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Home My WebLink AboutRDA Packet 1996/09/17 HI declare unner penalty of perjury that' am emplo:!ed b'f tho Cit.} ;::,f ChU:2 V;s~.a in the Communt'/ DeY[;:~))L.(::ir'~ :....~j :':;',";l~'n't and that! pOS~E d this A~Dndafi;1o~i~:: ':':~1~: ,..." ;1:::::rc at the Public Sen,;ces EujL;.n~;; ;n.J 3, Ctj H2.l1 on Tuesday, September 17, 1996 DATE,q//3!QbS1Gi"ED ~ ~t Council Chambers 6:00 p.m. blic Services Building (immediately following the City Council meeting) REVISED Joint Meetine: of the Redevelooment Ae:encv /Citv Council of the Citv of Chula Vista 1. ROLL CALL: 2. APPROVAL OF MINUTES: CALL TO ORDER Agency Members Alevy _, Moot _, Padilla _, Rindone _, and Chair Horton _ July 23, 1996 (Special Meeting); August 6, 1996 (Regular Joint Agency/Council Meeting) CONSENT CALENDAR (Items3-5) 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. 3. WRITTEN COMMUNICATIONS: None 4.a) AGENCY RESOLUTION 1514 b) AGENCY RESOLUTION 1515 AMENDING THE OWNER PARTICIPATION AGREEMENT WITH JOHN SEXTON SAND & GRAVEL CORP. DATED MARCH 19,1996 FOR THE DEVELOPMENT OF A TRASH TRANSFER FAClLITY AT 1855 MAXWELL ROAD WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA TO INCORPORATE A PROJECT PHASING PLAN, ADDITIONAL CONDITIONS AND EXTEND THE EFFECTIVE DATE OF THE AGREEMENT--In order to meet current market conditions, John Sexton Sand & Gravel has proposed to phase construction of their proposed trash transfer facility now, and expand in the future as the volume of trash processed at the facility increases. Sexton has submitted phasing plans to City staff and the Design Review Committee. Sexton has also requested extension of their Special Land Use Permit for development of the project to be coterminous with the Owner Participation Agreement. Staff recommends approval of the phasing plans as approved by the Design Review Committee and adoption of the resolutions. (Community Development Director) AMENDING THE SPECIAL LAND USE PERMIT FOR THE EST ABLISHMENTOF AMA TERIALSRECOVERYF AClLITY ITRASH TRANSFER STATION AT 1855 MAXWELL ROAD, DATED MARCH 19,1996, TO EXTEND THE PERMIT Agenda 5. AGENCY RESOLUTION 1516 -2- September 17, 1996 APPROVING AN OWNER PARTICIPATION AGREEMENT (NUMBER TCI/OPA 96-1) WITH MR. VlNOD AND SAILAJA KURUVADI FOR THE REMODELlNG OF THE BUlLDlNG AT 215 THIRD AVENUE-- Mr. and Mrs. Kuruvadi are proposing to convert the existing single family residence currently used as an accountant's office into a dentist office. The Design Review Committee has reviewed and recommended approval of the project. Staff recommends adoption of the resolution subject to the conditions listed in the Owner Participation Agreement. (Community Development Director) · · END OF CONSENT CALENDAR · · PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDlNANCES 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 staffrecommendation; complete the pinkform to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. 6. PUBLIC HEARING: AGENCY RESOLUTION 1517 7. PUBLIC HEARING TO CONSIDER DRC-96-42; MODIFICATIONS FROM THE OTAY INDUSTRIAL PARK PRECISE PLAN GUIDELINES FOR PICK- YOUR- PART AUTO RECYCLERS LOCATED AT 880 ENERGY --Pick- Your-Part Auto Recyclers plan to make extensive improvements to the frontage of the parcel they lease within the Otay Valley Road Redevelopment Project Area. However, a 65 sq. ft. sign and a 10 ft. high steel fence for security purposes, as proposed, are not allowed under the precise plan for the industrial park. The Redevelopment Agency is requested to hold a public hearing and adopt the Design Review Committee's recommendations to approve the modifications from the Otay Industrial Park Precise Plan for Pick-Your-Part Auto Recyclers and, further, direct staff to amend the Precise Plan Guidelines to allow a larger sign area and a greater variety of fencing materials. Staff recommends approval of the resolution. (Community Development Director) APPROVlNG DRC-96-42lNCLUDlNG MODIFICATIONS FROM THE OTAY INDUSTRIAL PARK PRECISE PLAN'GUlDELlNES TO CONSIDER THE SALE OF SPACE 145 AT ORANGE TREE MOBILEHOME PARK--On 7/16/96, the Agency adopted Resolution 1506 authorizing the sale of Space 145 at Orange Tree Mobilehome Park located at 521 Orange Avenue. On 7/30/96, the offer was withdrawn. The Agency has received a new offer to purchase this space for the appraised value of $30,000. Staff recommends adoption of the resolution. (Community Development Director) Agenda -3- September 17, 1996 AGENCY RESOLUTION 1518 AUTHORIZlNG THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE AGREEMENT AND ESCROW lNSTRUCTIONS FOR SPACE 145 AT ORANGE TREE MOBILEHOME PARK 8. PUBLIC HEARING TO CONSIDER ADOPTION OF THE 1996-97 REDEVELOPMENT AGENCY BUDGET AND APPROPRIATlNG FUNDS THEREFOR--The Redevelopment Agency budget was approved by the City Council as part of the City budget process, but still requires the formal adoption by the Agency Board. Staff recommends the Dublic hearin2 be continued to 10/1196. (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 pU1poses and follow up action. Your time is limited to three minutes per speaker. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Agency, staff, or members of the general public. The items will be considered individually by the Agency and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the Secretary to the Redevelopment Agency or the City Clerk prior to the meeting. Public comments are limited to five minutes. STATUS OF FAMILY FUN AND RECREATION CENTER PROJECT AND PRESENTATION OF PRELIMlNARY ALTERNATIVE PROPOSALS FOR THE LOWER SWEETWATER VALLEY AREA AT THE SOUTHWEST QUADRANT OF SR-54 AND I-805--An Exclusive Negotiation Agreement (ENA) by and between Pacific Malibu Development Corporation, Warner Properties and Council/Agency expired on March 15, 1995, and accordingly does not bind any party thereto. Since that time, staff has been working with the developer to complete development agreement negotiations and have recently been approached by several other parties interested in pursuing other alternative proposals for the site. It is recommended that Council hear the report and approve staffs recommendations. (Community Development Director) 9. REPORT Agenda -4- September 17, 1996 REVIEW OF SEMI EXCLUSIVENEGOTIATlNG AGREEMENT WITH E STREET TROLLEY SQUARE, LLC FOR THE DEVELOPMENT OF A SHOPPlNG/ENTERTAINMENT CENTER BETWEEN E AND F STREETS WEST OF WOODLA WN AVENUE, AND ISSUING lNSTRUCTIONS TO NEGOTIATORS--The proposed shopping and entertainment center site incorporates the City's Public Services Yard and reconfigures the E Street Trolley Station. Staff recommends the Redevelopment Agency defer further negotiations on this project until more information is available concerning the status of the Public Works Yard and development of the Bayfront. (Community Development Director) 10. REPORT 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 11. DIRECTOR'S/CITY MANAGER'S REPORTIS) 12. CHAm'SIMAYOR'S REPORTIS) 13. AGENCY/COUNClL MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to a special meeting of the Industrial Development Authority, a special meeting of the Housing Authority, and to the Regular Redevelopment Agency Meeting on October 1, 1996 at 4:00 p.m., immediately following the City Council meeting, in the City Council Chambers. [M:\HOME\COMMDEV\AGENDAS\09-17 -96.AGDl MINUTES OF A SPECIAL MEETlNG OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Tuesday, July 23, 1996 9:45 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency Members Alevy, Moot, Padilla, Rindone, and Chair Horton. ALSO PRESENT: John D. Goss, City Manager; Ann Moore, Acting City Attorney; and Beverly A. Authelet, City Clerk. BUSINESS 2. REPORT RESULTS OF THE KEYSER MARSTON ANALYSIS OF AMENDlNG THE BA YFRONT REDEVELOPMENT PLAN TO lNCLUDE THE SOUTH BA YFRONT (TIDELANDS) AREA-- On 4/9/96, the Agency authorized a contract with Keyser Marston Associates, Inc. to analyze the possible amendment of the Bayfront Redevelopment plan to add the south bayfront properties owned by the Port District. Staff recommends the Agency accept the KMA report and direct staff to initiate the process to amend the Redevelopment Plan. (Community Development Director) MSUC (Horton/Alevy) to accept the KMA report and direct staff to initiate the process to amend Redevelopment Plan including the preparation of a Cooperation Agreement with the Unified Port District and Rohr for the replanning of the study area. ORAL COMMUNICATIONS None. OTHER BUSINESS 3. DIRECTOR'S REPORTlS) - None. 4. CHAIR'S REPORT(S) - None. 5. AGENCY MEMBERS COMMENTS - None ADJOURNMENT ADJOURNMENT AT 9:48P.M. to the Regular Redevelopment Agency Meeting on August 6, 1996, at 4:00 p.m., immediately following the City Council meeting, in the City Council Chambers. d -( * * * * * CLOSED SESSION The Redevelopment Agency did not meet in closed session. 6. PROPERTY DISPOSITION: Pursuant to Government Code Section 54956.8 . 14 acre Agency-owned parcel - Lower Sweetwater Valley site Parcel #s 563-350-13 and 566-131-01 7. CONFERENCE WITH LEGAL COUNSEL--ANTICIPA TED LITIGATION: Contemplated initiation of litigation by the Redevelopment Agency pursuant to Government Code Section 54956.9(c) . Chula Vista Auto Park developers - South Bay Chevrolet and Fuller Ford/Honda/Kia v. City/Redevelopment Agency based on administrative claims filed on November 15, 1995, and subsequent requests for Preference Proceedings under the Dispositionand Development Agreement. 8. REPORT OF ACTIONeS) TAKEN IN CLOSED SESSION Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk by: ---- c2-;;l MINUTES OF A REGULAR JOINT MEETING OF THE CITY COUNClLlREDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Tuesday, August 6, 1996 7: 10 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Council! Agency members Alevy, Moot, Padilla, and Rindone. Mayor/Chair Horton John D. Goss, City ManagerlDirector; Ann Moore, Acting City/Agency Attorney; and Beverly Authelet, City Clerk. 2. APPROVAL OF MINUTES: July 16, 1996 MSC (AlevylRindone) to approve the minutes of July 16, 1996 as presented, approved 3-0-1-1 with Horton absent and Padilla abstaining. 3. WRITTEN COMMUNICATIONS: None CONSENT CALENDAR (Item pulled: none) CONSENT CALENDAR OFFERED BY COUNClL/ AGENCY MEMBER RINDONE, reading of the text was waived, heading read, and approved 4.0-1 with Horton absent. 4. AGENCY RESOLUTION 1511 APPROVINGCALTRANSPERMITTOENTERONTOAGENCY OWNED PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF INTERSTATE 5 AND E STREET FOR GRADlNG, LANDSCAPlNG, AND RELATED WORK FOR CONSTRUCTION OF THE BA YSHORE BIKE WAY - A cooperative agreement for the construction of the Bayshore Bikeway was approved by Council on 3/14/78. The agreement was entered between the cities of San Diego, National City, Imperial Beach, and Coronado in cooperation with CaItrans. Staff recommends approval of the resolution. (Community Development Director) * * END OF CONSENT CALENDAR * * PUBLIC HEARlNGS AND RELATED RESOLUTIONS AND ORDlNANCES 5. PUBLIC HEARlNG JOINT PUBLIC HEARlNG OF THE CITY COUNClL AND REDEVELOPMENT AGENCY TO CONSIDER A LOAN FROM THE REDEVELOPMENT BROADWAY VILLAGE BUSINESS HOMES, L.P., DATED AUGUST 2, 1995--TheDispositionand Development Agreement was approved by the Agency/Council on 8/2/95 forredevelopment of the former Fuller Ford site. Due to protracted processing time and added expense, the Agency is requested to defer payment of permit fees. The Agency conceptually approved a loan for this purpose and authorized staff to negotiate specific terms. Staff recommends the Agency/ Council hold the public hearing and approve the resolutions. f4/5ths Vote ReauiredJ Continued from the meetin of ul 16 1996 his item will be continued to the meetm 01 Au lISt 211 1 9 . ommuruty eve opment uector MSC (Rindone/AIevy) to continue this item to the meeting of 8/20/96, approved 4-0.1 with Horton absent. c2 -3 Minutes August 6, 1996 Page 2 ORAL COMMUNICATIONS - None. ACTION ITEMS - None. ITEMS PULLED FROM THE CONSENT CALENDAR - None. OTHER BUSINESS 6. DIRECTOR'S/CITY MANAGER'S REPORTISI - None. 7. CHAIR'S/MA YOR'S REPORTISI - None. 8. AGENCY/COUNClL MEMBER COMMENTS a. Council/ Agency member Rindone stated that a memorandum dated 7/25/96 had been received from the City Clerk regarding the minutes and he had some concern about the degree and depth of the minutes for both the Redevelopment Agency and the City Council; was not comfortable with the recommendation that was made in that memo; and wanted to have the same quality of minutes as in the past. Mayor Pro TemlChair Pro Tem Moot stated that the Acting City Attorney was indicating that the item was not on the agenda and therefore could not be discussed or voted on that evening. Council!Agency member Rindone asked the City Clerk to put it under his comments for the following Tuesday's regular Council Meeting and include a copy of the memorandum in the agenda for further review by all members of the Council/Agency. b. Council! Agency member Alevy stated !hat there was a League of Cities workshop that was going to be held at the end of the month specifically speaking to economic development. He had the opportunity to sit on the Chamber's Economic Development Committee. He felt it important that the City gain the information that the League of Cities was providing. Mr. Davis stated that it was a $600 trip and the Chamber would like the City to pay up to $300 of that. It was an Economic Development Conference dealing with attracting businesses to the community, the wisdom of incentives, and downtown revitalization. He though it an excellent two day forum. City ManagerlDirector Goss stated staff would come back with a report. ADJOURNMENT MEETING ADJOURNMENT AT 7:18 P.M. to the Regular Redevelopment Agency Meeting on August 20,1996 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. CLOSED SESSION City Council/Redevelopment Agency did not meet in closed session. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk by: ~ ~~~ . Grif cting D City Clerk c2 -y REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: "- ') Item Meeting Date 9/17/96 Resolution /S(~ Amending the Owner Participation Agreement with John Sexton Sand & Gravel Corporation dated March 19, 1996 for the Development of a Trash Transfer Facility at 1855 Maxwell Road within the Otay Valley Road Redevelopment Project Area to Incorporate a Project Phasing Plan, additional conditions and extend the effective date of the agreement 4 h') Resolution IS (S; Amending the Special Land Use Permit for the establishment of a Materials Recovery Facility/Trash Transfer Station at 1855 Maxwell Road, dated March 19, 1996, to extend the permit SUBMITTED BY: Community Developme. nt Direct~r(~~ ' REVIEWED BY: Executive Director J:\ \yv~~ ~ \ (4/5ths Vote: Yes_ No..K..) BACKGROUND: The Agency approved a specia~-L~~d-~se Permit and Owner Participation Agreement (OPA) for the development of a materials recovery/trash transfer facility on a ten acre site located at 1855 Maxwell Road on March 19, 1996 (Attachment 1). The Industrial Development Authority also passed an inducement Resolution on July 9, 1996 in order to issue Industrial Development Bonds for the development of this project. However, the Developer, John Sexton Sand and Gravel Corporation (Sexton) has rethought the economics of the project and determined that the project should be phased in order to meet current market conditions. Sexton proposes to build approximately half of the project now, and expand it in the future as the volume of trash processed at the facility increases. Sexton has submitted phasing plans to City staff and the Design Review Committee. The Agency is now requested to consider an amendment to the Owner Participation Agreement (Attachment 2) with Sexton to incorporate the phasing plans and additional conditions as recommended by the Design Review Committee. Sexton is also requesting an extension of the Owner Participation Agreement and Special land Use Permit due to the additional time needed to redesign and obtain permits for the project. RECOMMENDATION: That the Agency approve the project phasing plans as approved by the Design Review Committee and adopt a resolution amending the Owner Participation Agreement to incorporate the phasing plans and additional conditions, and extend the agreement. It is also recommended that the Agency approve the extension of the Special Land Use Permit. BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee (DRC) reviewed the original project in January, February and March of this year and recommended approval at their meeting of March 11, 1996. The DRC reviewed the phasing plans for the project at their meeting of August 26, 1996 and recommended that the Agency approve the plans subject to the following conditions: 1. This proposal, as submitted, shall be subject to all of the conditions imposed upon the project as part of Special Use Permit SUPO-96-01. 4-( Page 2, Item !l... Meeting Date 9/17/96 2. This proposal, as submitted, shall be subject to all conditions imposed upon the project submitted as DRC-96-20 and conditionally approved on March 11, 1996. 3. All areas for future expansion which are shown in the Phase 1 proposal as "hydroseeded turf" shall be irrigated with a sprinkler system acceptable to the City Landscape Planner. 4. A landscape maintenance letter, as called for in the City of Chula Vista Landscape Manual, covering all areas shown as "hydroseeded turf", shall be submitted to the City Landscape Planner at the building permit submittal stage. 5. The north elevation shall be articulated similar to the north elevation ori9inally submitted. The proposal will be approved at staff level. The Redevelopment Agency approved a Special Land Use Permit for the project on March 19, 1996. The Agency approved an Owner Participation Agreement with Sexton at the same meeting. The Industrial Development Authority approved an inducement resolution for the issuance of $10 million in IDBs for the project on July 9, 1996. The Otay Valley Road Project Area Committee considered the Special Land Use Permit but did not take action due to potential conflicts of interest with several members. The Project Area Committee was advised that the project amendment was going to be presented to the DRC and Agency. DISCUSSION: Plans for the trash transfer facility were first submitted to the City for review in November, 1995. The project entailed a large, utilitarian building within which trash would be separated and processed. Following substantial revision of the plans at the urging of City staff, the plans were submitted to the DRC in January and resubmitted in February and March 1996. During that time, the DRC, Staff and the applicant worked intensively to arrive at a satisfactory design solution for the project. The project was originally designed to process up to 1,850 tons of trash per day. However, an analysis of potential supply in the area has forced the developer to rethink the project. Sexton is now proposing to build out just over half of the original project which will be able to process up to 1,000 tons of trash per day. Final buildout is not anticipated until market conditions warrant expansion. The applicant has successfully translated the previously approved design solution into a smaller project, retaining all architectural elements and materials by literally slicing the building in half along its east/west axis. A modular-type office building will replace the previously approved conventionally constructed stucco building to provide offices for staff. The applicant has done a good job integrating the new offices with the rest of the facility and, in fact, circulation around the site works better with the new configuration. 4-d-- Page 3, Item ...:1 Meeting Date 9/17/96 The site landscaping remains the same with the exception of the Phase 2 building and parking expansion area which will be landscaped in the interim. Even though landscaping in this area is considered temporary, it will be irrigated and adequately maintained until it is removed for building and parking expansion. Since the phasing plan deviates from the plans approved as part of the Owner Participation Agreement {Exhibit A of Attachment 2}. and adds conditions (Exhibit B of Attachment 2). the relevant exhibits will have to be amended to include the phasing plans and conditions. It is recommended that the Agency approve the proposed phasing plan as recommended by the DRC and authorize Staff to amend the OPA accordingly. The effective date of the OPA is 18 months from the date of acquisition of the site by Sexton which occurred in May 1996. The OPA will therefore expire, if permits are not obtained and development begun, in May 1997. Because of the delay caused by redesigning the project and the additional time needed to obtain local and State permits, the developer has requested an extension of the OPA to 18 months from the date of approval of the requested amendment (March 17, 1998). In addition, the developer has requested that the Special Land Use Permit for the trash transfer facility, approved on March 19, 1996 for an effective period of one year, be extended for 18 months from the effective date of the OPA as set forth in the First Amendment to the OPA, that is to March 17,1998. FISCAL IMPACT: The originally facility, including machinery, was estimated to have a value of $10 million which would have generated $100,000 in tax increments to the Agency in the first year following completion. In addition, the facility was to provide 59 jobs with possible expansion to 100. The proposed scaled down project will be valued at $7 million and provide the Agency with $70,000 in tax increment revenues. Number of jobs at the reduced facility are estimated at 30- 40. (FK) M;\HOME\COMMDEV\STAFF\09-17-96\SEXTQPA.l 13 [September 12, 1996 (1 :38pm)] 4-3 ~ ~ Clh.ti q.J~E !Btuzk 4-Y- ., $ .. 8 ~ , ~"'l>'l>'Nl>''''~IN ~ ;: >- Cl II: w Z w b J1.IW '..,1- 0Ci) ,0:: Q. '01l113MXVVi x Attachment 1 "" <..> z Cl u; w c / 4-,-~ Q.M <tGl :E~ z.2l 011... ~ o o ...I I- o W .., o a: Q. m B U) 2 15 z ....c:z ~ ~ CII'zu gJa;}E- !Blank 4- fa ATTACHMENT 2 DOC ff 1996-0298454 14-JUN-1996 08=55 AM urr. Attention: Sylvia Sinmons 1671 fl\ . V \ \0\ K \ . OFFICIAL RECOROS SAN DIEGO COUNTY RECOROER'S OFFICE GREGORY SMITH. COUNTY RECORDER FEES: O. 00 Recording Requested By and When Recorded Return to: The Redevelopment Agency or the City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 [Space above for Recorder's use only) OWNER PARTICIPATION AGREEM~NT BETWEEN THE CtiULA VISTA REDEVELOPMENT AGENCY and JOHN SEXTON SAND & GRAVEL CORP. THIS AGREEMENT is entered into by the CHULA VISTA REDEVELOPMENT AGENCY, a body corporate and politic [hereinafter referred to as "AGENCY"], and John Sexton Sand & Gravel Corp. [hereinafter referred to as "DEVELOPER"). WHEREAS, the DEVELOPER desires to purchase and develop real property within the Otay Valley Road 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 Otay Valley Road Project Area Committee (PAC) and the Design Review Committee (DRC); and,. WHEREAS, said plans for development have been conditionally recommended for approval by said Committees; and, WHEREAS, the AGENCY hereby approves the development proposals as conditioned by PAC and DRC; and, WHEREAS, the AGENCY desires that said development proposal 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 644-0040-16 located at 1855 Maxwell Road, Chula Vista. A map of the property is attached hereto and by this reference incorporated herein. 3. The DEVELOPER covenants by and for themselves, their heirs, executors, administrators and assigns, and all persons claiming under or through them the following: 4-7 f(-/1!'87 .' l672 A. That the property will be developed in accordance with the AGENCY approved development proposal attached hereto as Exhibit A as though fully set forth herein, and on file in the Office of the Secretary to the Redevelopment Agency, known as Document No. RACO-96-03. B. DEVELOPER agrees to obtain building permits and begin development of the property within eighteen (18) months from the date of issuance of the building permits. In the event DEVELOPER fails to obtain such building permits within this time period 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 pflrsons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, national origin or ancestry in the 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 shalt 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 of, any person or group of persons, on account of race, color, creed, national origin, or ancestry, in the leasing, subleasing, transferring use, occupancy, tenure, or enjoyment of the premises herein leased, nor shall the lessee himself or any persons claiming under or through him, establish or permit any such practices of discrimination or segregation with reference to the selection, location, number or use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. " 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. Agency represents that it has included this provision in substantially all previous Page 2 of 5 4-2? .' 16'(3 OPA's for the Project Area and it is Agency's current int'ent to include this provision in all future OPA's for the Project Area. 5. DEVELOPER agrees to accept the attached conditions imposed by the Otay Valley Road Project Area Committee, the Design Review Committee and the Redevelopment Agency as described in Exhibit "B," attached hereto as though fully set forth herein. 6, 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 property and all Improvements in first class condition, 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 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 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, the property and all Improvements in order .to comply with this Agreement, 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 sub-sublease then in effect for the property 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) 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 (subject to the following paragraph) to effectuate the cure by City forces or otherwise, the cost of which will be promptly reimbursed by the owners. Provided however, in the event that there is a dispute over whether property is in a first class condition, over the time allowed to cure or over the amount of work and expense authorized by the Director to cure, the parties agree to meet and confer for a period of thirty (30) days to attempt to resolve the dispute. In the event that the parties fail to resolve the dispute in such time period, each party shall reserve any and Page 3 of 5 4-9 1674 all rights available at law or in equity to enforce this provision, including, without limitation, self-help remedies with a right of reimbursement or offset. D. FIRST CLASS CONDITION DEFINED. "First class condition," means a condition at least substantially equal in quality to that which exists when the requirements in attached Exhibits A and B are completed except for reasonable wear and tear consistent with the purposes for which the property is used. 7. 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. 8. AGENCY and DEVELOPER agree that the provisions of this Agreement are for the benefit of the AGENCY and the Project Area and may be specifically enforced in any court of competent jurisdiction by the AGENCY. 9. AGENCY and DEVELOPER agree that the premises shall only be used for light industrial land uses permitted under the I-L, Limited Industrial zone of the City of Chula Vista's Zoning Ordinance, or land uses permitted in I-L zones through the conditional use process (Special Land Use Permit process). 10. DEVELOPER or subsequent owners shall not allow activities to be conducted that exceed City code standards for noise, light, dust or other nuisances. Upon completion of the project, DEVELOPER will provide to the owners of adjoining properties the telephone numbers of property managers and the City's Code Enforcement Officer to'allow.for complaints to be lodged and abatement to be initiated if anyon-site activities result in a perceived nuisance. 11. Unless otherwise superseded, the term of this Agreement shall be the same as the term of the Otay Valley Road Redevelopment Project Area which runs until December 2023. 12. Agency and Developer agree that this agreement shall become effective upon purchase of the subject property by the Developer. Ifthe Developer fails to purchase the property within one year, from the date of approval hereof, this agreement shall be null and void. 13. 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. -SIGNATURE PAGE FOLLOWS- Page 4 of 5 4-10 . Dated: 5J~j<r' , l Dated: S~Y~h / / Approved as to form by: [AK:\COMMDEVlKASSMANlOPASISEXTON.OPA] 1675 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA " AGENCY" By: 4th~{J6~ Shirley Hor n, Chairman JOHN SEXTON SAND & GRAVEL CORP. "DEVELOPER" By:~~;45 CEO.. Arthur A. Daniels President/Chief Executive Officer SUBSCRIBED and SWORN to befbrerne this 24th day of May, 1996. rJ::1"~ "OFFICIAL S.EAL" ZENA RAYFORD NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 3/22/98 Page 5 of 5 ~-I( CALIFORNIA All-PURPOSE ACKOWlEDGEMENT State of California County of San Diego On ~ 3?, JClf't, personally appeared before me, Beverlv A. Authelet. City Clerk. :JJir/f''1 ~~ 1'7Personally known to me - OR - Oproved to me on the basis of satisfactory evidence to be the person(sl 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(sl on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. '-G?-4 () ~ Signature of Notary 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 form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o Individual ~ Corporate Officer Cha;r ?pJp'"pfI'JLJWP~-l /2.,.p""'lt.. I Title(sl ( uy Q (jPfJ. waf t;dt ,c::~ '1 ~ Title or Tkfcl D.ocument o Partners(s) 0 Limited o General Attorney-in-Fact Trustee(sl Guardian/Conservator Other: /3 Number of Pages o o o o 5~~h~ Oat€! of ocument SIGNER IS REPRESENTING: Signer(sl Other Than Named Above l'ifJ ;II,! filii jl If oS if it .- J i$ jI if it Z Q ~ iii. .J' W~ I- t:'... Ql . ~ . . !l I. u .- c - ..- ',~ i :fg j , ( I ~-.J'. I "^'_ . : t I : ~ ]j I I ._' ~ 4-(3 I li;( ii) 677 ~~--II!:'!"! I I .- I i ,. I I r I '.3 Ii I b I . ,- f I z iiH 0 I i , , ~I~ i I w J I E ~ w , ~ I "". 0 ., " , ~i w I ... I i H I W I I i l j! I I .~ , I . 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'.', 4 - (9 l684 EXHIBIT B TO OPA DESIGN REVIEW COMMITTEE CONDITIONS , On March 11, 1996, the Design Review Committee considered the site plan and architecture for the construction of a 76,000 square foot Materials Recovery Facility and Trash Transfer Station along with 7,500 square feet of office space, truck parking, scales and yard waste processing area. The Committee, after hearing staff's presentation, approved the request to exceed the maximum allowable building height of 35 feet by 5 feet to a maximum height of 40 feet as minor deviation from the development standards in a Precise Plan Modifying District, and approved the project by unanimous vote, subject to the following conditions: 1. Approval of this project is contingent upon approval of Special Use Permit SUPO-96-01. 2. Complete landscape and irrigation plans detailing all new landscaping, and to include a plan of existing trees, shall be submitted to the Planning Department prior to, or in conjunction with, the building permit submittal package. 3. Any additional roof-mounted equipment or ventilating apparatus shall be screened 'or treated in the same manner as the proposed rooftop ventilation scheme and shall be submitted to staff for review and approval. 4. The metal panels as shown on the sample board shall be reversed, so that the inside of the metal panel shall be outside (also referred to as the Shadow Ribwall system). 5. The split-face block wall, treated with a graffiti-resistant coating, shall be used for the fencing on the west and south sides, in the location shown on the site plan. Chain link fence with vinyl coating shall be used on the north and east property lines. 6. The final sign package shall be submitted to staff for review and approval. 4-d-Q 1685 RESOLUTION 1487 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING PLANS AND ENTERING INTO AN OWNER PARTICIPATION AGREEMENT WITH JOHN SEXTON SAND AND GRAVEL CORPORATION FOR THE DEVELOPMENT OF A MATERIALS RECOVERY FACILlTY/TRASH TRANSFER STATION AT 1855 MAXWELL ROAD WI1HIN THE OT A Y VALLEY ROAD REDEVELOPMENT PROJECT AREA WHEREAS, John Sexton Sand and Gravel Corporation desires to develop a trash transfer facility ("Project") at 1855 Maxwell Road ("Site") within the Otay Valley Road Redevelopment Project Area; and, WHEREAS, the Site is located within an I-P (Industrial/Precise Plan) Zone and the proposed project requires a Special Land Use Permit for construction in that zone; and WHEREAS, the Developer has presented plans for development to the Otay Valley Road Project Area Committee (PAC) and the Design Review Committee (DRC); and, WHEREAS, said plans were not considered by the Otay Valley Road Project Area Committee due to conflict of interest of several members and consequential lack of a voting quorum; and WHEREAS, said plans for development have 'been conditionally recommended for approval by the DRC; and WHEREAS, the Agency has adopted Negative Declaration IS-95-28 and the Mitigation Monitoring and Reporting Program issued on the Project and has approved a Special Land Use Permit for the Project; and, ";''''0 ! . 1 1 ~,~ j. d . ~ ~ 4 WHEREAS, the Agency hereby approves the development proposals as conditioned by Project Area Committee and Design Review Committee; and, WHEREAS, the Agency desires that said development proposal be implemented and completed as soon as is practicable. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: Section 1. The Owner Participation Agreement, on file in the Office of the Secretary to the Redevelopment Agency known as document RACO-96-03, entered into between the Agency and John Sexton Sand and Gravel Corporation, is hereby approved. Section 2. The Chairman of the Agency is hereby authorized to execute said Agreement. ,-, , -' !', ~ ~ . ,'. ~_. 'l; APPROVED AS TO FORM BY: hris Salomone Community Develop 4-;21 ~ ~ ~ gJa;JE- !Blank 4-eJ-d- RESOLUTION NO. /:::,- ( t.{ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE OWNER PARTICIPATION AGREEMENT WITH JOHN SEXTON SAND & GRAVEL CORP. DATED MARCH 19, 1996 FOR THE DEVELOPMENT OF A TRASH TRANSFER FACILITY AT 1855 MAXWELL ROAD WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA TO INCORPORATE PROJECT PHASING PLAN. ADDITIONAL CONDITIONS AND EXTEND THE EFFECTIVE DATE OF THE AGREEMENT WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") entered into an Owner Participation Agreement ("OPA") with John Sexton Sand & Gravel Corp. ("Developer") dated March 19, 1996 for the purpose of authorizing the development of a trash transfer facility at 1855 Maxwell Road within the Otay Valley Road Redevelopment Project Area; and WHEREAS, said OPA called for the development of a facility of approximately 94,800 square feet with related parking, landscaping and storage areas on the 10.8 acre parcel; and WHEREAS, pursuant to said OPA the Developer has 18 months from the effective date (May 30, 1996) to obtain permits and begin development; and WHEREAS. the Developer has requested that the project be developed in two phases with the first phase comprising a facility of approximately 52,500 square feet, and the second phase adding 42,300 square feet when market conditions warrant the expansion; and WHEREAS, the Developer has submitted plans for the Phase 1 development which have been reviewed and recommended for approval by the Design Review Committee with the addition of five conditions at their meeting of August 26, 1996; and WHEREAS, approval of the phasing plan requires amendment to Exhibit A of the OPA and addition of conditions requires amendment of Exhibit B of the OPA; and WHEREAS, the Developer has requested that the effective date of the OPA be a mended to begin upon approval of the proposed amendments; and WHEREAS, the development of the entire project including both phases was contemplated in the Negative Declaration prepared for the trash transfer facility which was adopted by the Redevelopment Agency as a part of the original approval of entitlements for this project; therefore, no additional environmental documentation or action is necessary in connection with this action. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista does hereby: 4 - cz - f 1. Find and determine that the project contemplated by the OPA, as amended, is consistent with the Otay Valley Road Redevelopment Project Plan, and implements the purposes thereof. 2. Authorize and approve the amendment of the Owner Participation Agreement by and between the Agency and John Sexton Sand & Gravel Corp. dated March 19, 1996 in substantially the form attached hereto. 3. Authorize the Chairman to execute the amendment on behalf of the Agency the final version of which shall be kept on file in the Office of the Secretary to the Redevelopment Agency and known as Document #RACO-18-96. BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute the amendment on behalf of the Agency. Presented by Approved as to form by ~~~ Chris Salomone Director of Community Development -- [(fk) M:\home\commdev\resos\sextopa.res [September 12,1996 (1:43pml] 4 _tl - J-- FIRST AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND JOHN SEXTON SAND & GRAVEL CORP. DATED MARCH 19, 1996 FOR THE DEVELOPMENT OF A TRASH TRANSFER FACILITY AT 1855 MAXWELL ROAD WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA TO INCORPORATE PROJECT PHASING PLAN, ADDITIONAL CONDITIONS AND EXTENDING THE EFFECTIVE DATE OF THE AGREEMENT WHEREAS, the Redevelopment Agency of the City of Chula Vista (" Agency") entered into an Owner Participation Agreement ("OPA") with John Sexton Sand & Gravel Corp. ("Developer") dated March 19, 1996 for the purpose of authorizing the development of a trash transfer facility at 1855 Maxwell Road within the Otay Valley Road Redevelopment Project Area; and WHEREAS. said OPA called for the development of a facility of approximately 94,800 square feet with related parking, landscaping and storage areas on the 10.8 acre parcel; and WHEREAS, pursuant to said OPA the Developer has 18 months from the effective date (May 30, 1996) to obtain permits and begin development; and WHEREAS, the Developer has requested that the project be developed in two phases with the first phase comprising a facility of approximately 52,500 square feet, and the second phase adding 42,300 square feet when market conditions warrant the expansion; and WHEREAS, the Developer has submitted plans for the Phase 1 development which have been reviewed and recommended for approval by the Design Review Committee with the addition of five conditions at their meeting of August 26, 1996; and WHEREAS, approval of the phasing plan requires amendment to Exhibit A of the OPA and addition of conditions requires amendment of Exhibit B of the OPA; and WHEREAS, the Developer has requested that the effective date of the OPA be amended to begin upon approval of the proposed amendments; and WHEREAS, the development of the entire project including both phases was contemplated in the Negative Declaration prepared for the trash transfer facility which was adopted by the Redevelopment Agency as a part of the original approval of entitlements for this project; therefore, no additional environmental documentation or action is necessary in connection with this action. NOW, THEREFORE, in consideration of the above recitals and other good and valuable consideration the Agency and Developer hereby amend the OPA as follows: 1. The First sentence of Section 3B of the OPA shall be deleted in its entirety and replaced with the following: "DEVELOPER agrees to obtain building permits and begin development of the property within eighteen (18) months from the effective date of this agreement. " cj~ce ~3 2. Section 12 of the Owner Participation Agreement is hereby deleted in its entirety and replaced with the following: "Agency and Developer agree that the effective date of this Agreement shall be the date of approval of the First Amendment which is Seotember 1 7, 1996." 3. Exhibit A of the Owner Participation Agreement is hereby amended by adding the Phase I Development Plan attached hereto as Attachment I. 4. Exhibit B of the Owner Participation Agreement is hereby amended by adding the following conditions: 7. This proposal, as submitted, shall be subject to all of the conditions imposed upon the project as part of Special Use Permit SUPO-96-01. 8. This proposal, as submitted, shall be subject to all conditions imposed upon the project submitted as DRC-96-20 and conditionally approved on March 11, 1996, and DRC-96-20M conditionally approved on August 26, 1996. 9. All areas for future expansion which are shown in the Phase 1 proposal as "hydroseeded turf" shall be irrigated with a sprinkler system acceptable to the City Landscape Planner. 1 O. A landscape maintenance letter, as called for in the City of Chula Vista Landscape Manual, covering all areas shown as "hydroseeded turf", shall be submitted to the City Landscape Planner at the building permit submittal stage. 11. The north elevation shall be articulated similar to the north elevation originally submitted. The proposal will be approved at staff level. 5. Except as expressly provided herein, all Other Terms and Conditions of the Owner Participation Agreement shall remain in full force and effect. 6. This amendment is entered into effective as of September 17, 1996. Dated: Dated: REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA JOHN SEXTON SAND & GRAVEL CORP. Shirley Horton, Chairman John Sexton, President Attest: Approved as to form: Chris Salomone, Executive Secretary Ann Moore, Acting Agency Attorney {Ilk) M:HOME\COMMDEV\RESOS\SEXTONOPA.AMD September 17. 1996 11 :55 am} 4 - q -cj SESep, 17, 1996 1 2:48PM ClJOHN SEXTON CONTRCTR FAX t<<), 6194765310 No, 6435 p, 3/3 2. $o~ 1 Z of the 0_ PlI1Ic:Ipfton AgIwmem II herwDy dclebKlln he entirety and ,.pllKlOd with 1ha followln9: "A4Jcm;y tIntI UOlffl/Op. .,,.. """ 1/,. .fI."rNe .,. tJ' rItitI. Ag"""fflf Ihf/I be the .te of 1Ip/Nfl'RI of th, FIfIr ArrHindm.m whldl ,. SlID"""'" r 7.. f9S8.." 3. Exhibit A qf the Owner PlttiOlpatlon AQrMll18I1t I. her.by IIMndad by lIclcllng the ""'- I De"eIapment: Phm IIlUchad heNto .. AttIcIuntInt I. 4. Ellhilllt IS of the QWllII' Plnlcipation AgrdlMllt II hereby allllftCllld .",. IdClng 1hlI following eondhlona: 7. Thil proposal, as .ubmlmld. .MII" 611bjeat to ell at tho contIfrfoM /mpoMJd upon the ~ at"." of SpecIM u.. r-Tr SUl'O-ltJ.Ot. f. .",. PrrlpouI. .. twlJmltr_. ~ Iwlll/bjefn to ell <<JfItIftIoM ilflpNed upon tho projecr tlullmittet/ .. DRC-96-20 IIId t:fNIdffJoM/fy .",uoved on Marell 11. t986, If/fI Dlf(>ll-ZOM ~tI"'" IIPfI'OV_ 011 AUflWt 26. "H. I. All tI"" for futuM fIItPIIIU/OII wIIk:h _ "'0"'" in rhll PhutI 1 /IIVPO-' .. "hydrNHdfd rIIrr Mall be ""..tMJ with . spdnklw ..",ram act>>PrtI1Ie to rho City unrhcllpa 1'hInner. 10. A mnthe.ptllMIn-.- lettr, IllI t:.n.d '01' in th" CIty of Ch"III vr.tII unt1s~ ManuII. erwwfnt1 " .,... Ihown.. "hydtoaHdad fIJIf", .MJJ bo .ubmlrttld to tilt City LInds~ JIIannBr at rho building petmlt NbmitbII mg.. t ,. 1M north eWmJtm "''' be lIftJr:ufaled simlItn to 'the notth eIe"llfi01l fN/IJIntIIV wllmitttd. III' fJfOPlI/JII w/l/ 1M /llllH1I"fItJ Of ate" ,..,." II, fxoept.. /IlqI~ pIlMcIed herBin, all Other "erma Md Conditiona of the Owner hrtIcipatI.;Il AllWlItnt .nlll NIlIIin In fUll force lII1d 1Iffact. e. This MMlICImen~ I, emnd Into tfftGtiye .. of september 17, 1898. Dded; JOHN SEXTON SAND . GRAVEL CORP. t (frJ4~~ Thomas s', Westhoff, Vice President DMed: AEDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Shlllay Horton. Cl'IlIIrman Attn~: Approved .. to form: n J , ~ 0 .......... r! ~. EiicutIYe s.cratIrV (1l1C) M:HOM!\COMMDI\IIIlIeOS\8!XTONOPAoAMO"~ '7, tlee ,,: , 4-q -cj ATTACHMENT 1 i :: ~ · ~ · g l ~ ~ ! .. l: IIi:, J ~ 1 : .~ ~Ll l;~ I Inq!~3,j~ f IlHillnfl I ~ I I I . I ,a H4...! I I I I ~c nil! - -' I Ii .? ~ --- -- - ---~-. ~- '. , .,' . - It I....... . ~ - / ! ./ / //... 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'" ~ ;iE g gi~ n .< > o~ ~ i~ > z 4- CI ~ 9 ~ 1>, ." ~ SP~e !Blank 4- C{ -(Q - RESOLUTION NO. ;S (':;, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHUlA VISTA AMENDING A SPECIAL lAND USE PERMIT FOR THE ESTABLISHMENT OF A MATERIALS RECOVERY FACILITY/TRASH TRANSFER STATION AT 1855 MAXWELL ROAD WITHIN THE OTAY VAllEY REDEVELOPMENT PROJECT AREA DATED MARCH 19, 1996 TO EXTEND THE PERMIT WHEREAS, the Redevelopment Agency of the City of Chula Vista (the "Agency") approved a Special land Use Permit (the "Permit") for the establishment of a materials recovery facilityltrash transfer station (the "Facility") at 1855 Maxwell Road within the Otay Valley Road Redevelopment Project Area on March 19, 1996, and WHEREAS, said Permit has an effective period of one year from the date of approval within which building permits must be obtained and development begun; and WHEREAS, the developer of the Facility, John Sexton Sand & Gravel Corp. (the "Developer"). has had to redesign the Facility in order to incorporate a phased development plan which necessitates the submission of new applications for permits from the City of Chula Vista and the State of California which will require additional processing time; and WHEREAS, the Developer has requested that the effective period of the Permit be extended until March 17, 1 998 in order to accommodate the time necessary to obtain permits for development of the Facility and to coincide with the effective period of the Owner Participation Agreement for development of the Facility which was amended on September 17, 1996 to incorporate phasing plans and extend the effect period until March 17, 1998; and WHEREAS, Initial Environmental Study IS-95-28, of possible adverse environmental impacts has been conducted by the Environmental Review Coordinator who concluded that there would be no significant environmental effects from development of the Facility and Negative Declaration IS-95-28 was adopted by the Agency on March 19, 1996. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista hereby amends the Special land Use Permit (copy attached) for the development of a materials recovery facilityltrash transfer station at 1855 Maxwell Road, within the Otay Valley Road Redevelopment Project Area approved on March 19, 1996 as follows: 1 . The first sentence of the second paragraph of Section 4 of the Special land Use Permit is eliminated in its entirety and replaced with the following sentence; "This Special land Use Permit shall become void and ineffective if not utilized by March 17, 1998 in accordance with Section 19.14.260 of the Municipal Code." 2. Except as expressly amended herein, all other terms and conditions of the Special Use Permit shall remain in full force and effect. SIGNATURE PAGE FOllOWS 4-6-( JOHN SEXTON SAND & GRAVEL CORP. Arthur Daniels, CEO President Presented by CL-~ Chris Salomone Director of Community Development Approved as to form by - [(fk) M;\HOME\COMMDEV\RESOS\sexopa2.res (September 12, 1996 (2:45pm)] 4-b-.J- '. Recording Requested By and When Recorded Return to: 1687 c~~ ~ 1996-0298455 ,{.:--Tif~~-199A 08=5,5 AM -" ~'.~" .....- .... The Redevelopment Agency of the City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 \ \ ;::-:.'['"!;:, p:rr:('f;':" ;..: , ~~....... ,_~w..~_ SAg :~:~: ~0:;~:Y ~~:ORDE~'; JF~IC~ ;.,::;-~,-,n>: 3r-::~:;, :0: .<TV i::E=.JF.DE;' .,;",,' ~. -',"- I: r-..! ,. Attention: Svlvia C. Simmons [Space above for Recorder's use only] SPECIAL LAND USE PERMIT For the Establishment of A Materials Recovery FacilitylTrash Transfer Station At 1855 Maxwell Road Chula Vista, CA On March 19, 1996, the Ci.ty of Chula Vista Redevelopment Agency adopted Resolution 1486, attached hereto as Exhibit A, as to the property known as 1855 Maxwell Road and more particularly set forth on Locator Map attached hereto as Exhibit B. 4' - b -3 l(-j1f8& #~ 1688 EXHIBIT A RESOLUTION 1486 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHUlA VISTA ADOPTING INITIAL ENVIRONMENTAL STUDY/NEGATIVE DECLARATION IS-95-06, ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, MAKING FINDINGS UNDER THE OT A Y VAllEY ROAD REDEVELOPMENT PROJECT AREA IMPLEMENTATION PLANIDESIGN MANUAL ADDENDUM, AND APPROVING A SPECIAL LAND USE PERMIT FOR THE ESTABLISHMENT OF A MATERIALS RECOVERY FACIlITY/TRASH TRANSFER STATION AT 1855 MAXWEll AVENUE WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA Whereas, the John Sexton Sand and Gravel Corporation ("Developer") desires to develop a trash transfer facility (the"Project") at 1855 Maxwell Road (the "Site") within the Otay Valley Road Redevelopment Project Area; and, Whereas, the site is located within an I-P (Industrial/Precise Plan) zone and the project requires a Special land Use Permit in order to be developed within that zone; and Whereas, the Otay Valley Road Project Area Committee noticed and held a public meeting on March 18, 1996 to consider the project, made the requisite findings and recommended that the Agency approve a Special Land Use Permit for the project including certain conditions; and, Whereas, the Agency duly noticed and held a public hearing on the requested Special Land Use Permit on March 19, 1996, and all protests, if any, to the approval of a Special Land Use Permit in the manner herein contemplated, were made and received at said public hearing, and no convincing objections to the proposed transactio'n were found to exist; and, Whereas, Initial Environmental Study IS-95-28, of possible adverse environmental impacts of the project has been conducted by the Environmental Review Coordinator who concluded that there would be no significant environmental effects and recommends Negative Declaration IS-95-28 be adopted; . Whereas, the Redevelopment Agency is requested to review and adopt the Mitigation Monitoring and Reporting Program; and Whereas, the Redevelopment Agency is also requested to make Findings under the Otay Valley Road Redevelopment Project Area Implementation Plan/Design Manual Addendum. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does'hereby find, order, determine and resolve as follows: Section 1. to adopt Negative Declaration issued under IS-95-28. 4 - 6 -4 Resolution 1486 Page 2 1689 Section 2. to adopt the Mitigation Monitoring and Reporting Program. Section 3. to make the -following Findings under the Otay Valley Road Redevelopment Project Area Implementation Plan/Design Manual Addendum: a. The Proposed Special land Use Permit does not constitute a substantial detriment to the Project Area or adjacent areas in that it is compatible with surrounding uses. b. The proposed Special land Use Permit generally promotes the orderly physical and economic development of the Project Area in that its continuance contributes to the local economy by providing a needed service. c. The proposed Special land Use Permit is generally consistent with the townscapelplanning and urban design objectives of the Implementation Plan/Design Manual Addendum, and contributes to the amenity of the Project Area in that the project must implement any requirements related to landscaping, exterior structural alterations, etc. Section 4. to approve a Special land Use Permit for the establishment of a Materials Recovery Facility/Trash Transfer Station on the property location at 1855 Maxwell Road, Chula Vista, California on the following conditions: This special land use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City/Agency for additional conditions or revocation. The ApplicantlDeveloper shall: Plan nino Department 1. Construct and operate the Project as described in the application and adjoining plans, or as amended in this conditional approval. 2. Comply with and implement all plans and conditions of the Design Review Committee as approved pursuant to DRC-96-20. 3. Comply with and implement all Mitigation and Monitoring Measures as listed in IS-95-28. 4. A minimum of two months prior to the opening of operations, develop and submit to the Zoning Administrator for review and approval an on- and off- site clean-up program. 5. Limit the hours of operation to: A. 5:00 a.m. to 10:00 p.m. (with no deliveries before 6:30 a.m.). Mondays through Fridays; and 4_6 -S- ,1'-0..... 1690 Resolution 1486 Page 3 B. 6:00 a.m. to 10:00 p.m. (with no deliveries before 7:30 a.m.), Saturdays and Sundays. Police Department 6. At least one month prior to the opening of the Project, schedule a security evaluation of the Project with the Crime Prevention Unit of the Police Department and implement any suggestions resulting from said survey, to the satisfaction of the Chief of Police. Submit written proof of compliance to the Director of Planning prior to opening of the project. 7. To the satisfaction of the Chief of Police, provide additional lighting to that shown on the site plan at the fOllowing locations: Gate C, truck parking area, drop-off area, northwest parking, overflow parking, gate house, self-haul staging area, west parking, truck staging area, scales, grinder/shredder or on , the perimeter of the property. Enaineerina Division. Public Works Department 8. Pay, comply with or otherwise implement the following to the satisfaction of the City Engineer: A. Pay the fOllowing fees: i. Sewer connection ii. Traffic signal iii. Public facilities Development Impact Fees .' B. Dedicate a half width of 36 feet along the Maxwell Road frontage. C. Install two (2) 250 watt HPSV street lights on Maxwell Road. D. Install curb, gutter and sidewalk on Maxwell Road. E. Provide sufficient asphalt paving to provide a half-width of 36 feet on the east side of Maxwell Road. F. Obtain all necessary grading permits G. Obtain an encroachment permit for the monument sign in the public right-of-way. School Districts 9. Prior to issuance of building permits, pay all school fees to the satisfaction of the Sweetwater Union High School District and the Chula Vista Elementary School District. 4 - 6 - ro Resolution 1486 Page 4 1691 Fire Deoartment 10. Prior to the submittal of building permit applications, review the project with the Chula Vista Fire Department and implement their suggestions, to the satisfaction of the Fire Marshal. 11. Install fire hydrants at locations and of a type satisfactory to the Fire Marshal. 12. Install fire hose stations at locations and of a type satisfactory to the Fire Marshal. 13. Install fire extinguishers at locations and of a type satisfactory to the Fire Marshal. 14. Install a Knox Box or key gate switch to the satisfaction of the Fire Marshal. Miscellaneous 15. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from: A. City's approval and issuance of this Special Use Permit, B. City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and C. Applicant's installation and operation of the facility permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Special Use Permit where indicated, below. Applicant's! operator's compliance with this provision is an express condition of this Special Use Permit and this provision shall be binding on any and all of Applicant's!operator's successors and assigns. Execution and Recordation of Resolution of ADoroval 16. The property owner and the applicant shall execute this document by signing the lines provided below before a notary public, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this notarized document shall be recorded with the County Clerk of the County of San Diego, at the sole 4-6 -7 ;1692 Resolution 1486 Page 5 Department shall indicate the property owner's/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. In accordance with the provisions of Resolution 1486 of the Redevelopment Agency of the City of Chula Vista granting a Special Use Permit for the development of a Trash Transfer Facility at 1855 Maxwell Road the signator below declares that they shall abide by the provisions of the resolution. JOHN SEXTON SAND & GRAVEL CORPORATION /~ .-~ L -'tt . ~::;;<::e,~ Arthur Daniels - G.I3.o. President Date: ..6~b h6 / / SUBSCRIBED and before me this Ma~ 199/j. ~.4 / .~ J SWORN to 16th day of "OFFI IAL SEAL" ZENA RAYFORD NOTARY PUBLIC, STATE OF IlliNOIS MY COMMISSION EXPIRES 3/22/98 """"-...,........"-"'~ Submitted by Approved as to Form &-5~ Chris Salomone Community Development Director 4_b-~ 1693 Resolution 1486 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 19th day of March 199~ by the fOllowing vote: A YES: Members Padilla, Moot, Rindone, Alevy NOES: Member Horton ABSENT: None ABSTENTIONS: None .~/~ Shirley ~ Chairman ATTEST: &-'S:~ Chris Salomone Executive Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DmGO) ss: CITY OF CHULA VISTA) I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1486 and that the same has not been amended or repealed. Dated: March 20._ 1996 fA, Sd~ Chris Salomone 4-6-9 . :/ '8 ... . ?< ;: >- <!J a: w z w 't- ..0 'ww . ..,t- "0 en .n:: a. 'OIl113Ml<'v'W x - 'EXHIBIT B 1694 I-' o Z <!J 1ii w c / 4e- b - (0 COol'? <(ell ~5 Z.Ql o Ll. . ~ o o -J t- o W ., o a: a. ~ B ., B <; :z .....c:z REDEVELOPMENT AGENCY AGENDA STATEMENT REVIEWED BY: Item 6 Meeting Date 09/17/96 Resolution IS I to Approving an Owner Participation Agreement (Number TCI/OPA 96-1) with Mr. Vinod and Sailaja Kuruvadi for the remodelling of the building at 215 Third Avenue Community Development Dire~0.~ . Executive Director \ 1-.1. ~ _ ~ 00\ _, (4/5ths Vote: Yes No X) Council Referral Number: NIA ITEM TITLE: SUBMITTED BY: BACKGROUND: Mr. and Mrs. Kuruvadi are proposing to remodel the building at 215 Third Avenue located within the Town Centre I Redevelopment Project Area (see attached locator map). They are proposing to convert the existing single family residence, currently used as an accountant's office, into a dentist office. The Design Review Committee reviewed the proposed project and recommended approval. The Environmental Review Coordinator reviewed the proposed project and determined that the project is categorically exempt from environmental review as a class 1 (e) exemption. This proposal is being presented to the Agency for consideration and approval of the remodelling plans through an Owner Participation Agreement. RECOMMENDATION: That the Redevelopment Agency adopt a resolution entering into Owner Participation Agreement Number TCI/OPA 96-1 with Mr. and Mrs. Kuruvadi subject to the conditions listed in Exhibit B of the Owner Participation Agreement. BOARDSICOMMISSIONS RECOMMENDATION: The Design Review Committee reviewed the proposed project at its meeting of June 24, 1996 and recommended that the Redevelopment Agency approve the proposal subject to the conditions listed in Exhibit B of the Owner Participation Agreement (see minutes included as attachment 1). A copy of this report was forwarded to the Town Centre Project Area Committee members as an information item; no comments were received (no land use decision was required). DISCUSSION: Proiect Location The project site is at 215 Third Avenue located on the east side of Third Avenue between E and Davidson Streets. The site is currently occupied with a single family residence which has been used for commercial purposes as a telephone answering service, an accounting office, and an income tax office. The site is bounded to the north by retail outlets, to the south by a jewelry store, and to the east by a medical office building across a public alley. s- ( Proiect Proposal The proposed project consists of the demolition of an existing garage, used for storage of office supplies located toward the back of the property, and the addition of 576 square feet of office space. The project proposes major internal modifications to the existing structure to transform the existing floor plan into a medical-dental office floor plan. The internal modifications will provide patient examination rooms, a waiting room, rest rooms, a reception area, and doctors offices. The proposed alterations to the building exterior are intended to transform the appearance of the building from a single family house to a commercial building. The exterior alterations consist of adding a 3-foot stucco finished parapet around three sides of the building to create a more commercial and modern appearance and create a store-front facade similar to other facades in the downtown area. The parapet also functions as a screen for roof mounted equipment and partially conceals the existing hip roof. The proposal also includes the replacement of windows and doors, construction of a handicap ramp and rail that will extend from the parking lot at the back of the property to the main entrance at the front of the building, and new business identification signs for the front and back of the building. The parking lot at the rear of the building will be thoroughly improved by re-paving it, landscaping it, and adding two more parking spaces to the existing five spaces on site. Compliance with Citv Requlations The proposed remodelling project is found to be in compliance with the regulations established in the Town Centre I Redevelopment Plan, the Chula Vista Municipal code, and other applicable regulations. The proposed use for the one-story dentist office is consistent with the Central Commercial land use designation of the area. The site plan and the landscaping plan fulfill the specifications of City regulations. In terms of parking, the proposed plans call for the provision of seven parking spaces in a re-designed parking lot. Five spaces replace the existing spaces at the site; the remaining two spaces were required due to the addition of office space to the existing building. The plans presented in Exhibit A of the Owner Participation Agreement have incorporated all of the conditions (Exhibit B of the OPAl imposed by the Design Review Committee at its meeting of June 24, 1996, except the condition requesting that the Fine Arts feature be presented to the Committee for final approval. The applicant is in the process of finalizing the necessary material to present a Fine Arts proposal to the Committee at its meeting of September 23, 1993. FISCAL IMPACT: The valuation of the project is estimated to be approximately $86,603. This will generate approximately $866 in tax increment revenues for the Redevelopment Agency. Attachments: Locator Map Minutes of DRC OPA and Exhibits A and B Resolution [F1LE:\MZT DISK XI\A:\SMILEMKR.RPTJ :J~d..... --- CHULA VISTA PLANNING DEPARTMENT LOCATOR ~: Smile Makers PROJECr DESCRlI'I1ON: C) DESIGN REVIEW PROJECr 215 Third Av...... Request: Proposal for remodel & addition to an existing AllORfSS, building for denial. medical service. SCALE: FLE NUMBER: _ A\'" - ::? NORTH No Scale DRC.96-33 ., ~ ~ CJI!zu qJClfJE- !Blank 5-1 , ,~ " A TTA,CHMENT 1 MINUTES .OF A REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE Mondav. June 24. 1996 4:30 p.m. Conference Rooms 2 and 3 L. ROLL CALL MEMBERS PRESENT: STAFF PRESENT: Chair Spethman, Members Duncanson, Kelly, and Stokes Principal Planner Steve Griffin Assistant Planner Ann Pedder-Pease ROdriguez, ~ INTRODUCTORY REMARKS Chair Spethman made an opening statement explaining the design review process and the committee's responsibilities. He asked that all speakers sign in and identify themselves verbally for the tape. .. ~ APPROVAL OF MINUTES MSUC (Spethman/Rodriguez) (5-0) to approve the minutes of February 26, 1996. MSUC (Spethman/Kelly) (5-0) to approve the minutes of June 10, 1996 with a change to page 5, second paragraph. Sentence to read Member Stokes expressed concern about. the future signage on the north elevation as it relates to the other tenant. ~ PRESENTATION OF PROJECTS 1. DRC-96-33 Smile Makers 215 Third Avenue Remodel & addition to existin~ building for dental/medical services. Assistant Planner Ms. Ann P~der Pease presented the project to the Committee and, briefly went over the issues of concern that were expressed by the Committee at the May 13th meeting. She indicated that the major concern was the facia that was designed to conceal the existing pitched roof. Ms. Pedder Pease summarized the other concerns which included the windows, which had a residential appearance, circulation, handicap accessibility, and site plan issues. She indicated to the Committee that the site plan issues were unfortunately noticed very late in the process. She explained that there were two areas of concern. Ms. Pedder Pease pointed out that the existing site plan could not be approved without variances for the IS' driveway access and the backup space needed on the alley. Ms. Pedder Pease indicated to the Committee that the project architect has worked with staff and believes that he has addressed all issues of concern with the S-s- \ ~ATTACHM[NI 1 Design Review Committee 2 lune 24, 1996 exception. of the site plan issue. Due to the late notice on this matter, staff presented a few alternate solutions to the applicant's designer. She pointed out to the Committee that due to time constraints the architect has not been able to discuss the solutions with his client. Ms. Pedder Pease indicated that the solution includes moving the wall out to the property line, and losing 2 parking spaces. She mentioned that the client would have to pay in lieu parking fees. Ouestions of Staff Chainnan Michael Spethman asked about the landscape requirements for the parking area, and about a detail landscape plan for this project. Ms Pedder Pease stated that normally 10% of the parking area would be required to be landscaped. She pointed out that the only landscaping in the rear of the building are the planters around the wall, and indicated that no detailed landscape plan has been submitted. Member Mr. 10hn'Stokes asked what the parking space widths measure on the drawings. Ms. Pedder stated that the drawings depict 9 ft. widths for the parking stalls. Aoolicant Presentation The designer, Mario Gurisatti indicated to the Committee that Ms. Pedder Pease did a thorough presentation of the solutions they had achieved to address the concerns of the Committee. The architect expressed no concern with staffs recommendations. Mr. Gurisatti continued to briefly go over the solutions to the listed recommendations. He went on to address the issue that carne up about the maneuvering space from the back alley, and indicated that he wanted to propose a slightly different alternative to the sketch that was presented to the Committee by staff. Mr. Gurisatti indicated that they have 6 ft. to work with by moving the parking spaces further into the property and moving the back wall. He also pointed out to the Committee that it would eliminate another parking stall if he increased the 15 ft. wide driveway access to 24 ft. Committee Ouestions/Concerns , Member 10hn Rodriguez asked about the in-lieu parking fees. Mr. Miguel Tapia of the Community Development Department went over the issue as it relates to the downtown area. He stated that there are two parking lots close to the project site, and indicated that the in-lieu parking policy allows projects in a designated area to pay in-lieu fees instead of providing parking spaces even allowing a project to have no parking spaces. All Committee members agreed that they would like to see more maneuverability and landscaping in the parking area, even if it means losing a few parking spaces. Acting Senior Planner Mr. Luis Hernandez pointed out to the Committee and the applicant that one of the goals of the Town Centre Plan is to enhance the alleyways to make them more inviting from the public parking areas. The Committee members discussed the ~-&, \ --.... JA IT ACHMENT 1 Design Review Committee 3 June 24, 1996 possibility of moving the trash enclosure to allow for more landscaping and better vehicular. maneuverability. Chairman Spethman asked the architect about the framing, fascia, and planter materials, as well as g1azing, plant materials and irrigation proposed. The architect indicated that all window openings will be rep1aced, the glass is lightly tinted, the fascia is stucco in blush color, and the planter material is wonder board covered in stucco. Chair Spethman asked about the construction of the fine arts feature. Mr. Gurisatti stated that the construction would be off-site on one piece of wonder board with the mosaic over it. Member Kelly was concerned about the color of the building. She indicated that she would like to see the color of building coordinating with the fine arts feature. The project architect stated that he had no problem with staying with the aqua-marine & salmon colors as indicated on the plans. Member John Stokes expressed concern with the interior floor plan as it relates to the door clearances, and would like staff to be aware of this issue. Mr. Stokes asked if there was a buzzer and an overhang provided to the back door access. Mr. Gurisatti indicated that there is a 4 ft. overhang and a buzzer provided. Member Richard Duncanson wanted some clarification on the solution to the elevations. . The project architect explained that instead of corbeling the parapet, they developed instead an "angled extension" of the building facade. The purpose was to provide some stability to the parapet without compromising its continuity. Chairman Spethman mentioned to the architect that the renderings do not match exactly what he is proposing. Before the Committee's motion to approve the project, Mr. Luis Hernandez wanted to make a comment about what was presented as the fine arts feature to the Committee. He stated that the Town Centre Plan calls for a fine arts feature to be provided on all projects in the Town Centre~. He explained that the criteria indicates that the fine arts feature should present an architectural or urban design statement that is well integrated into the project architecture. Mr. Hernandez stated that it was staff's opinion that the particular solution that is being proposed, and the location shown on the plans do not fit that particular criteria. He expressed to the Committee that he would like to recommend that the fine arts feature be brought back to the Committee at a later date to allow staff to further discuss this issue with the applicant. MSUC (Spethman/Stokes) (5-0) to approve DRC-96-33 with conditions a-i, k, eliminate j, added conditions I - to delete 3 parking spaces from the original site plan proposal; , move the trash enclosure to allow for more landscaping and better vehicular maneuverability; the reviSed site design shall be in compliance with the parking and access requirements of the zoning ordinance; m - the exterior colors shall be as proposed on the plans (aqua-marine & salmon colored); n - the fine arts feature shall be brought back to the Design Review Committee for final approval, and will coordinate with the building color. Item four on the agenda was moved to item two because of the applicants' having to catch a plane. 5-7 'l:;: ~ gJ~E. !Blank s-? Recording Requested By: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 When Recorded Mail To: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 (Space Above This Line For Recorder) OWNER PARTICIPATION AGREEMENT MR. VINOD KURUV ADI AND MRS. SAILAJA KURUV ADI TIllS AGREEMENT is entered into by the CHULA VISTA REDEVELOPMENT AGENCY, a body corporate and politic (hereinafter referred to as "AGENCY"), and Mr. Vinod Kuruvadi and Mrs. SailiYa Kuruvadi (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 for the TOWN CENTRE Project; and, WHEREAS, said plans for development have been recommended for approval by said Committee; and WHEREAS, the AGENCY hereby approves' the development proposal as submitted by the DEVELOPER; and, WHEREAS, the AGENCY desires that said development proposal be implemented and completed as soon as it 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 568-071-03 located at 215 Third Avenue, attached hereto and by this reference incorporated herein. 3. The DEVELOPER covenants by and for himself, his 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 development proposal attached hereto as Exhibit "A" and on file with the AGENCY Secretary, as Docwnent No. RACO-15-96 (TCI/OPA 96-1). B. DEVELOPER agrees to obtain building permits within one year from the date of this Agreement and to actually develop the property within one year from the date of issuance of the building permits. In the event DEVELOPER fails to obtain such building permits within said one year, the approval of DEVELOPER's development proposals shall be void and this Agreement shall have no further force or effect. {FILE:MZT DISK XI\A:\SMILEMKROPA] 5-9 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 himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shaH be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, national origin or ancestry in the'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 foHowing language shall appear: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the foHowing conditions: That there shall be no discrimination against or segregation of, any person or group of persons, on account of race, color, creed, national origin, or ancestry, in the leasing, subleasing, transferring use, occupancy, tenure, or enjoyment of the premises herein leased, nor shall the lessee himself or any persons claiming under or through him, establish or permit any such practices of discrimination or segregation with reference to the selection, location, number or use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. " 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, common areas or other public facilities which benefit the real property, subject to this agreement, that 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 such amount to the AGENCY. The contribution will be used by the AGENCY for fme arts within Subarea I of the Project Area. The amount shall be determined by the CITY OF CHVLA 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 by the Design Review Committee and the Redevelopment Agency as described in Exhibit "B." 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 shaH, at DEVELOPER's sole cost and expense, maintain the Premises and all Improvements 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, [FILE:MZf DISK XI\A:\SMlLEMKR.OPAI S-IO 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 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 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, 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 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 dass condition. If he determines it is not, he (1) will notify the owners 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 owners. 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 and both parties shall be bound by this decision: 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 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 condition and repair, means Restoration which is necessary to keep the Premises and Improvements in efficient and attractive condition. First class condition is meant to include the reconstruction of the building in case of fire, earthquake, or any other natural destructive event; it includes repairing any damages caused to the building by individuals or machines; it includes removing any and all types of graffiti and/or any painted, or marked inscription on the elevations of the building by vandals, gangs, or other unauthorized individuals; it also includes the restoration or re-application of paint in whole or in part to the exterior surfaces of the building if the original paint or paint material begins deteriorating, chipping, peeling, cracking, or extremely fading; it also includes maintaining the landscaping areas in healthy and lush condition and any plant material that dries out or dies must be replaced by the same or better type and quality material; in addition, first class condition includes maintaining the exterior areas of the premises free of trash, dirt, and debris. These conditions will apply whether the building is occupied or vacant. [ALE:MZr DISK XI\A:\SMILEMKR.OPA] ,j- - (/ 8. 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. 9. 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 TOWN CENTRE 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 TOWN CENTRE REDEVELOPMENT Project Area. 10. 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. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA "AGENCY" Dated; By: Shirley A. Horton, Chainnan "DEVELOPER" Dated: ~ 2''1 \ '1 b By: Mr. Vinod Kuruvadi Dated; ~ ~ 'i. q(, ~.r By: ~ _ /Mrs. Saila Kuruvadi -~' '. APPROVED AS TO FORM BY: Ann Moore, Interim Agency General Counsel NOTARY; Please attach acknowledgment card. Town Center I (FILE:Mzr DISK XI\A:\SMILEMKROPA] s- - / d--- ~ State 0 f County of On 8'/a.~ 11 {.., IDATE) personally appeared -~~'(""Y" ~t;~~; " ,.. u f"'o..- @' 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 acknowl-edged 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 tile instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. (/>-"' ,5-/3 RECORD PAGES 1 & 2 ONLY. Page 2 of 4 ~ ~ ~ RIGHT THUMBPRINT (Optional) ~ . ~ . , ~ " o . o ~ RIGHT THUMBPRINT (Optional! ! % . , f ~ ~ . ~ CAPACITY CLAIMED BY SIGNERISI o INDIVIOUALISI o CORPORATE OFFICERS . ITlTLfSl o PARTNERISI 0 LIMITED o GENERAL o ATTORNEY IN FACT o TRUSTEEISI o GUARDIAN/CONSERVATOR o OTHER SIGNER IS REPRESENTING: (NAME OF PERSONISI 0" l'HTITYII(SlI: .... CJI'zu Pa;JE. !Blank! :s - (L{ : < "",;-.' "lO.' ~- J !l it ( , I...... I Il~ 1.-- t ~Itt 'f . I' ~ ~.. r '. '- , ----:;;.;;... -! i . , 1 @ @ e <:> o 01~ I" (! -( : I. .' ~ ~ I J I I I gl .~-=1 . . ~.I .( I I I' I i ~ t !- i i . K J , I ~ z:... f/J -\ I: {'3 o ~ \'I I" ~l ~g~t a ~ ~;~~ ! 114~! ; I ~~~~!1 ~ ~ eg f - ! ~i~~1 II ~ y ~ I ~ ~ f/9 ~ !\ !11~~1~ j$ t -~lIijii ij ~ mJ~":H8i Ii! ~ '" ~ i~ ~ ~~ll 19 ~ l~ I~ fj i~ ~ t ~ . ~ .- ; 'i ..~ -to ~ " o' . 0 .... ... ~ ( " " NEWSCHO<ll."1JF ARCHITECTUKE . l' I I I D~GN CUNIC Oi_~>-'I' 201 I. . 51 'f-" i249 F STREET, SAN DIEGO, ct. 9 I ..... PH. 2354100 EXr. 113 CALIFORNIA SMILES 15 3rd AVlII.C.V. I . ~ 1'111 0\ -"::;11' I ..". ~ i ('\\ <:\ =i \l' ~~ i{ II . III : ~ f 1.r I I ~~ ~ liD J ~t ~~ ~ l~oJ'u .~ la I, .~ i& I, ~II I ~ ~ ~ 1 g ~.'l . ' '"1 I I I ~ I t .- J i I l 1 i 1 I , l (jj t Ii I ,; l I~ I a \ ~ Ai j ij NEWSCHtJ<1l. -OF ARc11ITECTURE DESIGN CLINIC 1249 F STREET, SAN DIEGO, CA..,ZIOt . PH. Z3S-4100 Err. 113 ' ; . . i . l': II .... .All I rr I i I I ~ , IBIT A ,~ ,t ~ I . , , ~ . . .' . . - '" ~ t i ... ," ~ CALIfORNIA SMILES .ff- ( 215 3rd Ave. C.V. L ~ ! I . , ..- ... ~ . filiI /. l> ,,~;I~ ~ I ,.. . .: EXHfOlT- A ~ Ii.. L~ .. f . it ~. . . ..,.. 'I.. .. 1\ -!L.--1"--/-- ;;...-----f - - .::J.. J' Rtf Ii - ------ ....-- I. I .a r ~ . . :'~I~l ~ : i1J J ~~ i rt! I . l ~ , . t !Ii g t~... ~ ~s' " ~ .... I !f ~ l ~ i If ~ I ...l~! i .- t ~ ji I t ~ T t ~ ~ f ~~ ~ .... I c- .s. , i~ l-.-~L,.__ " i ~ ..~- I ~ ~ 0 ~ l B .... ~ " II ! .. ~ ,. T Sl . ~ 2- ~ [ . .. jr <II i ~ .. - ~ i ~ lil ... , NEWSCJ1tJ(JL?JF AlICHlTECTURE DESIGN CLINIC i249 F STREET, SAN DIEGO, Cl. 92101 PH. 235+4100 EXT. II3 CAUFORNIA SJ.-tILES 215 3rd Ave. C.V. I 5~(7- , .- ~ r' i J i ~ -,(.,.3 ~ I ",,~,-' ~" ',1'" t .l:;',.. i I...}';';' :,'Ii .n.;:.-{} '.f ". .1.-:. i I~V' I! ;B:.~,:~~,:. "1, ..:.... :~o: t.:~. .i:F,. '1,'1'" :( . L. .t'; .1.': , J :t .: .0 .."::":;: !( ! ~ . o. ...t...,.... : .:j". .-~J::~,:~~.' ;'1 i", .' ~-. , .0 ~i:.n./;.N . I;, ,:+,,;:' I' i it ~ ! : I , ~ i i i , - ~ ~ 8 z:. ~ ~ ~ to .: --+-- - ...-.....--..... I. "- !~ .-'~\ , ~~ i Ii II h II I ~ I , ! f t . ! I J r i ~ , I ~ f ~Q! ~ g!~ NEWScHl5IJL'lJF ARCHlTECl'URE DESIGN CLINIC iit19 F STREET. SAN DIEGO, CA. 92101 PH. 23:l-41(J(J EXT. 113 .... u.:.' ,;.' I a G .l: f: (1 r.', I L- .I t: L r. r ~ , ~ I' ~ // '! i ! a "- ! ~ I i 1 G I e J "l , B Ili 1 I (9 <.--/....--....... e e y.-G IIW CALIfORNIA Sl-fILES 215 3rd Ave. c.v. I , 'I! iii' Ii! Il 'i!! Ii'; IP II! tj II' I ~ i I I I . : il; H!:r~ t H-H-.f ,- . . A v~ R . :i!H f J-r- J. ,;;' I ~ ,I".. : .. ~ -' . ' I u~uq I-i - - . - ;t f i : - - ..~HI I ~. · r~~iIIIL,1 "1 1 't: ~ I'll' \J "t:.;I}r(#t I ~. ~; O_'.""__._.~".'_.._o_.,o_.._.. .- .' ...:. e -------P'..tt____ _ _ --+_.~ ,/.. ill ~ @ i ~ ~ , It I @ , ~i .....1 @ i I 'If i I 141 I. ~i . ' II e ~II - t .'( I II i If : I, , . 1511 Ii If I "- - ! il I I i 1 ~ '- $l~ \ ~,~...-- --1 1 ~ "- I (j) . - ------ <# ..:C'__ ~J. . .. ...:.,.. _. . . ,~~ ' ~.:,----- ---------- -3 , NEWSCH(J(Jt. "OF.ARC1llTECTURE . DESIGN CLINIC jj49 F STREET, SAN DIEGO, C4. 92101 , PH. Z35-4I()() EXr. III CAUfOR.NIA SMILES 215 3rd Ave. c.v. .- -5-1-9.- I , .., ~ P~E. !BLan.k! .s - if-() EXHIBIT B Conditions of Approval Owner Participation Agreement Mr. and Mrs. Kuruvadi 215 Third Avenue Chula Vista, CA CONDITIONS OF APPROVAL a) All sides of the building shall be similarly treated, particularly with respect to the parapet treatment. This treatment shall be carried around three sides of the building, excluding the southern building elevation. b) A sketch shall be provided to indicate how the parapet is proposed to be finished. c) Windows along the west elevation shall be re-designed to achieve a more contemporary, less residential look. d) Some form of structural support shall be provided for the parapet, with corbels being one possible solution. e) Prior to submitting plans for plan check, provide a sketch of the building to show how and if, the parapet treatment effectuates the pitched roof being visible from the street, the parapet treatment effectively conceals the pitched roof from the street. f) A design solution shall be provided for the windows on the north elevation compatible with the design solution for the west-facing windows. g) Prior to submitting plans for plan check provide an alternative design for the new roof drainage. A potential solution to the exposed downspout could be to corbel the parapet. h) A possible solution to the proposed parapet design not relating to the adjacent building could be to drop the parapet and have it read more as a facia to the existing roof, enhanced with a relief treatment or other detail. i) Provide an alternative design for the business sign at the rear of the property to comply with Section 19.36.040(8) of the Municipal Code. .5 ~ ;;?-- ( EXHIBIT B Conditions of Approval Mr. and Mrs. Kuruvadi Page 2 j) Revise the site plan as follows: a. Delete 3 parking spaces from the June 24 site plan proposal. b. Move the trash enclosure to allow for more landscaping and better vehicular maneuverability. c. The revised site design shall be in compliance with the parking and access requirements of the zoning ordinance. k) The exterior colors shall be as proposed on plan (aqua-marine & salmon colored). I) The fine arts feature shall be brought back to the Design Review Committee for final approval. The fine arts feature will coordinate with the building color. The property owners/applicants shall execute this document by signing the lines provided, said execution indicating that the property owners/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' /applicants' desire that the project and the corresponding application for any and all City permits be held in abeyance without approval. Owner/Applicant Owner/Applicant ~QJJfry Vinod uruvadi 1-5'"-16 4- ",' L.K~---t Date Sailaja Kuruvadi [FILE:\MZT DISK XI\A:\215THIRD.CONI ,6- - ;J.. d--- RESOLUTION IS ( G:, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT (NUMBER TCIIOPA 96-1) WITH MR. VINOD KURUVADlAND MRS. SAILAJAKURUVADI FOR THE REMODELLING OF THE BUILDING AT 215 THIRD AVENUE WHEREAS, Mr. and Mrs. Kuruvadi are proposing to remodel the building at 215 Third Avenue located within the Town Centre I Redevelopment Project Area; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project and has determined that the project is categorically exempt from environmental review, Class l(e); and WHEREAS, the Design Review Committee has reviewed the proposed project and has recommended that the Redevelopment Agency approve the proposed project subject to the conditions listed in Exhibit B of the Owner Participation Agreement; and WHEREAS, the Redevelopment Agency of the City of Chula Vista has been presented an Owner Participation Agreement, said agreement being on file in the Office of the Secretary to the Redevelopment Agency and known as document RACO-15-96 (Town Centre I OPA 96-1), approving the remodelling and addition to the building at 215 Third Avenue and depicted in Exhibit A and subject to conditions listed in Exhibit B of said agreement. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The proposed project is consistent with the Town Centre I Redevelopment Plan and shall implement the purpose thereof. 2. The Chairman of the Redevelopment Agency is hereby authorized to execute the subject Owner Participation Agreement between the Redevelopment Agency and Mr. Vinod Kuruvadi and Mrs. Sailaja Kuruvadi. 3. The Secretary of the Redevelopment Agency is authorized and directed to record said Owner Participation Agreement in the Office of the County Recorder of San Diego, California. Presented by; Approved as to form by: ~~ Chris Salomone Community Development Director [FILE:\MZT DISK XI\A:\SMILEMKR.RESl .:;5 - c:23 ", fJI!zu 5Pll9E. !Blank! s-;)-c; REDEVELOPMENT AGENCY AGENDA STATEMENT Item Meeting Date 09117/96 G ITEM TITLE: Public Hearing: To Consider DRC-96-42; Deviation from the Otay Industrial Park Precise Plan GiJidelines for Pick-Your-Part Auto Recyclers Located at 880 Energy Way in Chula Vista Resolution (:5 (r Approving DRC-96-42 Including Deviations from the Otay Industrial Park Precise Plan Guidelines SUBMITTED BY: Community Development DirectoC-S, Planning Director REVIEWED BY: Executive Directo'fj!' (4/5ths Vote: Yes_ No.lLJ BACKGROUND: Pick-Vour-Part Auto Recyclers have located at the easterly end of Energy Way within the Otay Valley Road Redevelopment Project Area (See map, Attachment 1). The company plans to make extensive improvements to the frontage of the 15 acre parcel they lease, including a 65 square foot pole sign and a 10ft, high sheet steel fence for security purposes. However, the sign and fence, as proposed, are not allowed under the precise plan for the industrial park. The Agency is requested to hold the required public hearing and adopt the Design Review Committee's recommendations which appear under the Boards and Commissions section below. RECOMMENDATION: That the Redevelopment Agency hold the public hearing and adopt resolutions approving DRC-96-42 including deviations from the Otay Industrial Park Precise Plan for Pick-Vour-Part Auto Recyclers conditioned on the continued maintenance of proposed landscaping. BOARDSICOMMISSIONS RECOMMENDATION: The Design Review Committee (DRC) reviewed the company's request to construct metal fencing and signage which exceeds City and Agency standards at their meeting of July 8, 1996. The DRC continued the request to the meeting of July 22, 1996 to allow members ample opportunity to view the wall and proposed location of the sign. On July 22, the DRC unanimously adopted a motion recommending that the Redevelopment Agency approve DRC-96-42 with the condition that the sign area be limited to 64 square feet and, further, that the Precise Plan Guidelines be amended to allow a larger sign area and a greater variety of fencing materials. The minutes of the DRC meetings are presented as Attachment 2. DISCUSSION: Pick-Vour-Part Auto Recyclers (the "Applicant") is one of the largest auto recyclers in the State. Ecology Auto Wrecking, also located on Energy Way, is their principal competitor. Approximately one year ago, the company located on the 15 acre parcel at 880 Energy Way. The company proposed extensive improvements to the frontage of the property including landscaping of the off- street parking, new perimeter fencing and signage, and a metal security wall separating the parking lot from the storage yard. Signage and fencing are controlled by the Precise Plan Guidelines for the industrial park (Attachment 3). The Plan for this area was approved by the City Council in 1979 and amended in 1994. The Precise Plan requires that all fencing visible from the street shall be constructed of wood or block. The applicant proposed to erect a stucco fence along the frontage to the east and west of their parking lot, and sheet steel fencing across the rear of the parking lot, approximately 200 feet from the street. Extensive landscaping is also proposed in the parking lot and directly in front of the metal fence. fa - ( Page 2, Item &> Meeting Date 09/17/96 Since there was an approved wood fence in place along the street frontage screening the parking and proposed steel fence, the Applicant's proposal met Precise Plan guidelines. The steel fence was, in fact, constructed with City approval approximately four months ago. However, the Applicant later took down the existing wooden fence, thus exposing the parking and steel fence to public view which deviates from the Precise Plan, and would require either replacement of the metal fence or construction of a new wooden fence. The Applicant is requesting a deviation on the basis that the amount of landscaping proposed will adequately screen the parking area and the fence. In addition, the applicant proposed to erect a 35 foot high pole sign in front of the property with a sign area of 150 square feet. The Precise Plan guidelines call for a maximum height of 12 feet and maximum sign area of 50 square feet for pole signs. The Applicant indicated that the interior location of the property at the end of Energy Way necessitates greater signage to draw customers. At their July 8 meeting, the DRC indicated concerns over the surface appearance of the proposed 10ft. high steel fencing and pole sign. In response to the DRC's concerns, the Applicant resubmitted plans to reduce the pole sign to 12 feet in height and 92 square feet in sign area. After a second review of the Applicant's request on July 22, the DRC concluded that the distance of the steel fence from the street and the proposed landscaping in the parking lot and against the steel fence was far in excess of what was required and provided more than adequate screening. Since the remainder of the frontage of the property will be enclosed by a block wall, the DRC recommended a deviation from the Precise Plan guidelines to allow steel fencing. The DRC further proposed a Precise Plan amendment to allow more fencing materials including, solid metal, slatted chain link or similar fencing provided it is located at least 100 feet from the street frontage and screened from public view by landscape planting. Concerning the sign age issue, the applicant stated that many of the business identification signs currently displayed in the industrial park consist of two standard 4' X 8' panels totalling 64 square feet of sign area which exceeds the 50 square feet allowed under the guidelines. It was recommended that the Applicant reduce the proposed sign to 64 square feet which should provide adequate public visibility. Staff concurs and further recommends that the guidelines be amended to increase the maximum sign area from 50 feet to 64 feet. However, amendment of the Precise Plan Guidelines will require a public hearing before the Planning Commission and approval by the City Council. In order not to delay improvements to the Pick-Your-Part site, the Agency is requested to hold a public hearing which City codes require in order to grant a deviation from Precise Plan guidelines, and approve the Design Review Committee's recommendations which will allow Pick-Your-Part to proceed with the condition that the metal fencing be permitted as long as the landscaping is in place and adequately maintained. The City's Environmental Review Coordinator has reviewed the project and has determined that it qualifies as a Section 5(a) exemption under CEQA and does not require further investigation of environmental impacts. FISCAL IMPACT: There is no direct or measurable financial impact from the proposed actions. Pick-Your-Part Auto Recyclers have paid for all costs associated with processing this request. (FK) M:\HOME\COMMDEV\STAFF.REP\09-17.96\PICKPART [September 10, 1996 (4;51pm)] ~-d- /-- OTAV INDUSTRIAL PARK PRECISE PLAN GUIDELINES --.---------t- ATTACHMENT 1 /' . .~ .--- -- ------ --- -- '" .. -.&- --- -- ------ - -- ------------ - . . I ~ o OTAYINOumLU.ARK .. SPEOAlltEGUIATIONSlElATEO ;" TO.AVlNGAPPUCABLE .,..... ,.. CBULA VISTA PLANNING DEPARTMENT C) APPLICANT: CitY- of Cbula Vista PROJECT DESCRIPTION: . Parks " Recreation >>Cpt. Otay Industrial Park Precise ADDllesS: OTAYINDUSTJUALPARK Plan Guidelines SCALE: FILE NUMBEIl: ~ -3 NORTH t" .. 800' PCM - 94 -23 JAN--05-'OO THU 14:09 IP: TEl... NO: '10 .......... Y1ftMD .va .... J.W. MIIOA >>ON ww ......._""". n._ _....t"Y U'l__l""l ....... .,,""" oooaJONWlIOllOII ....-...::g I I fl... .: ~......... .... ....'. l ~:';:'::';':"':' tl- ::-....::. : . .... .... ~: ~.. .. i I I id.111 \; 1 L.hllli: I. . l!J..... .... " " :; II. . ,. *',. il III I!I II ~ !I j i I t .\- I ~ to-4 11006 P02 .. - .... ~ .. J . " I \ ! I t .. J (: ~ ~ KINUTES OF A RBGULAR XBBTING OF TKB DBSIGN REVIEW COMKITTBB ATIACHMENT 2 DRAFT Mondav. Julv 22. 1996 4:30 p.m. Conference Rooms 2 and 3 L. ROLL CALL MEMBERS PRESENT: Chair Spethman, Duncanson Members ROdriguez, MEMBERS ABSENT: STAFF PRESENT: Stokes and Xelly Principal Planner Steve Griffin Assistant Planner Ann Pedder-Pease ~ INTRODUCTORY REMARXS Chair Spethman made an opening statement explaining the design review process and the committee's responsibilities. He asked that all speakers sign in and identify themselves verbally for the tape. ~ APPROVAL OF MINUTES MSC (Spethman/Rodriguez) (3-0) to approve the minutes of June 24, 1996 ~ PRESENTATION OF PROJECTS 1. DRC-96-45 Park P]R7~ 310 Third Avenue Si~n Modification Applicant requested continuance. MSC (SpethmanlDuncanson) (3-0) to Continue DRC-96-45 to the Meeting of August 28, 1996. &., -s- De.iqn aeview 2 July 22, U!16 2. DRC-96-42 Pick Your Part Auto Recyclinl 880 EneriY W~ Request to deviate from the Precise Plan by addinl! a nole si~n and fencinl1 Staff Presentation Assistant Planner Ann Pedder Pease gave an overview of what was proposed at the last meeting which consisted of a 35 ft. high, 150 sq. ft. pole sign and 10 ft. high steel fencing. She reminded the Committee that the design guidelines limit pole signs to no more than 12 ft. high and 50 sq. ft. in area, and fencing along the street is limited to 6 ft. high wood or block. Ms. Pedder Pease went over the concerns the Committee had previously expressed and then went on to ~lain the revised proposal. She pointed out to the Committee that the applicant is now proposing to move the sign location to the end of the cul-de-sac, with a reduction in height to twelve feet, but the proposal still exceeds the maximum allowable area by 42 feet. Ms. Pedder Pease stated that the revised proposal is in accordance with the copy area restrictions in that it has been modified not to extend beyond the sign edge, but has been incoIporated into the single rectangular copy area. Addressing the concerns of the appearance of the steel wall, Ms. Pedder Pease stated that the applicant indicated that he had investigated but rejected the stucco coating for the wall because it is very difficult to maintain. She mentioned that the applicant has increased the density of the landscaped screening and proposed the use of a neutral color matte finish rather than the gloss finish with orange stripe previously proposed for the wall Ms. Pedder Pease stated to the Committee that Staff believes that the landscape plan, along with the setback of the wall and the new finish proposal, provides a good screening solution meeting the intent and objective of the design guidelines and should be approved. She also indicated that Staff further recommends that a similar solution should be available to the other properties covered by the Precise Plan guidelines, and recommends amending the Fencing Guidelines. Staff also recommends that the guidelines be amended to allow the affected properties to be able to increase their sign area to 64 sq. ft. Public Innut loe Kellejian of 800 &, 825 Energy Way, Ecology Auto Wrecking, stated that he was representing 27 property owners in the area. Mr. Kellejian indicated that all the surrounding P10pe..ty owners signed a petition opposing the 35 ft. high pole sign and the 10 ft. wall. He mentioned that he, personally, did not have a problem with the wall with heavy screening, but would like to see a date specific for the landscaping plan to be put into effect. Mr. Kellejian did concur with staff as to the restrictions of the sign area. He opposes the 92 sq. ft. proposal, but does not mind allowing 64 sq.ft. He also reminded the Committee that there is a directory sign at the entrance to the area. ~-" n..iqn Revie. 3 July 22, U!16 Apnlicant Presentation Michael Schrock, with Tapia Associates, addressed the Committee by indicating that Pick Your Part does agree with everything that had been said up to this point. He stated that the reason they moved the sign to the end of the street was because it was more visible at that location due to the landscaping along the street. Mr. Schrock went over the proposed wall and the upgraded landscape plan. He mentioned to the Committee that the applicant would like to keep the copy size of the sign, but would be flexible on the 92 sq. ft. proposed sign area. . Chairman Michael Spethman asked Mr. Schrock if the applicant had any concerns with stafrs recommendations on the fencing. Mr. Schrock responding that there were no problems at all. Committee Discussion Member Richard Duncanson questioned the allowable copy area compared to background for signage. Staff went over the design guidelines as it pertains to the sign area and copy area. Members questioned the letter size on the sign. It was noted that the letters being proposed were 30 inches. Chairman Michael Spethman questioned the paint material proposed for the metal fencing, and asked if some sort of graffiti sealant could be applied to it. Mr. Schrock continued and explained the fencing proposal, indicating that there is not a graffiti problem in that area, but that they would apply a graffiti sealant on the wall if recommended by the Committee. Member John Rodriguez expressed concern. with the location of the sign. Mr. Jim Cook explained the layout and the use of the entire property. Followed were discussions on the sign location. MSC (SpethmanlRodriguez) (3-0) to approve DRC-96-42 with the conditions on fencing la-d listed in the staff report, and added conditions to read as follows: e - all illegal signs are to be removed; f - a graffiti sealant shall be applied to metal fencing material; g - the entrance and exits signs to be reviewed and. approved at staff level; h - amendment to the sign guidelines to reflect that the sign area be limited to 64 sq. ft. 2. DRC-97-01 Rancho Del Rey Parcel 6 Off Buena Vista Way between East J Street & Teleeraph Canyon Rd. 255 unit condominium prQject Staff is recommending continuance of the project to the meeting of August 12, 1996. MSC(SpethmanlRodriguez) (3-0) to approve continuance. (,-7 De.iqn Review << Ju17 22, llIU Eo ELECTION OF OFFICERS It was recommended and voted unanimously that John Rodriguez will be Chairman, and Richard Duncanson will be Vice-Chairman for the fiscal year 96/97. L ADJOURNMENT Meeting adjourned 5:47 p.m. 1_~'<.#hYJ ~,<2if Maur n Casper, Recorder -~ ~-? AITACHMENT 3 PRECISE PLAN GUIDELINES FOR THE OTAY INDUSTRIAL PARK Mav. 1994 1. Fencin!! Fencing shall consist of the following: a. All fences visible from the street shall be of a view-obscuring wood design or block wall construction. Block wall colors shall complement or match building colors, and wood will be limited to natural or stained in opaque or semi-opaque. b. Perimeter fencing - minimum 8 feet high wood on west property line of subdivision; minimum 6 feet high wood adjacent to Otay Valley Road; minimum 6 feet high chainlink elsewhere. . . c. Interior fencing: Front: 6 feet high wood or block. Side: 6 feet high chainlink, dark colored metal or wood. Slats for screening may be required depending on adjacent land use. d. Gates - Slatted chainlink or solid wood (minimum 6 feet high). 2. Parkin!! All parking areas visible from the right-of-way shall be screen planted in accordance with the City of Chula Vista Landscape Manual. 3. Pavin!! of Off-Street Parkin!! and ODen Use Areas for Selected Parcels Alon!! Ener!!V Wav (excludin!! oarcels with fronta!!e on Nirvana Avenue) A. All customer and employee parking and circulation areas, and vehicle and equipment storage areas other than those noted below shall be paved and striped in accordance with the City standard for Permanent Use. B. All temporary customer parking areas used no more than once per week, and all open vehicle and equipment storage areas associated with an approved auction or auto recycler within the areas on Energy Way indicated on Exhibit B may be paved in accordance with the City standard for Temporary Use and need not be striped . 4. lAindscaoin!! All periphery areas adjacent to the public right of way shall be landscaped and maintained in accordance with the approved landscape plan for the Otay Industrial Park and the Chula Vista lAindscape Manual. Irrigation plans shall be required concurrent t, - 9 Guidelines for the Otay Industrial Park Page 2 with the submission of building or development plans. Interior slope banks which have been stabilized with native ground cover may require additional tree planting and irrigation. "Skinned" or barren slopes will require planting in accordance with the approved plan for Otay Industrial Park. 5. Architecture a. Block buildings shall be constructed of slumpstone, split face, and squeeze joint styles of block in whites, plain, tan, browns, ochres, and gray green colors. b. Pinks, pastel greens or other loud, garish colors are not acceptable. In no case shall block buildings be painted in gloss colors. c. Pressed steel buildings shall adhere to the aforementioned conditions and are encouraged to be two-tone or tri-colored. In no case shall gloss paints be used. d. Fences, walls, and structures shall be color coordinated on each site. e. Corrugated metal buildings are specifically prohibited. f. Commercial coach trailers may be authorized as permanent office space by the Zoning Administrator subject to: (1) Compliance with uniform building code as a Group "F" occupancy. (2) No more than one double-wide coach shall be located on each lot. (3) Each coach must have two exits, providing an approved landing and porch area (minimum 5 feet any direction). (4) Units shall be fully skirted to the ground. 6. Loading Docks Whenever possible, loading docks shall be located at the rear or side of buildings. 7 . Signs a. No billboard or outdoor advertising will be permitted. All sign frames shall be of standard design and shall be designed as an integral element in the architectural design of the facility. 0-(() Guidelines for the Otay Industrial Park Page 3 b. Design standards - (See Exhibit A) c. Wall signs - Maximum area of 10% of the wall area on which the sign is mounled. d. In addition to wall signs, each lot may install either a pole or ground sign based on the following: (1) Pole signs - Maximum height 12 feet; maximum sign area, 50 sq. ft. (2) Ground signs - Maximum height 5 feet; maximum sign area, 50 sq. ft. (Sign may be attached to fence.) 8. Zoninl! Administrator Authorization The Zoning Administrator is authorized to approve industrial developments in the Otay Industrial Park where such industrial developments involve no building containing more than 5,000 sq. ft. ~ - II Guidelines for the Dtay Industrial Park . Page 4 EXHllilT A DTAY INDUSTRIAL PARK TENANT SIGNING Suggested materials; 6" X 6" re-sawn redwood integral frame and posts 5/8" re-sawn redwood ply woodlifed Suggested letter style/color: Helvetica - Black Placement/location: In front of or behind fence, near entrance, within 50 feet. Copy: All copy to be kept within specified margins. Copy limited 10: Name, address Hours Phone number Logo Proprietor's name Logo type and logo style permitted All signs are single faced. All supporting copy shall be helvetica, medium black Sizes of modular sign face are flexible to the needs of the tenant. Possible examples: to - ( :J--- .. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Redevelopment Agency of the City of Chula Vista, California, will hold a public hearing to consider granting modifications from the Otay Industrial Park Precise Plan Guidelines for fencing and signage to: Pick-Your-Part auto recyclers located at 880 Energy Way to allow the construction of a 10ft. high metal fence located along the southerly edge of their parking lot, and a 65 sq. ft. pole sign. Copies of related documents are on file in the Office of the Director of Community Development. THE PUBLIC HEARING WILL BE HELD BY THE REDEVELOPMENT AGENCY on Tuesday, September 17, 1996 at 6:00 p.m., immediately following the City Council meeting,in Council Chambers, Public Services Building, 276 Fourth Avenue, Chula Vista, at which time any interested person may appear. You may present any information on this matter at the public hearing or in written correspondence delivered to the Community Development Department, 276 Fourth Avenue, Chula Vista at or prior to the public Hearing. Any petitions to be submitted to the Agency must be received by the Community Development Department office no later than 5:00 p.m. one (I) day prior to the hearing date. If you wish to challenge the Agency's action of the proposed modifications from the Otay Industrial Park Precise Plan Guidelines in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Agency at or prior to the public hearing. If you have any questions, please contact Fred Kassman at 691-5047. {k~_. Chris Salomone, Community Development Director Date: August 28. 1996 ~ -(3 ", ~ fPa:JF- !Bla.n.k! c'-f,y RESOLUTION NO. ISf1 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING DRC-96-42 AUTHORIZING A DEVIATION FROM THE OTAV INDUSTRIAL PARK PRECISE PLAN FOR PICK-YOUR-PART TO CONSTRUCT A 10-FOOT HIGH METAL FENCE AND 64 SQUARE FOOT FREESTANDING SIGN WHEREAS, Pick-Your Part auto recyclers (the Applicants") have leased property located at 880 Energy Way within the Otay Industrial Park which is within the Otay Valley Road Redevelopment Project Area; and WHEREAS. improvements within the industrial park are governed by the Precise Plan Guidelines, approved by the City Council in 1979 and amended in 1994, which supersede the Otay Valley Road Implementation PlanlDesign Manual addendum for the Otay Industrial Park; and WHEREAS, the Precise Plan Guidelines limit fencing materials to block or wood when fences are in public view, and limits pole signs to a height of 12 feet in height and 50 square feet in sign area, and WHEREAS. Pick-Your-Part has requested a deviation from the fencing and pole sign restrictions; and WHEREAS, the Design Review Committee (DRC) reviewed the Applicants request on July 8 and July 22, 1996 and recommended that a deviation from the Precise Plan Guidelines be granted to allow steel fencing and a freestanding pole sign 12 feet in height with a sign area up to 64 square feet; and WHEREAS, the DRC further recommended that the Precise Plan Guidelines for the Otay Industrial Park be amended to allow more fencing materials including solid metal, slatted chain link or similar fencing provided it is at least 100 feet from the street frontage and screened from public view by landscape planting; and WHEREAS, the DRC recommended that the Precise Plan Guidelines be further amended to increase the allowable sign area from 50 square feet to 64 square feet; and WHEREAS, the Redevelopment Agency approves recommendations by the DRC for modifications from approved design guidelines within the Otay Valley Road Redevelopment Project Area; and WHEREAS, the Agency desires that Pick-Vour-Part undertake improvement of their property without delay; and WHEREAS, the proposed action has been determined to be categorically exempt from environmental review under Section 5(a) of CEQA. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista finds as follows: 1 . The modifications are consistent with good design principals and will not adversely impact surrounding properties. {; - ( ~- RESOLUTION Page 2 2. The modifications satisfy the principle for the application of the P modifying district set forth in CVMC 19.56.041. 3. The modifications are consistent with the purpose and application of the Precise Plan Guidelines. 4. The modifications are therefore considered to be consistent with the General Plan and Redevelopment Plan. BE IT FURTHER RESOLVED that the Redevelopment Agency of the City of Chula Vista hereby approves: 1 . The recommendation of the DRC to allow a modification from the Precise Plan Guidelines forthe Otay Industrial Park for Pick-Vour-Part auto recyclers located at 880 Energy Way to allow 1 O-foot high steel fencing, located and suitably landscaped at the approved location on their property subject to the continued maintenance and restoration of the landscaping. 2. The recommendation of the DRC to allow Pick-Vour-Part to construct a 12 foot high free standing sign with a maximum sign area of 64 square feet at a suitable and approved location on their property is hereby approved. BE IT FURTHER RESOLVED that the Redevelopment Agency hereby: 1 . Recommends that staff process an amendment of the Precise Plan Guidelines for the Otay Industrial Park through the Planning Commission and City Council. Presented by Approved as to form by r~,s;~ Chris Salomone Director of Community Development -- Ann Moore Acting Agency Attorney [(FKI M:\HOME\COMMDEV\RESOS\PICKPART {September 10,1996 (4:48pm)] ro-(~ UK(;-!jb-41 Label 9fll 300' H. G. Fenton Material Co. P.O. Box 64 San Diego, CA 92112 Otay Industrial Park 1311:La Palma Street #3 San Diego, CA 92109 Alavian Abdolla H & Gity 895 Energy Way Chula Vista, CA 91911 Pick Your Part Auto Wrecking 1301 E. Orangewood Avenue #130 Anaheim, CA 92805 Takashima Katsumi J. TR 366 Surrey Srive Bo~ita, CA 91902 McCormack James H & June 1981 Trust P.O. Box 598 Spring Valley, CA 91976 Chula Vista Sanitary Service P.O. Box 26105 Fort Worth, Texas 76116 Site Scapes 130 Newport Center Drive Suite 210 Newport Beach, CA 92660 ATTN: Michael Schrock , ~M; fl~ +0 ~ rv~ f!.J PM ~~~1 SNMB LTD. Partnership c/o Patrick Patek 32 Lookerman SQ #L100 Dover, DE 19901 Justus Jay E & Beth J 13276 Norcroft Road San Diego, CA 92130 Consolidated Freightways Corp. P.O. Box 3301 Portland, OR 97308 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Redevelopment Agency of the City of Chula Vista, California, will hold a public hearing to consider granting modifications from the Otay Industrial Park Precise Plan Guidelines for fencing and signage to: Pick-Your-Part auto recyclers located at 880 Energy Way to allow the construction of a 10ft. high metal fence located along the southerly edge of their parking lot, and a 65 sq. ft. pole sign. Copies of related documents are on file in the Office of the Director of Community Development. THE PUBLIC HEARING WILL BE HELD BY THE REDEVELOPMENT AGENCY on Tuesday, September 17, 1996 at 6:00 p.m., immediately following the City Council meeting,in Council Chambers, Public Services Building, 276 Fourth Avenue, Chula Vista, at which time any interested person may appear. You may present any information on this matter at the public hearing or in written correspondence delivered to the Community Development Department, 276 Fourth Avenue, Chula Vista at or prior to the public Hearing. Any petitions to be submitted to the Agency must be received by the Community Development Department office no later than 5:00 p.m. one (I) day prior to the hearing date. If you wish to challenge the Agency's action of the proposed modifications from the Otay Industrial Park Precise Plan Guidelines in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Agency at or prior to the public hearing. If you have any questions, please contact Fred Kassman at 691-5047. {h~-, Chris Salomone, Community Development Director Date; August 28. 1996 (:-t'i PROJECF LOCATION CHULA VISTA PLANNING DEPARTMENT LOCATOR PROJECT Pick Your Part PROJECT DESCRlI'IlON, C) APPUCANT' DESIGN REVIEW . Aulo Wrecking PROJECT 880 Energy Way Request: Proposal 10 deviate from the Precise Plan adopted ADDRESS, by council resoluHon, with 0 proposed pole sign and steel SCALE, FIlf NUMBER: fencing. NORTH No Scale DRC-96-42 SUPO-93-13 ~- :-~ ""....._.,',"''''''"'c.~^,'~,..,..:,. ."",~"'''''''''~''''' . "'_', .~ ...~.~, _. '.., "'~ ":~';" _ . J'.-, ,.. . / CASE NUMBER: ()u. - OJ ( ... ......z., ( <;I,)po- "I.. -(~ e1 ADDRESS: e~' !;VI...rc. ,. I. \~ <, RADIUS: 3...,,' . ' . l / ~~\?q{tl DATE: '-- '? _ <l '- ( \ lOOK PAGE PAR. BOOK PAGE PAR. BOOK 'PAGE PAR. BOOK PAGE PAF ~ It ~ oro b .I.P . . . . . . . . . . , . I . . . . . , . I . T . . . , . I . . . . . . I . . () ? . . . . . . . () ~.o D,+- . . . . . . . . . l ~ "1- 0 ) . . . , 0 (, . . . . . . . . . . . . , o'{- . . . . '. . . 0'& . . . . . D"i . . . . . . . . 14 I . . . . . . . . . . . . . ( ~ . . . . . . . I Ie . . . . . . . . l:-;l . . . . . . . . . . . . . . . . . . I~ '. . . . . . . . . '. . . . ~ . '. . . . . L_ PROJECT TITL.lI:.1.;. \Ib""" 'PMI'" ~v-l1> IJ"",.,,,,Cl ~ '~-~'-",.""""",....-,,-,.....--, ...,.",.......""""""'.."..".,.,,'''"'., ~ 0 _~ ~.',' 0_ , ---"""~ ~f~ ~~ ~---- -~ -~ - - OlY OF CHUlA VISTA COMMUNITY DEVELOPMENT DEPARTMENT FAX # (619) 476-5310 TElEFAX COVER lETTER COMPANY: ~k N~s tft~ - &~ ~p 'Kr~&-0L, ~ (Includes this cover page.) ATTENTION: FROM: DATE: PAGES: FAX#: q..~ (p - 6 .3 4 to Message: It all pages are not received, please call (619) 691-5047. 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 920101(619) 691-50<7 ~V~ :-~- ~ ........-:~~-...; ~~~~ CllY OF CHUlA VISTA COMMUNITV DEVELOPMENT DEPARTMENT August 28, 1996 VIA FAX - 426-6346 Star News Legal Department 835 Third Avenue Chula Vista, CA 91910 RE: NOTICE TO ALLOW CONSTRUCTION OF A 10 FOOT HIGH METAL FENCE- 880 ENERGY WAY Enclosed is a copy of the notice of public hearing to allow construction of a 10 foot high metal fence at 880 Energy Way. Please publish this document on Seotember 7. 1996 and forward a proof of publication notice, as well as the invoice, to the Community Development Department, City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910. Sincerely, (iLt0 ~r Alice Kemp f Administrative Secretary. /ak Attachment AK\LETTERS\MAS 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5047 ******************************************************************************************************** * P. 01 * * TRANSACTION REPORT * * AUG-2B-96 WED B:47 * * * * DATE START RECEIVER TX TIME PAGES TYPE NOTE * * * * AUG-2B B:45 94266346 l' 51" 3 SEND OK * * * ******************************************************************************************************** '..1,:\',\::'''''''''''''.',' ",. <',1.;," ,.,..,.,,',,'} iI'.""" I REDEVELOPMENT AGENCY AGENDA STATEMENT Item 7 Meeting Date 09/17/96 ITEM TITLE: Public Hearing: To Consider the Sale of Space 145 at Orange Tree Mobilehome Park Resolution I ~ r 'i? Authorizing the Community Development Director to execute a purchase agreement and escrow instructions for Space 145 at Orange Tree Mobilehome Park Community Development DirectorL._S, SUBMITTED BY: REVIEWED BY: Executive Director _". \ I (,A ~XI.h.~' Jv::.J... - \)0::; I (4/5ths Vote: Yes No .lL1 BACKGROUND: In June 1996 an offer to purchase Space 145 was received by the Community Development Department. On July 16, 1996, the Redevelopment Agency adopted Resolution 1506 authorizing the sale of Space 145 at Orange Tree Mobilehome Park located at 521 Orange Avenue. On July 30, 1996 the purchaser withdrew the offer to purchase this space due to their inability to sell their existing home. Recently, the Department received a new offer to purchase this space for the appraised value of $30,000. RECOMMENDATION: That the Agency adopt the resolution authorizing the Community Development Director to execute a purchase agreement and escrow instructions for space 145 at Orange Tree Mobilehome Park. BOARDSICOMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This is a request to authorize the Community Development Director to execute a purchase agreement and escrow instruction for the sale of space 145 at Orange Tree Mobilehome Park. The sales price is based upon an appraised value of $30,000. The City Attorney's office has recently recommended changes to the purchase contract. Such changes include an "as-is" clause including a provision indemnifying the City against any future liability after the sale of the mobilehome. Attached as Exhibit A is the signed purchase contract. FISCAL IMPACT: The Agency has an outstanding loan of approximately $19,230 from the Bank of America for this space with an original loan amount of $23,488. Proceeds of the sale will be used to payoff this loan. The balance of $10,770, less closing costs, will be deposited into the Agency's Low and Moderate Income Housing Set-Aside Fund. (JF) M:\HOME\COMMDEV\STAFF.REP\09-17-96\RENEW1450113 [September 5, 1996 (2:41pm)! 7-( , . :Jfz.u Pa;JE- !Blank! 7- d- REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT This is more than a receipt for money. It is intended to be a legally binding contract. Read it carefullv. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT ****Standard Fonn**** Chula Vista, California September 12, 1996 Donald and Marilyn Elliott herein called Buyer, desire to purchase Space 145 At Orange Tree Mobilehome Park, 521 Orange Avenue, Chula Vista. Upon acceptance of this offer, Donald and Marilyn Elliott will deposit into escrow the purchase price of Thirty thousand dollars ($30,000), for the purchase of property, situated in Chula Vista, County of San Diego, California, described as follows: SEE ATTACHED LEGAL DESCRIPTION (More commonly known as space 145 at the Orange Tree . Mobilehome Park at 521 Orange Avenue, Chula Vista, California) 1. . Buyer will deposit in escrow with Spring Mountain Escrow the purchase price of $30,000. 2. Buyer does intend to occupy subject property as his/her/their residence. 3. Buyer and the City of Chula Vista Redevelopment Agency, herein called Agency, shall deliver signed instructions to the escrow holder within 7 days from Seller's acceptance, which shall provide for closing within 30 days from Seller's acceptance. Escrow and other fees to be paid as follows: By Agency: 1. 2. 3. 4. 5. 6. 7. Owner's Title Insurance Policy One-half of Escrow Fee Document Transfer Tax Document Preparation Fee IRS Tax Report One-half of Transfer Fee of Homeowners Association Proration of Property Taxes and Homeowners Association Fee 1 ;-3 By Buyer: 1. One-half of Escrow and Homeowners Association Transfer Fee 5. If the sale is not completed due to fault of the Buyer, Buyer shall be responsible for any escrow and related fees. 6. Approval of this sale shall be contingent upon final approval of the Redevelopment Agency of the City of Chula Vista. 7. Buyer acknowledges having received copy of the Declarations, of Covenants, Conditions, and Restrictions and all amendments hereto, if any, governing the described property, together with a copy of the By-laws of the Orange Tree Homeowners Association. 8. Buyer and Seller acknowledges receipt of copy of this entire document, which is comprised of four pages. 9. This agreement constitutes the entire agreement. Any amendments to this agreement shall be in writing and shall be signed by both parties. 10. If a lawsuit is filed in connection with this agreement, the prevailing party shall be entitled to be compensated for legal expenses including reasonable attorney's fees. 11. Buyer agrees and acknowledges that they have made an independent investigation to the extent Buyer deems appropriate, concerning the physical condition (including the existence of hazardous materials), value, development, use, marketability, feasibility and suitability of the subject property, including, but not limited to, land use, zoning and other governmental restrictions and requirements. Buyer is acquiring the subject property "as is", in its present state and condition solely in reliance upon Buyer's own investigation, and no representations or warranties of any kind, express or implied, have been made by the Agency, or its representatives, except as expressly set forth in this Agreement. Buyer unconditionally releases Agency from and against any and all liability, both known and unknown, present and future, for any and all damages, losses, claims and costs (including attorneys fees), arising from the physical condition of the property being acquired thereby (including without limitation, the existence of hazardous materials), or the subject property's non-suitability for intended use. With respect to this Section, Buyer waives the provisions of California Civil Code Section 1542 which provides: " A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if know by him must have materially affected his settlement with the debtor. " 11.1 Buyer will accept the subject property, and the matters relating to the subject property listed below, in the present "as is" condition. The matters are: 2 7~1 a. Soils. TOOOl!raphv. Etc. Soils and geological condition; topography, area and configuration; archeological, prehistoric and historic artifacts, remains and relics; endangered species. b. Utilities. Schools. Etc. Availability of utilities, schools, public access, and fire and police protection. c. Assessment Districts. The status and assessments of any and all assessment districts. d. Planning and Zoning. Applicable planning, zoning and subdivision statutes, ordinances, and regulations. e. Easements and Encroachments. Any easement, license or encroachment which is not a matter of public record, whether or not visible upon inspection of the subject property; Seller warrants to Buyer that Seller knows of no such easement license or encroachment. f. Other Matters. Any other matter relating to the subject property or to the development of the subject property, including, but not limited to, value, feasibility, cost, governmental pennissions, marketing and investment return, except as otherwise expressly provided in this Agreement. 11.2 Real Estate Commissions. Each party warrants to the other that no brokers or fmders have been employed or are entitled to a commission or compensation in connection with this transaction. Each party agrees to indemnify, protect, hold hannless and defend the other party from and against any obligation or liability to pay any such commission or compensation arising from the act or agreement of the indemnifying party. END OF AGREEMENT. NEXT PAGE IS SIGNATURE PAGE. 3 7-5 SIGNATURE PAGE TO REAL ESTATE PURCHASE AGREEMENT SPACE 145 AT ORANGE TREE MOBILEHOME PARK 521 ORANGE AVENUE, CHULJ.\. VISTA pfoZ/?6 , I ~~ onald Elho B E&ir DATED: DATED: q/I't-(q(p , REDEVELOPMENT AGENCY OF CITY OF CHULA VISTA Chris Salomone Community Development Director 4 7 -fo DESCRIPTION A Condominium Comprised Of: PARCEL 1: An undivided 1/154th interest in and to Lots 1 and 2 ofCHULA VISTA TRACT NUMBER 87- 5 (ORANGE TREE MOBILE HOME PARK), in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 11835 fifled in the office of the County Recorder of San Diego County, June 9, 1987. EXCEPTING THEREFROM the following: (a) All Units as shown upon the Condominium Plan of ORANGE TREE MOBILE HOME PARK, recorded July 27, 1987 as File No. 87-420716 of Official Records of San Diego County. (b) The exclusive right to possession of those portions designated as Exclusive Use Areas on the above referenced Condominium Plan. PARCEL 2: Unit S-145 as shown and defmed on the Condominium Plan referred to above. PARCEL 3: The exclusive right to possession of those portions of Lots 1 and 2 described in Parcell above, as designated as Exclusive Use Areas on the Condominimum Plan referred to above as appurtenant to Parcels 1 and 2 above described. EXCEPTING THEREFROM any personal property, if any, located within Parcel 2 above described. ;-7 ':;:: fJI!zu fPa;}E- !Blank 7-<:;: ~ RESOLUTION /s-r<6 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO EXECUTE A PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS FOR SPACE 145 AT ORANGE TREE MOBILEHOME PARK WHEREAS, the Redevelopment Agency currently owns mobilehome spaces at Orange Tree Mobilehome Park located at 521 Orange Avenue, Chula Vista; and WHEREAS, on July 16, 1995, the Redevelopment Agency adopted resolution 1506 approving the sale of space 145 at Orange Tree Mobilehome Park and authorizing the Community Development Director to executive a purchase agreement and escrow instructions; and WHEREAS, on July 30, 1996 the offer to purchase space 145 at Orange Tree Mobilehome park was withdrawn; and WHEREAS, a new offer to purchase space 145 at Orange Tree Mobilehome Park has been received by the Community Development Department for the appraised value. WHEREAS, Article 11, Section 33431 of the California Community Redevelopment Law requires that a Public Hearing be held for any sale of lease of Agency- owned property; and WHEREAS, said Public Hearing has been conducted pursuant to Section 33431 for the sale of Orange Tree space number 145. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve to (a) approve the resolution authorizing the Community Development Director to execute a purchase agreement, in substantally the same fonn attached hereto as Exhibit A, and escrow instructions each in a final fonn approved by the Agency Attorney, and with such additional provisions as may be deemed appropriate and (b) to take such other action as deemed necessary to consummate said sale of space 145 at Orange Tree Mobilehome Park. PRES~~ Chris Salomone, Executive Secretary and Community Development Director APPROVED AS TO FORM BY: Ann Moore Interim Agency Attorney 7 -9 REDEVELOPMENT AGENCY AGENDA STATEMENT Item <6 Meeting Date 09117196 ITEM TITLE: PUBLIC HEARING of the Chula Vista Redevelopment Agency to consider adoption of the 1 996-97 Redevelopment Agency Budget and Appropriating Funds Therefor RESOLUTION Adopting the Redevelopment Agency Budget for Fiscal Year 1996-97 and Appropriating Funds Therefor REVIEWED BY: Ie,. Community Development Dire~~r\ C ~ Executive Director~ ~ ~~ \ (4/5ths Vote: Yes_ NO.1!J SUBMITTED BY: Staff recommends that this item be continued the the next regular meeting of the Redevelopment Agency scheduled for Tuesday, October 1, 1996. (LHI M:\HOME\COMMDEV\STAFF.REP\09-17-96\96-97bud.ra4 ISeptember 12, 1996 (10:10am)] 9-( JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT Item Meeting Date 09117/96 q ITEM TITLE: REPORT Status of Family Fun and Recreation Center project and presentation of preliminary alternative proposals for the Lower Sweetwater Valley area at the southwest quadrant of SR-54 and 1-805 Community Development D;\\~r (~~ , Executive Directo~~~\ (4/5ths Vote: Yes_ No-Ll BACKGROUND: An Exclusive Negotiation Agreement (nENAn) by and between Pacific Malibu Development Corporation and Warner Properties, the City of Chula Vista and the Redevelopment Agency was approved on November 15, 1994. The ENA expired on March 15, 1995, and accordingly does not now bind any party thereto. The agreement was executed in order for the parties to negotiate the terms and conditions for sale of the Agency-owned parcels in the Lower Sweetwater Valley area for the purposes of developing a Family Fun and Recreation Center project. SUBMITTED BY: REVIEWED BY: The Agency originally purchased the property for potential low and moderate income housing purposes, however, it was subsequently determined that the site may not be preferred or viable , for such uses. Therefore, it is anticipated that the Agency will transfer the property to the City prior to any sale to a developer. Since that time staff completed, in principle, the Disposition and Development Agreement (DDA) negotiations for the project which was presented to the Council/Agency during a Closed Session meeting on September 5, 1995. It was the expectation of all parties at that time, that the developer would begin processing the Environmental Impact Report (EIR) and other required land- use entitlements which would then be presented concurrently for Council's consideration. However for a variety of reasons, the developer has not made application for any of the project entitlements to date. Additionally, staff has recently been approached by other parties interested in pursuing alternative development proposals for the site. Therefore, this report serves to provide an opportunity for the Family Fun Center developer to update the Council! Agency on their project, and also afford an opportunity for other interested parties to present their conceptual project proposals for discussion. Staff has provided notice to the surrounding neighborhood (1,000 ft. radius) of nature and content of this item. RECOMMENDATION: Staff has provided three options for consideration which are presented on page 3 of the report. It is recommended that the CouncillAgency adopt Option 1 which is to: 1) provide Warner Properties, by minute resolution, an additional 30 days in order to resolve all remaining partnership issues, provide evidence of financing, and file for all entitlements for the proposed project; and 2) that if at the end of the 30 day period, Warner Properties is unable to perform, staff is to come back to the Council/Agency for more formal consideration of other proposals or options for the site. q -I Page 2, Item -3. Meeting Date 09/17/96 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Staff was advised in early 1996 that there was the strong potential that the developer may not be able to perform under the existing partnership arrangement, and that Warner Properties would begin to search for other potential financial partners. At this time, staff would be hesitant about proceeding with the developer (even if applications are filed for the EIR and related entitlements) until such time as they can demonstrate that the internal partnership issues are resolved and that financing for the project is available. Staff would not want to place development rights for the Agency-owned parcels in jeopardy of being entangled in a third party legal dispute. It is expected that Warner Properties will update the Council during the meeting about their progress in this regard. Alternative Proposals Staff has recently been approached about several alternative potential projects for the site; one of which recently dropped out (Bonita Valley Christian Center). Provided below, in alphabetical order, are brief summaries of the development concepts as discussed briefly with staff by the potential applicants. The proposed applicants will present preliminary base information about their projects and address any questions that Council may have. Inasmuch as this is all preliminary and conceptual information, staff has not had the opportunity to evaluate, in any manner, the viability or appropriateness of such proposals nor are prepared to indicate what sort of specific entitlement process would be necessary to evaluate and process the proposed projects. 1 . South Bay Pentecostal Christian Community Center South Bay Pentecostal, currently located at 395 "D" Street in Chula Vista, has indicated the desire to construct a "Christian Community Center" over the entire 38 acre site. Included as Exhibit A is an overall summary of their proposal along with a preliminary site plan. The phased project is envisioned to include a main church auditorium and multi- purpose room, day care facility, outdoor recreational facilities (softball, soccer, tennis, volleyball), Christian Academy (K-12), gymnasium, and seminary. The project is envisioned to be developed with emphasis on maximizing open space and minimizing visual impacts on the surrounding neighborhhods. Senior Pastor, Art Hodges III, is a resident in the area and has indicated that he has been active in and understands the concerns of the surroundin\l neighborhood. 2. TriWest Group Staff was approached by J.R. Chantengco of the TriWest Group about interest in putting together a development team to create an integrated, upscale manufactured housing project with, perhaps, related public parks and amenities. A project of this type could help the Agency toward the production of additional affordable housing units. The developer indicates that the product would be single-family detached 1,100 - 1,400 sq. ft. manufactured homes on approximately 55 ft. x 80 ft. lots at a density of 6-7 units per acre. The price range is indicated to be between $70,000 to $75,000. At this point, staff does not have any additional information. q - d- Page 3, Item 3. Meeting Date 09/17/96 Family Fun and Recreation Center Project Although the above described projects could potentially bring some unique benefits to the community, staff is still desirous of providing Warner Properties some additional time to clear up the partnership issues and provide evidence of financing. Staff believes that the Family Fun Center along with the badly need recreational ballfield facilities, will provide a substantial overall benefit to the community as a whole both in terms of additional recreational facilities for the public and increased revenue to the City. Staff is also confident that the project can be designed, conditioned and monitored effectively in order to help alleviate some of the concerns of the surrounding neighborhood relative to traffic, crime and noise. The latest site plan for the project is attached as Exhibit B. The developer worked with the City for a long period of time while the City was sorting out other potential uses for the site including the Veterans Home and a mobilehome relocation park, among others. Their patience in this regard has been returned with staff providing them time since the proposed DDA terms were discussed with Council nearly a year ago. The developer is well aware and appreciative of the City's patience and understands that failure to perform within the next 30 days will result in the City seeking alternative proposals for the site. Council/Agency Options Provided below are three options for Council's consideration. Option 1 is staff's recommendation. Option 1. Provide Warner Properties with an additional 30 days to: 1) present evidence that all remaining partnership issues have been resolved; 2) that financing for the project has been secured; and 3) file for all planning and land-use entitlements including the Environmental Impact Report, General Plan Amendment, and Zoning Text Amendment. In the event that Warner Properties fails to perform, then staff is to come back to Council with a more formal consideration of other project proposals and options for the site. Option 2. Direct staff to cease any further formal consideration of the Family Fun and Recreation Center project, and direct staff to begin negotiations and evaluation of one or both of the other alternative proposals and come back to Council within 90 days with a status report. Option 3. Direct staff to cease all consideration of any other project proposals at this time, and issue a formal Request for Proposals IRFP) for the site. FISCAL IMPACT: There is not a direct fiscal impact associated with the recommended action (option 1) of this report which is to merely provide the Family Fun Center developer additional time to perform. Obviously, there has been a substantial amount of staff time associated with this project along with the 9-3 Page 4, Item q Meeting Date 09/17/96 expense for outside attorney fees for negotiation and, preparation of the virtually finalized Disposition and Development Agreement. Option 2 would not have an immediate fiscal impact but could result in other legal feeslcosts very quickly in the event that the preliminary analysis and negotiations lead to more formal actions to proceed from Council. Option 3 does not have a fiscal impact since staff could prepare and issue the RFP, but their would be a significant time delay before any project would be presented for Council consideration. The fiscal benefit of the Family Fun Center project is primarily the development of recreational facilities that otherwise would be borne by the Parks and Recreation Department. lIhl M:\HOME\COMMOEV\STAFF.REP\08-2o-96\ffcupdat.113 (September 11,1996 (1:39pmll 9-cf fulfills the Chula ~~~~~=m:~:~~~~~~D~~:~~r Mission statef~HIBIT A The Community Development Department creatively plans and facilitates physical improvements, economic development and social benefits which enhance the quality of life for all people in the Chula Vista community. To achieve our mission we: Create public/private partnerships to develop recreational, cultural, educational, and social amenities. o Partnership: bZI Christian Community Center is the only project proposal for the Lower Sweetwater Area that has initiated dialogue with the affected neighborhoods and sought to work together with neighborhood and city from concept inception. o Recreational: bZI A one mile greenbelt with walkingljogging path surrounds the entire. bZI Two softball fields. bZI Regulation size soccer field encircled by a 1/4 mile running track. bZI Three tennis courts. bZI Three volleyball courts (beach and grass). bZI Gymnasium with: J Double basketball court. J.Health club-type facilities (weights, aerobics, sauna, etc.) J Two racquetball courts. J Swimming pool. J Separate dressing rooms for men, women, boys, girls. o Cultural: bZI Multi-national church congregation (over 20 nationalities) presently includes Spanish language services and Filipino (Tagalog) language services, has plans to add additional language services in future. bZI State-of-the-art auditorium will host dramas, musicals, recitals, and other special presentations, besides regular worship services. Project of South Bay Pentecostal Church · 395 D Street · Chula Vista · 585-0600 q -5"" Page 1 Christian Community Center fulfills the Chula Vista Community Development's Mission Statement o Educational: bZI Conference / Retreat Center bZI 150 Student Pre-School! Daycare bZI 200 Student Christian Academy bZI 200 Student Seminary o Social: bZI Wedding facilities. bZI Banquet facilities accommodating 500 sit-down guests. bZI Commercial Kitchen. bZI Dining/Meeting Hall overlooking lake. bZI Picnic area. Develop, finance, and preserve affordable housing opportunities. bZI Dormitory housing for 200 Seminarians and some staff. Provide assistance to local, non-profit organizations who are working to meet diverse community needs. o Local, Non-Profit Organization bZI South Bay Pentecostal Church (4th & D) has been in local area since 1955. o Working to Meet Diverse Community Needs bZI We operate South Bay's only 24 hr. Teen Crisis Line (I-800-96-TEENS). bZI Producer of Chula Vista's "Harvest Fest" (Halloween night alternative at Chula Vista Bowl) in conjunction with Chula Vista Chamber of Commerce and Koby's Swapmeet. Project of South Bay Pentecostal Church · 395 D Street · Chula Vista · 585-0600 q-G Page 2 Christian Community Center fulfills the Chula Vista Community Development's Mission Statement 121 Regular services held at area retirement centers (Chula Vista Inn, Ross Care, Paradise Manor). 121 Regular services held at area detention facilities (South Bay; R. J. Donavan; East Mesa's Minimum Security, Medium Security, Maximum Security; Central, Descanso, Los Colinas Women's, Men's; Vista) 121 Regular services held at 32nd St. Naval Base Chapel; S.D. Rescue Mission; S.D. Women's Rescue Mission; God's Extended Hand Ministries. 121 Provide free counseling services. 121 Provide food assistance to local needy families. 121 Provide motivational speakers for area schools (1996 - Anthony Clark, world's strongest man) Promote a business environment conducive to generating local tax revenue, employment opportunities, and a balanced community. 121 Host several conferences each year which bring in hundreds of out -of-town guests using local hotels, restaurants, businesses. 121 Project will provide construction, employment, and maintenance opportunities. Revitalize blighted or underutilized areas of the City. 121 The Lower Sweetwater Area has invited nefarious activity problems for neighbors because of its undeveloped condition. 121 The Christian Community Center project will be ideal in changing this area into a beautiful park-like setting that will enhance surrounding neighborhoods and their property values. 121 The Christian Community Center project will have the lowest negative impact with the highest positive yield, benefiting the local area. With less than 3 acres of building, leaving over 29 acres with no structure, this development will preserve the ethereal feeling of open space. .. 121 Strategically located at the 1-805 gateway to Chula Vista, this development will be a unique crown jewel to Chula Vista's Community Development. Project of South Bay Pentecostal Church · 395 D Street. Chula Vista · 585-0600 q-7 Page 3 omponents an asmg Phase I Elementary 'Approx. 4,200 sq. ft. .K through 6th grade. MAIN AUDITORIUM BUILDING: Junior High 'Approx. 4,200 sq. ft. Auditorium: .7th through 8th grade. '1,000 seats. '3,000 seats (phase III). High School 'Approx. 26,500 sq. ft. .Approx. 5,100 sq. ft. .9th through 12th grade. Foyer: 'Approx. 6,000 sq. ft. GYMNASIUM BUILDING: Multi-Purpose Room: 'Indoor Olympic size swimming pool. .Approx. 21,000 sq. ft. .Two full-court basketball. 'Separate Men's, Women's, Boys, Girls Kitchen: dressing rooms. .Approx. 3,200 sq. ft. 'Aerobics room. . Weight room. .Two racquetball courts. DAY CARE BUILDING: 'Approx. 1,500 sq. ft. foyer .Approx. 150 children 'Approx. 11,500 sq. ft. Phase IV Phase II SEMINARY BUILDING: 'Approx. 200 students OUTDOOR SPORTS FACILITIES: 'Approx. 16,000 sq. ft. .3 - Tennis court. STAFF I SEMINARY HOUSING: .Soccer field. .1/4 mile track. 'Approx. 30,000 sq. ft. (4 buildings) .2 - Softball field. .3 - Volleyball court. (sandlgrass) Phase III MISCELLANEOUS: ACADEMY BUILDING: P-I 'Green belt around entire perimeter of (Approx. 200 students) property pol .Standard / handicapped parking spaces. Offices I Administration P-2 .Concession 1 snack bar at ball field. 'Approx. 6,000 sq. ft. P-4 .Lake with running stream. P-4 .Gazebo with deck at Lake. ~l..I""'Ii'..1."'tL.'f ,;(')." 'OJ Christian Community Center C dPh . Project of South Bay Pentecostal Church · q~9}treet · Chula Vista · 585-0600 ~ j Po. f;I;l f:: (fl &l ~ ~ .~ tj-9 ,~ \f ~ ~~ fJI!zu fPa;}E- !Blank CJ-/Q ! , I ! ~ ........... f I? '! : s: ~ ~ :3 z 2-m ~ d~ . '::I~~ o_~ .!::!!: 00 ~-m ~eCII o' c;~ i~1 g cg cO) [f1R] ~ ={] 6 t-_ ~ 0= 00 = =[] OlfD ~ y= ~ ~.~ Cb . , 10 nTl1l- EXHIBlT B , I I ! ! i i q -// _.11_ tf~~~~ i'A,O BOX 1580 II: JOLLA CA {; 6" ".. ;'86 92038-'560 ,; . . l:: "0,. fJI!zu fPa;}E- !Blank 9-(~ ~ / NOTICE OF PUBLIC MEETING Notice is hereby given that a Public Meeting is scheduled before a Joint Meeting of the City Council of the City of Chula Vista and the Chula Vista Redevelopment Agency regarding the status of a proposed Family Fun and Recreation Center project for the Lower Sweetwater Valley area. The site is located immediately east of the KOA Campground generally bounded by 1-805, SR-54, and Second Avenue. The meeting is to be held on Tuesday, September 17, 1996, immediately following the City Council meeting which begins at 6:00 p.m., in the City Council Chambers, 276 Fourth Avenue, Chula Vista, California. Please be advised that this is not a public hearing and no decisions will be made about the development of the Lower Sweetwater Valley area. This public meeting is to provide an opportunity for the potential developer of the Family Fun and Recreation Center project to update the City CouncillRedevelopment Agency on the status of their project, as well as an opportunity for two other interested groups to present their preliminary project concepts for the site as well. Specific questions about the proposed meeting should be directed to Lyle W. Haynes, Assistant to the Community Development Director, Community Development Department, at 691-5047. Dated: August 30, 1996 ~L, ~o -- Chris Salomone, Community Development Director m:\home\commdev\haynes\document\lswvpub.not q - (3