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Home My WebLink AboutReso 1990-15709 RESOLUTION NO. 15709 RESOLUTION OF THE CITY COUNCIL AND AGENCY BOARD OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE STAFF TO NEGOTIATE AN OWNER PARTICIPATION AGREEMENT WITH PACIFIC SCENE, INC. FOR THE DEVELOPMENT OF THE PALOMAR TROLLEY COMMERCIAL CENTER PROJECT AS A "SUB-REGIONAL RETAIL CENTER" AND TO RETURN WITH A PROPOSED OWNER PARTICIPATION AGREEMENT, A GENERAL PLAN AMENDMENT AND A ZONE CHANGE FOR THE AREA OF THE PROJECT CONSISTENT WITH THE PROPOSED OWNER PARTICIPATION AGREEMENT WHEREAS, Pacific Scene, Inc. {"PSI") is in the process of securing fee title to an approximate 12.22 acres of land located south of Palomar Street, west of Broadway, east of Metropolitan Transit Development Board Station and north of the San Diego Gas & Electric right-of-way, shown on the attached Exhibit A as Project Site, and referred to herein as "PSI Site"; and, WHEREAS, the entire area of land located south of Palomar Street, west of Broadway, east of Metropolitan Transit Development Board Station and north of the southerly boundary of the San Diego Gas & Electric right-of-way, ("Entire Site") includes the territory of the PSI Site, in addition to other parcels of land not currently owned or subject to purchase by PSI ("Expansion Parcels"); and, WHEREAS, with regard to the PSI Site, PSI has submitted an application for an Environmental Impact Report (EIR-89-4M with Addendum); an Application to Amend the Montgomery Specific Plan by redesignating the Subject Site from "Research Limited Industrial" to "Mercantile Office Commercial" (GPA-88-2M), and an Application to rezone the Subject Site from M-52 to C-C-P {PCZ-88-j[M]) ("PSI's Applications"); and, WHEREAS, PSI's Applications were reviewed by staff, the Montgomery Planning Committee and the Chula Vista Planning Commissions; and WHEREAS, the City Council has considered PSI's Applications during duly noticed public hearings on May 8, 1990 and June 5, 1990; and WHEREAS, at their public hearing on June 5, 1990, the City Council certified EIR-89-4M with Addendum as being complete and consistent with the California Environmental Quality Act; and WHEREAS, the Redevelopment Agency ("Agency") has proposed and commenced the establishment of the Southwest Redevelopmerit Project Area ("SWRPA") which area would include all or a portion of the Entire Site and all of PSI's Site; and Resolution No. 15709 Pa9e 2 WHEREAS, Agency has indicated an interest in expanding the territory of the SWRPA to include more of the Entire Site; and, WHEREAS, PSI, City and Agency desire to insure the development of the PSI Site and, if available, the Entire Site in a manner that is an architecturally compatible, environmentally sound, aesthetically pleasing, and well-planned and well-zoned land use from a zoning perspective, and a center that is occupied by tenants that promote an economic balance to the immediate neighborhood and to the entire community of Chula Vista as well as the South Bay Region of San Diego County; NOW, THEREFORE, the City Council of the City of Chula Vista and the Board of Di rectors of the Redevel opment Agency do hereby find, determine, direct, order and resolve as follows: Section l: The Agency Board does hereby direct the staff of the Agency to meet and confer in good faith with PSI to the exclusion of all other persons except owners of the Expansion Parcels for the purpose of negotiating an Ownership Participation Agreement ("OPA") and to either conclude an OPA which staff is willing to recommend to the Agency Board within 45 days, or to report back to the Agency Board within 45 days as to the progress of their negotiations, which OPA shall provide for the development of the PSI Site, and if possible, the Entire Site pursuant to terms and conditions which are not inconsistent with the following: A. Sub-regional Retail Center Purpose. The purpose of the OPA is and will be to accomplish the development of the PSI Site, and if possible, the Entire Site, into a high-retail sales tax generating site. ("Sub-regional Retail Center Site") B. PSI's Effort. The OPA shall commit PSI to use good faith and best efforts to acquire such of the Expansion Parcels as PSI feels may be readily and properly incorporated into the use of the Entire Site as a Sub-regional Retail Center. C. Tenant Mixture and Tenant Review Privilege. 1. 65% of the site, whether just the PSI Site, or the Entire Site, or any combination of the PSI Site and the Expansion Parcels, is to be desi9ned, developed and leased to, or otherwise occupied by, hi9h retail sales tax generating users which meet with the joint approval of the Agency and PSI, which approval shall not be unreasonably withheld. In the absence of special circumstances, it shall be deemed to be unreasonable to fail to approve Home Depot, Nordstrom's Rack, Walmart, Vista Paints, MarshalIs, Office Depot, Child's World, or Sportsmart, or a high retail sales tax generating tenant or occupant if they generate greater than $275 square foot of taxable retail sales per year. It shall not be unreasonable to withhold approval of a tenant or occupant if the other party can - Resolution No. 15709 Page 3 establish that other, higher retail sales tax generating tenants are available and interested in the site. Each party shall agree to meet and confer within 15 days with the other in good faith for the purpose of determining the basis of each party's objection to a particular proposed Tenant. 2. 35% of the site, whether just the PSI Site, or the Entire Site, or any combination of the PSI Site and the Expansion Parcels, is to be designed, developed and leased to, or otherwise occupied by such tenants as PSI shall decide, without review or approval by the Agency. D. Land Use Restrictions The OPA shall provide for land use restrictions in the design of the PSI Site that shall include that not greater than 2 pads shall be permitted to be occupied by "fast food" tenants. Use of pads on the rest of the Entire Site, if same shall be expanded, is subject to further review and approval by Council. E. Milestone for Construction Drawing Commencment. The OPA shall provide a schedule for the development of the project that shall include, but shall not be limited to, the preparation and submittal of construction drawings not later than January 1, 1991. Section 2. In addition to the foregoing, the OPA shall address in such manner as the staff and the developer may agree, sharing of the costs or dividing the responsibilities for constructing off-site improvements, including but not limited to, the widening Palomar Street, the pedestrian link, the daycare center, the traffic circulation loop, and the linear park with bike and pedestrian paths. Section 3. Upon the successful negotiation of an OPA that meets with the concurrence of staff for the City and Agency, or upon the sooner declaration of "impasse" by either party, or upon the sooner expiration of 45 days from the effective date of this resolution, the staff for the City and Agency shall return to the City Council and Agency Board with the following: A. Their report on the progress and status of negotiations. B. Their recommendations for proceeding with the development of the project. C. If staff has been able to reach an agreement for an OPA with the developer, a proposed OPA for the development of the Project, a General Plan Amendment replanning the PSI Site and any Expansion Parcels included in the proposed OPA to Mercantile and Office Commercial, a zone change for the PSI Site and any Expansion Parcels included in the OPA to the C-C-P Zone. Resolution No. 15709 Page 4 D. If staff has been unable to reach an agreement for an OPA with the developer, a proposed OPA for the development of the Project in such form last supported by each party, and the necessary General Plan Amendment, and Zone Change necessary to implement each party's recommendation. City Attorn~~~!~~Pdr~ Resolution No. 15709 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this lOth day of July, 1990 by the following vote: AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15709 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the lOth day of July, 1990. Executed this lOth day of July, 1990. Bever ut~elet, Ulty Clerk