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HomeMy WebLinkAboutRDA Packet 2001/10/23 ~{~ -=-..- - CllY OF CHUlA VISfA TUESDAY, OCTOBER 23, 2001 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) AD.JOURNED .JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, Padilla, Rindone, Salas; Chair/Mayor Horton CONSENT CALENDAR The staff recommendations regarding the following item!s) listed under the Consent Calendar will be enacted by the Agency/Council by one motion without discussion unless an Agency/Council member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action items. Items pulled by the public will be the first items of business. 1. JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT COOPERATIVE AGREEMENT, APPOINTING THE INITIAL BOARD OF DIRECTORS, AND AMENDING THE 2001-2003 TOWN CENTRE I REDEVELOPMENT PROJECT AREA FUND BUDGET - On 7/24/01, downtown property owners voted to create the Downtown Property and Business Improvement District (PBID). The new assessment district will come online beginning in January 2002. The PBID assessment process will be governed by a proposed Cooperative Agreement, which sets forth the organizational relationship between the City and new district. In addition, the initial appointment of an oversight Board of Directors and certain budgetary amendments are required to address the transition from the existing Downtown Business Association to the new structure. [Community Development Director] 4/5ths VOTE REQUIRED STAFF RECOMMENDATION: Agency adopt the resolution. 2. JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $500,000 FROM UNEXPENDED REDEVELOPMENT AGENCY 2000 TAX ALLOCATION BOND PROCEEDS IN THE MERGED PROJECT AREA FUND AND $500,000 FROM THE AVAILABLE FUND BALANCE IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND INTO CAPITAL IMPROVEMENT PROJECT PS 149 FOR ADDITIONAL RELOCATION COSTS FOR THE NEW DOWNTOWN POLICE FACILITY - On 7/17/01, Council appropriated an initial $500,000 for the Police Headquarters site relocation costs and relocation consultant contract. This appropriation is expected to be completely expended during October. Settlements have been reached with over half of the 13 businesses, either through relocation settlement offers or the provision of new business sites. Several larger settlements are now pending. In order to proceed with the remaining relocation settlements, an additional appropriation for costs associated with the relocation is necessary. Eligible funds are available from the Redevelopment Agency's 2000 Tax Allocation Bonds and from the available fund balance in the Public Facilities Development Impact Fee fund. [Community Development Director] 4/5ths VOTE REQUIRED STAFF RECOMMENDATION: Agency/Council adopt the resolution. 3. JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CHULA VISTA NATURE CENTER TO APPLY FOR GRANT FUNDS FOR THE URBAN RECREATION AND CULTURAL CENTERS, MUSEUMS AND FACILITIES FOR WILDLIFE EDUCATION OR ENVIRONMENTAL EDUCATION GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000; AND APPOINTING THE NATURE CENTER DIRECTOR AS THE CITY'S AGENT TO EXECUTE RELATED AGREEMENTS WITH THE STATE OF CALIFORNIA IF A GRANT IS AWARDED - The Chula Vista Nature Center has been nominated by Assemblymember Vargas to compete for funding from the Urban Recreation and Cultural Centers, Museums and Facilities for Wildlife Education or Environmental Education Grant Program. Resolutions of the Redevelopment Agency and the City Council authorizing the Nature Center's grant application and designating the Agency's representative are required elements of the submittal. [Nature Center Director] STAFF RECOMMENDATION: Agency/Council adopt the resolution. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to Redevelopment Agency, October 23, 2001 Page 2 the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. PUBLIC HEARING The following item(s) have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 4. a. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-01-061 AND APPROVING OWNER PARTICIPATION AGREEMENT WITH THE METROPOLITAN AREA ADVISORY COMMITTEE FOR THE REHABILITATION AND RE-USE OF AN EXISTING COMMERCIAL BUILDING LOCATED AT 1351-1395 THIRD AVENUE WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA - The Metropolitan Area Advisory Committee (MAAC), a local non-profit community assistance organization, is proposing to rehabilitate and re-use a commercial building located at 1351-1395 Third Avenue for the establishment of a Community Center which will house a variety of community-oriented services. MAAC has submitted an application to the California Statewide Communities Development Authority (CSCDA) for financing of the project. Chula Vista, as a member participant of the CSCDA and as the location of the proposed facilities, must conduct a public hearing and approve the CSCDA's issuance of indebtedness. However, before the public hearing is conducted, the Redevelopment Agency must take action to approve an Owner Participation Agreement with MAAC. If the Agency resolution is not approved, the purpose of the public hearing will be unnecessary and the item will be pulled. [Community Development Director] b. PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR CONSIDERATION OF THE ISSUANCE OF TAX EXEMPT AND TAXABLE OBLIGATIONS FOR THE METROPOLITAN AREA ADVISORY COMMITTEE, INC. WITH RESPECT TO THE PROPOSED PROJECT BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY c. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ISSUANCE OF TAX EXEMPT AND TAXABLE OBLIGATIONS FOR THE METROPOLITAN AREA ADVISORY COMMITTEE, INC. WITH RESPECT TO THE PROPOSED PROJECT BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY STAFF RECOMMENDATION: 4.a) Agency adopt the resolution; 4.b) Council open the public hearing and hear testimony; 4c) Council adopt the resolution. Redevelopment Agency, October 23, 2001 Page 3 OTHER BUSINESS 5. DIRECTOR'S REPORT(S) 6. CHAIR/MAYOR REPORT(S) 7. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to the regular meeting of the Redevelopment Agency on November 6, 2001 at 4:00 p.m., immediately following the City Council meeting in the City Council Chambers. CLOSED SESSION Unless Agency Counsel, the Executive Director, City Councilor the Redevelopment Agency states otherwise at this time, the Agency/Council will discuss and deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency/Council is advised should be discussed in closed session to best protect the interests of the City. The Agency/Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency/Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, announcements of actions taken in Closed Session shall be made by Noon on Wednesday following the meeting at the City Clerk's office in accordance with the Ralph Brown Act (Govt. Code § 54957.7) 8. CONFERENCE WITH REAL PROPERTY NEGOTIATOR -- Pursuant to Government Code Section 54956.8 Property: Assessor Parcel Nos. 568-270-03; 568-270-11 (approximately 2.85 acres located at the southeast corner of Fourth Avenue and F Street) Negotiating Parties: City Council / Redevelopment Agency (Sid Morris/ Chris Salomone) and Various Tenant Interests Under Negotiations: Lease terms 9. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION -- Pursuant to Government Code Section 54956.9(b) One Case **************** AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, October 23, 2001 Page 4 JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT ITEM NO.: / MEETING DATE: 10/23/01 ITEM TITLE: JOINT RESOLUTION APPROVING DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT COOPERATIVE AGREEMENT, APPOINTING THE INITIAL BOARD OF DIRECTORS, AND AMENDING THE 2001-2003 TOWN CENTRE I REDEVELOPMENT PROJECT AREA FUND BUDGET SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR 1$ t REVIEWED BY: CITY MANAGER 4/5THS VOTE: YES0NOD BACKGROUND On July 24, 2001, Downtown property owners voted to create the Downtown Property and Business Improvement District (PBID). The new assessment district will come online beginning in Januory 2002. The PBID assessment process will be governed by a proposed Cooperative Agreement, which sets forth the organizational relationship between the City and new district. In addition, the initial appointment of an oversight Board of Directors and certain budgetary amendments are required to address the tronsition from the existing Downtown Business Association to the new structure. RECOMMENDATION Adopt the Resolution approving the Downtown Property and Business Improvement District Cooperative Agreement, appointing the initial Board of Directors, and amending the 2001-2003 Town Centre I Project Redevelopment Areo Fund Budget by approprioting on odditional $18,000 from the available fund balance for fiscal year 2001-2002 and deleting $4,850 from the spending plan for fiscal year 2002-2003. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The new Downtown Property and Business Improvement District (PBID) is an assessment district funded by property owners through annual assessments on their property tax bills. The City collects the annual assessments and will pass through the assessment to the PBID on a monthly /- { PAGE 2, ITEM NO.: MEETING DATE: 10/23/01 basis. In addition, the City itself as 0 property owner will be assessed annually. The first year assessment is due before the end of the current calendar year and will be approximately $43,000. The proposed Cooperative Agreement spells out the relationship between the City and the new district and includes the following provisions: . Submittal of a Budget and Management Plan by December 31 every year for approval by the City; . Submittal of an semi-annual Financial Report to the Community Development Director; . Requirement for open accounting records and maintenance and oversight by the Finance and Community Development Departments; . Budget flexibility with City oversight; . Monthly payment by the 15th day following the month funds are collected by the City from the County (per internal agreement with the City Finance Department); . Prohibition on political contributions by the PBID; . Payment of City administrative costs associated with the assessment district; . Indemnification of the City in all activities conducted by the PBID; . Standard prohibitions against discrimination. If approved by Council, the Agreement will become effective on Jonuary 1, 2002. In addition to the aforementioned Agreement, the PBID provides for the initial oppointment of a 13 member Board of Directors by the City Council. An initial slate of members has been proposed (see Attachment No.2). The Board includes a representative from the City (with full voting rights) and from the County, as well as property owners, business owners and community members. Members will serve staggered four year terms, as determined by a straw vote at their first formal meeting. The City's representative would at this point in time be the City's Redevelopment Manager. The City and Redevelopment Agency have already determined that the Agency will be responsible for payment of the City and Agency's annual share of the assessment, pursuant to internal agreement. The annual assessment will be paid from funds currently earmarked for salary, promotions and advertising for the Downtown Business Association. It is estimated that the first year's assessment will be approximately $43,000 and the second year's assessment will be approximately $45,150. This action will appropriate the required funds into the Town Centre I Redevelopment Project Area Fund to be disbursed for Calendor Year 2002 and 2003 from the I-~ PAGE 3, ITEM NO.: MEETING DATE: 10/23/01 current 2001-2003 Redevelopment Agency budget. The existing annual appropriation for the Town Manager's salary ($20,000), DBA advertising ($15,000) and DBA promotions ($15,000) will be discontinued effective January 1, 2002. (The Town Manager position is synonymous with the Executive Director of the Downtown Business Association.) With these actions, the PBID will begin work in January on a range of revitalization, economic development, and quality of life issues. The PBID is in the process of hiring appropriate staff to carry out their new mission. Council will continue to be kept informed as the specific programs begin to take shape. FISCAL IMPACT The current two year 2001-2002 Agency budget includes a total of $50,000 annually for Downtown Business Association expenses (Town Manager salary, advertising and promotions). Under the PBID reorganization, the existing appropriation will be increased by $18,000 for fiscal year 2001-2002 and decreased by $4,850 for fiscal year 2002-2003. The net impact for the two year budget is an increase of $13,150 aver the existing appropriation, and a small decrease in subsequent years. ATTACHMENTS Cooperative Agreement Proposed Slate of Board Members J,\COMMDEV\STAff.REP\ 1 0-23-01\agenda,tatementagreementl.dac /-3 AGENCY RESOLUTION NO. AND COUNCIL RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT COOPERATIVE AGREEMENT, APPOINTING THE INITIAL BOARD OF DIRECTORS, AND AMENDING THE 2001-2003 TOWN CENTRE I REDEVELOPMENT PROJECT AREA FUND BUDGET WHEREAS, the establishment of a Property-Based Business Improvement District has been a top priority of the City and Redevelopment Agency as evidenced by the City and Agency agreeing to support the formation of the District through signing of the Establishment Petition and agreeing to be assessed as a downtown property owner at the City Council meeting of May 1, 2001; and WHEREAS, in accordance with the Property and Business Improvement District Law of 1994 as set forth in Section 33600, et seq., of the California Streets and Highways Code and Article XIlID of the Constitution of the State of California, enacted by the approval of Proposition 218, and upon the successful completion of the petition drive, the City, on June 5, 2001, adopted a Resolution of Intent to form the PBID; and WHEREAS, balloting and a formal Proposition 218 vote of all affected property owners was properly and successfully conducted and ballots opened and tabulated at the public hearing held on July 24, 2001, confirming the District boundaries and individual assessments; and establishing the Downtown Chula Vista Property-Based Business Improvement District pursuant to the 1994 law; and WHEREAS, the adoption of a Cooperative Agreement, initial seating of a Board of Directors and associated budget adjustment in the Town Centre I Redevelopment Project Fund are needed to implement the adopted District NOW, THEREFORE, BE IT RESOLVED the City and Redevelopment Agency of the City of Chula Vista do hereby approve the Downtown Property and Business Improvement District Cooperative Agreement, appoints the initial Board of Directors, and amends the 2001-2003 Town Centre I Redevelopment Project Area Fund by appropriating an additional $18,000 from the available fund balance for fiscal year 2001-2002 and deleting $4,850 from the spending plan for fiscal year 2002-2003. Presented by Approved as to form by ~ ):~ " Chris omone Director of Community Development J:\COMMDEVIRESOSIRESO - JOINT PBID Cooperative.doc 1- 4 COOPERATIVE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT This "Agreement" is entered into as of January ],2002, pursuant to Resolution #200]-232 adopted by the City Council ofthe City ofChula Vista at its meeting held on July 24, 200], between Chula Vista Downtown Business Association, a nonprofit corporation organized under the laws of the State of California, with a business address of31O Third Avenue, suite C-]2, Chula Vista, CA 9] 9]0. ("DBA") and the City ofChula Vista, a municipal corporation of the State of California ("City"). THE PARTIES AGREE AS FOLLOWS: ]. The DBA will conduct the program and activities described in Exhibit "A" hereto (the "program") beginning the inception date ofthe Agreemen1, January I, 2002 through December 31 of each year during the effective dates of this Agreement. 2. The DBA shall submit a Budget and Management Plan to the City each year by December 30 consistent with the program for the coming fiscal year. This Management Plan shall include a report for the activities of the PBID in relationship to the activities described in the Management Plan and shall require City approval. 3. The DBA will prepare and file with the City a Financial Report showing in detail the expenditures made by the DBA. Such Financial Report shall include a line-item schedule, which matches expenditures with specific amounts and ] (-~ activities designated in the Management Plan. The Financial Report will be filed with the Director of Community Development during each semi-annual period this Agreement is in force no later than the following dates: July 30 for January through June and January 30 for the entire preceding year. 4. The DBA's financial records relating to the performance of this Agreement shall be kept and maintained in accordance with generally accepted accounting principles and in the manner and method described by the City of Chula Vista Director of Finance. The records shall be current, complete and available for inspection as deemed necessary by the Director of Finance. The DBA shall provide all reports, documents or information requested or required by the City within ten (10) days of a written request from the Director of Community Development to the President of the DBA unless a longer period of time is otherwise expressly stated by the Director of Community Development. 5. The DBA may accrue a surplus of assessment monies by the City, but not expended by the DBA, provided that the DBA identify such surplus in the Management Plan and shows the use of the surplus along with other assessment funds. In the event that the DBA does not contract with the City in any year, the DBA will return such surplus to City within ten (10) days of City's written request. 6. The DBA is authorized to adjust expenditures in any expenditure category (i.e., Security, Maintenance, Image and Communications, Special Projects, Advocacy & Administration, and Reserve), provided that: (a) prior written 2 /-C:, approval is obtained from the Director of Community Development, and the change does not exceed twenty-five (25) percent the category total. Furthermore, the DBA may adjust line items within any category as long as the limits on categories as described above are maintained, and the total expenditures do not exceed the total budget or the total assessment revenue available, whichever is less. 7. The term of this Agreement will commence on January], 2002 and will terminate on December 3 I, 2002, except that the term will be automatically extended on a year-to-year basis upon annual approval of the Management Plan and related levy of assessments by the City Council, and provided that 1he City and the DBA may terminate this Agreement and any rights, duties and liabilities accruing in the Agreement each year by giving written notice of election to terminate to the other party at least (30) days prior to the end of the fiscal year. If the City fails to approve the management implementation plan, this Agreement will be terminated. 8. The City Manager will cause to be paid to the DBA the total amount of funds collected during the term of this Agreement, which payments shall be made no later than the] 5th of each month following the month assessment is collected. However, the total amount paid to the DBA shall not exceed: (a) the total amount of the Downtown Chula Vista Property and Business Improvement District assessments and charges listed in the Management Plan as approved by City Council, and (b) available revenues as determined by the Director of Finance. 3 (-7 9. The DBA shall not use funds received from this Agreement for any expense, in support of any political campaigns or elections. DBA expenses shall also conform to City regulations and policy pertaining to non-discrimination in the hiring of vendors. ]0. It is further agreed that the DBA will reimburse the City for all costs incurred by the City in providing special services specifically requested and approved in writing by the DBA (including, but not limited to, administration of the district, collection of delinquent assessments, etc.), and related to the Management Plan during the term of this Agreement. These costs will be determined and certified by the City Manager or designee and forwarded to the DBA President. The City will then invoice the DBA for the cost of the service, which invoice shall be paid within 30 days of receipt. In the event that payment is not received within 90 days of the date of invoice, the City shall transfer that amount from the Downtown Chula Vista Property and Business Improvement District monies to the General Fund to compensate the City for incurred costs. ]]. Neither the City nor any of its officers or employees will have any control over the conduct of the DBA or any oftheir employees, except as provided above, and the DBA expressly warrant that not in any manner or at any time will DBA represent that their officers, agents, servants, or employees are in any manner the officers, agents servants, or employees of the City, it being distinctly understood that the DBA are and at all times will remain as to the 4 I-? City, an independent contractor, and the obligations of the DBA to the City are solely as prescribed by this Agreement. ]2. This Agreement contemplates that the DBA will render special services, activities, and improvement to the City, and it is recognized by the parties that an inducement to City for entering into this Agreement was, and is, the ability of the DBA to render these special services. Neither this Agreement nor any interest in this Agreement may be assigned by the DBA. The DBA agrees to be primarily responsible for the performance con1emplated and provided for in this Agreement, except that the DBA may enter into subcontracts for the sole purpose of carrying out activities within the Management Plan. 13. As a part ofthe consideration hereof, the DBA for themselves, their heirs, personal representatives, successors-in-interest, assigns, and subcontractors, if any, do hereby covenant and agree that subject to the application of relevant laws, rules and regulations, no person shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination relating to any services or activities furnished pursuant to this Agreement or any subcontract awarded by the DBA on the basis ofrace, color, religion, national origin, sex, sexual orientation, AIDS or AIDS related condition, age, disability or handicap, disabled or Vietnam Era Veteran status. ] 4. Any notices to be given under this Agreement, or otherwise, may be given by enclosing the same in a sealed envelope, addressed to the party intended to receive the same at its address, and by depositing the same in the US Postal Service as regular mail, postage prepaid. When so given, notice will be 5 1- '1 effective from the time of mailing this notice. For these purposes, unless otherwise provided in writing. The address of the City and the proper person to receive any notices on its behalf is the City Manager, 276 Fourth Avenue, Chula Vista, CA 9]910, and the address of the DBA is 3]0 Third Avenue, suite C-]2, Chula Vista, CA 9]910. DBA shall indemnify, protect, defend and hold City, its elected officials and appointed officers, employees and consultants harmless from and against any and all claims for damages, losses, costs or liabilities arising directly or indirectly out of City's actions to form or support DBA, from DBA's conduct under this Agreement or from its operation of the PBID. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. Chula Vista Downtown Business Association, By: David Rossi, President Date The City ofChula Vista By: Shirley Horton, Mayor Date Approved as to Form: By: John M. Kaheny Date 6 (-(0 PROPOSED SLATE OF BOARD MEMBERS FOR PBID Stella Sutton Business Owner Stella's on Third Affiliation: Current DBA Board Member Involvement with other groups: Stella Sutton is currently not a member of any service club or organization. However, many organizations (i.e. Kiwanis, Puente Club, Southwestern College and SUHSD mentor groups) hold meetings at her Deli and she is well infonned of community events. Length of time in community: Life long south county resident. Business owner on Third Ave. for 7 years. Vision for PBID: The Gateway sign, new planting of trees and flowers, general beautification and improved merchant signage. She sees graffiti as a "huge" problem and hopes security will curtail most of it. David Rossi Business and Property Owner King Jewelers Affiliation: Current DBA President Involvement with other groups: San Diego Baseball Historical Society, Chula Vista Arts Commission, Chula Vista Chamber Board, Steering Committee for PBID, fundraiser for Boys and Girls Club. Length of time in community: 22-year resident and business owner. Vision for PBID: Keep Downtown the heart ofthe community. Jack Miller Government Representative Director of General Services County of San Diego Affiliation: Proposed County of San Diego Representative Involvement with other groups: Past Board of Director for Bannister House at UCSD, Length of time in community: Chula Vista resident for 20 years. Vision for PBID: To upgrade Third Ave, Mr. Miller would like to see something new that would attract more people to the downtown area. He would like to encourage businesses to place more importance on their appearance. The area can be revitalized by having more upgrades similar to brick inlay work on the A venue and sidewalk, completed several years ago. Becky Smiser Property Owner Manager of SmiserlPark Plaza Affiliation: None current, has owned Park Plaza for 6 months. Involvement with other groups: None Length of time in community: 6-month business owner. Vision for PBID: Ms. Smiser envisions a major clean up on the Avenue. She would also like Third Avenue to emulate a quaint European village. I (-II Dr. Richard Freeman Senior Minister Religious Representative Community Congregational Church Affiliation: New to PBID Involvement with other groups: Chula Vista Rotary, Board of Director for Community Congressional Towers, attends monthly I" Friday Breakfast. Length of time in community: Chula Vista resident for 18 months. Relocated from New Mexico for Senior Minister position at Community Congressional Church. Vision for PBID: Reverend Freeman would like to retain businesses while improving the quality of businesses and keep the Downtown District clean and pristine. He sees a shift in residential populatjon to younger group remodeling older homes in the "old" Chula Vista area, and more businesses should appeal to this group. Mike Mace Business and Property Owner M & M Jewelers Affiliation: None Involvement with other groups: None Length of time in community: 48-year resident, in business on Third Ave. since 1977. Vision for PBID: Mr. Mace wants to see and improved environment for all businesses and ideally would like to see Third Ave. busy with shoppers. Linda Rosas The Star News Publisher Affiliatjon: Current DBA Vice President Involvement with other groups: Chula Vista Kiwanis Club, California Newspaper Association, Inland Press Organization, Bonita Business and Professional Association, National City Chamber of Commerce, Chula Vista Chamber of Commerce, San Diego State Alumni Organization. Length of time in community: Born and raised in south county, 14 years with The Star News. Vision for PBID: Ms Rosas wants to see Downtown as the business, entertainment, and social- point of the community and to promote economic prosperity. Keith Hooper Fuddruckers Executive General Manager Affiliation: Current DBA Secretary Involvement with other groups: Little league coach. Length of time in community: Has lived or worked in Chula Vista for 40 years. Vision for PBID: Mr. Hooper is interested in attracting some nationally known stores or restaurants, while promoting existing specialty shops and restaurants. He would like to discourage any more professional offices from opening in the shopping area. He would also like to see Revitalization in the entire area. Anthony Janus Residential Property Owner National Real Estate Service Owner 2 /-/)- Affiliation: None Involvement with other groups; Association of Realtors member Length of time in community: Resident since 1968, business owner since 1970. Vision for PBID; Mr. Janus wants to see a few buildings remodeled to make the area more attractive. Kathleen Williams Business Owner Merle Nonnan Cosmetics Affiliation: Current DBA Board member Involvement with other groups; Chula Vista Chamber member Length of time in community: 3-year business owner and 5-year south county resident. Vision for PBID: Mrs. Williams wants to see a realization of dreams that so many have had for so long. Real action and the support of the property owners will make us successful.. David McClurg Business Owner McClurg Insurance Services Affiliation: Current DBA Treasurer Involvement with other groups; Chula Vista Kiwanis Club Vice President, Kiwanis Fundraising Chair, Board of Realtors member, San Diego Association of Health Underwriters, San Diego Association ofInsurance and Financial Advisors, Chula Vista Chamber Economic Development Committee, Chula Vista Chamber member, major fundraiser for Castle Park High School football program. Length of time in community: 3D-year resident, business owner since 1996. Vision for PBID: Mr. McClurg wants Downtown to become a major entertainment district for south county. He would also like to see growth for retail and professional businesses. Byron Estes Government Representative Redevelopment Manager, City of Chula Vista Affiliation: DBAICity liaison Involvement with other groups: The Urban Land Institute, California Redevelopment Association, American Planning Association-GAUP. Length oftime in community: City employee since 1999. Vision for PBID: Premier shopping and pedestrian area for South County. Wants the area vibrant in appearance and brisk with activity. 3 /-/3 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM NO.: ~ MEETING DATE: 10/23/01 ITEM TITLE: JOINT RESOLUTION APPROPRIATING $500,000 FROM UNEXPENDED REDEVELOPMENT AGENCY 2000 TAX ALLOCATION BOND PROCEEDS IN THE MERGED PROJECT AREA FUND AND $500,000 FROM THE AVAILABLE FUND BALANCE IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND INTO CAPITAL IMPROVEMENT PROJECT PS 149 FOR ADDITIONAL RELOCATION COSTS FOR THE NEW DOWNTOWN POLICE FACILITY SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~\.C:~ /"'. REVIEWED BY: CITY MANAGER CPt; PI J 4/5THS VOTE: YES0NOD BACKGROUND Council acted to appropriate an initial $500,000 for the Police Headquarters site relocation costs and relocation consultant contract on July 17, 2001. This appropriation is expected to be completely expended during October. Settlements have been reached with over half of the 13 businesses, either through relocation settlement offers or the provision of new business sites. Several larger settlements are now pending. In order to proceed with the remaining relocation settlements, an additional appropriation for costs associated with the relocation is necessary. Eligible funds from the Redevelopment Agency's 2000 Tax Allocation Bonds and from the available fund balance in the Public Facilities Development Impact Fee Fund will be into Capital Improvement Project PS 149 for this purpose. RECOMMENDATION Approve Joint Resolution appropriating $500,000 from unexpended Redevelopment Agency 2000 Tax Allocation Bond proceeds in the Merged Project Area Fund and $500,000 from the available fund balance in the Public Facilities Development Impact Fee Fund into Capital Improvement Project PS 149 for relocation costs for the new downtown police facility. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION Relocation of 13 businesses in the commercial property located at the southeast carner of Fourth Avenue and "F" Street is currently underway. Of these, the Agency has settled or is in the process of expediting relocation of eight businesses and has settlements or relocations pending with the five c:2-( PAGE 2, ITEM NO.: MEETING DATE: 10/23/01 remaining businesses. Among the remaining businesses, two settlements are expected to be quite large. In order to continue, an additional appropriation is necessary to fund negotiated relocation costs. The additional appropriation of $1,000,000 has been set based on expected total costs for comparable relocation projects. Actual costs may be higher or lower. The relocation process has been reasonably smooth. Initial ninety, sixty and thirty day notices to vocate have been sent out. All businesses are expected to vacate by November 15, 2001. In addition, two (2) month-to-month tenants located in the EI Dorado Building (South Boy Community Services and Lowell Blankford, Esq.) have either moved or are in the process of moving. Demolition is expected to get underway in December. Funding for relocation will continue to be provided by on advance from the Redevelopment Agency's 2000 Tax Allocation Bond (TAB) proceeds, and from the available fund balance in the Public Facilities Impact Fee Fund. FISCAL IMPACT Funding of up to $1,000,000 will be drown down from CIP PS149. The initial source of funding is the Redevelopment Agency 2000 Tax Allocation Bond proceeds and Public Facilities Development Impact Fees. There will be no direct impact on the General Fund. Other potential redevelopment and revitalization efforts that potentially could be funded from the 2000 Tax Allocation Bond proceeds may be delayed or eliminated with this action. ATTACHMENTS N/A J:\COMMDEV\STAFF.REP\ lO-23-01\Relocation Appropriation #2.doc ~-d-.. RESOLUTION NO. (COUNCIL RESOLUTION NO. 2001- ) JOINT RESOLUTION APPROPRIATING $500,000 FROM UNEXPENDED REDEVELOPMENT AGENCY 2000 TAX ALLOCATION BOND PROCEEDS IN THE MERGED PROJECT AREA FUND AND $500,000 FROM THE AVAILABLE FUND BALANCE IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND INTO CAPITAL IMPROVEMENT PROJECT PS 149 FOR ADDITIONAL RELOCATION COSTS FOR THE NEW DOWNTOWN POLICE FACILITY WHEREAS, the use of the 2000 Tax Allocation Bond proceeds for relocation purposes at the proposed new Police Department facility is an eligible redevelopment expense and located within the Town Centre I Redevelopment Project Area; and WHEREAS, the use of the available fund balance in the Public Facilities Impact Fee Fund is also a suitable funding source for a major public project like the new Police Department facility which will serve the entire City: and WHEREAS, the relocation of business tenants from the proposed new Police Department facility will facilitate the redevelopment of an underutilized commercial site and further the cause of downtown revitalization through the development of a major new infill facility: WHEREAS, the new Police Department facility development requires that the City provide a comprehensive package of relocation services, pursuant to State Redevelopment Law, to business tenants that will be displaced by the project; and WHEREAS, the initial appropriation of $500,000 is inadequate to accommodate the relocation settlements as proposed and additional funding is required; NOW, THEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency of the City of Chula Vista do hereby approve a Resolution appropriating $500,000 from unexpended Redevelopment Agency 2000 Tax Allocation Bond proceeds in the Merged Project Area Fund and $500,000 from the Available Fund Balance in the Public Facilities Development Impact Fee Fund into Capital Improvement Project PS 149 for relocation costs for the new downtown police facility. Presented by Approved as to Form by ~\~ IIua Chris Salomone Director of Community Development J:\COMMDEVlRESOSlpd relocation approp #2 reso.doc cJ.-3 JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 10/23/01 ITEM TITLE: Agency Resolution Council Resolution Authorizing the Chula Vista Nature Center to apply for grant funds for the Urban Recreation and Cultural Centers, Museums and Facilities for Wildlife Education or Environmental Education Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and Appointing the Nature Center Director as the City's agent to execute related agreements with the State of California if a grant is awarded. SUBMITTED BY: Nat"" C'nt" 0;"# REVIEWED BY: Executive Director , ~ plv (4/5ths Vote: Yes- No.x.J RECOMMENDATION: That the Redevelopment Agency and City Council adopt the resolutions authorizing the Chula Vista Nature Center to apply for grant funds from the State of California and appointing the Nature Center Director as the City's agent to execute related agreements with the State of California if a grant is awarded. The Chula Vista Nature Center has been nominated by Assemblymember Vargas to compete for funding from the Urban Recreation and Cultural Centers, Museums and Facilities for Wildlife Education or Environmental Education Grant Program. Resolutions of the Redevelopment Agency and the City Council authorizing the Nature Center's grant application and designating the agency's representative are required elements of the submittal. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: The Urban Recreation and Cultural Centers, Museums and Facilities for Wildlife Education or Environmental Education Grant Program (URCC) under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 is intended to enhance, develop and rehabilitate urban recreational centers, museums and facilities for wildlife or environmental education in urban areas throughout California. Under the URCC program description, it is clear that the Nature Center's CIP project (GG175) to replace and reinterpret the educational exhibit components pertaining to San Diego Bay and wetland habitat conservation ("Project") is eligible for funding consideration. Although the original nomination proposal included a request for $50,000 in assistance, the State has informed us that the City's official application could request a higher level of funding if needed. Staff has estimated that the cost of the project will be approximately $500,000. Although the grant proposal is still being written, the request is being structured to indicate need up to $250,000, but offers a menu of support options from $25,000 to $250,000. This has worked well for State grant proposals in the past. This will be a very competitive process with proposals totaling over $450 million for $8 million in available funding. ...3- / Item#: Meeting Date: 10/23/01 The URCC guidelines require the applicant's submittal to include a resolution of its governing body which: 1. Approves the filing of an application for local assistance from the URCC; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract; and . 4. Appoints an agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests, which may be necessary for the completion of the project. It is proposed that the Nature Center Director, Daniel D. Beintema, be designated as the agent for this project. Staff would, of course, return to the City Council for appropriation of the grant funds and processing of any required documents. FISCAL IMPACT: There is no fiscal impact created by this action. If the grant is awarded in the future, the City could realize revenues to fund a portion of this project where only partial funding currently exists. ..3~d- COUNCIL RESOLUTION NO. 2001- - AND AGENCY RESOLUTION NO. - JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE CHULA VISTA NATURE CENTER TO APPLY FOR GRANT FUNDS FOR THE URBAN RECREATION AND CULTURAL CENTERS, MUSEUMS AND FACILITIES FOR WILDLIFE EDUCATION OR ENVIRONMENTAL EDUCATION GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000; AND APPOINTING THE NATURE CENTER DIRECTOR AS THE CITY'S AGENT TO EXECUTE RELATED AGREEMENTS WITH THE STATE OF CALIFORNIA IF A GRANT IS AWARDED WHEREAS, the people of the State of California have enacted the Urban Recreational and Cultural Centers, Museums, and Facilities for Wildlife Education or Environmental Education Program which provides funds to the State of California for grants to cities, counties, nonprofit organizations and federally recognized California Indian Tribes; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the Program within the state and grant project shown above, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the consistency of the Project with the Bayfront Redevelopment Plan and the approval of the application before submission of said application to the State; and WHEREAS, the City certifies that the replacement and reinterpretation of the educational exhibit components pertaining to San Djego Bay and wetland habitat conservation is a high priority need; and WHEREAS, the City will enter into a Contract with the State of California for the Project. NOW, THEREFORE, BE IT RESOLVED that the City and Redevelopment Agency of the City of Chula Vista does hereby: l. Approve the filing of an application for local assistance funds from the Urban Recreational and Cultural Centers, Museums, and Facilities for Wildlife or Environmental Education Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of2000. ] 3-3 2. Certify that the City and Agency has or will have sufficient funds to operate and maintain the Project. 3. Certify that the City and Agency has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide. 4. Certify Project consistency wjth the Bayfront Redevelopment Plan and that Project is a high priority for the City and Agency. 5. Appoint the Nature Center Director as the Redevelopment Agency's and City's agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned Project. Presented by Approved as to form by ~~+~ Dan Beintema Nature Center Director City Attorney LlAttomeylResoslNatuce Center Grant .3-~ 2 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM NO.: 4 MEETING DATE: 10/23/01 ITEM TITLE: A) RESOLUTION ADOPTING MITIGATED NEGATIVE DECLARATION 15-01-061 AND APPROVING OWNER PARTICIPATION AGREEMENT WITH THE METROPOLITAN AREA ADVISORY COMMITTEE FOR THE REHABILITATION AND RE-USE OF AN EXISTING COMMERCIAL BUILDING LOCATED AT 1351-1395 THIRD AVENUE WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA B) PUBLIC HEARING: CITY COUNCIL CONSIDERATION OF THE ISSUANCE OF TAX EXEMPT AND TAXAB~E OBLIGATIONS FOR THE METROPOLITAN AREA ADVISORY COMMITTEE, INC. WITH RESPECT TO THE PROPOSED PROJECT BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY C) RESOLUTION: CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ISSUANCE OF TAX EXEMPT AND TAXABLE OBLIGATIONS FOR THE METROPOLITAN AREA ADVISORY COMMITTEE, INC. WITH RESPECT TO THE PROPOSED PROJECT BY THE CALIFORNIA STATEWliDE COMMUNITIES DEVELOPMENT AUTHORITY SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR ~ t¿; REVIEWED BY: CITY MANAGER 4/STHS YO'l1E: YES D NO 0 BACKGROUND The Metropolitan Area Advisory Committee (MMC), a local non-profit community assistance organization, is proposing to rehabilitate and re-use the commercial building located at 1351- 1395 Third Avenue, near the corner of Quintard Street (see locator map attached as Exhibit C ta OPA). The building was formerly occupied by the San Diego County Social Services Department and the Jerome's Furniture Store. The MMC Project proposes to use the 73,OOO-square foot building for the establishment of a Community Center which will house a variety of community-oriented services as described in the body of this report. The land uses proposed to be located within the Community Center ore listed as unclassified and therefore require the issuance of an administrative Special Use Permit, which the Zoning Administrator has processed and issued. The rehabilitation and remodeling of the building's 4-1 PAGE 2, ITEM NO.: MEETING DATE: 04/18/00 interior and exterior require the MMC Project to enter into an Owner Participation Agreement with the Redevelopment Agency. The City's Environmental Review Coordinator conducted on Initial Study on the proposed project pursuont to the provisions of the Colifornia Environmental Quality Act and determined that the proposed Project would not have si!gnificant impacts on the environment and recommended adoption of Mitigated Negative Declaration IS-01-061. Since the proposed project is within the Southwest Redevelopment Project Area, the environmental document and the Owner Participation Agreement (which includes the design plans and a list of conditions) are being presented to the Redevelopment Agency for consideration and approval. Hearina Reauirement MMC has submitted to the California Statewide Communities Development Authority (CSCDA) an application for the financing of the project in an amount not to exceed $8,500,000 of bond obligations. CSCDA is a joint exercise of powers authority consisting of numerous California cities, counties and special districts, including the City of Chula Vista. The CSCDA pursuant to its Joint Exercise of Powers Agreement is authorized to assist in the financing of facilities for non-profit public benefit organizations, including the Applicant. In order to initiate such a financing under Federal and State Law, the City of Chula Vista must (i) conduct a public hearing (Tax and Equity Fiscal Responsibility Act or "TEFRA Hearing.") to give the affected community an opportunity to comment on the tax- exempt financing for the MMC facilities and (ii) approve the CSCDA's issuance of indebtedness. Therefore, although the CSCDA will be the issuer of the tax-exempt obligations for MMC and the City will have no liability or obligation in connection with the financing, the financing of the project cannot proceed without the public hearing and approval of the local governing body. RECOMMENDATION It is recommended that: 1) The Redevelopment Agency approve the resolution adopting the Mitigated Negative Declaration and approving, subject to conditions, the Owner Participation Agreement for the rehabilitation and re-use of a commercial building at 1351- 1395 Third Avenue. 2) That the City Council conduct the public hearing regarding the financing of facilities for the Metropolitan Area Advisory Committee, Inc. by the CSCDA and 3) That the City Council adopt the resolution approving the issuance, sale and delivery of tax exempt and taxable obligations to help finance the development of the project. BOARDS/COMMISSIONS RECOMMENDATION The Resource Conservation Commission (RCC) reviewed the Initial Study 01-61, determined it was adequate and recommended that the associated Mitigated Negative Declaration for the 4-;:).. PAGE 3, ITEM NO.: MEETING DATE: 04/18/00 Project be adopted. Additionolly, the RCC recommended that the Applicant install a solid waste reduction plan. DISCUSSION Site Characteristics The site for the proposed project is located mid-block on the east side of Third Avenue between Palomar Street and Quintard Street. It is located within one of the City's commercial zones, adjacent to residential areas. The subject site is approximately 5.79 acres in area and contains a 73,000-square foot building currently vacant but formerly occupied by the ~an Diego County Social Services and the Jerome's Furniture Store. Another small building (1,764 square feet) is located at the north-end of the lot and houses a fast food restaurant (Tacos EI Gordo). The site is fully developed with site improvements such as a paved parking lot, lighting, Itmdscaped areas, and a wall on the east side separating the buildings from the residential properties to the east. The surrounding properties are fully developed with the following uses: North: Retail Commercial South: Retail Commercial East: Multi-family Residential West: Retail Commercial (across Third Avenue) land Use and Zonina The current General Plan and Zoning designations are Retail Commi3rcial (CR) and Central Commercial (CC), respectively. The proposed uses for the site are considered unclassified uses, which require the issuance of an administrative Special Use Permit (SUb pursuant to the City's Zoning Ordinance and the Southwest Redevelopment Plan. The proposed Ibuilding remodeling and exterior façade improvements must go through the Design Review proce$. Because of the simple nature of the proposed Project and due to the Applicant's need to have thei SUP by mid-October for financial reasons, the SUP was issued by the Zoning Administrator, as permitted by the Zoning Ordinance. Since the estimated valuation of the proposed Project is more! than $20,000 (pursuant to the Southwest Redevelopment Plan), the design plans must be consid~red for approval by the Redevelopment Agency through an OPA. Proiect Description The proposed project consists of the rehabilitation of a vacant furnitur~ warehouse and County Welfare Services building for use as a vocational high school, day ca~e, social health services office and associated administrative office use and storage area. The MMc Center is proposed to include the following specific activities: Head Start Child Development Center Community Charter High School Health Services Center (DUI Program) 4-3 PAGE 4, ITt. NO.: MEETIN DATE: 04/18/00 Weatherization Progrom (Administrative Office Only) General Construction Training Miscellaneous office space to be made available for lease The population for each of the programs (attendees and employees), m<jJximum at anyone time, is as follows: Charter High School 90 students initially 832 students by 2005' Charter High School (Interns) 25% of student enrollment/on campus two hours; one day per week (Independent Study) 25% of student enrollment/an campus one day per week Charter High School Staff 12 full-time employees Weatherization Program staff 10 employees/20 intern trainees ECS Child Development Center 115 children ECS Child Center Staff 12 employees ¡ Health Services (DUI Program) 205 clients peak-time; 170cþ enrolled ! MMC Health Services Staff ' 39 employees , The five-year student projection for the MMC Charter High Schqol will range for first year operation of 90-students to 832-students by the y~ar 2005-2006. Approximately 25% will be assigned to Independent Study, atten*ng one day per week and 25% will be in an internship program. Both progr ms will require students to attend one day per week. Once student enrollm~nt reaches 500 students, the Health Service programs will relocate to another sitel and the Charter high school will utilize that area. ' The hours of operation will be from 7:00 a.m. - 10:00 p.m. segmented between the different MMC programs: I Charter High School Monday thru Friday (8:00 a.m. - 5:00 p.~.) Head Start Daycare Monday thru Friday (7:00 a.m. - 1 0:00 ~.m.) Health Services/ Monday thru Friday (8:00 a.m. - 110:00 p.m.) DUI Program Saturday (8:30 a.m. - ~:oo p.m. (During the DUI program's maximum usage, the High School and offices will be closed). 4~cf PAGE 5, ITEt-' NO.: MEETIN~ DATE: 04/18/00 Proposed Renovation The rehabilitation and re-use of the Property involves the renovqtion of the building's interior/exterior, and the improvement of the site's parking lot. The buil~ing's interior space will be reconfigured to accommodate and facilitate the operations of the varibus programs described above. This will include repairing and upgrading damaged walls, roof aind ceilings; constructing new and upgrading exiting restroom facilities; upgrading electrical systems to meet the needs of the new uses; upgrading the air-conditioning and heating systems and interior lighting fixtures. The building's exterior walls will be upgraded in conformance with a net architectural design to provide for substantial beautification of the existing structures. Rodriguez & Simon, a local architectural firm, prepared the design drawings (attached to the OPA), v-.1hich provide a variety of design elements intended to change the building's plain "box" appea;ance and make it look more artistic. Some of the architectural elements include: . Four main entryways architecturally different through the combinþtion of different colors, artistic shaded facades, and signage; . New light fixtures along building columns to break the horizortal visual effect of the length of the building; : . An artistic façade above the entry to the Community Charter Hi¡jh School to identify the main entry to the educational activities; and . 3-D artistic figurines along the wall between the Child Developm~nt Center entryway and the Community Charter High School. I The existing parking lot and exterior grounds facing Third Avenue will be upgraded through a variety of landscape and hardscape elements, which includes the followin~: . an 8,OOO-sq. ft. playground with state-of-the-art equipment imn(1ediately in front of the Child Development Center Main entryway; : . a pedestrian corridor along the walkway between the Child! Development Center's playground and the Community charter High School's entryway, i¡'cluding outdoor eating tables and benches; . an "Avenida" pathway leading from Third Avenue t the school's ~oolWay lined with trees and prominent landscaping to buffer the traffic from the parking l<I>t; . enhanced landscape materials throughout, including a berm alc:~ng the perimeter of the parking lot facing the Third Avenue and Quintard Street corridors. Public Forum As part of the processing of the proposed project, Community Dev$lopment staff and the Applicant held a public forum at the Otay Community Center buildin~ (located next to Otay Elementary School and the Otay Recreation Center) to present the proposed project to the community and hear comments or concerns. Notice (in English and Sp,imish) of the forum was 4- S- PAGE 6, ITEfA NO.: MEETIN~ DATE: 04/18/00 sent two weeks in advance to all property owners and tenonts within a~ approximate radius of 900 feet from the subject site (the legal requirement is for a 300 feet radius). Only two persons attended the meeting and no comments were received. No correspo~dence or inquiries have been received by staff on this project. As port of the processing of the; Special Use Permit and Design Review by the Zoning Administrator, a public notice was sent to all property owners within 500 feet from all side of the subject property informing them that the, City was reviewing the design plans and the requested permit. No comments were rec",ived by staff. It should be noted that no public hearing is necessary for the Agency to consider and appro~e an OPA Environmental Review The City's Environmental Review Coordinator conducted and initial studYI of the proposed project and determined that project did not require the preparation of an Envirqnmental Impact Report. However, the Coordinator determined that the implementation of th~ project would require certain mitigation measures in order to keep potential impacts below, a level of significance. Among the mitigation measures are th", following: . Removal, by a consultant certified by the State of California, of lany asbestos and lead- based paint found as part of the demolition work. ' . Traffic measures (such crosswalks, restrictions of driveway use, I and limitation of truck traffic maneuvers around the site) intended to make traffic circulation safer. . Compliance with requirements of the Clean Water Act, the I!tegional Water Quality Control Board, and NPDES. With the Implementation of these mitigation measures, the project's imp~cts will be kept below a level of significance. The Applicant has agreed and these measures hav~ been incorporated into the Project. Proiect SUmmary """" O" fu. ,~i~ of fu. pm"","" pmioct. "". ""=io""o,, i, >hI fu. pmiod will b. 00 improv",ment for the area. The propos",d building renovation and b",a tification will provide a significant enhancement to the site. The proposed land use will re-activ te an existing structure and will provide a variety of beneficial programs for the community, a d will bring additional activity to this part of the City. Based on this assessment, staff believes this project benefits the area and, thus, will help to implement the goals and objectives of the S uthwest Redevelopment Plan. Therefore, staff recommends approval of the OPA and the propos d plans being proposed by the MMC Project. ! Proposed Financina of Proiect I It is currently ",stimated that the proposed project cost will be appr~XimatelY $8.6 million. Sources of funding for the Project will include bond proceeds and convent onalloans. , 4- ~ PAGE 7, ITE~ NO.: MEETIN~ DATE: 04/18/00 As part of its financing plan, MAAC has requested the California, Statewide Communities Development Authority (CSCDA), issue bond obligations in an amount no¡!. to exceed $8,500,000. The CSCDA is a joint exercise of powers authority consisting of numerous f:;alifornia cities, counties and special districts, including the City of Chula Vista. CSCDA pursucimt to its Amended and Restated Joint Exercise of Powers Agreement is authorized to assist in the fi~ancing of the facilities to be constructed by MAAc. In order to initiate this financing request, the City of Chula Vista must: (1) ~onduct a public hearing (TEFRA hearing) on the proposed financing and; (2) approve CSCDA's i~suance of indebtedness. Therefore, although CSCDA will be issuer of the obligations for MAAt, the financing cannot proceed without the approval of the City of Chula Vista. The City will have ,no liability or obligations in connection with the bonds. MAAC shall be responsible for the payment of all present and future co~s in connection with the issuance of the obligations, including, but not limited to, any fees and xpenses incurred by the City in anticipation of the issuance of the obligations. The payment of t~ principal, prepayment premium, if any, and purchase price of and interest on the obligati ns shall be solely the responsibility of MAAc. The obligations shall not constitute a debt or o~ligation of the City and the adoption of the proposed resolution is solely for the purpose of mee ing the requirements of Federal tax law and the Government Code. I FISCAL IMPACT Since the Developer is a non-profit organization, the acquisition of the s~bject property will more than likely cause its removal from the tax rolls, eliminating approximately,$3,500 in tax-increment revenue from that property currently accruing to the Redevelopment Agency!fund. Neither the City nor the Agency would be under any obligation to repay the! bond indebtedness or to incur any costs related to the issuance of the bonds. I ATTACHMENTS Attachment A - Mitigated Negative Declaration IS-01-061 I Attachment B - Owner Participation Agreement with the following: I I Exhibit A - Design Plans I Exhibit B - Zoning Administrator Conditions of Apprtval Exhibit C - Locator Map ¡ ! I J:\COMMDEV\STAFF.REP\ lO-23-01\MAAC Project Community Cenler Report.doc ' , ! 4-7 RESOLUTION NO. - RESOLUTION OF THE REDEVELOPMENT AGENCY OF TH CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DEC RATION IS-01-061 AND APPROVING OWNER PARTI IPATION AGREEMENT WITH THE METROPOLITAN AREA DVISORY COMMITTEE FOR THE REHABILITATION PND RE-US OF AN EXISTING COMMERCIAL BUILDING LOCATED AT 351-1395 THIRD AVENUE WITHIN THE SOUTHWEST REDEVE OPMENT PROJECT AREA WHEREAS, the Metropolitan Area Advisory Committee (MMC Project) s proposing to acquire the property 1351-1395 Third Avenue (Property), which is diagrammatically shown i the Locator Map attached to the Owner Participation Agreement and incorporated herein by reference; and, WHEREAS, the MMC Project has presented plans for the rehabilitation and re-use of the Property ("Project"); and WHEREAS, the site for the proposed Project is located within the Southw st Redevelopment Project Area under the jurisdiction and control of the Redevelopment Agency of the City 0 Chula Vista; and, WHEREAS, the City's Environmental Review Coo rdinator reviewed the p oposed Project and issued Mitigated Negative Declaration IS-01-61 for the project in accordance with CEQA and, WHEREAS, the Zoning Administrator reviewed the design plans for the Project and recommended that the Redevelopment Agency approve the proposed Project subject to the con itions 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 Secr tary to the Redevelopment Agency and known as document RACO-01-025, approving the rehabilitation an re-use of the commercial building located at 1351-1395 Third Avenue, depicted In Exhibit A and subject to onditions listed in Exhibit B of said agreement NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CI OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The proposed project will not have a significant Impact on the environment; accordingly Mitigated Negative declaration IS-01-61 was prepared and is hereby dopted in accordance with CEQA. 2. The proposed project is consistent with the Southwest Redev lopment Plan and shall implement the purpose thereof; the project shall assist with the elimin tion of bl ight in the Project Area. 3 The Redevelopment Agency of the City of Chula Vista hereby appro es the Owner Participation Agreement with the Metropolitan Area Advisory Committee for the ehabilitation and re-use of the commercial building located at 1351-1395 Third Avenue, in the form presented in accordance with plans attached thereto as Exhibit A and subject to c nditions listed in Exhibits B of said agreement 4-f 4. The Chairman of the Redevelopment Agency is hereby authorized t execute the subject Owner Participation Agreement between the Redevelopment Agency nd the Metropolitan Area Advisory Committee. 5. The Secretary of the Redevelopment Agency is authorized and dir cted to record said Owner Participation Agreement in the Office of the County Recorder of San iego, California. Presented by: k. ~ Chris Salomone Community Development Director J:\COMMDE,^RESOSIMAAC Project Community Center Reso.doc 4- 9 RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CI OF CHULA VISTA APPROVING THE ISSUANCE OF TAX-EXEMPT AND TAX BLE OBLIGATIONS FOR THE METROPOLITAN AREA ADVISORY COMMI TEE, INc. WITH RESPECT TO THE PROPOSED PROJECT BY THE CALIF RNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHO ITY WHEREAS, the California Statewide Communities Deve opment Authority (the "Authority"), of which the City of Chu]a Vista (the "City") is a ember pursuant to the provisions of that certain Amended and Restated Joint Exercise of Po ers Agreement Re]ating to the California Statewide Communities Deve]opment Authority, da ed as of June 1, 1988 (the "Agreement"), is authorized by the laws of the State of California the "Law") to cause the execution and delivery of taxable and tax-exempt obligations for e purpose of financing educational and other facilities owned and operated by nonprofit p blic benefit corporations located within the area of operation of the Authority; and WHEREAS, the Metropolitan Area Advisory Committee, Inc. ("MAAC"), a nonprofit public benefit corporation formed for the purpose of providing socia] services through community development, has requested the Authority to cause th issuance of tax-exempt obligations and qualified zone academy obligations, to be issue in one or more series (together, the "Obligations") in the approximate amount of $8,500,0 0, the proceeds of which shall be used for the purpose of financing the acquisition, rehabil"tation, construction and equipping of a 72,000 square foot facility to be used for education I purposes and to house additional socia] service programs to be located at 1351-1395 Thi d Avenue, Chu]a Vista, California (the "Project"); and WHEREAS, Section 147(f) of the Internal Revenue Code of 1 86 (the "Code") requires that the "app]icab]e elected representative" with respect to the Project hold a public hearing on the issuance and delivery of the Obligations; WHEREAS, the City Council of the City of Chu]a Vista, a the "applicable elected representatives" to hold said public hearing, has held said public h aring at which all those interest in speaking with respect to the financing of the Project were hard; WHEREAS, Section 6586.5 of the California Government ode (the "Government Code") requires that the City Council approve the financing upo a finding of significant public benefit after a public hearing following publication of at Ie st five days' notice in a newspaper of general circulation in the City; WHEREAS, the City Council has on the date hereof held a ublic hearing following duly published notice thereof and all persons desiring to be heard hav been heard; and NOW, THEREFORE, be it resolved by the City Council of th City of Chula Vista, as follows: 4-(0 Section 1. The City Council hereby finds and determines at the foregoing recitals are true and correct. Section 2. The City Council hereby approves the issuanc of the Obligations with respect to the proposed Project by the Authority. Section 3. The issuance and delivery of the Obligation shall be subject to the approval of and execution by the Authority of all financing docu ents relating thereto to which the Authority is a party and subject to the sale of the Obligatio s by the Authority. Section 4. MAAC shall be responsible for the payment f all present and future costs in connection with the issuance of the Obligations, including, b t not limited to, any fees and expenses incurred by the City in anticipation of the issuance of the Obligations. The payment of the principal, prepayment premium, if any, and purcha price of and interest on the Obligations shall be solely the responsibility of MAAc. The Obli ations shall not constitute a debt or obligation of the City. Section 5. This Council hereby determines that it is approp iate for the Authority to cause the issuance of the Obligations to finance the acquisition, rehab litation, construction and development of the Project and hereby approves the issuance of e Obligations. It is the purpose and intent of the Council that this resolution constitute appr va] of the Obligations for the purposes of Section 9 of the Agreement. Section 6. This Council hereby finds that the financing 0 the Project will result in significant public benefits to the citizens of the City pursuant to Sectio 6586 of the Government Code. Section 7. The adoption of this Resolution is solely for th purpose of meeting the requirements of the Code and the Government Code and shall not e construed in any other manner, the City nor its staff having fully reviewed or considered the financial feasibility of the financing of the Project or the expected operation of the Project wi regards to any State of California statutory requirements, and such adoption shall not obliga e, without further formal action to be taken by this Council, (i) the City to provide financing t MAAC for the financing of the acquisition, construction and development of the Project or to cause the delivery of the Obligations for the purpose of such financing; or (ii) the City, or any epartment of the City, to approve any application or request for, or take any other action in connection with the ownership or operation of the Project. Section 8. The City Clerk of the City shall forward certified copy of this Resolution and a copy of the affidavit of publication of the public hear' g notice to: Stephen G. Melikian Jones Hall, A Professional Law Corpora 'on 650 California Street, 18th F]oor San Francisco, California 94108 Section 9. This Reso]ution shall take effect from and after e date of its passage and adoption. 4- r( PRESENTED BY: FORM BY: ~-~ !IuÆ Chris Salomone Director of Community Deve]opment J:\ COMMDEV\RESOS\ TEFRAdoc 4-12- Recording Requested By: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 When Recorded Mail To: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 Attn: Judi Bell (Space Abo e This Line For Recorder) APN: 619-300.11 OWNER PARTICIPATION AGREEMENT METROPOLITAN AREA ADVISORY COMMITTEE 1351-1395 THIRD AVENUE THIS AGREEMENT is entered Into by the REDEVELOPMENT AGENCY OF HE CITY OF CHULA VISTA, a public body corporate and politic (hereinafter referred to as "AGENCY"), and the Metropolitan Area Advisory Committee on Anti-poverty in San Diego County, Inc" subject Property Own r (hereinafter referred to as "DEVELOPER"), effective as of October 23, 2001. WHEREAS, the DEVELOPER desires to rehabilitate and re-use a certain real p perty within the SOUTHWEST REDEVELOPMENT PROJECT AREA ("Project Area") which is subject to the jurisdict on and control of the AGENCY; and, WHEREAS, the DEVELOPER has presented plans for the rehabilitation a d re-use of the building (the "Project") to the City's Zoning Administrator; and, WHEREAS, said plans for development have been recommended for approval y the Zoning Administrato~ and, WHEREAS, the AGENCY has considered the Zoning Adminstrator's recomm ndation and has approved the Project and design plans subject to certain terms and conditions; and, WHEREAS, the AGENCY desires that said Project be implemented and compl ted as soon as it is practicable in accordance with the terms of this Agreement. NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows: 1. The property to be developed is described as Assessor's Parcel umber 619.300-11 located at 1351-1395 Third Avenue, Chula Vista, CA., shown on locator m p attached hereto and by this reference incorporated herein ("Property"). 2. The DEVELOPER covenants and agrees by and for himself, his heir ,executors, administrators and assigns and all persons claiming under or through them the followin : A. DEVELOPER shall develop the Property with the Project in accordance with the AGENCY approved development proposal attached hereto as Exhibi "A". B. DEVELOPER shall obtain all necessary federal/state and I cal governmental permits and approvals and abide by all applicable federal, state and loca laws, regulations, policies and approvals in connection with the development of the Projec . DEVELOPER further agrees that this Agreement is contingent upon DEVELOPER secur i g said permits and approvals. DEVELOPER shall pay all applicable development impact nd processing fees. 4 -(3 C. DEVELOPER shall obtain building permits within one year rom the date of this Agreement and to actually develop the Property with the Project wi hin one year from the date of issuance of the building permits. In the event DEVELOPE fails to meet these deadlines, the Agency's approval of DEVELOPER's development p oposals shall be void and this Agreement shall have no further force or effect. D. In all deeds granting or conveying an interest in the Prope ,the following language shall appear: 'The grantee herein covenants by and for himsel , his heirs, executors, administrators and assigns, and all persons clai ing under or through them, that there shall be no discrimination against or segregation o~ any person or group of persons on account of race, co! r, creed, national origin or ancestry in the sale, lease, sublease, transfer, u e, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee himself or any persons claiming under or through im establish or permit any such practice of discrimination or segregatio with reference to the selection, location, numbe~ use or occupancy of tenants, lessees, subtenant lessees, or vendees in the premises rein conveyed. The foregoing covenants shall run with the land.' E. In all leases demising an interest in all or any part of the P operty, the following language shall appear: 'The lessee herein covenants by and for himsel his heirs, executors, administrators and assigns, and all persons claimin under or through him, and this lease is made and accepted upon and s bject to the following conditions: That there shall be no discrimination against or seg egation o~ any person or group of persons, on account of race, color, en ed, national origin, or ancestry, in the leasing, subleasing, transferring u ,occupancy, tenure, or enjoyment of the premises herein leased, nor sh II the lessee himself or any persons claiming under or through him, establ h or permit any such practices of discrimination or segregation with refe ence to the selection, location, number or use, or occupancy of tenants, lessees, subfessees, subtenants, or vendees in the premises herein Ie ed." 3. The Property shall be developed subject to the conditions imposed b the Zoning Administrator and the AGENCY as described in Exhibit "B" attached hereto and inco rated herein by this reference. DEVELOPER acknowledges the validity of and agrees to accept sue conditions. 4. DEVELOPER shall maintain the premises in FIRST CLASS CONDIT ON. A. DUTY TO MAINTAIN FIRST CLASS CONDITION. Through utthe term of this Agreement, DEVELOPER shall, at DEVELOPER's sole cost and expen e, maintain the Property which includes all improvements thereon in first class condition and repair, and in accordance with all applicable laws, permits, licenses and other gove mental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter nacted, issued or promulgated by federal, state, county, municipal, and other government I agencies, bodies and courts having or claiming jurisdiction and all their respective depart ents, bureaus, and officials. 4--1,-/ If the DEVELOPER fails to maintain the Property in "first class condition", the Redevelopment Agency of the City of Chula Vista or its age ts shall have the right to go on the Property and perform the necessary maintenance and th cost of said maintenance shall become a lien against the Property. The Agency shall ha e the right to enforce this lien either by foreclosing on the Property or by forwarding the a ount to be collected to the Tax Assessor who shall make it part of the tax bill. B. DEVELOPER shall promptly and diligently repair, restore, alt r, add to, remove, and replace, as required, the Property and all improvements to maintain 0 comply as above, orto remedy all damage to or destruction of all or any part of the improve ents. Any repair, restoration, alteration, addition, removal, maintenance, replacement an other act of compliance under this Paragraph (hereafter collectively referred to as "Resto ation") shall be completed by DEVELOPER whether or not funds are available from ins rance proceeds or subtenant contributions. C. In order to enforce all above maintenance provisions, the pa ies agree that the Community Development Director is empowered to make reasonable de erminations as to whether the Property is in a first class condition. If he determines it is not, he (1) will notify the DEVELOPER in writing and (2) extend a reasonable time t cure. If a cure or substantial progress to cure has not been made within that time, the Dir ctor is authorized to effectuate the cure by City forces or otherwise, the cost of which will e promptly reimbursed by the DEVELOPER. D. FIRST CLASS CONDITION DEFINED. First class condition and repair, means an efficient and attractive condition, at least substantially equal in quali to the condition which exists when the Project has been completed in accordance with all pplicable laws and conditions. 5. AGENCY and DEVELOPER agree that the covenants of the DEVELO ER expressed herein shall run with the land. DEVELOPER shall have the right, without prior appr val of AGENCY, to assign its rights and delegate its duties under this Agreement. 6. AGENCY and DEVELOPER agree that the covenants of the DEVEL PER expressed herein are for the express benefit of the AGENCY and for all owners of real prope within the boundaries of the PROJECT AREA as the same now exists or may be hereafter amend . AGENCY and DEVELOPER agree that the provisions of this Agreement may be specifically enfo ed in any court of competent jurisdiction by the AGENCY on its own behalf or on behalf of any 0 ner of real property within the boundaries of the PROJECT AREA. 7. AGENCY and DEVELOPER agree that this Agreement may be record by the AGENCY in the Office of the County Recorder of San Diego County, Califomia. 8. DEVELOPER shall and does hereby agree to indemnify, protect, defe d and hold harmless AGENCY and the City of Chula Vista, and their respective Council members, 0 Icers, employees, agents and representatives, from and against any and all liabilities, losses, damag s, demands, claims and costs, including court costs and reasonable attorneys' fees (collectively, "Iiabi ities") incurred by the AGENCY arising, directly or indirectly, from (a) AGENCY's approval of this Agre ment, (b) AGENCY's or City's approval or issuance of any other permit or action, whether discreti nary or non-discretionary, in connection with the Project contemplated herein, and (c) DEVELOPE s construction and operation of the Project permitted hereby. 9. In the event of any dispute between the parties with respectto the oblig tions under this AGREEMENT that results in litigation, the prevailing party shall be entitled to recove its reasonable attorney's fees and court costs from the non-prevailing party. q-/S- 1O. Time is of the essence for each and every obligation hereunder. 11. If DEVELOPER fails to fulfill its obligations hereunder after due notice and reasonable opportunity to cure, DEVELOPER shall be in default hereunder, and in addition t any and all other rights and remedies AGENCY may have, at law or in equity, AGENCY shall ave the right to terminate its approval of the Project and this Agreement. Signature Page Follows q-/~ Signature Page IN WITNESS WHEREOF THE PARTIES HAVE ENTERED INTO THIS AGREEMENT E FECTIVEAS OF THE DATE FIRST WRITTEN ABOVE. REDEVELOPMENT AGENCY OF THE CI OF CHULA VISTA "AGENCY" DATED: By: Shirley Horton, Chairman 'DEVELDPERP=l DATED: 10 -I 5 - 0 I By: ~m'" """""",EO ---- NOTARY: Please attach acknowledgment careL APPROVED AS TO FORM BY: John M. 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'i> Ie: ! - ~ ttL ~ I~ ~ I " 0 S! ," ¡ ~ J:S:~ I: ~õ ~~~~ ~ Îi~5: g' .:: e=¡¡¡; I il 2 lion ~ '" Ze=¡ i i ~ ,...., ,~'tI ííJ:;¡ ¡: ~c "'C I' ~ ,:~ ~>ö ,0 v>¡::j ~ [IJ' 11"11!8~i!j' .¡';g. m -" õ '" '~þj 0:: -> ~ ~ ~ !'J :ê ¡iin ~ ¡: ZS: (oJ:!: ~ Iv>!'"'g I-no! ~!!! t"". .i:' Z ¡;;; '="':::...""""..:"""-=-==::=-':'-:':"-'::'=':'==="""'"":'~'=:':'=~':.::.'~""'-;:'~'.:'.:':=" '.-:::::":'":':;.=:'::'.""=."""=,," II 4 -3-0 EXHIBIT B Conditions of Approval IOwner Participation Agreement The Metrop~litan Area Advisory Committee I 1351.1395 Third Avenue Chula Vista, CA CONDITIONS OF APPROVAL Planning and Building Department Conditions: B. Site plans and building elevations incorporating all conditions of approval and any revised conditions shall be submitted to the Director ofPlanniþg and Building for review and approval. C. Submit a landscape and jrrigation plan incorporating all condItions of approval and any revised conditions for the review and approval of the City! Landscape Planner. The landscape plan shall address all comments of the City Land6cape Planner attached in Exhibit "B". D. Submit an application for a sign program for all proposed! signs. All signs shall be consistent as to size and location with the Zoning Adminltrator approvals for this project. Signs shall not be allowed to project above the roo of the building and shall meet the area requirements of the Chula Vista Municipal Code. E. Comply with all requirements of the Building Division inclu~ing the following: , ]) Submit architectural plans that are stamped and signed by a!licensed architect. Plans shall include a site plan and building elevations that are 90nsistent with this DRC approval. 2) Structural plans and calculations must be stamped and signed ~y a California Registered Civil/Structural Engineer. 3) Project shall comply with ]997 UBC and 1996 NEe. : 4) Project shall comply with] 998 handicapped accessibility! requirements. 5) Plans shall indicate type of occupancy. F. A graffiti resistant treatment shall be specified for all wall an~ building surfaces. This shall be noted for any building and wall plans and shall be revifwed and approved by the Director ofPlannjng & Building prior to the issuance ofbuildi~g permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035iofthe CVMC regarding graffiti control. G. All exterior lighting shall include shielding to remove any glar~ ITom adjacent residents. Details for said lighting shall be included in the architectural pJans and shall be reviewed and approved to the satisfaction of the Director of Planning aw.d Building. 4-31 EXHIBIT B Conditions of Approval Owner Participation Agreement The Metropo!itan Area Advisory Committee 1351.1395 Third Avenue Chula Vista, CA Engineering Department Conditions H. Prior to the issuance of building permits for the charter SChoo~ the following fees shall be paid based upon the final building plans submitte : ]) Sewer connection/capacity fees. 2) Traffic signal fees. Fire Department Conditions: 1. Prior to the issuance of building permits, the applicant sh~1I submit plans for the review and approval of the City ofChula Vista Fire Departm~nt. Other Conditions: I M. Prior to the issuance of building permits for the charter sqhool, the applicant shall address the comments of the Sweetwater Authority as out1in~d in Attachment "B". , II. Prior to use or occupancy of the charter school and daycare cente~ in reliance on this approval, the following requirements shall be met: A. All landscaping and hardscape improvements shall be installe~ in accordance with the approved landscape plan and the comments of the City Lands4ape Planner. B. The project shall conform with all components of the mitiigation monitoring and reporting program as specified in Mitigated Negative DeclaratIon [IS-0]-06]] attached hereto as Attachment "A" to this notice. C. The applicant shall install a ] 50-watt concrete standard street li~ht at the easterly side of the property fronting Quintard Street. D. The applicant shall remove and replace uplifted sections of sidFwalk on the 3'd Avenue side of the property that are marked with white paint. E. The applicant shall mill or replace uplifted sections of sidewalkf on Quintard Street side of property that are marked with white pajnt. F. The applicant is required to extend the raised median in frodt of the property on 3'd Avenue 30 feet more to the north along 3'd Avenue. 4-.E:J.... EXHIBIT B Conditions of Approval pwner Participation Agreement The Metropolitan Area Advisory Committee , 1351-1395 Third Avenue Chula Vista, CA G. A crosswalk shall be striped along the pavement in front of th~ day care center, in order to increase the safety of pedestrians walking from the parking lo~ to the building entrances. H. The southernmost driveway along Third Avenue shall be restricted to right in/right out- only movemen1s and the northernmost driveway along Third 11\ venue shall operate as an exit-only driveway. I. The applicant shall remove five existing parking spaces at t* northwest comer of the building and two (2) spaces at the northeast comer of tbe building, in order to accommodate the truck track at the rear of the building. III. The following on-going conditions shall apply to the subject property as long as it relies upon this approval. A. The site shall be developed and maintained in accordance wit» the approved plans dated October] 5,200] which include site plans, architectural elevatipns, exterior materials and colors, and landscape plans, on file in the Planning DivisionJ the conditions contained herein, and Title] 9 of the Chula Vista Municipal Code. B. The hours of operation for the various programs on site shall be as follows: Charter High School Monday through Friday (8100 a.m. to 5:00 p.m.) Weatherization Program Monday through Friday (7100 a.m. to 4:00 p.m.) Head Start Daycare Monday through Friday (7jOO a.m. to ]0:00 p.m.) Health Services/DUI Program Monday through Friday (8jOO a.m. to 10:00 p.m.) Saturday (8:130 a.m. to 3:00 p.m.) C. Maximum enrollment of the Charter School shall not exceed $32 students. A maximum of 50 percent of the students enrolled in the Charter School $hall be on campus at any given time. Enrollment ofthe Charter School may be increase~ subject to the approval of the Zoning Administrator. ' D. This Special Use Permit authorizes only those uses specified iIi the application for SUPS- 0] -06. Any new use or modification/expansion of uses auth~rized under SUPS-OJ -06 shall be subject to the review and approval of the Zoning Adlninistrator. I E. On site vocational training shall not involve the outdoor use pf power equipment. 4-33 EXHIBIT B Conditions of Approval ¡Owner Participation Agraament The Metro~olitan Area Advisory Committee , 1351.1395 Third Avenue Chula Vista, CA F. The outdoor storage of construction materials/equipment or ojher training materials shall not be permitted within the 25 foot side yard setback area. Tljis area shall be adequately screened from adjoining properties and the public right-of-wky at all times. I G. The curb abutting the daycare center shall be painted red an!f designated a no parking area. The applicants shall monitor the site to ensure that cars tire not parked in said area. 4-31 °Dl ~~ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR Ä~~¿I~'i1T METROPOLITAN AREA ADVISORY PROJECT DESCRIPTION: C9 : COMMITTEE CENTE (MAAC) INITIAL STUDY PROJECT 1351-1395 THIRD AVENUE ADDRESS: Request: Proposal for a Charter High School and Community Service Center at the northeast SCALE: I FILE NUMBER: comer intersection of Third Avenue. NORTH No Scale IS-01-061 Related Cases: DRC-O1-57. SUPS-01-06 j:lhomelplanning\cherrylcllocatorsIIS01061.cdr 8.3.01 4-3~ ~/,?.;() C;;!:, MAIL TO: City ofChula Vista Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Attn: Marilyn Ponseggi NOTICE OF PROPOSED MITIGATED NEGATIVE DECLARATION (FINDING OF NO SIGNIFICANT ENVIRONMENTAL IMPACT) NOTICE IS HEREBY GIVEN that the City of Chula Vista is considering a reconunendation that the project herein identified will have no significant environmental impact in compliance with Section 15070 of State CEQA guidelines. A copy of the Mitigated Negative Declaration (fmdings) is on file in the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. This document is available for public review between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Anyone wishing to comment on the proposed Mitigated Negative Declaration should provide their written conunents to the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910 by October 15, 2001. This proposed fmding does not constitute approval or denial of the project itself; it only determines if the project could have significant environmental impact. Projects, which could have significant impact, must have an Environmental Impact Report prepared to evaluate those possible impacts in compliance with Section 15064 of State CEQA Guidelines. If you wish to challenge the City's action on this Mitigated Negative Declaration in court, you may be limited to raising only those issues you or someone else raised in written correspondence. For further information concerning this project, please contact Maria C. Muett (619) 585-5747. This notice is required to be filed with the County Clerk's office for a period of not less than thirty (30) days. ASSESSOR'S PARCEL NUMBERS: 619-300-1100 PROJECT LOCATION: 1351-1395 Third Avenue, Chula Vista, CA. PROJECT DESCRIPTION: The proposed project consists of the rehabilitation of a vacant furniture warehouse and County Welfare Services building. The proposal consists of a vocational high school, day care, office use, social health services and storage area for the Metropolitan Area Advisory Committee Center (MAAe), a non-profit conununity service. The proposed MAAC Center's Programs include a Head Start Child Development Center, Conununity Charter High School, Health Services Center (Dill Program), Weatherization Program (office only), and General Construction Training. In addition, 8,000 square feet of office space will be made available for lease. Site improvements include building remodeling, increased landscaping, parking improvements. lighting and interior fencing. The required discretionary applications include a Special Use Permit and Design Review. DECISION-MAKING AUTHORITY: Zoning Administrator INITIAL STUDY NO.: IS-01-061 DATE: September 14, 2001 J:\PlanningIMARIA \MISC\isO 161.nneg.doc 4-3{'" Mitigated Negative De . PROJECT NAME: Metropolitan Area Advisory Committee Center (The MAAC Project) PROJECT LOCATION: 135]-1395 Third Avenue ASSESSOR'S PARCEL NO.: 6]9-300-] ]00 PROJECT APPLICANT: E. Roger Caldwell/Craig Frederickson CASE NO.: IS-0]-06] DATE: September ]4,200] A. Proiect Setting The 5.79 - acre site is located on the east side of Third Avenue between East Palomar Street and Quintard Street (refer to Exhibit A-Locator Map). The site is currently developed with a vacant 7],99] square-foot building and an occupied 1.764 square-foot Mexican restaurant. The vacant building previously contained a furniture warehouse and County Health and Welfare administrative offices concurrently. The combined building square footage on the site totals 73,600 square feet. The site is fully developed with site improvements such as a paved parking lot, lighting, landscaped areas (of non- native plant materials), and perimeter wall. The surrounding area is fully developed with the following land uses: North - Commercial Retail; South - Commercial Retail; East - Multi-Family Residential; West - Commercial Retail. The current zoning is CC-Central Commercial and the General Plan designation of CR-Retail Commercial. B. Proiect Description The proposed project consists of the rehabilitation of a vacant furniture warehouse and County Welfare Services building for use as a vocational high school, day care, social health services office and associated administrative office use and storage area for the Metropolitan Area Advisory Committee Center (MAAC), a non-profit community service. The MAAC Center is proposed to include the following specific activities: Head Start Child Development Center Community Charter High School Health Services Center (001 Program) Weatherization Program (Administrative Office Only) General Construction Training Miscellaneous office space to be made available for lease 4-37 The population for each of the programs (attendees and employees), maximum at anyone time, is as follows: Charter High School 90 students initially 832 students by 2005" Charter High School (Interns) 25% of student enrollment! on campus two hours; one day per week (Independent Study) 25% of student enrollment! on campus one day per week Charter High School Staff ]2 full-time employees Weatherization Program staff ] 0 employees/20 intern trainees ECS Child Development Center ]]5 children ECS Child Center Staff 12 employees MAAC Health Services (DU] Program) 205 clients peak-time; ] 700 enrolled MAAC Health Services Staff 39 employees "The five-year student projection for the MAAC Charter High School will range for first year operation of 90-students to 832-students by the year 2005-2006. Approximately 25% will be assigned to Independent Study, attending one day per week and 25% will be in an internship program. Both programs will require students to attend one day per week. Once student enrollment reaches 500 students, the Health Service programs will relocate to another site and the Charter high school will utilize that area. The hours of operation will be from 7:00 a.m. - 10:00 p.m. segmented betwccn the different MAAC programs: Charter High School Monday tbm Friday (8:00 a.m. - 5:00 p.m.) Head Start Daycarc Monday thru Friday (7:00 a.m. - 10:00 p.m.) Health ServiceslDUI Program Monday thru Friday (8:00 a.m. - 10:00 p.m.) Saturday (8:30 a.m. - 3:00 p.m. (During the DUI program's maximum usage, the High School and offices will be closed). The parking requirement is based upon the operation profiIe, square footage and studcnt!employce population of the MAAC project. The total existing on-site parking is 380 spaces and the total parking upon completion of the proposed site modifications is 298. The proposed parking meets the City's parking requirement of 197 spaces. There are 10 I surplus parking spaces available during peak hours. Parking analysis for the MAAC Project considered the initial startup and the maximum use at the end of the five-year projection and associated programs. The proposed project includes the following physical changes; a) minor demolition and renovation to the exterior perimeters of the existing building, b) renovation to the building's interior space to accommodate and facilitate the operations of the various programs described above, c) construction of a -4 -.3f façade above the entry to the Community Charter High School to identitY the main entry to the educational activities, d) upgrade exterior grounds with a pedestrian corridor to the entrances of the educational facilities, outdoor eating areas, installation of 8,000 square-foot daycare playground, enhancement of perimeter landscaping and parking lot landscaped areas. C. Compliance with Zoning and Plans The proposed project (The MAAC Center) is consistent with the CC (Central Commercial) zoning designation, CR (Retail Commercial) General Plan designation, and the City's environmental plans and policies. The required discretionary applications required are Administrative Special Use Permit and Design Review. D. Public Comments On August 30,200] a Notice ofInitial Study was circulated to property owners within a 500-foot radius of the proposed project site. The public review period ended September ]3,2001. No written comments were received. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist form) determined that the proposed project would not result in a significant environmental effect. The preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. F. Mitigation Neccssarv to Avoid Significant Impacts Air Oualitv/Hazards (Minor removal of exterior building facade) 1. Prior to demolition or renovation activities, the applicant shall contract with an environmental consultant certified by the State of California to conduct testing for the presence of asbestos and for the proper removal and disposal of this element if detected. The applicant shall be responsible for obtaining all the required permits tram all affected state and local regulatory agencies including the Air Pollution Control District and shall provide proof of having obtained approval to precede with this process of the Planning and Building Department prior to obtaining a building permit. 2. Prior to demolition or renovation activities, a lead-based paint survey is required. If confirmed lead- based paint is scheduled for renovation or demolition an environmental consultant certified by the State of California shall remove it. The applicant shall be responsible for obtaining all the required permits from all affected state and local and regulatory agencies including the Air Pollution Control District and shall provide proof of having obtained approval to precede with this process of the Planning and Building Department prior to obtaining a building permit. T ran sparta tionlCircula ti on 3. Prior to certificate of occupancy, a crosswalk shall be striped along the pavement in front of the Day Care center to increase the safety of the pedestrians walking from the parking lot to the building entrances. 4-39 4. The southern most driveway along Third Avenue will be restricted to right-inlright-out only movements and the northern most driveway along Third Avenue will operate as an exit only driveway. 5. Truck turning movements within the project were checked and found to be acceptable except at two locations. To accommodate the truck track around the rear of the building the removal of five (5) existing parking spaces at the northwest comer of the building and two (2) spaces at the northeast comer of the building. DrainagelWater 6. Compliance with the requirements of the Clean Water Act and the Regional Water Quality Control Board, and National Pollutant Discharge Elimination Systems (NPDES) Municipal Permit No. 200]- 01. 7. Compliance with the State Water Resources Control Board and filing of a Notice of Intent for coverage under an NPDES Stormwater Permit, if required. I agree to implement the mitigation measures required as stated in this Section (F) of this Mitigated Negative Declaration. ('12-~ (!J2i~f q II LJ ) LJ i Name, Title SÚV¡';.,- VicE ¡C1lk5/¡::¡;""1 Date ' . (21 ~Il. ~,~ [L,i;; c¡ /;1 /6) / Date / ( G. Consultation ame, TItle 1. City ofChula Vista: Marilyn R.F. Ponseggi, Planning Division Maria Muett, Planning Division Edalia Olivo-Gomez, Planning Division Jim Sandoval, Planning Division John Schmitz, Planning Division Steve Power, Planning Division Duane Bazzel, Planning Division Byron Estes, Community Development Miguel Tapia, Community Development Ben Guerrero, Community Development Jessica Dlugos, Fire Department Joe Gamble, Parks and Recreation Frank Rivera, Engineering Department Ralph Leyva, Engineering Department Muna Cuthbert. Engineering Department Anthony Chukwudolue, Engineering Department Majed AI-Ghafry, Engineering Department David Marnuto, Engineering Department 4-'-/0 Applicant's Agent: Roger CaldwelllCraig Frederickson 2. Documents Chula Vista General Plan (]989) and EIR (]989) Title 19, Chula Vista Municipal Code, September ]997 3. Initial Studv This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this mitigated negative declaration. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department. 276 Fourth Avenue, Chula Vista, CA 9]9]0. ~~ PØWt ~~. Date: >I' ~,/¿J / Ma lyn R . Ponseggl Environmental Review Coordinator JWlanningIMARIAIMISCIIS-OI -6lnddoc 4-4( PARK PALOMAR APARTMENTS ORCJ=l ~~ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT METROPOLITAN AREA ADVISORY PROJECT DESCRIPTION: ø APPLICANT: COMMITTEE CENTE (MAAC) INITIAL STUDY PROJECT 13S1-139S THIRD AVENUE Request: Proposal for a Charter High School ADDRESS: and Community Service Center at the northeast SCALE: I FilE NUMBER: comer intersection of Third Avenue. NORTH No Scale IS-01-061 Related Cases: DRC-O1-57. SUPS-01-06 j:lhomelplanninglcherrylcllocatorsIIS01061.cdr 8.3.01 4- 42- eM/BII A ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) The Metropolitan Area Advisory Committee Center (The MAAC Pro;ect) 18-01-61 This Mitigation Monitoring and Reporting Program has been prepared by the City ofChula Vista in conjunction with the proposed Metropolitan Area Advisory Committee Center (The MAAC Project) IS-0]-061. The proposed project has been evaluated in an Initial StudylMitigated Negative Declaration (ISIMND) prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA guidelines. The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations, such as IS-0]-061. AB 3] 80 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): I. Air Quality and Hazards; and 2. Transportation/Circulation; and 3. Drainage/Water. MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator shall be the Environmental Review Coordinator for the City of Chu]a Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator. The applicant shall provide evidence in written form confirming compliance with the mitigation measures specified in MND/IS-0]-061 to the Environmental Review Coordinator. The Environmental Review Coordinator will thus provide the ultimate verification that the mitigation measures have been accomplished. Table ], Mitigation Monitoring and Reporting Program, lists the mitigation measures listed in Section E, Mitigation Necessary to Avoid Significant Effects, of the Mitigated Negative Declaration, which will be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. (H,\home\planning\naria\IS-O]-o~9 MMRP text.doc) 4 - '-13 ~;: ~ :: 2'. ;:: ". 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" ¡¡~~ ~g~f¡' 5.~f¡'H ~ o.O¡;¡ ~(J)0C) ~~¡¡¡-s¡ ~~ ~~.å~ ~Jj~h ~ <00 3,,::;; -",-õ'¡¡¡ s: ~g "'5.!!!. ~~f¡'il!} ~ ~- ~ a", -<Q. () ~ fr ,,!!!. o~ ." - a ¡;>~!J'8~¡;¡¡; ¡;>~!J'8~¡;¡¡; ¡;>~!J'8~¡;¡¡; ~ HH H~ &~H H~ H~H~~ = [~H~o.~ [H~o.~ ~~H~o.~ %; 0 CD-CD." 0 CD-CD." 0 CD-CD." ~ ~ [~[ ~ ~ [~[ ~ ~ [~[ ~ ~ .. ~ CD ~ CD ~ " " " ~ ~ ;: 3: II: ~ 0 ~ n n - N 0"0 0"0 CD !; !; ~ no 00 xg§. xg§, x ~.ð ~.ð ~"O ~"O ~~ ~~ > > ~ :g [ ~ , ;, 4-4~ Case No.IS-01-061 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: Metropolitan Area Advisory Committee 2. Lead Agency Name and Address: City ofChula Vista 276 Fourth Avenue Chula Vista, CA 9]910 3. Address and Phone Number of Proponent: E. Roger Caldwell/Craig Frederickson 22 West 35'" Street National City, CA. (619) 426-3595 4. Name of Proposal: The Metropolitan Area Advisory Committee Center (The MAAC Project) 5. Date of Checklist: September 13,200] P."..I.Uy Pot,..I.Uy SO""",,., Leß .... 5I,.m"., U."ß 5I,.m"., N. Imp", MIll..'" 1011"" Imp,,' I. LAND USE AND PLANNING. Would the proposal: a) Cont1ict with general plan designation or 0 0 0 181 zoning? b) Cont1ict with applicable environmental plans or 0 0 0 181 policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., 0 0 0 181 impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of 0 0 0 181 an established community (including a low- income or minority community)? Comments: The 5. 79:!:-acre site is located on the east side of Third A venue between East Palomar Street and Quintard Street. The site is currently developed with a vacant 71,991 square-foot building and fast- food Mexican restaurant. The vacant building once contained a furniture warehouse and the County Health and Welfare administrative offices. The proposed project consists of the rehabilitation of the existing building with the Metropolitan Area Advisory Committee Center (The MAAC Project). The MAAC Project is a non-profit community program. The MAAC Center proposes using this space for a Charter high school initially with 90 students up to 832 students by 2005, a Head Start Day Care with 115 children, and 32,000 square feet of office space. The MAAC Office area will include a Weatherization Program (home-energy efficiency program), a Vocational Training Center (i.e. General Construction Training) and a SociallHealth ServIces Office. A Driving Under the Int1uence (DUI) program will be 4- 4 (p ""."'" Pnt'.'ia., 5_., Lou,ha. S;........, U"'u S;..Uka., N. 1m.." Mln,.... 1m.." 1m.." located within the Health Services Office. The existing Mexican restaurant will continue in its current operation. The required discretionary applications include a Special Use Permit and Design Review. The maximum height of the building is one-story with architectural extensions of38 feet; the maximum height permitted by the Zoning Ordinance is 45 feet. The proposed community service facility is consistent with the CC (Central Commercial Zone) zoning designation, CR (Retail Commercial) General Plan designation, and the city's environmental plans and policies. The site is located in the Southwest Redevelopment Area. The proposed project is a community service facility similar to the previous use, Social ServiceslWelfare Department. The site is on the east side of Third Avenue between East Palomar Avenue and Quintard Street. Surrounding land uses to the north, south and west are retail commercial ànd to the east multi-family residential. The proposed project would not result in significant land use and planning impacts to the physical arrangement of the established community in the surrounding area. Mitigation: No mitigation is required. II. PO PULA nON AND HOUSING. Would the proposal: a) Cumulatively exceed ol1ìcial regional or local 0 0 0 181 population projections? b) Induce substantial growth in an area either 0 0 0 181 directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable 0 0 0 181 housing? Comments: The project is surrounded by existing commercial and multi-family residential development and does not involve an extcnsion ofpublic facilities that would induce substantial growth. No existing housing units would be displaced. The proposed project, community service facility, is consistent with the General Plan and would not exceed the regional or local population projections. Mitigation: No mitigation is required. III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in 0 0 0 181 geologic substructures? b) Disruptions, displacements, compaction or 0 0 0 181 overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 181 features? 2 4-47 09113/0] Pot'D"'U, ""'D"'U, S;pilkaD' u,ø "DD S;,.;fkaD' UD"" Si";""D' ND Im.." "UI,..,. 1m.." Im.." d) The destruction, covering or modification of 0 0 0 181 any unique geologic or physical features? e) Any increase in wind or water erosion of soils, 0 0 0 181 either on or off the site? f) Changes in deposition or erosion of beach 0 0 0 181 sands, or changes in siltation, deposition or erosion, which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic 0 0 0 181 hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: There are no known geophysical conditions present that would expose people to geologic or earth hazards. The site is not within a mapped Earthquake Fault Zone; the Rose Canyon Fault Zone is approximately 20 miles to the north, and the La Nacion earthquake fault is approximately four miles to the east. Compliance with the Uniform Building Code requirements would avoid potentially significant geologic impacts. The site is 5.79 acres and currently covered with structures, paving and landscaped improvements. The lot coverage of the new facility would remain the same. The project site is essentially flat and no grading is proposed for preparation of the site for the renovation of the existing building. No sib'l1ificant effects such as erosion, sedimentation, change in topography, etc. would result from renovation of the building and sIte. Best Management Practices (BMPs) are required to be implemented during and after construction to prevent erosion and sedimentation in the downstream storm drain system. Mitigation: No mitigation measures are required. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, 0 0 181 0 or the rate and amount of surface runoff? b) Exposure of people or property to water related 0 0 0 181 hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration 0 0 0 181 of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 181 water body? 3 4-4? 09/13/0] "".."'0, P."."", ,,-., Lea,... SIga;rK'.' U..... SOga;""" N. Imp", '111""'" 1m.." 1m.." V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to 0 0 0 181 an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 181 0 c) Alter air movement, moisture, or temperature, 0 0 0 181 or cause any change in climate, either locally or regionally? d) Create objectionable odors? 0 0 0 181 e) Create a substantial increase in stationary or 0 0 0 181 non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: The proposed project is consistent with the City's Air Quality Element of the Genera] Plan and Regional Air Quality Modal. The Regional Air Quality Modal is based upon local jurisdiction General Plan and associated land uses. The vehicular emissions resulting from 3,498 ADTs (total proposed) is within the adopted General Plan and Regional Air Quality Modal. The renovation of the building and project site would result in negligible short-term construction emissions. Operation of the community service facility would not result in odor impacts. The proposed project includes minor demolition and renovation of the existing building. According to the Phase I Study prepared by Building Analytics, dated October 2,000, there is limited Asbestos Containing Materials (ACMs) and lead-based paint readings on the building. The proposed project could produce significant air quality impacts by the release of asbestos containing materials (ACMs), unless mitigated to a level ofless than significance. No significant air quality impacts would OCcur as a result of the proposed project. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. VI. TRANSPORT A TlON/ClRCULA TION. Would the proposal result ill: a) Increased vehicle trips or traffic congestion? 0 0 181 0 b) Hazards to safety from design features (e.g., 0 0 0 181 sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 0 0 181 nearby uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 181 5 4- cf- c¡ 09/]3/0] POC......, Po"."'" 51,.,""., w,tba. S;,.,"m' U""'" SI,.ilk.., N. 1m.." 'fill..'" 1m.." 1m.." e) Hazards or barriers for pedestrians or 0 0 181 bicyclists? 0 f) Conflicts with adopted policies supporting 0 0 0 181 alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 181 h) A "large project" under the Congestion 0 0 181 0 Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The existing average daily trips are ],040 ADTs per day ftom the existing Mexican Restaurant. The proposed project will generate a net increase of2,458 average daily trips (ADTs), totaling 3,498 ADTs for the site. Primary access roads to the project site are from Third Avenue, Palomar Street, Orange Avenue and Main Street. Quintard Street serves as a street segment along the south edge of the property site. Third A venue and Palomar Street are classified as Class I Collector streets. Orange Avenue and Main Street are classified as 4-lane streets. No additional roadway facilities are required to serve the site. According to the Engineering Department, the primary access roads are adequate to serve the project. In accordance with City Engineering requirement, a traffic impact analysis is required for projects that trigger 2400 or more daily vehicle trips. Accordingly, Darnell & Associates, Inc., prepared a Traffic Study dated August 30, 200] and revised September 12, 200 I. Daily, morning peak hour and afternoon peak hour trips generated by the Vocational High School, the Day Care Center, and the Mexican Restaurant were based on the Trip Generation Rates published by the San Diego Assoeiation of Governments (SANDAG). The trip generation for the SociallHealth Services (DUI Program) was based on the operation of the existing SociallHealth Services (DUI Program) located only a few blocks away. The numbcr of clients and staff to remain the same. According to the Traffic Analysis, to assess the worst-case impacts associated with the proposed project, the years 2002-2003 and the years 2005-2006 from the five-year project projection were used. The first time frame, 2002-2003, includes the Social/Health Services facility (DUI Program) and an enrollment of 472 students at the Vocational High School. The second time frame, 2005-2006, includes the maximum projected student enrollment of the Vocational High School, 832 students. These years are the worst-case traffic scenario for the proposed project. Between the years 2002-2003, the proposed project will generate 2,458 average daily trips, 313 AM peak hour trips, and 4] 7 PM peak hour trips over the trip generation of the current use of the site. Between the years 2005 and 206, the proposed project will generate an additional 1,892 average daily trips, 352 AM peak hour trips, and 247 PM peak hour trips over the trip generation of the current use of the site. According to the Traffic Analysis, the traffic generated by the proposed project will not significantly impact the primary access streets nor adjacent street segment, Quintard Street. All project access points off of Third A venue, Palomar Street and Quintard Street were adequate to accommodate project traffic. The existing and existing plus project conditions will not exceed the City's Level-of-Service (LOS) "c" threshold. 6 4-~u 09/13/01 "".aWoUy P".adaDy >""""",,, Leao<baa SlpUtkaa' Ua"" Sigailkaa' No Impa" Miti..'.. Impa" lm- According to the Traffic Analysis prepared by Darnell and Associates, it was noted that a potential pedestrian hazard exists from the parking lot to the Day Care entrance. In order to increase the safety of pedestrians from the parking lot to the Day Care Center, a striped crosswalk shall be installed along the pavement in front of the Day Care Center building entrance. Additionally, in order to provide smoother traffic integration from the project site onto Third Avenue it was recommended that the southern most driveway be restricted to right-inlright-out only movements and the northern driveway operate as an exit only driveway. These requirements will mitigate the pedestrian safety and traffic circulation impacts to levels of less than significance. The parking requirement is based on the operation profile, square footage and studentslemployees of the schools, office and training components of the project. The total existing on-site parking is 380 spaces and the total parking upon completion of the project is 298 spaces; the proposed parking meets the City's parking requirement of 197 spaces. There are 10] surplus parking spaces available during peak hours. According to the Traffic Analysis prepared by Darnell and Associates, to improve truck turning movements within the project site parking spaces should be removed along the northwest and northeast corners of the building. The loss of seven (7) parking spaces will not create a significant impact to the project. Short-term traffic impacts would consist of construction trucks required to redevelop the site. The project is consistent with the criteria established in the City's General P]an Traffic Element. Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant level. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of 0 0 0 t8I concern or species that are candidates for listing? b) Locally designated species (e.g., heritage 0 0 0 t8I trees)? c) Locally designated natural communities (e.g., 0 0 0 t8I oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and 0 0 0 t8I vernal pool)? e) Wildlife dispersal or migration corridors? 0 0 0 181 t) Affect regional habitat preservation planning 0 0 0 181 efforts? Comments: The site is fully developed and is located in an urbanized area. There are no sensitive plant or animal species on-site. No biological impacts would result from the proposed use of the site. Mitigation: No mitigation measures are required. VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: 7 4- s-f 09/]3/0] ""'."" ""'.'IaU, Sigaifk.., .....,... """""",., v."" "'..-., No 1m.." MUIg..... 1m.." 1m.." a) Conflict with adopted energy conservation 0 0 0 III plans? b) Use non-renewable resources in a wasteful and 0 0 0 III inefficient manner? c) If the site is designated for mineral resource 0 0 0 III protection, will this project impact this protection? Comments: The proposed community service facility does not conflict with the recently adopted CO, Reduction Plan. The project proponent will maintain existing curb, gutter, and sidewalk along the Third Avenue and replace uplifted sections of the sidewalk along Third Avenue and Quintard Street. Third Avenue and Quintard Street frontages will provide for pedestrian circulation into the project area. The existing transit lines that include Routes 7]2, 702 and 70], will serve students and clients of the MAAC Center. The proposed project is subject to compliance with Energy Requirements of the Uniform Building Code and therefore, should not result in the use of non-renewable resources in a wasteful and inefficient manner. The project is not located in an area designated for mineral resource protection as defined in the City's General Plan. Mitigation: No mitigation measures are required. IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of 0 0 0 III hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 III response plan or emergency evacuation plan? c) The creation of any health hazard or potential 0 0 0 III health hazard? d) Exposure of people to existing sources of 0 0 181 0 potential health hazards? e) Increased fire hazard in areas with flammable 0 0 0 III brush, b'fass. or trees? Comments: Building Analytics, completed a Phase I Environmental Site Assessment Study for the MAAC Project, dated October 2000. The purpose is to assess the potential for contamination at the subject property caused by hazardous materials. The report indicated underground storage tanks (fuel and waste oil) were formerly located on-site from earlier uses. Prior uses included tire and repair store, gasoline service station. furniture outlet, retail store and small restaurant. Asbestos containing materials (ACMs) and lead-based paint were found on the existing building. 8 4 -Yd- 09/13/01 """tlally "'.allally _at """"a Slpilkaa' U""" Slplllaml Na Import _'" Im- 1m.." The consultant recommended a Phase II in order to confirm, if any, soil contamination, removal of contaminated soil and Underground Storage Tanks (USTs) still existed. Confumation of this remediation was not discovered during the preparation of the Phase I by the consultant. A closure lettercrom the Lead Agency, The County of San Diego Department of Environment a] Health Services (DEHS) is required to indicate that the site has been cleared up of any contamination. Additional research by the applicant and the City provided closure letters, dated in ] 987 and] 993, cram the County of San Diego Department of Environmental Health Services (DEHS) Site Assessment Section indicating the site has been adequately mitigated of all soil contamination and storage tanks removed. The Regional Water Quality Control Board concurred with the determination ofthe County that the site had been adequately mitigated. According to a letter from the Building Analytics, dated August 30, 200 I, the property has been properly remediated according to regulatory standards and no further investigations are required. The MAAC Community Center includes a Charter High School with vocational training in health sciences, computer software operations, hardware repair and general construction (i.e., masonry training). The applicant is required to be in compliance with the County of San Diego Department of Environmental Health Services and Fire Warden regulations for proper storage of common hazardous substances (i.e. paint, cleaning solvents). According to the Phase I Environmental Site Assessment limited levels of asbestos containing materials (ACMs) and limited lead-based paint exist. Demolition of the existing exterior façade of the building and interior renovation could result in the release of airborne asbestos containing materials (ACMs). Release of airborne asbestos fibers would result in a significant health hazard unless mitigated to a level of less than significance. Demolition of the exterior façade of the building and interior renovation could result in the release ofIead- based materials. Release of lead-based paint materials would result in a significant health hazard unless mitigated to a level of less than significance. Mitigation: Mitigation measurcs listed in Section XIX would reduce impacts to a less than significant level. X. NOISE. Wol/ld the proposal resl/lt in: a) Increases in existing noise levels? 0 0 0 181 b) Exposure of people to severe noise levels? 0 0 0 181 Comments: The proposed hours of operation are 7:00 A.M. to 10:00 P.M. (various shifts Monday through Saturday). The City ofChula Vista Municipal Code (§]9.68.030) establishes commercial land use noise standards of 65 dB during the hours of 7:00 A.M. and 10:00 P.M. on weekdays (8:00 A.M. to 10:00 P.M. on weekends) and 60 dB during the hours of 10:00 P.M. and 7:00 A.M. on weekdays (10:00 P.M. to 8:00 A.M. on weekends). The proposed project is in conformance with the Noise Elementl Performance Thresholds of the General Plan. There is an existing multiple-family residential use to the east of the project site. The proposed project area includes an exterior daycare playground and masonry training area. These exterior uses are separated from the residential area by a 6-8 foot high masonry wall. The proposed daycare playground is located along the west side of the building, approximately ]oo-feet from the residential area. The masonry training area is along the south side of the building approximately I] O-feet from the residential area. The 9 ~ - ':'-3 09113/0] ""..üaU1 Poe..üaUy -., """ha. s_., U"'"" Sipifka.. No Impact '1ItIga1od Impact Imp<ct masonry training will only Occur a limited number of weeks during the construction cycle. The masonry training will not require large cement trucks and all mortar will be mixed by hand or with a small, hand- operated mixer. The proposed project shall be required to comply with the adopted noise standards. No significant noise impacts will occur as a result of the operation of the MAAC facility and associated programs due to the separation of the uses, building buffer, existing masonry wall and use of small equipment offsetting any noise impacts to adjacent residential use. Mitigation: No mitigation measures are required. XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? 0 0 0 I!I b) Police protection? 0 0 0 I!I c) Schools? 0 0 0 I!I d) Maintenance of public facilities, including 0 0 0 I!I roads? e) Other governmental services? 0 0 0 I!I Comments: No new or altered public facilities would be required to serve the proposed community service facility. No significant impacts to public services would result. Mitigation: No mitigation measures are required. XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? As described below, the proposed project does not result in significant impacts to any of the Threshold Standards. a) Fire/EMS 0 0 0 I!I The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is two miles away and would be associated with a four-minute response time. The proposed project would_comply with this Threshold Standard. Comments: The Fire/EMS threshold would be met as reported by the Fire Department. Therefore, no significant impacts to fire services are anticipated. Mitigation: No mitigation measures are required. b) Police 0 0 0 I!I The Threshold Standards require that police units must respond to 84% of Priority 1 calls ]0 4- s'¡ 09/13/0] P"...;a"" ""..,;aU, SIpi k~, ......... -.. Ualoa Slpifk.., N. 1m.." ......,.. Im- Im- within 7 minutes or less and maintain an average response time to all Priority I calls of 4.5 minutes or less. Police units must respond to 62.] 0% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project would comply with this Threshold Standard. Comments: The police threshold would be met as reported by the Police Department. No significant impacts to police services are anticipated. Mitigation: No mitigation measures are required. c) Traffic 0 0 0 181 1. City-wide: Maintain LOS "C" or better as measured by observed average travel speed on all signalized arterial segments except that during peak hours a LOS of"D" can OCcur for no more than any two hours of the day. West of 1-805: Those signalized intersections, which do not meet the standard above, may continue to operate at their current 199] LOS, but shall not worsen. Comments: The project will generate an additional 2,458 average daily trips (ADT). The Engineering Department reports that the Level-of-Service (LOS) 'C" would be met on Third Street. Level-of-Service (LOS) "A" would be met on Palomar Street, Orange Avenue and Main Street. Level-of-Service (LOS) "8" would Occur on Quintard Street as a result of the proposed project. The proposed project complies with the City's Level-of-Service (LOS) "C" Threshold Standard. Mitigation: No mitigation measures are required. d) ParkslRecreation 0 0 0 181 The Threshold Standard for Parks and Recreation is 3-acres of neighborhood and community parkland with appropriate facilities per ],000 residents east ofInterstate 805. Comments: The proposed project is located west ofI-805, therefore, the Parks and Recreation Threshold Standard does not apply. Park pad obligation will be required per City Ordinance (refer to Municipal Code Chapter 17.10). Mitigation: No mitigation measures are required. e) Drainage 0 0 0 181 The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. The proposed project would comply with this Threshold Standard. Comments: According to the Engineering Department, the existing off-site drainage facilities along Third Avenue and Quintard Street are adequate to handle the proposed project. No new drainage facilities would be required to serve the proposed project. Mitigation: No mitigation measures are required. f) Sewer 0 0 0 181 I] ~-S~ 09/]3/01 Pot..",", Pot..U.1Iy SigaifkaD' Lou ,baa _., U""'" _D' ND 1m.." Mhi.."" 1m.." 1m.." The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project would comply with this Threshold Standard. Comments: According to the Engineering Department, the existing 8-inch sewer faciJity along Quintard Street is adequate to serve the proposed project. No new sewer service would be required to serve the proposed project. Mitigation: No mitigation measures are required. g) Water 0 0 0 iii The Threshold Standards require that adequate storage, treatment, and transmission faciJities are constructed concurrently with planned growth and those water quaJity standards are not jeopardized during growth and construction. The proposed project would comply with this Threshold Standard. AppJicants may also be required to participate in whatever water conservation or fee off-set program the City ofChula Vista has in effect at the time of building permit issuance. Comments: No new water service would be required to serve the proposed project. Mitigation: No mitigation measures are required. XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need lor new systems, or substantial alterations to thelol/owing utilities: a) Power or natural gas? 0 0 0 iii b) Communications systcms? 0 0 0 iii c) Local or regional water treatment or distribution 0 0 0 iii facilities? d) Sewer or septic tanks? 0 0 0 iii e) Storm water drainage? 0 0 0 iii f) Solid waste disposal? 0 0 0 iii Comments: No new service utilities would be required to serve the proposed facility. Existing on-site drainage sheetflows westerly towards Third Avenue and southerly along Quintard Street. Existing off-site drainage facilities consist of two catch basins located along Third A venue and Quintard Street. An eight- inch sewer line is located along Third Avenue. According to the City Engineering Department, the sewer line and drainage facilities have adequate capacity to accommodate the proposed facility. No significant service impacts would occur as a result of the proposed project. Mitigation: No mitigation measures are required. 12 4- ~-c, 09113/01 ""'dolly "'9.iaO, SI..iIkaD. "".ba. 51"""""a. U""" 51"""""a' Na Im- Mill..... Im- Im- XIV. AESTHETICS. Would the proposal: a) Obstruct any scenic vista or view open to the 0 0 0 181 public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a 0 0 0 181 scenic route? c) Have a demonstrable negative aesthetic effect? 0 0 0 181 d) Create added light or glare sources that could 0 0 0 181 increase the level of sky glow in an area or cause this project to fail to comply with Section ]9.66.100 of the Chula Vista Municipal Code, Title ]9? e) Produce an additional amount of spill light? 0 0 0 181 Comments: The proposed redevelopment project is located within an urbanized area and there are no scenic vista or viewpoints on, or adjacent to, the property. The proposed project would not result in any significant aesthetic impacts or create additional light spillage onto the adjacent residential properties. The renovation and upgrade of the vacant building and existing site wi]] improve the aesthetic quality of the surrounding commercial and residential community. No significant aesthetic impacts would occur as a result of the proposed project. Mitigation: No mitigation measures are required. XV. CULTURAL RESOURCES. Would the proposal: a) Will thc proposal rcsult in the alteration of or 0 0 0 181 the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or 0 0 0 181 aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a 0 0 0 181 physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or 0 0 0 181 sacred uses within the potential impact area? e) ]s the area identified on the City's General Plan 0 0 0 181 EIR as an area of high potential for archeological resources? Comments: The Conservation and Open Space Element Dfthe General Plan does not identify the project site or surrounding vicinity as an area of potential cultural resources. There are no known cultural resources in the project area and no significant impacts would result. 13 4-S-7 09/]3/0] ......;"U, ......;"u, S¡..ifk... Lou ,baa Sl..û~.. U""" SlpUfka.. No b..." MOl...... 1m.." 1m.." Mitigation: No mitigation measures are required. XVI. PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the destruction of paleontological resources? Comments: The Conservation and Open Space Element of the General Plan does not identify the project site or suITounding vicinity as an area of potential paleontological resources. There are no lmown paleontological resources on the site or in the adjacent area. No cut grading is required and no significant paleontological resource impacts will occur as a result of the proposed project. Mitigation: No mitigation measures are required. XVII. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 0 181 regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 181 c) Interfere with recreation parks & recreation 0 0 0 181 plans or programs? Comments: The proposed project is consistent with the City's General Plan Parks and Recreation Element. The proposed project does not increase the need for new parks or recreational facilities. Park pad fees would be required as per City Ordinance (refer to City Municipal Code, Chapter 17.10). No significant recreation impacts would occur as a result of the proposed community service facility. Mitigation: No mitigation measures are required. XVIII. MANDA TORY FINDINGS OF SIGNIFICANCE: See Negative Declarationfor mandatory findings of significance. If an EIR is needed. this section should be completed. a) Does the project have the potential to degrade 0 0 0 181 the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: The site is fully developed with commercial buildings and is located in an urbanized area. The site contains existing ornamental vegetation and trees. No sensitive plant or animal resource impacts would occur as a result of the proposed project. Mitigation: No mitigation measures are required. 14 ~ - ~--g 09/13/0] """'Uy """'Uy _a, L<ø ,baa Slpi/kDa' U""" """-' No 1..- Mitlpt'" Im- 1m.." b) Does the project have the potential to achieve 0 0 0 IRI short-term, to the disadvantage oflong-term, environmental goals? Comments: The proposed community service facility will not affect long-term environmental goals of the City because the project is consistent with the City of Chula Vista General Plan and the Draft Multiple Species Conservation Program Subarea Plan (dated October 2000). Mitigation: No mitigation measures are required. c) Does the project have impacts that are 0 0 0 IRI individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Comments: The proposed facilities would not result in cumulative effects because the site, and surrounding area, is fully developed. No other projects have been recently approved in the area, nor are there any known future projects in the area. No significant impacts would Occur as a result of the proposed project. Mitigation: No mitigation measures are required. d) Does the project have environmental effects 0 0 0 IRI which will cause substantial adverse effects on human beings, either directly or indircctly? Comments: No significant effects on human beings are anticipated to result /Tom approving the proposed community service facility. Mitigation: No mitigation measures are required. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The following project revisions or mitigation measures have been incorporated into the project and will be implemented during the design, construction and operation of the project: HAZARDS Air OualitvlHazards 1. Prior to demolition or renovation activities, the applicant shall contract with an environmental consultant certified by the State of California to conduct testing for the presence of asbestos and for the property removal and disposal of this element if detected. The applicant shall be responsible for obtaining all the required permits from all affected state and local regulatory agencies including the Air Pollution Control District and shall provide proof of having obtained approval to precede with this process of the Planning and Building Department prior to obtaining a building permit. ]5 4- ~-9 09/13/0] 2. Prior to demolition or renovation activities, a lead-based paint survey is required. If confirmed lead- based paint is scheduled for renovation or demolition an environmental consultant certified by the State of California shall remove it. The applicant shall be responsible for obtaining all the required permits !Tom all affected state and local and regulatory agencies including the Air Pollution Control District and shall provide proof of having obtained approval to precede with this process of the Planning and Building Department prior to obtaining a building permit. T ransDorta ti ani C irc ula ti on 3. Prior to Certificate of Occupancy, a crosswalk shall be striped along the pavement in front of the Day Care Center to increase the safety of the pedestrians walking tram the parking lot to the building entrances. 4. The southern most driveway along Third Avenue will be restricted to right-inlright-out only movements and the northern most driveway along Third Avenue will operate as an exit only driveway. 5. Truck turning movements within the project were checked and found to be acceptable except at two locations. To accommodate the truck track around the rear of the building the removal of five (5) existing parking spaces at the northwest comer of the building and two (2) spaces at the northeast comer of the building. DrainagelW ater 6. Compliance with the requirements of the Clean Water Act and the Regional Water Quality Control Board, and National Pollutant Discharge Elimination Systems (NPDES) Municipal Permit No. 2001-0 I. 7. Compliance with the State Water Resources Control Board and filing of a Notice of Intent for coverage under an NPDES Stormwater Permit, if required. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES: By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein. and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this [Mitigated] Negative Declaration with the County Clerk shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval and that Applicant(s) and/or Operator(s) shall apply for an Environmental Impact Report. t, ~ E'.,( (VA \dwdl &,,/¡c,'\.. V,¿e ~u... ,ck.--t Printed Name and ttle of Authorized Representative [Property Owner's Name] ~~~ 9/N)O) Signature of Authorized Representative Date [Property Owner's Name] ]6 4-roo 09113/0] Q-A-I~ hep""-~/" ksmJ Printed ame and Title of [Operator if different from Property Owner] a cy 1'1/0 ( Signature a Authorized Representative Date [Operator. different from Property Owner] XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. 0 Land Use and Planning . Transportation/Circulation 0 Public Services 0 Population and Housing 0 Biological Resources 0 Utilities and Service Systems 0 Geophysical 0 Energy and Mineral Resources 0 Aesthetics . Water . Hazards 0 Cultural Resources . Air Quality 0 Noise 0 Recreation 0 Paleontology 0 Mandatory Findings of Significance XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, 0 and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, . there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MA Y have a significant effect(s) on the environment, but at 0 least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ]7 4-~( 09113/0] I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) 0 have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. ~/. ;? ~~. 9//'1/°/ Signature Date Marilyn R.F. Ponseggi Environmental Review Coordinator City ofChula Vista ]8 4-(, '2- 09/]3/0]