HomeMy WebLinkAboutRDA Packet 2001/05/15
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CITY OF
CHUIA VISTA
TUESDAY, MAY 15, 2001 COUNCIL CHAMBERS
6:00 P.M. PUBLIC SERVICES BUILDING
(immediately following the City Council meeting)
MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
CALL TO ORDER
ROLL CALL
Agency Members Davis, Padilla, Rindone, Salas; Chair Horton
CONSENT CALENDAR
The staff recommendations regarding the following item Is) listed under the Consent Calendar will be enacted
by the Agency by one motion without discussion unless an Agency 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. AGENCY RESOLUTION 1727 APPROVING OWNER/TENANT
PARTICIPATION AGREEMENT WITH FOSTER INVESTMENT CORPORATION
AND BUDGET RENT A CAR SYSTEMS, INC. FOR THE DEVELOPMENT OF A
TRUCK RENTAL AGENCY AT 690 L STREET LOCATED WITHIN THE
SOUTHWEST REDEVELOPMENT AREA-The applicant is proposing to
construct a permanent rent-a-car facility on the unimproved site of the
existing Budget Rent-A-Car business located at 690 L Street. The existing
facility consists of a temporary trailer and unimproved parking lot. The
applicant is proposing to construct a new, 1,448 sq. ft. building and make
associated on-site improvements. The Environmental Review Coordinator
reviewed the proposed project and determined that the project is exempt
from environmental review as a Class 3c exemption in accordance with
CEQA. [Community Development Director]
STAFF RECOMMENDATION: Redevelopment Agency adopt the resolution.
2. AGENCY RESOLUTION 1728 APPROVING AN EXCLUSIVE NEGOTIATING
AGREEMENT WITH BITTERLIN DEVELOPMENT CORPORATION AND
CARTER REESE AND ASSOCIATES FOR THE DISPOSITION AND
DEVELOPMENT OF AGENCY -OWNED PROPERTY AT 760 BROADWAY
LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA-On
2/6/01, the Agency directed staff to prepare an Exclusive Negotiating
Agreement with Broadway Chula Vista Investors, a joint venture made up of
the Bitterlin Development Corporation and Carter Reese and Associates, for
the development of a mixed-use residential and retail project on Agency-
owned property at 760 Broadway. [Community Development Director]
STAFF RECOMMENDATION: Redevelopment Agency adopt the resolution.
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Redevelopment Agency on any subject matter
within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits
the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish
to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to
the meeting. Those who wish to speak, please give your name and address for record purposes and follow up
action.
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.
3. a. REDEVELOPMENT AGENCY PUBLIC HEARING: TO CONSIDER A REQUEST
FOR A SPECIAL LAND USE PERMIT TO ESTABLISH A
TELECOMMUNICATION SITE AT 256 LANDIS AVENUE-The applicant has
requested a special land use permit to allow the establishment of a
telecommunication site at 256 Landis Avenue located within the Town
Centre I Redevelopment Project Area. The proposed use is permitted subject
to the issuance of a special land use permit within the Central Commercial
area of the Town Centre Redevelopment Plan. The proposal requires
consideration by the Town Centre Project Area Committee and the
Redevelopment Agency. On 11/8/00, the Town Centre I Project Area
Committee voted to recommend approval of the special land use permit
based on findings and subject to conditions. [Community Development
Director]
b. AGENCY RESOLUTION 1729 GRANTING A SPECIAL LAND USE PERMIT
PCC-00-51 TO COX/SPRINT PCS TO ESTABLISH A TELECOMMUNICATION
SITE AT 256 LANDIS AVENUE
STAFF RECOMMENDATION: Redevelopment Agency adopt the resolution.
Redevelopment Agency, May 15, 2001 Page 2
4. PUBLIC HEARING: CITY COUNCIL CONSIDERATION OF THE ISSUANCE OF
TAX EXEMPT OBLIGATIONS WITH RESPECT TO THE PROPOSED HERITAGE
TOWN CENTER AFFORDABLE HOUSING PROJECT-The scheduled Public
Hearing has been cancelled due to modifications to the project. There will
be a public hearing noticed for May 29, 2001 reflecting the project
modifications.
OTHER BUSINESS
5. DIRECTOR'S REPORT(S)
6. CHAIR/MAYOR REPORT/S)
7. AGENCY/COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to an adjourned meeting of the Redevelopment Agency on
May 29, 2001 at 6:00 p.m., immediately following the City Council meeting in the
City Council Chambers.
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COMPLIANCE WITH THE 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 ITDD) at (619) 585-5647. California Relay Service is
also available for the hearing impaired.
Redevelopment Agency, May 15, 2001 Page 3
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM NO.: /
MEETING DATE: 05/15/01
ITEM TITLE: RESOLUTION APPROVING OWNER/TENANT PARTICIPATION
AGREEMENT WITH FOSTER INVESTMENT CORPORATION AND
BUDGET RENT A CAR SYSTEMS, INC. FOR THE DEVELOPMENT OF A
TRUCK RENTAL AGENCY AT 690 L STREET LOCATED WITHIN THE
SOUTHWEST REDEVELOPMENT AREA
SUBMITTED BY: PLANNING AND BUILDING DIRECTOR
COMMUNITY DEVELOPM T DIRECTOR w-fh e>
REVIEWED BY: EXECUTIVE DIRECTOR
4/5THS YOTE: YES D NO 0
BACKGROUND
The applicant is proposing to consfruct a permanenf renf-a-car facility on the unimproved site of
the existing Budget Rent-A-Cor business located at 690 L Street. The existing facility consists of a
temporary frailer and unimproved parking lof. The applicanf is proposing to consfruct a new,
1,448 square-foof building and make associated on-site improvemenfs.
The City's Environmental Review Coordinator has concluded fhat this project is a Section 15303,
Class 3, new structures or conversion of small structures, Categorical Exemption from
environmental review, per the California Environmental Quality Act.
Since the project is within the Southwest Redevelopment Project Area, the Ownerlfenant
Participation Agreement (which includes the design plans and conditions of approval) is being
presented to the Redevelopment Agency for ifs consideration.
RECOMMENDATION
It is recommended that the Redevelopment Agency adopt the resolution approving the
Ownerlfenant Participation Agreement (OPA) for the development of a truck rental agency at
690 L Street, subject to the conditions in Exhibit B of the agreement.
BOARDS/COMMISSIONS RECOMMENDATION
The Design Review Committee reviewed the project plans (DRC-01-19) on February 19, 2001
and recommended approval of the project as described in Exhibit A and subject to the conditions
lisfed in Exhibit B of fhe Ownerlf enant Participation Agreement (minutes attached).
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PAGE 2, ITEM NO.:
MEETING DATE: 05/15/01
DISCUSSION
Site Characteristics
The project site is 44,523 square-feet in area and is located at 690 L Sfreef within the Limited
Industrial Zone. The subject parcel is located on the south side of L Street adjacent to the San
Diego Trolley (MTDB) tracks and east of Industrial Boulevard (see Locator Map attached to OPAl.
ZoninQ
According fo the Zoning Ordinance, fhe Limited Indusfrial Zone is infended to "".encourage
sound limited industrial development by providing and protecting an environment free from
nuisances created by some industrial uses and to insure the purity of the total environment of
Chula Vista and San Diego County and to profect nearby residenfial, commercial and industrial
uses from any hazards or nuisance."
Proiect Proposal
The applicant is proposing to construct a 1,448 square-foot, one-story building on the subject
property fo serve as the sales building for Budgef Renf A Car (see Design Plans attached fo OPAl.
The proposed structure would be situated foward fhe north of the parcel and would maintain a
front yard setback of approximately 81 feet off of L Street. The structure would consist of an
office, bathroom, cusfomer service area, and break room. The structure would mainfain a
maximum heighf of 16.5 feet above adjoining grade.
The project plans call for the placement of customer parking at the north of the site near L Street.
The vehicles to be rented would be located toward the south of the lot in a fenced area. Vehicular
access to the business would be provided via an existing alley located adjacenf to the eastern
property line of the site. The enfirety of fhe parcel would be surrounded by wrought iron fencing
to match that along the MTDB right-of-way and also provided by Solar Turbines. Two sliding
gates would be constructed on the site for added security. With the exception of the proposed
sales building, the entirety of the improved portion of the parcel would be utilized for vehicle
(customer and rental) parking.
LandscapinQ
A landscape plan has been prepared for the site. The proposed landscape plan has been
reviewed and found by fhe City Landscape Planner to be consistent with the City Landscape
Guidelines. The proposed landscape plan calls for the placemenf of accent trees around the
perimeter of the site. A lawn area would be placed af the front of the site adjacent fo the L Street
right-of-way.
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PAGE 3, ITEM NO.:
MEETING DATE: 05/15/01
ZoninCi
The following table demonstrafes the project's conformance wifh the development standards of
the limited Industrial Zone.
STANDARDS REQUIRED PROPOSED
Front yard setback 20 feet 81 feet
Side vard setback 0 feet 3 feet
Rear yard sefback 0 feet 200 feet
Floor Area Ratio n/a n/a
Lot coveraç¡e 50% 3%
Height 45 feet 16.5 feet
Parking 7 customer spaces 13
SiCinaCie
The project plans call for the placemenf of a monument sign af the northeastern corner of the
site. The proposed sign would measure 6'6" in heighf by 5'7" in width, and would incorporate
the Blue and Orange colors of the Budget Renf A Car logo. The area of the monument sign
would be approximafely 36 square-feet which is consistent wifh the sign area standards of the IL
Zone. A small business sign would be placed above fhe enfryway to the proposed sales facility
which faces L Street.
Architecture
Although the proposed structure is rectangular in shape and utilifarian in nature, interesting roof
lines and colors have been incorporated into its design (see Design Plans attached to OPA).
Exterior stucco would be tan in color, and accenf trim would be olive green. Window trim and
columns would consist of natural colored wood. Roofing materials would consisf of gray/black
composife shingles.
Owner/Tenant Participation ACireement
The Ownerlfenant Participation Agreemenf (OPA) is prepared on the Agency's standard form. It
includes the Developer's obligations to construct the project as proposed, to maintain the project
in "First Class" condition, to indemnify the City/Agency against liabilities, and not fo discriminafe.
Attached to the OPA are the proposed project plans (Exhibit A), a list of conditions imposed by
the Design Review Committee (Exhibit B), and a site Locator Map (Exhibit C). The set of
condifions imposed by DRC are normal conditions intended to minimize fhe negative impacts
and make the proposed proiecf comply with the regulations of the Zoning Ordinance.
The OPA being presented to the Agency replaces an OPA and Design Plans approved by the
Agency for the same site in 1998, which were never implemented by the Developer. The Plans
being presented now are almost the same as those of 1998, except for changes to the building
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PAGE 4, ITEM NO.:
MEETING DATE: 05/15/01
archifecture and a change of identification signage from a previously proposed pole sign to a
new monument sign.
Conclusion
It is staff's opinion that the construction of the projecf will represent an additional positive
improvement to this area, especially since it is one of the enfrances to the City from 1-5 and is
locafed next to the Trolley line. In addition to the retention and expansion of a viable business in
the City, the development of fhe project will contribute to the eliminafion of blighting influences by
providing a new building and putting a vacant parcel to a higher and better use, which furthers
the goals and objectives of the Southwest Redevelopment Plan.
FISCAL IMPACT
The proposed project has an estimated valuation of $600,000, which will generate an annual
tax-increment revenue of approximately $6,000, which will be distributed as follows: The Low-
mod Income Housing fund will receive $1,200 annually. Of the remainder, $2,544 (53%) will be
disfribufed among fhe taxing enfities, (County of San Diego and various School Disfricfs) pursuant
to the tax sharing arrangement agreed to as part of the esfablishment of the Southwest
Redevelopment Project Area. The remaining $2,256 (47%) will accrue to the Soufhwest
Redevelopment Fund.
ATTACHMENTS
Attachment A - DRC minutes from February 19, 2001
Attachment B - Ownerlfenanf Participation Agreement with the following:
Locator Map
Exhibit A - Design Plans
Exhibit B - Design Review and Agency Conditions of Approval
nCOMMDEV\STAFF.REP\O4-24-01\Budgel ,enl 0 cae.doc
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RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA APPROVING OWNERffENANT
PARTICIPATION AGREEMENT WITH FOSTER INVESTMENT
CORPORATION AND BUDGET RENT A CAR SYSTEMS, INC. FOR
THE DEVELOPMENT OF A TRUCK RENTAL AGENCY AT 690 L
STREET LOCATED WITHIN THE SOUTHWEST
REDEVELOPMENT AREA
WHEREAS, Faster Investment Carparatian is the owner of the property lacated at 690 L
Street, which is the subject matter af this resalutian and which is depicted in Locatar Map attached
and by this reference made a part hereof; and,
WHEREAS, Budget Rent A Car Systems, Inc. has entered inta an agreement with Foster
Investment Carparation to lease said praperty and develop a truck sales and rental agency; and,
WHEREAS, Budget Rent A Car Systems has presented develapment plans far the
develapment af the truck sales and rental agency ("Praject"); and
WHEREAS, the site far the proposed Project is located within the Southwest Redevelapment
Praject Area under the jurisdiction and cantrol af the Chula Vista Redevelopment Agency; and,
WHEREAS, the environmental Review Caardinator reviewed the prapased Project and
determined that the praject is exempt fram environmental review as a Class 3c exemptian in
accordance with CEQA; and,
WHEREAS, the Design Review Cammittee reviewed and recommended that the
Redevelapment Agency approve the praposed Praject subject ta the canditians listed in Exhibit B af
the Ownerffenant Participation Agreement; and,
WHEREAS, THE Redevelapment Agency of the City af Chula Vista has been presented an
Ownerffenant Participation Agreement, said agreement being on file in the Office af the Secretary to
the Redeveiapment Agency appraving the develapment of a truck sales and rental agency lacated at
690 L Street, depicted in Exhibit C and subject ta conditians listed in Exhibits A and B of said
agreement.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
daes hereby find, order, determine and resalve as fallows:
1. The propased project is categorically exempt from environmental review as a
Class 3c exemption in accardance with CEQA.
2. The proposed project is consistent with the Sauthwest Redevelopment Plan and
shall implement the purpose thereof by praviding a new building, parking lat, and
landscaped areas and by putting a vacant parcel ta a higher and better use.
3. The Redevelapment Agency of the City af Chula Vista hereby approves the
Ownerffenant Participation Agreement with Faster Investment Carporation and
Budget Rent A Car Systems far the development of a truck rental agency at 690 L
Street, in substantially the form presented.
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4. The Chairman af the redevelopment agency is hereby authorized ta execute the
subject OwnerfTenant Participatian Agreement between the Redevelopment
Agency and Faster Investment Corporatian and Budget Rent A Car Systems in a
final farm approved by the Agency Attorney.
5. The secretary of the Redevelopment Agency is autharized and directed to recard
said OwnerfTenant Participation Agreement in the Office af the County Recorder
of San Diega, California.
PRESENTED BY APPROVED AS TO FORM BY
chêt~one ~ ~
Director of Community Development
J:ICOMMDEVlRESOSlbudget rent a car.doc
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MINUTES OF A REGULAR MEETING OF THE
DESIGN REVIEW COMMITTEE
CHULA VISTA, CALIFORNIA
Council Chambers
Monday. February 19, 2001 Public Services Buildinq
4:30 p.m. 276 Fourth Avenue, Chula Vista
A. PRESENT: Chair Peter Morlon, Members Jose Alberdi, Cheryl
Mestler and Alfredo Araiza
ABSENT: Vice Chair Patricia Aguilar (excused)
STAFF PRESENT: Beverly Blessent, Senior Planner
Garry Williams, Landscape Planner
Jim Sandoval, Assistant Director of Planning
OTHERS PRESENT: Stanley Podeswik, Aedifice Architectural
B. INTRODUCTORY REMARKS: Read into the record by Chair Morlon
C. APPROVAL OF MINUTES: January 8, 2001
MSC (Araiza/Alberdi) (3-0-1-1) to approve the minutes for January 8, 2001. Motion
carried with Mestler abstaining and Aguilar absent.
The minutes af December 11, 2000 and December 18, 2000 were continued for lack of
quorum from that meeting.
D. ORAL COMMUNICATIONS: None
E. PUBLIC HEARING
1. DRC -01-19 Budget Rent A Car
690 L Street
Chula Vista, CA 91911
Consideration of approval of a 1.448 square-foot sales
facility and Darkinq area for Budqet Rent A Car.
Staff Presentation:
Beverly Blessent, Principal Planner gave a brief presentatian. The project site was a
44,523 square-feet area and was located at 690 L Street within the Limited Industrial
Zone. The subject parcel is currently being used as a rent a car operation that was
approved as a temporary use under Conditional Use Permit PCC-99-07 in 1 999.
Surrounding uses cansisted of commercial and industrial businesses. The San Diego
Trolley (MTDB) right-af-way abutted the westem property line of the site.
/- 7
Design Review Cammittee -2-
Minutes Februarv 19, 2001
The Design Review Committee had previously approved an applicatian submitted by
Budget Rent a Car far the same type of facility at this location. The previously appraved
plans called far a 1,668 square-foot sales building on the site. The applicant allowed the
previausly approved permit (DRC-99-01) ta expire without constructing the project.
Staff stated the previous design was for approximately the same size building with the
same use. That building had been designed with more of a boxy shape and the corporate
colars were very strong. The new prapasal wauld be somewhat different.
The applicant was proposing to build a 1.448 square-foot, one-story building on the
subject property to serve as the sales building for Budget Rent A Car. The proposed
structure would be situated toward the north of the parcel and would maintain a front yard
setback of approximately 81 feet off of L Street. The structure would cansist of an office,
bathroom, customer service area and break room.
The site plan called for the placement of customer parking at the north of the site near L
Street. Autamobiles ta be rented would be located toward the south of the lat in a fenced
area. Vehicular access to the business would be provided via an existing alley located
adjacent ta the eastern property line of the site. The entirety of the parcel would be
surraunded by wrought iron fencing to match that along the MTDB right-of-way and also
provided by Salar Turbines.
The landscape plan prepared for the site and has been reviewed and found by the City
Landscape Planner to be cansistent with the City Landscape Guidelines. The proposed
landscape called far the placement of accent trees araund the perimeter of the site. A
lawn area wauld be placed at the front of the site adjacent to the L Street right-of-way.
The propased project called for the placement af a monument sign at the nartheastern
corner of the site. The proposed sign would measure 6'6" in height by 5'7' in width, and
would incorporate the Blue and Orange laga colors for Budget Rent A Car. The area af
the monument sign would be approximately 36 square-feet which is cansistent with the
sign area standards for the IL Zone. The monument sign needed to be slightly relocated
in order to maintain the required 10-foot setback from the eastern (interior) property line.
A small business sign would be place abave the entryway ta the proposed sales facility,
which faces L Street.
Although the proposed structure was rectangular in shape and utilitarian in nature, the
architect had incorporated interesting rooflines and colors inta the design. Exterior stucca
would be tan in calor with an olive green accent trim. Window trim and columns would
consist of natural colored wood. Roofing materials would cansist of gray/black compasite
shingles.
STAFF RECOMMENDATION:
Staff recommended approval af the project subject to the conditions stated in the
Summary Staff Report.
H:IH OMEIPLANN INGIROSEMAR I EIDRCIMIN2-19-O1 I-?
Design Review Committee -3-
Minutes Februarv 19. 2001
COMMITTEE DISCUSSION:
Member Araiza approved of the project he liked the simple design of the building. He
questioned the location of the monument sign and the calumns along the fencing. Stanley
Podeswik, Architect with Aedifice Architectural, stated the sign could be positioned any
where in the front of the building and the size could also be made smaller. Mr. Podeswik
stated for security reasons and in order to deter auta theft the applicant wanted this type af
fence. The design of the fence was a masanry law wall with pilasters in between wrought
iron fencing. The masonry would be stuccoed over and the colors wauld be yellow and
green.
Mr. Araiza questioned the color of the roof. In his opinion, a black roof would be too much
af a contrast to the rest of the colors of the building and suggested using a more neutral
color. The applicant stated the roof was not black it was more of a charcoal gray color. He
stated they could change the color to a brownish black, which would be more
complimentary to the building.
Member Alberdi approved of the praject. In his opinion, the green trim on the building
was too much of a contrast to the blue in the logo color of the monument sign. He asked
the applicant if they had considered using a different shade of green. He suggested a
green that had more shades of blue would be more compatible to the lago color. Mr.
Alberdi felt if the design of the monument sign were made similar to the perimeter fence
design, it would be more aesthetically pleasing and would enhance the overall project.
Member Mestler approved of the proposed project and cancurred with Member Alberdi
regarding the contrast in colors between the monument sign and the building. She felt the
applicant could have chasen colors that were better suited. She questioned the type of
shingles that would be used on the composition roof and if the brackets an the harizontal
post would be painted. The applicant stated they were using a Prestige raised profile
shingle and a custom bracket that wauld be painted a subtle shade af gray.
Member Mestler questioned the structural plans, in particular she wanted ta knaw what
would happen if the angled posts on the building could not be engineered. She asked if
the architect would position them vertically. The applicant stated he cauld create a flat
socket area but was confident that it could be done. The plans had been reviewed by his
engineer and were structurally sound. Ms. Mestler asked the committee members if it
didn't work out and the building was architecturally changed would they want to review it
again. Chair Morlon stated if the structural plans were drastically changed it would have to
come back for further review. If the changes were minor, he felt that staff could review
and approve them.
Chair Morlon approved af the praject and agreed with the other members that the
applicant should look into blending the colors af the building with the monument sign. He
felt the design of the monument sign could be enhanced and suggested some of the
features from the perimeter fence. He asked staff if the landscaping plans were according
to the city's requirements.
Garry Williams, Landscape Planner stated he had reviewed the plans and felt the
landscape architect had done a fine job in screening the elevation along "L" Street with a
variety of tree and shrub species. The project landscape plans were found to be consistent
with the City of Chula Vista Landscape Manual.
H:\H OME\PLANN I NG\R OSEMAR I E\DR CIMI N2-19-01 /- 9
Design Review Committee -4-
Minutes Februarv 19. 2001
MSC (Araiza/Alberdi) (4-0-0-1) to approve DRC-01-19 as presented with all the
conditions as stated in the staff report. The monument sign and the color scheme
will be returned to staff far further review in order to insure that the monument sign
is more in conjunction with the existing fencing and pilasters.
F. STAFF COMMENTS:
None
G. MEMBER COMMENTS:
None
H. ADJOURNMENT: The meeting was adjoumed at 4:55 p.m. to a regular meeting on
Monday, March 5, 2001, at 4:30 p.m. in Council Chambers.
Prepared by:
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Rosemarie Rice, Recarder
H:IHOMEIPLANNINGIROSEMARIEIDRCIMIN2-19-01 /_10
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Toys R'Us
1-5
Brentwood
Trailer Pari<
CH U LA VISTA PLANNING DEPARTMENT
LOCATOR ~~~~I'&k: Budget Rent-A-Car PROJECT DESCRIPTION:
C) CONDITIONAL USE PERMIT
PRaJECT 690 "L" Street Request: Construct an 1 ,800 square foot office building for a
ADDRESS:
car rental business.
SCALE: I FILE NUMBER:
NORTH No Scale PCC-99-07 Related Cases: DRC-99-O1
h:\home\plannlng\carlos\locators\pcc9907,cdr 8114/98 / -II
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 Above This line For Recorder)
APN: 618-010-24
OWNER/TENANT PARTICIPATION AGREEMENT
1690 L Street!
Foster Investment Corporation, Landlord
And
Budget Rent A Car Systems, Inc" Tenant
THIS AGREEMENT ("Agreement"! is entered into by the REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA, a public body corporate and politic (hereinafter referred to as ("AGENCY"!, and Foster Investment Corporation, a
California Corporation and Budget Rent A Car Systems, Inc., a Delaware Corporation (hereinafter referred to collectively as
"DEVElOPER"! effective as of April 24, 2001.
WHEREAS, Foster Investment Corporation owns the property at 690 L Street; and
WHEREAS, Budget Rent A Car Systems, Inc. has entered into a lease agreement with Foster Investment Corporation for
the use of said property; and
WHEREAS, the DEVElOPER desires to develop real property within the SOUTHWEST REDEVElOPMENT PROJECT
AREA ("Project Area"! which is subject to the jurisdiction and control ot the AGENCY; and,
WHEREAS, the DEVELOPER has presented plans for development to the Design Review Committee for the construction
a 1 ,448.square foot building and associated site improvements for a truck rental and sales agency (the "Project" ; and,
WHEREAS, said plans for development have been recommended for approval, subject to conditions, by said Committee;
and,
WHEREAS, the AGENCY has considered the Oesign Review Committee's recommendation and has approved the Project
and design plans subject to certain terms and conditions; and.
WHEREAS, the AGENCY desires that said Project be implemented and completed as soon as it is practicable in
accordance with the terms of this Agreement; and
WHEREAS, the AGENCY approved an OwnerlTenant Participation Agreement with the DEVElOPER on October 6,
1998 for the development of the site at 690 L Street; and
WHEREAS, the AGENCY declares that OwnerlTenant Participation Agreement terminated because the project was not
completed within the time period contemplated in the Agreement.
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NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows:
The foregoing recitals are incorporated into this agreement.
1. The property to be developed is described as Assessor's Parcel Number 618.010-24 located at 690 L Street in the
City of Chula Vista, CA., shown on locator map attached hereto as Exhibit "C" and by this reference incorporated
herein ("Property").
2. The DEVELOPER covenants and agrees by and for himself, his heirs, executors, administrators and assigns and all
persons claiming under or through them the tollowing:
A. DEVELOPER shall develop the Property with the Project in accordance with the AGENCY approved
development proposal attached hereto as Exhibit "A".
B. DEVELOPER shall obtain all necessary federal/state and local governmental permits and approvals and abide
by all applicable federal, state and local laws, regulations, policies and approvals in connection with the
development of the Project. DEVELOPER and AGENCY further agree that this Agreement is contingent upon
DEVELOPER securing said permits and approvals. DEVELOPER shall pay all applicable development impact
and processing fees. AGENCY agrees to reasonably cooperate with DEVELOPER in processing all permits
required in connection with the development of the Project.
C. DEVELOPER shall obtain building permits within one year from the date of this Agreement and shall actually
develop the Property with the Project within one year from the date of issuance of the building permits. In the
event DEVELOPER fails to meet these deadlines, the Agency's approval of DEVELOPER's development
proposals shall be void and this Agreement shall have no further force or effect.
D. In all deeds granting or conveying an interest in the Property, the following language shall appear:
"The grantee herein covenants by and for himselt his heirs, executors, administrators and assigns,
and all persons claiming under or through them, that there shall be no discrimination against or
segregation at any person or group of persons on account of race, color, creed. national origin or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises
herein conveyed. nor shall the grantee himself or any persons claiming under or through him establish
or permit any such practice of discrimination or segregation with reference to the selection, location,
number. use or occupancy of tenants, lessees, subtenant lessees, or vendees in the premises herein
conveyed. The foregoing covenants shall run with the land. "
E. In all leases demising an interest in all or any part of the Property, the toll owing language shall appear:
"The lessee herein covenants by and for himselt his heirs, executors, administrators and assigns,
and all persons claiming under or through him, and this lease is made and accepted upon and subject
to the following conditions:
That there shall be no discrimination against or segregation at any person or group of persons, on
account of race, color. creed, nationalorigin, or ancestry, in the leasing, subleasing, transferring use,
occupancy, tenure, or enjoyment of the premises herein leased, nor shall the lessee himself or any
persons claiming under or through him, establish or permit any such practices of discrimination or
segregation with reference to the selection, location, number or use, or occupancy of tenants,
lessees, sublessees, subtenants, or vendees in the premises herein leased. "
/- /3
3. The Property shall be developed subject to the conditions imposed by the Design Review Committee and the AGENCY as
described in Exhibit "8" attached hereto and incorporated herein by this reference. DEVELOPER acknowledges the
validity of and agrees to accept such conditions.
4. DEVELOPER shall maintain the premises in FIRST CLASS CONDITION.
A. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughout the term of this Agreement, DEVELOPER shall,
at DEVELOPER's sole cost and expense, maintain the Property which includes all improvements thereon in
first class condition and repair, and in accordance with all applicable laws, permits, licenses and other
governmental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter enacted,
issued or promulgated by federal, state, county, municipal. and other governmental agencies, bodies and courts
having or claiming jurisdiction and all their respective departments, bureaus. and officials.
If the DEVELOPER fails to maintain the Property in a "first class condition", the Redevelopment Agency of the
City of Chula Vista or its agents shall have the right to go on the Property and perform the necessary
maintenance and the reasonable cost of said maintenance shall become a lien against the Property. The
Agency shall have the right to enforce this lien either by foreclosing on the Property or by forwarding the
amount to be collected to the Tax Assessor who shall make it part of the tax bill.
B. DEVELOPER shall promptly and diligently repair, restore, alter, add to, remove, and replace, as required, the
Property and all improvements to maintain or comply as above, or to remedy all damage to or destruction of all
or any part of the improvements. Any repair, restoration, alteration, addition, removal, maintenance,
replacement and other act of compliance under this Paragraph (hereafter collectively referred to as
"Restoration") shall be completed by DEVELOPER whether or not funds are available trom insurance proceeds
or subtenant contributions. The Restoration shall satisfy the requirements ot any sublease then in effect for
the Property or improvements with respect thereto or, if no sublease is then in effect, shall be repaired or
restored in the building standard shell condition existing immediately prior to the date of such damage or
destruction.
C. In order to enforce all aboye maintenance provisions, the parties agree that the Community Development
Director is empowered to make reasonable determinations as to whether the Property is in a first class
condition. If he determines it is not, he (1) will notify the DEVELOPER in writing and (2) extend a reasonable
time to cure. It a cure or substantial progress to cure has not been made within that time, the Director is
authorized to effectuate the cure by City torces or otherwise atter written notice to Developer that City forces
will be making such cure, the cost of which will be promptly reimbursed by the DEVELOPER. In the event that
there is a dispute over whether the Property is in a first class condition or over the amount of work and
expense authorized by the Director to cure, the parties agree that the City Manager of the City of Chula Vista
("Manager") or his designee, shall resolve that dispute and both parties shall be bound by the Manager's
decision, which shall specity findings of fact.
D. FIRST CLASS CONDITION DEFINED. First class condition and repair, means Restoration which is necessary to
keep the Property in an efficient and attractive condition, at least substantially equal in quality to the condition
which exists when the Project has been completed, normal wear and tear excepted, in accordance with all
applicable laws and conditions.
5. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein shall run with the land.
DEVELOPER shall have the right, without prior approval ot AGENCY, to assign its rights and delegate its duties under
this Agreement
6. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein are for the express benefit of
the AGENCY and for all owners of real property within the boundaries of the PROJECT AREA as the same now exists
or may be hereafter amended. AGENCY and DEVELOPER agree that the provisions of this Agreement may be
(-1'-/
specifically enforced in any court of competent jurisdiction by the AGENCY on its own behalf or on behalf of any owner
of real property within the boundaries of the PROJECT AREA. Except for the Agency, however, no owner of real
property within the boundaries of the Project Area shall have the right to enforce any ot the provisions of this Agreement
independently.
7. AGENCY and DEVELOPER agree that this Agreement may be recorded by the AGENCY in the Office of the County
Recorder of San Diego County, California.
8. OEVELOPER shall and does hereby agree to indemnify, protect, defend and hold harmless AGENCY and the City of
Chula Vista, and their respectiye Council members, officers, employees, agents and representatives. from and against
any and all liabilities, losses, damages, demands, claims and costs, including court costs and reasonable attorneys' fees
(collectively, "liabilities") incurred by the AGENCY arising, directly or indirectly, from (a) AGENCY's approval of this
Agreement, (b) AGENCY's or City's approval or issuance of any other permit or action, whether discretionary or non.
discretionary, in connection with the Project contemplated herein. and Ic) DEVELOPER's construction and operation ot
the Project permitted hereby.
9. In the event of any dispute between the parties with respect to the obligations under this AGREEMENT that results in
litigation, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the non.
prevailing party.
10. This Agreement may be executed in counterparts, which together shall constitute one and the same instrument.
11. To the extent DEVELOPER is comprised of more than one person or entity, each such person or entity shall be jointly
and generally liable hereunder.
12. Time is of the essence tor each and every obligation hereunder.
13. If DEVELOPER fails to fulfill its obligations hereunder alter due notice and reasonable opportunity to cure, DEVELDPER
shall be in default hereunder, and in addition to any and all other rights and remedies AGENCY may have, at law or in
equity, AGENCY shall have the right to terminate its approval of the Project and this Agreement.
Signature Page For
OWNER/TENANT PARTICIPATlDN AGREEMENT
690 L STREET
Follows
1- I~
05/10/2001 11: 22 5192200401 AEDIFICE ARCHITECTUA PAGE 02
Signature Page For
OWNER/TENANT PARTICIPATION AGREEMENT
890 L STREET
IN WITNESS WHEREOF THE PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE AS OFTHE OATE FIRST WRITTEN
ABOVE.
"AGENCY"
REOEVELOPMENT AGENCY OF THE CITY OF CHUlA VISTA
DATED: By:
Shirley Horton, Chairman
"DEVELOPER"
Foster InvBstment Corporation. landlord
DATED: ~ By: ~ ~ ' f)~
Charles E. Tiano, Vice President, Properties
Budget Rent A Car Systems, Inc.. Tenant
DATED: 4/17 /0/ By:
NOTARY: Please attach acknowledgment ca.rd.
APPROVED AS TO FORM BY:
John M. Kaheny. Agency Attorney
IJ:IHOME\COMMDEV\TAPIAIOPAS\Budoo, Ro" A c" ¡OOIDPA.doc (AprlI5, 20011:15 PMI]
1- (~
EXHIBIT A
Design Plans
Owner/Tenant Participation Agreement
Foster Investment Corporation. landlord
Budget Rent A Car Systems, Inc., Tenant
690 l Stroot
Chula Vista, CA
Exhibit A
Reduced Copies of Design Plans
1- I Î
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EXHIBIT B
Conditions of Approval
Owner/Tenant Participation Agreement
Foster Investment Corporation, Landlord
Budget Rent A Car Systems, Inc., Tenant
690 L Street
Chula Vista, CA
CONDITIONS OF APPROVAL
1. Prior to occupancy of the new structure, all landscaping and hardscape improvements shall be installed in
With the approved landscape plan and the comments ot the city landscape Planner.
2. Construct the project as submitted, unless otherwise modified herein.
3. Prior to the issuance of building permits, the applicant shall comply with all requirements ot the Building Division.
a. Submit architectural plans that are stamped and signed by a licensed architect.
b. Structural plans and calculations must be stamped and signed by a California Registered Civil/Structural
Engineer.
c. Project shall comply with 1997 UBC and 1996 NEC.
d. Project shall comply with 1998 handicapped accessibility requirements.
e. Plans shall indicate type of occupancy.
4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building
and wall plans and shall be reviewed and approved by the Planning Director prior to the issuance of building permits.
Additionally, the project shall conform with Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti
control.
5. The monument sign to be located at the entrance to the site shall contorm with applicable setback and area
regulations. A minimum setback of 10 feet shall be maintained from the eastern property line ot the site. Prior to
the placement 01 signs on site. a sign permit shall be obtained.
6. Prior to the issuance of building permits, the applicant shall submit plans that depict adequate driveway site
distance and conformance with Section 12.12.130 01 the Chula Vista Municipal Code.
7. Prior to the issuance 01 a certificate 01 occupancy, the temporary sales trailer shall be removed from the site.
8. Prior to the issuance of building permits, the applicant shall work with Planning staff to develop a color scheme that
more closely integrates building colors with sign colors.
9. Prior to the issuance 01 building permits, the applicant shall revise plans tor the monument sign at the north of the
site to more closely integrate said sign with fencing pilasters.
10. The following lees shall be required based upon the tinal building plans submitted:
al Sewer connectionfcapacity lees.
bl Traffic signal fees.
c) Development impact fees.
11. A two-loot dedication ot right.ol.way is required along the l Street trontage.
/-d-d---
EXHIBIT B
Conditions of Approval
Owner/Tenant Participation Agreement
Foster Investment Corporation, Landlord
Budget Rent A Car Systems, Inc" Tenant
690 L Street
Chula Vista, CA
12. Prior to any construction in the public right.of-way, the applicant shall obtain a construction permit from the City
of Chula Vista.
13. It total on.site excavation exceeds the requirements prescribed by the City of Chula Vista Grading Ordinance
Number 1797 Section 15.04.150 a grading permit will be required.
14. Prior to the issuance of building permits, the applicant shall provide a letter from the water authority indicating fire
flow at 1,500 gpm for 2 hours. The building shall be sprinkle red if this flow is not provided.
15. Prior to the issuance of a building permit, the applicant shall submit project plans that depict a minimum 20 foot
unobstructed fire access.
16. Prior to certificate of occupancy, the applicant shall provide an opticom system and know box key switch for
access, if a motorized gate is to be used.
17. Prior to certificate of occupancy, the applicant shall provide a minimum rate fire extinguisher (2A.l OBC) for the
building.
18. The applicant shall comply with all recommendations ot the City of Chula Vista Crime Prevention Unit.
19. Prior to the issuance ot building permits, the applicant shall pay all required school fees.
20. Prior to the issuance of building permits. the applicant shall address the comments of the Sweetwater Authority.
IJ:\HOME\COMMOEV\TAPIAIOPAS\eudget Rent A Car 2001OPA.doc [April!). 2001 t2:49 PMII
/-d3
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM NO.: d
MEETING DATE: 05/15/01
ITEM TITLE: AGENCY RESOLUTION APPROVING AN EXCLUSIVE NEGOTIATING
AGREEMENT WITH BITTERLIN DEVELOPMENT CORPORATION AND
CARTER REESE AND ASSOCIATES FOR THE DISPOSITION AND
DEVELOPMENT OF AGENCY-OWNED PROPERTY AT 760
BROADWAY LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT
PROJECT AREA
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR C. I
REVIEWED BY: EXECUTIVE DIRECTO
4/5THS YOTE: YES UNO 0
BACKGROUND
On February 6, 2001 during the executive session, the Agency was presented two unsolicifed
proposals for the development of the Agency-owned property at 760 Broadway (mid-block between
K and J Streets) locafed within the Southwest Redevelopment Project Area. The Agency directed staff
to negotiafe an Exclusive Negotiating Agreement (ENA) with Broadway Chula Vista Investors
(Developer), a joint venture made up of the Bitterlin Development Corporation and Carter Reese and
Associates, for the redevelopment of the site wifh a mixed-use residential and retail project. Sfaff
and fhe Developer have completed fhe ENA and are presenting it to the Agency for consideration.
RECOMMENDATION
That the Agency adopt fhe resolution approving the Exclusive Negotiating Agreement with
Broadway Chula Vista Invesfors and direct staff to work with the Developer on the preparation of
project plans and a Disposition and Development Agreement for the site at 760 Broadway.
BOARDS/COMMISSIONS RECOMMENDATION
Not Applicable
DISCUSSION
Last year, Community Development sfaff received two unsolicited proposals for the purchase and
development of the Agency site at 760 Broadway. The first proposal came from Mr. George Reh,
and called for the construction of 52 residential units and 10,400 square feet of commercial
space. A subsequent proposal came from a joinf venture, Broadway Chula Vista Investors,
formed by the Bitterlin Development Corporation and Carter Reese & Associates for the
construction of 116 residential units and 9,000 square feet of commercial space. Staff presented
d -(
PAGE 2, ITEM NO.:
MEETING DATE: 05/15/01
the two preliminary proposals to the Redevelopment Agency during a closed session to determine
the Agency's inifial impression of the two proposals. The Agency directed staff to work with
Broadway Chula Vista Investors on the preparation of an ENA, which is now being presented for
the Agency's consideration.
Proiect Site
The 2.55-acre site for the proposed project is vacanf and under the ownership of the
Redevelopment Agency. The property was acquired by fhe Agency in 1992 as part of the
relocation of the Fuller Ford automobile dealership to fhe Auto Park on Otay Valley Road.
Subsequent to the acquisition, the Agency worked with a local Developer to develop fhe site with
Broadway Business Homes project, which never materialized.
The site is a mid-block commercially zoned property. A mixed-use residential-retail project is
considered highly appropriate for the site.
Proiect Proposal
The Broadway Chula Vista Invesfor's proposal calls for fhe consfruction of a residential and
commercial project, which will include 116 markef rate residential units, 9,000 square feet of
retail space, 260 parking spaces (surface and underground), and associated open space and
landscaped areas (see attached drawings). The project will be composed of three buildings wifh
heights ranging from three to five-stories high. A building fronting Broadway will contain the
retail space on the first floor and residential lofts on the upper floors. The other two buildings will
confain 1 and 2-bedroom unifs with floor area ranging from 850 to 1,200 square feet of space.
The current approach is to develop a project with market-rate residential rental unifs, with
integrated retail on the Broadway frontage of the property. In addition, the developer will assess
the feasibility of including adjoining properties during the negotiafing period.
Proiect Processina
The processing of fhe proposed project will involve environmental review pursuanf to the
requirements of CEQA. This part of the process will require fhe undertaking of noise, traffic, and
archeological studies. The project will be taken through the design review process, which will
involve the processing of a Precise Plan in order to review fhe relationship between the proposed
buildings' height/mass and the existing buildings in the vicinity. Since the proposed project is a
commercial/residential mixed-use, it will be presented to the Planning Commission for
consideration of a Special Land Use Permit. Another element of this process will be a public
forum for the presenfation of the project to the surrounding residents and property owners and
obtain their opinion on the proposal. The results of this review process, as well as a negotiated
Disposition and Development Agreement, will be presented to the Redevelopment Agency for
consideration at a noticed public hearing. The outlined review process will be conducted during
the six-month period of the ENA. The main components of the ENA are discussed below.
d.-d...
PAGE 3, ITEM NO.:
MEETING DATE: 05/15/01
Exclusive Neaotiatina Aareement rENA)
Staff worked with the Developer on the preparation of the attached ENA being presenfed to the
Agency for consideration. Approval of the ENA will allow the Developer to:
1. Further define the project;
2. Determine project feasibility;
3. Secure the necessary financing;
4. Defermine fhe public benefits of the project; and
5. Lead to the preparation of a Disposition and Development Agreement that will
contain terms for site acquisifion and development of the project.
The proposed ENA does not commit the Agency fo any project approvals or property sales. The
ENA merely establishes a six-month period, wifh an extension of up to an additional six months,
for exclusive negotiations over the proposed project. In addition to the description of the project,
the exclusivity and time period for negotiations, the ENA specifies the rights and obligations of the
Developer and the Agency, some of which are listed below:
Developer's obligations include submittal of:
. All requested economic data, including project pro-forma and cash flow analysis;
. Cash deposif fo cover expenses during fhe ferm of the ENA;
. Offer for the acquisition of the Agency property;
. More defined concept plans;
. Report on Developer's efforts to acquire other properties fo facilitafe the proposed
project;
. Preparation of environmental documents in compliance with CEQA;
. Periodic progress reports on fhe processing of the project.
Agency's obligafions include:
. Working with Developer to assess on and off-site public improvements as well as
of her fees and exaction that may be required of the project;
. Facilitate the required analysis for the project under CEQA;
. Assist Developer in establishing a schedule of all discrefionary and ministerial
permifs;
. If needed, extend owner participation rights as required by law.
Third-Party Consulfant Cosfs
Developer and staff have agreed to fund mosf third-party consulfant cosfs with a Developer
funded $25,000 deposit. These costs would include traffic, noise, archeological, and financial
studies. If fhe Agency does not proceed with a project with the Developer under certain
circumstances, the Developer may be entitled to cost reimbursements.
eJ-3
PAGE 4, ITEM NO.:
MEETING DATE: 05/15/01
Form of Aareement
The ENA was prepared on the City's standard form, with some modifications drafted by the City
Attorney's office that reduce City / Agency risks.
Sfaff recommends that the Agency approve the attached ENA with the Broadway Chula Visfa
Investors for a period of six months with a six month extension at the option of the Agency.
FISCAL IMPACT
During the ENA period, Agency staff fime will be spent working wifh the Developer on the issues
described in this report.
ATTACHMENTS
Map
Drawings
ENA
j,\COMMDEV\STAFF.REP\OS-lS.Ol\760 BROADWAY ENA.doc
.;;J-t/
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA APPROVING AN EXCLUSIVE NEGOTIATING
AGREEMENT WITH BITTERLIN DEVELOPMENT CORP. AND
CARTER REESE AND ASSOCIATES FOR THE DISPOSITION AND
DEVELOPMENT OF AGENCY-OWNED PROPERTY AT 760
BROADWAY LOCATED WITHIN THE SOUTHWEST
REDEVELOPMENT PROJECT AREA
WHEREAS, Broadway Chula Vista Investars propases ta develap the site with a mixed-use
project which consists af 116 market rate residential units and 9,000 square feet of commercial
space; and
WHEREAS, Broadway Chula Vista Investors wishes to enter into a six-manth Exclusive
Negatiating Agreement far the disposition and development af the praperty at 760 Broadway; and
WHEREAS, said praperty is under the awnership af the Redevelapment Agency; and
WHEREAS, the Agency is willing ta enter inta an Exclusive Negotiating Agreement, because
the propased praject is af a high quality, has the patentialto remave blighting canditians, will put a
vacant site ta a higher and beller use, and will pravide benefits for the community.
NOW, THEREFORE, BE IT RESOLVED that the Redevelapment Agency of the City af
Chula Vista daes hereby approve the Six-month Exclusive Negotiating Agreement with Broadway
Chula Vista Investars in the farm presented and autharizes the Chair to execute the same.
PRESENTED BY APPROVED AS TO FORM BY
~, ~ .......----
Chris Salomone
Director of Community Development
J:\COMMDEVIRESOS\760 BROADWAY ENA RESO.doc
d-S"
EXCLUSIVE NEGOTIATING AGREEMENT
[760 BROADWAY]
This EXCLUSIVE NEGOTIATING AGREEMENT [760 BROADWAY] ("Agreement") is entered
inta effective as af 2001 ("Effective Date") by and between the
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a political subdivisian af the
State of California ("Agency"), and BITTERLIN DEVELOPMENT CORPORATION, a Califarnia
Corparation, and CARTER REESE AND ASSOCIATES, a Califarnia Corporation (callectively,
"Develaper"), with reference ta the fallawing facts:
A. Develaper is propasing the develapment af a mixed use (residential/commercial) real estate
project, as more particularly described in Sectian 2.2 hereaf ("Project"), upon certain
Agency-owned real property camprised of approximately 2.55 vacant acres lacated within
the Sauthwest Redevelapment Praject Area in the City af Chula Vista, California
("Sauthwest Project Area"), as mare particularly described in Section 2.1 hereof, belaw
("Property").
B. In arder ta facilitate the develapment of the Praject on the Property, Develaper desires to
enter inta an exclusive negotiating agreement with the Agency.
C. Due ta the high quality nature af the Project, and its potential far eliminating blighting
conditians within the Southwest Project Area an and araund the Property, Agency is
willing ta enter inta such an arrangement on the terms and canditians set forth in this
Agreement.
NOW, THEREFORE, in consideratian af the above recitals, the mutual cavenants cantained
herein, and far ather good and valuable cansideration, the receipt and sufficiency of which the
parties hereby acknowledge, AGENCY AND DEVELOPER HEREBY AGREE AS FOLLOWS:
1. NATURE OF AGREEMENT
1.1 In General. The general purpases of this Agreement are to establish an
exclusive negatiatian periad during which the parties agree to attempt, in gaad faith: (a)
to further define the Praject; (b) ta determine Praject feasibility; (c) ta determine the
extent ta which implementatian af the Praject will result in public benefit; (d) to analyze
the potential environmental impacts af the praject; and (e) in the event the parties are
mutually satisfied with the autcames of the matters described in (a)-(e), abave, ta
negatiate the terms and conditians of a Dispasitian and Develapment Agreement
("DDA") which, at the Agency's sale discretian, may be presented ta the Agency Board
for its consideration. The Agency reserves the right to apprave or reject a DDA or the
Project as mare particularly set farth in Sectian 4 of this Agreement, be law.
1.2 Exclusivity. During the term of the Agreement the Agency agrees not to
negatiate with any other persan ar entity regarding the disposition and develapment af
the Property. Natwithstanding the faregoing, Developer acknawledges that (a) the
Agency may receive from time ta time, unsalicited alternative propasals far the
develapment af the Property; and (b) Agency reserves the right ta evaluate and factor
in alternative proposals when considering whether or nat ta approve, and/or the terms
and canditions upan which to apprave, final agreements with Develaper for the actual
1 [FILE !\COMMDEV\TAPIA\Ag,~m,m,\ENA 7fIJ ßm.d..y.doc [5/11/OJ 8\27 AM[
d - Co
disposition and develapment of the Property. Agency shall natify Developer within a
rea san able peri ad of receiving any unsolicited Property development proposal. In
addition, to the extent any non-Agency owned parcells) are included as part of the
Project, Agency reserves the right to extend awner participatian rights to the owner(s)
of such parcells) as required by the adopted Redevelopment plan for the Southwest
Praject Area.
1.3 Term. The initial term of this Agreement shall commence an the Effective Date
and, unless earlier terminated in accordance with the provisions hereaf, shall expire an
the date falling 180 days after the Effective Date, which the parties agree is
, 2001 (the "Initial Negatiatian Period"). At the end of the Initial
Negotiatian Periad, the Executive Director for the Agency, in his sole discretian on
behalf of the Agency, is authorized to extend the term af this Agreement far up to an
additional 180 days (the "Extended Negotiatian Period") provided that at the end af the
Initial Negotiation Periad, the Agency has nat exercised its right to terminate as herein
provided, the Developer is in full compliance with all terms and canditions hereof, the
Developer cancurs with such extensian af the negotiatian period, and the Executive
Director has determined that there is a reasonable likelihood that the Developer will
agree ta terms and conditions far the dispasitian af the Property and development af
the Praject which the Agency staff will be able to recommend ta the Agency priar to
the expiratian of the Extended Negatiation Periad. The Executive Directar shall also
have the discretion ta extend the Initial or the Extended Negatiation Period far up to an
additianal 60 days to allaw far any Project pracessing delays directly caused by
Develaper's proposed acquisitian of the Adjacent Parcel (described in Sectian 2.1.b,
below) far inclusian as part of the Praject.
2. DESCRIPTION OF PROPERTY AND PROJECT
2.1 Propertv Descriptian.
a. Unless additians ar deletions are appraved ar required by the Agency, far
purpases of this Agreement, the parcels comprising the Praperty shall be as
fallaws:
Assessor Parcel Number 571-200-13
Assessar Parcel Number 571-200-14
Assessor Parcel Number 571-200-1 5
Assessor Parcel Number 571-200-36
All parcels (37 thru 58) and alleys af Parcel Map 17701
A map af the Property is attached as Exhibit A.
b. The Develaper intends to explore acquisitian of an improved parcel adjacent ta
the Property lacated at 772 Broadway (the "Adjacent Parcel") for inclusian as
part af the Project. Upan written appraval by the Executive Director and the
waiver ar exhaustian of the Adjacent Parcel owner's owner participation rights,
such parcel may be added to the Property.
2 [FILE, ¡,ICOMMOEV\TAPIA\Ag".m.",,\ENA 7«) B,oodw'ydoc ['"l/or 8,2) AM[
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2.2. Project Descriptian.
Unless otherwise approved or required by Agency, the praposed Project shall consist af
a high quality mixed use residential and retail commercial project with appraximately
106 residential units, 9,000 square feet af retail space fronting on Broadway and 260
parking spaces, a partion af which shall be underground.
The residential units and the commercial space shall be contained in multiple buildings
up ta five staries high. Ample caurtyards and apen spaces with quality amenities will be
provided between these buildings. The building architecture will be heavily urban and
accented with colors, textures, design elements and mature landscape materials. A
preliminary site plan and elevation for the Praject is attached hereta as Exhibit B.
Except as expressly appraved by the Agency Baard, in its sale discretian, the Project
shall comply with any and all local laws, regulatians and palicies in effect as of the
Effective Date. Developer acknowledges and agrees that Agency may require
modificatians ta the Praject either in the negatiatian af a DDA, or in the land use
entitlements pracess. If Developer does not agree to any such conditions, Develaper
reserves the right ta terminate this Agreement and nat ta praceed with the Project.
The Executive Director may require or approve minar madifications ta the praposed
Project during the term hereof; material madificatians ta the Praject must be appraved
by the Agency Board.
3. DUTIES DURING NEGOTIATION PERIOD
3.1 Develaper's Obliqatians.
a. Immediately upon approval of this Agreement, Develaper shall meet and canfer
with Agency staff to develop a mutually agreeable negotiation and development
schedule, and agreed upan forms for Praject plans, pro forma, and evidence af
financing required per the milestanes set farth belaw.
b. Within ten (10) days after the Effective Date, Develaper shall depasit with Agency
$25,000 in immediately available funds (the "ENA Depasit"). Agency shall have
the right ta draw down on the ENA Depasit as necessary ta pay: third party
financial or environmental impact consultants: City staff time (excluding
Community Development Department and City Attorney staff time which shall be
the respansibility af the Agency, at applicable full cast recovery rates), and ather
reasanable casts as the Agency deems necessary ta evaluate Praject feasibility
and impacts. Except as otherwise agreed upon by the parties, Agency
expenditures shall be made far the specified purpases, and in accardance with the
budget attached hereta as "Exhibit C". In cannectian with the pracessing af any
Praject land use entitlements, Developer shall be responsible for paying the City's
standard processing fees.
c. Within 90 days after the Effective Date, Developer shall submit a Project concept
plan.
3 [FlΠJICOMMDEV\TAPIAIAgre'm","IENA 7O<J B'oodw'ydoc [51l1/OJ "" AM[
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d. Within 90 days after the Effective Date, Develaper shall provide the Agency with
a report on its efforts to acquire adjacent properties that may facilitate
develapment of the Project.
e. Within 90 days after the Effective Date, Develaper shall provide Agency with
requested econamic data including, but not limited to, project pro-farm a and cash
flaw analysis for each campanent of the Project, and prapased purchase price for
the Agency Praperty.
f. Within 120 days after the Effective Date, Developer shall submit proposed
sources af acquisition and develapment financing for the Praject.
g. It shall be the responsibility af the Developer, after early cansultation with the
City af Chula Vista as the lead agency, ta prepare or have prepared the
appropriate environmental dacument(s) that will be in campliance with the
Califarnia Environmental Quality Act (CEQA) and all af its provisions, The
Develaper shall initiate early caardination with the City of Chula Vista and
appropriate agencies in arder ta determine the type of environmental dacument an
actian requires, the scape af the document, the level of analysis, and related
environmental requirements. Develaper shall provide all necessary informatian,
funds and agreements necessary ta camplete the required CEQA process far the
Project priar ta ar cancurrent with any prapased adoptian af a DDA ar
entitlements far the Project.
h. Throughaut the Negotiation Periad, the Developer shall make periodic aral and
written progress reports ta the Agency on all matters requested by the Agency.
i. Time is af the essence for each of Develaper's obligations under this Section 3.1
and under this Agreement.
3.2. Aqencv Obliaations.
a. Agency staff shall wark with the Developer ta assess any an-site or off-site public
improvements as well as all fees and other exactians that may be required ta
implement the Praject.
b. Agency staff shall facilitate the required analysis of the proposed Praject under
CEQA.
c. The Agency shall assist the Develaper in establishing and periadically updating a
schedule af all discretionary and ministerial permits, reviews and approvals
required to implement the Project.
d. The Agency shall extend owner participation rights as required by law.
3.2.1 Dutv af Aqencv Staff and Developer ta Neqotiate DDA.
Upan Agency staff's preliminary appraval of Project cancept plans and feasibility,
Agency staff and Developer shall in gaad faith attempt to negotiate the terms and
4 IF]LE, ¡,\COMMOEV\TAPlAIA""m,m,IENA 76() Bm""woy.doc [5/11/01 ',23 AMI
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conditians af an agreement ("Dispasition and Development Agreement", or alternatively
"DDA"). If the terms of a DDA can be negotiated at a staff level, Agency staff shall
present same ta the Agency Board far its review and cansideration. Any negatiated
DDA shall, amang other things, cantain and nat be inconsistent with, the terms and
canditians set farth herein belaw.
a. Disposition of the Aqencv Owned Parcels.
The Agency shall convey ta Developer those parcels of the Praperty owned or acquired
by the Agency, determined ta be necessary for the Project, and the Developer shall
acquire such property an such terms as may be agreed upon by the Developer and
Agency. The Property shall be transferred in an "AS IS" candition with no
representations and warranties as to its physical canditian or its suitability far
Develaper's intended use. The purchase price, rental and/ar ather consideratian will be
based upan such factors as market conditians, scape of develapment, cost af
develapment, risks incurred, estimated or actual profit, estimated ar actual rates and
charges far the facilities ta be develaped, public purpase, and other matters relevant ta
establishing the fair market value far the uses permitted ta be developed therean.
b. Develapment af the Praiect.
The Develaper shall develap the Property with the Project in a farm as appraved by the
Agency Baard, in accardance with an agreed upan schedule. The Praject shall, withaut
limitation:
(1) Camply with any and all applicable, federal, state and lacal laws,
regulations, standards and palicies including the standards for commercial
develapment in the Sauthwest Redevelapment Project Area and any
applicable affordable hausing requirement in the City's General Plan
Housing Element.
(2) Incarparate a design that minimizes, ta the extent possible, the traffic
circulation and parking prablems that the Praject can be expected to
praduce.
(3) Provide a strang cannection between the retail and residential camponents
of the Project.
(4) Provide for an exceptianal architectural theme and urban design, which
establishes a strang identity far the Project.
(5) Minimize the patential visual and naise impacts that the Project might have
upon the adjacent residential neighbarhaad.
5 IF]LE, J,\COMMDEV\TAPlA\Ag'~m,""\ENA 76" B",",w'y.doc 1511 1101 823 AMI
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d. Security far Developer's Perfarmance.
Developer shall provide security far its perfarmance. Security measures may include
ane ar more of the follawing: (1) a canveyance of a conditionally defeasible fee title
with right af reverter; (2) a perfarmance trust deed: and/ar (3) guarantees, bands,
letters of credit, cash de pas its ar other similar instruments. Any such measures shall
take inta cansideration any Project lender's need ta be secured and, prior to Agency's
exercise af its enforcement rights, shall give such lender adequate notice and an
apportunity to cure any Develaper defaults.
e. Aqency shall have Approval Riqhts for certain Operators, Users, Tenants.
Agency shall have reasanable approval rights far aperatars, uses, and/ar tenants in the
Project. Specific standards and the process for approval shall be negatiated by the
parties.
f. Ecanamic Risk.
Except as expressly agreed by the Agency, Develaper shall absarb all ecanomic risks
and costs assaciated with the acquisition af the Property and the campletian af the
Project. It is the intention of the parties that Develaper shall pay the full cast af all
improvements to be canstructed an the Property and any required public off-site
impravements including the cast of all normal City fees and permits applicable ta
completion of the propased impravements.
g. Approval of Lender.
Agency shall have reasonable approval rights aver the canstructian and permanent
lender far the Project. Specific standards and the process far abtaining Agency
approval shall be negatiated by the parties.
h. Restrictians Aqainst Discriminatian.
The DDA shall contain the canstraints against discrimination in the farm and manner
required by state redevelopment law.
i. Assiqnment.
Develaper's rights and obligatians under the DDA shall not be assignable without
Agency approval. Specific standards and the pracess far obtaining Agency approval
shall be negotiated by the parties.
j. Indemnity.
Developer shall indemnify, protect, defend, and hald harmless Agency, its elected
afficials, emplayees and agents against any and all challengers to the DDA, the Project,
the related entitlements, and any ather related actions or omissions by Develaper,
6 [FILE' j,ICOMMDEV'TAPlA'A""m,""'ENA "" B=dw'y.doc [5111101 '23 AM]
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Developer's agents or third parties, related ta ar occurring an the Property related to
the Agency's approval of the Praject ar Developer's develapment financing, transfer ar
operation thereaf, except ta the extent caused by Agency's sole negligence or sale
willful miscanduct.
k. Restrictions an SDeculatian and Excess Profit Takinq.
In accardance with Califarnia Health and Safety Cade Section 33437, the DDA shall
include apprapriate cavenants and restrictians that the Agency believes necessary to
prevent speculatian or excess profit taking.
I. ODeratinq Cavenants and Restrictions.
The parties shall negatiate apprapriate operating cavenants and restrictians designed to
assure the lang-term existence and success af the Project.
m. Acquisitian af Other PraDerties.
In the event after goad faith best efforts, Developer has been unable to acquire ane or
mare parcels necessary far the develapment af the Project, the Agency, after exercising
its own best effarts to voluntarily acquire such parcels, may agree ta schedule and
deliberate upon the acquisition of all ar some of the nan-Agency owned parcels in the
Praperty by the exercise of eminent damain. Nothing herein shall obligate the Agency
to exercise eminent damain except as it deems consistent with the public interest and
the requirements of the law. Agency shall retain full discretion to reject the use af
eminent damain far any and all reasans.
3.2.2 Na Pre-Commitment.
The inclusian of the basic DDA terms set farth abave shall not be deemed ta be
acceptance of such items by either party until such time as the Agency may apprave,
and the parties execute a DDA.
3.2.3. Riqht to Neqotiate for Cost Subsidy.
Upan the terms of this Sectian, Agency agrees ta meet and canfer, and to negotiate in
good faith with Develaper, the possible pravision, in one form ar anather, ta Develaper
af a subsidy which may be necessary ar appropriate to the redevelopment at the
Praperty into the Project in order far Developer to achieve a reasanable rate af return an
its investment fram pursuing the Project. The reasonableness af the rate of return shall
be determined by giving consideratian ta industry-expected rates of returns an
redevelapment projects in redevelopment areas of similar scale, scope and risk. The
parties further agree that bath parties shall use the Initial Negotiation Periad to estimate
tatal praject casts in arder ta determine the ecanamic feasibility af the prapased
Project. Priar ta requesting a cast subsidy fram the Agency, Develaper shall
demanstrate, in a commercially-acceptable manner appraved by Agency, the facts and
circumstances that justify the duty ta meet and confer far a cost subsidy. As a
canditian to cammencement of such negotiations, Develaper shall have delivered to
7 IFlLEo Jo\COMMOEV\TAPlA\Ag=m,""\ENA 7'" B'oodw.,.d~ 15111101 823 AMI
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Agency its "pro-farma" determination af return an investment and any and all ather
Project informatian reasonably requested by Agency as more specifically provided in
Section 3.1 hereof.
4. RETENTION OF DISCRETION TO APPROVE OR REJECT THE PROJECT AND DDA
Notwithstanding any other provision in this Agreement ta the contrary, the parties understand
that the Agency reserves the right to exercise its discretian as to all matters which it is, by
law, entitled ar required ta exercise its discretion, including, but not limited ta the following:
A. Appraval bv the Aqency af a DDA. The parties understand and agree that the
Agency has the camplete and unfettered discretion ta reject a DDA for the
disposition af the Praperty and development af the Project with aut explanatian or
cause. The risk af lass of all processing, design and developmental casts incurred by
the Develaper prior to DDA cansideratian shall be absorbed entirely by Developer
unless expressly assumed by the Agency pursuant ta the terms af this Agreement.
B. Review and appraval by the Aqency af all discretionarv findinqs and canclusions far
Property Dispositian and Proiect development. The parties understand and agree
that the Agency has the camplete unfettered discretion to make, ar not make all
necessary findings and determinatians required under CEOA, state and lacalland use
provisians and the Redeyelapment Act. As ta any matter which the Agency may be
required ta exercise its unfettered discretian in advancing the Project ta campletion,
nothing herein, nar ta be contained in the DDA shall abligate the Agency to exercise
its discretian in any particular manner, and upon doing so, it shall nat be deemed to
canstitute a breach of Agency's duties under this Agreement.
5. TERMINATION RIGHTS
Notwithstanding the Initial or Extended Negatiating Periods hereinabave set farth, either party
may terminate this Agreement if the ather party has materially defaulted in its obligatians
herein set farth, and the terminating party has provided defaulting party with written
natificatian af such determinatian, and the defaulting party has refused or failed to cure same.
The written natificatian shall set farth the nature of the actians required to cure such default if
curable. The defaulting party shall have 30 days fram the date of the written natification to
cure such default. If such default is not cured within the 30-day, the termination shall be
deemed effectiye. Far purpases of this paragraph, the parties hereby acknowledge that time is
of the essence. Each party shall also have the right to terminate this Agreement in the event
that the Project is determined ta be infeasible, or that the parties reach an impasse in their
negatiation of the DDA which cannot be resolved after gaad faith effarts. An uncured material
default by Develaper under any ather agreement with the Agency shall also be grounds far
termination af this Agreement by Agency.
6. ADDITIONAL TERMS AND OBLIGATIONS.
6.1. Aqency Riaht ta Acquire Develaper Acauired Parcels.
If Develaper shall have acquired any parcels adjacent to Property not owned by the
Develaper as of the Effective Date hereaf by voluntary acquisitian, and this Agreement
8 [FILE IoICOMMOEV\TAPIA\Ag'eemem,IENA ,.yJ .'oodw'y.doc [511 1/01 8\23 AMI
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is praperly terminated withaut an approved DDA, the Agency shall have the aptian,
natice af exercise of which is to be given within 120 days after receipt of written
natice af termination, to acquire such parcels for the actual cost incurred by Developer
in its acquisition. Such casts shall include, but nat be limited ta, third party fees
incurred in the acquisition, and a reasonable charge for time spent an the acquisition by
Develaper representatives prior to the sale ta the Agency in an amount nat-to-exceed
$5,000.
6.2 Develaper's FindinQs. Determinatians. Studies. Reparts, and FinancinQ.
As requested by the Agency, from time ta time, the Developer agrees ta make periodic
aral progress reparts and periadic written reports advising the Agency an all matters
and all studies being made to the extent that they do not include canfidential matters.
All such matters shall be deemed to be the jaint property af Agency and Developer, and
may be used by either party without reimbursement to the other. Notwithstanding the
faregoing, in the event that the Agency enters inta an agreement far the redevelapment
af the Property within ane year after the termination of this Agreement for a reasan
other than Develaper's default hereunder, and such an agreement is with a develaper
that presented an unsalicited Property develapment propasal during the term hereaf,
Develaper shall be entitled to reimbursement of its aut-af-packet costs incurred with
respect to thase studies and reparts that if pravided to the Agency utilized in significant
part by the subsequent develaper for develapment af the Praperty,
6.3. Preliminary AQreement.
If the negotiations culminate in a preliminary agreement between Agency staff and
Developer as to the terms for a DDA (a "Preliminary Agreement"), upan its execution
by Developer, such an agreement shall be deemed to be an irrevacable affer to the
Agency to contract on the terms af the Preliminary Agreement for a period therein
pravided. Such agreement shall not became abligatory upon the Agency ar become
effective until after the agreement has been considered and approved by the Agency
after such public hearings and such procedures as are prescribed by law.
6.4. Real Estate Commissians.
Neither the Agency ar Develaper shall be liable far any real estate commissian or
brakerage fees which may arise herefrom. The Agency and Developer represent that
they have engaged na broker, agent ar finder separately in cannectian with this
transaction and each party agrees ta indemnify, hald harmless and defend the other
against claims far cammissions or fees made through such party.
6.5. Each Party to Bear its Own Cost.
Except as otherwise expressly provided herein, each party shall bear its awn costs
incurred in connection with the negatiation of a DDA, and the implementation af this
Agreement.
9 [FILE J\COMMDEV\TAPlA\Ag'~m,""\ENA 7flJ .,oodw'y.doc [S/lIIO! 8,23 AM[
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7. NO PRE-COMMITMENT
By its execution of this Agreement, the Agency is not committing itself or agreeing to
undertake any activity requiring the subsequent exercise af discretion by the Agency, or any
department thereof including, but not limited to, the approval and execution of a DDA; the
propasal, amendment, or appraval af any land use regulation governing the Property; the
pravision of financial assistance for the development af any public or private interest in real
property; the authorizatian ar abligation ta use the Agency's eminent domain authority; or, any
ather such activity. This Agreement does not canstitute a dispositian af praperty ar exercise af
cantrol aver property by the Agency and daes nat require a public hearing. Agencyexecutian
of this agreement is merely an agreement to enter into a peri ad af exclusive negatiatians
accarding ta the terms hereof, reserving final discretion and approval by the Agency as ta any
praposed DDA and all proceedings and decisions in connection therewith.
8. GENERAL PROVISIONS
8.1 Address far Natice.
Develaper's Address far Notice:
Develaper's Name(s)
Address
City
Attn:
Telephone:
Fax:
Agency's Address far Natice:
Redevelapment Agency af the City of Chula Vista
Cammunity Development Department
276 Faurth Avenue
Chula Vista, CA 91910
Attn: Chris Salomone, Cammunity Develapment Director
Byran Estes, Redevelapment Manager
Miguel Z. Tapia, AICP, Senior Cammunity Development Specialist
Telephone: (619) 691-5047
Fax: (619) 476-5310
Copy ta: Glen Gaogins, Assistant City Attorney
8.2 Autharitv.
Each party represents that it has full right, pawer and authority to execute this
Agreement and ta perfarm its abligations hereunder, with aut the need for any further
actian under its gaverning instruments, and the parties executing this Agreement on the
behalf af such party are duly autharized agents with autharity ta do so.
10 IFILE JICOMMDEVITAPlAIA"rem""IENA 760 B,""w.y.doc Ijill/Ol ',23 AMI
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8.3 Counterparts.
This Agreement may be executed in multiple copies, each of which shall be deemed an
ariginal, but all af which shall constitute ane Agreement after each party has signed
such a counterpart.
8.4 Entire Aqreement.
This Agreement together with all exhibits attached hereto and other agreements
expressly referred ta herein, canstitutes the entire Agreement between the parties with
respect ta the subject matter cantained herein. All priar ar contemparaneaus
agreements, understandings, representatians, warranties and statements, oral ar
written, are superseded.
8.5 Further Assurances.
The parties agree to perfarm such further acts and ta execute and deliver such
additianal documents and instruments as may be reasanably required in order ta carry
aut the pravisians of this Agreement and the intentions of the parties.
8.6 Third Partv Beneficiaries.
There are no ather parties to this Agreement, express ar implied, direct or indirect. The
Agency and Develaper acknowledge that it is not their intent to create any third party
beneficiaries to this Agreement.
8.7 Exclusive Remedies.
Termination of the Agreement pursuant to Sectian 5 abave and the limited manetary
damages remedy set forth herein, be law, shall be the sale and exclusive remedies af a
nan-defaulting party with respect to any default hereunder, and neither party shall be
liable ta the ather party for additianallasses ar damages suffered by the ather party as
a result thereaf. Without limiting the faregaing, in no event shall either party or its
respective afficers, directors, partners, sharehalders, agents or emplayees be liable to
the ather party hereunder for special, indirect, cansequentiaJ, punitive ar exemplary
damages of any nature ar kind whatsoever except as expressly provided herein,
including loss af prafits or revenue, lost business apportunity, last contracts ar lass af
use, and each party hereby releases the ather therefrom. The parties intend that the
waivers and disclaimers af liability, releases from liability, limitations of liability, and
exclusive remedy pravisions expressed in this Sectian shall apply, whether in cantract,
tort or atherwise, even in the event af the fault, negligence (in whale ar in part). strict
liability ar breach af cantract of the party released ar whose liability is waived,
disclaimed, limited ar fixed by such exclusive remedy provision, and shall extend ta
such party's affiliates and contractars, and ta its and their partners, sharehalders,
directars, afficers, employees and agents. The parties also intend and agree that such
pravisians shall continue in full force and effect natwithstanding the expiratian or earlier
termination af the Agreement. Notwithstanding the faregaing, in the event af a
default, the non-defaulting party reserves the right to pursue the other far monetary
11 IFIŒ JlCOMMDEVITAPIAIAg,œm,""IENA 76Q Bm.dw.y.doc I'll 1/01 823 AMI
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damages in an amaunt limited ta, the aut-af-pocket costs incurred by the nan-defaulting
party in connectian with this Agreement, not-to-exceed $25,000.
8.8 Indemnitv.
Developer shall indemnify, protect, defend and hald harmless Agency, its elected
afficials, employees and agents from and against any and all challenges ta this
Agreement, ar any and all lasses, liabilities, damages, claims or casts (including
attorneys' fees) arising from Develaper's negligent acts, errors or omissians with
respect its obligations hereunder or the Property, excluding any such lasses arising from
the sale negligence ar sole willful misconduct of the Agency. This indemnity obligatian
shall survive the termination of this Agreement.
8.9 Assiqnment.
Agency would nat have entered inta this Agreement but far Developer's unique
qualificatians and experience. Therefore, DeveJaper's rights and abligatians under this
Agreement may not be assigned withaut the priar written approval of the Agency in its
sale discretian. Natwithstanding the faregoing, subject ta the reasonable priar written
approval of the Executive Directar, Develaper may assign its rights hereunder ta a new
entity camprised of the Develaper for purposes af develaping the Praject. Such new
entity may include additianal parties provided that the Develaper retains responsibility
far fulfilling its abligations hereunder, and Developer retains material management
control and authority over the entity and the Praject.
(Next Page is Signature Page)
12 [FILE, },ICOMMDEVITAPlAIAgc"m,m\IENA 760 Bcoodw,y.doc [jllI/OI 823 AM[
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Signature Page
to
Exclusive Negotiating Agreement
760 Broadway
IN WITNESS WHEREOF, the parties hereta have executed this Agreement as of the date set
forth above, thereby indicating the consent af their principals.
REDEVELOPMENT AGENCY OF THE BITTERLIN DEVELOPMENT CORP.,
CITY OF CHULA VISTA a California Corporatian
By: By:
Shirley Harton, Chair Chris Bitterlin, President
CARTER REESE AND ASSOCIATES,
a California Corporation
By:
Tom Carter, President
Approved as to farm:
By:
Jahn Kaheny
Agency Attarney/City Attarney
Appraved as ta Cantent:
By:
Chris Salamone
Executive Secretary/Cammunity Development Directar
13 IFILE AGENCY'S DRAIT (04/0612001 10,2] AM)[
c:;-(f
EXHIBIT A
Property Map
[To be inserted]
14 [FILE AGENCY'S DRAFT (04/06/2001 [0,23 AM)!
d~/ 9
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Project Location Map ~~~
-----
Project Address: 760 Broadway ~
Redevelopment Project Area: Southwest CRY Of
CHUIA VISTA
Community Development Department
~-J.O
EXHIBIT B
Project Description
15 [FlΠAGENCY'S DRAFT (041061200] 10,23 AM)[
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EXHIBIT C
Estimated ENA Expenses
Studies:
Traffic $
Naise $
Financial $
Engineering and Environmental $
TOTAL $25,000
16 IFILE, AGENCY'S DRAFT (04/0612001 10,23 AM)
c2-c23
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM NO.: 3
MEETING DATE: 05/15/01
ITEM TITLE: A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL
LAND USE PERMIT TO ESTABLISH A TELECOMMUNICATION SITE AT
256 LANDIS AVENUE.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA GRANTING A SPECIAL LAND USE PERMIT PCC-00-51
TO COX/SPRINT PCS TO ESTABLISH A TELECOMMUNICATION SITE
AT 256 LANDIS AVENUE.
SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR ~ ~S
REVIEWED BY: EXECUTIVE DIRECTOR JíJ
4/5THS YOTE: YESD NO0
BACKGROUND
The applicanf has requested a special land use permit fo allow the establishment of a
telecommunicafion site at 256 Landis Avenue located within fhe Town Centre I Redevelopmenf
Project Area. The proposed use is permitted subject to the issuance of a special land use permif
within fhe Central Commercial area of the Town Centre Redevelopment Plan; therefore, the
proposal requires consideration by fhe Town Centre Project Area Committee and the Redevelopment
Agency. The proposal is exempt from environmental review pursuanf fo fhe California
Environmental Quality Act, Section 15303 of the California Code of Regulations (New construction
or conversion of small structures).
RECOMMENDATION
Staff recommends that the Redevelopment Agency hold a public hearing and take public
testimony and adopt the resolution based on findings and subject to conditions of approval.
BOARDS/COMMISSIONS RECOMMENDATION
On November 8, 2000, the Town Centre I Project Area Committee voted to recommend
approval of Special Land Use Permit PCC-00-51 based on findings and subject to conditions.
DISCUSSION
The applicant's request entails the establishment of a telecommunication antenna site on an
existing commercial building located at 256 Landis Avenue. The Town Centre Redevelopment
designation for the site is commercial office. This land use designafion allows a mixture of
commercial office uses. To establish a telecommunication antenna facility at this site requires the
approval of a special land use permit from the Redevelopment Agency.
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PAGE 2, ITEM NO.:
MEETING DATE: 05/15/01
ANALYSIS
The City Council and fhe Redevelopment Agency have adopfed a "Vision" statement for the
Downtown to further focus and reinforce the Town Centre Redevelopment Plan gaals and
objectives. This stafement is consistent with fhe Town Cenfre Project Area Committee's adopted
land use policy for Town Centre. All three documents define the Town Centre or Downtown area
as a commercial focus for the community.
The location of the proposed project is a visible and viable commercial site. From a land use
aspect, the highest and best use of the sife is to effectuate the goal of fhe Town Centre
Redevelopment Plan to revitalize the area as the commercial focus of the city.
The objectives of the Redevelopment Plan include:
. C. The strengthening of the mercantile posture of Town Centre and the improvement of
retail trade fherein,
. D. The renewal of Town Centre's physical planf and the improvement of its land use
patterns and spatial relationships,
. E. The retention and expansion of viable land uses, commercial enterprises, and public
facilities within the area,
. F. The attraction of capifal and new business enterprises to fhe core, and
. J. The establishment of Town Centre as the South Bay's principal center for specialty
goods and services.
All of these objectives require efficient communication facilities.
The facility will provide a necessary and desirable service in the following ways: Mobile
communication services provided by the facility are growing in general use for both large and
small businesses as well as individuals and public agencies. The technology allows for mobile
communications of telephones, faxes, and computer data. 2) The growing importance of mobile
communication devices makes such service necessary for the future business climate of the City of
Chula Vista. 3) The mobile phone service is also of use for families, individuals, and public
agencies fo allow instant communication with of hers as well as providing mobile confact with the
911 emergency service system, thus contribution to the general well being of the community.
FISCAL IMPACT
Business License Tax is collected for operation within fhe City of Chula Vista.
J:\COMMDEV\STAFF.AEP\O5-15-01 \256 Land;s Ave ADA.doc
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RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING THE SPECIAL USE PERMIT PCC-00-51
LOCATED AT 256 LANDIS STREET
WHEREAS, on March 29,2000 the City of Chula Vista did receive an applicatian for a Special Use
Permit (PCC-00-51), and this canstitutes a formal applicatian; and
WHEREAS, the Planning and Environmental Manager has determined that the project qualifies for a
Class 3 Categorical Exemption as new construction of a small utility per Sectian 15303 of the California
Enviranmental Quality Act; and
WHEREAS, the Redevelopment Manager set the time and place far a hearing on the Special Use
Permit extension and notice of said hearing, together with its purpose, was given by publication in a
newspaper af general circulation in the city and its mailing ta property owners within 300 feet af the exteriar
baundaries of the real praperty that is the subject of the hearing at least 10 days prior ta the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 8:00 a.m., November
15, 2000, in the Housing Conference Roam, 276 Fourth Avenue, befare the Tawn Center Project Area
Committee, all testimany considered, and said hearing was thereafter clased; and,
WHEREAS, the Tawn Center Project Area Cammittee recommended that the Special Use Permit be
approved by a unanimaus vate; and
WHEREAS, the Community Development Director set the time and place for a hearing on the Special
Use Permit and natice af said hearing, tagether with its purpose, was giyen by a publicatian in a newspaper
af general circulatian in the city and its mailing to property owners within 300 feet of the exteriar baundaries af
the real praperty that is the subject af the hearing at least 10 days priar to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 15,
2001, in the City Council chambers, 276 Fourth Avenue, befare the Redevelopment Agency, all testimony
cansidered and said hearing was thereafter clased; and,
NOW THEREFORE BE IT RESOLVED that Special Use Permit PCC-00-51 is hereby APPROVED
accarding ta the following findings and subject ta the canditions contained herein:
FINDINGS
1. That the propased use at the particular locatian is necessary or desirable ta provide a
service or facility which contributes to the general well being of the neighborhoad or
the community in that cellular phone facilities are a utility of general use presently.
The convenience and ubiquitaus nature of these phanes requires the siting of such
cell sites throughout the city.
2. That such use will not, under the circumstances of the particular case, be detrimental
to the health safety or general welfare of persons residing or warking in the vicinity, or
injurious to praperty or improvements in the vicinity in that all federal, state, and local
rules will be followed as regards the installation.
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3. That the prapased use will comply with the regulations and canditions specified in the
Municipal Cade for such use since it has been canditianed ta be canstructed as
appraved, to camply with ANSI standards. to ensure that it daes nat cause localized
interference, and to camply with the City's Noise Standards.
4. That the granting of the special use permit will not adversely affect the General Plan
af the City of C~ula Vista or the adopted plan of any governmental Agency since the
General Plan contemplates the necessary utilities as accessory ta all uses throughout
the City.
CONDITIONS
1. The praperty awner and the applicant shall execute this dacument by making a.true capy af
this letter af conditional approval and signing both this ariginalletter and the copy on the lines
provided below, said execution indicating that the property owner and applicant haye each
read, understaad and agreed ta the canditians cantained herein, and will implement same.
Upan executian, the true copy with original signatures shall be returned to the Cammunity
Development Department. Failure to return the signed true copy of this document priar to
submittal far building permits ta the Community Develapment Department shall indicate the
praperty awner/applicant's desire that the project, and the corresponding applicatian for
building permits and/or a business license, be held in abeyance withaut approval.
Signature af property owner Date
Signature of Applicant Date
2. Construct the project as described in the application, except as madified herein, ar to
accammadate one or more similar uses, and/or as approved by the Municipal Code.
3. Coaperate in goad faith with ather communicatians campanies in ca-Iocating additianal
antennas an subject property provided said ca-Iacatars have received a special use permit fro
such use at said site from the City. Permittee shall exercise goad faith in co-locating with
ather cammunications companies and sharing the subject property, (provided such shared
use does nat give rise to a substantial technical level or quality af service impairment of the
permitted use as appased to a campetitive conflict ar financial burden). In the event a dispute
arises as to whether permittee has exercised good faith in accammodating ather users, the
City may require a third party technical study at the expense of either or both the permittee
and camplaining user.
4. Comply with the ANSI standards for EMF emissions. If on review the City, in its discretion,
finds that the project does not meet ANSI standards, the City may revoke ar madify this
special use permit.
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5. Ensure that the project does not cause lacalized interference with receptian af area televisian
ar radia braadcasts, ar card less telephones. If an review the City, in its discretian, finds that
the praject interferes with such receptian, the City may revoke ar madify the special use
permit.
6. Camply with the City's Municipal Cade naise standards. If the project daes nat meet the City's
Municipal Cade Naise Standards, the City may revake ar madify the permit. Within three
months of the Building Director's final inspection, the applicant shall submit a report to the
Cammunity Development Director, which provides cumulative field measurements of facility
naises. The repart shall quantify the levels and campare the results with current standards
specified in the Municipal Cade far office uses. Said repart shall be subject to review and
approval by the Cammunity Development Directar far cansistency with the project prapasal
dated March 29, 2000 and Municipal Code noise standards. If on review the City finds that
the project daes not meet the Municipal Code naise standards, the City may revoke or modify
the permit.
7. Camply with all requirements and abtain all necessary permits from the Chula Vista Planning
and Building and Fire Departments. The design of the equipment building and antennas shall
comply with the requirements of the current adopted Uniform Building and Uniform Fire Code
in effect at the time of issuance of any permit. Applicant shall camply with any and all federal,
state, and local laws and safety standards.
8. The applicant shall and does hereby agree ta indemnify, protect, defend, and hald harmless
City, its Cauncil members, afficers, employees, agents and representatives, from and against
all liabilities, lasses, damages, demands, claims, and casts, including caurt casts and attorney
fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from a)City
approval and issuance of this Special Land Use Permit extension, b)City's appraval ar
issuance of any other permit ar actian, whether discretianary or non discretianary, in
connection with the use contemplated herein, and without limitation, any and all liabilities
arising from the operation of the facility. Applicant shall acknowledge their agreement to this
provision by executing a capy of this Special Land Use Permit where indicated below. The
applicant's compliance with this provisian is an express candition af this permit and this
provision shall be binding on any and all afthe applicant's successars and assigns.
EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property awner and the applicant shall execute this document by signing the lines provided
belaw, said executian indicating that the property awner and applicant have each read, understaad, and
agreed to the conditions cantained herein. Upan execution, this document shall be recorded with the County
Recorder's Office of the Caunty of San Diego, and a signed, stamped copy returned to the Community
Develapment Department. Failure to return a signed and stamped copy of this recorded document within ten
days af recardatian to the Community Develapment Department shall indicate the property owner/applicant's
desire that the Project, and the corresponding applicatian far building permits and/ar a business license, be
held in abeyance without approval. Said document shall alsa be an file in the Cammunity Development
Department's files and known as Resolution No_.
Signature of Property Owner/Applicant. Date
Signature of Property Owner/Applicant Date
3-S-
CONSEQUENCES OF FAILURE OF CONDITIONS
If any of the forgaing conditians fail ta accur, or if they are, by their terms to be implemented and
maintained over time, and any af such conditions fail ta be so implemented and maintained according to their
terms, the Redevelopment Agency shall have the right to revoke or modify all approvals herein granted; deny
ar further condition issuance af future building permits; deny, revake, or further condition all certificates of
occupancy issued under the authority of approvals herein granted; institute and prasecute, litigate, or campel
their campliance; ar seek damages far their vialatians. Applicant ar successar in interest gains no vested
rights by the Redeyelopment Agency approval of this Resolution.
INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Redevelopment Agency that its adoption of this Resolutian is dependent upon
the enfarceability af each and every term, provisian, and conditian herein stated; and that in the event that
anyone or mare terms, provisions, or canditiol]s are determined by a Caurt af campetent jurisdictian to be
invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked
and af na further farce and effect ab initio.
PRESENTED BY APPROVED AS TO FORM BY
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~l~~
Chris Salomone Jahn
Director of Community Development Agen
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