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HomeMy WebLinkAboutRDA Packet 2003/09/16TUESDAY, SEPTEMBER 16, 2003 CHULA VISTA COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) JOINT MEETING OF THE REDEVELOPMENT AGENCY / CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, McCann, Rindone, Salas; Chair/Mayor Padilla CONSENT CALENDAR The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the Agency/Council by one motion without discussion unless an Agency/Council member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES - August 19, 2003, August 26, 2003 2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PRECISE PLAN PCM-03-31 TO ESTABLISH DEVELOPMENT STANDARDS, AND APPROVING A 25 PERCENT DENSITY BONUS TO ALLOW FOR A 14-UNIT TOWN HOME PROJECT IN THE R2P ZONE FOR PROPERTY LOCATED AT 774 ADA STREET - Ada Terrace, Inc. proposes to develop a market rate 14-unit town home project in two triplex and four duplex buildings at 774 Ada Street. The project is located in the Southwest Redevelopment Area. [Community Development Director] STAFF RECOMMENDATION: Council place the ordinance on second reading for adoption ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Agency/Council, staff, or members of the general public. The items will be considered individually by the Agency/Council and staff recommendation may in certain cases be presented in the alternative. Those who wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. 3. REPORT: E STREET TRANSIT VILLAGE PROJECT UPDATE - On 9/7/02, the Agency granted an Exclusive Negotiating Agreement (ENA) to Barone Galasso & Associates and the Olson Company for redevelopment of the City's Old Corporation Yard and associated private parcels. This informational report provides a summary of progress to date and a revised schedule of performance for the existing Exclusive Negotiation Agreement. The development team will also make a presentation. [Community Development Director] STAFF RECOMMENDATION: Agency accept the report. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency/City Council on any subject matter within the Agency/Council's jurisdiction that is no~t an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency/City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Agency/Council on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. 4. DIRECTOR/CITY MANAGER'S REPORT(S) 5. CHAIR/MAYOR REPORT(S) 6. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to an adjourned meeting of the Redevelopment Agency on September 30, 2003, at 6:00 p.m., immediately following the City Council meeting in the City Council Chambers. CLOSED SESSION Unless Agency Counsel, the Executive Director, or the Redevelopment Agency/City Council states otherwise at this time, the Agency/Council will discuss and deliberate on the following item(s} of business which are permitted by law to be the subject of a closed session discussion, and which the Agency/Council is advised should be discussed in closed session to best protect the interests of the City. The Agency/Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency/Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, announcements of actions taken in Closed Session shall be made by Noon on Wednesday following the meeting at the City Clerk's office in accordance with the Ralph Brown Act (Govt. Code § 54957.7) 7. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION -- Pursuant to Government Code Section 54956.9(a) City/Agency vs. IT Group, Inc., et. al. [Case No. 02-10118 (MFW)] AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, September 16, 2003 Page 2 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA August 19, 2003 6:00 p.m. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 6:53 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: Davis, McCann, Rindone, and Chair/Mayor Padilla ABSENT: Agency/Councilmembers: Salas ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Moore, and City Clerk Bigelow CONSENT CALENDAR Item No. 3 was removed from the Consent Calendar for separate action. 1. AGENCY RESOLUTION NO. 1836, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING AN AGREEMENT WITH THE CONSULTING FIRM OF ROSENOW SPEVACEK GROUP, 1NC. IN AN AMOUNT NOT-TO-EXCEED $50,000 FOR CONSULTING SERVICES TO COMPLETE THE 2003 REDEVELOPMENT AMENDMENT AND EXPANSION PROCESS The contract with Rosenow Spevacek Group, Inc. is for consulting services rendered on the proposed Redevelopment Plan amendment and expansion process. Cost overruns due to changes in the process have caused additional work for the consultants. Funds are needed for the consultant to complete this process. (Community Development Director) Staff recommendation: Agency adopt the resolution. 2. AGENCY RESOLUTION NO. 1837, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $29,356 FROM THE AVAILABLE BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE OF AN INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET PURSUANT TO A 1993 DISPOSITION AND DEVELOPMENT AGREEMENT In 1993, the Redevelopment Agency approved a development and disposition agreement (DDA) for the Chula Vista Auto Park, Phase 1, including a provision for payment of incentives to auto dealers if they exceeded a threshold of sales tax receipts to the City for the first 15 years of the operations. The auto dealer incentives are payable based on a formula spelled out in the DDA. Based on the formula, People's Chevrolet exceeded the sales tax threshold in 2002 and is owed an incentive payment. (Community Development Director) Staff recommendation: Agency adopt the resolution. CONSENT CALENDAR (Continued) 4. A. COUNCIL RESOLUTION NO. 2003-374, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO A JOiNT PUBLIC HEARING ON THE 2003 AMENDMENT TO THE BAYFRONT/TOWN CENTRE 1 REDEVELOPMENT PLAN B. COUNCIL RESOLUTION NO. 2003-375, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO A JOINT PUBLIC HEARING ON THE 2003 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PLAN The Redevelopment Agency initiated a series of Redevelopment Plan amendments in November 2002 to enhance the ability of the Agency to undertake redevelopment projects in the existing redevelopment project areas and throughout other portions of western Chula Vista. (Community Development Director). Staff recommendation: Council adopt the resolutions. ACTION: Chair/Mayor Padilla moved to approve staff's recommendations and offered Consent Calendar Items 1, 2, and 4, headings read, texts waived. The motion carded 4-0. ITEMS PULLED FROM THE CONSENT CALENDAR 3. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AWARDING SPECIAL CONTRACT FOR SITE CLEARING AT THE SOUTHWEST CORNER OF BAY BOULEVARD AND LAGOON DRIVE TO PENHALL CONTRACTORS FOR $73,000 PURSUANT TO THE SETTLEMENT AGREEMENT WITH RADOS BROTHERS AND APPROPRIATING $73,000 FROM THE BAYFRONT/TOWN CENTRE 1 PROJECT AREA FUND FOR THAT PURPOSE BASED ON UNANTICIPATED REVENUE FROM THE INTEREST EARNING ASSOCIATED WITH THE STIPULATED SETTLEMENT The Goodrich relocation agreement obligated the City/Agency to pursue acquisition and subsequent transfer of the vacant property at the southwest comer of Bay Boulevard and Lagoon Drive to Goodrich. Adoption of the proposed resolution approves the agreement to clear the site as required by the relocation agreement in advance of transferring the property to Goodrich. The special contract with Penhall was contemplated by the settlement agreement between the Agency and Rados Brothers regarding the acquisition of the property. (Community Development Director) ACTION: Chair/Mayor Padilla moved to continue this item to August 26, 2003. Agency/Councilmember Davis seconded the motion, and it canied 4-0. Page 2 Council/RDA Minutes / -- c~ 08/19/03 ACTION ITEMS 5. A. AGENCY RESOLUTION NO. 1838, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO CIRCULATE A DRAFT 2003 AMENDMENT IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN, FOR THE BAYFRONT/TOWN CENTRE 1 REDEVELOPMENT PROJECT, AND CALLING FOR AND CONSENTING TO A JOINT PUBLIC HEARiNG WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR THE PROPOSED 2003 AMENDMENT B. AGENCY RESOLUTION NO. 1839, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE PROPOSED REVISED ADDED AREA BOUNDARY FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA, AUTHORIZING STAFF TO CIRCULATE A DRAFT 2003 AMENDMENT IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT, AND CALLiNG FOR AND CONSENTING TO A JOiNT PUBLIC HEARING WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR THE PROPOSED 2003 AMENDMENT C. AGENCY RESOLUTION NO. 1840, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING AND MAKING AVAILABLE FOR PUBLIC REVIEW, DRAFT AMENDED AND RESTATED RULES GOVERNING PARTICIPATION AND RE-ENTRY PREFERENCES FOR PROPERTY OWNERS AND BUSiNESS OCCUPANTS, AND AN AMENDED AND RESTATED METHOD OF RELOCATION The recommended resolutions concern the proposed Redevelopment Plan amendment and expansion. (Community Development Director) Community Development Principal Tapia gave a brief presentation on the proposed 2003 Redevelopment Plan amendments. Agency/Councilmember Rindone spoke regarding the revised and added areas and asked if any private residents would be subject to eminent domain. Principal Tapia replied that there are two mixed-use residences that front on Broadway that may be potentially affected. Redevelopment Manager Estes added that there are also seven trailer parks that are commercially zoned that house a number of residents; these residents would also be potentially subject to the eminent domain process. Agency/Councilmember Rindone asked staff to come back with a report on private residences that may be subject to eminent domain and the basis on which staff would be making the recommendation for its use. ACTION: Agency/Councilmember Davis then offered Agency Resolutions No. 1839 and No. 1840, headings read, texts waived; with No. 1839 amended to include additional language, as follows: "authorizes and directs staff to take all necessary and appropriate action to solicit the City of San Diego's approval to add the West Fairfield property (assessor parcel numbers 621-010-03, 621-020-06, 622-101-01, 622-101-02, 622-101-04, 622-101-04, 622-101-15, 622-101-17, and 622-120-23), that is currently within the City of San Diego city limits to the proposed added area of the merged Chula Vista redevelopment project area pursuant to section 33213 of the law." The motion carried 4-0. Page 3 CounciYRDA Minutes / ~' ~ 08/19/03 ORAL COMMUNICATIONS There were none. OTHER BUSINESS 6. DIRECTOR'S REPORTS There were none. 7. CHAIRfMAYOR REPORTS There were none. 8. AGENCY/COUNCIL COMMENTS There were none. CLOSED SESSION 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor Parcel Nos. 563-350-13-00; 56-131-0Dll (Agency/City), Assessor Parcel Nos. 563-350-12-00; 566- 132-55-00 (George A. Mross and Mayfair Living Trust), and Assessor Parcel Nos. 563-330-4900, 563-330-4800 (Bell Family) Negotiating Parties: Andy Campbell, Lyle Haynes (Agency/City), Ted and Mike Bell (Bell family), and Mayfair Mross (Mayfair Living Trust) Under Negotiations: Price and terms of disposition/acquisition ACTION: Direction was given to staff. ADJOURNMENT At 10:30 p.m., Chair/Mayor Padilla adjourned the meeting to an adjoumed regular meeting of the Redevelopment Agency on August 26, 2003, at 6:00 p.m., immediately following the City Council Meeting. Susan Bigelow, CMC, City Clerk Page 4 Council/RDA Minutes / ~ 4 08/19/03 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA August 26, 2003 6:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 7:31 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: Davis, McCann, Rindone, Salas, and Chair/Mayor Padilla ABSENT: Agency/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Moore, and City Clerk Bigelow CONSENT CALENDAR 1. APPROVAL OF MINUTES - July 8, 2003, July 15, 2003, and July 22, 2003 Staff recommendation: Council/Agency approve the minutes. ACTION: Chair/Mayor Padilla moved to approve staff's recommendation and offered the Consent Calendar, heading read, text waived. Agency/Councilmember Rindone seconded the motion, and it carried 5-0. PUBLIC HEARINGS 2. CONSIDERATION OF ESTABLISHING DEVELOPMENT STANDARDS, AND ALLOWING A 25 PERCENT DENSITY BONUS TO ALLOW FOR A 14-UNIT TOWN HOME PROJECT 1N THE R2P ZONE FOR PROPERTY LOCATED AT 774 ADA STREET Ada Terrace, Incorporated has proposed to develop a market rate, 14-unit town home project in two triplex and four duplex buildings at 774 Ada Street. The project is located in the Southwest Redevelopment Area. (Community Development Director) Notice of the heating was given in accordance with legal requirements, and the heating was held on the date and at the time specified in the notice. Chair/Mayor Padilla opened the public hearing. Community Development Specialist Del Valle presented the proposed project. PUBLIC HEARiNGS (Continued) Agency/Councilmember Rindone expressed concern with the proposed 17-foot length of the garages, which he thought could force residents to park outside of their garages. Associate Planner Phelps responded that only an extremely oversized vehicle would have difficulty parking in the garage space. Agency/Councilmember Mayor Rindone requested that in future projects, consideration be given to building longer garages. Agency/Councilmember Davis clarified that only one side of the garages would be 17 feet, while the other side would be the regular 20-foot length. She commended staff on producing a great project, which she felt was much needed and would be appreciated by the community. Agency/Councilmember McCann also commended staff on a job well done. He remarked on the pleasing similarities of architecture in all three Ada Street projects. With no members of the public wishing to speak, Chair/Mayor Padilla closed the public hearing. ACTION: Chair/Mayor Padilla offered Ordinance No. 2934 for first reading and Council Resolution No. 2003-388, and Agency Resolution No. 1841 for adoption, headings read, texts waived: ORDiNANCE NO. 2934, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PRECISE PLAN PCM-03-31 TO ESTABLISH DEVELOPMENT STANDARDS, AND APPROVING A 25 PERCENT DENSITY BONUS TO ALLOW FOR A 14-UNIT TOWN HOME PROJECT 1N THE R2P ZONE FOR PROPERTY LOCATED AT 774 ADA STREET COUNCIL RESOLUTION NO. 2003-388 AND AGENCY RESOLUTION NO. 1841, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT WITH ADA TERRACE, iNCORPORATED FOR THE DEVELOPMENT OF A 14-UNIT TOWN HOME PROJECT AT 774 ADA STREET WITHiN THE SOUTHWEST REDEVELOPMENT PROJECT AREA The motion carried 5-0. ACTION ITEMS 3. COUNCIL RESOLUTION NO. 2003-389 AND AGENCY RESOLUTION NO. 1842, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTiNG THE BROADWAY REVITALIZATION STRATEGY (BRS) FOR THE H TO L STREET SEGMENT/H STREET ENTRYWAY OF THE BROADWAY CORRIDOR, AND DIRECTiNG STAFF TO DEVELOP AN IMPLEMENTATION PLAN FOR IMMEDIATE ACTION ITEMS ACTION ITEMS (Continued) The purpose and intent of the Broadway revitalization effort is to reverse deteriorating conditions, support the vitality of commercial establishments, and enhance the visual quality of the urban environment. The Broadway revitalization strategy provides a comprehensive list of revitalization strategies that are intended to build upon the focus area's recent and anticipated successes for the purpose of making the area more attractive to investors, consumers, visitors, and residents. (Community Development Director) Community Development Specialist Del Valle presented the proposed Broadway revitalization strategy for the initial focus area, H to L Street, and the H Street entryway plan. Agency/Councilmember McCann commended staff on selecting a focused area for revitalization, which demonstrates the City's commitment to revitalization efforts in the community. Agency/Councilmember Rindone reported that the Chula Vista Center is talking about major improvements. ACTION: Agency/Councilmember McCarm offered Council Resolution No. 2003-389 and Agency Resolution No. 1842, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 4. DIRECTOR'S REPORTS There were none. 5. CHAIR/MAYOR REPORTS There were none. 6. AGENCY/COUNCIL COMMENTS There were none. ADJOURNMENT At 8:01 p.m., Chair/Mayor Padilla adjourned the meeting to the regular meeting of the Redex~elopment Agency on September 16, 2003, at 6:00 p.m., imanediately following the City Council Meeting. Susan Bigelow, CMC, City Clerk Page 3 Council/RDA Minutes / ~ ~ 08/26/03 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A PRECISE PLAN PCM-03-31 TO ESTABLISH DEVELOPMENT STANDARDS AND APPROVING A 25 PERCENT DENSITY BONUS TO ALLOW FOR A 14-UNIT CONDOMINIUM PROJECT IN THE R2P ZONE FOR PROPERTY LOCATED AT 774 ADA STREET I. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consist of 14 town homes and two triplex and four duplex buildings, and located at 774 Ada Street ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on March 21, 2003, Jorge Sanchez and Daniel Conlxeras for Jim Truesdale Developments ("Developers") filed a Precise Plan application with the Planning and Building Department of the City of Chula Vista for a town home condominium project in the Residential Two Family zoning district ("Project"); and C. Prior Discretionary Approvals WHEREAS, the Design Review Committee meeting was scheduled and advertised for June 2, 2003, at 4:30 p.m. in the Council Chambers, 276 Fourth Avenue at which time the Design Review Committee voted 5-0-0-0 recommending that the City Council approve the Precise Plan project based on the findings and subject to the conditions listed below, in accordance with the Notice of Decision (PCM-03-31); and WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 25, 2003, and, after considering all reports, evidence and testimony presented, voted 5-0-0-2 to recommend that the City Council adopt the ordinance approving the Project, in accordance with site plan Exhibit "A" and the Development regulations shown in Exhibit "B" based on the findings listed below; and in accordance with the Planning Commission Resolution (PCM-03- 31); and D. Planning Commission Record on Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and, Ordinance Page 2 WHEREAS, the Planning Department set the time and place for a heating on said Project, and notice of said heating, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project, at least ten (10) days prior to the hearing; and, WHEREAS, The proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on June 25, 2003, and the minutes and resolution resulting thexe from, are hereby incorporated into the record of this proceedings; and, E. City Council Record on Applications WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project site at least ten days prior to the hearing; and, II. NOW, THEREFORE, the City Council of the City Chula Vista does hereby find, determine and ordain as follows: A. Certification of Compliance With CEQA The Environmental Review Coordinator determined that the Project was exempt from the Calif0mia Environmental Quality Act (CEQA) as a Class 32 exemption for infill developments on April 10, 2003. The Planning Commission adopted Resolution PCM-03-31 including the exemption from CEQA on June 25, 2003 recommending that the City Council approve the Project. B. Independent Judgement of City Council The City Council does hereby find that the environmental determination of the Environmental ReMew Coordinator and the Planning Commission was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Rex~iew Procedures of the City of Chula Vista. C. Precise Plan Findings 1. That suer t~se will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity: The issuance of a precise plan will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity because the development of this 14-unit condominium project is characterized by outstanding planning or urban design that will significantly improve the adjacent neighborhood, surrounding community and general vicinity. Ordinance Page 3 The site plan layout provides for guest parking and common open space areas. The architecture of the individual buildings is exceptional and the individual units incorporate features found in well designed single-family homes, such as porch entries, open loft areas, raised ceilings, kitchens with bay windows, large bedrooms and bathrooms, walk-in closets, a study or den, laundry rooms, and ample storage space within the units adjacent to the two-car garages. 2. That such plan satisfies the principle for application of the P modifying district as set forth in CVMC 19.56.041: Based upon the facts presented, Section 19.56.041(C) would apply to this project because the basic or underlying zone regulations do not allow the property owner and/or the city appropriate control or flexibility needed to achieve an efficient use of the property and proper relationship of the project to the uses allowed in the adjacent zones. By strict interpretation, only six single-family dwelling units could be allowed on this property according to the General Plan and Specific Plan land use designations of Residential Low Medium (3 - 6 dwelling units per acm). However, the adopted policy of the City Council for this area was that the R2P zoning overlay would be consistent with the General Plan and Specific Plan, and therefore the Zoning of R2P would allow for up to six duplex buildings for a total of 12 units utilizing the P (Precise Plan) modifying district overlay zone. In addition, the Montgomery Specific Plan allows for an additional 25 percent density bonus for projects located within single-family designated areas if characterized by "outstanding planning or urban design." Therefore, in order to provide a 14-unit condominium project, flexible development standards (such as the reduced front, side, and rear yard setbacks, reduced common and private open space areas, reduced two-car garage dimensions, a reduced number of guest parking spaces, and an increase in floor-area-ratio) need to be applied to the project in order to achieve an efficient use of the property and a proper relationship of the project to the uses allowed in the adjacent zones. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan: Exceptions to be granted which would deviate from the underlying zoning requirements are the building setbacks, common and private open space areas, the allowable floor-area-ratio, the two-car garage dimensions, and the number of guest parking spaces. Ordinance Page 4 These deviations are appropriate because the proposed site plan and the design of the seven two-story duplex buildings exterior architecture are exceptional and the individual units incorporate features found in well-designed single-family homes. The Design Review Committee approved the architecture, and the City Council concurs with the Design Review Committee and the Planning Commission and finds that outstanding planning and urban design characterize the project as proposed. 4. The approval of this plan will conform to the General Plan and the adopted policies of the City Of Chnla Vista: Approval of the Precise Plan will be in substantial conformance with the General Plan Land Use Designation of Low Medium Residential (3 - 6 dwelling units per acre) in that the same land use designation was provided for on the Montgomery Specific Plan Land Use Map, and the adopted policy of the City Council for this area was that the R2P zoning overlay would be consistent with the General Plan and Specific Plan. 5. The approval of this plan will conform to the applicable sections of the Montgomery Specific Plan The 25 percent net density bonus as allowed by the Montgomery Specific Plan will add 2 units where only 12 units would normally be permitted, thereby providing more affordable housing relative to the current housing market. The development will include two-car garages for each unit, private yards and patios, sufficient guest parking and common open space recreation areas, and may also be a catalyst for the potential redevelopment of this area in the future. The City Council concurs with the finding of the Director of Planning and Building that the project reflects outstanding planning and urban design and therefore is entitled to a density bonus per the provision set forth in Montgomery Specific Plan. D. Terms of Grant of Precise Plan The City Council hereby grants Precise Plan PCM-03-31 for project depiction in Exhibit "A," and controlled by the Development and Operational Standards in Exhibit "B" and subject to the conditions of approval found in the Design Review Committee Notice of Decision, which are incorporated herein by reference. E. Execution and Recordation of Resolution of Approval The Developer shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, Ordinance Page 5 and a signed, stamped copy returned to the City Clerk and Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding application for building pc, mits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk' Office and known as Document No. · - ' - Df774 Ada Street l~at/ Signature..of .~~presentative D~a'tl~ 10~'~ 111. 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 any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. IV. APPROVAL OF PRECISE PLAN The City Council does hereby approve the Precise Plan as depicted in Exhibit "A", and including the property Development and Operational Standards for Ada 1II Town homes, as represented in Exhibit "B," wkich is incorporated herein by reference. V. EFFECTIVE DATE This ordinance shall take effect and be in full fome on the thirtieth day from and after its adoption. Presented by Approved as to form by JAeimt~Sg%5;caltor o f p]annlng and Building ~'~o°rmeey Ordinance Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this the 26th day of August, 2003, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. __had its first reading at a regular meeting held on the 26th day of August 2003 and its second reading and adoption at a regular meeting of said City Council held on the day of 2003. Executed this day of 2003. Susan Bigelow, City Clerk J:\COMMDEVXXavier~Southwest\774 Ada St. Project~2M-03-31CCORD.do¢ Exhibit "B" DEVELOPMENT AND OPERATIONAL STANDARDS ] A. Development Standards These development standards and regulations shall apply to the development of 14 condominium units within two triplex and four duplex buildings known as the Ada m townhomes. This Precise Plan is intended to work in conjunction with the development standards in the City of Chula Vista's Zoning Ordinance (Title 19). Any information not shown within the Precise Plan should be referenced in the City of Chula Vista Municipal Code Chapter 19.26 Residential Two-Family (R2P) zone. Residential 1. Allowed Uses Allowed uses shall be those that are identified in the R2P zone as permitted uses or accessory uses. 2. Development Standards The following development standards shall apply to all land and buildings within the R2P zoning district. Dimensions and standards shown in Table 1 are allowed. Where in conflict with the R2P zone development standards, the standards outlined in this Precise Plan take precedence; where a particular item is not addressed in the Precise Plan, the R2P zone development standards shall be used. TABLE 1 Precise Plan Development Standard for Townhomes Lot Criteria Lot area per unit (minimum): 3,000-sq. ft. Lot coverage (maximum): 50 percent Lot depth (minimum): 52 feet Lot width (minimum): 32 feet Floor Area Ratio (maximum): 60 percent Unit A (4-units, includes garage): 1,980 sq. ft. Unit B (8-units, includes garage): 1,788-sq. ft. Unit C (2-units, includes garage): 2,083-sq. ft. Setbacks from drives and perimeter lot lines Front yard (minimum): 4-ft. Exterior side yard (minimum): 4-ft. Interior side yard (minimum): O-ft. Rear yard (minimum): Units 4, 5, 6, 7, 8, 9, and 13: 5-ft. Units 10, 11, and 12: 10-R. Units 1, 2, 3, and 14: 15-ft. Parking 2-car garages Units A & C (6-units): 420-sq. ft. Interior dimensions: 20'-6' x ~9'-~~" Minimum garage door opening: 16-ft. Minimum depth and width For one of two parallel vehicles: 17-ft. x 8-ft. Unit B (8-units): 436-sq. ft. Interior dimensions: 21'-0" x 20'-0" Minimum garage door opening: 8'-4" & 8'-4" Minimum depth and width For one of two parallel vehicles: 17-ft. x 8-ft. Guest Parking (compact): 12 spaces Minimum dimensions: 7-ft. x 15-ft. Driveways: 20-ft. Open space 27,945-sq. ft. Private Usable (minimum): 350-sq. ft. Per unit Common Usable (one area): 2,250-sq. ft. Fencing 6-ft. Perimeter: Stucco wall Interior: Wood fence Building Height 26-ft. No accessory structures are Patio covers must permitted on lots with rear yards be less than less than 10-ft. in depth: 300-sq. ft. Notes: Table 1 figures are based on the/nformation on the Precise Plan B. Operational Standards 1. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances In effect at the time of building permit issuance. 2. Buildings and Landscaping shall be maintained according to the approved plans unless modifications are approved by the City of Chula Vista. 3. The driveway w/thin the complex shall be designated and maintained as a private roadway. 4. All onsite drainage facilities shall be considered private. 5. Improvements will not be permitted within sight visibility area at the entrance per City requirements. 6. This Precise Plan permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permit'tee and after the City has g/yen to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permit tee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 7. Applicant/operator shall and does hereby agree to indenmify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, f~om (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this pro*vision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. J :~LA~NIN G~]~A~OLD\OTHERx, PCi~-03-31EX]E[B1TB .DOC PAGE 1, ITEM NO.: ~.~ MEETING DATE: 9/16/2003 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: REPORT: E STREET TRANSIT VILLAGE PROJECT UPDATE SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR 1~~ REVIEWED BY: EXECUTIVE DIRECTOR~ 4/STHS VOTE: YES ~ NO ~ BACKGROUND On September 7, 2002, the Redevelopment Agency granted an Exclusive Negotiation Agreement (ENA) to Barone Galasso & Associates and the Olson Company for redevelopment of the Ciys Old Corporation Yard and associated private parcels. A separate ENA between the developers and the Metropolitan Transportation Development Board (MTDB) was also required for the development to move forward with concept and financial planning. The ENA with MTDB was eventually granted on May 26, 2003 after lengthy discussions. Due to these time delays, the development team has requested a six month extension of time to perform under the requirements of the Agency's ENA, and this has been granted by the Executive Director pursuant to provisions of the Agreement. This informational update provides a summary of work accomplished to date and expectations for the remainder of the negotiation period. The development team will also make a presentation to the Agency at the meeting. RECOMMENDATION Accept the Information Report. BOARDS/COMMISSIONS RECOMMENDATION Not Applicable. The Executive Director has issued a letter granting an additional six months for negotiations for development of the Project. The new expiration date of the ENA is March 7, 2004. Under this extension, a new set of negotiation milestones have been agreed to. These include the following: PAGE 2, ITEM NO.: MEETING DATE: 9/'16/2003 Milestone Revised Due Date 3.1.3 (Progress Report/Revised Concept Plan) October 15, 2003 3.1.4 (a) (Prelim. Master/Phasing Plan) November 30, 2003 3.1.4 (b) (Feasibility Study for Park & Ride} November 30, 2003 3.1.4 (c) (Status Report on Property Negotiations) November 30, 2003 3.1.5 (a) (Submittal of Project Pro-Forma) January 15, 2004 3.1.5 (b) (Submittal of Prelim. Sources of Acquisition Financing) January 15, 2004 3.1.5 (c} (Submittal of Prelim. Sources of Development Financing) January 15, 2004 3.1.5 (d) (Submittal of Market Study) January 15, 2004 With these new milestones, the development team anticipates the ability to bring forward a Disposition and Development Agreement for Agency consideration in Spring, 2004. This should coincide with final vacation of the City's Old Corporation Yard as the new Police Headquarters building begins occupancy, thus allowing PD evidence and storage to vacate. Although delayed by a variety of factors (MTDB ENA, Grade Separation Study, etc.), the following work has been accomplished to date on the project, as summarized below: MTDB Neqotiation5 The development team formally initiated discussions with MTDB following approval of the Agency' ENA last September. (It was originally the team's intent to work directly with the County of San Diego, which held title to the land subsequently transferred in fee to MTDB. The County transfer was part of a region-wide transfer of park & ride assets to the various transit agencies.} These discussions resulted in the adoption of a separate ENA with Barone-Galasso & Associates in May 22, 2003. This ENA covers the portions of the overall development site now owned by MTDB, including the park & ride facility, the City Visitor Center facility, and the F Street Spur Line property. The MTDB ENA has up to two years of negotiation time. Significant issues that have been identified include MTDB's policy of only leasing land in their ownership, which means that any development on their portion of the overall site will be faced with factoring long-term lease arrangements into the development financing structure. MTDB also is requiring that in addition to replacing all 298 parking spaces in the existing Park & Ride that the developer also include an additional 125 spaces to meet increased demand. Financing of the public parking will be a central issue in overall development feasibility. City staff will continue to work as a mediator as needed in the separate negotiations between the developer and MTDB during the coming months. It should be noted that MTDB staff is excited about the prospect of a transit-oriented-development on this site and have been cooperative in working together on the project with City staff and with the development team. Grade Separation Study MTDB, in cooperation with the City Of Chula Vista, initiated a grade separation study in April 2003 in order to determine the correct placement of a relocated transit station at the proposed PAGE 3, ITEM NO.: MEETING DATE: 9/16/200:3 project location. John Lippitt was retained to help guide the study through the process. As of Pate August, a tentative station location for E Street was identified approximately 100 feet north of F Street. With this information, the development team will be able to continue the work begun on the concept plan which had been put on hold pending this station location determination. The Study will continue and is addressing a variety of related issues, including grade separation at H Street and the location of the existing freight line and its interface with the trolley line and with the inactive Coronado Branch line and spur, which intersects the subject property. Concept Plan Development The original concept plan was prepared by CityWorks and was included in Council's original ENA packet in September. The developer has subsequently retained the firm of LCA from Portland, Oregon to complete the concept plan and to work on project entitlements, including a Specific Plan. A number of alternative land use plan alternatives were developed prior to the decision to proceed with the grade separation study. With identification of the station location in August, site concept planning can again proceed. A preliminary concept plan, developed prior to the grade separation study, is attached to this information report for your reference. Staff anticipates that with a conclusion on the station location issue now resolved, the concept plan can be finalized by mid-October. Environmental Remediation Sub-Surface Waste Management (SSWM) conducted a Phase I analysis of the City-owned and private parcels in January and February of this year. The results of this study indicated that the overall risk of site contamination was high. Areas of concern include the City's Repair & Maintenance building, the former waste oil site, the bus wash stand, and areas along the site perimeter. This study will serve as a base-line for additional analysis that will need to be carried out, either by the developer or the Agency, based on the terms of the eventual Disposition and Development Agreement. It may be wise to move forward with the Phase II prior to completion of negotiations in order to better assess the risks and costs of site clean-up, but this decision has not yet been made by the negotiating parties. City Fuelinq Facility Relocation Redevelopment of the site is dependent upon relocation of the City's fueling faciJity, which remains on the old Corporation Yard site. Negotiations to relocate the facility along the 1-805 corridor have been abandoned. The City is now assessing a joint fueling arrangement with the County at their I Street facility. No formal decisions on this issue have yet been made, but will need to be resolved well in advance of actual site remediation and tank removal. The City's General Services Department is in the lead on relocating the fueling facility. Workshop Agency staff and the development team held the Proiect's first public workshop on August 13~h at City Hall. Approximately 30 citizens attended, including representatives of the property owners, PAGE 4, ITEM NO.: MEETING DATE: 9/16/2003 local residents, Crossroads II members, and a number of other interested parties. A presentation on the merits of "smart growth" and transit-oriented development was delivered by Steve Coyle of LCA, a prominent consulting firm from Portland, Oregon with specific expertise in TOD projects. Participants broke up into discussion tables and analyzed very preliminary site concept plans. There was lively discussion, but general consensus that a transit-oriented development is appropriate for the site. A follow-up workshop is being planned for later this Fall. Entitlements The approach to planning entitlements has been focused on creating a unique Specific Plan for the project which addresses site design and layout, uses, parking, and adjacencies. The Specific Plan will likely be accompanied by a request for General Plan amendment to maintain Woodlawn Avenue as a residential street (the current General Plan requires widening to four lanes and treats Woodlawn as a maior connector between E and H Streets at build-out.) The precise approach to Woodlawn has yet to be determined; however, the Specific Plan will also address the provision of public facilities and other pedinent issues, like on-site open space. Depending on the overall timing of the City's General Plan Update, there is some possibility that the Specific Plan may not be needed, as this area near the trolley station is proposed for intensification and transit-oriented development in the new General Plan draft land use scenarios. This approach of relying on the General Plan is unlikely unless the Project is further delayed. Property Acquisition In lieu of a development agreement, property acquisition roles and responsibilities have not yet been finalized. As the Agency Board is aware, the Owner Participation process was extended to the five private property owners in the Project site. All owners extinguished their rights, either by leffer or lack of response. One business owner (Aunt Emma's Pancakes) requested business preference rights, as allowed under Redevelopment Law, and will be afforded due consideration upon completion of the development plan. One owner (Bhakta) requested owner or operator status with respect to the new hotel planned for a portion of the site. Both parties remain interested in padicipation. FISCAL IMPACT Not applicable. ATTACHMENTS Concept Plan Draft J:\COMMDEV~STAFF.REP\09-16-03~AGENDA STATEMENT - ENA Extension.doc ~ ~ Ircm