1. Cluster development areas to establish large, contiguous open space as the Habitat Preserve for dedication to the City of Santee MSCP Subarea Plan to ensure long-term protection of sensitive species and habitats.
2. Implement a Preserve Management Plan for the Habitat Preserve that is consistent with the NCCP design guidelines and standards.
3. Implement a Habitat Restoration Program that restores a variety of native upland vegetation communities within the open space areas and Habitat Preserve, increasing the integrity of ecological system across the Specific Plan Area.
4. Preserve wildlife corridors within the Habitat Preserve.
5. Protect sensitive cultural resources.
9.5.2 Land Use, Transportation and Community Design
A. Land Use, Transportation and Community Design Objectives
1. Integrate land use and transportation planning to decrease reliance on vehicle use and reduce greenhouse gas emissions.
2. Provide a highly connected Complete Streets system that optimizes various modes of transportation to reduce fuel consumption while addressing functionality, aesthetics and safety.
3. Implement an extensive trail system available for use by the public that connects all neighborhoods to the Habitat Preserve and various destinations within Fanita Ranch, ensuring a walkable community to help minimize vehicular use and encourage interaction with the natural environment.
9-8 May 2020
Fanita Ranch Specific Plan
B. Land Use, Transportation and Community Design Features
1. Provide diverse housing types and sizes to accommodate people of different age groups, incomes, household types and abilities.
2. Locate parks and recreation amenities within easy walking distance of each home.
3. Implement an efficient, Complete Streets network with multiple routes to distribute traffic and encourage walking, biking and low speed vehicle use and increase destination accessibility.
4. Provide a street system of varying design capacities tailored to meet the unique Village concept and site constraints.
5. Incorporate traffic calming measures that reduce traffic speeds and enhance safety for pedestrians and cyclists.
6. Provide a pedestrian and bicycle mobility system consisting of sidewalks, trails and bikeways throughout Fanita Ranch, providing linkages between neighborhoods to other key land uses.
7. Reduce parking footprint through shared parking and structured parking.
8. Encourage bicycle parking and support facilities such as bike lockers, repair stations and rentals, education programs and events.
9. Provide Neighborhood Electric Vehicle (NEV) safe routes and designated parking, drop-off areas and other support facilities that encourage Electric Vehicle (EV) and alternative fuel vehicle use, carpooling and car sharing services.
10. Install EV chargers in all homes within the Low Density Residential land use designation areas, some homes in the Medium Density Residential, Active Adult and Village Center land use designation areas, as well as within the parking lots of commercial projects in the Village Centers (see Fanita Ranch EIR Appendix H, Greenhouse Gas Analysis).
11. Develop a Transportation Demand Management plan that considers community programs and includes ride-sharing, alternative modes and other strategies to reduce single occupancy vehicle use.
12. Encourage local food source to reduce vehicle trips and vehicle miles traveled associated with food distribution, and education programs for homeowners to grow sustainable and edible vegetation.
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Chapter 9: Open Space, Conservation & Sustainability
13. Support home-based businesses and telecommuting by allowing home-based businesses, live-work units, business support services and shared workspace in Village Centers.
14. Promote community education and lifelong learning opportunities through the provision of a Farm, edible landscaping and AgMeander trails, a K-8 school site and interpretive elements throughout the community, and a variety of educational programs that inform and promote a sustainable and healthy lifestyle, honor the land’s agrarian legacy, and support community participation.
9.5.3 Energy, Atmosphere and Building System Performance A. Energy, Atmosphere and Building System Objectives
1. Implement the required Green Building standards set forth in the California Building Energy Efficiency Standards (Title 24, Part 6) and CALGreen (Title 24, Part 11).
2. Consider passive building design and optimize building energy performance to help reduce energy consumption.
3. Reduce heat island effect through the use of cool roof or similar technologies and tree and shrub planting.
4. Incorporate green or renewable energy sources.
B. Energy, Atmosphere and Building System Features
1. Incorporate building orientation and fenestration that take advantage of sunlight, shade and prevailing winds to maximize passive solar energy, natural ventilation and take advantage of daylighting during daytime hours.
2. Incorporate overhangs or other shading device to limit solar heat gain.
3. Utilize EnergyStar appliances, energy efficient lighting fixtures, tankless water heaters, increased wall, window and duct insulation and minimizing air leaks to the building envelope by utilizing air barriers on exterior walls shall be utilized in all residential and commercial construction.
4. Utilize efficient and properly sized HVAC systems.
5. Implement pollutant control measures such as duct covering and mechanical equipment protection during construction and using low-VOC emitting building materials for flooring, carpet, adhesives, caulks, paints, insulations, etc. to protect air quality. 9-10 May 2020
Fanita Ranch Specific Plan
6. Prohibit wood-burning stoves, fire pits and fireplaces in all residential land use designation areas.
7. Permit a total of six (6) natural gas fire pits or fireplaces within community areas of the Villages.
8. Encourage shared parking between uses to reduce pavement areas.
9. Encourage the use of light-colored, semi-reflective or cool roof technology for roofing, parking lots and other hardscape applications.
10. Plant shade trees in parking lots, along the streets, walkways and other paved areas.
11. Install rooftop solar power (PV) to offset the demand on the electric grid.
12. Implement a potential solar farm for generating sustainable power within the community.
13. Utilize LED or other high efficiency light bulbs for outdoor lighting.
9.5.4 Water Conservation and Water Quality
A. Water Conservation and Water Quality Objectives
1. Promote best management practices (BMPs) for water conservation as outlined in the Padre Dam Municipal Water District (PDMWD) Master Plan to minimize the use of imported water.
2. Reduce indoor water use by installing water efficient plumbing fixtures/fittings and appliances, including high efficiency water heaters, water efficient dishwashers, insulated hot water pipes and separated cold and hot water piping.
3. Reduce outdoor water use by using water efficient landscaping, limiting conventional turf to ≤ 25% of required landscape areas and using efficient irrigation systems and other sustainable landscape practices, including weather-based irrigation control systems or moisture sensors. Landscape and irrigation will comply with the applicable provisions of the California Code of Regulations, Title 23, Division 2, Chapter 2.7, Model Water Efficient Landscape Ordinance (MWELO) or Guidelines for Implementation of the City of Santee Water Efficient Landscape Ordinance, whichever is more stringent.
4. Protect water quality by implementing feasible Low Impact Development (LID) and BMPs to maintain the current level of water runoff (discharge) leaving the site close to pre-development levels.
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Chapter 9: Open Space, Conservation & Sustainability
5. Design water quality features to minimize stormwater and urban runoff impacts generated from the development, consistent with state and regional stormwater quality requirements.
B. Water Conservation and Water Quality Features
1. Utilize Advanced Treated Water from the East County Advanced Water Purification Program.
2. Use feasible LID techniques and BMPs consistent with the City of Santee BMP Design Manual.
3. Implement Green Streets along portions of Fanita Parkway, Cuyamaca Street, Carlton Hills Boulevard and Magnolia Avenue that include bio-filtration features to slow, filter and cleanse stormwater runoff from imperious surfaces.
4. Use inlet filters and rain barrels for single family homes, and appropriately sized detention basins such that there is no impact on downstream drainage facilities, both natural and manmade.
5. Install low flow water fixtures, dual flush toilets, grey water systems (where appropriate) and other water efficient plumbing fixtures/fittings and appliances.
6. Install native, non-invasive and drought tolerant plant species, limitations on turf and landscaping techniques that reduce water demand and promote carbon sequestration.
7. Implement hydrozoning to allow for efficient application of water and optimum plant growth while minimizing evaporation and runoff.
8. Utilize high-efficiency/smart irrigation controllers.
9. Utilize green waste mulch and soil amendments to retain soil moisture.
10. Promote community programs that educate residents and businesses on water conservation.
9.5.5 Material Conservation, Recycling and Waste Reduction A. Material Conservation, Recycling and Waste Reduction Objectives
1. Encourage simple building designs and efficient framing practices to reduce construction material use and waste.
2. Encourage recycling and diverting of construction waste from landfills. 9-12 May 2020
Fanita Ranch Specific Plan
3. Encourage the use of sustainable building materials.
4. Apply BMPs for waste management and recycling strategies as appropriate.
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Chapter 10:
Implementation
10.1 Introduction
This chapter identifies required public improvements and a phasing and financing plan for those improvements. Operation and maintenance responsibilities of various parks and recreation facilities, public open space areas, public roadways, drainage facilities and other public infrastructure are also provided. The cost revenue fiscal assessment is provided under separate cover. The Development Agreement will be negotiated and considered for approval in conjunction with the Fanita Ranch Specific Plan, Tentative Map and other project entitlements.
10.2 Required Public Improvements
Required public improvements for Fanita Ranch include the following:
A. Public Roadways - Fanita Ranch includes new backbone roadways. A description of roadway improvements, including cross sections, is provided in Chapter 4: Mobility. Connection of the on-site circulation system to the off-site circulation system will be achieved by the northward extensions of Fanita Parkway, Cuyamaca Street and Magnolia Avenue.
B. Public Infrastructure - Chapter 8: Grading, Utilities & Services, describes infrastructure improvements, other than roads, that will be installed as part of the Fanita Ranch Project. These include water, sewer and storm drain improvements.
C. Fire Station - Chapter 3: Land Use & Development Regulations require the provision of a new City Fire Station site within Fanita Commons. The Specific Plan also requires the establishment of fuel modification zones and other fire improvements. These improvements are outlined in the Fanita Ranch Fire Protection Plan and are briefly described in Chapter 8: Grading, Utilities & Services. 10-2 May 2020
Fanita Ranch Specific Plan
D. Parks & Trails - Chapter 7: Parks, Recreation & Open Space describes the parks and trails improvements which include a public community park and a public neighborhood park in Fanita Commons, and private neighborhood parks, mini-parks and trails through the open space areas in the remaining portions of the community.
E. School Site - Chapter 3: Land Use & Development Regulations applies a school overlay on a site planned to accommodate a K-8 school (S-1 planning area on Exhibit 3.2, Site Utilization Plan). The underlying land use for the school overlay site is MDR. It is the project’s goal to implement the K-8 school in concert with Santee School District. Should the school site not be acquired for a public or private school use within two years of approval of the final map for the phase in which the site is located, the site may be developed consistent with the underlying MDR land use designation and the maximum total number of dwelling units in the Specific Plan Area shall be 3,008 units. The additional 59 MDR units have been analyzed in the EIR, and additional units may be transferred from other planning areas within Fanita Ranch to this planning area to achieve the required MDR density, subject to the dwelling unit transfer requirements set forth in Section 10.7.1: Administrative Amendments (Minor Modifications).
10.3 Phasing
The objective of the Conceptual Phasing Plan (see Exhibit 10.1: Conceptual Phasing Plan) is to coordinate the provision of public facilities and services with the anticipated sequence and pattern of development. The Conceptual Phasing Plan is divided into four phases as described below. The Phasing Plan is conceptual in nature and may change over the development lifetime of Fanita Ranch in response to changing market conditions or other unforeseen conditions. The phasing of development and implementation of public facilities may be modified, provided that the required public improvements are provided at the time of need. Amendments to the Conceptual Phasing Plan are considered administrative in nature. The Development Agreement will outline the nature and timing of certain public infrastructure and facility improvements.
Phase 1: Fanita Commons and the easterly portion of Orchard Village, off-site and on-site partial improvements to Fanita Parkway and Cuyamaca Street, sewer infrastructure through the Phase 2 area and water infrastructure in the Special Use area Phase 2: Westerly portion of Orchard Village
Phase 3: Connections to the southerly half of Vineyard Village, water infrastructure through the Phase 4 area and off-site partial improvements to Magnolia Avenue Phase 4: Northerly half of Vineyard Village
These phases are conceptual and non-sequential and may occur concurrently. Phases may overlap or vary depending upon market conditions. They may also be broken down into smaller sub-phases. Each phase will likely take two to four years to complete. Construction is anticipated to begin in summer May 2020 10-3
Chapter 10: Implementation
Magnolia Avenue
Chaparral
Drive
El Nopal
Woodglen
Vista Drive
Street “A” Street “W” Cuyamaca Street
Fanita Parkway
Ganley
Road
Lake Canyon
Road
Mast Boulevard
Carlton Hills Blvd.
Street “V”
Fanita Parkway
Phase 2
Phase 1*
Phase 4
Phase 3*
Phase 1*
Phase 3
not to scale Exhibit 10.1: Conceptual Phasing Plan
Conceptual phasing shown only; subject to future phasing refinements.
Phase 1
Phase 2
Phase 3
Phase 4
LEGEND
* Phase 1 includes backbone water and sewer
improvements. The balance of the Special Use
area may be developed in Phase 1 or over time.
Phase 3 includes backbone water improvements.
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Fanita Ranch Specific Plan
2021 with a build-out of approximately 10 to 15 years. The Special Use area and adjacent mini-park are not tied to the development phasing described above and may be developed anytime during project build-out; however, water infrastructure within the Special Use area will be constructed during Phase 1.
10.4 Public Improvements Financing
The size and scope of Fanita Ranch, as well as its anticipated 10 to 15 year build-out, suggest that a variety of financing measures may be required to finance the construction of required public improvements.
Various alternative financing programs are identified below. They include – but are not limited to – Special Assessment Districts, the Mello-Roos Community Facilities Act, reimbursement agreements, per unit hook-up fees, turnkey financing by individual project builders, State and Federal grants and loans, and various types of impact fees and exactions. The following list of financing programs is not exhaustive and other financing programs or vehicles may also be used to fund public improvements.
10.4.1 Special Assessment Districts
Assessment Districts formed under the Improvement Act of 1911 (Streets and Highway Code Section 5000 et seq.) and the Municipal Improvement Act of 1913 (Street and Highway Code Section 1000 et seq.) are authorized to pay for public infrastructure improvements such as streets, sewers, storm drains, water improvements, streetlights, flood control systems, parks and curbs and gutters. The method of apportionment dictates that direct and special benefit must be received by the properties assessed for the improvements authorized and constructed or acquired. Generally, bonds are issued to finance the improvements through the Improvement Bond Act of 1915 (Streets and Highway Code Section 8500 et seq.). An assessment district is subject to the noticing and majority protest balloting provisions of Proposition 218, with ballots weighted according to financial obligation.
Landscaping and Lighting Districts formed under the Landscape Lighting Act of 1972 (Streets and Highway Code Section 22500 et seq.) can finance the cost of operating, maintaining and servicing landscaping, public lighting, appurtenant facilities including but not limited to curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage or electrical facilities, park and recreational improvements. The method of apportionment for Assessment Districts applies to Landscaping and Lighting Districts and a direct and special benefit must be received by the properties assessed for the maintenance of the improvement authorized. The noticing and majority protest balloting process that applies to Assessment Districts pursuant to the provisions of Proposition 218 applies to Landscaping and Lighting districts.
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Chapter 10: Implementation
10.4.2 Mello-Roos Community Facilities Act of 1982
Community Facilities Districts formed under the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) can finance facilities with a useful life of five years or longer, such as street and roadway improvements, water systems, sewers, storm drains and flood control improvements, community improvements and facilities, and finance services relating to law enforcement, fire, parks, parkways and open space maintenance, flood and storm protection. The Community Facilities District is authorized to issue bonds to finance the acquisition or construction of facilities and to levy a special tax to repay the bonds or finance the services authorized. The method of apportionment must be reasonable but cannot be based directly on the value of property. A community facilities district is subject to the voter/Landowner/Master Developer provisions of the Act of a Landowner/Master Developer election is there are less than twelve registered voters in the district.
Benefit Assessment Districts formed under the Benefit Assessment Act of 1982 (Government Code Section 54710 et seq.) can finance the maintenance and operation of drainage services, flood control services, street lighting and street, road or highway maintenance. The method of apportionment requires that for flood control services, the basis of the assessment be based on proportionate storm water runoff; and for street lights, the assessment be a uniform rate. The noticing and majority protest balloting process that applies to Assessment Districts pursuant to the provisions of Proposition 218 applies to Benefit Assessment Districts.
10.4.3 Business Improvement Districts
Business Improvement Districts formed under either the Parking and Business Improvement Law of 1989 (Street and Highway Code Section 36500 et seq.) of the Property and Business Improvement District Law of 1994 (Street and Highways Code Section 36600 et seq.) can acquire, construct, install or maintain parking facilities, benches, trash receptacles, street lighting, decorations, parks and fountains.
It can provide services such as promotion of public events, furnishing of music in any public place, promotion of tourism, activities, which benefit businesses in the district. Only businesses in a district can be assessed on the basis of estimated benefit. The noticing and majority protest balloting process required by Proposition 218 is enhanced under the 1944 Act to include both mailing of individual notices to all business owners as well as published public notices.
10.4.4 Community Service Districts
Community Service Districts and County Service Area formed under the Community Services District Law (Government Code Section 16000 et seq.) or the County Service Area Law (Government Code Section 25210.1 et seq.) can provide extended services including but not limited to water service, street lighting, refuge and garbage collection, and road maintenance. The method of apportionment can be on a uniform or benefit basis. The formation of these types of districts include approval of a local agency formation commission and an election process.
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Fanita Ranch Specific Plan
10.5 Operation and Maintenance
Maintenance responsibilities for public and common area improvements may be addressed in a Development Agreement and/or other agreement(s) between the Landowner/Master Developer and the City of Santee. Those responsibilities will, to the extent they may be different, take precedence over the concepts described in this Specific Plan.
It is anticipated that the Landowner/Master Developer will be required to dedicate Conservation Easements over the Santee MSCP Subarea Plan areas and transfer ownership to an entity consistent with the MSCP Plan as applicable. It is also assumed that the accepting entity will become responsible for managing, monitoring and maintaining the property and assuring its sustainable preservation.
Exhibit 10.2: Operation and Maintenance Responsibility Areas shows the distribution of anticipated responsibility areas for the HOA, City of Santee and the Habitat Preserve entity.
Generally, it is also anticipated that:
A. Private parks, common open space areas and private roads will be maintained by a Homeowners Association(s) (HOA), Property Owners Association(s) and/or a Landscape Maintenance District (LMD) as mutually agreed between the Landowner/Master Developer and City of Santee.
B. Maintenance of Fuel Modification Zones within private homeowner lots will be the responsibility of the homeowner. Maintenance of Fuel Modification Zones outside the private homeowner lot boundaries will be the responsibility of the HOA or Habitat Preserve management entity, as identified in the Fanita Ranch FPP.
C. The Community Park and Neighborhood Park 8 (refer to Exhibit 3.2, Site Utilization Plan) will be dedicated to the City of the Santee. A mechanism and schedule for constructing and maintaining the parks shall be provided in the Development Agreement or other agreement(s) between the Landowner/Master Developer and City.
D. Water and sewer facilities will be dedicated to the Padre Dam Municipal Water District (PDMWD).
PDMWD will be responsible for the operation and maintenance of these areas, including water storage sites and related facilities.
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Chapter 10: Implementation
Magnolia Avenue
Chaparral
Drive
El Nopal
Woodglen
Vista Drive
Street “A”
Street “W”
Cuyamaca Street
Fanita Parkway
Ganley
Road
Lake Canyon
Road
Mast Boulevard
Carlton Hills Blvd.
Street “V”
Fanita Parkway
not to scale Exhibit 10.2: Operation & Maintenance Responsibility Areas Master HOA Responsibility Area*
PDMWD Responsibility Area
City of Santee Responsibility Area
City of Santee Public Right-of-Way*
Habitat Preserve Management Entity
Responsibility Area
LEGEND
* Additional internal neighborhood streets will be
indicated at the Tentative Map level.
not to scale
10-8 May 2020
Fanita Ranch Specific Plan
10.6 Administration and Implementation
The purpose of this section of the Specific Plan is to define certain implementation and administrative procedures to provide clear instructions and notice to property owners and developers within Fanita Ranch regarding permit and plan approvals. The general intent of these regulations is to use the prevailing City of Santee procedure(s) to enforce the provisions of the zoning and subdivision codes unless otherwise described herein. The City of Santee Development Services Department shall enforce the site development standards set forth herein, in accordance with the State of California Government Code, Subdivision Map Act, the City of Santee General Plan and the City of Santee Municipal Code (SMC). The development procedures, regulations, standards and specifications contained in this adopted Specific Plan shall supersede the relevant provisions of the SMC and development regulations, as they currently exist or may be amended in the future.
10.6.1 Severability
If any section, subsection, sentence, clause, phrase or portion of this Specific Plan, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Specific Plan, or any future amendments or additions hereto. The City hereby declares that it would have adopted these requirements and each sentence, subsection, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional.
10.6.2 Conflicts and Clarifications
If ambiguity exists with respect to matters of height, setback requirements, area requirements, or land use designation or planning area boundaries as set forth herein, it shall be the duty of the Development Services Director to ascertain all pertinent facts and make a determination based upon the proposed uses consistency with the intent of the Specific Plan.
To ensure that the Specific Plan will permit all similar uses in each land use designation, the Development Services Director, upon his or her own initiative or upon written request, shall determine whether a use not specifically listed as a permitted or temporary use in any land use designation shall be deemed a permitted use in one or more land use designations on the basis of similarity to uses specifically listed.
Application for determination of similar uses shall be made in writing to the Director of Development Services Department (Development Services Director) and shall include a detailed description of the proposed use and such other information as may be required by the Development Services Director to facilitate the determination. The Development Services Director, or designee, shall compare the May 2020 10-9
Chapter 10: Implementation
proposed use characteristics with the General Plan and Specific Plan goals and objectives as well as the purposes of each of the land use designations, and may determine if the proposed use should be a permitted use in any of the land use designations and shall document his or her findings. The Development Services Director shall base his or her decision upon meeting the following findings:
A. The use in question has similar functional characteristics as, and is compatible with, other permitted or temporary uses in the same land use designation and does not exceed the maximum density or square footage of the land use designation in which it is proposed.
B. The use in question meets the purpose and intent of the land use designation in which it is proposed.
C. The use in question meets and conforms to the applicable goals and objectives of the Santee General Plan.
10.6.3 Substantial Conformance
The Development Services Director may determine a project or use is in substantial conformance to the adopted Specific Plan subject to the findings below. Appeals of the Development Services Director’s determination may be made to the City Council in the manner prescribed in Section 13.04.070 of the SMC.
A. The proposed project or use is substantially consistent with the Santee General Plan, Fanita Ranch Specific Plan and other applicable adopted policies of the City.
B. The proposed project or use is substantially consistent with the Fanita Ranch Specific Plan and its purpose and intent. Land use, circulation pattern and community design concepts are generally consistent. Statistical variations such as site area calculations shall be 15% or less.
C. The proposed project or use meets the provisions of the Specific Plan, Section 3.2: Land Use Designations and Development Regulations governing the use of land, buildings, structures, building setbacks, building heights and other provisions.
D. The proposed project or use will not, under circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.
E. The proposed project or use is substantially consistent with the principles and overall quality of design established for the Fanita Ranch Specific Plan.
10-10 May 2020
Fanita Ranch Specific Plan
10.6.4 Subdivisions Standards and Procedures
Tentative maps, parcel maps and final maps shall be consistent with the development standards set forth by the Fanita Ranch Specific Plan and shall be processed in accordance with the procedures and submittal requirements set forth Title 12, Division I. Subdivision of Land, of the SMC.
10.6.5 Development Review
10.6.5.1 Applicability
An application for Development Review is required for all projects involving the issuance of a building permit for construction or reconstruction of a structure which meets any of the following criteria:
A. New construction on vacant property.
B. One or more structural additions or new buildings, with a total floor area of 1,000 square feet or more.
C. New construction of residential development which is part of a tentative map or tentative parcel map application.
D. Reconstruction or alteration of existing buildings on sites when the alteration significantly affects the exterior appearance of the building or traffic circulation of the site. Exceptions are maintenance or improvement of landscaping, parking, exterior re-painting or other common building and property maintenance activities.
E. The conversion of residential or commercial buildings to condominiums.
F. A Development Review application for an accessory dwelling unit will be processed administratively and not subject to application fees.
The following describes the administrative processes and procedures for reviewing future Development Review applications within Fanita Ranch.
10.6.5.2 Preliminary Review Procedures
The Landowner/Master Developer shall conduct a preliminary Development Review process prior to application submittal to the City for all applications filed during initial build-out of the Fanita Ranch Specific Plan. The preliminary review by the Landowner/Master Developer is for recommendation May 2020 10-11
Chapter 10: Implementation
purposes only and is intended to add an extra level of review in order to ensure compliance with adopted plans. The preliminary Development Review process includes the following:
A. The Landowner/Master Developer shall provide project applicants/guest builders with submittal requirements for preliminary Development Review; and
B. Each application filed with the City shall be accompanied by the Landowner/Master Developer written recommendation for approval, modification or denial of the proposed project.
10.6.5.3 Formal Development Review Procedures
The Development Review application process, as defined in SMC Title 13, Zoning, Chapter 13.08, Development Review, is designed to ensure that each new project achieves the intent and purpose of the Fanita Ranch Specific Plan. All new development in Fanita Ranch shall be subject to review and approval by the Development Services Director. Development Review is intended to provide sufficient detail in site planning, architectural design and landscape architectural design to enable a specific development project design to be reviewed with respect to compliance with the Fanita Ranch Specific Plan. The Development Review shall include the following:
A. An application for a Development Review Permit shall be submitted to the Department of Development Services on a form provided by the Department and accompanied by a fee as established by the City.
B. The application shall be accompanied by a site plan, building elevations, landscape plan and other information as may be required to adequately evaluate the proposed project.
C. Upon receipt of a Development Review application, the Development Services Director shall review the application based upon the following scope:
1. Site Adjacencies. Development Review may be performed on a parcel but may also include a group of buildings or multiple parcels so long as a conceptual design of the entire parcel is provided. Because of the importance of design context and continuity of streetscapes, Development Review submittals shall be required to address relationships to adjacent sites within the Specific Plan Area at a conceptual level. This conceptual planning provides assurance that options for the logical build-out can occur but approval of the Development Review application will not constrain future development proposals. Any projects found not to be in substantial conformance by the Development Services Director may apply for a variance or an amendment to the Specific Plan.
10-12 May 2020
Fanita Ranch Specific Plan
2. Specific Plan Compliance. Because of the wide range of appropriate design options within Fanita Ranch, any Development Review submittal that meets the prescriptive standards of Chapter 3: Land Use & Development Regulations, as applicable, shall be deemed to be in conformance with the Specific Plan unless substantial evidence is presented to refute the conclusion. Any and all design revisions or conditions applied to a proposed project by the Development Services Director, or other reviewing and approving body, will only be made in order to meet the Specific Plan’s design objectives. Any determination made by the appropriate decision making authority that the proposed decision is in conflict with the Specific Plan shall clearly identify the specific objective, policy or design statement that is found to conflict with said proposed design. The fact that a proposed design is not illustrated in the Specific Plan is not evidence of a conflict. The Fanita Ranch Specific Plan utilizes multiple examples of building typologies to convey a sense of design character specifically to avoid a requirement for a specific design. Substantial evidence of conflict requires that the design proposal be inconsistent with the design character conveyed by the multiple examples.
3. Landscaping and Outdoor Lighting. Landscaping and outdoor lighting should reflect the design character, framework and criteria established by Chapter 5: Landscape Architecture, Community Design & Outdoor Lighting Design Plan. Except within the riparian and fuel modification zones, additional plant material not specifically identified within the Specific Plan or the Fanita Ranch Fire Protection Plan but are complementary to the established palette and are non-invasive may be deemed to be in conformance with the Specific Plan if approved by the Santee Fire Department.
D. Applications will be reviewed within 30 days of project submittal to ensure that all of the required information is included.
E. Applications shall be reviewed by the Development Services Director for compliance with the Crime Prevention through Environmental Design (CPTED) elements pursuant to the Development Review Criteria stated in SMC Section 13.08.070(I)(7).
F. The City shall review projects pursuant to Public Resources Code 21166 for compliance with the Specific Plan and the certified Fanita Ranch EIR.
G. Projects inconsistent with the Specific Plan will be required to pursue a Formal Specific Plan Amendment (see Section 10.7.2 of the Specific Plan) or variance as applicable, which may necessitate additional environmental review. Formal Amendments to the Specific Plan shall be subject to the requirements of the California Environmental Quality Act (CEQA).
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Chapter 10: Implementation
H. Prior to approving a Development Review application, the Development Services Director shall find that:
1. The proposed development is consistent with the Santee General Plan.
2. The proposed development is consistent with the Fanita Ranch Specific Plan.
3. The proposed development is consistent with the Fanita Ranch Fire Protection Plan.
4. The potential environmental impacts of the proposed development have been addressed in the certified EIR for the Fanita Ranch Specific Plan.
I. Once a Development Review Application has been deemed complete, the Development Services Director shall approve, conditionally approve or deny the application and issue a letter regarding his or her decision within 30 days.
J. Appeals of the Development Services Director’s determination may be made to the City Council in the manner prescribed in Section 13.04.070 of the SMC.
10.7 Specific Plan Modifications and Amendments
Approval of the Fanita Ranch Specific Plan signifies acceptance by the City of Santee of a general framework and specific development standards for Fanita Ranch. It is anticipated that certain modifications to the Specific Plan text and graphics may be necessary through the life of the project.
Any modifications to the Specific Plan shall occur in accordance with the amendment process described in this section. Future Administrative Amendments, pursuant to Section 10.7.1 of this Specific Plan, allow for minor changes to the Specific Plan and may be approved by the Development Services Director. In all cases the amendments must be found to be consistent with the goals and vision of the Fanita Ranch Specific Plan. All other proposed changes are considered Formal Amendments and are required to be reviewed for approval by the City Council.
10.7.1 Administrative Amendments (Minor Modifications) Upon determination by the Development Services Director, certain minor modifications to the Specific Plan text and/or graphics may be considered ministerial and do not require a public hearing. Such decisions shall be memorialized in a form acceptable to the Department of Development Services and made available for public review upon request. The Development Services Director has the authority to approve Administrative Amendments to the Specific Plan as follows. 10-14 May 2020
Fanita Ranch Specific Plan
A. Transfer of Dwelling Units and Commercial Square Footage: Transfer of dwelling units and commercial square footage is an administrative process conducted by the Development Services Director to ensure that the Fanita Ranch Specific Plan‘s total maximum numbers of dwelling units and commercial square footage are not exceeded. Exhibit 3.2: Site Utilization Plan is intended to provide the general design intent of the Fanita Ranch Specific Plan. The Specific Plan recognizes the need for flexibility in planning to accommodate potential development constraints and future market demands. Notwithstanding the foregoing, if a proposed project is inconsistent with the target density and/or commercial square footage shown for the respective planning area in Table
3.2: Site Utilization Plan Statistical Summary, a transfer of dwelling units and/or commercial square footage shall be required. Any reallocation of dwelling units between planning areas in the same land use designation within the same Village is permitted, provided the resulting densities of the granting and receiving planning areas are consistent with the density ranges specified for the land use designation, and the total dwelling unit count for the respective land use designation within the Village is not exceeded. Up to 15% of the total dwelling units for the VC, MDR, LDR, MDR and AA land use designations may be transferred between these land use designations and between the Villages, and any commercial square footage may be transferred between parcels with a “VC” land use designation and “A” overlay areas as well as between the Villages, provided such transfer is consistent with the Specific Plan. The Applicant must demonstrate that the proposed transfer will not impact the major circulation system or infrastructure; the total Average Daily Trips (ADT) does not exceed the total Project Trip Generation1 identified in the Fanita Ranch Traffic Impact Analysis (see Fanita Ranch EIR Appendix N); and the overall maximum of 2,959 dwelling units and 80,000 square feet of commercial uses in the Specific Plan Area is not exceeded1 . Any other type of transfer
shall require a Formal Amendment. The Development Services Director shall approve or deny the proposed transfer subject to the following findings and conditions:
1. The resulting density of the granting and receiving planning areas shall be consistent with the density ranges specified for the respective land use designations.
2. The planned identity and character of Fanita Ranch is preserved.
1. Chapter 3: Land Use & Development Regulations applies a school overlay on a site reserved for a K-8 school (S-1 planning area on Exhibit 3.2: Site Utilization Plan). The underlying land use for the school overlay site is MDR. If the school site is not acquired for a public or private school use 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 dwelling units in the Specific Plan Area shall be 3,008 units. Residential units may be transferred from VC, MDR, LDR and AA land use designations and planning areas as set forth in (A) above, provided the total ADT for the Specific Plan Area does not exceed the total Project Trip Generation identified in the Fanita Ranch Traffic Impact Analysis under the no-school scenario and the maximum total number of dwelling units in the Specific Plan Area does not exceed 3,008. Units transferred into the S-1 planning area shall comply with the development regulations established for the MDR land use designation. Dwelling unit transfers shall be documented and made publicly available upon request, including updates to Specific Plan Table 3.1: Land Use Plan Statistical Summary and Table 3.2: Site Utilization Plan Statistical Summary.
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Chapter 10: Implementation
3. The project applicant/guest builder has received a letter of recommendations for approval, modification or denial of the dwelling unit and/or commercial square footage transfer from the Landowner/Master Developer.
4. The project applicant/guest builder has provided supporting technical studies, if necessary, to the satisfaction of the Development Services Director that substantiate adequate infrastructure exists to support the requested transfer.
5. Public facilities and infrastructure, including the school and parks, shall be provided based on the final number of units, and the applicant/guest builder shall pay any additional fees resulting from said transfer.
6. The overall maximum intensity of 2,949 residential units and 80,000 square feet of commercial uses in the Specific Plan Area is not exceeded.1
Transfers of dwelling units and commercial square footage shall be documented and made publicly available upon request, including updates to Specific Plan Table 3.1: Land Use Plan Statistical Summary and Table 3.2: Site Utilization Plan Statistical Summary.
B. Combining or reconfiguring the individual planning areas within a Village Center shown in Exhibit
3.2: Site Utilization Plan, provided supporting plans and/or documentation demonstrating adequacy of access and internal neighborhood circulation, if necessary, are provided to the satisfaction of the Development Services Director. Consolidation or reconfiguration of individual planning areas within a Village Center shall be documented and made publicly available upon request, including updates to Specific Plan Exhibit 3.2: Site Utilization Plan and Table 3.2: Site Utilization Plan Statistical Summary.
C. Realignment or modification of internal neighborhood streets serving the Specific Plan Area, easement locations and grading adjustments outside the Habitat Preserve boundary, if also approved by the City Engineer or his/her designee.
D. Minor technical refinements to the boundaries and area calculations of the planning areas listed in Specific Plan Table 3.2: Site Utilization Plan Statistical Summary resulting from the approval of a tentative or final map, provided the maximum density of the land use designation and the total land use designation acreage within the Specific Plan Area are not exceeded and the total Habitat Preserve acreage is not reduced. Planning area boundary and acreage adjustments shall be documented and made publicly available upon request, including updates to Specific Plan Table 3.1:
Land Use Plan Statistical Summary and Table 3.2: Site Utilization Plan Statistical Summary. 10-16 May 2020
Fanita Ranch Specific Plan
E. Minor modifications to the Specific Plan that do not increase the approved densities of the Specific Plan.
F. Modifications to design criteria such as paving treatments, architectural details and related criteria.
G. Landscape treatments, fencing, lighting, trails and entry treatments, provided the modifications are in substantial conformance with the purpose and intent of the specified design criteria.
10.7.2 Formal Amendments
All proposed Specific Plan Amendments, which do not meet the criteria for an Administrative Amendment as described on Section 10.7.1: Administrative Amendments (Minor Modifications), shall be deemed to require a Formal Amendment of the Specific Plan. All Formal Amendments shall be reviewed for approval by the City Council at a public hearing and comply with applicable law. It shall be the applicant’s/guest builder’s responsibility to update any related technical studies and/or provide additional studies when determined necessary by the Development Services Director.
10.8 Monitoring and Updates
In order to ensure continuing compliance with the adopted Fanita Ranch Specific Plan and the provision of certain population based public facilities, the Development Services Director or designee shall at all times maintain an official copy of the Fanita Ranch Specific Plan, including all Administrative Amendments (Minor Modifications) and Formal Amendments thereto, as well as each Development Review approval and/or dwelling unit or commercial square footage transfer as an administrative action, including updates to Specific Plan Table 3.1: Land Use Plan Statistical Summary and Table 3.2:
Site Utilization Plan Statistical Summary (collectively, “Fanita Ranch Specific Plan File”). The current Fanita Ranch Specific Plan File and associated changes, if any, shall be provided to the Development Services Director at the time of each Development Review approval and/or dwelling unit or commercial square footage transfer.
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Appendix A:
Definition of Terms
The definitions of all terms used in the Fanita Ranch Specific Plan shall have the same meaning as used in the City of Santee General Plan and Santee Municipal Ordinance, unless otherwise specifically defined herein.
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Fanita Ranch Specific Plan
Term Definition
AB 32 The Global Warming Solutions Act of 2006 is a California State Law that addresses Global Warming by establishing a comprehensive program to reduce greenhouse gas
emissions from all sources throughout the state.
Accessory Use Uses of land that are found on the same parcel as the principal use but are subordinate and incidental.
Active Recreation Outdoor recreational activities, such as organized sports, playground activities, that require extensive facilities.
Active‐Adult Neighborhood An age‐targeted or an age‐restricted community designed for people aged 55 or older. In order to qualify for the "55 or older" housing exemption, a facility or community must
satisfy each of the following requirements:
• At least 80 percent of the units must have at least one occupant who is 55 years of age or older; and
•The facility or community must publish and adhere to
policies and procedures that demonstrate the intent to
operate as "55 or older" housing; and
•The facility or community must comply with HUD's
regulatory requirements for age verification of residents.
Aggregate A material or structure formed from loosely compacted mass of fragments or particles.
AgMeander A series of trails and paths that unite nature and agriculture together in an experiential journey through the landscape, connecting agricultural and natural elements in a
neighborhood or region.
Agrarian Relating to cultivated land or the cultivation of land.
Agritourism Involves any agriculturally based operation or activity that brings visitors to a farm or ranch.
Air Quality The degree to which the ambient air is pollution‐free, assessed by measuring a number of indicators of pollution.
Alternative Compliance A method for achieving stormwater collection and treatment, emission reduction or risk reduction that is different than the specified standards and how to meet
them. Alternative compliance is needed when existing
physical conditions exist that prevent standard compliance.
Alternative Fuel Vehicle A vehicle that runs on a fuel other than traditional petroleum fuels (petrol or diesel fuel).
Animal Husbandry The science of breeding and caring for farm animals.
Apiaries Places where a collection of hives of bees are kept.
Aquaponics Aquaponics refers to any system that combines conventional aquaculture (raising aquatic animals such as snails, fish, crayfish or prawns in tanks) with hydroponics (cultivating plants in water) in a symbiotic environment.
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Appendix A: Definitions
Term Definition
Best Management Practices (BMPs) A practice or combination of practices that is determined to be an effective and practicable (including technological, economic, and institutional considerations) means of
preventing or reducing the amount of pollutant generated by nonpoint sources to a level compatible with water.
Bike Lane A division of a road marked off with painted lines, for use by cyclist.
Bike Parking, Long Term Secure bicycle parking that is protected from the weather, including (1) covered, lockable enclosures with permanently anchored racks for bicycles, (2) lockable bicycle rooms with permanently anchored racks, or (3) lockable, permanently anchored bike lockers, or as otherwise permitted by
CALGreen.
Bike Parking, Short Term Permanently anchored bike racks located within 200 feet of the visitors entrance, readily visible to passers‐by, or as otherwise permitted by CALGreen.
Biodiversity The variety of species in a particular habitat or ecosystem.
Bio‐Retention The process in which contaminants and sedimentation are removed from stormwater runoff.
Building Coverage The percentage of the lot area that is covered by building area.
CALGreen Part 11 of the Title 24 Building Standards Code, which is the California Green Building Standards Code.
California Room An indoor/outdoor room integral to the main residence, with amenities such as fan, television hookups, fireplace, connected by a sliding of folding glass door to the great room or combination of kitchen/family/dining area.
Capital Improvement Program A short range plan, usually four to ten years, which identifies capital projects and equipment purchases, provides a
planning schedule and identifies options for financing the Carbon Dioxide (CO2) A colorless, odorless gas produced by burning carbon and organic compounds and by respiration.
Carbon Emissions Often associated with the burning of fossil fuels, like natural gas, crude oil, and coal.
Carbon Footprint The amount of carbon dioxide and other carbon compounds emitted due to the consumption of fossil fuels by a particular person, group, etc.
Carbon Sequestration The natural or artificial process by which carbon dioxide is removed from the atmosphere and held in solid or liquid form.
Climate Action Plan (CAP) A set of strategies intended to guide efforts for climate change mitigation.
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Fanita Ranch Specific Plan
Term Definition
Climate Change A change in global or regional climate patterns, in particular a change apparent from the mid to late 20th century
onwards and attributed largely to the increased levels of atmospheric carbon dioxide produced by the use of fossil fuels.
Cohousing A group of residential units, which may be attached or detached, that actively participate in the operation of the neighborhood and share common facilities and resources
such as childcare, meals, gardens, tools, and other
household goods.
Collector Roadway A low to moderate capacity road which serves to move traffic from local streets to arterial roads.
Commercial Recreation The provision of recreation‐related products or services by private enterprise for a fee, with the long‐term intent of being profitable.
Common Open Space Spaces within the urban setting that are readily and freely accessible to the wider community and which is intended primarily for amenity or recreation purposes.
Community Farm The growers and consumers providing mutual support and share the risks and benefits of food production.
Community Garden A piece of land gardened by a group of people, utilizing either individual or shared plots on private or public land.
Complete Street A street designed and operated to enable safe use and support mobility for multiple user types, including people of all ages and abilities.
Composting Decay organic material used as a plant fertilizer.
Conditional Use Permit A zoning exception which allows the property owner use of his land in a way not otherwise permitted within the
particular zoning district.
Congregate Care Facilities Congregate care refers to caring for people in a congregated setting. Residents of congregate care facilities have private apartments but share a common dining room, kitchen
facilities, and other amenities.
Conservation Preservation, protection, or restoration of the natural environment, natural ecosystems, vegetation, and wildlife.
Conservation Easement A voluntary legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values.
Cooperative Community A community where residents actively participate in the operation of the community and share common facilities, resources, and goods. Cohousing and coworking facilities are examples of cooperative communities.
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Appendix A: Definitions
Term Definition
Coworking A group of workspaces or offices that share common facilities and resources such as conference rooms, copy machines, kitchen space, and more. Workspace can rented by individual professionals, small businesses, or small non‐ profit organizations on an hourly, monthly, or annual basis.
Cultural Resources Physical evidence or place of past human activity: site, object, landscape, structure or natural feature of significance to a group of people traditionally associated with it.
Dark Sky Denoting or located in a place where the darkness of the night sky is relatively free of interference from artificial light Decibel A unit used to measure the intensity of a sound or the power level of an electrical signal by comparing it with a given level on a logarithmic scale.
Decomposed Granite Rock of granitic origin that has weathered to the point that is readily fractures into smaller pieces of weak rock.
Degreening Room A room where the fruit and other agricultural products are processed to remove the inedible portions of the crop.
Department of Housing and Urban
Development (HUD)
The principal federal agency responsible for programs
concerned with housing needs, fair housing opportunities, and improving and developing U.S. communities.
Design Guidelines A set of discretionary statements and "development standards" that are a set of threshold requirements which function to preserve and enhance the desired character of existing neighborhoods and improve the aesthetic and
functional quality of new development projects.
Development Agreement An agreement between an individual and a construction company, city or builder to develop a parcel of land for the individual's personal or commercial use.
Development Footprint The area on the project site that has been impacted by any development activity. Hardscapes, access roads, parking lots, nonbuilding facilities, and building structure are all included in the development footprint.
Director of Development Services The City of Santee staff member responsible for land use planning, land development engineering, capital
improvements, and traffic engineering. This will apply to any subsequent change in the title for the person who supervises these functions.
Drought Tolerant Landscaping Plants that are low‐water consuming.
Dwelling Unit A structure or the part of a structure that is used as a home, residence, or sleeping place.
Easement A right to cross or otherwise use someone else's land for a specified purpose.
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Fanita Ranch Specific Plan
Term Definition
Electrical Transmission Easement A strip of land that an electric utility uses to construct, maintain, or repair a large power line. The easement allows the utility to keep the line clear of vegetation, buildings, and other structures that could interfere with line operation.
Energy Dissipater Any device designed to protect downstream areas from erosion by reducing the velocity of flow to acceptable limits.
Erosion The process of eroding or being eroded by wind, water or other natural agents.
Evapotranspiration The process by which water is transferred from the land to the atmosphere by evaporation from the soil and other
surfaces and by transpiration from plants.
Family Day Care, Small A small family day care home may provide care for up to eight children, without an additional adult present, if specific conditions are met.
Family Day Care, Large A large family day care home may provide care for up to 14 children, with an assistant present, if specific conditions are met.
Farm Lab An innovative indoor and outdoor educational experience integrating the Design, Research, Engineering, Art, Math and Science (DREAMS) approach to education.
Farm Stay Any type of accommodation on a working farm. Some farm stays may be interactive and are family‐focused, offering children opportunities to feed animals, collect eggs and learn how a farm functions.
Farm Stand A stand for display and sale of farm produce and other farm related goods.
Farmers Market A food market at which local farmers sell fruit and vegetables and often meat, cheese, and bakery products
directly to consumers.
Flood Control System All methods used to reduce or prevent the detrimental effects of flood waters.
Floodlight A large, powerful light, typically one of several used to illuminate a sports field, a stage, or the exterior of a building.
Food Forest Trail A walking path lined with several layers of edible plants including tall and understory trees, shrubs, herbs, root crops, vines and groundcover open to community harvest.
Fossil Fuel A natural fuel such as coal or gas, formed in the geological past from the remains of living organisms.
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Appendix A: Definitions
Term Definition
Fuel Modification Zone A strip of land where combustible vegetation has been removed and/or modified and partially or totally replaced with more adequately spaced, drought‐tolerant, fire
resistant plants in order to provide a reasonable level of protection to structures from wildland fires.
Gateway A means of access or entry to a place.
General Plan The citizens blueprint for development and the guide to achieving a vision.
Geologic Resources Features produced from the physical history of the earth, or processes such as exfoliation, erosion, and sedimentation, glaciation, karst or shoreline processes, seismic, and volcanic activities.
Gravity Sewer System Large networks of underground pipes that convey blackwater, greywater, and, in many cases, stormwater from individual households to a centralized treatment facility, using gravity (pumps when necessary).
Green Building The practice of creating structures and using processes that are environmentally responsible and resource‐efficient
throughout a building's life‐cycle from siting to design, construction, operation, maintenance, renovation, and
deconstruction.
Green Energy Energy that comes from natural sources such as sunlight, wind, rain, tides, plants, algae, and geothermal heat. These energy resources are renewable, meaning they are naturally replenished.
Green Street Pursuant to the EPA, a green street is a stormwater management approach that incorporates vegetation
(perennials, shrubs, trees), soil, and engineered systems (e.g., permeable pavements) to slow, filter, and cleanse stormwater runoff from impervious surfaces (e.g., streets, sidewalks). Green streets are designed to capture rainwater at its source, where rain falls; whereas a traditional street is designed to direct stormwater runoff from impervious
surfaces into storm sewer systems (gutters, drains, pipes) that discharge directly into surface waters, rivers, and streams.
Greenhouse A building in which plants are grown that need protection from cold weather.
Greenhouse Gas Emission Any of the atmospheric gases that contribute to the greenhouse effect by absorbing infrared radiation produced by solar warming of the Earth's surface. They include carbon dioxide (CO2), methane (CH4), nitrous oxide (NO2), and
water vapor.
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Fanita Ranch Specific Plan
Term Definition
Greywater The relatively clean waste water from baths, sinks, washing machines, and other kitchen appliances.
Gross Floor Area The total floor area inside the building envelope, including external walls, and excluding the roof.
Groundcover Low‐growing, spreading plants that help to stop weeds from growing.
Habitat The natural home or environment of an animal, plant or other organism.
Habitat Restoration The practice of renewing and restoring degraded, damaged, or destroyed ecosystems and habitats in the environment by active human intervention and action.
Heat Island Effect An urban area or metropolitan area that is significantly warmer than its surrounding rural areas due to human
activities.
Home Occupation Any occupation or business use, full‐ or part‐time, conducted within a dwelling or an accessory structure, or both, by a resident of the property.
Homeowners Association (HOA) An organization of homeowners of a particular subdivision, condominium or planned unit development that provides a common basis for preserving, maintaining, and enhancing homes and property.
Homesteading A lifestyle of self‐sufficiency characterized by individual or communal gardening and agriculture; home preservation of food; farm‐to‐table food preparation and the sale of local artisanal foods. and may also involve the small scale
production of textiles, clothing, and craftwork for household use or for sale.
Horticulture The art or practice of garden cultivation and management.
Household Demographic Households and families are basic units of analysis in demography.
Hydrofluorocarbons (HFCs) Any of a class of partly chlorinated and fluorinated hydrocarbons, used as an alternative to chlorofluorocarbons in foam production, refrigeration, and other processes.
Hydroponics The method of growing plants without soil, using mineral nutrient solutions in a water solvent.
Hydrozoning The practice of clustering together plants with similar water requirements in an effort to conserve water.
Incorporated A region of land that is governed by a local municipal corporation.
Infiltration Permeation of a liquid into something by filtration.
Infrastructure The basic physical and organizational structures and facilities needed for the operation of a society or enterprise.
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Appendix A: Definitions
Term Definition
Irrigation System A system of supplying land with water by means of artificial canals, ditches, or pipes to promote the growth of food crops or plants.
Landmark An object or feature of landscape or town that is easily seen and recognized from a distance.
Landscape Maintenance District (LMD) A special district formed to provide benefitting property owners with the opportunity to pay for enhanced
landscaping and appurtenant improvements, maintenance,
and services beyond those generally provided by the county.
Landscaping The process of making a piece of land more attractive by altering the existing design, adding ornamental features, and planting trees and shrubs.
Learning Center A learning center is typically a designated area that provides students with exciting and interesting experiences to
practice, enrich, reteach, and enhance their learning.
Linear Park A park in an urban or suburban setting that is substantially longer than it is wide.
Live/Work Property that combines residential living space with commercial or manufacturing space.
Lot Coverage The amount (expressed in a percentage) of the area of a lot covered by the building footprint, including the garage, porch, patio enclosed on three sides, California room, etc. and excluding eaves.
Low Albedo Pavement Asphalt pavements that are light in color and/or reflect heat and remain cooler than darker pavements.
Low Impact Development Systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat.
Low Speed Vehicle (LSV) A legal class of 4‐wheel vehicles that have a maximum capable speed typically around 25 mph.
Market Rate The real price or cost of something decided by a market rather than calculated or fixed.
Master Planned Community Any community that was carefully planned from its inception and is typically constructed in a previously undeveloped area.
Mello‐Roos Community Facilities Act Allows any county, city, special district, school district or joint powers authority to establish a CFD, which allows for the financing of public services and facilities.
Methane (CH4) A colorless, odorless flammable gas that is the main constituent of natural gas.
Microscopic Organism An organism that can only be seen with the aid of a microscope and that typically consists of only a single cell.
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Fanita Ranch Specific Plan
Term Definition
Mitigation The action of reducing the severity, seriousness of something.
Mixed Use A type of urban development that blends residential, commercial, cultural, institutional, or industrial uses, where those functions are physically and functionally integrated, and that provides pedestrian connections.
Multi‐Family Housing A classification of housing where several separate housing units for residential inhabitants are contained within one building or several buildings within one complex.
Multi‐Modal Circulation System Transportation system that allows for multiple modes of transportation.
Native Landscaping The use of native plants, including trees, shrubs, groundcover, and grasses which are indigenous to the
geographic area of the garden.
Natural Drainage The natural removal of surface water and sub‐surface water from an area.
Natural Hazards Naturally occurring physical phenomenon caused either by rapid or slow onset events which can be geophysical
(earthquakes, landslides, tsunamis, and volcanic activity), hydrological (avalanches and floods), climatological (extreme temperatures, drought and wildfires), meteorological
(cyclones, storms/wave surges) or biological (disease
epidemics and insect/animal plagues)
Natural Resources Materials or substances such as minerals, forests, water and fertile land that occur in nature and can be used for
economic gain.
Natural Watershed A small version of a river basin which drains into a larger stream or wetland.
Neighborhood A district, especially one forming a community within a town or city.
Nitrogen A colorless, odorless unreactive gas that forms about 78 percent of the earth's atmosphere.
Non‐Point Source Pollutants Pollutants that come from many diffused sources.
Non‐Profit An organization that uses its surplus revenues to further achieve its purpose or mission, rather than distributing its surplus income to the organization's shareholders as profits or dividends.
Non‐Slip Surface A surface designed to prevent sliding, especially being made of sticky material or having a surface with a special texture.
Office Park An area where a number of office buildings are built together on landscaped grounds.
Off‐Street Parking Parking that is anywhere but on the street.
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Appendix A: Definitions
Term Definition
On‐Farm Composting Composting is the natural process of 'rotting' or decomposition of organic matter by microorganisms under controlled conditions located on farm land.
On‐Street Parking Parking that is on the street.
Open Space Any open piece of land that is undeveloped and is accessible to the public.
Organic Material The large pool of carbon‐based compounds found within natural and engineered, terrestrial and aquatic
environments.
Parking Management Plan A plan that addresses parking congestion, traffic congestion, excessive parking facility costs, poor pedestrian
environments and the geographic areas to be considered for Paseo A plaza or walkway
Passive Recreation Non‐consumptive uses such as wildlife observation, walking, biking, and canoeing.
Pedestrian Circulation A schematic empirical projection or model of how pedestrians flow through a given area.
Permaculture The development of agricultural ecosystems intended to be sustainable and self‐sufficient.
Permeable Concrete A special type of concrete with a high porosity used for concrete flatwork applications that allows water from
precipitation and other sources to pass directly through, thereby reducing the runoff from a site.
Pesticides A substance used for destroying insects or other organisms harmful to cultivated plants or to animals.
Phosphorous A colorless, flammable, toxic gas.
Photo Voltaic Panels (PV) Panels that allow solar cells to convert energy from the sun into a flow of electrons by the photovoltaic effect.
Photovoltaic Power Station A large‐scale photovoltaic system designed for the supply of merchant power into the electricity grid.
Plant Propagation Plant propagation is the process of creating new plants from a variety of sources: seeds, cuttings and other plant parts.
Plant Storage Also called "storage organ" is a part of a plant specifically modified to store energy (e.g. carbohydrates) or water. They are usually found underground (for protection from
herbivores) and result from changes to roots, leaves or stems.
Playfield A playground for outdoor athletics.
Pocket Park A pocket park (also known as a parkette, mini‐park or vest‐ pocket park) is a small park accessible to the general public.
Pocket parks are frequently created on a single vacant
building lot or on small, irregular pieces of land.
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Fanita Ranch Specific Plan
Term Definition
Point Source Pollutants Any single identifiable source of pollution from which pollutants are discharged, such as a pipe, ditch, ship, or factory smokestack.
Post Harvesting Activities The handling, storage, processing, packaging, and transport of agricultural and horticultural products following a harvest in preparation for sale and distribution. Such activities could include, but are not limited, to drying, degreening (removing the green or other inedible portions of the plant from the edible product), shelling, shucking, and more.
Potable Water Main A pipe network for distribution of water to the consumers and other usage points.
Preservation The action of preserving something.
Primary Use Uses of land that are found on the same parcel as the accessory use but are main use.
Private Open Space A usable outdoor area that could include balconies, terraces, decks, but does not typically include front yards and areas between a dwelling and the street frontage boundary.
Property Line The boundary line between two pieces of property.
Property Tax An ad valorem tax on the value of a property, usually levied on real estate.
Public Art Any media that has been planned and executed with the intention of being staged in the physical public domain, usually outside and accessible to all.
Public Dedication An appropriation of land to a public use, made by the owner, and accepted for such use by or on behalf of the public.
Public Improvements The construction, enlargement, extension or other construction of a facility intended for dedication to an agency, including, but not limited to, a street, curb and gutter, sidewalk, cross gutter, catch basin, drainage
improvements, traffic control and street name sign, or other roadway, domestic water supply system, fire hydrant, valve, sanitary sewer main or outfall, lift station, force main, manhole or other appurtenance.
Public Interest Slope Internal manufactured slopes over 40’ in height within Fanita Ranch that are visible from the public rights‐of‐way identified in Exhibit 8.1: Conceptual Grading Plan of the Fanita Ranch Specific Plan. Public Interest slopes shall be designed using land form grading techniques to recreate and mimic the natural contours and drainages within the
surroundings. Maximum cut and fill slope ratios shall be pursuant to Section 8.1: Grading Plan of the Specific Plan.
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Appendix A: Definitions
Term Definition
Public Park A public playground, recreation center or area, and other public areas created, established, designated, maintained, provided or set aside by the city, for the purposes of public rest, play, recreation, enjoyment or assembly and all
buildings, facilities, and structures located thereon or therein.
Public Realm The space around, between and within buildings that are publicly accessible, including streets, squares, parks and open spaces.
Pumping Station Facilities including pumps and equipment for pumping fluids from one place to another.
Quasi‐Governmental A type of corporation in the private sector that is backed by a branch of government that has a public mandate to
provide a given service.
Recreational Amenities Amenities that aid in recreational opportunities such as sports fields, swimming pools, dog parks, etc.
Recycling The process that coverts waste into a reusable material.
Reimbursement Agreement A contract entered into by a developer and an agency to allow payment to a developer of allowable costs.
Renewable Energy Energy from a source that is not depleted when used, such as wind or solar power.
Residential An area of land in which housing predominates.
Retail An area of land in which commercial uses predominates.
Reverse Osmosis A process by which a solvent passes through a porous membrane in the direction opposite to that for natural
osmosis when subjected to a hydrostatic pressure greater than the osmotic pressure.
Ride‐Sharing An arrangement in which a passenger travels in a private vehicle driven by its owner, for free or for a fee, especially as arranged by means of website or app.
Rights‐of‐Way The legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another.
Riparian Corridor An area that is the interface between land and a river or stream.
Rooftop Solar Power (PV) A photovoltaic system that has its electricity‐generating solar panels mounted on the rooftop of a residential or commercial building or structure.
Roundabouts A traffic circle that promotes the flow of traffic.
Runoff The drainage away of water from the surface of an area of land.
Sales Tax A tax on sales.
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Fanita Ranch Specific Plan
Term Definition
SB 375 The Sustainable Communities and Climate Protection Act of 2008 is a state law targeting greenhouse gas emissions from passenger vehicles.
Sedimentation The process of settling or being deposited as a sediment.
Setback The distance which a building or other structure is setback from a street or road, a river or stream, a shore or
floodplain, or any other place which is deemed to need
Single‐Family Housing A stand‐alone house, detached residence, or separate house is a free‐standing residential building.
Smart Controller A system that incorporates functions of sensing, actuation, and control in order to describe and analyze a situation, and make decisions based on the available data in a predictive or adaptive manner, thereby performing smart actions.
Smart Growth Planned economic and community development that attempts to curb urban sprawl and worsening environmental conditions.
Soil Organic Carbon (SOC) The main component of soil organic matter (SOM) and is one part in the much larger global carbon cycle that involves the cycling of carbon through the soil, vegetation, ocean and the atmosphere.
Solar Array One or many solar panels that produce energy.
Solar Farm An installation or area of land in which a large number of solar panels are set up in order to generate electricity.
Solar Water Heating Panels The conversion of sunlight into heat for water heating using a solar thermal collector.
Special Assessment District A specific geographic area that the government can assess against real estate parcels for certain public projects.
Specific Plan A document designed to implement the goals and policies of the General Plan.
Storm Drain A design to drain excess rain and ground water from impervious surfaces such as paved streets, parking lots, footpaths, sidewalks, and roofs.
Stormwater Surface water in abnormal quantity resulting from heavy falls of rain or snow.
Streetscape The natural and built fabric of the street, and the design quality of the street and its visual effect.
Subdivision An area of land divided into plots for sale.
Subsistence Agriculture The practice of small‐scale agriculture for direct consumption by individuals, families, and small
communities, such as home gardens, AgMeander,
community gardens, CSAs, community farms, etc.
Suspended Solid Small solid particles which remain in suspension in water as a colloid or due to the motion of the water.
May 2020 A-15
Appendix A: Definitions
Term Definition
Superelevation The transverse slope obtained by raising the outer edge of the pavement with respect to the inner edge throughout the length of a horizontal curve to counteract the effects of centrifugal force and reduce the tendency of a vehicle to overturn and to skid laterally outwards (banking). Maximum superelevation rates are based on several variables, such as climate, terrain, design speed and pavement friction.
Sustainability Development that is conducted without the depletion of natural resources.
Swales Landscaped elements designed to concentrate or remove silt and pollution from surface runoff water.
Take Permit A permit issued under Section 10 of the United States Endangered Species Act (ESA) to private, non‐federal entities undertaking otherwise lawful projects that might result in the take of an endangered or threatened species.
Transit Hub A place where passengers are exchanged between vehicles or modes of transport
Topography The arrangement of the natural and artificial physical features of an area.
Traffic Calming Measure The use of physical design and other measures to improve safety for motorists, pedestrians, and cyclists and to
potentially reduce the traffic flow.
Transportation Demand Management
Plan (TDM)
A set of strategies that includes transportation demand management to focus on specific needs for integrating TDM into existing activities that are carried out under the transportation planning process.
Unincorporated A region of land that is not governed by a local municipal corporation.
Urban Sprawl The uncontrolled expansion of urban areas.
Utilities Organizations that provide the community with electricity, gas, water, and sewage.
Vesting Tentative Map The parcel configuration proposed prior to a final or parcel map.
Walkability A measure of how friendly an area is to walking.
Wastewater Water that has been used in the home, in a business, or as part of an industrial process.
Water Conservation The preservation, control, and development of water resources, both surface and groundwater and prevention of pollution.
Water Pressure Zone The area bounded by both a lower and upper elevation, all of which receives water from a given hydraulic grade line or pressure from a set water surface.
A-16 May 2020
Fanita Ranch Specific Plan
Term Definition
Water Reservoir A storage space for water, typically in the form of an enlarged natural or artificial lake, storage pond, or
impoundment created using a dam or lock.
Water Velocity The expression of the displacement that an object or particle undergoes with respect to time.
Wayfinding All of the ways in which people orient themselves in physical space and navigate from place to place.
Wildlife Corridor A link of wildlife habitat, generally native vegetation, which joins two or more larger areas of similar wildlife habitat.
Working Farm A farm whose agricultural land and buildings are in active use for crop production and or the raising of livestock.
Zero Net Energy Standards A building with zero net energy consumption, meaning the total amount of energy used by the building on an annual basis is roughly equal to the amount of renewable energy created onsite.
Zoning Divide land into or assign to zones, based on land use.
May 2020 B-1
Appendix B:
Fanita Ranch Street Design
The Fanita Ranch Specific Plan creates a network of streets of varying design capacities tailored to meet the unique concepts of the three Villages. The Specific Plan street designs address safety, aesthetics and functionality as well as site constraints. The Specific Plan street standards are based on the City of Santee Mobility Element (October 2017) and City of Santee Public Works Standards (February 1998).
Modifications to the street right-of-way (ROW) widths, curb-to-curb dimensions, sidewalk and median configurations to meet the specific needs of Fanita Ranch are described below.
The Average Daily Trips (ADT) of each proposed Fanita Ranch Specific Plan Street is consistent with the ADT range of the corresponding City of Santee Standard Street. The proposed design speed and geometric design for each Specific Plan street standard meets the City of Santee requirements, with the exception of maximum grade. The justification for increasing maximum grade and other proposed design modifications meets the following conditions:
A. There are extraordinary or unusual circumstances or conditions applicable to the situation necessitating the need for different street standards for Fanita Ranch, including areas of steep existing topography, minimization of grading quantities, minimization of grading footprint, and minimization of impacts on sensitive resources.
B. The proposed Specific Plan street standards will not cause substantial drainage, safety, maintenance or other problems.
C. The proposed Specific Plan street standards will not conflict with existing or future traffic and parking demands or pedestrian or bicycle use.
D. The proposed Specific Plan street standards will not be detrimental to the public welfare or injurious to the property or improvements within and directly adjacent to the Fanita Ranch site.
B-2 May 2020
Fanita Ranch Specific Plan
Table B.1: Fanita Ranch Specific Plan Streets, compares design criteria for each Fanita Ranch Specific Plan Street to the corresponding City of Santee Standard Street.
May 2020 B-3
Appendix B: Fanita Ranch Street Design Criteria
Table B.1: Fanita Ranch Specific Plan Streets
ID
Fanita Ranch
Specific Plan Street
City of Santee
Street Standard Modifications
1 Fanita Parkway – 4-Lane
Parkway/Major Arterial
4-Lane Parkway / Major
Arterial City Standard
Option 2
• The overall ROW is narrowed from 102’ to 97’ (89’
where median width is reduced).
• Improvements within the ROW include a 14’
median and a reduced median to curb dimension
(from 34’ to 31’).
• The outside travel lanes are reduced from 13’ to 12’. • The bike lane buffer is reduced from 4’ to 2’.
• The sidewalk is eliminated from the east side.
• A 10’ multi-purpose trail is provided on the west
side separated from the travel lane by a 6’ wide
landscaped parkway to enhance the pedestrian
experience and provide an increase sense of
pedestrian safety and comfort.
• Parkways and median may be super elevated to
take up grade from east to west within the limited
available right-of-way.
• Parkways and medians may have up to a 4:1 slope
where shown on plans.
• The median width may be reduced from 14’ to 6’
in the vicinity of wetland and/or biological impacts.
• Traffic calming measures include a raised median,
narrowed travel lanes and designated on-street
bicycle lanes with buffers.
B-4 May 2020
Fanita Ranch Specific Plan
ID
Fanita Ranch
Specific Plan Street
City of Santee
Street Standard Modifications
1A Fanita Parkway – 3-Lane
Parkway
4-Lane Parkway / Major
Arterial City Standard
Option 2
• The overall ROW is narrowed from 102’ to 97’ (89’
where median width is reduced).
• Improvements within the ROW include a 14’
median and a reduced median to curb dimension
on the west side (from 34’ to 31’) and on the east
side (from 34’ to 20’).
• The outside travel lane on the west side is reduced
from 13’ to 12’ and the bike lane buffer is reduced
from 4’ to 2’.
• The outside travel lane on the east side is
eliminated and the bike lane buffer is reduced from
4’ to 3’.
• The sidewalk is eliminated from the east side and
a 10’ multi-purpose trail is provided on the west
side, separated from the travel lane by a 6’ wide
landscaped parkway to enhance the pedestrian
experience and provide an increase sense of
pedestrian safety and comfort.
• Parkways and median may be super elevated to
take up grade from east to west within the limited
available right-of-way.
• Parkways and medians may have up to a 4:1 slope
where shown on plans.
• The median width may be reduced from 14’ to 6’
in the vicinity of wetland and/or biological impacts.
• Traffic calming measures include a raised median,
narrowed travel lanes and designated on-street
bicycle lanes with buffers.
2 Cuyamaca Street, Off-Site
– 4-Lane Major Arterial
4-Lane Major Arterial
City Standard Option 2
No Change
May 2020 B-5
Appendix B: Fanita Ranch Street Design Criteria
ID
Fanita Ranch
Specific Plan Street
City of Santee
Street Standard Modifications
3 Cuyamaca Street, On
and Off-Site – 2-Lane
Parkway Type 1
2-Lane Parkway with
TWLTL
• The overall ROW is narrowed from 84’ to 70’ (74’
where turn pocket occurs).
• Improvements within the ROW include a raised
median at 10’ to 14’ instead of a 12’ painted median
and a reduced median to curb dimension (from 26’
to 20’-22’).
• The travel lanes are reduced from 13’ to 12’ and the
bike lane buffer is increased from 0’ to 3-5’.
• Parking is eliminated on both sides; only
emergency parking is permitted.
• An 8’ multi-purpose trail is provided on the west
side, separated from the travel lane by a 6’ wide
landscaped parkway to enhance the pedestrian
experience and provide an increase sense of
pedestrian safety and comfort.
• The sidewalk is eliminated on the east side.
• A 4.5’ DG trail is provided on the east side, north
of water tank 2 to Street “A”/”W” only.
• The bike lane and buffer on the west side may be
used as an emergency evacuation lane.
• Overall pavement width is reduced from 64’ to
52-56’ to reduce heat island effect and to improve
water quality.
• The maximum grade increased from 10% to 12%.
• Lighted sag vertical curves.
• Traffic calming measures include roundabouts,
raised medians, designated on-street bike lanes and
narrowed travel lanes.
B-6 May 2020
Fanita Ranch Specific Plan
ID
Fanita Ranch
Specific Plan Street
City of Santee
Street Standard Modifications
4 Fanita Parkway – 2-Lane
Parkway Type II
2-Lane Parkway with
TWLTL
• The overall ROW is narrowed from 84’ to 77’ (69’
where median width is reduced).
• Improvements within the ROW include a raised
14’ median instead of a 12’ painted median and a
reduced raised median to curb dimension (from
26’ to 20’-22’).
• The travel lanes are reduced from 13’ to 12’
• The bike lane buffer is increased from 0’ to 3’-5’.
• Vehicular parking is eliminated on both sides; only
emergency parking is permitted.
• A 10’ multi-purpose trail is provided on the west
side separated from the travel lane by a 6’ wide
landscaped parkway to enhance the pedestrian
experience and provide an increase sense of
pedestrian safety and comfort.
• The sidewalk is eliminated on the east side.
• The bike lane and buffer on the west side may be
used as an emergency evacuation lane.
• Parkways and median may be super elevated to
take up grade from east to west within the limited
available right-of-way.
• Parkways and medians may have up to a 4:1 slope
where shown on plans.
• The median width may be reduced from 14’ to 6’
in the vicinity of wetland and/or biological impacts.
• Maximum grade increased from 10% to 12%.
• Lighted sag vertical curves.
• Traffic calming measures include a community
gateway, roundabouts, raised medians, narrowed
travel lanes and designated on-street bicycle lanes
with buffers.
May 2020 B-7
Appendix B: Fanita Ranch Street Design Criteria
ID
Fanita Ranch
Specific Plan Street
City of Santee
Street Standard Modifications
5 Fanita Parkway – 2-Lane
Parkway Type III
2-Lane Parkway with
TWLTL
• The overall ROW is narrowed from 84’ to 83’.
• Improvements within the ROW include a raised
10’ median instead of a 12’ painted median and a
reduced raised median to curb dimension (from
26’ to 22’-25’).
• The travel lanes are reduced from 13’ to 12’ and the
bike lane buffer is increased on the west side from
0’ to 5’.
• Vehicular parking is eliminated on west side; only
emergency parking is permitted.
• A 10’ multi-purpose trail is on the west side
separated from the travel lane by a 6’ wide
landscaped parkway to enhance the pedestrian
experience and provide an increase sense of
pedestrian safety and comfort.
• The bike lane and buffer on the west side may be
used as an emergency evacuation lane.
• Parkways and median may be super elevated to
take up grade from east to west within the limited
available right-of-way.
• Parkways and medians may have up to a 4:1 slope
where shown on plans.
• Lighted sag vertical curves.
• Traffic calming measures include roundabouts,
raised medians, raised crosswalks and on-street
bicycle lanes with buffers.
B-8 May 2020
Fanita Ranch Specific Plan
ID
Fanita Ranch
Specific Plan Street
City of Santee
Street Standard Modifications
6 Residential Collector
Type 1
Residential Collector /
2-Lane Parkway
• The overall ROW narrowed from 60’ to 59 (69’
where left-turn pocket occurs).
• Improvements within the ROW include a 10’
painted median at intersections only and curb-tocurb dimension increased from 40’ to 43’. • Bike lanes are added to both sides.
• Parking is eliminated on the south side.
• A 6’ meandering trail is added to the north side to
enhance the pedestrian experience along the linear
park.
• Maximum grade increased from 10% to 13%.
• Lighted sag vertical curves.
• Roundabouts and raised intersections are utilized
for traffic calming.
7 Residential Collector
Type II
Residential Collector /
2-Lane Parkway
• The overall ROW is widened from 60’ to 62’.
• Improvements within the ROW include a 6’ raised
median and an increased curb-to-curb dimension
(from 40’ to 48’).
• Bike lanes are added to both sides with a 3-5’
buffer.
• Parking is eliminated on both sides; only
emergency parking is permitted.
• The sidewalk is eliminated on the north side.
• A 6’ meandering trail is added to the north side
that typically is located outside of the ROW.
• The parkway on the south side is increased from 5’
to 6.5’.
• The bike lane and buffer on the north side may be
used as an emergency evacuation lane.
• The maximum grade is increased from 10% to 15%.
• Lighted sag vertical curves.
• Traffic calming measures include a chicane to
control downhill speeds, on-street parking, raised
medians and designated on-street bicycle lanes
with buffers.
May 2020 B-9
Appendix B: Fanita Ranch Street Design Criteria
ID
Fanita Ranch
Specific Plan Street
City of Santee
Street Standard Modifications
8 Residential Collector
Type III
Residential Collector /
2-Lane Parkway
• The overall ROW is widened from 60’ to 78’, 79’
and 83’ (79’ where 6’ trail occurs, and 83’ where 10’
trail occurs instead of 5’ sidewalk).
• Improvements within the ROW include a 14’ raised
median and increased curb-to-curb dimension
(from 40’ to 56’).
• Bike lanes are added to both sides with 3-5’ buffer.
• Parking is eliminated on both sides; only
emergency parking is permitted.
• Parkways are widened from 5’ to 6’.
• The bike lane and buffer on the north or west side
may be used as an emergency evacuation lane.
• The maximum grade increased from 10% to 12%.
• Lighted sag vertical curves.
• Traffic calming measures include roundabouts,
intersection pop-outs, raised crosswalks and
designated on-street bicycle lanes with buffers.
9 Magnolia Avenue, OffSite – Collector Type IVCollector / 2-Lane Parkway
• The overall ROW is widened from 60’ to 67’.
• Improvements within the ROW include an increase
of the curb-to-curb dimension from 40’ to 52’.
• Bike lane buffers are added to both sides.
• Vehicular parking is eliminated on both sides; only
emergency parking is permitted.
• The maximum grade is increased from 10% to 12%.
• Design speed is reduced from 40 mph to 35 mph.
• Lighted sag vertical curves.
• Traffic calming measures potentially include
designated on-street bicycle lanes with buffers,
raised pedestrian crossings, intersection
neckdowns and flashing radar signs.
B-10 May 2020
Fanita Ranch Specific Plan
ID
Fanita Ranch
Specific Plan Street
City of Santee
Street Standard Modifications
10 Cuyamaca Street –
Residential Collector
Type V
Residential Collector /
2-Lane Parkway
• The overall ROW is widened from 60’ to 75’.
• Improvements within the ROW include the
addition of a 10’ raised median and curb-to-curb
dimension increased from 40’ to 52’.
• Bike lanes are added to both sides with 3’-5’ buffer. • Vehicular Parking is eliminated on both sides; only
emergency parking is permitted.
• An 8’ multi-purpose trail is provided on the west
side separated from the travel lane by a 5’ wide
landscaped parkway to enhance the pedestrian
experience and provide an increase sense of
pedestrian safety and comfort.
• The maximum grade is increased from 10% to 15%.
• Lighted sag vertical curves.
• Traffic calming measures include a raised median
and designated on-street bicycle lanes with buffers.
11 Cuyamaca Street - Village
Collector
Residential Collector /
2-Lane Parkway
• The overall ROW is widened from 60’ to 88’.
• Improvements within the ROW include the
increased curb-to-curb dimension (from 40’ to
64’).
• Diagonal parking provided on both sides.
• A 14’ sidewalk/multi-purpose trail on the west side
and a 10’ sidewalk on the east side are provided,
with tree wells added.
• Landscaped parkways are eliminated.
• Lighted sag vertical curves.
• Traffic calming measures include diagonal parking
and on-street bicycle lanes with buffers.
May 2020 B-11
Appendix B: Fanita Ranch Street Design Criteria
ID
Fanita Ranch
Specific Plan Street
City of Santee
Street Standard Modifications
12 Residential Collector
Type VII
Residential Collector /
2-Lane Parkway
• The overall ROW is widened from 60’ to 62’ (63’
where 6’ trail occurs instead of 5’ sidewalk).
• Design speed is reduced from 35 mph to 25 mph.
• Landscaped parkways are widened from 5’ to 6’.
• A 6’ trail replaces the standard 5’ sidewalk where
shown on the plan.
• The maximum grade increased from 10% to 12%.
• Lighted sag vertical curves.
13 Village Street Type 1 Local Street • The overall ROW is widened from 56’ to 80’. • Improvements within the ROW include the
addition of a 20’ raised median and an increased
curb-to-curb dimension (from 36’ to 60’).
• Travel lane plus parking dimension is increased
from 18’ to 20’.
• Landscaped parkways are eliminated.
• Sidewalks are widened from 5’ to 10’ and tree wells
added.
• Lighted sag vertical curves.
• Traffic calming measures include intersection popouts and a raised median. 14 Village Street Type II Local Street • The overall ROW is widened from 56’ to 70’. • Improvements within the ROW include an
increased curb-to-curb dimension (from 36’ to
50’).
• Diagonal parking is added to one side.
• Landscaped parkways are eliminated.
• Sidewalks are widened from 5’ to 10’.
• Lighted sag vertical curves.
• Traffic calming measures include intersection popouts and diagonal parking.
B-12 May 2020
Fanita Ranch Specific Plan
ID
Fanita Ranch
Specific Plan Street
City of Santee
Street Standard Modifications
15 Village Street Type III Local Street • Landscaped parkways are eliminated. • Sidewalks are widened from 5’ to 10’ and tree wells
added.
• Lighted sag vertical curves.
• Intersection pop-outs are utilized for traffic
calming.
16 Residential Street Local Street • The overall ROW is widened from 56’ to 57’; 58’ where 6’ trail occurs instead of 5’ sidewalk and 62’
at school drop-off.
• Centerline to curb dimension is increased from 18’
to 23’ at school drop-off.
• Sidewalk width is increased from 5’ to 10’ where
shown on plan as school drop-off.
• Parkway width increased from 5’ to 5.5’.
• The maximum grade is increased from 12% to 15%.
• Lighted sag vertical curves.
• Intersection pop-outs are utilized for traffic
calming.
17 Split Residential Street,
One-Way
Local Street • Additional 3’ of paved road width was added to provide for vehicle back-out distance due to oneway configuration. ROW width varies due to each unique median or park configuration.
18 Carlton Hills Boulevard,
Private Street
No City standards for
Private Street conditions
• The overall ROW is narrowed from 56’ to 42’
(consisting of a 5’ sidewalk, 4’ x 8’ BMP area
and parking on the west side and two 12’ travel
lanes) by eliminating sidewalk and parking on the
east side. Existing ROW easement is 70’ and is
unchanged.
19 Private Residential Street No City standards for
Private Residential Street
conditions
20 Private Residential
Driveway
No City standards for
Private Residential
Driveway conditions
FANITA RANCH SPECIFIC PLAN
STREET DESIGN CRITERIA
PROPOSED SECTION – FANITA
SPECIFIC PLAN
ADT RANGE
(Santee Mobility
Element Equivalent) Estimated
ADT
DESIGN
SPEED
MPH
TRAVEL
LANES BIKE LANE PARKING
MEDIAN
WIDTH
(FT)
CURB TO
CURB (FT) ROW (FT)
MAX
GRADE
% (f)
MAX GRADE %
THROUGH
INTERSECTION
MAX CENL.
INTERSECTION
ANGLE (DEG)
MIN. CENL (e)
RADIUS (FT)
STD. CROWN/
FULL SUPER
MIN.
TRAFFIC
INDEX
STOPPING
SIGHT
DISTANCE NO. NAME
1 FANITA PARKWAY
4 LANE PARKWAY
15,000-40,000
4-Lane Parkway/
Major Arterial
City Std. Optn. 2
15,460 50(g) 4-12’ CLASS I &
II
EMERGENCY,
BOTH SIDES
14’(b)
RAISED 68’, 76’ 89’, 97’ 7 5 10 1400/850 8.5 430’
1a FANITA PARKWAY
3 LANE PARKWAY
15,000-40,000
4-Lane Parkway/
Major Arterial
City Std. Optn. 2
15,130 50(g) 2-12' +
1-12'
CLASS I &
II
EMERGENCY,
BOTH SIDES
14’(b)
RAISED 57’, 65’ 89’-97’ 7 5 10 1400/850 8.5 430’
2 Offsite
CUYAMACA
STREET
4 LANE MAJOR
ARTERIAL
15,000-40,000
4-Lane Major Arterial 18,630 50 4-12’ CLASS II EMERGENCY, BOTH SIDES 14’
RAISED 82’ 102’ 7 5 10 1400/850 8.5 430’
3 On &
Offsite
CUYAMACA
STREET
2 LANE PARKWAY
TYPE I
5,000-15,000
2-Lane Parkway w/
TWLTL
13,920 40(d) 2-12' CLASS II EMERGENCY,
BOTH SIDES
10’(b)
RAISED 52’, 56’ 70’, 74’ 12 5 10 800/550 8.0 300’
4 FANITA PARKWAY
2 LANE PARKWAY
TYPE II
5,000-15,000
2-Lane Parkway w/
TWLTL
12,350 40(d) 2-12' CLASS I &
II
EMERGENCY,
BOTH SIDES
14’(b)
RAISED 48’, 56’ 69’, 77’ 12 5 10 800/550 8.0 300’
5 FANITA PARKWAY
2 LANE PARKWAY
TYPE III
5,000-15,000
2-Lane Parkway w/
TWLTL
9,730 40(d) 2-12' CLASS I &
II
YES ONE SIDE,
EMERGENCY
ONE SIDE
10’
RAISED 57’ 83’ 10 5 10 800/550 8.0 300’
6 RESIDENTIAL
COLLECTOR
TYPE I
4,000-10,000
Residential Collector/
2-Lane Parkway
7,400 35(d) 2-12' CLASS II YES ONE SIDE 10’
PAINTED 53’ 59’, 69’ 13 5 10 610/400 7.5 250’
7 RESIDENTIAL
COLLECTOR
TYPE II
4,000-10,000
Residential Collector/
2-Lane Parkway
6,480 35(g) 2-12' CLASS II EMERGENCY,
BOTH SIDES 6’ RAISED 48’ 62’ 15 5 10 610/400 7.5 250’
8 RESIDENTIAL
COLLECTOR
TYPE III
4,000-10,000
Residential Collector/
2-Lane Parkway
6,480 35(d) 2-12' CLASS II EMERGENCY,
BOTH SIDES
14’
RAISED 56’ 78’, 83’ 12(a) 5 10 610/400 7.5 250’
9 Offsite
MAGNOLIA
AVENUE
COLLECTOR
TYPE IV
4,000-10,000
Collector/
2-Lane Parkway
6,310 35(g)(j) 2-13’ CLASS II YES, BOTH
SIDES
12’
PAINTED 52’ 67’ 12 5 10 610/400 7.5 250’
10 CUYAMACA
STREET
RESIDENTIAL
COLLECTOR
TYPE V
4,000-10,000
Residential Collector/
2-Lane Parkway
6,180 35(d)(g) 2-12' CLASS II EMERGENCY,
BOTH SIDES
10’
RAISED 52’ 75’ 15(a) 5 10 610/400 7.5 250’
11 VILLAGE
COLLECTOR
4,000-10,000
Residential Collector/
2-Lane Parkway
6,180 35(d) 2-12.5’ N/A YES, BOTH
SIDES(c) N/A 64’ 88’ 10 5 10 610/400 7.5 250’
12 RESIDENTIAL
COLLECTOR
TYPE VII
4,000-10,000
Residential Collector/
2-Lane Parkway
4,300 25(d) 2-12' N/A YES, BOTH
SIDES N/A 40’ 62’, 63’ 12(a) 5 10 200
7.5 160’
13 VILLAGE STREET
TYPE I
2,200
(LOCAL) 25 2-12’ N/A YES, BOTH SIDES
20’
RAISED 60’ 80’ 12 5 10 200 5.0 160’
14 VILLAGE STREET
TYPE II
2,200
(LOCAL) 25 1-12.5’+ 1-10’ N/A YES, BOTH SIDES N/A 50’ 70’ 12 5 10 200 5.0 160’ 15 VILLAGE STREET
TYPE III
2,200
(LOCAL) 25 2-10’ N/A YES, BOTH SIDES N/A 36’ 56’ 12 5 10 200 5.0 160’ 16 RESIDENTIAL
STREET
2,200
(LOCAL) 25 2-10’ N/A YES, BOTH SIDES(c) N/A 36’ 57’, 58’, 62’ 15(a) 5 10 200 5.0 160’
17 RESIDENTIAL
STREET
2,200
(LOCAL) 25 2-10’ N/A YES, BOTH SIDES(c) N/A 42’ VARIES
PER PLAN 15(a) 5 10 200 5.0 160’
18 PRIVATE
RESIDENTIAL
STREET
2,200
(LOCAL) 25 2-12’ N/A YES, ONE SIDE N/A 32’ 70’(i) 12 5 10 200 5.0 160’ 19 PRIVATE
RESIDENTIAL
STREET
1,100
(PRIVATE) 15 2 N/A SEE PLAN N/A VARIES PER PLAN
VARIES
PER PLAN 12 5 10 35 5.0 100’
20 PRIVATE
RESIDENTIAL
DRIVEWAY
1,100
(PRIVATE) 15 2 N/A N/A N/A VARIES PER PLAN
VARIES
PER PLAN 12 5 10 35 5.0 100’
NOTES:
A. THE STREETS WITH A GRADIENT EXCEEDING 12% SHALL BE PCC IN ACCORDANCE WITH PUBLIC WORKS STANDARDS, CITY OF SANTEE.
B. MEDIAN WIDTH MAY BE REDUCED TO 6' IN THE VICINITY OF WETLAND AND/OR BIOLOGICAL IMPACTS PROVIDED THE REQUIRED TURN POCKETS FUNCTION PROPERLY. PARKWAY AND MEDIAN MAY HAVE UP TO A 4:1 SLOPE WHERE SHOWN ON PLANS.
C. PARKING MAY BE ELIMINATED ON ONE SIDE WHERE SHOWN ON PLANS.
D. ENTRY DESIGN SPEED OF A ROUNDABOUT SHALL BE 20 MPH.
E. CURVE RADII SHOWN ARE PER CALTRANS TABLE 202.2 ASSUMING STANDARD CROWN SECTION. MINIMUM CENTERLINE RADIUS ON SUPER ELEVATED STREETS SHALL BE PER CITY OF SANTEE PUBLIC WORKS STANDARDS TABLE A.
F. LIGHTED SAG VERTICAL CURVES CALCULATED AS L=0.0215AV² MAY BE USED ON ANY STREET PROVIDED THAT STREET LIGHTS ARE INSTALLED TO THE SATISFACTION OF THE DIRECTOR OF DEVELOPMENT SERVICES.
G. PARKWAY – PARKWAY IS DEFINED BY THE CITY OF SANTEE MOBILITY ELEMENT AS “ROADWAYS REQUIRING UNIQUE DESIGN APPLICATIONS WHERE STANDARD DESIGNS CANNOT BE UTILIZED BECAUSE OF STEEP TERRAIN, RIGHT-OF-WAY CONSTRAINTS, SPECIAL DEVELOPMENT NEEDS AND/OR OTHER SPECIAL CONDITIONS. DUE TO SIGNIFICANT VARIATION ALONG PARKWAY CROSS-SECTIONS, A TYPICAL CROSS-SECTION IS NOT PROVIDED.” H. THE FANITA RANCH SPECIFIC PLAN USES CALTRANS STANDARDS FOR HORIZONTAL AND VERTICAL DESIGN GEOMETRY BASED ON THE ASSIGNED DESIGN SPEED FOR EACH ROADWAY TYPE. UNLESS OTHERWISE NOTED STREET DESIGN SHALL CONFORM TO CITY OF SANTEE STANDARDS.
I. EXISTING 70’ ROADWAY EASEMENT.
J. THE DESIGN SPEED OF MAGNOLIA AVENUE BETWEEN PRINCESS JOANN ROAD AND CUYAMACA STREET IS 40 MPH; HOWEVER, THE VERTICAL GRADE DOES NOT MEET THE 40 MPH DESIGN SPEED DUE TO CONDITIONS (TERRAIN CONSTRAINTS) FOR WHICH A DESIGN VARIANCE IS PROVIDED ON THE VESTING TENTATIVE MAP.
Street Design Criteria
Fanita Ranch Specific Plan May 2020
Intentionally Blank
RESOLUTION NO. 095-2020
1 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 TM2017-3 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 SPECIFIC PLAN 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; 380-031-18; 380-040-43, 44
(RELATED TO PROJECT NUMBERS: GPA2017-2, SP2017-1,
R2017-1, P2020-2, P2017-5; DR2017-4; AEIS2017-11)
APPLICANT: HOMEFED FANITA RANCHO LLC
WHEREAS, on August 29, 2018 HomeFed Fanita Rancho LLC submitted a complete application for the Fanita Ranch Vesting Tentative Map TM2017-3 concurrent with a General Plan Amendment GPA2017-2, Zone District Base Map Amendment R2017-1, Development Review Permit DR2017-4, and Conditional Use Permits P2017-5 and P2020-2 to subdivide approximately 2,638 acres of property legally described in Exhibit A attached hereto (“Fanita project”); and
WHEREAS, the Vesting Tentative Map subdivides 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 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, a Draft Environmental Impact Report for the project was prepared and circulated for public review from May 29, 2020 through July 13, 2020, in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, on September 11, 2020, the Director of Development Services set this item for a public hearing in accordance with Section 13.04.100 of the Santee Municipal Code; and
WHEREAS, on September 23, 2020, the City of Santee (“City”) City Council held a duly advertised public hearing on Vesting Tentative Map TM2017-3 and related cases; and
RESOLUTION NO. 095-2020
2 WHEREAS, the City Council considered the Staff Report, all recommendations by staff, the Final Revised Environmental Impact Report (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 EIR 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 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 and any relevant specific plan(s).
The Vesting Tentative Map as conditioned is consistent with the Santee General Plan because:
i) It is consistent with the Land Use Element, Land Use Implementation Section 8.2 entitled “Areas for Special Study”, and the SP – Specific Plan Land Use designation;
ii) It 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 Enhancements Elements; and
iii) The subdivision proposes a comprehensively planned, sustainable residential community consistent with the Fanita Ranch Guiding Principles set forth in General Plan Amendment GPA2017-2, Resolution No. 094- 2020, 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 Specific Plan because:
i) 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 consistent with the Fanita Ranch Guiding Principles RESOLUTION NO. 095-2020
3 set forth in General Plan Amendment GPA2017-2, Resolution No. 094- 2020.
B. Whether the site is identified as a Residential Inventory site in the current Housing Element of the City’s General Plan and whether the density of the proposed development is consistent with the projections of the Residential Inventory.
The Fanita Ranch site is identified on the Residential Inventory (Table C-1) of the Fifth Cycle Housing Element, 2013-2021 as a site for above-moderate housing. The project will result in the City meeting its housing target for above-moderate income housing (Fifth Cycle Housing Element) as required by the State Department of Housing and Community Development.
The Fifth Cycle Housing Element identifies the Fanita Ranch site as PD - Planned Development with density listed as “N/A”. The density proposed by the Fanita Ranch Specific Plan will be reflected in an updated Housing Element Residential Sites Inventory for the Sixth Cycle Housing Element.
C. That the design or improvement of the proposed subdivision is consistent with the City’s General Plan.
The subdivision is consistent with all elements of 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 and Cuyamaca Street. 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 Specific Plan.
D. That the site is physically suitable for the proposed type of development.
The site is physically suitable of the type of development because:
i) The range of land uses shown on the subdivision map are consistent with the Fanita Ranch Specific Plan;
ii) The site is not located on any known “active,” “potentially active” or “inactive” fault traces as defined by the California Geologic Survey; RESOLUTION NO. 095-2020
4 iii) There are no soil or geologic conditions that would preclude development of the villages;
iv) The development of the Special Use Area will be restricted due to prior geotechnical mitigation performed in that area to reduce landslides; and
v) The Fanita 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.
vi) 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.
vii) 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 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 of the density of development because:
i) The range of land uses shown on the subdivision map are consistent with the Fanita Ranch Specific Plan; and
ii) 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 habitat in accordance with the Final Revised EIR.
RESOLUTION NO. 095-2020
5 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:
i) The Fanita Ranch project will be connected to a public sewer system; and
ii) 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 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 RESOLUTION NO. 095-2020
6 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).
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 a 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, the project will include fuel modification zones within the project boundaries that exceed the minimum width of 100 feet from structures, and as set forth in the FPP approved by the Santee Fire Department. 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 RESOLUTION NO. 095-2020
7 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.
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 FPP.
RESOLUTION NO. 095-2020
8 SECTION 5: Vesting Tentative Map TM2017-3, 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, 1 school lot, 1 community park lot, 8 neighborhood parks, 31 mini-park lots, 9 agriculture lots,1 Special Use Area lot, 2 water tank lots, 3 pump station lots and miscellaneous open space and water basin lots totaling 105 lots, in the Specific Plan District is hereby approved, subject to the following conditions:
A. Fanita Ranch Revised Environmental Impact Report (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. General Plan Amendment GPA2017-2 shall be approved.
C. Zone Amendment R2017-1 shall be adopted.
D. Development Review Permit DR2017-4 shall be approved.
E. Conditional Use Permits P2017-5 and P2020-2 shall be approved.
F. Development Agreement shall be adopted.
G. All approved plans and construction shall be consistent with the Fanita Ranch Specific Plan. All conditions of the Resolutions of Approval for the Fanita Ranch DR2017-4, Conditional Use Permits P2017-5 and P2020-2, and the terms of the Development Agreement shall apply.
H. 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), the CEQA Findings of Fact and Mitigation Monitoring and Reporting Program (MMRP) within in the timeframe specified in the MMRP.
I. Within thirty (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 RESOLUTION NO. 095-2020
9 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 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 RESOLUTION NO. 095-2020
10 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, the applicable portions of the Development Agreement, 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 Specific 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.
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.
RESOLUTION NO. 095-2020
11 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 and Cuyamaca Street intended for maintenance by the MHOA as shown on the VTM.
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.
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.
RESOLUTION NO. 095-2020
12 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-ofway 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 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 RESOLUTION NO. 095-2020
13 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 Specific 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 Specific 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 Development Services, those modifications are necessary to enhance overall quality or maintain 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 RESOLUTION NO. 095-2020
14 shall be in accordance with the City of Santee Public Works Standards unless otherwise specified in the Specific Plan and Preserve Management Plan and authorized in writing by the Director of Development Services.
c. 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 LPM-91-1 to ensure due process and orderly acquisition of City easements and to obtain a Letter of Permission to Grade.
d. 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.
e. 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. f. 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. g. 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.
RESOLUTION NO. 095-2020
15 h. 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. i. 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. j. 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. k. 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. l. 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 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. m. 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. n. 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.
o. 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 RESOLUTION NO. 095-2020
16 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 Specific 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 / 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) Residential Collector (Type V) Cuyamaca Street - Street ‘A’/’W’ to Street ‘T’ (52’ curb to curb / 75’ right-of-way)
k) Village Collector - Cuyamaca Street - Street ‘‘T’ to Fanita Parkway (64’ curb to curb / 88’ right-of-way)
l) Residential Collector (Type VII) - Portions of Streets ‘X’, ‘V’, ‘W’ and ‘WW’, (40’ curb to curb / 62’, 63’ right-of-way)
m) Village Street (Type I) - Street ‘T’ (60’ curb to curb / 80’ right-of-way) n) Village Street (Type II) - Portions of Street ‘P’ (50’ curb to curb / 70’ rightof-way) o) 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) p) 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) q) 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) r) Carlton Hills Boulevard (Private), (32’ curb to curb / Existing 70’ road easement)
s) Private Residential Street - Streets ‘CC’ and ‘FF’ (Varies curb to curb / Varies right-of-way)
RESOLUTION NO. 095-2020
17 t) 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, allfirehydrants,mustbe 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 2,500 gallons per minute for three hours with hydrants spaced at approximately every 400 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 2500 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 orincomplete submittals will not be accepted for plan check. At the time of plan check 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 Street Improvement Plan submittal package shall include the following:
RESOLUTION NO. 095-2020
18 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 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 rightof-way, 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 RESOLUTION NO. 095-2020
19 property are currently accessed via Sycamore Canyon Road. The Project shall provide a right-in/right-out only access on Fanita Parkway for the eastern easement access and a full access intersection with a northbound dedicated leftturn 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 (3) 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 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 RESOLUTION NO. 095-2020
20 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/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.
32. 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.
33. 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 as set forth in the Development Agreement.
34. 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 sitespecific 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 RESOLUTION NO. 095-2020
21 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 twenty-four (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 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.
35. 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.
RESOLUTION NO. 095-2020
22 36. 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. 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.
RESOLUTION NO. 095-2020
23 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 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 RESOLUTION NO. 095-2020
24 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 Specific 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 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) 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. 13) 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. 14) 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 RESOLUTION NO. 095-2020
25 Fee Schedule.
37. 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 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, 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.
38. 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.
RESOLUTION NO. 095-2020
26 39. 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.
40. 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.
41. 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 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.
RESOLUTION NO. 095-2020
27 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.
42. 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.
RESOLUTION NO. 095-2020
28 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.
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:
RESOLUTION NO. 095-2020
29 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.
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.
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30 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.
Technical Memorandum: Analysis of Potential Critical Course Sediment Yield Areas (PCCSYA) for Fanita Ranch shall:
w. 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.
x. 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:
y. 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 RESOLUTION NO. 095-2020
31 will require additional analysis and additional flow control measures as part of the final engineering design.
z. Provide appropriate documentation in the analysis report when the values not listed in the published references (e.g., Asoil-loss values) are utilized. aa.Provide appropriate discussion in the report narrative to explain and justify the range of flow events incorporated into the analysis.
43. 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).
44. 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 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.
45. 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.
46. 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 RESOLUTION NO. 095-2020
32 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.
47. 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 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.
48. 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.
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33 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. Dedicateright-of-way forallpublic streets substantially inaccordance 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. 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 intended for 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 RESOLUTION NO. 095-2020
34 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 theHabitat 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/nonbuilding 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.
49. 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 provides for a waiver of underground facilities based upon findings of infeasibility or impracticality, and based upon information provided by the Applicant.
50. 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.
51. 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 RESOLUTION NO. 095-2020
35 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.
52. 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 Specific Plan.
SECTION 6: 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 7: The approval of the Vesting Tentative Map TM2017-3 expires upon the later of thirty-six (36) months after the date of approval, or as set forth in the Development Agreement. 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 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 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 23, 2020.
SECTION 9: 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.
SECTION 10: In the event of any inconsistency between the conditions of approval contained in this Resolution and the terms and conditions of the Development Agreement, the Development Agreement shall control.
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 RESOLUTION NO. 095-2020
36 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 $3,393.25. 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 23rd day of September 2020 by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED:
JOHN W. MINTO, MAYOR
ATTEST:
ANNETTE ORTIZ, CMC, CITY CLERK
Exhibit A: Legal Description
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LEGAL DESCRIPTION
[attached behind this cover page]
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46 RESOLUTION NO. 096-2020
1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA
APPROVING THE APPLICATION OF HOMEFED FANITA RANCHO LLC FOR FANITA RANCH 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 LOCATED NORTH OF THE
TERMINUS OF FANITA PARKWAY IN THE FANITA RANCH SPECIFIC PLAN
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; 380-031-18; 380-040-43, 44
(RELATED CASE FILES: GPA2017-2, SP2017-1,
R2017-1, TM 2017-3, P2020-2, P2017-5, AEIS2017-11)
APPLICANT: HOMEFED FANITA RANCHO LLC
WHEREAS, on August 29, 2018 HomeFed Fanita Rancho LLC submitted a complete application for the Fanita Ranch Development Review Permit DR 2017-4, concurrent with a General Plan Amendment GPA2017-2, Zone District Base Map Amendment R2017-1, Vesting Tentative Map TM2017-3, and Conditional Use Permits P2017-5 and P2020-2 to subdivide approximately 2,638 acres of property legally described in Exhibit A, attached hereto; and
WHEREAS, the California Environmental Quality Act (CEQA) provides opportunities for members of the public, agencies, and Native American Tribes to provide input on the environmental review aspects of the modified Fanita Ranch project prior to City Council’s consideration of the proposed project; and WHEREAS, after the project was deemed complete, the City of Santee (“City”) issued a Notice of Preparation on November 8, 2018, of a Draft Revised Environmental Impact Report (EIR), and a Public Scoping Meeting was held on November 29, 2018 to solicit input on the scope and content of the environmental information for the Draft Revised EIR; and
WHEREAS, on May 8, 2019, the Santee City Council conducted a public workshop on the Fanita Ranch applications and development plan including a review of the three proposed villages, habitat preserve, parks, public school (kindergarten through eighth grade), working farm, circulation extensions, and trails; and WHEREAS, on September 11, 2019, the Santee City Council conducted a second public workshop on Fanita Ranch providing an overview of the project’s transportation and circulation network as it relates to the City’s Mobility Element, and the proposed internal street network; and
RESOLUTION NO. 096-2020
2 WHEREAS, on October 23, 2019, the Santee City Council conducted a third public workshop on Fanita Ranch parks, trails and open space features, including a proposed community park and farm, eight neighborhood parks, numerous mini-parks, trails, and an “Agmeander” providing access to scenic qualities of the property and farm-related learning opportunities; and
WHEREAS, on February 12, 2020, the Santee City Council conducted a fourth public workshop on Fanita Ranch focused on fire safety, prevention and protection, as well as service-level requirements for fire and law enforcement personnel; and WHEREAS, on May 29, 2020, the City issued a Notice of Availability of the Draft Revised EIR to agencies, organizations and individuals that requested such notice and published the notice in the East County Californian, a newspaper of general circulation in the City. The Notice established a 45-day public review period, beginning on May 29, 2020 and ending on July 13, 2020; and
WHEREAS, the Director of Development Services published a notice of public hearing on Development Review Permit DR2017-4, and related case files GPA2017-2, R2017-1, TM2017-3, SP-2017-1, P2017-5, P2020-2 and AEIS2017-11, to be held on September 23, 2020; in accordance with Section 13.04.100 of the Santee Municipal Code, notice of the hearing was published in the East County Californian, a newspaper of general circulation, on September 11, 2020, and mailed by U.S. Mail or e-mailed to interested parties and agencies on September 10 and 11, 2020, respectively; and WHEREAS, on September 23, 2020, the City Council reviewed, considered and certified the Final Revised EIR for the Fanita Ranch Project and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation, Monitoring and Reporting Program for the Project (Resolution No. 093-2020); and
WHEREAS, on September 23, 2020, the City Council held a duly advertised public hearing on DR 2017-4 and related cases; and
WHEREAS, Development Review Permit DR 2017-4 further establishes criteria and performance standards in accordance with the Specific Plan and Vesting Tentative Map; and
WHEREAS, the City Council considered the staff report, all recommendations by staff, 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) pursuant to the California Environmental Quality Act and adopted Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and RESOLUTION NO. 096-2020
3 Reporting Program for the Fanita Ranch 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 project.
SECTION 2: The findings in accordance with Chapter 13.20 of the Santee Municipal Code, entitled “Specific Plan District” and the adopted Fanita Ranch Specific 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 Specific Plan, as well as relevant sections of the Santee Municipal Code in that the proposed 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 proposed project is consistent with allowable uses and development standards in the adopted Specific 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 proposed project is compatible with the General Plan SP – Specific Plan land use designation and is consistent with the revised Santee General plan goals, objectives, policies and Fanita Ranch Guiding Principles which align with the Fanita Ranch Specific Plan. The proposed 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.
1. The land use plan and development regulations in Chapter 3 of the Fanita Ranch Specific Plan would establish a Village Center in each Village that permits a mix of housing, retail, and office uses. Chapter 6 provides design guidance for the buildings in the Village Centers and establishes a unique design theme that supports the overall community’s agrarian design theme, consistent with revised Guiding Principle 1.
2. The Fanita Commons Village Center would include a centralized community hub that would provide housing and everyday retail, services, and civic uses. The Village Center would be located near the proposed school site, parks, and the Farm, consistent with revised Guiding Principle 2.
3. Chapter 3 of the Fanita Ranch Specific Plan establishes Village Center, Medium Density Residential, Low Density Residential, and Active Adult land use designations that would allow for a diversified mix of housing types ranging from stacked flats to single-family residences in a variety of configurations and sizes to accommodate a variety of incomes, ages, and abilities and an array of life stages and interests, consistent with revised Guiding Principle 3.
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4 4. Development would be clustered into three villages to avoid the most sensitive habitat areas on the site, preserve known wildlife corridors, and maintain a contiguous and connected open space system. The prominent hilltop in Fanita Commons would be preserved in the planned Community Park. Where development would occur on hillsides, grading would be efficient to minimize the grading footprint. Special contour grading techniques would be used at edges and transitions, and landform grading techniques would be used on steep slopes that are visible from the public rights-of-way, identified in the Fanita Ranch Specific Plan as “Public Interest” slopes. In the Habitat Preserve, existing trail alignments would be used to the greatest extent possible. New trails would be added at select locations in the Habitat Preserve to provide connections for recreation, fuel modification and habitat enhancement, and restoration purposes. Trail locations would be carefully coordinated to minimize potential conflicts with sensitive habitat areas, consistent with revised Guiding Principle 4.
5. Within the hillside areas where development would occur, grading would be efficient to minimize the grading footprint. Special contour grading techniques would be utilized at edges and transitions to closely mimic the natural contour intervals, and landform grading techniques would be used on steep slopes that are visible from the public rights-of-way to recreate and mimic the flow of natural contours and drainages within the natural surroundings, consistent with revised Guiding Principle 5.
6. Development would be clustered into three villages to preserve approximately 63 percent of the site as Habitat Preserve and other open space. Within the development footprint, low-impact development techniques are proposed to manage stormwater runoff. Water-efficient landscaping, weather-based irrigation controllers, and water-efficient appliances, fixtures and water closets in all buildings would further conserve water and energy. Energy efficiency would be achieved by planting shade trees, installing energy efficient appliances and utilizing passive building design techniques to minimize heat islands and conserve energy. Solar panels on buildings, in the Special Use Area and in other potential locations throughout the community would generate electricity. A comprehensive network of trails and sidewalks would be provided to promote walkability, which would be enhanced by tree-lined walkways, pedestrian-oriented architecture, and other pedestrian-focused amenities, consistent with revised Guiding Principle 6.
7. Chapter 7 of the Fanita Ranch Specific Plan describes the proposed system of parks and recreation facilities, which consists of Mini-Parks, Neighborhood Parks, and a Community Park consistent with the Santee General Plan and revised Guiding Principle 7.
8. The Fanita Ranch Specific Plan designates 38.2 acres of land for Agricultural uses, including 27.3 acres of consolidated area for the development of a centralized Farm in Fanita Commons. In addition, many of the parks and recreation areas would incorporate edible landscape materials and community gardens. Education RESOLUTION NO. 096-2020
5 programs for homeowners to encourage the use of sustainable and edible vegetation on individual lots would be provided at the Farm. The preferred nearby K–8 school site would provide the school district with the opportunity to incorporate agricultural activities into the education curriculum and explore “farm lab” opportunities, which would give students access to healthy, locally grown food, school gardens, and educational opportunities, consistent with revised Guiding Principle 8.
9. The Fanita Ranch Specific Plan provides street improvement standards in Chapter 4, Mobility, that include the extension of Fanita Parkway along the western boundary of the Specific Plan Area, consistent with revised Guiding Principle 9.
10.In Chapter 4, the Fanita Ranch Specific Plan provides street improvement standards that include the extension of Cuyamaca Street into the Specific Plan Area, connecting to Fanita Parkway via a new collector street, consistent with revised Guiding Principle 10.
11.Chapter 4 of the Fanita Ranch Specific Plan establishes an extensive trail system that includes multi-purpose trails and sidewalks along the roads and trails in the Open Space areas and the Habitat Preserve. This pedestrian circulation system would provide a variety of connections throughout the Specific Plan Area, including access to the Habitat Preserve on the project site and the adjacent open space areas such as Goodan Ranch/Sycamore Canyon County Preserve. Trail access would be subject the requirements and provisions of the Natural Community Conservation Planning (NCCP) design guidelines and standards consistent with revised Guiding Principle 11.
12.The Fanita Ranch Specific Plan includes provisions for subsequent entitlement applications, including all subdivisions within the Specific Plan Area, which cannot occur until after the adoption of the Fanita Ranch Specific Plan, consistent with revised Guiding Principle 12.
13.Prototypical circulation systems are provided in Chapter 4 of the Fanita Ranch Specific Plan. Proposed residential product types for applicable land use districts are described in Chapter 3 of the Fanita Ranch Specific Plan and further described in Chapter 6, consistent with revised Guiding Principle 13.
14.With regard to the project’s consistency with other provisions of the General Plan, the City Council, unless modified by this Resolution and related project approvals, incorporates by reference the findings in Resolution 094-2020 approving the General Plan Amendment (GPA2017-2).
C. The Santee City Council further finds that GPA2017-2 is consistent with the “Adjacent Land Use Compatibility Guide” of the Land Use Element because:
RESOLUTION NO. 096-2020
6 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 Padre Dam Municipal Water District facilities, including Santee Lakes Recreation Preserve, lie west of the proposed Specific 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.
D. The Project includes a cost revenue assessment (fiscal analysis), identification of required public improvements, a phasing plan for the public improvements and land uses, a Financial Plan for the public improvements and a Development Agreement.
SECTION 3: Development Review Permit DR 2017-4 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 Specific 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), 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 Specific Plan and Vesting Tentative Map (TM2017-3). Copies of the Fanita Ranch Specific 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 Specific Plan Implementation Procedures contained in the Fanita Ranch Specific Plan, Chapter 10.
D. The Applicant shall obtain approval of General Plan Amendment GPA 2017-2, Zone Code Amendment R2017-1, and Specific Plan SP2017-1.
E. The Applicant shall obtain approval of Vesting Tentative Map TM2017-3. All conditions of that approval shall apply.
RESOLUTION NO. 096-2020
7 F. The Applicant shall obtain approval of Conditional Use Permits P2017-5 and P2020-
2. All conditions of those approvals apply.
G. Prior to submittal of any Development Review application, the Applicant must obtain Master Developer approval in accordance with the provisions in the Fanita Ranch Specific Plan, Chapter 10.6.5.
H. The Applicant shall comply with the adopted Santee Subarea Plan or obtain permits issued by the Wildlife Agencies, as applicable.
I. 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. 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 Specific 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.
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. Master Irrigation Plan that includes mainline and point of connection.
RESOLUTION NO. 096-2020
8 vi. All landscape installations shall be subject to the Solar Shade Control Act of 1979, prescribed in Public Resources Code Sections 25980-25986.
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. Maintenance and Monitoring Responsibility Plan that delineates private and public property and indicates maintenance responsibility.
5. Hardscape Master Plan that identifies enhanced paving types and finishes.
6. 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, V and W for bridge construction timing. Pedestrian 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 graffitiproofed 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.
RESOLUTION NO. 096-2020
9 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, 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.
J. 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. In the event that the school site is not acquired for a public or private school uses 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 Specific Plan area shall be 3,008 units.
2. The development of the School Overlay shall be developed with units in the MDR land use designation and the total maximum units within the Specific Plan area shall be increased to 3,008, and shall be subject to the payment of Land Development Impact Fees, to include Traffic, Traffic Signal, Public Facilities, Parkin-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.
3. 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.
4. The Applicant shall provide a sewer manhole and a sewer lateral to the school site.
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 Padre Dam Municipal Water District (PDMWD) and shall grant RESOLUTION NO. 096-2020
10 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 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 a take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife, or the City, if the Multiple Species Conservation Program (MSCP) City of Santee Subarea Plan is adopted and take authorization received.
3. Prior to the issuance of a grading permit for areas depicted on Exhibit B, 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. 096-2020
11 4. The special fragment discovered on the surface within CA-SDI-8345 shall be reburied in a place to a depth of at least 6 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 TM2017-3, Conditional Use Permits P2020-2, P2017-5 and Development Review Permit DR2017-4. 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 miniparks, 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 100 percent of the holders of first mortgages or property owners within the MHOA, or the maximum percentage prescribed by the Department of Real Estate. 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.
RESOLUTION NO. 096-2020
12 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 100 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 100% 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 100% 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. 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 to ensure plant palettes and irrigation systems are designed to use water efficiently.
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.
RESOLUTION NO. 096-2020
13 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 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 improvements shall be assured by the granting of an undivided interest in the subject landscape areas to the purchasers of each of the individual dwelling units in the subject development and inclusion in the deeds conveying said individual units such 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 RESOLUTION NO. 096-2020
14 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, the cost for such service shall become a lien upon the property and/or each lot, as appropriate.
xxiii. A statement that the entitlements contain an approved Fanita Ranch Master Landscape and Water Management Plan pursuant to DR2017-4 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 Specific 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.
xxviii. Trash receptacle shall be either stored in the individual garage or stored onsite 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.
RESOLUTION NO. 096-2020
15 N. Prior to issuance of any Building Permit:
1. The Applicant shall obtain final map approval and record the final map. 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 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 the CFD for the purposes of maintaining said landscaping.
5. Maintenance of all landscaping and improvements shall be managed by a Homeowner’s Association. If maintenance remains satisfactory, there shall be a $0 annual assessment to the property owners following transfer of the property to the district.
6. 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.
7. 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 RESOLUTION NO. 096-2020
16 devices and building pads are in conformance with the approved grading plans.
8. 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.
9. 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.
10.The Applicant shall pay all Development Impact Fees in effect at the time of issuance of building permits. The current fees (FY 20/21) based on a total of 2,949 dwelling units and 80,000 sf of commercial development are:
SINGLE FAMILY (1,203 Units)
a. Drainage Per Development Agreement
b. Traffic $ 4,686,888 or $ 3,896/unit
c. Traffic Signal $ 483,606 or $ 402/unit
d. Public Facilities $ 8,328,369 or $ 6,923/unit
e. RTCIP Mitigation $ 3,108,335.46 or $ 2,583.82/unit
MULTI FAMILY (1,746 Units)
a. Drainage Per Development Agreement
b. Traffic $ 4,251,510 or $ 2,435/unit
c. Traffic Signal $ 439,992 or $ 252/unit
d. Public Facilities $ 10,900,278 or $ 6,243/unit
e. RTCIP Mitigation $ 4,511,349.72 or $ 2,583.82/unit
TOTAL RESIDENTIAL FEES = $ 36,710,328.18
NOTES:
Development Impact Fee amounts shall be calculated in accordance with current fee schedule in effect at issuance of building permit. Fee rates are adjusted annually based on 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.
Public Facilities Fees: A fee credit of 33.3% shall be reflected at the time of building permit issuance for the cost incurred in construction of the Community Center and the splash pad/play area, as provided in Section 4.4.4 of the Development Agreement.
NON-RESIDENTIAL (80,000 SF Commercial)
RESOLUTION NO. 096-2020
17 a. Drainage Per Development Agreement
b. Traffic $ 666,080 or $ 8,326 x SF/1000
c. Traffic Signal $ 107,440 or $ 1,343 x SF/1000
TOTAL COMMERCIAL FEES = $ 773,520.00
NOTE: The percent (%) of Impervious area* shall be calculated by a Registered Civil Engineer and submitted for review to the Engineering Department. The 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. Fee rates are adjusted annually based on 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.
11.Prior to issuance of building permits, 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.
12.The water system for the proposed project would be designed to provide a minimum 2,500 gallons per minute for 3 hours of fire flow for single-family and multi-family residential and 3,500 gallons per minute for 4 hours of fire flow for commercial areas with fire hydrants spaced on average every 300 feet.
13.The Applicant shall pay appropriate fees to the Santee Elementary School District and Grossmont Union High School District.
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, formed pursuant to Section N.4 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 RESOLUTION NO. 096-2020
18 landscaping and irrigation shall be installed no later than six (6) months of completion of grading, or prior to occupancy, whichever comes first.
4. Plant all new trees in and within ten 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.
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 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 RESOLUTION NO. 096-2020
19 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 Specific Plan, Section 3.2.1E, subject to review and approval by the Director of Development Services.
R. Prior to approval of the Development Review 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 on- and off-site advertisement signage. The Director of Development Services shall review the Farm Operations Manual for conformance with the adopted Fanita Ranch Specific 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.
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 RESOLUTION NO. 096-2020
20 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 dropoff 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 pre-arrangement 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.
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. Prior to issuance of the first occupancy for the first dwelling unit (exclusive of model home permits), the Applicant shall complete the improvements to State Route 52 (Phase 1 Improvements) as reflected in the Development Agreement.
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.
RESOLUTION NO. 096-2020
21 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.
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.
SECTION 4: 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 RESOLUTION NO. 096-2020
22 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 5: The terms and conditions of this Development Review Permit (DR2017-4) 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 6: 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 7: 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 23, 2020.
SECTION 8: This Development Review Permit (DR2017-4) shall remain valid in accordance with the provisions of the Development Agreement and Vesting Tentative Map.
Section 9: In the event of any inconsistency between the conditions of approval contained in this Resolution and the terms and conditions of the Development Agreement, the Development Agreement shall control.
ADOPTED by the City Council of the City of Santee, California, at a regular meeting thereof held this 23rd day of September 2020, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED:
JOHN W. MINTO, MAYOR
ATTEST:
RESOLUTION NO. 096-2020
23 ANNETTE ORTIZ, CMC, CITY CLERK
Exhibits A: Legal Description
B: Surface Areas Inventory
EXHIBIT A
FANITA RANCH LEGAL DESCRIPTION
Fanita Ranch Legal Description
Fanita Ranch Legal Description
Fanita Ranch Legal Description
Fanita Ranch Legal Description
Fanita Ranch Legal Description
Fanita Ranch Legal Description
Fanita Ranch Legal Description
Fanita Ranch Legal Description
RESOLUTION NO. 097-2020
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 (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 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; 380-031-18; 380-040-43, 44
(RELATED TO PROJECT NUMBERS: GPA2017-2, SP2017-1,
R2017-1, TM2017-3, P2020-2, DR2017-4; AEIS2017-11)
APPLICANT: HOMEFED FANITA RANCHO LLC
WHEREAS, in 2017 and 2020, HomeFed and HomeFed Fanita Rancho LLC filed applications for the subdivision and development of approximately 2,638 acres of property located in the northern portion of the City as part of a proposed Fanita Ranch Specific Plan; and
WHEREAS, the subdivision and Specific Plan creates 1,467 lots, including a public Community Park within the Fanita Commons Village of the Fanita Ranch Specific Plan area; and
WHEREAS, the Santee General Plan has been amended by City Council Resolution 094-2020 to include the Fanita Ranch Specific Plan, including certain General Plan text, graphics and tables to reflect external and internal consistency of said plans; and
WHEREAS, a duly noticed public workshop to review the proposed parks, trails and open space concepts of the Fanita Ranch Specific Plan was held on October 23, 2019, in the City Council Chambers; and
WHEREAS, pursuant to the Development Agreement between HomeFed Fanita Rancho LLC and the City (“Development Agreement”) and other development approvals for the proposed project, the Applicant shall construct and dedicate to the City for public use certain park facilities and related amenities including the Fanita Ranch Community Park; and
WHEREAS, the Fanita Ranch Specific Plan requires that public parks be subject to the approval of conditional use permits (CUPs) in accordance with the procedures set forth in Santee Municipal Code section 13.06.020; and
WHEREAS, the requirement of the Fanita Ranch Specific Plan that public parks be subject to the approval of CUPs is consistent with Santee Municipal Code Table RESOLUTION NO. 097-2020
2 13.16.020-A which requires approval of CUPs for parks, picnic areas and playgrounds in the City’s P / OS Zone, and
WHEREAS, Conditional Use Permit P2017-5 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 Specific Plan, Exhibit 7.2: Community Park Concept 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, a Draft Environmental Impact Report (EIR) was prepared and circulated for public review from May 29, 2020 to July 13, 2020 in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, on September 11, 2020 the Director of Development Services published a notice of public hearing on Conditional Use Permit P2017-5 and related case files GPA2017-2, R2017-1, TM2017-3, SP-2017-1, P2020-2, DR2017-4 and AEIS2017-11, to be held on September 23, 2020, in accordance with Section 13.04.100 of the Santee Municipal Code; and
WHEREAS, on September 23, 2020, the City Council held a duly advertised and noticed public hearing on Conditional Use Permit P2017-5 and other applications related to the Fanita Ranch Specific Plan; and
WHEREAS, the City Council considered the staff report, all recommendations by staff, 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. 097-2020
3 SECTION 1: The City Council has certified the Final Revised Environmental Impact Report (EIR) 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 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 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 Community Park envisioned by the Fanita Ranch Specific 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, upon approval of the proposed General Plan Amendment to implement the Fanita Ranch Specific Plan, the project will be 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 Specific 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 Specific Plan land use map;
iii) The Fanita Ranch Specific 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 Specific Plan land use designation permits the Fanita Ranch Specific 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 as amended and the purposes of the Fanita Ranch RESOLUTION NO. 097-2020
4 Specific 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 specific plan area, generally in the northwest portion of the property, with natural habitat areas located to the north and west beyond the project boundary.
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 Specific 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 will be located in the “Specific Plan (SP)” zone district of the City’s zoning map upon adoption of site rezoning (Case file R2017-1). This zone district implements the proposed Fanita Ranch Specific Plan which includes the 31.2-acre Community Park site.
2. The Fanita Ranch Specific 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 RESOLUTION NO. 097-2020
5 established, the Fanita Ranch Specific 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 (P2017-5) grants the uses, standards, and designs envisioned by the Fanita Ranch Specific Plan for the Community Park site.
SECTION 3: The application for Conditional Use Permit P2017-5, to establish a public Community Park within the Fanita Ranch Specific Plan illustrated on Exhibit A, is hereby approved subject to the following conditions:
The Applicant shall construct and dedicate to the City the Community Park.
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, as-built drawings or other standard documentation required for plan-check and inspection purposes.
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.
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 Specific Plan and any subsequent amendments.
All construction activities related to the Community Park shall require prior approval by the Community Services & Recreation Director and Director of Development Services, or their designee(s).
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 Specific Plan or other authorization.
The Applicant shall complete construction of the Community Park no later than thirty-six (36) months from commencement of construction. Following the City’s acceptance of the park, the Applicant shall maintain the Community Park and the Community Center at no expense to the City for two (2) years. All maintenance shall be performed consistent with, or exceed, City standards. After the termination of this two (2) year maintenance period, the Applicant shall convey the Community Park to the City and thereafter have no maintenance obligations.
RESOLUTION NO. 097-2020
6 The Community Park shall be designed and constructed, in accordance with the Development Agreement, to include the following amenities:
i) 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 (2) 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 (2) 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.
A. 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) 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.
ii) 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.
iii) A publicly accessible Community Center (7,000 – 10,000 square feet) to include multi-purpose flexible spaces to support recreation activities (e.g., RESOLUTION NO. 097-2020
7 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.
iv) 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. v) 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.).
vi) 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.
vii) 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.
viii) 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.
ix) 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.
x) 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. xi) Individual picnic areas strategically placed within park, quantity as necessary, including concrete pads, shaded by tree canopies and shade structures.
xii) 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.
RESOLUTION NO. 097-2020
8 xiii) Larger paved paths to support maintenance and emergency vehicles, nine (9) feet to twelve (12) feet in width, as required. xiv) 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.
xv) Pedestrian-scaled security lighting, consistent with Chapter 5 of the Specific Plan, along primary pathways within the park, shielded as necessary to avoid glare or illumination impacts to surrounding habitat preserves.
xvi) Three drinking fountains with jug fillers, strategically placed within the park.
xvii) Trash and recycling receptacles, strategically placed, quantity as necessary.
xviii) Wayfinding signage.
xix) Park furnishings, such as benches and tables (both picnic and game tables) for miscellaneous use, bicycle racks and bicycle repair station, quantity as necessary.
xx) Low maintenance landscaping in accordance with Chapter 5 of the Specific Plan, to enhance the park experience for users.
B. 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.
C. 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. iv) Installing a rooftop photovoltaic solar system.
RESOLUTION NO. 097-2020
9 v) Installing a minimum of four (4) E-Vehicle charging stations within parking areas.
D. 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), the CEQA Findings of Fact and Mitigation, Monitoring and Reporting Program (MMRP) within the timeframe specified in the MMRP.
E. Minor Revisions to the Conditional Use Permit, such as changes to the conceptual site design and improvements identified in the Specific 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 (P2017-5) 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 23, 2020.
SECTION 7: This Conditional Use Permit (P2017-5) shall remain valid in accordance with the provisions of the Development Agreement and Vesting Tentative Map.
SECTION 8: In the event of any inconsistency between the terms and conditions contained in this Conditional Use Permit and the terms and conditions of the Development Agreement, the Development Agreement shall control.
RESOLUTION NO. 097-2020
10 ADOPTED by the City Council of the City of Santee, California, at a regular meeting thereof held this 23rd day of September, 2020, 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
11 EXHIBIT A
Community Park Concept Plan
RESOLUTION NO. 098-2020
1 FANITA RANCH NEIGHBORHOOD PARK 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 (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 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; 380-031-18; 380-040-43, 44
(RELATED TO PROJECT NUMBERS: GPA2017-2, SP2017-1,
R2017-1, TM2017-3, P2017-5, DR2017-4; AEIS2017-11)
APPLICANT: HOMEFED FANITA RANCHO LLC
WHEREAS, in 2017 and 2020, HomeFed and HomeFed Fanita Rancho LLC filed applications for the subdivision and development of approximately 2,638 acres of property located in the northern portion of the City of Santee (“City”) as part of a proposed Fanita Ranch Specific Plan; and
WHEREAS, the subdivision and Specific Plan would create 1,467 lots, including a public neighborhood park within the Fanita Commons Village of the Fanita Ranch Specific Plan area; and
WHEREAS, the Santee General Plan has been amended by City Council Resolution 094-2020 to include the Fanita Ranch Specific Plan, and certain General Plan text, graphics and tables would be amended such that both plans would be consistent; and
WHEREAS, a duly noticed public workshop to review the proposed parks, trails and open space concepts of the Fanita Ranch Specific Plan was held on October 23, 2019, in the City Council Chambers; and
WHEREAS, pursuant to the Development Agreement between HomeFed Fanita Rancho LLC and the City (“Development Agreement”) and other development approvals 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 Specific Plan requires that public parks be subject to the approval of conditional use permits (CUPs) in accordance with the procedures set forth in Santee Municipal Code section 13.06.020; and
RESOLUTION NO. 098-2020
2 WHEREAS, the requirement of the Fanita Ranch Specific Plan that public parks be subject to the approval of CUPs is consistent with Santee Municipal Code Table
13.16.030-A which requires approval of CUPs for parks, picnic areas and playgrounds in the City’s P / OS Zone, and
WHEREAS, Conditional Use Permit P2020-2 would allow the development of a
4.2-acre public Neighborhood Park, located adjacent to a proposed 15-acre school site shown on Exhibit A, which may include play fields, open play areas, and other amenities; and
WHEREAS, the draft Fanita Ranch Specific Plan, Exhibit 7.2: Community Park Concept Plan, illustrates one potential layout for the Community Park and Neighborhood Park NP-8, including two youth soccer fields; and WHEREAS, a Draft Environmental Impact Report (EIR) was prepared and circulated for public review from May 29, 2020 to July 13, 2020 in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, on September 11, 2020, the Director of Development Services published a notice of public hearing on Conditional Use Permit P2020-2 and related case files GPA2017-2, R2017-1, TM2017-3, SP-2017-1, P2017-5, DR2017-4 and AEIS2017-11, to be held on September 23, 2020, in accordance with Section 13.04.100 of the Santee Municipal Code; and
WHEREAS, on September 23, 2020, the City Council held a duly advertised and noticed public hearing on Conditional Use Permit P2020-2 and other applications related to the Fanita Ranch Specific Plan; and
WHEREAS, the City Council considered the staff report, all recommendations by staff, the Final Revised Environmental Impact Report (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) 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 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 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. 098-2020
3 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 Specific 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, upon approval of the proposed General Plan Amendment to implement the Fanita Ranch Specific Plan, the project will be consistent with all objectives and policies of the General Plan.
2. The neighborhood park meets the objectives of the Zoning Ordinance because:
i) It is included in the proposed Fanita Ranch Specific 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 Specific Plan land use map;
iii) The Fanita Ranch Specific 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 Specific Plan land use designation permits the Fanita Ranch Specific 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 as amended and the purposes of the Fanita Ranch Specific 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 neighborhood park site is separated from existing developments in the vicinity. The site is proposed within the interior of the specific plan area, generally in the northwest portion of the property, with natural habitat RESOLUTION NO. 098-2020
4 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 Specific Plan Chapter 5, the 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 will be located in the “Specific Plan (SP)” zone district of the City’s zoning map upon adoption of site rezoning (Case file R2017-1). This zone district implements the proposed Fanita Ranch Specific Plan which includes the 4.2-acre Neighborhood Park NP-8 site.
2. The Fanita Ranch Specific 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 Specific 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 (P2020-2) grants the uses, standards, and designs envisioned by the Fanita Ranch Specific Plan for the Neighborhood Park NP-8 site.
SECTION 3: The application for Conditional Use Permit P2020-2, to establish a public neighborhood park within the Fanita Ranch Specific 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 RESOLUTION NO. 098-2020
5 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. 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 Specific Plan and any subsequent amendments.
D. All construction activities related to the neighborhood park shall require prior approval by the Community Services & Recreation Director and Director of Development Services, or their designee(s).
E. 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 Specific Plan or other authorization.
F. The Applicant shall complete construction of Neighborhood Park NP-8 no later than thirty-six (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 (2) years. All maintenance shall be performed consistent with, or exceed, City standards. After the termination of this two (2) 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 (2) years with written approval of the City Manager.
G. Neighborhood Park NP-8 shall be designed and constructed, in accordance with the Development Agreement between the City and the Applicant, to include publicly accessible play fields such as youth soccer, open play areas, and other amenities within the park to serve the public.
H. 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.
RESOLUTION NO. 098-2020
6 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, 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 (6) 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 Specific 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 Specific Plan, to enhance the park experience for users. xiii) Vinyl-coated fencing where necessary to protect park users and adjacent properties from recreational activities.
I. 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.
J. 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 RESOLUTION NO. 098-2020
7 iv) Installing one (1) E-Vehicle charging station if parking is provided on-site (refer to Condition H iii).
K. 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 (SCH No. 2005061118), the CEQA Findings of Fact and Mitigation, Monitoring and Reporting Program (MMRP) within the timeframe specified in the MMRP.
L. Minor Revisions to the Conditional Use Permit, such as changes to the conceptual site design and improvements identified in the Specific 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 (P2020-2) 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 23, 2020.
SECTION 7: This Conditional Use Permit (P2020-2) shall remain valid in accordance with the provisions of the Development Agreement and Vesting Tentative Map.
SECTION 8: In the event of any inconsistency between the terms and conditions contained in this Conditional Use Permit and the terms and conditions of the Development Agreement, the Development Agreement shall control.
RESOLUTION NO. 098-2020
8 ADOPTED by the City Council of the City of Santee, California, at a regular meeting thereof held this 23rd day of September, 2020, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED:
JOHN W. MINTO, MAYOR
ATTEST:
__
ANNETTE ORTIZ, CMC, CITY CLERK
Exhibit A: Neighborhood Park NP-8 Conceptual Plan
RESOLUTION NO. 098-2020
9 EXHIBIT A
Neighborhood Park NP-8 Conceptual Plan
ORDINANCE NO. 581
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTEE,
CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF A
DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF SANTEE AND
HOMEFED FANITA RANCHO, LLC
WHEREAS, the City of Santee (“City”) is authorized by Government Code section 65864 et seq. and Santee Municipal Code Chapter 13.09 to enter into a development agreement with any person having a legal or equitable interest in real property for the development of that property; and
WHEREAS, the City and HomeFed Fanita Rancho, LLC (“Developer”) have negotiated the terms of a Development Agreement (“Agreement”); and WHEREAS, the City Council has determined that execution of the Agreement is in the best interest of the City and the public interest and desires to authorize the City to enter into the Agreement.
NOW, THEREFORE, the City Council of the City of Santee, California, does ordain as follows:
Section 1. The City Council hereby incorporates the findings and recitals set forth in Section 1.0 of the Agreement, a copy of which is attached hereto as Exhibit “A” and incorporated herein by this reference.
Section 2. Based on the entire record before the City Council (“Council”) and all written and oral evidence presented to the Council, the Council finds the Agreement is consistent with and implements the goals and objectives of the General Plan of the City of Santee, the general principles and guidelines of the Draft Santee Multiple Species Conservation Program (“MSCP”) Subarea Plan, Chapter 13.09 of the Santee Municipal Code, as well as all other applicable ordinances, plans, policies, and regulations of City.
(a) The Agreement is consistent with the objectives, general land uses, and programs specified in the General Plan because:
(i) The Agreement is consistent with the General Plan
and will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area of the development nor will the Agreement be detrimental or injurious to the general welfare of the residents of the City as a whole. (ii) The Agreement will not adversely affect the orderly development of property or the preservation of property values; and (iii) The Agreement is consistent with the provisions of Government Code sections 65864 through 65869.5 and Chapter 13.09 of the City of Santee Municipal Code.
ORDINANCE NO. 581
2 Section 3. Based on the entire record before the Council and all written and oral evidence presented to the Council, the Council finds the Agreement complies with CEQA for the following reasons:
(a) The Council has adopted Resolution No 093-2020, adopting Findings of Fact and a Statement of Overriding Considerations, certifying the Final Revised Environmental Impact Report (“Final Revised EIR”) (SCH # 2005061118), adopting a mitigation monitoring and reporting program, and approving the proposed project, in accordance with the provisions of the California Environmental Quality Act, Public Resources Code § 21000 et seq. (“CEQA”), the State CEQA Guidelines at 14 CCR 15000 et seq., and the City of Santee's procedures for implementing CEQA. (b) Prior to approving the Agreement, the City Council considered the Final Revised EIR, and all related documents, as well as any comments received during the environmental document's public review period.
Section 4. The Council hereby approves the Agreement in substantially the form presented to the Council, together with such non-substantive amendments as may be approved by both the City Manager and the City Attorney to effect execution of the Agreement.
Section 5. The Council hereby authorizes the City Manager to execute the Agreement on behalf of the City and City staff is authorized to take any action and execute any and all necessary documents to implement the Agreement.
Section 6. The City Clerk is directed to publish a summary of this Ordinance in the manner required by law, and to record the Agreement with the County of San Diego Office of the Recorder within ten (10) days after the Agreement is fully executed.
Section 7. This Ordinance shall be in full force and effect thirty (30) days after its passage.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Santee, California, on the 23rd day of September, 2020, and thereafter ADOPTED at a Regular Meeting of said City Council held on the 14th day of October, 2020, by the following vote to wit:
AYES:
NOES:
ABSENT:
ORDINANCE NO. 581
3 APPROVED
JOHN W. MINTO, MAYOR
ATTEST
ANNETTE ORTIZ, CMC, CITY CLERK
Exhibit A: Development Agreement by and among the City of Santee and HomeFed Fanita Rancho, LLC
ORDINANCE NO. 581
4 EXHIBIT “A”
DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF SANTEE AND
HOMEFED FANITA RANCHO, LLC
[Attached behind this cover page]
60139.18028\32974460.8
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RECORDED AT REQUEST OF
AND WHEN RECORDED RETURN TO:
City of Santee
10601 Magnolia Avenue
Santee, CA 92071-1222
Attn: City Clerk Fee Exempt – Gov’t Code §6103
(Space above for Recorder’s Use)
DEVELOPMENT AGREEMENT
among
THE CITY OF SANTEE,
a municipal corporation and charter law city
and
HOMEFED FANITA RANCHO LLC,
a Delaware limited liability company
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THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of the Effective Date (as defined below) by and among THE CITY OF SANTEE, a municipal corporation and charter law city (“City”), and HOMEFED FANITA RANCHO LLC, a Delaware limited liability company (“Owner”). The City or the Owner are sometimes individually referred to in this Agreement as a “Party” and are collectively referred to as the “Parties”.
1. RECITALS. This Agreement is entered into with reference to the following recited facts (each a “Recital”):
1.1 Code Authorizations and Acknowledgments. As a charter law city, City is authorized pursuant to its Charter, California Government Code sections 65864 through 65869.5 and Santee Municipal Code Chapter 13.09 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing predictability for both City and Owner in the development process. The City enters into this Agreement pursuant to and consistent with the provisions of its Charter, the California Government Code, the City’s General Plan, the City’s Municipal Code, and applicable City policies. The City and Owner acknowledge that:
1.1.1 This Agreement assures adequate public facilities in advance of or at the time of need generated by the development of the Property, as the Property is defined in paragraph 2.16 of this Agreement.
1.1.2 This Agreement assures development of the Project, as the Project is defined in paragraph 2.15 of this Agreement.
1.1.3 This Agreement constitutes a current exercise of the City’s police powers to provide predictability to Owner in the development approval process by vesting the permitted uses, density, intensity of use, and timing and phasing of development consistent with the Project in exchange for Owner’s commitment to provide the significant public benefits to the City required by this Agreement.
1.1.4 This Agreement allows the City to realize significant economic, recreational, park, open space, social, and public facilities benefits, as more fully set forth in Section 4 of this Agreement.
1.1.5 Because of the interrelationships among the financing of the Project infrastructure, the provision of open space, the construction and dedication of community facilities and infrastructure, and the significant nature of such facilities and infrastructure, providing certainty in the development process to Owner is necessary. The phasing, timing, and development of public infrastructure necessitate a significant commitment of resources, planning, and effort by Owner for the public facilities financing, construction, and dedication to be successfully completed. In return for Owner’s participation and commitment to these significant contributions of private resources for public purposes, the City is willing to exercise its authority to enter into this Agreement and to make a commitment of predictability for the development process for the Property. Absent the City’s willingness to make such a commitment, Owner would be unwilling to enter into this Agreement or make the significant investment of resources required for the planning, financing, construction, and dedication of the 60139.18028\32974460.8
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public facilities and infrastructure identified in this Agreement. Similarly, absent Owner’s willingness to provide the public facilities, public infrastructure and other public benefits provided for in this Agreement, the City would be unwilling to provide the assurances contained in this Agreement.
1.2 Owner. Owner hereby represents that it has a legal or equitable interest in the Property, located in the City of Santee and the County of San Diego, California. The Property consists of approximately 2,600 acres within the City. Specifically, HomeFed Fanita Rancho, LLC holds fee simple absolute title to the Property.
1.3 City Council Hearings. On September 23, 2020, the City Council, after providing notice as required by law, held a public hearing to consider Owner’s application for this Agreement.
1.4 Council Findings.
1.4.1 The Council finds that this Agreement and the Development Approvals for the Project are consistent with City’s General Plan, including as amended by the Development Approvals, the general principles and guidelines of the Multiple Species Habitat Conservation Program (“MSCP”) and the City’s most recent draft of the MSCP Santee Subarea Plan (December 2018), the Santee Municipal Code, as well as all other applicable ordinances, plans, policies, and regulations of the City.
1.4.2 The Council finds that this Agreement provides for an efficient use of resources, moderates the cost of housing and other development to the consumer, and encourages investment in and a commitment to comprehensive planning that makes maximum efficient utilization of resources.
1.4.3 The Council finds that this Agreement strengthens the public planning process, encourages private participation in comprehensive planning, particularly with respect to the implementation of the City’s General Plan, including as amended by the Development Approvals, and the MSCP, and reduces the economic costs of development and government.
1.4.4 The Council finds that this Agreement ensures that substantial public facilities will be built to meet the needs of Santee residents and the new residents within the Project, including, but not limited to, streets, wastewater, transportation, water, stormwater, fire station, parks, open space, and recreation facilities. These substantial public facilities include, but are not limited to, the State Route 52 Improvements as defined in paragraph 2.24 of this Agreement.
1.4.5 The Council finds that this Agreement complies with the California Environmental Quality Act (“CEQA”) in that an Initial Study and Revised Environmental Impact Report (“EIR”) have been prepared and certified for the Project, including for this Agreement and associated discretionary approvals, in accordance with the provisions of CEQA, the State CEQA Guidelines, and the City’s procedures for implementing CEQA. Prior to approving this Agreement, the City Council considered the Initial Study, the Revised EIR, and all related 60139.18028\32974460.8
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documents, as well as any comments received during the public review period for the Revised EIR.
1.5 City Ordinance. On September 23, 2020, the Council introduced and conducted the first reading of Ordinance 581 and on October 14, 2020, the Council adopted Ordinance No. 581, approving this Agreement, which becomes effective on November 13, 2020.
2. DEFINITIONS. In this Agreement, unless the context otherwise requires:
2.1 “Ad Valorem Property Tax Revenue” shall have the meaning provided in paragraph 4.3.6 of this Agreement.
2.2 “Annual Review” shall have the meaning provided in paragraph 6.1 of this Agreement.
2.3 “City Impact Fees” mean the City’s development impact fees that are applicable to the Project, as specified in paragraph 4.11 of this Agreement.
2.4 “City Municipal Code” means the City of Santee Municipal Code.
2.5 “Certificate of Occupancy” or “COO” means documentation authorizing the occupancy of habitable space in the form customarily used by the City.
2.6 “Community Center” means the 7,000 to 10,000 square foot facility to be constructed in the Community Park as described in paragraph 4.4.2.1 of this Agreement.
2.7 “Community Park” means the community park to be constructed and dedicated to the City as described in paragraph 4.4.2.1 of this Agreement.
2.8 “Development Approvals” means the discretionary approvals (including the Revised EIR certification and any CEQA mitigation, monitoring and reporting requirements) for the Project, subject to the Reservation of Authority, issued by the City, including, but not limited to, General Plan Amendment GPA 2017-2, Specific Plan SP2017-1, Zoning Ordinance Amendment/Rezone R2017-1, Vesting Tentative Map TM 2017-3, Development Review DR2017-4, Conditional Use Permits P2017-5 and P2020-2 and Environmental Assessment AEIS2017-1, all of which were approved by the City on September 23, 2020 pursuant to Resolution Nos. 093-2020, 094-2020, 095-2020, 096-2020, 097-2020, and 098-2020, and Ordinance No. 580. The Development Approvals are incorporated into this Agreement by this reference as if fully set forth at this point.
2.9 “Equivalent Dwelling Unit” or “EDU” means any land use in the Project that generates 8.91 daily traffic trips, as identified in the Traffic Study included in the EIR certified as part of the Development Approvals.
2.10 “Effective Date” means the date on which each of the following events has occurred: (a) the City approves the Development Approvals; (b) Ordinance No. 581 is effective; (c) Owner returns a signed copy of this Agreement to the City; and (d) the City, through the City Manager, signs this Agreement.
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2.11 “Fire Station Annual Estimate” shall have the meaning provided in paragraph
4.3.7 of this Agreement.
2.12 “Fire Station Revenue Neutrality” shall have the meaning provided in paragraph
4.3.6 of this Agreement.
2.13 Funding Mechanism” shall have the meaning provided in paragraph 4.2 of this Agreement.
2.14 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of the City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Project. “Land Use Regulations” do not include any City ordinance, resolution, code, rule, regulation or official policy governing the following:
2.14.1 The conduct or taxation of businesses, professions, or occupations;
2.14.2 Other than as provided in this Agreement, taxes and assessments of general application upon all residents of the City, provided that the taxes and assessments are not imposed for the purpose of taxing the right, power or privilege of developing or improving land (e.g., excise tax) or to directly finance the acquisition or dedication of open space or any other public improvement in respect of which the Owner is paying any fee or providing any improvement pursuant to this Agreement;
2.14.3 The control and abatement of nuisances;
2.14.4 The granting of encroachment permits and the conveyance of rights and interests providing for the use of or the entry upon public property;
2.14.5 The exercise of the power of eminent domain.
2.15 “Project” means the development of the Property as set forth in the Development Approvals. A general depiction of the Project and key aspects of the Project is attached as Exhibit “A” hereto and incorporated herein.
2.16 “Property” means the real property described in Exhibit “B,” attached hereto and incorporated herein.
2.17 “Public Works Standards” shall have the meaning provided in paragraph 3.4.4.4 of this Agreement.
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2.18 “Owner” means HomeFed Fanita Rancho LLC, a Delaware limited liability company, the person, persons, or entity having legal title to the Property or parts thereof and includes Owner’s successors in interest.
2.19 “Owner’s Vested Right” means the right of the Owner to develop the Project on the Property in accordance with the Development Approvals and subject to the Reservation of Authority, as provided in Section 3 of this Agreement.
2.20 “Quarterly Advance” shall have the meaning provided in paragraph 4.37 of this Agreement.
2.21 “Reimbursement Mechanism” shall having the meaning provided in paragraph 4.2 of this Agreement.
2.22 “Reservation of Authority” means the rights and authority specifically excepted in this Agreement from the assurances and rights provided to the Owner under this Agreement and reserved to the City, including, without implied limitation, the right to require Subsequent Development Approvals consistent with the Land Use Regulations or the Subsequent Land Use Regulations.
2.23 “Roadway Substantial Completion” means the construction of a roadway and related facilities as shown on the Development Approvals, including associated traffic mitigation measures and water quality facilities, to the satisfaction of the Director of Development Services, such that the roadway is safe for public use, notwithstanding that landscaping or other aspects of the roadway not essential to public health and safety are not yet completed.
2.24 “State Route 52 Improvements” means improvements by the California Department of Transportation (“Caltrans”) to State Route 52 (“SR-52”) intended to improve operational use and thereby reduce congestion. The State Route 52 Improvements include the following: (i) converting the existing bike path on the north side of the freeway to a westbound auxiliary lane from Mast Boulevard to Santo Road; (ii) extending the westbound auxiliary lane from the Santo Road off-ramp to the Santo Road on-ramp (including a retaining wall under the Santo Road Overcrossing); (iii) relocating the existing 4.6 mile long bike path on the north side of the freeway to the south side of the freeway, including one 10-foot wide light-weight cantilevered separated bike path on two existing bridges; (iv) adding an eastbound auxiliary lane from I-15 to Santo Road; (v) restriping eastbound SR-52 from two lanes to three lanes from Mast Boulevard to just east of the San Diego River Bridge; and (vi) widening the westbound onramp from Mast Boulevard to SR 52 to a two lane-ramp. The Parties recognize the improvements described above are presently under consideration, but that the improvements ultimately approved and implemented by Caltrans may vary from those described herein. Nevertheless, for the purposes of this Agreement, and for the material conditions related to the State Route 52 Improvements contained in this Agreement, the State Route 52 Improvements shall be those described above, or similar improvements approved and implemented by Caltrans which achieve a comparable reduction in congestion to State Route 52.
2.25 “Subsequent Development Approvals” mean approvals and permits required by the Land Use Regulations and Subsequent Land Use Regulations subsequent to the Vesting 60139.18028\32974460.8
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Effective Date in connection with development of the Property, including without implied limitation, all development review approvals required under Chapter 13.09 of the City Municipal Code, excavation, grading, building, construction, encroachment or street improvement permits, Certificates of Occupancy, utility connection authorizations, or other permits or approvals necessary for the grading, construction, marketing, use and occupancy of the Project. ·
2.26 “Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Vesting Effective Date, provided such Land Use Regulations are consistent with the Reservation of Authority.
2.27 “Term”, “Initial Term”, “Extended Term” and “Second Extended Term” shall all have the meanings provided in paragraph 5.1 of this Agreement.
2.28 “Vesting Effective Date” means August 29, 2018, the date on which the Owner’s application for Vesting Tentative Map TM 2017-3 was deemed complete by the City.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rules, Regulations and Policies. Owner shall have the vested right, to the fullest extent allowed under the California Development Agreement Legislation, California Government Code sections 65864 et seq., the currently existing provisions of Santee Municipal Code Chapter 13.09 and subject to the Reservation of Authority and as otherwise expressly restricted in this Agreement, to develop the Property in accordance with the Development Approvals and the Land Use Regulations applicable to and governing development of the Property in effect as of the Vesting Effective Date. Owner and the City may mutually agree that the Project will be subject to later enacted or amended Land Use Regulations governing development of the Property adopted after the Vesting Effective Date, provided that the Owner shall at all times comply with all of the conditions in the Development Approvals. The vested rights granted pursuant to this Section 3 shall be referred to as “Owner’s Vested Rights.”
3.2 Permitted Use, Density, Intensity of Use, Phasing. This Agreement shall vest Owner with the right to develop the Property pursuant to the Development Approvals, subject to the Reservation of Authority and except as expressly restricted in this Agreement, with respect to the permitted use(s) of land, density, and intensity of use(s), and timing and phasing of development as described in the Development Approvals and this Agreement. It is the express intention of the parties that Owner has the right to develop the Property in accordance with the Development Approvals and this Agreement. Owner shall have the right to develop the Property in such order, and at such a rate, and at such times as Owner deems appropriate subject only to the provisions of the Project and this Agreement. Unless this Agreement is amended pursuant to paragraph 10.5 of this Agreement, or unless by order of a court of competent jurisdiction, the Property shall not be subject to any subsequently enacted amendment of the General Plan, zoning, or subdivision ordinances by the City Council or by the initiative process that alters, or is in conflict with, the Project or this Agreement.
3.3 Maximum Height and Size of Structures. The maximum height and size for all structures shall be as provided in the City’s zoning ordinances as of the Vesting Effective Date, unless otherwise provided in the Development Approvals. 60139.18028\32974460.8
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3.4 Reservation of Authority. The following Land Use Regulations, Subsequent Land Use Regulations or other requirements shall apply to the Property and the Project:
3.4.1 Processing fees and charges imposed by the City to cover the City’s estimated or actual costs of reviewing and processing applications for the Project, providing inspections, conducting annual reviews, providing environmental analysis, or for monitoring compliance with this Agreement or any Development or Subsequent Development Approvals granted or issued, provided such fees and charges are in force and effect on a general basis on the date of filing such applications with the City. This paragraph shall not be construed to limit the authority of the City to charge its then-current, normal and customary application, processing, and permit fees for Project or Subsequent Development Approvals, building permits and other similar permits, which fees are designed to reimburse City’s expenses attributable to such application, processing, and permitting and are in force and effect on a City-wide basis on the date of filing such applications with City, notwithstanding the fact that such fees may have been increased by City subsequent to the Effective Date.
3.4.2 Except as otherwise provided in this Agreement, City Impact Fees, monetary exactions or other mitigation requirements imposed by the City as a condition precedent to the issuance of any permit or approval to cover the impacts associated with the development of the Project, as required by the Development Approvals or Subsequent Development Approvals, provided such fees or other mitigation requirements are in force and effect on a general basis on the date of filing for such permit or approval with the City. This paragraph shall not be construed to limit the authority of the City to charge its then-current, normal and customary impact fees or other mitigation requirements in place at the time of the application for the permit or approval, notwithstanding the fact that such fees may have been increased by the City subsequent to the Effective Date.
3.4.3 Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure.
3.4.4 The following, provided that they are uniformly applied to all development projects within the City:
3.4.4.1 Uniform codes governing engineering and construction standards and specifications adopted by the City pursuant to state law. Such codes include, without limitation, the City’s adopted version of the Uniform Administrative Code, California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, and California Fire Code.
3.4.4.2 Local amendments to those uniform codes which are adopted by the City pursuant to state law, provided they pertain exclusively to the preservation of life and safety.
3.4.4.3 The City’s standards and procedures regarding the granting of encroachment permits and the conveyance of rights and interests which provides for the use of or the entry upon public property.
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3.4.4.4 The City’s public improvement engineering ordinances, policies, rules, regulations and standards (“Public Works Standards”) in effect on the Vesting Effective Date, subject to paragraphs 3.4.4.1, 3.4.4.2, 3.4.5 and 3.4.6 of this Agreement, and consistent with the Development Approvals.
3.4.5 Regulations which may be in conflict with this Agreement, but which are objectively required to protect the public health and safety.
3.4.6 State or federal laws or regulations which preempt local regulations or mandate local regulations or conditions that conflict with the development of the Project. This expressly includes mandates imposed through the Clean Water Act or the Porter-Cologne Water Quality Control Act.
3.4.7 Prior to exercising the Reservation of Authority provided in paragraphs
3.4.5 and 3.4.6, the City shall provide Owner with written notice of the state or federal law or regulation, or the regulation required to protect the public health and safety that conflicts with this Agreement, and a written explanation of the conflict created. Within ten (10) days of the City’s written notice, City and Owner shall meet and confer in good faith in a reasonable attempt to apply the state or federal law, or the regulation required to protect the public health and safety, in a manner that is most consistent with this Agreement, best preserves the terms of this Agreement and that protects rights of Owner as derived from this Agreement, to the extent reasonably possible, while still following the applicable law or regulation. Failure of the City to provide this notice shall not relieve Owner of its obligation to comply with such law or regulation.
3.4.8 Owner shall be issued building permits for the Project after permit applications are reviewed and approved by City in the City’s customary fashion for such review and approval.
3.4.9 The exercise of the power of eminent domain.
3.5 Vested Rights Upon Termination. Owner acknowledges that following termination of this Agreement, except as to any Development Approval or Subsequent Development Approval that has vested under state law without reliance on this Agreement, this Agreement shall no longer provide vested rights to the Project.
3.6 Compliance with CEQA. The City Council has found that the environmental impacts of the Project have been addressed in the Final Revised Environmental Impact Report for the Project (“Final Revised EIR”) (SCH # 2005061118), including addenda to Final Revised EIR. Where the California Environmental Quality Act requires that an additional environmental analysis be performed in connection with a Subsequent Development Approval or other future discretionary approval granted by the City for the Project, the Owner shall pay all of the City’s reasonable costs to perform that additional analysis.
3.7 Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later-adopted initiative restricting 60139.18028\32974460.8
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the timing of development to prevail over the parties’ agreement, it is the specific intent of the Parties to provide for the timing of the Project in this Agreement. To do so, the Parties acknowledge and provide that, subject to express terms of this Agreement including, without limitation, the City’s Reservation of Authority, Owner shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment. An initial conceptual phasing plan for the Project is attached hereto as Exhibit “C” and incorporated herein.
3.8 Cooperation in Securing Other Governmental Approvals and Permits. The City agrees to make its staff reasonably available at Owner’s expense to assist Owner in securing permits and approvals required by other governmental agencies relating to the Project. The City makes no representation that City staff assistance will, in fact, secure such permits and approvals and Owner acknowledges that City staff’s assistance does not mean such permits and approvals shall be obtained.
3.9 MSCP Compliance and Mitigation Obligations. The Parties acknowledge that the City presently is processing the MSCP Santee Subarea Plan, which the parties acknowledge has not been adopted by the City as of the Effective Date. Once the City’s MSCP Santee Subarea Plan is adopted and the City obtains its take authorization from the United States Fish and Wildlife Service (“USFWS”) and the California Department of Fish and Wildlife (“CDFW”), the Project may obtain its take authorization from the City. Pending City take authorization, the Owner may seek take authorization through existing legal means (including Endangered Species Act Section 7 or Section 10).
4. OWNER’S OBLIGATIONS AND PROVISION OF PUBLIC BENEFITS.
4.1 Significant Benefits. The City acknowledges that Owner is providing, through this Agreement, a number of significant public benefits to the City, including, but not limited to, the State Route 52 Improvements. Such significant public benefits shall be provided in the type and manner described in the Project and as set forth in this Agreement. Owner acknowledges that in exchange for these significant public benefits, the City has granted Owner the assurances set forth in this Agreement.
4.2 Assessment, Community Facilities, and Reimbursement Districts. Owner has, as part of its application for the Development Approvals, informed the City that it may request that the City form assessment districts or other community facilities financing districts to provide for funding of the facilities and/or services in the Project (the “Funding Mechanisms”). The City agrees (at Owner’s expense and subject to Owner’s entry into a Reimbursement Agreement acceptable to the City) to prepare for and conduct hearings to form the Funding Mechanisms, consistent with state law and the City’s ordinances and policies, to provide for funding for the facilities and/or services in the Project. The City also agrees, if appropriate and consistent with Chapter 11.42 of the Santee Municipal Code, to prepare for and conduct hearings to form a reimbursement district or approve a reimbursement agreement, which will require subsequent developers/owners of property benefited by the construction of certain off-site facilities, as specified in the Development Approvals, to reimburse Owner in a legal and equitable manner (the “Reimbursement Mechanisms”). Owner acknowledges and agrees, however, that the 60139.18028\32974460.8
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decision of the City Council to form or approve the Funding Mechanisms or the Reimbursement Mechanisms is an exercise of the legislative authority of the City Council, and that the City may not enter into a contract to obligate the City Council to exercise its legislative discretion in a particular manner. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by the City to approve any such Funding Mechanisms or Reimbursement Mechanisms. In the event that, prior to the issuance of a mass grading permit, the City Council, in accordance with the applicable discretionary standard, denies an application by Owner for the Funding Mechanisms or Reimbursement Mechanisms, or approves such applications on terms that differ from the City Council’s adopted Goals and Policies or the applicable reimbursement provisions of the Santee Municipal Code for the Funding Mechanisms or Reimbursement Mechanisms as they existed as of the Effective Date, the Owner may, in its sole discretion, terminate this Agreement and the Development Approvals by providing the City with ninety (90) days written notice.
4.3 Fire Station.
4.3.1 Owner 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 of this paragraph
4.3 and the Development Approvals. Owner 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 Owner 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 COO for a dwelling unit (not including model homes) for the Project. If Owner elects to construct the temporary station, the construction of the permanent fire station must commence prior to the 750th COO for a dwelling unit and must be completed by the 1,250th COO for a dwelling unit, or within two (2) years of commencement of construction, whichever is earliest. Despite anything in this Agreement to the contrary, the permanent fire station must be completed no later than five (5) years from the lumber drop for the framing of the first dwelling unit in the Project.
4.3.2 The permanent fire station shall meet all of the specifications described in Exhibit “D” to this Agreement, as well as any additional requirements set forth in the Development Approvals. If the Owner elects to first construct the temporary fire station, the temporary fire station shall meet all the specifications described in Exhibit “E” to this Agreement, as well as any additional requirements set forth in the Development Approvals.
4.3.3 Both the permanent fire station and, if any, the temporary fire station shall be fully staffed twenty-four (24) hours a day, seven (7) days a week. Full staffing means a total of three (3) captains, three (3) engineers and three (3) firefighter/paramedics. Mandatory apparatus for the fire stations include one (1) Type I Fire Engine and one (1) type III wildland fire engine.
4.3.4 If Owner 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 (6) minutes to all areas of the Project. The final location of the temporary fire station must be approved by the Santee Fire Chief.
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4.3.5 If the Owner 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 (3) 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 Owner’s consent. If the City elects not to maintain ownership and use of the temporary fire station, Owner shall be solely responsible for the temporary fire station.
4.3.6 Owner 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 4.3, 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 Owner believes that Fire Station Revenue Neutrality is achieved, Owner 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 sixty (60) days to review the Fire Station Revenue Neutrality report and to provide Owner with a written response to the report.
Moreover, Owner 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 the Parties disagree that Fire Station Revenue Neutrality has been achieved, the Parties shall meet and confer to attempt to resolve the dispute. If the Parties cannot agree, the Parties may pursue remedies provided in this Agreement.
Until a final determination is made regarding the achievement of Fire Station Revenue Neutrality, Owner shall remain responsible for its share of the recurring costs associated with the fire stations as calculated pursuant to this paragraph 4.3.
4.3.7 Until achievement of Fire Station Revenue Neutrality, the City shall annually notify Owner 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”). Owner shall quarterly advance to the City, starting July 1 of each year, one-fourth (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 Owner of the deficiency, setting forth, with appropriate backup documentation, the basis for the deficiency. Owner shall pay to the City the deficiency within thirty (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 Owner with a final annual report regarding actual costs and 60139.18028\32974460.8
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associated Ad Valorem Property Tax Revenues, identifying any surplus or deficit, within ninety (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 “F” attached hereto.
4.4 Public Facilities Construction and Maintenance.
4.4.1 General Obligations. Owner shall construct and dedicate to City certain park facilities and public amenities as provided for and as phased in the Development Approvals and in this Agreement. Other parks and amenities, as set forth in the Development Approvals, shall be constructed by Owner and public access will be granted by easement or other recorded document mutually acceptable to the Parties acknowledging that Owner shall maintain fee title and maintenance responsibilities for such parks and related amenities.
4.4.2 The Community Park, Community Center, Aquatic Facility and Neighborhood Park #8.
4.4.2.1 Owner shall construct and dedicate to the City the Community Park. The Community Park shall include a publicly accessible Community Center at a size determined by the Owner, but in no event less than 7,000 or more than 10,000 square feet. Restrooms must be provided for in both the Community Park and the Community Center.
4.4.2.2 Owner shall commence design of the Community Park when it files its first final map for the Project. Owner shall commence construction of the Community Park at the time of its application for the first building permit within the Project.
Owner shall complete construction of the Community Park no later than thirty-six (36) months from commencement of construction.
4.4.2.3 Following the City’s acceptance of the Community Park, the City shall be solely responsible for programming of the activities in the Community Park and the Community Center. However, Owner shall maintain the Community Park and the Community Center at no expense to the City for two (2) years after acceptance by the City. All maintenance shall be performed consistent with, or exceed, City standards. After the termination of this two (2) year maintenance period, Owner shall convey the Community Park to the City and thereafter have no maintenance, expense or other obligation with regard thereto, which shall be the sole responsibility of the City.
4.4.2.4 The Community Park shall be designed and constructed in accordance with the Development Approvals, including, but not limited to, the conditional use permit for the Park.
4.4.2.5 The City’s existing aquatics facility located in the City’s Town Center Community Park is at capacity. In order to provide residents of the Project with access to an aquatics facility, Owner shall either fund the expansion of the City’s existing aquatics facility 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 in either the Community Park or in Project’s adjacent Village Center. If the Owner elects to construct the splash pad/play area in the Community Park, 60139.18028\32974460.8
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the splash pad/play area shall be dedicated to the City, programed 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 Owner shall maintain the facility for an additional two (2) year period. At the end of that maintenance period, City shall be responsible for maintenance; provided, however, that Owner 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 Owner elects to provide the aquatic facility improvements in the Community Park, such improvements may be installed in a separate phase from the Community Park construction and completed not later than thirty-six (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 (2) years with the written approval of the City Manager. If the Owner elects to construct the splash pad/play area in the adjacent Village Center, the facility will be owned, operated and maintained by Owner, but shall be open to the general public.
4.4.2.6 Owner shall construct and dedicate to the City
Neighborhood Park # 8 as described in the Development Approvals. Owner shall design, construct, maintain and deliver Neighborhood Park # 8 on the same schedule, and under the same conditions, as apply to the adjacent Community Park. The date for the completion of Neighborhood Park # 8 may be extended by up to two (2) years with the written approval of the City Manager.
4.4.3 Neighborhood Parks # 1 and # 5.
4.4.3.1 Owner shall commence design of Neighborhood Park #1 in Orchard Village upon the filing of the final map for that Village. Owner shall commence construction of Neighborhood Park #1 in Orchard Village upon application for the 500th building permit within that Village. Park construction shall be completed not more than twenty-four (24) months after commencement of construction. Park facilities shall be open and accessible to all residents of Santee on a first-come, first-served basis through an equitable and transparent reservation system. All programming and scheduling of City-sponsored recreation activities and private/public recreational activities within Neighborhood Park #1 shall be managed by the homeowners’ association (“HOA”) at no cost to the City. Specific scheduling and management of the recreational programming shall be negotiated and agreed to prior to final acceptance of the Park. Upon completion of Neighborhood Park #1, Owner shall grant public access in a form mutually acceptable to the Parties and recorded against said facilities in perpetuity. Owner, and the successor HOA, shall own, maintain and program Neighborhood Park #1 at no cost to the City. Neighborhood Park #1 will generate no revenue to the City through programming.
4.4.3.2 Owner shall commence design of Neighborhood Park # 5 in Vineyard Village upon the filing of the final map for that Village. Owner shall commence construction of Neighborhood Park #5 in Vineyard Village upon the application for the first building permit within that Village. Park construction shall be completed not more than twentyfour (24) months after commencement of construction. Park facilities shall be open and accessible to all residents of Santee on a first-come, first-served basis through an equitable and transparent reservation system. All programming and scheduling of City-sponsored recreation activities and private/public recreational activities within Neighborhood Park #5 shall be 60139.18028\32974460.8
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managed by the HOA at no cost to the City. Specific scheduling and management of the recreational programming shall be negotiated and agreed to prior to final acceptance of the Park.
Upon completion of Neighborhood Park #5, Owner shall grant public access in a form mutually acceptable to the Parties and recorded against said facilities in perpetuity. Owner, and the successor HOA, shall own, maintain and program Neighborhood Park #5 at no cost to the City.
Neighborhood Park #5 will generate no revenue to the City through programming.
4.4.3.3 Neighborhood Park # 1 in Orchard Village and
Neighborhood Park # 5 in Vineyard Village shall be designed and constructed pursuant to the Development Approvals. Restrooms are an essential element within these neighborhood parks.
4.4.4 Cost Recovery for Programming of Neighborhood Parks #1-#7. Owner or HOA may charge users availing themselves of any of the HOA or Owner maintained Neighborhood Parks (Parks #1-#7) a recreational programming fee necessary to cover expenses reasonably incurred by Owner or HOA in connection with the programming of those Neighborhood Parks.
4.4.5 Owner shall receive a credit against the payment of park fees because Owner is meeting its park acreage requirements on-site with the provision of approximately 46- 48 acres of completed parkland and associated Community Center. Owner 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.
4.5 SR-52 Improvements.
4.5.1 Prior to the Effective Date of this Agreement, Owner has expended approximately $5,000,000 to fund feasibility studies and other efforts related to the State Route 52 Improvements. Owner shall expend approximately $5,000,000 in addition to fund the State Route 52 Improvements pursuant to an agreement with Caltrans dated June 30, 2020.
Owner shall, in its sole discretion, provide additional support during the Term to facilitate the funding and construction of future phases of improvements to State Route 52.
4.5.2 The Parties acknowledge and agree that the State Route 52 Improvements are of critical importance to the residents of Santee and the future residents of Fanita Ranch. Therefore, in addition to the funding obligations set forth in paragraph 4.5.1, the Parties agree that the City will not issue, and Owner will not request, certificates of occupancy for any residential dwelling units within the Project until the State Route 52 Improvements are substantially complete.
4.5.3 In addition to the above, Owner shall pay to the City the sum of $5,000,000 in four (4) equal installments of $1,250,000 upon the issuance of the 500th, 1,000th, 1,500th and 2,000th EDU to be used by the City to fund State Route 52 Improvements, or other transportation infrastructure of significant importance intended to ease traffic congestion as determined by the City Council.
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4.6 Major Roadway Improvements.
4.6.1 Owner shall construct Fanita Parkway from Mast Boulevard to Ganley Road and extend Fanita Parkway into the Project as identified in the Development Approvals (specifically VTM 2017-3 and traffic mitigation measures, as applicable) such that the facilities achieve Roadway Substantial Completion prior to the issuance of the first certification of occupancy for the Project. The City shall accept the dedication of the full length of Fanita Parkway; provided, however, that the City will not accept nor be responsible for excess land outside the dedicated right-of-way.
4.6.2 Owner shall construct Cuyamaca Street from Mast Boulevard to Chaparral Drive and extend Cuyamaca Street into the Project as identified in the Development Approvals (specifically VTM 2017-3 and traffic mitigation measures, as applicable, including measures contained in the Mitigation, Monitoring and Reporting Program) such that the facilities achieve Roadway Substantial Completion prior to the issuance of the 500th EDU for the Project.
Prior to the issuance of the certificate of occupancy for the 30th EDU for the Project, Owner shall ensure two points of access to the Project consistent with the Development Approvals by installing an all-weather access road into the Project at this location to the satisfaction of the Fire Chief.
4.7 Advancement of Funds for MSCP Santee Subarea Plan and Related Documents.
By separate agreement, Owner has committed to pay for, and has in fact paid, the City’s costs incurred in connection with the processing of environmental documents for the City’s MSCP Subarea Plan. This contribution by Owner provides a significant public benefit and is acknowledged by the City as a basis for providing the assurances of this Agreement.
4.8 Open Space Dedications and Habitat Management. Owner shall make the open space dedications required by the Development Approvals 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.
The Owner’s dedication of open space and identification of funding, in perpetuity, for the management provides a significant public benefit and is acknowledged by the City as a basis for providing the assurances of this Agreement.
4.9 Offsite Landscape Maintenance Responsibilities and Funding. The Project includes the extension of Cuyamaca Street and Fanita Parkway into the Property, and the construction of median and parkway landscaping, sidewalks, bioswales and related improvements. Owner agrees to hold the City harmless from and be fully responsible for the actual costs of the landscape maintenance associated with the Cuyamaca Street and Fanita Parkway landscape improvements for a period of five (5) years following City Council acceptance of the public right-of-way and improvements. Owner has the right, but not the obligation, to extend its maintenance of these facilities for five (5) additional separate one (1) year periods, by giving written notice to the City ninety (90) days before the end date of the current maintenance period. If the Owner 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 Owner. Owner may apply to the 60139.18028\32974460.8
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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. The City’s consideration of such a Funding Mechanism is governed by the provision of this Agreement.
4.10 Allocation of Maintenance Responsibilities for the Project. Ongoing maintenance for onsite and offsite improvements associated with the Project will vary over time as described in this Agreement and in the Development Approvals. Responsibility for maintenance may first be with the Owner, but may later transfer to the HOA or the City. A chart depicting the longterm maintenance obligations of the Owner, the HOA and the City is attached hereto as Exhibit “G”.
4.11 Payment of City Impact Fees Generally. In addition to all other fees required by the Development Approvals, Owner shall pay the City the City Impact Fees and all processing fees, per unit, in effect at the time the City issues a building permit for the unit(s) in accordance with this paragraph 4.11. As used in this Agreement, the City’s Impact Fees mean (i) traffic impact fees, (ii) traffic signal fees, (iii) public facilities fees, and (iv) regional traffic impact fees created through the SANDAG Transnet Extension. The City has determined that drainage fees are inapplicable to the Project given the drainage infrastructure to be installed by Owner as a condition of approval and the reduction in drainage flows to the City’s public stormwater system from the Property as a result of the Project. Subject to the terms of this Agreement, Owner agrees to pay these City Impact Fees, and all processing fees, in the amounts in effect at the time the City issues a building permit for the unit(s). Owner waives and releases (including a waiver of Civil Code section 1542) the City from any legal or equitable challenge to the City Impact Fees, as they currently exist or as they may be periodically adjusted by the City through the City’s CPI adjustment process existing as of the Vesting Effective Date. With regard to the regional traffic fee, Owner waives and releases (including a Civil Code Section 1542 waiver) the City from any legal or equitable challenge to the regional traffic impact fee as long as the City’s adopted fee is equal to or less than the SANDAG nexus fee study fee amount. With regard to all other future adjustments to the City Impact Fees, Owner retains all legal rights and remedies with regard to such increases. Due to the significant dedication of public park lands within the Project, City shall not charge the Owner any otherwise applicable park in lieu fee (Quimby Act fee). The Parties anticipate that Owner will qualify for certain credits against the City Impact Fees, given the extensive public infrastructure and facilities required for the Project. Owner shall make application for fee credits to the City pursuant to the City’s current reimbursement policy, including Legislative Policy Memorandum 93-1. The City may consider future adjustments to its traffic impact fee program, and upon request by Owner will in good faith consider sponsoring proposed amendments to SANDAG regarding the use of regional traffic fees, that may permit Owner to apply for fee credits for the offsite roadway improvements being constructed as part of the Project, or to allow the City to use regional traffic fees to help fund those improvements. The estimated City Impact Fees as of the Effective Date of this Development Agreement are set forth in Exhibit “H” to this Agreement for reference purposes only. 60139.18028\32974460.8
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4.12 Other Significant Public Benefits Provided by Owner. In addition to the significant public benefits provided by Owner above, and beyond any obligations required in the Development Approval, Owner shall provide the following four additional significant public benefits:
4.12.1 Funding for Affordable Housing . Owner 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. Owner shall make this payment in three equal installments. The first payment shall be due on or before the issuance of the first 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.
4.12.2 Funding of Off-Site Infrastructure Improvement Project. Owner 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. Owner shall make this payment not later than the date on which the City issues the first grading permit for the Project.
4.12.3 Fiber Optics. Owner shall install as part of its new construction work on the Project 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. Owner shall provide that all new traffic signals be connected with this fiber optic interconnect system at the closest existing connection point.
Owner’s obligation regarding fiber optics only extends to new construction work that is being done as part of the Project.
5. TERMS AND TERMINATION.
5.1 Term of Agreement. The term shall commence on the Effective Date. The initial term shall continue for a period of twenty (20) years from the Effective Date (the “Initial Term”).
The Initial Term shall automatically be extended for an additional five (5) years (the “Extended Term”) if, prior to the end of the Initial Term, Owner receives certificates of occupancy for one thousand (1,000) residential units within the Project. The Initial Term and the Extended Term may thereafter be extended again for an additional five (5) years (the “Second Extended Term”) if, prior to the end of the Extended Term, Owner receives certificates of occupancy for two thousand (2,000) residential dwelling units within the Project. The combined time periods of the Initial Term, Extended Term and Second Extended Term are referred to herein as the “Term,” subject to the following:
5.1.1 The Term shall be extended for periods equal to the time during which:
5.1.1.1 Litigation is pending which challenges any matter, including without limitation compliance with CEQA or any other local, state, or federal law, 60139.18028\32974460.8
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related in any way to the approval or implementation of all or any part of the Development Approvals. Any such extension shall be equal to the time between the filing of litigation, on the one hand, and the entry of final judgment or dismissal, on the other.
5.1.1.2 Any other delay occurs which is beyond the control of the Parties, as described in paragraph 10.16.
5.1.2 During the Term, certain portions of the Property may be released from this Agreement as provided elsewhere in this Agreement.
5.1.3 As provided in paragraph 5.2 and elsewhere within this Agreement, the Term may end earlier than the end of the Term as specified in this Agreement.
5.2 Termination. This Agreement shall be deemed terminated and of no further effect upon the earlier occurrence of any of the following events:
5.2.1 Expiration of the Term as set forth in paragraph 5,1;
5.2.2 Entry of a final judgment setting aside, voiding, or annulling the adoption of the ordinance by which this Agreement was approved;
5.2.3 The adoption of a referendum measure overriding or repealing the ordinance by which this Agreement was approved;
5.2.4 Completion of the Project in accordance with the terms of this Agreement, including issuance of all required occupancy permits and acceptance, as required by state law, by City, or the applicable public agency, of all required dedications and the satisfaction of all of Owner’s obligations under this Agreement; and
5.2.5 As may be provided by other specific provisions of this Agreement.
5.3 Effect of Termination. Unless as otherwise expressly provided in this Agreement, upon any termination of this Agreement, the only rights or obligations under this Agreement which either Party shall have are:
5.3.1 The completion of obligations which were to have been performed prior to termination, other than those which are separately addressed by this Agreement;
5.3.2 The performance and cure rights set forth in paragraph 8.3; and
5.3.3 Those obligations that are specifically set forth as surviving this Agreement, such as those described in Section 7 of this Agreement.
5.4 Release of Obligations With Respect to Individual Lots Upon Certification of Occupancy. Notwithstanding any other provision of this Agreement:
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5.4.1 When any individual lot has been finally subdivided and sold, leased, or made available for lease to a member of the public or any other ultimate user, and a certificate of occupancy has been obtained for the building(s) on the lot, that lot and its owner shall have no further obligations under and shall be released from this Agreement.
5.4.2 Upon the conveyance of any lot, parcel, or other property, whether residential, commercial, or open space, to a homeowners’ association, property owners’ association, or public or quasi-public entity, that lot, parcel, or property and its owner shall have no further obligations under and shall be released from this Agreement, except as it relates to ongoing maintenance or other HOA obligations identified in this Agreement as remaining with the HOA.
5.4.3 No formal action by the City is required to effect this release, but, upon Owner’s request, City shall sign an estoppel certificate or other document to evidence the release.
5.5 Term of Map(s) and Other Development Approvals.
5.5.1 Subdivision Maps. Pursuant to Government Code Section 66452.6, the term of all subdivision or parcel maps that are approved for all or any portion of the Project on the Property shall be automatically extended to a date coincident with the Term and, where not prohibited by State law, with any extension of the Term.
5.5.2 Other Development Approvals. Pursuant to Government Code Section 65863.9, the Development Approvals shall automatically be extended for a term ending concurrently with the applicable subdivision maps for the Project.
6. ANNUAL REVIEW.
6.1 Timing of Annual Review. Pursuant to Government Code Section 65865.1, at least once during every twelve (12) month period of the Term, City shall review the good faith compliance of Owner with the terms of this Agreement (“Annual Review”).
6.2 Standards for Annual Review. During the Annual Review, Owner shall be required to demonstrate good faith compliance with the terms of this Agreement. “Good faith compliance” shall be established if Owner is in compliance with the terms and conditions of this Agreement. If the City Council or its designee finds and determines that Owner is not in good faith compliance, then City may proceed in accordance with paragraph 8.1 pertaining to the potential default of Owner and the opportunities for cure. Owner shall pay the City’s reasonable fees and costs incurred in connection with the Annual Review.
6.3 Procedures for Annual Review. The Annual Review shall be conducted by the City Manager or designee. Owner shall be given a minimum of sixty (60) days’ notice of any date scheduled for an Annual Review.
6.4 Certificate of Compliance. At any time during any year that the City Manager or designee finds that Owner is not in default under this Agreement, City shall, upon written request 60139.18028\32974460.8
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by Owner, provide Owner with a written certificate of good faith compliance within fifteen (15) days of City’s receipt of that request.
7. THIRD PARTY LITIGATION.
7.1 No Liability for Development Approvals. City shall not have any liability, whether through equitable or legal arguments, under this Agreement or the associated Development Approvals, for any failure of City to perform under this Agreement, or for the inability of Owner to develop the Property as contemplated by the Development Approvals or this Agreement, if such failure or inability is the result of a judicial determination directing the rescission of the Development Approvals at issue.
7.2 Third Party Litigation Concerning Project or Agreement. Owner shall, at Owner’s expense, defend, indemnify, and hold City, its officers, employees and independent contractors engaged in Project planning, approval or implementation, harmless from any thirdparty claim, action or proceeding against City, its agents, officers or employees to attack, set aside, void, or annul the Development Approvals, Subsequent Development Approvals or this Agreement, including without limitation claims based upon the California Environmental Quality Act, zoning and planning law or the asserted applicability of initiative(s). City shall promptly notify Owner of any such claim, action or proceeding, and City shall reasonably cooperate in the defense. City may in its discretion participate in the defense of any such claim, action or proceeding. If the City uses its discretion to participate in the defense of any such claim, action or proceeding, the Owner shall pay the City’s attorneys’ fees and litigation costs reasonably incurred in that defense.
7.3 Indemnity. In addition to the other provisions of Section 7 of this Agreement, Owner shall indemnify, defend and hold City, its officers, agents, employees and independent contractors, engaged in Project planning or implementation, free and harmless from any thirdparty liability or claims based or alleged upon any act or omission of Owner, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury or death (Owner’s employees included) or any other element of damage of any kind or nature, relating to or arising from development of the Project, except for claims for damages arising through the negligence or willful misconduct of City, its officers, agents, employees and independent contractors. Owner shall defend, at Owner’s expense, including attorneys’ fees, City, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions of Owner. City may in its discretion participate in the defense of any such legal claim, action, or proceeding. If the City uses its discretion to participate in the defense of any such claim, action or proceeding, the Owner shall pay the City’s attorneys’ fees and litigation costs reasonably incurred in that defense.
7.4 Environmental Contamination. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or alleged, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns, and independent contractors, resulting in any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under, or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys’ fees, City, its officers, agents and 60139.18028\32974460.8
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employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such claim, action, or proceeding. If the City uses its discretion to participate in the defense of any such claim, action or proceeding, Owner shall pay the City’s reasonable attorneys’ fees and litigation costs reasonably incurred in that defense.
7.5 City to Approve Counsel. With respect to this Section 7, , the City reserves the right to approve the attorney(s) that Owner selects, hires and otherwise engages to defend the City hereunder, which approval shall not be unreasonably withheld.
7.6 Survival. The provisions of this Section 7 shall survive the termination, cancellation, or expiration of this Agreement for a period of five (5) years.
8. DEFAULTS AND REMEDIES.
8.1 Default by Owner. Owner shall be in default of this Agreement if it does any or any combination of the following:
8.1.1 Willfully violates any order, ruling or decision of any administrative or judicial body having jurisdiction over the Property or the Project. Owner may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no default of this Agreement shall be deemed to have occurred until there is a final, non-appealable judicial decision that Owner willfully violated such obligation.
8.1.2 Fails to cure a material breach of this Agreement within the time set forth in a written notice of default from the City.
8.2 Default by City. The City shall be in default of this Agreement only if it fails to cure a material breach of this Agreement within the time set forth in a written notice of default from the Owner to the City.
8.3 Notice and Termination. A Party alleging a default by any other Party shall serve written notice thereof. Each such notice shall state with specificity all of the following:
8.3.1 The nature of the alleged default, with reference to the specific paragraphs of the Agreement that are alleged to have been breached and the specific facts supporting those allegations;
8.3.2 The manner in which the alleged default may be satisfactorily cured.
8.3.3 A period of time in which the default may be cured. The notice of default shall allow at least sixty (60) days to cure the default. If the default is of such a nature as not to be susceptible of cure within sixty (60) days using diligent efforts, then the defaulting Party shall only be deemed to have failed to cure the default if it fails diligently to commence such cure within sixty (60) days or if it fails diligently to prosecute such cure to its conclusion.
8.4 Default Remedies. A Party who complies with the notice of default and opportunity to cure requirements of paragraph 8.3 may, at its option, institute legal action to cure, correct, or remedy the alleged default as provided in this Agreement. 60139.18028\32974460.8
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8.5 Owner’s Remedy. The Owner acknowledges that the City would not have entered into this Agreement if it were to be liable in damages under or with respect to all or any part of the development of the Project on the Property. Accordingly, Owner shall not sue the City for damages or monetary relief for any matter related to the development of the Project on the Property. Owner’s litigation remedies shall be limited to declaratory and injunctive relief, mandate, and specific performance.
8.6 City’s Remedy. In the event of an uncured default by Owner, the City may pursue any and all available legal or equity remedies for the default, with the exception of damages or monetary relief related to the failure of the Owner to develop the Project on the Property.
8.7 Waiver; Remedies Cumulative. All waivers of performance must be in a writing signed by the Party granting the waiver. There are no implied waivers. Failure by City or Owner to insist upon the strict performance of any provision of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future. A written waiver affects only the specific matter waived and defines the performance waived and the duration of the waiver.
Unless expressly stated in a written waiver, future performance of the same or any other condition is not waived. A Party who complies with the notice of default and opportunity to cure requirements of paragraph 8.3, where applicable, and elects to pursue a legal or equitable remedy available under this Agreement does not waive its right to pursue any other remedy available under this Agreement, unless prohibited by statute, court rules, or judicial precedent. Delays, tolling, and other actions arising under paragraph 10.16 shall not be considered waivers subject to this paragraph 8.7.
8.8 Alternative Dispute Resolution. Any dispute between the Parties may, upon the mutual agreement of the Parties, may be submitted to mediation, binding arbitration, or any other mutually agreeable form of alternative dispute resolution. Neither Party shall be obligated to consent to such alternative dispute resolution. While an alternative dispute process is pending, the statute of limitation shall be tolled for any claim or cause of action which either of the Parties may have against the other.
9. ENCUMBRANCES, ASSIGNMENTS, AND RELEASES.
9.1 Discretion to Encumber. This Agreement shall not prevent or limit Owner, in any manner, at Owner’s sole discretion, from encumbering some or all of the Property or any improvement on the Property by any mortgage, deed of trust, or other security device to secure financing related to the Property or the Project. Notwithstanding the foregoing, any project or property shall be free and clear of all liens and encumbrances other than those previously approved in writing by the City prior to transfer to the City.
9.2 Mortgagee Protection. City acknowledges that the lender(s) providing financing secured by the Property and/or its improvements may require certain Agreement interpretations and modifications. City shall, at any time requested by Owner or the lender, meet with Owner and representatives of such lender(s) to negotiate in good faith any such interpretation or modification. City will not unreasonably withhold or delay its consent to any requested 60139.18028\32974460.8
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interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any mortgagee of the Property shall be entitled to the following rights and privileges:
9.2.1 Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Property made in good faith and for value.
9.2.2 If City timely receives a request from a mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the mortgagee within ten (10) days of sending the notice of default to Owner. The mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed Owner under paragraph 8.3.3 of this Agreement.
9.2.3 Except as otherwise provided within this Agreement, any mortgagee who comes into possession of some or all of the Property pursuant to foreclosure of a mortgage or deed of trust, or deed in lieu of such foreclosure or otherwise, shall:
9.2.3.1 Take that property subject to the terms of this Agreement and as Owner’s successor;
9.2.3.2 Have the rights and obligations of an assignee as set forth in paragraphs 9.4 and 9.5;
9.2.3.3 Have the right to rely on the provisions of paragraph 9.5 of this Agreement, provided that any development proposed by the mortgagee is in substantial conformance with the terms of this Agreement; and
9.2.3.4 Not be liable for any defaults, whether material or immaterial, or monetary obligations of Owner arising prior to acquisition of title to the Property by the mortgagee, except that the mortgagee may not pursue development pursuant to this Agreement until all delinquent and current fees and other monetary obligations due under this Agreement for the portions of the Property acquired by the mortgagee have been paid to City.
9.3 Estoppel Certificate. Within ten (10) business days following a written request by either of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist.
The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. Owner shall pay to City all reasonable administrative costs incurred by City in connection with the issuance of estoppel certificates under this paragraph prior to City’s issuance of such certificates. 60139.18028\32974460.8
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9.4 Transfer or Assignment. Subject to paragraphs 9.5 and 9.6, Owner shall have the right to sell, transfer, or assign its rights and obligations under this Agreement in connection with a transfer of Owner’s interest in all, any portion of, or any interest in the Property. No assignment shall be made unless made together with the sale, transfer, or assignment of all or any portion of Owner’s interest in the Property. At least thirty (30) business days prior to the effective date of any assignment, Owner shall notify City in writing of the proposed assignment and provide City with an Assignment and Assumption Agreement, in a form substantially similar to Exhibit “I”, executed by the purchaser, transferee, or assignee to expressly and unconditionally assume all duties and obligations of Owner under this Agreement remaining to be performed at the time of the assignment.
9.5 Effect of Assignment. Subject to paragraph 9.6 and unless otherwise stated within the assignment, upon an assignment:
9.5.1 The assignee shall be liable for the performance of all obligations of Owner with respect to transferred property, but shall have no obligations with respect to the portions of the Property, if any, not transferred.
9.5.2 The owner of the remaining Property shall be liable for the performance of all obligations of Owner with respect to remaining Property, but shall have no further obligations with respect to the portion of the Property transferred.
9.5.3 The assignee’s exercise, use, and enjoyment of the transferred Property shall be subject to the terms of this Agreement and the assignee shall have all of the rights under this Agreement to the same extent as if the assignee were the Owner.
9.6 City’s Consent. An Owner shall not be released from its obligations with respect to the transferred Property until it has obtained the City’s reasonable consent to the transfer or assignment of all or a portion of this Agreement, which consent shall not be unreasonably withheld, conditioned or delayed.
10. MISCELLANEOUS PROVISIONS.
10.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; “shall” is mandatory; “may” is permissive.
10.2 Binding Effect of Agreement. This Agreement shall be recorded against the Property and shall run with the land. Until released or terminated pursuant to the provisions of this Agreement or until Owner has fully performed its obligations arising out of this Agreement, no portion of the Property shall be released from this Agreement.
10.3 Entire Agreement. This Agreement constitutes the entire understanding and agreement of City and Owner with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiations or previous agreements between City and Owner respecting the subject matter of this Agreement.
10.4 Recorded Statement Upon Termination. Upon the completion of performance of this Agreement or its cancellation or termination, a statement evidencing completion, 60139.18028\32974460.8
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cancellation, or termination signed by the appropriate agents of City, shall be recorded in the Official Records of San Diego County, California.
10.5 Amendment or Cancellation of Agreement. This Agreement may be amended from time to time or canceled only by the written consent of both City and Owner in the same manner as its adoption, as set forth in California Government Code Section 65868. Any amendment or cancellation shall be in a form suitable for recording in the Official Records of San Diego County, California. An amendment or other modification of this Agreement will continue to relate back to the Effective Date of this Agreement (as opposed to the effective date of the amendment or modification), unless the amendment or modification expressly states otherwise.
10.6 Minor Changes/Operating Memorandum. The provisions of this Agreement require a close degree of cooperation between the Parties. It is anticipated that minor changes to the Project may be required from time to time to accommodate design changes, engineering changes, and other refinements related to the details of the Parties’ performance. Minor changes are those changes to the Project that are otherwise consistent with the Development Approvals, and which do not result in the introduction of a new use, an overall increase in project density, significant new or an increase in the severity of previously identified significant environmental impacts that cannot be mitigated, or violations of any applicable health and safety regulations in effect on the Effective Date. Accordingly, the Parties may mutually consent to adopting minor changes through their signing of an operating memorandum reflecting the minor changes.
Neither the minor changes nor any operating memorandum shall require public notice or hearing.
The City Attorney and City Manager shall be authorized to determine whether proposed modifications and refinements are minor changes subject to this paragraph or more significant changes requiring amendment of this Agreement. The City Manager may execute any operating memorandum for minor changes without City Council action. Minor changes would include, without limitation, minor boundary or lot line adjustments necessary to properly reflect the applicability of this Agreement in the chain of title.
10.7 Project as a Private Undertaking. It is specifically understood by City and Owner that (i) the Project is a private development; (ii) City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property unless City accepts the improvements pursuant to the provisions of this Agreement or in connection with subdivision map approvals; and (iii) Owner shall have the full power and exclusive control of the Property, subject to the obligations of Owner set forth in this Agreement.
10.8 Incorporation of Recitals. Each of the Recitals set forth at the beginning of this Agreement are part of this Agreement.
10.9 Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement.
10.10 Consent. Where the consent or approval of City or Owner is needed to implement Development under this Agreement, the consent or approval shall not be unreasonably withheld, delayed, or conditioned.
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10.11 Covenant of Cooperation. City and Owner shall cooperate and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement.
10.12 Execution and Recording. The City Clerk shall cause a copy of this Agreement to be signed by the appropriate representatives of the City and recorded with the Office of the County Recorder of San Diego County, California, within ten (10) days following the Effective Date. The failure of the City to sign and/or record this Agreement or notice thereof shall not affect the validity of and binding obligations set forth within this Agreement.
10.13 Relationship of City and Owner. The contractual relationship between City and Owner arising out of this Agreement is one of independent contractor and not agency. This Agreement does not create any third-party beneficiary rights.
10.14 Notices. All notices, demands, and correspondence required or permitted by this Agreement shall be in writing and delivered in person, sent by electronic mail, or mailed by first class or certified mail, postage prepaid, addressed as follows:
If to City, to: City of Santee
Attn: City Manager
10601 Magnolia Avenue
Santee, CA 92071-1222
With a copy to: Shawn Hagerty, Esq.
City Attorney
Best Best & Krieger LLP
655 West Broadway, Suite 1500
San Diego, CA 92101
If to Owner, to: HomeFed Fanita Rancho LLC
Attn: General Manager
1903 Wright Place, Suite 220
Carlsbad, CA 92008-6584
With a copy to: Jeffrey A. Chine, Esq.
Allen Matkins Leck Gamble Mallory & Natsis LLP
600 West Broadway, 27th Floor
San Diego, CA 92101
City or Owner may change its address by giving notice in writing to each of the other names and addresses listed above. Thereafter, notices, demands, and correspondence shall be addressed and transmitted to the new address. Notice shall be deemed given upon personal delivery, the date of actual receipt or, if mailed, not later than two (2) business days following deposit in the United States mail.
10.15 Waiver of Right to Protest. Execution of this Agreement is made by Owner without protest. Owner knowingly and willingly waives any rights it may have under Government Code section 66020 or any other provision of law to protest the imposition of any 60139.18028\32974460.8
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fees, dedications, reservations, or other exactions imposed on the Project as authorized by this Agreement and the Development Approvals.
10.16 Delay for Events Beyond the Parties’ Control. Delay of performance by either Party of its obligations under this Agreement shall not be deemed a breach of the Agreement and the Term shall be extended, for periods equal to the time during which:
10.16.1 Litigation is pending which challenges any matter, including compliance with CEQA or any other local, state, or federal law, related in any way to the approval or implementation of all or any part of the Development Approvals or Subsequent Development Approvals. Any such extension shall be equal to the time between the filing of litigation, on the one hand, and the entry of final judgment or dismissal, on the other.
10.16.2 A delay is caused by reason of any event that cannot reasonably be anticipated or controlled by the City or Owner which prevents or delays performance by City or Owner of obligations under this Agreement. Such events shall include, by way of example and not limitation, acts of nature, riots, strikes, pandemics or damage to work in process by reason of fire, mud, rain, floods, earthquake, or other such casualties. Such an event does not include a market or business downturn, recession or other change in the business cycle.
10.16.3 All extensions shall be cumulative. If City or Owner seeks excuse from performance for the period of a delay, it shall provide written notice of such delay to the other within ninety (90) days of the commencement of such delay. If the delay or default, whether material or immaterial, is due to an event that cannot be reasonably anticipated or controlled by City or Owner it shall be excused, and an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. In the event of a disagreement between the Parties with respect to whether this paragraph applies to a particular delay, a Party may file an action for judicial review of the matter, including requests for declaratory and/or injunctive relief. The right to seek judicial review shall not limit any other remedies, whether legal or equitable, to which the Party may be entitled.
10.17 Interpretation and Governing Law. In any dispute regarding this Agreement, the Agreement shall be governed and interpreted in accordance with the laws of the State of California. Venue for any litigation concerning this Agreement shall be in San Diego County, California.
10.18 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
10.19 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.
10.20 Future Litigation Expenses.
10.20.1 Payment to Prevailing Party. If either Party brings a legal or equitable proceeding against the other Party which arises in any way out of this Agreement, the prevailing 60139.18028\32974460.8
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Party shall be entitled to recover its reasonable attorneys’ fees and all other reasonable costs and expenses incurred in that proceeding.
10.20.2 Scope of Fees. Attorneys’ fees under this paragraph shall include attorneys’ fees on any appeal and in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the termination of this Agreement.
10.21 Performance and Release. The parties agree that upon written request of Owner and payment of all fees and performance of the requirements and conditions required of Owner by this Agreement with respect to the Property, or any portion thereof, the City shall execute and deliver to Owner appropriate releases(s) of further obligations imposed by this Agreement in form and substance acceptable to the San Diego County Recorder and the main title insurance company being used by Owner regarding the Planned Development, if any, or as may otherwise be necessary to effect the release. The City shall not unreasonably withhold approval of such release(s). Upon the Effective Date, the Parties waive, relinquish and release any and all claims or obligations arising out of or relating to the Development Agreement By And Among the City of Santee, Fanita Ranch, L.P. and Barratt American Incorporated recorded in the Office of the San Diego County Recorder on January 29, 2008, as Document Number 2008-0042203, and the processing and approval of the development project described therein.
10.22 Obligation to Modify. The City acknowledges that the lenders providing financing for the Project may require certain modifications to this Agreement and City agrees, upon request from time to time, to meet with Owner and/or representatives of such lenders to negotiate in good faith any such requirement for modification. The City will not unreasonably withhold its consent to any such requested modification.
10.23 Termination For Non-Economic Development. Subject to Owner’s unilateral right to terminate this Agreement set forth in paragraph 4.2, and as provided below, if, at any time during the Term of this Agreement, Owner determines that it is no longer economically feasible to develop the Property as a result of new federal or state laws that require substantial amendments to this Agreement, changes in market conditions or economic conditions, increased development costs, financing requirements for public improvements, or as a result of other changed circumstances occurring after the Effective Date, Owner shall be entitled to request termination of this Agreement. Owner shall provide the City with a letter containing the request for termination and supporting evidence demonstrating that the development of the Property in accordance with this Agreement is no longer economically feasible. The termination request shall be considered by the City Council at its first regular meeting following receipt of the request, unless the City Council finds, based upon substantial evidence, that development of the Property remains economically feasible. In the event that the City Council declines to grant Owner’s request for termination in accordance with this paragraph 10.23, Owner shall be entitled to challenge this decision in court consistent with paragraph 8.5 of this Agreement.
10.24 Exhibits. All exhibits attached to this Agreement are incorporated as a part of this Agreement. Those exhibits are:
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Exhibit Description
“A” Site Utilization Plan for Project
“B” Legal Description and Depiction of Property
“C” Conceptual Phasing Plan for Project
“D” Permanent Fire Station Specifications
“E” Temporary Fire Station Specifications
“F” Categories of Recurring Fire Operational Costs
“G” Chart of Maintenance Obligations
“H” Estimated Impact Fees
“I” Assignment and Assumption Agreement
[Signatures on following page]
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Owner and City have executed this Agreement on the dates set forth below.
CITY
CITY OF SANTEE,
a municipal corporation and charter law city
By:
Marlene D. Best
City Manager
Date:
ATTEST:
By:
Annette Ortiz
City Clerk
APPROVED AS TO FORM:
By:
Shawn Hagerty
City Attorney
OWNER
HOMEFED FANITA RANCHO LLC,
a Delaware limited liability company
By: ________________________________
Kent Aden
Senior Vice President
Date:
APPROVED AS TO FORM:
By:
Jeffrey A. Chine, Esq.
* Company signature authorization must be provided upon document execution. 60139.18028\32974460.8
EXHIBIT A
EXHIBIT A
SITE UTILIZATION PLAN FOR PROJECT
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EXHIBIT B-1
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF PROPERTY
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EXHIBIT B-2
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EXHIBIT B-3
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EXHIBIT B-4
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EXHIBIT B-5
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EXHIBIT B-6
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EXHIBIT B-7
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EXHIBIT B-8
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EXHIBIT B-9
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EXHIBIT B-10
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EXHIBIT B-11
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EXHIBIT C
EXHIBIT C
CONCEPTUAL PHASING PLAN FOR PROJECT
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EXHIBIT D-1
EXHIBIT D
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 twenty-four 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
Decontamination Shower
Fuel Station
Emergency Generator
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EXHIBIT D-2
Dumpster / Trash
Janitorial Storage
Air Compressor Room
Ice Machine
Electric, Air and Exhaust for all apparatus locations
Station Monument Sign
Flagpole
Solar Power Generation
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EXHIBIT E-1
EXHIBIT E
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 twenty-four hours a day, seven days a week. Components of the fire station include: crew quarters, apparatus, apparatus storage, employee parking, physical training area, and all-weather sur face.
Crew Quarters: Adequate for three personnel (approx. 28’X60’) • Three Individual bunk rooms (approx. 10X14)
o Three (3) lockers in each room
o Desk in each room
o One (1) 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 living space
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 60139.18028\32974460.8
EXHIBIT E-2
• Exhaust removal system, consistent with current brand used Employee parking: Secure for eight (8) employee vehicles Location: Response time to all areas of project within 6 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
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EXHIBIT F
EXHIBIT F
RECURRING FIRE OPERATIONAL COSTS
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EXHIBIT G-1
EXHIBIT G
CHART OF MAINTENANCE OBLIGATIONS
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EXHIBIT G-2
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EXHIBIT G-3
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EXHIBIT G-4
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EXHIBIT H-1
EXHIBIT H
ESTIMATED IMPACT FEES
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EXHIBIT H-2
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EXHIBIT H-3
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EXHIBIT H-4
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EXHIBIT H-5
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EXHIBIT I-1
EXHIBIT I
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT (“Assignment”) is made as of the ___ day of __________, 20__ (“Effective Date”), by and among the (“Owner”) and
(“Assignee”) with reference to the following facts:
RECITALS
A. Owner has entered into that certain Development Agreement, dated ______, ____ by and between the City of ___________on the one hand, and the other hand (“Agreement”) for certain real property consisting of approximately _______ acres of land located in the City, more particularly described in Exhibit “A” (“Property”).
B. Owner desires to assign and delegate, and Assignee desires to accept and assume, all of Owner’s rights and obligations under the Agreement in accordance with the terms and conditions set forth herein.
C. By signing this Assignment, the City approves the Assignment in accordance with the terms and conditions set forth herein and in the Agreement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Assignee do hereby agree as follows:
1. Assignment and Assumption. Effective as of the Effective Date, Owner hereby assigns, transfers, and conveys to Assignee all of Owner’s rights, interest, duties, liabilities, and obligations in, to, and under the Agreement, and Assignee hereby accepts and assumes all such rights, interests, duties, liabilities, and obligations under the Agreement from Owner for [the Property or a portion of the Property] (“Assigned Property”) [, except to the extent Owner has retained a portion of the Property (the “Retained Property”)].
2. City Consent to Assignment. Effective as of the Effective Date, City hereby consents to the Assignment and hereby fully releases and forever discharges Owner from any and all obligations to City under the Agreement for the Assigned Property, [except Owner’s obligations with respect to the Retained Property].
3. Entire Agreement. This Agreement represents the final and entire agreement between the parties in connection with the subject matter hereof, and may not be modified except by a written agreement signed by both Owner and Assignee.
4. Governing Law. This Agreement has been prepared, negotiated, and executed in, and shall be construed in accordance with, the laws of the State of California, without regard to conflict of law rules.
60139.18028\32974460.8
EXHIBIT I-2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
Owner:
By:
Assignee:
By:
Name:
Its:
City:
City of a
By:
Name:
Its: