Loading...
HomeMy WebLinkAboutRDA Packet 2001/01/16 ~{ft- -T!- - - - ::: cm OF CHUlA VISTA TUUDAY, JANUARY 16, 2001 COUNCIL CHAMal.. 6:00 P.M. Puauc SIRVICU BUILDING (I_IDIATELY FOLLOWING 1MI CITY COUNCIL MIITING) JOINT MEETING OF THE REDEVELOPMENT AGENCY / CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, Padilla, Rindone, Salas, and Chair/Mayor Horton CONSENT ITEMS (Item 1 through 3) The staff recommendations regarding the fallowing item(s) listed under the Consent Calendar will be enaded by the Agency/Council by one motion without discussion unless an Agency/Council member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, pleose fill out a "Request to Speak Form" ovoiloble in the lobby ond submit it to the Secretory of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendor will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES: December 12, 2000; December 19, 2000 2. AGENCY APPROVING A REVISED OWNER PARTICIPATION AGREEMENT WITH RESOLUTION JOHN W. GIBSON, TRUSTEE (JOHN RYAN GIBSON, ERIC J. GIBSON, LUKE N. GIBSON TRUST, 875 ENERGY WAY) IN THE OTAY VALLEY ROAD REDEVELOPMENT AREA-John W. Gibson, Trustee of the John Ryan Gibson, Eric J. Gibson, Luke N. Gibson Trust, is the property owner and applicant for an expansion proposed for ABF Trucking Company. ABF Trucking Company holds a 10-year lease on the site. The Gibson Trust will build, own and maintain the improvements. The Owner Participation Agreement would allow the facility to expand by 2,304 square feet to a total building area of 8,822 square feet. [Community Development Director] STAFF RECOMMENDATION: Agency adopt the resolution. 3. AGENCY APPROVING A REVISED OWNER PARTICIPATION AGREEMENT WITH RESOLUTION GCE INDUSTRIES, INC., IN THE OTAY VALLEY ROAD REDEVELOPMENT AREA-GCE Industries, Inc. has been in business in the City of Chula Vista since 1980. In 1991, with assistance from the City and a $3.85 million Industrial Development Bond issuance, they were able to expand their facility AOINDA -2- JANUARY 16, 2000 from 23,000 to 100,000 sq. 11. Currently, the company occupies five buildings and leases another on six parcels in the Otay Valley Road Redevelopment Area. The company manufactures exotic metal products, electronic, pneumatic and hydraulic equipment and provides manufacturing support services. In order to increase the cost efficiency of its operations and increase production, GCE Industries, Inc. has a need to expand to provide space for additional equipment. The Owner Participation Agreement would allow the expansion on conditions agreed to by the company. [Community Development Director] STAFF RECOMMENDATION: Agency adopt the resolution. ORAL COMMUNICATIONS This is on opportunity for the general public to oddress the Redevelopment Agency/City Council on any subject molter within the Agency/Council's jurisdiction that is not on item on this ogendo. (State law, however, generally prohibits the Redevelopment Agency/City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Agency/Council on such a subject, please complete the "Request to Speak Under Oral Communications Form" ovailable in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speok, please give your nome and address for record purposes and follow up action. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, pleose fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 4.0. PUBLIC TO CONSIDER A REQUEST FOR A SPECIAL LAND USE PERMIT TO HEARING ESTABLISH A MIXED USE MEDICAL OFFICE/SINGLE-FAMILY RESIDENCE AT 257 GARRETT AVENUE-The applicant has requested a Special Land Use Permit to allow the establishment of a mixed use (medical office/single family residence) at 257 Garrett Avenue located within the Town Centre I Redevelopment Project Area. The proposed land use is permitted subject to the issuance of a Special Land Use Permit within the Central Commercial area of the Town Centre Redevelopment Plan; therefore, the proposal requires consideration by the Redevelopment Agency. The proposal is exempt from environmental review pursuant to the California Environmental Quality Act, Section 15303 of the California Code of Regulations (conversion of small structures). [Community Development Director] 4.b. AGENCY GRANTING A SPECIAL LAND USE PERMIT, LUP #TCI-OO-OO1, TO RESOLUTION RICHARD D. BLAINE AND MARGUERITE M. HUNG TO ESTABLISH A MIXED USE MEDICAL OFFICE/SINGLE-FAMILY RESIDENCE AT 257 GARRETT AVENUE STAFF RECOMMENDATION: Agency adopt the resolution. AOINDA .3. JANUARY 16,2000 OTHER BUSINESS 5. DIRECTOR'S REPORT(S) 6. CHAIR/MAYOR'S REPORT(S) a. Request for reconsideration of 5-year term for Jack-in-the-Box pole sign at the northeast corner of Bay Blvd. and J Street 7. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to an adjourned Redevelopment Agency meeting on January 23, 2001 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA December 12, 2000 6:00 P.M. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 7:45 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmernbers Davis, Padilla, Rindone, Salas, Chair/Mayor Horton ABSENT: Agency/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, City Clerk Bigelow CONSENT CALENDAR (Items I through 3) 1. APPROVAL OF MINUTES of November 14,2000 Staff recommendation: The minutes be approved. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on December 5, 2000, there were no actions taken which are required under the Brown Act to be reported except as follows: The Agency Attorney was directed to appeal the decision of Agency v. Rados Bros. (Case No. GIC734557-1) Staff recommendation: The letter be received and filed. 3. AGENCY RESOLUTION NO. 1707/COUNCIL RESOLUTION NO. 2000-464, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING AGREEMENT WITH ECONOMIC RESEARCH ASSOCIATES (ERA) TO PROVIDE A REGIONAL RETAIL CENTER MARKET AND FISCAL ANALYSIS In order for the City to pro actively plan for regional retail development, as well as be prepared to respond to any future regional retail center development proposals, it is important that Council and staff have a better understanding of the related economic, fiscal, land use, infrastructure and environmental implications. To that end, a project team is conducting a regional retail analysis as part of the General Plan update. The proposed amendment to an existing contract with Economic Research Associates will provide the regional retail market demand and fiscal assessments needed to complete the overall analysis. [Community Development Director] Staff Recommendation: Agency/Council adopt the resolution. Page I - Council/RDA Minutes I-I 12/12/00 CONSENT CALENDAR (Continued) ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 4. PUBLIC HEARING TO CONSIDER A GENERAL PLAN AMENDMENT AND SPECIFIC PLAN FOR A PROPOSED REDEVELOPMENT PROJECT AT THE NORTHWEST CORNER OF H STREET AND THIRD AVENUE TO BE KNOWN AS GATEWAY CHULA VISTA, LLC The Gateway Chula Vista project is located approximately halfway between Interstate 5 and Interstate 805, along H Street. The project is intended to infuse the area with a high intensity mid-rise, urban level of activity by providing space for a variety of commercial uses such as restaurants, professional offices, retail shops, and services. [Community Development Director] Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Redevelopment Manager Estes explained the items before Council for consideration, including the General Plan Amendment, the Negative Declaration and the mitigation measures to be taken. Tom McCabe, project architect, presented the site plan, architecture and landscaping proposed for the project, as well as its potential benefits to the City. Chair/Mayor Horton expressed concern about the heavy traffic along the H Street corridor. City Engineer Swanson responded that the traffic studies indicate that the traffic generated by the project will not exceed the growth management ordinance allowable levels of service; however, once all the other projects being planned for the area are built, the City may wish to define a new urban level of service standard for the downtown area. There will also be the opportunity to expand H Street to six lanes from Fourth Avenue to 805 in the future. Redevelopment Manager Estes stated that the developer is being required to provide a comprehensive transportation demand management plan to help mitigate some of the traffic issues. The developer is dedicating right-of-way along Third Avenue and H Street, providing for limited widening, and a new street improvement plan, including curbs, sidewalks, and lane striping, will also be provided. The City will retain the right to modify circulation patterns in and out of the site as necessary. Community Development Director Salomone commented that the traffic circulation and traffic standards of the City's urban core would be reviewed as part of the General Plan update. Councilmember Padilla expressed concern about potential traffic congestion and asked if H Street was exempted as a Class III arterial because of its freeway on-ramps. He also asked if traffic would exceed acceptable threshold standards for levels of service after build-out of this project. City Engineer Swanson responded that the City has no control over traffic on streets in the vicinity of freeways, especially when ramp metering is installed, and those areas are exempt from the threshold standards. He also stated that traffic would not exceed acceptable standards as a result of this project, but it could when a project other than those now planned in the area is built. Page 2 - Council/RDA Minutes 1-"-. 12/12/00 PUBLIC HEARINGS (Continued) Councilmember Rindone asked if it would be possible to acquire additional right-of-way or re- stripe H Street to provide an additional westbound traffic lane. City Engineer Swanson responded that while there is a wider area in front of the courthouse, re-striping is not possible because of the alignment ofH Street east of Third Avenue; a new lane configuration would not be safe because the eastbound and westbound lanes must line up on both sides of the intersection. Councilmember Rindone commented that the City needs to plan for the longer term, as well, and to take advantage of opportunities to acquire additional parcels as they become available for the future widening ofH Street. Councilmember Salas stated that with the development of projects such as Gateway, the City will experience the transformation from a small downtown environment into a more dense, urban environment that will be more inconvenient for vehicular traffic but more conducive to pedestrian traffic. Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. Gloria Harpenau, 355 H Street, stated that her property abuts the proposed project, and she was concerned about water drainage, noise and air pollution impacts. She asked that the City ensure that the drainage would be adequate so as not to flood her property and that a retaining wall of sufficient height be built to help reduce noise impacts from cars and delivery trucks. Mayor Horton indicated that Ms. Harpenau's drainage problems would not be intensified as a result of the project and that the retaining wall would be at least 6' in height. She also asked staff to include an additional condition regarding the size of trees to be planted along the common property line. There being no one else from the audience wishing to speak, Mayor Horton closed the hearing. Deputy Mayor Davis suggested that staff explore the possibility of allowing traffic in all three eastbound lanes on H at 805 to travel straight through, rather than the current configuration in which the third lane is only for traffic turning north or south onto 805. She felt that such a change would ease the traffic congestion. City Engineer Swanson stated that the concept would be explored in future projects with Caltrans and also mentioned that the area from Third to Hilltop would be studied in the General Plan update. Mayor Horton stated that improvements to be made along the access route to Interstate 5 should be comprehensively reviewed and coordinated with the extension of H Street and the development that will occur on the other side of the freeway. Councilmember Rindone asked the timeline for completion of the first two phases of the project. Chris Lewis, a representative of the developer, responded that both phases should be completed by the middle of2002. Jim Pieri, project developer, commented on the vision for the area created three years ago of developing a city, which will create permanent changes to Chula Vista by changing traffic designations in the urban core, creating vertical development, and providing residential units in the core that will cause people to walk rather than drive. He complemented everyone involved on the development team and stated that construction should begin in late January or early February. Page 3 - Council/RDA Minutes 1-3 12/12/00 PUBLIC HEARINGS (Continued) ACTION: Deputy Mayor Davis offered Agency Resolution No. 1708, Council Resolution No. 2000-465 and Ordinance No. 2828 on first reading, headings read, texts waived: AGENCY RESOLUTION NO. 1708/COUNCIL RESOLUTION NO. 2000-465, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A GENERAL PLAN AMENDMENT TO THE CIRCULATION ELEMENT TO RECLASSIFY H STREET BETWEEN THIRD AVENUE AND FOURTH AVENUE FROM A SIX LANE MAJOR STREET TO A FOUR LANE MAJOR STREET AND A SPECIFIC PLAN TO ALLOW THE DEVELOPMENT OF AN OFFICE AND COMMERCIAL RETAIL DEVELOPMENT WITH ASSOCIATED PARKING STRUCTURE AT THE NORTHWEST CORNER OF THIRD AVENUE AND H STREET The motion carried 5-0. ACTION ITEMS 5. CONSIDERATION OF ADOPTION OF NEGATIVE DECLARATION APPROVING A COASTAL DEVELOPMENT PERMIT AND OWNER PARTICIPATION AGREEMENT WITH JACK-IN-THE-BOX INCORPORATED FOR A DEVELOPMENT PROJECT WITHIN THE BAYFRONT REDEVELOPMENT PROJECT AREA Jack-in-the-Box Incorporated is proposing to construct a gas station, convenience store and drive-through restaurant at the northeast corner of Bay Boulevard and J Street within the boundaries of the Bayfront Redevelopment Project Area. At its meeting on June 6, 2000, the Agency directed staff to work with the applicant to improve the landscaping and signage for the project before returning for final consideration. The proposed land use is allowed under the General Plan and Bayfront Specific Plan. Staff has reviewed the proposed project pursuant to the provisions of the California Environmental Quality Act and has determined that there are no significant impacts. [Community Development Director] Agency/Councilmember Padilla expressed concern with the proposed sign at the entrance to the bayfront area and moved to amend the Owner Participation Agreement to reflect that the sign would be reviewed and potentially retired after three years, rather than five years. ChairIMayor Horton seconded the motion, which failed 2-3, with Agency/Councilmembers Davis, Rindone and Salas opposing. ACTION: Agency/Councilmember Davis offered Agency Resolution No. 1709, heading read, text waived: Page 4 - Council/RDA Minutes 1- t/ 12/12/00 --- ACTION ITEMS (Continued) AGENCY RESOLUTION NO. 1709, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION IS-OO-13, APPROVING COASTAL DEVELOPMENT PERMIT DRC-OO-38, AND APPROVING AN OWNER PARTICIPATION AGREEMENT WITH JACK-IN-THE-BOX INCORPORATED FOR THE DEVELOPMENT OF A GAS STATION WITH CONVENIENCE STORE AND DRIVE-THRU RESTAURANT WITHIN THE BA YFRONT REDEVELOPMENT PROJECT AREA The motion carried 4-1, with Chair/Mayor Horton opposing. OTHER BUSINESS 6. DIRECTOR'S REPORTS There were none. 7. CHAIR/MAYOR'S REPORTS There were none. 8. AGENCY/COUNCIL COMMENTS There were none. CLOSED SESSION 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor Parcel Nos. 568-270-03; 568-270-11 (approximately 2.85 acres located at the southeast corner of Fourth Avenue and F Street) Negotiating Parties: City Council / Redevelopment Agency (Sid Morris / Chris Salomone) and Chula Vista Center (Robert Caplan) Under Negotiation: Price and terms for acquisition ACTION: Instructions were given to the Negotiator. Page 5 - Council/RDA Minutes I-S" 12/12/00 CLOSED SESSION (Continued) 10. CONFERENCE WITH REAL PROPERTY NEGOTIATOR --Pursuant to Government Code Section 54956.8 Property: Assessor Parcel Nos. 568-270-30; 344 "F" Street (approximately .25 acres located at the southeast corner of Fourth Avenue and Garrett) Negotiating Parties: City Council / Redevelopment Agency (Sid Morris / Chris Salomone) and Park Centre (Richard Zogob) Under Negotiation: Price and terms for acquisition ACTION: Instructions were given to the Negotiator. ADJOURNMENT At 9:50 p.m., Chair/Mayor Horton adjourned the meeting to the Regular Meeting of December 19,2000 at 6:00 p.m. Respectfully submitted, ~luó.-U~ Susan Bigelow, CMC/AAE, City Clerk Page 6 - Council/RDA Minutes /- (. 12/12/00 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY December 19, 2000 6:00 P.M. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 7:45 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers Davis, Padilla, Rindone, and Salas ABSENT: Chair/Mayor Horton ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, City Clerk Bigelow CONSENT ITEMS (Items I through 2) 1. APPROVAL OF MINUTES of December 5, 2000 Staff recommendation: Council approve the minutes 2. ORDINANCE NO. 2828, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SPECIFIC PLAN (PCM-OO-II) FOR THE NORTHWEST CORNER OF THE INTERSECTION OF "H" STREET AND THIRD AVENUE (GATEWAY CHULA VISTA). (2ND READING AND ADOPTION) The Gateway Chula Vista project is located approximately halfway between Interstate 5 and Interstate 805, along H Street. The project is intended to infuse the area with a high intensity, mid-rise, urban level of activity by providing space for a variety of commercial uses such as restaurants, professional offices, retail shops, and services. [Community Development Director] Staff Recommendation: Council place the ordinance on second reading for adoption. ACTION: Agency/Councilmember Salas moved to approve staff recommendations and offered the Consent Calendar, heading reads, texts waived. The motion carried 4- O. ORAL COMMUNICATIONS There were none. Page I - Council/RDA Minutes 1-7 12/19/00 OTHER BUSINESS 6. DIRECTOR'S REPORTS There were none. 7. CHAIR/MA YOR'S REPORTS There were none. 8. AGENCY/COUNCIL COMMENTS There were none. ADJOURNMENT AT 7:55 p.m., Deputy Chair/Deputy Mayor Davis adjourned the meeting to the Adjourned Regular Meeting of January 9, 2001 at 6:00 p.m. Respectfully submitted, ~ dJ.-r3.'g- ~ Susan Bigelow, CMC/AAE, City Clerk Page 2 - Council/RDA Minutes 1-9' 12/19/00 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: ~ MEETING DATE: 01 /16/00 ITEM TITLE: RESOLUTION APPROVING A REVISED OWNER PARTICIPATION AGREEMENT WITH JOHN W. GIBSON, TRUSTEE (JOHN RYAN GIBSON, ERIC J. GIBSON, LUKE N. GIBSON TRUST, 875 ENERGY WAY) IN THE OTAY VALLEY ROAD REDEVELOPMENT AREA. SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR \-Ià -h, e....s. REVIEWED BY: EXECUTIVE DIRECTOR CgrJ,17 ~ 4/STHS VOTE: YESDN00 BACKGROUND John W. Gibson, Trustee of the John Ryan Gibson, Eric J. Gibson, Luke N. Gibson Trust, is the properly owner and applicant for an expansion proposed for ABF Trucking Company. ABF Trucking Company holds a 1 O-year lease on the site. The Gibson Trust will build, own and maintain the improvements. ABF Trucking Company, also known as ABF Systems, Inc., a subsidiary of Arkonsas Best Corporation, is the fourth largest motor carrier of its kind in the United States. Through 311 facilities including its Chula Vista terminal located at 875 Energy Way, it provides services to 98.6 percent of U.S. cities with populations over 25,000. John W. Gibson is the owner of the Chura Vista properly operated by the company at 875 Energy Way. In order to keep pace with cycle time adjustments that have dramatically improved the company's profit margins in the last two years, the Chula Vista facility needs to be expanded. This Owner Participation Agreement would allow the facility to expand by 2,304 square feet to a total building area of 8,822 square feet. RECOMMENDATION [t is recommended that the Redevelopment Agency adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION Design review approvol of the project wos granted by the Zoning Administrator on December 22, 2000. c;)_1 PAGE 2, ITEM NO.: MEETING DATE: 01/16/01 DISCUSSION ABF Trucking Company, founded in 1923, has increased its market share recently by capitalizing on the current e-commerce trend. By maintaining a large number of locally based distribution points, including Chura Vista, it is able to meet customer demands for immediate re-routing of goods in transit. The company prides itself as the foundation shipping method for the delivery of on-line purchases in the country. [t also has long term and well-known expertise in the traditional bricks and mortar business-to-business shipping environment. Through management changes, a one-third reduction in its cycle time of shipments during its 1999 fiscal year was successfully implemented and the company reached it highest revenues in history - $1. 72 billion. Its stock rose during 1999 from $5.25 per share to $12.00 per share. Additional capital expenditures are being made at ABF facilities throughout the country to address freight capacity and efficiency issues at its terminals. The Chula Vista expansion is one such capital investment by the company. This expansion includes the constructÎon of a 2,304 square foot addition at the north end of the existing facility, to be used as additional distribution space. The Environmenta[ Review Coordinator has determined that this project is categorically exempt pursuant to CEQA, Section 15301, Class 1 (e), therefore no further environmental review is required. FISCAL IMPACT The net value of the new improvements includes an estimated $160,000 in construction. Annua[ net tax increment is estimated to be $1,280 and annual [ow/moderate housing set oside is $320. ATTACHMENTS Owner Participotion Agreement H,\HOME\COMMDEV\STAFF.REP\Ol-16-01\stfrep-abfapa.dac d2-~ RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A REVISED OWNER PARTICIPATION AGREEMENT WITH JOHN W. GIBSON, TRUSTEE (JOHN RYAN GIBSON, ERIC J. GIBSON, LUKE N. GIBSON TRUST, 875 ENERGY WAY) IN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT WHEREAS, the John Ryan Gibson, Eric J. Gibson, Luke N. Gibson Trust desires to develop real property within the Otay Valley Redevelopment Project Area which is subject to the jurisdiction and control of the Agency; and WHEREAS, the John Ryan Gibson, Eric J. Gibson, Luke N. Gibson Trust has presented plans for development of the property to expand the existing facility by 2,304 sq. ft. to a total building area of 8,822 sq. ft. to the City of Chula Vista Design Review Committee; and WHEREAS, said plans for development have been recommended for approval by said Committee; and WHEREAS, the Agency desires that said development proposal be implemented and completed as soon as is practicable; and NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The proposed project is consistent with the Otay Valley Road Redevelopment Plan and shall implement the purpose thereof; the project shall assist with the elimination of blight in the Project Area by expanding an existing facility to a total building area of 8,822 sq. ft., increasing the flow of tax increment to the area making an existing business more productive. 2. The Redeveiopment Agency of the City of Chula Vista hereby approves the project and the revised Owner Participation Agreement therefore with John W. Gibson, Trustee (the John Ryan Gibson, Eric J. Gibson, Luke N. Gibson Trust) for the expansion of their facility associated site improvements located at 875 Energy Way, within the Otay Valley Road Redevelopment Project Area in accordance with plans attached thereto as Exhibit A and subject to conditions listed in Exhibits 8 of said agreement. 3. The Chairman of the Redevelopment Agency is hereby authorized to execute the subject Owner Participation Agreement between the Redevelopment Agency and John W. Gibson, Trustee of the John Ryan Gibson, Eric J. Gibson, Luke N. Gibson Trust, in the form presented, with such minor modifications as may be approved or required by the Agency Attorney. 4. The Secretary of the Redevelopment Agency is authorized and directed to record said Owner Participation Agreement in the Office of the County Recorder of San Diego, California. Presented by: Approved as to form by: ~~~ Chris Salomone Community Development Director H,IHOMEICOMMDEVIRESOSIGibson [ABF Trucking Ca.l.doc c:J -..3 // I ~.~ 1/ I I I -------- (j) Project Applicant: John Ryan Gibson, Eric J. Gibson ~Ift. and Luke N. Gibson Trust --- Project Address: 875 Energy Way ~ Request: Revise Owner Participation Agreement 01Y Of to allow facility to expand by 2,304 square feet ..¡ CHUtA VISrA otJ1-- Recording Requested By: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue ChulaVista,CA 91910 When Recorded Mail To: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 Attn: Judi Beli (Space Above This Line For Recorder) OWNER PARTICIPATION AGREEMENT John W. Gibson. Trustee (John Ryan Gibson. Eric J. Gibson. Luke N. Gibson Trust. 875 Energy Way) THIS AGREEMENT is entered into by the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a body corporate and politic (hereinafter referred to as "AGENCY"). and JOHN W. GIBSON, TRUSTEE OF THE JOHN RYAN GIBSON, ER[C J. GIBSON, LUKE N. G[BSON TRUST (hereinafter referred to as "DEVELOPER"). WHEREAS, the DEVELOPER desires to develop real property within the OTAY VALLEY REDEVELOPMENT PROJECT AREA which is subject to the iurisdiction and control of the AGENCY; and WHEREAS, the DEVELOPER has presented plans for development of the Property to expand the existing facility by 2,304 sq. ft. to a total building area of 8,822 sq. ft. (the "PROJECT") to the City of Chula Vista Design Review Committee; and WHEREAS, said plans for development have been recommended for approval by said Committee; and WHEREAS, the AGENCY has considered the recommendations of the Committee and has approved the PROJECT and design plans subject to certain terms and conditions; and WHEREAS, the AGENCY desires that said development proposal be implemented and completed as soon as is practicable in accordance with the terms of this Agreement. NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows: 1. The foregoing recitals are incorporated into this Agreement. 2. The Property to be developed is described as Assessor's Parcel number 644-1 82-1 7 located at 875 Energy Way, Chula Vista, California, shown on the locator map attached hereto as Exhibit "C" and by this reference incorporated herein. 3. The DEVELOPER covenants by and for himself, his heirs, executors, administrators and assigns and all persons claiming under or through them the following: .;J-~ Page 1 a. DEVELOPER shall develop the Property with the PROJECT in accordance with the AGENCY approved development proposal attached hereto as Exhibit "A" and on file with the AGENCY secretary, as Document No. b. DEVELOPER agrees to apply for building permits within one year from the date of this Agreement and to actually develop the Property within one year from the date of issuance of the building permits. In the event DEVELOPER fails to apply for such building permits within said one year, the approval of DEVELOPER's development proposals shall be void and this Agreement shall have no further force or effect. However, nothing in this paragraph shall restrict DEVELOPER's right to seek an extension of the permissible time for its procurement of a building permit. c. That in all deeds granting or conveying an interest in the Property, the following language shall appear: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, national origin or ancestry in the sale, [ease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee himself or any persons claiming under or through him establish or permit any such practice of discrimination or segregation with reference to the selection, location, number use or occupancy of tenants, lessees, subtenant lessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." d. That in all leases demising an interest in all or any part of the Property, the following language shall appear: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of, any person or group of persons, on account of race, color, creed, national origin, or ancestry, in the leasing, subleasing, transferring use, occupancy, tenure, or enjoyment of the premises herein leased, nor shall the lessee himself or any persons claiming under or through him, establish or permit any such practices of discrimination or segregation with reference to the selection, location, number or use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." 4. DEVELOPER agrees that if either the AGENCY or the CITY OF CHULA VISTA proceeds to form a Special Assessment District for the construction or maintenance of parking facilities, common areas or other public facilities which benefit the real property, subject to this agreement, that DEVELOPER hereby waives any right he may have to protest the formation of such Special Assessment District. Said waiver shall not preclude the DEVELOPER from protesting the amount of any assessment on such property. 5. The Property shall be developed subject to the conditions imposed by the Design Review Committee attached hereto as Exhibit "B". DEVELOPER acknowledges the validity of and agrees to accept such conditions. ~-t- Page 2 6. DEVELOPER agrees to maintain the Property in F[RST CLASS CONDITION. a. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughout the term of this Agreement, DEVELOPER shall, at DEVELOPER's sole cost and expense, maintain the Property and all improvements in first class condition and repair, and in accordance with all applicable laws, permits, licenses and other governmental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued or promulgated by federal, state, county, municipal, and other governmental agencies, bodies and courts having or claiming jurisdiction and all their respective departments, bureaus, and officials. Subject to the provisions of subparagraph 6.D. below, if the owner fails to maintain the Property in a "first class condition", the AGENCY or its agents shall have the right to go on the Property and perform the necessary maintenance and the cost of said maintenance shall become a lien against the Property. The AGENCY shall have the right to enforce this lien either by foreclosing on the Property or by forwarding the amount to be collected to the Tax Assessor who shall make it part of the tax bill. B. DEVELOPER shall promptly and diligently repair, restore, alter, add to, remove, and replace, as required, the Property and all improvements to maintain or comply as above, or to remedy all damage to or destruction of all or any part of the Improvements. Any repair, restoration, alteration, addition, removal, maintenance, replacement and other act of compliance under this Section (hereafter collectively referred to as "Restoration") shall be completed by DEVELOPER whether or not funds are available from insurance proceeds or subtenant contributions. The Restoration shall satisfy the requirements of any [ease then in effect for the Property or improvements with respect thereto or, if no sub-sublease is then in effect, shall be repaired or restored in the building standard shell condition existing immediately prior to the date of such damage or destruction. C. FIRST CLASS COND/TION DEFINED. 'First class condition and repair,' means Restoration which is necessary to keep the Property and improvements in efficient and attractive condition, at least substantially equal in quality to the condition which exists when the condition(s) in attached Exhibit B are completed." D. In order to enforce all above maintenance provisions, the parties agree that the Community Development Director is empowered to make reasonable determinations as to whether the Property is in a first class condition. If he determines they are not, he (1) will notify the owners in writing and (2) extend a reasonable time to cure. If a cure or substantial progress to cure has not been made within that time, the Director is authorized to effectuate the cure by City forces or otherwise, the cost of which will be promptly reimbursed by the owners. In the event that there is a dispute over whether the leased Property is in a first class condition or over the amount of work and expense authorized by the Director to cure, the parties agree that the City Manager shall resolve that dispute and both parties shall be bound by his decision. In the event that the Director decides without dispute, or the City Manager decides in dispute, that the City has to cure and the amount of cure, then owners have to reimburse the City within thirty (30) days of demand. If not reimbursed, it constitutes a lien and City is authorized to record said lien with the County Recorder, upon the [eased premises. d-7 Page 3 7. The term of this agreement shall be the same as the term of the OT A Y VALLEY ROAD REDEVELOPMENT PROJECT AREA which runs until December 2028, or until major redevelopment of the building takes place, whichever first occurs. Initiation of redevelopment shall mean the preparation and submission of plans to the AGENCY for the renovation or demolition of structures and redevelopment of the site. 8. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein shall run with the land. DEVELOPER shall have the right, without prior approval of AGENCY, to assign its rights and delegate its duties under this Agreement. 9. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein are for the express benefit of the AGENCY and for all owners of real property within the boundaries of the OTAY VALLEY REDEVELOPMENT PROJECT AREA as the same now exists or may be hereafter amended. AGENCY and DEVELOPER agree that the provisions of this Agreement may be specifically enforced in any court of competent jurisdiction by the AGENCY on its own behalf or on behalf of any owner of real property within the boundaries of the OTAY VALLEY REDEVELOPMENT PROJECT AREA. 10. AGENCY and DEVELOPER agree that this Agreement may be recorded by the AGENCY in the Office of the County Recorder of San Diego County, California. [ SIGNATURE PAGE FOLLOWS] 02 -i" Page 4 IN WITNESS WHEREOF, City and DEVELOPER have executed this Agreement thereby . indicating that they have read and understood same, and indicate their full and complete consent to . its terms: REDEVELOPMENT AGENCY OF THE CITY OF John Pyan Gibson, Trust CHULA VISTA ("AGENCY") Eric J. Gibson, Trust ~O"' Tm' ._~ John' ,Trustee Shirley Horton, Chair NOTARY: ATTEST: Please attach acknowledgement card. "- Susan Bige[ow, City Clerk APPROVED AS TO FORM: John M. Kaheny, City Attorney ~- e¡ Page 5 , CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California } ss County of :;;'N /)1 rC-o On [k.C).¡)¿.v2J; 2.00", before me, ¿ D'" personally appeared 7JõÁAJ !u'. ~ersonally known to me 0 proved to me on the basis of satisfactory evidence I it "ë;'c,;;;" ";;;~,. ë;';"~ to be the person(s) whose name(s) is/are subscribed to the within instrument and - CommIssioni/128HU2 acknowledged to me that he/she/they executed ~. Notay Public. Califarjo ~ the same in his/her/their authorized j San Diego Counfy - capacity(ies), and that by his/her/their - - - -My.~~OcI:a:.~f signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PI", No",., S"I Ab", Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reaffachment of this fcrm to anolher document Description of Attached Documeni2 ~.'(',¡d.""' .4 c æ- p ---.,J- Title or Type of Document: 'C.JA/¿-/? a~) IJ. ::2ot:JD '/ Document Date: Number of Pages: 7 , Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual . Top 01 Ihomb he" 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact ¡¡;vtrustee 0 Guardian or Conservator 0 Other: Signer Is Representing: -~ o "99 N"'oo" N,",.,A"ocI"o, ,"so 0, S"oA", PO 8o'2402°Ch"~"h, CA 91313.2402 0-""00"00".'. P,"'.N'.5907 R~,d"C, T, .F..'.800.876.6827 d)_fa EXHIBIT A Design Plans Owner Participation Agreement John W. Gibson, Trustee (ABF Trucking Company, 875 Energy Way) Copies of Design Plans prepared by: R.E. Snow Construction 1308 N. Magnolia EI Cajon, CA 92020 Job #0018, Dated 10/13/00, Sheets 1-3 On file in the office of the City Chula Vista, Redevelopment Agency 02 _I ( Page 1 EXHIBIT B Conditions of Approval Owner Participation Agreement John W. Gibson, Trustee (ABF Trucking Company, 875 Energy Way) CONDITIONS OF APPROVAL 1. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the PROJECT shall conform to Sect6ions 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control. 2. Prior to issuance of a building permit, a professionally prepared landscape plan shall be submitted to the City Landscape Planner for review and approval. Plan shall include upgrades to existing landscaping. 3. Prior to issuance of a building permit, sidewalk repairs adjacent to drainage inlet on west side of Property shall be completed. 4. Prior to issuance of a building permit, fees based on the Development Checklist will be required on the final building plans submitted. 5. Prior to issuance of a building permit, traffic signal fees shall be calculated and paid based on the proposed building addition area. 6. PROJECT shall comply with the following Fire Department requirements: A) Fire sprinkler plans shall be submitted to Fire Department for approval; B) Complete fire sprinkler system shall be monitored; and C) Fire Department connection to sprinkler system shall be relocated to the parking lot. 7. Building plans shall comply with the 1998 CBC, CMC, CPC, and CEC, and the 1998 Energy Requirements and Accessibility Requirements. H:\HOME\COMMOEV\PatriciaB\GGE Ind OPA.DOC =' _Id... Page 1 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: -3 MEETING DATE: 01/16/00 ITEM TITLE: RESOLUTION APPROVING A REVISED OWNER PARTICIPATION AGREEMENT WITH GCE INDUSTRIES, INC., IN THE OTAY VALLEY ROAD REDEVELOPMENT AREA. SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR C 7 . / '/ REVIEWED BY: EXECUTIVE DIRECTOR (Oí-~ \')~ 4/STHS VOTE: YESDNO0 BACKGROUND GCE Industries, Inc. has been in business in the City of Chula Vista since 1980. With assistance from the City and a $3.85 million Industrial Deve[opment Bond (IDB) issuance, they were able to expand their facility from 23,000 to 100,000 sq. ft. in 1991 while adding 80 new jobs. Currently, the company occupies five (5) buildings and leases another on six parcels in the Otay Valley Road Redeve[opment Area. The company manufactures exotic metal products, electronic, pneumatic and hydraulic equipment and provides manufacturing support services. It currently employs 218 people. [n order to increase the cost efficiency of its operations and increase production, GCE Industries, Inc. has a need to expand to provide space for additional equipment. This resolution approves the requested expansion on conditions agreed to by the company. RECOMMENDATION [t is recommended that the Redevelopment Agency adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION Design review approval of the project was granted by the Zoning Administrator on December 12, 2000. DISCUSSION GCE Industries, Inc. is expanding its current manufacturing capabilities of machining and welding by adding metal forming. The equipment to be added will include a drop hammer and hydroulic press, 0 processing line, heat treat furnace and a small foundry. The metal forming operotion is consistent with the General Industrial zoning and the General Plan designation of Research and limited Manufacturing. The equipment will be purchased new and meet all opplicable sofety and ..3-1 PAGE 2, ITEM NO.: MEETING DATE: 01/16/01 environmental requirements. The expansion was ruled by the Environmental Review Coordinator to be categorically exempt from environmental review as required by the Californio Environmental Qua[ity Act as a minor change in land use [CEQA 15303(b)]. To make room for the expansion, GCE Industries, Inc. is required to relocate its machining and tooling centers, currently housed in one building into two other existing buildings. The resulting vacant building - 13,000 square feet - will be expanded by 1,003 square feet and the roofline on the expansion will be raised 10 feet to accommodate the hydraulic press. The total project includes the 1,003 square foot addition and a 2,380 square foot cavered transition area. The company's goal in adding this new capability is to improve its position in the global market place and to become more competitive. GCE Industries, Inc. faces increasing competition from countries including China, Romania and Mexico. It intends to continue as a leading supplier to its commercial and governmental customers and to increase its share of the global market. The company plans to add 40 employees by the end of 2001. FISCAL IMPACT The net value of the new improvements includes an estimated $300,000 in construction and $1 million in equipment. Annual net tax increment is estimated to be $10,400 and annual low/moderate housing set aside is $2,600. ATTACHMENTS Owner Participotion Agreement H:\HOME\COMMDEV\STAFF.REP\Ol-16-01\,tfrep.gceopa.doc J-~ RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A REVISED OWNER PARTICIPATION AGREEMENT WITH GCE INDUSTRIES, INC., IN THE OTAY VALLEY ROAD REDEVELOPMENT AREA WHEREAS, GCE Industries, Inc. desires to develop real property within the Otay Valley Redevelopment Project Area which is subject to the jurisdiction and control of the Agency; and WHEREAS, GCE Industries, Inc. has presented plans for development of the Property to expand an existing building with a 1,003 sq. ft. addition and adding a 2,380 sq. ft. covered transition area to the City of Chula Vista Design Review Committee; and WHEREAS, said plans for development have been recommended for approval by said Committee; and WHEREAS, the Agency desires that said development proposal be implemented and completed as soon as is practicable subject to certain terms and conditions set forth in the proposed revised Owner Participation Agreement. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The proposed project is consistent with the Otay Valley Road Redevelopment Plan and shall implement the purpose thereof; the project shall assist with the elimination of blight in the Project Area by expanding an existing facility, adding a 2,380 sq. ft. covered transition area increasing the flow of tax increment to the area and increasing jobs in the area by 40. 2. The Redevelopment Agency of the City of Chula Vista hereby approves the project and the revised Owner Participation Agreement therefor, in the form presented, the revised Owner Participation Agreement with GCE Industries, Inc. for the expanding of their existing facility located at 1881 Nirvana, within the Otay Valley Road Redevelopment Project Area in accordance with plans attached thereto as Exhibit A and subject to conditions listed in Exhibits B of said agreement. 3. The Chairman of the Redevelopment Agency is hereby authorized to execute the subject revised Owner Participation Agreement between the Redevelopment Agency and GCE Industries, Inc., in the form presented, with such minor modifications as may be approved or required by the Agency Attorney. 4. The Secretary of the Redevelopment Agency is authorized and directed to record said Owner Participation Agreement in the Office of the County Recorder of San Diego, California. Presented by: Approved as to form by: ~ ~ ~ Chris Salomone Community Development Director H:\HOMEICOMMDEVIRESOSIGCE OPA.doc ..ß-...3 - ~ / -------/-- --- --------------- œ Project Applicant: GCE Industñes, Inc. ~!ft. Project Address: 1881 Nirvana --- Request: Revise Owner Participation Agreement ~ to allow facility to expand by 3,383 square feet a1Y OF ~ -1 CHUlA VISTA Recording Requested By: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 When Recorded Mail To: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chura Vista, CA 91910 Attn: Judi Bell (Space Above This Line For Recorder) OWNER PARTICIPATION AGREEMENT GCE Industries. Inc. THIS AGREEMENT is entered into by the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a body corporate and politic (hereinafter referred to as "AGENCY"), and GCE INDUSTRIES, [NC. (hereinafter referred to as "DEVELOPER"). WHEREAS, the DEVELOPER desires to develop real property within the OTAY VALLEY REDEVELOPMENT PROJECT AREA which is subject to the jurisdiction and control of the AGENCY; and WHEREAS, the DEVELOPER has presented plans for development of the Property to expand an existing building with a 1,003 sq. ft. addition and adding a 2,380 sq. ft. transition area (the "PROJECT") to the City of Chula Vista Design Review Committee; and WHEREAS, said plans for development have been recommended for approval by said Committee; and WHEREAS, the AGENCY has considered the recommendations of the Committee and has approved the PROJECT and design plans subject to certain terms and conditions; and WHEREAS, the AGENCY desires that said development proposal be implemented and completed as soon as is practicable in accordance with the terms of this Agreement. NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows: 1. The foregoing recitals are incorporated into this Agreement. 2. The property to be developed is described as Assessor's Parcel numbers 644-040-42 and 644-040-43 located at 1881 Nirvana, Chula Vista, California, shown on the locator map attached hereto as Exhibit "C" ("Property") and by this reference incorporated herein. 3. The DEVELOPER covenants by and for himself, his heirs, executors, administrators and assigns and all persons claiming under or through them the following: a. DEVELOPER shall develop the Property with the PROJECT in accordance with the AGENCY approved development proposal attached hereto as Exhibit "A" and on file with the AGENCY secretary, as Document No. ..J,~ Page 1 b. DEVELOPER agrees to apply for building permits within one year from the date of this Agreement and to actually develop the property within one year from the date of issuance of the building permits. In the event DEVELOPER fails to apply for such building permits within said one year, the approval of DEVELOPER's development proposals shall be void and this Agreement shall have no further force or effect. However, nothing in this paragraph shall restrict DEVELOPER's right to seek an extension of the permissible time for its procurement of a building permit. c. That in all deeds granting or conveying an interest in the property, the following language shall appear: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee himself or any persons claiming under or through him establish or permit any such practice of discrimination or segregation with reference to the selection, location, number use or occupancy of tenants, lessees, subtenant lessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the [and." d. That in all leases demising an interest in all or any part of the property, the following language shall appear: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of, any person or group of persons, on account of race, color, creed, national origin, or ancestry, in the leasing, subleasing, transferring use, occupancy, tenure, or enjoyment of the premises herein [eased, nor shall the lessee himself or any persons claiming under or through him, establish or permit any such practices of discrimination or segregation with reference to the selection, location, number or use, or occupancy of tenants, lessees, sub lessees, subtenants, or vendees in the premises herein leased." 4. DEVELOPER agrees that if either the AGENCY or the CITY OF CHULA VISTA proceeds to form a Special Assessment District for the construction or maintenance of parking facilities, common areas or other public facilities which benefit the real property, subject to this agreement, that DEVELOPER hereby waives any right he may have to protest the formation of such Special Assessment District. Said waiver shall not preclude the DEVELOPER from protesting the amount of any assessment on such property. 5. The Property shall be developed subject to the conditions imposed by the Design Review Committee attached hereto as Exhibit "8". DEVELOPER acknowledges the validity of and agrees to accept such conditions. 6. DEVELOPER agrees to maintain the Property in FIRST CLASS CONDITION. a. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughout the term of this Agreement, Deve[oper shall, at Developer's sole cost and expense, maintain the ..J -, Page 2 Property and all improvements in first class condition and repair, and in accordance with all applicable laws, permits, licenses and other governmental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued or promulgated by federal, state, county, municipal, and other governmental agencies, bodies and courts having or claiming jurisdiction and all their respective departments, bureaus, and officials. Subject to the provisions of subparagraph 6.D. below, if the owner fails to maintain the property in a "first class condition", the AGENCY or its agents shall have the right to go on the Property and perform the necessary maintenance and the cost of said maintenance shall become a lien agains1 the property. The AGENCY shall have the right to enforce this lien either by foreclosing on the Property or by forwarding the amount to be collected to the Tax Assessor who shall make it part of the tax bill. B. DEVELOPER shall promptly and diligently repair, restore, alter, add to, remove, and replace, as required, the Property and all improvements to maintain or comply as above, or to remedy all damage to or destruction of all or any part of the Improvements. Any repair, restoration, alteration, addition, removal, maintenance, replacement and other act of compliance under this Section (hereafter collectively referred to as "Restoration") shall be completed by Developer whether or not funds are available from insurance proceeds or subtenant contributions. The Restoration shall satisfy the requirements of any [ease then in effect for the Property or improvements with respect thereto or, if no sub-sublease is then in effect, shall be repaired or restored in the building standard shell condition existing immediately prior to the date of such damage or destruction. C. FIRST CLASS CONDITION DEF/NED. 'First class condition and repair,' means Restoration which is necessary to keep the Property and improvements in efficient and attractive condition, at least substantially equal in quality to the condition which exists when the condition(s) in attached Exhibit B are completed." D. In order to enforce all above maintenance provisions, the parties agree that the Community Deve[opment Director is empowered to make reasonable determinations as to whether the Property is in a first class condition. If he determines they are not, he (1) will notify the owners in writing and (2) extend a reasonable time to cure. If a cure or substantial progress to cure has not been made within that time, the Director is authorized to effectuate the cure by City forces or otherwise, the cost of which will be promptly reimbursed by the owners. In the event that there is a dispute over whether the leased Property is in a first class condition or over the amount of work and expense authorized by the Director to cure, the parties agree that the City Manager shall resolve that dispute and both parties shall be bound by his decision. In the event that the Director decides without dispute, or the City Manager decides in dispute, that the City has to cure and the amount of cure, then owners have to reimburse the City within thirty (30) days of demand. If not reimbursed, it constitutes a lien and City is authorized to record said lien with the County Recorder, upon the leased premises. 7. The term of this agreement shall be the same as the term of the OT A Y VALLEY ROAD REDEVELOPMENT PROJECT AREA which runs until December 2028, or until major redevelopment of the building takes place, whichever first occurs. Initiation of redevelopment shall mean the J-1 Page 3 preparation and submission of plans to the Agency for the renovation or demolition of structures and redevelopment of the site. 8. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein shall run with the [and. DEVELOPER shall have the right, without prior approval of AGENCY, to assign its rights and delegate its duties under this Agreement. 9. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein are for the express benefit of the AGENCY and for all owners of real property within the boundaries of the OTAY VALLEY REDEVELOPMENT PROJECT AREA as the same now exists or may be hereafter amended. AGENCY and DEVELOPER agree that the provisions of this Agreement may be specifically enforced in any court of competent jurisdiction by the AGENCY on its own behalf or on behalf of any owner of real property within the boundaries of the OTAY VALLEY REDEVELOPMENT PROJECT AREA. 1 O.AGENCY and DEVELOPER agree that this Agreement may be recorded by the AGENCY in the Office of the County Recorder of San Diego County, California. [ SIGNATURE PAGE FOLLOWS] J-~ Page 4 , , [N WITNESS WHEREOF, City and DEVELOPER have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: REDEVELOPMENT AGENCY OF THE CITY OF GCE INDUSTRIES, INC. CHULA VISTA ("AGENCY") Shirley Horton, Chair NOTARY: ATTEST: Please attach acknowledgement card. See attached Notarized Acknowledgment. Susan Bigelow, City Clerk APPROVED AS TO FORM: John M. Kaheny, City Attorney J -9 Page 5 .---' --- c' CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. '907 State of Ce<.11 ~R.V\\..c~ County of So.V1 Í)¡e.I\/) Ò On Dee... )-" )).0.:0 before me, ~rV Ì^.. ~ L.u X OA1<: NAME. TTTlEOFOF- ,-E.G-. ':ANE DOE."""^" P'_'EUC' personally appeared -.C.h..arl e- ~ Stdh;;,.V/O'" ~- .-\./ "AME'" OF SiGNE."CS1 0 personally known to me - OR -lA...proved to me on the basis of satisfac:ory E'lidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledoed to me that he/she/the'! executed OFFICIAL SEAL 1 th - . h. /h /th' '.h . , , SHARON KAY LUX e same In IS er elr ê.U! Oflzea , NOTCAORYPUBLlC,CALIFORNIAiJ'i capacit'y(ieo) ê.no thê.t by hio!her/their ~ MM. NO. 1236967 !? - , -.' ~ SANDIEGOCOU. NTY o:on--ur-k' on the ino-rum-m .~- re<-ní<) '..~ MYCOMM.EXPOCC82003 -'_C"",-} -, ,~"".'",~.,-.u.-. « or the entity upon Denali Ci wnlC:l the ~i pe:sonls) ê.ctee. execu!e': :1',(; 'ns:iume:H, .;) ;¡ ,\\ ;~ ',í ., .~ '.1 ;1 :i OP~ONAL ~ I' Tneuçn Ine o~:~ c,,!ow <s not recuirec :., 'ë.w. It ",õV :rcve VõtUõ::E ;0 ce"on, ,e,Vlr,çcn ;ne c::c",e,.: ,no ::c:o :ee'!E-.: ..,' frzuduiem ,e=.o:=..:"mem 01 ;h,s form. :,j ;i CAPACITY CLAIMED BY SiGNER DESCRIPTION OF AITACHEJ DOCUMENT:; .~ 0 INDIVIDUAL :~ 0 CORFOFXiE OFë:CE:i ~ () -h ~ Ov. . I- ~{ ( II e.v f'(ì v t-..'IC 1Y'i re.e¡n e,., '~ TITLE OR ¡YPE OF DCC:J~IEt-;T ' TmEISI 0 PARTNE:i(Sj 0 LlMI"I'= c¡ ~ 0 GENE'-,AL 0 ATTORNEY-iN-FACT NUMBER OF PAG"S 0 TRUSTE(S) 0 GUARDIANfCONSERVATOR 0 OTHER: ))-;¿b-Dv DATE OF DOCUMENT SIGNER IS REPRESE:\lllNG: """.. OF PERSC",SI CR ENTIn'IIes) - S¡GNER(S1 OTHER THAN NA,\:EC' ",saVE --~--- --- --=---=---- -~--~-~-- -- ------------_u-- ----- ",.9J NAnONAL NcrARY ASS~(:ATlCN .,:OG R"""'":"'.'. P è ", .", . "or>;,' ?," CA 9100.,"" EXHIBIT A Design Plans Owner Participation Agreement GCE Industries, Inc. Copies of Design Plans prepared by: GCE Industries, Inc. 1881 Nirvana Chula Vista, CA 91911 Job #6003709, Dated 10/8/00, Sheets 1-5 On file in the office of the City Chula Vista, Redevelopment Agency j..l( Page 1 EXHIBIT B Conditions of Approval Owner Participation Agreement GCE Industries, Inc. CONDITIONS OF APPROVAL 1. The site shall be developed and maintained in accordance with the revised plans provided 10/9/00 that include the site utilization plan, site plan, floor plans, and architectural elevations as approved and on file in the Planning Division, the conditions contained herein, Title 19 (Zoning). 2. The addition areas, consisting of the 1 ,003-sq. ft. addition for a metal forming hydraulic press, and the 2,380-sq. ft. covered transition area shall retain consistent exterior materials and colors, including the existing metal building mansard cornice element. 3. If feasible, provide additional landscaping in the existing planter areas adjacent to Nirvana Avenue and along the easterly row of parking. Indicate on revised landscape plans prior to receipt of the certificate of occupancy. 4. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 5. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 6. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. 7. All roof appurtenances, including air conditioners and other roof mounted equipment and/or proiections shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. 8. A Water Management Plan will be required, for review and approval by the City Landscape Planner, prior to the issuance of the building permit. 9. Planting and irrigation plans shall be submitted as part of the building permit application, in compliance with the Conceptual Landscape Plan. Automatic irrigation systems are required for all common open space areas and other new planter areas. Additional screening may be required for the single-family home from the guest parking spaces, since there is no front yard. These plans shall be reviewed and approved by the City Landscape Planner prior to the issuance of building permits. 10. Bui[ding Plans shall comply with 1998 Building, Mechanical, and Plumbing codes, and 1996 Electrical Code. Plans shall also comply with Title 24 energy and handicapped accessibility requirements. J ..12- Page 1 EXHIBIT B Conditions of Approval Owner Participation Agreement GCE Industries, Inc. 11. The Engineering Department will require fees for sewer capacity and connections, development impact, and traffic signal when the building permit is applied for. 12. It is recommended that the Crime Prevention Unit of the Police Department be contacted at 691-5127 in order to provide guidance in the utilization of components that will address access control, surveillance detection, and police response. 13. The applicant shall contact the Sweetwater Authority to determine the additional demand and alteration to the existing water systems necessary for fire flow protection. [n addition, irrigation plans need to be designed to reclaimed water standards and specifications. All fees and deposits shall be provided at the building permit stage. 14. School fees for the Sweetwater Union High School District and the Chula Vista Elementary School District shall be paid as part of the building permit. 15. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 16. This permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. Findings of fact are as follows: 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposal calls for the construction of a 1,003-sq. ft. addition for a metal forming hydraulic press, including a 2,380-sq. ft. covered transition area. The addition is part of a vast expansive industrial complex that contributes to the industrial tax base that is vital to the economic development of the industrial neighborhood or the community. 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. The development will be subject to meeting all health, safety and general welfare standards J../~ Page 2 EXHIBIT B Conditions of Approval Owner Participation Agreement GCE Industries, Inc. and regulations set forth by the City of Chula Vista. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposal will comply with the regulations of the Municipal Code and with the conditions of approval. 4. That the granting of this Design Review permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The proposal is in conformance with the Genera[ Plan Land Use Designation of Research and Limited Manufacturing General Industrial along with the Precise Plan as required in the General Industrial (I-P) Zone, as provided for in this Design Review permit approval letter. H:IHOMEICOMMDEVIPatriciaBIGGE Ind OPA.DOC ~ -I c.f Page 3 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: ~ MEETING DATE: 01/16/01 ITEM TITLE: PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL LAND USE PERMIT TO ESTABLISH A MIXED USE MEDICAL OFFICE/SINGLE. FAMILY RESIDENCE AT 257 GARRETT AVENUE RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING A SPECIAL LAND USE PERMIT, LUP#TC1- 00-001, TO RICHARD D. BLAINE AND MARGUERITE M. HUNG TO ESTABLISH A MIXED USE MEDICAL OFFICE/SINGLE-FAMILY RESIDENCE AT 257 GARRETT AVENUE SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR t4\-~ e.s: REVIEWED BY: EXECUTIVE DIRECTOR C9l'7 QfY 4/5THS VOTE: YESD NO0 BACKGROUND The applicant has requested a Special land Use Permit to allow the establishment of a mixed use (medical office/single-family residence) at 257 Garrett Avenue located within the Town Centre I Redevelopment Project Area. The proposed [and use is a use permitted subject to the issuance of a Special Land Use Permit within the Central Commercial area of the Town Centre Redevelopment Plan; therefore, the proposal requires consideration by the Redeve[opment Agency. The proposal is exempt from environmental review pursuant to the California Environmental Quality Act, Section 15303 of the California Code of Regu[ations (conversion of small structures). RECOMMENDATION Staff recommends that the Redevelopment Agency hold a public hearing and take public testimony and adopt the resolution based on findings and subject to conditions of approval. BOARDS/COMMISSIONS RECOMMENDATION On January 10,2001, the Town Centre I Project Area Committee voted (4-0-0-3) to recommend approval of Special land Use Permit (lUP#TCI-00-001) based on findings and subject to conditions. 4-1 PAGE 2, ITEM NO.: MEETING DATE: 01/16/01 DISCUSSION Redevelopment Plan The Town Centre Redevelopment Plan land use designation for the subject property is Central Commercial. This [and use designation allows a mixture of commercial uses, including but not limited to retail, office, hotel, service, entertainment, educational, and auxiliary uses (Article VI, Section 600.2). The establishment of mixed uses in the Central Commercial [and use designation is contingent on the approval of a Special land Use Permit from the Redeve[opment Agency. The applicant is requesting approval of a Special land Use Permit to allow the establishment of a medical office and a single-family residence in an existing single-family residence located at 257 Garrett Avenue. Property Description The subject property is located on the east side of Garrett Avenue and is the second parcel south of Davidson Street. The parcel is rectangular in shape with a 50-foot width and 125-foot depth for a total area of 6,250 square feet. The parcel has 50 feet of frontage on Garrett Avenue and 50 feet of frontage on a 15-foot wide alley to the reor of the property. Surrounding land uses include Friendship Park to the west and sing[e-fomi[y residences to the north, east, and south. The property is developed with a 1,009 square foot, sing[e-fomi[y residence and a 216 square foot detached garage. A bedroom and bathroom addition currently under construction will increase the floor area to 1,273 square feet. Proposed Improvements The applicant proposes to convert 495 square feet or approximately 39 percent of the 1,273 square foot residence into medical office space-no additional square footage would be added to the floor area of the building. The floor area devoted to medical use would include two rooms for therapy, a reception/office, and a restroom. The residential use would include a bedroom, a family room, a kitchen, and a bathroom. The detached single-car garage is located on the south side of the residence and is accessed vio a driveway from Garrett Avenue. Exterior improvements would include a handicap ramp and five additional parking stalls along the alley. Proposed Medica[ Office Use The applicants propose to operate an acupuncture clinic in the converted office space of the residence. The property owners are the current residents, and the co-applicant, Dr. Hung, would be the only regular employee of the business on the premises at anyone time. The applicants do not propose to operate the business beyond the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The applicants have indicated that typically no more than two patients would be on the premises at any time. The approval of this Special land Use Permit would allow the medical office and single-family residence uses to run with the land (subject property). subject to compliance with the listed conditions. 4-2- PAGE 3, ITEM NO.: MEETING DATE: 01/16/01 ANALYSIS General Plan Consistency The project is consistent with the policies of the General Plan. The project is located within the boundaries of the Central Chura Vista Area Plan (Chapter 1O of the General Plan). Section 2.1, Land Use, identifies mixed uses as a primary element of Town Centre I and identifies approximately 28 acres for the mixed use category of [and uses. Goa[ 3, Objective 10 of the Area Plan specifically calls for "mixed commercial office/residential uses" within the vicinity of Third Avenue. The Land Use Diagram delineates mixed use areas near Third Avenue. Section 5.1, Urban Core, identifies residential/office mixed use for the area south of E Street, west of Third Avenue, and east of Friendship Park. Section 5.3, Third Avenue Shops ond Mixed Use, identifies mixed use for the area north and east of Friendship Park, along G[over, Garrett, and Landis Avenues. Redeve[opment Plan Consistencv The project is consistent with the Town Centre Redevelopment Plan. Article [, Section 120, sets forth the objectives of the Redevelopment Plan. The proposed mixed use project would further these objectives, including: "c. The strengthening of the mercantile posture of Town Centre and the improvement of retail trade therein; E. The retention and expansion of viable land uses, commercial enterprises, and public facilities within the area; F. The attraction of capital and new business enterprises to the core; 1. The establishment of Town Centre as the South Bay's principal center for specialty goods and services; and L. The reorientation of the people of Chura Vista to their core area, and the resultant promotion of a sense of 'towness'." Article VI, Section 600.2, of the Plan states that areas designated "Central Commercial" on the Town Centre Redeve[opment Land Use Plan may be used as a mixture of commercial uses, including office. Furthermore, the Plan allows the Agency to approve residential uses that are compatible with surrounding areas. The proposed project would essentiolly maintain the existing single-family residential character of the property, which would be consistent with existing residences along this portion of Garrett Avenue. Existing or remodeled buildings are not subject to the building coverage, setbacks, height, intensity, or siting standards of the Town Centre Design Manua[, Section VIII(A-E). Moreover, the adaptive reuse of the residence would not result in any major exterior improvements to the existing building or the property. Neiahborhood Compatibility The low-intensity nature of the proposed medical office/residence would be compatible with the surrounding neighborhood and area. The project maintains the existing scale along Garrett Avenue and is of appropriate intensity for the adjacent residential street and alley. The residential character and scale along Garrett Avenue is compatible with Friendship Park to the west. The proposed medical office and residential use would compliment the uses found in the Town Centre. 4-3 PAGE 4, ITEM NO.: MEETING DATE: 01/16/01 The proposed 495 square foot office would not substantially increase the intensity of the use for the neighborhood. The recommended conditions of approval would insure that the proposed use of the converted structure would not be increased in intensity over time to the detriment of the neighborhood. The proposed adaptive reuse of the residence is minor in nature and would not significantly change the character of the area. Parkinq Requirement Becouse of the limited on-site parking that would be provided, the conditions of approval would prohibit the expansion of the proposed area for medical office use. The required parking for the mixed use is based on the combined residential use (2 stalls) and the medical office use (5 stalls, minimum). On January 10, 2001, the Town Centre I Project Area Committee approved the applicant's request to allow the existing tandem parking stall (in the driveway of the existing one- car garage) to meet the required residential parking requirement. The alley to the rear (east) of the property would provide adequate access to the proposed parking for the medical office use. On-street parking is also allowed along both sides of Garrett Avenue. FISCAL IMPACT The total valuation of the proposed tenant improvements for the office use is estimated to be $3,208.00; therefore, an insignificant amount of tax increment revenue will result from this project. ATTACHMENTS 1. Locator Map, Exhibit A 2. Photograph Exhibit 3. App[ication 4-4 RESOLUTION NO. - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING A SPECIAL LAND USE PERMIT, LUP#TCI-OO-OO1, TO R[CHARD D. BLA[NE AND MARGUER[TE M. HUNG TO ESTABLISH A MIXED USE MEDICAL OFFICE/SINGLE- FAMILY RESIDENCE AT 257 GARRETT AVENUE. A RECITALS 1. Project Site WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 257 Garrett Avenue, Chula Vista; and 2. Project Application WHEREAS, on November 15, 2000 a duly verified application for a Special Land Use Permit (LUP#TCI-00-001) was filed with the City of Chula Vista Community Development Department by Robin Brisbois on behalf of Richard D. Blaine and Marguerite M. Hung (Applicant); and 3. Project Description; Application for Special Land Use Permit WHEREAS, Applicant requests a Special Land Use Permit to establish a mixed use medical office/single-family residence (Project) as depicted in plans on file with the Community Development Department; and 4. Town Centre I Project Area Committee Record on Application WHEREAS, the Town Centre I Project Area Committee held a duly noticed public hearing to consider said application on January 10, 2001 and after considering all evidence and testimony presented recommended by a vote of 4-0-0-3 that the Redevelopment Agency APPROVE the Special Land Use Permit; and 5. Redevelopment Agency Record on Application WHEREAS, a duly called and noticed public hearing on the Project was held before the Redevelopment Agency on January 16, 2001 to receive the recommendation of the Town Centre I Project Area Committee and to hear public testimony with regard to same; NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency does hereby find, determine, and resolve as follows: B. TOWN CENTRE I PROJECT AREA COMMITTEE RECORD The proceedings and all evidence on the Project introduced before the Town Centre I Project Area Committee at their public hearing on this Project held on January 10,2001 and the minutes resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has prepared a Notice of Exemption in accordance with the requirements of the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista. 4-S"" D. SPECIAL LAND USE PERMIT FINDINGS The Redevelopment Agency of the City of Chula Vista does hereby make the findings required by the Agency's rules and regulations for the issuance of Special Land Use Permits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at the particular location is necessary or desirable to provide a service Dr facility, which contributes to the general well being Df the neighborhood or the community. The proposed medical office would provide desirable health services to the general community and would be especially accessible to residents and workers in the Town Centre and surrounding area. The proposed use would be consistent with adopted policies in the General Plan and the Redevelopment Plan for the area. 2. That such use will nDt, under the circumstances of the particular case, be detrimental to the health, safety, or general we/fare of persons residing or working in the vicinity, or Injurious to property or improvements in the vicinity. The proposed use would not be detrimental to persons, but would make available desirable heath services that would contribute to the health and general welfare of persons. The health services would be especially accessible to persons in the vicinity. The project is categorically exempt from the California Environmental Quality Act and would not result in any significant environmental impacts. There would be no major exterior improvements tD the property; consequently, there would be no aesthetic or physical impacts to property or improvements in the area. The small scale of the proposed medical office use would not be incompatible with the neighborhood. The proposed use would be consistent with adopted policies in the General Plan and the Redevelopment Plan for the area. The establishment and operation of the use would be subject to the requirements of responsible agencies with jurisdiction. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. The proposed use would be required tD comply with the regulations of the Municipal Code, and in any case where it does not comply, this Special Land Use Permit is subject to modification or revocation. The Redevelopment Agency does hereby find that the conditions herein imposed on the grant of this permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed project. 4. That the granting of this Special Land Use Permit will not adversely affect the General Plan Df the City of Chula Vista Dr the adopted plan Df any government agency. The project is consistent with the policies of the General Plan. The Project is located within the boundaries of the Central Chula Vista Area Plan (Chapter 10 of the General Plan). Section 2.1, Land Use, identifies mixed uses as a primary element of Town Centre I and identifies the mixed use category of land uses. Goal 3, Objective 10 of the Area Plan specifically calls for "mixed commercial Dffice/residential uses" within the vicinity of Third Avenue. The Land Use Diagram delineates mixed use areas near Third Avenue. Section 5.1, Urban Core, identifies residential/office mixed use for the area south of E Street, west of Third Avenue, and east of Friendship Park. Section 5.3, Third Avenue Shops and Mixed Use, identifies mixed use for the area north and east of Friendship Park, along Glover, Garrett, and Landis Avenues. The proposed use is consistent with the goal of the Town Centre Redevelopment Plan, the Downtown Vision Statement, and Town Centre Project Area Committee Land Use Policy, which call for the revitalization of the Town Centre and downtown as a commercial district. Granting a 4-'- Special Land Use Permit for the proposed use will reaffirm the effectiveness of the land use provisions of those documents. E. TERMS OF GRANT OF PERMIT The Redevelopment Agency of the City of Chula Vista does hereby grant Special Land Use Permit LUP#TCI-00-001 subject to the following conditions: 1. The subject property shall be developed as described in the application and plans, except as modified herein. 2. The conditionaiiy permitted uses of the subject property shall be limited to medical offices and one single-family residence as described in the application and pians, except as modified herein. 3. The floor plans and the floor areas devoted to each of the conditionally permitted uses of the subject property shall not be modified 4. The conditionally permitted uses of the subject property shall not exceed the maximum occupancy load pursuant to the Uniform Building Code. 5. The hours of operation of the medical office use shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. 6. The proposed parking stalls shall be located at least 10 feet from the rear property line and 25 feet from the opposite side of the alley. 7. The applicant shall obtain all necessary permits from the Chula Vista Planning and Building Department and Fire Department. The Project shall comply with the requirements of the edition of the Uniform Building Code and the Uniform Fire Code in effect at the time of issuance of any permit. 8. This permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Chula Vista Municipal Code. 9. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit to protect the public from a specific condition dangerous to its health or safety or both due to the Project, which condition(s) the City shall impose after advance written notice to the permittee and after the City has given the permittee the right to be heard with regard thereto. However, the City in exercising this reserved right/condition, may not impose a substantial expense or deprive permittee of a substantial revenue source which the permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 10. The applicant shall and does hereby agree to indemnify, protect, defend, and hold harmless City, its Council members, officers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from a) City's approval and issuance of this Special Land Use Permit, b) City's approval or issuance of any other permit or action, whether discretionary or non discretionary, in connection with the use contemplated herein, and 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. 4-'1 F. 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. Upon execution, this document shall be recorded with the County Recorder's Office of the County of San Diego, and a signed, stamped copy returned to 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 application for building permits and/or a business license, be held in abeyance without approval. Said document will also 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 G. 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 to 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. H. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption 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 or 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 to be automatically revoked and of no further force and effect ab initio. PRESENTED BY APPROVED AS TO FORM BY rÁ ~ Chris Salomone Director of Community Development 4-fI ,-. EXHIBIT "A" CIVIC LIBRARY MEMORIAL PARK C HULA VISTA PLANNING AND BUILDING DEPARTMENT Ä~~~~T: ROBIN BRISEBO[S PROJECT DESCRIPTION: SPECIAL LAND USE PERMIT PROJECT 257 Garrett Avenue ADDRESS: Request: Proposed conversion of 495 square feet of the residence for medical office use-no additional square LOCATOR footage would be added to the floor area of the building. C:\mynles\locatmsITC 1 0OO01cdr 12/14100 0 ~ . ~ z ~ ~ » , ø ~ m . ~ . ~ . ~ . m " . ~ c o. " m m m . " C . . " ~ 0 ~ ' . . C 0 ~ ~ ~ m m ~ ~ " ' . " m 0 . ~ " ~ m ~ . ~ -I Õ 3 z 0 ~ -I :r ~ ~ m 00 00 -I -I m m ~ ~ < < < " m ~ ~ ~ ~ " . 0 c . . 00 ~ C m ~ ~ ~ -I . ~ ~ . " a . , , i ~ m } 0 . ~ ~ ~ f ~ ~ ~ 4-10 '< ~ -- CITY Of CHULA VISTA ILUP# íCl-{)O-OO/ TOWN CENTRE I REDEVELOPMENT PROJECT I SPECIAL LAND USE PERMIT APPLICATION T,:iS form shall be used for projects located within the Town Centre I Redevelopment Project which are subject to processing \!',rough the Redevelopment ,,:=ocy, in lieu of the Conditional Use Permit application form. WerE: In order for a Special Land Use Permit to be granted, the following findings must be made: 1) That the proposed use at the particular location is necessar¡ or desirable to provide a service or facility which contribute to the general well-being at the neighborhood or the community. 2) That such use will not, under the circumstances of the particular Câse, be detrimental to the health, safety cr ~eneral welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. 3) That the proposed use will comply with the regulations and conditions specified in the Municipal Code for SUC;1 "'õ. 4) That the gránting of this conditional use permit will not adversely affect the General Plan of the City of Chula V'lS'.a or the adopted plan of any governmental Agency. ~¡AME OF APPLICANT: ~{L-(St.." oJ ('5 (UJ~ I ¡.J Last Fint MAILING ADDRESS: 444 ( ~ -p,L\lP. WORK PHONE: '2-- "'1tJf -1..:'L-./q I No. Street '$1:> . e-.p. . q'l..-lIl/ HOME PHONE: City State Zip tt6-t-NT . ;.pPLlCANT'S INTEREST: ~OWN 0 LEASE 0 IN ESCROW 0 OPTION ro PURCHASE I 'YPE OF PROJECT: )1..RESIDENTIAL ~ COMMERCIAL 0 OTHER 1M (j¿~f) (/ S.::..--. cROJECT ADDRESS AND LOCATION: '2-57 &AiLfi..ßl MJf::..-. au... t\ l) I STEt- u c¡ rey to LEGAL DESCRIPTION OF SITE: At IV Q&?J - {'Sf -{ 7 -0 ò 11 <)6¿. (']1 [-or to pð(L-n e,W ¿¡NUt u fJ'T'A. c;4. Mire 6-0t:s.. BRIEF DESCRIPTION OF THE PROJECT: C4J rJ é:::: { L :; ( rJ ¡J VF- ;)'F-- ('- ID /U c¡¿éO uSE; /1/1.. t;::D, C-rtA.f'~ / /1-P)" I f) &fJ 7J r~ . / ExISTING USE OF PROPERTY: <:; ý(L AsSESSOR'S PARCEL NUMBER(S): úG:>o'/fil- t7.C/D ALL LETTERS, PLANS, ELEVATIONS, AND SHEETS SUBMITTED WITH THIS APPLICATION ARE AN INTEGRAL PART THEREOF. ~?IIJ -P..J2-I <) é13 ù ( 5 #J1? (Vv5r:J ~'---- [5 tJtjJ cú PRINT NAME OF APPLICANT SIGNAT';/' CATE -If 12/2712øeø 14: 13 58241384 PUBLIC PAGE 02 THE Cl7Y OF CHULA. flSTÁ PARTT DISCLOSURE STÆFßMENT t~ment 0( disclosure of cert.ain ownership interest>, payments, or ç¡unpaJgn contributions, on al! matters hích "'ÌU req1Üre c1ïscretionary D.ction on the part of t!u:> Oty CoWlet!, Planning Commission, Illtd nJJ other Official bod.fc:¡, The tolIowI.ng information J21ust be disclo5ed: lJst the namCt of 1111 persons having I! fu1at:cla! i!:terest in the contract, Le~ oontI"<lctOr, lubcontractDr, material supplier. 2 If 8Zlf poraon Identified purouant to (1) llbove I. II corporation or partnenl1íp. US( the names of all fDdMduaIs 0WIIinJ morc than 10% of the 5bMœ m the cœporatian or owning any pannenJùp interest i!1 the partnership. 3. If any penonldentifJed PUI'S'.1aDt to (1) above Is non-profit organization or a trust, &t the IUUIIct of any pcmm 1f'.rvh1g as woctor of Ihl! neD-profit organization or as trustee or beneficiary or truatcr of the tr~t. <I. Have 1°U had mOre tban ~2S0 worth of \)\I$!nau tl1inSac:t:è with any member of the City staff', BO~ Comm!Iaìons, Committees and Coundl witbin the past twelve months? Yes - No If yes, pleue Úldicate person(s): s. Please Identfty each and every person, including any agents. emplO)'ees, co¡uultanrs or inrlependcnt co.oiractc?rs who you have assigned to represent you Wore the Cí.% in this matter. RhEIN ;;?e/~Ii/?o¡S . ARc. ,7ÆCT RG LA-" d~ VA-¿dA ~()/,.it;i.Jt<:'-7õ¡4!... 6. Have you amI/or )'OUt of1jcers or agentf, in the awcf8te, contributed more than $1,000 to a CouncIImember in the current or preceding e1ect!on pe.,,'iod? Yos - No X If ~ state which Counc11mel11bor(s): lm!m 15 de.llnlcl u: '.Aft)' úrdiyùlllc.¿jImr. «>-parúltrshlp. jolm -tUN, tUm:kaWn, ..,,;fa} dub.frc.ú:mal Ø'I lanå4tfat, ccrpot'dl/ð11, utaU<, mut, twœIwr. ~ thb and any ,,/her """my, city Il1IJ/ CtJU1U("j. C/.Jy, mumcipallljl, dlstr/ç¡ cr othu pøl/¡J<J1l ...~/"", or II"Y fXhcr gruup or mnbtnøllOlC tlC1fJt1{ m D unll: }/r. /Yl.. (ùv..J (!'IOTJ!l Arw:.h aOOllJolUIJ pap .. necessary) Dt!.te:;J;i;¡/, 6/.3 6>/ ~ Æ. ~ , Signature of contractor/applicant Covti,..;¡.y( /?"¿lWdo. VA-LcI.4- ßc.J.HU! ~..;,.. 1^"ll:>Vo:OISCLQSB.'IXT Print or type name> of contrnctor/applicant {P.....0..4: I1f3OJPC - 2~7 (Ç ;¡. u.¡.:./I /.)- V CJ !7 (./~- Ý/ 6!a 4-1 'L //'l/õ ~~f?- NOTICE OF PUBLIC HEARINGS BY ~~= ~§'=-..:=- THE TOWN CENTRE PROJECT AREA COMMITTEE CITY OF AND THE REDEVELOPMENT AGENCY CHUlA VISTA NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE TOWN CENTRE PROJECT AREA COMMITTEE AND THE REDEVELOPMENT AGENCY of the City of Chula Vista, California, for the purpose of considering the following project: Case Number: Special Land Use Permit #TCI-00-001. Project Description: The establishment of a mixed use (medical office/single-family residence) at 257 Garrett Avenue. The property is a 6,250 square foot lot, which is developed with a 1,273 square foot, single-family residence. The applicant proposes to convert 495 square feet of the residence for medical office use-no additional square footage would be added to the floor area of the building. Project Location: 257 Garrett Avenue (APN 568-151-17-00). Project Applicant: Richard D. Blaine & Marguerite M. Hung, Property Owners Robin Brisebois, Agent/Architect Environmental Status: The proposed project is a class 3 exemption from environmental review. Written comments or petitions to be submitted to the Town Centre Project Area Committee or the Redevelopment Agency must be received no later than noon on the date prior to the public hearing. Please direct questions or comments to the Community Development Department, 276 Fourth Avenue, Chula Vista, California 91 91 0, or call (619) 409-5804. If you wish to challenge the City's action on this application in court, you may be limited to only those issues raised at the public hearing described in this notice or in written correspondence received at or prior to the public hearing described in this notice. A copy of the application is available for inspection at the Community Development Department. A PUBLIC HEARING WILL BE HELD BY THE TOWN CENTRE PROJECT AREA COMMITTEE OF THE CITY OF CHULA VISTA ON Wednesday, January 10, 2001 at 8:15 A.M. Conference Room 3, Public Services Building Chula Vista Civic Center, 276 Fourth Avenue A PUBLIC HEARING WILL BE HELD BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ON Tuesday, January 16, 2001 at 6:00 P.M. City Council Chambers, Public Services Building Chula Vista Civic Center, 276 Fourth Avenue CIVIC LIBRARY CIVIC ~ CENTER ,,~" COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the Americans with disabilities Act, requests individuals who require special accommodation 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 5 days for scheduled services and activities. Contact Mary Donnelly far specific information at (61 g) 691-5047. California Relay Service is available for the hearing impaired. H:\HOME\RaymandP\(LUP#TCI-00-001) 257 Garrett Ave\257 Garrett Ave NOH.dac December 14, 2000