HomeMy WebLinkAbout2010/05/11 Item 8
CITY COUNCIL &
REDEVELOPMENT AGENCY
AGENDA STATEMENT
~!~ OlY OF
~ CHUIA VISTA
MAY 11,2010, Item 't:
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AND THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVING THE CHULA
VISTA BAYFRONT MASTER PLAN SETTLEMENT
AGREEMENT WITH THE SAN DIEGO UNIFIED PORT
DISTRICT AND MEMBER ORGANIZATIONS OF THE
BA YFRONT COALITION.
DIRECTOR OF ':fItOP""'" SERVlCE~
CITY MANAGE
SUBMITTED BY:
REVIEWED BY:
4/STHS VOTE: YES D NO 0
SUMMARY
The environmental review process for the Chula Vista Bayfront Master Plan ("CVBMP"), including
the proposed amendments to the Port's Master Plan and the City's General Plan, Local Coastal Plan
and Multiple Species Conservation Program, is nearing completion. Appropriate rnitigation
measures have been developed pursuant to the California Environmental Quality Act ("CEQA").
The City of Chula Vista ("City"), the Redevelopment Agency for the City of Chula Vista ("RDA"),
and the Port District ("District"), have also worked closely with the Bayfront Coalition ("Coalition")
in order to provide additional measures for the protection of the Bayftont. All included parties are in
support ofthe proposed Settlement Agreement ("Agreement").
The proposed Agreement between the Coalition, the City, the RDA and the District, details the
commitments of the parties as they relate to the CVBMP. The Agreement includes specific
planning, design, funding and implementation elements; many of which will be incorporated into
the Final Environmental Impact Report ("EIR") and Mitigation Monitoring and Reporting
Program ("MMRP").
The Coalition is comprised of the Environmental Health Coalition, San Diego Audubon Society,
San Diego Coastkeeper, Coastal Environmental Rights Foundation, Southwest Wetlands
Interpretative Association, San Diego Surffider Foundation and Empower San Diego. As part of its
obligations under the terms of the Agreement, the Coalition agrees to support and actively lobby
local, regional and state agencies, including the State Lands Commission and the California Coastal
Commission, to approve the Final EIR and the Proposed Project as described in the Final EIR.
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May 11, 2010, Item ;?
ENVIRONMENTAL REVIEW
Notwithstanding any term or condition of this Settlement Agreement, the City and RDA fully
reserve all discretion to take or not take any discretionary actions upon completion of the
environmental and public review process for the CVBMP or any other land use amendments on
the Chula Vista Bayfront. Nothing in this Settlement Agreement is intended or shall be
interpreted to limit the reservation of discretion or to commit the City or RDA to take any
discretionary actions or to commit the parties, individually or collectively, to any specific course
of action, that would result in the present approval of, or commitment, to any aspect of the
CVBMP or any other project. The Agreement does not authorize any activities that may result in
a significant impact on the environment. Instead, the Agreement provides for additional
protection of natural resources and the environment in the CVBMP project area above and
beyond that required by CEQA and other applicable laws and regulations. The Environmental
Review Coordinator has reviewed the proposed activity for compliance with the California
Environmental Quality Act and based on the foregoing has determined that there is no possibility
that the activity may have a significant effect on the environment; therefore, pursuant to Section
l5061(b)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
RECOMMENDATION
Staff recommends that the City Council and the Redevelopment Agency of the City of Chula
Vista adopt the resolution approving the Chula Vista Bayfront Master Plan Settlement
Agreement with the San Diego Unified Port District and the member organizations of the
Bayfront Coalition.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Chula Vista Bayfront Master Plan
For many years, the District and the City have participated in a cooperative planning process for
the Chula Vista Bayfront. This process included an award-winning public participation program
that established three primary goals for the master plan: to develop a world-class waterfront; to
create a plan that is supported by sound planning and economics; and, to create a plan that has
broad-based community support. This entitlement effort has been complex and has resulted in
the circulation of two Draft EIRs. The environmental review process for the CVBMP, including
the proposed amendments to the Port's Master Plan and the City's General Plan, Local Coastal
Plan, and Multiple Species Conservation Program Amendments is nearing completion.
After the close of the public comment period for the Revised Draft EIR in August 2008, the
District and the City met with numerous interested individuals, organizations, and public
agencies to address issues raised in public and agency comments on the Proposed Project and the
Revised Draft ElR. Specifically, the Port, City and RDA met with representatives of the
Coalition to address their concerns that the Proposed Project and its component parts would be
implemented in a manner that provides community benefits, including but not limited to the
preservation and protection of natural resources and the environment, job quality and housing.
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May 11,2010, Item
ChuIa Vista Bayfront Master Plan Settlement Agreement
Over the last several months, the Port, the City and the RDA met with representatives of the
Coalition to address specific concerns. As a result of these efforts, a variety of measures have
been incorporated to create the Chula Vista Bayfront Master Plan Settlement Agreement.
Although the Agreement provides for changes in the Proposed Project and for additional
protection of natural resources and the environment above and beyond that required by CEQA
and other applicable federal, state and local laws and regulations, they will be included in the
Final EIR and the MMRP as design features and mitigation measures if the Agreement is
approved. The Negotiation process and this Agreement will result in an improved Proposed
Project such that it will have the support of the Coalition member organizations.
City, RDA and Port District Commitments
Under the terms ofthe Agreement, the City, RDA and District commit to provisions and actions
including the following:
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The development, implementation and periodic review of a Natural Resources
Management Plan ("NRMP") to promote:
o Long term protection, conservation, monitoring and enhancement of specific
wetland habitats, vegetation and upland natural resources
o Preservation of breeding, wintering and migratory habitats
o Protection of nesting, foraging and rafting wildlife
o A voidance of actions that would adversely impact or degrade water quality or
impair efforts to protect the watershed
o Maintenance and improvement of water quality and coordination of watershed
protection activities
Additional habitat management and protection actions which include:
o Good faith efforts by the District to enter into cooperative agreements for the
protection and management of the Sweetwater Tidal Flats and the J Street Marsh
o An analysis of appropriate restoration of the intake/discharge channels associated
with the South Bay Power Plant
o Revision of the Final EIR Project Description to include revised buffer and/or
fencing requirements for specific parcels in the Sweetwater District
o A future and separate project to investigate the restoration of tidal flows between
the F & G Street marsh and the nearby upland marsh
Bird strike and bird disorientation measures
Storm water and urban runoff quality monitoring and management requirements
Landscaping and vegetation guidelines dealing with native, non-native and invasive
species, and addressing tree planting in No-Touch Buffer Areas or in areas adjacent to
Refuge or Marsh areas
Lighting and illumination requirements and/or guidelines to reduce impacts on wildlife
A requirement to limit fireworks displays to three (3) events per year
The development of an environmental education program for Bayfront residents, visitors,
tenants and workers
Restrictions on motorized boating in sensitive areas and a prohibition on the rental of
(motorized) personal water craft in the Proposed Project area
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May 11, 2010, ltemL
o Supplements to the conceptual mitigation opportunity descriptions contained in the Final
EIR
o Requirements related to Sweetwater and Otay District public park design and
functionality
o A requirement that Phase I Signature Park improvements be completed prior to issuance
of certificates of occupancy for parcels designated H-3 and H-23 in the Final EIR
o A requirement that parcels contaminated with hazardous material be remediated to levels
adequate to protect human health and the environment
o Provisions related to Parcel H-3 (Resort Conference Center site) and project area hotel
densities, including:
o A reduced maximum building height on Parcel H-3 of240 feet
o A maximum of 3, I 00 hotel rooms within the Chula Vista Bayrront Master Plan
boundaries (a reduction of 400 hotel rooms)
o An indication that the findings adopted in the Final EIR and Port Master Plan
amendment are sufficient to mitigate for 1,600 rooms and 415,000 net square feet
of conference facilities on Parcel H-3 at the program level
o A requirement for a supplement to the Final EIR and additional technical analysis
if more than 1,600 hotel rooms are proposed on Parcel H-3
o Creation, administration and support of the South Bay Wildlife Advisory Group to advise
the District and City in the creation of the NRMP and related wildlife management and
restoration plans and prioritizations
o Detailed dispute resolution process descriptions for NRMP plan creation, amendment and
enforcement
o Creation of a Bayfront Cultural and Design Committee modeled after the successful
Bayrront Community Advisory Committee ("CAC") process used in the development of
the Bayfront Master Plan.
o Detailed energy efficiency and clean energy requirements for buildings and projects
developed on publicly-owned Bayrront parcels including:
o A minimum of a fifty (50) percent reduction in annual energy use relative to
established state or national standards
o A requirement to meet City standards for energy efficiency as part of meeting the
minimum reduction goal
o Credits toward meeting the energy efficient requirements through:
o Renewable energy generated on the project site or within the boundaries
of the Bayrront Master Plan project area
o Development and implementation of an energy efficiency Measurement
and Verification plan.
o Participation in an SDGE Demand Reduction utility rates program
o Incorporation of natural ventilation into building design
o The opportunity to phase achievement of energy efficiency requirements for up to
thirty-six (36) months following issuance of certificates of occupancy
o Commitment by the RDA to use all Low and Moderate Income Housing funds generated
within the Bayfront Redevelopment Project Area for the production of affordable housing
units only in areas west of I-80S within the City of Chula Vista
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May 11,2010, Item
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Bayfront Coalition Commitments
Under the terms of the Agreement, the Coalition and its member organizations commit to
provisions and actions including the following:
. Support and actively lobby, in writing, and where practicable orally, the California
Coastal Commission and the State Lands Commission to approve the Final ErR and the
Proposed Project
. Except as specifically provided for in the agreement, to take no action, directly or
indirectly, whether in writing, orally or otherwise to oppose any governmental approval,
permit or other entitlement, or non-material modification or amendment which may be
required for the certification of the Final EIR or approval of the Proposed Project
. Except as specifically provided for in the Agreement, to provide no assistance
whatsoever, directly or indirectly, whether financial, legal, or otherwise to any person,
organization, or other entity to oppose any governmental approval, pennit or other
entitlement, or non-material modification or amendment which may be required for the
certification of the Final ErR or approval of the Proposed Project
. Other than with respect to matters specifically addressed in the Agreement, the Final ErR,
and as components of the Proposed Project approval, Coalition member organizations
shall have the right to fully participate in environmental review and project-approval
processes for components of the Bayfront development that require project-level review
subsequent to Final ErR certification and Proposed Project approval
. Coalition member organizations may fully participate in any agency actions related to the
cleanup of contaminated soils and sediments within the Proposed Project boundary
. Coalition member organizations may fully participate in processes related to the
decommissioning and demolition of the South Bay Power Plant (including substation
relocation).
. The Coalition reserves the right to object to any material failure to implement the
Proposed Project in compliance with this Agreement, the Mitigation Monitoring and
Reporting Program and all applicable laws, regulations or pennit requirements
Port District Job Quality Commitments
The District, exclusive of the City and RDA, has agreed to provisions in the Agreement related
to job quality for the construction and operation of the Resort Conference Center on Parcel H-3.
Although the provisions do not apply to the City or RDA, they are included as exclusive
obligations of the District in the Agreement and are detailed in Exhibit 4 to the Agreement.
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May II, 2010, Item~
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the Chula Vista City Council and Redevelopment
Agency members and has found no property holdings within 500 feet of the boundaries of the
properties that are subject to this action.
CURRENT YEAR FISCAL IMPACT
There will be no fiscal impact during the current fiscal year resulting from approval of the
Agreement.
ONGOING FISCAL IMP ACT
As part of the overall CVBMP development and implementation, the City, RDA and District
anticipate the formation of a Joint Powers Authority ("JPA"). Revenues from CVBMP
development projects, including hotel occupancy taxes paid to the City, Ground Lease payments
paid to the District and property tax increment paid to the RDA, will be combined within the
CitylRDAlDistrict JPA to fund CVBMP infrastructure and ongoing operations and maintenance
costs. In addition, the District has negotiated to receive payments equal to .5% of the gross sales
price of residential units developed within the CVBMP project area by Pacifica, the CVBMP
residential developer. These revenues will also flow to the JP A.
To the extent permitted by law, the above revenue sources will also be used by the JPA to fund
costs associated with the Agreement.
The Agreement requires that the City, RDA and District ensure that the JP A treat the financial
requirements of the Agreement as priority expenditures that must be assured as project-related
revenues (as listed above) are identified and impacts of the CVBMP development are initiated.
CVBMP development is expected to begin between 2014 and 2016.
Ongoing annual incremental costs associated with the requirements of the Agreement are
estimated to be between $500,000 and $575,000. One-time, non-recurring costs associated with
requirements of the Agreement are estimated to be between $75,000 and $200,000.
The ongoing annual expenditures will be primarily District and City staff or consultant support
costs.
Non-recurring expenditures include one-time Natural Resources Management Plan creation,
study costs and a change in design for one area of buffer fencing.
The costs associated with various agreements to implement the CVBMP are not borne until
development occurs. Upon build out, the Chula Vista Bayfront will provide a positive net cash
flow as well as providing additional employment opportunities to benefit the local economy.
ATTACHMENTS
I. Chula Vista Bayfront Master Plan Settlement Agreement including Exhibits 1-4
Prepared by: Denny Stone, Economic Development Officer, Development Services Department
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Attachment 1
CHULA VISTA BA YFRONT MASTER PLAN
SETTLEMENT AGREEMENT
This Chula Vista Bayfront Master Plan Settlement Agreement ("this Agreement") is entered
into as of this fourth day of May, 2010, by and among the BAYFRONT COALITION member
organizations named below (collectively "Coalition"), the SAN DIEGO UNIFIED PORT
DISTRICT, a public body corporate and politic ("District"), the CITY OF CHULA VISTA, a
municipal corporation ("City"), and the REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, a redevelopment agency pursuant to the Community Redevelopment Law, Health
and Safety Code section 33000, et seq. ("RDA"), in light ofthe following facts and circumstances:
RECITALS
A. District has proposed an amendment to the Port Master Plan to provide a master plan
for redevelopment of the Chula Vista Bayfront, which consists of approximately 556 acres ofland
and water located on the southeastern edge of San Diego Bay in the City of Chula Vista. In
conjunction with the District's amendment to the Port Master Plan, the City is amending its General
Plan, Mid-Bayfront Specific Plan and Local Coastal Plan, which will include implementation of
future coastal development permits, tentative maps and final maps (collectively, the "City's
Amendments"). The description contained in Chapter 3, including the Alternate L-Ditch
Remediation Alternative contained in Section 5.7, of the DEIR (defined below), the proposed
amendment to the Port Master Plan, the City's Amendments, and the infrastructure and development
projects proposed therein, will be referred to in this Agreement as the "Proposed Project"; and
B. District, as the lead agency, has prepared a draft environmental impact report for the
Proposed Project in compliance with the California Environmental Quality Act ("CEQA"), Public
Resources Code section 21000, et seq., and its implementing guidelines, California Code of
Regulations, title 14, section 15000, et seq. ("CEQA Guidelines"), which is known as the Draft
Revised Environmental Impact Report (EIR) for the Chula Vista Bayfront Master Plan (UPD #
83356-EIR-658; SCH # 2005081077) and which will be referred to in this Agreement as the
"DEIR"; and
C. The District duly circulated the DEIR for public review and comment, received
comments on the DEIR from public agencies, individuals and organizations, and is preparing
responses to the public comments received which will be included in the final environmental impact
report ("FEIR") prepared for the Proposed Project; and
D. District, as the lead agency under CEQA, in its sole and absolute discretion, may
certify or not certify the FEIR and may approve or not approve the Proposed Project or may select
any alternative, including the alternative of not going forward with the Proposed Project, or adopt
any mitigation measure or condition which it determines is necessary and appropriate to reduce or
avoid any potential environmental impact of the Proposed Project or to comply with any applicable
law or regulation; and
E. All or parts of the Proposed Project and the FEIR require the approval of other public
agencies, including without limitation the California Coastal Commission ("CCC"), the State Lands
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Commission, the City, the RDA, and other federal and state regulatory agencies with jurisdiction
over natural resources which may be affected by the Proposed Project ("Resource Agencies"); and
F. Coalition is composed of the Environmental Health Coalition, San Diego Audubon
Society, San Diego Coastkeeper, Coastal Environmental Rights Foundation, Southwest Wetlands
Interpretative Association, Surfrider Foundation, San Diego Chapter and Empower San Diego,
which are committed to ensuring that the Proposed Project and its component parts are implemented
in a manner that provides community benefits including, but not limited to preservation and
protection of natural resources and the environment, job quality and housing; and
G. In order to resolve any potential action challenging the Project, the District, the City
and the RDA wish to obtain the Coalition's support for approval of the Proposed Project and the
Coalition wishes to obtain additional measures for protection of the environment above and beyond
those required by CEQA and any other federal, state and local laws and regulations applicable to the
Proposed Project.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET
FORTH BELOW, THE PARTIES AGREE AS FOLLOWS:
1. INCORPORATION OF RECITALS. The recitals set forth above are incorporated
herein as though set forth in full.
2. DEFINITIONS. Unless the context otherwise indicates, whenever used in this
Agreement, the following terms will have the meanings ascribed to them below:
2.1 "Adaptive Management Review" will mean review of the adopted NRMP and
its achievement of Management Objectives with the goal of adjusting implementation measures to
enhance achievement of the Management Objectives.
2.2 "BCDC" will have the meaning set forth in Section 13.1.
2.3 "Baseline" will have the meaning set forth in Section 15.2.2.
2.4 "CCC" will have the meaning set forth in Recital E.
2.5 "CEQA" will have the meaning set forth in Recital B.
2.6 "Coalition" will have the meaning set forth in the Introduction.
2.7 "DEIR" will have the meaning set forth in Recital B.
2.8 "Development" will have the meaning set forth in Section 15.1.
2.9 "Development Commencement" will mean the commencement of mass
grading for any infrastructure or site development contemplated by the Proposed Project but
specifically excluding construction ofH Street or the grading of Parcels HP-5, H-13, H-14 andH-15.
2.10 "Disputing Party" will have the meaning set forth in Section 11.1.1
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2.11 "District" will have the meaning set forth in the Introduction.
2.12 "District Enforcement Personnel" will have the meaning set forth in Section
4.4.1.1.
2.13 "Energy Efficiency Requirement" will have the meaning set forth in Section
15.2.1.
2.14 "FEIR" will have the meaning set forth in Recital C.
2.15 "Findings" will mean the written findings as defined in Section 15091 of the
CEQA Guidelines, adopted by District as the lead agency for the FEIR and by City or RDA as
responsible agencies for the FEIR.
2.16 "JPA" will have the meaning set forth in Section 3.4.
2.17 "LEED Path" will have the meaning set forth in Section 15.2.2.
2.18 "MA II Notice" will have the meaning set forth in Section 12.2.2.
2.19 "MA Notice" will have the meaning set forth in Section 11.1.3.
2.20 "M&V Plan" will have the meaning set forth in Section 15.2.2.4.
2.21 "Management Objections" will have the meaning set forth in Section 4.1.
2.22 "Managing Agency" will have the meaning set forth in Section 11.1.2.
2.23 "MMRP" will have the meaning set forth in Section 4.4.6.1.
2.24 "No-Touch Buffer Areas" will have the meaning set forth in Section 4.1.3.
2.25 "Notice of Dispute" will have the meaning set forth in Section 11.1.1.
2.26 "NRMP" will have the meaning set forth in Section 3.
2.27 "NRMP Amendment" will have the meaning set forth in Section 3.3.
2.28 "Opposition Statements" will have the meaning set forth in Section 11.1.2.1.
2.29 "Passive" will have the meaning set forth in Section 6.1.
2.30 "Periodic Review" will have the meaning set forth in Section 3.3.
2.31 "PMP" will have the meaning set forth in Section 9.2.
2.32 "PMPA Cap" will have the meaning set forth in Section 9.2.
2.33 "Position Statement" will have the meaning set forth in Section 12.2.
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2.34 "Predators" will have the meaning set forth in Section 4.1.3.
2.35 "Proposed Project" will have the meaning set forth in Recital A.
2.36 "PWC" will mean a motorboat less than sixteen feet in length which uses an
inboard motor powering a jet pump as its primary motive power and which is designed to be
operated by a person sitting, standing, or kneeling on, rather than in the conventional manner of
sitting or standing inside the vessel.
2.37 "RDA" will have the meaning set forth in the Introduction.
2.38 "Renewable Energy" will have the meaning set forth in Section 15.2.2.1.
2.39 "Renewable Energy Site" will have the meaning set forth in Section 15.2.2.2.
2.40 "Resource Agencies" will have the meaning set forth in Recital E.
2.41 "RFP" will have the meaning set forth in Section 13.3.
2.42 "RFQ" will have the meaning set forth in Section 13.3.
2.43 "Title 24" will have the meaning set forth in Section 15.2.1.
2.44 "Title 24 Path" will have the meaning set forth in Section 15.2.2.
2.45 "Transition Buffer Areas" will have the meaning set forth in Section 4.1.4.
2.46 "Wildlife Advisory Group" will have the meaning set forth in Section 1 0.1.
2.47 "Wildlife Habitat Areas" will have the meaning set forth in Section 3.1.
3. NATURAL RESOURCES MANAGEMENT PLAN. In recognition of the
sensitivity of the natural resources and the importance of protection, restoration, management and
enforcement in protecting those resources, the District, City and RDA will cause to be prepared a
Natural Resources Management Plan ("NRMP") in accordance with this section. The NRMP will be
designed to achieve the Management Objectives (defined below) for the Wildlife Habitat Areas
(defined below). The NRMP will be an adaptive management plan, reviewed and amended as
necessary by the District and City in compliance with the process described in Section 3.3 of this
Agreement.
3.1 WILDLIFE HABITAT AREAS DEFINED. "Wildlife Habitat Areas" are
defined as:
3.1.1 All National Wildlife refuge lands, currently designated and
designated in the future, in the South San Diego Bay and Sweetwater Marsh National Wildlife
Refuge Units. Anything in this Agreement to the contrary notwithstanding, National Wildlife
Refuge lands are included in the definition of Wildlife Habitat Areas for the sole purpose of
addressing adjacency impacts and not for the purpose of imposing affirmative resource management
obligations with respect to the areas within the National Wildlife Refuge lands.
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3.1.2 All District designated lands and open water areas in the Conservation
Land Use Designations of Wetlands, Estuary, and Habitat Replacement as depicted in the Draft
Precise Plan for Planning District 7.
3.1.3 Parcels Ig and 2a from the City's Bayfront Specific Plan.
3.1.4 No-Touch Buffer Areas as depicted on attached Exhibit 2.
3.1.5 The Wildlife Habitat Areas are depicted on attached Exhibit 1.
3.2 NRMP MANAGEMENT OBJECTIVES FOR WILDLIFE HABITAT
AREAS. Taking into consideration the potential changes in functionality of Wildlife Habitat Areas
due to rising sea levels, the NRMP will promote, at a minimum, the following objectives
("Management Objectives") for the Wildlife Habitat Areas:
3.2.1 Long term protection, conservation, monitoring, and enhancement of:
3.2.1.1 Wetland habitat, with regard to gross acreage as well as
ecosystem structure, function, and value.
3.2.1.2 Coastal sage and coastal strand vegetation.
3.2.1.3 Upland natural resources for their inherent ecological values, as
well as their roles as buffers to more sensitive adjacent wetlands. Upland areas in the Sweetwater
and Otay Districts will be adaptively managed to provide additional habitat or protection to create
appropriate transitional habitat during periods of high tide and taking into account future sea level
rIse.
3.2.2 Preservation of the biological function of all Bayfront habitats serving
as avifauna for breeding, wintering, and migratory rest stop uses.
3.2.3 Protection of nesting, foraging, and rafting wildlife from disturbance.
3.2.4 Avoidance of actions within the Proposed Project area that would
adversely impact or degrade of water quality in San Diego Bay or watershed areas or impair efforts
of other entities for protection of the watershed.
3.2.5 Maintenance and improvement of water quality where possible and
coordination with other entities charged with watershed protection activities.
3.3 CREATION, PERIODIC REVIEW AND AMENDMENT OF THE
NRMP. The NRMP will be a natural resource adaptive management and monitoring plan initially
prepared in consultation with the Wildlife Advisory Group, defined in Section 10.1, and reviewed
and amended in further consultation with the Wildlife Advisory Group one year following adoption
of the NRMP and annually thereafter for the first five years after adoption, after which it will be
reviewed and amended as necessary every other year for the next six (6) years, then once every five
(5) years thereafter, each in accordance with Section 10.5. If the RCC is not pursued in the first five
(5) years after certification of the FEIR, this schedule will be amended to ensure that the NRMP is
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evaluated every year for five years after the development of the RCC. The periodic review of the
NRMP described in the preceding sentences is hereinafter called "Periodic Review." A material
revision of the NRMP is hereinafter called an "NRMP Amendment." Nothing in the foregoing
schedule requirements will be interpreted to preclude a speedy response or revision to the NRMP if
necessary to abate an emergency condition or to accommodate relevant new information consistent
with the Management Objectives. Any permanent changes to the NRMP will be subject to Section
10.5. Preparation of the NRMP will begin within six months of the filing of the Notice of
Determination for the FEIR by District and will be completed prior to the earlier of: (a)
Development Commencement; (b) issuance of a Certificate of Occupancy for the Pacifica project;
or (c) three years. Periodic Review will address, among other things, monitoring of impacts of
development as it occurs and monitoring the efficacy of water quality improvement projects (if
applicable) and management and restoration actions needed for resource protection, resource threats,
management (i.e., sea-level rise, trash, window bird strikes, lighting impacts, bird flushing, water
quality, fireworks, human-wildlife interface, education and interpretation programs, public access,
involvement, and use plan, management of the human-wildlife interface, wildlife issues related to
facilities, trails, roads, overlooks planning, and watershed coordination) and other issues affecting
achievement of Management Objectives and related to Adaptive Management Review.
3.3.1 District and City will cause the preparation, consideration negotiation
and approval of the NRMP including, staff and administrative oversight and engagement of such
consultants as are reasonable and necessary for their completion, approval and amendment in
accordance with this Agreement.
3.3.2 District and City will each provide a written notice of adoption
("Notice of Adoption") to other parties to this Agreement upon their respective approval of the
NRMP.
3.4 SPECIFIC PROVISIONS REGARDING PERSONNEL AND
FUNDING. Funding for the implementation of the NRMP will be provided by the District, City and
RDA. To meet these obligations, the District, City and RDA will commit revenues or otherwise
provide funding to ajoint powers authority ("JP A") formed pursuant to the California Marks-Roos
Act, Articles 1,2,3 and 4 of Chapter 5 of Division 7 of Title I of the California Government Code.
District, City and RDA will ensure the JP A is specifically charged to treat the financial requirements
of this Agreement as priority expenditures that must be assured as project-related revenues are
identified and impacts initiated. The District, City and RDA expressly acknowledge the funding
commitments contemplated herein will include, but not be limited to, funding for personnel and
overhead or contractor(s)/consultant(s) to implement and ensure the following functions and
activities:
3.4.1 On-site management and enforcement for parks and Wildlife Habitat
Areas as necessary to enforce restrictions on human and Predator access regarding Wildlife Habitat
Areas;
3.4.2 Enforcement of mitigation measures including, but not limited to, trash
collection, noise restrictions, removal of invasive plants, habitat restoration, and park use
restrictions;
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3.4.3 Coordination, development, implementation and evaluation of
effectiveness of education and mitigation programs, including implementation ofNRMP;
3.4.4 Evaluation of effectiveness of bird strike mitigation and design
measures;
3.4.5 Water quality protections; and
3.4.6 Coordination of injured animal rehabilitation activities.
3.5 PACIFICA INITIAL SALE UNIT CONTRIBUTION. Pacifica Initial Sale
Unit Contribution Funds shall be directed to the JP A and placed into a Community Benefits Fund
that will be non-wasting, with interest revenues committed to the specific broad categories of:
Natural Resources; Affordable Housing; SustainabilitylLivability; and Community Impacts and
Culture. The Community Benefits Fund revenues shall be spent within the Project Area and Western
Chula Vista as further described in Section 10.6, subject to applicable law.
4. IMPLEMENTATION OF NRMP. The following Management Objectives and
minimum performance standards shall guide the preparation of the NRMP.
4.1 MANAGEMENT OBJECTIVES. In addition to Section 3.2, the NRMP
will achieve the following Management Objectives:
4.1.1 Ensure the Port, City and RDA are not required to expend funds for
NRMP implementation until project-related revenues are identified in accordance with Section 3.4
and impacts initiated.
4.1.2 Require coordination with the Resource Agencies of the District's,
City's and Resource Agencies' respective obligations with respect to the Buffer Areas and Wildlife
Habitat Areas.
4. 1.3 Designate "No-Touch Buffer Areas" as that term is defined in the
Project description of the FEIR and as depicted in Exhibit 2. Such areas will contain fencing
designed specifically to limit the movement of domesticated, feral, and nuisance predators (e.g.
dogs, cats, skunks, opossums and other small terrestrial animals [collectively, "Predators"]) and
humans between developed park and No-Touch Buffer Areas and Wildlife Habitat Areas. The fence
will be a minimum 6-foot high, black vinyl chain link fence or other suitable barrier (built to the
specifications described in the FElR). Fence design may include appropriate locked access points
for maintenance and other necessary functions. Installation of the fence will include land contouring
to minimize visual impacts of the fence. The installation of such fencing in the Sweetwater and
Harbor Districts must be completed prior to the issuance of Certificates of Occupancy for
development projects on either Parcel H-3 or H-23 and in conjunction with development or road
improvements in the Sweetwater District with the exception of Parcel S-4 which will retain the
existing fencing until that parcel is redeveloped and the fencing of the No-Touch Buffer installed.
4.1.4 Prohibit active recreation, construction of any road (whether paved or
not), within No-Touch Buffer Areas, "Transition Buffer Areas" and "Limited Use Buffer Areas" as
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those tenns are defined in the Project description of the FEIR and as depicted in Exhibit 2, with the
exception of existing or necessary access points for required maintenance.
4. 1.5 Protect the No-Touch Buffer Areas from the impacts of the Proposed
Project including, without limitation, fencing necessary to protect the Sweetwater Marsh and the
Sweetwater parcel tidal flats, the J Street Marsh next to the SDB Refuge and the north side of Parcel
H-3.
4.1.6 Include additional controls and strategies restricting movement of
humans and Predators into sensitive areas beyond the boundaries of the designated Buffer Areas.
4.1.7 Require the Recreational Vehicle Park to install fencing or other
barriers sufficient to prevent passage of Predators and humans into sensitive adjacent habitat.
4.1.8 Require all dogs to be leashed in all areas of the Proposed Project at all
times except in any designated and controlled off-leash areas.
4.1.9 Impose and enforce restrictions on all residential development to keep
cats and dogs indoors or on leashes at all times. Residential developments will be required to
provide education to owners and/or renters regarding the rules and restrictions regarding the keeping
of pets.
4.2 WALKWAY AND PATH DESIGN. Detail conditions and controls
applicable to the walkways, paths, and overlooks near Wildlife Habitat Areas and outside of the No-
Touch Buffer Areas in accordance with the following:
4.2.1 Alignment, design, and general construction plans of walkways and
overlooks will be developed to minimize potential impacts to Wildlife Habitat Areas.
4.2.2 Path routes will be sited with appropriate setbacks from Wildlife
Habitat Areas.
4.2.3 Paths running parallel to shore or marsh areas that will cause or
contribute to bird flushing will be minimized throughout the Proposed Project.
4.2.4 Walkways and overlooks will be designed to minimize and eliminate,
where possible, perching opportunities for raptors and shelter for skunks, opossums or other
Predators.
4.2.5 Walkways and overlooks that approach sensitive areas must be
blinded, raised, or otherwise screened so that birds are not flushed or frightened. In general,
walkway and overlook designs will minimize visual impacts on the Wildlife Habitat Areas of people
on the walkways.
4.3 PREDATOR MANAGEMENT. The NRMP will include provisions
designed to manage Predator impacts on Wildlife Habitat Areas which will include and comply with
the following:
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4.3.1 Year-round Predator management will be implemented for the life of
the Proposed Project with clearly delineated roles and responsibilities for the District, City and
Resource Agencies. The primary objective of such provisions will be to adequately protect terns,
rails, plovers, shorebirds, over-wintering species, and other species of high management priority as
determined by the Resource Agencies.
4.3.2 Predator management will include regular foot patrols and utilize
tracking techniques to find and remove domestic or feral animals.
4.3.3 Address Predator attraction and trash management for all areas ofthe
Proposed Project by identifying clear management measures and restrictions. Examples of the
foregoing include design of trash containers, including those in park areas and commercial
dumpsters, to be covered and self-closing at all times, design of containment systems to prevent
access by sea gulls, rats, crows, pigeons, skunks, opossums, raccoons, and similar animals and
adequate and frequent servicing of trash receptacles.
4.3.4 All buildings, signage, walkways, overlooks, light standards, roofs,
balconies, ledges, and other structures that could provide line of sight views of Wildlife Habitat
Areas will be designed in a manner to discourage their use as raptor perches or nests.
4.4 ADDITIONAL HABITAT MANAGEMENT AND PROTECTION.
4.4.1 The District will exercise diligent and good faith efforts to enter into
the following cooperative agreements with the USFWS or other appropriate agency or organization:
4.4.1.1 An agreement providing for the long-term protection and
management of the sensitive biological habitat running north from the South Bay Boatyard to the
Sweetwater River Channel (known as the Sweetwater Tidal Flats) and addressing educational
signage, long-term maintenance, and additional protection measures such as increased monitoring
and enforcement, shared jurisdiction and enforcement by District personnel with legal authority to
enforce applicable rules and regulations ("District Enforcement Personnel"), shared jurisdiction and
enforcement by District Enforcement Personnel and other appropriate Resource Agencies of
resource regulations, and placement of enforcement signage. Subject to the cooperation of the
applicable Resource Agency, such cooperative agreement will be executed prior to the Development
Commencement of any projects subject to District's jurisdiction within the Sweetwater or Harbor
Districts.
4.4.1.2 An agreement for the long-term protection and management of
the J Street Marsh and addressing additional protective measures such as educational signage, long-
term maintenance, and monitoring and enforcement by District Enforcement Personnel and
enforcement of resource regulations by District Enforcement Personnel and other Resource
Agencies and placement of enforcement signage. Subject to the cooperation of the applicable
Resource Agency, such cooperative agreement will be executed prior to the Development
Commencement within the Otay District.
4.4.1.3 If either of the cooperative agreements contemplated in
Sections 4.4.1.1 and 4.4.1.2 is not achievable within three (3) years after FEIR certification, the
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District will develop and pursue another mechanism that provides long-term, additional protection
and natural resource management for these areas.
4.4.2 The District will include an analysis of the appropriate level and
method for wetland and marine life habitat restoration of the intake/discharge channels associated
with the South Bay Power Plant in the environmental review document for the demolition of the
South Bay Power Plant.
4.4.3 The FEIR Project Description will be revised to include, within Parcel
SP-2, a permanent 1 OO-foot-wide buffer for the seasonal wetland from proposed development. The
PMP Amendment will also be revised to reflect the permanent buffer width within Parcel SP-2.
4.4.4 The FEIR Project Description for Parcel S-4 will be revised to add the
requirement for the fencing of the 100-foot buffer on the north side of the parcel prior to any
physical alterations ofthe site. In addition, the FEIR Project Description for parcels S-4 and S-I will
be amended to clarifY that at the time project specific development is proposed on these parcels,
shading impacts, appropriate setbacks, step backs, and/or height reductions, will be analyzed as part
of the necessary subsequent environmental review for those projects.
4.4.5 As a future and separate project, the District will investigate, in
consultation with the USFWS, the feasibility of restoring an ecologically meaningful tidal
connection between the F & G Street Marsh and the upland marsh on parcel SP-2 consistent with
USFWS restoration concepts for the area. At a minimum, the investigation will assess the biological
value of tidal influence, the presence of hazardous materials, necessary physical improvements to
achieve desired results, permitting requirements, and funding opportunities for establishing the tidal
connection. This investigation will be completed prior to the initiation of any physical alteration of
SP-2, F Street, and/or the F & G Street Marsh. In addition, once emergency access to the Proposed
Project area has been adequately established such that F Street is no longer needed for public right-
of-way, the District and City will abandon/vacate the F Street right-of-way for vehicular use, but
may reserve it for pedestrian and bicycle use if ecologically appropriate.
4.4.6 In addition to the standards described above, the NRMP will include:
4.4.6.1 All elements which address natural resource protection in the
FEIR Mitigation Monitoring and Reporting Program ("MMRP") including but not limited to those
which assign responsibility and timing for implementing mitigation measures consistent with the
City's MSCP Subarea Plan;
4.4.6.2 Pertinent sections of the MSCP Subarea Plan;
4.4.6.3 References to existing District policies and practices, such as
Predator management programs and daily trash collections with public areas and increase service
during special events;
4.4.6.4 Establishment of design guidelines to address adjacency
impacts, such as storm water, landscape design, light and noise and objectives as discussed in
Sections 4.6, 4.7, 4.8 and 4.9, below;
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4.4.6.5 Establishment of baseline conditions and management
objectives; and
4.4.6.6 Habitat enhancement objectives and priorities.
4.5 BIRD STRIKES AND BIRD DISORIENTATION. Use of reflective
coatings on any glass surface will be prohibited. Buildings will employ the measures described in
Mitigation Measure 4.8-23 of the FEIR to the maximum extent practicable. Structural design will
include secondary and tertiary setbacks and, to the maximum extent practicable, balconies and other
elements will step back from the water's edge.
4.5.1 Buildings will be sited and designed to minimize glass and windows
facing Wildlife Habitat Areas to the maximum extent possible. Design for towers on Parcel H-3
should avoid east-west monolith massing and should include architectural articulation.
4.5.2 Parcels containing surface parking, such as those depicted for the
Sweetwater District, will be designed with parking lots nearer Wildlife Habitat Areas. Site plans on
parcels adjacent to Wildlife Habitat Areas will maximize distance between structures and such areas.
4.5.3 Project design standards will encourage window stenciling and
angling.
4.5.4 Bird strikes must be monitored in accordance with the NRMP and
measures developed to address persistent problem areas. Nighttime lighting in tower buildings must
be addressed and evaluated through adaptive management. Minimization of impacts of buildings on
birds and the Wildlife Habitat Areas will be a priority in the selection of window coverings, glass
color, other exterior materials, and design of exterior lighting and lighting of signs.
4.5.5 The tallest buildings on Parcel H-3 will be located generally on the
southern portion of the parcel with building heights decreasing towards the north and west. The
foregoing will not be interpreted to preclude incorporating secondary and tertiary setbacks along
public streets.
4.6 STORM WATER AND URBAN RUNOFF QUALITY.
4.6.1 Vegetation-based storm water treatment facilities, such as natural
berms, swales, and detention areas are appropriate uses for Buffer Areas so long as they are designed
using native plant species and serve dual functions as habitat areas. Provisions for access for non-
destructive maintenance and removal of litter and excess sediment will be integrated into these
facilities. In areas that provide for the natural treatment of runoff, cattails, bulrush, mulefat, willow,
and the like are permissible.
4.6.2 Storm water and non-point source urban runoff into Wildlife Habitat
Areas must be monitored and managed so as to prevent unwanted ecotype conversion or weed
invasion. A plan to address the occurrence of any erosion or type conversion will be developed and
implemented, if necessary. Monitoring will include an assessment of stream bed scouring and
habitat degradation, sediment accumulation, shoreline erosion and stream bed widening, loss of
aquatic species, and decreased base flow.
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4.6.3 The use of persistent pesticides or fertilizers in landscaping that drains
into Wildlife Habitat Areas is prohibited. Integrated Pest Management must be used in all outdoor,
public, buffer, habitat, and park areas.
4.6.4 Fine trash filters (as approved by the agency having jurisdiction over
the storm drain) are required for all storm drain pipes that discharge toward Wildlife Habitat Areas.
4.7 LANDSCAPING AND VEGETATION. The following landscape
guidelines will apply to the Proposed Project area:
4.7.1 Invasive plant species (as defined in Appendix 4.8-7 of the FEIR or
listed in the California Invasive Plant Inventory list or California Invasive Plant Inventory Database
or updates) will not be used in the Proposed Project area. Any such invasive plant species that
establishes itself within the project area will be immediately removed to the maximum extent
feasible and in a manner adequate to prevent further distribution into Wildlife Habitat Areas.
4.7.2 Only designated native plants will be used in No-Touch Buffer Areas,
habitat restoration areas, or in the limited and transitional zones of Parcel SP-I adjacent to Wildlife
Habitat Areas.
4.7.3 Non-native plants will be prohibited adjacent to Wildlife Habitat Areas
and will be strongly discouraged and minimized elsewhere where they will provide breeding of
undesired scavengers.
4.7.4 No trees will be planted in the No-Touch Buffer Areas or directly
adjacent to a National Wildlife Refuge, J Street Marsh, or SP-2 areas where there is no Buffer Area.
4.8 LIGHTING AND ILLUMINATION.
4.8.1 All roadways will be designed, and where necessary edges bermed, to
ensure penetration of automobile lights in the Wildlife Habitat Areas will be minimized, subject to
applicable City and District roadway design standards.
4.8.2 Explicit lighting requirements to minimize impacts to Wildlife Habitat
Areas will be devised and implemented for all Bayfront uses including commercial, residential,
municipal, streets, recreational, and parking lots. Beacon and exterior flood lights are prohibited
where they would impact a Wildlife Habitat Area and use of this lighting should be minimized
throughout the project. All street and walkway lighting should be shielded to minimize sky glow.
4.8.3 To the maximum extent feasible, all external lighting will be designed
to minimize any impact to Wildlife Habitat Areas, and operations and maintenance conditions and
procedures will be devised to ensure appropriate long-term education and control. To the maximum
extent feasible, ambient light impacts to the Sweetwater or J Street Marshes will be minimized.
4.8.4 In Sweetwater and Otay District parks, lighting will be limited to that
which is necessary for security purposes. Security lighting will be strictly limited to that required by
applicable law enforcement requirements. All lighting proposed for the Sweetwater and Otay
District parks and the shoreline promenade will be placed only where needed for human safety.
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Lights will be placed on low-standing bollards, shielded, and flat bottomed, so the illumination is
directed downward onto the walkway and does not scatter. Lighting that emits only a low-range
yellow light will be used since yellow monochromatic light is not perceived as natural light by
wildlife and minimizes eco-disruptions. No night lighting for active sports facilities will be allowed.
4.8.5 Sweetwater and Otay District parks will open and close in accordance
with District Park Regulations.
4.8.6 Laser light shows will be prohibited.
4.8.7 Construction lighting will be controlled to minimize Wildlife Habitat
Areas impacts.
4.9 NOISE.
4.9.1 Construction noise must be controlled to minimize impact to Wildlife
Habitat Areas.
4.9.2 A maximum of three (3) fireworks events can be held, all outside of
Least Tern nesting season except 4th ofJuly, which may be allowed if in full regulatory compliance
and if the nesting colonies are monitored during the event and any impacts reported to the Wildlife
Advisory Committee so they can be addressed. All shows must comply with all applicable water
quality and species protection regulations. All shows must be consistent with policies, goals, and
objectives in NRMP.
4.10 EDUCATION. An environmental education program will be developed and
implemented and will include the following:
4.10.1 The program must continue forthe duration ofthe Proposed Project
and must target both residential and commercial uses as well as park visitors.
4.10.2 The program's primary objective will be to educate Bayfront residents,
visitors, tenants and workers about the natural condition of the Bay, the ecological importance of the
Proposed Project area and the public's role in the restoration and protection of wildlife resources of
the Bay.
4.10.3 The program will include educational signage, regular seminars and
interpretive walks on the natural history and resources ofthe area, regular stewardship events for
volunteers (shoreline and beach cleanups, exotic plant removal, etc.).
4.10.4 Adequate annual funding for personnel or contractor/consultant and
overhead to ensure implementation of the following functions and activities in collaboration with the
Chula Vista Nature Center or US Fish and Wildlife Service:
4.10.5 Coordination of Volunteer programs and events;
4.10.6 Coordination ofInterpretive and educational programs;
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4.10.7 Coordination of Tenant, resident and visitor educational programs;
4.1 0.8 Docent educational; and
4.10.9 Enhancements and restoration events.
4.11 BOATING IMPACTS.
4.11.1 All boating, human and pet intrusion must be kept away from the F &G
Street channel mouth and marsh.
4.11.2 Water areas must be managed with enforceable boating restrictions.
The District will exercise diligent and good faith efforts to enter into a cooperative agreement with
the Resource Agencies and Coast Guard to ensure monitoring and enforcement of no-boating zones
and speed limit restrictions to prevent wildlife disturbances.
4.11.3 No boating will be allowed in vicinity of the J Street Marsh or east of
the navigation channel in the Sweetwater District during the fall and spring migration and during the
winter season when flocks of birds are present.
4.11.4 All rentals of PWCs will be prohibited in the Proposed Project area.
4.11.5 Use PWCs will be prohibited in Wildlife Habitat Areas, subject to
applicable law.
4.11.6 A five (5) mile per hour speed limit will be enforced in areas other
than the navigation channels.
4.11.7 Nothing In this section shall preclude bona fide research, law
enforcement, or emergency activities.
5. RESTORATION PRIORITIES. The following will supplementthe description of
the conceptual mitigation opportunities in the FEIR (including Appendix 4.8-8 (Mitigation
Opportunities). The parties understand and acknowledge that the following restoration priorities will
not be included in the NRMP but rather will be applicable (i) if and only to the extent that District or
City are required to restore degraded habitat in accordance with the terms of the MMRP or (ii) to
establish priorities for District's pursuit of grant funding.
5.1 Restoration priorities for the Proposed Project are those mitIgation
opportunities in the FEIR as depicted in the conceptual mitigation opportunities (figures 4.8-23 and
4.8-26) and the projects located in the South Bay in the District's Adopted Restoration and
Enhancement Plan.
5.2 With the exception of the restoration described in Section 6.4, shoreline/marsh
interface restorations in the Sweetwater and Otay Districts should be natural and gradually sloped
and planted with salt marsh and upland transition plants in a manner that will stabilize the bank
without the need for additional riprap areas. Upland slopes should be contoured to provide a very
gentle grade so as to maximize tidal elevation of mudflats, salt marsh habitat and upland transition
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areas. This area should be wide enough to encourage or allow wildlife to move between the
Sweetwater marsh and the F &G Street marsh and between the J Street Marsh and the South San
Diego Bay Unit of the NWR. The shoreline should be improved and restored to facilitate a more
effective upland refuge area for species during high tides and to accommodate the impacts from
global sea rise.
5.3 The Telegraph Creek should be improved to be a more natural channel as part
of the redevelopment of the Otay District. Efforts to naturalize and revegetate the creek will be
maximized as is consistent with its function as a storm water conveyance.
5.4 The District will perform an analysis of the appropriate level and method for
environmental restoration of the intake/discharge channels associated with the South Bay Power
Plant in the environmental review document for the demolition of the power plant.
5.5 Clarifying language will be added to the FEIR to state that the removal of
Lagoon DrivelE Street will be done as part of the E Street extension improvement project.
6. SWEETWATER AND OT A Y DISTRICT PUBLIC PARK REQUIREMENTS.
Sweetwater and Otay District Public Parks will meet the following minimum standards in addition to
those described above:
6. I The parks will be Passive in nature and encourage Passive recreation, be low-
impact and contain minimal permanent structures. Structures will be limited to single-story heights
and will be limited in function to restrooms, picnic tables, tot lots, shade structures and overlooks.
For the purposes of this Agreement, the term "Passive" will mean that which emphasizes the open-
space aspect of a park and which involves a low level of development, including picnic areas and
trails. In contrast, active recreation is that which requires intensive development and includes
programmable elements that involve cooperative or team activity, including, ball fields and skate
parks.
6.2
where possible.
The parks will be constructed using low water-use ground cover alternatives
6.3 Pedestrian and bike trails will be segregated where feasible. A meandering
public trail will be provided along the entire length of the Bayfront. The meandering trail within the
Sweetwater Park and adjacent to Buffer Areas will not be paved.
6.4 The parks will not include athletic field amenities.
6.5 No unattended food vending will be allowed.
6.6 The parks will include enforcement signage that prohibits tenants, employees,
residents, or visitors from feeding or encouraging feral cat colonies and prevents feral cat drop-off or
abandonment of pets; and prohibits leash free areas near buffers.
6.7 Due to their immediate adjacency to Wildlife Habitat Areas, the following
restrictions will apply to parks located within the Sweetwater and Otay Districts:
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6.7.1 Such parks will be designated as Passive use parks and use of
amplified sound equipment will be prohibited.
6.7.2 Reservations for group events and activities will be prohibited.
7. PHASE I SIGNATURE PARK IMPROVEMENTS. Phase I Signature Park
improvements (including development of Parcel S-2, within the Transition Buffer Areas and Limited
Use zones of parcel SPI, and the fencing of the No-Touch Buffer Area of Parcel SPI) will be
completed prior to the issuance of Certificates of Occupancy for projects developed on either Parcel
H-3 or H-23 and after any additional necessary environmental review. The public participation
process for the design of the parks (see BCDC process described in Section 13 below) will be
completed prior to District staff seeking concept approval from the Board of Port Commissioners.
The concept approval for the Signature Park will include a refined plan to address the linkage
between the parks over the F and G Street Channel. The design will ensure that the linkage between
the two parks is easily accessed, obvious, and allows visitors to flow naturally and safely between
the two parts of the park. A separate pedestrian bridge will be evaluated and, if necessary, a
supplemental environmental review will be performed to address any necessary issues prior to the
concept approval being forwarded to the Board of Port Commissioners.
8. HAZARDOUS WASTE REMOVAL STANDARDS. Parcels contaminated with
hazardous materials will be remediated to levels adequate to protect human health and the
environment.
9. H-3 DENSITIES. The following provisions relate to the density of Parcel H-3.
9.1 The Project Description in the FEIR and the PMP A will be revised to include
a reduced RCC maximum building height of240 feet above ground level.
9.2 The Port Master Plan ("PMP") will establish a maximum number of hotel
rooms allowed to be constructed within the boundary of the Chula Vista Bayfront Master Plan which
will be 3,100 rooms with a maximum number of 2,850 hotel rooms within that portion of the
CVBMP covered by the PMP amendment ("PMP A Cap").
9.3 The Findings adopted in connection with the approval of the FEIR and PMP
amendment for the CVBMP will indicate that the full suite of mitigation measures described and
required within the certified FEIR is sufficient to mitigate the construction of 1,600 rooms and
415,000 net square feet of conference facilities on Parcel H-3 at the program level.
9.4 Any proposal to construct more than 1,600 rooms on Parcel H-3 will require a
supplement to the FEIR ("SEIR"). The SEIR will evaluate any areas needing additional analysis but,
at a minimum, must include biological impacts, massing, visual, noise, shading, water supply, water
quality, hazardous materials and environmental remediation, and will include discussion of the need
for additional mitigation measures to reduce impacts associated with any increase in rooms proposed
for Parcel H-3.
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10. CREATION OF THE SOUTH BAY WILDLIFE ADVISORY GROUP.
10.1 A South Bay Wildlife Advisory Group ("Wildlife Advisory Group") will be
formed to advise the District and City in the creation of the NRMP, cooperative management
agreements, Adaptive Management Review (defined below) and any related wildlife management
and restoration plans or prioritizations. The Wildlife Advisory Group will also address management
issues and options for resolution. The Wildlife Advisory Group will initiate and support funding
requests to the District and City, identify priorities for use of these funds and engage in partnering,
education, and volunteerism to support the development ofthe Proposed Project in a manner that
effectively protects and enhances the fish, wildlife, and habitats of the area and educates and engages
the public.
10.2 District and City will provide such administrative and staff support to the
Wildlife Advisory Group as is necessary to perform the functions and achieve the goals described
herein.
10.3 The Wildlife Advisory Group will be comprised of the following: one (I)
representative from each Environmental Health Coalition, San Diego Audubon Society, San Diego
Coastkeeper, Coastal Environmental Rights Foundation, Southwest Wetlands Interpretative
Association, Surfrider Foundation, San Diego Chapter and Empower San Diego; two (2)
representatives from the Chula Vista Nature Center (one from educational programs and one from
programs/operations); up to three (3) representatives of major developers or tenants with projects in
the CVBMP (including one from Pacifica Companies, which on completion, may be succeeded by a
representative of its homeowner association); one (I) representative from the City's Resource
Conservation Commission; one (I) from either Harborside or Mueller elementary school or the
School District; Western and Eastern Chula Vista residents selected by the City (one from
Northwest, one from Southwest and one from east ofl-80S); one (I) representative from eco-tourism
based business; two (2) individuals appointed by District; and representatives from Resource
Agencies (two from the US Fish and Wildlife Service one from Refuges and one from Endangered
Species, and one (I) each from California Department ofFish and Game, National Marine Fisheries
Service, Regional Water Board, and CCC).
10.4 The Wildlife Advisory Group will meet as needed, but at a minimum of every
six (6) months for the first ten (10) years and annually thereafter. The Wildlife Advisory Group will
be formed within six months of the filing of the Notice of Determination for the FEIR by the
District.
10.5 The Wildlife Advisory Group will meet at the intervals described in Section
10.4 to review the NRMP to: (i) determine the effectiveness of the NRMP in achieving the
Management Objectives; (ii) identify any changes or adjustments to the NRMP required to better
achieve the Management Objectives; (iii) identify any changes or adjustments to the NRMP required
to respond to changes in the man-made and natural environments that are affecting or, with the
passage of time may affect, the effectiveness of the NRMP in achieving the Management Objectives;
and (iv) review priorities relative to available funding. At its periodic meetings, the Wildlife
Advisory Group may also consider and make recommendations regarding (x) implementation of the
NRMP as needed, (y) Adaptive Management Review and (z) NRMP Amendments.
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10.6 The Wildlife Advisory Group will advise the JP A on expenditure of the
Community Benefits Fund consistent with Section 3.5, subject to applicable law.
10.7 Written recommendations from the Wildlife Advisory Group will be
forwarded to the District and City for consideration on key decisions as the build-out of the Proposed
Project occurs.
11. DISPUTE RESOLUTION FOR PLAN CREATION AND AMENDMENT. The
parties agree and acknowledge that the NRMP and any material amendments to the NRMP will
require submission, review, and approval by the CCC after final adoption by the District and City.
Nonetheless, the parties agree that each of them would benefit if the NRMP is developed though a
meaningful stakeholder process providing for the resolution of as many disagreements as possible
prior to NRMP submission to the CCC. This section provides a process by which the Coalition can
participate in the creation and amendment of the NRMP.
11.1 PLAN CREATION AND AMENDMENT. Where this Agreement
contemplates the creation ofthe NRMP following the Effective Date or an NRMP Amendment, this
section will provide a non-exclusive mechanism for the parties to resolve disputes concerning the
content of the NRMP and such NRMP Amendments. The standard of review and burden of proof for
any disputes arising hereunder shall be the same as those under the California Environmental Quality
Act.
11.1.1 PLAN CREATION AND AMENDMENT INFORMAL
NEGOTIATIONS. Any dispute that arises with respect to the creation or amendment of the NRMP
will in the first instance be the subject of informal negotiations between the parties to the dispute. A
dispute will be considered to have arisen when one (1) party (the "Disputing Party") sends the other
party a written Notice of Dispute. During the informal negotiations, the Disputing Party will identify
in writing and with specificity the issue, standard, or proposed requirement which is the subject of
the dispute (the "Notice of Dispute"). The period for informal negotiations will not exceed thirty
(30) days from the date the Notice of Dispute is received.
11.1.2 PLAN CREATION AND AMENDMENT FORMAL DISPUTE
RESOLUTION, PHASE I. In the event the Parties cannot resolve a dispute by informal
negotiations under Section 11.1.1, the Disputing Party may invoke formal dispute resolution
procedures by providing the other parties a written statement of position on the matter in dispute,
including, but not limited to, any facts, data, analysis or opinion supporting that position and any
supporting documentation relied upon by the Disputing Party (the "Position Statement"). The
Position Statement must be transmitted (via electronic mail or verifiable post) within thirty (30) days
of the end of informal negotiations, and will be provided to the other parties and to each member of
the Wildlife Advisory Group. If informal negotiations are unsuccessful, and the Disputing Party
does not invoke formal dispute resolution within thirty (30) days, the position held by the District,
City or Agency (the respective public agency involved in such dispute is hereinafter called
"Managing Agency") will be binding on the Disputing Party, subject to submission, review, and
approval by the CCC.
11.1.2.1 The other parties will submit their position statements
("Opposition Statements"), including facts, data, analysis or opinion in support thereof, to the
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Disputing Party and the Wildlife Advisory Group members within thirty (30) days of transmission of
the Position Statement.
11.1.2.2 Within twenty-one (21) days after transmission of the
Opposition Statement(s), the Wildlife Advisory Group will convene, consider and, within a
reasonable period of time thereafter, render its proposed resolution of the dispute. The Wildlife
Advisory Group's decision will not be binding upon the Disputing Party, but rather, will be
considered purely advisory in nature. The proposed resolution ofthe Wildlife Advisory Group will
be that comprehensive recommendation supported by a majority of Wildlife Advisory Group
members after vote, with each member entitled to one vote. The Wildlife Advisory Group's
proposal will be transmitted to all parties by an appointed Wildlife Advisory Group member via
electronic mail.
11.1.3 PLAN CREATION AND AMENDMENT FORMAL DISPUTE
RESOLUTION, PHASE II. If any party to this agreement does not accept the advisory decision of
the Wildlife Advisory Group, it must invoke the second phase of formal dispute resolution by
presenting the dispute to the governing board ("Governing Board") of the Managing Agency (i.e.,
Board of Port Commissioners or City Council). This phase of the dispute resolution process is
initiated by such party providing written notice to the other parties within thirty (30) days of receipt
of the Wildlife Advisory Group proposal ("MA Notice"). The MA Notice will include the Position
Statement, Opposition Statement, the Wildlife Advisory Group proposal, and any other infonnation
such party desires to include. Any supplement to the Opposition Statement will be filed with the
Managing Agency within fourteen (14) days. The Governing Board of the Managing Agency will
review the transmitted information and within sixty (60) days from receipt of the MA Notice will
schedule a public hearing to consider the dispute and within ten (10) days of such public hearing,
render a decision. The decision ofthe Governing Board ofthe Managing Agency will be final and
binding on the Managing Agency but will not bind the members of the Coalition. If the members of
the Coalition accept the decision of the Governing Board of the Managing Agency, the decision will
dictate the manner in which the dispute is resolved in the NRMP or amendment to the NRMP.
Nothing herein will preclude such party from publicly opposing or supporting the Governing
Board's decision before the CCc.
12. DISPUTE RESOLUTION REGARDING NRMP IMPLEMENTATION AND
ENFORCEMENT. Once the CCC approves the NRMP or any NRMP Amendment, the Governing
Board will issue a Notice of Adoption with respect to the NRMP or NRMP amendment. Once a
Notice of Adoption is issued with respect to the NRMP or NRMP Amendment, this section will be
the exclusive mechanism for the parties to resolve disputes arising under, or with respect to
implementation or enforcement of, the NRMP including when the NRMP is reviewed during an
Adaptive Management Review or Periodic Review and such review does not require an NRMP
Amendment. This provision will not be used to challenge the adequacy of the NRMP or an NRMP
Amendment after the issuance of a Notice of Adoption with respect thereto. The standard of review
and burden of proof for any disputes arising hereunder shall be the same as those under the
California Environmental Quality Act.
12.1 PLAN ENFORCEMENT INFORMAL NEGOTIATIONS. Any dispute
that arises with respect to implementation or enforcement of the NRMP will in the first instance be
the subject of informal negotiations between the parties to the dispute. A dispute will be considered
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to have arisen when one Disputing Party sends the other party a written Notice of Dispute. During
the informal negotiations, the Disputing Party will send a written Notice of Dispute to the other
parties specifying the aspect of the NRMP it believes is not being implemented properly and the way
in which the Disputing Party believes the NRMP should be implemented according to its terms (the
"Notice of Dispute"). The period for informal negotiations will not exceed forty-five (45) days from
the date such Notice of Dispute is received.
12.2 PLAN ENFORCEMENT FORMAL DISPUTE RESOLUTION,
PHASE I. In the event the Parties cannot resolve a dispute by informal negotiations under the
preceding section, the Disputing Party may invoke a formal dispute resolution procedure by
presenting the dispute to the Governing Board of the Managing Agency by providing the other
parties a written statement of position on the matter in dispute, including, but not limited to, any
facts, data, analysis or opinion supporting that position and any supporting documentation relied
upon by the Disputing Party (the "Position Statement"). The Position Statement must be transmitted
(via electronic mail or verifiable post) within thirty (30) days of the end of informal negotiations, and
will be provided to the other parties, to each member of the Wildlife Advisory Group. Ifinformal
negotiations are unsuccessful, and the Disputing Party does not invoke formal dispute resolution
within thirty (30) days, the Managing Agency's position will be binding on the Disputing Party
subject to any periodic review and/or approval by the CCC, ifrequired by law.
12.2.1 The other parties will submit their position statements ("Opposition
Statements"), including facts, data, analysis or opinion in support thereof, to the Disputing Party, the
Wildlife Advisory Group members, and the Governing Board within thirty (30) days of transmission
of the Position Statement.
12.2.2 Within forty-five (45) days after transmission of the Opposition
Statement(s), the Disputing Party will provide a written notice ("MA II Notice") to the other parties,
the Wildlife Advisory Group and the Governing Board. TheMAII Notice will include the Position
Statement, Opposition Statement, the Wildlife Advisory Group proposal, and any other information
the Disputing Party desires to include. Any supplement to the Opposition Statement will be filed
with the Managing Agency within fourteen (14) days following receipt of the MAIl Notice. The
Governing Board will review the transmitted information and within sixty (60) days from receipt of
the MA II Notice will schedule a public hearing to consider the dispute and within ten (10) days of
such public hearing, render a decision. The decision of the Governing Board will be final and
binding on the Managing Agency but will not bind the members of Coalition. If the members of the
Coalition accept the decision of the Governing Board of the Managing Agency, the decision will
dictate the manner in which the dispute is resolved in the NRMP. If any member of the Coalition
disagrees with the decision of the Governing Board, it shall have the right to seek a petition for writ
of mandate from the Superior Court of California, San Diego Division.
12.3 WAIVER OF DEFENSE. To the extent permitted by law, the District, City
and RDA agree that lack offunds shall not be a defense to any claim offailure to adequately fund
implementation and enforcement of the adopted NRMP.
13. BAYFRONT CULTURAL AND DESIGN COMMITTEE FOR PROJECTS
LOCATED IN PORT DISTRICT LANDS.
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13.1 District will fonn a Bayfront Cultural and Design Committee ("BCDC") to
advise the District in addressing the design of parks, cultural facilities, and development projects.
The public participation process for the BCDC will include broad community representation and will
be modeled after the Community Advisory Committee (CAe) process. Membership will include at
least one member each from the District, Chula Vista Planning Commission, Design Review
Committee, and Resource Conservation Committee.
13.2 The BCDC will advise the District in the establishment ofCVBMP design
guidelines to address cohesive development and streetscape design standards, walkways and
bikeways design to promote safe walking and biking, standards for design of park areas, and cultural
facilities but will not address NRMP and Wildlife Habitat Areas design guidelines described above.
A minimum of three public meeting/workshops will be held to establish the design guidelines.
13.3 The BCDC will have an opportunity to provide input on the development of
any District-sponsored Request for Proposals ("RFP(s)") or Request for Qualifications ("RFQ(s)")
for major development projects. District will conduct a stakeholder review of major development
projects following completion of the RFPIRFQ selection process and the BCDC will be invited to
participate in such review. In addition, BCDC will be invited to participate in stakeholder design
review of park and/or cultural facilities within the CVBMP prior to District Staff seeking concept
approval from the Board of Port Commissioners.
13.4 The BCDC will have an opportunity to advise and provide input on District-
sponsored public art projects proposed for sites within the Proposed Project area through
representation on artist/artwork selection panels convened by the District. These project-specific, ad
hoc panels will; make recommendations to the District's public art committee and staff regarding
acquisitions and exhibitions. The BCDC will be notified of the fonnation of such selection panels
and will be afforded an opportunity to nominate one or more of its members, preferably with art
related experience or background, to serve thereon.
14. PORT MASTER PLAN AMENDMENT. The District will revise the Port Master
Plan Amendment as follows prior to submission to the CCC.
14.1 Consistent with Section 9, above, the Port Master Plan will incorporate the
PMPA Cap and an H-3 tower maximum height of240 feet.
14.2 Add the following clause to the definition for the Industrial Business Park
land use designation after the words "active sports facilities" wherever they appear: ".. .where
associated with a business park campus and intended for employees."
14.3 Delete the following sentence from the proposed definition for the Wetlands
land use designation: "Development within wetland buffers is limited to Passive uses, such as
outlooks, picnic areas, and/or spur-trails. Such improvements should include interpretive and
educational opportunities while allowing coastal access in a manner that will ensure the protection
and preservation of these sensitive habitat areas."
14.4 Revise the beginning of the third sentence in the last paragraph of the Otay
District Planning Subarea description, describing roadways in the Otay District as follows: "A
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shoreline pedestrian trail is proposed in the Otay District, and its design will ensure protection of the
adjacent sensitive habitat areas..."
14.5 Revise the beginning of the penultimate sentence under the Wildlife Reserve
Subarea description as follows: "Other than potential habitat restoration activities, no alterations to
the existing intake/discharge channel area are proposed..."
14.6 As part of a separate project and PMP amendment, the District will revise the
Marine Sales & Service land use designation on the D Street Fill area to Estuary or Habitat
Replacement.
15. ENERGY. The parties agree that the development of the Proposed Project offers the
District and City a unique opportunity to demonstrate the viability of responsible and sustainable
development practices. Accordingly, the parties desire to establish guidelines to govern the future
build-out of the programmatic elements of Proposed Project and to ensure that the Proposed Project
is comprised of high performance and highly energy-efficient buildings and clean, efficient
generation. The parties further agree that the standards in this section are intended to be interpreted
broadly and with the flexibility to adapt to new energy technology and evolving building
construction and design practices.
15.! This section will apply to and govern development of all parcels within the
Proposed Project area except Parcels HP-5, H-13, H-14 and H-15. The term "Development" will
mean the development of an individual parcel within the Proposed Project area.
15.2 To help reduce the need for fossil-fueled power generation, reduce greenhouse
gas emissions, and support the California Energy Commission's Loading Order for Electricity
Resources, all Developments will achieve a minimum of a fifty (50) percent reduction in annual
energy use in accordance with this section.
15.2.1 Each building in each Development will perform at least fifteen (15)
percent better than Title 24, Part 6 of the California Building Energy Efficiency Standards ("Title
24") in effect on the date of this agreement. The minimum energy efficiency performance standard
adopted by the City is hereinafter described as its "Energy Efficiency Requirement" or "EER".
Should revised Title 24 standards be adopted by the State of California, the City's EER at the time a
building permit application is submitted for such Development shall apply.
15.2.2 The balance of the reduction in annual energy use required by
Section 15.2 will be achieved through the use of any combination of the energy reduction measures
described in this Section 15 .2.2. To achieve compliance with this section, sponsors of Developments
may select one of two paths. The first path is based on Title 24 ("Title 24 Path") and the second is
described in Energy and Atmosphere, Credit I "Optimize Energy Performance" (Credit EA-/c 1) in
the US Green Building Council's Leadership in Energy and Environmental Design (LEED) v3
system ("LEED Path"). The definition of the term "Baseline" against which energy reduction will
be measured will vary depending on the path selected and is further described in Exhibit 3 to this
Agreement.
15.2.2.1 Renewable Energy generated within the boundaries of the
Development will be credited toward the energy reduction requirement of Section 15.2. The term
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"Renewable Energy" will mean energy derived from the sources described in California Public
Resources Code section 25741 (b) I.
15.2.2.2 Renewable Energy generated on one or more sites
("Renewable Energy Sites") within the boundaries ofthe Proposed Project by the District, City or
other third party and fed to the electrical grid or to the Development will be credited toward the
energy reduction requirement of Section 15.2. Aggregate energy generated on Renewable Energy
Sites may be allocated to an individual Development up to the amount necessary to achieve such
Development's compliance with the energy reduction requirement of Section 15.2. Once allocated to
a Development, the amount of energy generated by Renewable Energy Sites so allocated may not be
further allocated to another Development.
15.2.2.3 Participation in a City of Chula Vista sponsored energy
efficiency program provided that the resulting energy reduction may be calculated and verified. The
methodology for calculating the amount of the credit toward the energy reduction requirement of
Section 15.2 under the Title 24 Path and the LEED Path is described in Exhibit 3.
15.2.2.4 Each Development will develop, implement, and for the
life of each Development, maintain a measurement and verification plan ("M&V Plan"). Such
participation has been shown to increase the persistence of energy efficiency ("EE") and also to
provide a way of recognizing and encouraging the ongoing conservation efforts of occupants and
facility managers and will be awarded a waiver for five (5) percent credit against the Baseline to
determine compliance with the energy reduction requirement of Section 15.2. The District will
include in all leases the requirement to perform an energy audit every three (3) years for the
convention centers and hotel Developments over 300 rooms and five (5) years for all other
Developments to ensure that all energy systems are performing as planned or corrective action will
be taken iffailing to meet EE commitments.
15.2.2.5 Participation in one ofSDG&E's manual or semi-automatic
Demand Reduction (DR) utility rates will be awarded a waiver for three (3) percent credit against the
Baseline to determine compliance with the energy reduction requirement of Section 15.2.
15.2.2.6 Participation in one of SDG&E's automatic Demand
Reduction (DR) utility rates will be awarded a waiver for five (5) percent credit against the Baseline
to determine compliance with the energy reduction requirement of Section 15.2.
15.2.2.7 Incorporation of natural ventilation into design such that at
least 75% of the conditioned area is naturally ventilated according to the guidelines set forth in
Exhibit 3, and if this benefit was not included in the energy efficiency calculations, the project will
be awarded either: a waiver for five (5) percent credit against the Baseline to determine compliance
with the energy reduction requirement of Section 15.2; or, a waiver for ten (10) percent credit will be
awarded if the natural ventilation system is coupled with an energy or cooling system that does not
draw from the grid if and when natural ventilation is not used. This may be prorated ifless than 75%
of the conditioned area is naturally ventilated.
15.2.3 The parties understand and acknowledge that the energy reduction
measures described in Section 15.2.2.1, 15.2.2.2 and 15.2.2.3 for a Development or component of a
23
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Development may be phased in over time to achieve compliance with the energy reduction
requirement of Section 15.2 provided such energy reduction measures are completed no later than
thirty-six (36) months following issuance of a certificate of occupancy for such Development or such
component thereof.
15.2.4 To further incent responsible and sustainable development practices
within the boundaries of the Proposed Project, District, City and RDA will consider voluntary
commitments to levels of energy reduction in excess of the requirements of Section 15.2,
commitment to achievement of a LEED Certification, and/or a "Living Building Challenge" in
connection with the selection ofrespondents in RFPfRFQ processes for Developments within the
Proposed Project area.
15.2.5 Within one year following the CCC' s approval of a PMP amendment
substantially consistent with the Proposed Project, the District will in good faith consider adoption of
an ordinance, in a public hearing process, that if approved by the Board of Port Commissioners will
require the following:
15.2.5.1 Within six (6) months following adoption of the
ordinance and every three (3) years thereafter, the District will conduct an energy efficiency and
renewable energy analysis that will:
(1) Assess the feasibility and cost-effectiveness of
programs and options to reduce demand on the electric grid from all lands under District's
jurisdiction; and,
(2) Include, but not be limited to, an assessment of the
potential for reduction in energy use on all land under District's jurisdiction through increases in
energy efficiency, demand response, clean renewable and distributed energy generation and other
methods and technologies.
15.2.5.2 Upon the completion of each analysis, the District will
consider good faith implementation of cost-effective programs and options as part of its commitment
to greenhouse gas reductions and global climate change prevention activities consistent with
Assembly Bill 32.
15.2.5.3 The results of each analysis will be published on the
District's website and received by the District's Board of Port Commissioners in a public forum.
16. HOUSING IMPACTS. The Redevelopment Agency will use all Low and Moderate
Income Housing funds generated from within the Bayfront Redevelopment Project Area on the
production of affordable housing units, inside and/or outside of redevelopment areas, for very low,
low and moderate income individuals/families only in areas located west ofI-805 in the City of
Chula Vista.
17. THE COALITION'S UNDERTAKINGS. In consideration of the obligations
undertaken and the promises made herein by the District, the City and the RDA, the Coalition hereby
covenants and agrees to undertake the following actions:
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17.1 To support and to actively lobby, in writing, and where practicable orally, the
CCC, the State Lands Commission, the Board of Port Commissioners, and the Chula Vista City
Council, to approve the FEIR and the Proposed Project;
17.2 Except as expressly provided herein, to take no action whatsoever, directly or
indirectly, whether in writing, orally or otherwise, to oppose any governmental approval, permit
(including without limitation, coastal development permits) or other entitlement, or non-material
modification or amendment thereof, which is or may be required for the certification of the FElR or
approval of the Proposed Project whether injudicial, administrative or legislative proceedings; and
17.3 Except as expressly provided herein, to provide no assistance whatsoever,
directly or indirectly, whether financial, legal or otherwise, to any person, organization or other
entity to oppose any governmental approval, permit (including without limitation, coastal
development permits) or other entitlement, or non-material modification or amendment thereof,
which is or may be required for the certification of the FEIR or approval of the Proposed Project
whether in judicial, administrative or legislative proceedings.
17.4 Other than with respect to matters specifically addressed in this Agreement,
the FEIR, and as components of the Proposed Project approval, Coalition member organizations
shall have the right to fully participate in environmental review and project-approval processes for
components of the Bayfront development that require project-level review subsequent to FEIR
certification and Proposed Project approval.
17.5 Nothing herein shall be interpreted to preclude Coalition member
organizations from fully participating in any agency actions related to the cleanup of contaminated
soils and sediments within the Proposed Project boundary.
17.6 Nothing herein shall be interpreted to preclude Coalition member
organizations from fully participating in processes related to the decommissioning and demolition of
the South Bay Power Plant (including substation relocation).
17.7 Notwithstanding the preceding provisions of this Section 17, in the eventthe
Proposed Project is approved, the Coalition reserves the right to object to any material failure to
implement the Proposed Project in compliance with this Agreement, the Mitigation Monitoring and
Reporting Program and all applicable laws, regulations or permit requirements.
18. COALITION SUPPORT FOR FEIR AND PROJECT APPROVAL. The
Coalition member organizations acknowledge and agree that the District, the City, and RDA have
appropriately sought and received input from stakeholders concerned with environmental protection,
community benefits, and the legal adequacy of the DEIR. The Coalition member organization's
agree that the District, City and RDA have incorporated numerous significant and meaningful
community recommendations into the FEIR, and that the negotiation process and this Agreement
have resulted in a much improved Proposed Project such that it will have the support Coalition
member organizations. The parties acknowledge and agree that, although the undertakings of the
District, the City and the RDA set forth in this Agreement are intended to provide additional
protection to the natural resources and environment above and beyond that required by CEQA and
the other federal, state and local laws and regulations which apply to the Proposed Project, said
25
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undertakings will constitute mitigation measures which will be included in the FEIR and the MMRP
adopted by the District, the City and the RDA ifthe Proposed Project is approved and which will be
enforceable as mitigation measures pursuant to this Agreement.
19. IDENTIFICATION OF GRANTS. Coalition will use reasonable best efforts to
identify, and at each member organization's sole discretion to support, grants and other funding
options to assist the District, City, and RDA meet their obligations under this Agreement.
20. NO LIMITATION ON THE DISTRICT'S, CITY'S ORRDA'S DISCRETION.
The parties acknowledge and agree that nothing in this Agreement will be construed as
circumscribing or limiting the District's, City's or RDA's discretion with respect to the
environmental review required by CEQA and that the District, City and RDA (as applicable), in their
sole and absolute discretion, may elect not to certify or approve the FEIR or not to approve the
Proposed Project, or may select an alternative, including the alternative of not going forward with
the Proposed Project, or adopt mitigation measures or conditions which they determine are necessary
and appropriate to reduce or avoid any potential environmental impact of the Proposed Project or to
comply with any applicable law orregulation. In the event that the District, City or RDA elect not to
certify or approve the FEIR or not to approve the Proposed Project, any such action or inaction will
not constitute a breach of the District's, City's or RDA' s obligations under this Agreement and this
Agreement will terminate and will be of no further force and effect.
2 I. THE DISTRICT'S, CITY'S AND RDA'S UNDERTAKINGS. The undertakings
of the District, City and RDA set forth in Sections 3 through 10 and 13 through 16 of this Agreement
provide additional mitigation measures that will be incorporated into the FEIR and the MMRP, and
will be implemented by the District, City and RDA and may be enforced by the Coalition or any
member organization as mitigation measures. The Parties further agree that the Coalition or any
member organization have standing to enforce mitigation measures pursuant to Code of Civil
Procedure section 1085 and Public Resources Code section 21 081.6(b).
22. RESERVATION OF DISCRETION. The contents of this Agreement
notwithstanding, District, City and RDA reserve their discretion to approve or disapprove all actions
which require by law the exercise of discretion and which District, City and RDA cannot lawfully be
committed to by contract. Such reservation of discretion will apply to all contemplated legislative
and quasi-judicial actions including, without limitation, approval ofland use entitlements, CEQA
compliance, the exercise of eminent domain, code enforcement and the making of findings and
determinations required by law.
23. JOB QUALITY. District agrees to comply with the requirements contained in the
Covenants and Agreements of District With Respect to Job Quality attached to this Agreement as
Exhibit 4. For the avoidance of doubt, the parties to this Agreement acknowledge and agree that the
covenants and agreements contained in Exhibit 4 apply solely and exclusively to District and will
have no force or effect on the City or the RDA.
24. MISCELLANEOUS.
24.1 This Agreement may be pleaded by any party hereto as a full and complete
defense to and may be used as the basis for an injunction against any action, suit, claim or other
26
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proceeding of any type which may be prosecuted, initiated or attempted in violation of the terms
hereof,
24.2 Each party signing this Agreement jointly and severally represents and
warrants that it has full authority to obligate the party or parties on whose behalf it is signing and that
no further action or authorization is necessary to execute this Agreement on behalf of such party.
The Coalition specifically represents and warrants that it has full authority to obligate its members,
that no further action is necessary for the Coalition to make this Agreement on behalf of itself and
each of its members, and that the following organizations constitute all of the members of the
Coalition: Environmental Health Coalition, San Diego Audubon Society, San Diego Coastkeeper,
Coastal Environmental Rights Foundation, Southwest Wetlands Interpretative Association, Surfrider
Foundation, San Diego Chapter and Empower San Diego.
24.3 The parties have read all of this Agreement, fully understand the same and
have consulted with their attorneys regarding this Agreement. The parties hereto are represented by
independent counsel, with whom each party has fully discussed the terms and consequences of this
Agreement. The Coalition and its members are represented by the Coast Law Group, LLP, 1140
South Coast Highway 101, Encinitas, California; the District is represented by the Office ofthe Port
Attorney, 3165 Pacific Highway, San Diego, California and Hogan Guiney Dick, LLP, 225
Broadway, Suite 1900, San Diego, California; and the City and the RDA are represented by the
Office of the City Attorney, 276 Fourth Avenue, Chula Vista, California. The parties hereto
acknowledge that they execute this Agreement of their own free will and under no threat, menace,
coercion or duress of any kind from any party. The parties further acknowledge that they execute
this Agreement acting on their independent judgment and upon the advice of their respective
counsel, without any representation, express or implied, of any kind from any other party, except as
specifically set forth herein.
24.4 In the event it becomes necessary for any party to obtain the services of an
attorney to enforce the provisions of this Agreement against any party who has breached any
obligation set forth herein, the prevailing party in any proceeding will be entitled to recover all its
attorneys' fees and costs incurred.
24.5 This Agreement constitutes the entire fully integrated written agreement
among the parties with respect to the subject matter of this Agreement and may not be modified or
waived except by a writing duly executed on behalf of the party to be bound by the waiver or
modification.
24.6 Ifany part of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, such decision will not affect the validity of any remaining portion of
this Agreement and the remainder will stand in full force and effect.
24.7 This Agreement is executed and delivered within the State of California and
will be construed and covered by the laws ofthe State of California.
24.8 This Agreement will be binding upon and will inure to the benefit of the
parties hereto and to all members, beneficiaries, elected and appointed officials, officers, directors,
employees, attorneys, agents, successors, affiliates, heirs and assigns of any party.
27
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24.9 This Agreement may be executed in one or more counterparts and, when
executed by each of the parties signatory hereto, said counterparts will constitute a single valid
Agreement even though each of the signatory parties may have executed separate counterparts
hereof.
IN WITNESS WHEREOF, this Chula Vista Bayfront Master Plan Settlement Agreement is
executed on the date(s) set forth below.
Dated: May _,2010
ENVIRONMENTAL HEALTH COALITION
By:
Dated: May _,2010
SAN DIEGO AUDUBON SOCIETY
By:
Dated: May _,2010
SAN DIEGO COASTKEEPER
By:
Dated: May _,2010
COASTAL ENVIRONMENTAL RIGHTS
FOUNDATION
By:
Dated: May _, 2010
SOUTHWEST WETLANDS INTERPRETATIVE
ASSOCIATION
By:
Dated: May _, 2010
THE SURFRIDER FOUNDATION (SAN DIEGO
CHAPTER)
By:
[SIGNATURES CONTINUED NEXT PAGE]
28
8-34
T7~lTIOhQ( ~~rrYra~ioh
24.9 This Agreement may be executed in one or more counterparts and, when
executed by each of the parties signatory hereto, said counterparts will constitute a single valid
Agreement even though each of the signatory parties may have executed separate counterparts
hereof.
IN WITNESS WHEREOF, this Chula Vista Bayfron[ Master Plan Settlement Agreement is
executed on the date(s) set forth below.
Dated: May 5 , 2010 ENV NMENTAL HEALTH COALITION
By: ~ c~-e.. ~
Dated: May S, 2010 SAN DIEGO AUDUBON SOCIETY
By:
Cox:.wai,o. L~,'~:r
Dated: May ~, 2010 SAN DIEGO COASTKEEPER
By:
.cater
Dated: May ~, 2010 COASTAL ENVIRONM N.TA~L (RIGHTS
FOUNDAT`~ d-
By:
~~
Dated: May ~, 2010 SOUTHWEST WETLANDS INTERPRETATIVE
ASSOCI~A~T/(ION 1 ~ (////{~ /~7I
By: L~1~!/iI L:Y~ ~4~ ~ "~C
~,~~s, a~t~~
Dated: May S, 2010
THE SURFRIDER FO ION (SAN DIEGO
CHAPT~)
l ~ Qn
[SIGNATURES CONTINUED NEXT PAGE]
28
Dated: May 5 , 2010 EMPOWER N/DIEGO ~/'~
i
Dated: May _, 2010 SAN DIEGO UNIFIED PORT DISTRICT
By:
Dated: May _, 2010 CITY OF CHULA VISTA
By:
Dated: May _, 2010 REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA
By:
Attest:
Donna Norris, City Clerk
Approved as to form and legality:
Bart C. Miesfeld,
City Attorney/Agency General Counsel
Approved as to form and legality:
Port Attorney
29
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,
,
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t.DOO
Feet
2,OJO
National Wildlife Refuge (San Diego Bay Unitt
Sweetwater Marsh National Wildlife Refuge'
~ City of Chula Vista LCP Open Space Land Use Designation
W~~1!j City of Chula Vista 8-4 100ft. No-Touch Buffer
I i CVBMP Boundary
Port Master Plan - Planning District 7
Conservation Land and Water Designations
AERIAL SOURCE: DIGITAL GlOBE MARCH 2007
_Estuary
Habitat Replacement
. Wetland
Exhibit 1
Wildlife Habitat Areas
(Defined by 3 3.1 of the Chula Vista Bayfront Master Plan Settlement Agreement; the agreement prevails over any conflict with this exhibit.)
Proposed Navigation Channel
'Nation~1 Wildlire Refug<J lands are included m the defin,tiQn of INilcllife Habitat Areas for the $Ole purpose of addressing Jdjacfficy impacts Jr1d not for the purpose of impos'ng affirm"tiv~
re<;OUfce management obligations with respect to the areas""';lhin the NalionalWildlife Refuge lands.
8-35
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Exhibit 2 - Buffer Areas
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. No-Touch Buffer
-min 200 ft width Sweetwater Distrjct
-min 100 ft width S-4 Parcel
-min 100 ft width Otay District
D Limited Use Buffer
-min 100 ft width
.Transitional Use Buffer
-min 100 ft width
- Promenade
(Defined by 9 4.1.3 and 4.1.4 of the Chula Vista Bayfront Master Plan Settlement Agreement; the agreement prevails over any conflict
with this exhibit)
8-36
EXHIBIT 3
Exhibit 3 outlines the metholodogies for determing that the goals of the Energy Section are met. The Sample Worksheets are for illustration purposes, to provide a
format which may be used both by Developments and by the City of Chula Vista's Building Department. Note that the Energy Section outlines requirements and
approaches for projects which will be subject to future codes, regulations, tariffs, and technologies, all of which are subject to change. When clarifications are needed,
they will be provided by the City of Chula Vista.
Baseline. The term "Baseline" refers to the amount of energy against which the energy reduction will be measured.
SAMPLE Worksheets. Sample worksheets are provided as suggested approaches. Actual worksheets for calculating the energy requirements should be coordinated with
the City of (hula Vista Building Department.
Title 24 Path. Title 24 language refers to the "Standard Budget" and "Proposed Budget." The Whole Building Performance Method, which generates the Standard and
Proposed Energy Budgets, is specifically for energy uses within a conditioned building, and does not include lighting which is in Interior Unconditioned Spaces or lighting
which is outside. However, for the purposes of the Energy Section, this lighting energy will be added to the energy budgets for the conditioned building, and the
combined energy uses will become the Baseline for the "Title 24 Path." Each of the various energy uses will be converted into Site kBtu, except for the final 5% energy
reduction waiver allowed for Ongoing Measurement and Verification.
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lEED Path. lEED language refers to the "Baseline Design" and "Proposed Design." The lEED Path Baseline is likely to be different and higher than the Title 24 Path
Baseline because lEED counts all of the energy uses within the site boundary, some of which are not counted by Title 24. However, LEED is also likely to be better and
more comprehensive in calculating overall energy performance features, such as district thermal plants, combined heat and power, natural ventilation, efficiencies in
process loads, aggregating multiple buildings, and the benefits of renewable energy. Each of the various energy uses will be converted into dollars ($), except for the
final 5% energy reduction waiver allowed for Ongoing Measurement and Verification.
If the LEED Path is chosen, the Development may be subject to an additional fee to the City of Chula Vista for a 3rd party plan check by an experienced LEED reviewer
acceptable to the City. Recognizing that LEED Templates may not be complete at the time of the initial Building Department submittals, draft Templates may be used, at
the discretion of the reviewer.
Natural Ventilation. When using Natural Ventilation (NV) toqualify as an energy reduction feature, the Development may qualify for a waiver of up to 10% if at least
75% of the area that would normally be cooled relies solely on natural ventilation strategies to help maintain comfortable temperatures. Pro-rations are possible.
Citv of Chula Vista Soonsored Energv Efficiencv Program. Refer to the appropriate City ordinances for details on this program.
Measurement and Verification. Each Development shall develop and implement an ongoing Measurement and Verification (M&V) Plan consistent with the
International Performance Measurement and Verification Protocol (IPMVP) Volume III, Concepts and Options for Determining Energy Savings in New Construction, April
2003. The Development may choose either Option B or Option D. If the lEED Path is chosen, the M&V Plan should be consistent with Credit EAc5, except that LEED only
requires one year of implementation, and the Energy Section of this Agreement requires M&V to be ongoing.
Demand Response Tariffs. Developments which enroll in SDG&E Demand Response rate tariff(s) which are designed to reduce the load on the electric grid during
critical times may be awarded up to a 5% waiver.
Exhibit 3 _ Apr2010.xls / Narrative Page 1 of 9
EXHIBIT 3
SAMPLE Worksheet A: Title 24 Path
Name: Example Development
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Source of Info Input Input Typical Units of Convert to Standard = Minimum % Actual %
Description1 (Attachments) Standard Proposed Measure Sitekbtu Baseline Proposed Units Reduction Reduction
15.2.1 MINIMUM EFFICIENCY
Title 24 Whole Building Performance T24 UTIL-l, Part 1 Source TDV kbtu/sf-yr 15%
15.2.2 CALCULATE BASELINE AND REDUCTIONS
A. Energy Uses
T24 Electricity T24 UTll-l, Part 2 Site KWH/year 3.413 - kBtu
T24 Gas T24 UTll-l, Part 2 Site Therms/year 100.000 - - kBtu
T24 lighting Outside and Uncond Worksheet A-l TG Site KWH/year 3.413 - kBtu
A. Summary of Efficiency of End Uses - kBtu
B. Renewable Energy Contributions
PV: within Development (51 calculation or nfa Site KWH output/year 3.413 nfa kBtu
PV: Credited from Project PV-Watts2 nfa Site KWH output/year 3.413 nfa - kBtu
Solar Thermal: within Developmen F-Chart or equal nfa Site kbtu offset/year 1.000 nfa kBtu
Other as appropriate nfa as appropriate nfa
B. Combined Renewable Reductions
C. Natural Ventilation Worksheet C 0% to 10%
D. (hula Vista Program Savings
Verified Electricity Savings Confirm with nfa Site KWH 3.413 - kBtu
Program
Verified Gas Savings Administrator nfa Site Therms 100.000 kBtu
D. CV Program Combined Reduction
E. Ongoing Measure & Verify Worksheet E . Required
F. Demand Response Tariff Worksheet F 0% to 5%
TOTAL REDUCTION FROM BASEUNE (Must be at least 50% Reduction) 0.0%
NOTES TO WORKSHEET A
Note 1: If the Development includes more than one building, then use multiple Worksheets, or, add backup calculations or line items to this spreadsheet, as most appropriate.
Note 2: Final photovoltaic design and output informatio shall use industry standard software, including at least site location, array orientation, array tilt, and system efficiency. California 50lar Initiative
((51) rebate calculations and PV-Watts are examples of acceptable software.
Page 2 of 9
Exhibit 3 - Apr2010.xls / A-T24 Path
EXHIBIT 3
Worksheet A-LTG: Lighting Outside and in Interior Unconditioned Spaces
Name: Example Development
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Source of Info T24 Allowed Proposed hours Standard Proposed
Category , (Attachments) Watts Watts Occupancy fdayl Days Jvear Hours fyear KWH/Vr KWH/Vr
Unconditioned spaces 124 LTG Forms -
Unconditioned spaces 124 LTG Forms -
Unconditioned spaces T24 LTG Forms - - -
Unconditioned spaces T24 LTG Forms
Unconditioned spaces 124 LTG Forms
General Site Illumination (Tradable) 124 OlTG Forms
General Site Illumination (Tradable) T24 OL TG Forms
General Site Illumination (Tradable) 124 OL TG Forms -
General Site Illumination (Tradable) T24 OLTG Forms
General Site Illumination (Tradable) T24 OLTG Forms
Specific Applications (Non-Tradable) T24 OL TG Forms
Specific Applications (Non-Tradable) T24 OL TG Forms -
Specific Applications (Non-Tradable) 124 OlTG Forms - - -
Signs (Non-Tradable) T24 OlTG Forms -
Signs (Non-Tradable) T24 Ql TG Forms
Totals (Subtotals are inputs to Worksheet A) - -
NOTES TO WORKSHEET A~l TG
Note L If more lines are needed, create a spreadsheet in similar format, and enter abo....e, as appropriate.
Note 2: For average runtimes, use the hours in this chart, unless proposer demonstrates to the Bldg Department's satisfaction that a different value should be used.
Page 3 of9
Exhibit 3 - Apr2010.xls / A-T24 Path
EXHIBIT 3
SAMPLE Worksheet B: LEED Path
Name: Example Development
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Source of Info Standard or Typical Units of Virtual Minimum % Actual %
Description (Attachments) Baseline Proposed Measure Rate Baseline Proposed Units Reduction Reduciton
15.2.1 MINIMUM EFFICIENCY
Title 24 Whole Building Performance T24 UTIL-l, Part 1 Source TDV kbtu/sf-yr 15%
15.2.2 CALCULATE BASELINE AND REDUCTIONS
A. Energy Costs: lEED Performance Rating Method (PRM) EAp2/c1letterTemplate
Conditioned Building(s) Included Included
Other energy uses on site Included Included
Lighting: Outside and Uncond Included Included
Qmite Renew Energy: Development LEED EAp2/c1 Included Included
letter Template
Campus Renew Energy: project Included Included
Other Included Included
Natural Ventilation May be included in lEED EAp2/c1, OR, use Worksheet C
Electricity (Summary) lEED EAp2/c1 kWh #OIV/OI Site $
Natural Gas (Summary) Section 1.8 therms #DIV/O! Site $
A. Summary of Efficiency of Energy Costs summaryl $ . $ . Site $
B. Combined Renewable Reductions Included in EAp2/c1 above
C. Natural Ventilation May be Included In lEED EAp2/c1 above, OR, use Worksheet C
Alternate: Worksheet C O%to 10%
D. Chula Vista Program Savings
Verified Electricity Savings Confirm with Site KWH #OIV/OI #OIV/O! Site $
Program
Verified Gas Savings Administrator Site Therms #DIV/OI #DIVjOl Site $
D. CV Program Combined Reduction
E. Ongoing Measure & Verify LEED EAcS. See Worksheet E. Required
F. Demand Response Tariff Worksheet F I 0% to S%
TOTAL REDUCTION FROM BASELINE (Must be at least 50% Reduction) 0.0%
NOTES TO WORKSHEET B
Note 1: LEED EAp2jc1 Letter Template: Section 1.8, "Energy Cost and Consumption by Energy Type - Performance Rating Method Compliance Table"
Page4of9
Exhibit 3 - Apr2010.xls j B-lEED Path
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EXHIBIT 3
SAMPLE Worksheet C: Natural Ventilation
Name: Example Development
When using Natural Ventilation (NV) to qualify as an energy reduction feature for this Agreement, the Development may qualify for a waiver if at least 75% of the area that would normally cooled
includes effective natural ventilation strategies to help maintain comfortable temperatures. A 5% waiver is granted if the area is also served by an energy or cooling system drawing energy from
the grid. A 10% waiver is granted if the area is not served by an energy or cooling system drawing from the grid. The waiver may be prorated if the area is less than 75%. Final determination of
normally cooled areas are at the discretion of the Building Department. For example, in CA Climate Zone 7, spaces such as warehouses and kitchens do not normally have electric cooling.
Two approaches are possible:
1. A Development may use a performance approach, such as macro-flow or Computational Fluid Dynamics (CFD) modeling, to design and confirm the maintenance of comfort using natural
ventilation techniques.
2. As an alternate, the prescriptive calculations outlined in the Collaborative for High Performance Schools (CHPSj may be used. CHPS identifies an approach to achieving ventilation strategies
which are likely to be effective in helping to maintain interior comfort when outside conditions are moderate. Even though the CHPS program targets school campuses, the approach is useful for
many occupancies. It is publicly available at www.chps.net. Suggested references are from CHPS 2006 Volume II Best Practices Manual- Design, HVAC Guidelines, Sections TC 13 (Cross
Ventilation), TC-14 (Stack Ventilation), and TC-15 (Ceiling Fans).
The designer should follow the CHPS guidelines. To satisfy the prescriptive approach, the following table may be used. Inlets and Outlets should each be at least 4% of the floor area of the
space, totalling at least 8%. Ideally they are on opposite sides, but at a minimum may be on perpendicular walls. Inlets are to be on the side which is typically windward, and lower than outlets.
Conditioned Performance or Prescriptive: Inlet (Windward) Prescriptive: Outlet (leeward)
Floor Area Qualifying Prescriptive higher than opposite or
Space Name Source of Cooling ICFA) CFA Calculation Area Orientation %CFA Area Orientation %CFA inlet corner wall
Space A NV with grid cooling
Space B NV with grid cooling
SpaceC NV with grid cooling
Subtotal: 0
Space 0 NVonly
Space E NVonly
Space F NVonly
Subtotal: 0
Other spaces no NV
Total Normally Conditioned Floor Area
CFA Which is Naturally Ventilated Only
Energy Reduction Allowed
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CFA: NV+grid Reduction CFA: NV Only Reduction
0% 0% 0% 0%
1S% 1% 15% 2%
30% 2% 30% 4%
45% 3% 45% 6%
60% 4% 60% 8%
75% S% 75% 10%
CFA which is Naturally Ventilated, with Grid Cooling
Energy Reduction Allowed
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Icombined Energy Reduction Allowed
Exhibit 3 - Apr2010.xls / C-NV
PageSof9
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EXHIBIT 3
SAMPLE Worksheet D: (hula Vista Energy Efficiency Program
IName: Example Development
Refer to the appropriate City ordinances for details on this program, including, but not limited to:
City of Chula Vista Municipal Code Section 15.12 "Green Building Standards Ordinance"
City of Chula Vista Municipal Code Section 15.26.030 "Increase Energy Efficiency Ordinance"
Exhibit 3 - April2010.xls {O-CV Program
Page 6 of9
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EXHIBIT 3
SAMPLE Worksheet E: Ongoing Measurement & Verification (M&V)
Name: Example Development
Develop and implement a Measurement and Verification (M&V) Plan consistent with the International Performance Measurement and Verification protocol (IPMVP) Volume III, Concepts and Options
for Determining Energy Savings in New Construction, April 2003. The Development may choose either Option B or Option D.
M&V shall be on~going for the length of the lease.
Tenants shall have sub-meters for electricity. Sub-meters for gas and water should also be considered, but are not required.
The plan shan include a process for corrective action if energy performance goals are not achieved as planned. Refer to ASH RAE Guideline 14 for suggested ranges of discrepancy, appropriate to the
meter, magnitude of energy uses, and overall plan.
If the LEED Path is chosen, the M&V Plan should be consistent with EAC5, except that lEED only requires one year of implementation, and the Energy Section of this Agreement requires M&V to be
ongoing.
Page7of9
Exhibit 3 - Apr2010.xls / E-M&V
EXHIBIT 3
SAMPLE Worksheet F: Demand Response Tariffs
Name: Example Development
If the development chooses an SDG&E Demand Response tariff in which the customer has the option to manually or semi-automatically reduce electricity use when requested by the
utility, then it will be awarded a 3 % waiver towards the overall energy reduction.
If the development chooses an SDG&E Demand Response tariff in which the utility can automatically reduce the customer's electricity use, then it will be awarded a 5 % waiver towards
the overall energy reduction.
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Manual or Semi-Automatic Automatic. or
Meter/51 Tariff Customer Controlled: 3% utilitv Controlled: 5% % Reduction Awarded
Page 8 of 9
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Title 24 Building Energy Efficiency Standards
Collaborative for High Performance Schools (CHPS)
CHP$ 2006 Volume II Best Practices Manual- Design
EXHIBIT 3
Links for References used in EXHIBIT 3
www.energv.ca.JWV /title24/
www.chcs.net/dev /Orucal/node/31
IPMVP, Volume III, Concepts and Options for Determining Energy www.evo-world.org
Savings in New Construction, April 2003. Products & Services / IPMVP / Applications Volume III
Leadership in Energy and Environmental Design (LEEO™)
City of (hula Vista sponsored energy efficiency program
living Building Challenge
Exhibit 3 - Apr201O.xls / Links
www.usgbc.org
www.ilbi.org
Page 9 of 9
Exhibit 4
Covenants and Agreements of District With Respect to Job Quality
In evaluating responses to requests for qualifications and requests for proposals ("RFQ/RFPs")
issued by the District with respect to the master development and operation of the Resort and
Conference Center ("RCC") on Parcel H-3 ofthe Chula Vista Master Plan ("CVBMP") area and the
entities with which the District contracts for the development and operation of the RCC, the District
will give considerable weight and preference to any proposal submitted in response to the RFQIRFP
which:
1. With regard to both RCC operations and RCC construction, effectively commits to reduce or to
eliminate the risk oflabor strife which would (i) have an adverse financial effect on the District's
proprietary interest in the on-time and on-budget completion and long-term operations of the RCC or
(ii) jeopardize or delay achievement of the District's policy objectives with respect to the CVBMP;
2. Commits to a local jobs policy that will impose the following criteria on the construction
workforce for the project:
a. Not less than 70% of total work hours by residents of San Diego County; and
b. Not less than 10% oftotal work hours by disadvantaged workers;
3. Includes a stated preference for contractors or subcontractors headquartered in, or for five years
prior to the bid has maintained an office in, San Diego County; and
4. Includes a stated preference for developers utilizing a prequalification process to ensure use of
reputable contractors and subcontractors on the RCC which relies on contractor/subcontractor
financial, organizational, historic, claims, safety and performance information similar to the
information described in Part II and Part III ofthe publication titled Pre-Qualification of Contractors
Seeking to Bid on Public Works Projects, published by the California Department of Industrial
Relations in 1999.
The foregoing language will be included in RFQIRFPs issued by the District with respect to the
RCC.
8-46
COUNCIL RESOLUTION NO. 2010-XXX
RDA RESOLUTION NO. 2010-XXX
JOINT RESOLUTION OF THE CITY OF CHULA VISTA AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE
CHULA VISTA BA YFRONT MASTER PLAN SETTLEMENT AGREEMENT WITH
THE SAN DIEGO UNIFIED PORT DISTRICT AND MEMBER ORGANIZATIONS
OF THE BA YFRONT COALITION
WHEREAS, the San Diego Unified Port District ("District") has proposed an
amendment to the Port Master Plan to provide a master plan for redevelopment of the
Chula Vista Bayfront, which consists of approximately 556 acres of land and water
located on the southeastern edge of San Diego Bay in the City of Chula Vista; and
WHEREAS, in conjunction with the District's amendment to the Port Master
Plan, the City of Chula Vista ("City") is amending its General Plan, Mid-Bayfront
Specific Plan and Local Coastal Plan, which will include implementation of future
coastal development permits, tentative maps and final maps (collectively, the "City's
Amendments"); and
WHEREAS, the District, as the lead agency, has prepared a draft environmental
impact report for the proposed project in compliance with the California Environmental
Quality Act ("CEQA"), Public Resources Code section 21000, et seq., and its
implementing guidelines, California Code of Regulations, Title 14, section 15000, et seq.
("CEQA Guidelines"), which is known as the Draft Revised Environmental Impact
Report (EIR) for the Chula Vista Bayfront Master Plan (UPD # 83356-EIR-658; SCH #
2005081077) ("DEIR"); and
WHEREAS, the description contained in Chapter 3, including the Alternate L-
Ditch Remediation Alternative contained in Section 5.7, of the DEIR , the proposed
amendment to the Port Master Plan, the City's Amendments, and the infrastructure and
development projects proposed therein, are referred to as the "Proposed Project"; and
WHEREAS, the District duly circulated the DEIR for public review and
comment, received comments on the DEIR from public agencies, individuals and
organizations, and has prepared responses to the public comments received which will be
included in the final environmental impact report ("FEIR") prepared for the Proposed
Project; and
WHEREAS, all or parts of the Proposed Project and the FEIR require the
approval of other public agencies, including without limitation the California Coastal
Commission ("CCC"), the State Lands Commission, the City, the RDA, and other federal
and state regulatory agencies with jurisdiction over natural resources which may be
affected by the Proposed Project; and
8-47
WHEREAS, the Bayfront Coalition is composed of the Environmental Health
Coalition, San Diego Audubon Society, San Diego Coastkeeper, Coastal Environmental
Rights Foundation, Southwest Wetlands Interpretative Association, Surfrider Foundation,
San Diego Chapter and Empower San Diego, which are committed to ensuring that the
Proposed Project and its component parts are implemented in a manner that provides
community benefits including, but not limited to preservation and protection of natural
resources and the environment, job quality and housing; and
WHEREAS, the District, the City and the RDA wish to obtain the Bayfront
Coalition's support for approval of the Proposed Project; and
WHEREAS, the Bayfront Coalition wishes to obtain additional measures for
protection of the environment above and beyond those required by CEQA and other
federal, state and local laws and regulations applicable to the Proposed Project; and
WHEREAS, because the Chula Vista Bayfront Master Plan Settlement
Agreement does not authorize any activities which may result in a significant impact on
the environment but instead provides for additional protection of natural resources and
the environment in the Chula Vista Bayfront Master Plan project area above and beyond
that required by the California Environmental Quality Act and other applicable laws and
regulations, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act ("CEQA") and based on
the foregoing has determined and the City Council hereby finds that there is no
possibility that the activity may have a significant effect on the environment; therefore,
pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject
to CEQA.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Chula Vista and the Redevelopment Agency of the City of Chula Vista that it approves
the Chula Vista Bayfront Master Plan Settlement Agreement.
BE IT FURTHER RESOLVED by the City of Chula Vista and the
Redevelopment Agency of the City of Chula Vista that it authorizes the City
ManagerlExecutive Director to execute the Chula Vista Bayfront Master Plan Settlement
Agreement on behalf of the City and Redevelopment Agency.
Presented by
Approved as to form by
Jim Sandoval
City Manager! Executive Director
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P e;f-er vJ o..;tr'f
My suggestion for a motion on May 18:
Following final approval of entitlements for Sweetwater Park Plan, aller 2 unsuccessful
RFP (Request for Proposals) cycles, OR after 5 years, whichever comes first, ifno takers
for the RCC complex have surfaced, we switch back to the Harbor Park Plan.
Peter Watry