HomeMy WebLinkAboutRDA Packet 2002/11/26
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TUESDAY, NOVEMBER 26, 2002
6:00 P.M,
(immediately following the City Council meeting)
CllY OF
CHUlA VISfA
COUNCIL CHAMBERS
PUBLIC SERVICES BUILDING
JOINT MEETING OF THE
REDEVELOPMENT AGENCY/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/Council by one motion without discussion unless an Agency/Council member, a member of the
public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items,
please fill out a "Request to Speak Form" available in the lobby and submit it to. the Secretary of the
Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed after Action items. I~ems pulled by the public will be the first items of business.
1. AGENCY/COUNCIL RESOLUTION EXERCISING THE CITY'S OPTION TO
EXTEND THE CONTRACT WITH ADVOCATION, INC. FOR LEGISLATIVE
REPRESENTATION FOR THE 2003-2004 LEGISLATIVE SESSION, AND
AUTHORIZING THE MAYOR/CHAIR TO EXECUTE AN AGREEMENT ON
BEHALF OF THE CITY OF CHULA VISTA - On 12/31/02, the current
agreement with Advocation, Inc, expires, This agreement was for the
provision of legislative representation in Sacramento throughout the 2001-
2002 legislative session. Based on the firm's success in promoting Chula
Vista's legislative agenda, staff recommends exercising the City's option to
extend this contract. [City Attorney, Intergovernmental Affairs Coordinator,
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 foliow up
action.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Agency, staff, or members of the general public. The items will be considered individually by the Agency
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.
2. AGENCY RESOLUTION APPROVING THE PRELIMINARY PLAN FOR THE
REDEVELOPMENT PROJECTS AMENDMENT AND MERGER AND
AUTHORIZING SUBMITTAL OF THE PRELIMINARY PLAN - The proposed
Redevelopment Plan Amendment would 1) merge the Redevelopment Plans
for the Bayfront, Town Centre I, Town Centre II, Otay Valley, and
Southwest Redevelopment Projects to create a "Merged Project Area"; 2)
add 528 acres of non-contiguous commercially and industrially zoned
property in western Chula Vista; and 3) aggregate tax increment revenues
among the constituent redevelopment project areas, establish uniform
redevelopment plan policies, and potentially designate distinct planning areas
tailored to serve the needs of the various components of the "Merged
Project Area", State redevelopment law would preserve each constituent
redevelopment project's accounting, tax sharing formulas, and limitations,
[Community Development Director]
STAFF RECOMMENDATION: Agency adopt the resolution,
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. CONSIDERATION OF ADOPTION OF PROCEDURES FOR THE FORMATION
OF A PROJECT AREA COMMITTEE FOR THE REDEVELOPMENT PROJECTS
AMENDMENT AND MERGER - The proposed expansion and merger of the
Redevelopment Project Areas located in the western part of the City includes
properties with commercial and industrial zoning designations that are not
currently in any of the five redevelopment areas, Although the expansion
area is zoned commercial or industrial, it contains some properties that have
residential uses occupied by low and moderate income persons, Therefore,
a Project Area Committee must be formed and procedures for the formation
and election of this committee are required pursuant to State redevelopment
law, [Community Development Director]
COUNCIL RESOLUTION ADOPTING THE PROCEDURES FOR THE FORMATION
OF A PROJECT AREA COMMITTEE FOR THE REDEVELOPMENT PROJECTS
AMENDMENT AND MERGER
STAFF RECOMMENDATION: Council adopt the resolution,
Redevelopment Agency, November 26, 2002
Page 2
4, CONSIDERATION OF PRECISE PLAN PCM-03-04 FOR THE DEVELOPMENT
OF AN INDUSTRIAL PROJECT THAT INCLUDES APPROXIMATELY 153,000
SQUARE FEET OF OFFICE, MANUFACTURING AND WAREHOUSING SPACE
AT 3441 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT
PROJECT AREA - The McMahon Development Group is proposing to acquire
the 10,45 acre site at 3441 Main Street to construct an industrial complex
consisting of three office, manufacturing, and warehousing buildings of
approximately 153,000 sq, ft, of space, [Community Development Director]
AGENCY RESOLUTION (A) ADOPTING NEGATIVE DECLARATION IS-03-003;
(8) GRANTING A PRECISE PLAN IPCM-03-04); AND IC) APPROVING AN
OWNER PARTICIPATION AGREEMENT WITH MCMAHON DEVELOPMENT
FOR THE DEVELOPMENT OF AN INDUSTRIAL PROJECT THAT INCLUDES
APPROXIMATELY 153,000 SQUARE FEET OF OFFICE, MANUFACTURING,
AND WAREHOUSE SPACE AT 3441 MAIN STREET WITHIN THE
SOUTHWEST REDEVELOPMENT PROJECT AREA
STAFF RECOMMENDATION: Agency adopt the resolution,
5. DIRECTOR'S REPORT(S)
6. CHAIR/MAYOR REPORTlS)
7. AGENCY /COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to a closed session and thence to an adjourned meeting
of the Redevelopment Agency on December 10, 2002, at 6:00 p,m" immediately
following the City Council meeting in the City Council Chambers,
CLOSED SESSION
Unless Agency Counsel, the Executive Director, or the Redevelopment Agency/City Council states otherwise at
this time, the Agency/Council will discuss and deliberate on the following item(s) of business which are
permitted by law to be the subject of a closed session discussion, and which the Agency/Council is advised
should be discussed in closed session to best protect the interests of the City. The Agency/Council is required
by law to return to open session, issue any reports of final action taken in closed session, and the votes taken.
However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at
this point in order to save costs so that the Agency/Council's return from closed session, reports of final action
taken, and adjournment will not be videotaped. Nevertheless, announcements of actions taken in Closed
Session shall be made by Noon on Wednesday following the meeting at the City Clerk's office in accordance
with the Ralph Brown Act (Govt, Code ~ 54957,7)
8. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
L1TIGATION--Pursuant to Government Code Section 54956.9(c)
One Case
Redevelopment Agency, November 26, 2002
Page 3
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who
require special accommodates to access, attend, and/or participate in a City meeting, activity, or service
request such accommodation at least 48 hours in advance for meetings and five days for scheduled services
and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619)
691-5047 or Telecommunications Devices for the Deaf (TOO) at (619) 585-5647, California Relay Service is
also available for the hearing impaired.
Redevelopment Agency, November 26, 2002
Page 4
PAGE I, ITEM NO.: I
MEETING DATE: 11/26/02
JOINT REDEVELOPMENT AGENCY / CITY COUNCIL
AGENDA STATEMENT
REVIEWED BY:
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
EXERCISING THE CITY'S OPTION TO EXTEND THE CONTRACT WITH
ADVOCATION, INC. FOR LEGISLATIVE REPRESENTATION FOR THE
2003-2004 LEGISLATIVE SESSION, AND AUTHORIZING THE
MAYOR/CHAIR TO EXECUTE AN AGREEMENT ON BEHALF OF THE
CITY OF CHULA VISTA.
CITY AnORNEY 9#-
INTERGOVERNMENTAL AFFAIRS COORDINA1;..,OR l:IfIIc.....-
COMMUNITY DEVELOPMENT DIRECTOR LA;tI-~ C.S
EXECUTIVE DIRECTOR, REDEVELOPMENT AGEN ~v\V
4/5THS VOTE: YES D NO 0
ITEM TIllE:
SUBMITTED BY:
BACKGROUND
On December 31, 2002, the current agreement with Advocation Inc. expires, This agreement was
for the provision of legislative representation in Sacramento throughout the 2001-2002 legislative
session. Based on the firm's success in promoting Chula Vista's legislative agenda, staff
recommends exercising the City's option to extend this contract.
RECOMMENDATION
That the Council/Redevelopment Agency exercise the City's option to extend the contract for
legislative representation with the firm of Advocation, Inc (proposed agreement attached as
exhibit "A"), The effective period will be January 1, 2003 through December 31, 2004, with three
two-year renewal options (at the City's sole and unfettered discretion) remaining on the original
Agreement.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable,
DISCUSSION
Backaround
The City of Chula Vista, together with its Redevelopment Agency, has contracted for legislative
representation since 1986 in order to augment the City's existing relationship with key legislators
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MEETING DATE:
11 /26/02
and policy administrators, as well as to maintain a high level of effective advocacy with the
legislative and executive branches of State government-- particularly with regard to the City's
adopted legislative Program,
Procedure
In 2000, the Council approved a contract with Advocation, Inc, to provide lobbying services, At
the time of the award, Council also agreed to include the option of renewing this agreement for
four additional two-year periods, In determining whether or not to recommend that the Council
exercise the first of the extensions, city staff reviewed the following criteria:
. degree of success in achieving the goals of the Council's adopted legislative program
. experience of principal representatives in Sacramento politics and municipal issues;
. proven ability to influence and affect the opinions and actions of the legislative and
executive branches of State government, as well as the State's administrative staff;
. demonstrated expertise in those issues and topics covered by the City's legislative
program;
. sufficiency of staff to meet the workload and timing requirements of the City's legislative
Program;
. and demonstrated stability from a financial, organizational and personnel perspective.
Qualifications of the Firm
Advocation, Inc. has been among the largest and most successful lobbying firms in Sacramento
for more than 30 years, Their staff of lobbyists represents a combined total of more than 100
years of experience in lobbying the California legislature and Administration,
The firm currently represents such corporate clients as General Motors, VISA USA, Prudential
Insurance Company and Federal Express. The firm's association with these kinds of clients is a
significant benefit when meeting with members of the legislature or with the Governor's office.
In addition, the diversity of Advocation's client base, and the resulting expansive professional
network developed by the firm, has given Advocation an exceptionally high level of expertise in
issues with which Chula Vista is deeply involved, including: transportation funding, revenue
allocation at the state and local level, utility deregulation, labor relations, workers compensation
reform, and developing effective coalitions to improve the City's ability to advance its legislative
agenda,
Finally, the firm has a proven ability to identify and secure funds from a variety of state resources
to support municipal projects, During the past two years in which the firm has represented Chula
Vista, they succeeded in their efforts to protect a critical revenue stream for the City-- the property
tax generated by the South Bay Power Plant, This resource provides more than $300,000 each
year to the City's general fund, and will provide millions in annual revenue should a new power
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MEETING DATE:
11/26/02
plant be built to replace the current facility on the Chula Vista bayfront, They also played a key
role in moving a $298,000 grant for the Chula Vista Nature Center through the State Parks and
Recreation Department where it had been stalled for months,
Fiscal issues for the coming yea'r will include: a renewed attempt to engage the Governor and
Legislature in the effort to improve the State/local government fiscal relationship, keeping a
spotlight on the need for correcting a flawed electric utility deregulation process, developing new
coalitions to address growing concerns over labor-related issues and the impact of electronic
commerce on traditional "bricks and mortar" businesses, protecting franchise fees from potential
losses due to deregulation, and assisting the Chula Vista Nature Center in its efforts to increase
the strength of its endowment program and reduce its dependency on City funding.
Scope of Work
The recommended contract designates Advocation, Inc, as the City/Agency's official legislative
representative with the California State Legislature and various governmental agencies. Further,
the agreement will include requirements that the City/Agency be provided with comprehensive
legislative services including:
1, Review of all bills introduced in the California Legislature, informing the City/Agency of all
State legislation affecting the City/Agency's primary interests, and forwarding advance
copies of such bills to the City/Agency when not available electronically;
2, Attending all League of California Cities regular "city representative" meetings and
briefings;
3, Tracking legislation on which the City/Agency has taken a position, maintaining bill
records and notifying the City/Agency of pending or completed amendments to such bills;
4, Arranging meetings with legislative representatives for elected officials and City staff when
necessary, and being prepared to participate in these meetings as required;
5, Performing customary duties of legislative advocacy and governmental affairs
representation on behalf of the client to the best of their ability, experience and expertise;
6. Gathering data and providing information to the City/Agency on such matters as:
a, State agency and department regulations, guidelines, directives, and other
instruments of administrative policy that may impact City/Agency projects or
operations;
b. Funding opportunities for proposed City/Agency projects and maximizing use of
all available State resources for financing programs and mandates;
c, Hearings, reports and testimony of interest to the City/Agency;
7, Representing the City/Agency in meetings with state bodies, boards, commissions, and
legislative bodies;
8, Developing legislative initiatives to assist in the implementation of the City/Agency's
Legislative Program;
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MEETING DATE:
11 /26/02
9, Tracking and monitoring propositions and initiatives at the State level and keeping the
City/Agency apprised of proposals that impact City Services,
FISCAL IMPACT
Advocation has agreed to provide their services at a monthly rate of $6,000, exclusive of
expenses, The annual contract cost would not exceed $79,000 inclusive of expenses, A portion
of this fee (35%) is paid by the City's Redevelopment Agency. This is based on the projected
percentage of the lobbyist's time that is spent on redevelopment-related issues,
Although the fiscal impacts of many of a lobbyist's efforts can be difficult to estimate, (e,g, issues
of home rule, civil liability, land use control), past assistance from lobbying firms has provided
substantial, concrete savings and benefits.
In previous years this has included: $12 million in State funds for construction of a veterans home
in Chula Vista, $4 million for legislative enactment and preservation of supplemental
subventions, $750,000 for alternative fuel programs, and $400,000 for the Chula Vista Nature
Center seawater system, $490,000 for renovation of Loma Verde Park Pool and $284,000 for
improvements to Greg Rogers Park,
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RESOLUTION NO.
(COUNCIL RESOLUTION NO. 2002-_)
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AWARDING A CONTRACT TO ADVOCATION, INC. FOR
LEGISLATIVE REPRESENTATION FOR THE 2003-2004
LEGISLATIVE SESSION AND AUTHORIZING THE MAYOR/CHAIR
TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF
CHULA VISTA
WHEREAS, on December 31,2002, the current agreement with Advocation, Inc. for
the provision of legislative representation in Sacramento expires; and
WHEREAS, based on the firm's success in promoting Chula Vista's legislative agenda,
staff recommends exercising the City's option to extend this contract; and
WHEREAS, the effective period will be January 1, 2003 through December 31, 2004,
with three two-year renewal options (at the City's sole and unfettered discretion) remaining on the
original Agreement.
NOW, THEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency
of the City of Chula Vista does hereby award a contract for legisiative representation to the firm of
Advocation, Inc, for the period January 1, 2003 through December 31, 2004, at a cost not to exceed
$79,000 per year inclusive of expenses, a copy of which shall be kept on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor/Chair is hereby authorized to execute
said Agreement for and on behalf of the Redevelopment Agency and the City of Chula Vista.
Presented by
Chris Salomone
Director of Community Development
J/commdev/resos/Advocation
I-S
FIRST AMENDED AND RESTATED
AGREEMENT BETWEEN
CITY OF CHULA VISTA AND THE REDEVELOPMENT AGENCY
AND
ADVOCATION, INC.
For Legislative Representation
This agreement {"Agreement"), is entered into effective as of January I, 2003
("Effective Date") by and between the City ofChula Vista and the Redevelopment
Agency of the City ofChula Vista (collective "City") and Advocation, Inc., a California
corporation ("Consultant"), and is made with reference to the following facts:
RECITALS
Whereas, the City of Chula Vista has contracted for legislative representation
since 1986; and,
Whereas, on November 14, 2000 the city entered into an Agreement with
Advocation, Inc, for Legislative Representation from the period of January 1,2001
through December 31, 2002; and,
Whereas, the City provided for four two-year renewal options of this Agreement;
and
Whereas, the City staff have reviewed and evaluated the work of Advocation, Inc.
during the past two years and finds the work to have met the needs and expectations of
the City; and,
Whereas, this first amended and restated agreement exercises first ofthe two-year
renewal options; and,
Whereas, Consultant warrants and represents that they are experienced and staffed
in a manner such that they can prepare and deliver the services required of Consultant to
City within the time frames herein provided all in accordance with the terms and
conditions of this Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
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B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope
of Work and Schedule", not inconsistent with the General Duties, according to, and
within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred to
as the "Defined Services" Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
{"Additional Services"}, and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph II (C), unless a
separate fixed fee is otherwise agreed upon, All compensation for Additional Services
shall be paid monthly as billed,
E, Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations,
F, Insurance
Consultant represents that it and its agents, staff and subconsultants employed by
it in connection with the Services required to be rendered, are protected against the risk of
loss by the following insurance coverages, in the following categories, and to the limits
specified, policies of which are issued by Insurance Companies that have a Best's Rating
of "A, Class V" or better, or shall meet with the approval of the City:
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Statutory Worker's Compensation insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9,
Commercial General Liability insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single
limit applied separately to each project away from premises owned or rented by
Consultant, which names City and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry ("Primary Coverage"), and
which treats the employees of the City and Applicant in the same manner as members of
the general public ("Cross-liability Coverage"),
Errors and Omissions insurance, or Professional Liability Insurance, in the
amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy,
Any Deductibles and Self-Insured Retentions must be approved separately as
noted in Exhibit A, paragraph 9,
G. Proof of Insurance Coverage.
(1) Certificates oflnsurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery of Certificates
of Insurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured,
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's CommerCial General
Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the Risk Manager,
H. Security for Performance,
Not Applicable
1. Business License
Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code,
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2, Duties of the City
A, Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing
the progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement, The City shall permit
access to its office facilities, files and records by Consultant throughout the term of the
agreement, In addition thereto, City agrees to provide the information, data, items and
materials set forth on Exhibit A, Paragraph 10, and with the further understanding that
delay in the provision of these materials beyond 30 days after authorization to proceed,
shall constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B, Compensation
Upon receipt of a properly prepared billing from Consultant submitted to
the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more
frequently than monthly, on the day ofthe period indicated in Exhibit A, Paragraph 18,
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph II, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit
A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A,
Paragraph 12,
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
4, Term,
A. Initial Term
This Agreement shall terminate when the Parties have complied with all
executory provisions hereof,
5, Liquidated Damages
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The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14,
It is acknowledged by both parties that time is of the essence in the completion of
this Agreement- It is difficult to estimate the amount of damages resulting from delay in
performance, The parties have used their judgment to arrive at a reasonable amount to
compensate for delay,
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar day
in excess of the time specified for the completion of the respective work assignment or
Deliverable, the consultant shall pay to the City, or have withheld from monies due, the
sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate" ).
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time, Extensions of time, when granted,
will be based upon the effect of delays to the work and will not be granted for delays to
minor portions of work unless it can be shown that such delays did or will delay the
progress of the work.
6, Financial Interests of Consultant
A. . Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined
by the City Attorney,
B, Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall
not make, or participate in making or in any way attempt to use Consultant's position to
influence a governmental decision in which Consultant knows or has reason to know
Consultant has a financial interest other than the compensation promised by this
Agreement.
Consultant shall have no interest in other projects or independent contracts which
would conflict in any manner or degree with the performance required by the City, In any
case in which there may be potential conflict, Consultant shall notify the City in advance
or as soon as reasonably possible,
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Consultant agrees that prior to entering into contracts for consulting services with
any parties, associations, or individuals other than the City, Consultant shall confer with
the City to discuss the potential of conflict of interest created by the addition of such
contracts.
Should the City or the Consultant determine that a conflict of interest exists
regarding legislative representation by the Consultant for any third party(s), the
Consultant agrees to continue to represent the City without interruption and shall decline
to represent any such third party. Consultant represents and warrants that its performance
under this Agreement and this Section does not conflict with any existing or
contemplated agreement with any other party and acknowledges that City is relying on
this representation in entering into this Agreement. The City will not be responsible for
any cost borne by the Consultant as a result of this Section and Consultant agrees to
protect, indemnify, defend and hold City harmless against any costs of liabilities incurred
by City in connection herewith.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of the City.
C. Search to Determine Economic interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and inventory
of Consultant's economic interests, as the term is used in the regulations promulgated by
the Fair Political Practices Commission, and has determined that Consultant does not, to
the best of Consultant's knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City Attorney
of City if Consultant learns of an economic interest of Consultant's which may result in a
conflict of interest for the purpose of the Fair Political Practices Act, and regulations
promulgated thereunder.
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F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter ofthe Defined Services, or in any property
. within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to
Consultant or Consultant Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such promise that may be made
during the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected
and appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees) arising out ofthe conduct
of the Consultant, or any agent or employee, subcontractors, or others in connection with
the execution of the work covered by this Agreement, except only for those claims
arising from the sole negligence or sole willful misconduct of the City, its officers, or
employees. Consultant's indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the City, defend any such
suit or action brought against the City, its officers, agents, or employees. Consultants'
indemnification of City shall not be limited by any prior or subsequent declaration by the
Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
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specifying that the termination is effective immediately. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the property of the City,
and Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective date of
Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused City by Consultant's breach.
F or purposes of this Agreement, in the event of Consultant's breach hereof, in
addition to any and all other rights and remedies to which the City may be entitled, City
shall have the right to recover monetary damages which shall include fa) Liquidated
Damages in accordance with the terms of Section 5 this agreement and Section 14 of
Exhibit A for each day that the City, as a result of City's termination of this Agreement
for cause, City is not being provided the Defined Services hereunder, subject to City's
good farther efforts to contract with an alternate consultant and (b )such additional
monetary damages to which the City may be entitled.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other materials described
hereinabove shall, at the option of the City, become City's sole and exclusive property. If
the Agreement is terminated by City as provided in this paragraph, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City.
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12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the
sole and exclusive property of City. No such materials or properties produced in whole or
in part under this Agreement shall be subject to private use, copyrights or patent rights by
Consultant in the United States or in any other country without the express written
consent of City. City shall have unrestricted authority to publish, disclose (except as may
be limited by the provisions of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or
other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula
Vista Municipal Code, as same may from time to time be amended, the provisions of
which are incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City
for the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that
the prevailing party shall be entitled to recover all reasonable costs incurred in the
defense of the claim, including costs and attorney's fees.
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16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers
and cost in dollar amounts of all contracts and subcontracts relating to the preparation of
the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or
their principals is/are licensed with the State of California or some other state as a
licensed real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given
pursuant to this Agreement must be in writing. All notices, demands and requests to be
sent to any party shall be deemed to have been 9roperly given or served if personally
served or deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein as
the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the
other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
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F. Governing LawN enue
This Agreement shall be governed by and construed in accordance with
the laws of the State of California. Any action arising under or relating to this Agreement
shall be brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
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Signature Page to
Agreement between City of Chula Vista
and
the Redevelopment Agency of the City of Chula Vista
and
Advocation, Inc.
for Legislative Representation
IN WITNESS WHEREOF, City and Consultant have executed this Agreement as
of the Effective Date thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms:
CITY OF CHULA VISTA
By:
Shirley Horton, Mayor
ATTEST:
REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA
Susan Bigelow, City Clerk
By:
Shirley Horton, Chairman
APPROVED AS TO FORM:
By:
John Kaheny, City Attorney
ADVOCATION, INC.
By: C}A~ 'i:{. C~
Name: C-hd'(\-eS L. Cot~
Title: ~r"s\MV'--l
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Exhibit A
To
First Amended and Restated Agreement between
City of Chula Vista & Redevelopment Agency of City of Chula Vista
And
Advocation, Inc.
I. Effective Date of Agreement: January 1, 2003
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
(X) Redevelopment Agency of the City of Chula Vista, a political subdivision
of the State of California ("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant: Advocation, Inc.
5. Business Form of Consultant:
() Sole Proprietorship
() Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1121 L Street, Suite 610
Sacramento, California 95814
Voice Phone: (916) 447-8229
Fax Phone: (916) 447-3447
7. General Duties:
To provide legislative representation in Sacramento for the City in order to
augment the City's existing relationship with legislators and policy administrators, as
well as to maintain a high level of effective advocacy with the Legislative and Executive
branches of State government.
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8. Scope of Work and Schedule:
A. Detailed Scope of Work:
1. Perform those duties customarily performed by legislative advocates
and governmental affairs representatives on behalf of the City and, in
doing so, abide by the City's adopted Legislative Program and City
Council Policy #300-01 as currently in force or as they may be
amended.
2. As directed, represent the City in meetings or hearings with State
agencies, boards, commissions or other legislative bodies and the
League of California Cities, as well as testify on behalf of the City
soong same.
3. As directed and otherwise guided by the City's adopted Legislative
Program, research and provide information to the City on (a) State
laws or proposed legislation, (b) legislative hearings, reports and
testimony, (c) State regulations and/or policies which could affect
City operations, (d) funding opportunities for proposed and existing
City projects, (e) technical memoranda or reports impacting City
operations.
4. Develop strategies to implement successfully the City's adopted
Legislative Program and, with City's approval, implement said
strategies. .
5. Provide sufficient support to lobby aggressively an average of at
least 3-4 major priority issues at any given time, along with at least
6-7 lesser priorities. Support would include proactively identifying
potential legislative vehicles relating to those topics and advocating
the City's position with appropriate legislators or other officials to
bring about favorable consideration of these proposals.
6. Monitor and provide the City with copies of all bills (as introduced
or amended) or proposals pertaining to issues of concern or interest
to the City, particularly those affecting or relating to the City's
Legislative Program.
7. Track said legislation and provide the City with advance notice, to
the City's satisfaction, of hearings or critical actions relating to those
bills or issues in which the City has expressed an interest.
8. Prepare and deliver letters, as directed by the City, to appropriate
committees and members of the State Legislature, as well as to
executive departments and/or State officials.
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9. On those bills being tracked by the City, provide written, weekly
status reports and written end-of-year reports, including
amendments, committee assignments, hearing and voting
information and other relevant data.
10. Prepare briefing materials, provide briefings/meeting space and
arrange appointments for Councilmembers and City staff when those
individuals travel to Sacramento in furtherance of the City's
Legislative Program.
11. Provide information and/or resources, as available, pertaining to
State and regional agencies, (and, as reasonably available, pertaining
to Federal agencies and legislation) as they affect the City's
Legislative Program.
12. Draft appropriate bill language {text) and/or identify appropriate
legislative or administrative vehicles (e.g. spot bills, budget/trailer
bills, discretionary action at an agency level, etc.) to carry out the
City's legislative goals.
13. At least four times per year, provide a briefing at a regularly
scheduled City Councilor Redevelopment Agency meeting on the
status of efforts in Sacramento on Chula Vista's behalf and the
general state of State legislative and executive activities.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
C. Dates or Time Limits for Delivery of Deliverables:
Deliverables shall be as provided for in Detailed Scope of Work.
D. Date for completion of all Consultant services:
December 31, 2004 (unless extended per Council action).
E. City renewal options:
The term of this agreement shall be extended for a maximum of three
additional two-year terms. Each such two-year option shall be at the City's
sole and unfettered discretion, subject to approval by the City Council and
Agency Board.
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9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
(X) Deductibles and SelfInsured Retentions must be approved
separately by the City
10. Materials Required to be Supplied by City to Consultant:
Current Legislative Program (as adopted/amended each year by the City
Council)
Current Council Policy (#300-01 or as amended) on legislative matters
Names and phone numbers of appropriate City staff
City position on specified legislation
City correspondence or other materials to be delivered or advocated by
Consultant
11. Compensation:
A.
(X)
Single Fixed Fee Arrangement.
F or performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount:
12 equal monthly payments of:
$72,000, payable as follows:
$6,000
with materials or other expenses reimbursed as provided herein below.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant up to $583/month or $7,000
annually for the expenses set forth below:
(X) Copies
(X) Travel
(X) Printing
(X) Postage
(X) Delivery
(X) Long Distance Telephone Charges
(X) Other Actual Identifiable Direct Costs:
Bill Room copy service
Computerized bill tracking service
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13. Contract Administratorslkey personnel:
City: City Manager or designee, 276 Fourth Avenue,
Chula Vista, CA 91910 (619) 691-5031
Consultant: Charles L. Cole, President, Advocation, Inc.
1121 L Street, suite 610 Sacramento, CA
(916) 447-8229
Consultant acknowledges and agrees that City considers the above-referenced
individual to be the individual whose employment by Consultant is the primary
basis for City's contracting with Consultant hereunder. Accordingly, Consultant
represents that it is Consultant's current intent that such identified persons shall
remain employed with Consultant for the term of this Agreement and that such
parties shall be actively involved in the performance of the Defined Services
hereunder.
Consultant agrees that it will not transfer or remove such person from this proj ect
without the prior written permission or direction of City, which will not be
unreasonably withheld. Any such change without the prior written consent of the
City Council shall be deemed null and void and constitute a material breach of
this Agreement.
14. Liquidated Damages Rate:
() $500 per day.
eX) Other: In lieu of an amount per day, liquidated damages shall consist of
the lump sum of $6,000 or the current monthly rate, whichever is greater.
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict
ofInterest Code:
(X) Not Applicable. Not an FPPC Filer.
() FPPC Filer
() Category No. 1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources
of income subject to the regulatory, permit or licensing authority of
the department.
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() Category No.4. Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale of real property.
() Category No.5. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency)
to provide services, supplies, materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
() Category No.7. Business positions.
(X) List "Consultant Associates" interests in real property within 2 radial
miles of Project Property, if any:
16.
( )
Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
As City is relying on the personal services of the staff of Advocation, Inc.
subconsultants shall not be permitted without prior City approval, which approval
shall be at City's sole discretion.
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period oftime:
(X) Monthly
() Quarter! y
() Other:
B. Day of the Period for submission of Consultant's Billing:
() First of the Month
(X) 15th Day of each Month
() End of the Month
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C. City's Account Number(s): 05300-6401,31710-6501,60200-6501,
61110_6501,61120-6501,62100-6501,63100-6501
19. Security for Performance
() Performance Bond, $
() Letter of Credit, $
() Other Security:
Type:
Amount: $
() Retention. If this space is checked, then notwithstanding other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the
following "Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has occurred:
( )
( )
Retention Percentage:
Retention Amount: $
%
Retention Release Event:
() Completion of All Consultant Services
() Other:
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PAGE 1, ITEM NO.: cJ...
MEETING DATE: 11/26/02
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING THE PRELIMINARY PLAN FOR THE
REDEVELOPMENT PROJECTS AMENDMENT AND MERGER AND
AUTHORIZING SUBMITTAL OF THE PRELIMINARY PLAN
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L\A--tn.~
/ .
REVIEWED BY: EXECUTIVE DIRECTOR Ur"vp'
4/5TH5 VOTE: YE5 D NO 0
BACKGROUND
In an effort to extend economic development tools throughout commercial areos in the western port
of Chula Visto, Redevelopment Agency staff is proposing a redevelopment plan amendment to the
existing Bayfront, Town Centre I, Town Centre II, Otay Valley, and Southwest Redevelopment Project
Areas ("Amendment"). The proposed Amendment would incorporate the following:
1) Merge the Redevelopment Pions for the Boyfront, Town Centre I, Town Centre II, Otoy Valley,
and Southwest Redevelopment Projects to create the Merged Chula Visto Redevelopment
Project and Project Area ("Merged Project Area");
2) Add opproximately 528 acres of noncontiguous commercially and industrially zoned
property in west Chula Vista into the Merged Project Area, as depicted and described on
Exhibit A (the "Added Area");
3) Establish an amended and restated Redevelopment Plan for the Merged Project Area to
aggregate tax increment revenues among the constituent redevelopment project areas,
establish uniform redevelopment plan policies, and potentially designate distinct planning
areas tailored to serve the needs of the various components of the Merged Project Areo. The
low would preserve each constituent redevelopment project's occounting, tax shoring
formulas, and limitotions.
The Preliminary Plan forms the framework within which the final Redevelopment Plan Amendment
will be developed. The Preliminary Plan describes the proposed Amendment, the boundaries of the
existing Project Area and proposed Added Area, and generally shows how the Amended
Redevelopment Plan would conform to the City's General Pion and achieves redevelopment
objectives of the Agency. This Plan is being presented to the Redevelopment Agency for
considerotion os a first step in the opproval process. Approval of this Preliminary Plan permits
Agency staff and consultants to proceed with the preparation of an Amended and Restated
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PAGE 2, ITEM NO.:
MEETING DATE:
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Redevelopment Plan for Planning Commission, Redevelopment Agency and City Council
consideration next spring.
RECOMMENDATION
Thot the Redevelopment Agency adopt the resolution opprovlng the Preliminary Plan for the
Redevelopment Projects Amendment and Merger.
BOARDS/COMMISSIONS RECOMMENDATION
The Plonning Commission will review the proposed Preliminary Pion at its meeting of November
20. 2002. A verbol report will be given tonight to the Agency on the Commission's decision.
DISCUSSION
Law Reauirements
Redevelopment Law prescribes a process to undertake this Amendment, which tokes opproximately
eight months. The Planning Commission participates at specific intervols of the Amendment
process. The first Planning Commission action is to formulate a Preliminary Plan and designate
boundaries of the proposed expansion areas. The Planning Commission is to approve and submit
the Preliminory Plan to the Agency. Approval of the Preliminary Plan permits the Agency to prepare
on Amended and Restated Redevelopment Plan for the proposed merged Project Area. The
resolution provides for the Agency's approval of the accompanying Preliminary Plan.
The Proposed Meraer
The Agency currently has five separate redevelopment plans that were adopted between 1974
and 1998. The policies within these plans differ os Redevelopment Law, as well as the Agency's
procedures and practices, hove changed over time. As a result, administration of the plans can
be difficult due to these inconsistencies. In addition, Redevelopment Low generally prohibits
redevelopment agencies to shift tax increment revenues between project areas, unless the areas
are merged by 0 plan amendment. Presently, the Agency has two merged project areas (the
Bayfront and Town Centre I Merged Project Area, and the Town Centre II, Otay Valley, and
Southwest Merged Project Areo). While tax increment revenues can be shared within the two
merged project areas, the Agency currently does not have the outhority to reallocate funds
between the merged project areas.
The financial merits of merging all of the project areas into a single merged areo are mony.
First, the Agency's reporting activities are reduced to a single project area, making administration
more efficient. Second, tox increment revenues can be ollocated anywhere in the project areos
as needs arise, thereby permitting greater flexibility in financing implementation octivities.
Finally, project implementation activities are streamlined, such as instances where a public
improvement project odjoins more thon one project area. Unless project areas are merged, the
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PAGE 3, ITEM NO.:
MEETING DATE:
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Agency may find it difficult to undertake some public improvements if one project orea lock the
resources to contribute its share of the costs.
To preserve the plonning districts within the constituent areas of the existing project areas, the
Amendment would also designate five separate planning areas within the Merged Project Area,
generally coinciding with the existing Project Area boundaries.
The Proposed Expansion
At the some time as merging all project areas for finoncial purposes, the Agency is proposing to
add 22 non-contiguous areas, comprising opproximotely 528 acres, to the existing project areas
(Exhibit A). Since not all of the Chula Vista older commercial areas are within one of the
redevelopment areas, limitations in the redevelopment plans could constrain the Agency's ability
to complete future redevelopment projects in the five existing redevelopment project areas. In
2001, Agency staff ond the consultant conducted an onalysis to identify areas of blighting
conditions that would quolify far redevelopment as well as areas that would be required for
effective and coordinated redevelopment build-out of the Project Areas. Based upon that
preliminary analysis, the proposed expansion areas were developed. These areas are generally
characterized by concentration of blighting conditions such os unsafe and unhealthy buildings,
incompatible use, factors that hinder the economicolly viable use, abnormally low leose rotes and
high vacancies, depreciating values and impoired investment, excess of adult businesses, and high
crime rates were identified along older retail and industrial commerciol areos on Broadway ond
Third Avenue (not already in a redevelopment project area). During the next phase, these
properties will be further analyzed and the final boundaries established for Council consideration.
The Added Area also includes property in the West Fairfield area currently in the jurisdiction of
the City of San Diego. The City is in the process of analyzing the merits of annexing this property
as part of a comprehensive onnexation analysis with the City of San Diego for several properties
in the Otay River Valley. Staff will work with San Diego representotives over the next several
months to delegate the redevelopment outhority of this area to the Chula Vista Redevelopment
Agency while this annexation is in process.
Purpose of Preliminary Plan
The primary purpose of a preliminary plan is to generally outline the redevelopment policies that
will ultimately be incorporated into the Amended and Restated Redevelopment Plan. More
specifically, the attached Preliminary Plan describes the following:
. The boundaries of the proposed merged project orea as amended with the Added Area;
. A general statement of land uses, layout of principol streets, population densities, ond
building intensities and standords proposed os a basis for redevelopment of the project area;
. A description of how the purpose of the Law would be attained through the redevelopment of
the project orea;
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PAGE 4, ITEM NO.:
MEETING DATE:
11/26/02
. A stotement that the proposed Amendment is consistent with the community's general plan;
and
. A general description of the impact of the proposed Amendment upon the Added Area's
residents and surrounding neighborhoods.
Adoption of the ottached Preliminory Pion permits Agency staff and redevelopment consultants to
move forward with the appropriate notices and document preparation octivities with respect to
the adoption. Over the next few months, Agency staff and redevelopment consultonts will discuss
and define targeted redevelopment efforts and will provide a draft Amended and Restated
Redevelopment Pion. This Amended and Restated Redevelopment Plan will be brought bock to
the Planning Commission for its recommendation in spring 2003, prior to the City Council's
consideration of adoption of the Amended and Restated Redevelopment Pion in June 2003.
FISCAL IMPACT
Approvol of the proposed Preliminary Plan do not have direct fiscal impacts. However, opproval
of the proposed amendment and merger in the next few months will have a positive impact on
the Agency's finances and its ability to undertake future redevelopment activities. Approval of the
Preliminary Pion being presented to the Agency at tonight's meeting represents another step in
the process leading to the consummation of the amendment and merger.
H:\HOME\COMMDEV\MASTERS\AGENCY AGENDA STATEMENT.doc
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RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA APPROVING THE PRELIMINARY PLAN FOR THE REDEVELOPMENT
PROJECTS AMENDMENT AND MERGER AND AUTHORIZING
TRANSMITTAL OF THE PRELIMINARY PLAN TO TAXING AGENCIES AND
OFFICIALS
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted
Ordinance No. 1541 on July 16, 1974, approving and establishing the Redevelopment Plan for the Bayfront
Redevelopment Project, and the City Council has since amended said Redevelopment Plan on July 17,
1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No. 2146, on January 4, 1994 by Ordinance
No. 2585, on November 8, 1994 by Ordinance No. 2608, on July 7, 1998 by Ordinance No. 2734
("Bayfront Redevelopment Plan"); and
WHEREAS, the City Council adopted Ordinance No. 1691 on July 6,1976, approving and
establishing the Redevelopment Plan for the Town Centre No. I Redevelopment Project, and the City
Council has since amended said Redevelopment Plan on July 17, 1979 by Ordinance No. 1872, on April
22, 1986 by Ordinance No. 2146, on January 4, 1994 by Ordinance No. 2585, on November 8, 1994 by
Ordinance No. 2609, on July 7, 1998 by Ordinance No. 2735 ('Town Centre I Redevelopment Plan"); and
WHEREAS, the City Council adopted Ordinance No. 1827 on August IS, 1978, approving
and establishing the Redevelopment Plan for the Town Centre No. II Redevelopment Project, and the City
Council has since amended said Redevelopment Plan on May 19, 1987 by Ordinance No. 2207, on July 19,
1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2610, on August 22, 2000 by
Ordinance No. 2817 ("Town Centre II Redevelopment Plan"); and
WHEREAS, the City Council adopted Ordinance No. 2059 on December 29, 1983,
approving and establishing the Redevelopment Plan for Otay Valley Road Redevelopment Project, and the
City Council has since amended said Redevelopment Plan on November 8, 1994 by Ordinance No. 2611,
August 22, 2000 by Ordinance No. 2818 ("Otay Valley Redevelopment Plan"); and
WHEREAS, the 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 ("Southwest
Redevelopment Plan"); and
WHEREAS, the City Council adopted Resolution No. 2002-267 designating an expanded
redevelopment survey area ("Survey Area") to determine if a formation of a redevelopment project area or
project areas, or an amendment area or amendment areas, were feasible; and
WHEREAS, staff, legal counsel, and consultants have reviewed the Survey Area and
preliminarily determined that approximately 400 acres of territory ("Added Area") could meet the
necessary requirements for a redevelopment project area as provided in the California Community
Redevelopment Law, Health and Safety Code Section 33000 et ~.; and
d--~
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") desires to
amend and merge the Bayfront Redevelopment Plan, Town Centre I Redevelopment Plan, Town Centre II
Redevelopment Plan, Otay Valley Redevelopment Plan, and Southwest Redevelopment Plan, and include
the Added Area in the proposed Merged Chula Vista Redevelopment Project Area ("Amendment"); and
WHEREAS, the Planning Commission of the City of Chula Vista, in cooperation with
the Agency, has formulated a Preliminary Plan for the Amendment; and
WHEREAS, the Planning Commission of City of Chula Vista adopted Resolution No.
on November 20, 2002, approving the Preliminary Plan for the Amendment and authorizing submittal of
the Preliminary Plan to the Agency.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of
Chula Vista as follows:
I. The Preliminary Plan prepared for the Amendment, as submittal herewith and
attached hereto as Exhibit "A", is hereby accepted and approved.
2. Staff is 'authorized and directed to make such transmittals as may be required
pursuant to Health and Safety Code, Section 33327, including a request to establish
the 2002-03 equalized assessment roll as the base year valuation roll for the Added
Areas to the Amendment.
3. Staff is authorized and directed to prepare a Redevelopment Plan for the
Amendment.
4. Staff is authorized to prepare and deliver all necessary notices and materials to
affected taxing entities and officials in the Project Area pursuant to Section 33327
and 33328.
Presented by Approved as to form by
Chris Salomone
Community Development Director
J:ICOMMDEVIRESOSIPreliminary Plan.doc [11/21/2002 11 :55 AM
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EXHIBIT A
Redevelopment Projects Amendment and Merger
Preliminary Plan
November 18, 2002
Redevelopment Agency of the City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Rosenow Spevacek Group, Inc.
217 North Main Street, Suite 300
Santa Ana, California 92701-4822
Phone: (714) 541-4585
Fax: (714) 836-1748
E-Mail: info@webrsg.com
.J.. - 7
Preliminary Plan
Redevelopment Projects Amendment and Merger
Table of Contents
I ntraduction ............................................................................... 1
Merged Project Area Location and Description ........................2
General Statement of Proposed Planning Elements................. 3
Land Uses....................................................................................................... 3
General Statement of Proposed Layout of Principal Streets.................... 4
General Statement of Proposed Population Densities.............................. 4
General Statement of Proposed Building Intensities................................. 5
General Statement of Proposed Building Standards................................. 5
Attainment of the Purposes of the Redevelopment Law.......... 5
Consistency with the General Plan of the City......................... 6
General Impact of the Proposed Project upon the Residents of
the Merged Project Area and Surrounding Neighborhoods ...... 6
Exhibit A - Merged Project Area Map and Legal Description... 7
J\COMMDEVlTAPIA\PRQJECTS\BIG AMENDMENTlPRELlMINARY PLAN - NOV 18 02.DOC
d.-f
Preliminary Plan
Redevelopment Projects Amendment and Merger
Introduction
This document is the Preliminary Plan ("Plan") for the proposed
amendment and merger of the Agency's five existing redevelopment
projects ("Amendment"). Its purpose is to provide a general description of
the contemplated redevelopment amendment, and to designate the
boundaries of proposed areas to be added to the existing redevelopment
project areas ("Added Area").
If this Plan is approved by the City of Chula Vista Planning Commission
("Planning Commission") and the Chula Vista Redevelopment Agency
("Agency"), the Agency would commence a process to amend the five
redevelopment plans as follows:
1) Merge the Redevelopment Plans for the Bayfront, Town Centre I,
Town Centre II, Otay Valley, and Southwest Redevelopment
Projects to create the Merged Chula Vista Redevelopment Project
and Project Area ("Merged Project Area");
2) Add approximately 522 acres of generally the noncontiguous
commercially and industrially areas in west Chula Vista into the
Merged Project Area, as depicted and described on Exhibit A (the
"Added Area") [The Merged Project Area as amended to add the
Added Area is hereinafter referred to as the Amended Merged
Project Area];
3) Reestablish the Agency's authority to use eminent domain on
nonresidential property in the Town Centre II and Otay Valley
Constituent project areas;
4) Establish an amended and restated Redevelopment Plan for the
Amended Merged Project Area to aggregate tax increment
revenues among the constituent redevelopment project areas and
establish uniform redevelopment plan policies. Under the California
Redevelopment Law, each of the five constituent redevelopment
project areas would preserve its own accounting, tax sharing
formulas, and limitations.
In accordance with Section 33324 of the California Community
Redevelopment Law ("Law"), this Plan must:
ROSENOW SPEVACEK GROUP, INC.
PAGE 1
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AMENDED PRELIMINARY PLAN
REDEVELOPMENT PROJECTS AMENDMENT AND MERGER
· Describe the boundaries of the Amended Merged Project Area;
. Contain a general statement of land uses and of the layout of
principal streets, population densities, building intensities and
standards proposed as the basis for the redevelopment of the
Amended Merged Project Area;
· Show how the purposes of the Law would be attained by
redevelopment of the Amended Merged Project Area;
· Show how the proposed redevelopment of the Amended Merged
Project Area is consistent with the community's general plan; and
· Describe, generally, the impact of the project upon residents of the
Amended Merged Project Area and surrounding neighborhoods.
Merged Project Area Location and Description
With the exception of the 32-acre West Fairfield property, the Amended
Merged Project Area is located in the City of Chula Vista, San Diego
County, California. The West Fairfield property, located generally west of
Bay Boulevard between Palomar Avenue and Main Street, is currently
within the jurisdiction of the City of San Diego. (The City of Chula Vista is
currently negotiating the terms for detachment and annexation of this
property with the City of San Diego.)
The Amended Merged Project Area includes many commercially and
industrially zoned areas in west Chula Vista, as well as an area east of
Interstate 805 along Main Street. The total area of the Amended Merged
Project Area is 3,589 acres, or 11 % of the total area of the City of Chula
Vista.
The Amended Merged Project Area consists of the Agency's five existing
redevelopment project areas, plus the Added Area, which consists of 522
acres of additional commercially and industrially area, generally located
along the Broadway and Third Avenue in west Chula Vista. Table 1
presents a summary of the Amended Merged Project Area.
ROSENOW SPEVACEK GROUP, INC.
PAGE 2
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AMENDED PRELIMINARY PLAN
REDEVELOPMENT PROJECTS AMENDMENT AND MERGER
PROJECT AREA BREAKDOWN
PROPOSED MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA
TABLE 1
Constituent Area
Year(s) Total Parcels
Established AcresQe
General Plan Land Use
Designations
Bayfront (1) (2)
Town Centre I (2)
Town Centre II (3) (4
Otay Valley (3)
Southwest (3) (5)
New Area (6)
TOrALS
1974; 1998
1976
1978; 1988
1983
1990; 1991
tbd
1,035
136
75
771
1,050
522
3,589
88 I, CV. IL. aSP, PRK, ROW, co
473 RH, CR, CO, RM, RLM, PRK, PO
42 CR.PO.CO.OSP.RM,PRK.RHM
112 IL, OSP. PO
1,219 RLM, IL, CMO. RM, CR, OSP, CT. ROW, PO, PRK, I, RH, PAC
1.244 CT, CR. RH. RLM, RM. CMO. RMH, IL, CV. co, PO, aSP, ROW
3,178
*The acreage is only an approximation.
Notes:
(1) Original 637-acre area established on July 16. 1974 by Ordinance No. 1541; 398 acres
added by amendment adopted by Ordinance No. 2734 on July 7, 1998.
(2) Bayfront and Town Centre J merged pursuant to special legislation (Article 15 of the
Redevelopment Law) and Ordinance No. 1872 on July 17, 1979.
(3) Town Centre II, Otay Valley and Southwest merged on August 22, 2000 by Ordinance
Nos. 2817, 2818, and 2819, respectively.
(4) Original 65-acre area (Chula Vista Shopping Center) established on August 15. 1978 by
Ordinance No. 1827; 10 acres of noncontiguous property added in July 1988.
(5) OriginaI1,040.acre area established on November 27, 1990 by Ordinance No. 2420;
10-acre amendment adopted on July 9, 1991 by Ordinance No.2467.
(6) Tentatively scheduled to be established with Amendment and Merger in 2003.
General Statement of Proposed Planning Elements
This Preliminary Plan envisions that the planning elements to be contained
in the Amended and Restated Redevelopment Plan for the Amended
Merged Project Area will be identical to the applicable provisions of the
General Plan and all other state and local codes and guidelines, as they
may be amended from time to time. Implementation of the Amended and
Restated Redevelopment Plan may result in changes to existing land
uses, in accordance with General Plan policies (and other applicable
codes and guidelines), as such policies exist or are hereafter amended.
Land Uses
Within the proposed Amended Merged Project Area, land uses shall be
those permitted by the General Plan, as they exist today or are hereafter
amended. Currently, the General Plan permits the following uses in the
Merged Project Area:
. Commercial - Thoroughfare (CT)
. Commercial - Retail (CR)
. Residential High (RH) [18-27+ du/ac]
ROSENOW SPEVACEK GROUP, INC.
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PAGE 3
AMENDED PRELIMINARY PLAN
REDEVELOPMENT PROJECTS AMENDMENT AND MERGER
. Residential low-Medium (RlM) [3-6 du/ac]
. Residential Medium (RM) [6-11 du/ac]
. Mercantile and Office Commercial (CMO)
. Residential Medium-High (RMH) [11/18 du/ac]
. Industrial- General (Il)
. Commercial - Visitor (CV)
. Commercial Office (CO)
. Public & Quasi Public (PQ)
. Open Space, Agriculture & Reserve (aSP)
. Right of Way (ROW)
General Statement of Proposed Layout of Principal Sbeel$
The map in Exhibit A presents the principal streets within the Amended
Merged Project Area. These include: Broadway, Third Avenue, Main
Street, Palomar Street, C Street and Interstate 5. If a redevelopment plan
is adopted for the Amended Merged Project Area, existing streets within
the Amended Merged Project Area may be widened or otherwise modified
and additional streets may only be created as necessary for proper
pedestrian and/or vehicular circulation in a manner consistent with the
General Plan.
The layout of principal streets and those that may be developed in the
future shall conform to the General Plan as currently adopted or hereafter
amended.
General Statement of Proposed Population Densities
If the Amended and Restated Redevelopment Plan for the Amended
Merged Project Area is adopted, permitted densities within the Amended
Merged Project Area will conform to the General Plan and zoning code, as
currently adopted or as hereafter amended, and other applicable codes
and ordinances. Implementation of the Amended and Restated
Redevelopment Plan may result in changes to existing land uses that may
result in changes to existing population densities in the Amended Merged
Project Area, in accordance with General Plan policies (and other
ROSENOW SPEVACEK GROUP, INC.
,;).., -I L..
PAGE 4
AMENDED PRELIMINARY PLAN
REDEVELOPMENT PROJECTS AMENDMENT AND MERGER
applicable codes and guidelines); as such policies exist or are hereafter
amended.
General Statement of Proposed Building Intensities
Building intensity shall be controlled by limits on the:
· Percentage of the building site covered by the building (land
coverage);
. Size and location of the buildable area on the building site; and
. Height of the building.
The limits on building intensity shall be established in accordance with the
provisions of the General Plan and zoning code, as they now exist or are
hereafter amended. Implementation of the Amended and Restated
Redevelopment Plan may result in changes to existing land uses that may
result in changes to existing building intensities in accordance with
General Plan policies (and other applicable codes and guidelines); as
such policies exist or are hereafter amended.
General Statement of Proposed Building Standards
Building standards shall conform to the building requirements of applicable
codes and ordinances. Implementation of the Amended and Restated
Redevelopment Plan may result in changes to existing land uses that may
result in changes to existing buildings in accordance with General Plan
policies (and other applicable codes and guidelines); as such policies exist
or are hereafter amended.
Attainment of the Purposes of the Redevelopment Law
The properties in the Merged Project Area were previously selected when
each of the five constituent redevelopment plans were adopted because
each of the five constituent redevelopment project areas were determined
to be a blighted area as then defined by the Law. The properties included
in the Added Area for the purposes of this Preliminary Plan will be more
extensively evaluated and documented during the process of preparing
the Amended and Restated Redevelopment Plan to evaluate the definitive
inclusion of such properties within the Added Area identified in the
proposed Amended and Restated Redevelopment Plan for the Amended
Merged Project Area. Redevelopment of the Amended Merged Project
Area would attain the purposes of the Law by alleviating blighting
conditions that the private sector, acting alone, has not remedied.
ROSENOW SPEVACEK GROUP, INC.
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PAGE 5
AMENDED PRELIMINARY PLAN
REDEVELOPMENT PROJECTS AMENDMENT AND MERGER
The purposes of the Law would be attained by the proposed Amended
Merged Project through the:
· Participation of owners and tenants in the revitalization of their
properties;
· Replanning, redesign and development of undeveloped or
underdeveloped areas which are stagnant or improperly utilized; and
· Encouragement of modern, integrated development with improved
pedestrian and vehicular circulation.
Consistency with the General Plan of the City
Because land uses, transportation, and other development standards
incorporate existing General Plan policies, this Plan is consistent with the
General Plan. This Plan does not propose to institute additional land use
policies not otherwise permitted by the General Plan.
General Impact of the Proposed Project upon the Residents of the
Merged Project Area and Surrounding Neighborhoods
Project impacts on residents within, and adjacent to, the proposed
Amended Merged Project Area will generally be improved economic and
physical conditions. Through the Amended and Restated Redevelopment
Plan, the Agency desires to facilitate the redevelopment of the Amended
Merged Project Area to better suit surrounding areas.
Project development and implementation will be subject to further review
and approval by the City Council, Planning Commission, Agency and
other non-City environmental and taxing agencies. Further, the Agency
will conduct a community outreach program during the plan amendment
process and implementation phases to gain the continued insight and
perspectives of affected property owners, business owners, residents, and
other interested parties.
ROSENOW SPEVACEK GROUP, INC.
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PAGE 6
Preliminary Plan
Redevelopment Projects Amendment and Merger
Exhibit A - Merged Project Area Map and Legal Description
ROSENOW SPEVACEK GROUP, INC.
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PAGE 7
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PROPOSED AMENDED AND MERGED
CHULA VISTA REDEVELOPMENT PROJECT AREA
PAGE I, ITEM NO.: .3
MEETING DATE: 11-26-02
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: PUBLIC HEARING TO CONSIDER ADOPTING THE PROCEDURES FOR
THE FORMATION OF A PROJECT AREA COMMITTEE FOR THE
REDEVELOPMENT PROJECTS AMENDMENT AND MERGER
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE PROCEDURES FOR THE FORMATION OF A PROJECT
AREA COMMITTEE FOR THE REDEVELOPMENT PROJECTS
AMENDMENT AND MERGER
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L-\J.~ (:.$
REVIEWED BY: CITY MANAGER 0f.v~
7!
4/STHS VOTE: YES D NO 0
BACKGROUND
As indicated in the related staff report on tonight's Agency agenda, Community Development staff
has been working with the consulting firm of Rosenow Spevacek Group on the proposed exponsion
and merger of the Redevelopment Project Areos located in the western part of the City. The
proposed expansion orea includes properties with commercial and industrial zoning designations
that are not currently in any of the five redevelopment areas. Although the expansion area is zoned
commercial or industrial, it contains some properties that have residential uses occupied by low and
moderate income persons. Therefore, 0 Project Area Committee must be formed and procedures
for the formation and election of this committee are required pursuant to State redevelopment law.
RECOMMENDATION
That the City Council hold the required public hearing ond toke public testimony, if any, on the PAC
Procedure; and
That the City Council approve the resolution adopting the procedures for the formotion ond election
of a Project Area Committee for the Redevelopment Projects Amendment ond Merger and calling for
the formation of a Project Area Committee.
BOARDS/COMMISSIONS RECOMMENDATION
No action is needed of the Plonning Commission on the PAC Formation Procedures. However, on
November 20, 2002, the Planning Commission reviewed the Preliminary Plan for the redevelopment
area expansion ond merger ond recommended its approval to the Redevelopment Agency. Tonight,
.3 - f
PAGE 2, ITEM NO.:
MEETING DATE:
11-26-02
the Agency Board is considering the Commission's recommendotion on the proposed Preliminory
Plan in a seporate action.
DISCUSSION
As a means to olleviote the existing blighting conditions ond to expand economic development tools
within older retail and industriol areos in Chulo Vista, the Redevelopment Agency is considering
adding commercial and industrial districts and merging them into one redevelopment project areo.
The proposed exponsion orea includes properties currently outside of the five redevelopment oreas
on Broadway, Third Avenue, E and H Streets; olso included are severo I properties located in the
lower Sweetwater River Valley, and opproximately 36 ocres of land owned by the Fenton Compony
located in the West Fairfield areo within the City of Son Diego boundory.
Because the Amendment moy include the authority to acquire low and moderate-income properties
by eminent domain within the Added Areo, the formotion of 0 project area committee ("PAC") is
required by California Redevelopment Law.
Law Requirements
Redevelopment Law requires formation of a PAC for redevelopment pion amendments if the
proposed amendment would do either of the following: 1) grant the Agency the right to acquire,
by eminent domain, property where people reside, if thot property is in a project area, where a
substantiol number of low ond moderate-income people reside, or 2) add territory in which a
substantial number of low and moderate-income persons reside and authorize the use of eminent
domain in the added territory on properties where people reside. Because there are a number of
low and moderote-income people in the Added Areo, 0 PAC must be formed.
It should be emphasized that the Agency has no plans to acquire any specific property by eminent
domain at this time. In oddition, the eminent domain authority proposed by the Amendment only
involves the Added Area; the existing Project Areas' lond assembly rights are not affected.
PAC Formation Procedures
Prior to forming 0 PAC, Section 33385 of the Law olso requires that the City Council adopt
procedures to guide its formation. The proposed Procedure for the Formotion of a Project Area
Committee ("PAC Procedure") is ottoched to the enclosed resolution for City Council consideration.
The Law requires that residentiol owner-occuponts, residential tenonts, business owners, and
representatives of existing community organizations/religious institutions within the Added Area be
represented.
Representation on the PAC is determined by the Low ond the number of persons in eoch cotegory
in the Added Areo. It is recommended thot the PAC be composed of 7 members in the following
categories:
..3-,;}...,
PAGE 3, ITEM NO.:
MEETING DATE:
11-26-02
Residential Owner-Occupant
Residential Tenant
Business Owner
Community Organization
Total
1
2
3
1
7
The primary role of the PAC is to provide input to the Agency on policy matters that deal with the
planning and provision of residential facilities and replacement housing for those that may be
displaced by implementation octivities. The PAC also provides input on other policy matters thot
affect residents within the Added Area. During the plan adoption process, the PAC will review the
Amendment and other documents and may choose to submit a report containing their
recommendations to the Agency prior to the joint public hearing on the proposed Amendment, or
may vote to recommend the approval of the Amendment.
The PAC Procedure calls for the selection of PAC representatives through an election process. Also,
pursuant to the Law, a notice will be published in the newspoper and a mailed notice will be sent to
all property owners, residents, businesses ond community orgonizations within the Project Area.
These notices will publicize the opportunity to serve on the PAC, and the meeting dates for the
formation of the PAC. The election process will involve an informational meeting to acquaint the
public with the PAC's responsibilities and election process, and to have the interested parties
complete on application form indicating their willingness to serve on the PAC. A separate election
meeting will then be held within two weeks thereafter. At a subsequent meeting, the City Council is
requested to affirm the elected PAC representatives. It is proposed that staff and consultants be
designated as the PAC's staff.
FISCAL IMPACT
Notification of the PAC information ond election meetings will be mailed to all residents, property
owners, business owners and existing community orgonizations in the Added Area. This Notice will
also be published in the newspaper. These noticing activities are anticipoted to cost approximately
$5,000.
J,\COMMDEV\STAFF.REP\ 11-26-02\CC PAC Formo!ion Procedures Report.doc
..3 -3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING PROCEDURES FOR THE FORMATION AND ELECTION OF A
PROJECT AREA COMMITTEE FOR THE REDEVELOPMENT PROJECTS
AMENDMENT AND MERGER AND CALLING FOR THE FORMATION OF A
PROJECT AREA COMMITTEE
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") has proposed
to amend and merge the Bayfront Constituent Plan, Town Centre I Constituent Plan, Town Centre II
Constituent Plan, Otay Valley Constituent Plan, and Southwest Constituent Plan, and add approximately 400
acres of territory in the proposed Merged Chula Vista Redevelopment Project Area ("Amendment"); and
WHEREAS, the City Council of the City of Chula Vista ("City Council") and Agency have
undertaken procedures for the adoption of the Amendment; and
WHEREAS, the Amendment proposes to include certain territory ("Added Area") that will
grant the authority to the Agency to acquire property by eminent domain; and
WHEREAS, under Section 33385 of the California Community Redevelopment Law
("Law"), a Project Area Committee ("PAC") is to be formed with respect to the Amendment because the
Added Area is believed by the Agency staff to contain a substantial number of low-income persons or
moderate-income persons; and
WHEREAS, Section 33385 of the Law also requires the City Council to adopt a procedure,
by resolution, for the formation of a PAC and to adopt procedures regarding the election of PAC members.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as
I. The document entitled "Procedure for the Formation and Election of the Project Area Committee
for the Adoption for the Redevelopment Projects Amendment and Merger," a copy of which is
attached hereto as Exhibit "A," is hereby adopted as the procedure to be followed for the
formation and election of the PAC for the proposed Amendment.
The City Council calls upon the property owners, residents, businesses and eXlstmg community
organizations within the proposed Added Area to form a Project Area Committee, as more fully described in
the PAC Procedure.
Presented by
Approved as to form by
,
Chris Salomone
Community Development Director
J:\COMMDEV\RESOS\CC PAC Formation Procedures Reso.doc
~ -<I-
EXHIBIT A
Redevelopment Projects Amendment and Merger
Procedure for Formation and
Election of a Project Area
Committee
Redevelopment Agency of the City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Rosenow Spevacek Group, Inc.
217 North Main Street, Suite 300
Santa Ana, California 92701
Phone: (714) 541-4585
Fax: (714) 836-1748
E-Mail: info@webrsg.com
J-S
I. [100] GENERAL
A. [101] Purpose
On November 20, 2002, the Planning Commission of the City of Chula
Vista adopted the Preliminary Plan for the proposed Amendment and Merger of the
City's five existing redevelopment project areas. In part, the Amendment and Merger
would expand the size of the Merged Project Area by approximately 522 acres of
commercial, industrial, and residential property in west Chula Vista. Within this Added
Area, the Redevelopment Agency of the City of Chula Vista ("Agency") is proposing to
include authority for the Agency to exercise the power of eminent domain, subject to all
notices, procedures, hearings, and actions required by the California Eminent Domain
Law, for future redevelopment projects involving land assembly. Because the Added
Area appears to contain a substantial number of housing occupied by low and
moderate-income households, a project area committee must be formed under Health
and Safety Code Section 33385.3 so that residents and others within the Added Area
may review the proposed Amendment and Merger prior to its consideration by the
Agency Board and City Council. No specific property within the Added Area is
proposed to be acquired by the Agency at this time. One purpose of the Amendment
and Merger is to allow the Agency to continue to have the same authority to acquire
property by eminent domain the Agency has had for the past 12 years.
This document establishes procedures for formation of a project area
committee ("PAC") for the Amendment and Merger. A map identifying the Added Area is
attached hereto as Exhibit A. The procedures presented herein shall be used to govern
formation and election of the PAC.
B. [102] Authority
Pursuant to Section 33385 of the California Community Redevelopment
Law, Health and Safety Code Section 3~.999EltHS;?:j"Redevelop~ent La\,\"} this , 0 1.- ~ ()
Procedure was approved and adopted on [1~~R~i\1ilHi~~.i by Resolution No. Lllll'~~~.... 'ju t...j 1 ~
l'i!~I~Ii~] of the City Council of the City of Chulr Vista after a duly noticed public
hearing. , '" (pI 0'1.-
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C. [103] Definitions
For the purposes herein:
1) "Added Area" means the territory proposed to be added to the existing
Bayfront, Town Centre I, Town Centre II, Otay Valley and Southwest
Redevelopment Project Area, as shown on Exhibit A.
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.3 - fe,
2) "Agency" means the Redevelopment Agency of the City of Chula Vista, a
public body, corporate and politic, which exercises powers as a
redevelopment agency under the Redevelopment Law.
3) "Business" means any lawful activity, whether or not carried on for profit,
which is conducted within the Added Area, as further defined herein, for (i)
the purchase, sale, lease, or rental of tangible or intangible personal
property (a "Retail Business"); (ii) the manufacture, processing or
marketing of products, commodities or any other personal property (a
"Manufacturing Business"); or (iii) the sale of services to the public (a
"Service Business"). Business also includes any property owner that is a
Person, as further defined herein, who owns the real property in the
Added Area, who does not use the real property for their primary
residence. Such real property includes residential nonowner occupied
property, industrial property, retail property, and other commercial
property .
4) "City" means the City of Chula Vista, California, a municipal corporation.
5) "City Council" means the City Council of the City, exercising powers as the
legislative body under the Redevelopment Law.
6) "Existing Community Organization" means any nonprofit association of
persons organized for religious, entrepreneurial, scientific, educational,
literary or other purposes, which conducts its regularly scheduled
meetings within the boundaries of the Added Area and uses an address
located within the Added Area for its office or headquarters.
7) "PAC Application" means the Statement of Interest and Qualifications
enclosed herein as Exhibit "B."
8) "PAC Election" means the meeting to elect PAC members as described in
Section 500 of this Procedure.
9) "Person" means, but is not limited to, an individual, household, family,
proprietorship, partnership, business trust, joint venture, syndicate,
corporation, or association.
10) "Procedure" means this Procedure for Formation and Election of a Project
Area Committee, adopted by the City Council on November 26, 2002.
11) "Project" means the proposed merged Chula Vista Redevelopment
Project.
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.,3-7
12) "Project Area" means the merged Chula Vista Redevelopment Project
Area as shown on Exhibit "A".
13) "Project Area Committee" or "PAC" means the committee formed and
selected in accordance with Section 33385, et seQ., of the
Redevelopment Law and the procedure set forth herein.
14) "Resident" means a Residential Owner-Occupant or Residential Tenant.
15) "Residential Owner-Occupant" means a person who owns a dwelling unit
in the Added Area and occupies such dwelling unit as the person's
permanent residence and usual place of abode.
16) "Residential Tenant" means a person who rents a dwelling unit in the
Added Area pursuant to a rental agreement and has occupied such
dwelling unit as a permanent residence and usual place of abode for not
less than twenty-nine (29) days prior to the submittal of a completed PAC
application as described in Section 501 herein.
II. [200] PUBLIC MEETINGS
A. [201] Meetings
to:
The Agency staff shall conduct at least one public informational meeting
· Explain the establishment and functions of the PAC, and the
opportunity to serve on the PAC.
· Distribute and make available to each attendee: (i) a copy of Article
6.5 of the Redevelopment Law (Sections 33385-33388); (ii) a copy of
Sections 33347.5 and 33366 of the Redevelopment Law; (iii) a copy of
this procedure; (iv) a copy of the Preliminary Plan; (v) applications for
PAC membership; and (vi) any other materials the Agency determines
would be useful.
Not less than fourteen (14) days following the informational meeting, a
separate public meeting shall be conducted to elect members of the PAC.
Both the informational and election meetings shall be held in the Added
Area. The date, time and place of the informational and election meetings will be
scheduled by the City Clerk, in accordance with the process more particularly set forth
in Section 500, et seQ., herein.
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B. [202] Presentation of PAC to City Council
The Agency shall present the results of the PAC Election to the City
Council at a regular meeting of the City Council following the PAC Election, which date
shall be announced at the PAC Election meeting. The City Council shall adopt a finding
that all the relevant portions of this Procedure regarding the election were followed and
shall determine the validity of any properly filed challenges to the PAC Election within
the time required by law and as set forth in Section 606 of this Procedure.
III. [300] NOTICE OF MEETINGS, HEARINGS, AND PLEBISCITES
The Agency shall publish notice of all meetings, hearings, or plebiscites
conducted by the Agency or the City Council, or on behalf of the City Councilor
Agency, relative to the formation and selection of the PAC, and the opportunity to serve
on the PAC in the same manner as specified in Subdivision (a) of Section 65090 of the
Government Code.
A. [301] Publication of Opportunity to Serve
The Agency shall publicize the opportunity to serve on the PAC by mailing
written notice of the opportunity to serve to all Residents, Businesses, and Existing
Community Organizations in the Added Area. This notice shall be mailed by first-class
mail at least thirty (30) days prior to the formation of the PAC; the notices may be
addressed to "Occupant."
B. [302] Publication of Notice
The Agency shall publish notice of each meeting, hearing, or plebiscite
relative to the formation and selection of the PAC at least one time in a newspaper of
general circulation in the City at least ten (10) days prior to the date for each meeting,
hearing, or plebiscite. The notice shall include: (1) the date, time, and place of each
meeting, hearing, or plebiscite, (2) the identity of the body conducting such meeting,
hearing, or plebiscite, (3) a general explanation of the matters to be considered, (4) a
general description of the Added Area, in text or by diagram, (5) a statement that a PAC
will be formed for the Added Area, (6) a general description of the duties of PAC
members, and (7) a general statement of the criteria for eligibility to vote for PAC
members and serve on the PAC.
C. [303] Notice by Mail
The Agency shall mail written notice to all Residents, Businesses, and
Existing Community Organizations in the Added Area of all meetings, hearings, or
plebiscites conducted by, or on behalf of, the Agency or the City Council relative to the
formation and selection of the PAC (following the approval of this Procedure). This
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.3 -9
mailed notice requirement shall only apply if mailing addresses of all Residents,
Businesses, Existing Community Organizations, or of all occupants, are obtainable by
the Agency at a reasonable cost. The notice shall be mailed by first-class mail, but may
be addressed to "occupant." In lieu of providing separate notice for each meeting,
hearing, or plebiscite, the Agency may provide a single notice pursuant to this Section
303 stating all dates, times, and locations of any meetings, hearings, and plebiscites
relative to the formation and selection of the PAC.
If the Agency has acted in good faith to comply with the notice
requirements of this Section 303, the failure of the Agency to provide the required
notice to Residents, Businesses, or Existing Community Organizations unknown to the
Agency or whose addresses could not be obtained at a reasonable cost, shall not, in
and of itself, invalidate the formation or actions of the PAC.
D. [304] Other Forms of Notice
In addition to the notice required by Sections 301, 302, and 303, the
Agency may, but is not obligated to, post notices, distribute flyers, purchase radio or
newspaper display advertisements or undertake such other actions as it deems
necessary or desirable to further inform Residents, Businesses, and Existing
Community Organizations of the formation of the PAC.
E. [305] Foreign Languages
Any of the notices or announcements required herein may be translated
into another language if the Agency determines in its discretion that such translation is
necessary to effectively publicize the opportunity to serve on the PAC and participate in
the formation and selection of the PAC.
IV. [400] COMPOSITION OF PAC MEMBERSHIP
A. [401] Categories
Subject to the remaining provisions of this Section 401, the PAC is to be
composed of a maximum of seven (7) members, which shall include the number of
representatives listed in each of the following categories:
Note: Because of the voluntary nature of participation in the PAC, as well
as other constraints, it is possible that the number of representatives in one or more of
the categories or the total membership may be below those levels set forth in the
preceding portion of this Section 401. Such circumstances will not affect conduct of
business by the PAC. Notwithstanding any other provision of this Procedure, a quorum
for all PAC meetings shall be determined by the total number of PAC representatives
elected to serve in accordance with this Procedure.
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Category
Number of Representatives
Residential Owner-Occupant
Residential Tenant
Business Owner
Existing Community Organization
1
3
2
1
TOTAL
7
B.
tative
[402] Existing Community Organization/Appointment of Represen-
The Existing Community Organization elected to serve on the PAC,
pursuant to Part V of this Procedure, shall appoint one of its members to serve on the
PAC. An alternate may also be appointed to serve on the PAC, in the event that the
original representative is unable to attend a PAC meeting. However, in no event shall
more than one member of the Existing Community Organization attend the PAC
meetings in his/her PAC membership capacity.
C. [403] Vacancies in Membership Categories -- Adjustment of
Composition of PAC; Succession
If, at the time of formation of the PAC, an insufficient number of
candidates are elected to represent each category of membership on the PAC, such
seats may remain vacant until qualified and eligible candidates are selected in the
manner provided by this Procedure. The existence of any vacancies shall not prevent
formation of the PAC or the conduct of business by the PAC.
If a vacancy should remain or occur after the formation of the PAC, the
PAC shall by a vote of its remaining members determine which person(s) shall fill the
categories or positions which are vacant, thereby, expanding membership to its
maximum membership as provided under Section 401. Such determination shall be
made pursuant to such process, as the PAC shall deem appropriate, and without the
mailing of notices required pursuant to Section 303 of this Procedure concerning the
original establishment of the PAC.
V. [500] ELECTION PROCEDURE
A. [501] PAC Applications
A candidate for PAC membership must submit a completed PAC
Application to the Agency office, which application must be received by the Agency two
days prior to the PAC Election. If no PAC Application is received for any membership
category by such date, nominations, including self-nomination, for that membership
-6- ,,3-11
category may be made the night of the PAC Election. Any such nominees are eligible
for election, provided they meet the eligibility requirement for PAC membership under
Section 600.
A copy of the PAC Application is attached hereto as Exhibit "B" and
incorporated herein by this reference. All submitted PAC Applications shall be available
to the general public for review beginning on the business day following submittal, and
shall be available at the election meeting described in Section 201 above and at the
Agency office prior to such meeting. The Agency office is located at 276 Fourth
Avenue, Chula Vista, California 91910.
VI. [600] ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP
Upon submittal of a PAC Application, candidates for PAC membership
must present evidence that they are eighteen (18) years of age or older. Candidates
are advised that the Fair Political Practices Agency requires elected PAC Members to
complete Statements of Economic Interest, which disclose certain personal financial
information concerning such PAC member. Candidates may only run for one category
of PAC membership and must present a valid California identification card, driver's
license, military identification, or similar identification and the following evidence as
eligibility for the applicable category:
tax bill.
1. Residential Owner-Occupant: Recorded grant deed or property
2. Residential Tenant: Executed rental agreement or rent receipt.
3. Business Owner: Business license issued by State of California or
City, or City Business Tax Certificate. Property owners may also provide proof of
ownership of real property, which is not used for primary residency in the Added Area.
4. Existina Community Oraanization: Each of the following: (i) proof
of existence of the organization as of the time of the PAC informational meeting, (ii)
proof of existence and operation within the Added Area, such as articles of
incorporation, bylaws or business license, and (iii) a resolution of the board of directors
of such organization authorizing a representative or alternate to act on its behalf.
A. [601] Voter Registration
Absentee voting is not permitted. Anyone desiring to vote at the PAC
Election must attend the PAC Election meeting and register prior to, or at, the PAC
Election by providing satisfactory evidence to the Agency staff that he or she is (1) at
least eighteen (18) years of age or older and (2) is a Residential Owner-Occupant or
Residential Tenant or Business Owner in the Added Area, or is the authorized
representative (as evidenced by a letter) of a Business or Existing Community
-7 - 3 -/d-.
Organization within the Added Area. Any of the following documents, where
appropriate to the category of the voter, may be provided as evidence of eligibility to
vote:
1. Residential Owner-Occupant: Recorded grant deed, property tax
bill or other official documentation.
2. Residential Tenant: Executed rental agreement, rent receipt, or
other official documentation.
3. Business Owner: Business license issued by State of California or
City, or City Business Tax Certificate. Property owners may also provide proof of
ownership of real property, which is not used for primary residency in the Added Area.
4. ExistinQ Community OrQanization: Each of the following: (i) proof
of existence of the organization as of the time of the PAC informational meeting, (ii)
proof of existence and operation within the Added Area, such as articles of
incorporation, bylaws or business license, and (iii) a resolution of the board of directors
of such organization authorizing a representative or alternate to act on its behalf.
B. [602] Candidate Speeches
All candidates for each PAC membership category (i) Residential Owner-
Occupant, (ii) Residential Tenant, (iii) Business, (iv) Existing Community Organization
shall be given an opportunity to make a speech at the PAC Election meeting. A time
limit of three (3) minutes is established for each speech. If a candidate is unable to
attend the election meeting, the candidate may designate a representative to make
their speech. Reasonable rules of order (in the event of dispute, Roberts Rules of
Order are to be used) will be applied, considering the number of candidates running in
the PAC Election.
C. [603] Voting Categories
Each voter may cast ballots for representatives of that voter's PAC
membership category and for the category of Existing Community Organization. Voters
who have qualified to vote as Residential Owner-Occupants shall be entitled to vote for
representatives of the Residential Owner-Occupant category. Voters who have
qualified to vote as Residential Tenants shall be entitled to vote for representatives of
the Residential Tenant category. Voters who have qualified to vote as representatives
of Businesses shall be entitled to vote for representatives of the Business Owner
category. Residential Owner-Occupant, Residential Tenants, and Businesses shall
also be entitled to vote for the Existing Community Organization category. Voters who
have qualified to vote as representatives of Existing Community Organizations are
entitled to vote for that category only.
-8- ".3 -/3
D. [604] Balloting
Ballots shall be provided to registered voters for each PAC membership
category, i.e., a Residential Owner-Occupant ballot, a Residential Tenant ballot, a
Businesses ballot, and an Existing Community Organizations ballot. Voting shall be
conducted by secret ballot. Agency staff shall serve as authorized election assistants
to collect and tally the ballots. The Agency shall ensure secrecy of the ballot by
requiring each ballot to be folded and passed to an authorized. election assistant. The
election assistants shall tally the ballots at the PAC Election meeting.
E. [605] Results/Runoffs
The Agency staff shall announce the results of the PAC Election at the
PAC Election meeting when the ballots are tallied. If a runoff is necessary, it shall be
announced and held immediately. At the PAC Election meeting, Agency staff shall
announce that the results and ballots shall be maintained by the Agency for
presentation to the City Council.
F. [606] ChallengesNalidity
Any challenge to the PAC Election or to the electoral procedures followed
in connection with the PAC Election shall be filed with the City Council within fifteen (15)
calendar days following the PAC Election. The City Council shall review disputed
elections by considering all challenges so filed and will determine the validity of those
challenges within thirty (30) days following the PAC Election.
VII. [700] SPECIAL PROVISIONS
A. [701] Compensation of PAC Members
The members of the PAC shall serve without compensation.
B. [702] Amendment of Procedure
The procedure established herein may be amended from time to time by
resolution of the City Council.
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.3 -I '-f
EXHIBIT "A"
PROJECT AREA AND ADDED AREA MAP
Merged Chula Vista Redevelopment Project Area
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PROPOSED AMENDED AND MERGED
CHULA VISTA REDEVELOPMENT PROJECT AREA
-I&'
EXHIBIT "B"
STATEMENT OF INTEREST AND QUALIFICATIONS
PROJECT AREA COMMITTEE APPLICATION
ADDED AREA OF THE MERGED CHULA VISTA
REDEVELOPMENT PROJECT AREA
This information will be made available to Voters before the Election
(Please Print and Check the Appropriate Boxes)
To the City Council of the City of Chula Vista:
I, would like to volunteer to run for election to
the Project Area Committee at the election meeting to be held on . I
would like to be elected for the following category: [CHOOSE ONE ONLY]
LJ Residential Owner-Occupant
LJ Residential Tenant
LJ Business Owner
LJ Existing Community Organization
I CERTIFY THAT WITHIN THE ADDED AREA BOUNDARIES rChoose One Onlvl
1. I am a Residential Owner-Occupant because I own and reside in
residential property located at the following address:
and have attached a copy of my recorded grant deed or property tax bill as evidence.
2. I am a Residential Tenant because I rent a dwelling unit and have
occupied the dwelling unit as my permanent residence and usual place of abode for not
less than twenty-nine (29) days. I reside at the following address:
and have attached an executed rental agreement or rent receipt as evidence.
3. I am a Business Owner, or authorized representative of such Business, or
own real property, which is not my residence. The name and address of the business
is:
and have attached Business license issued by State of California or City, or City
Business Tax Certificate. Property owners may also provide proof of ownership of real
property, which is not used for primary residency in the Added Area as evidence.
4. I am a member of an Existina Community Oraanization for either a service
club LJ, a church group LJ, a neighborhood organization LJ, or other community
-1- ,3-/7
organization U, which conducts its regularly scheduled meetings within and uses an
address located within the Added Area, and am eligible to vote as a unit member. I
have attached an official letter or resolution from the organization, on their letterhead,
authorizing me to represent them. The name, address, and description of this
community organization are:
The reasons I would like to serve on the Project Area Committee are as follows (include
prior experience in community affairs and/or other qualifications to serve on the Project
Area Committee, and attach additional sheet, if necessary):
I acknowledge that if elected as a PAC member, I will be required to complete a
Statement of Economic Interest that discloses certain personal financial information
concerning any financial interests I have in the Added Area (and my family and spouse,
if applicable). I possess all the necessary qualifications to serve as a representative on
the Project Area Committee and will participate in the regular PAC meetings. I certify
under penalty of perjury under the laws of the State of California that the foregoing is
true and correct:
Date and Place
Signature
Residence Address
Qualifying Address (Address of Residence/Business/Existing Community Organization,
whichever is applicable)
Mailing Address
Daytime Telephone Number
Evening Telephone Number
To be eligible for Project Area Committee membership, this completed application must
be returned to and received by the Office of the City Clerk, 276 Fourth Avenue, Chula
Vista, California 91910, no later than . Any applications received after
those times will be put on file for consideration for future Project Area Committee
vacancies.
-2- ...3-/<6
PAGE 1, ITEM NO.: 4
MEETING DATE: 11/26102
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM TITLE: PUBLIC HEARING TO CONSIDER PRECISE PLAN PCM-03-04 FOR
THE DEVELOPMENT OF AN INDUSTRIAL PROJECT THAT INCLUDES
APPROXIMATELY 153,000 SQUARE FEET OF OFFICE,
MANUFACTURING AND WAREHOUSING SPACE AT 3441 MAIN
STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA
RESOLUTION (A) ADOPTING NEGATIVE DECLARATION IS- 03-003;
(B) GRANTING A PRECISE PLAN (PCM-03-04l; AND (Cl
APPROVING AN OWNER PARTICIPATION AGREEMENT WITH
MCMAHON DEVELOPMENT FOR THE DEVELOPMENT OF AN
INDUSTRIAL PROJECT THAT INCLUDES APPROXIMATELY 153,000
SQUARE FEET OF OFFICE, MANUFACTURING, AND WAREHOUSE
SPACE AT 3441 MAIN STREET WITHIN THE SOUTHWEST
REDEVELOPMENT PROJECT AREA.
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR w.) r. 1 C5
1'-'
REVIEWED BY: EXECUTIVE DIRECTOR Lf... 9\~
4/5THS YOTE: YES D NO
o
BACKGROUND
The McMahon Development Group is proposing to acquire the 1 0.45-acre site ot 3441 Moin Street
to construct on industrial complex consisting of three office, manufacturing, and warehousing
buildings, which make up approximately 153,000 square feet of space. Other improvements to the
site include the associated internal circulation areas and parking lots, landscaped areos, and zoning
wolls. The proposed project is being presented to the Redevelopment Agency for consideration of a
Precise Plan and an Owner Participation Agreement. The Precise Plan is being processed in order to
allow the deviation from the building height requirements of the Montgomery Specific Plan. The
Community Development Department's Planning and Environmental Manager conducted the
environmental review pursuant to CEQA requirements and determined that the project as proposed
will not have significant negative impacts ond prepared Mitigoted Negative Declaration IS-03-003
(see Attachment 1).
RECOMMENDATION
Staff recommends that the Redevelopment Agency:
1. Hold the required public hearing on the Precise Plan and take public testimony, if any;
and
4 -I
PAGE 2, ITEM NO.:
MEETING DATE:
11/26/02
2. Approve the Resolution a) adopting Mitigated Negative Decloration 15-03-003; b)
approving Precise Pion PCM-03-04; and opproving the Owner Participation Agreement
with the McMahon Development Group for the proposed proiect.
BOARDS/COMMISSIONS RECOMMENDATION
The Resource Conservation Commission, at its meeting of October 14,2002, reviewed Mitigated
Negotive Declaration 15-03-003 and recommended its odoption to the Redevelopment Agency
(see minutes attached).
On November 4, 2002, the Design Review Committee reviewed the proposed proiect and
recommended 4-0-0- 1 (see Attachment 2 - Draft Minutes).
At its meeting of November 13, 2002, the Planning Commission reviewed the Precise Pion for the
proposed project and voted 4-2-0- 1 (2 abstained; 1 absent) to recommend approval.
DISCUSSION
Proiect Settina
The project site consists of a 10AS-acre parcel located at 3441 Main Street in the southern
portion of the City of Chula Vista (See ottached locator map) in the Southwest Redevelopment
area and the Montgomery Specific Plan. The property is rectangular in shape, and bounded on
three sides by currently developed property including single-family residential uses to the west
and across Main Street. The southern property line borders the flood ploin fringe of the Otay
River. An auto dismantler operation and a Peak Load Power Plant occupy the property to the east.
The Otay River Valley is designated as a habitat preserve by the Chulo Vista Draft Multiple
Species Conservation Plan (MSCP). The boundory of the area to be developed is over 100 feet
from the river. The Developer proposes to divide the 10AS-acre site into two parcels, the
northern-most one (Parcel A) with approximately 6.31 acres and the southern-most (Parcel B) with
an approximately 4.13 acres.
The site is locoted within the Southwest Redevelopment Plan, which purpose is to remove blighting
influences, encourage and facilitate redevelopment of vacant and underutilized parcels, and
improve the area os a whole. The proposed development Project will support and implement the
goals and objectives of the Redevelopment Plan and will contribute to the development and
improvement of the Southwest Redevelopment Area.
Proiect Description
The project consists of the construction of three buildings, designated os "A", "B", and "C", and
which are shown on the drawings attached to the Owner Participation Agreement. These
buildings ore to provide office, manufacturing, and warehouse facilities for future tenants. The
applicant proposes to subdivide the lOAS-acre parcel into two parcels. Parcel A will include
building A ond B; Parcel B will contain building C. The Applicant does not propose development
4-;).,
PAGE 3, ITEM NO.:
MEETING DATE: 11/26/02
The proposed site development information is as follows:
ENTIRE LOT AREA
455,141 square feet
1 0.45 acres
I Future Parcel A
Building "A" First Floor
Building "A" Second
Floor
Total Building "A"
Building "B" First Floor
Building "B" Second
Floor
274,821 squore feet
15,7 43 sq uare feet
4,500 sauare feet
6.31 acres I
20,243 square feet
69,032 square feet
7,300 sauare feet
T otol Building "B"
I Future Parcel B
Building "C" First Floor
Building "C" Second
Floor
179,944 square feet
46,592 square feet
10.000 sauare feet
76,332 square feet
4.13 acres'
Total Building "C"
Toto I Building Area
56,592 sauare feet
153,167 square feet
The applicant proposes to include building C within its own Parcel B, and does not propose
development within ony sensitive wetland area. Project implementation will result in the removal
of 0.01 acres (<400 sq. ft.) of coastal sage scrub. A significant portion of Parcel B will remain
undeveloped.
Land Use Desianations
Existing and proposed Land Use Designations are as follows:
GENERAL PLAN
MONTGOMERY
SPECIFIC PLAN
ZONING EXISTING LAND USE
Site Industrial Research & Research & Limited IL-P Vacant
Manufacturin~ Ind.
North In d ustri a I Research & Research & Limited IL-P Commercial/Residential
Manufacturina Ind.
South Open Space Parks & Open Spoce N/A Otay River Valleyl
City of San Die~o
East Industriol Research & Research & Limited IL-P Open Storage Usesl
Manufacturin~ Ind. power plant
West Low/Medium Low/Med Residential R-16-P Single Family Residences
Residential
Industrial R & M Resea rch & Li m ited IL-P Ma n ufacturi ngll nd ustrio I
Ind.
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PAGE 4, ITEM NO.:
MEETING DATE: 11/26/02
Proiect Specifications and Development Standards
Parkina Parcel A 181 181
Parkina Parcel B 105 102
Setbacks:
Front 68 20
Side West - 79 50
East- 61
Rear 257 0
Height 30-38 28 or 45 w 50 foot setback
PROVIDED
REQUIRED
Precise Plan
As noted earlier, the proposal requests deviations as provided for through the precise plan to
allow building height to exceed 28 feet (os required for commercial and industrial buildings
located adjacent to residential uses in the Montgomery Specific Plan). It may be argued that the
intent of the 28-foot height limit is certainly met through the underlying zoning (IL-P) which
allows a 45-foot height limit and requires 0 50-foot setback when adjacent to residential
properties. The three buildings proposed hove setbacks of 79, 90, and 80 feet respectively from
south to north from the adjacent residential properly. These setbacks mitigate any potential
visual impacts (as shown in the Site Plan's detail drawings) from the proposed building height
(30' for bldg. A, 32' for bldg. B, and 38' for bldg. C) beyond the height permitted by the
Montgomery Specific Plan.
The Precise Pion requires that specific findings be made for the height deviation listed under the
proposal. The required findings are to the effect that the proposed deviation will not be
detrimental to the health and safety of persons or properly in the surrounding vicinity; that it will
conform to the requirements of the Zoning Ordinance; thot it will be warranted under the Zoning
ordinance; and that it will conform to the City's General Plan and other City policies. The
proposed project and the requested height deviation conforms to these requirements. Therefore,
the required findings were made and are included in the Resolution along with the conditions of
approvol for the Project.
Site Plan and Parkina
The three buildings proposed are centrally located with two way circulation ond parking
surrounding them. The south side of the project faces the Otay River Valley ond the loading
docks for the southern-most building are located here and it is expected that trucks will be
utilizing these docks to load and unload. Due to the sensitive biological noise receptors here and
at the adjacent residentiol properties, noise studies will be conducted to determine noise levels
and the appropriate mitigations measures to meet the standards of the City's noise ordinance
and draft Multiple Species Conservation Plan. The Developer is proposing to build a wall, as
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PAGE 5, ITEM NO.:
MEETING DATE:
11/26/02
shown in the site plan, on the west side of the property to shield the residential properties from
the potential impacts of the operations on site. Parking is designed to meet the City's standards.
Landscapina
The Applicant has been working with the City's Landscape Architect on the proposed conceptual
Landscape Plan (included in packet). Soid plan contains 0 materiols palette thot includes a
variety of trees, vines, shrubs, ond groundcovers. These materials are distributed throughout the
periphery of the entire parcel, around three sides of buildings A and B, and the north and west
sides of building C. They are also distributed around most of the parking areas. Some of the
building elevotions are void of landscaping materiols due to the need to have truck occess to the
loading docks. This is compensated, however, by the abundance of landscaping materials on the
landscaped elevations, especially those elevations with moximum exposure toward Main Street
and the adjacent residential community on the west. As noted above noise wolls will be installed
on the west developed edges of the site. The applicant has provided a 15-foot landscape buffer
olong Main Street consistent with the Montgomery Specific Plan.
Architecture
The elevations for the project reflect late 20lh/early 21 ,I century commercial industriol
development in Southern California; painted tilt up concrete with an aluminum storefront
materials, green spandrel glazing, and reveals with a combination of personnel and rollup doors
in manual labor areas.
CONCLUSION
Staff recommends approval of the proposed Project and the Precise Plan for the following
reasons: the proposed industrial complex will contribute to the redevelopment ond improvement
of the Southwest redevelopment area; it will put a vacant property to a higher and better use; it
will bring new improvements to the area that will increase property values and motivate other
property owners to improve their properties; the operation of the project will not only create
industriol jobs but it will also contribute to create other industrial and commercial activity in the
vicinity; the Precise Plan is warranted, fulfills the requirements of the Zoning Ordinance, and will
allow a height deviation which will not be detrimental and will allow the construction of a
desirable project.
FISCAL IMPACT
The proposed land sale and Project have an estimated valuation of $9.5 million. This would
generate approximately $95,000 in annual tax-increment revenue. This omount would be
divided as follows: Twenty percent ($19,000) for the Housing Set-Aside fund; of the remaining
$76,000, fifty three percent ($40,280) will be allocated to other taxing entities as part of the tox
sharing pass thru agreements; the rest ($35,720) will accrue to the Southwest Redevelopment
Project Area fund.
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PAGE 6, ITEM NO.:
MEETING DATE:
ATTACHMENTS
11/26/02
1 - Mitigated Negative Declaration
2 - Minutes of RCC, DRC
3 - Owner Participation Agreement
J:\Commdev\Staff Rep\ 11.19-02\3441 Main Street - Agency Report.doc [1112112002 9:11 AMJ
4-fc
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA (A) ADOPTING NEGATIVE DECLARATION IS-03-003; (B) GRANTING A
PRECISE PLAN (PCM-03-04); AND (C) APPROVING AN OWNER
PARTICIPATION AGREEMENT WITH MCMAHON DEVELOPMENT FOR THE
DEVELOPMENT OF AN INDUSTRIAL PROJECT THAT INCLUDES
APPROXIMATELY 153,000 SQUARE FEET OF OFFICE, MANUFACTURING,
AND WAREHOUSE SPACE AT 3441 MAIN STREET WITHIN THE SOUTHWEST
REDEVELOPMENT PROJECT AREA.
I. RECITALS
A. Project Site
WHEREAS, the parcel, which is the subject matter of this resolution, is diagrammatically
represented in Exhibit A attached hereto and incorporated herein by this reference, and
for the purpose of general description herein consists of approximately 10.45 acres of
land located at 3441 Main Street ("Project Site").
B. Project; Application for Discretionary Approval
WHEREAS, on July 16, 2002 a duly verified application fora Precise Plan (PCM 03-04)
with request to the Project Site was filed by McMahon Development ("Applicant") with
the Chula Vista Planning and Building Department; and
WHEREAS, the project requests a deviation from the Montgomery Specific Plan to allow
a construction to occur above the 28 foot height limit prescribed for properties adjacent
to residential development, and
C. Project Description
WHEREAS, said application requests permission to construct an office, manufacturing,
and warehouse with approximately 153,000 square feet of space; and
D. Environmental Determination
WHEREAS, in accordance with the requirements of CEQA, the Environmental Review
Coordinator has determined thatthe Project requires the preparation of an Initial Study,
such study (IS 03-003) was prepared, and based on such study a Mitigated Negative
Declaration was prepared and circulated for public review; and
E. Planning Commission and Design Review Committee Record on Application
WHEREAS, the Design Review Committee held an advertised public hearing on the
Project on November 4,2002 and voted 4-0-0-1 and the Planning Commission held an
advertised pUblic hearing on November 20, 2002 on the Project and voted 4-2-0-1 (2
abstained; 1 absent); and
WHEREAS, from the facts presented to the Planning Commission, the Commission has
determined that the Project is consistent with the City of Chula Vista General Plan and
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that the public necessity, convenience and general welfare and good zoning practice
support the Project, and that the approval of Precise Plan PCM-03-04 and granting of
said height increase does not adversely affect the order, amenity, or stability of adjacent
land uses; and
F. 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 November 26, 2002 to consider
the recommendation ofthe RCC, Planning Commission, and Design Review Committee
regarding the Mitigated Negative Declaration, Precise Plan, and Owner Participation
Agreement and to hear public testimony with regard to the same.
WHEREAS, the RedeveloprrentAgency ofthe City of Chula Vista has been presented an
Owner Participation Agreement, said agreement being on file in the Office ofthe Secretary
to the Redevelopment Agency approving the construction of the industrial project, located
a.t 3441 Main, depicted in Exhibit A of the Owner Participation Agreement and subject to
conditions listed in this resolution.
NOW THEREFORE BE IT RESOLVED that the Redevelopment Agency does hereby find,
determine and ordain as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning Commission at
their meeting on this project held on and the minutes and resolution resulting there from, are
hereby incorporated into the record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The Redevelopment Agency does hereby find that the Negative Declaration on IS 03-003 has
been prepared in accordance with the requirements ofthe California Environmental Quality Act,
the State EIR guidelines and the Environmental Review Procedures of the City of Chula Vista.
IV. INDEPENDENT JUDGEMENT OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA
The Redevelopment Agency finds that Negative Declaration on IS-03-003 reflects the
independent judgment of the Agency of the City of Chula Vista.
V. PRECISE PLAN FINDINGS
The Redevelopment Agency of the City of Chula Vista does hereby make the findings required
by the Agency's rules and regulations for the issuance of a Precise Plan, as herein below set
forth and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in the
record that permits the stated findings to be made.
A. That such plan will not, under the circumstances of the particular case, be
detrimental to the health, safety, or general welfare of persons residing orworking
in the vicinity, or injurious to property or improvements in the vicinity.
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The proposed use is not detrimental in light of the surrounding auto dismantlers and
other open storage uses in the vicinity. The 28-foot rule governing height limit when
adjacent to residential property was an attempt to limit the deleterious effects of
dissimilar uses where no side yard setbacks are prescribed and where oftentimes lots
are not more than 50' in width. Implicit therefore in the Montgomery Specific Plan is the
potential that a higher than 28-foot tall building could be located adjacent to a private
residence potentially intruding on the expected privacy ofthe occupants. The standards
for the development of the subject property imposed by the City's zoning ordinance are
a more sophisticated inclusive concept that contemplated properties with sufficient area
to allow well planned clean industrial development to co-locate adjacent to residential
development, and requires a minimum 50 foot setback from any residential property.
The project exceeds that standard, with building setbacks of 80 feet for building A, 90
feet for building B, and 79 feet for building C. The potential visual and shadow impacts
of these heights on the adjacent residential dwellings is adequately mitigated by the
proposed building setbacks. All other development and performance standards are in
place. Requirements for mitigation of potential noise impacts are a condition of the
approval.
B. That such plan satisfies the principle for the application ofthe P modifying district
as set forth in Section 19.56.041.
Section 19.56.041 sets out four principles, one of which must be applicable to the
proposed project before the Precise Plan modifying district may be applied. Section B
goes on to describe, "The property or area to which the P modifying district is applied is
an area adjacent and contiguous to a zone allowing different land uses, and the
development of a precise plan will allow the area so designated to coexist beWeen land
usages which might otherwise be incompatible". The subject site is zoned Light
Industrial, while the adjacent properties are residential. The use of the Precise Plan
satisfies the principles of Section 19.56.041.
C. That any exceptions granted which deviate from the underlying zoning
requirements shall be warranted only when necessary to meet the purpose and
application of the P precise plan modifying district.
The project is in accord with all of the development standards of the underlying zoning
and it is solely the Montgomery Specific Plan that requires the use of the Precise Plan.
However consideration of the intent and circumstance of the inception of the
Montgomery Specific Plan as described in A above provide the necessary warrant for
exception.
D. That the approval of this plan will conform to the general plan and the adopted
policies of the city.
The Project is in substantial conformance with the Land Use Element of the City of
Chula Vista General Plan, and the Montgomery Specific Plan Land Use Designation of
Industrial. The proposed project is Light Industrial, which is a use permitted by the
General Plan, the Montgomery Specific Plan, and the Zoning Ordinance.
VI. CITY COUNCIUREVELOPMENT AGENCY FINDINGS
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The City Council and Agency hereby find that the Project is consistent with the City of Chula
Vista General Plan and that the public necessity, convenience and general welfare and good
zoning practice support the Project, and does not adversely affect the order, amenity, or stability
of adjacent land uses.
BE IT FURTHER RESOLVED THAT THE REDEVELOPMENT AGENCY DOES HEREBY FIND,
ORDER, DETERMINE, AND RESOLVES AS FOllOWS:
1. The proposed project will not have a significant impact on the environment; accordingly
Mitigated Negative Declaration 1&03-003 was prepared and is hereby adopted in accordance
with CEQA.
2. The proposed project is consistent with the Southwest Redevelopment Plan and shall
implement the purpose thereof; the project shall assist with the elimination of blight in the
Project Area.
3. The Redevelopment Agency of the City of Chula Vista hereby approves the Owner
Participation Agreement with the McMahon Development for the construction of an industrial
project at 3441 Main Street, in the form presented and in accordance with plans attached
thereto as Exhibit A and subject to conditions listed below.
4. The Chairman of the Redevelopment Agency is hereby authorized to execute the subject
Owner Participation Agreement between the Redevelopment Agency and McMahon
Development.
5. The Secretary of the Redevelopment Agency is authorized and directed to record said
Owner Participation Agreement in the Office of the County Recorder of San Diego,
California.
VII. TERMS OF GRANT OF PERMIT
The Redevelopment Agency hereby grant Precise Plan PCM-03-04 and approve the project subject to
the following conditions whereby the Applicant shall:
A. Ensure that the proposal complies with the use outlined in the application and material submitted
therewith except as modified below:
1. The site shall be developed and maintained in accordance with the character sketches
of typical industrial office, manufacturing and warehouse buildings provided along with
the conceptual plans which include site plans, architectural elevations. exterior matErials
and colors, and landscaping on file in the Planning Division, the conditions contained
herein, and Title 19 of the City of Chula Vista Municipal Code.
2. Prior to any use of the project site or business activity being commenced thereon, all
Conditions of Approval shall be completed and implemented to the satisfaction of the
Director of Planning and Building.
3. Revised site plans and building elevations incorporating all Condition of Approval shall
be submitted for Director of Planning and Building review and approval prior to the
issuance of building permits.
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4. Approval of this request shall not waive compliance with all sections of Title 19 of the
Municipal Code; all other applicable City Ordinances in effect at the time of building
permit issuance.
5. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., as
well as trash enclosure facilities, shall be located out of public view or adequately
screened through the use of a combination of concrete or masonry walls, berming,
and/or landscaping to the satisfaction of the Director of Planning and Building.
6. 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 well as from on-site resident views above or across the site as
required by the Director of Planning and Building. Such screening shall be
architecturally integrated with the building design and constructed to the satisfaction of
the Director of Planning and Building. Details shall be on building plans.
7. All gutters, downspouts and vents must be integrated into the roof and wall systems, to
ensure that there will be no unattractive appendages to the elevations presented for
review and approval by the Director of Planning and Building.
8. 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 Director of Planning and Building prior to issuance of building permits. Additionally,
the project shall conform to Sections 9.20.055 and 9.20.035 of the Municipal Code
regarding graffiti control.
9. The conceptual landscape plans shall be revised and resubmitted for review and
approval by the City Landscape Planner. The revision should include the following: add
additional planter formation or layering of plants within the screening parking lot planting
area along Main Street, Provide accent trees at both driveway entrances. Landscape
and irrigation plans (to include a water management plan) shall be reviewed and
approved by the City Landscape Planner and brought back to the Design Review
Committee prior to the issuance of building permits.
10. The building permit plans shall comply with 2001 Building (UBC), Plumbing (UPC),
Mechanical (UMC), and National Electrical Code (NEC). Plans shall also comply with
2001 Title 24 California Code of Regulations energy and disabled access requirements.
Show dimensions of separation between buil:lings and show assumed property lines on
building plans. A separate building permit shall be required for signage and lighting.
11. A technical report may be required by the Fire Department attime of building permit plan
check depending on specific use of buildings, and additional hydrants may be required
at that time.
12. Complete and sign Recycling and Solid Waste Planning Guide (RSWPG) prior to
issuance of building permit. The Detail Site Plan for the enclosure shall incorporate
features listed on the RSWPG. Add following to site plan detail for enclosures: flat
reinforced concrete pad in front, metal doors independently hinged from masonry walls,
slope ratio, 8" curb. Detail Site Plan shall be provided prior to issuance of Building
Permits.
4-(/
13. A grading permit will be required prior to the issuance of a building permit.
14. The Applicant shall comply with the requirements of the Crime Prevention Unit of the
Police Department, including the utilization of components that will address access
control, surveillance detection, and police response. This shall be done prior to
issuance of Certificate of Occupancy and to the satisfaction of the Director of Planning
and Building.
15. The Applicant shall submit a parcel map as a requirement of this approval. The map
may require additional dedications. A reciprocal parking and access easement, to be
reviewed and approved by City staff, will be a requirement of this approval.
16. All requirements of the Public Works Department shall be met prior to issuance of
building permits. Applicant shall pay all Engineering Division fees including but not
limited to sewer capacity and connections, development impact for public facilities, and
traffic signal fees prior to issuance of building permits.
17. A geotechnical investigation/soils study will be required along with the improvement
plans to provide information addressing the erosion potential of the site as well as
foundation recommendations prior to issuance of building permits.
18. The parking lot design shall be for two-way traffic flow. Show the typical dimensions for
aisle width, stall to curb, stall width, and parking stall angle. Appropriate markings and
signage shall be added to direct traffic flow at each aisle. The design shall incorporate
ADA requirements for parking and accessibility. The parking plan shall be reviewed
prior to issuance of building permits.
19. According to the NPDES Permit, Order NO. 2001-01, the project is a priority
development project due to its location adjacent to the Otay River Valley, and it is
required to comply with the Standard Urban Storm Water Mitigation Plans and numeric
sizing criteria of the plan. In addition, the project is required to implement Best
Management Practices to prevent pollution of the storm drainage systems, both during
and after construction. Adjacent storm drain inlets shall be protected at all times during
construction of the new building and improvements. A drainage study will be required
along with the improvement plans and include information addressing the measures that
will be implemented to reduce storm water runoff to pre-development flow rates at the
outlet of the site. The drainage study shall be provided for review prior to issuance of
building permits.
20. Identify and clearly label the existing sewer and the proposed sewer lines that will serve
the project, and show the connection to the existing sewer line on the required
improvement plans to be provided for review prior to the issuance of building permits.
21. While no sensitive species were observed within the proposed project
boundaries the City has a Draft Multiple Species Conservation Program (MSCP) Subarea
Plan. If the project proceeds under the City's Subarea Plan, the project proponent would
have to wait until the City is given "take authority" by the USF&WS andCDFG to remove
approximately 400 square feet of Diegan Coastal Sage Scrub. The project would be
regulated under the City's Habitat Loss and Incidental Take (HUT) Ordinance, which is
currently being prepared. The HUT Ordinance would include provisions to authorize the
"take" of Diegan coastal sage scrub. The applicant would be required to obtain a HUT
4-IL
permit from the City. The HUT will require that the loss of Diegan coastal sage scrub be
mitigated and will contain limitations on grading during thegnatcatcher breeding season
If the proponent opts to proceed prior to the City receiving "take authority" from USF&WS
and CDFG, Applicant shall obtain "take authority" directly from those agencies through a
Section 10 (a) or other appropriate permitting process.
Prior to issuance of grading permit or final map, the applicant shall:
a). The embankment immediately south of the development area if planted, shall only be
planted in native sage scrub plant species indigenous to the adjacent Otay River
floodplain.
b). The adjacent floodplain area immediately south of the embankment shall be placed
into dedicated biological open space.
c.) Project lighting shall not be directed southward into this biological open space habitat.
d.) Project construction noise standards shall comply with Item d. (Noise), Priority 1, Draft
adjacency guidelines for the Subarea Plan.
e.) Obtain a Habitat Loss Incidental Take (HUT) permitfrom the City ofChula Vista for the
Diegan coastal sage scrub. The HUT will require that the loss of Diegan coastal sage
scrub be mitigated at a 1: 1 ratio inside the MSCP Preserve or at a 1.5:1 ratio outside the
MSCP preserve.
f). Obtain "take" authorization for the Diegan Coastal Sage Scrub from the USF&WS and
the CDFG through a Section 10 (a) or other appropriate permitting process.
22. To avoid noise impacts to neighbors, no outdoor public address system shall be
permitted.
23. No catering vehicles shall be allowed to provide service on the western side of the
proposed buildings.
24. Prior to issuance of a certificate of occupancy noise testing shall be accomplished for
activities/operations (indoor and outdoor including trucking operations) associated with all
proposed buildings in order to assess the project site development compliance with local
municipal regulations related to noise. If testing indicates noncompliance, sound
attenuation measures shall be incorporated by the applicant/property owner as
recommended by the noise report to bring the activities/operation into compliance.
25. Prior to issuance of a grading or building permit, noise control measures for both short
term (construction) and long term impacts will be required for the California Gnatcatcher's
nesting season and for other riparian songbird species from February 15 to August 15.
26. A landscape plan for the area south of development approved by a qualified biologist
shall be submitted to the City of Chula Vista for approval prior to the commencement of
construction. The plan shall include non-invasive vegetation that: Does not require
permanent irrigation, and is compatible with the coastal sage scrub habitat south of the
development area. All landscaping shall be in place prior to the end of construction.
4. - /..3
27. The applicant shall contact the local water district to determine the additional demand and
alteration to the existing water systems for domestic and/or fire protection purposes. In
addition, irrigation plans may need to be designed to reclaimed water standards and
specifications. All fees and deposits shall be provided at the building permit stage.
28. Standard school fees developments shall be paid prior to the issuance of building
permits. Contact the Sweetwater Union High School District and the Chula Vista
Elementary Schooi District.
29. 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 that the
Permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
30. This 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.
31. Applicant shall comply with all conditions and provisions of Mitigated Negative Declaration
IS-03-003 and the Mitigation Monitoring Report.
IX. 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 Recorder's
Office 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 within ten days of recordation to the Secretary to the
Redevelopment Agency 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 Redevelopment Agency.
J;;;n= .
I Signature of Representative of
McMahon Development Group, Inc.
Date
>c.
1I{:Io/l ~
ate'
X. INDEMINIFICATION/HOLD HARMLESS
Applicant/operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the
City/Agency, its members, officers, employees, agents and representatives, from and against any and
all liabilities, losses, damages, demands, claims, costs, including court costs and attorney's fees
(collectively, "liabilities") incurred by the City/Agency arising, directly or indirectly, from (a) City's/Agency's
4 -I"
approval and issuance of this Precise Plan and Owner Participation Agreement, (b) City's/Agency'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 installation and operation ofthe facility
permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing
the Agreement of this Precise Plan and Owner Participation Agreement where indicated.
Applicant's/operator's compliance with this provision is an express condition of this Precise Plan and
Owner Participation Agreement and this provision shall be binding on any and all Applicant's/operator's
successors and assigns.
XI. NOTICE OF DETERMINATION
The Redevelopment Agency directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the City Clerk.
XII. 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 deeme:J to be automatically
revoked and of no further force and effect ab initio.
Presented by
Chris Salomone
Community Development Director
--
4-(~
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C HULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPUCANT: McMAHON DEVELOPMENT GROUP
PROJECT
ADDRESS: 3441 MAIN STREET
SCALE: FILE NUMBER: 4-((,
NORTH No Scale ~-<l3.oo3; DRC:0344; PCM-<l3-<l4
Recording Requested By:
CHULA VISTA REDEVELOPMENT AGENCY
276 Fourth Avenue
Chula Vista, CA 91910
When Recorded Mail To:
CHULA VISTA REDEVELOPMENT AGENCY
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Judi Bell
(Space Above This Line For Recorder)
APN: 629.062-02
OWNER PARTICIPATION AGREEMENT
McMahon Development Group, LLC
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 McMahon Development Group, LLC or
an approved designee (hereinafter referred to as "DEVELOPER") effective as of November 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 industrial complex consisting of three office, manufacturing, and
warehousing buildings, which make up approximately 153,000 square feet of space, and the associated parking lots,
access and circulation, and landscaped areas (the "Project"); and,
WHEREAS, said plans for development have been recommended for approval by said committee and said
Commission; and,
WHEREAS, the AGENCY has considered the Design Review Committee's and Planning Commission's
recommendations and has approved the Project and design plans subject to certain terms and conditions; and,
WHEREAS, the AGENCY desires that said Project be implemented and completed as soon as it is practicable in
accordance with the terms of this Agreement.
NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows:
1. The property to be developed is described as Assessor's Parcel Numbers 629.062-02, located at
3441 Main Street, Chula Vista, CA., shown on locator map attached hereto and by this reference
incorporated herein ("Property").
2. The DEVELOPER covenants and agrees by and for himself, his heirs, executors, administrators and
assigns and all persons claiming under or through them the following:
A. DEVELOPER shall develop the Property with the Project in accordance with the AGENCY
approved development proposal attached hereto as Exhibit "A".
B. DEVELOPER shall obtain all necessary federal/state and local governmental permits and
approvals and abide by all applicable federal, state and local laws, regulations, policies and
approvals in connection with the development of the Project. DEVELOPER further agrees
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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, thaf there shall be no discriminafion against or segregation of, any
person or group of persons on account of race, color, creed, nafionalorigin
or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure,
or enjoyment of the premises herein conveyed, nor shall the grantee
himself or any persons claiming under or through him establish or permit
any such practice of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees,
subtenant lessees, or vendees in the premises herein conveyed. The
foregoing covenants shall run with the land. '
E. In all leases demising an interest in all or any part of the Property, the following language
shall appear:
'The lessee herein covenants by and for himself, his heirs, executors,
administrators and assigns, and all persons claiming under or through him,
and this lease is made and accepted upon and subject to the following
conditions:
That there shall be no discrimination against or segregation of, any person
or group of persons, on account of race, color, creed, national origin, or
ancestry, in the leasing, subleasing, transferring use, occupancy, tenure,
or enjoyment of the premises herein leased, nor shall the lessee himself or
any persons claiming under or through him, establish or permit any such
practices of discrimination or segregation with reference to the selection,
location, number or use, or occupancy of tenants, lessees, sublessees,
subtenants, or vendees in the premises herein leased. '
3. The Property shall be developed subject to the conditions imposed by the Design Review Committee,
the Planning Commission, and the AGENCY as described in Exhibit A of the Agency Resolution and
incorporated herein by this reference. DEVELOPER acknowledges the validity of and agrees to
accept such conditions.
4. DEVELOPER shall maintain the premises in FIRST CLASS CONDITION.
A. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughout the term of this Agreement,
DEVELOPER shall, at DEVELOPER's sole cost and expense, maintain the Property which
includes all improvements thereon in first 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
4-/fj'
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 otherwise, the cost of which will be promptly reimbursed by the
DEVELOPER.
D. FIRST CLASS CONDITION DEFINED. First class condition and repair, means an efficient
and attractive condition, at least substantially equal in quality to the condition which exists
when the Project has been completed in accordance with all applicable laws and conditions.
5. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein shall run
with the land. DEVELOPER shall have the right, without prior approval of AGENCY, to assign its
rights and delegate its duties under this Agreement.
6. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein are for
the express benefit of the AGENCY and for all owners of real property within the boundaries of the
PROJECT AREA as the same now exists or may be hereafter amended. AGENCY and DEVELOPER
agree that the provisions of this Agreement may be specifically enforced in any court of competent
jurisdiction by the AGENCY on its own behalf or on behalf of any owner of real property within the
boundaries of the PROJECT AREA.
7. AGENCY and DEVELOPER agree that this Agreement may be recorded by the AGENCY in the Office
of the County Recorder of San Diego County, Califomia.
8. DEVELOPER shall and does hereby agree to indemnify, protect, defend and hold 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.
4-1'7
9. In the event of any dispute between the parties with respectto the obligations under this AGREEMENT
that results in litigation, the prevailing party shall be entitled to recover its reasonable attorney's fees
and court costs from the non-prevailing party.
10. Time is of the essence for each and every obligation hereunder.
11. If DEVELOPER fails to fulfill its obiigations 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
4- - 2-0
Signature Page
IN WITNESS WHEREOF THE PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE AS OF THE DATE
FIRST WRITTEN ABOVE.
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
"AGENCY"
DATED:
By:
Shirley Horton, Chairman
"DEVELOPER"
DATED:
/1/"ZIIjP "V-'
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By:
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, Ronald D. McMahon, Managing Member/Partner
McMahon Development Group, LLC
NOTARY: Please attach aCknowledgment card.
APPROVED AS TO FORM BY:
John M. Kaheny, Agency Attorney
File.:J:\COMMDEVlTAPIAIQPASITAPIA\PROJECTS\3441 MAIN STREET\3441 Main Street OPA.doc (November 20, 2002 9:00 AM)
4-2.(
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EXHIBIT A
Design Plans
Owner Participation Agreement
McMahon Development Group, LlC
3441 Main Street
Chula Vista, CA
Insert
Exhibit A
Reduced Copies of Design Plans
Here
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10/31/2002 08:21
01
KEN SMITH ARCHITECT
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EXHIBIT B
locator Map
Owner Participation Agreement
McMahon Development Group
3441 Main Street
Chula Vista, CA
LOCATOR MAP
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LOCATOR ~~~;..1,-: McMAHON DEVELOPMENT GROUP PROJECT DESCRIPTION:
C)
PROJECT
ADDRESS: 3441 MAIN STREET
SCAlE: FILE NUMBER: 4...,.31
NORTH ND Scale 1$-03-003; DRC-;O).0.4j PCM-03-04
ATTACHMENT 1
Mitigated Negative Declaration
PROJECT NAME:
McMahon Development
PROJECT LOCATION:
3441 Main Street
ASSESSOR'S PARCEL NO.:
629-062-02-00
PROJECT APPLICANT:
McMahon Development Group
CASE NO.:
IS-03-003
DATE:
October 4, 2002
A. Project Setting
The project site consists of a WAS-acre parcel located at 3441 Main Street in the southern
portion of the City of Chula Vista (See Figure I). The property is rectangular in shape, and
bounded on three sides by currently developed property including single-family residential
uses to the southwest and across Main Street. The southern property line borders the flood
plain fringe of the Otay River. An auto dismantler operation and a Peaker Power Plant
occupy the property to the east. The Otay River Valley is designated as a habitat preserve by
the Chula Vista Draft Multiple Species Conservation Plan (MSCP).
According to a biological site assessment prepared by Merkel & Associates, dated February
27, 2002, the entire site is primarily comprised of disturbed lands. The site has been graded
and/or brushed almost throughout, but still retains some limited wetlands in the floodplain of
the Otay River Valley along the southerly boundary (about 0.08 acres). The report indicates
that besides these limited wetland resources, and a miniscule area of Diegan Coastal Sage
scrub (0.05 acres) found in the extreme southeastern corner, no native vegetation habitats are
present. Two sensitive shrubs occur in limited numbers near the southern property boundary
associated with wetlands; several San Diego Marsh-elder (I va hayesiana) and one
Southwestern Spiny Rush (Juncus acutus). No sensitive animal species were observed by the
biologists and given the current scarcity of vegetation on-site, no significant sensitive
animals are expected to be resident on the property.
B. Project Description
The project consists of the construction of three buildings, designated as "A", "B", and "e".
These buildings are to provide office, manufacturing, and warehouse facilities for future
tenants.
The proposed site development information is as follows:
4-32..
.I 0104/02
Lot area
Building "A" First Floor
Building "A" Second Floor
Building "B" First Floor
Building "B" Second Floor
Building "C" First Floor
Building "c" Second Floor
Total Building Area
455,141 square feet 10.45 Acres
15,743 square feet
4,500 square feet Total 20,243 sq. feet
69,032 square feet
7,300 square feet Total 76,332 sq. feet
46,592 square feet
10,000 square feet Total 56,592 sq. feet
153,167 square feet
The applicant does not propose development within any sensitive wetland area. Project
implementation will result in the removal 0.01 acres (<400 sq. ft.) of coastal sage scrub.
Associated discretionary actions include:
I) Approval of a Precise Plan
2) Design Review approval and;
3) City of Chula Vista Redevelopment Agency approval of all plans and environmental
determinations including tentative parcel map.
C. Complianc'e with ZoninQ and Plans
The proposed use is consistent \\oith the ILP (Light Industrial Precise Plan) zone and General
Plan Limited Industrial designation.
D. Public Comments
On July 23, 2002 a Notice of Initial Study was circulated to property owners v,ithin a 500-
foot radius of the proposed project site. The public comment period ended August 5, 2002.
Two public comments were received by telephone. Both were from nearby residents who
were happy to see that new development would be occurring on' a vacant piece of land
currently associated \Vith numerous nuisances including street noise and fugitive dust.
Environmental issues have been addressed in the attached checklist. Mitigation measures
have been incorporated to reduce noise and visual impacts to a less than significant level.
Impacts to biological resources are discussed below and include mitigation for impacts to
Diegan coastal sage scrub.
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vist~ (including an attached Environmental
Checklist form) determined that the proposed project 'will not have a significant
environmental effect, and the preparation of an Environmental Impact Report will not be
required. This Mitigated Negative Declaration has been prepared in accordance with Section
15070 of the State CEQA Guidelines.
F. Mitigation Necessary to Avoid SiQnificant Impacts
4- 3.3
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10/04/02
BIOLOGICAL RESOURCES
The proposed project would result in the removal of approximately O.OI-acre (400 square
feet.) of Diegan coastal sage scrub (CSS) a vegetation community considered sensitive by the
U.S. Fish and Wildlife Service (USFWS) and the Califomia Department of Fish and Game
(CDFG). Merkel and Associates completed a biological survey of the project and the
surrounding area on February 27, 2002.
No sensitive species were observed within the proposed project boundaries.
The City has a Draft Multiple Species Conservation Program (MSCP) Subarea Plan. If the
project proceeds under the City's Subarea Plan, the project proponent would have to wait
until the City is given "take authority" by the USFWS & CDFG. The project would be
regulated under the City's Habitat Loss and Incidental Take (HUT) Ordinance, which is
currently being prepared. The HUT Ordinance would include provisions to authorize the
"take" of Diegan coastal sage scrub. The applicant would be required to obtain a HUT
permit from the City. The HUT will require that the loss of Diegan coastal sage scrub be
mitigated and will contain limitations on grading during the gnatcatcher breeding season.
If the proponent opts to proceed prior to the City receiving "take authority" from USFWS &
CDFG, they will be required to obtain "take authorization" directly from the USFWS &
CDFG through a Section 10 (a) or other appropriate permitting process.
Prior to issuance of grading permit or final map, the applicant shall:
I.) The embankment immediately south of the development zone (an existing fence on the
north side already defines this boundary) if planted, shall only be planted in native sage
scrub plant species indigenous to the adjacent Otay River floodplain.
2.) The adjacent floodplain area immediately southward of this embankment shall be placed
into dedicated biological open space.
3.) Project lighting shall not be directed southward into this biological open space habitat.
4.) Hardscape rainfall run-off shall be designed to meet Regional Water Quality Control
Board (RWQCB) and National Pollution Discharge & Elimination System (NPDES)
standards.
5.) Project construction nQise standards shall comply with Item d. (Noise), Priority I, Draft
adjacency guidelines for the Subarea Plan.
6.) Obtain a Habitat Loss Incidental Take (HILT) permit from the City ofChula Vista for the
Diegan coastal sage scrub. The HILT will require that the loss of Diegan coastal sage
scrub be mitigated at a I: I ratio (0.01 acres) inside the Multiple Species Conservation
Program (MSCP) Preserve or at a 1.5: I (0.02 acres) ratio outside the MSCP Preserve; or
q-3r.f
3
10/04/02
7.) Obtain "take" authorization for the Diegan coastal sage scrub from the U.S. Fish and
Wildlife Service and the California Department of Fish and Game through a Section 10
(a) or other appropriate permitting process.
NOISE
Noise control measures are required as follows:
I.) All roof-mounted exterior air conditioner system components or any noise generating
equipment shall be shielded behind a parapet wall equal in height to the top of the tallest
NC or similar equipment unit.
2.) To avoid noise impacts to neighbors, no outdoor public address (PA) system shall be
permitted.
3.) No catering vehicles shall be allowed on the western side of the proposed building.
4.) Noise testing shall be accomplished for activities/operations (indoor & outdoor including
trucking operations) associated with all proposed buildings in order to assess that the
project site development is in compliance \\;ith local municipal regulations related to
noise. If testing indicates noncompliance, sound attenuation measures shall be
incorporated by the applicant/property owner as recommended by the noise report to
bring the activities/operation into compliance.
5.) Noise control measures for both short term (construction) and long term impacts will be
required for the California Gnatcatcher's nesting season and for other riparian songbird
species from February 15 to August 15. Building "c" is located approximately 260 feet
from the southerly property line which is the area closest to the Otay River area. If noise
testing accomplished in particular for activities/operations (indoors & outdoors including
trucking operations) associated with building "C" which is closest to the Otay River area
assess that the project site development is not in compliance with local, state and federal
regulations related to noise, the project shall implement noise attenuation measures as
recommended by the noise report that bring the project into compliance.
AESTHETICS
1.) The roof equipment shall be screened as conceptually shown on the site plan and is
subject to review and approval by the Planning & Environmental Services Manager prior
to the commencement of construction.
2.) A landscape plan approved by a qualified biologist shaIl be submitted to the City of
Chula Vista for approval prior to the commencement of construction. The plan shall
include non-invasive vegetation that:
· Does not require permanent irrigation; and
· Is compatible with the coastal sage scrub habitat south of the development
area.
4-.3S-
4
10/04/02
3.) Project proponent shall install landscaping prior to the completion of construction in
accordance with approved landscape plans.
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
made a condition of approval, as well as requirements of the attached Mitigation Monitoring
Program (Attachment" A").
I agree to implement the mitigation measures required as stated in this Section (F) of this
. ti ated gative Dec1 ation.
1. tYt4lr
G.
ame, Title
Consultation
Date
I 0 - o<f- 02--
1. City of Chula Vista:
Marilyn Ponseggi, Environmental Review Coordinator
Mary Ladiana, Environmental Projects Manager, Planning Division
Maria Muett, Associate Planner, Environmental Section
Doug Perry, Fire Chief
Silvester Evetovich, Engineering Department
Gary Williams, Planning Division
Ralph Leyva, Engineering Department
Frank Rivera, Engineering Department
Frank Herrera-A, Planning Division
2. Libby Lucas, California Department of Fish & Game
3. Hector Martinez, Sweetwater Authority
4. Ken Waite, City of San Diego, Wastewater section
Applicant's Agent:
Jeff Wissler
5. Documents
Chula Vista General Plan (1989) and ErR (1989)
Title 19, Chula Vista Municipal Code, September 1997
Merkel & Associates, Inc., Biological Site Assessment of 10.439 ac. site on 3441
Main Street, February 27, 2002.
GeoTek, Inc., Geotechnical Report, August 12, 1999, October 1, 1999.
Douglas Eilar & Associates, Acoustical and Environmental Consulting, Noise Impact
Analysis for 3441 Main Street, July 10, 2002
Construction Testing & Engineering, Inc., P. Geotechnical Investigation, 3441 Main
Street, June 17,2002
P&D Environmental Services, Phase I Environmental Site Assessment, 3441-3443
Main Street, June 24,1999.
City of Chula Vista Draft Multiple Species Conservation Program (MSCP) Subarea
Plan, September 11,2000 '-I-3f,.
5
10/07/02
Initial Studv
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 Community Development Department. 276 Fourth
Avenue, Chula Vista, CA 91910.
-15 4;;fJs, , Date: , D- 0 4- -(7l--
Brian Hunter 7
Planning & Environmental Services Manager
4- 37
6
10104/02
Case No.IS-03-003
ENVIRONMENTAL CHECKLIST FORM
1. Name of Proponent: McMahon Development Group
2. Lead Agency Name and Address: City of Chula Vista
276 Fourth A venue
Chula Vista, CA 91910
3. Address and Phone Number of Proponent: 380 Stevens Avenue, Suite 313
Solana Beach, CA 92075
(858) 350-0200
4. Name of Proposal: McMahon Development
5. Date of Checklist: October 4, 2002
Pottluian,.
Siplncanl
lmJJact
PotmtlllUy
Signirlcant
v.""
Mitlg.at~
LoB .....
S"tpifkant
Im".d
N.
Im".d
I. LAND USE AND PLANNING. Would the proposol:
a) Conflict with general plan designation or zoning?
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over
the project?
o
o
o
~
o
o
o
~
c) Affect agricultural resources or operations (e.g.,
impacts to soils or farmlands, or impacts from
incompatible land uses)?
d) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)?
Comments:
The project site consists of a vacant lO.45-acre parcel located at 3441 Main Street in the City of Chula
Vista, CA. The property is composed of one legal parcel (APN 629-062-02) with a 354 ft. frontage along
Main Street. The parcel is approximately 1,285 in length.
o
o
o
~
o
o
o
~
On-Site Land Use
The site is currently vacant of all structures. There are no agricultural uses in the area.
Surrounding Land Uses
The properties to the north and west are single-family residential uses. The properties to the east consist
of auto storage and wrecking yard and a Peaker Electrical Power Plant. The Otay River is located along
the property's southern boundary.
Project Description
~-3ff
The proposed industrial/office/warehouse use is consistent with the ILP (Limited Industrial Precise Plan)
Zoning District and the Limited Industrial General Plan designation.
1 10/4/02
Mitigation: None
II.
POPULATION AND HOUSING.
proposal:
Would the
a) Cumulatively exceed official regional or local
population projections?
b) Induce substantial growth in an area either directly
or indirectly (e.g., through projects in an
undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable
housing?
PDttDlially
Signiftcant
Impact
Potentially
Significant
U....
Mitigated
N.
Impact
l.esstlan
SigniflClint
Impact
o
o
o
III
o
o
o
III
o
o
o
III
Comments:
Implementation of the project would create employment opportunities consistent with the General Plan and
Zoning designation for the site. No significant population or housing impacts would result from
constructing an industrial/warehouse facility in the south bay area.
Mitigation: None
III. GEOPHYSICAL. Would the proposal result in or
expose people to potemial impacts involving:
a) Unstable earth conditions or changes in geologic
substructures?
b) Disruptions, displacements, compaction or
overcovering of the soil?
c) Change in topography or ground surface relief
features?
d) The destruction, covering or modification of any
unique geologic or physical features?
e) Any increase in wind or water erosion of soils,
either on or off the site?
t) Changes in deposition or erosion of beach sands,
or changes in siltation, deposition or erosion which
may modify the channel of a river or stream or the
bed of the ocean or any bay inlet or lake?
g) Exposure of people or property to geologic hazards
such as earthquakes, landslides, mud slides, ground
failure, or similar hazards?
o
o
o
III
o
o
o
III
o
o
o
III
o
o
o
III
o
o
o
III
o
o
o
III
o
o
III
o
Comments:Soils - 4 - 3 ,.
Construction Testing & Engineering, Inc. conducted a geotechnical evaluation of the site. The evaluation
concludes that there are no known geophysical conditions present that expose people to geologic or earth
hazards. No active or potentially active surface faults are known to exist on the site and therefore no
significant impacts have been identified and no mitigation measures are required. Finish grading required
2
10/7/02
Potentiall}.
Potentially Significant Less lhan
SiguUlcanl Unless Signlfk:mt No
I.mpact Mitigated Impact Impact
for the project is estimated to consist of 30,000 cubic yards of earthwork. Only 8.5 acres of the project
site will be graded. The existing on-site drainage pattern is basically southerly towards the Otay River.
The existing drainage swale is part of the City of Chula Vista storm drain system that conveys runoff from
north of Main Street to the Otay River. The existing storm drain system would remain in its current
condition with no alterations. The Engineering Department, as a standard requirement of grading permit
approval, will require the submittal of a soils report with the first submittal of the Improvement/Grading
Plans and compliance with the applicable report recommendations.
f) Change in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations?
g) Altered direction or rate of flow of groundwater?
h) Impacts to groundwater quality?
i) Alterations to the course or flow of flood waters?
j) Substantial reduction in the amount of water
otherwise available for public water supplies?
Comments:
.The existing on-site drainage pattern is basically southerly towards the Gtay River. The existing drainage
swale is part of the City of Chula Vista storm drain system that conveys runoff from north of Main Street
to the Otay River. The existing storm drain system would remain in its current condition with no
alterations. The applicant would be required by the Engineering Department, as part of their plan review,
to show that the post development flow rate for a given design storm does not exceed the pre-devlopment
flow rate at the outlet of the property, and L'lat the development will not increase erosion potential
downstream of the site. The southerly portion of the site has been identified by the City Engineering
Department as being the lOG-year flood zone. However, project development is not proposed for this
area. 4 -'10
As a standard engineering condition, the applicant would be required to implement Best Management
Practices (BMPs) to prevent pollution of the storm water conveyance systems, both during and after
construction. Additionally, in accordance with the City's National Pollution Elimination System (NPDES)
Mitigation: None
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or
the rate and amount of surface runoff?
b) Exposure of people or property to water related
hazards such as flooding or tidal waves?
c) Discharge into surface waters or other alteration of
surface water quality (e.g., temperature, dissolved
oxygen or turbidity)?
d) Changes in the amount of surface water in any
water body?
e) Changes in currents, or the course of direction of
water movements, in either marine or fresh
waters?
3
o
18I
o
o
o
o
18I
o
o
o
I8l
o
o
o
I8l
o
o
I8l
o
o
o
I8l
o
o
o
181
o
o
o
I8l
o
o
o
o
181
o
o
o
181
o
10/7/02
Potentially
PotentiaUy Signilicant Less tblll1
Significant Unless SlIDlllCaDI No
Impact Mitigated impact Impact
Permit, the project applicant will be required to comply with adopted standard urban storm water
mitigation plans and numeric sizing criteria as administered by the City's Engineering Department. No
significant impacts to water resources have been identified and no mitigation measures are required.
e) Create a substantial increase in stationary or non-
stationary sources of air emissions or the
deterioration of ambient air quality?
Comments:
The San Diego County Air Pollution Control District is attainment for all air emissions. The site is zoned
and general planned for industrial development. Therefore, no significant air quality impacts not
previously analyzed would result from this project.
Mitigation: None
V, AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an
existing or projected air quality violation?
b) Expose sensitive receptors to pollutants?
c) Alter air movement, moisture, or temperature, or
cause any change in climate, either locally or
regionally?
d) Create objectionable odors?
o
o
o
181
o
o
o
181
o
o
o
181
o
o
o
181
o
o
o
181
Mitigation: None
VI. TRANSPORT A TION/CIRCULA TION. Would the
proposal result in:
a) Increased vehicle trips or traffic congestion? 0 0 0 181
b) Hazards to safety from design features (e.g., sharp 0 0 0 181
curves or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
c) Inadequate emergency access or access to nearby 0 0 0 181
uses?
d) Insufficient parking capacity on-site or off-site? 0 0 0 181
e) Hazards or barriers for pedestrians or bicyclists? 0 0 0 181
t) Conflicts with adopted policies supporting 0 0 0 181
alternative transportation (e.g. bus turnouts,
bicycle racks)?
g) Rail, waterborne or air traffic impacts? 0 0 0 181
h) A "large project" under the Congestion 0 0 0 181
Management Program? (An equivalent of 2400 or 4-'-1 (
more average daily vehicle trips or 200 or more
peak-hour vehicle trips.)
4 10/7/02
Potentially
Signlr\c2;nt
Impact
. Potentially
Signlfkant
Unless
Mitigated
Lessth.an
S~mcaDt
Impact
No
Impa"
Comments:
The site has direct access to Main Street a designated four lane major arterial. No additional roadway.
facilities are required to serve the site. Short-term effects would consist of construction trucks. Long-term
effects would consist of 1,422 trips per day. On-site parking will be provided in accordance with the
requirements of the City's Zoning Ordinance. The Level of Service on Main Street will remain L,O,S
U A ". No traffic mitigation is required to reduce traffic impacts that may result from project
implementation.
Mitigation: None
VII. BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
a) Endangered, sensitive species, species of concern 0 I1l 0 0
or species that are candidates for listing?
b) Locally designated species (e.g., heritage trees)? 0 0 0 I1l
c) Locally designated natural communities (e.g., oak 0 I1l 0 0
forest, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 I1l
pool)?
e) Wildlife dispersal or migration corridors? 0 0 0 I1l
t) Affect regional habitat preservation planning 0 0 0 I1l
efforts?
Comments:
The proposed project design will have limited impacts to previously disturbed lands with minimal wildlife
value, as confirmed by a recent biological study. Merkel & Associates, Inc. completed a biological survey
of the project site on February 27, 2002. Additional information was prepared in response to City of
Chula Vista staff comments. Essentially, no wetland impacts are proposed for this project. There are
three discrete patches of sage scrub, totaling not more than 400 square feet (<0.01 acre) that may be
impacted. These small clusters of sage scrub are significantly separated from more substantial tracts of
sage scrub in the Otay River floodplain to the south, and do not retain any significant habitat value.
This very limited impact ofless than 0.01 acre should not require separate NCCP 4(d) permitting for sage
scrub take. This should meet de minimis minimum impact acreage requirements. This limited sage scrub
impact will, however, require mitigation with the City of Chula Vista. To compensate for this limited loss
(0.01 acres) of sage scrub, approximately 0.04 acres of sage scrub located in the extreme southeastern
corner of the site is proposed to be placed in dedicated biological open space. As this cluster of sage scrub
is adjacent to protected high quality sage scrub within the proposed Otay Valley Regional Park, and is
designated as "75% Preserve Area" in the draft Subarea Plan, suitable appropriate on-site mitigation is
present.
Pursuant to the Draft MSCP Chula Vista Subarea Plan (2000), the project site clearly does not lie within
areas designated as 100% Habitat Preserve. Portions of the floodplain of the Otay River within the
proposed Otay Valley Regional Park are designated as 75 % Preserve. Utilizing south of Alvoca Street as
the boundary for this, results in a very small portion of the site being located within the floodplain. The
applicant does not propose development for this area. The project development will therefore be situated
in close proximity, but not within the 75% Preserve area. As a result, the project will be subject to
Adjacency Guidelines. 4-'1 'Z-
5
10/7/02
Polentially
Potentially Significant Less lhan
Signifant Unless SignlrlCllDI No
Impact Mitigated Impact Impact
The Chula Vista Adjacency Guidelines for the Subarea Plan are divided into Priority I and Priority 2
categories. Where applicable, all new development is required to adhere to guidelines that deal with on-
site drainage, toxic substances lighting, noise, invasives, buffers and dissemination of educational
information to residents and landowners adjacent to Preserves to heighten environmental awareness. The
proposed project can readily meet the City of Chula Vista adjacency guidelines. It can do so by complying
with the following measures:
Mitigation:
Prior to issuance of grading permit or final map, the applicant shall do as follows:
1.) The embankment immediately south of the development zone (an existing fence on the north side
already defines this boundary) if planted, shall only be planted in native sage scrub plant species
indigenous to the adjacent Otay River floodplain.
2.) The adjacent floodplain area immediately southward of this embankment shall be placed into
dedicated biological open space.
3.) Project lighting shall not be directed southward into this biological open space habitat.
4.) Hardscape rainfall run-off shall be designed to meet Regional Water Quality Control Board
(RWQCB) and National Pollution Discharge & Elimination System (NPDES) standards.
5.) Projecfconstruction noise standards shall comply with Item d. (Noise), Priority 1, Draft adjacency
guidelines for the Subarea Plan.
6.) Obtain a Habitat Loss Incidental Take (HILT) permit from the City ofChula Vista for the Diegan
coastal sage scrub. The HILT will require that the loss of Diegan coastal sage scrub be mitigated
at a 1: I ratio (0.01 acres) inside the Multiple Species Conservation Program (MSCP) Preserve or
at a 1.5: 1 (0.02 acres) ratio outside the MSCP Preserve; or
7.) Obtain "take" authorization for the Diegan coastal sage scrub from the U.S. Fish and Wildlife
Service and the California Deparunent of Fish and Game through a Section 10 (a) or other
appropriate permitting process.
No additional significant indirect biological impacts are expected as a result of project implementation.
VIII. ENERGY AND MINERAL RESOURCES. Would
the proposal:
a) Conflict with adopted energy conservation plans? 0 0 0 Iil
b) Use non-renewable resources in a wasteful and 0 0 0 Iil
inefficient manner?
c) If the site is designated for mineral resource 0 0 0 Iil
protection, will this project impact this protection?
Comments: .
The electrical power requirement of the proposed industrial project will be consistent with energy
conservation requirements of the Uniform Building Code. The site does not contain any known mineral
resources. No significant impacts would occur.
Mitigation: None
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of 0 0
hazardous substances (including, but not limited to: 4 4.
petroleum products, pesticides, chemicals or - 3
radiation)?
o
Iil
6
10/7/02
Potentially
PottDtlally SignifiCllDI LtssthAn
SigDirK2Dt Unless Signif)CJlDI No
Impact Mitigated Impact lmput
b) Possible interference with an emergency response 0 0 0 III
plan or emergency evacuation plan?
c) The creation of any health hazard or potential 0 0 0 I8l
health hazard?
d) Exposure of people to existing sources of potential 0 0 0 III
health hazards?
e) Increased fire hazard in areas with flammable 0 0 0 I8l
brush, grass, or trees?
Comments:
Main Street is identified as an Evacuation Route in the City's General Plan (p.8-6). The proposal
involving warehouse and industrial uses would not result in a significant impact to the City's emergency
response plan or emergency evacuation plan due to the relatively low number of employees.
A Hazardous Materials Business Plan would be prepared if required in accord with the standard
requirements of the County Department of Environmental Health. The Business Plan would identify
emergency response coordination with the City's emergency responders and if any hazardous materials
would be used in any of the industrial buildings, emergency drills, and associated training would also be
included. If hazardous materials would be used in the proposed industrial buildings then, the applicants
would be required by existing law involving the California Accidental Release Program (CalARP) as
administered by the County of San Diego, Department of Environmental Health, Hazardous Materials
Division to prepare a Risk Management Plan (RMP) that identifies safety procedures, accident prevention,
analysis of external events, and emergency response procedures. The RMP would identify the potential
effects of accidental releases and design features to minimize risk.
The proposed development would not interfere with emergency response or evacuation plans. Flammable
brush, grass, and trees are not present on-site or on the adjacent properties. The project would not result
in a significant fire hazard. The proposed project would not result in potential significant impacts to
emergency response or evacuation plans.
Mitigation: None.
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels?
b) Exposure of people to severe noise levels?
o
o
o
III
o
o
I8l
o
Comments:
The project site is surrounded by industrial uses to the east and residential uses to the west and north
across Main Street. The adjacent area to the south is designated as "open space/habitat preserve." The
City of Chula Vista Draft MSCP Subarea Plan indicates that excessively noisy uses or activities adjacent
to breeding areas, including temporary grading activities, must incorporate noise reduction measures or
be reduced during the breeding season of sensitive bird species. The applicable noise standards are:
The City ofChula Vista Municipal Code (Sec. 19.68.030) noise standard for light industrial land use
areas is 70dB during the hours of7:00 a.m. and 10:00 p.m. on weekdays (8:00a.m. to 10:00 p.m. on
weekends) and 70 dB during the hours of 10:00 p.m. and 7:00a.m. on weekdays (10:00 p.m. to
8:00a.m. weekends). 4 - c..fc.f
7
10/7/02
PotentiJIlly
Potentially Significant Less than
Sipllkant Vnn SignlftCllnt No
Impact Mitigated Impact Impact
The City of Chula Vista Municipal Code (Sec. 19.68.030) noise standard for residential land use
areas is 55 dB during the hours of7:ooa.m. and 10:00 p.m. on weekdays (8:00 a.m. to 10:00 p.m.
on weekends) and 45 dB during the hours of 10:00 p.m. and 7:00a.m. on weekdays (10:00 p.m. to
8:00 a.m. on weekends).
The City of Chula Vista Draft MSCP Subarea Plan states that, "Construction noise within 500 feet of
an occupied nest for the coastal California gnatcatcher, least Bell's vireo and raptors should not
exceed 60 dB during the following periods: February 15 through August IS for the coastal Califomia
gnatcatcher, March 1 through September15 for the least Bell's vireo, and December 1 through June
31 for raptors. If grading activities are proposed within 500 feet of an occupied nest identified in a
pre-construction survey during the applicable breeding season(s), noise reduction techniques, such as
temporary noise walls or berms, shall be incorporated into the construction plans to reduce noise
levels below 60 dB Leq. Outside the bird breeding season(s), no restrictions shall be placed on
temporary construction noise.
Noise sources associated with the proposed project can be identified within four categories: (I)
construction noise; (2) mobile noise sources, generally consisting of noise from cars and trucks; (3)
stationary mechanical equipment and (4) limited industrial land use operations. The Chula Vista Municipal
Code exempts construction and demolition activities from its exterior noise level limitations. However,
construction activities on early Saturday or Sunday morning or nighttime would be considered intrusive.
Noise from construction activities will usually exceed typical background noise levels but will generally be
for a short term and will generally occur during daytime hours on weekdays. Mobile noise sources after
construction is completed will consist of operations, maintenance and employee vehicles that will
contribute to the overall noise levels in the area.
A Noise Impact Analysis was prepared on July 10, 2002 for the proposed project by Douglas Eilar &
Associates. The noise report indicates that vehicles traveling at 25 miles per hour on the project driveway
during the nighttime hours will create an hourly noise level of 40.3 dBA Leq at a location about 50 feet
south of Main Street and 50 feet west of the driveway, and 40.2 dBA Leq at a location 150 feet south of
Main Street and 50 feet west of the driveway. Project related vehicle noise levels will decrease as the
distance from Main Street vehicle noise increases.
A comparative analysis between the expected vehicle noise levels with the current Main Street vehicle
noise levels shows that the project driveway noise will be significantly less than current Main Street traffic
noise. Additionally, the report indicates that the construction of the proposed project buildings will
provide noise shielding for the adjacent residences from the Main Street roadway noise.
Stationary Air Conditioning Equipment
Rooftop-mounted equipment will include building air conditioner (A/C) units, with rooftop-mounted
condensers. The unshielded noise level at 70 feet from a rooftop-mounted A/C unit is 51.8 dBA Leq; the
noise level at 70 feet is reduced to 26.7 dBA Leq if a parapet wall equal in height to the top of the A/C
unit shields the unit. Four shielded A/C units, operating simultaneously, would produce a noise level of
32.7 dBA Leq.
-
Delivery Freight Trucks 4- _ t1 ':::>
Typical exhaust noise from a modem delivery/freight truck engine at full operating RPM, under load and
with a good exhaust system is less than 70 dBA Leq at 50 feet. The height of the exhaust noise source
ranges from less than 3 feet to 10 feet for tractor-trailer trucks. The proposed loading/unloading areas
neares.! to the residential neighborhoods are approximately 210 feet from the closest residential property
line. The loading/unloading areas will be blocked from direct line-of-sight to the residences by the
industrial structures, thus providing a minimum of 20 dBA noise reduction.
s 10/7/02
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigated
Le:sslbaD
S'lgJlificaDt
Impact
No
Impact
Stationary Mechanical Equipment
The project proponent has identified no specific mechanical equipment at this time.
All roof-mounted exterior air conditioner system components shall be shielded behind a parapet wall equal
in height to the top of the tallest A/C unit.
Public Address System
To avoid noise impacts to neighbors, no outdoor public address (PA) systems shall be permitted.
Based on the Noise Study, no catering vehicles would therefore be allowed on the western side of the
proposed buildings.
Noise control may be required for the California Gnatcatcher's nesting season, from March lto August
15, and for other riparian songbird species from February 15 to August 15. Any construction occurring
during these periods may require noise monitoring and possible noise control measures.
Catering/Mobile Lunch Vehicles
Catering vehicles (lunch trucks) tend to frequent industrial and commercial sites, and may return several
times a day at times set aside for breaks and lunch. The vehicles normally sound a horn or identifying
signal to announce their arrival. The City of Chula Vista Noise Ordinance does not specifically control
these signaling devices; however, the typical maximum allowable sound level for signaling devices is 90
dBA at 50 feet, for a maximum duration of 10 seconds.
If allowed on the eastern side only, the proposed buildings would act as a noise buffer to the noise
produced by these vehicles and thus provide a 20-dBA noise reduction.
With implementation of the recommended noise mitigation, including the parapet wall enclosures for the
roof-top A/C systems, noise from all sources associated with the project can be controlled to levels in
compliance with the nighttime noise limits mandated by the City of Chula Vista, and will have no
significant adverse impact on the surrounding environment. The sensitive receptors in the vicinity of the
project are the nearby homes/apartments. The 44.1-dBA Leq mitigated sum of the proposed project-
related noise is expected to be less than the current or expected ambient traffic noise levels at the
residential property line. Additionally, the proposed project buildings will provide the adjacent residential
area with noise shielding from the current and future traffic noise from Main Street, thus providing an
overall net decrease in ambient noise levels.
Mitigation:
Noise control measures are required as follows:
I.) All roof-mounted exterior air conditioner system components or any noise generating equipment
shall be shielded behind a parapet wall equal in height to the top of the tallest A/C or similar
equipment unit.
2.) To avoid noise impacts to neighbors, no outdoor public address (PA) system shall be permitted.
3.) No catering vehicles shall be allowed on the western side of the proposed building.
4.) Noise testing shall be accomplished for activities/operations (indoor & outdoor including trucking
operations) associated with all proposed buildings in order to assess that the project site
development is in compliance with local municipal regulations related to noise. If testing indicates
noncompliance, sound attenuation measures shall be incorporated by the applicant/property owner
as recommended by the noise report to bring th~"4tt:,/operation into compliance_
9 10/7/02
PoteDtially
Potentially SignllkaDt Less thaD
SignIncant Uaiest SignUteanl No
Impact Mitigated Impact Impact
5.) Noise control measures for both short term (construction) and long term impacts will be required
for the California Gnatcatcher's nesting season and for other riparian songbird species from
February 15 to August 15. Building "C" is located approximately 260 feet from the southerly
property line which is the area closest to the Otay River area. If noise testing accomplished in
particular for activities/operations (indoors & outdoors including trucking operations) associated
with building "C" which is closest to the Otay River area assess that the project site development
is not in compliance with local, state and federal regulations related to noise, the project shall
implement noise attenuation measures as recommended by the noise report that being the project
into compliance.
XI. PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection? 0 0 0 IIil
b) Police protection? 0 0 0 IIil
c) Schools? 0 0 0 IIil
d) Maintenance of public facilities, including roads? 0 0 0 IIil
e) Other governmental services? 0 0 0 IIil
Comments:
No new or altered governmental services will be required to serve the project. Fire and police protection
can be adequately provided to the site.
Mitigation: None
XII. Thresholds. Will the proposal adversely impact the
City's Threshold Standards?
As described below, the proposed project does not significantly impact any of the seven. Threshold
Standards.
o
o
o
IIil
a) Fire/EMS 0 0 0 IIil
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 one mile away and would be associated with a two -minute response
time.
Comments:
The Fire/EMS threshold would be met as reported by the Fire Department.
Mitigation: None
. b) Police
o
o
o
IIil
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 tq~ ~~ty 2 calls of 7 minutes or less.
10 10/7/02
PotectbUy
Significant
Im.."
PotenCiaUy
Sign!ncant
Unll!S.'l
Mitigated
Less tban
Signlftcant
Impact
No
Impact
Comments:
The Police Threshold would be met as reported by the Police Department.
Mitigation: None
c) Traffic
o
o
o
181
1. City-wide: Maintain LOS "CO or beller 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 of 1-805: Those signalized intersections which do not meet the standard above may
continue to operate at their current 1991 LOS, but shall not worsen.
Comments: The Traffic threshold would be met because the project would result in only I ,422 trips
per day. Main Street, a four-lane major would remain at a Level of Service" A" after
completion of the project.
Mitigation: None
d) Parks/Recreation
o
o
o
181
The Threshold Standard for Parks and Recreation is 3-acres/l ,000 population east ofI-805.
The proposed industrial project would be exempt from this Threshold Standard.
Comments:
No additional park and recreation facilities would be required by the construction of an industrial facility.
Mitigation: None
e) Drainage
o
o
o
181
The Threshold Standards require that storm water flows and volumes not exceed
City Engineering Standards. Individual projects will provide necessary
improvements consistent with the Drainage Master Plan(s) and City Engineering
Standards.
Comments: The Engineering Deparunent indicates that a drainage study will be required to demonstrate
the amount of flows contributed by this project and the adequacy of the facilities to handle
these flow. No conflict with the City's Drainage Threshold is anticipated. No mitigation
is required.
Mitigation: None
f) Sewer
o
o
o
181
The Threshold Standards require that sewage flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with Sewer Master Planes) and City Engineering Standards.
Comments:
There are two existing parallel sewer lines bisecting the site; a 15" City of Chula Vista sewer and a 27"
City of San Diego sewer line. As a standard measure, the city will require from the owner calculations
proving the proposed fill and live loads will not harm the existing 15" sewer. The City will also require
televising the sewer line before and after the construction '2f~o"tf7fdamage has occurred. The owner
11 10/7/02
Potentially
Potentially Significant Uss than
Significant Unless SigniflCllnt No
Impact Mitigated Impact Impact
will also be required to contact the City of San Diego Metropolitan Wastewater Department in order to
inform them of the proposed type of construction activities to take place over the sewer main and comply
with their request for project information. No conflict with the City's threshold is anticipated. No
mitigation is required.
Mitigation: None
g) Water
o
o
o
II!I
The Threshold Standards require that adequate storage, treatment, and transmission facilities
are constructed concurrently with planned growth and those water quality standards are not
jeopardized during growth and construction.
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:
Water service is required for the proposed project. The Sweetwater Authority indicates that there is an
existing eight-inch main located on the north side of Main Street. This water agency also indicates that
their records indicate that there are two water services to this parcel fed from the eight-inch water main in
Teena A venue to the west. The owner will need to submit a letter to the Authority from the Chula Vista
Fire Department stating fire flow requirements and enter into an agreement for water facility service. No
conflict with the City's threshold is anticipated. No mitigation is required.
Mitigation: None
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 II!I
b) Communications systems? 0 0 0 II!I
c) Local or regional water treatment or distribution 0 0 0 II!I
facilities?
d) Sewer or septic tanks? 0 0 0 II!I
e) Storm water drainage? 0 0 0 II!I
t) Solid waste disposal? 0 0 0 II!I
Comments:
Underground electrical and telephone services would be extended to the site from the nearest available
power supply. The extension of services would not require new systems to be installed, or alterations of
existing utilities.
Mitigation: None
XIV. AESTHETICS. Would the proposal:
a) Obstruct any scenic vista or view open to the
public or will the proposal result in the creation of
an aesthetically offensive site open to public view?
b) Cause the destruction or modification of a scenic
12
o
II!I
o
o
4-41
o
o
o
II!I
10/7/02
rou te?
c) Have a demonstrable negative aesthetic effect?
d) Create added light or glare sources that could
increase the level of sky glow in an area or cause
this project to fail to comply with Section
19.66. 100 of the Chula Vista Municipal Code,
Title 19?
e) Reduce an additional amount of spill light?
Potentially
PotentiaU,. Significant Less than
Significant Unless SignlrlaDI No
imp''' Mitigated Impact Impact
0 III 0 0
0 0 0 III
o
o
III
o
Comments:
The proposed project will not obstruct any scenic vista or view open to the public because the project is
not located on a scenic route. However, the project may result in an aesthetically offensive site open to
public view unless mitigated. The subject site is not located at a higher elevation and would only be
visible from Main Street and the adjacent residential neighborhood located to the north and west. A chain
link fence currently surrounds the subject site.
Mitigation:
I. The roof equipment shall be screened as conceptually shown on the site plan and is subject to review
and approval by the Planning & Environmental Services Manager prior to the commencement of
construction.
2. A landscape plan approved by a qualified biologist shall be submitted to the City of Chula Vista for
approval prior to the commencement of construction. The plan shall include non-invasive vegetation
that:
Does not require permanent irrigation; and
Is compatible with the coastal sage scrub habitat south of the development area.
3. Project proponent shall install landscaping prior to the completion of construction in accordance with
approved landscape plans.
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 that 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?
13
o
o
o
III
o
o
o
III
o
o
III
o
o
o
III
o
o
t./ - SO
o
III
o
10/7/02
Potentially
SlgnirJCallt
Impact
PoleRlblDy
Signlncant
Unless
Mitigated
Less than
Si!;DlficaQt
ImpKl
No
Impact
Comments:
There would be no significant impacts because there are no known cultural resources in the project area.
Mitigation: None
XVI. PALEONTOLOGICAL RESOURCES. Will the
proposal result in the alteration of or the destruction of
paleontological resources?
Comments:
There are no known paleontological resources on the site or in the adjacent area. Minimal grading is
required and no significant impacts to paleontological resources are anticipated.
o
o
o
I!I
Mitigation: None
XVII. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or regional 0 0 0 I!I
parks or other recreational facilities?
b) A ffect existing recreational opportUnities? 0 0 0 I!I
c) Interfere with recreation parks & recreation plans 0 0 0 I!I
or programs?
Comments:
The construction of industrial buildings will not result in an increased demand for recreational facilities.
Mitigation: None
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE:
See Negative Declaration for mandatory findings of
significance. If an EIR is needed. this section should
be completed.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community. reduce the number or restrict the
range of a rare or endangered plant or animal or
eliminate important examples of the major periods
or California history or prehistory?
Comments:
As discussed in Section VII, Biological Resources, the proposed project would result in the removal of
approximately 0.0 i-acre (400 square feet.) of coastal sage scrub (CSS) a vegetation community considered
sensitive by the U.S. Fish and Wildlife Service (USFWS) and the Califomia Department ofFish and Game
(CDFG).
o
o
o
I!I
~-s(
14
10/7/02
Pot~DtiaUy
SignlfKllDl
Impact
Potentially
Significant
Unless
Mitigated
No
Impact
Less than
Slp.irleanl
Impact
Mitigation: Same mitigation identified in Section VII, Biological Resources.
b) Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals?
o
o
o
IIlI
Comments:
Constructing light industrial buildings would not significantly affect the long-term environmental goals of
the City of Chula Vista.
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 projects, and
the.effects of probable future projects.)
Comments:
The construction of the proposed industrial buildings with the addition of roof or ground equipment would
be noticeable from residences located on Ancurza Way and Alvoca Way. However, the applicant has
designed the facility to minimize aesthetic impacts to a level below significance.
d) Does the project have environmental effects that
will cause substantial adverse effects on human
beings, either directly or indirectly?
Comments:
No significant effects on human beings would result from the construction of light industrial b~ildings.
Mitigation: Same mitigation identified in Section XIV, Aesthetics
o
o
o
IIlI
o
o
o
IIlI
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:
BIOLOGICAL RESOURCES
Prior to issuance of a grading permit or final map, the applicant shall:
I.) The embankment immediately south of the development zone (an existing fence on the north side
already defines this boundary) if planted, shall only be planted in native sage scrub plant species
indigenous to the adjacent Otay River floodplain.
2.) The adjacent floodplain area immediately southward of this embankment shall be placed into
dedicated biological open space.
3.) Project lighting shall not be directed southward into this biological open space habitat.
4.) Hardscape rainfall run-off shall be designed to meet Regional Water Quality Control Board
(RWQCB) and National Pollution Discharge & Elimination System (NPDES) standards. .
5.) Project construction noise standards shall comply witlJ Item d. (Noise), Priority I, Draft adjacency
guidelines for the Subarea Plan. 'i - :S' :J-.
1.5
1.0/7/02
6.) Obtain a Habitat Loss Incidental Take (HILT) permit from the City of Chula Vista for the Diegan
coastal sage scrub. The HILT will require that the loss of Diegan coastal sage scrub be mitigated
at a 1: I ratio (0.01 acres) inside the Multiple Species Conservation Program (MSCP) Preserve or
at a \.5: I (0.02 acres) ratio outside the MSCP Preserve; or
7.) Obtain "take" authorization for the Diegan coastal sage scrub from the U.S. Fish and Wildlife
Service and the California Department of Fish and Game through a Section 10 (a) or other
appropriate permitting process.
NOISE
Noise control measures are required as follows:
\.) All roof-mounted exterior air conditioner system components or any noise generating equipment
shall be shielded behind a parapet wall equal in height to the top of the tallest A/C or similar
equipment unit.
2.) To avoid noise impacts to neighbors, no outdoor public address (PA) system shall be permitted.
3.) No catering vehicles shall be allowed on the western side of the proposed building.
4.) Noise testing shall be accomplished for activities/operations (indoor & outdoor including trucking
operations) associated with all proposed buildings in order to assess that the project site
development is in compliance with local municipal regulations related to noise. If testing indicates
noncompliance, sound attenuation measures shall be incorporated by the applicant/property owner
as recommended by the noise report to bring the activities/operation into compliance.
5.) Noise control measures for both short term (construction) and long term impacts will be required
for the California Gnatcatcher's nesting season for other riparian songbird species from February
15 to August 15. Building "C" is located approximately 260 feet from the southerly property line,
which is the area closest to the Otay River area. If noise testing accomplished in particular for
activities/operations (indoors & outdoors including trucking operations) associated with building
"C" which is closest to the Otay River area assess that the project site development is not in
compliance with local, state and federal regulations related to noise, the project shall implement
noise attenuation measures as recommended by the noise report that bring the project into
compliance.
AESTHETIC IMPACTS
I. The equipment pad shall be recessed into the slope as conceptually shown on the site plan and is subject
to review and approval by the Planning and Environmental Services Manager prior to the
commencement of construction.
2. A landscape plan approved by a qualified biologist shall be submitted to the City of Chula Vista for
approval prior to the commencement of construction. The plan shall include non-invasive vegetation
that:
Will screen the irrigation equipment pad from the adjacent residences west of the site;
Does not require permanent irrigation; and
Is compatible with the coastal sage scrub habitat south of the development site.
3. Project proponent shall install landscaping prior to the completion of construction in accordance with
approved landscape plan.
4-53
16
10/7/02
XX, AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant(s) and/or OperalOr(s) stipulate that they have each
read, understood and have their respective company's authority to and do agree to the mitigation measures
contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator.
Failure to sign the line(s) provided below prior to posting of this [Mitigated] Negative Declaratip-6XDeclarationth the
County Clerk shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance
without approval and that Applicant(s) and/or Operator(s) shall apply for an Environmental Impact Report.
Printed Name and Title of Authorized Representative of
[Property Owner's Name]
5f:Ff WfJ JU"i-
Signature of Authorized Representative of
[Property Owner's Name]
Date
Io--C't-O'L-
Printed Name and Title of
[0 or if different from Property Owner]
I t(M---
Signa re of Authorized Representative of
[Opera or if different from Property Owner]
Date
\ ~ -lX\- 02--
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as
indicated by the checklist on the following pages.
0 Land Use and Planning o Transportation/Circulation 0 Public Services
0 Population and Housing . Biological Resources 0 Utilities and Service Systems
0 Geophysical 0 Energy and Mineral Resources . Aesthetics
o Water 0 Hazards 0 Cultural Resources
0 Air Quality . Noise 0 Recreation
0 Paleontology 0 Mandatory Findings of Signif.
4 - ~-tf
17
10/7/02
XXII. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on th~ environment, 0
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, ·
there will not be a significant effect in this case because the mitigation measures described
on an attached sheet have been added to the project. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MA Y have a significant effect on the environment, and an 0
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at 0
least one effect: I) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the
earlier analysis as described on attached sheets, if the effect is a "potentially significant
impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
there WILL NOT be a significant effect in this case because all potentially significant effects 0
(a) have been analyzed adequately in an earlier EIR pursuant to applicable 'standards and (b)
have been avoided or mitigated pursuant to that earlier EIR, including revisions or
mitigation measures that are imposed upon the proposed project. An addendum has been
prepared to provide a record of this determination.
~~~
Sig ature /
Date
\ 0 ~oLj-O"2..
Brian Hunter
Planning & Environmental Services Manager
City of Chu]a Vista Community Development Department
, I -S-
-,-~
18
10/7/02
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. .-
ATTACHMENT 2
MINUTES OF A REGULAR MEETING OF THE
DESIGN REVIEW COMMITTEE
CHULA VISTA, CALIFORNIA
Monda November 4 2002
4:30 p.m.
Council Chambers
Public Service Buildin
276 Fourth Avenue, Chula Vista
A. PRESENT:
Chair Peter Morlon, Members Patricia Aguilar, Jose
Alberdi and Cheryl Mestler
ABSENT:
Alfredo Araiza (Excused)
STAFF PRESENT:
John Schmitz, Principal Planner
Richard Whipple, III, Associate Planner
Miguel Tapia, Sr. Community Development Specialist
Garry Williams, Landscape Planner
Ann Pease, Associate Planner
Stan Donn, Associate Planner
Luis Hernandez, Principal Planner
Rick Rosaler, Principal Planner
Brian Hunter, Planning & Environmental Manager
Andy Campbell,
Doug Perry, Fire Capitan
OTHERS PRESENT:
Scott Cairns, Smith Consulting Architects
Dennis Otsuji, ONA Inc.
Jeff Wissler, McMahon Development Group
Ken Smith, Architect
Jeff Katz, Architect
B. INTRODUCTORY REMARKS: Read into the record by Chair Morlon
C. APPROVAL OF MINUTES: August 5,2002, August 19, 2002, September 23,2002,
October 7, 2002 and October 21, 2002
MSC (Aguilar/Alberdi) (3-0-1-1) to approve the minutes of August 19, 2002 with
modification. Motion carried with Chair Morlan abstaining.
MSC (Alberdi/Mestler) (3-0-1-1) to approve the minutes of September 23, 2002.
Motion carried with Member Aguilar abstaining.
MSC (Morlan/Aguilar) (4-0-0-1) to approve the minutes of October 21,2002. Motion
carried.
The minutes for August 5, 2002, and October 7, 2002 were continued for lack of
quorum from those meetings.
4-6. I
Design Review Committee
Minutes
-2
November 4, 2002
D. ORAL COMMUNICATIONS: None
E. ACTION ITEMS:
1. DRC-03-04
[Pt': C
r
Construction of an industrial complex consistinQ of
three office manufacturinQ warehousinQ buildinQs
which make UP approximately 153,000 sq. ft. of space.
Other improvements to the site include the associated
parkinQ lots, landscaped areas, zoninQ walls, and
10adinQ decks.
porate Center is proposed to be
Street, which is a vacant parcel
Main Street between Third Avenue
ithin the Southwest Redevelopment
Staff Presentation:
Mr. Brian Hunter, Planning & Environmental Manager gave a brief presentation. The
project was located at 3441 Main Street in the southern portion of the City of Chula Vista
on a 1O.45-acre parcel in the Southwest Redevelopment area and the Montgomery
Specific Plan. The property is rectangular in shape and bounded on three sides by
currently developed property, including single-family residential uses to the west and
across Main Street. The southern property line borders the flood fringe of the Otay River.
An auto dismantler operation and a Peak Load Power Plant occupy the property to the
east.
Mr. Hunter stated the proposed project consists of construction of an industrial complex
composed of three buildings. These buildings are to provide office, manufacturing, and
warehouse facilities for future tenants.
The proposal requests deviations as provided for through the precise plan to allow the
building height to exceed 28 feet. The height and setbacks for the three buildings are as
follows: Building A: 30 -ft., 79-ft. setback, Building B: 32-ft., 90-ft. setback, Building C:
38-ft., 80-ft. setback. The Montgomery Specific Plan allows a 45-foot height limit and
requires a 50-ft. setback when adjacent to residential properties. The proposed buildings
meet the requirements of the Montgomery Specific Plan.
Mr. Hunter stated that in the staff report under "Site Plan and Parking" where it referred to
a noise wall required on the south side of the project, this statement was not an accurate
one. Mr. Hunter explained that they would not know if a noise wall was actually required
until a noise study was taken after the project had been built. At that time, a determination
would be made on whether the noise would be at a level that needed to be mitigated.
Mr. Hunter also commented that the City's Landscape Planner, Mr. Garry Williams had
reviewed the conceptual landscape plan. Mr. Williams had recommended that the plans
be revised to include the following: add additional planter formation or layering of plants
within the screening parking lots planting area along Main Street, provide accent trees at
both driveway entrances, and that the landscape and irrigation plans include a water
management plan. Mr. Hunter stated that the landscape plans would be revised to that
effect and would be resubmitted for review and approval.
J:\HOMEIPLANN ING\ROSEMARIE\ORCIMIN11-Q4-02
4-'2-
Design Review Committee
Minutes
-3
November 4, 2002
STAFF RECOMMENDATION:
Staff recommends that the Design Review Committee find that the Precise Plan is
substantially consistent with the Design Manual and the Montgomery Specific Plan, and
recommend approval of thrPJrJtirN Planning Commission and the
Redevelopment Agency in a U @ i 2 r lution.
COMMITTEE DISCUSSION'
Member Aguilar had concerns about the trees along the west side of the project. She did
not know if the proposed trees the Brisbane Box and Carrotwood would adequately screen
the residential neighborhood to the west. Member Aguilar asked staff to describe the
trees.
Mr. Hunter responded that there would be a berm along the residential property, which
would vary in height, and there would be a six-foot sound wall on top of the berm with a
combination of trees and landscape along that area. He described the trees as being a
round canopy type of tree that was typically of medium height 15 to 20 ft. tall. Mr. Hunter
further stated that Mr. Williams had already reviewed the landscape plans and had only
requested that additional trees be added in the front along Main Street. However, Mr.
Hunter stated he would have Mr. Williams look at the landscape plans again to see if
additional screening was needed along that area.
Chair Morlon asked if the revised landscape plan could be brought back to the Committee
for their final review and approval.
Mr. Hunter responded that it would not be a problem and would do so once the revisions
have been made.
Chair Morlon made a motion to approve the project.
MSC (Morlon/Aguilar) (4-0-0-1) to approve DRC-03-04 with the conditions as stated
in the staff report with the exception of the conceptual landscape plan, which will be
revised and resubmitted for review and approval by the Design Review Committee.
Concerning the noise wall on the south side of the property, if the noise study
concludes that a noise wall is needed the applicant will be required to construct one
to meet the City's noise ordinance and the draft Multiple Species Conservation Plan.
Motion carried.
J:IHOMEIPLANNINGIROSEMARIEIORCIMIN 11-04-02
~-'3
RCC Minutes
- 2-
October 14. 2002
convenience store, 2-bay lube facility and car detailing shade structure. Staff identified and
reviewed certain environmental effects: circulation/transportation, water/drainage, air quality,
geophysical, noise and hazards. A traffic study was prepared for the proposed project in
order to assess the potential impacts to the surrounding street network and to determine the
adequacy of on-site circulation for emergency vehicles and truck deliveries. Ms. Muett
summarized the results of the traffic study.
Chair Thomas asked if public noticing included schools and business owners that may not
own the property. Ms. ponseggi stated that the notices are sent out to the registered owner
according to the County Assessors record.
Commissioner Bensoussan was concerned about ingress/egress since the project site is so
close to Bonita Vista Junior High School. Ms. Muett stated that the traffic study indicated
traffic levels would stay wilhin the City's threshold. The peak hours at the school were
analyzed.
Commissioner Jasek felt the applicant did a very good job. They have provided for the
relieving of a lot of congestion.
Chair Thomas stated that she did not feel comfortable with the traffic study data because it
was taken on August 5th when the schools are not functioning at their normal levels. Ms.
Ponseggi indicated that the traffic study is dated August 5th, but that is not the date that the
modeling was done. The models are done based on when schools are in session. The date
on the traffic study is the date it was finished, not when it was started.
Chair Thomas stated that she did not think the building next door to the project had a
sprinkler system, which would be an extra hazard with hazardous, flammable materials in
the area. Mr. Lou Brito (Aqua Clean Carwash) stated that there is nothing in the carwash
facility that is hazardous or flammabie. The only thing that would be of any significance is
motor oil, and that is contained in a double steel tank. There is a water reclamation system
that a licensed carrier hauls away at scheduled intervals. Everything is monitored about
every 6 months.
MSC (Diaz/Jasek) to accept the Mitigated Negative Declaration. Vote: (5-0-0-1) with
Reid absent.
2. 15-03-03 - McMahon Development, 3441 Main Street
Mr. Brian Hunter (Planning & Environmental Manager) displayed an aerial photograph of the
area where the proposed project site is located. The site is located south of Main Street,
immediately adjacent to the Alvoca single-family residential neighborhood. It goes from Main
Street down to the river. Unfortunately, the site has been trashed for years. The site does
not have much on it of environmental integrity. It is a previously graded and cleared site.
When the public notice was sent out regarding this project, staff received two positive
comment letters. The project will consist of three buildings that will be used for office,
manufacturing and warehouse facilities. Potential impacts of noise, biological resources and
aesthetics have been mitigated to avoid significant impacts.
MSC (Jasek/Chavez) to approve staffs' recommendation. Vote: (5-0-0-1) with Reid
absent.
4-fo4