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Home My WebLink AboutRDA Packet 2002/06/04 ~~f? ~..:-: ~--~~ ~- CllY OF CHUlA VISfA TUESDAY, JUNE 4,2002 4:00 P.M. (immediately following the City Council meeting) COUNCIL CHAMBERS PUBLIC SERVICES BUILDING JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, 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: May 7,2002; May 14,2002 2. AGENCY/COUNCIL RESOLUTION INITIATING THE PROCESS AND SETTING THE DATE AND TIME FOR A JOINT PUBLIC HEARING TO CONSIDER AMENDING THE MERGED SOUTHWEST REDEVELOPMENT PLAN TO EXTEND EMINENT DOMAIN AUTHORITY FOR AN ADDITIONAL TWELVE YEAR PERIOD - The Southwest Redevelopment Plan was adopted on November 27, 1990 in order to improve deteriorated properties in the areas along Main Street, south Broadway, and south Third Avenue. Since its adoption, the Southwest Plan has permitted the use of eminent domain authority to acquire property within the redevelopment area. Under the provisions of the plan, the Agency's eminent domain authority is restricted to a 12-year time period following the effective date of the ordinance adopting the Plan. The Plan's eminent domain authority is scheduled to expire on November 27, 2002. However, California Redevelopment Law allows the Redevelopment Agency and City Council to amend the Plan to extend eminent domain for another 12-year period. Attached as Exhibit A is the proposed amendment. This report outlines the process that must be followed, pursuant to redevelopment law, to effectuate the proposed amendment. The joint resolution being presented tonight for consideration will initiate the proposed amendment process, refer the proposed amendment to the Planning Commission for consideration and recommendation, and set the time and date for the joint public hearing to adopt the amendment. [Community Development Director] STAFF RECOMMENDATION: Agency/Council adopt the resolution. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lObby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. 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. AGENCY PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT (TC-02-02) TO ALLOW THE CONSTRUCTION. OPERATION. AND MAINTENANCE OF A WIRELESS TELECOMMUNICATIONS FACILITY AT 45 NORTH BROADWAY WITHIN THE TOWN CENTRE II REDEVELOPMENT PROJECT AREA STAFF RECOMMENDATION: Staff requests that this item be continued to the RDA meeting of June 18, 2002. 4. a. JOINT AGENCY/COUNCIL PUBLIC HEARING TO CONSIDER PROPOSED DISPOSITION OF CERTAIN PROPERTY (NEW POLICE HEADQUARTERS SITE) BY THE REDEVELOPMENT AGENCY TO THE CITY - On July 10, 2001, the Redevelopment Agency purchased the former Chula Vista Shopping Center site at the southeast corner of Fourth Avenue and "F" Street for the development of a new Police Headquarters facility. The construction of the police facility is now moving forward and the subject property will be conveyed from the Redevelopment Agency to the City of Chula with this action. This report also serves as a "Summary Report" of the proposed conveyance, pursuant to California Redevelopment Law. [Community Development Director] 4. b. AGENCY/COUNCIL RESOLUTION CONSENTING TO AND APPROVING THE CONVEYANCE OF CERTAIN PROPERTY (NEW POLICE HEADQUARTERS SITE) BY THE REDEVELOPMENT AGENCY TO THE CITY OF CHULA VISTA AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH STAFF RECOMMENDATION: Agency/Council adopt the resolution. 5. a. JOINT AGENCY/COUNCIL PUBLIC HEARING TO CONSIDER APPROVING THE SIGN DESIGN CONCEPT FOR THE DOWNTOWN MONUMENT SIGN, Redevelopment Agency, June 4, 2002 Page 2 AND THE LOCATION FOR INSTALLATION OF THE MONUMENT SIGN; AND DIRECTING STAFF TO SOLICIT BIDS FROM QUALIFIED SIGN CONTRACTORS TO FABRICATE AND INSTALL THE DOWNTOWN MONUMENT SIGN WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA - The downtown monument sign is part of a comprehensive effort to revitalize and beautify Chula Vista's downtown "core." The idea of establishing a downtown monument sign came as a result of proactive efforts among downtown stakeholders to implement the "vision" of establishing downtown Chula Vista as the business, entertainment, civic, and cultural focal point of the city. Additionally, recent and proposed downtown redevelopment, including increased business improvement activities spearheaded by the Downtown Business Association has steadily increased the momentum in truly transforming the downtown "core" into a vibrant central business district. Included as Attachment 1 is the proposed sign design concept and Attachment 2 identifies the proposed location. [Community Development Director] 5. b. AGENCY/COUNCIL RESOLUTION APPROVING THE SIGN DESIGN CONCEPT FOR THE DOWNTOWN MONUMENT SIGN, AND LOCATION; AND DIRECTING STAFF TO SOLICIT BIDS FROM QUALIFIED SIGN CONTRACTORS TO FABRICATE AND INSTALL THE SIGN WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA STAFF RECOMMENDATION: Agency/Council adopt the resolution. 6 a. AGENCY PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT ISUPS-01-051 TO ALLOW THE DEVELOPMENT OF AN AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA - Perla Barraza/Smart-Mex, Incorporated 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. [Community Development Director] CONTINUED FROM THE MEETING OF MARCH 19.2002 6. b. AGENCY RESOLUTION ADOPTING MITIGATED NEGATIVE DECLARATION IS-01-38 AND APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PERLA BAR'RAZA/SMART-MEX, INCORPORATED FOR THE DEVELOPMENT OF AN AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA 6. c. RESOLUTION GRANTING A SPECIAL USE PERMIT (SUPS-01-051 TO PERLA BARRAZA/SMART-MEX INCORPORATED FOR THE DEVELOPMENT OF AN Redevelopment Agency, June 4, 2002 Page 3 AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA STAFF RECOMMENDATION: Agency adopt the resolutions. 7. a. PUBLIC HEARING TO CONSIDER GRANTING AN OWNER PARTICIPATION AGREEMENT AND SPECIAL USE PERMIT WITH ANTHONY RASO FOR THE DEVELOPMENT OF A 8.664 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA - On December 1, 2001, Agency staff received an application from Anthony Raso for a new restaurant/game center (La Bella Cafe and California Game Center) to be located at 289 G Street in the Town Centre I Redevelopment Project Area. Pursuant to the Town Centre Land Use Policy, the game center land use requires a Special Use Permit approved by the Redevelopment Agency Board. In addition, new construction requires the concurrent approval of an Owner Participation Agreement for development of the project. [Community Development Director] 7. b. AGENCY RESOLUTION APPROVING AN OWNER PARTICIPATION AGREEMENT WITH ANTHONY RASO FOR THE DEVELOPMENT OF A 8.664 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA 7. c. AGENCY RESOLUTION APPROVING A SPECIAL USE PERMIT FOR THE DEVELOPMENT OF A 8.664 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA STAFF RECOMMENDATION: Agency adopt the resolutions. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Agency, Council, staff, or members of the general public. The items will be considered individually by the Agency/Council and staff recommendation may in certain cases be presented in the alternative. Those who wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. 8. REPORT ON THE PROPOSED CONCEPT FOR THE AUTO PARK RIGHT.OF- WAY DESIGN AND PHASE II LANDSCAPED MEDIAN DESIGN ON MAIN STREET EAST OF 1-805 FROM NIRVANA ROAD TO HERITAGE ROAD IN THE OTAY VALLEY REDEVELOPMENT PROJECT AREA - Main Street east of 1.805 is among the primary entryways to the City of Chula Vista. Many residents and visitors from outside the community travel this stretch of roadway to concerts at the Coors Amphitheater or day trips to Knott's Soak Redevelopment Agency, June 4, 2002 Page 4 City, as well as to the Chula Vista Auto Park and other businesses in the area. In 1999, landscaping improvements were installed in the median between Nirvana Road and Heritage Road. Phase II of this project, already funded through an existing CIP, will be presented along with a conceptual plan for an Auto Park Right of Way design to benefit the area. The purpose of this report and presentation is to provide the Redevelopment Agency and public an opportunity to review and provide staff direction on these designs. [Community Development Director] STAFF RECOMMENDATION: Agency approve in concept the Auto Park Right of Way design and the Phase II Landscape Median design from Nirvana Road to Heritage Road on Main Street East of 1-805. 9. DIRECTOR'S REPORTlS) a. REPORT: ST. ROSE OF LIMA EDITORIAL 10. CHAIR/MAYOR REPORTlS) 11. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to the regular meeting of the Redevelopment Agency on June 18, 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 S 54957.7) 12. CONFERENCE WITH LEGAL EXPOSURE TO LITIGATION n 54956.9(8) COUNSEL REGARDING SIGNIFICANT Pursuant to Government Code Section Two Cases Redevelopment Agency. June 4, 2002 Page 5 II 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) a. City of Chula Vista v. Guillermo Rodriguez, DDS, et al. (Adams Dentistry) SDSC Case No. GIC781297 b. City of Chula Vista v. Curtis Bradford, el al. (Mrs. Cook & Lugs) SDSC Case No. GIC781296 AMERICANS WITH DISABILITIES ACT The City of Chula Vista, !in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommqdates to access, attend, and/or participate in a City meeting, activity, or service request such accommodFltion at least 48 hours in advance for meetings and five days for scheduled services and activities. Please cqntact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecomm~nications Devices for the Deaf (TOO) at (619) 585-5647. California Relay Service is also available for the he~ring impaired. Redevelopment Agency, June 4, 2002 Page 6 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA May 7, 2002 4:00 p.m. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 4:33 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: Padilla, Rindone, Salas and Chair/Mayor Horton ABSENT: Agency/Councilmembers: Davis (excused) ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, and City Clerk Bigelow CONSENT CALENDAR 1. APPROVAL OF MINUTES: April 9, 2002; April 16, 2002; and April 23, 2002 Staff recommendation: Agency approve the minutes. 2. AGENCY RESOLUTION NO. 1777, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $66,270 FROM THE BA YFRONT REDEVELOPMENT PROJECT FUND FOR PAYMENT TO AFFECTED TAXING AGENCIES CONSISTENT WITH HEALTH AND SAFETY CODE SECTION 33607.5 OF CALIFORNIA REDEVELOPMENT LAW Bayfront Redevelopment Plan Amendment No. 5 was adopted in July 1998 to incorporate an added area into the project area, permit the Agency to collect tax increment from the added project area, and to extend the time frame to incur debt and collect revenue from the original project area. In accordance with Redevelopment Law, the 1998 amendment obligated the Agency to comply with statutory taxing-agency payments for tax increment generated within both the original area and the added area. The resolution appropriates $66,270 in "pass-through" payments to the taxing agencies triggered by Amendment No.5. (Director of Community Development) Staff recommendation: Agency adopt the resolution. ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. /-1 ORAL COMMUNICATIONS There were none. PUBLIC HEARING 3. PUBLIC HEARING TO CONSIDER GRANTING AN OWNER PARTICIPATION AGREEMENT AND SPECIAL USE PERMIT WITH ANTHONY RASO FOR THE DEVELOPMENT OF AN APPROXIMATELY 8,700 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Horton opened the public hearing. There was no one in the audience wishing to speak. ACTION: Agency/Councilmember Rindone moved to continue the hearing to June 4, 2002. Chair/Mayor Horton seconded the motion, and it carried 4-0. OTHER BUSINESS 4. DIRECTOR'S REPORTS There were none. 5. CHAIR/MA YOR REPORTS There were none. 6. AGENCY/COUNCIL COMMENTS There were none. CLOSED SESSION 7. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Tuchscher vs. City of Chula Vista, Superior Court, County of San Diego, San Diego Judicial District, Court Case No. GlC758620 No action was taken on this item. ADJOURNMENT At 6:25 p.m., Chair/Mayor Horton adjourned the meeting to an Adjourned Regular Meeting of the Redevelopment Agency on May 14, 2002, at 6:00 p.m., immediately following the City Council meeting. --~6J-~~ Susan Bigelow, CMC/ili<, City Clerk Page 2 CounciVRDA Minutes I - ;)..... 05/07/2002 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY AND A SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA May 14,2002 6:00 P.M. Adjourned Regular Meetings of the City Council and Redevelopment Agency and a Special Meeting of the Public Financing Authority of the City ofChula Vista were called to order at 9:16 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agency/Authority/Councilmembers Davis, Padilla, Rindone, Salas, and Chair/Mayor Horton ABSENT: Agency/ Authority/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/Authority/ City Attorney Kaheny, City Clerk Bigelow ORAL COMMUNICATIONS There were none. ACTION ITEMS 1. RESOLUTION NO. 2002-161, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GUARANTEED MAXIMUM PRICE (GMP) OF $51,710,422 FOR THE CONSTRUCTION OF THE POLICE FACILITY BY HIGHLAND PARTNERSHIP, INC. (HPI) On November 20, 2001, by Resolution 2001-399, the Council approved an agreement with Highland Partnership, Inc. (HPI) for services required to design and construct the new police facility and related improvements. As a condition of that agreement, HPI was to prepare a guaranteed maximum price (GMP) for the successful completion of the police facility as soon as construction documents were 50% completed. With the 50% completion of construction documents being accomplished in April, HPI presented the GMP to staff for review on May 1,2002. City staff reviewed the $51,710,422 GMP and believes it to be an accurate evaluation of the cost to complete the police facility. (Director of Building and Park Construction) ACTION: Deputy Mayor Padilla offered Resolution No. 2002-161, heading read, text waived. The motion carried 5-0. (-3 2. A. RESOLUTION NO. 2002-162, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SALE AND DELIVERY OF NOT TO EXCEED $62,000,000 2002 CERTIFICATES OF PARTICIPATION, (POLICE FACILITY PROJECT), APPROPRIATING $44,734,190 TO THE POLICE HEADQUARTERS PROJECT (PS149) AND $5,205,000 AS REIMBURSEMENT TO THE GENERAL FUND FOR MONIES PREVIOUSLY SPENT ON THE PROJECT BASED ON ANTICIPATED PROCEEDS FROM THE SALE OF THE CERTIFICATES OF PARTICIPATION, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH B. RESOLUTION NO. 2002-5, RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY APPROVING A LEASE/PURCHASE AGREEMENT WITH THE CITY OF CHULA VISTA AND CERTAIN OTHER DOCUMENTS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE 2002 CERTIFICATES OF PARTICIPATION, (POLICE FACILITY PROJECT) IN A PRINCIPAL AMOUNT NOT TO EXCEED $62,000,000 The Council previously approved a capital project to acquire property and to construct a new police headquarters facility and directed staffto return with recommended long-term financing. For the portion of the project that will not be funded with existing resources, staff recommends approval of long-term borrowing by issuing Certificates of Participation in an amount not to exceed $62,000,000. (Assistant City Manager Powell) ACTION: Agency/Authority/Councilmember Davis offered Council Resolution No. 2002- 162 and Public Financing Authority Resolution No. 2002-5, headings read, texts waived. The motion carried 5-0. OTHER BUSINESS 3. DIRECTOR'S REPORTS There were none. 4. CHAIR/MA YOR REPORTS There were none. 5. AGENCY/COUNCIL COMMENTS There were none. CLOSED SESSION 6. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Tuchscher vs. City of Chu1a Vista, Superior Court, County of San Diego, San Diego Judicial District, Court Case No. GIC758620 This item was not discussed. Page 2 Council/RDAlPF A Minutes !-tf 05/14/2002 CLOSED SESSION (Continued) 7. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.0(b) One Case This item was not discussed. ADJOURNMENT At 9:40 p.m., Chair/Mayor Horton adjourned the meeting to an Adjourned Regular Meeting of the Redevelopment Agency on May 28, 2002, at 6:00 p.m., immediately following the City Council meeting. J~ ~~ loA Susan Bigelow, CMC/AAE, City Clerk Page 3 CounciI/RDAlPF A Minutes I-~ 05/14/2002 PAGE 1, ITEM NO.: .;;L MEETING DATE: 06-04-02 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL INITIATING THE PROCESS AND SETTING THE DATE AND TIME FOR A JOINT PUBLIC HEARING TO CONSIDER AMENDING THE MERGED SOUTHWEST REDEVELOPMENT PLAN TO EXTEND EMINENT DOMAIN AUTHORITY FOR AN ADDITIONAL TWELVE- YEAR PERIOD SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR cp-~ e-S "' REVIEWED BY: CITY MANAGER Cfy ~ krlv ITEM TITLE: 4/5THS VOTE: YES D NO ~ BACKGROUND The Southwest Redevelopment Plan was adopted on November 27, 1990 in order to improve deteriorated properties in the areas along Main Street, south Broadway, and south Third Avenue. Since its adoption, the Southwest Plan has permitted the use of eminent domain authority to acquire properly within the redevelopment area. Under applicable redevelopment law and the Southwest Plan, the Agency's eminent domain authority is restricted to an initial 12-year time period following the effective date of the ordinance adopting the Plan. The Plan's eminent domain authority is scheduled to expire on November 27, 2002. However, California Redevelopment Law allows the Redevelopment Agency and City Council to amend the Plan to extend eminent domain for another 12-year period. Attached as Exhibit A is the proposed amendment. This report outlines the process that must be followed, pursuant to redevelopment law, to effectuate the proposed amendment. The joint resolution being presented tonight for consideration will initiate the proposed amendment process, refer the proposed amendment to the Planning Commission for consideration and recommendation, and set the time and date for the joint public hearing to adopt the amendment. RECOMMENDATION Staff recommends that the Redevelopment Agency/City Council adopt the resolution initiating the amendment process and set the date and time for the public hearing. BOARDS/COMMISSIONS RECOMMENDATION No action is needed of the Planning Commission at this time. Adoption of tonight's joint resolution will refer the proposed amendment to the Planning Commission for recommendation. c;;2 - I PAGE 2, ITEM NO.: MEETING DATE: 06-04-02 DISCUSSION Since its adoption in 1990, the Southwest Redevelopment Plan has permitted the use of eminent domain to acquire properly within the project area. Under the plan, the Agency's eminent domain authority is restricted to a 12-year period following the effective date of the ordinance adopting the Plan. The Plan's eminent domain authority is scheduled to expire on November 27, 2002. However, under the California Community Redevelopment Law, this eminent domain time limit may be extended by up to 12 years if the Agency undertakes the plan amendment effort as prescribed by Law. Attached is the proposed Fourth Amendment to the Southwest Redevelopment Plan, which shows the language that need to be added to amend the plan. The added phrase appears underlined on the third paragraph of Section 503 (page 5) of the existing plan. Said paragraph with the proposed amendment reads as follows: "Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire properly within the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting the Fourth Amendment to this Plan on September 18. 2002. Such time limitation may be extended only by amendment of this Redevelopment Plan." Although it has been sparingly used, the ability to acquire property through the use of eminent domain has been an effective tool to facilitate redevelopment of the Project Area. While the Agency does not have specific plans to use eminent domain to acquire properly at this time, staff recommends preserving this authority in the event that it is necessary to complete future redevelopment projects. The proposed Fourth Amendment would extend the Agency's eminent domain authority by 12 years to 2014. The proposed Fourth Amendment to the Southwest Plan involves a process and a variety of actions that take approximately 5 to 6 months to conclude. Attachment A is the Schedule of Actions and specific dates for these actions to take place. Tonight's action will officially initiate the process and will refer the proposed amendment to the Planning Commission for recommendation at its meeting of June 26, 2002. As set forth in the Law, both the City Council and the Agency are required to adopt resolutions setting the date and time of the joint public hearing to consider the Fourth Amendment and the pertaining documents and evidence. As stated in tonight's resolution, the joint public hearing is scheduled for the City Council/Agency meeting on Tuesday, August 6, 2002, at 4:00 p.m. (or as soon as possible thereafter) in the Council Chambers. The resolution authorizes staff to proceed with the necessary activities to prepare, publish, and mail the joint public hearing notice to all residents, business, and properly owners within the Project Area. In addition, the joint public hearing notice needs to be published for three successive weeks in a newspaper of general circulation. .;2.-:L PAGE 3, ITEM NO.: MEETING DATE: 06-04-02 FISCAL IMPACT The amendment process, including the ioint public hearing, will involve notice mailing and publication costs of approximately $8,000. ATTACHMENTS Attachment A: Schedule of Actions for the 2002 Fourth Amendment to the Southwest Redevelopment Plan J:\COMMDEV\STAFF.REP\06-04-02\Fourth Amendment to Southwest Plon.doc [05/2812002 2:53 PM] 02-3 AGENCY RESOLUTION NO. AND COUNCIL RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA INITIATING THE PROCESS AND SETTING THE DATE AND TIME FOR A JOINT PUBLIC HEARING TO CONSIDER AMENDING THE MERGED SOUTHWEST REDEVELOPMENT PLAN TO EXTEND EMINENT DOMAIN AUTHORITY FOR AN ADDITIONAL TWELVE- YEAR PERIOD WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 2420 on November 27, 1990, approving and establishing the Redevelopment Plan for the Southwest Redevelopment Project, and the City Council has since amended said Redevelopment Plan on July 9, 1991 by Ordinance No. 2467, on November 6, 1994 by Ordinance No. 2612, and on August 22, 2000 by Ordinance No 2819; and, WHEREAS, the City of Chula Vista Redevelopment Agency ("Agency") has proposed a fourth amendment to the Redevelopment Plan for the Southwest Redevelopment Project ("Amendment") in the form attached hereto as Exhibit "A"; and WHEREAS, the Amendment proposes to extend the time limit to commence eminent domain on any Project Area property except for residential property in a residential zone; and WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Section 33000 ~ seQ. ("Law"), a joint public hearing on the Amendment may be held with the consent of the City Council and Agency. NOW, THEREFORE, BE IT RESOLVED that the City Council and Redevelopment Agency of the City of Chula Vista do hereby: 1. Initiate the process for a Fourth Amendment to the Merged Southwest Redevelopment Plan for the purpose of extending eminent domain authority for an additional twelve-year period and direct staff to take all necessary and appropriate actions to process the amendment; and 2. Authorize and consent to holding a joint public hearing with the City of Chula Vista City Council and Redevelopment Agency on August 6, 2002, at 4:00 p.m. in the Council Chambers, for the purpose of considering the proposed Fourth Amendment Presented by c,,(i;"" ~ Director of Community Development Approved as to form by ~ J:ICOMMDEVlRESOSIFourth Amendment.doc c::2 -1 EXHIBIT A FOURTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED SOUTHWEST REDEVELOPMENT PROJECT The Redevelopment Plan for the Merged Southwest Redevelopment Project adopted on November 27, 1990 by Ordinance No. 2420, as amended on July 9, 1991 by Ordinance No. 2467, November 6, 1994 by Ordinance No. 2612, and August 22, 2000 by Ordinance No. 2819 (the "Plan"), is hereby further amended as follows: Section 503 of the Plan is hereby amended to read as follows: "1. (503) Acquisition of Real Property The Agency may acquire real property by any means authorized by law, including by gift, grant, exchange, purchase, cooperative negotiations, lease or any other means authorized by law including eminent domain. However, for the duration of the Redevelopment Plan, the Agency shall not exercise the power of eminent domain to acquire any residential dwelling units, except with the consent of the owner, that are then being used for residential purposes, within land use designations or zoning classification areas designated for such residential purposes under the adopted Specific and General Plans of the City of Chula Vista, or as these documents may hereafter be amended by the City of Chula Vista. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (I) such building requires structural alteration, improvement, modernization, or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape, or use; or (3) it is necessary to impose upon such property any of the standard restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement. Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting the Fourth Amendment to this Plan on Julv ] 7. 2002. Such time limitation may be extended only by amendment of this Redevelopment Plan." 02 - .s- C:lMyFiles\ProjeclSlPlan Amendments & Expansion\Amdment 10 Southwest PJan.doc CHULA VISTA REDEVELOPMENT AGENCY SCHEDULE OF ACTIONS 2002 EMINENT DOMAIN AJ\.'lENDMENT SOUTHWEST REDEVELOPMENT PLAN ATTACHMENT A STATUS TARGET DATE DOCUMENTS REQUIRED ACTIONIRESPONSIBILlTY Underway MARCH 4, 2002 Rosenow Spevacek Group (RSG) and Agency Staff (Start) _ Begin preparing Draft Redevelopment Plan amendment. Report to City Council, and Initial StudylNegative Declarntion. JUNE 4, 2002 JUNE 5, 2002 (Circulate June 5, 2002 Through July 5, 2002) Agency- Refers amendment to Planning Commission for their report and recommendation Agency - Set Joint Public Hearing. Adopts resolution calling far, and setting dale and time of, the joint public hearing on the Amendment. City Council- Set Joint Public Hearing. Adopt resolution setting the date and time for a joint public hearing on the proposed Amendment [CRL Section 33458] Staff - Nega#ve Declare/lion (based on Jnitia{ StudylNegative Declaratioll). Mail Notices of Availability of Negative Declaration to laxing entities and responsible agencies. Commence 3[)"day circulation period. [Pub. Resources Code 21091,21092 and 21092.3] DUE by May 21, 2002 . Staff Report Resolution Draft Amendment .. Negative Declaration DUE by May 21, 2001 * Staff Report * Resolution Chula Vista RCl:II:vdopmcnt Agency Updalcd; Mlly6. 2002 City Cuuncil and Redevelopment Agency Meel I" & J'. Tuesdays Planning CtlRUnission /l.lc.c15 2"" & 4'" WL.,jne~dDY5 02-C:. STATUS T ARGH DATE DOCUMENTS REQUIRED ACTlONIRESPONSIBlLITY JUNE 26, 2002 JULY 5, 2002 JULY 16, 2002 WEEKS OF JULY 15,2002 JULY 22, 2002 JULY 29, 2002 Planning Commlsslon- Report find Recvmmendtllioll. Adopt resolution recommending that the Agency and City Council adopt tbe Amendment pursuant to Agency Resolution No. 1536. Starr - No/ices. Mail the Notices of loint Public Hearing (via first class mail) to the last known assessee of each parcel, residents and businesses within the Project Area at least thirty (30) days prior to the Public Hearing. (CRL Section 33452(b)] RSG - Mail Notices of Joint Public Hearing (via certified mail, return receipt requested) to the governing body of the taxing entities that levy taxes upon property ill the Project Area. [CRL Section B452(d)] Agency - Report to the City Council. Adopt resolution approving Report to Council and submitting the Report and Amendment to City Council. Starr - Publish No/ice. Publish Nolice of Joint Public Hearillg for three (3) consecutive weeks in a newspaper of general circulation (CRL Section 33452 (a)]. Publish notice and map in the newspaper. DUE by June 12, 2002 . SlaffReport . Resolution DUE by June 21, 2002 * Mailing List of Property Owners, Businesses, and Residents * Mailing List ofTa,ing Entities . Notice of Joint Public Hearing . Cover Letters DUE by July 2, 2002 * SlafTReport * Resolution . Report to City Council . Redevelopment Plan Text Amendment DUE by July 15. 2002 * Notice of Joint Public Hearing Project Area Map C1ultaVislaRcdevelopmCIlIA;clIC)' Updaled:May6,2002 2 City CnUlICil i1lld Rct.lC'o"elupmClll AgclIC)' MccI 1" & 3.... Tuesdays rliulIlillg Commission Meels ZooI & 4'" WedllClldil)"! .;l.-7 STATUS TARGET DATE DOCUMENTS REQUIRED ACTIONIRESPONSIBILITY AUGUST 6, 2002 SEPTEMBER 3. 2002 (If written objections Ofe submitted.) Agency and City Council ~ Joint Public Heuring. Hold a joint public hearing on the proposed Amendment. Agency - Resolufioll. Adopt resolution approving Negative Declaration and \mllen responses to written objections. Oty Councll- Flrsl Reading. City Council conducts tiTst reading of ordinance npproving Negative Declaration, approving written responses to written objections, and adopting the Amendmenl [CRL Sectiolls 33364. 33365. 33367,33450, and 33457.1] SEPTEMBER 17,2002 City Council ~ Second Rf!{./ding. Second reading of ordinance adopting the AmendmenL SEPTEMBER 18,2002 City Clerk - Tnlllsm;/ Ordimmce.. Transmit copies of the ordinance to the Agency. [CRL Section 33372] City Clerk - File No/ice of Determination. Staff files Notice of Detennination regarding the Negative Declaration with the County . Recorder. [Pub. Resources Code 21152; CEQA Guidelines 15075 'nd 15096(1).J SEPTEMBER 26, 2002 City Clerk - Trcmsmit No/ice. Transmit Notice of Amendment to the County Recorder. (CRL Section 33456J DUll: by July 23. 2002 * Agenda Program ... Document Binders with - Report to City Council - Redevelopment Plan Amendment ~ Negative Declaration DUE by ALlgu$! 20, 2002 '" Staff Report '" Resolution . Written Responses DUE by August 20, 2002 Ordinance .. Written Responses Cover Letler Notice of Detennination Chub.. Vista Rooc\'e1opmenl Ase"')' Updated:M3y6,2002 3 City Council and RedeVelopment Agent:y Meet ]<1 & J" Tuesday. Plnnning Commission Meets 2"~ & 4'" WcdllCsdars .;?-~ STATUS TARGET DATE ACTlONIRESPONSfBlLITY DOCUMENTS REQUIRED SEPTEMBER 26, 2002 City Clerk - Publish Ordinance. Send Ordinance 10 newspaper . Ordinance for publication. OCTOBER 17,2002 Ordinance Effective (30 days after second reading) OcrOBER 18,2002 30-<l8Y period ends to legally challenge tbe adequacy of the Negadve Declaration. If no legal challenges arc filed by this date, the Negative Dedana.t1on Is considered to be legal. NOVEMBER 18,2002 Period for filing challenges 10 the ordinance expires 160 dB}'s after adoption of ordinance (second reading)l. (CRL Section 33500) NOVEMBER 27, 2002 Deadline to adopt Amendment (12 years after original adoption of Rcdevlopment Plan). Oiula Vista Rll'lIevclopmcnl Agency Updalc:d;Ma}'6,200l 4 CilY CuullCilBnd Rcdllvdopmcnt Agency Mo:c:! I"t.: ]r<lTuesdays PlllmlLng Cmnmiuion Meets 2001 &..'" Wcdlles<Ja)'5 c:<-Cj PAGE 1, ITEM NO.: ..3 MEETING DATE: 06/04/02 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: PUBLIC HEARING: TO CONSIDER GRANTING A SPECIAL USE PERMIT (TC-02-02) TO ALLOW THE CONSTRUCTION OPERATION, AND MAINTENANCE OF A WIRELESS TELECOMMUNICATIONS FACILITY AT 45 NORTH BROADWAY WITHIN THE TOWN CENTRE II REDEVELOPMENT PROJECT AREA SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR 6-':>, REVIEWED BY: EXECUTIVE DIRECTOR U r:.. " 4/5THS VOTE: YES D NO 0 Staff requests that this item be continued to the Redevelopment Agency meeting of June 18, 2002. PAGE 1, IIEM NO.: 4 MEETING DATE: 06/04/02 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM TITLE: JOINT PUBLIC HEARING - PROPOSED DISPOSITION OF CERTAIN PROPERTY (NEW POLICE HEADQUARTERS SITE) BY THE REDEVELOPMENT AGENCY TO THE CITY JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONSENTING TO AND APPROVING THE CONVEYANCE OF CERTAIN PROPERTY (NEW POLICE HEADQUARTERS SITE) BY THE AGENCY TO THE CITY OF CHULA VISTA AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L\J-- ~ C> REVIEWED BY: EXECUTIVE DIRECTOR/CITY MANAGERCaA~ -V(" " 4/5THS YOTE: YES D NO ~ BACKGROUND On July 10, 2001, the Redevelopment Agency purchased the former Chula Vista Shopping Center site at the southeast corner of Fourth Avenue and "F" Street for the development of a new Police Headquarters facility. The construction of the police facility is now moving forward and the subject property will be conveyed from the Redevelopment Agency to the City of Chula with this action. This report also serves as a "Summary Report" of the proposed conveyance, pursuant to California Redevelopment Law. RECOMMENDATION Hold the Joint Public Hearing and Adopt the Resolutions. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION This action transfers the 2.85 acre Police Headquarters property from the Redevelopment Agency to the City, as required for construction financing purposes. This report also functions as a "Summary Report" of the conveyance, pursuant to Health and Safety Code Section 33334 of the California Redevelopment Law. 4- I PAGE 2, ITEM NO.: MEETING DATE: 06/04/02 Summary Report The cost af acquisition of the Police Headquarters site by the Redevelopment Agency was $4,786,130. In addition, the cost of relacation of tenants borne by the Redevelopment Agency was $875,000 plus an undetermined but minor additional cost associated with two final relocation settlements that are currently pending. The Police facility will provide a benefit to the Town Centre I Redevelopment Project Area and surrounding community by maintaining a significant public facility in the downtown area, encouraging further investment in the surrounding neighborhood, and providing significant public safety enhancements benefiting the Project Area and the surrounding community. The Police facility project financing would not have been feasible but for the inclusion of Redevelopment financial assistance. An earlier preferred site which required no direct acquisition or relocation costs was eliminated due to community opposition. The additional cost of the private parcel acquisition and relocation necessitated the use of eligible Redevelopment Agency financial assistance through the Agency's 2000 Tax Allocation Bond proceeds. The Agency's conveyance of the property will assist directly in the elimination of blighting conditions within the Town Centre J Redevelopment Project Area. The acquisition resulted in the demolition of an aging and underutilized commercial strip property built to antiquated standards for commercial development and long partially vacant. It is anticipated that additional blighted properties within the Project Area will become more desirable for redevelopment with the construction of the new Police Headquarters facility. The conveyance of property detailed herein is consistent with the adopted Town Centre I Redevelopment Implementation Plan (1999), adopted pursuant to Section 33490 of the California Redevelopment Law. The construction of the Police facility within the Project Area meets the Redevelopment Plan's goal of retaining civic institutions within the City's historic downtown core. The estimated value of the property being conveyed ($4,786,130) is determined to be at the highest and best use permitted under the Town Centre I Redevelopment Plan and under applicable zoning standards. FISCAL IMPACT None with this action. ATTACHMENTS Quitclaim Deed J:\COMMDEV\ST AFF. REP\06.04.02\pdquickcla;m.dac 4-~ AGENCY RESOLUTION NO. AND COUNCIL RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONSENTING TO AND APPROVING OF THE CONVEYANCE OF CERTAIN PROPERTY BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA TO THE CITY OF CHULA VISTA AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is a redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq., ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council ("City Council") of the City of Chula Vista ("City") and the Agency is engaged in activities necessary to carry out and implement the Redevelopment Plan for Town Center I; and WHEREAS, the City Council, acting pursuant to the provisions of the CRL has adopted the Redevelopment Plan ("Redevelopment Plan") for the Town Center i Redevelopment Project Area ("Project Area"); and WHEREAS, the Agency previously acquired certain real property for redevelopment purposes with tax increment funds which property is approximately 2.85 acres in size and generally located at the southeast corner of Fourth Street and F Street, Chula Vista in the Project Area ("Property"); and WHEREAS, the City now desires to acquire the Property from the Agency in order to obtain the land for a public facility and thereafter for the City to construct thereon a new police facility ("Police Facility"); and WHEREAS, the Agency desires to convey the Property to the City for the Police Facility; and WHEREAS, the City and the Agency desire to accomplish the disposition of the Property by the Agency to the City by a quitclaim deed ("Conveyance"); and WHEREAS, the Agency and City desire to carry out the Conveyance in order to implement the provisions of the Redevelopment Plan and the Agency's Implementation Plan for the Project Area prepared pursuant to Section 33490, consistent with the objectives of such plans; and WHEREAS, pursuant to CRL Section 33431 the Agency must hold a public hearing prior to the disposition of the Property and pursuant to Section 33433 the Agency is authorized, with the approval of the City Council after public hearing, to accomplish the Conveyance pursuant to the Redevelopment Plan upon certain determinations of the City Council; and WHEREAS, a joint public hearing of the Agency and City Council on the proposed Conveyance was duly noticed in accordance with the requirements of CRL, including sections 33431 and 33433, as and to the extent applicable; and WHEREAS, in accordance with the requirements of CRL a summary report has been prepared, made availabie for public review and inspection during the publication period, and reviewed by the City Council and Agency; and WHEREAS, the summary report includes (a) a copy of the quitclaim deed between the Agency, as grantor, and the City, as grantee, which is the proposed form of conveyance deed, and (b) a discussion regarding (i) the cost of the Property to the Agency, including land acquisition and relocation costs, (ii) how q-3 the Agency's Conveyance of the Property will assist in the elimination of one or more of the blighting conditions inside the Project Area and is consistent with the Agency's Implementation Plan adopted pursuant to CRL section 33490, and (iii) the estimated value of the Property to be conveyed determined at the highest and best uses permitted under the redevelopment plan for the Project Area. WHEREAS, the Agency and City Council held a joint public hearing on the proposed Conveyance of the Property for the Police Facility for the purpose of receiving public input and comment and evaluated all of the information, testimony, and evidence presented during the joint public hearing; and WHEREAS, all actions required by applicable laws with respect to the proposed Conveyance of the Property for the Police Facility have been taken pursuant to the CRL; and WHEREAS, the Conveyance of the Property for the Police Facility is consistent with the Implementation Plan of the Agency adopted pursuant to CRl section 33490 and such actions will eliminate one or more of the blighting conditions in the Project Area; and WHEREAS, the Agency and City Council have duly considered all terms and conditions of the proposed Conveyance of the Property for the Police Facility and believe the proposed Conveyance of the Property for the Police Facility is in the best interests of the City of Chula Vista and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW THEREFORE, THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA DO RESOLVE, FIND, AND DETERMINE AS FOllOWS: Section l. Resolution. The foregoing Recitals are true and correct and are a substantive part of this Section 2. The Conveyance of the Property for the Police Facility will assist in the elimination of one or more blighting conditions in the Project Area and are consistent with the Agency's Implementation Plan. Section 3. The Conveyance is approved. Section 4. The City Council and Redevelopment Agency hereby authorize the City Manager and Executive Director or his designee or any other proper officer of the City and Agency to execute the quitclaim deed for the Conveyance and any other implementing agreements, certificates, or other documents necessary to accomplish the Conveyance and to carry out the Conveyance. Section 5. The City Clerk/Agency Secretary shall certify to the adoption of this Resolution. Presented by Approved as to form by ~~~ Chris Salomone Director of Community Development J:\COMMDEV\RESOS\PD Conveyance.doc 4-1 ATTACHMENT A RECORDING REQUESTED BY: City ofChula Vista WHEN RECORDED MAIL TO: Stradling Y occa Carlson & Rauth 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 Attn.: Robert J. Whalen, Esq. [Space above for recorder.] Assessor's Parcel Nos.: 568-270-03-00 and 568-270-11-00 This document is exempt from payment of a recording fee pursuant to Government Code Section 27383. The undersigned grantor declares: This transaction is exempt from the payment of documentary transfer tax pursuant to Revenue and Taxation Code Section 11922. QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body, corporate and politic ("Grantor"), does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF CHULA VISTA, a municipal corporation duly organized and existing under the Constitution and laws of the State of California, all of Grantor's right, title, and interest in and to that certain real property located in the City of Chula Vista, County of San Diego, State of California, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of 2002. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body, corporate and politic By: Its: Agency Chairman ATTEST: Agency Secretary DOCSOC\897397v 1 \24036.0025 q-S Mail Tax Statements to: City of Chula Vista 276 Fourth A venue Chula Vista, California 919]0 Attention: Director of Finance DOCSOC\897397v] \24036.0025 4-(; CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed under the foregoing to the City of Chula Vista, a municipal corporation duly organized and existing under the Constitution and laws of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City of ChuJa Vista, pursuant to authority conferred by Resolution No. of the said City Council adopted on June 4, 2002, and the grantee consents to recordation thereof by its duly authorized officer. Dated: CITY OF CHULA VISTA By: Its: City Clerk DOCSOC\897397v 1\24036.0025 4-7 STATE OF CALIFORNIA ) ) ss. ) COUNTY OF SAN DIEGO On ,2002 before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(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/herltheir 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 and official seal SIGNATURE OF NOTARY PUBLIC DOCSOC\897397v I \24036.0025 4-~ EXHIBIT A LEGAL DESCRIPTION That real property in the City of Chula Vista, County of San Diego, State of California, described as follows: Parcel I: That portion of Lot 17 in Quarter Section 137 of Chula Vista, in the City of Chula Vista, County of San Diego, State of California, according to the Map thereof No. 505, filed in the Office of the County Recorder of said County, March 13, 1888, described as follows: Beginning at a point in the Southeasterly line of said Lot 17; South 71 west 323.75 feet from the Southeasterly corner of said Lot, said point being on the Northeasterly line of the land described in deed to the San Diego and Arizona Railway Company, recorded June 24, 1919 in Book 789, Page 25 of Deeds; thence along said Northeasterly line North 54 deg 06 min 30 sec West to the Northerly line of the Southerly 30.00 feet of said Lot 17, being the true point of beginning; thence continuing along the Northeasterly line of said Railway Company land, North 54 deg 06 min 30 sec West to the beginning of a 479.27 foot radius tangent curve in said Northeasterly line; thence Northwesterly along said curve, to the left, 219.60 feet to a point in the Northwesterly line of said Lot 17; thence Northeasterly along said Northwesterly line to the Northeasterly comer of said Lot 17; thence Southerly along the Northeasterly line of said Lot 17 to the Northerly line of the Southerly 30.00 feet of said Lot 17; thence South 71 deg West along said Northerly line to the true point of beginning. APN: 568-270-03-00 Parcel 2: That portion of Lot 17 in Quarter Section 137 of Chula Vista, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 505, filed in the Office of the County Recorder of San Diego County, March 13, 1888, described as follows: Beginning at a point at the Northwesterly corner of Lot 17 in said Quarter Section 137; thence North 71 deg East along the Northerly line of said Lot 17, 34 feet to a point; thence Southeasterly on a curve to the right, having a radius of 479.27 feet, 219.6 feet to a point; thence South 54 deg 06 min 30 sec East, tangent to said curve, 177.96 feet to a point of the Southerly line of said Lot 17, said point being 323.75 feet South 71 deg West from the Southeasterly comer of said Lot 17; thence South 71 deg along the said Southerly line of said Lot 17, 48.88 feet to a point; thence North 54 deg 06 min 30 sec West, 149.84 feet to a point; thence Northwesterly on a curve to the left having a radius of 439.27 feet, 217.96 feet to a point on the Westerly line of said Lot 17; thence North 19 deg West along the Westerly line of said Lot 17,27.35 feet to the point of beginning. Excepting therefrom that portion of Lot 17 of the Southwest Quarter Section 137 of Map of Chula Vista, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 505, filed in the Office of the County Recorder of San Diego County, more particularly described as follows: Beginning at the Northwest corner of said Lot 17, also being the true point of beginning; thence Easterly along the Northerly Lot line of said Lot 17, also being the Southerly right of way line of"F" EXHIBIT A-I DOCSOC\897397v I \24036_0025 4-9 Street, according to said Map No. 505, bearing North 71 deg 24 min 59 sec East, a distance of 21.98 feet to the tangent point of a curve concave Southeasterly with a radius of 22.00 feet; thence Southwesterly along the arc of said curve through a central angle of 89 deg 56 min 17 sec, a distance of34.53 feet to the point of tangency to the Easterly right of way line of Fourth Avenue, according to said Map No. 505; thence Northerly along said line bearing North 18 deg 31 min 18 sec West, a distance of21.98 feet to the true point of beginning. Excepting therefrom all minerals, coals, oils, petroleum, gas and kindred substances under and in said land but without the right of entry of the surface thereof, but with the right, however, to drill in, through or under said land or to explore, develop or take all minerals, coals, oils, petroleum, gas and other kindred substances in and from said land, all such operations to be conducted below a depth of 500 feet below the surface thereof, as reserved in deed recorded March 11, 1991 as file no. 91-0106385 of Official Records. APN: 568-270-11-00 DOCSOC\897397v I \24036.0025 EXHIBIT A-2 4-/() PAGE 1, ITEM NO.: 5" MEETING DATE: 06/04/02 JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT ITEM TITLE: PUBLIC HEARING: TO CONSIDER APPROVING THE SIGN DESIGN CONCEPT FOR THE DOWNTOWN MONUMENT SIGN, AND THE LOCATION FOR INSTALLATION OF THE MONUMENT SIGN; AND DIRECTING STAFF TO SOLICIT BIDS FROM QUALIFIED SIGN CONTRACTORS TO FABRICATE AND INSTALL THE DOWNTOWN MONUMENT SIGN WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY APPROVING THE SIGN DESIGN CONCEPT FOR THE DOWNTOWN MONUMENT SIGN, AND LOCATION; AND DIRECTING STAFF TO SOLICIT BIDS FROM QUALIFIED SIGN CONTRACTORS TO FABRICATE AND INSTALL THE SIGN WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR Lt}-*" ~ /" REVIEWED BY: EXECUTIVE DIRECTOR~ f'1);V 'I 4/5THS VOTE: YES D NO 0 BACKGROUND The downtown monument sign is part of a comprehensive effort to revitolize and beautify Chula Vista's downtown "core," The idea of establishing a downtown monument sign came as a result of proactive efforts among downtown stakeholders to implement the "vision" of establishing downtown Chula Vista as the business, entertainment, civic, and cultural focal point of the city. Additionally, recent and proposed downtown redevelopment, including increased business improvement activities spearheaded by the Downtown Business Association has steadily increased the momentum in truly transforming the downtown "core" into a vibrant central business district Included as Attachment 1 is the proposed sign design concept and Attachment 2 identifies the proposed location, The monument sign design work was initiated in early February when Graphic Solutions, a firm experienced in the creation of similar sign projects, was retained by the city to provide design expertise. Staff and do,wntown stakeholders provided input early in the process, which guided Graphic Solutions to design a unique monument sign that is creative, colorful, and complementary to the downtown area. Thereafter, a series of meetings enabled staff to work closer with Graphic Solutions, the Downtown Business Association, and .other downtown stakeholders to refine the concept design, which will be incorporated in a crossover sign S-I PAGE 2, ITEM NO.: MEETING DATE: 06/04/02 (spanning) and have an image of a sun and waves similar to the city's logo. The meetings also provided the participants the opportunity to discuss and eventually select the proposed location for installation of the sign, which is located at the most narrowest segment of Third Avenue between /IF" and "G" Streets. The Planning and Environmental Manager has determined that the project is categorically exempt from the California Environmental Quality Act under Class 3 of Section 15303(c). which refers to the new construction of small structures. The proposed project is consistent with the City's General Plan, Zoning Ordinance, Town Centre I Redevelopment Plan, and corresponding Land Use Policy. Staff is presenting the concept design and the proposed location for installation of the monument sign to City Council/Redevelopment Agency for consideration. Proiect funding out of Tax Allocation Bond Proceeds is contemplated, and these funds have been set-aside for this purpose. Final approval of this funding source will be requested at the time the fabrication contract is awarded. RECOMMENDATION Staff recommends that the City Council/Redevelopment Agency hold the required public hearing, take public testimony, if any, and approve the resolution approving: 1. The sign design concept for the downtown monument sign, and the location for installation; and 2. Directing staff to solicit bids from qualified sign contractors to fabricate and install the downtown monument sign within the Town Centre I Redevelopment Project Area. BOARDS/COMMISSIONS RECOMMENDATION On April 10, 2002, the Town Centre Project Area Committee unanimously voted in favor of the concept design for the Downtown Monument Sign, and the proposed location for installation. The concept design, and the proposed location is supported by the following groups: Downtown Business Association (DBA), DBA Design Committee, Cultural Arts Committee, Chula Vista Chamber of Commerce, and the Chula Vista Design Review Committee. Please note that the PAC serves as the recommending body to the City's Redevelopment Agency in regards to planning and/or redevelopment matters in the Town Centre Redevelopment Area, therefore not requiring a public hearing with the City's Planning Commission to consider this item. S-:2.. PAGE 3, ITEM NO.: MEETING DATE: 06/04/02 DISCUSSION The Town Centre I Redevelopment Area was adopted in 1976 as a unique area in Chula Vista that requires special attention and consideration in order to eliminate ond reverse physicol and economic deteriorating conditions, and to provide and maintain the necessary infrastructure to revitalize and redevelop the area. The downtown monument sign is part of this comprehensive effort to revitalize the downtown area, and implement the "vision" of estoblishing downtown Chula Vista as the business, entertainment, civic, and cultural focal point of the city. Work on the monument sign is the culmination of proactive business efforts from the downtown business community, and recent and proposed redevelopment activities that is steadily transforming downtown into a vibrant central business district. Planned as the first phase, the monument sign will provide the downtown "core" with a unique and aesthetically beautiful downtown amenity that will showcase the downtown area, and notify visitors that they are in the "heart" of Chula Vista. Subsequent phases will include the creation of smaller scale monument signs similar in character and theme at the northern entryway (area between Davidson and "E" Street on Third Avenue). and possibly the southern entryway (area around Third Avenue and "H" Street) into the downtown area. The sign design work for subsequent phases will commence after completion of the proposed larger monument sign due to the urgency of fabricating and installing the monument sign in time for the 2002 Starlight Yule Parade, and the lengthy process involved in planning, creating, and reaching community consensus for this type of product. The sign also showcases the new "Third Avenue" district branding that has been recommended in recent market analysis work conducted for the Agency by Economic Research Associates. Future signage along Third Avenue will utilize this concept, and similar specific "district" branding approaches are being considered for Broadway and Main Street. The proposed area for installation of the monument sign is located at the most narrowest segment of Third Avenue between "F" and "G" Streets. Specifically, the sidewalk pop outs located just south of the east-west pedestrian crosswalk adjacent to Park Way. Staff and downtown stakeholders selected the proposed location due to the visual impact, the close proximity to Memorial Park, and the site working well with downtown special events, such as the car show, farmers market, Cinco de Mayo, Starlight Yule Parade, and other downtown activities. Other major factors that influenced the site selection process includes technical capabilities, particularly access to electrical power, and it being located along the narrowest segment of Third Avenue, thereby making it more cost efficient and physically feasible for installation of a crossover sign. Concept Desiqn As identified earlier in February 2002, the City hired Graphic Solutions to provide sign design expertise for the downtown monument sign. The proposed monument sign (Attachment B) will be incorporated in a crossover (spanning) sign that will measure 54 ft. curb to curb, with the sign <r-3 PAGE 4, ITEM NO.: MEETING DATE: 06/04/02 itself encompassing 21 ft. of the total span. The span will consist of painted metal tubes and fabricated decorated leaf supports. The totol height of the sign from the base of the pedestal supports to the top of the sign is 26.6 ft. Per Caltrans standard for streetlights, the total height of the sign from the base of the pedestal support to the bottom of the sign will be 17 ft. The pedestal support columns are consistent with the ornamental streetlights that currently adorn the downtown area. Decorative gold leaf spheres will adorn the tops of both pedestal supports, and the base of each pedestal support will have electrical outlets to allow the monument sign to be decorated with ornamental lighting during downtown festivities, such as the Starlight Yule Parade, Holiday Lighting, and other downtown activities. The double-sided monument sign will be oval shaped and incorporate an image of a sun and waves similar to the city's logo. The sun and waves will be cut out of metal with a gold leaf finish, and the background will be see-through. CHULA VISTA will be arched in ivory yellow upper case block letters above the image of the sun, and DOWNTOWN will be arched below the waves in the similar fashion. The oval's background will be dark red. THIRD AVENUE will be arched across the middle of the oval shape in larger channel ivory yellow letters and dark red outline. The banner background is navy blue, with dark red perimeter neon. The border of the background will be a painted metal panel. The electrical requirements are two dedicated twenty- amp circuits per pedestal. Proiect Costs Funds appropriated for implementing the monument sign will be used primarily to hire a qualified sign fabricator to fabricate and install the monument sign. Graphic Solutions will provide construction administration and will assist the City with the process of selecting a qualified sign fabricator. Graphic Solutions will also provide the City with design intent drawings and construction specifications for a monument sign sufficient for fabrication by a qualified sign fabricator. Additionally, funds will be used for relocating 1-2 street cobra lights, removing street furniture (benches, plant concrete boxes, deteriorating trellises), and refurbishing the sidewalk pop-outs. Electrical work will consist of saw cutting, insulation of conduit, and related wiring. The first year's annual maintenance is included in the total estimate. However, the Downtown Business Association has agreed to cover annual maintenance costs for subsequent years. Annual maintenance includes, power, and monthly maintenance by a regular sign maintenance contractor (electrical components, neon tubes, transformers, fittings, ete). Annual maintenance does not include repairs as a result of vandalism, automobile collisions, cleaning, or repainting. Repainting costs are estimated at $6,000 every 8-10 years. Staff has set aside contingency funding from the requested amount for construction repairs such as those mentioned above. The following is the estimate for implementing the downtown monument sign. ~--'I PAGE 5, IIEM NO.: MEETING DATE: 06/04/02 Task Sign fabrication/installation Replacing flalwork (pop outs) Electrical Annual Mointenance Relocation of Cobra Lights (2) Removal of 3 large planters Removal of wooden trellis & bench Removal of pay phone Contingency TOTAL Estimate $200,000 20,000 2,000 3,600 4,000 1,500 2,000 300 6,600 $240,000 Staff is currently proposing that the proiect be funded with Tax Allocation Bond Proceeds. The actual appropriation of monies and required redevelopment law findings to justify this expenditure will be brought back for Joint City Council/Agency approval at the time the fabrication contract is awarded. Upcominq Work Tasks If approved, Graphic Solutions will finalize design intent drawings and specifications for a monument sign sufficient for fabrication by a qualified sign fabricator. Staff will provide adjustments to design intent drawings and construction specifications where necessary, and distribute final package to bidders. Graphic Solutions will also provide construction administration, and will assist in the selection process for a qualified sign fabricator, which is anticipated to be completed by late July 2002. Sign fabrication, construction, and final inspection is slated to be completed by mid-November in time for the 2002 Starlight Yule Parade, and Holiday Lighting Program. FISCAL IMPACT The current project budget is $240,000. Staff is proposing that the proceeds of the 2000 Tax Allocation Bond Issue in the Merged Project Area be used to implement the downtown monument sign project. City Council/Agency approval of this funding will be brought back at the time the contract is awarded. ATTACHMENTS Attachment A: Concept Design Attachment B: Project Location Map Attachment C: Notice of Environmental Categorical Exemption J,\COMMDEV\STAFF.REP\06.04.02\Downtown Monument Sign.DOC $-S- AGENCY RESOLUTION NO. AND COUNCIL RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE SIGN DESIGN CONCEPT AND LOCATION FOR INSTALLATION OF A DOWNTOWN MONUMENT SIGN; AND DIRECTING STAFF TO SOLICIT BIDS FROM QUALIFIED SIGN CONTRACTORS TO FABRICATE AND INSTALL THE DOWNTOWN MONUMENT SIGN WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA WHEREAS, The Town Centre I Redevelopment Area was adopted in 1976 as a unique area in Chula Vista that requires special attention and consideration in order to eliminate and reverse physical and economic deteriorating conditions, and provide and maintain the necessary infrastructure to revitalize and redevelop the area; WHEREAS, the Downtown Monument Sign is part of the comprehensive effort to revitalize and redevelop the downtown area, and implement the "vision" of establishing downtown Chula Vista as the business, entertainment, civic, and cultural focal point of the city; and WHEREAS, the Downtown Monument Sign is the culmination of proactive business efforts from the downtown business community, and recent and proposed redevelopment activities that is steadily transforming downtown into a vibrant central business district; and WHEREAS, the design work for monument sign was officially initiated in early February 2002 when Graphic Solutions, a firm experienced in the creation of similar sign projects, was retained by the City to provide design expertise; and WHEREAS, staff and downtown stakeholders provided input, which guided Graphic Solutions to design a unique crossover monument sign that is creative, colorful, and complementary to the downtown area; and WHEREAS, the proposed area for installation of the monument sign is located at the most narrowest segment of Third Avenue between "F" and "G" Streets, specifically the sidewalk pop outs located just south of the east-west pedestrian crosswalk adjacent to Park Way; and WHEREAS, the proposed location for installation of the monument sign was selected due to the visual impact the monument sign would make at the proposed location, the site's close proximity to Memorial Park, the site working well with downtown special events, access to electrical power, and the site being located along the narrowest segment of Third Avenue, thereby making it more cost efficient and physically feasible for installation of a crossover sign; and ~-- ~ WHEREAS, the Town Centre Project Area Committee voted unanimously in favor of the concept design for the Downtown Monument Sign, and the proposed location for installation of the Monument Sign; and WHEREAS, the Community Development Department Planning and Environmental Manager has determined that the project is categorically exempt from the California Environmental Quality Act under Class 3 of Section 15303(c), which refers to the new construction of small structures; and WHEREAS, the proposed project is consistent with the City's General Plan, Zoning Ordinance, Town Centre I Redevelopment Plan, and Town Centre I Land Use Policy; and WHEREAS, funding of the project out of the Tax Allocation Bond Proceeds is contemplated; the final decision on funding will be considered at the time the fabrication contract is awarded. NOW, THEREFORE, BE IT RESOLVED that the City Council/Redevelopment Agency of the City of Chula Vista does hereby adopt a joint resolution to approve: 1. The sign design concept for the Downtown Monument Sign, and the location for installation of the Downtown Monument Sign; and 2. Directing staff to solicit bids from qualified sign contractors to fabricate and install the Downtown Monument Sign within the Town Centre I Redevelopment Project Area. Presented by Approved as to form by ~~ Chris Salomone Director of Community Development n el J:\COMMDEV\RESOS\Monument Sign.doc 6-7 I z 8 c I ~ en -- a :I s-? ATTACHMENT A Downtown Monument Sign Proposed Installation Area Third Avenue between F and G Streets :m .DF... May 14, 2002 City of Chula Vista GIS s- q ATTACHMENT B ATTACHMENT C NOTICE OF EXEMPTION P.O. Bcx 1750 San Diego., CA 92112-4147 From: Community Development Dept City cf Chula Vista 276 Fcurth A venue Chula Vista, CA 91910 TO: County Clerk, County of San Diego. l-~ I:. ,- l!.~.i. l.l lJ6,-=,LJ ~~s;..j'oJ, S!l~, n~oc:"d,ri'::ci..~-'~r,~ Project Title: Third Avenue Crosscver Arched Lighted Mcnument Sign in the Dcwntcwn Distr1flAY 22 2002 Prcject Locaticn - A narrcw pcrticn cf Third A venue between "G" and "F" Streets .!~~ Y {2-- ~~._._ .... -,.. 1 ,'~" ..- ..' Prcject Locaticn ~ City: Chula Vista Project Locaticn ~ Ccunty: San Diego. Descriptien ef Prcject: The prcject invelves the installatien ef a menument sign within the Tewn Center I Redevelepment Area cf the City ef Chula Vista. The mcnument sign will span the width ef Third A venue. The span will ccnsist cf painted metal tubes and fabricated deccrated leaf supperts. The tetal height cf the sign frem the base ef the pedestal supports to. the tep ef the sign is 26 '12 feel. The clearance aleng the street width will be seventeen (17) feet per Caltrans recemmended street design guidelines. Installatien cf the dewntewn menument sign will alSo. require providing electrical cutlets, relocating 1 ~2 street cebra lights, remcving street furniture (benches, plant ccncrete boxes, detericrating trellises), and refurbishing existing sidewalk pep-outs. Name ef Public Agency Approving Project: City cf Chula Vista Name ef Persen cr Agency Carrying Out Prcject: City ef Chula Vista Exempt Status: (check cne) Ministerial [Sec. 21080(b)(1); 15268]; Declared Emergency [Sec. 21080(b)(3); 15269(a)]; Emergency Prcject [Sec. 2108O(b)(4); 15269(b)(c)]; X Categerical Exempticn Sec.: 15303(c) Class 3[New Censoucticn/Cenversicn ef Small Structures] Statutory Exemptiens. State code number: 15280 General Rule Exempticn [Sec. 15061(b)(3)] Reasens why project is exempt: The proposal invelves the installaticn cf a small soucture (approximately less than 200 square feet in area ceverage) and miner modificaticns to. existing surrcunding street furniture in a fully urbanized cemmercial area. The propesed structure does net invelve the use of hazardcus materials. All necessary public services and facilities are available and the surrounding area is nct environmentally sensitive. Lead Agency Ccntact Person: Benjamin Guerrero, Environmental Projects Manager Area Code/Telephone/Extensien: (619) 476~531l Signature: -.B..:- ~ Brian Hunter, Panning & Envirenmental Manager (Filed and Signed by Lead Agency) Date: OS/21/02 .6-/0 FlLED IN THE OFFICE OF THE COUNTY CLERK SAN DIEGO COUNTY ON MAY 2 2 '2llll2 POSTED MAY 22 2002 REMOVED RETURNED TO AGENCY ON DEPUTY ~ -- S-f f I. .'... STATE OF CALIFORNIA - THE RESOURCES AGENCY . DEPARTMENT OF FISH AND GAME '. '. ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a (6-01) J.. Lead Agency: ~ of- ~(:;. \1\ f"~ I COOlfT>-l~ p..~4'l~fVIt'l\l- PePl- Date: 6~ ad - 0 ounty State Agency of Filing: Stn ~ 0 Document No.: ~ Pr ect TItle: -""\I,d J<.oe"""" CYOS5Q>Jey- ,Iocc\\ed lt5-"""ol K~+ <::>15'" ,(\~n:,w~ Dls-h-,,,k Project Applicant Name: ~ of- ('~ U,~ Phone Number: Project Applicant Address: ~Ilo ~VY"~ ~ C~ '.J ,Jtct I CA- "IlCl 10 Project Applicant (check appropriate box): Local Public Agency 0' School District D Other Special District D State Agency D Private Entity D 204839 "I CHECK APPLICABLE FEES: ( ) Environmental Impact Report ( ) Negative Declaration ( ) Application Fee Water Diversion (State Water Resources Control Board Only) ( ) Projects Subject 10 Certified Regulatory Programs ( ) County Administrative Fee (y(Project that is exempt from fees 5850.00 5 $1.250.00 $ 5850.00 5 5850.00 5 $25.00 5 Signature and title of person receiving payment: WHITE.PROJECT APPLICANT TOTAL RECEIVED 5 rP GOLDENROD-STATE AGENCY OF FILING _'m" .~ ~ ~ .. L '~ 'L~ 'j_' S-Id-. PAGE 1, ITEM NO.: {g MEETING DATE: 06/04/02 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: PUBLIC HEARING: TO CONSIDER GRANTING A SPECIAL USE PERMIT (SUPS-Ol-0S) TO ALLOW THE DEVELOPMENT OF AN AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA RESOLUTION ADOPTING MITIGATED NEGATIVE DECLARATION AND ADDENDUM, 15-01-38 AND APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PERLA BARRAZA/SMART- MEX, INCORPORATED FOR THE DEVELOPMENT OF AN AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA RESOLUTION GRANTING A SPECIAL USE PERMIT (SUPS-Ol-0S) TO PERLA BARRAZA/SMART-MEX INCORPORATED FOR THE DEVELOPMENT OF AN AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L\l\-~ C5 REVIEWED BY: EXECUTIVE DIRECTORG ~~)Y 4/51HS VOTE: YES D NO 0 BACKGROUND The proposed project was continued from the March 19, 2002 Redevelopment Agency ("Agency") public meeting to allow the Applicant the opportunity to address Agency's concerns regarding land use intensity and vehicle queuing onto the project site. The Agenda Statement from March 19 for the above mentioned project has been included as an Attachment to this report. Since then, the Applicant has worked diligently with staff to redesign the project to adequately address Agency concerns regarding the original project proposal. The result is a much improved site plan that adequately addresses all previous issues relating to internal circulation, intensity, landscaping, parking, sound buffering, and architecture. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-01-38, in ro ~! PAGE 2, ITEM NO.: MEETING DATE: 06/04/02 accardance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental review Coordinator has prepared a Mitigated Negative Declaration, 15-01-38. Additionally, the Environmental Review Coordinator has determined that only minor technical changes or additions to the Mitigated Negative Declaration are necessary to address changes to the project subsequent to the preparation of this document and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document, 15-01-38. The revised project is consistent with the City's General Plan, Zoning Ordinance, and the Southwest Redevelopment Plan. 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 that 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 with accompanying detail center. BOARDS/COMMISSIONS RECOMMENDATION The proposed project was continued from the March 19, 2002 Redevelopment Agency public meeting. Please refer to the attached Agenda Statement for March 19th for recommendations made regarding the original project proposal. DISCUSSION The Applicant's original project proposal consisted of constructing a 1,240-sq. ft. automatic car wash, 840-sq. ft. two bay lube center, 435-sq. ft. customer service area, and required on-site parking, landscaping, and driveway. Agency concernS regarding land use intensity and vehicle queuing onto the project site required the Applicant to re-examine the project scope, and provide modifications to address Agency concerns. The revised project consists of the construction of a 564-sq. ft. customer service building, and a 1,164-sq. ft. automatic car wash with accompanying auto detail center, and required on-site parking, landscaping and driveways. An estimated five employees will work at the proposed c;, - ;,l.. PAGE 3, ITEM NO.: MEETING DATE: 06/04/02 facilities. Specifically, three employees will be needed for the corwash, one employee for the detail center, and one cashier. The original operational profile required seven employees. The most significant changes to the revised project include eliminating the lube center, and replacing the use with the less intensive auto detail center, which is estimated to process 5- 1 0 cars per day. The lube center was estimated to process approximately 20-25 per day. The auto detail center, which will be an open pergola, will be locoted adjacent to the customer service area. The detail center will provide basic hand waxes and interior service functions. The detail area is structured to process two vehicles at any time with a maximum work time of 15 to 30 minutes per vehicle, depending on the optional services purchased. Another significant change was to relocate the car wash entrance from the southern to northern driveway, thereby facilitating internal circulation and enabling the Applicant to redesign the site plan to allow for an 11-car on-site stacking lane. The original plan coiled for a 7 -car on-site stacking lane. The proposed 11-car on site stacking lane is considered 3'/2 times more the stacking lane needed for the estimated volume during peak wash times. A final change included eliminating the condition that required the Applicant to apply for a variance to comply with the Montgomery Specific Plan's 15-ft. landscape setback requirement for all new projects constructed along Main Street, Broadway, or Third Avenue. The Applicant's original site plan only provided for a lO-ft. landscape setback along Montgomery Street. The elimination of the lube center and the reduction of the total square footage of the project enabled the Applicant to revise the site plan to incorporate the 15-ft. requirement, per the Montgomery Specific Plan. 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, and provide the necessary public and private services to revitalize the area. The revised project is a much-improved proposal, because all previous issues relating to internal circulation, intensity, landscaping, parking, sound buffering, and architecture have been adequately addressed. 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 conditions, add jobs, and provide a necessary service to this orea of the City. Stoff recommends adoption of the Mitigated Negative Declaration, and approval of the Special Use Permit and Owner Participation Agreement for the proposed cor wash with accompanying auto detail center. The proposed project is consistent with the City's General Plan, Zoning Ordinance, and Southwest Redevelopment Plan. " -3 PAGE 4, ITEM NO.: MEETING DATE: 06/04/02 FISCAL IMPACT The estimated valuation for the revised project has been reduced by $70,000. The reduction was based on the elimination of the lube center, and the reduction of the total square footage of the project. The estimated valuation of the revised project is $549,040, thereby generating an estimated annual tax increment revenue of $5,490. ATTACHMENTS Attachment A: Owner Participation Agreement & Design Plans (Exhibit A) Attachment B: Revised Addendum to the Lightning Auto Center - Mitigated Negative Declaration Attachment C: Agenda Statement for Original Project Submittal (March 19, 2002) J :\COMMDEv\ST AFF .REP\06.04-02\Auto Lighhng. DOC (,-cf AGENCY RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND ADDENDUM, IS-01-38 AND APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PERLA BARRAZAlSMART-MEX, INCORPORATED FOR THE DEVELOPMENT OF AN AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA WHEREAS, Perla Barraza/Smart-Mex, Incorporated ("Applicant") originally presented development plans 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; and WHEREAS, said plans for development were 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 Redevelopment Agency ("Agency"); and, WHEREAS, the Agency considered the recommendation of the Design Review Committee, however, continued the project to allow the Applicant the opportunity to address Agency concerns regarding land use intensity and vehicle queuing onto the project site; and, WHEREAS, the Applicant revised the project proposal to be less intensive by eliminating the lube center, and by redesigning the site plan to adequately address vehicle queuing onto the project site; and WHEREAS, the revised project adequately addresses all previous issues relating to internal circulation, intensity, landscaping, parking, sound buffering, and architecture; and WHEREAS, the revised project consists of the construction of a 564-sq. ft. customer service building, and automatic 1, 164-sq. ft. car wash with accompanying auto detail center, and required on-site parking, landscaping and driveways; and, WHEREAS, the project 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, 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. c; -S"" Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The proposed project will not have a significant impact on the environment; accordingly Mitigated Negative Declaration IS-01-38 was prepared and is hereby adopted and the Agency hereby adopts 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, add 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 564-sq. ft. customer service building, and 1, 164-sq. ft. automatic car wash with accompanying auto detail center, and required on-site parking, landscaping and driveways, and required on-site parking 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) 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/Smart-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: ~k~ Chris Salomone Community Development Director J:\COMMDEVlRESOS\CAR WASH OPA.DOC ,-~ RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING A SPECIAL USE PERMIT (SUPS-01-05) TO PERLA BARRAZA/SMART-MEX, INCORPORATED I LIGHTNING AUTO CENTER PARTNERS FOR THE DEVELOPMENT OF AN AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL 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, a 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, the Applicant's original request was to construct a 1,240-sq. ft. automatic car wash and 840-sq. ft. two bay center, and 435-sq. ft. customer service building, including required on-site parking, landscaping and driveways; and WHEREAS, the Applicant revised the Project proposal to address Redevelopment Agency ("Agency") concerns regarding land use intensity and vehicle queuing onto the Project site; and, WHEREAS, the Applicant revised the Project proposal to be less intensive by eliminating the lube center, adding an auto detail center, and by redesigning the site plan to adequately address vehicle queuing onto the project site; and WHEREAS, Applicant requests permission to construct a 564-sq. ft. customer service building, and automatic 1, 164-sq. ft. car wash with accompanyil")g auto detail center, and 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 ~ -7 Page 2 Resolution No. Council and/or 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 for the original Project submittal 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 Agency; and 5. Redevelopment Agency of the City of Chula Vista Record of Application WHEREAS, a duly called and noticed public hearing for the original Project submittal was held before Agency on March 19, 2002, to hear public testimony with regard to the Project; and WHEREAS, Agency continued the Project to allow the Applicant the opportunity to address Agency concerns regarding land use intensity and vehicle queuing onto the Project site; and, WHEREAS, the continued public hearing for the revised Project proposal was held before the Agency on June 4, 2002, to hear pUblic testimony with regard to the 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: B. PLANNING COMMISSION RECORD The proceedings and all evidence for the original Project submittal introduced before the Planning Commission at their public hearings 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 Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-01- 38, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-01-38. The Environmental Review Coordinator has determined that only minor technical changes or additions to the Mitigated Negative Declaration are necessary to address changes to the project subsequent to the preparation of this document and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document, IS-01-38. ~ -~ Resolution No. Page 3 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 within the Montgomery community, and will provide necessary services that are consistent with the goals and objectives of the Montgomery SpeCific Plan, and the Southwest 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 customer area and car wash with accompanying auto detail area will conform to the design manual guidelines for commercial developments. Per the Montgomery Specific Plan, a complete 15-ft. wide landscape setback will be provided along Third Avenue (arterial thoroughfares) and along Montgomery Street (residential collectors). 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 for the car wash will be limited to one exclusive entrance driveway and one exclusive exit driveway along the frontage of Third Avenue. All car wash 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. ~ -'1 Resolution No. Page 4 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 Plan and Implementation Plan. The construction of a car wash center has been analyzed within the environmental document and determined to be a less than significant. 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. 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 services 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. o -( 0 Resolution No. Page 5 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 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. 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 ~ - (( Resolution No. Page 6 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. n. Applicant shall comply with all mitigation measures contained within Mitigated Negative Declaration IS-01-38. Resource Recycling and Conservation Coordinator Conditions: o. Applicant shall have the proposed trash enclosure, including proposed bins or carts approved to the design specifications of the Recycling and Conservation 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, (, -I :L Resolution No. Page 7 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 shall be accomplished to the satisfaction of the City Engineer prior 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 ~howing 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 {,-!.3 Resolution No. Page 8 Police Department prior to issuance of the building permit. The Applicant 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: 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 project 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 colors, 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. AII.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 (,-rc.j Resolution No. Page 9 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 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 matter 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 entrance shall be a minimum 40-ft. width and shall be striped for ingress only. The southern driveway exit shall be a minimum 3D-ft. width and shall be striped for egress 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. ~-/S Resolution No. Page 10 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. 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, Agency, Agency 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 &.-1'- Resolution No. Page 11 documents. i. Obtain an annual inspection of the auto detail center from the Fire Department. i. 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. j. 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 eleven (11) vehicles in front of the vacuum manifold for the car wash, and two (2) vehicles in the detail center, and site drainage will conform to required mitigation for sewer and storm water systems. k. The Automobile Service facility shall comply with Section 19.58.280 of the Zoning Code, meaning that automotive services to vehicles outside the automated car wash will be limited to the interior vehicle vacuum manifold area entering the car wash, the drying area located near the car wash exit, and the auto detail center adjacent to the customer service area. In addition, no outside sales or display shall be allowed at the car wash facility. 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. _. s I..:{ 1/ f7.? Date I '[;-2/-02- Date ~-/'7 Resolution No. Page 12 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 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: ~,t.~~/ Chris Salomone Community Development Director l/idt PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 4th day of June, 2002 by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Shirley Horton Chairman ATTEST: ~~ Chris Salomone Executive Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) fa - If? Resolution No. Page 13 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: June 4, 2002 Chris Salomone Executive Secretary to -(r ATTACHMENT A 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 BarrazalSmart-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 Barraza/Smart-Mex, Incorporated, (hereinafter referred to as "DEVELOPER") effective as of June 4, 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 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, and 435-sq. ft. customer service building, and required on-site parking, landscaping and driveways (the "Project"); and, . WHEREAS, said plans for development were 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 considered the recommendation of the Design Review Committee, however, continued the Project to allow the DEVELOPER the opportunity to address AGENCY concerns regarding land use intensity and vehicle queuing onto the project site; and, WHEREAS, the DEVELOPER has revised the Project proposal to be less intensive by eliminating the lube center, and by redesigning the site plan to adequately address vehicle queuing onto the project site; and WHEREAS, the DEVELOPER has presented revised plans for deveiopment to AGENCY that consists of the construction of a 564-sq. ft. customer service building, and automatic 1, 164-sq. ft. car wash with accompanying auto detail center, and required on-site parking, landscaping and driveways; and, WHEREAS, the AGENCY considered revised pians and does hereby approve the revised 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: (,-;20 1. The property to be developed is described as Assessor's Parcel Number 623.132.1 0 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 govemmental permits and approvals and abide by all applicable federal, state and local laws, regulations, policies and approvals in connection with the development of the Project. DEVELOPER further agrees that this Agreement is contingent upon DEVELOPER securing said permits and approvals. DEVELOPER shall pay all applicable development impact and processing fees. C. DEVELOPER shall obtain building permits within one year from the date of this Agreement and to actually develop the Property with the Project within one year from the date of issuance of the building permits. In the event DEVELOPER fails to meet these deadlines, the Agency's approval of DEVELOPER's development proposals shall be void and this Agreement shall have no further force or effect. D. In all deeds granting or conveying an interest in the Property, the following language shall appear: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee himself or any persons claiming under or through him establish or permit any such practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenant lessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. ' E. In all leases demising an interest in all or any part of the Properly, 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. ' C-~f 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, and/or approval of this Owner Participation Agreement. 5. DEVELOPER shall maintain the premises in FIRST CLASS CONDITION. A. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughout the term of this Agreement, DEVELOPER shall, at DEVELOPER's sole cost and expense, maintain the Property which includes all improvements thereon in first class condition and repair, and in accordance with all applicable laws, permits, licenses and other governmental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued or promulgated by federal, state, county, municipal, and other 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 shall have the right to enforce this lien either by foreclosing on the Property or by forwarding the amount to be collected to the Tax Assessor who shall make it part of the tax bill. B. DEVELOPER shall promptly and diligently repair, restore, alter, add to, remove, and replace, as required, the Property and all improvements to maintain or comply as above, or to remedy all damage to or destruction of all or any part of the Improvements. Any repair, restoration, alteration, addition, removal, maintenance, replacement and other act of compliance under this Paragraph (hereafter collectively referred to as "Restoration") shall be completed by DEVELOPER whether or not funds are available from insurance proceeds or subtenant contributions. C. In order to enforce all above maintenance provisions, the parties agree that the Community Development Director Is empowered to make reasonable determinations as to whether the Property is in a first class condition. If he determines it is not, he (1) will notify the DEVELOPER in writing and (2) extend a reasonable time to cure. If a cure or substantial progress to cure has not been made within that time, the Director is authorized to effectuate the cure by City forces or otherwise, the cost of which will be promptly reimbursed by the DEVELOPER. D. FIRST CLASS CONDITION DEFINED. First class condition and repair, means an efficient and attractive condition, at least substantially equal in quality to the condition which exists when the Project has been completed in accordance with all applicable laws and conditions. 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 approval 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 (0 -;2.:2.... jurisdiction by the AGENCY on its own behalf or on behalf of any owner of real 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, directly or indirectly, from (a) AGENCY's approval of this Agreement, (b) AGENCY's or City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the Project contemplated herein, and (c) DEVELOPER's construction and operation of the Project permitted hereby. 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 '-23 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: By: Shirley Horton, Chainnan "DEVELOPER" Perla Barraza/Smart.Mex, Incorporated DATED: 5 J CJ. / J () :<. , By: ~1. fActA (C4.;:rc- ( -Perla Bal'faZ:cr, Property ~yJner NOTARY: Please attach acknowledgment card. APPROVED AS TO FORM BY: John M. Kaheny, Agency Attorney ATTEST: Chris Salomone, Community Development Director b-2...Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ., State of CALIFORNIA County of SAN DIEGO On MAY 21, 2002 before me, JOSE-REFUGIO A. VENEGAS "A NOTARY PUBLIC" , ~ Date Name and Tille of Officer (e.g" "Jane Doe, Notary Public") personally appeared PERLA BARRAZA Name(s) ofSigner(s) 1'9 personally known to me 1"1 proved to me on the basis of satisfactory evidence I------------~ eJOS&.REFUG'O A. VENEGAS _ CammIssIon t 1277341 & j NaIay I'1.bIIc - CaIlIarfa . San DIego CaunIy - _ _ _ ~~~~I~~f 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 and o~ seal. OPT/DNA Though the information below is not required by law, it may prove valuab to ns 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 Document Date: MAY 21, 2002 Number of Pages: 12 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: PERLA BARRAZA Signer's Name: rn Individual D Corporate Officer Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D' Guardian or Conservator D Other: D Individual D Corporate Officer Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: @ 1996 National Notary Association. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 9130907184b _ zs- Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827 Insert Exhibit A Reduced Copies of Design Plans Here , - :2J~ ~ I'" - - - - - - - - ~ e-- e-- I- / ] ." 0 ] c ;u .., I ?:: ] m z c m I I I I I I ffiHffEEtE mm EffiD I I MONTGOMERY ELEMENTARY SCHOOL \ 1\\ =I\~ = ~\~ n ~ - t1 t1 n t:: .---t:: --- - L- '---v V MOBILE HOME i-- :::::1.--- V PARK i--.---V I-- i= ::::-- ~ r::- :- :::::~ I-- ---- /' V -- ~.--- f--//'i----~ f-- ---- -- v -- \-- I.--- v V __ .---'--- r" I.--- i-- i-- -- ---.--- "I.---L-L-~ ANITA STREET DO o- DD 0--- 00 a--- 00 --- --- DO D___ 00 8--- DO 0--- DO 0 .-- 0.-- DO 0.-- DO 0.__ 80 D_ O B L- l..---,.- v- ---.-- '.--- --1------- 1..------ .-- --- .-- t::: .-- - '--1---- '--r--- '--1---- '--1---- ---- .--- .__l-- .__L- .--1--- .--1--- ---I--- .__v I----i:: \ \ I \ [[ CATHOLIC CHURCH .., I ;>J RETAIL 0 ?:: m Z AUTO ~ BODY f- :[[ :m TREMONT STREET TREMONT STREET ." r--- ;U m (fl z o ?:: 1/ 'dMi j//f ~, MONTGOMERY STREET T ~ j ! [[ ~ OTAY BAPTIST 'I III [[ c CHURCH m PROJECT IT,l,~c~r~~~l DI [[]] OJ I tII -l ZENITH STREET MAIN STREET '--- ~i~ ~ f' I- CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT HOPE'S LUBE! CAR WASH , (I) APPLICANT: I PROJECT 1616 THIRD AVENUE ADDRESS: i SCALE: FILE NUMBER: , -')...7 NORTH No Scale SUPS-ai-OS h:\home\planning\carlos\SUPS010S.cdr 10/16/01 '~l' n L=" .~ .~ > ~ I 'Z (\ " ~ > p ,>;. (I'.~\I' I,) I",:,: \ . L.~. )). 4" -'.r .. r0:j7,\} \ I:j . .. /\_ "id.h!.';.,. i Ii' Hn:, ' Hid. Il./dp,. " ~, · ~ ~ ~~ ~~ .~F ~sP ~ ! ~! i !~ l~;11 i 6 .. ~ ~ 001 .. d -"l; ~ ~ o ~ o Xi o ~ ;;i ~ s: z \', f ~ i ;~- . , i , -:i ~ .~ ..1; '. ~,;~II t.~ ~h '.'; ~"..~ -- ~.\l,1 ! 8E"i: , .. ~, !';- ~, ~~ J,,,: ') q F . 'I , . 1 ,. G:. r" t '--:'';0 . i /w: " ;- ~ , " , ~!: (,i~ r:. :: :~ ~ II H . ~ 1.2 H ~ " i ~ .- , \ , j '" .' 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ATTACHMENT B REVISED ADDENDUM TO LIGHTNING AUTO CENTER MITIGATED NEGATIVE DECLARATION IS-OI-038 PROJECT NAME: LIGHTNING WASH AND DETAIL CENTER PROJECT LOCATION: 1616 Third Ave (Third Ave. & Montgomery St.) ASSESSOR'S PARCEL NO.: 626-132-10 PROJECT APPLICANT: F. Leland Hope DATE: January 18, 2002 Revised February 14,2002 Revised May 22, 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 of the 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 project 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 ofa subsequent MND have occurred. This addendum has been prepared to specifically provide additional information and analysis concerning potential impacts resulting from minor changes to the project. The changes consist of: a. Rerouting traffic exiting the car viash directly to 3"' Avenue rather than the alley along the northern property line. b. Relocating seven on-site parking spaces. c. Adding a handicapped designated walkway from the parking area along the northern property line to the customer service area. Page I 6-32 - 1 d. Proposed project is restructured to serve as an automated carwash, detail center and customer service center only. The lube center use has been eliminated from the proposed project. e. Relocating the vacuum work area to the north side adjacent to the carwash and customer service area. The square footage of the vacuum work area has not changed, only the location. f. Due to the relocation of the vacuum cleaner system to the north side, the proposed project includes the increased length of the sound wall from 10 feet to 20 feet. g. Rerouting traffic exiting the car wash directly to )'d Avenue on the southern exit rather than the northern exit. The elimination ofthe lube center and site redesign for the carwash allows eleven on-site stacking spaces. This will allow three Y2 times more in the stacking lane based on estimated volume during peak wash times. h. The condition requiring IS-foot landscaped setback according to the Montgomery Specific Plan, can now be eliminated due to the redesign of the project and space available for additional landscaped improvements on site. 1. The estimated number of employees is now at 5 and the parking is additional two more than what is required. J. The vehicle entrance to the site occurs from the northeast access on Third Avenue and exiting from the southeast access onto Third Avenue. Therefore, in accordance with section 15164 of the CEQA guidelines, the City has prepared the following revised addendum to IS-OI-038. II. PROJECT SETTING The 0.282:-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) West - multi-family residences The site is currently developed with a single-family residence. A chain-link fence surrounds the perimeter ofthe property. The site is flat and contains non-native plant material. No listed plant or animal species are known or expected to occupy the site or surrounding area. Page 2 6-32 - 2 III. PROJECT DESCRIPTION The project proposes to remove the residence and construct an auto carwash and detail center that provides automated carwash (1,180 square feet), customer service area (527 square feet) and an express detail area (see Exhibit B - Site Plan). The lube center has been eliminated from the earlier proposed proj ect. Water used in the carwash will be filtered and recycled through the system. There will be stacking for eleven (11) cars entering the carwash; eight cars in the waiting area, two cars in the vacuum area and one car in the carwash entrance (see Exhibit B - 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. 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. The detail center will process 5-10 cars per day. Three employees would staff the car wash and one employee in the detail center. Other employees include a manager and cashier. Automobiles would enter the car wash area from Third Avenue along the north access (north end of the site) and exit onto Third Avenue near the intersection with Montgomery Street (south end of the site). Employee and patron parking would be provided adjacent to the northern property line. 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. The proposed project consists of the removal of an existing residence, and installation of an automated carwash (1,180 square feet), customer service area (527 square feet) and an express detail area (see Exhibit B - Site Plan). The lube center has been eliminated from the earlier proposed project. The vacuum cleaning area has been relocated to the north side of the site. According to the Amendment to the Acoustical Analysis prepared by Dr. Penzes & Associates dated May 10, 2002, to reduce the noise level at the north side to 60 dB(A) in accordance with the noise performance standards, the project design was modified to extend the western wall of the car wash building beyond the entrance to the carwash from 10 feet to 20 feet. The extension of the wall, as shown on the site plan, reduces the noise level at the property line to less than 60 dB(A). No mitigation measures are required because the design ofthe project has been modified to reduce the noise level at the property to less than 60 dB(A). V. CONCLUSION The analysis and conclusions presented in the MND (IS-O 1-038) are not changed by the proposed revisions to the site plan. Therefore, preparation of a subsequent MND is not warranted. Page 3 6-32 - 3 Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I 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 Mitigated Negative Declaration adequate under CEQA. ~~I?/M1(~, Marilyn .F. Ponseggl, Environmental Review Coordinator REFERENCES Chula Vista General Plan (1989) Title 19. Chula Vista Municipal Code City ofChula Vista Environmental Review Procedures Traffic Analysis, Linscott, Law & Greenspan, Engineers, November 2001. Second Amendment -Acoustical Environmental Study for Automatic and Hand Car Washes at Lightning Auto Center, Dr. Penzes and Associates, May 10, 2002 CONSULTATION Majed Al-Ghafry, Civil Engineer, City ofChula Vista Harold Phelps, Associate Planner, City ofChula Vista Xavier Del Valle, Community Development Specialist, City ofChula Vista Page 4 6-32 - 4 11\\\\\\\\ UIIIIIll DIIIIElEMONi ifum [Immo~lliIII [fJIIITIlj] n-rlTiT_]JIIJ ~[rr[[TIIIfl[[[IJffi[ OIJJ]]J EllIIIDrJ ~c _ IJJllJ~ITOIIIII ZENITH STREET - ~ rnrnm ] l ITJIIJIIJ EillIIII \ c CITI[rq\\]lJHI_-1rJlilll j j j~ ~ ] ~ ] ~ o D ] ORANGE AVENUE c------ ----------- -~ ------------------- ~ i:i8 R rllll]] c] DO 0 DO B DO 0 00 B DO 0 DO DO o 8tEEHHm mm 8HD /-- ~L ~ I~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT PROJECT F. LELAND HOPE APPLICANT: PROJECT DESCRIPTION: INITIAL STUDY PROJECT 1616 THIRD AVENUE ADDRESS: Request: Proposed construction of a neighborhood auto service center to include: a car wash and auto lube center. No Scale LOCATOR FILE NUMBER: IS - 01-038 C\myfiles\localols\IS01038.cdr 02/07/01 6-32 - 5 .E~IJ/B/T A ~ 1- ~ II~ I ~ j I ~. f- ~( I~ >1 I ~I~ ~~ If id :~ ". I - - - - - -. - - - - - aiOU.~~- -~ -'0- - - - - I ~ I 15 ~ Ii iBI!5 ~ I UI~ !1.. th~ ~" t&: t!!H ".., I Uo,~ nh~ ~ ~ h. t.3i. ...-/- / \T) I I r ~ \ ~ '-; ~~-.. _~ ,''A '\ , Ill1 : l~::~:~~>:-~~ -,~ I ~jl! -l:; : ~jlli~~ Ii ~'.--.'..'.-'...I..'.-.'_..~. ccJ.L..~. ,LD< '.~..~ ~~, 'I I H-->/J ',/-'1 ~/ It ! I i ~ ~-;h J~~~:'~~~~-;"'-'/~ 'Hh .U' i I \...J' jt '" . . 11.'".-" ... mmm ..mrC. . ,/ ~ I ! --..." '-., '. i'" . .....> ' I" I ,II '1 'I' III !.'J~.:. J.. ;'Je)'.,.H.i>/) ..h.. Ii,. 2! 'u~ ;-J ""., ". iI 3 ~ I . II ~~~~I'~' .~_j' _ c_=_.~43 .ii 'I I ,_.~ iL-~.....' 'm ......... mnmmn'. .e:. J !!U: 1 i-jL_;q[/~ H ~ i dil. J' ill- I:.~..'.::_I~[. ../---:I! 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E~ Pt ;l! 1Bn!l! !r! !I ; II i ~ II i :i /J ~ V'> < ~~ 6-32 - 6 ~ ATTACHMENT C 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-01-0S) 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-01-0S) 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~-tr. C:S REVIEWED BY: EXECUTIVE DIRECTO~ ?ty ~ ,01 If 1 4/5THS YOTE: YES D NO 0 BACKGROUND Perla Barraza/Smart-Mex, Incorporated ("Applicant") is proposing to construct an automatic car wash and lub,e 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 ~-33 I -..3-' PAGE 2, ITEM NO.: MEETING DATE: 03/19/02 Declaration, IS-01-038. Due to changes to the proposed project, the Environmental Review Coordinator conducted 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 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 Redevelop ment 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 lO-ft. landscape setback along Montgomery Street, which is less than the 15-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 Y J..~ PAGE 3, ITEM NO.: MEETING DATE: 03/19/02 circulatian. 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. DISCUSSION Site Characteristics The proiect 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 housing 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 vacuuming/staging 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 '" - 3S- a 3 PAGE 4, ITEM NO.: MEETING DATE: 03/19/02 is estimated to wash approximately 75-100 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. Site: North: South: Land Use Desiclnations The project site and adjacent uses include the following: Existina Land Use General Plan Single Family Residential Unit Mercantile & Office Commercial Auto Repair & Painting Shop Mercantile & Office Commercial Residential/Restaurant! Mercantile & Office Commercial Shoemex Imports Los Panchos Restaurant Multifamily Residential lonina 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. Parkinq & 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 on-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 olong Third Avenue. Customers will enter the lube center or the car wosh stacking lane, which will allow six cars to stack three deep with two cars side by side. Custamers 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 Commissian 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 ~cj ~-?;~ 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 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. 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 project, and will be red curbed to allow better access into the business. Landscapinq: 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 lS-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 Applicont to seek an administrative variance or to provide the additional S-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 lO-ft. landscape setback, becouse there would be an additional 3-ft. setback within the existing right-of-way, thereby making the lS-ft. requirement not as critical along a local side street. ~-37 ~ PAGE 6, ITEM NO.: MEETING DATE: 03/19/02 Siclnaqe The Applicant's original submittal for signage consisted of individual wall signs for advertising both the lube center and car 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 proiect 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 ~ ~-3~ PAGE 7, ITEM NO.: MEETING DATE: 03/19/02 conditions, create jobs, and provide a necessary service to this area of the City. Additionally, the proposed proiect achieves architectural, landscape, and urban design principles that are 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 proiect is consistent with the City's General Plan, Zoning Ordinance, and Southwest Redevelopment Plan. FISCAL IMPACT The proposed proiect 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 shoring pass-thru agreements; and the remaining $2,327 will accrue to the Southwest Redevelopment Proiect 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 (1/23/02) J,\COMMOEV\STAFF.REp\ 12-18-01\Ca' Wash & Lube CenteLOGC 101/09/2002 10,56 AM) (p -37 J-- 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 BARRAZNSMART-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, 840-sq. ft. two-bay lube center, 435- sq. ft. customer service building, and required on",ite 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, 18-01-38 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: (p - Y.O ~ Resolution No. Page 2 1. The proposed project will not have a significant impact on the environment; accordingly Mitigated Negative Declaration IS-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/Smart-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: ~~~ Chris Salomone Community Development Director J:\COMMDEV\RESOSICAR WASH OPA.ooc c-II .dJ-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 G-<f~ .3 ,- 6 Resolution No. Page 2 WHEREAS, a duly called and noticed public hearing on the project was held before the Redevelopment Agency of the City of Chula Vista on March 19, 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-01-38 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. 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 (,-tf3 ~ 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 Redevelopment 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), unless 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 shall 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. (, - cw- s (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 services 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 andlor 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 o -- '1~ ,,-<8 - ,'.J ~ 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. ;::J- Resolution No. Page 6 Resource Recycling and Conservation Coordinator Conditions: n. Applicant shall comply with all mitigation measures contained within Mitigated Negative Declaration 18-01-38. o. Applicant shall have the proposed trash enclosure, including proposed bins or carts approved to the design specifications of the Recycling and Conservation 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 paperlcardboard bin, along with food and beverage container cart with other storage. A commercial trash enciosure 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-1 OBC, 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-watl 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 h-V) -;3 - I ::)"- 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 Applicant 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: ~-lf6 .3 _1(.- , 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 projed 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 colors, 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, andlor landscaping to the satisfaction of the Planning Director. e. All roof appurtenances, including air conditioners and other roof mounted equipment andlor 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 r; -19 ..::; ~ I I 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 ma:ter 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 combustionlfuel 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. ~ - 5"lJ -.:3 - / 't 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 arid 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. Applicanl'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, andlor 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. 6- s-; ,..:J /; 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 vehicies 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 andlor 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 andlor 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. _' 3/'-1/0.:2.. Date ' 3.. 0,- 02 Date 3-(P-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 ;:jll ~-s;l .3 ~ 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: CA~ ChriS 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: C4~ 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 .' ,b - 5"3 3 d- f 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 Barraza/Smart-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 as Assessor's Parcel Number 623-132-1 0 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 govemmental permits and approvals and abide by all applicable federal, state and'locallaws, regulations, policies and .3:l~ ~- 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 building permits within one year from the date of this Agreement and to actually develop the Property with the Project within one year from the date of issuance of the building permits. In the event DEVELOPER fails to meet these deadlines, the Agency's approval of DEVELOPER's development proposals shall be void and this Agreement shall have no further force or effect. D. In all deeds granting or conveying an interest in the Property, the following language shall appear: 'The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee himself or any persons claiming under or through him establish or permit any such practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenant lessees, or vendees in the premises herein conveyed. The foregoing covenents 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 segragation 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 F~ST CLASS CONDITION. ~ - ~5' ~ -1.3-' " 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 laws, permits, licenses and other govemmental 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 shall have the right to enforce this lien either by foreclosing on the Property or by forwarding the amount to be collected to the Tax Assessor who shall make it part of the tax bill. B. DEVELOPER shall promptly and diligently repair, restore, alter, add to, remove, and replace, as required, the Property and all improvements to maintain or comply as above, orto remedy all damage to or destruction of all or any part of the improvements. Any repair, restoration, 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 othelWise, the cost of which will be promptly reimbursed by the DEVELOPER. D. FIRST CLASS CONDITION DEFINED. First class condition and repair, means an efficient and attractive condition, at least substantially equal in quality to the condition which exists when the Project has been completed in accordance with all applicable laws and conditions. 6. AGENCY and DEVELOPER agree that the covenants ofthe DEVELOPER expressed herein shall run with the land. DEVELOPER shall have the right, without prior approval of AGENCY, to assign its rights and delegate its duties under this Agreement. 7. AGENCY and DEVELOPER agree thatthe 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 behaif or on behalf of any owner of real property within the boundaries of the PROJECT AREA. 8. AGENCY and DEVELOPER agree thatthis 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, directly or indirectly, from (a) AGENCY's approval of this Agreement, (b) AGENCY's or City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in d .2A '" - sb conn~ction 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 shali be entitled to recover its reasonable attorney's fees and court costs from the non-prevaiiing party. 11. Time is of the essence for each and every obligation hereunder. 12. If DEVELOPER falls 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 ?-~7 ~ .- . -2_~..1" 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 / if Ii) .Q. , / By: Shirley Horton, Chairman "DEVELOPER" Perla Barraza/Smart-Mex, Incorporated DATED: 3/ t.f/ 0& I f By: .Il-tel... {?t1..A/)Cr..Y,,- ~~ Barraza, ~p'erty Ownt1r NOTARY: Please attach acknowledgment card. APPROVED AS TO FORM BY: John M. Kaheny, Agency Attorney ATTEST: Chris Salomone, Community Development Director ...3 .2l,,, G-S-J CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT CALIFORNIA State of County of SAN DIEGO On MARCH 05, 2002 Dais before me, JOSE-REFUGIO A. VENEGAS, NOTARY PUBLIC Name and Ttlle 01 Officer (e.g., 'Jane Doe, Notary PublIc") personally appeared PERLA YADIRA BARRAZA Name(s) of Signer(s) 6CJ personally known to me 6CJ proved to me on the basis of satisfactory evidence I@~:=I $ NoIay NlIlc - Cal1klniaI " 5' San DIego County - t _ _ _ ~~~':~l~~f to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and .that by hislherltheir 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 an~ial seal. Description of Attached Document Title or Type of Document: OWNER PARTICIPATION AGREEMENT Document Date: MARCH 04, 2002 " Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: II?lI ndividual o Corporate Officer Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: C 1996 Natlonal Notary Associatlon' 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91309.7184 I Number of Pages: 11 Signer's Name: 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 Signer Is Representing: 0.5907 Reorder: Call TolI.Free 1-800-876-6827 ...6 -.1..-; 'I ;1 ,I ~ 'J 'I ., , 'I ,.) 'J ~ 'I J ~ 'J .' ~ .' Insert Exhibit A Reduced Copies of Design Plans Here ~ - {PO ,,3-1-f ~ 1"- I I I ~ \ \ \ IJID.Y::':: DO ~ - ~ 00 - I- --- !.-- DO 8 --- -- v -- l- I-' ~ tmffiEEtE = S ~ r:= "'I-' OJ J l- f- . - t:: "'1--- \.-- 00 -- '" -- v - - -- I- - f- . - I-- "'1--- J.--- DB 0 -- r- -- V = ; m MOBILE HOME ;::e-- e-- -- r-- -- -- -- I- _ PARK '" '" I-- o B -- I-- -- - I-- I- - I-- :::- :::- :::- ::: '" '" 00 0 -- -- -- V ..- -- I-- -- f-- I- - r-- /' ..-- v-/'/' DO 0 c-- - EtH[] t=. ,/ ..-- i/ - --- /' D -- f-- I- - f-V..--I--- 00 0 I-- I-- l- i-- \--ve---v_ DO B I-- f-- c-- 1/ I I I I Ve---f.--- 80 0 I-- "" V ~ '- ~ '-_ ANITA STREET o 0 \ \ \ I \ ] -{ ill CATHOLIC :r: CHURCH ;0 RETAIL 0 " )0,. 0 MONTGOMERY TREMONT STREET <: TREMONT STREET ] c m ::;1 ELEMENTARY z :[[[ SCHOOL " r-- AUTO Iii :c ;0 BODY. - ~ m en ] z m 0 ~l ~[[ z c ~ ?"'/,, m ;!/)' MONTGOMERY STREET ~ i X [[ ~ [[ h ~ OTAY BAPTIST ~ 1 _lll . c CHURCH ZENITH STREET m PROJECT - IT,l,~C~r~Q~l 0[ \ / [J]J OJ I Ell . 1\ .\ MAIN STREET - - I~ =I~~ r- "- \ , C HULA VISTA PLANNING AND BUILDING DEPART MENT LOCATOR PROJECT HOPE'S'LUBE! CAR WASH C) APPLlCANl: PROJECT 1616 THIRD AVENUE ADDRESS: , - c,f SCALE: FILE NUMBER: .3 2.f;- NO RTH No Scale SUPS-01-05 h:\hcme\D\ennlnn\"erlno\RI JP."n1n~ "rlr 1n/1A1n1 .:;! !f! Pi .0 ('" ,~ o '" ~ ~ ~; ~_.~-~~. .. r " fIl" .cllllll!.'!T' __ -.at 'F:;! ",>- -<~ ~ ~~ : ~ Ig iJ ijJ ijl~MH! ~g ~ ,1, ! .~~! I! ~~ I f@~ 1..11 ,I ig.~ 1 ~ i II 81 :i! I I .' . !l "C ,... >- z n ! I I ......... : . :al ! ~l -- = . --i .--i ~ --;-) I ~ I '"" , ;( - --) -----) '1'i i ~r I II r;( -)1 . : ilU . , ill i hll ~.~~ ~. I i i : ~ ,n I , , J I ~ '~i1 i ~i d: kll ,\; ~lli \ a' l><1<-j ~ i ,I " k><l , Ii I , , I I I I I I .j> I I . I I I II I- i! g i~~~ I II ~im!fi illi ~Il--._._.....- ~~""",.__._._._I____.__ I i HpU 1111 Pill 1 :11 Iii I h I i j o mi ~i Iii !lii llii i !~! ~Iii l~ I i ~!il ~~~ ill ~ !~I ~h i i~l! !! ~ I~ ! Pll ~ iil~{ I~;' !~ 5"il~ ~~~! n i~. 'rii I I i I I ~~~ i i !i! i g ')>1' III I . p LIGHTNING AUTO CENTEI'G !,;~ IIII'II. i L I I 'i i t i "" lHlRll A""- CHULA "'ST', CA. Y' . i~ . --.J -3 3,.0 &-t:,)- eelll .'Q..G1Goe ITI !I~!!i~!llillili!llli~i ~~ !I~llll!l !I;~il~! Idl ~~ !i ~ Gi~ z '" !I ~ l' , ! ; ')>!lIH I I I 0 ~ . ~ - ~ j' ~ f . , -. ~ !~ ~e I: ;0. , ~! _.I... LIGHTNING AUTO CENTE~ 1~16 THIRD" AVE. CHULA V1STA. CA. )7. \~t .' I .,' .>, . . a. .'. ..., Ii" . , ---J ~~m .'j!.. .' '. !! i! -... I, - -"\ , g ~ I: ;0. ~! _.I... I!..... i, :;;" .: \Ii~ '. /~.. ,,- I! _.I... " 11'_ I-t" I: ....J 3;. f , ; , g ~ ., , I ,... I: !~I;I~ ;l! ~F t~4 i ~ ~ ( . ,. /;!hI. " .... I ~ Wm. f ~ /> "- ~-f';!'hl. Wm. "- g !~ ~ ~o !! U ~1fi 11 . < I , .~ I l ~ ~ I I I ~I~ ~ """" . i LJ I ! , ."--- ~ ~ , , 1\ I. i g o ;>\ t: t ~ : LIGHTNING AUTO CENTE~ l.l ::; 1;- I' ~ 1516 THIRD AVE. CHULA \l\STA. CA. t Ii fi t g g 'r .3 a J." i;,\ t;~ ~ _ (, '/ l!l. m ~. i Iii iH i . iiI nil u n. ! I n ill i i I Ii I i Ii ~ ~ I! ~! i ~ ~ i! ~~u ~;" _ !~I~! .l~l In ~-!~ ""~ """a i,:-g i! :~Ii ~~ n l~~~ I~ t i .gj- 'I! ~ ~ il~' is' ~~ i. iSI 'I" h i; ~'F~ .~ r ';i I ;. . · i ~[ I ~ i I ! ,I nq l~ a Ii ~ ~ F _Z ,'0 qVl q~ 'D "' n o Z n "' 'D -i 'D .... > z mmlif].1.1!fl I Illliillll i I I ~rr Y 11111 i I Iq II i jl II I i . .. ~. , , pI" ; I i . . Z Ie" . . 1IIIIIe I II IJ j . l c- c- c- JJ II' 1" dl P' .d III I I , II Ii 1'1 II! , ...-::~ & I ij '1 i a i I i I ~ I · I ~~!}~ i~ ~ ? ~ i~l~l~ ill. ' ~ Sdl. -, .. ~. ~ " . ~ -.-.--."'-. g [It!!! ~ Hnll ~ nqp -i np~ ~ I 8 ~ i= 1'1 LIGHTNING AUTO CENTER 0 1616 THIRD AVE. CHULA VlSTA, CA. V . _~.. Il!:~ , I I I I I .r I I I I I Ij Ii J ~ ~ '~ & & " i : -W ! ~gi -~! sl! · ~~ I I, i'~ ~: ji : " -->1 < , --) ;,.. . ., . ---) /->~ ,/-> 4 -F I '!~i n.. "~I :S n Z ~ I I I I I I I I I I I I I I I .~~~~~._,_._._,_ _,_._._._._ I 'fi if If I ri~m l ~ ~~ n 11 UW~ ~ ;1 if I, ll:({ ~ .~ u t; ~i,!i '" ;! "Ii ii irf1li ~ I Ii t'.. rr1 It ~ r -I [~ i~. ~ if !I lr 11titl '" r i"l! IJ hf!~ 8 if I :~ .tr!ij 2 'Ill rl ,ruri! ~ t. r r. Irt~~ =~ , f~ 'I: f IN ,if" I ! I if .J ..' ~ I ~ ~'l~ 1:,1 f iP~[ .~ ~ n.' If ii i 1[111 i k J. uftI . l~ I n;;f f I; l lr[it~ i ~t t W~ . Ii i IIJ~ -~) I~!l ~ ,g 33 tlll gl~i i . . h I i~1 ! ~ !i I ." ." , ~~ I i , , ~i~~1 ~~~ ~ i~U I IH " > 'D =~ . g i 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.: 1S-01-038 DATE: November 13, 2001 A. Proi ect Setting The 0.28:t-acre (12,320 sq.ft.) site is located on the northwest comer 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 proj ect proposes to remove the residence and construct an auto center that provides automated carwash (1,240 sq.ft.) and fast lube service (72 I sq.ft.) (see Exhibit B - Site Plan). Water used in the cal-wash 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 carwash, and stacking for two cars entering the lube center, is shown on the site plan. TIle properly 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 Oil tlle 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 pet 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. Otller employees include a manager and cashier. 1 ::3 - 3--Y . (p - f.:,(, 11113/0 I Automobiles would'enter the car wash and lube area from Third Avenue near the intersection with MontgomeIY 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 proj ect 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 RepOlt will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. 1. Geophysical and 'Vater The proposed proj ect 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 gradinglimprovement 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 sedin1entation 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" (0 -It:>7 11/13/01 shoring. Protective devices will be provided at every stann drain inlet to prevent sediment from entering the storm 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 impacts 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 proj ect 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 Quality The proposed proj ect would generate sufficient emISSIons and dust during construction- related activities to result in a short-term significant, but mitigable, impacts to air quality. Although air quality impacts resulting from construction related emissions are potentially significant, they are considered short-tenn 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 airbome 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 Avenue 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 ~ -(..( ..J - 3. (.. 3 11113/0 I made a condition of approval, as well as requirements of the attached Mitigation Monitoring Reporting Program (Attachment "A"). Geophyskal & 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 shall be hydro seeded, 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 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 4 .3 3:] G-Ct/! 11/13/0 1 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 Planning 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 pemlits fTOm 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 pTOcess 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 pemlit 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 tums 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 C,- "20 J-3<t 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, PI3.1ming 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, Chula 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. '0at"~ {j/h~ ~. Marilyn . F. Ponseggi Environmental Review Coordinator Date: /1/1'1/6)/ I t 6 -~-~ ~i 11113/01 .I:\Planning\MARlA \Initial Study\ISO 138mnd.doc (p -).) ::3-90 7 11/13/01 , i ~~ . '---____ ORANGE AVENUE :. '---, .---- L.---.........' ..//" // /.~ " I:; " I: I I. , I ! I i j j \ -- -- --- ~--- -,~ j ...- c-'1"'II-r~..'~ J- I I ~~"-"""-r IDO 8 rill I 80 {. ~ n' I ,I [.....- no ......' -n l--- DO U .-f--1 l--- . '00 R I r- Do8 c:: 8 B B ~r::: DO DO D L \ \ j~ ~ I Mill ] : : II mil H1MONi iTIIIJJ ] ~ ~ /I I I ::/' DJlJJJ I II!~ [IJ I I I o n: LfT-'1rn mIl IJ IIIIU~I III1111I1 ~[[[1ILj II o I ,I II ill RllIII ITJ~I III m~rn 1111 u ZENITH STREET . ] I I I I :! I II ~nTnJlllllJarullll ] II II I ill I III 1EillIJ] \ \ MAIN1 sm'f1L~ \J W n ill III CHULA VISTA PLANNING AND BUILDING DEPARTMENT PROJECT F LELAND HOPE APPUCANT: . PROJECT OESCRIPTION: PROJECT 1616 THIRD AVENUE ADDRESS: INITIAL STUDY LOCATOR FILE NUMBER: IS - 01-038 Request: Proposed construction of a neighborhood auto service center to inciude: a car wash and auto lube center. J (( t No Scaie C :\.'11yfile;;\lo:2Iors\JSD1 03B.cdr 02;07/01 T""Vf 111"'::>~' )\ f'0 z ~ w :5 w ~~ f- z: 0.. w Q) l) w z: L I- 0 f- :J (/) :::> <C Q) -1 D <t: z: .- :::> z: lL... I- " 0.. f- .I! j :r: w D g '~'~I () ..J - . s ~!ie 5g;o''f Z g:.... tl-5'" 0 ~~E ~j~~ ..,x ....~.. 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ATTACHMENT "A" MITIGATION MONITORING REPORTING PROGRAM (MMRP) Lizhtninr;; 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 (IS-01-038). The proposed project has been evaluated in an Initial StudylMitigated 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-Ol-038. AB 3180 requires monitoring of potentially significant andlor 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-Ol-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 1, 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 proj ecl. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last colunm. (H:\home\planning\naria\lS.J)1~49 MMRP text.doc) . ~ - 7s- -a-tt!3 .<1: ..... t: OJ E ..c: t.l <U ..... ..... <1: ... Cll ..... I:: <J> U o ..... ::l <X: '" l~l( ~;~~~:E';i \l;\;''il~''Z'~ :f!~tq:r;:~i:i 1"~II''f';l'~'~,~' i~~~i_;0;t J/ii:..!uti1!l\\',S"" "1'1,~H:"c ~ Wj\t'"~"i-Oo('\ ~1~*~,} S; .1'6/,1,';": Z. i~l .~\,\ ...., !:~r~~~~ c,t",lJ:i.8" ,~ j ~ ,,;;.~ :.J 0:> C"') , ...... o . (/) .':0 CD.. " Q oD " 'C " " " .0..-0 '0'.0 ~~tE ~ " o .g ,,~ " ~ .- t:: 5.- .- - i-o " .. "'f'.''!"." 1~,:~ :f9Kg >< '=,-:u a~,,,, r~~+i l.."'i:= ,l?:iii3 )1i\;;,;,. 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C~ c o u a 0 E ~ ~ ~ g~-o ~ .:::~ 2 ~ .S .b g.- " ~ '- ~~~t8 Cl,) ::t (3 '"0 ..D 6 u 11) = 3: Cl)'C ;g.....:::t:; V,ll...o-""O ;:...,t.8 ;2 c t'tl ;:t: tii ~ ~.E~~ .::; to ::t ~ .... 0 " > "C ......:::;._ E-s-s.a ]:9,.c::ll) t::~'5 g.5 ~ ~ ~'t~~ ~~f-~ ~ o a oli .- 0. U U '00 1ij OQ ..... .5, ~ t; u u .- c c.'en o.c "'"' x x c .9 U u ~ ~ Vi "C ,;: 1= Me a:.g " '" ~.o t) :.0 ~ .... - " '" U i: "C 0 ~ c " '2 > .5 ~ - 0 ~; 'in '" t::i;: '" 0 .~ ~ -a" 0.." '" " " " .<:: > ""..: ~ ~ o 01) ~ u o " ~ :0 ~ a: '" :;: :;: '" '" o !!1 $, '0 ~ 1i5 ~ :E ;;; c: <l: :;: -c, c 'E c '" !!: ''':'; ...5 cf1 ~-7/ Case No.IS-Ol-038 ENVIRONMENTAL CHECKLIST FOR..l\1 1. Name of Proponent: F. Leland Hope 2. Lead Agency Name and Address: City of ChuJa 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 ussthan Significant Impact No Impact 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? o o o ill b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the proj ect? o o o ill c) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? o o o Ii! d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? o o o ill Comments: The 0.28:t-acre (12,320 sq.ft.) site, located on the northwest comer 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. TIle 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.). t,- .10 dJ ~I <(- 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 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 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 wi th 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. Potenti:ally Significant Impact PotentIally Signlficant Unl~ Mitigated Less than Significant Impact N. Impact ll. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? o o o III b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an o o o III 2 ~ --/ i/ undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? o o t1l 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 tnan Potentially Unless Sienificllnt No Significant MitIgated Impact Impact Impact III. GEOPHYSICAL. Would the proposal result in 01' expose people to potential impacts involving: a) Unstable earth conditions or changes in geologic 0 0 0 t1l substructures? b) Disruptions, displacements, compaction or 0 I!l 0 0 overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 I!l 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 t1l 0 t1l either on or off the site? 1) Changes in deposition or erosion of beach 0 0 0 t1l sands, or changes in siltation, deposition or erosion, which may modify the chm"el 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 t1l hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? b- g.:> 3 3. ~ Comments: There are no knOl'.'l1 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 Potentially Significant Less tban Unless Significant No Significant Mitigated hnpnct Impact Impact IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, 0 ll!O 0 0 or the rate and amount of surface runoff? b) Exposure of people or property to water related 0 0 0 Oll hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration 0 0 0 ll!O of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 ll!O 4 d-S I I ~- ~ water bDdy? e) Changes in currents, or the course of direction 0 0 0 " of water movements, in eHher marine' or fresh waters? f) Change in the quantity of ground waters, either 0 0 0 " through direct additions or withdrawals, or through interceptiDn Df an aquifer by cuts or excavations? g) Altered directiDn Dr rate Df fiow Df 0 0 0 " ground water? h) Impacts to groundwater quality? 0 !I 0 0 i) Alterations to the course Dr fiDW of floDdwaters? 0 0 0 " j) Substantial reduction in the amDunt Df water 0 0 0 " otherwise available fDr public water supplies? Comments: The site is nDt located in a mapped fiDDd ZDne and no significant flDDd 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 IO-percent of the site is currently covered with structures and paving. The Engineering Department reports that the on-site drainage facilities are not adequate tD 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 flDws westerly to a storm drain curb inlet at the intersection DfMontgomery 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 CDmmences after February 21, 2002. If constructed after that date, the project would also be subject tD 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. {, - Jy ~ 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 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. 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 ImpRl:t Potentially SiGnificant Unless Mitigated Lcssthan SignHicant Impact No InlpRct V. AIR QUALITY. Would the proposol: a) Violate any air quality standard or contribute to an existing or projected air quality violation? o o o 121 b) Expose sensitive receptors to pollutants? o o o 121 c) Alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally? o o o 121 d) Create objectionable odors? o o o 121 e) Create a substantial increase in stationary or non-stationary sources of air emissions or the deterioration of ambient air quality? o o o 121 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 construction 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 S-3 ('p - ~~ Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a Jess than significant level. Plllcntially Si1:nificant Impact PotcotiaU,. Signlficant Unless Mitl!'::&ted Less than Sll{nificant Impact No Impatt . VI. TRA.NSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? o o ti! o b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., fa1m equipment)? o o ti! o c) Inadequate emergency access or access to nearby uses? o o o ti! d) Insufficient parking capacity on-site or off-site? o o o Ii! e) Hazards or barriers for pedestrians or bicyclists? o o o ti! f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? o o o ti! g) Rail, waterbome or air traffic impacts? o o o ti! h) A "large project" under the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) o o o Ii! Comments: Third Avenue 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 traffio 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 AnT and 32 outbound AnT. 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 I Collector street and has a 22,000 trip capacity (with Level-of-Service C). 7 ,,- If(, "'"i ~..., I~ 'C/ - , '. The existing ADTs is 15,210 and with the project proposal will increase the vehicle trips to 16,230. Third A venue 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 venuelMontgomery Street intersection operates at LOS A and would remain at LOS A with the addition of the project traffic. The Third AvenuelMain 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 Avenue 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 Avenue frontage should be painted as a red curb to prevent on-street parking. Implementatipn 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 Potentially Si;:nlficant Less than Unleu Sil::nlflcant No Signlflc:ant Mitigated Impact Impact lntpact VII. BIOLOGICAL RESOURCES. Would the proposal result ill impacts to: a) Endangered, sensitive species, species of 0 0 0 ill concern or species that are candidates for . listing? b) Locally designated species (e.g., heritage trees)? 0 0 0 ill 0 0 0 ill c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 ill pool)? e) Wildlife dispersal or migration corridors? 0 0 0 . ill f) Affect regional habitat preservation planning 0 0 0 18l efforts? Comments: The site is not located in a biologically sensitive area as identified in the City's General 8 ,;7 T -"--' ~ . (;- rp 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 Si!;l\ilicant Impact Potentially Si\:llUic:anl Unless Mitl!:liltetl Less lhan Sil':ninCllnt Impllct No Impact VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: aJ Conflict with adopted energy conservation plans? o o o [;I b J Use non-renewable resources in a wasteful and inefficient manner? o o o [;I c) Ifthe site is designated for mineral resource protection, will this project impact this protection? o o o [;I 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. potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? o o o IBl 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. PotcntlnUy Siiln1fiCllnt Less than POlenti.ally Unless Si~nliicant No SiGnificant Millglled Impllct Impact Impact X. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 0 IBl 0 b) Exposure of people to severe noise levels? 0 0 IBl 0 Comments: The City of Chula Vista Municipal Code (919.68.030) establishes cornmercialland 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 tv"o 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 westem wall of the car wash building 30 feet beyond the entrance to the carwash, and to extend the wall at the exit of the canvash by 10 feet; the height of these walls will be l4-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 -..:J S 7 Co - 'I' Potentially Signiflcllnl Impact XI. PUBLIC SERV1CES. Would the proposal have an effect upon, or result in a needfor new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other governmental services? Potentiall)' Significant Unless Mitigated Less than No Significant lmp;lct Impact o o I!II o o I!II o o o o I!II o o o I!II o o o I!II o 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. Potenllall Significant Impact XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? o Potenliall)' Significanl Len than Unless Significanl No Mililj:aled lnlpact Impact 0 0 I!II As described below, the proposed project does not result in significant impacts to any of the Threshold Standards. a) Fire/EMS o o I!II o 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 Auio 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 proj ect. \. 11 c, - 11 ~ Mitigation: No mitigation measures are required. b) Police o o o ti! The Threshold Standards require that police units must respond to 84% of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls 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 Cbula Vista Police Department, tbe proposed project will not impact tbe 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 ti! 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 sball not worsen. Comments: The project would generate 650 average daily trips (ADT). The Engineering Division reports that tbe 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) ParkslRecreation o o o ti! 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 will be required because the proposed project is a commercial use. Mitigation: No mitigation measures are required. "'..I~- '\ 6-9/ --.3 ~-9 12 ".~ eJ Drainage o o o I>) 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 Planes) 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 I>) 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 I!l 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 12-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. ~_7~ ~ 13 Mitigation: No mitigation measures are required. Potentially PotentiallJ' Sll:nUianl Less than SignHkant Unless S!~nifjCllnt No. Imp-ue! MiHgat~d lmpacl Impact 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? 0 0 0 IBI b) Communications systems? 0 0 0 IBI c) Local or regional water treatment or 0 0 0 IBI distribution facilities? d) Sewer or septic tanks? 0 0 0 IBI e) Storm water drainage? 0 0 0 IBI f) Solid waste disposal? 0 0 D' IBI 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. POientiaUy Poienti.ally Sili'nlficanl Less than Significant Unless Significant No Impact Mitigated Impact Impact XIV. AESTHETICS. Would the proposal: a) Obstruct any scenic vista or view open to the 0 0 0 IBI public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a 0 0 0 IBI scenic route? c) Have a demonstrable negative aesthetic effect? [] 0 0 IBI 14 ..J .6 ( ~-9d 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 ofthe Chula Vista Municipal Code, Title 19? e) Produce an additional amount of spill light? o o o II o o o II 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 A venue 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. Would the 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 Si~niiic.ant Impact Potenlllllly Significant Unless Mitlgaled Less than Significant No Impact Impact o o o II o o o II o o o II o o II o o o o II Comments: The Conservation and Open Space' Element of the General Plan does not 15 -3~ (" {-# 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 ofpaleontological resources? PoienHully POlentlally Significant Less than Significant Unless Significant N, Impact MlllGated Impael Impact 0 0 0 II 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 Derner", 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. Derner", 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 Impact PGlenlially Significant Unless: Mitigated Less than Significant No Impact Impact XVII. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? o o o II b) Affect existing recreational opportunities? o o o II c) Interfere with recreation parks & recreation plans or programs? o o o II 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 commercial land use. No significant recreation impacts would be created as a result of the proposed proj ect. Mitigation: No mitigation measures are required. Potentially c:l....ln......' 16 J ~3. ~- 'fIr XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an EJR is needed, this section should be compleled. 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 etldangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Potenli.ll.Il~' Sigllllkll.nt llI1pllCt Significant Unless MlliGllted Less than Significant Impact No Impact o 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-ternl, environmental goals? o 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. Mitigation: 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 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. c, - 7f) .J ~(L . f 17 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 till 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 oftemporaiy desi1ting and erosion control devices. These devices include desilting basins, berms, hay bales, silt fences, dikes, and shoring. HAZARDS Asbestos and Lead 1. The applicant shall contract with an environmental consultant certified by tbe State of California to conduct testing for tbe 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 Soills 1. 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 ...1 - :i r: . t; - 7~ 3. 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. AIR QUALITY Construction Related Emissions 1. All unpaved construction areas shall be sprinkled with water or other acceptable dust contr.ol 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 covered or watered. 6. Disturbed areas shall be hydroseeded, 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 Avenue frontage to prevent on-street parking. t,_7..J .~ 19 ~o~-14~Ol 03:25P A.D.HINSHAW ASSOC. 619 258 8214 .P~04 ,xx. . ACllEEM~:NT TO II\1PLEMl<;NT MITIGATlUN MKASURES gy signing the lin~(,) provided below, the Applicant(s) ilmJlur Oporator(,) ~tiplll:J.te that tl"y hove e"eh road. under,tood and have: their respective.: c()/l1p2lny's <luthority to and do agn.:c Lu the mitigation l11t:a!;urc~ colltnlned ht;rL:inl and will implemcnt >ame to tbe ,atisfaction of the Envircmmentnl Revicw Coordinator. Failure to sig/\ the line(~) provided helow prior to posting of this [MitilOatcdl Negative Lkt:lnration with the Cuunty Clerk shull indicate the Applicant" and/or Oreraror', desire that the Prujeet be held in abeyance without approval and that Arplicant(,) :J.nd/or Operato1'(') ~halJ apr1y for iln Environrnentallmpac~ePllrt. . ~. Lp c=::, \- Prh ted N~;lle "n ,f horerty wncr ._~~l of D~ WoeI' II ~~I ~..\ Date Printed Nallle and Tit.le of Opera to I' Signature nfOperator Date XXI. ENVIRONMENTAL FACTORS POTENT!.A.!.!.Y AFI"ECTED: Tbe environmental faclDrs checked helO\v would be potentially allected by this projec:t, invulving at least one impact thar is a "Potentially Significal1tlmpact" ur "l'orentially Significant Unless Mitigated," a, illdicar.cd by the checklist un the following pages. 0 Land Use ano Planning .. Tran 'po rtati 0 n/Ci rcu la.ti un 0 Publie Sc:rviecs 0 Populatioll and Housing 0 Biulogical Resource, 0 Utililie, and Service Systems .. Geophysical 0 Energy and Mineral Rewllrcc, 0 Aesthetics .. Water .. Ha;oard.s 0 Cult.ural Resources .. -",,;r Quality 0 Noise 0 RecTC:J.li on 0 Paleunlology 0 Mandatury Findings of Sign; Iicanee t, - 'if 20 -,3 -G I Nav-1~-Ol 03:26P A.D. HINSHAW ASSOC. 619 258 8214 XXTT. DET<:KMTNATIUN: On the hosis of this initial ev<\]uation; I find that thc proposed project. COULD NOT have a significant errcel I1n the environment, and a NEGATI VE DECLARA TJON will be prepared. I find rhat "lthuugh the propoBeu project coulu have a significant effect on the envirunment, there \vill not he a Si&'l1iiicant effect in this case becnu~c the mitigation mea,lIrc, described on "n ",laehed sheet have been added tu [lie project. A MlTIGA TED NEGA 1'IVI:: llECLARA nUN will be p]'epared. 1 find that the pruposed project M^ Y have a significant effect on tk cnvil'l1nment, and an ENY1KONMEN1'AL lI'vIPACT REPURT is required. 1 find that the prupo$cd pl'Dject MA Y have n ,ig:ni[icanl e!fecl(,) on the environlt1unt, but <.It. ICi'ist one effect.: 1") ha.s been adcqu~Lcly nnnlyzed il1 an earlier du<.;umc:nt p\lrSw..mt lu applicahle Jegal ,tandard" and 2) haB been addres,ed by mitigation me,,,,,,.e, based 011 tnu earlier analysis as de,cribcd on attached ,hects, if the ef["~l is a "potentially signiticant impact;;" or "potentially ,i~'11i!ie"nt unle" mitigated." An ENVIRONMENTAL IMPACT REPORT i, required, but it must 'inalyze only the effccts that remain tn be oddres,ed. I Ilnd th,t all.howgh rhe prop08eri project. euuld have a ,ig~illcant effect. on the environment. there WILL NOT be a signiticantefrcet in this caBU because all pute~tially ;;igni!i~"nt effect, (a) have been analy/.cd adequately in an earlier E1R pursuant 10 3pplicable stand3rds and (b) have been avuided or mitigated pu,"uant to thaL carlie]' EIR, including revisions 01' mitigatiun measures that arc imposed upon the propo;;ed project. All addendum ha, been prepared m provide;, record ofthi, uutcrrnination. ~~({??M(>:S. Environn11;nlal Revlew Coordinator City of ehula Vista 11/1'1/0/ Daf t J:\f'lillll\illg\MARlA\Illitl:t\ Study\] 5-0 1-:,6chkl.~1.J()l\ ~ - 7PtJ 1;/ 21 --3 .....0 ~ ~ -jpo P.05 o . o o o REVISED ADDENDUM TO LIGHTNING AUTO CENTER MITIGATED NEGATIVE DECLARATION IS-01-038 PROJECT NAME: LIGmNING 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-01-038 DATE: January 18,2002 Revised February 14,2002 1. 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 of the following conditions is present: 1. The minor changes in the proj ect 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 project 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 3cd Avenue rather that the alley along the northern property line. b. Relocating Bw seven on-site parking spaces. c. Includmg an aut9mobile dri'.'e through lan~ from th~ all~y along the ilOlthern pr9]3€lrty hfl~ to th~ ~xit lanes from the sit~. This 8riy~ through lail@ could 9~ used as a pa,king spac~ for custom@rs ,,- .....~ d ?-~d/ Page 1 inqlliring about s8f"ices a':ailable at the faGility. 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 IS-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 A venue 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 Avenue 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 adjacent to the northern property line. The parking area would be accessed from the alley along the northern boundary of the site. --.5 e:, 7d - itlJl Page 2 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-OI-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. 0~!if~ f& Marilyn .F. Ponseggi, v 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 AI-Ghafiy, Civil Engineer, Traffic Engineering (, - ,{t;> \ .67 ,I , r; -1i:!3 Page 3 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 (Willett/Thomas) (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 staffs 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. C? _/0$ d - '7 2.:. 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 washand cars exit virtually dry requiring minimal touch-up of windows and mirrors. Commissioner Thomas inquired whatthe 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. ~-Ior ..J 7J 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 aI/ow 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. Otay Ranc iI/age 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 i1ities finance Plan, Affordable Housing Program and other regulatory documents for 2,232 dwelling nits on approximately 386 acres in village Six of Otay nch located generally in the , north central portion of e Otay 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-<<tects 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 ~ram 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 i~ 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 orderto 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 ofthe City of Chula Vista. Th are: Co _ /o,r-- a7l../.- 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: CI Altered circulation plan in order to eliminate potential stacking of vehicles exiting the car wash from entering onto the dedicated alley. CI Car wash and lube center vehicles will exit from the northerly driveway onto Third Avenue CI 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. CI 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 at the entrance of the premises in order to prevent cars from impeding traffic flow along Third Avenue. Mr. Phelps responded that a portion ofThird 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 c, - ,lOll- ....!5 - I::' 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-80S, 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 lO-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 5., San Diego, Traffic Engineer, stated that a queing analysis was conducted based performa and how quickly the cars can be serviced. The 95 percenti Ie 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. " &, '" lOp .3 1(. 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 "perfed" 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. C - /oy -:3-1'7~ REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: MEETING DATE: -, 06/04/02 ITEM TITLE: PUBLIC HEARING TO CONSIDER GRANTING AN OWNER PARTICIPATION AGREEMENT AND SPECIAL USE PERMIT WITH ANTHONY RASO FOR THE DEVELOPMENT OF A 8,664 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA RESOLUTION APPROVING AN OWNER PARTICIPATION AGREEMENT WITH ANTHONY RASO FOR THE DEVELOPMENT OF A 8,664 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA RESOLUTION APPROVING A SPECIAL USE PERMIT FOR THE DEVELOPMENT OF AN APPROXIMATELY 8,664 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L\3-tMs. .- REVIEWED BY: EXECUTIVE DIRECTOR<O,r. Q~ " 4/51H5 YOTE: YES D NO 0 BACKGROUND On December 1,2001, Agency staff received an application from Anthony Raso ("Applicant") for o new restaurant/game center (La Bella Cafe and California Game Center) to be located ot 289 G Street in the Town Centre I Redevelopment Project Area. Pursuant to the Town Centre Land Use Policy, the game center land use requires 0 Special Use Permit approved by the Redevelopment Agency Board. In addition, new construction requires the concurrent opproval of an Owner Participation Agreement for development of the project. The project proposes 0 50 seat capacity restaurant (Lo Bello Cofe) that will function both independently from the adjoining Lo Bello's Pizzerio and as an annex for over-flow. The operotion will share kitchen and storoge focilities. In addition, the project will provide family gaming, including 10 pool tables, shuffleboard, ond a video game arcade. The proposal has been deemed exempt from environmental review pursuant to the Colifornia Environmental Quality Act, Section 15303(c) of the California Code of Regulations. 7 -I PAGE 2, ITEM NO.: MEETING DATE: 06/04/02 RECOMMENDATION Staff recommends approval of the Owner Participation Agreement and Speciol Use Permit for the development of on approximately 8,664 sq. ft. restauront and game center (Lo Bello Cafe ond Californio Game Center) ot 289 G Street in the Town Centre I Redevelopment Project Areo. BOARDS/COMMISSIONS RECOMMENDATION On February 13, 2002, the Town Centre Project Area Committee (TCPAC) held 0 noticed public hearing and took testimony concerning the proposed land use. The TCPAC voted unanimously to support the project subject to conditions, which have been incorporated into the Special Use Permit. On April 1, 2002, the Downtown Business Association voted to support the project os conditioned by the Town Centre Project Area Committee. DISCUSSION Site Characteristics The project site consists of 0 vacant near-level graded 10,000 sq. ft. lot locoted on 289 G Street, east of Third Avenue in the City's Town Centre I Redevelopment Project Areo. The project site hos been cleared of all vegetotion and does not represent viable habitat for any sensitive animal species. Surrounding uses ond zoning include the following: . North: City parking lot; Commercial Office (CO) Zone . East: Residential building used for commercial use; Commercial Office (CO) Zone . South: G Street; Adjacent buildings ore in Central Commerciol (CC) Zone . West: Retail strip center; Centrol Business District (CB) Zone Proiect Proposal La Bella Pizza hos been in the community since 1955. Applicant proposes 0 new La Bella's Cof€> ond California Game Center, which will combine food service with adult and children's games, including pool, shuffleboard, and video games. The proposed project will consist of a new building of 8,664 sq. ft. in the Town Centre I Redevelopment Project Area. The total building orea consists of the following: . La Bella Cafe - 2,000 square feet; . Californio Gome Center - 3,000 squore feet; ond . Underground Porking (15 spaces)- 3,664 square feet. The business will share employees with the adjoining Lo Bello's Pizzeria, plus hire severol new employees. A moximum of 2-3 trucks per week will visit the project site for loading/unloading. 7- :L PAGE 3, ITEM NO.: MEETING DATE: 06/04/02 Land Use Compotibilitv The applicant's proposed building will be compatible with the standards of quality of the surrounding developments. The proposed use (restaurant and game center) is consistent with the project site's zoning and lond use designation (with 0 Special Use Permit), which ore Commercial Office (CO) and Mixed Use, respectively. The use olso is consistent with the newly adopted Town Centre Land Use Policy, with the adoption of a Special Use Permit. Parkina & Accessibilitv: The proposed development will provide a toto I of 15 on-site underground parking spaces, which is 35 spaces short of the required parking per City regulations. The applicant will be required to pay into the City's Downtown Parking District In-Lieu Porking Progrom (established by Council Resolution in 1987) for all spaces not provided. The Downtown Parking District maintoins a number of parking lots and 0 750-car porking structure. The In-Lieu fee program was set-up for exoctly this type of in-fill development. The fee for this project is estimated at opproximately $61,250. Staff is recommending that the In-Lieu fee be dedicoted to parking lot improvements to the two lots located directly behind the subject property. The Town Centre Project Area Committee, acting as the Parking Places Commission, will confer with staff ond determine the oppropriate improvements to the lots prior to issuance of a Certificote of Occupancy. The project will need to comply with 011 building code requirements for accessibility. Landscapina As this is a small, urban infill project, landscape and irrigation plans will be reviewed and approved by the City's Landscape Planner prior to issuonce of a building permit. Owner Participation Aareement The OPA runs with the land ond outlines developer responsibilities. Among others, the opplicant will be required to: 1. Develop the property in occordonce with the approved development proposal subject to the conditions of all City Departments and the Town Centre Project Area Committee; 2. Secure 011 necessary permits; 3. Provide a security plan acceptable to the City's Police Department; ond 4. Maintain the property in first class condition. Development conditions are enumerated in Section F of the attoched SUP Resolution. Among the major conditions of opproval are the following: · Normal hours of business subject to the requirements of 0 Police Security Plan (see below); . Landscope plan approval required before issuance of 0 building permit; . No game play by minors during school hours unless occompanied by on adult; 7--3 PAGE 4, ITEM NO.: MEETING DATE: 06/04/02 . A variety of strict noise conditions have been applied; . Payment of In-Lieu porking fees ond 1 % towards the arts or equivalent. Police Security Plan Applicont has met extensively with Police Department representotives to work out a Security Plan for the operation. The Security Plan must be finalized before applicant receives a final Certificote of Occuponcy. The draft Security Plan has been agreed to in concept. Police will review complionce with the Security Pion during and after the first six months of operation. The Security Plan includes the following major requirements: . A minimum of three employees will be on duty while meols ond drinks ore being served; . A State-licensed security guard will be present during evening hours; . Video camero monitors will be installed throughout the focility ond in the porking garage; . Sufficient lighting will be installed in all public areas; . Closing hours will be restricted to the same as La Bello's Pizza (Sun.-Th. 9-12:30; Fr.-Sat. 9- 1:30); . All persons under 18 years of age will be escorted off premises at 10:30 p.m. eoch night; . If no food service is being served, all persons under 21 will be escorted off premises at 10:00 p.m. each night; . No alcoholic beverages be allowed in the go me arcode section of the focility. Conclusion Staff recommends approval of the Owner Participation Agreement and Special Use Permit. The proposed project will be beneficial for the City because it will convert an underutilized parcel into o higher and better use, bring new private sector investment into the project orea, and contribute to the elimination of blighting influences. The project is consistent with the City's Municipal Code and General Plan, and the Town Centre Redevelopment Plan and Implementation Plan, os well as the recently amended Town Centre Land Use Policy. With the operating conditions imposed on the project, staff believes the business will be able to operate without undue impacts on adjoining businesses or residences. FISCAL IMPACT The proposed project hos on estimated valuation of $1,000,000 over base year volue. This will generate an annual tax increment revenue of opproximotely $10,000, which will be distributed os follows: 20% ($2,000) for the Housing Set-Aside fund; and the remaining 80% ($8,000) will accrue to the Town Centre I Redevelopment Project Area fund. In addition, the project is expected to generate $1656 in annual business license ond orcode game mochine license fees. Soles tax revenues are expected to be approximately $60,000 annually. The In-Lieu fee of approximotely $61,250 will be utilized to upgrade City parking lots immediately odjocent to the project site. 7-4 PAGE 5, ITEM NO.: MEETING DATE: 06/04/02 AnACHMENTS Attachment A - Locator Map Attachment B - Town Centre Project Area Committee Stoff Report Attachment C - Private Porking Agreements Attachment D - Site Elevation Attachment E - Aerial Photo Attochment F - Floor Pion Attachment G - Parking Lot (Before) Attachment H - Perking Lot (After) Attachment I - Letters J:\COMMDEV\ST AFF .REp\05-07 -02\labellastaffreportagency. DOC 7-~- AGENCY RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT WITH ANTHONY RASO FOR THE DEVELOPMENT OF A 8,664 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA WHEREAS, Anthony Raso has presented development plans for the construction of a 8,664 square foot restaurant and game center, with associated parking, landscaping and driveways; and WHEREAS, the site consists of a vacant 10,000 square foot lot located at 289 G Street in the Town Centre I 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 Town Centre Project Area Committee, which acts as both the Planning Commission and Design Review Committee for development within the Town Centre I and II Project Areas, heard this item at a duly noticed public hearing held on February 13, 2002 and voted unanimously to support the development proposal with conditions as set forth in the Special Use Permit; and WHEREAS, the Redevelopment Agency's Environmental Review Coordinator determined that the project proposal is exempt from environmental review pursuant to the California Environmental Quality Act, Section 15303(c) of the California Code of Regulations for construction of small structures; NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The proposed project is deemed exempt from environmental review and is hereby adopted in accordance with CEQA. 2. The proposed project is consistent with the City of Chula Vista General Plan, and the Town Centre I 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, and create jobs in a blighted 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 Anthony Raso to construct a 8,664 square foot restaurant and game center in the Town Centre I Redevelopment Project Area, subject to the conditions set forth in the Special Use Permit (SUP#TC1-02-02. 7-~ Resolution No. Page 2 5. The Chairperson of the Redevelopment Agency is hereby authorized to execute the subject Owner Participation Agreement between the Redevelopment Agency and Anthony Raso. 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: ~,~/ Chris Salomone Community Development Director M John . Kaheny ttorney and Agency Counsel J:\COMMDEV\RESOS\GAMECENTERRESO.DOC 7-7 RESOLUTION NO. 1778 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A SPECIAL USE PERMIT (SUP#TC1-02-02) FOR THE DEVELOPMENT OF AN APPROXIMATELY 8.664 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA A. RECITALS 1. Project Site WHEREAS, the site consists of a vacant 10,000 square foot lot located at 289 G Street in the Town Centre I Redevelopment Project Area under the jurisdiction and control of the Redevelopment Agency of the City of Chula Vista: and 2. Project Applicant WHEREAS, on December 1, 2001 a duly verified application for a Special Use Permit (TC1- 02-02) was filed with the City of Chula Vista Redevelopment Agency' by Anthony Raso ("Applicant"); and 3. Project Description WHEREAS, Applicant has presented development plans for the construction of a 8,664 square foot restaurant and game center, with associated parking, landscaping and driveways; and 4. Environmental Determination WHEREAS, the Redevelopment Agency's Environmental Review Manager determined that the project proposal is exempt from environmental review pursuant to the California Environmental Quality Act, Section 15303(c) of the California Code of Regulations for construction of small structures; and 5. Town Centre Project Area Committee Record on Application WHEREAS, the Town Centre Project Area Committee, which acts as both the Planning Commission and Design Review Committee for development within the Town Centre I and II Project Areas, heard this item at a duly noticed public hearing held on February 13, 2002 and voted unanimously to support the development proposal with conditions as set forth in this Special Use Permit; and 6. Redevelopment Agency Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the Redevelopment Agency of the City of Chula Vista on May 14, 2002 to receive the recommendation of the Town Centre Project Area Committee, and to hear public testimony with regard to same. 7-~ 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. TOWN CENTRE PROJECT AREA COMMITTEE RECORD The proceedings and all evidence on the Project introduced before the Town Centre Project Area Committee at their public hearing on this Project held on February 13, 2002 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency does hereby find that, in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City Of Chula Vista, the project is categorically exempt pursuant to CEQA, Section 15303(c) of California Code Of Regulations. D. INDEPENDENT JUDGMENT OF THE CITY OF CHULA VISTA REDEVELOPMENT AGENCY The Redevelopment Agency finds that the Categorical Exemption for this Project reflects the independent judgment of the Redevelopment Agency of the City Of Chula Vista. E. SPECIAL USE PERMIT FINDINGS 1. That the proposed use at the particular location is necessary or desirable to provide a service or facility, which contributes to the general well being of the neighborhood or the community. The restaurant and game center land use would provide desirable services to the general community and would be especially accessible to residents and workers in the Town Centre and surrounding area. The proposed use provides family entertainment that if properly supervised will be a benefit to the area and will conform with the Downtown Vision statement supporting entertainment uses. The proposed use would be consistent with adopted policies in the General Plan and the Redevelopment Plan for the area. 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 use would not be detrimental to persons, but would make available desirable services to the general public as a family establishment with recreation opportunities for local residents. The services would be especially accessible to residents and workers in the vicinity of the Town Centre Redevelopment Project Area. The project is categorically exempt from the California Environmental Quality Act and would not result in any significant environmental impacts. The establishment and 7-9 operation of the use would be subject to the requirements of responsible agencies with jurisdiction. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. The proposed use as presented and conditioned by this Special Use Permit complies with the regulations of the Municipal Code, and addresses shortage of parking by paying into the In Lieu Parking Fee program in the Town Centre Parking District. The Redevelopment Agency does hereby find that the conditions herein imposed on the grant of this permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed project. 4. That the granting of this special land use pennit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any government agency. The project is consistent with the policies of the General Plan. The project is located within the boundaries of the Central Chula Vista Area Plan (Chapter 10 of the General Plan). The proposed use would be consistent with adopted policies in the General Plan and the Redevelopment Plan for the area. The proposed use is consistent with the goal of the Town Centre Redevelopment Plan, the Downtown Vision Statement, and Town Centre Project Area Committee Land Use Policy, which call for the revitalization of the Town Centre and downtown as a commercial district. Granting a special land use permit for the proposed use will reaffirm the effectiveness of the land use provisions of those documents. F. TERMS OF GRANT OF PERMIT The Redevelopment Agency hereby grants Special Use Permit TC1-02-02, subject to the following conditions: 1. The subject property shall be developed as described in the application and plans. except as modified herein. 2. The conditionally permitted uses of the subject property shall be limited to a game center and restaurant as described in the application and plans, except as modified herein. 3. The floor plans and the floor areas devoted to each of the conditionally permitted uses of the subject property shall not be modified. 4. The conditionally permitted uses of the subject property shall not exceed the maximum occupancy load pursuant to the Uniform Building Code. 5. The hours of operation of the use shall not exceed the hours of 9:00 a.m. to 12:30 a.m. Sunday through Thursday and 9:00 a.m. to 1 :30 a.m. Friday and Saturday, except as modified by any Police Department Security Plan (or as modified from time to time in a Revised Security Plan) that shall be approved prior to issuance of a Certificate of Occupancy. 6. The applicant shall pay the required In-Lieu parking fees into the Town Centre Parking District for additional parking stalls pursuant to Section 19.62.040 of the Municipal Code prior to issuance of a building permit. Such fees shall be expended 7-10 to improve the two parking lots immediately behind the subject property as determined by and in consultations with the Parking Places Commission. 7. The applicant shall obtain all necessary permits from the Chula Vista Planning and Building Department and Fire Department. The project shall comply with the requirements of the edition of the Uniform Building Code and the Uniform Fire Code in effect at the time of issuance of any permit. 8. This permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Chula Vista Municipal Code. 9. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit to protect the public from a specific condition dangerous to its health or safety or both due to the project, which condition(s) the City shall impose after advance written notice to the permittee and after the City has given the permittee the right to be heard with regard thereto. However, the City in exercising this reserved right/condition, may not impose a substantial expense or deprive permittee of a substantial revenue source which the permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 10. 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 walls, berms, andlor landscaping to the satisfaction of the Community Development Director. 11. All roof appurtenances, including air conditioners and other roof mounted equipment andlor projections shall be screened from view and the sound buffered from adjacent properties to the satisfaction of the Community Development Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Community Development Director. Details shall be included in building plans. 12. 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 Community Development Department. Additionally, the project shall conform to Sections 9.20 of the Chula Vista Municipal Code regarding graffiti control. 13. Landscape and irrigation plans shall be reviewed and approved by the City Landscape Planner prior to issuance of a building permit. The landscape plan shall identify a fixed storage rack designed to secure the frame and wheel of not less than ten bicycles in an area approved by the City Landscape Planner. 14. Provide sufficient space for designated "recyclables" and ensure that provisions are made to meet the minimum 50% recycling requirement to the satisfaction of the Recycling Coordinator for the City of Chula Vista. 15. Applicant shall obtain a construction permit from the Engineering Division for any work in the City's right of way. 16. Driveway approaches must be constructed per Chula Vista Municipal Code requirements. 17. Applicant shall seek and obtain all permits necessary for the project, including but not limited to a grading permit if determined to be required by the City Engineer. 7-11 18. Plans and construction must comply with the most recently adopted Uniform Building Code, Uniform Plumbing Code, Uniform Electrical Code, and Uniform Mechanical Code. Plans shall also comply with Title 24 Energy and disabled access requirements. 19. School fees shall be paid to the appropriate school districts as part of the building permit process. 20. Prior to occupancy permit Applicant shall schedule a security survey and training through the Police Department Crime Prevention Unit regarding emergency and police reporting procedures. A security plan shall be prepared and approved prior to issuance of a Certificate of Occupancy and implemented to the satisfaction of the Police Chief. 21. Game play by minors is prohibited during normal school hours, except when accompanied by an adult 21 years of age or older. 22. Applicant shall seek and obtain approval of a sign plan. All signage shall be subject to a sign permit issued by the Community Development Department. 23. The applicant shall and does hereby agree to indemnify, protect, defend, and hold harmless City, its Council members, officers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from a) City's approval and issuance of this special land 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 without limitation, any and all liabilities arising from the operation of the facility. Applicant shall acknowledge their agreement to this provision by executing a copy of this special land use permit where indicated below. The applicant's compliance with this provision is an express condition of this permit and this provision shall be binding on any and all of the applicant's successors and assigns. 24. The use of any amplifying system or device is prohibited on the exterior of the building, and the use of any such system or device inside the premises shall not be audible outside the premises. 25. Entertainment provided shall not be audible beyond the area under the control of the licensee(s) as defined on the ABC-257, dated May 24, 2000 and ABC253 dated May 24, 2000. 26. The rear and front door shall be kept closed at all times during the operation of the premises except for the ingress and egress of patrons and to permit deliveries. Said door(s) are not to consist solely of a screen or ventilated security door. 27. At all times when the premises are open for business the sale of alcoholic beverages shall be made in conjunction with the sale of food. 28. Permittee shall regularly police the area under their control in an effort to prevent loitering of persons about the premises. 29. Permittee shall not require the purchase of a minimum number of drinks. 30. Permittee shall pay either 1) one percent (1%) of total construction costs into the 1% for the Arts Program or 2) provide an art work of equivalent value that is publicly accessible and approved by the Town Centre Project Area Committee prior to issuance of a Certificate of Occupancy. 7-/2... 31. Any violations of the terms and conditions of this permit shall be grounds for revocation or modification of permit. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines 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 andlor applicant, and a signed, stamped copy returned to the City Clerk and Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property ownerlapplicant's desire that the project, and the corresponding application for building permits andlor a business license, be held in abeyance without approval. Said document will also be on file in the Redevelopment Agency Office and known as Document No. Date: ~~~,- Anthony Raso, 0 nerlApplicant y - 23-02 I. NOTICE OF EXEMPTION The Environmental Review Manager has reviewed for compliance the CEQA and has determined the project qualifies for a Class C category exemption pursuant to Section 15303 of State CEQA Guidelines. Thus, no further environmental review is necessary. J. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and 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 valid. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS7'h DAY OF MAY 2002. Presented by: Approved as to form by: &,~~ Chris Salomone Community Development Director Joh . Kaheny Ci Attorney and Agency Counsel J:\COMMDEV\Estes\TCI\game center\gamecentersupreso.doc 7-/3 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 La Bella Pizza Expansion/California Game Center (SUP# TC1-02.02) Anthony Raso, Owner 289 G 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 Anthony Raso, (hereinafter referred to as "DEVELOPER") effective as of April 16, 2002. WHEREAS, the DEVELOPER desires to develop real property within the TOWN CENTRE I 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 Town Centre Project Area Committee, which functions as the Design Review Committee and the Planning Commission for the Town Centre I Project Area, forthe construction of a of a 8,664 sq. ft. game center and cafe, and required on-site parking, landscaping and driveways (the "Project"); and, WHEREAS, said plans for development have been recommended for approval by the Town Centre Project Area Committee; and, WHEREAS, the AGENCY has considered the recommendation of the Town Centre Project Area 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 as Assesso~s Parcel Number 568-350-18 located at 289 G Street, Chula Vista, CA., shown on locator map attached hereto and by this reference incorporated herein ("Property"). 2. The QEVELOPER covenants and agrees by and for himself, his heirs, executors, administrators and assign's and all persons claiming under or through them the following: A. DEVELOPER shall develop the Property with the Project in accordance with the AGENCY approved development proposal attached hereto as Exhibit "A". B. DEVELOPER shall obtain all necessary federal/state and local governmental permits and approvals and abide by all applicable federal, state and local laws, regulations, policies and approvals in connection with the development of the Project. DEVELOPER further agrees 7-1:S- 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 building permits within one year from the date of this Agreement and to actually develop the Property with the Project within one year from the date of issuance of the building permits. In the event DEVELOPER fails to meet these deadlines, the Agency's approval of DEVELOPER's development proposals shall be void and this Agreement shall have no further force or effect. D. In all deeds granting or conveying an interest in the Property, the following language shall appear: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and alt persons claiming under or through them, that there shalt be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, national origin, ancestry or sexual orientation in the sale, lease, subtease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shalt 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 often ants, lessees, subtenant lessees, or vendees in the premises herein conveyed. The foregoing covenants shalt 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 alt persons claiming under or through him, and this lease is made and accepted upon and subject to the foltowing conditions: That there shalt be no discrimination against or segregation of, any person or group of persons, on account of race, color, creed, national origin, ancestry or sexual orientation, in the leasing, subleasing, transferring use, occupancy, tenure, or enjoyment of the premises herein leased, nor shalt 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 AGENCY as set forth in the Special Use Permit (SUP# TC1-02-02) 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, if any. 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. 7-((P A. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughoutthe term ofthisAgreement, 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 laws, permits, licenses and other governmental authorizations, rules, ordinances, orders, decrees and regulabons 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 shall have the right to enforce this lien either by foreclosing on the Property or by forwarding the amount to be collected to the Tax Assessor who shall make it part of the tax bill. B. DEVELOPER shall promptly and diligently repair, restore, alter, add to, remove, and replace, as required, the Property and all improvements to maintain or comply as above, or to remedy all damage to or destruction of all or any part of the improvements. Any repair, restoration, alteration, addition, removal, maintenance, replacement and other act of compliance under this Paragraph (hereafter collectively referred to as "Restoration") shall be completed by DEVELOPER whether or not funds are available from insurance proceeds or subtenant contributions. C. In order to enforce all above maintenance provisions, the parties agree that the Community Development Director is empowered to make reasonable determinations as to whether the Property is in a first class condition. If he determines it is not, he (1) will notify the DEVELOPER in writing and (2) extend a reasonable time to cure. If a cure or substantial progress to cure has not been made within that time, the Director is authorized to effectuate the cure by City forces or otherwise, the cost of which will be promptly reimbursed by the DEVELOPER. D. FIRST CLASS CONDITION DEFINED. First class condition and repair, means an efficient and attractive condition, at least substantially equal in quality to the condition which exists when the Project has been completed in accordance with all applicable laws and conditions. 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 approval 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 real 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, directly or indirectly, from (a) AGENCY's approval of this Agreement, (b) AGENCY's or City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in 7-/7 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 1-/8 Signature Page To Owner Participation Agreement with Anthony Raso, Owner 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: By: Shirley Horton, Chairman "DEVELOPER" Anthony Raso, Owner DATED: By: Ci':;;~~ /l1>"-'<-r-- Anthony Raso, Property Owner NOTARY: Please attach acknowledgment card. APPROVED AS TO FORM BY: John M. Kaheny, Agency Attorney ATTEST: Chris Salomone, Community Development Director -,-/9 ~~~~ ~!ft. :A:" 0lYO< ctUIA VlSfA Project Site 289 G Street SUP TC1-02-02 Cl) ~_^lJOfI'YQEIIl 100 , o 100 200 Feet 7-:1-0 ATTACHMENT B TOWN CENTRE PROJECT AREA COMMITTEE STAFF REPORT Meeting Date: February 13, 2002 Item Title: Public Hearing: Restaurant - Game Center (SUP#TCI-02-02) 289 G Street (APN 568-350-18) Subject Property: Applicant: Anthony Raso, Property Owner The applicant has requested a special land use permit to allow a restaurant and game center at 289 G Street located within the Town Centre I Redevelopment Project Area. The proposed use is permitted subject to the issuance of a special land use permit within the Central Commercial area of the Town Centre Redevelopment Plan; therefore, the proposal requires consideration by the Town Centre Project Area Committee and the Redevelopment Agency. The proposal is exempt from environmental review pursuant to the California Environmental Quality Act, Section 15303(c) of the California Code of Regulations (Construction of small structures). RECOMMENDATION: Staff recommends that the Town Centre Project Area Committee: 1. Hold a public hearing and take public testimony; and, 2. Recommend that the Redevelopment Agency approve the applicant's request based on the findings and conditions listed in the following staff report. BACKGROUND: Redevelopment Plan The Town Centre Redevelopment Plan land use designation for the subject property is Central Commercial. This land use designation allows a mixture of commercial uses, including but not limited to retail, office, hotel, service, entertainment, educational, and auxiliary uses (Article VI, Section 600.2). The establishment of amusement arcades, which are defined as facilities wherein are found games. rides, coin operated or toke operated machine or device, shooting galleries, movies or entertainment machines and other games of skill or chance offered to the public, in the Central Commercial land use designation is contingent on the approval of a special land use permit from the Redevelopment Agency. The applicant is requesting approval of a special land use permit to allow the construction of an 8,664 restaurant/game center at 289 G Street. Property Description The subject property is located on the south side of G Street immediately to the east of the corner property on Third Avenue. The parcel is irregular in shape with a 50-foot width and approximate 200 foot depth for a total area of 10,000 square feet. The parcel has 50 feet of frontage on G Street and backs to a public storm drain structure. Surrounding land uses include a mixed use commercial strip development at the corner of G Street and 3rd Avenue, residences, and La Bella Restaurant. The property is presently vacant with the recent demolition of an office structure. J:\CQMMDEv\EstasITCI\game cenler\la bella game center1 ,doc Page 1 of 5 04/02/02 7 -.2../ Mixed Use Office/Single-Family Residence 217 Landis Avenue (Johnston) Proposed Improvements 8,664 square foot cafe with billiards and arcade with tuck under parking lot of 15 spaces. ANALYSIS: General Plan Consistency The project is consistent with the policies of the General Plan. The project is located within the boundaries of the Central Chula Vista Area Plan (Chapter 10 of the General Plan). Section 2.1, Land Use, identifies mixed uses as a primary element of Town Centre I and identifies approximately 28 acres for the mixed use category of land uses. Goal 3, Objective 10 of the Area Plan specifically calls for "mixed commercial office/residential uses" within the vicinity of Third Avenue. The Land Use Diagram delineates mixed use areas near Third Avenue. Section 5.1, Urban Core, identifies residential/office mixed use for the area south of E Street, west of Third Avenue, and east of Friendship Park. Section 5.3, Third Avenue Shops and Mixed Use, identifies mixed use for the area north and east of Friendship Park, along Glover, Garrett, and Landis Avenues. Redevelopment Plan Consistency The project is consistent with the Town Centre Redevelopment Plan. Article I, Section 120, sets forth the objectives of the Redevelopment Plan. The proposed project would further these objectives, including: "C. The strengthening of the mercantile posture of Town Centre and the improvement of retail trade therein: E. The retention and expansion of viable land uses, commercial enterprises, and public facilities within the area; F. The attraction of capital and new business enterprises to the core: J. The establishment of Town Centre as the South Bay's principal center for specialty goods and services: and L. The reorientation of the people of Chula Vista to their core area, and the resultant promotion of a sense of 'towness'." Article VI, Section 600.2, of the Plan states that areas designated "Central Commercial" on the Town Centre Redevelopment Land Use Plan may be used as a mixture of commercial uses. ParkinQ Requirement Chula Vista Municipal Code Section 19.62.040 allows for an in lieu parking fee for non residentiai uses within the boundary of a parking district, which this site is, while Section 19.62.050 states that, "in the case of any building, structure, or premises, the use of which is not specifically mentioned herein... the approving authority may apply a ration based on a similar existing use not found herein." The City does not presently have a standard for a mixed use establishment such as the proposed project. The project is part restaurant, part game arcade. Many cities allows for shared and joint use parking reductions where it can be clearly shown that the parking space users are frequenting more than one establishment. A survey of California cities indicated parking standards varying for game arcade use from one per one hundred square feet to one per two hundred fifty square feet of gross floor area. Assuming the 5000 square feet of gross fioor area indicated, this would require between 20 and 50 parking spaces depending on the ratio accepted. The applicant has indicated there will be a maximum of 75 fixed seats for the restaurant portion of the building, which would require 30 parking spaces (1 for every 2.5 seats). The logic that restaurant users and arcade users may be one and the same is evident, but the opportunity for exclusivity remains. Therefore it would appear conservative to accept the lower number required for the game arcade (20 spaces) without further reduction due to joint use of the same facility by patrons. This would result in a parking requirement of 50 spaces for the proposed project. The proposed project identifies 15 on site parkin9 space. The applicant has indicated they have an agreement with the property owner at the northeast corner of Third and G Street to allow use of the 18 J:\COMMDEV\Esles\TClIgame cenlar\la bella game center1.doc Page 2 of 5 04/02/02 7- J.:J- Mixed Use Office/Single-Family Residence 217 Landis Avenue (Johnston) space parking lot located there "after hours". While this additional space appears to be available at such time as may indicate the maximum usage of the proposed facility and does meet the physical requirements of the ordinance, there is no certainty as to which hours will require the most parking, so staff is unable to assign specific value to this arrangement. As such the project has been conditioned to provide 35 in lieu spaces. FINDINGS: A. That the proposed use at the particular location is necessary or desirable to provide a service or facility, which contributes to the general well being of the neighborhood or the community. The restaurant and game center land use would provide desirable services to the general community and would be especially accessible to residents and workers in the Town Centre and surrounding area. The proposed use provides family entertainment that if properly supervised will be a benefit to the area and wili conform with the Downtown Vision statement supporting entertainment uses. The proposed use would be consistent with adopted policies in the General Plan and the Redevelopment Plan for the area. B. 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 use would not be detrimental to persons, but would make available desirable services to the general public as a family establishment with recreation opportunities for local residents. The services would be especially accessible to residents and workers in the vicinity of the Town Centre. The project is categorically exempt from the California Environmental Quality Act and would not result in any significant environmental impacts. The establishment and operation of the use would be subject to the requirements of responsible agencies with jurisdiction. C. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. The proposed use as presented and conditioned by this Special Use Permit complies with the regulations of the Municipal Code, and addresses shortage of parking by paying into the In Lieu Parking Fee program in the Town Centre Redevelopment Project Area. The Town Centre Project Area Committee does hereby find that the conditions herein imposed on the grant of this permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed project. D. That the granting of this special land use permit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any government agency. The project is consistent with the policies of the General Plan. The project is located within the boundaries of the Central Chula Vista Area Plan (Chapter 10 of the General Plan). The proposed use would be consistent with adopted policies in the General Plan and the Redevelopment Plan for the area. The proposed use is consistent with the goal of the Town Centre Redevelopment Plan, the Downtown Vision Statement, and Town Centre Project Area Committee Land Use Policy, which call for the revitalization of the Town Centre and downtown as a commercial district. Granting a special land use permit for the proposed use will reaffirm the effectiveness of the land use provisions of those documents. CONDITIONS: 1. The subject property shall be developed as described in the application and plans, except as modified herein. J:\COMMDEV\Eslas\TC1Igama center\la bella game center1.doc Page 3 015 04/02/02 7-..2..3 Mixed Use Office/Single-Family Residence 217 Landis Avenue (Johnston) - 2. The conditionally permitted uses of the subject property shall be limited to a game center and restaurant as described in the application and plans, except as modified herein. 3. The floor plans and the floor areas devoted to each of the conditionally permitted uses of the subject property shall not be modified. 4. The conditionally permitted uses of the subject property shall not exceed the maximum occupancy load pursuant to the Uniform Building Code. 5. The hours of operation of the use shall be limited to the hours of 9:00 a.m. to 1 :00 a.m. Sunday through Thursday and 9:00 a.m. to 2:00 a.m. Friday and Saturday, except as modified by any Police Department Security Plan (or as may be modified from time to time in a revised Security Plan) that shall be approved prior to issuance of a Certificate of Occupancy. 6. The applicant shall pay the required In-Lieu parking fees into the Town Centre Parking District for additional parking stalls pursuant to Section 19.62.040 of the Municipal Code prior to issuance of a building permit. Such fees shall be expended to improve the two parking lots immediately behind the subject property as determined by and in consultations with the Parking Places Commission. 7. The applicant shall obtain all necessary permits from the Chula Vista Planning and Building Department and Fire Department. The project shall comply with the requirements of the edition of th e Uniform Building Code and the Uniform Fire Code in effect at the time of issuance of any permit. 8. This permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof. in accordance with Section 19.14.260 of the Chula Vista Municipal Code. 9. This permit shall be subject to any and all new, modified. or deleted conditions imposed after approval of this permit to protect the public from a specific condition dangerous to its health or safety or both due to the project, which condition(s) the City shall impose after advance written notice to the permittee and after the City has given the permittee the right to be heard with regard thereto. However. the City in exercising this reserved right/condition, may not impose a substantial expense or deprive permittee of a substantial revenue source which the permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 10. 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 walls, berms, and/or landscaping to the satisfaction of the Community Development Director. 11. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from view and the sound buffered from adjacent properties to the satisfaction of the Community Development Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Community Development Director. Details shall be included in building plans. 12. 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 Community Development Department. Additionally. the project shall conform to Sections 9.20 of the Chula Vista Municipal Code regarding graffiti control. 13. Landscape and irrigation plans shall be reviewed and approved by the City Landscape Planner prior to issuance of a building permit. The landscape plan shall identify a fixed storage rack designed to secure the frame and wheel of not less than ten bicycles in an area approved by the City Landscape Planner. 14. Provide sufficient space for designated "recyclables" and ensure that provisions are made to meet the minimum 50% recycling requirement to the satisfaction of the Recycling Coordinator for the City of Chula Vista. 15. The Engineering Division will require the applicant to obtain a construction permit for any work in the City's right of way. 16. Driveway approaches must be constructed per Chula Vista Municipal Code requirements. J:\COMMDEV\Estes\TCIIgame centenla bella game cenler1.doc Page 4 of5 OS/21/02 7-~~ Mixed Use Office/Single-Family Residence 217 Landis Avenue (Johnston) 17. Applicant shall seek and obtain all permits necessary for the project, including but not limited to a grading permit if determined to be required by the City Engineer. 18. Plans and construction must comply with the most recently adopted Uniform Building Code. Uniform Plumbing Code, Uniform Electrical Code, and Uniform Mechanical Code. Plans shall also comply with Title 24 Energy and disabled access requirements. 19. School fees shall be paid to the appropriate school districts as part of the building permit process. 20. Prior to occupancy permit applicant shall schedule a security survey and training through the Police Department Crime Prevention Unit regarding emergency and police reporting procedures. A security plan shall be prepared and implemented to the satisfaction of the Police Chief. 21. Game play by minors is prohibited during normal school hours, except when accompanied by an adult 21 years of age or older. 22. Applicant shall seek and obtain approval of sign plan. All signage shall be subject to a sign permit issued by the Community Development Department. 23. The applicant shall and does hereby agree to indemnify, protect, defend, and hold harmless City, its Council members, officers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from a) City's approval and issuance of this special land 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 without limitation, any and all liabilities arising from the operation of the facility. Applicant shall acknowledge their agreement to this provision by executing a copy of this special land use permit where indicated below. The applicant's compliance with this provision is an express condition of this permit and this provision shall be binding on any and all of the applicant's successors and assigns. 24. The use of any amplifying system or device is prohibited on the exterior of the building, and the use of any such system or device inside the premises shall not be audible outside the premises. 25. Entertainment provided shall not be audible beyond the area under the control of the Iicensee(s) as defined on the ABC-257, dated May 24, 2000 and ABC-253 dated May 24, 2000. 26. The rear and front door shall be kept closed at all times during the operation of the premises except for the ingress and egress of patrons and to permit deliveries. Said door(s) are not to consist solely of a screen or ventilated security door. 27. At all times when the premises are open for business the sale of alcoholic beverages shall be made in conjunction with the sale of food. 28. Permittee shall regularly police the area under their control in an effort to prevent loitering of persons about the premises. 29. Permittee shall not require the purchase of a minimum number of drinks. 30. Permittee shall pay either 1) one percent (1%) of total construction costs into the 1% for the Arts Program or 2) provide an art work of equivalent value that is publicly accessible and approved by the Town Centre Project Area Committee prior to issuance of a Certificate of Occupancy. Signature of Authorized Representative Date ATTACHMENTS: 1. Application J:\COMMDEv\EstesITCI\game cenler\la bella game center1 ,doc Page 5 015 04/02/02 7 - :<..S" Mixed Use Office/Single-Family Residence 217 Landis Avenue (Johnston) 2. Plans J:\CQMMDEV\Estes\TCI\game center\la bella game center1.doc Page 6 015 04/02/02 7-.:t (" CITY OF CHULA VISTA TOWN CENTRE REDEVELOPMENT PROJECT AREA I PERMIT # Ie / ..02 -0 y-I SPECIAL LAND USE PERMIT APPLICATION This form shall be used for projects 10cated~iihi;ttiieToWn Centre Redevelopment Project Area. All Special Land Use Permil projects shall be considered by the Redevelopment Agency. In order for aSpecial Land Use Permit to be granted, the following findings shall be made: 1. The proposed use is necessarygrdeslrable to provide a service or facility that will contribute to the general well being of the commun'lty '-"'.!-J:~,;'~:";;i,\f;::,:',;,:'?" -".;i"_~,""'. .; ,.' ""'''''~;''''' .' ~. -, ...- ". . --.. -'-",.,-': 2.' The proposed use will not be d~ffiin'~ht~1 to'th~'health, safety, or oeneral welfare of persons residing or working in the vicinity, ~~injurious to pr2perty or impr~yjm~~ts ir th!lyicinity. ..' . .:t '" 3.,~The proposed use complies with'the regulations and conditions set forth in the City of Chula Visia'Municipal Code. 4. . The granting of a Special Use Pel1!lit will noladversely affect the Town Centre Redevelopment the General Pian of the :J:~C,ity .of ChulaYJ~,ta, ?f,the ad9R@$iP!~r.~r,arigoye[T1l11~nlal agency.. . NAME OF APPLICANT: PASO Last 2(, No. MAILING ADDRESS: VISTA Street C hvLA \/ I ST7'~ City State APPLICANT'S INTEREST: p( OWN o Lu,sE TYPE OF PROJECT: o REsiDENTIAL AsSESSOR'S PARCEL NUMBER(S): Ai'/ThoNV First ( WAf CPt 9'9/0 Zip WORK PHONE: (,1 zeo- 8 9 2.0 HOME PHONE: ~ <3 ~- 80zo o IN EsCROW o OPTION TO PURCHASE .9( COMMERCIAL o OTHER S 0'0" 35'0 - / '6- 00 PROJECT ADDRESS AND LOCATION: 289 Ne..XT To ?\/Or?..T J-.I. . G 5/ eAs.T Co v/'/ e. J---. 0 (- 3.,01 4- G s r LV 0- e.f'\1 0 ) rr ION t n d i Co 1 e...s A{!(Jr0U4L lLNTIL 0/+ Betlft' CkJbS ,,<)'0 S &7:rT CFt (J A C ;iY A rJ J (' e^l T To 10 ~ , ( r t-J.-rs Le <:. ,,-> f1V fr-I e. h"AAO e., e, 5 T(3 t? U fJ Y s--n; j? S TO DOO ~'-l f-r AI2.(J)t/7e. W Jrh 10 5.(!DTTS I. !O V/~ 4"~o 10 (L't4e"'vJTI~ ~~r ExISTING USE OF PROPERTY: PLI\NN INj DESCRIPTION OF THE PROPOSED PROJECT: peoL ,he. ALL PLANS, MAPS, PROCESS. NThoN NAME OF APPlICAN c 1.:~n;"1'{.~ /.)...11 T h J:.X)O S) r~ ~ or- ELEVATIONS, AND LmERS SUBMlnED ARE INTEGRAL TO THE APPLICATION !?...ASO (PRINT) a.;zz~ ~_. SIGNATURE 7- .:t "7 /2-J~o/ DATE ~a ~dta PIZZA GARDEN 373 Third Avenue Chula Vista, California 92010 619/426-8820 To tbe Cbula Vista City Council Most ofus remember back wben La BeUa's Pizza was just about tbe only place around Cbula Vista wbere young people could gatber to meet, enjoy friendsbip and dinner. Today, witb Seaport Village, Tbe Gaslamp, Mission VaUey, and tbe beacb areas, it is more competitive for our Cbula Vista bnsinesses. Families prefer staying togetber bere in Cbula Vista, and yet so many of our young adults travel tbrougbout San Diego looking for an entertainment venue that suits tbeir liking. On La Bella's 47'. anniversary, we would like to propose building a new 8,800 sq. ft. California tbemed, game center, witb an express type La BeUa Cafe inside. Tbere families can have parties for up to 75 people, or enjoy dinner, and step up to tbe game center and play. Tbe Game Center will bave sports games like billiards, darts, foosball, and air bockey, as well as video games. Tbis business concept is a younger generation, aITordable version of Dave & Busters. Tbe original La Bella banquet facility, will be updated to better accommodate meetings & weddings. We believe tbis expansion plan is tbe best for La Bella's, and ask your support on our proposed competitive business venture, at tbe La Bella Cafe, beer & wine can only be sold when food is being served, and at tbe La Bella Cafe, unlike Dave & Busters you will never find liquor. Our pIan is to keep tbe La Bella Cafe Kitcben open until tbe Game Center closes. San Diego County Cuifew: Sunday thru Thursday at 10 pm. Friday and Saturday at 11 pm Our agreement is, before curfew, anyone tbat is under tbe age of 18 years, must leave tbe grounds oftbe Game Center, unless tbey are accompanied by tbeir parent, or guardian La BeUa Pizza will build an up scale billiards facility tbat parents will find interesting to be at witb tbe entire family, including tbeir young adults. To assist our Game Center personnel witb names and ages, tbey will enter all tbe players into a real-time customer database, wben renting any oftbe tables on tbe La 8eUa Cafel Billiards. level. Tbrongbout tbe new Cafe and Game Center, 9 video camera's inside and in tbe unlJ.erground, Chula Vista's Oldest & Finest Serving the South Bay Since 1955 We Sincerely Tbank You, tbe owners and employees of La 7-;l...V .d:,*~' J*''t:~';~..,...,.,,,,,,.,,, parking lot will feed into digital recorders to assist our security people, as well as Here on tbe newly revitalized Tbird Avenue, tbere are signs of a nightlife Our priority is to belp to keep tbose kids safe, and supervised by employing tbe best of our 75 staff members from La BeUa's. Please address our growtb ATTACHMENT C PARKING AGREEMENT This Agreement is made this ~ day of March, 2002, between Anthony Raso. Sr. Trustee of the Anthony J. Raso and Catalda Raso Family Trust dated 8/22/91("Licensor") and Anthony Raso, Jr. ("Licensee"). WHEREAS: (a) Licensor is the owner of the property known as 413-415 Third Avenue, Chula Vista, California. Licensee is the tenant of the property known as 289 G Street, Chula Vista, California, where Licensee intends to operate a business; (b) Licensee wishes to use Licensor's parking lot at 413-415 Third Avenue for customer parking; and (c) Licensor does not object to such parking as long as Licensee does not acquire any property, tenancy, or easement rights, Licensee pays for the privilege, and Licensor may prevent such use if Licensor wishes. THEREFORE, the parties agree as follows: I. Licensor grants to Licensee a revocable license to use five of the ten spaces of the parking lot at 413-415 Third Avenue, Chula Vista, California as follows: Monday through Friday from 6:00 p.m. until 2:00 a.m. for customer parking of his business at 289 G Street. Saturday and Sunday from 9:00 a.m. until 2:00 a.m. 2. The term of the revocable license granted by this Agreement shall be month to month. Either party may terminate this agreement upon thirty days notice to the other party. 3. As consideration for this agreement, Licensee agrees to pay to Licensor One Hundred Dollars ($100.00) per month, due on the first day of each month, commencing upon opening of Licensee's business. Licensee's use of the parking lot does not constitute a tenancy. 4. Licensee hereby agrees to hold harmless, defend and indemnify Licensor, Licensor's agents, successors, heirs, and assigns against all liability, claims, demands, causes of action and losses of any kind whatsoever, including any attorney's fees and litigation expenses, arising out of or in any matter directly or indirectly connected with the use of Licensor's property by Licensee, Licensee's employees, agents, guests and invitees during the term of this agreement. This hold harmless Agreement shall survive the termination of this Agreement, whether due to expiration or earlier termination due to Seller's default or any other reason. 5. The revocable license granted to Licensee may not be transferred, conveyed, sublet or assigned in any way whatsoever. Any such transfer or assignment shall result in the immediate cancellation of this agreement. 6. In any litigation arising out of this agreement, the prevailing party shall be entitled to attorney's fees and costs. Executed on the date first above written. Licensor: ~. ,hA-6~ Anthony J. sO, Sr., Trustee Approved: Tenant, 415 Third Avenue - Braley's Cleaners Licens~~ ~ ~ Anthony Raso, Jr. / By: 'hi (~~ /0 ByJ~/~ Eddie Alsheikh Approved: Tenant, 413 Third Avenue- May tag Laundry 7-:z.'t PARKING AGREEMENT This Agreement is made this _ day of February, 2002, between Anthony Raso, Sr. Trustee of the Anthony J. Raso and Catalda Raso Family Trust dated 812219 I ("Licensor") and Anthony Raso, Jr. ("Licensee"). WHEREAS: (a) Licensor is the owner of the property known as 397 Third Avenue, Chula Vista, California. Licensee is the tenant of the property known as 289 G Street, Chula Vista, California, where Licensee intends to operate a business; (b) Licensee wishes to use Licensor's parking lot at 397 Third Avenue evenings for customer parking; and (c) Licensor does not object to such parking as long as Licensee does not acquire any property, tenancy, or easement rights, Licensee pays for the privilege, and Licensor may prevent such use if Licensor wishes. THEREFORE, the parties agree as follows: I. Licensor grants to Licensee a revocable license to use eighteen spaces of the parking lot at 397 Third Avenue, Chula Vista, California as follows: Monday through Friday from 6:00 p.m. until 2:00 a.m. for customer parking of his business at 289 G Street. Saturday and Sunday from 9:00 a.m. until 2:00 a.m. 2. The term of the revocable license granted by this Agreement shall be month to month. Either party may terminate this agreement upon thirty days notice to the other party. 3. As consideration for this agreement, Licensee agrees to pay to Licensor One Hundred Dollars ($100.00) per month, due on the first day of each month, commencing upon opening of Licensee's business. Licensee's use of the parking lot does not constitute a tenancy. 4. Licensee hereby agrees to hold harmless, defend and indemnify Licensor, Licensor's agents, successors, heirs, and assigns against all liability, claims, demands, causes of action and losses of any kind whatsoever, including any attorney's fees and litigation expenses, arising out of or in any matter directly or indirectly connected with the use of Licensor's property by Licensee, Licensee's employees, agents, guests and invitees during the term of this agreement. This hold harmless Agreement shall survive the termination of this Agreement, whether due to expiration or earlier termination due to Seller's default or any other reason. 5. The revocable license granted to Licensee may not be transferred, conveyed, sublet or assigned in any way whatsoever. Any such transfer or assignment shall result in the immediate cancellation of this agreement. 6. In any litigation arising out of this agreement, the prevailing party shall be entitled to attorney's fees and costs. Executed on the date first above written. Licensor: CvX-h~ Anthony J. Raso, Sr., Trustee Licens~~ 4 Anthony Raso, Jr. /" 7-3..0 Approved: 397 Third Avenue, Suite A B 4( (jOA Business Name R 124t d1j H/,IC/-/L/l1Vo ?/2tJPgzr)" /1'HrT /N'~ Business Name M$-1:~'1 /?l &Y:U?-J Authoriz~Signature 397 Third Avenue, Suite C ""'J.C, {] ~,\ \9' Business Name ~~~.~ Autho ed Signature 397 Third Av~n.e, Suite D , i,j I Vi II UI\0!A- ( LOil)0 Business Name /./ 7-31 7- 3d-. I . '__nuT_ ---- _ -- ------< I H'\ ,/ ~ iD p.I[j' '~ ii !L.-s'_~ 'r:d [] b 6) (]~ra _(J~ rll,~~." tl ''-.) ~~~-~~ ~. ~'. ~ ~: " '1:' 18 I a:J' oo"_,,u " . c::J 8 Origi9 2? 8 ~ fl, walk-in refrig, " C=C:'.c=J__... ... 3 rd. avenue ! lJ Original La Bella Pizza will remain The banquet rooms upstairs will be up dated to better accommodate meetings & weddings. New Next door, families with kids can have parties In a Fun place where you can enjoy La Bella"s menu ATTACHMENT F Security! Accounting , ~I '} ~'" 8 0 D L_ C':o o [J z" Do "e. . /" :;i / ... 0 "'",.f //j:i;..--<,:/ ~ /)"0 ~~,> _4~tpv ~ ,; 10(. , .y ~ ~; ,p ~ 0 .,M" ~l ~5n ~.f' @1 '@' ~ to () !i, x Main level EB f+1 Cafe w/pizm maker in front '" [j:B; -5' [[J . Ii rn 1//) .' Dinning tables for 95 9 Large Glass skylights ~ 8 Video entertainment T.V.s 9 Billiards and 2 air hockey 3 Interactive music machines 30 Video/skill Games r .1 []] 7 Sports games []] []] Lower Level Parking garage Handicap accessible !, Elevator to G st. '" I ,m 'f' ,n, 1 ~ : ~ l: reo - -..r - ,~,., 7-.3-<-/ Video Camera system Parki~ Locked ove~ht FEJ 11":-: :...., - - ! ~ I I .S' [IJ rn ~ LL----'!~lJ .;.; ~ ~ r>. ~ ,- ------ -, t ~ ,I ATTACHMENT G ,. \ , ~. :) ',(' .~ 1 [.. ~.{'.:~r. " r:~ ." ." " , '. ')" ,,,"'~ ,.. < :';;,', .' . . , :~. . :f \ ...~ .. ,', . " 7 -..3 :s.- -,. -" - - ._".. 7-3~ '" \ \ \ \ ~'i ~f ~ll. fl fj! ~ " ATTACHMENT H \ "CI :;; 8';;! ~ ~~S.l= ~ =- 0"" ~ i:f 8 ::I. a' ;: IJQ Q Q.IJQ r:IJ~ ;o"CI ~ ... ~ to ~ ~ ~.. ~ = = = O~ats.s ;;!1:I.'~51 ~~ faa'51 t':l n = =::::::;: tD =- = 1:1 .... ;'Q ~ ~Q = "C ...... ~ Q" .... fD ~ 1:1 tD <:r'" """ ~ = C ;:0; ttI == Q. a. '" ~ ::; -<..: S'::;.-~ ~~ ,,=-~ tD .... Q = ;; ~: ~Al51 =-.. ., .. ~ tD ~ ~ - c.. ;;!~~;o., =- .'1:1 Q _"CI "CI " 1:1 :::. Q 51 to ~ ~agS''g ~ ~ ... 51 <:r Q - Q ~ l::': "C ~ 1:1 .... f') ~. ;. ;. So'i =-tD~;..., =-.."tors: "I:IQ 1:1 tD I 0 = 51 l::': ... to IJQ to to ~ <:r 1:1 1:1 ~ ... \ \ \ \ \ \ \ ~a ~dta ATTACHMENT I To the Chula Vista City Council PIZZA GARDEN 373 Third Avenue Chula Vista. California 92010 619/426-8820 Most of us remember back when La Bella's Pizm was just about the only place around Chula Vista where young people could gather to meet, enjoy friendship and dinner. Today, with Seaport Village, The Gaslamp, Mission Valley, and the beach areas, it is more competitive for our Chula Vista businesses. Families prefer staying together here in Chula Vista, and yet so many of our young adults travel thronghout San Diego looking for an entertainment venue that snits their liking, On La Bella's 47'h anniversary, we would like to propose building a new 8,800 sq. ft. California themed, game center, with an express type La Bella Cafe inside. There families can have parties for up to 75 people, or enjoy dinner, and step up to the game center and play. The Game Center will have sports games like billiards, darts, foosball, and air hockey, as well as video games. This business concept is a younger generation, affordable version of Dave & Busters. The original La Bella banquet facility, will be updated to better accommodate meetings & weddings. We believe this expansion plan is the best for La Bella's, and ask your support on our proposed competitive business venture, at the La Bella Cafe, beer & wine can only be sold when food is being served, and at the La Bella Cafe, unlike Dave & Busters you will never find liquor. Our plan is to keep the La Bella Cafe Kitchen open until the Game Center closes. San Diego County Curfew: Sunday thru Thursday at 10 pm. Friday and Saturday at 11 pm Our agreement is, before curfew, anyone that is under the age of 18 years, must leave the grounds ofthe Game Center, unless they are accompanied by their parent, or guardian La Bella Pizm will build an up scale billiards facility that parents will find interesting to be at with the entire family, including their young adults. To assist our Game Center personnel with names and ages, they will enter aU the players into a real-time customer database, when renting any of the tables on the La Bella Cafe! Billiards level. Throughout the new Cafe and Game Center, 9 video camera's inside and in the underground parking lot will feed into digital recorders to assist our security people, as well as 11Iw ftforcement. :."': Here on the newly revitalized Third Avenue, there are signs ora nightlife beginDiig,t.e~~~! \' . \ ' Our priority is to help to keep those kids safe, and supervised by employing off,~ ~...' , . '~t&S;.. ~r ~.' ': ~ :,~:.;, the best of our 75 staff members from La Bella's. Please address our growth plan WIth your concerDll., , Chula Vista's Oldest & Finest Serving the South Bay Since 1955 We Sincerely Thank You, the owners and employees of La Bella PizZa 7 -,,3 7 On the Web: chulavistaevents.com 310 Third Avenue CI2 chula Vista, cA 91910 (619) 422-1982 FAX (619) 422.1452 E.Mail: cvdbs(a1oacbell,net 2002 Officers & Directors President Linda Rosas Vice President Keith Hooper Secretary/Treasuter David Mcclutg Immediate Past President Dave Rossi Dr Richard Freeman Anthony Janus Stella Sutton Becky Smiser Kathleen Williams Jack Miller Byron Estes Mike Mace Ann Padilla ATTACHMENT J f'--..- ..' C;c,> "-'~__ ! < "" ., iir---, t-/J,PR.3-'! / 20(}? .. - --- - ------- ._'~, ------- April I, 2002 --,-..... Mr, Dave Rowlands, City Manager City of Chula Vista 276 Fourth Ave chula Vista cA 91910 Dear Mr, Rowlands: After review of the proposed La Bella expansion, the Board of Directors of the Downtown Business Association has voted to accept the new development as proposed, Please call if you have any questions or comments, t\~erelY, ~c~el~ Executive Director cc: Byron Estes 7- 3~ On the Web: chulavistaevents.com 310 Third Avenue C 12 chula Vista, cA 91910 (619) 422-1982 FAX (619) 422-1452 E-Mail: cvdbsraloacbell.net 2002 Officers & Directors President Linda Rosas Vice President Keith Hooper Secretaryrrreasurer David McClurg Immediate Past President Dave Rossi Dr Richard Freeman Anthony Janus Stella Sutton Rose Beals Kathleen Williams Lisa Moctezuma Byron Estes Mike Mace Ann Padilla ATTACHMENT I COMM~~IJMW~?PMENT April 29, 2002 APR J 0 Inn? Roslyn p, chasan, Trustee chasan Family Trust 13633 Paseo De La Huerta Poway, CA 92064 I --..- ; i --.-, Dear Mrs, Chasan: Thank you for your letter of March 19, 2002 expressing your objections to the proposed LaBella expansion with new parking, The chula Vista Downtown Business Association Board of Directors has reconsidered the project and decided that if the project follows all conditions placed by the City of chula Vista staff and the Chula Vista Police Department (which we understand are many and very restrictive to the applicant), the Association will not oppose the project as presented, We recognize the difficult position an expansion of this kind causes neighboring property owners, However, the Board of Directors represents all businesses in the district and unless a proposal is in violation of a City ordinance, we cannot take a position of opposition, The staff and Board of Directors of the Downtown Business Association appreciate your continued interest and support of Downtown chula Vista, wtL~ -l lakely Executive Director cc: Mayor Shirley Horton ~ Council Members Rindone, Salas, Padilla and Davis "Byron Estes 7-39 v "','; 'I', .:-.:) ~. "i!':: 3\;,j,:~::';:,;: :::::';~E ':; '!-JR3 J, ");i:j,~ . :OV'O>il~!'.1r!- ':': ;'~i:' ',>.:: ::- -':'~i;j,-;t "j ).1' \il"'r:"::il~;'::; ~ ,'I : ~ \ "1'1 , ~ - ," :l J.sr ;:J~e$;de,,: 'I"~ :::.-(ecut:ve ,:'lfeC~C;' ~ i ::: H L ;:1 ". _) "r /J,. \1 I~ = ~ , ::l_ \,,;\.1= '~, '-' ATTACHMENT I November 30, 2001 Mr. Tony Raso La Bclla Pizza Garden 373 Third A venue Chula Vista, CA 91910 Mr. Raso: Thank you for presenting to the Chula Vista Chamber of Commerce's Executive Committee and Board of Directors concerning redevelopment plans for your property, The Chula Vista Chamber of Commerce fully supports your elTort lor changes, which include expansion, property upgrade, a game/arcade center and a secured parking structure, It is our sincere hope that you be granted the conditional use permit and proceed with your expansion, Thank you for your continued support to the business community ofChula Vista, I f I can bc of h.lrther assistancc, please feel fi'ee to contact me directly at 619-420-6603, Respectfully, " , ' ,~ . r : ;f<\ "-L "J<_ C C~\. -'-'c "--...... Lisa Cohen Executive Director LC/mev 7- 'i 0 FROM FRX NO, : J~l, 042000 01:11PM P2 P,01 ~~~:0?-19~ Q0'~~ ~ r v fl/./Jr.. I~/WJ lilCf- tJ;et - Nj'J-.- 'D <<-.''''''~VV'''''.I''''''-' .,..."10"'11'-....... ,"'.-- ATTACHMENT I ROSlYN p, CI-WiAI'I. T\l.VSTEJ; CHASAN I'AMlLYTIlUS'T 13633 PAS!O D! lA HUliA1'.... PO'IfIAY, CALIFORNIA 92064 TELE: 85811H201 FAX: 858 5H 4203 April 5, 2002 T.., Honorab]" Shirley HOrlOl:l. Mqo. of lbe City ofChula Vi.D....d do.. City ofCb..... V..", Council Member" Patty D...., S"""'. podiJl., Jerry RiIldOQc, Mary Sal.., Re: Obj.""on> '" La &11. awf_i. G""e ClnfU 8,600 aqllllO Eoo. apansion ...m ""'" parking Qf "PptOl<ima..dy 33 propa.ed lIn" parking .1'....., Dear MayOI' ",,<I COWll:i1 Mel1lb<n. O"r prop"'lY i. I_red " 357 rhKlllllh 369 ThitdAvm.ue, I, eorwi... ~f dgh' "o~fion... llohil\d our , pro~erty;'; a Ciry parking /iu;iUry ..foppto.lm....ty 43 '1'"=' La Bdla. property 01.0 ah"D ,he .ome parlcillg folCillcy. OD Pob",illV 13. 2002 or 8,00 A,M, I .rn:odcd I ptlhlleh"'<Uing ofrlu.Town Centre Proicer Are.Comm!_.. Community o..""lopmen. Departnwl., on the La IIdla ptojcot. .... <h. oj"". of thi. h.arin~ 1 kamcd for die nrn lime. 'h.. rhe leu, of the wu.. fu:i"8 1M..... and <>WIle.. ,'If P'tlpiriy ill clllO<! pl'OUmlty 10 La BeU., ..... dI. is,ue of parking, A SeriJ<'U'I fio", the Chula Violl Poll", o.p..-.m.rI', 'pob 011 me ptoblam lha, ...... In,,,ho.d io . .imilar bllnn... In Cbul. v"'" eaIIed, 'Silv<r Q," He ......l <b.. tho peop!. an:raered to this b"'in"" cau.ed ",...y caU.o '0 the poll", as the "",,,I, of disNtbinfl the. ""lac, disorderly eoodllet an" n...., The offie<! "ared that this bulina. a,"lmcl people fro.... we ;and Saum of Chula Vim and "'ey bmugh [with them ctiminal r~larx:d pt'<lblem., Many of lb. ......om.... ....'" not: lllCals, Jack BIake1y, 8 _bel nfThe Cb1l1l Vist:Il Dawalown BlISbIeas Ass'n. 'POD to l/Iese /11\11;$ 31 well. Mr. Blwly, ~alIld to die COlMlinetl. Illlbls heariDa,lbC!he projc:a whicll TOllY Raso of La Bella, prueDted to his AI.'a. and fur whlch he Tel:eived applIM!, WIlS IIIlIlhe pjqject tIIlIl_ pt\lSeD\Cd 10 rho Cbu!ll Vi5IIl !)QwnClll\lll BlWness AII'D. JlIC;k Blakely 1ben publicly mok<ld die ~ previously giv!lll La Bella by the DoWlltown Su8iDeJll Ass'II. for nlCODlidl:l3lion, Jock Blakely uo ~OIDDl.n",d 0[.... FobrLIOl)' 13. ~, that wbcn. Silver Q", ..... u. bll&in... he..... Ih. redpi"". of CODJllnt romplainQ fium """IOn and renallQ of .urroundillg P"'~ ..dating '" the negan"" impoct of u,e lYpe of clientele of the .oDling ,"dlil)', 011 lheit b""i>lea and prt>peny Valu.., ne~ ...., be BlUy "liD dlO not .ttend tbil ~1Ill of FtbnIlU'Y JJ, 2002 ud would not ntherwilOr kaow tblll the p.... at t\Ie ILuo palUen, fol'lDa'ly lIllP- by tile 1l.m..1.... u JIaoilletl ~1.tJoa "',.. lu1llieqoea1ly revoked. It Is Dn.....le tIIat other llnonl\'alll8ndo_eaa that are 1l8hI.. u__ ~::.:U~= ::= :J~ ftDture. OIl" bawl! Alaft been """bllm h. Mdt.. .... tJ'IM ...... ~ 111, j; exJM!Cbld. w. arc in favor of any ""'.'p",en, of Third Awnu. till([ bendi.. <he _unity, So much &0, rho, "'" VOlrd, li>l. and .1'0.... or a "..'iog rh", ""'ult<:d in rhoUland< <If "oU... in_ u. our own n:4l....'" lol<..,n ord.!r co be:rldilm. upgrodlng and mAin..nlll1CC of Thin! A_= To Tony 1t4011 ...d hi. partnCtl Ihi< lIlusr be: "nly sbQUc ...oncy, The money "' b.: lI"norall!d in mi< prDp-a venN", is llOtTiile. This i& no, abo~. cnhllldll8 or bc:ndlli"ll die mmmunity. Th;. is oJ,,,,,, placitlg /noney above me i.n~l'ISl:S or me L'CIftlmUnity. 7-4/ FROM : FAX NO, Jul. 042000 01:12PM P3 F~R-07-1908 00:22 P.B2 ATTACHMENT I -2- Thi. ""nN'" b_c1 upon "'. hI.""" <If. .;",iJ... .......... CQuld b",. . Me..... for ddift'lucnll, IY the poU", "'~. 'OIt<c1 on Fcbno.ry 13. 2002, deU",!u",,,, ,;",... ooh.r..... will be ...........,d '" dW n.... ganU"lJ facilil;y .. they -.". 10 the n..... dolled "SlI_ Q", 0-..... CI" ~ WH' ....... ""~"1 ~; :~..:'~ ~ r~.:::. ~~~.. d::~il;:"1. -:,,~.;::n.:r ""': ~:r ;;~~h:l::: r:"~"n..~~au J1"" ."'- 'JIIl""""I~ If -- -_:...: _:... __ y ~~ __ "-_ _,_ _ e ~~,J1"'~ ME, ~o pOrtraY' his v<n'u", .. 0 pl_,~' ~i1i", PI cum. ">goth.... This it nor IW """,nil b...in..., or ~y thing lib if, Tlu. III not · place for fornill.., ,.... .. Silver Q. _ no' 0 1'1= fi>r ("...ili.., Thi. wiU not be th. 'yPO ,'If 1'1_ whn" poren.. would.""" IlIlnr dI.ir dWd.m It> Mt. HI'''' effioct:i.. will Tony R!"",ncl hi. plVtr10n be in p.rroUln, .... undong. ""lro,," ef his pr<>posed. ""nto",/ The", are not OIIou;h qualified people PI cif"o<;rivdy <<,n""I, rh.. ...hid. Tn"y R.." promiso<! rho Pebru..,. 13' 'o.aom.imx:, bascd Ilpon rhe .chcdu/e oflW _plo~ and their rClp:aj... j"b., If yo.. '''''dY rho 1'1.... pmeneed fer rhit "'"tun> you will nole . newly, '" be CDDlIl'II=d. hllge .<.ol.....e, \coding e1iroo:tly ITom t.a Bdl. eo rhe plrlring I"" bohilld the prOperly, I ltJ''''"A'. TIrio " actting up .Iv:: .mely OY<'.mutdencd public parking 10," h<l.ind OUT pn>pon<y, .. .... parlciae 10. of do";",,, for doe La. Bell. new vcn~"'. wn._ Toru ~o ~ ..,J.r.J .....~ =::-:;::?" ~ ::;t,:~ ;;~~:~d~;:~ri~~:: ~I"r .ll~ ,ul"fJ1Indn'ft "lIE f~~H~. hI! nll._ _ h_ __ __ ~_____ ___~:_____k.i.,. Preomdy dll. .public I"I"klng lor", .""'n ...Irh,"" dtc ..pansion e'lYisioncd by T"ny bo and hi, 1'''''''''''. h.. becoll1e . pla"" for outdoor ~~ hour drinking, My ICftarlIl daim rlw they baw rE' rell1""" boor..". and dob,i. COftlCUltly, In addition, hllle boo, trudot ttcq"""dy <IlIDC ""'" <bls "...lring Iiociliry "''''11 up ..tLtablc p1ltlriag for lonlJ pcriodo <>f tilDe, wh<:n thcy ore ~cin8 ,he La Bollo............,,~ This ac:civiry will "" dr.madeally I"""'...d if <b. Ciry apptovts rhit a.... """tore. The parking lor wiU 1OI." b. IUplclly dereria..",d from <>VaU,e by th... he.vy trUck>. OW' telllUltllllft! Rh" open It ni;h. and 1Ottlo:nds, Where.... ,hei, CW/Qrat!l'S '''pp<>sed to park! WAy IlCI1 'r ,bey ontid.d '" ......iderati",,? They b..., been CDIIduct:ing 1""8 ...." ...pc=ble busin'''lI!ning the eommunhy, 0.., "'n01>IO are, Sreu.'. Deli, Or. Wachs ChiNpncric Clinic, twn Hoirdto....., a ph.Dto Sbop, and . Reall!o.a", OffiCI:. How arc these tcnanto expect.d It> Cope wirh ch.l'roble.... th.. dW ""ntun. will bDn11 How will 'he lack of parking ""d the PQl1!J1tial fer inlltl:UCd noise and <rime o/f.:ct <heir b...I........l How will they "" able to make . livinlJI Why"" Tarry R..o and hi. ponner', in-.stll giVOJl ",on: cOIIIidcrati"n? Wh., bcne/i.. wiU <bey be brinFnll to ,h. communicy? I mow rhar rhe City,""'" m mo!"",,: Thin! A~nue. ~.. ~al"" ""d enhan"",,,:ent d_ ,hi< prrljeec bring ro 'nUrd ^"Cluc? Th"" prupooed 8"llWIlI facility lliabnng ""lh Ir 0 f'!lU f",:"Il.J fur ll"llrod.tiClIl "fvilue and Jou of bllSUlCSl It> 'urroundlnlJ prOpertY ....d blllll1nS. It d_ bnng ""I'h " ,he.""II! Iim. co"'umIns wo.k {;,r .... polio: doporrmcn. .. ill f"Cdc:a:uor, Sa..,. Q, On.., 'ppr<lYI!d i, wiD be ""'" difficult to rectifY ,he imp,a."d hlltD1 tha. ouch a "/lOalu", will brinll w ,he CilY of Chula V..ra, drc hucl work of ,he Down"""" lI...!n... Ass'n,. die .urrouncli"lJ bo_"""'elS, "'non.. ""d proporty 0_". p~ dO not :appMVt-: rJ..i'll vr'!nt.u~ Thonk you forYOllr O<mld,," '" m~ """a:nu, Sin...",ly, s.. f~~/(,).cA~ ~~ 7-4;)"" PAGE 1, ITEM NO.: ~ MEETING DATE: 06/04/02 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: REPORT ON THE PROPOSED CONCEPT FOR THE AUTO PARK RIGHT OF WAY DESIGN AND PHASE II LANDSCAPED MEDIAN DESIGN ON MAIN STREET EAST OF 1-805 FROM NIRVANA ROAD TO HERITAGE ROAD IN THE OTAY VALLEY REDEVELOPMENT PROJECT AREA SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR u.8- fu t..5 REVIEWED BY: EXECUTIVE DIRECTOR (9 t ,,{v 7( 4/5THS VOTE: YES D NO 0 BACKGROUND Main Street east of 1-805 is among the primary entryways to the City of Chula Vista, Many residents and visitors from outside the community travel this streich of roadway to concerts at the Coors Amphitheater or day trips to Knott's Soak City, as well as to the chula Vista Auto Park and other businesses in the area, In 1999, landscaping improvements were installed in the median between Nirvana Road and Heritage Road, Phase II of this project, already funded through an existing cIP, will be presented along with a conceptual plan for an Auto Park Right of Way design to benefit the area, The purpose of this report and presentation is to provide the Redevelopment Agency and public an opportunity to review and provide staff direction on these designs, RECOMMENDATION It is recommended that the Redevelopment Agency accept the report on the Auto Park Right of Way design and the Phase II Landscape Median design from Nirvana Road to Heritage Road on Main Street East of 1-805, BOARDS/COMMISSIONS RECOMMENDATION Not Applicable, The Planning Commission will review the Auto Park Right of Way design as part of the Auto Park Specific Plan when it is brought forward, DISCUSSION Currently the Community Development Department is working with developers to generate projects on vacant properties on both the north and south sides of Main Street. The projects could ultimately result in the addition of as many as 9 additional auto dealers as well as other destination retail uses, Staff desires to set aside chula Vista's Auto Park and entertainment destinations as among the most unique, attractive and appealing anywhere in California, By g'-I PAGE 2, ITEM NO.: MEETING DATE: 06/04/02 creating a memorable and welcoming appearance on Main 51., both visitors and residents will think of Chula Vista as a community they want to visit again and will tell their friends about, helping sales in the area and interest in the community as a whole, There are two components to this project: 1) the completion of landscape and hardscape improvements to the median between Nirvana and Heritage roods (Median); and 2) on overall landscape, lighting and branding sign program intended to enhance the Chula Vista Auto Park and link it to the entertainment destinations in the area (Cars & Guitars), The Median project creates a linkage to the regional park and Otay River Valley by using decomposed granite, decorative grasses and lighting, The Cars & Guitars right of way design incorporates lush landscaping, lighting and a graphic design component that will be extended from the 1-805 interchange to Nirvana, with components extending, ultimately to the Coors Amphitheater and Knotts Water Pork entrance, If the design is approved, working drawings will be prepared and subsequently bid os 0 public works contract, Schedule is attached, Because different property owners and developers are proposing projects of similar uses, staff has 0 desire to unify and improve the right of ways and signage under 0 single design concept that will brand the project area for marketing and aesthetic purposes, In order to meld the uses of the auto pork, amphitheater and water park into 0 brand benefiting all interested stakeholders, staff proposes the presented design which has been dubbed for internal identification os "Cars & Guitars", The design melds the water park, music and automotive themes in 0 visual image that is unique and con be used in cooperative advertising between auto dealers and/or attractions, The designs have been presented to 011 key stakeholders in the area, who support the project in concept, Auto Park Update The Auto Park Specific Plan, that will include the right-of-way design, has unfortunately been delayed due to issues associated with the property owner's existing stockpile permit, as well as the recent discovery of Least Bell's Vireo near the project site, Stoff is working closely with the property owner (Fred Borst) and the wildlife agencies to resolve these issues as quickly as possible, The representative for the LandBank property is exploring the feasibility and market interest of locating auto dealers on their site directly opposite of the existing auto park, Stoff has been working very closely with the property owner to resolve issues and concerns os they arise in on effort to clear the way for an auto dealers development, Recently, stoff learned the very exciting news that Toyota has established Chula Vista os the next location for a dealership in this region, It is expected that Toyota will make a dealer selection by September, and in the interim, stoff will be working with Toyota and various interested dealers to assist in this process, FISCAL IMPACT Completion of Phose II of the existing median project from Nirvana Rood to Heritage Road will be $175,000 and is funded through an existing Capitol Improvement Project for the project, It S"-d-. PAGE 3, ITEM NO.: MEETING DATE: 06/04/02 includes the installation of 12 standard street lights with banner brackets and banners, Color disintegrated granite (DG), decorative river rock, grosses and shrubs will be incorporated with the existing palm tree plantings, Final design and implementation of the right of way improvements and signage package for the Auto Park Right of Way design from 1-805 to Nirvana Road is estimated at $3,675,000, Neither a detailed financing plan, nor value engineering have been completed at this time, However, anticipated funding for the proiect would be through public/private partnerships and/or an Assessment District, Maintenance for the overall project from 1-805 to Heritage Road will be via assessments to benefiting property owners, ATTACHMENTS Attachment A - Schedule - Median Phase 2 J:\COMMDEV\STAFF,REP\06-04-02\CARS AND GUITARS,doc 7-3 ATTACHMENT A SCHEDULE - MEDIAN PHASE 2 5 ' 22 , 2002 Env No, 01.017 MEETING: Presentation to H.C.B. + Soak City representatives Duration Dates 2 weeks 3 , 15 , 2002 I day 3,15,2002 3 weeks 4 , 5 ' 2002 I day 4,5,2002 2 weeks 4,19,2002 Task SITE SURVEY: and Site Plan preparation: MEETING: wI City Staff for project input and processing information DESIGN: Design + preparation of Site Plan, Features, selection of materiais and'development of site details for presentation, DESIGN: Additional design time, for revisions + other consultants to address specific project areas - Graphic Design * Where project is currently in the process. REVISE + RE-PRESENT IF REQUIRED I week 6,4,2002 CONSTRUCTION DOCUMENTS: Preparation of Package for initial submittal to City of Chula Vista for review 6 weeks 7,16,2002 REVIEW: Response time for City Staff to review + comment 4 weeks 8 , 13 ' 2002 REVISIONS: Revise + resubmit plans based on City Review Comments 2 weeks 8 , 27 , 2002 BID PACKAGE: Project completion, Maintenance Period and close-out 3 weeks 9,17,2002 4 weeks 10,15,2002 I week iO ' 22,2002 2 weeks 11,6,2002 2 weeks II ' 20 , 2002 8 weeks I ' 8 , 2003 14 weeks 4 ' 16 , 2003 Finalize Project Plans + Specifications. Estimated Construction Cost and Bid Package City preparation of Bid Package - Advertise for Bidding RECEIVE BIDS: Evaiuate - Selection of iowest responsible Bidder AWARD: Contract and approval by Council Project initiation by Contractor Project construction Estimated Project Time Frame 49 weeks ENVIRONS '??-'1 LANDSCAPE ARCHITECTURE PAGE 1, ITEM NO.: '1 MEETING DATE: 06/04/02 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: REPORT: ST. ROSE OF LIMA EDITORIAL SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR C" . REVIEWED BY: EXECUTIVE DIRECTOR 4/5THS VOTE: YES D NO ~ BACKGROUND On Sunday, May 19, 2002, parishianers of SI. Rose of Lima Church on Third Avenue received an editorial written by Church officials that was critical af the Agency Town Centre I redevelopment activities, The letter was also published on Thursday, May 30, 2002 in the Union-Tribune, This informational update discusses the editorial and the Agency's responses, RECOMMENDATION Agency accept the report, BOARDS/COMMISSIONS RECOMMENDATION Not applicable, DISCUSSION The St, Rose of Lima editorial criticizes the City for opposing SI. Rose's purchase of the "Windmill Farms" site at Third and Alvarado that is the subject of an on-going RFP process being conducted by the Sweetwater School District, A number of developers and the School District itself have proposed development scenarios for the property, City staff and the Downtown Business Association have favored development of an urban mixed-use project for the site to better link development on H Street with the existing downtown village on Third Avenue, The SI. Rose of Lima editorial is critical of the Agency on several different points, These include the following: 1) Criticism that staff was slow in responding to a request for information on the fair market value of the Sweetwater District parcel. · As soon as staff received the request, a call was made to Church officials, They were informed that the Agency would not know the fair market value of the land without conducting an appraisal. Staff did give Deacon Smith a value range based on knowledge of the area, C? -I PAGE 2, ITEM NO.: MEETING DATE: 06/04/02 2) Criticism that staff "implied very strongly" that St, Rose was not in the City's redevelopment plans for Third Avenue, . Stoff suggested to Deacon Smith that the Church continue the olreody open dialogue on a potential move of the church complex to a site on L Street near Third Avenue, This dialogue hod occurred between a prominent local developer and the former Monsignor from the Church, based on the Church's recognition that they needed space to grow, Staff was unaware that the Monsignor in question was no longer associated with this local parish, Staff never indicated that the existing St, Rose complex was not a welcome part of the downtown community, . Staff never indicated to Sf. Rose that they should not compete for the Sweetwater District parcel, only that Agency staff would prefer an urban mixed-use project on the site rather than a school or parking lot for the church, (Schools locating in downtown zones can create incompatibilities with other desired uses, It was made clear that the decision on the Sweetwater District RFP was the District's decision to make, not the Agency's, . Sweetwater District has notified Sf. Rose of Lima in writing that they will be considered in the RFP process, along with other applicants, for the site opportunity (Olson Co" Pieri, MMC, the District itself, etc,), 3) Criticism of the new Downtown Properly and Business Improvement District, . Churches in the District were given a lower assessment rate than other properly owners and another prominent Church in the District is one of the District's biggest supporters, Staff has passed along a Church official's concerns regarding the PBID to the Downtown Business Association and they promise to contact him to make sure the Church is receiving its fair share of District maintenance and other benefits, As follow-up to the editorial, City staff held a meeting with the Church leadership on May 28,2002, The meeting was cordial and Church officials discussed their needs for expansion of their sanctuary and school facility, as well as their need for additional parking, Staff discussed the possibility of creating shared parking opportunities at the Gateway Chula Vista project parking structure and potentially at new development that may occur at the Third and Alvarado site, Staff also offered to assist in the redesign of their existing parcel to explore more efficient, possibly multi-story development options, Staff indicated that the Agency would consider parking credit for shared use or reciprocal parking agreements in order to maximize their opportunities, In addition to the meeting with Church officials, staff has responded to a number of letters from parishioners, FISCAL IMPACT Not applicable ATTACHMENTS St, Rose of Lima Editorial DBA Letter J ,\COMMDEV\ST AFF, REP\06-04-02\St, Ro,e,doc tf-J-. Redevelopment? Yes, , , but at what price? 5i9!21l~!!!!IO.com ~,:(~. ~7'~ '" .'. , fi' ':' ,. SAVE with The Cox Combo Cox Digilal Cable, Cox HIgh Speed Internet Cox DigItal Telephone, with Cox Long Distance ,. c Page 1 01'3 Homo New. Today'. Paper i Sports: Clossilieds i Shopping : Services EnI$rltlinment i Visitor In A.d.Y~J::tislng Info AJ2Q!JtUs Newsletters Site Index e.[blpC;;Y_~Qli_cy Thursday News Local News )) Opinion >) Business Sports Currents 8r. Arts Night 8l Day The Last Week Sunday Monday Tuesday Wednesday Thursday Friday Saturday . Redevelopment? Yes price? . . . but at what By Michael J, Sinor and Gregory S, Smyth May 30, 2002 Saint Rose of Lima Catholic Parish has been a part of Chula Vistafor a long time, It was originally founded in 1913, The first church building was an old wooden structure on the corner of Third Avenue and Alvarado Street, This was replaced by a bigger facility on the corner of Third Avenue and H Street in 1950, This church quickly outgrew its capacity to serve the number of families moving into the area, so the current church building was erected on H Street in 1965, In the last 50 years, Chula Vista has grown from a relatively small community of 16,000 plus to over 173,000 people, Because of cultural and ethnic backgrounds, a significant number of the present population is Catholic, Over the years, Saint Rose has been a positive influence in the lives of a great many people, Several leaders within the community are graduates of Saint Rose of Lima Schoo/. At present, the parish serves over 5,800 registered households, This makes Saint Rose one of the largest Catholic parishes in San Diego County in terms of people, if not space, The school, church, rectory, parish social hall (the old 1950 church building) and parish offices are all squeezed onto 3,85 acres, So, it made sense that, when Sweetwater Union High School District considered selling the 2,65 acres it ownsjust north and adjacent to Saint Rose on Third Avenue, the parish would make an offer to buy the land, 9-3 http://www.uniontrib.com/news/uniontrib/thu/opinionlnews 3e30sinor,html ~ s;HOPS i 5/30/2002 Redevelopment? Yes, , , but at what price? The property for sale had been given to Sweetwater Union by the city ofChula Vista in a 199sland exchange for future use to build office facilities. However, the parish's offer was turned down, and no counteroffer or negotiations have beenforthcoming, Interestingly, when trying to access information as to the fair market value of the land (which is public information), Saint Rose had a hard time getting an immediate response, The Chula Vista staff implied in comments made to parish staff that Saint Rose of Lima was not in the city's redevelopment plans for the Third Avenue downtown corridor, It appears that the city would prefer that Saint Rose move from the downtown area so they could achieve their dream of a Chula Vista "Gas lamp District" on Third Avenue. The problem is this: there is no other placefor Saint Rose of Lima to move within the established parish boundaries, And city leaders are seemingly not even aware of the beneficial impact of the large number of people who come to Third Avenue downtown precisely because of what Saint Rose has to offer, There are parishioners who travelfrom Bonita, East Lake, Rancho Del Rey, Otay Ranch and other areas and who have no reason to visit downtown Chula Vista other than Saint Rose of Lima being located there, And not just on Sundays, Besides the hundreds offamilies who bring their children to the school andfor after-school religious education programs, the parking lot isfull many weeknights with attendees at various meetings, prayer groups and social activities, There are also small, often unnoticed ways that Saint Rose benefits redevelopment. One project that volunteers from Saint Rose of Lima assist with is the Working Together Program that helps welfare families transition back into the workforce, And there are other programs that work with state and local agencies that provide assistance to the community, And who would want to move Saint Rose and its ministers from proximity to Scripps Hospital? Even though it is a nonprofit religious entity, Saint Rose has been assessed a significant annualfee to support the so-called property- based business improvement district that the city has established to providefundsfor necessary routine upkeep to the ThirdAvenue http://www.uniontrib.COmlnews/uniontrib/thuloPinfo::n.fws_ 3e3 Osinor,html Page 2 of3 5/30/2002 Redevelopment? Yes, , , but at what price? Page 3 on provide funds for necessary routine upkeep to the Third Avenue corridor, afunction which is rightly a city responsibility, Meanwhile, the parcel that Saint Rose sought to buy has been lying fallow for almost 15 years with no taxes being paid on it. Saint Rose of Lima has been and will continue to be an important factor in the downtown redevelopment of Chula Vista because of the number of people it draws to the downtown part of the city, Just ask the restaurants in the area, A larger worship space and even a larger school would make the parish and downtown area even more viable, It's clearly the right course of action, However, the city ofChula Vista is sending the wrong message. We hope and pray that the city leaders will include Saint Rose of Lima in their visionfor future downtown redevelopment. Sinor is pastor of Saint Rose of Lima Parish in Chufa Vista, Smyth. a deacon, is assigned to the parish staff. Copyright 2002 Union-Tribune Publishing Co, Site Ind~?< I Contac:tSignOfll WTads.colJ1l About $igr)On IA.c1_yertise ol1.__SignOn 1.r1i3:ke SignOn your homepage AbQqtJhe Ul1.i9n~Tribun~ lc:ontac:Lttte _ UniolJ:lr.ibune @ Copyright 2002 Union- Tribune Publishing Co. 9-~ http://www.uniontrib.com/news/uniontrib/thutopiniontnews _3e30sinor,html 5/30/2002 On tbe Web: downtownchulavista.com 310 Third Avenue C12 Chula Vista, CA 91910 (619) 422-1982 FAX (619) 422-1452 E-Mail: cvdbslaioacbel1.net 2002 Officers & Directors President Linda Rosas Vice President Keith Hooper Secretary/Treasurer David McClurg Immediate Past President Dave Rossi Dr Richard Freeman Anthony Janus Stella Sutton Rose Beals Kathleen Williams Lisa Moctezuma Byron Estes Ann Padilla May 29, 2002 Co,Ii\ ,,-,..,.. .'.."T....:...:f..7M...;....._ (., o,..!" ... . '. ~...:-~...,:. ".'~~ ~" ~. , '.,~-~~\..~l}J;::J..:. .' ,-.' MAY 3 0 2o~~'~1 . if ;: Mayor Shirley Horton City of Chula Vista 276 Fourth Avenue Chula Vista, Ca, 91910 .) ------- _.--._..-......"........--.~,..i RE: St. Rose of Lima Catholic Church Opinion piece "Redevelopment? yes"" But at what Price?" Dear Mayor Horton: Enclosed is an opinion piece by Rev, Michael J, Sinor and Deacon Gregory S, Smyth regarding redevelopment in Downtown Chula Vista, The Board of Directors of the Chula Vista Downtown Business Association (CVDBA) represent approximately 350 property owners within the PBID and would like to comment on the contents of the letter. As you are aware the CVDBA and City Council has a vision for downtown, We agree with Mr, Byron Estes that to support a parking lot or school in the district does not meet our vision for downtown, We would also like to point out that property owners within the core area of Third Avenue from "E" Street to "G" Street have been paying for additional maintenance services for years, while St. Rose believes it is a City responsibility to sweep sidewalks and pick up trash, If sidewalks and streets were not kept clean by the CVDBA and if Downtown was in fact such a poor representation, St Rose of Lima and many others would have pulled up stakes and left long ago, Rev, Sinor and Deacon Smyth stated that Sweetwater Union High School District has been exempt from property taxes for 15 years, We doubt the validity of such a statement. Furthermore, to expect Mr, Estes to determine the fair market value for the property is an unreasonable expectation, Experts in commercial real estate should be making that determination, The Property Based Improvement District assessment paid by St. Rose of Lima is less than many of the other property owners, It was decided at the onset of the PBID Agreement that they would be excused from the economic development portion of the fees assessed, Yet suddenly the church is showing interest in downtown economic development. 9-c:'