SMRH:4857-7571-6895.14 A-1
EXHIBIT A
Project Property
EXHIBIT A
PROJECT PROPERTY
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN
IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 89°42'04" WEST, 1069.30 FEET TO THE EASTERLY LINE OF FREEWAY DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED JULY 22, 1968 AS FILE NO. 123488 OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 3°47'10" EAST, 918.10 FEET; THENCE NORTH 80°52'26" EAST, 1030.62 FEET TO THE EAST LINE OF SAID SECTION; THENCE ALONG SAID EAST LINE SOUTH 0°28'33" WEST, 1074.02 FEET TO THE POINT OF BEGINNING.
SMRH:4857-7571-6895.14 B-1
EXHIBIT B
Annexation Application Schedule
Exhibit B: Nakano Annexation Application Overview
Milestone Sequence Entity
Resolution of Support for
Reorganization
Approved as part of Chula Vista
City Council Actions
City of Chula Vista
Resolution of Application for
Reorganization
Approved as part of San Diego
City Council Actions
City of San Diego
Reorganization Application
(preparation in process)
In process, completed application
form and all required final
components to be compiled 30
Days from San Diego City Council
Hearing for submission to LAFCO
City of San Diego
Copy of City resolution approving
pre-zoning and general plan land-
use designations (application
component)
Approved as part of San Diego
City Council Actions
City of San Diego
Plan for Providing Services
(application component)
Approved as part of San Diego
City Council Actions
City of San Diego
Completed campaign contribution
disclosure form and evaluation
checklist for disclosure of political
expenditures (pages 7 and 8 of
application)
Completed as part of LAFCO
application, by or before, 30 Days
from San Diego City Council
Hearing for submission to LAFCO
City of San Diego
Property-owner consent form for
inclusion of property (page 9 of
LAFCO application)
Completed as part of LAFCO
application, by or before, 30 Days
from San Diego City Council
Hearing for submission to LAFCO
Tri Pointe Homes
Completed subject agency
supplemental information form
from each subject agency that will
gain or lose territory as a result of
the proposed jurisdictional
boundary change (pages 10-12 of
LAFCO application)
Completed as part of LAFCO
application, by or before, 30 Days
from San Diego City Council
Hearing for submission to LAFCO
City of San Diego
City of Chula Vista
Otay Water District
LAFCO and gives notice to each
affected local agency, the county
committee on school district
organization, and each school
superintendent whose school
district overlies the affected
territory and gives notice to the
county assessor and county auditor
After receiving the application LAFCO
LAFCO Executive Officer
determines whether the
application is complete
Within 30 days of receipt of
application
LAFCO
If application is complete, the
Executive Officer issues certificate
of filing
No sooner than 20 days after the
issuance of mailed notice
LAFCO
LAFCO sets a Commission hearing
date for the application
Date of the hearing must be
within 90 days after issuance of
certificate of filing.
LAFCO
LAFCO provides notice of hearing to
affected agencies by first class mail
At least 21 days prior to hearing LAFCO
LAFCO Executive Officer issues
report
At least 5 days prior to hearing LAFCO
LAFCO hearing on the application Date of the hearing must be within 90 days after issuance of
certificate of filing
LAFCO
Waiver of Protest Hearing At or immediately following
hearing
LAFCO
Commission adopts a resolution
making determinations approving,
approving with conditions, or
disapproving the application
Within 35 days after the hearing LAFCO
Certificate of Completion of
Reorganization
Following the satisfaction of any
conditions of approval required to
be completed prior to the filing of
the certificate of completion
LAFCO
Recordation of Certificate of
Completion with County Recorder’s
Office
Following issuance of Certificate
of Completion. The date of
recordation of the Certificate of
Completion serves as the effective
date
LAFCO
Filing with State Board of
Equalization
Following issuance and
recordation of Certificate of
Completion
LAFCO
Effective Date Upon the date of recordation of
the Certificate of Completion with
the Recorder's Office of the
County of San Diego, which the
Parties desire to occur as soon
after LAFCO Approval of the
Reorganization as is reasonably
possible
LAFCO
Exhibit B: Nakano Annexation Application Schedule
Milestone Deadline Responsible Entity
Landowner Consent Form 30 days from Effective Date Tri Pointe Homes Resolution of Application of
Reorganization
30 days from Effective Date San Diego
Resolution of Support of
Application
10 days from Effective Date Chula Vista
Application of Reorganization 30 days from approval of Resolution of Application of
Reorg
San Diego
Plan for Providing Services 30 days from approval of
Resolution of Application of
Reorg
San Diego
Notice of LAFCO Hearing 21 days prior to hearing date LAFCO Hearing As soon as reasonably possible LAFCO
Waiver of Protest Hearing At or immediately following
hearing
LAFCO
(Requires 100% landowner
consent and concurrence from
affected agencies)
Certificate of Completion of
Reorganization
(Requires recordation with
County Recorder’s Office and
filing with State Board of
Equalization)
As soon as reasonably possible Issuance – LAFCO
Recordation – San Diego
Effective Date Upon the date of recordation of
the Certificate of Completion
with the Recorder's Office of
the County of San Diego,
which the Parties desire to
occur as soon after LAFCO
Approval of the Reorganization
as is reasonably possible
LAFCO
SMRH:4857-7571-6895.14 C-1
EXHIBIT C
Resolution of Application for the Reorganization
[Attached behind this page]
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EXHIBIT C
RESOLUTION NUMBER ______________________
DATE OF FINAL PASSAGE ____________________
RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE
CITY OF SAN DIEGO REQUESTING THE LOCAL AGENCY
FORMATION COMMISSION OF THE COUNTY OF SAN DIEGO
INITIATE PROCEEDINGS THE DETACHMENT OF THE PROPOSED
NAKANO RESIDENTIAL DEVELOPMENT PROJECT (PROJECT
NO. _________) FROM THE CITY OF CHULA VISTA AND OTAY
WATER DISTRICT SPHERE OF INFLUENCE AND FOR THE
ANNEXATION OF THE PROJECT SITE INTO THE
JURISDICTIONAL BOUNDARIES OF THE CITY OF SAN DIEGO
WHEREAS, Tri Pointe Homes IE-SD, Inc, Owner/Permittee, (Tri Pointe Homes) filed an application to obtain approvals from the City of Chula Vista for a residential development known as the Nakano project, located in proximity to Dennery Road and Ocean View Parkway, abutting the City of San Diego, and as further described in Exhibit A attached hereto; and
WHEREAS, the Nakano project proposes the development of a multifamily residential project, with up to 221 units, including 22 affordable units, private open space amenity areas, and connecting trails to the Otay Valley Regional Park; and WHEREAS, the City of Chula Vista proposes to detach the project site from the City of Chula Vista’s territory and Otay Water District service district sphere of influence, and annex it into the City of San Diego’s territory; and WHEREAS, representatives of the City of San Diego, City of Chula Vista and Tri Pointe Homes have negotiated an agreement, for the independent review and approval of public agency decision-makers, identifying the rights and duties of said parties that would
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facilitate orderly development of the Nakano project described herein (Annexation Agreement); and
WHEREAS, the Annexation Agreement outlines the process to detach approximately 23.8 acres of the Nakano project site from the City of Chula Vista and Otay Water District, and annex the property into the jurisdictional boundaries of the City of San Diego;
WHEREAS, on _______________________, the City Council of the City of Chula Vista, as Lead Agency under the California Environmental Quality Act (Pub. Res. §§ 21000 et seq.) (CEQA), certified Environmental Impact Report (Project No. _________/SCH 2022060260) (EIR) that was prepared in accordance with CEQA and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), adopted CEQA Findings and a Statement of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program; and
WHEREAS, the City of Chula Vista is, or will be, considering a Resolution of Support for the Application Requesting the Local Agency Formation Commission to Take Proceedings for the Nakano Development Project Reorganization; and WHEREAS, through this resolution, the City of San Diego desires to: (i) detach the Nakano project site, the boundaries of which are described in Exhibit A attached hereto, from the City of Chula Vista and Otay Water District; and (ii) annex said Nakano project site into the jurisdictional boundaries of the City of San Diego (the Reorganization);
WHEREAS, on ________________, the Planning Commission of the City of San Diego considered Tri Pointe Homes’s request for a resolution for the Application
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Requesting The Local Agency Formation Commission Of The County Of San Diego Initiate Proceedings The Detachment Of The Proposed Nakano Residential Development Project (Project No. _________) From The City Of Chula Vista And Otay Water District Sphere of Influence And For The Annexation Of The Project Site Into The Jurisdictional Boundaries Of The City Of San Diego and recommended approval; and WHEREAS, the plan for providing services prepared in accordance with the requirement of Government Code section 56653 is attached hereto as Exhibit B (Plan for Services) and as further explained in Section ____ of the Resolution; and WHEREAS, the Local Agency Formation Commission of the County of San Diego (LAFCO), is the state-mandated regulatory agency established by the Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000 (Govt. Code §§ 56000 et seq.) (Act) to review and approve proposed jurisdictional boundary changes, including annexations and detachments of certain real property to and/or from cities and special districts principally to discourage urban sprawl and to encourage the orderly and efficient provision of services; and
WHEREAS, the Reorganization is consistent with the legislative intent of the Act in that it will provide for orderly development of the Nakano project site and for more efficient services to the future inhabitants of the Nakano project site through the City of San Diego as shown in the Plan for Services; and
WHEREAS, Government Code section 56375(a)(7) provides that LAFCO require, as a condition to annexation, that a city prezone the area to be annexed, or, alternatively, to present evidence satisfactory to LAFCO that the existing development entitlements related to the area are vested and consistent with the city's General Plan; and
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WHEREAS, this Resolution and the Annexation Agreement provide evidence that the Project entitlements are vested and consistent with the City of San Diego’s General Plan in accordance with the terms of the Annexation Agreement; and WHEREAS, through the Annexation Agreement, the City of San Diego agrees to provide full faith and credit to the vested rights of Tri Pointe upon the same terms and conditions as the City of Chula Vista; and
WHEREAS, the Nakano property site subject to the Reorganization is uninhabited,
NOW THEREFORE,
BE IT RESOLVED, by the Council of the City of San Diego, that the recitals above are hereby incorporated by reference.
BE IT FURTHER RESOLVED, by the Council of the City of San Diego, this proposal is made, and it is requested that proceedings be taken, pursuant to the Act.
BE IT FURTHER RESOLVED, by the Council of the City of San Diego, this proposal is a reorganization and consists of the following changes of organization: (list all boundary changes here). A map of the affected territory is set forth in Exhibit A, attached hereto and by reference incorporated herein.
BE IT FURTHER RESOLVED, by the Council of the City of San Diego, this application, Resolution and Annexation Agreement are intended to comply with the requirements of Government Code section 56375(a)(7) as recited above.
BE IT FURTHER RESOLVED, by the Council of the City of San Diego, the proposal is not consistent with the Sphere of Influence of the City of San Diego.
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BE IT FURTHER RESOLVED, by the Council of the City of San Diego, consent is hereby given to the waiver of conducting authority proceedings.
BE IT FURTHER RESOLVED, by the Council of the City of San Diego, that it finds approval of this resolution to be consistent with the applicable land use plans because this Nakano project site is adjacent to the City of San Diego’s Ocean View Hills development, is easily accessible for purposes of the provision of services and utilities and, therefore, would be served by City of San Diego services and utilities regardless of annexation.
BE IT FURTHER RESOLVED, by the Council of the City of San Diego, after considering the evidence presented in the public hearing, that the City of San Diego hereby requests LAFCO to initiate proceedings for the Reorganization as supported by the following findings and on the terms and conditions below. Capitalized terms not otherwise defined in this Resolution shall have the meaning given to them in the Annexation Agreement.
1. Effective Date of Reorganization. In accordance with Government Code section 57202(a), the effective date of the Reorganization shall be upon the date of recordation of the Certificate of Completion with the Recorder's Office of the County of San Diego, which the Parties desire to occur as soon after LAFCO Approval of the Reorganization as is reasonably possible (“Reorganization Effective Date”).
2. Processing of and Services to the Nakano Development Project Before and After the Reorganization Effective Date.
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a. Role of the City of San Diego. Prior to Reorganization, the City of San Diego shall process any and all approvals necessary or related to the Reorganization, including, but not limited to, the San Diego Project Entitlements (as defined in the Annexation Agreement). The City San Diego shall also take such actions that it would otherwise take regarding the Project after the Reorganization, including issuance of Certificates of Occupancy and recordation of a final map. The City of San Diego shall provide necessary municipal services to the Project Property after the Reorganization.
b. Role of the City of Chula Vista. Prior to the Reorganization, the City of Chula Vista shall process, permit and inspect the Project in accordance with the Chula Vista Project Entitlements (as defined in the Annexation Agreement), and take such actions that it would otherwise take regarding the Project during and until the Reorganization.
c. Tri Pointe Homes’s Obligation; Property Maintenance. Tri Pointe Homes shall make reasonable efforts to process the Chula Vista Project Entitlements (as defined in the Annexation Agreement) with the City of Chula Vista to completion. Tri Pointe Homes shall make reasonable efforts to process the San Diego Project Entitlements (as defined in the Annexation Agreement) with the City of San Diego to completion. At all times, Tri Pointe Homes shall maintain the Project Property in good condition and in compliance with reasonable maintenance standards
SMRH:4883-1031-1228.9 -7-
sufficient to keep the Project Property free from fire hazards, visible defects, deterioration, dirt and debris.
3. Distribution of Processing Fees, Mitigation Fees, Credits, Open Space and Other Revenue from the Project and the Project Property.
a. General Intent of the Parties. The Parties intend that the Party that provides a particular service to the Project or the Project Property, or that will bear the impact for which a fee is imposed, should receive the fees or revenue associated with that service or impact. The Parties desire that this general intent guide the resolution of any future disputes about which Party should receive a fee or revenue associated with the Project on the Project Property, unless otherwise expressly provided in Section 3(g) of this Resolution. It is also the intent of the Parties to comply with Government Code sections 66000 - 66025 and not to duplicate fees charged to Tri Pointe Homes.
b. Annexation Agreement/Revenue Sharing Agreement. The Parties intend the Annexation Agreement to fulfill LAFCO requirements for a Revenue Sharing Agreement among the Parties. To the extent not already addressed in the Annexation Agreement, any further LAFCO-required revenue sharing shall be governed by the Tax Sharing Agreement, as mutually agreed upon by the City of Chula Vista and the City of San Diego, allocating the municipal share of property taxes and fee related revenue.
The City of San Diego shall submit any further LAFCO-required revenue sharing agreement to LAFCO in accordance with legal requirements.
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c. Fiscal Impact Analysis. The Parties have caused the preparation of a Fiscal Impact Analysis, attached to the Annexation Agreement as Exhibit F, which identifies both the current and anticipated taxes, fees, assessments and other revenue associated with the Project and the Project Property and the anticipated costs for the provision of various municipal services to the Project and the Project Property. The Parties intend to use the Fiscal Impact Analysis as a guide to help the Parties to: (a) properly allocate the revenue from the Project or Project Property to the Party that provides the service or bears the impact for which the revenue is provided, in accordance with the general intent of Section 3(a) of this Resolution; (b) to assist in the calculation of the annual operating deficiency, if any; (c) to avoid duplication of fees; and (d) to help satisfy any LAFCO-related information requirements.
d. Distribution of Revenue and Other Items. The Parties have attempted to identify the known taxes, fees, assessments, credits, dedications and other revenue generated from the Project or the Project Property in Exhibit G of the Annexation Agreement, and for each such item, the Parties have designated the Party entitled to receive the item.
e. Payment of Fees by Tri Pointe Homes. Prior to the issuance by the City of Chula Vista and/or the City of San Diego of any permits for the Project, Tri Pointe Homes must pay the fees, assessments or other amount related to the permits and required to be paid to the Party entitled to receive the fee, assessment or payment in accordance with applicable conditions of
SMRH:4883-1031-1228.9 -9-
approval, regulations and agreements. If the payment is due to the City of San Diego, Tri Pointe Homes shall make such payment directly to the City of San Diego. If the payment is due to the City of Chula Vista, Tri Pointe Homes must make the payment directly to the City of Chula Vista. Tri Pointe Homes agrees to use reasonable efforts to ensure that all required fees are paid to the Party designated to receive such payment prior to permit issuance. If a permit is issued prior to the payment of all required fees, Tri Pointe Homes is still obligated to pay the required fee to the designated Party.
f. Payment of Local Share of Property Taxes. Tri Pointe Homes or other landowners within the Project Property shall satisfy their duty to pay tax revenue to the Parties identified in Exhibit G to the Annexation Agreement through payment of applicable property taxes to the County of San Diego Assessor’s Office through the Assessor’s Office’s proscribed means. If the City of San Diego receives the local government share of property taxes for the Project Property after the Reorganization Effective Date, then the City San Diego shall transfer such property taxes to the Parties identified in Exhibit G of the Annexation Agreement in accordance with the percentage of time during the annual assessment period that services were required to be provided by such Parties pursuant to the Annexation Agreement.
g. Undesignated Government Revenue. In the event that government revenue is generated from the Project or the Project Property that are not identified,
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in whole or in part, in the Annexation Agreement, such revenue shall be distributed in a manner consistent with the Tax Sharing Agreement, as mutually agreed upon by the City of Chula Vista and the City of San Diego, and the general intent expressed in Section 3(a) above. h. Municipal Services Cost Neutrality. The provision of municipal services to the Project or Project Property is intended be on a cost neutral basis to the City of San Diego. The Parties agree such cost neutrality is satisfied because they have caused the preparation of a Fiscal Impact Report that concludes that the City of San Diego’s cost of services will be equal to or less than the revenue the City of San Diego anticipates it will receive from the Project. Accordingly, the Parties shall implement the requirements of the Annexation Agreement.
i. Housing Credits and Inclusionary Affordable Housing Fees. San Diego shall be entitled to receive credit towards its share of the regional housing needs allocation for the number of qualifying units, if any, in the Project.
In addition, San Diego shall be entitled to receive any and all inclusionary housing fees associated with the Project as may be established by the Project Entitlements (as defined in the Annexation Agreement) or the jurisdiction’s rules and regulations. The anticipated amount based on the current fee and estimated square footage of the homes is identified in Exhibit G of the Annexation Agreement. For the avoidance of doubt, Chula Vista shall not collect inclusionary housing fees or condition Tri Pointe Homes to construct affordable housing units on-site or off-site.
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4. Provision of Municipal Services to the Project Property. a. Water and Sewer. Upon the Reorganization Effective Date, the City of San Diego shall provide water and sewer services to the Project Property.
Tri Pointe Homes shall construct or cause the construction of all on-site public improvements and off-site public improvements necessary to connect to the City of San Diego’s water and sewer services as required by the Project Entitlements and the City of San Diego’s standards and approved material requirements adopted by the City of San Diego, City of San Diego’s rules and regulations, and the Contract to Make, Install and Complete Water and/or Sewer Facilities, to be entered into by Tri Pointe Homes and the City of San Diego prior to commencement of construction, all of which are incorporated by reference. All water and sewer facilities shall be inspected and tested in accordance with the standards adopted by the City of San Diego. Tri Pointe Homes shall pay sewer and water capacity fees and other applicable fees, to the City of San Diego in accordance and compliance with fee schedules in effect at the time of payment by Tri Pointe Homes to the City of San Diego, as identified in Exhibit G of the attached Annexation Agreement. The City of San Diego shall recover all of its other expenses not associated with the sewer and water capacity fee through monthly water and sewer rates charged to users in accordance with rules and regulations applicable to the City of San Diego. Upon the Reorganization Effective Date, the City of San Diego shall provide water and sewer services to the Project Property at the same
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level of service and upon the same terms and conditions as provided to other properties within the City of San Diego’s service area and assess such users monthly water and sewer rates in accordance the rules and regulations applicable to the City of San Diego.
b. Fire & Life Safety. Upon the Reorganization Effective Date, the City of San Diego shall provide or cause to be provided primary fire and life safety services to the Project Property and the City of Chula Vista shall provide or cause to be provided supplemental fire and life safety services pursuant to the terms of the any applicable automatic and mutual aid agreement(s), as currently existing or as may be amended, between the City of San Diego and the City of Chula Vista (“Mutual Aid Agreement”).
The City of San Diego shall provide law enforcement services to the Project Property at the same level of service and upon the same terms and conditions as provided other areas of the City of San Diego. c. Law Enforcement Services. Upon the Reorganization Effective Date, the City of San Diego shall provide or cause to be provided primary law enforcement services to the Project Property. The City of San Diego shall provide law enforcement services to the Project Property at the same level of service and upon the same terms and conditions as provided other areas of the City of San Diego.
d. Other Municipal Services. Upon the Reorganization Effective Date, the City of San Diego shall provide or cause to be provided such other municipal services to the Project Property, other than the processing of the
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Chula Vista Project Entitlements (as defined by the Annexation Agreement) to be provided by the City of Chula Vista under the Annexation Agreement, as are typically provided to residential developments in the City of San Diego.
5. Full Faith and Credit Given to Right to Develop the Project in Accordance with the Project Entitlements.
a. Full Faith and Credit of Development Rights. The Parties agree that Tri Pointe Homes shall have the right to develop the Project in accordance with the Project Entitlements, and the City of San Diego agrees to give full faith and credit to the Project Entitlements on the terms and conditions as issued by the City of Chula Vista. To the extent the Project Entitlements provide Tri Pointe Homes with vested rights to develop the Project in accordance with the Project Entitlements, the City of San Diego agrees to give full faith and credit to those vested rights on the same terms and conditions as the City of Chula Vista. The full faith and credit created by the Annexation Agreement is not intended to either expand or contract Tri Pointe Homes’s right to develop the Project in accordance with the Project Entitlements. The full faith and credit created herein is intended to provide Tri Pointe Homes with the assurance that the City of San Diego will honor Tri Pointe Homes’s vested development rights in the same manner and under the same conditions as San Diego.
b. Post-Project Entitlements Approval Actions by Tri Pointe Homes. After the City of Chula Vista’s approval of the discretionary Project
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Entitlements, but before the Reorganization Effective Date, and with payment of processing fees, Tri Pointe Homes may process and complete all requirements necessary for a final map and process the applications for the ministerial Project Entitlements.
c. Development of Project Property after Full Project Build-Out. Any development of the Project Property occurring after full Project Build-out that is not governed by the Project Entitlements shall conform to the then existing requirements of the City of San Diego. The City of San Diego shall treat any existing development that occurred in accordance with the Project Entitlements as legal non-conforming, except to the extent that compliance with the City of San Diego requirements would not unreasonably interfere with such existing development and would be consistent with the requirements imposed by the City of San Diego on existing development outside the Project Property.
i. The City of San Diego: Reserved Authority; Changes in Federal or State Law. The City of San Diego shall retain the same rights as possessed by the City of Chula Vista to apply land use or building requirements that may conflict with the Project Entitlements in the same manner and on the same conditions as the City of Chula Vista, including: (a) the reasonable determination that compliance with the Project Entitlements would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety; or (b) as necessary to comply with state or federal law
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or mandates. The action chosen to implement this reserved authority shall be of the minimum scope, effect, and duration necessary to accommodate the health and safety issue or higher law.
6. Additional Terms and Conditions.
a. Agreed to by Parties. The Parties may agree to include additional terms and conditions as part of the Application for Reorganization to be submitted by the City of San Diego to LAFCO during the LAFCO process through an Annexation Agreement Operating Memorandum.
b. Imposed by LAFCO. The Parties acknowledge that LAFCO may impose additional terms and conditions on the Reorganization beyond those set forth in this Resolution. The Parties shall reasonably consider such terms and conditions and support them unless any such LAFCO imposed term or condition is in fundamental conflict with the terms and conditions of this Resolution.
BE IT FURTHER RESOLVED, by the Council of the City of San Diego, the initiation of proceedings for the Reorganization is an action contemplated and analyzed in the EIR for the Project in compliance with CEQA. The EIR analyzes the environmental impacts that would result from the Project. The analysis discusses the potential impacts to Land Use, Landform Alteration/Visual Quality/Neighborhood Character, Air Quality/Odor, Biological resources, Historical resources, Human Health/Public Safety/Hazardous materials, Hydrology/Water Quality, Geology and Soils, Greenhouse Gases, Noise, Paleontological Resources, Transportation/Circulation, Public Facilities and Services, Public Utilities, and Energy Use/Conservation. The analysis concludes that
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the Project would result in significant, but mitigable direct impacts associated with [INSERT IMPACTS]. Implementation of the Mitigation Monitoring and Reporting Program would reduce these environmental effects to below a level of significance.
Findings of Fact and Statement of Overriding Considerations have been adopted by the City of Chula Vista as Lead Agency for the Project. Findings of Fact pertain to:
1) Findings Regarding Significant Impacts that can be Mitigated to below a Level of Significance; 2) Findings Regarding Mitigation Measures which are the Responsibility of Another Agency; 3) Findings Regarding Infeasible Mitigation Measures; 4) Findings Regarding Alternatives Considered and rejected; and 5) Findings Regarding Alternatives Considered in the EIR. The Statement of Overriding Considerations pertain to: [INSERT OVERRIDING CONSIDERATIONS].
BE IT FURTHER RESOLVED, by the Council of the City of San Diego, that it finds through its review of the EIR and other materials in the Administrative Record, the Council evaluated: (a) the present and planned land uses for the project site; (b) the present and the future need for urban services and facilities; (c) the fiscal impact of the reorganization; (d) whether the reorganization promotes an orderly and logical revision of the City’s boundaries; (e) the ability of the City of San Diego, City of Chula Vista and the Otay Water District to provide urban level services; (f) whether the organization would induce residential growth; (g) whether the proposal would provide for affordable housing; (h) whether the proposal would provide for open space; (i) the effect of reorganization on social and economic interests; and (j) the level of support on the part of affected property owners and area residents.
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BE IT FURTHER RESOLVED, by the Council of the City of San Diego, that it finds the level of support from the property owners and area residents in the mostly uninhabited area is adequate; and
BE IT FURTHER RESOLVED, by the Council of the City of San Diego, that it finds the annexation contributes to the social and economic interests and benefits and propose an orderly and logical revision of the City of San Diego boundaries because it facilities that Nakano Project, which will provide affordable housing, and provides more efficient services to the project in exchange for applicable development fees and government revenues generated by construction and operation of the residential development.
BE IT FURTHER RESOLVED, by the Council of the City of San Diego, that this Resolution of Application is hereby approved and adopted by the City of San Diego. The Local Agency Formation Commission of San Diego County is hereby requested to process the Reorganization in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 and in accordance with this Resolution. As a Responsible Agency, pursuant to CEQA Guidelines section 15096, the Council of the city of San Diego has considered and approved the certified EIR, Findings of Fact and Statement of Overriding Considerations for the Project.
APPROVED: [INSERT NAME], City Attorney:
By: __________________________________
[INSERT NAME]
Deputy City Attorney
SMRH:4857-7571-6895.14 D-1
EXHIBIT D
Application for Reorganization
[Attached behind this page]
SAN DIEGO LOCAL AGENCY FORMATION COMMISSION
9335 Hazard Way · Suite 200 · San Diego, CA 92123
(858) 614-7755 · www. sdlafco.org
Updated: September 3, 2019
S AN D IEGO L OCAL A GENCY F ORMATION C OMMISSION
CHANGE OF ORGANIZATION OR REORGANIZATION APPLICATION
The following information must be submitted when filing a change of organization or reorganization proposal with the San Diego Local Agency Formation Commission (LAFCO); additional information may be requested during review of the proposal.
1. Completed CHANGE OF ORGANIZATION OR REORGANIZATION APPLICATION. 2. (a) A certified resolution of application from an affected city or district; or (b) A landowner or registered voter petition making application to San Diego LAFCO (available from LAFCO or http://www.sdlafco.org/forms/petition.pdf). 3. A metes-and-bounds legal description of the proposal territory perimeter for the proposed boundary change(s), a reproducible parcel/plat map, and a vicinity map. For information about mapping requirements, refer to: http://www.sdlafco.org/forms/legal_description.pdf, and contact the County Assessor’s Mapping Division at 619/531-5588. The Thomas Brother’s Guide may be used for the vicinity map.
4. Environmental documentation to comply with the California Environmental Quality Act (CEQA); submit documents for applicable category only:
(a) INITIAL STUDY: Submit completed form (available from LAFCO) if no environmental review has been conducted;
(b) CATEGORICAL EXEMPTION: Submit document if an agency has ce rtified that the project qualifies for a categorical exemption from CEQA;
(c) NEGATIVE DECLARATION (ND): Submit document with certifying resolution and Initial Study*; (d) ENVIRONMENTAL IMPACT REPORT (EIR): Submit 15 copies of the Final EIR and certifying resolution, plus one copy of the EIR Appendix*.
* For an ND or EIR, a copy of the receipt for the fee paid to the California Department of Fish and Game must be submitted. 5. If annexation to a city is proposed, submit one copy of the city resolution approving prezoning and general plan land-use designations for the proposal territory. 6. JURISDICTIONAL CONFLICTS: If the response to question number 6 on page 3 is “Yes”, complete and sign the Policy L-107 form at http://www.sdlafco.org/forms/Legislative_Policy_L_107.pdf. 7. Completed CAMPAIGN CONTRIBUTION DISCLOSURE FORM AND EVALUATION CHECKLIST for DISCLOSURE OF POLITICAL EXPENDITURES (pages 7 and 8 of application).
8. PROPERTY-OWNER CONSENT FORM FOR INCLUSION OF PROPERTY (page 9 of application). 9. Completed SUBJECT AGENCY SUPPLEMENTAL INFORMATION FORM (pages 10-12 of application) from each subject agency.
10. LAFCO processing fees . The San Diego LAFCO FEE SCHEDULE is available at http://www.sdlafco.org/document/feeschedule.pdf, or contact LAFCO staff. ✔
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SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 2 of 12
CHANGE OF ORGANIZATION OR REORGANIZATION APPLICATION
The information in this application is used by LAFCO staff to evaluate proposals for changes of government organization. Please respond to all items in this form, indicating “NA” when an item does not apply.
SUBJECT
AGENCY(IES)
(City or Special District)
PROPOSED CHANGE OF
ORGANIZATION/ACTION
(Annexation, detachment, sphere amendment, etc.)
1. ______________________________ 1. __ _____________________________________
2. ______________________________ 2. __________________________________________
3. ______________________________ 3. __________________________________________
4. ______________________________ 4. __________________________________________ As part of this application, the City of ________________ or the _______________________ District, ____________________________(the applicant), and/or the __________________________ (real party in interest): subject landowner and/or registered voter agrees to defend, indemnify, hold harmless, and release the San Diego LAFCO, its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against any or all of them, the purpose of which is to attack, set aside, void, or annul San Diego LAFCO’s review, approval or denial of this application or adoption of or refusal to adopt the environmental document which accompanies it or any other action San Diego LAFCO takes with respect to this application. This defense and indemnification obligation shall include, but not be limited to, attorneys’ fees, expert witness fees and other costs of defense, damages, costs, and expenses, including attorney fees payable to another party. Applicant and/or real party in interest agree that San Diego LAFCO shall have the right to appoint its own counsel to defend it and conduct its own defense in the manner it deems in its best interest and that San Diego LAFCO’s taking such action does not limit the obligations to indemnify and reimburse San Diego LAFCO’s defense costs. This defense and indemnificat ion obligation shall apply whether or not there is concurrent passive or active negligence on the part of the San Diego LAFCO, its agents, officers, attorneys, or employee. The person signing this application will be considered the proponent for the proposed action(s) and will receive all related notices and other communications. San Diego LAFCO’s acceptance of this application is sufficient to make this agreement a binding, bilateral contract between us.
I acknowledge that annexation to the city of _______________________ or the ________________________district may result in the imposition of taxes, fees and assessments existing within the (city or district) on the effective date of annexation. I hereby waive any rights I may have under Articles XIIIC and XIIID of the State Constitution (Proposition 218) to a hearing, assessment ballot proceeding or an election on those existing taxes, fees and assessments.
Agreed:
Signature: _______________________________________________Date: ________________________ Print/Type Name: ___________________________________________________________________________ Address: ____________________________________________________________________________ ________________________________________________________Telephone: ( ) _______________ Property Address: _____________________________________________________________________ Cross Street(s): _______________________________________________________________________ Assessor Parcel Number(s): ____________________________________Acres: _____________________ Indicate below if anyone, in addition to the person signing this application, is to receive notices of these proceedings.
Name: ______________________________________________________________________________ Address: _____________________________________________________________________________ ________________________________________________________Telephone: ( ) _______________ City of Chula Vista Detachment, sphere amendment
Otay Water District Detachment, sphere amendment
City of San Diego Annexation, sphere amendment
San Diego
Tri Pointe Homes
San Diego
03/01/2024
Elyse Lowe
City of San Diego Development Services
City Operations Building, 1222 First Avenue, San Diego, CA, 92101 (619) 446-5423 Located on the north side of Dennery Road between Regatta Lane and Golden Sky Way Bound by I-805 (west), Otay River (north), Riveredge Apartments (east) Kaiser Permanente (south) 624-071-0200 23.8
Mike Taylor, Division President, Tri Pointe Homes
13520 Evening Creek Drive North, Suite 300 San Diego , CA 92128 858-794-2500
SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 3 of 12 A. PROPOSAL DESCRIPTION/JUSTIFICATION
1. Explain in detail why the proposal is necessary at this time (e.g., condition of an approved tentative map, an existing structure requires new services, etc.). ______________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________
2. Describe the use of developed property within the proposal territ ory, including details about existing structures. Describe anticipated development of vacant property, including types of buildings, number of units, supporting facilities, etc., and when development is scheduled to occur. __________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________
3. Describe the topography and physical features of the proposal territory, as well as its general location in relation to communities, major freeways/highways, roads, etc. ______________________ ___________________________________________________________________________________ ___________________________________________________________________________________ _____________________________________________________________________________________
4. How many residents live within the proposal territory? ______________________________________
5. How many of these residents are registered voters? ________________________________________
6. Are there any jurisdictional issues associated with the LAFCO proposal or pending LAFCO action? Ƒ NO Ƒ YES (If yes, please complete the Policy L-107 form at
http://www.sdlafco.org/forms/Legislative_Policy_L_107.pdf)
B. LAND USE INFORMATION
GENERAL PLAN AND ZONING:
If the proposal territory is not within an incorporated city, San Di ego County General Plan and zoning information may be obtained by calling (858) 565-5981 or toll-free (888) 267-8770 with the Assessor Parcel Number(s) of the subject pr operty. If the proposal territory is within a city, please call the appropriate city’s planning department for General Plan and zoning information.
1. COUNTY:
(a) The territory is within the _____________________________________________ community plan. (b) The County General Plan or community plan designation and allowed density: ________________ ________________________________________________________________________________ (c) Current County zoning and allowed density: ___________________________________________ ________________________________________________________________________________ The Nakano Project does not have direct access to Chula Vista utilities, services, and facilities, and, will therefore need to be annexed into and served by San Diego.
The site is currently vacant undeveloped land. Proposed development would include 215 dwelling units (221 max) consisting of 61 detached condominiums, 84 duplexes, and 70 multi-family units.
Development would include roadway improvements to allow for ingress and egress, as well as several mini parks and trail connections to the Otay Valley Regional Park. Grading is intended to begin in mid- 2025 with first home closings in 2026.
Located on the northside of Dennery Ranch Road between Regatta Lane and San Star Way to the east of the parcel is the River Edge Terrace apartments, to the south the Kaiser Permanente Medical Center and to the southeast is Dennery Road. The site is east of Interstate 805 and currently vacant undeveloped land.
The topography of the site is sloping from south to north with hillside slopes on the southern boundary. 0 N/A
NA
NA
NA
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SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 4 of 12
2. CITY:
(a) The territory is within the general plan area for the City of _______________________________
(b) The City General Plan land use designation and allowed density: __________________________ ________________________________________________________________________________
(c) Current City zoning and allowed density: _____________________________________________ ________________________________________________________________________________
(d) Current City prezoning and allowed density: __________________________________________ ________________________________________________________________________________
3. Indicate below all permits or approvals that will be needed by the County or any city to complete the project. If already granted, please note the date of approval and attach a copy of each resolution of approval. If approval is pending, please note the anticipated approval date.
Type of Approval or Permit
File No.
Approval Date
Is Resolution
Attached?
Tentative Subdivision Map YES NO
Tentative Parcel Map YES NO
Major Use Permit YES NO
City/County General Plan Amendment YES NO
City Prezoning YES NO
County Rezone YES NO
(Other) YES NO
4. Describe the land uses surrounding the proposal te rritory (e.g., residential, commercial, agricultural, industrial, open space, etc.).
North: ________________________________________East:_________________________________ South: ________________________________________West:________________________________
5. Indicate with a DDif any portion of the proposal territory contains the following:
_____Agricultural land uses _____Agricultural Preserve _____Open Space Easement _____Slopes greater than 25% _____Sewer moratorium area _____Coastal Permit Zone
_____Unusual features such as:________________________________________________________
6. For city annexation proposals: Is any part of the proposal territory under a Williamson Act contract? If yes, please contact the LAFCO office for special instructions regarding petition/resolution of application requirements. YES NO
Chula Vista
Project site designated
Project site designated as Specific Plan – Residential Medium Project site designated as Specific Plan – Residential Medium TBD
TBD
TBD
Agriculture (SD County) RM-2-4 (City of San Diego)
CC-1-3 (City of San Diego) AR-1-1 (City of San Diego)
as Specific Plan – Residential Medium to allow residential development at a density range of 6.1 to 11 dwelling units per acre to allow residential development at a density range of 6.1 to 11 dwelling units per acre to allow residential development at a density range of 6.1 to 11 dwelling units per acre ✔
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SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 5 of 12 C. PUBLIC SERVICES INFORMATION
SEWER SERVICE:
1. (a) Is the proposal territory within a district or city that provides public sewer service?
(b) If yes, which agency? _______________________________________________ YES NO
2. (a) Is a developed parcel in need of annexation due to failed septic system? (b) If yes, include a copy of any letters from the San Diego County Department of Environmental Health or private septic-system company.
(c) If no, is annexation for sewer service part of this application? YES NO