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HomeMy WebLinkAboutAgenda Packet 1992/11/30 . <... ..',,"," ;' ,,_ ~ ,_c. .'(,.Ii j \ili:;H i CifH f.:11~~~''J C:' :' a ::'}~a V:sta in the tL i :C~ .:.; :. ' u:.. ", -I' ' t . /;. ! r;'):::;'~cd ti'is f\ /::"J ..J,'i:..i;;0 ( j ~,10 ~;;uijQ~:;1 ELx;rd at the PU~'\\~CTceG ,~u.I';in?, ~ d~ <;;ity Hall n DATE'), \ d:5 ~ SIGfJED. JLJA .. SPECIAL MEETING OF THE CI1Y COUNCIL THE CI1Y OF CHULA VISTA Monday, November 30,1992 4:00 p.m. Council Chambers Public Services Building CAll. TO ORDER 1. ROU. CAu.: Councilmembers Horton ~ Malcolm ~ Moore _, Rindone ~ and Mayor Nader _ 2. PLEDGE OF AIJ..EGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUrES: None submitted. 4. SPECIAL ORDERS OF THE DAY: None submitted. CONSENT CALENDAR The staff recommendations regarding the following iJems listed under the Consent CaJendor will be enm:ted by the Council by one motion without discussion. unless a CounciJmember, a monber of the pubtiJ: or City staff Tt!t[UeSIS that the item be pulled for discussion. If you wish to speoJc 011 one of these iJems, please fill out a "Requut to SpeIlk Form" avaiJJlb1e in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; comp1ete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent CaJendor will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the pubtiJ: will be the first iJems of business. 5. WRITfEN COMMUNICATIONS: None submitted. 6. ORDINANCE 2535 APPROVING PCM-91-16: AMENDMENT TO THE RANCHO DEL REY SPECIFIC PLAN, PLANNED COMMUNTIY DISTRICT REGULATIONS AND DEVELOPMENT AGREEMENT, ADOPTING MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATION FOR SEIR-92-02 (second readinR: and adoDtion) . The applicant is requesting approval of an amendment to the General Plan and the El Rancho del Rey Specific Plan to redesignate the westerly 55 acres of the existing Rancho del Rey Employment Park from Light Industrial/Employment Park designation to Retail Commercial/Commercial Center. The proposed amendment also involves modification to the Employment Park Design Guidelines, Planned Community District Regulations, Public Facilities Financing Plan, New Air Quality Improvement Plan, and Water Conservation Plan. Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) 7. RESOLUTION 16912 APPROVING COMPENSATION AND FRINGE BENEFITS FOR THE MAYOR/COUNCIL SECRETARY FOR FISCAL YEAR 1992-93 * * END OF CONSENT CALENDAR * * Agenda -2- November 30,1992 PUBUC HEARINGS AND RELATED RESOLunONS AND ORDINANCES The following items have been advertised and/or posted as publii: /Jearing8 as required by Iizw. If you wish to speak to any item, pleiJse fiR out the "Request to Speak Form" available in the 10bby fJIId submit it to the City Clerlc prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposiJion to the staff recommendJJJion) Comments are IinUted to five minutes per individuJlL None submitted. ORAL COMMUNICATIONS This is an opportuniJy for the general publii: to address the City Coundl Oft any subject molU!T wiIhin the Coundl's jurisdicIion tIuJt is not an iIem Oft this agenda. (StllIe Iizw, however, generally prohibits the City Coundl from taking action Oft any issues not iIu:IJuJLd Oft the posted agenda.) If you wish to address the Coundl Oft sudI a subject, pleiJse complete the yeI/ow "Request to Speak Under Oral CommunU:ations Form" available in the lobby and submit u to the City Clerlc prior to the meeting. Those who wish to speak, please give your 1IIJnU! and address for record purposes and follow up oc/ion. Your time is IinUted to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City CoundJ will consider items whkh have been forwarded to them for consideration by Ofte of the Citys Boards, Commissions and/or CommiJtees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to eIii:U substmllUll discussions and ddiberations by the Cowu:il, staff, or monhers of the general publii:. The items will be considoed individuaJIy by the Coundl and staff recommendotions may in certoin cases be presented in the a1temaIive. Those who wish to speak, please fill out a "Request to Speak" form avaiJalJ1e in the lobby and submit u to the City Clerlc prior to the meeting. Publii: commenls are IinUted to five minutes. S.A. RESOLunON 16909 APPROVAL OF IMPLEMENTING AGREEMENT FOR MAJOR RETAILER A, PROPOSED RANCHO DEL REY COMMERCIAL CENTER AND MAKING CERTAIN CEQA FlNDINGS (Director of Community Development) B. RESOLunON 16910 APPROVAL OF IMPLEMENTING AGREEMENT FOR MAJOR RETAILER B, PROPOSED RANCHO DEL REY COMMERCIAL CENTER AND MAKING CERTAIN CEQA FINDINGS (Director of Community Development) C. RESOLunON 16911 APPROVAL OF IMPLEMENTING AGREEMENT FOR MAJOR RETAILER C, PROPOSED RANCHO DEL REY COMMERCIAL CENTER AND MAKING CERTAIN CEQA FINDINGS (Director of Community Development) ITEMS PUIJ.ED FROM THE CONSENf CALENDAR This is the time the City Coundl will discuss items whkh have been 1'e11IDVed from the COftSent CaJendm. Agendil items pu1Ied at the request of the publii: will be considoed prior to those pu1Ied by Cowu:iInu1mbers Publii: CommenIs are IinUted to five minutes per individuJlL Agenda -3- November 30,1992 OTIiER BUSINESS 9. CJ1Y MANAGER'S REPORT(S) a. Scheduling of meetings. 10. MAYOR'S REPORT(S) 11. COUNCIL COMMENTS ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Pending litigation against City of San Diego vis-a-vis Cost Allocable to Chula Vista under Clean Water Program - pursuant to Government Code Section 54956.9(a) Institution of litigation regarding acquisition by eminent domain of certain real properties located in public rights-of-way throughout the City - pursuant to Government Code Sections 54956.8 and 54956.9(c) The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on December 8, 1992 at 6:00 p.m. in the City Council Chambers. NOTICE IS HEREBY GIVEN that the City Council of the City of Chula Vista has called and will convene a special meeting of the City Council on Monday, November 30, 1992, 4:00 p.m., in the City Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, CA. ~{2~ Beverly A. AutheIet, City Clerk COUNCIL AGENDA STATEMENT Ite~k Meeting Date 1'T724&2 ) 1/36hJ.... ITEM TITLE: PUBLIC HEARING: GPA-93-01, FSEIR-92-02, PCS-92-05, PCS-93- 01: Considering an amendment to the General Plan, Final Supplemental Environmental Impact Report, amendments to the EI Rancho Del Rey Specific Plan, Rancho Del Rey Sectional Planning Area I Plan (SPA) I Plan, Rancho Del Rey Planned Community District Regulations, Rancho del Rey Employment Park Design Guidelines, Rancho Del Rey SPA I, II and III Public Facilities Financing. Plan, New Air Quality Improvement Plan, Water Conservation Plan, Tentative Maps Chula Vista Tract 92-05 and 93- 01, Plaza Amena street name change, Development Agreement, CEQA Findings, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations Resolution J lo4'D 0 Certifying the Final Supplemental Environmental Impact Report (SEIR-92-02), Approving GPA-93-01, PCM-91-16 amendment to the Rancho del Rey Sectional Planning Area Plan (SPA) I including Employment Park Design Guidelines, amendment to the Public Facility Financing Plan, approving Tentative Maps PCS-92-05 and 93-01 and street name change from Plaza Amena to Tierra del Rey, Air Quality Improvement Plan and Water Conservation ~~~~ Ordina~ trll; 35 Approving PCM-91-16 amendment to the j!an h~ del Rey Specific Plan, Planned Community District ations and Development Agreement, Adopting Mitigation ~' onitoring and Reporting Program and Statement of Overriding cJ~'\) Considerations for SEIR-~2- 2 ~O A' SUBMITTiD BY: Director of Planning / ~ / .a.>>2J.) ~ Director of Community Developme,~)" ~ 1.../ REVIEWED BY, C"" Man"1- (4I5Ih, Vote' Ye'_NoE This item involves an amendment to the General Plan, EI Rancho del Rey Specific Plan, Rancho del Rey Specific Planning Area (SPA) I Plan, Planned Community District Regulations, RDR Employment Park Design Guidelines, Public Facilities Financing Plan; approvals of an Air Quality Improvement Plan, Water Conservation Plan, Tentative Maps, street name change and Development Agreement. It also includes making CEQA findings of fact, adopting mitigation and reporting program, and statement of overriding considerations. WPC F:~OME\PL.ANNING\307.512 (_. __r 19, 11M12) I ~ I - b~ I , - Page 2, Item / If Meeting Date 11124/92 RECOMMENDATION: That the Council adopt the resolutions and ordinances approving GPA 93-01, PCM-91-16, PCS-92-05, PCS-93-Q1 and street name change from Plaza Amena to Tierra del Rey. A provision has been included in the resolution adopting the General Plan Amendment which has the effect of combining it into a single action with any other General Plan Amendment adopted at the same meeting. This provision ensures that the City does not exceed the limitation on the number of General Plan Amendments it can adopt in anyone calendar year. FINAL ENVIRONMENTAL IMPACT REPORT The Rancho del Rey Commercial Center Draft Supplemental EIR (EIR-92-02) was circulated for public review from July 21, 1992 to September 9, 1992. The closing public hearing before the Planning Commission on September 9 on the Draft Supplemental EIR concluded this public review period. Many comments were received as a result of this public review, with most of the comments relating to the issues of traffic, air quality, noise, lighting, and crime. The comments and responses are now included in the Final EIR document, with corresponding appropriate text changes. The California Environmental Quality Act (CEQA) requires that a Final EIR contain: . the Draft EIR or a revision of it, . comments and recommendations received on the draft EIR, . responses of lead agency to significant environmental points raised in the review, and any other information added by the lead agency. The Final Supplemental EIR contains the above listed information. The purpose of the FSEIR is to provide the decision-makers with information they may use in considering the Project, but the FSEIR is not intended, in itself, to determine the decision to approve or disapprove the Project. BOARDS/COMMISSIONS RECOMMENDATION: On August 24,1992, the Resource Conservation Commission reviewed the Draft Supplemental SEIR and raised questions regarding the unmitigable air pollution and traffic issues discussed in the SEIR. However, the Commission endorsed the project indicating that the project was a benefit to the community (see August 24, 1992 RCC minutes in Section 11 in your notebook). On July 27,1992, a conceptual Master Development Plan showing all major tenants and the proposed architectural theme was presented to the Design Review Committee in order to obtain their input and direction. The Committee concurred with the proposed architectural theme and the conceptual Master Development Plan, but recommended that the revisions to the Employment Park Design Guidelines include graphics illustrating the WPC F:'HOMElPLANNING\307.S12 <_. _r Ie, 111S12) ~"'2- I~I ~ I -"'-. Page 3, Item ) y Meeting Date 11/24/92 intended architectural theme and to clarify the stated design guidelines (see July 27, 1992 DRC minutes in Section 11 in your notebook). On September 9, 1992, the Planning Commission took public testimony on the Draft SEIR. On September 21,1992, the Design Review Committee reviewed the final version of the amended Employment Park Design Guidelines (subsequently renamed Business Center Design Guidelines) and endorsed the document with some recommended changes and refinements. The Committee's listed in the September 21, 1992 DRC minutes in Section 11 of your notebook have been incorporated in the latest version of the Design Guidelines, and are being recommended for adoption. On October 7, 1992, the Economic Development Commission approved the project in concept. The minutes of the meeting are in Section 11 of your Notebook. On November 9,1992, the Resource Conservation Commission reviewed the Commercial Center Air Quality Improvement Plan and the Water Conservation Plan. Both documents received three votes for approval with one abstention from the new member who did not feel qualified to vote. A vote of the RCC requires four votes to approve a motion. On November 18, 1992, the Planning Commission certified the Final Supplemental Environmental Impact Report (FSEIR-92-02) by a 7-0 vote. The Commission then voted in a single motion 5-2 to recommend that the City Council adopt the ordinance and resolution approving the project. Minutes of the meeting will be made available to the Council prior to its meeting on November 24, 1992. PUBLIC INPUT On August 13, 1992, the Planning and Community Development Departments organized a public forum to familiarize the neighborhood residents with the development proposal and the Draft Supplemental Environmental Impact Report prepared for the project. The recorded public input is summarized in the attached August 13, 1992 Public Forum Comments in Section 12 of your Notebook. In addition to the Public Forum and the comments received during the SEIR review period, Staff received several letters from surrounding neighbors stating their concems regarding the higher levels of traffic on East H street and the potential for an increase in crime as a result of the subject project. The letters are included in the Public Input section of your Notebook. WPC F:\HOMElPlANNINGI307.112 (Rev. Nowmbo, 19, 1m) J/I h-3 I r 3--. Page 4, ItemJ..L Meeting Date 11/24/92 DISCUSSION: 1. Exlstlna Site Characteristics The existing Employment Pari< is an 84.5 (net) acre site subdivided into 39 individual parcels and served by an intemal public street system. The existing parcels vary in size from .40 to 8.5 acres and have been graded into a series of terraced building pads descending towards the west. The proposed commercial center constitutes the westerly 55 acres of the Employment Pari< and is bounded on the north by a branch of Rice Canyon which serves as a buffer between the northerly adjacent residential neighborhoods and the existing Employment Pari<, to the west by an open space district, to the east by Employment Pari< vacant parcels, and to the south by East H Street beyond a linear open space lot which serves as a landscape buffer between the developable area and the public right of way. 2. Adjacent Zonlna and Land Use Zoning RDR North P-C R.1210S.5 VacanVOpen Space South PC OS.5 East H Street East P.C EP-1 Vacant West P.C OS.5 VacanVOpen Space 3. Project DescrlDtlon The proposed Commercial Center encompasses the westerly 55 acres of the Employment Pari< and includes lots 1 to 24 of the original Employment Pari< subdivision. The existing EP (Employment Pari<) land use designation is proposed to be changed to create a new C (Commercial Center) zone to allow the introduction of a new Commercial Center to the existing Employment Pari<. The parcels containing the existing 30,000 sq. ft. Brunswick bowling alley and approved car wash, which are within the project boundaries, will not be affected by the new land use designation and will remain as conditional uses under the new PC District Regulations. The development proposal (see Figure B in the Staff report) involves substantial re-grading of the existing Employment Pari< and consolidation of lots 1-3 and 12-24 of the original subdivision and vacation of some of the existing streets. Vacation WPC F:~OME\Pl..ANNING'307.112 (Rev. __ 19. 1m) ~ /P't.t T Page 5, Item~ Meeting Date 11/24/92 of existing streets includes the easterly 810 feet of Paseo Del Rey, the westerly 1,500 feet of Tierra Del Rey and the westerly 410 feet of Plaza Court. The proposal also includes changing 360 feet of Avila Way from public right of way to a private street. The above mentioned reorganization would allow the creation of large parcels suitable for major retail store buildings such as Home Depot, K-Mart and the Price Club. Other smaller parcels will be retained from the original subdivision or created as part of the proposed resubdivision to accommodate complimentary retail commercial service and entertainment uses (see figures 81- 85 in the staff report). The project also includes the abandonment of an existing open space public access easement located at the northwest end of Plaza Court that presently connects the Rice Canyon open space trails with Plaza Court (see Figure C in the Staff report). The applicant will provide an easement across the easterly end of Lot 1 connecting Open Space Lot E with the new terminus of Plaza Court in lieu of the former access road. To accomplish the necessary regrading, minor boundary adjustments of fee title between the Employment Park and the City are also proposed for the northerly and southerly adjacent open space lots B, C, and E. 4. Master Commercial Center DeveloDment Plan As part of the proposed amendments, the Applicant is proposing a conceptual Master Development Plan to guide the arrangement of the three Major Users (see Figure B in the Staff report). The Master Plan identifies the general location of the buildings, the on-site vehicular circulation system, and parking and loading facilities, along with two small pads located on either side of the Avila Way entrance to the project. The conceptual site design of all the smaller parcels has not been incorporated in the proposed Master Development Plan. However, the revised design guidelines provide the necessary criteria to guide the development and design of these parcels. ANALYSIS 1. General Plan Amendment (Resolution) The proposed Commercial Center is consistent with the Chula Vista General Plan with respect to its goals for retail commercial development and in its goals to generally improve the City's economic base. Under the EI Rancho del Rey Specific Plan, adopted on November 12, 1985, the PC District Regulations listed a range of uses including office and service commercial, research and development, and some light manufacturing. In the WPC F:'liOMElPLANNING\307.92 (RoY. -. 19. 1_) ".~ Page 6, Item ) Y Meeting Date 11/24/92 subsequent update of the Chula Vista General Plan in 1989, the accompanying General Plan diagram shows the land use as Research and Limited Manufacturing. The Employment Park land uses are substantially consistent with the General Plan although the adopted Planned Community District Regulations list a number of commercial uses, which for the most part, were intended to support the light industrial uses. The General Plan's Goal No.2, Retail Commercial Development, identifies the Third Avenue Business Center, The Chula Vista Shopping Center and Broadway as major concentrations of retail commercial uses. The General Plan text indicates that these commercial areas fail to capture a proportionate share of the regional market. The particular stores being considered for the Commercial Center, including the Home Depot, which will be relocating from its existing location in the Terra Nova Shopping Center, fill special niches in the market and have demonstrated substantial success in attracting shoppers. This new Commercial Center and the existing neighborhood shopping centers in the eastem territories provide more convenient and diversified shopping areas for the City's eastern residents who presently drive to western Chula Vista or centers outside the City for the services and commodities offered by the proposed Commercial Center stores. Consequently, the proposed project meets the General Plan objective of providing commercial centers in developing areas convenient to new neighborhoods. The City contains a total of about 1900 acres of land zoned industrial most of which is located along the south and west jurisdictional boundaries and small enclaves within Eastlake I and Rancho Del Rey Planned Communities. Thirty-five percent of this land is presently vacant (671 ac.). The proposed change in land use designation represents a 3% reduction in land presently zoned industrial and about an 8% reduction in the available (vacant) industrial acreage within the City boundaries. This change also represents a reduction in professional and technical employment opportunities for the City's eastem residents. However, the eastern 30 acres (net) of the existing Employment Park which is proposed to remain, and the Eastlake I Employment Park, which is located about 2 miles east from the subject site, provide a combined total of about 90 acres of available industrial land and professional and technical employment opportunities. WPC F:\HOMElPlANNINGI307.92 <Rev. No.._ Ie. 1m) ~ jp..{, Page 7, Item--1..1.. Meeting Date 11/24/92 2. EI Rancho del Rev Soeclflc Plan . Commercial Center Amendment (Ordinance) (See Section 3) The proposed amendment consists of changes to the text and the Specific Plan Map (see Figure D in the staff report) and the Administrative Plan diagrams from EP (Employment Park) to EP and C (Commercial Center). The Specific Plan serves as the bridge between the General Plan and the RDR SPA I Plan. As such, it addresses in greater detail and specificity the developer's intent to provide a viable and attractive planned community. The Specific Plan is required to be consistent with the General Plan. The proposed amendment is intended to establish standards for commercial uses to be part of the Commercial Center and to maintain the standards for the remaining Employment Park uses. The SPA I Planned Community District Regulations and Design Guidelines address the issues of land use compatibility and provide specific measures to reduce impact on adjacent land uses, including separation from nearby residential areas by way of landscape buffers and open space physical separation, development standards to insure a higher level of aesthetic treatment, and by limiting direct access to East "H" Street. The performance standards have also been amended to reduce potential impacts on adjacent residential uses. 3. Rancho del Rev SPA I Plan Amendment (Resolution) (See Section 4) The proposed Rancho del Rey SPA I Plan amendment consists of text and graphics changes to allow for the three major retailers and support commercial to be incorporated into the existing employment park. The proposed SPA Plan diagram is modified to reflect the new designation of "Business Center" for the entire property which is to be further divided into a C district for the westerly 55 acres of commercial center, and an EP district for the remaining eastern employment park area (see Figure E in the Staff report). The particular issue areas are discussed below: a. Desion Influences The project setting is a terraced land area of approximately 84.5 (net) acres consisting of graded building lots stairstepping down from east to west and separated from adjacent land uses. To the north is continuous open space consisting of a branch of Rice Canyon, which varies in width and forms the WPC F:\HOMElPLANNINGI307.92 (Rev. _milo, 19. 1m) ~ ~-7 Page 8, Item ) 4 Meeting Date 11124/92 southern boundary of existing and future residential areas within the Rancho Del Rey SPA I Plan area. The principal feature to the south is East H Street, a major arterial street which is designated as a Scenic Roadway in the Chula Vista General Plan. Beyond East H Street is additional open space with hills sloping up to existing residential development to the south. A major feature of this scenic roadway is the open space which, with its varying slopes and landscaping, creates a scenic buffer between the street and the project. In addition to views down onto the site from surrounding areas, the site itself affords views of the adjacent canyon and slopes and views of San Diego Bay and beyond to the west. Another important design influence is the already established mediterranean architectural theme used for the residential component of the Rancho Del Rey Planned Community. The developer has proposed that this same theme be followed in the proposed Commercial Center. Staff has analyzed the project in terms of its impact on adjacent land uses and the influences of existing conditions on the project. Of particular concern are the visual aspects of the development when viewed from adjacent residential areas and from East H Street (see Figure F in the staff report). While Rice Canyon provides physical separation from existing and planned housing to the north, the width of the open space is not sufficient to obviate the need for careful design treatment of the proposed Commercial Center structures. However, attention to articulation of building elements to visually reduce the impact of their size and mass (see Figures G & H in the staff report), screening of roof mounted equipment and screening of service areas such as truck loading, outdoor storage and large expanses of parking, have been prescribed in the Design Guidelines amendment. The reconfiguration of the land parcels, the re-grading, vacation of certain interior streets and the construction of three large freestanding buildings with their related open parking areas will create a much different appearance from the smaller users anticipated under the employment park designation. Staff concludes that through techniques such as design review, earth berming, landscaping, attention to parking lot design and control of exterior lighting and signage the proposed development can exist harmoniously with present and future surroundings and will respect the already established architectural theme, open space and scenic highway qualities of the area. WPC F:\HOMElPl.ANNING\307.!12 (RoY. _, 19,1992) .fiFf (, ,V Page 9, Item / I.f Meeting Date 11/24/92 b. Circulation and Traffic The Final Supplemental Environmental Impact Report identifies a total of 44,592 total daily automobile trips to be generated by the proposed Commercial Center, whereas 18,700 ADT had been allowed for the previous land uses covering the same acreage. The study determined that with improvements to the existing intersections consisting of added lanes and additional signals along with deceleration lanes on westbound East H Street, the additional traffic can be accommodated at levels of service within the Growth Management Threshold Standards. A more detailed analysis of the traffic generation and the circulation design is included in the FSEIR. 1) Sianalization at Avila Wav. Staff supports an intersection at Avila Way which will permit dual left-turn only lanes from eastbound East H Street with no left-turn out of Avila Way onto East H Street. Staff has determined that the benefits generated by this limited configuration in easing demand on the intersections of East H Street at Paseo Del Rey and Tierra del Rey compensate for the resulting slight reduction of speed on East H Street for westbound traffic. In addition, traffic signals and expanded intersection geometries will be required at the intersections of Paseo del Rey and Plaza Court and at the intersection of Tierra Del Rey and the entry drive at major C. The addition of the left-turn-in signal at Avila Way will substantially reduce the time to load traffic on and off the site. 2) Internal Circulation. An added traffic issue is the adequacy of internal circulation. With the vacation of the existing on-site dedicated streets, travel between the east and west ends of the overall site will be provided by way of private driveways. The proposed master site plan provides for a three-lane driveway across parking lots serving Majors Band C. This driveway will have significant cross traffic including vehicles, pedestrians, and shopping carts occurring at numerous locations. In addition to the frequent points of conflict, the internal driveways have a number of steep grades which pose additional safety concerns. The traffic study performed as part of the SEIR identified 5 percent of the trips on East H Street adjacent to the site as originating and terminating within the Business Center. It is important that improvements be made to the internal circulation system during the Design Review process to permit trips to be contained on-site rather than be diverted to East H Street. 3) Pedestrian Circulation. The SEIR has identified a need for safe pedestrian walkways between buildings and bus stops to be located WPC F:\HOME\Pl.ANNING\307.92 (Rev. _r 19, 1992> ~ 6-'7 Page 10, Item ) ~ Meeting Date 11/24/92 on East H Street. During site plan review of individual projects, additional pedestrian walkways will be required to be provided to encourage shoppers to walk between buildings and to access bus stops without walking in parking lot drive aisles wherever possible. 4) Bicvcle Circulation. Bicycle use will be encouraged as an alternate transportation mode, especially for employees and casual shoppers. A SEIR mitigation will require bicycle racks to be installed on all commercial sites. A related bicycle traffic issue is the interruption of the striped on-street bike lane on the north side of East H Street due to the introduction of right turn deceleration lanes over a substantial portion of the frontage on East H Street commencing east of Tierra del Rey and terminating at Paseo del Rey. The construction of this traffic lane will change the bike lane to a bike route upon which bicycle and decelerating vehicular traffic will be required to share the lane. This interruption of the bikeway is significant in that East H Street is part of the city-wide Bicycle Plan as shown in the General Plan. In order to minimize the extent to which automobile and bicycle traffic are required to share the same lane, the total length of deceleration lanes should be reduced to a minimum consistent with the shortest length necessary to permit safe vehicle access to the site. 5) Traffic Stackina. The specific locations of access to the major users' sites provide limited distances for stacking vehicles leaving and entering the Commercial Center. As a result of the concern raised over this issue, the traffic consultant for the SEIR performed a number of supplemental studies to verify the mitigations in the environmental document with respect to number of lanes, necessary time to load and unload the site and to address issues of internal circulation. The consultant's conclusions were that the SEIR mitigations adequately address the increased traffic to levels of service required by the Growth Management Thresholds. The studies further indicated that, despite a slight reduction of average speed on East "H" Street, a traffic signal allowing eastbound traffic to enter the site at Avila Way will improve the performance of the intersections at Paseo del Rey and Tierra del Rey sufficiently to justify the third partially signalized intersection. Additional recommendations made by the traffic consultant regarding improvements to on-site circulation to reduce potential cross traffic conflicts and reducing the grades at several locations can be addressed on a project by project basis at the Precise Plan stage of development review. WPC F:'HOMElPLANNING\307.112 (Rev. _111, 1m) ~ (,...10 Page 11, Item / If Meeting Date 11/24/92 6) Cumulative Traffic ImDacts. At the Planning Commission hearing on the draft EIR, the Commission requested further information regarding the cumulative traffic impacts of this project, along with other pending and approved projects which are likely to be built prior to the construction of SR-125. Attached is a memorandum from the City Engineer which provides additional information on this matter, and describes current City efforts to address cumulative traffic impacts in Eastern Chula Vista (See Attachment A to staff report). It should also be noted that staff has included conditions in both tentative maps which ensure that the project will be consistent with the Eastem Chula Vista Transportation Phasing Plan and the growth management threshold standards for traffic (Conditions IX.B, IX.N, X.B, and X.V of Council resolu1ion). Minor revisions have been made to these conditions following review by the Planning Commission to provide the City with greater flexibility in the enforcement of these conditions. c. Noise The SEIR states that noise generated by vehicular traffic on East H Street, already significant under current conditions, will be increased by development of the Commercial Center. Areas already impacted by 65 Community Noise Equivalent Level (CNEL) on existing streets in eastem Chula Vista will be expanded as a result of the additional traffic generated. The SEIR also states that there is no feasible mitigation to reduce these impacts to insignificance. For a more detailed explanation of exact locations which will experience these increased noise impacts and their specific levels, see the appropriate section of the SEIA. Specific feasible mitigation of site-generated noise impacts on residential areas is possible within the project itself through the use of sound walls, where necessary, and orientation of service areas to shield on-site activities. The amended Planned Community District Regulations specifically address maximum permitted noise levels at various times of day and night. Additional measures will be required to control specific noise sources such as those associated with delivery vehicles, exterior public address or paging systems, etc. If delivery vehicles service businesses during the night, or early morning hours, special requirements may be imposed to limit noise emissions particularly with respect to their impact on adjacent residential uses. An additional reduction of noise will result from the change from Employment Park standards to those for the Commercial Center. Under commercial use standards in the amended Planned Community District WPC F:\HOME\PlANNINGI307.1112 (Rev. No.._ 19, 11192) /,-1/ ~ Page 12, Item ) 4 Meeting Date 11/24/92 Regulations, allowable exterior noise levels for site generated noise are lowered from 70 dBA to 65 dBA during normal business hours and from 70 dBA to 60 dBA during night time hours. This represents a significant reduction in maximum permitted noise levels under existing plans. d. Police Protection Concem has been expressed that the increased land use intensity may lead to an increase in criminal activity. The potential for sale and use of drugs, and increased auto theft and burglary have been mentioned specifically by the public. The Chula Vista Police Department has not expressed concern that the project would create special or unusual problems which would distinguish it from other commercial centers. In the site plan approval process, attention shall be given to security issues such as adequate lighting of parking areas and pedestrian walkways as well as levels of illumination at activity areas associated with buildings. e. Fire Protection The project site is currently within the service area of Fire Station No. 4 located at 861 Otay Lakes Road and Station No.2 located at 80 East J Street. The original EIR (EIR-87-1) for Rancho del Rey SPA I gave the response times for either station as between 2 and 3 minutes. A response time of four minutes or less is considered acceptable. The Fire Marshal has commented that access to the Commercial Center appears to be adequate. Site plans for individual buildings will be reviewed for specifics relating to access, fire hydrants and similar fire protection items. 4. Rancho Del Rev Planned Community District Reaulatlons. (Ordinance) (See Section 5) The major modification of the existing document is a new Chapter (IX.1) containing General Commercial development objectives, development regulations, performance standards and permitted land uses for the newly created Commercial Center component of the Business Center. (See Figure I in the staff report.) Whereas certain retail distribution uses such as Price Club and Home Depot can be allowed by conditional use permit (CUP) in the EP-1 B Zone of the Employment Park, the existing Planned Community District Regulations generally limit the retail uses to support and service commercial. Under the proposed new Business Center Amendment, the three major discount retail stores as well as undesignated WPC F:'liOMElPl..ANNING\307.112 (Rev. No..._19, 1m) ~ (p.. I ')... Page 13, Item.1.L Meeting Date 11/24/92 commercial uses such as restaurants, recreational facilities, movie theaters and other retail activities would be permitted uses in the newly created C-1 district. The project site presently contains a 30,000 sq.ft. bowling alley located at the end of Lazo Court, and plans have been approved for an automobile service center and car wash for the property located at the southwest comer of Paseo del Rey and Plaza Court. Both of these uses were permitted by CUP under the Employment Park Development Regulations and will remain as such in the new Commercial Center Development Regulations. The proposed Property Development Standards for the new Commercial Center establish required building setbacks, maximum building height, lot coverage, parking requirements, etc. to ensure the proper adaptation of buildings with the site and appropriate interrelationships with visually sensitive areas such as Rice Canyon, East H Street and surrounding residential neighborhoods. The proposed regulations establish a 60 foot building setback along East H Street except for a 40 foot setback for Lots 4, 7 and 8. This building setback along East H Street will maintain an effective landscape buffer and preserve the scenic highway qualities of East H Street. In addition, the PC District Regulations include language limiting the development of lot 1 of subdivision 92-05 and lots 1 & 3 of subdivision 93-01 to single user buildings with a minimum retail floor area of 100,000 sq.ft. 5. Business Center Deslon Guidelines (Resolution) (See Section 6) The EIR identifies significant aesthetic impacts, and suggests that specific design guidelines addressing the views, light and glare, large building masses, screening, etc., be prepared to reduce the impact of large buildings and expanses of parking on surrounding residential neighborhoods. The Applicant has revised the Employment Center Design Guidelines to include the proposed Commercial Center component. However, since the site will be occupied by both the Commercial Center and the remaining portion of the existing Employment Park, the name of the facility has been changed to Business Center to include all of the combined properties. The revised Design Guidelines address the Commercial Center site planning and architectural design, and provide criteria for the design of business identification signs, screening methods, canyon edge treatment, parking screening, site lighting, etc. The existing design guidelines for the Employment Park component of the new Business Center will remain unchanged except for deletion and clarificationa WPC F:'HOMElPlANNING\307.!12 (Rev. _, 19, 1_~ Page 14, Item J '-I Meeting Date 11124/92 of text to distinguish between guidelines applicable to the Commercial Center and the Employment Park. On September 21,1992, the DRC endorsed the proposed draft guidelines and offered some suggestions and changes which have been incorporated in the document (see Section 6 in your notebook). Several specific requirements identified by staff and the DRC which have not been incorporated into the Design Guidelines relating to specific parcels and to pedestrian walkways are listed as Conditions of Approval of the new Design Guidelines in the Council Resolution in Section 2 of your notebook. These items relate to the provision of pedestrian walkways interconnecting all buildings in the Commercial Center and the buildings with bus stops. Also, specifically required is that all three "Major" buildings be a minimum of 100,000 square feet in floor area and that they be occupied by single users. 6. Commercial Center Amendment to Public Facilities Flnanclna Plan for Rancho del Rev SPA's I. II. III (Resolution) (See Section 8) The proposed Commercial Center Amendment to the Rancho del Rey SPA's I, II, and III Public Facilities Financing Plan is an update of the current PFFP for these areas of Rancho del Rey. The Plan, last amended on January 15, 1991, is intended to identify all of the public facilities required to support the planned development of the three sectional planning areas. The plan further identifies needed public facilities and Rancho del Rey's share of the cost to construct the listed improvements. In establishing the project's share of costs, the Plan proposes specific financing programs to facilitate construction of the necessary improvements. The PFFP, initially approved in October 1987, requires periodic updating as development phases and their related facilities are built out. To that end, the Plan has been amended twice previously in July 1989 and, most recently, January 15, 1991 by the City Council. The purpose of the proposed PFFP Amendment is to address modifications to needed public improvements which are required as a result of approving the proposed changes associated with the Commercial Center Amendment to the Rancho del Rey SPA I Plan. The proposed amendment provides new information to modify existing tables contained within the existing Plan to reflect the modified character of the new Commercial Center proposal and to identify the new land areas, Transportation Development Impact Fee obligations, and funding sources for specific required improvements. Also identified is the scope of the changes resulting from the proposed project. WPC F:\HOMElPlANNING\307.!12 (_. __ 19, 1Wo1) ~ IP"J\{ Page 15, Item I 'f Meeting Date 11/24/92 7. Rancho del Rev SPA I Commercial Center Air Quality ImDrovement Plan (Resolution) (See Section 8) There is an adopted Air Quality Improvement Plan for SPA's II and III of Rancho del Rey, but such a plan was not required when SPA I was adopted. The Plan, which is attached hereto as Section 8 in your notebook, discusses generalized measures intended to improve air quality at the project level and in the San Diego Air Basin. The Air Quality Improvement Plan includes specific controls relating to construction operations, educational material distribution to area homeowners, energy conservation practices, inclusion of bicycle racks and the provision of safe pedestrian access to transit facilities. The Plan also states that the project applicant and Mure employers of the commercial uses within the Rancho del Rey SPA I Plan areas shall comply with the City of Chula Vista Transportation Demand Management (TDM) Program, when established, and all applicable rules and regulations of the San Diego Air Pollution Control District and the San Diego Association of Governments including the Transportation Control Measure (TCM) Plan as it is implemented. While the specific on-site measures recommended, such as facilitation of bicycle and transit use, appear relatively insignificant given the scale of the air quality problem, these strategies, taken together with car and van pooling and increased emphasis on locating housing and jobs in close proximity, will provide incentives for behavior modification to help lessen our dependency on the automobile which is the major contributor to air quality degradation in the San Diego area. The Mitigation Monitoring Program for the Commercial Center will ensure that the specific mitigations called for in the AQIP will be carried out. 8. Rancho del Rev SPA I Commercial Center Water Conservation Plan (Resolution) (See Section 9) The Water Conservation Plan identifies a potential water savings of 38 percent for the Commercial Center using recommended conservation methodologies over the anticipated water usage without conservation. In addition, as a result of the anticipated difference between industrial and commercial uses, the Commercial Center is expected to use 32 percent less water than would Employment Park uses irrespective of water conservation efforts. The Plan describes specific techniques to reduce water usage, including the use of low-water use fixtures and appliances, installation of plant materials which use less water and irrigation systems designed to minimize water usage. The developer is also the agent for distribution of educational materials to instill the WPC F:'HOME\PLANNING\307.92 (Rev. _ 18, 11192) ,,.~ Page 16, ltem-1!:L Meeting Date 11/24/92 tenets of water, conservation to area residents and tenants and owners within the Commercial Center. The Mitigation Monitoring Program for the Commercial Center will ensure that the specific mitigations called for in the WCP will be carried out. 9. Tentative MaDS and Street Name Chanae (Resolution) As part of the Commercial Center Amendment to the Rancho del Rey SPA I Plan, two Tentative Maps (Chula Vista Tracts 92-05 and 93-01) have been submitted for approval. These two maps together contain the necessary changes in re-platting, regrading, and relocation of utilities to accommodate the uses proposed in the Project. Also included is the vacation and abandonment of existing public streets within the eastem-most of the two maps (93-01). In addition, the maps show changes to the boundaries which will involve a land swap of 0.43 acres with adjacent open space parcels. In the case of Tract 92-05, an access easement from Plaza Court to Open Space Lot E is included. As a separate action, a street name change affecting a portion of Plaza Amena, renaming it to Tierra del Rey, is proposed. 10. DeveloDment Aareement and ImDlementina Aareements (Ordinance) (See Section 10) The project has been conditioned to require that a Development Agreement or Public Facility Financing Agreement (PFFA) be approved by Council prior to any building permits being issued for the property in question. A Development Agreement is herein submitted to Council covering all of the project site except Parcel C (Price Club). A separate Development Agreement or Public Facility Financing Agreement (PFFA) will need to be approved for Parcel C. The purpose of the proposed Development Agreement is to provide the developer assurances regarding vested land use entitlements and fees in return for specified assurances and benefits to the City. The Development Agreement outlines terms applicable to the developer and general terms that would apply to the two major retailers (Parcels A and B). In order for a Development Agreement/PFFA to be exercised, an Implementing Agreement with at least one of the three major anchor retailers must be executed. Further an Implementing Agreement will be required of each of the major retailers prior to their pulling building permits. Each Implementing Agreement will address the specific terms negotiated by the City with each major retailer (in Price Club's case, the Development Agreement/PFFA and Implementing Agreement will be one and the same). The Implementing Agreements will specify performance criteria WPC F:~OME\Pl.ANNINGI307.112 (Rov. _, 18, 11182) ft ~ ,/j, to' 110 Page 17, Itemk Meeting Date 11/24/92 required of each retailer in return for any direct and/or indirect assistance from the City. The City is presently negotiating with Price Club, Kmart and Home Depot to finalize their respective Implementing Agreements. (Note that Home Depot and Kmart have signed Purchase Agreements with the applicant. Price Club is currently finalizing their deal points.) No Implementing Agreements are being submitted with this agenda statement. Summarized below are the key components of the proposed Development Agreement with the applicant, and the key components of the Implementing Agreements with each of the three anchor retailers. A. Development Agreement City Requirements: 1. Financial Performance The proposed Planned Community District Regulations require that the three major retailer lots be developed for single user retailers of a minimum of 100,000 square feet each. This is to ensure that the users be of a regional or subregional nature. Additionally, the Development Agreement defines major retailers acceptable to the City as high volume retail stores with a minimum of taxable sales and minimum average gross retail sales in Southern California. 2. Evidence of Financing The developer and each major retailer will be required to submit evidence of construction financing acceptable to the City prior to the Development Agreement and Implementing Agreements becoming effective. 3. Use Covenant The developer and its successors covenant to use the property exclusively as provided for in Applicable Standards for a minimum number of years, and to rebuild the project should it be damaged or destroyed within that period. 4. Operating Covenants The individual major retailers will be required to operate their new H Street stores for a minimum of 10 years or to incur respective penalties as defined by the City. WPC F:\HOMElPlANNING\307.!12 (Rev. _, 19, 1m) It; '7 I "/ 4/ Page 18, Item.J..::L Meeting Date 11/24/92 5. Existing Store Covenants In the event that one or more of the three anchor retailers is opening a second Chula Vista store, the applicable Implementing Agreement will provide assurances pertaining to keeping the original location open and operating for a defined period of time. 6. Phasing of Improvements The Development Agreement stipulates the following: Improvements on H Street at Paseo del Rey and on Paseo del Rey must be commenced prior to issuance of a building permit and completed prior to occupancy by "Major A" on the west end. Improvements on H Street at Avila Way and Tierra del Rey must be commenced prior to issuance of a building permit and completed prior to occupancy by either "Major B" or "C". If both "Majors B" and "C" precede "Major A", the "Major A" improvements must also be completed prior to occupancy by the second east-end anchor. 7. H Street Pad Development The Development Agreement requires development of at least one anchor retail store prior to development of either of the two pads fronting H Street. 8. Employment Outreach and Training The Development Agreement and Implementing Agreements will require the developer and/or retailers to provide a proactive approach to recruiting, training, and hiring employees from the local community. This must include a significant effort to work with local education and training providers with a goal of hiring Chula Vista residents on a priority basis. 9. The developer will pay attomey fees incurred by the City relating to preparation of the Development Agreement and Implementing Agreements. City Assistance: 1. Land Use Term (Vesting) The developer is vested with the right to develop the project for five (5) years. Land uses will not be modified during this vesting period. WPC F:\HOME\PlANNING\307.!12 (Rev. _r 19, 19112) _ J~/ ..If- ~ 1ff Page 19, Item.J..:L Meeting Date 11/24/92 2. Fees (Vesting) Transportation Development Impact Fees are vested for the Major Retailers and support commercial which are uses currently allowed by right or by C.U.P. under the existing Employment Par1uoning and which have .prepaid" via an Assessment District. However, the property will be subject to a proportional share of the project related improvements which will be included in the citywide TDIF program. Traffic Signal Fees are also vested. Additionally, the 3 Major Retailers are exempted from future TDIF programs. 3. Abandoned Right-of-Way Approximately 5.3 acres of abandoned streets will revert to the developer at no cost to the developer. Of this, .56 acres would otherwise revert to the City because the property is adjacent to City- owned open space. 4. Indirect Benefits Indirect benefits are passed on to the retailers as a result of the terms outlined above. B. Implementing Agreements As indicated neaotiations are on-aoina with Price Club, Home Depot and Kmart. The general terms of each Draft Implementing Agreement are summarized here: Price Club (Development Agreement or PFFAllmplementing Agreement) City Requirements: 1. Price Club will open the new store within 18 months of gaining title. 2. Price Club will covenant to operate the new store for a minimum of ten (10) years. 3. Price Club will covenant to upgrade the existing Broadway store and to operate same for a minimum of eight years. 4. Price Club will advance the City up to $1.7 million funds for construction of public improvements (which are the responsibility of the developer). WPC F:'l-i0ME\PLANNING\307.92 (Rev. __ 19, 1992) ~~-/1' Page 20, ltem~ Meeting Date 11/24/92 5. The developer will reduce the land sales price to PJice Club by the amount of funds "loaned" by Price Club to the City for public improvements, as well as contribute an additional $700,000 to Price Club to pay for Assessment District liens. City Assistance: 1. The City will reimburse Price Club for the public improvements "loan" over a period of 10 years from new sales tax receipts generated by the center. 2. The City will reimburse Price Club $192,000 in DIF fees (paid at building permit issuance) over a period of 10 years from new sales tax receipts generated by the center. 3. The City will provide the developer an additional $835,000 in assistance for constructing offsite public improvements. (McMillin will reimburse the city this amount in the event Price Club does not close escrow.) Home DeDot City Requirements: 1. The City has requested the right to approve the Terra Nova Center replacement tenant; Home Depot has indicated an unwillingness to agree to this term. (Note: Attachment C to this A-113 provides the existing Development Standards for the Terra Nova Center, outlining allowable uses.) 2. Home Depot will open the H Street store within 18 months of gaining title. 3. Home Depot will operate its new store for a minimum of 10 years. In the event the store closes during the 10 year period, the City will receive payment in compensation for lost revenues equal to $75,000 for each year of early closure. City Assistance: No direct financial assistance is being provided; indirect assistance is provided via the assistance to the project developer. WPC F:'IiOME\PIANNINGI307.!12 (RoY. Novombor 1e. 'f1Q2)~ lo ~ J.,D Page 21, Item ) ~ Meeting Date 11/24/92 Kmart City Requirements: 1. Kmart will open the H Street store within 18 months of gaining title. 2. Kmart will covenant to operate the existing store for 10 years. 3. Kmart will covenant to operate the H Street store for 10 years. 4. Should Kmart close either the existing or the new store during the 10 year period, the unpaid DIF balance (see #1 below) will be immediately due with interest. City Assistance: 1. The City will permit Kmart to pay the Transportation Development Impact Fee (DIF) over a period of 10 years. FISCAL AND ECONOMIC IMPACT (See "Fiscal Impacts", page 3.5-1 through 3.5-15, within the FSEIR "Impact Analysis," Section 3.0; See "Economic Impact Analysis" within the FSEIR, Response to Comments, Appendix B.) 1. FSEIR Fiscal Analvsis The FSEIR contains a section entitled "Fiscal Impacts" which is a costlbenefit analysis of the proposed project as compared to the currently approved Business Park uses. The analysis, conducted by John McTighe & Associates, considers all non-enterprise fund operating costs and revenues that may be directly attributable to the project. The study looked at short and long term costs, notably public works, police and animal regulation, and fire protection. The study also looked at short and long term revenues and identified revenues generated from property taxes, sales and use taxes, franchise taxes, property transfer fees, business licenses and investment earnings. Tables 12-15 of the Fiscal Impact Report, shown below, summarize Costs to the City, Revenues to the City, and Annual Net ImDact of both the existing and proposed land uses. (Table 14 breaks down Sales Tax Revenues by source.) As Illustrated In Table 15 (page 23), the FSEIR's Fiscal Analysis concludes that the proposed commercial center will generate $2.34 million In annual net new revenues to the City ($2.1 million more than the "existing plan" which would generate $227,565). WPC F:\HOMElPl.ANNING\307.112 <_. _milo, 19, 1992) ~-.2{ Page 22, Item I 4- Meeting Date 11/24/92 DErARTMENTJAcnvrfV EDn'lNG PROPOSED DIn'ERENCE PLAN PLAN P\JBllC WORKS Street)'a;ftUftaftN' $14.755 $33.657 $18,912 Street Sweepins $1.751 51,001 ($'ISO) StreetTree).l_iftt_-- $3.582 $2.047 ($1~35) T .5,f5L Lt. MaiDtenance $5.903 $3.373 $(2.530) Tmnc OpeBtiOns $5,169 $11,798 $6.629 SUB-TOTAL PUBUC WORKS $31,149 $51.875 $20,726 POUCE AND ANIMAL REGtJU.110N $94.932 $125,378 $30..... FIRE PROTEC110N $30.713 ISI,118 $20,475 TOTAL COST TO CI1Y $156,797 $221,441 $71,648 TABLE 12 SUMMUV or ON-GOING ANNUAL crry COST INCREMENTS RESULTING "OM DEVELOPMENT or RANCHO DEL BY COMMERCIAL CENTER (IN CONSTANT 1M2 $) REVENUE SOURCE EXlSl'lNG PLAN PROPOSED PLAN DIn'ERENCE ($) GENERAL FUND Property Taxes $77,938 $72,8>46 (SS,()9l) Sa1ca and Use $71,174 $2,253.002 $2.18'.128 Franc:hiK Taxa;. $16,223 $16,223 0 Property TlUlfcr $29,463 $27 ~39 ($1.925) UtilityUscn $154,242 $35,867 ($118.376) Buin_ ucmaes $20.730 $20.730 0 myCIIbDca &min.. $13,889 $142,855 $128,966 TOTAL REVENVE TO CI1Y $314,359 '1,569,061 .1,1....701 TABLE 13 ANNUAL OPERATING REVENUE (IN '''2 $) WPC F:\HOME\Pl..ANNING\307.!12 (Rev. -, 19, 1_) ~h"'}"l Page 23, Item / ~ Meeting Date 11/24/92 T.uLE 14 T AXAILE SALIS AND CITY SAUS TAX UVENUE SAlLS TAX RELATED TO, T AXAILE SALIS TOTAL ANNUAL ANNUAL CITY SAUS PElt SQUAIIE I'OOT T AXA.BLE SALES TAX 1IEVENtJE Major "A" 1510 163.892,100 S631,9Z8 Major "B-1" 8250 826,951.<00 S269~lS Mljor''B.2'' 81S0 83, 7SO.ooo S37 ~OO Major"C" 8110S 8104,6S<),ooo 81.046,SOO Other Recail $150 $13.721 AOO $137,2J4 Fast Food Reltaurant 8200 S9OO,ooo 89.000 Entertaimnenl/RcaationJRctail 8100 $11,4340500 $114.345 I TOTAL I I sm_1 $1,253,002 I TABLE IS PROJECTED ANNUAL OPERATING REVENUES AND EXPENDITURES (In CoDStanll992$) ANNUAL ANNUAL ANNUAL REVENUE! REVENUE COST NET COST RATIO IMPACT Existing Plan $384,360 $156.794 $227,56S 2.45 Proposed Plan $2,569.062 $228.442 $2,340,620 11.25 2. Economic Impact Analvsls The City commissioned Williams Kuebelbeck and Associates (WKA) to undertake a study to further refine the Fiscal Analysis by evaluating market factors and potential impacts of the proposed shopping center upon existing Chula Vista businesses. The study's methodology involved five steps: 1) identification of potentially competitive stores, 2) identification of market areas for existing competitors and for the proposed stores, and areas of overlap, 3) analysis of existing store market capture rates, 4) projection of demand for the proposed stores based upon future growth, and 5) projection of transfer of sales. Key competitors were identified by WKA as Home Base (Broadway), Builders Emporium (Third Avenue), the existing Kmart (Third Avenue), two Target stores (Broadway and Fourth Avenue), and the existing Price Club. However, the two businesses determined to be most likely impacted are the existing Kmart and Price Club, The study closely analyzes the Kmart and Price Club market areas and potential market overlaps. WPC F:'/'iOME\PLANNING\307.112 (RoY. Novombo, 19. 1992) ~ 6~~ Page 24, Item.l!:L Meeting Date 11/24/92 In terms of potential impacts on existing business, WKA concludes that the proposed center is not projected to "adversely affect any existing businesses to the point where there would be blighted conditions through economic dislocation, deterioration or disuse. If any business should close upon the center's opening, it would probably be attributed to their specific financial and economical condition and not to the center's opening." In terms of revenues, the study makes downward adjustments to the EIR sales projections for each of the three major retailers, based upon both respective capture rate and transfer of sales analyses. The study also accounts for a reduction of sales anticipated from the Terra Nova Center, based upon an average replacement tenant for Home Depot. The results of these analyses and adjustments are shown in Summary Table 2 of the WKA study which is duplicated below. The WKA study reduces first year projected sales taxes from the three anchor retailers from $1.95 million (per the EIR) to $825,000 (growing to closa to $1 million In Year 5). This reduces the First Year Total Annual Net Revenues to the City from $2.34 million to $1.21 million. SUMMARV TABLE 2 NET SALES TAX REVENUES TO crrv FROM PROPOSED RANCHO DEL REV CENTER (III n........ .r 1J92 $)' USER YIWt. YIWt 3 YEAR, YEAR II HOME DBf'OT em.. N_ Store SaIet S584 S598 - $62" PI_: ReplecmleIII __I ., WIUa, .1o~ $102 1214 S220 S237 I...I: Loa Mold Itore $0191 $516 SS34 "'iB Net Sales Tax to City $195 $296 $294 $295 ./CAW'T em.. N_ S10re SaIet '271 S277 S2I2 S291 IM.: Ov.tlppiDa aiel lit e&iItiq ItOreI Sol> S43 ... .... Net s.Ieo Tu to City $229 $234 $231 $245 rlUCB CW. an.. PriIMry MnIt .v. w. .." S500 1'17 S>S4 t-: Ov......... aM .. ..... __, sm S%U S221 S24. PhIl: NCIIt-PriIMry MIrbt Ara W- S350 S36I S3IO .... NIIt W. Tu III N.... Skn $613 - 1670 S717 r... o..n.ppiac ... bolD MiItiai.__. sm S%U S221 .... Net s.Ieo Tu to City 1411 $423 $443 $472 TOTAL NEW TAXES $825 $953 $975 $1,012 '.... oe..... _,."........ '* to City. DroIIeot bib iII&o ACCIIIIIII ~.......... ill.. ........ 1M dRibutice ron..... '.........aaIy-.....,........,.....r.. " . __ ....... He.. DIpoL 'W. ill. O't'trIIppiDa .n. _ ...., apbnd ." ...... IIore. ~iDo._. ..' . ___ _ 101& rro. .... ..... Uady CIIUDtIId .. __ ..... ..... WPC F:'MOMElPLANNING\307.112 (1M. 110,,'-'8, ,_) - /11 I -<.fj (p.)...", Page 25, Item I ~ Meeting Date 11/24/92 The WKA analysis is very conservative in its approach, in essence estimating the "worst case scenario" regarding projected net revenues. To illustrate the range of projected revenues, a comparison of Year 1 net revenues based on three different sets of assumptions is provided below: YEAR 1 SCENARIO 1 SCENARIO 2 SCENARIO 3 Sales Tax Revenues Home Depot $195,000 $460,000 $584,000 Kmart 229,000 150,000 271,000 Price Club 401,000 700,000 825,000 Support Commercial 298,059 298,059 298,059 Sub-Total $1,123,059 $1,608,059 $1,978,059 Non Sales Tax Revenues 316,060 316,060 316,060 TOTAL REVENUES $1,439,119 $1,925,119 $2,294,119 Annual Costs (228,442) (228,442) (228,442) NET REVENUES TO CITY $1 ,210,677 $1,795,677 $2,065,677 Assumptions: Scenario 1 - Uses WKA numbers which net our potential market overlap with existing stores and deducts "lost" Terra Nova Home Depot sales. Very conservative analysis. Scenario 2 - Uses major retailers own "rule of thumb" projections. (Assumes Terra Nova Home Depot replacement generates a similar level of sales tax.) Scenario 3 - Uses WKA numbers before market transfers and Terra Nova store deductions. 3. Financial Assistance The Proposed Development Agreement does not commit the City to any financial assistance to the developer or retailers (other than the vesting of identified fees). The fiscal impacts of the proposed Implementing Agreements are as follows: a. Price Club Staff is recommending a sales tax rebate of up to $1,700,000. This rebate would come from net new revenueS generated by the project to be paid over a period of 10 years and would impact Year 1 net revenues as follows: WPC F:\HOME\Pl..ANNING\307.S12 (Rev. _r 19, 1~ "-.lr Page 26, Item--1..!L Meeting Date 11/24/92 Year 1 Revenues After Rebate Scenario 1 Scenario 2 Scenario 3 $1,210,677 $1,795,677 $2.065.677 (170,000) (170,000) (170.000) $1,040.677 $1 .625.677 $1 .895 ,677 USING THE SALES TAX PROJECTIONS PROVIDED BY THE MAJOR RETAILERS THEMSELVES (SCENARIO 2), AND DEDUCTING COSTS TO THE CITY AND THE $170,000 ANNUAL REBATE, NET ANNUAL REVENUES FOR YEARS 1, 5 AND 10 ARE AS FOLLOWS: YEAR 1 YEAR 5 YEAR 10 $1,625,677 $1,702,853 $1,921 ,535 Additionally, the three party agreement between the City, McMillin Company and Price Club is proposed to provide for assistance to McMillin in the amount of $835,000 for off-site improvements. Revenue sources include DIF credit, Traffic Signal credit and Gas Tax or S8300 funds. No General Fund monies would be used. b. Kmart The "cost" to the City of allowing payment of the $847,000 TDIF fee over ten years in terms of cost interest earnings is estimated at approximately $170,000. c. Home Depot No fiscal impact. 4. Job Creation The project EIR estimates that the proposed commercial project will generate 1224 jobs. The approved EP (Employment Park) designation is estimated to accommodate approximately 2875 employees. (The discrepancy between the two figures may be somewhat exaggerated due to the assumptions used in the analysis. For example, the EP projection is based upon average "business service industry" employees per square foot, not taking into consideration that warehouse retail and support commercial are already allowed under the current EP zoning, nor that a high proportion of EP industries could be non-labor intensive industries such as warehouse or assembly.) The project is required to work with local providers such as Southwestern College to promote training and hiring of local students and residents. WPC F~OME\~NING\307.S12 (Rov. No'.._, 19. 11192) ~ 1o"7Jo Page 27, Itemft Meeting Date 11/24/92 to work with local providers such as Southwestern College to promote training and hiring of local students and residents. H. RECOMMENDED FINDINGS Please see City Council Resolution and Council Ordinance in Section 2 of your Notebook. I. CONDITIONS OF APPROVAL Please see City Council Resolution and Council Ordinance in Section 2 of your Notebook. WPC F:\HOME\PlANNING\307.!12 <Rev. __, 19, 1992)~ ~-1. 7 ATTACHMENT '~" RANCHO DEL REY COMMERCIAL CENTER Traffic Related Questions & Answers Prepared by the City of Chula Vista 1. What conclusions does the project Environmental Impact Report (EIR) reach regarding traffic impacts of the proposed project? The Final EIR concludes that the project-generated traffic can be accommodated at levels of service within the standards utilized by the City based upon required improvements to impacted intersections and to East H Street adjacent to the project, and based upon traffic characteristics, as discussed below. 2. What is the traffic capacity of East H Street? The City's GeneraJ Plan provides a guideline capacity for East H Street between 1-805 and Otay Lakes Road of 50,000 vehicles per day (VPD). This guideline is basically used to plan the number of through lanes on major arterials. However, a more practica1 measure of the capacity of a six lane arterial such as East H Street is the level of services (LOS) of major intersections during a.m. and p.m. peak hours. Because it is possible to exceed the guideline capacity (in this case 50,000 VPD) and still provide acceptable levels of service, the intersection LOS measure is considered a key factor in determining traffic capacity. 3. Will traffic created by the proposed commercial center exceed East H Street capacity? The guideline capacity of 50,000 VPD would be exceeded on East H Street between 1-805 and Hidden Vista Drive, reaching up to 65,000 VPD. East H Street traffic from Hidden Vista Drive to Otay Lakes Road would reach 42,000 VPD. (Currently, there are approximately 32,000 VPD on this segment of H Street.) However, as discussed above, the LOS at key intersections are the "true measure" of capacity. Along these lines, the EIR fmds that the levels of service at East H Street intersections, including Hidden Vista Drive and the I-80S interchange, do not exceed the City's intersection peak hour LOS standards and are therefore acceptable. 4. How many new trips will the project generate? The proposed commercial center (including the bowling alley and the east end employment park) will generate 44,952 VPD as compared to 18,700 VPD which would have been generated by the approved employment (industrial) park. This indicates a gain of 26,252 VPD; however it is estimated that of the 44,952 VPD, approximately 16,865 trips are already on East H Street and Paseo del Rey and will take advantage of shopping at the new center. The remaining 28,087 VPD are "new" trips. Since the amount of new trips that would have been associated with the approved employment park plan is 18,700, the proposed commercial center actuaUy adds 9,387 new trips to the roadway system. ~~~! ~"7-~ ATTACHMENT '~" (continued) 5. Will the proposed project produce more traffic at peak hours than would the employment park? Commercial centers typically generate a smaller percentage of daily trips during peak hours than do business and industrial parks. City studies estimate that the proposed commercial center will generate 1100 fewer trillS during a.m. peak hours and 500 more trillS during p.m. peak hours. The table below compares trips during 24 hour periods and during peak hours between the existing and proposed land uses. New Daily Trips Number of Peak Hour Trips New Daily A.M. Peak P.M. Peak Trips A.M. Peak P.M. Peak Hours Hours Hours Hours Approved Employment Park (82 ac.) 12% 12% 18,700 2,250 Proposed Commercial Center Retail Commercial (55 ac.) 2% 9% 22,487 450 2,023 Employment Park (27 ac.) 12% 12% 5,600 672 672 TOTAL I I I 28,087 I 1,1221 2,6951 Most traffic to the proposed commercial center will occur between 10:00 a.m. and 2:00 p.m., and between 6:00 and 9:00 p.m. Shopping center traffic patterns can also differ from an employment park in terms of length and direction. In this case, the difference creates a more balanced flow of traffic based upon: 1) larger volumes of trips coming from residential neighborhoods to the east, and 2) reduced commuter type trips, replaced by shorter shopping trips. 6. How many of the 28,087 new trips will be added to streets serving the site? ,J The diagram below illustrates the distribution of the 28,087 new trips. This diagram shows that a maximum of 10,700 VPD will be added to East H Street directly in front of the center; this is the maximum impact on any street segment. Project Site 28,087 New Trips ~ East H Street ( New 10,700 ADT's Existing 33.100 Total 43,800 New Existing Total ; East H Street 10,700 ADT's 33.600 44,300 Pasco del Rey New Existing Total 6,700 ADT's 1..800 14,500 ~.z9" ATTACHMENT "A" (continued) 7. Will the project require physical improvements to East H Street? Yes. Several intersection improvements will be made. Additionally, the developer will be required to contribute its fair share to the City's Transponation Development Impact Fee (DIF) program to pay for transponation improvements to the circulation system throughout eastern Chula Vista. 8. Will the commercial center cause more traffic signals on H Street? The project proposes one additional signal at Avila Way. This signal would allow only left turns in and right turns in and out. There are currently eight (8) signals on East H Street between 1- 805 and Otay Lakes Road. Whether or not the commercial center is approved, a total of eleven (11) signals will be built per existing City plans. If the project is approved, this will increase to twelve (12). 9. Does the traffic analysis address the cumulative impacts of proposed projects that have not yet been approved? No. The impacts of traffic generated by the Salt Creek Ranch (phase I) and Telegraph Canyon Estates projects were not analyzed in the project's traffic studies. Independent City studies have concluded that there is insufficient capacity on East H Street and Telegraph Canyon Road near 1-805 to accommodate the cumulative trips of all three projects prior to construction of SR125. To ensure that the circulation system does not become overloaded, it will be nece"~ry to establish a phasing schedule which guarantees that the rate of development does not exceed circulation system capacity. Along these lines, an interim SR125 Feasibility Study is currently evaluating development phasing and potential system improvements in the eastern area (such as an interim roadway within the SR125 corridor, Orange Avenue extension, the addition of north/south street connectors and 1-805 interchange improvements). ,I C:\~I\DYE\aDRTRAF3.TEX kEV.llfl2192 ~ C, '30 ~ ATTACHMENT "B" =0 ~em eo.."'",IOCWd Augio Borono 8I_.J.D. G. Gordon 8r~. D.M.D. Jerry J. Gflffilh Mario N""eo-l'ormon JOJeph M. Conte $up<wlnlendont/PIesldent NOVEMBER 18, 1992 MS. CflEKYL DYE RCONOMIC D~VELOPMRNT MANAGER CHULA VISTA COMMUNITY DgVELOPMENT DEPARTMENT 276 FOURTH AVENUE CHUI.A VlSTA, CALIFORNIA 91910 DEAR MS. DYE: SOU~'HWRSTERN COLLEGE IS APPRECIATIVE OF TliE MC MILI,rN OF/:'ER TO SUB- SIDIZ~ STUDENT USB OP MASS TRANSIT B1 DONATING $20,000 PER YEAR POR TIlR FoE Y I!:AAS . IF THE FUNDS ME MADE AVAIJ.1>.RLE TO '!'IIE DTS'J.'HICT, 1'1' WOULD BE OUR INTENT TO OFF-SET THE COST OP MONTJ~Y STUDENT TR~SIT PASSES PURCI~ED BY SOUTHW~STERN COMMUNITY COLLEGB STUDENTS. OUR SPC:CIFIC PIAN WOULD BE TO CONTRIBUTE $25.00 PER MONTH, PER ELIGIBLE STUDF.NT, 'rOWARD THE PURCJfASE OF THE $47.00 MONTHLY PASS. 'I'HE EFF'RCT WOIitD BE TO SUBSIDIZE 80 STUDENTS FOR ONE ACADEMIC YF.M. WHIT,E THE IMPACT OF THE PLAN WOULD BE MINT.MAL, IT IS A FIRST $TRP. ... HOWlWER, TIiE DISTRICT DOFoS HAVE SOME ItESHRVATIOHS' IN '1'RAT THE l'ROPOS1>.'L ONI,Y LASTS FOR A PJ!RIOD OF THREI': YEARS, DURING A POR'rION OF 'l'IME THE IMPACT OF ~HE DEVKT~PMBNT PR~IECT WOUhD BE MINIMAL. THE D1STRICT IS CONCERNED ABOUT THB LONG '.rERM; WHAT HAPPRNS A'l' THE END OF THE 'l'HRF,E- YEAR PEIUOD? CERI!:LY, U~ I _~'-' VVlu ~""-^ I / ( JO EPH k. CON'l'E SU ~RINTENDENT/PR~SrDENT JMC'AR ~b-3/ 482-6301 . . I 900 Oloy Lakas Rood oOUo VlstQ. CA 91910. (619) 42l&II) ~AX (619)'42NJ346 . SouIhwor.Iem CoIM\UI~ty CoIege Dlsltlct rO'd tOO. oN 60:~t ~6'at ^ON 9~~O-I~~-6t9 :131 i J ATTACHMENT C . RECEIVED DEVELOPK:NT STANDARDS IY 'TERRA NOVA R.AZA CHULA VISTA, CALIFORNIA PROJECT NO. 8336.10 I OCT 1 G 12Sj PLANNING DEPARTMENi C,KtlLA VISTA, CALIFORNIA I. PU"DO~e The purpose of this chepter Is to provide stenderds for the development of e community shopping center loceted on 31 gross eeres et the southeest corner of the Intersection of Interstete 805 end Eest H Street. It Is the Intent of the developer thet the shoppIng center complIment the surroundIng resldentlel rea. Therefore, perking ereas wll I be 'endsceped to rei leve e berren eppeerence. SIgns ere prescribed In e specific sign progrem end wll I be designed to be hennonlous wIth the spenlsh colonlel erchltecture of the center, while stll I providing Identification of the meJor end minor tenents of the center. II. Pennltted Uses Principal permitted uses ere es follows: A. Supermarkets, drugstores, epparel stores. home Improvement stores, major B. Stores, shops end offices supplying commodities or performing services for residents of the cIty es e whole or the surrounding commulty such es depertment stores, speclelty shops, benks, business offices, end other flnenclal Institutions end personel service enterprises. C. Resfau~ants and similar enterprises. D. Cocktail lounges, nightclubs end theeters by Condltlonel Use Permit only. E. Bonaflde entlque shops, but not Including secondhend stores or Junk stores. F. Off-street perking lots. G. Drlve-thru resteurents, outdoor plent nurserIes. drlve-thru flnenclel I nst I tut Ions, H. Ch II d cere centers, pre-school use, Condltlonel Use Permit only. I. Veterlnerlen clinic <subject to provisions of Section 19.58.050). end pleygrounds by ~ fo.. ~']...- . .a J. AutomobIle service stations (subject to provisions of SectIon 19.58.280), tire, baTtery, accessory uses, provided that servIces bays do not face public streets or residentIal areas. Cer washes (subject to Section 19,58.060). These are authorized by COnditional Use Permit only. K. Business or technIcal schools Including photography, art, music and dance, among others. These are authorized by COnditional Use PermIt only. L. Medical, dental, chiropractic offIces, and the lIke, IncludIng clinics and emergency/surgIcal medical centers. M. Any other retail busIness or servIce establishment whIch the COIIInlsslon finds to be consistent with the purpose of these standards and whIch wll I not Impair the present or potential use of adjacent properties. N. Accessory -uses and building customarily appurtenant to a perm I Tted use. III. Heloht Reoulatlons No building shall exceed two stories or 35 feet In height except for archItectural tower element on Building 2 which shall not exceed 50 feet In heIght. IV. Area. lot Coverllge and Yard Reculrements The following minImum arell, lot coverage and yard requirements shall be observed, except as provIded In Section 19.16.060 and where Increased for condItional uses (setbacks In feet): Lot Area (sq. ft.): 5,000 " - Front Yard: 25 ft. (except nursery wall at Building 1) Side Yard: None, except when abuTtI ng an R district, then not less than 15 ft. Rear Yard: None V. Enclosures reculred for all uses - ExceDtlons: All uses shall be conducted wholly within e completely enclosed buildIng, except for outdoor restaurants, service stetlons, o1f- street parking and loading facilities, outdoor plent nurseries, and chlldrens' playgrounds In connection with a child care center or pre- school use and other open uses specified under Conditional Use Perm Its as determ lned by the PI annlng Comm Isslon. Permanent and temporary outs I de SIll es and dl spl ay shall be subject to the provisions of Section 19.58.370. ~b-:5.3 / ... j VI. lendscaDln~ The site shall be landscaped In conformance with the landscaping manual of the city, the approved site landscape plan. and approved by the d I rector of pi ann I ng. VII. Off-street Parkln9 end LoadIng Facilities: Off-street parking and loadIng fecll Itles are required for all uses. es provIded on the epproved specIfIc plen In eccordence with the CIty of Chule VIsta adopted perking stendards. V II f. Tresh Stor elle Areas: Tresh storege ereas shell be prov lded per the epproved speclf Ie plen. subject to the conditions of Section 19.58.340. IX. Outdoor Storage: Outdoor storege of merchendlse. IIIIIterlel or equIpment shell be perm I tted on I y when I nc I dentel to e perm Itted or IICcessory use loceted on the premIses. end provIded thet: Storege fences. plan. B. No outdoor storage of materIels or equipment shell be permItted to exceed to height greater then thet of eny enclosing well. fence or buIldIng. A. erea shel I be completely enclosed end screened by wells. or buIldings. end shell be pert of the epproved site X. Wall Rea ufrements: Zoning wal Is shal I be provided subject to the condItions In SectIon 19.58.360. ,; XI. Performance Standards: All uses shall be subject to InItial end continued oompl lance wIth the Performance Standards set forth In Chapter 19.66. XII.~ A. Installation - requIrements generally - sign permit required when: No person except a public offloer or ...ployee In performance of a public duty shall paste. post. paint. print, nell, teck, erect, pi aoe or otherw 158 festen eny sl gn, pennent or not I oe of eny kind, or ceuse the seme to be done, facing or visible fran e public street In the city except es provided hereIn end elsewhere In this title. To Insure oompllence with this section, a sign permit shall be required for eny sign except es provided herelnefter: Real estate signs, end subdivision signs. ~ (, / 31( ( ( B. ApplicaTion - conTenTS requIred - deTermInaTIon auThorITy _ appeal s: All sIgns requIring a sign permIt shall be submitted fer approval by The project architect and The zoning acnlnlstraTor, prior to Installation. The applIcation shall Indicate The size, location, desIgn color, IBthod of attachment, lighting and materials of all signs to be erected. The application shall al so oontal n suff Iclent Information On the arch Itecture, oolors and materIals of the building on the site, as Is necessary to determine compatibilIty of The sign to the approved sign program. In addition, the appl I cant shall submIt a color render I ng and/or pi! I nt sempl e boards or ch I ps and/or ectua I materials to be used on the sIgn. The zoning acblnlstrater shall determ I ne wheTher approval shall be granted fer any sl gn based On Its oonfermance wiTh The approved sign program and city Installation and electrIcal regulatIons and standards. C. Signs permItted by the approved sIgn program shall be subject to the regulations as set ferth In Sections 19.60.050, 19.60.060, 19.60.140, 19.60.160, 19.60.170, 19.60.180, 19.60.190, 19.60.200, 19.60.210, 19.60.220, 19.60.230, 19.60.290, 19.60.300, 19.60.330, 19.60.340, 19.60.350, 19.60.380, and 19.60.440. XI I I. Ma lor Entrance Design and construction of The major entrance opposite HIdden Vista DrIve shall be to the satisfaction of the City EngIneer and City Traffic EngIneer. XIV. Street Imorovements Design and reconstructIon of necessary curb, gutter and sidewalk on Eest H Street In proxImity to HIdden V Ista Drive to provide fer Three thru lanes'of traffic In each direction, bike lanes and double left turn I anes on each approach to Hidden V Ista Drive and the maJer shoppIng center entrance design and oonstructlon shall be subject to the approval of The City Engineer and City Traffic Engineer. XV. TraffIc Control Easement Traff Ic Control Easement at the meJer shoppl ng center entrance opposIte Hidden V Ista Drive shall be dedicated to the City. ~-:i'j I 6- .. .... .,........,..~..........._...... ,..1.:& ... jf::.,'....... . .~.~~::" ~ t. .1 ~~ ( i : i i -C ~i. 5: . .... .. ;:!- i.;I!! .alli ooii0 0::'- 010 ~~ U~ g~ C N C - c... ~ ~ ~ s- ~ ORDINANCE NO. 2 5 35 .s'~C'Ot1tb ORDINANCE OF THE CITY COUNCll.. OF THE CITY OF -9~b~1'\ CHULA VISTA CERTIFYING THE FINAL SUPPLEMENTAL ~. ENVIRONMENTAL IMPACT REPORT (FSEIR 92-(2) FOR -1t1tb THE RANCHO DEL REY COMMERCIAL CENTER PROJECI'; 4ba AMENDING ON CONDrnONS THE EL RANCHO DEL REY ~J/O/fl SPECIFIC PLAN; AMENDING ON CONDrnONS THE PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE COMMERCIAL CENTER AREA OF THE BUSINESS CENTER OF THE RANCHO DEL REY SPA I AREA; ADOPTING A DEVELOPMENT AGREEMENT; MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THE ZONING CODE INCLUDING THE GROWTH MANAGEMENT ORDINANCE; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS. I. Recitals A. Notebook. WHEREAS, this ordinance makes reference to a three ring notebook ("Notebook") which notebook is entitled "Rancho Del Rey Commercial Center Project" and is dated October, 1992 ("Notebook"), the original of which is on file in the Office of the City Clerk of the City of Chula Vista as Document No. , which Notebook contains various documents in clearly marked and tabbed sections ("Section(s)") which will be referenced herein by the notation "Notebook Section _"; and, B. Project Site. WHEREAS, the area of land which is subject of this ordinance is diagrammatically present Attachment D (Attachments A through C omitted), attached hereto and incorporated herein by reference; is identified and described on ChuIa Vista Tracts 88-2 as Lots 1 through 24, inclusive; is commonly known as Rancho del Rey Business (amended hereby to be referred to as the "Commercial") Center; and for the purpose of general description herein consists of approximately SS acres located within the existing Rancho del Rey Employment Park which Park is located north of East H Street, approximately one and one-half miles east of Interstate 80S and one mile west of Otay Lakes Road and bordered on the north by . branch of Rice Canyon ("Project Site"); and, p,_""""""\nIronI2...... _19.19'12 ~-37 OIdIE_DoI..,- ....~ ....1 " Y /9~ ~d-t ~cl~ ~ C. Project. WHEREAS, a person having control over all or a portion of the eIopment of the Project Site, to-wit: the Rancho del Rey Partnership ("Developer") has ed to the City for approval of the following project ("Project"): to change the land use plan (f various associated entitlements for the Project Site from employment park to a com center in order to accommodate three large discount retail users and unspecified com . supporting uses all of which is more specifically described in Section 2.0 "Project ptioo" of the document entitled "Final Supplemental Environmental Impact Report . Ranch Rey Commercial Center" (FSEIR 92-02) prepared by Robert Bcin, William Frost" . (RBF) and dated October 5, 1992 ("FSEIR") (Reference to "Project" herein references the 'ect description contained in the FSEIR and which takes precedent to any inconsistenc'with other descriptions or reference to the project herein contained.); and, I. Public Facilities Financing Plan. D. Current Plan Approvals. WHEREAS, on December 15,1987, the ty Council, by Resolution No. 13392, adopted the Rancho del Rey SPAS I, II and III Pub c Facilities Financing Plan ("Original PFFP"), and thereafter in July, 1989, first amended . Original PFFP by Resolution No. ,and thereafter on January IS, 1991, second amended sai Original PFFP by Resolution No. ; and as so amended is replicated in Notebook Section 7 and entitled "City of Chula Vista Rancho del Rey SPAs I, II, & III Public Facilities Financi Plan, October 1987, Amended July 1989, with Amendments as Adopted by City Council on uary IS, 1991" ("Compiled Existing RDR PFFP") 1. General Development Plan vel; Specific Plan E. Current Entitlements. WHEREAS, the City of Chul Vista City Council on August 8, 1978 (Ordinance No. 1824) has given approval to the El cho del Rey Specific Plan creating a planned community. Ordinance No. 1824 was am ded by the City Council on November 12,1985 by Ordinance No. 2130 ("Current Specific P. "); and, 2. SPA I Plan. WHEREAS, the City uncil on December 15, 1987 by Resolution No. 13390 has previously given approval for e Rancho del Rey Sectional Planning Area I Plan by Resolution 13391, which was amen by Resolution No. 15763011 August 7, 1990, Ordinance 2487 on November 9, 1991 (commu 'ty purpose facilities), and by Ordinance 2501011 April 22, 1992 (design guidelines for signs in employment park) ("Current SPA I Plan"); and, p:--.oy-.wp _19.1992 0nI aE ___ Del .,. r ..:.a c.cr .... 2 ~~?) 3. PC District Regulations. WHEREAS, the City Council of Chula Vista adopted Planned Community District Regulations by Ordinance No. 2244 On December 15, 1987, amended by Ordinance 2487 On November 9, 1991 (community pUlpOse facilities), and by Ordinance 2501 on April 22, 1992 (design guidelines for signs in employment park) ("Current PC District Regulations"); and, 4. Design Guidelines. WHEREAS, the City Council of Chula Vista adopted El Rancho del Rey Employment Park Design Guidelines by Resolution No. 13443 on February 2, 1988, amended by Ordinance No. 2244 on December 15, 1987, and by Ordinance 2501 on April 22, 1992 (design guidelines for signs in employment park) ("Current Design Guidelines"); and, 5. Subdivision WHEREAS, the City Council approved Chula Vista Tract 88-2 by Resolution 13444 on February 2, 1988, subdividing an approximate 84.5 acres of land into 39 lots which incJuded the 24 lots in current area of the Project Site; and, F. Applications for New Entitlements 1. Land Use Matters. WHEREAS, on July 8, 1992, the Developer filed applications for General Plan amendment, amendment of the El Rancho Del Rey Specific Plan, amendment of the Business Center area of the El Rancho Del Rey Sectiona! Planning Area I Plan, including Design Guidelines for the Commercia! Center area of the new Business Center ("Business Center Design Guidelines"), amendment of the Planned Community District Regulations for the Commercia! Center area of the Business Center of the El Rancho Del Rey Employment Park (now referred to as Business Center); and in conjunction therewith needs to obtain approval of the City Council of the Commercia! Center Air Qua1ity Improvement Plan; the Commercia! Center Water Conservation Plan; and the Commercia! Center amendment of the Rancho Del Rey Spas I, IT &. m Public Facilities Financing Plan and a Development Agreement (all of which may jointly be referred to herein as "Entitlement Applications"); and, 2. Subdivision Maps. WHEREAS, the Developer filed two duly verified applications for resubdivision of portions of the Project Site in the form of tentative subdivision maps known as Rancho del Rey Business Center, Chula Vista Tracts No. 92~ ("West End Subdivision Application") on June 21, 1992 for resubdivision of 21.85 acres, and No. 93-01 ("East End Subdivision Application") on August 17, 1992 for resubdivision of 37.58 acres ("Subdivision Applications" , p:_-.oyInln>nD...,. _.9.1992 o.IRE_DoI..,.- .J.I~ .... 3 t'~1 ~ jointly), with the City of Chula Vista; and, G. Planning Commission Record on Applications WHEREAS, a public hearing on the Entitlement Applications and Subdivision Applications was duly noticed before the Planning Commission at the meeting of October 14, 1992, and at that time the meeting was continued to October 19, 28, and November 18,1992; and, WHEREAS, the Planning Commission, at a public hearing held on November 18, 1992 considered the Entitlement Applications and Subdivision Applications, took evidence as set forth in the record of its proceedings which and are incorporated herein by reference as if they were set forth in full, made certain findings as set forth in their Recommending Resolution PCM-92- 16, and recommended to the City Council the approval of said Entitlement Applications and Subdivision Applications based on certain terms and conditions; and, WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on November 24, 1992 on the Entitlement and Subdivision Applications, and to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same; and, H. Entitlements Resolution. WHEREAS, at the City Council meeting of November 24, 1992, the City Council of the City of Chula Vista adopted Resolution No. by which they amended the City's General Plan, the Current SPA I Plan including new Business Center Design Guidelines, approved two tentative maps, amended the Compiled Existing RDR PFFP, and approved an Air Quality Improvement Plan and Water Conservation Plan, among other things ("Entitlements Resolution"); NOW, THEREFORE, the City of Chula Vista does hereby ordain as follows: II. Planning Commission record. The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Draft SEIR, held on September 9, 1992 and their public hearing on this Project held on November 18, 1992, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. m. FSEIR Contents. The FSEIR consists of the following: P:_-"InIrmI2."P _\9.1992 0.1 e __ Dol'" - .JoI c... .... 4 ~ (P/\f'O A. .Final Supplemental Environmental Impact Repon - Ranch del Rey Commercial Center. (EIR 92-(2) prepared by Robert &in, William Frost &. Associates (RBF) and dated October 5, 1992 SCH # 92051032, which contains the Draft Supplemental Environmental Impact Report (.DSEIR") distributed date July 21, 1992, revised to reflect responses made to comments on the DSEIR, and the comments and responses to the DSEIR; and B. Appendices (A through D) to Final Supplemental Environmental Impact Report. C. Technical studies and information incorporated in the responses to comment. IV. FSEIR Reviewed and Considered. The City Council of the City of Chula Vista has reviewed, analyzed and considered FSEIR 92-02, the environmental impacts therein identified for this Project; the Candidate CEQA Findings attached as Attachment A to the Entitlements Resolution, the proposed mitigation measures contained therein, the Mitigation Monitoring and Reporting Program attached as Attachment B to the Entitlement Resolution, and the Statement of Overriding Considerations which is attached as Attachment C to the Entitlements Resolution prior to approving the Project. V. Certification of Compliance with CEQA. The City Council does hereby find that FSEIR 92-2, the Candidate CEQA Findings, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations are prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. VI. Independent Judgment of City Council The City Council finds that the FSEIR reflects the independent judgement of the City of Chula Vista City Council. VII. Conditional Adoption of the (New) Specific Plan Amendment. The Current Specific Plan is amended and the contents of Notebook Section 3 (.E) Rancho del Rey Specific Plan, Business Center Amendment.), incorporated herein by reference, constitute the specific plan for the 2,377 acres known as the Rancho del Rey development shown on Exhibit A ("Proposed Specific Plan") to Notebook Section 3 (.Amended (New) RDR SP"), subject to the General Conditions hereinbelow set forth. VIII. Conditional Amendment of (New) Planned Community District Regulations. The Current PC District Regulations are hereby amended and the contents of Notebook Section 5 ("Rancho Del Rey SPA I Planned Community District Regulations"), incorporated . p, _-...,.InItonI2...,. _19.1992 0nI aE _ Dol'" ~ .al c-,. .... 5 "- 'II ~ herein by reference, constitute the planned community district regulations ("Amended (New) RDR SPA I PC District Regs") for the Commercial Center area (approximately SS acres) of the 822.3 acres of land shown on Exhibit 2 ("Proposed General Development Plan") to Notebook Section 4 subject to the General Conditions hereinbelow set forth, and with the following condition: Modify the Business Center PC District Regulations for Lot 1 of Subdivision 92-05 and Lots 1 and 3 of Subdivision 93-01 to contain the fOllowing development llandards: Minimum building size shall be 100,000 square feet and shall be occupied by a single user. IX. Conditional Approval of Development Agreement The contents of Notebook Section 10 ("Rancho Del Rey Business Center Development Agreement"), incorporated herein by reference, constitute the development agreement for the Rancho Del Rey Business Center, which is hereby approved and adopted, subject to the General Conditions hereinbelow set forth, and subject to such procedural and administrative modifications that may be made thereto with the approval of the City Manager and City Attorney. X. General Conditions of Approval. The approval of the foregoing entitlements which are stated to be conditioned on "General Conditions. are hereby conditioned on the occurrence of the General Conditions as set forth in Section XIV of the Entitlements Resolution. XI. Consequence of Failure of Conditions. If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XII. Finding of Consistency with the General Plan. The City Council hereby finds that the Project, including but not limited to the adoption of the General Plan Amendment, the Amended (New) RDR SPA I Plan, the Maps, the Compiled RDR PFFP, as amended by said Commercial Center Amendment to RDR PFFP, the Air Quality Improvement Plan and the Water Conservation Plan, and the Development Agreement is and will be consistent with the general plan as adopted by the Entitlements Resolution based on the reasons set forth in Section XVI of the Entitlements Resolution. xm. Development Agreement Finding of Consistency with the Specific Plan. p,--..,._."I' _1'.1991 OIdIE_DoIIoy- .o.a~ .... 6 ~ uJ~).. Pursuant to Government Code Section 65867.5, the City Council hereby finds that the Development Agreement is consistent with the proposed E1 Rancho Del Rey Specific Plan as amended by this Entitlements Ordinance. XIV. CEQA Findings, Mitigation Monitoring Program, and Statement of Overriding Considerations. A. Adoption of Findings. The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the "Findings of Fact Re Proposed Rancho Del Rey Commercial Center" attached as Attachment A to the Entitlements Resolution. B. Certain Mitigation Measures Feasible and Adop~. As more fully identified and set forth in the master EIR for the Rancho del Rey SPA I (EIR-87-QI) and the supplemental environmental document (EIR-92-Q2) and in the CEQA Findings for this project, which is attached as Attachment A to the Entitlements Resolution, the Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible and will become binding upon the entity (such as the project proponent, the City, or the school district) assigned thereby to implement same. C. Infeasibility of Alternatives. As is also no~ in the above referenced environmental documents described in the above subparagraph B, alternatives to the project which were identified as potentially feasible in the EIR were found not to be feasible except the Site Plan Alternative which is hereby rejec~ because the Project, as mitigated, already reduces the impact on traffic to a level of less than significance. D Adoption of Mitigation Monitoring and Reporting Program. As required by the Public Resources Code Section 21081.6, the City Council hereby adopts Mitigation Monitoring and Reporting Program ("Program") set forth in Attachment B the Entitlements Resolution incorporated herein by reference as set forth in full. The Coullcil hereby finds that the Program is designed to ensure that during project implementation the pmnitteelproject applicant and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings and the Program. P,-~_.wp _19.1992 cw n..., Del"" - ..aI o..r ...7 '-1f.3 ~ E. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and any feasible -alternatives, certain significant or potentially significant environmental effects caused by the project or cumulatively will remain. 'Ibelefore, the City Council of the City of Chula Vista hereby issues, pursuant to CEQA Guideline Section 15093, a Statement of Overriding Considerations if the form let forth in Attachment C attached to the Entitlements Resolution and incorporated herein as if set forth in full, identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. XV. Notice of Determination The Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this project to ensure that a Notice of Determination, together with a copy of this resolution, its exhibits, and all resolutions passed by the City Council in connection with this project, is filed with the County Clerk of the County of San Diego. (end of page.) p,_-..ey\nlrar1l2.wp _19.1992 OIdIE_DoIIoy~ .....~ .... . ~ .' XVI. Invalidity; Automatic revocation It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. XVII. Effective Date This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Robert A. Leiter Director of Planning Bruce Boogaard City Attorney P'-~_."P _19,1992 ONItE_Dd..,.'- ..ioI~ .... 9 t..-rJ- ~ . ATTACHMENT D Ii I' ' ! h! I! 1:1 .'1 "1' ,d,! '.,. .!I'I 1''' I~..I . ...- I :.., . I I I : 1 ,. - It: I , .. . , V I. I J III ~ . . ... '" c ~ ... '\ '" & ) ~b () a:' "'0 . "'~ CN Z' <(Co , . :z:'" I II: uoe '" w - ............. r-i:."'-a. ~ Z "'- .. w \ u ~ c \ u II: W I 2 2 0 . p ~ , . ",/ /'" " . '" \ / : '-\ ". '. ',: -.. " . I ! ! , , ! -1:1::111 'Ii i Iii " i :;;;.ii i. i I I 1 I J I; II II n II 1.11 n !lltn 111.11'1 Ilsc'''1 ...il I (,/~ ~ INFORMATION MEMORANDUM November 24, 1992 TO: The Honorable Mayor and City Council VIA: John D. Goss, City Manager Chris Salomone, Community Development Dinx;tor L_S. FROM: SUBJECT: Rancho del Rey Commercial Center - Updated Items for November 24 Public Hearing INFORMATIONAL: Attachment A Letter from Southwestern College regarding job training for Chula Vista residen ts. Attachment B Second page of Chula Vista EDC Minutes (insert as last page of Section 11). DEVELOPMENT AGREEMENT-RELATED MODIFICA TIONS/ ADDITIONS: The following modifications relating to the proposed Development Agreement have been made subsequent to Planning Commission action on November 18, 1992: Revised General Conditions of Auproval. Council Resolution. Section XIV.C.. (pa!!e 17) " Attachment C This section has been modified from the language verbally (and by memorandum) presented by staff to the Planning Commission on November 18, 1992 to read as currently contained in the Development Agreement before you. The language presented on November 18 and the current language is shown on Attachment C. The modification was made to: (a) clarify the intent, and (b) allow for a Public Facility Financing Agreement and/or Development Agreement on Parcel C (price Club). Revised DeveloDment A!!reement Provisions Attachment D Section 7.1 This section has been rewritten to clarify the intent of the terms presented verbally (and by memorandum) by staff to the Planning Commission on November 18 concerning Transportation Development Impact Fees (TDIF) as relates to: (a) the three Major Retailers, (2) "Permitted Uses" (uses b-'I7 The Honorable Mayor and City Council -2- November 24, 1992 Attachment E Attachment F Attachment G Attachment H Attachment I currently allowed by right or by C.U.P.), and (3) all other uses (Le., uses not currently allowed), and as relates to vesting of Traffic Signal Fees. The only substantive change is the clarification that "non major" permitted uses are subiect to future TDIF fees. Section 7.5 This section is revised to reflect the exemption of the three Major Retailers from future TDIF fees as provided for in Section 7.1. Exhibit 3 This Exhibit has been renamed "List of Required Street Improvements." Vested fees have been deleted from Exhibit 3 as they are now covered by the text in Sections 7.1 and 7.5. Section" d" identifies required traffic signals and is revised to: (a) add Tierra del Rey and East H Street, (b) indicate a modification to Paseo del Rey and East H Street (which already exists), and (c) delete "Avila Way and East H Street", leaving "Partial signal at East H Street and Avila". [Note: Page 18 of the Development Agreement has been revised to reflect the Exhibit's new title.] New Provision Regarding TriD Deferral Reouirement " New language is added to the proposed Development Agreement to provide for deferral of trips. This language, per se, was not reviewed by the Planning Commission; however, it is consistent with both General Condition "N" in the Council Resolution and the FSEIR Mitigation Measures as approved by the Planning Commission. Development Agreement Exhibit No. la/Proposed Site Map The proposed Site Map is Attachment H. Development Agreement Exhibit No. 2/Legal Description The legal description of the property covered by the Development Agreement (all 55 acres excluding Parcel C) is Attachment I. b~lff The Honorable Mayor and City Council -3- November 24, 1992 Attachment J Development Agreement Exhibit No. 4/City's Estoopel Certificate This document will be executed by the City when all the Conditions to Effectiveness listed in Article 3 of the Development Agreement have been complied with. Revised Conditional Amendment of (New) Planned Communitv District Regulations. Council Ordinance. Section vrn. ("age 5) Attachment K Section VIII has been revised to prohibit outdoor paging/public address systems applicable to entire project site. [C,\WP51 \COUNCILIMEMOS\INFO-21.MEM] ,; b.. 1/1 Nov 19.92 16:15 No.019 P.02 '."" <<>> ~E/'n ATTACHMENT "A" Qov....1ng load IV.JgIte Baron<> llil BIonic. J.D. G. Goroon 8/c:>III.ring. DM.D. JellY J. Griffith MOllo Nowos-Perman November Jooop/\ M. Conto ~adnlendonTJl'retldCnl 17, 1992 HII. Constance Byreun McMillin Companies 2727 Hoover Avenue National City, CA 91950 Dear Constance: This is to confirm that I have been in communioation with representatives from the Price club, K-Hart and Home Depot. They have all expressed atrong interest in working with Southwestern college in the recruitment and training of new employees for their companies. I have already had one meetinq with Kathy Niehihira from the Price Club, and expect to meet with Jim Lyons from Home Depot and Kevin Tweed from I'\-Mart in the near future. I appreoiate your efforts in getting us together. I will keep you informed of our progress. Sincerely, ,; '1Y)CL^-<-{ MaX'y Myl , Dean Economic Development & Customized Training MW/bg C.\Doc.\__.<\B1%_.U<I_1 900 OIoy Laka Rood .ctUoVlsta. CA 91910. (619)<121-6700 FAX(619)421-1189. SouIh\oIesIern Commuri1yCOltego DIstrict (,..~ 1""' I ,- EDC Minutes October 7, 1992 Page 5 VOTE ON MOTION The motion passed by the following: ATTACHMENT "B" AYES: Allen, Compton, Davis, Johnson, Peter NOES: None ABSENT: Lopez, Maslak ABSTAIN: LoBue, Tuchscher Member LoBue made the following motion: MS (LoBue/Johnson) to communicate to Council the EDC's concern that there is not enough adequate industrially zoned availahle land for future opportunities for industrial development. The motion failed by the following: AYES: Allen, Johnson, LoBue, Peter NOES: Davis, Tuchscher, Compton ABSENT: Maslak, Lopez Member LoBue made the following motion: MSC (LoBue/Johnson) the EDC acknowledge their general concern regarding adequate industrially zoned property but that it not be communicated in the Rancho del Rey staff report (7-0-2, Lopez, Maslak absent). b. Business Executive Round Table c. Set up of BioTech Subcommittee - William Tuchscher ,/ . Member Tuchscher noted that he would like to start a BioTech Subcommittee of which he will be chair. MSC (Tuchscher/Allen) to set up a BioTech Subcommittee (7-0-2, Lopez, Maslak absent). 6. ORAL COMMUNICATIONS - None 7. MEMBERS' COMMENTS Tbe Commission agreed to reimburse Member Lopez $20 for BIA (Building Industry) meeting. 8. ANNOUNCEMENTS - None ADJOURNMENT at 1:55 p.m. to the regularly scheduled meeting of Wednesday, November 4, 1992 at 12:oonoon in the Council Conference Room. 0l~h Alice Kemp, Recording sec~ A:\SEPT .M~ t... 5') ATTACHMENT C REVISED GENERAL CONDITIONS OF APPROVAL, COUNCIL RESOLUTION, SECTION XIV.C., (page 17) Section XIV.C., Development and One Implementation Agreements Reached. (Page 17) A. Language reviewed by Planning Commission, November 18, 1992 No building permits shall be issued on the Project Site until the Development Agreement iii,iillliiiiiliil~.i!ii,~'~~~~ii,ii~,1 and Major Retailer ("Implementation Agreement"), as contemplated by ~im~r Development Agreement has been executed by the City and said Major Retailer in a foriiiiicCeptable to the City, and approved by the City Council. No building permits shall be issued on any portion of the Project Site to which an Implementation Agreement is applicable (M;~jqr$!Ail!i!(~q~) until said Implementation Agreement, in a form acceptable to the City has been' executed by the parties thereto. B. Revised Language as Currently Contained in the Development Agreement Section XIV.C., Development Agreement/Public Facility Financing Agreement and one Implementing Agreement Reached No bl!jldi)1g permits shall be issued for any portion of the Project Site until all of the following have been complied with: 1. A development agreement or a public facilities financing agreement pertaining to said portion of the Project Site has been executed by City and the Owner of said portion of the Project Site; and 2. At least one Implementing Agreement between City and a Major Retailer has been executed by City and the Major Retailer for a portion of the Project Site which is subject to a development agreement or a public facilities financing agreement. No building permits for a major retail use shall be issued until an Implementing Agreement between the Major Retailer and City has been executed by City and the applicable Major Retailer. [C:IWP51 IDYEIATI ACH-B.TXT]e '..-S:2 .....p'>-..._-_. -:.:,:,: " _"n~" ...".. UIL.'-'V ~I:JU"t ATTACHMENT "0" 1 ARTICLB 7. 2 DBVBLOPllEJIT IMPACT ~EE8 3 4 The followinq development impact fee proqram is hereby 5 established for the Property. 6 7.1 DeveloDment ImD8ct Fee Pavments. Two Assessment 7 Districts (Assessment Districts 87-1 and 88-2) (the "Assessment 8 Districts") have been formed includinq the Property for the purpose 9 of financinq certain pUblic improvements which would otherwise be 10 financed by DIF fees. Developer, i~s successors and assiqns are 11 obliqated to make the payments required by the Assessment Districts. 12 The cost of the improvements financed by the Assessment Districts 13 constitutes a credit aqainst the obliqation of Developer, its 14 successors and assigns to pay certain DIF ~ees. 15 For the duration of the Land Use Term the obliqation of 16 the Developer, its successors and assiqns to pay Traffic Siqnal Fees 17 and transportation DIF shall be as follows: 18 A. Maior Retailers. The Major Retailers shall pay 19 the DIF set forth in their respective Implementation Aqreement. No 20 new transportation DIF will be imposed on the Major Retailers for 21 the duration of the Land Use Term. 22 23 B. Permitted Uses. For purposes of this section 24 7.1 the "Permitted Uses" means those uses which were allowed on the property by riqht or by conditional use permit pursuant to the Rancho del Rey SPA I Planned Community District Requlations (the "SPA I Requlations") in effect as of November 1, 1992 and attached hereto and incorporated herein by this reference as Exhibit No.5. 25 26 27 28 S\A01341ZI.IIW6 ,m9Z . EGI-47835 -32- ~"SJ ....,~,_..-......- " 1 The Permitted Uses shall receive DIF credit for the improvements 2 financed by the Assessment Districts, which credit will be in an 3 amount equal to the Transportation DIF. 4 The Permitted Uses shall also pay a proportional 5 share of the cost to construct and install the street improvements 6 (the "Required street Improvements") necessary to facilitate 7 completion of the Project and set forth in the "Liet of Required 8 Street Improvements" attached hereto and incorporated herein as 9 Exhibit No.3. 10 The Permitted Uses shall be subject to any new DIF 11 imposed by City prior to receipt of a buildinq permit for the 12 particular parcel. 13 14 C. All other uses (the "Other All other Uses. 15 Uses"), consistinq of uses which are neither Major Retailers nor 16 Permitted Uses shall pay the DIF at the rate imposed on commercial 17 development minus any credit due to such uses tor the improvements 18 financed by the Assessment Districts. 19 All Other Uses shall also pay a proportional share of the , 20 cost to construct and install the Required Street Improvements and 21 shall be subject to any new DIF imposed by City prior to receipt of 22 a buildinq permit for the particular parcel. 23 24 D. Traffic Sianal Fees. For the duration of the 25 Land Use Term, the Traffic Siqnal Fee applicable to the Properties shall be vested at $10.00 per trip. 26 27 28 S\A013412S.11W6 11Z39Z . (GI-41835 -32-A '--Slf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 "" 18 19 20 21 ,; 22 23 24 25 26 27 i~ '~''''.'~~-'.''''''-'- ATTACHMENT "E" 7.5 New or Additional DIF Proarams. Subject to the limitations set forth in Section 7.1, nothing stated in this Development Agreement is intended to limit the city in its establishment of any new or additional DIF or related program, nor from replacing the DIF program with another program and applying the same to the Property. Any such new, additional or replacement program shall include such other land as would have a reasonable nexus to tne program. 7.6 Release From 1980 East H street Aareement. Subject to Developer's completion of Public Facility Improve- ment Nos. 1, 2 and 3 (the East H street extension) as required by the Public Facilities Plan, City hereby releases El Rancho del Rey Corporation, Developer and SPAs-I through III from all past, present and future obligations under the 1980 East "H" Street Agreement. In particular, but without limitation, it is intended that subject to the completion of Public Facility Improvement Nos. 1, 2 and 3, Developer and SPAs-I through III ;be released from any obligation to reimburse city pursuant to "the 1980 East H street Agreement. within thirty (30) days of Developer's written request after completion of Public Facility Improvement Nos. 1, 2 and 3, city shall record with the county Recorder of San Diego County a statement that the release herein stated is no longer conditional. Nothing stated herein is intended to imply any admission of liability by Developer under the 1980 East H street Agreement and Deve~oper expressly denies any such liability. S\A013412S.W6 112392 ~ Eae-41835 -34- ,-S5 .~,....~.,~.,---p_, 1 2 3 -. ..-.. -..,. ~,..."''-' '*!:IUU~ ATTACHMENT "F" EXHIBIT NO. 3 LIST OF REOUIRED STREET IMPROVEMENTS 4 Install the following street improvements to the satisfaction of the City Engineer. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,/ 22 23 24 25 26 27 28 5 A. East "Mil Street/P8.seo del Rev: Add second northbound e~clusive left turn lane, add northbound e~clusive right turn lane, add westbound e~clusive right turn lane, add second southbound e~clusive left turn lane, add second south- bound through lane, and add one eastbound e~clusive right turn lane. Retaining wall shall be incorporated into the design of improvements that require roadway widening. b. East "H" Street/Tierra del Rev: Add a south- bound e~clusive right turn lane, add a second southbound e~clusive left turn lane, and add a second eastbound e~clusive left turn lane. c. East "H" Street/Avila Way: Widen the south side of East "H" Street as required to provide for dual left turns into the project, provide a 28 foot wide raised median to the satisfaction of the City Engineer. Remove e~isting improvements as necessary. d. Widen East "H" Street to the satisfaction of the Ci~y Engineer and install trans amenities for a safe bus stop on both the north and south side of East "H" Street at the signalized intersection with paseo del Rey. Install the following traffic signals: (a) Tierra del Rey and East "H" street; , (b) paseo del Rey and Plaza Court; (c) Tierra del Rey and the entrance to Lot 3; (d) Partial signal at East "H" Street and Avila Way; <e) Modification to Signal at paseo del Rey and East "K" street. S\A013412S.N'116 112392 - EGI-4Ta:3S E~ibit 3 - Page 1 t,..SI. ATTACHMENT "G" NEW DEVELOPMENT AGREEMENT PROVISION REGARDING TRIP DEFERRAL REQUIREMENTS "Interim SR-125 Study: In order to insure compliance with the mitigation measures identified in EIR No. 92-02 and to satisfy conditions in the Tentative Maps concerning the results of the Interim SR -125 Study, Developer and City shall restrict the issuance of building permits for Neighborhoods R-6 and R-7 (a total of 391 P.M. peak trips, "Deferral Trips"), as shown on the SPA III Site Utilization Plan. Developer shall record, at the reasonable request of the City, a restriction on Neighborhoods R-6 and R-7 to insure compliance with the Tentative Map conditions. In the event that building permits issued for the Project result in the generation of trips in excess of the Deferral Trips, prior to the completion of the Interim SR-125 HNTB Study, then Developer and City shall mutually agree to restrict additional property under the control of the Developer for an amount not to exceed an additional 60 P.M. peak trips. As a result of the Deferral Trips, described herein, the Project shall be deemed to satisfy all conditions as they presently exist. [C:IWP51IDYEIATIACH-G.TXT] " ~-57 ~ ATTACHMENT "H" 0 EXHIBIT No. la <> ~ . g ~ ~ $! ~ ~ 0 VJ ~ 0 ... II I . - ./ ~ @ --' w -' ~ ~ <( 0 () @ en 0 W t;; W w en a:: ..... en VXO CI 0 OJ <( (j ?: m 0 n: @ 0 a:: --' . ~ 1:13 .oo.sr.L S @O) ~ t') b @ V 0 ~ 0 ... w II Ix> @ IX) @ w en @ en L5 ~ a:::: " <( .' @ to .....~ ,pI zz (;) -z 0_ a.. " w @ wOO @ ::>.... ~o @ .~~ ~ VJ o z t.,... stf -' n ~ 0 en n l"- f-.. in en CD Co .." N ('oj en l"- N 0 Co Co 0 n 0 en '" ('oj CD "- "! I"- ~ <'! .... 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'" f-... b '" lD ro '" ex> ex> ex> ex> ex> ex> <D ex> .... ex> CD ex> ex> .... ex> ex> '" ex> (J) Z (J) Z (J) (J) (J) (J) z (J) z z z (J) z (J) (J) z z z z (J) z z z (J) @@@@@@@@@@~@@@@@@@~@@@@@@@@@@@ -' 0 ~ Co '" n 0 I"- ~ Co l"- n N I() '" 0 ('oj Co N f-.. 0 f-.. 0 <0 ex> t<) 0 0> '" ~ "- "1 ex> 0 I"- "1 ex> ": ~ <D .... 0 ~ ('oj I"- ex> ~ t<) "1 "! q ('oj <D 0 ex> ex> ex> I() ('oj .... I"- 0 <D r-: ..j r<i '" r<i <D 0 ..j tri t<) t<) ..j '" ex> ..j ('oj t<) 0 tri r-: 0 tri ..j 0 '" ..j 0> <D IX) 0 ex> I() I'- ~ IX) '" t<) I'- ('oj N 0 N '" I'- IX) N .... I() I() N .... 0 0 t<) ~ t') IX) t<) N 'ffI ID t<) N t<) t') ~ N ~ ~ ('oj I() I() 'I ~ r-: I'- <D ~ <D I() 0 t') <D t') 1 .... 0> N ('oj ~ I- ~ ~ :;:: :;:: :;:: w w w w w w w w w w w w w w w w w w w w w w ~ , in , ~ , b b ~ in '-t- '-t- i-, ~ b b , ~ ~ b b b 1:> b , '-t- ~ i-, in ~ 1-- 0 '" ('oj <D 0 c:> !,O ? I() .... 0 !:0 ~ .... I() !,O t<) I() t') 0 ? I() I() 0 ? ? ? ? 0 I() t<) If) t') ('oj I z <D <D IX) I") N I"- in Co IX) N en <D <D <D f-.. N in 0 I() 0 I() I() :;,. N N t<) 0 N ir 0 t<) !:0 I() t<) 0 0 I") .... .... .... 0 .... ~ !:0 0 N 0 ('oj 0 ('oj N 0 N ~ .... N U i:5 '" '" Ix:> in in n f-... f-... lD lD in f-... 0, 0, b ~ b Ix:> ~ ~ ~ io io :.t- o, io n io in ro IX) <D I() N IX) l"- I'- I() If) CD <D I"- IX) IX) N N IX) I'- IX) ex> I'- I'- IX) IX) IX) I'- Z Z Z Z (J) Z (J) (J) (J) z (J) z z (J) (J) z Z Z Z Z Z Z Z (J) (J) <( I- <( @8e@G@88@e~~@@~@~@@@@@@@@@@@@@@ 0 t. - SJ' ATTACHMENT "I" EXHIBIT No.2 JOB NO. 192-035.5 REVISED: 11-19-92 LEGAL DESCRIPTION OF A PORTION OF TRACT NO. 88-2 AND TRACT NO. 88-1 THAT PORTION OF CHULA VISTA TRACT NO. 88-2, RANCHO DEL REY BUSINESS CENTER, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12267, FILED AS FILE NO. 88-611737 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30, 1988, AND THAT PORTION OF CHULA VISTA TRACT NO. 88-1, RANCHO DEL REY PHASE 5, UNIT NO.2, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12502, FILED AS FILE NO. 89-619507 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 15, 1989, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 OF SAID MAP NO. 12267; THENCE ALONG THE SOUTHERLY BOUNDARY OF LOT 2 OF SAID MAP NO. 12267, NORTH 82016'50" WEST, 186.50 FEET TO THE BEGINNING OF A TANGENT 1457.5 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE CONTINUING WESTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2 AND ALONG THE ARC OF SAID 1457.5 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 12006'05" A DISTANCE OF 307.84 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2, SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF LOT 1 OF SAID MAP NO. 12267, SAID CORNER ALSO BEING THE BEGINNING OF A COMPOUND 1907.5 FOOT RADIUS CURVE, CONCAVE NORTHEASTEI{i.Y;. A RADIAL TO SAID POINT BEARS SOUTH 19049'15" WEST; THENCE CONTINUING NORTHWESTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1 AND ALONG THE ARC OF SAID 1907.5 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 8031'59" A DISTANCE OF 284.08 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1 AND TANGENT TO SAID 1907.5 FOOT RADIUS CURVE, NORTH 61038'46" WEST, 153.79 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1 NORTH 55053'02" WEST, 579.53 FEET; THENCE ALONG THE NORTHWEST BOUNDARY OF SAID LOT 1 NORTH 25031'30" EAST, 113.80 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1 SOUTH 83002' 20" EAST, 381. 77 FEET; THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1 NORTH 77007'16" EAST, 296.11 FEET; THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1 SOUTH 77035'45" EAST, 30.68 FEET; THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1 SOUTH 56048' 54" EAST, 1 b../:,6 " 374.47 FEET; THENCE DEPARTING THE NORTHERLY BOUNDARY OF SAID LOT 1 SOUTH 56048'54" EAST, 25.03 FEET; THENCE NORTH 65.42'33" EAST, 323.32 FEET TO THE NORTHERLY BOUNDARY OF LOT 3 OF SAID MAP NO. 12267; THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID LOT 3 SOUTH 67"19'52" EAST, 3.25 FEET TO THE NORTHEAST CORNER OF SAID LOT 3, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 6 OF SAID MAP NO. 12267; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 6 NORTH 79006'30" EAST, 104.79 FEET; THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID LOT 6, NORTH 89046 '00" EAST, 122.80 FEET; THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID LOT 6 SOUTH 80016'06" EAST, 198.31 FEET; THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID LOT 6 SOUTH 21037'56" EAST, 74.32 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF PASEO DEL REY AS SHOWN ON SAID MAP NO. 12267, SAID POINT ALSO BEING ON THE ARC OF A NONTANGENT 236 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 21037'56" WEST; THENCE EASTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 20002' 56" A DISTANCE OF 82.58 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE AND TANGENT TO SAID 236 FOOT RADIUS CURVE NORTH 88025'00" EAST, 223.92 FEET TO THE BEGINNING OF A TANGENT 164 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE CONTINUING EASTERLY ALONG SAID RIGHT-OF-WAY LINE AND SAID 164 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 14000'00" A DISTANCE OF 40.07 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE AND TANGENT TO SAID 164 FOOT RADIUS CURVE NORTH 74025'00" EAST, 155.20 FEET TO THE BEGINNING OF A TANGENT 236 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE CONTINUING EASTERLY ALONG SAID RIGHT-OF-WAY AND SAID 236 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 14000'00" A DISTANCE OF 57.67 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE AND TANGENT TO SAID 236 FOOT RADIUS CURVE NORTH 88025'00" EAST, 120.00 FEET; THENCE DEPARTING SAID RIGHT-OF- WAY LINE NORTH 88025'00" EAST, 145.86 FEET; THENCE NORTH 74004'54" EAST, 104.88 FEET; THENCE NORTH 79022'32" EAST, 100.83 FEET; THENCE NORTH 88012'53" EAST, 139.50 FEET TO THE NORTHWEST CORNER OF LOT 14 OF SAID MAP NO. 12267; THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14, NORTH 83043' 15" EAST, 114.29 FEET; THENCE DEPARTING THE NORTHERLY BOUNDARY OF SAID LOT 14 SOUTH 88010'32" EAST, 239.49 FEET; THENCE SOUTH 75022'27" EAST, 86.74 FEET; THENCE SOUTH 0000'00" WEST, 354.93 FEET; THENCE NORTH 90000'00" EAST, 38.48 FEET; THENCE SOUTH 0000'00" WEST, 455.70 FEET; THENCE NORTH 86047'15" WEST, 258.19 FEET; THENCE SOUTH 0000'15" EAST, 21.33 FEET; THENCE SOUTH 89059'45" WEST, 21.27 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF AVIlA WAY AS SHOWN ON SAID MAP NO. 12267; 2 b~'1 THENCE ALONG SAID RIGHT-OF-\JAY LINE SOUTH 1020'00" EAST, 10.47 FEET TO THE BEGINNING OF A TANGENT 20 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID RIGHT-OF-\JAY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88040'15" A DISTANCE OF 30.95 FEET TO THE NORTHERLY RIGHT-OF-\JAY LINE OF EAST 'R' STREET AS SHOWN ON SAID MAP NO. 12267; THENCE ALONG SAID RIGHT-OF-\JAY LINE SOUTH 89059'45" \JEST, 106.99 FEET; THENCE DEPARTING FROM SAID RIGHT-OF-\JAY LINE NORTH 0000'15" \JEST, 40.06 FEET; THENCE SOUTH 89040'12" \JEST, 191.98 FEET; THENCE NORTH 86048'33" \JEST, 110.61 FEET; THENCE NORTH 69034'31" \JEST, 19.79 FEET TO THE SOUTHEAST CORNER OF LOT 11 OF SAID MAP NO. 12267, SAID CORNER ALSO BEING ON THE EASTERLY BOUNDARY OF PARCEL 2 AS SHOWN ON CITY OF CHUIA VISTA ADJUSTMENT PIAT NO. 91-8 AND IN DEED RECORDED FEBRUARY 28, 1991 AS FILE NO. 91-0086527 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL 2 NORTH 0026'43" EAST, 321.61 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 2 SOUTH 82037'37" \JEST, 274.62 FEET TO THE EASTERLY RIGHT-OF-\JAY LINE OF IAZO COURT AS SHOWN ON SAID MAP NO. 12267, SAID POINT ALSO BEING THE BEGINNING OF A NON- TANGENT 60 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 83013'49" EAST; THENCE WESTERLY ALONG SAID RIGHT-OF-\JAY LINE AND ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 2 THROUGH A CENTRAL ANGLE OF 146042' 00" A DISTANCE OF 153.62 FEET, A RADIAL TO SAID POINT BEARS SOUTH 63028'11" WEST; THENCE DEPARTING SAID RIGHT-OF-\JAY LINE AND ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 2, NORTH 85000'41" \JEST, 246.29 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2; ".3.'HENCE ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 2 SOUTH 4059'19" \JEST, 242.97 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID MAP NO. 12267; THENCE DEPARTING THE \JESTERLY BOUNDARY OF SAID PARCEL 2 AND ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 8 SOUTH 61031'37" \JEST, 56.72 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 8 NORTH 82016'50" \JEST, 170.00 FEET TO THE SOUTHEAST CORNER OF LOT 7 OF SAID MAP NO. 12267; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 7 NORTH 82016' 50" \JEST, 124.38 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 7 NORTH 40044' 46" \JEST, 98. 78 FEET TO THE EASTERLY RIGHT-OF-\JAY LINE OF PASEO DEL REY AS SHOWN ON SAID MAP NO. 12267; THENCE NORTH 82020'00" WEST, 46.00 FEET TO THE CENTERLINE OF SAID PASEO DEL REY; THENCE ALONG THE CENTERLINE OF PAS EO DEL REY SOUTH 7"40'00" \JEST, 3.23 FEET; THENCE NORTH 82020'00" WEST, 46.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4, SAID CORNER ALSO BEING ON THE \JESTERLY RIGHT-OF-\JAY LINE OF SAID PASEO DEL REY; 3 c,.. /'2.. . THENCE ALONG SAID RIGHT-OF-WAY LINE AND ALONG THE EASTERLY BOUNDARY OF SAID LOT 4 NORTH 7040'00" EAST, 167.09 FEET TO THE BEGINNING OF A TANGENT 20 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE AND ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 4 THROUGH A CENTRAL ANGLE OF 90020'00", A DISTANCE OF 31.53 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 4 AND ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF PLAZA COURT AS SHOWN ON SAID MAP NO. 12267 AND TANGENT TO SAID CURVE, NORTH 82040'00" WEST, 245.32 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 4 SOUTH 6031'16" WEST, 247.66 FEET TO THE POINT OF BEGINNING. ,,1 .' 4 t,..&3 11/24/92 14:42 ~714 955 9437 SMR&H 19J003 ATTACHMENT "J" EXHIBIT No. 4 RANCHO DEL REY COMMERCIAL CENTER CITY ESTOPPEL CERTIFICATE TO DEVELOPER THIS ESTOPPEL CERTIFICATE ("Certificate") is made and entered into this day of , 199_, by the CITY OF CHULA VISTA, a municipal corporation (the "city"), with respect to the following facts: RECITALS A.Rancho Del Rey Partnership, a CalifoJ:llia..geneJ;:"al partnership and RDR<:Business center, Ltd., a California limited partnership (collectively, "Developer") and city have entered into that certain Development Agreement (the "Development Agreement") dated as of , 1992. All capitalized terms not otherwise defined herein shall have the same meanings as set forth in the Development Agreement. B. Pursuant to Article 3 of the Development Agreement, there were created several Conditions to Effectiveness of the Development Agreement. As provided in Section 1.13 of the Development Agreement, city is required to execute this Certifi- cate in order to evidence city's determination that the Conditions to Effectiveness have been fUlfilled. NOW, THEREFORE, city hereby certifies to. Developer that: " 1. All Conditions to Effectiveness were fulfilled as of (the "Conditions Date"). 2. In the event that the effective date of the Ordinance of the City Council approving the Development Agree1llent pursuant to the city's Development Agreement Procedures has here- tofore occurred, the Conditions Date shall likewise serve as : the Effective Date of the Development Agreement. In the event that the effective date of said Ordinance has yet to occur, the effec- tive date thereof shall likewise serve as the Effective Date of the Development Agreement. CITY OF CHULA VISTA, a municipal corporation i ~i By [Printed Name and Title] &;("tf di ATIACHMENT "K" REVISED CONDmONAL AMENDMENT OF (NEW) PLANNED COMMUNITY DISTRICT REGULATIONS, COUNCIL ORDINANCE, SECTION vm, (page 5). The current Planned Community District Regulations are hereby amended and the contents of Notebook Section 5 ("Rancho del Rey SPA 1 Planned Community District Regulations"), incorporated herein by reference, constitute the planned community district regulations ("Amended (New) RDR SPA 1 PC District Regs") for the Commercial Center area (approximately 55 acres) of the 822.3 acres of land shown on Exhibit 2 ("Proposed General Development Plan") to Notebook Section 4 subject to the General Conditions hereinbelow set forth, and with the following condition~: ~. Modify the Business Center PC District Regulations for Lot 1 of Subdivision 92- 05 and Lots 1 and 3 of Subdivision 93-01 to contain the following development standards: Minimum building size shall be 100,000 square feet and shall be occupied by a single user. Ilijiii;iIIBll:llli1:I\IIIIW_I.I{reil_m pilgingi ,/ [C,IWP51 IDYEIA 1T ACH.K.TXTj (,.. tS" nus PAGE BlANK ~ - IDJ. .< November 30, 1992 Mayor Tim Nader and Members of the Chula Vista City Council 276 Fourth Avenue Chula Vista, California 91910 Dear Mayor Tim Nader and City Council, Undoubtedly you are interested in determining the accuracy of the City Planning Department's estimate of A.D.T., average daily trips for the Rancho Del Rey Rezoning request as a gross underestimation of the numbers will affect the actual cost to our city in terms of traffic congestion, air quality, financial responsibility for mitigations, and the development of planned projects, using the "H" Street corridor. Kent Witson, of SANDAG, mentioned as a resource on page 3.3-14 of the supplement to the EIR, explained to me that the city's 44,952 ADT at build out is an estimate only. It is based on several shopping centers of comparable land use at different geographic locations within San Diego County. It does not include Non-U.S. residents coming from across the border because SANDAG has no such special studies. Although SANDAG can conduct a study and generate data about a specific traffic zone such as Chula Vista, it would have to be requested and would be mentioned in the EIR. There is no mention of such a Chula Vista zone study. Mr. Witson is used in the EIR, page 3.3-14, as a source for the projects estimated average trip length of 4.9 miles. Actually, he explained that this figure is the average for the country, not for this Chula Vista area in particular. Perhaps you'd I ike to confer with Dr. Chuck Nathanson or Dr. Millicent Cox of U.C.S.D., whose study of Non-U.S. residents shopping in San Diego found that the average number of people crossing daily in vehicles was 143,000, and that approximately 28,600 would be shopping in Chula Vista on week-days, 37,895 on week-ends, with Price Club as the most pop- pular store. Surely you will want to verify their telephone numbers are as Dr. Chuck Nathanson - 534-2230, this information. The sources and follows: Kent Witson - 595-5352 Dr. Millicent Cox - 558-1343. ~~f:.7 I'll be in contact with you in the next week to determine your choice of action regarding the above information. Sincerely, ~~ Brenda Maldonado 862 Blackwood Road Chula Vista, Cal ifornia 91910 c. c. Tim Nader Shirley Horton Jerry Rindone David Malcolm Len Moore Star News San Diego Union-Tribune 2 b; /r;Y Motor Vehicle Emissions Table 5, PROJECT VEHICLE EMISSIONS, indicates the pollutant generation associated with project vehicle emissions. Due to motor vehicle emission control programs. the emission rates from motor vehicles in Southern California are lower each year. However. net emissions are increasing in some areas due to an increase in contributing vehicles (growth). The amount of motor vehicle emissions associated with the proposed project has been estimated by employing a methodology developed by the South Coast Air Quality Management District, which utilizes mobile emission factors determined by the California Air Resources Board (CARB). The amount of motor vehicle emissions associated with the proposed project is calculated based upon total vehicle miles traveled (VMT) for the ?roject. The VMT can be determined by multiplying the number of Average Daily Trips (ADT) generated by the proposed project by the average trip length, in miles. The project is estimated to result in approximately 37,036 44.952 total ADT at buildout. The project's average trip length is estimated to be approximately 4.9 miles2. Therefore, total VMT is estimated at approximately 181,176 220.265 miles per day. This ADT and VMT are based on the proposed commercial uses only, and does not i~clude-the-ex:isting bowling alley, approved car wash or industrial/business park. . Table 5, PROJECT VEHICLE EMISSIONS, indicates the pollutant generation and assumptions associated with the project vehicle emissions. This is a worst-case scenario, assuming project build out by 1994 as motor vehicle emission rates in following years are expected to be lower due to improved emission controls. The Carbon Monoxide emissions forecast for motor vehicles in the year 1994 is approximately 2,027 pounds per day. Motor vehicle emissions as a result of the project would emit up to 0.15 percent of the San Diego Air Basin emissions, which is considered significant. Mitigation measures are intended to reduce the significant impacts associated with the Rancho del Rey SPA I project, however, unavoidable adverse impacts to air quality are anticipated to occur as a result of project implementation. 2 According to the ''Travel Behavior Survey", prepared by SANDAG in 1986, and phone conversation with Mr. Kent Witson with Sk'\fDAG on June 18, 1992. 33-14 IN 50056>-3.3 &/b7 M E M 0 RAN DUM November 24, 1992 TO: FROM: SUBJECT: Honorary Mayor and City Council Salary Review Committee Mayor/Council Secretary Salary Review In consideration for her dedication, professionalism, hard work, and continuing job excellence, the Salary Review Committee is pleased to recommend a 5% salary increase for Patty Wesp, effective 6/25/92. ~/:hI /: JP4,~ Shirley HorJion, Councilwoman 7..) RESOLUTION NO. l~o,l2.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COMPENSATION AND FRINGE BENEFITS FOR THE SECRETARY TO THE MAYOR AND CITY COUNCIL FOR FY 1992-93 WHEREAS, the Mayor and City Council have received recommendations on the 1992-93 salary adjustments from the Subcommittee on the Secretary to the Mayor and city Council. NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Chula vista that the following adjustments be made in the salary for the Secretary to the Mayor and city Council: SALARY EFFECTIVE 6/25/92 MARKET BASKET FOR FY 92-93 $41,411 $5,250 Shirley Horton, Councilwoman ved as ~ form Presented by F:home\attomey\Patty .Sal [-2 Item # -1L Date 11/30/92 SA RESOLUTION 16909 APPROVAL OF IMPLEMENTING AGREEMENT FOR MAJOR RETAILER A, PROPOSED RANCHO DEL REV COMMERaAL CENTER AND MAKING CERTAIN CEQA FINDINGS (Director of Community Development) B. RESOLUTION 16910 APPROVAL OF IMPLEMENTING AGREEMENT FOR MAJOR RETAILER B, PROPOSED RANCHO DEL REV COMMERaAL CENTER AND MAKING CERTAIN CEQA FINDINGS (Director of Community Development) C. RESOLUTION 16911 APPROVAL OF IMPLEMENTING AGREEMENT FOR MAJOR RETAILER C, PROPOSED RANCHO DEL REV COMMERaAL CENTER AND MAKING CERTAIN CEQA FINDINGS (Director of Community Development) Information on this item was not available when the agenda packet was printed. ~- I