HomeMy WebLinkAboutRDA Packet 2003/05/06
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CllY OF
CHULA VISTA
TUESDAY, MAY 6,2003
4:00 P.M.
(immediately following the City Council meeting)
COUNCIL CHAMBERS
PUBLIC SERVICES BUILDING
JOINT MEETING OF THE
REDEVELOPMENT AGENCY I CITY COUNCIL
OF THE CITY OF CHULA VISTA
CALL TO ORDER
ROLL CALL
Agency/Council Members Davis, McCann, Rindone, Salas; Chairman/Mayor Padilla
CONSENT CALENDAR
The staff recommendations regarding the following item Is) 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 - February 18, 2003, April 8, 2003, April 15,
2003
2. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA APPROVING OWNER PARTICIPATION AGREEMENT WITH THE
JENNINGS FAMILY PARTNERSHIP FOR THE CONSTRUCTION OF A 2,040
SQ. FT. SHOWROOM/OFFICE BUILDING AND TWO REDWOOD LUMBER
STANCHION RACKS AT A VACANT SITE AT 3817 MAIN STREET WITHIN
THE SOUTHWEST REDEVELOPMENT PROJECT AREA - The Jennings Family
Partnership is proposing to construct a 2,040 sq. ft. showroom/office building
and two 1,680 sq. ft. covered stanchion racks at the site located at 3817
Main Street within the boundaries of the Southwest Redevelopment Project
Area. The project is being constructed on a vacant lot, and includes the
construction of a parking lot and landscaped areas. [Community Development
Director]
STAFF RECOMMENDATION: Adopt the resolution.
3. RESOlUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA APPROVING DESIGN REVIEW PERMIT (DRC-03-11) AND ADOPTING
AN OWNER PARTICIPATION AGREEMENT TO ALLOW THE
CONSTRUCTION OF A 30,000 SQUARE FOOT BUILDING FOR
RETAIL/WAREHOUSE USES AT 830 BAY BOULEVARD WITHIN THE
BAYFRONT SPECIFIC PLAN (FOSTER INVESTMENT CORPORATION) - The
applicant has filed applications for a Design Review Permit and a Coastal
Development Permit to develop the subject property. Development
proposals for the Bayfront Redevelopment Area and Coastal Zone are
procedurally governed by the Bayfront Specific Plan/Coastal Development
Permit Procedures Manual. The Design Review Committee has reviewed the
application for a Design Review Permit and has forwarded a recommendation
to the Redevelopment Agency. After the Design Review Permit has been
approved, a Coastal Development Permit may be issued by the City Council
if the project is found to be consistent with the policies and provisions of the
Local Coastal Program. The Planning and Environmental Manager has
determined that this project will not have a significant adverse impact on the
environment and is categorically exempt from the California Environmental
Quality Act (CEQA) under Class 32, Infill Development Projects.
[Community Development Director]
CONTINUED FROM THE MEETING OF 4/15/03
STAFF RECOMMENDATION: Adopt the resolution.
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Redevelopment Agency on any subject matter
within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits
the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish
to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to
the meeting. Those who wish to speak, please give your name and address for record purposes and follow up
action.
OTHER BUSINESS
4. DIRECTOR'S REPORTlS)
5. CHAIR/MAYOR REPORTlS)
6. AGENCY/COUNCIL COMMENTS
Redevelopment Agency, May 6, 2003
Page 2
ADJOURNMENT
The meeting will adjourn to a closed session and thence to an adjourned meeting
of the Redevelopment Agency on May 13, 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 states otherwise at this time,
the Agency will discuss and deliberate on the following item Is) of business which are permitted by law to be
the subject of a closed session discussion, and which the Agency is advised should be discussed in closed
session to best protect the interests of the City. The Agency 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 wjll be terminated at this point in order to save
costs so that the Agency'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 foilowing the meeting at the City Clerk's office in accordance with the Ralph Brown Act IGovt.
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)]
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act IADA), 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, May 6, 2003
Page 3
MINUTES OF AN ADJOURNED REGULAR MEETINGS OF
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
February 18, 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 6:25 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 Kaheny, and City Clerk Bigelow
CONSENT CALENDAR
1. APPROVAL OF MINUTES of January 21,2003
Staffrecommendation: Agency/Council approve the minutes.
2. COUNCIL RESOLUTION NO. 2003-070 AND REDEVELOPMENT AGENCY
RESOLUTION NO. 1810, RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ACCEPTING
BiDS, APPROPRIATING ADDITIONAL FUNDS, AND AWARDING CONTRACT
IN THE AMOUNT OF $2,168,930 FOR THE "PALOMAR STREET
IMPROVEMENTS, FROM INTERST ATE 5 TO INDUSTRIAL BOULEVARD (CIP
NO. ST-922)" PROJECT TO DALEY-CCAC, A JOINT VENTURE
The Palomar Street improvements project will widen roughly 800 linear feet of Palomar
Street from an undivided, four-lane roadway to an ultimate, six-lane major arterial
approximately between Interstate 5 and Industrial Boulevard. Other improvements
associated with the project include a storm drain system to convey runoff from the project
site, raised medians, curb and gutters, sidewalks, beautification improvements,
freestanding masonry sound walls, and various street improvements to adjacent
roadways. (Director of Engineering and Director of Community Development)
Staff recommendation: Council/Agency adopt the resolution.
ACTION:
Chair/Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 5-0.
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ORAL COMMUNICATIONS
There were none.
OTHER BUSINESS
3. DIRECTOR'S REPORTS
There were none.
4. CHAIRJMA YOR REPORTS
There were none.
5. AGENCY/COUNCIL COMMENTS
There were none.
ADJOURNMENT
At 6:27 p.m., Chair/Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting of
the Redevelopment Agency and the City Council, meeting concurrently with the Board of Port
Commissioners at the San Diego Unified Port District, 3165 Pacific Highway, on February 25,
2003, at 9:00 a.m.; and thence to a Regular Meeting of the Redevelopment Agency on March 4,
2003, at 4:00 p.m., immediately following the City Council Meeting in the Council Chambers.
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Susan Bigelow, CMC, City Clerk
Page 2 CouncillRDA Minutes
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02/18/03
MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL
AND REDEVELOPMENT AGENCY, AND A SPECIAL MEETING OF THE
HOUSING AUTHORITY OF THE CITY OF CHULA VISTA
April 8, 2003
6:00 p.m.
Adjourned Regular Meetings of the City Council and Redevelopment Agency and a Special
Meeting of the Housing Authority of the City of Chula Vista were called to order at 7:03 p.m. in
the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista,
California.
ROLL CALL:
PRESENT: Agency/Authority/Councilmembers: Davis, McCann, Rindone, Salas, and
Chair/Mayor Padilla
ABSENT: Agency/ Authority/Councilmembers: None
ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/Authority/
City Attorney Moore, and City Clerk Bigelow
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARING
1. CITY COUNCIL PUBLIC HEARING TO CONSIDER THE ISSUANCE OF TAX
EXEMPT OBLIGATIONS WITH RESPECT TO THE PROPOSED RANCHO VISTA
APARTMENTS AT EASTLAKE
The City has received a request from CIC Eastlake, L.P. to consider the issuance of tax-
exempt obligations to finance the development of a 150-unit affordable housing complex
within the EastLake master planned community. The proposed Rancho Vista Apartments
at EastLake project is located on a vacant 8.25-acre site located on the east side of the
future Eastlake Parkway, approximately 3,000 feet south of Clubhouse Drive. The
Redevelopment Agency and City have received a request for financial assistance for the
project. (Community Development Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Chair/Mayor Padilla opened the public hearing.
Community Development Director Madigan informed the Council that an alternative proposal
for affordable housing at the Olympic Training Center has come forward and is currently under
discussion, although she recommended that the Council/ Agency/Authority proceed to take action
on the Rancho Vista project at this time. She indicated that the alternative proposal would be
brought forward in May, at which time the Council/Agency/Authority may decide with which
project to proceed. Chair/Mayor Padilla asked if, by moving forward with the Rancho Vista
project at this time, the Council/ Agency/Authority would limit any of its options with regard to
the Olympic Training Center project. Ms. Madigan responded negatively.
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PUBLIC HEARINGS (Continued)
Community Development Specialist Hines presented the proposed project, project schedule,
financing considerations, and actions requested of the Councill Agencyl Authority at this time.
Don Lake expressed concern about the lack of low-cost housing and believed staff should study
veterans' preferences, single-room occupancies, and two-master-bedroom floor plans to be
shared by two adults.
There being no one else from the audience wishing to speak, Chair/Mayor Padilla closed the
hearing.
Councilmember Davis commented that the Rancho Vista project is important and should come to
fruition, regardless of the possible Olympic Training Center project.
ACTION:
Agency/Authority/Councilmember McCann offered Housing Authority
Resolution HA-22, Council Resolutions 2003-144 and 2003-145, and
Redevelopment Agency Resolution 1819, headings read, texts waived:
HOUSING AUTHORITY RESOLUTION NO. HA-22, HOUSING
AUTHORITY RESOLUTION REGARDING ITS INTENTION TO ISSUE TAX
EXEMPT OBLIGATIONS FOR A PROPOSED AFFORDABLE
MULTIFAMILY HOUSING PROJECT KNOWN AS RANCHO VISTA
APARTMENTS AT EASTLAKE
COUNCIL RESOLUTION NO. 2003-144, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA PURSUANT TO SECTION
147(F) OF THE INTERNAL REVENUE CODE OF 1986 APPROVING THE
ISSUANCE OF BONDS BY THE HOUSING AUTHORITY OF THE CITY OF
CHULA VISTA FOR THE RANCHO VISTA APARTMENTS AT EASTLAKE
COUNCIL RESOLUTION NO. 2003-145 AND REDEVELOPMENT AGENCY
RESOLUTION NO. 1819, JOINT REDEVELOPMENT AGENCY AND CITY
COUNCIL RESOLUTION CONDITIONALLY APPROVING FINANCIAL
ASSISTANCE, SUBJECT TO FUTURE APPROPRIATION, IN THE FORM
OF RESIDUAL RECEIPTS LOANS FROM THE LOW AND MODERATE
INCOME HOUSING FUND IN AN AMOUNT NOT-TO-EXCEED $1,000,000
AND $500,000 FROM THE HOME INVESTMENT PARTNERSHIP
PROGRAM TO CIC EASTLAKE, L.P., FOR THE DEVELOPMENT OF THE
PROPOSED 150-UNIOT RANCHO VISTA APARTMENTS AT EASTLAKE
The motion carried 5-0.
Page 2 Council/RDAlHousing Authority Minutes
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04/08/03
OTHER BUSINESS
2. DIRECTOR'S REPORTS
There were none.
3. CHAIRIMAYORREPORTS
There were none.
4. AGENCY/AUTHORITY/COUNCIL COMMENTS
There were none.
ADJOURNMENT
At 7:35 p.m., Chair/Mayor Padilla adjourned the Housing Authority and adjourned the
Redevelopment Agency to its Regular Meeting of April 15, 2003, at 6:00 p.m., immediately
following the City Council Meeting in the Council Chambers.
::=.- ~r:( 4.J.J.~J ("
Susan Bigelow, CMC, City Clerk
Page 3 CounciVRDAlHousing Authority Minutes
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04/08/03
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
April 15, 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 8:49 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 Deputy City Clerk Bennett
CONSENT CALENDAR
Councilmember Davis asked that Item No.3 be removed from the Consent Calendar for separate
consideration.
1. APPROVAL OF MINUTES OF April I, 2003.
Staff recommendation: Council! Agency approve the minutes.
2. RESOLUTION NO. 1814, RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVING THE FOURTH AMENDMENT TO THE
GATEWAY CHULA VISTA PROJECT DISPOSTION AND DEVELOPMENT
AGREEMENT (DDA)
The first phase of the Gateway Chula Vista Project has now been completed. Phase II
construction drawings are ready for submittal for building permit, and the Phase II project
should get underway this spring, pending approval of construction financing. This fourth
amendment to the Gateway Chula Vista Project DDA provides for several changes in the
schedule of performance and timing of release of the second and third installment
payments in order to better reflect the revised development schedule and to more
effectively assist the project during Phase [I. (Community Development Director)
Staff recommendation: Agency adopt the resolution.
ACTION:
Chair/Mayor Padilla moved to approve staffs recommendations and offered
Consent Calendar Items No. I and No.2, headings read, texts waived. The
motion carried 5-0
I-to
CONSENT CALENDAR (Continued)
3. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA APPROVING DESIGN REVIEW PERMIT (DRC-03-II) AND ADOPTING AN
OWNER PARTICIPATION AGREEMENT TO ALLOW THE CONSTRUCTION OF A
30,000 SQUARE FOOT BUILDING FOR RET AILlW AREHOUSE USES AT 830 BAY
BOULEVARD WITHIN THE BA YFRONT SPECIFIC PLAN (FOSTER
INVESTMENT CORPORATION)
The applicant has filed applications for a Design Review Permit and a Coastal
Development Permit to develop the subject property. The Bayfront Specific Plan/Coastal
Development Permit Procedure Manual procedurally governs development proposals for
the Bayfront Redevelopment Area and Coastal Zone. The Design Review Committee has
reviewed the application for a Design Review Permit and has forwarded a
recommendation to the Redevelopment Agency. After the Design Review Permit has
been approved, a Coastal Development Permit may be issued by the City Council if the
project is found to be consistent with the policies and provisions of the Local Coastal
Program. The Planning and Environmental Manager has determined that this project will
not have a significant adverse impact on the environment and is categorically exempt
from the California Environmental Quality Act (CEQA) under Class 32, Infill
Development Projects. (Community Development Director)
Staff recommendation: Agency adopt the resolution.
ACTION:
Agency/Councilmember Davis moved to continue Consent Item No. 3 to the
meeting of May 6,2003. Chair/Mayor Padilla seconded the motion, and it carried
5-0.
ORAL COMMUNICATIONS
There were none.
OTHER BUSINESS
4. DIRECTOR'S REPORTS
There were none.
5. CHAIRIMAYORREPORTS
There were none.
6. AGENCY/COUNCIL COMMENTS
There were none.
Page 2 CouncillRDA Minutes
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04/15/03
CLOSED SESSION
7. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION-
Pursuant to Government Code Section 54956.9(a)
City/Agency ys. IT Group, Inc., e1. al. [Case No. 02-10118 (MFW)]
No action was taken on this item.
ADJOURNMENT
At 10:00 p.m., Chair/Mayor Padilla adjourned the meeting to the Regular Meeting of the
Redevelopment Agency on May 6, 2003, at 4:00 p.m., immediately following the City Council
Meeting in the Council Chambers.
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orraine Bennett, Deputy City Clerk
Page 3 Council/RDA Minutes
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04/15/03
PAGE 1, ITEM NO.: ~
MEETING DATE: 05/06/03
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM TITLE: RESOLUTION APPROVING OWNER PARTICIPATION AGREEMENT
WITH THE JENNINGS FAMILY PARTNERSHIP FOR THE
CONSTRUCTION OF A 2,040 SQ. FT. SHOWROOM/OFFICE BUILDING
AND TWO REDWOOD LUMBER STANCHION RACKS AT 3B17 MAIN
STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA
SUBMITTED BY: COMMUNITY DEVELO~tIIENT DIRECTOR I..\\~ (JV\
REVIEWED BY: EXECUTIVE DIRECTORV/~ O"(l/
I
4/STHS VOTE: YES c=J NO
[2]
BACKGROUND
The Jennings Family Partnership, owner of fhe subject site, is proposing to construct a 2,040 sq. ft.
showroom/office building and two 1,680 sq. ft. covered stanchion racks at the site located at 3817
Main Street (see Locator map attached fo OPAl within fhe boundaries of the Southwest
Redevelopment Project Area. The project is being consfructed on a vacant lot, and includes the
construction of a parking lot and landscaped areas.
The proposed land use is consisfent with the developmenf regulation under fhe General Plan,
Southwest Redevelopmenf Plan, and Zoning Ordinance. The City's Environmental Review
Coordinator reviewed the proposed project pursuant to the provisions of the California
Environmenfal Quality Act and determined fhat fhe proposed proiect is a class 32 (in-fill
Development) exemption from CEQA.
Since fhe proposed project is within the Southwest Redevelopment Project Area, the Owner
Participation Agreement (which includes the design plans and a list of conditions) is being presented
to fhe Redevelopment Agency for consideration and approval.
RECOMMENDATION
Staff recommends fhat the Redevelopmenf Agency adopt the resolution approving, subject to
conditions, the Owner Participation Agreement for the development of the subject project at 3817
Main Street.
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PAGE 2, ITEM NO.:
MEETING DATE: 05/06/03
BOARDS/COMMISSIONS RECOMMENDATION
The Design Review Committee reviewed the proposed projecf plans on February 17, 2003 and
recommended approval of the proiect as described in Exhibit A and subject to conditions listed in
Exhibit B of the Owner Participation Agreement.
DISCUSSION
Site Characteristics
The project site is a 2.36-acre vacant parcel locafed on Main Street at fhe south terminus of
Hilltop Drive, locafed wifhin fhe Montgomery Specific Plan and Southwest Redevelopment Projecf
Area. The property is adjacent and across from other industrial and existing legal non-
conforming residenfial uses. An unoccupied, boarded-up and dilapidated single-family used to
be on site and demolished fhrough a City's building demolition permit. The proposed project will
utilize approximately two fhirds of fhe northern part of the site and the southern-most part of the
land will remain undeveloped, as it is an undisturbed native area with a dry creek bed/drainage
channel. The proposed project has been determined to be exempt from environmental review, as
long as the lower part of the property remains undisturbed.
Proiect Description
The proposed project consists of the construction of a 2,040-sq. ft. single-story wood-frame
building for a showroom, including a small office and restrooms. The project also includes the
construction of two 1 ,680-sq. ft. redwood lumber storage stanchion racks fa be located behind
the showroom building. The racks have standing seam metal roof canopies and redwood board
siding that will match the elevations of the showroom building.
The main building, located 30 feet soufh of the property line, will have a 6-ft. wide wood deck
around its full perimeter. At approximafely 26 feet from the property line is a wrought-iron
security fence that extends the entire length of fhe Main Street frontage, wifh two parallel roll-in
wrought-iron security gates to be located at both access driveways. The wroughf-iron design
proposed would be tubular steel. Vinyl-coated chain link fencing is proposed for the east and
wesf property lines, as well as fhe southern boundary of fhe developable area of the parcel.
A 20-ft landscape bufferlplanfer area will be located between fhe wroughf iron fencing and the
property line along Main Street. Additional landscape material is located along the east and wesf
property lines, as well as next to the parking area. The parking lof includes 11 regular spaces for
costumers and employees, is located on the south and east sides of the building, and is
connected to the building (on the south and east sides) by a 7-1 12-ft. sidewalk and the wood
deck. Two parking spaces are designated for persons with physical disabilities. The parking
areas and access driveways contain landscape islands. The parking areas and lumber storage
areas are all paved with asphalt.
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PAGE 3, ITEM NO.:
MEETING DATE:
05/06/03
Land Use Desianations
The surrounding land use designations, zoning and exisfing land uses are shown on the table
below:
North:
South:
West:
East:
General Plan & Montgomery Specific Plan
Land Use Designation:
Resea rch& Li mited I nd ustri a liMa n ufactu ri ng
Resea rch & Li m ited I nd ustri a liMa n ufacturi ng
Resea rch&Li m ited I n d ustria liMa n ufactu ri ng
Resea rch& Li mited I nd usfri a liMa n ufactu ri ng
Zoning:
IL
ILP
ILP
ILP
Existing Land Use:
Hilltop Business Center
Senfry Mini-Storage
Hilltop Main Self-Storage
Single-Family House
The table below depicts, fhe development standards for the Limited Industrial Zone as they relate
fo the proposed project:
STANDARDS: REQUIRED: PROPOSED:
Fronf Bui/dinQ Sefback: 20-ft. 30-ft.
Interior Side Setback: 15-ft. 42/55-ft.
Rear vard setback: O-ft. 380-ft.
BuildinQ Heiaht: 45-ft. 1 7/18-ft.
Parkina Soaces: 7 spaces 11 soaces
The General Plan and Montgomery Specific Plan land use designations for the site are Research
and Limited Manufacturing, while fhe Zoning is Limited Industrial with a Precise Plan modifying
district overlay (ILP). The surrounding land use and zoning designations next to and across the
sfreet from the site are limited industrial. These designations allow a variety of light industrial and
heavy commercial activities, including lumberyards such as the one being proposed os part of this
proiect. Based on type of business fhat will occupy the facility, the proposed project is consisfent with
fhe General Plan, the Southwest Redevelopment Plan, and fhe Zoning Ordinance.
Compliance with Reaulations
The proposed project is consistent with the City's required land use and development standards. As
indicated before, the proposed land use (redwood lumber yard) is adequate for an area such as
Main Street with a variety of light industrial and heavy commercial uses. The access, circulafion and
parking provided meet the required standards. The architecture and design of the building
structure, as well as the landscape plan, were found to be in conformance with the City's Design
Manual by the Design Review Commilfee, who recommended approval of fhe project subject to the
conditions listed in Exhibit B of the OPA. The list of conditions includes fhe normal details and
housekeeping ifems that will insure the project is built per City codes and requirements. The
applicant has agreed to comply wifh all those conditions.
0<-...3
PAGE 4, ITEM NO.:
MEETING DATE:
05/06/03
Conclusion
If is sfaff's opinion that the construction of the proposed building will be beneficial for the City,
because it will put a vocant parcel to a higher and betfer use, bring new development to the area,
and will contribute to the elimination of blighting influences, which further the goals and
objectives of the Southwest Redevelopment Plan. Consequently, staff recommends approval of
the project subject to the condifions atfached to fhe OPA.
FISCAL IMPACT
The proposed project is small in scale and improvements are estimated at approximately $400,000.
Consequently the tax incremenf generated by this project will be minimal.
AnACHMENTS
Atfachment A - Design Review Commitfee Minutes of February 17, 2003
Attachment B - Owner Participation Agreement with the following:
Exhibit A - Design Plans
Exhibit B - Design Review and Agency Conditions of Approval
Exhibit C - Locafor Map
J:\COMMDEV\STAFF.REP\05-06-03\3817 Main Street Agency Reporf.doc
d. - t.J
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA ENTERING INTO AN OWNER
PARTICIPATION AGREEMENT WITH THE JENNINGS FAMILY
PARTNERSHIP FOR THE CONSTRUCTION OF A 2,040 SQ. FT.
SHOWROOM/OFFICE BUILDING AND TWO REDWOOD
LUMBER STANCHION RACKS AT 3817 MAIN STREET WITHIN
THE SOUTHWEST REDEVELOPMENT PROJECT AREA
WHEREAS, the Jennings Family Partnership owns the property at 3817 Main Street, which is
diagrammatically shown in the Locator Map attached as Exhibit C to the Owner Participation Agreement and
incorporated herein by reference; and,
WHEREAS, the Jennings Family Partnership has presented development plans for the construction
of a 2,040-square foot showroom/office building and two 1,680 sq. ft. covered stanchion racks industrial
building and associated lot improvements ("Projecf'); and
WHEREAS, the site for the proposed Project is located within the Southwest Redevelopment Project
Area under the jurisdiction and control of the Redevelopment Agency of the City of Chula Vista; and,
WHEREAS, the City's Environmental Review Coordinator reviewed the proposed Project and
determined it is exempt (Class 32, In-fill project) from CEQA; and,
WHEREAS, the Design Review Committee reviewed and recommended that the Redevelopment
Agency approve the proposed Project subject to the conditions listed in Exhibit B of the Owner Participation
Agreement; and,
WHEREAS, the Redevelopment Agency of the City of Chula Vista has been presented an Owner
Participation Agreement, said agreement being on file in the Office of the Secretary to the Redevelopment
Agency, approving the construction of the Project at 3817 Main Street, depicted in Exhibit A and subject to
conditions listed in Exhibits B of said agreement.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA ViSTA does
hereby find, order, determine and resolve as follows:
1. The proposed Project is exempt from environmental review as a Class 32, in-fill development
project, in accordance with CEQA.
2. The proposed project is consistent with the Southwest Redevelopment Pian and shall implement
the purpose thereof; the project shall assist with the elimination of blight in the Project Area.
3. The Redevelopment Agency of the City of Chula Vista hereby approves the Owner Participation
Agreement with the Jennings Family Partnership for the construction of the Project at 3817 main
Street, in the form presented in accordance with plans attached thereto as Exhibit A and subject
to conditions listed in Exhibits B of said agreement.
4. The Chairman of the Redevelopment Agency is hereby authorized to execute the subject Owner
Participation Agreement between the Redevelopment Agency and the Jennings Family
Partnership.
4. The Secretary of the Redevelopment Agency is authorized and directed to record said Owner
Participation Agreement in the Office of the County Recorder of San Diego, California.
d-S--
Presented by:
Approved as to form by:
fk:~!rlM
Laurie A. Madigan
Community Development Director
c2- ~
Design Review Committee
Minutes
-8-
February 17. 2003
3. DRC-02-73
Jennings Family Partnership for J & W Redwood
3817 Main Street
Chula Vista, CA
Desion Review to construct a 2.040-so. ft. showroom.
office and two 1.680-so. ft. lumber stanchion racks.
Staff Presentation:
Mr. Harold Phelps, Associate Planner stated that the proposal is for construction of a
2,040 sq. ft. single-story wood-frame building for a showroom including a small office and
restrooms. Two 1,680 sq. ft. lumber storage stanchion racks are proposed to be located
behind the showroom building that include standing seam metal roof canopies and
redwood board siding that will match the elevations shown for the showroom building.
Mr. Phelps stated that the architecture of the showroom building and lumber stanchion
racks would consists of board on board siding with standing seam metal hip roofs with
wood fascia boards. The color scheme utilizes forest green for the metal roof, green tinted
glass for all glazing, and bronze anodized aluminum for window and store front door
framing.
In addition, staff stated there was some concern about the visual effect of the wrought iron
gate security fencing which would occur in front of the project. The color of the tubular
steel will need to blend in well with the colors used for the buildings and the conceptual
landscape plan.
STAFF RECOMMENDATION:
Staff recommends that the project be approved subject to conditions shown in the
attached draft Notice of Decision. The applicant is requesting relief from Condition 1 H,
because the redwood cedar would not take well to a graffiti treatment. In addition, there
will also be a security fence around the building.
Resident's Comment:
Mr. Mel Ingles, the owner of the South Bay Industrial Center, stated that his property was
located next door. He was concerned with possible flooding onto his property if the
applicant were to disturb the native area towards the southern property line where a dry
creek bed/drainage channel occurred.
Mr. Phelps stated that this project required a Biological Resource Survey Letter Report
and Phase I Environmental Assessment. On January 27, 2003 it was determined by the
Environmental Project Manager that the proposal would be exempt from CEQA as long as
there were no changes or alterations to the proposed grading, or any use or disturbance of
the area shown on the site plan as being 210-ft. deep undisturbed native area. Mr. Phelps
further stated that the applicant would not be developing that portion of his property where
it runs along the streambed.
J:\HOME\PLANNING\ROSEMARIE\DRC\MIN 2-17-03
d-7
Design Review Committee
Minutes
-9-
February 17,2003
COMMITTEE DISCUSSION:
Chair Morlon explained to the Mr. Ingles that it was not up to the DRC to make any
determinations with regard to the course of the streams. He suggested that he talk with
the Engineering Department regarding his concerns.
Mr. Silvester Evetovich, Civil Engineer, with the City of Chula Vista stated that the
Engineering Department would require that the applicant obtain a grading permit with
grading plans. Part of the grading plan review would be to ensure that the project would
not increase the amount of flows draining towards this natural drainage creek.
Mr. Evetovich stated that one of the views that they looked at conceptually showed a
detention basin at the southerly part of parcel that was going to capture the water and
release it at a control rate. The end product will allow the flows to leave the property
because the applicant was leaving it undisturbed. Mr. Evetovich further added that
typically if a property is developed and there is natural drainage going through the site,
and it is not disturbed or negatively impacted then the applicant is not required to enhance
or develop that drainage.
Mr. Evetovich concluded by saying if there was an existing problem out there, then Mr.
Ingles should take that up with the Engineering Department so it could be reviewed.
The Committee Members discussed the design and color of the project and did not have
any problems with it. Member Mestler asked the applicant if they agreed to the conditions
stated in the draft Notice of Decision.
Mr. Jim Smith, architect with Ken Smith Architects, responded that he concurred with all of
the conditions except for Condition 1 H. He stated that they could not graffiti proof
redwood and that was one of the reasons why they had placed the wrought iron fencing
around the building. With respect to staff's recommendation on changing the color of the
fence, they would be willing to change the color to a brown or a black that would go more
with the building.
MSC (Araiza/Mestler) (4-0-0-1) to approve DRC-02-73 project with the conditions as
stated in the draft Notice of Decision with the removal of Condition 1 H referring to
graffiti treatment. Motion carried.
.;L-~
J:IHOMEIPLANNINGlROSEMARIEIDRCIMIN 2-17-03
Recording Requested By:
CHULA VISTA REDEVELOPMENT AGENCY
276 Fourth Avenue
Chula Vista, CA 91910
When Recorded Mail To:
CHULA VISTA REDEVELOPMENT AGENCY
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Linda Welch
APN: 629-130-33 and 36
(Space Above This Line For Recorder)
OWNER PARTICIPATION AGREEMENT
JenninQs Family Partnership
3817 Main Street
THIS AGREEMENT is entered into by the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a
public body corporate and politic (hereinafter referred to as "AGENCY"), and the Jennings Family Partnership (dba J
& W Redwood) Subject Property Owner hereinafter referred to as "DEVELOPER") effective as of April 15, 2003.
WHEREAS, the DEVELOPER desires to develop real property within the SOUTHWEST REDEVELOPMENT
PROJECT AREA ("Project Area") which is subject to the jurisdiction and control of the AGENCY; and,
WHEREAS, the DEVELOPER has presented plans for development to the Design Review Committee for the
construction of a 2,040 square foot showroom, office building and two 1,680 square foot lumber stanchion racks, as well
as the associated parking, access and circulation, and landscape areas (the 'Project"); and,
WHEREAS, said plans for development have been recommended for approval by said committee; and,
WHEREAS, the AGENCY has considered the Design Review Committee's recommendation and has approved
the Project and design plans subject to certain terms and conditions; and,
WHEREAS, the AGENCY desires that said Project be implemented and completed as soon as it is practicable in
accordance with the terms of this Agreement.
NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows:
1. The property to be developed is described as Assessor's Parcel Numbers 629-130-33, 36 iocated at
3817 Main Street, Chula Vista, CA., shown on locator map attached hereto and by this reference
incorporated herein ("Property").
2. The DEVELOPER covenants and agrees by and for himself, his heirs, executors, administrators and
assigns and all persons claiming under or through them the following:
A. DEVELOPER shall develop the Property with the Project in accordance with the AGENCY
approved development proposal attached hereto as Exhibit" A".
B. DEVELOPER shall obtain all necessary federal/state and local governmental permits and
approvals and abide by all applicable federal, state and local laws, regulations, policies and
approvals in connection with the development of the Project. DEVELOPER further agrees
that this Agreement is contingent upon DEVELOPER securing said permits and approvals.
DEVELOPER shall pay all applicable development impact and processing fees
d - '1
C. DEVELOPER shall obtain building permits within one year from the date of this Agreement
and to actually develop the Property with the Project within one year from the date of
issuance of the building permits. In the event DEVELOPER fails to meet these deadlines,
the Agency's approval of DEVELOPER's development proposals shall be void and this
Agreement shall have no further force or effect.
D. In all deeds granting or conveying an interest in the Property, the following language shall
appear:
"The grantee herein covenants by and for himself, his heirs, executors,
administrators and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any
person or group of persons on account of race, color, creed, national origin
or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure,
or enjoyment of the premises herein conveyed, nor shall the grantee
himself or any persons claiming under or through him establish or permit
any such practice of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees,
subtenant lessees, or vendees in the premises herein conveyed. The
foregoing covenants shall run with the land. '
E. In all leases demising an interest in all or any part of the Property, the following language
shall appear:
'The lessee herein covenants by and for himself, his heirs, executors,
administrators and assigns, and all persons claiming under or through him,
and this lease is made and accepted upon and subject to the following
conditions:
That there shall be no discrimination against or segregation of, any person
or group of persons, on account of race, color, creed, national origin, or
ancestry, in the leasing, subleasing, transferring use, occupancy, tenure,
or enjoyment of the premises herein leased, nor shall the lessee himself or
any persons claiming under or through him, establish or permit any such
practices of discrimination or segregation with reference to the selection,
location, number or use, or occupancy of tenants, lessees, sublessees,
subtenants, or vendees in the premises herein leased. '
3. The Property shall be developed subject to the conditions imposed by the Design Review Committee,
and the AGENCY as described in Exhibit B attached hereto and incorporated herein by this reference.
DEVELOPER acknowledges the validity of and agrees to accept such conditions.
4. DEVELOPER shall maintain the premises in FIRST CLASS CONDITION.
A. DUTY TO MAINTAIN FIRST CLASS CONDiTION. Throughout the term of this Agreement,
DEVELOPER shall, at DEVELOPER's sole cost and expense, maintain the Property which
includes all improvements thereon in first ciass condition and repair, and in accordance with
all applicable laws, permits, licenses and other governmental authorizations, rules,
ordinances, orders, decrees and regulations now or hereafter enacted, issued or promulgated
by federai, state, county, municipal, and other governmental agencies, bodies and courts
having or claiming jurisdiction and all their respective departments, bureaus, and officials.
If the DEVELOPER fails to maintain the Property in a "first class condition", the
Redevelopment Agency of the City of Chula Vista or its agents shall have the right to go on
~- f 0
the Property and perform the necessary maintenance and the cost of said maintenance shall
become a lien against the Property. The Agency shall have the right to enforce this lien
either by foreclosing on the Property or by forwarding the amount to be collected to the Tax
Assessor who shall make it part of the tax bill.
B. DEVELOPER shall promptly and diligently repair, restore, alter, add to, remove, and replace,
as required, the Property and all improvements to maintain or comply as above, or to remedy
all damage to or destruction of all or any part of the improvements. Any repair, restoration,
alteration, addition, removal, maintenance, replacement and other act of compliance under
this Paragraph (hereafter collectively referred to as "Restoration") shall be completed by
DEVELOPER whether or not funds are available from insurance proceeds or subtenant
contributions.
C. In order to enforce all above maintenance provisions, the parties agree that the Community
Development Director is empowered to make reasonable detenninations as to whether the
Property is in a first class condition. If he detennines it is not, he (1) will notify the
DEVELOPER in writing and (2) extend a reasonable time to cure. If a cure or substantial
progress to cure has not been made within that time, the Director is authorized to effectuate
the cure by City forces or otherwise, the cost of which will be promptly reimbursed by the
DEVELOPER.
D. FIRST CLASS CONDITION DEFINED. First class condition and repair, means an efficient
and attractive condition, at least substantially equal in quality to the condition which exists
when the Project has been completed in accordance with all applicable laws and conditions.
5. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein shall run
with the land. DEVELOPER shall have the right, without prior approval of AGENCY, to assign its
rights and delegate its duties under this Agreement. Such assignment or delegation shall not be
effective until DEVELOPER has notified AGENCY in writing. Besides the assignee's or delegate's
name, the notice shall include the new contact infonnation for the assignee or delegate.
6. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein are for
the express benefit of the AGENCY and for all owners of real property within the boundaries of the
PROJECT AREA as the same now exists or may be hereafter amended. AGENCY and DEVELOPER
agree that the provisions of this Agreement may be specifically enforced in any court of competent
jurisdiction by the AGENCY on its own behalf or on behalf of any owner of real property within the
boundaries of the PROJECT AREA.
7. AGENCY and DEVELOPER agree that this Agreement may be recorded by the AGENCY in the Office
of the County Recorder of San Diego County, Califomia.
8. DEVELOPER shall and does hereby agree to indemnify, protect, defend and hold hannless AGENCY
and the City of Chula Vista, and their respective Council members, officers, employees, agents and
representatives, from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and reasonable attomeys' fees (collectively, "liabilities") incurred by the AGENCY
arising, directly or indirectly, from (a) AGENCY's approval of this Agreement, (b) AGENCY's or City's
approval or issuance of any other pennit or action, whether discretionary or non-discretionary, in
connection with the Project contemplated herein, and (c) DEVELOPER's construction and operation of
the Project permitted hereby.
9. In the event of any dispute between the parties with respect to the obligations under this AGREEMENT
that results in litigation, the prevailing party shall be entitled to recover its reasonable attorney's fees
and court costs from the non-prevailing party.
10. Time is of the essence for each and every obligation hereunder.
r::::J-f/
11. If DEVELOPER fails to fulfill its obligations hereunder after due notice and reasonable opportunity to
cure, DEVELOPER shall be in default hereunder, and in addition to any and all other rights and
remedies AGENCY may have, at law or in equity, AGENCY shall have the right to terminate its
approval of the Project and this Agreement.
12. Developer and Agency agree that, notwithstanding Section VI (A), Types of Participation, Conforming
Owners of the Rules Governing Participation and Re-Entry Preferences for Property Owners,
Operators, or Businesses, and Tenants in the Southwest Redevelopment Project Area, adopted by the
Agency on September 1990, the Agency expressly retains its right to exercise its eminent domain
powers as it relates to the Property.
13. All notices, demands or requests (hereinafter "notices") provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices to be sent to any party shall be deemed to have been
properly given or served if personally served or deposited in the United States mail, certified or
registered, retum receipt requested, addressed to such party at the addresses listed below. A party
may change the address where notices are to be delivered by giving notice pursuant to this Section,
but shall not require a party to serve or mail notices to multiple address
AGENCY: CHULA VISTA REDEVELOPMENT AGENCY
276 Fourth Avenue
Chula Vista, CA 91910
DEVELOPER: Jennings Family Partnership
3817 Main Street
Chula Vista, CA 91911-6211
Signature Page Follows
c2-IL
04(30(2003 08:49
7507419437
CJ WHOLESALE
PAGE 02
Signature Page
IN WITNESS WHEREOF THE PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE AS OF THE OATE
FIRST WRITTEN ABOVE,
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
"AGENCY.
DATED:
By:
Stephen Padilla, Chairman
"DEVELOPER"
DATED: i fa- 't /03
r
r-- -..
By:'
Clyde nnjAg. General Pa er
Jennings fl'ltm Iy Partnership
NOTARY: Please attach acknowledgment carel.
APPROVED AS TO FORM BY:
Ann Moore. Agency Attorney
.;2 -(3
04/30/2003 08:49
7507419437
ALL-PURPOSE ACKNOWLEDGEMENT
State of CaJif~ia
County of ':J<.l ,J ..D ( (t- d
t.j "2- 9' ,- d3
I DATE I L
personally appeared C '/ fJJ2
CJ WHOLESALE
PAGE 03
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OPTIONAL INFORMATION
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CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
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o CORPORATE OFF1CER
TITLElS)
o PARTNER(S)
o ATTORNEY-IN-FACT
o TRUSTEE(S)
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VALLEY-SIERRA, 800-36~-3369
02.-,1
EXHIBIT A
Design Plans
Owner Participation Agreement
Jennings Family Partnership
3817 Main Street
Chula Vista, CA
Exhibit A
Design Plans
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J & W REDWOOD
3817 MAIN STREET
CHULA VISTA, CALIFORNIA
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EXHIBIT B
Conditions of Approval
Owner Participation Agreement
Jennings Family Partnership
3817 Main Street
Chula Vista. CA
DESIGN REVIEW CONDITIONS
1. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject
property in reliance on this approval, the applicant shall satisfy the following requirements:
PlanninCl and BuildinCl Department Conditions:
A. Provide building elevations and site plan incorporating all conditions of approval. The building elevations and
site plan shall be submitted for review and approval by the Director of Pianning and Building prior to issuance of
building permit.
B. A Planned Sign Program shall be submitted for review and approval by the Design Review Committee for any
wall and monument signage. The approval of the Planned Sign Program shall be required prior to issuance of
building permits for a monument sign or any wall signage.
C. Provide Planting and Irrigation plans incorporating all conditions of approval. Prior to issuance of building permit,
the applicant shall submit a revised Conceptual Landscape Plan for review and approval by the Landscape
Planner in addition to the Planting and Irrigation plans.
D. Provide a Water Management Plan in conjunction with the Conceptual Landscape Plan for review and approval
by the Landscape Planner prior to issuance of building permit.
E. A Fencing Plan shall be provided indicating all perimeter fencing to be provided. The fencing plan shall be
required in conjunction with the Planting and Irrigation plans for review and approval by the Landscape Planner
prior to the issuance of building permit.
F. Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.020 of the Municipal
Code. A lighting plan shall be provided that includes details showing that the proposed lighting shall be
shielded to remove any glare from adjacent properties and the freeway, and shall be reviewed and approved to
the satisfaction of the Planning and Building Director.
G. All building permit plans shall be reviewed for conformance with this Design Review permit. Building Plans shall
comply with the 2001 California Building, Mechanical, Plumbing, Electrical Codes and Handicapped
Accessibility requirements as well as 2001 Title 24 energy requirements. A soils report shall be provided prior
to issuance of building permit.
Fire Department Conditions
H. Follow the Fire Department policy prior to any combustible construction arriving on the site. An inspection
schedule shall be made with the Fire Department prior to issuance of building permit.
I. A fire hydrant shall be required and located at the front of the property on Main Street. The Fire Department
Connection (FOG) and Post Indicator Valve (PIV) shall be located in front of the showroom building near Main
Street.
OJ.-c2..J
EXHIBIT B
Conditions of Approval
Owner Participation Agreement
Jennings Family Partnership
3817 Main Street
Chula Vista, CA
J. Building plans must include the installation of a fire alarm system as required per California Fire Code,
Appendix 111-8. The fire alarm system and fire hydrant must be approved prior to issuance of building permit.
Public Works Department Conditions:
K. A grading permit shall be required prior to issuance of any buiiding permits. A geo-technical investigation and
soiis report, inciuding foundation recommendations, corrosivity, and lab-testing results shall aiso be required at
that time.
L. Lot consolidation will be required if any buiidings cross over property lines. Lot consolidation shall be completed
prior to obtaining buiiding permits.
M. The Public Works Department Engineering Division will require the guarantee and installation, prior to issuance
of buiiding permits, of street improvements along Main Street, inciuding the following:
a. The dedication of right-of-way in order to provide a half-street right-of-way of 51 feet to match the
existing right-of-way along Main Street;
b. The installation of curb, gutter and 8-11. sidewalk per Chula Vista Design Standards, 41-11. from
centerline to face of curb;
c. The relocation of the existing streetlight with a 25G-watt HPSV;
d. Two driveway approaches per Chuia Vista Construction Standard No.1.
N. Applicant shall pay all applicable fees, including the Public Works Department Engineering Division fees for
sewer capacity and connections, development impact for public facilities, and traffic signal fees as defined in the
development checklist for the building permit application.
O. A drainage study shall be completed and submitted with the grading plans to demonstrate the amount of flows
contributed by this project and the adequacy of facilities to handle these flows. In addition, the project shall be
designed such that flows are directed away from neighboring properties. The drainage study shall also
demonstrate the amount of flows contributed by this project and the adequacy of facilities to handle these flows.
Post-developed flows shall not exceed pre-developed flows, and will not increase the erosion potential of the
downstream natural channel.
P. The project is a Priority Development Project according to Section f.1.b. (2)(a) of the MunCipal permit of the
National Pollutant Discharge Elimination System (NPDES) (creation of at least 5,000-sq. II. of impervious
surfaces). Applicant shall comply with the NPDES Municipal Permit Order No. 2001-01 requires compliance
with Standard Urban Storm Water Mitigation Plans (SUSMP) requirements, and numeric sizing criteria.
Q. Implement Best Management Practices (BMP's) to prevent pollution of the storm water conveyance systems
both during and allerconstruction. The grading and improvement plans shall inciude temporary and permanent
erosion control and pollution prevention components, as well as all drainage facilities.
R Building permit plans shali identify and clearly iabel the existing sewer facility that will serve the project, and
show the connection to the existing sewer line.
S The trash enclosure area shall be covered and bermed to prevent polluted water runoff onto paved areas. The
parking lot areas shall meet ADA requirements for accessibility
C2-~::;-
EXHIBIT B
Conditions of Approval
Owner Participation Agreement
Jennings Family Partnership
3817 Main Street
Chula Vista. CA
Police Department Conditions:
1. Obtain a security survey from the Crime Prevention Unit of the Police Department. Specific recommendations
shall be provided for access control, surveillance detection, and pOlice response. In addition, training of
management and employees in security procedures and crime prevention shall coincide with the
commencement of operations. The Crime Prevention Unit should be contacted at 691-5127 for more
infonnation.
Outside AQency Conditions:
U. The applicant shall contact the Sweetwater Authority Water Districtfor availability of water for operational and
fire protection purposes. The applicant may be required by the Sweetwater Authority to pay a reimbursement to
a previous developer of $2,240.14 for upgrades to the system done in 1992, pursuant to Reimbursement
Agreement # 000026 on file with the Sweetwater Authority. All fees and deposits shall be provided at the
building pennit stage.
V. The appiicant shall contact the Sweetwater Union High School District and the Chula Vista Elementary School
District to detennine the school fees that shall be paid prior to issuance of the building pennit.
2. Priorto use or occupancy of the property in reliance on this approval, the following requirements shall
berne!:
A. The site shall be developed and maintained in accordance with the approved plans that include site plans.
architectural elevations, exterior materials and colors, landscaping, and grading on fiie in the Planning Division,
the conditions contained herein, Title 19, and the Montgomery Specific Plan.
B. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval
shall be completed to the satisfaction of the Planning Director.
C. All landscape and hardscape improvements shall be installed in accordance with the approved landscape plan
and the comments of the City Landscape Planner.
D. All lumber storage shall meet high pile storage requirements as referenced in the California Fire Code 2001
Edition. Any storage racks used that exceed a-ft. in height shall be submitted for additional building plan review
prior to occupancy.
E. Provide a Knox box for the entrance to the building, Automated gates are required to have an Opticom and
Knox key switch. The Fire Department connection shall not be located with the back flow preventor. A one-way
check valve between the post indicator valve and the Fire Department connection is required. The back flow
preventor shall be screened from view.
F, Provide a fire extinguisher for every 3,OOO-sq. ft, of floor area or every 75-ft, of travel distance, with a minimum
rating of 2A-1 OBC,
~-c:L(."
EXHIBIT B
Conditions of Approval
Owner ParticipatiDn Agreement
Jennings Family Partnership
3817 Main Street
Chula Vista, CA
G. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of
public view and adequately screened through the use of a combination of concrete or masonry walls, berming,
and/or landscaping to the satisfaction of the Planning Director.
H. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be
shielded from view and the sound buffered from adjacent properties and streets as required by the Planning
Director. Such screening shall be architecturally integrated with the building design and constructed to the
satisfaction of the Planning Director. Details shall be included in buiiding plans.
I. The Design Review approval shall expire if building permits are not issued or the approved use has not
commenced within one year from the date of this approval, unless a written request for an extension is received
prior to the expiration date.
3. The following on-going condition shall apply to the subject property as long as it relies upon this
approval.
A. 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.
B. Buildings and Landscaping shall be maintained according to the approved plans unless modifications are
approved by the City of Chula Vista.
C. All treated lumber shall be stored under cover; otherwise treatment will be required to prevent runoff of polluted
water containing chemicals to flow into the drainage systems or environmentally sensitive areas.
D. No outdoor storage of materials, industrial activities or vehicular maintenance or washing is permitted on the
site.
E. The County of San Diego shall be notified of storage of hazardous material on the site.
F. Fire lanes are to have an unobstructed width of not less than 20-ft. width and 13-1/2-ft. vertical clearance.
G. No storage shall be allowed within 10-ft. of the property lines, and no storage shall be allowed to exceed 20-ft. in
height. Any storage racks 12-ft. in height with an area of SOD-sq. ft. shall be required to have a high piled
storage permit. High piled combustible storage must comply with Article 81.
H. A fire flow of 1, 500 gallons per minute for a two (2) hour duration must be provided. An internal notification
device to indicate water flows shall be located in a constantly attended location along with a manual pull station.
I. This Design Review 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 Permittee and after the City has given 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.
J\HOME\COMMDEVlTAPIAIPROJECTS\3817 MAIN STREET\3817 MAIN STREET OPA (April 30, 20031225 PM)]
~-.,27
EXHIBIT C
Locator Map
Owner Participation Agreement
Jennings Family Partnership
3817 Main Street
Chula Vista, CA
Locator Map
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DEICRIPTlON:
C9 APPUCAN'r. JENNINGS FAMILY PARTNERSHIP DESIGN REVIEW WIINITIAL STUDY
PROJECT Request: Proposal for a 2,040aq.1L rwN building to
AllDRESS: 3817 MAl N STREET
showcase the dl1Terent finishes from J&W R<<twood with
lICALI!: I Fl.E NUMIER: o1Iices, i=~ and an adjacenllumber yard.
NORTH No Scale DRC..Q2.73 Relal8d s : 1$-02-051
j:\homelplanning\cherrylcUocators'ilrc0273.cdr 11.15.02
d':'~'1
PAGE 1, ITEM NO.: .3
MEETING DATE: 05/06/03
REDEVELOPMENT AGENCY AGENDA STATEMENT
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING DESIGN REVIEW PERMIT (DRC-03-11)
AND ADOPTING AN OWNER PARTICIPATION AGREEMENT TO
ALLOW THE CONSTRUCTION OF A 30,000 SQUARE FOOT
BUILDING FOR RETAIL/WAREHOUSE USES AT 830 BAY
BOULEVARD WITHIN THE BAYFRONT SPECIFIC PLAN (FOSTER
INVESTMENT CORPORATION).
SUBMlnED BY: COMMUNITY DEVELOP~ENT DIRECTOR l..-\J\. f\.
ITEM TITLE:
REVIEWED BY:
EXECUTIVE DIRECTOR'" / i)'i"
,
4/51HS VOTE: YES c=J NO
~
This item was continued from the meeting of April 15. Although fhe item was pulled from the
consent calendar, no action was taken at that fime. Staff subsequently met wifh Council member
Davis to address her concerns regarding potential future uses and operations on the site. No
changes have been made fo the agenda statement and resolufion. However, the owner
participafion agreement (OPA) was amended fo address the concerns.
Section 1.E. was added fo the OPA that binds the developer fo addifional conditions to ensure
that fhe use of the property is consisfent with the vision, goals, and other policies for the Bayfront.
The additional conditions prohibit fhe following: Outdoor uses and storage, oufdoor
mainfenance and repair, parking of vehicles other fhan aufomobiles, and frucks and frailers
exceeding 55 feef in length. These conditions will insure fhaf potenfial warehouse operafions on
the site do not result in aesthefic impacts to a fufure gateway to the Bayfront area.
nCOMMDEV\STAFF.REP\05-13-03\Mar;na Gateway.dac
-3
PAGE 1, ITEM NO.:
MEmNG DATE:
J
1)4/1 S;'83 _
~((.,I 03
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING DESIGN RMEW PERMIT (DRC-03-11)
AND ADOPTING AN OWNER PARTICIPATION AGREEMENT TO
ALLOW THE CONSTRUCTION OF A 30,000 SQUARE FOOT
BUILDING FOR RETAlL/WAREHOUSE USES AT 830 BAY
BOULEVARD WITHIN THE BAYFRONT SPECIFIC PLAN (FOSTER
INVESTMENT CORPORATION).
SUBMlnED BY: COMMUNITY DEVELOP~ENT DIRECTOR ~-Q, U\
REVIEWED BY: EXECUTIVE DIRECTOR~ JI
lilt'"
II
4/STHS VOTE: YES D NO 0
BACKGROUND
The Applicant, Foster Investment Corporation, has filed applications for a Design Review Permit
and a Coastal Development Permit to develop the subject properly. Development proposals for
the Bayfront Redevelopment Area and Coastal Zone are procedurally govemed by the Bayfront
Specific Plan/Coastal Development Permit Procedures Manual. The Design Review Committee
has reviewed the application for a Design Review Permit and has forwarded a recommendation
to the Redevelopment Agency. After the Design Review Permit has been approved, a Coastal
Development Permit may be issued by the City Council if the project is found to be consi.stent with
the policies and provisions of the Local Coastal Program. The Planning and Environmental
Manager has determined that this project will not have a significant adverse impact on the
environment and is categorically exempt from the Califomia Environmental Quality Act (CEQA)
under Class 32, Infill Development Projects.
RECOMMENDATION
Staff recommends that the Agency adopt a resolution approving Design Review Permit (DRC-03-
11), based on findings of fact and subject ta conditions of approval, and approving an Owner
Participatiqn Agreement.
BOARDS/COMMISSIONS RECOMMENDATION
On March 17, 2003, the Design Review Committee voted (3-0) to recommend that the Agency
approve Design Review Permit (DRC-03- 11), based"on findings of fact and subject to conditions
of approval.
.,3-1'
PAGE 2, 111M NO.:
MEEIING DATE:
DISCUSSION
MtT5703
6( reo (0--2;
PROPOSAL
The applicant is proposing to develop the subject property with 0 30,000 square foot building for
retail/warehouse uses. Building construction would consist of concrete tilt-up panels, storefront
windows, metal screens, and glass block. Associated site improvemenls would include parking
and landscaping.
PROJECT SmlNG
The project site is a triangular-shaped parcel that is 3.625 acres in size. The parcel has 1,012
feet of frontage along Bay Boulevard to the east, 962 feet along the San Diego & Arizona Eastern
Railway right-of-way to the west, and 314 feet along ils north property line. The project site
shares ils northern boundary with an existing development that consists of 0
commercial/industrial building, which currently houses the offices of the San Diego Counly
Health and Human Services Deportment and the Pima Medical Group.
The parcel is locafed on the west side of Bay Boulevard, which ramps up to the L Street overpass
over Interstate 5. There is approximately a 37 -foot elevation difference between the northeast
comer of the property and the intersection of L Street and Boy Boulevard. . This elevation
difference, along with mature plantings in the 1-5 right-of-way, substantially obscures views of the
site from the freeway and existing land uses to the east and south. Beyond the railroad right-of-
way to the west is the San Diego Port District's property, which includes the South Bay Power
Plant. A mature grove of trees located on the Port District property along the rail line screens
views of the site from the west.
The parcel is largely undeveloped with portions paved and improved for parking. The lot was
previously groded for drainage and erosion control in 1985 as part of the development of the
property to the north, which was also developed by the current project applicant. The subject
property is Parcel 7 of Parcel Mop No. 13581, which was recorded in 1984. This parcel map
created seven parcels along both sides of Bay Boulevard, south of I Street and north of L Street.
Parcels 2, 4, and 7 ore the remaining undeveloped parcels.
ANALYSIS
Land Use
The proposed use of the site for retoil/warehouse uses is consistent with the Bayfront Specific
Plan, Subarea 2, land use classification of General Industrial. This land use district allows a wide
range of uses, including food sales ond service, convenience sales ond service, general retail
sales, wholesale sales, warehousing, light industrial, and general industrial. The Bayfront Specific
Plan is incorporated in ils entirely into the General Plan as the Bayfront Community Plan by
reference and is therefore consistent with the General Plan. The Local Coastol Program Land Use
Plan also references the Bayfront Specific Plan as ils Implementation Program.
.3~:2.-.
DeveloDment Standards
PAGE 3, ITEM NO.:
MlDING DATE: 04'1 ilea
.;:y! ~ I 03
The proposed project would exceed the Bayfront Specific Plan development standards for the
General Industrial land use district, as indicated in the following table.
Standard
Floor Area Ratio
Front Yard Setback
Side Yard Setback
Side Yard Setback (ext.)
Rear Yard Setback
Building Height
Parking Spaces
Requirement
0.5 (max.)
20 feet
20 feet
15 feet
o feet
44 feet (max.)
150 (min.)
Bulldlna
Proposed
0.2
59 feet
195 feet
468 feet
47 feet
28 to 36 feet
152
The proposed building footprint is irregular in shape and conforms to the irregular shape of the
site, which is deepest along the north property line and narrows down to the southernmost point.
The front (east) elevation of the building would be approximately 290 lineal feet wide, the rear
(west) elevation also approximately 290 feet, the north elevation 118 feet, and the south
elevation 55 feet. The building would be constructed primarily of concrete tilt-up panels ranging
in height from 28 to 36 feet.
The highest point would be at the main entry at the northeast comer of the building. This entry
would be concave-shaped -and consist of glass block installed in a checkered pattern framing a
glass storefront system. The adjacent walls along the north and east elevations would gradually
decline from 36 feet in height to 28 feet at the northwest and southeast corners of the building.
The remaining walls along the west (rear) and south elevations would maintain a uniform 28-foot
height. A decorative metal screen would top the building along all four elevations. Tinted
storefront windows would be provided along the north, east, and west elevations
A canopy made of a perforated galvanized metal screen would be installed 13 feet above grade
along the entire length of the front elevation of the building as well as along the north elevation
and partially along the south elevation. This canopy would project horizontally approximately
three to twelve feet from the wall faces and would be articulated by suspending struts installed
perpendicular to the wall faces and by supporting metal framed entryways at five secondary
entrances to the building. -
Although typical materials and construction systems found in commercial/industrial applications
are used in the proposed building design, they are used in a manner that is both functional and
decorative. The canopy and supporting structures serve as shelter/screening while adding
aesthetic interest to the building. The irregular footprint of the building ilself and its inclined wall
elevations are unique and in fact compliment the irregular shape of the parcel and the elevation
3-3
PAGE 4, 111M NO.:
MEmNO DATI: 04,". oil 5'3
OS-(Ob(C3
differences between the site and the adjacent landscaped right-of-way. The glass block entry
creates a distinct focal point for the building.
Prior to the issuance of building permits, a sign program would be required to be submitted to
the Design Review Committee for review and approval pursuant to the Bayfront Sign Program
(Appendix B of the Bayfront Specific Plan).
Parklna and Circulation
Based on the ratio of one space per 200 square feet of retail floor area, 150 parking spaces are
required. The proposed parking would exceed the required number of parking spaces by
providing approximately 152 parking spaces on site. The ratio for warehousing is one space per
1,000 square feet of floor area; a requirement for 30 parking spaces. The higher retail parking
ratio is applied as the required parking for the proposed project.
An existing driveway off of Bay Boulevard would provide access to the site. The existing
development to the north currently uses this driveway as a second access point. A shared
driveway for the adjacent properties would be desirable in terms of traffic safety and circulation
by limiting access points and potentially conflicting tum movements along Bay Boulevard. Foster
Investment Corporation currently owns both properties; however, in the event that one property
changes ownersf)ip, a reciprocal access easement sholl be required between the two properties.
A minimum 24-ft. wide driveway would be provided around the entire building to serve parking
and loading needs, os well os fire access. Service entrances and roll-up doors on the rear (west)
elevation of the building provide for loading and access while reducing visibility from Bay
Boulevard. An existing grove planting on. the Power Plant Site along the railway right-of-way
creates 0 visual buffer from the west.
LandscaDina
The conceptual landscape plan provides for ground cover and shrubs along the base of the
building; trees and shrubs in the parking lot planters; and groundcover, lown, shrubs and trees
along the Bay Boulevard frontage. Final landscape and irrigation plans will be required to be
reviewed and approved by the Ci1y Landscape Planner for compliance with the Ci1y Landscape
Manual prior to the issuance of building permits.
Conformance With Desian Manual
The proposed project is consistent with the City Design Manual in terms of site layout, access and
circulation, parking, screening, compatibility, architecture, materials, and landscaping.
CONCLUSION
The proposed project is consistent with adopted land use policies and complies with all
applicable development standards. The Design Review Committee's responsibility is limited to
.3 -'I
PAGE S, 111M NO.:
MElliNG DATE: .ft411S,'03
oS-(ore(o:!;
the review of site plans, landscaping, and the exterior design of buildings. Their deliberations
and action was specific to the project's conformance with the City's Design Manual; in doing so,
the Committee used its discretion in determining that the design aspects of the project conform to
the Design Manual. The Committee has recommended approval, subject to conditions.
FISCAL IMPACT
The total valuation of the proposed improvements is estimated to be $1,200,000. Consequently,
the annual. net tax increment would be estimated to be $12,000, and the annual low/moderate
housing set aside would be $2,400.
J;\COMMDEV\STAFF.REP\04-1S-03\Marina Gateway.doc
,3-$""
RESOLUTION NO.
1 . Project Site
WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Exhibit A
attached hereto and incorporated herein by this reference, and for the purpose of general description is
located at 830 Bay Boulevard, Chula Vista; and
2. Project Application
WHEREAS, on August 12, 2002 a duly verified application for a Design Review Permit (DRC-03-
11) was filed with the City of Chula Vista on behalf of Foster Investment Corporation (Applicant); and
3. Project Description; Application for Design Review Permit
WHEREAS, Applicant requests Design Review Permit approval to develop a 30,000 square foot
buiiding for retaiilwarehouse uses (Project) as depicted in plans on file with the Community Development
Department; and
4. Design Review Committee Record on Application
WHEREAS, the Design Review Committee held a duly noticed public hearing to consider said
application on March 17, 2003 and after considering all evidence and testimony presented recommended
by a vote of 3-0 that the Redevelopment Agency APPROVE Design Review Permit (DRC-03-11 ); and
5. Redevelopment Agency Record on Application
WHEREAS, a duly called and noticed public hearing on the Project was held before the
Redevelopment Agency on April 15, 2003 to receive the recommendation of the Design Review
Committee and to hear public testimony with regard to same;
NOW, THEREFORE, BE IT RESOLVED that the Redeveiopment Agency does hereby find,
determine, and resolve as follows:
B. DESIGN REVIEW COMMITTEE RECORD
The proceedings and all evidence on the Project introduced before the Design Review Committee
at their public hearing on this Project held on March 17; 2003 and the minutesresuiting therefrom, are
hereby incorporated into the record of this proceeding.
C. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has prepared a Notice of Exemption in accordance with
the requirements of the Califomia Environmental Quality Act, and the Environmental Review Procedures
of the City of Chula Vista.
..3 - "
D. CONFORMANCE WITH DESIGN MANUAL
The Redevelopment Agency of the City of Chula Vista does hereby find that the Project is in
conformance with the City Design Manual, as herein below set forth, and sets forth, thereunder, the
evidentiary basis that permits the stated finding to be made.
1. Placement of structures should consider the existing built context of the industrial araa.
The proposed building is appropriately located to meet all required setbacks, provide for vehicular
circulation, and maximize access to parking and loading areas. The building is also designed to
conform to the irregular shape of the lot. The size and scale of the proposed building is
compatible with the nearest commerciaVindustrial building to the north. The building's placement
also allows for shared access and parking.
2. Site access and internal circulation should promote safety, efficiency and convenience.
Avoid conflicts between vehicles and pedestrians, etc.
A driveway is proposed around the building to maximize vehicular circulation, access to parking
and loading areas, and fire access. Loading and service access is provided at the rear of the
building, opposite most of the storefront entrances. The shared driveway with the adjacent
property to the north would minimize traffic tuming movements onto Bay Boulevard.
3. The industrial site should be a self-contained development capable of accommodating its
own automobile and truck parking needs.
The proposed parking would exceed the minimum requirements for retail and warehouse uses.
4. Separate vehicular and pedestrian circulation systems should be provided whenever
possible.
Sidewalks are provided along all storefront elevations of the building and from Bay Boulevard.
Accessible curb ramps and painted pedestrian crossings are incorporated into the circulation
design.
5. Walls serve a major function in the industrial landscape to provide security and to screen
automobiles, loading and storage araas, and utility structuras.
No walls are proposed other than for trash enclosures. No other storage areas are proposed.
The building itself serves to screen service entrances located to the rear of the building. The
open layout of the site would be consistent with the existing development adjacent to th e north.
6. There is no particular architectural style required for industrial structures.
The proposed architecture is appropriate for a commerciaVindustrial building and would be
compatible with other existing industrial and commercial buildings in the area.
7. Heights and setbacks within the same building should be varied and wall planes should
be staggered both horizontally and vertically in order to create pockets of light and shadow and
provide visual relief from monotonous uninterrupted expanses of wall.
The proposed building is irregular in shape and uses varied wall heights, canopies and projecting
supporting structures, offset entryways, and varied construction materials to create visual relief in
an industrial building.
B. Colors and material should be consistent with the chosen architectural style and
compatible with the character of surrounding development.
.3 -7
The proposed colors and materials are consistent with the contemporary architecture of the
building, which in tum is compatible with the surrounding industrial development. Colors and
materials samples are required to be submitted to the Design Review Committee for review and
approval.
9. All mecbanical equipment shall be screened from view.
This requirement is a condition of approval.
10. Areas not coVftred by structures, drives, parking, or paving should be appropriately and
professionally landscaped.
Final landscape and irrigation plans wl!1 be required to be reviewed and approved by the City
Landscape Planner for compliance with the City Landscape Manual.
E. TERMS OF GRANT OF PERMIT
The Redevelopment Agency of the City of Chula Vista does hereby approve Design Review
Permit (DRC-03-11) subject to the following conditions:
1. Prior to the issuance of building permits, a sign program shall be submitted to the Design
Review Committee for review and approval pursuant to the Bayfront Sign Program.
2.. Poor to the issuance of building permits, colors and materials samples shall be submitted to
the Design Review Committee for review and approval.
.3. Prior to the issuance of building permits, a landscape and irrigation plan and a water
management plan shall be submitted to the City Landscape Planner for review and approval.
4. Prior to the issuance of building permits, a lighting plan/program shall be submitted to the
Zoning Administrator for review and approval.
5. Prior to the issuance of building permits, the developer shall contribute one half of one
percent of the building valuation to be deposited as funds with the City and to be used at the
discretion of the Redevelopment Agency, in consultation with the developer, In creating and
funding significant works of art (Redevelopment Agency Resolution No. 624).
6. The Applicant shall comply with all applicable codes and regulations and the requirements of
the Planning and Building Department, the Public Works Department, the Community
Development Department, the Fire Department, and any other federal, state, or local
responsible agency.
7. A reciprocal access easement for the shared driveway on Bay Boulevard shall be provided
for the subject property and the adjacent property to the north in the event that ownership
changes on either parcel. Any reciprocal access or parking easements shall not reduce the
provided parking beyond the minimum required number of parking spaces on site.
8. All utility boxes, cabinets, pedestals, vaults, poles, condensers, transformers, HV AC, ducts,
valves, meters, antennas, and similar equipment shall be screened and/or located out of
public view and any noise buffered from adjacent streets and properties. Any screening shall
be architecturally integrated into the building design.
9. A graffiti resistant treatment shall be specified for all wall and building surfaces. Th is shall be
noted on any building and wall plans and shall be reviewed and approved by the Planning
Director prior to issuance of building permits. Additionally, the project shall conform to
Sections 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control.
10. No outdoor storage, vehicular maintenance, or other outdoor uses shall be permit1ed on the
subject property.
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11. The project shall be constructed in substantial conformance with the approved application
and plans, unless otherwise modified herein, and shall be maintained in substantial
conformance therewith.
12. Design Review Permit (DRC-03-11) shall expire if building permits are not issued or the
approved use has not commenced within one year from the date of approval, unless a written
request for an extension is received prior to the expiration dale.
13. This permit shall be subject to any and all new, modified, or deleted conditions imposed after
approval of this permit to protect the public from a specific condition dangerous to its health
or safety or both due to the project, which condition(s) the City shall impose after advance
written notice to the permittee and after the City has given 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 permittee of a substantial revenue source which the
permittee cannot, in the normal operation of the use permitted, be expected to economically
recover.
14. The Applicant and property owner shall and does hereby agree to indemnify, protect, defend,
and hold harmless City and Agency, its Council members, officers, employees, agents and
representatives, from and against all liabilities, losses, damages, demands, claims and costs,
including court costs and attomey's fees (collectively, liabilities) incurred by the City arising,
directly or indirectly, from a) City's approval and issuance of this 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, and without limitation, any and all liabilities
arising from the operation of the facility. Applicant and property owner shall acknowledge
their agreement to this provision by executing a copy of this special land use permit where
indicated below. The Applicant and property owner's compliance with this provision is an
express condition of this permit, and this provision shall be binding on any and all of the
Applicant and property owner's successors and assigns.
F. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the Applicant 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 Recorder's Office of the County of San Diego, and a signed, stamped copy returned to the
Community Development Department. Failure to retum a signed and stamped copy of this recorded
document within ten days of recordation to the Community Development Department shall indicate the
property owner/Applicant's desire that the Project, and the corresponding application for building permits
and/or a business license, be held in abeyance without approval. Said document will also be on file in the
Community Development Department's files and known as Resolution No_.
Signature of Property Owner/Applicant
Date
Date
Signature of Property Owner/Applicant
G. CONSEQUENCES OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, and any of such conditions fail to be so implemented and maintained aeconding to
their terms, the Redevelopment Agency shall have the. right to revoke or modify all approvals herein
granted; deny or further condition issuance of Mure building permits; deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute,
J -C/
litigate, or compel their compliance; or seek damages for their violations. Applicant or successor in
interest gains no vested rights by the Redevelopment Agency approval of this Resolution.
H. INVAliDITY; AUTOMATIC REVOCATION
It is the intention of the Redevelopment Agency that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision, and condnion herein stated; and that in the
event that anyone or more terms, provisions, or condnions 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.
I. NOTICE OF EXEMPTION
. The Project will not have significant adverse impact on the environment and is exempt from the
California Environmental Quality Act (CEQA) under Section 15332 Infill Development Projects, Class 32.
BE IT FURTHER RESOLVED that the Redevelopment Agency does hereby approve an Owner
Participation Agreement to allow the construction of a 30,000 square foot building for retaillwarehouse
uses at 830 Bay Boulevard.
PRESENTED BY
APPROVED AS TO FORM BY
Laurie Madigan
Director of Community Development
J:\COMMDEVlRESOSIRESO . Marina Galeway.doc
j...lf)
Recording Requested By:
CHULA VISTA REDEVELOPMENT AGENCY
276 Fourth Avenue
Chula VISta. CA 91910
When Recorded Mail To:
CHULA VISTA REDEVELOPMENT AGENCY
276 Fourth Avenue
Chula VISta. CA 91910
Attn: Unda Welch
APN: 571-250-17-110
(Space Above This Una For Recorder)
OWNER PARTICIPATION AGREEMENT
THIS AGREEMENT is entered into by1l1e REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA. a
public body corporate and politic (hereinafter referred to as "AGENCY"), and FOSTER INVESTMENT CORPORATION
dated . 2003, (hereinafter referred to as "DEVELOPER") effective as of
WHEREAS. the DEVELOPER desires to develop real property within 1I1e BAYFRONT REDEVELOPMENT
PROJECT AREA ("Project Area') located at 830 Bay BouIevartI, Chula Vista, earlfomia (APN 571-250-17-00)
("Property'). A map for the property is attached hereto as Exhibit. A" which is subject to the jurisdiction and control of
the AGENCY; and
WHEREAS, 1I1e DEVELOPER has presented plans for the development of the Property with a 30,000 square
foot building for retail/warehouse uses at 830 Bay Boulevard, Chula VISta. Califomia (the 'Project"); and
WHEREAS, said plans for development have been recommended for approval by the Design Review
Committee; and
WHEREAS, the AGENCY and DEVELOPER desire that said Project be implemented and completed as soon as
it is practicable in accordance with the tenns of 1I1isAgreement.
NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows:
1. DEVELOPMENT OBUGATlON.
The DEVELOPER covenants and agrees by and forthemselves, their heirs, executors, administrators
and assigns and all persons claiming under or 1I1rough 1I1em 1I1e following:
A. DEVELOPER shall develop the Property with 1I1e Project in accordance with 1I1e AGENCY
approved development proposal attached hereto as Exhibit "B",
B. DEVELOPER shall obtain all necessary federal/state and local govemmental pennits and
approvals and abide by all applicable federal, state and local laws, regulations, policies and
approvals in connection with the development of the Project. DEVELOPER further agrees that
1I1is Agreement is contingent upon DEVELOPER securing said pennits and approvals.
DEVELOPER shall pay an applicable development impact and processing fees. Subject to
applicable laws, AGENCY staff agrees to exercise good faith efforts.to expedite the processing
of all enlillements and pennits necessary for the Project
J - f (
C. DEVELOPER shall obtain building pennils within one year from the date of this Agreement
and shall actuaDy develop the Property with the Project within one year from the date of
issuance of the bulIding permits. In the event DEVElOPER faiJs to meetlhese deadlines,
the Agencys approval of DEVELOPER's development proposals shall be void and this
Agreement shall have no further force or etreet.
D. DEVELOPER shall comply with the conditions in Resolution No.
2. MAINTENANCE OBLIGATION.
A.. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughout the !ann of this Agreement,
DEVELOPER shall, at DEVELOPER's sole cost and expense, maintain the Property and the
Project improvements in first class condition and repair, and in accoIdance with all applicable
laws, pennits, licenses and other governmental authorizations, rules, ordinances, orders,
decrees and regulations now or hereafter enacted, issued or promulgated by federal, state.
county, municipal, and other governmental agencies, bodiesand courts having or claiming
jurisdiction and all their respective departments, bureaus; and officials. First class condition
and repair, means an efficient and attractive condllion, at least substantially equal in quality
to the condition which exists when the Project has been completed, ordinary wear and tear
excepted, in accordance with all appflC8ble laws and condllions.
B. DEVELOPER shall promptly and diligently repair, restore, aller, add to, rernow, and replace,
as required, the Property and all Improvements to maintain orcomply as above, orto remedy
all damage to or destruction of all or any part of the improvements.
C. In order to enforce all above maintenance provisions, the parties agree that the Community
Development Director is empowered to make reasonable detenninations as to whether the
Property is in a first class condition. If he detennines it is nol,he (1) will notify the
DEVELOPER in writing, and (2) extend a reasonable time to cure. If a cure or substantial
progress to cure has not been made within that time, the Community Development Director is
authorized to effectuate the cure by City forces or otherwise, the cost of which will be
promptly reimbursed by the DEVELOPER. If the DEVELOPER fails to maintain the Property
in a 'first class condition', the REDEVELOPMENT AGENCY or its agents shall have the right
to enter the Property and perfonn the necessary maintenance, and the cost of said
maintenance shall become a lien against the Property. The Agency shall have the right to
enforce this lien either by foreclosing on the Property or by forwarding the amount to be
collected to the San Diego Tax Assessor who shall make it part of the lax bill forthe Property.
3. NON-DISCRIMINATION COVENANTS.
DEVELOPER shall refrain from selecting contractors or restricting the rental, sale or lease of the Site on the
basis of sex, marilaI status, race, color, creed religion, ancestry or national origin of any person. All deeds, leases or
contracts shal contain or be subject to subslantially the following nondiscrimination or nonsegregation clauses:
A. In deeds: 'The grantee herein covenants by and for itself, its successorsand assigns, and all
persons claiming under or through them, that there shan be no discrimination against or
segregation of, any person or group of persons on account of sex, marital status, race, color,
aeed, refl!lion, national origin or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or
any person claiming under or through it, establish or pennR any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or
2 ...J-(~
occupancy of tenants, lessees, subtenants, subless lIeS or vendees in the land herein
conveyed. The foregoingcovenlllls shall run with the land..
B. In leases: "The lessee herein covenants by and for itself, i1s successors and assigns, and all
persons claiming under or through them, and this lease is made and accepted upon and
subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of
persons, on account of sex, marital status, race, color, creed, religion, national origin or
ancestry in the leasing, subJeasjng, renting, transferring, use, occupancy, tenure or
enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or
through it, establish or pennn such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees,
sublessees, subtenants or vendees in the land herein leased..
C. In contracts: .There shall be no discrimination against or segregation of any person or group
of persons on account of sex, marital status, race, color, religion, creed, national origin or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
land, nor shall the transferee itself or any person claiming under or through it. establish or
pennn any such practice or practices of discrimination or segregation with Reference to the
selection, Iocatiori, number, use or occupancy of tenants, lessees, subtenan1s, sublessees or
vendees of the land..
4. AGENCY and DmLOPERagree that the covenants of the DmLOPERexpressed herein shall run
with the land. DmLOPER shall have the right, without prior approval of AGENCY, to assign i1s
rights and delegate i1s duties under this Agreement
5. AGENCY and DEVELOPER agree that the covenants of the DmLOPER expressed herein are for
the express benefit of the AGENCY and for all owners of real property within the boundaries of the
BAYFRONT REDEVELOPMENT PROJECT AREA as the same now exists or may be hereafter
amended. AGENCY and DmLOPER agree that the provisions of this Agreement may be
specifically enforted in any court of competent jurisdiction by the AGENCY on i1s own behalf or on
behalf of any owner of real property within the boundaries of the SA YFRONT REDEVELOPMENT
PROJECT AREA.
.
6. AGENCY and DmLOPER agree that this Agreement may be recorded by the AGENCY in the 0IIice
of the County Recorder of San Diego County, Califomia.
7. DmLOPER shall and does hereby agree to indemnify, protect, defend and hold harmless AGENCY
and the City of Chula Vista, and their respective Council members, officers, employees, agents and
representatives (collectively, the .Indemnified Parties"), from and against any and a/lliabililies, losses,
damages, demands, claims and costs, including court costs and reasonable attorneys' fees
(collectively, .liabilities.) arising, directly or indirecUy, from (a) AGENCY's approval of this Agreement
(b) AGENCY's or City's approval or issuance of any other pennn or action, whether discretionary or
non-discretionary, in connection with the Project contemplated herein, and (c) DEVELOPER's
construction and operation of the Project pennitted hereby, excluding these liabilities arising during
from said negligence.
8. In the event of any dispute between the parties with respect to the obligations under this AGREEMENT
that results in litigation, the prevailing party shall be entitled to recover i1s reasonable attomey's fees
and court costs from the nof}-prevailing party.
..
3 ..3 - I':"
9. Time is of the essence for each and every obligation heraJnder.
10. If DEVELOPER fajls to fulfill its obligations hereunder after due notice and reasonable opportunity to
cure. DEVELOPER shall be in default hereunder, and in addition.to any and aU other rights and
remedies AGENCY may have. at law or in equity, the AGENCY shall have the right to terminate its
approval of the Project and this Agreement
Signature Page Follows
4
.j -I";'
Signature Page
IN WITNESS WHEREOF THE PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE AS OF THE
DATE FIRST WRITTEN ABOVE.
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
"AGENCY"
DATED:
By:
Stephen C. Padilla, Chair
APPROVED AS TO FORM BY:
Ann Moore
Agency Attomey
"DEVELOPER"
DATED:
By:
By:
NOTARY: Please attach acknowledgment call!.
J:'COIf.t)EIMGREEMENTllOPA - 830 Bay BIvd- Marina GB1Ilway.doc
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EXHIBIT A
CUKE
ENERGY
POWER
SEIMCES
SAN DIEGO
B.6.Y
SOGAE
I'OWEII
PlANT
PROJECT /
llCITllN
.3 - ( ""
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DEl>CAIP'TIOrl:
C9 AI'Pl.ICNre FORSTER INVESTMENT CORP. DESIGN REVIEW
.
~: .830 BAY BOULEVARD Request Pr0p0B8l to construct a 3O,OOOsq.ft. shelt
FI.E NUMBER: building consisting 9f concrete tilt-up panels. Project
SCALE: will function to shelter retalllwarehouse activity.
NORTH No SceIe DRC-03-11
j:\homelplanning\chenylc\locators\drc0311.cdr 08.28.02
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REVISED
Recording Requested By:
CHULA VISTA REDEVELOPMENT AGENCY
276 Fourth Avenue
Chula Vista, CA 91910
When Recorded Mail To:
CHULA VISTA REDEVELOPMENT AGENCY
276 Fourth Avenue
Chula Vista. CA 91910
Attn: Linda Welch
(Space Above This Line For Recorder)
APN: 571-250-17.00
OWNER PARTICIPATION AGREEMENT
Foster Investment Corporation
830 Bay Boulevard
THIS AGREEMENT is entered into by the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a
public body corporate and politic (hereinafter referred to as "AGENCY") and FOSTER INVESTMENT CORPORATION
(hereinafter referred to as "DEVELOPER") effective as of May 6, 2003
WHEREAS, the DEVELOPER desires to develop real property within the BAYFRONT REDEVELOPMENT
PROJECT AREA ("Project Area") which is subject to the jurisdiction and control of the AGENCY; and
WHEREAS, the DEVELOPER has presented plans for development to the Design Review Committee for the
construction of a 30,000 square foot building for retaiilwarehouse uses, as well as the associated parking, access and
circulation, and landscape areas ("Project") at 830 Bay Boulevard, Chula Vista, California ("Property"). A map for the
Property is attached hereto as Exhibit "A"; and
WHEREAS, said plans for the Project have been recommended for approval by the Design Review Committee;
and
WHEREAS, the AGENCY has considered the Design Review Committee's recommendation and has approved
the Project and design plans subject to certain terms and conditions; and
WHEREAS, the AGENCY and DEVELOPER desire that said Project be implemented and completed as soon as
it is practicable in accordance with the terms of this Agreement.
NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows:
1. DEVELOPMENT OBUGA TION
The DEVELOPER covenants and agrees by and for themselves, their heirs. executors, administrators
and assigns and all persons claiming under or through them the following:
A. DEVELOPER shall develop the Property with the Project in accordance with the AGENCY
approved development proposal attached hereto as Exhibit "B".
B. DEVELOPER shall obtain all necessary federal/state and local governmental permits and
approvals and abide by all applicable federal, state and local laws, regulations, policies and
.3-.2.3
approvals in connection with the development of the Project. DEVELOPER further agrees that
this Agreement is contingent upon DEVELOPER securing said permits and approvals.
DEVELOPER shall pay all applicabie development impact and processing fees.
C. DEVELOPER shall obtain building permits within one year from the date of this Agreement and
shall actually develop the Property with the Project within one year from the date of issuance of
the buiiding permits. In the event DEVELOPER fails to meet these deadlines, the AGENCY's
approval of DEVELOPER's development proposals shall be void and this Agreement shall have
no further force or effect.
D. The Property shall be developed subject to the conditions imposed by the Design Review
Committee and the AGENCY as contained in Resolution No. _ and incorporated herein
by this reference. DEVELOPER acknowledges the validity of and agrees to accept such
conditions.
E. DEVELOPER agrees to abide by the following conditions imposed by the AGENCY to insure
that the use of the developed Property is consistent with the vision, goals, objectives, and other
policies of the General Plan, the Redevelopment Plan, the Local Coastal Program, and the
Bayfront SpeCific Plan.
1. Outdoor uses and storage shall not be permitted on the Property after certificate of
occupancy is issued.
2. Vehicle and equipment maintenance and repair shall not be permitted outdoors.
3. The parking of vehicles other than automobiles and light trucks shall not be permitted on
the Property after certificate of occupancy is issued, except for loading and unloading
purposes only.
4. Trucks, trailers, and other vehicles exceeding 55 feet in length shall not be permitted on
the Property after certificate of occupancy is issued.
2. MAINTENANCE OBLIGATION
A. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughout the term of this Agreement,
DEVELOPER shall, at DEVELOPER's sole cost and expense, maintain the Property and the
Project improvements in first class condition and repair, and in accordance with all applicable
laws, permits, licenses and other governmental authorizations, rules, ordinances, orders,
decrees, and regulations now or hereafter enacted, issued, or promulgated by federal, state,
county, municipal, and other govemmental agencies, bodies, and courts having or claiming
jurisdiction and all their respective departments, bureaus, and officials. First class condition
and repair means an efficient and attractive condition, at least substantially equal in quality to
the condition which exists when the Project has been completed, ordinary wear and tear
excepted, in accordance with all applicable laws and conditions.
B. DEVELOPER shall promptly and diligently repair, restore, alter, add to, remove, and replace,
as required, the Property and all improvements to maintain or comply as above, orto remedy
all damage to or destruction of all or any part of the improvements.
C. In order to enforce all above maintenance provisions, the parties agree that the Community
Development Director is empowered to make reasonable determinations as to whether the
Property is in a first class condition. If the Director determines it is not, he/she (1) will notify
the DEVELOPER in writing, and (2) extend a reasonable time to cure. If a cure or substantial
progress to cure has not been made within that time, the Community Development Director is
authorized to effectuate the cure by City forces or otherwise, the cost of which will be
2 .3 -.lA,
promptly reimbursed by the DEVELOPER. If the DEVELOPER fails to maintain the Property
in a "first class condition", the REDEVELOPMENT AGENCY or its agents shall have the right
to enter the Property and perform the necessary maintenance, and the cost of said
maintenance shall become a lien against the Property. The Agency shall have the right to
enforce this lien either by foreclosing on the Property or by forwarding the amount to be
collected to the San Diego Tax Assessor who shall make it part of the tax bill for the Property.
3. NON-DISCRIMINATION COVENANTS
DEVELOPER shall refrain from selecting contractors or restricting the rental, sale, or lease of the Property on
the basis of sex, marital status, race, color, creed, religion, ancestry, or national origin of any person. All deeds, leases,
or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
A. In deeds: "The grantee herein covenants by and for itself, its successors and assigns, and all
persons claiming under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of sex, marital status, race, color,
creed, religion, national origin, or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee itself or
any person claiming under or through it establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use, or
occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein
conveyed. The foregoing covenants shall run with the land."
B. In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all
persons claiming under or through them, and this lease is made and accepted upon and
subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of
persons on account of sex, marital status, race, color, creed, religion, national origin, or
ancestry in the leasing, subleasing, renting, transferring; use, occupancy, tenure, or
enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or
through it, establish or permit such practice or practices of discrimination or segregation with
reference to the selection, location, number, use, or occupancy of tenants, lessees,
sublessees, subtenants, or vendees in the land herein leased."
C. In contracts: "There shall be no discrimination against or segregation of any person or group
of persons on account of sex, marital status, race, color, religion, creed, national origin, or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the
land, nor shall the transferee itself or any person claiming under or through it establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees,
or vendees of the land."
4. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein shall run
with the land. DEVELOPER shall have the right, without prior approval of AGENCY, to assign its
rights and delegate its duties under this Agreement. Such assignment or delegation shall not be
effective until DEVELOPER has notified AGENCY in writing. Besides the assignee or delegate's
name, the notice shall include the new contact information for the assignee or delegate.
5. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein are for
the express benefit of the AGENCY and for all owners of real property within the boundaries of the
Project Area as the same now exists or may be hereafter amended. AGENCY and DEVELOPER
3 ~ _ 02..S-
agree that the provisions of this Agreement may be specifically enforced in any court of competent
jurisdiction by the AGENCY on its own behaif or on behalf of any owner of real property within the
boundaries of the Project Area.
6. AGENCY and DEVELOPER agree that this Agreement may be recorded by the AGENCY in the Office
of the County Recorder of San Diego County, California.
7. DEVELOPER shall and does hereby agree to indemnify, protect, defend, and hold harmless AGENCY
and the City of Chula Vista, and their respective Council members, officers, employees, agents, and
representatives (collectively, the "Indemnified Parties"), from and against any and all liabilities,
losses, damages, demands, claims, and costs, including caut costs and reasonable attorneys' fees
(collectively, "Liabilities") arising, directly or indirectly, from (a) AGENCY's approval of this Agreement,
(b) AGENCY's or City's approval or issuance of any other permit or action, whether discretionary or
non-discretionary, in connection with the Project contemplated herein, and (c) DEVELOPER's
construction and operation of the Project permitted hereby, excluding these liabilities arising during
from said negligence.
8. In the event of any dispute between the parties with respect to the obligations under this AGREEMENT
that results in litigation, the prevailing party shall be entitled to recover its reasonable attorney's fees
and court costs from the non-prevailing party.
9. Time is of the essence for each and fNery obligation hereunder.
10. If DEVELOPER fails to fulfill its obligations hereunder after due notice and reasonable opportunity to
cure, DEVELOPER shall be in default hereunder, and in addition to any and all other rights and
remedies AGENCY may have, at law or in equity, the AGENCY shall have the right to terminate its
approval of the Project and this Agreement.
11. All notices, demands, or requests ("Notices") provided for or permitted to be given pursuant to this
Agreement must be in writing. All Notices to be sent to any party shall be deemed to have been
properly given or served if personally served or deposited in the United States mail, certified or
registered, return receipt requested, addressed to such party at the addresses listed below. A party
may change the address where Notices are to be delivered by giving notice pursuant to this Section,
but shall not require a party to serve or mail Notices to multiple address.
AGENCY: CHULA VISTA REDEVELOPMENT AGENCY
276 Fourth Avenue
Chula Vista, CA 91910
DEVELOPER: Foster Investment Corporation
70512lh Avenue
San Diego, CA 92101
Signature Page Follows
4
3-..2.-Ce.
Signature Page
IN WITNESS WHEREOFTHE PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE AS OF THE
DATE FIRST WRITTEN ABOVE.
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
"AGENCY"
DATED:
By:
Stephen C. Padilla, Chair
APPROVED AS TO FORM BY:
Ann Moore
Agency Attorney
"DEVELOPER"
DATED:
By:
Foster Investment Corporation
NOTARY: Please attach acknowledgment carel.
.3 -,2 7
EXHIBIT A
[INSERT HERE]
63-:l...~
Exhibit B
[INSERT HERE]
7 ..3-.:2....0,