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Home My WebLink AboutRDA Packet 2004/08/03 ~(ft- ----..- - CIlY OF CHUlA VISTA TUESDAY, AUGUST 3,2004 COUNCIL CHAMBERS 4:00 P.M. PUBLIC SERVICES BUILDING !immediately following the City Council meeting) ADJOURNED MEETING OF THE PUBLIC FINANCING AUTHORITY MEETING JOINTLY WITH THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council/Public Financing Authority Members Davis, McCann, Rindone, Salas; Chair/Mayor Padilla CONSENT CALENDAR The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the Council/Agency by one motion without discussion unless an Council/Agency member, a member of the public or City staft 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 Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Public Hearing items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES - July 13,2004; July 20, 2004 2. JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) AND DESIGNATING THE DIRECTOR OF FINANCE/TREASURER AND ASSISTANT DIRECTOR OF FINANCE AS AUTHORIZED SIGNATURES FOR LAIF TRANSACTIONS - The Local Agency Investment Fund (LAIF), a voluntary program created by statute, began in 1977 as an investment alternative for California's local governments and special districts. The City Council approved the use of LAIF as an authorized investment alternative in 1977. The authorized signatures related to LAIF transactions have become outdated. In order to update the authorized signatures, LAIF requires a resolution designating the names and titles of officials authorized to order deposits and withdrawals of LAIF funds. (Director of Finance) STAFF RECOMMENDATION: Council/Agency adopt the resolution. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council/Authority, staff, or members of the general public. The items will be considered individually by the Council/Authority 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 Redevelopment Agency or City Clerk prior to the meeting. 3. JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY RATIFYING THE LIST OF MEMBERS TO SERVE ON THE URBAN CORE SPECIFIC PLAN ADVISORY COMMITTEE - The City is preparing an Urban Core Specific Plan for new development in the northwest area of the City. As part of the planning process, an advisory committee will be established to advise the staff and consultant team on various aspects of the plan. The Council Subcommittee has submitted names of individuals from various backgrounds throughout the region to serve on the Advisory Committee. The item before the City Council is ratification of the list of Urban Core Specific Plan Advisory Committee members. (Community Development Director) STAFF RECOMMENDATION: Council/Agency adopt the resolution. 4. CONSIDERATION OF THE FORMATION OF A 501C3 CORPORATION FOR PURPOSES OF CONDUCTING REDEVELOPMENT AND PLANNING FUNCTIONS AND CONSIDERATION OF OTHER INCIDENTAL DECISIONS RELEVANT TO THE FORMATION OF THE CORPORATION CONTINUED FROM THE MEETING OF JULY 20. 2004 STAFF RECOMMENDATION: Council/Agency continue this item indefinitely. 5. CONSIDERATION OF AMENDMENTS TO THE MASTER PLAN AND THE DESIGN BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR RENOVATIONS TO THE CITY'S CIVIC CENTER COMPLEX The Council previously approved project no. GG-139, which involves the renovation of the Civic Center Complex. Since the execution of the design/build agreement with Highland Partnership, Inc., a number of substantive design changes have been proposed that will result in higher costs, but will add significant value to the overall project. Adoption of the resolution approves the proposed amendments to the Master Plan and to the Redevelopment Agency, August 3, 2004 Page 2 design/build agreement with Highland Partnership, Inc. (Director of General Services) CONTINUED FROM THE MEETING OF JULY 13. 2004 STAFF RECOMMENDATION: Council adopt the following resolutions: a. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDED MITIGATED NEGATIVE DECLARATION AND AMENDING THE CIVIC CENTER MASTER PLAN b. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. (HPI) FOR THE PROVISION OF SERVICES REQUIRED FOR THE DESIGN AND CONSTRUCTION OF RENOVATIONS TO THE CITY'S CIVIC CENTER COMPLEX PURSUANT TO THE AMENDED MASTER PLAN; APPROVE THE GUARANTEED MAXIMUM PRICE OF $38,346,000 FOR DESIGN/BUILD SERVICES FOR THE RENOVATIONS OF THE CIVIC CENTER COMPLEX AND AUTHORIZE THE MAYOR TO EXECUTE SAID AMENDMENT TO THE AGREEMENT 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. 6. CONSIDERATION OF THE EXECUTION, SALE AND DELIVERY OF CERTIFICATES OF PARTICIPATION IN ORDER TO FINANCE CERTAIN PUBLIC CAPITAL IMPROVEMENTS The Council has previously approved a capital project to renovate the Civic Center Complex, and directed staff to return with recommended long-term financing. This financing plan includes funding for the first phase of the Civic Center Complex renovation (Demolition and Construction of City Hall) and infrastructure improvements in Western Chula Vista. Staff is recommending approval of a long-term borrowing by issuing Certificates of Participation in an amount not-to-exceed $39,000,000. [Director of Finance/Treasurer] CONTINUED FROM THE MEETING OF JULY 13, 2004 STAFF RECOMMENDATION: Council adopt resolutions (a) and (b); and Public Financing Authority adopt the resolutions (c) and (d): a. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUIRED FINDINGS AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SALE AND DELIVERY OF NOT-TO-EXCEED $29,000,000 2004 CERTIFICATES OF PARTICIPATION, (CIVIC CENTER Redevelopment Agency, August 3, 2004 Page 3 PROJECT - PHASE 1), APPROPRIATING $15,955,550 FROM BOND PROCEEDS AND $3,000,000 FROM THE PUBLIC FACILITY DEVELOPMENT IMPACT FUND (PFDIF) TO THE CIVIC CENTER COMPLEX PROJECT (GG-139), AND REIMBURSING UP TO $6,820,450 TO THE PFDIF FUND FOR MONIES PREVIOUSLY SPENT ON THE PROJECT BASED ON ANTICIPATED PROCEEDS FROM THE SALE OF THE CERTIFICATES OF PARTICIPATION, AND AUTHORIZING CERTAIN DOCUMENTS AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH 4/5THS VOTE REQUIRED b. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUIRED FINDINGS AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SALE AND DELIVERY OF NOT-TO-EXCEED $12,000,000 2004 CERTIFICATES OF PARTICIPATION, (WESTERN CHULA VISTA INFRASTRUCTURE PROJECT), APPROPRIATING $9,000,000 FROM PROCEEDS TO THE WESTERN CHULA VISTA INFRASTRUCTURE PROJECT (GG-188), AND AUTHORIZING CERTAIN DOCUMENTS AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH 4/5THS VOTE REQUIRED c. RESOLUTION OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY APPROVING A LEASE/PURCHASE AGREEMENT WITH THE CITY OF CHULA VISTA AND CERTAIN OTHER DOCUMENTS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE 2004 CERTIFICATES OF PARTICIPATION (CIVIC CENTER PROJECT - PHASE I) IN A PRINCIPAL AMOUNT NOT-TO-EXCEED $29,000,000 4/5THS VOTE REQUIRED d. RESOLUTION OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY APPROVING A LEASE/PURCHASE AGREEMENT WITH THE CITY OF CHULA VISTA AND CERTAIN OTHER DOCUMENTS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE 2004 CERTIFICATES OF PARTICIPATION (WESTERN CHULA VISTA INFRASTRUCTURE PROJECT) IN A PRINCIPAL AMOUNT NOT-TO-EXCEED $12,000,000 4/5THS VOTE REQUIRED 7. CONSIDERATION OF (A) RE-ZONING A 1.2-ACRE SITE AT 1030/1034 BROADWAY FROM THE THOROUGHFARE COMMERCIAL PRECISE PLAN (C-T-P) ZONE TO THE CENTRAL COMMERCIAL PRECISE PLAN (C-C-P) Redevelopment Agency, August 3, 2004 Page 4 ZONE, INCLUDING ADOPTION OF PRECISE PLAN STANDARDS ALLOWING REDUCTION IN BUILDING SETBACKS AND PARKING REQUIREMENTS; (B) SPECIAL USE PERMIT TO ALLOW FOR A MIXED-USE PROJECT THAT INCLUDES A 5,000 SQ. FT. OFFICE BUILDING, AND 30 RESIDENTIAL CONDOMINIUM UNITS, ALONG WITH PARKING, OPEN SPACE, ACCESS AND CIRCULATION, AND LANDSCAPED AREAS The applicant is requesting an amendment to the zoning map, rezoning 1.2 acres on the west side of Broadway between Moss and Naples Street from Commercial Thoroughfare, Precise Plan (CTP) to Central Commercial, Precise Plan (CCP). The applicant is also requesting a Special Use Permit to allow the construction and operation of an office commercial/residential mixed-use project at the same location. (Director of Community Development) CONTINUED FROM THE MEETING OF JULY 20. 2004 STAFF RECOMMENDATION: Agency/Council conduct the public hearing; and that (1) Council place the ordinance on first reading; and (2) Agency adopt the resolutions. a. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE NEGATIVE DECLARATION IIS-03-034) AND AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE, REZONING A 1.2 ACRE PARCEL LOCATED AT 1030/1034 BROADWAY FROM THE CTP (THOROUGHFARE COMMERCIAL, PRECISE PLAN) ZONE TO THE CCP (CENTRAL COMMERCIAL, PRECISE PLAN) ZONE AND ADOPTING PRECISE PLAN STANDARDS b. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING SPECIAL USE PERMIT SUPS 04-07 AND DESIGN FOR A MIXED-USE RESIDENTIAL AND OFFICE COMMERCIAL DEVELOPMENT LOCATED AT 1030/1034 BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA OTHER BUSINESS 8. DIRECTOR'S REPORT 9. CHAIR REPORT 10. AGENCY COMMENTS Redevelopment Agency, August 3, 2004 Page 5 ADJOURNMENT The Public Financing Authority will adjourn separately until further notice. The Redevelopment Agency will adjourn to an Adjourned Meeting on August 24, 2004, at 6:00 p.m., in the Council Chambers. 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, August 3, 2004 Page 6 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY AND A SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA July 13, 2004 6:00 P.M. Adjourned Regular Meetings of the City Council and the Redevelopment Agency, and a Special Meeting of the Public Financing Authority of the City of Chula Vista, were called to order at 6:55 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agency/ Authority/Councilmembers Davis, McCann, Rindone, Salas, and Chair/Mayor Padilla ABSENT: Agency/ Authority/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/ Authority/ City Attorney Moore, City Clerk Bigelow CONSENT CALENDAR 1. AGENCY RESOLUTION NO. 1881, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-04-016, AND APPROVING AN OWNER PARTICIPATION AGREEMENT WITH YIR-RUEY AND YUNG CHANG FOR THE DEVELOPMENT OF A 22 ROOM ADDITION AND EXPANSION OF THE RODEWAY INN AT 722 AND 778 BROADWAY WITHIN THE MERGED REDEVELOPMENT PROJECT AREA The applicant proposes to develop a 22-room addition to the existing two and three-story Rodeway Inn located at 778 Broadway. The new additions will be constructed partially on the existing Rodeway Inn property and partially on 772 Broadway, the location of the vacant Moana Court Hotel. The hotel will be demolished to make way for the project. (Community Development Director) Staff recommendation: Agency adopt the resolution. 2. AGENCY RESOLUTION NO. 1882, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN EXTENSION OF THE OPTION TO PURCHASE REAL PROPERTY AGREEMENT AND PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS AND MEMORANDUM OF OPTION FOR PROPERTY OWNED BY MRS. JUDI SHINOHARA IN THE OTAY V ALLEY PROJECT AREA I-I ..-- CONSENT CALENDAR (Continued) In 2000, the Agency entered into a settlement agreement that provided the Agency an option agreement to purchase a 1.6-acre property in the Otay Valley Redevelopment Project Area. The option expires on July 27,2004, but includes the ability to extend for two years. Staff recommends extending the option to purchase the Shinohara stockpile site until July 27, 2006. (Community Development Director) Staffrecommendation: Agency adopt the resolution. ACTION: Agency/ Authority/Councilmember Davis moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARING 3. CONSIDERATION OF THE EXECUTION, SALE AND DELIVERY OF CERTIFICATES OF PARTICIPATION IN ORDER TO FINANCE CERTAIN PUBLIC CAPITAL IMPROVEMENTS (Director of Finance/Treasurer) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Padilla opened the public hearing. There were no members of the public wishing to speak. ACTION: Agency/ Authority/Councilmember Salas moved to continue the hearing to August 3,2004. Agency/Authority/Councilmember McCann seconded the motion, and it carried 5-0. ACTION ITEMS 4. CONSIDERATION OF AMENDMENTS TO THE MASTER PLAN AND THE DESIGN BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INCORPORATED, FOR RENOVATIONS TO THE CITY'S CIVIC CENTER COMPLEX (Director of General Services) ACTION: Chair/Mayor Padilla moved to continue Item 4 to August 3, 2004. Agency/ Authority/Councilmember Davis seconded the motion, and it carried 5-0. OTHER BUSINESS 5. DIRECTOR/CITY MANAGER'S REPORTS There were none. Page 2 CounciliRDAIPFA Minutes 1-;1... 07/13/04 OTHER BUSINESS (Continued) 6. CHAIR/MAYOR'S REPORTS There were none. 7. AGENCY/COUNCILMEMBER COMMENTS There were none. ADJOURNMENT At 6:59 p.m., Chair/Mayor Padilla adjourned the Redevelopment Agency to a Regular Meeting on August 3, 2004, at 4:00 p.m. in the Council Chambers; and the Public Financing Authority to an Adjourned Regular Meeting on August 3, 2004 at 4:00 p.m., in the Council Chambers. ~~~~ Susan Bigelow, MMC, City Clerk I-~ Page 3 Council/RDAIPFA Minutes 07/13/04 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA July 20, 2004 6:00 p.m. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 6:30 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: Davis, McCann, Salas and Chair/Mayor Padilla ABSENT: Agency /Councilmembers: Rindone (excused) ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Moore, and City Clerk Bigelow CONSENT CALENDAR 1. APPROVAL OF MINUTES of May 25,2004, June 1,2004, June 15,2004, and June 23, 2004 Staff recommendation: Agency/Council approve the minutes. 2. AGENCY RESOLUTION NO. 1883, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $51,754 FROM THE AVAILABLE BALANCE OF THE MERGED PROJECT AREA FUND TO COVER ADDITIONAL COSTS OF WASTE DIRT REMOVAL FROM FORMER AGENCY PROPERTY AT 760 BROADWAY In June 2004, the Agency sold the property at 760 Broadway to the Bitterlin Development Corporation. As a condition of the sale, the Agency agreed to remove waste dirt from the site. The Agency obtained an estimate and contracted with Pacific Waste Services; however, the amount of dirt removed from the site was over two times the amount originally estimated. (Community Development Din;ctor) Staff recommendation: Agency adopt the resolution. ACTION: Chair/Mayor Padilla moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. ORAL COMMUNICATIONS There were none. 1- 4 PUBLIC HEARING 3. CONSIDERATION OF (A) RE-ZONING A l.2-ACRE SITE AT 1030/1034 BROADWAY FROM THE THOROUGHFARE COMMERCIAL PRECISE PLAN (C- T-P) ZONE TO THE CENTRAL COMMERCIAL PRECISE PLAN (C-C-P) ZONE, INCLUDING ADOPTION OF PRECISE PLAN STANDARDS ALLOWING REDUCTION IN BUILDING SETBACKS AND PARKING REQUIREMENTS; (B) SPECIAL USE PERMIT TO ALLOW FOR A MIXED-USE PROJECT THAT INCLUDES A 5,000 SQUARE FOOT OFFICE BUILDING, AND 30 RESIDENTIAL CONDOMINIUM UNITS, ALONG WITH PARKING, OPEN SPACE, ACCESS AND CIRCULATION, AND LANDSCAPED AREAS The applicant has requested an amendment to the zoning map to rezone 1.2 acres on the west side of Broadway, between Moss and Naples Street, from Commercial Thoroughfare, Precise Plan (CTP) to Central Commercial, Precise Plan (CCP). The applicant has also requested a Special Use Permit to allow the construction and operation of an office/commercial/residential mixed-use project at the same location. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Padilla opened the public hearing. There were no members of the public wishing to speak. ACTION: Chair/Mayor Padilla moved to continue the hearing to August 3, 2004, at the request of staff. Agency/Councilmember Salas seconded the motion, and it carried 4-0. ACTION ITEMS 4. RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (I) AUTHORIZING THE FORMATION OF A 50lc3 CORPORATION FOR PURPOSES OF CONDUCTING CHARITABLE BUSINESS IN THE FORM OF REDEVELOPMENT AND PLANNING ACTNITIES WITHIN THE REDEVELOPMENT AREAS OF CHULA VISTA; (2) SELECTING A NAME FOR THE 50lC3 CORPORATION; (3) DIRECTING THE REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR TO ESTABLISH A TECHNICAL COMMITTEE; AND (4) DIRECTING THE TECHNICAL COMMITTEE TO REPORT BACK TO THE CITY COUNCIL BY OCTOBER 2004 WITH DRAFT ARTICLES OF INCORPORATION, BY LAWS AND A PROPOSED OPERATING AGREEMENT On February 3, 2004, the Council/Agency directed staff and consultants to prepare an analysis and discussion paper on the creation of a 501c3 Redevelopment Corporation. As part of the preparation for this report, two facilitated workshops were held on the formation of a 50lc3 Corporation. Staff will present the report conclusions and recommendations from the workshops. (Community Development Director) ACTION: Chair/Mayor Padilla moved to continue Item 4 to the meeting of August 3, 2004, at the request of staff. Agency/Councilmember McCann seconded the motion, and it carried 4-0. Page 2 Council/RDA Minutes 1- S- 07/20/04 OTHER BUSINESS 5. DIRECTOR/CITY MANAGER'S REPORTS There were none. 6. CHAIR/MA YOR'S REPORTS There were none. 7. AGENCY/COUNCILMEMBER COMMENTS There were none. ADJOURNMENT At 6:35 p.m., Chair/Mayor Padilla adjourned the meeting to the Regular Meeting of the Redevelopment Agency on August 3, 2004, at 4:00 p.m., immediately following the City Council Meeting in the Council Chambers. ~b.-u~¡(J «> . Susan Bigelow, MMC, City Clerk Page 3 Counci1lRDA Minutes 1- (p 07/20/04 JOINT REDEVELOPMENT/CITY COUNCIL AGENDA STATEMENT Item ~ Meeting Date 8/03/04 ITEM TITLE: JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) AND DESIGNATING THE DIRECTOR OF FINANCE/TREASURER AND ASSISTANT DIRECTOR OF FINANCE AS AUTHORIZED SIGNATURES FOR LAIF TRANSACTIONS. SUBMITTED BY: Director of Fin~ncefTreasur~Î~ t REVIEWED BY: City ManagerW /yt' (4/5ths Vote: Yes _No---X..) The Local Agency Investment Fund (LAIF), a voluntary program created by statute, began in 1977 as an investment alternative for California's local governments and special districts. The City Council approved the use of LAIF as an authorized investment alternative in 1977. The authorized signatures related to LAIF transactions have become outdated. In order to update the authorized signatures, LAIF requires a resolution designating the Names and Titles of officials authorized to order deposits and withdrawals of LAIF funds. RECOMMENDATION: That the City Council and the Redevelopment Agency of the City of Chula Vista adopt a resolution authorizing investment of monies in the Local Agency Investment Fund (LAIF) and designating the Director of FinancefTreasurer and Assistant Director of Finance as authorized signatures for LAIF transactions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Investors in LAIF have grown from 293 participants and $468 million in 1977 to 2,750 participants and $21.9 billion in 2004. The City and Agency have a combined balance of $28.4 million invested in LAIF as of July 20, 2004 at a rate of 1.469%. This item is necessary to designate the Names and Titles of officials authorized to order deposits and withdrawals of LAIF funds by resolution. The City primarily uses LAIF to meet short-term obligations. The Local Agency Investment Fund (LAIF), a voluntary program created by statute, began in 1977 as an investment alternative for California's local governments and special districts. This program offers participating agencies the opportunity to participate in a major portfolio which daily invests hundreds of millions of dollars, using the investment expertise of the State Treasurer's Office Investment staff at no additional cost to the taxpayer. The LAIF is part of the Pooled Money Investment Account (PMIA). The PMIA began in 0"2 -I Page 2, Item ~ Meeting Date 6/15/04 1953 and has oversight provided by the Pooled Money Investment Board (PMIB) and an in-house Investment Committee. The PMIB Board members are the State Treasurer, Director of Finance, and State Controller. The LAIF has oversight by the Local Investment Advisory Board (LlAB). The Board consists of five members as designated by Statute. The Chairman is the State Treasurer, or his designated representative. Two members qualified by training and experience in the field of investment or finance, and two members who are Treasurers, finance or fiscal officers or business managers employed by any County, City or local district or municipal corporation of this state, are appointed by the State Treasurer. The term of each appointment is two years or at the pleasure of the appointing authority. All securities are purchased under the authority of the Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third party custodian. All investments are purchased at market, and market valuation is conducted monthly. Additionally, the PMIA has Policies, Goals, and Objectives for the portfolio to make certain that our goals of Safety, Liquidity and Yield are not jeopardized and that prudent management prevails. These policies are formulated by investment staff and reviewed by both the PMIB and the LlAB on an annual basis. FISCAL IMPACT: There is no fiscal impact to the City or to the Agency. This resolution is a "housekeeping item" necessary to authorize new signatures for the LAIF accounts. o?-~ AGENCY RESOLUTION NO _ .AND COUNCIL RESOLUTION - JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) AND DESIGNATING THE DIRECTOR OF FINANCE/TREASURER AND ASSISTANT DIRECTOR OF FINANCE AS AUTHORIZED SIGNATURES FOR LAIF TRANSACTIONS. WHEREAS, Pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council and the Redevelopment Agency does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interests of the City OfChula Vista and the Redevelopment Agency of the City ofChula Vista. NOW, THEREFORE, BE IT RESOLVED that the City Council and Redevelopment Agency of the City of Chula Vista does hereby authorize the deposit and withdrawal of City of Chula Vista and Redevelopment Agency of the City of Chula Vista monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office for all banking information provided in that regard. BE IT FURTHER RESOLVED, that the following City of Chula Vista and Redevelopment Agency of the City of Chula Vista officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Maria Kachadoorian Phillip Davis (NAME) (NAME) Director of Finance/Treasurer Assistant Director of Finance (TITLE) (TITLE) (SIGNATURE) (SIGNATURE) City OfChula Vista/Redevelopment Agency Address and Telephone Number 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5051 ext 3414 Presented by Approved as to form by :Do- ë. H- he. Maria Kachadoorian Ann Moore Director of Finance City Attorney ~-..3 PAGE 1, ITEM NO.: ..3 MEETING DATE: 08/03/04 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM TITLE: JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA RATIFYING THE LIST OF MEMBERS TO SERVE ON THE URBAN CORE SPECIFIC PLAN ADVISORY COMMlnEE SUBMITTED BY: COMMUNITY DEVELOP REVIEWED BY: EXECUTIVE DIRECTOR 4/5THS VOTE: YES CJ NO ŒJ BACKGROUND In January 2004, the City initiated preparation of the Urban Core Specific Plan. RRM Design Group was hired as fhe consulfant team to develop fhe Specific Plan with the City. The Urban Core Specific Plan (UCSP) will comprise the neighborhood-level planning documenf for the City's Urban Core and will include development regulations, sfandards and focused design guidelines failored to the various distinct areas wifhin the Urban Core, such as the Downtown Third Avenue, fhe H Sfreet Corridor, Broadway/I-S corridor and adjacenf focus transif areos, and principal gateways such as "H" Street and "E" Street. The specific plan will allow flexibility ond tailoring of deyelopmenf regulations to address issues unique to these districts and will ulfimotely result in sfreamlining of the enfitlement process. As part of the Specific Plan's preparation, an advisory committee will be established to provide odvice to the feom of critical milestones in the process. In May 2004, a Council Subcommittee comprised of Mayor Padilla and Council member Rindone was established to identify candidafe members to participafe on fhe advisory committee. The Council Subcommittee members have met several times with staff and deyeloped a recommended list of advisory committee members. This report presenfs the candidate list of adyisory committee members, as well as the expected general function of the Advisory Committee. RECOMMENDATION It is recommended thaf the City Council adopt fhe resolufion ratifying the list of members fo participafe on fhe Urban Core Advisory Committee. BOARDS/COMMISSIONS RECOMMENDATION Not applicoble. .3 -I PAGE 2, ITEM NO.: .3 MEETING DATE: 08/03/04 DISCUSSION Preparafion of fhe UCSP includes public participation early on and fhroughout fhe process to idenfify issues and opportunities and fo establish a shared vision for fhe Urban Core including the Downfown and surrounding areas. The UCSP Advisory Committee will be one criticol component of the public participofion program and is proposed fo include individuals with a wide arroy of perspectives bofh locolly and regionolly. The UCSP Advisory Committee will help fhe City further define the vision for fhe Urbon Core. The Committee will include Mayor Padillo and Councilmember Rindone and fhe City Monager. In addifion, sixteen addifional candidafes are being recommended fo comprise the UCSP Adyisory Committee and are identified below. The candidates include residenfs of Chula Vista, current and past members of business associafions as well as professionals involved in various aspects of development (e.g. refail, housing, resfaurant and art) fhroughout fhe City and region. The sum of fhe individuals will provide the breadfh of viewpoinfs, interests, and ideas fhaf will ensure stimulafing discussions fhroughout the planning process. NAME PAST/PRESENT CHULA VISTA AFFILIATION/PROFESSION RESIDENT Brett Dovis Downfown Business Association X Sharon Floyd Town Centre Project Area Committee, Crossroads, X Environmenfal Healfh Coolifion Dr. Richard Freeman Downtown Business Associofion X Henri Harb Chamber of Commerce, Added Area Project Area X Committee Tom Hom Business Owner, Develooer X Gary Nordstrom Chamber of Commerce, General Plan Updafe X Steerina Committee Diane Carpenter Teacher X Pedro Romero, Jr. Enfrepreneur X GreQ Mattson Downtown Business Association, Business Owner Colfon Sudberry Retail Developer Bill Ostrem Residential Develooer Manuel Oncina Architect Nikki Clay Business Owner Pefer Mobrey Health Provider (Scripps) Tracy Borkum Restauranf Owner Debi Owens Artist, Business Owner J..d-. -. PAGE 3, ITEM NO.: 3 MEETING DATE: 08/03/04 UCSP ADVISORY COMMITIEE GENERAL FUNCTIONS The UCSP Advisory Committee will serve primorily to ensure that the broad-based interests and desires of fhe community are reflected in fhe proposed UCSP, and to also ensure fhat the plan will provide sufficienf excifement and flexibility fo attract new capital investmenf info fhe urban core. Their general functions and duties would include . Provide a collaborative framework and facilitafe communicafion among the various stakeholders by providing a venue for shoring information, issues, and fhe perspectives of diverse inferests in the community. . Review and provide input on overarching goals & objectives for the UCSP. . Provide a sounding board for the vorious major work products being developed as part of fhe UCSP process. . Identify linkages between of her major planning efforts and (e.g. Bayfront Masfer Plan) and work fo creafe balance and address conflicts. The firsf major planning milestone will be participafion at a mulfi-doy Visioning Charrette which is anficipated to occur August 12-13. Following fhe Charrette, the first in a series of public workshops will then be scheduled. Inpuf from the Charrette, as well as the public workshop, will result in the preparafion of a draft Vision Posfer which will be reviewed by the Advisory Committee. The final Vision Poster will provide the framework for fhe Specific Plan's draft development regulotions, standards, and design guidelines. Following the initial Charrette, it is expected fhaf fhe Advisory Committee will meef monthly fo review and commenf on all major draft work products prepared by the staff and consultant team. FISCAL IMPACT This resolufion will not have a fiscal impact. Participation on fhe Advisory Committee is on a yolunfeer basis. J:ICOMMOEVISTAFF.REPIO7-27-04IUCSP Advisory Committee .dOC ..1 -3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA RATIFYING THE LIST OF MEMBERS TO SERVE ON THE URBAN CORE SPECIFIC PLAN ADVISORY COMMITTEE WHEREAS, on May 27, 2003, the City Council and Redevelopment Agency approved a resolution to initiate the preparation of the Urban Core Specific Plan; and WHEREAS, the City anticipates that the Urban Core Specific Plan (UCSP) will serve as the precise planning mechanism to direct and guide the development of the Urban Core, including the Downtown and surrounding areas, by directly regulating land use and establishing a focused development scheme and process for the area; and WHEREAS, after the duly appointed Selection Committee completed their review of the proposals and interviewed the four (4) top rated consultant firms, the Selection Committee selected RRM Design Group as the Consultant to provide the required planning and urban design consulting services, and; WHEREAS, on January 13, 2004, entered into a two-party agreement with RRM design Group to prepare the Urban Core Specific Plan; and WHEREAS, as part of the UCSP Work Program, an advisory committee was proposed to be established to provide guidance to the staff and consultant team during the duration of the planning process; and WHERAS, on May 11, 2004, the City Council and Redevelopment Agency appointed a Council Subcommittee comprised of Mayor Padilla and Councilmember Rindone to make recommendations for candidate members to serve on the advisory committee ("UCSP Advisory Committee"); WHEREAS, the Council/Agency Subcommittee have met several times and have developed a list of a recommended advisory committee members. NOW, THEREFORE, BE IT RESOLVED that the City Council and Redevelopment Agency of the City of Chula Vista do hereby adopt this resolution ratifying the list of members to serve on the UCSP Advisory Committee for the duration of the preparation of the Urban Core Specific Plan. PRESENTED BY APPROVED AS TO FORM BY LAURIE MADIGAN ANN MOORE DIRECTOR OF COMMUNITY DEVELOPMENT CITY ATTORNEY J:ICOMMOEVIRESOSIO8-03-04IUCSP RESO.OOC ~-c./ JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT ITEM NO.: 4- MEETING DATE: 08/03/04 ITEM TITLE: CONSIDERATION OF THE FORMATION OF A 501C3 CORPORATION FOR PURPOSES OF CONDUCTING REDEVELOPMENT AND PLANNING FUNCTIONS AND CONSIDERATION OF OTHER INCIDENTAL DECISIONS RELEVANT TO THE FORMATION OF THE CORPORATION SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR REVIEWED BY: EXECUTIVE DIRECTOR 4/5THS VOTE: YES D NO ~ Staff recommends thaf fhe Council/Agency continue fhis ifem indefinitely. COUNCIL AGENDA STATEMENT Item: S Meeting Date: 8/3/04 ITEM TITLE: Resolution adopting the amended Mitigated Negative Declaration and amending the Civic Center Master Plan. Resolution approving the first amendment to the Design Build Agreement with Highland Partnership, Inc. (HPI) for the provision of services required for the design and construction of renovations to the City's Civic Center Complex pursuant to the amended Master Plan; approve the Guaranteed Maximum Price of $38,346,000 for DesignlBuild Services for the renovations of the Civic Center Complex and authorize the Mayor to execute said amendment to the agreement. SUBMITTED BY: Jack Griffin, Director of General Services ~~. G~ V~ REVIEWED BY: City Manager ~ I (4/5thsVote:Yes_No.K...) The City Council previously approved CIP project GG-139 which involves the renovation of the Civic Center Complex. A Master Plan for the renovations was approved in July of 2001. On February 18, 2003 the City Council approved a Design Build Agreement ("Agreement") with HPI and appropriated sufficient funds to undertake the design ofthe project. Since the execution of the Agreement, design activities on the project have proceeded. During this phase of activity, a number of substantive changes have been proposed with respect to the design of the complex that will result in higher costs than originally contemplated but add significant value to the overall project. RECOMMENDATION: That the City Council approve the resolutions adopting the amended Mitigated Negative Declaration and amending the Civic Center Master Plan and approving the First Amendment to the Design Build Agreement with Highland Partnership, Inc. (HPI) for the provision of services required for the design and construction of renovations to the City's Civic Center Complex pursuant to the amended Master Plan, approve the Guaranteed Maximum Price for the renovations of the Civic Center Complex, and authorize the Mayor to execute said amendment to the Agreement. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission unanimously approved the revised Mitigated Negative Declaration with respect to the proposed changes to the Master Plan on November 17, 2003. 5'-1 --- Page 2, Item: S Meeting Date: 8/3/04 BACKGROUND: In July of 2001, the Final Master Plan for the renovations to the Civic Center was presented to and approved by Council. These renovations include City Hall, the Public Services Building, the former Police Department and the demolition of the Legislative Building and the Community Development Building. The proposed modifications to the Master Plan modify the project to provide for the demolition and construction of a new City Hall and renovations to the Public Services Building and former Police Department. With the completion of the new Police Facility, the former Police Facility becomes available to the City for temporary offices while the other buildings in the Civic Center complex are renovated (City Hall and Public Services Building) or removed (Legislative Building and Community Development Building). The first component of the project will be the demolition and reconstruction of City Hall. Upon completion of City Hall, the Public Services Building will be renovated. Finally, the current Police Department building will be renovated. All of these improvements will enable the City to enhance the services it provides to the public, make the public's ability to undertake business with the City more efficient and provide the City's employees with efficient and productive workspaces. The related surface improvements will provide adequate on-site parking for all City employees and sufficient visitor parking. The approved Master Plan also included a fourth component which is the relocation of existing Fire Station No.1 to the site of the current Ken Lee Building. This component was not intended to be constructed with the remainder of the Civic Center complex and was not included in the original environmental document prepared for the Civic Center Master Plan. The City's General Fund or other appropriate non-development impact fee funds would fund the Fire Station No. I phase. Staff will return to Council at a future date when it appears that both funding and operational functionality require that the relocation of Fire Station No. I be considered for implementation. PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS As proposed, the Design/Build Agreement and First Amendment with Highland Partnership, Inc. will provide the City with fully functional buildings within the Civic Center complex. The building and site improvements are more fully described in the revised Master Plan and amended Design/Build agreement. The cost of the renovations of the Civic Center complex is based on the GMP for the entire complex and shall not exceed the amount set forth in the amended agreement. This price includes all soft and hard costs necessary to provide fully completed and functional facilities and includes, but is not limited to, the cost of labor, equipment and material, the design/build fixed fee (which includes fees and expenses of any type associated with the completion of the project, and will be discussed in detail later in this report and contingency fund). Any costs in excess of the GMP shall be the responsibility ofHPI unless otherwise approved by the City. The original agreement provided that the GMP, to be submitted by HPI when the Design Development phase has been completed, would not exceed $28,081,000. During the course of the design activities and the significant changes in scope that are proposed, the proposed GMP is being recommended to increase to $38,346,000. The GMP does not include D/B reimbursables. The reasons for this increase are discussed below. This amount includes all design costs, all hard construction costs, 5" -d.. Page 3, Item: ~ Meeting Date: 8/3/04 Design/Builder fees and Design/Builder contingencies. It does not include DesignlBuilders reimbursables, direct City costs, City provided FF &E, City insurance or City contingencies. The Project is being broken into three (3) Components reflecting the three (3) buildings that are being renovated. Component A Demolition and Reconstruction of City Hall and Temporary Renovation of Former Police Facility including construction of new Council Chambers within City Hall Design of City Hall Renovations $ 1,299,000 Design of Temporary Renovations to Current PD $ 65,000 Development Staff Costs $ 120,000 DesignlBuilders Fee (Design) $ 240,000 Design/Builders Fee (Construction) $ 680,000 Design Builders Reimbursables $ 199,000 Construction Allowance Budgets $ 855,000 General Conditions $ 1,075,000 Demolition and Construction $10,838,000 On-Site Improvements $ 2,117,000 Construction Contingency $ 691.000 Total Design Builder Costs $18,179,000 City Budgeted Allowances (permits, Staff Time Furniture and Equipment, Project Management Services, Contingencies, Other Equipment $ 2,974,000 Project Insurance $ 1,623,000 Total Component A - $22,776,000 Component B Design and Construction of Renovation of Public Services Building (PSB) Design ofPSB Renovations $ 690,000 Design of Temporary Renovations to Current PD $ 10,000 Development Staff Costs $ 75,000 Design/Builders Fee (Design) $ 151,000 DesignlBùilders Fee (Construction) $ 352,000 Design Builders Reimbursables $ 131,000 Construction Allowance Budgets $ 700,000 General Conditions $ 668,000 Renovation ofPSB $ 5,150,000 On-Site Improvements $ 1,298,000 Construction Contingency $ 357 .000 5"-.3 Page 4, Item: ~ Meeting Date: 8/3/04 Total Design Builder Costs $ 9,582,000 City Budgeted Allowances (Permits, Staff Time Furniture and Equipment, Project Management Services, Contingencies, Other Equipment) $ 1,964,000 Project Insurance $ 811,000 Total Component B - $ 12,357,000 Component C Design and Construction of Renovation of Former Police Department Design of Police Department Renovations $ 785,000 Design of Temporary Renovations to Current PD $ 10,000 Development Staff Costs $ 83,000 Design/Builders Fee (Design) $ 166,000 Design/Builders Fee (Construction) $ 409,000 Design Builders Reimbursables $ 142,000 Construction Allowance Budgets $ 200,000 General Conditions $ 739,000 Renovation of Current Police Department $ 6,689,000 On-Site Improvements $ 1,419,000 Construction Contingency $ 415.000 Total Design Builder Costs $11,057,000 City Budgeted Allowances (Permits, Staff Time Furniture and Equipment, Project Management Services, Contingencies, Other Equipment) $ 3,012,000 Project Insurance $ 946,000 Total Component C - $15,015,000 Total Pro;ect Cost - $50.148.000 Council will note that two contingency funds exist. A construction contingency, which HPI may, subject to City Staff approval, use to address change orders submitted by it's subcontractors, and an owner's (City) contingency. The owner's contingency is used by the City when requesting design changes not contemplated in the approved design. The contractor's contingency is estimated at approximately 5% of the project costs, the City's contingency is 2.5% of total project costs. The contractor's contingency is spread evenly throughout the project It is the desire of both the City and HPI to avoid using this contingency fund to the extent possible. At the substantial completion of each component, any unused contingency funds will ~-4 Page 5, Item: ~ Meeting Date: 8/3/04 be rolled into the next component or be returned to the City and reduce the GMP accordingly. Given recent volatility in the construction market which is discussed in much greater detail in the following section, it is likely that any unused contingency would remain within the project until final completion of the entire project. At the final completion of Component C, any unused contingency funds will be returned to the City. PROJECT COST ESCALATION In addition to the project contingency, the amended agreement contemplates an escalation clause due to the recent extreme volatility in the subcontractor and vendor pricing construction field. This volatility has resulted in extremely large increases in costs for some construction materials, ih particular steel, lumber, drywall and concrete. Both the City and HPI recognize that due to the lengthy duration of the project that there could be swings in the costs of materials and labor during the timeframe of the project. To protect both the City and HPI from unexpected large costs increases, a provision has been added to the agreement that should the nationally recognized En¡zineerin¡z News Record 20 City Building Construction Cost Index exceed a historically normal escalation rate of 3%, then either the GMP will be adjusted by the difference and added to the contingency fund, the City may require sufficient value engineering adjustments to compensate for the increase, the City may institute the termination provisions contained within the Design Build Agreement or the City may make transfers within the project budget to address these out of the ordinary cost increases. In the case of the former, Council may be asked for additional appropriation of funds. An increase in the GMP does not necessarily mean that additional appropriations will be needed. As discussed above, HPI cannot utilize the contingency fund without explicit approval of the City. It should also be noted that the reuse of the former Police Department as a temporary home for City Staff as the City Hall and the Public Services Building are renovated results in significant savings as compared to renting a comparable amount of office space on the commercial market. Component A includes a cost of $655,000 for interim improvements to the former Police Department. This matter was addressed in the Civic Center Master Plan and the projected savings at that time were estimated at $1.5 million. The below table summarizes the changes in the projected cost of the project from the time of approval of the Design Build Agreement to this point in time: SCOPE MODIFICATIONS .s-~ Page 6, Item: -.L Meeting Date: 8/3/04 As the design of the project got underway, the issue of the Council Chambers became a major focus of attention very quickly. The original master plan contemplated that the existing Council Chambers in the Public Services Building would be renovated with the rest of the building. As detailed design activities proceeded forward, it became clear that the assumption that the Council Chambers could be renovated in the same location and provide the kind of facility in terms of size, capacity, sight lines, audio/visual technology and accessibility that the City ought to have would be problematic. Recognizing this issue, the design team embarked on an exploration of alternate Council Chambers location. This exploration included both a review of the City's ability to house the Council Chambers within the complex in a different location and also a review of a number of other Council Chambers in the San Diego region. At the conclusion of this exploration, it was concluded that the best place for the Council Chambers would be within the City Hall building itself. This move provides significant operational efficiencies, enhanced security benefits and the only opportunity within the complex to construct a Council Chambers that provides a fully functional facility that will meet both current and future needs. At about the same time, an in-depth structural analysis was being performed on the existing City Hall Building. The original master plan called for the demolition of all of City Hall except the original front portion of the building. The construction methods utilized to construct the original building, unfortunately, did not dovetail structurally, efficiently, or ftom a cost perspective with how the remainder of City Hall would be reconstructed. The original master plan desired to maintain the traditional façade of City Hall. It was determined by the design team that the existing City Hall building should be completely demolished and reconstructed with the traditional front façade being rebuilt to exactly match the original building. The relocation of the Council Chambers, while having a substantial impact on City Hall, also had a "trickle down" impact on the other buildings. To accommodate the Council Chambers and construct the new City Hall within the build-able envelope of land (i.e. between Fire Station No. I and the Legislative Office Building) required the relocation of staff that have always been planned to be housed in City Hall to another building. Specifically, the Human Resources Department is now proposed to be permanently located in the former Police Department as opposed to in City Hall. Since both the Public Services Building and former Police Department are not being expanded but simply renovated almost exclusively within the current exterior walls, this created a space allocation challenge as insufficient space was left to accommodate all required uses including adequate space for expansion. To effectively provide the needed office space, it was determined to renovate the basement of the former Police Department far more extensively than had been originally planned. In addition the Management and Information Systems offices will be expanded in the basement, additional conference rooms, a large training room and improved gym facilities are also proposed to be constructed in the basement. As shown above, the costs of City Hall and former Police Department have accounted for 84% of the project costs increase. The Public Services Building has not materially changed from a budgetary perspective, but it will be far more efficiently planned with the elimination and adaptive reuse of the Council Chambers space as office space. Lastly, as discussed in the Project Escalation section, the basic costs for construction have increased substantially in the past four to six months. These increased costs are not unique to s- fÞ Page 7, Item: ~ Meeting Date: 8/3/04 Chula Vista. A recent article in the San DiefIo Union Tribune (7/10/2004) discussed the 16% increase in costs that the City of Escondido experienced in estimates from approximately one month ago illustrates the conditions under which construction projects are now proceeding. The article is provided as Attachment No.7. Also, in an effort to minimize the effects of these unforeseen increases in material and labor the City and HPI have worked collaboratively to attempt to identify potential project costs savings. Toward that end, over $1.2 million in value engineering project modifications have been made to the project. While significant, these modifications have not negatively impacted functionality and will not prevent the City from constructing high quality facilities. The specific changes to the original Master Plan are shown on Attachment No. I FEES With the revisions in the scope of the project the fixed fee that HPI will receive for the management, oversight and payment of the architectural, engineering and other professional consultants utilized by HPI as well as the construction fixed fee that BPI will receive will be increased. In the original agreement, HPI was to be paid a total fixed fee of$6,721,000. With this fee, BPI covers its overhead, as well as the payment of all architects, engineers (structural, civil, mechanical), space planners, interior designers, landscape architects, lighting and audio/visual consultants, security consultants and other professionals as appropriate. This also includes HPI's overhead costs during the construction phase which, due to the expanded scope and duration of the project, has resulted in higher overhead costs than originally anticipated. In the amended agreement, HPI's fees will now be $3,694,000 for all pre-construction activities (an increase of $107,000) and $3,923,000 for construction services (an increase of $789,000) for a total of $7,617,000. The payment schedule for the fees, as well as the remainder of the project, is shown on Attachment 4. All payments will be made in accordance with a payment schedule that is solely based on the progress of the work. It should be noted that while the project budget categorizes the above as "Design Builders Fixed Fee", this is a bit misleading. The actual fees that HPI will receive for the project are $557,000 for Design (1.81 % of hard construction costs) and $1,441,000 for Construction Services (4.69% of hard construction costs). These fees are consistent with industry standards, are less than the percentage of fees the City paid to HPI for the recently completed Police Headquarters and are comparable to other designlbuild projects the City is currently engaged in. The reasonableness of the proposed fee has been reviewed and recommended by the City's Project Manager, Mr. Kip Howard of Allegis Development Services upon his experience in the designlbuild field. In evaluating the proposed fees, Mr. Howard evaluated those designlbuild projects for which he has had project management oversight and compared them with HPI's proposed fee schedule. Given the complexity of the project in that three separate and distinct existing buildings will be reconstructed or renovated, along with their related site improvements such as parking, landscaping, etc., this percentage is well within a reasonable expectation for such a fee. Please note that HPI's fee also reflect their assumption of risk inherent in the designlbuild process. ~-7 Page 8, Item: -.L.. Meeting Date: 8/3/04 PROJECT CONSTRUCTION. DEMOLITION AND COMPLETION DATES At this point in time, the pre-construction phase is nearly complete. HPI has submitted construction documents, which the City is in the process of reviewing, but other aspects of the design that they were required to provide (master plan confirmation, schematic design and design development plans) have previously been provided. In addition and in accordance with the original agreement, work has already commenced on the first phase of interim improvements in the former Police Department. Below is the anticipated construction schedule for all three components: CONSTRUCTION ADMINISTRATION . Component A (City Hall and interim improvements to current PD) 0 Start Date April 13, 2004 (already underway) 0 Substantial Completion Date - September 21, 2005 . Component B (Public Services Building) 0 Start Date January 9,2006 0 Substantial Completion Date - December 13, 2006 . Component C (Former Police Department) 0 Start Date February 19, 2007 0 Substantial Completion Date - May 7,2008 The completion date for the entire project, which includes demolition of the Community Development Building and Legislative Office Building and final parking and landscaping items, is August 6, 2008. PROJECT FINANCING As noted on page 5 of this report, the total estimated project cost is $50,148,000. As of this date, $5,870,750 has been appropriated from the Public Facilities Development Impact Fee Fund (PFDIF). Of this amount, $1,845,198 was spent on the original Master Plan. The balance of funds, not all of which have yet been expended, are being utilized for all of the design activities as well as the construction ofthe interim improvements in former Police Department. Council will be considering the financing of the project as a separate action immediately following and predicated upon approval of this resolution. ENVIRONMENTAL STATUS S--~ Page 9, Item: Ó Meeting Date: 8/3/04 The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act. Based upon the results of this review, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made or agreed to by the applicant would avoid the effects or mitigate the effects to a point where no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-013. The original Mitigated Negative Declaration for the Civic Center is attached as Attachment No. 2. The amended Mitigated Negative Declaration discussed above is attached as Attachment No. 3. The design and construction of the Civic Center Renovations is in conformance with the approved environmental document as amended. FISCAL IMPACT: Approval of this item will establish the guaranteed maximum price of the project under the provisions of the DesignlBuild Agreement $38,346,000. The total project cost is $50,148,000. It is the intent of the City to fully finance the project through the issuance of bonds or certificates of participation. Based upon the formula established in the Public Facilities Development Fee Amendment (November 2002), the PFDIF will be responsible for 84% of the overall costs ofthe project and the General Fund will be responsible for the remaining 16%. The PFDIF share exceeds the amount that the fee was based on and it is staffs intention to present to the City Council an update of the PFDIF, not exclusively limited to the Civic Center component, upon the completion of City's General Plan update. It is also anticipated that the costs incurred to date by the PFDIF fund will be reimbursed by the proceeds of the financing. Attachments: Attachment No. I - Summary of Master Plan Modifications Attachment No.2 - Original Civic Center Mitigated Negative Declaration Attachment No.3 - Amended Civic Center Mitigated Negative Declaration Attachment No.4 - Amended Guaranteed Maximum Price Summary (Exhibit 9 in original D/B Agreement) Attachment No.5 - Amended Design Build Agreement Attachment No.6 - Amended D/B Agreement Exhibits (Exhibit 2, Civic Center Phasing Schedule, Exhibit 3, Design Consultants Fee Schedule and Exhibit 6, Schedule of Values) Attachment No.7 - San Diego Union Tribune Article on Construction Costs Increases J:IHomelGeneral ServÎCeslGS AdminiSlTationlCouncil AgendalCivic CenterlCivic Center GMP Agenda Statement revised 7 19.doc S-9 ATTACHMENT 1 Civic Center Master Plan Revisions 1. Demolition of the 18,3000 square foot City Hall Building, due to structural and other code considerations, and development of a new one-story 42,455 square foot City Hall Building, including new Council Chambers, in its place. The existing Council Chambers occupying the southern portion of the Public Services Building would be reconfigured and reconstructed to facilitate the conversion of the Council Chambers to office space. The replication of the main entry element of the City Hall Building is a proposed element of the new building in order to maintain the character of the building in accordance with the adopted Master Plan. Modifies Master Plan Drawing (Chapter 5), Page 6-4, Drawing Number A 2.00, City Hall Block Plan (un-numbered drawing), Drawing CO.O2, Page 7-3, Phasing Drawing IC, Page 7-4, Phasing Drawing lIB 2. Existing short-term visitor parking along Memorial Drive, situated between the former Police Department and the Public Services Building was planned to be retained under the Master Plan. This area is now proposed to serve as the Arrival Court, marking the formal arrival to the Civic Center and establishing the formal view corridor into the campus. Although no parking is proposed within the Arrival Court, vehicular access from Fourth Avenue would be retained and a passenger drop-off/pick-up area would be provided. Modifies Master Plan Drawing (Chapter 5) 3. A City vehicle fueling facility is no longer proposed to be constructed on the new Fire Station No. I site. Furthermore, no above-ground or below ground fuel storage tanks are proposed on the site of the new fire station or elsewhere within the Civic Center. Modifies Master Plan Drawing (Chapter 5) and Page 7-6 S-IO A TT ACHMENT 2 Mitigated Negative Declaration MAR - 1 2001 Project Name: Chula Vista Civic Center Master P làn And - PÖliceu-Heaàquarters! Relocation ' ~ . " '-'---- '---, "----'-"---------1 Project Location: Northwest corner of Fourth Avenue and F Street (Civic Center Complex), Southwest corner of Fourth Avenue and F Street (Mercy Site) Southeast corner of Fourth Avenue and F Street (Commercial Site) Southeast corner of Fourth A venue and Davidson Street (Friendship Park Site) Northwest corner of Woodlawn Avenue and F Street (Corporation Yard Site) Assessor Parcel No: 568-110-32,33 (Civic Center Complex) 568-181-37-40,43,44 (Mercy Site) 568-270-03,11,10 (Commercial Site) 568-153-01 (Friendship Park Site) 567-031-27 (Corporation Yard Site) Project Applicant: City of Chula Vista Case No.: IS-OI-O17 Date: December 8, 2000 A. PROJECT SETTING The existing Civic Center Complex is bordered by Fourth Avenue to the east, Davidson Street to the north, and F Street to the south. The Civic Center is already developed and includes Administrative Building, the Public Service Building and the existing Police Headquarters along , with parking and landscaping. A part of the proposed Civic Center Master Plan Update is the construction of a new police headquarters facility. Four locations are being considered for the police headquarters. The setting associated with each of the four alternative sites is discussed below. Mercy. The Mercy site is a 5-acre parcel located at the southwest corner of Fourth Avenue and F Street. The site is fully developed and includes office buildings, an SDG&E substation, surface parking and landscaped areas. The existing administrative offices within the Civic Center are located across F Street to the north. Commercial uses associated with the Commercial site alternative are located on the other side of Fourth A venue to the east Multi-family residences are adjacent to the western boundary of the Mercy site. Single-family homes are adjacent to the south. The City of Chula Vista recently purchased the former Mercy office building and adjacent parking which together ~--II -- represents approximately 1.6 acres of the total 5-acre lot- City staff are currently located in this building. Commercial. The Commercial site is located at the southeast comer of Fourth Avenue and F Street. The site is improved with an office building, a commercial strip center, surface parking and landscaped areas. Surrounding uses include the City of Chula Vista Library to the north, a commercial office building and parking garage-to the east, condominiums to the south and a bank building to the west. The City of Chula Vista owns the EI Dorado Office building which is located on the west end of the site and which represents 0.78 acres of the total 3.28 acre site. Friendship Park. The Friendship Park site encompasses 4.0 acres and is located at the southeast comer of Fourth Avenue and Davidson Street. The site is covered by landscaping and walkways and is used as a passive park for picnicking, reading and informal games. There are no buildings on the site. Surrounding uses include single- family residences to the north and east, the City of Chula Vista Civic Center to the west, and library to the south. Corporation Yard. This 6.0-acre site is located at the northwest corner of F Street and Woodlawn Avenue. The site is currently used by the City of Chula Vista for public works equipment storage and servicing. Uses include administrative offices, garages, vehicle repair facilities, storage areas and aboveground fuels tanks. Surrounding uses include light industrial and multi-family residential to the south, multi-family to the east, hotel and trolley station to the north, and railroad and 1-5 to the west. B. PROJECT DESCRIPTION The proposed project consists of the revision and adoption of the City of Chula Vista Civic Center Master Plan and includes remodeling and expansion of the existing Civic Center complex and the construction of a new City of Chula Vista Police Headquarters. The combined improvements will total approximately 150,000 square feet of new building area and include approximately 430 parking spaces. Another 450 parking spaces may be provided in a future parking facility to be built within or in the vicinity of the Civic Center Complex; however, this would be part of a future phase and is not considered as a part of this evaluation. The remodeling and expansion of the Civic Center Complex is proposed to accomplish three primary goals: (1) consolidate City departments currently located in offsite office buildings into the Civic Center Complex, (2) expand and enhance the existing Administrative Building, and (3) convert the existing Police Headquarters to public service offices to allow for departmental consolidation and future growth. As illustrated on Figure I, the existing Administrative Building will be remodeled and expanded with another 15,000 square feet of space to a total of 33,000 square feet. Major uses which would occur within the Administrative Building will include offices for the City Council members, City Clerk, City Attorney, City Manager, Finance, and Human Resources. The existing Public Service Building would be remodeled but the overall building area would remain 2 S -/2.. ....- at 29,000 square feet. The existing Police Headquarters building would be remodeled to accommodate various Public Service Departments and to provide room for expansion as the demand for City staff increases in the future. The total area of the Police Headquarters building would remain at 50,000 square feet. In addition to the expansion and remodeling of buildings, additional parking and landscape would be included in the Civic Center Complex. As part of the proposed City of Chula Vista Civic Center Master Plan, the current Police Headquarters would be moved ITom the Civic Center Complex to another location. The new Police Headquarters would consist of a facility of approximately 135,000 square feet The building would be two to three stories above grade and include a basement. The maximtnn height of the building would be 50 feet. There would be approximately 430 parking spaces provided in a combination of surface area and parking structure. The facility would accommodate a maximurn of approximately 536 employees. It is anticipated that the patrols ITom the facility would operate with two to four shifts per day, 24 hours a day. Vehicular traffic would consist of police personnel, unsworn personnel and visitors. The activities at this site would not include repair of the police vehicles and no fuel would be stored on site. The relocation site for the Police Headquarters has not been determined as yet. There are four sites which are currently being considered for the new Police Headquarters. Three of the sites are in the immediate vicinity of the Civic Center Complex; these sites are referred to as the Friendship Park site, Mercy site and Commercial site. It should be noted, however, that, on December 5, 2000, the City Council directed staff to pursue rezoning the Friendship Park site to park land. A fourth site, referred to as the Corporation Yard site, is located approximately one- half mile west of the Civic Center Complex. While the size and uses associated with the relocated Police Headquarters would remain essentially the same at all of the four alternative sites, the configuration of the buildings and parking areas would be dependent upon the location. Site plans for each of the four alternative sites for the Police Headquarters are illustrated in Figures 2A through 2D; their location is identified in Figure 3. C. ENVIRONMENTAL EFFECTS An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist) determined that the proposed project in combination with other pending development in the area could have significant cumulative impacts on local traffic ~ While lighting associated with the proposed Police 'Headcjuarters would not represent a significant health and safety hazard, they could result in a significant land use compatibility impact by interfering with sleep in nearby residential uses. Noise ITom heating and ventilation equipment associated with the Police Headquarters could cause noise levels on adjacent residential property to exceed desired levels. Operational noise (e.g. police sirens and prisoner loading/unloading) could interrupt sleep in nearby residents. Construction of the Police Headquarters at the Friendship Park site would have a significant impact on recreation opportunities by eliminating an existing park. Excavation at the Civic Center Complex and any of the four alternative sites for the Police Headquarters would impact geologic formations with a moderate to high potential to yield significant fossils. All other potential environmental affects would not be significant. 3 S -1.3 Traffic Impact: The increase in traffic associated with the remodeling and expansion of the Civic - Center Complex and construction of a new Police Headquarters would increase the local traffic volumes by an estimated 406 automobile tnps III the AM peak hour tratflC volumes and 530 trIps i~ the PM peak hour. . ,---,"'--------"'-'------- ~Ie the additional project traffic woul\! not signifu;¡m¡Jy~eJevel of serv~ce at any ~ the intersections in the vicinity of th~..Q.~t;.q.PJpj~ç.hJ9,c~Ç.(Lm!ffjçj.I!1.E~ovements would be , necessary should elttier ~~dship ~ ?!:_~C;>!..I!&Q!l y arQ..~,~~~..þ.~,~~!§~çrrgf.!ñ.~l'.c:!!!.~ fi~dquarie~s. SeIectlOn of the Corporation Yar site would require additional right of way and a new traffic signal to accommodate future traffic. Selection of the Friendship Park site would require widening of Davidson Street to allow two-way traffic between Fourth Avenue and the entrance driveway. Mitigation: Traffic impacts associated with the proposed project would be reduced to below a level of significance by the application of the following mitigation measures. Mitigation Measure 1: Should the Friendship Park site be selected for the Police Headquarters, the following roadway improvements shall be incorporated into the plans: . Improve Davidson Street between Fourth Avenue and the entrance to the new facility to provide for two-way traffic; and . Install barriers at the entrance to the facility on Davidson Street to discourage Police Headquarters traffic fi:om entering the neighborhood to the north. Mitigation Measure 2: Should the Corporation Yard site be selected for the Police Headquarters, the following roadway improvements shall be incorporated in the plans: . Provide, as necessary, additional right of way along project fi:ontage on Woodlawn Avenue to accommodate Class I Collector; . Install traffic signal at F Street and Woodland Avenue; and . Obtain an additional five feet of right of way along the north side of F Street adjacent to the site. Noise Impact: Exterior heating and ventilation equipment associated with the relocated Police Headquarters or Civic Center Complex remodeling and expansion could generate noise levels which would cause the noise levels in adjacent residential areas to exceed the standards established in City's Noise Ordinance. Mitigation: Implementation of the following mitigation measures would reduce potential heating and ventilation equipment noise to below a level of significance: 4 S-tc/. Mitigation Measure 3: Prior to issuance of a building pennit for the Police Headquarters or Civic Center Complex, a noise study shall be completed by a qualified acoustician to demonstrate that the heating and ventilation equipment has been sufficiently screened to insure that noise levels at the adjacent residentìal property lines do not exceed standards set forth in Table III of the City's Noise Ordinance. Land Use CompatibilitY Impact: Light and noise associated with the proposed Police Headquarters could significantly impact nearby residential uses; particularly during night and early morning hours. Spill light and glare from outdoor light fIXtures ìnc1uding parking lot and security lighting could disrupt sleep within adjacent residential units. Similarly, noise from police sirens, heating and ventilation equipment, and prisoner delivery/pick up could disrupt sleep as well as other residential activities such as television-watching and reading. Construction noise could also impact nearby residents should the hours of operation extend into the late night or early morning hours. Mitigation: Land use compatibility impacts would be reduced to below a level of significance through implementation of the following measures: Mitigation Measure 4: The operations of the Police Headquarters shall be conditioned to require the following: . Police responding to emergency caBs from the Police Headquarters shall not operate sirens until they reach a major thoroughfare (e.g. Fourth A venue or F Street); . Prisoners shall be loaded or unloaded in the underground parking garage; . Servicing of vehicles including testing sirens shall be prohibited; and . Outdoor public address systems shall be prohibited. Mitigation Measure 5: Prior to issuance of a building permit for the Police Headquarters, the City shall develop a "Good Neighbor Policy". llis Policy shall include operational guidelines and associated educational program for police personnel intended to minimize potential conflicts with surrounding neighborhoods (e.g. screeching tire noise and radio noise from unattended police vehicles). In preparing this Policy, the City .shall seek input fròm the surrounding neighborhood. Mitigation Measure 6: Construction shall be limited to the hours between 7 a.m. and 7 p.m. on weekdays, and 8 a.m. and 5 p.m. on Saturdays. No construction shall occur on Sundays. Mitigation Measure 7: All outdoor light fixtures would be equipped with shields to avoid substantial spill light and/or glare onto adjacent residential areas. 5"-/~ 5 Paleontolo~ Impact: Excavation within the Civic Center Complex or any of the four Police Headquarters sites could encroach into geologic formations contaiIÚng important fossils. Mitigation: Implementation of the following measure would reduce potential paleontological impacts to.below a level of significance: Mitigation Measure 8: A qualified paleontologist shall moIÚtor major excavation activities to detennine if any important fossils could be adversely impacted. If important fossils could be impacted, the paleontologists shall devise and implement an appropriate salvage program. Recreation Impact: Construction of the Police Headquarters on the Friendship Park site would result in the loss of 3.5 acres of passive recreation area in the City's core. TIùs would have a sigIÚficant irnpact on recreation opportunities in the area. Mitigation: The loss of recreation would be reduced to below a level of sigIÚficance through implementation ofthe following mitigation measure: Mitigation Measure 9: Prior to issuance of a grading permit for a Police Headquarters on the Friendship Park site, the City shall identify a replacement site trom Friendship Park within the same viciIÚty, and approve a plan which would create passive recreation opportunities within three years of the date the grading permit is issued. 6 :$" - ¡(II D. CONSULTATION 1. City of Chula Vista Marilyn Ponseggi, Planning Division Benjamin Guerrero, Community Development Ralph Leyva, Engineering Division Dan Hardman, Police Department Elizabeth Hull, City Attorney's Office Applicant's Agent Debra De Pratti, Highland Partnership Dave Nielson, MNA Consulting Traffic Consultant Dan Marum, BRW Geology Consultant Clifford Craft, LawGibb Group Gregory Rzonca, Lav.-Gibb Group Noise Consultant Charles Terry, Douglas Eilar & Associates 2. Documents City of Chula Vista General Plan and EIR (1999) Title 19, Chula Vista Municipal Code Engineering Geologic Reconnaissance for Southeast Comer of F Street and 4th Avenue (LawGibb Group, 2000) Engineering Geologic Reconnaissance for Southwest .Corner of F Street and 4th Avenue (LawGibb Group, 2000) Engineering Geologic Reconnaissance for Corporation Yard (LawGibb Group, 2000) Engineering Geologic Reconnaissance for Southeast Corner of Davidson Street and 4th Avenue (LawGibb Group, 2000) Traffic Study/Alternative Site Analysis of Civic Center. Master Plan and Police Headquarters Relocation (BR W, December 8, 2000) Noise Impact Analysis of Retail Block Site (Douglas Eilar & Associates, November, 2000) Noise Impact Analysis of Mercy Site (Douglas Eilar & Associates, November, 2000) Noise Impact Analysis of Friendship Park Site (Douglas Eilar & Associates, November, 2000) 7 $-/1 .-- - E. DETERMINATION On the basis of the Initial Study prepared in accordance with California Environmental Quality Act (CEQA) and associated Guidelines, and the City of Chula Vista's Environmental Review Procedures, the City of Chula Vista concludes that the proposed remodeling and ex-pansion of the Civic Center Complex and relocation of the Police Headquarters would not have a significant impact on the environment provided the mitigation measures described in this Mitigated Negative Declaration area implemented. ~4.~m.-ro- (2 . R . 00 Date Community Development 8 .5""-/¥' .'-1 '.'" ) ¡¡¡ :1! -I_, ""., ~,:, F' 'j' .~--) -, " " [. :ê"11 " " ':':;'/' .i ,~%(~~.~. ~ '" ... It ...' - c:-~<~?l~j,I(t.,,:,';L-. (I :!~ -~~«'2';"< .~~..'¡ ¡vie Center Complex Site Plan Figure 1 (j) '1011,,\& P ~-I 'I I I I \: ¡ ¡~: ( (I ,I jll -- I) I.J '.¡'Ii .~-. -. I I' .. -\ j - --- "-------I -------==::J. - ---- -.--.------ u_--------- I [ ~ Ii- VISITOR --I I I --- I, >;:. ~ r c , - I PARKING -~----_u~~---_._--- , ~ Fu--u ~ 0 "- EXISTING I I ", UBRARY i I "",-/ CS I POSSIBLE~ I ;. I STRUCTUREO I 'I I. í? I PARKING fl I , ' : LJ I 3LEVELS Ü I t )/ I I 200 SP I ./~.?/ G D ß I D I , ,. I' ' I: ! I ~'- -==---------~ -- --~ ~'-~~--- -----====-~.:.------- - -- F STREET ------------ - ---------- ¡r--- SITE PLAN (!)~I ~,.., .~~,_o.. ,~~""""',.,,' SITE SECTION sm AREA, 4.0 ACRES TOTAL BUILDING AREA. 145,000 G.S.F. TOTAL PARKING SPACES' SOO SP. THIRD FLOOR AREA: 25,000 GSF. 5TRUCTUREO PARKING 0 SECOND fLOOR AREA 30,000 G.S,f. SURFACE PARKING: 50 VIS. > 100 SEC GROUND FLOOR AREA: 50,000 GSF BELOW GRADE PARKING: 150 SEe BELOW GRADE fLOOR AREA 40,000 G.S.f. Off-SITE PARKING: 200 SEe lice Headquarters Site Plan: Friendship Park Site Figure 2A rA" '0< ToSu," f? \I7 ,,""'DO,_,,", C""'.,nm S" -~o / '---./ '-.. T'-èJnT-~~~_~~C~'::".-:;(J"n'IT-'\-(" ,-- n- /¡n.,,-.",--, !. lr l,ll '.,' -! ir-.- -.-.,',_n_.~ ',,:. "',1 -- I J 1 m~ l" 'I '"" ~/.~I I 1___~n_S'~, [I., ,. , i I,":~ '-...-1 I _I ¡-..Jr_. [VIS!TOR ì 'i' / I II :, ìU¡¡,AC'CPAiJK., ".I.G. ' . I' ~I ~ -.J n~_n ( : "" . I I ¡ : ¡: ! w i I ::> " I' j; !' ¡ ~ I ~ 'š 5' / I-I EXISTING I -, BUILDI~IG " L~ SITE PLAN (!)N '""""=". i -~"=,,,. , I SITE SECTION SITE AREA, 5.0 ACRE.S TOTAL BUILDING AREA, 145,000 G.S.F. TOTAL PARKING SPACES, 500 Sp, rHiRD FLOOR AREA, 25,000 G.S.F, STRUCTURED PARKING, 0 5ECONO FLOOR AREA , 30,000G.S.F. 5URFACEPARKING, 50VI5.+240SEc. GROUND FLOOR AREA , 50,OOOG.S.F BELOW GRADE PARKING 210SEC BELOW GRADE FLOOR AREA, 40,000 G.S.F. OfF-SITE PARKING, 0 /ice Headquarters Site Plan: Mercy Site Figure 28 @" "'!oSQk í? 5-~' I 1- I I SJRLlI P-'l ' I I , --~ ===~-~ : i t.. .. '.. i I ' I "~ I I I ,I; I I - , I I Iii ~ , I ~ ' I " I SECURED "", . ,---=--- I g STRUCTURED PARKING.' ¡ ~ ~ I " ~.,." , I ' , , I I , _J , ~ i ~ , « r n (- ~ ~ I I 2 rill I ! Ii ¡ I II Wi SITE PlAN T)N ~"". ~ m~o'_"" r .,. . -- :~::::::;,,'" 1 SITE SECTION SITE AREA: 3.6 ACRES TOTAL BUILDING AREA: 135.000 G,S.f TOTAL PARKING SPACES' 430 Sp, THIRO flOOR AREA, 20,000 G,S.f. STRUCTURED PARKING: 260 SECOND fLOOR AREA, 25,000 G.S.f. SURfACE PARKING: 40 VIS. GROUND flOOR AREA 45,000 GSf BELOW GRADE PARKING 130 SEe. BELOW GRADE fLOOR AREA, 45,000 G,S.f. Off-SITE PARKING, 0 'ice Headquarters Site Plan: Commercial Site Figure 2C (1\" '0""""" P \.I7 """",/)~,~," Ü,~;".u;,.'n $ -.:l.~"~"""7.:,,"-- i i , ¡ ¡ : : ¡ ¡I, , : i II, , : i ¡ I, : : ¡ II, , : ¡ ¡I, ¡ ¡ ! : , ' , I i i! : , ' , I i i! : : : i I I!,: ~.' . , ' I . I , II , UL--~____---------- -- F STREET ----¡-- SITE PLAN ØN ="". =~._o" -'a,_,,' SITE SECTION SITE AREA, 6.0 ACRES TOTAL BUILDING AREA, 145,000 G.S.F. TOTAL PARKING SPACES, 500 SP. THIRD flOOR AREA, 25,000 G.S.F. STRUCTURED PARKING, 140 SEe. SECOND FLOOR AREA , 30,000 G.S.F. SURFACE PARKING, 50 VIS. + 31O SEC GROUND flOOR AREA, 50,000 G.S.F BElOW GRADE PARKING, o BELOW GRADE FLOOR AREA' 40,000 G.S.F. OFF-SITE PARKING. o '(ice Headquarters Site Plan: Corporation Yard Site Figure 2D ffi' '"To.\QIo P .5 -.13 ~ <.> -;¡ u <n 0 f-o 0 Z ~ ~ ::¡ ~ L. ¡~ :u; ENVIRONMENTAL CHECKLIST Project Title: Chula Vista Civic Center Master Plan and Police Headquarters Relocation Case No.: IS-OI-!7 Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Contact Person and Phone Number: Benjamin Guerrero City ofChula Vista (619) 476-5311 Date: December 8, 2000 I. EVALUATION OF ENVIRONMENTAL IMPACTS Tills section evaluates the potential envirorunental impacts of the proposed project using the environmental checklist incorporated fÌom the CEQA Guidelines as amended in January I, 1999. A "No Impact" answer is given when the information sources show that the impact does not apply to the proposed project. A "Less than Significant Impact" is given when information sources indicate that impacts or changes in the environment would occur, but those irnpacts are below the threshold of significance. "Potentially Significant Impact" is indicated if there is substantial evidence that an effect may be significant. "Potentially Significant Unless Mitigated Incorporated" applies where the incorporation of mitigation measures. has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 1. AESTHETICS - Would the project: a) Have a substantial adverse effect on a D D ~ D scenic vista? b) Substantially damage scenic resources D D 0 ~ including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? S"-;LÇ" .- Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infmmation Impact Incorporated Impact Impact c) Substantially degrade the existing visual 0 0 D ~ character or -quality of the site and its surroundings? d) Create a new source of substantial light or 0 D cg] 0 glare which would adversely affect day or nighttime views in the area? Explanation: The expansion and remodeling of the existing Civic Center will not have a significant impact on aesthetics since the site is not located in the viewshed of an identified scenic route, vista or view. Because the use already exits on-site, the addition of 15,000 square feet to the existing Civic Center will not significantly impact views of surrounding properties. None of the four alternative locations for the police headquarters is located within the viewshed of a scenic route, vista or view. However, development of a new police headquarters at any of the four alternative locations may result in a less than significant impact to light and glare due to a possible intensification of land uses beyond what currently exists. While three of the four alternative locations (Mercy, Commercial and Corporate Yard) are currently developed, the construction of the police headquarters would alter existing land uses which might be perceived by surrounding uses as a new source of light and glare- However, the impact would be reduced to a less than significant level by incorporating shielding of exterior light and screening into the building design. In addition to the potential increase in light and glare, development of a Police Headquarters at the Friendship Park site would also change the visual character of the area by converting the site úom landscaped open space to a developed condition. While the loss of the open space would adversely affect the visual character, the impact would not reach a level of significance due to the overall urbanized character of the surrounding area. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 2. AGRICULTURE RESOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Model (1997) prepared by the California Dept. of Conservation as an optional model to lISe in assessing impacts on agriculture and fannland. Would the project: a) Convert Prime Farmland, Unique Farmland, or 0 D D cg] Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the 2 S"-;L{¿, Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact Fannland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural 0 0 0 [SJ use, or a Williamson Act contract? c) Involve other changes in the existing 0 0 0 ~ environment which, due to their location or nature, could result in conversion of Fannland, to non-agricultural use? Explanation: The project site and alternative locations for the Police Headquarters would not result in impacts to agricultural resources. The sites are fully developed and no agricultural activity currently takes place on-site. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 3. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following detenninations. Would the project: a) Conflict with or obstruct implementation of the D D ~ D applicable air quality plan? b) Violate any air quality standard or contribute D D ~ D substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net D D [SJ D increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial 0 0 0 [SJ pollutant concentrations? e) Create objectionable odors affecting a D D 0 [SJ substantial number of people? 3 S"-~7 ..-- Explanation: The expansion and remodeling of the Civic Center and development at any of the alternative locations for the Police Headquarters would not result in impacts to air quality since the number of auto trips for both the Civic Center expansion and development of a new Police Headquarters at any of the locations would not substantially increase from the current number of auto trips at the existing Civic Center, Police Headquarters and other existing land uses. There would be no substantial stationary emissions, no creation of objectionable ödors and no alteration which might result in climate change. Since there would be no significant increase in emissions considered to be hannful to air quality, there would no impacts to adjacent users. The parking structures would be adequately ventilated to avoid air quality impacts to people using the parking structure. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 4. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either 0 0 0 ~ directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any 0 0 0 ~ riparian habitat or other sensitive natural commonity identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally 0 D 0 ~ protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, çoastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of 0 0 0 ~ any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances D D 0 ~ protecting biological resources, such as a tree preservation policy or ordinance? 4 5 - 2-Y Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonoation Impact Incorporated Impact Impact f) Conflict with the provisions of an adopted 0 0 0 [Z] Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Explanation: The sites are devoid of native or sensitive natural vegetation. They are currently developed with a variety of urban land uses including office buildings, paved surfaces and landscaped areas. There are no endangered, sensitive species, habitats or wildlife ITÚgration corridors on the project site or at any of the alternative locations for the Police Headquarters. Therefore, the project would result in no impacts to biological resources. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonoation Impact Incorporated Impact Impact 5. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the 0 0 0 [Z] significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the 0 0 0 [Z] significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique 0 [ð] 0 0 paleontological resource or site or unique geologic feature? d) Disturh any human remains, including those 0 0 0 k8J interred outside offonnal cemeteries? Explanation: The project site and alternative locations for the Police Headquarters will not result in impacts to archaeological resources because there are no identified resources on-site and the sites are already developed. None of the buildings which could be demolished to accommodate the Police Headquarters are considered historic. The geologic formation underlying the Civic Center Complex as well as all four of the Police Headquarters alternative sites has a moderate to high potential for containing significant fossils. Thus, excavation could impact fossil-bearing material. A qualified paleontologist shall monitor the exCavation process. If significant fossils are encountered, the monitor shall undertake a salvage plan, as necessary, to recover any significànt fossils. 5 5-:2.9 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issucs and Supporting Infonnation Impact Incorporated Impact Impact 6. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as 0 0 ~ 0 delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? 0 0 ~ 0 iii) Seismic-related ground failure, including 0 0 ~ 0 liquefaction? iv) Landslides? 0 0 0 ~ b) Result in substantial soil erosion or the loss of 0 0 ~ 0 topsoil? c) Be located on a geologic unit or soil that is 0 0 ~ 0 unstable as a result of the project, and potentially result in on or off site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in 0 0 ~ 0 Table 18-I-B of the Unifonn Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting 0 0 0 [ð] the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Explanation: There will be no changes in the existing topography or in any unique geologic or physical features as a result of the Civic Center expansion and remodeling or development at any of the possible Police Headquarters alternative locations. The project site and alternative locations are all currently improved with existing buildings, asphalt parking and landscaped areas. The project site and the four alternative locations for the Police Headquarters will require grading and will result in minimal disruptions, displacements compaction or uncovering of soils. 6 5-3ð The project site and the four alternative locations for the Police Headquarters are located in a region where active faulting and seismically-induced ground shaking is possible. However, these impacts are considered less than significant due to the implementation of the requirements of the State of California and City of Chula Vista regarding earthquake-safe buildings. Engineering geologic reconnaissances were conducted for each of the four alternative locations for the Police Headquarters (LawGibb Group, 2000). While the geologic reconnaissances indicated no geologic or soils conditions which would pose a significant risk to development, appropriate mitigation measures will be incorporated to reduce potential impacts to a less than significant level. Both a comprehensive geotechnical investigation and a Phase I Environmental Site Assessrnent will be required as part of the City of Chula Vista stàndard requirements for approval of a grading pennit for the site selected for the new Police Headquarters. Implementation of the requirements of both reports would reduce impacts to a less than significant level. Possible increases in the wind or water erosion of soils are less than significant due to the minimal amount of grading involved and through the implementation of best management practices (BMP) such as desiltation basins, sandbags and other erosion control methods which are required by the City of Chula Vista as part of the approval process for pennits. Irnplementation of uniform building code CUBe) requirements will avoid the potential exposure of people or property to geologic hazards at the proposed project site and at all of the alternative locations for the Police Headquarters. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 7. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the D D 0 [:g] environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the 0 0 0 [:g] environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous D D 0 [:g] or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list 0 D 0 ~ of hazardous materials sites compiled pursuant to Government Code § 659625 and, as a result, 7 5-31 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnatinn Impact Incorporated Impact Impact would it create a significant hazard to the public or the environment? e) For a project located within an airport land use 0 0 0 ¡:g] plan or, where such a plan has not been adopted, within two miles of a public airport or pubJic use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private 0 0 0 cgJ airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically 0 D ~ 0 interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk 0 0 0 ¡:g] of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Explanation: No impacts from hazards or hazardous materials would result fi-om implementation of the expansion of the Civic Center or fi-om development at any of the alternative locations for the Police Headquarters. The project site and alternative locations are not located in the vicinity of safety hazards and there will be no increase in the use and storage of hazardous materials beyond that wmch occurs currently. No hazardous ellÚssions would result fi-om the proposed development While Fourth Avenue is identified as one of the Evacuation Routes in the City's General Plan, the project will not result in impacts since there will not be a significant increase in the overall population in the vicinity. . The project site is not located within two miles of a public or private airport. As no wildland areas exist in the project area, no risk of wildland fires exists. 8 S- -.3;)"" Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 8. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste D D ~ D discharge requirements? b) Substantially deplete groundwater supplies or D D D [g] interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would ~ot support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern D 0 ~ 0 of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off site? d) Substantially alter the existing drainage pattern D 0 ~ 0 of the site or area, including through the alteration or the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site? e) Create or contribute runoff water which would D 0 ~ 0 exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? t) Otherwise substantially degrade water quality? 0 0 ~ 0 g) Place housing within a IOO-year flood hazard 0 0 0 [g] area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 1O0-year flood hazard area 0 0 0 ~ structures which would impede or redirect flood flows? 9 5-33 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact i) Expose people or structures to a significant risk 0 0 0 cg] of loss, injut)' or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? D D D ~ Explanation: Expansion of the Civic Center and development at any of the four alternative locations for the Police Headquarters would not result in significant impacts to hydrology or water quality. No use of groundwater would occur as the development would be connected to the City water supply. With the exception of the Friendship Park site, all of the project sites are already developed, no significant increase in impermeable surface area would occur. Consequently, no substantial increase in surface runoff would occur. Similarly, the proposed land uses would not be significantly different ftom existing uses which would mean that the quality of surface runoff would not diminish significantly. Implementation of current practices to control water runoff contained in the City's Grading and Storm Water Management and Discharge Control Ordinances would reduce impacts potential short-term water quality impacts to a less than significant level. Runoff would be transported to existing storm drains serving the development areas. Since the volume of runoff will not increase substantially, the existing storm drain system will continue to accommodate runoff in the area. Although development of Friendship Park would convert the mostly permeable surface area to impermeable surface area, the increase in runoff would not be sufficient to overtax the existing storm drain system serving the site. Standard drainage improvements incorporated into a future Police Headquarters would be sufficient to avoid hydrology impacts. In addition., the small size of the Police Headquarters building area in proportion to the overall drainage basin would preclude significant water quality impacts ftom any urban runoff pollutants generated from the site. FurtheImore, compliance with local and state requirements .for storage of hazardous materials would avoid significant water quality impacts from the use of any such materials associated with operation ofthe Police Headquarters. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 9. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? 0 ~ 0 0 10 S- -3'i Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact b) Conflict with any applicable land use plan, 0 0 [;gJ 0 policy, or regulation or an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat 0 0 0 ¡:g] conservation plan or natural community conservation plan? Explanation: The proposed project would not physically divide the land uses which currently exist within the general vicinity of the Civic Center Complex and Police Headquarters alternative sites. All of the affected areas are already developed with non-residential uses. No streets would be closed as a result of the proposed project. Although barriers would be constructed on Davidson Street in the event the Friendship Park site is selected for the Police Headquarters, these barriers would only discourage Police Headquarters traffic fj-om entering the adjacent residential area. It would not constrain residential access. While the proposed project would not physically divide the surrounding community, the Police Headquarters would potentially impact surrounding residential areas due to lighting and noise associated with the proposed use. As discussed in Sections I and II of this Environmental Checklist, the lighting and noise associated with the Police Headquarters would not create significant health and safety impacts. However, these factors could result in significant land use compatibility conflicts with adjacent residential uses by creating nuisance-level impacts. Land use compatibility impacts could be significant dilring late night and early morning hours when nearby residents are trying to sleep. Excess light spill and glare into slèeping quarters could disrupt sleep activities. Potential light sources include security lighting on buildings and in parking areas. All outdoor lighting associated with the Police Headquarters would be fitted with shields and/or positioned to minimize spill light and glare on adjacent residential properties. As discussed in Section 11 of this Environmental Checklist, police car sirens and loading/unloading of prisoners could create a nuisance for nearby residents which could disrupt sleep patterns. Although the potential exists for police sirens to affect adjacent residents, the impacts would not represent a siguificant land use compatibility impact for several reasons. One of the primary reasons is the limitation to be imposed on police cars responding to emergencies from the proposed Police Headquarters. Responding units would be prohibited fj-om turning on their sirens until they reach a major thoroughfare (e.g. Fourth Avenue or F Street). Police sirens are already being used on these streets. Thus, this limitation would assure that disruption fj-om sirens is no greater than occurs from the existing Police Headquarters which is located in the same general vicinity as three of the four alternative sites. The Corporation Yard site, although II 5-3S"" not near the existing Police Headquarters, is already located near major noise sources inclumng Interstate 5 and the San Diego Trolley. In addition, relatively few emergency responses originate at the Police Headquarters (Dan Hardman, Chula Vista Police Department). Patrol cars out on the streets are usually the primary units responding to emergency situations. Further factors restricting potential land use compatibility impacts ITom Police Headquarters noise include prohibitions against: (I) outdoor public address systems, (2) vehicle-servicing and repair, and (3) siren testing. In addition, prisoners are proposed to be loaded and unloaded within the underground parking areas to minimize adverse effects of unusually vocal individuals. The Civic Center and the alternative locations for the Police Headquarters are located within the City of ChuIa Vista's "Urban Core" and the major facilities existing or plarmed for this area are designated in the Central Chula Vista Area Plan. This area contains the greatest diversity of urban facilities in the City in a generally low to medium density urban development. The City of Chula Vista's General Plan states that this area "will expand both the concentration and diversity of facilities" and will continue to reinforce its role as the urban core of the city. The project is consistent with adopted plans and ordinances. It will implement the goals of the City of Chula Vista General Plan as well as the Central Chula Vista Area Plan. Lastly, as none of the properties involved in the proposed project exhibit any natural vegetation or support wildlife species, the project would not have a significant impact on regional biological resource planning efforts. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Impact Incorporated Impact Impact 10. MINERAL RESOURCES - Would the project: a) Result in the loss or availability of a known D D D ~ mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally D D D ~ important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Explanation: No impacts to mineral resources will result from project implementation. There are no known mineral resources located beneath the Civic Center Complex or any of the alternative locations for the Police Headquarters. 12 S-.3G. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact I L NOISE - Would the project result in: a) Exposure of persons to or generation of noise 0 cg] D 0 levels in excess of standards established in the local general plan or noise ordinance, or applicable standards or other agencies? b) Exposure of persons to or generation of 0 0 cg] 0 excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient 0 cg] 0 0 noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in 0 0 cg] 0 ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use 0 0 0 cg] plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private D D D ~ airstrip, would the project expose people residing or working in the project area to excessive noise levels? Explanation: Construction of the Police Headquarters would introduce new noise sources into the areas which surround the four alternative sites. Increases in ambient noise levels would be of particular importance to noise-sensitive activities such as residenti¡ù., hospitals or other uses which generally require low noise levels. As discuss¡;d earlier, both single- and multi-family residential uses lie adjacent to some portion of all of the Police Headquarters alternative sites. Potential noise sources associated with the Police Headquarters would include police car sirens, exterior heating and ventilation equipment, loading/unloading prisoners, and general parking lot activity (e.g. car engines and conversation). Acoustical studies prepared for the alternative sites prepared by Douglas Eilar & Associates concluded that, with the possible exception of heating and ventilation equipment, noise ftom the Police Headquarters would not create a significant health and safety hazard. With the exception of heating and ventilation equipment, noise sources would be sporadic and not of sufficient trequency or volume to exceed acceptable noise levels. As discussed in Section 9, police sirens would not be activated until the vehicle reaches a major street and emergency responses do not usually originate trom the Police Headquarters. In 13 .s- -3 Î .--- addition, current ambient noise levels on all Police Headquarters alternative sites, primarily related to traffic noise, are already higher than the levels normally acceptable for residential areas. Measurements taken by Douglas Eilar & Associates identified ambient Community Noise Equivalent Levels (CNEL) as high as 65 dB(A) in nearby residential areas. With respect to heating and ventilation equipment, the project would be conditioned to require that acoustical screening be installed around all exterior heating and ventilation equipment to assure that noise generated by this equipment would not exceed the maximum noise levels established in Table ill of the City of Chula Vista's Noise Ordinance. Under this ordinance, noise generators must not cause noise levels at the property line in adjacent residential areas, with the exception of multi-family development, to exceed 45 dB between the hours of 10 p.m. and 7 a.m. on weekdays, and 10 p.m. and 8 a.m. on weekends; at all other times of the day, noise generators shall not cause noise levels in residential areas to exceed 55 dB. For multi-family, the noise limits are 50 dB at night and 60 dB during the day. While noise associated with the Police Headquarters would not result in a significant health and safety hazard, periodic noise related to police car sirens and unloading/loading of vocal prisoners could create a land use compatibility impact on adjacent residential uses by disturbing sleep activities. This concern is discussed in more detail in Section 9 of this Environmental Checklist. Remodeling and expansion of the Civic Center Complex would not have a significant impact on surrounding land uses. The proposed improvements would not introduce any new noise sources nor would it increase noise generated by existing uses. Any new heating and ventilation equipment would be screened to assure that noise levels meet Table ill of the City's Noise Ordinance. Relocation of the Police Headquarters would, in fact, eliminate an existing noise source on the site. Construction noise could have a significant impact on residential areas located adjacent to the Civic Center Complex as well as the Police Headquarters sites. Construction equipment noise would be expected to periodically exceed noise levels desired in residential areas. However, the short-term nature of construction noise and the limitations to be imposed by the City on the hours when construction can take place will reduce construction noise impacts to below a level of significance. Construction shall be limited to the hours of 7 a.m. and 7 p.m. between Monday and Friday and 8 a.m. to 5 p.m. on Saturday. No construction would ?e allowed on Sunday. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 12. POPULATION AND HOUSING- Would the project: a) Induce substantial population growth in an 0 0 0 [8J area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 5-38' 14 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact b) Displace substantial numbers of existing 0 0 0 ~ housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, 0 0 0 cg] necessitating the construction of replacement housing elsewhere Explanation: There will be no impacts to population and housing resulting ffom the project. The project will not cause the City to cumulatively exceed the state or regional projections nor would it induce substantial growth. No housing, including affordable units, would be lost or created as a result of the proposed expansion of the Civic Center or as a result of construction of a Police Headquarters at any of the alternative locations. The demand for housing would not change significantly since the uses proposed exist already and no significant changes in staffing levels are expected. Therefore, the demand for housing would remain the same. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 13. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perfonnance objectives for any of the public services: Fire protection? 0 0 ~ 0 Police protection? 0 0 0 ~ Schools? 0 0 0 ~ Parks? 0 ~ 0 0 Other public facilities? 0 0 ~ 0 15 5" -.3" Explanation: The expansion of the Civic Center and development at any of the alternative locations for the Police Headquarters would not generally result in significant changes to service ratios, response times or performance objectives. Fire protection, schools and other public facilities would remain unchanged as a result of implementation of the project and development of a new Police Headquarters. Construction of a new Police Headquarters could result in improvement to response times for police protection due to improved efficiency. Development of the Police Headquarters at the Friendship Park location would result in potentially significant impacts to parks due to the loss of park areas. The loss of park area would require dedication of additional park land in the area. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 14. RECREATION: a) Would the project increase the use of existing 0 ~ 0 D neighborhood and regional parks or other recreational facilities such the substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities 0 0 0 ~ or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Explanation: No impacts to recreation would result from the expansion of the Civic Center or development at three of the four locations (Mercy, Corporate Yard and Commercial sites) for the Police Headquarters since there would be no anticipated increase in population and therefore in the use of existing parks. Development of the Police Headquarters at the Friendship Park could result in potentially significant impacts to other recreational facilities. The 3.5 acres of passive parkland would be replaced with buildings which could result in users of Friendship Park shifting their activities to other sites. While the expansion and remodeling of the Civic Center would result in some additional passive recreational areas, the loss of Friendship Park would be a potentially significant impact unless mitigation measures were incorporated to replace the loss of parkland. 16 S- _40 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 15. TRANSPORTATIONffRAFFIC Would the project: a) Cause an increase in traffic which is substantial 0 0 [gJ 0 in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a 0 [gJ 0 0 level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, 0 0 0 [gJ including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design 0 0 [gJ 0 feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment? e) Result in inadequate emergency access? 0 0 D [gJ f) Result in inadequate parking capacity? 0 0 [gJ 0 g) Conflict with adopted policies, plans, or 0 0 0 [gJ programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Explanation: A traffic study was conducted by BR W. to assess the impacts of the remodeling and expansion of the Civic Center Complex, and relocation of the Police Headquarters. As the morning and evening peak hour periods are the most critical times for local traffic circulation, the traffic study focused on the project impacts during these time frames. Based on this study, the redevelopment of the Civic Center Complex and relocation of the Police Headquarters would add an estimated 406 automobile trips to the AM peak hour traffic volumes and 530 trips to the PM peak hour. It should be noted that this is a conservative estimate because it treats all of the automobile trips related to the Police Headquarters as new trips even though the existing facility is generating some number of trips already. In addition, the traffic volume estimate does not back out trips which are being generated 1Ìom the current uses which would be eliminated on alternative sites by construction of the Police Headquarters. Thus, the estimated traffic generation is likely higher than may actually occur. 17 S-<J( When the additional trips ITom the Civic Center Complex and any of the three Police Headquarters sites within the general proximity of the Civic Center Complex were added to the ten local intersections which were evaluated in the traffic study, it was determined that none of the intersections would be significantly impacted by the increase related directly to the proposed project. All of the intersections would continue to operate a level of service (LOS) of D or better. Further, when traffic ITom three other approved but undeveloped projects in the area of the Civic Center Complex (Southbay Regional Center Expansion, Scripps Memorial Hospital Expansion and Gateway Project) was added to the increase in traffic ITom the proposed project, the traffic study concluded that the combined increase would not have a significant impact on any of the 10 intersections. With respect to the Corporation Yard site, the addition of Police Headquarters traffic to Woodlawn Avenue could cause the overiùl traffic volume on Woodlawn Avenue to exceed the desired volume for its current configuration. Expansion of Woodland Avenue to a Class I Collector roadway may be necessary between E and F Street. Additional right of way would also be required on the north side of F Street adjacent to the site. A signal would likely be required at Woodlawn Avenue and F Street. With respect to air traffic patterns, the proposed projects would have no impact. With the exception of the Friendship Park and Corporation Yard sites for the Pòlice Headquarters, the traffic analysis concluded that no specific roadway modifications were necessary to accommodate the proposed uses. No new traffic signals are required on any of the unsignalized intersections immediately adjacent to the Civic Center Complex or the three nearby Police Headquarters alternative sites. Should the Friendship Park site be selected, Davidson Street between Fourth Avenue and the entrance to the parking structure would be redesigned to serve as a two-way street. Options to allow two-way traffic include acquisition of additional right-of-way on the south curb of Davidson Street, prohibition of parking on the south curb of Davidson Street and/or construction of raised islands to facilitate turns at this location. In addition, traffic related to the Police Headquarters would be directed toward Fourth Avenue through the use of signage or barriers to reduce impact on the neighborhood. kJ indicated earlier, selection of the Corporation Yard site could neéessitate Woodlawn Avenue to be upgraded to a Class I Collector which would require that additional right of way along the project fi-ontage to accommodate the wider roadway. An additional five feet of right of way would also be required on the north side of F Street adjacent to the site. A traffic signal at the intersection of Woodlawn Avenue and F Street would also be required. Selection of the Corporation Yard site would be less desirable ITom a traffic perspective due to the distance from the Civic Center Complex as well as the central part of the City. This separation would result in longer trips and more vehicle miles traveled on City streets. 18 5'" - (./ 2... Standard parking ratios established by the City will be achieved on the Civic Center Complex and each of the four Police Headquarters alternatives sites to assure adequate parking is available. Potentially Significant Potentially Unless Less !han Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 16. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of D D D [g] the applicable Regional Water Quality Control Board? b) Require or result in the construction of new D D [g] 0 water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new 0 D 0 [g] storm water drainage facilities or expansion of existing facilities, the constructiàn of which could cause significant environmental effects? d) Have sufficient water supplies available to D 0 D [g] serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Resnlt in a determination by the wastewater D D D ~ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient 0 0 [g] 0 permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes 0 0 [g] 0 and regulations related to solid waste? Explanation: There will be no significant impacts to utilities and service systems as a result of the project. New service systems, or the substantial alteration of existing systems, would not be required for the expansion and remodeling of the Civic Center and construction of a Police Headquarters at one of the alternative locations. The sites are currently developed with urban level land uses and receive water and sewer through existing lines. There is sufficient supply/capacity available to serve the proposed project. However, one segment of the sewer 19 S -43 system serving the project site would require upgrading as its entire service area is builtout. More specifically, a portion of the sewer line west of Bay Boulevard at G Street will need to be upgraded with a parallel line or expanded pipe diameter. TIús upgrade would be undertaken by the City as part of its Capital Improvements Program when required. The amount of solid waste generated will not change significantly over that currently generated and there is sufficient landfill capacity available. Potentially. Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact IncOll'orated Impact Impact 17. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade D D D r2J 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 of California history or prehistory? b) Does the project have impacts that are D r2J D D 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)? c) Does the project have enviromnental effects D [ZJ D D which will cause substantial adverse effects on human beings, either directly or indirectly? Explanation: The expansion and remodeling of the Civic Center and construction and operation of a Police Headquarters at any of the four locations would not result in a significant impact to the adopted long-tenn environmental goals of the City of Chula Vista's General Plan and other adopted planning documents as those goals are related to biology and cultural resources. The sites are currently developed with urban level uses and do not contain identified biological or cultural resources. The expansion and remodeling of the Civic Center and construction and operation of a Police Headquarters at any of the four locatioI:lS would not result in a significant impact to the adopted long-term environmental goals of the City of Chula Vista's General Plan and other adopted planning documents. The project is infill development with urban level services in place. 20 .5' -"1 The proposed project, in combination with three pending projects, could have a significant cumulative impact on traffic flow at the intersection of H Street and Fourth Avenue. However, construction of an additional southbound left-turn land on H Street would restore this intersection to an acceptable level of service. Noise and light ITom the proposed Police Headquarters could adversely impact adjacent residential areas by interfering with sleep activities. However, light fixture shielding and limitations on the use of police sirens would reduce these potential impacts on humans to below a level of significance. II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED Based on this environmental checklist, the environmental factors checked below would be potentially affected by this project. 0 Aesthetics 0 AgncuKure Resources 0 Air Quality 0 Biological Resources [8J CuKural Resources 0 Geology/Soils 0 Hazaros & Hazaroous Matenals 0 HydrologylWater Quality ~. Land Use/Planning 0 Mineral Resources [8J Noise 0 PopulaüonIHouslng ~ Public Services [8J Recrealion ~Transportatian/Traffic 0 UtilftieS/Service Systems [8J Mandatory Fmdings of Significance III. PROJECT REVISIONS OR MITIGATION MEASURES The following project revisions or mitigation measures have been incorporated into the project and will be implemented dUting the design, construction and/or operation of the project. MitigaJion Measure 1: Should the Friendslúp Park site be selected for the Police Headquarters, the following roadway improvements shall be incorporated into the plans: . Improve Davidson Street between Fourth Avenue and the entrance to the new facility to provide for two-way traffic; and . . Install barriers at the entrance to the facility o"n Davidson Street to discourage Police Headquarters traffic from entering the neighborhood to the north. MiLigaJüm Measure 2: Should the Corporation Yard site be selected for the Police Headquarters, the following roadway improvements shall be incorporated in the plans: . Provide, as necessary, additional right of way along project ITontage on Woodlawn Avenue to accommodate Class I Collector; . Install traffic signal at F Street and Woodland Avenue; and . Obtain an additional five feet of right of way along the north side of F Street adjacent to the site. - 21 5-t/~ --- Mitigation Measure 3: Prior to issuance of a building permit for the Police Headquarters or Civic Center Complex, a noise study shall be completed by a qualified acoustician to demonstrate that the heating and ventilation equipment has been sufficiently screened to insure that noise levels at the adjacent residential property lines do not exceed standards set forth in Table III of the City's Noise Ordinance. Mitigation Measure 4: The operations of the Police Headquarters shall be conditioned to require the following: . Police responding to emergency calls ftom the Police Headquarters shall not operate sirens until they reach a major thoroughfare (e.g. Fourth Avenue or F Street); . Prisoners shall be loaded or unloaded in the underground parking garage; . Servicing of vehicles including testing sirens shall be prohibited; and . Outdoor public address systems shall be prohibited. MitigaJion Measure 5: Prior to issuance of a building permit for the Police Headquarters, the City shall develop a "Good Neighbor Policy". This Policy shall include operational guidelines and associated educational program for police personnel intended to minimize potential conflicts with surrounding neighborhoods (e.g. screeching tire noise and radio noise ftom unattended police vehicles). In preparing this Policy, the City shall seek input ftom the surrounding neighborhood. Mitigation Measure 6: Construction shall be limited to the hours between 7 a.m. and 7 p.m. on weekdays, and 8 a.m. and 5 p.m. on Saturdays. No construction shall occur on Sundays. Mitigation Measure 7: All outdoor light fixtures would be equipped with shields to avoid substantial spill light and/or glare onto adjacent residential areas. Mitigation Measure 8: A qualified paleontologist shall monitor major excavation activities to determine if any important fossils could be adversely impacted. If important fossils could be impacted, the paleontologists shall devise and implement an appropriate salvage program. MitigaJion Measure 9: Prior to issuance of a grading permit for a Police Headquarters on the Friendship Park site, the City shall identify a replacement site ftom Friendship Park within the same vicinity, and approve a plan which would create passive recreation opportunities within three years of the date the grading permit is issued. 22 5-4Ce. IV. DETERMINATION On the basis of this initial evaluation: 0 I find that the proposed project COULD NOT have a significant effect on the environment, 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 tlús case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. 0 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMP ACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at 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 impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 0 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 (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 n;visions or mitigation measures that are imposed upon the proposed project. ~~~ '0 (6 '0- CD Date Planning and Environmental Manager Community Development City of Chula Vista 23 .5 - 47 z 0 ¡::: « 0 0 ..J W 0:: ~ t w:;¡ -3 ~ ~« è5~¡j 0::0:: -e~2 :3C> :J :J §g.§1'/ 00.5 .5 ~Ü.=" Co:: gj> gj> 0 ì; 1;'ê' ~:;.,¡ .,¡ uo.,¡o.. J:Z W¡::: 00:: ~~ X X a.W cO:: ZC X «Z - Z« j~ a.¡¡:: ffi~ " liiz 5 ¡j ~ «~ e~ e~ 'c; :;¡ "" " .. 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Project Setting The Chula Vista Civic Center consists of the City-owned properties in the immediate vicinity of the intersection of Fourth Avenue and F Street which presently contain the City Hall Building, current and future (under construction) Police Headquarters, Public Services Building, Community Development Building, Legislative Building, Fire Station No. I, Civic Center Branch Library, Friendship Park, and Ken Lee Building (formerly known as the Mercy Building), and visitor and staff parking lots (see Exhibit A). The proposed Chula Vista Civic Center Expansion and Renovation Project ("Project") involves modifications to all of the City facilities listed above, with the exception of the Civic Center Branch Library, Friendship Park, and future Police Headquarters (currently under construction). B. Prior Approvals and Environmental Documentation The City of Chula Vista Civic Center Master Plan (Master Plan), adopted jointly by the City Council and Redevelopment Agency on July 17,2001, was addressed in the Chula Vista Civic Center Master Plan And Police Headquarters Relocation Mitigated Negative Declaration (MND) IS-OI-017, dated December 8,2000. MND IS-OJ-O17 generally addressed the expansion and renovation of the Chula Vista Civic Center as described in the Master Plan, including four alternative sites for the new Police Headquarters, referred to in the MND as the Friendship Park Site, Mercy Site, Commercial Site, and Corporation Yard Site. The new Police Headquarters is presently under construction on the Commercia] Site, located at the southeast corner of the Fourth Avenue/F Street intersection (315 Fourth Avenue). MND IS-Ol-O17, adopted jointly by Mitigated Negative Declaration IS-O4-013 Page I City of Chula Vista CIvic Center Expansion & Renovation S -s-f the City Council and Redevelopment Agency on July 17, 2001, contains mitigation measures addressing traffic, noise, land use compatibility, paleontology, and recreation impacts. The traffic and recreation mitigation measures contained in MND IS-0l-017 are no longer applicable, since these measures specifically applied to the development of the new Police Headquarters on the Friendship Park Site and Corporation Yard Site. MND IS-OI-O17 was relied upon in approving a Design Build agreement with Highland Partnership, Inc. for the expansion and renovation of the Civic Center, with the exception ofthe planned relocation of Fire Station No. I to the Ken Lee Building site. C. Project Description Revisions to the Project made subsequent to the preparation ofMND IS-OI-017 and entering into the Design Build agreement with Highland Partnership, Inc. are addressed in this Mitigated Negative Declaration (IS-04-013). The proposed Civic Center Expansion and Renovation Project, as described in the adopted Master Plan and as currently proposed, is described below. Adopted Citv of Chula Vista Civic Center Master Plan The adopted City of Chula Vista Civic Center Master Plan consists of the following major project components: . Development of an approximately 135,000 square-foot new Police Headquarters with a total of approximately 430 surface and structured parking spaces at the southeast corner of the Fourth Avenue/F Street intersection (315 Fourth Avenue). The new Police Headquarters is under construction and is scheduled to open in February 2004. . Remodeling and expansion of the City Hall Building from 18,300 square feet to 34,711 square feet. . Remodeling of the 29,700 square-foot Public Services Building. . Remodeling of the 51,500 square-foot Police Headquarters for use as City offices. . Demolition of the 2,779 square-foot Community Development Building and 5,793 square- foot Legislative Building to accommodate additional surface parking. . Landscape and parking improvements throughout the Civic Center. . Demolition of the 8,775 square-foot Mercy Building (subsequently renamed Ken Lee Building) to accommodate the relocation of Fire Station No. I (planned to contain an approximately 12,000 to 20,000 square-foot structure) and a new City vehicle fueling facility. Dernolition of the 9,305 square-foot Fire Station No. I and conversion of the site to surface parking. This component of the Master Plan was speculative in nature at the time and, therefore, was not analyzed in MND IS-OI-017. The Master Plan acknowledges that supplemental environmental analysis wiJI be required prior to implementation, which has been accomplished through the preparation of this Mitigated Negative Declaration. The Mitigated Negative Declaration IS-O4-013 Page 2 City of Chula Vista Civic Center Expansion & Renovation 5 - £;;¡., scope for the evaluation of environmental effects in this document. Mitigation measures contained in MND IS-OI-O17 and the associated Mitigation Monitoring and Reporting Program (see Attaclunent A) that are applicable to the project are required to be implemented by the City of Chula Vista. These measures are not new mitigation measures, but are incorporated by reference from previously adopted MND IS-OI-OI7. With the exception of the construction of the new Police Headquarters at 315 Fourth A venue, site conditions have not substantially changed since the adoption ofMND IS-OI-O17. As such, the impacts of the Project on the physical features of the site would be the same as addressed in MND IS-OI-O17 and are hereby incorporated by reference, with the exception of the potential environmental effects associated with the proposed revisions to the Project, as described below. Analvsis of Potential Environmental Effects The proposed revisions to the Project described above have been evaluated with respect to the assessment of potential environmental effects contained in previously adopted MND IS-OI-OI7. With the exception of the following environmental issues, MND IS-01-0 17 has been found to adequately addresses the potential environmental effects of the proposed Project. Cultural Resources To assess the potential for significant impacts to cultural resources associated with the proposed demolition of the City Hall Building and Fire Station No. I, a cultural resources assessment of these buildings was conducted. The findings of this assessment are contained in a report entitled, "Cultural Resources Report for the Historical Evaluation of the Chula Vista City Hall and Chula Vista Fire Station Number I Located at 276 Fourth Avenue, Chula Vista, California 91910," prepared by Archaeos and dated November 2003. This report is on file and available for review at the offices of the Chula Vista Planning and Building Department and is summarized below. As discussed in the study, the City Hall Building and Fire Station No. I were examined to assess their potential for historical and architectural significance in terms of eligibility for nomination to the National Register of Historic Places, the California Register of Historic Places, and the Chula Vista List of Historic Sites. The City of Chula Vista City Hall Building was constructed in 1950 as a 9,960 square-foot facility at 276 Guava Street (now Fourth Avenue); the previous City Hall building was located at 294 Third Avenue. The building contractor was the Travelodge Corporation, operated by Scott King, a general contractor; the company was located at 3045 Moore Street in San Diego. The architects were Stanley Burne and Percy Burnham. The San Diego City Directories listed Mr. Burne as a structural engineer with an office in Del Mar; no other information was located regarding Mr. Burne and no information was found regarding Mr. Burnham. Over the years, the building underwent numerous alterations. A 1,856 square-foot addition was undertaken in 1964 by the C.R. Dahl Construction Company. No additional building permit information or further construction information was obtained regarding the building or its alterations. Although no building records could be obtained for Fire Station No. I, according to San Diego Directory Mitigated Negative Declaration IS-O4-0 J 3 Page 4 City ofChula Vista CivIc Center Expansion & Renovation .5" -S'3 I ji¡ ~ ~~ ~ SJ,' ~ :JJ n, I ',. ~!' I = - : /; l, '~,O,J f, T, ,,'" ," '~,-'-U_.l'_U_Ll_' '~'L'-'-'-U..LJ_'l'~ ~~ ~ -- - ,-_.. -n ~! , . (~2 II § - $-~ ~. '< ¡'~. \ '-- - ¡~ \. .\ , \ ~ I be li:¡"!~'1 II! CHULA VISTA ~ ~~~ I'i! I ! A CIVIC CENTERRENOVAflON OJ ~z I I, . i (Jlf{}.,~A~ _~-f:fMATlCDESIGN The buildings do not embody enough of the distinctive characteristics of a type, period, or method of Modern Spanish construction to be true representative examples of this architectural style. The buildings do not represent the work of a master architect or an important, creative individual. Finally, the buildings do not possess high artistic values nor do they possess the potential to provide further infonnation important in prehistory or history. As previously stated, the replication of the main entry element of the City Hall Building is a proposed element of the new building, in order to maintain the character of this building in accordance with the adopted Master Plan. The subject resources have been found not eligible for listing under National Register, California Register, and Chula Vista List of Historic Sites criteria. Therefore, no adverse direct, indirect, or cumulative impacts would occur with project implementation; therefore, no mitigation measures are required in conjunction with the demolition ofthese resources. Noise Fire Station No. I is proposed to be demolished and reconstructed at 430 F Street, along the south side ofF Street almost directly across the street from the existing station. Noise associated with the operation of the relocated fire station would be comparable to noise generated by the existing station, particularly given the very close proximity of the proposed site to the existing station. Fire vehicle sirens would continue to be the most noticeable source of noise associated with the proposed fire station; however, such sirens are exempt from the City's noise regulations (Municipal Code Section 19.68.060.A). Although the new fire station has not yet been designed, known elements of the facility that would generate noise include heating, ventilation, and air conditioning (HV AC) equipment and an emergency generator. Based upon the acoustical analysis conducted for recently constructed Chula Vista Fire Station No.7, the type of emergency generator that may be installed on-site produces a noise level of 85 decibels (dB) at a distance of 80 feet with no noise attenuation. The generator would be operated during power outages and during monthly testing. Monthly testing is normally conducted for a period of approximately 30 minutes. The project site abuts multi- family residential development to the west and commercial uses (including medical offices) to the east and south. Noise standards for the adjacent multi-family residential and commercial developrnent are set forth in Table III of Chapter 19.68 of the Chula Vista Municipal Code. The standards that would be applicable to both the emergency generator and HV AC equipment at the western property boundary (Multiple Dwelling Exterior Noise Limits) and eastern and southern property boundaries (Commercial Exterior Noise Limits) are as follows: Multiple Dwelling Residential Exterior Noise Limits 7 a.m. to 10 p.m. (weekdays)/8 a.m. to 10 p.m. (weekends): 60 dB (A) Leq (I-hour) 10 p.m. to 7 a.m. (weekdays)/IO p.m. to 8 a.m. (weekends): 50 dB(A) Leq (I-hour) Commercial Exterior Noise Limits 7 a.m. to 10 p.m. (weekdays)/8 a.m. to 10 p.m. (weekends): 65 dB(A) Leq (I-hour) 10 p.m. to 7 a.m. (weekdays)!lO p.m. to 8 a.m. (weekends): 60 dB (A) Leq (I-hour) Mitigated Negative Declaration 18-04-013 Page 6 City of Chula Vista Civic Center Expansion & Renovation $" -.Ç"~ surrounding the Civic Center are anticipated to result either during the period of construction or after project completion. Hazardous Materials Several Civic Center structures proposed to be demolished and renovated are known to contain hazardous materials, namely Asbestos Containing Materials (ACM), Lead-Based Paint (LBP), PCB (polychlorinated biphenyls) and CFC (chlorofluorocarbon) containing electrical equipment, and mercury vapor-containing equipment, and other structures are likely to contain similar hazardous materials. To date, hazardous materials surveys have been performed by Kleinfelder, Inc. for the City Hall Building, current Police Headquarters, Public Services Building, Legislative Building, and Community Development Building, and will also be performed for Fire Station No. I and the Ken Lee Building. Varying degrees of the aforementioned hazardous materials were identified in the buildings surveyed and are likely to occur in the buildings not yet surveyed; therefore, the proposed demolition and renovation activities could potential1y result in the emissions of these hazardous materials. To mitigate this potential impact to below a level of significance, prior to demolition and renovation activities State of California licensed asbestos and lead abatement contractor shall be retained to perform the abatement of ACMs and LBPs, general contractors shall be advised to properly dispose of lamps, mercury thermostat vials, and ballasts, and licensed air conditioning repair persons shal1 be retained to dispose of CFCs present within air conditioning units, as outlined in Section F below. All hazardous materials abatement work shall be performed in accordance with al1 applicable local, state and federal laws and regulations, including San Diego County Air Pol1ution Control District (APCD) Rule 361.145 (Standard for Demolition and Renovation) and other requirements as implemented by U.S. Occupational Safety & Health Administration (OSHA), California Division of Occupational Safety and Health (Cal/OSHA), U.S. Environmental Protection Agency (EP A), and California Department of Toxic Substances Control (DTSC). F. Mitigation Necessary to Avoid Significant Impacts Mitigation measures contained in MND IS-OI-017 are required to be implemented by the City of Chula Vista, where applicable (see Attachment A); these measures are not new mitigation measures, but are incorporated by reference ITom previously adopted MND IS-0l-017. Mitigation measures addressing new potentially significant impacts associated with the current Project, as described in Section E above, are outlined below and are contained in the Mitigation Monitoring and Reporting Program associated with this MND (see Attachment B): Noise 1. AI1 noise generating equipment (e.g., HV AC equipment, emergency generator) utilized at the new Fire Station No. I facility shall comply with the noise standards set forth in Chapter 19.68 of the Chula Vista Municipal Code at the western, southern, and eastern property Mitigated Negative Declaration IS-O4-013 Page 8 City of ChuIa Vista Civic Center Expansion & Renovation S-Sfø H. Consultation Citv of Chula Vista Jack Griffin, General Services Matt Little, General Services Frank Rivera, Engineering Silvester Evetovich, Engineering Jeff Codling, Public Works Bill Ullrich, Public Works Garry Williams, Planning and Building Duane Bazzel, Planning and Building Lynnette Tessitore-Lopez, Planning and Building Documents . Mitigated Negative Declaration IS-OI-017, Chula Vista Civic Center Master Plan and Police Headquarters, City ofChula Vista, December 8, 2000 . Cultural Resources Report for the Historical Evaluation of the Chula Vista City Hall and Chula Vista Fire Station Number I Located at 276 Fourth Avenue, Chula Vista, California 91910, Archaeos, November 2003 . Final City ofChula Vista Civic Center Master Plan, City ofChula Vista, June 2001 . City of Chula Vista Civic Center Renovation, Schematic Design, City of Chula Vista, July 18, 2003 . Mitigated Negative Declaration IS-02-033, Fire Station No.7 (including Rezone and Extension of Street "A"), City ofChula Vista, June 7,2002. . Hazardous Materials Survey, City Hall Building, City of Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista, California, Kleinfelder, Inc., January 28, 2003. . Hazardous Materials Survey, Police Station Building, City of Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista, California, Kleinfelder, Inc., January 25, 2003. . Hazardous Materials Survey, Public Services Building, City ofChula Vista Civic Center, 276 Fourth Avenue, Chula Vista, California, Kleinfelder, Inc., January 25, 2003. . Hazardous Materials Survey, Community Development Building, City of Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista, California, Kleinfelder, Inc., July 24, 2003. . Hazardous Materials Survey, Old Courthouse Building, City of Chula Vista Civic Center, 430 Davidson Street, Chula Vista, California, Kleinfelder, Inc., July 24, 2003. 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",unoo tOOZ 'to ""8., JOj p",pdn UMOP~"J. sa¡ewa¡¡y pue 3^ IU!M a¡ewIJO3 U8Wn:>oa UOIJ"rusuo:> 6 1181HX3 - Ñewwns e::l!Jd wnw!xew pee~ueJenÐ UO!~eMUe~ pue uo!suedX3 Je~ue~ ::I!^!~ 'o'lSI^ 'o'lnH~:/O AlI~ 17 1N3WH:J\1 11 \1 N " I ~ . ~ ãj > . - ; ... '-9 :I: ~ ~ ~ ::: I ~ .~ § ..:' ~ L.. ~:~! - "J > > ~ F ~ > ~ 0 < > > ." ~ ~ < ,,~ 0 < 0 > > ,,( [ z 5: > 0';;: 0 "~ i ¡:: ( ... S - ! <I!: . "¡; , ð g < """"""'."" .............................- ..- ':: ¡¡.~............ ~ ffiN' ~ _L,.'::- ~ ~§: ~: ~,"'~. ~ I[ I:!!!!J ~ ffi g> . . ()~.' I () .' :> ~ . ~ ~ " i 1315 > . . ~ n <w - ~ . l.i ~~: . It. ~ ~ < ~ ~~ ' I : () J: ~. ": 0.. < :q ¡ . in:::" 1 - ~..,-n ~ ,,= ~"_"d - I t 0 ~§ I.. ~ ~ . 0 i H n j < ! Ii . . ~ I d ~ ] J ATTACHMENT 5 FIRST AMENDMENT TO CIVIC CENTER DESIGN BUILD AGREEMENT This First Amendment is made and entered into this 3rd day of August, 2004, by and between the City of Chula Vista (herein "City"), a municipal corporation, and Highland Partnership, Inc. ("Design Builder or D/B"). City and D/B are sometimes hereinafter referred to as Parties ("Parties"). RECITALS WHEREAS, the Parties entered into an Agreement ("Original Agreement") on February 18,2003 for the construction of necessary improvements at the City's Civic Center; and WHEREAS, since that Agreement was executed, the Parties have proceeded forward on the design of these improvements; and WHEREAS, during the development ofthese designs, the scope of portions of the project have evolved in a manner not originally contemplated by the Parties; and WHEREAS, the City has determined that significant value and efficiency will be gained by modifying the scope of the project. NOW THEREFORE, in consideration ofthe mutual promises and covenants contained herein the Parties agree that the following sections ofthe Original Agreement shall be amended as follows: 1. Section 1.3.1 be amended to read as follows: "Perform all services, work and obligations as described herein for the not to exceed Guaranteed Maximum Price ("GMP") determined pursuant to Section 6.4 of this Agreement. The GMP shall not exceed the amount of Thirty-eight Million Three Hundred and Forty-Six Thousand and no cents ($38,346,000) which shall include all Hard Construction Costs necessary to provide a fully completed and functional Project including, but not limited to, the cost for all labor, equipment, material and the D/B Fixed Fee which includes fees and expenses of any type, including all expenses under this agreement, associated with completing the Project, whether on-site or off-site, and the D/B Contingency Fund. Any costs incurred by D/B in excess of said GMP shall be the responsibility ofthe D/B unless a Change Order is approved by the City pursuant to S-~3 Section 15 ofthis Agreement. All funds remaining in the GMP at completion of the Project shall belong to the City. 2. Section 1.3.2.2 shall be amended to read as follows: "Achieve "Substantial Completion" (as defined in Section 17.1) of Phase IV component A 371 calendar days from the issuance of Notice to Proceed with said component, and "Final Completion" (as defined in Section 17.3) no later than 462 calendar days from issuance of Notice to Proceed." Section 1.3.2.2 (repeated) shall be renumbered as Section 1.3.2.3 and amended to read as follows: "Achieve "Substantial Completion" (as defined in Section 17.1) of Phase IV component B 339 calendar days from the issuance of Notice to Proceed with said component, and "Final Completion" (as defined in Section 17.3) no later than 430 calendar days from issuance of Notice to Proceed." 3. Section 1.3.2.3 shall be renumbered as Section 1.3.2.4 and amended to read as follows: "Achieve "Substantial Completion" (as defined in Section 17.1) of Phase IV component C 444 calendar days fTom the issuance of Notice to Proceed with said component, and "Final Completion" (as defined in Section 17.3) no later than 535 calendar days fTom issuance of Notice to Proceed." 4. Section 6.4 shall be amended to read as follows: "Subsequent to the approval ofthe DDD, D/B shall, as directed by the City prior to the issuance of a building permit, submit a GMP for approval by City. The GMP shall include all Hard Construction Costs (including those portions ofFF&E for which D/B is responsible pursuant to FF&E Matrix), D/B Contingency Fund, and D/B Fixed Fee for the complete design and construction of the entire Project as specified in the approved DDD, as amended; provided that;" 5. Section 6.4.1 shall be amended to read as follows: "The GMP for component A shall not exceed $17,980,000. 6. Section 6.4.2 shall be added to read as follows: "6.4.2 The qMP for component B shall not exceed $9,451,000 and the GMP for component C shall not exceed $10,915,000 except as adjusted as follows: 5 -" <I If, during the period oftime from the City's approval of the GMP until the component (s) B or C full building permit is obtained ("Permit Time"), the Engineering News Record 20 City Building Construction Cost Index (BCI) average over an annual basis or a portion thereof increases more than 3 % on an annualized basis for the Permit Time, the City shall take one or more of the following actions: I) Increase the GMP through equivalent addition to D/B's contingency equal to the difference between the 3% annualized increase and the actual increase reflected in the BCI at the time of issuance of a notice to proceed for each phase, 2) Instruct the D/B to recommend to the City and implement, after approval by the City, of compensatory value engineering reductions, 3) the City may initiate the termination provisions as prescribed in Section 26 ofthis agreement, and 4) the City may make internal project budget adjustments to manage the out of the ordinary cost mcreases. 7. Section 6.4.2 of the Original Agreement shall be renwnbered as 6.4.3 8. Section 6.4.3 of the Original Agreement shall be renumbered as 6.4.4 9. Section 6.4.4 ofthe Original Agreement shall be renwnbered as 6.4.5 10. Section 6.4.5 of the Original Agreement shall be renwnbered as 6.4.6 11. Section 8.1.1.1 shall be amended to read as follows: "Component A shall included minor tenant improvements necessary to make the existing police building functional for its intended purpose, the temporary relocation of all current City Hall occupants to the former Police building; demolition ofthe existing City Hall; and construction of a new City Hall building, including a new Council Chambers, consistent with the approved CD's, Master Plan (as amended), Basis of Design, and FF&E Matrix; and relocation of appropriate departments into the new City Hall," 12, Section 8,1.1.2 shall be amended to read as follows: "Component B shall include the relocation of all occupants of the Public Services Building ("PSB"), refurbishments ofthe PSB including all office space and site work immediately surrounding the PSB consistent with the approved CD's, Master Plan (as amended), Basis of Design and FF&E Matrix and relocation of appropriate departments and staff into the refurbished PSB." $" -" ~ 13. Section 14.1 shall be amended to read as follows: "Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all services and obligations under this Agreement, D/B shall be compensated ("D/B Fixed Fee") at a fixed sum equal to $7,617,000. That portion ofthe D/B Fixed Fee earned with each Phase and component ofthe services is listed in Exhibit I ofthis Addendum. Unless otherwise expressly provided in this Agreement, D/B Fixed Fee shall include full compensation for all costs of any type incurred by D/B in performing all services and obligations under this Agreement, including but not limited to the following:" 14. Section 18.1 shall be amended to read as follows: "The "Contract Time" shall be the number of calendar days stated in Section 1.3.2 for D/B to achieve Substantial Completion for each phase or component therein. The total contract time shall not exceed 1,427 days ITom the issuance of a Notice to Proceed identified in Section 1.3.2,2." 15. The following Exhibits shall be replaced with the amended Exhibits attached hereto: Exhibit 2 Exhibit 3 Exhibit 6 Exhibit 8 Exhibit 9 14. Except as expressly provided herein all other provisions ofthe Original Agreement shall remain in full force and effect. 5" -~(P Jul-27-2004 09:54 From-HIGHLAND PARTNERSHIP lNG, 6194982970 T-447 PO02l002 HO4 SIGNATURE PAGE TO THE FIRST AMENDMENT TO THE CIVIC CENTER DESIGN BUILD AGREEMENT CITY OF CHULA VISTA HIGHLAND PARTNERSHIP, INC. /~~ Stephen Padilla, Mayor VDavid Gardner ATTEST: W Susan Bigelow, City Clerk Ian Gill Approved as to fonn by Ann Moore, City Artorney $-'7 -- ATTACHMENT SA ~~!~~~~:O;:i'TIO~l-~=- -=-"- ~-- --:. - ~..~oo =":::~;':.':";,:r"-"i- ..~ -E-~=;f.. -- -- ---~ _~IDa)'s -- __~_weeks - Mos Years çf"lc:.CenterNotiœto P~ceed wi Ph~~1.~--=- .,. ._~=. .---=~- Februa,y.18: 2()03_- OcO°-i--=.Q~OO.. 0-:-60 ::~::'~:::::~:'~~J-- .. :1- - .. =. .::~. \~J:li:: SubstatialCompletion-A 371 ,September21,2005 53.00,12.23 1.02 FinaICompletlo-nc!\ ---- ---- ---------=-- 462 ' ~_=-~December21~0!i- -J>~OO; 1,5,'23 -127 ~::""i!,~"!;;'1o¥";,"-","~ "-t- "t - ~=~; ~~oof.:F,~ _:i~ FinalCompletion-B 4~ ~arCh14'2007 61.43 14,18 1.18 ~~~~ W:"=$. :..~_. .~ -- Js*;t. a-. :~~~ "" """'" -""-- ., ~'~-'--- ,I -=- ~ ~."'"" 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L l > î , .s - 74 0 Price for Escondido public-safety bond jumps I The San Diegc A TT ACHMENT 7 Si9!lQ.t1.!œ~.com <!~ PRINTTHIS Price for Escondida public-safety bond jumps Higher construction costs blamed for $13.8 million hike By Craig Gustafson STAFF WRITER July 10, 2004 ESCONDIDO - The price tag for a proposed public-safety bond has ballooned to $84.3 million, according to updated figures released yesterday. The total- $13.8 million higher than last month's estimate - comes as the City Council prepares to place the bond measure on the Nov. 2 ballot. City officials blame a 16 percent increase in construction costs - particularly for steel, concrete and fuel- for the higher total. Union- Tribune Escondida officials have sent mailings to Assistant City Manager Jack Anderson said yesterday the city staff voters explaining the city's public-safety is trying to give the voters the best and most accurate information needs. possible before Election Day. The bond would pay for a new police/fire headquarters ($50.6 million), three fire stations ($17.5 million) and the reconstruction of Fire Station One and its training facility ($14.5 million). The remaining $1.7 million would go toward the cost of issuing the bond. If passed, property taxes would increase $34.75 a year, for 30 years, for every $100,000 in assessed valuation. It had been about $31 in the previous estimate. Despite the cost increase, Mayor Lori Holt Pfeiler said she still wholeheartedly supports the bond measure. "We can't control price increases," she said. "It's our responsibility to spend the money prudently. So the gross dollar amount is not as important as that you spend the money on the right thing." City Councilman Ed Gallo said the new numbers should provide for a good discussion Wednesday, when the council gets its first look at the ordinance detailing the bond. "Ultimately, it's going to be the taxpayers' decision," he said. "My opinion is it's going to be a harder selling job right now. It's gotten so high." S-7~ http://signonsandiego.prin!this,clickability.com!pt!cpt?actio n =cpt&ti tl e= Pri ce+ for + Esco nd. .. 7/12/2004 Price for Escondido public-safety bond jumps I The San Diego Union-Tribune Page20f3 A survey conducted this week of 350 likely Escondido voters found that the previous $70.5 million measure has 72 percent support - more than the two-thirds needed to pass. A similar poll conducted in the fall showed support at 60 percent. Of the latest survey's "yes" voters, 38 percent said they would definitely vote "yes," 29 percent said they would probably support the measure, and 5 percent indicated they leaned toward voting yes. The survey, conducted July 6-7 by Fairbank, Maslin, Maullin & Associates, has a margin of error of plus or minus 5.2 percentage points. City officials have undertaken an aggressive public-information campaign about the bond measure. They have sent mailings to 26,000 registered voters, explaining the city's public-safety needs. Officials, including Police Chief Duane White and Fire Chief Vie Reed, also have made about 20 community presentations to nearly 800 people. "I think we got good public response, especially in our presentations," Reed said. "They understand the need, . . , That's a real positive thing," The facilities are needed, the city says, to improve emergency response times and to better serve 140,000 residents. The city is expected to grow 5 percent by 2010. With five fire stations, the city has one or two fewer than cities in the county of similar size. When it was built in the mid-1970s, the police headquarters housed about 100 employees. Three decades and an added second floor later, about 340 employees use the building. The city has spent more than $2 million trying to get the bond measure off the ground. The largest chunk - $1.63 million - went to buy the property where officials hope to build a new police/fire headquarters, Anderson said. The city spent an additional $330,000 for studies on its current facilities and designing the proposed facilities. The city also paid about $160,000 for consulting and polling services, which include the mailers sent to voters. The proposed bond has seen its share of ups and downs. The original $82 million measure failed to make the March ballot over criticism that it was too hefty. The city sought public comment and then eliminated nearly $12 million by erasing a new police firing range, an upgraded dispatch system and radio equipment. The city also dropped plans to use bond money to pay itself back for the land bought for the project. For the measure to be placed on the ballot, the council must hold two public readings of the bond ordinance. Then a four-fifths majority of the council must approve it. The first public reading is scheduled for Wednesday. The second is set for July 28. :s - 71. http://signonsandiego. printthis.clickability .comlpt/cpt?action=cpt&title=Price+ for+ Escond... 7/1212004 Price for Escondido public-safety bond jumps I The San Diego Union-Tribune Page 3 of3 -Craig Gustafson: (760) 737-7559; craig.gustafson@uniontrib.com »NexlBllli'Y» Find this article at: http://www.signonsandiego.com/uniontrib/2004071 O/news_l mi1 Obonds,html Check the box to include the list of links referenced in the article. :s -77 http://signonsandiego. printtbis.clickability .com!ptlcpt?action=cpt&title=Price+ for+ Escond... 7/1212004 --- RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDED MITIGATED NEGATIVE DECLARATION AND AMENDING THE CIVIC CENTER MASTER PLAN WHEREAS, in July 2001, the City Counsel adopted the final Civic Center Master Plan; and WHEREAS, on February 18, 2003, the City Council approved a Design Build Agreement with HPI and for the design and construction of renovations of the Civic Center based upon said Master Plan; and WHEREAS, since the execution of the Design Build Agreement, design activities on the project have proceeded; and WHEREAS, a number of substantive changes have been proposed with respect to the design of the complex that will add significant value to the overall project, including the demolition and construction of a new City Hall and renovations to the Public Services Building and former Police Department; and WHEREAS, the Environmental Review Coordinator has reviewed the project and prepared a Mitigated Negative Declaration (IS-O4-013) for adoption; and WHEREAS, the specific changes to the original Master Plan are shown on Attachment #1. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby adopt Mitigated Negative Declaration (IS-O4-0 13) and amends the Civic Center Master Plan as reflected in Attachment I hereto. Presented by Approved as to form by .~~k t-/-. fA} tel MA I-Lu f Jack Griffin Ann Mo e Director of General Services City Attorney J:\COMMDEVlRESOS\O8.{)3'{)4\Amend Civic Center Complex Resn.doc $-'« RESOLUTION NO. RESOLUTION APPROVING THE FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. (HPI) FOR THE PROVISION OF SERVICES REQUIRED FOR THE DESIGN AND CONSTRUCTION OF RENOVATIONS TO THE CITY'S CIVIC CENTER COMPLEX PURSUANT TO THE AMENDED MASTER PLAN; APPROVE THE GUARANTEED MAXIMUM PRICE OF $38,346,000 FOR DESIGN/BUILD SERVICES FOR THE RENOVATIONS OF THE CIVIC CENTER COMPLEX AND AUTHORIZE THE MAYOR TO EXECUTE SAID AMENDMENT TO THE AGREEMENT. WHEREAS, the Parties entered into an Agreement ("Original Agreement") on February 18,2003 for the construction of necessary improvements at the City's Civic Center; and WHEREAS, since that Agreement was executed, the Parties have proceeded forward on the design of these improvements; and WHEREAS, during the development of these designs, the scope of portions of the project have evolved in a manner not originally contemplated by the Parties; and WHEREAS, the City has determined that significant value and efficiency will be gained by modifying the scope of the project; and WHEREAS, pursuant to the Original Agreement, prior to the commencement of construction a Guaranteed Maximum Price for design build services will be established; and WHEREAS, after incorporating changes to the scope ofthe project, accounting for significant recent increases in the costs of labor and construction material and investigating and implementing substantial value engineering deductions, a reasonable guaranteed maximum price has been proposed; and WHEREAS, the Environmental Review Coordinator has reviewed the project for compliance with the California Environmental Quality Act, and has determined that the proposed project was adequately covered in previously adopted Mitigated Negative Declaration 18-01-017; thus, no further environmental review of documentation is necessary. WHEREAS, the Parties have worked in a collaborative manner to bring forward a project that is functional, economical, environmentally friendly, meets the current and future needs of the City's workforce and provide a facility that will be utilized by the citizenry of the City of Chula Vista for many years to come. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the first amendment to the design build agreement with Highland 5-7<f Resolution 2004-218 Page 2 Partnership, Inc. for the provision of services required for the design and construction of renovations to the city's civic center complex pursuant to the amended master plan as presented in substantially final form and subject to those modifications as determined by the City Attorney to be in the City's best interest; approve the guaranteed maximum price of $38,346,000 for design/build services for the renovations of the civic center complex and authorize the mayor to execute said amendment to the agreement. Presented by Approved as to form by L ~~k eL fA} tt F ~ ~ Jack Griffin Ann oore General Services Director City Attorney J:\COMMDEV\RESOS\O8-03-04\Civic Center Agreement GMP Resolution.doc 5-~() JOINT CITY COUNCIL/FINANCING AUTHORITY AGENDA STATEMENT Item (, Meeting Date 8/03/2004 ITEM TITLE: Public Hearing of the City Council of the City of Chula Vista and the Financing Authority to consider the execution, sale and delivery of certificates of participation in order to finance certain public capital improvements. Resolution of the City of Chura Vista making required findings authorizing the execution and delivery of documents relating to the sale and delivery of not to exceed $29,000,000 2004 Certificates of Participation, (Civic Center Complex Project - Phase 1), appropriating $15,955,550 from bond proceeds and $3,000,000 from the Public Facility Development Impact Fund (PFDIF) to the Civic Center Complex project (GG-139), and reimbursement up to $6,820,450 to the PFDIF Fund for monies previously spent on the project based on anticipated proceeds from the sale of the Certificates of Participation, and authorizing and directing certain actions In connection therewith. Resolution of the City of Chula Vista making required findings authorizing the execution and delivery of documents relating to the sale and delivery of not to exceed $12,000,000 2004 Certificates of Participation, (Western Chula Vista Infrastructure Project), appropriating $9,000,000 from bond proceeds to the Western Chula Vista Infrastructure project (GG-188), and authorizing and directing certain actions In connection therewith. Resolution of the Chula Vista Public Financing Authority approving a lease/purchase agreement with the City of Chura Vista and certain other documents in connection with the execution and delivery of the 2004 Certificates of Participation, (Civic Center Project - Phase 1) in a principal amount not to exceed $29,000,000. Resolution of the Chula Vista Public Financing Authority approving a lease/purchase agreement with the City of Chula Vista and certain other documents in connection with the execution and delivery of the 2004 Certificates of Participation, (Western Chula Vista Infrastructure Project) in a principal amount not to exceed $12,000,000. SUBMITTED BY: Director of FinanCelTreasurer~ (p-I Item (p City ManagerC~ yr Page 2, Date 8/03/2004 REVIEWED BY: (4/5ths Vote: Yes LNo -) SUMMARY: The Council has previously approved a capital project to renovate the Civic Center Complex, and directed staff to return with recommended long-term-financing. We anticipate two financing phases. The financinq plan discussed in this report is referred to as Phase 1 and includes fundinq for the first component of the Civic Center Complex renovation !Demolition and Construction of Citv Hall) and infrastructure improvements in Western Chula Vista. The infrastructure improvements, which are unrelated to the City Hall expansion, are included in this financing plan in order to save on issuance costs. Staff is recommending approval of a long-term borrowing by issuing Certificates of Participation in an amount not to exceed $41,000,000. The funding for the final two construction components will be brought back for Council consideration as Phase 2 of the financing plan in order to coincide with the construction timeline. RECOMMENDATION: Council: Conduct public hearing required by Government Code 6586.5. Resolution of the City of Chula Vista making required findings authorizing the execution and delivery of documents relating to the sale and delivery of not to exceed $29,000,000 2004 Certificates of Participation, (Civic Center Complex Project - Phase 1), appropriating $15,955,550 from bond proceeds and $3,000,000 from the Public Facility Development Impact Fund (PFDIF) to the Civic Center Complex project (GG-139), and reimbursement up to $6,820,450 to the PFDIF Fund for monies previously spent on the project based on anticipated proceeds from the sale of the Certificates of Participation, and authorizing and directing certain actions In connection therewith. Resolution of the City of Chula Vista making required findings authorizing the execution and delivery of documents relating to the sale and delivery of not to exceed $12,000,0002004 Certificates of Participation, (Western Chula Vista Infrastructure Project), appropriating $9,000,000 from bond proceeds to the Western Chula Vista Infrastructure project (GG-188), and authorizing and directing certain actions In connection therewith. Financing Authority: Resolution of the Chula Vista Financing Authority approving a lease/purchase agreement with the City of Chula Vista and certain other documents in connection with the execution and delivery of the 2004 Certificates of Participation, (Civic Center Project - Phase 1) in a principal amount not to exceed $29,000,000. Resolution of the Chula Vista Financing Authority approving a lease/purchase agreement with the City of Chula Vista "-;J... Item to Page 3, Date 8/03/2004 and certain other documents in connection with the execution and delivery of the 2004 Certificates of Participation, (Western Chula Vista Infrastructure Project) in a principal amount not to exceed $12,000,000. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The first component (Component A) of the Civic Center project will be the demolition and reconstruction of City Hall. The work contemplated in Component A of construction is the demolition of the existing 18,300 square foot City Hall Building. City Hall Is currently occupied by the offices for the Mayor and Council, City Manager, City Attorney, City Clerk, Office of Budget and Analysis and Human Resources. The new City Hall building will total 42,230 square feet and will be occupied by the Mayor and Council, Council Chambers, City Manager, City Attorney, City Clerk, Office of Budget and Analysis, Office of Public Information and Finance Department. Upon completion of City Hall, the second and third components of construction will begin. The Public Services Building (Component B) will be renovated followed by renovation of the former Police Department building (Component C). The Public Services Building will be renovated and slightly increased in size. The current building is 29,700 square feet in size and houses the Council Chambers, Finance Department, Planning Department and the Engineering Division of the General Services Department. The renovated building will total 30,562 square feet. The small increase of 862 square feet is due to the demolition of the Council Chambers and the "squaring off" of that corner of the building to make it more conducive for reuse as an office area. The renovated Public Services Building will be occupied by the Planning Department, the Community Development Department and the Engineering Division of the General Services Department. The former Police Department will be renovated but the square footage will not be altered (52,160 sq. ft.). The building is currently occupied by the Management and Information Systems Department. Upon completion of the renovations, the building will be occupied by the Human Resources Department, Recreation Department, portions of the Planning Department, portions of the Engineering Division of the General Services Department, the Management and Information Systems Department and the City's Credit Union. When this final renovation is complete, two other buildings, the Community Development Building and the Legislative Building will be demolished and parking will be added in that space. Also, throughout all of the components, various site work will be occurring as parking areas are constructed and relocated and a central landscaped plaza will be developed. The financing plan discussed in this report includes funding for Component A of the Civic Center Camp/ex project. Staff will develop and return to Council with the second phase of financing for the final two construction components in order to coincide with the construction timeframe. '-.3 Item ~ Page 4, Date 8/03/2004 The approved Civic Center Master Plan also included the relocation of existing Fire Station No.1 to the site of the current Ken Lee Building. The Fire Station is not intended to be constructed along with the remainder of the Civic Center camp/ex and is not included in this financing plan. Staff will return to Council at a future date when it appears that both funding and operational functionality require that the relocation of Fire Station No.1 be considered for implementation. PFDIF Update During the most recent update of the Public Facility Development Impact Fee (November 2002), the cost of the renovation of the Civic Center (excluding Fire Station 1 and financing cost) was $34,798,333. Since then the total estimated project cost for the Civic Center Complex project (all Components excludinq Fire Station 1 and financing cost) is $50,148,000. The increase in cost is attributed to insurance costs which were not included in the initial estimate ($3.4 million), increased construction costs ($13.2 million) related to the increased cost of steel, updated design costs and the relocation of the Council Chambers which will be included in the City Hall building itself and a net reduction in costs for permits, staff services and contingencies (-$1.3 million). The next PFDIF update will take into account the increased costs which will be somewhat offset by a PFDIF credit of $1.7 million related to the costs of Fire Station 1 which will now be funded by the General Fund or other appropriate non-development impact fees. It is staff's intention to present to the City Council an update of the PFDIF, not exclusively limited to the Civic Center component, upon the completion of City's General Plan update. Citv Hall Complex Renovation - Component A Component A of the project involves the demolition and reconstruction of City Hall to include new Council Chambers within City Hall and temporary renovations to the former Police Facility, which will house City Hall staff during the construction. The City has previously entered into a contract with Highland Partnership, Inc. for design/build services for the entire project. The total cost of Component A. excluding financing, is anticipated to be approximately $22.8 million, broken down as follows: Design of City Hall Renovations $ 1,299,000 Design of Temporary Renovations to Current PD $ 65,000 Development Staff Costs $ 120,000 DesignlBuilders Fee (Design) $ 240,000 Design/Builders Fee (Construction) $ 680,000 Design Builders Reimbursables $ 199,000 Construction Allowance Budgets $ 855,000 General Conditions $ 1,075,000 Demolition and Construction $10,838,000 On-Site Improvements $ 2,117,000 Construction Contingency $ 691.000 Total Design Builder Costs $18,179,000 6-4 Item tr:, Page 5, Date 8/03/2004 City Budgeted Allowances (Permits, Staff Time Furniture and Equipment, Project Management Services, Contingencies, Other Equipment $ 2,974,000 Project Insurance $ 1,623,000 Total Component A - City Hall Project $22,776,000 Western Chula Vista Infrastructure Project In order to focus on improving the infrastructure in western Chula Vista, a non-traditional approach will be implemented. Eastern Chula Vista has the revenue stream from development impact fees to provide the streets, parks and public safety facilities, Western Chula Vista Chula Vista does not have that revenue stream and has had to rely on more traditional funding sources for capital improvements such as Community Development Block Grant funds (CDBG). Included in this financing plan is $9,000,000 in project costs, which will be dedicated to fund various infrastructure improvements such as replacement/rehabilitation of corrugated metal pipe; drainage improvements; park renovation/development; and renovation of the Woman's Club. Residential construction tax funds will be used to finance the debt service commitment. This project is independent of the Civic Center Project but included in this financing plan both for convenience and savings on cost of Issuance. Western Chula Vista Infrastructure Project Proiect Descriptions Amount Women's Club Renovation $ 450,000 Otay Park Renovation $ 1,500,000 Emerson Street Drainage $ 730,000 Drainage Improvement $ 620,000 Corrugated Metal Pipe Replacement/Rehab. $ 3,000,000 Eucalyptus Park Reconstruction $ 2,700,000 Total Project Costs $ 9,000,000 LonQ Term FinancinQ On February 18, 2003, Council appropriated $3,820,450 from the PFDIF fund to finance the pre-construction costs of the Civic Center project. Included in this staff report is a request for additional appropriations of $3,000,000 from development fees to permit the Civic Center project to continue while the City proceeds with long-term financing of the project. Currently, there are no appropriations for the Western Chula Vista Infrastructure project related to this financing plan. Staff is recommending that the existing appropriations from the PFDIF fund be reimbursed by borrowing additional funds due to the very low interest rates currently 6-S" Item Co Page 6, Date 8/03/2004 available. Reimbursements will only be for funds expended at the time the bond proceeds become available. Any remaining funds will be deposited into the construction fund and used on project costs. The total cost of Component A, excludinq financinq costs, is anticipated to be approximately $22,776,000. The portion of the borrowing attributable to the development fee funding commitment is 88.8% or $20,221,754, with the remainder, 11.2% or $2,554,246 attributable to the City funding commitment. The project costs for the Western Chula Vista Infrastructure Project to be financed within this plan is $9,000,000, excludinq financinq costs. Debt service commitments will be funded from Residential Construction Tax revenue, which is paid in conjunction with the construction of new residential dwelling units at the time of building permit issuance. The funds can be utilized for a variety of municipal purposes including infrastructure improvements, park and recreation facilities and other capital improvements. Staff is recommending that long-term financing be obtained to provide approximately $31,776,000 for project costs, which is derived as follows: Funding Ratios Proiect Description Proiect Cost Fundinq Civic Center Renovation - Compo A 22,776,000 PFDIF 88.8%/General Fund 11.2% Western Chula Vista Infrastructure 9,000,000 RCT Fund 100% Total Project Cost $ 31,776,000 In December, 2000, the Council approved an agreement with Harrell & Co. Advisors, LLC to provide financial advisory services for determining the most appropriate borrowing structure and for executing long-term financing transactions to provide funding for both the Police Headquarters and Civic Center Remodeling projects. Harrell & Co, is recommending that the required funds for the Civic Center project be obtained through a standard competitively bid certificate of participation issue, which is a vehicle that the City/Agency has used in the past for financing such projects as the police facility, corporation yard, shopping center remodel, the downtown parking structure, etc. The typical structure is such that certain assets, are leased to a separate legal entity, in this case the City's Financing Authority, which then leases the assets back to the City. The Financing Authority then borrows money through the municipal market by causing the trustee bank to sell certificates of participation, which entitle the holder to a proportionate share of the City's lease payments (i.e. principal & interest). The lease payments from the City are established at a level sufficient to pay the debt service payments due to the certificate holders, In order to generate the $31,776,000 required to complete the funding of these projects, it is estimated under current market conditions that a borrowing of approximately $38.2 million will be necessary. It is estimated that for a Certificate issue of this size, with a 30- year final maturity, the total debt service will amount to approximately $76.8 million, which includes net financing cost of $38.2 million. This figure includes an estimated net interest cost of $34.5 million, capitalized interest cost of $2.7 million, an underwriter's discount of $300,000, an insurance premium of $457,445, miscellaneous costs of ¿,-Cø Item tø Page 7, Date 8/03/2004 issuance including financial advisory services, legal services, etc. of approximately $376,650. The semi-annual debt service (lease) payments that will begin in March 2007, will vary slightly year to year, but the average annual amount due is estimated at approximately $2.6 million ($1.9 million Civic Center Project - Phase 1 and $700,000 Western Chula Vista Infrastructure Project), Average Annual Debt Service Civic Center Proiect: PFDIF Fund (88.8%) 1,687,200 General Fund (11.2%) 212,800 Subtotal $ 1,900,000 Western Chula Vista Infrastructure RCT Funds (100%) $ 700,000 Total Avg. Annual Debt Svc. $ 2,600,000 It is felt that these figures are somewhat conservative and that the actual costs should be less if market conditions remain fairly stable until the date of sale for the Certificates. As indicated previously, this amount is a shared commitment, funded by development fees, residential construction tax revenues and the General Fund. However, it must be noted that if at any time over the next 30 years, there are insufficient development fee revenues on hand to meet the debt service obligation related to the Civic Center Project or sufficient RCT funds to meet the debt service obligation of the Western Chula Vista Infrastructure project, the unmet obligation would fall to the General Fund. Outstanding Debt Although not considered a City "debt" in the strictly legal definition of the term, the annual lease payments for such a large borrowing will increase the total annual debt service commitment of the City's General Fund by almost 25% when the first full year payment is due in fiscal year 2006-07. At that time, it is projected that the General Fund annual debt service commitment will total approximately $12.8 million, or approximately 8% of the projected General Fund operating budget. Viewed in isolation, this percentage would be considered moderately high for a local governmental entity. However, it must be noted that although this amount is truly a General Fund commitment, only $6.0 million is scheduled to actually be paid from General Fund resources, with the remaining $6.8 million scheduled to be paid from development fees, residential construction taxes etc.. This $6.0 million represents approximately 4% of the projected General Fund operating budget, which would be considered more of an average debt burden for a local governmental entity. It should also be noted that the single largest annual debt service commitment of the General Fund is the $2.3 million payment on the Pension Obligation Bonds, which could easily be viewed as an operational expense categorized as "-'7 Item tø Page 8, Date 8/03/2004 personnel retirement, rather than debt service, thereby further reducing the "real" debt burden on the General Fund for comparison purposes. The financing-related resolutions approve the competitive sale of Certificates in a total amount not to exceed $41,000,000, and also, approve the Site lease, lease/Purchase Agreement, Preliminary Official Statement, Trust Agreement, and other necessary documents on file with the City Clerk, and authorize them to be executed and distributed in connection with the sale of the Certificates. In addition, the resolutions authorize the Director of Finance to solicit and obtain insurance on the transaction if it is found to be economically advantageous. Finally, the resolutions authorize staff to take all actions as may be necessary to close the transaction, including execution of all required closing documents. FISCAL IMPACT: Adoption of these resolutions will amend the CIP budget by appropriating $15,955,550 in bond proceeds and $3,000,000 from the PFDIF fund on the Civic Center project, $9,000,000 from bond proceeds on the Western Chula Vista Infrastructure project and the reimbursement of up to $6,820,450 to the Public Facilities Development Impact Fund for monies previously spent on the project, and recognize net long-term financing costs over a thirty year period of approximately $38.2 million. The ongoing fiscal impact based on debt service obligations will on average be approximately, $212,800 to the General Fund, $1.7 million to the PFDIF fund and $700,000 to the Residential Construction Fund. As previously mentioned, the General Fund guarantees that the debt service will be paid. If at any time insufficient funds are available in the PFDIF or RCT funds, the General Fund would be committed to fund the debt service obligation which will be approximately $2,6 million annually. The projected and recommended funding sources for the total of these projects and financing costs are as follows: Financing Summary Civic Center - Phase 1 Western CV Infrast. Total PFOIF 88.8% General Fund 11.2% Total Civic Ctr. 100% RCT All Projects Gross Interest 24,502,584 3,090,416 27,593,000 10,983,000 38,576,000 COl/Capitalized Interest 2,432,232 306,768 2,739,000 1,084,000 3,823,000 Reserves 1,669,440 210,560 1,880,000 745,000 2,625,000 Project Fund 20,221,754 2,554,246 22,776,000 9,000,000 31,776,000 Total Costs 48,826,010 6,161,990 54,988,000 $ 21,812,000 $ 76,800,000 Net Financing Costs $ 24,278,808 $ 3,062,192 $ 27,341,000 $ 10,883,000 $ 38,224,000 Net Oebt Service $ 24,547,202 $ 3,099,798 $ 27,647,000 $ 10,929,000 $ 38,576,000 Total Cost $ 48,826,010 $ 6,161,990 $ 54,988,000 $ 21,812,000 $ 76,800,000 ~-~ CITY COUNCIL CITY OF CHULA VISTA RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA MAKING REQUIRED FINDINGS AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SALE AND DELIVERY OF NOT TO EXCEED $29,000,000 2004 CERTIFICATES OF PARTICIPATION (CIVIC CENTER PROJECT - PHASE I), APPROPRIATING $15,955,550 FROM BOND PROCEEDS AND $3,000,000 FROM THE PUBLIC FACILITY DEVELOPMENT IMPACT FUND ("PFDIF") TO THE CIVIC CENTER COMPLEX PROJECT (GG-139), AND REIMBURSING UP TO $6,820,450 TO THE PFDIF FUND FOR MONIES PREVIOUSLY SPENT ON THE PROJECT BASED ON ANTICIPATED PROCEEDS FROM THE SALE OF THE CERTIFICATES OF PARTICIPATION, AND AUTHORIZING CERTAIN DOCUMENTS AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Chula Vista (the "City") is a municipal corporation and a chartered city duly organized and existing under and pursuant to the Constitution and laws of the State of California (the "State"); and WHEREAS, the City desires to construct, reconstruct, modernize and equip the Civic Center for the City (the "Project"); and WHEREAS, the City wishes to finance the Project with the assistance of the Chula Vista Public Financing Authority (the "Authority") and authorize the sale of the 2004 Certificates of Participation (Civic Center Project - Phase I) (the "Certificates") under the Trust Agreement described below, and WHEREAS, the City, in order to facilitate the execution and delivery of the Certificates, the City intends to lease to the Authority certain real property described herein (the "Site") pursuant to a Site Lease (as defined below) and to lease the Site back from the Authority pursuant to the Lease (as defined below); and WHEREAS, the City has held a public hearing on the date hereof pursuant to Government Code Section 6586.5 following publication of notice not less than 5 days prior to the hearing, concerning the financing of the Project and the execution and delivery of the Certificates; and WHEREAS, the forms of the documents necessary to finance the Project and provide for the execution and delivery of the Certificates are on file with the City Clerk as described herein; and WHEREAS, all acts, conditions and things required by the Constitution and laws of the State to exist, to have happened and to have been performed precedent to and in connection with the consummation of the financing authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the City is now duly authorized and 4,-'1 empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided; NOW, THEREFORE, the City Council of the City ofChula Vista does hereby resolve as follows: SECTION 1. Findings. The City Council hereby specifically finds and declares that each of the statements, findings and determinations of the City set forth in the recitals set forth above and in the preambles of the documents approved herein are true and correct and that the financing of the Project will result in significant public benefits for the residents of the City of the type described in Government Code Section 6586 (a), (c) and (d). SECTION 2. Authorization of Certificates and ADDroDriations. The City Council hereby authorizes the financing all or a portion of the acquisition, construction, and installation of the Project through the preparation, sale and delivery of Certificates in an amount not to exceed $29,000,000. If the City requests that the Certificates be sold as a single series together with certificates of participation to renovate certain infrastructure improvements in the western portion of the City (the "Infrastructure Certificates"), then the authorized officers of the Authority are authorized and directed to take such actions as are necessary to implement a single financing plan utilizing a single set of the Agreements (as defined below) for such purpose. The City Council hereby appropriates $15,955,550 from proceeds of the Certificates and $3,000,000 from the Public Facility Development Impact Fund (the "PFDIF Fund") to the construction and installation of the Project and authorizes the reimbursement of up to $6,820,450 from proceeds of the Certificates to the PFDIF Fund for monies previously spent on the Project. SECTION 3. LeaselPurchase Agreement. The form of the LeaselPurchase Agreement dated as of August I, 2004 (the "Lease"), between the City and the Authority, presented to this meeting and on file with the City Clerk (the "Clerk"), is hereby approved. Each of the Mayor of the City (the "Mayor"), the City Manager of the City (the "City Manager") and the Director of Finance ofthe City (the "Director of Finance") or their designees (collectively, the "Authorized Officers"), is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority the Lease in substantially said form, with such changes therein as the Authorized Officer or Officers executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of the Authorized Officers. The property to be leased pursuant to the Lease (the "Site") to finance the Project shall consist of the Civic Center site. If the Certificates and the Infrastructure Certificates are sold as a single series of certificates of participation, there shall be added to the Site one or more City fire stations if needed to provide fair rental value for the combined series of certificates of participation. Each of the Authorized Officers is hereby authorized and directed to determine which of the City fire stations, ifany, shall be included as a part ofthe Site as described above. SECTION 4. Site Lease. The form of the Site Lease, dated as of August I, 2004 (the "Site Lease"), between the Authority and the City, presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority the Site Lease in substantially said form, with such changes therein as the Authorized Officer or Officers executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of such Authorized Officers. SECTION 5. Trust Agreement. The form of the Trust Agreement, dated as of August I, 2004 (the "Trust Agreement"), among the City, the Authority and the Trustee (defined below), presented to this 2 '-10 ,... .. meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority and the Trustee the Trust Agreement in substantially said form, with such changes therein as the Authorized Officer or Officers executing the Trust Agreement may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of the Authorized Officers. SECTION 6. Appointment of Trustee. BNY Western Trust Company is appointed trustee (the "Trustee") under the Trust Agreement. SECTION 7. Assignment Agreement. The Assignment Agreement, dated as of August I, 2004, between the Trustee and the Authority in the form on file with the Clerk is hereby approved for execution and delivery by the Authority. SECTION 8. Notice Inviting Bids. The form of the Notice Inviting Bids on file with the Clerk is approved and the City's Financial Advisor is authorized to solicit bids for the sale of the Certificates by publishing once in a newspaper of general circulation in the State of California, not less than 15 days prior to receipt of bids, a short form of the Notice Inviting Bids and to mail to prospective purchasers of the Certificates the Notice Inviting Bids substantially in the form on file with the Clerk together with such changes thereto as the Director of Finance or her designee, approve. The Director of Finance and her designee are authorized, on behalf of the City, to accept the bid of the lowest responsible bidder for the Certificates provided that (a) the principal amount of the Certificates does not exceed $29,000,000 and (b) the true interest cost of the Certificates as calculated by the City's Financial Advisor does not exceed 7.0% per annum. In the event that the Certificates are sold together with the Infrastructure Certificates as a single series of certificates of participation, the portion of the combined series allocable to the Project as calculated by the City's Financial Advisor shall not exceed $29,000,000. The sale may be conducted through electronic means if the Director of Finance of the City, or her designee, determines that such process will assist the City in obtaining the lowest interest cost for the Project. SECTION 9. Bond Insurance. The Director of Finance and her designee are hereby authorized to (i) solicit bids on a municipal bond insurance policy, (ii) to negotiate the terms of such policy, (iii) to finalize the form of such policy with a municipal bond insurer and (iv) if it is determined that the policy will result in interest rate savings for the City, to pay the insurance premium of for policy from the proceeds of the sale of the Certificates. SECTION 10. Preliminary Official Statement. The form of the Preliminary Official Statement, presented to this meeting and on file with the Clerk, is hereby approved. The Director of Finance and her designee are hereby authorized to make such changes to the Preliminary Official Statement as are necessary to make it final as of its date and are authorized and directed to execute and deliver a certificate deeming the Preliminary Official Statement final as of its date in accordance with Rule 15c2-12 promulgated under the Securities Exchange Act of 1934. Each of the Authorized Officers is hereby authorized and directed to execute, approve and deliver the final Official Statement in the form of the Preliminary Official Statement with such changes, insertions and omissions as the Authorized Officer or Officers executing said document may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of such Authorized Officers. SECTION 11. Continuing Disclosure Agreement. The form of the Continuing Disclosure Agreement, dated as of August I, 2004, between the City and the Trustee (the "Continuing Disclosure 3 ,-U Agreement"), presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Trustee the Continuing Disclosure Agreement in substantially said form, with such changes therein as the Authorized Officer or Officers executing such document may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more if such Authorized Officers. SECTION 12. Agencv Agreement. The form of the Agency Agreement, dated as of August I, 2004, between the City and the Authority (the "Agency Agreement"), presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority the Agency Agreement in substantially said form, with such changes therein as the Authorized Officer or Officers executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of such Authorized Officers. SECTION 13. Attestations. The Clerk and such person or persons as may have been designated by the Clerk to act on her behalf, are hereby authorized and directed to attest the signature of the Authorized Officers designated herein to execute any documents described herein, and to affix and attest the seal of the City, as may be required or appropriate in connection with the execution and delivery of the Lease, the Trust Agreement, the Continuing Disclosure Agreement, the Site Lease and the Official Statement. SECTION 14. Other Actions. The Authorized Officers are each hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which each may deem necessary or advisable (including the payment of a premium for a municipal bond insurance policy, a debt service surety bond, or other form of credit enhancement, and the payment of other costs of issuance approved by the Director of Finance or her designee) in order to consummate the sale, execution and delivery of the Certificates and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution, the Certificates, the Lease, the Trust Agreement, the Continuing Disclosure Agreement, the Site Lease, the Agency Agreement, the Notice Inviting Bids, the Preliminary Official Statement, and the Official Statement. Such actions heretofore taken by such officers or designees are hereby ratified, confirmed and approved, In the event that it is determined by the Director of Finance, or her designee, that there are limitations or restrictions on the ability of the City to lease any portion of the Site as contemplated by the Site Lease and the Lease, the Director of Finance, or her designee, may designate other real property of the City to be leased pursuant to the Site Lease and the Lease with such designation to be conclusively evidenced by the execution and delivery of the Site Lease and the Lease by one or more of the Authorized Officers. SECTION 15. Effect. This Resolution shall take effect immediately upon its passage. Presented By Approved As To Form By ~j ~k t-L ¿J 0- ~!-Lu &...... Maria Kachadoorian Ann ore Director of Finance City Attorney :ICOMMDEVIRESOSIO8-03-04ICIVIC CENTER cops I.DOC 4 ,-( 2... CITY COUNCIL CITY OF CHULA VISTA RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA MAKING REQUIRED FINDINGS AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SALE AND DELIVERY OF NOT TO EXCEED $12,000,000 2004 CERTIFICATES OF PARTICIPATION (WESTERN CHULA VISTA INFRASTRUCTURE PROJECT), APPROPRIATING $9,000,000 FROM PROCEEDS TO THE WESTERN CHULA VISTA INFRASTRUCTURE PROJECT (GG-188), AND AUTHORIZING CERTAIN DOCUMENTS AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Chula Vista (the "City") is a municipal corporation and a chartered city duly organized and existing under and pursuant to the Constitution and laws of the State of California (the "State"); and WHEREAS, the City desires to install and to renovate certain infrastructure improvements in the western portion of the City including street, drainage and park improvements (collectively, the "Project"); and WHEREAS, the City wishes to finance the Project with the assistance of the Chula Vista Public Financing Authority (the "Authority") and authorize the sale of the 2004 Certificates of Participation (Western Chula Vista Infrastructure Project) (the "Certificates") under the Trust Agreement described below, and WHEREAS, the City, in order to facilitate the execution and delivery of the Certificates, the City intends to lease to the Authority certain real property described herein (the "Site") pursuant to a Site Lease (as defined below) and to lease the Site back from the Authority pursuant to the Lease (as defined below); and WHEREAS, the City has held a public hearing on the date hereof pursuant to Government Code Section 6586.5 following publication of notice not less than 5 days prior to the hearing, concerning the financing of the Project and the execution and delivery of the Certificates; and WHEREAS, the forms of the documents necessary to finance the Project and provide for the execution and delivery of the Certificates are on file with the City Clerk as described herein; and WHEREAS, all acts, conditions and things required by the Constitution and laws of the State to exist, to have happened and to have been performed precedent to and in connection with the consummation of the financing authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the City is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided; NOW, THEREFORE, the City Council of the City of Chula Vista does hereby resolve as follows: rø -( .3 SECTION 1. Findings. The City Council hereby specifically finds and declares that each of the statements, findings and determinations of the City set forth in the recitals set forth above and in the preambles of the documents approved herein are true and correct and that the financing of the Project will result in significant public benefits for the residents of the City of the type described in Government Code Section 6586 (a), (c) and (d). SECTION 2. Authorization of Certificates and Appropriation of Funds. The City Council hereby authorizes the financing all or a portion of the acquisition, construction, and installation of the Project through the preparation, sale and delivery of Certificates in an amount not to exceed $12,000,000. In the event that the City Council approves the execution and delivery of the 2004 Certificates of Participation (Civic Center Project - Phase I) (the "Civic Center Phase I Certificates"), then the Certificates and the Civic Center Phase I Certificates may be combined into a single series of certificates of participation and be sold together as directed by the City Manager, the Director of Finance or their designees, and a single set of the financing documents described herein shall be used for the combined series. In the event that Civic Center Phase I Certificates are not approved by the City Council, then the Certificates shall be sold separately in accordance with this Resolution. The City Council hereby appropriates $9,000,000 of proceeds of the Certificates to the construction and installation of the Project. SECTION 3. Lease/Purchase Agreement. The form of the Lease/Purchase Agreement dated as of August I, 2004 (the "Lease"), between the City and the Authority, presented to this meeting and on file with the City Clerk (the "Clerk"), is hereby approved. Each of the Mayor of the City (the "Mayor"), the City Manager of the City (the "City Manager") and the Director of Finance of the City (the "Director of Finance") or their designees (collectively, the "Authorized Officers"), is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority the Lease in substantially said form, with such changes therein as the Authorized Officer or Officers executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of the Authorized Officers. The property to be leased pursuant to the Lease (the "Site") shall consist of (i) the Civic Center site if the Certificates are being sold together with the Civic Center Phase I Certificates and, (ii) if the Certificates are being sold separately or if needed to provide the fair rental value required to finance the Project improvements, one or more City fire stations. Each of the Authorized Officers is hereby authorized and directed to determine which of the City fire stations, if any, shall be included as a part of the Site as described above. SECTION 4. Site Lease. The form of the Site Lease, dated as of August I, 2004 (the "Site Lease"), between the Authority and the City, presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority the Site Lease in substantially said form, with such changes therein as the Authorized Officer or Officers executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of such Authorized Officers. SECTION 5. Trust Agreement. The form of the Trust Agreement, dated as of August I, 2004 (the "Trust Agreement"), among the City, the Authority and the Trustee (defined below), presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority and the Trustee the Trust Agreement in substantially said form, with such changes therein as the Authorized Officer or Officers executing the Trust Agreement may 2 fø - ref require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of the Authorized Officers. SECTION 6. ADDointment of Trustee. BNY Western Trust Company is appointed trustee (the 'Trustee") under the Trust Agreement. SECTION 7. Assignment Agreement. The Assignment Agreement, dated as of August I, 2004, between the Trustee and the Authority in the form on file with the Clerk is hereby approved for execution and delivery by the Authority. SECTION 8. Notice Inviting Bids. The form of the Notice Inviting Bids on file with the Clerk is approved and the City's Financial Advisor is authorized to solicit bids for the sale of the Certificates by publishing once in a newspaper of general circulation in the State of California, not less than 15 days prior to receipt of bids, a short form of the Notice Inviting Bids and to mail to prospective purchasers of the Certificates the Notice Inviting Bids substantially in the form on file with the Clerk together with such changes thereto as the Director of Finance or her designee, approve. The Director of Finance and her designee are authorized, on behalf of the City, to accept the bid of the lowest responsible bidder for the Certificates provided that (a) the principal amount of the Certificates does not exceed $12,000,000 and (b) the true interest cost of the Certificates as calculated by the City's Financial Advisor does not exceed 7.0% per annum. In the event that the Certificates are sold together with the Civic Center Phase I Certificates as a single series of certificates of participation, the portion of the combined series allocable to the Project as calculated by the City's Financial Advisor shall not exceed $12,000,000. The sale may be conducted through electronic means if the Director of Finance of the City, or her designee, determines that such process will assist the City in obtaining the lowest interest cost for the Project. SECTION 9. Bond Insurance. The Director of Finance and her designee are hereby authorized to (i) solicit bids on a municipal bond insurance policy, (ii) to negotiate the terms of such policy, (iii) to finalize the form of such policy with a municipal bond insurer and (iv) if it is determined that the policy will result in interest rate savings for the City, to pay the insurance premium of for policy from the proceeds of the sale of the Certificates. SECTION 10. Preliminary Official Statement. The form of the Preliminary Official Statement, presented to this meeting and on file with the Clerk, is hereby approved. The Director of Finance and her designee are hereby authorized to make such changes to the Preliminary Official Statement as are necessary to make it final as of its date and are authorized and directed to execute and deliver a certificate deeming the Preliminary Official Statement final as of its date in accordance with Rule 15c2-12 promulgated under the Securities Exchange Act of 1934. Each of the Authorized Officers is hereby authorized and directed to execute, approve and deliver the final Official Statement in the form of the Preliminary Official Statement with such changes, insertions and omissions as the Authorized Officer or Officers executing said document may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of such Authorized Officers. SECTION II. Continuing Disclosure Agreement. The form of the Continuing Disclosure Agreement, dated as of August I, 2004, between the City and the Trustee (the "Continuing Disclosure Agreement"), presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Trustee the Continuing Disclosure Agreement in substantially said form, with such changes therein as the Authorized Officer or Officers executing 3 ,--,ç such document may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more if such Authorized Officers. SECTION 12. Agency Agreement. The form of the Agency Agreement, dated as of August I, 2004, between the City and the Authority (the "Agency Agreement"), presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority the Agency Agreement in substantially said form, with such changes therein as the Authorized Officer or Officers executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of such Authorized Officers. SECTION 13. Attestations. The Clerk and such person or persons as may have been designated by the Clerk to act on her behalf, are hereby authorized and directed to attest the signature of the Authorized Officers designated herein to execute any documents described herein, and to affix and attest the seal of the City, as may be required or appropriate in connection with the execution and delivery of the Lease, the Trust Agreement, the Continuing Disclosure Agreement, the Site Lease and the Official Statement. SECTION 14. Other Actions. The Authorized Officers are each hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which each may deem necessary or advisable (including the payment of a premium for a municipal bond insurance policy, a debt service surety bond, or other form of credit enhancement, and the payment of other costs of issuance approved by the Director of Finance or her designee) in order to consummate the sale, execution and delivery of the Certificates and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution, the Certificates, the Lease, the Trust Agreement, the Continuing Disclosure Agreement, the Site Lease, the Agency Agreement, the Notice Inviting Bids, the Preliminary Official Statement, and the Official Statement. Such actions heretofore taken by such officers or designees are hereby ratified, confirmed and approved. In the event that it is determined by the Director of Finance, or her designee, that there are limitations or restrictions on the ability of the City to lease any portion of the Site as contemplated by the Site Lease and the Lease, the Director of Finance, or her designee, may designate other real property of the City to be leased pursuant to the Site Lease and the Lease with such designation to be conclusively evidenced by the execution and delivery of the Site Lease and the Lease by one or more of the Authorized Officers. SECTION 15. Effect. This Resolution shall take effect immediately upon its passage. Presented By Approved As To Form By / 'rJ ~ J.... -r /.- (),) ú , 1-t-X. /.Lu (~ Maria Kachadoorian Ann oore Director of Finance City Attorney J:ICOMMDEV\RESOSIO8-03-04\CIVIC CENTER cops 2.DOC 4 fø-(~ RESOLUTION NO. CHULA VISTA PUBLIC FINANCING AUTHORITY RESOLUTION OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY APPROVING A LEASE/PURCHASE AGREEMENT WITH THE CITY OF CHULA VISTA AND CERTAIN OTHER DOCUMENTS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE 2004 CERTIFICATES OF PARTICIPATION (CIVIC CENTER PROJECT - PHASE I) IN A PRINCIPAL AMOUNT NOT TO EXCEED $29,000,000 WHEREAS, the Chula Vista Public Financing Authority (the "Authority") is a joint exercise of powers authority organized and existing under Article 4 of Chapter 5 of Division 7 of Title I of the Government Code of the State of California (the "JPA Act") with the authority to assist in the financing of the construction, reconstruction, modernization and equipping of certain capital improvements on behalf of the City ofChula Vista (the "City"); and WHEREAS, in order to finance the construction, reconstruction, modernization and equipping of the Civic Center for the City (the "Project"), the Authority and the City have determined that it would be in the best interests of the Authority, the City and residents of the City to authorize the preparation, sale and delivery of the 2004 Certificates of Participation (Civic Center Project - Phase I) in an aggregate principal amount not to exceed $29,000,000 (the "Certificates"), which Certificates evidence fractional interests in certain lease payments to be made pursuant to the Lease (as defined below); and WHEREAS, in order to facilitate the execution and delivery of the Certificates, the City and the Authority desire to enter into a Site Lease between the City and the Authority (the "Site Lease") and a Lease/Purchase Agreement between the City and the Authority (the "Lease"), the forms of which have been presented to this Board of Directors at the meeting at which this Resolution is being adopted and pursuant to which the City will under the Site Lease lease the Civic Center site (the "Property") to the Authority and under the Lease will lease the Property back from the Authority and pay certain Lease Payments (as defined in the Lease); and WHEREAS, the Certificates will be executed and delivered to the owners thereof pursuant to a Trust Agreement among BNY Western Trust Company (the "Trustee"), the City and the Authority (the "Trust Agreement"), the form of which has been presented to this Board of Directors at the meeting at which this Resolution is being adopted; and WHEREAS, the Authority desires to assign its right to receive such Lease Payments from the City to the Trustee pursuant to an Assignment Agreement between the Authority and the Trustee (the "Assignment Agreement"), the form of which has been presented to this Board of Directors at the meeting at which this Resolution is being adopted; and WHEREAS, the Authority desires to appoint the City as its agent for the purposes of the acquisition, construction, delivery and installation of the Project pursuant to an Agency Agreement between the Authority and the City (the "Agency Agreement"), the form of which has been presented to this Board of Directors at the meeting at which this Resolution is being adopted; and (,,-1; WHEREAS, the City Council ofthe City has held a public hearing on the date hereof pursuant to Section 6586.5 of the JPA Act, and the City Council has found that the financing of the Project, including the execution and delivery of the Certificates by the Authority, will result in significant public benefits for the residents ofthe City; and WHEREAS, the Authority has determined and hereby finds that the Authority's assistance in financing the Project by the execution and delivery ofthe Certificates by the Authority will result in significant public benefits of the type described in Section 6586 (a), (c) and (d), inclusive, of the JPA Act; and WHEREAS, there has been presented to this Board of Directors at the meeting at which this Resolution is being adopted the form of a Notice Inviting Bids pursuant to which the Certificates will be sold; and NOW, THEREFORE, the Board of Directors of the Authority does hereby resolve as follows: SECTION 1. Certificates. This Board of Directors hereby authorizes the preparation, sale and delivery of the Certificates in an aggregate principal amount not to exceed $29,000,000 in accordance with the terms and provisions of the Trust Agreement. The purposes for which the proceeds of the sale of the Certificates shall be expended are to pay all or a portion of the costs the Project, to fund capitalized interest due with respect to the Certificates, to purchase a reserve fund surety bond or to fund a reserve fund, and to pay the costs ofthe sale and delivery of the Certificates. Ifthe City requests that the Certificates be sold as a single series together with certificates of participation to install and renovate infrastructure improvements in the western portion of the City (the "Infrastructure Certificates"), then the authorized officers of the Authority are authorized and directed to take such actions as are necessary to implement a single financing plan utilizing a single set of the Agreements (as defined below) for such purpose. SECTION 2. Certificate Documents. The Site Lease, the Lease, the Trust Agreement, the Assignment Agreement and the Agency Agreement (collectively, the "Agreements") presented at this meeting are approved. Each ofthe Chair, Vice Chair, Executive Director, Chief Financial Officer and Secretary of the Authority, or the Chair's designee, are authorized and directed to execute and deliver the Agreements. The Agreements shall be executed in substantially the forms hereby approved, with such additions thereto and changes therein as are recommended or approved by counsel to the Authority and approved by the officer or officers of the Authority executing the Agreements, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of the officers listed above. SECTION 3. Notice Inviting Bids. The form of the Notice Inviting Bids is approved and the City's Financial Advisor is authorized to solicit bids for the sale of the Certificates by publishing once in a newspaper of general circulation in the State of California, not less than 15 days prior to receipt of bids, a short form of the Notice Inviting Bids and to mail to prospective purchasers of the Certificates the Notice Inviting Bids substantially in the form on file with the Secretary, together with such changes thereto as the Executive Director, the Chief Financial Officer or their designees approve. The City Manager of the City is authorized to accept the bid of the lowest responsible bidder for the Certificates providing that (a) the principal amount ofthe Certificates does not exceed $29,000,000 and (b) the true interest cost of the Certificates as calculated by the City's Financial Advisor does not exceed 7.0% per annum. In the event that the Certificates are sold together with the Infrastructure Certificates as a single series of certificates of participation, the portion of the 2 G, -( r¡ combined series allocable to the Project as calculated by the City's Financial Advisor shall not exceed $29,000,000. SECTION 4. Other Actions. The Chair, Vice Chair, Executive Director, Chief Financial Officer, Secretary and other officers of the Authority are authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the sale and delivery of the Certificates, and the execution of the Agreements and otherwise effectuate the purposes of this Resolution, and such actions previously taken by such officers are hereby ratified and confirmed. SECTION 5. Effect. This Resolution shall take effect from and after its date of adoption. Presented By Approved As To Form By <4%~/~.tL f/JiL~ IJJJ 1&1. Maria Kachadoorian 'Ann ore I Director of Finance City Attorney J:ICOMMDEV\RESOSIO8-03-04\CIVIC CENTER cops 3.DOC 3 to-Ie¡ RESOLUTION NO. CHULA VISTA PUBLIC FINANCING AUTHORITY RESOLUTION OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY APPROVING A LEASE/PURCHASE AGREEMENT WITH THE CITY OF CHULA VISTA AND CERTAIN OTHER DOCUMENTS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE 2004 CERTIFICATES OF PARTICIPATION (WESTERN CHULA VISTA INFRASTRUCTURE PROJECT) IN A PRINCIPAL AMOUNT NOT TO EXCEED $12,000,000 WHEREAS, the Chula Vista Public Financing Authority (the "Authority") is a joint exercise of powers authority organized and existing under Article 4 of Chapter 5 of Division 7 of Title I of the Government Code of the State of California (the "JPA Act") with the authority to assist in the financing of the construction, reconstruction, modernization and equipping of certain capital improvements on behalf ofthe City of Chula Vista (the "City"); and WHEREAS, in order to finance the installation and renovation of certain infrastructure improvements in the western portion of the City including street, drainage and park improvements (the "Project"), the Authority and the City have determined that it would be in the best interests of the Authority, the City and residents of the City to authorize the preparation, sale and delivery of the 2004 Certificates of Participation (Western Chula Vista Infrastructure Project) in an aggregate principal amount not to exceed $12,000,000 (the "Certificates"), which Certificates evidence fractional interests in certain lease payments to be made pursuant to the Lease (as defined below); and WHEREAS, in order to facilitate the execution and delivery of the Certificates, the City and the Authority desire to enter into a Site Lease between the City and the Authority (the "Site Lease") and a Lease/Purchase Agreement between the City and the Authority (the "Lease"), the forms of which have been presented to this Board of Directors at the meeting at which this Resolution is being adopted and pursuant to which the City will under the Site Lease lease certain real property determined by the City to be sufficient to provide the fair rental value required to finance the Project (collectively, the "Property") to the Authority and under the Lease will lease the Property back from the Authority and pay certain Lease Payments (as defined in the Lease); and WHEREAS, the Certificates will be executed and delivered to the owners thereof pursuant to a Trust Agreement among BNY Western Trust Company (the "Trustee"), the City and the Authority (the "Trust Agreement"), the form of which has been presented to this Board of Directors at the meeting at which this Resolution is being adopted; and WHEREAS, the Authority desires to assign its right to receive such Lease Payments from the City to the Trustee pursuant to an Assignment Agreement between the Authority and the Trustee (the "Assignment Agreement"), the form of which has been presented to this Board of Directors at the meeting at which this Resolution is being adopted; and WHEREAS, the Authority desires to appoint the City as its agent for the purposes of the acquisition, construction, delivery and installation of the Project pursuant to an Agency Agreement '-:to between the Authority and the City (the "Agency Agreement"), the form of which has been presented to this Board of Directors at the meeting at whjch thjs Resolution is being adopted; and WHEREAS, the City Council of the City has held a public hearing on the date hereof pursuant to Section 6586.5 of the JPA Act, and the City Council has found that the financing of the Project, including the execution and delivery of the Certificates by the Authority, will result in significant public benefits for the residents ofthe City; and WHEREAS, the Authority has determined and hereby finds that the Authority's assistance in financing the Project by the execution and delivery of the Certificates by the Authority will result in significant public benefits of the type described in Section 6586 (a), (c) and (d), inclusive, of the JPA Act; and WHEREAS, there has been presented to this Board of Directors at the meeting at which this Resolution is being adopted the form of a Notice Inviting Bids pursuant to which the Certificates will be sold; and NOW, THEREFORE, the Board of Directors of the Authority does hereby resolve as follows: SECTION I. Certificates. This Board of Directors hereby authorizes the preparation, sale and delivery of the Certificates in an aggregate principal amount not to exceed $12,000,000 in accordance with the terms and provisions of the Trust Agreement. The purposes for which the proceeds of the sale of the Certificates shall be expended are to pay all or a portion of the costs the Project, to fund capitalized interest due with respect to the Certificates, to purchase a reserve fund surety bond or to fund a reserve fund, and to pay the costs of the sale and delivery of the Certificates. If the City requests that the Certificates be sold as a single series together with certificates of participation to renovate the Civic Center (the "Civic Center Phase I Certificates"), then the authorized officers ofthe Authority are authorized and directed to take such actions as are necessary to implement a single financing plan utilizing a single set of the Agreements (as defined below) for such purpose. SECTION 2. Certificate Documents. The Site Lease, the Lease, the Trust Agreement, the Assignment Agreement and the Agency Agreement (collectively, the "Agreements") presented at this meeting are approved. Each of the Chair, Vice Chair, Executive Director, Chief Financial Officer and Secretary of the Authority, or the Chair's designee, are authorized and directed to execute and deliver the Agreements. The Agreements shall be executed in substantially the forms hereby approved, with such additions thereto and changes therein as are recommended or approved by counsel to the Authority and approved by the officer or officers of the Authority executing the Agreements, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of the officers listed above. SECTION 3. Notice Inviting Bids. The form ofthe Notice Inviting Bids is approved and the City's Financial Advisor is authorized to solicit bids for the sale ofthe Certificates by publishing once in a newspaper of general circulation in the State of California, not less than 15 days prior to receipt of bids, a short form of the Notice Inviting Bids and to mail to prospective purchasers of the Certificates the Notice Inviting Bids substantially in the form on file with the Secretary, together with such changes thereto as the Executive Director, the Chief Financial Officer or their designees approve. The City Manager of the City is authorized to accept the bid of the lowest responsible bidder for the Certificates providing that (a) the principal amount of the Certificates does not exceed 2 ,-~, $12,000,000 and (b) the true interest cost of the Certificates as calculated by the City's Financial Advisor does not exceed 7.0% per annum. In the event that the Certificates are sold together wjth the Civic Center Phase I Certificates as a single series of certificates of participation, the portion of the combined series allocable to the Project as calculated by the City's Financial Advisor shall not exceed $12,000,000. SECTION 4. Other Actions. The Chair, Vice Chair, Executive Director, Chief Financial Officer, Secretary and other officers of the Authority are authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the sale and delivery of the Certificates, and the execution of the Agreements and otherwise effectuate the purposes of this Resolution, and such actions previously taken by such officers are hereby ratified and confirmed. SECTION 5. Effect. This Resolution shall take effect from and after its date of adoption. Presented By Approved As To Form By 4,itt/~+L (~o.O f.lv- /'"- Maria Kachadoorian v AnnM re Director of Finance City Attorney J:ICOMMDEVIRESOSIO8-03-04ICIVIC CENTER cops 4.DOC 3 '-.;t-- PAGE 1, ITEM NO.: 7 MEETING DATE: 08/03/2004 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM TITLE: PUBLIC HEARING TO CONSIDER: (A) RE-ZONING A 1.2-ACRE SITE AT 1030/1034 BROADWAY FROM THE THOROUGHFARE COMMERCIAL PRECISE PLAN (C- T -P) ZONE TO THE CENTRAL COMMERCIAL PRECISE PLAN (C-C-P) ZONE, INCLUDING ADOPTION OF PRECISE PLAN STANDARDS ALLOWING REDUCTION IN BUILDING SETBACKS AND PARKING REQUIREMENTS; AND (B) SPECIAL USE PERMIT TO ALLOW FOR A MIXED-USE PROJECT THAT INCLUDES A 5,000 SQ. FT. OFFICE BUILDING, AND 30 RESIDENTIAL CONDOMINIUM UNITS, ALONG WITH PARKING, OPEN SPACE, ACCESS AND CIRCULATION, AND LANDSCAPED AREAS a) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE NEGATIVE DECLARATION (15-03-034) AND AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE, REZONING A 1.2 ACRE PARCEL LOCATED AT 1030/1034 BROADWAY FROM THE CTP (THOROUGHFARE COMMERCIAL, PRECISE PLAN) ZONE TO THE CCP (CENTRAL COMMERCIAL, PRECISE PLAN) ZONE AND ADOPTING PRECISE PLAN STANDARDS b) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING SPECIAL USE PERMIT SUPS 04- 07 AND DESIGN FOR A MIXED-USE RESIDENTIAL AND OFFICE COMMERCIAL DEVELOPMENT LOCATED AT 1030/1034 BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR fIV<!. t,¡4j. PLANNING AND BUILDING DIRECTOR. REVIEWED BY: EXECUTIVE DIRECTOR 4/STHS VOTE: YES t::]Nõ'"'0 BACKGROUND The applicant is requesting an amendmenf fo the zoning map, rezoning 1.2 acres on fhe west side of Broadway between Moss and Naples Sfreef (see Locator) from Commercial Thoroughfare, Precise Plan (CTP) fo Central Commercial, Precise Plan (CCP). The applicanf is also requesfing 0 Special Use Permit to allow fhe construction and operafion of an office commercial/residenfial mixed-use project at the same location. The Environmental Review Coordinator has reviewed fhe proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-03-034 in accardance 7-( PAGE 2, IIEM NO.: .., MEETING DAlE: 08/03/2004 with fhe California Environmental Quality Act. Based upon fhe results of the Initial Sfudy, the Environmental Review Coordinator defermined that the project could resulf in effects on the environment. However, reyisians to the project made by or agreed fo by the applicant would avoid the effects or mifigate fhe effects to a point where clearly no significanf effects would occur; therefore, fhe Environmenfal Review Coordinafor prepared 0 Mitigafed Negative Declaration, IS-03- 034. RECOMMENDATION Thot the City Council and fhe Redevelopment Agency fake fhe following actions: a) Adopt fhe City Council Ordinance adopfing fhe Mifigafed Negative Declarafion ond amending the Zoning Map; and b) Adopt fhe Redevelopment Agency resolution approving fhe Special Use Permif and design for the mixed use project, subject to fhe condifions confained in fhe resolution. BOARDS/COMMISSIONS RECOMMENDATION On April 19, 2004, fhe Resource Conservafion Commission voted 4-0-0-3 to recommend adopfion of the Mitigated Negative Declarotion, IS-03-034. Public commenf was received on April 25, 2003 (see minutes, Attachmenf 1). On May 17, 2004, the Design Reyiew Committee voted 3-0-1-1 fo recommend that the Redevelopmenf Agency condifionally approve fhe design of fhe project (see minufes, Attachment 2). On June 16, 2004, the Planning Cammission cansidered the Rezone and Special Use Permit and, after hearing sfaff's presentafion, vofed 7-0 fo recommend odopfion of the Mitigated Negafive Declarafion (IS 03-034) and approve the project in accordonce with fhe findings and subject to the conditions and regulations contained in City Council Ordinance and Redevelopmenf Agency resolufions (see minufes and PC Resolufion, Attachment 3). DISCUSSION 1. Existing Site Characteristics The project is locafed on the wesf side of Broadway, between Moss and Naples Street. The sife is located in an urbanized area in fhe Soufhwest Redevelopment Area. The project site contains 2 configuous parcels. The lorger of fhe two (1030 Broadway) is approximotely .85 acres and is currenfly vacanf buf previously developed wifh a mobile home park. The smaller of the two (1034 Broadway) is approximately .36 acres and cantains an old one-story triplex building. The overall project sife is generally rectangular in shape wifh fhe larger of fhe two parcels (1030 Broadway) approximately 36 feef deeper (see Locator Map). Surrounding land use regulafions and actual uses are as follows: 7-J-.. PAGE 3, ITEM NO.: 7 MEETING DATE: 08/03/2004 General Plan Montgomery SP Zoning Current Land Use Sife: Refail MCO (Mercantile/Office Comm.) CTP Yacanf/triplex-building North: Refail!Res. MCO/HDR (High density res.) CTP/R3 Retail! Apartments Sauth: Retail MCO/LDR (Law density res.) CT/R1 Animal Hosp.Nac. Res. Easf: Retail MCO (Mercanfile/Office Comm.) CTP Refail Commercial West: LM Res. LDR (Low density res.) R-1 Single family residenfial 2. Project Descripfion The proposed project involves two entiflements. A rezone fo change fhe exisfing and underlying zone from Thoroughfare Commercial, Precise Plan (CTP) to Central Commercial, Precise Plan (CCP) and incorporation of precise plan standards into fhe existing precise plan modifying disfrict; and a Special Use Permif to consfruct and operafe a residenfial!office commercial mixed use project. The applicafion includes a requesf to consider shared parking. The mixed-use project features: 1) 30 residentiol condominium units; 2) 5,000 square foof office building; 3) 19,314 squore feet of open space 4) 73 on-site porking spaces (4 spaces would be designafed shared parking spoces). Addifional on-sfreet parking spoces will be available on Broadway along fhe project fronfage. Access fo fhe off-sfreet parking for the projecf will be from Broadway by a driveway locoted at the south end of the project site. The applicant will also be submitting an application for a 2-lot tenfafive parcel map (TPM) to place fhe office building on one lot, and fhe 30 condominium units on a second lof. 3. Development Standards Table The mixed-use developmenf project has been evaluated using fhe CC zone development sfandards for the office commercial component and the R-3 sfandards for fhe residentiol componenf. CATEGORY REQUIRED PROPOSED Zoning CTP. Thoroughfare CCP-Cenfral Commercial, Commercial, Precise Plan Precise Plan General Plan CR-Commercial Retail CR-Commercial Refail Montgomery Specific Plan MCO-Mercanfile Office MCO- (Mercantile Office DesiQnation Commercial Commercia) Lof Area 1.2 acres 1.2 ocres Parking Residential (30 unifs) 60 spaces 56 spaces Office (1 space/300 sf) 12 spaces 12 spaces Tofal 77 spaces 73- Compact Space Allowance 10% (8 spaces) 21% 116 saaces)-- Lof Coveroae 50 percenf 22.3% percent Setbacks (CYMC) Office (CC standards) 7-3 PAGE 4, ITEM NO.: -r MEETING DATE: 08/03/2004 CATEGORY REQUIRED PROPOSED Fronf Yord 25 feef 3 ft. (single-story arcade)" 8 ft. (2-sfory bldg.)'* Side Yard None, except when 0 ft. (north; 4 ft. (soufh fower abutting SF residenfial element) Distance between bldgs 10 feet 15 feet between office bldg. and res. Blda. #1 Residential (R3 standards) Side Adjacenf fo commercial 7 feet 5-1/2 feet (north side)** 74 feef (south side) Adjacenf to R-1 15 feef 10 feef (so./adj. fo R-1)** Reor Building 17 feef 15 feef* Balconv 17 feef 13 feet Montgomery Specific Pion Fronf Yard 15 feet 3 ft. (single-sfory arcade)** 8 ft. (2-sforv bldQ.)** Building Heighf Office (CC zone) None, unless adjacenf fo 2-story, 30 feet CO or residential zone Residenfial (R3zone) 2 V2 story/28 feef 3 sfory, 35 feet*** maximum * Applicant requesting approval of shared parking for 4 parking spaces. ** Deviafions from typical opplicable requirements will be accommodafed by Precise Plan standords discussed later in fhis report. *** Increase in heighf limif allowed per Section 19.28.060(A)(2), as recommended by fhe Design Review Committee on May 17, 2004 4. Analysis The project has been evaluafed in accordance with the goals and objectives of fhe Southwest Redevelopment Plan area and Chapfer 10, Section 5.9, of the General Plan (see Attachment 4). The General Plan sfates fhat medium to high density residential developmenf is potenfially desirable along certain sections of Broadway in order fo break up the continuous strip of refail commercial. Implemenfafion of this goal began last year wifh fhe opproval of mixed use projects at 760 and 825 Broadway. The General Plan sfafes thaf mixed-use deyelopment should cansider occess, appropriate setbacks ond screening from any adjacent non-compafible uses, and that implemenfafian of this policy should consider a special zone or land use overlay that would establish specific developmenf criteria while visually and economically enhancing fhe area and promofing a beneficial develapment for the general welfare of fhe citizens in the area and the City. The propased rezone and precise plan standards are being requested in order to provide 7-4- PAGE 5, ITEM NO.: 7 MEETING DATE: 08/03/2004 this development criteria. The Special Use Permit will ensure development of a project whose individual commercial and residential componenfs will function cohesively wifh fhe existing surrounding uses. In regards fo land use compafibility, on May 17, 2004, fhe Design Review Committee reviewed the project design for the proposed mixed use project. The Committee discussed fhe issue of land use compatibility based upon a letter received by one of fhe nearby property owners expressing privacy concerns wifh fhe proposed project in ferms of its proximity fo adjacent single- family residenfial properties to fhe wesf. Part of fhis concern was based on fhe proposed three sfory/35 foot building height for the residential buildings. Based upon section 19.28.060(2) the Design Review Committee, on May 17, 2004, reviewed and is recommending the proposed 35 feet/3 story height limit for fhe project. This recommendation was based upon fhe Committees finding that the height, bulk, mass and proportion of all structures is compatible with the site, as well as in scale with fhe sfructures on adjoining and surrounding properties in fhe area. Staff had concurred fhat fhe residential buildings have been designed and placed on the site in a way fhot maximizes the use of open space/landscape areas and breaks up fhe vertical appearance of the three story buildings. The project will provide approximafely 16,099 square feef of usable open space. Usable open spoce includes: the front and rear open courtyard/gross areas; the two covered kiosk/lawn areas, fhe rear grass orea and fhe private patio/balconies. In addition, given fhe location of existing single family residences west of fhe proposed project (at least 150 feet away), a 6 foof high wall and enhanced landscaping is proposed along fhe wesf property line. Staff, fhe Design Review Committee and fhe Planning Commission have 011 concluded that adequafe visual screening has been provided. Also, given fhe combinafion of wall and landscaping, if is anticipated fhat only fhe 2 third sfory balconies of Buildings 3 and 4 (which is 2 out of fhe fotal 30 patio/balconies for the project) will have any views over the wesferly adjacent properties. Staff spoke to the neighbor who has now expressed safisfaction wifh fhe modified plans. No one attended the DRC or Planning Commission meefings to elaborote on their concerns. The DRC did nof recommend any addifional modificafions. Rezone The proposed rezone from the CTP fo CCP zone is requesfed by fhe developer because the CCP zone allows mixed-use development while fhe CTP zone does nof. The Urban Core Specific Plan, currently underwoy, will provide more specific zone district and development sfandards for mixed use projects. However, currently the CC zone is the only yiable zone district to develop mixed-use projects. Both zones are consistent with fhe General Plan land Use Element, which designafes fhis area Retail Commercial. The proposed CCP zone is also consisfent with fhe exisfing MOC (Mercantile Office Commercial) designation of the Monfgomery Specific Plan, and will contribute to the public convenience and general welfare by further assisfing fhe City's efforts to satisfy the goals and objectives of Redevelopmenf Agency and Chapfer 10, Section 5.9, of fhe General Plan (see Goals & Objectives, attachment 7). Exhibit B of Attachment 3 delineates the proposed zone for fhe project site in relafion fo fhe exisfing surrounding zoning. 7-5: PAGE 6, IIEM NO.: 7 MEEIING DAlE: 08/03/2004 Addinq P Modifier to Zoninq Desiqnation Section 19.56.041 of fhe CVMC indicafes thaf fhe evidence of one or more specific circumstances musf be evident in order to add a P modifier to 0 zoning designation. One such circumstance, delineafed in 19.56.041 (C) is thaf fhe basic or underlying zone regulafion does nof allow fhe property owner ond/or city appropriate confrol or flexibility needed fo achieve an efficienf and proper relafionship among the uses allowed in the adjacent zone. Because the project is surrounded by a combination of exisfing commercial and residenfial uses, one of fhe criteria used fo defermine fhe preferred design of fhe project has been to insure thaf the commercial portion of fhe project was situated adjacenf fo commercial uses ond fhe residenfial portion was most adjacent to existing residential uses. Precise Plan Standards The proposed Precise Plan sfandords deviate from fhe odopfed Zoning Ordinance and Montgomery Specific Plan, while respecting fhe surrounding land uses. Proposed zoning ordinance deviations include both Sefback reductions and Parking deviafions. These proposed developmenf standards are shown in fhe "proposed" column of fhe Project Data Tobie shown above and more specifically outlined in Exhibif C of the Draft City Council Ordinance (see Attachmenf 3). Setback Reductions In order to meef fhe goal of a more urban, pedesfrian-orienfed project, the proposed development standards allow for certain encroachmenfs into the required sefbacks. Sefback reductions include: a)reducing fronf yard setback from 25 feet fo 3 feet (single sfory arcade) and 8 feet (two sfory building); b) reducing side yard setbacks from 7 feet to 5 1/2 feef on north side and from 15 feet fo 10 feef on south side (adjacent to vacanf R-1 lot); c) reducing rear yard sefback from 17 feef fo 15 feet (building) and 13 feet (balconies). Staff is of the opinion fhat emphasis on a more urban and pedestrian orienfed design is in keeping wifh fhe exisfing development design frends. Both fhe CC zone and Montgomery Specific Plan standards were adopted af a time when emphasis was on having buildings set back behind a landscaped/parking area. Adopfion of the proposed precise plan development sfandards will allow reduced building sefbacks which are conducive wifh fhe above sfafed goals of encouraging a mixed-use project which is in keeping with the goals of achieving a more urban, pedestrian-oriented project. The reduction in building sefbacks will allow the above referenced goals to be achieved by I) allowing fhe office commerciol component of the project fo be locafed close fo the sidewalk along Broadway, thereby achieving fhe pedesfrian orienfed nafure of the project; 2) ollow for a better balance between open space and buildings on the lot. Larger open space areas as well as pedestrian corridors can be provided between building sfructures while, at fhe same fime, maintaining fhe desire density of the project. Due to the orientafion of existing development on 7-Co PAGE 7, ITEM NO.: ..., MEETING DATE: 08/03/2004 adjacent properties, no negatiye impact is anticipated as a result of the proposed setback reductions. Parkinq Parking deviafions include: aJ increase allowable compact parking spaces from 10% to 21 %; bJ allow four required off-sfreet parking spaces fo be shared parking by residential and commercial tenants. These 4 shared parking spaces should be counfed fowards meeting fhe parking requiremenfs for office use and be considered guesf parking for the residenfiol componenf, thereby reducing the residenfial parking requirement by said 4 spaces. Staff further believes fhese four guesf spaces can be shared wifh fhe required office parking spaces since the primary need for guesf parking will be during the hours when offices will be closed (i.e. evenings and weekends). These 4 spaces will be available by guesfs of the residential unifs, especially during off-peak hours. The four parking spaces must be designated as shared parking ond a reciprocal parking or of her similar type of agreement will be required fo insure said spaces remoin always available for shared parking. Due to the hours of operofion of fhe office building, it is anficipafed there will not be a conflict in allowing said parking spaces to be utilized by guests of fhe residenfial units on evenings and weekends. An increase in allowable compoct spaces along wifh fhe allowance for shored porking will ollow for a reduction in fhe size of the required parking field. This reduction will ollow a mixed use project fo be designed with more areas of open space fo visually reduce the bulk of project while still achieving the goal of being an urban/pedesfrian-oriented development. Special Use Permit Under the proposed CCP zone designafion, section 19.36.030(0) of the Zoning Ordinance requires that a mixed use project only be ollowed by an approved conditional use permit. Because fhe sife is located within fhe Southwesf Redevelopmenf Area, a special use perm if is required which will require opproval by fhe Redevelopmenf Agency. In addition to the normal required findings for the granfing of a use permit, ouflined in section 19.14.080, fhe approval of use permit for a mixed-use project is also subject fo compliance fo the specific sfandards and guidelines outlined in section 19.58.205 of CYMe. The following paragraphs discuss, how fhe proposed project meets these sfandards. The proposed site plan and elevafions are shown in Attachment 5. The use permit shall be reviewed and approved by fhe City Councilor Redeve/opmenf Agency. Because the project falls within fhe Soufhwest Redevelopmenf Area, fhe Redevelopmenf Agency will review ond fake action on fhis requesf. The commercial and residential componenfs shall be planned and implemented together. The office and residential components of fhe project have been designed to complemenf each other yet stand alone in terms of functional usage. The office component contains the required 7-7 PAGE 8, ITEM NO.: 7 MEETING DATE: 08/03/2004 omount of parking in the vicinity of the southerly property line. Due to the orientation of the project close to the street, pedestrian access to the building is readily available from Broadway as well as fhe adjacenf parking area. The residenfial unifs ore locafed fo the rear of fhe site and, of her than 4 shared parking spaces, contain a seporate parking field seporafed from fhe office use by a gate. Separate pedestrian access from the parking areas ore proyided between the office and residential uses. The maximum allowable residenfial density will be governed by fhe provisions of fhe R-3 zone based upon the fotal project area, less any area devofed exclusively to commercial use, including commercial parking and circulafion areas. The approved density may be significanfly less than fhe maximum allowable density depending on site-specific facfors, including fhe density and relafionship of surrounding residenfial areas, if any. The proposed 30 units comply wifh fhe allowable density bosed upon excluding the land devoted to office use and exclusiye office parking from the ~alculation. A fotal of 43,395 square feet of the project sife consfifufe the residenfial component of fhe 1.3-acre site. Based upon section 19.28.070 of fhe CYMC a fotal of 43,380 square feet ore required for fhe proposed twenty-four 2-bedroom and six 3-bedroom unifs. Parking, access and circulafion shall be largely independenf for fhe commercial and residential components of fhe project, Each use componenf shall provide off-sfreef parking in accordance wifh city sfandards. The office parking will be closesf fo Broodway and separated from fhe residentiol parking area to the rear by a security gafe. As allowed under the proposed precise pion standards, concurrently being considered for opproval, four shared porking spaces are proposed which will accommodafe bofh office parking as well as parking for guesf of the residenfial units, primarily during off-peak hours. The residenfial componenf shall meef fhe private and common open space requiremenfs of fhe R-3 zone, The proposed project exceeds bofh fhe privafe and common open space requirements. A fofal of 12,480 square feef of open space are required for fhe 30-unit residential componenf of fhe project. Of this tofal amount required, 0 minimum of 2,800 square feet of priyate open spoce are required with the remainder being common open space. The applicant is providing 2,802 square feet of privote open spoce and 13,297 squore feef of common open space for a tofal of 16,099 square feef of open space. The conditional use permit may include a resfriction on commercial uses and/or business hours in order to avoid conflicts with residenfial unifs. The fact fhaf fhe proposed commercial use is an office building will provide a use, which is compatible with nearby residential development and should not require any restrictions on hours 7-'ð PAGE 9, IIEM NO.: MEETING DATE: 08/03/2004 of operation. In addition, the orientation of the office building towards Broadway will limit any potenfial negative impact on residential unifs located behind the building on the same sife. Desian Feotures: The Design Review Committee is in favor of fhe project design and recommends approval by fhe Redevelopmenf Agency. Specific design features for which the Committee gave a favorable response included: . Architectural compotibility between rear of office building and fronf of fhe closesf residenfial building (Building No.1) . The additional tower elemenf added along fhe soufh elevotion to provide symmetry with the proposed fower at the north end of fhe project sife. . The use and locafion of plaza feotures between buildings. . Placement of fhe office building close to Broadway in order fo allow for more open/plaza areas between the buildings. Housina: The site for fhe proposed project contains three units (one tri-plex) that were vacafed and boarded up in June 2004. The three units are assumed to be affordable. Because the proposed project is wifhin the redevelopment area, the housing units removed because of the Project will be replaced pursuant to Section 33413 of fhe California Health and Safety Code. CONCLUSION: Staff believes thaf fhe requested project entiflemenfs allow for a mixed use project which meets the goals and objectives of providing 0 more urban pedesfrian orienfed project af this locafion. As discussed in this report, the project will achieve fhe goal of Chapfer 10, section 5.9 of fhe General Plan, which encourages development of mixed-use projects along Broadway which are infegrafed into the surrounding development. If is hoped fhaf such a project will enhance the orea ond potenfially become a model for archifectural design fur future developmenf of this area olong Broadway. For the reasons discussed in this report, sfaff recommends approval of fhe proposed project. FISCAL IMPACT The applicanf has paid for all cosfs associafed with fhe processing of the Rezone, Special Use Permit and Design Review applicafions ond will be responsible for paying corresponding Developmenf Impact fees and of her applicable developmenf ond processing fees. The proposed development project has an estimafed net valuation of $6,250,000. This would generate approximately $62,500 in annual tax-increment revenue. This amount would be divided as follows: Twenty percent ($12,500) for the Housing Set-Aside fund; of the remaining 7-~ PAGE 10, ITEM NO.: MEETING DATE: 08/03/2004 $50,000, fifty three percent ($26,500) will be allocated to of her taxing entities as part of the tax sharing pass thru agreements; fhe rest ($23,500) will accrue to the Merged Redevelopmenf Project Area fund on an annual basis. AnACHMENTS 1. Minutes of Resource Conservafion Committee 2. Minutes of Design Review Committee 3. Planning Commission minufes and Resolufion. 4. Chapter 10, Section 5.9 of fhe General Plan 5. Figures 6. Mifigoted Negafive Declaration 7. Commenf letter on Negafive Declarafion 8. Disclosure Sfofement H:\COMMDEV\TAPIA\Pharu, Plaza Project - All doc,\Oave', Ve"ion,\Pharu, Plaza Jo;nt Agenda Statement - Aug 3 Q4.doc 7-(0 ATTACHMENT 1 DRAFT MINUTES OF A REGULAR MEETING OF THE RESOURCE CONSERVATION COMMISSION April 19, 2004 Ken Lee Building Conference Room 430 "F" Street -- . - MEETING CALLED TO ORDER by Vice-Chair Doug Reid at 5:08 p.m. ROLL CALL/MOTION TO EXCUSE MSC (Jasek/Bensoussan) to excuse Chair Terry Thomas and Commissioner John Chávez. Vote: (4-0-0-1) with Means absent. Commissioner Tracy Meanš- was not excused. MEMBERS PRESENT: Vice-Chair Doug Reid. Commissioners Pamela Bensoussan, Stanley Jasek and Juan Diaz STAFF PRESENT: Paul Hellman, Environmental Projects Manager Maria Muett, Associate Planner Linda Bond, Recording Secretary APPROVAL OF MINUTES: None. ORAL COMMUNICATIONS: None. NEW BUSINESS 1. 15-03-034 - Pharus Plaza, 1030-1034 Broadway Ms. Maria Muett (Associate Planner) described the project location and site and summarized the proposed project. She stated that oral comments were received in response to the Notice of Initial Study from two members of the public regarding aesthetics/privacy to adjacent single-family residential properties, building bulk, parking on side streets, traffic and density. She also stated that no oral or written comments were received on the adequacy of the draft Mitigated Negative Declaration. Ms. Muett summarized the primary environmental issues addressed through the Initial Study and In the Mitigated Negative Declaration, including the proposed mitigation measures to reduce potentially significant air quality and hazards and. hazardous materials impacts to below a level of significance. Commission Comments Commissioner Jasek asked how the oral comments were received. Ms. Muett responded that they were received by telephone. 7-{( DRAFT DRAFT RCC Minutes - 2 - April 19. 2004 Vice-Chair Reid asked if residential development is permissible through a use permit in the CT Zone, Ms. Muett stated it is not permissible. which is the reason why the proposal includes the rezoning of the property from CTP to CCP. Vice-Chair Reid asked if the rezoning would trigger a greater requirement for school fees. Mr. Paul Hellman (Environmental Projects Manager) -indicated that the Chula Vista Elementary School District's c~mment letter ericourageö th-e developer to participate in alternative financing mechanisms in lieu of developers fees. but did not state that this wouid be required. Commissioner Jasek inquired about who is responsible for assessing impacts from the proposed increase in density on existing sewer facilities, Mr. Hellman indicated that the Engineering Division reviews the adequacy of sewer and other City facilities and that in this case the Sweetwater Authority assessed the adequacy of water facilities. MSC (DiazJJasek) that the RCC determine that the Initial Study is adequate and recommend that the Mitigated Negative Declaration be adopted. Vote: (4-0-0-3) with Thomas, Chávez and Means absent. ENVIRONMENTAL REVIEW COORDINATOR COMMENTS: None. CHAIR COMMENTS: None. COMMISSIONER COMMENTS: None, ADJOURNMENT: Vice-Chair Reid adjourned the meeting at 5:28 p.m. to a regular meeting on Monday, May 3. 2004. at 6:00 p.m. in the Ken Lee Building Conference Room, 430 "F" Street, Chula Vista, CA 91910. Prepared by: Linda Bond, Recording Secretary (J:\PlanningIRCC\2004IRCCO41904Mins.doc) Î- (2- DRAFT ATTACHMENT 2 ;î;';~", MINUTES OF A REGULARè\¡/'~i). MEETING OF THE ,-5fT"'\ DESIGN REVIEW COMMITTEE '\" CHULA VISTA, CALIFORNIA " , , ,:,"7 ' "'~ '~, ,Council""¿Îl'ambers Mondav. Mav 17. 2004 Public Service Builé.iìÎÌo 20 4:30 p.m. . 276 Fourth Avènue, Chula Vista "#~-','.!~ A. PRESENT: Chair Araiza, Mel11;jers Patrièia Aguilar, Jose Alberdi" ,., and Cheryl MestÎer ,/'? ABSENT: STAFF PRESENT: John Schmitz, er -- Michael Walker, e Planner Ray Pe, Senior Plan r Jeff Steichen, Associa~PJanner Miguel Tapia, Principal C1ff¡mun .. evelopment icia Beard, Sr. Communièvelopment Specialist OTHERS PRESENT Associates Architect Real Estate Development Co, Associates B. Motion carried None Pharus Plaza 1030/1034 Broadway located on the east side of Broadway, south of Moss Street Mixed-use proiect consistino of a 5.000 s,f. two-stOry professional office buildino alono Broadwav. and 30 condominium units to the rear. Mr. John Schmitz, Principal Planner noted that Mr. Jose Alberdi would be recusing himself from this discussion. 7-( 3 Design Review Committee -3- Minutes Mav 17. 2004 j' opportunity to do something within the site, but the way the buildings are 10c~Ûi1'ct'i~)s just too tight to put a canopy tree along the front of the property. ./ . '. . ,'~;¡;' ;; Vice Chair Aguilar stated that she didn't mean along the property. Since the Washingtonia Palms are so widely spaced she was suggesting that some canopy trees be placed between the palms within the parkway (all within the city right-of:~~j~' "~, ',"'", Member Mestler asked about the tower to the south of the driveway"which indicated, on the plans that it would be leased. . ~c.~:1:À ,cÎI . . , Mr. Steichen said he thought the applicant was pro Ing to usè'this area for some sort retail but he would let the applicant address her qu stion. Mr. Carlos Madrazo, Developer, (101 Pia te, ChtJa Vista, CA 91910) said per the DRC's recommendation at the last me h.~y 'árl"~lement on the south side to give it a more unifor[11ed look along Broadway. '¡¡: fe'tþ with this tower feature, which would be a ground floor retail area that might b for a key-shop. Chair Araiza noted that on the elevations' for the office Bgil~ing itjp,gicated a standing seam metal roof and barrel e thought it might be a typo' for clarification, ate rials, and colors being used for a of Broadway as well as the overall recommendation to the Redevelopment eclaration, 15-03-034 is approved. Motion g. Dodge/Chrysler/Jeep Dealership (Tony McCune) Proposal to develop a new auto dealership on the north side of Main Street between Delniso Court and Roma Court. Mr. Ray Pe, Senior Planner said the applicant is requesting preliminary review of their project for comments and feedback from the committee. The applicant is proposing to develop a new auto dealership on the north side of Main Street between Delniso Court and Roma Court. Staff noted that the streets had been renamed to Auto Park Place and 7 -( cf ""_H_'_' . ......._,_u__.. -'-'---""" " ., - ATTACHMENT 3 MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. Public Services Building Wednesday, June 16, 2004 276 Fourth Avenue, Chula Vista ROLL CALLI MOTIONS TO EXCUSE: Present: Castaneda, Madrid, O'Neill, Hall, Cortes, Hom, Felber Staff Present: Luis Hernandez, Deputy Planning Director John Schmitz, Principal Planner Jeff Steichen, Associate Planner Ann Pease, Associate Planner Caroline Young, Senior Planning Technician Dave Hanson, Deputy City Attorney I PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Castaneda APPROVAL OF MINUTES: April 28, 2004 MSC (Cortes/Felber) (6-0-0-1) to approve minutes as submitted. Motion carried. ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCZ 04-01; Consideration of an amendment of the Zoning Map or Maps established by Section 19.18.010 of the Chula Vista Municipal Code rezoning 1.2 acres at 1030 and 1034 Broadway from Thoroughfare Commercial, Precise Plan (CTP) to Central Commercial, Precise Plan (CCP). SUPS 04-07; Consideration of a Special Use Permit to allow the construction and operation of an office commercial/multi-family residential mixed-use project at 1030 and 1034 Broadway within the Southwest Redevelopment Area. 7 -( S- Planning Commission Minutes - 2 - June 16, 2004 Background: Jeff Steichen, Project Manager, reported that the proposal is to amend the zoning map, rezoning 1.2 acres at 1030 and 1034 Broadway from CTP to CCP, and a Special Use Permit to allow the construction and operation of an office commercial/ residential mixed.use project at the same location. Mr. Steichen indicated that the main reason for requesting the rezone is because the CT zone does not allow a mixed-use project, whereas, the CC zone does allow this type of use subject to the approval of a Special Use Permit. One of the goals of the City's General Plan is to promote the development of mixed- use projects along portions of Broadway. The project proposes that the on-site parking be reduced by four parking spaces; this will be made up by considering four of the required office/commercial parking spaces as shared spaces. These 4 spaces will be available by guests of the residential units, during off-peak hours. Regarding the Special Use Permit; the proposal consists of 5,000 sf of office use, facing and closest to Broadway, as well as 30 condominium units. In order to grant the Special Use Permit, the project must meet the density requirements as set forth in the R-3 zone. A total of 43,395 sf are required for the density being proposed; the project has slightly over that amount, therefore, the proposed 30 units comply with this density requirement. Staff Recommendation: That the Planning Commission adopt Resolution PCS 04-01/SUPS 04-07 recommending adoption of the Mitigated Negative Declaration and approval of the project in accordance with the findings and subject to the conditions and regulations contained in the City Council Ordinance and Redevelopment Agency Resolutions. Commission Discussion: Cmr. Hall asked for clarification on the justification for a 35 foot building height that is being proposed, as oppose to the 28 foot height limit in the R-3 zone. Mr. Steichen responded that the R-3 standard does state a 28 foot height limit, however, there is another section that allows up to three stories (35 feet) based upon certain findings. Upon review of the project, the Design Review Committee found that the bulk, mass and proportion of the structure is compatible with the site and in scale with structures in the surrounding area. Cmr. Hom inquired if staff received any other opposition to the project beside the letter that was included in staff's report. 7-f~ Planning Commission Minutes .3- June 16, 2004 Mr. Steichen responded that no other opposition was received, verbal or in writing, other than the one letter received from Mr. Fields expressing privacy concerns. He further noted that staff spoke with Mr. Fields and informed him that the project was going to be modified with some additional architectural features, removed some tot lots and a change in the fence, which appeased Mr. Fields's concerns. Public Hearing opened and closed. MSC (O'Neill/Cortes) (7-0) that the Planning Commission adopt Resolution PCS 04-01/SUPS 04-07 recommending adoption of the Mitigated Negative Declaration and approval of the project in accordance with the findings and subject to the conditions and regulations contained in the City Council Ordinance and Redevelopment Agency Resolutions. Motion carried. 7 -(7 RESOLUTION NO. PCZ-O4-01 and SUPS 04-07 RESOLUTION OF THE PLANNING COM:YnSSIO:'I OF THE CITY OF CHULA VISTA RECOi\I;\OIEDING THAT CITY COl"NCIL APPRO,\¡'"£ A REZONE (PCZ-04-01) FOR A CHANGE FROM THOROUGHFARE COM:'rIERCLli./PRECISE PLA.'i (CTP) ZONE TO CENTR~ COi\I;\OIERCIAL/PRECISE PLAN (CCP) ZONE ALO'.'iG WITH PRECISE PL.,\N.~TANDARDS AND THAT THE REDEVELOPMENT AGENCY ADOPT A MITIGATED NEGATIVE DECLARATION (15-03-034) AND APPROVE SPECIAL CSE PEfu"YllT (SUPS 04-07) ALLOWING THE DEVELOPlVIENT OF A RESIDENTIAL AND OFFICE CŒ\'IMERCI.~ lVllXED-USE PROJECT LOCATED AT 1030/1034 BROADWAY. WHEREAS, a duly venfied application for a Rezone was filed on July 25,2003, and a duly verified application for a Special Use Permit was filed on April 23, 2004, with the City of Chula Vista Planning Department by Carlos Madrazo "Developer"; and WHEREAS, said Developer requests approval of the Rezone and a Special Use Permit to allow for a mixed-use project that includes 30 condominium units, 5,000 square feet of office pace, open space and off-street parking. The project site is located in a Thoroughfare Commercial (C-T) zoning district; and WHEREAS, the Environmental Review Coordinator, has reviewed the proposed projec: for compliance with the Califomia Environmental Quality Act and has conducted an Initial Study, IS-03-034 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Rev.iew Coordinator has prep~ed a Mitigated Negative Declaration, IS-03-034; and. . WHEREAS, the Planning Director set the time and place for a hearing on said Rezone (with precise plan standards) and Special Use Permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHER¡AS, the hearing was held at the time and place as advertised, namely June 16, 2004, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presen.¡ed at said public hearing with respect to the conditional use permit application, the Planning Commission voted - to recommend adoption of the Mitigated Negative Declaration (1S-03-034) and approval oime Rezone (PCZ-O4-01) and Special Use Permit (Sl..-PS 04-0ï); and 7-1'1 Resolution No. PCZ-O4-01 and 5UP5-04-07 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT THE PLAl'-i"NING COMMISSIO;'; does hereby recommend that the City Council adopt the draft Ordinance for Mitigated Negative Declaration (IS 03-034) and Rezone (PCZ04-01) and recommends that the Redevelopment Agency adopt the draît Resolution for Speciall'se Pennit (SUPS 04-0ï) in accordance ,vith ,he findings and subject to the conditions contained therein. BE IT FURTHER RES OJ:.- VED that a copy of this Resolution be tr::msmitted to the Redevelopment Agency and the De~eloper. ,- PASSED fu'<TI APPROVED BY THE PLA",'NING COMMISSION OF THE CIT: OF CHULA VISTA, CALIFORJ.'-ilA, this ló¡h day of June, 2004, by the following vote, to wit: AYES, """,d" ""d,id. a'H,m. ",11. 'oc'". "'". Fie A- 1 NOES' -0- I!Ì i ABSTAIN: -0- -- " ' tlL . ~~ Stev7~aneda, Chair ATTEST: ~. '""'\ ,"' D ~~~~ -,,~ \:j,.,G'"- ,~ ,~~ "'~ ~~ -," Diana V argas, Secretary ~ J\Planning'MichaelIPCC Repcr~'J'CM-Q3-15 7-/9 ATTACHMENT 4 Ce!ltr:¡] Chu!:¡ Visca not b~::n pla~ed to ij:lclude t.'lls con..-:ec::cn a::è ti'.~r:fore may have created obstacles to its ir.ple:nentation. In adåition, individual proposed developments may propose an aEgr..:::ent but it may nOt be one t.l:1at resultS L.-¡ û'1e most ciearand con~inu~us overall system. b addition, a porLion of this segment of Üle Greenbelt falls within the boundaries of 1'iational Cir;/. Close cooperation and coordination will be necessarf if the plans of bcÙ cities are to i::c;llde the Gree:¡belt and ptovièe the necessar:¡ ongoing suppor. to assure its iJ:¡pieme::tarion. It is recommended that a åetail alignment and design study be undertaken to establish this route in detail. Tnis could bc;:part of the Chula Vista Greenbelt Master Plan 'or as an LTffle¿iate separate stUdy item. ItS. focus should be to assure t.'1a¡ decisic¡-.'; are not wade Ùë.t wculè preclude the completion of this connection or necessitate a difñcult and expensive sciution. It should also serve to infonn affected prope"f owners of Ùe importance of this ope:: space connection a.'1d how it should be accomplished. 5.9 BROADWAY RESIDEN"'TL.u, DEVELOPl'vIEÑ"'T Tne introduction of medium and high density residential is seen as potentially desirable L.'1 ce,cain sections of Broadway to break the continuous mip of retail con=ercial. Tne ë.rea most suitable for the introduction of residemialland uses is be"Neen Flower Street on t.l:1e north and I Süeet on the south. Tne development of residential land uses in this area can be mixed use com¡llercial/residential typically with the commercial as the [lIst level and residential units above. It can also be only residential uses. In either case, the introduction of residential uses on Broadway should carefully consider access, the appropriate setbacks from the roadway and screening from any':adjë.cent non-compatible land uses. The future implementation of this policy should include consideration of a special zone or land use overlay which would establish more specific criteria for project design. -¡ - 2..0 10-19 ATTACHMENT 5 r~ ""'I ~ ., m ~--I ~ il !i~ H !:¡¡j ~~ ¡;¡ """""""".....-..0 a::~ 'OAì8 Á'v'MG'v'OH8 'þ,cõrioëå1 : w~ ,,::' «' ii, mô .",t. I > ¡" ,,!dl ~~ ;:,¡'! jp:f 'v'Z'v'ld Sm:I\fHd I ."'" " . ¡ ..1 « g: Ii «0 N Z~ ~ 11 B X ! 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" ." ø," ~,", -" ~~ -" I ¡ II u:: , i ~'J 0 l() g ~. ... I ¡... ~ II ~-. 7-d-.Ý .- I I .- I -..u- I I_, -""I\l~ '_00 ~,....",.'..., I111 \ Iii Qi ,;", (JJ, ii; """..,,~.š.'-r><J 0 J, a:\ ;:~,¡ ::¡,¡;, """"'MC'o',,",,""'= ',,'I;: . ~.~ :¡¡~\.: ¡~t !:; 'OAl8 ^ VMOV9'd8 V£Œ/p£m . ¡\J.i~ !! ~ \ <J ,"" ¡k. ¡ 0.., :J, V LVld Sn'dVHd 11;,,¡ .¡ i I ¡ ~ ¡; ; I I c .Q "'id > I ~ z .... 0 aI ~ ~. ; « "", ! > ~> ~ W .... I ~: ~ W~ -.: J: :;:J . ~ 0 . a:: () i ~ 2 I !. II s: . ¡~ i~ I. ¡! I f-::<S- I I \Õ) inn 1 Illi\ 91¡~!' _:'~~.;::: I.II¡' I , ~{ ¡¡¡n;. I~¡ m 'ml8 ^V'MaV'O~8 ÞBõiïo£õt ;1'1-1] Ii ~ ;¡:j ¡¡,¡! ,I ¡ii:, ¡i, V'ZV'ld snH'tHd ¡It;;j ¡ I I < I .. 3 ; ¡¡; \ \ ~ ~ I ~ i li~ OJ ~ 0 z '( - 2G:, r !nn\~ ê1m æ -~-, rì \. ~ 1 "" 'C!J\l8 À'rfMG'rfO'd8 ;f6fFo£c~ ~\l\ Wl m- :~¡~! ¡ ¡ ~n:' II -J .01 ", "',' ¡ ¡o."j¡ 'rfLv'ld Sntl'rfHd i !.¡,j ¡ I' 11;/2'~I~i ! I \\,\11 ì ""'~.'.I I!¡ ¡ 1m! \ 'Ii I .,,¡! 'I ni ¡ um t ~!! i .!\j\I ¡ .hl \ ~¡¡,¡I \ ~,¡, (iiiüíl ! ~!~. I ~'j:' i I,ll il .¡Hlit \ 7-;)...7 \ i ill ~ z UJ ;- < z CJ '£1 Ii '-'.. L ~ ,\ \ i'.i "0.. ~I : I I -.. +: - I ß\ I 7-;;2.8' ATTACHl\'IENT 6 Mitigated Negative Declaration PROJECT NAME: Pharos Plaza PROJECT LOCATION: 1030-1034 Broadway ASSESSOR'S PARCEL NO.: 618-110-11 and 618-110-12 PROJECT APPLICÞ..l"'<l: Pharos Development Gr?~p. J-:J-.C . - CASE NO.: IS-03-034 DATE OF DRAFT DOCUMENT: March 29. 2004 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: Aoril 19.2004 DATE OF FINAL DOcmvlENT: Mav 3. 2004 -- Revisions made to this document subsequent to the issuance of the notice of availability of the draft Mitigated Negative Declaration are denoted by underline. A. Project Setting The project site is a partially vacant 1.23-acre site consisting of two parcels, located at 1030-1034 Broadway. The site is located in an urbanized area in the central western portion of the city ofChula Vista within the Southwest Redevelopment Area (see Exhibit A - Location Map). The project site was previously developed \vith a mobile home park including a one-story residential triplex building containing three rental units and accessory structure. Currently, the project site contains the one-story triplex building, broken asphalt foundations, disrepaired paving and fencing. Land uses surrounding the project site consist of the following: North: Commercial Shopping Center, Self-Storage and Apartments South: Professional Office and vacant lot East Broadway/Commercial retail uses West: Single-Family Residences B. Project DescriDtion The proposed project consists of the demolition of the existing one-story triplex building and the construction of 30 residential condominium units within three separate three-story buildings and a detached two-story 5,000 square-foot professional office building !TontingBroadway (see Exhibit B- Site 'Plan). The total proposed parking is 77 spaces (74 spaces on-site and 3 spaces on-street); 60 residential spaces and 17 office spaces. The redevelopment of the project site would include landscape treatments, lighting, drainage facilities, paved parking lot, right of way improvements, retaining wails and fencing along the perimeter of the property. The proposed grading quantities are estimated at 1,020 cubic yards cut and 1,520 cubic yards fill. The project inc1udes rebining wans with decorative five-foot high-capped wooden fencing on top in accordance with the City's Design Manual guidelines, along the western and northern perimeters, and separates fencing' continuing around the southern and northern perimeters. The proposal requires approval of Design Re\iew, Precise Plan, Conditional Use Pennit. Tentative Map and Rezone !Tom CTP to CCP (Ce~tra! CommercialJPrecise Plan) and all necessary redevelopmem actions by the Chula Vista Redevelopment Agency. 7-2-9 C. Cornnliance with Zoning: and Pl1ns The project site is within the CTP (Thoroughfare CornmerciallPrecise Plan) Zone and is designated MCa (1vIercantile and Office Commercial) under the Montgomery Specific Plan and CR (Retail Cor..mercial) under the Cnula Vista General Plan. Tne proposal includes the rezoning of the site ITer:-. cn to CCP (Central Commercial/Precise Plan). al1owing for the proposed mixed-use de'¡elopmer.t subject to the provisions of the Chula Vista Municip<.1 Code Chapter 19.36 with the approval of a Conditional Use Pennit. The project would be consistent witht~,,--proposed zoning and existing General Plan designation of the pr0J2èrty. . D. Public Comments On March 9. 2004, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the project site. The public comment period e:lded on March 18, 2004. No writte:l comments were received; however, oral comments were received from two persons regarding aesthetics/privacy to adjacent~Jngle-family residential properties, building bulk, and parking on side streets, traffic and density issúès: On March 30. 2004. the Notice of Availabilitv of the ProDosed Mitigated Ne2ative Declaration for the project was posted in the CounTY Clerk's Office and circulated to propertv owners within a 500-foot radius of the ¡¡reiect site. The 30-dav uublic comment Deriod closed on Auril 29. 2004: t;vo writte:l comment letters were received. The Chula Vista Elementarv School District identified the statutorY deveJoDer fee reouirements and recormnended annexation to CommunitY FaciJities District (CFD) 10 as an alternative to the fee' nO comments reg:arding: the adeouacv of the Mitig:ated Neg:ative Declaraticn were included. In a comment letter ITom a member of the Dublic. concerns were exDTessed reg:arding: proiect densitY. building: heig:hts. buiJding: setbacks ITom the residentia! proDerties to the west. conl!estion. school inmacts. noise, Darking: overflow ITom uroiect residents .-onto Broadwav and adiacent side streets: however. the adeouacv of the draft Mitig:ated Neg:ative Declaration was not addressed. The issues identified in this comment letter were adeouatelv addressed in the draft Mitig:ated Neg:ative Declaration. -' E. Identification of Environmental Effects AIl Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist fonn) determined that the proposed project would not have a significant environme:ltal 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. Aesthetics There are fo~ parce!s which abut the project site to the west; two are vacant and two contain single- family residences. The closest single-family residence to the project site is situated approximately 54 feet ITom the northwest corner of the project site. Within the CC (Ce:ltral Commercial) Zone, no building shall exceed three and one-half s,ories er 45 feet in height when located adjacent to any CoO or residential zone. The western f:iÇade of the proposed three-sTory 35-foot high reside:¡tial building nearest to the western property line would be set back 15 feet ITem the property line. The project site is separated ITorn L'1e single-far::ily resid",-::oi properties to the west by an existing five-foot high chain link fence and portions or disreFJire¿ wooden fenc:. A five-foot high de~ora¡jve capped wooden fe:¡c: (above re:aining \\"J11s in c=::Jin 7-30 locations) is proposed along the project's perimeter. Therefore, a portion of the proposed residential building would be visible from the rear portion of single-family residential properties to the west. To achieve a greater degree of vegetative screening of the proposed residential buildings from the west, ne',v 2d-gallon CaITorwood, 36-inch box Southern Magnolia, 24-inch box Evergreen Pear, and 24- inch box Chinese Flame trees would be planted in betWeen intermittent moderate sized shrubs along the western property line. Tne proposed mixed-use professional office/residential project as proposed would be an allowable land use within the proposed CCP (Central Cornmercial/Precise Plan) zone. The proposed five-foot high decorative wooden fence, retaining wans, new trees along the .westem propert'j lme, and 15-foot rear yard setback would screen amhnmimize the intrusiveness or theproposed three-stor¡ reside:ltial buildings relative to the single-family residences to the west. Given the location of the site on a;1 established, intensively developed commercial corridor, and the relatively moderate height and bulk of the proposed structures, the impact of this change would not rise to a level of significance under the California Environmental Quality Act as implemented by the Cil'j of Chula Vista, The proposal includes downward-facing, non-spill exterior lighting within parking areas, and along portions of the site perimeter~~:The proposed lighting would comply with the lighting regulations of the Chula Vista Municipal Cõae and, therefore, would not result in a significant lighting impact. Air Qualitv Based upon the relatively minor amount of site grading that would be necessary to accommodate the proposed development, the amount of project-generated traffic that is anticipated and the consistency of the project with the City's General Plan, the proposal would not result in the violation of any air quality standard or contribute to an existing or projected air quality violation. The proposed project would potentially generate sufficient construction vehicle emissions and dust during constrUction- related operations to result in a short-term significant, but mitigable, impact to air quality. Fugitive dust would be created during construction operations as a result of clearing, earth movement, and .'travel on unpaved surfaces. Dust control during grading operations would be regulated in accordance with the rules and regulations of the County of San Diego Air Pollution Control District and the California Air Resources Board. Compliance with the mitigation measures outlined below in Section F would reduce this potentially significant impact to below a level of significance. Geo10~ and Soils The project site has been previously graded and developed with a mobile home park and multifamily residential units. The preliminary grading plans specify 1,020 cubic yards of cut and 1,520 cubic yards of fill, which would require a grading pennit. The. preparation and submittal of a final soils report will be required prior to the issuance of a grading permit as a standard engineering requirement. There are no known or suspected seismic hazards associated váth the project site. The site is not within a mapped Earthquake Fault Zone. Tnerefore, project comþliance with applicable Unifonn Building Code standards would adequately address any building safety/seismic concerns. -. The potential discharge of silt during construction activities could result in siltation impacts downstream. Appropriate erosion control measures would be identified in conjunction with the preparn:ion of final grading plans and would be implemented during constiùction. Tne implementation of water quality best m:magement practices (BwIPs) durJ1g construction would 1:e required in accordance with l'iPDES Or¿er No, 2001-01. All ponions of the development area distUrbed during construction would either be d~velopd or would be appropriately landsc~ped in complianc~ with th~ Chula Vis:~ },[unicipal C~d~, Sections 19.36.090 and 19.3ó.llO. Ccmpiianc, 7 -3-1 with BMPs and NPDES Order No. 2001-01 would be required and would be monitored by the City. 1'.1e-.efore, the potential for the discharge of silt into the dr:linage system would be less than si;nificant. Hazards and Hazardous Materials Lec;d and Asbestos Removal 1'.1e e;Óting triplex building, accessory stnlctures a::d broken foundations on-site (1030 Broadway) that are proposed to "be demclished pOte:ttially cont"':;:¡ asèesws. ~nd-lead-base¿ 1'a:;:¡t, -".tiÒ c~ul¿ ':e .' - released if not properly a"bated. T o-'-n.ritigate this potentiàlly signiflcailf impact, prior to any demolition activities the presence of asbestos and lead-based paint will "be detennined and if present, abateme:¡t shall be performed by a licensed and registered asbestos and lead abatement contractor in accordance to a1\ applicable local, state and federal laws a:¡d reg'Jlations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation. The mitÜtation measure contained in Section F below would mitigate potential impacts associated :.vith ::-,e rele;se of asbestos and lead to below a level of significance. Hvdroloqv and Water OualitY-'-' The proposed project site is not located within the 100-year floodplain. Public drainage system facilities consist of a 60-inch corregated metal pipe (CMP) and a 66-inch reinforced corregated piFe (RCP) along Broadway. The conceptual grading plan indicates the installation of storm drain facilities necessary to collect and carry site drainage to the existing storm drain along Broadway. No sheet flow is proposed to Broadway or adjacent properties. A final drainage study, t':1at includes existing plus developed drainage conditions, 'Will "be required in conjunction with the preparation of final grading and improvement plans. Properly designed drainage facilities win be installed at the time of site development to the satisfaction of the City Engineer. No significant impacts to the City's .. storm drainage system are anticipated to result from the proposed development. Due to the size and existing condition of the project site, the preparation and impk::entation of a "Construction Stann Water Management Plan" (CSWlvIP) prior to the issuance of any permit such as a ConstructionlImprovement Permit is required. Compliance with provisions of the California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respe~t to construction-related water quality BMPs would be required. Water quality Best Management Practices (Bj\;IPs) shall be incorporated into the design of the proje~t. Such measures shall be designed to minimize discharge of pollutants into the storm drainage system. Preliminary proposed BMPs include stonn drain inlet protection system, source control, protection of stockpiles, protection of slopes, protection of all distur"bed areas, protection of access, and perimeter con\ainment measures including landscaped treatments throughout the project site. Construction and post-construction water quality best management practices (BMPs) - win be required to be incorporated into the [mal grading plans. Based upon'the project design with proposed conceptual BMPs, conditions of the Precise Pla.'1 that include compliance with the NPDES Pennit requirements, and standard engineering requirements, stonn drainage and water quality impacts ;vould be reduced to below a level of significance. 7-3~ -I- Noise EiJar Associates prepared the "Pharos Plaza Acoustical Analysis Report" for the proposed project, dated March 19,2004. This report is available for review at the City of Chula Vista Planning and Building Department counter and is summarized below: Exi:iting CondWons The partia11y vacant project site fronts Broadway with parking a11owed along both sides cftne street. According to the City of Chula Vista Eng;.neering Divisionfl:ransportation Section, this section of Broadway carries a trafñc volume çf approximately 20,450 avei-ag'e-daily trips (ADT). Tne primary noise source affecting the proposed qevelopment consists of vehicle iräffic traveling along Broadway. The existing noise level at the eastern property line adjacent to Broadway is 69.2 decibels Community Noise Equivalent Level «dB C:¡"'""EL), which is attributable primarily to traffic noise. The City of Chula Vista has not adopted any specific numerical noiselland use compati.'bility levels to establish significance criteria. However, as a matter of policy, the City employs the noise standards set forth in the Noise Element of the City of San Di'ego Progress Guide and Genm.! Plan as guidelines for the purpose of:CEQA analysis. The City's exterior noise level standard for noise- sensitive areas, which include rêsidences and outdoor recreational areas, is 65 dB Q.<'"EL. The City's exterior noise standard for office development is 70 dB CNEL. Exterior Conditions Plus Proposed Project Future traffic volumes were based upon a buildout traffic model run in March 2002. The future projected bui1dout traffic volume along Broadway, south of "L" Street, is 25,300 ADT, The project site wil1 be subjected, to future traffic noise generated from automobi1e and truck traffic along Broadway. Based upon this projected traffic volume, the overall future traffic noise level at the ..eastern property line, adjacent to Broadway, is estimated at 70.2 dB CNEL. According to the City's CEQA thresholds, residential outdoor use areas shall not exceed 65 dB CNEL. The future traffic noise calculations show that_with the development of the proposed office and residential structures, a11 of the proposed outdoor use areas (courtyards, barbeque areas, patios, and balconies) will be exposed to noise levels ranging from 39,8 to 60.7 dB CNEL. Therefore, basd upon the results of the acoustical analysis, no significant exterior noise impacts are identified. Future Interior Conditions With Proposed Project State Building Code (part 2, Title 24) requires that interior noise levels not exceed 45 dB CNEL or less for multi-family units. Prior to the issuance of buildingpennits for the residential structures, building construction plans wi11 be required to reflect any special design consideration (i.e., mechanical ventilation, enhanced glazing with the wall and window assemblies) as dee:ned necessary to attenuate interior noise levels to 45 dB CNEL. T ranroortatiönITraffic The proposal is projected to generate 340 average daily vehicle trips (ADTs). Based upon the projected level of project traffic generation and the level of service of the surrounding street netWork, the Engineering Division has detennined that the proposal does not have the potential to r,sult in any significant traffic impacts; therefore, the prep;¡r:¡tion of a traffic study was not required. The primary access street in the vicinity of the project site, Broadway, cUITently opemes at acce;:tabie level of senice (LOS) A and is projected to continue to operate at LOS A after project development. AccesS to the project site is proposed from the existing driveway on the northern parcel. 7-33 5 Parking Based upon the Chula Vista Municipal Code parking ratio require;nent for professional office of I parking space per 200 square feet of gross floor area, and the parking ratio require;ne:lt for multi- family dwelling units of 2 paÙing spaces per each reside::tial unit, the required parking for the prcposal is 77 spaces. Prc;osed on-sire p;¡Ùing is 74 parking spaces; the applicant req"lests that the additional 3 required parking spaces be al!owed to be provided on-street (Broadway), which requires approval of a Precise Plan. Scaff concurs that the required findings can be made to support the proposed minor parking deviation, establishing that no:significap.t.j1!1Pacts would result. Therefore, no significant parking impacts are ariticipated to result from the proposal. F. Mitigation Necessarv to Avoid Significant IrmJacts Air QualitY The fol!owing air quality mitigation requirements shall be shown on all applicable demolition, grading, and building plans as.-details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance in writing by the City's Environmental Review Coordinator. . 1. During construction, dirt and debris stall be washed down or swept up as soon as practicable to reduce the resuspension of particulate matter caused by vehicle movement over such material. Approach routes to the construction area shal! be cleaned daily of construction-re1ated dirt and debris. 2. In accordance with California Vehicle Code Section 23114, vehicles transporting loads of aggregate materials must cover/t2I"p the material, or if not covered, the material mus, be no nearer than six inches from the upper edge of the container area where the material contacts the sides, front, and.. back of the cargo container area, and the load shall not extend, at its peak, above any part of the upper edge of the cargo container area. This measure shall also apply to the transport of any materials associated with demolition, grading, or building activities that can potential!y become airborne. 3. Construction equipment shall be maintained in proper working order and shall be periodically tuned in order to minimize air pollutant emissions; use of low pollutant-emitting construc\ion equipment, including electrical-powered equipment, shall be used as practical. . 4. Soil disturbance and travel on unpaved surfaces shall be suspended when ",ind speeds exceed 25 miles per hour. 5. fJI unpaved construction areas shall be sprinkled with water or other acceptable dust control agents during dust-generating activities as necessary to minimize dust emissions to the ma;dmum extent practicable. . Additional watering or dust control agents shall be applied during dry weather or on wù;1dy days Until dust emissions are not visible. Hazards and Hazardous Materials The following hazards mitigation requirement shall be shown on al! demolition plans as a ,note. 6. Asbes,os and lead-based paint abatement shal! be perfonned by a lice::sed and re!ristered asbestos and lead abatement contractor in accordance to.all applicable local, s¡ate and fe¿ecal laws and 7-3<1 regulations, including San Diego County Air Pollution Control District Ruie 361.145 - Standards for Demolition and Renovation: G. Cor.su1tation 1. Individuals and Or2anizations City of Chula Vista: Marilyn RF. Ponseggi, PI:mning and Building Paul Hellman, Planning and Building . .- Maria C. Muett, Planning and ~ujlding Luis Hernandez, Planning and Building Jeff Steichen, Planning and Building Brad Remp, Planning and Building Duane Bazzel, Planning and Building Frank Herrera-A, Planning and Buiiding Garry Williams, Plan.'1ing and Building Miguel Tapia, Commooi!y',Pevelopment Frank Rivera, Engineering - Beth Chopp, Engineering Sandra Hernandez, Engineering Anthony Chukwudolue, Engineer.ng Mooa Cuthbert, Engineering Silvester Evetovich, Engineering Ben Herrera, Enginèering Dave Kaplan, Engineering Joe Gamble, Building & Park Construction G. Edmonds, Fire Department Richard P.reuss, Police Department - Crime Prevention Applicant: Pharos Development Group/Carlos Madrazo Others: ',' Sweetwater Authority Chula Vista Elementary School District 2. Documents 'City of Chula Vista General Plan, 1989 Title 19, Chula Vista Municipl Code Acoustical Analysis Rcport/1030-1034 Broadway-Chula Vista, Eilar Associates, March 19,2004. (-.3~ - .-..- 3. Initial Studv This environmental detemÜnation is based on the attached Initial Study, and any cornme:1ts re~eived in response to the Notice of Initial Study. The report reflects the indepe:1de:1t judgme:1t of the City of Cnula Vista. FurJ¡er infonnation regarding the e:1vircnmental re-¡iew of this project is available from the Chula Vista Planning and Building Departme:1t, 2ï6 FourJ¡ Avenue, Chula Vista, CA 91910. .' --.- .. .' Ì1~ / ¿;J yJ-Kt ~. Date: .5/3/0'-/ Marilyn R. F. Ponseggi ~ ' Environmental Review Coordinator n J:lPlanning'MARlA\lnirial Study\IS-O3-O34FinaIMND.do<: , 7-æ 8 ....----,---- '.. \~\ ~' \.~\ , \ , " '----' ,"" , "r' " ' ',--""/ , ' ' , 'I 'I' 12- ""1"1" -----~. ' \ '. . ,--------\ .~ \, ,-.~/ ;..~, \ \, \ \)..-, . \ \ \. ~\, \ \', ~\ -< \, / " \, 'SCU,¡';S.,y \ \.--: . 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"', \ \'ð~~ \~~ B\..---- \ SõVILcE c~,......-í.---'-"\-:: '~" '-I-@D;::::::ç)"'==-=-N\A?"RíMENT-'( ...,...---~~,... 7." -'----'..--:":, ,\ "--,-,, ' , 0 ~~ æ\ '" , I..--/.,,\,-s= \ \ DENTAL ~\"Z- \ \ \'I?-?\. \ CFFICE "- dO 7. ~\ \\' \ 0 , " \ W' \..-- . ~ \ I ' \ (:) \ , \ PRICEB~ . HOME \ C~~¥~R \ \ ' < \ I CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR FRCJE'::7 - ?RCJE,:TOE3CRIPTIC", .. C) APPUCANT:?:-:,-IRUSPL.iC-I INITIAL SïUDY ?RCJ::,:7 , ,\OCR::33, 1C,C:10,.¡ ERC.J,CI\'.'.Y =,equest: Frec:::e Pian fer 30 c:nècn-.iniun-.s, of ",!:!ii. --. - c ' c-, ,:md S,SOOsq ft oí ~roíess¡cnal offices, 0_=: \"'L_""".."." "el-tedC'seis)'FrM -,.1-;' Frz..o.1-O1 NORTH Nc So:!,. IS-O3-03 ,C C',,' -, ...., " - .I "J"\"-¿-Jlc'lcc~'cr.'lcc"'cr."'\I'<"" ' "'r ",,~ ",¡ -r - 3 7 """,' _'0' -, ---.._---,-- -"-" .r:-~-~ d r:-.--, I. ' - -~J - 1i"---/~ .' Jit\',- ~ 1tB-~.= . .' " ;¡.-'...", . ,.-.J.: .}~~:' 7- 3- ð' -- i~,L)I- ¡rr' 11/ JÞ-l,. , T"',,¡ (1......\ ATTACHMEI'iT "A" MITIGATION MONITORING AND REPORTING PROGR.A..M (M?vIRP) Pharus Plaza -15-03-034 This Mitigation Monitoring and Reporting PrograI:! has be~n Frep~ed by the City of Chula Vista " ,. in conjunction with the proposed P~~s Plaza project The pi"op-osed project has be~n evaluated in an L,itial Study/Mitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-03-034). The legislation requires public agencies to ensure that adequate mitigation measures are implerne:-:ted and monitored for Mitigated Negative Declarations. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring ,;~d Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1. Air Quality 2. Hazards and Hazardous Materials MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator, and City Engineer of the City of Chula Vista, Thy applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. Evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-03-034 shall be provided by the applicant to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer ",ill thus provide the ultimate verification that the mitigation measures have been accomplished. ':: Table I, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, 11itigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration IS-03-034, which will be implemented as part of the project. In order to detennine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and th~ date of inspection is provided in the last column. J:lJ'lanning'MARlA\lnirio' Studyl1S-û3-Û34MMRPte,tdoc 7-39 êl- ~ ". ~ . <::1 ""I CI ~ i?\ ¡¡ :; ~ ~ 8 .s; -, ~i '0: oS! ~i -¡ ~ ~k; -- \ """¡--' \ \ \ ~ ! 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'jijg,~.~~cuc.=u cijo;;;-åI",Ø c'¡¡¡~EoO ¡¡¡ H~;':: ¿~~-5~:§ <'>ê~~~~~ßiij-gß ~õ;'~§~;;~ '¡j-g.:~§;' e-~g*-> ,2H~:~ H=;-¡¡;æ~:¡¡~.¡j~ -§'ä:~¡¡æ~ ~¡¡~Eu] -'=c.,;>Ei ;¡~õ~~." ;O.c..o;:-:g~-¡;.== '" -"<=~"" c..:a;£;;;o ¡:~~'jij-1]~ ';~§~~æ ~-1ji§;;8§'i\jg"i\jj¡¡ ~~.s~~:gj gõ;~~'¡¡§ ;:;:\' ::¡~~~ß;. §g-~~g~ H~êß:-¡¡~-¡¡-¡¡ê. H{~~h ~~g>-;;== c -< oo~-.o Uõ.~~u" =>o--.-~"-- ~;o -"I"" ._.-°0- *1 ~ HH~ nUn ~~~HHBU 1iiUI~~ HiHH "" -<>-."ë.;;;3 oo_cu~. .=",EE.===-"'= <'>Q.oc.-¡¡I",~ "",01,33> -:i \ I Hi õ=\ \ \ ,-40 \ \ \ ~! ~~ - I'~ ri -i ~ \ ~ i o:~ e:: c <""- I .. "êj i , .".~ N ~ t. " :E", 'g lLfj.!! g "..o.=>=>= == :g [ig '= ~ ~~~~~~ ¡¡ ¡'¡ii~::'g u n:¡ê,~~ :5 Hi!!8~ ;¡; a~~ q :¡ i~~ ~~¿¡ ~ iH~~~ ~ .... =:;; <"C <¡ ~88~~~ ~ ~~"E"C6:¡ -= :g];:~ :'ë;~ .;; :¡¡h¡r", o~.c"i5~ ( ]§~-¡¡",..::< -7 '-I iã-¡¡~g,jJ:!! § (- <0-- ~- ~r ~ ". ~!f? . ~-: Ei'<,,1RO:-'?vIENTAL CHECKLIST FOR-"I C1Y C< (HUlA VISïA 1. Name of Proponent: Carlos A. Madraza Pharos Development Group, LLC 2. Lead Agency Name and Address: City-of.Chula Vista - . 0- Pla!mi~g and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 629 Third Avenue, Suite F Chula Vista, CA 91910 (619) 40i-4014, ext. 12 - 4. Name of Proposal: Pharus Plaza 5. Date of Checklist: March 29,2004 6. Case No. : IS-03-034 Er-<,,1ROi'<'ME1'rrAL A.11ALYSIS Q1JESTIOM: Less Than Potentially Signifi",nt Less Than With Issues: Significant Mitigation Significant No 1mpoct 1mpact Incorporated 1mpoct - I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 0 0 0 II b) Substantially damage scenic reSOUICes, including, 0 0 0 . but not limited to, tress, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing ,isual character or 0 0 fI 0 quality of the site and its surroundings? d) Create a new source of subsuntial light or glare, ~ 0 0 0 II which would adversely affect d:1y or nig.i:1ttime ,iews 7-~.d-.- 1 Less Thon P~t.~tiol1y Sig~~%~snt Less Thon Issues: S'gnJficont Mitigstion Signifiesn' No ¡mpoet ¡mpoet ¡ncorporst.d ¡mpoet in ù1e area? Comments: .. . a-b) Landscape treatments along,Broadway are proposed in a.ccô¡'dance with the City ofChula Vista Municipal Code and Montgòmerj Specific Plan landscape and site architectural requirements and design review guidelines. These landscape improvements would ensure that aest.\¡etic impacts to Broadway create a positive image. The project site contains no scenic vistas or ,iews open to the public, and is not in proximity to a state scenic highway. cod) See Mitigated Negative Declaration, Section E. Miti!!ation: No mitigation mðásures are required. II. AGRICULTUR-U. RESOURCES. Would the project: a) Convert Prime FarmJand, Unique Farmland, or 0 0 0 a Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Califomia Resources A~ency. to non-agricultural use? b) Conflict with existing zoning for agricultural use, or 0 0 0 . a Wi1liamson Act contract? c) Involve other changes in the existillg environment, 0 0 0 9 which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: a-c) The project site is n~ither in current agricul=l production nor adjacent to property in agricultural production and.contains no agricultural resources or designated farmland. Miti!!ation: No mitigation measures are required. ID. AIRQT.!ALITY. Wouldtheproje-:t: 7-13 2 Less !bon Potentlolly Significant Less Thon Issues: With Significont Mitig"ion Significant No Impact Impact IncorpoTOted Impact a) Conflict with or obstruct implementation of the 0 0 0 I'iI applicable air qua1ity plan? .. - - b) Violate any air quality standard- or contribute 0 iJ 0 0 substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net 0 0 0 B increase of any criteria pop.utant for which the project region is non-atfàIDment under an applicable federal or state ambient air quality õcandard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantia] pollutant 0 III 0 0 concentrations? e) Create objectionable odors affecting a substantial 0 0 0 11 n=ber of people? Comments: Less Thon Pote.tiolly SignifieD" Less Thon Issues: With SignifieDn' MitigDtion SignificDnt No ImpDe! Impact Incorporated Impact and Game or U.S. Fish and Wildlife Service? b) Have a substantial adver3e effect on any riparian 0 0 0 !1.1 habitat or other se:1Sitive natural community - identified in local or regional- plans, policies, - - -. regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adver3e effect on federally 0 0 0 ZI protected wetlands as defined by Section 404 of the Clean Water Act (including; but not limited to, mar3h, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any 0 0 0 a native resident or migratory fish or wildlife species or with established- native resident or migratory wildlife corridor3, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances - 0 0 0 a protecting biological resources, such as a tree preservation policy or ordinance? " " f) Conflict with the provisions of an adopted Habitat 0 0 0 II Conservation Plan, Natural Community <:;onservation Plan, or other approved local, regional, or state habitat conservation Plan? - ". {-L/S: -- Loss Th.n Potenti,lIy S;~nifi"nt Loss Th.n With Issues: Si;;nifi"nt )!lti;;otion Si;;nifi"nt No Imp." Imp." lncorpo..tcd Impact Comments: a) T~e projeç, site '~"-5 preyiously deyelopd '"itl1 a mobile hcr::e park ar.d c::r.~tly one sman bddir.~ cc::.:;::e: t:-.e south c~mer ofù:e ;:rvperty. B'-5d \:pon the Chula Vist:l ),1S0 S'"care:¡ :.olan, t1:e ::r~ject sice is desig::a¡e¿ :¡:; a ¿e'¡ekpr..er.¡ ar~a; based '-']Jon a field ir.spectionby Ci,¡ S'..:lI1;.r.o car.¿¡Òte, se:;sí;ive, cr s;.ecial s:on.:s species are prese:!t wit.1lli1 or irr,¡r,ediately adjacent to the proposed èe'lelopme:1t area, Non-native wee::.s e;Ò¡ on the unpaved portions of the project sire. b) Eased \ICon the Chula Vista MSCP Subarea Plan and field ir.õ.~c:ion b', City st.'::. no se::si::':e ::",=1 commUl"':ities are prese¡¡t "i!hi.""1 or immediately adj:¡cer,t to Ü:e prcp;se¿ de':e¡opm~::t :JIe~. c) Eased up<m the Chula Vista MSCP Subarea Plan and field inspec::cn by City staff, no wetla.""1ds are Fese::¡ within or immediately adjacent to the proposed development area. -- d) Based upon the Chula Vista MSCP Subare:¡ Plan and field ins¡.ection by City staff, no native resident or Ljg:r:¡torj "ildlife cor::¿Of3 or native v,~l¿1ife n=er¡ sites e:::s; "/::-':.::: cr i::-.:::e¿iately o¿joce::t to ~e p:::;:cse¿ developme:1t area. e) No biological resources would be affected by the proposal and no conr1ic:s '"ith local policies or cr¿ir.~nces protecting biological resources ,vould result. f) The proposal is consistent "ith the Cnula Vis'ca MSCP Sucarea Plan si.""1ce the project site is \\i:.~.i.""1 L'::e designated developme:-.t area pursuant to the Plan. l'vIitig:¡tion: No' mitigation measures are required. V. Cù"L TURA.L RESQ"URCES. Would the project: a) Cause a substmtial adverse change in the 0 0 0 D significance of a historical resource as defined in State CEQA Guidelines § 15064.5? b) èause a sub~=tial adverse ch:mge in the 0 0 0 \I signific:mce of an :JIÒaeological resource pursuant to Stlte C~QA Guide!ines § l506-\.5? c) Dire--.tly or indirectly ¿estray a unique 0 0 0 II paleDniological resource or site or unique geologic f~amre? 7-<-t~ , LmThon Potentiolly Significont L.., Thon With Issues: Significont :'<Utígotion Signific,nt No Imp,ct Imp',! Incorponted Impoct d) Disturb any human remains, including those interred 0 0 0 D outside offonnal cemeteries? .' Comments: a) No historic resources are known or are expected to be present withi;, the project impact area. The-.e:cre, no substantial adverse cbBnge in the significance of a historical resource as defined in Section 15064.5 is arlticipated. b) Based on the level of previoUS disturbance to the site associated with the development of a mobile home park and residences, and the relatively minor amount of additional grading that would be necessary to cons:r~ct the proposed project, the potential for impacts to archaeological resources is conside-.ed to be Jess than signific2Ilt. c) The project site is identified as an area of low potential for paleontological resources in the City's General Plan EIR. Based on the level of previous disturbance to the site and the relatively minor amount of a¿¿i:ioTIê.l grading for the proposed project, the potential for impacts to paleontological resource or is considered to 1:e 1m than significant. No unique geologic features are present on the site. d) No human remains ~e anticipated to be present within the impact area of the project Mitigation: No,mitigation measures are required. VI. GEOLOGY AJ.~l) SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as 0 0 0 D delineated on the most recent Alquist-Priolo : Earthquake Fault Zoning Map issued by the State 'Geologist for the area or based on other substantial evidence ora knO\\ll fault? ~- ii. Strong seismic ground shalcing? 0 0 . 0 iii. Seismic-related ground failure, including 0 0 0 Ù liquefaction? 1-47 Less Th3n Potenti311y Sõgnifie>nt Less Th3n Issues: With Signifi<3nt Mitig3rion Signifie>nt No !mp>Ct Imp>ct In<orponted Imp"t b) Create a significant hazard to the public or the 0 II 0 0 environment through reasonably foreseeable"" ..-- .' .. upset and accident conditiçns involving the ". release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or 0 0 0 l! acutely hazardous materials, substances, or waste within one-quarter mi)~..of an existing or proposed school? d) Be located on a site wroch is included on a list of 0 0 0 D hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the en,ironment? e~ For a pråject located within an airport land use 0 0 0 a plan Of, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard - for people residing or wor1ång in the project area? f) For a project within the vicinity of a private 0 0 0 DI airstrip, would the project result in a safety hazard for people residing orwor1ång in the project area? g) .1mpair implementation of or physically interfere 0 0 0 II with an adopted. emergency response plan or emerge1),cy evacuation plan? ." h) Expose people or structures to a significant risk of 0 0 0 . loss, injury or death invohing wi1dland fires, including where wildlands are" adja¡:o.nt to urbanized areas or where residences are intenni"'{ed \,;th \\;Idlands? 7-'-/-? Q -- Less Thon Potentially Si:nificont Less Thon Issues: With Significont Mitig'tion Signific,nt No Imp",! Imp"'t Incorporoted Imp,ct Comments: Se~ Mitigated Negatiye Declar;¡tion, Section E. i\ Iiti"ation: Se~ Mitigated Negative Declaration, Section F. : .- ,'.- :- VIII. HYDROLOGY Ai'ID WATER QUALITY. Would the project a) R~sult in an increase in pol1utant discharges to 0 0 EI 0 receiving waters (including impaired water bodies pursuant to the Clean WateÒ,:ct Section 303(d) list), result in significant alteration of receiving water quality during or fol1owing construction, or violate any water quality standards or waste discharge requirements? b) Substantial1y deplete groundwater supplies or 0 0 II 0 interfere substantiall:y with groundwater recharge such that th~e would be a net deficit in aquifer .' volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits - have been granted)? Result in a potential1y significant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the 0 0 II 0 site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the -' 0 0 II 0 site or area, including through the alteration of the course of a stream or river, substantially incre:lse the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structures v.idrin a lOa-year flood h=rd area which 7-<-19 ~ Less Thon. PotentioUy Signincont Loss Thon Issues: With Signincont Mitigotion Signincont No ¡mpoet ¡mpo" ¡ncorporotcd ¡mpoet would impede or redirect flood flows? e) Expose people or structures to a significant risk of 0 0 0 íJ loss, injury or death involving flooding, including. flooding as a result of the failure C!f,~ levee or dam? f) Create or contribute runoff water, which would 0 0 0 II exceed the capacity of existing or planned stormwater drainage systems or provide' substantial additional sources of polluted runoff? ---. Comments: See Mitigated NegaiíŸe Declarntion, Section E. ì"liti!2ation: No mitigation measures are requjIed. IX. LA.ND USE A-ND PLM"NING. Would the project: a).. Physically diVide an established community? 0 0 0 D b) Conflict with any applicable land use plan, policy, or 0 0 . 0 regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? - c) Conflict with any applicable habitat conservation 0 0 0 II plan or natural community conservation plan? .. ( -~-O 10 LmThan Potentiol1y Sign;n"nt Lm Thon With Issues: Sign;ncont Miti;otion Si;nificont No Impo" Impo,! Incorporoted Imp"'! Comments: a) Tee proposed cormnercial project would be cor..siste:1t with the character of the surrounding area and, the:-.:ore, would not àisrupt or ài,ide an established community. . -- -n b) Tne project site is withID the crJThoroug.1úare Cornme-:cia1/Precise Plan) Zone ar.d MCO (lvk:car.tile and Office Commercial) area witl'rin the Montgom..-;.¡ Specific Plan and designated CR (Retaii Cornme-:cial) under the General Plan. The proposed project would be consistent "ith the applicable zoning regulations under the proposed CCP (Central Cornmercia1/Precise Plan) zone. c) Tn: project would not conflict with any applicable adopted environmental plans or policies. Furth=ore, the project would not encroach into or indirectly affect the Habitat Preserve area of the adopted Chula Vista ~ISCP Subarea Plan. -- ìYlitization: No mitigation measures are r~quired. X. l\lli'iER-\L RESOURCES. Would the project: a) Result in the loss of availability of a known mineral 0 0 D iii resource that would be of value to t!J.e region and the residents of the state? b) Result in the loss of availability of a locally 0 0 D III important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comriients: a) The proposed project would not result in the loss of availability of a kno\<ll mineral resource of nlue to the region or the residents of the S tate of California. - b) Pursuant to the Environmental Impact Report for the City of Chula Vista General Plan, the State of Ca!ifar.~a Departme:1t of Conservation has not desig!".:lted the project site for mineral resçnl!"ce protec:ion. .- ì\oliti!?::ltion: No mitigation me:lSures are :-:quired. {-51 " Loss Thon Polentiolly Significont Loss Thon Issues: With S¡gnineont M¡rigotion S¡gRincont No Impoet Impoet IReorporo"d Impo" XI. I-;mSE. Would the project resu1t in: a) Exposur~ of persons to or generation of noise 1evels 0 0 D 0 in excess of standards' established in the 100al. general plan or noise ordin~ce, or applicable .. . - - " standards of other agencies? b) Ex¡;osure of persons to or generation of excessive 0 0 0 !] groundbome Y1òration or groundbome noise levels? c) A substantial permanent increase in ambient noise 0 0 II 0 levels in the project vicinity above levels existing v..ithout the project? d) A substantial tempoI2l")' or periodic increase in 0 0 II 0 ambient noise leve1s in the project vicinity above levels existing without the project? e) For a project located within an aliport land use plan 0 0 0 II or, where such a plan has not been adopted, within tlVO miles of a public airport or public use airport, wou1d the project expose people residing or working - , in the project area to excessive noise 1evels? f) For a project within the vicinity of a private airstrip, 0 0 0 II would the project expose people residing or working in the project area to excessive noise levels? -. (-~;;l... 12 Less Than PotonHolly Significant Loss Thon With Issues: Significant Mitigotion Significant No Impact lmpact Incorporated Impact Comments: a, c and d) See Mitigated Negative Declaration, Section E. b) It is not anticipated that persons will be exposed to excessive grounåbome ~ibration or noise levels, as the-.e ",ii! not be any heavy industrial equiprn~t or rnacrunery operated on-sife beyond short-term construction acti~ities. e) Tr.e project is not located within an airport land use plan nor within two miles of a public airport or pubEc use airport; therefore, the project would not expose people working on-site to excessive noise levels. f) The project is not located within the vicinity of a private airstrip; therefore, the proposed development wouie: m¡ expose people working on-site to excessive noise levels. Mitigation: See Mitigated Negative Declaration, Section F. XII. POPULATION A1'ID HOUSING. Would the project a) Induce substantial population growth in an area, 0 0 !II 0 either directly (for ;example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)1 b) Displace substantial numbers of existing housing, 0 0 0 II necessitating the construction of replacement - housing elsewhere? " c) Displace substantial nwnbers of people, 0 0 0 B necessitating the construction of replacement housing elsewhere? Comments: a-<:) Based upon the size and nature of the proposal, no significant population displacement or population grov..th inducement is anticipated. Although e:cisting housing would be displaced, the proposal would result in a net ÏI'.cre:!Se in housing. 1\ litigation: No mitigation me=es are required. )"ìII. PUBLIC SERVICES. \Vould Ihe project: 7-53 13 LessTh'n Potcnti,Uy Significont Lm Thon With Issues: Significon! Mitigotion Significon! No Imp'c! Imp.c! Inc'rporoled Imp'c! Result in substJntial adve:õe physical impacts associated \vith the pro,ision of new or physically altered govemmentJI facilities, need for new or physically altered govemrnentJl facilities, the construction of which could cause significant environmen¡aJ impacts, in order. .. .-.- .. to maintJin acceptable service ratios¡.response times or other performance objeçtives for a."1Y pubEç servic~s: a. Fire protection? 0 0 0 :;J b. Police protection? 0 0 0 a .-. 0 iJ c. Schools? 0 0 d. Parks? 0 0 0 ¡] e. Other public facilities? 0 0 0 IJ Comments: a) According to the Fire Department, adequate []Ie protection serv:ic~s can continue to be provided to the site without an 'increase of personnel; however, the installation of a fire hyàrant on-site is requiIed. Tne. Fire Department's estimated time of arrival is v.ithin 5 minutes. The applicant is required to submit plans fc-r a f.:, sprinkler system prior to building construction, to comply with the Fire De;>artment poJicies for new bUl1ding construction. The proposed project would not have a: significant effect upon or result in a need for r,ew or altered fire protection services. The City performance objectives and thresholès v.ill continue to be met b) According to the PoJice Department, adequate police protection services can continue to be provided u¡:on completion of the proposed project The proposed project would not have a signific:mt effect upon or res-c.lt in a need for substantial new or altered police protection services. The City performance objectives and thresholds will continue to be met c) The proposed project would not induce population growth; therefore, no signific:mt adverse impacts to pubJic séhools would result Furthennore, the applic:mt would be required to pay the statutory building permit school fees for the proposed commercial offic~ spac~ :md residential development. d) The proposal would not induce population growth and thus would not create a significant den-.:md for neighborh~d or regional parks or facilities. -- - e) The proposed project would not have a signific:mt effect upon or result in a ned for neW or e.-q¡:mded governmental ser;ices and would continue to be served by existing public Ì1W~Jcture. \. 7 - ~-r.¡ 1'¡ Less Thon PotontiDlly Sig~~~~Dnt Loss ThDn Issues: SignifieDnt ;'yIitigDdon SignifieDn' No ImpDC: Impoct Incorporated Imp'" XI\'. RECREATIOÌ'i. Would the project: a) Increase the use oÌ existing neighborhood and 0 0 0 !iii regional parks or other recreational facilities such: . - that substantial physical deteri~tion of the facili!y . - - would occur or be accelerated? b) Does the project include recreational facilities or 0 0 0 ø reqtúre the construction or e."'<pansion of recreational facilities, which have an ~~verse physical effect on the environment? . <~. . Comments: a) Because the proposal is small, it would not induce significant population growth and thus not create a significant demand for neighborhood or regional parks or facilities, or alter or deteriorate e:Òti::g recreational facilities in the area. b) The project does not include the construction or e."'()ansion of recreational facilities. According to the Parks and Recreation Bement of the General Plan, the projet:t site is not plaIJIled for any future parks and recreation facilities orprograms. IVIitig;ation: No mitigation measures are required. XV. TRANSPORTATION / TRlj1FJC. Would the project a) C¡¡.use an increase in traffic, which is substantial in 0 0 . 0 relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either th.e numberbf vehicle trips, the volume to capacity ratio on roads, or congestion at' intersections)? b) Exceed, either individually or cumulatively, a level 0 0 Ò . of service sund:lrd est:lbliShd by the county congestion management agency for designated roads 7 -sS- 15 Less Thon Potentially Significant Less Thon Issues: With Significant Mitig,tion Significant No Impoet Impact Incorporolcd Impoct or highways? c) Re;ult in a change m air traffic patterns, including 0 0 0 D either an mcrease m traffic levels or a change m .. location that results in substantia1~safety risks? d) Substantia11y increase hazards due to a design 0 0 0 \] feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., fann equipment)? ... -- e) Result m madequate ernergency access? 0 0 0 II f) Result m inadequate parking capacity? 0 0 a D g) Conflict v,ith adopted poEcies, p1ans, or programs 0 0 0 [ supporting alternative transportation (e.g., bus turnouts, bicyc1e racks)? Comments: See Mitigated Negative Dec1aration, Section E, Miti!!:ation: No mitigation measures required. XVI. UTTI...ITIES AND SERVICE SYSTEMS. Would the project a) Exceed wastewater treatment requir=ents of the 0 0 0 iii . applicable Regjona1 Water Quality Control Board? ~ b) Require or result m the construction of new water or 0 0 0 II wastewater treatment facilities or expansion of existing faci1ities, the construction of which could caUSe significant enviromnental effects? { - 5"(., 16 Less Thon Potentially S;~nificant Less Than Issues: With Significant Mitig3tion Si~nifican! Nolmp,ct Imp'c! Incarparotad Imp"'! C) Require or result in the consttUction of new stonn 0 0 0 i1 water drainage faciEties or expansion of existing facilities, the construction of which could cause .. .. signiñcant environmental effects'\. d) Have sufficient water supplies available to serve the 0 0 0 B project from existing entitlements and resources, or are new or expanded entitlements needed? H e) Result in a detemlination by the wastewater treatment 0 0 0 G! provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? fj Be served by a landñll with sufficient permitted D D II 0 capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and 0 D D 0 regulations related to solid waste? ~- .' 7-57 17 Less Than . Significan', P~t,?t"lIy With Less Than Issues: S.gRlficant Mit¡-ation Significant No Impa" Impact Incorporated Imp,ct Comments: a) The project site is located within an urban area that is served by all necessar¡ utilities and se-.,ice systems. No exceedance of wastewater requirements of the Regional Water Quality Control Board would resu1t from the proposed project. " ,- b) See XV1.a. No construction ofñew water or wastewate~ treatment facilities or the e;mansion of existinz facilities would be necessary. .- c) No construction of new storm drainage facilities or expansion of existing facilities would be necessa::j. d) The project site is within the potable water service area of the Sweetwater Authority, P\.¡rsua;¡t to cor.espondence from the Eiy¡eetwater Authority, the project may be serviced from existing potable wate:: mains. No new or expand¿dendlements would be necessary to serve L'le proposed project. e) See XV1.a. and b. f) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid was:e needs of the region in accordance with State law. g) The proposal would comply with federal, state and local regulations related to solid waste. MitÌ!!ation: No mitigation measures are required. XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A) LibrnIV 0 0 0 a The City shall construct 60,000 gross square feet (GSF) of additional librory space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the city- .- wide rotio of 500 GSF per 1,000 population. Libr:Jry facilities are to be adequately equipped and staffed. 7- :J-?f 13 Less Than Potentially Significont Less Than Issues: With Significant Mitigation Significont No Impact Impact In,orponted Imp..! B) Police 0 0 !J 0 a) Emergency Response: Properly equipped and S+..1Íîed poJice ur.its shall respond to 81 percent of "Priority One" emergency calls within seven (ï) minutes and maintain . an average response time to ;ill "Priority One" e:r.ergency calls oî 5.5 minutes or lešs: b) Respond to 57 percent oî "Priority Two" urgent calls within seven (J) minutes and maintain an average response tÙTIe to all "Priority Two" calls oî 7.5 minuœõ or less. C) Fire and Emer£encv Medical :::-. 0 0 D 0 Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the Cit'j within 7 minutes in 80% of the cases (measured annually). D) Traffic 0 0 D 0 The Threshold Standards require that all intersections must operate at a Level of SerVice (LOS) "C" or better, "ith the e.""<ception that Level of Service (LOS) "D" may occur during the peak two hours oî the day at signalized intersections. Signalized intersections west on-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" dur'wg the average weekday - peak hour. Intersections oî arterials with freeway ramps are exempted from this Standard. E) Parks and Recreation Areas 0 0 0 . The Threshold Standard for Parks and Recreation is 3 acres' ,'of neighborhood and community parldand with appropriate îacilitiesJl,OOO population east on-805. F) Draina£e -- 0 0 B 0 The Threshold Standards require that stOI1Il water flows and volumes not exceed City Engineering Standards. Individual projects "ill provide necessary improvements consistent "ith the Dr:linage Master Plan(s) and City Engi.ne:ring StJn6rds. 7-59 19 L""sThsn Potcntislly Si~nifie;ri! LmThsn With Issues: Signifiesnt Mitigstion Signifiesnt No Impoet Impse! Ineorporstcd Impsc! G) Sewe-; 0 0 m 0 The Tnreshold Stand2rds require that sewage flows and .. volumes not exceed City EngjJ:.eering Standards. ":., Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Stand2rds. H) Water 0 0 D 0 The Tnreshold Standards require that adequate storage, treatment, and transmission fàç¡litiesare constructed con=ently with pl=ed growth and that water quality stand2rds are not jeopardized during growth and construction. AppJicants may also be required to participate in whatever water conservation or fee offset program the City of Chula Vista has in effect at the time of building permit issuance. ~. '. 7-foo 20 -- Less Thou pot..tiony Signifieont Lm non WHò Issues: Signifieont Mitigotion Signifieont No Impoet I"'poet Ineorporo"ú Impoet Comments: a) ¡-;o adverse impact to the City's Libr.Ij Tnr,shcid s<=Órds wodd oc~:Jr as a ce:u!t of¡t, ~::pcsed Fcjer-t. b) Þ_~~cr¿ing to !Ì'_e police Departffie:lt, adeq1.1:l¡~ police protecrion se-.,ices c:m conti¡1Ue to be pro,ided \-,?on c~:::pletion of the proposed project. Tne proposed mi-œd use project would not have a sig::iiicant e:rect "Cp::: or resu1t in a need for substantial'new or altered police protedon services. No adve:~e impact to the City's Poiice Threshold standards would OCc\;! as a reS"Jlt of the pro]XJsed project. c) Þ-_c~onling to the Fire Department, adequate fJre protecticn and e:nerg""cy medical service~ can be pro,;èed to ',-:, ~i". Tee Fire Stations that will cro.,;èe ~e--.,ic'~ to L'-;e "Crcl:ose::: örciect "" ~ ",:icr.: : :~..: 5 "';ú1 esti¡nated time of amvals from 3-5 mIDutes. The proposed project ';ouid not hav~ a signiñca.."1t ef"..,c¡ upon or r~suìt in a ne,d for new or a1tered f¡re protection services. No adverse impact to the City's Fire and Emergenc:' Medic~l Tnreshold standards would oc_cur as a result of the proposed project. d) Þ-_ccording to the Traffic Engineering Section, wÜh the addition of projected g,:-.erated traffic, all roadway segments and intersections within the study area are estimated to continue to operate at leve] of s,,"¡ice "c" or better in compliance with the City's Traffic Threshold Standards. e) Eecause the project site is located weS! ofInters-"'-te 805, this Tnreshold Standard is not appEcable. f) A drainage study win be prepared in conjuncrion with the fmal gradh"1g :md iffiProveme::¡ plans and àrah"1ag' faciJities designed in. accorà:mce ",i41 the Drainage Master Planes) and Cit'j Enginee-:.r:g s"Clr1darès ",in be ir:s<",-lled at the time of site developme:lt. Tne applicant proposes new and improved ér:linage facilities incorporated within the project site. No adverse impacts to the City's stonn drainage syS!em or City's Drainage Threshold standards will occur as result of the proposed project. g) Tne sewer faciJities serving the project site consist 1)f two 8-inch sewer mains rcr.r.ing sautherìy alor.g Broadway. The Engineering Division has determined that these facilities are adequate to serve the proposed project- No new sewer facilities are anticipated to be required and no adverse impacts to the City's Sewer Threshold standards will occur as a result of the proposed project. h) Pursuant to cOlTespondence received from the Sweetwater Authority, dated August 6, 2003 and March 19, 2004, there is an 8-inch water main located on east side of Broadway and there are currently two dor;¡estic water services currently serving the project site. A5 noted in the March 19, 2004 letter project impacts to the Authority's storage, treatment, and transmission faci1ities would be less than significant. - -. - 7 - Cd 21 Less Thnn Potentinlly Sig~~~nnt Less Thnn Issues: Signifiennt Mitigntioo Signmennt No Impac! Impnc! Incorpornted Impnct XVTII. l'vL~I";DATORY FTh"IHNGS OF SIG:-iIFICÁ.1"i"CE a) Does the project have the potential to degrade the 0 0 0 ÐI quality of ll-¡e environment, substantially reduce the . habitat of a fish or v.ildlife species, cause a fish or .. . .- . wildlife population to drop bei"w 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 of California history or prehistory? b) Does the project have impacts that are individually 0 0 EI 0 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 project, and the effects of probable future projects.) c) Does the project have environmental effects, which 0 0 a D . will cause substantial. adverse effects on human beings, either directly or indirectly? Comments: a) The project site is located within an established urbanized area, and is within the designated development area of the adopted Chula Vista MSCP Subarea Plan. There are no lmown sensitive plant or animal species or cultural resources on the site. b) As descnècd in the Mitigated Negative Declaration, significant direct projeci impacts would be mitigated to bçlow a level of significance through the required mitigation measures. No cumulatively considerable impacts associated with the project when viewed in cOnnection with the effects of past projects, other current projects and probable.future projects have been identified and none are contemplated. c) See the "Hazards and Hazardous Materials" and "Air e;)uality" discussions in Section E of the l'vfitigated Negative Declaration; all identified potential impacts would be mitigated to below a level of signific:mce. ~ 7 -~ d.-. 22 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: , Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table 1; Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration 15-03-034. x,'X. AGREEMENT TO ThlPLE;'vIENT MITIGATION i\IEASURES By signing the line(s) provided below, ¡he Applicant and/or Operator stipulate that they have each read, '. understood and have their respectivè, company's authoiity to arid aõ agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shan indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shan apply for an Environmental Impact Report. ?"MtJ'.:> ~Ú€t.Or~ÑÏ btt""ixJp lAc. (.4~0'::. IJ..A\:::flI'rZO Printed Name and Title of Applicant (or authorized representative) ð!:Z'l/o/ Date Printed Name and Title of Operator (if different from Applicant) Signature of Operator Date (if different from Applicant) -- '. 7-&'3 ~- _.:J XXI. ENVIRONMENTAL FACT 0 RS P OTE~'TL\LL Y AFFE CTED: The en'/ironmental 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 previous pages. 0 Land Use and Planning OT ransportation/T raffic 0 Public Services 0 Population and Housing 0 Biological Resources ".0 Utilities and Semce Systems "" 0 Énergy and Mineral "" 0 Geophysical 0 Aesthetics Resources 0 Agricultural Resources 0 Hydrology/Water ill Hazards and Hazardous 0 Cultural Resources Materials II Air Quality ..g Noise 0 Recreation 0 Paleontological 0 Mandatory Findings of Significance Resources ". .. 7-~ tJ- 24 x""m. DETERvlINATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the 0 environment, and a Negative Declaration wi1l be prepared. I find that although the proposed project could have a significant effect on the fi) environment, there wi11 not be a significant effect in this case because the mitigation measures described on an attached sheet have b~en .dded to the project. .. ., A Mitigated Negative Declaration wi11 be prepared. .- I find that the proposed project may have a significant effect on the environment, 0 and an Environmental Impact Report is required. I find that the proposed project may have a significant effect(s) on the environment, but 0 at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal sundards, and 2) has been addressed by mitigation m=~res based on the earlier analysis as deSçribed 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. 0 I find that although the proposed project could have a sig!lificant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendup¡ has been prepared to provide a record of this detennination. M~~~{a~~. 5/3101 Date/ Environmental Review Coordinator City ofChula Vista ~. J:\PlanningIMARlAlInit¡al S:udyIIS-oJ-o34Chc<:kliscdoc (-ro~ 25 ATTACHMENT 7 DAVE FIELD JR 1036 Jefferson Ave. Chula Vista. Ca 91911 (619)691-5911 sdmobius@juno.com '- - . April 26. 2004 City of Chula Vista Planning and Building Dept. 276 Fourth Ave. Chula Vista, Ca 91910 Attn: Jeff Steichen .. Case Number: DRC 04-40 1Y1r. Steichen. This lectet is in response to the proposed Pbarus Plaza project to be located at 1030-1034 Broadway. Here are several concerns regarding the proposed project: 1. Height of buildings fÌ"om current residential properties to the Westside of proposed project. 2. Building setback fÌ"om residential properties to the West. 3. High density of proposed project for already congested urban area. 4. School impact for Harborside Elementary 4. Parking overflow from residents onto Broadway and adjacent side streets. Property owners quality of life to the Westside of the project will be adyersely affected. Some type of design change is needed for the noise, congestion and yisual intrusion this will be to residents who live next to and around this proposed project. Please feel fÌ"ee to contact if you haye any additional questions or comments. Sincerely, Daye Field Jr. (619) 691-59-Jl/ ~ - - ~". :---- . ~ - ~ Î-~c:' ~I~ J ATTACHMENT 8 ~ ::: Planning & B u i I din g' Department em OF Planning Division I Development Processing CHULA VISTA APPLICATION AFPENDIX 8 Disclosure Statement Pursuant tc Council Policy 101-01, prior to any action upcn matters that wiil require discretionar¡ action by the Council, Planning Ccmmission and ail other official bodies of the City, a stat=ment of -disclosure of certain ownership cr financial . 'interests, payments, or campai9n contributicns fcr a City of C~uia Vista ,eledon must be filed. ïhe following infcrmation . must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the applicaticn or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. VHAl2ù::, Þe-ú~el\Jr tdzcc; p -- 2. If any perscn. identified pursuant to (1) above is a corpcration or partnership, list the names oj ail indivic:uais with a $2000 investment in the business (corporation/partnership) entity. Ciì(\.LoSo /U.AÐIlP,= /J..f?ï PA;2TrJ~i2S I ,}J¡;N \=". MA:Oc",-¡o Cij(,":o,ì¡.c"tN~ IIlA-DII4"ZO 3. If any person. identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Piease identify every person, including any agents, employees, consultants, or independent ccntractcrs you have assigned to represent you before the City in this matter, - J<:>SE.. A-\..~{l.û¡ <ilL. rAiU.o':;. M ADiU:\7.D Has any person. associated with this contract had any financial dealings with an officiai.. of the CitY of Chura 5, Vista as it relates to this contract within the past 12 months. Yes V No- JóSt. At..~'2.../) r Jt2-. If Yes, briefly desc.1be the nature of the financial interest the official- may have in this contract ~/:GN CON' S<Jt... 'ri4Nï - 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No v Yes _If yes, which Council member? ': r-rc7 2i6 Fourth -~venue I Chuld Visco Coliiarnio I 91910 I (6191 6~:-jl01 .-- ~\~ ~ I i & B u i I d i - P ann n g n g 0 e p a rtment CITY CF PIJnnin~ Division I Development Proaes;ing (HUlA. VISTA APPUCA7JON APPENDIX B Disclosura Statement - Fage 2 7. I-'.a'ie 'leu provided more than $340 (or an item of ec"i"',-ien¡ 'ai"e) to an cfficiai" ci the Cty ci Chula Vista in the past tweive (12) months? (ïhis includes being a source cf inccme;~cney to retire a legal ceb!, gift, Icôn, etc.) ~-~~ .: .'. If Yes, which afficiai" and what was the nature of item provided? Date: "1/1/0,/ 2;~ -- Signature of ~ar,t Y1"(M¡¡<:" .'J>lf"¡1.I...,",,lj,./!3'Io.J, c"2!:Z.!P Printer type name of Contractor/Applicant . Person is defined as: any individuai, firm, cc-~ôrtnership, jcini venture, asscciaticn, scciai ci"b, fraternai ar¡;ônization, corpcration, estate, trust, recsiver, syndicate, any ather county, c'ty, municipaiity, district, cr ether pclitical subdivision, -or any other group or combina~on ac'jng as a unit. .. Official includes, but is not limited to: Maycr, Council member, Planning Ccmmissioner. Member ci e bcôrd, commission, or committee of the City, employee, cr staff members. ~. f -IÓ g li6 Fourth ,~venue I Chula Vista I California 91910 I {6191 6~i.;101 I ORDINANCE NO. - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE NEGATIVE DECLARATION (15- 03-034) AND AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE, REZONING A 1.2 ACRE PARCEL LOCATED AT 1030/1034 BROADWAY FROM THE CTP (THOROUGHFARE COMMERCIAL, PRECISE PLAN) ZONE TO THE CCP (CENTRAL COMMERCIAL, PRECISE PLAN) ZONE AND ADOPTING PRECISE PLAN STANDARDS I. RECITALS A. Projecf Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consist of one acre located at 1030/1034 Braadway ("Project Site or Site"); ond B. Project; Application for Discretionary Approvol WHEREAS, on July 25, 2003, a Rezone application was filed by Carlos Madrazo ("Developer") with the Planning and Building Deportment of the City of Chula Vista requesting an amendment to the adopted Zoning map or mops estoblished by Section 19.18.01 0 of the Chula Vista Municipal Code in order to rezone a 1 .2-acre parcel located at 1030/1034 Broadway from CTP, Thoroughfare Commercial/Precise Plan to CCP, Central Commercial/Precise Plan with precise plan standards that would ollow a mixed-use project that includes 30 condominium units ond 5,000 office building reductions in setbacks and allowance for 4 shared parking spaces ("Project"); and C. Prior Approvals WHEREAS, the Design Review Committee held an advertised public hearing on the project on Moy 17,2004, at 4:30 p.m. in the City Council Chombers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 3-0-1- 1 to recommend that the City Council approve the Project, in accordance with the findings listed below; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 16, 2004, and after hearing staff presenfation and public testimony, voted 7-0 to recommend that the City Council adopt the Mitigated Negative Declaration (IS-03-034) and approve the Rezone and Precise Plan in accordance with the findings listed below; and D. Planning Commission Record on Application WHEREAS, the Plonning Department set the time and place for a hearing on said Project, ond notice of said hearing, together with its purpose, was given by its publication in a (-Co 1 Ordinance No. - Page 2 newspaper of general circulation in the City, and its mailing to properly owners within 500 ft. of the exterior boundary of the Project, at least ten (10) days prior to the hearing; and WHEREAS, the Plonning Commission held an advertised public hearing on the Project on June 16,2004, ot 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 7-0 to recommend that the City Council approve the Mitigated Negative Declaration, Rezone and Precise Plan, in accordance with the findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on June 16,2004, and the minutes and resolution resulting there from, are hereby incorporated into the record of these proceedings; and E. City Council Record on Applicotion WHEREAS, the City Council held an odvertised public hearing on the Project on July 20, 2004, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentotion and public testimony, the City Council voted to adopt and approve the Mitigated Negative Declaration (IS-03-034), Rezone and Precise Plan in accordance with the findings listed below; and WHEREAS, the City Clerk set the time and ploce for the hearing on the Project opplications ond notices of soid hearings, together with its purposes given by its publication in a newspoper of general circulation in the City, and its mailing to properly owners within 500 ft. of the exterior boundaries of the Project site at least ten (10) days prior to the hearing; and F. Discretionary Approval of Ordinance WHEREAS, a duly called and noticed public hearing on the Rezone and Precise Plan was held before the City Council of the City of Chula Vista to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. II. The City Council of the City Chula Vista does hereby ordain as follows: A. Certification of Compliance with California Environmental Quolity Act (CEQA) The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in Mitigated Negotive Declaration (IS-03-034). The City Council has reviewed ond considered Negative Declaration (IS-03-034) and finds that no further environmental review or documentation is necessary. B. Independent Judgment of the City Council The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigoted Negative Declaration and Mitigotion Monitoring ond Reporting Program (15-03-034) in the form presented hove been prepared in accordonce with the requirements of the Californio Environmental Quality Act (CEQA), the State CEQA 7-70 Ordinance No. Page 3 Guidelines and the Environmental Review Procedures of the City of Chula Vista, and hereby adopfs fhe Mitigated Negafive Declaration and Mitigation Monitoring and Reporting Program (IS-03-034). C. Precise Plan Findings 1. That such use will not under the circumsfances of fhe 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 precise pion standards will not have a negative impact on the surrounding neighborhood. While such standards allow the necessary flexibility to create a project which is more urban and pedestrian oriented, they olso insure that a mixed use project will maintain the continuity of the surrounding existing commercial and residential development. Such standards will also allow fhe necessary flexibility in development standards necessary to minimize the mass or structures, as visible from surrounding oreas, by providing room for adequate open space/courtyard areas between buildings on-site. 2. That such plan satisfies the principle for application of the "P" modifying district as set forth in CVMC 19.56.041. Section 19.56.041 (C) provides for the application of the "P" modifying district if the basic or underlying zone regulation does not allow the property owner and/or city appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zone. Because the project is surrounded by a combination of existing commercial and residenfial uses, one of the criteria used to determine the preferred design of the project has been to insure that the commercial portion of the project wos situated adjacent to commercial uses and the residential portion was most adjacent to existing residential uses. 3. That any exceptions granted which may deviate from fhe underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the development standards of the CC and R3 zone would limit the ability of the opplicant to propose a design which a) meets the goal of providing an urban, pedestrian oriented design and b) configure the placement of the office and residential uses on the site in a way that provides a natural extension of the established separation on adjacent parcels between commercial and residential land uses and also provides for additional open space and pedestrian walkways between buildings in order to reduce the bulky appearance of the mixed use project. The requested deviations under the precise plan are warronted in order to achieve these goals. 7-71 Ordinance No. - Page 4 4. The approval of this plan will conform fo fhe General Plan and the adopfed policies of the City Of Chula Vista. The project has been evaluated in accordance with the goals and ob¡ecfives of Chapter 10, Section 5.9 of the General Plan relative to mixed-use development along Broadway. The Precise Plan, as described, will allow the project to be consistent with the gools and objectives of the General Plan, Southwest Redevelopment Area Plan and the Chula Visfa Municipal Code. D. The rezoning provided for herein is consistent with the City of Chula Vista General Plan, public necessity, convenience and the general welfare and gaod zoning pracfice suppart the amendment ta the Municipal Code. E. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is hereby amended to rezone the site as depicted in Exhibit "B" from CTP (Thoroughfare Commercial, Precise Plan) to CCP (Central Commercial, Precise Plan). F. The Precise Pion Standards as depicted in Exhibit "C" are hereby adopted and are supported by fhe required findings (CYMC Section 19.56.041, as outlined in secfion II(C) above. III. EFFECTIVE DATE. This ordinance sholl take effect and be in full force on the thirtieth day fram and otter its adoption. Presented by Approved as to form by Va..-- 7. 14~fo'" James D. Sandoval Ann Moore Planning and Building Director City Attorney 7-7~ ~ ~ ~-,----' \' \ \-------------- ~\ . 0.' \. 'í~N\<.s~ .' ~'---/ , '.--------- ~,. \\ - \d--\ , Costco \ \ " r ' Wa I. M c rt ---------- / LOCATOR (-73 EXHIBIT A EXHIBIT B EXHIBIT C PRECISE PLAN STANDARDS Modified CC/R3 District Standards PARKING Shored Parking allowance: The on-site porking requirement in this precise pion areo sholl be reduced by four (4) parking spaces. These four spaces will be considered "shared parking" with four of the required office/commerciol parking spaces. Soid four spaces must be in a location ovailable for guests of the residential units during off-peak hours for accompanying businesses. Compact Parking Spaces: The maximum amount of compact parking spaces is 21 % of tofal required parking spoces (instead of 10%). SETBACKS Office/Commercial: Front Yord: 3 feet (single story arcade) 8 feet (two story building) Residential: Side Yard: If Adjacent to Commercial 5 1f2 feet If Ad¡ocenf to R-1 10 feet Reor Yord: For Building 15 feet For Balcony 13 feet 7-r~ RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING SPECIAL USE PERMIT (SUPS 04-07) AND DESIGN FOR A MIXED-USE RESIDENTIAL AND OFFICE COMMERCIAL DEVELOPMENT LOCATED AT 1030/1034 BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA I. RECITALS A. Protect Site WHEREAS, the area of land, which is fhe subject of this resolution is diagrommatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consists of 1.3 ocres located at 1030/1034 Broadwoy ("Proiect Site"); and B. Project; Applications for Discretionary Approvol WHEREAS, on April 23, 2004, a special use permit application was filed by Carlos Madrozo ("Developer") with the Planning and Building Department of the City of Chula Vista requesting a special use permit fo construct ond operafe a mixed-use project that includes 30 condominium unifs, 5,000 square feet of office, and reductions in setbacks and parking requirements ("Projecf"); and C. Prior Approvals WHEREAS, the Design Review Committee held an advertised public hearing on the project on May 17,2004, at 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presenfation and public festimony, voted 3-0-1-1 to recommend that the Redevelopment Agency approve the proposed Project as depicted in Exhibif B and subject to the conditions contained therein; ond WHEREAS, the Planning Commission held on advertised public hearing on the Project on June 16, 2004, ond after hearing sfaff presentation and public testimony, voted 7-0 to recommend that the Redevelopment Agency consider and adopt Mifigated Negafive Declarotion (IS-03-034) and opprove the Project in occordance and subject to the findings and conditions listed below; ond D. Plonning Commission Record on Applications WHEREAS, the Planning Department set the time and place for a hearing on said Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulotion in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the Project, at least ten (10) days prior to the heoring; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 16, 2004, at 6:00 p.m. in the City Council Chambers ot 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 7-0 to recommend thot the 7-7~ RDA Resolution No. - Page 2 Redevelopment Agency consider and adopt Mitigated Negative Declaration (IS-03-034) and approve fhe Project in accordance and subjecf fo the findings and conditions listed below; and WHEREAS, the proceedings and 011 evidence introduced before the Plonning Commission ot the public hearing on the Project held on June 16, 2004, and the minutes ond resolution resulting there from, are hereby incorporated into the record of these proceedings; and E. Redevelopment Agency Record on Applicotions WHEREAS, the Redevelopment Agency held on advertised public hearing on the Project on July 20,2004, ot 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue which was continued to the Agency meeting of August 3, 2004 and, after hearing sfaff presentation and public testimony, the Redevelopment Agency voted - to adopt Mitigated Negative Declarotion (IS-03-034) and approve the Project in accordance and subject to the findings ond conditions listed below; and WHEREAS, the Clerk for the Redevelopment Agency set the time and ploce for the heoring on the Project applicotions ond notices of soid hearings, together with its purposes given by its publication in 0 newspaper of general circulation in the City, ond its moiling to property owners within 1,000 ft. of the exterior boundaries of the Project site at least ten (10) days prior to the hearing. II. NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency does hereby find, determine and resolve os follows: A. Certification of Compliance with Colifornia Environmental Quality Act (CEQA) The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmenfal Quality Acf and has determined that fhe proposed project was adequately covered in Mitigated Negotive Declaration (IS-03-034). previously adopted by the City Council. The Redevelopment Agency has reviewed and considered Mitigated Negative Declaration (IS-03-034) ond finds that no further environmental review or documentation is necessory. B. Independent Judgment of Redevelopment Agency The Redevelopment Agency does hereby find thaf in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigotion Monitoring and Reporting Program (IS-03-034) in the form presented hove been prepared in accordance with the requirements of the Californio Environmental Quality Act (CEQA) , the Stote CEQA Guidelines ond the Environmental Review Procedures of the City of Chula Vista, and hereby adopts the Mitigoted Negative Declaration and Mitigation Monitoring and Reporting Program (IS-03-034). C. SPECIAL USE PERMIT FINDINGS The Redevelopment Agency does hereby make the findings required by City/Redevelopment Agency rules and regulations for the issuance of speciol use permits, as 7-7/ RDA Resolution No. Page 3 herein below set forth, ond sets forth, there under, the evidentiary basis that permits the stoted finding to be made. 1) That the proposed use at the particulor location is necessary or desiroble to provide a service or facility which will contribute to the general well-being of the neighborhood or community. The mixed-use project is desirable at this location and will introduce new office and residential uses to an orea surrounded by existing commercial and residential uses in a way that provides a harmonious integration of both lond uses which could nof be achieved by segmenting the development of these land uses onto separate porcels. The urban ond pedestrion oriented nature of the project helps foster the current development goals of increasing the livability and viability of the orea. 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 fhe vicinity, or injurious to property or improvements in the vicinity; It is anticipated thot the project will not be detrimental to health, safety or general welfare of persons residing or working in the vicinity. The project complies with the adopted precise plan development standards for the site, which were opproved bosed upon the findings outlined in section 19.14.576 of the Chulo Vista Municipal Code. In addition, the applicant has taken measures to minimize any negative visual impacts to surrounding land uses through the use of increased landscaping and wall height along the western property line. 3) That the proposed use will comply with regulations in this title for such use. The project complies with all regulations of the CC zone as modified by precise plan sfandords odopted for the subject parcel based upon section 19.14.576 of the Chula Visto Municipal Code. 4) That the granting of this special use permit will not adversely affect the general pion of the city or the adopted plan of any governmental agency; The proposed project complies with the Generol Plan of the City of Chula Vista. The adopted precise plan standards for the project site allow for the modification of front yard setback otherwise required by both the Montgomery Specific Pion. III. APPROVAL AND TERMS OF GRANT OF PERMIT The Redevelopmef)t Agency hereby opproves the design of the Project and grants Special Use Permit SUPS 04-07, subject to the following conditions. 7- 7 f( RDA Resolution No. - Page 4 A. land uses within the office component of the mixed use project is limited to office or related uses. No retail uses shall be permitted. B. Approvol of this Special Use Permit is contingent upon approval of the related rezone (PCl 04-01) and the Ordinonce entered into effect. Planning ond Building Departmenf Condifions: C. The site sholl be developed and maintoined in accordonce with the pions for DRC - 04-40 opproved concurrently with this opplicotion for Speciol Use Permit. D. The colors and moterials specified on the building plans the must be consistent with the colors ond moteriols shown on the site pion ond moteriols boord opproved by the Design Review Committee on Moy 17, 2004. E. A lighting plan conforming to OIMC Section 17.28.020 shall be provided ond odhered to. The lighting sholl be shielded to remove ony glare from odiocent properties. F. All ground-mounted utility appurtenonces such os transformers, AC condensers, etc., sholl be locafed out of public view and odequotely screened through the use of 0 combinotion of concrete or masonry wolls, berming, ond/or londscoping to the sotisfaction of the Director of Plonning and Building. G. Applicont sholl construct the opproved six-foot high masonry/wood screen wall olong the north, south and wesfern perimeter of the project site. H. All roof-mounted equipment shall be fully screened from on-site parking oreas ond adjocent public streets or residentiol view. I. Prior to occupancy, applicant sholl submit a copy of 0 reciprocol parking ogreement or other legol mechonism to insure thof the 4 shared porking spaces will be remain ovailoble for both office ond guest parking for residentiol units. Said ogreement must be reviewed ond opproved by the Director of Planning. J. Äpplicont shall comply with fhe following parking stondords: I) Stondord (61, including 4 shared) 2) Compact (5) 3) Disobled (I) 4) Mointoin 0 90-degree ongle bock-up orea with a 24-foot oisle distonce between porking stolls. K. Applicant shall comply with 011 requiremenfs of the City's Building Division including fhe following: I) Obtoin all necessory permifs. 2) Submit architecturol pions for building permit review thot ore stamped ond signed by a licensed orchifect. Pions shall include a site pion ond building elevations that are consistent with this DRC approval. 7-79 RDA Resolution No. Page 5 3) Structural pions ond calculations must be stomped and signed by a Colifornia Registered Civil/Structurol Engineer. 4) Project sholl comply with 2001 Energy Requirements 5) Project sholl comply with 2001 CBC, CPC, CEC, and CMC, Seismic Zone4; wind speed 70 mph exposure C. 6) A soils report sholl be included with pions submitted for permits. 7) I hour separotion required where buildings do not meet set bock requirements from od¡acent buildings. L. A graffiti resistont freatment sholl be specified for all woll and building surfoces. This sholl be noted for ony building and woll pions and sholl be reviewed ond opproved by the Director of Plonning and Building prior to the issuonce of building permits. Additionally, the project sholl conform to Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti control. M. Submit 0 "Recycling and Solid Woste Manogement Pion" to the Conservation Coordinotor for review ond opprovol as port of fhe permit process. The plan sholl demonstrate those steps the opplicont will toke to comply with Municipol Code, including but not limited to Section 8.24 ond 8.25, and meet the State mondafe to reduce or divert ot leost 50 percent of the woste generated by all residentiol, commerciol and industriol developments. The opplicont sholl contract with the City's franchise hauler throughout the construction and occupancy phose of the project. N. The project must stoy in complionce with the Stote mandote to reduce waste generated by oil residences ond must comply with the Recycling and Solid Woste Pion filed with the City of Chulo Visto Monoger of Speciol Operations office. O. The property must be kept sonitory and litter free os per Chulo Visto Municipol Code 8.24.060. P. Applicant sholl coordinote with the City's Conservation Coordinotor regarding the correct size or trash enclosures. Q. All landscoping ond hardscope improvements sholl be instolled in occordance with the approved londscape pion ond the comments of the City Landscope Plonner, including the following: I) Provide 0 detailed landscape plan for review and opproval with fhe building permit submittal. 2) Provide ond adhere to a Water Manogement Plan, Fencing Pion, ond Plonting and Irrigotion Plan. 3) Insfoll opproved root barriers for trees planted within 5 feet of ony curb or hordscape surface such os sidewolks. 4) Concurrent with the building permit pockage show the ultimote locations of ony transformers. Instolled transformers sholl not interfere with londscape planter oreos. Where transformers must be locoted in opproved plonter area on equol and similorly useful planter orea sholl be provided os 0 replocement planter areas os opproved by the City Planning ond Building Deportment. 7- '10 RDA Resolution No. - Page 6 5) Instoll a 6-inch concrete mow curb throughout the site to seporate lown use from shrub/ground cover oreos. R. All trees and shrubbery are to be maintained. Trees are to be cleared up of least six feet and shrubbery is fo be cleared to three feet tall. S. Building pions and construction sholl reflect requirements of the Uniform Fire Code (UFC) to the satisfaction of the Chula Vista Fire Deportment. Hydrants, extinguishers ond other requirement of the UFC sholl be installed. T. Comply with 011 requirements of the Crime Prevention Unit of the Chulo Vista Police Deportment. This includes scheduling 0 security evoluotion by the Police Deportment. Security hordware should be indicoted on building pions ond security meosures sholl be in place prior to occuponcy. U. The opplicant sholl implement to the satisfoction of the City's Planning ond Building Deportmenf the mitigation meosures idenfified in the Pharus Ploza Mitigoted Negafive Declorotion (15-03-034) and Mifigotion Monitoring ond Reporting Program. Engineering Departmenf Conditions V. The following fees will be required based on the finol building pions submitted (refer to Development Checklist for more information): 1) Sewer Capacity Fees. 2) Traffic Signol Fees. 3) Public Facilities Development Impoct Fees. W. A T entotive Porcel Map ond Final Parcel Mop sholl be required in order to creote the 24 condominium unit/one lot condominium mop. X. A grading permit will be required. A droinage study ond geotechnical/soils study ore required with the firsf submillol of groding plans together with colculotions for the proposed droinoge system. Y. Obtoin 0 construction permit ond obide by the required stondords (including those set forth in this subsection) when performing ony work in the City's right of woy, or future sewer eosements, which moy include, but not limited to: 1) Construction of a drivewoy approoches; if applicable ADA pedestrion ramps in occordonce with federol, stote ond City low/stondords sholl be instolled. 2) Instollotion of troffic signs ot the proposed driveway ond in the existing medion for directionol traffic. 3) Installotion of on a-inch public sewer with manholes built to City Stondords olong the moin driveway. Improvement pions for the public onsite sewer system is required. 7-<61 RDA Resolution No. Page 7 4) Construction of 0 driveway over the public sewer shall meet H2O wheel loading standards. A six-inch thick PCC driveway over four-inch opproved base material is an acceptable structural secfion. 5) Sewer, Storm drain, ond other utilities connected to public systems. 6) Demolition of exisfing buildings may need to be carried out under supervision of 0 quolified hozardous moteriols expert. z. Streets, drivewoys ond onsife drainage facilities within the complex sholl be designoted ond mointained as 0 privote drive. AA. A Geotechnical investigation is required at the grading pion submittal stoge, which will include, but not be limited to: 1) Foundation recommendotions based on the proposed structure. 2) Povement recommendations if new pavement is proposed. BB. The opplicant is required to comply with the City of Chulo Vista's Storm Water Monagement Standards Requirement Monual, including but not limited to the following: 1) Development of the project sholl comply with 011 opplicoble regulotions, estoblished by the United States Environmental Protection Agency (USEPA), os sef forth in the National Pollutont Dischorge Elimination System (NPDES) permit requirements for urbon runoff ond storm water discharge, ond any regulations adopted by fhe City of Chulo Vista pursuonf to the NPDES regulations ond requirements. Further, the opplicant shall file 0 Notice of Intent (NOI) with the State Woter Resource Control Board fo obtoin coverage under the NPDES General Permit for Storm Water Dischorges Associoted with Construction Activity ond sholl implement 0 Storm Woter Pollution Prevention Plan (SWPPP) concurrent with the commencemenf of groding octivities. The SWPPP shall include both construction and post-construction pollution prevention ond pollution control meosures, and sholl identify funding mechonisms for the maintenonce of post-construction control meosures. 2) The opplicont is required to implement Best Monogement Proctices (BMPs) to prevent pollution of the storm water conveyonce systems, both during and offer construction. Permanent storm woter requirements shall be incorporated into the project design, and shall be shown on the pions. Any construction and non-structural BMPs requirements thot cannot be shown grophicolly must be either noted or stopled on the pions. 3) A water quality study will be required to demonstrote compliance with the requirements of the Notionol Pollutont Dischorge Eliminotion System (NPDES) Construction ond Municipol Permits, including Standord Urban Storm Woter Mifigation Plans (SUSMP) and Numeric Sizing Criteria requirements, with the first submittol of grading/improvements pions in occordance with the City's Storm Woter Management Standords Monual. 7-f{ 2- RDA Resolution No. - Page 8 4) Prior to approvol of ony building permit for the Project, the Applicant sholl provide evidence satisfoctory fo the Director of Planning and Building and the Director of Engineering demonstroting that the trash storage oreos of the project site have been designed fo meet the following requirements: a. Poved with on impervious surface, designed not to allow run-off from adjoining areas, screened or wolled to prevent offsite transport of trash; ond b. Provide attoched lids on 011 fresh contoiners thot exclude roin; or roof or owning to minimize direct precipitation. 5) The opplicont is required to complete opplicoble forms in the Development ond Redevelopment Storm Woter Management Requirements Monual, and comply with requirements of said Manual. 6) Water quality ond wotershed protection principles sholl be incorporated in the design of the project. Such measures sholl be designed to minimize discharge of pollutants into the storm droinoge systems. 7) The opplicont is required to comply with the Standard Urbon Storm Woter Mitigotion Plans (SUSMP) and Numeric Sizing Criterio of the NPDES Municipal Permit Order No. 2001-01. 8) A Hydrology study will be required with the first submittal of the Groding/lmprovement pions. Such study sholl demonstrate thot post- development flow rate for a given design storm does not exceed the pre- development flow rote at the outlet of the site. 9) Adjocent storm droin inlets sholl be protected ot 011 times during the demolition of existing buildings, ond construction of the new building ond improvements. 10) Project pions should show provisions for the installotion of 0 greose pre- treotment device (greose trop or interceptor) to treot runoff generated in the porking lot. Cc. This Special Use Permit will be subject to any and all new, modified, or deleted conditions imposed after approvol of this permit to advance a legitimate governmentol interest related to heolth, safety or welfare which the City sholl impose after advance written nofice fo the Permittee and after fhe City has given fo the Permittee the right to be heard with regard thereto. However, fhe City, in exercising this reserved/condition, may not impose 0 substantial expense or deprive Permittee of 0 substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 7-~3 RDA Resolution No. Page 9 IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and applicant shall execute this document by making a true copy of this Resolution and signing this original Resolution on the lines provided below, said execution indicoting that the property owner and opplicant have each read, understood and agreed to the conditions contained herein, ond will implement same. Upon execution, this document sholl be recorded with the County Recorder of the County of Son Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the City's Plonning and Building Department. Failure to return the signed true copy of this document within ten (10) days of recordation shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Representotive Date V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if ony of such conditions foil to be so implemented and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein gronted, deny, or further condition issuance of 011 future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Developer or a successor in interest gains no vested rights by the Agency's approval of this Resolution. VI. 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, ond condition herein stated; ond that in the event that anyone or more terms, provisions, or conditions are determined by 0 Court of competent jurisdiction to be involid, illegal, or unenforceoble, this resolution and the permit shall be deemed to be outomatically revoked ond of no further force ond effect ab initio. Presented by Approved as to form by D~ 7. H- Lourie A. Madigan Ann Moore Community Development Director Agency Attorney "7 - ð'4- ----- ' --- \ \ .------'---'. \ '.------ ~ ~\ '. þJ\~o~.-i~C,~S\ " '.--J~~--\ -- ~"_\ ---- - ' ----- ", ---- \' \, '. \ ' \- '- \~ \ ~c:." ',e>°'\ , , ,/,..~., , >--z.../,' '.-- ~"" '. / \" Costco Wal.Mort LOCATOR r-f?S::- EXHIBIT A EXHIBIT B 1158 ,ím I ~ W! ¡P -~~ð»~ III~I I 1 a::~ ¡;::¡ ::>~ "~I '"^'UYMCJYOIII","",,, : ~ f ~ ~~ :¡H! ¡ I~! 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