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HomeMy WebLinkAboutRDA Packet 2002/03/19 ~{~ ~~ ~ ~=-=-~ TUESDAY, MARCH 19, 2002 6:00 P.M. (immediately following the City Council meeting) CllY OF CHUlA VISTA COUNCIL CHAMBERS PUBLIC SERVICES BUILDING JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, Padilla, Rindone, Salas; Chair/Mayor Horton CONSENT CALENDAR The staff recommendations regarding the following item(s) 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 - February 1 9, 2002 2. AGENCY RESOLUTION 1) APPROVING THE PALOMAR STREET ENTRYWAY BEAUTIFICATION CONCEPT PLAN AND APPROPRIATING $170,000 FROM MERGED PROJECT AREA TAX ALLOCATION BOND PROCEEDS FOR THE CONSTRUCTION OF THE BEAUTIFICATION ELEMENTS; AND 2) WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT WITH ESTRADA LAND PLANNING, INC. FOR PREPARATION OF THE CONSTRUCTION DOCUMENTS AND TO PERFORM CONSTRUCTION ADMINISTRATION SERVICES FOR IMPLEMENTATION OF THE PALOMAR STREET BEAUTIFICATION PROJECT-The Palomar Street segment between Frontage Road (Interstate 5) and Industrial Boulevard is one of three City entry corridors included in the Entryway Beautification Project intended to provide enticing entryways to the City's downtown and waterfront areas. Estrada Land Planning, Inc. (Estrada) is under contract with the City of Chula Vista to complete the entryway beautification concept plans for the Palomar Street segment, as well as "E" and "H" Streets between Interstate 5 and Broadway. Estrada has completed Phase 1 of the Palomar Street segment, which includes preparation of the concept plan for the architectural treatments of the proposed soundwalls, enhanced parkway and median hardscape, banners within the public right-of-way, and accommodations for future plant installation on the south side. The Palomar Street design was initiated to coincide with the planned widening of this roadway segment scheduled to be advertised for construction bids in June 2002, Approval of the proposed concept plan and appropriation of funds for implementation of the beautification elements, including the consultant agreement to prepare construction drawings and perform construction administration services, is required prior to commencing Phase 2 of the Project. [Community Development Director] 4/5ths VOTE REQUIRED 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. PUBLIC HEARING The following item(s) have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 3. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT ISUPS-01-051 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- Perla Barraza/Smart-Mex, Incorporated (" Applicant") is proposing to construct an automatic car wash and lube center at 1616 Third Avenue/304 Montgomery Street, within the boundaries of the Southwest Redevelopment Project Area. The project site is adjacent to a variety of commercial uses along Third Avenue, such as restaurants, automobile repair and paint shops, medical offices, storage facilities, and the historic Otay Baptist Church. The Applicant proposes to redevelop an underutilized parcel to a higher and better use, which will assist in the elimination of physical and economic blighting conditions, create jobs, and provide a necessary service for this area of the City. The proposed land use is consistent with the City's General Plan, Zoning Ordinance, and the Southwest Redevelopment Plan. [Community Development Director] STAFF RECOMMENDATION: Agency adopt the resolutions. 3. a. AGENCY RESOLUTION ADOPTING MITIGATED NEGATIVE DECLARATION IS-01-38 AND APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PERLA BARRAZA/SMART-MEX, INCORPORATED FOR THE DEVELOPMENT OF AN AUTOMATIC CAR WASH AND LUBE CENTER AT 1616 THIRD Redevelopment Agency, March 19, 2002 Page 2 AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA 3. b. AGENCY RESOLUTION GRANTING A SPECIAL USE PERMIT (SUPS-01-05) TO PERLA BARRAZA/SMART -MEX INCORPORATED FOR . THE DEVELOPMENT OF AN AUTOMATIC CAR WASH AND LUBE CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA 4. DIRECTOR'S REPORTlS) 5. CHAIR/MAYOR REPORT(S) 6. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to an adjourned meeting of the Redevelopment Agency on April 9, 2002, at 6:00 p.m., immediately following the City Council meeting in the City Council Chambers. CLOSED SESSION Unless Agency Counsel, the Executive Director, or the Redevelopment Agency/City Council states otherwise at this time, the Agency/Council will discuss and deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency/Council is advised should be discussed in closed session to best protect the interests of the City. The Agency/Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency/Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, announcements of actions taken in Closed Session shall be made by Noon on Wednesday following the meeting at the City Clerk's office in accordance with the Ralph Brown Act (Govt. Code ~ 54957.71 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) Qne 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 (TOO) at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, March 19, 2002 Page 3 MINUTES QF AN ADJOURNED REGULAR MEETING QF THE CITY CQUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY QF THE CITY QF CHULA VISTA March 19, 2002 6:00 p.m. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redeyelopment Agency of the City of Chula Vista were called to order at 7:55 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Ayenue, Chula Vista, California. RQLL CALL: PRESENT: Agency/Councilmembers: Davis, Rindone, Salas and Chair/Mayor Horton ABSENT: Agency/Councilmembers: Padilla (excused) ALSQ PRESENT: Executiye Director/City Manager Rowlands, Agency/City Attorney Kaheny, and City Clerk Bigelow CQNSENT CALENDAR 1. APPRQV AL QF MINUTES Staff recommendation: The Redeyelopment Agency/City Council approye the minutes of February 19,2002 2. AGENCY RESQLUTIQN NO. 1770, RESQLUTION QF THE REDEVELQPMENT AGENCY QF THE CITY QF CHULA VISTA I) APPRQVING THE PALQMAR STREET ENTRYWAY BEAUTIFICATIQN CQNCEPT PLAN AND APPRQPRIATING $170,000 FRQM MERGED PROJECT AREA TAX ALLQCATIQN BQND PRQCEEDS FQR THE CQNSTRUCTIQN QF THE BEAUTIFICATIQN ELEMENTS; AND 2) WAIVING THE FORMAL CONSULTANT SELECTION PRQCESS AND APPRQVING AN AGREEMENT WITH ESTRADA LAND PLANNING, INC. FQR PREPARATIQN QF THE CQNSTRUCTIQN DQCUMENTS AND TQ PERFQRM CQNSTRUCTION ADMINISTRATIQN SERVICES FQR IMPLEMENTATIQN QF THE PALQMAR STREET BEAUTIFICATIQN PRQJECT The Palomar Street segment between Frontage Road (Interstate 5) and Industrial Bouleyard is one of three City entry corridors included in the entryway beautification project, which is intended to proyide enticing entryways to the City's downtown and waterfront areas. Estrada Land Planning, Inc. (Estrada) is under contract with the City to cornplete the entryway beautification concept plans for the Palomar Street segment, as well as "E" and "H" Streets between Interstate 5 and Broadway. Estrada has cornpleted Phase 1 of the Palomar Street segment, which includes preparation of the concept plan for the architectural treatments of the proposed sound walls, enhanced parkway and /-( CQNSENT CALENDAR (Continued) rnedian hardscape, banners within the public right-of-way, and accommodations for future plant installation on the south side. The Palomar Street design was initiated to coincide with the planned widening of this roadway segment, which is scheduled to be adyertised for construction bids in June 2002. Approyal of the proposed concept plan and appropriation of funds for implementation of the beautification elements, including the consultant agreement to prepare construction drawings and perform construction administration services, is required prior to commencing Phase 2 of the project. (Community Deyelopment Director) Staff recommendation: Redeyelopment Agency adopt the resolution. ACTIQN: Agency/Councilmember Rindone moyed to approye staffs recommendations and offered Consent Calendar Items 1 and 2, headings read, texts waiyed. The motion carri ed 4-0. QRAL CQMMUNICATIQNS There were none. PUBLIC HEARINGS 3. PUBLIC HEARING TQ CQNSIDER GRANTING A SPECIAL USE PERMIT (SUPS- 01-05) TO ALLQW THE DEVELQPMENT OF AN AUTOMATIC CAR WASH AND LUBE CENTER AT 1616 THIRD A VENUE/304 MONTGQMERY STREET WITHIN THESQUTHWESTREDEVELQPMENTPROffiCTAREA Perla Barraza/Smart-Mex, Incorporated ("applicant") is proposing to construct an automatic car wash and lube center at 1616 Third Ayenue/304 Montgomery Street, within the boundaries of the Southwest Redeyelopment Project Area. The project site is adjacent to a yariety of commercial uses along Third Ayenue, such as restaurants, automobile repair and paint shops, medical offices, storage facilities, and the historic Otay Baptist Church. The applicant proposes to redeyelop an underutilized parcel to a higher and better use, which will assist in the elimination of physical and economic blighting conditions, create jobs, and proyide a necessary service for this area of the City. The proposed land use is consistent with the City's General Plan, Zoning Qrdinance, and the Southwest Redeyelopment Plan. (Community Deyelopment Director) Senior Community Development Specialist Tapia presented the proposed project and the applicant's proposed changes in response to concerns expressed by some Planning Commissioners. Cornmunity Deyelopment Specialist Del Valle explained the adyantages of the proposed project, which included assisting with the elimination of physical and blighting conditions in the southwest region, creating jobs, generating tax increment reyenues, and proyiding a necessary service to the community. Page 2 Council/RDA Minutes (-~ 03/19/2002 PUBLIC HEARINGS (Continued) Mayor Horton asked what type of water conservation measures the proposed facility would provide. Dean Robinson, representing the applicant, explained that 70% to 80% of the water will be reclaimed and re-used in the wash cycle, with less than three to four gallons per car going to the City sewer, and at that point, the water will be partially sanitized. Chair/Mayor Horton opened the public hearing. There being no members of the public wishing to speak, she then closed the public hearing. Agencyrnember Rindone stated that the project was too intense and the site too small to accommodate two businesses. He expressed concern regarding the potential backup of traffic on the street, and he belieyed that the yehicle stacking area was inadequate. John Boarman, traffic engineer for the applicant, stated that the proposed project could not be cornpared with Bonita Car Wash, since only 100 yehicles per day are forecasted. He added that the queue length would proyide for six cars at a time, with an anticipated three-car queue during peak hours. Agencyrnember Rindone recommended that the item be sent back to staff to consider alternatiyes, and he suggested that: I) the facility be re-designed as a single-use facility only and/or 2) the lube center be sited to the extreme northeast sector of the property. ACTIQN: Agencyrnember Rindone moyed to refer the item back to staff for reconsideration. Chair/Mayor Horton seconded the motion, and it carried 4-0. OTHER BUSINESS 4. DIRECTQR'S REPQRTS There were none. 5. CHAIRlMAYQRREPQRTS There were none, 6. AGENCY/CQUNCIL CQMMENTS There were none. CLQSED SESSIQN Chair/Mayor Horton announced that Closed Session was cancelled, and the following items were not discussed: 7. CQNFERENCE WITH LEGAL CQUNSEL REGARDING EXISTING LITIGATIQN PURSUANT TQ GQVERNMENT CQDE SECTIQN 54956.9(a) Tuchscher ys. City of Chula Vista, Superior Court, County of San Diego, San Diego Judicial District, Court Case No. GIC758620 8. CQNFERENCE WITH LEGAL CQUNSEL REGARDING ANTICIPATED LITIGATIQN -PURSUANT TO GOVERNMENT CQDE SECTIQN 54956.9(b) One Case. Page 3 Council/RDA Minutes (- 3 03/19/2002 ADJOURNMENT At 8:30 p.m., ChairlMayor Horton adjourned the meeting to an Adjourned Regular Meeting of the Redeyelopment Agency on March 26, 2002, at 6:00 p.m" immediately following the City Council rneeting. 7~~t,-)(:l. ) Susan Bigelow, CMC, City Clerk Page 4 Council/RDA Minutes (-c.f 03/19/2002 MINUTES QF AN ADJOURNED REGULAR MEETING QF THE CITY CQUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA February 19, 2002 6:00 p.m. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redeyelopment Agency of the City of Chula Vista were called to order at 6:35 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Ayenue, Chula Vista, California. RQLL CALL: PRESENT: Agency/Councilmembers Dayis, Padilla, Rindone, and Salas ABSENT: ChairlMayor Horton ALSQ PRESENT: Executiye Director/City Manager Rowlands, Senior Assistant City Attorney Moore, and City Clerk Bigelow CQNSENT CALENDAR 1. APPROVAL OF MINUTES OF JANUARY 15, JANUARY 22, AND FEBRUARY 5, 2002 Staff recommendation: The Redeyelopment Agency/City Council approve the minutes. 2. a. QRDINANCE NQ. 2852, ORDINANCE QF THE CITY CQUNCIL OF THE CITY QF CHULA VISTA ADDING CHAPTER 2.41 TO THE CHULA VISTA MUNICIPAL CQDE RELATING TQ THE CREATIQN QF THE NATURE CENTER BQARD QF TRUSTEES b. QRDINANCE NQ. 2853, QRDINANCE QF THE CITY CQUNCIL QF THE CITY QF CHULA VISTA ADDING CHAPTER 2.19 QF THE CHULA VISTA MUNICIPAL CQDE RELATING TO THE ESTABLISHMENT OF THE NATURE CENTER DEPARTMENT, EFFECTIVE JULY I, 2002 Since its incorporation in 1986, the function and mission of the Bayfront Conservancy Trust (BCT) has eyolyed from an entity seeking to receiye 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 adyisory in nature as an adyocate 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 dissolye the non-profit corporation and establish a new body charged with adyising the City on matters related to the Chula Vista Nature Center. (City Manager) Staffrecommendation: Council place the ordinances on second reading for adoption. ( -I CQNSENT CALENDAR (Continued) 3. AGENCY RESOLUTION NO. 1769, RESOLUTION OF THE REDEVELOPMENT AGENCY QF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATIQN IS-0l-50 AND APPRQVING QWNER PARTICIPATIQN AGREEMENT WITH DANIEL L. AND RUTH STREET FOR THE CQNSTRUCTIQNQF A 9,000-SQUARE FQQT PRE-FABRICATED INDUSTRIAL BUILDING AT 2365 MAIN STREET WITHIN THE SQUTHWEST REDEVELQPMENT PROJECT AREA Daniel L. and Ruth Street, as property owners, are proposing to construct a 9,000 square foot pre-fabricated industrial building at 2365 Main Street, within the boundaries of the Southwest Redeyelopment Project Area. The metal building will be used to enclose auto parts from dismantled yehicles, which is currently being done in the open areas of the site. This proposal is part of a three-phase project originally approyed by the Redeyelopment Agency in 1993 through a special use permit. The applicant is proposing to implement the second phase of the project now and the third phase 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. With reference to Item No.2, Deputy Mayor Padilla asked why the appointment of a member to the board would require three yotes of the Council, while the remoyal of a member from the board would require four. Senior Assistant City Attorney Moore responded that she was not inyolyed with the project, but the reason rnost likely that remoying a member from office is generally of a more serious nature than appointing a member. ACTION: Agencymember Rindone moyed to approye staff recommendation and offered Consent Calendar Items #1 through #3, headings read, texts waived, with the understanding that, with reference to Item #2, the policy regarding the number of yotes needed to appoint and remove board members be consistent with the policy goyerning other City boards, committees, and commissions. The motion carried 4-0. ORAL CQMMUNICATIQNS There were none. OTHER BUSINESS 4. DIRECTOR'S REPORTS There were none. 5. CHAIRlMAYORREPORTS There were none. Page 2 RDA/Council Minutes / - d- 02/19/2002 OTHER BUSINESS (Continued) 6. AGENCY/COUNCIL COMMENTS Agency/Councilmember Rindone spoke of the moment of silence observed at last week's Council meeting in mernory of Barbara McAllister, a lady who was an active participant in her community, and conyeyed the appreciation of the family to the Council and community members. CLQSED SESSIQN Deputy Mayor Padilla announced that Closed Session was cancelled, and the following cases were not discussed: 7. CONFERENCE WITH LEGAL CQUNSEL REGARDING EXISTING LITIGATIQN PURSUANT TQ GQVERNMENT CQDE SECTIQN 54956.9(a) Tuchscher ys. City of Chula Vista, Superior Court, County of San Diego, San Diego Judicial District, Court Case No. GIC758620 8. CQNFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGA TIQN - PURSUANT TQ GQVERNMENT CQDE SECTIQN 54956.9(b) Qne case. ADJOURNMENT At 6:40 p.m., Deputy Mayor Padilla adjourned the meeting to the Regular Meeting of the Redeyelopment Agency on March 5, 2002, at 4:00 p.m., immediately following the City Council meeting in the City Council Chambers. - ~~'{~ Susan Bigelow, CMC/AAE, City Clerk Page 3 RDA/Council Minutes 1-3 02/19/2002 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: ..;:t MEETING DATE: 03/19/02 ITEM IITLE: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 1) APPROVING THE PALOMAR STREET ENTRYWAY BEAUTIFICATION CONCEPT PLAN AND APPROPRIATING $170,000 FROM MERGED PROJECT AREA TAX ALLOCATION BOND PROCEEDS FOR THE CONSTRUCTION OF THE BEAUTIFICATION ELEMENTS; AND 2) WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT WITH ESTRADA LAND PLANNING, INC. FOR PREPARATION OF THE CONSTRUCTION DOCUMENTS AND TO PERFORM CONSTRUCTION ADMINISTRATION SERVICES FOR IMPLEMENTATION OF THE PALOMAR STREET BEAUTIFICATION PROJECT SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR 4\--\T\ ~> REVIEWED BY: EXECUTIVE DIRECTORi.9f 0-;>1 yO' 4/SIHS VOlE: YES 0 NO D BACKGROUND The Palomar Street segment between Frontage Road (Interstate 5) and Industrial Boulevard is one of three City entry corridors included in the Entryway Beautification Project intended to provide enticing entryways to the City's downtown and waterfront areas. Estrada land Planning, Inc. (Estrada) is under contract with the City of Chula Vista to complete the entryway beautification concept plans for the Palomar Street segment, as well as "E" and "H" Streets between Interstate 5 and Broadway. Estrada has completed Phase 1 of the Palomar Street segment, which includes preparation of the concept plan for the architectural treatments of the proposed soundwalls, enhanced parkway and median hardscape, banners within the public right-of-way, and accommodations for future plant installation on the south side. The Palomar Street design was initiated to coincide with the planned widening of this roadway segment scheduled to be advertised for construction bids in June 2002. Approval of the proposed concept plan and apprapriation of funds for implementation of the beautification elements, including the consultant agreement to prepare construction drawings and perform construction administration services, is required prior to commencing Phase 2 of the Project. RECOMMENDAIION That the Redevelopment Agency: a) adopt the attached Resolution approving the Palomar Street Entryway Beautification Concept Plan and apprapriate $170,000 from Merged Project Area Tax Allocation Bond Proceeds; and that the Agency: b) adopt a resolution waiving the formal consultant selection process approving an agreement with Estrada to prepare the construction documents and perform construction administration services for implementation of the Palomar Street Beautification Project. .;2-/ PAGE 2, ITEM NO.: MEETING DAlE: 03/19/02 BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION On December 5, 2000, the City Council adopted Resolution 2000-439 approving an agreement with Estrada to plan and design Phase I of the Chula Vista Entryway Beautification Project. This Project entails revitalizing and providing entry statements to the "E" and "H" Street segments between Interstate 5 and Broadway, and the Palomar segment between Interstate 5 and Industrial Boulevard. These three segments, long considered primary entryways into the City in need of revitalization, lead to some of the most frequented retail establishments in the South Bay and provide a front door to the waterfront redevelopment areas. Phase 2 of the Project encompasses preparation of the construction documents and the actual construction of the beautification elements. Design of the "H" Street segment was initiated first to coincide with the planned roadway reconstruction of "H" Street. This project was advertised for construction bids in early February 2002, with construction anticipated to commence in mid-May. A similar roadway reconstruction and widening project is planned for the Palomar Street segment and Estrada, working with an internal committee staffed with representatives from the City's Community Development, Planning, Engineering, and Public Works Departments, developed a beautification concept for Palomar Street. It is anticipated that these beautification elements will be constructed with the roadway improvement project, which is scheduled to be advertised for bids in June 2002. Construction is slated to commence in September and be completed within approximately 15 months. Phase 1 of the "E" Street Beautification Project will commence upon completion of the Palomar Street concept plan. The Palomar Street concept includes architectural treatment of the proposed soundwalls, enhanced parkway and median hardscape, banners within the public right-of-way, and accommodations for future plant installation on the south side. In addition to creating an enhanced gateway into the community, project goals included creating a low-maintenance, pedestrian-friendly and safe environment, while also improving the quality af the infrastructure and thereby facilitating economic and physical rehabilitation in the area. Proposed Desian Elements The proposed beautification concept plan, as shown on Attachments 1 and 2, complements the Palomar Street roadway improvement project, which includes widening the roadway segment from Frontage Road (Interstate 5) to Industrial Boulevard, constructing a raised median, adding non-contiguous sidewalks on both the north and south sides, and constructing soundwalls along the north side of the project boundary behind the sidewalk. The median design allows for center left turns at Trenton Avenue. Right-of-way acquisition to accommodate the widened roadway and parkway elements is being performed as part of the roadway improvement project. ,2-d.. PAGE 3, IIEM NO.: MEETING DAlE: 03/19/02 The soundwall will be constructed of precision block having a light brown finish with columns spaced at approximately 27 feet on center. The architectural treatment proposed for the front face of the soundwall consists of applying three different materials to the block wall to form meandering bands of texture and color (Attachment 1). The materials to be used include pebble beach rock (small size rock in brown tones), stone pavers (medium size stones in earth tones), and ceramic tile (1" xl" tile in tones of blue and green). Sidewalks are to be constructed on both the north and south sides leaving a 4-foot parkway adjacent to the curb. The architectural treatment of the soundwalls would be reflected in the parkways by insetting the same materials and patterns into the parkways. These bands of material would visually appear to flow from the vertical (soundwall) to the horizontal (parkways) creating a uniform element of color and texture within the public right-of-way. A single paving material of either the pebble rock ar stone pavers would be installed in the median to fit within the narrow width while providing continuity in paving materials. Sidewalks will be constructed of standard non-colored concrete and will have a light broom finish that is ADA compliant. Two bus stop locations, one on the north side and one on the south side, are proposed for the project area. light broom finished colored concrete sections (Coachella Sand coloring) that are 25 feet by 4 feet are proposed to be constructed within these locations to provide distinct bus loading and unloading areas. Banner poles will be installed in addition to the new street light standards for mounting decorative banners within both the north and south parkway areas. The architectural treatment of the hardscape elements will enhance the pedestrian and motorist experience in an area where limited space within the northern right-of-way prevents the use of traditional landscape materials such as street trees, shrubs, and vines. As the property adjacent to the southern boundary of the project area is proposed for redevelopment, the future project could be conditioned to install, irrigate, and maintain streetscape plantings as shown on Attachment 1. To accommodate this potential opportunity, Coachella Sand-colored concrete pads (5 feet by 5 feet) would be installed in the parkway where future street trees are proposed. Additional plantings outside the public right-of-way, when installed, would ultimately provide a streetscape promenade on the south side. Recommended plant materials include the Flowering Pear and Fern Pine trees, Bird of Paradise, Flax, liriope, Pittosporum, Privet, Juniper, and Indian Hawthorn shrubs, and evergreen groundcovers. Irrigation sleeves will be installed as part of the current project to accommodate future irrigation needs. In the interim, required maintenance for the proposed beautification elements will be minimal. An anti-graffiti product will be applied to the vertical hardscape elements to further minimize ongoing maintenance costs. Public Notice A courtesy notice of the presentation scheduled before the Redevelopment Agency on March 19, 2002, was placed in the Star News the week of March 11. A courtesy presentation before the Broadway Business Association is scheduled for March 14. ;2-3 PAGE 4, ITEM NO.: MEETING DATE: 03/19/02 Environmental Status Pursuant to the California Environmental Quality (CEQA), the Planning & Environmental Services Manager has determined that the proposed praject requires a mitigated negative declarotion (CEQA) and a categorical exclusian (NEPAl for the Palamar Raadway c.I.P. project and would extend to the installation of the beautification elements. Preparation af the Constructian Dacuments and Constructian Administratian Estrada, having campleted the proposed Phase I concept plan for the Palomar Street Entryway, is prepared to assist in implementing Phase 2 of the project. Staff requests that the Agency waive the formal contract selectian procedure (Chula Vista Municipal Code Section 2.56.070) and award an agreement with Estrada ta prepare the Palomar Street canstruction documents and perform construction administration services associated with Phase 2 of the project. As the landscape architect, Estrada has an intimate knowledge of the project and has worked closely with staff to resolve a number of technical issues associated with it. This technical expertise and project familiarity, combined with Estrada's extensive experience, would enable Estrada to complete the construction documents in a timely and satisfactory fashion. This would permit construction of the beautification elements to proceed parallel with roadway reconstruction project. This agreement would be entered into on the City's standard form, approval of which does not require a 4/5ths vote. Summary Implementation of the construction documents will commence immediately following approval of the concept design so that the beautification elements may be included in the roadway reconstruction bid package to enable these elements to be constructed concurrent with the roadway work. This will preclude an extended construction schedule and result in the least impact to the adjacent property owners. Project construction is scheduled to commence in June 2002. It is anticipated that the combination of roadway improvements and the addition of the beautification elements will enhance one of the City's primary entry corridors while facilitating economic and physical rehabilitation in the area. FISCAL IMPACT The total cost to implement the Palomar Street Entryway Beautification Project concept plan, including construction document preparation, installation, and construction administration is $170,000. This amount will be appropriated from Merged Project Area Tax Allocation Bond Proceeds. No additional costs are associated with this project for ongoing maintenance. ATTACHMENTS 1. Palomar Street Entryway Beautification Concept Plan 2. Photo Exhibits (existing conditions and design simulation) J:\COMMDEV\STAFF.REP\03-19-02\Palomar Street.doc ~-y RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 1) APPROVING THE PALOMAR STREET ENTRYWAY BEAUTIFICATION CONCEPT PLAN AND APPROPRIATING $170.000 FROM MERGED PROJECT AREA TAX ALLOCATION BOND PROCEEDS FOR THE CONSTRUCTION OF THE BEAUTIFICATION ELEMENTS; AND 2) WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT WITH ESTRADA LAND PLANNING, INC. FOR PREPARATION OF THE CONSTRUCTION DOCUMENTS AND TO PERFORM CONSTRUCTION ADMINISTRATION SERVICES FOR IMPLEMENTATION OF THE PALOMAR STREET BEAUTIFICATION PROJECT WHEREAS, the Palamar Street segment between Frontage (Interstate 5) and Industrial Boulevard, and the "E" and "H" Street segments between Interstate 5 and Broadway have long been considered primary entryways into the City in need of revitalization; and WHEREAS. on December 5, 2000, the City of Chuia Vista entered into an agreement with Estrada Land Planning. Inc. to manage Phase 1 of the Entryway Beautification Project; and WHEREAS, Estrada Land Planning. Inc. has completed Phase 1 of the Entryway Beautification Project for the Palomar Street segment; and WHEREAS, Estrada has an intimate knowledge of the project and has worked closely with staff to resolve a number of technical issues associated with the project; and WHEREAS, construction of the beautification elements is designed to coincide with the Palomar Street roadway improvement project; and WHEREAS, the entryway beautification elements include architectural treatments of the proposed soundwalls, enhanced parkway and median hardscape, banners within the public right-of- way, and accommodations for future plant installation on the south side; and WHEREAS, approval of the proposed concept design and appropriation of funds for construction, including preparation of construction documents and performance of construction administration seryices, is required prior to initiating the bid process for construction of the Palomar Street entryway beautification elements; WHEREAS, Estrada's technical expertise and project familiarity. combined with Estrada's extensive experience would enable Estrada to complete the construction documents in a timely and satisfactory manner; and WHEREAS, City staff is unable to perform the required construction administration seryices necessary to maximize conformity with the construction documents and ensure satisfactory project completion; and WHEREAS, Estrada, as the landscape architect responsible for the concept design. is qualified to perform construction administration and to make certain that the project is constructed as designed; and d-S- WHEREAS, the City is waiving the contract selection procedure as impractical because timely completion of the Palomar Street Beautification construction documents would permit construction of the beautification elements to proceed parallel with the roadway improvement project; Estrada is uniquely qualified due to their technical expertise and project familiarity; and City staff is unable to perform the necessary seryices; and WHEREAS, Estrada warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required to the Redevelopment Agency of the City of Chula Vista within the time frames provided in the Agreement in accordance all terms and conditions of the Agreement; NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby 1) approve the Palomar Street Entryway Beautification Concept Plan and the Agency hereby appropriates $170.000 from the Merged Project Area Tax Allocation Bond Proceeds; and 2) waive the formal contract selection procedure as impractical and approve an Agreement with Estrada Land Planning, Inc. for preparation of the construction documents and performance of construction administration seryices as part of Phase 2 of the Chula Vista Entryway Beautification Project for the Palomar Street segment. BE IT FURTHER RESOLVED, that the Agency does hereby approve said Agreement on the terms presented and (2) authorizes the Executive Director to execute such agreement. PRESENTED BY APPROVED AS TO FORM BY ~~. Chris Salomone Director of Community Development J :\COMMDEVlRESOS\Palomar.doc c:J-~ AGREEMENT BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF CHUlA VISTA AND ESTRADA lAND PLANNING, INC for-Preparation of Construction Documents and Construction Administration Services for Palomar Streetscape Improvements This agreement ("Agreement") is entered into effective as of , 2002 ("Effective Date"), by and between the Redevelopment Agency of the City of Chula Vista ("City") and Estrada land Planning, Inc., a California corporation ("Consultant") with reference to the following facts: Recitals WHEREAS, the City desires to construct entryway beautification elements on Palomar Street between Frontage Road and Industrial Boulevard; and, WHEREAS, the City has waived the consultant selection process and Estrada Land Planning, Inc. was selected as Consultant due to their intimate knowledge of the project, the extensive experience, and their ability to complete the services in a timely manner and, WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the construction document services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; WHEREAS, City staff is unable to perform the required construction administration services necessary to maximize conformity with the construction documents and ensure satisfactory project completion; and WHEREAS, Estrada, as the landscape architect responsible for the project design, is qualified to perform the construction administration and to make certain that the project is constructed as designed. NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: A-I Page 1 of 18 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit At Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the tirne frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreernenl. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Page 2 of 18 /l.;L F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any pol icy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions Insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General liabil ity policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Securitv for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space Page 3 of 18 A.3 immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business license Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than Page 4 of 18 If 4 monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. Page 5 of 18 - /7- ~ 6. Financial I nterests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject Page 6 of 18 11 -- Co matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of th is Agreement, or for 1 2 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless 7.1. Indemnification and Hold Harmless Agreement With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payment for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the city, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 7.2 Indemnification for Professional Services As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to Page 7 of 18 ;7- 7 indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that _ event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactori Iy completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". Page 8 of 1 8 A --y 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. Page 9 of 18 A- q 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Othervvise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. Page 10 of 18 ;4-10 F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [End of page. Next page is Signature Page.] Page 11 of 18 Ii - (I SIGNATURE PAGE TO AGREEMENT BETWEEN CITY OF CHUlA VISTA AND ESTRADA lAND PLANNING, INC. for Preparation of Construction Documents and Construction Administration Services for Palomar Streetscape Improvements IN WITNESS WHEREOF, Agency and Consultant have executed this Agreement, as of the Effective Date, thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: REDEVELOPMENT AGENCY OF THE CITY OF CHUlA VISTA ESTRADA LAND PLANNING, INC. Shirley Horton Chair 51", E'~ by: by: President ATTEST: by: Susan Bigelow City Clerk APPROVED AS TO FORM: by: John M. Kaheny Agency Attorney Exhibit List to Agreement: lRl Exhibit A. Page 1 2 of 18 ;f-rd- EXHIBIT A TO AGREEMENT BETWEEN CITY OF CHUlA VISTA AND ESTRADA lAND PLANNING, INC. 1. Effective Date of Agreement: 2. City-Related Entity: Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of Cal ifornia 3. Place of Business for Agency: City of Chula Vista 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Estrada Land Planning, Inc. 5. Business Form of Consultant: Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 755 Broadway Circle, Suite 300 San Diego, California 92101-6161 Voice Phone (619) 236-0143 Fax Phone (619) 236-0578 7. General Duties: The Consultant shall oversee preparation of the construction documents required for the implementation of the Palomar Street segment of the Chula Vista Entryway Beautification Project, which includes soundwall treatments, parkway and median hardscape, and banner design within the right-of-way. The Consultant shall prepare the construction plans and the construction details, specifications, and cost estimate. The Consultant shall also meet with staff responsible for construction plan approval. The Consultant shall also perform construction administration services during the construction process required to implement the Palomar Street segment of the Chula Vista Entryway Beautification Project. These services shall be performed to maximize conformity with the construction documents and ensure satisfactory project completion. Page 1 3 of 1 8 11-(3 8. Scope of Work and Schedule: A. Detailed Scope of Work: Task 1 - Construction Documents (90% and 100% Submittals) The Consultant shall prepare landscape construction drawings based on the approved design concept plan. The drawings will be supplementary to the demolition, grading, lighting, and street improvement plans to be prepared by the City. The scope will include the following: Construction Plans: Plans shall be prepared to indicate design of soundwall treatments, parkway and median hardscape, banners, and construction of any other landscape-related items. Construction Details: Construction details shall be prepared as required for soundwall treatments, parkway and median hardscape, banners, and other landscape-related items. SDecifications: The San Diego Regional Standard Specifications shall be the basis for construction. Special Provisions for the items above shall be prepared for materials and installations not included in the "Greenbook." Special Provisions shall be provided in hard copy and electronic data formats. Construction Cost Estimate: An opinion of probable construction cost shall be prepared based on the 90% and 100% submittal plans. Deliverables: The following shall be provided: · A maximum of ten (10) bond or blueprint sets for City distribution for each of the 90% and 100% CD's · One (1) set of Specifications for each submittal in Word format and hard copy · Opinion of probable construction cost for the 90% and 100% submittals. Meetings: Consultant shall attend up to six (6) project coordination meetings with City staff. Task 2 - Final Plans (Mylar Submittal) Revisions: Revisions to the construction documents shall be prepared to the satisfaction of the City based on comments to the 100% submittal. ;1- / <I Page 14 of 18 Final Plans. Specifications, and Opinion of Probable Construction Costs: Atthe direction of the City, Consultant shall prepare and submit final plan mylars, final specifications for special provisions sections, and a final opinion of probable construction costs. Task 3 - Construction Administration Services Subtask A: Attend the Pre-Bid Meeting and provide responses to questions, as necessary. Review all contractor submittals for amendment or approval. Assist in clarifying design interpretation issues raised by the contractor and/or City Resident Engineer in regard to soundwall treatments, parkway and median hardscape, banners, and any other landscape- related items (as it pertains to the drawings) and assist the City in preparing addenda and change orders, as required. Subtask D: Observe the construction for general conformance and intent of contract documents and advise the City of conformity and progress. Prepare a letter of Substantial Conforrnance/Completion upon completion of the pre-maintenance period walk-through. Deliverables: The following shall be provided: . Addenda and change orders, as required . Letter of Substantial Conformance/Completion Consultant shall attend up to ten (10) construction meetings on site, including a pre-bid meeting, pre-construction meeting, construction team meetings, pre-maintenance period walk-through, and a final maintenance walk-through prior to turn-over of project to City staff. Subtask B: Su btask C: Subtask E: Meetings: B. Date for Commencement of Consultant Services: Effective Date of Agreement C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Construction Documents for the 90% submittal - April 19,2002 Deliverable No.2: Construction Documents for the 100% submittal- May 1,2002 Deliverable NO.3: Final Plans - May 8, 2002 Deliverable No.4: Addenda and change orders - as required Deliverable No.5: Letter of Substantial Conformance/Completion - within two (2) working days of satisfactory pre-maintenance period walk-through A-/~ Page 1 5 of 18 D. Date for completion of all Consultant services for the Palomar Street Entryway Beautification Project: December 2003 Task 4 - Supplemental Services (Optional Additional Services) This phase shall include plan processing, additional meetings, and any other services not mentioned in Tasks 1 through 3. These services are not included as part of the lump sum fee and shall be billed hourly according to the rate schedule included in Section 11 of this Exhibit A. These services shall only be performed upon written authorization from the City. 9. Insurance Requirements: [Rj Statutory Worker's Compensation Insurance o Employer's Liability Insurance coverage: $1,000,000. [Rj Commercial General Liability Insurance: $1,000,000. o Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). [Rj Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: None 11. Compensation: Phased Fixed Fee For Tasks 1, 2 and 3, City shall pay Consultant the fixed fee associated with each phase of Defined Services set forth below. Payment shall be due and payable upon completion of such phase to City's satisfaction and upon Consultant's submittal of an invoice therefore as provided in Section 18 of this Exhibit A. PHASE FEE FOR SAID PHASE (less 10% retention) 1. Construction Drawings for 90% $11,853 Submittal 2. Construction Drawings for 100% $5,310 Submittal 3. Final Plans $1,743 4. Work-to-Date - Pre-Bid to March 30, $1,873 2003 5. Work-to-Date - March 30 to Sept. 30, $1,873 2003 6. Letter of Substantial Conformance . $1,873 7. Retention Payment $2,725 8. Direct Expenses (printing, deiivery, $750 mileage) /1- 1 Co Page 16 of 18 ForTask 4, Services authorized in writing by City, City shall pay Consultant for the time spent by Consultant in the performance of such services at the rates set forth below: RATE SCHEDULE 1. Category of Employee of Consultant Hourly Rate 2. Principal Land Planner/ Landscape Architect $150.00 3, Associate Land Planner/ Landscape Architect $105.00 4, Land Planner/Landscape Architect $85.00 5. Draftsperson $65.00 6. Clerical $45.00 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: [RJ None, the compensation includes all costs 13. Contract Administrators: City: Leisa lukes, Principal Community Development Specialist Consultant: Steve Estrada, President 14. Liquidated Damages Rate: Not applicable 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: [RJ Not Applicable. Not an FPPC Filer. [RJ List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None 16. Consultant is Real Estate Broker and/or Salesman: Not applicable 17. Permitted Subconsultants: Not applicable A-II Page 1 7 of 1 8 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: I:RI Month Iy D Quarterly D Other: B. Day of the Period for submission of Consultant's Billing: D First of the Month D 15th Day of each Month I:RI End of the Month D Other: C. City's Account Number: 19. Security for Performance D Performance Bond, $ D letter of Credit, $ D Other Security: Type: Amount: $ I:RI Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: I:RI Retention Percentage: 10% D Retention Amount: $ Retention Release Event: I:RI Completion of All Consultant services to City satisfaction D Other: 11-- If: Page 18 of 18 i ~ ~ '" ~ ~ ~ III 0 '" m ~ ~ ~ < .. ~~~~Q~I~ " z ~ < ~ < W ~ I p~ I < .. Z l: ~ ~$ " ~ ~ :::E ~ ::r ~ ~ ~~~ 0 ~ u ~ ~h ~ ~ <D ~ ~~~ ~ t;S1 0 !c~ ,., ~~ I- ~~~ ,"~2 <;5 m ~ ~ ~ ~ ~ i. ~ ~ ~~ ~ !! ~ ~ a I 0 a ~ · <! r Ii' . '"1 I' ~ ~ g d (5 (1):2 -<~ 4:< :it! :ti3 ~ I ~ ~ ~ b h Ii II Iu I n i ~~ ~ .~ ~ ~ ~ ~ ~\..~~ ~ ~ 'QO ~ f;)\J'i;'~\~ \~ ~ Iii ~ Iii : i~~ ~ ; :; I! . n~ , IIi c::s \ Ii , II ~ I ~ \ \ b. ~U! .. h~ I ~ .. .. w ~ ~ ~ ~ ~ \ ~ \ ~ \ \ \ ~ \ ~ \ \ ~ \/'" ; w :> ~ /'" ~o~ ~ ~ ~~~,,\J~ Q.. ~ ~ [ ~ ~/~ I \ \ \ \ \ ;7 ~~~~\ -~ FRONTAGE ROAD 'II 'I' Name: Date: comp.jpg 3/11/02 1 :43:58 PM ATTACHMENT 2 PAGE 1, ITEM NO.: -3 MEETING DATE: 03/19/02 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: 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 RESOLUTION ADOPTING MITIGATED NEGATIVE DECLARATION 15-01-38 AND APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PERLA BARRAZA/SMART -MEX, INCORPORATED FOR THE DEVELOPMENT OF AN AUTOMATIC CAR WASH AND LUBE CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA RESOLUTION GRANTING A SPECIAL USE PERMIT (SUPS-01-05) TO PERLA BARRAZA/SMART-MEX INCORPORATED FOR THE DEVELOPMENT OF AN AUTOMATIC CAR WASH AND LUBE CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L\~~ Cs REVIEWED BY: EXECUTIVE DIRECTO~ ?~ -V j '" '1 4/STHS VOTE: YES D NO 0 BACKGROUND Perla Barraza/Smart-Mex, Incorporated ("Applicant") is proposing to construct an automatic car wash and lube center at 1616 Third Avenue/304 Montgomery Street, within the boundaries of the Southwest Redevelopment Project Area. The project site is adjacent to a variety of commercial uses along Third Avenue, such as restaurants, automobile repair and paint shops, medical offices, storage facilities, and the historic Otay Baptist Church. The Applicant proposes to redevelop an underutilized parcel to a higher and better use, which will assist in the elimination of physical and economic blighting conditions, create jobs, and provide a necessary service for this area of the City. The proposed land use is consistent with the City's General Plan, Zoning Ordinance, and the Southwest Redevelopment Plan. The City's Environmental Coordinator reviewed the proposed project pursuant to the provisions of the California Environmental Quality Act (CEQA), and has issued a Mitigated Negative 3 - I PAGE 2, ITEM NO.: MEETING DATE: 03/19/02 Declaration, IS-Ol-038. Due to changes to the proposed project, the Environmental Review Coordinator conducted Initial Study 15-01-38, and determined that the proposed changes to the project will not result in greater impacts than previously disclosed and all previously identified mitigation measures are adequate to mitigate impacts. Therefore, an Addendum to IS-01-38 was prepared in accordance with CEQA. The Southwest Redevelopment Project Area Plan requires that the Applicant enter into an Owner Participation Agreement, which includes design plans. The Mitigated Negative Declaration, Special Use Permit, and Owner Participation Agreement are being presented to the Redevelopment Agency for consideration and approval. RECOMMENDATION Staff recommends the Redevelopment Agency hold the required public hearing, take public testimony, if any, and approve the resolution adopting the Mitigated Negative Declaration and Owner Participation Agreement, and the resolution granting a Special Use Permit for the proposed automatic car wash and lube center. BOARDS/COMMISSIONS RECOMMENDATION On November 19, 2001, the Resource Conservation Commission was scheduled to review the Mitigated Negative Declaration for the proposed project. Due to the lack of committee quorum, a determination by the Environmental Review Coordinator deemed the proposed Mitigated Negative Declaration as complete for the proposed project. On December 4, 2001, the City's Design Review Committee voted 5-0 in favor of recommending that the Redevelopment Agency adopt the Mitigated Negative Declaration, and approve the proposed project. Additionally, the Design Review Committee expressed that they would support a variance that would allow the Applicant's proposed 10-ft. landscape setback along Montgomery Street, which is less than the IS-ft. requirement per the Montgomery Specific Plan for all new projects constructed along Main Street, Broadway, or Third Avenue. On January 9, 2002, the City's Planning Commission reviewed the proposed project and accompanying Special Use Permit and Mitigated Negative Declaration. The Planning Commission continued this item to allow the Applicant to address their concern regarding the potential for the stacking of vehicles when vehicles exit the car wash via the dedicated alley. On January 23, 2002, the public hearing for this item took place, however, the Planning Commission did not provide a formal recommendation to the Redevelopment Agency. Several Planning Commissioners continued to express their concern for issues pertaining to traffic and internal circulation. The Applicant has since worked diligently with staff and has modified their site plan to address the above mentioned concerns by 1) adding two parking spaces on the northwest side of the site, thereby preventing alley entrance into the project site from the alley, and 2) repositioning the parking space for persons with disabilities to another area for improved accessibility and internal 3-d-. PAGE 3, ITEM NO.: MEETING DATE: 03/19/02 circulation. Additional environmental analysis was conducted due to the changes to the proposed project. The City's Environmental Review Coordinator determined that the proposed changes would not result in greater impacts than previously disclosed, and that all previously identified mitigation measures were adequate to mitigate impacts. DISCUSSION Site Characteristics The project site is a level parcel consisting of .28 acres, and is located at the northwest corner of Third Avenue at Montgomery Street, within the boundaries of the Southwest Redevelopment Project Area. Referred to as the Otay neighborhood in the Montgomery Specific Plan, the area is characterized by single and multifamily residential units, and a variety of commercial uses along Third Avenue, such as restaurants, automobile repair and paint shops, medical offices, storage facilities, and the historic Otay Baptist Church. The project site contains an existing single-family residential unit, which was acquired by the Applicant, and will be demolished or relocated to make way for the project. Additionally, there is a large open yard area where another single-family residential unit existed, but was lost in a fire years ago. After acquiring the property, the Applicant allowed a tenant to move into the existing unit on a temporary basis. The Applicant also informed the tenant that the arrangement would be terminated once the project was ready to move forward. As a result, there are no relocation issues that the Agency is required to address due to involvement in the project. Section 4 of the OPA addresses responsibility for relocation expenses related to the project, and indemnifies the Agency from any relocation claims. Additionally, there is no loss of an affordable residential unit, due to recent affordable hausing developments that have resulted in the Southwest Redevelopment Area meeting more than its fair share of providing affordable housing. Proiect Description The Applicant proposes to construct an automatic 1 ,240-sq. ft. car wash, 840-sq. ft. two-bay lube center, 435-sq. ft. customer service building, and required on-site parking, landscaping and driveways. The buildings will be developed with a combination of stucco smooth face concrete block and split-face decorative concrete block. The storefront windows and doors will be clear glazed, and the roll-up doors aluminum. The car wash is proposed as a full service operation, meaning that vehicles will be released to an employee at a vacuuminglstaging area, and then received back by the owner near the exit of the customer service building. Each vehicle will have the potential to be on site for a total of 6-10 minutes depending on the options purchased (i.e. armor all). During peak time, the maximum time on site is not expected to exceed 15 minutes. The lube center will provide basic oil change and service functions, and will handle two cars simultaneously with an estimated maximum work time of 10 to 15 minutes. The lube center customers will have the option for a car wash with the purchase of a lube service. The car wash .3- 3 PAGE 4, ITEM NO.: MEETING DATE: 03/19/02 is estimated to wash approximately 75- 1 00 cars per day, and the lube center is estimated to process approximately 20-25 per day. The proposed business hours are limited to 8:00 a.m. to 6:00 p.m. in the summer and 8:00 a.m. to 5:00 p.m. in the winter, which is within the requirements of the Municipal Code. There will be an estimated seven employees working in the proposed facilities. Land Use Desianations The project site and adjacent uses include the following: Site: North: South: Existina land Use Single Family Residential Unit Auto Repair & Painting Shop Resi dentia I/Resta u ra ntl Shoemex Imports Los Panchos Restaurant Multifamily Residential General Plan Mercantile & Office Commercial Mercantile & Office Commercial Mercantile & Office Commercial Zoninq CCP CCP CCP East: West: Mercantile & Office Commercial Mercantile & Office Commercial CCP CCP As listed above, the project site's zoning and land use designation are Central Commercial with Precise Plan (CCP) and Mercantile & Office Commercial. These designations allow for a variety of commercial uses, such as retail stores, business offices, restaurants, and other land uses that provide commodities or services to the general public. The proposed car wash and lube center requires a special use permit, per the Municipal Code. Parkina & Accessibility The proposed project will provide a total of seven parking spaces, as well as a parking space for an individual with a disability. The business operational profile states that up to seven persons will be employed an-site (five for the car wash and two for the lube center), thereby requiring seven parking spaces. The parking requirement is based on the two functions of the business, with the car wash requiring one parking space for each employee, and the lube center requiring one space for each 400-sq. ft. of floor area. The project's proposed parking complies with the City's Municipal Code regulations pertaining to parking requirements. The Applicant has adequately addressed issues pertaining to internal circulation. The entrance to the car wash and lube center will be located at the south driveway along Third Avenue. Customers will enter the lube center or the car wash stacking lane, which will allow six cars to stack three deep with two cars side by side. Customers will leave the premises through the north driveway onto Third Avenue. lube center customers opting for a car wash will also be required to leave the premises through the north driveway and return by right turn to re-enter the south driveway into the car wash stacking lane. The Planning Commission originally continued this item from the January 9, 2002 meeting, to allow the Applicant to address the Planning Commission's concern regarding the potential for the stacking of vehicles when vehicles exit the car wash via the dedicated alley. Based on the Planning Commission's concern, the Applicant revised the site plan to require car wash and lube center customers to exit the business from the north driveway directly onto Third Avenue. This will 3-1 PAGE 5, ITEM NO.: MEETING DATE: 03/19/02 allow for vehicles to receive drying treatment after emerging from the automated car wash building, and exiting onto Third Avenue. Parking will be accessed from the dedicated alley, rather than from the on-site driveways. The City Engineer has reviewed and approved the use of the alley to access the required employee parking. On January 23, 2002, the public hearing for this item took place, however, the Planning Commission did not provide a formal recommendation to the Redevelopment Agency. Several Planning Commissioners continued to express their concern for issues pertaining to traffic and internal circulation. The Applicant has since worked diligently with staff and has modified their site plan to address the above mentioned concerns by 1) adding two parking spaces on the northwest side of the site, thereby preventing entrance into the project site from the alley, and 2) repositioning the parking space for persons with disabilities to another area for improved accessibility and circulation. Additional environmental analysis was conducted due to the changes to the proposed proiect. The City's Environmental Review Coordinator determined that the proposed changes would not result in greater impacts than previously disclosed, and that all previously identified mitigation measures were adequate to mitigate impacts. In conformance with the commercial arterial street designation, Third Avenue will be widened and improved by the Applicant, at Applicant's cost, to provide an additional travel lane along the entire frontage of the proiect, and will be red curbed to allow better access into the business. Landscapina: The proposed landscaping will enhance the overall site, primarily by buffering the harsh uses of car wash and lube center with large planter areas on all sides, except for the dedicated alley. The landscape along Third Avenue will include Agaves, Queen Palms, and Kangaroo Paws. The landscape along Montgomery Street will include Queen Palms and Phoenix Canariensis. Additionally, the rear yard will include Cypress trees, shrubs, and vines that will be planted along the 6-ft. high chain-link fence to be located on the property line. The Applicant's proposed landscape plan exceeds the Montgomery Specific Plan's 15 percent total on-site landscape requirement, with landscape planter areas covering 25 percent of the property. However, the Applicant has requested a 10-ft. landscape setback along Montgomery Street, which is less than the IS-ft. requirement per the Montgomery Specific Plan for all new projects constructed along Main Street, Broadway, or Third Avenue. As a result, a condition of approval has been added that requires the Applicant to seek an administrative variance or to provide the additional 5-ft. The Applicant has indicated that they would seek an administrative variance to reduce this landscape setback to 10-ft., which may be granted by the City's Zoning Administrator. At the Design Review Committee hearing, members expressed that they would support a variance that would allow the Applicant's proposed 10-ft. landscape setback, because there would be an additional 3-ft. setback within the existing right-of-way, thereby making the IS-ft. requirement not as critical along a local side street. ,3-.s- PAGE 6, ITEM NO.: MEETING DATE: 03/19/02 Sianaae The Applicant's original submittal for signage consisted of individual wall signs for advertising both the lube center and cor wash, with channel letters indicating "Lightning Auto Center" and a yellow lightning bolt logo on the side and front to contrast the light blue on the tower element. The proposed signage for the lube center includes red channel letters indicating "Shell Rapid Lube" along with the corporate Shell icon on the front and side elevation, set on a yellow background. At the Design Review Committee's hearing, members expressed their concern over the lack of uniformity of the proposed signage. As a result, they revised the following condition pertaining to slgnage: A separate building permit shall be required for the wall signs, and shall be submitted to the Planning Division for all new signage permitting prior to the issuance of the building permit. The wall sign permit application shall include scaled plans ensuring that the channel letters for both the "Shell Rapid Lube" and "lightning Auto Center" consist of similar font style and size, in addition to the proposed logos. Directional signage as necessary will be required to direct traffic on Third Avenue concerning right-turn only movements onto the site driveways. A "no left turn" sign will be placed in the median of Third Avenue for north bound traffic to prevent left turns onto the site per Traffic Engineering standard requirement. Owner Participation Aareement The Owner Participation Agreement runs with the land and outlines the Applicant's responsibilities. Among other requirements, the Applicant will be required to: 1. Develop the property in accordance with the approved development proposal subject to the conditions of all City Departments and the City's Design Review Committee, Planning Commission, and the Redevelopment Agency. 2. Secure all necessary permits in a timely manner; and 3. Maintain the property in first class condition. CONCLUSION The Southwest Redevelopment Area was adopted in 1990 as a unique area in Chula Vista that requires special attention and consideration in order to eliminate and reverse physical and economic deteriorating conditions, provide and maintain adequate infrastructure, and produce revenue and job generating properties. All of staff's most critical concerns regarding the proposed project have been addressed, including internal circulation, intensity, landscaping, parking, sound buffering, and architecture. The proposed project will be beneficial for the City, because it will redevelop an underutilized parcel to a higher and better use, assist in the elimination of physical and economic blighting J - G, PAGE 7, ITEM NO.: MEETING DATE: 03/19102 conditions, create jobs, and provide a necessary service to this area of the City. Additionally, the proposed project achieves architectural, landscape, and urban design principles that ore exemplary for this type of business establishment. Staff recommends adoption of the Mitigated Negative Declaration, and approval of the Special Use Permit and Owner Participation Agreement for the proposed car wash and lube center. The proposed project is consistent with the City's General Plan, Zoning Ordinance, and Southwest Redevelopment Plan. FISCAL IMPACT The proposed project has an estimated valuation of $619,040, thereby generating an estimated annual tax increment revenue of $6,190. The annual tax increment will be distributed as follows: $1,238 (20%) for the Housing Set-Aside fund; $2,625 (53%) to affected taxing entities as part of the tax sharing pass-thru agreements; and the remaining $2,327 will accrue to the Southwest Redevelopment Project Area fund. ATTACHMENTS Attachment A - Owner Participation Agreement & Design Plans (Exhibit A) Attachment B - Mitigated Negative Declaration Attachment C - Planning Commission Minutes (1/9/02) Attachment D - Planning Commission Minutes (1123/02) J:\COMMDEV\STAFF,REP\ 12-18.01\Car Wash & Lube Center. DOC [01/09/2002 10:56 AM] ...3-7 AGENCY RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS 01-38 AND APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PERLA BARRAZAlSMART-MEX, INCORPORATED FOR THE DEVELOPMENT OF AN AUTOMATIC CAR WASH AND TWO BAY LUBE CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA WHEREAS, Perla Barraza/Smart-Mex, Incorporated has presented development plans for the construction of an automatic 1,240-sq. ft. car wash, B40-sq. ft. two-bay lube center, 435- sq. ft. customer service building, and required on-site parking, landscaping and driveways; and WHEREAS, the site consists of a 28-acre site located on 1616 Third Avenue/304 Montgomery Street in the Southwest Redevelopment Project Area under the jurisdiction and control of the Redevelopment Agency of the City of Chula Vista, which is shown in the Locator Map attached to the Owner Participation Agreement and incorporated herein by reference; and WHEREAS, the Resource Conservation Commission was scheduled to review the Mitigated Negative Declaration IS-01-38 for the proposed project. Due to ,the lack of committee quorum, a determination by the City's Environmental Review Coordinator deemed the Mitigated Negative Declaration for the project complete in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, due to changes to the proposed project, the Environmental Review Coordinator conducted an additional Initial Study, IS-01-38 and determined that the proposed changes to the project will not result in greater impacts than previously disclosed and all previously identified mitigation measures are adequate to mitigate impacts. Therefore, an Addendum to IS-01-38 has been prepared in accordance with CEQA; and WHEREAS, after a public hearing the Design Review Committee recommended that the Redevelopment Agency approve the proposed project subject to the conditions set forth in the Special Use Permit (SUPS-01-05) that was granted for this project; and WHEREAS, the proposed project was presented to the Planning Commission, however, no formal recommendation was forwarded to the Redevelopment Agency; and WHEREAS, the Redevelopment Agency of the City of Chula Vista has approved an Owner Participation Agreement, said agreement being on file in the Office of the Secretary to the Redevelopment Agency and known as document RACO-02-01, approving the construction of an automatic 1,240-sq. ft. car wash, 840-sq. ft. two-bay lube center, 435-sq. ft. customer service building, and required on-site parking, landscaping and driveways in the Southwest Redevelopment Project Area, as depicted in Exhibit A and subject to the conditions set forth in the Special Use Permit (SUPS-01-05) that was granted for this project; and NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: J -~ Resolution No. Page 2 1. The proposed project will not have a significant impact on the environment; accordingly Mitigated Negative Declaration 18-01-38 was prepared and is hereby adopted and the Agency hereby considers addendum IS-01-38 in accordance with CEQA. 2. The proposed project is consistent with the City of Chula Vista General Plan, and the Southwest Redevelopment Plan and Implementation Plan. 3. The proposed project will be beneficial for the City of Chula Vista, because it will redevelop an underutilized parcel to a higher and better use, assist in the elimination of physical and economic blighting conditions, create jobs, and provide a necessary service in a distressed area of the City of Chula Vista. 4. The Redevelopment Agency of the City of Chula Vista hereby approves an the Owner Participation Agreement with Perla Barraza/Smart-Mex, Incorporated to construct an automatic 1,240-sq. ft. car wash, 840-sq. ft. two-bay lube center, 435- sq. ft. customer service building, and required on-site parking, landscaping and driveways in the Southwest Redevelopment Project Area, in the form presented in accordance with plans attached thereto as Exhibit A and subject to the conditions set forth in the Special Use Permit (SUPS-01-05) that was granted for this project. 5. The Chairman of the Redevelopment Agency is hereby authorized to execute the subject Owner Participation Agreement between the Redevelopment Agency and Perla Barraza/8mart-Mex, Incorporated. 6. The Secretary of the Redevelopment Agency is authorized to record said Owner Participation Agreement in the Office of the County Recorder of San Diego, California Presented by: Approved as to form by: ~ ~a~ et~ Chris Salomone Community Development Director J:\COMMDEVlRESOS\CAR WASH OPA.DOC .3 -9 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING A SPECIAL USE PERMIT (SUPS-01-05) TO PERLA BARRAZAlSMART-MEX, INCORPORATED / LIGHTNING AUTO CENTER PARTNERS FOR THE DEVELOPMENT OF AN AUTOMATIC CAR WASH AND TWO-BAY LUBE CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA A. RECITALS 1. Project Site WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1616 Third Avenue/304 Montgomery Street ("Project Site"); and 2. Project Applicant WHEREAS, on January 31, 2001 duly verified application for Special Use Permit SUPS-01-05 was filed with the City of Chula Vista Planning Department and the Community Development Department by F. Leland Hope, Architect ("Applicant"); and 3. Project Description; Application for Special Use Permit WHEREAS, Applicant requests permission to construct an automatic 1,240-sq. ft. car wash and 840-sq. ft. two-bay lube center, and 435-sq. ft. customer service building, including required on-site parking, landscaping and driveways ("Project"); and 4. Planning Commission Record of Application WHEREAS, in absence of a Southwest Project Area Committee, and pursuant to the Redevelopment Agency Resolution No. 1536 (City Council Resolution No. 18624), the Planning Commission has been designated as the body to provide recommendations for development projects located in the Southwest Project Area presented to the City Council and/or Redevelopment Agency for consideration pursuant to the authority granted in the Zoning Ordinance and the Southwest Redevelopment Plan; and WHEREAS, the Planning Commission advertised a public hearing on the project for December 12, 2001 that was continued to a public hearing on January 9,2002, where it was continued again to a public hearing on January 23, 2002, and where the Planning Commission provided no formal recommendation to the Redevelopment Agency; and 5. Redevelopment Agency Record of Application ;;> - 10 '-' Resolution No. Page 2 WHEREAS, a duly called and noticed public hearing on the project was held before the Redeveiopment Agency of the City of Chula Vista on March 1 g, 2002; to hear public testimony with regard to the project. NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows; B. PLANNING COMMISSION RECORD The proceedings and all evidence on the project introduced before the Planning Commission at their public hearings on this project held on December 12, 2001, January 9, 2002 and January 23, 2002 and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The ERC has prepared Initial Study IS-01-38 and has concluded that the project requires a Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA). The Mitigated Negative Declaration was sent to the Resource Conservation Committee for review November 19, 2001 and was forwarded without a recommendation to the Design Review Committee for lack of a quorum, and the Design Review Committee recommended approval of the Mitigated Negative Declaration on December 3, 2001. Due to additional changes to the project, the Environmental Review Coordinator conducted an Initial Study, IS-01-3B and determined that the proposed changes to the project will not result in greater impacts than previously disclosed and all previously identified mitigation measures are adequate to mitigate impacts. Therefore, an Addendum to IS-01-3B was prepared in accordance with CEQA. D. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. The Agency hereby considers addendum IS-01-38. E. SPECIAL USE PERMIT FINDINGS The Redevelopment Agency of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of special use permits, as herein below set forth, and sets forth, hereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed use at this location will provide a service or facility that will contribute to the general well being of the neighborhood or community. The project redevelops an underutilized parcel designated for commercial use, and assists in the elimination of physical and economic blighting conditions as found in the Otay neighborhood and .,3-11 Resolution No. Page 3 within the Montgomery community and will provide necessary services that are consistent with the goals and objectives of the Montgomery Specific Plan and/or the Southwest Redeveiopment Area Redevelopment Plan and Implementation Plan. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed development will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The design of the lube center, customer area, and car wash will conform to the design manual guidelines for commercial developments. In addition, a complete 15-ft. wide landscape setback per the Montgomery Specific Plan can be provided along Third Avenue (arterial thoroughfares) and along Montgomery Street (residential collectors), uniess a Zone Variance is granted from the Montgomery Specific Plan by the Zoning Administrator for a reduction from a 15-ft. width to a 10-ft. wide landscape setback along Montgomery Street. Landscaping and a screening wall will also be provided along the rear property line adjacent to the existing apartment building to provide noise attenuation and to minimize visual impacts. The driveway access to the site will be limited to one exclusive entrance driveway along the Third Avenue street frontage for the car wash and lube center, and one exclusive exit driveway for the car wash and lube center. All car wash and lube center access and stacking will be conducted on-site. The employee parking spaces will be accessed from the existing dedicated alley, satisfactorily minimizing overall circulation conflicts onto public right-of-ways and dedicated alleys. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed development conforms to the zoning restrictions and development standards and is consistent with the regulations of the CCP zone and the Montgomery Specific Plan, and is in conformance with the Southwest Redevelopment Area Redevelopment Plan and Implementation Plan. The construction of a lube and car wash center has been analyzed within the environmental document and determined to be a less than significant environmental impact including the noise and traffic impact to the Third Avenue commercial corridor. The project shali comply with the landscape setback requirements of the Montgomery Specific Plan or Applicant may apply for an administrative variance for a reduction from a 15-ft. landscape setback to a 10-ft. landscape setback along Montgomery Street. 4. That the granting of this Special Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. ....3 - ( L Resolution No. Page 4 The proposed development is consistent with the General Plan land use designation of Central Commercial with a Precise Plan, and the goals and objectives of the Land Use Element regarding commercial development, which identifies automobile-oriented seryices in conjunction with other central commercial uses in the vicinity and the Southwest Redevelopment Plan. F. TERMS OF GRANT OF PERMIT The Redevelopment Agency hereby grants Special Use Permit SUPS-01-05 subject to the following conditions whereby the Applicant and/or property owner shall: 1. Prior to the issuance of any of the following permits required by the City of Chula Vista for the development of the subject property in reliance on this approval, the Applicant shall satisfy the following requirements: Planning and Building Department Conditions: a. Provide revised plans and elevations incorporating all conditions of approval. The revised plans and elevations shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permit. b. Provide planting and irrigation plans incorporating all conditions of approval. The planting and irrigation plans shall be revised in conformance with a revised conceptual landscape plan, subject to review and approval by the Landscape Planner prior to issuance of building permit. c. A water management plan shall be provided in conjunction with the conceptual landscape plan for review and approval by the Landscape Planner prior to issuance of building permit. d. A fencing plan shall be provided indicating all perimeter fencing to be provided. The fencing plan shall be incorporated with the planting and irrigation plans and submitted for review and approval by the Landscape Planner prior to the issuance of building permit. The fence on the west property line shall connect to the southwest corner of the wing wall. e. Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.020 of the Municipal Code. A lighting plan shall be provided prior to the issuance of building permit that includes details showing that the proposed lighting shall be shielded to remove any glare from adjacent properties, and shall be reviewed and approved to the satisfaction of the Planning and Building Director. f. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. g. All building permit plans shall be reviewed for conformance with this Special use Permit. Building Plans shall comply with 1998 Building, Mechanical, Plumbing, and ...:3 - (3 Resolution No. Page 5 National Electrical Code article 500. Building shall comply with handicapped accessibility requirements and 2001 Title 24 energy requirements. Show fire rated walls on plans. If the car wash wall is adjacent to the property line it must be a one- hour fire rated wall. No wall openings shall be permitted if less than 5-ft. unless fire protected. Fire protection is required if less than 10-ft. separation. Adjust the building occupancy type from "M" occupancy for the office to "S3" for the lube and car wash (areas with cars inside). Firewall separation is required between differing types of occupancy for construction. Provide ladder as a secondary exit from the lube pit area. h. A separate building permit shall be required for the wall sign permits. All proposed signage shall be submitted to the Planning Division for review prior to the application for the building permit for conformance with Design Review Committee considerations. The wall sign permit application shall include scaled plans ensuring that the channel letters for both the "Shell Rapid Lube" and "Lightning Auto Center" consist of similar font style and size, in addition to the proposed logos. i. Revised plan shall be submitted which complies with the landscaping requirement of the Montgomery Specific Plan. As an alternative, the Applicant may apply for a Zone Variance for a reduction in the landscape setback along Montgomery Street from a 15 ft. to a 10-ft. landscape setback. Environmental Section (Mitigation Monitoring) Conditions: j. The Applicant shall contract with an environmental consultant certified by the State of California to conduct testing for the presence of asbestos in buildings to be demolished prior to the issuance of building permit A report shall be submitted to the City of Chula Vista Planning and Building Department that identifies whether or not asbestos is present. If required, a remedial work plan for the removal and disposal of asbestos shall be submitted for review and approval by the City of Chula Vista Planning and Building Department and San Diego County Air Pollution Control District. k. Prior to demolition activities, the Applicant shall conduct a lead-based paint survey and shall submit the results to the Planning and Building Department. If the presence of lead-based paint is confirmed on any structure scheduled for demolition, an environmental consultant certified by the State of California shall remove it. The Applicant shall be responsible for obtaining all the required permits from all affected state and local and regulatory agencies including, but not limited to, the Air Pollution Control District, and shall provide proof to the Planning and Building Department of having obtained said permits prior to the issuance of any building permit. I. The Applicant shall obtain an Industrial User Discharge Permit from the County of San Diego Industrial Wastewater Control Program and comply with all conditions contained in any permit issued prior to the issuance of a building permit. m. The Applicant shall be responsible for obtaining all required permits related to hazardous materials from state and local regulatory agencies, including the San Diego County Department of Environmental Health, and shall provide proof of having obtained such permits to the Planning and Building Department prior to issuance of a building permit. 3-('-/ Resolution No. Page 6 Resource Recycling and Conservation Coordinator Conditions: n. Applicant shall comply with all mitigation measures contained within Mitigated Negative Declaration IS-D1-38. o. Applicant shall have the proposed trash enclosure, including proposed bins or carts approved to the design specifications of the Recycling and Conseryation Coordinator prior to the issuance of building permit. The locations and orientation of storage bins and dumpsters shall also be pre-approved by the City franchise trash hauling company. Trash enclosure shall provide sufficient space for designated recyclables as determined by the Recycling and Conservation Coordinator. The Recycling and Conservation Coordinator may permit a shared paper/cardboard bin, along with food and beverage container cart with other storage. A commercial trash enclosure large enough for solid waste, mixed paper, and a cart for food and beverage containers must be provided to meet the minimum 50 percent recycling requirement. Contact the City Conservation Coordinator at (619) 691-5122 prior to the issuance of building permit. Fire Department Conditions: p. Obtain all necessary permits from the Fire Department. Applicant shall obtain a permit for storage and use of hazardous materials. Provide a fire extinguisher per 3,000-sq. ft. or every 75-ft. of travel distance, with a minimum rating of 2A-10BC, or the building must include a fire sprinkler system. A fire alarm is needed and must be approved by the Fire Marshall prior to installation. Fire hydrants must be available within 300-ft., or a fire hydrant will be required at the time of construction. A one-way check valve between the post indicator valve and the Fire Department connection is required at the time of construction. Public Works Department Conditions: q. All requirements of the Public Works Department shall be met prior to issuance of the building permit. Applicant shall guarantee, by mechanisms to be determined by the City Engineer, and install all missing street improvements along Third Avenue, Montgomery Street, and the dedicated alley, including the two driveway approaches per Chula Vista Construction Standard No.1, and installation of new curb, gutter and sidewalk at 32-ft. from centerline and installation of curb return with handicap ramp on Third Avenue to match existing sidewalk improvements on Montgomery Street. Right-of-way dedication along Third Avenue will be required 42-ft. from centerline. Handicap ramps are required at curb openings if alley type driveway openings are proposed. Installation of 100-watt street light standard on Montgomery Street, including conduits traffic signal pull box, and relocation of existing street light standard on Third Avenue. Applicant shall submit a striping plan, which shall match existing striping for street improvements prior to the issuance of building permit. r. The City Engineer shall approve all directional signage and striping at the time of construction. Due to traffic conflicts that may be imposed by left turn movements from northbound Third Avenue, a 4-ft. wide raised median shall be installed to eliminate left turns beyond the intersection of Montgomery Street into the facility, and -3-/') Resolution No. Page 7 shall be accomplished to the satisfaction of the City Engineerprior to the issuance of building permit. s. Applicant shall pay all required fees, including, but not limited to fees for sewer capacity and connections, development impact for public facilities, and traffic signal fees as defined in the development checklist as part of the building permit application. t. Applicant shall provide a sewage generation study/analysis showing the flow to be generated by the project and determining the adequacy of existing infrastructure, or the need to upgrade the existing infrastructure to accommodate the proposed development prior to issuance of building permit. u. The Applicant shall submit plans for car wash water recycling at the time of the submittal for grading and improvement plans. Storm drain inlets shall be protected at all times during the demolition of existing buildings, and construction of the new buildings and improvements v. The grading and improvement plans shall include temporary and permanent erosion control and pollution prevention components, as well as all drainage facilities. A geo- technical/soils study shall be submitted and approved by the City Engineer prior to issuance of grading permit and prior to approval of improvement plans. w. Applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) permit for a high priority commercial facility, in conformance with the NPDES Municipal Permit Order No. 2001-01, and comply with the relevant requirements and conditions of the permit, including implementation of minimum Best Management Practices for pollution prevention, and site inspections as needed. Contact the San Diego Regional Water Quality Control Board at (858) 467-2971 to insure compliance with the relevant laws and regulations. Police Department Conditions: x. The security lighting fixtures shall be low wattage bulbs. The lighting for the signage and interior nightlights shall be independently wired so that they can be independently used. This will aid in complying with the Governor's Executive Order D-19-01. y. The final site plan shall show a wrought-iron fence along the west property line between the apartment building and the car wash to provide better security in conformance with crime prevention unit specifications. z. The Applicant shall obtain a security survey from the Crime Prevention Unit of the Police Department prior to issuance of the building permit. The Appiicant shall comply with all reasonable requirements of the Crime Prevention Unit related to access control, surveillance detection, and police response. In addition, training of management and employees in security procedures and crime prevention shall coincide with the commencement of operations. The Crime Prevention Unit should be contacted at (619) 691-5127 for more information. Other Agency Conditions: -3 -/G Resolution No. Page 8 aa. Due to the proximity of the project to the Sweetwater Authority's("Authority") existing and proposed demineralization facilities, the Authority is concerned about the use or storage of potentially hazardous chemicals that may be harmful to groundwater. The Applicant shall provide the Authority with the necessary information about the use or storage of potentially hazardous chemicals, and modify the site plan as required by the Authority prior to the issuance of a building permit. bb. The Authority will determine if there is a need for new or substantial alteration to the existing water systems available on site, as well as the availability of water for operational and fire protection purposes. The Applicant shall contact the Chula Vista Fire Department about the fire flow requirements for the proposed proje;t site and then submit a letter to the Authority stating the Fire Department requirements. cc. The Applicant shall pay all applicable school fees for the Sweetwater Union High School District and the Chula Vista Elementary School District prior to issuance of the building permit. 2. Prior to use or occupancy of the property in reliance on this approval, the following requirements shall be met: a. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and coiors, landscaping, sign program and grading on file in the Planning Division, the conditions contained herein, Title 19 of the Chula Vista Municipal Code, and the Montgomery Specific Plan. b. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Director of Planning and Building. c. All landscape and hardscape improvements shall be installed in accordance with the approved landscape plan and the comments of the City Landscape Planner. d. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. e. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. f. A fire flow of 3,000 gallons per minute for duration of three (3) hours must be provided. The back flow preventor shall be screened from view, and the Fire Department connection shall not be located with the back flow preventor. g. Best Management Practices (BMP's) according to the Engineering Department, shall be implemented during and after construction to prevent erosion and sedimentation in ..3-/1 Resolution No. Page 9 the downstream storm drain system. Applicant shall control short-term erosion to by installing a temporary de-silting and erosion control devices. These devices include de-silting basins, berms, hay bales, silt fences, dikes, and shoring. h. All unpaved construction areas shall be sprinkled with water or other acceptable 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. i. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. j. A 20-mile-per-hour speed limit on unpaved surfaces in connection with the project shall be enforced. k. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce re-suspension of particulate mater caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. I. On-site stockpiles of excavated material shall be covered or watered. m. Disturbed areas shall be hydro seeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. n. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. Catalytic reduction for gasoline-powered equipment shall be used. Also, construction equipment shall be equipped with pre-chamber diesel engines (or equivalent) together with proper maintenance. o. The northern driveway shall be a minimum 30-ft. width to allow for two-way traffic access. The south driveway shall be constructed as an alley-type driveway and striped for ingress only. p. The Applicant shall install red curbing along the Third Avenue frontage to prevent on- street parking. q. The Special Use Permit approval shall expire if building permits are not issued or the approved use has not commenced within one year from the date of this approval, unless a written request for an extension is received prior to the expiration date. 3. The following on-going conditions shall apply to the subject property as long as it relies upon this approval. a. Approval of this request shall not waive compliance with any sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. ..3-/~ Resolution No. Page 10 b. Buildings and Landscaping shall be maintained according to the approved plans unless modifications are approved by the City of Chula Vista. c. Fire lanes shall have an unobstructed width of not less than 20-ft. width and 13-1/2-ft. vertical clearance. d. The Applicant shall obtain a permit from the City of Chula Vista Fire Department for any repair work done on-site or for the storage of hazardous materials exceeding those listed in the California Fire Code 1998 (CFC 98). Petroleum spills shall be immediately reported to the Fire Department, and spilled petroleum removed from the site as directed by the Fire Department. e. This Special Use Permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. f. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. g. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this special use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's construction. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this special use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. h. Applicant shall be responsible for any and all relocation expenses related to the project. Applicant indemnifies, holds harmless, protects, and defends City from any and all relocation claims arising from or related to any action taken by the Agency, including the consideration, and/or approval of this Special Use Permit or related documents. i. Obtain an annual inspection of the lube center from the Fire Department. j. The Design Review Notice of Decision is subject to any and all additional conditions as required in the Special Use Permit to be approved by the Planning Commission and Redevelopment Agency. -3 -/7 Resolution No. Page 11 k. The Car Wash facility shall comply with Section 19.58.060 of the Zoning Code, meaning that all car wash equipment will be sufficiently soundproofed, the hours of operation shall be limited to 8:00 AM to 6:00 PM (summer) and 8:00 AM to 5:00 PM (winter), stacking will be limited to six (6) vehicles in front of the vacuum manifold for the car wash, and two (2) vehicles in front of the lube center, and site drainage will conform to required mitigation for sewer and storm water systems. I. The Automobile Service facility shall comply with Section 19.58.280 of the Zoning Code, meaning that all automotive services will take place within the lube center building, and that automotive services to vehicles outside the automated car wash will be limited to the interior vehicle vacuum manifold area entering the car wash and the drying area located at the car wash exit adjacent to the alley. In addition, no outside sales, display, or accessory outdoor uses, or other items offered for sale on the site shall be allowed. No provisions are provided for canopies or other services, such as auto detailing, to be provided outside the enclosed buildings. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Agency's secretary. Failure to return said document to the Agency's secretary shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the Agency's office and known as document No. _. 31'iJo~ Date ' -- j. (,..- 02 Date 3- (tr 02.. Date H. ENVIRONMENTAL NOTICE The Redevelopment Agency directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. I. INVALIDITY; AUTOMATIC REVOCATION J-:Lo Resolution No. Page 12 It is the intention of the Redevelopment Agency that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: &~ Chns Salomone Community Development Director gency Counsel PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 19th day of March, 2002 by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Shirley Horton Chairman ATTEST: a~~ Chris Salomone Executive Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. _ and that the same has not been amended or repealed. Dated: March 19, 2002 Chris Salomone Executive Secretary 3-~1 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 APN: 623.132-10 (Space Above This Line For Recorder) OWNER PARTICIPATION AGREEMENT Perla Barraza/Smart.Mex, Incorporated 1616 Third Avenue/304 Montgomery 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 Perla BarrazalSmart-Mex, Incorporated, (hereinafter referred to as "DEVELOPER") effective as of March 19, 2002. WHEREAS, the DEVELOPER desires to develop real property within the SOUTHWEST REDEVELOPMENT PROJECT AREA ("Project Area") which is subject to the jurisdiction and control of the AGENCY; and, WHEREAS, the DEVELOPER has presented plans for development to the Design Review Committee and the Planning Commission for the construction of an automatic 1 ,240-sq. ft. car wash, 840-sq. ft. two-bay lube center, 435-sq. ft, customer service building, and required on-site parking, landscaping and driveways (the "Project"); and, WHEREAS, said plans for development have been recommended for approval by the Design Review Committee; and, WHEREAS, said plans for development were presented to the Planning Commission, however, no formal recommendation was forwarded to the AGENCY; and, WHEREAS, the AGENCY has considered the recommendation of the Design Review Committee and has approved the Project and design plans subject to certain terms and conditions; and, WHEREAS, the AGENCY desires that said Project be implemented and completed as soon as it is practicable in accordance with the terms of this Agreement. NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows: 1. The property to be developed is described asAssesso~s Parcei Number623-132-10 located at 1616 Third Avenue/304 Montgomery Street, Chula Vista, CA., shown on locator map attached hereto and by this reference incorporated herein ("Property"). 2. The DEVELOPER covenants and agrees by and for himself, his heirs, executors, administrators and assigns and all persons claiming under or through them the following: A. DEVELOPER shall develop the Property with the Project in accordance with the AGENCY approved development proposal attached hereto as Exhibit "A". B. DEVELOPER shall obtain all necessary federal/state and local governmental permits and approvals and abide by all applicabie federal, state and local laws, regulations, policies and ..3 -:J.. ;;t, approvals in connection with the development of the Project. DEVELOPER further agrees that this Agreement is contingent upon DEVELOPER securing said permits and approvals. DEVELOPER shall pay all applicable development impact and processing fees. C, DEVELOPER shall obtain buiiding permits within one year from the date of this Agreement and to actually develop the Property with the Project within one year from the date of issuance of the building permits. In the event DEVELOPER fails to meet these deadlines, the Agency's approval of DEVELOPER's development proposals shall be void and this Agreement shall have no further force or effect. D. In all deeds granting or conveying an interest in the Property, the following language shall appear: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee himself or any persons claiming under or through him establish or permit any such practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenant lessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. " E. In all leases demising an interest in all or any part of the Property, the following language shall appear: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of, any person or group of persons, on account of race, color, creed, national origin, or ancestry, in the leasing, subleasing, transferring use, occupancy, tenure, or enjoyment of the premises herein leased, nor shall the lessee himself or any persons claiming under or through him, establish or permit any such practices of discrimination or segregation with reference to the selection, location, number or use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. " 3. The Property shall be developed subject to the conditions imposed by the Design Review Committee, Planning Commission, and the AGENCY as set forth in the Special Use Permit (SUPS-01-05) that was granted for this project. DEVELOPER acknowledges the validity of and agrees to accept such conditions. 4. DEVELOPER shall be responsible for any and all relocation expenses related to this project. DEVELOPER indemnifies, holds harmless, protects, and defends City from any and all relocation claims arising from or related to any action taken by the AGENCY, including the consideration, andlor approval of this Owner Participation Agreement. 5. DEVELOPER shall maintain the premises in FIRST CLASS CONDITION. ..3 -..2 3 A. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughout the term of this Agreement, DEVELOPER shall, at DEVELOPER's sole cost and expense, maintain the Property which includes all improvements thereon in first class condition and repair, and in accordance with all applicable iaws, permits, licenses and other governmentai 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 having or claiming jurisdiction and all their respective departments, bureaus, and officials, If the DEVELOPER fails to maintain the Property in a "first class condition", the Redevelopment Agency of the City of Chula Vista or its agents shall have the right to go on the Property and perform the necessary maintenance and the cost of said maintenance shall become a lien against the Property. The Agency shali 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, alteration, addition, removal, maintenance, replacement and other act of compliance under this Paragraph (hereafter collectively referred to as "Restoration") shall be completed by DEVELOPER whether or not funds are available from insurance proceeds or subtenant contributions. C. In order to enforce all above maintenance provisions, the parties agree that the Community Development Director is empowered to make reasonable 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 ieast substantially equal in quality to the condition which exists when the Project has been completed in accordance with all applicable laws and conditions. 6. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein shall run with the land. DEVELOPER shall have the right, without prior approvai of AGENCY, to assign its rights and delegate its duties under this Agreement. 7. 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 reai property within the boundaries of the PROJECT AREA. 8. 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. 9. 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 (collectively, "liabilities") incurred by the AGENCY arising, directiy or indirectly, from (a) AGENCY's approvai of this Agreement, (b) AGENCY's or City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in ...3-.24 connection with the Project contemplated herein, and (c) DEVELOPER's construction and operation of the Project permitted hereby. 10. In the event of any dispute between the parties with respect to the obligations under this AGREEMENT that results in litigation, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the non-prevailing party. 11, Time is of the essence for each and every obligation hereunder. 12, 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 -.2 ~ Signature Page To Owner Participation Agreement with Perla Barraza/Smart-Mex, Incorporated IN WITNESS WHEREOF THE PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE AS OF THE DATE FIRST WRITTEN ABOVE. "AGENCY" REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DATED: 3 / Lf Jo .Q. , I By: Shirley Horton, Chairman "DEVELOPER" Perla Barraza/Smart.Mex, Incorporated DATED: 3i 4/ Oel f ( By: ~/L &\.- / f? etA-/) ({ J-.-I!,-- Perla Barraza, ~p'erty Owntlr NOTARY: Please attach acknowledgment card, APPROVED AS TO FORM BY: John M. Kaheny, Agency Attomey ATTEST: Chris Salomone, Community Development Director ..3 -.2& CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 'I State of CALIFORNIA County of SAN DIEGO On MARCH 05, 2002 Date betore me,JOSE-REFUGIO A. VENEGAS, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") ) personally appeared PERLA YADlRA BARRAZA Narne{s) 01 Signer(s) Il<I personally known to me Il<I proved to me on the basis of satisfactory evidence J~~=~l~~f J~ ~~-~~ 2 _ _ _ ~~'~~ZD4t to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand anp-e~ial seal. 'I OPT/ONA 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 reattachment of this form to another document. Description of Attached Document Title or Type of Document: OWNER PARTICIPATION AGREEMENT I ,) Document Date: MARCH 04, 2002 Number ot Pages: 11 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ~ Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator D Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator D Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: lC 1996 National Notary Association' 8236 Remmel Ave., P.O. Box 7184. Canoga Park:, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ...3 -.2 7 Insert Exhibit A Reduced Copies of Design Plans Here d-2~ ~ ~-~, 11_~\~fl~~ ~ UIillIIIIIJ = ~ t1 t1 - ::::1; f-- f-- - _ -- __ I--- ~ m m MOBILE HOME - ::: -- I--- f--- PARK - I-- -- r-- I-- - t:-- t:- t::- :: v-- - = v V I-- _ v-- - DJJTI _ V I-- I-- c- v-- - ~ f-- -- - v v ---- - )--[::::--V- / I I I ,"" V l::: :::: :::: ANITA STREET CATHOLIC CHURCH ] "11 0 MONTGOMERY ] c ;>J ELEMENTARY "" SCHOOL I ~ ] Z c m TREMONT STREET -i I ;ij RETAIL 0 ~ m z AUTO ~ BODY ::2 I-- m en Z o ~ -l , ZENITH STREET \ '1\ '\ :=~~ 1/ MAIN STREET '---- DO 00 DO 00 BB 00 DO 00 DO 88 B~ bt: OV- OV- 01--- 01--- 01--- 01--- 0.-- D_ O_ o o r->-- 1----- I--- c.-- 1----- - V-- 1----- -- _.-- f--__ '-- -- I--- v 1---).--- 1---1--- 1---1--- \ \ TREMONT STREET I- L-. -- -- -- -- .--- .--y .--y .--y .--V [i= I \ or :UJJI :rnr " , C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT HOPE'S'LUBEI CAR WASH C) APPLlCAN'P. 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I ! ~ ? ~ ~J,~~JR~I~VEG C~~/~~TA~tA.NTER 43- r~ al~g 'V .3 -33 I I ""'- I - :~I I !! I . I .r ~ I q I I i I II I, i! r--\ I .'1 ' ~ I " ..- , ~ ! ' ~i I .. "i , ~i I ~ , , Ii Ji i iWfi r ~ 'I !I tlilli ~ [. Ii 'IJ' ~ n If W~ f ;;: u I, "l'~ (') Ii jl {<In! ~ i; i ll't ~ l r fi(Jl~ <:1 .: H jI l~i!ti ~ ! ,'flil ;c Ii !i fllIil rs Il f tift!. I, f I flf ~I . f~!r f I. 11 II l:!f:i 'I if J H!li ~ H'I 1 H~ll If I rfilf n i Ih!: ~ i~ll~ h I II', 1'1 I I~,~ ~ I'll . Mitigated Negative Declaration PROJECT NAME: LIGHTNING AUTO CENTER PROJECT LOCATION; 1616 Third Ave (Third Ave. & Montgomery St.) ASSESSOR'S PARCEL NO.: 626-132-10 PROJECT APPLICANT: F. Leland Hope CASE NO.: IS-0 1-03 8 DATE: November 13, 2001 A. Proj ect Setting The O.28:t-acre (12,320 sq.ft.) site is located on the northwest corner of the Third Avenue and Montgomery Street intersection (see Exhibit A - Locator Map). The surrounding area is fully developed with the following land uses: ' North - commercial (auto body and paint shop); East - commercial (restaurant across Third Avenue); South - single-family residences (across Montgomery Street); and West -multi-family residences. The site is currently developed with a single-family residence. A chain-link fence surrounds the perimeter of the property. The site is flat and contains non-native plant material. No listed plant or animal species is known to occupy the site or surrounding area. B. Project Description The project proposes to remove the residence and construct an auto center that provides automated carwash (1,240 sq.ft.) and fast lube service (721 sq.ft.) (see Exhibit B - Site Plan). Water used in the carwash will be filtered, recycled and released into the City sewer system. A 469 square foot customer area would be located between the lube center and carwash. Stacking for six cars entering the catwash, atld stacking for two cars entering the lube center, is shown on the site plan. The property frontage on Third Avenue would be improved to City Standards with curbs, gutters, and sidewalks, which currently do not exist. Curb, gutter, and sidewalk currently exist on the Montgomery Street frontage. The maximum height of the building would be 18 feet. The lubrication services would be limited to basic oil changes and related service. Business hours are proposed to be from 8:00 a.m. to 6:00 p.m. in the summer months and 8:00 a.m. to 5:00 p.m. in the winter montllS. The proponent estimates that approximately 75-100 cars would be washed per day, and approximately 20-25 cars per day would be processed through the lube center. Three employees would staff the car wash and two employees would staff the lube center. Other employees include a manager and cashier. I -' ~-3-tf. 11/13/01 Automobiles would enter the car wash and lube area from Third Avenue near the intersection with Montgomery Street (south end of the site). Autos from the car wash would exit to an existing concrete paved alley at the northern property line. Autos from the lube area would exit onto Third Avenue near the northern end of the site. Employee and patron parking is provided adjacent to the northern property line. The parking area would be accessed from the northern site entrance on Third A venue. C. Compliance with Zoning and Plans The proposed auto center is consistent with the CCP (Central Commercial - Precise Plan) zoning designation, CMO (Commercial - Retail) General Plan designation, and the city's environmental plans and policies. The project is also consistent with the Montgomery Specific Plan, which designates the site as Mercantile & Office Commercial. The site is located in the Southwest Redevelopment Area and is consistent with the Redevelopment Area Plan. D. Public Comments On February 22, 2001 a Notice of Initial Study was circulated to property owners within a 500-foot radius of the proposed project site. The public review period ended March 5, 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 although the proposed project could have a significant environmental effect, there will not be a significant effect in this case because mitigation measures described in Section F below have been added to the project. 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. 1. Geophysical and Water The proposed project includes digging 8 feet in depth with the excavation of 964 cubic yards of soil in preparation for the building basement construction. As a standard condition by the Engineering Department, the applicant will be required to submit preliminary grading/improvement plans. Although any 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. A National Pollution Discharge Elimination System (NPDES) construction permit is not required because the site contains less than five acres. However, the implementation of Best Management Practices (BMPs) that are included as a mitigation measure during and after construction would reduce erosion and sedimentation in the downstream storm drain system to a less than significant level. Short-term erosion would be reduced to a less than significant level by the installation of temporary desilting and erosion control devices as specified on the Site Plan. These devices include desilting basins, berms, hay bales, silt fences, dikes, and 2 ~ 3 - 3~ 11/13/01 shoring. Protective devices will be provided at every stonn drain inlet to prevent sediment from entering the stornl drain system. Groundwater could be contaminated if automotive fluid spills occur on-site, or if contaminated water from the automobile washing equipment is spilled. These potential ir1.lpaGts are addressed below (see Hazards). The applicant will be required to submit an application for an Industrial User Discharge Permit to the County of San Diego Industrial Wastewater Control Program, who will determine if an Industrial User Discharge Permit is required for the proposed auto center. 2. Paleontological Resources The proposed project includes digging 8 feet in depth and the excavation of 964 cubic yards. The site is noted as a moderately sensitive paleontological resource area given the history of what has been found according to the Museum of Man, Paleontological Curator, and the City of Chula Vista General Plan, however, based upon the relative shallow depth of digging and the small area that is to be excavated there is no known significant paleontological resource impact created by the proposed project. 3. Air Qualitv The proposed project would generate sufficient emISSIOns and dust during construction- related activities to result in a short-ternl significant, but mitigable, impacts to air quality. Although air quality impacts resulting from construction related emissions are potentially significant, they are considered short-term in duration since construction is a relatively short- ternl, one-time activity. Dust control during grading operations would be regulated in accordance with City of Chula Vista grading standards and the rules and regulations of the San Diego Air Pollution Control District (APeD). 3. Hazards Groundwater contamination could occur if petroleum products or water from the equipment washing facility is spilled. Demolition of the existing buildings could result in the release of airborne asbestos fibers or lead paint residue if the structures contain asbestos materials or lead paint. Release of airborne asbestos fibers or lead paint residue would result in a significant health hazard. 4. Traffic/Circulation Traffic circulation impacts could occur as a result of the proposed project, auto lube center and car wash, at the comer of Third A venue and Montgomery Street. Vehicle conflict could occur with vehicles entering and exiting the project site, as well as intemal circulation of the . vehicles using the car wash and auto lube facilities. F. Mitigation Necessary to Avoid Significant Impacts Project-specific mitigation measures are required to reduce potential environmental impacts identified in the Initial Study to a less than significant level. The mitigation measures will be 3 3-3C, 11/13/01 made a condition of approval, as well as requirements of the attached Mitigation Monitoring Reporting Program (Attachment "A"). Geophysical & Water Erosion and Sedimentation 1. Best Management Practices (BMPs) according to the Engineering Department, shall be implemented during and after construction to prevent erosion and sedimentation in the downstream storm drain system. Short-term erosion would be reduced to a less than significant level by the installation of temporary desilting and erosion control devices. These devices include desilting basins, berms, hay bales, silt fences, dikes, and shoring. Air Quality Construction Related Emissions 2. All unpaved construction areas shall be sprinkled with water or other acceptable 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. 3. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. 4. A 20-mile-per-hour speed limit on unpaved surfaces in connection with the project shall be enforced. 5. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce re-suspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 6. On-site stockpiles of excavated material shall be covered or watered. 7. Disturbed areas shaIl be hydroseeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. 8. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shail be utilized during grading and construction activities. Catalytic reduction for gasoline-powered equipment shaIl be used. Also, construction equipment shall be equipped with prechamber diesel engines (or equivalent) together with proper maintenance 4 3-37 J1/13/0 I Hazards Asbestos 9. The applicant shall contract with an environmental consultant certified by the State of California to conduct testing for the presence of asbestos in buildings to be demolished. A report shall be submitted to the City of Chula Vista Planning and Building Department that identifies whether or not asbestos is present. If required, a remedial work plan for the removal and disposal of asbestos shall be submitted for review and approval by the City of Chula Vista Plamling and Building Department and San Diego County Air Pollution Control District. 10. Prior to demolition activities, a lead-based paint survey is required. If confirmed lead- based paint is scheduled for demolition an environmental consultant certified by the State of California shall remove it. The applicant shall be responsible for obtaining all the required permits from all affected state and local and regulatory agencies including the Air Pollution Control District and shall provide proof of having obtained approval to precede with this process of the Planning and Building Department prior to obtaining a building permit. Petroleum or Contaminated Water Spills 11. The applicant shall submit an application for an Industrial User Discharge Permit to the County of San Diego Industrial Wastewater Control Program and comply with all conditions contained in any pernlit issued. 12. The applicant shall be responsible for obtaining all required permits related to hazardous materials from state and local regulatory agencies, including the San Diego County Department of Environmental Health, and shall provide proof of having obtained such permits to the Planning and Building Department prior to issuance of a building permit. 13. The applicant shall obtain a permit from the City of Chula Vista Fire Department for any maintenance work done on-site or for the storage of hazardous materials exceeding those listed in the California Fire Code 1998 (CFC 98). Petroleum spills shall be immediately reported to the Fire Department, and spilled petroleum removed from the site as directed by the Fire Department. Traffic/Circulation 14. Installation of a four-foot wide raised median on Third Avenue, between Montgomery Street, and the south driveway to prevent left turns into the project's south driveway. 15. The northern driveway shall be a minimum of 30-feet in width to allow for two-way traffic access. The south driveway shall be constructed as an alley-type driveway and striped for ingress only. 5 3-3<6 11/13/01 16. Installation of red curbing along Third Avenue frontage to prevent on-street parking. I agree to implement the mitigation Mitigated N '. Declaration. measures required as stated in this Section (F) of this Name, Tit e II ;;4/D/ Date t " G. Consultation 1. City of Chula Vista: Maria Muett, Planning Division Jim Greering, Fire Marshall Samir Nuhaily, Engineering Department John Schmitz, Planning Division Steve Power, Planning Division Frank Rivera, Engineering Division Ralph Leyva, Engineering Division Applicant F. Leland Hope 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, ChuJa Vista Municipal Code, September 1997 3. Initial Study This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this negative declaration. The report reflects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. 0~'~ &/I/~ gg' Marilyn . F. Ponseggi Environmental Review Coordinator Date: 1I;I"t/6)/ I t 6 ...3 -.3 9 11/13/01 .I:\Planning\MARIA \Initial Study\JSO 138mnd.doc 7 3-40 11/13/01 l j j j~ J: ] ~ o LI o I ] ] -\ (, '----- .-------------_______ ORANGE AVENUE ----- ~----- ------ -- ,~~-- ~---------~ . ---- 100 ~ rT11T8 o:roLi~L~ Ino [l' I mC--i :-- - u ' ~r-: 100 ~ ' - 'n 0 ' L-- I~ I r-- 10 0 ' l-- '28 8 ~ DO - DO ~ Ro ~ rnTIl1l lurrCUJJjI II U TREMONT STREET m III HJ I mIIIJJ III I LIIIIIJ I II !~ru I I MONTGOMERY STREET t5 ;IIJlIIII nlllll IIIIU~I illlll-lllli~[illI~11 I II: II ~h III IllJ~1 IITm~[u I ill r ZENITH STREET I I I I :; I I /I ~I IlliJ III/I JffillJ III I t II II CDJI III IEUITIII MAIN STREET I nu~ \J W 0 DJlJJ] / /", 1/' Ii: ! , ' . I t:HH:H I I I I ': i I I i I~'m' ;~, j'; !' I' W ::J Z W ~ o z Cfl w a:: LL. II CHULA VISTA PLANNING AND BUILDING DEPARTMENT PROJECT DESCRIPTION: PROJECT F LELAND HOPE APPLICANT: . INITIAL STUDY PROJECT 1616 THIRD AVENUE ADDRESS: Request: Proposed construction of a neighbomood auto service center to include: a car wash and auto lube center. LOCATOR FILE NUMBER: IS - 01-038 ...3 - '-I I No Scale C ;\:l1)'files\lo:2Iors'\!SD1 038.cdr 02'07/01 EXHIBrr A ._, H, I l I ; -. , '~ ! " I -.! -, , __..1 ~ ""' l!3Sc.d.:l1id .O-,<:t ~ < c . . t'0 z D:: w :S w ~~ f- a... z: w Q) lJ z L w f- a f- ::s (f) :::> <X: (J) -.J ~ ~ .- ::> z: ~ - U- fo- Z illW.S,l.OlOCUIiOI1 a... f- o J ::c . " ~ 0 8_ ~~'~I w ~ . . _ ~ 5, a :J ~ ," r" u ~g~ '"'i"';' z ~" ~ o~;~~ ~~ ';> ~__... l:l g'" 0 0 ,0 ~. ~ O~5 ~~~~ E OK ;;" E3~t>I ~ E",,,, ...,~... a \ ~ 0 0 N ...: a. ., (f) ~ " " 'c 0 ~ " '" ~ -5 <:r ~ <C c '" '" 3: '" '" Cl " " ..;. E <Xl 0 ~ W I '-' 3 De ~ "- 0 (I) '" z ~ ~~Eg! " ~< e~e~ ~~Q", S;;:..,lf", .......", 3~ ~r: z~ <" I /i~ ~ t /I ~~ I ~ - ~ s~ . j ~~~ 1 ~~ I liLt --~ ~S I ~~~ 1I7. ~ ~b... ",-IS: I 5lt~ ~ c , -. ~ ~ ~ ~ ~ ~ r--, 8M r--, j\ 11~j\ /1 1\ '100; J\ 'I 1\/] <fI'1 \1 J I l!l' I 1/\ J ~II\ I ], \I~ll \1 t_~ ~t_~ c , " '& ~ I I / e I I / e ~-- I') I ;!i I~ ---) . - 0< ,. -.. "g ... . 515 ~ --_...------) e~ ~ ~~\ ~ J'~ ~ I ~;:i .,,; i:j&.' ~. ~ leail' I_~ i;;;~ .0-,6 ~ I ~';i~ 1".. ' ~ ""~ ~"'''''''~~, - .... .., .~ ... "" ,""",;,::T .00'\1- - -- 6 .0-, .0- &~ ,.J ffi~ t;>-~~s ~ "'::I ~oe<;.. ~li!.. ~g~~ l!'~ ~g ~;; ~ ~~: ~~ ~~ ~~ ~.q~tl~~ ~g ......<-C:!:J<c><-""""" c , ~ ~ .< ~~ o""'lr! eBlS ''1' ~=o ".. ":z.:: ~~ ,L-Zl .O-.~l .....-n':JIiO;:!ONL:SDG u 3-L/2.- 4 ~ ~ ~ f- c.. f- V'l o U~Z V'l3:::i:j z<(~ ::i...lO ATTACHMENT "A" MITIGATION MONITORING REPORTING PROGRAM (MMRP) LiR;htninR; Auto Center, 18-01-038 This Mitigation Monitoring Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Lightning Auto Center project (lS-01-038). 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 for Mitigated Negative Declarations, such as IS-OI-038. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1. Geophysical & Water 2. Air Quality 3. Hazards. 4. Traffic/Circulation 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. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring Reporting Program are met to the satisfaction of the Environmental Review Coordinator. Evidence in written form confirming compliance with the mitigation measures specified in MND/IS-OI-038 shall be provided by the applicant 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 Checklist, lists the mitigation measures listed in Section F, 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. 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Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: P.O. Box 6029 San Diego, CA 92166 (619) 220-7115 4. Name of Proposal: Lightning Auto Center 1616 Third Ave (Third Ave. & Montgomery St.) Chula Vista, CA 91911 5. Assessor Parcel No. 626-132-10 6. Date of Checklist: November 13,2001 Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact I. LAND USE A.."ID PLANNL"IG. Would the proposal: a) Conflict with general plan designation or zoning? o o o " b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? o o o I8l c) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? o o o I8l d) Disrupt or divide the physical arrangement of an established community (including a low-income or minorily community)? o o o I8l Comments: The 0.28:!:-acre (12,320 sq.ft.) site, located on the northwest corner of the Third Avenue and Montgomery Street intersection, is currently developed with a single-family residence. A chain- link fence surrounds the perimeter of the property. The project proposes to remove the residence and construct an auto center that provides automated carwash (1,240 sq.ft.) and fast lube service (721 sq.ft.). J-4Y Stacking for six cars entering the carwash, and stacking for two cars entering the lube center, is shown on the site plan. The property frontage on Third Avenue would be improved to City Standards with curbs, gutters, and sidewalks. Curb, gutter, and sidewalk currently exist on the Montgomery Street frontage. The maximum height of the building would be 18 feet. Water used in the carwash will be filtered and recycled through the car wash system. A 469 sq.ft. customer area would be located between the lube center and carwash. The lubrication services would be limited to basic oil changes and related service. Business hours are proposed to be from 8:00 a.m. to 6:00 p.m. in the summer months and 8:00 a.m. to 5:00 p.m. in the winter months. The proponent estimates that approximately 75-100 cars would be washed per day, and approximately 20-25 cars per day would be processed through the lube center. Three employees would staff the car wash and two employees would staff the lube center. Other employees include a manager and cashier. Automobiles would enter the car wash and lube area from Third A venue near the intersection with Montgomery Street (south end of the site). Autos from the car wash would exit to an existing concrete paved alley at the northern property line. Autos from the lube area would exit onto Third Avenue near the northern end of the site. Employee and patron parking is provided adjacent to the northern property line. The parking area would be accessed from the northern site entrance on Third Avenue. The proposed auto center is consistent with the CCP (Central Commercial - Precise Plan) zoning designation, CMO (Commercial - Retail) General Plan designation, and the city's environmental plans and policies. The project is also consistent with the Montgomery Specific Plan, which designates the site as Mercantile & Office Commercial. The site is located in the Southwest Redevelopment Area and is consistent with the Redevelopment Area Plan. The project site is on the northwest corner of third Avenue and Montgomery Street. Surrounding land uses are: North - commercial (auto body and paint shop); East - commercial (restaurant across Third Avenue); South - single-family residences (across Montgomery Street); and West -multi-family residences. The proposed Lightning Auto Center project is compatible with these surrounding land uses. The proposed project would not impact the physical arrangement of the established land uses along Third Avenue. Mitigation: No mitigation measures are required. Potentially Significant IUlpact Potentially Significant UnI", Mitigated Less than Significant Impact N. Impact II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? o o o " b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an o o o " 2 ..3 - c.f 9 undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? o o t3l o Comments: The project is surrounded by existing commercial and residential development and does not involve an extension of public facilities that would induce substantial growth. One vacant housing unit would be displaced. The loss of one housing unit would not be a significant impact. In addition, it is a legal non-conforming use within a CC (Central Commercial) Zone and CMO (Commercial Retail) General Plan designation. A car wash and lube center is consistent with the General Plan and would not exceed the regional or local population projections. Mitigation: No mitigation is required because the project would not result in significant impacts. Potentially Significant Less than Potentially Unless Significant No Significant Mitigated Impact Impact Impact III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in geologic 0 0 0 " substructures? b) Disruptions, displacements, compaction or 0 " 0 0 overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 " features? d) The destruction, covering or modification of any 0 0 0 0 unique geologic or physical features? e) Any increase in wind or water erosion of soils, 0 " 0 " either on or off the site? f) Changes in deposition or erosion of beach 0 0 0 " 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 " hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 3 3-'S<'J 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 Rose Canyon Fault Zone is approximately 21 miles to the north, and the La Nacion earthquake fault is approximately three miles to the east. Compliance with the building design and construction requirements of the Uniform Building Code requirements would avoid potentially significant structural impacts resulting from seismic activity. Approximately 10-percent of the 0.28-acre site is covered by the existing single-family structure. Impervious coverage of the new facility would increase to 9,643 sq.ft. (78% of the site). The project site is essentially flat (3% slope) and 964 cubic yards of material would be excavated for a basement area under the lube facility. If the excavated soil is not to be used on the project site it will be relocated to another off-site area. The applicant will be required to obtain a Transporting Permit from the Engineering Department will regulate the route that will be used to transport soil to ensure that the operation will not adversely impact traffic circulation. Mitigation measures to reduce fugitive dust associated with the hauling operation have been included in the Air Quality Section. Standard engineering conditions require that a geotechnical/soils study be submitted with the first submittal of improvement plans. No significant effects, such as a change in topography, geologic hazards, etc., would result from construction of the facility. 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. Compliance with the National Pollutant Discharge Elimination Systems (NPDES) Permit Order No. 2001-01 and 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: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. Potentially Significant Less than Potentially Unless Significant No Significant Mitigated Impact Impact Impact IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, 0 '" 0 0 or the rate and amount of surface runoff? b) Exposure of people or property to water related 0 0 0 '" hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration 0 0 0 '" of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 '" 4 J'-S f water body? e) Changes in currents, or the course of direction 0 0 0 t!l of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either 0 0 0 t!l 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 t!l groundwater? h) Impacts to groundwater quality? 0 t!l 0 0 i) Alterations to the course or flow of floodwaters? 0 0 0 t!l j) Substantial reduction in the amount of water 0 0 0 t!l otherwise available for public water supplies? Comments: The site is not located in a mapped flood zone and no significant flood impacts would result from developing the site as an auto center. Existing drainage patterns would not change as a result of constructing the new facility and the project would not result in potentially significant off-site flooding. Approximately 10-percent of the site is currently covered with structures and paving. The Engineering Department reports that the on-site drainage facilities are not adequate to serve the new facility. A condition of project approval will require that on-site drainage facilities be included in the first submittal of grading and improvement plans. The on-site drainage system will discharge to the curb and gutter on Montgomery Street that flows westerly to a storm drain curb inlet at the intersection of Montgomery Street and Fresno Street. The project would be subject to the provisions of the Standard Urban Storm Water Mitigation Plan (SUSMP) for the treatment of runoff if construction commences after February 21, 2002. If constructed after that date, the project would also be subject to the National Pollution Discharge Elimination System (NPDES) Municipal Permit Order No. 2001-01. All grading operations will be performed in compliance with the City of Chula Vista Grading Ordinance (Ordinance 1797, as amended). A National Pollution Discharge Elimination System (NPDES) construction permit is not required because the site contains less than five acres. However, the implementation of Best Management Practices (BMPs) that are included as a mitigation measure during and after construction would reduce erosion and sedimentation in the downstream storm drain system to a less than significant level. Short-term erosion would be reduced to a less than significant level by the installation of temporary desilting and erosion control devices as specified on the Site Plan. These devices include 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. J- S::1- 5 Groundwater could be contaminated if automotive fluid spills occur on-site, or if contaminated water from the automobile washing equipment is spilled. These potential impacts are addressed in Section IX (Hazards). The applicant will be required to submit an application for an Industrial User Discharge Pennitto the County of San Diego Industrial Wastewater Control Program, who will determine if an Industrial User Discharge Permit is required for the proposed auto center. Adequate public water service is available to the site. Groundwater level would not be impacted because there would be no additions or withdrawals from the local aquifer. Mitigation: See Section XIX for hazard related mitigation measures. Potentially Significant Impact Potentially Sil;:nlficant Unless Mitigated Lessthlln Significant Impact N. IrnplIct V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? o o o r!lI b) Expose sensitive receptors to pollutants? o o o r!lI c) Alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally? o o o r!lI d) Create objectionable odors? o o o r!lI e) Create a substantial increase in stationary or non-stationary sources of air emissions or the deterioration of ambient air quality? o o o r!lI Comments: The proposed project would generate sufficient emissions and dust during construction- related activities to result in a short-term significant, but mitigable, impact to air quality. During construction, dust generated by grading and the combustion of fossil fuels by construction equipment would create emissions. Fugitive dust would also be created as a result of clearing, earth movement, and travel on unpaved surfaces., Although air quality impacts resulting from constlUction related emissions are potentially significant, they are considered short-term in duration since construction is a relatively short-term, one-time activity. Dust control during grading operations would be regulated in accordance with the rules and regulations of the San Diego Air Pollution Control District (APCD). During construction of the project, the project will be subject to mitigation measures outlined below in Section XIX. The proposed auto center is consistent with the General Plan commercial designation that was used as the development intensity for the Regional Air Quality Model. Negligible air quality effects would result from the emissions of the project's 650 ADT that are consistent with the assumptions of the air quality model and emission projections. No sensitive receptors are located in the adjacent areas. Operation of the facility would not result in odor impacts. 6 J-S3 Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. Potentially Significant Less Chan Potentially Unless SigniOc..ant No Significant Mitij:3led Impact Impact Impact VI. TRANSPORTA TION/CIRCULA TION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? 0 0 Oll 0 b) Hazards to safety fi'om design features (e.g., 0 0 Oll 0 sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 0 0 Oll nearby uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 Oll e) Hazards or barriers for pedestrians or bicyclists? 0 0 0 Oll f) Conflicts with adopted policies supporting 0 0 0 Oll alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 Oll h) A "large project" under the Congestion 0 0 0 Oll Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: Third A venue is classified as a Class I Collector and provides two lanes of travel in each direction. Curbside parking is generally prohibited in the project area. Montgomery Street is an east- west unclassified residential roadway with one lane of travel in each direction. Curbside parking is permitted along both sides of the road. Main Street is classified as a four-lane Major Arterial with two lanes of travel in each direction. Curbside parking is generally prohibited in the project area. A traffic study for the Lightning Auto Center (dated October 4, 2001) was completed by Linscott, Law & Greenspan, Engineers. The carwash is projected to generate 470 average daily trips (ADT) and the lube center is forecasted to generate 180 ADT. The PM peak-hour traffic is forecasted to be 33 inbound ADT and 32 outbound ADT. Twenty percent of the project traffic is forecasted to use Third Avenue north of the site and 75% of the traffic is forecasted to use Third Avenue south of the site. The remaining five percent is expected to use Montgomery Street. Third Avenue is a Class 1 Collector street and has a 22,000 trip capacity (with Level-of-Service C). 7 ..3 - s'-/ The existing ADTs is 15,210 and with the project proposal will increase the vehicle trips to 16,230. Third Avenue currently operates at Level of Service (LOS) A, and is forecasted to continue operating at LOS A with the addition of the project traffic. The Third A venue/Montgomery Street intersection operates at LOS A and would remain at LOS A with the addition of the project traffic. The Third Avenue/Main intersection operates at LOS C and would remain at LOS C with the addition of the project traffic. The northern entrance to the project would operate at LOS B. Queuing calculations concluded that a queue space of six vehicles for the carwash, and a queue space of two vehicles for the lube center, would provide adequate queuing space. The site plan for the project includes a total of eight queuing spaces. The project will be conditioned to widened Third A venue by seven feet and to install a curb, gutter, and sidewalk. The traffic study indicates potential for significant circulation impacts and recommends the following: a) Installation of a four-foot wide raised median on Third Avenue, between Montgomery Street, and, the south project driveway to prevent left turns into the project's south driveway b) the northern driveway be a minimum of 30 feet wide to allow for two-way traffic access and the south driveway be constructed as an alley type driveway, striped for ingress only c) Third A venue frontage should be painted as a red curb to prevent 'on-street parking. Implementation of these mitigation measures will reduce potential impacts to circulation to less than significant. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. Potentially Significant Less than Potentially Unless Significant No Significant Mitigated Impact Impact Impact VII. BIOLOGICAL RESOURCES. Would the proposal result ill impacts to: a) Endangered, sensitive species, species of 0 0 0 III concern or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? 0 0 0 III 0 0 0 III c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 III pool)? e) Wildlife dispersal or migration corridors? 0 0 0 III f) Affect regional habitat preservation planning 0 0 0 III efforts? Comments: The site is not located in a biologically sensitive area as identified in the City's General 8 J --sT Plan. The site is fully disturbed and is located in an urbanized area. There are no sensitive plant or animal species on-site. No biological impacts would result from the proposed use of the site. Mitigation: No mitigation measures are required. Potentially Sii:nificant Impact Potentially Significant Unless Mitij!:all'd Less than Signilicant Impllct No Impact VITI. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? o o o [ill b) Use non-renewable resources in a wasteful and inefficient manner? o o o [ill c) If the site is designated for mineral resource protection, will this project impact this protection? o o o [ill Comments: The proposed Lightning Auto Center does not conflict with the recently adopted C02 Reduction Plan. The project will add a curb, gutter, and sidewalk along the Third Avenue frontage that. will provide for pedestrian circulation in the project area. The proposed project is subject to compliance with the 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 designated for mineral resource protection as defined in the City's General Plan. Mitigation: No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? o [ill o o b) Possible interference with an emergency response plan or emergency evacuation plan? o o o o c) The creation of any health hazard or potential health hazard? o [ill o o d) Exposure of people to existing sources of o [ill o o 9 -3-'::;(., potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? o o o 181 Comments: Groundwater contamination could occur if petroleum products or water from the equipment washing facility is spilled. Demolition of the existing buildings could result in the release of airborne asbestos fibers if the structures contain asbestos materials or lead paint. Release of airborne asbestos fibers or lead paint residue would result in a significant health hazard. The auto center would not interfere with emergency response or evacuation plans. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. POlentially Significant Less lhan Potentially Unless Significant No Significant Mitigated Impact Impact ImJlatl X. NOISE. Would the proposal result ill: a) Increases in existing noise levels? 0 0 181 0 b) Exposure of people to severe noise levels? 0 0 181 0 Comments: The City of Chula Vista Municipal Code CgI9.68.030) establishes commercial land use noise standards of 65 dB during the hours of 7:00 A.M. and 10:00 P.M. on weekdays (8:00 A.M. to 10:00 P.M. on weekends) and 60 dB during the hours of 10:00 P.M. and 7:00 A.M. on weekdays (10:00 P.M. to 8:00 A.M. on weekends). Business hours are proposed to be from 8:00 a.m. to 6:00 p.m. in the summer months and 8:00 a.m. to 5:00 p.m. in the winter months. The proponent estimates that approximately 75-100 cars would be washed per day, and approximately 20-25 cars per day would be processed through the lube center. Dr. Leslie E. Penzes, Acoustical Consultant, completed an acoustical study, dated June 4, 2001, for the auto center. An amendment to the study was submitted on September 28, 2001. The analysis was based on noise measurements taken at two similar car wash and lube center operations in the San Diego area, noise measurements taken at the site, and acoustical modeling. All mechanical equipment for the car wash will be located within the carwash structure. The acoustical analysis determined that noise generated by the carwash blowers would exceed the City's noise standards by 10 dB(A). To reduce the noise level at the property line to 60 dB(A), the project design was modified to extend the western wall of the car wash building 30 feet beyond the entrance to the carwash, and to extend the wall at the exit of the carwash by 10 feet; the height of these walls will be 14-feet. The building extensions do not interfere with site clearance. The western wall of the carwash building is adjacent to the multi-family residences on the adjoining property; a six-foot setback is provided between the building and the property line. The extension of the walls, as shown on the site plan, reduces the noise level at the property line to less than 60 dB(A). Mitigation: No mitigation measures are required because the design of the project has been modified to reduce the noise level at the property to less than 60 dB(A). 10 ...3-.s7 Potentially Significant Impact POlentiaJl) Significant Unless Mitigated u..-ss than No Significant Impact Impact XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? o o o I!l b) Police protection? o o o I!l c) Schools? o o o I!l d) Maintenance of public facilities, including roads? o o o I!l e) Other governmental services? o o o I!l Comments: No significant impacts would occur because no new or altered public facilities would be required to serve the proposed Lightning Auto Center. Mitigation: No mitigation measures are required. Potentiall Significant Impact Potentiall)' Significant Unless Mitigated Less than Significant No Impact Impact XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? o o o I!l As described below, the proposed project does not result in significant impacts to any of the Threshold Standards. a) Fire/EMS o o o I!l The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is two miles away and would be associated with a four-minute response time. The proposed project would_comply with this Threshold Standard. Comments: According to the Fire Department, the Lightning Auto Center will not impact the current level of service and this threshold standard will be met, since the nearest fire station is at Fourth Avenue and Oxford Street, approximately one mile away. No significant impacts to firelEMS threshold standards would be created as a result of the proposed project. 11 -2 - ,$1' Mitigation: No mitigation measures are required. b) Police o o o c;l The Threshold Standards require that police units must respond to 84% of Priority 1 cal!s within 7 minutes or less and maintain an average response time to all Priority I cal!s of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 cal!s within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project would comply with this Threshold Standard. Comments: According to the Chula Vista Police Department, the proposed project will not impact the current level of service. The Police Department reports that the proposed project, Auto Lightning Center, would not result in a significant impact to the Police Threshold Standards. Mitigation: No mitigation measures are required. c) Traffic o o o c;l 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 of"D" can occur for no more than any two hours of the day. 2. West ofI-805: Those signalized intersections, which do not meet the standard above, may continue to operate at their 1991 LOS, but shal! not worsen. Comments: The project would generate 650 average daily trips (ADT). The Engineering Division reports that the LOS "c" level would continue to be met on Third A venue. The additional trips would not result in the traffic threshold being exceeded. MItigation: No mitigation measures are required. d) ParksIRecreation o o o c;l 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. Comments: The proposed project is located west of I-80S, therefore, the Parks and Recreation Threshold Standard does not apply. No park pad obligation wil! be required because the proposed project is a commercial use. Mitigation: No mitigation measures are required. 12 ..3 - ~-9 e) Drainage o o o ~ The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. Comments: The City Engineering Department reports that the project will be required to construct new on-site drainage facilities. The facilities will be shown on the first submittal of the project improvement and grading plans. These new facilities, and the existing off- site storm drain facilities, will adequately serve the project and that no significant impacts would occur. NO,new off-site facilities are required. The proposed project would comply with the Threshold Standard for storm water flows. Mitigation: No mitigation measures are required. f) Sewer o o o ~ 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 would comply with this Threshold Standard. Comments: The City Engineering Department reports that the existing 8-inch sewer line located on Montgomery Street is adequate to serve the proposed project. No significant sewer facility impacts would result from the proposed project. The proposed project would comply with the Threshold Standard for sewer service. Mitigation: No mitigation measures are required. g) Water D o o ~ The Threshold Standards require that adequate storage, treatment, and transmission facilities be constructed concurrently with planned growth and those water quality standards are not jeopardized during growth and construction. The proposed project would comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: The Sweetwater Authority reports that a l2-inch water main is located in Third Avenue and an eight-inch water main is located in Montgomery Street. No additional water service would be required to serve the project. The proposed project would comply with the Threshold Standard for water service. ,3-(.,0 13 Mitigation: No mitigation measures are required. XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? Potentially Significant Impact PotentiaU)' Significant Unless Mitigated o o Less than Significant No. Impact Impact o I!! o o o I!! o o o I!! o o o I!! o o o I!! o o o I!! Comments: No new utilities would be required to serve the proposed facility. On-site drainage facilities will be constructed as approved on the project's improvement and grading plan. The City Engineering Department reports that an 8-inch sewer line is located in Montgomery Street. A wastewater generation study will be required with the first submittal of the improvement and grading plans. No significant utilities or service system impacts are anticipated as a result of the proposed project. Mitigation: No mitigation measures are required. XIV. AESTHETICS. Would the proposal: a) Obstruct any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause lh,: destruction or modification of a scenic route? c) Have a demonstrable negative aesthetic effect? Potentially Significant Impact 14 Potentially Significant Unless Mitigated o o o o o o ..3 - (" ( Less than Significant Impact No Impact o I!! o I!! o I!! d) Create added light or glare sources that could 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? o o o ill o o ill o Comments: The proposed facility is located within an urbanized area and there are no scenic vista or viewpoints on, or adjacent to, the property. The entrances to the carwash and lube bays are oriented to Montgomery Street and will be screened by landscaping along the Montgomery Street frontage. The exit from the carwash is oriented to the alley along the north property line. The Third A venue frontage will be landscaped with planter areas containing a massing of vegetation at the northeast corner and center of the project site. Another planter area will be located at the corner of Third Avenue and Montgomery Street. The western side of the carwash building, adjacent to the multi-family residential building, will be stucco with a repeating pattern of split face concrete block. The setback area will be planted with Italian cypress and trumpet vines on trellises. The proposed Lightning Auto Center would not result in significant aesthetic impacts or create additional light spill. The proposal will be reviewed by the Design Review Committee. Mitigation: No mitigation measures are required. XV. CULTURAL RESOURCES. Wouldthe proposal: a) Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a physical change, which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or sacred uses within the potential impact area? e) Is the area identified on the City's General Plan EIR as an area of high potential for archeological resources? Potentially Significant Impact Potentiall)' Significant Unless Mitigated N. Impact Less than Signilicant Impact o o o ill o o o ill o o o ill o o o ill o o ill o Comments: The Conservation and Open Space' Element of the General Plan does not 15 -.3 -0 L identify the project site or surrounding vicinity as an area of potential cultural resources. The site has been previously disturbed by residential development. The site currently contains one single-family residence. The residential structure contains no distinguishing historic features and is not historic according to City inventory records. No significant cultural impacts would be created as a result of the proposed project. Mitigation: No mitigation measures are required. XVI. PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the destruction of paleontological resources? Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact 0 0 0 II'l Comments: The Conservation and Open Space Element of the General Plan does identify the project site or surrounding vicinity as an area of potential paleontological resources. According to Tom Demere, Museum of ManlPaleontological Curator, the site is noted as a moderately sensitive paleontological resource area given the history of what has previously been discovered. However, according to Mr. Demere, based upon the relative shallow depth of the project digging and the small area that is to be excavated there will be no significant paleontological resource impact, nor will monitoring be required. Mitigation: No mitigation measures are required. Potentially Significant Impse! Potentially Slgnilicanl Unless Mitigated Less than Significant Impact No Impact XVII. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? o o o II'l b) Affect existing recreational opportunities? o o o t!!l c) Interfere with recreation parks & recreation plans or programs? o o o II'l Comments: The proposed project is consistent with the City's General Plan Parks and Recreation Element. The proposed facility does not increase the need for new parks or recreational facilities. Park pad fees would not be required as the project is a conunercial land use. No significant recreation impacts would be created as a result of the proposed project. Mitigation: No mitigation measures are required. Potentially CI.....UO;....... ]6 3-(,3 XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an EIR is needed, this section should be completed. a) Does the project have the potential to degrade 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? PotentlllllJ' Significant Impllct Signllicaot Unless Mitigated Less thall Significant [mpact N. Impact o o o ~ Comments: The site is fully disturbed and is located in an urbanized area. No sensitive plant or animal resource impacts would occur. Mitigation: No mitigation measures are required. b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? o o o ~ Comments: The proposed project will not affect long-term environmental goals of the City because the project is consistent with the City of Chula Vista General Plan and the Draft Multiple Species Conservation Program Subarea Plan (dated October 9, 2000). The project site is slated for development. The proposed project would not negatively affect long-term environmental goals. Mttigation: No mitigation measures are required. c) Does the project have impacts that are individually limited, but 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 proj ects, and the effects of probable future projects.) o o o ~ Comments: The proposed project would not result in cumulative effects because the site and surrounding area is fully developed. No other projects have been recently approved in the area, nor are there any known future projects. No significant impacts would be created as a result of the proposed project. 17 .3-LPY Mitigation: No mitigation measures are required. d) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? o o o ~ Comments: No significant effects on human beings are anticipated to result from approving the proposed Lightning Auto Center. Mitigation: No mitigation measures are required. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The following project revisions or mitigation measures have been incorporated into the project and will be implemented during the design, construction and operation of the project: GEOPHYSICAL & WATER Erosion and Sedimentation 1. Best Management Practices (BMPs) as approved by the City Engineer, shall be implemented during and after construction to prevent erosion and sedimentation in the downstream storm drain system. Short-term erosion would be reduced to a less than significant level by the installation of temporary desilting and erosion control devices. These devices include desilting basins, berms, hay bales, silt fences, dikes, and shoring. HAZARDS Asbestos and Lead I. The applicant shall contract with an environmental consultant certified by the State of California to conduct testing for the presence of asbestos in buildings to be demolished. A report shall be submitted to the City of Chula Vista Planning and Building Department that identifies whether or not asbestos is present. If required, a remedial work plan for the removal and disposal of asbestos shall be submitted for review and approval by the City of Chula Vista Planning and Building Department and San Diego County Air Pollution Control District. 2. Prior to demolition activities, a lead-based paint survey is required. If confirmed lead-based paint is scheduled for demolition an environmental consultant certified by the State of California shall remove it. The applicant shall be responsible for obtaining all the required permits from all affected state and local and regulatory agencies including the Air Pollution Control District and shall provide proof of having obtained approval to precede with this process of the Planning and Building Department prior to obtaining a building permit. Petroleum or Contaminated Water Spills I. The applicant shall submit an application for an Industrial User Discharge Permit to the County of San Diego Industrial Wastewater Control Program and comply with all conditions contained in any permit issued. 2. The applicant shall be responsible for obtaining all required permits related to hazardous materials from state and local regulatory agencies, including the San Diego County Department of Environmental Health, and shall provide proof of having obtained such permits to the Planning and Building Department prior to issuance of a building permit. 18 ..3 - Co <;" 3. The applicant shall obtain a pennit from the City of Chula Vista Fire Department for any maintenance work done on- site or for the storage of hazardous materials exceeding those listed in the California Fire Code 1998 (CFC 98). Petroleum spills shall be immediately reported to the Fire Department, and spilled petroleum removed from the site as directed by the Fire Department. AIR QUALITY Construction Related Emissions 1. All unpaved construction areas shall be sprinkled with water or other acceptable dust contml 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 of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be coven::d or watered. 6. Disturbed areas shall be hydro seeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. 7. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. Catalytic reduction for gasoline-powered equipment shall be used. Also, construction equipment shall be equipped with prechamber diesel engines (or equivalent) together with proper maintenance. TRAFFIC/CIRCULA nON Construction-Related Impacts 1. Installation of a four- foot wide raised median on Third Avenue, between Montgomery Street, and the south driveway to prevent left turns into the project's south driveway. 2. The northern driveway shall be a minimum of 30-feet in width to allow for two-way traffic access. The south driveway shall be constructed as an alley-type driveway and striped for ingress only. 3. Installation of red curbing along Third A venue frontage to prevent on-street parking. 3-G:,&, 19 Nov-14-01 03:25P A.D.HINSHAW ASSOC. 619 258 8214 P,04 XX. AGREEMt:NT TO IMrLEM~;NT MITlGAT1U~ MEASURES By signing tbe lin~(s) provided below, lb~ Appllcant(s) i1mJ/or Operator(s) stiplllat~ that they have each read. undeJ'stood and ha...,C' their re~pc(.;liv(,: cCllllpallY's ..H1thority to and do agn.:c to the rnitigation nlCiiSUrc~ contained hl.:n.:in, and will irnplt.:rtlcnt same to lhc satisfaction of the J::nvironmentnl Review Cuordinaror. Failure (.u sign the line(!:i) provided he10w prior to pORting of this [Mitigatedl Negative Declaration with th~ Cuunty Clerk shall indicatc the Applicanls' and/or Operator's de,irc that the Projcc\ bc hcld in abeyan~c without approval and that Arplicant(s) and/oJ' Operator(s) shall apply for an bwironrncmallmpacl eport. c ~~I wner wiler ~t:=--l Df D~ Printed Name and Titk "fOperatoJ' Signature of Operator Date XX!. ENVIRONMENTAL FACTORS POTENTIALLY AFrECTED: Thc environmental fuctors checked helm, would be potentially afkcled by this project, invulving at least one impact that is a "Potentially Significant Impact" ur "l'orenrially Signitlcant Unless Mitigated." as indicated by rhe checklist un the following pages. 0 Land Use anc..l Planning . Transportation/Circu hll iun 0 Public St:fvieC$ 0 Population ami Housing 0 Biological Resources 0 Utilities and Service S ysIC[T\$ . O"opnysical 0 Energy and Mineral Resources 0 Aesthetics . \Vater . Ha"ard., 0 Cultural Rewurces . _'\ ir Qual ity 0 Noise 0 Rer..:n.:u.Lion 0 Palounlology 0 Mandatury Findings of Signi ficance 20 ..3 - G 7 Nov-l~-Ol 03:26P A.D. HINSHAW ASSOC. 619 258 8214 .XXII. DETl::RMTNATION: On the hasis ofthi, initial evnluation: I find that the proposed projel.:t. COULD NOT have Ii ~igniticant effect on the envirunTl1I.:nt, and a NEUATIVE DECLARATION will be prepared. 1 find rhat ,dthullgh the proposet! project cault! have a significant effect on the environment. there wilL not he a Sil:,'11ifkant effect in (his case bec.ause the mitigation measures described on an attached sheet have been added tu the pm.!ec!. A M1'flGA TED NEGATIVE llECLARATION will be prepared. 1 find that the pruposed project M^ Y have El. significant effect on lhL: environment, and an ENVIRONMENTAL lI'dPACT REPORT is required. I find that the proposed pJ'Dject M^ Y have a significant etfect(s) UIl the environment, but <.It. kasl one effect: 1') ha.<;; been udcquatcly analyzed ili an earlier dUl.:umcnt pl.lrslI<.lnt tu applieahle legal standard" and 2) ha~ been addressed by mitigation IneaSure, hosed on thc earlier "naly~i, as described on attached sheet.l, if the effect is a "potentially significant impacts" or "potentially sib~lific'''lt unless miligated." An ENVIRONMENTAL IMPACT REPORT is required, but it must ,walyze only the effect, that remain tn be addressed. I find that although rhe propuseci rroject cuui<i have u signi fican! effect on the environment. there WILL NOT be a significant effect in this case because all potentially signilieant effects (,,) have been analYl-ed adequately in an earlier EIR pursuant 10 arplicable standard, and (b) have heen avoided or mitigated pursuant to tJmt earlie,' ElR, including revisions or mitigatiun measures that arc imposed upon the proposed project. An addendum has been prepared rn rrovide a record of this uetennination. 2z~(c?vM(>&, Elwironmenta\ Review Coordinator City ofChula Vista ((/I'lf/O/ j);;:tf { 1:\r[~111\iI1g\MAR1^\1Ilitla.l StuJy\lS~O 1-38chklsu.1()l~ 21 -.3 /C;, ~ P.OS o . o o o REVISED ADDENDUM TO LIGHTNING AUTO CENTER MITIGATED NEGATIVE DECLARATION 18-01-038 PROJECT NAME: LIGHTNING AUTO CENTER PROJECT LOCATION: 1616 Third Ave (Third Ave. & Montgomery St.) ASSESSOR'S PARCEL NO.: 626-132-10 PROJECT APPLICANT: F. Leland Hope CASE NO.: IS-O 1-03 8 DATE: January 18, 2002 Revised February 14,2002 I. INTRODUCTION The environmental review procedures of the City of Chula Vista and Section 15164 of the State CEQA Guidelines allow an addendum to a Mitigated Negative Declaration (MND) to be prepared if one ofthe following conditions is present: I. The minor changes in the project design which have occurred since completion of the MND have not created any new significant environmental impacts. 2. Additional or refined information available following completion of the MND regarding the potential environmental impact of the project, or regarding the mitigation measures or alternatives available to mitigate potential environmental effects of the project, does not show that the proj ect will have one or more significant impacts which were not previously addressed in theMND. 3. None of the conditions described in Section 15162 calling for the preparation of a subsequent MND have occurred. This addendum has been prepared to specifically provide additional information and analysis concerning potential impacts resulting from a minor change to the project. The change consists of: a. Rerouting traffic exiting the car wash directly to 3'd Avenue rather that the alley along the northern property line. b. Relocating !We seven on-site parking spaces. c. Including an autemQbil@ oov@tnIQugh 1an@ from th@ all@y along th@ north@mflIClj'l@rtylin@to tl1.@ @xit lan@s from th@ oit@. Thio oov@ through lan@ could !i@ us@d as a parking spac@ for cllotomers Page I 3-01 inq\liring abClllt services available at the facility. Adding a handicapped designated walkway from the parking area along the northern property line to the customer service area. Therefore, in accordance with section 15164 of the CEQA guidelines, the City has prepared the following revised addendum to 18-10-038. II. PROJECT SETTING The 0.28+-acre (12,320 sq. ft.) site is located on the northwest corner of the Third Avenue and Montgomery Street intersection (see Exhibit A - Locator Map). The surrounding area is fully developed with the following land uses: North - commercial (auto body and paint shop); East - commercial (restaurant across Third Avenue); South - single-family residences (across Montgomery Street); and West - multi-family residences. The site is currently developed with a single-family residence. A chain-link fence surrounds the perimeter of the property. The site is flat and contains non-native plant material. No listed plant or animal species is known to occupy the site or surrounding area. III. PROJECT DESCRIPTION The project proposes to remove the residence and construct an auto center that provides automated carwash (1,240 sq.ft.) and fast lube service (721 sq. ft.) (see Exhibit B - Site Plan). Water used in the carwash will be filtered and recycled through the system. A 469 sq.ft. customer area would be located between the lube center and carwash. Stacking for six cars entering the carwash, and stacking for two cars entering the lube center, is shown on the site plan. The property frontage on Third Avenue would be improved to City Standards with curbs, gutters, and sidewalks. Curb, gutter, and sidewalk currently exist on the Montgomery Street frontage. The maximum height of the building would be 18 feet. The lubrication services would be limited to basic oil changes and related service. Business hours are proposed to be from 8:00 a.m. to 6:00 p.m. in the summer months and 8:00 a.m. to 5:00 p.m. in the winter months. The proponent estimates that approximately 75-100 cars would be washed per day, and approximately 20-25 cars per day would be processed through the lube center. Three employees would staff the car wash and two employees would staff the lube center. Other employees include a manager and cashier. Automobiles would enter the car wash and lube area from Third A venue near the intersection with Montgomery Street (south end of the site). Autos from the lube area and the car wash would exit onto Third Avenue near the northern end of the site. Employee and patron parking is provided adj acent to the northern property line. The parking area would be accessed from the alley along the northern boundary of the site. Page 2 ..3- 7 0 IV. IDENTIFICATION OF ENVIRONMENTAL EFFECTS The revisions to the site plan would not create any additional environmental effects, or increase the severity of any effects identified in the MND. The impacts and mitigation measures identified-in the MND are applicable to the revised site plan. VI. CONCLUSION The analysis and conclusions present in the MND (IS-01-038) are not changed by the proposed revisions to the site plan. Preparation of a subsequent MND is not warranted. Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, 1 hereby find that the project revisions to the proposed project will result in only minor technical changes or additions, which are necessary to make the Final SEIR adequate under CEQA. 1~/t?~f& Marilyn .F. Ponseggi, y Environmental Review Coordinator REFERENCES Chula Vista General Plan (1989) Title 19, Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures Traffic Analysis, Linscott, Law & Greenspan. Engineers, November 2001. CONSULTATION Majed Al-Ghajiy, Civil Engineer, Traffic Engineering Page 3 3 -7 ( MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, January 9, 2002 Public Services Building 276 Fourth Avenue, Chula Vista, CA ROLL CALLI MOTIONS TO EXCUSE: Present Chair O'Neill, Commissioners Castaneda, Hall, Cortes, Thomas, McCann, Willett Absent None Staff Present Jim Sandoval, Assistant Director of Planning and Building John Schmitz, Principal Planner Rick Rosaler, Principal Planner Marisa Lundstedt, Environmental Projects Manager Harold Phelps, Associate Planner Ann Moore, Sr. Assistant City Attorney PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS; Read into the record by Chair O'Neill APPROVAL OF MINUTES: MSC (WilleWThomas) (5-0-2-0) to approve minutes of December 5, 2001 as submitted. Motion carried. ORAL COMMUNICATIONS: Bill Tripp, 1401 Laurel Avenue stated he reviewed the accessory second unit matrix and expressed concern with staff's recommendation that Conditional Use Permits for accessory second units continue to be processed administratively without a public hearing. He further urged the Commission to carefully consider this recommendation in light of existing requirements that all Conditional Use Permits be considered in a public hearing forum. 1. PUBLIC HEARING:SUPS 01-05; Special Use Permit to construct a 1,240 sf car wash, 849 sf 2-bay lube area, and a 435 sf customer service area, with accompanying landscaping, parking and driveway circulation. 3-'7"L Planning Commission Minutes - 2 - January 9, 2002 Background: Harold Phelps, Associate Planner reported that the project is located at the northwest corner of Third Avenue and Montgomery Street and is surrounded by single family, two-family and multi-family homes, as well as a number of commercial uses. Since the proposal is located within the Redevelopment Project Area, final approval is required by the Redevelopment Agency. The applicant initially submitted an application for the proposed project in January 2001. Staff identified a number of concerns relating to on-site circulation, vehicular queing and landscaping issues. As a result the applicant worked with staff and redesigned the project addressing concerns that were previously identified. Staff recommendation: That the Planning Commission adopt Resolution SUPS 01-05 recommending that the Redevelopment Agency adopt the Mitigated Negative Declaration and approve the Special Use Permit, subject to the conditions and findings contained in the draft Redevelopment Agency resolution. Commission Discussion: Chair O'Neill expressed concern that the 42 feet from the exit of the car wash tunnel to the driveway approach does not provide adequate room for stacking of cars that are coming out of the car wash and still need minor detailing of wiping down windows and mirrors. He also stated that if this were a drive-through car wash, where patrons remain in their cars, then there most likely wouldn't be a stacking problem. Public Hearing Opened 6:25 Lee Hope, Architect, 5055 North Harbor Drive, San Diego stated that the exit area (42 feet) allows stacking of 4 vehicles and there is not anticipated to be any problem in moving the cars off the premises because the customer service area has no vending machine or anything else that would delay the customer from picking up their vehicle when it comes out of the car wash. He further stated that this is an automated car wash and cars exit virtually dry requiring minimal touch-up of windows and mirrors. Commissioner Thomas inquired what the elapse time is from when the vehicle enters the car wash to when its ready to drive off the premises. Mr. Hope responded that going through the car wash takes 60 to 90 seconds and then approximately 90 to 120 seconds for detailing time, for a total of approximately 3 minutes, however, patrons exit their vehicle prior to it being vacuumed, therefore, that time is extended. 3-73 Planning Commission Minutes - 3 - January 9, 2002 The Commission consensus was that the project, as designed, is too ambitious for a lot this size because it does not allow for adequate on-site circulation, specifically the stacking grid-lock that will occur due to the restricted area at the exit of the car wash. They, therefore, urged the applicant to consider redesigning the project and perhaps change the car wash to a drive-through so that there is no need for patrons to exit their vehicle. MSC (Thomas/Castaneda) (7-0) to continue public hearing to January 23rd to allow Mr. Hope (Architect) time to confer with the owner, who was not present at the meeting. Motion carried. 2. PUBLIC HEARING:a. Consideration of the Final Second Tier Envir nmental Impact Report (EIR 98.01) for the atay Ranc iIIage Six Sectional Planning Area (SPA) Plan. b. PCM 99-05; Consideration of a Sectio al Planning Area (SPA) Plan, Planned Community strict Regulations, Village Design Plan, Public F ilitles finance Plan, Affordable Housing Program and other regulatory documents for 2,232 dwelling nits on approximately 386 acres in village Six of atay nch located generally in the north central portion of e atay Valley Parcel, south of "'-Qlympic Parkway, eas f La Media Road, north of Birch R~d and west of fu re SR-125. ", "' Marisa Lundstedt, Environmental Pr'Qjects nager gave an overview of the project as presented in staff report. She reported'-t a Second Tier EIR, CEQA Findings of Fact, and Mitigation Monitoring and Reporting ffiQram have been prepared for the project. The Final EIR contains responses to com ents r~.ived during the public review period. ~""' , -"- ""', " -"- "'-"..." "'. ". " , The Final EIR identified a numbe of direct and indir t significant environmental impacts that would result from the pr osed SPA Plan and c ceptual TMs. Some of these significant impacts can be ully avoided through the a tion of feasible mitigation measures, while others c not be avoided by adoption offeas Ie mitigation measures or feasible environmentall superior alternatives. In order to approv he proposed project, a Statement of Overri . g Considerations must be adopted. Project Level an cumulative impacts are identified and are divided into tti e categories: Significant d Unmitigated; these are either cumulative (project is combine ith other projects) 0 egional in nature (beyond the sole control of the City of Chula Vista. Th are: 3-7'-1 Planning Commission Minutes - 5 - January 23, 2002 2. Public Hearing: SUPS 01-05; proposal to construct a 1,240 sf car wash, 840 sf 2- bay lube area, and a 435 sf customer service area, with accompanying landscaping, parking and driveway circulation. Background: Harold Phelps, Associate Planner reported that this item was continued from the January 9,2002 Planning Commission meeting in order to allow the applicant to discuss and address the Commission's concerns about the project with the property ownership group. The following are design changes to the project: o Altered circulation plan in order to eliminate potential stacking of vehicles exiting the car wash from entering onto the dedicated alley. o Car wash and lube center vehicles will exit from the northerly driveway onto Third Avenue o In order to accommodate on-site stacking circulation, the 5 employee parking spaces shown on the previous plan along the north property line will now be access from the dedicated alley rather than from the on-site driveways. o Closure of the car wash exit onto the alley will allow for 2 new compact parking spaces. A total of 7 parking spaces along the alley, as well as the handicapped parking space adjacent to the customer service building will neate the need for a zone variance for parking. Staff recommendation: That the Planning Commission adopt Resolution 01-05 recommending that the Redevelopment Agency adopt the Mitigated Negative Declaration and approve the Special Use Permit, subject to the conditions and findings contained in the draft Redevelopment Agency resolution. Commission Discussion: Commissioner Hall inquired if any consideration has been given to providing a queing pocket atthe entrance of the premises in order to prevent cars from impeding trafficflow along Third Avenue. Mr. Phelps responded that a portion of Third Avenue will be widened and will provide an additional travel lane along the entire frontage of the project and will be red curbed to allow ease in access to the facility. Public Hearing opened 7:50 lee Hope, 5055 North Harbor Drive, San Diego, CA reviewed the project's different 3- 7'::. Planning Commission Minutes - 6 - January 23, 2002 components regarding location of trash receptacled, handicap parking, and on-site circulation. Mr. Hope further stated that according to the analysis done by their consultant, a six vehicle on-site queing is adequate. Furthermore, there should not be any obstruction to traffic flow along Third Avenue because the footprint of the project will be set back by 8 feet, thereby creating an extra lane where vehicles can pull into prior to entering the premises. Dean Robinson, 404 Villa los Cielos, San Diego, CA, carwash consultant stated that according to industry criteria, Third Avenue would be considered a "B" location because it is not a major traffic artery. Other locations within the City, such as, the car washes along Broadway and Bonita Rd./I-805, are considered "A" locations, having high levels of traffic, which would dictate a much larger queing area. The national average projections for a "B" location car wash, averages between 78 and 1 04 cars per day. Ralph leyva, Traffic Engineer, stated that the projections are 8 to 1 0 cars per hour during the summer on a 1 O-hour work day. In the event that all 8 to 10 cars show up at the same time, the parking lane on Third Avenue could be used for cars waiting to get into the car wash. John Boreman, 1565 Hotel Circle S., San Diego, Traffic Engineer, stated that a queing analysis was conducted based performa and how quickly the cars can be serviced. The 95 percentile queing is three vehicles and the project allows for six vehicles. According to the mathematical calculations, the business would have to attract three times more business than what they are anticipating for a "B" location In order for there to be a queing problem. Public Hearing closed 8:30. Commissioner Castaneda stated that he does not see how this business can be viable based on the low projections of business they are anticipating. He is concerned that because of this, the use will be expanded in order to incorporate other services to attract more business. Furthermore, although he does not oppose the use (car wash) and the project would improve this blighted location with a new building and landscape improvements, however, he is concerned that the project is still too ambitious for the size of this location. Commissioner Hall stated that he too shares Cmr. Castaneda's concerns and in his opinion the applicant has deliberately utilized very conservative figures in the projections of the amount of business they are anticipating in order to make the business fit the size of the site. 3-7(, Planning Commission Minutes - 7 - January 23, 2002 Commissioner McCann stated that although he recognizes some of the expressed concerns, he believes that waiting for the "perfect" project to come along in the future would not be in the best interest of this area that is in dire need for improvement. Cmr. McCann further stated that if the anticipated worst case scenario were to happen and this business were more successful than anticipated to the point that it lost business because it could not provide the service and accommodate its patrons, then this would solely be a self-imposed quandary that the business owner would have to deal with. MSC (Thomas/McCann) (3-4-0-0) that the Planning Commission adopt Resolution SUPS 01-05 recommending that the Redevelopment Agency adopt the Mitigated Negative Declaration and approve the Special Use Permit subject to the conditions and findings contained in the draft RDA resolution provided that: o the site plan be modified to close off access to the alley from the site, and o that the handicap parking space be more appropriately repositioned to another location as long at it is compliant with ADA requirements. Motion failed. 3-.71