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Home My WebLink AboutRDA Packet 2001/05/01 ~{f?. --=-.. - -:;.- :: elN OF CHUlA VISTA TUESDAY. MAY 1. 2001 COUNCIL CHAMBERS 4:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, Padilla, Rindone, Salas; Chair/Mayor Horton CONSENT CALENDAR The staff recommendations regarding the following item!s) listed under the Consent Calendar will be enacted by the Agency/Council by one motion without discussion uniess an Agency/Council member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action items. Items pulled by the public will be the first items of business. 1. AGENCY RESOLUTION 1724 AND COUNCIL RESOLUTION AUTHORIZING THE CITY MANAGER / EXECUTIVE DIRECTOR TO SIGN PETITION PROPOSING THE ESTABLISHMENT OF A DOWNTOWN PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (PBIDI-The proposed PBID is an assessment tool that will allow property and business owners to better manage the Third Avenue Downtown district through a self-imposed annual assessment. The PBID will strengthen Downtown's competitiveness by creating a cleaner, safer and more inviting destination through professional management. The PBID also establishes private sector control and accountability to carry out enhanced services and will help capitalize on the Downtown's new momentum of development represented by Gateway Chula Vista, the new Police facility and Civic Center expansion, and other significant new redevelopment activities. [Community Development Director] STAFF RECOMMENDATION: Redevelopment Agency and City Council adopt the resolution. 2. AGENCY RESOLUTION 1725 AMENDING THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT PROCEDURES MANUAL SECTION III B (RULES AND REGULATIONS FOR THE FILING AND PROCESSING OF PLANS AND PROPOSALS FOR THE REDEVELOPMENT OF THE OTAY VALLEY ROAD PROJECT AREA, MAJOR PROJECTS) TO ADD SUB-PARAGRAPH 3, PRECISE PLAN PROJECTS, AND AMENDING THE OTAY VALLEY ROAD PROJECT AREA IMPLEMENTATION PLAN / DESIGN MANUAL ADDENDUM TO ADD SECTION 5.3(5), ALLOWING FOR THE ADMINISTRATIVE APPROVAL OF DESIGNS AND OWNER PARTICIPATION AGREEMENTS WITHIN AGENCY APPROVED PRECISE PLAN DEVELOPMENTS-In May 1985, the Agency adopted a Projects Procedure Manual and an Implementation Plan / Design Manual Addendum as support documents to the Otay Valley Road Redevelopment Plan. These documents describe the processes the Agency Board should follow and staff should use in processing development plans that are presented. It was meant to be responsive to changing circumstances and to be amended as necessary to facilitate the smooth and efficient processing of proposals. To allow for ample Agency control of the project but facilitate the streamlined processing schedule desired by the developer, the Planning and Community Development Departments request the Agency invoke their authority to delegate certain matters to staff; and therefore, requests that following Design Review, Planning Commission and Agency approval of the Precise Plan, administrative approvals be allowed for the review of each development phase as long as it is consistent with the overall Precise Plan approved for the development. [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, generaliy 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. PUBLIC HEARING: CONSIDERATION OF AN EXTENSION OF AN EXISTING SPECIAL USE PERMIT FOR THE CONTINUATION OF AN AUTO DISMANTLING AND RECYCLING BUSINESS AT 800-834 AND 825 ENERGY WAY-Ecology Auto Wrecking is requesting the continuation of an existing Redevelopment Agency, May 1, 2001 Page 2 Conditional Use Permit for automotive dismantling and the sale of auto parts, and scrap metal collection, compaction, cutting, shredding in preparation for the scrap market, and other related uses. The Agency approved a 13 year extension on 12/8/92, which moved the expiration date of the permit until 2005. On 11/10/00, staff received an application for an extension of this permit until 2025. The Planning and Environmental Manager for the Community Development Department has determined that no new environmental impacts that have not been previously addressed will occur and the project is consistent with the previous environmental review. [Community Development Director] b. AGENCY RESOLUTION 1726 APPROVING THE EXTENSION OF THE SPECIAL USE PERMIT SUPO-01-01 UNTIL DECEMBER 31, 2017 FOR ECOLOGY AUTO WRECKING LOCATED AT 800-834 AND 825 ENERGY WAY AND DIRECTING STAFF TO PROCEED WITH AN EVALUATION OF THE POTENTIAL FOR AL TERNA TE USES FOR PROPERTIES NOW HOUSING AUTO WRECKERS AND RECYCLERS PER THE DIRECTION OF THE ADOPTED FIVE YEAR IMPLEMENTATION PLAN FOR THE OTAY VALLEY ROAD REDEVELOPMENT PLAN STAFF RECOMMENDATION: Redevelopment Agency adopt the resolution. OTHER BUSINESS 4. DIRECTOR'S REPORT(S) 5. CHAIR/MAYOR REPORT(S) 6. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to an adjourned meeting of the Redevelopment Agency on May 8, 2001 at 6:00 p.m., immediately following the City Council meeting in the City Council Chambers. ********* 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 scheduied services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications Devices for the Deaf (TOO) at 1619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, May 1, 2001 Page 3 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM NO.: I MEETING DATE: 05/01100 ITEM TITLE: JOINT RESOLUTION AUTHORIZING THE CITY MANAGER! EXECUTIVE DIRECTOR TO SIGN PETITION PROPOSING THE ESTABLISHMENT OF A DOWNTOWN PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (PBID) 5UBMInED BY: COMMUNITY DEVELOPMENT DIRECTOR '~t6 1 REVIEWED BY: CITY MANAGER ,,01 4/5TH5 VOTE: YESDNOŒ] BACKGROUND City Council octed in July, 1999 to ratify the Proposition 218 election re-outhorizing the existing Town Centre Street lighting ond londscope Mointenance District. Council at that time requested staff to ossess the potential for turning over Town Centre mointenance to the existing Downtown Business Improvement District. During the intervening months, staff hos worked with Progressive Urban Monogement Associates (PUMA) and the Downtown Business Association (DBA) on this issue, and is recommending that the existing Downtown maintenance and business district structure be replaced with a Property-based Business Improvement District (PBID). The PBID would assume management of Downtown maintenance, as well as provide increased economic development and marketing. The proposed PBID is an assessment tool designed to help property and business owners to better manage and revitalize the Third Avenue Downtown district through a self-imposed annual assessment. The PBID will strengthen Downtown's competitiveness by creating a cleaner, safer and more inviting destination through professional management. The PBID also establishes private sector control and accountability to carry out enhanced services and will help capitalize on the Downtown's new momentum of development represented by Gateway Chula Vista, the new Police facility and Civic Center expansion, and other significant new redevelopment activities. RECOMMENDATION Approve the resolution authorizing the City Manager/Executive Director to sign a petition proposing the establishment of a Downtown Property-Based Business Improvement District (PBID). /- I PAGE 2, ITEM NO.: / MEETING DATE: OS/01/00 BOARDS/COMMISSIONS RECOMMENDATION The Downtown Business Association Executive Director has presented the PBID concept to both the TCPAC and to the Economic Development Commission and has received a positive response from both bodies. Although no formal recommendation is necessary for this action, staff will bring the PBID forward to the TCPAC for a formal recommendation (if the property-owner petition drive is successful,{), DISCUSSION The City and Redevelopment Agency are being requested to sign the petition that will lead to the establishment of a Downtown Property-based Business Improvement District. The petition is weighted based on the assessment value of each property owner's parcel(s) within the district. Properties along Third Avenue between E and H Streets will be assessed at a higher rate (and receive enhanced services), while properties nearby will be assessed at a lower rate. The assessment formula includes a base assessment of 7.7 cents per square foot of lot and a lot frontage assessment of $9.35 per lineal foot on Third Avenue and $1.59 per lineal foot off the Avenue and south of H Street. The PBID, if the petition drive is successful, will then be the subject of a Proposition 218 vote of all affected property owners. The petition drive has been organized so that, although both the City/Agency and County will participate and pay into the District, only the votes of private property owners will count toward the 50 percent required signatures for success of the petition drive. This will help ensure that the PBID is truly supported by the majority of the private property owners. The City/Agency signature on the petition is also needed because as major property owners downtown, the City is being asked to commit itself to being assessed along with the private property owners. (The County has also committed to being assessed for the PBID.) The City's projected annual assessment will be approximately $42,000. Since City resources are limited, and in exchange for agreeing to the annual PBID assessment, the City will discontinue its current $50,000 annual direct subsidy to the Downtown Business Association (for salaries, promotions and advertising.) The City will, however, continue to provide all basic public services in Downtown. The adoption of the PBID, if successful, will also involve the dissolution of the existing Town Centre Street lighting and landscape Maintenance District (lLMD) run by the City. landscape maintenance services and frequencies will be increased. Graffiti removal within 24 hours will be provided. The new PBID will assume all landscape maintenance functions currently managed through the City's Open Space Division, with continuing oversight by the City. Staff currently anticipates that the PBID, if adopted, will commence the maintenance of Town Centre on January 1, 2002. The City staff position of Town Gardener currently maintains the lLMD. The City will, at the time the PBID comes into effect, discontinue the existing private contractor's landscape maintenance contract for the Bayfront Trolley Station/Visitor Information Center (BFT/VIC) and have the Town Gardener begin maintaining that site. The Town Gardener will continue to work full time on City projects and will not lose their job with the City if the PBID is successful. 1- ~ PAGE 3, ITEM NO.: I MEETING DATE: 05/01 /00 DescriDtion of Pro Dosed PBID There are several reasons why now may be the right time to form a private sector property-based business improvement district (PBID) in downtown: + The PBID is an Investment With Direct Benefits. More than 1,200 PBIDs have been formed in business districts throughout North America and are acknowledged as a critical ingredient in downtown revitalization. PBIDs are proven to work by funding improvements and activities that improve the overall viability of a downtown - success is measured by higher occupancies, new businesses, increased sales and property values. local cities that are successfully using PBIDs to help revitalize their downtowns include San Diego and EI Cajon. + Strengthen Downtown's Competitiveness in the Regional Marketplace. While the greater South Bay economy is rapidly growing, downtown Chula Vista experiences more than its share of vacancies. The PBID will support a results-oriented set of programs that will produce immediate tangible improvements. These improvements and services will help accelerate efforts to attract new businesses and investment to downtown. + Create a Unified Voice for Downtown. A Downtown Chula Vista PBID will broaden the foundation for developing a viable and unified private sector voice for downtown. One unified management entity with reliable resources will increase the downtown business community's collective voice and will help create a positive environment to work effectively with the City, County and other civic partners. + Establish Private Sector Control and Accountability. A Downtown Chula Vista PBID will be governed by an advisory board consisting of property and business owners. Annual BID improvements, activities and budgets will be developed by the advisory board, ensuring that the BID will be directly accountable to those who pay. New programs, including privatization of the City's existing landscaping and lighting district, will be subject to private sector performance standards and controls. (The City's precise administrative and oversight role will be determined in an Agreement or Memorandum of Understanding once the petition drive is successful.) + Flexibility for the Future. A PBID is a flexible tool, allowing for the reallocation of resources to meet new demands as downtown evolves. As downtown's destinations are developed and mature, today's priorities might shift. A PBID, under the direction of its property and business owner advisory board, can change with the times. The International Downtown Association estimates that more than 1,200 property-based business improvement districts (PBID) currently operate throughout the United States and Canada. A PBID provides enhanced improvements and activities, such as maintenance and marketing, in addition to those provided by local government. PBJDs are proven to work by providing services that improve the overall viability of business districts -- resulting in higher property values and sales. (--3 PAGE 4, ITEM NO.: I MEETING DATE: 05/01/00 The Downtown Chula Vista PBID is being formed pursuant to the "Property and Business Improvement District Law of 1994", which became effective on January 1, 1995, ushering in a new generation of PBIDs in California by allowing a greater range of services and independence from government. This law includes provisions that: + Allow PBIDs to undertake activities ranging from security to maintenance, marketing to capital improvements, economic development to special events. + Allow revenue for improvements and activities to be raised from assessments on property. + Require petition support from private property owners paying more than 50% of proposed private property assessments to form a BID. + Require the ratification of a PBID through administration of a Proposition 218 vote representing more than 50% of proposed private property assessments. + Require formation of a property and business owner advisory board to supervise BID operations and submit a yearly service plan. + Provide up to a 5-year life for a BID and requires a new petition process to renew a district. To investigate the feasibility of establishing the Downtown Chula Vista PBID, a study area was initially defined with the aide of a property and business owner Steering Committee. Following a series of property owner focus groups and surveys, these boundaries have been refined for the recommended PBID. The proposed PBID service area generally encompassed the Third Avenue commercial corridor within the following boundaries (see attached map for precise boundaries): . E Street to the north; . landis Avenue to the west; . Church Avenue to the east; and . I Street to the south. As determined by area property and business owners, the top priorities for improvements and activities within the Downtown Chula Vista PBID boundary include: + Economic development, marketing and parking management activities to convey a positive business image and attract new businesses, iobs and investment. + District-wide maintenance, including graffiti removal, periodic sidewalk power washing and litter removal. + Third Avenue enhanced maintenance, privatizing the City's existing landscape maintenance district that takes care of landscaping, sidewalk power washing, litter removal and lighting. (- <I PAGE 5, ITEM NO.: I MEETING DATE: OS/01/00 The summary of the proposed 2002 operating budget for the Downtown Chula Vista PBID is provided below. The total improvement and activity plan budget for 2002 is projected at $321,800 with the following components: IMPROVEMENTS & ACTIVITIES TOTAL BUDGET % OF TOTAL Economic Development, Marketing $167,188 52.0% & Parking Manaqement Maintenance: District-Wide 31,000 9.6% Maintenance: Third Ave. Enhanced 39,900 12.4% PBID Operations 68,388 21.3% PBID Reserve 15,324 4.8% TOTAL $321,800 100.0% Both the City of Chula Vista and the County of San Diego are prepared to support the proposed PBID by agreeing to be assessed along with other downtown property owners. The City of Chula Vista's initial annual assessment will be approximately $42,000. The existing downtown BID has agreed to relinquish it's current operating subsidy of approximately $50,000 from the City. (This subsidy is the subject of annual budget negotiations and has been pegged at $50,000 for the past two fiscal years.) Next Steps If the petition process is successful and property owners representing over 50 percent of the assessments to be paid indicate their support, the City Council will then hold a series of public hearings to form the PBID and ratify the Advisory Board and management organization to implement the PBID. The timetable for further action is expected to include: . May 18 - Submittal of the Downtown PBID Final Engineer's Report . May 31 - Completion of PBID Petition Drive . June 5 - Council Action to Adopt Resolution of Intention . June 8 - Mail-out of PBID Ballots to Property Owners . July 24 - Council Hearing to Tabulate Ballots and Form Assessment District Pursuant to State law, a PBID Advisory Board will need to be created and is proposed to consist of 7 to 9 members representing property and business owners and appointed by the City Council for two to three year staggered terms. The management organization is also proposed to remain the non-profit Downtown Business Association. This management arrangement is by far the most widely used in downtowns throughout the nation. (Other options were considered, including a property-owner management entity separate from the business owners. However, after extensive discussion, it was felt that a unified voice coordinated through a single organization would be more effective.) The specifics of the management of the district and the City's role in administering the District and providing oversight will be the sub;ect of addifional Agreements and/or a Memorandum of Undersfanding with the PBID and will be determined once the petition drive is successful. 1- S PAGE 6, ITEM NO.: I MEETING DATE: 05/01 /00 The existing Downtown Improvement District will be retained and proceeds from the assessment collected with downtown business licenses (approximately $22,000 annually) will be used to support special events and retail promotions, activities that will not be financed directly by the proposed PBID. FISCAL IMPACT Upon final ratification of the Property-based Business Improvement District, the City and Redevelopment Agency will be assessed for properties owned within the boundaries of the District (beginning in January 2002.) The initial annual assessment is estimated to be approximately $42,000 (split between City-owned properties with an assessment of approximately $27,000 and Redevelopment Agency-owned properties with an assessment of approximately $15,000. It is proposed that the Redevelopment Agency will also pay the City's assessment. As a result, the Agency would no longer directly subsidize the Downtown Business Association (DBA). The current annual subsidy includes $20,000 for the Town Manager's salary; $15,000 for downtown promotions; and $15,000 for downtown advertising. These items will now be the direct responsibility of the PBID. The net effect is a reduction of approximately $8,000 annually in direct Redevelopment Agency subsidies for downtown activities. The PBID, through it's Advisory Board, may increase its annual assessment by the Consumer Price Index or 5 percent, whichever is less. ATTACHMENTS PBJD Petitions (City and Redevelopment Agency) PBID Boundary Map PBJD Flyer j,\COMMDEV\STAFF.REP\OS-O1-01 \pbidpet¡t¡oncounc;l.doc 1- ~ AGENCY RESOLUTION NO. AND COUNCIL RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER/EXECUTIVE DIRECTOR TO SIGN PETITION PROPOSING THE ESTABLISHMENT OF A DOWNTOWN PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (PBID) WHEREAS, the State of California autharlzed the creatian of Property-based Business Improvement Districts in 1994 in order to provide better business district management toals for revitalization; and WHEREAS, over 1,200 Property-based Business Improvement Districts have been established natian-wide, including several within San Diego Caunty, which have proven to be instrumental in the renaissance of older central business districts similar to Third Avenue in Chula Vista; and WHEREAS, the City of Chula Vista Redevelopment Agency has an active redevelopment program through it's Town Centre Redevelopment Project Area which is significantly enhancing the viability of the Third Avenue business district through new development projects and the implementation of a storefront renovation grant program; and WHEREAS, the City has recently completed the preparation af a Dawntown Recruitment Strategic Plan which strongly recammends the adoption of a Property-based Business Improvement District as an essential toal for Third Avenue's revitalization and recruitment efforts; and WHEREAS, the City of Chula Vista and the City of Chula Vista Redevelopment Agency support the dissolution af the existing Town Centre Lighting and Landscape Maintenance District with successful implementation of the Property-Based Business Improvement District; and WHEREAS, the City af Chula Vista Redevelopment Agency will commit to paying the assessment on properties owned both by the Agency and by the City of Chula Vista; and WHEREAS, the City af Chula Vista and the City of Chula Vista Redevelopment Agency support the Property-based Business Improvement District concept and pledge to participate as downtown-property owners through paying the annual assessment associated with City and Redevelopment Agency-owned properties; and NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby Authorize the City Manager/Executive Director to Sign Petition Establishing a Downtown Property-Based Business Improvement District (PBID). presQ: ~ Chris Salomone Director of Community Development J: \COM M DEVIR ESOS\PBI DJOI NTRESO. d DC 1- 7 PETITION TO THE CHULA VISTA CITY COUNCIL TO ESTABLISH A PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR DOWNTOWN CHULA VISTA We petition you to initiate special assessment proceedings to establish a Property and Business Improvement District in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Sections 36600 et seq., for the purpose of undertaking and implementing the management district plan attached hereto as Exhibit A. APN Address LeQal Owner 5680712100 232 Church Av City Of Chula Vista Redevelopment Agency 5680712200 City Of Chula Vista Redevelopment Agency 5681520200 281 Landis Av City Of Chula Vista Redevelopment Agency 5681520300 285 Landis Av City Of Chula Vista Redevelopment Agency 56B1522900 311 F St City Of Chula Vista Redevelopment Agency 5681620800 281 Church Av City Of Chula Vista Redevelopment Agency 5681620900 2B7 Church Av City Of Chula Vista Redevelopment Agency 5683004400 360 Third Av City Of Chula Vista Redevelopment Agency 56B3340500 288 Center St City Of Chula Vista Redevelopment Agency 5683340600 336 Church Av City Of Chula Vista Redevelopment Agency 5683340700 338 Church Av City Of Chula Vista Redevelopment Agency 5683340800 342 Church Av City Of Chula Vista Redevelopment Agency 5683510400 354 Church Av City Of Chula Vista Redevelopment Agency 5683510500 354 Church Av City Of Chula Vista Redevelopment Agency 5684503900 496 Third Av City Of Chula Vista Redevelopment Agency 56B45O41O0 321 H St City Of Chula Vista Redevelopment Agency 5684504200 327 H St City Of Chula Vista Redevelopment Agency 5684504500 329 H St City Of Chula Vista Redevelopment Agency Owner Name (printed) Co-Owner Name (printed) Owner Signature Date Co-Owner Signature Date 1- ? PETITION TO THE CHULA VISTA CITY COUNCIL TO ESTABLISH A PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR DOWNTOWN CHULA VISTA We petition you to initiate special assessment proceedings to establish a Property and Business Improvement District in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Sections 36600 et seq., for the purpose of undertaking and implementing the management district plan attached hereto as Exhibit A. APN Address LeQal Owner 5680440200 City Of Chula Vista 5680440900 City Of Chula Vista 5680441000 City Of Chula Vista 5680441100 City Of Chula Vista 5680711800 City Of Chula Vista 5680711900 City Of Chula Vista 5681520100 City Of Chula Vista 5681522300 City Of Chula Vista 5681522400 City Of Chula Vista 5681522500 City Of Chula Vista 5681522600 City Of Chula Vista 5681522700 City Of Chula Vista 5681612500 City Of Chula Vista 5682702900 340 F St City Of Chula Vista 5683331100 270 F St City Of Chula Vista 5683500200 City Of Chula Vista 5683500300 City Of Chula Vista Owner Name (printed) Co-Owner Name (printed) Owner Signature Date Co-Owner Signature Date /- q ,oœ'",,",".~ ..~ 009 009 OOÞ oœ 0 00 e¡s!A eln,,~ UM .:»"'.510 .ua O.UMOO we¡SÁs u O\ewJOjUl '!4<1",6- . W8AO.ldW VlSIA VlnH) peseø-~edoJ I SSeU!Snø :10 AID ~ d UMO¡UMOa ~)~ )..5\ SlaOJed CJ ÁJepuno8 Ol8d N aP!M-I"!JSIO paoue4u CJ 3 anua^\f PJ!41 - Gl8d pue6el CHULA VfSTA DOWNrOWN D-ISTRICT MPROVEMENT BAS E D BUS I N E S S I ~~tWN~N# PRO PER T Y ~ ~ Ibr ø M~ 4 ~ f/n/~ BID FORMATION PROCESS Dear Neighbor: 50 downtown More than rt and Chula Vista pro~~a~e been We represent a growing coatition of dOWIltown Property business ?wn~;x month involved In d~velop a Manage- and business OWners that SUpport the creation of a propertY-based process to f the Downtown business-improvement district (PBID) in doWIltown Chula Vista. A PBID ment Plan orBID Key steps provides for an assessment on property for downtoWII improvements and Chula Vista P 'h' h was led services. PBID services enhance, and do not replace, basic City services. h process w IC Funds raised by a PBID are governed by property and business owners, of t e. llÝ recognized by a nati°t":eam included: ensuring accOuntabitity and Control by those who pay. consultan , D Steering Committee: This economic development and management tool has been used 1 PBI 'd the process and successfully by doWMoWII business communities in more than 1,200 North T? gUl e ulse of downtown, American cities-including San Diego and El Cajon-resulting in higher momtor th~ p PBID Steering sales, lower vacancies and increased property values. a 12-mem er d 'ttee was forme. Comml One On-One Meetings: We feel that the PBID is an investment that will visibly improve 2 - f th PBID dOWIltoWII Chula Vista. Now is the right time to form the PBID to: Members o. e d the . CommIttee an . Strengthen downtowns r:ompetitiveness by creating a deaner; Steenng ld one-on-one cons~ltant ~~ roperty owners safer and more inviting destination; meetings W1~ tt the PBID . Capitalize on downtowns new momentum r:reated by an influx from throug 0 of new businesses and investors; study area. d Business . Establish Private ser:tor r:ontrol and ar:r:ountability to r:arry out 3 Property an . r Focus Groups. enhanr:ed servir:es. Owne d business owners Property af~cus groups to A PBID is formed only after downtown property owners representing a attended h PBID concept introduce t. e their appetite mqjority of assessments to be Paid sign petitions and then submit them to and determme ort a the City CounciL Please sign the PBID petition and join us in this exciting to finanClally suPV' ta PBID. initiative for downtown Chura Vista. Downtown Ch~la 1S S' 26 Direct Mall Survey, leted Sincerely, 4 rt owners comp . prope y rveys suggesting Downtown Chula Vista PBlD Steering Committee and returned sU PBID services. priorities for new t David and Penny Rossi 422-2711 GLoria Trumble 278-5729 5 Draft PBlDd Man~g:h~~~put Jon MiUer 426-9161 Jim Piere 972-5305 Plan: Base uPodirect mail Tom Money 422-0177 Beckey Smizer 291-2435 from focus groups, -one meet- David MCClurg 498-1660 The City of Chula Vista 691-5047 nd one-on t Stella Sutton 427-6476 surveys a ft PBID Managemen ings, a dra ented to PBID Plan was pres 'ttee for initial Steering Comml For more information Contact Jack Blakely at 619-422-1982. review. k h ps' Plan Review Wor so. 6In late Februa.ry 2001, rty and business prope ttended workshops owner? a the draft plan and ( / to reV1e~ l revisions. ( suggest na QUESTIONS & ANSWERS What Is a PBID? How much will it cost? A A PBID is a special district that allows for a property A PBID assessments will be based UDon a .assessment to finance supplemental services and .combination of the lot square footage and linear improvements. California has had state enabling legis- lot frontage of properties within the district. Utilizing lation to form PBIDs since 1994. PBIDs are common in a cost allocation approach, the resulting first year downtowns throughout the nation and have proven to assessments are projected as follows: be an integral part of revitalization efforts in a variety P."q.ft.oflotip.,ft.ofl"front.go of downtowns, including San Diego and El Cajon. P"pom" At"g Th;n! A..n",. hotw... E .nd H St"o" 7.7 <on" I S9.3S AU Oth., Propom" ;n tho o;,trict 7.7 <on" S1.Sg I already Day taxes! Why SUDDort a PBID? A While we all pay taxes, these funds are used for Adjustments are provided for vacant unimproved land . priorities all over the City, not just downtown. By and residential properties with 4 units or less. state statute, funds raised by a PBID must be used in the area that they are collected, PBID supported services Will they raise my PBID assessments later on? must supplement, not replace existing City services, and PBID budget decisions are made by property and A The PBID business plan allows for future budgets business owners, ensuring a mgh degree of accountability. .to rise along with the Consumer Price Index, or 5%, whichever is less. This decision will be made annually by the PBID Advisory Board. What are PBID funds going to pay for? A Based upon input from more than 50 downtown How will the PBID affect other scecial districts . property and business owners, a management plan that currently exist in Downtown? has been developed to guide the provision of PBID services. A majority of the PBID budget will initially A The City's existing Third Avenue Landscaping focus on activities designed to improve the overall .and Lighting District will be dissolved and business image of downtown, including recruiting new maintenance activities will be undertaken by the new businesses, marketing downtown as a destination and PBID. The existing business-license business improve- improving parking management. About a quarter of ment area will be retained to support special events the budget will be allocated to maintenance, including and promotions and it is recommended that the PBID district-wide graffiti removal. sidewalk power washing, advisory board advise the Downtown Parking District litter removal and privatization of the City's Landscaping on parking management issues. and Lighting district on Third Avenue. The remainder of the budget is allocated to PBID operations and a reserve. Will the City and tax-exempt owners be asked Who will manaae the PBID Droarams? to Day assessments? A A 7 to 9 member board of property and business A Yes, government and tax-exempt property owners .owners will serve as the PBID Advisory Board, .are compelled by state law to pay assessments. making recommendations to the City Council on annual budgets and assessment rates. It is proposed that day- Will the PBID last forever? to-day PBID services be carried out by the Chula Vista Downtown Business Association, an existing non-profit A No.The PBID Business Plan provides a five year business organization. .life for the PBID, the maximum permitted under state law. After five years, a new management plan be developed and the petition process will need to Will the City reduce Its existina downtown services? be repeated. A No! The City of Chula Vista has developed an .inventory of existing City services and a commit- ment to continue to provide services at existing levels. 1-/2... DOWNTOWN CHULA VISTA PBID OPERATING BUDGET: YEAR 1 Economic Development, Marketing & Parking Management $ 167,188 52.0% Maintenance: District-Wide 31,000 9.6% Maintenance: Third Avenue Enhanced 39,900 12.4% PBID Operations 68,388 21.3% PBID Reserve 15,324 4.8% TOTAL $ 321,800 100.0% PBID IMPROVEMENTS AND ACTIVITIES The fuUowing improvements and activities . Communications, including publi- PBID MAINTENANCE ACTIVITIES are examples of programs that can be cation of a periodic newsletter and WILL INCLUDE: supported by PBID assessments. Final creation of a downtown web site. District-Wide Maintenance budgets will be determined by the PBID . PBID ratepayer surveys to measure All properties within the PBID Advisory Board. overall satisfaction with programs. will receive the following services: ECONOMIC DEVELOPMENT . Media relations activities to project . Graffiti removal with a goal of a positive business image in local. 24-hour response upon report. . Design and production of investor regional and national media. . Bi-annual power washing of all marketing packages to assist real . Other image enhancement and sidewalks within the PBID. estate brokers and property owners marketing activities. . Weekly litter removal. in business recruitment efforts. . Creation and maintenance of a PARKING MANAGEMENT . Cleaning after special events. downtown database with a variety . Creation of a parking database to Third Avenue Enhanced Maintenance of downtown market and real identify parking resources for new In addition to the preceding services, estate information. or expanding businesses. properties along Third Avenue south . Counseling, financing referrals and . Research on options to expand of E Street and north of H Street will business support to start locally- and/or better manage downtown's receive the following enhanced owned independent businesses. parking supply. maintenance services: . Trouble-shooting and permitting . Creation of free parking days, a . Power washing of sidewalks an liaison services to assist property parking meter token program or additional 4 times per year. and business owners to invest in other methods for marketing . Daily landscaping maintenance downtown. parking along with special events and litter removal. . Other business retention and and seasonal promotions. . Electricity for enhanced lighting recruitment activites. . Other parking management activities. and irrigation for landscaping. MARKETING . Target:d advertising and image WHO WILL GUIDE THE PBID? campaIgns. . Publication and wide distribution Policies, budgets, assessments and annual operating plans will be developed of the Downtown Map and Directory. and monitored by a PBID Advisory Board. A 7 to 9 member Advisory Board . Seasonal banners and decorations. will be formed, including the following representation: . Supplemental security and/or . Third Avenue corridor, within the enhanced maintenance area; "ambassadors" to create a safer and . Third Avenue corridor, outside of the enhanced maintenance area; more inviting downtown . Church Avenue and/or Landis Avenue corridors. environment. Business segments that could be represented include: . Market research to identify and . Professional Office . Church . Government better serve consumer markets. . Retail -/3 . Restaurant . Vacant Land DOWNTOWN CHULA VISTA PROPERTy-BASED BID > ;. REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: d- MEETING DATE: 05/01/01 ITEM TITLE: RESOLUTION OF THE REDEVELOPMENT AGENCY OF CHULA VISTA AMENDING THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT PROCEDURES MANUAL SECTION III B (RULES AND REGULATIONS FOR THE FILING AND PROCESSING OF PLANS AND PROPOSALS FOR THE REDEVELOPMENT OF THE OTAY VALLEY ROAD PROJECT AREA, MAJOR PROJECTS) TO ADD SUB-PARAGRAPH 3, PRECISE PLAN PROJECTS, AND AMENDING THE OTAY VALLEY ROAD PROJECT AREA IMPLEMENTATION PLAN/DESIGN MANUAL ADDENDUM TO ADD SECTION 5.3(5), ALLOWING FOR THE ADMINISTRATIVE APPROVAL OF DESIGNS AND OWNER PARTICIPATION AGREEMENTS WITHIN AGENCY APPROVED PRECISE PLAN DEVELOPMENTS SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR W:t-~ ~ " REVIEWED BY: EXECUTIVE DIRECTORWt íJíV 4/5THs VOTE: YES DNO~ BACKGROUND In May, 1985, the Redevelopment Agency adopted a Projects Procedure Manual and an Implementation Plan/Design Manual Addendum as support documents to the Otay Valley Road Redevelopment Plan. These documents describe the processes the Agency Board should follow and staff should use in processing development plans that are presented. It was meant to be responsive to changing circumstances and to be amended as necessary to facilitate the smooth and efficient processing of proposals. late in 2000, landbank, Inc. - the property owner of a formerly contaminated set of parcels totaling approximately 40 acres - approached the Agency to discuss processing of a light manufacturing industrial park on the site. Development constraints included set backs and height restrictions caused by the topography of the site, use constraints in some areas imposed by environmental monitoring requirements, and an aggressive processing schedule desired by the developer to make the project financially feasible. Staff in the Planning Department, in conjunction with Community Development, determined that a Precise Plan would allow the development to go forward despite the set back and height restrictions imposed by the current zoning. The intent of a Precise Plan is to allow diversification in the spatial relationship of land uses, density, buildings, structure, landscaping and open spaces, as well as design review of architecture and signs through the adoption of specific criteria as approved. The Precise Plan would be created by the developer and include a re-mapping of d - ( PAGE 2, ITEM NO.: d- MEETING DATE: 05/01101 the project, the layout of buildings, traffic circulation, the anticipated uses, and design, construction and landscaping guidelines for the entire site. The Precise Plan allows the flexibility to accommodate the construction of the various types of buildings and uses required in a multi- parcel industrial park. To allow for ample Agency control of the project but facilitate the streamlined processing schedule desired by the developer, the Planning and Community Development Departments request the Agency invoke their authority to delegate certain matters to staff. Staff is therefore requesting that following Design Review, Planning Commission and Agency approval of the Precise Plan, administrative approvals be allowed for the review of each development phase as long as it is consistent with the overall Precise Plan approved for the development. Staff is also requesting that following Agency approval of a Master Owner Participation Agreement (OPA) on the project, administrative approvals be allowed for individual OPA's upon transfer of the land from the developer to individual businesses. As under the Precise Plan, the administrative approval of an individual OPA would only be given if the OPA conditions are consistent with those previously adopted by the Agency in the Master OPA. Any Project components requiring Conditional or Special Use Permits and the related OPA's would be presented to the Agency board for consideration. RECOMMENDATION It is recommended the Agency adopt the resolution, amending the Otay Valley Road Redevelopment Project Manual Section III B (Rules and Regulations for the Filing and Processing of Plans and Proposals for the Redevelopment of the Otay Valley Road Project Area, Major Projects) to add sub-paragraph 3, Precise Plan Projects, and the Otay Valley Road Redevelopment Project Area Implementation Plan/Design Manual Addendum, allowing administrative approval of designs and owner participation agreements within Agency approved Precise Plan developments. BOARDS/COMMISSIONS RECOMMENDATION Planning Commission unanimously recommended that the Agency adopt the resolution at its meeting of April 25, 2001. DISCUSSION In many cases the blighting constraints of the Otay Valley Road Redevelopment Project Area lend to their planning by Precise Plans. A Precise Plans is a planning tool allowed by the City zoning code intended for larger scale developments consisting either of multiple parcels being united and/or reconfigured, or on a parcel with multiple party ownership and is intended to provide flexibility from the strict interpretation of development standards. A Precise Plan can overcome development constraints common in the Otay Valley Road proiect area, such as difficult .;)-d- PAGE 3, ITEM NO.: :l MEETING DATE: 05/01/01 topography, poor prior planning practices, environmental constraints or the need to unify and re- map parcels for modern development design. The landbank parcel, formerly known both as Omar Rendering and Darling Delaware, is an example of a project benefiting from a Precise Plan. Because of significant changes of grade on the site, building height restrictions and required set backs of the IL (light industrial) General Plan designation make industrial development unfeasible. Construction opportunities within the current zoning are limited by existing development standards. The flexibility of the Precise Plan will allow parcels with limited development potential to be developed for higher and better uses, because the Precise Plan will supercede the zoning designation of the site. While the needs of the landbank site and developer have driven staffs' research and problem- solving approach in this matter, the amended procedures for reviews and approvals in the Otay Valley Road project area would extend beyond this specific project. Other developments may use a similar process. Currently, the only other Otay Valley Road project intended for development as a Precise Plan project is Phase II of the Auto Park. This amendment would not affect its review process, since auto dealers are a conditional use in the Il zone and, under the amendment, Special Use Permits are required to return for public review before the Agency. However, future projects unknown at this time may qualify for the streamlined phase approval process the amendment would allow. Additionally, staff will explore the applicability of this approach for other redevelopment project areas. Staff believes a streamlined approach to the entitlement and OPA approval process is justified in some instances. Where the Design Review Committee, Planning Commission and Agency have thoroughly reviewed and approved a Precise Plan, it is redundant to return with minor reviews that are consistent with mirror prior official action. By allowing a more efficient approach, both staff and official time can be saved, as well as developers' expense. Both the Procedures Manual and the Implementation Plan/Design Manual of the Redevelopment Plan states and imply that revision to the review process to streamline approvals in the interest of the public and developer needs is desirable. Because all CEQA requirements and environmental reviews will be completed in the Precise Plan process, the Planning and Environmental Manager for the Community Development Department has determined that no new environmental impacts that have not been previously addressed will occur. FISCAL IMPACT The approval of the resolution should result in a more efficient and streamlined development approval process for larger multi-parcel development in the Otay Valley Road Project Area that, in turn, should result in these potential developments being more financially feasible for redevelopment and save staff time. c2-3 PAGE 4, ITEM NO.: ,2 MEETING DATE: 05/01 /01 ATTACHMENTS Otay Valley Road Redevelopment Project Procedures Manual Otay Valley Road Redevelopment Project Area Implementation Plan/Design Manual Addendum Map of Otay Valley Road Project Area J:\COMMDEV\STAFF.REP\OS-Ol-Ol\OYR PROCEDURES MANUAL-R&S.doc c2-c/ RESOLUTION NO. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMEND THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT PROCEDURES MANUAL SECTION III B (RULES AND REGULATIONS FOR THE FILING AND PROCESSING OF PLANS AND PROPOSALS FOR THE REDEVELOPMENT OF THE OTAY VALLEY ROAD PROJECT AREA, MAJOR PROJECTS) TO ADD SUB- PARAGRAPH 3, PRECISE PLAN PROJECTS AND AMEND THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA IMPLEMENTATION PLAN/DESIGN MANUAL ADDENDUM, BY ADDING SECTION 5.3(5), ALLOWING FOR THE ADMINISTRATIVE APPROVAL OF DESIGNS AND OWNER PARTICIPATION AGREEMENTS WITHIN AGENCY APPROVED PRECISE PLAN DEVELOPMENTS WHEREAS, the Otay Valley Road Redevelopment Project Procedures Manual is a supportive dacument to the Otay Valley Road Redevelopment Plan; and WHEREAS, the Procedures Manual allows for revisions and amendments to keep it responsive to the changing pravisians and requirements af the Redevelopment Plan and Implementation PlanlDesign Manual, as well as respansive to the public and the needs of developers and property awners in the Project Area; and WHEREAS, the use of a Precise Plan/Master Owner Participatian Agreement process for larger scale developments made up af multiple parcels and/or multiple ownership allows for greater responsiveness ta the public interest and needs of the developers and property awners; and WHEREAS, development projects consisting of multiple parcels and/or multiple property owners are important to the eliminatian of blight in the Otay Valley Road Redevelopment Praject Area; and WHEREAS, the Otay Valley Raad Redevelapment Plan works to lessen the impacts of blighting conditians, including the lack of incentives to improve or re-habilitate unproductive land and to carrect past detriments to development caused by faulty planning; WHEREAS, the Planning and Environmental Manager of the Cammunity Development Department has determined that na new environmental impacts that have not been previously addressed will occur; NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City af Chula Vista recommends that the Redevelopment Agency of the City of Chula Vista amend The Otay Valley Road Project Procedures Manual, Section III B, by adding sub-paragraph 3: "Precise Plan Projects", and amend the Otay Valley Raad Redevelopment Project Area Implementation PlanlDesign Manual Addendum, by adding Section 5.33(5), as follows: Precise Plan Proiects: All projects deemed to require a Precise Plan must be presented to the Redevelopment Agency for consideration. Once the Design Review Committee's and the Planning Commission's recommendation have been established, the proposal shall be placed on the next available Redevelopment Agency agenda. The standards within the Precise Plan shall serve as the zoning and design guidelines of the praject and shall be consistent with the General Plan. The Redevelopment Agency shall approve, conditionally approve, or deny the Precise Plan through a Master Owner Participation Agreement (Appendix E). Thereafter, as phases of a Precise Plan project are ¿¿-s- submitted to the Planning Department and the Redevelopment Agency for review, Design Review appraval and Phase OPA approval shall be granted administratively at the staff level, based on the following canditians: 1) that the Phase plan be consistent with the Precise Plan approved in the Master Owner Participation Agreement by the Redevelopment Agency: and 2) that no conditional or special use permit is required; such permits shall be processed in accordance with standard City policies and procedures; and BE IT FURTHER RESOLVED that the Redevelopment Agency of the City of Chula Vista authorizes staff ta make minor amendments to the text to integrate these pravisions into the Procedures and Design manuals in final forms approved by the Agency Attorney. PRESENTED BY APPROVED AS TO FORM BY ~~L~ Chris Salomone Director of Community Development H:IHOMEICOMMDEVIRESOSIRESO -AGENCY DOWNTOWN PBIO.doc d-G ATTACHMENT 1 DrAY VAllEY ROAD RE~EVEloPMENT PROJECT PROCEDURES MANUAL c2 - Î CONïENTS Page I Introduction 1 I I Goals, Objectives and Policy 1 III Rules for Applications A. Pre-submittal Conference 2 B. Special Permit for Land Use C. Major Projects - Valuation oyer $10,000 2 O. Minor Proposals - Valuation under $10,000 4 E. General 4 IV. Special Rules and Procedures A. Property Mergers 5 B. Des i gn Reyi ew Committee 5 C. Amendment of Procedures Manual 6 IV Conclusion 6 Appendix A Special land Use Permit Application A-l Appendix B Design Reyiew App1 ication B-1 Appendix C Disclosure Statement C-1 Appendix 0 DTV Design Submittal Requirements 0-1 Appendix E Owner Participation Agreement (Sample) E-l d-~ T:E PROCEDURES OF THE OTAY VALLEY REDEVELOPMENT PROJECT 1. INTRODUCTION The rules, regulations and time limitations embodied in this Procedures Manua 1 a r:: desi gned to effectuate the Otay Va 11 ey Redevelopment Pl an, and thereby promote expedi ti ous process i ng of pl ans and proposals through the Project .a.r::a Committee, the Design Review Committee and the Redevelopment Agency. IT SHOULD BE NOTED THAT THESE GENERAL PROCEDURES APPLY TO THE PROCESSING OF ARCHIïECTURAL DESIGN (INCLUDING SIGNS, REPAINTINGS, ETC.), SITE PLAN, AND SPECiAL LAND USE PERMIT PROPOSALS ONLY, AND SHOULD UOT BE CONSIDERED AS AN APPLICATION NOR,APPRDVAl FOR GRADING, SEWER, OR OTHER PERMITS WHICH FALL WIT~iN THE PURVIEW OF THE CITY LINE DEPARTMENTS. FURTHERMORE, THESE PROCEDURES DO NOT SUPERSEDE OR AMEND THE SUBDIVISION, BUILDING, SAFETY, FIRE REGULATIONS OF THE CITY OF CHULA VISTA. II. GOALS, OBJECTIVES, AND STATEMENTS OF POLICY A. Goals The orderly implementation or the Otay Valley Redev::lopment Plan and Implementation Plan/Design Manual, and the efficient, expedi ti ous processi ng of public and private plans and p roposa 1 s for the reåevelopment of the Project Area are the Goals of this Procedures Man~a 1. B. Obj e:ti yes 1. The esta~ishment of rules, regulations and guidelines for the submittal of plans and proposals to the City of Chula Vista, the Redeyelopment Agency, Otay Valley Project Area Committee, and the Design Review Committee; 2. The establishment of rules, regulations, and procedures for the processing of redevelopment project plans and proposal s by the City of Chul a Vista, the Redeyelopment Agency, Otay Valley Project Area Committee and the Design Review Committee and; 3. The establ i shment of an expedi ti ous procedure for the amendment of the Procedures Manual. - 1 - é) - 9 C. Statements of Policy 1. The Procedures Manual of the City of Chula Vista Otay Valley Project shall procedurally govern all proposal sand pl ans for the deyelopment, redevelopment, rehabilitation, and conservation of the Project Area. 2. The Procedures Manual is a supporti ye pl an for the Chul a Vi sta Otay Vall ey Redevelopment Pl an, and shall be regarded as subservi ent thereto. 3. . Where confl i cts between the provi si ons of the Procedures Manual and the provisions of other procedural rules and regulations of the City of Chula Vista arise, the former shall take precedence. 4. The Chula Vista Otay Valley Project Area Committee, at any time, may recommend amendments to the Procedures Manual to the Redevelopment Agency. III. RULES AND REGULATIONS FOR THE FILING AND PRDCESS I NG OF PLANS A)m PROPOSALS FOR THE REDEVELOPMENT OF THE OTAY VALLEY PROJECT AREA A. PRESUBMITTAL CONFERENCE At the earl i est possi bl e date, the appl icant shoul d contact the Community Deyelopment Department to schedul e a meeting with the Planning, Engineering and Communi ty Deyelopment Departme"t representatiyes to discuss the land use and design aspects of their proposed project. (Preliminary drawings are helpful at this time and are suggested.) This meeting is informal and designed to assist -che applicant with the Redeyelopment process and its importance is stressed. In addition, the appl i cant will be referred to the Environme"tal Reyiew Coordinator for determi nati on of processi ng under :'ne Ca 1 iforni a Enyi ronmenta 1 Qual ity Act of 1970 as amended. B. MAJOR PROJECTS (Projects Requiring an (),.¡ner Participation Agreement) Applicants of eyery MAJOR public and private project proposed within the Otay Valley Proj ec t area shall submi t site plans, buil ding eleyations, floor plans, 1 andscape pl ans, and sign plans of thei.r proposed deyelopment with a completed appl i cati on form (Appendix B) to the Planning Department. Drawi ngs submitted shall con-cain sufficient information to establish the functional 1 and use, basic design and landscape concept, materials, architectural features, signing, and exterior c~ors of the proposal. The project then will be reyiewed by the Project Area Committee and the Des i gn Reyi ew Committee for recommenda ti on to the Redevelopment Agency. - 2 - c2-fO 1. Special Land Use Permit When the Pl anni ng Di rector has determi ned that a 1 and use proposal requires the approval of the Redeyelopment Agency, a special land use permit must be obtained. (See Section 3.0 of the Otay Valley Implementation Plan/Design Manual for detailed land use controls.) Proposal s requi ring a special 1 and use permi t must be presented to the Otay Valley Project Area Committee and the Redevelopment ~gency. To apply for a special land use permit an application form (Appendix A), a disclosure statement (Appendix C), two sets of basic site plan, floor plan, and architectural elevations must be submi tted to the Land Use Planner. (One of the required sets of plans shall be on 8-1/2" x 11" sheets.Jìt is adyantageous to submit this aoolication concurrently with the appl ication for environmental review to avoid time delays. Within 10 working days the Project Land Use Planner will meet with the applicant to discuss the pl an and scnedul e the proposa 1 for presentation to the Project Area Committee. The Commi ttee' s recommendation will be' forwarded to the Redeyelopment Agency for consideration. I f the Agency approyes the 1 a~d use, a permit shall be issued and the appl icant may proceed wi th design reyiew of the proposal. 2. Design Reyiew a. Preliminary Submittal (Staff Review) A prel iminary submittal for design reyiew shall be s:Jbmitted to the Planning Department and shall include a completed disclosure statement (Appendix C) and five copies of all items required in Appendix D, EXCLUDING COLORED SET OF DRAWINGS AND MATERIAL BO,A.RD. (It is recommended that the applicant apply for enyi ronmenta 1 review at this time if appl ication has not been made previously.) The pl ans will be distributed tJ the City Engi neeri ng, Community Development, Buil ding, and Fire Depa rtments and will be revi ewed for COMPLETENESS. Within a maximum of ten (l0) working days the Planning Jepartment representatiye will meet with the applicant to adv~sa them of the adequacy of the preliminary submittal package and to discuss the fonna 1 submittal of pl ans to the Design Revi ew Committee (DRC)*. Depending on the scope of an individual project, a subcommittee meeting of the DRC may be called during thi s time period to offer specific design direction to the applicant. *cross-sections of specific building eleyations may be requested at this time. - 3 - .;2-(( "- b. ,ormal Appl ication to the Design Reyiew Committee rormal application to the Desi gn Review Committee (DRC) will include submittal of the following: (l) Completed application form - Appendix B, and complete sets of drawings and material board as described in Appendix D. The proposal will be included on the next available agenda in accordance with the Committee's ôrescri bed schedul e, but not to exceed 20 worki ng days unless Jnusua 1 circumstances requi re an extens i on. The Desi gn Reyie'l/ Commi ttee shall revi ew the proposed application, plans, eleyations, and materials and shall forward a recommendation to the Redevelopment Agency. The Commi ttee I s recolmlendati on shall be based on the criteri a and guidelines conta i ned in the the "Otay Valley Implementation Plan/Design Manua 1 ." c. Submittal of Plans to Redevelopment Agency All projects must be presented to the Redevelopment Agency for consideration. Once the. Design Reyiew Committee's recommendat ion has been established, the proposal shall be ôlaced on the next ayailable Redevelopment Agency agenda. (Processing shoul d not exceed 20 working days unless unusual circumstances require an extension.) The Redeye 1 opment Agency shall approve, conditi ona lly approve, or deny the applicant's proposal through an (),¡ner Participation Agreement (Appendix E). This is an Agreement between the Redeye 1 opment Agency and the Appl icant and assures that the property wi thi n the Redevelopment Proj ect wi 11 be deyeloped in conformity with the Plan and Design Manual. C. MINOR PROPOSALS (No (),¡ner Participation Agreement Required) Minor proposal s shall be revi ewed by City staff and include the fo11owing: 1. Temporary signs. 2. Repl acement signs involYing relettering, repl acement copy, or reconfiguration of content within an existing sign encasement. 3. Signs designed in conformance with a sign program approved by the Design Reyiew Committee. 4. Signs designed in conformance with Section 4.5 of the Otay Valley Road Redevelopment Project Area Implementation Pl an/Desi gn Manual. - 4 - d-Id-- 5. Repainting existing buildings and signs. 6. Proposals which do not require an O\'/ner participation agreement or revision to an owner participation agreement. 7. Other actions authorized by the Redevelopment Agency. Applicants of all minor proposals must submit a completed disclosure statement (Appendix C) and the application form required for the specific type of project proposal. The appropriate appl ication fonn will be detennined and distributed by the Planning or Community Development Department Representative at the Pre-submittal Conference. D. GENERAL 1. Subsequent to the approyal or conditional approval of a project by the Agency, a Committee and/or staff, the developer shall foll ow the City of Chu1a Vista's standard permit procedures. 2. All standard City pennit fees shall be applicable. 3. The Redeyelopment Agency, the Project Area Committee, and the Design Review Corroni ttee shall not approye, conditionally approye, or recommend approyal of applications, plans or proposals which are not substantially consistent and consonant with the Chu1a Vista General P1 an, the Otay Valley Redevelopment P1 an and the requirements, criteria, guidelines, and provisions of the Otay Valley Implementation Plan/Design Manual. 0;.'. 4. The Director of the Department of Building and Housing shall not issue a pe nTIit for the remodel i ng or construction of structures wi thi n the Otay Vall ey Project Area without the prior wri tten authorization of the Redeye1opment Agency. 5. The Di rector of Pub1 ic Works shall only issue penTIi ts for the improvement, alteration, 1 andscapi ng, paving, or surfaci ng of the public rights-of-way of the Project Area where such pennits would be consonant with the Otay Valley Redevelopment Pl an, Implementation Plan/Design Manual and Procedures Manual. 6. The Project Area Committee and Design Review Cõmmittee shall perfonn those duties which are expressly assigned to it by the provisions of the Redevelopment Pl an and the Impl ementation Pl an/Desi gn Manual and those expressly assi gned by the Redeyelopment Agency. I V. SPECIAL REGULATIONS AND PROCEDURES: A. PROPERTY MERGERS 1. A 11 proposed property mergers withi n the Proj ect Area shall be processed as major proposals. - 5 - d -(3 2. All proposed property mergers within the Project Area which haye been approyed or condi ti onally approved by the Redevelopment Agency shall be subsequently processed under the proyisions of the State Subdiyision Map Act and the Subdivision Ordinance of the City of Chula Vista. No proposed property merger shall be permi tted if it has been deni ed approval by the Redeyelopment Agency. As a supportiye document, the Procedures Manual shoul d be kept responsi ve to the changing provisions and requi rements of the Redeyelopment Plan and Implementation Pl an/Desi gn Manual, as well as responsiye to the publ ic interest and the needs of the deyelopers and property owners of the Project Area. The stream-line character of the rules and reGulations of the Procedures Manual, and the facility with which this plan cañ be amended makes the a forementi oned respons i yeness readily achi evabl e. WPC lS17H ., - 6 - ;;2-«1 ATTACHMENT 2 DrAY VALLEY ROAD REDEVELOPMENT PROJECT AREA IMPLEMENTATION PLAN/DESIGN MANUAL ADDENDUM MAY 1985 PREPARED BY: COMMUNITY SYSTEMS ASSOCIATES, INC. 203 South Brea Boulevard Brea, California 92621 (714) 529-7888 DrAY VALLEY ROAD PROJECT AREA COMMITTEE C~JLA VISTA COMMUNITY DEVELOPMENT DEPARTMENT CHULA VISTA PLANNING DEPARTMENT d-(::;- ., TA5cõ OF CONTENTS PAGE INTRODUCTION............................................""""'" 1 GOALS, OBJECTIVES, POLICIES....................................... 2 SPECIFIC lAND USE CONTROLS........................................ 4 3.1 - land Use Map............................................ 4 3.2 - land Uses Permitted in Project Area..................... 4 3.3 - Special land Use Require~ents in Sensitive 6 Impact Boundary........................................ 3.4 - land Use Standards of Performance....................... 6 3.5 - land Use Consideration Involving the Use and Handling of Hazardous Materials................................... ï DESIGN OBJECTIVj:S................................................. E 4.1 - Townscape Planning...................................... 8 4.2 - Site Design............................................. 9 4.3 - Building Design......................................... g 4.4 - Circulation and Parking................................. 15 4.5 -. Signs................................................... l5 ADl,jj NISTRATIVE FUNCTIONS.......................................... 1~ 5.1 - Redeyelopment Agency Coordinating Role.................. 19 5.2 - Project Area Committee (?AC).....................-....... 19 5.3 - Planning and Design Resoonsibility Within the Project Area 20 5.4 - Amendment of the Imple~entation Plan/Design Manual 20 vi d--(G:, 5.0 ADMINISTRATIVE FUNCTIONS Although the text contained withi n this Project Area Plan/Design Manual Addendum establ i shes a framework and coordinating process for effective redeyelopment, such goals, objectiyes and tasks must be pursued and fulfilled by the admi ni strati ve bodies responsible for successful implementation. Without active implementation of such coordinating tasks, 1 and use control s and design guidelines, the Otay Valley Road Project Area will continue to experience sporadic development which is inefficient, uncoordinated and, more than likely, adverse to surroundi ng 1 and uses. Through persistent coordi nati ng and deyelopment efforts by the Agency and other admi ni strati ve offices having the understanding of land use go~s and objectives established by this document, the Otay Valley Road Project Area will become a well ordered, pleasant i ndustri a1 comp1 ex whi ch serves as an economi c benefi t to the City of Chu1a Vista and provides a large measure of protection to nearby residents. 5.1 Redevelopment Agency Coordinating Role 1) The Agency shou1 d utilize its coordinating capaci ty to fu1 fill and preserve the 1 and use obj ecti ves and desi gn gui de 1 i nes promoted by the Otay Valley Road Implementation Plan/Design Manual Addendum. 2) The Agency should utilize the Design Review Committee as the primary agent for reviewing development propasa1s and maintaining the goal s and objectiyes of the Design Manual Addendum. 5.2 Project Area Committee (PAC) 1) The Project Area Committee shall be an adyi sory body composed of seven members, appointed by the Mayor, with the consent of the City Council. The membership of PAC shall refl ect representa ti on from the residential areas adjacent to the Project Area; the ownership or management of the lands or businesses within the Project Area; and, the general interests of the Chula Vista Planning Area. 2) The PAC shall reyiew all major proposals for the deye1opment, platting, conservati on, ci rcu1 ati on, or pub1 i c servi ce of the Project Area, and shall report its findings and recommendations to the Redevelopment Agency, Desi gn Revi ew Col1111i ttee, or referri ng body. 3) The PAC may, on its own vol ition, advi se the Redeye10pment Agency on matters of perti nent, City planning si gnifi cance and may submit to the said Agency such reports on the state of the revitalization of the Project Area as it may consider necessary. . - 19 - c2-!7 4) The PAC shall utilize the ~ublic notice period to reyiew such proposals and prepare statements of recommendation to the Design Reyiew Committee or Redevelopment Agency for their consideration in .a public forum prior to a final decision. 5.3 Planning and Design ResJonsibility Within the Project Area 1) The Proj ect Area Commi ttee shall be responsible for advising the Redevelopment Agency on matters of City and townscape planning significance. The advisor} jurisdiction of the Committee shall include conceptual deyelopment, project, and subdivision plans. 2) The Chula Vista Design Review Committee (DRC) shall be responsible for adYising the Agency on matters of urban-design, or post-planning significance. On minor projects, the action of the Design Review Committee may be final, subject to appeal to the Agency. The Committee's jurisdiction with respect to minor projects shall be specifically goyerned by a policy resolution of the Agency, which may be amended at any time. 3) As a general rul e, the P;.: shall review major projects prior to their reyiew by the DRC and Agen¡:y, and shal) submit pertinent reco!1111endations to those bodi es. A maj or proj ect for the purposes of th is secti on is defi ned as a proposal which requires an I),.¡ner Participation Agreement (OPA) entered into by the Agency. 4) The Chief ~anning Officer of the Project Area sh~l be the Director of Planning of the City of Chula Vista. 5.4 ~~endment of the Imple~entation Plan/Design Manual The Implementation Plan/Design Manual Addendum may be amended by the Agency in order to refine, update, or improve its proYisions, or to foster the methodical effectuation of the Redevelopment Plan. Proposed amendments shall be referred to the Pl anni ng Commi ssi on and the Proj ect Area Committee for their review and recommendations. WPC l382H - 20 - c2-(f' ATTACHMENT 3 EXHIBIT A (() I OT A Y V ALLEY ROAD : REDEVELOPMENT AREA ----- ~-~ I Ii ~~ ' 1\ --------------- --------- ~ .. \ O.ay Valley Read ,I :...----: ! ¡_J ! - --~ 0 100) "'" :roo- ..,-,--~ .-------.- 0<-/9 -"' REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: .3 MEETING DATE: 5/01/01 ITEM TITLE: PUBLIC HEARING: CONSIDERATION OF AN EXTENSION OF AN EXISTING SPECIAL USE PERMIT FOR THE CONTINUATION OF AN AUTO DISMANTLING AND RECYCLING BUSINESS AT 800-834 AND 825 ENERGY WAY RESOLUTION APPROVING THE EXTENSION OF THE SPECIAL USE PERMIT SUPO-01-01 UNTIL DECEMBER 31, 2017 FOR ECOLOGY AUTO WRECKING LOCATED AT 800-834 AND 825 ENERGY WAY SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR \.Jà-+m \:.,5 REVIEWED BY: EXECUTIVE DIRECTOR ~? 7r 4/STHS VOTE: YESDNO0 BACKGROUND Ecology Auto Wrecking is requesting the continuation of an existing use, Conditional Use Permit #PCC-73-27, effective date December 12, 1973, for automotive dismantling and the sale of auto parts, and scrap metal collection, compaction, cutting, shredding in preparation for the scrap market, and other related uses. The project was approved by the Redevelopment Agency for a thirteen-year extension on December 8, 1992, which moved the expiration date of the Permit until 2005. On November 10, 2000 staff received an application for an extension of this permit until 2025. The Planning and Environmental Manager for the Community Development Department has determined that no new environmental impacts that have not been previously addressed will occur, and the project is consistent with the previous environmental review. RECOMMENDATION That the Agency adopt the Resolution approving the proposed Special Use Permit Extension in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION On April 25, 2001, the Planning Commission held a public hearing and, after receiving public testimony and staff's report and recommendation, voted to recommend denial (7-0) of the proposed Special Use Permit Extension based on the inconsistency of a long-term extension of the use with the characterization of the use in the Otay Valley Road planning documents as a "transitional use"; the application for an extension was also considered premature at this time due J - ( PAGE 2, ITEM NO.: 3 MEETING DATE: 5/01/01 to the Implementation Plan's requirement of an evaluation of alternate uses for properties now housing auto wreckers. DISCUSSION 1. Site and Proiect Characteristics The proposed project is an extension of the existing Special Use Permit for the existing automotive recycling facilities located at 800-834 and 825 Energy Way, doing business as Ecology Auto Wrecking, Inc.. The site's discretionary history for this use goes back to Conditional Use Permit # PCC -73-27, effective date December 12, 1973, which was extended at the direction of a Settlement Agreement relating to the Otay Valley Road widening, entered into by the City of Chula Vista, the Redevelopment Agency, and the applicant, on December 8, 1992 for a period of 13 years until 2005. Under the terms of the Settlement Agreement the City of Chula Vista was to issue a Special Use Permit (SUP) conditioned only by code required off street parking; landscape planting and irrigation; and fencing and other appropriate comparable cost screening measures to ameliorate adverse visual impacts. The Agreement further states that the applicant is not required to deviate substantially from the plans previously submitted, reviewed, and recommended for approval. The Settlement Agreement contemplates (but does not require) the possible continuation of this use on the property until December 31,2017. If a permit extension is denied by the City during this period, the applicant would have the right to rescind the agreement and recommence its original litigation. Applicant's only remedy would be to void its obligation to pay any remaining assessments for its share of road improvements. The net cost to the City for this remedy would be approximately $22,000. 2. General Plan, Zonina, and Land Use GENERAL PLAN ZONING CURRENT LAND USE Site: I¡.esearch and Otay Valley Road Redevelopment Auto Recycling limited Industriol (OVR) IP (Industrial Precise Plan) North: Open Space S80 Otay Disposal Site South: Research and OVR/IP Vacant limited Industrial East: Research and OVR/IP Construction Residue limited Industrial RecyciingiVehicie Auctions West: Research and OVR/IP Auto Recycling/Contractors Yard Limited Industrial 3-;L PAGE 3, ITEM NO.: 3 MEETING DATE: 5/01/01 3. Proposal No additional physical construction activities are proposed at this time. Applicant is requesting an extension of their existing Special Use Permit from 2005 until December 12, 2025. 4. Analysis The benefits of auto recycling of end life vehicles (ELVs) is manifested in obvious cost savings in recycled parts, energy conservation, parts availability, reduction in abandoned vehicles and land filling, raw material supply, and reduced insurance rates via reducing costs of repairs and providing a market for totaled vehicles. In addition, Ecology Auto is also an approved location as an authorized State of California and City of Chula Vista oil recycling center. The administration of the "Old Vehicle Buy Back program" for the County of San Diego/Air Pollution Control District occurs here. Annual review by City staff (Community Development and Code Enforcement performed a compliance inspection on May 24, 2000), as well as a complete inspection of the site as part of this permit, indicates this operation sets the standard locally for this use for stormwater filtration, fire suppression measures, as well as hazardous waste extraction, and storage and handling of vehicles. As this permit is an extension of an existing permit that has a history of over 25 years, the project IS and has been supported by the Chula Vista General Plan, the Otay Valley Road Redevelopment Plan, and the City's Zoning Ordinance. It is recognized in the implementation plan that auto recycling is a necessary and beneficial land use for a region. As discussed above, the existing Settlement Agreement relating to uses on this property contemplates (but does not require) possible continued auto wrecking uses on this site until December 31,2017. Ongoing Analysis Reaardina Desirability of Continued Outdoor Storage Uses in the Area. In order to place this project in the larger land use context for the area, the Agency should be aware of the following matters. The five-year implementation plan for the Otay Valley Road Redevelopment Project Area calls for an evaluation of the potential for alternate uses for properties now housing auto wreckers and recyclers prior to the consideration of SUP extensions for those uses. The majority of the SUP's will expire between 2004-2006. The Agency's goal is to determine whether a portion or all of the properties in this area can be redeveloped to a higher and better use more consistent with the goals of the project area to produce an office/light industrial park. The General Plan and Zoning for this area is Research and limited Industrial. A feasibility study would include an analysis of the demand for and location of existing auto wreckers/recyclers, perhaps to include a performance standard based on population/demographics, any environmental remediation needed to redevelop the area to light industrial uses and, finally, the market and likely absorption rate in attracting light industrial uses to the area. ..3-3 PAGE 4, ITEM NO.: 3 MEETING DATE: 5/01/01 Staff believes now is the appropriate time to conduct the study, since this permit is the firm application for extension of the Special Use Permits issued in the area, and while stoff presently recognizes the need for at least one recycler in the area, such a study may provide us with the basis for further discretion during consideration of future extensions. Additionally, the information provided by the study will provide valuable direction for the General Plan Update. To aI/ow this study to occur without having to consider multiple untimely permit extension or new use applications, staff will be bringing forward a "Tolling ordinance" to the City/Agency on May 8. This ordinance will be proposed for adoption on an urgency basis. It is intended to preclude the necessity of consideration of similar discretionary permits prior to the study's completion. StaH's Recommendation Applicant's request for extension comes at an awkward time in the midst of a pending analysis designed to determine whether or not to transition auto wrecking and similar uses out of this developing area. The Planning Commission's recommendation to deny the permit reflects this tension. Staff, nonetheless, recommends approval of the request (but only until December 30, 2017 not the applicant's 2025 request). Staff's recommendation is based on applicant's record of business operation in the City, their compliance with terms of the existing permit, and the value of the proposed service to the region. At least some level of high quality auto wrecking activity in the area is appropriate. Furthermore, applicant has agreed to further condition their operations to mandate their high quality of operations, and to indemnify the City against any liability resulting from their operations. FISCAL IMPACT The extension causes no changes to revenues now realized by the City/Agency because no new operations, equipment or construction are proposed. However, the upcoming study will analyze the fiscal impact of redevelopment to light industrial uses and these findings may be useful in assessing future extension requests. ATTACHMENTS 1. location Map showing Ecology Auto wrecking sites and parcels affected by the Settlement Agreement ncoMMDEV\STAFF.REP\O5-01-01\ecology ,doo,.doc 3-'-1 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHUlA VISTA APPROVING THE EXTENSION OF THE SPECIAL USE PERMIT SUPO-01-01 UNTil DECEMBER 31, 2017 FOR ECOLOGY AUTO WRECKING LOCATED AT 800-834 AND 825 ENERGY WAY WHEREAS, on November 10, 2000 the City of Chula Vista did receive an application for an extension of an existing Special Use Permit, SUPO-01-01 (formerly identified as CPE 53, SLVP 24, and PCC-73-27) until December 12,2025, and this constitutes a formal application; and WHEREAS, Conditianal Use Permit #PCC-73-27, effective date December 12, 1973 originally allowed the automotive recycling facilities located at 800-B34 and 825 Energy Way and known as Ecology Auto Wrecking; and WHEREAS, the City of Chula Vista, the Redevelopment Agency of the City of Chula Vista, and the applicant entered into a Settlement Agreement relating to the Otay Valley Road widening on December B, 1992, which resulted in the immediate extension of the previously mentianed permit until 2005; and WHEREAS, annual review of the project indicates that all canditians of the previously issued permit have been met; and WHEREAS, the Planning and Environmental Manager has determined that na new environmental impacts that have not been previously addressed in the previously granted Conditional and Special Use Permits for this use will accur: and WHEREAS, the Planning Director set the time and place for a hearing on the Special Use Permit extensian 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 to property owners within 300 feet of the exteriar boundaries of the real property that is the subject of the hearing at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., April 25, 2001, in the City Cauncil Chambers, 276 Fourth Avenue, before the Planning commission, all testimony considered, and said hearing was thereafter closed; and, WHEREAS, the Planning Commissian recommended that the consideration of such extensian was premature pending a study of potential alternate uses and therefore voted 7-0 to deny the extension; and WHEREAS, the Cammunity Development Directar set the time and place for a hearing on the Special Use Permit extension and notice of said hearing, together with its purpose, was given by a publication in a newspaper of general circulation in the city and its mailing to property owners within 300 feet of the exterior baundaries of the real property that is the subject of the hearing at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m., May 1, 2001, in the City Council chambers, 276 Fourth Avenue, before the Redevelopment Agency, all testimony considered and said hearing was thereafter closed; and, NOW THEREFORE BE IT RESOLVED that Special Use Permit SUPO-01-01 is hereby APPROVED with an expiration date of December 31, 2017 according to the following findings and subject to the conditions contained herein: ...3-S- FINDINGS 1. That the proposed use at the particular lacatian is necessary or desirable to provide a service or facility which contributes to the general well being of the neighborhood or the community in that the recycling of End Life Vehicles (ELVs) results in cost savings in recycled parts, energy conservatian, parts availability, reductian in abandoned vehicles and land filling, raw material supply, and reduced insurance rates via reducing costs of repair and providing a market for totaled vehicles. Ecology Auto Wrecking also acts as an approved oil recycling center. 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 working in the vicinity, or injurious to property or improvements in the vicinity since the land use is considered an interim use, and is regulated for safety and health concerns via local and state agencies, as well as via the conditions of this permit, which speak to adequate offstreet parking, landscaping, and screening of the visual impact. Surrounding land uses include other auto wreckers, the landfill, auto auctioneers, contractars yard, and construction material recycling. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Cade for such use as modified by the Settlement Agreement. 4. That the granting of the special use permit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any governmental Agency since the General Plan is Industrial and the Otay Valley Road Redevelapment Implementation Plan recagnizes auto wrecking as a transitianal use. CONDITIONS 1. Required off street parking shall be maintained in a manner consistent with the Chula Vista Municipal Code. 2. Landscaping and irrigation shall be maintained in a manner consistent with the Landscape manual. 3. Fencing and other appropriate comparable-cast screening measures to ameliarate adverse visual impacts shall be maintained. 4. Applicant shall continue to apply state of the art storage, safety, and conservation measures, including, without limitation, drainage improvements, fire suppression devices, and hazardous fluid collection. A list of such measures shall be prepared by the applicant and approved by the Agency, to be attached hereta. 5. Applicant shall camply with any and all federal, state, and local laws and safety standards. 6. The applicant shall and does hereby agree to Indemnify, protect, defend, and hold harmless City, its Council members, afficers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney fees (callectively, liabilities) incurred by the City arising, directly or indirectly, fram a)City appraval and issuance of this Special Land Use Permit extension, b)City's approval or issuance of any other permit or action, whether discretionary or non discretionary, in ~-t;, 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 copy of this Special Land Use Permit where indicated below. The applicant's compliance with this provision is an express condition of this permit and this provision shall be binding on any and all of the applicant's successors and assigns. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upan execution, this document shall be recarded with the County Recorder's Office of the County of San Diego, and a signed, stamped copy returned ta the Community Development Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the Community Development Department shall indicate the property owner/applicant's desire that the Project, and the corresponding applicatian for building permits and/or a business license, be held In abeyance without approval. Said document shall alsa be on file in the Community Development Department's files and known as Resolution No_. Signature of Property Owner/Applicant. Date Signature of Property Owner/Applicant Date CONSEQUENCES OF FAilURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency shall have the right ta revoke or modify all approvals herein granted; deny or further condition issuance of future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute, litigate, or compel their compliance; or seek damages for their violations. Applicant or successor in interest gains no vested rights by the Redevelopment Agency approval of this Resolution. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoptian of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone ar more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed ta be automatically revoked and of na further force and effect ab initio. PRESENTED BY APPROVED AS TO FORM BY Chri~", ~ Director of Community Development ,3-7 -u -u-u ~. ~.~. !1 !1!1 D » m a.", ~ a.", t u a '" 0 '" ~õ 0 ,'" ~ O>~ :!. ~~ ~ ~õ å ~ õ' ::¡ 0 a Q. ~ is' m n Q: c " ;i} ~ O(¡lmll ;31 g' ¡ ~§ CD iiil:¡! i ;31¡¡, ~1:CD i leg CD :J ¡¡Q. f 8- "U a iii !~~I~ I j~ I\" J~f -u -u-u ~. ~.~. !l !l!l " » <1> £11) ~ £11) I U ~ ~~ ~ ~; £1 ~ C ~ ~Õ <1> .a a -< 0" ::¡ ~ c Q. -< .go <1> 0 [ c: :; ~ ~ Del ." m 21 "'s.ã I~ ~ ~ ~ r- ~ ~ CD i ~ <g CD :J aD.. ~ i ~ ~ iii I" loe~l~ ! j~ I\" ! _:J-f? BRIAN HUNTER, COMDEV (complete packet) AGENDA \ CITY PLANNING COMMISSION MEETING Chura Vista, California 6:00 p.m Council Chambers Wednesday, April 25, 2001 276 Fourth Avenue, Ghula Vista CALL TO ORDER ROLL CALUMOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. STAFF OVERVIEW: East Lake III Project Planner: Luis Hernandez, Principal Planner 2. PUBLIC HEARING: Close of public review period for Draft Environmental Impact Report for East Lake III EIR. Project Planner: Joan Isaacson, Environmental Planning 3. PUBLIC HEARING: SUPS-01-O1; Consideration of an extension of an existing Special Use Permit for the Continuation of an Auto Dismantling and Recycling Business at 800-834 and 825 Energy Way and Resolution - Recommending that the Redevelopment Agency Board approve the proposed Special Use Permit extension in accordance with the attached draft Agency Resolution based on the findings and subject to the conditions contained therein. Project Planner. Brian Hunter, Planning and Environmental Manager 4. PUBLIC HEARING: Resolution of the Redevelopment Agency of Chula Vista amending the Otay Valley Road Redevelopment Project Procedures Manual Section III B (rules and regulations for the filing and processing of plans and proposals for the redevelopment of the Otay Valley Road project area, major projects) to add Sub-paragraph 3, Precise Plan Projects, and amending the Otay Valley Road Project Area Implementation Plan/Design Manual addendum to add Section 5.3(5), allowing for the administrative approval of designs and owner participation agreements within agency approved Precise Plan Developments. Project Planner: Patricia Beard, Sr. Community Development Specialist Planning Commission - 2 - April 25, 2001 5. PUBLIC HEARING: PCC-O1-O7; Appeal of Conditional Use Pennit to install 4 panel antennas on each of the 4 sides of an existing church building with radio equipment located in the basement, at 940 Hilltop Drive. Staff is recommending that public hearing be continued to a date certain of May 9, 2001. Praject Planner: Harold Phelps, Associate Planner DIRECTOR'S REPORT COMMISSIONER COMMENTS: ADJOURNMENT: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The eity of ehula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, adivity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and adivities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices forthe Deaf (TDD) at 585- 5647. ealifornia Relay Service is also available for the hearing impaired. PLANNING COMMISSION AGENDA STATEMENT Item 3 Meeting Date 04/25/01 PUBLIC HEARING: Consideration of an extension of an existing Special Use Permit for the Continuation of an Auto Dismantling and Recyding Business at 800-834 and 825 Energy Way and Resolution_Recommending that the Redevelopment Agency Board approve the proposed Special Use Permit extension in accordance with the attached draft Agency Resolution based on the findings and subject to the conditions contained therein. The project is the continuation of an existing use, Conditional Use Permit #PCC-73-27, effective date December 12, 1973, for automotiye dismanlling and the sale of auto parts, and scrap metal collection, compaction, cutting, shredding in preparation for the scrap market, and other related uses. The project was approved by the Redevelopment Agency for a thirteen year extension on December 8, 1992 which moved the expiration date af the Permit until 2005. On November 10, 2000 staff received an application for an extension of this permit until 2025. The Planning and Environmental Manager for the Community Development Department has determined that no new environmental impacts that have not been previously addressed will occur, and the project is consistent with the previous environmental review. RECOMMENDATION: Adopt attached Resolution - recommending that the Redeyelopment Agency approve the proposed Special Use Permit Extension in accordance with the attached draft Redevelopment Agency Board Resolution based on the findings and subject to the conditions contained therein. DISCUSSION: 1. Site and Proiect Characteristics The proposed project is an extension of the existing Special Use Permit for the existing automotive recycling facilities located at 800-834 and 825 Energy Way, doing business as Ecology Auto Wrecking, Inc.. The site's discretionary history for this use goes back to Conditional Use Permit # PCC -73-27, effective date December 12, 1973, which was extended at the direction of a Settlement Agreement relating to the Otay Valley Road widening, entered into by both the City of Chula Vista, the Redevelopment Agency, and the applicant, on December 8,1992 for a period of 13 years until 2005. Under the terms of the Settlement Agreement the City of Chula Vista was to issue a Special Use Permit (SUP) conditioned only by code required off street parking; landscape planting and irrigation; and fencing and other appropriate comparable cost screening measures to ameliorate adverse visual impacts. The Agreement further states that the applicant is not required to deviate substantially from the plans previously submitted, reviewed, and recommended for approval. The Settlement Agreement, Section III K, indicates that "if at any time between the effective date ofthis Agreement and December 31,2017 the City denies a Plaintiff a Special Permit, or other such required permit which may be necessary for the continued use of the lots for the use identified above upon the conditions herein specified, then such Plaintiff may give the City written notice of the rescission of the Agreement and ... the Action may be recommenced in its entirety..: 2. General Plan, Zoninq, and land Use GENERAL PLAN ZONING CURRENT LAND USE Site: Otay Valley Road Auto Recycling Research and Limited Redevelopment (OVR) Industrial IP (Industrial Precise Plan) North: Open Space 580 Otay Disposal Site South: Research and Limited OVRlIP yacant Industrial East: OVRlIP Construction Residue RecyclingNehicle Auctions West: OVRlIP Auto Recycling/Contractors Yard 3. Proposal No additional physical construction activities are proposed at this time. Applicant is requesting an extension of their existing Special Use Pennit from 2005 until December 12, 2025. 4. Analysis The benefits to the society as a whole of auto recycling of end life vehicles (El Vs) is manifested in obvious cost saYings in recycled parts, energy conservation, parts availability, reduction in abandoned vehicles and land filling, raw material supply, and reduced insurance rates via reducing costs of repairs and providing a market for totaled vehicles. In addition, Ecology Auto is also an approved location as an authorized State of Califomia and City of Chula Vista oil recycling center. The administration of the "Old Vehicle Buy Back program" for the County af San Diego/Air Pollution Control District occurs here. Annual review by City staff (Community Development and Code Enforcement perfonned a compliance inspection on May 24, 2000), as well as a complete inspection of the site as part of this pennit, indicates this operation sets the standard locally for this use for stonnwater filtration, fire suppression measures, as well as hazardous waste extraction, and storage and handling of vehicles. As this pennit is an extension of an existing pennit that has a history of over 25 years, the project is and has been supported by the Chula Vista General Plan, the Otay Valley Road Redevelopment Plan, and the City's Zoning Ordinance. The existing Settlement Agreement further delineates the City of Chula Vista's responsibility and limits in this area. Community Development staff would like the Planning Commission to consider, in keeping with the project area goal of eliminating visual blight due to incompatible uses, staffs desire to conduct a study of Energy Way uses during the next several months. The five-year implementation plan for the Otay Valley Road Redevelopment Project Area calls for an evaluation of the potential for altemate uses for properties now housing auto wreckers and recyclers prior to the consideration of SUP extensions for those uses. The majority of the SUP's will expire between 2004- 2006. It is recognized in the implementation plan that auto recycling is a necessary and beneficial land use for a region. However, the Agency's goal is to detennine whether a portion or all of the properties in this area can be redeveloped to a higher and better use more consistent with the goals of the project area to produce an officenight industrial park. The General Plan and Zoning for this area is Research and Limited Industrial. A feasibility study would include an analysis of the demand for and location of existing auto wreckers/recyclers, perhaps to include a performance standard based on population/demographics, any environmental remediation needed to redevelop the area to light industrial uses and, finally, the mar1<et and likely absorption rate in attracting light industrial uses to the area. Staff believes now is the appropriate time to conduct the study, since this permit is the first application for"extension of the Special Use Permits issued in the area, and while staff presently recognizes the need for at least one recycler in the area, particularly considering the Settlement Agreement, such a study may provide us with the basis for further discretion during consideration of future extensions. Additionally, the information provided by the study will provide valuable direction for the General Plan update. Conclusion: The proposed land use is supported by the Chula Vista General Plan, the Otay Valley Road Redevelopment Plan, and the City's Zoning Ordinance, as well as the Settlement Agreement between the City of Chula Vista, the Redevelopment Agency, and the applicant. As the Settlement Agreement speaks to a period inclusive of December 31,2017, staff supports an extension (a little oyer 12 years from the present expiration date) to this date to meetthe terms and conditions of that agreement, rather than the 20 year period requested by the applicant. Attachments 1. Pi,nning Commission Resoiution 2. Redevelopment Agency Resolution 3. Settlement Agræment IAgency Resolution 1290ICity Resolution 16924) 4. Location Map RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVE THE SPECiAl USE PERMIT EXTENSION UNTIL DECEMBER 31, 2017 FOR ECOLOGY AUTO WRECKING LOCATED AT 800-834 AND 825 ENERGY WAY IN THE CITY OF CHULA VISTA, WHEREAS, on November 11,2000 Ecology Auto Wrecking, filed an application for an extension of their existing Special Use Permij located at the above address; and, WHEREAS, the Planning and EnvironmentalManager has determined that no new environmental impacts that have not been previously addressed in the previously granted Conditional and Special Use Permits for this use will occu~ and, WHEREAS, the Planning Director set the time and place for a hearing on the Special Use Permij extension and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 300 feet of the exterior boundaries of the real property that is the subject of the hearing at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., April 25,2001, in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the Redevelopment Agency of the City of Chula Vista adopt the attached draft Agency Resolution in the forms attached with said minor modification as may be approved by the City Attorney in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the Redevelopment Agency of the City of Chula Vista. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25~ day of April, 2001, by the following vote, to wit: RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE EXTENSION OF THE SPECIAL USE PERMIT SUPO-01-Q1 UNTIL DECEMBER 31, 2017 FOR ECOLOGY AUTO WRECKING LOCATED AT 800-834 AND 825 ENERGY WAY AND DIRECTING STAFF TO PROCEED WITH AN EVALUATION OF THE POTENTIAL FOR ALTERNATE USES FOR PROPERTIES NOW HOUSING AUTO WRECKERS AND REOYCLERS PER THE DIRECTION OF THE ADOPTED FIVE YEAR IMPLEMENTATION PLAN FOR THE OTAY VALLEY ROAD REDEVELOPMENT PLAN WHEREAS, on November 10, 2000 the City of Chula Vista did receive an application for an extension of an existing Special Use Pennit, SUPO-01-01 (fonnerly identified as CPE 53, SLVP 24. and PCC-73-27) until December 12, 2025, and this constitutes a fonnal application; and WHEREAS, Conditional Use Pennit #PCC-73-27 , effective date December 12, 1973 originally allowed the automative recycling facilities located at BOO-834 and 825 Energy Way and known as Ecology Auto Wrecking; and WHEREAS, the City of Chula Vista, the Redevelopment Agency of the City of Chula Vista, and the applicant entered into a Settlement Agreement relating to the Otay Valley Road widening on December 8, 1992, which resulted in the immediate extension of the previously mentioned pennit until 2005; and WHEREAS, the Settlement Agreement limits the canditions of the Special Use Pennit to the following: required off street parking; landscape planting and irrigation; and fencing and other appropriate comparable cost screening measures to ameliorate adverse visual impacts; and WHEREAS, annual review of the project indicates that all conditions of the previously issued pennit have been met; and WHEREAS, the Settlement Agreement further indicates that if at any time between the effective date of this Agreement and December 31 , 2017 the City denies a Plaintiff a Special Pennit, or other such required permit which may be necessary for the continued use of the Lots for the use identified above upon the conditions herein specified, then such Plaintiff may give the City written natice of the rescission of the Agreement and... the action may be recommenced in its entirety; and WHEREAS, the Otay Valley Road Redevelopment Project Area Implementation Plans 2000-2004, adopted on November 9, 1999, calls for an evaluation of the potential altemate uses for properties now housing auto wreckers and recyclers. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Chula Vista to direct staff to conduct a study of auto wrecking/recycling uses in the Otay Valley Road Redevelopment Project Area to evaluate .the potential for alternate uses more compatible with the surrounding land uses, to determine environmental or market constraints to redevelopment, and to detennine the density of auto wrecking/recycling uses appropriate in the Project Area. BE IT FURTHER RESOLVED that Special Use Pennit SUPO-01-01 is hereby APPROVED with an expiration date of December 31, 2017 according to the following findings and subject to the conditions contained herein: FINDINGS 1. That the proposed use at the particular location is necessary or desirable to provide a service or facility which contributes to the general well being of the neighborhood or the community in that the recycling of End Life Vehicles (ELVs) results in cost savings in recycled parts, energy conservation, parts availability, reduction in abandoned vehicles and land filling, raw material supply, and reduced insurance rates via reducing costs of repair and providing a market for totaled vehicles. Ecology Auto Wrecking also acts as an approved oil recycling center. 2. That such use will not, under the circumstances of the particular case, be detrimental ta the health safety ar general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity since the land use is considered an interim use, and is regulated for safety and health concems via local and state agencies, as well as via the conditions of this pennit, which speak to adequate offstreet parking, landscaping, and screening of the visual impact. Surrounding land uses include other auto wreckers, the landfill, auto auctioneers, contractors yard, and construction material recycling. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use as modified by the Settlement Agreement. 4. That the granting of the special use pennit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any governmental Agency since the General Plan is Industrial and the Otay Valley Road Redevelopment Implementation Plan recognizes auto wrecking as a transitional use. CONDITIONS 1. Required off street parking shall be maintained in a manner consistent with the Chula Vista Municipal Code. 2. Landscaping and irrigation shall be maintained in a manner consistent with the Landscape manual. 3. Fencing and other appropriate comparable-cost screening measures to ameliorate adverse visual impacts shall be maintained. PRESENTED BY APPROVED AS TO FORM BY Chris Salomone John M. Kaheny Director of Community Development Agency Attamey / f COUNCil.. AGENDA STATEMENT REDEVELOPMENT AGENCY AGENDA STATEMENT Item ,) Q.. ~ b Meeting Date: 12/8/92 ITEM TITLE:~) Agency Resolution / J... q D Approving the Settlement Agreement between the City, Agency and various parcel owners within the Otay Valley Road Widening Assessment District, AD 90-2, and Authorizing the Chainnan to execute Same on Behalf of the Agency, and Appropriating the Necessary Funds. (&-) City Resolution /6 121 Approving the Settlement Agreement between the City, Agency and various parcel owners within the Otay Valley Road Widening Assessment District, AD 90-2, and Authorizing the Mayor to ~~"" S,me oof or <h, Cüy of Ch,l, Vi'ß SUBMITTED BY: City Attorney Agency: 4/5ths Vote: Yes..K..No - Council: 4/5ths Vote: Yes No-X.. On June 23, 1992, by Resolution No. 16643, the City Council fonned Assessment District No. 90-02 for the purpose of financing in part a $13.4 million (approximately) project to widen the Otay Valley Road from the 1-805 to a point approximately 2 miles easterly (just before said Road crosses the river bed). Owners of six properties within the Assessment District ("Plaintiffs")!' 1. The two northwesterly lots, to wit: 825 Energy Way (aka AD Nos. 72 and 73, Map 8147 Lot No. 12 and 13), is owned by Charles B. Siroonian, Linda L. Mandel, Charles D. Pratty II, Louis P. Pratty, and Caroline A. Pratty; I The two southwesterly lots, to wit: 820 - 834 Energy Way (aka AD Nos. 80 and 81, Map 8147 Lot Nos. 21 and 22), is owned by Otay Industrial Park (Karl Turecek and Charles Turecek are the ge~eral partners of Otay Industrial Park) and under lease to Ecology Auto Wrecking; The two easterly lots, north and south of Energy Way, to wit: 850-855 Energy Way (aka (continued...) siroon.113 AI13 re .Siroonian Settlement December 4, 1992 #' Page I .3 -j commenced a lawsuit contesting the environmental review over the road widening and protesting - that the spread was inappropriately narrow (i.e., that it should be broadened to include more property owners). After months of negotiation, the City Attorney's office and the staff negotiated a -relatively complex Settlement Agreement which the Agency and Cauncil are being asked to approve by the attached resolutions. Boards and Commissioners Recommendation: None applicable. The ptay Valley Road Project Area Committee has reviewed and approved for referral to the Agency Board three special penn it requests involving the Plaintiff's land use rights. These three special permit requests are the subject of the suQsequent public hearings. Recommendation: Adopt the attached resolutions approving the attached Settlement Agreement and authorize the Mayor/Chairman to execute same, and appropriating the necessary funds. Discussion: The Project The Otay Valley Road Widening Project consists of widening Otay Valley Road, between 1-805 and a point approximately 2 miles easterly thereof. The project has been estimated to cost approximately $13.4 million, $5.4 million of which was being contributed through a variety of accounts and funding sources, from the City or the Agency, and the balance of which is being financed from the assessment bonds. Consequence of the Litigation The mere filing of the suit, regardless of the merits of the suit, and projected length of litigation, was impairing our ability to issue bonds contemplated by the assessment district proceedings, which in turn was impairing our .ability to finance the construction of the road widening project and jeopardizing a $1.16 million (approximately) SB 300 reimbursement grant 1. (...continued) AD Nos. 74 and 79, Map 8147 Lot Nos. 14 and 20), are owned by Otay Industrial Park, and leased to separate enterprises as follows: Lot 14 is leased to F.J. Willert Contracting for contracting offices and storage of heavy equipment, and Lot 20 is leased to A to Z Enterprises for impounding, storage and dismantling of automobiles. Neither of these lessees are plaintiffs. siroon.l13 All3 re Siroonian Settlement December 4, 1992 Page 2 q~ ) ..... <---' from the State of California used as a partial funding source for the project and an Army Corps of Engineers Section 404 PermitY. How the Agreement Operates The agreement consists of "operative provisions" which become effective only after . certain "conditions precedent" occur.II The Conditions Precedent In the process of negotiating a settlement, it was discovered that the conditional use permitsil for the Plaintiffs' property have expired and, in fact, one parcel is engaged in a use (to wit: "lien sale of impounded vehic1es"-a variant of "auto auctions") which is not an authorized use in "I-P"21 zones. The continued entitlement of the property owners to engage in the uses that they have historically been engaging in was a key factor in determining their willingness to settle on the "operative provisions". Therefore, there are four "conditions precedent" to the Agreement: Conditions Precedent Nos I - 3; Ecology, A - Z Enterprises and F.J. Willerts Contracting have to apply for special permits to engage in their existing uses. While the City is not required to grant these special permits, if they are granted on terms no more onerous than certain specified terms, the "condition precedent" has been met, and if all other conditions precedent are similarly met, the "operative provisions" of the Settlement Agreement go into effect. If the special permits are not granted, the "operative provisions" do not go into effect and the matter will proceed to trial in approximately two months. Condition Precedent No 4: 2. This is a permit to perform construction work in a wetland which was due to expire on January 13, 1993. 3. This structure was necessary because it is inappropriate for the City to become committed by contract to exercise its governmental authority in one manner or another. 4. Conditional Use .Permits within a Redevelopment Project Area are referred to as "Special Permits", but the terms are interchangeable and refer to the same land use regulatory device. 5. "I"ndustrial, with development permitted only by advance approval of a "P"recise Plan. siroon.1l3 A1l3 re Siroonian Settlement December 4, 1992 Page 3 J~3 The fourth condition precedent is that the City initiate, by the commencement of an initial study2', a zone text change which would allow the land use: "lien sale of impounded vehicles" to be conducted in an I-P zone. The Plaintiffs have already made the required special pennit applications, which were scheduled before the Project Area Committee on December 7 and the Redevelopment Agency on December 8 coincident with, but prior to, the scheduling of this Settlement Agreement approval. Status of Conditions Precedent Therefore, . holding the subsequent public hearings and adoption of the three Agency Resolutions granting the Special Permits, in the foim presented, will constitute satisfaction of the Conditions Precedent Nos. 1 through 3. Because of this "conditional" contract structure, approval of this agreement does not oblige the City to approve the Special Permits. Further, if the Council does not approve the Settlement Agreement, staff will request deferral of the Special Pennit Applications. As in Condition Precedent No.4, the Planning Department, at the request of Agency staff, has already initiated the zone text change, which will eventually be brought to you for amendment of the Zoning Code. The Operative Provisions If the special pennits are granted, and the City initiates the zone text change amendment (completion of which could take 4-6 months), the suit will settle as follows: 1. Loans and Amounts. The City will loan the Plaintiffs $140,336.75, based on the following lot ownerships, the proceeds of which are to be paid into the Assessment District to the credit of and to reduce the final confirmed assessment of the designated Plaintiffs. 6. The first step in the process of environmental review under CEQA. siroon.1l3 A 113 re .Siroonian Settlement December 4, 1992 Page 4 jrLf Lot of Assess- Final Con- Unpaid Assessment Prepay- Parcel ment No. finned Ass- Assessment Prepayment ment Map 8147 essment Amount Note to Ecolol!v Auto Wreckinl! for Nonh and South Parcels: 12 72 $96,323.00 $61,691.85 $34,631.15 $33,101.34 13 73 $97,445.00 62,410.59 $35.034.41 $33 486.80 Total Nonh Parcels: $69.665.56 $66.588.14 21 80 $79,303.00 50,790.96 $28,512.04 $27,252.54 22 81 $69,951.00 44,801.46 $25.149.54 $24.038.58 Total South Parcels: $53.661.58 $51.291.12 Note to Gtay Industrial Park for Nonh East Parcel: 14 74 $78,123.00 $62,171.01 $15,951.99 $15,247.33 Note to Otay Industrial Park for South East Parcel: 20 79 $71,032.00 63,488.70 7.543.30 $ 7.210.16 Total East Parcels: $23.495.29 $22.457.49 Total Loan Amounts: $140.336.75 2. Theory of Settlement The loans will have the effect of deferring the affected property owners assessment rate from, on average, about 46.5 cents per square foot to 27.5 cents per square foot until the property is substantially redeveloped, at which time the property owners will bear their full share of the assessment immediately by commencing a repayment of the loan, due in full by the 25th year from now. In essence, the settlement is an attempt to defer a ponion of the assessment until the property is redeveloped to such an economic utility to the landowners that it can afford to pay the higher assessment. 3. Security for the Loans. Those loans will be secured by Deeds of Trust against four of the six parcels as follows: The Nonh Parcel Loan (Lots 12 and 13, aka Parcels 72 and 73), in the amount siroon.1l3 AI13 re Siroonian Settlement December 4, 1992 Page 5 3~5 of $66,588.14, will be secured by Parcels 72 and 73. The other two loans, i.e., the South Parcel Loans (Lots 21 and 22, aka Parcels 80 and 81) and the East Parcel Loans (Lots 14 and 20, aka Parcels 74 and 79) will both be secured just by Parcels 80 and 81)1 The City will be required to subordinate the Deeds of Trust, but not- to a point that will jeopardize the value of aur security. That is, we will not have to subordinate to any loan that will cause our position to be greater than an 80% loan to value ratio. 4- Other Loan Tenns--No Interest. The terms of the loans are as follows: There will be no interest, but commencement of repayment of the principal will be required as follows: If the Due Date (December 31, 2017) occurs befo~e the Repayment Trigger occurs, then the Note is due and payable in full on the Due Date. Otherwise, commencing on the first day of the next succeeding month after the date on which the Repayment Trigger occurs, the Note shall be payable in equal monthly installments in an amount that will result in the complete satisfaction of the Note by the Due Date, or 10 years, whichever is less. If the payment commencement date is more than ten (10) years before the Due Date, then the Note shall have a term of ten (10) years repaid on the sooner of 25 years or when there is a substantial improvement in the property. A substantial improvement in the property is defined to be an improvement in a single instance of over $500,000 or in cumulative instances of greater than $1 million (exclusive of the improvements required by the special permit). 5. Set Aside Rights: There are four set aside rights in the Agreement. The set aside rights will pennit the Plaintiffs to set aside the Agreement (and the consequent duty to drop the litigation) in only four circumstances and then will only entitle them to damages if (1) they return the consideration given by the City and (2) return any Special Permits received, (3) are successful in their lawsuit and even then their remedy will be limited merely to damages in the amount of the then present value of the remaining amount of the assessment against their property at the time their set aside 7. Note that, due to private business reasons of the Plaintiff, Otay Industrial Park, there is a shift between the seCurity for repayment (The South Parcels) and the trigger that may accelerate repayment, which may occur on either the South Parcels or the East Parcels. Note that the East Parcels are under lease to two separate tenants, but are both owned by Otay Industrial Park. siroon.l13 AI13 re. Siroonian Settlement December 4, 1992 Page 6 3-b right is exercised.~' The set aside rights exist in the following circumstances: A. The agreement is collaterally attacked and voided by a third party (paragraph J). B. If at the end of 13 years, their special permits are not renewed on the same terms and conditions (paragraph K). C. The lien sale of impounded vehicles zone. text change does not come to fruition (this set aside right only applies to the Plaintiff of Lot 20 - maximum risk $7,210.16) (paragraph K 1/2). D. The issuance of the Special Permits 'are collaterally attacked. (paragraph DD). Once again, even if the set aside rights are exercised at all, the Plaintiffs will not be able to have, as a remedy, the dissolution of the Assessment District 90-2. They have agreed to be limited to damages, and then, only in the amount of the then present value of the amount of the impressed assessment, and then, only if they return the loan proceeds, special permits and attorney fees, and then, only if they prevail on their theory in court. 6. Dismissal of Action Of course, the Agreement requires the dismissal of the pending action, without prejudice, but then only with the right of reinstituting same if a set aside right matures. The Agreement requires Plaintiff to not contest the formation of the Assessment District in any way. 7. Attorneys' Fees Payment The Agreement also proposes to compensate Ecology Auto Wrecking $32,500 in attorneys' fees incurred by Ecology in both the administrative and legal process. Ecology has provided documentation showing that they have incurred greater than this amount of money and the attorneys for Plaintiffs were instrumental in helping to achieve the Settlement Agreement. Furthermore, if there is any set aside of the Settlement Agreement, the rescinding Plaintiffs have to compensate the City the $32,500 back before they are entitled to commence suit regardless of whether it is rescinded by Ecology or not. Policy Aspects of the Settlement: 8. This remedy will diminish over the duration of the 25 years because of the reducing assessment amount. siroon.113 Al13 re'Siroonian Settlement December 4, 1992 Page 7 3 -7 1. The Settlement Agreement does not abdicate selective assessments against property owners. The assessments remain the same as have been unifonnly imposed against all property owners within the assessment district. The Agency is merely loaning some of the money with which to pay the assessment against the protesting Plaintiffs, funds which will be returned to the City when the property is more fully utilized or in 25 years from now, whichever occurs first. 2. Because of the limitation on remedies to damages, the Settlement Agreement will pennit the sale of bonds to occur without fear by the underwriters or bondholders that the fonnation of the assessment district can be undone. FISCAL IMPACT: Source of Funds: This settlement will have an immediate cash impact on the City of $0, and on the Agency of $172,836.75; $100,000.00 of which staff proposes that the Agency appropriate from Account No. 996-9960-STl23 (balance of an Agency Loan Receivable from the City for City's Purchase of a Mitigation Site); and $72,836.75 of which staff proposes that the Agency appropriate from revenues the Agency expects to receive from the Agency's sale of the Right of Way to the Assessment District, 90-2. Use of Funds: The $172,836.75 will be spent as follows: 1. $32,500 in attorney fees will be paid to Ecology Auto Wrecking in 30 days after the Operative Provisions become effective. 2. $140,336.75 will be loaned without interest to Ecology and Otay Industrial Park which will be repaid to the Agency at the time of redevelopment of the sites, but not beyond 25 years from now (2017). The net present value cost of the transaction to the Agency, in the worst case scenario (assuming no redevelopment for 25 years of any of the sites), assuming money is worth 7%, is $ 2/ 9. This calculation will be performed and Council! Agency will be advised at the meeting. The author estimates that it will be approximately $140,000 due to the recovery over time of the loaned proceeds. siroon.1l3 AI13 re Siroonian Settlement December 4, 1992 Page 8 j -t SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is dated as of November 25, 1992 and is effective as of the date last executed by the parties, by and between, on the one hand, THE CITY OF CHULA VISTA, a municipal corporation; (liTHE CITY"); the - REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ("Agency"); and, on the other hand, CHARLES B. SIROONIAN, an individual, LINDA L. MANDEL, an individual, CHARLES D. PRATTY II, an individual, LOUIS P. PRATTY, an individual, CAROLINE A'. PRATTY, an individual, OTAY INDUSTRIAL PARK, a California general partnership, KARL TURECEK and CHARLES TURECEK, general partners of OTAY INDUSTRIAL PARK; and ECOLOGY AUTO WRECKING, a California corporation, ("Plain- tiffs") with reference to the following: 1. RECITALS 1. Plaintiffs warrant and represent to tfue City that they have the interest in certain properties within the City of Chula Vista described as follows: a. North Parcels, AD Parcels 72 and 73. CHARLES B. SIROONIAN, LINDA L. MANDEL, CHARLES D. PRATTY II, LOUIS P. PRATTY, and CAROLINE A. PRATTY (herein, "Individual Plaintiffs") now own and have at all times relevant herein owned as tenants in common that certain property known as Lots 12 and 13 of Otay Industrial Park according to Map thereof 8147, filed in the office of the County Recorder of San Diego County, July 18, 1975. Such property is Assessor's Parcel Nos. 644-182-01 and 02 and its street address is 825 Energy Way, Chula Vista, California. By the assessment proceeding identified herein below THE CITY purported to establish Otay Valley Road Assessment District No. 90-2 ("AD 90-2") wherein Lot 12 is identified as Assessment No. 72 and Lot 13 is identified as Assessment No. 73. (Herein, "Parcels 72 and 73"; or "the North Parcels.") b. South Parcels. AD Parcels 80 and 81. ECOLOGY AUTO WRECKING is and has at all times relevant herein been the lessee under the Lease Agreement of February I, 1988 with Lessor, OTAY INDUSTRIAL PARK, of that certain property identi- fied as Lots 21 and 22 of the Otay Industrial Park according ~o Map thereof 8147, filed in the office of the County Recorder of San Diego County, July 18, 1975. Such property is Assessor's Parcel Nos. 644-182-11 and 644-182-12 and its street address . is 820-834 Energy Way, Chula Vista, California. OTAY INDUSTRIAL PARK is now and has at all times relevant herein been a California general partnership whose general partners are Petitioners/Plaintiffs KARL TURECEK and CHARLES siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 1. Page 1 "-:I '_? TURECEK- (Herein, jointly "OTAY.") OTAY is now and has at all times herein been the owner of Lots 21 and 22. By AD 90-2, THE CITY purported to establish an assessment district wherein Lot 21 is identified as Assessment No. 80 and Lot 22 is identified as Assessment No. 81. (Herein, "Parcels 80 and 81"; or "the South Parcels.") c. East Parcels. AD Parcels 74 and 79. OTAY now owns and has at all times relevant herein owned that certain property known as Lots 14 and 20 of the otay Industrial Park. Such property is Assessor's Parcel Nos. 644-182-03 and 644-182-10 and its street address is 855 and 850 Energy Way, Chula Vista, California. By AD 90-2 THE CITY purported to establish an assessment district wherein Lot 14 is identified as Assessment No. 74 and Lot 20 is identified as Assessment No. 79. (Herein, "Parcels 74 and 79"; or "the East Parcels".) 2. Current Entitlements. The land use designation of the above-described 6 lots under the Chula Vista General Plan is "Research and Limited Manufactur- ing," and the designation of such lots under the Otay Valley Road Redevelopment Plan, is "Limited Industrial/Research". Consistent with such plans, the zoning classification of such properties is "IP-General Industrial Precise Plan." Appropriate permits con- sistent with these zoning and land use designations have been issued, and development on the properties has proceeded consis- tent with those permits. Specifically, Parcels 72 and 73, Par- cels 74 and 79, and Parcels 80 and 81 have been dedicated to and improved with the uses authorized and permitted by Conditional Use Permit #PCC-73-27 ("C.U.P.") The C.U.P. was effective December 12, 1973 and continued by its terms to July 1, 1986. 3. Formation of Assessment District 90-2: July 23 Meetina. On or about July 23, 1991, THE CITY, through its City Council, adopted the following Resolutions in furtherance of formation of AD 90~2: (a) Resolution 16274 making appointments in Assessment District No. 90-2 (Otay Valley Road). (b) Resolution 16275 Adopting a map showing the proposed boundaries of Assessment District No. 90-2 (Otay Valley Road). (c) Resolution 16276 Approving a proposed resplution of intention and requesting consent and jurisdiction for Assessment District 90-2 (otay Valley Road). 4. Formation of AD 90-2; April 21 Meetina. On or about April 21, 1992, THE CITY, through its city Council, adopted the following resolutions in furtherance of formation of AD 90-2: (a) Resolution 16599 of the City Council of the City of siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 2 Page 2 -3 r /ð Chula Vista certifying the Final Environmental Impact Report and Addendum thereto on the Otay Valley Road Widening Project (ErR 89-01), SCH #89083004. (b) Resolution 16600 of the City Council of the City of Chula Vista adopting map showing amended boundaries of Assessment District No. 90-2 (Otay Valley Road). (c) Resolution 16601 of the City Council of the City of Chula Vista declaring intention to order the installation of certain improvements in a proposed assessment district; declaring the work to be of more than local or ordinary benefit; describing the district to be assessed to pay the costs and expenses thereof; and providing for the issuance of bonds for Assessment District No. 90-2 (otay Valley Road). (d) Resolution 16602 of the City Council of the City of Chula Vista passing on the "report" of the Engineer, giving preliminary approval, and setting a time and place for the public hearing in Assessment District No. 90-2 (Otay Valley Road). 5. Formation of AD 90-2; June 23 Meetinq. On or about June 23, 1992, THE CITY, through its City Council, formed and established AD 90-2 upon the adoption of the following resolutions: (a) Resolution 16639 Approving agreement for execution in Assessment District No. 90-2 (otay Valley Road) and authorizing the Mayor to sign said agreements. (b) Resolution 16641 Ordering certain changes and modifications to the Engineer's Report in Assessment District No. 90-2 (otay Valley Road). (c) Resolution 16642 Overruling and denying protests and making certain finding in Assessment District No. 90-2 (Otay Valley Road). (d) Resolution 16643 Confirming the assessment, ordering the improvements made, together with appurtenances, approving the Engineer's Report, making CEQA findings, and adopting a statement of Overriding Considerations and a Mitigation Monitoring Plan regarding Assessment District No. 90-2 (otay Valley Road). 6. Environmental Findinqs. Resolution Nos. 16599 and 16643 purport to set forth and contain the findings and determinations required by the California Environmental Quality Act ("CEQA" [§ 21000 et seq. of the Pub. Res. Code]) and by the Guidelines for Impl~mentation of CEQA (14 Cal. Code of Regulations, § 15000, et seq.), based upon the Final Environmental Impact Report and the Addendum thereto. (Herein, "the EIR.") 7. Claims in Litiqation. On or about July 22, 1992, Plaintiffs instituted Case No. 654274 in the Superior Court of the state of California by filing their petition and complaint. (Herein, "the Action.") Plaintiffs siroon9.wp Settlement Agreement re Otay Valleý Road Widening November 25, 1992 3 Page 3 -3 -II by the Action allege, among other things, that THE CITY in adopting the foregoing resolutions and in certifying the adequacy of the EIR proceeded without or in excess of jurisdiction; failed to provide Plaintiffs a fair hearing; and abused its discretion. Based thereon, Plaintiffs seek issuance of a peremptory writ of administrative/traditional mandamus directing THE CITY to -set aside and revoke the foregaing resolutions and the certification of the adequacy of the EIR; seek a declaration that the foregoing resolutions and EIR are illegal, invalid and void; and seek other relief. THE CITY claims and contends that the foregoing resolutions and the EIR and each and everyone of them are valid, enforceable and consistent with all legal requirements, and that Plaintiffs are entitled to no relief. 8. Settlement Not An Admission of Liability. The parties by this settlement do not admit or acknowledge that the position of the other is correct, but enter into this settlement for the purpose of minimizing their risk; avoiding expensive and protracted litigation; and for the other purposes identified herein. 9. Assessment Imposed on Affected Parcels. THE CITY has determined that the net assessable square footage, credits allocated to and final confirmed assessment levied against each of the Parcels is as follows: Assess- Net Assess- Slope Credit Improvement Final Con- ment No. able Acreaqe Credit firmed Assessment 72 5.15 $ -0- $ 8,028 $ 96,323 73 5.21 -0- 8,122 97,445 74 5.19 18,949 8,090 78,123 79 5.30 28,096 8,262 71,032 80 4.24 -0- 6,610 79,303 81 3.74 -0- 5,830 69,951 10. General Intent of Aqreement By the foregoing resolutions identified in Recitals 3, 4 and 5 hereto, THE CITY determined to and did levy assessments on all properties within AD 90-2 at the rate of approximately $.4652 per net assessable square foot. The parties have agreed that, in settlement of the Action, the Final Confirmed Assessments for the affected parcels specified in Recital 9 hereto shall be partially prepaid from the proceeds of loans made by the City to the Plaintiffs pursuant to the provisions of this Agreement so that the remaining unpaid assessments against such affected parcels following such prepayment shall be approximately $~.275 per net assessable square foot. The parties have further agreed that such loans shall be repaid in accordance with the terms and provisions of this Agreement. 11. City Representations Reqardinq Basis for Calculation for Assessment. THE CITY represents and warrants that the following figures calculated by THE CITY set forth in subparagraph (e) below truly siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 4 Page 4 /) -J/1 ~ _'J "'--' and correctly reflect the following as to each Assessment Parcel: (a) the Final Confirmed Assessment is calculated by multiplying the assessment rate of $0.4652 per net assessable square foot by the total net assessable square footage of each of the Assessment Parcels and deducting slope and improvement credits therefrom; (b) the Unpaid Assessment is calculated by multiplying the assessment rate of $0.275 per net assessable square foot times the total net assessable square footage of each Assessment Parcel without further reduction due to slope or improvement credits; (c) the Assessment Prepayment was calculated by deducting the Unpaid Assessment from the Final Confirmed Assessment; and, (d) the Prepayment Amount, i.e., the amount of the loan proceeds applicable to each respective parcel, was calculated by deducting from the Assessment Prepayment the financing costs which would otherwise have been attributable to the Assessment Prepayment had bonds been issued to represent such remainder; (e) Specifically, the following applies: Assess- Final Con- Unpaid Assessment PrepaYment ment No. firmed Ass- Assessment PrepaYment Amount essment 72 $96,323.00 $61,691.85 $34,631.15 $33,101. 34 73 $97,445.00 62,410.59 $35,034.41 $33,486.80 Total North Parcels: $69.665.56 $66.588.14 80 $79,303.00 50,790.96 $28,512.04 $27,252.54 81 $69,951. 00 44,801.46 $25.149.54 $24.038.58 Total South Parcels: $53,661.58 $51,291.12 74 $78,123.00 $62,171.01 $15,951.99 $15,247.33 79 $71,032.00 63,488.70 7,543.30 $ 7.210.16 Total East Parcels: $23,495.29 $22.457.49 12. Existinq Litiqation and Applicable Statutes of Limitations. The parties hereto understand and believe that (1) the Action is the only pending litigation in which the resolutions identified in Recitals 3, 4 and 5 hereto, and the EIR, and any of them, are challenged; and (2) that applicable statutes of limitation have expired and preclude the commencement of any such siroon9.wp settlement Agreement re otay Valley Road Widening November 25, 1992 5 Page 5 3-/3 action, except as provided in Paragraph J, infra. 13. Attornev Fees and Other Costs Incurred bv Ecoloqv. THE CITY has been provided with appropriate invoices, billings, and all other appropriate documentation and has satisfied itself that ECOLOGY AUTO WRECKING has paid in excess of THIRTY TWO THOUSAND FIVE HUNDRED DOLLARS ($32,500) for attorneys' fees, expert fees and consulting fees. Those fees were incurred for (1) presentations made for and on behalf of ECOLOGY at the .administrative level when the foregoing resolutions were before the City Council of the City of Chula Vista for its review and consideration; and (2) this litigation. II. CONDITIONS PRECEDENT NOW, THEREFORE, the parties irrevocably agree that if the duties of Plaintiffs are performed as set forth in subparagraph II.A, and the condition precedent set forth in subparagraph II.B. occurs as therein stated, the rights and duties' set forth in the subsequent section 111- ("Obligatory Provisions") shall be in full force and effect; otherwise, they shall be of no force and effect whatsoever. A. Plaintiffs, who have made application for Special Permits from the Agency permitting uses specified below on the Lots, and will, within 5 days, amend such application to request a Special Permit for Lien Sale of Impounded Vehicles to be effective if and when the City's Zoning Code is amended to allow said use by Special Permit, agree to diligently prosecute said applications, and Agency will, to the best of its efforts, cause the expeditious processing of same. B. Plaintiff Turecek will deliver to the City the sum of $2,500.00 to be applied to a portion of staff processing costs, and therefrom permit the City to pay the City's total costs for processing a zone text change to permit a land use, to wit: "the lien sale of impounded vehicles", to occur in an I-P designated zone subject to securing a conditional use/special permit ("Lien Sale Zone Text Change"). All costs for processing the Lien Sale Zone Text Change in excess of $2,500.00 shall be borne by the City, including, but not limited to, staff time, outside consultants, environmental reports and any other such expense. Nothing herein shall commit the city to incur litigation costs regarding the Lien Sale Zone Text Change. C. Without constituting a covenant to cause same to happen, the condition precedents ("Condition Precedents") to the effectiveness of the Obligatory provisions shall be as follows: J Condition Precedent No. L Initiation of Lien Sale Zone Text Change Processing. City shall commence, within 20 days of the effective date of this Agreement, an initial study for the Lien Sale Zone Text Change, which shall be deemed to be the initiation of the process to accomplish a Lien Sale Zone Text Change. Nothing herein contractually commits the City to siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 6 Page 6 ,j ~ If implement the Lien Sale Zone Text Change. Condition Precedent No. 2. Existing Entitlement Special Permits are Granted. The Agency shall, within 20 days after the effective date of this Agreement, grant Plaintiffs Special Permits ("Existing Zoning Special Permits") covering the Lots listed below in this subparagraph II C.2.(1) through (3) and for the uses indicated for those Lots in that listing, for the terms indicated therein and on conditions no more onerous than those set forth in section II.C.2.a. (1) Lots 12, 13, 21 and 22 for (1) auto- dismantling and sales of auto parts uses, and (2) scrap metal collection,-compaction, cutting, shredding in preparation for the scrap market; and other related uses, for a term not less than 13 years; (2) Lot 14 for (1) storage, maintenance and repair of heavy equipment; (2) support equipment and vehicles requisite to general contracting; (3) storage and distribution of fuel; (4) general contractor's offices, shops and related storage of parts, tools, machinery, etc.; (4) processing of construction site residue for reuse, recycling, or sale; and related uses, for a term not less than 13 years; (3) Lot 20 for impound, storage and dismantling of automobiles, general offices and storage of records and related uses for a term of not less than 13 years; a. Conditions Attached to Existing Zoning Special Permits. The Conditions Precedent will be deemed to have been met if the Special Permits above mentioned are issued on conditions no more onerous than the following: (1) Plans shall be submitted in an accepta- ble form to the City within three (3) months after the Special Permit has been approved for review to the otay Valley Road Project Area Committee and for approval by the Agency indicating code-required off-street parking; landscape planting/irrigation; fencing and other appropriate comparable-cost screening measures to ameliorate adverse visual siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 7 Page 7 .3 -/5 impacts. The plans shall be prepared by a Registered Landscape Architect- Plans approved by the City shall be implemented by the Permittee ("Plans"). Such Plans shall be implemented within eighteen (18) months of their approval by the City. (2) The Special Permits shall become void and ineffective if not utilized within one year from effective date thereof, in accordance with Section 19.14.260 of the municipal code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. (3) Should such final Special Permits issue, any failure by the permittee under any Special Permit to fulfill any condition or to proceed thereunder, or otherwise violate same, such failure or violation shall not affect the validity of any other Final Special Permit. Condition Precedent No. 3. Future Zoning Special Permits are Granted. If the Plaintiff who is the owner of Lot 20 ("Lot 20 Plaintiff") amends his pending Special Permit application in a manner and form reasonably acceptable to the City in 5 days after the effective date of this Agreement to request a Special Permit for Lien Sale of Impounded Vehicles on the condition that, and not effective until, the zoning code is amended to allow said use by Special Permit in an IP Zone ("Lien Sales Special Permit"), an additional Condition Precedent (Le., Condition Precedent No. 3) is as follows: The Agency shall, within 20 days after the effective date of this Agreement, grant Lot 20 Plaintiff a prospective Lien Sales Special Permit covering the Lot 20, to be effective if the City eventually adopts the Lien Sale Zone Text Change, which Lien Sales Special Permit will permit the use of said Lot 20 for lien sales of impounded vehicles for a term of 13 years on conditions no more onerous than those set forth above as conditions for Existing Zoning Special Permits. D. Rules Interpretinq the Occurrence of a Condition Precedent. siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 8 Page 8 q-/b '- 1. The issuance of the Specia~ Permits shall be final for purposes of completing the Condition Precedent in this Sub- paragraph II.B. upon the expiration of any period for requesting reconsideration of the decision to issue such Special Permits under the ordinance and codes of the City or the Agency. Should the City have the power, the City may waive any reconsideration period that may exist by so stating in any resolution issuing such Special Permits, and upon so doing, the Special Permit shall be deemed final w~en the resolution is effective. 2. If such uses or any of them do not require a Special Permit because they are now permitted as of right by virtue of the zone in which the Lots are currently located, then the city and the Agency shall issue a letter stating such uses are permitted as of right and do not require a Special Permit or any other permit. 3. All Plaintiffs will be deemed to have accepted more onerous conditions if they fail to deliver written notice of objection to same within 15 days after final imposition of same. Upon such acceptance, the Conditions Precedent will be deemed to have been met. 4. If the Conditions Precedent do not occur within the time provided, but do occur prior to delivery to the City by any of the Plaintiffs of a written renunciation of the Agreement on the basis that the Conditions Precedent did not occur within the time frames stated, the Plaintiffs waive the right to thereafter declare that the Conditions Precedent did not occur, and the Conditions Precedent will be deemed to have timely occurred. III. OBLIGATORY PROVISIONS NOW, THEREFORE, for and in consideration of performance by the parties of the respective promises made herein, and on the occurrence of the Conditions Precedent hereinabove set forth in Section II., the parties agree and promise as follows: A. Recitals Included. The foregoing Recitals are incorporated herein and are agreed to, confirmed and ratified and constitute a part of this Agreement. B. Omitted. c. citv Dutv to Make Loans. Upon receipt of title insurance in the amount of the loans, determination of a loan (as fully subordinated) to value ratio of less than or equal to 80%, and receipt of an "additional insured" endorsement on the Plaintiff's property insurance, THE CITY will make two loans as follows: one loan to CHARLES B. SIROONIAN, LINDA L. MANDEL, CHARLES D. PRATTY II, LOUIS P. PRATTY, and CAROLINE A. PRATTY in the principal amount of $66,588.14 to be siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 9 Page 9 ;¡ . 7 -.5 r / evidenced by a note secured by deed of trust ("Note") and secured by a Trust Deed recorded against Lots 12 and 13; and one loan to OTAY INDUSTRIAL PARK in the principal amount of $73,748.61 to be evidenced by a note secured by a deed of trust ("Note") and secured by a Trust Deed recorded against Lots 21 and 22. Immediately upon making the loans referred to hereinabove, -THE CITY shall transfer the proceeds of the loans to the Improvement Fund of AD 90-2 and shall credit such amounts as cash payments against the Final Confirmed Assessment on each of the respective Assessment Nos. 72, 73, 80, 81, 74 and 79. As a result of applying the proceeds of the loans to the Prepayment Amount, the Unpaid Assessment shall be the amount of the remaining unpaid assessment levied against each of the respective parcels pursuant to AD 90-2. D. Plaintiff's Dutv Not to Contest Formation of Assessment District. Plaintiffs, and each and everyone of them, will not con- test or dispute the formation of AD 90-2, or the City's authority to form same, or any alleged defects in the City's attempt to form same, including alleged defects or omissions in the environmental review or the assessment district proceedings, the levy and collection of an assessment in the amount of the Unpaid Assessment or the issuance of bonds for the assessment district representing the unpaid assessments, including the Unpaid Assessments, on properties within AD 90-2. The "cash paydown period", which is the period of time an assessed parcel owner has within which to paydown an assessment without charge for financing costs, shall be extended until 15 days after the effective date of this agreement, during which time the Plaintiffs shall have the option to payoff all or a portion of the Unpaid Assessment at the "cash paydown price" (Le., at or about .9558 of the Unpaid Assessment amount) or, thereafter, to make annual payments on said Unpaid Assessment calculated in the same manner as is applicable to all other parcels within AD 90-2, or to payoff all or any portion of the then remaining balance of the Unpaid Assessment during the term of the assessment period in the same manner as is applicable to all parcels within AD 90-2. The actual annual payment required will depend, in part on the interest rates at which the bonds are sold which rates cannot now be determined. E. Form and Contents of Notes. The two Notes shall have the form and content of the Notes attached hereto as Exhibit A, (Herein, "the Notes.") but if not attached, each of the promissory notes shall contain customary and usual provisions and, in addition, shall provide as follows: a. Payment will commence, only at such time as a . building or other development permit, or permits, as identified below is, or are, issued on any of the parcels which are the security for that Note, (Le., on Parcel 72 or Parcel 73 for the North siroon9.wp Sßttlement Agreement re otay Valley Road Widening November 25, 1992 10 Page 10 3-/1 Parcels Note¡ and on Parcels 80, 81, 74 or 79 for the South and East Parcels Note), but not later than December 31, 2017. Issuance of a building permit will trigger the commencement of the repayment obligation only if the City's Director of Building reasonably determines that the value of the authorized construction under such permit exceeds $500,000¡ or reasonably determines that the value of all improvements permitted since the effective date of this Agreement exceeds $1,000,000.00, whichever occurs sooner ("Repayment Trigger"), except that any construction activity needed to specifically satisfy conditions of renewal or issuance of a final Special Permit shall not be applicable toward calculating the Repayment Trigger. b. No Note shall bear interest. c. If the Due Date (December 31, 2017) occurs before the Repayment Trigger occurs, then the Note is due and payable in full on the Due Date. Otherwise, commencing on the first day of the next succeeding month after the date on which the Repayment Trigger occurs, the Note shall be payable in equal monthly installments in an amount that will result in the complete satisfaction of the Note by the Due Date, or 10 years, whichever is less. If the payment commencement date is more than ten (10) years before the Due Date, then the Note shall have a term of ten (10) years~ d. It is the intention of the parties that the Plaintiffs not be personally liable on the promissory notes but that the land will act as the security for their repayment. F. Trust Deeds: Number: Securitv: Subordination. Each Note will be secured by a Deed of Trust. The North Parcels Note will be secured by a Deed of Trust on Parcels 72 and 73, and the South and East Parcels Note will be secured by a Deed of Trust on Parcels 80 and 81, but repayment of the Note that is secured by Parcels 80 and 81 will commence if the Repayment Trigger occurs as to anyone or more of Parcels 74, 79, 80 and 81. The Deeds of Trust shall be subordinate to any future deed of trust to secure a loan ("New Note") from a lender ("Lender") provided (a) the proceeds of the New Note shall be used first to pay in full any other loans secured by the property, any mechanic's liens or other charges levied or leviable against the property becau?e of any improvements made to the property by Trustor, and any trust deeds securing any other such loans, liens or other charges shall be reconveyed to the property owner as to any property for which the city Deed of Trust is security; (b) the total amount of the New Note shall not exceed eighty percent siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 11 Page 11 J -/1 (80%) of the value, as determined by the Lender making the New Note, of the property as improved by Trustor or his or her successor in interest; (c) the New Note shall not bear interest, exclusive of late charges, penalties, or fees payable in case of default, greater than fifteen (15%) per annum; and (d) the remaining terms and provisions of the New Note shall be as- required by the Lender. Within ten days after receipt of a written request therefor from Trustor and proof of the aforementioned conditions having been met, city/Beneficiary shall execute a separate agreement of subordination, in recordable form, in favor of the lender of the New Note to which the City Deed of Trust will be thereby subordinated, and deliver the subordination agreement to the Lender or Lender's title company designated by Trustor. The terms of any such subordination agreement shall prevail over the subordination provisions provided in the City Deed of Trust or this agreement. G. Specified Contents of Trust Deeds. The City Deeds of Trust will be executed in favor of THE CITY and will contain the following: (a) At the top of each City Deed of Trust the word "subordinated" must appear in at least lO-point bold face type unless it is typewritten, and if it is typewritten the term must appear in capital letters and must be underlined. civil Code section 2953.2(a). (bJ. Immediately following the word "subordinated", the type of the security instrument must be identified--to wit, a Trust Deed. (c) Immediately below the above information, the statutory notice must appear in capital letters if typewritten and at least in 8-point bold-face type as follows: "NOTICE: THIS DEED OF TRUST CONTAINS A SUBORDINATION CLAUSE WHICH MAY RESULT IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT." (d) The following notice must appear directly above the signature siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 J.2 Page 12 "~jL) ..J. of the beneficiary, and the notice must be in at least a-point bold face type and, if typed, must be in capital letters: "NOTICE: THIS DEED OF TRUST CONTAINS A SUBORDINATION CLAUSE WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY INSTRUMENT TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND." (e) The language reflecting the'agreement of the parties as contained in paragraph III.F. above. H. PaYment of Plaintiffs Attornev's Fees. . THE CITY agrees to pay within thirty (30) days after the effective date of this Agreement a total of $32,500 to ECOLOGY WRECKING YARD for attorneys' fees, expert fees and consultant fees incurred by it to date. Otherwise, the parties, and each and everyone of them, will bear their own costs, including but not limited to, attorneys' fees, expert fees and consultant fees. I. Dismissal of Action. Upon the occurrence of the Conditions Precedent, Plaintiffs, and each and everyone of them, agree to dismiss the Action in its entirety without prejudice which designation (Le., "without prejudice") shall not be construed as inconsistent with the provisions of this Agreement. However, should the Action, or any cause of action pleaded in the Action, or any cause of action which could have been pleaded based on the same set of facts alleged in the Action be commenced under circumstances not authorized by this Agreement, City may tender the release contained herein and otherwise available statute of limitations as a complete defense in support of a motion for dismissal. J. Set Aside of Aqreement on Successful Collateral Attack on Aqreement. . Should a third party commence an action or proceeding challenging this Agreement, or any part of it, THE CITY agrees to defend vigorously such action or proceeding at its own individual cost and expense but with the vigorous cooperation of Plaintiffs, and each of them. The pendency of such an action or proceeding shall not, by itself, cause the delay or postponement of the implementation and the performance by the parties of their executory obligations as provided herein. In the event that injunctive, declaratory or writ relief is ordered restraining and enjoining THE CITY from giving effect to this Agreement or determining by a final judgment that this Agreement is unenforceable and/or invalid, the parties hereto agree that the siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 1.3 Page 13 .3 -.:1-/ Action may be recommenced in its entirety upon return of all consideration for this Agreement to the parties, but Plaintiffs' remedy, jointly or individually, if successful, will be limited to damages and in an amount not in excess of the then present value of the remaining amount of the assessment against each of their respective parcels, and attorney fees and costs may be awarded to the prevailing party. Specifically, Plaintiffs, either jointly or individually, shall not be entitled to injunc- .tive, declaratory or any other form of equitable or other relief whatsoever the effect of which would, directly or indirectly, invalidate or have the effect of invalidating any or all of the following, or any combination thereof: the proceedings to form AD 90-2, the levy of the assessments within AD 90-2 as confirmed in the AD 90-2 proceedings, the assessment liens on the proper- ties within AD 90-2 upon which unpaid assessments remain, the collection of the unpaid assessments on the properties within AD 90-2 upon which unpaid assessments remain and any bonds issued by the City representing the unpaid assessments, or any portion thereof, within AD 90-2. Subject to the limitation on remedies contained in the preceding sentence, should the action be recommenced, the parties agree that Plaintiffs have not waived, relinquished nor shall they be legally or equitably estopped from asserting any of the causes of action now sought in the Action, but that their sole remedy, jointly or individually, if successful, is limited to damages and in an amount not in excess of the then present value of the remaining amount of the assessment against each of their respective parcels. It is agreed that all parties reserve any and all other rights they may have other than as agreed to hereinabove. K. Set Aside of Aqreement If Final Special Permits Not Issued. If at any time between the effective date of this Agreement and December 31, 2017, THE CITY denies a Plaintiff a Special Permit, or other such required permit which may be necessary for the continued use of the Lots for the use identified above upon the conditions herein specified, then such Plaintiff may give the City written notice of the rescission of the Agreement, and, upon tender of the return of all consideration given by the City (The Special Permits issued to non-rescinding Plaintiffs need not be re-tendered.), the Action may be recommenced in its entirety, except that the Plaintiffs' sole remedy, if they are successful on the causes of action, shall be damages and in an amount not in excess of the then present value of the remaining amount of the assessment against each of their respective parcels. Specifically, Plaintiffs, either jointly or individually, shall not be entitled to injunctive, declaratory or any other form of equitable or other relief whatsoever the effect of which would, directly or indirectly, invalidate or have the effect of invalidating any or all of the following, or any combination thereof: the proceedings to form AD 90-2, the levy of the siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 14 Page 14 /) . '] ,,-)-2.~ assessments within AD 90-2 as confirmed in the AD 90-2 proceedings, the assessment liens on the properties within AD 90- 2 upon which unpaid assessments remain, the collection of the unpaid assessments on the properties within AD 90-2 upon which unpaid assessments remain and any bonds issued by the City-repre- senting the unpaid assessments, or any portion thereof, within AD 90-2. Subject to the limitation on remedies contained in the preceding sentence, should the action be recommenced, the parties agree that rescinding Plaintiffs have not waived, relinquished nor shall they be legally or equitably estopped from asserting any of the causes of action now sought in the Action, but that their sole remedy, jointly or individually, if successful, is limited to damages and in an amount not in excess of the then present value of the Final Confirmed Assessment against each of their respective parcels. It is agreed that all parties reserve any and all other rights they may have other than as agreed to hereinabove. K 1/2. Set Aside of Agreement as to Lot 20 if Lien Sales Zone Text Change Not Made or Lien Sales Special Permit Related Thereto Not Granted. A. IP Zone Change Application. The Lot 20 Plaintiff may apply to the City for a Lien Sale Zone Text Change ("Lien Sales Zone Text Change Application") to permit the lien sales of impounded vehicles in the I-P Zone of the City. B. Use Allowed as "of right". If the city grants such Lien Sales Zone Text Change, the Lot 20 Plaintiff shall have no further rights to set aside this Agreement under this paragraph (K 1/2). C. Use Denied. If the city denies such Lien Sales' Zone Text Change Application, the Lot 20 Plaintiff shall have the special set aside right hereinbelow set forth in Subparagraph D ("Lot 20 Set Aside Right"). D. Lot 20 Set Aside Right. If the provisions of subparagraph C above apply, the Lot 20 Plaintiff shall have the following special right to set aside this agreement: 1. Such Lot 20 Plaintiff may give the City written notice of the rescission of the Agreement on the basis of this provision, and, upon tender of the return of all consid- eration given by the City, including any Special Permits issued to the Lot 20 Plaintiff for any of the Lots under this Agreement and $32;500 paid by the city, the parties hereto agree that the Action may be recommenced in its entirety, except tþat the Lot 20 Plaintiffs' sole remedy, if they are successful on the causes of action, shall be damages and in an amount not in excess of the then present value of the remaining amount of the assessment against Lot 20. Specifically, Lot 20 Plaintiff, either jointly or individually, shall not be entitled to injunctive, declaratory or any other form of equitable or other relief whatsoever the effect of which would, directly or indirectly, invalidate or have the effect of invalidating any or all of the following, or any siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 15 Page 15 ';' ')-1.:J -.J C>'- combination thereof: the proceedings to form AD 90-2, the levy of the assessments within AD 90-2 as confirmed in the AD 90-2 proceedings, the assessment liens on the properties within AD 90- 2 upon which unpaid assessments remain, the collection of the unpaid assessments on the properties within AD 90-2 upon which unpaid assessments remain and any bonds issued by the City repre- senting the unpaid assessments, or any portion thereof, within AD 90-2. Subject to the limitation on remedies contained in the preceding sentence, should the action be recommenced, the parties agree that rescinding Lot 20 Plaintiff has not waived, re- linquished nor shall it be legally or equitably estopped from asserting any of the causes of action now sought in the Action, but that its sole remedy, jointly or individually, if successful, is limited to damages and in an amount not in excess of the then present value of the Final Confirmed Assessment.against Lot 20. ~ Specific Duty to Return Attornev Fee Consideration Paid by City. Should ECOLOGY be one of the rescinding Plaintiffs who re- commence the litigation (in accordance with the rights provided herein), then it is agreed that ECOLOGY will restore to and reimburse to THE CITY the sum of $32,500.00 representing the total amount of the payment provided for in Paragraph H, supra. If ECOLOGY is not one of the rescinding Plaintiffs who recommence such litigation, then only the rescinding Plaintiffs are require to pay to THE CITY said sum of $32,500.00. M. Waiver of Statutes of Limitations if Aqreement Set Aside. THE CITY waives and relinquishes any and all limitation periods, including but not limited to those set forth in the California Environmental Quality Act, Public Resources Code Section 21000, et seq.; those set forth in Streets and Highways Code Section 10400; and such other limitation period, legal, equitable or otherwise, which might otherwise be applicable but for the agreement of the parties as set forth herein, but only as to the rescinding Plaintiffs, only until 30 days after (1) final judgement is entered effectively setting aside or invalidating this Agreement; (2) renewal of a Special Permit is sought and denied; or (3) as to the Lot 20 Plaintiff, the Lot 20 Set Aside Right has accrued, but in no event later than December 31, 2017. The foregoing waiver and relinquishment is intended to be broadly construed to also apply to such limitation periods which may be otherwise applicable by reason of a failure to make service of process, failure to request the matter be set for trial or otherwise. Finally, the parties will cooperate to obtain an order providing for the foregoing. The waiver and relinquishment of the limitations periods set forth in this paragraph shall not constitute a waiver or relinquishment in any way whatsoever of nor diminish in any way whatsoever the limitation of the remedies of Plaintiffs set forth in Paragraphs J. and K. hereto. N. Benefit of Reimbursement Districts. siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 1.6 Page 1.6 -? - ,1.'1 ,J . The Unpaid Assessment will be subject to reduction if a reimbursement district or districts are formed and reimbursement fees collected from such district or districts are allocated to AD 90-2 and such fees are deposited into the Redemption Fund for AD 90-2 for the purpose of calling bonds of AD 90-2. Any such reduction shall be pro rata among all properties within AD 90-2 which were subject to the levy of an assessment for AD 90-2. For example, it is contemplated that there will be an Auto Park Reimbursement District adopted which may result in a reduction of the balance due on the Final Confirmed Assessment. Q.... Siqnature in Counterparts. This Agreement may be signed in counterparts and the signature pages may be attached hereto. E. Parties Receipt of Leqal Advice. All parties hereto have received independent legal advice from their respective attorneys regarding the advisability of entering into this Agreement. Q. Parol Evidence. Except as expressly stated herein, no party has made any statement or representation to any other party regarding any fact relied upon in entering into this Agreement, and no party hereto relies upon any such statement or representation in executing this Agreement. B. Investiqation. Each party hereto has made such investigation of the facts pertaining to this Agreement it deems necessary. ,â. Aqreement Read and Understood. Each party hereto, responsible officer, or governing body thereof has read this Agreement and understands the contents thereof. 1'. Mutual Limited Release. By this mutual limited release, THE CITY and Agency release the Plaintiffs from any and all causes of action, and demands, and the Plaintiffs release THE CITY, Agency, TIM NADER, SHIRLEY GRASSER-HORTON, JERRY RINDONE, DAVID MALCOLM, and LEONARD MOORE, in their capacity as Members of the City Council of The City of Chula Vista; and JOHN GOSS, in his capacity as City Manager of The City of Chula Vista, from any and all causes of action and demands alleged in or related to the allegations contained in the complaint and petition in the Action. This release does not apply to Defendants inter se nor does it apply to Plaintiffs inter se. with such exceptions, the Defendants and Plaintiffs do hereby release and discharge the other from any and1all claims, demands or causes of action, known or unknown, which the Defendants or Plaintiffs now own or hold, or have at any time heretofore owned or held as against the other arising from the facts, events, causes of action and rights to relief alleged in the complaint and petition in the Action and such claims, demands or causes of action which reasonably relate thereto. This release does not apply to riqhts and duties created by siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 17 Page 17 /j~'J5 ..)ex.. this Aqreement. !!. Notice- Any notice to be given or document to be transmitted hereunder shall be in writing and shall be deemed given as of the date of actual delivery to the address or addresses set forth below. All of such notices shall be directed to the parties, with copies as indicated, at the following addresses, unless notice of a different address is given in accordance with this section: Notice as-to CHARLES B. SIROONIAN, LINDA L. MANDEL, CHARLES D. PRATTY II, LOUIS P. PRATTY, CAROLINE A. PRATTYand/or ECOLOGY AUTO WRECKING: To: Charles D. pratty II Ecology Auto Wrecking 13780 E. Imperial Highway Santa Fe Springs, CA 90670 With a copy to: Worley, Schwartz, Garfield & Rice Attn: Charles V. Berwanger, Esq. William J. Schwartz, Jr., Esq. 1150 First Interstate Plaza 401 "B" Street San Diego, CA 92101 Notice as to OTAY INDUSTRIAL PARK, KARL TURECEK and/or CHARLES TURECEK: To: Karl Turecek Otay Industrial Park 2423 Camino del Rio South Suite 212 San Diego, CA 92018 With a copy to: Sullivan, Delafield, McDonald, Allen & Middendorf Attn: William A. Bramley, III 1200 Third Avenue, Suite 1405 San Diego, CA 92101 Notice as to THE CITY and Agency and each and everyone of THE CITY Defendants to: To: John Goss, city Manager City of Chula Vista . 276 Fourth Avenue Chula Vista, CA 91910 with a copy to: siroon9.wp Settlement Agreement re Otay Valley Road Widening November 25, 1992 18 Page 18 -? - /-¡ ¿ .J c-'- Bruce M. Boogaard, City Attorney City of Chula Vista 276 Fourth Avenue chula Vista, CA 91910 V. Execution of collateral documents. Each party hereto agrees to execute all such documents as may be necessary or helpful to carry out the provisions of this Agreement, and each party irrevocably authorizes its attorney to execute such documents. ~. Entire Aqreement. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and is to supersede all prior and contemporaneous oral and written agreements and discussions. This Agreement may be amended only in writing. X. No Construction Aqainst Draftinq Partv. All parties have cooperated in drafting and preparing this Agreement. Any construction to be made in this Agreement shall not be construed against any party. X. No Admission of Liability. The parties hereto declare that this is a settle~ent of disputed claims, not an admission of liability on the part of any party hereto. k. Successors and Assiqns. This Agreement shall inure to.the benefit of the parties hereto and their assigns, successors, heirs, executors, administrators, officers, directors, employees, servants, insurers, privys, attorneys and agents. AA. Attorney Fees and Costs. In the event any action or proceeding is commenced between the parties hereto with respect to this Agreement, the prevailing parties shall be entitled to recover fees, costs, and expenses incurred by it in connection with such action or proceeding, including reasonable attorneys' fees. BB. Authority of Siqnatories. The parties represent and warrant that the signatories hereto are authorized and empowered to execute and enter into this Agreement. THE CITY further represents that its City Council has adopted any and all required Resolutions and taken all other action necessary to approve and authorize this Agreement. CC. Esto~pel Certificates. Plaintiffs will issue such estoppel certificates for reliance by bond underwriters and bond holders of AD 90-2 bonds, as may be requested by the City certifying that the terms and conditions of.this agreement are in full force and effect, and cooperate with the City in executing such documentation as may be required by the city, city's bond counsel, or Assessment District underwriters consistent with the terms of this Agreement including acknowledgement as to the limitation of remedies. siroon9.wp Settlement Agreement re otay Valley Road Widening November 25, 1992 19 Page 19 A~7 ¡¡-30-0') .! i pj~ - ,JC rEOM WSG&R ~.::: ple92J.8648 TO 42~¡;181 00 , ---' Ea:I...œY DELTA POD5/DD5 ?04 PØ2 i-IJV :;ø . 92 lØ'B2 --' .. f -"'" .. . ~t. ....:;"'~ -. ..."'-- - ~ .. - ~ ~ :.. ... ... <D ...... -- ..... ."'" :... ... 'ri<P!""" ~ .. 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",,'" on ..-, -II!: ~ 9 .2. ... ... -- '-"'-- ... ,.. ~... ~ """ ... -, - ... .,.,..-'" of- - iIooU - .. - .. !J\~ .. ~~,dO1\8 þ_ee~. uœ -~GØD 'Sto'll:l ØtI - øG cø. ¿, ~I ~1.~I~-ØØ :=-~ ~, 1)"-' ~ \ ...........'-- ..--" .. 0<:01 ...", ...- .- \ ~ U. ,.., .. . .... \ \ R-95% 1:3100215048 "J . A 11-30-62 10'00^" ,j<2( >002 ;;12 '1'0)-25-'92 ..gl~~:;!,~__~C?JLOGY DELTR -------- -- 692PØ3 NOU 25 . 92 15:30 DATED; 1/~;;'~ ~-;... )JI.TEDt - I ¡"'J..S..q~ C'J!AY :Dß)U8'r1UAL 1I'AØ. a C&J.i!œnla a.neal pari:Þenhip. DATED: BY' D1U.a~' General partMr DATBD: //-;;'S -G'é}.... ~' : ç "1"""",,, :', "'~ ~ r DATEDs / J-.;L. 5 -Cf;r. ~ secretarY - TIm ~ft OF ~ VIsn. II municipal corporation. DÞ-TED: 'l'1H .MAtJm. it-a Hayo~ 'r1Œ ~ AGUCY 01' '.L'Ø cITY 01' CJWLA VUTA, . po111:.ioa1 .~1v1.1on of u- stat- of California. DAT~t BY' 'fIX R.1DEll, 1". Chairman AtteB~S Approved a. t:o !'Orlll B8-verly Authulet, city Clerk Bruoe 1(. B~09ii.aJ:d. city 1\.t;t;0rn8Y i aircon9 . wp Se.~tl.mant Agreement re O~y valley Road wil5.enin9 I Ncve=er <Ie. 19W2 11 P898 :n. 1 I 3-21 11-25-92 10.;511J.! FROM WSG&R TO 4256184 POO2!OO2 1'0.1-25-'92 J.£D 19:38 ID:CITY IF OUJI V[STA 18.. H):FFIX 619 691 51?:! I!35Ia Pe3 --- DA'nD; ; , x.oux8 P. PJIa'l"n 1)AftD ; JU,ftf øu:, . California , mœml 11~'l-c:-q'l 1111 Jicat.oGy ~ WUClaJIO,.. ea1.itonña qœparation, J:IA'l'BlH I!IIt , it:. ~id8nt. DA'l'SDI BY: , 1b1 .8C2:~ - em 01' ~ Vn'rA, II llilmioipal C80Z'p_to!cs1, DA TEe I ~ aø.ltam, t... Her- 'ŒI UIØVZLOPICBJIT MIKCY OJ' I!SB c:i:tn 07 cmn.r. V%S!l'A, .. pg~11:J.COIIl IlUbdivlaioD ot the State ~ ~lfornia, nA'1'ZJ); H. ßM DIma. its Chairman Att..t: Approy8l;l a. tg 'onI Beverly Authulet, C1ty Clerk 8rw:e X. Boog'au4. C1ty At:t:orJl8y ! 8UOO2151,VP 1i~~qcn1; AiraØon~ n Q-b:Iy valley Road W1deaUoo¡ IIOV8Jl])ar :¡S, IOg:¡.s. »ap 21 11-931( CITY 0. CIrot.,A VISTA 11-25-92 IO:39A)( POO3 #03 ..3~jo RESOLUTION NO- /~ 9ä RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE SETTLEMENT AGREEMENT BETWEEN THE CITY, AGENCY AND VARIOUS PARCEL OWNERS WITHIN THE OTAY VALLEY ROAD WIDENING ASSESSMENT DISTRICT, AD 90-2, AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAME ON BEHALF OF THE CITY OF CHULA VISTA NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the city of Chula Vista does hereby approve the Settlement Agreement between the city, Agency and various parcel owners within the Otay Valley Road Widening Assessment District, AD 90-2, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Chairman of the Redevelopment Agency of the City of Chula Vista is hereby directed to execute said Agreement for and on behalf of the Redevelopment Agency of the City Chula Vista. BE IT FURTHER RESOLVED that the sum of $100,000 is hereby appropriated from Account No. 996-9960-ST123 (balance of an Agency Loan Receivable from the City for City's Purchase of a Mitigation Site) and $72,836.75 from revenues the Agency expects to receive from the Agency's sale of the Right of Way to the Assessment District, 90-2. Presented by ~ ~ Chris Salomone, Director of Agency Community Development P:IIwmo\8aomcyWrnaRA.= 3~3/ Thö~ ~@@ ö!liTIt@IJïJi'dÌ<w!OOODw O@ff¡ç [b)OIIDUiJ~. 3 -3.L RESOLUTION NO. / {, ç ,.2.Lj RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SETTLEMENT AGREEMENT BETWEEN THE CITY, AGENCY AND, VARIOUS PARCEL OWNERS WITHIN THE OTAY VALLEY ROAD WIDENING ASSESSMENT DISTRICT, AD 90-2, AND AUTHORIZING THE MAYOR TO EXECUTE SAME ON BEHALF OF THE CITY OF CHULA VISTA NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula Vista does hereby approve the Settlement Agreement between the city, Agency and various parcel owners within the Otay Valley Road Widening Assessment District, AD 90-2, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby directed to execute said Agree nt for and on behalf of the City Chula vista. Presented by ~ ~ Chris Salomone, Director of Community Development F'lhomc"'_IsUooCC.= 3-33 ------------ \ -r'i ""0'. ROnCT LOCATION i \ I I 0 \ I A' , I I 0/ ! }----, \ I i «-- ~ I / I I I C:f-....... I --, I' s,~' , Þ< /' , ; <r' . / ---: ~ ,:.0 I' ¡ ~ I ' ',ii.¡NI~' 'i, / "" ...J ,I, ¡ I " , I , , " I ; I' "\, ~~ I I I I~.i in! ! i! ¡ I' \ I I I \\ I ' I i \ V \ COORS AMPHIlHEA"TER , SOAK CITY USA I I i CHULA VISTA PLANNING AND BUILDING DEPARTMENT R PROJECT ECOLOGY AUTO WRECKING PROJECT DESCRIPTION: APPUCANT: SPECIAL USE PERMIT N PROJECT 8311 Energy Way ADDRESS: Request Proposed time extension of the expiration date for the - existing special land use perm~ number OVRCPE 53/SLVP24 = LOCATOR lAtE NUMBER: until December 12, 2025. No additional construction or No Scale SUPO - 01-02 expansions 10 the permitted facility are being proposed. C:\myfiles~ocators\SUPO01 02.cdr 11/27/00