HomeMy WebLinkAboutRDA Packet 2002/02/19
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CHUlA VISTA
TUESDAY, FEBRUARY 19, 2002 COUNCIL CHAMBERS
6:00 P.M. PUBLIC SERVICES BUILDING
(immediately following the City Council meeting)
- REVISED -
JOINT MEETING OF THE
REDEVELOPMENT AGENCY I CITY COUNCIL
OF THE CITY OF CHULA VISTA
CALL TO ORDER
ROLL CALL
Agency/Council Members Davis, Padilla, Rindone, Salas; Chair/Mayor Horton
CONSENT CALENDAR
The staff recommendations regarding the fallowing item Is) listed under the Consent Calendar will be enacted
by the Agency by one motion without discussion unless an Agency 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: January 15, 2002; January 22, 2002; February
5,2002
2. a. COUNCIL ORDINANCE ADDING CHAPTER 2.41 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE CREATION OF THE NATURE CENTER
BOARD OF TRUSTEES (SECOND READING AND ADOPTION)
b. COUNCIL ORDINANCE ADDING CHAPTER 2.19 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF THE NATURE
CENTER DEPARTMENT, EFFECTIVE JULY 1, 2002 (SECOND READING AND
ADOPTION
Since its incorporation in 1986, the function and mission of the Bayfront
Conservancy Trust (BCT) has evolved from an entity seeking to receive and
hold dedications of land, restore the Sweetwater Marsh complex, and own
and operation the Chula Vista Nature Center. The BCT is now an entity
whose mission is advisory in nature as an advocate for the enhancement of
the Nature Center and the Sweetwater Marsh National Wildlife Refuge. To
that end, it is the desire of the BCT to dissolve the non-profit corporation
and establish a new body charged with advising the City on matters related
to the Chula Vista Nature Center. [City Manager]
STAFF RECOMMENDATION: Council place the ordinances on second
reading for adoption.
3. AGENCY RESOLUTION ADOPTING MITIGATED NEGATIVE DECLARATION
15-01-50 AND APPROVING OWNER PARTICIPATION AGREEMENT WITH
DANIEL L. AND RUTH STREET FOR THE CONSTRUCTION OF A 9,000-
SQUARE FOOT PRE-FABRICATED INDUSTRIAL BUILDING AT 2365 MAIN
STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA -
Daniel L. and Ruth Street, as property owners, are proposing to construct a
9,000-sq. ft. pre-fabricated industrial building at 2365 Main Street, within the
boundaries of the Southwest Redevelopment Project Area. The metal building
will be used to enclose auto parts from dismantled vehicles, which is currently
being done in the open areas of the site. This proposal is the part of a three-
phase project originally approved through a Special Use Permit by the
Redevelopment Agency in 1993. The applicant is proposing to implement the
second phase of the project now, with a third phase to be implemented in a
few more years. The project is being constructed on a graded lot with two
industrial buildings fronting on Main Street, one of which serves as the
business office.
STAFF RECOMMENDATION: Agency 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.
4. DIRECTOR'S REPORT(S)
5. CHAIR/MAYOR REPORT(S)
6. AGENCY/COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to a Closed Session and thence to the regular meeting of
the Redevelopment Agency on March 5, 2002 at 4:00 p.m., immediately following
the City Council meeting in the City Council Chambers.
Redevelopment Agency, February 19, 2002 Page 2
CLOSED SESSION
Unless Agency Counsel, the Executive Director, City Councilor the Redevelopment Agency states otherwise at
this time, the Agency/Council will discuss and deliberate on the following item!s) of business which are
permitted by law to be the subject of a closed session discussion, and which the Agency/Council is advised
should be discussed in closed session to best protect the interests of the City. The Agency/Council is required
by law to return to open session, issue any reports of final action taken in closed session, and the votes taken.
However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at
this point in order to save costs so that the Agency/Council's return from closed session, reports of final action
taken, and adjournment will not be videotaped. Nevertheless, announcements of actions taken in Closed
Session shall be made by Noon on Wednesday following the meeting at the City Clerk's office in accordance
with the Ralph Brown Act (Govt. Code § 54957.7)
7. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION --
Pursuant to Government Code Section 54956.9(a)
Tuchscher VS. City of Chula Vista, Superior Court, County of San Diego, San
Diego Judicial District, Court Case No. GIC758620
8. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION -- Pursuant to Government Code Section 54956.9(b)
One Case
****************
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who
require special accommodates to access, attend, and/or participate in a City meeting, activity, or service
request such accommodation at least 48 hours in advance for meetings and five days for scheduled services
and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619)
691-5047 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5647. California Relay Service is
also available for the hearin9 impaired.
Redevelopment Agency, February 19, 2002 Page 3
MINUTES OF ADJOURNED REGULAR MEETINGS
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
January 15, 2002 6:00 p.m.
Adjourned Regular Meetings of the City Council and Redevelopment Agency of the City of
Chula Vista were called to order at 6:36 p.m. in the Council Chambers, located in the Public
Services Building, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Agency/Councilmembers: Davis, Padilla, Rindone, Salas and
Chair/Mayor Horton
ABSENT: Agency/Councilmembers: None
ALSO PRESENT: Executive Director/City Manager Rowlands, City Attorney
Kaheny, and City Clerk Bigelow
CONSENT CALENDAR
1. AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2001
The audited financial statements for the fiscal year ended June 30, 2001, as prepared by
the independent audit firm of Caporicci, Cropper & Larson, were presented for
information and acceptance. Both the City's and the Agency's annual financial reports
received unqualified (clean) opinions from the independent audit firm. (Assistant City
Manager Powell)
Staff recommendation: Agency/Council accept the fiscal year 2000/2001 financial
statements.
2. AGENCY RESOLUTION NO. 1763, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA DISCONTINUING REDEVELOPMENT
AGENCY STIPEND PAY FOR CITY CLERK'S OFFICE EMPLOYEES EFFECTIVE
01/15/02 AND PROVIDE RETROACTIVE PAY FOR ALL UNCOMPENSATED
MEETINGS IN FY 200I/02
In 1986, the Redevelopment Agency approved a $30 stipend per Agency meeting for
management staff of the City Clerk's office. This was in response to the fact that the
RDA meetings were moved from Thursday to Tuesday and would take place immediately
following the regular Council meeting. Previously, the Redevelopment Agency secretary
would take minutes at the RDA meeting. However, once the meeting was changed to
Tuesday after the Council meeting, it was decided that instead of making the Agency
secretary wait until the City Council meeting was over, the City Clerk would take the
minutes for the Redevelopment Agency. The requirement to attend Agency meetings
was taken into consideration when setting compensation levels, thus eliminating the
necessity for the stipend. The position of Deputy City Clerk is scheduled for formal
compensation/classification review in the near future. (City Clerk; Human Resources
Director)
Staff recommendation: Agency adopt the resolution.
1 _/
CONSENT CALENDAR (Continued)
3. AGENCY RESOLUTION NO. 1764, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $698,000 FROM
THE UNAPPROPRIATED FUND BALANCE IN THE MERGED PROJECT AREA
FOR REPAYMENT OF OUTSTANDING ADVANCES FROM THE GENERAL
FUND IN THE AMOUNT OF $556,687.95 AND RELATED INTEREST IN THE
AMOUNT OF $141,312.05
From time to time, as funds are available, the Redevelopment Agency repays the General
Fund for previous debt owed. This action uses currently available Agency resources in
the merged project area to pay down outstanding Agency debt to the General Fund.
Repayment of this debt is consistent with staff's recommendation to the City Council on
September 18, 2001, when Council took action on the "H" Street project. This completes
the previous action. (Community Development Director)
Staff recommendation: Agency adopt the resolution.
ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered
Consent Calendar Items #1 through #3, headings read, text waived. The motion
carried 5-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS
4. PUBLIC HEARING TO CONSIDER AMENDING THE TOWN CENTRE I LAND
USE POLICY
In September 1977, the Agency adopted the Town Centre I Land Use Policy to establish
definitive criteria for land uses and to inform the general public of the type of businesses
that would be consistent with the goals and objectives of the Town Centre I
Redevelopment Plan. The land use policy included general policy guidelines and a list of
permitted and non-permitted uses. In September 1999, the land use policy was amended
to include the downtown "vision" statement, a reference to Municipal Code regulations
relating to exterior noise levels, and a new category specifYing land uses that require a
special use permit. In an effort to enhance and diversify the land-use mix in the
downtown area, and the need to provide a more user-friendly land-use guide for
prospective investors, owners, tenants, and the general citizenry, staff determined that it
was again necessary to amend the land-use policy. The proposed amendment provides an
improved policy that mirrors the goals and objectives of the Town Centre I
Redevelopment Plan and Implementation Plan and implements the "vision" of
establishing downtown Chula Vista as the business, entertainment, civic, and cultural
focal point of the city. Additionally, a specific change to allow bail bond offices north of
"H" Street was requested for inclusion in the update. Bail bond offices are currently
allowed with a special use permit only in Subarea 3 (Third Avenue between "H" and "I"
Streets) of the redevelopment area. Staff does not support a change to the current policy
regarding bail bond offices but has provided the Agency with an option to consider, at its
discretion, that would allow bail bond offices north of "H" Street. (Community
Development Director)
Page 2 Council/RDA Minutes / d-.- 01/15/02
PUBLIC HEARINGS (Continued)
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.
Redevelopment Manager Estes presented the proposed amendments to the Town Centre I Project
Area Land Use Policy.
Chair/Mayor Horton opened the public hearing.
Jack Blakely, representing the Chula Vista Downtown Business Association, supported the
matrix of proposed land uses and the implementation of stronger amendments in the future. He
opposed changing the current regulations to allow bail bond offices and encouraged the Council
to support staffs recommendations.
John Miller, 283 G Street, spoke in support of the amendments but asked the Council to leave an
option open for a bail bond office in the downtown area.
William Virgis, representing the Cultural Arts Commission, commented that cultural arts
components are specified in the land uses as part of the vision for the downtown area.
Lisa Moctezuma, 289 Third Avenue, representing the Moctezuma Book and Gallery, spoke in
support of the proposed vision.
Al Gore, representing the Cultural Arts Commission, asked the Council to include the arts in the
vision to revitalize Third Avenue.
Pamela Bensoussan, 616 Second Avenue, representing historic homeowners, supported the
amendments but requested that cultural arts be more defined.
Beatrice Zumora-Aguilar, 988 Barrett Avenue, representing the Mexicayoti Indio Cultural
Center, spoke in support of a cultural arts center, stating that it would help build leadership skills
and self-confidence in the youth of the community.
Norma Cazares, representing South Bay Forum, supported the proposed amendments.
Ron Bolles, 1632 Quailsprings Court, representing Chula Vista SCPA, spoke in support of the
amendments and also the acquisition of Cinemastar or an alternative property for a performing
arts center.
Arlle Ricasa, 1785 Sunny Crest Lane, supported the proposed amendments and encouraged the
Council to seek a professional venue for cultural arts in the City's core.
Leanne Monzon, 878 Entrada Place, spoke in support of a cultural arts center.
Frank Roseman, 66 Montebelo Street, asked the Council to include a cultural arts center in the
vision.
Page 3 CouncillRDA Minutes (- -3 01115/02
PUBLIC HEARINGS (Continued)
Lupita Jiminez, 1134 Arbusto Corte, spoke in favor of a cultural arts center in downtown Chula
Vista.
Archie McAllister, 1739 Elmhurst, suggested that the Council visit the web site of downtown
Santa Monica, a showcase for revitalization of a downtown area, in order to obtain ideas
regarding the Town Centre Master Plan. He stated that the Master Plan allows for, but does not
promote, the arts.
Nancy Parks, 124 Hilltop Drive, asked the Council to consider language in the vision statement
that would help maintain the historic core by encouraging the preservation of historic buildings.
David Bensoussan, 616 Second Avenue, spoke in support of the amendments.
Byron Mantack, 397 Third Avenue, representing Byron Mantack Bailbonds, spoke in support of
his bail bond business, stating that public concern regarding the attraction of criminal eléments
as a result of a bail bond business in downtown Chula Vista was unwarranted and was the result
of misinformation and a lack of knowledge of the bail bond business. He requested that Council
consider the facts before making a final decision.
With no further members of the public wishing to speak, Chair/Mayor Horton closed the public
hearing.
Agency/Councilmember Davis stated that she supported the amendment but could not support
denying the opportunity for a bail bond business to be located on a second floor or perhaps
behind a 40-foot setback in the downtown area. She likened a bail bond business to other
professional businesses as attorneys and doctors, and, therefore, believed that denying such a
business would be unreasonable and discriminatory.
Agency/Councilmember Padilla suggested that the language for entertainment and the arts be
more specific.
ACTION: Chair/Mayor Horton then offered Agency Resolution No. 1765, as amended to
include the necessary language as it pertains to adult entertainment.
AGENCY RESOLUTION NO. 1765, RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AMENDING THE TOWN CENTRE I LAND USE POLICY TO IMPLEMENT
THE GOALS AND OBJECTIVES OF THE TOWN CENTRE 1
REDEVELOPMENT PROJECT AREA PLAN AND IMPLEMENTATION
PLAN; ASSIST IN THE ELIMINATION OF PHYSICAL AND ECONOMIC
BLIGHTING CONDITIONS; AND IMPLEMENT THE "VISION" OF
ESTABLISHING DOWNTOWN CHULA VISTA AS THE BUSINESS,
ENTERTAINMENT, CIVIC, AND CULTURAL FOCAL POINT OF THE CITY
The motion carried 4-1, with Agency/Councilmember Davis voting no.
Page 4 Council/RDA Minutes I-tf 01/15/02
PUBLIC HEARINGS (Continued)
5. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT (SUPS-
01-05) TO ALLOW THE DEVELOPMENT OF AN AUTOMATIC CAR WASH AND
LUBE CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN
THE SOUTHWEST REDEVELOPMENT PROJECT AREA
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 Horton opened the public hearing.
ACTION: Chair/Mayor Horton then moved to continue the hearing to the meeting of
February 5, 2002, as requested by staff. Agency/Councilmember Padilla
seconded the motion, and it carried 3-0, with Agency/Councilmembers Salas and
Davis absent ftom the dais.
6. PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL LAND USE
PERMIT TO ALLOW A BAIL BOND OFFICE AT 397 THIRD A VENUE, SUITE C
Staff recommendation: That the public hearing be opened and continued to the
Redevelopment Agency meeting of February 5, 2002.
This item was not considered.
ACTION ITEMS
7. AGENCY RESOLUTION APPROVING AN EXCLUSIVE NEGOTIATING
AGREEMENT WITH PACIFICA COMPANIES FOR THE DISPOSITION AND
DEVELOPMENT OF AGENCY-OWNED PROPERTY IN THE MIDBAYFRONT
SUBAREA OF THE BA YFRONT REDEVELOPMENT PROJECT AREA
In 2001, Pacifica Companies notified the City that it had signed an option agreement with
Chula Vista Capital, the primary property owner of the midbayftont property, for the
purchase and development of the approximately 97-acre site. Pacifica also indicated to
the City its desire to include in its development proposal additional lands, some of which
are owned by the Redevelopment Agency. Pacifica Companies created a design team
consisting of architectural, engineering, and environmental consultants, among others, to
develop a conceptual master plan for the approximately I 26-acre project site. The project
proposes 5.8 million square feet of high quality, mixed-use building area comprised
primarily of residential units, some limited commercial, up to three hotels, restaurants,
recreation areas, and a community center. Pacifica Companies is a group of diversified
real estate companies with an extensive real estate portfolio, including hotels, office and
industrial buildings, retail shopping centers, and residential communities located
throughout the United States. North C.V. Waterfront 1.P., a limited partnership fol1lled
by principals of Pacifica Companies for development of the midbayftont property, has
requested an exclusive negotiating agreement with the Redevelopment Agency for two
years, with an optional six-month extension, to prepare plans, pursue entitlements, secure
financing, and negotiate a disposition and development agreement for the project.
(Community Development Director)
ACTION: Chair/Mayor Horton moved to continue the item to the meeting of January 22,
2002. Agency/Councilmember Rindone seconded the motion and it carried 5-0.
Page 5 CouncillRDA Minutes / - ;;;¡- 01/15/02
ACTION ITEMS (Continued)
8. CONSIDERATION OF A SERIES OF AMENDMENTS TO MUNICIPAL CODE
CHAPTER 9.50
Chapter 9.50 of the City's Municipal Code (Mobilehome Space Rent Review Ordinance)
was first enacted in May 1982 as a process for the negotiation and mediation of rent
increases for mobilehome communities. In 1989, Chapter 9.50 was amended to include a
process for rent review upon change of ownership of mobilehomes that were to remain
within the park. The chapter also established the Mobilehome Rent Review Commission
to act as a due process body for rent disputes and advise Council on mobilehome issues.
As a result of the City's concerns regarding difficulties in implementing and
administering Chapter 9.50 of the City's Municipal Code, increasing housing costs, and
the general safety and welfare ofresidents of mobile home communities, Councilmember
Padilla initiated ongoing discussions with representatives of mobilehome park residents
and park owners to address these issues and concerns. With the assistance of staff and
outside legal counsel, Councilmember Padilla has been working over the past few years
on revisions to the ordinance. Upon further review, staff found it necessary to
recommend additional revisions to provide clearer direction and definitions, as well as
consistency with state mobilehome residency law. (Community Development Director)
Community Development Specialist Hines presented the proposed amendments to Chapter 9.50
of the Municipal Code.
Bob Crane, 1925 Otay Lakes Road, spoke in opposition to ordinance provisions regarding
vacancy de-control, stating that the proposed amendment gives no appeal rights to tenants.
Richard Kelton, representing Otay Lakes Lodge, spoke regarding the annual permissive increase,
stating that the section needs to be clear that rents will be increased only once a year except for
transfer of possession. Regarding Section 9.50.064 concerning owner meetings and voluntary
negotiations, he stated that there needs to be more clarification as to whether the results need to
be by unanimous or a majority consent of the residents. Regarding the 75% provision, he stated
that the existing ordinance provides a substantial discount to residents, and he asked that the full
CPI be retained.
Steve Molski, 677 G Street #111, representing 200 tenants, expressed concern regarding what
happens when a vacancy occurs and who would get the mobilehome and at what price if the new
owner and park owner cannot agree on a rent price. He asked the Council to afford more
protection to park tenants.
Dennis Chaffee, 43 Corso Di Italia, representing the Chula Vista Mobile Home Park, was
concerned that the elimination of vacancy control would mean the end of affordable housing in
Chula Vista.
Thomas Fredricksen, 121 Orange Avenue #77, asked the Council to move forward in making
necessary changes for the majority.
Page 6 CounciVRDA Minutes (- C, 01/15/02
ACTION ITEMS (Continued)
Frederick Dufresne, 1925 Otay Lakes Road #102, representing the Mobilehome Owner
Coalition, believed that the section regarding rent increases upon change of ownership needed
further review, stating that vacancy control cannot be lost. He agreed with the remainder of the
proposed ordinance.
Barbara Worth, 1425 Second A venue, believed a cap should be placed on potential rent increases
when a home is sold and suggested that the Council reconsider Section 9.50.067.
Barbara Nunnelu, 701 D Street, spoke in favor ofthe proposed ordinance amendments.
Norma Runyan, 1100 Indus Trail #D-31, representing Brentwood Mobilehome Park, spoke in
support ofthe proposed amendments.
Wayne Steeves, 121 Orange Avenue, spoke in favor of the proposed changes except for the cap,
which he felt required reconsideration by the Council.
Saull Roskin, 501 Anita Street #76, spoke in favor of the proposed amendments, except for the
rent de-control portion, explaining that there should be no reason for a rent increase when a new
resident moves into the park because the rent should be based on the space.
Pat LaPierre, 1925 Otay Lakes Lodge, suggested that language be incorporated to allow the
Council to change the vacancy control portion if there is evidence of rental abuse by a park
owner.
Jack Doyle, representing the Western Manufactured Housing Communities Association, opposed
the basic rent control concept, as he felt that it would discourage competition, reduce new
investments in manufactured housing, and limit revenues available for park improvements. He
believed the proposed ordinance was a more practical and legally enforceable ordinance.
Doris Sullivan, 121 Orange Avenue #119, expressed concern regarding de-regulation and stated
that she had received indications from park owners that rent increases would make selling
mobilehomes to prospective tenants difficult.
Virginia Jensen, 1490 Third Avenue, stated that park owners require assistance in enforcing park
rules and regulations to ensure a pleasant living environment.
Alvin Meredith, 701 D Street, Space C11, stated that rent de-control needs to be addressed. She
also supported the enforcement of Title 25 regulations.
Al Vargas, 501 Anita Street, pointed out that since park owners need residents, they would not
make rents so unreasonable that they would price themselves out of the market.
Tom Teagle, president of the Mobilehome Rent Review Commission, stated that often park rents
are highest in poorly run parks. He expressed concern regarding de-regulation and felt there
needed to be a cap on rent increases, since many park residents are low-income seniors. He
opposed the wording of the de-regulation section but supported the remainder of the ordinance.
Agency/Councilmember Padilla clarified the role of the Commission, which is to act as impartial
finders of fact on issues between residents and owners.
Page 7 Council/RDA Minutes 1- 7 01/15/02
ACTION ITEMS (Continued)
Daniel Cacho, owner in the Don Luis Estates, stated that rents in Chula Vista have remained
lower than those in neighboring cities, making it difficult for park owners to maintain the parks.
He added that while space rentals remain below market value, tenants are receiving a higher
market value for the sale oftheir homes.
Teressa Wittle, 1925-44 Otay Lakes Road #44, expressed concern that the improvements she
plans to make to her mobilehome may be compromised because of rent deregulation.
Joel Ramerth, 502 Anita Street, objected to a previous speaker's comments regarding the cost of
space to the owners.
A gentleman fÌ'om the audience stated that deregulation in a Spring Valley park has resulted in
mobilehomes being vacated by their owners and then purchased for re-sale by management. He
stated that his uncle, who lives in the park, is unable to sell his mobilehome since space rentals
are so high as a result of deregulation.
Jacqueline Fredricksen, 121 Orange Avenue #77, expressed concern that she would not receive
fair market value for her home since the park owner has requested a 70% rent increase above the
cpr. She stated that most of the mobilhomes sold are purchased by the park owner and then re-
sold.
Following Council questions and comments, Chair/Mayor Horton suggested that action be
postponed in order to further discuss vacancy de-control and other issues with park owners,
residents and staff.
ACTION: Chair/Mayor Horton moved to continue the item for three weeks.
Agency/Councilmember Rindone seconded the motion, and it carried 5-0.
9. JOINT AGENCY/COUNCIL RESOLUTION DIRECTING STAFF TO IMPLEMENT A
CODE ENFORCEMENT PROGRAM FOR INSPECTING MOBILE HOME PARKS
AND PROVIDING FIELD SUPPORT FOR THE COMMUNITY HOUSING
IMPROVEMENT PROGRAM, ADDING ONE BUILDING INSPECTOR II/CODE
ENFORCEMENT OFFICER II; AND AMENDING THE CURRENT YEAR BUDGET
AND AMENDING THE FISCAL YEAR 2002-03 SPENDING PLAN TO PROVIDE
FUNDING THEREFOR
The preservation and improvement of affordable housing is critical to the long-term
interests of Chula Vista. Therefore, a proposed new Building Inspector II/Code
Enforcement Officer II position will be assigned the responsibility of conducting
inspections of mobile home parks and providing field assistance to the Community
Housing Improvement Program (CHIP). Due to financial limitations imposed by the
State of California, the existing Title 25 Mobile Home Park Inspection Program is not
staffed at a level that can adequately respond to the deteriorating conditions found in
some of the City's mobile home and trailer parks. This position will supplement those
efforts and will be funded fÌ'om a combination of the General Fund and the
Redevelopment Low and Moderate Income Housing Fund. (Community Development
Director; Planning and Building Director)
ACTION: Chair/Mayor Horton moved to continue the item for three weeks.
Agency/Councilmember Rindone seconded the motion and it carried 5-0.
Page 8 CounciVRDA Minutes 1- ¥ 01115/02
OTHER BUSINESS
10. DIRECTOR'S REPORTS
There were none.
11. CHAIR/MA YOR REPORTS
There were none.
12. AGENCY/COUNCIL COMMENTS
There were none.
CLOSED SESSION
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
a. Agency vs. Rados Bros. [Case No. GIC734557-1]
This item was not discussed.
b. Shinohara vs. City of Chula Vista, Superior Court, County of San Diego, South
Bay Judicial District, Court Case No. GIS 002460
ACTION: Direction was given to Counsel.
c. Tuchscher vs. City of Chula Vista, Superior Court, County of San Diego, San
Diego Judicial District, Court Case No. GIC758620
ACTION: Direction was given to Counsel.
14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
One Case
This item was not discussed.
ADJOURNMENT
At II :35 p.m., Chair/Mayor Horton adjourned the meeting to an adjourned meeting of the
Redevelopment Agency on January 22, 2002, at 6:00 p.m., immediately following the City
Council meeting in the City Council Chambers.
~11A. ~ ~g ~
Susan Bigelow, CMC/ AAE, City Clerk
Page 9 Council/RDA Minutes 1- 9 01/15/02
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
January 22, 2002 6:00 p.m.
An Adjourned Meeting of the Redevelopment Agency of the City of Chula Vista was called to
order at 7:45 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth
Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Agencymembers: Davis, Padilla, Rindone, Salas and Chair Horton
ABSENT: Agencymembers: None
ALSO PRESENT: Executive Director Rowlands, Agency Attorney Kaheny, and City
Clerk Bigelow
CONSENT CALENDAR
1. AGENCY RESOLUTION NO. 1766, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA WAIVING THE FORMAL
CONSULTANT SELECTION PROCESS AND AMENDING THE CONSTRUCTION
DOCUMENT AGREEMENT WITH ESTRADA LAND PLANNING, INC. TO
PERFORM CONSTRUCTION ADMINISTRATION SERVICES FOR
IMPLEMENTATION OF THE "H" STREET ENTRYWAY BEAUTIFICATION
PROJECT
The "H" Street segment between Interstate 5 and Broadway is one of three City entry
corridors included in the entryway beautification project intended to provide enticing
entryways to the City's downtown and waterITont areas. The "H" Street beautification
elements, including reconstructed sidewalks, pedestrian-scale lighting, entry monuments,
street trees, and shrubs, will be constructed parallel to the scheduled "H" Street roadway
reconstruction project. Estrada Land Planning, Inc. is under contract with the City to
prepare the construction documents for implementation of the "H" Street entryway
beautification project. The documents include project construction plans and
specifications and, excluding minor revisions, are generally complete. The project is
scheduled to be advertised for construction bids in January 2002. Construction is
anticipated to commence in April 2002. Construction administration includes those
services designated to maximize conformity with the construction documents and ensure
satisfactory project completion. Estrada, as the landscape architect responsible for
preparation of the construction documents, is qualified to perform the construction
administration. (Community Development Director)
Staff recommendation: Agency adopt the resolution.
ACTION: Chair Horton moved to approve staffs recommendation and offered Consent
Calendar Item #1, heading read, text waived. The motion carried 5-0.
1- (0
ORAL COMMUNICATIONS
There were none.
ACTION ITEMS
2. AGENCY RESOLUTION APPROVING AN EXCLUSIVE NEGOTIATING
AGREEMENT WITH PACIFICA COMPANIES FOR THE DISPOSITION AND
DEVELOPMENT OF AGENCY-OWNED PROPERTY IN THE MIDBAYFRONT
SUBAREA OF THE BA YFRONT REDEVELOPMENT PROJECT AREA
In 200 I, Pacifica Companies notified the City of Chula Vista that it has signed an option
agreement with Chula Vista Capital, the primary property owner of the mid-bayfTont
property, for the purchase and development of the approximately 97-acre site. Pacifica
also indicated to the City its desire to include in its development proposal additional
lands, some of which are owned by the Redevelopment Agency. Pacifica Companies
created a design team consisting of architectural, engineering, and environmental
consultants, among others, to develop a concept master plan for the approximately 126-
acre project site. The project proposes 5.8 million square feet of high quality, mixed use
building area comprised primarily of residential units, some limited commercial, up to
three hotels, restaurants, recreation areas, and a community center. Pacifica Companies
is a group of diversified real estate companies with an extensive real estate portfolio
including hotels, office and industrial buildings, retail shopping centers, and residential
communities located throughout the United States. North C.V. Waterfront 1.P., a limited
partnership formed by principals of Pacifica Companies for development of the mid-
bayfTont property, has requested an exclusive negotiating agreement with the
Redevelopment Agency for two years, with an optional six-month extension, to prepare
plans, pursue entitlements, secure financing, and negotiate a disposition and development
agreement for the project. (Community Development Director)
ACTION: Chair Horton moved to continue this item indefinitely at the request of staff.
Agencymember Davis seconded the motion, and it carried 5-0.
OTHER BUSINESS
3. DIRECTOR'S REPORTS
There were none.
4. CHAIRIMAYORREPORTS
There were none.
5. AGENCY/COUNCIL COMMENTS
There were none.
Page 2 RDA Minutes 1- f/ 01/22/02
CLOSED SESSION
6. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
Agency vs. Rados Bros. [Case No. GIC734557-l]
No action was taken.
ADJOURNMENT
At 8:15 p.m., Chair Horton adjourned the meeting to the Regular Meeting of the Redevelopment
Agency on February 5, 2002, at 4:00 p.m., immediately following the City Council meeting in
the City Council Chambers.
~~i~
Susan Bigelow, CMC/ AAE, City Clerk
Page 3 RDA Minutes 1- I¿ 01122/02
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
February 5, 2002 4:00 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 5:00 p.m. in the
Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista,
California.
ROLL CALL:
PRESENT: Agency/Councilmembers: Davis, Padilla, Rindone, Salas and
Chair/Mayor Horton
ABSENT: Agency/Councilmembers: None
ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City
Attorney Kaheny, and City Clerk Bigelow
CONSENT CALENDAR
1. COUNCIL RESOLUTION NO. 2002-031 AND AGENCY RESOLUTION NO. 1767,
RESOLUTIONS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA AUTHORIZING THE CHULA VISTA NATURE
CENTER TO APPLY FOR GRANT FUNDS FROM THE WILDLIFE CARE
F ACILITlES GRANT UNDER THE DR. PAUL CHAFFEE ZOOLOGICAL
PROGRAM FUNDED BY THE SAFE NEIFHBORHOOD PARKS, CLEAN WATER,
CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000; AND
APPOINTING THE NATURE CENTER DIRECTOR AS THE CITY'S AGENT TO
EXECUTE RELATED AGREEMENTS WITH THE STATE OF CALIFORNIA IF A
GRANT IS AWARDED
The Chula Vista Nature Center has been encouraged by the State of California to
compete for funding ITom the Wildlife Care Facilities Grant Program, which will make
available funding on a competitive basis for facilities which care for native California
wildlife that have been il\iured and cannot be returned to the wild. A resolution of the
Agency and City Council authorizing the Nature Center's grant application and
designating the City's representative is a required element of the submittal. (Nature
Center Director)
Staffrecommendation: Agency/Council adopt the resolution.
ACTION: Agency/Councilmember Rindone moved to approve staffs recommendation and
offered Consent Calendar Item #1, heading read, text waived. The motion carried
5-0.
1- 13
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS
2. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT (SUPS-
01-05) TO ALLOW THE DEVELOPMENT OF AN AUTOMATIC CAR WASH AND
LUBE CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN
THE SOUTHWEST REDEVELOPMENT PROJECT AREA
ACTION: Chair/Mayor Horton moved to continue the item indefinitely at the request of
staff. Agency/Councilmember Davis seconded the motion, and it carried 5-0.
ACTION ITEMS
3. CONSIDERATION OF 1) AMENDMENTS TO THE ARTICLES OF
INCORPORATION AND BYLAWS OF THE ENVIRONMENTAL LEGACY FUND;
2) FORGIVING AND ELIMINATING ALL AMOUNTS OWED BY THE NATURE
CENTER TO THE CITY'S GENERAL FUND AND THE REDEVELOPMENT
AGENCY AS OF THE DATE OF BCT DISSOLUTION AND RATIFYING THE
BAYFRONT CONSERVANCY TRUST'S APPLICATION TO THE SECRETARY OF
STATE FOR CORPORATE DISSOLUTION; 3) CREATION OF THE NATURE
CENTER BOARD OF TRUSTEES; 4) ESTABLISHMENT OF THE NATURE
CENTER DEPARMENT; 5) APPOINTMENT OF DANIEL BEINTEMA THE
DIRECTOR OF THE NATURE CENTER DEPARTMENT; AND 6) AMENDMENT
OF THE FY 2002/03 SPENDING PLAN TO ESTABLISH THE NATURE CENTER AS
A GENERAL FUND DEPARTMENT, AND AMENDMENT OF THE ADOPTED
BUDGET FOR FY 2001/02 APPORPRIATING $63,710 FROM THE AVAILABLE
FUND BALANCE OF THE GENERAL FUND TO REPAY A LOAN FROM THE
SEWER FUND TO THE NATURE CENTER
Since its incorporation in 1986, the function and mission of the Bayfront Conservancy
Trust (BCT) has evolved from an entity seeking to receive and hold dedications of land,
restore the Sweetwater Marsh complex, and own and operate the Chula Vista Nature
Center. The BCT is now an entity whose mission is advisory in nature as an advocate for
the enhancement of the Nature Center and the Sweetwater Marsh National Wildlife
Refuge. To that end, it is the desire of the BCT to dissolve the non-profit corporation and
establish a new body charged with advising the City on matters related to the Chula Vista
Nature Center. (City Manager/Executive Director of the Redevelopment Agency)
ACTION: Agency/Councilmember Salas offered the following Resolutions for adoption and
the following Ordinances for first reading:
A. RESOLUTION NO, 2002-032, RESOLUTION OF THE CITY COUNTIL OF
THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE
ARTICLES OF INCORPORATION AND BYLAWS OF THE
ENVIRONMENTAL LEGACY FUND
Page 2 Council/RDA Minutes (- r ~ 02/05/2002
ACTION ITEMS (Continued)
B. COUNCIL RESOLUTION NO. 2002-033 AND AGENCY RESOLUTION NO.
1768, RESOLUTIONS OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
FORGIVING AND ELIMINATING ALL AMOUNTS OWED BY THE
NATURE CENTER TO THE CITY'S GENERAL FUND AND THE
REDEVELOPMENT AGENCY AS OF THE DATE OF BCT DISSOLUTION
AND RATIFYING THE BAYFRONT CONSERVANCY TRUST'S
APPLICATION TO THE SECRETARY OF STATE FOR CORPORATE
DISSOLUTION
C. ORDINANCE NO. 2852, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADDING CHAPTER 2.41 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE CREATION OF THE NATURE
CENTER BOARD OF TRUSTEES
D. ORDINANCE NO. 2853, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADDING CHAPTER 2.19 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF THE
NATURE CENTER DEPARTMENT, EFFECTIVE JULY 1,2002
E. RESOLUTION NO. 2002-034, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPOINTING DANIEL BEINTEMA THE
DIRECTOR OF THE NATURE CENTER DEPARTMENT
F. RESOLUTION NO. 2002-035, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE FY 2002/03 SPENDING
PLAN TO ESTABLISH THE NATURE CENTER AS A GENERAL FUND
DEPARTMENT, AND AMENDING THE ADOPTED BUDGET FOR FY
2001102 APPROPRIATING $63,710 FROM THE AVAILABLE FUND
BALANCE OF THE GENERAL FUND TO REPAY A LOAN FROM THE
SEWER FUND TO THE NATURE CENTER
The motion carried 5-0.
OTHER BUSINESS
4. DIRECTOR'S REPORTS
There were none.
5. CHAIR/MA YOR REPORTS
There were none.
6. AGENCY/COUNCIL COMMENTS
There were none.
Page 3 Council/RDA Minutes 1- IS- 02/05/2002
CLOSED SESSION
7. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
Tuchscher vs. City of Chula Vista, Superior Court, County of San Diego, San Diego
Judicial District, Court Case No. GIC758620
No action was taken on this item.
ADJOURNMENT
At 5:40 p.m., Chair/Mayor Horton adjourned the meeting to the Regular Meeting of the
Redevelopment Agency on February 19, 2002, at 6:00 p.m., immediately following the City
Council meeting in the City Council Chambers.
~Lu~i~
Susan Bigelow, CMC/AAE, City Clerk
Page 4 CouncillRDA Minutes (- fro 02/05/2002
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF CHULA VI~~
ADDING CHAPTER 2.41 TO THE CÊ A
MUNICIPAL CODE RELATING TO TH REATION
OF THE NATURE CENTER BOARD OF TRUSTEES
SECTION I: That Chapter 2.41 of the Chu1a Vista
Municipal code is hereby added to read as follows:
Chapter 2.41
Sections:
2.41.010 Creation.
2.41.020 Purpose and Intent
2.41.030 Functions and Duties.
2.41.040 Membership.
2.41.050 Term of Office.
2.41.060 Operation of Board of Trustees.
2.41.010 Creation.
This chapter will create a Nature Center Board of
Trustees.
2.19.020 Purpose and Intent.
It is the purpose and intent of the City Council in
establishing the Nature Center Board of Trustees to create
an advisory body which would serve as a resource to advise
and make recommendations to the City Council and the City
Manager on all matters pertaining to the Nature Center.
The purpose of the Board of Trustees is to focus
community energies and resources on developing a highly
visible city with a unique and educational Nature Center
and to develop, support, and nurture those ideas which
expand the Nature Center for the entire community. The
City Council finds and believes that a premier Nature
Center is a benefit to the region as a whole. The
preservation of environmental resources, environmental
education and the existence of the Nature Center are of
regional significance.
c-2a - (
Functions and Duties.
unction and duties of the Nature Center Board of
Trustee 1 be as follows:
A. Recommend~ie City Council the adoption of such by-
laws, rules and regulations as it may deem necessary
for the administration and protection of the Nature
Center;
B. Help coordinate and marshal support for the Nature
Center;
C. Formulate recommendations for Nature Center programs,
including funding mechanisms criteria for the
selection and placement of new exhibits, procedures
for review plans, and guidelines to carry out Nature
Center programs;
D. Regularly assess, review and update recommended goals
and long-range plans for the Nature Center; and
regularly solicit public input on the Nature Center;
E. Encourage the development of Nature Center and
environmental education programs at the Nature Center
for the youth of Chula Vista and the region;
F. Promote the continuation and expansion of the Nature
Center and environmental education programs which will
attract visitors and income.
The Board of Trustees, by having a definite focus and
by demonstrating a high degree of commitment to the Nature
Center, can conduct strategic long-range planning to help
reach these goals.
2.41.040 Membership.
A. Number of Members. The Board of Trustees shall
consist of 9 voting members, one staff ex-officio
member and such general ex-officio members of the
Board of Trustees as the City Council shall, from time
to time, appoint.
B. Designation of Members.
1. Voting Members. The 9 voting members shall
be appointed by the City Council in accordance with
2
J'\Attorney\Ordinance\Nature Center Ed of Trustees
;2 "- - d--
the provisions of Section 600, et seq., of the
Charter.
2. Staff Ex-Officio Member. The one staff ex-
officio member shall be the City Manager or his
designated representative, who shall not be required
to be a qualified elector of the City, and who shall
have no vote ("staff ex-officio member").
3. General Ex-Officio Members. The City
Council, or its designee, may appoint such additional
ex-officio members of the Board of Trustees as they
deem appropriate. Any such appointed ex-officio
members shall have no vote ("general ex-officio
member").
2.41.050 Term of Office.
A. Term of Office - All Classes of Members.
1. Post-Initial Terms. Except as otherwise
provided in this subsection (A), the term of office of
all members, and all classes of members, of said Board
of Trustees shall be for a nominal period of four
years, and shall terminate on June 30th of the fourth
year of their term, unless they shall otherwise sooner
resign, die, become disqualified or incompetent to
hold office.
2. Initial Terms of Voting Members.
Notwithstanding subsection (A) (1) of this section, the
initial terms of voting members shall commence upon
appointment and shall conclude for 1 voting member on
June 30, 2002; for 2 voting members on June 30, 2003;
for 3 voting members on June 30, 2004, and for 3
voting members on June 30, 2005, unless they shall
otherwise sooner resign, die, become disqualified or
incompetent to hold office.
a. Appointment to Initial Terms by Lot.
Appointment of the initial voting members as to the
initial terms shall be determined by lot, the fairness
of which method shall be approved by the Mayor in
advance if agreement as to method cannot be reached
among the voting members.
J, \Attorney\Ordinance\Nature Center Bd of Tru .;2
0. -3
3. Staff-Ex-Officio Member. The term of the
staff ex-officio members shall be indefinite.
4. General Ex-Officio Member. The term of
general ex-officio members shall be for a period of
four years from the time of appointment.
5. Holdover Office. Notwithstanding the end of
any member's initial term or post-initial term as
herein provided, a member, other than the staff ex-
officio members, shall be permitted to continue to
exercise the privileges of his or her former office
for not longer than six months after the end of the
term until the office to which the member was
appointed is filled by reappointment or by the
appointment of a qualified successor.
6. Vacancies. Notwithstanding the term of
office to which a member is appointed, said office
shall be deemed vacant upon any of the following
events ("event of vacancy"):
a. The death or disability of said member
that renders said member incapable of performing the
duties of his office.
b. The member's conviction of a felony or
crime involving moral turpitude.
c. The member's absence from three regular
consecutive meetings of the Board of Trustees unless
excused by majority vote of the Board of Trustees,
expressed in its official minutes.
d. The member has submitted a resignation,
which resignation has been accepted by the City
Council.
e. The membership has been terminated by
four affirmative votes of the City Council.
Upon the occurrence of an event of vacancy as
hereinabove listed, the City Council shall so declare
the office to be vacant, and shall expeditiously take
such steps as are necessary to fill said vacancy.
J,\Attorney\Ordinance\Nature Center Ed of c2~ -<I
B. Number of Terms.
1. Voting Members.
a. Two-Term Limit. No voting member shall
be appointed to more than two terms except as herein
provided ("two-term limitR).
b. Unexpired Term Exception.
Notwithstanding the two-term limit, a person appointed
to the Board of Trustees as a voting member to fill
the unexpired term of an office of a voting member
which has become vacant ("unexpi red termR), which has
less than two years remaining on said unexpired term,
may be appointed to two terms in addition to their
unexpired term. A voting member who currently
occupies an office may not be reappointed to fill the
unexpired term of another office which has become
vacant.
c. Initial Term Exception.
Notwithstanding the two-term limit, a person appointed
to an initial term of two or less years may be
appointed at the natural expiration of their initial
term to two full four-year terms in addition to their
initial term. A voting member who occupies an office
under an initial term may not be appointed to fill the
unexpired term of another office which has become
vacant.
d. Any voting member may be reappointed to
serve on the Board of Trustees after two successive
years of not serving on the Board of Trustees in any
office or membership capacity - voting or staff ex-
officio.
2. Staff Ex-Officio Member. The staff ex-
officio members shall serve as the pleasure of the
City Council.
3. General Ex-Officio Members. A general ex-
officio member may be reappointed without limitation
as to number of terms.
5
J, \AttorneYIOrdinance\Nature Center Bd of Trust do.. - .s-
2.41.060 Operation of Board of Trustees.
A. Frequency, Time and Place of Regular meetings. The
Board of Trustees shall hold at least one regular
meeting each month commencing at 4:00 p.m. on the
first Wednesday thereof, or at such other day and time
that it shall designate by written resolution, a copy
of which shall be forwarded to the City Council and
entered in the minutes of the meeting thereof, at the
Chula Vista Nature Center, Chula Vista, or at such
other place that it shall designate by written
resolution, a copy of which shall be forwarded to the
City Council and entered in the minutes of the meeting
thereof, or as may be posted upon the door of Nature
Center at least 30 minutes in advance of the meeting.
B. Officers of the Board of Trustees. The Board of
Trustees shall select a chair and a vice-chair from
among its voting members. The chair and vice-chair so
selected shall serve for a period of one year.
C. Special meetings. The Board of Trustees may meet
specially at such other times, days and places as it
shall establish by majority vote, or at such time as
the chair thereof may call, or at such times as a
majority of the members thereof may call a meeting.
D. Conduct of Meetings. The meetings of the Board of
Trustees, and notice thereof, shall be governed by the
same rules and regulations by which the City Council
is bound in the conduct of public meetings.
E. Quorum. 5 voting members shall constitute a quorum
for the transaction of business.
F. Resolutions. A majority of the votes cast, but not
less than a majority of the quorum, shall be required
for the passage of any resolution of the committee.
G. Reports and Recommendations. All reports and
recommendations shall be made in writing.
H. Staff Support. All officers and department heads
shall cooperate with, and render reasonable assistance
to, the Board of Trustees. The City Manager may make
available staff and clerical support to the Board of
J,\Attorney\Ordinance\Nature Center Ed of T, .,)a. -C:>
Trustees to fulfill its functions and duties, provided
such staff and clerical support is available.
1. Rules and Regulations. The Board of Trustees may make
such rules and regulations not inconsistent with the
provisions of this chapter.
J. Gifts and Grants. The Board of Trustees may, subject
to the approval of the City Council, accept gifts and
grants from any source to assist it in the performance
of its functions.
K. By-Laws. The Board of Trustees may pass such other
and further rules and regulations regarding the
internal affairs of the Board of Trustees as are not
inconsistent with the terms and conditions of this
chapter.
SECTION II: This ordinance shall take effect and be
in full force on the thirtieth day from and after its
second reading and adoption.
Prepared by Approved as to form by
Dave Rowlands, Jr.
City Manager
7
J' IAttorneylOrdinancelNature Center Sd of Trustee ;) ?Ie -7
tiP~o\\
ORDINANCE NO. f)P\\\G. ~Q
~Q~
AN ORDINANCE OF THE CITY OF CH~ÇpVISTA
ADDING C,"APTER 2.19 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE
ESTABLISHMENT OF A NATURE CENTER
DEPARTMENT EFFECTIVE JULY 1, 2002
SECTION I: That Chapter 2.19 of the Chula Vista
Municipal coàe is hereby aààeà effective July I, 2002 to
reaà as follows:
Chapter 2.19
Sections:
2.19.010 Established - Scope.
2.19.020 Effect on Existing Employees.
2.19.030 Director - Duties anà Responsibilities.
2.19.010 Establisheà - Scope.
This chapter will establish a nature center àepartment
which shall incluàe all of the services and facilities
currently proviàeà by the Chula Vista Nature Center. The
Nature Center Department shall proviàe services anà
supervision for the Nature Center's facility anà programs,
for cooràinating with other àepartments for the provision
of services, anà in any other manner as àirecteà by the
City Manager anà/or City Council.
2.19.020 Effect on Existing Employees.
No employee who was employed anà classifieà in the
previous Bayfront Conservancy Trust structure shall be
penalizeà in any way by reason of the aàoption of this
chapter.
2.19.030 Director - Duties anà Responsibilities.
The Nature Center Department shall be under the
supervision of the Nature Center Director, who shall have
the following duties and responsibilities.
d b - (
hO'
'¡¡'/a .
(Z.1 0;.'
A. ~M;~~Sh and maintain administrative rules and
regula~1~~f?verning the administration of the Nature
Center Depat{m~nt;
B. Recommend to the Nature Center Board of Trustees and
to the City Council rules and regulations governing
the conduct of persons using the Nature Center and
participating in its programs;
C. Plan, organize and direct Nature Center educational
programs and administer the same;
D. Direct the regular maintenance and upkeep of, and
capital improvements to ëhe Nature Center facilities
and grounds;
E. Train and supervise Nature Center personnel;
F. Prepare, submit, and administer a departmental budget
as required;
G. Schedule the use of Nature Center facilities;
H. Maintain such records and render such reports as may
be required by the chief administrative officer.
SECTION II: This ordinance shall take effect and be
in full force on the thirtieth day from and after its
second reading and adoption.
Prepared by Approved as to form by
Dave Rowlands, Jr.
City Manager
.... b -d-
J, \Attorney\Ordinance\Nature Center ~
PAGE 1, ITEM NO.: 3
MEETING DATE: 02/19/02
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM TITLE: RESOLUTION ADOPTING MITIGATED NEGATIVE DECLARATION IS-
01-050 AND APPROVING OWNER PARTICIPATION AGREEMENT
WITH DANIEL L. AND RUTH STREET FOR THE CONSTRUCTION OF A
9,000-SQUARE FOOT PRE-FABRICATED INDUSTRIAL BUILDING AT
2365 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT
PROJECT AREA
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L\;\-~ CS
REVIEWED BY: EXECUTIVE DIRECTOR ~
4/5THS VOTE: YES D NO 0
BACKGROUND
Daniel L. and Ruth Street, as properly owners, are proposing to construct a 9,000-sq. ft. pre-
fabricated industrial building at 2365 Main Street, within the boundaries of the Southwest
Redevelopment Project Area. The metal building will be used to enclose auto parts from dismantled
vehicles, which is currently being done in the open areas of the site. This proposal is part of a three-
phase project originally approved through a Special Use Permit by the Redevelopment Agency in
1993. The applicant is proposing to implement the second phase of the project now, with a third
phase to be implemented in a few more years. The project is being constructed on a graded lot with
two industrial buildings fronting on Main Street, one of which serves as the business office.
The proposed land use is permitted under an Agency-approved Special Use Permit, the General
Plan, Southwest Redevelopment Plan, and Zoning Ordinance. The City's Environmental Review
Coordinator reviewed the proposed project pursuant to the provisions of the California
Environmental Quality Act and determined that, with the adoption of certain mitigation measures,
it would have no significant impacts. Accordingly, the Coordinator recommends adoption of
Mitigated Negative Declaration IS-01-050.
Since the proposed project is within the Southwest Redevelopment Project Area, the environmental
document and the Owner Participation Agreement (which includes the design plans and a list of
conditions) are being presented to the Redevelopment Agency for consideration and approval.
RECOMMENDATION
It is recommended that the Redevelopment Agency approve the resolution adopting the mitigated
Negative Declaration and approving, subject to conditions, the Owner Participation Agreement.
.3 - (
PAGE 2, ITEM NO.:
MEETING DATE: 02/19/02
BOARDS/COMMISSIONS RECOMMENDATION
The Design Review Committee reviewed the proposed proiect plans on January 7, 2002 and
recommended approval of the project as described in Exhibit A, subject to conditions listed in
Exhibit B of the Owner Participation Agreement.
DISCUSSION
Site Characteristics
The project is located on a 3-acre parcel on the south side of Main Street, between Hollister Street
and Jaqua Street in the Montgomery Specific Plan Area and the Southwest Redevelopment Area.
The site is currently developed with a 2,800-square-foot office building; a 10,450-square-foot
auto parts storage building, and unenclosed auto parts on the remainder of the lot. This
proposal is the second of a three-phase conceptual plan approved by the Redevelopment Agency
in 1993. Along with the design plan approval, the Agency also approved a Special Use Permit
for the use to continue operating at the site. The property is designated as Industrial, Research &
Limited Manufacturing on the City's General Plan, and is zoned Light Industrial with a Precise
Plan overlay. Adjacent zoning and land uses include:
ZONE CURRENT LAND USE
North ILP Industrial
South ILP Industrial
East ILP Industrial
West ILP Industrial
Proiect Description
The second phase of the project which is being considered under this application consists of the
construction of a 9,000-square-foot prefabricated metal warehouse building; eight new parking
spaces; landscape improvements per the master landscape plan approved in the 1993 phase I;
and a decorative wood fence along the lot's southern property line, facing Faivre Street. These
proposed additions were identified as Phase II of the Master Plan approved by the Agency in
1993. However, one of the conditions of the 1993 approval states:
The existing office structure shalf be reviewed in terms of its architectural compatibility with
the newly proposed building and improved as part of the second deye/opment phase.
The current proposal addresses the warehouse building only. The applicant has asked for
additional time to work on the design of the office building. Staff believes that, given that the
existing office building is in good condition and appearance, it is appropriate to grant the
applicant's request and recommends that prior to final inspection of the warehouse building,
applicant shall return to the DRC with proposed architectural improvements for the existing office
structure. It should be noted that the proposed modification to this condition, as requested by the
3-d-
PAGE 3, ITEM NO.:
MEETING DATE: 02/19/02
Applicant, is still consistent with the intent of the original Special Use Permit approyed by the
Agency in 1993.
Access and Parkina
Access to the site is a two-way driveway off Main Street. A 24-foot-wide "all weather surface" fire
lane intersects the property north/south, and is gated at Faivre Street. The southern end of the
lane includes a 75-foot-wide hammerhead for fire truck turnaround.
Section 19.62.050 of the Chula Vista Municipal Code (CVMC) requires one parking space for
each 1 ,OOO-square-feet of warehouse. There are currently 15 parking spaces; eight new spaces
are proposed for the new building.
The proposed metal warehouse will match the existing warehouse on the site. The walls will be
tan and the roof will be white. The proposed warehouse will not be visible from the east due to a
two-story stucco building on the adjacent eastern lot. The warehouse will rise above the 6-foot-
high metal fence along the western property line; however, buildings on the adjacent western
parcel will hide the building from eastbound traffic on Main Street. Because the new warehouse
will be placed directly behind the existing warehouse, it will not be visible from Main Street;
however, it will be partially visible from Faivre Street.
Environmental Mitiaation
The City's Environmental Review Coordinator conducted an initial study of the proposed project
and determined that the project did not require the preparation of an Environmental Impact
Report. However, the Coordinator determined that the implementation of the project would
require certain mitigation measures in order to keep potential impacts below a level of
significance. Among the mitigation measures are the following:
. A variety of measures to be implemented during construction of the project geared toward
the prevention of air pollution.
. Measures to be implemented during construction and post-construction of the project to
prevent dirt and other trash/debris from entering the storm water drain system.
. Compliance with requirements of the Clean Water Act, the Regional Water Quality
Control Board, and NPDES.
With the Implementation of these mitigation measures, the project's impacts will be kept below a
level of significance. The Applicant has agreed and these measures have been incorporated into
the Project.
Owner Participation Aareement
The Owner Participation Agreement is required on all projects with an estimated value of $20,000
or more, and outlines the Applicant's responsibilities. Among other requirements, the Applicant will
be required to:
.,3-3
PAGE 4, ITEM NO.:
MEETING DATE: 02/19/02
1. Develop the property in accordance with the approved development proposal subject to the
conditions of all City Departments, the City's Design Review Committee and the
Redevelopment Agency.
2. Secure all necessary permits in a timely manner and maintain the property in first class
condition.
3. The agreement also states that the Applicant agrees to indemnify and protect the
Redevelopment Agency from and against any liability associated with the project.
It should be noted that currently there is no OPA for the original three-phase Master Plan for the
development of the Property. Only the Special Use Permit was presented to the Agency for approval
in 1993. Now that the Developer is submitting plans for the second phase of the Master Plan, staff
is presenting the OPA for the entire Master Plan to the Agency for approval, as required by
Redevelopment law.
Conclusion
It is staff's opinion that the construction of the proposed building will be beneficial for the area
because it will enclose some of the current automobile dismantling activities and will serve to
store the automobile part that are waiting to be sold. The Project will contribute to the gradual
elimination of outdoor uses and to the removal of blighting influences, which furthers the goals
and objectives of the Southwest Redevelopment Plan and the Montgomery Specific Plan.
FISCAL IMPACT
The proposed project has an estimated valuation of $ 300,000. This will generate an annual tax-
increment revenue of approximately $ 3,000, which will be distributed as follows: Twenty percent
($600) for the Housing Set-Aside fund; of the remaining $2,400, fifty three percent ($1,272) will be
allocated to other taxing entities as part of the tax sharing pass-thru agreements; the rest ($1,128)
will accrue to the Southwest Redevelopment Project Area fund.
AnACHMENTS
Locator Map
Attachment A - Negative Declaration IS-01-50
Attachment B - Owner Participation Agreement with the following:
Exhibit A - Design Plans
Exhibit B - Design Review and Agency Conditions of Approval
Exhibit C - Locator Map
J:\COMMDEV\STAFF.REP\02-19-02\West Auto Wreckers - 2365 Moin Street.doc [02/13/2002 2:34 PM]
3-1
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-
01-050 AND APPROVING OWNER PARTICIPATION AGREEMENT WITH
DANIEL L. AND RUTH STREET, JOINT TENANTS FOR THE
CONSTRUCTION OF A 9,OOO-SQUARE FOOT PRE-FABRICATED
INDUSTRIAL BUILDING AT 2365 MAIN STREET WITHIN THE
SOUTHWEST REDEVELOPMENT PROJECT AREA
WHEREAS, Daniel L. and Ruth Street, as Joint Tenants (hereinafter referred to as "DeYeloper"), own
the property at 2365 Main Street, which is diagrammatically shown in the Locator Map attached to the Owner
Participation Agreement and incorporated herein by reference; and,
WHEREAS, in 1993 the Redevelopment Agency approyed a Special Use Permit and a three-phase
plan for the Deyeloper to construct three industrial buildings at 2365 Main Street in order to enclose the
automobile dismantling activities and to enclose the storage of automobile parts; and,
WHEREAS, the Developer has built the first phase of the project and is now presenting plans for the
construction of the second phase, which is a 9,000-square foot pre-fabricated industrial building and
associated lot improvements ("Project"); and
WHEREAS, the site for the proposed Project is located within the Southwest Redeyelopment 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 issued
Mitigated Negative Declaration IS-01-050 for the project in accordance with CEQA; the declaration reflects
the independent judgment of the Redeyelopment Agency of the City of Chula Vista; 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 Redeyelopment
Agency and known as document RACO 02-02, approYing the three-phase Master Plan for the Property and
the construction of a 9,000-square foot pre-fabricated industrial building, as part of the second phase of the
Master Plan, located at 2365 Main Street, depicted in Exhibit A and subject to conditions listed in Exhibit B of
said agreement.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does
hereby find, order, determine and resolye as follows:
1. The proposed project will not haye a significant impact on the environment; accordingly Mitigated
Negative declaration IS-01-050 was prepared and is hereby adopted in accordance with CEQA.
2. The proposed project is consistent with the Special Use Permit issued by the Redeyelopment
Agency on February 16, 1993 for the three-phase Master Plan for the Property.
3. The proposed project is consistent with the Southwest Redeyelopment Plan and shall implement
the purposes thereof.
..3-~
4. The Redevelopment Agency of the City of Chula Vista hereby approves the Owner Participation
Agreement with Daniel L. and Ruth Street for three-phase Master Plan for the Property and the
construction of a 9.000-square foot pre-fabricated industrial building at 2365 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 Daniel L. and Ruth Street.
5. 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.
Presented by: Approved as to form by:
Chris Salomone
Community Development Director
.3-Go
D' I.A
INDUSTRIAL INDUSTRIAL
BUILDING COMPLEX
GRYPHON
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BUSINESS
SUITES PROJECT
CITY OF CHULA VISTA LOCATION
COUNTY OF SAN DIEGO 8",\
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.-.-. .-.-. -.-.
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ~~~~1r: DANNY L STREET PROJECT DESCRIPTION:
C) DESIGN REVIEW
PROJECT 2365 MAIN STREET
ADDRESS: Request: Proposal to construct a 9.000sq It pre-<ongineered
structural steel building. Phase 2 of project with usage for a
SCALE: I FILE NUMBER: warehouse to store clean. disassembled auto parts.
NORTH No Scale DR~1-43 Related Case: 18-01-050 3-7
Mitigated Negative Declaration ATTACHMENT A
PROJECf NAME: West Auto Wreckers
PROJECI' LOCATION: 2365 Main Street
ASSESSOR'S PARCEL NO.: 622-190-2600
PROJECI' APPLICANT: Danny L. Street
CASE NO.: IS-O1-O50
DATE: November 16, 2001
A. Project Settiog
The 3.0-acre site is developed as an existing industrial use consisting of the West Auto Wrecker's Ltd., an
auto wrecking and salvage yard (refer to Locator Map-Attachment A). The site is flat and contaios non-
native plant material. No listed plant or animal species are koown to occupy the site or surrounding area.
The subject property is within the JLP (Limited Industrial) Zone and designated JLP (Industrial) on the
City's General Plan, within the Southwest Redevelopment Area and Montgomery Specific Plan. The
surrounding area is fully developed with the following land uses:
North - Trucking Warehouse;
East - Self-Storage Warehouse;
South - Trucking Firm; and
West - Self-Storage Warehouse.
The proposed site is within the lOO-year floodplain designation for the Otay River. The existing run-off
currently flows to Main Street and to the southern portion of the parcel where runoff is allowed to pond.
The off-site drainage facilities run along Faivre Street. The area adjacent to Faivre Street is higher than
the present site elevation by one-foot.
B. Proiect DescriDtion
The existing busioess operation includes an auto wrecking and sa! vage yard. The goal of this project is to
enclose within a building disassembled auto parts that are currently being stored outside West Auto
Wreckers entered an agreement in 1992 with the City of Chula Vista to construct three storage warehouse
buildings. The applicant proposed the development of this site in three separate phases. In 1992, Phase 1
development iocluded an 11,250 square foot one-story prefabricated steel warehouse for use as an auto
parts storage area with a 2,800 square foot, one-story office building. A Mitigated Negative Declaration
(IS-92-45) was adopted.
The proposed project consists of a 9,000 square foot, one-story prefabricated steel warehouse that will be
used for storage of auto parts from dismantled vehicles. The proposed project iocludes the following on-
site improvements; additional parking, landscaped treatments, lighting and replacement of existing
fencing along the eastern and southern property lioes.
.3-'i(
Due to the site being within the lOO-year floodplain designation for the Otay River, the floor elevation of
the proposed building will be required to be raised I-foot above the flood plain. The existing driveway
will be used for access to the project site with additional access from Faivre Street. The proponent will be
required to maintain curb, gutter and sidewalk improvements along Main Street. Completion of full cul-
de-sac improvements will be required along Faivre Street.
Discretionary approvals coosist of review by the Design Review Committee, and grantiog of a Special
Use Permit by the Redevelopment Agency.
C. Conmliance with Zonine: and Plans
The proposed auto parts storage facility is consistent with the ILP (Limited Industrial - Precise Plan)
zoning designation, ILP (Limited Industrial) General Plan designation, Southwest Redevelopment Plan,
Montgomery Specific Plan and the City's environmental plans and policies.
D. Public Comments
On Junel9, 2001 a Notice of Initial Study was circulated to property owners within a 5OO-foot radius of
the proposed project site. The public review period ended July 2, 2001. No written comments were
received.
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist
fonn) determined that the proposed project would result in one or more significant environmental effects.
Subsequent revisions in the project design have implemented specific mitigation measures to reduce these
effects to a level of less than significant.
The preparation of an Environmental Impact Report will not be required. This Mitigated Negative
Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Specific
mitigation measures have also been set forth in the Mitigation Monitoring Program. refer to Attachment
"A".
Hazards
A Phase I and Phase II, environmental site assessment of the subject site was required to determine the
extent, if any, of contamination onsite from the wrecking yard operations and to identify mitigation
measures. GeoSoils, Inc. (Geotechnical Engineers) prepared the Phase I and Phase n (December 28,
2000.) Three soil borings were done within the locatioo of the currently proposed development. Two
were analyzed for volatiles and one was analyzed for metals. All of the test boring concluded that the
concentrations of hazardous waste were below the level necessary for mitigation; however, the report was
inconclusive regarding the potential for hydrocarbon contamination in the soil and did recommend
mitigation.
Based on the Phase I and Phase n conclusions, the applicant entered the County of San Diego Voluntary
Assistance Program in order to verify that the mitigation proposed for the potential hydrocarbon
contamination is adequate. The County of San Diego Voluntary Assistance Program is a joint program of
the CQunty and the Regional Water Quality Control Board (RWQCB). Through the program this site was
evaluated to determine the potential for hazardous levels of hydrocarbon on site. The County's Case
Closure letter indicates that all of the levels of hydrocarbons were deemed appropriate for site closure and
future development of the site with this proposed use. No excavation or remediation activity needs to be
J - 9
~--
performed. It further stated that no contaminated soils are estimated to be remaining on the site and no
clean up is required.
Soils
According to the Preliminary Geotechnical Evaluation prepared by GeoSoils, Inc. dated December 29,
2000, the most significant elements of the study indicated:
a) the inability of the existing fill to support foundation loads without undergoing deformation;
b) existing fill materials are predominately underlain by compressible alluvium and weathered terrace
deposits;
c) the potential for differential soil settlement;
d) the possibility of seismic shaking due to location of regional or nearby active faults.
Implementation of the mitigation measures identified in the soils report, which are listed below, will
reduce potential impacts to soils to less than significant.
Draina!!:e
The project site is relatively flat, mainly unpaved and within the loo-year Floodway Frequency Boundary
(FEMA) floodplain. The project site is one-foot below Faivre Street to the south. According to the
Drainage Study prepared by DGB Survey and Mapping, dated October 20, 2000 the proposed project will
create no significant change in the drainage path, and the proposed development will increase the
drainage runoff by approximately 25% percent.
According to the Engineering Department, the site is mainly unpaved and there is a depression at the
south end of the site that detains the runoff. This drainage facility is adequate to handle the current
conditions on the property, however, Faivre Street is higher than the present site elevation and the runoff
is contained within the property. The project site and surrounding areas are prone to flooding. The
raising of the building pad elevation by I-foot above the identified floodplain will less the impact to a
level of less than significant. A natural ditch is located to the south across Faivre Street. This drainage
facility takes runoff from Faivre Street and the surrounding properties. These conditions could create
significant drainage impacts unless mitigated. According to the Engineering Department, there are options
that the applicant can incorporate into their project to mitigate drainage impacts. These options include
connection with the natural ditch across Faivre Street or connection with a drainage stub located
approximately 300 feet to the west along Faivre Street. The incorporation of these options into the
grading and improvement plans to the satisfaction of the City Engineer will lessen the impacts to a level
of less than significant.
Miti!!:ation Necessary to Avoid SÍlmificant Inmacts
Air Oualitv
Construction Related Inmacts
1. All unpaved construction areas shall be sprinkled with water or other acceptable dust control
agents during dust-generating activities to reduce dust emissions. Additi9onal watering or dust
control agents during dust generating activities to reduce dust emissions. Additional watering or
dust control agents shall be applied during dry weather or windy days until dust emissions are not
visible.
2. Trucks hauling dirt aDd debris shall be properly covered to reduce windblown dust aDd spills.
...!i-fO
3. A 20-mile-per hour speed limit on unpaved surfaces in connection with the project shall be
enforced.
4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce
re-suspension or particulate matter caused by vehicle movement. Approach routes to
construction sites shall be cleaned daily of construction related dirt in dry weather.
5. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible and as
directed by the City to reduce dust generation.
Water
6. The applicant shall comply with the National Pollutioin Discharge Elimination Systems (NPDES)
Municipal Permit Order No. 2001-01 and Better Management Practices (BMPs) during and after
development to prevent erosion and sedimentation in the downstream storm drain system.
DraioaltelSoilslHazards
Construction Related lmDacts
7. Prior to the issuance of a grading permit for the proposed project, the applicant must
provide the engineering department with certification by a registered engineer that the
proposed finish floor elevation is at least one foot above the identified floodplain in
accordance with City of Chula Vista and FEMA requirements.
8. Gradiog plans shall incorporate all recommendations of the Preliminary Geotechnical Evaluation
prepared by GeoSoils, Inc., dated December 29. 2000.
9. Grading plans shall incorporate drainage facility improvements within the grading and
improvement plans to the satisfaction of the City Engineer.
10. Temporary desilting and erosion control devices shall be installed. These devices
including desilting basins, berms, hay bales, silt fences, dikes and shoring. Protective
devices will be provided at every storm drain inlet to prevent sediment from entering the
storm drain system.
11. Catch basin filters shall be installed to prevent trash and silt from entering the storm drain
system.
12. Catch basin filters shall be maintained and inspected in accordance with scheduling
prepared by the City of Chula Vista Engineering Division.
I agree to implement the mitigation measures required as stated in this Section (F) of this Mitigated
Negative Declaration.
~:eAV.:lAI~ I +- r II ££,
Date '
F. Consultation
1. City of Chula Vista:
Marilyn R.F. Ponseggi, Planning Division
Maria Muett, Planning Division
-3-I(
---
Jim Greering, Fire Marshall
Samir Nuhaily, Engineering Department
Kim Vander Bie, Planning Division
Silvester Evetovich, Engineering Department
Steve Power, Planning Division
Frank Rivera, Engineering Division
Ralph Leyva, Engineering Division
Applicant's Agent:
Danny L. StreetlDave Adams
2. Documents
Chula Vista General Plan (1989) and EIR (1989)
Title 19, Chula Vista Municipal Code, September 1997
3. Initial Studv
This environmental determination is based on the attached Initial Study, any comments received on the
Initial Study and any comments received duriog the public review period for this negative declaration.
The report reflects the independent judgment of the City of Chula Vista. Further infonnation regarding
the environmental review of this project is available from the Chula Vista Planning Department, 276
Fourth Avenue, Chula Vista. CA 91910.
~ Çf// ¿;íJ~ ~ . Date: 'tro!
M Iyn R. . Ponseggi
Environmental Review Coordinator
...3- r2-
Case No.IS-Ol-OSO
ENVŒONMENTALCHECKLISTFORM
1. Name of Proponent: Danny L. Street
2. Lead Agency Name and Address: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
3. Address and Phone Number of Proponent: 2365 Main Street
Chula Vista, CA 91910
4. Name of Proposal: West Auto Wreckers (phase II)
5. Date of Checklist: November 9, 2001
-""y
-""y Sipllkam Los-
s- U""" - No
-. _fed -. Impoct
I. LAND USE AND PLANNING. Would the
proposal:
a) Conflict with general plan designation or 0 0 0 181
ZOlllng?
b) Conflict with applicable environmental plans or 0 0 0 181
policies adopted by agencies with jurisdiction
over the project?
c) Affect agricultural resources or operations (e.g., 0 0 0 181
impacts to soils or farmlands, or impacts from
incompatible land uses)?
d) Disrupt or divide the physical arrangement of an 0 0 0 181
established community (including a low-income
or minority community)?
Comments:
The project site is located at 2365 Main Street, in the western portion of the City. The existing land
use is an auto wrecking and auto parts salvage yard. The proposed project includes enclosing
portions of the existing use and will continue the existing use, which is an industrial land use.
Trucking warehouses and self-storage facilities surround the project site.
The subject property is zoned ILP (Limited Industrial) Zone and designated ILP (Industrial) on the
City's General Plan within the Southwest Redevelopment Area aDd the Montgomery Specific Plan.
The proposed project is consistent with the Zoning Ordinance, General Plan, and SpecificPlao
designations. Therefore, the development of the auto parts storage facility would not result in
significant land use and planning impacts or impact the physical arrangement of the established
community in the surrounding area.
Page -1 ..;3-(3
~~~~-~ ~~--~~~~~~_CC-~-~~-~~oo_~~.~c~. ---
Mitigation Measures:
No mitigation measures are required.
--
ll. POPULATION AND HOUSING. Would the - -.. .........
s_.. u..... -.. No
proposal: - -"" - -
a) Cumulatively exceed official regional or local 0 0 0 J8
population projections?
b) Induce substaotial growth in an area either 0 0 0 J8
directly or indirectly (e.g., through projects in an
undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable 0 0 0 J8
housing?
Comments:
The project proposal is a continuation of ao existing use on a partially developed site designated on
the City's General Plan for industtial use. The continuation of existing use on the site (auto parts
storage facility) will not result in the inducement of substaotial growth in this area or in the
displacement of existing housing. No significaot population or housing impacts would be created as
a result of the proposed project.
Mitigation Measures:
No mitigation measures are required.
--.,.
Ill, GEOPHYSICAL. Would the proposal result in or """"Y -.. .........
s- u..... s- No
expose people to potential impacts involving: -' .......... -, "",,<t
a) Unstable earth conditions or changegjn geologic 0 0 0 J8
substructures?
b) Disruptions, displacements, compaction or 0 0 0 J8
oveœovering of the soil?
c) Change in topography or ground surface relief 0 0 0 J8
features?
d) The destruction, covering or modification of any 0 0 0 J8
unique geologic or physical features?
e) Any increase in wind or water erosion of soils, 0 0 0 J8
either on or off the site?
f) Chaoges in deposition or erosion of beach 0 0 0 J8
sands, or changes in siltation, deposition or
erosion which may modify the channel of a river
or stream or the bed of the ocean or any bay
inlet or lake?
g) Exposure of people or property to geologic 0 0 0 J8
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards?
Page - 2 .3-/~
--------~ ~ - ~ ~ - -- ~------------- -- - ----~~- ---- ~ ~ ~- -- -- -- ---
~-~-~ -~-~ ~----------- .. - --------~--- ~ - ---u ~- --
Comments:
There are no known geophysical conditions present that would expose-people to geologic or earth
hazards. The site is not within a mapped Earthquake Fault Zone; the La Nacion Fault is
approximately five miles to the east and the Rose Canyon Fault is approximately three miles to the
east. Compliance with the building design and construction requirements of the Uniform Building
Code would avoid potentially significant structural impacts resulting from seismic activity.
The project site is essentially flat and minimal grading would be required to prepare the site for the
proposed development. The proposed project includes paving of the existing dirt area along the
southern portion of the project site. According to the Preliminary Geotechnical Evaluation prepared
by GeoSoils Incorporated dated December 29, 2000 the proposed building development is feasible
from a geological and engineering analysis provided the proposed measures are incorporated into the
design and construction of the project. Compliance with the recommendations of the Geotechnical
Evaluation, and the building design and construction requirements of the Uniform Building Code,
will avoid potentially significant impacts.
Although grading operations will be performed in compliance with the City of Chula Vista Grading
Ordinance (Ordinance 1797, as amended), significant erosion impacts could occur during the
excavation and construction period due to disruptions of the soil. Soil erosion could result in
sedimentation in the storm drain system resulting in a significant impact unless mitigated to a level
of less than significant The compliance with the National Pollutant Discharge Elimination Systems
(NPDES) Pennit Order No. 200l-Πand Best Management Practices (BMPs) are required to be
implemented during and after construction to prevent erosion and sedimentation in the downstream
storm drain system.
Mitigation Measures: Mitigation measures listed in Section XIX would reduce impacts to a level
of less than significant.
--
-- - ""'....
IV. WATER. Would the proposal result in: -'" u..... s- N.
- - - "-',
a) Changes in absorption rates, drainage patterns, 0 0 181 0
or the rate and amouot of surface ruooff?
b) Exposure of people or property to water related 0 0 0 181
hazards such as flooding or tidal waves?
c) Discharge into surface waters or other alteration 0 0 0 181
of surface water quality (e.g., temperature,
dissolved oxygen or turbidity)?
d) Changes in the amouot of surface water in any 0 0 0 181
water body?
e) Changes in currents, or the course of direction 0 0 0 181
Page - 3 J -/~
~u - -~u -- ~ ------~----- ~ ~ ---
~ --~u~- u ---~-um ----~
of water movements, in either marine or fresh
waters?
f) Change in the quantity of ground waters, either 0 0 0 ~
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations?
g) Altered direction or rate of flow of 0 0 0 ~
groundwater?
h) Impacts to groundwater quality? 0 0 0 ~
i) Alterations to the course or flow of flood 0 0 0 ~
waters?
j) Substantial reduction in the amount of water 0 0 0 ~
otherwise available for public water supplies?
Comments:
The 3.O-acre project site is located within the Floodway Frequency Boundary (FEMA), inside the
1OO-year flood plain. The site is relatively flat and mainly unpaved.
The Drainage Study prepared by DGB Survey and Mapping, dated October 20, 2000, indicates the
proposed project would create no significant change in the drainage path and the proposed
development will increase the drainage runoff by approximately twenty-five percent.
According to the Engineering Department, the existing run-off currently flows towards Main Street
and towards the southern portion of the property, near Faivre Street. There is a depression at the
south end of the property that cootains the surface runoff. The off-site drainage facilities run along
Faivre Street.
Development of the site with industrial buildings will result in a negligible increase in surface water
run-off. The lowest floor elevation will be raised one foot above the base flood elevatioo and off-
site drainage improvements including coonection with a natural ditch to south or connection with a
drainage pipe stub along Faivre Street, to the satisfaction of the City Engineer, will be included as a
mitigation measure and shown on the first submittal of grading/improvements plans.
All grading operations will be performed in compliance with the City of Chula Vista Grading
Ordinance (Ordinance 1797, as amended). Short-tenn erosion of the cut and fill slopes would be
reduced to a less than significant level by the installation of temporary desilting and erosion control
devices as specified 00 the site plan. These devices include desilting basins, berms, hay bales, silt
fences, dikes, and shoring. Protective devices will be provided at every stonn drain inlet to prevent
sediment from entering the stonn drain system. Additional erosion control measures will be
installed as required by the City Engineer.
According to the Engineering Department, the compliance with the Natiooa1 Pollutant Discharge
Elimination Systems (NPDES) Permit Order No. 2001-01 and Best Management Practices are
required to be implemented during and after development to prevent erosion and sedimentation in
the downstream stonn drain system. The facility is already covered under the General Industrial
Permit, but the applicant shall notify the SWRCB of any facility changes. The proposed project will
result in a use that is currently being done outside being moved into a building on a foundatioo. The
potential for groundwater contaminatioo as a result of the proposed change in the operation of the
use will be reduced from the current condition. No significant impacts to ground water would result
because there would be no additions or withdrawals from local aquifer.
Page - 4 -3-(~
----- - ---."---- ""----__--___n--____.----- - ------ -- - ----
-- ---- --- -------------- ------. -- ---------
Mitigation Measures:
Mitigation measures listed in Section XIX would reduce impacts to a level of less than significant.
...........,
V. AIR QUALITY, Would the proposal: -...." -- Less....
-- U.- S........., N.
-, -"" "'-' "'-'
a) Violate any air quality standard or contribute to 0 0 0 181
an existing or projecred air quality violation?
b) Expose sensitive receptors to pollutants? 0 0 0 181
c) Alter air movement, moisture, or temperature, 0 0 0 181
or cause any change in climate, either locally or
regionally?
d) Create objectionable odors? 0 0 0 181
e) Create a substantial increase in stationary or 0 0 0 181
non-stationary sources of air emissions or the
deterioration of ambient air quality?
Comments:
Neglible air quality effects would result from the emissions of the project's 94 average daily trips
(ADTs). The proposed project, construction of an auto parts storage facility, would not alter air
movements, humidity, or climatic temperate. The proposed project would not create objectionable
odors, as most work activity would now be within an enclosed building.
The proposed development would result in negligible short-term emissions because a minimal
amount of grading is required. Fugitive dust would also be created due to clearing, earth movement,
and travel on unpaved surfaces. Air quality impacts resulting from construction related emissions
are considered short-term in duration since construction is a relatively short-term, one-time activity.
Dust control during grading operations would be related in accordance with the rules and regu1ations
of the City of Chula Vista and San Diego Air Pollution Control District (APCD). The construction
and grading activities of the proposed development would be subject to mitigation measures noted in
Section XIX.
Mitigation Measures: Mitigation measures listed in Section XIX would reduce impacts to a level :
I
of less than significant.
Po......,
VI. TRANSPORTATION/CmCULATION. Would ..........., s........., Less....
_.. U.- S........., N.
the proposal result in: "'-' MItIp"" - "'-'
a) Increased vehicle trips or traffic congestion? 0 0 0 181
b) Hazards to safety from design features (e.g., 0 0 0 181
sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
c) Inadequate emergency access or access to 0 0 0 181
nearby uses?
d) Insufficient parking capacity on-site or off-site? 0 0 0 181
Page - 5 _~-(7 !
I
I
-- ~ -~-~~ -- ~--- m__~_.
e) Hazards or barriers for pedestrians or bicyclists? 0 0 0 I!i
f) Conflicts with adopted policies supportiog 0 0 0 I!i
alternative transportation (e.g. bus turnouts,
bicycle racks)?
g) Rail, waterborne or air traffic impacts? 0 0 0 IBI
h) A "large project" under the Congestion 0 0 0 I!i
Management Program? (An equivalent of 2400
or more average daily vehicle trips or 200 or
more peak-hour vehicle trips.)
Comments:
According to the Engineeriog Department, the trip generation for the project would be 94 average
daily trips (ADTs). Main Street serves as the primary access to the auto wrecking and salvage yard.
Faivre Street, a cul-de-sac to the south, provides a secondary access. The proposed project would
have a minimal effect on traffic patterns and volumes on the adjacent streets. The primary access
roads are adequate to serve the proposed project according to the Engineeriog Department.
Main Street is a four-lane major street aDd has a 30,000-trip capacity (with Level-of-Service C). The
existing ADTs on Main Street is 22,230 aDd with the proposed project will iocrease the vehicle trips
to 22,324. According to the Engineeriog Department, Main Street currently operates at a Level-of-
Service A aDd will continue to operate at a Level-of-Service A with the proposed project. The
Engioeering Department has determined that the additional ADT volumes generated from the project
would not exceed the City's Level of Service (LOS) thresholds on surrounding streets.
Short-term traffic effects would consist of coostruction trucks required for grading the project site
aDd related construction activities. No hazards or barriers for pedestrians or bicyclists would be
created by the project proposal. The proposed project iocludes 18 parking spaces as required by City
regulations. No additional roadway facilities are required to serve the site. No significaot traffic
related impacts would be created as a result of the proposed project.
Mitigation Measures:
No mitigation measures will be required.
--
VII. BIOLOGICAL RESOURCES. Would the -- s- .........
s- u..... s- No
proposal result in impacts to: - ......... '-'" '-'"
a) Endangered, sensitive species, species of 0 0 0 I!i
concern or species that are caodidates for
listiog?
b) Locally designated species (e.g., heritage trees)? 0 0 0 I!i
c) Locally designated natural communities (e.g., 0 0 0 IBI
oak forest, coastal habitat, etc.)?
d) Wetlaod habitat (e.g., marsh, riparian and vernal 0 0 0 I!i
Page - 6 -3 - If
- -"----- - - ---------"-- "-
-"U_-- -----" " ------"" -
pool)?
e) Wildlife dispersal or migration corridors? 0 0 0 I!II
f) Affect regional habitat preservation planning 0 0 0 iii
efforts?
Comments: The project site is not located in a biologically sensitive area as identified in the City's
General Plan. The project proposal is within a fully urbanized area. The project site is developed with
an auto wrecking and salvage yard. There are no known sensitive plants or animal species on-site.
The Multiple Species Conservation Program (MSCP) designates the parcel for development. No
known biological impacts would result from the proposed auto parts storage facility on the site.
Mitigation Measures:
No mitigation measures will be required.
-
-- -- Loss....
vm. ENERGY AND MINERAL RESOURCES, -.. u..... s_, No
-, ......... -, ~
Would the proposal:
a) Conflict with adopted energy conservation 0 0 0 iii
plans?
b) Use non-renewable resources in a wasteful and 0 0 0 I!II
inefficient manner?
c) If the site is designated for mineral resource 0 0 0 iii
protection, will this project impact this
protection?
Comments: The project proposal does not conflict with the recently adopted co, Reduction Plan.
The CO2 Reduction Plan encourages infill housing and increased housing density near mass transit.
The project proponent will maintain existing curb, gutter, and sidewalk along the Main Street
frontage that will provide for' pedestrian circulation in the project area. According. to the
Engineering Department, the applicant is required to install full street improvements along Faivre
Street, a cul-de-sac.
The proposed project is subject to compliance with Energy Requirements of the Uniform Building
Code and therefore, should not result in the use of non-renewable resources in a wasteful and
inefficient manner. The project is not located in an area desiguated for mineral resource protection
as defined in the City's General Plan. No significant energy and mineral resource impacts would be
created as a result of the proposed project.
Mitigation Measures:
No mitigation measures are required.
-
IX. HAZARDS. Would the proposal involve: -- - Loss".
- """" -- No
~ ......... ~ ~
a) A risk of accidental explosion or release of 0 0 0 iii
hazardous substances (including, but not limited
to: petroleum products, pesticides, chemicals or
radiation)?
Page. 7 ,,3-/9
-~----- - ----____n__-_--n__- ------ -- -
--_u --------------____n__-
b) Possible interference with an emergency 0 0 0 ¡¡
response plan or emergency evacuation plan?
c) The creation of any health hazard or potential 0 0 ¡¡ 0
health hazard?
d) Exposure of people to existing sources of 0 0 181 0
potential health hazards?
e) Increased fire hazard in areas with flammable 0 0 0 ¡¡
brush, grass, or trees?
Comments: The project site contains an existing auto wrecking and salvage yard. The current use
includes the removal of fluids from automobiles prior to disassembly or storage.
The storage of limited hazardous materials such as, chemicals, oils, solvents, fluids etc. does
occur on site. The business documents indicate that the fluids are stored in 55-gallon drums,
within an enclosed area on a concrete slab and hauled off by a licensed hauler. The storage
of hazardous materials is regulated by the County of San Diego Department of Environmental
Health. The applicant is required to notify the County of San Diego regarding storage of
hazardous materials and any changes to land use.
Based upon previous Phase I Environmental Site Assessments (ESA) conducted by Geo Soils Inc.,
in 1992 and 1993, some visible soil staining was noted but limited to specific areas and not
concentrated over the entire site.
A Phase IT, Environmental Site Assessment, dated December 28, 2000 was prepared for the project
which included three soil borings within the location of the future building. Two were analyzed
for volatiles and one was analyzed for metals. The Phase IT identified hydrocarbon soil
discolorations. The recommendation by the consultant was to cover all areas potentially
contaminated with hydrocarbon discolored soils with concrete (foundation of proposed building) or
remove the soil.
According to the October 25, 2001, closure letter from the County of San Diego Department of
Environmeotal Health the site remediation plan submitted by the applicant, (phase IT Assessment)
has been reviewed by their department following guidance from the Regional Water Quality Control
Board. . All of the contamination levels were determined to be appropriate for site closure and
future development. Based upon the environmental documents submitted it was the County's
position that no further action or remediation is required.
. Mitigation Measures:
No mitigation measures are required.
-....,.
X. NOISE. Would the proposal result in: -....,. -- .....-
-.. u""" s- No
-, _led '-' '-'
a) Increases in existing noise levels? 0 0 0 ¡¡
b) Exposure of people to severe noise levels? 0 0 0 ¡¡
Comments:
The present onsite use is an auto wrecking and salvage yard. A portion of the use is currently
Page - 8 -...3-.:20
-----~-----~--~--------- ------~---- ... ----~_._. ~-~.~_._-------~---_.
- ~----------_._--------_. ---- ~ - -~--~- ~~ ~ ~- ----~~-~--~~..-
enclosed, with the remainder being conducted outside. Surrounding land uses are primarily
industrial, consisting of mini-storage and warehouse facilities. The proposed metal building
structores are intended to be functional enclosures for the dismantled vehicles that are currently
being stored outside on-site.
There would be no significant short-term noise impacts related to construction activities due to the
noise levels already existing on the site related to the current auto dismantling use. Nevertheless,
compliance with the City's Municipal Code (Section Chapter 17.24.050 (J), which restricts
construction to the hours of 10:00 p.rn. and 7:00 a.rn. Monday through Friday, and between the
hours of 10:00 p.rn. and 8:00 a.m. Saturday and Sunday will still be required.
The project would not result in a significant increase of existing noise levels or exposure of people to
severe noise levels, as the storage building will buffer business activity noise. No significant noise
impacts are expected to result from the proposed project.
Mitigation Measures:
No mitigation measures will be required.
-
XI. PUBLIC SERVICES. Would the proposal have an - - ........
s- u..... -- N.
effect upon, or result in a Medfor new or altered '-« .......... '-« '-«
government services in any of the following areas:
a) Fire protection? 0 0 0 iii
b) Police protection? 0 0 0 iii
c) Schools? 0 0 0 iii
d) Maintenance of public facilities, including 0 0 0 iii
roads?
e) Other governmental services? 0 0 0 iii
Comments:
The project site is located in western Chula Vista, a fully developed area. A portion of the land use
is enclosed and the rest is conducted outside. The Police and Fire Departments have reported that the
proposed project would not result in a significant impact to the existing public services. According
to the Chula Vista Elementary School District and Sweetwater School District fees are required.
State law currently requires a developer fee of $0.33 for non-residential areas to be charged. No
new or altered public facilities would be required to serve the proposed storage building. No
significant impacts to public services would be created as a result of the proposed project.
Mitigation Measures:
No mitigation measures will be required.
-.....
- ........... ........
-- u..... - No
'-« .......... '-« '-«
XII. Thresholds. Will the proposal adversely impact the 0 0 0 iii
City's Threshold Standards?
Page - 9 ...3 -- .:¿ I
~--~- ~ ---~----~------ -
~ ~---------~-- ~~ ---
As described below, the proposed project does not adversely impact any of the seen
Threshold Standards.
--
-- -.. ""'...
s- u- - N.
-" .......... -, _t
a) FirelEMS 0 0 0 iii
The Threshold Standards requires that fire and medical units must be able to respond to
calls within 7 mioutes or less in 85% of the cases and within 5 mioutes or less in 75% of
the cases. It is anticipated that the minor future development on this parcel map will
meet the threshold standards as this project is in a fully urbanized area. The proposed
project would comply with this Threshold Standard.
Comments: According to the Fire Department, the current level of service can continue to be
provided to the project area. The nearest fire station is located 3-5 miles away. As such, the
proposed project is not anticipated to significantly impact the FirelEMS Threshold Standard.
Mitigation Measures:
No mitigation measures will be required.
--
-- - ""'...
s- u..... s- N.
.......' .......... '-" -
b) Police 0 0 0 iii
The Threshold Standards require that police units must respond to 84% of Priority I
calls within 7 mioutes or less and maintain an average response time to all Priority I
calls of 4.5 mioutes or less. Police units must respond to 62.10% of Priority 2 calls
within 7mioutes or less and maintain an average response time to all Priority 2 calls of 7
minutes or less.
Comments: The Police Department indicates that the current level of police services can
continue to be provided to the project area. Tbe Police Department reports that the proposed
project is not anticipated to result in a significant impact to the Police Threshold Standard.
Mitigation Measures:
No mitigation measures will be required.
--
..........,. -.. ""'...
S_t u- - N.
'-" -'" -. '-"
c) Traffic 0 0 0 iii
1. City-wide: Maintain LOS "C" or better as measured by observed average travel
speed on all signalized arterial segments except that during peak hours a LOS "D"
can occur for no more thao any two hours of the day.
2. West of 1-805: Those signalized intersections which do not meet the standard above
may continue to operate at their current 1991 LOS, but shall not worseo.
Page - 10 J - ;; d..,
--- - -~-~----~~ ------~--------- ---- ------.--- . -- - - ----
._-_u_--. ----~-~..~-------_. ------- ---------.._----.. --.~-
Comments: According to the Engineering Department, the proposed project will not generate a
significant increase in traffic. There will be an estimated total of 94 average daily trips
(ADT) generated by the project per day. The additional trips will not result in significant impacts to
the City's traffic thresholds. The proposed project complies with the City's Traffic Threshold
Standard.
Mitigation Measures:
No DÚtigation measures will be required.
""""'"'"
-- -.. LeIs...
s- u- s- No
~t -"" ........ ........
d) ParksIRecreation 0 0 0 181
The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and
community parkland with appropriate facilities per 1,000 residents east of Interstate 805
(I-805).
Comments: The proposed project is located west of 1-805, therefore, the Parks and Recreation
Threshold does not apply. No park pad obligations will be required per City Ordinance.
Mitigation Measures:
No DÚtigation measures are required.
--
........., s- LeIs'"
s- u- - No
........ -"" ........ ........
e) Drainage 0 0 0 181
The Threshold Standards require that storm water flows and volurnesnot exceed
City Engineering Standards. Individual projects will provide necessary
improvements consistent with the Drainage Master Planes) and City Engineering
Standards. The proposed project will comply with this Threshold Standard.
Comments: The proposed project, storage warehouse, will not exceed City Engineering standards
for storm water flows and volumes. According to the Engineering Department, there are no
existing on-site drainage facilities. However, as a standard condition by the Engineering
Department proper drainage facilities shall be incorporated into the project design upon first
subDÚttaI of grading and improvement plans. No significant drainage or storm water impacts
would be created as a result of the proposed project.
Mitigation Measures:
No mitigation measures are required.
-,
Page-II ...3 - c:¿ 3
----- ------------- ---~-------- ~---
---- - ~ ---m_- -~ ~ ~ - ~ ~ -
""- s;pI&aøt Less than
s;pI&aøt u..... S.....,..,. No
'-" ......... -, '-"
t) Sewer 0 0 0 181
The Threshold Standards require that sewage flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with Sewer Master Plan(s) and City Engineering Standards. The
proposed project will comply with this Threshold Standard.
Comments: The City Engineering Department has detennined that an existiog 15" sewer
main on the north side of the property along Main Street and an 18" sewer main on the south side of
the property along Faivre Avenue would be adequate to serve the proposed project. No significant
sewer impacts would be created as a result of the proposed project.
Mitigation Measures:
No mitigation measures are required.
--
-- S.....,..,. Less than
s- U"""' -- No
-, _led -, '-"
g) Water 0 0 0 IiII
The Threshold Standards require that adequate storage, treatment, and transmission
facilities are constructed concurrently with planned growth and that water quality
standards are not jeopardized during growth and construction. The proposed project will
comply with this Threshold Standard.
Applicants may also be required to participate io whatever water conservation or fee off-
set program the City of Chula Vista has io effect at the time of building permit issuance.
Comments: Accordiog to the Sweetwater Authority there is a 12-ioch water main located on the
north side of Main Street. Their records iodicated one water service to this property. The existiog
water facility is adequate to serve the proposed project. According to the Chula Vista Fire
Department fIre service is available to serve the proposed project. No significant water impacts
will be created as a result of the proposed project.
Mitigation Measures:
No mitigation measures are required.
-
XIII. UTILmES AND SERVICE SYSTEMS. Would -- -- Less than
.......... U*" SJpIIIcut No
the proposal result in a need for new systems, or '-" _led -. "'-'
substantial alterations to the following utUities..
Page - 12 ..3-2V
----- -----~---_._-_._------ - ---------- --..--- .---------
--- u -- --- - ---- -- un__u --.--- - ..--- -u. - -- -- - -------
a) Power or natural gas? 0 0 0 I!!I
b) Communications systems? 0 0 0 I!!I
c) Local or regional water treatment or distribution 0 0 0 I!!I
facilities?
d) Sewer or septic tanks? 0 0 0 Ia
e) Storm water drainage? 0 0 0 I!!I
f) Solid waste disposal? 0 0 0 Ia
Comments: The proposed project is located in a fully developed area with existing utility and
service facilities. The proposed project is not anticipated to result in the significant need for new
systems or alterations to existing facility utilities. The existing 15" and 18" sewer mains that run
westerly on Main Street aDd Faivre Street are adequate to serve the proposed development. No
significant impacts to utilities and service systems will be created as a result of the proposed project.
Mitigation Measures:
No mitigation measures are required.
........."
........." s- LoG"'.
-.. U..... - N.
XIV. AESTHETICS. Would the proposal: - -- - -
a) Obstruct any scenic vista or view open to the 0 0 0 Ia
public or will the proposal result in the creation
of an aesthetically offensive site open to public
view?
b) Cause the destruction or modification of a 0 0 0 Ia
scenic route?
c) Have a demonstrable negative aesthetic effect? 0 0 0 I!!I
d) Create added light or glare sources that could 0 0 0 I!!I
increase the level of sky glow in an area or
cause this project to fail to comply with Section
19.66.100 of the Chula Vista Municipal Code,
Title 19?
e) Produce an additional amount of spill light? 0 0 0 Ia
Comments: This is a continuation of an existing industrial land use. that will result in enclosing the
use that is currently outside. The project site is within. a fully urbanized area in the western portion
of Chula Vista. The proposed project is not located along any scenic vista or view and will not ¡
modify a scenic route. No significant impacts to the aesthetic effect of the surrounding area will be I
created as a result of the proposed project because it will improve the aesthetics by moving a portion i
of the use inside a building.
Page-13 -3-.2..S-
---- -~---~ ------~~--~~ ~ ~-~----._.
--- ~ - --~-~-_. ~ ~- -- -~-
Mitigation Measures:
No mitigation measures are required.
--
XV. CULTURAL RESOURCES. Would the proposal: P-.uy ~ Leos ...
SipUIcaut UDioss SIpUIcut No
'-'" ......... '-'" '-',
a) Will the proposal result io the alteration of or 0 0 0 III
the destruction or a prehistoric or historic
archaeological site?
b) Will the proposal result io adverse physical or 0 0 0 III
aesthetic effects to a prehistoric or historic
buildiog. structure or object?
c) Does the proposal have the potential to cause a 0 0 0 III
physical change which would affect unique
ethnic cultural values?
d) Will the proposal restrict existing religious or 0 0 0 III
sacred uses withio the potential impact area?
e) Is the area identified on the City's General Plan 0 0 0 III
EIR as an area of high potential for
archeological resources?
Comments: The Conservation and Open Space Element of the General Plan does not identify
the subject site or surrounding vicinity as an area of potential cultural resources. The project
does ioclude minimal grading at time of development. No significant cultural impacts will be
created as a result of the proposed project.
Mitigation Measures:
No mitigation measures are required.
-
-- - Leos""
- U"'" - No
-, _led '-'" '-'"
XVI. PALEONTOLOGICAL RESOURCES. Will the 0 0 0 III
proposal result in the alteration of or the
destruction of paleontological resources?
Comments: The Conservation and Open Space Element of the General Plan does not identify
the subject site or surrounding vicinity as an area of potential paleontological resources. The
project site is relatively flat with minimal grading required for the proposed development. There
would be no significant impacts because there are no koown paleontological resources on the
project site.
Mitigation Measures:
No mitigation measures are required.
Page-14 -..3 - ..2. Go
---------------- ----- ------~~----- ------ -----
- ------ -------- -- - ---------------------- - - -- - ---
--
XVII. RECREATION. Would the proposal: !'oIe- SIpUIcaut Loa'"
-- U..... -- No
'-'" ......... -, '-
a) Increase the demand for neighborhood or 0 0 0 181
regional parks or other recreational facilities?
b) Affect existing recreational opportunities? 0 0 0 181
c) Interfere with recreation parks & recreation 0 0 0 181
plans or programs?
Comments: The proposed project is an industrial use and will not increase the need for parks
or recreational facilities. Therefore. no recreational significant impacts will be created as a result
of the proposed project.
Mitigation Measures:
No mitigation measures are required.
--
xvIll. MANDATORY FINDINGS OF -... s- Loa...
-.. U..... - No
SIGNIFICANCE: See Negative Declarationfor '- -- '-'" '-
mandatory findings of significance. If an EIR is
needed, this section should be completed.
a) Does the project have the potential to degrade 0 0 0 181
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number
or restrict the range of a rare or endangered
plant or animal or eliminate important examples
of the major periods or California history or
prehistory?
Comments: The project proposal is io a fully urbanized area of western Chula Vista. The
adjacent surrounding area is developed with iodustrial uses. Neither sensitive plant nor animal
resources, nor historical or archaelogical resources are present on the site. The proposed project will
have no significant impact to the quality of the environment, reduction of habitat of wildlife species
or threaten the historical preservation of the area.
Mitigation Measures:
No mitigation measures are required.
--
-... s- Loa-
-- U..... - No
- -- - '-
Page - 15 --3 - .;) 7
-----~~---~._~._----- ~_.~ ---- . -------------- ---~-~---~ ~
___no-on. ~----- ~~ - - ~ _m --- -- ~~--- -----~ -- ~---- ---
b) Does the project have the potential to achieve 0 0 0 IIiI
short-term, to the disadvantage oflong-term,
environmental goals?
Comments: The proposed project is consistent with the City's General Plan
and the City Council approved Draft Multiple Species Conservation Plan October 9, 2000,
(MSCP). The site is slated for development.
Mitigation Measures:
No mitigation measures are required.
--
-- -- Loo-
s- U""" - N.
-.. .......... _t -
c) Does the project have impacts that are 0 0 0 IiII
individually limited, bnt cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
Comments: There are no other current or foreseeable projects in the surrounding area that
would contribute to cumulatively significant considerable impacts. This is a modification of an
existing industrial use within a fully urbanized area of western Chula Vista and consistent with the
goals aDd vision of the General Plan.
Mitigation Measures:
No mitigation measures are required.
--
-- -- Loo 1MB
s- U""" - No
- _led - -
d) Does the project have environmental effects, 0 0 0 IiII
which will cause substaotial adverse effects on
human beings, either directly or inilirectly?
Comments: This is the review of a second phase of development to ao existing auto wreckers
aDd salvage yard. The use has been in operation for a substaotial period of time aDd the
project is separated from residential uses by other industrial businesses. The enclosure of outside
storage of auto parts within ao enclosed building will improve the surrounding area, therefore, it is
aoticipated that the proposed project will not cause substaotial adverse effects upon human beings.
XIX, PROJECT REVISIONS OR MITIGATION MEASURES:
Page - 16 J-~g
i
~-------- -~---- - ----------- - - -----------
-~----- -- ------ --____m- - -- --- -...---
The following project revisions or mitigation measures have been incorporated into the project and will
be implemented during the design, construction or operation of the project:
Air Oua1itv
Construction-Related Imoacts
1. All unpaved construction areas sha1l be sprinkled with water or other acceptable dust control
agents during dust-generating activities to reduce dust emissions. AdditiooaI watering or dust
control agents during dust generating activities to reduce dust emissions. Additional watering
or dust control agents shall be applied during dry weather or windy days until dust emissions
are not visible.
2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills.
3. A 20-mile-per-hour speed limit on unpaved surfaces in connection with the project shall be
enforced.
4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to
reduce re-suspension or particulate matter caused by vehicle movement. Approach routes to
construction sites shall be cleaned daily of construction-related dirt in dry weather.
5. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible and as
directed by the City to reduce dust generation.
Water
Construction Related Imoacts
1. The applicant shall comply with the National Pollution Discharge Elimination Systems
(NPDES) Municipal Permit Order No. 2001-01 and Better Management Practices
(BMPs) during and after development to prevent erosion and sedimentation in the
downstream storm drain system.
Drainae:eISoilslHazards
Construction Related Imoacts
1. Prior to the issuance of a grading permit for the proposed project, the applicant
must provide the engineering department certification by a registered engineer
that the proposed finished floor elevation is at least one foot above the identified
floodplain in accordance with City of Chula Vista and FEMA requirements.
2. Grading plans shall inicorporate all recommendations of the Preliminary
Geotechnical Evaluation prepared by GeoSoils, Inc., dated December 29,2000.
3. Grading plans shall incorporate drainage facility improvements within the
grading and itnprovement plans to the satisfaction of the City Engineer.
4. Temporary desilting and erosion control devices shall be installed. Tbese devices
including desilting basins, berms, hay bales, silt fences, dikes and shoring.
Protective devices will be provided at every storm drain inlet to prevent sediment
Page-- 17 -..3-02(1
-~--- --' ----~_u_-~~--u~-~,_u~- -'~~~~~~~""~~~~O, - --~~~-
~ u- ------~ ~ -------------------
from entering the storm drain system.
5. Catch basin filters shall be installed to prevent trash and silt from entering the
storm drain system.
6. Catch basin filters shall be maintained and inspected in accordance with
scheduling prepared by the City of Chula Vista Engineering Division.
XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each
read, uoderstood and have their respective company's authority to and do agree to the mitigation measures
contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator.
Failure to sign the line(s) provided below prior to adoption of the Addendum shall indicate the
Applicants' and/or Operator's desire that the Project be held in abeyance without approval.
/! /-u If) I
Signature of Auth. Representative of Date '
[Property Owner's Name]
W-"\ .4v+c WP!~.~.~~
Printed Name and Title of
[Operator if different from Property Owner]
N/A
Signature of Authorized Representative of Date
[Operator if different from Property Owner]
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as
indicated by the checklist on the following pages-
0 Land Use and Planning 0 Transportation/Circulation 0 Public Services
Page - 18 3-30
-- ---~----- -- ~__n______-- m______----- _n -.--
n - ..m__. - -- ---- -------'..
0 Population and Housing D Biological Resources 0 Utilities and Service
Systems
. Geophysical 0 Energy and Mineral Resources 0 Aesthetics
. Water . Hazards 0 Cultura1 Resources
. Air Quality 0 Noise 0 Recreation
0 Paleontological 0 Mandatory Findings of Significance
Resources
XXII. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, 0
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the 181
environment. there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A MITIGATED
NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an 0
ENVIRONMENTAL IMP ACf REPORT is required.
I fmd that the proposed project MAY have a significant effect(s) on the environment, but 0
at least one effect: I) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) bas been addressed by mitigation measures based on the
earlier analysis as described on attached sheets, if the effect is a "potentially significant
impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACf
REPORT is required. but it must analyze ouly the effects that remain to be addressed.
I fmd that although the proposed project could have a significant effect on the
environment, there WilL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been ayoided or mitigated pursuant to that earlier EIR,
including revisions or mitigation measures that are imposed upon the proposed project. An
addendum has been prepared to provide a record of this detennination.
~~¿?~r; /th~/6)J
SI t Dlte I .
Marilvn RF. Ponsel!l!:Ï
Environmental Review Coordinator
City ofChula Vista
H, \IIOME\PLANNING\MAR1A IMISCIIS<J 1-<I5O.obkIa2.dœ
Page - 19 .3 --- 3 (
~ ,---- -_n,___- ---- - - _.._--~ --~ ~
-- ---- _n ~- ATTACHMENT "A"
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
West Auto Wreckers /8-01-050
MMRP REQUIREMENTS
The Mitigation Monitoring Program is prepared for the City of Chula Vista in conjunction with the
proposed West Auto Wreckers (IS-OI-050) project. The proposed project has been evaluated in an
Initial Study/Mitigated Negative Declaration (ISIMND) prepared in accordance with the California
Environmental Quality Act (CEQA) and City/State CEQA guidelines. The legislation requires public
agencies to ensure that adequate mitigation measures are implemented and monitored on Mitigated
Negative Declarations, such as IS-OI-050.
AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The
Mitigated Monitoring Program for this project ensures adequate implementation of mitigation for the
following potential impacts:
I. Air Quality
2. Water
3. Drainage/Soils/Hazards
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator shall be
the Environmental Review Coordinator for the City of Chula Vista. It shall be the responsibility of the
applicant to ensure that the conditions of the Mitigation Monitoring Reporting Program are met to the
satisfaction of the Environmental Review Coordinator. The applicant shall provide evidence in written
form confirming compliance with the mitigation measures specified in MND/IS-OI-034 to the
Environmental Review Coordinator. The Environmental Review Coordinator will thus provide the
ultimate verification that the mitigation measures have been accomplished.
Table I, Mitigation Monitoring and Reporting Program, lists the mitigation measures listed in Section E,
Mitigation Necessary to Avoid Significant Effects, of the Mitigated Negative Declaration which will be
implemented as part of the project. In order to determine if the applicant has implemented the measure,
the method and timing of verification are identified, along With the City department or agency
responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space
for the signature of the verifying person and the date of inspection is provided in the last column.
1 3-32
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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: Judi Bell
(Space Above This Line For Recorder)
APN: 622-190-26
OWNER PARTICIPATION AGREEMENT
DANIEL L. AND RUTH STREET, JOINT TENANTS
2365 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 DANIEL L. AND RUTH STREET, JOINT
TENANTS, subject Property Owners (hereinafter referred to as "DEVELOPER"), effectiye as of February 19, 2002.
WHEREAS, the DEVELOPER desires to construct a 9,OOO-square foot pre-fabricated industrial building and
associated lot improyements ("Project") to enclose the automobile dismantling activities and auto parts on the
property located at 2365 Main Street, 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 the construction of the Project to the City's Design
Review Committee; and,
WHEREAS, said plans for construction have been recommended for approval by the Design Review Committee;
and,
WHEREAS, the AGENCY has considered the Design Review Committee's recommendation and has approyed
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 Number 622-190-26 located at
2365 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 shali 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
,3- 3:)
that this Agreement is contingent upon DEVELOPER securing said permits and approvals.
DEVELOPER shaH pay aH appiicable development impact and processing fees.
C. DEVELOPER shaH obtain building permits within one year from the date of this Agreement
and to actuaHy develop the Property with the Project within one year from the date of
issuance of the building penn its. in the event DEVELOPER fails to meet these deadlines,
the Agency's approval of DEVELOPER's development proposals shaH be void and this
Agreement shali haye no further force or effect.
D. In aH deeds granting or conyeying an interest in the Property, the foHowing ianguage shaH
appea~
'The grantee herein covenants by and for himse/~ his heirs, executors,
administrators and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation o~ any
person or group of persons on account of race, colo~ 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 pewit
any such practice of discrimination or segregation with reference to the
selection, location, numbe~ 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 aH leases demising an interest in aH or any part of the Property, the foHowing language
shaH appear:
'The lessee herein covenants by and for himse/~ 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 o~ any person
or group of persons, on account of race, colo~ 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 pewit 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 shaH be deyeloped subject to the conditions imposed by the Design Reyiew Committee
and the AGENCY as described in Exhibit "6" attached hereto and incorporated herein by this
reference. DEVELOPER acknowledges the validity of and agrees to accept such conditions.
4. DEVELOPER shaH maintain the premises in FIRST CLASS CONDiTION.
A. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughout the term of this Agreement,
DEVELOPER shaH, at DEVELOPER's sole cost and expense, maintain the Property which
inciudes aH improvements thereon in first class condition and repair, and in accordance with
aH 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 governmental agencies, bodies and courts
haYing or ciaiming jurisdiction and aH their respective departments, bureaus, and officiais.
3-3~
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
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, orto remedy
all damage to or destruction of all or any part of the improvements. Any repair, restoration,
aiteration, 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
Deyelopment Director is empowered to make reasonable determinations as to whether the
Property is in a first class condition. If he determines 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 haye the right, without prior approval of AGENCY, to assign its
rights and delegate its duties under this Agreement.
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, California.
8. 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, from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and reasonable attorneys' fees (collectiyely, "liabilities") incurred by the AGENCY
arising, directly or indirectly, from (a) AGENCY's approval ofthis 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.
9. In the event of any dispute between the parties with respect to the obligations under this AGREEMENT
that results in litigation, the preyailing party shall be entitled to recover its reasonable attorney's fees
and court costs from the non-prevailing party. 3-37
10. Time is of the essence for each and eyery obligation hereunder.
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.
Signature Page Follows
...3- 31
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:
Shirley Horton, Chairman
"DEVELOPER"
DATED: ¥~z...... By: ~ ;I ;f?Jþ¡r-
Daniel L. ~treet, Joint Tenant
DATED: ~/ J..j / tJ:J- By: f~l) ~
/ /
Ruth Street, Joint Tenant
NOTARY: Please attach acknowledgment card.
~ cctb'-cW
APPROVED AS TO FORM BY:
John M. Kaheny, Agency Attorney
J,\COMMOEV\TAPlA\OPAS\WEST AUTO WRECKERS - 2365 MAIN STREET OPA.doo [01/28/2002 2,53 PM]
....3 - -3 c¡
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of california, }
"~ ss.
County of d. o....v-.. . ~
Ond-,,-~ 'f 1--0<>'2- ,beforeme, ~ ~,~ ~,
0", "o'TiIi00IO"I"'lo9,",.",000,No"""P ,,")
personally appeared ~ ~+ - R ~ ~
N,m'f') 01 S'9CO'f')
0 personally known to me
C}<t>roved to me on the basis of satisfactory
evidence
- - - - - - - - - - - - to be th~on@ WhOS~ ~
,~ J KAY A. GARCIA I subscribed to the within ~r:;,~t and
~' -~ Commloslont 1321518 acknoWle,dged to me that h~ executed
~, NotaryPublic-Caliromla ~ the same in -~ authorized
) San Diego cou~ 2OO5f ~'and that by ~
- - - -My.:":"~res..:~ ~ - ~n the Instrument th~~;~
the entity upon behalf of which the erson
acted, executed the instrument.
WITNESS my hand and official seal.
~1' n <~~(f~J,Jk.
PI", Nolo", S"I Abo" 6 S'9CO'O" of Nolo", P bli, a
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reaffaohment of this form to another document.
Description of Attached Document ~ A 'frJ (,2-/./ Ie¡ 0 .- 2.(,
Title or Type of Document: ~ . - t:"",~ ~
Document Date: ).. - ~ -0<-- Number of Pages: i>--
Signer(s) Other Than Named Above: ----.
Capacity(ies) Claimed by Signer ~
Signer's Name:
D Individual Top ~lth"mb he,e
D Corporate Officer - Title(s):
D Partner-D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing: ~
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EXHIBIT B
Conditions of Approval
Owner Participation Agreement
Daniel L. and Ruth Street, Joint Tenants
2365 Main Street
Chula Vista, CA
CONDITIONS OF APPROVAL
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:
Planning and Building Department Conditions:
A. Submit a landscape and irrigation plan for the review and approval of the City Landscape Planner.
B. Comply with all requirements of the Building Division including the following:
1. Submit architectural plans that are stamped and signed by a licensed architect. Plans shall include a
site plan and building elevations that are consistent with this DRC approval.
2. Structural plans and calculations must be stamped and signed by a California Registered
CiYiliStructural Engineer.
3. Project shall comply with 1997 UBC and 1996 NEC.
4. Project shall comply with 1998 handicapped accessibility requirements.
5. Plans shall indicate type of occupancy.
6. Soils report shall be provided.
7. Provide further electrical calculations that justify an additional 70-amp panel.
8. Foundation will require special inspection.
9. Underground wire required to be rated for wet location. Indicate type of conduit.
C. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for
any building and wall plans and shall be reviewed and approved by the Director of Planning & Building
prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055
and 9.20.035 of the CVMC regarding graffiti control.
Engineering Department Conditions
D. The following fees shall be paid based upon the final building plans submitted:
1) Sewer connection/capacity fees.
2) Traffic signal fees.
3) Park Acquisition and Development (PAD) fees/Development impact fees.
E. Prior to any construction within the pubic right-of-way, the applicant shall obtain a construction permit.
The following public improvements shall be constructed:
1) Possible street widening (please provide enhanced site pian to show existing street improvements
and right-of-way widths along both frontages (Main Street and Faivre Street).
2) Construct curb, gutter, and sidewalk along Faiyre Street.
3) The lowest floor elevation shall be at least one foot above the base flood elevation.
4) The County of San Diego shall be notified of storage of hazardous materials.
5) The NPDES Municipal Permit Order No. 2001-01 requires filtration of runoff prior to infiltration into
the ground (Section F.1.b.(2)(i), page 20 of 52).
6) A review of the drainage system will be required prior to paving of the area.
....3 - c¡ (p
EXHIBIT B
Conditions of Approval
Owner Participation Agreement
Daniell. and Ruth Street, Joint Tenants
2365 Main Street
Chula Vista, CA
7) According to the NPDES Municipal Permit, the proposed project Is considered a significant
redevelopment, and will be subject to the SUSMP and numeric sizing criteria after February 21,
2002.
8) Water quality impacts shall be addressed.
9) Due to the proximity of the development to the Otay Valley River, applicant may need to implement
permanent BMPs as part of the development.
10) Notify the State Water Resources Control Board of the proposed facility changes.
11) Implement best management practices to preyent pollution of storm drainage system during and
after construction.
F. If the total on-site excavation exceeds the requirements prescribed by the City of Chula Vista Grading
Ordinance number 1797 Section 15.04.150, a grading permit will be required.
Fire Department Conditions:
G. The following shall apply:
1) Prior to the issuance of building permits, provide a current water flow letter regarding proposed
construction. Fire sprinkler coyerage may be required. Water flow will be based upon Califomia
Fire Code '98 Appendix IlI-AA. After additional construction features are provided, water authority
will perform water flow test.
2) If storage is at or aboye 12-feet-high, a high piled storage permit may be required.
H. The applicant shall pay all required school fees.
2. Prior to use or occupancy of the property In reliance on this approval, the following requirements shall be
met
A. All landscaping and hardscape improvements shall be installed in accordance with the approved
landscape plan and the comments of the City Landscape Planner
B. The project shall conform to all components of the mitigation monitoring and reporting program as
specified in Mitigated Negative Deciaration IS-01-050 attached hereto as Attachment "B".
C. Prior to final inspection of warehouse building, applicant shall return to the ORC with proposed
architectural improvements for the existing office building.
D. When the applicant returns to the Design Reyiew Committee with enhancements to the existing office
building, he shall also submit a new design for the fence along Faivre Street.
E. Provide a 150-watt streetlight along Faivre Street frontage.
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D' \.A
INDUSTRIAL INDUSTRIAL
BUILDING COMPLEX
GRYPHON
CABLE
BUSINESS
SUITES PROJECT
CITY OF CHUIA VISTA lOCATION
COUNTY OF SAN DIEGO 8""\
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SINGLE FAMILY
DWELLING 0
PUBLIC
~ ~ STORAGE
m INC
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I] b "~ CATELLUS
DEVELOPMENT
CHARLES AV CORPORATION
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.-.-' .-.-.-.-.
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ~~~~ DANNYLSTREET PROJECT DESCRIPTION:
C) DESIGN REVIEW
PROJECT 2365 MAIN STREET Request Proposal to construct a 9,OOOsq It pre-engineered
ADDRESS:
structural steel building. Phase 2 of project with usage for a
SCALE: I FILE NUMBER: warehouse to store clean, disassembled auto parts.
NORTH No Scale DRC-O1-43 Related Case: 15-01-050 ...3 - 4 ?
, .