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Home My WebLink AboutRDA Packet 1996/12/17 ":r'fC'--"~' "e' _;"r""T'.,:h~t!~m e~,'I"" ,'..' ,,';';~,tlpostei:l C,' "'ee /\ ' \ ~ Kk Jd "0 r:- i 'u ,~ , ,/' " '. ',' / , ,,' IfIL ,/}1.--' .. r:i,.TE/~..S'~n_{ --.,----' . Tuesday, December 17, 1996 Council Chambers 6:00 p.m. Public Services Building (immediately following the City Council meeting) Joint Meeting of the Redevelooment Agencv/Council of the Citv of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency Members Moot -' Padilla -' Rindone -' Salas -' and Chair Horton - CONSENT CALENDAR (Items 2 and 3) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Agency by one motion without discussion unless an Agency, a member of the public or City staff requests that the item be pulled for discussion, If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 2. AGENCY RESOLUTION 1524 APPROVING MINOR CHANGES TO BUILDING DESIGNS FOR THE BROADWAY BUSINESS HOMES PROJECT--On 08/29/95, the project plans were approved by the Agency as part of the DDA with the developers. In June 1996, the DRC reviewed and recommended the plans for approval. Project plans recently submitted for building permit approval had substantially changed without review by staff or the DRC. On 11/25/96, the DRC reconsidered the project with compromise changes and conditionally recommended the project for approval by the Agency. Staff recommends approval of the resolution. (Community Development Director) 3. AGENCY RESOLUTION 1525 APPROVING AN OWNER PARTICIPATION AGREEMENT WITH COX COMMUNICATIONS FOR THE REMODELING OF AN EXISTING BUILDING AND THE CONSTRUCTION OF A NEW STRUCTURE AT 400 THIRD A VENIÆ--Cox Communications proposes to remodel an existing building and construct a new structure at 400 Third Avenue. The project is exempt from environmental review and is located within a redevelopment area. Staff recommends approval of the resolution. (Community Development Director) * * END OF CONSENT CALENDAR * * - , Agenda -2- December 17, 1996 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law, If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting, (Complete the green form to speak infavorofthe staff recommendation; complete the pink form to speak in opposition to the staffrecommendation.) Comments are limited to five minutes per individual. 4. PUBLIC HEARING: TO DISCUSS THE AFFORDABLE HOUSING PROPOSAL FOR THE RANCHO DEL REY SPA ill--At the meeting on 12/10/96, Agency/Council voted to continue the public hearing to the Regular Redevelopment Agency meeting on 1/7/97. (Community Development Director) ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda, (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda,) If you wish to address the Council on such a subject, please complete the yellow "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 pulposes and follow up action, Your time is limited to three minutes per speaker. 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 pulled by Agency Members, Public comments are limited to five minutes per individual, OTHER BUSINESS 5. DIRECTOR'S/ClTY MANAGER'S REPORT(s) 6. CHAIR'S/MAYOR'S REPORTlS) 7. AGENCY/COUNCIL MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to the Regular Redevelopment Agency Meeting on January 7, 1997 at 4:00 p.m., immediately following the City Council meeting, in the City Council Chambers. [M:\HOME\COMMDEV\AGENDAS\11-19-96.AGD] .. - REDEVELOPMENT AGENCY AGENDA STATEMENT Item d- Meeting Date 12/17/96 ITEM TITLE: Resolution /!::J. 4 Approving Minor Changes to Building Designs for the Broadway Village Business Homes Project SUBMITTED BY: Comm,,", """"moo, D;re~ 50 REVIEWED BY: Executive Director ~ ~ .-----;:7 (4/5ths Vote: Yes- No.1!...) BACKGROUND: Plans for the Broadway Village Business Homes project were reviewed and recommended for approval by the Design Review Committee (DRC) in June 1996. The plans were approved by the Agency on August 29, 1995 as part of the Disposition and Development Agreement with the developers, Broadway Village Business Homes, L.P. (Josef and Lenore Citron). Recently, upon examination of plans submitted for building permit approval, it became apparent that the facades had been substantially changed without review by staff or the DRC. Subsequent presentations to the DRC on November 18 and 25, 1996 resulted in compromise revisions to the facades which maintain the same architectural elements as the original plans. The compromise plans have been recommended for approval by the DRC and are being submitted to the Agency for approval. RECOMMENDATION: That the Agency adopt the resolution approving minor changes to the building designs for the Broadway Village Business Homes project. BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee reviewed and rejected the revisions as proposed by the developers at their meeting of November 18, 1996. A subcommittee meeting between the project architect, staff and chairman of the DRC was held on November 21, 1996. At that meeting the project architect agreed to substantial changes to the revised plans which were acceptable to staff and the Chairman of the DRC. The DRC reconsidered the project on November 25, 1996 with the compromise changes and conditionally recommended the project for approval by the Agency. The letter attached as Exhibit A lists the recommended conditions of approval. Minutes of the November 18 and 25 DRC meetings have not been transcribed as yet, but should be available by the meeting date. DISCUSSION: On September 26, 1996, the developers of the Broadway Village Business Homes project submitted plans for building permits for construction of the first six units of the project. In reviewing the plans, Planning Department staff noted significant architectural changes to the facades of the buildings which reduced building articulation and enhancements featured in the original plans (as approved by the Agency). Specific changes to the original plans are noted below and are illustrated in Exhibit B. d. -( Page 2. Item d- Meeting Date 12-17-96 1. The articulation featured on residential side building elevations on the approved plans consisted of a variation of the building planes above the garage which were removed in the revised plans. Also, the carefully arranged fenestration in the original plans has been changed considerably and substantially reduced in design quality. 2. The stairs featured on the residential side were originally grouped in pairs and semi- enclosed to provide an attractive wing to the building. The revised plan featured open exterior stairs for each individual unit which was considerably less attractive. 3. A hip roof over the roof of all units adjacent to Broadway was incorporated in the original designs to visually reduce the impact of the three story buildings at the roadway. The elevations also featured store fronts, balconies, well arranged architectural windows, angled wing walls and other features embellishing the facades along Broadway. The revised plans eliminated most of these features. 4. The commercial side of the buildings were originally designed with architectural windows, balconies, bay windows, decorative cross gable roofs and architectural detailing to portray a "village" atmosphere. The revised plans were substantially simplified with many of the architectural features eliminated. 5. The required private open space which was provided by balconies on the second floor was bisected by a pedestrian walkway necessitated by the new location of the exterior stairway. Minor building design and site plan changes are reviewed and can be approved by the Zoning Administrator. However, the changes depicted in the revised building plans submitted by the developers were considered to be significant and deleterious to the project. It was, therefore, considered necessary to resubmit the project to the ORC. In redevelopment project areas, the ORC acts as a recommending body to the Redevelopment Agency. The ORC considered the design changes at their meeting of November 18, 1996. After reviewing the proposed changes, the Committee, with concurrence of the applicant, continued the project to the next ORC meeting and requested that the project architect revise building designs to be more consistent with the original project architecture. Design modifications to the revised plans were made by the architect and reviewed by a ORC subcommittee composed of Chairman J. C. Rodrigues and City staff. The new plans were endorsed by the subcommittee and presented to the full ORC at their meeting of November 25, 1996. The ORC unanimously approved the revised plans with conditions (listed below) noting that the plans were now in keeping with the originally approved architecture for the project. 1. All architectural lines shown in the illustrative plans shall be stucco expansion joints (specify on building permit plans). 2. A decorative railing shall be incorporated in the commercial side balconies. 3. Window muntins, as shown in the illustrative plan, shall be specified in the building permit plans. c2. -d.... Page 3, Item d- Meeting Date 12-17-96 4. Provide side elevation of the first level residential stairs showing open railing design. 5. Building permit plans shall be consistent with the illustrative plan. Any deviation from the original plans as modified shall be submitted to Planning Department Staff or Design Review Committee for review and approval. The revised plans conditionally recommended by the DRC (attached as Exhibit C) are being submitted to the Agency for approval. The revisions are now considered minor and consistent with the original architecture for the project and, therefore, do not require an amendment to the Disposition and Development Agreement. FISCAL IMPACT: The proposed revisions to the project designs were intended to reduce the development cost of the project in order to hold sale prices to reasonable projected levels. The deviations from the original designs and will not substantially impact the estimated value of the project. The financial impact is thus considered negligible. EXHIBITS A- Letter listing recommended conditions of approval B - Specific changes to the original plan C - Revised plans recommended by the DRC Ifk} M,IHOMElCOMMDEVISTAFF.REPlbbhd,,;n.,,41 [Dmmb.. 11,1996 [12,51,m)] c2 -3 -.. - ,", RESOLUTION NO, ~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING MINOR DESIGN CHANGES TO PLANS FOR DEVELOPMENT OF THE BROADWAY VILLAGE BUSINESS HOMES WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA The Redevelopment Agency of the City of Chula Vista (Agency) does hereby find as follows: WHEREAS, the Agency approved a Disposition and Development Agreement including development plans with Broadway Business Homes, LP. (the " Developer") for development of the Broadway Business Homes Project (the "Project") located at 760 Broadway within the Southwest Redevelopment Project Area on August 29, 1995; and WHEREAS, in June 1996 the Developer submitted plans for approval of building permits for the Project which, upon review, indicated revisions to the Project design plans which were previously approved by the Agency; and WHEREAS, the revisions to the project were determined to require review and reconsideration by the Design Review Committee (DRC); and WHEREAS, the Design Review Committee (DRC) reviewed the proposed revisions at their meeting of November 18, 1996 and voted to continue the project to the next meeting of the DRC subject to certain improvements being incorporated into the revised plans; and WHEREAS, the recommended improvements were incorporated into the revised plans which were resubmitted the DRC for consideration at their meeting of November 25, 1996. at which time the DRC voted unanimously to recommend the revised plans for approval by the Agency; and WHEREAS, the revisions to the approved plans are considered minor and do not substantially change or materially alter the project and, thus, do not require additional environmental under the California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista as follows: 1. The proposed revisions to design plans for the Broadway Village Business Homes Projects, located within the Southwest Redevelopment Project Area are considered minor in nature and consistent with the original plans approved for this Project on August 29, 1996. 2. The proposed revisions, attached hereto, are hereby approved. (Exhibit C) Presented by Approved as to form by ~ c\'~~ ~ Chris Salomone Director of Community Development [(FKI M,\HOMEICOMMDEV\RESOS\BROWVVIL.BUS ID".mO" 9. 1996 111 ,26,mlJ 4 c::2- -. .- LOCATOR MAP ..- D DR ffi, ~:-ig:: :~D LJLfo=n ~-"tl-: ;. I <,-s~r LA : I <L---.1--J. " H:" <~' I -- I ,% I % III ~I .-. I , I "<I ~.~ J PROJECT: :, õ= T. , '-, l}~E -'-~OC1'TION n -- - 31.."., . > Í'4. r., , , . ---- < . -- -1 ¡ r-t1-rr " I I 1 I I I I I ' , I I : : : : , ; , I __"~ --, I ... I I ... , I I : --- I ..., L I : ---. ,- - I I .-- - ,"' ~~NEY ~ - I - ~I ~ I < I ; I I D I I D I I ~ , I I , I ~ ' I - -- -- I , , I I :. ---- ----_:------_1.. ---- >-. _:.; .... --- :.( =-.= ~ . . ~ -< --- ~ : ----- ~ -.-; I u. I I I . CHULA VISTA PLANNING' DEPARTMENT LOCATOR I"lO.E:T Broadway Business CONDITIONAL USE PERMIT & ZONE CHANGE C) A."'.JIA'-IT: Homes Village ....=-cr 760 Broo' . - ~uen-. R"wn<> 2.530= at 760 Broodw::ry A:>D£5S: ~.... Ç). -S to allow the et>n.<trvdÏon of 036 LInn et>mmerciol residentid mind ~. use projed. ,c:;.:=. 'Ff.";¡èJL.'E~ - - .. - EXHIBIT A Letter listing recommended conditions of approval T' - ~(f? :::-~--= ~~ ON OF CHULA VISTA PLANNING DEPARTMENT December 5, 1996 Josef A. and Lenore S. Citron 4000 Coronado Bay Road Coronado, CA 92118 SUBJECT: DRC-95-19, Broadway Business Homes On November 25, 1996, the Design Review Committee considered architectural modifications to a previously approved project known as the Broadway Business Homes located on the west side of Broadway between "J" and "K" Streets within the Southwest Redevelopment Project Area. After reviewing the proposed changes, the Committee approved the changes by unanimous vote subject to the following conditions: 1. All architectural lines shown in the illustrative plans shall be stucco expansion joints (specify on building permit plans). 2. A decorative railing shall be incorporated in the commercial side balconies. 3. Window muntins, as shown in the illustrative plan, shall be specified in the building permit plans. 4. Provide side elevation of the first level residential stairs showing open railing design. 5. Building permit plans shall be consistent with the illustrative plan. Any deviation from the original plans as modified shall be submitted to Planning Department Staff or Design Review Committee for review and approval. Should you have any questions, please do not hesitate to contact me at 691-5090. Si"'d'~'.. ... ~ " /, '^ / - , ~ .~o/ ~J. iSHCZ / d -é'o 276 FOURTH AVE/CHULA VISTA CALIFORNIA 91910/(619) 691-5101 - . EXHIBIT B Specific Changes to the Original Plan r" .... - t~.,,~,=¡;&=-- - .. . "'-.. ;.~ -- ...,. '~.:I ~1 '¡ ¡ ~ z I ¡ ; <:: ,... ,. :..J : - Q. I ., w C/') ~. ~ - ! ~ .a ~ ê ..r:: I õ :s >< i ..J W ~ <it ì ~ , Q. ú W U Z 0 U , : ' j I~ i ¡-o ., , :- I . Ii! c;J -t ' -+.-. A : ~. þ '! . . A .. . i . ~: (~....::::..:.:c;'- . ---.c ~ "',~ . ,""- .Q I H..J - - .:: >< z I.LI B 53 '0 f-- <t > w I ---.J wW IX" Ed 0 <tZ w<C IX::C 53 f--U B zQ ::JW rn ---.Jo <to. V1 °0 W ::¡; (La: 0 ~a. I V1 V1 W ~ V1 ::> CO >- <t . .; 3: 0 <t 0 '" !D I I z.. UJ Co . - , 0'. .. u" - .. .. - .. (.:':..:::..::::,,-,-~ - ----4 ~ ;i::z; ,w N I ~ f- IZ : :" I " Z . ..", [~~u a ~ ..... m g~:z: ~ (.) Q I. z W , a en '" 0 ~ : no CI) O'g c: ~ no ~ ---- - '-- "-,_.. --_n- '.:.~l.~-c'.- -'c--- '--" -<-." -- -':"-' -",.:"'~':'-. .'.:C'-- -- ~'." '- -'"., ~.~ - Z ! - <C t. ... no Q W ò > ~ .. 0 - c: ~ no ~ I no ~ ~-~ I ~'."- -'"~, <C CI) -'".OC ""'--'----------------. ---------- Q-'1 .---, - ~.:".:~"':""""O - - -" =' ;zi.,.. .... -, ~'I L'~::~ H, .c .. '," :ë >< w ,';';::. z H.. ;.'3," 0 ~W .'. > CJ WZ ~<t ::c W(,)tn 0 ~ -00 (/)WI f-CI)¡;J zog :::d1. ~ 0'" - .'c': '.! 0 a: ~ ... ,"I "'. '¡:S a. ¡; « ~.~.' ~ '" "".;-:." . ,~:. <~. "."." Z 0 f- « > W ...JZ W<c w-' O:a. (/)'0 f-W -> Zo :::Ja: , Oa. d-fO zl1. w<c -- ci= ' ---. ~ """'"'~.. Z 0 0 ~ I II II II ê:; I ~ ~ 1 ~ 00<> I I ~~ ..... 0.... V) 0:::"" LL:t ~ 1 ~ I II II II ~ g =>(1) ¡ 0 ~o ' ~~ . °0 - ~CI: !D II 11- f- a. .. z 0 f- <1: > w ~ W f- Zz 0 ¡ ~~ LL..I . ~ I ~ -0 Zw . ~- '" " @" ~o " ',', ' <1: ' '," ' :c' u a I , - ø . ~c >-c: f- ( I EXHIBIT C Revised Plans Recommended by the DRC Ii El~1 -- - -.L. , ,- ---- r=- ~~ ~ ~ CD EAST ELEVATION (2J / CD WEST ELEVATION c2 -( d- z z Q Q f-- f-- <ê <ê > > w w -" -" w w I :r: f-- f- er: ::J 0 0 Z UJ C~ c2 ~( 3 - . r I () I I - Z ,...,. I W en « J: c.. I z 0 ~ I- « > w ..J W >- « :s: ~ -It/- ~ - . REDEVElOPMENT AGENCY AGENDA STATEMENT Item ~ Meeting Date 12-17-96 15' éi. :f" ITEM TITLE: Resolution Approving an Owner Participation Agreement with Cox Communications for the Remodeling of an existing Building and the Construction of a New Structure at 400 Third Avenue SU"M,mD,y, Commo""" D'""'"m'"' o;,~5-, REVIEWED BY: Executive Director...l~ ÞQ.-4 (4/5ths Vote: Yes- No.1!...) BACKGROUND: Cox Communications proposes 0 remodel an existing 2445 sq. ft. building, demolish an existing 4000 sq. ft. building, and construct a new 8000 sq. ft. structure at the southwest corner of Third Avenue and "G" Street. The two buildings will be integrated to expand Cox Communications' electronic equipment center (referred to as a head-end station) currently operating at that location and to provide approximately 700 sq. ft. of retail building space at street level. The project is exempt from environmental review as a Class 2(e) exemption. Since the project is located within a redevelopment area and is valued over $10,000, an owner participation agreement is required for the project. RECOMMENDATION: That the Redevelopment Agency adopt a resolution approving an Owner Particpation Agreement with Cox Communications for the remodeling of an existing building and the construction of a new structure at 400 Third Avenue subject to conditions. BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee reviewed the project proposal on December g, 1 996 and voted to recommend that the Redevelopment Agency approve the design of the project subject to conditions. The recommended conditions of approval have been incorporated into the proposed owner participation agreement. The Committee also recommended that the decorative wall clock be accepted as a fine art feature, but, the nightlighting not be included as part of the fine arts contribution. DISCUSSION: The project site is located at 400 Third Avenue on the corner of Third and "G" Street within Subarea 2 of the Town Centre I Redevelopment Project Area. The property consists of one parcel and is currently developed with two older commercial structures that cover the entire parcel. There is no landscaping or vehicle parking on the site. Cox Communications currently occupies the southerly building with an operating, electronic equipment center. The northern building located at the G Street Corner is vacant, but, previously housed a retail hospital equipment store. The property is designated for commercial use under the Town Centre I Redevelopment Plan. Surrounding land uses are multiple family to the west, commercial/office to the north, a convenience store to the east. and a resident hotel to the south. .J -( - - Page 2, Item ~ Meeting Date 12/17/96 The proposed project entails the demolition of the northern, one-story, 4,000 sq. ft. building and the construction of a new, replacement two-story structure. In addition, the southern building will be remodeled to be architecturally integrated into the new structure. The project is being undertaken. primarily, to house and expand the existing Cox Communications operating equipment center; however, the applicant is providing approximately 700 sq. ft. of replacement retail space which will be located at street level. This retail area will provide a pedestrian friendly space and a focal point at the Third and "G" Street corner. The proposed project is a continuation of existing uses and is consistent with the Town Centre I Redevelopment Plan. The current and expanded Cox Communication facility is a passive use which is not a manned facility (as describe in "Project Operation") and the current retail space is being reduced from 3800 sq. ft.; therefore, no new parking is proposed. There are several metered and unmetered, on- street spaces located adjacent to the building frontage along both Third Avenue and "G" Street. Landscaping is proposed to be added to the site. Four on-site planters have been designed along the building edge and two planters with a bench are proposed to be located within the "G" Street public space. Street Improvements The Engineering department has indicated that additional street dedication may be required and the widening of "G" Street may be necessary to accommodate future intersection movements at Third Avenue and "G" Street. The City Engineer has provided a condition of approval to determine if the street improvements will be necessary (see condition no. 3) based on existing intersection configuration and projected traffic movements. In the event that the street widening is required, "G" Street would be widened by 6 feet and the on-street parking would be eliminated. The finished sidewalk width then would be reduced to 14 ft. which could safely accommodate the proposed planter and bench. Fine Arts Feature New proposals located within the Town Center I Redevelopment Project are required to provide a 1 % contribution (1 % of the project valuation) to the Town Centre I Fine Arts Fund. The contribution can be made in the form of cash or by the installation of a fine art feature on the project site. The applicant proposes to install a wall clock onto the building face as a fine art feature. In addition, night lighting elements such as an enclosed fiber star lighting track along the top of the building facade and up-lit sconces placed within the semi-circular window and door overhangs will be incorporated into the building design. The overhangs also will have downcast lights which will create an interesting night light pattern on the sidewalk. The Design Review Committee recommends that the clock be accepted toward the project's fine art contribution, but, not to include the night lighting. The Committee stated that the lighting should be considered as part of the building design. Staff recommends that the clock and night lighting be accepted as the project's fine art requirement; and, if the final estimate for the clock and lighting is below the 1 % requirement, the applicant deposit the monetary difference between the cost of the features and the total 1 % into J~J-. Page 3, Item ~ Meeting Date 12/17/96 the Town Centre I Fine Arts Fund. With the required fine art contribution in mind, the applicant's architect added the night lighting to the basic building design as an additional feature to enhance the evening ambiance of the area surrounding the building. It is staff's opinion that the additional building treatment should be considered toward the fine art contribution. Commercial Area DesiQn To make the most of the area devoted to leasable commercial space in the new Cox building, the retail area has been situated so that its most prominent frontage faces onto Third Avenue, and secondarily onto G Street. The main entrance to the commercial space is oriented to take full advantage of the street corner position, and has been designed on a diagonal to create a more interesting and inviting environment. It has floor to ceiling windows and doors facing onto the street to allow the internal activities to more fully add to the vitality of commercial activity of Downtown. Pedestrian orientation Several fundamental design features of the Cox building were directed toward creating a pedestrian-friendly environment. Most prominent are the seven (7) semi-circular overhangs that protrude over the building entrance and doors. These overhangs have downcast lights so that at night the building will be safe and inviting. Also, the tall glass windows and main entrance allow the internal activities of the area to entertain pedestrians. Low shrubs in the windows, and street furniture and tree boxes on G Street will also serve to make a more pleasant pedestrian environment around the Cox building. Radio or ElectromaQnetic Frequencies A head-end station differs from a telecommunication antenna/microwave dish facility in that there is no airwave transmission of television or other communication signals from these facilities. The technology at a head-end station is basic; it enhances existing land-line signals that are already being transmitted via light impulses in existing fiber-optic cables, which are located in public right- of-way areas (in this case, Third Avenue). As a result, there are no Radio Frequency (RF) or Electromagnetic Magnetic Frequency (EMF) emissions to pose potential health concerns. Fire Protection The proposed head-end facility will be an emergency services facility and, therefore, must be able to withstand natural disasters, including fire. As a result, the building is constructed mainly of concrete block, and will be equipped with three (3) forms of fire protection as follows: 1. Highly sensitive fire protection system; 2. Chemical protection system (FM 200); and 3. Fire sprinkler system. Hazardous Materials The only hazardous materials stored on the site will be approximately 1,500 gallons of diesel fuel. The diesel fuel will be stored on site for use in an emergency situation when the back-up batteries ...3- 3 - - Page 4. Item ~ Meeting Date 12/17/96 in the modular units fail to provide back-up power. The fuel will be stored in the industry standard double-walled UL approved above-ground storage tanks, which will be installed on a 12-inch thick concrete slab floor. The only other significant hazardous material associated with the project is sulfuric acid (in less than reportable quantities) which will be contained in the batteries on site. The acid in the type of batteries used by Cox is suspended in a viscous gel form that can not leak or spill into the environment should the nearly impenetrable battery cases be damaged. The proper hazardous materials disclosure forms will be filed with the agency overseeing hazardous materials in Chula Vista. Noise A head-end facility produces very little noise. On a daily basis, the facility will produce ewther no noise, or only the sound of rooftop air conditioning units during warm temperature days. Only during a natural disaster or other emergency situation, and during the several minutes each month of generator testing, will the two generators on site produce noise. Generator noise produces in the building will not exceed residential noise threshold levels at any of the property's boundaries. FISCAL IMPACT: The project's construction cost is valued at $1,155,621. Based on the receipt of approximately 1 % of the assessed value, the Agency could anticipate about $11,556 annually from tax increment. (pbl M,\HOMElCOMMOEV\STAFF,REPI12'17,96\,ox"bl",,4 [O",mb" 11,1996 (3,O2pmlld 3~cf \ City of Chula Vista Town ~-~- 8m. Redevelooment ArAR~ l,Antrp I ~_:_..- ... - - RESOLUTION NO. /S'c:<S RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT WITH COX COMMUNICATIONS FOR THE REMODELING OF AN EXISTING BUILDING AND THE CONSTRUCTION OF A NEW STRUCTURE AT 400 THIRD AVENUE WHEREAS, Cox Communications San Diego, Inc. proposes to remodel an existing 2445 sq, ft. building, demolish an existing 4000 sq. ft. building, and construct a new 8000 sq. ft, structure at the southwest corner of Third Avenue and "G" Street; and WHEREAS, the project is exempt from environmental review as a Class 2(e) exemption, but. an owner participation agreement is required for the project; and WHEREAS, the Design Review Committee reviewed the project proposal on December 9, 1996 and voted to recommed that the Redevelopment Agency approve the design of the project as depicted in Exhibit A of Owner Participation Agreement TCI/OPA No. 96-2 subject to conditions; and WHEREAS. the Redevlopment Agency has considered the project proposal. recommended conditions of approval, and Owner Participation Agreement TCI/OPA No. 96-2. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve Owner Participation Agreement TCI/OPA No. 96-2 with Cox Communication San Diego, Inc., filed in the office of the Secretary to the Redevelopment Agency as document number RACO- - and approves the Cox Communication proposal in accordance with plans included as Exhibit A and subject to conditions of approval listed in Exhibit B, both exhibits being incorporated into TCI/OPA No. 96-2. Presented by Approved as to form by rL, ~ Chris Salomone Director of Community Development [{PBI M,\HOMElCOMMOEV\RESOS\""p."" {O'"mb" 9,1996 {10,33.mJ] cß -~ _.. .. .. Recording Requested By and When Recorded Return to: The RedÈ¡velopment Agency of the City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attention: [This space for Recorder's use only] OWNER PARTICIPATION AGREEMENT BETWEEN THE CHULA VISTA REDEVELOPMENT AGENCY and COX CABLE SAN DIEGO THIS AGREEMENT is entered into by the CHULA VISTA REDEVELOPMENT AGENCY, a body corporate and politic [hereinafter referred to as "AGENCY"], and Cox Cable San Diego [hereinafter referred to as "DEVELOPER"], WHEREAS, the DEVELOPER desires to develop real property within the Town Centre I Redevelopment Project Area which is subject to the jurisdiction and control of the AGENCY; and, WHEREAS, the DEVELOPER has presented plans for development to the Design Review Committee and the Committee recommends that the Agency approve the project design subject to conditions; and, WHEREAS, the Agency has considered the Design Review Committee's recommendations; and, WHEREAS, the AGENCY hereby approves the development proposal as recommended by the Design Review Committee subject to conditions listed in Exhibit "B", attached hereto and desires that said development be implemented and completed as soon as is practicable, NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows: 1, The foregoing recitals are incorporated into this Agreement. 2. The property to be developed is described as Assessor's Parcel Number 568-410-10 located at 400 Third Avenue, Chula Vista, 3, The DEVELOPER covenants by and for themselves, their heirs, executors, administrators and assigns, and all persons claiming under or through them the following: A. That the property will be developed in accordance with the AGENCY approved ~-7 - . development proposal attached hereto as Exhibit A and on file in the Office of the Secretary to the Redevelopment Agency, known as Document No, RACO-_-_. 8, DEVELOPER agrees to obtain building permits within one year from the date of this Agreement and to actually develop the property within two years from the date of issuance of the building permits. In the event DEVELOPER fails to obtain such building permits or fails to obtain an extension to obtain said permits, the approval of DEVELOPER'S development proposals shall be void and this Agreement shall have no further force or effect. C. That in all deeds granting or conveying an interest in the property, the following language shall appear: "The grantee herein covenants by and for themselves, their heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation o~ any person or group of persons on account of race, 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," D, That 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 themselves, their heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation o~ any person or group of persons, on account of race, color, creed, national origin, or ancestry, In the leasing, subleasing, transferring use, occupancy, tenure, or enjoyment of the premises herein leased, 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." 4. DEVELOPER agrees that if either the AGENCY or the CITY OF CHULA VISTA proceeds to form a Special Assessment District for the construction or maintenance of parking facilities, public roads, common areas, or other public facilities which benefit the real property, subject to this agreement, the DEVELOPER hereby waives any right they may have to protest the formation of such Special Assessment District. Said waiver shall not preclude the DEVELOPER from protesting the amount of any assessment on such property. 5. DEVELOPER agrees to expend a minimum of one percent (1 %) of the project cost for fine arts on the project. In the alternative, the DEVELOPER may, with AGENCY approval, contribute Page 2 c3-f? - - such amount to the AGENCY, The contribution will be used by the AGENCY for fine arts within the Town Centre I Project Area, The amount shall be determined by 'the CITY OF CHULA VISTA'S Building and Housing Department's estimation of building valuation as noted on the DEVELOPER'S building permit record, 6. DEVELOPER agrees to accept the attached conditions imposed ~y the Design Review Committee and the Redevelopment Agency as described in Exhibit "B"herein attached, 7. DEVELOPER agrees to 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 Premises and all Improvements in first class condition and repair, aM 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 owners fail 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 maint~mance 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 Premises 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, replaþement and other act of compliance under this Paragraph [hereafter collectively referred to ;Is "Restoration"] shall be completed by DEVELOPER whether or not funds are available frollTl insurance proceeds or subtenant contributions. The Restoration shall satisfy the requirements of any sub- sublease then in effect for the Premises or Improvements with respect thereto or, if no sub- 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 they are not, he (1) will notify the owners in writing and (2) extends 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 owners. In the event that there is a dispute over whether 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 and both lParties shall be bound by his decision. In the event that the Director decides without dispute, or the City Manager Page 3 .,3-9 - - decides in dispute, that the City has to cure and the amount of cur~, then owners have to reimburse the City within thirty (30) days of demand, If not reimbursed, it constitutes a lien and City is authorized to record said lien with the County Recorder; upon the premises, D. FIRST CLASS CONDITION DEFINED, 'First class conditior and repair, means Restoration which is necessary to keep the Premises and Improvements in efficient and attractive condition, at least substantially equal in quality to the condi1ion which exists when the condition(s) in attached Exhibit B are completed," 8. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein shall run with the land for the term of this agreement. DEVELOPER shall have the right, without prior approval of AGENCY, to assign its rights and delegate! its duties under this Agreement, and shall thereafter have no further liability hereunder. 9, AGENCY and DEVELOPER agree that the covenants of the DE~ELOPER expressed herein are for the express benefit of the AGENCY and for all owners of r al property within the boundaries of the Town Centre I Redevelopment Project Area as the sa~e now exists or may be hereafter amended. AGENCY and DEVELOPER agree that the provis ons of this Agreement may be specifically enforced in any court of competent jurisdiction by th~ AGENCY on its own behalf or on behalf of any owner of real property within the boundaries I of the Town Centre I Redevelopment Project Area, ' I 10. The term of this Agreement shall be the same as the term °h the Town Centre I Redevelopment Project Area. Initiation of the redevelopment shall mea, the preparation and submission of plans to the AGENCY for the renovation or demolition of structures and redevelopment of the site, 11, AGENCY and DEVELOPER agree that this Agreement may be recdrded by the AGENCY in the Office of the County Recorder of San Diego County, California. ' [Signature Page Follows] Page 4 cJ -(0 - . REDEVELOPMENT AGENqy OF THE CITY OF CHULA VISTA "AGENCY" ; Dated: By: I Shirley Horton, Chairman COX COMMUNICATIONS, ~AN DIEGO, INC. ! Dated: By: Sheri Stinchcomb, D rector Broadbased Service Dated: By: Sandra Murphy, Vic~ President Public Affairs Approved as to form by: John M, Kaheny, Agency Attorney M ,IH 0 M E'CO M M aEVlBU C HANIC 0 NTRACT SIC ox 0 P A a oc Page 5 J - (( i i I I I EXHIBIT "B" Owner Participation Agr~ement No. 96-2 Cox ¡Communications 400 Third Avenue De~ember 17, 1996 Conditions of Approval 1. This project shall comply, and remain in compliance with all requir~ments outline by the Fire Department. I I I 2. Applicant shall incorporate planter areas along both sides of the se~ondary entrance along Third Avenue to the satisfaction of the Planning Director. : I 3. The applicant shall conduct an intersection analysis for the inte¡section of Third Avenue and "G" Street to determine the need for widening said int rsection to meet City standards as shown on Chula Vista Design Standard (CVDS) 10 to a Class II Collector Street Standard (attached). Said analysis shall determine i the intersection will meet City Threshold Standards at the current time with the projeþt and in the year 2015 with anticipated development including the project. The anal~is shall consider the need for intersection improvement with and without restricti~g parking in the vicinity of the intersection. Said traffic analysis shall be approved by ~he City Engineer prior to issuance of a building permit. If the analysis indicates a need to widen the intersection, the applicþnt shall improve (widen) "G" Street adjacent to the project to meet CVDS 10 along t~e frontage of the project as determined by the City Engineer. The applicant may apP~ for a deferral to install said improvements in accordance with City procedures. Sai deferral will be approved if the improvements meet the criteria for deferral or are ot needed at the present time as determined by the City Engineer, If the anal sis indicates no immediate or future need to meet the standard called for i CVDS 10, no improvements will be required. I I 4. A Planned Sign Program indicating the precise location of all wall- mdunted signs shall be submitted to staff for review and approval, prior to granting o~ tenant business licenses. I I 5. A building design alter.native that wraps the first-story architectural ~reatment similar to the Third Avenue elevation for a minimum distance of 10 feet on t~e south elevation shall be submitted to staff for review. 6. A ~uilding design solution at the wrought iron gate shall be submiitted to staff for review. I I ~ -/;;L EXHIBIT "B" Page 2 i 7. The wall clock shall be approved as contributing to the fine arts feature requirement. Once the total valuation of the fine art feature requirement has bee~ determined, the cost difference shall be remitted to the Fine Arts Fund in cash. ' 8. No existing or new roof mounted equipment shall be visible from T~ird Avenue. ! 9. Enhancement of the north elevation corresponding to that on the east shall be considered and a design proposal submitted to staff for review and! approval. 10. The project applicant shall research alternative reglets, to accentuat~ the grid pattern proposed in the building design. At minimum the reglet shall be 1-inc~ deep and 1-inch wide. 11. All doors shall be finished to match the copper finish canopy. 12. If the final estimate for the clock and night lighting is below the 1 % ~equired fine arts fee, the applicant shall deposit the monetary difference between the cost of the features and the total 1 % fee into the Town Centre I Fine Art Fundi ! M,\HOME\COMMDEV\BUCHAN\CONTRACT\COXOP A, CO N ..3 -13 '" I- crJ ::I: >< W >- !- .J U ~ LL (j) Z 0 f- ~ U Z :J ~ ~ 0 U ~ !- (j) > ~ .J :J I U Y l:';""""'; ~~~ ò ,'-'" - . ~ 0 ,.\ -,-' -- I C tori -;..~-~~._~-; /,og ~ --'" z - ",-"'- OJ ~ :2 3 ( Vi ,,_c, c,- - ""'c" no,c," EXHIBIT A 0 ø g c .. t: m r m , -< J> c ~ I i I I I I I I J I~ lJ l3 I, l? ~ ~ I ; ; I I -- ~ IK.." VI 0 :f", 81;1, ~ -I d 'I~I , !; c; ; ~ Ut~ , ~ I, '-i -: m ' , J> 0> .. m r m -< J> .. 5 Z '. G ~ I i I I 71 1 I/'.J , . , ¡ ; ; !U il~~rl' rjijí c n¡PI'; P Iii; z ! 'I ¡!'i!1 IIIII , II .11" ,III! '¡P~I'q, ,! ! I' ~Iil 'I' I!"" hi~i' U III' 'I ¡ili I, VI! ~ d! ~; II I I' !! ',- ¡I il !,I ~ ,~ ' I ¡' II o' '. '. ¡ R 1,1 î ': r 1'¡'1 ,Î! 1'1 ¡ ¡ ¡ III ! c ""'~"'CWCC"O"CO"U ,,"',"" ""'"' EXHIBIT A ; I ---j 0 , II I ¡I I "' I ,~ I m rr¡ I I L ; ~ II 0<..' 0<..' l' ~ i ~.~ .-- II 1) \" I r I þ ; '---- . '""'D A"; - .. - -tu -- I !:. I '.~- --;-;;.;,------.1---------1 I ¡. [j)[!J ..00."00 III 00. 00.[j]I!I[;)[!J[!J@]001ïl~][!l0I!JŒJI!JOOŒJOO[!]. ŒJGŒJ[O]['][~CJ U lJ !itil'!.¡¡.!Ii.I¡¡I.!.ì'U- "'¡¡"""""""""""'!-"'!'!" 'II !¡¡!!¡¡lììm-h¡!ì-lii¡!¡¡!!¡I!liii!III!I!¡!lil:II~¡i!li ¡¡I!~¡!!IIII¡:~!'=di'¡P!!! q!I'¡¡¡iI¡--/!!!¡;¡ ¡oil ¥.¡;¡. 2 ...- . I ¡!i, I ~! I . ¡ I ! ¡ , ¡! Z '!!! 1ii¡¡ ¡!d : m¡ I ~ ;II ! ¡ ¡ iI' ! ! ! ¡ c¡ i!!'I.i¡i'¡iI lUll ¡¡ '!! i! , i ' :\I '1!: hi,. 'm!!!! ¡i, ! I ! !I~! '11:1.., I':' ! II! 'iii "¡ ,!!- .. I!. II, !¡ i;ffidtd~l!!i t' -JHJ:j;,.....¡ .APl'ENDIX B . RED~VELOPMENT AGENCY 'IHB Cl'Y OF åiU1A \lJSTA DISCLOSURE In'A'IÐŒNT I rEM # 3 Yo.. arc n:quin:d to file 8 Smrcmeat of Disdos1IR of cataiD. IIWIIeIStip Of IiIIaDdal iDœrr:us.~15, or mmpaip cmnñbuûoas, oa alima- wbicb.1riII RqUÏIe dìscn:IíoWy EUo. . a on 1II'Ilan or die CIy" Coaadl, P . COIIuais$ioa, ad all oilier 01r1Cial1loclies. 'I1Ie foIIowiDl iD1iInBatioa mUlt be cIlsdœal: - I 1- Lia die DalIla of all persons haYiø¡ II tiDaada11D1I:RSt fa Ibc propcnywbil::b iSlbc SQbject orl1lle appiieatiOa or die aIIIIÞCI, e.¡.. ~,çplic:ant, Glllnztor. subamuacIor, J;II&teriaI sappIier. I . COX COMMUNICATIONS 5AN DIEGO, INC., - I A DELAWARE CORPORATION 2. Irany pcnoao idClllificd pursuant to (t) abcm: is a alrpmatIan or IIItIImIIfp. list IIIe -- 0 aD illclividu:aJs OWIIiJIg 1IIore 1baIIIO'J& or !be ihaœs mille cmpoœ!oll or ClWlliag :Illy pnaelSbip Ïlltenst mille -po NONE ~ 3. ]f ;my pemm. IdendØed pmsaaat to (1) ~ is IIOD-pmfit OrpDizaÜOl1 or II tIllS!, list -- of ;my pc:noII II:I"IfDg as direacr of tile 8OD-pmñl orpIIi23tiOn or as trustee or beIIefic:f:II)' or tnmor or tnISt. NA 4. Have yon !lad more thaD S25O worth of b1lliÏlle5S traIISaI:ted willi ØIJ member of the City staff, CoIllDlÏ5SioaS, Committa:s, ad Counål wìtIIiD lIIe plSl twcIve 1llCll1iIs? Yes- No~ If yes, ptease iadi penDn(s}: - 5. Please idauify cadi aDd tII/ery petSOn, illdudiag any IIpIS, employees, CDIIStI1WII5, or - I c:onU'aCtO!S WIIo )IOU ba'IC ~ 10 represal }On bcfOJc \be 01)' iD IIIis mailer. JM CONSULTING GROUP, INC. PRICE, TRONCONE & ASSOCIATE5, INC. 6. ~ )'011 IIIId/Or yoar oIUœIs or 8FD15, iD UIe aFPte, allllrI"buted more 1baII S1,(!DO 10 II ber ill 1110 ICIItIaII or preœdinS election pedOd? Ya- NoL H)I!$, scale wbidI CotmciImember(s) . . . (NO'Œ: ADacI& a4diIioaaJ pIIII5 . Date: l'j.,/II/q(. . STEVE . f!!!s!!.Ï<""fi=l= 'An¡~,¡rm......-&_.....;.,þñr-~-cf8b,""""'~--" rIIå IINl ..,.""", -"'ß CÏIIJ' ... - .. ~ ~ ., -- ,..,.,. ...w¡,¡,¡"", .,..,. -- ... ., .. JOINT REDEVELOPMENT AGENCY/COUNCIL AGENDA STATEMNT ~ Item ~ Meetin Date 12/17/96 ITEM TITLE: Public Hearing: To discuss the affordable housing proPofal for the Rancho Del Rey SPA III I SU'MITTEO OV, Com moo", D~"",m'M o;,octo~ ' .'V""'D BV, ',~",i" Direreo, ..Je¡ ~ "415'" Vo., V,,-- 001<.1 ..-? ^' roo m""'", 0' Doœm"m 'D, 1996. CO",", "~d 10 'OM""' roo '""", "O~'9 ro '"" "'9"'" Redevelopment Agency meeting scheduled for January 7, 1997. Interested pa ies, including the surrounding neighborhood, have been noticed of the continuation. I I (Ih) M,\HOMElCOMMOEV\STAFF.REP\fO15,96\ff,"pd",1f3 [O",m'.. 12, f996 "2,OOpm)] 4- (