The URL can be used to link to this page

Home My WebLink AboutPlanning Comm Rpts. /2005/03/16 AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m. Wednesday, March 16, 2005 CALL TO ORDER: Cortes Felber _ O'Neill_ Hom Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA Madrid_ 1-1111_ ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS APPROVAL OF MINUTES: February 9, 2005 February 23,2005 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 05-22; Consideration of a Conditional Use Permit for David Larson to conduct a Farmers' Market on the campus of Southwestern College at 900 Otay Lakes Road, Chula Vista, CA. Project Manager: Ann Pease, Associate Planner 2. PUBLIC HEARING: PCC 04-80; Consideration of a Conditional Use Permit to construct and operate an unmanned wireless telecommunications facility at 88 L Street. Applicant: Nextel Communications. Project Manager: Brian Catacutan, Development Services Technician Planning Commission - 2 - March 16, 2005 3. PUBLIC HEARING: PCS 05-09A; Consideration of a Revised Tentative Subdivision Map for a portion of Otay Ranch Village Seven Sectional Planning Area Plan located at the southeast corner of Birch Road and La Media Road. Otay Project LP. Project Manager: Harold Phelps, Associate Planner 4. PUBLIC HEARING: PCC 05-18; Consideration of a Conditional Use Permit for a Circle K located at 98 Bonita Road, which includes the demolition of the existing car wash and two of the existing fueling dispensers and the construction of a new 2,916 sf convenience store, which along with gasoline sales, will operate on a 24 hour basis and include the sale of beer and wine. Fiedler Group. Project Manager: Jeff Steichen, Associate Planner 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 participate in a City meeting, 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. MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, February 9, 2005 Council Chambers Public Services Building 275 Fourth Avenue, Chula Vista ROLL CALL/ MOTIONS TO EXCUSE: Present: Absent: O'Neill, Cortes, Felber, Hom, Hall Madrid Staff Present: Nancy Lytle, Assistant Planning Director John Schmitz, Principal Planner Lynette Tessitore-Lopez, Associate Planner Elizabeth Hull, Assistant City Attorney MSC (Cortes/Felber) (5-0-1-0) to excuse the Commissioner Madrid. Motion carried. PLEDGE OF ALLEGIANCE/SILENT PRAYER APPROVAL OF MINUTES: MSC (Felber/O'Neill) to approve minutes of January 10, 2005 as submitted. Motion carried. MSC (Cortes/Felber) to approve minutes of January 12, 2005 as submitted. Motion carried with Cmr. O'Neill abstaining. Motion carried. INTRODUCTORY REMARKS: Read into the record by Chair Cortes ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCM 04-16; Consideration of an amendment to the Eastlake Business Center II Sectional Planning Area (SPA) plan, Planned Community District Regulations, Design Guidelines and associated regulatory documents. MSC (Felber/Horn) (5-0-1-0) to continue public hearing to an unspecified date. Motion carried. Planning Commission Minutes - 2 - February 9, 2005 2. PUBLIC HEARING: PCS 05-03; Consideration of a Tentative Subdivision Map to convert 202 apartment units at 750 E. Naples Court into individual ownership condominiums. MSC (O'Neill/Felber) (5-0-1-0) that the Planning Commission open public hearing and continue it to February 23, 2005. Motion carried. 3. PUBLIC HEARING: ZAV 05-13; Consideration of a Zone Variance application requesting to waive the two-car garage requirement for an addition greater than 50% of the existing dwelling unit floor area. Background: Lynette Lopez reported that the applicant is proposing a 644 sf addition to an existing 917 sf single-family residence located at 163 G Street. The property is located between First and Second Avenue, north of G Street, a neighborhood consisting of well-maintained traditional single-family homes, most of which are built on lots containing approximately 7,000 sf. The homes surrounding this parcel predominately have two-car garages. The need for the construction of a two-car garage is the result of the owner's intent to add on more than 50% of the square footage of the existing residence. Section 19.24.190 and 19.22.170 of the Municipal Code require that additions to legal dwelling units that constitute 50% or more of the floor area of the original building shall comply with current zoning code. Chapter 19.62.180 states that all dwelling units in the R-1 zone shall have constructed on the same lot a two-car garage containing a minimum of 400 sf and a minimum dimension of 20 feet. There is ample room in the rear for a garage to be constructed with access to the rear from the westerly side of the parcel. A legal non-conforming situation already exists on the site in that the original single-car garage was converted to a bedroom in 1952. This conversion was legal with the benefit of a permit issued in 1952. In order to be able to grant the variance, there are four findings that must be made; they are: . That a hardship particular to the property and not created by an act of the owner exists. . That such a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted would not constitute a special privilege Planning Commission Minutes - 3 - February 9, 2005 of the recipient not enjoyed by his neighbors. . That the authorizing of such variance will not be of substantial detriment to the adjacent property and will not materially impair the purposes of this chapter or public interest. . That the granting of such variance will not adversely affect the General Plan of the City or the adopted plan of any government agency. Upon evaluation of the proposal, it is staff's opinion that there is no evidence of a hardship, therefore, the findings for granting a variance could not be found. Staff Recommendation: Based upon the findings of fact, that the Planning Commission deny the request for a variance from the two-car garage requirement of the R-1, Single-Family Residential Zone. Public Hearing Opened. Marisa Rascon, 163 G Street, Chula Vista, applicant, stated that her family of five needs the added living area (extra bedroom) to her existing two-bedroom house. Ms. Rascon stated she surveyed her neighborhood and found that the majority of the homes don't have a two-car garage. Ms. Rascon indicated she disagrees with the rationale behind the code requirement because in reality a two-car garage could not house their two SUV's and they would end up having to park one of their vehicles on the street. The Rascons would like to be able to park their two vehicles along the side of their home, pulling in all the way to the rear of the property on their driveway. Cmr. Horn asked for clarification as to what the Commission needs to consider in order to grant the variance. He also asked if the applicant has considered reducing the floor plan to less than 50% of the floor area. Elizabeth Hull stated that in order to approve the variance, the Commission would need to make the findings and establish a record reflecting that there is a hardship or some unique problem that would be able to justify the findings. If the findings are not met, then the variance cannot be approved. Ms. Rascon responded that they had discussed with their contractor the possibility of reducing the square footage and they determined that it was not in the best interest of their investment to reduce the square footage. Cmr. O'Neill stated that he could not make the finding that are required per the Municipal Code and offered a couple of alternatives: 1) as previously stated, that the square footage be reduced to less than 50% of the FAR, and 2) construct a secondary unit, which can be up to 850 sf and is allowed by right. Planning Commission Minutes - 4 - February 9, 2005 MSC (Cortes/Horn) (5-0-1-0) that the Planning Commission continue public hearing to March 23, 2005 to allow the applicant time to consider other potential options. Motion carried. ADJOURNMENT to the Special Joint meeting of the City Council and Planning Commission on February 14, 2005. Diana Vargas, Secretary to Planning Commission MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, February 23, 2005 Council Chambers Public Services Building 275 Fourth Avenue, Chula Vista ROLL CALL/ MOTIONS TO EXCUSE: Present: Absent: O'Neill, Felber, Hom, Hall, Madrid Cortes Staff Present: Nancy Lytle, Assistant Planning Director John Schmitz, Principal Planner Jeff Steichen, Associate Planner Rich Zumwalt, Associate Planner Dave Hanson, Deputy City Attorney II MSC (Hall/Horn) to excuse the Commissioner Cortes. Motion carried. PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Vice Chair Madrid ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCS 05-03; Consideration of a Tentative Subdivision Map to convert 202 apartment units at 750 E. Naples Court into individual ownership condominiums. Background: Rich Zumwalt reported that the apartment complex was constructed in 1989 and consists of a pool, spa and playground. Tentative and Final Map approvals are required to create the one-lot 202-unit condominium map. The project consists of 133 two-bedroom units and 68 one-bedroom units and 1 studio unit arranged into 22 two-story building. There are 373 carport and open parking spaces. Planning Commission Minutes - 2 - February 23, 2005 No significant exterior structural changes are proposed, however, the landscaping will be refreshed and parking lot resurfaced. The applicant proposes to provide the required storage space by remodeling the coat, patio storage closets, and laundry closets. The tenants have been made aware of the conversion proposal since the applicant has completed the tenant noticing required by the State and Municipal Code requirements, and they will be notified that they have first option to purchase a unit. The applicant will assist with the relocation of those tenants who prefer not to purchase their unit by providing them with $1,000 for moving expenses and their full security deposit refunded. Staff Recommendation: That the Planning Commission adopt resolution recommending that the City Council approve the proposed Tentative Map in accordance with the findings and subject to the conditions contained therein. Public Hearing Opened. Jim Neil, 4365 Executive Drive, San Diego, CA representing the applicant stated that the units are very much suited for condo conversion as they are attractive, each having its own washer/dryer hookups, individual water heater, nice community facilities and open space. Mr. Neil stated that he and his partner some time ago went door to door speaking to the tenants and informing them ofthe conversion plans, approximate timelines, their rights in terms of the noticing requirements; they were able to talk to approximately 70% of the residents. Mr. Neil also stated that a couple of letters have gone out updating the tenants on where they are in the process. Mr. Neil further stated that for tenants who wish to purchase their units, they will provide the homebuyer with a $3,000 credit towards the purchase of their unit, and assistance with information on Community Housing Works, a non-profit organization that assists first-time homebuyers by providing access to special loan and grant programs available through state and local government. They also assist with budgeting and credit repair. Public Hearing Closed. MSC (Felber/Hall) (5-0-1-0) That the Planning Commission adopt resolution recommending that the City Council approve the proposed Tentative Map in accordance with the findings and subject to the conditions contained therein. Motion carried. Planning Commission Minutes - 3 - February 23, 2005 2. PUBLIC HEARING: PCM 04-16; Consideration of an amendment to the Eastlake Business Center II Sectional Planning Area (SPA) plan, Planned Community District Regulations, Design Guidelines and associated regulatory documents. Background: Jeff Steichen reported that the proposal is a request to amend two sections of the Eastlake Business Center II SPA Plan and to add provisions for the development of a design district within the center. The first part of the request is to amend the PC District Regulations to add a Design District Overlay to the Land Use District Map and define allowable uses within said district. Secondly, to amend the District Guidelines to add sign criteria which is specific for businesses that will be located within the Overlay District. The area encompasses 36 acres located at the southeast corner of the Eastlake Business Center; surrounded to the north, east and south by existing residential and to the west a variety of business offices including corporate headquarters for Hitachi and Leviton. The first part of the amendment request is to establish a Design District Overlay. New language is proposed to be added to the PC District Regulations pertaining to the development within the Overlay District, which will include the requirement of a Master Use Permit in order to implement the specific land use provisions. Although the underlying land use district designation will remain BC-1, only the land uses which are specifically listed in the newly-created section of the SPA PC District Regulations will be allowed within the designated area once the MUP is approved. One of the points that staff differs with the applicant is the request to add the category of "paint and wallpaper" within the "wholesale/retail" category. Staff believes that this does not fall into the category of "wholesale" and it could open the door to retail uses that are not necessarily complimentary within the center. The second point where they differ is the applicant's proposed sign criteria, which contains provisions that exceed the allowable number, size and area for signs within the district. Staff concurs with the applicant that due to the uniqueness of the design district concept, certain provisions should be added for signage, however, since the area is within the business center, certain boundaries still need to be maintained. SiQn Tvpe "A" - District Identification Monument. One ofthe most significant deviations relates to the proposed 30 foot high entry monument sign, with a primary concern being the number of tenant panels, which this sign could accommodate up to 8 panels. Staff recommends that a maximum of five panels be allowed. Planning Commission Minutes - 4 - February 23, 2005 Siqn Type liB" - District Entry Monument. While staff concurs with the applicant over the appropriateness of the entry identification signs, the applicant is proposing to have up to 50 tenant logos on the base of the sign. Staff believes it's unnecessary to have tenant logos and is recommending that all they have is the district logo. Siqn Type "C" - Tenant Identification Siqn. Staff recommends allowing only one of these signs at each entry driveway rather than two as proposed by the applicant. Staff Recommendation: That the Planning Commission adopt Resolution PCM 04-16 recommending that the City Council approve the proposed amendments to the Eastlake II Planned Community District Regulations and the Eastlake Business Center II Design Guidelines based on the findings contained in the draft City Council Ordinance and Resolution. Public Hearing Opened. Mike Vogt, Developer, 368 Surrey Drive, Bonita, CA, stated that the design district will be the only home-improvement showroom district south of Interstate 8, but more significantly it can become the best design district in all of San Diego County. Unlike other design districts located on Mira Mar Rd. and the 78 corridor, which one could describe as a mass of unplanned and disconnected showrooms; by contrast, the Eastlake Design District will be located on a Master Planned 34 acres site and will bring a cohesive district with clarity that appeals to today's upscale shoppers. The center will be a state-of-the-art regional desig n district with showrooms for flooring, game room tables, spas, appliances, tile, lighting, and many fine furniture showrooms. In order to achieve the vision for the district, it is essential that the SPA amendment incorporate the carefully-designed sign program, as well as all of the uses that are necessary to be truly a complete home-improvement showroom district. The center will consist of ten buildings with approximately 50 showrooms ranging in size from approximately 2,000 to 50,000 sf., and will benefit the City by generating approximately 1.3 million dollars in tax revenue and creating approximately 500 jobs. Mr. Vogt stated that in order to ensure the center's success, they recognize there are some obstacles they must overcome with respect to image, therefore, they are pursuing an aggressive marketing and PR campaign in order to attract the design industry to Chula Vista. The second obstacle is that the district has no freeway visibility and has very little frontage on a major street. To address this issue, a comprehensive sign program has been designed. The main entry monument sign (sign A) has been designed to allow for four anchor Planning Commission Minutes - 5 - February 23, 2005 tenants of Phase I and four anchor tenants of Phase II. The tenant logos that are proposed to be on the tile base of the entry monument signs (B) are intended to be more of a backdrop and an incentive for people to come into the district, letting them know that there are several types of showrooms in that district. The reason for proposing two tenant directional ground signs (C) on both sides of the driveway is not to duplicate names; for example, Bassett would have their name on one sign and another company would have their name on the other sign. Additionally, the tenants will collectively be spending millions of dollars in advertising and are of the opinion that it is important to make it convenient to their customers to know which driveway to turn into and not have to look through dense landscaping material to try to read a sign on a building fascia. Ground Sign D, the interior tenant directional signs are simply to direct customers to the showroom locations once they come into the site. There are no issues with staff regarding this sign. Mr. Vogt concluded by stating that he appreciated the Commission's consideration of their project and he and his consultants were there to answer any questions the Commission might have. Public Hearing Closed. Cmr. Horn stated that in recent reviews of commercial centers, it has been a consensus of the Commission to recommend that the name of "Chula Vista" be incorporated in to the design of the sign plan; he inquired if any consideration had been given to include "Chula Vista" in the sign plan for this project. Mr. Vogt responded that although they have been encouraged by The Eastlake Company to name it The Eastlake Design District, the PR and marketing campaign that they've embarked upon in order to attract the industry to come to Chula Vista, essentially is a marketing campaign selling the City of Chula Vista. Mr. Vogt further stated that he would like to see the design district advertised on the kiosk roadside signs located on the main arterials in eastern Chula Vista advertising the master planned communities. Cmr. Felber reaffirmed Cmr. Hom's statement regarding the Commission's desire and recommendation to incorporate the name of "Chula Vista" in the sign program. Cmr. O'Neill stated that he too echoes Cmrs. Hom and Felber's statements regarding the name of Chula Vista, and also supports the applicant's desire to add the design center to the kiosk arterial signs that shows the master planned communities. Planning Commission Minutes - 6 - February 23, 2005 Cmr. O'Neill further stated that he supports the applicant's design proposal for the entry monument sign B, however, he is concerned that as tenants come and go, that could create a mish-mash of empty tiles, therefore, he would recommend as a condition of approval that the applicant ensure that a new tile replaces the vacated tile. Cmr. O'Neill stated that although he understood staff's concerns with adding the category of "paint and wallpaper" as an allowed use, in his opinion this is an appropriate use for the design center and suggested that perhaps language could be added to the description in the Master Use Permit stating that an equal or significant amount offloor area be designated for both paint and wallpaper. Mr. Vogt responded that that had been discussed with their sign company and they were assured that there would be a means by which to do this. A discussion followed regarding adding the name of "Chula Vista" to the signage. Dave Hanson stated that it is within the Commission's purview to make a recommendation to the applicant as to what their preference would be to name the center, however, there are First Amendment rights involved with signage, therefore, he admonished the Commission to refrain from compelling the applicant to name his project in a specific manner. MSC (Hall/Felber) (5-0-1-0) that the Planning Commission recommend that the City Council; 1.) approve the amendments to the Eastlake II Planned Community District Regulations adding "paint and wallpaper" as an allowable land use, and 2.) approve the Eastlake Business Center II Design Guidelines incorporating the applicant's proposals for the sign program and their recommended language contained in the PC District Regulations with the following clarification on their recommendations: · That the Planning Commission is accepting the applicant's proposal for the number of tenant logos on district identification sign A, the number of tenant logos on entry monument sign B and the number of entry monument signs C. · That consideration be given to incorporate the name of "Chula Vista" on the district identification signs, and · That language be added to the Master Use Permit stating that an equal or significant amount of floor area be designated for both paint and wallpaper. Motion carried. Planning Commission Minutes - 7 - February 23, 2005 ADJOURNMENT to the Special Joint meeting of the City Council and Planning Commission on March 9, 2005. Diana Vargas, Secretary to the Planning Commission PLANNING COMMISSION AGENDA STATEMENT Item: 1 Meeting Date: 3-16-2005 ITEM TITLE: Public Hearing: Consideration of a Conditional Use Permit, PCC-05-022, for Mr. David Larson to conduct a Farmers' Market on the campus of Southwestern College at 900 Otay Lakes Road. Mr. David Larson is requesting permission to conduct a weekly Farmers' Market on the campus of Southwestern College at 900 Otay Lakes Road (see Locator). The project will consist of the establishment of a market to be held every Saturday morning in lot "0" of Southwestern College and involving approximately 45 vendors, 25 of which will be certified agricultural producers. Also proposed are the installation of porta-potties with hand wash facilities, live music and children's activities such as pony rides and face painting. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus no further environmental review is necessary. BACKGROUND: On April 20, 2004, Ordinance No. 2958 was adopted at a regular meeting of the City Council. This Ordinance amended Section 19.54.020 and added Section 19.58.148 to the Chula Vista Municipal Code in order to allow "Certified farmers' market(s)". These are described in the Municipal Code as retail sales operations, generally outdoors, selling predominantly fresh produce and/or flowers which are subject to the certification regulations of the State of California Department of Agriculture, Weights and Measures and the County of San Diego's Department of Environmental Health. Certified Farmers' Markets are required to operate no more than once a week, with the day and hours of operation established by the Conditional Use Permit. The sales area must maintain a 25-foot setback from the street and must be located on a paved surface. The sales area is required to be kept in a neat and well-kept manner, with restrooms, emergency access, waste management provisions and on- and off-site security and traffic controls. Approval of a planned sign program is required, complying with the provisions ofCVMC 19.60.050 and temporary signs identifying the market and its hours may only be displayed for a maximum of four hours prior to the event and one hour following, in addition to during the event. Page 2, Item: Meeting Date: 3-16-2005 The initial tenn of a Certified Farmers' Market is specified to be for a period not to exceed one year, with any extension or renewal of the Conditional Use Pennit being heard and acted upon by the City Council, unless the City Council expressly delegates such authority to the Planning Commission. This event is described by the applicant as a fundraiser for Southwestern College, anticipated to encourage good relations between the local residential community and the college. RECOMMENDATION: That the Planning Commission adopt Resolution PCC-05-022, recommending that the City Council approve the proposed establishment of a once-weekly Farmers' Market on the campus of Southwestern College. DISCUSSION: 1. Site Characteristics The project site is located at 900 Otay Lakes Road, currently the location of an existing community college. The proposed site of the activity is the northeastern section of the parking lot which abuts Otay Lakes Road. Parking Lot '0' is to be utilized, providing the area where the stalls are to be set up, the rides are to be accomodated and parking for customers is to be furnished. Parking for approximately 460 vehicles is anticipated, with a minimum of four spaces designated for handicapped use. Across Otay Lakes Road to the east are a number of small shopping locations, including a large market supplying produce and flowers, and immediately behind them, again to the east, is a large, well-established single family residential area. The area immediately to the north of Parking Lot '0' is vacant and owned by Southwestern College, primarily intended for overflow parking. To the north of that area, across East H Street, is another, somewhat larger, shopping center, also containing a chain-type grocery store. Immediately to the south is a large, higher density single-family residential area, as is the region to the west of the campus, some considerable distance from the parking area proposed in this application. 2. General Plan. Zoning and Land Use The project is located in the Single Family Residential (R-l) zone, and has a General Plan Land Use Designation of Low-Medium Residential (RLM). The following table specifies the types of land uses surrounding the project site: Site: North: South: East: West: Page 3 , Item: Meeting Date: 3-16-2005 General Plan Zoning Current Land Use Single Family Residential Single Family Residential Single Family Residential Central Commercial Single Family Residential R-I R-I P-C C-C P-C College College overflow parking Single Family Residences Shopping Center Single Family Residential 3. Proposal Mr. David Larson proposes to operate a Fanners' Market every Saturday morning from 8:30 a.m. to 1 :00 p.m., regardless of weather conditions, on the campus of Southwestern College, occupying the parking lot in the northeast area of the site. His application states that a rental fee from the market is intended to benefit Southwestern College. His intent is to provide forty-five vendors, twenty-five of which will be Certified Agricultural Producers. Another twelve vendors will merchandise prepared foods and an additional eight are anticipated to be arts and crafts suppliers. Live music will be perfonned at a relatively low volume with little or no amplification, and there will be children's activities, which may include pony or llama rides, an air jump and face painting. The applicant plans to begin operations in April of 2005, and it is understood that any extension or renewal of this use pennit must be heard and acted upon by the City Council. Complete plans of this proposal have been submitted (see Site Plan of Attachment->. Market setup will be temporary, and removal of stalls and other equipment will be accomplished at the end ofthe day's events. The stalls and activities will be situated entirely on paved surfaces, and there will be a twenty- five- foot setback of any stalls from nearby streets. All trash, including greenwaste and recycling, will be removed from the site by each operator, although a trash bin will be provided for customers. An effort will be made to maintain the sales area in as neat and clean a manner as possible at all times. On the day of the event, two temporary signs are proposed to be used. The signs will be mounted against standard portable barricades and will measure two feet by four feet tall. They will be put out in the morning of the event and retrieved in the afternoon. ANALYSIS: In accordance with Section 19.58.148 of the Chula Vista Municipal Code, the City Council, subsequent to its receipt of recommendations thereon from the Planning Commission, is required to approve a Conditional Use Pennit in order for a Fanners' Market to operate. Page 4 , Item: Meeting Date: 3-16-2005 This Community college is located in the middle of a large residential area, with the exception of small shopping venues located on the east side ofOtay Lakes Road and the north side of East H Street. The area proposed for this Farmers' Market is the northeast area ofthe campus, closest to the intersection of East H Street and Otay Lakes Road. Because City staff had concerns that a Farmers' Market in this location might present an imposition to residents in the area, it was requested that the applicant notify neighbors within a distance of one thousand feet ofthis location. The applicant's notice was based upon the actual market site rather than the entire area of Southwestern College, and staff believed this was appropriate. It was determined that if City staff was contacted by four neighbors of the proposed market who expressed concern about the activity, a date would not be selected for public hearing. Instead a public meeting would be conducted in the neighborhood to determine the level of concern, and to try to determine what potential restrictions might be placed on this market in order to ameliorate that concern. Two calls were received almost immediately from neighbors who expressed serious misgivings about the market, and staff informed the callers that if a public meeting was not scheduled they should plan to attend the Planning Commission Meeting to express their anxiety. When no further calls were received, staff scheduled this application for a hearing before the Planning Commission. Shortly after the notice was prepared but before it was sent out, two more phone calls were received by the Department, both from neighbors who expressed misgivings about the project. It was determined to proceed with the Planning Commission hearing, but all concerned neighbors were advised to attend the meeting to express any fears they might have about this application. Because the City sends out notices to all residents around a legal parcel, more neighbors of this application have received notice of this public hearing than received initial notification of the applicant's intent. Following noticing of this activity, City staff immediately began receiving concerned phone calls from neighbors on all sides of the college, some of whom were very troubled about this application, but less so after being told of the precise location of the market. This information is nevertheless provided for the Planning Commission as warning that there may be a number of neighborhood residents who attend this meeting to express their displeasure with this application. Staffwill attempt to fully disclose the nature and precise location of this activity in the presentation during the Planning Commission meeting. To date there has also been one very supportive call from a neighbor expressing pleasure at the application. The site plan indicates that the market is a relatively small endeavor, when compared to the size ofthe college campus. On Saturday mornings there is unlikely to be any limitation on the amount of available parking, since few students are likely to be on campus, and the activity is reasonably-well removed from both neighboring businesses and residences. Traffic associated with this Farmers' Market will probably not exceed the amount usually associated with the Page 5 I Item: Meeting Date: 3-16-2005 college campus, although staff concedes that it may be more active and intense due to the relatively short time a shopper might be present at the market. The establishment of a fanners' market at this location will provide an increased amount of necessary and desirable service to the residents and businesses ofChula Vista. Fanners' markets are a proven "sustainable" agricultural and consumer practice. "Sustainability" is an enonnous public policy advantage to the community. Another advantage is that these markets become a place to meet friends and neighbors, thereby building community. They have been found to help local retailers thrive in locations where markets exist, since people will come out to shop and combine trips. It has been stated by the applicant that the majority of the produce is of a variety and freshness not typically available in retail stores. Local growers tend to practice organic fanning, resulting in fewer pesticides and fertilizers that cause pollution. Local Fanners' Markets are a method of reducing environmental costs by avoiding the price of transport of agricultural products from further away, common when shopping at chain grocery stores. The structures will be entirely temporary on this site and an adequate effort has been made to limit the potential effects on passers-by and neighbors of the property. The proposed use is consistent with the General Plan of the city. This proposed market will help accommodate the needs of residents in this portion of the City, and it is a short tenn, interim use 'which will therefore not adversely affect the policy and goals of the General Plan. Issuance of a Conditional Use Pennit., as conditioned, will be in substantial compliance with the Municipal Code. CONCLUSION: Staff believes that this request meets the findings required for its granting and recommends approval of the proposed conditional use permit in accordance with the attached Planning Commission Resolution. Attachments 1. Locator Map 2.. Planning Commission Resolution PCC-05-022 3. Project Site Plans 4. Disclosure Statement j :\Planning\ANN\PCC\Staff Reports\PCC05022.StfRpt.doc RESOLUTION NO. PCC-05-22 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AND IMPOSE CONDITIONS ON A CONDITIONAL USE PERMIT PCC-05-022 TO CONDUCT A FARMERS' MARKET ON THE CAMPUS OF SOUTHWESTERN COLLEGE AT 900 OTA Y LAKES ROAD - DAVID LARSON WHEREAS, on November 15,2004 a duly verified application for a Conditional Use Permit (PCC-05-022) was filed with the City of Chula Vista Planning and Building Department on behalf of David Larson ("Applicant"); and WHEREAS, said application requests permission to conduct a Farmers' Market consisting of 45 vendors, 25 of which will be Certified Agricultural Producers on the campus of Southwestern College on the Project Site ("Project"); and WHEREAS, the area of land owned by Southwestern College is the subject matter of this resolution, and is represented in Exhibit A attached hereto and incorporated herein by this reference; and for the purpose of general description is approximately 3.5 acres of property on the northeastern comer of the overall Southwestern College site at 900 Otay Lakes Road, with a land use designation of Residential Low/Medium (RLM) and a zone of Single Family Residential (R-l) ("Project Site"); and WHEREAS, Certified Farmers' Markets require that a Conditional Use Permit (CUP) shall be approved by the City Council subsequent to its receipt of recommendations thereon from the Planning Commission, pursuant to Chula Vista Municipal Code Section 19.54.020 and Section 19.58.148; and WHEREAS, such markets require that a CUP shall require a public hearing before the City of Chula Vista Planning Commission; and WHEREAS, the Environmental Review Coordinator has reviewed the proposal for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State CEQA Guidelines, thus no further environmental review is necessary; and WHEREAS, the Planning Commission does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. WHEREAS, the Planning and Building Director set the time and place for a hearing on said Conditional Use Permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries of the project site at least 10 days prior to the hearing; and Resolution pee 05-022 Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely March 16, 2005 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the Project, the Planning Commission voted (4-0-2-0) recommending that the Conditional Use Permit be approved; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby recommend to the City Council that they approve the proposed Conditional Use Permit 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 and the Applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 16th day of March, 2005, by the following vote, to-wit: A YES: Cortes, Felber, Horn, Hall NOES: ABSENT: Madrid, O'Neill ABSTAIN: ~lC / ) dbt Marco Polo Cortes, Chair ATTEST: ~~~ 1: \Planning\ANN\PCC\Resol utions\PCC05022. PCRESO .doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT PCC- 05-022 TO CONDUCT A FARMERS' MARKET ON THE CAMPUS OF SOUTHWESTERN COLLEGE AT 900 OTAY LAKES ROAD, CHULA VISTA.- DAVID LARSON I. RECITALS WHEREAS, on November 15,2004 a duly verified application for a Conditional Use Permit (PCC-05-022) was filed with the City of Chula Vista Planning and Building Department by David Larson ("Applicant") requesting permission to conduct a Farmers' Market consisting of 45 vendors, 25 of which will be Certified Agricultural Producers on the campus of Southwestern College on the Project Site ("Project"); and A. Project Site WHEREAS, the area ofland owned by Southwestern College is the subject matter of this Resolution, and is represented in Exhibit "A", copies of which are on file in the Office of the City Clerk, attached hereto and incorporated herein by this reference; and for the purpose of general description is approximately 3.5 acres of property on the northeastern comer of the overall Southwestern College site at 900 Otay Lakes Road, with a land use designation of Residential Low/Medium (RLM) and a zone of Single Family Residential (R-l) ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on November 15, 2004, the Applicant filed an application with the City of Chula Vista Planning and Building Department requesting approval of a Conditional Use Permit to allow the operation of a Certified Farmers' Market consisting of 45 vendors, 25 of which will be Certified Agricultural Producers on the campus of Southwestern College; and C. Prior Discretionary Approval and Recommendations WHEREAS, the application for a Conditional Use Permit has received the following discretionary approvals and recommendations: Planning Commission recommendation of approval of Conditional Use Permit PCC-05-022 to operate a Certified Farmers' Market on the campus of Southwestern College on March 16,2005; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 16,2005, and after hearing staffs presentation and public testimony voted to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and Resolution No. 2005- Page 2 of E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's Conditional Use Pennit application; and notice of said hearing, together with its purpose, was given by its publication in a newsaper of general circulation in the City, its mailing to property owners and tenants within 1,000 feet of the exterior boundary ofthe Project, at least ten days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City ofChula Vista on AprilS, 2005, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby find, detennine and resolve as follows: II PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on March 16,2005, and the minutes and Resolution resulting therefrom, are hereby incorporated into the record ofthis proceeding. III. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reveiwed the proposed project for compliance with the California Environmental Quality Act and has detennined that the proposed project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 ofthe State CEQA Guidelines. Thus no further environmental review or documentation is necessary. IV. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council has exercised their independent review and judgement and concurs with the Environmental Review Coordinator's detennination that the Project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. V. CONDITIONAL USE PERMIT FINDINGS The City Council ofthe City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of Conditional Use Pennits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that pennits the stated finding to be made. Resolution No. 2005- Page 3 of 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed use at this location is necessary and desirable from the perspective that providing for the sale of fresh produce and flowers to residents of this neighborhood is a positive feature which will contribute to the general well-being of both the neighborhood and the community at large. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed use will not be detrimental to the health, safety or general welfare to the general public, or be injurious to property or improvements in the vicinity. The market will only operate on Saturdays, when the college is not in session and will provide little impact on traffic or parking. Provisions have been made in this application which will ameliorate traffic concerns, provide for trash accumulation and restrooms and will be of a temporary nature, with removal of stalls and equipment accomplished at the end of the day's events. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. The proposed use shall comply with the conditions of Conditional Use Permit, PCC-05- 022 as recommended by the Planning Commission, and shall be in accordance with all applicable regulations and standards specified in the Municipal Code for such use. The proposed use is also in accordance with Municipal Code Section 19.58.148, which now allows Certified Farmers' Markets in residential zones, provided the property is used primarily for public or quasi-public uses. Furthermore, the conditions of this permit are approximately in proportion to the nature and extent of the impact created by the proposed development in that the conditions imposed are directly related to and of a nature and scope related to the size and impact of the Project. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The granting of this Conditional Use Permit will not adversely affect the Chula Vista General Plan in that said Project is in the Public/Quasi-Public land use designation, which anticipates the gathering of groups of people for activities such as this Certified Farmers' Market. Thus the granting of this Conditional Use Permit is in keeping with the intent of the General Plan of the City. VI TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Pennit PCC-05-022, subject to the following conditions, whereby the Applicant and/or property owners shall: Resolution No. 2005- Page 4 of PLANNING & BUILDING DEPARTMENT CONDITIONS 1. The Project, as shown or described in the conceptual plans, applications and other exhibits shall be established and maintained as those plans are approved by the Planning Commission. No more than 45 vendors may participate, with at least 55% of those vendors being certified agricultural producers. 2. The Farmers' Market shall operate only on Saturdays, no more than once a week, with the day and hours of operation as established in this Conditional Use Permit, to whit, from 8:30 a.m. to 1 :00 p.m. every Saturday. The market shall be located in the northeast area of the Southwestern College campus, closest to the intersection of East H Street and Otay Lakes Road. 3. Approval of a Planned Sign Program shall be obtained which designates all signs to be used. The approval of the Planned Sign Program shall comply with the provisions of CVMC 19.60.050. 4. Temporary signs identifying the Farmers' Market and hours thereof may be displayed during the event, and not more than four (4) hours before and one (1) hour after said event. 5. Pennants may be used only for safety and precautionary purposes. 6. Price signs may be used only when of a size and location so as to benefit the pedestrian shopper and not passing vehicles. 7. This Certified Farmers' Market shall be subject to the certification regulations of the State of California Department of Agriculture, Weights and Measures, and the County of San Diego's Department of Environment Health. 8. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 9. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and Resolution No. 2005- Page 5 of (c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy ofthis conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition ofthis conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 10. The applicant shall allow the Project Site, while it is in operation, to be inspected six months subsequent to the issuance of a business license to check conformance with Project plans and conditions of approval. 11. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) ofthe Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 12. Pursuant to Chula Vista Municipal Code 19.58.148 (c) (6), this permit shall expire one (1) year after the date of its approval by the City Council. Any extension or renewal of this use permit must be granted by the City Council. 13. This Conditional Use Permit shall become void and ineffective if not utilized or extended within the time allotted in Section 19.14.260 of the Municipal Code. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL 14. The property owner and the applicant shall execute this document by signing the lines provided below; said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the county of San Diego, at the sole expense ofthe property owner and/or applicant, and a signed, stamped copy returned to the City's Planning and Building Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office. Signature of Property Owner Date Signature of Applicant Date Resolution No. 2005- Page 6 of CONSEQUENCE OF FAILURE OF CONDITIONS 15. If any of the foregoing conditions fails to occur, or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building pennits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this pennit may also result in the imposition of civil or criminal penalties. Developer or a successor in interest gains no vested rights by the City's approval ofthis Resolution. INVALIDITY; AUTOMATIC REVOCATION 16. It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every tenn, provision and condition herein stated; and that in the event that anyone or more tenns, provisions or conditions are detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the pennit shall be deemed to be automatically revoked and of no further force and effect ab initio. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS DAY OF 2005. Presented by: Approved as to fonn by: James Sandoval, Director of Building and Planning Ann Moore City Attorney J :\Planning\Ann\PCaResolutions\PCC05022.reso PLANNING COMMISSION AGENDA STATEMENT Item: ~ Meeting Date: 03-16-2005 ITEM TITLE: Public Hearing: PCC-04-080 consideration of a Conditional Use Pennit to construct and operate an unmanned wireless telecommunications facility at 88 L Street. The applicant is Nextel Communications. The Applicant, Nextel Communications, submitted a conditional use pennit application to construct and operate an unmanned wireless telecommunications facility at the San Diego Country Club Golf Course located at 88 L Street (see Locator Map, Attachment 1). The project includes construction and co-location with three existing service providers an unmanned wireless telecommunications facility on an existing 72-foot mono-pine supporting 12 panel antennas, and placing a 336 square foot equipment shelter behind an existing building. The Environmental Review Coordinator has concluded that this project is a Class 3 categorical exemption from environmental review (CEQA Section 15303, new construction of small structures). RECOMMENDATION: That the Planning Commission adopt Resolution PCC-04-080 approving the proposed wireless telecommunications facility, subject to conditions contained therein. DISCUSSION: 1. Project Background Nextel Communications is expanding its existing wireless network throughout San Diego County. The network consists oftransmission and receiving stations, also known as wireless facilities or cell sites, to provide wireless communication services to serve residences and businesses as well as provide wireless connections for emergency services. Nextel Communications in proposing a wireless facility within the San Diego Country Club in an effort to provide adequate wireless services to its customers within the vicinity ofL Street and the general area west ofthe 805 freeway. Three previous wireless service providers, Sprint, Cingular & Verizon, were approved through conditional use pennits PCC-00-27, 47 & 53 to construct and operate two antenna arrays on each of two existing mono pines, allowing a fourth carrier to collate in the future. N extel Communications is applying to be the fourth carrier on the two existing mono-pines. 2. Project Setting The 3.02 -acre project site is located North of Naples Street near the intersection of Tobias Drive and is situated among single family residential units. The project site is within the San Diego Country Club, and has a gentle slope or benn from Naples Street up to where the equipment shelter will be located. The two existing mono-pines are level with no elevation changes proposed. The Page 2 I Item: Meeting Date: 3-16-2005 entry to the site is a service driveway with a screening fence located in front ofthe project site. The golf course is to the west and north. Residential dwellings are to the east and south. The two existing mono-pines currently carry three sets of panel antennas for three different wireless companies. Nextel Communications is proposing to be the fourth and final wireless facility to co- locate on one of the two mono-pines. 3. General Plan, Zoning and Land Use The project is zoned Single Family Residential, and has a General Plan Land Use Designation of Residential Medium. The following table specifies the existing land uses surrounding the parcel: General Plan Zoning Current Land Use Site: North: South: East: West: Residential Medium Medium High Low Medium Residential Medium Residential Medium R1, Single Family R3P14, MF Residential R15P, Single Family R3, MF Residential R1, Single Family Golf Course Service Yard Golf Course Service Yard Single-Family Residential Detached Condos Golf Course 4. Project Description Nextel Communications proposes to co-locate twelve (12) panel antennas to an existing 72 foot high support structure disguised as a mono-pine and a single story prefabricated 10 foot high equipment building on a concrete pad. The proposed panel antennas will be mounted 45- feet (centerline) above ground level and will be painted to match the existing antennas (Attachment 2). The proposed prefabricated equipment building will be installed within the approved project area per PCC-00-27, 47, and 53. This building houses all ofthe electronic radio equipment that operates this site. Some of the existing landscaping will be relocated to screen the equipment building from the homes located south ofthe subject site. 5. Staff Analysis In accordance with Section 19.89 ofthe Chula Vista Municipal Code, wireless telecommunications facilities are allowed in any zone, but monopoles or mono-pines that exceed the height limit within the particular zone require approval of a Conditional Use Pennit by the Planning Commission. The project site is zoned R1 (Singe Family Residential), which has a maximum height limit of28 feet. The 72-foot tall mono-pine exceeds the maximum height limit by 44 feet. The equipment shelter location is proposed at the southwest property line (rear yard). The shelter is setback 51 feet from this line, meeting the minimum rear yard setback of 20 feet for a single family zone. Additionally, the equipment shelter is setback 36 feet from the adjacent properties on the east side, which meets the minimum side yard setback of 10 feet for a single family zone. Page 3, Item: Meeting Date: 3-16-2005 Why is the proposed height the only technologically feasible option for providing service to the area? The proposed facility is designed to provide coverage for customers in the vicinity ofL Street and areas west ofthe 805 freeway. The goal ofthe facility is to provide a signal that would reach signals generated by other existing Nextel Communications facilities in the area (see Radio Signal Coverage Maps, Attachment 3). Nextel Communications radio engineers have detennined that in order to meet the goal, the proposed 72- foot tall mono-pine and 12 antennas are necessary to ensure that the radio signals reach the other signals in the area to provide uninterrupted coverage. Also, this taller facility with multiple antennas means less cellular facilities in the area. Does the facility use the smallest practical devices and most efficient technology needed to achieve the needs of the network? The facility will use a total of 12 panel antennas mounted on a 72-foot high monopine, and a 336 square foot equipment shelter that will provide the necessary connections to operate the facility. This facility has been designed and located to meet the current and anticipated needs ofthe Nextel Communications network in the area. According to Nextel Communications engineers, this facility uses the smallest practical devises, and the most efficient technology available. Has the facility been designed utilizing stealth technology to be visually unobtrusive and to blend with the surrounding environment? The facility includes a monopole that resembles a pine tree to conceal the antennas. This stealth design (mono-pine) is located near the existing pine and eucalyptus trees. The equipment shelter is designed to match the design features ofthe existing buildings. This stealth design facility provides visual compatibility within the context ofthe golf course; therefore, the project design complies with the City's design standards for facility stealthing. Was there a good faith effort to co-locate the Nextel facility? Why not to co-locate? Were additional co-location sites considered? The existing two mono-pines were designed to accommodate co-location for a total of four wireless communications facilities. Nextel Communications is the fourth wireless communications facility established on the two existing mono-pines. Is there an opportunity for co-location at the proposedfacility? The two mono-pines were built to accommodate a total of four wireless facility companies. Three wireless companies were approved previously by PCC-00-27, PCC-00-47 & PCC-00-53 with plans for a fourth provider on the mono-pine that contains only one provider's antenna array. If approved, the two mono-pines will have maximized the use and potential by carrying a total of four wireless providers Page 4 I Item: Meeting Date: 3-16-2005 Conclusion The wireless facility at the proposed location will provide a necessary service by improving wireless cell phone service to customers in the vicinity of L Street and west of the 805 freeway, which includes, residents, businesses and emergency service providers. Additionally, in the event of a natural disaster or other emergency situation whereby traditional phone service may be interrupted, the proposed facility would allow wireless telecommunications phones to continue operating. The wireless facility will help accommodate the communication needs in the area. It is a passive use and therefore, will not adversely affect the policy and goals ofthe General Plan. Additionally, the project is desirable because it is consistent with the intention to co-locate wireless facilities. Staff recommends that the Planning Commission approve the project subject to the conditions in the attached Planning Commission Resolution. Attachments 1. Locator Map 2. Elevations 3. Radio Signal Coverage Maps 4. Resolution J :\Planning\Case Files\-05 (FY 04-05)\PCC\Public Hearing\PCC-04-080\Staff Reports\PC\PCC-04-080 Staff Report.doc ATTACHMENT 1 --------- \ (, /' \ \ / // \ \ / -\ .- ~~, \ ~/ \ ,----/\ ,~, /~ I ,\ ____/, I\-\ ~ I '. ,--- / \ ,,' , A.' ,_____' \ ~ i \ / \ ~ \ \ ~/\ \ \~ ' ! 'I \ ';-~ \ /' \ \~\ \~/\ /- '\ ~.. \ \~ ~ \-/----/ \ /~. \---- Jt-- y \ \ / \ \ /'1 \~,.~ .\'''-. \ "~ \L~ \--/%\~ ~'" \/\ o,/-\,~:~. \%',\----~\. ~\ Q \----------~. /J ~'~\~\~, ~~~~, \~ / ~ \____-----\;:\~.... 'I. \. \~~ \. .~ '. ' ~, ____/\9.:, \____~\ \----~I ( \ ! \/\~~:~~~~\C) 'E~ , '\;'\, ,/~~/\ \/k~ // \ ,~~~'\\ ~ /\ 'V-C\\,'~ \ .,V', '~ PROJECT ~~. \3,~y.~!~~~\ \/ \\:/ iOCATION //\ .~ \ \ c~? Moss St Y \ 4 ----- !~ \ ~ I L: \ ____ (~--~\-:J '-/~=;r\~i'\ \ ~~j' ;==\:3' -\ ~ \//y~~\:=\=j\~' \// \;:::::\: ~~~~\=\~\~\e~S'. ' \ \~' ',.' ~ '?\~ ~~- \ \~\/ ~o? '.".'" \ .,;;; . (J I I ~"~~\ I ' \, , \ ~ eft '-'\ \ \ \------- '. \ \ --------- \ ~ \ \ ' ", .....------ \=\1\:-=~..\ \ ~.' " \,~\/'/'.. \ /;:~~. \=:~----:\.\-/\::?\ \;-:\c/:// \~~=:=:'\,~==-x2~? \~-1:\ \//', \ \ \::::=; ~~.'\~ ~. \, //\....'\ /"~\\\ 'c/\.~~:-\.. '~;/~:=-\, \;:::::::. ~ \~ S ~\\ \~ \~5 \ ,\ ~ \ ----/', \~\ I~. '~. "\~f~~-\ '\-----.~ '\ ///~. --'I \~-------'\\ ------\, \ ~I 1\ \~ ~ ~\------- ~, \ ~ ~/ ~ ~'I ~I y--- ~ ~ ,____------- ~ ----\ I ~ \ .~ \ ~ , , ____/'1 \ , \ , , \ \ \ //////~\ San Diego Country Club , / CHULA VISTA PLANNING LC)OCATOR ~~~~J~~1T: Nextel Communications PROJECT 88 L Street ADDRESS: SCALE: FILE NUMBER: NORTH No Scale PCC-04-080 AND BUILDING DEPARTMENT PROJECT DESCRIPTION: CONDITIONAL USE PERMIT Request: Proposal to install 12 antennas on an existing 72' high monopine located on the southside of the San Diego Country Club. J:\planning\carlos\locators\pcc04080.cdr 07.12.04 RESOLUTION NO. PCC-04-80 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT, PCC-04-080, TO CONSTRUCT AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY FOR NEXTEL COMMUNICATIONS AT 88 L STREET (SAN DIEGO COUNTRY CL UB). WHEREAS, the area of land owned by The San Diego Country Club Inc. is the subject matter of this resolution, and is represented in Exhibit "A" attached hereto and incorporated herein by this reference; and for the purpose of general description is located at 88 L Street ("Project Site")' and , , WHEREAS, on July 7, 2004, a duly verified application for a Conditional Use Permit (PCC-04-080) was filed with the City ofChula Vista Planning Division by Nextel Communications ("Applicant"); and, WHEREAS, Applicant requests permission to construct and co-locate with three other service providers an unmanned wireless telecommunications facility on an existing 72-foot-high monopine to support 12 panel antennas and place a single-story prefabricated equipment shelter on a concrete pad ("Project"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines and, thus, no further environmental review is necessary; and, WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on March 16, 2005, at 6:00 pm in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission of the City ofChula Vista to receive the recommendation of City staff and to hear public testimony with regard to the Project, and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby find, determine and resolve as follows: 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed antenna location will help maintain a quality wireless phone system in the Chula Vista area, particularly to the surrounding residential areas. The proposed mono-pine antenna will provide coverage and-cap-acity for this system that will ensure availability to business users, personal users, and emergency service providers including sheriff, police, fire, and paramedics, thus enhancing emergency service response. The co-location of this facility at this site is desirable because the infrastructure is already in place and anticipated for this facility. Also, this co-location will minimize disruption to the surrounding residential community because no additional mono- pines will be constructed in the immediate vicinity. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed use will not be detrimental to the health, safety or general welfare to the general public, or be injurious to property or improvements in the vicinity. The design of this proposal reduces the visual impact of the new site by using stealth antenna/pole designs and by matching the design features of other structures on the property. The Federal Communications Commission regulates the radio frequency emissions of the antennas and the facility will comply with those standards. Finally, the facility is conditioned to operate quietly and normally and does not emit fumes, smoke, dust, or objectionable odors. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Granting of this conditional use permit is conditioned to require the permittee and property owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for such use, including the City's Wireless Ordinance. That the Ordinance generally allows wireless facilities in all zoning districts with a conditional use permit. The proposed use will be built in such a way that complies with the Wireless Ordinance's development criteria and all other City zoning and building regulations. Furthermore, the conditions of this permit are approximately in proportion to the nature and extent of the impact created by the project in that the conditions imposed are directly related to, and of a nature and scope related to the size and impact of the project. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The granting of this conditional use permit will not adversely affect the Chula Vista General Plan in that said Project is a passive use and, therefore will not adversely affect the policy and goals of the General Plan. The proposed use will be built in a location with minimal impact on the existing land use, and relatively no visual impact to the area due to the stealth design of the monopine and its inclusion among the existing vegetation. Monthly maintenance visits that the project may generate will not result in the intensification of the use of the site and is an insignificant increase in the traffic for the neighborhood. BE IT FUTHER RESOLVED THAT the Planning Commission of the City of Chula Vista hereby grants Conditional Use Permit PCC-04-080 subject to the following conditions, whereby the applicant andJproperty owner;-prior to issuance of building permits shall: I. Prior to Issuance of any Building Permits: J:\Planning.Case File~-05 (FY 04-05)\PCQPublic HearingJ'CC-04-080\Resolution9.PC Reso PCC-04-080.doc Page 2 A. Submit plans for a permit to install a back-up generator for emergency power. The generator specifications and location shall be reviewed and approved by the Fire Marshall. B. The project shall comply with the following codes: 200 I California Building Code; 200 I California Electrical Code; and provide a one-hour rated wall for the equipment shelter. The project shall meet Seismic zone 4; wind speed 70 mph exposure C requirements. Also submit a soils report and structural calculations. C. A graffiti resistant treatment shall be specified for the equipment shelter surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Director of Planning and Building prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti control. II. Prior to Final Inspections: A. A final inspection of the facility shall be conducted by the Department of Planning and Building to ensure that all conditions of approval have been met and all necessary permits have been obtained. Electrical power to the facility shall not be enabled prior to issuance of a final occupancy permit, unless such power is needed to test the facility's operation during construction and installation. If enabled for testing purposes, electrical power shall be disabled once testing is complete. B. Construct and maintain the project as shown on the plans dated October 26,2004. C. Any modifications or restoration of existing landscaping and irrigation shall be in place prior to the final inspection and issuance of the certificate of occupancy. D. Provide a minimum of one 2A I OBC fire extinguisher on the equipment shelter. E. Electrical service connections and the locations of related components such as meters and transformers shall be coordinated with the sites electrical utility provider and a City ofChula Vista Electrician prior to issuance of building permit. Disruption of existing site improvements and facilities, including site landscaping improvements, resulting from the installation of said electrical services shall be replaced/repaired in kind subject to the appropriate City approval(s). F. Implement Best Management Practices (BMPs) to the satisfaction of the City Engineer to prevent pollution of storm drainage systems during and after construction. III. Continuous Conditions: A. Comply with all conditions set forth in PCC-00-27, PCC-00-47 & PCC-00-53. B. Remain in compliance With ANSI standards for EMF emissions. Within six (6) months of the Building Division final inspection of the project, the Applicant shall submit a project implementation report to the Director of Planning and Building which provides cumulative field J:\Planning.Case Files--05 (FY 04-05)\PCC\Public Hearing.PCC-04-080\Resolution9J'C Reso PCC-04-080.doc Page 3 measurements of radio frequency (EMF) power densities of all antennas installed at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal report and the accepted ANSI standards. If on review the City in its discretion finds that the Project does not meet ANSI standards, the City may revoke or modify this conditional use permit. C. Agree to cooperate with other telecommunication companies in co-locating additional antennas on subject property ,provided said co-Iocaters have received a conditional use permit for such use at said site from the City. The Applicant shall exercise good faith in co-locating with other communications companies and sharing the subject property, provided such shared use does not give rise to a substantial technical level or quality of service impairment Qf the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether the Applicant has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the Applicant and the potential user. D. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts, including local radio frequencies used by local school districts and water districts. If on review the City, in its discretion, finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. E. Comply with the City's Municipal Code noise standards, including those found in Chapter 19.89. Within three (3) months of the Building Division's final inspection, the applicant shall submit a report to the Director of Planning and Building that provides cumulative field measurements of facility noises. The report shall quantify the levels and compare the results with current standards specified in the Municipal Code. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal dated October 26, 2004, and Municipal Code noise standards. If on review the City finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. F. Allow the site to be inspected six months subsequent to the issuance of building permits to check conformance with project plans and conditions of approval. G. This conditional use permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. H. This permit shall expire five (5) years after the date of its approval by the Planning Commission. After this period, the Zbrnng Administrator shall review this conditional use permit for compliance with the conditions of approval, and shall determine, in consultation with the applicant, whether the project shall be modified from its original approval and given an extension for an additional fiven J:\Planning,Case FileSl-05 (FY 04-05)\PCCiPublic HearingJ'CC-04-080\ResolutionSPC Reso PCC-04-080.doc Page 4 V. 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 all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions ofthis permit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 16th day of March 2005, by the following vote, to-wit: AYES: Cortes, Felber, Horn, Hall NOES: ABSENT: Madrid, O'Neill ABSTAIN: ~ Marco Polo Cortes, Chair ATTEST: ~u~~ Diana Vargas, Se etary J:\Plannin~Case File~-05 (FY 04-05)\PCC\Public Hearing.PCC-04-080\ResolutionSPC Reso PCC-04-080.doc Page 6 .. ~I : 1 ; ~ a ; I · V ~ i ~ I ~ 71'-0-"" 1.0. (f) WDNOPIN!: 7r1' -rt';1 1.0, (Q SPRINT AIOENNIIS 51'-0":1: T.o. V[HZON /\lIT[ NNAS R 'in III..... ~; ..., ;II ~ Q:.; ~,.. 311E:t f;t~ ~q ........~ ~; ~~ ~~~ PI::6 OIiP! iI c ~ ~ iill!! "'s'" ~!iI""D Ii iIi z 6~ ~ GlI'j a !II 1"'1 P1 n -gg ~ III K"" .... Ih ilpl N g'-D" I 1.0. FENCE 10'-J" iag oa~ ,,~ . !i!!...1 P1 ~ It- ~ i~!1 ~S~III I~~~ i~~J . ill a; E ~ i SHELTER ._-_._._--'.._".~'--"'''--'''--'---- ~~ ~3~ ....~ I~ ... !J! 1 '111"-0";1 APPltcoc. HElCHT or LOWER BRANCHES "!:i'-O" !WI_ 1::_0_ IN) NDrn1 ANTI:NIMS ... ""-0"* T.o. CINGULAR ~ 7z"-o"-J:. T.D. (~ IDD"IN! ~i D~ J.... ij~ ~ ; ~i '" ~ ; . . ~. . ~ a fT1 ~ I ~ Je~-t fT1~~ S ~ t!~ ~--i .. ~ :'Il~ ~ : Ii Ii Ii Ii ;; ~ t;i!a ~.. ~a ~a ..! ~ I iil aiilaiil it I B Is J!1, ,!! I~ 1Ii~ ~:I"" ..~ I~~ ii ,... .... : i! .. ~ ~ I .. z ~ l III 1 ~ i1; 01 la ;~ fi i ~ ".or I: II E I ~I PI u,' -0-* T.O. MIINDPlNf T.O. 811"-0":1: ClNGULAR t.Nn:NNt.I [PI 0.... ~~ ...' ~;;a ~i ~a ....'" ~I r;) E fi ~ ~~6 '0 . i~ ;~ ~~III Jz' .... ~~ ~ g ;;1 E~!a ~...CI!. 0....1 z...~~ ~I!}SI i~-iIi I M..- Jill B :M.....(f'~ ToO. (Q II[ItIZtJol AIOEIINIIo5 10'-0"';1; 1.0. (Q SPRINT' AlOE IINIIIS "77'-11"* T.o. IoIONDPINE :x:- -i -i :x:- C) :::r:: 3: IT1 Z -i N .... ()C1I ~~~ zs;:", g<-tnd m_z~~ 8~;g;:, arr....... 2~~~~ ~!:::;! . ,'"'f1'i :::'3J -0 131 ; ~ Z ......, ~. ~ g i I Bli~~:i "i)J\'J) ~ I ~ I.~ ~~~. If :; J.. oO~ go ~ ~ t:i .... II ji' ~::~ if i!:1 ~ . -- 8 J 1;11 !!:: II iiI ~ ~ I I """-rf't:. T.o. IE) MONOPINE 7II"-1I"t:. 1,0. E) SPRINT ANlENNAS $'-{f't:. T.O. (t) \/[AllIIN AmNNAS ~ ~ ri ~ p~ III I - ~ "'. ~ ICI .. ; I ~ ~, n B C ~ J i i~ M lJ · ~Jp 4.,i-1 , ~ ;];; a [ill -. - ~ a3 Z "-(I" T.D. fENCE ~ ~ .~ lit ',I. n'" I If ~; ~~ iiI~ ~z a~ fiii I;J~ ~a in iD :>>- as l:::f ~i6 ~ ~i~ ~i 1:50 ",."iiI! J;i1J...... BI..~ ~ Ii ~~ ~~~ iE~N iiir~ ~ ~J ~~ I~ ,. ~ ~~ ~J!I 01 ! r - ! i .. ~ Ei! - ~ ; !i - . 72'-0";1; T.O. ([) WDNOPlNE tiCl'-o";I; T.O. ([) ClNCUIM ANlDIIIAS ~'-~ ~ 1IItD. c..o. N NEXTEL ANT1:NN'III I: g~ "!. ~z ~8 ...f!I 1..:: ...~;~ a"'''' ... ~ [!-~6 fi:l i . ~~. i ~"'E~ !la-I! !~Ji 3 ~ ... "' ~ I: :z "' 5 e~8 sl'll'" I~ lr.~ !8 ii i Si~g n.....z ~~IiI~ i8j~ lis; ~8.l!IiIi 1"'"i:!J~r t.iI ~ ~r I it' ;:!Z~ Ai~ 111"-3" T.O. EQUIPMENT SHELTEIt 4D" -D";1 N'F'1t1lX. HEIGHT IF LBtER IIftANQi~ '"'. -D" IWJ. CoO. NEXIU MTINNI'O .e $O'-D"'" T4 (f:) CINGULAII ANTENW ~-rt':}; ~~~ '[a~ ~~ ~""I_ llli1 ~( 1:9 ~3 CI' ~.!!j!~ ~I .-, ~."! g ""!fl "' - ~~ I 1mB 21~ ij:l! i.... ~~ I' i~ - ~ ~i ~r ..~ ! ~;;; ;I; ~";;:; .!!IE F- !!!!~..... ~ ~! ~I~ I~ ~III li:I~ 1ft" 2'~ 1;;"'5 ili15 iz i~ rAil ~~ .. a~ '" E"V!; ~~ fjj . ~5 j!"I lib, a.. -i II: ~ i I !If ... ! ~ (/I fi z ~ II: c:J <:: ~ I: f III '" c:J ZI:...._D 1;1 CTI ..~ ~ ~ I ! s s t If N ~~r;;~li';~ ~ ~. II:- 1111 .1111 .If " I I ~ IJ) ~I ~I ~I al: B jI'it ~ ~ (11 ~ ii Ii Ii i i ; M f 58'-0.;;1; T.O, (Q VERImII >>IT~ 10'-0.;1 T.D. [[I !!.PRIIIT MoII1:N~ 1J'-D"t:. T.O. (() WDNDPINC )::> -i -i )::> n :I: 3: ITl :z -i N '" nCTI ~t~ ZS;:oo 9<-100 mCi.iz'I>~ 8:;:!;g~> ()rM;.......I ~~~~1T1 ~ ~~ . -<\DrTi ::~ ... ~ ;1 ~ z ~I'I~ bJi I BlI~~:I .. j-ad3il.1 ~ ;!;f~~ 8- f ~~~~ i p' ~. :r i ~ , -- 8 t I iql I s:: ~ PLANNING COMMISSION AGENDA STATEMENT Item: -3 Meeting Date: 03/16/05 ITEM TITLE: Public Hearing: PCS 05-09A; Consideration of a Revised Tentative Subdivision Map for a portion ofOtay Ranch Village Seven Sectional Planning Area Plan located at the southeast corner of Birch Road and La Media Road. - Otay Project LP Otay Project LP has made an application to revise this previously approved tentative subdivision map comprising 105 acres of Village Seven of Otay Ranch. The original map was concurrently processed along with the Village Seven Sectional Planning Area (SPA) plan, and for FEIR 04-05. The proposed revisions involve minor corrections to the original tentative map for on and off-site grading, trails and sidewalks. ENVIRONMENT AL REVIEW: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that only minor technical changes or additions to the Final Environmental Impact Report for the Village Seven Sectional Planning Area Plan and Tentative Maps (FEIR-04-06) are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to FEIR-04-06 for this project pursuant to CEQA Guidelines. RECOMMENDA TION: That the Planning Commission adopt attached Resolution No. PCS-05-09A recommending that the City Council approve the Revised Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION: None. BACKGROUND On September 22, 2004, the Planning Commission reviewed and recommended approval of the tentative map (PCS-05-09) by the City Council. The City Council subsequently reviewed and approved the tentative map on October 12,2004. General Plan, Zoning and Land Use Criteria The General Plan and Otay Ranch General Development Plan describe Village Seven as a typical multi-density residential village including mixed-uses, and the zoning is Planned Community (PC). Item: Meeting Date: 03/16/05 Page 2 Location The developable land area comprises the northwestern quarter of Village Seven, together with land extending along La Media Road and wrapping around the 50-acre VORTAC parcel (the VORTAC parcel is owned by the FAA for purposes of providing aviation guidance for flights arriving at Lindbergh Field). The entire area is generally bounded by Birch Road to the north, Magdalena A venue to the east, Santa Luna Street to the south, and La Media Road to the west. In addition, a grading balance site is included and located within Otay Ranch Village Four. DISCUSSION: Description of the Proposed Revised Tentative Map Request: 1. Revise the La Media Road cross-section by adding a 5-ft. sidewalk on the east side of La Media Road, connecting to the Birch Road sidewalk and continuing south to the southerly tentative map property boundary (adjacent to the Otay Land Company property) 2. Provide a 10-ft. wide meandering regional trail adjacent to the 5-ft. sidewalk on the east of La Media Road, connecting the Wolf Canyon regional trail to Santa Luna Street to the south (west of the VORTAC Site); 3. Provide a 10- ft. wide regional trail on the north side of Santa Luna Street, connecting La Media Road to Magdalena Avenue (south of the VORTAC Site); 4. Modify the grading within and adjacent to the north, west and south periphery of the VORT AC (with the permission of the FAA), and modify the limits of grading to accommodate construction ofthe La Media Road improvements and to avoid impacts to sensitive species within the Village F our/Community Park grading balance site. Otay Project LP has applied for approval of a tentative map amendment that would address some necessary minor technical changes to the approved tentative subdivision map subdividing approximately lOS-acres comprising the western portion of Village Seven in the Otay Ranch. Including the area of the balance site (Otay Ranch Village Four Community Park), the total area of coverage is approximately 175-acres including the on and off-site grading. The proposed tentative map amendment would address elements that were inadvertently omitted from the original tentative map that was officially approved, such as the La Media sidewalk and the two regional trails as noted in the approved Village Seven SPA Plan, as well as changes to the grading footprint in and around the VORT AC site. According to the revised tentative map, approximately 11.2-acres will be graded within and adjacent to the north, west and south periphery of the VORTAC (with the permission of the FAA). Item: Meeting Date: 03/16/05 Page 3 The original tentative map proposed dividing Otay Project's portion of Village Seven into three single- family neighborhoods comprising 375 lots on approximately 51-acres, a Community Purpose Facility site of 0.8 acres, public rights-of-way and both natural and altered open space. Of note, Otay Project LP requested a substantial conformance approval on December 23,2004 that allowed for a slight increase to the overall lot sizes which reduced the total number oflots by 15, so now there are a total of 360 lots over the same 51 acres. ANALYSIS: The proposed revisions to the tentative map are consistent with the approved Village Seven SPA Plan and Otay Ranch General Development Plan. The inclusion of the La Media sidewalk and the inclusion of the two regional trails are corrections that provide consistency with the approved Village Seven SPA Plan. Of note, the Revised Tentative Map does not affect the residential neighborhood where concerns regarding vehicular access, narrower streets and multiple points of access were previously addressed; therefore the minor lot size and lot number changes that were approved by the substantial conformity request will be shown on subsequent final maps and are not being reflected in this revised tentative map. The proposed amendment provides for additional grading that would alter an additional 11.2 acres within and adjacent to the north, west and south periphery of the VORT AC (with the permission of the FAA). The proposed grading within and adjacent to the VORT AC site will improve the viability of the meandering regional trail connecting Wolf Canyon to Santa Luna Street as well as the regional trail located on the north side of Santa Luna Street from La Media Road to Magdalena Avenue. As shown in the tentative map plan and section views, the proposed grading contours, brow ditches, slopes, and percentage grade on the trails are being improved to accommodate use of the regional trails. In addition, conditions of approval have been provided by the General Services Department's Engineering Division and Landscape Architecture Section to ensure that the revised tentative map amendments will be in full compliance with the Village Seven SPA Plan as well as applicable City codes and standards. CONCLUSION: Staff has determined that the proposed revised tentative map merits the approval of the Planning Commission. Staff has drafted a resolution providing an affirmative basis of findings as required by the Municipal Code and the Subdivision Map Act. The resolution has as attachment with the original and supplemental conditions of approval designed to clarify necessary performance in carrying out the tentative subdivision map and improvements, to further assure initial and long-term conformance of the subdivision with these standards. Item: Meeting Date: 03/16/05 Page 4 A TT ACHMENTS: 1. Locator Map 2. FEIR-04-06 Addendum 3. Planning Commission Resolution (PCS-05-09A) 4. Application with Disclosure Statement 5. Draft City Council Resolution No.2005- A. Tentative Subdivision Map (Reduced Size) B. Conditions of Approval (Original and Revised Map Conditions) J :\PLANNING\HAROLDJ>CS-05-09 A-PCREPORT.DOC SECOND ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SEVEN SECTIONAL PLANNING AREA PLAN AND TENT ATIVE MAPS (EIR 04-06) PROJECT NAME: Otay Ranch LP Amended Tentative Map for Village Seven PROJECT LOCATION: South of Birch Road, east of future La Media Road, and west of future Magdalena Road PROJECT APPLICANT: Otay Project, L.P., A California Limited Liability Corporation CASE NO: IS-05-014 DATE: March 10, 2005 I. BACKGROUND A Final Environmental Impact Report (EIR) for the Village Seven Sectional Planning Area (SP A) Plan and Tentative Maps (TM) and Mitigation Monitoring and Reporting Program (MMRP) were certified on October 12,2004 (FEIR 04-06) by Resolution No. 04-06. FEIR 04- 06 addressed TMs for both ownerships within the Village Seven SPA area, namely McMillin Otay Ranch, LLC and Otay Project LP. Both TMs were also approved on October 12, 2004. II. THE PROPOSED PROJECT Otay Project LP proposes to amend CV Tract No. 05-09. The revised Otay Project LP TM reflects the following changes: . Revised La Media Road section to add a 5-foot sidewalk on the east side of La Media from Birch Road to the southern property line and providing area for a 10- foot wide regional trail south of Wolf Canyon connecting to Santa Luna. . Revised Santa Luna section to add a 10- foot trail on the north side between Magdalena Avenue and La Media Road; . Revised limits of grading to resolve geotechnical issues associated with the grading and construction of La Media Road, provide a 20-foot grading offset along with western edge of the TM boundary and avoid sensitive habitat on the northwestern edge of the Village Four balance site. No other changes are being proposed to the site plan or development potential of the site. The proposed Otay Project LP TM amendment involves a change in the grading footprint from the footprint addressed in FEIR 04-06. The amended TM would result in the additional grading of 11.2 acres within Village Seven that were not previously considered in FEIR 04-06. The additional grading would occur within and adjacent to the north, west and south periphery of the VORTAC. The additional grading is shown in Exhibit 1. fIR 04-06 Second Addendum 03/11105 III. CEQA REQUIREMENTS Sections 15162 through 15164 of the State CEQA Guidelines discuss a lead agency's responsibilities in handling new infonnation that was not included in a project's environmental document. Section 15162 of the State CEQA Guidelines provides: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency detennines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration 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 of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New infonnation of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. EIR 04-06 Second Addendum 2 03/11/0S Section 15164 of the State CEQA Guidelines provides: (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 15162 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 shall 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 15162 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 to FEIR 04-06 has been prepared in accordance with the requirements of the City of Chula Vista Environmental Review Procedures and Sections 15162 and 15164 of the State CEQA Guidelines. As discussed in Section IV below, the proposed project would not result in new significant impacts or an increase in severity of the impacts disclosed in FEIR 04- 06. The proposed project is consistent with the land use and intensity of development assumed for the site in FEIR 04-06. No new information of substantial importance has been identified that was not known and could not have been known at the time the FEIR was prepared. Further, the proposed project does not change the analysis and conclusions in the FEIR. The mitigation measures identified in FEIR 04-06 would be equally applicable to the proposed project. IV. SCOPE OF ANALYSIS The proposed amended Otay Project LP TM would not change the approved land use designations or intensity of development for the site. Neither the location of the residential development nor the location of roads would be changed. Thus, impacts discussed in FEIR 04- 06 related to land use and land use intensity, such as land use compatibility, traffic, circulation and access, noise, utilities and public services and population and housing would be unchanged. The analysis contained in the FEIR 04-06 and mitigation measures required by the MMRP relative to these issues are unchanged and are hereby incorporated by reference. No further environmental analysis is necessary for these issues. The proposed increase in grading would result in construction-related impacts to air quality and water quality and drainage impacts similar to the approved Otay Project LP TM. The analysis contained in FEIR 04-06 and mitigation measures required by the MMRP relative to these issues are unchanged and are hereby incorporated by reference. No further environmental analysis is necessary for these issues. EIR 04-06 Second Addendum 3 03111/05 The proposed amended Otay Project LP TM provides area for a trail along the south side of Wolf Canyon that would extend to and along Santa Luna Street to Magdalena Avenue. The trail is included in the approved Village Seven SPA and was addressed in FEIR 04-06. The analysis contained in FEIR 04-06 and mitigation measures required by the MMRP relative to recreation are unchanged and are hereby incorporated by reference. No further environmental analysis is necessary. Based on the foregoing, the scope of the analysis contained herein focuses on the change to physical features of the new area to be graded, namely agricultural resources, landfonn, geology and soils, cultural and paleontological resources, and biological resources. Agricultural Resources FEIR 04-06 addressed the impact of the approved Otay Project LP TM on agricultural resources, and it concluded that the development of the Otay Project LP TM would result in the conversion of 108.3 acres within the Village Seven SPA plan area as well as 44.4 acres of the borrow site of Fannland of Local Importance and Grazing land to urban uses. Short-tenn impacts between ongoing agricultural uses and urban uses were mitigated with Mitigation Measure 4.2-1. The long-tenn loss of important Fannland to urban uses was detennined to be significant and unmitigable, and Findings and a Statement of Overriding Considerations were adopted. The proposed amended Otay Project LP TM would impact an additional 3.8 acres of agricultural land that is considered Fannland of Local Importance. As stated previously, the impact to agricultural resources was already identified as significant and unmitigable. The analysis of agricultural resources contained in the FEIR 04-06, the MMRP, the Findings and Statement of Overriding Considerations are hereby incorporated by reference. Implementation of Mitigation Measure 4.2-1 from the Village Seven FEIR and MMRP would still be required. However, the impact would remain significant and unmitigable. Landfonn/ Aesthetics FEIR 04-06 addressed the impact of the approved Otay Project LP TM on landfonn alteration and aesthetics. The FEIR concluded that the proposed Village Seven SPA Plan and TMs would pennanently alter the visual character of the site and landfonn. These impacts were considered significant and unmitigable, and Findings and a Statement of Overriding Considerations were adopted. The proposed new grading would not impact additional steep slopes (slopes over 25%) over that which was considered in the FEIR. The proposed additional grading would not impact scenic vistas or scenic resources. The additional grading would not have an impact on nighttime lighting as no development is proposed in these areas. The grading would pennanently alter an additional 11.2 acres. The impact to visual character and landfonn was already identified as significant and unmitigable. The analysis of landfonn alteration/aesthetics contained in FEIR, the MMRP, the Findings and Statement of Overriding Considerations are hereby incorporated by reference. Implementation of Mitigation Measures 4.6-1 and 4.6-2 and 4.6-4 from FEIR 04-06 and MMRP would still be required. However, the impact would remain significant and unmitigable. [:IR 04-06 Second Addendum 4 03/1 1/05 Geology and Soils FEIR 04-06 addressed the impact of the approved Otay Project LP TM on the issue of geology and soils. The analysis of the Otay Project LP TM was based upon the geology report "Otay Ranch Village 7, R-2 and Village 4 Community Park" prepared by GEOCON, Inc. and dated May 5, 2004. The FEIR concluded that unstable geologic and soil conditions occur within the TM area, and remedial grading would be required. FEIR 04-06 Mitigation Measure 4.8-2 requires that prior to issuance of the grading pennit, the applicable recommendations in the aforementioned geotechnical report be included in the project design and construction documents to the satisfaction of the City Engineer. GEOCON, Inc. has reviewed the amended TM and has verified that the project design and construction documents have incorporated the recommendations of the referenced geotechnical investigation. The proposed amended TM would result in the same impact as identified in FEIR 04-06, and implementation of Mitigation Measures 4.8-2 would still be required. Implementation of Mitigation Measure 04-06 would reduce the impact related to geology and soils to below a level of significance. Biological Resources FEIR 04-06 addressed the impact of the approved Otay Project LP TM on biological resources. The biological analysis concluded that implementation of the TM would impact sensitive vegetation communities and has the potential to impact sensitive wildlife species through the loss of foraging habitat. All impacts to biological resources were mitigated to below significance with the exception of the loss of non-native grassland, which provides foraging habitat for raptors. This impact was detennined to be significant and unmitigable, and Findings and a Statement of Overriding Considerations were adopted. The proposed amended TM would impact an additional 3.8 acres of agricultural land, 0.1 acre of disturbed habitat, and 7.3 acres annual non-native grassland. These three habitats were found within the approved TM and are discussed in FEIR 04-06. As defined in FEIR 04-06, agricultural lands are areas that have been under cultivation or are pastures actively grazed by livestock and contain less than 20 percent native plant coverage. Disturbed habitat has been subject to mechanical disturbance, greatly limiting the growth of vegetation. Disturbed habitat occurs along dirt access roads or graded areas that lack vegetation. Non-native grassland is characterized as a sparse to dense coverage of non-native grasses, which are sometime associated with species of native annual forbs. It occurs where native vegetation has been frequently disturbed so that the native community is incapable of recovering. FEIR 04-06 concluded that the loss of disturbed habitat and agricultural land is not significant from a biological standpoint (see discussion of loss of agricultural land above). Thus, the additional loss of these habitats resulting from the proposed TM amendment would not be significant. However, consistent with FEIR 04-06, the loss of the additional 7.3 acres of non- native grassland is considered significant and unmitigable. Implementation of Mitigation EIR 04-06 Second Addendum 5 03/11/05 Measures 4.11-1, 4.11-2, 4.11-4, 4.11-5, and 4.11-6 from the Village Seven FEIR and MMRP would still be required. However, the impact to foraging habitat would remain significant and unmitigable. Cultural and Paleontological Resources Cultural and paleontological resources were addressed in the Village Seven EIR. The EIR concluded that implementation of the Village Seven SPA and TMs could result in potentially significant impacts to unknown, subsurface cultural resources. Implementation of Mitigation Measure 4.9-1 would reduce this impact to below significance. Mitigation Measure 4.9-1 requires 1) onsite monitoring of cultural resources during grading, 2) a determination of significance if resources are found, 3) identification of suitable mitigation measures should significant resources be found, and 4) curation of collected resources. Brian F. Smith and Associates conducted the cultural resources survey of the Otay Project LP ownership in December 2003 and February 2004. The results of their survey are included in the Village Seven EIR. On August 19,2004 a field survey was conducted of the area proposed for additional grading in the amended TM. One previously recorded site, Site-12,565 was reported as being located within the boundaries of the VORTAC parcel. This site was identified and described in the Village Seven EIR as a low- density lithic scatter of flaked stone artifacts. The site was evaluated for importance or significance under CEQA and determined to be not significant. The site was originally recorded in 1992, but the survey conducted in August 2004 did not locate Site SDI -12,565 again. This could have been because of poor visibility due to dense grasses. Although SDI-12,565 was not re-Iocated and has been impacted by the construction of the VORTAC facility and associated access roads, resources that were recorded in 1992 could be masked or buried beneath fill dirt or matted vegetation. Monitoring for cultural resources during grading as required by Mitigation Measure 4.9-1 from the Village Seven EIR and MMRP would still be required. The Village Seven EIR also analyzed the potential for impacts to paleontological resources. The FEIR concluded that grading activities associated with the development of the Village Seven SP A and TMs would affect portions of the Otay Formation, which is considered to have high paleontological resource sensitivity. The potential impact to paleontological resources was determined to be significant but mitigable with implementation of Mitigation Measures 4.10-1 through 4.10-4. These measures require: 1) identification of a qualified paleontologist to monitor grading activities during the original cutting of the Otay Formation, 2) recovery of paleontological material if found, and 3) deposition of recovered resources and field notes and photos into a scientific institution with paleontological collections and preparation of a summary report. Similar to the analysis presented in the FEIR, the new grading associated with the amended TM would result in potential impacts to unidentified paleontological resources within the Otay Formation. With implementation of Mitigation Measures 4.10-1 through 4.10-4 from the Village Seven EIR and MMRP the impact would be mitigated to below significance. EIR 04-06 Second Addendum 6 03/] 1/05 Si2.nificance of Impacts The proposed amended TM would not result in new impacts that were not previously identified. No new mitigation measures are required. Impacts to landform alteration, agricultural resources and biological resources (loss of foraging habitat) would remain significant and unmitigable as analyzed in the Village Seven FEIR, Findings and Statement of Overriding Considerations. Impacts to geology and soils, cultural resources, and paleontological resources would be significant and mitigable with mitigation measures included in the Village Seven FEIR and MMRP. IV. CONCLUSION Pursuant to Section 15164 of the State CEQA Guidelines, and based upon the substantial evidence in the record supporting the above discussion, I hereby find that the proposed amendment to the Otay Project LP TM will result in only minor technical changes or additions which are necessary to make the Village Seven FEIR (EIR No. 04-06) adequate under CEQA. J;~/6?~~, Marilyn R. F. Ponseggi Environmental Review Coordinator References: . City of Chula Vista Environmental Review Procedures . Final EIR for the Village Seven SPA and TMs dated October 12,2004 (EIR 04-06) . Letter from Brian F. Smith & Associates, "Supplemental Information for the Otay Ranch Village Seven Cultural Resources Evaluation Report submitted February 2004", dated February 2,2005. . Letter from Dudek & Associates, Inc., "New Impact Areas for Otay Ranch Village Seven, City of Chula Vista, San Diego County, California", dated January 31, 2005 . Letter from GEOCON, Inc. "Otay Ranch Village 7, R-2, Review of Mitigation Measures, dated January 31, 2005. . Letter from Hunsaker & Associates, "Revised TM 05-09A Slope Analysis", dated January 26,2005 EIR 04-06 Second Addendum 7 0311 1/05 C) I: :0 1\1 .. C> iU ~ g > :c 8 -0 'U <{ C _ · 0 "i! 1\1 · "0 ..! ~ = ~ <{ ~;; ~-o g = !:J: :: i 0 ~ 'I 8- -;ii~-eo ~~~~o: ~~~;I o ~ ~ Q [E] -." II: : 8 ::J ~ U.i~ ~ ~ ~ :If ,...., C) ~ ~ C o ca __ ~ S 1J o~ ~ E @-" U,I\ ~ c'-' .. '" c: a::_ j! >- CO w ~ C ~ (:) 0 ::J :t:i o __ en t? z is i'2 t? 1J 1J <( 1J Q) tI) o C- O L- a.. RESOLUTION NO. PCS-05-09A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A REVISED TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OT A Y RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN- OTAY PROJECT L.P., CHULA VISTA TRACT 05-09A. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution and described on Chula Vista Tract 05-09A, and is commonly known as "Otay Ranch Village Seven Revised Tentative Map", ("Property"); and, WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Otay Ranch Village Seven Revised Tentative Map, Chula Vista Tract 05-09A", ("Project"), was filed with the City of Chula Vista Planning and Building Department on February 9,2005 by Otay Project L.P., ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of approximately 105 acres of land located east of La Media Road and south of Birch Road within Otay Ranch Village Seven SPA into 360 Residential lots; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FElR 90-01"); and, WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and determined that the Project would require an Addendum to the Final Environmental Impact Report for Village Seven Sectional Planning Area (SPA) Plan and Tentative Maps (Final EIR 04-06) that was approved October 12,2004; and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village Seven Revised Tentative Map, Chula Vista Tract 05-09A, (PCS-05-09A) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on March 16, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said heat"ing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of "Otay Ranch Village Seven Revised Tentative Map, Chula Vista Tract 05-09A", (PCS-05-09A) is consistent Planning Commission Resolution PCS 05-09A Page 2 with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch Planning Area 7 SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOL VED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving "Otay Ranch Village Seven Revised Tentative Map, Chula Vista Tract 05-09A", (PCS-05-09A) in accordance with the findings contained in the attached City Council Resolution. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 16th day of March, 2005 by the following vote, to-wit: AYES: Cortes, Felber, Horn, Hall NOES: ABSENT: Madrid, O'Neill ABSTENTIONS: ~ t . i /) /. i i (.. ~ Marco 010 ~~rtes, Chair ATTEST: -=:........--- '" '----e'""- '\.. \.../ 'l ci Diana Vargas, Secretar J :\PLANNING\HAROLD\RESOLUTIONS\PCS-05-09REVISEDTM-PCRESO. DOC FEB. 1. 2005 9: 07AM ~~~ ~~- ~~ CIlY Of CHUIA VISTA NO. 738 P. 2 Planning & Building Departme"t Planning Divi~ion I Development Processing APPLICATION · DEVElOPMENT PROCESSING . TYPE B Part 1 T of Review Re csted o General Plan Amendment o General Development Plan DNew (or) DAmendment o SPA/Speclnc Plan 0 New (or) DAmendment ~ Zone Change uJ...o Tentative Subdivision Map Amtr0 wlm Annexation o Other: A lication Information Applicant Name: OTA):" PROJECT, LP o Applicant Address: Ei10 West Ash, Suite 1500 San Diego r CA 92101 Contact: Rani~ Hunt:e~ Phot')e: /619\ ~~d-0405n I\!xt. '07 Applicant'! InLerest in Property (If applicant is not the owner. the owner'! authorization signature at the t!nd of this form is required to process this requesL) !J Own 0 lease 0 In escrow 0 Option 10 purchase Engineer/Agenl: Hunsaker & Associates Address: 10179 Huennekens, St. 200, SD, CA 92121 Contact: Lex Williman Phone: (8581 55A-450Q Primary CDn~ct is: GI Applicant 0 Agent DEmail address or primary contact: RHunt~dotayranch. Qorn General Project Description lall types! Project Name: Otay Ranch Village 7 General Description of Proposed Project: Proposed Use: Residential ~iect Property Information lall types)_ location/Street Address: Village 7 Assessor'! Parcel ,:Ua:8~8:H and.. . Total Acreage: t 7lf8 * Redevelopment Area (Ir applicabJe): General prsl\ Designation: D . C. Zone Designation: SP4 Planned Community (If applicable); otay Ranch Current Land Use: Vacant WIthin MOl11.gomery Specific Plan? If] Yes 0 No General Plan Amendment PropOIiOO Land Use Designation: N/A JustificatIon for General Plan change: *Includes on-site and off-site grading 276 Fourth Avenue I Chula Vi~t!I I California I 91910 (619) 691-5101 I RrI 5.031 Pg 1/2 FEB. 1. 2005 9: 07AM ~~ft. ~ CITYOf' CHULA VISTA NO. 738 P. 3 APPLICATION · DEVELOPMENT PROCESSING . TYPE B Part 2 General Development prcn General Development Plan Name: Otay Ranch Proposed Land Uses I Telal Acres: CommerCial I Acres Parks / Acres Community Purpose I 0 . a Acres Public/Quasi / Acres Industrial/ Acres Schools I Acres Oirculstion / 14.7 Acres Open Space I 38.7 Acres R.esidentialJ Range: Single Family Detached I Single F;t1mily Ansched / Duplexes / Apartments / Condominiums / to 375 Units 51.0 Acres to Units Acres to Units Acres to Units Acres to Units Acres to Units Acres TOTALS I Annexation l'I..I Prezoning: LAFCO Reference #: Tentative Subdivision Map Subdivision Name; Otav Ra.nch Villa.qe 7 Minimum lot Size: 34XS5 Number of units: - CV Tract #: 05-09-A 375 Av~r.ag!! 101 sile: Zone Change o Re~onlng Proposed zoning: o Prezcning o Setback AuthorizatiDn print,"I'Pllcan,,,,,me: ~p~~ ApphcantSlgnature: ~_ __~ Dale: January 20, 2005 "';., owner """,.' , _ Own&r Signalure.:~ .. DGf8: Janua.ry .Proof of owntmlhlp may be required. I.etler of consent may be provided in lieu of signature. 20, 2005 276 Fourth Avenue I Chula Vista I Californfa I 91910 (619) 691.5101 ~.oal Pili/! FEB. 1. 2005 9:07AM ~~~ ..........- ~-T~ CITY Of CHUIA VISTA NO. 73 8 P. 4 Plann ng Be Building Department Planning Division I Development Proceuing APPLICATION APPENDIX A Project Description & Justification Project Name: v- OTAY RANCH VILLAGE 7 '!1M 05-09A Applicant Name: OTAY PROJECT LP Please fully describe the proposed project, any and all construGtlon that may be accomplished as a result of approval of this project, and the project's benefits to yourself, the property, fhe neighbothood, and the City of Chula vista. Include any details necessary to adequately explain the scope andlor operafion of the proposed project. You may include any background Information and supporting statements regarding the reasons far, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required Mflndlngs" as listed in the Application Procedural GuIde. The proposal includes amendments to TN 05-09 approved by the Chula Vista City Council on ootober 12, 2004. TheB~ amendments include: Revise La ~edia croSs-section adding a 5' eidewalk on the east side and add a 10' Regional Tr~il from Wolf Canyon to Santa Luna Streetr adding a 10' wide Reqional Trail to the north side of santa Luna: and modifyinq the limits of grading to acoomodate oonstruction of La Media Rd. improvements and to avoid impacts to sensitive species within the Village 4 grading balance site. 276 FOurth Avenue I Chula Vista I California I 91910 (619) 691.5101 FEB, 1. 2005 9: 08AM ~{~ -fj- ~~ CRY OF CHUIA VISfA NO. 738 P. 5 P I ann n g & Building Department Planning Division I Development Processing APPLICATION APPENCrx B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require dIscretionary action by the Council, Planning Commission and all other official bOdies of the City, a statement of disolosure of certain ownership or financial interests, payments. or campaign contributions for a City of Chula Vista election must be flied. The following Information must be disolosed: 1, List the names of all persons having a flnanciar interest In the property that is fhe subject of the application or the contract, e,g" owner, applicant, contractor. subcontractor, material supplier. Jim Baldwin Al Baldwin O'l'AY PROJECT LP 2. If any person'* identified pursuant to (1) above Is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. Al Baldwin Jim Ba.ldwin 3. If any person" identified pursuant to (1) above is ~ non-profit organization or trust, list the natnes of any person salVing as director of the non-profit organIzation or as trustee or beneficiary or trustor of the ttlISt. N/A 4. Please Identify every person, including any agents, employees, consultants, or Independent contractors you have assigned to represent you before the City in this matter. Al aaldwin Kim John Kilkenny Jim Baldwin Rob Cameron Kent Aden Ranie Hunter 5. Has any person" assooiated wIth this_ contract had_any financial dealings with an offlolal*"* of the City of Chula Vista aa it relates to thi/S oontraot within tM past 12 months, Yes_ No~ . If Yes, brieny describe the nature of the financial interest the offici a'"'' may have io this contract. 6. Have you made a contrlbuUon of mere than $250 within the past twelve (12) tnonths to a current member of the Chura Vista City Council? No":' Yes ~ If yes, which Council member? 276 Fourth Avenue I Chula Vlstll I California I 91910 (619) 691-5101 FEB. 1. 2005 9: 08AM ~~~ ~It'- ~~~ em OF CHUIA VISTA NO. 738 P. 6 Plann n g & 8uilding Department Planning Division I Development Processing APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an Item of equivalent value) to an official." of the City of Chula Vista in the past twelve (1~ months? (This includes being a source of Income, money to retire a legal debt, gift, loan, etc.) Yes_ No_ If Yes, Which official*'! and what was the nature of item provIded? Date: January 20, 2005 ~ Ranie Eunter type name of Contractor/Applloant Print or . Person is defined as: any individual, firm, co-partnership, joint venture, association, sooial club, fraternal organization. corporation, estate, trust, receIver. syndicate, any other county, olty, municipality, district. or other political subdivision, -or any other group ot combination acting as a unit, Official Includes, but is not lim~ed to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. ft* 276 FOlJrth Avenue J Chula Vista I California I 91910 (619) 691-5101 FEB. 1,2005 9:08AM ~{~ '/~; cnv OJ: CHULA VISTA NO, 738 p, 7 P I ann n g & BUilding Department Planning Division I Developmenl Processing Development Permit Processing Agreement APPLICATION APPENDIX C Pemlit Applicant: Applicant's Address: Type of Permit; Agreement Date: Deposit Amount: OrAY PROJECT LP 610 West Ash, Suite 1500, San Diego, CA 92121 Revised TM Januar~ 20, 2005 This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("CIty'") and the forenamed applicant for a development permit (IIApplicant"), effective as of the Agreement Date .set forth above, is made with reference to the following facts: . Whereas, Applicant has applied to the City for a permit of the type aforereferenoed ("Permln which the City has required to be obtained as a oondition to permittiM Applicant to develop a pamel of property; and, Whereas, the City will incur expenses In order to process said permit through the various departments and before the various boards and commissions of the City (~Processlng Services"); end, Whereas the purpose of this agreement Is to reimburse the City for an expenses It will incur In connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: , . Applicant's Duty to Pay, Applicant shall pay all of City's expenses Incurred In providing Processing Services related to Applicent's Permit, Including all of City's direct and overhead costs related thereto. This dllrty of Applicant shall be referred to herein 815 "Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial petformance of Applicant's Duty to Pay, Applicant shall deposit the atnount afcrereferenced ("Deposit"). 1.1.1. City shall charge its lawful e)(penses incurred in providing Processing Services against Applicant's Deposit If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall retum saId balance to Applicant without Interest thereon. If, during the processIng of Applicant's Permit, the amount of the Deposit becomes exhausted, or Is imminently likely to became exhausted In the opinIon of the e City, upon notice of same by City, Applicant shall forthwith proVide such additiol1al deposIt as City shaJl caloulate as reasonably necessary to continue Processing Services. The duty of Applicant to Initially deposit and to supplement s8id deposit 8S herein required shall be known as "Applicant's Deposit Duty". 2. City's Duty. City shall, UPOI1 the condftlon that Applicant Is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty, use good faith to provide processing services In relatIon to Applicant's Permit appliCldlon. 2.1. City shall have 110 liability hereunder to Applicant for the failure to process Applicanfs PermIt application, or for failure to process Applioanfs Permit withIn the time frame requested by Applicant or E!&lmated by City, 276 FQurth Avenue I Chula Vi5ta I Caljfornia I 91910 (619) 691-5101 FEB. 1.2005 9: 09AM ~f~ --..- ~~ COY OF CHULA VISTA NO. 738 P. 8 P I ann n g & Building Department Planning DivisIon I Development Processing Development Permit Processing Agreement - Page 2 2.2. By execution of this agreement Applicant shall haVe no right to the Permit for which Applicant has applied. City shall use its disoretion in valuating Applicant's Permit Application without regard to Applioant's protnise to pay for the Processing Services, or the execution of the Agreement, 3. Remedies. 3.1, SuspensIon of Prooossing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Pennit Which may be the subject matter of any other Permit whIch Applloant has before the City. 3.2. Civil Collection In addition to all other rights and remedIes which the City shall otherwise have at law Or equity, the City has. the right to collect all sums which are or may become due hereunder by civil action, and upon Instituting litigation to coiled sams, the prevailing party shall be en'b1led to raasonableattorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, dem~nds or requests provided for or pennitted to be given pursuant to this Agreement must be In writing. All notioes, dernands and requests to be sent to any party shall be deemed to have been properly given or served If pe/'5onally served or deposited in the United States mall, addressed to such party. postage prepaid, registered or certified, with return receipt reques.ted at the addresses Identified adjacent to the signatures of the parties represented. 4.2 Governing LawNenue. This Agreement shall be govemed by and construed In accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located In san Diego County, State of California, and if applicable, the City of Cnula Vista. or as close thereto as possible. Venue for this Agreement, and perfotmance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories, If there are multiple signatories to this agreement 'on behalf of Applicant, each of such signatories shall be joIntly and severally liable for tile performance of Applicant's duUes herein set forth. 4.4. SigMtory Authority. This signatory to this agreement hereby watrants and represents that he Is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of fhe Applicant. SignlJltory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorl~d to exeoute this Agreement by Applicant. 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees. from and against any claims, suits, actions or proceedings, judicial or admlnistl1ltlve, for writs, orders, injunction or other relief, darnages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions In processing or Issuing Applicant's Permit, or In exercising any discretion related thereto includIng but not limited to the gMng of proper environmental review. the holding of public hearings, the exten$lon of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or !!Iole willful conduct of the CIty, its officers, Or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability Incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shan, upon written request by the City, defend any 5uch suit or action brought agaInst the City, its officers, agents, or employees. Applloant's indemnification of City shall flot be limIted by any prior or subsequent declaration by the 276 Fourth Avel1ue I C!'\ula Vista I Califorr11a I 91910 (619) 691-5101 FEB. 1. 2005 9: 09AM ~{ft- .- !. ~ env OF CHUlA VISTA NO. 738 P. 9 Plann n g & Building Department Planning Division I Development Processing Development Permit Processing Agreement - Page 3 Applicant. At its sole discretion, the City may pattie/pate at its own expense in the defense of any such Bctlon, but such participation shall not relieve the applicant of any obligation Imposed by this condition. 4.6 AdmInistrative Claims Requirements and Prooeduras, No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented In writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista In accordance wnh the procedures set forth in Chapter 1.34 of the Chura Vista Municipal Code, as same may from time to time be amended. the provisions of which are incorporated by this reference as if fully set forth herein. and suc:h policies and prooedures used by the City in the Implementation of same. Upon request by City, Con6ultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now thereforel the parties hereto, havihg read and understood the terms atJd conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent theretc.. Dated: City of Chula Vista 276 Fourth Avenue Chula Vista, CA By: Dated: January 20, 2005 OTA! PROJECT, LP blU west AS~, Suite 1500 san D1ego, CA 92101 By: Vice President 276 Fourth Avenue , Chula Vista I California I 91910 (619) 691-5101 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN- OTAY PROJECT L.P., CHULA VISTA TRACT 05-09A. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 05-09A, and is commonly known as Otay Ranch Village Seven Tentative Map, ("Property"); and, WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09A", ("Project"), was filed with the City of Chula Vista Planning and Building Department on February 9, 2005 by Otay Project L.P., ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of approximately 105 acres of land located east of La Media and south of Birch Road within Otay Ranch Village Seven SPA into 360 residential lots; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and determined that the Project would require an Addendum to the Final Environmental Impact Report for Village Seven Sectional Planning Area (SPA) Plan and Tentative Maps (Final EIR 04-06) that was approved October 12,2004; and WHEREAS, the Planning Commission set the time and place for a hearing on said "Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09A", (PCS-05-09A) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on March 16, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and Resolution WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on proposed "Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09A", (PCS-05-09A) and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, detennine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on March 16, 2005, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record ofthe proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The environmental impacts associated with this Revised Tentative Subdivision Map for Village Seven have been analyzed in the Addendum to FEIR-04-06. "The City Council has considered FEIR 04-06 and its addendum, and finds that they have been prepared in accordance with the requirements of the California Environmental Quality Act [CEQA], Public Resources Code section 21000 et seq., the CEQA Guidelines, Cal. Code Regulations, Title 14, section 15000 et seq., and the Environmental Review Procedures of the City ofChula Vista. The City Council hereby adopts the addendum." III. ACTION The City Council hereby approves the resolution approving the Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09", (PCS-05-09) involving 105 acres ofland known as Otay Ranch Village Seven Tentative Map in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Village Seven SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. TENT A TIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05- 09A", (PCS-05-09A) as conditioned, attached as Exhibit "B" to this resolution, herein for Applicant, is in confonnance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Village Seven Sectional Planning Area (SP A) Plan, based on the following: 2 Resolution 3 1. Land Use The Project is in a planned area that provides urban village uses authorized by the Village Seven Sectional Planning Area (SPA) Plan. The Revised Tentative Map proposes a total of 360 residential dwelling units. A total of three single-family residential neighborhoods are proposed ranging from 7.2 to 17.9 dwelling unit per acre. Lot sizes average from 2720 square feet to 5841 square feet. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Village Seven SPA Plan. The Applicant shall construct those facilities in accordance with City and the Village Seven SPA Plan standards. The Village 7 Circulation Plan details the hierarchy of vehicular circulation for internal neighborhood residential streets, collector streets, village entries and prime arterials serving the Project. The Tentative Map provides multiple points of access to Magdalena. The Tentative Map boundaries are bounded by Magdalena on the east, Birch Road on the North and future extension of La Media Road on the west. Access to these arterials will be via Magdalena. A fourth point of entry will be via Magdalena to the south, which will provide access to the high school site and will eventually tie to Rock Mountain Road. Magdalena will serve as the primary backbone, bisecting Village 7 from north to south and crossing the greenbelt. 3. Housing The Project provides a mix of lot sizes for single family for persons of various income levels. Prior to recordation of any final subdivision map for the Project, the Developer will enter into an Affordable Housing Regulatory Agreement. The Agreement will set forth the method of detennination of the in-lieu contribution, schedule for payment, and the value of the total in-lieu contribution. 4. Parks, Recreation and Open Space In fulfillment of its obligation to provide 3.96 acres of parkland, the developer will provide land via an irrevocable offer of dedication, payment of in-lieu fees, or a combination thereof towards a Community Resolution 4 Park within the service area of Village 7. The developer will also provide development fees in accordance with CVMC 17.10. The Village Greenway, part of the Citywide greenbelt trail that is to provide for a connection from Otay Valley Regional Park through Otay Ranch and to Salt Creek, as described in the City's Greenbelt Master Plan, will be incorporated within the Wolf Canyon corridor between La Media Road and Magdalena Avenue. 5. Conservation The Program EIR and FEIR addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. 6. Seismic Safety The proposed subdivision is in confonnance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Village Seven SPA Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide tenninal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project will include noise attenuation walls. In addition, all buildings are required to meet the standards of the Unifonn Building Code with regard to acceptable interior noise levels. Resolution 10. Scenic Highway The roadway design provides wide landscaped buffers along Magdalena, Birch Road, and Rock Mountain Road. There is no scenic highway adjacent to the Project. 11. Bicvcle Routes Bicyclists will share internal streets with motor vehicles due to the anticipated low traffic volumes and limited speeds allowed on residential streets. Birch Road includes a bike lane (class II) adjacent to the curb. La Media Road includes a bike lane (class I) within the right-of-way on the road westerly side. 12. Public Buildings Public buildings are not proposed on the Project site as part of the community purpose facility locations. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. 5 Resolution Presented by Approved as to form by Jim Sandoval Planning and Building Director Ann Y. Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this Sth day of April, 200S, by the following vote: AYES: Council members: NAYS: Council members: ABSENT: Council members: ABSTAIN: Council members: Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the Sth day of April 200S. Executed this Sth day of Apri1200S. Susan Bigelow, City Clerk J :\PLANNING\HAROLD\RESOLUTIONS\PCS-05-09REVISED TM-CCRESO.DOC 6 ~'X+-\ \ b\\ " ". ,~ I J ^ _ ~ ~ 'i!~ '" ~ ,,OJ _ ~~ ~~ '" ~ ~~ ~ I!i~ ~ ~ ~ - "II! ~, 'i'_ - <:8:- 8<1 ~ ~ ::! -" ~ - ,- ;. .I'.,! ~ ; '!' ~ ".! ,I ,J ~ ' " ., ,. \' ~!~ ~ ~~ ~~;~ ~ ~ ~h~ E ~ I;~ g~ ~~ : ~~~ i.; J; ~ ~; ;~ !., !" ','- , , ! ,.., ., ".1 i! I ,j., ,,~! 'i -! ii ~g. !~ =1:1 il! i ii!. i)i,,~1 ~I .1 ~I: I~, ! :!i 11~ ,~ '" I,,' ,! ,';, '., , ,:., '1,',,1 ", "~I:"~ 110 . ", !' 1 ~~ ~ ~.~ ! ~~ :o1~",Oj ~toI~ :0 ~~~.. ~a~g8~~ :t! .:; ~Fbch~'t ~ ...;8 ~ ~-~ -: II!!; :, .,I! 'I, !.:i'! ,!:,' ! :'1 ;1"iti;j! ; t-'I- ! ',',ii: -,,~.,. iF ' I" ~", !', I".:' "I~!i' 1 ~lil~t" I Ii " ~Ij n . _~~~ ~ i s!~~ ~~~ ~~~~I~ "i ~~:,.~ : ~~~~*~:t~~i ~2.!i~~ i'igL !~~ h ~=" ;\II!~; I!I !1o",;:I ; 9"~.!! " I~ ...~~ _I! ,::9!_"'~!_:;' ,,~--j,!'I'~~!i ~~ ~ -1!i1!!!~. ~<> ",'I-~ ~,,~ ~... 'J! ..~1!1 ,<..'" ".. "i~ "~ ~ -..." ~ "'!- " ,."..,,1, -. ..,. .' I_I' '--"1' ,'''a j.' ; i'I"'j!'" .~~ ~~~!~:~~~~ ~~ ~~H ~~~~g ~~~ !l~~~~~~~! i ;~~loI~Hin~~~~ ~~~ ~~~~ ill ~U~",~~~h ~~ ~':;>j~ .~~;~i~ ~~: lIji,~!l~5~:;~~ i!'i~~~~r~~1t~~:: ~i~~:S;;;~ CI) ~~~!gl:oi~ t1 ~~ ;~ b~i~~=:~~~~;!~~ i .ai~a~g~;~h~ .~~ ;2~~ ~~~~~~i~h ~ Uijl,ij!!jjhi! !m~i:iI!:!:;; !!Wii~m~1!ij!!hm j~;~!!I!!~ ~: ,bil!;~i'; !;!:g,',',,!\ i,!,,~;!;,i'!, !~",', "'!'j!,!! ~ ih ~~sh ~i~~~~h~&~i:L~~~d;tU~d;~G;~Ht~~~~gfg~ ~iUL~~~~ O' . ! ;\ i!,!!! j! Ij ! !~ lit! Ii i! G" i. ';I,'Lli! ~~~jJi ~!~~~H;~~~ ,I\j~ ~o:!~",~:r~ ~3ell!~ ~ 8!~~~;;i~"b~~ i~~~f" ii !'I,!~!!,.!!i!,,!I~' ib~~~~~:~~ ~~~!~s~~ ~!i!! !:iI!iH!U! 2: a~ '" i ::'''i~'::~ ~~:s:.c"~ ~ ~~ i ~ Rhg~H;~~~~ ::L ~-~ I!I '4!;~g ~~~~ ~ '!'b~ !~ ;~~~ g~ b'..! ~2. "E " ;~~~ ~~ ~~~~ ii~ i Iii:, ~ ill ~ ~~~~~ ~ i~; ~ ~~:~~ ~ ~~~ ~ ~ ~~ !~ 2a" ~ :!!: 1m! Q ~:'i. ;, ~~ ffi ~ . , . 0 o ~ I !o ! . 0 , i ~'i~~ g~~!!;~~!~ i!!!!IH!i!~P! ! U ill I. !iil:' Ii ~~ ,. . ..... i... !L.a_r I . ';~ ; ) ",(:,',' ~ ~~ i : 1 ~ i ~...... ~I ~ - .. I ~ Hi ,H i ~i ., ,! ,. ! ;n~iiHJ~!~~ ~ ~~ i i ~ HU~ ! ~ ~ i 'I- !! "".'1' '1 BIf~a~~~ _ ~~~~ i s ,i, !, il; .' ~ I, ~!~ j::; i:i ~"Is 2: '" , ~ 2 ~ ~, ~~ ~~ ~" ~ a II~ (\I' !I~~ II I I, :@., ~I&I Hmil'", ~ ~-a:oiOtI11' !: I ' ~.., ~~. ~ ~ ~~~W~5;~~!~~ U~I;~~s~~h "'~(~hl),h'd~ I"- !! WI.., ~~~~!~ a.. <!J ~I;, <(c::(':=; ~~Z w--l~ >>~ I- <( <( U I- ~ ZIcn w > I- <.) ::i OZ~- w U O<(ll.. Z 0 Wa:~ ~ u <(>- <( I- o !! ~ ,ill~ ~ ~ . ai X il ~I; \ in. ~! ':gr.M!li! i'j ! ~ 5 i~ ! ~ ,I ~: - ~I ~3 II ,. -- ~~ il! ,/., ~ i~ .; 11 ( ! j ! ~ 2 ~ ! ~ ~ ~ ~ ! 11 1 .if 3 Lit' (/) i~~ ~:! ~ h!~ 'I" ~ !'!'''~,i=' ~ ~h~~Ga~~~ j ;;:o!~c,~",..:,,~~ ~ ~ g "-' ~1~i!!;; . ~~ DI~J~3~ I 'Ij I! 11"- Ii! i; ~\! I it ::J~ <1:0 "'~ .. l1:~j ~ ~o~ j ~o I' ~:;j~ !i c~t &I~ '~lW'~''l..;' 'C> ~~it~~~z" C') .... tlj ::t:: CI) ~8 I ~::; ~'" ; ~~ I ~~ i ~~ ~~ ~;:; II ~ ,: H " ,$ "<. ~~ ~ i <t- i;/Ji! II ; i! li .' ~ tiC f I! .... ,\ IZ::I ~r -- 9 \j: I ~~ .- i~;: 101)'<( " r~ 'n,"~ t: ~ I ~~ 'i I ~~ G I~" i< ~s~ " I. ~- ~~ I II! '. I" 1" '" ~~ ~" -" ~~ ~~ ~~ I; j.1 h I. ~:~ ~~$ I' I I, iil ~~. a il. !I: 1:1 , /' ~i 'I ! I ~ ; ~ '" ~ i~ ~ ~ ii '" . '" . is I 9 ; . " ~ ::, j1 ~~ i: I!::>- ~ ~ CI)~ U ~ffi ~H W'tI p~ ~~ ~:i *'-010 n- <{ ~J:" 2;UWS I- Z ,. ~<((!:Ji ifia:::S(j on ..... 0 f". I' c >- "" ffi";' I IJ.I <( ...J- ::?X~ t- Ol-_U ~~:h!ifiO> o ::t:w>j~ hI ::2: III !II <{ ~ I - ' " . r ~ . ~ \Lo ~~ al: I "-' ~ i ~ ~ '" " ~ ~ pc ffi~ al: 111 ~I 1 I' ~~,. I:! it! jih i I" ~ ~ ' Q ,I HI !:~I ~~ J;; brt I(jli'~! ~~ il!111 a~ !':it ~ ;:g ~~ a~ ! Ii O~ ,I ... 11 i:: 1: (,) ,i I;; i LIJ ~~ti!CI) . :z ~ CI"J ~ (J) Q 0 ~ ~ ~ J- \i'~ tl:: ~~ ~ @~ CI) ~~ ~ if: ~. > Q " ~ ~ ~ ~ ~ i ~ ~ ~ ~ ~ ~ h . ~ 'i ~~ ; i -\~~ !I, !~ ~_~ C:! ~ ij ') ~~~ i! " 1\li ~V!l ~! ~ I) ii ~ ~~.. ~ hi 8 " ~~ H ",. I!i ~~ ~~i QfJ;, ~ ji 1~ 1) i; Ii ,~i , il ~! iA" <J) ~~~ ~ 8 t;;~ > ,< . ~ ~~ ~~ ;h ] ~~ ~~l ~- , iC\.loLO j ~~~ n~ !i rj~.!i ~ ~ : Ii; .a .ijj ~i?: h ~ '\ ~ ~ ~ ill e! ;~ .' M ~~ I ~. i:JI':" .:c c tl ~ I' ;! ~ ijj "' '" <:'j ; !, I~ ~~ III ...........- ~ It~ ~ '1" ~~ ;: ~"_'i , , I $~ ~~ti \o&~ II I' I "'~~ I:' i1~i ~~~ =S! j~~ "'t Q::iU) i II ~ Ii Do <( ~J:"" ~UW !;;:Z"" 1-<(\",1 aJa:<r I->-..J @<(....J 01-_ aJO> ::;; <( ,\ " 2. ~<. ~ i~: II .Bp 1:: [III q :-::r /! ' iMC3LO P .l33H5 335 NOt.l tfnNt.lNO::J t:JOd Q. <I: <(~J:I'- ->t) 0) i= ZW~ :h g <((!)~ o wa:<(B r-: 6 >-..J ~ :> :!5~~i3 cjl5o> ::;: <I: ~ -';f; ~. i~: II .._n l5Ii! / C\j I- lli :t: C/) lli C/) <: a f:: ~ <: f:: <: a u 0:: ~ CJ) ~ o j:: ~ U ..J (3 ~ ex: <( t- O ..J "- lU ~ :5 ..J S ::z: u ~ ~ >- ~ o ~ i oo:t~ to ~ j 0' a. ~ i <t ~ w~ ~:r:'" ~~ ~l>w"! ,~~,.. ". ~.. ~~ I- z"' ~ <(~i = ~~ m a:~(j ;-.;;; ~ 6>- ~ I: I ~ ~ ~...JC3 mO> :; <t L ~ , ~ ; ~, F' <>:-.:. '5 ~ gS~ i~ 0 !~ w s'<: ~ =~: h '. . ( ~@ I ! ~~ , , h, ! , . ! :::1':1 ~(j~ CI) " U ::::! 'I] ~ !,: UJ Q ...,J ~ '!i in ...,J I~ i ~ II ,1 ~ ; i~ !~ ~ (( I ~~~, j@ II t:i ~~ ~~ " Ii '--- ~~ ~ l ffi~ UJ ! o~ 0:: ~~ ...,J ~ ~ .. ~~ <3 ~ ;! ::: - i i~ ! ~ l'i!: ,1 it i U !~ !~ .~ ~~ (/. '0 ~~ ~ ~ II ~~ j! II 1. o~ jU l n ~~ ! t) ~lJJ CI:!:: oU) ::.. 'I I: il I I! Ii il'll 1,'1 Iii II" j II, II' I, 'I % III. '1111,1 i.:.I,II,II, jl"II!'i~!~I,I!;il,:lil'I!i!'II'u II i nlsl"I,I')'I:~li',1 U U j S Ii! U !i!i!i!'!i!I,',i,,'i:!j!:,~ i :I.!~ c; a ~15 s i(,~ E! i ~a.. ~ - L, ~ ~- I""'T' "i".'(""r",m'"-'I''"iT."!""m------T"'""'-,. IT " · .--- '- i~IEIS::;!~ ~~T!~!~b!EII!H~:~;!!I~'I~:!!I!! ! = :!:! ! ?11!!~i!I~I~I~i!!:~ ~ :! !;! !! ! ~ ~ ~ii!:;1j~!~:~,~ i ii!!I~: ~ ~I'~C -'~ 0 ~ - ~ ~ - ~ ~ ~ ~... - ~ ~ ~ ~ ~ ~ ~ ~ i i ~~ ~ i ' ' : !! ' I, : , 'I I! I I ~el~=,~ "'"'~~ :. i II I~ ~ , I I I III I1I1 i ' !~ i ,n .ffi ~~ !~ -0 ~~ ~'" ffia o~ ~<'j ~~ I 'ii I: Ii i I! ! il i I I , I:!II !I ii, I , 'il :1' , > I' ! '. : · !.2.. : :1:: !i i:; Ii III ,!I! 9 ~ ..:.. ~ nlal~.... ~i=:!:- :I::~:':e _:e :e!I!;:; f.I!I:I~:<.: ~!J: ItIR '+'+1':>: i!l11II':; ~ 111'1'0 ~ Q:I: ! .': I' "" , !I I, II III, I: I' 'I, III II 'I II i " ,Ii" ,I I! : I II I,' II II ' " I ~1iI:1!iin !!il! 1I1:l:naIUiial~u-:!i! ~:iI .In- '~I~-sri.iUlii!i:!!i! un :........:T..I :":-"I"i~"T,......I..~.... !<T tl~-"I..I~",..,~.......,....,.;:T,.;..! , I II., I'; I I'i- ' ....,. .".. , Iltll. I::!I ,:;.I'~IiI:;i!ilIIil:J !I!;;,'I~I:_I!<I~!L .8!~__'_____,__2 I I: ,. I', Ii " il i , ! I i III III1 Ii Ii iilll i illl,l i:j II Ii I ill II II Iii II I I I I lill Ii I i II I' 1 II ' I' , i I : I II III! i I~ ~ I Ii II 'II! I , ili i i ~I' 'I! ~, ml,l, II 1m!!]! i I I: m!I",~!"~m sl3E1EE :al~;!!iJj , I" I"h,'r.!! ,I!I,I,!,",!", II I II I i.I!' !I!!I!], 1,1,1,1, !!LH~!!L! ill' ,.I'I!i~+1 ! ~~ ~! !1~ i1j! !:!! !!~!! ",,,,,1,, 'n~nn j! ~i!! - ~~! il1i ~ I ~ii:; J!!iI U!"!!!!AI!! ! 5'. n ..'., "'1" ~,"'" ,,'~' ~ .. "-'-""1"'." -"-"(:',. '.T.-.- ","I'!,!"'" .. fi.," "'~I"'''I'' TI".... I!: I ' :1 I ' I , ; 'i ..i.... I ""I,], ; , I' 'I : li!i i: :; "1'1-1" "''' I ! 11,'1 : +,,1, '1"1' '''''''~" 'l'i'I' ! ~!! :I! !!'~r :~ S -:" '1"-" ""j'I']'I"I'" , , :~ :!;~ I!:roi:!i~i '''0'1' ;<;,111"11; I'M":;RRI ~" iii ;t:lfCl~;!; II! 1U; 1'11$111;;11111111 ;:1 ~il II ~;:: ~ !;; 1iI1r.t ~ 01 ;;,:' li!!i!!~:!lI!I! 'Ii ''''''1,1, , ! I ' I -.--T----.... ; ,! ' :j I ' ! i'i I; I ! ; ~ ~; ~~. ~~ ,: ~i :1 i, ,II Ii ~ !~ ~~ ~ Ii !~ ;!I H ..:=----------- ..-/ ~ ~;; ~ ~: ~~ ~~ ~!~ ~! ~ \ " 'I,!i II! g~ 'lI~~ 1h 3~_ !~~ ;I~ i~ ~~~. ~i~ ig~;~ =~~ ~. ~ .:u ~ ~!i !Ii m ~!, ~~t: ;~; ~~~~; ~~!~ !g! '1' !j, I. a! .:;"';; 3..i ,,~~ ~B'\!~ !H n; '~i ~n~ ~ ~ ~; ~ ,,~ ~~ !~ ~~ ~i j; ~"' ~;~ ~~ ,;~v ii ~i~ Ii m i~ II! !~I ~~~ 1 ~ ;~ "' ,,;! 'h !! ii! ill~ il!i! Ii ~~... ~;11~~ ~:ne ~~ !!i IIlii mii II ~ <;;J <~ ,~ , ~; !i I! ~i n ~i " ;'! ~~~ ~,~~ $~~ 0- <C -::EI", ~ ~ ()WfJi C'li=z ;; 9 ;: <C"] ~ i'5 a:<!~ . f- >-...J ~ t- fa <C....Ju > c 1-_ U i'50> ::E <C <€ <E ~ .:. ~J q q ~~ ~ '~~ ~,,: II! II~. ;;; ~ ~ p , \\ :- \ .---.-' _/- "- - - ~//; ::---\-c I I -:::.------ I - - . .. i I i \ c __ \ ~-::- \ >- << ~ !S o ~~ ~~ 00 !fa: >- << ~ !S ~~ ~ ~~ ~ :fR: *~ ~J:! ~~ ~ l"- I(/) a:tl 1m ",-I ~~ ~ ~ r,.. i!1i Vol! '" (/) ;; :;j I"T1 ~ ~ o :::! o ~ .;" &. ~~ ~~ "/ ~.e/ #" -It: " '-t:. ,+"..4~ ,.....c;-.---------~T r~~~/ /~, I~" ~i ,'~=titr ~~. ~ :~,I/!~-~J~f I i '1' ~ I!:! G ~ 1\':;1:!'~}: ! i ~ ~ ~.'.'.- .', ,:~~~ ~~!,~-;, "'., i. "'",:I: ',," \'------:r ,,~: '1] Cj::o ~-~ - ):.€I ~ I' I ~ ~~ > - . I~-----'~r: ! ~~\:J \ ~~i,;i I iTli'1i l ,-.--. -_."':'..!,] i i ~ifi :j . :CD. i!_ .... :z _ -;-__:\.-- \ I~ ICri :: j!" () / " J I :t ~~ i I ~ ". I I ~ ~.: I ~ ~ ~ ~I ~ ~ g~ I , I :;, i ^I~" ;-," ..;:1J '-, ~. 'it , ~~ '" I .,~ ;; ~'I ~'~ ~o ~1 !~~ ~ \:J .. ~\:J all:~; =R ~ ~ ~I i."i;::: i !2~ . ;!: . :JJ_ 5~~~ ~ i:'J q ~ ~~ ~~ · i '" ~ ~ : ~di 8 ~ r ~~ '" '. ~ f)1 . ~ ~2 ~ () ! ~ ~ " .... . B ~ ~ 8 , ,., ~ . ~ ~ H ~ ~ ~ ~ i"O if ~ \!!!:B ;;:Ie ~ '"'i -. ~; " . : >~ - . . ~~ ' ~~ " ~. i ". ~ , ". !/i U ~~ o~ ~~ ~~ ~~ ~~ ~" i- ~i1~o ~~ ~ ii1~~~ ~~~!; !~~!! -0 a 8.'" ~s!" -4 ~~: I I~ ~"I.~ ~~~ ~~' I ~'1 " I~- - ., !.... :- ~ '~I ~'~,'",~ ~~ ~I~"" ~~ .----- ~}c ~~ " or "'- ~~~~ ~~~ ',,~ ~<J~ .~,. ~p ~!I ~ ~a~ ~h ~ ~~ j;?:I> ....;::: 0(") f ~ ~ ~~iiI Iii " -II ~~ F'f!K:IPERTYt/NE ~~ I ~~ a~ ~~ ~~ ~ ~ ~~ .~ ,,~ ~ g~ !~ ~ ~ ~ ,~ ~ ~ en id ~ ~ ~I' I (J) ! i ~ ! ~~t ~ , (J) ~~~-t i 01 0 ..... J: 8. ~? m rn ." ~ ~ ~ ~ co -<: ~~ :<);!\:J d ~~~ ~~ r-a;::: ~ (), oj , ~S6 ' " ~~ ~(I) :::I);! ~R ~~ ~~ ~"1j \(1 tJ ~ ~ tJ I [;) ", . '" ~ ~ il~ q€i I ~ ~I !; I '~i / :~ ~-I". tH .'(~ ~ ~~ ::i~ i~~ jJ~ iiI~- ~() ~~ ~JJI~ o. ,~ d ~~ !: i~ ~ I~ i ~ ~ '~i ~11~'" ~ ~ ig~ · ---........i.~ ~ ~ ,:;;~~ ~"" ':::! ~i;, . ~ ~ i ~ ~i j~ \ 0 . ~i .~. ~ ~~< -c ~ ~ ~ .~., " ~ =~~ ~ . .. ~~ ~ ~ .. ~~ " s~ I ;J ~! :;::~ W B!~ m'" A ~~ n ~'" i~ "'<:;j g~ ~~ r \:J ~ r:;; ~ <: ~ 6 <: .... a a "tJ ~ > ~ ~ 51 ~i nc~ en ~ ~~ i~""6! ~, ~ir ~ ;;f~ u, ' ~~~ <;:: ~ -1f- . F ~ ' ~~~ ~ ~:-;1;; . C/j ~ ~ I 5' ~~ ji ~~ ~. ~ ~~ M t~ ~ ~ ~~ . ~ ~; -.. :tJ", ~' ~" '8 I~ !, "- I' ~ T ~j~ "1 .~- ~I~ .. ~ 'i----J ~ I, i ~ 1- ~ 'I < -t-- ~ ii'r-.' J ~~- -- " gJ [;) I~ :1>'" [j~ ffi~ I ~ \. ~ ~ '< ~~ ~~ i n \ \~ c:.... I \1' IT1 , ~ I '" :t ~ ~ " j;? ~ '" ~ , _! i~ .5~~~~ iiI~ ~~.~~ ~~ ~$~I ~ ~ $~i8 ~ ~.~. i ~ ~~~~ ~" ~>;. ~ Ih~ i t ~~ ,~ ~/ ~~ ~ .. ~ .~ ~ E~ ~ "0 ~ ~ ~~ ~~ .~ 0-1", ,~ :l>tJ -I~ ....>> ~~ . ~~ , -1[;) ~ ~", ~ !:!1.!i!! ~ ~ ~rt-. ~> . ~~ U. :I>~ ,. * (;)[;) '1-----.. ..-- 1iZ", I L '-, fii~ ~ ~!~ ,'~ ~ -< ~ ! ~~ * :b en ~ ~ 5::;1' "'.JL ~ sgrn "'- r. ~~ c:.... @" IT1 ~~ ~ ----r~' ~ "I' _~, o ~ ." ;:;;I.. ~ !~ " t;; ~- j;? . ~ ",U ~ ~ ~ .... I, 8 ~~ .. ~ ~~ ~. .1' i~ ~~ ~~ > -4' ! ---+ ~" ~h ----t -.cO' "",,, ,~~ ~@' ~~~ ,....-/ ~ , ~ I- . ! ! ~, i ~ 1 ~ _ ~1=-- ~.~ ~2 I~,\ i~ ~~ i ~2 o -I ~~ () .,., s: ~..AJm 0)>2 ~ZO :J: m COO s;: -I <Im en 2 ~ I -I a<~ )> - C < arm ~ s: \)> ~ ~ G) m -....J ;:g ~ '" ~ ~ ~ ~ ~ u ~ ~ ~ ~ H ~ ~ H ~ " ~ .... ~ s ~ ffi , ~ ~ ", ~ ~S<: ;; '~" i i :.. 8 ~ ." ~~g]~"'<I!;;:~~~;!J ~ ~~~~~f~ ~ ~ ~ ~,~ ~~ ~ ~~~U;~~~~5 ~ ,,~ ~-'~i~ " p~ ~ ' . ~'" ~~~",~ ~ ~o i ~~~; a o .... ~~~ ~8~~'" <: 88 ~ OJ r;:;!~ g~~ VI ~$! ~ ~ ~" !;! ~t(!ij=tl~~~~&5~~f\i ~ ~~ Q2~!fIQOQ :.; :::!><: ()~~~ i~~~~~~~~~~~ "'" -:~ ~I::~ ~ :::! ~; ~~~ ~~ :gt:\t'1 1': -1-< ~::! ~~~~~iS~:~~~~ ~ s~ ~~~ t:I ~~. ::,:!:;j~)o;;~)I; ~ i ~ . ~~"'~ ~~ ~~~ ~ " ~ ~ ~ , ~ <:J .~.~ ~ <o~. ITi ~;i~ ~ Q"~~ J:J ~~., <:;" M _~o ~~ ~~ I ~ \!; Iii ~~~ ~ :sm~ ~ ~~~ ~ ~!~~. ~ ~~~ .... ~'.S~ '" ~iii ~ ~~;~~ ~ _s.- ni ;;:- r;:; ~ ~ ~~~ VI ~;~~ Q ~~~ ~~~~ ~ ~~~ ~~~~ s~ "i:i~' ".~ ~~F ~~ ~..~ '~ t "';I: ~~ o~~. ~~ .~~.~ ~~ ~~ ~i:i -.'-'1 -'~52~ ~~ ~~~. ~ m~ , iJiJ'~ ~ . ~i~ gc~ )> IIi. i s: ~q ;~::r: 0 < m Ii . >c: co O ~'f oenZ :~ Z ~<t :enen -~ 0 '~f ~R~ Q 1')> m I ;>~ -<>-<o! ';;1 Q -4 en () "'" m ::T .JJz, ~C>)>-4 S Z~ limO<:: i .....::I:m i ~ s: , )> "'tJ a ~ ~ , "., ~ VJ /IV ~ ~ ~ ~ ~ ~ ~ ~ ~j ~ ~ ~ ~ ~ ~ 0 " > ~ ~ ~ ~ :.~ ~ () '" '" 0 V]<')~~<:5 '" 0;;: ~ <Si ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~~ ~ " " ~ ~ ~,~~~ ~ ~ ~ ~i ~ ~ ~ ~ SJ 2 ~ '" ! a ~.., ~ ~ ~ ; ~ ~,,~ ~ ~~ ~ ~ ~ ~ ~ ~" " Ii ~ iJ~ ~ -. --. --=-~ ~ I111 \~\ ~ ! o*". ~ ~AM() );, I~ I~ ~ ~nii I Y,( 1(1 0" "I! I ! ' V\\ ~ A ~ ~ ~q ~ n n ~ ~ U ~ I ! i .~ ~ ~ b ~ ~ ,.., g 0 ~ ~.., ~ ';a ~ ~ ~~ ~~ ~ ~ '" ~ ~ ~ ~ ~ ~ ~ ~ v; . ~ ~c I:;~ It; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I "~ ~. ~ ~;;; - ~ ,,~ ~. ~ q - ~; ~~ . ~ ~ ~ ~ ~" ~ ~ ~ ~. ~ ~ ij ~ ~ . ~ ~ ] ~ 1:1 i)~II;iO:D.f\blll I~ [t>! I ~ ~ r[i) \ t, 0!~ I\):@ ~ e, I I II ~ I I " I t '" ~ ~~ -.... a ~~~8~~ ~~~.~~ ~ ::! ~~~~~. ~.~~~~ 5 ~ ~. ~ "' - ~~.~ ~g I ~ v,", ~g~~~~ ;~,~~. ~ ~~ ~ c~~",,~~~i'~ ~ ~ h iTI "~~~~~~5.>~~ ~ ~ S~ '" ~~i~i ~~I' i~ ~ ~ ~i ~~ ~~I~~ ~~~~ ~~~ ~~ !~. 11~~!~~!i~I-~~~~~,i5~ o cc>i'~... '~~i' II~ '<: ~o. -1tI~itj ~c::J: r-- ;~i:I~~g~~: ~~!~'~I ~~~I~~~~. ~~~ ,s g~o" ~~ "f--->i- i'g - ~" i il~I:!~ ~~ e ~I .. 0 ~E~ e~ I s~ ~" ~~ a ~~a~" :" ~~ ~;;; ~ -"~ ~ -c ~~ ~_ 0 .~_ ~_ " o. ~. -~ ~ a""~~::i; (ilt:;) "~ ~~ 0 ~ffl' _~ ~ ~g -' ", - ."~ -. ~ " ~ c' S; ,~ iJ' I; ~ ~2 ~~ ffi e~' 0 ~ e . ~ (;5 ~ ~ tj ~ ~~ '::: ~ ~ a; :.:; Q;;:;; ;0:<::: f.;j :::: c <Q ~ ,,0,<..0:"'-' ,,- ~ ~;I~i~~~~~ 1~~~~~~~~~~!~~~:~~~;lig!i~~~iill~~:;;:~il!:III;III~~1 ~~~!i~~~~~ ~i;::~;gl~~~~;lg~i~~~~~ ~~~~~i~~~~g~~g~~:~~~~si~i~~I-~~ii~~ d~hh ~," ~~a'g~~'~i~~~~~~~ ~~,~~ '~~~-~~"~~~~~~~ ~co ~,,~~~~ .,~~~... :il;~i;I!~ 11;1 I~II:~~'~;~I!~~;;! ~ii;~~I;~:~I!~~ ;; ~.:~~~~ ~~~i;m ~~~~~~~~I'~~~~i.~~lli.~i ,!.~,~~~~~ i5~~~~ ~~~ ~n~~ :~ !li.;_.IR~ ~~ ~~~~~~~~. ~~~i~~~~~~I~~~.~ ~~.~~;~~~'I ~~~ ~g; ~~~ ~~,~ ~~ ~~~ ~~~~~~~ ~~ ",'.~,~. ;>~>iA' . "~~~. ~- .~I-.~ .~~. ~~ i~~ R_~~ a. ~~Oa~g;c ~ !~ -~O~~~i~'~~~~~~~~~ ~S8~' !~ ~~~~~~ i~~~e~ ~~ ~~~.:~ ~~~Cr~'~ '~ I~i~;;~ ~~j!~ l~i~~~iI~~ ~I ~;~;~~~ :!j~~i ~~I ~:~I i~ ~ ~~~I~~.,~I~ ~i~~. ~ I~o . S~a;~~~~~o " i~~~~~~ :.~:.~ o~a ~~~~ .~. i~ i ~~~ ~ !-, , ~o~~,~~?~~ ~. ~~~g o' ~ ~ ~-o c.~~" ~ ~~ ~~~~~ ~ ~~~ ~ ~a~I~~~~~s ~~ 8~~.~~~ ~g~1 ~ ~~, ~~~, ~~ ~ ~~~ II i~ ! :i~ i ~~: ~:I!I~ ig Ij~~~~~ ~Ii~ ~ i~; 1:8~ 81; ~~: ~~ I~ ~ ~~~ I g~~ ~. ~ i~ I; ~.~ : ~ e~;i ~ i i ~ii~ ;~! I;~ "~ ~. " " '<~ I ,0". ~~~ ~ . ~~~~ ~ ~ . ~.~~ a~ ~ ~,~ ~ ;. ! :~ ~ i' I e; 10 5~8' i i~5' ~ I ~ I='S ~ S ~~ ~~ ~ qi - ~ ! ~m ~~ ~ ~ Rn ~ ~ ~~. ' ~ ~ ~ "~ ~ ~ ~ '\~ J-\ca \ \-+X3 ~ ..~. ',~~L ~l '1-, / I I, \. I V\)~~J~0'l' \ W ,\ ~~:,':\t,\,I\'''''', }t- \\~,\,', \\: ,,,'~~;~~"~',,\~;~,~\,, \\: ,', ( ~/\.\~t}~J'~". ' ~ ~,'" ,if:' I +~~{~~C~~;=",,~';~r"{""\I,'r.F0';)hl\\~~\\\\"""'I'"1"\, ~" .~ ~\i~>Z,\ '.",,\ I, '8 ~,~\\\, ~ '" \ ~, \ (~ \ r:T~\ J\J'C\ . }.) -. !-~riLf~ " :. '~r ~'~~)'I j;;; 'II'! Ii f J )\'I"I'~' ' '1'~ 1\' )' "r~ .~-'\.'\,~~,,~~~\\ ~\ \ \\\'\: " ~\~ ~.~ PrJ j I ;!---:t--~ o_V}~~ ""1:-<'--'/ >14 i/I!I~!!I>tI~ 1\,,1 j ~ " !-.' ~~~'"'' \ \ '\ \ :;':S \' I ,', . +' T--i . I / / ~-..:.r::::: -'1)-" , -.: ,_ - \ 'C-~ /, I I J If, \ ,\ . I r, , \ ,\ n ~',i\{ '"i ,I,:\'t. ' ,,\ \ \ '. ,', .:c..,\ I, //1 ',/ I -=-=_0::- " ,__'-,~ '4vrt\fffik I . ( I I, \1,"! a'1',.,'\:i' ~\ ~>,\ '\jf" \ \ '~~, ~~'.';:: - ,':+/~ ./ 1/ I. :-- ~- " '~',=" ,)'~~n" =oJ/ ' "I:' 't( ff :~>,~ :~~Jh~l~d:~J '7 ~~ /1i~=:'(~r~f1!tU~li~irl.~,~td ~ ~i ~ ')" '4;.. 1\, ~ \ \ ~I "' -- ':t>IT1- ; Ii " !, rc~ {!I ~~!!f ~~ -i~ I ~~' ~~ . '. j ; / ,,' ~~'-.( ,e.f,~~, ~L \ - ~ -- ' '_~~~ , !t, i /j ~~~ < _'~~~ Iti"U~J ~ )1, ~.' :i :~ ' , I ~?",,[ ,\ ~I ~~ , -' <', , I I > ~ ~ I" I. ~ ~ liI'H .' ,,"I k JI~ I'd I ~~" . < ~"', ') ) '-\ill I" ~ 1"" ',,!~ - Zi'" '_ . ". .- - - I, _ _~ .1.\\: 1)-- ~l "J-s;l.-.1:..-. 'N" ~\ ,,\\,\ \ ,..'\\,' '.' \, '\! 1'// ..... ii, '. f'. '1' . .. ~/,:--f---7.----_- ~~h------~ .' !.. . ~ -. - / ~OAO~~~~~~~~~~:;~~?~~ . .1 ,. ,rr__1; ..~- ,r</' ~...~~.. .. .~.. \~.. I,,, K"J.:~) ...~ . I -!i ;::....r J,-;r-;--c " 7-- ""~l " /:::~~~ :~ \M....,lI .../1 ' . "~... , ~~,' ,I, ~ "'.'~ ~~~~ ~ III 'tIi! \J \ ~ ~ > \\\.'fJ)I ~ ~~~'~" !J 'I~ '\ \\~ I ~J1~1 \\ l~ <, ~ rn')' n ' > , " .. "~'. .~. '. .' , ,i j~1 )", ~-H \\ ~:\~ : , '. '. .'. ~..~ .~" , \.. \ A ' ---\\ ~\\ \~\ ..\ "", ',\ "', ~ --------\ ~\ \ \ \ ,,/ / <.\\ 1'>, (/;'\:. / ,>>/ rJ,' ! i.J<; 'I ~.../ / =\ \,.-/ \ I \ \ \ ..... i ,iuf?::'J.' f '/ '- // \/. ~\ \1 'II' ~m"1 !!//,!iJ-,/j - ~ - .-' \ /~ \, , : I. 11,' i.i l:17 I:; iy' v., r-J. 8 ,/ / \ ~\'.,.\ \ ,! I Ii:, ,Iii (';//!,1 "\.:: \ ..j /'1 \ '1.1!1~ iiiiil'!i!",'il! '-- ~~~1/Y 9\ / ~/~\ \-/~\ \ l~ '-- ~'1-, ~ -\ ~ r/:\ \ 7 ~ ~'~~~1 ~==] r - ~ ~~\ r~; ~ -~I--_~ tJ ! ~ ) f-.J k_ e-'_, , : r , . / C/-::::: cg /.-/--'~~~~~~, JJ ~~~~~::-~J<,\n,~ .. '" --- ,/ -A~~~':':>~:;:_-::::-~~~:~'. ' I:P 'J 'I //",40;~"-/ .~_ " O~~'.~.,?":,/ " .. ~~. A- ~ c;.. ~- ~';" ::! ~ :c: ; ~ / ~ -.I / ..-J ~,' o :c: C/) ~/ C/) ',. :r: ..... ~ f. -I CI.) U I.: ,'.< ;,: > <\ I'. (\, .. ,'\<, I . . \ \ \\\' \,\\1\ ,~,' . 1'0\ '\\i \ , II I~ / <:\, ,:,\~,\\I:'\ '\\1\' \,1,1, I:' ,\ ". .~~::J\ 1\ .I~\::):i:' ,',\\ \ I. :~~\II;I,\I\:I\\,: '\, " :'\::\:""'!'\..' . ",':\: . 1\ '\,.'\\ I':" \,,\\\ \, '\ '. '. ., ,,\ I' 'i 11"",,1\ \ ,'i"\i"" i ',," '.'\' ',;i;i~i:\' " " I \ i i (g '" 1\' 1\' \ \,i'!"" ii", ~ \'["')":'\' ,{ 1\1\1, '1:11\~i}(, '., 0,\:\':,\,,,\: iil.' \""",i ',I,\',",i!J \\ 1 ~ .....'..1 '\,\'\\,\",\1, 1"\\'..1 il",I.\1 .\1 ..:,* :c: ' ,I '.,1,:"\,, \\1' G''lt\". !;; '. ',,', \ '" ", \ I,', ':\, ,,\' \.\, " ',,\,',\,"\:\\,'\\ ' \ ,,\, ~ ,\\ ",'\ II ""\""'.\'\, ,:"\',1 ~\~ ~ a) i i :I:'::"'\':\'\,,I',\:\,:,\,.\,\.\\,,~~~,\ I, ~ ", ,. ,1'\i:I'\.,,!,' 1,1",:rll'I,,\\\ ' ~ i ,., \ II"""'" '1"",'\"'\",, \'\'\ , "I :;,': ",hi "i' ,\.', C/) / (I: :i \ 1III'ili I"l! \1 ,\,\ :r: ./ 'ii, I' '.' j)' ~ 'i i . \ , 'I /, !, -I .t:., . -=-~ -- .. I : , I' ...; ~ . \ ". , ..I '\~ - >;' , , , . ',. t )! 1 -I. \ /,~/i . . '. ., , . 'i@:'~ ,":~ .'" C:: .~ -;2 ;.!Q " " l'lf i iii' iii , Ii ~ I III Ii 1;~ / ~ I,":,' \ I ~ ~' 4 . ////./ : I '1$ / /i "(I!' " I I , I, , I I' I ,\ 1 , , " , I I , " ....~ \\.\ ',' , , ,~ 'ilil"II'il: 'I ;',\:'''''' : I ','.'.",,\ .~ l\.'t'\ , . '" .,','. '. \\\ ..... .. ~'\J ! !iI I !iI~ 4 - ii ii. ~ ." J> :c m o ~ ~ ~ ..~ t. r ......... .11 i ",; '. . . .. - , , . f ~ :~:r: J ; G;2 01 :uoen ,t '0:>- ::':or 'oo?" ; :;~ '-J ~ . ~ ~ )> s: <O~ --to Qr-)> m ~r-< ~ () )>:JJ m ~G))> ~ ::;;mZ -i ~ (")< ~:r:~ )> "'tJ ;! ~~ ~ ::c ~ , :t ~ "'<;6 <:", c:J. ?; ;E )> f4i C) ~ 5E ~ ~ ~ ~ en O1~l\)a in ~;E -~~ ! I ~ ~ ~ ~~ ~; /I !"~'" !~ Iij, ~~ ::c~ \ ~~ :-i 5 ...... ~ i1j <! 'k-- : <: ~ I & c:J. i ~ ~ !~ < ;E! : ~ 1;; ~ ~ I; ~ ~ ~ij :~ ~~ ~CJ ;! ~ ~ ::c , :t ~ c:J ......J , .Q;' .~!~.~ !~.' ~."i' ..~ '. -!~. ..~at :~, , ,., If!. -t9<t:. _ /. ,~./_ / "// J__ /5<!: \\' .....":"':. .. ........~! .~~.. ..~..I~;~ i@.'!@ ~.... ~~ '''!,. ..... //J~ . . . .. -. ~~ . ~ . ~.;~~l::! . ~ ~ - ::'c, - .[~...- ',_ .:v ... .!@ , '~",;;~=Z~d?: ''';;'~~-~~f.-:::;/';;;~'~ W~ '.< ,~;9~~~'~;~~~J~; _-t / ~- \', , '" ' 011" /.,~~,.~:../! I I c:. ~~ ~ I .-~ t!i ; I ~-:::.- -~-; - ~ -,- - - ~ , r( /"" I . " .~'. ~~@! , u / "-~~~~ -- - ,\ I ~ .. I: ' .. -L ~ If ...--- t~ I ~~, '" - . ,",,.,. "-"',1' \iJ .. l~~@~I~ !! '" ~ ..,. Ii" If 'I ".- s.... - " " . ~il~"" f. . \ ~o ;t; -t~_ " \ '. ":f:'"TJ*'... ' ~~ . .... i%. ,,' '1""'=1:. . " '. .~'. -,// ,- ,\.~''O, ~ ,\/\ -I' . ~ "'-', ;/ .. / i1 ~ , !i ---- , ~/ '~ " \\' ". ~ ~\ ~~~ ~~- ~~ ~; ~~ ;; ~i I' ~ "'co c:J ;~ " J:"n, ij~~ ~~~ I ~~~ ~ii': . ~~~ ~~~ I ~~~ ~SJ ~. I" sf G)S ~~ , ~il', . ... ~ 'er: ~ I ~ '" liiQ~ ... ! ffl ~" /J....... ~i~ i" " .~ ~ ~~ ~ i ' ~ cc:J ~~~ ~~ ~I~ ~ r: ~ f "'c.: ~ ~ . ~. J: ~~ 8 tJ ~ '" '" ~ ~ ::! " ~ ~ i~i :t .i~ 'I~ ~~ ~~ ~. ~~ ~~ 0, ~~ 'r1~ ~~ ~n~ , :~ ! \ ~~ ~ I',". ai '.i', ~ f'- l!I~. ~d! I .0 ~ . ~~ !~ !~ ~~ c ~' ~i e , , e~ '.' .. '. '. \',,, j,; ~,!!~ti 11!'! ~~, ~'\: \, ' :~ ~ 'If ~..\\ 2t! " fi ~~ ~ J · 7~ '\ I \ .~\: "; ~ '~.'..' :.\1,1\1' ...\ _____ \!@, \\, :ftl,' ~ , ,,~ 1'1 I \ : \ \ " LA ~!' ,~ ~ '\'1~ ,!.@,\,:, I '\...:'}-w_ R ~---- ,. · >to. o " \. _,'J;,__._ 85 ~ _ /~ \:, ...~ 'f " I' .....1" :.....~ ~ , 83 \:. ,~,\~ ~\~~ 1_." \ ;: > '" :1 !"'t.), ~w~ . ( . ~'iIiWi.. I . .......- I' .!! ",.,.... '. j \ )~.~~~ .,-~ , I' ,/0_ 1, i'.,i" 1 .!" I 1 r; ;; I ,h 'I .... ',! ' I~ ~; './. JA , '. I' h~~ '.. 0f.' Ji'l , . ri:c . " , ..~ .., - , 7' '. . ~8I i- ~ ~\ h ~~\ ~~ ~ - ~ 0) c:J *~i ffi~ s~~ ~ ~ ~~ ~~ .' ~ ~~ ~ Q~~ '"' ~1<1 ~ 'i, ; n , ~::! ~~ ,Q ~,:;! ~ ~ ~<: " ~~ ~~ ~. ~~ ~~ "~ ~, ~ . ~i ~ Ii . "- ~ ~J i ~ -. '-'-'.\~'r- ..,7 - I\' - -~ )-;~~=' -::-_~:Jt --\'.:" R~_~_---=-:-~ -'ft. - - -RJf- - , ~ , ',' , ~~ ~~ liP i~ ~ ,. f ~ ~=- ./ \----------------- ~ ~~~ ~~ ~~ ~; *~~ ~~ ~t ~j ~I~ ~;::: ~ , f '" G) ~ ~ . ~~ Q 8 ~ ~ i~ '" ~~~ ~ .'. ~ ~~ ;:;; ~, ii1 ~~ ' ~ ~~ () ~ ~. () ~~ ~ 8J ~! " '" ~ ~() ~~ ~::! ~~ ~ ~~ ~ ~ ~ p. ~ Ii )> 3:(") <o~ . _-10< )> m . Qr- 0-1 ~ -< . ~rJJnto ::T)> Z 01 . ~G))> ~ 6 I:5imZ-l (0 ! s- (") < , ..,... m )> ............3:- ! )> , -0 '" . :'-'~''''', t cs :XJ ,.,'. " ',\ \ II I I I , ' I I v( "1\ I ,tl(' ':~.~~... ~;g ~~ ~g ~~ 11 ~ Q ~ -L Iii. ~ P' :I'C;!: ~ ~fi ;~z 0 la ;i3~ ~ i ~ ~ ; ~~ ~ ~ ~ ~,; , - C5 ~:n iT1~ Ie) '", '. en ~ ::t ! O1Q(,.)a ,,~ ~I III ~;:E ~~ -)> ~::: ""0 ~~ I'T1", ~:b ",. ?~ :B o~ ~~ ~ =< ~ ~d ~ ~ ~~ ~I III ~r:: ~~ ....0 '" ~~ ~'" ~<>/ ~~ .;,g "'~ iiI~ !5' ~I ~~ ~ =< ~ ~~ " [:: i ~ ~ ~ ~ ....... ~ ~;:E ~I .... -)> ~::: ~ ""0 ill, ~ "'''' H ~);! 8' MAX. ~ ~ "'''' ... n ~<"\ "", ~ '" . ~~ ~-~.,. ,~ ~ ~ ~ iiI~ ~~ jl i!5~ ~I ! G) ~~ ~I ~ ~ '" ~ ~~ , =< ~ " .... ~ ~ ill, ~ ~ " ~~ .... .... t) ~I n, ~ ~ ~ ~ III, ~ r::: ,,~ ~ en ~ 2 ~ ~ '" r:: ~ ~~ ~~ ihll ." ~~ h~ I :JJ :B~ m ;p :~:r: ~ ~~ :[;;2 :JJ ~ e J m (')~ ~~ :cnen 0 ~~ co> ~ ,> , .oo~ o. ! :~~ c:~ ~ <: ~ S5 ' !:J " ~ ~ -<: )> s: <0 m z -~ 0 ~ Qr-)> m ~~-< 0 \2 -t r- 9 :D m ~~ ~G>)> z :.or:: ~ ~o ~mZ -i ~~ s- ("') <: ;:E'" )> . -..J:I: m ~r1J s: '" ~ )> ::j ""C 0 <: rn 01 0 ~ J: ." m ~ <; " 'I o ~ I' i ~ cO ' ~ ~ ~i ~ ~i~l* ~.~ ~ o~ l~ ~J,.i<'!Ni-~"'~ ): l!: I i r- ~ ~ I i Ii z 1111 1~~:~~ >~ ffi~~ 'Izzzz ~ I (ij~~ ;!~~:~~ " ~~;~ ~ ~:~ ~ ~ II i .. ~ 0 0 ~ ~ ~ ~ FOR CONTINUATION SEE SHEET 3 ~ ~JJ ;;!~ I'" :to () ~ JJ () I~ :::! ~ ~ :::! o ~ C/) HI C/) ~:t fT1 ! i ' rtj /,/ ,'~-f i-~'~ ,.,~ ----Jifi ..... , , ,- - . I\) o ~ ~ ~ ~ C) :J:: :s r-- ~ G) rT1 "'I r-- o ""'i :b ::x:J ~ ~ r-- C) c: ~ ::j o ~ C/) --~~----~------ " G~ ~~ -~<'~'%~'%'~=~~ --, ,~" "''''''-'''-. ,.,. "- " '''-'''- '\'c ',,- '''-. " ". ~- ~ ~- ~ >;:: ~. ~ <: ~ l"~ C} ~ ~ Q , r:~~------f - - j - ~P1 " <: "C r J ::-1[:::: "~ '- ~ ~~ / --- ~ 4ft- ~ L""" '-J r-1-"~ -,: l-'~ ' < 1'0 -; 2: r= ~ 1 ..__- Ql .-? '270. OJ' 1500.04' / ~/ / /-' / ~ ~~ ~ -~ ~ ,~ \ I ;g1:J O~ f.n1:J ()~ ;:;:g] o ~ ~ :JJ -< ~ .., g .; ~ lnCJC:: ~~ 1-, :;:::t ~~------'--', ~ c ~r ~ -------- .-? Ot ~Cc Ui. " ]] m ~ ~ " ;:, P PI : 1l':C )0 ~ [;> [> ~ c. ~~ ~ ]] ~ ,~ ~l- . >C m ~ ~ I~ ! - J ~~~ 0 ~~~ ~~~ ~~ (J) I, ;0> ~ ~~~ ~~~ ~~~ ~r~ ~O' ;i~ 2~ ::! >< ~ I" "n?; ~~~~~ ~:r!; ~J~ ~8~ ~ ! ;;;~ iH ~~2~~ ~e~ ~8~ \i!g,~ iIi~~ ~~~~~ ' ~, ~~~ ~~~ ~ * '~ ~~ ! ->-j ~. ~n~~ ~~~ ~~~ ~a~~ ~~* ~~~ ~~ :t~ ~ f}i ~~ ~J;; ~ ~~~"~ ~<")~ ~ ~ ;~ ~;~ ~~;~ 2'~ o~~ -~ ~~ '~~~; OM~ ~~~ ~~~ "~ ~~ (J) O~~'; ~~~ ~~~~ ~;~ fiE ~, ~~o~ fi1~r2 ~ ~ 8~ ~~ ~~, ."~ ::~ ~~ ~~~~ ~~~ ~~- ~~ Y'~_~::; ~~ -", .~~ ~~ ~ > ~ih~ ~~ """,-SJ r;~ 5J~ ~~~~"" ~~~ ~~ ~~: -~. ~~LI :s::: -Q;~ ~~~.~ ~~~ ~~ ~~ ~~~ ~~; i~ ~~ Cri ('") ~~ ;~~s:~ ~~" ~'i u ~~i .' <O~ r5~::(~;J ~2~~~ ~~ .' .,. "i~ .' ;]~ ~.~~ .~~ c:~ <:: ~~ ~~O~a ~~~ ~~ ~~ ~~a ~3 ~,,- "" m~~ !~~~S ~~~ ~~ .~ --10 :c~ i~L~ tip i~~ 8.~ ~~.~ ~~ ~' ~~ ~"o ~~ ~~ Qr-)> m ~ . ~~1i~~ ~~ ,"or;: ~o~ ~~ ~~ &>fJ;:'A",! <)~;;;! ~~ ~.~ ~~~ -<~-<c " ~"")o.~:t. ~~;g~)o. !~ ~~~ ~~ -~~ ~.;jV\ ~~~ g~ ~~ ~ -I ~~ ~~~Ol ~~~~~ . ~ ,..~ :~ - 8 ~~ ~~~ ~o~ ~~ ~:>i i~ ~< ~~ i;~ () :em 0 ~QlI1ft~ b~ ~~.M ~~ ~~~ ~g~ ,~ :T Z 01 ~o ~~~~~ ~~~~~ ~~ ?;;~ ~~ ;~~ .~ " ~~ ~~ t:c; p~ ;~ ~~- Q~ ~~ i 5. G))> -I I ~~ ~~~~~ ~~VI~~ ~~ .~ ~I ~U . ; ~~~>~ ~a ~~ ~~~ ~. !I>> z> 0 ~o ~~~.~ ~;~~~ .~ ~~ ~~ ~. ~~ ~~ ~~ ':S;m -I (0 ~8 ~~ g! "e .,~ 8~ i 1& 0 < ;eg ~~~cs e~F'iC! &" ""8 ~; 9, ~o ~~ ~ )> " ~~~; ~~~~ ,0 ~~ ~~ ~~ .~ ~Q ! :I: m n~ ~o ~~ ~~ '" :~ ;~ ~ ~ f "".J :s::: ~, ~~ '" ~~ ~ ~~ > ~ -- ~: ~ 2 ~ 0 ~ ' > ~ ~ i "'C ~ i en 0 01 :I: 01 m ,., ~ Exhibit "B" Otay Ranch Village Seven Revised Tentative Subdivision Map (C.V.T.05-09A) CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related Final Map as detennined by the Director of Planning and Building, the City Engineer, and the Director of General Services (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. All of the tenns, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the tenn "Developer" shall also mean "Applicant". (Planning) 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Village Seven Sectional Planning Area (SPA) and Tentative Maps (TMs) Final Second-Tier Environmental Impact Report (Final EIR 04-06) and associated Mitigation Monitoring and Reporting Program (MMRP) and addendums to FEIR-04-06; Otay Ranch Village Seven Sectional Planning Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan (PFFP); Parks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement Plan (AQIP), Water Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. (Planning) 3. If any of the tenns, covenants or conditions contained herein shall fail to occur or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted including issuance of building pennits, 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 Page I of33 seek damages for their violation. The Applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. (Planning) 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Village Seven SPA, Tentative Maps, and Second Tier EIR (EIR 04-06) and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. (Planning) 5. The Applicant shall comply with all applicable Village Seven SPA conditions of approval, (PCM 04-05) as may be amended from time to time. (Planning) 6. Prior to the approval of the first "A" Map for the Project, Applicant shall prepare and submit, to the satisfaction of, and as deemed necessary by the Director of Planning and Building, an updated Sectional Planning Area (SPA) Plan, and supporting regulating documents including, but not limited to text, exhibits, and tables for the Village Seven SPA Plan; Planned Community District Regulations; Village Design Plan; Public Facilities Finance Plan; Affordable Housing Plan Air Quality Improvement Plan; Water Conservation Plan; Non-Renewable Energy Conservation Plan; Parks, Recreation, Open Space and Trails Plan; and applicable environmental documents. (Planning) 7. Any and all agreements that the Applicant is required to enter in hereunder shall be in a form approved by the City Attorney. (Planning) 8. A reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to the GDP/SRP, as amended from time-to-time. (Planning) 9. In accordance with mitigation measure 4.3-2 of the Final EIR 04-06 and Addendum to FEIR 04-06, the City within Village Seven may issue no more than 400 building permits prior to the completion of SR125 to the International Border. Notwithstanding the foregoing, the City may issue additional building permits if the City Council, in its sole discretion, determines that each of the following conditions have been met: 1) SR125 is constructed and open between SR54 and Olympic Parkway; and 2) traffic studies, prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the opening of SR125 to Olympic Parkway provides additional capacity to mitigate the project's cumulatively significant traffic impacts to a level below significance without exceeding GMOC traffic threshold standards. Alternatively, the City may issue building permits if the City Council, in it's sole discretion, has approved an alternative method to implement the City's Growth Management Ordinance, as may be amended from time to time. (Engineering) Page 2 of33 10. The Applicant shall comply with the tenns of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and Building. (Planning) ENVIRONMENT AL 11. The Applicant shall implement, to the satisfaction of the Director of Planning and Building and Environmental Review Coordinator, all environmental impact mitigation measures identified in Final EIR 04-06 (SCH# 2003111050) and addendums, the candidate CEQA Findings and MMRP for this Project. (Planning) 12. The Applicant shall comply with all applicable requirements of the California Department of Fish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Anny Corps of Engineers. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the Applicant shall comply with all applicable requirements prescribed in Final EIR 04-06 (SCH# 2003111050) and MMRP. (Planning) 13. The Applicant shall apply for and receive a take pennit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game, or comply with the approved City of Chula Vista MSCP Subarea Plan, if applicable to the Proj ect. (Planning) 14. Prior to the approval of each final "B" Map for the Project, the Applicant shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) and "Preserve Conveyance Schedule," as approved by City Council on June 4, 1996, and as may be amended from time to time by the City. (Planning) 15. Prior to the issuance of the first grading pennit (including clearing and grubbing) for the Project, the Applicant shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. (Planning) 16. Simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee title or by easement, the Applicant shall cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. In addition, Applicant shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. (Planning) 17. Prior to the approval of each final "B" Map for the Project, Applicant shall comply with all requirements of the Village Seven SPA Plan Agricultural Plan. (Planning) 18. The Developer agrees to convey fee title, or upon the consent of the Preserve Owner/ Manager (POM) and any lien holder, an easement restricting use of the land to those pennitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each Final Map for an amount of land equal to the Final Map's obligation to Page 3 of33 convey land to the Preserve. Where an easement is conveyed, the Developer agrees to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Developer shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each Final Map is subject to a condition that fee title shall be granted upon demand by the POM. The developer further agrees to maintain and manage the offered conveyance property consistent with Phase 1 and 2 RMP guidelines until such time when the POM has accepted the conveyance property. (Planning) 19. Prior to approval of the first "B" Map for the Project, at the request of the City Engineer, Developer shall take all necessary steps to include the Project area within Improvement Area "A" of the Otay Ranch Preserve Maintenance District (CFD. No. 97-02). (Engineering) SPECIAL CONDITIONS OF APPROVAL 20. In accordance with mitigation measure 4.4-1 of the Final EIR 04-06 and associated MMRP, an acoustical study confirming wall geometrics and conformance with the City's noise threshold for residential units along Birch Road and La Media Road shall be approved by the Environmental Review Coordinator prior to grading permit. A noise barrier plan shall be prepared in conformance with the aforementioned study as well as the noise analysis contained in Final EIR 04-06 and the associated MMRP. The noise barrier plan shall be submitted for review and receive approval by the Director of Planning and Building, Environmental Review Coordinator, Director of Public Works and Director of General Services prior to issuance of the first grading permit for the Project. This noise barrier plan shall be incorporated into the wall and fence plan, a component of the Landscape Master Plan. Should Developer request modification of the approved wall and fence plans, Developer shall provide additional acoustical analysis if required by the Director of Planning and Building and Environmental Review Coordinator. Noise barriers shall be constructed within dedicated open space lots and shall not be constructed on private property unless a MHOA is formed to maintain sound barriers to the satisfaction of the Director of Public Works and the Environmental Review Coordinator. (Environmental, Engineering) 21. Unless required noise barriers are constructed, no building permits shall be issued for those lots within the noise contour of 65 CNEL or greater as described in the Acoustical Impact Analysis by Giroux & Associates, dated June 1, 2004 and the Noise Technical Report for Otay Ranch Village Seven by RECON, dated February 23, 2004, unless earlier modified by agreement with the City of Chula Vista and Applicant. (Environmental, Engineering) 22. Applicant shall make a good-faith effort to coordinate development and implementation of the Village Seven SPA Plan Area with all other developers/applicants within Village Seven including phasing, grading, improvements and dedication of right-of-way. (Planning) 23. The following conditions of approval are based upon the project having multiple Final Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". A Final "B" Map is defined as a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land into individual single or multi-family lots, or contains a subdivision of the multi-family lots shown on the Tentative Map. The "B" Map shall be in substantial conformance with the Page 4 of 33 related approved final "A" Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Pinal 'B' Map. (Engineering) 24. Prior to approval of the first final "B" Map for the Project within the Tentative Map, the developer may submit and obtain the approval of the City of a master Pinal Map ("A" Map) over the portion of the tentative map within each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" Map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or parcel map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The "A" Map may contain single-family residential units. An "A" Map shall not be considered the first Pinal Map as indicated in the conditions of approval unless said Map contains single family lots, stock co-operative, community apartment, condominium lots or multi-family lots as shown. (Engineering) 25. The subsequent development of a multi-family lot which does not require the filing of a "B" Map shall meet, prior to issuance of a building pennit for that lot, all the applicable conditions of approval of the tentative map, as detennined by the City Engineer. (Engineering) 26. In the event of a filing of a final 'B' Map which requires oversizing of the improvements necessary to serve other properties within the Project, said Pinal Map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances). (Engineering) DESIGN 27. Any proposed monumentationlsignage shall be consistent with the Village Seven Village Design Plan and shall be reviewed and approved by the Director of Planning and Building prior to approval ofthe appropriate Pinal Map. (Planning) 28. Prior to issuance of the first building pennit, Applicant shall submit for review and approval a sign program to the Director of Planning and Building. Prior to issuance of the first building pennit, Applicant shall post temporary signs on all neighborhoods within the Project indicating the future land use(s) for said sites with signage consistent with the sign program. Temporary signs shall be maintained in place until such time as a project is approved for any such future land use site. (Planning) 29. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one I-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 Pinal Map. (Planning, General Services) Page 5 of 33 30. Street parkways shall be no less than 7.5 feet in width for the planting area, except as approved by the City Engineer. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Seven Design Plan, Village Seven SPA Plan and Landscape Master Plan and shall be approved by the Directors of Planning and Building, General Services and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees, as approved by the Director of General Services and the Director of Public Works. (Planning, General Services) 31. The Applicant shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director of General Services and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Applicant further agrees to provide City documentation, acceptable by the Director of General Services and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain street tree identification stakes in the locations as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. (Engineering, Planning, General Services) 32. Prior to the first Final Map for the Project, Applicant shall submit to and obtain approval by the City Engineer and the Director of Planning and Building a SPA-wide signage plan, if such plan has not been already produced by the Applicant for another Final Map within the SPA. Such plan shall address trails, cart and off-street bicycle circulation and street crossing. Such plan shall include sign colors, materials, heights, location and lighting. Applicant shall install approved signs concurrent with related improvements or upon request by the City. (Engineering, Planning) Page 6 of 33 PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit, Sewer, Water, Drainage, Grading) 33. Developer shall dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the first "A" Map and those "B" Maps, which trigger improvements as set forth in the Village Seven PFFP, the Applicant shall construct or enter into an agreement to construct and secure all street improvements as required by the PFFP, as may be amended from time to time. The Developer shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. (Engineering) 34. Construct a protective fencing system at the inlets and outlets of storm drain structures, as and when directed by the City Engineer. The final fencing design and types of construction materials shall be subject to approval of the City Engineer. (Engineering) 35. Construct energy dissipators at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 36. Prior to approval of each Final Map for the Project, acquire and then grant to the City all off- site rights-of-way and easements necessary for the installation of required street improvements and/or utilities, subject to the City's Subdivision Ordinance and the State Subdivision Map Act. (Engineering) 37. Concurrent with approval of each Final Map for the Project, the Applicant 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 in the Otay Ranch Village Seven SPA PFFP, 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. The amount of the security for required improvements, including landscape and irrigation plans, shall be 110% times a construction cost estimate approved by the City Engineer and the Director of General Services if related plans have been approved by the City, 150% 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. The landscape and irrigation (L&I) bond, at a minimum, shall be based on a 90% complete Landscape Master Plan, to the satisfaction of the Director of General Services. A lesser percentage of bonding may be allowed if it is demonstrated to the satisfaction of the City Engineer and the Director of General Services that sufficient data or other information is available to warrant such reduction. (Engineering, General Services) 38. Uponapproval of the final "B" Map for the Project that triggers the Cumulative DU's, ("Table 'A"') below, consistent with the Village Seven PFFP, as may be amended from time Page 7 of 33 to time, Developer shall construct or enter into an agreement to construct and secure, in accordance with Section 18.16.220 of the Municipal Code, the required street improvements: (Engineering) Table" A" Village Seven Public Facilities Matrix Public facilities required to be constructed by Village Seven And cumulative unit tri2:2:ers Facility Description Cumulative Roadway Unit Tri2:2:ers. 1 La Media from Birch Road to Santa Luna Street 13 2 Santa Luna Street from La Media Rd. to Magdalena Ave. 13 3 Magdalena Avenue - Birch Road to Webber Road 1 4 Magdalena Avenue - Webber Road to Wolf Canyon Drive 120 5 Magdalena Ave. - Wolf Canyon Loop to Fleishbein Fred A St. 200 6 Magdalena Avenue - Fleishbein Fred A. St. to Santa Luna St. 1 (3) 7 Rock Mountain Rd. - Half Width La Media to SR-125 (2) 8 Sidewalk along south side of Birch Rd. (4) (1) Developer shall agree to construct and to secure the facility prior to the Final Map that triggers the cumulative DU's or EDU's as defined in this Table. (2) The ROW for these improvements will be dedicated prior to the approval of the first Final Map as provided in the PFFP: if a grading pennit for the High School site has been issued, or the High School project is approved by the Division of the State Architect. Developer shall agree to construct and secure the improvements prior to the approval of the first Final Map. The time to perfonn the construction ofthese improvements may be extended by the City Engineer. (3) The number of units prior to construction of these facilities may be increased at the sole discretion of the City Engineer, but in no event in excess of 350 units in all of the Village Seven project, in accordance with the PFFP as follows: I) ifit is detennined that the enrollment in High School is less than or equal to 1,600; and 2) a traffic study is submitted to and approved by the City Engineer that demonstrates that the intersection of Birch Road and Magdalena Ave. will meet both LOS and design standards criteria; and 3) Developer shall provide evidence that grading operations for these facilities are substantially completed and that roadway improvements for these facilities are progressing adequately toward completion. (4) Upon completion of the grading along Birch Rd. the sidewalk shall be constructed in accordance with the approved Improvement Plans for Birch Rd. 39. Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering) 40. The Applicant shall participate in the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subject to the approval of the City Council. The Applicant will receive appropriate credit for such participation. (Engineering) 41. Prior to approval of any Final Map for the Project which triggers the installation of the related street improvements, Applicant shall enter into an agreement, to the satisfaction of the City Engineer, to construct and secure fully activated traffic signals, including interconnected wiring, at the following intersections: Page 8 of33 INTERSECTIONS . La Media Road and Santa Luna . Wolf Canyon Loop and Magdalena Avenue . Magdalena Avenue and Peabody · Magdalena Avenue and Santa Luna . Rock Mountain Rd. and Magdalena Ave. The applicant shall fully design the aforementioned traffic signal in conjunction with the improvement plans for the related streets. The developer shall install underground improvements, standards and luminaries in conjunction with the construction of the applicable street improvements. In addition, the Applicant shall install mast ann, signal heads, and associated equipment when traffic signals warrant as determined by the City Engineer. (Engineering) 42. Submit to and obtain approval by the City Engineer of striping plans for all promenade, collector or higher classification streets simultaneously with the associated improvement plans. (Engineering) 43. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, and the recommendations contained in the approved Fire Protection Plan, Urban- Wild land Interface Area for Village Seven, as may be amended from time to time. Prior to the approval of the first Final Map, a fire access and water supply plan prepared by a licensed engineering firm, which has been determined to be qualified in the sole discretion of the Fire Marshall, shall be submitted to for approval by the City OfChula Vista Fire Department. The plan shall detail how and when the Applicant shall provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: 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 of 15 feet. c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Department. (Fire, Planning, Engineering) 44. Depending on the location of improvements such as cul-de-sacs, alleys, driveways or when special circumstances exist in a subdivision design, as determined by the Fire Marshal, the Applicant shall install additional fire hydrants upon request and to the satisfaction of the Fire Department. (Fire, Planning, Engineering) 45. 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 Page 9 of33 stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline intersection). (Engineering) 46. 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 distance easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual and City of Chula Vista policies, where a conflict exists, the City of Chula Vista policies shall prevail. Lighted SAG vertical curves may be permitted, with the approval of the City Engineer, at intersections per American Association of State Highway and Transportation Officials (AASHTO) standards. (Engineering) 47. Prior to approval of each Final Map for the Project, the Engineer-of-Work shall submit and obtain approval by the City Engineer a waiver request for all subdivision design items not specifically waived on the Tentative Map, and not conforming to adopted City standards. The Engineer-of-work request shall outline the requested subdivision design deviations from adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer's sole discretion. (Engineering) 48. Applicant shall enter into an agreement with the City, prior to the approval of the first Map for the Project whereby the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Seven Design Plan and Village Seven PFFP and as approved by the Directors of Planning and Building and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley, BRT System or other transit system. (Engineering) 49. Alleys shall be constructed to City ofChula Vista standards. (Engineering) 50. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet applicable "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of- way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, after construction has commenced. (Engineering) 51. The Applicant shall not install privately owned water, reclaimed water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: Page 100f33 a. The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment pennit for installation of the private facilities 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 perfonned in the area; and, IV. The tenns of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as detennined by the City Engineer are provided at those locations where private facilities traverse public streets. (Engineering) 52. 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) 53. Prior to issuance of any grading pennit based on plans proposing the creation of down slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a study to detennine the necessity of providing guardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated construction pennit as detennined by and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer. (Engineering) 54. Prior to approval of each Final Map for the Project, Applicant shall agree to install pennanent street name signs, and shall install such signs prior to the issuance of the first building pennit for production homes for the applicable Final Map. (Engineering) 55. Left and right turn storage lengths shall be provided as recommended in the Linscott, Law and Greenspan Traffic Study for Village Seven, dated June 7, 2004, or as required by the City Engineer (Engineering). 56. Prior to the approval of the first Final Map, the applicant shall secure the installation of one pennanent traffic count station by making a cash deposit in the amount of $17,500. (Engineering) GRADING AND DRAINAGE 57. The Applicant shall provide drainage improvements in accordance with the Master Drainage Study for Otay Ranch Village Seven, dated May 20, 2004, and the Preliminary Water Quality Technical Report for Otay Ranch Village Seven, dated May 21, 2004 or a subsequent Hydrology Study submitted to and approved by the City Engineer. The Applicant shall maintain all such drainage improvements until said improvements are fonnally accepted by the City or an applicable maintenance district, or other mechanism as approved by the City. Said maintenance shall ensure that drainage facilities will continue to operate as designed. (Engineering) Page 11 of33 58. Prior to approval of any grading pennit or any other grant of approval for constructing the proposed extended detention and water quality basins, whichever occurs earlier, the Applicant shall demonstrate that the design of the proposed extended detention and water quality basins would reduce the 2-, 10- and 100-year post-development peak flows, to any natural drainage course to an amount not exceeding pre-development conditions, to the satisfaction of the City Engineer (Engineering) 59. Stonn drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which stonn water that is collected from public street right-of-way, public park or open space areas is first introduced into the system. Downstream from that point, the stonn drain system shall be public. An encroachment pennit shall be processed and approved by the City for private stonn drains within the public right-of-way or within C.F.D. maintained Open Space lots. (Engineering) 60. 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) 61. Prior to the issuance of any grading pennit which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of pennission to grade and drain for all off-site grading. (Engineering) 62. Stonn drain design shall confonn to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. (Engineering) 63. Provide improved all-weather access with H-20 loading, based on a minimum traffic index (TI) of 5, to all public storm drain clean-outs or as otherwise approved by the City Engineer. (Engineering) 64. All City maintenance access roads shall be 12' min. width and designed for H-20 (min. TI of 5) loading. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on center each way) and heavy broom finish for any access road with grades of 8% or greater. Access roads greater than 5% but less than 8% must, at minimum, be asphalt concrete designed to carry H-20 loading. All other access roads at grades less than 5% may be Class II base. In addition, maintenance pads adjacent to the inlet structures shall be a minimum of 6- inch PCC (reinforced with #4 bar at 18" on center each way) designed for H-20 loading with a heavy broom finish. Additional paving requirements in excess of the above may be required when detennined necessary at the discretion of the Director of Public W orks- Operations (Engineering) 65. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. (Engineering) 66. Grant on the appropriate final "B" Map a 15-foot minimum drainage and access easement for public stonn drain lines located between residential units unless otherwise directed by the Page 12 of33 City Engineer. All other public easements shall meet City standards for required width. (Engineering) 67. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Developer, and successors in interest, shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Applicant shall comply with the City of Chula Vista Development and Redevelopment Projects Storm Water Management Standards Requirements Manual (Storm Water Management Standards Manual) and shall design the Project's stonn drains and other drainage facilities to include Best Management Practices (BMP's) to minimize non-point source pollution, satisfactory to the City Engineer. (Engineering) 68. Submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of grading plans. (Engineering, Planning) 69. 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 15 degrees from perpendicular to the contours. (Engineering) 70. Brow ditches perpendicular to slopes greater than 10 feet in height and steeper than 3: 1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The Applicant shall ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property. Brow ditches and channels from private property shall not be routed through City open space unless approved by the City Engineer. (Engineering) 71. Indicate on all affected grading plans that all walls, which are to be maintained by open space districts, shall be constructed entirely within open space lots dedicated to the City. (Engineering) 72. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the City Engineer and Director of Planning and Building. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. (Engineering, Planning) Page 13 of33 73. Provide a mInImUm of three (3) feet of flat ground access from the face of any City maintained wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved by the City Engineer. (Engineering) 74. Provide a setback, as detennined by the City Engineer and is based on Applicant's Soils Engineer recommendations, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer will not approve the creation of any lot that does not meet the required setback. (Engineering) 75. Construct temporary de-silting basins to the satisfaction of the City Engineer. The exact design and location of such facilities shall be based on hydrological modeling and detennined pursuant to direction by the City Engineer. (Engineering) 76. Developer shall submit a drainage study to the satisfaction of the City Engineer with each grading pennit application showing that any interim conditions do not adversely impact downstream flows. (Engineering) 77. Prior to issuance of grading pennits, Applicant shall demonstrate that the grading plans are in substantial compliance with the grading concepts outlined in the Village Seven SPA Plan consistent with the landfonn grading policies described in the City's General Plan. Said grading concepts will ensure that manufactured slopes are contoured to blend with and reflect adjacent slopes. (Engineering, Planning) 78. Prior to the approval of the first Map for the Project, or issuance of the first grading pennit for the Project, whichever occurs earlier, Applicant shall enter into an agreement with the City of Chula Vista, wherein the Applicant agrees to the following: a. Comply with the requirements of the Stonn Water Management Standards Manual including revision of approved grading and or improvement plans as necessary b. Indemnify, and hold hannless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses and damages arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non- compliance results from any action by the Applicant, any agent or employee, subcontractors, or others. The Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. To not protest the fonnation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. Such Applicant obligation may be reassigned to a Master Homeowner's Association or other appropriate Maintenance District subject to the approval of the City Engineer. (Engineering) Page 14 of33 SEWER 79. Sewer access points shall, unless otherwise approved by the City Engineer and the Director of Public Works: a. Be located at the centerline 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 Promenade Streets and higher street classifications; 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 as approved by the Director of Public Works; and, f. Be provided at all changes of alignment of grade. (Engineering) 80. Prior to the first final "A" Map, the Applicant shall agree to participate and shall thereafter participate in any necessary funding for implementing a Poggi Canyon sewer trunk- monitoring program, as determined by the City Engineer. The sewer trunk-monitoring program shall include an analysis of the remaining capacity of the Poggi CanyonJDate-Faivre sewer system. The analysis shall demonstrate to the satisfaction of the City Engineer that sufficient capacity exists for the number of EDUs contained in all Final Map for the Project submitted to the City pursuant to the limits set forth in the PFFP. The analysis shall include all flows, including pumped flows, entering the Poggi Canyon Trunk Sewer, not just from Village Seven, or from within the Poggi Canyon gravity basin. 81. The Village Seven sewer improvements shall be consistent with the Village Seven Conceptual Sewer Study, dated April 14, 2004 or a subsequent Sewer Study submitted to and approved by the City Engineer. (Engineering) 82. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1 % and/or a velocity of 2' per second, or as approved by the City Engineer. Sewer lines shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 83. Grant on the appropriate final "B" Map a 20-foot minimum sewer and access easement for sewer lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. (Engineering) 84. Prior to issuance of any building permit for equivalent dwelling units (EDU' s) 1 through 105 in Project, the Poggi Canyon Gravity Sewer DIF in effect at the time of issuance shall be applied to each building permit. After issuance of the 105th EDU the Salt Creek Interceptor DIF in effect at the time of issuance shall be applied to each building permit, regardless of which sewer basin the unit is located. (Engineering) Page 15 of33 PARKS AND OPEN SPACE 85. The Village Seven Project shall satisfy the requirements of the Parkland Dedication Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter 17. The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the dedication of parkland and the payment of PAD fees that enable the provision of a 7.0 net useable-acre Neighborhood Park (P-l). The remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of General Services. Common useable open space (CUOS) shall not receive park credit. (General Services) 86. Prior to approval of the first "A" Map for the Project, the Applicant shall comply with the provisions of the City of Chula Vista Parks and Recreation Master Plan as adopted and as it affects facility and other related requirements for the Project's parks. (General Services) 87. Prior to the approval of the first "A" Map for the Project, Applicant shall have prepared, submitted to and received approval from the Director of General Services of a comprehensive Landscape Master Plan (LMP) for the Project. Such approval shall be indicated by means of the Director of Planning and Building, or designee's signature and date on said Plan. The contents of the LMP shall conform to the City staff checklist and include the following major components: a. Maintenance Responsibility Plan (delineates private and public property and indicates the maintenance responsibility for each); b. Master Irrigation Plan (includes mainline and point of connection locations); c. Master Planting Plan (includes landscape concept statement); d. Brush Management Plan (identifies brush management zones and treatment, if any); e. Hardscape Concept and Trail Plan (identifies types and finishes of paving); f. Utility Coordination Plan (includes locations of major utility boxes and vaults); g. Conceptual Wall and Fence Plan (includes the previously approved noise barrier plan); and h. Monumentation and Signage Plan (includes enlargements of entry monument locations and signage concepts) 88. Within 90 days of approval of the applicable final "B" Map, enter into a maintenance agreement and grant easements as necessary for landscaping and improvements maintained by a Homeowners Association within City right-of-way or such other public areas required by the City. (Engineering, General Services) Page 16 of33 89. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare, submit, 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 from the date of issuance 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 of the 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 time frame 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, General Services) 90. Prior to the approval of any final "B" Map for the Project, the Applicant shall obtain approval of a Wall and Fence Plan from the Director of Planning and Building. The Wall and Fence Plan shall be in conformance with the Village Seven SPA plan and shall identify location of walls, constructions materials and color, and wall and fence types. The plan shall also identify location and type of trial signage proposed throughout the development. Final wall design, location and construction details, including fencing and signage, shall be shown on the Wall and Fence Plans and shall be subj ect to approval by the Director of Planning & Building. (Planning) 91. The conceptual Wall and Fence Plan for the Project shall be included in the Project's Landscape Master Plan and shall indicate color, materials, height and location. Materials and color used shall be compatible and all walls located in comer side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. All walls shall be constructed pursuant to Final EIR 04-06 and the Village Seven SPA Plan. Upon request of the Director of General Services, Applicant shall update the Project's Landscape Master Plan to conform to any substantial changes made subsequent to the initial approval of the Plan (Planning, General Services) 92. Prior to Applicant constructing a solid masonry, view wall or like wall which will adjoin a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is subject to the approval of the Director of Planning and Building. Applicant shall work together with other developers of Village Seven to the satisfaction of the Director of Planning and Building in order to construct transitions between adjoining walls. (Planning) 93. Prior to the issuance of each street construction permit for the Project, the Applicant shall prepare and secure, to the satisfaction of the City Engineer and the Director of General Services, street improvement Landscape & Irrigation Plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the Village Seven SPA Plan, as may be amended from time to time. Applicant shall install all improvements in accordance with approved plans to the satisfaction of the Director of General Services and the City Engineer. (General Services, Engineering) Page 17 of33 94. Prior to the approval of the first "A" Map, the Applicant may enter into an agreement with the City of Chula Vista to pay a portion of the Park Development Fees, which in the discretion of the Director of General Services, is sufficient to fund the design of the neighborhood park. The balance of the PAD Fee obligation shall be met in the manner stated in CVMC Section 17.10.100, collection and distribution of fees. In the absence of a written agreement provided for herein, the applicant shall pay all applicable PAD fees prior to the recordation of the first Final Map, whether an "A" or "B" Map. (General Services) TRAILS 95. All trails shall be bonded/secured and constructed with the approved rough grading, and connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Directors of Planning and Building and General Services. (Planning, General Services) 96. The Regional Trial shall be extended off-site easterly to connect with the Village Pathway on Magdalena to the satisfaction of the Director of General Services. When trails extend to the property limits and are intended to continue into an adjacent property, Developer(s) agree(s) to coordinate alignments, trail and fencing materials and construction methods so as to provide a seamless transition from one ownership to another. (General Services) 97. Prior to the approval of any Final Map with open space lots for the Project, Applicant shall provide an easement to the City, in a form approved by the City Attorney, for all trail alignments. (General Services) 98. The Applicant shall, concurrent with the construction of the Wolf Canyon channel and Detention Basins, construct a "Regional Trail" along the south side of the channel and basin from Magdalena Avenue to La Media Road as depicted on the Parks, Trails and Open Space Plan in the Village Seven SPA Plan, which shall be designed to incorporate the Project's Landscape Master Plan as approved by the City and as may be amended from time to time. The regional trail design shall be suitable for H-20 loading. (General Services, Engineering) 99. The Applicant shall, concurrent with the construction of La Media Road improvements, construct a "Regional Trail" along the east side of the street from Wolf Canyon to Santa Luna Street as depicted on the Parks, Trails and Open Space Plan in the Village Seven SPA Plan, and shall be designed to incorporate the Project's Landscape Master Plan as approved by the City and as may be amended from time to time. (General Services) 100. 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. Slope 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. (General Services)h Page 18 of33 101. Neighborhood connector trails located within the Project shall provide a minimum 6-foot wide decomposed granite (DG) or cement treated base (CTB) trail bed, or as approved by the Director of General Services. Where down slopes (exceeding 4: 1) occur adjacent to the trial, an additional 4-foot graded shoulder shall be provided with split-rail fencing centered in the shoulder. Where up slopes occur adjacent to the trail a 2-foot shoulder (with a 2% maximum cross-slope) shall be provided. Shoulders shall be planted and irrigated in accordance with the most current edition of the Chula Vista Landscape Manuel, as amended from time to time. All trail construction materials shall be subject to the approval pf the Director of General Services. (General Services, Public Works) 102. Applicant shall obtain the approval of the Director of Planning and Building for appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail, Village Pathway, and Chula Vista Greenbelt. Said signage shall be included on the Wall and Fence Plan. Signage shall be installed upon the request of the Director of Planning and Building. (Planning) 103. Applicant agrees to comply with the current Regulatory Negotiation Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as may be amended from time to time, developed for: U.S. Architectural and Transportation Barriers Compliance Board when designing all trails and trail connections. (General Services) OPEN SPACE/ASSESSMENTS 104. In the event Developer wishes to request the fonnation of a Maintenance District or similar funding mechanism, the Developer shall submit an application packet for fonnation of a Community Facilities District (CFD), and submit the request for CFD fonnation to the City Council for consideration. The CFD shall be fonned prior to approval of the first "B" Map for the Project. Subject to the approval of the Director of Public Works, Developer shall submit a list of amenities, acreage and costs for all Open Space District lots including but not limited to the cost of any detention basin maintenance and structural stonn water quality BMP's within the Project. Developer shall maintain the open space improvements for a minimum period of one year or until such time as accepted into the open space district by the Director of Public Works. If Council does not approve the CFD fonnation, another financing mechanism such as a Master Homeowners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the first Map Along with submission of the application package for fonnation of the CFD, Developer shall submit an initial cash deposit in an amount to be detennined by the City Engineer to begin the process of fonnation of the Open Space District. All costs of fonnation and other costs associated with the processing of the open space relating to this Project shall be borne by the Developer. The Developer shall provide all the necessary infonnation and materials (e.g., tables, diagrams, etc.) required by the City Engineer for processing the fonnation of the proposed open space district. (Public Works) 105. Prior to the approval ofthe first final "B" Map, the developer shall: a. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building of the fonnation of a Master Homeowner's Association (MHOA), or another Page 19 of33 financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed financial mechanism. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final detennination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The MHOA fonnation documents shall be subject to the approval ofthe City Attorney; and, b. The developer shall submit for City's approval the CC&Rs, grant of easements and maintenance standards and responsibility of the MHOAs for the open space areas within the Project area. Developer shall acknowledge that the MHOAs maintenance of public open space, trails, parkways, and like areas may expose the City to liability. Developer agrees to establish a MHOA that will hold the City hann1ess from any actions of the MHOA 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 Otay Ranch Village Seven SPA and MHOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: 1. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of: 1) turf, 2) irrigated, and 3) non-irrigated open space to aid in the estimation of a maintenance budget thereof. 11. The proportional share of medians and parkways along La Media Road, Magdalena A venue and Birch Road (on site and offsite) and all other street parkways proposed for maintenance by the applicable Community Facilities District or Homeowners' Association. 111. The detention basin located in Wolf Canyon. IV. All stonn-water quality structural BMP's serving the Project. (Engineering) 106. Developer shall irrevocably offer for dedication in fee interest to the City on all applicable Final Maps, those open space lots shown on the tentative map to be maintained by an open space district. (Engineering) 107. Prior to the approval of each Final "B" Map, Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: Page 20 of 33 a. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: 1. All open space lots that shall remain private, 11. Other Master Association property. b. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The MHOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the MHOA. c. The MHOA shall defend, indemnify and hold hannless the City and its agents, officers and employee from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the MHOA. d. The MHOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the MHOA. e. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. g. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. h. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. 1. The CC&R's shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the same as any owner in the Project. J. The CC&R provisions setting forth restrictions in these Tentative Map conditions may not be revised at any time without prior written permission of the City. k. The MHOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the MHOA. 1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. (Engineering, Planning) Page 21 of33 108. Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow, which approval shall not be umeasonably withheld. (Engineering, Planning) 109. The CPF lot shall be maintained by a maintenance entity as detennined by the Director of Planning and Building based on City Council policy. The facilities in the CPF Lot shall be maintained by a maintenance entity include, but are not limited to: pavements, sidewalks, street lights including power supply, private drainage facilities and landscaping of private common areas. The CPF Lot, Common Usable Open Space area as described in the Chula Vista Design Manual, shall be landscaped, graded and contains amenities to the satisfaction of the Director Planning & Building. Construction shall be completed prior to the issuance of the final building pennit. (Engineering, General Services) 110. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope. Said area shall be as approved by the City Engineer and the Director of Planning and Building. (Engineering, Planning) 111. Developer shall ensure that all buyers of individual lots adjoining open space lots, containing walls maintained by the open space district, sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City or HOA property and that they shall not modify or supplement the wall or encroach onto the property. These restrictions shall also be incorporated in the CC&R's for all lots. (Engineering) 112. 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 are incorporated into and maintained by a Home Owner's Association or an Open Space District. (Engineering, General Services) 113. The developer agrees to not protest fonnation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. (Engineering) 114. Street parkways within the Project shall be maintained by an entity such as a Master Home Owner's Association (MHOA) or a Community Facilities District (CFD); private homeowners shall not maintain the parkways. Street parkways shall be designated as recycled water use areas, if approved by the Otay Water District and San Diego County Health. (Engineering, General Services) 115. Prior to issuance of any grading pennit which includes pennanent Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the Community Facility District (CFD), the developer shall place a cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion, with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as detennined by the City Engineer and the Director General Services, the deposit shall be used Page 22 of 33 to perfonn the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as detennined by the City Engineer. Any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the following: a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six months of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director of General Services. (Engineering, General Services) WATER 116. Prior to City acceptance of any open space lots, the Developer shall demonstrate to the satisfaction of the City Engineer, that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). (Engineering) 117. Prior to approval of each Final Map, present verification to the City Engineer in the fonn of a letter from Otay Water District that the subdivision will be provided adequate water service and long-tenn water storage facilities. The Applicant shall phase and install water system improvements as required by the Otay Water District. (Engineering, Planning) 118. Prior to approval of each Final Map, the Applicant shall present verification to the City Engineer in the fonn of a letter from Otay Water District that Otay Water District is able to provide sufficient water supply pursuant to Section 66473.7 of the California Government Code, as may be amended from time to time. (Engineering) 119. Prior to approval of the first Final Map for the Project, the Developer(s) shall provide a Subarea Master Plan (SAMP) for Village Seven, as approved by Otay Water District (OWD), which will also include an analysis of recycled water for open space slopes. When said SAMP is approved, the Developer(s) shall provide the water and recycled water improvements in accordance with the SAMP. The SAMP shall be consistent with the SPA Plan. If the SAMP is inconsistent with the SPA Plan, the Developer( s) shall be responsible for obtaining the approval by OWD of any amendment to the Village Seven SAMP in order for the Village Seven SAMP to be consistent with the approved SPA Plan prior to the approval of the first Map for the Project. (Engineering) EASEMENTS 120. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved Page 23 of33 by the City Engineer. Ensure that sufficient room is available for street tree planting when locating utilities within this easement. (Engineering) 121. Indicate on all appropriate "B" Maps a reservation of easements to the future Homeowners Association for private storm drain, if any, within open space lots as directed by the City Engineer. Obtain, prior to approval of each final "B" Map, all off-site right-of- way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. (Engineering) 122. Grant on the applicable Final Maps sight distance easements to the City of Chula Vista for comer lots, as required by the City Engineer to keep such areas clear of any obstructions. Sight distance easements shall be shown on applicable grading plans, improvement plans, and Final Maps, to the satisfaction ofthe City Engineer. (Engineering) 123. Design landscape and irrigation plans such that street tree placement is not in conflict with the visibility of any traffic signage. The Developer shall be responsible for the removal of any obstructions of said traffic signs to the satisfaction of the City Engineer. (Engineering) 124. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any Final Map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. (Engineering) 125. Grant to City on all appropriate final "B" Map, a 2-foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Planning and Building and the City Engineer to provide adequate access for maintenance of said walls. (Engineering) 126. Storm drain easements shall be private unless the storm drain systems therein are public. (Engineering) 127. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the Final Map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. (Engineering) 128. Prior to the approval of each Final Map for the Project, 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) 129. The developer shall notify the City at least 60 days prior to consideration of the first Map for the Project by City if any off-site right-of-way cannot be obtained as required by the Conditions of Approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: Page 24 of 33 a. Pay the full cost of acquiring off-site right-of-way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the Final Map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. e. Acquire and bond for offsite rights-of-way and easements to be dedicated to the City in order to comply with the PFFP schedule. Applicant shall bond for the off-site improvements as required by the City Engineer. (Engineering) 130. Grant on the Final Maps minimum IS' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of sewer facilities. (Engineering) 131. Provide minimum IS' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of storm drain facilities. (Engineering) 132. Provide easements for all off-site public storm drains and sewer facilities prior to approval of each Final Map for the Project requiring those facilities. The easements shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by the City Engineer. (Engineering) 133. Grant on all applicable Final Maps, easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Planning and Building. The City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 134. Grant on the appropriate Final Map, a 20- foot minimum sewer and access easement for sewer lines located between residential units, unless otherwise required by the City Engineer. All other easements shall meet City standards for required width. (Engineering) 135. Additional easement widths shall be granted to the satisfaction of the City Engineer and the Director of General Services to accommodate a 10-foot Regional Trial on the eastside of La Media Road from Wolf Canyon to Santa Luna Street. AGREEMENTS/FINANCIAL 136. Enter into a supplemental agreement with the City, prior to approval of each Final Map for the Project, where the developer agrees to the following: Page 25 of 33 a. That the City may withhold building permits for the Project in order to have the Project comply with the Growth Management Program, as may be amended from time to time, or if anyone of the following occur: 1. Regional development threshold limits set by a Chula Vista transportation-phasing plan, as amended from time to time, have been reached. 11. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the City Engineer. The Applicant agrees that the City may withhold building permits for any ofth~ phases of development identified in the Public Facilitics Financing Plan (PFFP) for Otay Ranch Village Seven SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. Page 26 of 33 b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Applicant of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the Final Map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: 1. Such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and 11. Any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any liability for erosion, siltation or increase flow of drainage resulting from this Project. (Engineering, Planning) 137. The Applicant shall enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. (Engineering) Page 27 of 33 138. Prior to approval of each Final Map for the Project, the Applicant shall comply with all previous agreements as they pertain to this tentative map. (Engineering, Planning) 139. Prior to approval of each Final Map for the Project, the Applicant shall contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. (Public Works) 140. The Applicant shall be required to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Applicant shall enter into an agreement, prior to approval of the first Map, with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. (Engineering) 141. Prior to approval of the applicable Final Map for the Project, Applicant shall construct and secure, or agree to construct and secure, the construction of transit stop facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be approved or determined by the City Engineer prior to approval of the aforementioned Final Map. Applicant shall design, subject to the approval of the City Engineer said transit stops in conjunction with the improvement plans for the related street. The City Engineer may require that Applicant provide security guaranteeing the construction of said transit stops in a form of cash or any other form approved by the City Engineer at his/her sole discretion. Since transit service availability may not coincide with project development, the Applicant shall install said improvements when directed by the City. (Public Works/Transit) 142. No final "B" Maps may be recorded within Village Seven SPA area until such time that an annexable Mello Roos District, or some other financing mechanism approved by the school district, to provide for the construction of needed elementary, middle and high schools is established. (Engineering) 143. Prior to approval of the first final "A" Map for the Project in order to satisfy their fair- share contribution for financing the transit system, the Applicant shall enter into an agreement with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance the transit system. (Engineering) 144. 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, General Services) Page 28 of 33 145. The Developer shall enter into an agreement with the City of Chula Vista, prior to approval of Developers' first Final Map, regarding the provision of affordable housing. Such agreements shall be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the Village Seven Affordable Housing Plan. (Engineering) MISCELLANEOUS 146. The Developer shall implement the final AQIP measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the Air Quality Improvement Plan (AQIP). (Planning) 147. The Developer acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures as technologies and/or programs change or become available. The Developer shall modify the AQIP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each Map approval within the Project. The new measures shall apply to development within all future map areas, but shall not be retroactive to those areas, which receive Final Map approval prior to effect of the subject new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula Vista Air Quality Improvement Plan Guidelines (AQIP Guidelines) as approved per Resolution No. 2003-260 and that such guidelines as approved and as may be amended from time-to-time shall be implemented. (Planning) 148. The Developer shall implement the final WCP measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the Water Conservation Plan (WCP). (Planning) 149. The Developer acknowledges that the City Council may, from time-to-time, modify water conservation measures as technologies and/or programs change or become available. The Developer shall modify the WCP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each Map approval within the Project. The new measures shall apply to development within all future map areas, but shall not be retroactive to those areas, which receive Final Map approval prior to effect of the subject new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No. 2003-234 and that such guidelines as approved and as may be amended from time-to-time shall be implemented. (Planning) 150. The Applicant shall install all public facilities in accordance with the Village Seven Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The Applicant further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100). (Engineering) Page 29 of 33 151. The Applicant agrees that the maintenance and demolition of all interim facilities (public facilities, utilities and improvements) is the Applicant's responsibility, and that construction, maintenance and demolition bonds will be required to the satisfaction of the City Engineer. (Engineering) 152. Within thirty (30) days of the City Council approval of these Map conditions, or prior to the submittal of the first Map for the Project, whichever occurs earlier, the Developer shall submit a digital drawing file of the tentative map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all Map sheets into a single CADD drawing, in DXF, DWG or Arc View (GIS) format and shall contain the following individual layers: a. Tentative Map Limits (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 312" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 153. Submit copies of all subsequent Tentative Maps, Final Maps, grading and improvement plans in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the maps shall combine all map sheets into a single CADD drawing, in DXF, DWG or Arc View (GIS) format and shall contain the following individual layers: a. Tentative and/or Final Map Boundaries (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) g. Open Space maintenance areas with maintenance codes (polygons, annotation) h. Public and private structural BMP's (annotation) The Tentative Map, Final Map, grading plan and improvement plan digital files shall also conform to the City of Chula Vista Subdivision Manual requirements therefore. The digital drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal on 312" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 154. On each Final Map, the boundary of the subdivision shall be tied to the California State Plane Coordinate System (NAD 83, Zone 6). (Engineering) 155. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended Page 30 of 33 from time to time, the Applicant shall complete the following: (1) Fund a fair share of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. (Engineering) 156. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City ofChula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well-rounded educational background and experience, including but not limited to land use planning and architecture. (Planning) 157. If Developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City I S Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work performed by the Developer prior to approval of the applicable "B" Map shall be at the developers own risk. Prior to permit issuance, the Developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance of a permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. (Engineering) PHASING 158. Phasing approved with the SPA Plan may be amended subject to approval by the Director of Planning and Building and the City Engineer. The PFFP shall be revised where necessary to reflect the revised phasing plan. (Planning and Building, Engineering) 159. If phasing is proposed within an individual map or through multiple Final Maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any Final Map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions Page 31 of33 change to warrant such a revision. The developer agrees that the City Engineer may change the timing of construction of the public facilities. (Engineering) 160. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative maps with improvements installed by Applicant in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the Project area. Throughout the build-out of Village Seven SP A, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Village Seven SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Village Seven SPAs facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern Village Seven SPA development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any transportation phasing plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. (Engineering) 161. Unless access, drainage and utilities are shown on the master Tentative Map to the satisfaction of the City Engineer and the Director of Planning and Building, prior to approval of any Final Map proposing the creation of multi-family housing for the Project, including any condominium project, community apartment project, or stock cooperative, as defined in the applicable sections of the Government Code, Developer shall agree to process, and thereafter process, a subsequent tentative map for said proposed condominium, community apartment, or stock cooperative project within the Project pursuant to Section 66426 of the Subdivision Map Act, unless waived in writing by the Director of Planning and Building and the City Engineer. (Engineering, Planning) CODE REQUIREMENTS 162. The Applicant shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Underground all utilities within the subdivision in accordance with Municipal Code requirements. (Engineering) 163. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Poggi Canyon or Salt Creek Sewer Basin DIF as applicable. Page 32 of 33 Pay the amount of said fees In effect at the time of issuance of building permits. (Engineering) 164. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. (Engineering) 165. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. (Engineering) 166. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering) REVISED TENTATIVE MAP CONDITIONS 167. Contribute fair share of the cost needed to complete the regional trail croSSIng at Magdalena Avenue. 168. The sidewalk shown in Detail "A" (Modified Cul-De-Sac) on Sheet 1 shall be 7-ft. wide around the curve and shown on the improvement plans. 169. The trails identified in Details "G" and "J" on Sheet 2 shall be identified as "Regional Trail" on the rough grading plans. 170. Provide a plan view layout of the 10-ft. D. G. Regional Trail on the east side of La Media Road to show its relationship to the 5-ft. sidewalk on Sheet 3. This layout shall be shown on the rough grading plans for the project. 171. The wall in Detail "D" on Sheet 4 to be located along Magdalena Avenue is to be CFD maintained, and the entire wall, including cap and footing, shall be located within the Magdalena A venue right-of-way on the rough grading plans. J: \PLANNING\HAROLD\RESOLUTIONS\PCS-05-09REVISED TM-EXHIBITB. DOC Page 33 of 33 PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 3/16/2005 ~ ITEM TITLE: Public Hearing: PCC-05-018 consideration ofa Conditional Use Permit for a Circle K located at 98 Bonita Road, which includes the demolition of the existing car wash and two of the. existing fueling dispensers and the construction of a new 2,916 s.f. convenience store which, along with gasoline sales, will operate on a 24 hour basis and include the sale of beer and wine. Fiedler Group. The Applicant, The Fiedler Group, submitted a request for a conditional use permit in order to demolish the existing car wash and two of the existing fueling dispensers and construct a new 2,916 square foot convenience store which, along with gasoline sales, will operate on a 24 hour basis and include the sale of beer and wine. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class I categorical exemption pursuant to section 15301 of the State CEQA guidelines. Thus, no further environmental review is necessary RECOMMENDATION: That the Planning Commission adopt Resolution PCC-05-18 to allow the 24 hour operation and beer and wine sales for a new 2,916 square foot convenience store, subject to the conditions contained therein. DISCUSSION: 1. Project Background On December 13, 1995, the Planning Commission approved a conditional use permit (PCC 96-04) for the demolition of an existing building containing automotive service bays, and the construction of a new cashier booth, automated car wash, an additional gas island (two additional pumps), and 24- hour operations for gasoline sales only for an existing service station located on the project site. Hours of operation for the car wash were restricted to the hours of7:00 am to 8:00 p.m. In order to mitigate against potential noise impacts from the car wash, a condition of approval required a masonry wall be constructed at a height of between 7 and 9.5 feet and extend approximately 20 feet in an easterly and westerly direction from the car wash building, along the south property line. 2. Project Setting The project site is a relatively level 20,606 s.f. parcel located at the southwest comer of Bonita Road and Bonita Glen Drive, west ofI-805. The site currently contains 6 gas pumps, an existing cashiers booth and food mart, and an automated car wash to the rear of the site. Page 2 I Item: Meeting Date: 3-16-2005 3. General Plan, Zoning and Land Use The proj ect is zoned CN (Neighborhood Commercial), and has a General Plan Land Use Designation of Commercial. The following table specifies the existing land uses surrounding the parcel: General Plan Zoning Current Land Use Site: Retail Commercial CN, Neighborhood Commercial Service Station with car wash CVP (Visitor Commercial) Restaurant, Hotel R3D (Multi-Family Residential) Apartments CCP (Central Commercial) Service Station CNP (Neighborhood Commercial Commercial Center North: South: East: West: Visitor Commercial High Density Res. Retail Commercial Retail Commercial 4. Project Description The project includes the demolition ofthe existing car wash and two ofthe existing fuel dispensers and the construction of a new 2,916 s.f. convenience store which, along with gasoline sales, will operate on a 24 hour basis and include the sale of beer and wine. Design of the project was approved by the Design Review Committee on February 21, 2005. 5. Project Data Table Assessor's Parcel Number: 570-131-05 Current Zoning: CNP (Neighborhood Commercial, Precise Plan) Land Use Designation: Commercial Retail Lot Area: 20,606 SQ. ft. REQUIRED/ALLOWED: PROPOSED: Parking: 15 spaces Standard Spaces: 14 (1 per each 200 square feet) Compact Spaces: 0 Disabled: 1 10% of the total is allowed for compact spaces. Total: 15 Lot Coverage: none 14.15% Setback: Front Yard: 15 feet (for building) 105 feet (to building) Rear Yard: o feet 0 Side Yard: o feet 22 feet Building Height: 2 Y2 stories; 35 feet maximum 18 feet (bldg); 24 feet (tower) Page 3 I Item: Meeting Date: 3-16-2005 6. Staff Analysis The site is surrounded on three sides (north, east and west) by existing commercial development. South of the site (across a 10 foot wide access easement to the commercial site) is an existing apartment complex. The proposed convenience store will be located along the southerly property line at the same location as the existing automated car wash. Similarly to the car wash, the south elevation ofthe convenience store will be a continuation of the masonry wall located along the south elevation and will reflect the height of the building for that portion which serves as the back. The resultant wall will be similar to that which currently exists on the site. In addition, unlike the car wash, the convenience store will be fully enclosed. The fact that the back of the building will be at the rear of the property line will also 1) limit the ability for deliveries via the back ofthe building and 2) limit the ability of patrons or others to congregate behind the store. Thus, even though a 24 hour operation is proposed as well as the sale of beer and wine, there will be less impact to the residents to the south than from the existing car wash facility. A condition of approval by the DRC on February 21, 2005 was that new plantings be installed in the three existing landscape planters located along the frontage of Bonita Road and Bonita Glen Drive. In addition, new landscape islands will be installed west and east of the new convenience store, due to additional area provided by the removal ofthe driveway entrance and exit for the car wash. This additional landscaping will bring the site up to current code standards in terms oflandscaping requirements. This, in combination with the requirement to install new plantings in the existing landscape planters will provide site upgrades from what is currently existing. On site activities currently accommodated by the existing cashier and food mart, which will be removed to allow room for required additional parking, will be accommodated in the new convenience store facility. Pedestrian access to the convenience store, which will replace the need for a separate cashier booth, will be facilitated by a condition of approval to provide an enhanced walkway design from the gas pump islands to the entrance to the convenience store. Conclusion The project is generally consistent with the goals and policies of the General Plan and associated documents. Based on the preceding information in this report, staff recommends the Planning Commission approve PCC 05-018 subject to the conditions listed in the attached Resolution. Page 4, Item: Meeting Date: 3-16-2005 Attachments 1. Locator Map 2. Resolution PCC-05-018 3. DRC 05-25 Notice of Decision 4. Disclosure Statement 5. Project Plans ]:\Planning\Case Files\-05 (FY 04-05)\PCC\PCC-05-018\Public Hearing\StaffReportslPC ATTACHMENT 1 PROJECT LOCATION + .>- + ~~ ".- -~- ~~ Q:"- ,<^,J+ _ X G':Lo,?' '" ~"""'a'< G' +".'" ~p,J LOCATOR ATTACHMENT 3 ~~t?- 2~~ ~~ ---- Design Review Committee CllY OF CHULA VISfA NOTICE OF DECISION On DRC-05-25 (Circle K) 98 Bonita Road Notice is hereby given that the Design Review Committee has considered DRC-05-25 for property located at 98 Bonita Road. This is a request to demolish an existing car wash and 2 gas pumps and construct a new 2,916 square foot convenience store. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that determined that the proposed project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State CEQA guidelines. The Design Review Committee, under the provisions of Section 19.14.582.1 of the Chula Vista Municipal Code, has conditionally approved said request based upon the following findings of facts: 1. That the proposed development is consistent with the development regulations of the CN zone of the Chula Vista Municipal Code. The proposed development, as conditioned, conforms with the development regulations of the CNP zone. The project will provide adequate off-street parking with the provision of 15 parking spaces. 2. The design features of the proposed development are consistent with, and are a cost effective method of satisfying, the City of Chula Vista Design Manual and Landscape Manual. The project, as conditioned, is consistent with the City Of Chula Vista Design Manual. The architecture of the proposed project will be compatible with the character of the surrounding neighborhood. The proposed project is in proportion to the scale of the surrounding area. The proposed project will be harmonious in style, form, size, color and materials and will exceed the standards of quality of the surrounding development. All structures will match in color, materials, and architectural elements. Approval ofDRC-05-25 is conditioned upon the following: 1. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfy the following requirements: A.) The property owner and the applicant shall execute this document by making a true copy of this Notice of Decision and signing both this original notice and the copy on DRC- 05-25 Page 2 the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document prior to submittal for building permits to the Planning Department shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of property owner 98 Bonita Road Date Signature of Applicant for DRC-05-25 Date Planning and Building Department Conditions: R) The colors and materials specified on the building plans for all the must be consistent with the colors and materials shown on the site plan and materials board approved by the Design Review Committee on February 21,2005. C.) Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.020 of the Municipal Code. A lighting plan shall be provided that includes details showing that the proposed lighting shall be shielded to remove any glare from adjacent properties. D.) Applicant shall comply with all requirements of the Building Division including the following: 1) Obtain all necessary permits. 2) Submit architectural plans for building permit review that are stamped and signed by a licensed architect. Plans shall include a site plan and building elevations that are consistent with this DRC approval. Building must be designed for Seismic Zone 4. Wind Speed 70 mph. Exposure C. 3) Structural plans and calculations must be stamped and signed by a California Registered CiviVStructural Engineer. 4) Project shall comply with 2001 Energy and Handicapped Accessibility Requirements 5) Project shall comply with 2001 CBC, CPC, CEC, and CMC 6) Prior to issuance of a demolition permit for the gas pumps and car wash, notify and obtain approval in writing from the Air Pollution Control District and County of San Diego HAZMA T. 7) Health Department approval required prior to issuance of building permits. DRC- 05-25 Page 3 E.) A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Director of Planning & Building prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti control. F.) Each applicant for a land use or building permit shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval as part of the permit process. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Section 8.24 and 8.25, and meet the State mandate to reduce or div:ert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The new trash enclosure shall be placed against the property line to eliminate the landscaping to the rear. G.) Prior to, or in conjunction with the issuance of each building permit, pay all applicable fees, including permit processing, development impact fees and any and all outstanding fees due to the City Of Chula Vista. H.) Applicant must work with staff at the building permit stage and provide an enhanced walkway that leads from the island pumps to the new convenience store. The walkway must be a minimum of five feet wide and utilize decorative paving material such as brick, interlocking pavers, enhanced concrete or other similar surface as acceptable by staff. The surface shall also be a non-slip walkable surface. 1.) Approval of the design of this project is contingent upon subsequent approval of a conditional use permit to allow the proposed use. J.) Applicant must apply for and receive approval of a sign permit for the proposed building signage prior to installation. City Engineering Conditions K.) The applicant must comply with all conditions of the City Engineer: 1) The following fees will be required based on the final building plans submitted (refer to Development Checklist for more information): a) Sewer Capacity fee based on all new construction or additional plumbing fixtures. b) Traffic Signal fee based on the difference between the existing and proposed use. DRC- 05-25 Page 4 2) Applicant must demonstrate the area of the I driveways located within City ROW are in compliance with current ADA standards (ie, maximum 2% sidewalk cross- slope and 4 feet-wide sidewalk through driveway area) The Engineering Division will require the applicant to obtain a construction permit to perform any work in the City's right of way. 3) The applicant is required to complete the applicable Storm Water Compliance Forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. 4) The applicant is required to implement Best Mariagement Practices (BMPs) to prevent pollution of the storm water conveyance systems, both during and after construction. Permanent storm water requirements shall be incorporated into the project design, and shall be shown on the plans. Any construction and non- structural BMPs requirements that cannot be shown graphically must be either noted or stapled on the plans. 5) Development of the project shall comply with all applicable regulations, established by the United States Environmental Protection Agency (USEP A), as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements. Further, the applicant shall file a Notice of Intent (NO I) with the State Water Resource Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention and pollution control measures, and shall identify funding mechanisms for the maintenance of post-construction control measures. 6) A water quality study will be required to demonstrate compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Permits, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements, with the first submittal of grading/improvements plans in accordance with the City's Storm Water Management Standards Manual. 7) The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NPDES Municipal Permit, Order NO. 2001-01. According to said Permit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria.. DRC- 05-25 Page 5 8) A water study will be required to demonstrate compliance with the requirements of the National Pollutant Discharge Elimination Systemm (NPDES) Construction and Municipal Permits, including Standard Urban Storm Water Mitigation Plans (SUSUMP) and Numeric Sizing Criteria requirements, with the first submittal of grading/improvement plans, in accordance with the City's Manual. Applicant must prove that the area of the existing driveways within the public ROW are in compliance with current ADA standards. II. Prior to occupancy, the applicant shall comply with the following conditions: A.) All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Director of Planning and Building. B.) All roof mounted equipment shall be fully screened from on-site parking areas and adjacent public streets or residential view. C.) Applicant shall comply with the following parking standards: . Standard (14) . Handicap (1) . Maintain a 90-degree angle back-up area with a 24-foot aisle distance between parking stalls. F.) Comply with all requirements of the Crime Prevention Unit of the Chula Vista Police Department. This includes scheduling a security evaluation by the Police Department. Security hardware should be indicated on building plans and security measures shall be in place prior to occupancy. G.) All landscaping and hardscape improvements shall be installed in accordance with the approved landscape plan and the comments of the City Landscape Planner. The three landscape planter areas along Bonita Road and Bonita Glen Drive shall be replaced with new material. III. The following on-going conditions shall apply to the subject property as long as it relies upon this approval. A.) The site shall be developed and maintained III accordance with the plans approved February 21,2005. DRC- 05-25 Page 6 B.) The property must be kept sanitary and litter free as per Chula Vista Municipal Code 8.24.060. C.) All trees and shrubbery are to be maintained. Trees are to be cleared up at least six feet and shrubbery is to be cleared to three feet tall. D.) The project must stay in compliance with the State mandate to reduce waste generated by all residences and must comply with the Recycling and Solid Waste Plan filed with the City of Chula Vista Manager of Special Operations office. E.) Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. F.) This Design Review permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety, or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. PASSED AND APPROVED BY THE DESIGN REVIEW COMMITTEE OF THE CITY OF CHULA VISTA, CALIFORNIA, this 21st day of February, 2005. AYES: NOES: ABSTAIN: ABSENT: ATTEST: John Schmitz, Zoning Administrator Rosemarie" Rice, Secretary act 20 04 02:29p Venita Ir-aheta ATTACHMENT 4 ~~~ :--.---: --~ P I ann n g & Building Planning Division Department ()~vel(")pml:!nt I'r(")cessin~ em Of CHULA VlsrA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01. prior to any action upon malters thal will require discretionary acUon by the Council, Planning Commission and all other official bodies of the CIty, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista clcction.rT)ust be filed. The following infcrm~tion must be disclosed: 1. Li3t the names of all persons having a financial interest in the property that is the sUbject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, m~teriOlI supplier. Circle K Stores Inc. 2. If any person. identified pursuant to (1) above is a corporation or partnership, list the nClmcs of ~II individuals with a $2000 investment in the business (CQrporntionlpartnershlp) entJty_ 3. If any person- Identified pursuant to (1) above Is 3 non-profit organization or trust, list the names of any person serving as director of the non-prolil organization or as trustee or ben8ficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contr.:lctors you h..ve assigned to represent you before the City In this marter. . _ 5. Has any pcr:.on. OIssoci01ted with this contract had any financi3J de31ings wilh an official..... of the Cily of Chula Vista as it relates to this contr<lct within the past 12 months. Yes_ No ...2S...- If Yes, briefly desc:ibe the nature of the financial interest the offic:al.. may nave In this conti.lct. 6. Have yeu made a contribution of more than $250 within the past l'Nelve (12) months to a CUlTent member of the Chula Vista C:ty Council? No..::.: Yes _ If yes. which Council member? 276 ['ourtn Avenue Chula Vista Califurnia ~1~1() (bH) bCll-$lUl -- ....-.... ..--.- Oc~ 20 04 08:26a Veni~a Irahe~a 1 C213J381-1517 p.4 ~Vt- -.- ~---~ -- p I ann n g & Building PlanninG Division Dep:1rtm~nt Development ?roc,:ssing 01Y Of CHUL~ VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official- of the City of Chula Vista in the P;)st twelve (12) months? (This Includes being a source of income, money to retire a lesal debt. gift. lean, etc.) Yes_ No~ If Yes, which official.... and what was the nature of item provided? 10/19/04 ~ -.l ~~~ Date: Signature of Contractor/Applicant Fiedler Group Patrlck O. F1edler type nama of Contractor/Applicant P~;nt or Person Is defined as: any Indlvldu31. firm, co-partnership. joint venture, association, social c!L.:b, fratemal organization, corporation. estate. trust, receiver, syndicate. any other CQunty, city, municipality, dfs:ric:. or o:her political subdivision, -or any other group or combination acting as a unit. Official indudes. but is not limited to: Mayor. Council member, Planning Commissioner, Member or :3 bC:lrd, commission, or ccmmiUeE: of the City, employee, or :;:larf m8mbe~. . . 275 Fourth Avenue Chula Vista California 91910 (619) 691-5101