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Home My WebLink AboutRDA Packet 1998/10/06 Tuesday, October 6, 1998 Council Cbarobers 4:00 p.m. Public Services Building (llnmediately followIng the City Council meeting) Meetin. of the Redevelonment A.encv of the CitY of Chnla Vista CALL TO ORDER 1. ROU. CALL: Agency Members Moot -, Padilla_, Rindone -, Salas -, and Chair Horton- CONSENT ITEMS ( Items 2 through 4 ) (Will be voted on inunediately followIng the Council Coru;ent Calendor during the City Council meeting) The stoff recommendations regarding the following item listed under the Consent Calendar will be enacted by the Agency by one motion without discusswn unless an Agency member, a member of the public or City stoff requests that the item be pulled for discussion. lfyou wish to speak on one of these items, pleasefiU out a "Request to Speak Form" availoble in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulkdfrom the Consent Calendar wiU be discussed ofter Action Items. Items puUed by the public will be the first items of business. 2. RESOLUTION 1601 AMENDING THE TOWN CENTRE I FINE ARTS POLICY TO ADD CLARIFYING LANGUAGE AND TO PROVIDE A WIDER RANGE OF CULTURAL ART FORMS IN TIlE TOWN CENTRE I--When the Christmas holiday lights and displays on Candy Cane Lane were discontinued in 1997, Council directed sIa1I to explore the possibility of continuing the holiday lighting tradition on Third Avenue in the downtown area. In August 1998, the Agency/ Council approved a concept holiday lighting program. Prior to approval of funding from the Fine Arts Fund, it was recommended that the current Fine Arts Policy be amended to allow expenditure of funds from the Fine Arts Fund for the Downtown Holiday Lighting Program. SIa1I recommends approval of the resolution. (Community Development Director) 3. RESOLUTION 1602 APPROVING OWNER/TENANT PARTICIPATION AGREEMENT WITH FOSTER INVESTMENT CORPORATION AND BUDGET RENT A CAR SYSTEMS. INC. FOR THE DEVELOPMENT OF A TRUCK RENTAL AGENCY AT 690 L STREET LOCATED WITIIIN THE SOUTIIWEST REDEVELOPMENT PROJECT AREA--Budget Rent A Car is proposing to relocate and develop a truck rental agency consisting of a 1,668 sq. ft. building, a parking lot, and associated landscaped areas at 690 L Street. The site is owned by Foster Investment Corporation who will lease it to Budget Rent A Car Systems. Budget Rent A Car was a tenant of the Redevelopment Agency at 753 Broadway until the end of August 1998. Staff recommends approval of the resolution. (Conunuuity Development Director) - -- Agenda -2- October 6, 1998 4. RESOUYfION 1603 APPROVING OWNER/TENANT PARTICIPATION AGREEMENT WITII THE NAPASUCA TRUST AND ENTERPRISE RENT A CAR COMPANY FOR TIlE DEVELOPMENT OF AN AUTOMOBILE RENTAL AGENCY AT 1059 BROADWAY LOCATED WITIIIN THE SOUTIIWEST REDEVELOPMENT PROJECT AREA--Enterprise Rent A Car currently occupies a space at the shopping center located at the southeast corner of Broadway and Palomar. Enterprise wishes to move to a permanent location at 1059 Broadway located within the Southwest Redevelopment Project Area and expand its current operations to consist of a 1,940 sq. ft. building, a parking lot, and associated landscaped areas. The site is owned by the Napasuca Trust who will lease it to Enterprise. Staff recommends approval of the resolution subject to the conditions in Exhibit B of the agreement. (Community Development Director) ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those puUed by Agency Members. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency'sjurisdiction that is lJJlJ. 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 andfoUow up action. OTHER BUSINESS 5. DmECTOR REPORTIS) 6. CHAm REPORTIS) 7. AGENCY MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to the Regular Redevelopment Agency Meeting on October 20, 1998 at 4:00 p.m., innnediately following the City Council meeting, in the City Council Chambers. T IT REDEVELOPMENT AGENCY AGENDA STATEMENT Item é).... Meeting Date 10-06-98 ITEM TITLE: RESOLUTION I~OI AMENOING THE TOWN CENTRE I FINE ARTS POLlCY TO ADD CLARIFYING LANGUAGE AND TO PRDVIDE A WIDER RANGE DF CULTURAL ART FORMS IN THE TOWN CENTRE I SUBMITTED BY: Community Development Director ~ 5, REVIEWED BY: Executive Directur:I1<. '{r @L (4/5ths Vote: Yes- NOl) BACKGROUND: When the Christmas holiday lights and displays on Candy Cane Lane were discontinued in 1997, the City Council directed City staff to explore the possibility of continuing the holiday lighting tradition on Third Avenue in the Downtown. A concept holiday lighting program was developed, submitted to the City Council and Redevelopment Agency for consideration, and approved in August 1998. Prior to approval of funding from the Fine Arts Fund, the City Attorney's office recommended that the current Fine Arts Policy be amended to allow expenditure of funds from the Fine Arts Fund for the Downtown Holiday Lighting Program. The proposed amendment to the Fine Arts Policy is attached as Exhibit A to the resolution and is submitted for Agency consideration. The amendment is exempt from the environmental review requirements of the California Environmental Quality Act (CEnA), in accordance with section 15061 (b)(3) of the CEnA Guidelines. Subsequent activities carried out under the policy would need to be reviewed to determine the applicability of CEnA to the individual actions. Currently, the Design Review Committee reviews works of art proposed by private developers in the Town Centre I and reviews proposed amendments to the Town Centre I Fine Arts Policy prior to consideration by the Redevelopment Agency. The Town Centre Project Area Committee and the Design Review Committee reviewed the proposed amendment and their actions are recorded in this report. RECOMMENDATION: That the Redevelopment Agency approve a resolution amending the Fine Arts Policy for Town Centre I to add clarifying language and to provide a wider range of cultural art forms in the Town Centre I. BOARDS/COMMISSIONS RECOMMENDATION: On September 9, 1998, the Town Centre Project Area Committee voted unanimously to recommend that the Design Review Committee and the Redevelopment Agency approve the proposed amendment to the Town Centre Fine Arts Policy as submitted by staff. ¿¿ - I -. - -- Page 2. Item ¿;¡. Meeting Date 10-06-98 On September 21, 199B, the proposed amendment to the Town Centre I Fine Arts Policy was submitted to the Design Review Committee. A vote was taken on the item, however there was no majority; therefore, no formal recommendation resulted. The vote was 2-1 not to recommend the amendment. (Two of the three members indicated that they were in favor of the holiday lighting program, but, they felt the fine arts money should be used for actual art pieces.) DISCUSSION: The Town Centre I Redevelopment Project Area was established in 1976 and the associated Redevelopment Plan provided the establishment of a Design Review Board and the development of a design manual to include, among other items, fine arts criteria for the Town Centre I Project Area. The Design Manual was prepared and fine arts criteria and requirements were established in 1977. (Excerpt from Design Manual attached as Exhibit B.) Subsequently, the Town Centre Design Review Board approved a Fine Arts Policy to facilitate the implementation of the special fine arts criteria and requirements and to provide guidance for the administration of the works of art and funds collected in the Town Centre I. The proposed amendment to the Town Centre I Fine Arts Policy entails added language to clarify the intent of the fine arts requirement for commercial and larger multi-family developer's contributions and to allow the Redevelopment Agency to include a wider range of cultural art forms within the Town Centre I. The most substantial change the policy is in Section 1 of the policy statements. The new language restates the intention of the fine arts policy. It also will allow the Redevelopment Agency the flexibility to consider a variety of cultural forms such as performance art, folk art, and other types of artistic expression relating to culture and tradition such as the holiday lighting program proposed for the Downtown. In addition, throughout the policy, references to the Town Centre Design Review "Board" have been changed to the current Design Review "Committee" for consistency. (The original Town Centre Design Review Board was merged with the current Design Review Committee.) Also, fiscal review of the Fine Arts Fund has been modified to reflect the current procedure whereby the Redevelopment Agency reviews the Fine Arts Fund in conjunction with the annual Redevelopment budget. (The Downtown Holiday lighting program is currently being developed, including an electrical plan, lighting and display design, and coordination with the Downtown Business Association activities. It is anticipated that proposals for lighting designs will be received by mid-October and submitted to the Agency for consideration by November 10. If the design is approved, installation will be planned for December 7 to "light the lights" during a public ceremony later that week.) FISCAL IMPACT: The proposed amendment will not have any direct fiscal impact on Redevelopment Agency funds. The proposed amendment entails clarifying language and provisions for the expenditure of funds contributed to the Fine Arts Fund. The current fund balance is $241,532. (pbl H:\HOMBCOMMOEVISTAFf.REP\10.21.98\finarts.113 (September 30. 1998 14:54pml] cJ-cJ.. RESOLUTION NO. ~ { RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE TOWN CENTRE I FINE ARTS POLICY TO ADD CLARIFYING LANGUAGE AND TO PROVIDE A WIDER RANGE OF CULTURAL ART FORMS IN TOWN CENTRE I WHEREAS, the City Council and Redevelopment Agency directed City staff to explore the possibility of continuing the holiday lighting tradition on Third Avenue in the Downtown when the Christmas holiday lights and displays on Candy Cane Lane were discontinued in 1997; and WHEREAS, a concept holiday lighting program was developed, submitted to the City Council and Redevelopment Agency for consideration, and approved in August 1 998 with the Fine Arts Fund recommended as a funding source; and WHEREAS, the City Attorney recommended that the current Fine Arts Policy be amended to allow expenditure of funds from the Fine Arts Fund for the Downtown Holiday Lighting Program prior to approval of funding from the Fine Arts Fund; and WHEREAS, the Redevelopment Agency has considered an amendment to the Fine Arts Policy to clarify policy language and to provide a wider range of cultural art forms in the Town Centre I attached hereto as Exhibit A; and WHEREAS, the amendment would not result in significant environmental impacts and is therefore exempt from CEQA under section 15061 (b)(3) of the CEQA Guidelines, NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista does hereby approve the amendment to the Fine Arts Policy for Town Centre I to add clarfying language and to provide a wider range of cultural art forms in the Town Centre I as set forth in Exhibit A. Presented by Approved as to form by ~~~ Chris Salomone Director of Community Development IIpbl H,\HOMElCOMMDEV\RESOS"'n..rt.'" (S.ptomb.. 30. 1998 (4,49pmll c2 -3 t CITY OF CHULA VISTA EXHIBIT A TO'1'JN CENTRE DESIGN REVIEW Ø~MM'.E;i BOJ'..RD POLICY SPECIAL FINE ARTS CRITERIA AND REQUIREMENTS PURPOSE To facilitate the implementation of the Special Fine Arts Criteria and Requirements of the Town Centre Desi n Manual ~ BACKGROUND The purpose of the Town Centre Project is to improve the town scape and revitalize business in the downtown area. In furtherance of this goal, the Design Manual authorizes the ¡PPmm!!t\.%1î ßaafG to require each developer of a "major" project to expend one percent (1) of the totäl project cost for the acquisition of works of fine art for their own individual projects, or to participate in a joint program for the acquisition of works of fine art for common areas. It has been found during the redevelopment process that the most appropriate and effective means of implementing the Special Fine Arts Criteria and Requirements is dependent to a large degree upon the type of project under consideration. This being the case, it is desirable to establish guidelines to benefit developers in interpreting these criteria and requirements as they relate to a particular project. POLICY Therefore, it is the policy of the Te"'R CeRtre Design Review ßaafG that: 1. New commercial developments and larger multi-family projects provide the for the imaginative use of works of fine art. In these cases, fine arts are JimiteG.-te exterior wor 2. Commercial remodels and/or expansions very often do not have the requisite space or valuation to support a work of fine art of professional quality and significance. In these cases, the RPmmj!AA!~ ßaafG may allow signage or graphics of undisputed aesthetic quality to meet in whole or in part, the one percent (1%) requirement. 3 Small multi-family projects and dwelling groups generally provide the least opportunity for the imaginative use of works of fine art. In these cases, the Q!'1"!!îm!~~~ ßaafG will most often require a one percent (1 %) contribution for the acquisition of works of fine art for common areas within the Project Area. 4. In all cases, the R9mm!~~!'! ßaafG shall base its decisions on a proposed work of fine art upon the Special Fine Arts Criteria of the Town Centre Design Manual. Appeals from the decisions of the Design Review !iì§!!îm!!!!ffi ßaafG may be submitted to the Redevelopment Agency. 5. Semi-a- ~nnuallyq¡:¡riî'íQÞ¡:¡9QIî~~~~!p!î~, theR!'!f!~!1~!!îiîim!i!î'í~~Qlîñ9Y CeFRA'liltee will receive an accounting of the Project Area Fine Arts Fund for possible acquisition and installation of works of fine art for common areas. Policy Number 3 Page 1 of 1 H:IHomelComm DevlBuchanIMas!ers IF inearts. pol) ~ -'-I - -- B. Fine Arts Criteria EXHIBIT B Introduction The use of fine arts can substantially improve the aesthetic quaiity of the urban scene, and add a dimension of culture thereto. Fine arts can provide a city grace and sophistication, as well as a sense of history and importance. Fine arts have been an essential ingredient of urbanity throughout the history of Western Civilization. For the purposes of the Manual, the fine arts are limited to exterior works, and include sculpture, statuary, fountains, murals, bas-relief, monuments, stained glass, and wood carvings. . . ./ ' I I .11 Ii II] . . . . . i._,n. I . EOS L I M'1-ì .~. 1-- . ~-~ , 24 Special Fine Arts Criteria and Requirements I. The Redevelopment Agency should devote a minimum of 1% of its cost of redeveloping the Town Centre Project Area to the procurement and installation of works of fine art. These works, at the discretion of the Agen~y, may be located on any public site, or with the requisite permission, any pri~ate site within the Project Area. 2. Each private developer of a project within the Project Area should devote a minimum of 1% of the total cost of the said project to the procurement and in- stallation of works of fine art. For the purposes of this requirement, a project is defined as a new building, or a substantially remodeled building where $20,000 or more of remodeling work is undertaken. I~ . [)¡:i1 l 1 J 3. The Design Review Board, at its discretion, may permit private developers to acquire works of fine art for their individual projects, or to participate in a joint program for the acquisition of works of fine art for common areas, such as enclosures and arcades. Appeals from the decisions of the Design Review Board may be submitted to the Redevelopment Agency. ~-(p 25 - 4. No works of fine art should be located on the exterior premises of build- ings, in common areas, or in the public areas of the Project Area without the ap- proval of the Design Review Board, or upon appeal, the Redevelopment Agency. The Board shall base its decisions on a proposed work of art upon the}ollowing criteria. a. Professional quality of the work of fine art. b. Compatibility of the work to adjacent uses and the Project Area. c. Scale of the work. d. Cultural significance and educative value of the work. e. Compatibility of the work with the aesthetic or moral values of the people of the City of Chula Vista. f. Compatibility of the work of art with adjacent landscaping and street . furniture. 5. Works of art which depict lewdness, cruelty, or the debasement of the . human spirit shall not be permitted in the Project Area. c2-] 26 - . -- REDEVELOPMENT AGENCY AGENDA STATEMENT ItemL Meeting Date 10106198 ITEM TITLE: RESOLUTION /60,;}... APPROVING OWNER/TENANT PARTICIPATION AGREEMENT WITH FOSTER INVESTMENT CORPORATION AND BUDGET RENT A CAR SYSTEMS, INC FOR THE DEVELOPMENT OF A TRUCK RENTAL AGENCY AT 690 L STREET LOCATED WITHIN THE SOUTHWEST REDEVElOPMENT PROJECT AREA SUBMITTED BY: Community Development Director r; ~ . REVIEWED BY: """'"' D"""1J¡<.. ÞOt¡ ~ (4/5ths Vote: Yes- Noll! BACKGRDUND: Budget Rent A Car is proposing to develop a truck rental agency consisting of a 1,668 square foot building, a parking lot, and associated landscaped areas at 690 L Street located within the Southwest Redevelopment Project Area. The subject site is owned by Foster Investment Corporation who will lease it to Budget Rent A Car Systems for the development of the proposed project. Budget Rent A Car was located until the end of August 1998 at 753 Broadway (which was sold by the Redevelopment Agency in August 1996 for the development of the new Humphrey Mortuary). The company wishes to relocate and expand in Chula Vista at the L Street site. This is the former site of the Chula Vista Swap Meet. The proposed land use (truck rental) is allowed at the proposed site under the General Plan, Montgomery Specific Plan, Southwest Redevelopment Plan and Zoning Ordinance. The City's Environmental Review Coordinator reviewed the project and determined that it is Class 3c Categorical Exception pursuant to the provisions of the California Environmental Quality Act. Since the project is within the Southwest Redevelopment Project Area, the Owner/T enant Participation Agreement (which includes the design plans and conditions of approval) is being presented to the Redevelopment Agency for its consideration. RECOMMENDATION: It is recommended that the Redevelopment Agency adopt the resolution approving the Owner/Tenant Participation Agreement for the development of a truck rental agency at 690 L Street, subject to the conditions in Exhibit B of the agreement (Minutes attached). BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee reviewed the project plans on August 31 and September 21, 1998 and recommended approval of the project as described in Exhibit A and subject to conditions listed in Exhibit B of the Owner/Tenant Participation Agreement. ...3-( - Page 2. Item ..J. Meeting Date 10106/98 DISCUSSION: Site Characteristics The site for the proposed project is located on the south side of l Street adjacent to the San Diego Trolley tracks and east of Industrial Boulevard (see locator Map attached). The site will have access from l Street via a driveway to be used by Solar Turbines to be located in the building to the southeast. The entrance to the subject site will be on the east side of the parcel, approximately 30 feet south from l Street. The 39,96D.square foot site is presently vacant and was last occupied by a swap meet. It has a large concrete slab which will be removed to allow for the construction of the project. Project Prooosal The proposal involves the following: removal of the existing concrete slab; minor grading of the site; construction of a 1 ,668.square foot office building and a manual car wash pad; construction of a 56-space parking lot and a trash enclosure; and construction of the associated landscaped areas around the parking lot and building. The project also includes the installation of wrought iron security fence and gates. land Use Desiynations Existino Uses General Plan Zoning Designations Subject Site Vacant lot limo Manufactg. limo Ind. - P North Parcel Apt. Complex Med./High Res. R3 South Parcel Solar Turbines limo Manufactg. limo Ind. - P East Parcel Vacant lot limo Manufactg. limo Ind. - P West Parcel Trolley Tracks limo Manufactg. lim.lnd. - P land Use Comoatibilitv As shown in the previous table, the subject property has General Plan, Montgomery Specific Plan, and Zoning designations for limited Manufacturing and limited Industrial uses, which allow the construction of truck rental agencies such as the one being proposed. Thus, the project is consistent with the General Plan, the Montgomery Specific Plan, the Southwest Redevelopment Plan, and the Zoning Ordinance. 3-d- Page 3. Item .3 Meeting Date 10106/98 Architecture The design consists of a industrial building style with Dutch seam metal roof and stucco exterior. The building will be complemented with concrete columns at the north elevation, which is the main entrance to the building. Concrete planters approximately 18 inches high and clear store windows will be provided around the north, east and west elevations. The roof and the fascia around the building will incorporate the blue and orange corporate colors. The building will be painted with a warm light color, which will provide a contrasting effect with the roof and the fascia. fark.ing The proposed project includes the construction of a parking lot with a total of 56 parking spaces; the Zoning Ordinance requires only 9 parking spaces for the project. The applicant is proving a much larger parking lot in order to provide adequate parking for the rental vehicles. Six parking spaces, including two handicapped, will be provided in the area to the north of the proposed building. These will be the primary customer parking spaces. The remaining parking spaces will be distributed throughout the periphery and at the center of the site. Landscaping The landscape plan shows a significant amount of well.balanced landscape material. It provides for the planting of a variety of trees, shrubs, vines and ground covers throughout the periphery of the site. The landscaping along the east and south sides of the site will be done as part of the improvement of the access road and parcel to the south to be used by Solar Turbines. The landscaping to be provided along the westerly edge of the subject site will be done in conformance with the Trolley Right-of-Way Beautification Plan. Based on the assessment of the City's Landscape Architect. the proposed landscape plan is adequate and in compliance with the requirements of the City's Landscape Manual. Fencino and Screening The site currently has a chain link fence on the west, south, and east sides and a wrought iron fence with brick pilasters on the north side. The applicant will replace the chain link fence and install the wrought iron and pilasters throughout the site. The trash enclosure, located at the southeast corner of the site, will be screened with landscaping material. The landscaping to be provided, especially the trees and shrubs, will not only be used to beautify the site but it will also serve to screen the view of parked trucks from L Street and the Trolley line. Form of Agreement The Owner Tenant Participation Agreement is prepared on the Agency's standard form. It includes Developer's obligations to construct the project as proposed, to maintain the project in "First Class" condition, to indemnify the City/Agency against liabilities, and not to discriminate. .;3-3 Page 4, Item .3- Meeting Date 10106/98 ~ It is staff's opinion that the construction of the project will represent an additional positive improvement to this area, especially since it is one of the entrances to the city from 1.5 and is located next to the Trolley line. In addition to the retention and expansion of a viable business in the city, the development of the project will contribute to the elimination of blighting influences by providing a new building and putting a vacant parcel to a higher and better use, which furthers the goals and objectives of the Southwest Redevelopment Plan. FISCAL IMPACT: The proposed project will generate an annual tax. increment revenue of approximately $9,000, of which $5,400 will be allocated to the Southwest Redevelopment Project Area fund. [The remaining $3,600 will be distributed among the other taxing entities, (County of San Diego and various School Districts) pursuant to the tax sharing arrangement agreed to as part of the establishment of the Southwest Redevelopment Project Area.] In addition, the continued and expanded operation of the truck rental facility will continue to generate approximately $24,DDD per year in sales tax revenue for the City's General Fund. Attachment A. DRC Minutes of August 31 and September 21, 199B Attachment B - Dwner/Tenant Participation Agreement with the following: locator Map Exhibit A - Design Plans Exhibit B . Design Review and Agency Conditions of Approval IMZTI H,IHOMEICOMMOEVISTAFF.REPI10.06.98IBUDGET.RPT [September 30. 199814,Z3pmll ..3-~ - .. RESOLUTION~ .;L RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING OWNER/TENANT PARTICIPATION AGREEMENT WITH FOSTER DEVElOPMENT CORPORATION AND BUDGET RENT A CAR SYSTEMS, INC. FOR THE DEVElOPMENT OF A TRUCK RENTAL AGENCY AT 690 L STREET LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT AREA WHEREAS, Foster Investment Corporatioo is the owner of the property located at 690 L Street, which is the subject matter of this resolution and which is depicted in Locator Map attached and by this referenco made a part hereof; and, WHEREAS, Bu~ot Rent A Car Systems, Inc. has ontored into an agroament with Fostor Invostment Corporation to lease said property and devolop a truck relltal agency; and, WHEREAS, Budgot Ront A Car Systoms has prosonted developmont plans lor tho development of tho truck rontal agoncy ("Project"); and WHEREAS, the sito lor the proposod Projoct is locatod within tho Southwost Redevolopment Projoct Aroa undor tho jurisdiction and control of tho Chula Vista Rodovolopmont Agoncy; and, WHEREAS, tho Envirollmental Reviow Coordinator reviowod tho proposed Project and detennined that tho project is oxompt Irom onvironmontal roview as a Class 3c examption in accordanco with CEnA; and, WHEREAS, tho Oosigll Roviow Cornnittee reviewod and recol1111endod that tho Redevelopment Agency approvo tho proposod Projoct subjoct to tho conditions listed in Exhibit B of tho OwnorlT onant Participation Agroomont; and, WHEREAS, tho RodovolOXTlBtTt AgBllcy 01 tho City 01 Chula Vista has boon prosontod an Ownor/T onant Participation AgroBt11Bnt, said agroomont boing on lilo in tho Office of tho Socrotary to tho Rodovolopmont Agoncy and known as documont RACO 98-07, approvilY, tho dovolopmont of a truck rontal agency located at 690 L Stroot, dopicted in Exhibit A and subjoct to conditiolls listed in Exhibits Band C of said agreament. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA doe. hereby find, order, determine end re.olve e. follow.: I. The proposed project is catogorically oxompt from onviromnontal review as a Class 3c oxomption in accordance with CEOA. 2. Tho proposod projoct is consistont with the Southwost Rodovolopmont Plan alld shall imploment the purposo thoreof by providilY, a new building, parking lot, and landscapod areas and by putting a vacant parcel to a higher and better use. 3. The RedaveloJTlBnt Agency of the City of Chula Vista hereby approves the OwnerlT enant Participation Agreement with Foster Investment Corporation and Budget Ront A Car Systems for the dovolopmont 01 a truck rontal agency at 690 L Stroet, in substantially tho lonn prosontod. 4. The Chairmall of the Rodovelopmont Agellcy is horoby authorizod to oxecute the subjoct Ownor/Tonant Participation AgreBt11Bnt botwoen tho Rodovelo¡rnant Agoncy and Fostor Invostment Corporation and Budget Rent A Car Systems in a linal lorm approvod by the Agoncy Attornoy. 5. Tho Socrotary 01 tho RodovoloJTlBnt Agoncy is authorizod and dirocted to rocord said Owner/T enant Participation Agroomont in tho Offico of the County Recorder of San Oiego, California. J-S- - . Resolution - Page 2 Presented by: Approved as to form by: ~A'~ Chris Salomolle Convnunity Development Director ,3-(, DRAFT ATTACHMENT A Design Review Committee Minutes - 2 - August 31, 1998 B. INTRODUCTORY REMARKS Member Aguilar made an opening statement explaining the design review process and the Committee's responsibilities. She asked that all speakers sign in and identify themselves verbally for the tape. C. APPROVAL OF MINUTES: June 15 and July 27, 1998 The minutes for the meetings of June 15 and July 27, 1998 were continued to the next scheduled meeting due to lack of quorum for approval. D. ORAL COMMUNICATIONS: None. E. DECISION ITEMS: 1. DRC-99-01 Budget Rent-A-Car 690 'L' Street Car rental facility Staff Presentation Acting Senior Planner Martin Miller indicated that the project is located at the southeast quadrant of 'L' Street and the trolley line. DRC saw this on a preliminary review a couple weeks ago. One of the primary changes that has been made since that time is the entrance. In the Conditions of Approval there was a provision for a new entry off an easement for a land use that is proposed to the rear. The applicant has obtained that easement. Today, staff received a revised site plan showing that new access. Additional parking will be put in and landscaping to match what is proposed. One of the comments and concerns of the Committee previously was the chain link fencing along the western property line. There is a condition that this be replaced with some form of tubular metal fencing that would be satisfactory to the Committee. We are conditioning the landscape plan to match the plant pallet that should be in conformity with the MTDB study that is presently underway. The applicant submitted a lighting plan today for staff's review. A previous concern of the DRC was the original design with a tile roof with a somewhat residential look. Mr. Miller displayed a new design with a metal roof, an entry with columns and more articulation on the side elevations. Another concern was the signage. A new detail of that is in your packet. Staff previously suggested that the pole sign and directional sign be replaced by one monument sign. DRAFT .3-1 _. 0- DR AFT Design Review Committee Minutes - 3 - August 31, 1998 Member Araiza indicated that the Committee did not receive a set of drawings of the latest floor plan or the new elevations. Mr. Miller apologized for that. Member Araiza asked for a materials board. Mr. Miller indicated that the only materials board staff had was from the previous concept. Applicant Presentation Mr. Joe Henderson (Franklin Design Group, 6200 San Miguel Road, Bonita, CA 91902) indicated that staff has approved the building as it stands. The only question is the chain link fence along the western property line and the signage. The main reason for using chain link fence is because we wanted to use Bougainvillea as a security feature. A materials board had been submitted, but he did not know what happened to it. Vice-Chair Spethman indicated that, at the last presentation, DRC had serious concerns regarding the landscaping around the perimeter. We still do not have a detailed landscape plan. We also had concerns regarding the lighting plan. We needed and requested a materials board. This colored elevation does not tell us, other than the roof, what color that building is going to be. Your proposal is for a wrought iron solution around the perimeter with reverse pickets on it. Staff is recommending a tubular-type of fence solution. We do not have any kind of signage package. We are talking about a monument sign at the front of the property, but we do not have any elevations or design for that. !, personally, cannot approve this project right now. We are not getting anything that we previously requested. Mr. TJ. Johnston (Promotional Signs, 20361 Hermana Circle, Lake Forest, CA 92630) indicated that he did not see the staff report until late that day, so he was not privy to the comment with regards to deleting the pylon sign and directional sign. He stated that their free standing pylon sign is 5 feet under the allowable. There are several obstructions at this location that would block the visibility of a monument sign. Budget would not have a problem reducing the directional signs down to 10 sq. ft., but they need to be adamant in requesting the Committee's approval on the pole sign. Committee Discussion/Comments Member Aguilar indicated that progress has been made in the architectural concept, but he could not give final approval to the project without seeing the materials and color pallets and without the sign issue being resolved. She realizes there is a lot of visual clutter in that area, but she could not approve a pole sign of ..3-<6 DRAfT - DRAFT Design Review Committee Minutes - 4 - August 31, 1998 that scale. Perhaps there is come compromise between the pole sign and what staff is suggesting. Since the applicant did not see the City's report until late this afternoon, some communication between them and the City needs to take place to try to see if that can be worked out. Member Araiza stated that it was difficult to evaluate if we do not have the information. He agreed with staff regarding integrating a monument sign with a directional sign and not having two signs in front. Member Morlon concurred with the rest of the members. MSC (Spethman/Morlon) [4-0-0-1] to continue DRC-99-01 with the following recommendations: The DRC needs to see a detailed lighting plan, a materials board to include color and material pallet, a detailed landscape plan to show size and species of plant material, a fencing plan and a hardscape plan. 2. DRC-99-05 Enterprise Rent-A-Car 1059 Broadway Car rental facility Staff Presentation Associate Planner Jeff Steichen stated that the project site is located on the east side of Broadway between Moss and Naples and is accessed by a joint use driveway which also serves the apartment complex and single-family homes east of the site as well as the commercial center located north of the site. The applicant is proposing six customer parking spaces which will take access directly off the road easement. Another 41 parking spaces within the wrought iron gated/fenced area of the site will be used for the storage of rental vehicles. Because there is a difference of zoning between the proposed commercial project and the apartments directly to the east, the applicant is being required to change the existing fence along the east property and make this a masonry zoning wall. The main concern staff has is with the signage. Mr. Steichen described the proposed illuminated signage band on the north and west elevation of the fascia. Staff recommends that the illuminated band not be allowed as it exceeds the allowable 50% maximum background area allowed for sign copy. The applicant is also proposing a 35-foot high by 25-foot wide pole sign. While this does comply with the interpretation of the Zoning Ordinance, it does not comply with the Design Review Manual which recommends more of a monument type of sign. The Montgomery Specific Plan has an additional restriction which says that the total signage for the project shall not exceed 1 sq. ft. per lineal foot of frontage. This sign would exceed that. Staff 3- c¡ DRAfT T n Design Review Committee 2 September 21, 1998 EXCERPT FROM THE MINUTES OF A REGULAR MEETING OF DESIGN REVIEW 9/21/98 1. DRC-99-01 Budget Rent A Car DR4f:'r 690 L Street Car Rental Facilitv STAFF PRESENTATION Principal Planner, Mr. Rick Rosaler, reviewed the history of the project, and the items of concerns expressed by the Committee members at the project's preliminary and previous presentations. He stated that the City's Landscape Planner finds the proposed landscaping for the project consistent with City requirements. Mr. Rosaler pointed out the changes to the proposal and stated that staff feels the applicant has/or will address the issues outlined in the staff report. APPLICANT'S PRESENTATION Mr. Joe Henderson, with Franklin Design, stated that he had no concerns with staff's recommendations. He continued his presentation reviewing fencing/wall materials, roofing color and materials, and the proposed landscaping. COMMITTEE DISCUSSION/CONCERNS Member Araiza stated that he fell that the drawings being presented were definitely an improvement from the previous, but still has concerns with the following: 1) the use of slump block for the building wall; 2) the side and rear elevations - would like to see the column theme carried around the building; 3) the building color - doesn't like the white; and 4) the monument sign - he feels it's too large and should be more in character with the building. Mr. TJ Johnstone, with Promotional Signs, reviewed the sign proposal. Members Aguilar and Spethman concurred with Araiza about the building colors. Member Spethman also expressed some concern with the monument sign. Discussion regarding the elevations followed. It was determined that the Committee would accept wrapping the planter around the building to break up the side and rear elevations. 3- (0 Design Review Committee 3 September 21, 1998 MSC (SpethmanJAguilar) (3-0-2) to approve DRC-99-01 subject to the recommendations listed in the staff report with the following changes and/or additions: Conds. 1-4 as is; Condo 5 to include that the monument sign height and dimensions be reworked and brought back to the Committee for review and approval; Conds. 6-9 as is; added Condo 10 to include - screen all roof-mounted equipment from view; added Condo 11 to include - a different masonry solution to the building other than slump block should be considered, and brought back to the Committee for DRC approval; added Condo 12 10 include - planter solution to be carried around the building at the northeast corner and along the easterly elevation, and be approved by Zoning Administrator; added Condo 13 to address the building color - a more subdued warm color, needs DRC approval; added Condo 14 - to comply with the Engineering Depts. memorandum dated 7/28/98 attached to the staff report. .3 -II T ¡¡ ATTACHMENT B Recording Requested By: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue ChulaVista,CA 91910 When Recorded Mail To: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista. CA 91910 Attn: Yolanda Garcia (S ace Above Th/s LIne For Recorder) APN: 618.010-24 OWNER/TENANT PARTICIPATION AGREEMENT [690 L Street] Foster Investment Corporation. Landlord and Budoet Rent A Car Svstems Inc. Tenant THIS AGREEMENT is entered into by the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body corporate and politic (hereinafter referred to as "AGENCY"I, and Foster Investment Corp., a California Corporation and Budget Rent A Car Systems, Inc. a Delaware corporation (hereinafter referred to collectively as "DEVELDPER" effective as of October 6, 199B. WHEREAS, Foster Investment Corporation owns the property at 690 L Street; and WHEREAS, Budget Relit A Car Systems, Inc. has entered into a lease agreement with Foster Investment Corporation for the use of said property; and WHEREAS, the DEVELOPER desires to develop said property located within the SOUTHWEST REDEVELOPMENT PROJECT AREA which is subject to the jurisdiction and control of the AGENCY; and, WHEREAS, the DEVELOPER has presented plans to the Design Review Committee for the Development of an automobile rental agency ithe "Project"); alld, WHEREAS, said plans for development have been recommended for approval by said committee; and, WHEREAS, the AGENCY has considered the Design Review Committee's recommendation and has approved the Project and design plans subject to certain terms and conditions; and, WHEREAS, the AGENCY desires that said Project be implemented and completed as soon as it is practicable in accordance with the terms of this Agreement. NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows: The foregoing recitals are incorporated into this Agreement. 1. The property to be developed is described as Assessor's Parcel Numbers 61 B-010-24 located at 690 L Street, Chula Vista, CA., shown on locator map attached hereto and by this reference incorporated herein ("Property"). 2. The DEVELOPER covellants and agrees by and for himself, his heirs, executors, administrators and assigns and all persons claiming under or through them the following: A. DEVELOPER shall develop the property in accordance with the AGENCY approved development proposal attached hereto as Exhibit "A", which is on file with the AGENCY Secretary, as Document No. RACa-9B.OJ. 1 ..3 -(d-. - u B. DEVElOPER shall obtain all necessary federal/state and local governmental permits and approvals and abide by all applicable federal, state and local laws, regulations, policies and approvals. DEVElOPER further agrees that this Agreement is contingent upon DEVElOPER securing said permits and approvals. DEVElOPER shall pay all applicable development impact and processillg fees. C. DEVElOPER shall obtain building permits within one year from the date of this Agreement and shall actually develop the Property into the Project withill one year from the date of issuance of the building permits. In the event DEVElOPER fails to meet these deadlines, approval of DEVELOPER's development proposals shall be void and this Agreement shall have no further force or effect. O. In all deeds granting or conveying an interest in the Property, the following language shall appear: "The grantee herein covenants by and for himselt his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation ot any person or group of persons on account of race, color, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee himself or any persons claiming under or through him establish or permit any such practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenant lessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. " E. In all leases demising an interest in all or any part of the Property, the following language shall appear: "The lessee herein covenants by and for himselt his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation ot any person or group of persons, on account of race, color, creed, national origin, or ancestry, in the leasing, subleasing, transferring use, occupancy, tenure, or enjoyment of the premises herein leased, nor shall the lessee himself or any persons claiming under or through him, establish or permit any such practices of discrimination or segregation with reference to the selection, location, number or use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees In the premises herein leased. " 3. The Property shall be developed subject to the conditions imposed by the Design Review Committee and the AGENCY as described in Exhibit "B" attached hereto and incorporated herein by this reference. DEVElOPER acknowledges the validity of and agrees to accept such conditions. 4. DEVElOPER shall maintain the premises in FIRST CLASS CONDITION. A. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughout the term of this Agreement. DEVElOPER shall, at DEVElOPER's sole cost and expense, maintain the Property which includes all improvements thereon in first class condition and repair, and in accordance with all applicable laws, permits, licenses and other governmental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued or promulgated by federal, state, county, municipal, and other governmental agencies, bodies and courts having or claiming jurisdiction and all their respective departments, bureaus, and officials. If the DEVElOPER fails to maintain the Property in a "first class condition", the Redevelopment Agency of the City of Chula Vista or its agents shall have the right to go on the Property and perform the necessary maintenance and the cost of said maintenance shall become a lien against the Property. The Agency shall have the right to enforce this lien either by foreclosing on the Property or by forwarding the amount to be collected to the Tax Assessor who shall make it part of the tax bill. B. DEVELOPER shall promptly and diligently repair, restore, alter, add to, remove, and replace, as required, the Property and all improvements to maintain or comply as above, or to remedy all damage to or destruction of all or any part of the improvements. Any repair, restoration, alteration, addition, removal, maintenance, replacement and other act of compliance under this Paragraph (hereafter collectively referred to as "Restoration") shall be completed by DEVElOPER whether or not funds are available from insurance proceeds or subtenant contributions. The Restoration shall satisfy the requirements of any 2 3 - (3 sublease then in effect for the Property or improvements with respect thereto or, if no sublease is then in effect, shall be repaired or restored in the building standard shell condition existing immediately prior to the date of such damage or destruction. C. In order to enforce all above maintenance provisions, the parties agree that the Community Development Director is empowered to make reasonable determinations as to whether the Property is in a first class condition. If he determines it is not, he (I) will notify the DEVelOPER in writing and (2) extend a reasonable time to cure, If a cure or substantial progress to cure has not been made within that time, the Director is authorized to effectuate the cure by City forces or otherwise, the cost of which will be promptly reimbursed by the DEVELOPER. In the event that there is a dispute over whether the Property is in a first class condition or over the amount of work and expense authorized by the Director to cure, the parties agree that the City Manager or his designee, shall resolve that dispute; provided however, DEVELOPER shall have the right to appeal this decision to the AGENCY BOARD by making a written request therefor within ten (101 days of being informed of such decision. All City action to cure shall be suspended pending the outcome of the appeal. In the event that the Director decides without dispute, or the City Manager decides in dispute, that the City has to cure and the amount of cure, then DEVELOPER has to reimburse the City within thirty (30) days of demand, If not reimbursed, it constitutes a lien and City is authorized to record said liell with the County Recorder, upon the Property. D, FIRST CLASS CONDITION DEFINED. First class condition and repair, means Restoration which is necessary to keep the Property an efficient and attractive condition, at least substantially equal in quality to the condition which exists when the Project has been completed in accordance with all applicable laws and conditions. 5 AGENCY and DEVelOPER agree that the covenants of the DEVelOPER expressed herein shall run with the land. DEVelOPER shall have the right, without prior approval of AGENCY, to assign its rights and delegate its duties under this Agreement 6. AGENCY and DEVelOPER agree that the covenants of the DEVelOPER expressed herein are for the express benefit of the AGENCY and for all owners of real property within the boundaries of the SOUTHWEST REDEVelOPMENT PROJECT AREA as the same now exists or may be hereafter amended, AGENCY and DEVelOPER agree that the provisions of this Agreement may be specifically enforced in any court of competent jurisdiction by the AGENCY on its own behalf or on behalf of any owner of real property within the boundaries of the SOUTHWEST REDEVelOPMENT PROJECT AREA. 7. AGENCY and DEVelOPER agree that this Agreement may be recorded by the AGENCY ill the Office of the County Recorder of San Diego County, California. 8. DEVelOPER shall and does hereby agree to indemnify, protect, defend and hold harmless AGENCY and the City of Chula Vista, and their respective Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and reasonable attorneys' fees (collectively, "liabilities") incurred by the AGENCY arising, directly or indirectly, from lal AGENCY's approval of this Agreement, {bl AGENCY's or City's approval or issuance of any other permit or action, whether discretionary or non.discretionary, in connection with the Project contemplated herein, and DEVelOPER's construction and operation of the Project permitted hereby. 9. In the event of any dispute between the parties with respect to the obligations under this AGREEMENT that results in litigatioll, the prevailing party shall be entitled to recover its reasollable attorney's fees and court costs from the non.prevailing party. 10. This Agreement may be executed in counterparts which together shall constitute one and the same instrument 11. To the extent DEVelOPER is comprised of more than one person or entity, each such person or entity shall be jointly and generally liable hereunder. 12. Time is of the essence for each and every obligation hereunder. SIGNATURE PAGE FOllOWS 3 - /.¡ ..3 SIGNATURE PAGE IN WITNESS WHEREOF THE PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE AS DES OF THE DATE FIRST WRITTEN ABOVE. "AGENCY" Redevelopment Agency of the City of G:of Chula Vista DATED: By: Shirley Horton. Chairman "DEVELOPER" Foster Investment Corporation, landlorodlord '"' ' ) DATED: (Df /?6 By: C~ér@. V;;;L5'/4 Charles E. Tiano, Vice President. ProperTOoerties Budget Rent A Car Systems, Inc., Tena!! enant DATED: ~þ By: NOTARY: Please attach acknowledgment card. APPROVED AS TO FORM BY: ./ John M. Kaheny. Agency Attorney \ 4 ..3-(5:" - .. CALIFORNIA ALL-PuRPOSE CERTIFICATE OF ACKNOWLEDGMENT State of CAr County of At) ,~ l)/£jO On C1 /~ò /<it before me, L. KJC{SOY~ personally app:ar~~e ( 5 -1 e 1(/1 er-- I/CL;j~e;g"JOhnDoe'NO"'ryPubÜC Name(s) of Slgne . ~ Personally known to me QB. 0 Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed. to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/ her/their signature(s) on the instrurnentthe person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. ~ ~ l. NelSON ~ Witness my hand and official seal. - Comm. # 1145502 //Í~~ U). -NOTARY 'U8L1C-CALlFO!NIA ~ ~ ' Son °"10 County.. SignatUI< of Notary ~(,'"e.E,p""JuIIUOII \ L. Me (sO¥\" So< (JI.vo¡o,ClfZhlol Print No..,.,', N"",. CoCOI)' " which Commis,iooed and-eóIOlIllSs". ExplnIuooD." Seal OPTIONAL The data below is not required by law, however it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. SIGNATURE AUTHORITY OF SIGNER: DESCRIPTION OF ATTACHED DOCUMENT 0 lND IVID U AL 0 CORPORATE OFFICER(S) TIde(s) TITLE OR TYPE OF DOCUMENT 0 PARTNER 0 LIMITED 0 GENERAL NUMBER OF PAGES 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT 0 OTHER: SIGNER(S) OTHER THAN NAMED ABOVE: NAME(S) OF I'ERSON(S) OR ENTITY(IES) SIGNER IS REPRESENTING: --:¡> I c., i!:> 1997 Reproducuon prohtbucd. Reorder from American Society of Notaries. 800-522.3392. T n CALIFORNIA ALL. PURPOSE ACKNOWLEDGMENT " ~ r-/O Fv' Fv' ~ "" ~ Fv' ",,".ç{" .ç <" = ~ ~ ~£{"= = &xxx".G<'.G<'.G<' Fv' ",,".Ç{' .G<'.G<'.G<'.G<' .ÆgX' ., "" Fv' ~ ~ ~ ~ ~ ~ ~ ,ç{'.Ç{'AX=,Q, y ~~"M~'~"~"~"M'~= .- -- -~~ . - _n --. ~-_. _..~~,,~,,~~~~=~ - . - -- ~~ ~ State of ~ ~ County of ~ gO?' ~ n ol'~ Public") ~ P g P g P, þ(personally known to me - OR - [] proved to me on the basis of satisfactonry evidence to be the person(s) g g whose name(s) is/are subDscribed to the within instrument g g and acknowiedged to me , that he/she/they executed the g g same in his/her/their authl'orized capacity(ies), and that by g ¡? - - - - - - - - - - - - his/her/their slgnature(s) con the instrument the person(s), ~ ~ J , or the entity upon behaif : of which the person(s) acted, ~ ~ -. ~.~I executed the instrument. ( (! ~--~ ~ ,;) ì;'. 1 ScnDlogoCounty 1 WiTNESS my hand and (official seaL Ò. > (I My Calm. E>pno Mev 11, 2!D1 " ~ ------------ ~ ¿ ~ ,; a ",Y)~ ò '" S'goaIc," " dH<ó"~ br ;: ( ~ r ~~L ~ ~ Though the information below is not required by law, it may prove valuable to persons relyin,ng on the document and could prevent 6 ,': fraudulent removal and reaffachment of this form to another du:ocument <), ,: g y Description of Attached Document is ¡? g P' Titie or Type of Document: ~. P 6 ~ Document Date: NIJumber of Pages: ~ X ;; ;:. Signer(s) Other Than Named Above: ~ ' 'í $ Capacity(ies) Claimed by Signer(s) 3 ~ 1 g Signer's Name: Signer's Name: - g ~ [] Individuai [] Individuai ~ g [] Corporate Officer D Corporate Office:"r ~> g Title(s): Title(s): g ¡? D Partner - D Limited D General D Partner - D Lirmited ::J General g P D Attorney-in-Fact D Attorney-In-Fac! g ,~' c: Trustee D Trustee 9, ~' c: Guardian or Conservator ,'" D Guardian or Cor':nservator ,'" '~ / c: Other' Too of themb he,e D Other' Top ot thumb he'e :", ¡?' . g ¡? g ¡? \ ~ Signer Is Representing: Signer is Represer'nting: å ~ @ <" ~ ~ * ~ ~'X <;<;'%~'-'<..'X'<Y~-ç¡:;"Ç<; <;<; <;<;'<7; -cç"Ç<;V:;'Ç.(. '<7;'<7;'ÇÇ«'XXX:« <;<;='@;'<7;'<7;'Ç<.>G<::"C . : c'("<7;'<7;<;<;'Ç.(. <;<;'Ç.(. '0; 'Ç.(.'Ç.(. '<7;"'X4~-<:Y-3! @,gg5Na"'oaIN"',~A"oci"i,,'8236Remme,^'e..PO B,,"'"C""g' P"k,CA"'O""" Pmd." 1059" Re",d"C..'T"'.F,,e,",OO.8".6827 3-/7 T 1T CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT LOCATOR ~~~, BUDGET RENT A CAR Œ) ~~iE'?s, 690 L STREET SCALE, I FilE NUMBE¡¡' 3-(f I NORTH NONE EXHIBIT A _. - . ~ ~'-~- , , -, ¡;;¡ ¡ i j' (j ,c:' !' I~ Jt ~¡ I¡" ~r ~~, » ",oJ '" --- -- ¡ ,,' 1 ! 1Ë5 1""'---,-1 Ii" --", ;J ~ . m 'z ,(') h'~ ,m , - i -: iil ...' . ~d - '" . __L'Ll'I~III1 []I:-- ! i ;1 I '1 ..3 -( ~ BUDGELREõNT-A~CAR An rrmmm 80 - . D ~ (""".,.r~) 2 ~ ~ ~ ~ 2 ~ cmD) ~ ~ ~ ..3 -.20 _. -- PROPOSED SIGN ---I f7LNIí /-/31'. 0 ~ ~: MIN. :24P.eo;¡, euC/i AS: . ~OA ~f't'L.1A -.::PC/rfi'.N,/l)ð.." . . ~ 8'PJ~ -Cif¡¡.J5ee /,,/.N4e- ~ffi 'I @ ß'f<N¡.G 7FEE'XM'/ØI"'" eæt!Æ' ~ h?W~ ~/w,A /!ßðj)ft:f!.Ol' ~7'f7lJg, f'/o/f'"Cl-fA - Í"'kJWlS'f</¡,Jg lØII1' ø SMN..L. 1T<5133: M/N.ISGtlrI.- ~ itS t;'UffINfA'- ö~,A - ~ 'J1$6' mOl!17{lo/.A ~ - 1.A:!fPÿ"7/liI56' ~, [}ttCðf<lq'~ afh<./{,eé?; M(}j..s~, W ~ ~ID.-/>tf/L/¿Y @:J) VrfI1?'NA ~ - ~ ð r~~~- Mæf;~ ffffJletBf'5 INC¡CA - INcrA~ ~ ~~-Ç/ff~ tQ6C(,A ~ - ~ /PI'Q/.A VINeS: fI!/N 5~, ~NVel.1-qA, I ~/.1//<NT1 - ~/rA'5 eR:i/~ FVïf3 /',2it}.C. . ...~~-Ufft15'/~ ~ ~m/! - -¡PA/L/M? ~ * /'f!if' NrÞ~ l/'+I~ g¡ë/V( h~ ~ /~/¡'¡@"77feMel/ J -.;2. I - . -- ¡ en I 0 ~ I , r, l ï 'I ¡ ::E m m en > -< en -<, I I I I I I 1'.- I m¡ "'Sf Ii' I' .3 -dd... ! 8TID BUDGELBEJ"J-A~_CI\B Robin 1. Frank]¡j¡ AID . Q . ',' ,. "",,"~.,,""~.m,~u_. ::::;:-,.~7:".~-~,'::'~-""""u_""", -r-. ¡ ¡e; !: ¡!!! """'" sr" ¡ ,," -n J( r- 0 0 JJ ." - I~ !: - "'" " IÞ éo1 [9' IÞ IÞ ¡ ~":,:;" ßO" '" ~. ," ,'" ~ 3-~3 WTIm ~,~~~~~u~~~~,~~:,~,¿"~ Egl¡jQJ.J:!.:~fll!.ir).,,_.. ,. 11-." -' Clliill ~::,",,'::;'" ."" B D : EXHIBIT B Conditions of Approval Owner/Tenant Participation Agreement Foster Investment Corporation and Budget Rent A Car Systems, Inc. 690 L Street Chula Vista, CA DESIGN REVIEW CONDITIONS OF APPROVAL 1. Obtain all required permits and construct the Project as submitted, unless otherwise modified herein. 2. Remove the chain link fencing along the western property line and replace it with tubular metal fencing of a style approved by the Design Review Committee. Barbed wire fencing shall not be used in any form on the Project site. 3. Submit a final landscape plan at the time of submittal for building permits for review and approval by the Landscape Planner. The final landscape plan shall be prepared and signed by a registered landscape architect. The final landscape plan shall be prepared by a registered landscape architect. The final landscape plan shall to the MTDB Right.of.Way Beautification Project Plan pursuant to the plant pallet for Major EntrylCrossing theme category plants. 4. At the time of submittal for building permits, submit a lighting plan indicating the locations of light standards, their design, illumination power, and any other information required by the Zoning Administrator, who shall review the plans for compliance with the Municipal Code and approve same if all requirements and conditions are met. 5. Comply with all requirements of the Uniform Fire Code, to the satisfaction of the Fire Marshal. 6. Comply with all requirements of the Uniform Building Code, to the satisfaction of the Director of the Planning and Building Oepartment. 7. Provide adequate drainage facilities and/or traps to ensure contaminants do not flow into public facilities, to the satisfaction of the City Engineer. Comply with all Engineering Department requirements listed in memorandum dated July 28, 1998 from the City Engineer to the Planning department related to this project. 8. Comply with all applicable requirements of the Municipal Code and State requirements related to the conservation of resources, to the satisfaction of the Conservation Coordinator. 9. Screen all roof.mounted equipment from view, to the satisfaction of the Zoning Administrator. 10. Wrap the planter around the building at the northeast corner and along the easterly elevation, to the satisfaction of the Zoning Administrator. 11. Construct the two wall signs as shown on the sign plans dated 911 0198 and as per page 4, paragraph 5, Item 2a/2b. Prior to beginning construction on any sign, obtain all appropriate sign and building permits. 12. The 20 foot tall monument sign shall be redesigned and resubmitted to the Design Review Committee for review and approval. 13. Apply a different masonry solution to the building other than slump stone. Said solution shall be reviewed by the Design Review Committee for approval. 14. Prior to issuance of building permits, submit a revised building color to the Design Review Committee for review and approval. It is suggested that an off.white, Navajo, buff, beige, or some other subdued warm color be submitted. The property Owners/T enants/Applicants shall execute this document by signing the lines provided, said execution indicating that the property Owners/Tenants/Applicants have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded, as part of the Owner Participation Agreement to which it is attached and a part thereof, with the Clerk of the County of San Diego, and a signed, stamped copy returned to the Secretary to the Redevelopment Agency with a copy to the Community Development Department. Failure to sign this document shall indicate the property owners'/Tenants'/Applicants' desire that the project and the corresponding application for any and all City permits be held in abeyance without approval. ..3-c2{ T 11 EXHIBIT B Conditions of Approval Owner/Tenant Participation Agreement Foster Investment Corporation and Budget Rent A Car Systems. Inc. 690 L Street Chula Vista, CA SIGNATURE PAGE "OEVELOPER" Foster Investment Corporation, landlord DATED: Iv! Ii'?; By: ~¡~~. ~AJ Charles E. Tiano, Vice President, Properties DATED: By: H,IHOMEICOMMOEVI'AP"IOPASl13963""., 3-¿~ _. .. REDEVELOPMENT AGENCY AGENDA STATEMENT Item~ Meeting Date 1 0/06/98 ITEM TITLE: RESOLUTION IbO3 APPROVING OWNER/TENANT PARTICIPATION AGREEMENT WITH THE NAPASUCA TRUST AND ENTERPRISE RENT A CAR COMPANY FOR THE DEVElOPMENT OF AN AUTOMOBILE RENTAL AGENCY AT 1059 BROADWAY LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA SUBMITTED BY: Community Development Director C. t:; I REVIEWED BY: ,'OC""" o;,oc,"'D12.. ~ ~ (4/5ths Vote: Yes- Noll) BACKGROUND: Enterprise Rent A Car Company is proposing to develop an automobile rental agency consisting of a 1,940 square foot building, a parking lot, and associated landscaped areas at 1059 Broadway located within the Southwest Redevelopment Project Area. The site for the proposed project is owned by the Napasuca Trust who will lease it to Enterprise Rent A Car Company. Enterprise Rent A Car currently occupies a space at the shopping center located at the southeast corner of Broadway and Palomar. By developing the proposed project, the company intends to move to a permanent location and expand its current operation. The proposed land use is allowed under the General Plan, Montgomery Specific Plan, Southwest Redevelopment Plan and Zoning Ordinance. The City's Environmental Review Coordinator reviewed the project and determined that it is Class 3c Categorical Exception pursuant to the provisions of the California Environmental Quality Act. Since the project is within the Southwest Redevelopment Project Area, the Owner/Tenant Participation Agreement (which includes the design plans and conditions of approval) is being presented to the Redevelopment Agency for its consideration. RECOMMENDATION: It is recommended that the Redevelopment Agency adopt the resolution approving the Owner/T enant Participation Agreement for the development of an automobile rental agency at 1059 Broadway subject to the conditions in Exhibit B of the agreement. BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee reviewed the project plans on August 31, 1998 and recommended approval of the project as described in Exhibit A and subject to conditions listed in Exhibit B of the Owner/Tenant Participation Agreement (see Minutes, Attachment AI. 4- ( T ì! Page 2. Item 4 Meeting Date 10106/98 DISCUSSION: Site Characteristics The site for the proposed project is located on the east side of Broadway between Moss and Naples Streets (see locator Map attached). The site is accessed by a joint.use driveway which also serves as access to an apartment complex, several single. family homes located to the east of the site, and the commercial center located to the north. The 26,136-square foot site is presently vacant and relatively flat, except for low level mounding toward the center of the site. It is surrounded by a commercial center to the north, an auto glass shop to the south, apartments to the east, and a locksmith and bar&grill to the west, across Broadway. Proiect Prooosal The proposal involves the following: minor grading of the site; construction of a 1,940-square foot office building and a car wash; construction of a 41.space parking lot and a trash enclosure; and construction of the associated landscaped areas throughout the parking lot and around the building. The project also includes the installation of wrought iron security fence and gates. land Use Designations Existing Uses General Plan Zonino Desionations Subject Site Vacant lot Retail Comm. CT-P North Parcel Shopping Ctr. Retail Comm. CT.P South Parcel C & C Glass Shop Retail Comm. CT.P East Parcel Apt. Bldg. High Dens. Res. R3.P West Parcel Comm. Uses Retail Comm. CT-P land Use Compatibilitv As shown in the previous table, the subject property has General Plan and Zoning designations for Retail and Thoroughfare commercial uses, which allow the construction of commercial buildings and automobile rental agencies such as the one being proposed. Thus, the project is consistent with the General Plan, the Montgomery Specific Plan, the Southwest Redevelopment Plan, and the Zoning Ordinance. 4-;2. Page 3, Item .!:i Meeting Date 10106/98 Architecture The design consists of a concrete tilt up style building with exterior stucco and metal treatment. Score lines help to break up the plane of the building to allow some kind of architectural relief. Metal accents will be provided around the windows and along the fascia over the car wash area. A metal sign fascia is also proposed along the north and west elevations. Parking The proposed project includes the construction of a parking lot with a total of 41 parking spaces; the Zoning Ordinance requires only 5 parking spaces for the office portion of the project. The applicant is proving a much larger parking lot in order to provide adequate parking for rental vehicles. Six parking spaces, including two handicapped, will be provided in the area to the north of the proposed building with access provided directly from the road easement. These will be the primary customer parking spaces. The remaining parking spaces will be within the gated portion of the site and will be located to the north and east of the proposed building. A combination of regular and compact spaces are being proposed. In addition to the parking spaces, the lot also contains space for two lanes to receive and deliver the rental vehicles. These lanes, located on the west side of the building, will serve to prevent the queuing of vehicles at the entrance. landscaoing The landscape plan shows a significant amount of well-balanced landscape material. It provides for the planting of a variety of trees (Jacarandas, Fern Pines, etc.), shrubs and vines (Bird of Paradise, lili of the Nile, Heavenly Bamboo, lavender, Bougainvillea, etc.) and ground covers (Verbena and Ivy Geranium) throughout the periphery of the site and around the building and car wash. The west side of the site (the area along Broadway) will be landscaped with a 15.foot strip pursuant to the requirements of the Montgomery Specific Plan. Based on the assessment of the City's landscape Architect, the proposed landscape plan is adequate and in compliance with the requirements of the City's landscape Manual. Screenino and Fencino The site currently has a wood fence on the east side separating the vacant lot from the apartments. The applicant is being required to replace this fence per section 19.58.360 of the Zoning Ordinance which requires a solid masonry wall between properties containing different zoning designations. The trash enclosure, located at the northeast corner of the site, will be screened with a trellis-type of roof treatment in order to screen its view from the two-story apartments directly to the east. Screening of the site from Broadway will be provided by a combination of landscaping and a proposed six foot high wrought iron security fence which will be constructed around the parking area. Form of Aoreement The Owner Tenant Participation Agreement is prepared on the Agency's standard form. It includes Developer's obligations to construct the project as proposed, to maintain the project in "First Class" condition, to indemnify the CityfAgency against liabilities, and not to discriminate. 4-3 _. -- Page 4, Item ß Meeting Date 10106/98 Conclusion It is staff's opinion that the construction of the proposed project will represent an additional positive improvement to this section of Broadway. In addition to the retention and expansion of a viable business in the city, the development of the project will contribute to the elimination of blighting influences by providing a new building and putting a vacant parcel to a higher and better use, which furthers the goals and objectives of the Southwest Redevelopment Plan. FISCAL IMPACT: The proposed project will generate an annual tax-increment revenue of approximately $3,676, of which $2,206 will be allocated to the Southwest Redevelopment Project Area fund. [The remaining $1,470 will be distributed among the other taxing entities, (County of San Diego and various School Districts) pursuant to the tax sharing arrangement agreed to as part of the establishment of the Southwest Redevelopment Project Area.] In addition, the continued and expanded operation of the automobile rental facility will continue to generate approximately $17,500 per year in sales tax revenue for the City's General Fund. Attachment A. DRC Minutes of August 31,1998 Attachment B - Owner/Tenant Participation Agreement with the following: locator Map Exhibit A - Design Plans Exhibit B - Design Review and Agency Conditions of Approval IMZTI H:\HDME\CDMMDEV\STAFF.REP\ID.D6.98\ENTERPRI.RPT (September 30, 1998 (4:22pmll q-t/ _. -- RESOLUTION /603 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING OWNER/TENANT PARTICIPATION AGREEMENT WITH THE NAPASUCA TRUST AND ENTERPRISE RENT A CAR COMPANY FOR THE DEVELOPMENT OF AN AUTOMOBILE RENTAL AGENCY AT 1059 BROADWAY WHEREAS, The Napasuca Trust is the owller of the property located at 1059 Broadway, which is the subject matter of this resolution and which is depicted in Locator Map attached and by this reference made a part hereof; and, WHEREAS, Enterprise Rent A Car Company has entered into an agreement with The Napasuca Trust to lease said property and develop an automobile rental agency; and, WHEREAS, Enterprise Rent A Car Company has presented development plans for the development of the automobile rental agency ("Project"); and WHEREAS, the site for the proposed Project is located within the Southwest Redevelopment Project Area under the jurisdiction and control of the Chula Vista Redevelopment Agency; and, WHEREAS, the Environmental Review Coordinator reviewed the proposed Project and determined that the project is exempt from environmental review as a Class 3c exemption in accordance with CEQA; and, WHEREAS, the Design Review Committee reviewed and recommended that the Redevelopment Agency approve the proposed Project subject to the conditions listed in Exhibit B of the Owner/Tenant Participation Agreement; and, WHEREAS, the Redevelopment Agency of the City of Chula Vista has been presented an Owner/Tenant Participation Agreement, said agreement being on file in the Office of the Secretary to the Redevelopment Agency and known as document RACO 98.13, approving the development of an automobile rental agency located at 1059 Broadway, depicted in Exhibit A and subject to conditions listed in Exhibits Band C of said agreemellt. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine end resolve es follows: I. The proposed project is categorically exempt from environmental review as a Class 3c exemption in accordance with CEŒA. 2. The proposed project is consistent with the Southwest Redevelopment Plan and shall implemellt the purpose thereof by providing a new building, parking lot, and landscaped areas and by putting a vacant parcel to a higher and better use.. 3. The Redevelopment Agency of the City of Chula Vista hereby approves the OwnerfTenant Participation Agreement with The Napasuca Trust and Enterprise Rent A Car Company for the development of an automobile rental agency at 1059 Broadway, in substantially the form presented in accordance with plans attached thereto as Exhibit A and subject to conditions listed in Exhibits Band C of said agreement. 4. The Chairman of the Redevelopment Agency is hereby authorized to execute the subject OwnerfTenant Participation Agreement between the Redevelopment Agency and The Napasuca Trust and Enterprise Rent A Car Company in a final form approved by the Agency Attorney. 5. The Secretary of the Redevelopment Agency is authorized and directed to record said Owner/Tenant Participation Agreement in the Office of the County Recorder of San Diego, California. 4-S- - . -- Resolution Page 2 Presented by: Approved as to form by: &:~ Chris Salomone Community Development Director q-fo - -. DRAFT ATTACHMENT A Design Review Committee Minutes - 4 - August 31, 1998 that scale. Perhaps there is come compromise between the pole sign and what staff is suggesting. Since the applicant did not see the City's report until late this afternoon, some communication between them and the City needs to take place to try to see if that can be worked out. Member Araiza stated that it was difficult to evaluate if we do not have the information. He agreed with staff regarding integrating a monument sign with a directional sign and not having two signs in front. Member Morlon concurred with the rest of the members. MSC (Spethman/Morlon) [4-0-0-1] to continue DRC-99-01 with the following recommendations: The DRC needs to see a detailed lighting plan, a materials board to include color and material pallet, a detailed landscape plan to show size and species of plant material, a fencing plan and a hardscape plan. 2. DRC-99-05 Enterprise Rent-A-Car 1059 Broadway Car rental facility Staff Presentation Associate Planner Jeff Steichen stated that the project site is located on the east side of Broadway between Moss and Naples and is accessed by a joint use driveway which also serves the apartment complex and single-family homes east of the site as well as the commercial center located north of the site. The applicant is proposing six customer parking spaces which will take access directly off the road easement. Another 41 parking spaces within the wrought iron gated/fenced area of the site will be used for the storage of rental vehicles. Because there is a difference of zoning between the proposed commercial project and the apartments directly to the east, the applicant is being required to change the existing fence along the east property and make this a masonry zoning wall. The main concern staff has is with the signage. Mr. Steichen described the proposed illuminated signage band on the north and west elevation of the fascia. Staff recommends that the illuminated band not be allowed as it exceeds the allowable 50% maximum background area allowed for sign copy. The applicant is also proposing a 35-foot high by 25-foot wide pole sign. While this does comply with the interpretation of the Zoning Ordinance, it does not comply with the Design Review Manual which recommends more of a monument type of sign. The Montgomery Specific Plan has an additional restriction which says that the total signage for the project shall not exceed 1 sq. ft. per lineal foot of frontage. This sign would exceed that. Staff 4-1 DRAFT T" 1T Design Review Committee DRAfr Minutes - 5 - August 31, 1998 recommends that the applicant reconsider the use of a pole sign and use a monument sign to identify the project. Applicant Presentation Mr. Howard Puterman (Enterprise Rent-A-Car, 6330 Marindustry Drive, San Diego, CA 92121) indicated that they need the 35-foot pole sign because of a 2- story building next door with a billboard on top of it. They would not have the visibility they need with a monument sign. He asked that the pole sign be allowed instead of a monument sign. The illuminated signage fascia wrapped around the building is a trademark used on approximately 3,000 locations from coast-to-coast. The fascia-lighted band will also provide down lighting on the walkway entrance. Vice-Chair Spethman asked if there would be lighting on the parking lot all night. Mr. Spong (Enterprise Rent-A-Car, 6330 Marindustry Drive, San Diego, CA 92121) indicated that approximately 50% of the lighting would remain on all night and be directed at the parking lot for adequate security. Committee Discussion/Comments Member Aguilar found the project to be acceptable. She had no objection to what the applicant presented in terms of the fascia band. In this particular situation, she did not object to the pole sign. Member Araiza wanted to see more articulation starting with the little canopies you have over the car wash area and entry. That would makes the building much better. The only thing that takes away from that is the horizonal sign on the building because it does not look integrated. The way the design is now, he could not approve the way the two fascias come together. They should be integrated and not two separate elements. Member Morlon thought the project was okay and that the landscaping compliments the entire project. Vice-Chair Spethman did not have a problem with the pole sign if it was reduced to a height of 25 feet. He compliment the applicant on the landscaping. He had a big concern regarding the lighting. Specifically, the height of the pole lights and the angle and how much light is going to be coming out of there because of the residential situation there. His recommendation would be for staff to get some kind of an analysis on the lighting from the applicant so that we know exactly how much light is going to be coming out. He wondered if it was necessary to have the 4-<;5 DRAfT - . DO l~fJ II.. J-~ I Design Review Committee Minutes - 6 - August 31, 1998 lighting around the fascia of the building since they are only open until 6:00 p.m. Mr. Puterman indicated that it is not as bright as you think. MSC (Spethman/Aguilar) [4-0-0-1] to approved DRC-99-05, car rental agency on an existing 24,865 sq. ft. vacant parcel with the following recommendations: Staff recommendation A through D, as is. Revise E as follows: Provide a revised signage proposal for review and approval by the Zoning Administrator. Proposed fascia band shall be lowered in order to be integrated into the building design and to allow equal height of band which shall be carried around entire north, east and south elevations of the building including across fascia above car wash. Pole sign shall be compatible with what exists along Broadway and integrated into a cabinet design with overall height to be compatible with other freestanding signs in the immediate area. F through K, as is. Add L: Any air conditioning units, satellite dishes or any other rooftop equipment shall be screened from pedestrian view. Such screening shall be architecturally compatible with the building. Add M: Provide a detailed lighting plan which includes fixture specifications, location, height, type and finish. Said plan shall be reviewed and approved by the Zoning Administrator. DRAFT 4-9 ATTACHMENT B Recording Requested By: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue ChulaVista,CA 91910 When Recorded Mail To: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 Attn: Yolanda García (Space Above This line For Recorder) APN: 618.152.25 OWNER/TENANT PARTICIPATION AGREEMENT (1059 Broadway] Naoasuca Trust Owner and Enterorise Rent A Car Comoanv Tenant THIS AGREEMENT is entered into by the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body corporate and politic ¡hereinafter referred to as "AGENCY"), and Napasuca Trust, Eva Zimmerman and Steve Kende, Trustees, and Enterprise Rent A Car Company of Los Angeles, a Nevada corporation (hereinafter referred to collectively as "DEVELOPER'" effective as of October 6,1998. WHEREAS, Napasuca Trust owns the property which is the subject of this agreement located at 1059 Broadway and is shown on the attached Locator Map; and WHEREAS, Enterprise Rent A Car Company has entered into an agreement with The Napasuca Trust to lease a portion of the property at 1059 Broadway for the development of an automobile rental agency (the "Project"); and, WHEREAS, the DEVELOPER desires to develop real property within the SOUTHWEST REDEVELOPMENT PROJECT AREA which is subject to the jurisdiction and control of the AGENCY; and, WHEREAS, the DEVELOPER has presented said plans for development to the Design Review Committee; and, WHEREAS, said plans for development have been recommended for approval by said committee; and, WHEREAS, the AGENCY has considered the Design Review Committee's recommendation and has approved the Project and design plans subject to certain terms and conditions; and, WHEREAS, the AGENCY desires that said Project be implemented and completed as soon as it is practicable in accordance with the terms of this Agreement. NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows: 1. The property to be developed is described as Assessor's Parcel Numbers 618-152-25 located at 1059 Broadway, Chola Vista, CA., shown on locator map attached hereto alld by this reference incorporated herein ¡"Property"). 2. The DEVELOPER covenants and agrees by and solely for himself alone, his heirs, executors, administrators and assigns and all persons claiming under or through them the followillg: 1 4-10 - -- A. DEVElOPER shall develop Property with the Project in accordance with the AGENCY approved development proposal attached hereto as Exhibit "A", which is on file with the AGENCY Secretary, as Document No. RACO-98.13. B. DEVElOPER shall obtain all necessary federal/state and local governmental permits and approvals and abide by all applicable federal, state and local laws, regulations, policies and approvals. DEVELOPER further agrees that this Agreement is contingent upon DEVELOPER securing said permits and approvals. DEVELOPER shall pay all applicable development impact and processing fees. C. DEVELOPER shall obtain building permits within one year from the date of this Agreement and shall actually develop the Property into the Project within one year from the date of issuance of the building permits. In the event DEVELOPER fails to meet these deadlines, approval of DEVELOPER's development proposals shall be void and this Agreement shall have no further force or effect. D. In all deeds granting or conveying an interest in the Property, the following language shall appear: "The grantee herein covenants by and for himselt his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation ot any person or group of persons on account of race, color, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee himself or any persons claiming under or through him establish or permit any such practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenant lessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." E. In all leases demising an interest in all or any part of the Property, the following language shall appear: "The lessee herein covenants by and for himselt his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation ot any person or group of persons, on account of race, color, creed, national origin, or ancestry, in the leasing, subleasing, transferring use, occupancy, tenure, or enjoyment of the premises herein leased, nor shall the lessee himself or any persons claiming under or through him, establish or permit any such practices of discrimination or segregation with reference to the selection, location, number or use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. .. 3. The Property shall be developed subject to the conditions imposed by the Design Review Committee and the AGENCY as described in Exhibit "B" attached hereto and incorporated hereill by this reference. DEVElOPER acknowledges the validity of and agrees to accept such conditions. 4. DEVElOPER shall maintain the premises in FIRST CLASS CDNDlTION. A. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughout the term of this Agreement, DEVElOPER shall, at DEVElOPER's sole cost and expense, maintain the Property which includes all improvements thereon in first class condition and repair, and in accordance with all applicable laws, permits, licenses and other governmental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued or promulgated by federal, state, county, municipal, and other governmental 2 4~1( T IT agencies, bodies and courts havillg or claiming jurisdiction and all their respective departments, bureaus, and officials. If the DEVElOPER fails to maintain the Property in a "first class condition", the Redevelopment Agency of the City of Chula Vista or its agents shall have the right to go on the Property and perform the necessary maintenance and the cost of said maintenance shall become a lien against the Property. The Agency shall have the right to enforce this lien either by foreclosing on the Property or by forwarding the amount to be collected to the Tax Assessor who shall make it part of the tax bill. B. DEVElOPER shall promptly and diligently repair, restore, alter, add to, remove, and replace, as required, the Property and all improvements to maintain or comply as above, or to remedy all damage to or destruction of all or any part of the improvements. Any repair, restoration, alteration, addition, removal, maintenance, replacement and other act of compliance under this Paragraph Ihereafter collectively referred to as "Restoration") shall be completed by DEVElOPER whether or not fullds are available from insurance proceeds or subtenant contributions. The Restoration shall satisfy the requirements of any sublease then in effect for the Property or improvements with respect thereto or, if no sublease is then in effect, shall be repaired or restored in the building standard shell condition existing immediately prior to the date of such damage or destruction. C. In order to enforce all above maintenance provisions, the parties agree that the Community Development Director is empowered to make reasonable determinations as to whether the Property is in a first class condition. If he determines it is not, he II) will notify the DEVElOPER in writing and (21 extend a reasollable time to cure. If a cure or substantial progress to cure has not been made within that time, the Director is authorized to effectuate the cure by City forces or otherwise, the cost of which will be promptly reimbursed by the DEVElOPER. In the event that there is a dispute over whether the Property is in a first class condition or over the amount of work and expense authorized by the Director to cure, the parties agree that the City Manager or his designee, shall resolve that dispute; provided however, DEVElOPER shall have the right to appeal this decision to the AGENCY BOARD by making a written request therefor within ten (101 days of being informed of such decision. All City action to cure shall be suspended pending the outcome of the appeal. In the event that the Director decides without dispute, or the City Manager decides in dispute, that the City has to cure and the amount of cure, then DEVElOPER has to reimburse the City within thirty (301 days of demand. I! not reimbursed, it constitutes a lien and City is authorized to record said lien with the County Recorder, upon the Property. D. FIRST CLASS CONDITION DEFINED. First class condition and repair, means Restoration which is necessary to keep the Property an efficient and attractive condition, at least substantially equal in quality to the condition which exists when the Project has beell completed in accordance with all applicable laws and conditions. 5. AGENCY and DEVElOPER agree that the covenants of the DEVElOPER expressed hereill shall run with the land. DEVElOPER shall have the right, without prior approval of AGENCY, to assign its rights and delegate its duties under this Agreement. 6. AGENCY and DEVElOPER agree that the covenants of the DEVElOPER expressed herein are for the express benefit of the AGENCY and for all owners of real property within the boundaries of the SOUTHWEST REDEVElOPMENT PROJECT AREA as the same now exists or may be hereafter amended. AGENCY and DEVElOPER agree that the provisions of this Agreement may be specifically enforced in any court of competent jurisdiction by the AGENCY on its own behal! or on behal! of any owner of real property within the boundaries of the SOUTHWEST REDEVElOPMENT PROJECT AREA. 3 4-/~ -. .. 7. AGENCY and DEVELOPER agree that this Agreement may be recorded by the AGENCY in the Office of the County Recorder of San Diego County, California. 9. DEVELOPER shall and does hereby agree to indemnify, protect, defend and hold harmless AGENCY and the City of Chula Vista, and their respective Council members, officers, employees, agents and representatives, from and agaillst any and all liabilities, losses, damages, demands, claims and costs, including court costs and reasonable attorneys' fees (collectively, "liabilities") incurred by the AGENCY arising, directly or indirectly, from la) AGENCY's approval of this Agreement, (b) AGENCY's or City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the Project colltemplated herein, and DEVELOPER's construction and operation of the Project permitted hereby. 10. In the event of any dispute between the parties with respect to the obligations under this AGREEMENT that results in litigation, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the non.prevailing party. 11. This Agreement may be executed in counterparts which together shall constitute one and the same instrument. 12. To the extellt DEVELOPER is comprised of more than one person or entity, each such person or entity shall be jointly and generally liable hereunder. 13. Time is of the essence for each and every obligation hereunder. SIGNATURE PAGE FOLLOWS 4 4-/.3 - -- SIGNATURE PAGE IN WITNESS WHEREOF THE PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE AS OF THE DATE FIRST WRITTEN ABOVE. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA "AGENCY" DATED: By: Shirley Horton, Chairman "DEVElOPER" Napasuca Trust, Owner DATED: 9 -;¿ '-I - c¡ f By: ~J ~AÁ.A~ M C<.5 í,ç¿ Eva Zimmern, Trustee DATED: .fê-L'Ý-ß B, ~~~ Steve Kende, rustee DATED: f'-ti-9-ljY NOTARY: Please attach acknowledgment card. APPROVED AS TO FORM BY: John M. Kaheny, Agency Attorney 5 4-/~ T 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT "°. "07 - - State of CALIFORNIA County of SAN DIEGO On $(~+C~~I ~(vt~1 (C¡QX before me, DAVID M. SAMLOFF, NOTARY PUBLIC DATE "AME. TITLE OF C.'êlCER. EG.. -JANE DCE, NCTARY FOgliO' personally appeared -¡::. va ?ì WtWffV\MI1£.1 C{kÅ ?rtevet-t ~eLÆdt NAME(S) CF SIGNERiS} ~ personally known to me .. OR .. 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized ~~~~ 1 capacity(ies), and that by his/her/their DAVID M SAMLOFF, signature(s) on the instrument the person(s), - NOTARYOUBI.JC.CAIJ'CIAN CO'~M. NO. 1œ0487 - or the entity upon behalf of which the . SAI. O:EGOCOUNTY .. Mv.c° ':":~~ FEB.3, 1999 J person(s) acted, executed the instrument. WITNESS my hand and ofíicial se&1. ~ !/tt~*!ff ~ - ~ -,.< OPTIONAL ---.,.,-, Thcugh the data b,o}QW is not reqllired by law, it may prove valloble to persons relying on the docurr,ent and could prevent ~ fraudela,-,I reattachrr,ant of this form. CÁPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCU~¡¡ENï 0 INDIVIDU".L 0 CORPORATE OFrlCER DIlJkí'V frcwcu4 ~r-h'cì'had..\OO1 Å-tJ'd'fu,I'('If TITLE OR TYPE OF-DOCUMENt I. TI"-E(5) 0 PARTNER(S) 0 LIMITED hVt' 0 GENERAL ;) 0 ATIORNEY-IN-FACT NUMBER OF PAGES ~ TRUSTEE(S) GUARDIAN/CONSERV A TOR 0 OTHER: ~fgteW1l1tV IFk \C(efK ATE Or DOCUM N, SIGNER IS REPRESENTING: A)o~ "A."E OF peRSONiS) OR ENTlniIES) A)C(~c~<:;uurrwst SIGNER(S) OTHER THAN NAMED ABOVE ¿(-IS; ) 1!:1993 NATIONAL NOfARY ASSOCIATION' 8236 Remm,,' Ave.. P.O. 80' 7184' Canoga Po:1-.. CA 91309-7184 T 11 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907 State of ~ County of úllñ Dif'ßo On q -1£1 -C{ß before me, personally app;:;ed mLU~MàJ1;OFFICER-EG"JANEDOE.NOTA NAMEIS) OF SIGNERIS} [M/personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(1> whose name(!ff is/a+Q subscribed to the within instrument and ac- knowledged to me that he/~executed the same in his/l::lor/thC+r authorized J - - - - - - - - - - - - J capacity~, and that by hisfuor/thÐÎ( -@ co::~~~~~507 signature<,5 on the instrument the person(,i), ¡ & No!alyPubllc-CoJWomla ~ or the entity upon behalf of which the j Sat DIego County t ð\ - - - ~:.or:".~::"~15.2!XD person(fJ acted, executed the instrument. WITNESS my hand and official seal. ~1i!!2R~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this lorm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLEIS) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT NUMBER OF PAGES D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITYIIES} SIGNER(S) OTHER THAN NAMED ABOVE <>1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave.. P.O. eox 7184. Canoga Park, CA 91309-7184 4-1(0 ~~ Price Club/Home Club Center CHULA VISTA PLANNING DEPARTMENT LOCATOR ~~~¿I~'i1T: ENTERPRISE RENT-A-CAR PROJECT DESCRIPTION: C) DESIGN REVIEW PROJECT 1059 Broadway Request: Construct a rental car faclll1y Including offices and ADDRESS: parking for up to 41 vehicles. SCALE: I FILE NUMBER: 4-IÎ NORTH No Scale DRC-99-05 h:\home\planning\carlos\locators\drc9905,cdr 7/30/98 IIIIIIIIII , , I EXHIBIT A ---------------- m --:c -I T -=-I-~ ì --=-=-il=-=- ¡ ¿ ~-- Z I I ~ ~ ' . I ~ § " I .', ~~ " ~ ~ ëJ '. C7Jm "'" ;:>C ~~ g m §~ rn z ~ ra );! ~ r- ~() ~ $¡; CJ) ra ~ ~ -. ra I .; ~, q ! ~ Þ] õ ! ~::ß ' ~ <Jw --' ~ ~r C7J on "'" Þ~ì 0 %~ :E; Þ¿ -< ~-". ~ I~ ~ f~jf ~ . ft @ ~ ðD II! Ii!! Ii Ii! IIII!II!I! I ~llllllil ¡ II!i 1111111 IIi i ~ ,,0 ~~~ ~¡I.I u ¡!~!' ~ .¡ ¡ i "Iii ~ n ~ ¡.¡ ¡, 2 F~ ~. ~ . þ s~~ ~~ I 2' . ¡; t' r - ¡,~ ." c Ii "" Cl 0 '~. ~g . .-. ~ ~ Ii Ig~¡! U! I Ulml~¡ i !~ml ; Iii ¡ IU~ ~ ~m ~ ~!¡~ ~ ; ~ w ", i I" ~ ¡!~ ~ ~ ftl ' hi I~~ ~ ~ ~ ~miH ç¡ 0 E ,i ". ~ ., mi ~ Í ~~".~ ~ . ..": . ò: F F ~ ~ ~ .~ q - 1<1 !! ~n> ~I I" li!1I1i r I ~~"I [ ENTERPRISE RENTAL CAR 8, L"'......"""" iillil.i". I ~~ ~"~~UR~~f:.~v..UFORNIA w:; ...... I ~~"-,,-- I'" - LANDSCAPE CONCEPT PLAN - ::;'~"":~-:,,."" w" ¡!'!i -. ~ - -----.---------- -:' , ! ~ ! ~ ~ ¡ , ¡¡ H ! "If'!l : I H;' . II"" , IIi! . i p¡; i'!' EB I ¡U¡~~ ,I ! I P!¡III in! I 'lW ' ., Ii L_~_1" -/9 Þ ! ~ ~ : lip! ENTERPRISE rent-a-car ~ gl! ~ 1059 ß,oadway 0 II Chula Vista, Califom'. íi C~J A~~~~--~X_HY-I_D_T~~~~~~~Lr.E i_X~U~~L--~-~ :1 '" "",,. .., """ '"' " . " 'co " "'" - -- ¡ &1 !i~ i '?r' ;¡; ~ m æ "I " !5 ~ ~ ¡:; '" '" 1 ~ ~ ê ~ . ~' ~ \1 ~ I ¡ ~ ~ ' : ~! - } Ii : ¡ , , I . '¡ ì ' 1 g rEi'¡~ " , 1. ~ ( , :1 ~ ~ , :~ , I i ó): ¡~Äé it , J ., '" ~ ~ ~ " " ~ ~ (~ w ~ J{' ~ < ~ i ¡ ~ J '---i " / I' ' "X/I I t J / ' / '1IiC '" ~¡ $ I _nn_---l~ ~J ": " I I ~- -- .-;; - 20 !In \ ]1: ~iiIJI'i: '1--..':1.11 ~~I"",'",!'II, ni~ ENTERPRISErent-a-car 111,.111111,,111 ,.... ~ I ¡;!. .' . 0 1059 B,oadway 1,.1," :--"! ;; i .. - Chula Vi,ta, Callfomia , 1i11',11 ---'" I, I "! ¡ ¡:J¡'!i 0 f' JAMES SCHMIDT ARCHITECTURE ',I:!,;!: ,1.',,' 7 " F 0 , , I" ." " I ¡ I ,., I . " 0 I , , 0," ",., I Ii" EXHIBIT B Conditions of Approval Owner/Tenant Participation Agreement Napasuca Trust and Enterprise Rent A Car Company 1059 Broadway Chula Vista, CA DESIGN REVIEW CONDITIONS OF APPROVAL 1. Prior to issuance of a building permit, the illegal off.site sign for Vista Point Apartments shall be removed from the site. 2. Submit proof of joint use access agreement with commercial center to north and with apartments and single family developments to the east. 3. Provide proof that removal/restriping of the existing parking spaces on the south side of the access easement are not required parking for other properties in the vicinity. 4. Replace existing wood fence along east property with a solid masonry "zoning" wall as required by section 19.58.360 of the Zoning Ordinance. 5. Provide a revised signage proposal for review and approval by the Zoning Administrator. Proposed fascia band shall be lowered in order to be integrated into the building design and to allow equal height of balld which shall be carried around entire north, east and south elevations of the building including across fascia above car wash. Pole sign shall be compatible with what exists along 8roadway and integrated into a cabinet design with overall height to be compatible with other freestanding signs in the immediate area. 6. A separate sign permit shall be required for wall and freestanding sign age proposed for the project. 7. Comply with all requirements of the Engineering Department including: a. Payment of sewer connection, development impact and traffic signals fees prior to issuance of building permits. b. Obtain a grading permit if total on.site excavation does not meet the exemptions contained in the City of Chula Vista's Grading Ordinance No. 1797. c. Obtaill a sewer connection for the car wash area drainage system. 8. Comply with all requirements of the Fire Oepartmellt including: a. Maintain twenty feet of access for fire apparatus. Provide "no parking" lanes per CVFO policy where necessary. b. Provide knox entry box for Fire Department access. c. 1,500 GPM is required per UFC appendix III.B with a hydrant spacing not to exceed 250 feet. 9. Comply with all requirements of the Building Division of the Planning and Building Department including obtaining a building permit prior to any collstruction on the site. 10. A detailed landscape and irrigation plan shall be prepared by a registered landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits. 11. Comply with all requirements of the Crime Prevention Division of the Police Department including the following: 4 - :2.1 - a. Insure there is adequate lighting in the parking areas and exterior of the building. If hours of operation extend illto the evenings transitional lighting will be necessary for the entrances and exits to the building. b. The shrubbery and trees need to be maintained and trimmed in a manner to allow patrolling officer clear visibility into the property from Broadway. c. Schedule a security evaluation of the site prior to completion of the project. The security evaluation can be scheduled by contacting the Crime Prevention Unit at 691.5127. 12. Any air conditioning units, satellite dishes or any other rooftop equipment shall be screened from pedestrian view. Such screening shall be architecturally compatible with the building. 13. Provide a detailed lighting plan which includes fixture specifications, location, height, type and finish. Said plan shall be reviewed and approved by the Zoning Administrator. The DeveloperlTenantsfApplicants shall execute this document by signing the lines provided, said execution indicating that the property Developer/Tenants/Applicants have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded, as part of the Ground lessee/Tenant Participation Agreement to which it is attached and a part thereof, with the Clerk of the County of San Diego, and a signed, stamped copy returned to the Secretary to the Redevelopment Agency with a copy to the Community Development Department. Failure to sign this document shall indicate the property Developer's'/Tenants'/Applicants' desire that the project and the corresponding application for any and all City permits be held in abeyance without approval. SIGNATURE PAGE FOllOWS 4 - .;2 d.... - -- EXHIBIT B Conditions of Approval Owner/Tenant Participation Agreement Napasuca Trust and Enterprise Rent A Car Company 1059 Broadway Chula Vista, CA SIGNATURE PAGE "DEVELOPER" Napasuca Trust, Owner DATED: <1-;{&/- fý By: 7!¿J57EC DATED: ,fP-¿'1'- .1'/ By: Steve Kende, Trustee DATED: t!-J<J---9V By: H,IHaME"aMMa"IT'PlAla"'IENTERP'la'Ai q-23 - -