HomeMy WebLinkAboutRDA Packet 2002/08/06
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CllY OF
CHUIA VISTA
TUESDAY, AUGUST 6,2002 COUNCIL CHAMBERS
4:00 P.M. PUBLIC SERVICES BUILDING
(immediately following the City Council meeting)
JOINT MEETING OF THE
REDEVELOPMENT AGENCY I CITY COUNCIL
OF THE CITY OF CHULA VISTA
CALL TO ORDER
ROLL CALL
Agency/Council Members Davis, Padilla, Rindone, Salas; Chair/Mayor Horton
CONSENT CALENDAR
The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted
by the Agency/Council by one motion without discussion unless an Agency/Council member, a member of the
public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items,
please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the
Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed after Action items. Items pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES - July 9, 2002, July 23, 2002
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Redevelopment Agency on any subject matter
within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits
the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish
to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to
the meeting. Those who wish to speak, please give your name and address for record purposes and follow up
action.
PUBLIC HEARING
The following item(s) have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the
Redevelopment Agency or the City Clerk prior to the meeting.
2.a. PUBLIC HEARING: TO CONSIDER A SPECIAL USE PERMIT ISUPS-01-05) TO
ALLOW THE DEVELOPMENT OF A USED-CAR SALES LOT AND A ZONE
VARIANCE FOR 1) THE CONSTRUCTION OF A 420-SQUARE FOOT
BUILDING TO BE LOCATED ON THE REAR PROPERTY LINE, WHERE A 10-
FOOT SET-BACK IS REQUIRED, AND 2) A REDUCTION IN THE LANDSCAPE
SET-BACK TO 10 FEET ALONG THE STREET FRONTAGE ON MAIN AND
SILVAS STREETS, WHERE THE REQUIREMENT IS FOR 15 FEET - The
applicant is proposing to develop the site they own at the northwest corner
of Main Street and Silvas Street. The proposed project is for the
establishment of a used-car sales lot, and includes the construction of a
small office and customer service building, as well as the associated parking
lot, access and circulation, and landscaped areas. The proposed project site
is adjacent to a variety of commercial and industrial uses along Main Street
and Silvas Street. [Community Development Director]
b. RESOLUTION GRANTING A SPECIAL USE PERMIT ISUPS-02-24) FOR THE
ESTABLISHMENT OF A USED-CAR SALES LOT AT 2620 MAIN STREET
AND GRANTING A ZONE VARIANCE FOR 1) THE CONSTRUCTION OF A
420-SQUARE FOOT BUILDING TO BE LOCATED ON THE REAR PROPERTY
LINE, WHERE A 10-FOOT SET-BACK IS REQUIRED, AND 2) A LANDSCAPE
SET-BACK OF 10 FEET IN WIDTH ALONG THE STREET FRONTAGE ON
MAIN AND SILVAS STREETS, WHERE THE REQUIREMENT IS FOR 15 FEET
c. RESOLUTION APPROVING AN OWNER PARTICIPATION AGREEMENT WITH
ERNIE L. AND PATRICIA A. DURAN FOR THE CONSTRUCTION OF A 420-
SQUARE FOOT BUILDING AND ASSOCIATED LANDSCAPE AND PARKING
IMPROVEMENTS AT 2620 MAIN STREET WITHIN THE SOUTHWEST
REDEVELOPMENT PROJECT AREA
STAFF RECOMMENDATION: Agency adopt resolutions.
3. JOINT PUBLIC HEARING TO CONSIDER THE FOURTH AMENDMENT TO
THE SOUTHWEST REDEVELOPMENT PROJECT - The Southwest
Redevelopment Plan was adopted on November 27, 1 990 in order to
improve deteriorated properties in the areas along Main Street, south
Broadway, and south Third Avenue. Since its adoption, the Redevelopment
Plan has permitted the use of eminent domain authority to acquire property
within the Southwest Redevelopment Project Area. Pursuant to the
California Community Redevelopment Law and the Redevelopment Plan, the
Agency's eminent domain authority is restricted to an initial 12-year time
period following the effective date of the ordinance adopting the
Redevelopment Plan. The Redevelopment Plan's eminent domain authority
is scheduled to expire on November 27, 2002. [Community Development
Director]
STAFF RECOMMENDATION: Agency/Council open the public hearing and
receive testimony.
4. DIRECTOR'S REPORTIS)
5. CHAIR/MAYOR REPORTlS)
6. AGENCY/COUNCIL COMMENTS
Redevelopment Agency, August 6, 2002 Page 2
ADJOURNMENT
The meeting will adjourn to the regular meeting of the Redevelopment Agency on
August 20, 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 IGovt. Code § 54957,71
7. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION -- Pursuant to Government Code Section 54956.9(b)
One Case
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complyin9 with the Americans with Disabilities Act (ADA), request individuals who
require special accommodates to access, attend, and/or participate in a City meetin9, 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 (6191
691-5047 or Telecommunications Devices for the Deaf (TDDI at (6191 585-5647, California Relay Service is
also available for the hearing impaired.
Redevelopment Agency, August 6, 2002 Page 3
MINUTES OF ADJOURNED REGULAR MEETINGS OF
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
July 9, 2002 6:00 p.m.
Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of
Chula Vista were called to order at 6:40 p.m. in the Council conference room, located in City
Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Agency/Councihnembers: Davis, Padilla, Rindone, Salas, and
Chair/Mayor Horton
ABSENT: Agency/Councilmembers: None
ALSO PRESENT: Executive Director/City Manager Rowlands, City Attorney
Kaheny, and City Clerk Bigelow
CONSENT CALENDAR
1. APPROVAL OF MINUTES: June 4, 2002
Staff recommendation: Agency approve the minutes.
ACTION: Chair/Mayor Horton moved to approve the minutes and offered the Consent
Calendar, heading read, text waived. Agency/Councihnember Davis seconded the
motion, and it carried 5-0.
ORAL COMMUNICATIONS
There were none.
ACTION ITEMS
2. ORDINANCE NO. 2862, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO MOBILEHOME PARK SPACE RENT REVIEW
On January 15,2002, staff presented to Council a series of amendments to Chapter 9.50
of the City's Municipal Code, the Mobilehome Space Rent Review Ordinance. The
proposed amendments addressed concerns regarding difficulties in implementing and
administering the ordinance, increasing housing costs, general safety and welfare of
residents of mobilehome communities, providing clearer direction and definitions, and
providing consistency with state mobilehome residency law. Testimony of many park
residents supported the major proposed amendments, with the exception of eliminating
vacancy control regulations. Council directed staff to work with representatives of park
residents and park owners on the issue of vacancy control. The proposed amendments to
the ordinance include alternative language to allow for an automatic rent increase upon
change of ownership based upon a fixed percentage or a sliding scale. (Community
Development Director)
1- f
ACTION ITEMS (Continued)
Steve Molski submitted a letter proposing a flat rate. He stated that park tenants should be
protected and that park owners are making enonnous profits. Although they are entitled to a fair
and just return on their dollars, they are being greedy. Mr. Molski supported staff's
recommendation but believed there were still issues that needed to be addressed.
Bob Axen, representing Granada Mobile Homes, opposed staffs recommendation, stating that
park owners are already making a just return on rents, and seniors need an affordable place to
live. He believed that there were no incentives for owners to negotiate rents, and he asked the
Council to support affordable housing for seniors.
Barbara Nunheley, a Jade Bay Mobile Park resident, spoke in support of staff's recommendation,
stating that there was a need for communication and respect between park owners, managers and
tenants. She commented that ongoing sewer problems in the park have not been addressed, and
the park owner needs to provide proof that rent increases are necessary.
Dennis Chaffee opposed the proposed ordinance but spoke in support of the proposed park
inspections. He stated that the present rent system is out of control, and park residents are
intimidated by park owners. He expressed the need for improved vacancy decontrol.
Jack Doyle, representing Chula Vista park owners, expressed concern that the proposed
ordinance only addresses two of three issues and does not include the section that was negotiated
and agreed upon to benefit the owners. He encouraged the Council to consider instituting a
mediation process between park residents and owners and also to consider the fairness and
integrity of the process rather than make politically motivated decisions.
Edward Nagorski supported the proposed ordinance, stating that if a park owner believes that
rental prices in his park are not high enough, he has the right to a hearing before the Rent Review
Commission to prove that his income is less than a fair and just return on his property. He asked
the Council not to allow park owners the opportunity to drive home owners out oftheir homes by
raising space rents to unreasonable levels.
Eva Burbach, a Brentwood Park mobilehome owner, supported the proposal, stating that the park
generators only provide partial electricity to the residents, and the overall park amenities are in
need of improvements. She stated that the park residents had sued the owners two years ago
over inadequate facilities, but no improvements have been made. She believed that rents should
not be increased. Mayor Horton responded that the City's code enforcement staff would inspect
the reported electricity failures and sewer system complaints in the park.
Nonna Runyan, a Brentwood Park mobilehome owner, spoke in favor of the proposal. She
stated that she has received no infonnation nom the park owner regarding ongoing concerns
regarding the electrical problems. She added that the trees in the park are overgrown, and the
swimming pool has been closed since the beginning of July 2002. Ms. Runyan stated that there
is no way to reach the park owner, and there is currently no on-site manager. She also stated that
the park residents won a lawsuit against the owner, and she believed that the park owner did not
deserve any rent increases until the park is in compliance with regulations.
Page 2 Council/RDA Minutes 1-;1.. 07/09/2002
ACTION ITEMS (Continued)
Allen Meredith, president of the J-Bay Homeowners Association, spoke in favor of the proposal,
specifically the enforcement of Title 25. He stated that improvements to the park have been
made at the expense of the residents. The park owner currently owns five units that have been
vacant for over a year and has also modified the park nom a senior park to an all-age park. Mr.
!V1eredith believed that any rent increases should be tied to cost of living and social security
mcreases.
Pat LaPierre spoke in support of the ordinance, stating that it assists those with code enforcement
problems and requires owners to justify increases. He stated that the park tenants are not
receiving a good return for their rental dollar.
Robert Crane favored the ordinance, stating that it is time to move forward with a decision.
Daniel Cacho, a partner in Don Luis Estates, opposed the proposed ordinance. He pointed out
that the issue started out as a good faith effort to establish a packaged deal between park owners
and residents but has since become one-sided and geared unfairly toward park residents. He
believed that the language added to the ordinance provides the City with the power to manipulate
changes at any time, particularly during election periods. He stated that the City has the right to
conduct park inspections at any time, and he believed that the proposed amendments would hurt
the park owners. Mr. Cacho opined that as a park owner, rent control was taking away his
property rights. He asked the Council to consider the effects of its decision on future real estate
markets and property rights for owners. He added that since expenses to manage family parks
are higher, park owners should have the ability to charge more than the Consumer Price Index
mcrease.
Tom Teagle, Chair of the Mobilehome Rent Review Commission, expressed the need to tie
automatic CPI increases to the condition of the parks. He believed that those parks providing
substandard facilities to residents should not be entitled to automatic CPI increases and also that,
although the proposed ordinance is a good one, there are still problems that need to be addressed.
Al Vargas, representing Granada Mobile Estates, stated that the park owner has provided a
beautiful park for its tenants and has the right to make a fair return on her investment.
Ralph Brown stated that there are park owners who provide quality living conditions at a
reasonable cost to the tenants.
Dorris Sullivan, a tenant at Don Luis Park, reported that the park residents had to fight the park
owners over a recent blanket rent increase. Should deregulation be implemented, tenants will
loose prospective buyers and will be forced to sell their coaches to the park owners. She added
that the park owners are not willing to negotiate on a fair basis and do not respect their tenants.
Agency/Councilmember Padilla stated that the proposed ordinance is the result of a lot of work
over a long period of time. Although the ordinance is not perfect, it represents good, sound
public policy and a significant improvement over the current ordinance. He believed that the
current situation cannot be allowed to continue and that some level of review will help keep
mobilehome parks in good condition and maintain livable rents. He explained that the proposed
ordinance will: provide an inspection and enforcement program that will dedicate City staff to
inspect the parks to ensure compliance with the law; not allow an automatic, 100 percent
increase tied to the cost of living; increase the level of review; limit rent increase and maintain
the current system of review upon vacancy control; and provide language which will specify
that the Commission has the authority to request all the infonnation it needs to make its
decisions. He stated that the proposed ordinance is good public policy, is moderate, and is fair to
both sides.
Page 3 Council/RDA Minutes 1-3 07/09/2002
ACTION ITEMS (Continued)
decisions. Agency/Councilmember Padilla stated that the proposed ordinance is good public
policy and is a moderate one that is fair to both sides.
Agency/Councilmember Davis believed that moving forward with the proposed ordinance would
be to the bettennent of all those involved.
Agency/Councilmember Salas spoke in support of the proposed ordinance, which she believed
was fair to all. She stated that code enforcement should provide assistance to those tenants who
do not know how to access the system.
Agency/Councilmember Rindone spoke in support of the proposed ordinance, stating that the
rent stabilization component of the ordinance will continue to improve the lifestyles and
opportunities of the residents. He added that the City must continue to be vigilant and allow the
opportunity for amicable future enhancements between owners and residents.
Chair/Mayor Horton spoke regarding the disparity in conditions of the parks within the City.
She stated that several parks, particularly the trailer parks, most likely have major health and
code violations, and she believed that the City needs to work with those property owners to seek
alternative uses for the bettennent of the tenants and to provide improved affordable housing.
Chair/Mayor Horton asked staff to return to the Council with a report on the matter.
ACTION: Agency/Councilmember Salas offered Ordinance No. 2862, heading read, text
waived. Agency/Councilmember Padilla offered an amendment to the motion to
include language that clarifies that a park owner and the City, at their discretion,
may retain an independent appraiser. Agency/Councilmember Salas agreed to the
amendment. Agency/Councilmember Davis seconded the motion as amended,
and it carried 5-0.
3. COUNCIL RESOLUTION NO. 2002-247, AND AGENCY RESOLUTION NO. 1788,
RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA DIRECTING STAFF TO IMPLEMENT A CODE
ENFORCEMENT PROGRAM FOR INSPECTING MOBILE HOME PARKS AND
PROVIDING FIELD SUPPORT FOR THE COMMUNITY HOUSING
IMPROVEMENT PROGRAM, ADDING ONE SENIOR CODE ENFORCEMENT
OFFICER; AND AMENDING THE FY03 BUDGET AND APPROPRIATING FUNDS
THEREFOR
The preservation and improvement of affordable housing is critical to the long-tenn
interests of the City. Therefore, a proposed new Senior Code Enforcement Officer
position will be assigned the responsibility of conducting inspections of mobilehome
parks and providing field assistance to the Community Housing Improvement Program
(CHIP). Due to financial limitations imposed by the State of California, the existing Title
25 mobilehome park inspection program is not staffed at a level that can adequately
respond to the deteriorating conditions found in some of the City's mobilehome and
trailer parks. This position would supplement those efforts and be funded nom a
combination of the General Fund and the Redevelopment Low and Moderate Income
Housing Fund. (Community Development Director; Planning and Building Director)
Page 4 Council/RDA Minutes /-4 07/09/2002
ACTION ITEMS (Continued)
Housing Coordinator Arroyo stated that the position will actually not require the use of monies
nom the General Fund and that the item required a 4/5th,s vote by the Agency/Council.
ACTION: Agency/Councilmember Rindone offered Council Resolution No. 2002-247 and
Agency Resolution No. 1788, heading read, text waived. The motion carried 5-0.
OTHER BUSINESS
4. DIRECTOR'S REPORTS
There were none.
5. CHAIR/MA YOR REPORTS
There were none.
6. AGENCY/COUNCIL COMMENTS
There were none.
ADJOURNMENT
At 8:30 p.m., Chair/Mayor Horton adjourned the meeting to a Regular Meeting of the
Redevelopment Agency on July 16,2002, at 6:00 p.m., immediately following the City Council
meeting. J~ J.M.. t£
Susan Bigelow, CMC, Ci Clerk
Page 5 Council/RDA Minutes 1-5'"" 07/09/2002
MINUTES OF ADJOURNED REGULAR MEETINGS OF
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
July 23, 2002 6:00 p.m.
Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of
Chula Vista were called to order at 6:55 p.m. in the Council conference room, located in City
Hall, 276 Fourth Avenue, ChuIa Vista, California.
ROLL CALL:
PRESENT: Agency/Councilmembers: Davis, Padilla, Rindone, Salas, and
Chair/Mayor Horton
ABSENT: Agency/Councilmembers: None
ALSO PRESENT: Executive Director/City Manager Rowlands, City Attorney
Kaheny, and City Clerk Bigelow
CONSENT CALENDAR
With reference to Item #3, Council/Agencymember Rindone requested a memo nom staff
regarding whether or not there were any redevelopment regulations or restrictions on the number
of times the imminent domain option could be extended.
1. APPROVAL OF MINUTES: June 18, 2002; June 20, 2002; June 25, 2002; June 26, 2002
Staff recommendation: Agency approve the minutes.
2. ORDINANCE NO. 2862, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 9,50 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO MOBILEHOME PARK SPACE RENT REVIEW
On January 15, 2002, staff presented to Council a series of amendments to Chapter 9.50
of the City's Municipal Code, the Mobilehome Space Rent Review Ordinance, The
proposed amendments addressed concerns regarding difficulties in implementing and
administering the ordinance, increasing housing costs, the general safety and welfare of
residents of mobilehome communities, provided clearer direction and definitions, and
provided consistency with state mobilehome residency law. Testimony of many park
residents supported the major proposed amendments, with the exception of eliminating
vacancy control regulations. Council directed staff to work with representatives of park
residents and park owners on the issue of vacancy control. The proposed amendments to
the ordinance include alternative language to allow for an automatic rent increase upon
change of ownership based upon a fixed percentage or a sliding scale. (Community
Development Director)
Staff recommendation: Place the ordinance on second reading for adoption.
/-C:,
CONSENT CALENDAR (Continued)
3. AGENCY RESOLUTION NO. 1789, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING AND TRANSMITTING
ITS REPORT TO THE CITY COUNCIL FOR THE PROPOSED FOURTH
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTHWEST
REDEVELOPMENT PROJECT
The Southwest Redevelopment Plan was adopted on November 27, 1990 in order to
improve deteriorated properties in the areas along Main Street, south Broadway, and
south Third Avenue. Since its adoption, the Redevelopment Plan has pennitted the use of
eminent domain authority to acquire property within the Southwest Redevelopment
Project Area. Pursuant to the California Community Redevelopment Law and the
Redevelopment Plan, the Agency's eminent domain authority is restricted to an initial 12-
year time period following the effective date of the ordinance adopting the
Redevelopment Plan. The Redevelopment Plan's eminent domain authority is scheduled
to expire on November 27, 2002. (Community Development Director)
Staff recommendation: Agency adopt the resolution.
4. RESOLUTION NO. 2002-267, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING AN EXPANDED REDEVELOPMENT
SURVEY AREA FOR STUDY PURPOSES PURSUANT TO PART I OF DIVISION
24 OF THE HEALTH AND SAFETY CODE
Council is studying the feasibility of expanding the redevelopment areas to include
various commercial and industrial properties along Third Avenue, Broadway, the West
Fairfield area, and the Lower Sweetwater River Valley. The West Fairfield and the
Lower Sweetwater River Valley properties are not currently within the survey area. In
order for these properties to be considered for redevelopment, the survey area needs to be
expanded, (Director of Community Development)
Staffrecommendation: Council adopt the resolution.
5. COUNCIL RESOLUTION NO. 2002-268 AND AGENCY RESOLUTION NO. 1790,
RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA APPROVING A SALARY INCREASE FOR THE
REDEVELOPMENT MANAGER POSITION IN THE COMMUNITY
DEVELOPMENT DEPARTMENT TO ALIGN THE SALARY WITH THE
ECONOMIC DEVELOPMENT MANAGER POSITION, AND AMENDING THE
FISCAL YEAR 2002-2003 OPERATING BUDGETS TO IMPLEMENT SAME
The Community Development Department requested that the Human Resources
Department conduct a classification analysis of the Redevelopment Manager position in
light of elevated duties and responsibilities established for the position. Human
Resources conducted a review of the incumbent's duties and responsibilities, as well as
associated internal equity relationships. It was detennined by Human Resources that
findings did not support a reclassification but did support a salary increase of 5% to
reflect an appropriate internal aligrunent of the Redevelopment Manager position with the
Economic Development Manager position, (Director of Community Development)
Staff recommendation: Council/Agency adopt the resolution,
Page 2 Council/RDA Minutes / - 7 07/23/2002
CONSENT CALENDAR (Continued)
ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
There were none.
OTHER BUSINESS
6. DIRECTOR'S REPORTS
There were none.
7. CHAIR/MA YOR REPORTS
There were none.
8. AGENCY/COUNCIL COMMENTS
There were none.
CLOSED SESSION
9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR INSTRUCTIONS TO
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: Assessor Parcel Nos. 571-200-13, 14, 15,36 and Parcel Map
17701 (approximately 2.555 acres located at 760 Broadway)
Negotiating Parties: Redevelopment Agency (Chris Salomone) and Chris Bitteriin
and Tom Carter
Under Negotiation: Price and tenns for disposition
ACTION: Direction was given to Counsel.
ADJOURNMENT
At 9:15 p.m., Chair/Mayor Horton adjourned the meeting to a Regular Meeting of the
Redevelopment Agency on August 6, 2002, at 4:00 p.m., immediately following the City
Council meeting in the City Council Chambers.
J~ Jo~ æJ.-
Susan Bigelow, CMC, City Clerk
Page 3 Council/RDA Minutes (- ~ 07/23/2002
PAGE 1, ITEM NO.: .;l..
MEETING DATE: 08/06/02
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM TITLE: PUBLIC HEARING: TO.CONSIDER A SPECIAL USE PERMIT (SUPS-
01-05) TO ALLOW THE DEVELOPMENT OF A USED-CAR SALES
LOT AND A ZONE VARIANCE FOR 1) THE CONSTRUCTION OF A
420-SQUARE FOOT BUILDING TO BE LOCATED ON THE REAR
PROPERTY LINE, WHERE A 10-FOOT SET-BACK IS REQUIRED,
AND 2) A REDUCTION IN THE LANDSCAPE SET-BACK TO 10 FEET
ALONG THE STREET FRONTAGE ON MAIN AND SILVAS STREETS,
WHERE THE REQUIREMENT IS FOR 15 FEET
RESOLUTION GRANTING A SPECIAL USE PERMIT (SUPS-02-24)
FOR THE ESTABLISHMENT OF A USED-CAR SALES LOT AT 2620
MAIN STREET AND GRANTING A ZONE VARIANCE FOR 1) THE
CONSTRUCTION OF A 420-SQUARE FOOT BUILDING TO BE
LOCATED ON THE REAR PROPERTY LINE, WHERE A 10-FOOT
SET-BACK IS REQUIRED, AND 2) A LANDSCAPE SET-BACK OF 10
FEET IN WIDTH ALONG THE STREET FRONTAGE ON MAIN AND
SILVAS STREETS, WHERE THE REQUIREMENT IS FOR 15 FEET
RESOLUTION APPROVING AN OWNER PARTICIPATION
AGREEMENT WITH ERNIE L. AND PATRICIA A. DURAN FOR THE
CONSTRUCTION OF A 420-SQUARE FOOT BUILDING AND
ASSOCIATED LANDSCAPE AND PARKING IMPROVEMENTS AT
2620 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT
PROJECT AREA
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~ ~ ts
REVIEWED BY: EXECUTIVE DIRECTOR c,l íJfY
4/ST"S VOTE: YES D NO 0
BACKGROUND
Mr. Ernest ond Patricia Duran ("Applicant") propose to develop the site they own at the northwest
corner of Main Street and Silvas Street. The proposed project is for the establishment of a used-
car sales lot, and includes the construction of a small office and customer service building, as well
as the ossociated parking lot, access ond circulation, and landscaped oreas. The proposed
project site is adjocent to 0 variety of commercial ond industrio/ uses olong Main Street ond Silvas
Street,
c;2-/
PAGE 2, ITEM NO.:
MEETING DATE: 08/06/02
The proposed used-car sales lot is allowed under the General Plan, Southwest Redevelopment
Pion, and the Zoning Ordinonce through the issuance of a Special Use Permit to be
recommended by the Plonning Commission and approved by the Redevelopment Agency during
0 noticed Public Hearing. The Applicont is entering into on Owner Porticipotion Agreement (copy
attoched) with the Redevelopment Agency for the development of the proposed project. A
variance for a building set bock ond reduction in the landscape strip are necessary in order for
the proposed project to comply with the General Plan and the Zoning Ordinance.
The City's Environmentol Coordinotor reviewed the proposed project pursuont to the provisions of
the Colifornia Environmental Quality Act (CEQA), and found that the project is 0 Class 3
exemption for new small construction or conversion of small structures (Section 15303),
RECOMMENDATION
Staff recommends that the Redevelopment Agency hold the required public hearing, toke public
testimony, if ony, and approve the two resolution presented.
BOARDS/COMMISSION RECOMMENDATION
The Design Review Committee reviewed the proposed project at its meeting of June 17, 2002,
and recommended approvol subject to approval of the Speciol Use Permit ond Variance (see
minutes attached).
The Planning Commission reviewed the proposed project, Special Use Permit, and Zone Voriance
ot its meeting of July 31, 2002, ond recommended opprovol of the project subject to the
conditions listed in the resolution and olso requested thot the opplicant moke some modifications
to the landscape plan.
DISCUSSION
The Applicont currently operates the used-car lot at the northwest corner of Main Street and
Broodway, where 0 residential/commercial project (Main Ploza) will be built soon requiring the
relocation of the existing businesses, The Applicant of the subject project wishes to keep the car
sales business in the vicinity, and recently purchosed the subject lot to continue the business
operotion there.
Site Characteristics
The site for the proposed project is located ot the northwest corner of Main ond Silvos Street (see
Locator Map ottached to the OPA). It is vacant, 1 0,300-squore foot lot of irregulor shape that is
the result of the City's widening ond improvement of the two streets opproximotely two yeor ago.
Prior to the improvement of the streets, the lot was occupied by 0 small building that housed
"Angie's Bar," which wos demolished to give way to the street improvements.
¿)..-~
PAGE 3, IIEM NO.:
MEETING DATE: 08/06/02
The site is surrounded by a mixture of commercial and industrial uses with non-descript building
structures and 0 lack of coherent design themes ond landscoping. Despite its small area, the
corner site hos good visibility ond easy access on both streets, which make it an appropriote
location for the proposed use. The table below shows the subiect lot and surrounding properties'
lond use designations.
GENERAL PLAN ZONING CURRENT LAND USE
Site: Commercial Thoroughfare CTP Vocant Lot
North: Commercial Thoroughfare CTP Auto & Truck Open Storage Use
South: Limited Industrial ILP Vacant Lot/Roofing Moterial Yard
East: Commerciol Retail CTP Retail Shopping Center
West: Commercial Thoroughfare CTP Alfredo's Upholstery Shop
Used car lots are permitted by the Zoning Ordinance through the issuonce of a Special Use
Permit, which must be considered by the Planning Commission and approved by the
Redevelopment Agency. Through the Special Use Permit, conditions are imposed on the use,
which make it conform to the regulations of the Zoning Ordinance. Prior to the granting of the
permit, findings have to be made to the effect thot the proposed use is necessory and desiroble to
provide a service or facility for the benefit of the community; thot the proposed use will not be
detrimental to the safety, heolth, and welfare of community; that the proposed project will comply
with the regulations ond conditions of the Code; ond thot the gronting of the permit will not
adversely affect the General Pion of the City or any other governmental entity. These finding for
the Special Use Permit are contained and made in the Agency Resolution that accompanies this
report.
Project Proposal
As proposed, the project includes the construction of a 420-square foot office and customer
service building; a parking lot to serve as the display area for the vehicles to be sold and parking
spaces for customers; and landscoped areas around the perimeter of the lot. The proposed site
pions and elevations of the building are attached to the OPA. The Design Review Committee hos
determined that the architecture of the building conforms to the design monual criteria.
The building is located along the northern property line. Normally, the Zoning Ordinonce
requires building structures to be set 10 feet from the reor property line. Given the lot orea and
configuration, the lO-foot setback cannot be achieved in this cose ond the building has to be set
along the property line in order to ollow for the provision of odditional circulation and bock up
space (see site plan attached to OPA).
The Montgomery Specific Plan requires a 15-foot landscape strip along Moin ond Silvas Streets.
Strict compliance with this requirement would reduce the auto disploy, porking, and circulation
areas. The reduction in the landscoped strip from the required 15 feet to 10 feet (8 feet within
the property line and 2 within the public right of way) would still provide a significant amount of
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PAGE 4, ITEM NO.:
MEETING DATE: 08/06/02
londscope space and materials that will greotly improve the appearance of the lot ond the street,
The findings for the varionce are in the resolution.
Access, Circulation. and Parkina
The proposed site pion shows two driveways praviding. occess into the lot; one is located along
Main Street and the other along Silvas Street. These driveways were installed on Main and Silvas
Street along with 8-ft, sidewalks os part of the City's copital improvement proiect thot was
completed two years ago. The existing porcel lines were created afterwards, when the City
deeded two triangulor pieces to the adjacent property. This ollowed for the shared use of the 30-
ft. wide drivewoy olong Main Street, which provides access to the odjacent truck yard to the north.
A reciprocol access agreement for shored use of the driveway will be established os part of the
conditions of approvol.
The site pion olso calls for an auto display area thot will occommodate about eleven vehicles to be
available for sole on the lot. There ore also three customer vehicles, which comply with the Zoning
Ordinance requirement of a minimum of one parking space per 10 cars on disploy, ond one space
per 400-sq. ft. of office floor area.
Landscaping
The landscape plan shows a 3-ft. high decorative wrought-iron fence along the front property line,
and includes trees ond shrubbery within the 10-ft. buffer along the Main and Silvas Street frontoge.
In addition, queen palms will frame the proposed sales office, ond creeping fig vines will be
planted on a wooden lottice fence in front of the metal fence to be painted white to screen the
existing truck ond outo storage yard.
CONCLUSION
The Southwest Redevelopment Area was odopted in 1990 as a unique area in Chula Visto that
requires special attention and consideration in order to eliminate and reverse physico I ond
economic deteriorating conditions, and provide the necessary public ond privote services to
revitalize the area. The proposed project is a significont improvement to the existing site and will
be beneficial for the City, because it will redevelop an underutilized parcel to 0 higher and better
use, assist in the elimination of physical ond economic blighting conditions, ond maintoin a
viable and necessary business that will provide goods and services to this area of the City.
Granting the variance for the building setback and the reduction in the londscape strip is justified
on the grounds that it will ollow the project to be functional and provide adequate parking and
circulotion space within the lot. The location of the building on the property line is not
detrimental to adiocent uses and does not pose a visibility or obstruction problem. The reduction
in the londscaped strip is not detrimentol becouse the 10-foot strip will provide a significont
amount of landscape space and materials that will help beautify the street frontage.
Stoff recommends opprovol of the Special Use Permit, Varionce, and Owner Porticipation
Agreement for the proposed use-cor lot. The proposed project, with the conditions imposed on it
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PAGE 5, ITEM NO.:
MEETING DATE: 08/06/02
ond listed in the resolutions, is consistent with the City's Generol Plan, Zoning Ordinance, ond
Southwest Redevelopment Pion.
FISCAL IMPACT
Tox increment revenue generated by the proposed project will be minimal.
ATTACHMENTS
A -Owner Participation Agreement & Design Pions (with Exhibit A ond B)
B - Minutes of the Design Review Committee
j,\COMMDEV\STAFF.REP\08-06-02\Emie's Used-Car Lot Report.doc 108/01/2002 9,27 AM]
c2-S""
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA GRANTING A SPECIAL USE PERMIT(SUPS-02-
04) AND ZONE VARIANCE (ZAV-02-05) TO ERNEST & PATRICIA
DURAN FOR THE DEVELOPMENT OF A USED AUTOMOBILE
SALES FACILITY AT 2620 MAIN STREET WITHIN THE
SOUTHWEST REDEVELOPMENT PROJECT AREA
WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit
Ij attached hereto and incorporated herein by this reference, and for the purpose of general
description is located at 2620 Main Street ("Project Site"); and
WHEREAS, on November 15, 2001 duly verified application for Special Use Permit SUPS-
02-04 and Zone Variance ZAV-02-05 was filed with the City of Chula Vista Planning Departmentby
Juan Quemado, Designer acting on behalf of Ernest and Patricia Duran ("Applicant"); and
WHEREAS, Applicant requests permission to construct a 420-sq. ft. sales office for use in
conjunction with a used auto display area, including required on-site parking, landscaping and
driveways ("Project"); and
WHEREAS, in absence of a Southwest Project Area Committee, and pursuant to the
Redevelopment Agency Resolution No. 1536 (City Council Resolution No. 18624), the Planning
Commission has been designated as the body to provide recommendations for development
projects located in the Southwest Project Area presented to the City Council and/or Redevelopment
Agency for consideration pursuant to the authority granted in the Zoning Ordinance and the
Southwest Redevelopment Plan; and
WHEREAS, the Planning Commission advertised a public hearing on the project for July 10,
2002 that was continued to a public hearing on July 31, 2002, where it was voted 6-0-1
recommending that the Redevelopment Agency approve the project in accordance with Resolution
SUPS-02-04/ZAV-02-05; and
WHEREAS, a duly called and noticed public hearing on the project was held before the
Redevelopment Agency of the City of Chula Vista on August 6, 2002; to receive the
recommendation of the Planning Commission, and to hear public testimony with regard to the same.
NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula
Vista does hereby approved Special Use Permit SUPS-02-04 and Zone Variance (ZAV-02-05),
based upon the findings and subject to the conditions contained in Exhibit B (attached).
PRESENTED BY APPROVED AS TO FORM BY
Chris Salomone John M. Kaheny
Director of Community Development Agency Attorney
J: ICOMM DEVIRESOSICCR ESOs u ps-O2-04zav-O2-05. doc
~-G..
,..-... EXHIBIT A
\ \ ~~-~~
ANITA 5T
I ~
PROJECT
\ LOCATION
CHULA ~
~ VISTA
SELF
STORAGE
SEWING t r
AND
WELDING
SERVICES
\J
MAIN 5T
\OJ
LEXUS
AUTOMOBilE
SERVICES
FAIVRE 5T
HVAC
EXCHANGE
INC.
\ \
CHULA VISTA PLANNING AND BUILDING DEPAR TMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: ~EST & PATRICIA DURAN DESIGN REVIEW
PROJECT Request: Proposal for office a,nd storage building for
ADDRESS: 2620 MAIN STREET
Ernie's Auto sales in the southwest Redevelopment
SCALE: I FILE NUMBER: area. d-3-'
, NORTH No Scale DRC-02-28 Relate Cases: SUPS-02-04, ZAV-O2-50, IS-O2-21
,,'--~-'-'--_;_~\_hQm,I_\I,,('.tnr<\rlr("".O228.cdr Q5.22.02
EXHIBIT B
SPECIAL USE PERMIT (SUPS-02-04) AND ZONE VARIANCE
(ZAV-02-05) TO ERNEST & PATRICIA DURAN FOR THE
DEVELOPMENT OF A USED AUTOMOBILE SALES FACILITY
AT 2620 MAIN STREET WITHIN THE SOUTHWEST
REDEVELOPMENT PROJECT AREA
A. PLANNING COMMISSION RECORD
The proceedings and all evidence on the project introduced before the Planning
Commission at their public hearings on this project held on July 10, 2002 and July 31, 2002 and
the minutes and resolution resulting there from, are hereby incorporated into therecord of this
proceeding.
B. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has concluded that the project is exempt
pursuant to the California Environmental Quality Act as a Class 3 exemption for new small
construction or conversion of small structures (Section 15303).
C. CERTIFICATION OF COMPLIANCE WITH CEQA
The Redevelopment Agency does hereby find that the environmental determination of
the Environmental Review Coordinator was reached in accordance with requirements of the
California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review
Procedures of the City of Chula Vista.
D. SPECIAL USE PERMIT FINDINGS
The Redevelopment Agency of the City of Chula Vista does hereby make the findings
required by the City's rules and regulations for the issuance of special use permits, as herein
below set forth, and sets forth, hereunder, the evidentiary basis that permits the stated finding to
be made.
1. That the proposed use at this location is necessary or desirable to provide
a service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposed use at this location will provide a service or facility that will
contribute to the general well being of the neighborhood or community. The
project redevelops an underutilized parcel designated for commercial use, and
assists in the elimination of physical and economic blighting conditions as found
in this area of Main Street and within the Montgomery community and will provide
necessary services that are consistent with the goals and objectives of the
Montgomery Specific Plan and/or the Southwest Redevelopment Project Area
Implementation Plan.
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2. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
The proposed development will not be detrimental to the health, safety, or
general welfare of persons residing or working in the vicinity or injurious to
property or improvements in the vicinity.
The design of the auto sales area and sales office building were approved by the
Design Review Committee on June 17, 2001 and will conform to the design
manual guidelines for commercial developments. Landscaping and a screening
elements will be provided along the frontage and rear property line adjacent to
the existing truck storage yard to minimize the visual impact of the adjacent said
use.
3. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
The proposed development conforms to the zoning restrictions and development
standards and is consistent with the regulations of the CTP zone and the
Montgomery Specific Plan, except as requested in the accompanying Zone
Variance application, and is in conformance with the Southwest Redevelopment
Project Area Implementation Plan.
4. That the granting of this Special Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
The proposed development is consistent with the General Plan land use
designation, which identifies automobile-oriented services in conjunction with
other thoroughfare commercial uses in the vicinity, and the goals and objectives
of the Southwest Redevelopment Plan by contributing to remove blighting
influences.
E. ZONE VARIANCE FINDINGS
1. That hardship particular to the property and not created by any act of the
owner exists. Said hardship may include practical difficulties in developing
for the needs of the owner consistent with the regulations of the zone; but
in this context, personal, family, or financial difficulties, loss of prospective
profits, and neighboring violations are not hardships justifying a variance.
Further, a previous variance can never have set a precedent, for each case
must be considered only on its individual merits.
There are hardships associated with this property that would justify the granting
of a zone variance from the 10-ft. rear yard-building setback of the CTP zone and
the 15-ft, landscape buffer along Main and Silvas Street as required by the
Montgomery Specific Plan. The property is an unusual creation that is the result
of a curved street closure belween Silvas and Main Street and the former "island"
parcel that was located between the curved street and the T-intersection of
Silvas and Main Streets. As a result, it would be very difficult to meet the
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standards of the zone, specifically the rear yard-building setback of 10-ft, and the
15-ft. landscape buffer of the Montgomery Specific Plan, as they would adversely
affect the provision of adequate interior lot circulation between the sales office,
auto display area and driveways. The landscape buffer of 10-ft. (8-ft. ald 2-ft.
within the right-of-way behind the sidewalk) will adequately beautify the
intersection and soften the transition between street and display area,
2. That such a variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same
zoning districts and in the same vicinity, and that a variance, if granted,
would not constitute a special privilege of the recipient not enjoyed by the
neighboring properties.
The variance is needed to enjoy the same substantial property rights enjoyed by
other properties in the neighborhood vicinity. All of the surrounding properties
possess greater depth and thus the ability to meet such requirements as the rear
yard building setback and the Montgomery landscape setback along Main Street.
It would most likely be difficult to develop any other viable type of commercial use
within the CT zoned property without including the adjacent property to the north
(truck storage yard). However, as it exists the property does provide a matching
opportunity for the applicant to relocate a small-scale auto sales lot on a major
intersection with minimal depth but high visibility on an intersection.
3. That the authorizing of s.uch variance will not be of substantial detriment b
the adjacent property and will not materially impair the purposes of the
Zoning Ordinance, Municipal Code or the public interest.
The variance request will not be of substantial detriment to adjacent properties
and will not materially impair the purposes of the Zoning Ordinance, Municipal
Code, and public interest. The Main Street driveway is located in between two
properties, or that of the proposed auto sales property and the truck storage lot to
the north. A reciprocal access agreement for shared use of the driveway will be
established as part of the conditions of approval. Thus, the development of this
property will be beneficial to the truck storage yard to the north, in that the shared
use driveway will be enhance with stamped concrete and asphalt paving beyond
as an off-property improvement.
4. That the granting of such variance will not adversely affect the Zoning
Ordinance, Municipal Code, and General Plan of the City or the
Montgomery Specific Plan or the adopted plan of any government agency.
The granting of this variance will not adversely affect the Zoning Ordinance, the
Southwest Redevelopment Plan, the Montgomery Specific Plan or the General
Plan of the City of Chula Vista, as well as the development standards found
therein.
F. TERMS OF GRANT OF PERMIT
The Redevelopment Agency hereby grants Special Use Permit SUPS-O1-05
subject to the following conditions whereby the Applicant and/or property owner
shall:
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1. Prior to the issuance of building permits for the development of the
subject property in reliance on this approval, the applicant shall satisfy the
following requirements:
Planning and Building Department Conditions:
a. Provide revised plans and elevations incorporating all conditions
of approval. A revised site plan shall be submitted showing the
landscape area and lattice fencing in front of the rear property line
metal fencing. The revised plans and elevations shall be
submitted for review and approval by the Director of Planning and
Building prior to issuance of building permit.
b. Provide planting and irrigation plans incorporating all conditions of
approval, All planters shall be bordered with 6-inch curbing. The
planting and irrigation plans shall be revised in conformance with
a revised conceptual landscape plan, subject to review and
approval by the Landscape Planner prior to issuance of building
permit.
c, A water management plan shall be required with the conceptual
landscape plan for review and approval by the Landscape Planner
prior to issuance of building permit.
d. Provide more information on the proposed decorative wrought-iron
fence, stamped concrete pattern, style and color for review and
approval by the Landscape Planner prior to issuance of building
permit.
e. A fencing plan shall be provided indicating all perimeter fencing to
be provided. The fencing plan shall be incorporated with the
planting and irrigation plans and submitted for review and
approval by the Landscape Planner prior to the issuance of
building permit.
f. Lighting for the facility shown on the site plan shall be in
conformance with Section 17.28.020 of the Municipal Code. A
lighting plan shall be provided that includes details showing that
the proposed lighting shall be shielded to remove any glare from
adjacent properties, and shall be reviewed and approved to the
satisfaction of the Planning and Building Director.
g. A graffiti resistant treatment shall be specified for all wall and
building surfaces. This shall be noted on any building and wall
plans and shall be reviewed and approved by the Planning
Director prior to issuance of building permits. Additionally, the
project shall conform to Sections 9.20.055 and 9.20.035 of the
Chula Vista Municipal Code regarding graffiti control.
h. All building permit plans shall be reviewed for conformance with
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this Special Use Permit and Zone Variance permit. Building Plans
shall comply with 1998 Building, Mechanical, Plumbing, and
National Electrical Code article 500. Building shall comply with
handicapped accessibility requirements and 2001 Title 24 energy
requirements. Restrooms must be handicapped accessible
unless the owner of the building will be the only person using the
restroom. Exterior walls must be 1-hr. rated when located less
than 20-ft. from the property line. Openings in the walls are not
permitted less than 5-ft, from the property lines and protected
when less than 10-ft. from the property line,
i. A reciprocal access agreement to ensure the continued viability of
the shared use of the Main Street driveway with the adjacent
property owner shall be established and recorded. The reciprocal
access agreement document shall be reviewed and approved to
the satisfaction of the Planning and Building Director prior to the
issuance of a Certificate of Occupancy.
Resource Recyc/ing and Conservation Coordinator Conditions:
j, Commercial properties must have trash enclosures, bins, or carts
that meet design specifications. The locations and orientation of
storage bins and dumpsters must be pre-approved by the City
franchise trash hauling company. Provide sufficient space for
designated recyclables, A shared paper/cardboard bin, along with
food and beverage container cart with other storage may be
permitted, A commercial trash enclosure large enough for solid
waste, mixed paper, and a cart for food and beverage containers
must be provided to meet the minimum 50 percent recycling
requirement. Contact the City Conservation Coordinator at 691-
5122.
Fire Department Conditions:
k, Obtain the necessary permits from the Fire Department. Provide
a minimum rated fire extinguisher 92A-10BC) for the office area.
If at anytime a motorized gate is installed it must be provided with
an Opticom system and Knox key switch for fire department entry.
Provide a visible address to be seen from the main access road,
Public Works Department Conditions:
I. All requirements of the Public Works Department shall be met
prior to issuance of the building permit. Applicant shall pay all
required fees including those identified by the Engineering
Division for sewer capacity and connections, development impact
for public facilities, and traffic signal fees as defined in the
development checklist as part of the building permit application.
m. The applicant will need to provide a grading permit if shown to be
5
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required by the building permits. Any work performed in the public
right-of-way such as construction or widening of driveways or
installation of a new sewer lateral shall require a construction
permit from the office of the City Engineer,
n. The project shall be designed to meet ADA requirements for
handicapped parking and accessibility. No monument signs or
other visible obstruction shall be constructed within sight visibility
lines at the driveway entrances/exits of the property.
o. The applicant shall submit a geotechnical investigation for the
proposed construction prior to issuance of the building permit.
The project shall be designed to drain away form the neighboring
structures to the satisfaction of the City Engineer.
p. The applicant is required to implement Best Management
Practices (BMP's) to prevent pollution of the storm water
conveyance systems, both during and after construction.
According to the National Pollutant Discharge Elimination System
(NPDES) Municipal Permit Order No. 2001-01, the project is
considered Priority Development Project Categories, and is
required to comply with the Standard Storm Water Mitigation
Plans (SUSMP's), and Numeric Sizing Criteria. Contact the San
Diego Regional Water Quality Control Board at (858) 467-2971 to
insure compliance with laws and regulations.
q. Proposed drainage facilities shall be shown on building plans,
The existing sewer system is adequate to serve the proposed
project. No other wastewater use shall be located outside the
office use
Police Department Conditions:
r. The security lighting fixtures shall use low wattage bulbs. The
lighting for the signage and interior nightlights shall be
independently wired so that they can be independently used to aid
in complying with the Governor's Executive Order D-19-0 1,
s. Obtain a security survey from the Crime Prevention Unit of the
Police Department for specific recommendations on access
control, surveillance detection, and police response. In addition,
training of management and employees in security procedures
and crime prevention shall prior to issuance of the building permit.
The Crime Prevention Unit should be contacted at 691-5127 for
more information.
Other Conditions:
t. The applicant shall contact the Chula Vista Fire Department about
fire flow requirements and submit a letter to the Sweetwater
Authority stating the requirements. The Authority will determine if
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there is a need for new or substantial alteration to the existing
water systems, as well as the availability of water for operational
and fire protection purposes.
u. The applicant shall pay all appropriate fees of the Sweetwater
Union High School District and the Chula Vista Elementary School
District who will determine the school fees that shall be paid prior
to issuance of the building permit.
2. Prior to use or occupancy of the property in reliance on this approval, the
following requirements shall be met:
a. The site shall be developed and maintained in accordance with
the approved plans which include site plans, architectural
elevations, exterior materials and colors, landscaping, sign
program and grading on file in the Planning Division, the
conditions contained herein, Title 19, and the Montgomery
Specific Plan.
b. Prior to any use of the project site or business activity being
commenced thereon, all Conditions of Approval shall be
completed to the satisfaction of the Planning Director,
c, All landscape and hardscape improvements shall be installed in
accordance with the approved landscape plan and the comments
of the City Landscape Planner.
d. All ground-mounted utility appurtenances such as transformers,
AC condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete
or masonry walls, berming, and/or landscaping to the satisfaction
of the Planning Director.
e. All roof appurtenances, including air conditioners and other roof
mounted equipment and/or projections, shall be shielded from
view and the sound buffered from adjacent properties and streets
as required by the Planning Director. Such screening shall be
architecturally integrated with the building design and constructed
to the satisfaction of the Planning Director, Details shall be
included in building plans.
f. A fire flow of 3,000 gallons per minute for duration of three (3)
hours must be provided. The back flow preventor shall be
screened from view, and the Fire Department connection shall not
be located with the back flow preventor.
g. A 2S0-watt streetlight shall be installed at the northerly side of the
property on Silvas Street to the satisfaction of the City Trafic
Engineering Section.
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h. This Special Use Permit and Zone Variance approval shall expire
if building permits are not issued or the approved use has not
commenced within one year from the date of this approval, unless
a written request for an extension is received prior to the
expiration date.
3. The following on-going condition shall apply to the subject property as
long as it relies upon this approval.
a, Approval of this request shall not waive compliance with all
sections of Title 19 of the Municipal Code, and all other applicable
City Ordinances in effect at the time of building permit issuance.
b. Buildings and Landscaping shall be maintained according to the
approved plans unless modifications are approved by the City of
Chula Vista.
c. Fire lanes are to have an unobstructed width of not less than 20-ft.
width and 13-1/2-ft. vertical clearance.
d. Incidental car washing and auto detailing shall not be permitted on
the facility unless adequate BMP's have been installed to capture
and treat the effluent, or divert the effluent to sanitary sewer after
obtaining approval from the San Diego Metropolitan Wastewater
Department.
e. This Special Use Permit and Zone Variance permit shall become
void and ineffective if not utilized within one year from the effective
date thereof, in accordance with Section 19.14.260 of the
Municipal Code. Failure to comply with any conditions of approval
shall cause this permit to be reviewed by the City for additional
conditions or revocation,
f. This Special Use Permit and Zone Variance permit shall be
subject to any and all new, modified or deleted conditions imposed
after approval of this permit to advance a legitimate governmental
interest related to health, safety or welfare which the City shall
impose after advance written notice to the Permittee and after the
City has given to the Permittee the right to be heard with regard
thereto. However, the City, in exercising this reserved
right/condition, may not impose a substantial expense or deprive
Permittee of a substantial revenue source, which the Permittee
cannot, in the normal operation of the use permitted, be expected
to economically recover.
g. Applicant/operator shall and does hereby agree to indemnify,
protect, defend and hold harmless City, its Council members,
officers, employees, agents and representatives, from and against
any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorneys' fees (collectively,
"liabilities") incurred by the City arising, directly or indirectly, from
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(a) City's approval and issuance of this special use permit, (b)
City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use
contemplated herein, and (c) applicant's construction.
Applicant/operator shall acknowledge their agreement to this
provision by executing a copy of this special use permit where
indicated, below. Applicant's/operator's compliance with this
provision is an express condition of this conditional use permit and
this provision shall be binding on any and all of
Applicant's/operator's successors and assigns.
h. Applicant shall be responsible for any and all relocation expenses
related to the project. Applicant indemnifies, holds harmless,
protects, and defends City from any and all relocation claims
arising from or related to any action taken by the Agency,
including the consideration, and/or approval of this Special Use
Permit and Zone Variance or related documents.
G, EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have
each read, understood, and agreed to the conditions contained herein, Upon execution,
this document shall be recorded with the County Clerk of the County of San Diego, at
the sole expense of the property owner and/or applicant, and a signed, stamped copy of
this recorded document shall be returned within ten days of recordation to the Agency's
secretary. Failure to return said document to the Agency's secretary shall indicate the
property owners/applicant's desire that the project, and the corresponding application for
building permits and/or a business license, be held in abeyance without approval. Said
document will also be on file in the Agency's office and known as document No. -'
Signature of Property Owner Date
Signature of Representative of Date
Ernie's Auto Sales
H. ENVIRONMENTAL NOTICE
The Redevelopment Agency directs the Environmental Review Coordinator to post a
Notice of Exemption and file the same with the County Clerk,
I. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Redevelopment Agency that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision, and condition
herein stated; and that in the event that anyone or more terms, provisions, or conditions
are determined by a Court of competent jurisdiction to be invalid, illegal, or
9
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unenforceable, this resolution and the permit shall be deemed to be automatically
revoked and of no further force and effect ab initio.
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DRAFt- ','" 'I' ,'...- '
Design Review Committee J ~}\~ ~
Minutes June 17. 2002
Member Alberdi believed that the building is compatible to the shopping center. He
inquired why the architect changed the fascia on the tower not to be the same as the
building. He believed the fascia on the tower looked residential and the cornice would
have been a nice complement to the overall building.
Mr. Maars stated they could certainly change that element on the tower.
Chair Agùilar thought they would only be able to approve the actual building design itself.
The problem seemed to lie with the site layout that included the trash enclosures, the
detail area along the property line, and the combination masonry wall and wrought iron
fence. Chair Aguilar inquired with staff what the best course of action would be either to
approve the building itself, or to postpone the entire action until the applicant had
addressed the Committee's concerns,
Mr. Schmitz responded that it would be better to postpone the whole project so that they
could submit a clean approval with conditions. This project also had a conditional use
permit associated with it, and staff believed the postponement would not affect the
applicant from getting their approval of their conditional use permit.
MSC (Alberdi/Morlon) (3-0-0-2) to postpone action on DRC-02-40 project to a future
meeting where the issues concerning the site layout and the fencing along the
western property line will be revisited.
3, DRC-O2-28 Ernie's Auto Sale
2620 Main Street @ Silvas Street
Construction of a 420 Sq. ft. sales office for a proposed
small-used automobile.
Staff Presentation:
Mr. Harold Phelps, Associate Planner reported this proposal calls for the construction of a
420 sq, ft. sales office in conjunction with an auto sales lot. The Planning and Community
Development Departments have been working closely with the applicant who must move
from their current location, which is located at the intersection of Main Street and
Broadway,
The property is an unusual creation that is the result of a curved street closure between
Silvas and Main Street and the former "island" parcel that was located between the curved
street and the T-intersection of Silvas and Main Streets, The result is an unusually shaped
vacant lot of approximately 10,300 sq. ft. with visibility along the thoroughfares but minimal
lot depth for a commercial zoned facility,
The surrounding commercial uses that are connected and/or are adjacent to the west
include an upholstery shop, and also a truck storage yard, which also is located behind the
proposed sales display area and sales office. Across Main Street are a roofing material
service yard, and the Jerry Lee sales yard, Across Silvas Street is a commercial shopping
center, which includes the Marisol Nightclub, which would be closest to the project site.
Staff stated there are two access driveways, one on each street frontage of the comer
property. These driveways were installed on Main and Silvas Street along with 8-ft.
J:\HOMEIPLANNINGIROSEMARIE\DRCIMIN6-17-02 .,;¿-( 7
Design Review Committee DRAFJ:- "-'->.-',1
. ~
"it !
Minutes" :' June 17. 2002
sidewalks as part of the capital improvement project that was completed two years ago.
The existing parcel lines were created afterwards, when the city deeded two triangular
pieces to the adjacent property. This allowed for the shared use of the 30-ft. driveway
along Main Street.
The Main Street driveway also provides access to the adjacent truck yard to the north,
Both driveway aprons will be enhanced with 8-ft. stamped concrete within the proposed
landscape setback area, and asphalt pavement throughout the entire parking, display and
driveway areas, including the adjacent property up to the entrance gate, A reciprocal
access agreement for shared use of the driveway will be established as part of the
conditions of approval.
Staff stated the development will include landscaping throughout consisting of trees,
shrubs, and vines along the entire frontage, and a rear wall with a 3-ft. wrought iron fence
along the front property line, The variance in this area would be from the Montgomery
Specific Plan requirement of 15-ft, to 8-ft. plus 2-ft. within the right-of-way for a total of 10-
ft. Staff also stated that the building would be located at a zero property line as opposed
to a 10-ft. setback requirement, which the zoning would normally require.
The architecture of the sales office building will utilize a combination of stucco, roof tile,
and storefront windows and doors, The signage will consist of individual channel letters on
the element above the main entrance, There is no monument signage, pylon or
freestanding pole signage that is being proposed,
STAFF RECOMMENDATION:
Staff is recommending approval of the project subject to the conditions of approval, which
will allow this project to go before the Planning Commission for the variance and the use
as a car lot.
COMMITTEE DISCUSSIONS:
Member Alberdi asked what was behind the zero lot line.
Staff stated it was directly adjacent to the trucking yard, which is an old grand fathered use
that the property owner has been able to continue. It is also zoned CT and staff would
hope at some point it would be eliminated.
Chair Aguilar inquired about the fencing of this project.
Staff stated the applicant is proposing a vine treatment and lattice system to support the
existing fence. The existing fence for the most part is on the adjacent property. The
applicant is not adding any new fencing,
Member Alberdi asked if the fence would be painted,
Staff responded if the applicant could work with adjacent property owner it might be a
possibility to paint the fence before the vine treatment is added on to the fence.
Member Alberdi approved of the project he felt the applicant had done a wonderful job with
the design in keeping it simple and felt that it would be a nice enhancement.
J:IHOMEIPLANNINGIROSEMARIEIDRCIMINS-17-02 ó2-f'i
. -.
Design Review Committee f
Minutes June 17. 2002
Vice Chair Araiza approved of the project he liked the design.
Chair Aguilar approved of the project and felt it would be a vast improvement to what is
currently there, Her only concern was with the fencing. Even though the fence did not
belong to the applicant, she encouraged the applicant to work with the adjacent property
owner in order to get their permission to paint the fence just on the applicant's side.
MSC (Alberdi/Aguilar) (3-0-0-2) to approve DRC-02-28 with the conditions as stated
in the staff report with an added condition that states the existing fence shall be
finished with some attractive consistency. Motion Carried.
F. STAFF COMMENTS:
Mr. John Schmitz, Principal Planner stated with regard to the Otay Lakes Car Wash
project, and comments made by Mr. Fila conceming the public noticing of the project and
his lack of contact by staff, Mr. Schmitz stated that the Planning Department had up until
recently been understaffed. If there were lapses in between he apologized, but the
department had been functioning to the best of it's ability and they had now hired a new
Associate Planner, Michael Walker and Kim Vander Bie had returned from personnel
leave after 8 weeks of being off, Carolyn Lewis, Planning Technician III had been filling in
while doing her own job as plan checker, as well as monitoring the front counter. Mr.
Schmitz stated that things should be back to normal with a full staff,
In addition, to some other projects that staff was working on Mr, Schmitz stated he hoped
to get the noticing posting accomplished this summer,
G. MEMBER COMMENTS:
Chair Aguilar responded that she knew staff was very responsive especially to notice
issues and tried to convey that to Mr. Fila,
Member Alberdi also stated the resident could have come to the front counter of the
Planning Department to get the information, as well as leaving messages,
The Committee Members thought that the noticing posting was a good idea and would be
beneficial to the residents in the community,
Chair Aguilar stated she would not be attending the July 1s1 DRC meeting, as she would
be on vacation,
H. ADJOURNMENT: The meeting was adjourned at 6:20 p.m. to a regular meeting on
Monday, July 1, 2002 at 4:30 p.m. in Council Chambers,
Prepared by:
Rosemarie Rice, Recorder
J :IHOMEIPLAN NINGIROS EMARIEIDR CIMI N6-17 -02 c:J-f9
Recording Requested By:
CHULA VISTA REDEVELOPMENT AGENCY
276 Fourth Avenue
Chula Vista, CA 91910
When Recorded Mail To:
CHULA VISTA REDEVELOPMENT AGENCY
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Judi Bell
(Space Above This Line For Recorder)
APN: 622-111-64
OWNER PARTICIPATION AGREEMENT
Ernest L, and Patricia A. Duran, Owners
2620 Main Street
THIS AGREEMENT Is entered into by the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a
public body corporate and politic (hereinafter referred to as "AGENCY"), and Ernest L. and Patricia A. Duran, Subject
Property Owner hereinafter referred to as "DEVELOPER") effective as of August 6, 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 a 420-square foot building and the associates parking, access and
circulation, and landscape 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 Reyiew 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 622.111.64 located at
2620 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 deyelopment of the Project. DEVELOPER further agrees
that this Agreement is contingent upon DEVELOPER securing said permits and approvals.
DEVELOPER shall pay all applicable development impact and processing fees.
cJ -~ 0
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 buiiding permits, in the event DEVELOPER fails to meet these deadlines,
the Agency's approvai of DEVELOPER's deyelopment 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 himse/~ his heirs, executors,
administrators and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation o~ any
person or group of persons on account of race, cofo~ creed, national origin
or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure,
or enjoyment of the premises herein conveyed, nor shall the grantee
himself or any persons claiming under or through him establish or permit
any such practice of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees,
subtenant lessees, or vendees in the premises herein conveyed. The
foregoing covenants shall run with the land, "
E, In all leases demising an interest in all or any part of the Property, the following language
shall appear:
"The lessee herein covenants by and for himsel~ his heirs, executors,
administrators and assigns, and all persons claiming under or through him,
and this lease is made and accepted upon and subject to the following
conditions:
That there shall be no discrimination against or segregation o~ any person
or group of persons, on account of race, color, creed, national origin, or
ancestry, in the leasing, subleasing, transferring use, occupancy, tenure,
or enjoyment of the premises herein leased, norshallthelesseehimse/for
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 Special Use Permit SUPS-02-04 and
Zone Variance ZAV -02-05 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 soie 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 hereatterenacted, issued or promulgated
by federal, state, county, municipal, and other governmental agencies, bodies and courts
having or claiming jurisdiction and all their respective departments, bureaus, and officials.
c:2 -~ (
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.
ß, 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 haye the right, without prior approval of AGENCY, to assign its
rights and delegate its duties under this Agreement.
6. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein are for
the express benefit of the AGENCY and for all owners of real property within the boundaries of the
PROJECT AREA as the same now exists ormay be hereafter amended. AGENCY and DEVELOPER
agree that the provisions of this Agreement may be specifically enforced in any court of competent
jurisdiction by the AGENCY on its own behalf or on behalf of any owner of real property within the
boundaries of the PROJECT AREA.
7. AGENCY and DEVELOPER agree that this Agreement may be recorded by the AGENCY in the Office
of the County Recorder of San Diego County, California,
8. DEVELOPER shall and does hereby agree to indemnify, protect, defend and hold harmless AGENCY
and the City of Chula Vista, and their respective Council members, officers, employees, agents and
representatives, from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and reasonable attorneys' fees (collectively, "liabilities") incurred by the AGENCY
arising, directly or indirectly, from (a) AGENCY's approval of this Agreement, (b) AGENCY's or City's
approyal or issuance of any other permit or action, whether discretionary or non-discretionary, in
connection with the Project contemplated herein, and (c) DEVELOPER's construction and operation of
the Project permitted hereby.
9, In the event of any dispute between the parties with respect to the obligations under this AGREEMENT
that results in litigation, the prevailing party shall be entitled to recover its reasonable attorney's fees
and court costs from the non-prevailing party.
,;¿-~d-..
10. Time is of the essence for each and every obligation hereunder.
11, If DEVELOPER fails to fulfill its obligations hereunder after due notice and reasonable opportunity to
cure, DEVELOPER shali be in default hereunder, and in addition to any and all other rights and
remedies AGENCY may haye, at law or in equity, AGENCY shall have the right to terminate its
approval of the Project and this Agreement.
Signature Page Follows
ol-..l3
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
DATED: 7 /a--:l~ By ;p~
Ernest L. Duran, Property Owner
DATED: 1--//30.3 )6~ By: ~Q :Ii, ~UJìCl¡V'-'
Patricia A. Duran, Property Owner
NOTARY: Please attach acknowledgment card.
APPROVED AS TO FORM BY:
John M, Kaheny, Agency Attorney
ól-~cf
CALIFORNIA ALL. PURPOSE ACKNOWLEDGMENT
State of California }
County of S/W 0 í r:.:G ò ss.
On -::;/2.3/62- , before me, IhrTV¡).-{f'Ù M e:u; ~L
Dato N'maacdTiliaoIOlli"'I,.g.,'J,e,Doa,Nola~P"blid1
personally appeared PcdrZ.¡C,',4 ANA! OuilM.! AfV() 612lùE<:;//j:;;;; Do;.,¡1/IJ
Namal') 01 Sige"I'1
~erSOnallY known to me
roved to me on the basis of satisfactory
vidence
to be the person(s) whose name(s) is/are
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- II. r ! ~~ acknowledged to me that he/she/they executed
----- the same in his/her/their authorized
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the entity upon behalf of which the person(s)
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1 ". Alf[UMN MERRIll
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Though the information below is not required by law, it may prove vaiuabie to persons reiying on the document
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Description of Attached D~cument f) " ,. Æ r-;--
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D Individual , Top :, thumb he"
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Signer Is Representing:
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ANITA 5T
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PROJECT
LOCATION
) CHULA ~
~ VISTA
SElf
SEWING t STORAGE
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SERV1CES
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
Œ) APPLlCAN1'. ER--JEST&PA1RIClAIYJRAN DESIGN REVIEW
Ä~g~i~1: 2620 MAIN STREET Request: Proposal for office and storage building for
. Ernie's Auto sales in the southwest Redevelopment
SCALE: I FilE NUMBER: area. ~ - 3-1
. NORTH No Scale I DRC-O2-28 Relatedêases: SUPS-O2-04, ZAV-02-50, IS-O2-21
j:\home\planning\cherrylc\locators\drc0228,cdr 05.22.02
PAGE 1, ITEM NO.: ..3
MEETING DATE: 08-06-02
JOINT REDEVELOPMENT AGENCY / CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE: JOINT PUBLIC HEARING TO CONSIDER THE FOURTH AMENDMENT
TO THE SOUTHWEST REDEVELOPMENT PROJECT
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR C ,
REVIEWED BY: EXECUTIVE DIRECTOR. "'-
V¡V
4/5THS VOTE: YESDNO~
BACKGROUND
The Southwest Redevelopment Plan was odopted on November 27, 1990 in order to improve
deterioroted properties in the oreas olong Main Street, south Broodway, ond south Third Avenue,
Since its adoption, the Redevelopment Plan has authorized the use of eminent domain to acquire
property within the Southwest Redevelopment Project Areo. Pursuant to the Colifornio
Community Redevelopment Law and the Redevelopment Plan, the Agency's eminent domoin
authority is restricted to an initial 12-year time period following the effective date of the ordinance
adopting the Redevelopment Plan. The Redevelopment Plan's eminent domain authority is
scheduled to expire on November 27,2002.
Redevelopment Low allows the City Council to extend this time limit for up to an additional 12
years by omending the Redevelopment Pion. Though it has been sparingly used by the Agency in
the Project Areo, eminent domoin is a critical tool needed by the Agency to effectuate the
redevelopment of blighted properties in the Project Areo. Specifically, eminent domoin can be an
essential odjunct to property acquisition negotiations involving redevelopment of incompatible
uses, inadequotely sized lots, and dilapidoted buildings.
Tonight's joint public hearing will be held by the Agency/City Council to take public testimony.
The actions taken tonight ond on subsequent dates are described loter in this report. Prior to
opening the ¡oint public heoring tonight, staff will present and introduce the Report to the City
Council ond the Fourth Amendment to the Southwest Redevelopment Project.
RECOMMENDATION
That the City Council and Redevelopment Agency open and hold the joint public hearing to
receive testimony on the proposed Fourth Amendment to the Southwest Redevelopment Plan.
Staff will return in September for Agency/Council considerotion of the negotive declarotion, the
Report to City Council, and the Fourth Amendment to the Southwest Redevelopment Project.
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MEETING DATE: 08-06-02
JOINT PUBLIC HEARING
Sections 33451, 33454, and 33458 of the Colifornia Community Redevelopment Low ("CRL")
require that the Agency and the City Council hold public heorings (or a joint public hearing) prior
to adopting the Fourth Amendment to the Southwest Redevelopment Pion.
On June 4, 2002, the Redevelopment Agency/City Council initiated the process to amend the
Southwest Redevelopment Plan to extend the power of eminent domain for another twelve-year
period through September 2014. At that meeting the Agency/City Council set the time and place
for a joint public hearing to consider the proposed amendment and take public testimony for
August 6,2002.
On July 23, 2002, the Redevelopment Agency adopted a resolution approving the Report on the
proposed Fourth Amendment and transmitting that report to the City Council for their
consideration at tonight's meeting. The purpose of the Report is to provide the information,
documentation, and evidence required to support the odoption of the amendment to the
Southwest Redevelopment Pion extending the eminent domain authority.
On September 3, 2002, a resolution will be presented for adoption to the Redevelopment Agency
approving the Negative Declaration prepared on the amendment and approving written
responses to written objections. On that same date the City Council will conduct the first reading
of the ordinance, consider the Negative Declaration ond written responses to written objections
from the public. On September 17, 2002, the City Council will consider the second reading of
the ordinonce and, if opproved, formally odopt the Fourth Amendment to the Southwest Plan
extending the Agency's power of eminent domain for twelve years through September 17, 2014.
PUBLIC INFORMATION PROGRAM
The California Redevelopment Law also requires the Agency to conduct public hearing to inform
the public of the omendment, the process to be followed by the Agency/City Council, and to
receive public testimony. Staff has been following the law and hos notified the community of the
proposed amendment. The following octions hove been token in this respect. Notice of the
hearing, along with an introductory letter from the City Manager, was mailed via first closs on
July 2, 2002 to all properly owners, residential tenonts, and business tenants located within the
Southwest Redevelopment Project Areo. The notice and letter from the City Manoger were in
English ond Spanish. Taxing ogencies olso were mailed 0 copy of the notice on July 5, 2002.
Additionally, the notice wos also published in one of the local popers, as required by law. On
July 21, it was published in the San Diego Union Tribune, and on July 26, and August 3,2002 in
the Chula Vista Star News.
If any written objections to the Amendment are received, the public testimony portion of the joint
public heoring may be closed and Agency stoff must then prepore written responses to written
objections, as required by the California Redevelopment Law. These responses will then be
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MEETING DATE: 08-06-02
presented at the September 3, 2002 meeting, entered into the record and adopted by City
Council resolution. Section 33364 of the CRL requires that a redevelopment plan, or on
amendment to a redevelopment plan, may only be adopted by the City Council after
considerotion of written objections, ond the odoption of written findings in response to written
objections.
Staff hos received numerous phone calls ond visits from property and business owners,
porticularly, residential owners inquiring as to the notice; most of them seek clarificotion on the
information on the notice and to confirm that their residential property will not be token. As of
the preparation of this report, only one written response hos been received by staff. The letter
requests the City not to extend the eminent domoin period to September 2014, because the
owners do not want their property ond business taken by the City through eminent domain. Staff
will prepare a response and will present it at the Agency/City Council meeting on September 3,
2002.
FISCAL IMPACT
No fiscal impact is expected from tonight's octions,
File: J:\Commdev\Stoff.rep\Oa.06-02\Report on Publ;c Hear;ng on Fourth Amendment.doc [07/3112002 2:31 PM]
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