The Santee General Plan Update Market Analysis was performed concurrently with the development of the Santee General Plan EIR. The analysis found that the development of the project site would be a potential generator of sales tax for the City. It also concluded that developing the site is critical to the City’s financial future because it would generate (in 2003 dollars) an estimated $39 million in retail sales, with an estimated $30 million staying in the City, and would provide a significant stock of housing, which would benefit the City’s efforts to attract higher-end firms and employers (City of Santee 2003). Because this economic activity generated by the proposed project is the expected result of planning for the ultimate development of the City through the Santee General Plan, it would not result in a significant adverse impact. The proposed project is expected to result in increased economic activity in the City and the region.
In addition, the Planned Development (PD) land use designation in the Santee General Plan for the project site allows for a variety of mixed-use development types, including commercial uses. The Planned Development (PD) land use designation also allows for innovative and high-quality development and does not limit the extent or mix of development to occur, which allows greater flexibility to provide a variety of land uses.
Thus, development of commercial uses on the project site resulting in economic growth is an expected and planned outcome of development of the site. Therefore, the proposed project would not contribute to unplanned economic growth inducement in the City.
The elimination of either physical or regulatory obstacles to growth is considered a growth-inducing impact. A physical obstacle to growth typically involves the lack of public service infrastructure. The proposed project would trigger growth if it would result RESOLUTION NO. 112-2022
325
in infrastructure with excess capacity or if it would remove an obstacle to growth in an area, such as providing infrastructure that was previously not available. Infrastructure elements such as sewer and water lines, streets, and drainage facilities would connect the project site with existing development. The proposed extensions of Fanita Parkway, Cuyamaca Street, and Magnolia Avenue are included in the Santee General Plan Mobility Element and would facilitate residential development contemplated in the Santee General Plan Land Use Element. Therefore, the planned extension of these streets would be growth accommodating because this growth is already planned for in the Santee General Plan.
Further, most adjacent undeveloped land is already constrained and protected from development; these areas include the Padre Dam Municipal Water District Ray Stoyer Water Recycling Facility, Santee Lakes Recreation Preserve, Goodan Ranch/Sycamore Canyon County Preserve, and Marine Corps Air Station Miramar. All of the proposed project’s off-site utility and street connections would be south and west in developed areas of the City. Development of new infrastructure on the project site would not result in expansion to these areas. The proposed project would not eliminate any regulatory obstacles to growth. Therefore, the proposed project would not result in growth inducement due to the elimination of physical or regulatory obstacles to growth.
SECTION VIII: ALTERNATIVES
A. BACKGROUND
The EIR analyzed five alternatives to the Project as proposed and evaluated these alternatives for their ability to avoid or reduce the Project’s significant environmental effects while also meeting the majority of the Project’s objectives. The City finds that it has considered and rejected as infeasible the alternatives identified in the EIR and described below. This section sets forth the potential alternatives to the Project analyzed in the EIR and evaluates them in light of the Project objectives, as required by CEQA.
Where significant impacts are identified, section 15126.6 of the State CEQA Guidelines requires EIRs to consider and discuss alternatives to the proposed actions.
Subsection (a) states:
(a) An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. An EIR is not required to consider alternatives which are infeasible. The lead agency is responsible for selecting a range of project alternatives for examination and must publicly disclose its reasoning for selecting RESOLUTION NO. 112-2022
326
those alternatives. There is no ironclad rule governing the nature or scope of the alternatives to be discussed other than the rule of reason.
Subsection 15126.6(b) states the purpose of the alternatives analysis:
(b) Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly.
In subsection 15126.6(c), the State CEQA Guidelines describe the selection process for a range of reasonable alternatives:
(c) The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic objectives of the Project and could avoid or substantially lessen one or more of the significant effects. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead agency’s determination.
Additional information explaining the choice of alternatives may be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts.
The range of alternatives required is governed by a “rule of reason” that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison with the proposed project. Alternatives are limited to ones that would avoid or substantially lessen any of the significant effects of the Project.
Of those alternatives, the EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the project.
However, when a project would not result in any significant and unavoidable impacts, the lead agency has no obligation to consider the feasibility of alternatives to lessen or avoid environmental impacts, even if the alternative would reduce the impact to a greater degree than the proposed project. (Pub. Res. Code § 21002; Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 521; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 730-731; Laurel Heights Improvement Assn. v. Regents of the University of California (1988) 47 Cal.3d 376, 400- 403.)
RESOLUTION NO. 112-2022
327
B. PROJECT OBJECTIVES
The following objectives have been established for the Project (EIR, § 6):
1. Create a new community with clustered development that provides residential, commercial, mixed-use, agricultural, and recreation land uses while preserving large blocks of significant natural open space areas as a habitat preserve dedicated to the City of Santee’s Draft Multiple Species Conservation Program Subarea Plan for permanent preservation and management.
2. Provide a complementary and supportive array of land uses that would enable development of a community with a variety of housing types to address the state’s current housing crisis.
3. Organize the development into villages with high-architectural-quality, mixed-use Village Centers focused on an agrarian and sustainability theme to create a unique identity and sense of community for each village.
4. Provide a range of recreational opportunities, including passive and active parks and recreational facilities, that promote an active and healthy lifestyle, are accessible to residents of the community and surrounding areas, and satisfy the City of Santee’s park dedication requirements.
5. Provide an extensive system of pedestrian, bicycle, and hiking trails as a key community amenity that accommodates a variety of users, facilitates the enjoyment of the outdoor environment, and provides connections to local and regional parks and trails.
6. Incorporate a working farm and related agricultural uses into the community to provide community access to fresh, locally grown foods to promote wellness and a sustainable lifestyle.
7. Develop a sustainable community that incorporates current conservation technologies and strategies to achieve local, state, and federal goals to address global climate change by reducing greenhouse gas emissions, including various modes of transportation and alternatives to single-occupancy vehicle travel.
8. Create a fire-safe community through a series of fire protection measures that incorporate fuel modification zones, fire-resistant landscape design, ignitionresistant building materials, fire alarm and sprinkler systems, and adequate ingress-egress points for emergency personnel and residents.
9. Implement major transportation components of the Santee General Plan Mobility Element by extending Fanita Parkway, Cuyamaca Street, and Magnolia Avenue to the planned development.
C. ALTERNATIVES CONSIDERED BUT REJECTED FROM DETAILED ANALYSIS RESOLUTION NO. 112-2022
328
The CEQA Guidelines state that an EIR should identify any alternatives that were considered by the lead agency but were rejected and briefly explain the reasons underlying the lead agency’s determination. Among factors used to eliminate alternatives from detailed consideration in the EIR is the failure to meet most of the basic project objectives, infeasibility, or inability to avoid significant environmental effects (CEQA Guidelines, Section 15126.6[c]). This section describes alternative concepts that were considered as alternatives to the proposed project but were rejected from further analysis, and the reason(s) underlying their rejection.
1. Consolidated Density Alternative
The Consolidated Density Alternative would include decreasing the development footprint while increasing the number of units on site. The three villages would still be constructed but would decrease individual lot sizes and eliminate many of the proposed project amenities. This would result in mid- to high-rise buildings on the project site as well as decreased commercial uses, parks, and open space within the village development area. This alternative was rejected from further analysis because the density would be out of character with the project site and its surroundings, it would increase significant impacts associated with air quality, greenhouse gas (GHG) emissions, noise, recreation, transportation, and utilities and service systems and it would fail to meet a majority of the project objectives (1, 2, 3, 4, and 6). For example, increasing density on the project site would result in a higher project population, which would increase vehicle trips, vehicle miles traveled (VMT), and associated air quality and GHG emissions. In addition, this alternative would not satisfy the project objectives associated with a variety of land uses, array of amenities, recreational opportunities, and agricultural uses because a condensed development footprint with additional housing would eliminate space for these uses. (EIR, § 6.1.1.)
2. Alternate Location
The Alternate Location Alternative would include building the proposed project in a different location from the current project site. Consideration would be given to various locations within the City of Santee (City) and County of San Diego (County). This alternative was ultimately rejected from further analysis because it would be considered infeasible as there is no site of similar size available in the City on which to locate the proposed project. In addition, this would require the applicant to gain ownership of additional property which is subject to market availability. The acquisition of land outside of the City limits would not be consistent with the Santee General Plan land use designation for the project site as Planned Development because the site would remain undeveloped under this alternative. (EIR, § 6.1.2.)
RESOLUTION NO. 112-2022
329
Finding: The City Council rejects both the Consolidated Density Alternative and the Alternate Location Alternative, on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternatives fail to meet the majority of the Project objectives; (2) the alternatives would likely not eliminate or further reduce any of the proposed project’s significant impacts; and (3) the alternative sites are technically, financially, and legally infeasible given that the Project Applicant does not own other land that would accommodate the proposed Project and consolidating density on the Project site is out of character with the Project site and its surroundings. Therefore, the Consolidated Density Alternative and the Alternate Location Alternative are eliminated from further consideration.
D. ALTERNATIVES SELECTED FOR ANALYSIS
The alternatives selected for further detailed review within the EIR focus on alternatives that could lessen the Project’s significant environmental impacts, while still meeting most of the basic Project objectives. Those alternatives include:
• No Project/No Build Alternative
• No Project/General Plan Consistency Alternative
• Modified Development Footprint Alternative
• No Fanita Commons Reduced Project Alternative
• No Vineyard Village Reduced Project Alternative
1. No Project/No Build Alternative
Description: Under the No Project/No Build Alternative, the proposed project would not be built nor would any other project be built on the project site. The 2,638-acre project site would remain in its existing undeveloped condition without management. This alternative would eliminate all of the significant and unavoidable impacts identified for the proposed project. (EIR, § 6.2.1.)
Impacts: As the project site would remain in an undeveloped condition without management, Alternative 1: No Project/No Build Alternative would result in less impacts as compared to the project in the following areas: aesthetics, air quality, biological resources, cultural resources and tribal cultural resources, energy, geology and soils, greenhouse gas, hydrology and water quality, mineral resources, noise, population and housing, public services, recreation, transportation (with the exception of emergency access), and utilities and service systems. Regarding hazards and hazardous materials, Alternative 1 would have no impacts regarding transport of hazardous materials, schools, hazardous material sites, airport safety, and potentially RESOLUTION NO. 112-2022
330
significant but mitigable impact on hazardous releases. However, this alternative would have potentially greater impacts than the proposed project on emergency response and evacuation plans because improvements to Santee General Plan Mobility Element roadways and additional emergency access to the site would not occur. Under land use and planning, Alternative 1 would conflict with the Santee General Plan and the City’s Zoning Ordinance because it would not implement the Planned Development (PD) designation and zone for the project site. The Santee General Plan currently allows up to 1,395 residential units on the project site and identifies 16 Guiding Principles for its development. Under this alternative, the planned development of the site would not occur.
Therefore, the No Project/No Build Alternative would result in potentially greater impacts related to inconsistency with the Santee General Plan and Zoning Ordinance. As to wildfire impacts, under the No Project/No Build Alternative, impacts related to emergency response and evacuation plans would be greater because the proposed Mobility Element circulation system improvements to Fanita Parkway and off-site Cuyamaca Street and Magnolia Avenue would not be constructed, which would provide enhanced
emergency response to existing community areas. However, this alternative would not have a need for evacuation from the project site in case of emergency because there would be no residents on the project site. This alternative would result in less than significant impacts related to exposing project occupants to pollutant concentrations from wildfire and the installation or maintenance of associated infrastructure because no people would occupy the site, eliminating the need for new infrastructure. In addition, this alternative would have less intensive but still less than significant impacts compared to the proposed project related to exposing people or structures to significant risks involving flooding or landslides due to post-fire slope stability or drainage changes because no alteration of the site would occur as opposed to the proposed project. However, because the project site would remain undeveloped, there would be no fire protection plan, fuel management zones, or managing entity maintaining the fuels on site.
In addition, the new emergency access points at select dead-end streets under the proposed project would not be provided under this alternative. Therefore, the potential to expose existing residences to wildfires would be potentially greater under this alternative than the proposed project. (EIR, § 6.2.1.1 and Table 6-2.)
Project Objectives: The No Project/No Build Alternative would not meet any of the project objectives because no development of the project site would occur.
Because clustered village development and other land uses would not be constructed, the proposed project would not extend the three RESOLUTION NO. 112-2022
331
major Mobility Element streets planned for in the Santee General Plan. The project site would remain in its undeveloped state and would not be legally open to the public. Therefore, the proposed project would not provide a system of pedestrian, biking, and hiking trails for public use. Additionally, the proposed project would not benefit from large blocks of open space actively managed as Habitat Preserve because the site would remain unmanaged and continue to be susceptible to degradation over time. (EIR, § 6.2.1.2.) Finding: The City Council rejects Alternative 1: No Project, on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative fails to meet any of the project objectives; (2) the alternative would result in greater land use impacts, as well as emergency service impacts than the project; and (3) the alternative is infeasible as it would not implement the current Planned Development (PD) designation and zone for the project site consistent with the City’s General Plan.
2. No Project/General Plan Consistency Alternative
Description: Under the No Project/General Plan Consistency Alternative, the project site would be developed consistent with the previously approved project in 2007 (i.e., the Barratt American Development Plan) consisting of four villages spread throughout the project site.
The footprint would consist of three villages in the northern area of the site and one village in the southern area of the site, adjacent to existing development. It would include approximately 1,380 residential units with 15 live-work units, consistent with the Santee General Plan, which allows 1,395 residential units on the project site.
A 46-acre Community Park in the northwestern area of the site would include a pedestrian-oriented Village Center and community-serving recreational resources. These resources would include a lake, a park, community centers, sports fields, and preserve areas. The land use plan would include 4.1 acres for a fire station but would not include Medium Density Residential, Active Adult, Village Center, School Overlay, or Agriculture Overlay land use designations or overlays. Approximately 1,465 acres of the site would be designated as Habitat Preserve to be protected and conserved consistent with the City’s Draft MSCP Subarea Plan. Access to the site under this alternative would be through the northerly extensions of Fanita Parkway and Cuyamaca Street. Fanita Parkway would be
reconstructed from Mast Boulevard to the southerly project site boundary at the existing San Diego Gas & Electric transmission line.
This alternative was selected because it would reduce or eliminate the following significant and unavoidable impacts identified for the proposed project: (1) air quality (consistency with the applicable air RESOLUTION NO. 112-2022
332
quality plan, cumulative increase in criteria pollutant emissions), (2) noise (exceedance of noise standards), (3) recreation (construction or expansion of recreational facilities), (4) transportation (circulation system performance, VMT), and (5) utilities and service systems (new or expanded utilities or service systems). (EIR, § 6.2.2.) Impacts: Alternative 2 would result in reduced impacts associated with air quality, energy, GHG emissions, hazards and hazardous materials, noise, population and housing, public services, recreation, transportation, and utilities and service systems. The No Project/General Plan Consistency Alternative would have potentially greater impacts regarding aesthetics, biological resources, cultural resources, geology, soils, paleontological resources, hydrology and water quality, and wildfire.
Regarding aesthetics, because development is proposed in the southern half of the project site near existing residential development, this alternative would result in more intensive but still less than significant visual impacts related to the change in character of the site and more intensive but still less than significant impacts to scenic vistas. In addition, potentially greater impacts than the proposed project on light and glare would occur due to new sources of light in the southern half of the site including exterior building illumination, residential lighting, parking lots, new landscaped areas, and new roadway lighting. This is a new impact that may require mitigation measures.
Regarding biological resources, this alternative would designate approximately 185 acres less for Habitat Preserve than the proposed project, increase edge effects, and decrease wildlife connectivity across the site. Therefore, impacts on candidate, sensitive, or special-status plant and wildlife species would be expected to be greater under this alternative. This alternative would also include development in the southern area of the site where high-quality coastal California gnatcatcher (Polioptila californica californica) habitat, previously occupied suitable habitat for Hermes copper butterfly (Lycaena hermes), and suitable habitat for Quino checkerspot butterfly (Euphydryas editha quino) occur. Because the footprint of this alternative would be larger than the proposed project, the alternative would have a greater impact on wildlife corridors. Due to the more spread-out configuration of the different villages under this alternative, it would provide limited opportunity for movement through the preserve area and limit regional connections.
Similarly, due to the approximately 185 acres larger project disturbance area, there would be potentially greater significant impacts to archeological resources, human remains, and tribal RESOLUTION NO. 112-2022
333
cultural resources. The National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) eligible known cultural sites CA-SDI-8243 and CA-SDI-8345 would be directly impacted under this alternative because development would be proposed on these sites. Due to the larger footprint and location of proposed development under this alternative, greater potentially significant but mitigable impacts would occur related to soil erosion and topsoil loss, geologic stability, and expansive soils. In addition, potentially greater significant impacts would occur regarding geologic stability due to the southern area of the site consisting of extensive landslide deposits where the southern village would be developed. Therefore, additional enhanced mitigation measures would be required to mitigate landslide impacts from the development of the southern village under this alternative. This alternative would include an additional village in the southern area of the site that would be located in an area with high paleontological sensitivity near existing residential development. Therefore, potentially greater impacts to paleontological resources would occur under this alternative.
Though it would include fewer residential units and commercial uses than the proposed project, development would be more spread out potentially causing greater disruption to the natural hydrology of the site. Construction and operation of this alternative would generate pollutants that could potentially degrade the surface water quality of downstream receiving waters. Therefore, this alternative could cause greater impacts on water quality standards and site drainage and hydrology and require new mitigation measures. In addition, this alternative could result in activities inundated by potential mudflows from landslide deposits in the southern portion of project site.
Therefore, impacts related to mudflows would be greater than the proposed project and require new mitigation measures. In addition, potentially greater impacts would occur related to flooding or landslides as a result of post-fire stability or drainage changes due to the southern area of the project site containing extensive landslide deposits and being prone to slope failure. Under this alternative, this area would be extensively developed with a residential village.
Numerous debris avalanches and debris slides of varying ages are present on these slopes. It is expected that such conditions could be exacerbated in a post-fire landscape where surface vegetation has been removed or burned and erosion potential increases. New mitigation measures would be required to address the increased potential for impacts in the southern area of the site and best management practices for erosion control in a post-fire landscape. (EIR, § 6.2.2.1 and Table 6-2.)
Project Objectives: The No Project/General Plan Consistency Alternative would RESOLUTION NO. 112-2022
334
accomplish four of the nine project objectives (Project Objectives 4, 5, 7, and 8). This alternative would meet Project Objective 4 because it would provide community-serving recreational opportunities including a lake, a large central park, and sports fields and satisfy the City’s park dedication requirements. This alternative would meet Project Objective 5 because it would provide a system of pedestrian, biking, and hiking trails that would connect with the regional system.
Project Objective 7 would be met by this alternative because it would provide various sustainable features including energy-efficient buildings, water efficient systems, and electric-vehicle charging stations and outlets. This alternative would satisfy Project Objective 8 and create a fire-safe community through various fire protection measures including managed FMZs, fire-resistive landscaping, fire alarm and sprinkler systems, and active management of the Habitat Preserve. However, this alternative would not fulfill Project Objective 1 because it would not cluster development in one area of the project site or include agricultural land uses that promote access to local food sources. This alternative would only partially satisfy Project Objective 2 because it would not provide the Active Adult or Medium Density Residential land use, thus limiting the array of land uses that would enable development of a community with a variety of housing types. It would also provide approximately 1,554 fewer residential units to address the state’s housing crisis. In addition, this alternative would not fulfill Project Objective 3 as it would not create villages that include high-architectural-quality mixed-use Village Centers, and no agrarian theme is anticipated. This alternative would not meet Project Objective 6 because it would not include a working farm and related agricultural uses for the community. Project Objective 9 would not be fulfilled because this alternative would not extend Magnolia Avenue, a major transportation component of the Santee General Plan Mobility Element. (EIR, § 6.2.2.2.)
Finding: The City Council rejects Alternative 2: No Project/General Plan Consistency Alternative, on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative fails to meet the project objectives to the same extent as the project and is infeasible; and (2) the alternative would result in increased impacts relating to aesthetics, biological resources, cultural and tribal cultural resources, geology, soils and paleontological resources, hydrology and water quality, and wildfire.
3. Modified Development Footprint Alternative
Description: Under the Modified Development Footprint Alternative, the proposed project would consist of development exclusively in the southern half of the project site, extending no farther north than the PDMWD Ray RESOLUTION NO. 112-2022
335
Stoyer Water Reclamation Facility. See Figure 6-2, Modified Development Footprint Alternative, for an illustration of the development footprint associated with this alternative. It would include approximately 2,947 low- and medium-density residential units, 36 acres of visitor commercial uses, 47.1 acres of parks, 196.2 acres of open space (includes FMZs), a fire station, a school site, and the Special Use area on approximately 785 acres. The remaining 1,853 acres would be dedicated as Habitat Preserve and would not be developed. Access to the site under this alternative would be from Fanita Parkway and the extension of Carlton Hills Boulevard. The proposed development would connect with several existing neighborhood dead-end streets in the City.
This alternative was selected because it would reduce or eliminate significant transportation impacts to some street segments and intersections of Cuyamaca Street that have been identified for the proposed project. It would also reduce impacts to biological and cultural resources compared to the proposed project.(EIR, § 6.2.3.) Impacts: Compared to the proposed project, the Modified Development Footprint Alternative would result in reduced impacts associated with biological resources, cultural resources, hydrology and water quality, and mineral resources. The Modified Development Footprint Alternative would have potentially greater impacts regarding aesthetics, air quality, geology, soils, and paleontological resources, GHG emissions, noise, population and housing, public services, recreation, transportation, utilities and service systems, and wildfire.
The Modified Development Footprint Alternative would include development located exclusively in the southern half of the project site. Because development is proposed only in the southern half of the project site adjacent to existing City development, this alternative would result in greater visual impacts to public views in this area compared to the proposed project. Potentially greater impacts than the proposed project to scenic vistas and visual character or quality of public views of the site would occur because proposed development would be clearly visible from existing City public streets and residences immediately adjacent to the east, south, and west of the project site. Due to the location and proximity of proposed development, it is likely that this alternative would partially block views of scenic vistas of the project site from public streets and rights-of-way. In addition, potentially greater impacts than the proposed project on light and glare would occur due to potential new sources of light in the southern half of the site including exterior building illumination, residential lighting, parking lots, new landscaped areas, and new roadway lighting. This would be a new impact requiring mitigation to reduce it to a less than significant level.
RESOLUTION NO. 112-2022
336
The Modified Development Alternative would result in similar potentially significant and unavoidable impacts as the proposed project related to consistency with the applicable air quality plan because it would exceed the number of residential units identified for the project site in the Santee General Plan Housing Element. Thus, this alternative would exceed the SANDAG growth assumptions assumed for the project site and would be inconsistent with the emissions projections in the RAQS and the SIP. Impacts associated with criteria air pollutant emissions during construction would be potentially significant, similar to the proposed project, due to similar construction activities occurring on site resulting in similar maximum daily emissions. Operational emissions associated with stationary sources (e.g., architectural coatings, consumer products, landscape equipment, and energy use) would be similar to the proposed project due to a similar number of residential units (2,947) on the project site.
However, operational air quality emissions associated with mobile emissions (vehicle trips) would be greater under this alternative due to a greater on-site population. As a result, carbon monoxide hotspots on sensitive receptors would be greater because of the increase in vehicle trips. In addition, similar potentially significant impacts from toxic air contaminants and operational health impacts on sensitive receptors would occur under this alternative due to similar construction activities and operational land uses. Mitigation Measures similar to AIR-1 through AIR-10, and GHG-4, All-Electric Homes, would be required to reduce impacts on the applicable air quality plans and cumulative increases in criteria pollutant emissions from construction and operation, though not to a less than significant level. Similar to the proposed project, these impacts would remain significant and unavoidable.
Though the alternative development footprint is a smaller area, potentially significant impacts would still occur regarding soil erosion, topsoil loss, and expansive soils due to the magnitude of excavation and grading proposed for on-site development and off-site improvement areas. The geotechnical recommendations set forth in Mitigation Measure GEO-1 and compliance with applicable federal, state, and local regulations as required by the proposed project would be required under this alternative to reduce potentially significant geological impacts to a less than significant level. In addition, potentially greater significant impacts would occur with regard to geologic stability due to the southern area of the site, including the Special Use area, containing known extensive landslide deposits. Therefore, additional mitigation measures would be required to mitigate landslide impacts under this alternative.
The Modified Development Footprint Alternative would result in similar potentially significant construction GHG emissions as the RESOLUTION NO. 112-2022
337
proposed project due to similar construction equipment and worker and vendor vehicle trips. However, long-term operational GHG emissions from mobile source emissions under this alternative would be greater than the proposed project due to a greater on-site population. In addition, area source and stationary source emissions from activities associated with landscaping, heating, and electricity demand would be similar to the proposed project due to a similar unit count. Therefore, this alternative would result in emissions above the per capita threshold of 1.77 MT CO2e developed consistent with the Santee Sustainable Plan. Mitigation measures similar to Mitigation Measures AIR-5 through AIR-8, AIR-10, and GHG-1 through GHG-6 would be required to reduce operational and amortized construction GHG emissions under this alternative through the application of solar panels, recycling and composting services, water conservation, electric homes, on-site tree planting, and private electric vehicles to a less than significant level.
The Modified Development Footprint Alternative would result in greater potentially significant construction noise impacts than the proposed project due to the proximity of construction activities, including equipment and vehicle traffic, to adjacent NSLUs.
Mitigation Measures NOI-1 through NOI-4, in addition to new mitigation measures to mitigate noise on nearby existing residences and Sycamore Canyon Elementary School, would be required to reduce excessive noise levels as a result of construction activities.
Due to the proximity of the alternative development footprint to adjacent NSLU, it would expand the number of receptors that would be exposed to construction noise impacts. Therefore, this alternative would have the potential to result in more intensive potentially significant construction noise impacts. In addition, this alternative would result in potentially greater operational impacts than the proposed project due to the entire alternative development being concentrated in the southern portion of the site immediately adjacent to existing NSLUs. Operational noise impacts that would be mitigated by distance under the proposed project would be potentially significant as a result of such proximity to existing NSLUs.
Nighttime nuisance noise impacts from the Special Use area would be potentially significant under this alternative, similar to the proposed project, and Mitigation Measure NOI-5 would still be required. Operational traffic would be routed through several existing streets including Birchcrest Boulevard, Halberns Boulevard, Carlton Hills Boulevard, and Cecilwood Drive directly south and west of the alternative footprint that would not provide project access under the proposed project. This would result in new noise impacts on the adjacent NSLUs compared to the proposed project. Therefore, Mitigation Measures NOI-6 and NOI-7, as well as additional new mitigation measures, would be required to reduce impacts, though RESOLUTION NO. 112-2022
338
not to a less than significant level. Similar to the proposed project, operational noise impacts would be significant and unavoidable.
Similar to the proposed project, temporary potentially significant groundborne vibration impacts from construction equipment and blasting would occur under this alternative. Implementation of Mitigation Measures NOI-8 and NOI-9, in addition to Mitigation Measures NOI-3 and NOI-4, would minimize temporary groundborne vibration impacts from construction and blasting activities at nearby receptors. However, due to the proximity of construction activities under this alternative, impacts from groundborne vibration would be potentially greater than under the proposed project and may require additional mitigation measures to reduce impacts to less than significant.
Unlike the proposed project, this alternative does not propose an Active Adult community, which includes a lower 1.6 persons per household residential population compared to the 2.9 persons per household for low- and medium-density residential units. Using these population generation factors, this alternative would generate approximately 8,546 residents, and the proposed project would generate approximately 7,974 residents under the preferred land use plan with school or approximately 8,145 residents under the land use plan without school. Therefore, greater population growth would result from this alternative.
The Modified Development Footprint Alternative would result in more intensive but still less than significant impacts on fire protection facilities, police protection facilities, public school facilities, and libraries compared to the proposed project due to a greater on-site residential population. However, similar to the proposed project, this alternative includes a site for a future fire station and for a school, which would allow this alternative to maintain acceptable service ratios, response times, or other performance objectives, and reduce demand for fire protection and public school service. Police protection and library facilities would be accommodated off-site by existing uses and would not result in physical impacts associated with the proposed project. Physical impacts as a result of construction of the new fire protection and school facilities would be reduced through mitigation measures put forth in other resource topics as part of the overall project environmental evaluation.
Therefore, this alternative would have more intensive but still less than significant impacts on public services compared to the proposed project.
The Modified Development Footprint Alternative would result in an increased demand for recreational facilities due to a greater on-site population than the proposed project. This alternative would include RESOLUTION NO. 112-2022
339
approximately 47.1 acres of parks. Using the City’s minimum parkland requirement of 10 acres of parkland for every 1,000 residents, along with the Santee Municipal Code, Chapter 12.40, provision of 5 acres per 1,000 residents of parkland dedication plus 5 acres per 1,000 persons of in-lieu fee, this alternative would be required to provide approximately 85.5 acres of parks (total project population divided by 1,000 and multiplied by 10). Since this alternative would only provide 47.1 acres, it would not provide sufficient acreage of parks, trails, and recreational facilities to satisfy the parkland dedication requirements and would not comply with the Santee General Plan. Similar to the proposed project, this alternative would mitigate any impacts associated with new on-site park development as part of the proposed project’s environmental evaluation and identify applicable mitigation measures as needed.
However, because this alternative would result in significant and unavoidable impacts to air quality, noise, and transportation, construction of the recreational facilities associated with the alternative would contribute to these impacts. Similar to the proposed project, impacts to new or expanded recreational facilities on site would be significant and unavoidable for air quality, noise, and transportation, while the remaining impacts would be less than significant or reduced to a less than significant level with mitigation.
The lack of proposed park acreage would result in increased demand on existing park and recreation facilities in the City causing substantial deterioration of those facilities. Therefore, this alternative would result in a new potentially significant impact compared to the proposed project and would require new mitigation measures, such as the payment of fees, to meet these parkland requirements.
This alternative would result in greater potentially significant operational transportation impacts than the proposed project due to a greater on-site population because this alternative would not propose Active Adult units. Using the trip rates for low-density, medium-density, and visitor commercial land uses from the Transportation Impact Analysis, this alternative would result in approximately 986 additional residential average daily trips compared to the proposed project. This could result in greater traffic impacts than have been identified for the proposed project. However, because the development would be concentrated in the southern portion of the project site, potentially significant impacts on certain segments and intersections of Cuyamaca Street would be avoided because this alternative would not access the project site from Cuyamaca Street. Traffic under this alternative would be rerouted through other existing City streets to the south and west including Sycamore Canyon Road, Birchcrest Boulevard, Halberns Boulevard, Carlton Hills Boulevard, Dragoye Drive, Cambury Drive, and Cecilwood Drive, potentially resulting in new significant impacts on RESOLUTION NO. 112-2022
340
these roadways, which would require new mitigation measures.
In addition, this alternative would result in less intensive but still potentially significant impacts on VMT because it would be located entirely in the southern portion of the site adjacent to existing City development resulting in approximately 1 to 3 fewer VMT per capita to and from various existing and proposed land uses. However, without the Active Adult community under this alternative, the VMT per capita would increase. Due to the number of units that would be developed under this alternative, Mitigation Measure AIR-6 would still be required to implement a Transportation Demand Management Plan to reduce potentially significant impacts on VMT, though not to less than significant. Similar to the proposed project, impacts would remain significant and unavoidable. Similar to the proposed project, implementation of this alternative would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment).
The Modified Development Footprint Alternative would result in slightly greater demand for water, wastewater, stormwater drainage, electric power, natural gas, and telecommunications facilities than the proposed project because it would generate a greater population.
Therefore, potentially increased significant impacts would occur because this alternative would require the construction of new and expanded utilities and service systems to serve the proposed residential and commercial uses. Similar to the proposed project, applicable mitigation measures from other resource topics would be required to reduce physical environmental impacts of these new facilities to a less than significant. However, because this alternative would result in significant and unavoidable impacts to air quality, noise, and transportation, construction of utilities and service systems associated with the alternative could contribute to these impacts. Similar to the proposed project, impacts to new or expanded utilities and service systems would be significant and unavoidable for air quality, noise, and transportation, while the remaining impacts would be less than significant or reduced to a less than significant level with mitigation.
Potentially greater impacts would occur related to flooding or landslides as a result of post-fire stability or drainage changes due to the southern area of the project site containing extensive landslide deposits and being prone to slope failure. This alternative would concentrate development in the southern area, potentially resulting in a new significant impact requiring mitigation. Numerous debris avalanches and debris slides of varying ages are present on these slopes. It is expected that such conditions could be exacerbated in a RESOLUTION NO. 112-2022
341
post-fire landscape where surface vegetation has been removed or burned and erosion potential increases. In addition, the Special Use area proposed under this alternative was deemed unsuitable for park or substantial facility development by a focused geotechnical study due to geological constraints including landslides. This alternative proposes residential development in proximity to the Special Use area. Therefore, the alternative would result in greater impacts related to post-fire instability and new mitigation measures would be required to mitigate flooding or landslide impacts under this alternative. (EIR, § 6.2.3.1 and Table 6-2.)
Project Objectives: The Modified Development Footprint Alternative would accomplish five of the nine project objectives (Project Objectives 2, 4, 5, 7, and 8). This alternative would satisfy Project Objective 2 because it would provide an array of land uses that would enable development of a community with a variety of housing types to address the state’s housing crisis. This alternative would meet Project Objective 4 because it would provide community-serving recreational opportunities including two large parks. This alternative would meet Project Objective 5 because it would provide a system of pedestrian, biking, and hiking trails that would connect with the regional system.
Project Objective 7 would be met by this alternative because it would provide various sustainable features including energy-efficient residences, drought-tolerant landscaping, and close connections to existing City development to offset single-occupancy vehicle travel.
In addition, this alternative would satisfy Project Objective 8 and create a fire-safe community through various fire protection measures including managed FMZs, fire-resistive landscaping, fire alarm and sprinkler systems, and active management of the Habitat Preserve. This alternative would only partially satisfy Project Objective 1 because, although it would create a clustered development with a mix of land uses concentrated in the southern area of the site and dedicate a large block of open space as Habitat Preserve to the City’s Draft MSCP Subarea Plan, it would not include agricultural land uses that promote access to local food sources.
However, this alternative would not fulfill Project Objective 3 because it would not create multiple villages that include mixed-use Village Centers, and no agrarian theme is anticipated. This alternative would not meet Project Objective 6 because it would not include a working farm and related agricultural uses for the community. Project Objective 9 would be partially fulfilled because while this alternative would improve Fanita Parkway it would not extend or improve Cuyamaca Street or Magnolia Avenue, which are major
transportation components of the Santee General Plan Mobility Element. (EIR, § 6.2.3.2.)
Finding: The City Council rejects Alternative 3: Modified Development RESOLUTION NO. 112-2022
342
Footprint Alternative, on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative fails to meet the project objectives to the same extent as the project and is infeasible; (2) the alternative fails to avoid or reduce any potentially significant impacts of the project regarding air quality, noise, recreation, transportation and utilities and service systems; and (3) the alternative would result in increased impacts relating to aesthetics, geology, soils, and paleontological resources, GHG emissions, population and housing, public services, and wildfire.
4. No Fanita Commons Reduced Project Alternative
Description: Under the No Fanita Commons Reduced Project Alternative, the project footprint would be the same as the proposed project except Fanita Commons (the northwestern village) would not be
constructed. See Figure 6-3, No Fanita Commons Reduced Project Alternative, for an illustration of the development footprint for this alternative. Development would occur on approximately 692 acres with the remaining 1,946 acres being dedicated as Habitat Preserve.
This alternative would include approximately 2,392 low- and medium-density residential units, 8.7 acres of visitor commercial uses, 38.5 acres of parks, a fire station, a school site, and the Special Use area. Without Fanita Commons, the alternative would eliminate a majority of the commercial uses and Active Adult neighborhood.
The proposed school would be moved to the Farm site, eliminating the Farm. A fire station would be located next to the school site to the north. The Community Park would be located in Vineyard Village under this alternative. Street “V” and Street “W” would be constructed to connect Orchard Village with Vineyard Village. Access to and from the site would be through the extensions of Fanita Parkway, Cuyamaca Street, and Magnolia Avenue.
This alternative was selected because it would reduce or eliminate some of the significant and unavoidable transportation impacts to street segments and intersections identified for the proposed project (circulation system performance). It would also have reduced significant and unavoidable impacts associated with: (1) air quality (consistency with the applicable air quality plan, cumulative increase in criteria pollutant emissions), (2) noise (exceedance of noise standards), (3) recreation (construction or expansion of recreational facilities), (4) transportation (VMT), and (5) utilities and service systems (new or expanded utilities or service systems). (EIR, §
6.2.4.)
Impacts: Compared to the proposed project, the No Fanita Commons Reduced Project Alternative would result in reduced impacts RESOLUTION NO. 112-2022
343
associated with aesthetics, air quality, biological resources, cultural resources, energy, geology, soils and paleontological resources, GHG emissions, hazards and hazardous materials, hydrology and water quality, mineral resources, noise, population and housing, public services, transportation, utilities and service systems, and wildfire. The No Fanita Commons Reduced Project Alternative would have potentially greater impacts on recreation because this alternative would not meet the City park acreage requirements.
The No Fanita Commons Reduced Project Alternative would result in reduced demand for existing recreational facilities because it would construct one less village and generate less population growth (approximately 1,037 fewer people). However, with the elimination of Fanita Commons, proposed project recreation amenities including the Community Park, two Neighborhood Parks, two Mini-Parks, and the Farm would also be eliminated. This alternative would provide approximately 38.5 acres of parks. Using the City’s minimum parkland requirement of 10 acres of parkland for every 1,000 residents, along with the Santee Municipal Code, Chapter 12.40, provision of 5 acres per 1,000 residents of parkland dedication plus 5 acres per 1,000 persons of in-lieu fee, this alternative would be required to provide approximately 69.4 acres of parks (total project population divided by 1,000 and multiplied by 10). Since this alternative would only provide 38.5 acres, it would not provide sufficient acreage of parks, trails, and recreational facilities to satisfy the parkland dedication requirements and would not comply with the Santee General Plan. Similar to the proposed project, this alternative would mitigate any impacts associated with new on-site park development as part of the proposed project’s environmental evaluation and identify applicable mitigation measures, as needed, to reduce impacts to a less than significant level. However, because this alternative would result in some significant and unavoidable impacts to air quality, noise, and transportation, construction of the recreational facilities associated with the alternative could contribute to these impacts. Similar to the proposed project, impacts to new or expanded recreational facilities on site would be significant and unavoidable for air quality, noise, and transportation, while the remaining impacts would be less than significant or reduced to a less than significant level with mitigation. Compared to the proposed project, this alternative would have lessened impacts because it would contribute to fewer significant and unmitigated transportation impacts from the construction of on-site recreational resources.
However, the lack of adequate park facilities on the project site to meet the City’s requirements would mean that project residents would more frequently use existing recreational facilities in the community than they would if adequate facilities were provided on site. This could result in a new significant impact related to the RESOLUTION NO. 112-2022
344
degradation of existing recreational facilities compared to the proposed project and require this alternative to mitigate through the payment of parkland fees to reduce impacts to a less than significant level. (EIR, § 6.2.4.1 and Table 6-2.)
Project Objectives: The No Fanita Commons Reduced Project Alternative would accomplish four of the nine project objectives (Project Objectives 5, 7, 8, and 9). This alternative would meet Project Objective 5 because it would provide a system of pedestrian, biking, and hiking trails that would connect with the regional system and existing City development. Project Objective 7 would be met by this alternative because it would provide various sustainable features, including energy-efficient residences, drought-tolerant landscaping, and connections to existing City development to offset single-occupancy vehicle travel. In addition, this alternative would satisfy Project Objective 8 and create a fire-safe community through various fire protection measures including managed FMZs, fire-resistive landscaping, fire alarm and sprinkler systems, and active management of the Habitat Preserve. Project Objective 9 would be fulfilled by this alternative because it would extend and improve Fanita Parkway, Cuyamaca Street, or Magnolia Avenue, three major transportation components of the Santee General Plan Mobility Element. This alternative would only partially satisfy Project Objective 1 because, although it would create a new community with clustered development and a mix of land uses and dedicate large blocks of open space as Habitat Preserve to the City’s Draft MSCP Subarea Plan, it would not provide recreational land uses to meet the City’s park dedication requirements or provide the Farm that would promote access to local food sources. This alternative would only partially meet Project Objective 2 because it would not provide the Active Adult land use, limiting the array of land uses with a variety of housing types and would provide approximately 557 fewer residential units to address the state’s housing crisis. However, this alternative would only partially meet Project Objective 3 because there would not be an agrarian theme throughout the development and no Farm would be proposed. In addition, this alternative would only provide two villages, eliminating Fanita Commons, which would be the main commercial center for the proposed project. This alternative would not meet Project Objective 4 because this alternative would not provide enough passive and active parks to satisfy the City’s park dedication requirements. Finally, this alternative would not meet Project Objective 6 because it would not include a working farm, thereby not providing fresh, locally grown produce for the community. (EIR, § 6.2.4.2.)
Finding: The City Council rejects Alternative 4: No Fanita Commons Reduced Project Alternative, on the following grounds, each of which RESOLUTION NO. 112-2022
345
individually provides sufficient justification for rejection of this alternative: (1) the alternative fails to meet the project objectives to the same extent as the project and is infeasible; (2) the alternative fails to avoid or reduce the potentially significant impacts of the project related to recreation; and (3) the alternative would result in increased impacts relating to recreation.
5. No Vineyard Village Reduced Project Alternative
Description: Under the No Vineyard Village Reduced Project Alternative, the project footprint would be similar to the proposed project except Vineyard Village (the eastern village) would not be constructed.
Under this alternative, residential units would be reduced to approximately 1,904 units. Development would occur on
approximately 462 acres with the remaining 2,176 acres to be dedicated as Habitat Preserve. It would include 27.8 acres of visitor commercial uses, the Farm, 30 acres of parks (including the Community Park), a fire station site, and the Special Use area.
However, no school site would be designated under this alternative.
This alternative would not require the construction of internal streets “V” and “W.” Access to and from the site would be through the extensions of Fanita Parkway, Cuyamaca Street, and Magnolia Avenue.
This alternative was selected because it would reduce or eliminate the following significant and unavoidable impacts identified for the proposed project: (1) air quality (consistency with the applicable air quality plan, cumulative increase in criteria pollutant emissions), (2) noise (exceedance of noise standards), (3) recreation (construction or expansion of recreational facilities), (4) transportation (circulation system performance, VMT), and (5) utilities and service systems (new or expanded utilities or service systems). (EIR, § 6.2.5.) Impacts: Compared to the proposed project, the No Vineyard Village Reduced Project Alternative would result in reduced impacts associated with aesthetics, air quality, biological resources, cultural resources, energy, geology, soils and paleontological resources, GHG emissions, hazards and hazardous materials, hydrology and water quality, mineral resources, noise, population and housing, public services, transportation, utilities and service systems, and wildfire.
The No Vineyard Village Reduced Project Alternative would have potentially greater impacts on recreation because this alternative would not meet the City park acreage requirements. This alternative would fulfill six of the nine project objectives.
The No Vineyard Village Reduced Project Alternative would result in reduced overall demand for recreational facilities compared to the RESOLUTION NO. 112-2022
346
proposed project because it would construct one less village (1,045 fewer residential units) and generate less population growth.
However, with the elimination of Vineyard Village, proposed project recreation amenities including 4 Neighborhood Parks, 10 Mini-Parks, and various trail connections would also be eliminated. This alternative would provide approximately 30 acres of parks. Using the City’s minimum parkland requirement of 10 acres of parkland for every 1,000 residents, along with the Santee Municipal Code, Chapter 12.40, provision of 5 acres per 1,000 residents of parkland dedication plus 5 acres per 1,000 persons of in-lieu fee, this alternative would be required to provide approximately 55.2 acres of parks (total project population divided by 1,000 and multiplied by 10).
Since this alternative would only provide 30 acres, it would not provide sufficient acreage of parks, trails, and recreational facilities to satisfy the parkland dedication requirements and would not comply with the Santee General Plan. Similar to the proposed project, this alternative would mitigate any impacts associated with new on-site park development as part of the proposed project’s environmental evaluation and identify applicable mitigation measures, as needed, to reduce impacts to less than significant.
However, because this alternative would result in some significant and unavoidable impacts to air quality and transportation, construction of the recreational facilities associated with the alternative could contribute to these impacts. Similar to the proposed project, impacts to new or expanded recreational facilities on site would be significant and unavoidable for air quality and transportation, while the remaining impacts would be less than significant or reduced to a less than significant level with mitigation.
Compared to the proposed project, this alternative would have lessened impacts because it would contribute to fewer significant and unmitigated noise and transportation impacts from the construction of on-site recreational resources.
The lack of adequate park facilities on the project site under this alternative to meet the City’s requirements would mean that project residents would more frequently use existing recreational facilities in the community than they would if adequate facilities were provided on site. This could result in a new significant impact related to the degradation of existing recreational facilities compared to the proposed project and require this alternative to mitigate this impact through the payment of fees to meet satisfy the parkland requirements to reduce impacts to a less than significant level. (EIR, § 6.2.5.1 and Table 6-2.)
Project Objectives: The No Vineyard Village Reduced Project Alternative would accomplish six of the nine project objectives (Project Objectives 3, 5, 6, 7, 8, and 9). This alternative would meet Project Objective 3 RESOLUTION NO. 112-2022
347
because it would create villages that include high-architecturalquality, mixed-use Village Centers with an agrarian theme. This alternative would meet Project Objective 5 because it would provide a system of pedestrian, biking, and hiking trails that would connect with the regional system and existing City development. This alternative would meet Project Objective 6 because it would include a working farm that would provide fresh, locally grown produce for the community. Project Objective 7 would be met by this alternative because it would provide various sustainable features including energy-efficient residences, drought-tolerant landscaping, and connections to existing City development to offset single-occupancy vehicle travel. In addition, this alternative would satisfy Project Objective 8 and create a fire-safe community through various fire protection measures including managed FMZs, fire-resistive landscaping, fire alarm and sprinkler systems, and active management of the Habitat Preserve. Project Objective 9 would be fulfilled by this alternative because it would extend and improve Fanita Parkway, Cuyamaca Street, or Magnolia Avenue, three major transportation components of the Santee General Plan Mobility Element. This alternative would only partially satisfy Project Objective 1 because it would create a new community with clustered development and a mix of land uses and dedicate large blocks of open space as Habitat Preserve to the City’s Draft MSCP Subarea Plan, but it would not provide enough recreation land uses to the City’s parkland dedication requirements. This alternative would only partially meet Project Objective 2 because, although it would provide an array of land uses with a variety of housing types, it would provide approximately 1,045 fewer residential units to address the state’s housing crisis. However, this alternative would not meet Project Objective 4 because this alternative would not provide enough passive and active parks to satisfy the City’s park dedication requirements.(EIR, § 6.2.5.2.)
Finding: The City Council rejects Alternative 5: No Vineyard Village Reduced Project Alternative, on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative fails to meet the project objectives to the same extent as the project and is infeasible; (2) the alternative fails to avoid or reduce the potentially significant impacts of the project related to recreation; and (3) the alternative would result in increased impacts relating to recreation.
E. ENVIRONMENTALLY SUPERIOR ALTERNATIVE
According to Section 15126.6(e)(2) of the CEQA Guidelines, an EIR is required to identify the environmentally superior alternative, which is the alternative having the RESOLUTION NO. 112-2022
348
potential for the fewest significant environmental impacts, from among the range of reasonable alternatives that are evaluated in an EIR.
The level of environmental impacts associated with the No Project/No Build Alternative is overall less than the proposed project. It would avoid all of the significant and unavoidable impacts of the proposed project. This alternative would have greater land use impacts than the proposed project as it would conflict with the Santee General Plan and zoning ordinance. It would also not accomplish any of the proposed project objectives. Nonetheless, the No Project/No Build Alternative would be considered the environmentally superior alternative. According to Section 15126.6 of the CEQA Guidelines, if the No Project Alternative is selected as the environmentally superior alternative, then the EIR shall also identify am environmentally superior alternative among the remaining alternatives.
Compared to the proposed project, the No Project/General Plan Consistency Alternative would result in reduced impacts associated with air quality, energy, GHG emissions, hazards and hazardous materials, noise, population and housing, public services, recreation, transportation, and utilities and service systems. The No Project/General Plan Consistency Alternative would have potentially greater impacts regarding aesthetics, biological resources, cultural resources, geology, soils, paleontological resources, hydrology and water quality, and wildfire. This alternative would fulfill four of the nine project objectives.
Compared to the proposed project, the Modified Development Footprint Alternative would result in reduced impacts associated with biological resources, cultural resources, hydrology and water quality, and mineral resources. The Modified Development Footprint Alternative would have potentially greater impacts regarding aesthetics, air quality, geology, soils, and paleontological resources, GHG emissions, noise, population and housing, public services, recreation, transportation, utilities and service systems, and wildfire. This alternative would fulfill five of the nine project objectives.
Compared to the proposed project, the No Fanita Commons Reduced Project Alternative would result in reduced impacts associated with aesthetics, air quality, biological resources, cultural resources, energy, geology, soils and paleontological resources, GHG emissions, hazards and hazardous materials, hydrology and water quality, mineral resources, noise, population and housing, public services, transportation, utilities and service systems, and wildfire. The No Fanita Commons Reduced Project Alternative would have potentially greater impacts on recreation because this alternative would not meet the City park acreage requirements. This alternative would fulfill four of the nine project objectives.
Compared to the proposed project, the No Vineyard Village Reduced Project Alternative would result in reduced impacts associated with aesthetics, air quality, biological resources, cultural resources, energy, geology, soils and paleontological resources, GHG emissions, hazards and hazardous materials, hydrology and water quality, mineral resources, noise, population and housing, public services, transportation, RESOLUTION NO. 112-2022
349
utilities and service systems, and wildfire. The No Vineyard Village Reduced Project Alternative would have potentially greater impacts on recreation because this alternative would not meet the City park acreage requirements. This alternative would fulfill six of the nine project objectives.
The No Vineyard Village Reduced Project Alternative overall has less environmental impacts than the other alternatives, but more environmental impacts than the No Project/No Build Alternative. In addition to having reduced impacts to the environmental issues listed above, this alternative would avoid the significant and unavoidable impacts associated with noise (exceed noise standards) and transportation (certain street segments and intersections) identified for the proposed project. This alternative would not fulfill three of the nine project objectives. It would not fulfill Project Objective 4, because this alternative would not provide enough passive and active parks to satisfy the City’s park dedication requirements. This alternative would only partially satisfy Project Objective 1 because it would create a new community with clustered development and a mix of land uses and dedicate large blocks of open space as Habitat Preserve to the City’s Draft MSCP Subarea Plan, but it would not provide enough recreation land uses. This alternative would only partially meet Project Objective 2 because, although it would provide an array of land uses with a variety of housing types, it would provide approximately 1,045 fewer residential units to address the state’s housing crisis. Therefore, of the alternatives analyzed, the No Vineyard Village Reduced Project Alternative would result in the greatest reduction in environmental impacts compared to the proposed project and would be considered the environmentally superior alternative. (EIR, § 6.3.)
SECTION IX: STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to State CEQA Guidelines Section 15093(a), the City Council must balance, as applicable, the economic, legal, social, technological, or other benefits of the proposed project against its unavoidable environmental risks in determining whether to approve the proposed project. If the specific benefits of the proposed project outweigh the unavoidable adverse environmental effects, those environmental effects may be considered acceptable.
Having reduced the adverse significant environmental effects of the proposed project to the extent feasible by adopting the mitigation measures, and having considered the entire administrative record on the proposed project, the City Council has weighed the benefits of the proposed project against its unavoidable adverse impacts after mitigation in regards to air quality, noise, recreation, transportation, and utilities. While recognizing that the unavoidable adverse impacts are significant under the applicable CEQA thresholds, the City Council nonetheless finds that the unavoidable adverse impacts that will result from the proposed project are acceptable and outweighed by specific social, economic and other benefits of the proposed project.
In making this determination, the factors and public benefits specified below were considered. Any one of these reasons is sufficient to justify approval of the proposed RESOLUTION NO. 112-2022
350
project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the City Council would be able to stand by its determination that each individual reason is sufficient. The substantial evidence supporting the various benefits can be found in the preceding findings, which are incorporated by reference into this section, and in the documents found in the record of proceedings.
The City Council therefore finds that for each of the significant impacts that are subject to a finding under CEQA Section 21081(a)(3), that each of the following social, economic, and environmental benefits of the Project, independent of the other benefits, outweigh the potential significant unavoidable adverse impacts and render acceptable each and every one of these unavoidable adverse environmental impacts:
1. Provide Essential Housing: The proposed project would help combat the declared state and City housing supply crisis maximizing housing production and providing between 2,949 and 3,008 homes consistent with the City’s Essential Housing Program, Urgency Ordinance No. 592. In addition, the proposed project would provide 150 workforce housing units and would pay $2.6 million to be used by the City to fund the construction of affordable housing. Meeting the stringent criteria of the City’s Essential Housing Program ensures proposed project meets the City’s immediate housing needs, promotes environmental excellence, and furthers General Plan objectives and policies.
2. Provide a Mixed-Use, Livable Community: The proposed project would create a new community within the City consisting of approximately 2,949 housing units under the preferred land use plan with school, or 3,008 units under the land use plan without school, and up to 80,000 square feet of commercial uses in addition to parks, open space, and agriculture uses.
3. Create a Sense of Identity Within the Community: The proposed project would cluster development, organizing the development into three villages with higharchitectural-quality, mixed-use Village Centers focused on an agrarian and sustainability theme to create a unique identity and sense of community for each village. Each village would be defined by its location, physical characteristics, and mix of housing types and uses.
4. Preserve Wildlife Corridors: The proposed project’s clustered development would preserve natural open space areas, drainages, and key wildlife corridors.
5. Conserve Habitat: The proposed project footprint has been reduced from the previous development hardline footprint identified in the approved 1998 MSCP Plan. The development bubbles included in the Multi-Habitat Planning Area (“MHPA”) that is part of the 1998 MSCP Plan impacted approximately 1,224 acres, including 1,140 acres of habitat. By removing a large development bubble in the southern portion site from the 1998 project design, the proposed project impacts approximately 988.77 acres of on- and off-site sensitive habitats, thereby increasing the size of the current Habitat Preserve by more than 200 acres.
RESOLUTION NO. 112-2022
351
Accordingly, the proposed project would preserve large blocks of significant natural open space areas totaling 1,650.4 acres (approximately 63 percent of the project site) as a habitat preserve dedicated to the City of Santee’s Draft Multiple Species Conservation Program (“MSCP”) Subarea Plan for permanent preservation and management. As a hardline Covered Project under the Draft MSCP Subarea Plan, impacts to covered narrow endemic species require 100 percent conservation within open space (i.e., hardline preserve) and 80 percent conservation through translocation within permanent impact (i.e., take-authorized) areas. The proposed project will include such open space dedications, and at no cost to the City, will identify a funding source, in perpetuity, for the management of the MSCP preserve areas. This habitat preservation would also enable the City to fulfill its commitment to participate in the San Diego MSCP.
6. Develop a Special-Use Area on a Constrained Site: The proposed project would develop a Special-Use area in the southwestern corner of the project site that would include a limited range of uses such as a solar farm, recreational vehicle storage for use by all Santee citizens, and other similar uses. The project would allow for beneficial use of this area, which was previously graded for a park and is not suitable for habitat preservation, cannot be irrigated and is limited to minimal grading because of geological conditions on the site.
7. Provide a Range of Housing Opportunities: The proposed project would provide a complementary and supportive array of land uses that would enable development of a community with a variety of housing types to address the state’s current housing crisis. The range of housing types and lot sizes, include higher density residential in the Village Center, medium density residential, low density residential, and active adult housing to provide homes for a variety of income levels that will enhance homeownership and rental opportunities within the City.
Specifically, the project would provide 866 medium density residential units, 1,203 low density residential units, 445 active adult residential units, as well as 435 residential units in the Village Center.
8. Encourage Alternative Modes of Transportation: The proposed project would allow for shared parking to reduce the need for large parking lots and pavement areas in the Village Center land use designation. Additionally, a bicycle station would be provided with bicycle parking, access to air and water, and a bike share facility. Each Village Center (one in each of the three Villages) would also provide electric vehicle (EV) charging stations and preferred parking per CALGreen requirements. The location of parking for medium density residential and active adult residential land uses would consider proximity to the Village Centers and parks, and seek to promote walkability or alternative modes of transportation by providing a neighborhood electric vehicle network, bicycle facilities and trails to offset single-occupancy vehicle use.
9. Provide Increased Recreational Opportunities: The proposed project would provide a range of recreational opportunities. An approximately 31.2-acre RESOLUTION NO. 112-2022
352
Community Park, 8 Neighborhood Parks, and 31 Mini-Parks would be distributed throughout the development to provide active and passive recreational opportunities for use by all Santee citizens and gathering spaces within walking distance of all residences. Some of the Mini-Park designated areas would also provide trail access and serve as the primary access point to the trail system in the Habitat Preserve and Open Space land use designation areas. These recreational opportunities promote an active and healthy lifestyle, are accessible to residents of the community and surrounding areas, and satisfy the City of Santee’s park dedication requirements.
10.Promote Dedicated Trail Use: The proposed project would provide over 35 miles of an extensive system of pedestrian, bicycle, and hiking trails as a key community amenity that accommodates a variety of users, facilitates the enjoyment of the outdoor environment, and provides connections to local and regional parks and trails. Trail locations throughout the project site would be coordinated to minimize conflicts with sensitive habitat areas by using existing trails and dirt roads and providing signage, well-defined trail markers, fencing, and community education to protect habitat areas and minimize indirect impacts sensitive species.
11.Promote Wellness and Sustainability: The proposed project would incorporate a working farm and related agricultural uses into the community to provide community access to fresh, locally grown foods to promote wellness and a sustainable lifestyle. The Farm in Fanita Commons, located on approximately 27.3 acres, would be the centerpiece of the proposed project. The Farm and the additional 10.9 acres of vineyards and orchards would honor the City’s long tradition of agriculture.
12.Provide a Sustainable Community: The proposed project would incorporate current conservation technologies and strategies to achieve local, state, and federal goals to address global climate change by reducing greenhouse gas emissions, including various modes of transportation and alternatives to singleoccupancy vehicle travel.
13.Promote General Plan Mobility Element Policies: The proposed project would implement major transportation components of the Santee General Plan Mobility Element by extending Fanita Parkway and Cuyamaca Street to the planned development and extending Magnolia Avenue from the existing terminus of Princess Joann Road to Cuyamaca Street.
14.Provide Improved Circulation: Streets on the project site would be established in the Fanita Ranch Development Plan and would be designed as a system of complete streets that supports multiple user types, including motorists, pedestrians, bicyclists, and transit riders. Additionally, a Traffic Calming Plan would be implemented throughout the site to improve the quality of life for residents and lower the vehicle speeds on neighborhood streets without restricting access.
RESOLUTION NO. 112-2022
353
Traffic calming measures would promote pedestrian, bicycle, and vehicle safety by controlling the speed and distribution of vehicles traveling through the project site.
15.Create a Fire-Safe Community: The proposed project would implement a series of fire protection measures that incorporate fuel management zones (“FMZ”), fireresistant landscape design, ignition-resistant building materials, fire alarm and sprinkler systems, and adequate ingress-egress points for emergency personnel and residents. The proposed project’s Fire Protection Plan provides for roadside FMZs throughout the project area and along both sides of access roads up to 50 feet and provides 100 feet of FMZ along existing residential areas as additional protection from wildland fire. In addition, the proposed project would include a fire station fully staffed with trained firefighters that would be able to respond quickly to reported fires. The on-site fire station increases fire safety and reduces fire risk, as well as respond to medical emergencies throughout the proposed project and surrounding neighborhoods.
16.Improve Fire Safety for Project Site and Surrounding Areas: The proposed project would be fire adapted with a strong resident outreach program that raises fire awareness among its residents and a heightened early wildfire detection network for the City and surrounding areas. The proposed project would convert nearly 988 acres of ignitable fuels to lower flammability landscape and hardscape, include better access throughout the site, provide managed and maintained landscapes, and place more fire aware individuals on the ground that would reduce the likelihood of arson, off-road vehicles, shooting, or other non-authorized recreational-based activities that cause fires, some of which is currently occurring on the undeveloped project site. Motorized activities on the trails would be prohibited and enforced. If a hiker or mountain biker were to start a fire, detection and response would be anticipated on a fast timeline due to the residents living in the proposed community who would have the ability to detect fires throughout the property. The quick detection and call to 911 would result in a fast response from the on-site fire station. If a fire is detected and cannot be accessed by a responding fire engine, it would be sized up, and additional aerial and other support would be requested quickly. Thus, the project would enable faster fire size up (determining the needed firefighting resources) and requests for additional resources, including aerial support, compared to current conditions at the project site. Further, fires originating off site would not have continuous fuels across the development footprint and would therefore be expected to burn into the provided Fuel Management Zones with reduced intensity until starved of fuels, well away from the project site’s structures.
17.Improve Emergency Access: The proposed project would include at least two ingress/egress points leading to three main arteries and adequately sized streets that would allow traffic circulation and emergency response access. All interior residential streets would be designed to accommodate a minimum of a 77,000 pound fire truck. Fire department engine access points would be provided at dead end streets on the southerly, easterly, and westerly sides of existing, neighboring RESOLUTION NO. 112-2022
354
developments where they do not currently exist. Both Fanita Parkway and Cuyamaca Street would include bike lanes with buffers that would serve as emergency lanes for first responders. The project would include a Wildland Fire Evacuation Plan which provides an evacuation route map and various family evacuation preparation tools that would result in faster evacuations and a population that understands the potential wildfire threat and actions they may be directed to take. The proposed project would implement a community outreach and education program to ensure that residents and visitors would be fire aware, have regular reminders of fire safety practices, and be encouraged to sign up for Reverse 911 and prepare their own personal action plan following the “Ready, Set, Go!” evacuation model. This would benefit project residents as well as existing residences, which will have better improved emergency preparedness.
18.Promote the Sustainable Santee Plan: The proposed project is consistent with the Sustainable Santee Plan. The entire residential portion of the proposed project (minimum 2,949 residential units) would require the use of high-efficiency equipment and fixtures that exceed 2016 California Green Building Standards Code and 2019 Title 24 standards by 14 percent. Additionally, the proposed project increases the energy efficiency of commercial buildings by an additional 14 percent. The proposed project would include parks, trails, and a Habitat Preserve that would contribute to reducing urban heat island effect and encourage the use of light-colored, semi-reflective, or cool-roof technology for all roofing within the proposed project, including at least 60,000 square feet of commercial rooftops.
The proposed project would implement a master tree planting plan, requiring at least 26,705 trees and at least 237.4 acres of bushes on hedges on site. The proposed project will also provide 100 electric vehicles to project residents.
Further, in accordance with the Sustainable Santee Plan, the proposed project will institute recycling and composting services to divert at least 90 percent of the proposed project's operational waste, consistent with the City’s performance metric. The proposed project would also recycle or reuse at least 70 percent of the construction waste, soil, and debris by 2030 and 80 percent starting in 2030.
19.Encourage Use and Reuse of On-Site Natural Resources. The proposed project contemplates the use and reuse of on-site rock materials, such as large boulders, rock cobble, decomposed granite, and processed rock. There are large quantities of rock cobble existing on site. Rock cobble would be collected and used in the construction of water quality and landscape features. The proposed project involves setting up an aggregate plant on site during construction. The aggregate plant would produce roadway sub-base and other aggregate materials for use on site. In addition to rock materials, there are large deposits of decomposed granite on site, which would be reused for trails and other landscape-related purposes.
Use of on-site materials would responsibly use mineral resources, eliminate the need for importing rough or finished materials, and reduce construction-related vehicle emissions in support of the approved Sustainable Santee Plan.
RESOLUTION NO. 112-2022
355
20.Facilitate School Development: The proposed project reserves a school site for a potential K–8th grade public school or other educational uses on approximately 15 acres in Fanita Commons. If acquired by the Santee School District, the site would accommodate up to 700 students, including existing and new students, assisting the Santee School District in maintaining adequate capacity at its school facilities. Other uses, such as private school, charter school, child care center, nature center, and cultural and farm education facilities, would be permitted with approval of a conditional use permit if the Santee School District does not pursue the site for a public school.
21.Provide Community Amenities: The proposed project would provide a number of community amenities, including but not limited to the 31.2 acre Community Park at the center of Fanita Commons, as well as The Farm. The Community Park would include two multi-purpose lighted ballfields, lighted sport courts, restrooms, tot lots, open play areas, and passive picnic areas. Additionally, it may include an aquatic element, a community gathering plaza, and a dog park. The Farm would allow for a range of community activities including farm-to-table events, community harvests, weddings, and other celebrations and festivals. Farm-based education would be provided as tours, volunteer opportunities, camps, and workshops related to gardening and farmer training, nutrition, cooking, herbal medicines, and home preservation of food. The Village Center and the Village Green would allow the Farm’s activities, such as farmers markets and festivals, to expand into the Village Center. This would provide a service to residents of the Project, the City and surrounding community, as well as generate revenue for the City.
22.Generate Employment. The proposed project would create new constructionrelated and permanent jobs in the project area. In addition to construction jobs, the non-residential components of the proposed project, including commercial uses (retail, service, and office) in the Village Centers, the Farm, and the proposed school, would result in the creation of approximately 450 jobs (411 full-time and 39 part-time positions). Approximately 250 jobs would be associated with the school.
23.Increase tax revenue: As provided in the Santee General Plan Update Market Analysis, development of the project site would be a potential generator of sales tax for the City. Developing the site is critical to the City’s financial future because it would generate (in 2003 dollars) an estimated $39 million in retail sales, with an estimated $30 million staying in the City, and would provide a significant stock of housing, which would benefit the City’s efforts to attract higher-end firms and employers. Overall, the proposed project would generate a surplus of $3.06 million (in 2020 dollars) to the City’s General Fund annually at completion and stabilization.
24.Improve SR-52: Approximately $5 million has already been expended to fund feasibility studies and other efforts related to improvements for State Route 52, in conjunction with the proposed project. The proposed project would expend an additional approximately $5 million to fund these improvements pursuant to an RESOLUTION NO. 112-2022
356
agreement with Caltrans. The improvements to SR-52 are of critical importance to the City's residents, and the future residents of Fanita Ranch. Therefore, the Project applicant will also provide additional support to facilitate the funding and construction of future phases of improvements to State Route 52.
25.Assist in Meeting Regional Housing Needs: The proposed project would assist the City to provide housing to meet is Regional Housing Needs Assessment (RHNA) allocation by providing at least including 435 Moderate and 2,514 AboveModerate units, and up to 3,008 units if developed without a school. The proposed project would satisfy the City’s Moderate and Above-Moderate housing needs for 2021-2029. Providing adequate housing in the City and San Diego County has economic, social, and environmental benefits by reducing commutes to homes out of county, reducing disruptions to family life, reducing air pollutant and greenhouse gas emissions, reducing health problems, and increasing money spent in the local economy.
26.Funding Affordable Housing: The proposed project would pay $2.6 million to be used by the City to fund the construction of affordable housing. The City will use these funds to construct or support affordable housing consistent with the City's Housing Element and state law.
27.Providing Workforce Housing: The proposed project will further assist the City towards achieving the required provision of housing set forth in the RHNA allocation as identified in the General Plan Housing Element by entering into an affordable housing agreement for the provision of 150 low and moderate income Workforce Housing units. Workforce Housing shall be acquired or constructed prior to the issuance of the certificate of occupancy for the 1,000th dwelling unit.
28.Funding Infrastructure Improvement Project: The proposed project would pay to the City the sum of Two Million Six Hundred Thousand Dollars ($2,600,000.00) to be used by the City to fund an off-site infrastructure improvement project identified in the City Capital Improvement Program. The Applicant shall make this payment not later than the date on which the City issues the first grading permit for the Project.
29.Funding MSCP Subarea Plan: The City’s costs incurred in connection with the processing of the environmental documents required for the adoption and implementation of the City’s MSCP Subarea Plan, of which the proposed project is a portion, are being funded by the proposed project.
30. Fiber Optics. The proposed project includes a fiber optics interconnect system that includes a minimum of 3-inch conduit, pull boxes and pull rope. The alignment of the conduit shall follow the utility joint trench or street light conduit routing for the project. The conduit shall be provided to serve the new Fire Station, Community Park and Neighborhood Park # 8. As part of the proposed project, all new traffic RESOLUTION NO. 112-2022
357
signals be connected with this fiber optic interconnect system at the closest existing connection point.
RESOLUTION NO. 112-2022
358
EXHIBIT B
MITIGATION MONITORING AND REPORTING PROGRAM
Introduction
The California Public Resources Code, Section 21081.6, requires that a lead or responsible agency adopt a mitigation monitoring plan when approving or carrying out a project when an Environmental Impact Report (EIR) identifies measures to reduce potential adverse environmental impacts. As lead agency for the project, the City of Santee (City) is responsible for adoption and implementation of the Mitigation Monitoring and Reporting Program (MMRP).
The City has prepared an EIR in conformance with Sections 15080 through 15097of the State Guidelines for the Implementation of the California Environmental Quality Act. The purpose of the EIR is to identify any potentially significant impacts associated with the project and incorporate mitigation measures into the project as necessary to eliminate the potentially significant effects of the project or to reduce the effects to a level of insignificance.
Purpose of the MMRP
The purpose of the MMRP is to ensure that the mitigation measures required by the EIR for the Fanita Ranch Project are properly implemented. The City will monitor the mitigation measures required for the Project. The MMRP Checklist provides a mechanism for monitoring the mitigation measures in compliance with the EIR. General guidelines for the use and implementation of the monitoring program are described below.
Mitigation Monitoring Checklist
The Mitigation Monitoring Checklist is organized by the time of implementation and by categories of environmental impacts. For each impact area, the impacts identified in the EIR are summarized, and the required mitigation measures are listed. The following items are identified for each mitigation measure to ensure the implementation of each measure:
(1) responsibility for implementation and monitoring; (2) date of completion; and (3) initials of monitor. A "Comments" column is provided for the monitor to insert comments concerning the completion of the mitigation measures.
Timing
The mitigation measures will be implemented at various times as construction proceeds.
Some measures are implemented prior to the commencement of construction while others are completed during construction (e.g., during trenching and grading).
Responsibility
For each mitigation measure, the responsible party for implementing the measure is identified. In most cases, the Applicant is the responsible party for implementing the mitigation measure. When the City carries out the project directly, the City becomes the applicant. The entity responsible for monitoring the implementation is also identified. In most cases, the City is responsible for monitoring.
RESOLUTION NO. 112-2022
359
Verification of Completion
The "Completion" columns have been left blank. The mitigation monitor will use these columns to indicate the date of completion, and to initial the completion of the mitigation measure.
Comments
A comments column is included to provide space for the monitor to record notes and observations as needed.
RESOLUTION NO. 113-2022
1 FANITA RANCH VESTING TENTATIVE MAP
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA
APPROVING THE APPLICATION OF HOMEFED FANITA RANCHO LLC FOR FANITA RANCH VESTING TENTATIVE MAP TM2022-1 FOR THE SUBDIVISION OF APPROXIMATELY 2,638 ACRES INTO 1,467 LOTS TO DEVELOP THE FANITA
RANCH MASTER PLANNED COMMUNITY LOCATED NORTH OF THE TERMINUS
OF FANITA PARKWAY IN THE FANITA RANCH PLANNED DEVELOPMENT AREA APNS: 374-030-02; 374-050-02; 374-060-01; 376-010-06; 376-020-03; 376-030-01; 378-020-46, 50, 54; 378-030-08; 378-210-01; 378-210-03, 04; 378-210-10, 11; 378- 220-01; 378-381-49; 378-382-58; 378-391-59; 378-392-61, 62; 380-040-43, 44
(RELATED TO PROJECT NUMBERS: P2022-1, P2022-2, P2022-3, DR2022-4, AEIS 2022-4, AEIS2017-11)
APPLICANT: HOMEFED FANITA RANCHO LLC
WHEREAS, on August 25, 2021, the City of Santee adopted Urgency Ordinance No. 592, declaring the need for an Essential Housing Program to boost housing production and improve housing affordability in the City to address and respond to the existing housing crisis in the City of Santee; and
WHEREAS, on November 29, 2021, the Applicant, HomeFed Fanita Rancho LLC, submitted an Essential Housing Project Application under Urgency Ordinance No. 592 for the Fanita Ranch Essential Housing Project (the “Project”); and WHEREAS, on December 27, 2021, the Director of Development Services certified the Project as an Essential Housing Project as it met the specified criteria in Urgency Ordinance No. 592; and
WHEREAS, on May 4, 2022, pursuant to Urgency Ordinance No. 592, HomeFed Fanita Rancho LLC submitted the application materials for the Project consisting of the Fanita Ranch Vesting Tentative Map TM2022-1, a Development Review Permit DR2022- 4, a Preliminary Application under the Housing Crisis Act of 2019 (Senate Bill 330), and Conditional Use Permits P2022-1, P2022-2 and P2022-3, to subdivide approximately 2,638 acres of property legally described in Exhibit A attached hereto; and WHEREAS, through phased final maps, the Vesting Tentative Map will subdivide approximately 2,638 acres into 1,467 lots, consisting of 1,203 single-family residential lots, 84 multiple-family residential lots, 19 Village Center lots, one school lot, one community park lot, one fire station lot, eight neighborhood parks, 31 mini-park lots, nine RESOLUTION NO. 113-2022
2 agriculture lots, one Special Use Area lot, two water tank lots, three pump station lots and miscellaneous open space and water basin lots totaling 105 lots; and WHEREAS, previously, on September 23, 2020, the City Council certified the Final Revised Environmental Impact Report (“EIR”) (State Clearinghouse No. 2005061118) for a prior version of the Fanita Ranch Project (the “Prior Project”) and adopted several resolutions approving the Prior Project, including Resolution No. 095-2020 approving the application of HomeFed Fanita Rancho LLC for a Vesting Tentative Map (TM2017-3) for the subdivision of approximately 2,638 acres into 1,467 lots to develop the Fanita Ranch Master Planned Community; and
WHEREAS, subsequently, the San Diego County Superior Court (Case No. 37- 2020-00038168-CU-WM-CTL) granted a Petition for Writ of Mandate on March 25, 2022, ordering the City of Santee to set aside and vacate all resolutions and approvals pertaining to the Prior Project; and
WHEREAS, on May 25, 2022, the City Council adopted Resolution No. 070-2022, setting aside and vacating in their entirety the Prior Project approvals, including certification of the EIR; and
WHEREAS, in order to address the deficient portions of the EIR identified by the Court in Case No. 37-2020-00038168-CU-WM-CTL, the City prepared a Final Revised EIR, including the Recirculated Sections of the Final Revised EIR, which was released for public review from June 10, 2022 to July 25, 2022 in accordance with the provisions of the California Environmental Quality Act (“CEQA”); and WHEREAS, on September 2, 2022 the City of Santee published a notice of public hearing on Vesting Tentative Map TM2022-1 and related case files, to be held on September 14, 2022, in accordance with Section 13.04.100 of the Santee Municipal Code; and
WHEREAS, on September 14, 2022, the City Council held a duly advertised and noticed public hearing on Vesting Tentative Map TM2022-1 and other applications related to the Fanita Ranch Essential Housing Project; and
WHEREAS, the City Council considered the staff report, all recommendations by staff, the Final Revised EIR including the Recirculated Sections of the Final Revised EIR, the entire record and all public testimony.
NOW, THEREFORE, BE IT RESOLVED by the City of Santee City Council, after considering the evidence presented at the public hearing, as follows:
SECTION 1: The City Council has certified the Final Revised Environmental Impact Report (EIR) including the Recirculated Sections of the Final Revised EIR (Resolution No. 112-2022) pursuant to the California Environmental Quality Act and adopted Findings of Fact, a Statement of Overriding Considerations and a Mitigation RESOLUTION NO. 113-2022
3 Monitoring and Reporting Program for the Fanita Ranch Essential Housing Project.
The City Council hereby incorporates by reference, as if fully set forth herein, the Resolution certifying the Final Revised EIR and adopting the Findings of Fact, and Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the Fanita Ranch Essential Housing Project.
SECTION 2: The subdivision of land shall be in accordance with City of Santee Municipal Code Title 12.10 regarding vesting tentative maps and all processes and conditions therein are incorporated herein by reference.
SECTION 3: The findings in accordance with the State Subdivision Map Act are made as follows:
A. That the map is consistent with the City’s General Plan.
The Vesting Tentative Map as conditioned is consistent with the Santee General Plan because:
1. It is consistent with the Land Use Element, Land Use Implementation Section 8.2 entitled “Areas for Special Study”, and the PD - Planned Development Land Use designation;
2. The proposed project is consistent with the goals, objectives and policies of the General Plan including those in the Land Use, Housing, Mobility, Trails, Conservation, Safety, and Community Enhancement Elements, and has been certified as consistent with the General Plan as an Essential Housing Project under Urgency Ordinance No. 592; and
3. The subdivision proposes a comprehensively planned, sustainable residential community consistent with the Fanita Ranch Development Plan Resolution No. 114-2022, the findings of which are incorporated by reference, as if fully set forth herein.
The Vesting Tentative Map as conditioned is consistent with the Fanita Ranch Development Plan because:
4. The subdivision proposes a comprehensively planned, sustainable residential community with unique design characteristics and amenities providing existing and future Santee residents with a variety of housing types in three Villages.
B. That the site is identified as a Residential Inventory site in the current Housing Element of the City’s General Plan and the density of the proposed development is consistent with the projections of the Residential Inventory.
RESOLUTION NO. 113-2022
4 The Fanita Ranch site is identified in the Sixth Cycle Housing Element, 2021-2029 (Table 34) as a site for moderate and above-moderate housing. The Project will result in the City meeting its housing target for moderate and above-moderate income housing (Sixth Cycle Housing Element) as required by the State Department of Housing and Community Development.
C. That the design or improvement of the proposed subdivision is consistent with the City’s General Plan.
The subdivision is consistent with the Santee General Plan as well as City Ordinances because all necessary services and facilities will be available to serve the site. The subdivision requires the construction of public improvements which, as conditioned, will meet all applicable local, state and federal laws designed to protect the public health, safety and welfare.
The public streets will be constructed to provide safe access for the project including the extension and connection of Fanita Parkway, Cuyamaca Street and Magnolia Avenue. Traffic Impact, Traffic Signal, and Public Facilities fees will be paid; the project includes comprehensive water, sewer and storm water drainage systems; the project includes construction of a Fire Station; and the project includes construction of City parks conforming to the Development Plan.
D. That the site is physically suitable for the proposed type of development.
The site is physically suitable for the type of development because:
1. The range of land uses shown on the subdivision map are consistent with the Fanita Ranch Development Plan;
2. The site is not located on any known “active,” “potentially active” or “inactive” fault traces as defined by the California Geologic Survey;
3. There are no soil or geologic conditions that would preclude development of the villages;
4. The development of the Special Use Area will be restricted due to prior geotechnical mitigation performed in that area to reduce landslides; and
5. The Project will be graded in accordance with the geotechnical recommendations stated in the Geotechnical Investigation(s) for Fanita Ranch and off-site improvements, prepared by Geocon, dated April 17, 2020.
6. The subdivision map is conditioned to require the Applicant to adhere to all state and federal requirements related to grading and construction of the site.
7. The subdivision map has identified on sheet 4 all public interest slopes greater than 40 feet in height. The City of Santee Municipal Code, Sections
11.40.320 and 11.40.330, allows for approval by the City Council of cut and RESOLUTION NO. 113-2022
5 fill slopes greater than 40 feet, after consideration of the lack of feasible alternative grading designs that result in slopes of 40 feet or less, and the furtherance of the General Plan goals and objectives by the proposed development. After considering the Geotechnical Investigation(s) for Fanita Ranch and off-site improvements, prepared by Geocon, dated April 17, 2020, the City Council finds that the lack of feasible alternative grading designs result in slopes greater than 40 feet in height that minimize the grading footprint while preserving open space resources.
E. That the site is physically suitable for the proposed density of development.
The site is physically suitable for the density of development because:
1. The range of land uses shown on the subdivision map are consistent with the Fanita Ranch Development Plan; and
2. The site contains sufficient acreage and is of a size to accommodate the proposed density and number of dwelling units.
F. That neither the design of the subdivision nor the proposed improvements are likely to cause substantial environmental damage, or substantially and avoidably injure fish or wildlife or their habitat.
Neither the design of the subdivision nor improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the Applicant is required to mitigate the loss of wildlife and habitat in accordance with the Final Revised EIR, including the Recirculated Sections.
G. That neither the design of the subdivision nor type of improvements are likely to cause serious public health problems.
Neither the design of the subdivision nor the type of improvements will cause serious public health problems because:
1. The Project will be connected to a public sewer system; and
2. The discharge of sewage waste from the subdivision into the Padre Dam Municipal Water District (“PDMWD”) sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board specified by Government Code Section 66474.6.
H. That neither the design of the subdivision nor the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision or that alternative easements for access RESOLUTION NO. 113-2022
6 or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public.
As conditioned, neither the design of the subdivision nor the type of improvements will conflict with known easements on the subject property such as the existing SDG&E easement that traverses the property.
I. That the design of a subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
The design of the subdivision has provided, to the extent feasible, for future passive or natural heating or cooling opportunities as defined under Section 66473.1 of the State Subdivision Map Act and incorporates photovoltaic systems on rooftops and other structures throughout the development.
J. That the subdivision would have a sufficient water supply, as defined in Section 66473.7 of the State Subdivision Map Act.
The subdivision proposes a residential development of more than 500 dwelling units, and would have a sufficient water supply as determined by the Fanita Ranch Water Supply Assessment study prepared by Michael Baker International, dated February 4, 2020.
K. In accordance with Subdivision Map Act section 66474.01, notwithstanding a finding that the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, the City may approve the map because an EIR was prepared and certified including the adoption of Findings and Overriding Considerations and consideration of project alternatives.
The effects of the subdivision on the housing need for the San Diego region have been considered and balanced against the public service needs of the City of Santee residents and available fiscal and environmental resources. Housing is provided, resulting in the addition of 2,949 units, or 3,008 units if the school is not constructed, in compliance with the Goals, Policies and Objectives of the Santee General Plan Housing Element.
SECTION 4: There is substantial evidence in the record that the design and location of each lot in the subdivision, and the subdivision as a whole, are consistent with any applicable regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4290 and 4291 of the Public Resources Code (Government Code section 66474.02).
RESOLUTION NO. 113-2022
7 A. The design and location of each lot in the subdivision, and the subdivision as a whole, is consistent with any applicable regulations adopted by the State Board of Forestry and Fire Protection pursuant to Public Resources Code Sections 4290 and 4291.
The Project prepared an updated Fire Protection Plan (FPP) to assess fire risk and to identify appropriate fire prevention and protection measures, including application of the ignition resistant construction methods and materials in Chapter 7A of the California Building Code. Additionally, customized defensible space that exceeds applicable code requirements would be incorporated into the Project.
Consistent with the Fire Protection Plan, and as approved by the Santee Fire Department, the Project will include fuel modification zones within the project boundaries that exceed the minimum width of 100 feet from structures, as well as roadside fuel modification zones. Plantings in the Project area closest to structures and the interior of the development footprint will use drought-tolerant, fire resistive plant material. The final planting plan, irrigation system and spacing will be approved by Santee Fire Department. The fuel modification zones closest to structures will be irrigated by an automatic irrigation system. The Project's Master Homeowner’s Association will hire a qualified landscape plan checker to review and approve landscape plans consistent with the FPP requirements. The Homeowner's Association will obtain a fuel modification zone inspection and report from a qualified, Santee Fire Department-approved third-party inspector and landscape plan reviewer twice a year that certifies compliance with the FPP.
A condition of approval of this Vesting Tentative Map is clear delineation and identification of brush management and fuel modification zones on all plan sets.
The Final Map will convey to the Homeowner's Association easements for landscape and fuel modification, and fuel modification and non-building easements must be depicted on additional map sheets included with the Final Map.
A Fuel Modification Plan that identifies brush management zones in accordance with the Fire Protection Plan must be incorporated into the Project's Final Fanita Ranch Master Landscape and Water Management Plan. The FPP shall be incorporated by reference in the Homeowner's Association Covenants, Conditions, and Restrictions.
B. Structural fire protection and suppression services will be available for the subdivision.
Structural fire protection and suppression services will be available for the subdivision, in compliance with Government Code Section 66474.02. Structural and wildland fire protection and suppression services will be provided by the Santee Fire Department. The Project will include a new Santee Fire Department fire station capable of serving all project areas of the subdivision within the City of Santee's Quality of Life Standard threshold. The new station would be staffed 27/4 with career firefighters.
RESOLUTION NO. 113-2022
8 The Project’s water system will be installed in accordance with the Santee Fire Department, PDMWD, and Water Agency Standards and requirements. All water storage, pumps, hydrant locations, mains and water pressure requirements will be consistent with the City's Fire Code fire flow requirement. Fire hydrants will be subject to Santee Fire Department approval. All new structures will be provided with interior fire sprinklers.
C. To the extent practicable, ingress and egress for the subdivision meets the regulations regarding road standards for fire equipment access adopted pursuant to Section 4290 of the Public Resources Code and applicable local ordinance.
Ingress and egress for the project meets the regulations regarding road standards for fire equipment access adopted pursuant to Public Resources Code Section 4290 and any applicable local ordinances. Site access will comply with the requirements of the most recently adopted California Fire Code and City Ordinance No. 570. At least two points of primary access for emergency response and evacuation would be provided into the Fanita Ranch community. All interior residential streets would be designed to accommodate a minimum of a 77,000- pound fire truck. The Santee Fire Department would participate in approval of street names. Fire lanes will be painted red and feature posted signs identifying the fire lane and prohibiting parking. Identification of roads and structures would comply with the most recently adopted California Fire Code and City Ordinance No. 570.
Additional project protective measures are outlined in the updated FPP.
SECTION 5: Vesting Tentative Map TM2022-1, to subdivide approximately 2,638 acres into 1,467 lots, consisting of 1,203 single-family residential lots, 84 multiple-family residential lots,19 Village Center lots, one school lot, one community park lot, eight neighborhood parks, 31 mini-park lots, nine agriculture lots, one fire station lot, one Special Use Area lot, two water tank lots, three pump station lots and miscellaneous open space and water basin lots totaling 105 lots, in the Planned Development District is hereby approved, subject to the following conditions:
A. Fanita Ranch Revised Environmental Impact Report including the Recirculated Sections of the Final Revised EIR (SCH No. 2005061118) shall be certified, and Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program shall be adopted.
B. Development Review Permit DR2022-4 shall be approved.
C. Conditional Use Permits P2022-1, P2022-2 and P2022-3 shall be approved.
D. All approved plans and construction shall be consistent with the Fanita Ranch Development Plan. All conditions of the Resolutions of Approval for the Fanita Ranch DR2022-4, Conditional Use Permits P2022-1, P2022-2 and P2022-3 shall apply.
E. The Applicant shall implement, to the satisfaction of the Director of Development Services, all environmental impact mitigation measures identified in the Fanita RESOLUTION NO. 113-2022
9 Ranch Revised Environmental Impact Report including the Revised Sections of the Final EIR (SCH No. 2005061118), the CEQA Findings of Fact and Mitigation Monitoring and Reporting Program (MMRP) within in the timeframe specified in the MMRP.
F. Within 30 days of project approval and prior to submittal of any plans, the Applicant shall schedule a meeting with the City Planner to discuss the project conditions of approval, timing of design and construction and implementation of the project conditions. The Applicant should include their project design team including project architect, their design engineer and their landscape architect.
Prior to approval of each final map, unless other timing is indicated, the Applicant shall complete the following or have plans submitted and approved, agreements executed, and securities posted:
1. The Applicant shall include provisions in their design contract with their design consultants that following acceptance by the City, all construction drawings or technical reports accepted by the City, exclusive of architectural building plans, shall become the property of the City. Once accepted, these plans may be freely used, copied or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal.
2. In order to coordinate with the City Geographic Information System, the Applicant shall obtain horizontal and vertical control for all construction drawings, grading plans, landscape plans, street improvement plans, plot plans, etc., from ROS 11252. All plans, exclusive of the final map and building plans, shall be prepared at an engineering scale of 1” = 40’ unless otherwise approved by the project engineer.
3. The Applicant shall provide the City with plans in digital .DXF file format in addition to hard copies of the plans at the time of approval or as requested by the Director of Development Services. The digital file shall be based on accurate coordinate geometry calculations.
4. For each final map, the Applicant shall include all of the following information in separate layers in a digital file:
a. Lot boundaries.
b. Lot numbers.
c. Subdivision boundary.
d. Right-of-way.
e. Street centerlines, and
f. Approved street names.
5. The Applicant shall obtain the basis of bearings for the Final Map from ROS 11252 and install street survey monumentation (SDRSD M-10) in accordance with San RESOLUTION NO. 113-2022
10 Diego Regional Standards and County mapping standards. All other monumentation shall be in accordance with the Santee Municipal Code and shall be to the satisfaction of the Director of Development Services.
6. Final Maps - "A" Maps and "B" Maps. Applicant may process, subject to the City's authority to impose reasonable conditions pursuant to Government Code section 66456.1, a master subdivision or parcel map ("A" Map) for all or portions of the Fanita project showing "Super Block" lots. "Super Block" lots shall not subdivide land into individual single-family lots and do not confer any development rights in addition to any development rights authorized by the Vesting Tentative Map. All "Super Blocks" created shall be designed in a manner acceptable to the City and to allow future access to dedicated or irrevocably offered public streets and other backbone infrastructure necessary to serve the eventual development of the subject property. Following the approval by the City of an "A" Map and its recordation, Applicant may convey to third-parties one or more "Super Block" lots created by the "A" Map, subject to the conditions set forth below and any conditions placed upon the recordation of the "A" Map. As a condition of any development, the buyer of a "Super Block" lot shall be required to process any remaining final improvement plans and grading plans and a final map (''B" Map) for each "Super Block" lot which will contain single family lots or public improvements, in compliance with the applicable conditions of the Vesting Tentative Map and other conditions of approval for the Project, the City's Municipal Code and the City's standard policies.
7. Design Consistency Requirements. Prior to preparation of any Final Map (“A” or “B” Map), the Applicant and any buyer of any “Super Block” lot created on an “A” Map shall meet and confer with City staff for the purpose of ensuring consistency between “A” and “B” Maps. The Applicant shall demonstrate that each portion of the Project included in the “A” Map has been designed consistent with the City’s General Plan, the Fanita Ranch Development Plan, and Vesting Tentative Map.
8. The Applicant shall submit each Final Map to the Department of Development Services Engineering Division. The first and last submittal of the map shall be made by appointment only with the City project engineer administering the map review.
Submittal requirements are listed below. Incomplete submittals will not be accepted for plan check.
Please include the following with the first submittal:
a. Two sets of prints bound and stapled.
b. Two copies of a current preliminary title report (dated within six months of submittal date).
c. Two copies of all documents listed in the preliminary title report. d. Two copies of all reference maps used to prepare the final map. e. Two copies of closure calculations for the map.
RESOLUTION NO. 113-2022
11 f. One copy of the Resolution(s) approving the project. g. Map check fees in accordance with the City Fee Schedule.
Please include the following with the last submittal (signature submittal):
a. Previous submittal check prints.
b. Two sets of prints bound and stapled.
c. Two copies of the map in Autocad format on separate disk, CD or DVD for incorporation into the City GIS data base.
d. Mylars of the map with all required signatures and notaries obtained including PDMWD if they are to sign the map.
e. Copies of certified return receipts for all signature omission letters. f. Subdivision Map Guarantee.
9. Prior to approval of a final map(s) for each unit or phase, Applicant shall provide all street names for approval by the City Planner and Fire Marshal.
10. The Applicant shall make the following conveyances off map as required:
a. Grant to the Master Homeowners Association (MHOA) easements for landscape and roadside fuel modification maintenance areas along Fanita Parkway, Cuyamaca Street and Magnolia Avenue intended for maintenance by the MHOA as shown in the Fire Protection Plan.
b. Existing easements, vacations, dedications, abandonments or irrevocable offers along the terminating street sections shall be processed on a case by case basis to address the final configuration of the public and private improvements.
11. Where private roads and driveways are proposed the Applicant shall execute and record a private road maintenance agreement to the satisfaction of the City Attorney.
The Applicant shall place a deposit with the Department of Development Services in an amount satisfactory to the Director of Development Services to cover the cost of the review. The agreement shall include provisions addressing the following:
a. A grant of perpetual, nonexclusive reciprocal easement appurtenant from and to each of the parcels in the subdivision, under and through the private road easement area for the benefit of the owner(s) of each parcel, their families, guests, tenants and invitees, for the purpose of vehicular and pedestrian access, the installation and maintenance of utilities serving the parcels, and the installation and maintenance of improvements including pavement, drainage improvements, street lighting, utility meters, and similar street improvements. b. A legal description of the private road easement area to be maintained. c. A list of addresses or parcel numbers of properties in the subdivision against which the maintenance agreement will be recorded.
RESOLUTION NO. 113-2022
12 d. A statement that the maintenance agreement constitutes a covenant running with each parcel in the subdivision and is effective for so long as the easement exists. e. A statement of the portion or percentage of maintenance costs to be borne by the owner(s) of each parcel.
f. A mechanism for the determination of the total amount of maintenance costs payable pursuant to the agreement (e.g., a voting system or association system) and payment of each party’s costs.
g. A statement of costs to be borne separately by each property owner (e.g., landscaping costs for the portion of the private road easement lying within their own property; cost of installation, maintenance or extension of utilities benefiting their own property).
h. Maintenance standards for the road itself as well as for street lights, drainage improvements, trees/landscaping and other improvements to be installed. i. A statement that the parties will share liability (in the same portion as payment of costs) for injuries to third parties arising out of maintenance or repair work undertaken pursuant to the agreement.
j. A statement that each party shall indemnify and hold every other party harmless from liability for personal injury or damage to property including the easement area which results from the actions of that party in connection with any use, maintenance, or repair work within the easement area.
k. An enforcement mechanism for payment of maintenance costs, such as authority to record a lien against any of the properties subject to the maintenance agreement.
12. The Applicant shall acquire and dedicate right-of-way and public easements for the off-site areas as shown on the Vesting Tentative Map. These areas include Cuyamaca Street, Magnolia Avenue as necessary for drainage facilities, and Fanita Parkway. If the Applicant is unable to acquire and dedicate right-of-way and public easements for off-site areas, then the City has established procedures necessary to ensure due process and orderly acquisition of off-site public right-of-way and City easements by private developers. Legislative Policy Memorandum, LPM-91-1 has established the requirements and procedures. The Applicant shall provide plats and legal descriptions relating to each acquisition and place a cash deposit with the City to cover the review of the plats and legal description and for the cost of appraisal of the property being acquired. The City will obtain an appraisal for each easement of right-of-way acquisition. All costs relating to the acquisition including but not limited to legal fees and expert testimony necessary for condemnation, if a Resolution of Necessity is adopted by City Council, in its sole and absolute discretion, shall be RESOLUTION NO. 113-2022
13 borne by the Applicant. Nothing in this condition requires the City Council to adopt a Resolution of Necessity or constitutes a pre-commitment by the City to exercise its power of Eminent Domain.
13. Prior to approval of improvement plans for the relocation of the Santee Lakes Recreation Preserve recreation vehicle entrance on Fanita Parkway, the Applicant shall provide the City with written approval from PDMWD and shall obtain all required permits and easements associated with such relocation. Further, the Applicant shall construct the improvements to align with the Ganley Road intersection. The improvements shall be completed concurrently with the improvements to Fanita Parkway. The existing entrance shall be closed for vehicle use. All improvements shall be completed to the satisfaction of the Director of Development Services.
14. The Applicant shall comply with the City of Santee Legislative Policy Memorandum LPM-93-1, which establishes procedures and requirements for the construction of reimbursable improvements by private development, if the Applicant requests cost reimbursement for the right-of-way or cost of public improvements.
15. The Applicant shall concurrently submit all plan sets including, each Final Map, to the City and PDMWD for review and approval. The City does not coordinate the review process with PDMWD, this is the responsibility of the design engineer and the landscape architect. Inability to properly coordinate PDMWD review may result in delay of issuance of permits required for construction. It is incumbent upon the Applicant to oversee the plan submittals of their design consultants.
16. The Applicant shall submit Street Improvement Plans for all on-site street improvements to the Department of Development Services Engineering Division for review and plans shall be completed and accepted prior to issuance of a building permit for any given phase. Improvements will be phased to coincide with the specific development for any given phase. Phase specific conditions shall be specified at the time of approval for a given development phase.
Prior to the start of construction of any public or private improvements within the limits of the public right-of-way, the Applicant shall have plans accepted, agreements executed per Chapter 12.16 of Santee Municipal Code, securities posted, and an Encroachment Permit issued. All improvements shall be installed in accordance with City standards, unless otherwise provided in the Fanita Ranch Development Plan and as provided in waivers approved on the Vesting Tentative Map, and at the Applicant's cost unless otherwise indicated. The following improvements are conditioned as part of this development:
a. Street improvements, both public and private, shall be designed in accordance with the City of Santee Public Works Standards Manual, unless otherwise provided in the Fanita Ranch Development Plan and as provided in waivers approved on the Vesting Tentative Map. Modifications to these design standards may be made where, in the sole discretion of the Director of RESOLUTION NO. 113-2022
14 Development Services, those modifications are necessary to enhance overall quality ormaintain the intended design objectives of the project. b. Street improvement plans shall show the location of all utilities needed to serve the project including the location and placement of surface utility structures in accordance with the City of Santee Design Guidelines and Surface Utility Maintenance Manual. Street light spacing and wattage shall be in accordance with the City of Santee Public Works Standards unless otherwise specified in the Development Plan and Preserve Management Plan and authorized in writing by the Director of Development Services. c. All hydromodification plan basins intended for detention only shall include a concrete liner on the bottom and sides a minimum of 1 foot above the proposed ponding limit elevation. Access and parking for maintenance vehicles shall be provided to the satisfaction of the Director of Development Services. d. Remove, relocate, or otherwise modify the existing SDG&E facilities at the existing terminus of Magnolia Avenue to remove any conflict with the proposed road extension. Clearance shall be to the satisfaction of the Director of Development Services.
e. The Applicant shall provide grading and improvements necessary to convey the rear yard drainage of the existing homes located on lots 1-8 of the Dakota Ranch Subdivision, Map No. 14637. The Applicant is responsible for obtaining the permission to enter the off-site properties as necessary to perform necessary grading and install said improvements. If the Applicant is unable to obtain a Letter of Permission to Grade and/or dedicate storm drain easements for off-site areas, then the City has established procedures in Legislative Policy Memorandum LPM91-1 to ensure due process and orderly acquisition of City easements and to obtain a Letter of Permission to Grade.
f. Alternate methods to convey the public drainage from the Cuyamaca Street extension between Chaparral Drive and Princess Joann Road will be required if the Applicant is not able to provide a public drainage system with appropriate public drainage easements within the areas where the existing private brow ditches are proposed to convey the public drainage as proposed by the Fanita project preliminary drainage study. If the Applicant is unable to obtain a Letter of Permission to Grade and/or dedicate drainage easements for off-site areas, then the City has established procedures in Legislative Policy Memorandum LPM-91- 1 to ensure due process and orderly acquisition of City easements and to obtain a Letter of Permission to Grade.
g. The outlet of basins, structures, pipes and or other drainage facilities conveying public drainage shall not be allowed to convey via existing private drainage brow ditches unless flowage easements granted to the City of Santee and drainage RESOLUTION NO. 113-2022
15 easements for the maintenance by the HOA are provided to the satisfaction of the Director of Development Services.
h. Construct Summit Avenue curb returns and pedestrian ramps to residential collector standards (40’ curb to curb/60’ right-of-way). Construct pavement transitions in accordance with VTM Sheet #24.
i. The Applicant shall improve existing deficient drainage conditions along the site perimeter. The existing private perimeter drainage facilities shall be improved and/or re-located as necessary. Maintenance of all perimeter private drainage facilities shall be the responsibility of the HOA.
j. All existing public easements, drainage facilities, and relinquished access rights established on adjacent maps that will be realigned to reflect the proposed project improvements, and shall be vacated, quit-claimed, or accepted on the final map or appropriate off-map documentation.
k. The Applicant shall provide improvements to the existing abutting drainage facilities which convey the project site runoff as follows: installation of an appropriately sized D-25 or Type “F” inlet on Ganley Road to address the existing drainage runoff that crosses over the public sidewalk; and, the installation of appropriately sized curb outlets to the standards of SDRSD D-25, on Swanton Drive, Hornbuckle Drive, Mendeck Avenue, Gandy Avenue, Roecrest Drive, and Via Conrad.
l. Approved public trail access locations shall be improved to include curbs, sidewalks, and pedestrian ramps. The final locations and improvements will be based on final engineering plans, and the adopted Public Access Plan. m. The Applicant shall extend Carlton Hills Boulevard north into the Project Site designed to either private or public standards, to the satisfaction of the City Engineer and Fire Department. Provide pedestrian improvements to transition to the proposed private street improvements. The existing brow ditches shall be directed to an appropriate public drainage facility.
n. Halberns Boulevard shall be improved to provide drainage, pedestrian, and driveway access improvements including providing additional right-of-way and drainage easements to support the public improvements.
o. Cecilwood Drive shall be improved to provide drainage, pedestrian, and driveway access improvements including providing additional right-of-way and drainage easements to support the public improvements.
p. Complete the construction of the cul-de-sacs with public improvements on Strathmore Drive, Birchcrest Blvd East, and Lasso Way. Remove and replace the existing asphalt pavement that was placed as temporary condition, or RESOLUTION NO. 113-2022
16 provide an analysis to determine the existing pavement structural sections, including underlying subgrade. If the sections are determined to be inadequate, provide improvements to the pavement structural section to meet the City’s Public Works Standards.
q. Provide improvements at all existing abutting streets and dead-end streets installing drainage improvements to control and prevent erosion runoff onto the existing public right-of-way. Improvements may include retaining walls, curbs, gutter, drainage improvements, fencing, gates and access pathways/driveways.
Improvements are anticipated at Strathmore Drive, Ganley Road, Lakeland Drive, Crossland Court, Knabe Lane, Cathywood Drive, Mendeck Avenue, Gandy Avenue, Snelson Way and Cambury Drive.
r. Provide adequate delineation to establish the limits of the maintenance obligations of the existing drainage facilities that transition between private property and the existing public right-of-way. This includes portions of the existing drainage system found at Birchcrest Blvd East, and Swanton Drive. Proposed facilities on Swanton Drive, Mendeck Avenue, Gandy Avenue, Roecrest Drive, and Via Conrad shall be entirely onsite (out of the public right-of-way); alternatively, install structures at the site boundaries or obtain encroachment permits for the private system components located within the public right-of-way. s. The intersections of Streets “N”, “P” and “U” shall be designed per the details provided on the approved VTM and to the satisfaction of the Director of Development Services.
17. Street improvement plans shall show curb, gutter, sidewalks, street lighting, fire hydrants and pedestrian ramps at curbs and be designed to the following street standards pursuant to the Fanita Ranch Development Plan and Vesting Tentative Map.
a. Fanita Parkway (4-Lane Parkway/Major Arterial) - Mast Boulevard to Lake Canyon Road (68’, 76’ curb to curb / 89’, 97’ right-of-way) b. Fanita Parkway (3-Lane Parkway – Lake Canyon Road to Ganley Road (57’, 65’ curb to curt / 89’, 97’ right-of-way)
c. Cuyamaca Street Offsite (Major Arterial) - Mast Boulevard to Chaparral Drive (82’ curb to curb / 102’ right-of-way)
d. Cuyamaca Street On & Offsite (2-Lane Parkway Type I) - Chaparral Drive to Street ‘A’/’W’ (52’, 56, curb to curb / 70’, 74’ right-of-way) e. Fanita Parkway (2-Lane Parkway Type II) - Ganley Road to Street ‘E’ (48’, 56’ curb to curb / 69’, 77’ right-of-way)
f. Fanita Parkway (2-Lane Parkway Type III) - Street ‘E’ to Street ‘N’ (57’ curb to curb / 83’ right-of-way)
g. Residential Collector (Type I) - Street “A” - Fanita Parkway to Cuyamaca Street (53’ curb to curb / 59’, 69’ right-of-way)
h. Residential Collector (Type II) - Portions of Streets ‘V’ and ‘W’ (48’ curb to curb / RESOLUTION NO. 113-2022
17 62’ right-of-way)
i. Residential Collector (Type III) - Portions of Fanita Parkway, Streets ‘V’ and ‘W’, (56’ curb to curb / 78’, 83’ right-of-way)
j. Collector (Type IV) Magnolia Avenue Offsite - Existing Terminus to Cuyamaca Street (52’ curb to curb / 67’ right-of-way)
k. Residential Collector (Type V) Cuyamaca Street - Street ‘A’/’W’ to Street ‘T’ (52’ curb to curb / 75’ right-of-way)
l. Village Collector - Cuyamaca Street - Street ‘‘T’ to Fanita Parkway (64’ curb to curb / 88’ right-of-way)
m. Residential Collector (Type VII) - Portions of Streets ‘X’, ‘V’, ‘W’ and ‘WW’, (40’ curb to curb / 62’, 63’ right-of-way)
n. Village Street (Type I) - Street ‘T’ (60’ curb to curb / 80’ right-of-way) o. Village Street (Type II) - Portions of Street ‘P’ (50’ curb to curb / 70’ right-of-way) p. Village Street (Type III) - Portions of Street ‘J’, Streets ‘M’, ‘N’, ‘O’, ‘P’, ‘Q’, ‘R’, ‘S’ and ‘U’ (36’ curb to curb / 56’ right-of-way)
q. Residential Street - Portions of Streets ‘E’, ‘J’, ‘M’ and ‘N’, Streets ‘B’, ‘C’, ‘D’, ‘F’, ‘G’, ‘H’, ‘I’, ‘K’, ‘L’, ‘BB’, ‘DD’, ‘EE’, ‘HH’, ‘II’, ‘JJ’, ‘MM’, ‘NN’, ‘OO’, ‘PP’, ‘QQ’, ‘RR’, ‘SS’, ‘UU’, ‘WW’, ‘XX’, ‘YY’, ‘ZZ’, ‘AAA’, ‘BBB’, ‘DDD’ and ‘EEE’ (36’ curb to curb / 57’, 58’ and 62’ right-of-way)
r. Split Residential Street (One-Way) - Streets ‘CC’, ‘KK’, ‘LL’, ‘UU’, ‘VV’, ‘FFF, ‘GGG’, ‘HHH’, ‘III’, and ‘JJJ’ (42’ curb to curb / Varies right-of-way) s. Carlton Hills Boulevard (Private), (32’ curb to curb / Existing 70’ road easement) t. Private Residential Street - Streets ‘CC’ and ‘FF’ (Varies curb to curb / Varies right-of-way)
u. Private Residential Driveway - Alleys ‘A’ and ‘B’ (20’ curb to curb)
18. Prior to issuance of any Grading or Encroachment Permit based on plans proposing the creation of down slopes adjacent to public or private streets, the Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing guard rail improvements at these locations. The Applicant shall construct and secure any required guard rail improvements in conjunction with the associated Encroachment Permit as determined by and to the satisfaction of the City Engineer.
The guard rail shall be installed per Caltrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer.
19. Prior to the placement of combustible materials on-site, all fire hydrants, must be installed and operational with a temporary all-weather access road acceptable to the Fire Department. All weather access is typically defined as the first lift of pavement being installed. These criteria apply to all construction including residential model complexes.
20. The number and location of required fire hydrants to serve commercial development will be determined by the size and type of construction of the proposed commercial buildings. Generally, the required fire flow for the commercial area shall be a minimum of 3,500 gallons per minute for four hours RESOLUTION NO. 113-2022
18 with hydrants spaced at approximately every 300 feet. Exact location and number of required hydrants shall be determined by the Fire Department prior to installation. These hydrants shall have two, 2 1/2" ports and one, 4" port. Hydrants shall be of all bronze construction, painted "fire hydrant yellow" and be installed per PDMWD requirements.
21. Fire hydrants in the residential areas of the Fanita Project shall be spaced approximately every 300 feet and comply with the hydrant locations as submitted in the Fanita Ranch Fire Protection Plan. The exact location shall be determined by the Fire Department prior to installation. These hydrants shall have two, 2 1/2" ports and one, 4" port, with a minimum fire flow of 2,500 gallons per minute for three hours. Hydrants shall be of all bronze construction, painted "fire hydrant yellow" and be installed per PDMWD requirements.
22. The Applicant shall submit one hundred percent (100%) complete Street improvement plans prepared in accordance with City guidelines and the requirements set forth herein and be ready for acceptance by the City. Partial or incomplete submittals will not be accepted for plan check. At the time of plan check submittal, the Applicant shall schedule anappointment withtheirdesignated City project engineer and the Applicant's design engineer to review the plan submittal for completeness. The Street Improvement Plan submittal package shall include the following:
a. Six sets of plans bound and stapled.
b. Plan check fees.
c. Preliminary cost estimate for the improvements.
d. One copy of the Resolution(s) approving the project.
Plan check and inspection fees shall be paid in accordance with the City Fee Schedule.
23. The Applicant shall provide an implementation checklist for public street improvements including the timing of traffic signal installations, off-site intersection improvements, Traffic Demand Management measures and off-site roadway improvements to the satisfaction of the City Engineer. The schedule shall incorporate the phased design and construction of the identified improvements in the approved Final Mitigation, Monitoring, and Reporting Program (MMRP) incorporated herein by reference. The schedule shall also identify the timing of the bonding and securities for each development phase.
24. The Applicant shall provide that all new traffic signals be connected with fiber optics to the City’s fiber optic interconnect system to the closest existing connection point.
25. Prior to the occupancy of the 2,123rd EDU, the Applicant shall complete construction of the Cuyamaca Street and Mission Gorge Road intersection improvements to RESOLUTION NO. 113-2022
19 include a dedicated northbound right-turn lane consistent with the improvements proposed in the General Plan Mobility Element. In the event these improvements are made by others before the said occupancy stated herein, the Applicant shall reimburse the City their fair share contribution of 42% of the total improvements cost no later than 120 days following the filing of the Notice of Completion by the City, or occupancy of the 2,123rd EDU, whichever occurs first.
26. The Applicant shall coordinate with applicable jurisdictions to construct traffic improvements in the City of San Diego, County of San Diego, and Caltrans right-ofway, as identified in the approved MMRP.
27. Fanita Parkway: Ganley Road to Project Site
Prior to occupancy of the 1st EDU (model homes excepted) proposed project shall construct this section of Fanita Parkway as a two-lane parkway to include a six to 14- foot raised median, one 12-foot travel lane in each direction, five-foot bike lanes on both sides of the roadway with a three-foot buffer on the east side and five-foot buffer on the west side, and provide a five-foot landscaped parkway on the east side of the roadway with a 10-foot multi-purpose trail on the west side separated from the roadway by a five-foot landscape parkway. The gated vehicular entrance south of Ganley Road currently used by Santee Lakes as an entry/exit to their campground and RV storage areas shall be abandoned and realigned to complete the west leg (fourth leg) of the Fanita Parkway/ Ganley Road intersection. SDG&E easements and the northernmost access to the Ray Stoyer Plant on the PDMWD property are currently accessed via Sycamore Canyon Road. The Project shall provide a rightin/right-out only access on Fanita Parkway for the eastern easement access and a full access intersection with a northbound dedicated left-turn lane to the PDMWD property on the west side of Fanita Parkway.
28. Fanita Parkway Traffic Monitoring Program
Project shall initiate a Monitoring Program upon the traffic volume measured on Fanita Parkway between Ganley Road and Lake Canyon Road reaching 13,000 average daily trips (ADT). ADT counts shall be collected on an annual basis. Three capacity thresholds are presented for use in determining when the fourth lane (second northbound lane) on Fanita Parkway may be required: 1) ADT Volume-toCapacity; 2) Peak Hour Intersection Analysis; and 3) Travel Speed. a. ADT Volume-to-Capacity: Install a count station between Lake Canyon Road and Ganley Road or another City approved counting device at the Fanita Parkway/ Ganley Road signal to allow continuing ADT collection that is accessible from City Hall. A continuous weekday ADT count between Ganley Road and Lake Canyon Road shall be conducted to determine the amount of vehicular traffic on this segment. Should volumes exceed 13,000 trips, initiation of the Monitoring Program shall commence. The specifics of the ADT monitoring of Fanita Parkway shall be conducted as follows to the satisfaction of the City Engineer. b. Peak Hour Intersection Analysis: Peak hour intersection counts at the Fanita RESOLUTION NO. 113-2022
20 Parkway/Ganley Road intersection shall be collected to the satisfaction of the City Engineer. An LOS analysis would be conducted by a licensed traffic engineer and should the northbound PM delay exceed LOS C, 20 seconds, the Peak Hour Intersection threshold would be exceeded.
c. Arterial Speed: A weekday speed survey shall be conducted on Fanita Parkway between Ganley Road and Lake Canyon Road. If the PM peak hour arterial speeds are determined to be less than LOS C (28 MPH) in the northbound direction, taking into consideration the intersection delay at Ganley Road, the Arterial Speed threshold would be exceeded.
Once the 13,000 ADT threshold is met and the Monitoring Program commences, if any one (1) of the two (2) remaining thresholds is met, the fourth lane shall be constructed, to the satisfaction of the City Engineer.
29. Cuyamaca Street: Princess Joann Road, Woodglen Vista Drive, and El Nopal Intersections
The Applicant shall provide left turn restrictions to reduce project cut-through traffic from Cuyamaca Street to Magnolia Avenue via Princess Joann Road, Woodglen Vista Drive and El Nopal (except in the event of emergency) to the satisfaction of the Director of Development Services. The restriction measures shall be installed with the project public improvements, as required in accordance with the Mitigation, Monitoring and Reporting Program.
30. Cuyamaca Street: Chaparral Drive to Project Site
Prior to the occupancy of the 30th EDU, the Applicant shall construct Cuyamaca Street from its current terminus at Chaparral Drive to connect to the Project site as an interim all-weather road for emergency access purposes to the satisfaction of the City Fire Chief. Prior to the occupancy of the 500th EDU, the Applicant shall construct Cuyamaca Street from its current terminus at Chaparral Drive to connect to the Project site to include a 10-foot raised median, one 12-foot travel lane in both directions, a three-foot bike lane buffer on the east side of the roadway with a five-foot bike lane and a five-foot landscaped parkway. The west side of the roadway will provide a five-foot bike lane buffer with a five-foot bike lane (10-foot emergency parking), with a five-foot landscaped parkway and eight-foot multipurpose trail. The east side of the roadway will provide a four-foot nature trail occurring in a portion of the east parkway.
31. Magnolia Avenue: Existing terminus to Cuyamaca Street Prior to occupancy of the 1,500th equivalent dwelling unit, the Applicant shall construct Magnolia Avenue from its existing terminus to Cuyamaca Street to Collector Type IV standards, including two travel lanes, a painted center median, bike lanes/emergency parking on both sides, a landscaped parkway on the north/westbound side and a continuous sidewalk on the south/eastbound side, to the satisfaction of the Director of Development Services.
RESOLUTION NO. 113-2022
21 32. Magnolia Avenue/Cuyamaca Street
The Applicant shall install conduit and plan for the installation of a traffic signal at the intersection of Cuyamaca Street and Magnolia Avenue. In the southbound direction, two left turn lanes and one thru lane will be constructed with minimum turn pocket lengths of 175 feet, the northbound direction will provide one thru lane and one right-turn lane, and the westbound direction will provide one left-turn lane and one right-turn lane.
33. Cuyamaca Street: Chaparral Drive to El Nopal
Prior to occupancy of the 155th EDU, the proposed project shall improve this street segment to its ultimate General Plan Mobility Element classification of a four-lane major road.
34. SR 52 improvements
Prior to the occupancy of the 1st EDU (model homes excepted), CALTRANS shall have installed improvements to relieve congestion on SR-52 .
35. Any blasting operations shall comply with Chapter 11.18 of the Santee Municipal Code, and the following conditions shall apply:
a. Prior to issuance of a Blasting Permit, the Applicant shall provide a site-specific blasting report to assess, control, and monitor noise and ground vibration from blasting. The blasting report shall be prepared by an expert in the field of blasting, familiar with local land conditions, and that has experience with projects of this scope to the satisfaction of the Director of Development Services. b. The Applicant shall place a cash deposit with the Department of Development Services in an amount satisfactory to the Director of Development Services to cover the cost of the review of the blasting report. All recommended measures identified in the approved blasting report shall be accepted by the Director of Development Services and incorporated into the project design. c. Prior to any rock blasting, the Applicant shall conduct a pre-blast survey of the surrounding property at locations, levels and times to the satisfaction of the Director of Development Services.
d. Public Notification of Blasting Schedule for residents within 1,000 feet of blasting - The property owner shall give a monthly blasting schedule in writing to residences within 1,000 feet of potential blast locations. The notice shall disclose the anticipated blasting schedule and provide a contact phone number for the blasting contractor. Unscheduled changes to the blasting schedule will require the blasting schedule to be reissued no less than 24 hours prior to blasting. e. Blasting activities within the project boundary line shall occur between 8:00 a.m. and 5:00 p.m. Monday through Friday. No blasting shall be allowed on weekends RESOLUTION NO. 113-2022
22 or on specific holidays as referenced in the City Noise Ordinance (SMC Chapter
5.04).
f. Blasting operations shall be limited to minor blasting within 600 feet of residences.
Minor blasting means a blasting operation that meets all of the following criteria:
quantity of rock to be blasted does not exceed 100 cubic yards per shot, bore hole diameter does not exceed two inches, hole depth does not exceed 12 feet, maximum charge weight does not exceed eight pounds of explosive per delay, and the initiation of each charge will be separated by at least 10 milliseconds. g. A Monitoring Program shall be implemented to monitor blasting noise activities for compliance with the City's Noise Ordinance. Monitoring shall consist of one full day every two weeks until blasting is completed or moves beyond 600 feet from residential homes.
h. Explosives shall be transported to the site only when permitted and specifically approved by the Fire Chief.
i. The transport, storage, and use of any hazardous materials shall be done under strict Fire Code requirements. Applicant shall apply for and obtain permits as required by the Fire Chief.
36. A grading permit to allow early subdivision grading in accordance with Section
11.40.155 of the Grading Ordinance may be obtained following approval of the Vesting Tentative Map.
37. Rough Grading Plans may be submitted to the Department of Development Services Engineering Division and accepted prior to map recordation. The following conditions shall apply to acceptance of the Rough Grading Plans and issuance of a Grading Permit:
a. The grading plans shall be prepared at a scale of 1” = 40’. Plans shall include a note that requires immediate planting of all slopes over three feet in height within 60 days of construction, following installation of water mains to serve the project.
All slopes in excess of 3:1 shall be stabilized per the requirements of the MS4 Permit to prevent slope erosion, to minimize slope failures, and to prevent sediment from entering the storm water conveyance system; permanent landscaping and irrigation shall be installed no later than six months of completion of grading, or prior to occupancy, whichever comes first. b. Proposed water quality and hydro-modification basins shall be designed such that maintenance access shall be provided to all stand pipes, headwalls, structures, manholes, and basin bottom to the satisfaction of the Director of Development Services. Basins shall be designed to include decorative fencing when visible and not obstruct views when feasible.
RESOLUTION NO. 113-2022
23 c. The grading plans shall clearly identify the bio-retention facilities dimensions and drainage path, demonstrating the required area and volume, as well as those proposed to address hydro-modification and to attenuate the 100-year storm event. Details of the facilities in cross sections shall include the proposed depth, media type, design assumptions, freeboard, material types, side slopes, orifice size, piping locations, address emergency overflow, as well as providing appropriate access for maintenance.
Should the above-mentioned proposed bio-retention facility drawdown time as designed exceed 48 hours, the basin may result in vector breeding. It is the sole responsibility of the homeowner association (HOA) to coordinate with local vector control authorities to address vector breeding.
d. Prior to grading on-site all existing ground water wells, permitted or otherwise, shall be abandoned in accordance with the San Diego Department of Environment Health. Copies of as built reports shall be made available to the City prior to issuance of a grading permit.
e. All recommended measures identified in the approved geotechnical and soil investigation shall be incorporated into the final project design and construction. f. Applicant shall not seek to increase the posted speed limit on Fanita Parkway south of Ganley Road, from the existing posted speed limit of 40 miles per hour to the post-project improvement design speed of 50 miles per hour until the building construction phase of Phase 1 is complete. The speed limit for construction-related traffic shall be stipulated in project construction documents, including the grading plans and the contract with the construction contractor. The construction-related traffic shall not exceed existing posted speed limit. g. Project landscape and irrigation plans for all slope planting on all slopes over three feet in height shall be included in the grading plan set and shall be prepared at the same scale as the grading plans 1” = 40’. Design shall include a temporary high line for irrigation to permit slope planting to occur immediately following grading until such time as individual meters are installed to permit connection of the irrigation to the homeowner’s meter.
h. Plant types and permanent irrigation for the proposed basin slopes and bottoms shall conform to the City of Santee BMP Design Manual standards, E.20 Plant List, and subject to the details provided on the approved VTM and to the satisfaction of the Director of Development Services.
i. Clearly delineate and identify the brush management and fuel modification zones on all plan sets.
j. Any excess soil generated from grading operations shall be hauled to a legal RESOLUTION NO. 113-2022
24 dumping site as approved by the Director of Development Services. k. All drainage pipes shall be profiled on the plans and include the proposed material type, length, slope, D-load, Q100, V100. In addition, profiles shall include adjoining structures, stationing, invert elevations, and the plotting of the hydraulic grade line of a 100-year event.
l. Prior to submittal of Grading Plans the applicant shall meet with the City Engineer and agree to the scope of the project retaining walls that shall be profiled in the Grading Plans. The profiles will indicate the top of wall, bottom of wall, bottom of footing, location of steps, bends, changes in height and wall type. In addition, the profile shall show the existing and proposed finished surface of both sides of the proposed wall. Show the location and method of wall drainage, including outlet elevation of pipes intended for the release of pore water pressure, length and location of geotextile fabrics (as applicable). Typical cross sections of all proposed retaining wall types shall be provided clearly showing the proposed structural reinforcement and construction notes as applicable. m. Project improvement plans shall be concurrently processed to the satisfaction of the Director of Development Services prior to issuance of a grading permit. Plans shall be prepared at a scale of 1” = 40’.
n. The Applicant is responsible for all coordination of utility plans and approvals, including those from outside agencies. Plans are required to meet the requirements of the outside agencies and those of the City. No deviations from the City standards are permitted unless authorized in writing by the Director of Development Services, except as shown in the Fanita Ranch Development Plan and on the Vesting Tentative Map.
o. Project precise grading (plot) plans shall be completed and approved prior to issuance of any building permits.
p. All grading plans shall be one hundred percent complete at the time of plan check submittal, be prepared in accordance with City guidelines and be ready for acceptance by the City. At the time of plan submittal, the Applicant shall schedule an appointment with their designated City project engineer and the Applicant’s design engineer to review the plan submittal for completeness. The following shall be included as part of the grading plan submittal package:
1. Six sets of plans bound and stapled (grading and landscape).
2. Plan check fees.
3. A completed grading permit application.
4. A cost estimate for the cost of construction.
5. Three copies of the Drainage Study specified here within.
6. Three copies of the Geotechnical Study specified here within.
7. Three copies of the Rock Fall Hazard Analysis and Mitigation Report RESOLUTION NO. 113-2022
25 specified here within.
8. Three copies of the Storm Water Quality Management Plan specified here within.
9. Two copies of an Operation & Maintenance (O&M) plan specified here within shall be submitted prior to grading plan approval.
10. Two copies of the Storm Water Pollution Prevention Plan specified here within.
11. Three copies of the Hydraulic Study and Hydraulic Analysis specified here within.
12. Two copies of the Traffic Study specified here within.
13. Draft letters of permission from any adjoining property owners if grading is proposed off-site shall be submitted prior to grading plan approval. Letters shall be in a form acceptable to the City.
14. A letter of acknowledgement signed and sealed, from each design consultant acknowledging City ownership of all construction drawings following City approval as specified here within.
15. One copy of the Resolution(s) approving the project.
All grading shall be completed to the satisfaction of the Director of Development Services. Plan check and inspection fees shall be paid in accordance with the City Fee Schedule.
Grading Plans shall be submitted to the Department of Development Services Engineering Division and be completed and accepted prior to each phase of development. Phase specific conditions shall be specified at the time of approval for a specific phase.
38. The Applicant shall notify all contractors, subcontractors and material suppliers that the following work schedule restrictions apply to this project:
a. No site work, building construction, or related activities, including equipment mobilization will be permitted to start on the project prior to 7:00 am and all work for the day shall be completed by 7:00 pm.
b. No construction work along Fanita Parkway from Mast Boulevard, north to the project site will be permitted before 8:00 am Monday through Friday. c. No work is permitted on Sundays or City Holidays.
d. No deliveries, including equipment drop off and pick-up, shall be made to the project except between the hours of 8:00 am and 6:00 pm, Monday through Saturday, unless otherwise modified by the terms of the encroachment permit, excluding City Holidays. Deliveries of emergency supplies or equipment necessary to secure the site or protect the public are excluded. e. If the Applicant fails or is unable to enforce compliance with their contractors, RESOLUTION NO. 113-2022
26 subcontractors and material suppliers regarding the specified work hours, a revised permissible work hour schedule may be imposed by the Director of Development Services.
f. In addition to the above the Applicant shall erect one or more signs stating the work hour restrictions. Signs shall be installed as may be required, in the vicinity of the project construction trailer if a job site trailer is used, or at such other locations as may be deemed appropriate by the Department of Development Services. The sign shall be a minimum of 24” x 36” and shall be weather proofed.
The sign content shall be provided by the Department of Development Services.
39. Trench work when required within existing City streets shall be completed within two weeks of the initial start date, including placement of the final trench patch.
The two-week time period can be extended by the Director of Development Services based upon the scope of the work to be performed within the existing City streets. Trench plates or temporary pavement placement shall be installed at the end of each work day. Advance warning signs on lighted barricades notifying the public of trench plates and or uneven pavement shall be placed and maintained until permanent pavement repairs are made. The maximum length of time including weekends and holidays that trench plates may remain on the street is 72 hours after which time temporary or permanent asphalt paving shall be placed unless modified by the Director of Development Services.
40. Applicant consents to annexation of the property under development to the Santee Roadway Lighting District and agrees to waive any public notice and hearing of the transfer. Applicant shall pay the necessary annexation costs and upon installation of any street lights required for the development, pay the necessary street light energizing and temporary operating costs.
41. Provide three copies of a hydrology study and hydraulic analysis that determines the boundary and elevation of the base flood for Sycamore Creek adjacent to the project in accordance with the Santee Flood Damage Prevention Ordinance. Study requirements shall first be obtained from the City’s assigned project engineer prior to the preparation of the study or utilize the existing report prepared by Rick Engineering titled Floodplain Analysis for Fanita Lake dated May 11, 2007.
42. Provide three copies of a final drainage study prepared by a registered Civil Engineer, with demonstrated expertise in drainage analysis and experience in fluvial geomorphology and water resources management. Storm drainage shall be designed to adequately convey storm water runoff without damage or flooding of surrounding properties or degradation of water quality. The drainage study shall:
a. Identify and calculate storm water runoff quantities expected from the site and upstream of the site and verify the adequacy of all on-site or off-site facilities necessary to discharge this runoff. The drainage system design shall be capable of collecting and conveying all surface water originating within the site, and RESOLUTION NO. 113-2022
27 surface water that may flow onto the site from upstream lands, and shall be in accordance with the latest adopted Master Drainage Plan, the requirements of the City of Santee Public Works Standards.
b. Compute rainfall runoff characteristics from the project area including, at a minimum, peak flow rate, flow velocity, runoff volume, time of concentration, and retention volume. These characteristics shall be developed for the 10-year, 50- year and 100-year frequency six-hour storm during critical hydrologic conditions for soil and vegetative cover. Storm events shall be developed using isopluvial maps and in accordance with the San Diego County Hydrology Manual. All drainage shall be conveyed to suitable outfalls to the satisfaction of the Director of Development Services.
c. Include a summary table comparing the storage capacity and height of all proposed basins to State Division of Safety of Dams (DSOD) thresholds. As proposed, drainage basin BF-1-1 would have capacity to store over 15-acre-feet of water, which is the threshold at which the dam height must be considered, and the height measured to the lowest elevation of the outside limit of the barrier on the west side of the proposed basin is over 25 feet. Documentation must be provided demonstrating that DSOD has reviewed the design and concurred that either (1) the facilities are not jurisdictional dams or (2) that facilities are jurisdictional dams and appropriate measures have been implemented to meet DSOD criteria.
d. The proposed interim biofiltration basin planned within the future Magnolia Avenue roadway shall be constructed with a suitable discharge matching an existing discharge point that is outside of the future right of way area of Magnolia Avenue. At final engineering, documentation must be provided demonstrating that the emergency overflow system meets the City and County standards. e. Provide a table of all runoff coefficients used in calculations supporting storm drain and detention basin design shall be based on the actual proposed percentage of impervious cover for each neighborhood.
f. The basin outflow calculations shall be designed based on the geometry of the proposed riser structures and the capacity of the downstream storm drain, whichever is the more restrictive factor. At final engineering, documentation must be provided demonstrating that the emergency overflow system (i.e., including the downstream channel or storm drain that receives the emergency overflow) has the capacity to convey the 100-year un-detained flow. If BF-1-1 and/or any other basin is determined to be a jurisdictional dam, DSOD may have additional criteria for the emergency overflow conveyance.
g. Provide sufficient detail and calculations to support the final design of channel and slope protection features.
RESOLUTION NO. 113-2022
28 43. Provide three copies of a Storm Water Quality Management Plan (SWQMP) prepared and in accordance with the City of Santee Storm Water Ordinance and in accordance with the City of Santee Best Management Practices (BMP) Design Manual dated February 2016 and alternate approaches that meet both the storm water pollution control and hydromodification management requirements may be acceptable at the discretion of the City Engineer and shall be documented in the SWQMP. The SWQMP must include best management practices (BMPs) to address water quality and hydromodification. An Operation and Maintenance Plan describing maintenance requirements and costs for BMP maintenance and provision of maintenance verification will be provided. The SWQMP shall:
a. Develop and implement appropriate Best Management Practices (BMPs) to ensure that the project does not increase pollutant loads from the site. A combination of respective storm water BMPs, including Site Design, Source Control, and Structural Treatment Control shall be implemented in accordance with the approved SWQMP.
b. Incorporate Low Impact Development (LID) and site design BMPs to minimize directly connected impervious areas and to promote infiltration using LID techniques as outlined in the County of San Diego’s LID handbook. c. Comply with full trash capture requirements by providing completely enclosed trash and recycling enclosures and the storm drain system shall be designed and installed to meet the MS4 Permit requirements regarding trash capture. Said system must be designed to capture debris of 5 mm or greater, while preventing flooding potential.
d. The first downstream public storm drain inlet or clean-out structure to which the project improvements discharge to must be retrofitted with a trash capture device to meet the MS-4 requirements. The device which shall be used for public inlets is the ADS FlexStorm Connector Pipe Screen system or approved equal. e. Label all new inlets constructed by the Applicant with concrete stamp or equivalent - stating, "No Dumping - Drains to River". If work is performed on a public inlet, the public inlet must be labeled with the following standard specification: Public storm drain inlet markers shall be 4” diameter, stainless steel, natural embossed, inlet marker as manufactured by Almetek Industries or approved equal. Marker shall contain/state “No Dumping” with “Fish w/ Wave” symbol and “Drains to Waterways” legend. Marker shall contain 2” long x 1/4” diameter threaded rod and shall be installed flush and wet-set in top of inlet, centered on width of inlet opening.
f. Prohibit down spouts and HVAC systems to be connected to any storm drain conveyance system. All non-storm water discharges must either drain to landscaped areas or be plumbed to the sewer.
RESOLUTION NO. 113-2022
29 g. Require fire suppression systems to be designed to discharge to a sewer clean out for all maintenance and testing activities, or otherwise captured and contained on-site.
h. Require California native/drought-tolerant plants to be used to the maximum extent feasible to minimize the need for irrigation. Where irrigation is necessary, then the system shall be designed and installed to prevent overspray or irrigation runoff during normal operations and during a break in the line. i. Include a narrative in the source control section regarding the types of material to be stored outdoors and how materials shall be covered and/or protected from the outside elements and be stored above the finished grade to prevent contact with the storm water runoff.
j. Include a standalone Operation and Maintenance (O&M) Plan in accordance with the City of Santee BMP Design Manual. The O&M plan shall include:
i. Post Rain Event Maintenance detailing frequency, repairs, reporting, timing, and indicators.
ii. A procedure addressing flushing of PDMWD facilities. This includes the project potable water tanks specifically addressing the draining and flushing for necessary maintenance or repairs. The treatment facilities shall be designed to accommodate the anticipated amount of flow from PDMWD maintenance operations.
iii. A narrative regarding drainage and water quality from the Special Use Area currently proposed for RV storage/Solar voltaic production. k. As part of the SWQMP, a field reconnaissance to observe and report on downstream outlet conditions, including undercutting erosion, slope stability, vegetative stress (due to flooding, erosion, water quality degradation, or loss of water supplies) and the area’s susceptibility to erosion or habitat alteration as a result of an altered flow regime.
l. All downstream areas identified in the drainage study and/or the SWQMP conditioned herein, as points of compliance, shall establish within said drainage study that pre-project hydrologic conditions affecting points of compliance would be maintained by the proposed project, satisfactory to the City, by incorporating in the site design, source control, and treatment control requirements identified on the approved project SWQMP.
m. Dog waste stations shall be incorporated through the property and include signage to pick up and properly dispose of pet waste, pet waste bags, and a trash receptacle.
RESOLUTION NO. 113-2022
30 Priority Development Project (PDP) SWQMP shall:
n. Show the appropriate information including tree size and soil dimensions on the plans submitted for grading and street improvements.
o. Provide additional details relating to drainage areas and the flow control (i.e., SWMM) analyses may be required based upon the final design. p. Provide documentation demonstrating that the average annual retention requirement will be satisfied by the project areas where standard biofiltration is not being proposed. As applicable, the addition if pervious areas and/or site features to satisfy the average annual retention criteria may be required and this in-turn may result in changes to the proposed site layout. q. Additional details will be required on the street improvement plans to demonstrate runoff from the project area will be directed into appropriate storm water quality measures.
r. An alternative water quality approach, such as biofiltration or compact biofiltration, may be required based on the limited area available for storm water quality measures.
s. Additional information, including but not limited to calculations to demonstrate that the Bioretention Soil Media (BSM) capacity is more limiting than the orifice and thus storm water will precipitate from the BSM, may be required during final engineering. Drainage areas shall be shown on the Drainage Management Areas (DMA) Exhibit and be consistent with those used in pollution control calculations and SWMM analyses.
Off-Site Improvements PDP SWQMP shall:
t. The site design checklist shall identify the BMPs proposed as SD-5, (Disperse Impervious Areas) and/or SD-6 (Runoff Collection).
u. The final report shall clarify the proposed combined pollutant control and hydromodification control MWS type proprietary BMPs will achieve both types of control with flow-based devices.
v. The final report shall include appropriate flow control analysis of POC 17 (e.g., SWMM analysis) for the on-site and/or the off-site areas as necessary. This shall include inclusion with the BMP checklist, BMP calculations, and flow control analysis for BMP BF-1-17 and/or DET-1-17, as applicable.
Green Streets PDP Exempt SWQMP
RESOLUTION NO. 113-2022
31 w. Provide detailed information regarding the Green Infrastructure strategy, calculations to demonstrate the capture capacity of the proposed tree wells, completed Form I-8, demonstrate adequate tree spacing for proposed capture and treatment of Magnolia Avenue and documentation confirming compliance with the City of Santee BMP Design Manual as necessary.
Technical Memorandum: Analysis of Potential Critical Course Sediment Yield Areas (PCCSYA) for Fanita Ranch shall:
x. Provide electronic files in CAD and shapefiles to facilitate review of the exhibits.
All exhibits shall be plotted to scale, including a scale bar on each exhibit, all callouts shall be correct, and calculations shall match those of the exhibits. y. Provide an appropriate discussion in the report narrative to explain and justify the range of flow events incorporated into the analysis.
Off-Site Improvements Technical Memorandum: Complementary Analysis of Potential Critical Course Sediment Yield Areas (PCCSYA) for Fanita Ranch shall:
z. Demonstrate that POCs 11 and 12 meet the criteria for being considered as de minimis. Currently these areas are shown to be a depression; however, each of these “depressions” has a headwall and storm drain. As such, each is considered as an open channel during the 2-year storm event peak flow rate without ponding and without deposition of course sediment. The project will require additional analysis and additional flow control measures as part of the final engineering design.
aa.Provide appropriate documentation in the analysis report when the values not listed in the published references (e.g., Asoil-loss values) are utilized. bb.Provide appropriate discussion in the report narrative to explain and justify the range of flow events incorporated into the analysis.
44. Minimum best management practices for storm water and water quality will be incorporated into the development’s CC&R’s via reference to the project’s Storm Water Quality Management Plan (SWQMP).
45. Construction Site Storm Water Compliance
a. Provide proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2009- 0009-DWQ) prior to start of construction. This project disturbs one or more acres of soil or disturbs less than one acre but is part of a larger common plan of development that in total disturbs one or more acres. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as RESOLUTION NO. 113-2022
32 stockpiling, or excavation.
b. Submit a copy of the project specific Storm Water Pollution Prevention Plan (SWPPP) to the City for review and approval. The Construction SWPPP should contain a site map(s) which shows the construction site perimeter, existing and proposed buildings, lots, roadways, storm water collection and discharge points, general topography both before and after construction, and drainage patterns across the project. The Construction SWPPP must list Best Management Practices (BMP’s) the Applicant will use to protect storm water runoff and the placement of those BMP’s. Section XIV of the Construction General Permit describes the SWPPP requirements.
46. A Storm Water Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in said O&M plan binding on the land throughout the life of the project will be required prior to issuance of the first building permit.
47. Provide three copies of the final geotechnical studies prepared in accordance with the requirements of the Santee General Plan. The study will be subject to independent third-party review to be paid for by the Applicant. The Applicant shall place a cash deposit with the Department of Development Services in an amount satisfactory to the Director of Development Services to cover the cost of the review.
All recommended measures identified in the approved study shall be incorporated into the project design. Copies of the Geotechnical/Seismic Hazard Study for the Safety Element of the Santee General Plan which details, in Table A-1, study criteria necessary to conform to the General Plan requirements, can be purchased from the Department of Development Services Engineering Division. a. The geotechnical report shall analyze any proposed infiltration techniques (trenches, basins, dry wells, permeable pavements with underground reservoir for infiltration) for any potential adverse geotechnical concerns. Geotechnical conditions such as: slope stability, expansive soils, compressible soils, seepage, groundwater depth, and loss of foundation or pavement subgrade strength should be addressed, and mitigation measures provided.
b. Slope stability and buttress fills, as well as providing design and recommendations.
c. Proposed blasting, and/or rock breaking/crushing/sorting operations, including mitigation of potential impacts and protection of surrounding properties. d. Proposed terrace drains, including design and recommendations.
48. Provide three copies of a rock fall hazard analysis and mitigation report prepared by a registered Geotechnical Engineer. The proposed cut slope shall be surveyed and staked on approximate 50-foot centers and a field analysis conducted. The RESOLUTION NO. 113-2022
33 mitigation report shall include a separate exhibit that clearly shows the proposed cut slope, boulders/rocks above the proposed cut slope that will require mitigation, the proposed method(s) of mitigation, and the down slope protection required during and after construction. The rock fall hazard analysis and mitigation report will be subject to independent third-party review to be paid for by the Applicant.
The Applicant shall place a cash deposit with the Department of Development Services in an amount satisfactory to the Director of Development Services to cover the cost of the review. All recommended measures identified in the approved report shall be incorporated into the project design. The rock fall hazard analysis and mitigation report shall be deemed complete prior to issuance of a grading permit.
No mitigation, disturbances, impacts, and/or work, temporary or otherwise, shall occur within the limits of the conservation easement. Should mitigation be required within a protected area, environmental review, and approval by the City Planning Department, and those governing agencies as determined necessary by the City Planner, shall be completed prior to the start of grading.
49. The Applicant shall include the following information and dedications on the final map:
a. Lot numbering shall be approved for each map as determined by the Director of Development Services.
b. Grant to the City a visibility clearance easement at all street intersections within Fanita Ranch in accordance with Section 13.10.050 of the Zoning Ordinance. c. Dedicate right-of-way for all public streets substantially in accordance with the Vesting Tentative Map.
d. Grant to the City drainage and access easements for all storm drainage improvements proposed for City maintenance.
e. Relinquish vehicular right of access to lots with double street frontage as required. Lot access will only be permitted to the street frontage that contains the driveway access only. Specific lots willbe identified at the time of map submittal.
f. Grant to the City landscape maintenance easements for all landscaping to be maintained by the City, or Community Facilities District, if applicable. g. Grant to the City of Santee fire and emergency vehicle access easements over all emergency accessroads.
h. Grant utility easements over all private access roads as required.
RESOLUTION NO. 113-2022
34 i. Grant to PDMWD any required water, sewer or access easements exclusive of the public utility easements stated herein.
j. Grant to PDMWD in fee those lots intended to support PDMWD facilities such as reservoirs, headworks and pump station sites and any easements required for access or pipelines to those sites. The grant to PDMWD shall reserve unto the City a grant of pedestrian access easements, as required, where shown on the Vesting Tentative Map or may as otherwise be determined by the Director of Development Services.
k. Grant to the City of Santee two Irrevocable Offers of Dedication (IODs)for the two lots intendedfor use as public parks on the first Final “A” Map. These lots include the proposed park sites CP-1 and NP-8 per the Vesting Tentative Map.Said IODs are subject to the review and approval of the Development Services Director. l. Grant to the City a permanent Public Access Easement for recreation purposes for parks NP-1 through NP-7 per the Vesting Tentative Map. This easement will be identified as “Recreation Easement” on the Final Maps. Public Access Easements for recreation purposes shall also be granted to the City for Mini Parks MP-1 through MP-31 per the Vesting Tentative Map. Other areas may also be defined during final engineering to provide public access to the project trail systems.
m. Grant pedestrian access easements over all proposed public pathways as may be deemed appropriate by the Director of Development Services. n. Grant to the City conservation easements over the Habitat Preserve Lots. o. Grant public pedestrian access easements over emergency access roads and at such other locations as may be shown on the Vesting Tentative Map and as deemed appropriate by the Director of Development Services. p. Include with the final map additional map sheets pursuant to Section 66434.2 of the Subdivision Map Act to indicate, as required, and including, but not limited to the following: limits of fuel modification/non-building easements, limits of building construction with respect to fuel modification/non-building easements, and geotechnical hazard areas, easements for landscaping of areas to be maintained by the HomeownersAssociation.
50. Applicant shall place all new utilities required to serve the project underground. No overhead facilities or extension of overhead facilities is permitted. In addition, the Applicant shall underground overhead facilities adjacent to the project along Fanita Parkway to the satisfaction of the Director of Development Services. Adjacent facilities are defined as existing overhead facilities in the abutting half street and may include extension of the undergrounding to either side of the project to the nearest existing utility pole. Section 12.32.030 C.7. of the Santee Municipal Code RESOLUTION NO. 113-2022
35 provides for a waiver of underground facilities based upon findings of infeasibility or impracticality, and based upon information provided by the Applicant.
51. For each phase of development, provide certification to the Director of Development Services that sewer and water services can be provided to the site and that financial arrangements have been made to provide said services. When private sewer or water mains are allowed to serve the project, then a building permit for these facilities will be required and they shall be maintained by a homeowner's association.
52. Vehicle access on Mission Gorge Road, Cuyamaca Street, Olive Lane, Town Center Parkway, Carlton Hills Boulevard, Woodside Avenue, and Riverview Parkway shall be maintained at all times and all work shall be done at night unless otherwise approved by the Director of Development Services. When day work is permitted, work hours shall be from 8:30 am to 3:30 pm, including set up and break down of traffic control. No day work will be permitted during the holiday season, defined as beginning the Saturday before Thanksgiving Day and extending through New Year’s Day, unless otherwise approved by the Director of Development Services.
53. The Applicant shall comply with all applicable sections of the Municipal Code, Land Development Manual and Public Works Standards of the City of Santee unless otherwise approved as a part of the VTM and the Development Plan.
SECTION 6: The Applicant shall demonstrate to the satisfaction of Director of Development Services that the project features and requirements set forth in the Essential Housing Program Certification for the project attached hereto as Exhibit B and incorporated herein have been timely implemented. Annually throughout project implementation, the Applicant shall provide the City with evidence of progress toward satisfaction of the applicable project features and requirements in the Essential Housing Program Certification.
SECTION 7: The terms and conditions of the Vesting Tentative Map TM2017-3 approval shall be binding upon the Applicant and all persons, firms and corporations having an interest in the property subject to this Vesting Tentative Map and the heirs, executors, administrators, successors and assigns of each of them, including municipal corporations, public agencies and districts.
SECTION 8: The approval of the Vesting Tentative Map TM2022-1 expires upon thirtysix (36) months after the date of approval. The Final Map or Maps conforming to this conditionally approved Vesting Tentative Map shall be filed with the City Council in time so that City Council may approve the Final Map or Maps before this approval expires unless a time extension for obtaining such approval of the Final Map is approved as provided by the Santee Subdivision Ordinance. The City Council expressly grants to the Director of Development Services the authority to extend the expiration date of this RESOLUTION NO. 113-2022
36 approval pursuant to Section 13.04.090.B of the Santee Municipal Code, when a request for an extension is filed 60 days prior to the original expiration date.
SECTION 9: Pursuant to Government Code Section 66020, the 90-day approval period in which the Applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval, shall begin on September 14, 2022.
SECTION 10: The Applicant shall defend (with counsel of City’s choice, subject to reasonable approval by the Applicant) the City and its officers, employees and agents from any claim, action, or proceeding against the City and/or its officers, employees or agents to attack, or set aside, void, or annul the approval of the City concerning this Resolution or any action relating to or arising out of its approval, and further agrees to indemnify and hold harmless from all costs and expenses (including attorney's fees) associated with any such defense.
NOTICE: The City of Santee hereby notifies the Applicant that State Law (AB3158), effective January 1, 1991, requires certain projects to pay fees for purposes of funding the California Department of Fish and Game. In order to comply with State Law, the Applicant should remit to the City of Santee Department of Development Services, within two (2) working days of the effective date of this approval (the “effective date” being the end of the appeal period, if applicable), a certified check payable to the “County Clerk” in the amount of $3,539.25. This fee includes an authorized County administrative fee of $50. Failure to remit the required fee in full within the time specified above will result in notification to the State that a fee was required but not paid, and could result in State imposed penalties and recovery under the provisions of the Revenue and Taxation Code.
In addition, Section 21089 (b) of the Public Resources Code, and Section 711.4 (c) of the Fish and Game Code, provide that no project shall be operative, vested, or final until the required filing fee is paid.
ADOPTED by the City Council of the City of Santee, California, at a Regular Meeting thereof held this 14th day of September 2022 by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED:
JOHN W. MINTO, MAYOR
ATTEST:
ANNETTE ORTIZ, CMC, CITY CLERK
RESOLUTION NO. 113-2022
37 Exhibit A: Legal Description
Exhibit B: Essential Housing Program Certification
VTM RESOLUTION - EXHIBIT A
Fanita Ranch Legal Description
Essential Housing Project Application Checklist
Project Name: Fanita Ranch
Date:
Credits
0 Credits
20 5
10 35
Credits
2 0
2 10
2 16
Credits
10 2
12 nd Use - 11 Max Creaits
Lqcation in Town Center - 2 Credits
Maximize Potential Density - 4 Credits
ouslng - 50 Max Credits (10 Required)
Affordable Housing (10% Low Income)- 20 Credits
-or- Contribution per market-rate unit
Affordable Housing (10% Moderate Income)- 10 Credits
-or- Contribution per market-rate unit
Mix of Unit Sizes- 5 Credits
Redevelopment of an Underutilized Site - 5 Credits
Number of Units Provided- 10 Max Credits
Subtotal
Mobility - 28 Max Credits
Location within Y. mile of bus stop - 2 Credits
Location within % mile of the trolley station - 5 Credits Location along a multimodal corridor - 5 Credits
Traffic calming - 2 Credits
SR-52 Contribution - 1 O Max Credits
P ssenger Loading Area or Rideshare - 2 Credits
Bike Repair Station and Bike Storage - 2 Credits
Subtotal
, Open Space and Conservation - 12 Max Credits
Contribution to City-owned Open Space - 1 O Max Credits Trees in Streetscapes and Parks - 2 Credits
Subtotal
Credits
2 2
4 2
5 5
5 25
Credits
5 5
10 Credits
4 5
10 19
Credits
2 5
7 124
SustalnabHlty - 44 Max Credits
Installation of Graywater System - 2 Credits
Connection to Recycled or Purified Treated Water- 2 Credits Exceeds Title 24 requirements - 2 Credits
All Energy Star Rated Appliances - 4 Credits
EV Chargers in Public Use areas (Level 2) - 5 Credits
EV Chargers in Public Use areas (Level 3) - 2 Credits
Solar Panels on Carports - 5 Credits
Solar Panels on Accessory Buildings - 5 Credits
Solar Water Heating - 2 Credits
Full Electrification of Residential Units - 5 Credits
Battery Systems - 10 Credits
Subtotal
100-ft Irrigated Fuel Modification Zones - 5 Credits
Implementation of Fire Protection Plan - 5 Credits
Subtotal
Trails and Sidewalks - 21 Max Credits
Enhanced Landscaped Parkways - 4 Credits
Safe Routes to Schools, Parks, and Transit - 2 Credits
Multiple Use Trails - 5 Credits
Trail Facilities Contribution - 10 Max Credits
Subtotal
Parks and Recreation - 7 Max Credits
Exceed parkland dedication requirement - 2 credits
Multi-purpose playing fiefds/public recreational facilities - 5 credits Subtotal
TOT AL Credits Across All Categories
A. Does the Project meet or exceed 10 Credits for housing and 50 Credits across all categories?./ Yes D No
8. Director's Determination - If Question in Section A, above, is checked "No", the Project is NOT an Essential Housing Project. If Question in Section A, above, is checked "Yes" the Project is determined an Essential Housing Project and can be certified as an Essential Housing Project by the Director of Development Services in Section C, below.
C. DIRECTOR'S CERTIFICATION: I, the undersigned, in my capacity as Director of Development Services for the City of Santee certify the �= �
s an
.
ssential Housing Project:
.
, ' tu�, .;;. i: . :il(µ {
Directo of Development Services Date '
VTM RESOLUTION - EXHIBIT B
RESOLUTION NO. 114-2022
1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA
APPROVING THE APPLICATION OF HOMEFED FANITA RANCHO LLC FOR
FANITA RANCH DEVELOPMENT PLAN AND DEVELOPMENT REVIEW PERMIT DR2022-4 FOR THE SUBDIVISION OF APPROXIMATELY 2,638 ACRES INTO 1,467
LOTS TO DEVELOP THE FANITA RANCH MASTER PLANNED COMMUNITY
LOCATED NORTH OF THE TERMINUS OF FANITA PARKWAY IN THE FANITA
RANCH PLANNED DEVELOPMENT AREA
APNS: 374-030-02; 374-050-02; 374-060-01; 376-010-06; 376-020-03; 376-030-01; 378-020-46, 50, 54; 378-030-08; 378-210-01; 378-210-03, 04; 378-210-10, 11; 378- 220-01; 378-381-49; 378-382-58; 378-391-59; 378-392-61, 62; 380-040-43, 44
(RELATED TO PROJECT NUMBERS: TM 2022-1, P2022-1, P2022-2, P2022-3, AEIS 2202-4, AEIS2017-11)
APPLICANT: HOMEFED FANITA RANCHO LLC
WHEREAS, on August 25, 2021, the City of Santee adopted Urgency Ordinance No. 592, declaring the need for an Essential Housing Program to boost housing production and improve housing affordability in the City to address and respond to the existing housing crisis in the City of Santee; and
WHEREAS, on November 29, 2021, the Applicant, HomeFed Fanita Rancho LLC, submitted an Essential Housing Project Application under Urgency Ordinance No. 592 for the Fanita Ranch Essential Housing Project (the “Project”); and WHEREAS, on December 27, 2021, the Director of Development Services certified the Project as an Essential Housing Project as it met the specified criteria in Urgency Ordinance No. 592; and
WHEREAS, the Project proposes a community consisting of approximately 2,949 housing units under a preferred land use plan with school, or 3,008 units under a land use plan without school, up to 80,000 square feet of commercial uses, parks, open space, and agricultural uses; and
WHEREAS, the Project will include the production of 150 housing units, onsite or offsite, for a mix of very low, low, moderate and above-moderate income households, including, but not limited to, workforce housing, and will thereby assist the City of Santee in addressing in the existing housing crisis in the City of Santee consistent with the findings of Urgency Ordinance No. 592; and
WHEREAS, on May 4, 2022, pursuant to Urgency Ordinance No. 592, HomeFed Fanita Rancho LLC submitted the additional application materials for the Project consisting of a Fanita Ranch Development Review Permit DR2022-4, a Vesting Tentative RESOLUTION NO. 114-2022
2 Map TM2022-1, a Preliminary Application under the Housing Crisis Act of 2019 (Senate Bill 330), and Conditional Use Permits P2022-1, P2022-2 and P2022-3; WHEREAS, the Development Review Permit subdivides approximately 2,638 acres into 1,467 lots, and establishes criteria and performance standards in accordance with the Vesting Tentative Map; and
WHEREAS, previously, on September 23, 2020, the City Council certified the Final Revised Environmental Impact Report (“EIR”) (State Clearinghouse No. 2005061118) for a prior version of the Fanita Ranch Project (the “Prior Project”) and adopted several resolutions approving the Prior Project, including Resolution No. 096-2020 approving the application of HomeFed Fanita Rancho LLC for a Development Review Permit (DR2017- 4) for the subdivision of approximately 2,638 acres into 1,467 lots to develop the Fanita Ranch Master Planned Community; and
WHEREAS, subsequently, the San Diego County Superior Court (Case No. 37- 2020-00038168-CU-WM-CTL) granted a Petition for Writ of Mandate on March 25, 2022, ordering the City of Santee to set aside and vacate all resolutions and approvals pertaining to the Prior Project; and
WHEREAS, on May 25, 2022, the City Council adopted Resolution No. 070-2022, setting aside and vacating in their entirety the Prior Project approvals, including certification of the EIR; and
WHEREAS, in order to address the deficient portions of the EIR identified by the Court in Case No. 37-2020-00038168-CU-WM-CTL, the City prepared a Final Revised EIR, including the Recirculated Sections of the Final Revised EIR, which was released for public review from June 10, 2022 to July 25, 2022 in accordance with the provisions of the California Environmental Quality Act (“CEQA”); and WHEREAS, on September 2, 2022 the City of Santee published a notice of public hearing on Development Review Permit DR2022-4 and related case files, to be held on September 14, 2022, in accordance with Section 13.04.100 of the Santee Municipal Code; and
WHEREAS, on September 14, 2022, the City Council held a duly advertised and noticed public hearing on Development Review Permit DR2022-4 and other applications related to the Fanita Ranch Essential Housing Project; and WHEREAS, the City Council considered the staff report, all recommendations by staff, the Final Revised EIR including the Recirculated Sections of the Final Revised EIR, the entire record and all public testimony.
NOW, THEREFORE, BE IT RESOLVED by the City of Santee City Council, after considering the evidence presented at the public hearing, as follows:
RESOLUTION NO. 114-2022
3 SECTION 1: The City Council has certified the Final Revised Environmental Impact Report (EIR) including the Recirculated Sections of the Final Revised EIR (Resolution No. 112-2022) pursuant to the California Environmental Quality Act and adopted Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Fanita Ranch Essential Housing Project. The City Council hereby incorporates by reference, as if fully set forth herein, the Resolution certifying the Final Revised EIR and adopting the Findings of Fact, and Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the Fanita Ranch Essential Housing Project.
SECTION 2: The findings in accordance with Chapter 13.19 of the Santee Municipal Code, entitled “Planned Development District” and the adopted Fanita Ranch Development Plan are made as follows:
A. That the proposed Project as conditioned and as specified in this Resolution meets the purpose and design criteria prescribed in the Fanita Ranch Development Plan, as well as relevant sections of the Santee Municipal Code in that the Project implements the goals and policies of the General Plan and consists of innovative and sustainable development in a manner which may not have been possible under standard land use designations and their corresponding zones. The Project is consistent with allowable uses and development standards in the Development Plan because it establishes standards of quality for community appearance and uses, preserves significant biological resources, preserves ridgelines and view corridors, and provides for recreational amenities.
B. The Project provides for mixed-use development of employment, commercial, recreational, and various residential densities with the framework for development set forth by the General Plan PD – land use designation. The Project is consistent with the Santee General Plan goals, objectives, policies which align with the Fanita Ranch Development Plan. The Project has been reviewed and has been determined to be consistent with the overall land use pattern and circulation system envisioned in the General Plan.
C. The Project implements development consistent with the Guiding Principles for the Project site.
1. The Project includes business and office uses in the Village Center and includes a community focus including public parks, commercial, school site, a fire station, and other uses.
2. The Project provides a range of residential densities, including Low Density Residential, Medium Density Residential, and Active Adult.
3. The proposed project would be developed sensitive to natural open space and major landforms: 1,650.4 acres of the site would be preserved as Habitat Preserve. The Habitat Preserve would include hillsides with steep RESOLUTION NO. 114-2022
4 slopes to minimize landslide and mudslide hazards and to protect key visual resources.
4. The Project provides approximately 78 acres of public parklands for active and passive recreation (including sports fields and parks), private parklands, and 4.5 acres of trail lands consisting of perimeter trails and the Stowe Trail connections planned on the Project site, totaling 82.5 acres.
Mini-Parks, Neighborhood Parks, a Village Green, Linear Parks, and Community Parks are included.
5. The Development Plan contains a comprehensive pedestrian and bicycle trail system that provides connectivity within and between the villages and with the adjacent regional trails and local trails that connect to surrounding open space areas, residential neighborhoods, parks, and the Santee Town Center to the south. Multi-purpose trails would be within the street rights-ofway along Fanita Parkway and Cuyamaca Street, which would support pedestrian and bicycle travel. The multi-purpose trail along Cuyamaca Street would extend south off site to connect to the Santee Town Center and the San Diego River as part of the north–south regional corridor. Trail access in the Habitat Preserve would be subject to the requirements and provisions of the Public Access Plan and the City’s Draft MSCP Subarea Plan.
6. The Project includes an extension of Fanita Parkway along the western boundary of the property, an extension of Cuyamaca Street into the site, the Magnolia Avenue extension, and additional circulation improvements.
7. The Fanita Ranch Development Plan includes a comprehensive implementation chapter identifying public improvements, phasing, financing, and other plans according to projected need. Chapters 4 and 6 of the Fanita Ranch Development Plan also include illustrative plans showing prototype circulation systems and residential product types.
D. The Project is consistent with the General Plan pursuant to Urgency Ordinance No. 592, and the certification of the Project based on the City’s Essential Housing Project Credits Assessment Guide and Checklist demonstrates that the current development proposal for the Project site addresses the City’s immediate housing needs and furthers Santee General Plan objectives and policies. To be General Plan consistent, the Project need not be in perfect conformity with each and every policy set forth in the General Plan, but must be compatible with its general policies and objectives. In this instance, the Project is not in conformity with Guiding Principles for the Fanita Ranch site regarding (i) minimum lot sizes of six, ten and twenty-thousand square feet applicable to 20 percent, 20 percent and 60 percent of all lots, respectively, in the development, and (ii) the provision of a 200 acre man-made lake with non-reclaimed water, or in the alternative, the provision of a hotel/conference complex with an 18 hole golf course and related amenities. The RESOLUTION NO. 114-2022
5 Project is in conformity with the vast majority of the Guiding Principles and the policies and objectives of the Housing Element and remaining General Plan Elements. The City Council, in the exercise of its police powers and charter city powers, has determined that the Project is necessary and desirable to achieve the policies and objectives of its General Plan, and to address the critical housing shortage in furtherance of Urgency Ordinance No. 592.
1. The Project will include the production of 150 housing units, onsite or offsite, for a mix of very low, low, moderate and above-moderate income households, including, but not limited to, workforce housing, and will thereby assist the City of Santee in addressing the existing housing crisis in the City of Santee consistent with the findings of Urgency Ordinance No. 592. The Project addresses the City’s housing crisis by providing a mix of residential and nonresidential uses and a mix of housing types and sizes, and makes a significant financial contribution towards affordable housing.
2. The Project would implement mobility improvements, including bus stops, traffic calming, rideshare/carshare parking, and make a significant financial contribution to relieve congestion on SR-52.
3. In addition to preserving 1,650.4 acres in the Habitat Preserve, the Project would provide funding for the management of City-owned natural open space and would plant at least 10 trees per acre of land to be developed.
4. The Project will connect to recycled or advanced treated water when Padre Dam Municipal Water District’s (PDMWD) East County Advanced Water Purification project is completed.
5. The proposed project’s residential units would be all-electric and would exceed Title 24 standards by all-electric residential development, implementing heat pump technology, increasing solar production, and expanding ventilation systems. Appliances would be Energy Star rated, electric vehicle chargers would be provided in the Village Center, and solar panels would be installed on accessory buildings and car ports.
6. Wildfire safety would be ensured through implementation of fuel management zones and the Fire Protection Plan (FPP).
7. Many miles of trails and sidewalks would be provided with the Project, and the Project would fund additional improvements to offsite trail facilities. The Project’s extensive park and recreational facilities would exceed the Santee Municipal Code standards by at least five percent and would provide for multi-purpose playing fields and public recreational facilities for Citywide use.
RESOLUTION NO. 114-2022
6 E. The Santee City Council further finds that DR2022-4 is consistent with the “Adjacent Land Use Compatibility Guide” of the Land Use Element because:
1. The Fanita Ranch site is bordered by existing Santee residential neighborhoods to the south and the unincorporated residential communities of Lakeside and Eucalyptus Hills to the east;
2. Sycamore Canyon County Preserve and Goodan Ranch Regional Park are to the north; and
3. Marine Corps Air Station Miramar and PDMWD facilities, including Santee Lakes Recreation Preserve, lie west of the proposed Development Plan area.
These existing uses are buffered by natural open space areas which will be included in a Habitat Preserve ultimately managed in accordance with the Project’s Preserve Management Plan and Public Access Plan; these Plans include physical access control to minimize or prevent unauthorized access and signage.
F. The Project includes a cost revenue assessment (fiscal analysis), identification of required public improvements and a phasing plan for the public improvements and land uses.
SECTION 3: Development Review Permit DR 2022-4 for the construction of 2,949 residential units with a school, or 3,008 residential units without a school, 80,000 square feet of commercial use, a fire station, public utilities and facilities, public park facilities, a biological habitat preserve, a trail system that connects with regional recreational areas, and backbone roadways consistent with the Fanita Ranch Development Plan is hereby approved subject to the following conditions:
A. The Applicant shall implement, to the satisfaction of the Director of Development Services, all environmental impact mitigation measures identified in the Fanita Ranch Revised Environmental Impact Report (SCH No. 2005061118) including the Recirculated Sections of the Final Revised EIR, the CEQA Findings of Fact and Mitigation Monitoring and Reporting Program (MMRP) within in the timeframe specified in the MMRP.
B. All construction shall be in substantial conformance with the Development Plan and Vesting Tentative Map (TM2022-1). Copies of the Fanita Ranch Development Plan and VTM are available at the Department of Development Services.
C. Minor or Major Revisions to the Development Review Permit shall be approved in accordance with the Development Plan Implementation Procedures contained in the Fanita Ranch Development Plan, Chapter 10.
RESOLUTION NO. 114-2022
7 D. The Applicant shall obtain approval of Vesting Tentative Map TM2022-1. All conditions of that approval shall apply.
E. The Applicant shall obtain approval of Conditional Use Permits P2022-1, P2022- 2, and P2022-3. All conditions of those approvals apply.
F. The Applicant shall submit a Development Review application for projects identified in Section 10.6.5.1 of the Development Plan. Prior to submittal of a Development Review application, the Applicant must obtain Master Developer approval in accordance with Section 10.6.5.2 of the Development Plan.
G. The Applicant shall comply with the adopted Santee Subarea Plan or obtain permits issued by the Wildlife Agencies, as applicable.
H. Prior to approval of the first Final “A” Map:
1. Prior to approval of the first final map, the Applicant shall prepare and submit a Final Fanita Ranch Master Landscape and Water Management Plan for Director of Development Services’ review and approval. The Final Master Landscape and Water Management Plan shall be prepared at a scale of 1”=40’, shall demonstrate conformance with Section 13.36 of the Santee Municipal Code and shall contain the following major components unless waived by the Director of Development Services:
2. The Applicant shall prepare and submit a Master Planting Plan that includes trees, shrubs and groundcovers.
i. To prevent the spread of non-native vegetation and noxious weeds, landscaping within the development area shall avoid the use of invasive, non-native plants in close proximity to native vegetation.
Such species shall not be included in any landscaping or erosion control plans for the project.
ii. The landscaping for slopes adjacent to open space areas and the Habitat Preserve shall include native, fire-retardant species compatible with adjacent habitats and shall be consistent with the Development Plan and Fire Protection Plan. A qualified biologist shall review the landscape plans and confirm the use of appropriate plant materials.
iii. California native/drought-tolerant plants shall be used to the maximum extent feasible to minimize the need for irrigation. Where irrigation is necessary, then the system shall be designed and installed to prevent overspray or irrigation runoff during normal operations and during a break in the line.
RESOLUTION NO. 114-2022
8 iv. The landscaping selection for water quality features (such as water basins, bioswales) shall be selected in conformance with the latest Best Management Practices (BMP) Design Manual Fact Sheets. v. The Master Irrigation Plan shall that include mainline and point of connection.
vi. All landscape installations shall be subject to the Solar Shade Control Act of 1979, prescribed in Public Resources Code Sections 25980- 25986.
vii. The Master Planting Plan shall show enhanced landscaped parkways, including Fanita Parkway, Cuyamaca Street and Magnolia Avenue, and indicate that these enhancements (including irrigation) and landscaping are to be maintained by the HOA along the roadways that are otherwise not required by City roadway setbacks and improvement standards (i.e., areas outside the public right of way but areas visible by the general public and/or as deemed necessary by the Director of Development Services).
3. All permanent irrigation shall be installed underground and shall be automatically controlled. Above ground installation may be approved by the Director of Development Services where underground installation is infeasible. A conspicuous note shall be placed on Landscaping and Irrigation Plans that the Master Homeowners Association (MHOA) is responsible for immediate removal of above ground temporary irrigation lines that are no longer in use.
4. The Applicant shall prepare and submit a Maintenance and Monitoring Responsibility Plan that delineates private and public property and indicates maintenance responsibility.
5. The Applicant shall prepare and submit a Hardscape Master Plan that identifies enhanced paving types and finishes.
6. The Applicant shall prepare and submit a Trails Master Plan that identifies types, perimeter trailhead locations, signage, drainage, maintenance responsibilities, post and cable fencing or equivalent, and other amenities.
Motorized use trail barriers shall be installed where appropriate to minimize unauthorized off-road vehicle activity.
7. The pedestrian bridges over the riparian corridors connecting villages shall be designed in accordance with the requirements set forth herein; alternatives that achieve a similar level of safety, and durability may be approved to the satisfaction of the Director of Development Services. Refer to Conditions lettered S, U, and V for bridge construction timing. Pedestrian RESOLUTION NO. 114-2022
9 bridges shall provide clear access for two-way pedestrian and bicycle traffic.
Bollards shall be placed at both ends of the bridges to prevent access by vehicles. One trash receptacle with recycling storage shall be provided at each ends of the bridges. The ends of both bridges shall contain expanded metal frame screen underneath the truss frame and the sides at both ends to prevent climbing underneath or alongside the bridges by vandals.
8. Wall and Fence Master Plan that includes decorative wall type, material, height and location and addresses all on- and off-site fencing, freestanding walls, retaining walls and drainage basin fencing.
i. The exterior of all walls facing the public or private streets shall be graffiti-proofed in accordance with the Santee Municipal Code. ii. All fencing shall be painted or otherwise sealed to reduce water damage.
iii. Fencing adjacent to open space and the Habitat Preserve shall in accordance with the Fire Protection Plan.
iv. All fencing and access gates shall be located so as to provide access for landscape maintenance in Fuel Modification Zones.
v. Signage identifying the sensitivity of the Habitat Preserve as well as restricted activities shall be erected along the Preserve boundary. vi. All open space areas shall be posted with signage stating that dumping or disturbance of habitat is prohibited.
vii. Walls along Fanita Parkway and Cuyamaca Street shall include columns at intervals to create visual relief and architectural interest.
Walls, and columns shall have cap finishes.
viii. Slumpstone shall have natural integral color(s).
ix. Fuel Modification Plan that identifies brush management zones in accordance with the Fire Protection Plan is incorporated herein by reference.
x. Utility Coordination Plan that includes locations of utility boxes and vaults, demonstrating compliance with the City’s Design Guidelines and Surface Utility Maintenance Manual shall be included.
I. Prior to approval of the Final Map containing the school site:
1. The Applicant shall provide evidence and proof, to the satisfaction of the Director of Development Services, of an agreement with the Santee School District (“District”) regarding the need for the school site to be used by the District for a school, or written confirmation from Applicant that no such agreement has been reached after negotiations.
2. The Santee School District shall obtain all necessary permits, such as a Conditional Use Permit for the construction of a school consistent with Section 13.19.030, Planned Development District Use Regulations and RESOLUTION NO. 114-2022
10 General Requirements, or an Encroachment Permit consistent with Section
8.02.200 of the Santee Municipal Code.
3. In the event that the school site is not acquired for a public school use by the Santee School District within two years of filing of the final map for the phase in which the site is located, the underlying MDR land use designation may be implemented and the maximum total number of units permitted in the Development Plan area shall be increased to 3,008 units.
4. The 3,008 units shall be subject to the payment of Land Development Impact Fees, to include Traffic, Traffic Signal, Public Facilities, Park-in-lieu (if triggered) and RTCIP Mitigation Fees, in accordance with the current rates at the time of building permit issuance and satisfy the City’s Parkland Development Ordinance.
5. The Applicant shall agree to construct and secure, and thereafter construct and secure, to the satisfaction of the City Engineer, the following improvements:
i. All necessary improvements for providing ingress and egress to the school site. This requirement shall also include but is not limited to any required modification to medians, storm drainage system, street lights and irrigation improvements; and,
ii. If warranted, and upon the request of the City Engineer, traffic signal improvements for providing vehicular ingress and egress to the school site.
6. The Applicant shall provide a sewer manhole and a sewer lateral to the school site.
J. Prior to approval of the Final Map for lots within the Agricultural Overlay:
The Applicant shall obtain a Conditional Use Permit for agricultural uses consistent with Section 13.19.030, Planned Development District Use Regulations and General Requirements and the Development Plan.
K. Prior to approval of each Final “B” Map:
1. The Applicant shall phase and install sewer and/or water system improvements as required by PDMWD and shall grant the appropriate easements to PDMWD, as necessary.
2. The Applicant shall provide easements for all off-site public storm drain facilities, prior to approval of each final map requiring those facilities. The easements shall be sized as required by the City standards, unless RESOLUTION NO. 114-2022
11 otherwise approved by the City Engineer.
3. For Cuyamaca Street, Magnolia Avenue and Fanita Parkway, the Applicant shall process a joint use agreement for roads that cross other agencies’ existing easements to the satisfaction of the City Attorney and the other agency prior to the issuance of the Final Map for such road.
4. The Applicant shall develop a Public Information Program that includes a description of work to be done, a construction schedule, and project contact information for resolution of nuisances. This information shall be posted in publicly visible locations on Fanita Parkway, Cuyamaca Street and Magnolia Avenue at the appropriate times.
L. Prior to approval of each Grading Permit:
1. Prior to any activity that may potentially impact biological resources, such as clearing, grubbing, grading or maintenance activities, the Applicant shall comply with all applicable requirements of the California Department of Fish and Wildlife, the California State Water Resources Control Board, the U.S.
Fish and Wildlife Service and the U.S. Army Corps of Engineers.
2. Prior to any activity that may potentially impact biological resources, such as clearing, grubbing, grading or maintenance activities, the Applicant shall apply for and receive any applicable take permit/authorization from the (i) U.S. Fish and Wildlife Service and California Department of Fish and Wildlife, or (ii) the City, if the Multiple Species Conservation Program (MSCP) City of Santee Subarea Plan is adopted and take authorization is received.
3. Prior to the issuance of a grading permit for areas depicted on Exhibit A, attached hereto, a surface inventory of sensitive areas adjacent to the proposed project development footprint (but located outside the area of potential effect) shall be completed. This survey will be limited to 300 feet from the development footprint and will be focused on areas that are known to be sensitive for cultural resources. In the event a cultural resource and/ or “Tribal Cultural Resource” is identified adjacent to the development footprint, the resource will be recorded using Department of Parks and Recreation Series 523 forms and “Environmental Sensitive Area” fencing shall be put in place prior to ground disturbing activities, and shall remain in place until project-related ground disturbance is complete. Because these areas are outside of the project development footprint and will not be impacted by the development, no further analysis beyond a surface inventory will be required to be conducted.
RESOLUTION NO. 114-2022
12 4. The special fragment discovered on the surface within CA-SDI-8345 shall be reburied in a place to a depth of at least six feet, by Kumeyaay representatives, and with appropriate reverence and dignity.
5. The Applicant shall create a perpetual funding mechanism for the maintenance, management and monitoring of the onsite Habitat Preserve to the satisfaction of the Director of Development Services.
M. Prior to the approval of the first Final “B” Map:
1. The Applicant shall submit evidence, acceptable to the City Engineer and the Director of Development Services, of the formation of a Master Homeowner’s Association (MHOA) or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements, except those areas maintained by the City or Community Facilities District, as applicable. The MHOA formation documents, which shall include the CC&Rs defined below, the Master Bylaws and the Articles of Incorporation, shall be subject to the approval of the City Attorney.
2. The Applicant shall submit Covenants, Conditions and Restrictions (CC&Rs) for review and approval of the Director of Development Services prior to recordation and pursuant to the conditions imposed for Vesting Tentative Map TM2022-1, Conditional Use Permits P2022-1, P2022-2, and P2022-3, and Development Review Permit DR2022-4. The CC&Rs shall include the following:
i. A requirement that the MHOA shall maintain comprehensive general liabilities insurance against liability incident to ownership or use of the following areas:
a) All private open space lots;
b) Other MHOA property, to include, but not limited to, neighborhood and mini-parks, the riparian linear parks and two (2) pedestrian bridges.
ii. A statement that before any revisions to provisions of the CC&Rs that may particularly affect the City which shall be identified in the CC&Rs can become effective, the City shall review said revisions and if acceptable to the City, the City will approve said revisions. The MHOA shall not seek approval from the City of said revisions without the prior consent of 65 percent of the holders of first mortgages or property owners within the MHOA, or the maximum percentage prescribed by the Department of Real Estate.
RESOLUTION NO. 114-2022
13 iii. A requirement that the MHOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from injuries caused by the maintenance activities of the MHOA.
iv. A requirement that the MHOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 65 percent of the holders of first mortgages or property owners within the MHOA, or the maximum percentage prescribed by the Department of Real Estate. v. A requirement that the MHOA procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney.
vi. A requirement that the MHOA shall not dedicate or convey public streets or land used for private streets without approval of 65 percent of all the MHOA members or holder of first mortgages within the MHOA, or the maximum percentage prescribed by the Department of Real Estate.
vii. A restriction for each lot adjoining open space lots containing walls maintained by the MHOA to ensure that the property owners know that the walls may not be modified or supplemented without approval of the City and the MHOA. The MHOA shall provide written approval of such changes prior to City review.
viii. For each development phase, a list or description of all streets, driveways, fuel modification zones, drainage and sewage systems that are private and required to be maintained by the MHOA and provisions assuring their maintenance. No private facilities shall be requested to become public unless all homeowners and 65 percent of the first mortgage obliges, or the maximum percentage prescribed by the Department of Real Estate, have signed a written petition. ix. Provisions assuring MHOA membership in the USA Dig Alert Service in perpetuity. The MHOA will be required to mark out all underground MHOA facilities upon advance notice by the USA Dig Alert Service. x. Provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the same as any owner in the project.
RESOLUTION NO. 114-2022
14 xi. A provision setting forth that restrictions in the Vesting Tentative Map conditions may not be revised at any time without prior written permission of the City.
xii. A provision that the City is to review all proposed landscaping within the MHOA owned areas to ensure plant palettes and irrigation systems are designed to use water efficiently. The MHOA shall ensure individual homeowner landscape plans submitted to the MHOA for review comply with the City Water Efficient Landscape Guidelines then in effect.
xiii. Provisions for the maintenance of all walls, fences, lighting structures, paths, recreational amenities (except CP-1 and NP-8) and landscaping, consistent with the approved Master Landscape Plan.
xiv. Provision for an education and enforcement program to prevent the discharge of pollutants from all on-site sources to the storm water conveyance system.
xv. Provision for on-going resident, commercial lessee, school administration and visitor education outreach regarding wildfire safety, employing the “Ready, Set, Go” pre-planning model or similar.
xvi. Plants identified in Appendix F of the Fire Protection Plan shall be prohibited.
xvii. A provision that provides all prospective residents notice that the project site is within the vicinity of MCAS Miramar and provides the residents with an “Overflight and Military training disclosure” document during any real estate transaction or prior to lease signing.
The Overflight and Military training disclosure shall be submitted to the Director Development Services for review and approval. xviii. A provision that provides all prospective residents notice of the onsite farm and provides the residents with a “Right to Farm” covenant to protect the ongoing operation of agricultural uses The Right to Farm covenant shall be provided during any real estate transaction or prior to lease signing. The Right to Farm covenant shall be submitted to the Director of Development Services for review and approval. xix. A provision that provides all prospective residents notice of the location and operation of the PDMWD water treatment facility and future Advanced Water Treatment Facility expansion on property RESOLUTION NO. 114-2022
15 adjacent to Fanita Parkway. The notice shall be provided during any real estate transaction or prior to lease signing.
xx. The statement that the permittee and all persons, firms or corporations, owning the property subject to the VTM, their heirs, administrators, executors, successors, and assigns shall operate, maintain and repair the private streets, established fire lanes, fuel modification zones, landscape areas as shown in the Final Map and Final Fanita Ranch Master Landscape and Water Management Plan in accordance with the approved CC&Rs primarily for the benefit of the residents of the subject development.
xxi. The maintenance and operation of the common improvements shall be assured by the ownership of the subject landscape areas by the MHOA or the granting of an easement over such landscape to such MHOA, with each owner of a residential lot or condominium having a membership in such MHOA. As to the purchasers of each of the individual dwelling units in the subject development, such purchasers shall be members of the MHOA and the deeds conveying said individual units shall include provisions as: covenants running with the land requiring the owners, their heirs, administrators, successors and assigns to participate in the cost of such maintenance and operation, and the creation of a legal entity right to assess all owners in the cost of maintenance and of said facilities and capable of maintaining the improvements and said landscaping and walls, and for the participating of the owners of all dwelling units in the maintenance and enforcement of such provisions.
xxii. The statement that the City has the right, but not the obligation, to provide for the maintenance of all slope areas if the MHOA fails to perform its maintenance obligation. As set forth herein, if the City elects to perform such maintenance, the City shall give written notice to the MHOA, setting forth the maintenance which the City finds to be required and requesting the same be carried out by the MHOA within a period of 30 days from the giving of such notice. In the event the MHOA fails to carry out such maintenance of the slope areas within the period specified in the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the MHOA. In such event, the City shall submit a written invoice to the MHOA for all costs incurred by the City to perform such maintenance. If the MHOA does not pay such amounts when due, the City shall have the right to collect such amounts via any method available in law or in equity, including without limitation, recording a lien upon the property and/or each lot, as appropriate.
RESOLUTION NO. 114-2022
16 xxiii. A statement that the entitlements contain an approved Fanita Ranch Master Landscape and Water Management Plan pursuant to
DR2022-4 and that revisions to any plan shall require the approval of the Director of Development Services.
xxiv. A statement that established fire lanes shall be posted and striped “No Parking” to the satisfaction of the Santee Fire Chief. xxv. A statement that Recreational Vehicle parking shall not be allowed on the private or public streets within the project, except for temporary loading and unloading, consistent with the Santee Municipal Code and the Fanita Ranch Development Plan.
Recreational vehicles include boats and trailers.
xxvi. A statement that all private light fixtures shall be designed and adjusted to reflect light downward, away from any road or street and away from any adjoining premises or open space preserve and shall otherwise confirm to the requirements of Title 13 of the Santee Municipal Code.
xxvii. The MHOA shall enforce the obligation of residents to maintain private garages for automobile parking, subject to the requirements of California Civil Code Section 4751 and any other requirements of applicable law regarding accessory dwelling units.
xxviii. Trash receptacle shall be either stored in the individual garage or stored on-site and not visible from streets or driveways, excepting collection days.
xxix. A disclosure that Fanita Ranch is within the Wildland Urban Interface and identifies the site as within a High Fire Severity Zone for wildfire.
The Fire Protection Plan and Fire Evacuation Plan shall be incorporated by reference in the CC&Rs.
xxx. The MHOA shall ensure that all owners and tenants receive copies of the approved Fire Protection Plan and the Fire Evacuation Plan at point of sale or lease.
xxxi. A provision that the provisions in the CC&Rs affecting any rights of the City or any of the provisions required by the City may not be rescinded or amended without the prior written consent of the Director of Development Services.
N. Prior to issuance of any Building Permit:
1. The Applicant shall obtain final map approval and record the final map.
RESOLUTION NO. 114-2022
17 Within 30 days of final map recordation, the Applicant shall provide one mylar copy of the recorded map to the Department of Development Services Engineering Division and three printed copies of the map for the City’s permanent record. The prints and mylar shall be in accordance with City standards.
2. Precise Grading (Plot) Plans shall be submitted to the Department of Development Services Engineering Division and be completed and accepted prior to issuance of any building permits or start of construction of the street improvements. The plans shall be prepared at a scale of 1” = 20’.
Plan format and content shall comply with Engineering Division standards.
3. The Applicant shall submit an analysis of the “as built” worst case fire sprinkler residual pressure. For lots resulting in marginal pressure, the plumbing designer shall evaluate the supply pipe sizing and spacing of sprinkler heads to optimize the performance of the system in the event of a power outage. For lots where the fire sprinkler designer determines that adequate sprinkler coverage cannot be provided during a power outage, a secondary power source shall be provided for these dwelling units to ensure adequate pressure in the event of a power outage. Said analysis, recommendations, materials and methods shall be implemented to the satisfaction of the Fire and Building Departments.
4. The Applicant agrees to hold the City harmless from and be fully responsible for the actual costs of the landscape maintenance associated with the Cuyamaca Street, Magnolia Avenue and Fanita Parkway landscape improvements for a period of five years following City Council acceptance of the public right-of-way and improvements. The Applicant has the right, but not the obligation, to extend its maintenance of these facilities for five additional separate one year periods, by giving written notice to the City 90 days before the end date of the current maintenance period. If the Applicant does not extend the maintenance period, the City shall thereafter be responsible for all maintenance (except bioswales) and the cost thereof.
The cost of the maintenance will be provided by either a landscape maintenance district, community services or facilities district or other funding source identified by the Applicant. The Applicant may apply to the City and the City agrees to consider the creation of a community services district, community facilities district or landscape maintenance district to fund, among other things, the costs of maintaining the landscaping specified in this paragraph.
5. The Applicant shall request the formation of a Community Facilities District (CFD) for the purpose of maintaining public interest landscape facilities within the project in the event the MHOA refuses or fails to do so for a period of six months following written notification from the City. In such event, the City may assess special taxes pursuant to the formation of the CFD for the RESOLUTION NO. 114-2022
18 purposes of maintaining said landscaping.
6. Maintenance of all landscaping and improvements shall be managed by a Homeowner’s Association. The Applicant shall provide a detailed plan(s) defining the limits of maintenance requirements as set forth in Exhibit B. If maintenance remains satisfactory, there shall be a $0 annual assessment to the property owners following transfer of the property to the district
7. A bond, equal to the cost of full landscape installation, will be required for a minimum of one year for any project requiring a development review permit or conditional use permit, with the exception of projects for single-family homes. The Director of Development Services may waive this requirement, provided special circumstances exist which alleviate the need for a bond.
8. The Applicant shall make the open space dedications required herein and shall, at no cost to City, identify a funding source, in perpetuity, for the management of the MSCP preserve areas within the Project, and specified mitigation areas, in a manner consistent with the development approvals.
9. Following issuance of a grading permit, the Applicant shall complete rough grading in accordance with the approved grading plans and the recommendations of the project’s geotechnical engineer. Following completion of the rough grading, the Applicant shall provide three originals of a rough grading report, which shall include a compaction report prepared by the geotechnical engineer, and a certification by the project civil engineer that all property corners, slopes, retaining walls, drainage devices and building pads are in conformance with the approved grading plans.
10. The Applicant shall provide the city with evidence of certification by the Santee School District (“District”) that any fee, charge, dedication, or other requirements levied by the District have been satisfied, or that the District has determined the fee, charge or other requirements do not apply to the construction.
11. The Applicant shall provide evidence to the City that on-site photovoltaic (PV) will generate renewable energy with a total design capacity of at least
12.147 megawatts (MW) for the Preferred Land Use Plan with School, or
12.038 MW for the Land Use Plan without School at full buildout of the Project. This is inclusive of 4MWh battery storage.
12. The Applicant shall pay all applicable Development Impact Fees in effect at the time of issuance of building permits. The current fees (FY 22/23) based on a total of 2,949 dwelling units and 80,000 sf of commercial development are:
RESOLUTION NO. 114-2022
19 SINGLE FAMILY (1,203 Units)
a. Drainage* $0
b. Traffic $ 5,157,261 or $ 4,287/unit
c. Traffic Signal $ 532,929 or $ 443/unit
d. Public Facilities** $ 9,164,454 or $ 7,618/unit
e. RTCIP Mitigation $ 3,233,916.63 or $ 2,688.21/unit
MULTI FAMILY (1,746 Units)
a. Drainage* $0
b. Traffic $ 4,677,534 or $ 2,679/unit
c. Traffic Signal $ 483,642 or $ 277/unit
d. Public Facilities** $ 11,993,274 or $ 6,869/unit
e. RTCIP Mitigation $ 4,693,614.66 or $ 2,688.21/unit
TOTAL RESIDENTIAL FEES = $ 39,936,625.29
NOTES:
*The City has determined that drainage fees are inapplicable to the Project given the drainage infrastructure to be installed by Applicant as a condition of approval and the reduction in drainage flows to the City’s public stormwater system from the Project site as a result of the Project implementation.
Development Impact Fee amounts shall be calculated in accordance with current fee schedule in effect at issuance of building permit. City of Santee fee rates are adjusted annually based on the change in the San Diego Consumer Price Index (CPI) and the RTCIP Mitigation fee is adjusted annually for inflation in an amount as determined by the SANDAG Board of Directors.. The Applicant shall pay all Development Impact Fees in effect at the time of issuance of building permits.
**Public Facilities Fees: The above amounts are subject to credits of up to
33.3% of these amounts. See Section 3.I of the Community Park Conditional Use Permit (Reso. No. 115-2022).
NON-RESIDENTIAL (80,000 SF Commercial)
a. Drainage* $0
b. Traffic $ 732,960 or $ 9,162 x SF/1000
c. Traffic Signal $ 118,240 or $ 1,478 x SF/1000
TOTAL COMMERCIAL FEES = $ 851,200.00
NOTE: The percent (%) of Impervious area* shall be calculated by a Registered Civil Engineer and submitted for review to the Engineering Department. The RESOLUTION NO. 114-2022
20 drainage fee shall be calculated based on the actual impermeable area created by the project including off-site street improvements or other improvements beyond the project boundary. Development Impact Fee amounts shall be calculated in accordance with current fee schedule in effect at issuance of building permit. City of Santee fee rates are adjusted annually based on the change in the San Diego Consumer Price Index (CPI). The Applicant shall pay all Development Impact Fees in effect at the time of issuance of building permits.
13. The Applicant shall pay to the City the sum of Two Million Six Hundred Thousand Dollars ($2,600,000.00) to be used by the City to fund the construction within the City of affordable housing. The City shall place these funds in a separate account and shall only use these funds for the purposes of funding or supporting affordable housing consistent with the City’s Housing Element and state law. The Applicant shall make this payment in three equal installments. The first payment shall be due on or before the issuance of the first Certificate of Occupancy (“COO”) for the Project; the second payment shall be due on or before the issuance of the 500th COO for the Project; and the third payment shall be due on or before the issuance of the 750th COO for the Project. However, the entire sum or remaining installments shall be due prior to April 14, 2029.
14. The Applicant shall pay to the City the sum of Two Million Six Hundred Thousand Dollars ($2,600,000.00) to be used by the City to fund an off-site infrastructure improvement project identified in the City Capital Improvement Program. The Applicant shall make this payment not later than the date on which the City issues the first grading permit for the Project.
15. The applicant or its designee shall provide evidence to the City of Santee that the proposed project will implement water conservation strategies that are designed to be as efficient as possible with potable water supplies and will achieve at least 20 percent indoor and outdoor water reduction compared to the average statewide water consumption rate at the time of project approval.
16. The water system for the proposed project would be designed to provide a minimum 2,500 gallons per minute for three hours of fire flow for singlefamily and multi-family residential and 3,500 gallons per minute for four hours of fire flow for commercial areas with fire hydrants spaced on average every 300 feet. The water system shall be designed and installed per PDMWD and Santee Fire Department requirements.
17. The Applicant shall pay appropriate fees to the Santee Elementary School District and Grossmont Union High School District.
RESOLUTION NO. 114-2022
21 O. Prior to Occupancy of any unit within each development phase, the developer shall complete the following:
1. At the time of request for transfer the Applicant consents to participate in an election process to ensure the timely annexation of the property to the Community Facility District, if formed pursuant to Section N(5) hereof. The Applicant, while majority property owner, shall vote affirmatively on the question of the property's annexation to the Community Facility District and subsequent property assessment.
2. Complete all grading and improvements substantially in accordance with the approved plans to the satisfaction of the Director of Development Services.
3. All slopes in excess of 3:1 shall be stabilized per the requirements of the MS4 Permit to prevent slope erosion, to minimize slope failures, and to prevent sediment from entering the storm water conveyance system; permanent landscaping and irrigation shall be installed no later than six months of completion of grading, or prior to occupancy, whichever comes first.
4. Plant all new trees in and within 10 feet of the public right-of-way with root control barriers; trees within the public right-of-way shall be subject to preservation and management in compliance with the City’s Urban Forestry regulations set forth in Chapter 8.06 of the City of Santee Municipal Code and the City’s Urban Forestry Management Plan adopted by the City Council on December 8, 2021.
5. Provide two print copies and a digital copy of both the final approved Storm Water Quality Management Plan and the Operation and Maintenance Plan.
6. Submit a print and digital copy of the BMP Certification package. The BMP certification package includes but is not limited to: ‘wet’ signed and stamped certification form(s), all BMP related product receipts and materials delivery receipts, an inspection and installation log sheet, and photographs to document each stage of BMP installation.
7. Prior to issuance of the final phase of occupancy of a unit, an executed contract must be in place with a qualified storm water service provider and a copy of the SWQMP provided to the consultant and the HOA.
8. Applicant shall construct a protective fencing system around all proposed permanent detention basins and the inlets and outlets of storm drain structures, as and when directed by the City Engineer concurrent with the construction of the drainage facility. The final fencing design and types of construction materials, shall be in accordance with the Master Wall and RESOLUTION NO. 114-2022
22 Fence Plan.
P. Street Lights, Traffic Signals and Striping:
1. At the time and in the manner determined by the City Engineer, the Applicant shall install all underground conduits, improvements, standards and luminaries for streetlights and traffic signals in conjunction with the construction of the applicable street improvements. In addition, the Applicant shall install mast arm, signal heads, and associated equipment when traffic signals warrant as determined by the City Engineer.
2. The Applicant shall obtain the approval of the City Engineer for striping plans for all collector or higher classification streets simultaneously with the associated improvement plans.
3. Portions of the roads adjacent to the Habitat Preserve area (designated Streets “V” and “W” on TM 2017-3) shall be marked with pavement markers in addition to roadway striping instead of standard roadside street lights.
Retroreflective Pavement Markers (pursuant to the Caltrans specifications) shall be spaced 24’ on center on these segments. A pedestrian-activated, low-level bollard lighting system shall be installed for the segments of these two streets where street lighting is not provided to the satisfaction of the City Traffic Engineer. Activation of the pedestrian lighting shall be passive and on each side of the street.
Q. Prior to approval of the first Development Review Permit within each Village Center, the Applicant shall demonstrate that the design includes a bike station as described in the Fanita Ranch Development Plan, Section 3.2.1E, subject to review and approval by the Director of Development Services.
R. Prior to approval of the Conditional Use Permit for the Farm (Parcels A-1 through A4), the Applicant shall submit a Farm Operations Manual, which shall address parking, lighting, hours of operation, special event attendee limitations, and onand off-site advertisement signage. The Director of Development Services shall review the Farm Operations Manual for conformance with the adopted Fanita Ranch Development Plan. The Farm Operations Manual shall state that the keeping, raising and boarding of large and small four-legged animals is permitted on the farm (Parcels A1, A2, A3, A,4 and A5, totaling 27.3 acres) and shall not exceed five animals per gross acre.
S. Prior to approval of construction plans/building permit issuance for the Community Park (Parcel CP-1), the Applicant shall prepare design documents/ final engineering plans for the pedestrian bridge connecting the Community Park (Parcel CP-1) to Fanita Parkway Right-of-Way for review and approval by the City Engineer and Director of Development Services.
RESOLUTION NO. 114-2022
23 T. Prior to approval of construction plans/building permit issuance for the Community Park (Parcel CP-1) and the Neighborhood Park Parcel 8 (Parcel NP-8), the Applicant shall submit detailed lighting plans and photometric analyses demonstrating that lighting has been designed to adequately minimize potential light spillage from sports fields and other park facilities into environmentally sensitive areas subject to review and approval by the Director of Development Services.
U. Prior to occupancy of the 222nd unit in Parcel AC-1, the Applicant shall commence construction of the pedestrian bridge between Fanita Parkway Right-of-Way and the Community Park (Parcel CP-1), with completion of the pedestrian bridge prior to occupancy of the final unit within Parcel AC-1.
V. Prior to occupancy of the 426th unit within the Orchard Village, the Applicant shall commence construction of the pedestrian bridge between Fanita Commons and Orchard Village, with completion of the pedestrian bridge prior to occupancy of the final unit within Orchard Village.
W. Prior to permit issuance for development within the Special Use Area:
1. A security gate shall be installed on Carlton Hills Boulevard to serve the “Special Use Area”, its location to be shown on final engineering plans. Any electronic or automatic gate installed at Special Use area access points shall not generate noise levels that exceed 65 A-weighted decibels at the access point. The site operator shall provide specifications from the manufacturer prior to gate installation, and the site operator agreement shall include proper maintenance of the gate. Proper maintenance shall include response within one (1) business day to complaints received by the site operator from residents or received from the City as a result of a complaint, regarding nuisance noise as a result of disrepair. The response shall detail measures that the site operator will take to address the complaint and a timeline, such as a scheduled maintenance appointment.’
2. Access to the Special Use area as a storage facility shall be limited to the hours of 7:00 a.m. to 7:00 p.m., with the exception of a special after-hours pickup and drop-off location. Stored property shall be relocated to or from the after-hours location during normal business hours because access to the regular storage facilities shall be restricted to 7:00 a.m. to 7:00 p.m. The after-hours location shall be secured with an additional access gate that can only be opened with a temporary gate code provided through prearrangement with the site operator. The after-hours location shall be more than 125 feet from the nearest existing receptors and shall be screened from existing receptors by the regular storage facilities.
RESOLUTION NO. 114-2022
24 3. The decorative perimeter wall / fence for the Special Use Area shall adequately screen abutting south and west residences subject to review and approval by the Director of Development Services
X. The Applicant previously has expended approximately $5,000,000 to fund feasibility studies and other efforts related to State Route 52 improvements.
Applicant shall fund an additional $5,000,000 to State Route 52 improvements pursuant to an agreement with Caltrans dated June 30, 2020. Applicant shall, in its sole discretion, provide additional support to facilitate the funding and construction of future phases of improvements to State Route 52. No Certificates of Occupancy for any residential dwelling units within the Project shall be issued until SR 52 improvements are substantially complete.
Y. The Applicant shall ensure that CC&Rs for each sub-association within the Project contains a provision that requires on-site guest parking spaces to be maintained for short-term parking by visitors of the development.
Z. The Applicant shall dedicate Conservation Easement(s) over the Habitat Preserve lots, excluding land for PDMWD facilities (sewer headworks, pump stations and reservoirs).
AA. Geotechnical certifications must be provided for PDMWD facilities to the satisfaction of the City Engineering and the Director of Engineering and Planning of PDMWD.
BB. Approval of the final design of the new entry to Santee Lakes at the intersection of Fanita Parkway and Ganley Road must be obtained from PDMWD and the City prior to commencement of work. The entrance shall include decorative entry elements, native trees and a designated area for signage.
CC. The sewer headworks facility and pump stations shall be constructed by the Applicant, and the necessary land granted in fee to PDMWD upon completion. The sewer headworks facility shall be completed in the first development phase.
DD. Water and sewer facilities located under or over wildlife crossing shall be designed to allow the required vertical clearances as specified by the Water Agencies’ Standards.
EE. Bedding materials used for underground water and sewer facilities that will be dedicated to PDMWD shall meet the requirements specified in the Water Agencies’ Standards or as approved for use by PDMWD.
FF. Fire hydrants shall be required within the Special Use Area to the satisfaction of the Fire Chief.
RESOLUTION NO. 114-2022
25 GG. All noise barriers shall be installed concurrently with the extension and widening of Fanita Parkway and Cuyamaca Street in accordance with the MMRP and streetspecific acoustical recommendations.
HH. Prior to the issuance of a building permit for the solar facility, the Applicant shall provide evidence of acceptance from MCAS Miramar that the panels will not adversely affect pilot vision on approach to the facility.
II. The construction contractor shall provide written notification to any existing uses within 300 feet of roadway construction activities pursuant to Section 5.04.090 of the Santee Municipal Code. The notification shall be provided no later than 10 days before the start of construction activities. The notice shall describe the nature of the construction activities, including the expected duration, and provide a point of contact to resolve noise complaints. If a complaint is received, construction noise shall be monitored by a qualified acoustical consultant at the nearest affected receptor for the duration of a normal day of construction. If the hourly average monitored noise level from construction exceeds a normal conversation level (65 A-weighted decibels) at the nearest sensitive receptor or the ambient noise level at the receptor if the ambient noise level exceeds 65 A-weighted decibels, construction activities in the immediate area of the affected receptor shall cease.
Construction shall not resume until activities can be adjusted or noise reduction measures are implemented to reduce noise at the affected receptor to below normal conversation levels (65 A-weighted decibels) or the ambient noise level at the receptor if the ambient noise level exceeds 65 A-weighted decibels. Monitoring results, and any necessary noise reduction measures shall be submitted to the Director of Development Services prior to the resumption of construction activities.
JJ. Medium- and heavy-duty truck trips shall be limited on Fanita Parkway. Truck trips shall be limited to 170 one-way trips (85 two-way trips) on Fanita Parkway during Phase 1 building construction activities and to a maximum of 140 one-way trips (70 two-way trips) on Fanita Parkway during simultaneous building construction activities and project operation. Worker vehicle trips are allowed on all roadways.
KK. The Applicant shall assist the City towards achieving the required provision of housing set forth in the Regional Housing Needs Assessment allocation as identified in the General Plan Housing Element for very low, low, moderate and above-moderate income households, as defined in Health & Safety Code section 50079.5, as follows:
1. Very Low Income Housing. The Applicant’s obligation to contribute $2.6 million to an affordable housing fund shall be deemed to satisfy this category.
2. Workforce Housing. Low and moderate income household categories shall be referred to herein as “Workforce Housing.” Prior to the issuance of a certificate of occupancy for the 250th dwelling unit within the project, the Applicant and City shall (i) enter into an affordable housing agreement for the provision of 150 RESOLUTION NO. 114-2022
26 Workforce Housing units, including a financing mechanism mutually acceptable to the parties, such as a Joint Powers Authority Essential Housing Bond Program, and (ii) identify potential on-site or off-site locations for the Workforce Housing.
Prior to the issuance of the certificate of occupancy for the 1,000th dwelling unit, the Workforce Housing shall be acquired (existing housing stock) or constructed (new housing) in accordance with the terms of the affordable housing agreement.
For good cause, the parties to the affordable housing agreement may modify the occupancy thresholds.
3. Above Moderate Income Housing. The Applicant will provide a variety of housing types within the project in this category, from townhomes to single-family housing.
SECTION 4. The Applicant shall demonstrate to the satisfaction of Director of Development Services that the project features and requirements set forth in the Essential Housing Program Certification for the project attached hereto as Exhibit C and incorporated herein have been timely implemented. Annually throughout project implementation, the Applicant shall provide the City with evidence of progress toward satisfaction of the applicable project features and requirements in the Essential Housing Program Certification.
SECTION 5: The Applicant shall defend, indemnify, and hold harmless the City and its officers, employees and agents from any claim, action, or proceeding against the City and/or its officers, employees or agents to attack or set aside, void, or annul the approval of the City of Santee concerning this Resolution or any action relating to or arising out of its approval.
SECTION 6: The terms and conditions of this Development Review Permit (DR2022-4) approval shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits and the heirs, executors, administrators, successors and assigns of each of them, including municipal corporations, public agencies and districts.
SECTION 7: In addition to all other available remedies, the City of Santee Municipal Code, Chapter 1.14, provides for the issuance of Administrative citations for Municipal Code violations. Should non-compliance with said terms and conditions of this Development Review Permit or any violation of the Municipal Code that includes the City’s Storm Water Ordinance, the City has the right to issue administrative citations containing an assessment of civil fines for each violation and collect administrative fines for violations.
SECTION 8: Pursuant to Government Code Section 66020, the 90-day approval period in which the Applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval, shall begin on September 14, 2022.
RESOLUTION NO. 114-2022
27 SECTION 9: This Development Review Permit (DR2022-4) shall remain valid in accordance with the provisions of the Vesting Tentative Map.
ADOPTED by the City Council of the City of Santee, California, at a regular meeting thereof held this 14th day of September 2022, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED:
JOHN W. MINTO, MAYOR
ATTEST:
ANNETTE ORTIZ, CMC, CITY CLERK
Exhibits A: Surface Areas Inventory
B: Fanita Ranch Maintenance Obligations
C: Essential Housing Program Certification
Development Footprint
1- - •
I. _ -
• 300-Foot Survey Buffer (Project COA)
N 0� ___ 1,�s�o_o ___ 3_,�
ooo J..
Feet �
Imagery provided by Microsoft Bing and its licensors © 2020. DR2022-4 RESOLUTION - EXHIBIT A 1 EXHIBIT B – DR2022-4 RESOLUTION
CHART OF MAINTENANCE OBLIGATIONS
2 3
Essential Housing Project Application Checklist
Project Name: Fanita Ranch
Date:
Credits
0 Credits
20 5
10 35
Credits
2 0
2 10
2 16
Credits
10 2
12 nd Use - 11 Max Creaits
Lqcation in Town Center - 2 Credits
Maximize Potential Density - 4 Credits
ouslng - 50 Max Credits (10 Required)
Affordable Housing (10% Low Income)- 20 Credits
-or- Contribution per market-rate unit
Affordable Housing (10% Moderate Income)- 10 Credits
-or- Contribution per market-rate unit
Mix of Unit Sizes- 5 Credits
Redevelopment of an Underutilized Site - 5 Credits
Number of Units Provided- 10 Max Credits
Subtotal
Mobility - 28 Max Credits
Location within Y. mile of bus stop - 2 Credits
Location within % mile of the trolley station - 5 Credits Location along a multimodal corridor - 5 Credits
Traffic calming - 2 Credits
SR-52 Contribution - 1 O Max Credits
P ssenger Loading Area or Rideshare - 2 Credits
Bike Repair Station and Bike Storage - 2 Credits
Subtotal
, Open Space and Conservation - 12 Max Credits
Contribution to City-owned Open Space - 1 O Max Credits Trees in Streetscapes and Parks - 2 Credits
Subtotal
Credits
2 2
4 2
5 5
5 25
Credits
5 5
10 Credits
4 5
10 19
Credits
2 5
7 124
SustalnabHlty - 44 Max Credits
Installation of Graywater System - 2 Credits
Connection to Recycled or Purified Treated Water- 2 Credits Exceeds Title 24 requirements - 2 Credits
All Energy Star Rated Appliances - 4 Credits
EV Chargers in Public Use areas (Level 2) - 5 Credits
EV Chargers in Public Use areas (Level 3) - 2 Credits
Solar Panels on Carports - 5 Credits
Solar Panels on Accessory Buildings - 5 Credits
Solar Water Heating - 2 Credits
Full Electrification of Residential Units - 5 Credits
Battery Systems - 10 Credits
Subtotal
100-ft Irrigated Fuel Modification Zones - 5 Credits
Implementation of Fire Protection Plan - 5 Credits
Subtotal
Trails and Sidewalks - 21 Max Credits
Enhanced Landscaped Parkways - 4 Credits
Safe Routes to Schools, Parks, and Transit - 2 Credits
Multiple Use Trails - 5 Credits
Trail Facilities Contribution - 10 Max Credits
Subtotal
Parks and Recreation - 7 Max Credits
Exceed parkland dedication requirement - 2 credits
Multi-purpose playing fiefds/public recreational facilities - 5 credits Subtotal
TOT AL Credits Across All Categories
A. Does the Project meet or exceed 10 Credits for housing and 50 Credits across all categories?./ Yes D No
8. Director's Determination - If Question in Section A, above, is checked "No", the Project is NOT an Essential Housing Project. If Question in Section A, above, is checked "Yes" the Project is determined an Essential Housing Project and can be certified as an Essential Housing Project by the Director of Development Services in Section C, below.
C. DIRECTOR'S CERTIFICATION: I, the undersigned, in my capacity as Director of Development Services for the City of Santee certify the �= �
s an
.
ssential Housing Project:
.
, ' tu�, .;;. i: . :il(µ {
Directo of Development Services Date '
DR RESOLUTION - EXHIBIT C
RESOLUTION NO. 115-2022
1 FANITA RANCH COMMUNITY PARK
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA
APPROVING THE APPLICATION OF HOMEFED FANITA RANCHO LLC FOR A CONDITIONAL USE PERMIT (P2022-1) FOR A NEW 31.2-ACRE PUBLIC
COMMUNITY PARK LOCATED IN THE FANITA COMMONS VILLAGE SHOWN ON LOT CP-1 OF FANITA RANCH VESTING TENTATIVE MAP TM2022-1 APN'S: 374-030-02; 374-050-02; 374-060-01; 376-010-06; 376-020-03; 376-030- 01; 378-020-46, 50, 54; 378-030-08; 378-210-01; 378-210-03, 04; 378-210-10, 11; 378-220-01; 378-381-49; 378-382-58; 378-391-59; 378-392-61, 62; 380-040-43, 44 (RELATED TO PROJECT NUMBERS: TM2022-1, P2022-2, P2022-3, DR2022-4, AEIS 2022-4, AEIS2017-11)
APPLICANT: HOMEFED FANITA RANCHO LLC
WHEREAS, on August 25, 2021, the City of Santee adopted Urgency Ordinance No. 592, declaring the need for an Essential Housing Program to boost housing production and improve housing affordability in the City to address and respond to the existing housing crisis in the City of Santee; and
WHEREAS, on November 29, 2021, the Applicant, HomeFed Fanita Rancho LLC, submitted an Essential Housing Project Application under Urgency Ordinance No. 592 for the Fanita Ranch Essential Housing Project (the “Project”); and WHEREAS, on December 27, 2021, the Director of Development Services certified the Project as an Essential Housing Project as it met the specified criteria in Urgency Ordinance No. 592; and
WHEREAS, the Project proposes a community consisting of approximately 2,949 housing units under a preferred land use plan with school, or 3,008 units under a land use plan without school, up to 80,000 square feet of commercial uses, parks, open space, and agricultural uses; and
WHEREAS, on May 4, 2022, pursuant to Urgency Ordinance No. 592, HomeFed Fanita Rancho LLC submitted the additional application materials for the Project consisting of a Fanita Ranch Development Review Permit DR2022-4, a Vesting Tentative Map TM2022-1, a Preliminary Application under the Housing Crisis Act of 2019 (Senate Bill 330), and Conditional Use Permits P2022-1, P2022-2 and P2022-3; WHEREAS, the subdivision and Development Plan creates 1,467 lots, including a public Community Park within the Fanita Commons Village of the Fanita Ranch Development Plan area; and
WHEREAS, pursuant to the Development Plan and other approvals for the proposed project, the Applicant shall construct and dedicate to the City for public use RESOLUTION NO. 115-2022
2 certain park facilities and related amenities including the Fanita Ranch Community Park; and
WHEREAS, the Fanita Ranch Development Plan specifies that public parks are subject to the approval of conditional use permits (CUPs) in accordance with the procedures set forth in Santee Municipal Code section 13.06.030; and WHEREAS, Fanita Ranch is designated Planned Development (PD) in the Municipal Code and General Plan; and
WHEREAS, the PD district requires that public parks, picnic areas and playgrounds be subject to the approval of CUPs in accordance with the procedures set forth in Santee Municipal Code section 13.19.030 and Table 13.19.030A; and WHEREAS, the requirement of the Fanita Ranch Development Plan that public parks be subject to the approval of CUPs is consistent with Santee Municipal Code Table
13.19.030A, which require approval of CUPs for parks, picnic areas and playgrounds in the City’s PD District; and
WHEREAS, Conditional Use Permit P2022-1 would allow the development of a
31.2-acre public Community Park, located adjacent to a proposed 15-acre school site shown on Exhibit A, which may include multi-purpose, flexible spaces featuring a community center, off-street parking, playground, community plaza, picnic area, open play areas, trails and AgMeander stations; and
WHEREAS, the draft Fanita Ranch Development Plan, Exhibit 7.2: Community Park Conceptual Plan, illustrates one potential layout for the Community Park, including:
i) Two multi-purpose ballfields, sport courts, restrooms, parking, tot lots, open play areas, and passive picnicking areas;
ii) The potential to include an aquatic element, community gathering plaza and dog park;
iii) A 7,000 – 10,000 square-foot community center to provide multi-purpose, flexible spaces to support recreation, learning, arts and crafts, social and service functions, and support spaces for staff offices, reception area, restroom and storage areas;
iv) Trails meandering throughout the park, including the passive eastern knoll containing natural rock formations and panoramic views, seating and interpretive elements;
v) Overlooks and interpretive elements along the north side of the park; vi) Connections between the park and 15-acre school site to the south; and WHEREAS, active use areas including lighted sports fields would be concentrated in the southwestern portion of the park, adjacent to a proposed school; and WHEREAS, previously, on September 23, 2020, the City Council certified the Final Revised Environmental Impact Report (“EIR”) (State Clearinghouse No. 2005061118) for a prior version of the Fanita Ranch Project (the “Prior Project”) and adopted several resolutions approving the Prior Project, including Resolution No. 097-2020 approving the RESOLUTION NO. 115-2022
3 application of HomeFed Fanita Rancho LLC for a Conditional Use Permit (P2017-5) for a new 31.2-acre public community park located in the Fanita Commons Village shown on Lot CP-1 of Fanita Ranch Vesting Tentative Map TM2017-3; and WHEREAS, subsequently, the San Diego County Superior Court (Case No. 37- 2020-00038168-CU-WM-CTL) granted a Petition for Writ of Mandate on March 25, 2022, ordering the City of Santee to set aside and vacate all resolutions and approvals pertaining to the Prior Project; and
WHEREAS, on May 25, 2022, the City Council adopted Resolution No. 070-2022, setting aside and vacating in their entirety the Prior Project approvals, including certification of the EIR; and
WHEREAS, in order to address the deficient portions of the EIR identified by the Court in Case No. 37-2020-00038168-CU-WM-CTL, the City prepared a Final Revised EIR, including the Recirculated Sections of the Final Revised EIR, which was released for public review from June 10, 2022 to July 25, 2022 in accordance with the provisions of the California Environmental Quality Act (“CEQA”); and WHEREAS, on September 2, 2022 the City of Santee published a notice of public hearing on Conditional Use Permit P2022-1 and related case files, to be held on September 14, 2022, in accordance with Section 13.04.100 of the Santee Municipal Code; and
WHEREAS, on September 14, 2022, the City Council held a duly advertised and noticed public hearing on Conditional Use Permit P2022-1 and other applications related to the Fanita Ranch Essential Housing Project; and
WHEREAS, the City Council considered the staff report, all recommendations by staff, the Final Revised EIR including the Recirculated Sections of the Final Revised EIR, the entire record and all public testimony.
NOW, THEREFORE, BE IT RESOLVED by the City of Santee City Council, after considering the evidence presented at the public hearing, as follows:
SECTION 1: The City Council has certified the Final Revised Environmental Impact Report (EIR) including the Recirculated Sections of the Final Revised EIR (Resolution No. 112-2022) pursuant to the California Environmental Quality Act and adopted Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Fanita Ranch Essential Housing Project.
The City Council hereby incorporates by reference, as if fully set forth herein, the Resolution certifying the Final Revised EIR and adopting the Findings of Fact, and Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the Fanita Ranch Essential Housing Project.
SECTION 2: The findings in accordance with Sections 13.06.030.E of the Santee Municipal Code for a Conditional Use Permit are made as follows:
RESOLUTION NO. 115-2022
4 A. That the proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the district in which the site is located because:
1. The Community Park envisioned by the Fanita Ranch Development Plan meets the intent of the General Plan Recreation Element goal of providing a system of public parks and recreational facilities which serve the citizens of Santee. Further, Fanita Ranch is a certified Essential Housing Project and therefore is consistent with all objectives and policies of the General Plan.
2. The Community Park meets the objectives of the Zoning Ordinance because:
i) It is included in the proposed Fanita Ranch Development Plan which includes site-specific land uses and Community Park illustrative development designs;
ii) Community Park would be designated in accordance with the Fanita Ranch Development Plan land use map;
iii) The Fanita Ranch Development Plan and conceptual design of the proposed Community Park are consistent with the broad purposes of the City’s zoning ordinance (Title 13 of the Santee Municipal Code), which are to a) implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan; b) to protect the physical, social, and economic stability for residential, commercial, industrial and other land uses within the City to assure its orderly and beneficial development; c) to reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements; and d) to attain the physical, social and economic advantages resulting from comprehensive and orderly land use and resource planning. (Santee Muni. Code § 13.04.010(C).)
3. The PD land use designation permit the Fanita Ranch Development Plan and the proposed land uses and zoning therein, including recreational uses and park sites. The Community Park will be consistent with the General Plan and the purposes of the Fanita Ranch Development Plan because both plans propose park sites and park amenities to serve the citizens of Santee.
B. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because:
1. The Community Park site is separated from existing developments in the vicinity. The site is proposed within the interior of the Development Plan area, generally in the northwest portion of the property, with natural habitat areas located to the north and west beyond the project boundary.
RESOLUTION NO. 115-2022
5 2. Once developed, the Community Park will be separated from residential uses by open space to the north, proposed local streets to the south and east, and the extension of Fanita Parkway to the west.
3. All Community Park site improvements are envisioned to enhance future surrounding uses including the Active Adult area to the north, the proposed school and Neighborhood Park NP-8 to the south, Village Center to the east and habitat preserve to the west. Outdoor site lighting will generally be shielded to avoid glare or illumination impacts to surrounding properties such as the habitat preserve. Pedestrian-scaled lighting will be a design element to visually unify the community in accordance with Development Plan Chapter 5, the Landscape Architecture, Community Design and Outdoor Lighting Design Plan. Lighting impacts from evening sports field use at the Community Park are reduced due to the distance, from the nearest existing residences on Strathmore Drive located more than 6,000 feet away.
4. Active use areas of the Community Park concept design are located to the west of the Village Center, and a passive park knoll is proposed closer to the uses in the Village Center. Noise impacts from sports field use at Community Park are reduced due to distance, to below an audible level at the nearest existing residences on Strathmore Drive located more than 6,000 feet away. Activities that require permitted amplified noise would be limited to normal park operation hours in compliance with the Santee Municipal Code section 8.08.150.
C. That the proposed use complies with each of the applicable provisions of the zoning ordinance because:
1. The subject property is located in the PD district of the City’s zoning map.
This zone district implements the proposed Fanita Ranch Development Plan which includes the 31.2-acre Community Park site.
2. The Fanita Ranch Development Plan establishes use regulations and illustrative design concepts for the various land uses, including recreational uses and park sites. Where specific zoning criteria is not established, the Fanita Ranch Development Plan defers to the City’s Municipal Code standards.
3. For uses allowed pursuant to Santee Municipal Code Table 13.19.030A, such as park use, all development standards are established by a development review permit, minor conditional use permit or a conditional use permit. This Conditional Use Permit (P2022-1) grants the uses, standards, and designs envisioned by the Fanita Ranch Development Plan for the Community Park site.
SECTION 3: The application for Conditional Use Permit P2022-1, to establish a public Community Park within the Fanita Ranch Development Plan illustrated on Exhibit A, is RESOLUTION NO. 115-2022
6 hereby approved subject to the following conditions:
A. The Applicant shall construct and dedicate to the City the Community Park.
B. The Applicant shall commence design of the Community Park when it files its first Final Map within the Project. The Applicant shall prepare all necessary building, grading, landscaping and other relevant plans, reports and specifications for review and approval by the City of Santee, including any required revisions, asbuilt drawings or other standard documentation required for plan-check and inspection purposes.
C. The Applicant shall submit all required City applications, forms and documents with Community Park construction plans to the Department of Development Services, and pay all applicable fees related to the plan check, inspection and improvement of the park.
D. Prior to approval of construction plans/building permit issuance for the Community Park (Parcel CP-1), the Applicant shall prepare design documents/ final engineering plans for the pedestrian bridge connecting the Community Park (Parcel CP-1) to Fanita Parkway Right-of-Way for review and approval by the City Engineer and Director of Development Services.
E. Prior to approval of construction plans/building permit issuance for the Community Park (Parcel CP-1), the Applicant shall submit detailed lighting plans and photometric analyses demonstrating that lighting has been designed to adequately minimize potential light spillage from sports fields and other park facilities into environmentally sensitive areas subject to review and approval by the Director of Development Services.
F. The Applicant shall commence construction of the Community Park at the time of application for the first building permit within the project. Construction of the park shall be in substantial conformance with the approved Fanita Ranch Development Plan and any subsequent amendments.
G. All construction activities related to the Community Park shall require prior approval by the Community Services Director and Director of Development Services, or their designee(s).
H. The Applicant shall comply with all applicable sections of the Municipal Code, Land Development Manual and Public Works Standards of the City of Santee unless otherwise superseded by the Fanita Ranch Development Plan or other authorization.
I. The Applicant shall complete construction of the Community Park no later than 36 months from commencement of construction. Following the City’s acceptance of the park, the City shall be solely responsible for the programming of the activities in the Community Park and the Community Center. However, the Applicant shall maintain the Community Park and the Community Center at no expense to the City for two years. All maintenance shall be performed consistent with, or exceed, City RESOLUTION NO. 115-2022
7 standards. After the termination of this two year maintenance period, the Applicant shall convey the Community Park to the City and thereafter have no maintenance obligations. Applicant shall receive a credit against the payment of public facility fees because Applicant is meeting its park acreage requirements on-site with the provision of approximately 46-48 acres of completed parkland and associated Community Center. Applicant shall be credited up to 33.3% of the required Public Facilities fee for the cost incurred in construction of the Community Center and the splash pad/play area.
J. The Community Park shall be designed and constructed to include the following amenities:
1. The Applicant shall either fund the expansion of the City’s existing aquatics facility in the City’s Town Center Community Park, or construct as part of the Project a publicly-accessible aquatic center, consisting, at a minimum, of a splash pad/play area of approximately 3,000 to 5,000 square feet. This splash pad/play area shall be located either in the Project’s Community Park or in the Project’s adjacent Village Center. If the Applicant elects to construct the splash pad/play area in the Community Park, the splash pad/play area shall be dedicated to the City, programmed and maintained in the same manner as the Community Park and Community Center.
Specifically, upon acceptance by the City, City will assume programming responsibility for the splash pad/play area, but the Applicant shall maintain the facility for an additional two year period. At the end of that maintenance period, City shall be responsible for maintenance; provided, however, that the Applicant shall be solely responsible for all maintenance and operation costs for the aquatic facility improvements that exceed the splash pad/play area minimum. In the event the Applicant elects to provide the aquatic facility improvements in the Project’s Community Park, such improvements may be installed in a separate phase from the Community Park construction and completed not later than 36 months from the application for the first building permit within the Project. The date for completion of the aquatic facility improvements may be extended up to two years with written approval of the City Manager. If the Applicant elects to construct the splash pad/play area in the adjacent Village Center, the facility will be owned, operated and maintained by Applicant, but shall be open to the general public.
K. The following minimum baseline amenities shall be provided, consistent with City of Santee standards except where specific sizes or other components are noted, subject to future public input into the actual park designs which may require the modification of amenities:
1. Two multi-purpose lighted, sports fields to support adult, recreational soccer, baseball and softball (approximately 2.0 acres), located on the southwest portion of the park site, consisting of natural turf and including appropriate safety fencing, drinking fountains, backstops, dugouts with benches, and viewing stands (to accommodate approximately 60 people, two 4-row bleachers), and warm up areas, in accordance with City Park and Recreation Department standards.
RESOLUTION NO. 115-2022
8 2. Comfort Station/Concession building (approximately 1,200 square feet total) and off-street parking lot to accommodate approximately 50 vehicles, to support programmed recreational uses on multi-purpose sports fields.
3. A publicly accessible Community Center (7,000 – 10,000 square feet) to include multi-purpose flexible spaces to support recreation activities (e.g., learning, arts and crafts, social and service functions, after-school children’s programs, public restrooms), staff offices with support spaces (e.g., reception area, restrooms, storage, etc.), and off-street parking lot to accommodate approximately 40 vehicles.
4. Large-scale, Children’s Play Area with universal access for older age group, ages 5-12 (appropriately sized for a community park), equipped with age-appropriate play elements, and resilient surfacing beneath.
5. Community gathering plaza which functions as in identifiable, central gathering space that signals a point of arrival at the park and enhanced with an identity element and/or focal point (e.g., public art, kiosk, significant landscaping with specimen tree, etc.).
6. Children’s Play Area for younger age group, ages 2-5 (appropriately sized for a community park) equipped with age-appropriate play elements, with resilient surfacing beneath, shade structures and protective barriers, where necessary.
7. Three lighted and fenced hardcourts to accommodate basketball and pickleball (two courts specifically designed for eight simultaneous pickleball games) with shade structure and benches for player’s queuing; lighting to be shielded as necessary to avoid glare or illumination impacts to the adjacent habitat preserve.
8. Multi-purpose turf areas for open, unstructured play (several locations, approximately ¼-acre minimum, each), including trees for shade, strategically placed to avoid deterrence of recreational activities, but enhance passive uses.
9. Off-leash dog areas, sized to accommodate small and large dogs, each enclosed by fencing and including seating areas, shade trees, and/or structures, and dog drinking fountain at entry.
10. Group picnic area (minimum grouping of five tables and three barbeques), one hot coals receptacle, with overhead, impervious shade structure, and paved surfacing to accommodate group functions; 5,000 – 10,000 square feet natural turf area adjacent to picnic area for overflow use.
11. Individual picnic areas strategically placed within park, quantity as necessary, including concrete pads, shaded by tree canopies and shade structures.
RESOLUTION NO. 115-2022
9 12. Paved pedestrian pathways a minimum of six (6) feet in width to interconnect park areas and amenities within the park and to the school site; Incorporate paved pathway to accommodate small children’s wheeled activities, such as tricycles, skates, etc. near children’s play area.
13. Larger paved paths to support maintenance and emergency vehicles, nine feet to 12 feet in width, as required.
14. Paved and unpaved (decomposed granite) trails meandering throughout park which interconnect to provide access to the passive eastern knoll (containing natural rock formations and panoramic views), as well as to the riparian area on north side of park; observation/overlook viewing areas, including seating and interpretive signage, and AgMeander Stations, where appropriate, accessible to people with disabilities, as required by law.
15. Pedestrian-scaled security lighting, consistent with Chapter 5 of the Development Plan, along primary pathways within the park, shielded as necessary to avoid glare or illumination impacts to surrounding habitat preserves.
16. Three drinking fountains with jug fillers, strategically placed within the park.
17. Trash and recycling receptacles, strategically placed, quantity as necessary.
18. Wayfinding signage.
19. Park furnishings, such as benches and tables (both picnic and game tables) for miscellaneous use, bicycle racks and bicycle repair station, quantity as necessary.
20. Low maintenance landscaping in accordance with Chapter 5 of the Development Plan, to enhance the park experience for users.
L. Park design, construction and maintenance shall be consistent with, or exceed, City standards and practice; construction documents must be reviewed and approved by the City Engineer and Director of Community Services.
M. The Applicant shall implement, to the satisfaction of the Director of Development Services, the Sustainable Santee Plan (SSP), including but not limited to:
1. Constructing new public park buildings and facilities to meet or exceed California Green Building Code Tier 2 Standards.
2. Reducing the urban heat island effect by planting trees in all park parking lots.
3. Installing energy efficient equipment, lighting, and cool roofs.
RESOLUTION NO. 115-2022
10 4. Installing a rooftop photovoltaic solar system.
5. Installing a minimum of four E-Vehicle charging stations within parking areas.
N. The Applicant shall implement, to the satisfaction of the Director of Development Services, all environmental impact mitigation measures identified in the Fanita Ranch Revised Environmental Impact Report, including the Recirculated Sections of the Final Revised EIR (SCH No. 2005061118), the CEQA Findings of Fact and Mitigation, Monitoring and Reporting Program (MMRP) within the timeframe specified in the MMRP.
O. Minor Revisions to the Conditional Use Permit, such as changes to the conceptual site design and improvements identified in the Development Plan, shall be approved by the Director of Development Services. Major Revisions shall be reviewed and approved by the City Council.
SECTION 4: The terms and conditions of this Conditional Use Permit (P2022-1) approval shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits and the heirs, executors, administrators, successors and assigns of each of them, including municipal corporations, public agencies and districts.
SECTION 5: In addition to all other available remedies, the City of Santee Municipal Code, Chapter 1.14, provides for the issuance of Administrative citations for Municipal Code violations. Should non-compliance with said terms and conditions of this Conditional Use Permit or any violation of the Municipal Code that includes the City’s Storm Water Ordinance, the City has the right to issue administrative citations containing an assessment of civil fines for each violation and collect administrative fines for violations.
SECTION 6: Pursuant to Government Code Section 66020, the 90-day approval period in which the Applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval, shall begin on September 14, 2022.
SECTION 7: This Conditional Use Permit (P2022-1) shall remain valid in accordance with the provisions of the Development Plan and Vesting Tentative Map (TM2022-1).
RESOLUTION NO. 115-2022
11 ADOPTED by the City Council of the City of Santee, California, at a regular meeting thereof held this 14th day of September, 2022, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED:
JOHN W. MINTO, MAYOR
ATTEST:
__
ANNETTE ORTIZ, CMC, CITY CLERK
Exhibit A: Community Park Conceptual Plan
12 EXHIBIT A
Community Park Concept Plan
RESOLUTION NO. 116-2022
1 FANITA RANCH NEIGHBORHOOD PARK 8 (NP 8)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA
APPROVING THE APPLICATION OF HOMEFED FANITA RANCHO LLC FOR A CONDITIONAL USE PERMIT (P2022-2) FOR A NEW 4.2-ACRE PUBLIC
NEIGHBORHOOD PARK LOCATED IN THE FANITA COMMONS VILLAGE SHOWN ON LOT NP-8 OF FANITA RANCH VESTING TENTATIVE MAP TM2022-1 APN'S: 374-030-02; 374-050-02; 374-060-01; 376-010-06; 376-020-03; 376-030- 01; 378-020-46, 50, 54; 378-030-08; 378-210-01; 378-210-03, 04; 378-210-10, 11; 378-220-01; 378-381-49; 378-382-58; 378-391-59; 378-392-61, 62; 380-040-43, 44 (RELATED TO PROJECT NUMBERS: TM2022-1, P2022-1, P2202-3, DR2022-4, AEIS 2022-4, AEIS2017-11)
APPLICANT: HOMEFED FANITA RANCHO LLC
WHEREAS, on August 25, 2021, the City of Santee adopted Urgency Ordinance No. 592, declaring the need for an Essential Housing Program to boost housing production and improve housing affordability in the City to address and respond to the existing housing crisis in the City of Santee; and
WHEREAS, on November 29, 2021, the Applicant, HomeFed Fanita Rancho LLC submitted an Essential Housing Project Application under Urgency Ordinance No. 592 for the Fanita Ranch Essential Housing Project (the “Project”); and WHEREAS, on December 27, 2021, the Director of Development Services certified the Project as an Essential Housing Project as it met the specified criteria in Urgency Ordinance No. 592; and
WHEREAS, the Project proposes a community consisting of approximately 2,949 housing units under a preferred land use plan with school, or 3,008 units under a land use plan without school, up to 80,000 square feet of commercial uses, parks, open space, and agricultural uses; and
WHEREAS, on May 4, 2022, pursuant to Urgency Ordinance No. 592, HomeFed Fanita Rancho LLC submitted the additional application materials for the Project consisting of a Fanita Ranch Development Review Permit DR2022-4, a Vesting Tentative Map TM2022-1, a Preliminary Application under the Housing Crisis Act of 2019 (Senate Bill 330), and Conditional Use Permits P2022-1, P2022-2 and P2022-3; and WHEREAS, the subdivision and Development Plan would create 1,467 lots, including a public neighborhood park within the Fanita Commons Village of the Fanita Ranch Development Plan area; and
WHEREAS, pursuant to the Development Plan and other development approvals RESOLUTION NO. 116-2022
2 for the proposed project, the Applicant shall construct and dedicate to the City of Santee for public use certain park facilities and related amenities including the Fanita Ranch Neighborhood Park NP-8; and
WHEREAS, the Fanita Ranch Development Plan specifies that public parks are subject to the approval of conditional use permits (CUPs) in accordance with the procedures set forth in Santee Municipal Code section 13.06.030; and WHEREAS, Fanita Ranch is designated Planned Development (PD) in the Municipal Code and General Plan, respectively; and
WHEREAS, the PD district requires that public parks, picnic areas and playgrounds be subject to the approval of CUPs in accordance with the procedures set forth in Santee Municipal Code section 13.19.030 and Table 13.19.030A; and WHEREAS, the requirement of the Fanita Ranch Development Plan that public parks are subject to the approval of CUPs is consistent with Santee Municipal Code Table
13.19.030A, which requires approval of CUPs for parks, picnic areas and playgrounds in the City’s PD District; and
WHEREAS, approval of this Conditional Use Permit P2022-2 would allow the development of a 4.2-acre public Neighborhood Park, NP-8, located adjacent to a proposed 15-acre school site shown on the Neighborhood Park NP-8 Conceptual Plan attached hereto as Exhibit A, which may include play fields, open play areas, and other amenities; and
WHEREAS, the draft Fanita Ranch Development Plan, Exhibit 7.2: Community Park Conceptual Plan illustrates one potential layout for a Community Park and adjacent Neighborhood Park NP-8, including two youth soccer fields; and WHEREAS, previously, on September 23, 2020, the City Council certified the Final Revised Environmental Impact Report (“EIR”) (State Clearinghouse No. 2005061118) for a prior version of the Fanita Ranch Project (the “Prior Project”) and adopted several resolutions approving the Prior Project, including Resolution No. 098-2020 approving the application of HomeFed Fanita Rancho LLC for a Conditional Use Permit (P2020-2) for a new 4.2 acre public neighborhood park located in the Fanita Commons Village shown on Lot NP-8 of Fanita Ranch Vesting Tentative Map TM2017-3; and WHEREAS, subsequently, the San Diego County Superior Court (Case No. 37- 2020-00038168-CU-WM-CTL) granted a Petition for Writ of Mandate on March 25, 2022, ordering the City of Santee to set aside and vacate all resolutions and approvals pertaining to the Prior Project; and
WHEREAS, on May 25, 2022, the City Council adopted Resolution No. 070-2022, setting aside and vacating in their entirety the Prior Project approvals, including certification of the EIR; and
RESOLUTION NO. 116-2022
3 WHEREAS, in order to address the deficient portions of the EIR identified by the Court in Case No. 37-2020-00038168-CU-WM-CTL, the City prepared a Final Revised EIR, including the Recirculated Sections of the Final Revised EIR, which was released for public review from June 10, 2022 to July 25, 2022 in accordance with the provisions of the California Environmental Quality Act (“CEQA”); and WHEREAS, on September 2, 2022 the City of Santee published a notice of public hearing on Conditional Use Permit P2022-2 and related case files, to be held on September 14, 2022, in accordance with Section 13.04.100 of the Santee Municipal Code; and
WHEREAS, on September 14, 2022, the City Council held a duly advertised and noticed public hearing on Conditional Use Permit P2022-2 and other applications related to the Fanita Ranch Essential Housing Project; and
WHEREAS, the City Council considered the staff report, all recommendations by staff, the Final Revised EIR including the Recirculated Sections of the Final Revised EIR, the entire record and all public testimony.
NOW, THEREFORE, BE IT RESOLVED by the City of Santee City Council, after considering the evidence presented at the public hearing, as follows:
SECTION 1: The City Council has certified the Final Revised Environmental Impact Report (EIR) including the Recirculated Sections of the Final Revised EIR (Resolution No. 112-2022) pursuant to the California Environmental Quality Act and adopted Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Fanita Ranch Essential Housing Project.
The City Council hereby incorporates by reference, as if fully set forth herein, the Resolution certifying the Final Revised EIR and adopting the Findings of Fact, and Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the Fanita Ranch Essential Housing Project.
SECTION 2: The findings in accordance with Section 13.06.030.E of the Santee Municipal Code for a Conditional Use Permit are made as follows:
A. That the proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the district in which the site is located because:
1. The neighborhood park envisioned by the Fanita Ranch Development Plan meets the intent of the General Plan Recreation Element goal of providing a system of public parks and recreational facilities which serve the citizens of Santee.
2. The neighborhood park meets the objectives of the Zoning Ordinance because:
RESOLUTION NO. 116-2022
4 i) It is included in the proposed Fanita Ranch Development Plan which includes site-specific land uses and neighborhood park illustrative development designs;
ii) Neighborhood Park NP-8 would be designated in accordance with the Fanita Ranch Development Plan land use map;
iii) The Fanita Ranch Development Plan and conceptual design of the proposed Neighborhood Park are consistent with the broad purposes of the City’s zoning ordinance (Title 13 of the Santee Municipal Code), which are to a) implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan; b) to protect the physical, social, and economic stability for residential, commercial, industrial and other land uses within the City to assure its orderly and beneficial development; c) to reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements; and d) to attain the physical, social and economic advantages resulting from comprehensive and orderly land use and resource planning. (Santee Muni. Code § 13.04.010(C).)
3. The PD land use designations permit the Fanita Ranch Development Plan and the proposed land uses and zoning therein, including recreational uses and neighborhood parks. The neighborhood park will be consistent with the General Plan and the purposes of the Fanita Ranch Development Plan because both plans propose park sites and park amenities to serve the citizens of Santee. Further, Fanita Ranch is a certified Essential Housing Project and therefore is consistent with the objectives and policies of the General Plan.
B. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because:
1. The neighborhood park site is separated from existing developments in the vicinity. The site is proposed within the interior of the Development Plan area, generally in the northwest portion of the property, with natural habitat areas and open space located to the north, south and west beyond the park boundary.
2. Once developed, the neighborhood park will be separated from residential uses by a street and open space to the south, a school site to the east, and the extension of Fanita Parkway to the west.
3. The neighborhood park site improvements are envisioned to enhance future surrounding uses including the proposed Community Park to the northeast and school and Village Center to the east. Outdoor site lighting will be shielded to avoid glare or illumination impacts to surrounding properties, and pedestrian-scaled lighting will be a design element to visually unify the community in accordance with Development Plan Chapter 5, the RESOLUTION NO. 116-2022
5 Landscape Architecture, Community Design and Outdoor Lighting Design Plan.
4. In accordance with the Final Revised EIR, Section 4.12 (Noise), potential noise from the use of Neighborhood Park NP-8 would not be audible offsite due to distance.
C. That the proposed use complies with each of the applicable provisions of the zoning ordinance because:
1. The subject property is located in the PD districts of the City’s zoning map.
This zone district implements the proposed Fanita Ranch Development Plan which includes the 4.2-acre Neighborhood Park NP-8 site.
2. The Fanita Ranch Development Plan establishes use regulations and illustrative design concepts for the various land uses, including recreational uses and park sites. Where specific zoning criteria is not established, the Fanita Ranch Development Plan defers to the City’s Municipal Code standards.
3. For uses allowed pursuant to Santee Municipal Code Table 13.19.030A, such as park use, all development standards are established by a development review permit, minor conditional use permit or a conditional use permit. This Conditional Use Permit (P2022-2) grants the uses, standards, and designs envisioned by the Fanita Ranch Development Plan for the Neighborhood Park NP-8 site.
SECTION 3: The application for Conditional Use Permit P2022-2, to establish a public neighborhood park within the Fanita Ranch Development Plan illustrated on Exhibit A, is hereby approved subject to the following conditions:
A. The Applicant shall commence design of Neighborhood Park NP-8 when it files its first Final Map within the Project. The Applicant shall prepare all necessary building, grading, landscaping and other relevant plans, reports and specifications for review and approval by the City of Santee, including any required revisions, as-built drawings or other standard documentation required for plan-check and inspection purposes.
B. The Applicant shall submit all required City applications, forms and documents with Neighborhood Park NP-8 construction plans to the Department of Development Services, and pay all applicable fees related to the plan check, inspection and improvement of the park.
C. Prior to approval of construction plans/building permit issuance for the Neighborhood Park Parcel 8 (Parcel NP-8), the Applicant shall submit detailed lighting plans and photometric analyses demonstrating that lighting has been designed to adequately minimize potential light spillage from sports fields and RESOLUTION NO. 116-2022
6 other park facilities into environmentally sensitive areas subject to review and approval by the Director of Development Services.
D. The Applicant shall commence construction of the neighborhood park at the time of application of the first building permit within the project. Construction of the park shall be in substantial conformance with the approved Fanita Ranch Development Plan and any subsequent amendments.
E. All construction activities related to the neighborhood park shall require prior approval by the Community Services Director and Director of Development Services, or their designee(s).
F. The Applicant shall comply with all applicable sections of the Municipal Code, Land Development Manual and Public Works Standards of the City of Santee unless otherwise superseded by the Fanita Ranch Development Plan or other authorization.
G. The Applicant shall complete construction of Neighborhood Park NP-8 no later than 36 months from commencement of construction. Following the City’s acceptance of the park, the Applicant shall maintain the neighborhood park at no expense to the City for two years. All maintenance shall be performed consistent with, or exceed, City standards. After the termination of this two year maintenance period, the Applicant shall convey Neighborhood Park NP-8 to the City and thereafter have no maintenance obligations. The date for the completion of Neighborhood Park NP-8 may be extended by up to two years with written approval of the City Manager.
H. Neighborhood Park NP-8 shall be designed and constructed, in accordance with the Development Plan, to include publicly accessible play fields such as youth soccer, open play areas, and other amenities within the park to serve the public.
I. The following minimum baseline amenities shall be provided, consistent with City of Santee standards except where specific sizes or other components are noted, subject to future public input into the actual park designs which may require the modification of amenities:
i) Multi-purpose turf areas for open, unstructured play (several locations, approximately 1/4-acre minimum each), including trees for shade, strategically placed to avoid deterrence of recreational activities, but enhance passive uses.
ii) Two multi-purpose natural turf sports fields to support organized youth soccer (one U-12 size minimum, and one U-10 size minimum). iii) Off-street, pull-through, drop-off area to accommodate sports field uses; Off-street parking lot to accommodate 10 vehicles, including parking per ADA requirements, and on-street parking to accommodate a minimum of 20 vehicles.
iv) Children’s Play Area for younger age group, ages 2-5 (appropriately sized for a neighborhood park) equipped with age-appropriate play elements, RESOLUTION NO. 116-2022
7 with resilient surfacing beneath, shade structures and protective barriers, where necessary.
v) Shaded (tree canopy and impervious structure), picnic area to accommodate individual and group gatherings (minimum of five tables and three barbeques), one hot coals receptacle, with paved or decomposed granite surfacing.
vi) Central gathering space that signals the point of arrival at the park and enhanced with an identity element and/or focal point (e.g., public art, kiosk, significant landscaping with specimen tree, etc.).
vii) Paved pedestrian pathways, a minimum of six feet in width, to interconnect park areas and amenities; Incorporate paved pathway to accommodate small children’s wheeled activities, such as tricycles, skates, etc. viii) Pedestrian-scaled security lighting, consistent with Chapter 5 of the Development Plan, along primary pathways within the park, shielded as necessary to avoid glare or illumination impacts to surrounding habitat preserves.
ix) Two drinking fountains with jug fillers, strategically placed. x) Trash and recycling receptacles, strategically placed, quantity as necessary.
xi) Wayfinding signage.
xii) Low maintenance landscaping in accordance with Chapter 5 of the Development Plan, to enhance the park experience for users. xiii) Vinyl-coated fencing where necessary to protect park users and adjacent properties from recreational activities.
J. Park design, construction and maintenance shall be consistent with, or exceed, City standards and practice; construction documents must be reviewed and approved by the City Engineer and Director of Community Services; and park design shall undergo the City’s public input process.
K. The Applicant shall implement, to the satisfaction of the Director of Development Services, the Sustainable Santee Plan (SSP), including but not limited to:
i) Constructing new public park buildings and facilities to meet or exceed California Green Building Code Tier 2 Standards;
ii) Reducing the urban heat island effect by planting trees in all park parking lots;
iii) Installing energy efficient equipment, lighting, and cool roofs; and iv) Installing one E-Vehicle charging station if parking is provided on-site (refer to Condition H iii).
L. The Applicant shall implement, to the satisfaction of the Director of Development Services, all environmental impact mitigation measures identified in the Fanita Ranch Final Revised EIR, including the Recirculated Sections of the Final Revised EIR (SCH No. 2005061118), the CEQA Findings of Fact and Mitigation, Monitoring and Reporting Program (MMRP) within the timeframe specified in the MMRP.
RESOLUTION NO. 116-2022
8 M. Minor Revisions to the Conditional Use Permit, such as changes to the conceptual site design and improvements identified in the Development Plan, shall be approved by the Director of Development Services. Major Revisions shall be reviewed and approved by the City Council.
SECTION 4: The terms and conditions of this Conditional Use Permit (P2022-2) approval shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits and the heirs, executors, administrators, successors and assigns of each of them, including municipal corporations, public agencies and districts.
SECTION 5: In addition to all other available remedies, the City of Santee Municipal Code, Chapter 1.14, provides for the issuance of Administrative citations for Municipal Code violations. Should non-compliance with said terms and conditions of this Conditional Use Permit or any violation of the Municipal Code that includes the City’s Storm Water Ordinance, the City has the right to issue administrative citations containing an assessment of civil fines for each violation and collect administrative fines for violations.
SECTION 6: Pursuant to Government Code Section 66020, the 90-day approval period in which the Applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval, shall begin on September 14, 2022.
SECTION 7: This Conditional Use Permit (P2022-2) shall remain valid in accordance with the provisions of the Development Plan and Vesting Tentative Map (TM2022-1).
ADOPTED by the City Council of the City of Santee, California, at a regular meeting thereof held this 14th day of September, 2022, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED:
JOHN W. MINTO, MAYOR
ATTEST:
__
ANNETTE ORTIZ, CMC, CITY CLERK
RESOLUTION NO. 116-2022
9 EXHIBIT A
Neighborhood Park NP-8 Conceptual Plan
RESOLUTION NO. 117-2022
FANITA RANCH FIRE STATION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA
APPROVING THE APPLICATION OF HOMEFED FANITA RANCHO LLC FOR A CONDITIONAL USE PERMIT (P2022-3) FOR A NEW FIRE STATION LOCATED IN THE FANITA COMMONS VILLAGE SHOWN ON LOT VC-2 OF FANITA RANCH VESTING TENTATIVE MAP TM2022-1
APN'S: 374-030-02; 374-050-02; 374-060-01; 376-010-06; 376-020-03; 376-030- 01; 378-020-46, 50, 54; 378-030-08; 378-210-01; 378-210-03, 04; 378-210-10, 11; 378-220-01; 378-381-49; 378-382-58; 378-391-59; 378-392-61, 62; 380-040-43, 44 (RELATED TO PROJECT NUMBERS: TM2022-1, P2022-1, P2022-2, , DR2022-4, AEIS 2022-4, AEIS2017-11)
APPLICANT: HOMEFED FANITA RANCHO LLC
WHEREAS, on August 25, 2021, the City of Santee adopted Urgency Ordinance No. 592, declaring the need for an Essential Housing Program to boost housing production and improve housing affordability in the City to address and respond to the existing housing crisis in the City of Santee; and
WHEREAS, on November 29, 2021, the Applicant, HomeFed Fanita Rancho LLC submitted an Essential Housing Project Application under Urgency Ordinance No. 592 for the Fanita Ranch Essential Housing Project (the “Project”); and WHEREAS, on December 27, 2021, the Director of Development Services certified the Fanita Ranch project as an Essential Housing Project as it met the specified criteria in Urgency Ordinance No. 592; and
WHEREAS, the Project proposes a community consisting of approximately 2,949 housing units under a preferred land use plan with school, or 3,008 units under a land use plan without school, up to 80,000 square feet of commercial uses, parks, open space, and agricultural uses; and
WHEREAS, on May 4, 2022, pursuant to Urgency Ordinance No. 592, HomeFed Fanita Rancho LLC submitted the additional application materials for the Project consisting of a Fanita Ranch Development Review Permit DR2022-4, a Vesting Tentative Map TM2022-1, a Preliminary Application under the Housing Crisis Act of 2019 (Senate Bill 330), and Conditional Use Permits P2022-1, P2022-2 and P2022-3; and RESOLUTION NO. 117-2022
WHEREAS, the subdivision and Development Plan creates 1,467 lots, including a public fire station within the Fanita Commons Village of the Fanita Ranch Development Plan area; and
WHEREAS, pursuant to the Development Plan and other approvals for the proposed project, the Applicant shall construct and dedicate to the City a fully staffed and operational fire station; and
WHEREAS, Fanita Ranch is designated Planned Development (PD) in the Municipal Code and General Plan, respectively; and
WHEREAS, the PD district requires that public buildings be subject to the approval of conditional use permits (“CUPs”) in accordance with the procedures set forth in Santee Municipal Code section 13.19.030 and Table 13.19.030A; and WHEREAS, the Fanita Ranch Development Plan specifies that public buildings which includes the fire station are subject to the approval of CUPs in accordance with the procedures set forth in Santee Municipal Code section 13.06.030; and WHEREAS, the requirement of the Fanita Ranch Development Plan that public buildings are subject to the approval of CUPs is consistent with Santee Municipal Code Table 13.19.030A, which require approval of CUPs for public buildings in the City’s PD District; and
WHEREAS, Conditional Use Permit P2022-3 would allow the development of a
1.5-acre fire station, located within the Village Center of Fanita Commons; and WHEREAS, previously, on September 23, 2020, the City Council certified the Final Revised Environmental Impact Report (“EIR”) (State Clearinghouse No. 2005061118) for a prior version of the Fanita Ranch Project (the “Prior Project”) and adopted several resolutions approving the Prior Project; and
WHEREAS, subsequently, the San Diego County Superior Court (Case No. 37- 2020-00038168-CU-WM-CTL) granted a Petition for Writ of Mandate on March 25, 2022, ordering the City of Santee to set aside and vacate all resolutions and approvals pertaining to the Prior Project; and
WHEREAS, on May 25, 2022, the City Council adopted Resolution No. 070-2022, setting aside and vacating in their entirety the Prior Project approvals, including certification of the EIR; and
WHEREAS, in order to address the deficient portions of the EIR identified by the Court in Case No. 37-2020-00038168-CU-WM-CTL, the City prepared a Final Revised RESOLUTION NO. 117-2022
EIR, including the Recirculated Sections of the Final Revised EIR, which was released for public review from June 10, 2022 to July 25, 2022 in accordance with the provisions of the California Environmental Quality Act (“CEQA”); and WHEREAS, on September 2, 2022 the City of Santee published a notice of public hearing on Conditional Use Permit P2022-3 and related case files, to be held on September 14, 2022, in accordance with Section 13.04.100 of the Santee Municipal Code; and
WHEREAS, on September 14, 2022, the City Council held a duly advertised and noticed public hearing on Conditional Use Permit P2022-3 and other applications related to the Fanita Ranch Development Plan; and
WHEREAS, the City Council considered the staff report, all recommendations by staff, the Final Revised EIR including the Recirculated Sections of the Final Revised EIR, the entire record and all public testimony.
NOW, THEREFORE, BE IT RESOLVED by the City of Santee City Council, after considering the evidence presented at the public hearing, as follows:
SECTION 1: The City Council has certified the Final Revised Environmental Impact Report (EIR) including the Recirculated Sections of the Final Revised EIR (Resolution No. 112-2022) pursuant to the California Environmental Quality Act and adopted Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Fanita Ranch Essential Housing Project.
The City Council hereby incorporates by reference, as if fully set forth herein, the Resolution certifying the Final Revised EIR and adopting the Findings of Fact, and Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the Fanita Ranch Essential Housing Project.
SECTION 2: The findings in accordance with Sections 13.06.030.E of the Santee Municipal Code for a Conditional Use Permit are made as follows:
A. That the proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the district in which the site is located because:
1. The Fire Station envisioned by the Fanita Ranch Development Plan meets the intent of the General Plan Safety Element goal of minimizing injuries, loss of life, and property damages resulting from natural and humaninduced safety hazards because it will:
i. Be located to meet established response time standards for fire and life safety services.
RESOLUTION NO. 117-2022
ii. Respond to the rise in service demand on Fanita Ranch and the City as a whole.
2. Section 4.4 of the Safety Element recognizes that another fire station will be needed when the currently vacant Fanita Ranch develops.
3. The Fire Station meets the objectives of the Zoning Ordinance because:
i. It is included in the proposed Fanita Ranch Development Plan which includes a specific site for the fire station;
ii. The Fanita Ranch Development Plan and proposed fire station are consistent with the broad purposes of the City’s zoning ordinance (Title 13 of the Santee Municipal Code), which are to a) implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan; b) to protect the physical, social, and economic stability for residential, commercial, industrial and other land uses within the City to assure its orderly and beneficial development; c) to reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements; and d) to attain the physical, social and economic advantages resulting from comprehensive and orderly land use and resource planning. (Santee Muni. Code § 13.04.010(C).)
4. The PD land use designation permits the proposed land uses including a fire station. The fire station is consistent with the General Plan and the purposes of the Fanita Ranch Development Plan because both plans propose fire stations to serve the citizens of Santee.
B. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because:
1. The proposed fire station site is within the interior of the Development Plan area, generally in the central portion of the development area.
2. The proposed fire station site is bordered by streets to the north, east and west facilitating ingress and egress.
3. The proposed fire station site is located to meet a response time maximum of six minutes to all areas of the Project.
4. Any change to the location of the temporary fire station must be approved by the Santee Fire Chief
C. That the proposed use complies with each of the applicable provisions of the zoning ordinance because:
RESOLUTION NO. 117-2022
1. The subject property is located in the PD zone of the City’s zoning map.
This zone district implements the proposed Fanita Ranch Development Plan which includes the 1.5-acre fire station site.
2. The Fanita Ranch Development Plan establishes use regulations. Where specific zoning criteria is not established, the Fanita Ranch Development Plan defers to the City’s Municipal Code standards.
3. For uses allowed pursuant to Santee Municipal Code Table 13.19.030A, such as public building, all development standards are established by a development review permit, minor conditional use permit, or a conditional use permit. This Conditional Use Permit (P2022-3) grants the uses, standards, and designs envisioned by the Fanita Ranch Development Plan for the fire station site.
SECTION 3: The application for Conditional Use Permit P2022-3, to establish a public fire station within the Fanita Ranch Development Plan is hereby approved subject to the following conditions:
The Applicant shall construct and dedicate to the City a fire station.
A. The Applicant shall be solely responsible for the costs of constructing, equipping, staffing, outfitting, maintaining, operating and dedicating to the City a permanent fire station (including, but not limited to, utilities, water and sewer) necessary and sufficient to provide fire and life safety services to the Project, in accordance with the terms hereof. Applicant may elect first to construct, equip, staff, outfit, maintain and dedicate to the City a temporary fire station and then subsequently a permanent fire station, or Applicant may elect to construct the permanent fire station only. Construction of either the temporary or the permanent station must be completed before issuance of the first Certificate of Occupancy for a dwelling unit (not including model homes) for the Project. If Applicant elects to construct the temporary station, the construction of the permanent fire station must commence prior to the 750th Certificate of Occupancy for a dwelling unit and must be completed by the 1,250th Certificate of Occupancy for a dwelling unit, or within two years of commencement of construction, whichever is earliest.
Notwithstanding any other Project condition to the contrary, the permanent fire station must be completed no later than five years from the lumber drop for the framing of the first dwelling unit in the Project.
B. The permanent fire station shall meet all of the specifications described in Exhibit A, as well as any additional requirements set forth in the Project approvals. If the Applicant elects to first construct the temporary fire station, the temporary fire RESOLUTION NO. 117-2022
station shall meet all the specifications described in Exhibit B, as well as any additional requirements set forth in the Project approvals.
C. The Applicant shall prepare all necessary building, grading, landscaping and other relevant plans, reports and specifications for review and approval by the City of Santee, including any required revisions, as-built drawings or other standard documentation required for plan-check and inspection purposes.
D. The Applicant shall submit all required City applications, forms and documents with fire station construction plans to the Department of Development Services, and pay all applicable fees related to the plan check, inspection and improvement of the Fire Station.
E. All construction activities related to the fire station shall require prior approval by the Santee Fire Chief and Director of Development Services, or their designee(s).
F. The Applicant shall comply with all applicable sections of the Municipal Code, Land Development Manual and Public Works Standards of the City of Santee unless otherwise superseded by the Fanita Ranch Development Plan or other authorization.
G. Both the permanent fire station and, if any, the temporary fire station shall be fully staffed 24 hours a day, seven days a week. Full staffing means a total of three captains, three engineers and three firefighter/paramedics. Mandatory apparatus for the fire stations include one Type I Fire Engine and one type III wildland fire engine.
H. If the Applicant elects to first construct the temporary fire station, the temporary fire station must be located in an area which will meet a response time maximum of six minutes to all areas of the Project. The final location of the temporary fire station must be approved by the Santee Fire Chief.
I. If the Applicant elects to construct a temporary fire station, after completion of the permanent fire station, the City, at its sole election, may maintain ownership and use of the temporary fire station. If the City elects to maintain ownership and use of the temporary fire station, the City may continue to occupy the property on which the temporary fire station is located at its sole cost and expense, but without paying rent, for three years prior to vacating the site, or, at its sole election and cost, to move the temporary fire station to a different location outside of the Property or within the Property with the Applicant’s consent. If the City elects not to maintain ownership and use of the temporary fire station, Applicant shall be solely responsible for the temporary fire station.
RESOLUTION NO. 117-2022
J. Applicant shall be and shall remain responsible for all recurring costs related to the fire station (both temporary or permanent), exclusive of subsequent one-time capital expenditures, as described in this paragraph, or a portion thereof, as set forth below, until such time as the ad valorem property tax revenue derived from the property, and actually received by the City (“Ad Valorem Property Tax Revenue”), is sufficient to fund such recurring costs (“Fire Station Revenue Neutrality”). The City shall apply Ad Valorem Property Tax Revenue in excess of recurring costs to recurring costs incurred in subsequent years until such surplus is exhausted. In the event the Applicant believes that Fire Station Revenue Neutrality is achieved, Applicant shall provide the City with a Fire Station Revenue Neutrality report prepared by an independent third-party expert that documents the achievement of Fire Station Revenue Neutrality. The City shall cooperate with the expert and promptly provide any and all documents reasonably requested by the expert. The City shall have 60 days to review the Fire Station Revenue Neutrality report and to provide Applicant with a written response to the report. Moreover, Applicant may conduct an audit, at its own expense, of the costs which the City claims to have incurred in connection with the fire station, and the City will cooperate with such audit by promptly providing documentation reasonably requested. If there is disagreement that Fire Station Revenue Neutrality has been achieved, the City and Applicant shall meet and confer to attempt to resolve the dispute. If no agreement is reached, the City and Applicant may pursue appropriate legal remedies. Until a final determination is made regarding the achievement of Fire Station Revenue Neutrality, Applicant shall remain responsible for its share of the recurring costs associated with the fire stations as calculated pursuant to this paragraph.
K. Until achievement of Fire Station Revenue Neutrality, the City shall annually notify Applicant of the estimated costs associated with the temporary or permanent fire stations for the next fiscal year, after deducting therefrom any surplus Ad Valorem Property Tax Revenue remaining from prior years (“Fire Station Annual Estimate”).
Applicant shall quarterly advance to the City, starting July 1 of each year, onefourth (1/4th) of the Fire Station Annual Estimate (the “Quarterly Advance”). City shall use the Quarterly Advance to pay for the costs of the temporary or permanent fire stations for each subsequent quarter of the fiscal year. If the Quarterly Advance is insufficient to pay for the City’s actual costs for the temporary or permanent fire stations for that quarter, the City shall provide notice to Applicant of the deficiency, setting forth, with appropriate backup documentation, the basis for the deficiency. Applicant shall pay to the City the deficiency within 30 days of receiving the notice of deficiency. If the City’s actual costs are less than the Quarterly Advance for that quarter, the remaining balance in the Quarterly Advance will be used to offset the amount of the Quarterly Advance for the next quarter. The City shall provide Applicant with a final annual report regarding actual costs and associated Ad Valorem Property Tax Revenues, identifying any surplus RESOLUTION NO. 117-2022
or deficit, within 90 days from the end of each fiscal year. Recurring fire station costs shall be limited to the categories and descriptions set forth in Exhibit C.
L. Fire station design, construction and maintenance shall be consistent with, or exceed, City standards and practice; construction documents must be reviewed and approved by the City Fire Chief and Director of Development Services.
M. The Applicant shall implement, to the satisfaction of the Director of Development Services, the Sustainable Santee Plan (SSP), including but not limited to:
1. Constructing the new fire station to meet or exceed California Green Building Code Tier 2 Standards.
2. Reducing the urban heat island effect by planting trees in the parking lot.
3. Installing energy efficient equipment, lighting, and cool roofs.
4. Installing a rooftop photovoltaic solar system.
N. The Applicant shall implement, to the satisfaction of the Director of Development Services, all environmental impact mitigation measures identified in the Fanita Ranch Final Revised Environmental Impact Report (SCH No. 2005061118), including the Recirculated Sections of the Final Revised EIR, the CEQA Findings of Fact and Mitigation, Monitoring and Reporting Program (MMRP) within the timeframe specified in the MMRP.
O. Minor Revisions to the Conditional Use Permit, such as changes to the specifications and improvements identified in the Development Plan, shall be approved by the Director of Development Services. Major Revisions shall be reviewed and approved by the City Council.
SECTION 4: The terms and conditions of this Conditional Use Permit (P2022-3) approval shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits and the heirs, executors, administrators, successors and assigns of each of them, including municipal corporations, public agencies and districts.
SECTION 5: In addition to all other available remedies, the City of Santee Municipal Code, Chapter 1.14, provides for the issuance of Administrative citations for Municipal Code violations. Should non-compliance with said terms and conditions of this Conditional Use Permit or any violation of the Municipal Code that includes the City’s Storm Water Ordinance, the City has the right to issue administrative citations containing an assessment of civil fines for each violation and collect administrative fines for violations.
RESOLUTION NO. 117-2022
SECTION 6: Pursuant to Government Code Section 66020, the 90-day approval period in which the Applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval, shall begin on September 14, 2022.
SECTION 7: This Conditional Use Permit (P2022-3) shall remain valid in accordance with the provisions of the Development Plan and Vesting Tentative Map (TM2022-1).
ADOPTED by the City Council of the City of Santee, California, at a regular meeting thereof held this 14th day of September, 2022, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED:
JOHN W. MINTO, MAYOR
ATTEST:
__
ANNETTE ORTIZ, CMC, CITY CLERK
Exhibit A: Permanent Fire Station Specifications
Exhibit B: Temporary Fire Station Specifications
Exhibit C: Recurring Fire Operational Costs
RESOLUTION NO. 117-2022
EXHIBIT A
PERMANENT FIRE STATION SPECIFICATIONS
Overview
A Permanent fire station must be located in an area which will meet a response time maximum of six minutes to all areas of the proposed project. Design shall meet standards and features to accommodate Firefighters 24 hours a day, seven days a week. Components of the fire station include:
Approximate Square Footage 10,000
Public Areas
Lobby / Foyer
Offices (3)
Community / Training Room (40)
A/V Storage
Restrooms
Visitor Parking
Private Areas
Dayroom
Kitchen
Dining Room
Dorms (10)
Restrooms (6 individual)
Exercise Room
Employee Parking
Patio
Support Areas
Apparatus Room (3 wide, 2 deep)
Turnout Storage
Hose Storage
SCBA Storage
Equipment Storage
Medical Storage
Comms / Server Room
Shop / Tool Room
Mechanical Room
Electrical Room
Laundry (turnout and regular)
Hose Tower
RESOLUTION NO. 117-2022
Decontamination Shower
Fuel Station
Emergency Generator
Dumpster / Trash
Janitorial Storage
Air Compressor Room
Ice Machine
Electric, Air and Exhaust for all apparatus locations
Station Monument Sign
Flagpole
Solar Power Generation
Apparatus: One fully-equipped Type I fire engine and one fully-equipped Type Ill wildland fire engine
• Must be consistent with current fleet, Pierce Manufacturing • Both units must be fully equipped with hose, tools, etc.
EXHIBIT B
TEMPORARY FIRE STATION SPECIFICATIONS
Overview
A temporary fire station must be located in an area which will meet a response time maximum of six minutes to all areas of the proposed project. Design shall meet standards and features to accommodate three Firefighters 24 hours a day, seven days a week. Components of the fire station include: crew quarters, apparatus, apparatus storage, employee parking, physical training area, and allweather sur face.
Crew Quarters: Adequate for three personnel (approx. 28’X60’) • Three Individual bunk rooms (approx. 10X14)
o Three lockers in each room
o Desk in each room
o One Bed
• Restrooms
o Two restrooms each with shower
• Kitchen (8’X1 9’)
o Full-size oven with cooktop
o Microwave
o Three refrigerators
o Large sink
o Food preparation countertop
• Living area
o Three recliners
o Carpeted livingspace
o Commercial grade linoleum or equivalent
Apparatus: One fully-equipped Type I fire engine and one fully-equipped Type Ill wildland fire engine
• Must be consistent with current fleet, Pierce Manufacturing • Both units must be fully equipped with hose, tools, etc.
Apparatus Storage: Covered and secured structure
• Steel, or conventional structure
• Two apparatus side by side (individual doors or one large double door) • Adequate storage for miscellaneous equipment and supplies with shelving • Exhaust removal system, consistent with current brand used Employee parking: Secure for eight employee vehicles
Location: Response time to all areas of project within six minutes • Adequate egress from station out of project
Physical Training: May be an extension of the apparatus bay • Separated from apparatus with barrier wall
• Air conditioned
Surface: Concrete for entire station site
EXHIBIT C
RECURRING FIRE OPERATIONAL COSTS
RESOLUTION NO. __________
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTEE, CALIFORNIA, CALLING FOR THE
PLACEMENT OF A SPECIAL TAX MEASURE ON THE
NOVEMBER 5, 2024 REGULAR MUNICIPAL ELECTION
BALLOT, AT A GENERAL MUNICIPAL ELECTION TO BE
CONSOLIDATED WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD NOVEMBER 5, 2024, FOR THE
SUBMISSION TO THE QUALIFIED VOTERS OF A
BALLOT MEASURE TO INCREASE THE RATE OF THE
CITY’S SPECIAL PARCEL TAX FOR FIRE PROTECTION
SERVICES, AND SETTING RULES FOR ARGUMENTS
AND REBUTTALS FOR AND AGAINST SAID MEASURE
WHEREAS, the City of Santee (the “City”) is a charter city formed and operating under section 3 of article XI of the California Constitution and has the authority to provide fire protection and prevention services, including fire suppression services; and WHEREAS, the City has a duty to provide for the safety of its residents and members of the public by maintaining and providing adequate funding for fire protection and prevention services; and
WHEREAS, inadequate staffing and equipment for fire protection and prevention services may result in inadequate response times to emergency calls and pose a risk to the health, safety, and general welfare of the City’s residents and members of the public; and
WHEREAS, on April 9, 1980, voters within the Santee Fire Protection District approved a proposition authorizing the levy of availability charges for fire protection and prevention services pursuant to Government Code section 53972 et seq.; and WHEREAS, on April 8, 1985, the Santee Fire Protection District merged with the City, after which the City assumed full financial responsibility for the former Fire Protection District, which includes the ability to levy a special tax for fire protection and prevention services; and
WHEREAS, on June 23, 1993, the City adopted Resolution No. 101-93 authorizing the imposition of the availability charge at the maximum rates of $41.00 on each residential dwelling unit per year and $492.00 on each industrial, commercial and institutional building per year; and
WHEREAS, although the maximum availability charge rates for fire protection services have remained the same since June 23, 1993, the costs and expenses incurred by the City for the provision of fire protection and prevention services have increased substantially and the existing tax revenues will be insufficient to fund such services; and
RESOLUTION NO. __________
2 WHEREAS, the City must find a solution to provide adequate funding for its fire protection and prevention services in order to ensure the health, safety and general welfare of its residents and members of the public; and WHEREAS, pursuant to section 9222 of the California Elections Code and section 53978 of the Government Code, the City Council has authority to place measures on the ballot to be considered at a Municipal Election; and WHEREAS, pursuant to Government Code section 53978, the City Council is authorized to submit to the qualified electors of the City a ballot measure regarding the imposition of or increase to the City’s availability charge for fire protection services, which charge constitutes a special parcel tax for fire protection services; and WHEREAS, the City Council desires to increase and establish the City’s special parcel tax for fire protection services in an amount of $_____ per dwelling unit per year for each residential property, $_____ per building per year for each industrial, commercial and institutional property and $____ per acre or portion thereof, up to $____ per parcel, for each unimproved parcel per year; and
WHEREAS, pursuant to section 53739 of the Government Code, the City Council desires to provide a mechanism for increasing the City’s special parcel tax for fire protection services to account for inflation as calculated by the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All Urban Consumers, 1982-1984=100) for the San Diego County Metropolitan Statistical Area; and
WHEREAS, pursuant to California Constitution article XIII C, section 2(a) and California Government Code section 53721, the City’s existing and proposed availability charge for fire protection services constitutes a special parcel tax and the revenue thereof is and will be used for fire prevention and suppression activities; and WHEREAS, pursuant to California Constitution article XIII C, section 2(d) and California Government Code section 53722, no local government may impose, extend, or increase any special parcel tax unless and until that tax is submitted to the electorate and approved by a two-thirds (2/3) vote of the qualified electors voting in the election; and
WHEREAS, pursuant to Proposition 62 (California Government Code section 53724(c) and (d)), a local tax election may be consolidated with a statewide primary election, a statewide general election, or a regularly scheduled local election at which all of the electors of the local government are entitled to vote, or held on any other election date permitted by law; and
WHEREAS, pursuant to Santee Municipal Code section 2.36.010 and California Elections Code section 1301, the City’s General Municipal Elections are held on the same day as the statewide General Election in each even-numbered year, and the next regularly scheduled General Municipal Election for members of the City Council and the next statewide General Election will be held on Tuesday, November 5, 2024; and RESOLUTION NO. __________
3 WHEREAS, on ____________, 2022, the City Council held a public hearing after due notice regarding the proposed increase to the City’s special parcel tax for fire protection services and the election to be held for the purpose of increasing the rate for the City’s special parcel tax for fire protection services to the amount of $_____ per dwelling unit per year for each residential property, $_____ per building per year for each industrial, commercial and institutional property and $____ per acre or portion thereof, up to $_____ per parcel, for each unimproved parcel per year and providing a method for adjusting the special parcel tax rate to account for inflation; and WHEREAS, the measure and the terms of approval, and the collection and use of the revenues of the special parcel tax are described and provided for in the measure to be considered by the qualified voters, attached hereto as Exhibit “A” (the “Measure”) and by this reference made an operative part hereof, and in accordance with all applicable laws; and
WHEREAS, the City Council desires to submit the Measure to the voters at the November 5, 2024, General Municipal Election; and
WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of Voters of the County of San Diego to render specified services relating to the conduct of an election to any city or district which has by resolution requested the Board of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section, including that the City agrees that it will be bound by such terms and conditions as the Registrar of Voters may prescribe, agrees that it will reimburse the County in full for its costs and expenses in rendering such services, and agrees to indemnify and hold harmless the County, its officers, agents and employees from expense of liability, including reasonable attorney’s fees, as the result of an election contest arising after conduct of an election; and WHEREAS, pursuant to California Elections Code sections 9285 and 9286, the City Council further desires to establish rules and regulations for the preparation, submittal and printing of arguments and rebuttals for and against the Measure described herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. RECITALS. The City Council finds that all of the forgoing recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein.
Section 2. SUBMISSION OF BALLOT MEASURE. Pursuant to California Government Code section 53724 and any other applicable requirements of State law relating to charter cities, the City Council, by a majority vote, hereby orders the Measure attached hereto as Exhibit “A,” and by this reference incorporated herein and made an operative part hereof, to be submitted to the qualified voters of the City at the General Municipal Election to be held on Tuesday, November 5, 2024.
RESOLUTION NO. __________
4 Section 3. BALLOT MEASURE. The City Council, pursuant to its right and authority, does hereby order that the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3.
On the ballot to be submitted to the qualified voters at the Regular Municipal Election to be consolidated with the Statewide General Election held on Tuesday, November 5, 2024, in addition to any other matters required by law, there shall be printed substantially the following:
To fund emergency fire prevention and protection
services, shall the special parcel tax for the City of
Santee be increased from $____ to $_____ per
dwelling unit per year for residential property, from
$_____ to $_____ per building per year for industrial,
commercial and institutional property, and from
$____ per acre, or part thereof, up to $____ per
parcel, for unimproved property per year, to $____
per acre, or part thereof, up to $____ per parcel, for
unimproved property per year, and be amended to
include an annual adjustment to the special parcel
tax for inflation, until ended by voters?
YES
NO
Section 4. SPECIFIC PURPOSES. The specific purposes of the special parcel tax and the annual increases thereof are to pay for emergency fire prevention and protection, including fire suppression activities provided in the City, including, but not limited to, the cost of obtaining, furnishing, operating, and maintaining equipment, and paying the salaries, benefits, and all other necessary and related expenses of emergency fire personnel, equipment and apparatus as deemed necessary by the City Council or as required by law, regulation or contractual obligation of the City, and any incidental expenses incurred in the administration of the tax, including, but not limited to, the costs of the election, and the cost of collection. The proceeds of the special parcel tax shall be used only for the specific purposes identified herein. The proceeds of the special parcel tax shall be deposited in a special fund, to be created and maintained by the City.
Section 5. COMPUTATION AND COLLECTION. If the ballot measure increasing the City’s special parcel tax for fire prevention and protection services is approved by the qualified voters of the City, the City Council or an authorized designee is hereby authorized and directed each fiscal year, commencing with the fiscal year 2024-2025, to determine the special parcel tax amount to be levied for the next ensuing fiscal year for each taxable parcel of real property within the City, in the manner and as provided in accordance with ballot ordinance attached hereto as Exhibit A and the authorizations set forth therein including the annual increases for inflation to such. The special parcel tax shall be collected on behalf of the City in the same manner and subject to the same penalties as, or with, other charges and taxes fixed and collected by the City, or by the County on behalf of the City. The City Council or an authorized designee is hereby authorized and directed to provide all necessary information to the RESOLUTION NO. __________
5 Treasurer-Tax Collector of San Diego County to effect proper billing and collection of the special parcel tax, so that the installments of the tax shall be included on the secured property tax roll of San Diego County.
Section 6. INTEREST AND PENALTIES. If the ballot measure authorizing the City’s special parcel tax for fire prevention and protection services is approved by the qualified voters of the City, the special parcel tax shall be collected in the same manner as ordinary ad valorem taxes are collected, provided, however, that the City Council may authorize other appropriate methods of collection of the special parcel tax by appropriate resolution(s). The special parcel tax shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency, as provided for ad valorem taxes.
Section 7. ELECTION PROCEDURES.
A. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 5, 2024, and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 10418.
B. The ballots to be used at the election shall be in the form and content as required by law.
C. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of San Diego County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other elections being held in the same territory on November 5, 2024, and to having the Registrar of Voters render such election services to the City of Santee as may be requested by the City Clerk of said City, the County of San Diego to be reimbursed in full for such services as are performed.
D. The election services which the City of Santee requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots and guides; the establishment or appointment of precincts, voting centers, and election officers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Santee; and the performance of such other election services as may be requested by the City Clerk.
E. The City Clerk is authorized, instructed and directed to procure and RESOLUTION NO. __________
6 furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
F. That the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote-bymail procedures and timing, and election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of San Diego; and G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.
H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.
I. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.
J. The San Diego County Registrar of Voters is hereby authorized to canvass the returns of said election.
K. The City Clerk of the City of Santee shall receive the canvass as it pertains to the election on the Measure, and shall certify the results to the City Council, as required by law.
L. The City agrees to be bound by such terms and conditions as the Registrar of Voters may prescribe, and agrees to indemnify and hold harmless the County, its officers, agents and employees from expense of liability, including reasonable attorney’s fees, as the result of an election contest arising after conduct of an election.
Section 8. ARGUMENTS AND ANALYSIS.
A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and including the date set by the Registrar of Voters for the submission of direct arguments, after which no arguments for or against the RESOLUTION NO. __________
7 measure may be submitted to the City Clerk. Arguments in favor of or against the measure shall each not exceed 300 words in length.
Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the ballot pamphlet along with the ballot measure as provided by law.
The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s office at (insert phone number) and a copy will be mailed at no cost to you.”
Section 9. REBUTTALS. That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the various City initiated measures which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than the date set by the Registrar of Voters for the submission of rebuttal arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut
RESOLUTION NO. __________
8 Section 10. PLACEMENT ON THE BALLOT. The full text of the Measure shall not be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this Measure at no cost, upon request made to the City Clerk.
Section 11. DELIVERY OF RESOLUTION TO THE COUNTY. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Measure attached hereto as Exhibit "A", to the Clerk of the Board of Supervisors of San Diego County and to the Registrar of Voters of San Diego County.
Section 12. PUBLIC EXAMINATION. Pursuant to California Elections Code section 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide.
The Clerk shall post notice in the Clerk's office of the specific dates that the examination period will run.
Section 13. NOTICE. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed and directed to give such further or additional notice, in the time, form and manner required by law. The Registrar of Voters is hereby requested to publish any further or additional notice as required by law.
Section 14. ENACTMENT. Pursuant to California Constitution article XIII C section (2)(d) and California Government Code section 53722, if two-thirds (2/3) of the qualified voters voting in the election on Measure ___ vote in favor of the adoption of such measure, the proposed ordinance, as set forth in the ordinance attached hereto Exhibit “A,” shall be deemed valid and binding. The proposed ordinance shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect ten (10) days after that date.
Section 15. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Measure is not a “project” as defined by the California Environmental Quality Act (“CEQA”) because it involves the creation of a government funding mechanism or fiscal activity of government and does not commit the City to a specific project. Further, the proposed Measure does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. For the same reason, the proposed measure is exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) (Common Sense Rule), because it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. The Measure is also statutorily exempt from CEQA pursuant to State CEQA Guidelines section 15273, as it involves a modification of fees necessary to maintain fire suppression services within existing service areas.
RESOLUTION NO. __________
9 Section 16. SEVERABILITY. If any provision or clause of this Resolution, Measure __, or the proposed ordinance set forth in Exhibit “A” hereto, or any application of any of the forgoing to any person, firm, organization, partnership or corporation is held invalid, unconstitutional, or otherwise repealed by act of law, such invalidity shall not affect any other provisions or clauses of the same which can be given effect without the invalid provision, clause, or application. To this end, the provisions and clauses of this Resolution, Measure __, and the proposed ordinance set forth in Exhibit “A” hereto are declared to be severable.
Section 17. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption by a majority vote of all of the members of the City Council.
ADOPTED by the City Council of the City of Santee, California, at a Regular Meeting thereof held this ____ day of _______, 20__, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED
JOHN W. MINTO, MAYOR
ATTEST
ANNETTE ORTIZ, CMC, CITY CLERK
Attachment: Exhibit A – Ordinance Increasing the Rate of a Special Parcel Tax for Fire Protection Services
Exhibit A
EXHIBIT “A”
ORDINANCE INCREASING THE RATE OF A SPECIAL PARCEL TAX FOR FIRE
PROTECTION SERVICES AND AUTHORIZING AN ANNUAL INCREASE FOR
INFLATION TO THE AMOUNT OF THE SPECIAL PARCEL TAX RATE
WHEREAS, the City of Santee (the “City”) has a duty to provide for the safety of its residents and members of the public by maintaining and providing adequate funding for fire protection and prevention services, including fire suppression services; and
WHEREAS, on April 9, 1980, voters within the Santee Fire Protection District approved a proposition authorizing the levy of availability charges for fire protection and prevention services pursuant to Government Code section 53972 et seq.; and
WHEREAS, on April 8, 1985, the Santee Fire Protection District merged with the City, after which the City assumed full financial responsibility for the former Fire Protection District to include the ability to levy assessments for fire protection and prevention services; and
WHEREAS, on June 23, 1993, the City adopted Resolution 101-93 authorizing the imposition of the availability charge at the maximum rates of $41.00 on each residential dwelling unit per year and $492.00 on each industrial, commercial and institutional building per year; and
WHEREAS, although the maximum special parcel tax rates for fire protection services have remained the same since June 23, 1993, the costs and expenses incurred by the City for the provision of fire protection and prevention services have increased substantially and the existing tax revenues will be insufficient to fund such services; and
WHEREAS, the City must find a solution to provide adequate funding for its fire protection and prevention services in order to ensure the health, safety and general welfare of its residents and members of the public; and WHEREAS, the City desires to (i) increase the special parcel tax rate for fire protection services from the amount of $____ to $____ for each residential property per dwelling unit per year, from the amount of $____ to $____for each commercial, industrial, and institutional property per building per year, and from the amount of $____ per acre or portion thereof, up to $____per parcel, for each undeveloped parcel per year, to $____ per acre or portion thereof, up to $____per parcel, for each undeveloped parcel per year, and (ii) authorize an annual increase for inflation to the amount of each special parcel tax rate; and WHEREAS, the special parcel tax will be used for the purpose of providing funding for the City’s fire protection and prevention services.
Exhibit A
NOW THEREFORE, BE IT ORDAINED, by the people of the City of Santee as follows:
Section 1. SPECIAL PARCEL TAX FOR FIRE PROTECTION SERVICES.
The Special Parcel Tax for Fire Protection Services to be levied on a parcel, class of improvement to property, and use of property basis, shall be in amounts set forth in the following schedule:
Property Type Special Parcel Tax for Fire Protection Services Residential $____ per dwelling unit per year
Commercial $____ per building per year
Industrial $____ per building per year
Institutional $____ per building per year
Unimproved $____ per acre or portion thereof, up to $____ per parcel, per year
Section 2. SPECIAL PARCEL TAX FOR FIRE PROTECTION SERVICES – ADJUSTMENT. One (1) time each year, commencing on the first (1st) anniversary of the effective date of this ordinance and continuing on or after each anniversary thereafter, the amount of the Special Parcel Tax for Fire Protection Services may be adjusted. Such adjustment shall be directly proportional to the percentage change in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All Urban Consumers, 1982-1984=100) (“CPI”) that occurred during the previous one-year period for the San Diego County Metropolitan Statistical Area, but in no case shall the adjustment of the Annual Fee be less than two-percent (2%) nor more than five-percent (5%) over the previous year’s rate.
Section 3. SPECIAL PARCEL TAX FOR FIRE PROTECTION SERVICES – USE. All Special Parcel Taxes for Fire Protection Services collected pursuant to this ordinance shall be used exclusively for the purposes of paying for emergency fire prevention and protection services, including fire suppression activities provided in the City, including, but not limited to, the cost of obtaining, furnishing, operating, and maintaining equipment, and paying the salaries, benefits, and all other necessary and related expenses of emergency fire personnel, equipment and apparatus as deemed necessary by the City Council or as required by law, regulation or contractual obligation of the City, and any incidental expenses incurred in the administration of the tax, including, but not limited to, the costs of the election, and the cost of collection.
Section 4. COMPUTATION AND COLLECTION. The special parcel tax shall be levied each year as of ______, commencing ______ 2025, on all taxable parcels of property, improved or unimproved, within the boundaries of the City at the maximum Exhibit A
rate set forth in Section 1 of this Ordinance, and subject to the annual adjustment set forth in Section 2 of this Ordinance. The City Council may, by resolution, adjust the rate or temporarily suspend all or a portion of the special tax, as appropriate to the financial condition of the City. No adjustment to the rate or temporary suspension of the special tax shall constitute a decrease in a tax, or an increase in a tax requiring voter approval under California Constitution Article XIIIC (Proposition 218); provided the Council’s action does not increase the special tax beyond the maximum rate or methodology set forth in Section 1. To the extent that any aspect of a rate adjustment or temporary special tax suspension is found to invoke such a requirement under Proposition 218, the entire City Council action shall be deemed null and void. The special parcel tax shall be collected on behalf of the City in the same manner and subject to the same penalties as, or with, other charges and taxes fixed and collected by the City, or by the County on behalf of the City. The City Council or an authorized designee is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of San Diego County to effect proper billing and collection of the special parcel tax, so that the installments of the tax shall be included on the secured property tax roll of San Diego County.
Section 5. INTEREST AND PENALTIES. The special parcel tax shall be collected in the same manner as ordinary ad valorem taxes are collected, provided, however, that the City Council may authorize other appropriate methods of collection of the special parcel tax by appropriate resolution(s). The special parcel tax shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency, as provided for ad valorem taxes.
Section 6. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The people of the City of Santee hereby declare that they would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
Section 7. EFFECTIVE DATE. Pursuant to California Constitution article XIII C, section 2(d) and California Government Code section 53722, if two-thirds of the voters voting in the election on Measure “___” vote in favor of the adoption of such measure, this ordinance shall be deemed valid and binding and shall be considered adopted upon the date that the vote is declared by the City Council and shall go into effect ten (10) days after that date.
This Ordinance was approved and adopted by the People of the City of Santee at the City’s November 5, 2024 General Municipal Election.
This Ordinance was approved by Declaration of the vote by the City Council of the City of Santee on ______________.
Exhibit A
____________________________________
John W. Minto, Mayor
ATTEST:
____________________________
Annette Ortiz, CMC, City Clerk