HomeMy WebLinkAbout2007/04/12 CVRC Agenda Packet
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REGULAR MEETING OF THE
CHULA VISTA REDEVELOPMENT CORPORATION (CVRe)
AND ADJOURNED REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA
Thursday, April 12, 2007, 6:00 p.m.
COUNCIL CHAMBERS
276 FOURTH AVENUE
CHULA VISTA, CA 91910
CALL TO ORDER
CVRC ROLL CALL
Directors Castaneda, Desrochers, Lewis, McCann, Paul,
Ramirez, Rindone, Rooney and Chair Cox
CITY COUNCIL ROLL CALL
Council Members Castaneda, McCann, Ramirez, Rindone,
and Mayor Cox
PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE
1. WRITTEN COMMUNICATIONS
a. Memorandum from Paul Desrochers requesting an
excused absence from the Chula Vista
Redevelopment Corporation meeting of April 12,
2007
Staff recommendation: That the CVRC excuse the absence.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law. If you wish to speak on any item,
please fill out a "Request to Speak" form available in the lobby} and submit it to the Clerk prior to the meeting.
2. CONSIDERATION OF CONDITIONAL USE PERMIT PCC-07-047 FOR THE
ESTABLISHMENT OF A LASER TAG FACILITY AT 510-520 BROADWAY
The applicant, RNL Adventures, has submitted a Conditional Use Permit (CUP)
application for the re-use of an existing building located at 510-520 Broadway for
an indoor laser tag arena, video game arcade and party rooms.
Staff Recommendation:
That the CVRC adopt the following resolution:
2a. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION
APPROVING CONDITIONAL USE PERMIT PCC-07-047 FOR THE
RE-USE OF AN EXISTING BUILDING lOCATED AT 510-520 BROADWAY
FOR AN INDOOR LASER TAG ARENA, VIDEO GAME ARCADE AND
PARTY ROOMS, SUBJECT TO THE LIST OF CONDITIONS IN THE
CVRC RESOLUTION
3. CONSIDERATION OF DRC-06-69, INDUSTRIAL BUILDINGS AT CHULA VISTA
COMMERCE CENTER, 3525-3527 MAIN STREET
This is a multi-tenant industrial complex on a 2.24 acre site located at the southwest
corner of Main Street and Reed Court. The project will include two concrete
buildings totaling approximately 38,000 square feet of light manufacturing and
limited warehousing.
Staff Recommendation:
That the CVRC adopt the following resolution:
3a. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION
ADOPTING MITIGATED NEGATIVE DECLARATION (lS-07-022);
AND (2) APPROVING DESIGN REVIEW PERMIT (DRC-06-69) TO AllOW
THE CONSTRUCTION OF 37,289 SQUARE FEET OF INDUSTRIAL SPACE
ON THE SITE lOCATED AT 3525-3527 MAIN STREET
Page 2 of 4 CVRClCC - Agenda - 04/12/07
4. CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL
CODE CHAPTERS 19.07 - SPECIFIC PLANS, AND 19.80 - CONTROllED
RESIDENTIAL DEVElOPMENT (CRDO)
The proposed amendment to CVMC 19.07 would add provisions to further clarify
required content for local specific plans, including a program indicating how
needed facilities and services would be provided and financed and establish new
findings. In addition, the proposed amendment to CYMC 19.80 would provide that
areas zoned or proposed to be rezoned as part of a specific plan would be
deemed in compliance with the CRDO's zoning provisions provided it conforms to
CVMC Chapter 19.07.
Staff Recommendation:
That the CVRC adopt the following resolution:
4a. RESOLUTION OF THE CHULA VISTA REDEVElOPMENT CORPORATION
RECOMMENDING CITY COUNCIL APPROVAL OF PROPOSED
AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTERS 19.07
AND 19.80
That the City Council adopt the following ordinances:
4b. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE CHAPTER 19.07 - SPECIFIC PLANS
4c. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE CHAPTER 19.80 - CONTROLLED RESIDENTIAL
DEVElOPMENT
5. UPDATE REGARDING CVRC REORGANIZATION
PUBLIC COMMENTS
Persons speaking during Public Comments may address the CVRC and/or City Council on any subject matter
within the CVRC and/or City Council's jurisdiction that is not listed as an item on the agenda. State law generally
prohibits the CVRC and/or City Council from taking action on any issue not included on the agenda, but, if
appropriate, the CVRC and/or City Council may schedule the topic for future discussion or refer the matter to staff
Comments are limited to three minutes.
6.
CHIEF EXECUTIVE OFFICER'S REPORTS
7.
CHAIRMAN'S REPORTS
8.
DIRECTORS' COMMENTS
Page 3 of 4
CVRCJCC - Agenda - 04/12107
ClOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Friday following the CVRClCity Council Meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957.7).
9. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION S49S7(b)(1)
Title: City Manager
10. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE S49S7.6(a)
Unrepresented employee: City Manager
ADJOURNMENT
The Chula Vista Redevelopment Corporation will adjourn to its regularly scheduled
meeting on April 26, 2007, at 6:00 p.m.
The Chula Vista City Council will adjourn to its regularly scheduled meeting on April 17,
2007, at 6:00 p.m.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The (hula Vista Redevelopment Corporation requests individuals who require special accommodations to access, attend, and/or
participate in a eVRe meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings
and five days for scheduled services and activities. Please contact the Community Development Department for specific
information at (619) 691-5047, or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 4 of 4
CVRCJCC - Agenda - 04/12/07
----Original Message-----
From: Paul Desrochers [mailtoT " =
Sent: Friday, March 23,200710:10 AM
To: Lori Peoples
Subject: Absence from CYRC Meeting of April 12th
Please be advised that I will not be able to attend the CVRC meeting of
April 12th and wish to be recorded as an excused absence at that meeting.
Thank youl
IA.
.
..
CVRC Board
Staff Report - Page 1
Item No. 2
CORPORt\TION
CHUL.\ ViSTA
DATE:
April 12, 2007
FROM:
CVRC Board Directors /
Jim Thomson, Interim Chief Executive Officer 11
Ann Hix, Acting Director of comm,unit"Y Developmerd
. ./; ~\
Mary ladiana, Planning Manage1-/~<
v
TO:
VIA:
SUBJECT:
PUBLIC HEARING TO CONSIDER CONDITIONAL USE PERMIT PCC-07-
047 FOR THE ESTABLISHMENT OF A LASER TAG FACILITY AT 510-520
BROADWAY
Project Area: Merged Chula Vista Redevelopment Project Area
Developer! Appl icant RN L Adventures Inc.
Project Site: 510-520 Broadway
Project Type: Conditional Use Permit
Project Description: The applicant, RNl Adventures, Inc., has submitted a Conditional
Use Permit (CUP) application for the re-use of an existing
building located at 510-520 Broadway for an indoor laser tag
arena, video game arcade and party rooms.
ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the project
qualifies for a Class 1 categorical exemption pursuant to Section 15301 (existing facilities)
of the State CEQA Guidelines because the proposed use contains negligible or no
expansion of an existing use. Thus, no further environmental review is necessary.
RECOMMENDATION:
Staff recommends that:
d-I
Staff Report - Item No.2
April 12, 2007
Page 2
a. The Chula Vista Redevelopment Corporation (CVRC) adopt a resolution approving
Conditional Use Permit PCC-07-047 for the re-use of an existing building located at
510-520 Broadway for an indoor laser tag arena, video game arcade and party
rooms, subject to the list of conditions in the CVRC Resolution.
BOARDS/COMMISSIONS RECOMMEN DA TIONS
At its meeting of March 1, 2007, the Redevelopment Advisory Committee (RAC) reviewed
and discussed the application for the proposed laser tag facility. The RAC considered that
the site and the existing building are well suited for the laser tag facility. The RAC did not
propose any modifications to the existing site plan and recommended approval of the
project.
DECISION MAKER CONFLICTS
Staff has reviewed the property holdings of the CVRC Board members and has found no
property holdings within 500-feet of the boundaries of the property which is the subject of
this action.
DISCUSSION:
Project Location:
The subject building is within an existing retail center on a 2.63-acre parcel located on H
Street, approximately 140 feet west of Broadway. The existing commercial center contains
170 parking spaces and approximately 15% of the site is landscaped with a variety of trees,
shrubs and groundcovers. The existing use and land use and zoning designations adjacent
to the subject site are shown on the table below:
General Plan Designation Zoning Designation Existing Uses
Site Mixed Use - Commercial Commercial Current retai I space is
(MUC) Thoroughfare (CT) vacant. Smaller retail
uses occupy portions of
the center.
North Mixed Use - Commercial Commercial Restaurant, gas station
(MUC) Thoroughfare - and various retail uses
Design District
(CTD)
c(-~
Staff Report - Item No.2
April 12, 2007
Page 3
East Mixed Use - Commercial Commercial Restaurant and various
(MUC) Thoroughfare (CT) retai I uses
South Mixed Use - Commercial Commercial Restaurants and various
(MUC) Thoroughfare - retai I uses
Precise Plan (CTP)
West Mixed Use - Residential Commercial Various retail uses and
(MUR) Thoroughfare (CT) low-mid residential
Project Description:
The applicant, RNL Adventures, Inc., has submitted a Conditional Use Permit (CUP)
application for the re-use of an existing building located at 510-520 Broadway for an
indoor laser tag arena, video game arcade and party rooms. The proposed modifications to
the building are limited to interior tenant improvements necessary to convert the existing
building interior from a children's entertainment facility whose main business was hosting
children's birthday parties to a facility with a laser tag arena, video arcade game area,
snack bar and party rooms. The proposal does not include any exterior building
improvements or changes to the existing landscape (see Attachment 1).
The existing building has a contemporary commercial design and consists of stucco and
brick veneer. The building height is 19'-6" and covers approximately 24% of the lot area.
The only proposed change to the building exterior is the addition of new doors and glass
glazing on the eastern elevation to match the existing retail center.
CUP Requirement:
The proposed laser tag facility is considered commercial recreational facility use under
section 19.58.040 of the Chula Vista Zoning Ordinance, and as such it requires the
processing of a CUP to be reviewed and approved by the CVRC. CUP's are subject to the
requirements of Section 19.14.060 et. seq., which states: "The granting of a conditional
use permit is an administrative act to authorize permitted uses subject to specific
conditions because of the unusual characteristic or need to give special consideration to
the proper location of said uses in relation to adjacent uses, the development of the
community and to the various elements of the general plan."
Section 19.14.080 requires that the approving body make certain findings. These draft
findings and supporting evidence are included in the draft CVRC resolution that
accompanies this report.
d<3
Staff Report - Item No.2
April 12, 2007
Page 4
ANALYSIS:
Land Use Compatibility:
Because of the commercial nature of the use, it is considered compatible with the
surrounding land uses of the retail center. The laser tag facility would also offer a healthy,
safe and secure form of entertainment for children.
T raffi dC i rcu I ation/ Access/Parki ng:
Existing traffic enters the commercial center from either Broadway next to the Blockbuster
video store or from H Street by the entrances next to the Radio Shack retail store or the
family dentist office. Access points are well established and traffic can easily maneuver
around the building in order to access available parking.
The commercial center currently contains 170 parking spaces. Of the total parking, the
previous commercial/recreational use allocated 61 parking spaces for peak time use. These
parking spaces would continue to be available to the new commercial recreation use.
Security:
Because the use is a children's entertainment facility, child security must be addressed.
The laser tag facility staff will take several security measures, and several policies will be
implemented to ensure the security of the children during their visit. These measures and
policies include:
There will be seven to eight security cameras located on-site; several will be located
outside the facility, one at the front counter, one in each family party room, one in the
video arcade room and two inside the laser tag arena.
A uniformed security guard or an off duty Police office will be located on-site from 6
p.m to 12 a.m. on weekends.
CVMC Section 19.58.040 Development Standards:
The Chula Vista Municipal Code contains development standards, which must be met by
amusement and entertainment facilities. These standards are the following:
~-Lf
Staff Report - Item No.2
April 12, 2007
Page 5
CVMC Standards
All structures shall maintain a minimum setback of
20 feet from anv residential zone.
Ingress and egress from the site shall be designed so
as to minimize traffic congestion and hazards.
Adequate controls or measures shall be taken to
prevent offensive noise and vibration from any
indoor or outdoor activity onto adjacent properties
or uses.
Amusement arcades or centers shall also be subject
to the following:
1. Game play (except mechanical rides) by minors
is prohibited during normal school hours, 7:30
a.m. and 3:00 p.m., * and between the hours of
10:00 p.m. and 6:00 a.m. prior to a school day,
except when accompanied by an adult 21 years
of age or older;
2. There shall be adult supervision (persons 18
years of age or older) at all times;
3. A bicycle rack for at least 10 bicycles shall be
provided at or near the main entrance into the
establ ish ment;
4. No alcoholic beverages shall be sold or
consumed on the premises, except in those
instances where a restaurant in conjunction with
said use has been approved through the
conditional use permit process;
5. At least one public restroom shall be provided
on the premises;
d-.s
Proposed Project
The nearest residential zone is approximately
280 ft awav.
The project is proposed within an existing
retail commercial center. There will be no
alterations to the commercial shopping center
access poi nts or parki ng area.
The video arcade area wi II have a double
firewall and common hallway to separate the
use from the neighboring businesses. All
walls, both existing and new, will be sealed to
the deck. This is done to make sure that the
fog from the laser tag arena does not transfer
to other areas of the facility.
1. Proposed hours of operation are the
following:
Mon-Thu: 4pm-lOpm
Fri: 3pm - 12am
Sat: 1 Dam - 1 2am
Sun: 1 Dam - 10pm
The facility will not be open during school
hours.
2. A staff of 14-20 persons consisting of
local college students and young adults
will be on hand at all times.
3. A bicycle rack will be located near the
front entrance.
4. No alcohol will be served at any time.
5. A men's and women's restrooms will be
located on site.
Staff Report - Item No.2
April 12, 2007
Page 6
6. The license for the game(s) shall be displayed on1 6. The licenses for all games will be located
the oremises. . on site.
Note: Game play during normal school hours will be allowed if verification of holiday or year-around school
schedule is presented to the operator.
CONCLUSION:
Due to the re-use of an existing building, City staff has identified no issues regarding land
use, traffidcirculation/access, parking, or security. The proposed project meets the
conditional use permit findings required for the project as well as the development
standards outlined in CVMC 19.58.040. Therefore, staff recommends that the CVRC adopt
the resolution approving Conditional Use Permit PCC-07-047.
REDEVElOPMENT FISCAL IMPACT:
Issuance of Conditional Use Permit PCC-07-047 will have a neutral fiscal impact. The
private property will continue to generate redevelopment tax increment for the
Redevelopment Agency and other taxing entities.
ATTACHMENTS:
Attachment 1 :
Attachment 2:
Site and Eastern Elevation (CVRC Board Members only - hard copy on file)
Development Application with the following appendices:
Appendix A - Project Description and Justification
Appendix B - Ownership Disclosure Statement
Appendix C - Development Permit Processing Agreement
PREPARED BY:
Frank R. Alvarez, Community Development Specialist II
~-G
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Department
Planning Division
CflY OF
r:HULA VISfA
APPLICATION · DEVELOPMENT PROCESSING . TYPE A
Part 1
Type of Review ReQuested
~ Conditional Use Permit
o Design Review
o Variance
o Special Use Permit (redevelopment area only)
o Misc,
Case #:
Filing Date:
Assigned. Planner:
Project Account:
Deposit Account:
Related Cases:
STAFF USE ONLY
Application Information
11 Z.A.
.PUbliC Hearing
Applicant Name K IV L IfJ V'--I) NItI' 5 j; rJ (,-,
Applicant Address 679 c./fP',/{J/v /)0<10 Cl;t//1-V/)hr (/,4 01/9/3
Contact Name PJli",~ei/ S'()'V'Jr""U5 Phone (;.(7 ~C3- .c;/c!J
Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required
to process this request.) 0 Own I8fRent 0 Other:
Architect/Agent: J11t(;U it /l-h.q.I'T Address:3l90 JI'1ld""'.ty p,'de <;'11P"ioC,tj- 9).//0
Contact Name: fi7rf-nu ic .41c1/~ Phone: & / 7 J.:U - o/ii .
-'imary contact is: B Applicant 0 Architect/Agent Email of primary contact:
General Pro'ect Descri tion (all t es)
Project Name: Iff/,ft? II'> :/-9,><( f,1J ,4dvtt1/vIlt) Proposed Use:' ~5,<( /.4) /4rClrJe.
General Description of Proposed Project: ill/lid. L'7>e,f-~) iti1ep'I/', iJ,d"--J jfi"1(" I),C/I-,!e., ?'?rfy/r'J<dl'J
,oth..,) "I'll (t 5vpp/l/ k,fd"7 q,J!.. sniJ&ic. /)1)-(,
i, / . . _ .
Has this project received pre.application review comments? IZYes (Date:) I J' I 7 06 0 No
Subject Property Information [all types)
Location/Street Address: _<;'JO - S,)V (JON) d'v'flY [. hI//';' ~/( :,flr (,,it q) 'J / U
,
Assessor's Parcel #: ,S;-7 I-D50-;)').. -00 Total Acreage: Redevelopment Area (if applicable):To.vl') (.e'7f,,' J.
General Plan Designation: (11 (/ C Zone Designation: C--!'
Planned Community (if applicable):
Current Land Use: /71'; (OVC,^y "2. 01'1(,..
I
Within Montgomery Specific Plan? DYes @No
Proposed Project (all types)
,)8 of use proposed:
o Residential
gf Commercial
o Industrial
o Other:
Landscape Coverage (% of lot):
Building Coverage (% of lot):
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APPLICATION · DEVELOPMENT PROCESSING · TYPE A
Part 2
COY Of
CHULA VISfA
Residential Project Summary
Type of dwelling unit(s):
Dwelling units:
Number of lots:
PROPOSED
EXISTING
1 Bedroom
2 Bedroom
3+ Bedroom
TOTAL
Density (DU/acre):
Maximum building height:
Minimum lot size:
Average lot size:
Parking Spaces:
Required by code: Provided:
Type of parking (i.e. size; whether covered, etc.):
Open space description (acres each of private, common, and landscaping):
Non-Residential Project Summary
Gross floor area: 11, ).7? Proposed: 1').,)..7 (,
Hours of operation (days & hours): rr?- Till! L.j_jiJfI'I
Anticipated number of employees: .~ ()
Number and ages of students/children (if applicable):
Parking Spaces:
Required by code:
Existing: 1;),)..7 b Building Height:
rri 3-;']- Sill IO~~~I?- 5vY)
S L/ ~ S'
Maximum number of employees at anyone time:
Seating capacity: 7 0
I Oil'1"1_ !Or'I'"
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Provided:
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Type of parking (i.e. size; whether covered, etc.):
Authorization
Print applicant name:
Date: I
Applicant Signature:
Print owner name": b II '2.. LJt~ 11'7 (0 r 'JOiqte d
!, mer Signature": ~J 1~Y7.J.. _.
/fsSi){"jt}-f /0 17
.,
Date: ,/ / 0
I
07007
.Note: Proof of ownership may be required. Letter of consent may be provided in lieu of signature.
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Planning Division
Department
Development Processing
CITY OF
CHUIA VISTA
APPLICATION APPENDIX A
Project Description & Justification
Project Name:
fit )(q>1 hs l-q)&( flf~
v
~ IV 1- ,;J-d v-e '7 fur!)
/tdv1e'11vI!o
Applicant Name:
P i1C-'
Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval of
this project, and the project's benefits to yourself, the property, the neighborhood, and the City of Chula vista. Include any
details necessary to adequately explain the scope and/or operation of the proposed project. You may include any
background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use
an addendum sheet if necessary.
For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural
Guide.
~J 6/ff;~he d.
d.-II
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
Construction:
RNL Adventures Inc. DBA Atlantis Laser Tag Adventures proposes to make no
changes to the outside of 51 0-520 Broadway, Chula Vista CA. with the exception of
adding the required bicycle rack, discrete security cameras and allowable signage.
Inside: A 5,639 sq. ft. Laser Tag arena will be constructed, the exterior of which will be
made of sheet rock with metal studs and the interior of which will be made of plywood.
Special lighting including, but not limited to black light, a water based fog machine and
sound system will be installed for special effects. Creative works the industry leader, who
has done over 70 laser tag facilities, will do the themeing. (Making the interior and
extirior of the arena look like the Lost City of Atlantis) There will be 4 party rooms
approximately IS' x IS' that can accommodate up to 16 people each for children's
birthday parties, sports team outings, scouting events, school campus promotions, church
groups and corporate team building. Each room will have its own entrance. There will be
an accordian door between rooms 1 &2 as well as between rooms3&4 giving us the
ability to combine 2 rooms to accomadate larger groups. There will be a game
room/arcade opposite the party rooms and behind the arena. It will be approximately 50'x
40' and will house 35 games including ski ball, air hockey and a wide selection of video
games. We will re-supply the kitchen and snack counter. (There previously was a kitchen
with stove, pizza oven and deep fryer and a snack counter with soda fountain and ice
machine) These items will be re-installed and hooked up to the existing vent for the oven
and stove, grease trap for the deep fryer and drains for the soda fountain and ice machine.
We will feature a menu consisting of the usual types of party food. (Pizza, hamburgers,
hot dogs, French fries ECT.)
Beverages served will consist of soda, sports drinks, milk, milkshakes, juice, coffee and
hot chocolate. There will be NO alcohol served at any time.
Benefits
This property has sat vacant for the past two years. We will turn it into a first class,
high tech, unique destination for the young as well as the young at heart. It will be a drug
free, alcohol free and smoke free environment. We will not be open during school hours.
We anticipate having a staff of 14-20 and will hire local college students and young
adults.
It will be a place where children will want to have their birthday parties and a place their
parents will feel very comfortable with. There are very few places in Chula Vista to host
a party for a child over 7 years old. Though this is a game where child, parent and
grandparent can play together, the bulk of our business will come from the 7-21 year old
age group. Memberships will be available and there will be special team games for
members. This will give children a sense of belonging to something and a place to be
with their friends as well as make new friends with similar interests.
Our facility will be a natural tie in with one of San Diego's biggest and best tourist
attractions, Sea World. Our theme will be the Lost City of Atlantis and we intend to make
Chula Vistas Atlantis Laser Tag Adventure not only a destination for the people of Chula
Vista but a destination for the tourist in search of a unique experience while on vacation
in San Diego. There will be nothing like it in San Diego.
The Game
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Laser Tag is a high tech game of computerized hide and seek, tag and "capture the flag"
all rolled into one. The game is played in a maze called "the arena." Stepping into the
arena is like walking through a life-sized video screen into a futuristic labyrinth filled
with music, unique sound effects and intermittent flashes oflight and color breaking
through the foggy darkness stimulating the players' senses. It is an interactive adventure
game set in a fantasy world. Our world will be Atlantis. Players are briefed on the game
by game marshals who not only explain the game to all the players but make sure all the
players have their equipment on correctly and then accompany the players into the arena
to make sure all the rules are followed and everyone has a great time. The game is about
20 minutes from start to finish. This includes the briefing, vesting and 12 senses
stimulating minutes in the arena. There is no running, jumping or physical contact
allowed and scores are recorded by the computer and scorecards are given out to all
players at the end of their game. While the players are waiting for their game or their next
game they can visit the game room or watch the game being currently played on a closed
circuit video feed on one of the lobby monitors. Refreslunents will also be available from
the snack bar.
Appropriateness:
This location was formally Discovery Zone for Kids. It was a child's entertainment
facility with things for children to climb on and jump on. They featured party rooms to
accommodate their main business which was children's birthday parties. They had video
games and a kitchen for food prep with a snack bar.
We are proposing essentially the same thing. We are modernizing it and making it high
tech and instead of targeting the pre schoolers, we are targeting pre-teens and teenagers.
We plan the same kitchen, snack bar and rest rooms. Video games, the same number of
party rooms and our game is actually safer because there is no physical contact.
0.- 13
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CllY OF
CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Polley 101-01, prior to any action upon matters that will require discretionary action by the Council,
Pianning Commission and ail other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1.
list the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
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2.
If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
SCe.. 5 f}7>10 ,1/./h)-de r!.. 1-i s r
3.
If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
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4.
Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
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Has any person' associated with this contract had any financial dealings witty an official" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No~
5.
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6.
Have you made a contribution pf more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No i.. Yes _If yes, which Council member?
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276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
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CITY OF
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APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to -an officia!"" of the City of Chula Vista in the
past twelve (1~ months? (This includes being a source of income, money to retire a legal debt, gift, ioan, etc.)
Yes_ No~
If Yes, which officiai" and what was the nature of item provided?
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Date:
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Signature of Contractor/A plicant
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type name of Contractor/Applicant
"
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternai
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
..
Officiai includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
~-15
276 rourth Aven'Je
Chula Vista
California
91910
(619) 691-5101
Disclosure Statement
I: Abliz Unincorporated Association- Harriet Stone, Lowell Gold, Della Gold, Melanie
Gold, Marc Alan Gold, Leslie Gold Meakin, Audrey Sivan, Cynthia Schlunegger, Nancy
Stevenson, Edward Stone and Emilie Stone Owners of Property
R.N.L. Inc.- Mitchell Sommers and Scott Delgado renters of property and owners of
business applying for permit.
2: Same as above
3: Harriet Stone, Lowell Gold, Della Gold, Melanie Gold, Marc Alan Gold, Leslie Gold
Meakin, Audrey Sivan, Cynthia Schlunegger, Nancy Stevenson, Edward Stone and
Emilie Stone.
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P I ann
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Development Processing
CIlY OF
CHUIA VISTA
Development Permit Processing Agreement - Page 3
Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but such
participation shall not relieve the applicant of any obligation imposed by this condition.
4.6 Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been
presented in wnting and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City
for the purpose of resolving any dispute over the terms of this Agreement.
Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do
hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto.
Dated;
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
By:
Dated:
/ - t'i-07
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276 Fourth Avenue
Chula Vista
Cal iforn i a
91910
16191691.5101
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Development Processing
CIlY OF
CHUIA ViSfA
APPLICATION APPENDIX C
Development Permit Processing Agreement
Permit Applicant:
Appiicant's Address:
Type of Permit:
Agreement Date:
Deposit Amount:
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This Agreement ("Agreement") between the City of Chula Vista, a chartered municipai corporation ("City") and the
forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made
with reference to the following facts:
Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has
required to be obtained as a condition to permitting Applicant to develop a parcel of property; and,
Whereas, the City will incur expenses in order to process said permit through the various departments and before
the various boards and commissions of the City ("Processing Services"); and,
Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with
providing the Processing Services;
Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows:
1. Applicant's Duty to Pay.
Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including
all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's
Duty to Pay."
1.1. Applicant's Deposit Duty.
As partiai performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit").
1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against
Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the
Deposit remains, City shall return said balance to Appiicant without interest thereon. If, during the
processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminentiy
likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant
shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to
continue Processing Services. The duty of Applicant to initially deposit and to supplement said
deposit as herein required shall be known as "Applicant's Dep<lsit Duty".
2. City's Duty.
City shail, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty,
use good faith to provide processing services in relation to Applicant's Permit application.
2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or
for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City.
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CHUlA VISTA
Development Permit Processing Agreement - Page 2
2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied.
City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the
Processing Services, or the execution of the Agreement.
3. Remedies.
3.1. Suspension of Processing
In addition to all otiher rights and remedies which the City shall otherwise have at law or equity, the City has
the right to suspend andlor withhold the processing of the Permit which is the subject matter of this Agreement, as well as
the Permit which may be the subject matter of any other Permit which Applicant has before tihe City.
3.2. Civil Collection
In addition to all otiher rights and remedies which the City shall otherwise have at law or equity, the City has
tihe right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect
same, the prevailing party shall be entitled to reasonable attorney's fees and costs.
4. Miscellaneous.
4.1 Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in
writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served
if personally served or deposited In the United States mail, addressed to such party, postage prepaid, registered or
certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented.
4.2 Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Any action arising under or relating to this Agreement shall be brought oniy in the federal or state courts located in San
Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
4.3. Multiple Signatories.
If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be
jointly and severally liable for the performance of Applicant's duties herein set forth.
4.4. Signatory Authority.
This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the
Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory
shall be personaily liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been
authorized to execute this Agreement by Applicant.
4.5 Hold Harmless.
Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and
employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders,
injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of
City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not
limited to the giving of proper environmental review, the hoiding of public hearings, the extension of due process rights,
except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the
City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include
any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in-
defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense,
shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or
employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the
cY.-lq
276 Fourth Avenue
Chula Vista
California
91910
(619) 691.5101
CVRC RESOLUTION NO. 2007-
RESOLUTION OF THE CllliLA VISTA REDEVELOPMENT
CORPORATION MAKING CERTAIN FINDINGS AND
APPROVING CONDITIONAL USE PERMIT PCC-07-047 FOR
THE RE-USE OF AN EXISTING BUILDING LOCATED AT
510-520 BROADWAY FOR AN INDOOR LASER TAG
ARENA, VIDEO GAME ARCADE AND PARTY ROOMS,
WITHIN THE MERGED CHULA VISTA REDEVELOPMENT
PROJECT AREA
A RECITALS
I. 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 510-520 Broadway, Chula Vista; and
2. Project; Applications for Discretionary Approval
WHEREAS, on January 25, 2007 a duly verified application for a Conditional Use
Permit was filed with the City ofChula Vista Planning and Building Department on behalf of the
RNL Adventures Inc. ("Applicant") for the re-use of an existing building for an indoor laser tag
arena, video game arcade and party rooms, within the Merged Chula Vista Redevelopment
Project ("Project"); and
3. Chula Vista Redevelopment Corporation Record on Application
WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment
Corporation for consideration of the Project and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the City, and its mailing to
property owners and residents within 500 feet of the exterior boundaries of the property, at least
ten (10) days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely on April
12,2007 at 6:00 pm in the City Council Chambers, 276 Fourth Avenue, before the Chula Vista
Redevelopment Corporation and said hearing was thereafter closed; and
WHEREAS, the Chula Vista Redevelopment Corporation considered all reports,
evidence, and testimony presented at the public hearing with respect to the application.
6tt,-1
CYRC Resolution No. 2007-
Page 2
B. ENVIRONMENTAL DETERMINATION
The proposed project was reviewed for compliance with the California Environmental Quality
Act (CEQA) and it has determined that the project qualifies for a Class I categorical exemption
pursuant to Section 15301 (existing facilities) of the State CEQA Guidelines because the
proposed use contains negligible or no expansion of an existing use. Thus, no further
environmental review is necessary.
C CONDITIONAL USE PERMIT FINDINGS
The Chula Vista Redevelopment Corporation does hereby make the findings required by CYMC
19.14.080 for the issuance of conditional use permits, as herein below set forth, and sets forth,
there under, the evidentiary basis that permits the stated findings to be made.
1. That the proposed use at the particular location is necessary or desirable to provide a
sen}ice or facility which will contribute to the general well being of the neighborhood or
the community.
The proposed use at this location is desirable in that it provides a healthy and safe form of
entertainment for children, which will contribute to the general well being of the community.
The stated purpose of the applicant to "give children a sense of belonging to something and a
place to be with their friends as well as make new friends with similar interests." There are no
similar types of laser tag facilities in the city for families to host parties for children. At the
proposed facilities, families can host parties for their children as well as enjoy the laser tag
facility as a family.
2. That such use will not, under the circumstances of the particular case, be detrimental to
the health, sqfety or general welfare of persons residing or working in the vicinity, or
injurious to property or improvements in the vicinity.
The proposed facility will not be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity in that adequate controls will be taken to ensure the security
of children. The public health, safety, and welfare is adequately protected by the amount of
supervision to ensure the safety of the children located on site. The proposed operation of a laser
tag amusement center would in no way endanger members of the community.
3. That the proposed use will comply with the regulations and conditions specified in this
title for such use.
The proposed use would be required to comply with the regulations of the Municipal Code, and
in any case where it does not comply, the CUP is subject to modification or revocation.
4. That the granting of this conditional use will not adversely affeci the General Plan of the
City or the adopted plan of any government agency.
clo...-~
CYRC Resolution No. 2007-
Page 3
The proposed use will not adversely affect the General Plan of the City. This area of the City is
designated the H St. Corridor District by the recently adopted General Plan and is envisioned to
be a mix of commercial, office and residential uses. The project site is within the Merged
Redevelopment Project Area. The Amended and Restated Redevelopment Plan (2004) for this
Project Area defers to the City's General Plan and Zoning Ordinance for land use authority.
D. CONDITIONS OF APPROVAL
Prior to the issuance of Certificate of Occupancy by the City of Chula Vista for the use of the
subject property in reliance upon this approval, the applicant shall satisfy the following
requirements:
1. The subject property shall be maintained III substantial conformance with the approved
application and plans.
2. Applicant shall submit all final interior and exterior design plans for review and approval
prior to the issuance of building permits.
3. The Applicant/Owner shall comply with all applicable federal, state, and local requirements,
and in any case where it does not comply, this permit is subject to modification or
revocation.
4. This permit shall become void and ineffective if not used or extended within one year from
the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code.
5. The video arcade area will designed with a double firewall and common hallway that will
separate the use from the neighboring businesses. All walls, both existing and new, will be
sealed to the deck to prevent offensive noise and vibration from any indoor or outdoor
activity onto adjacent properties or uses, as required by CYMC 19.58.040.
6. There shall be adult supervision (persons 18 years of age or older) at all times.
7. A bicycle rack for at least 10 bicycles shall be provided at or near the main entrance into the
establishment.
8. No alcoholic beverages shall be sold or consumed on the premises.
9. The license for the games shall be displayed on the premises.
10. 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.
d,a.- ..3
CYRC Resolution No. 2007-
Page 4
11. The applicant shall and does hereby agree to indemnify, protect, defend, and hold harmless
the 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 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 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.
Applicant's Signature
Date
BUILDING DIVISION CONDITIONS
12. The project must comply with Title 24 (2005 Energy Conservation and 2001 Disabled
Access Regulations), 2001 California Building Code (CBC), California Mechanical Code
(CMC), California Plumbing Code (CPC) and 2004 California Electrical Code (CEC).
13. One-hour fire resistive construction is required between the A3 occupancy and the Band M
occupancy. CBC Section 302.2., Table 3-B. (See exceptions in CBC Section 302).
14. Main and side exits in conformance with CBC Sections 1007.2.1 and 1007.2.2 of should be
provided for the Group Division 2.1 Occupancies.
15. All doors and gates, within the exit path of group occupancies to a public way, shall not be
provided with latches or locks unless they are equipped with panic hardware.
16. Provide tactile exit signs per CBC Section 1003.2.8.6.
17. Where exit signs are required by CBC Chapter 10, additional approved low-level exit signs
which are internally or externally illuminated photo luminescent or self-luminous, shall be
provided in all interior rated exit corridors of Group A Occupancies. 1007.2.8.
18. Light and ventilation should comply with CBC Sections 1202.1 and 1202.2.1. Where
mechanical ventilation is provided, not less than 15 cubic feet per minute (7 Lis) of outside
air per occupant should be provided.
<::5l 0., - Lt
CYRC Resolution No. 2007-
Page 5
19. A Chula Vista Fire Department approved fire alarm system should be installed as set forth in
the Fire Code provisions for Group A, Division d 2.1 Occupancies per eBe Section 303.9.
20. At least one lavatory for each two restrooms for each sex should be provided and at least one
drinking fountain should be provided in accordance with eBC Section 2902.2. All restrooms
must be handicap accessible.
21. Provide at least one drinking fountain in Group occupancies per CBC Section 2902.2.
22. Provide Posting of Room Capacity per CBe Section 1007.2.6.
23. The new proposed tenant improvement must fully comply with eBC Chapter lIB Handicap
Accessible Requirement.
GENERAL SERVICES DEPARTMENT CONDnaONS
24. Each applicant for a land use or building permit shall develop a "Recycling and Solid Waste
Management Plan" to the Environmental Services Program Manager for review and approval
as a part of the permit process. The Plan shall demonstrate those steps the applicant will take
to comply with Municipal Code, including but not limited to Sections 8.24, 8.25 and
19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste generated
by all residential, commercial and industrial developments (including demolition and
construction phases).
25. The applicant shall contract with the City's franchise hauler throughout the construction and
occupancy phases of the project. The "Recycling and Solid Waste Management Plan"
features should be identified on the building plans.
E. GOVERNMENT CODE SECTION 66020(d)(I) NOTICE
Pursuant to Government Code Section 66020(d)(I), NOTICE IS HEREBY GIVEN that the 90
day period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this resolution begins on the effective date of this resolution and any such protest
must be in a manner that complies with Section 66020(a) and failure to follow timely this
procedure will bar any subsequent legal action to attack, review, set aside, void or annul
imposition. The right to protest the fees, dedications, reservations, or other exactions does not
apply to planning, zoning, grading, or other similar application processing fees or service fees in
connection with this project; and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges to any fees
for which the Statute of Limitations has previously expired.
cl ~ --S
CYRC Resolution No. 2007-
Page 6
F. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council 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.
NOW, THEREFORE, BE IT RESOLVED THAT THE CHULA VISTA
REDEVELOPMENT CORPORATION does hereby approve a resolution approving Conditional
Use Permit PCC-07-047, subject to the conditions listed above, for the re-use of an existing
building located at 510-520 Broadway for an indoor laser tag arena, video game arcade and party
rooms, within the Merged Chula Vista Redevelopment Project
Presented by:
Approved as to form by
Ann Hix
Acting Director of Community Development
Ann Moore
General Counsel
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EXHIBIT A
dt 0..-- 7
.
1,-.'
CVRC Board
Staff Report - Page 1
Item No.3
DATE:
April 12, 2007
CVRC Board Directors /'
Jim Thomson, Interim Chief Executive Officer j! .~
Ann Hix, Acting Director of Community Developmentof("
'-'1 r?'
Mary ladiana, Planning Manager II':?-
TO:
VIA:
FROM:
SUBJECT:
Public Hearing to Consider DRC-06-69, Industrial buildings at Chula Vista
Commerce Center, 3525-3527 Main Street
Project Area:
Developer:
Project Site:
Project Type:
Project Description:
I Merged Chula Vista Redevelopment Project Area
Voit Development Company
3525 & 3527 Main Street
Design Review
Multi-tenant industrial complex on a 2.24-acre site located at
the southwest corner of Main Street and Reed Court. The
project will include two concrete buildings totalling
approximately 38,000 square feet of light manufacturing and
limited warehousing.
ENVIRONMENTAL
The proposed project has been reviewed for compliance with the California Environmental
Quality Act (CEQA) and an Initial Study, IS-07-022 has been conducted in accordance with
the California Environmental Quality Act Based upon the results of the Initial Study, it has
been determined that the project could result in significant effects on the environment
However, revisions to the project made by or agreed to by the applicant would avoid the
effects or mitigate the effects to a point where clearly no significant effects would occur;
therefore, a Mitigated Negative Declaration, 15-07-022, has been prepared,
RECOMMENDATION:
That the Chula Vista Redevelopment Corporation adopt a resolution:
-3-1
Staff Report - Item No.3
Page 2
1) Adopting Mitigated Negative Declaration (IS-D7-022); and
2) Approving Design Review (DRC-06-69), subject to the list of conditions in
the CYRC Resolution.
BOARDS/COMMISSIONS RECOMMENDATIONS
At its meeting of February 1, 2007, the Redevelopment Advisory Committee (RAC)
reviewed and discussed the application for the proposed multi-tenant industrial space at
3525-3527 Main Street. The RAC considered that the proposed buildings were well-suited
for the site and they commented that this complex, along with the adjacent buildings to
the west, would be an improvement from the present development in the area. Public
comments raised concerns regarding drainage along Reed Court, in particular during
rainstorms. The RAC requested that this issue be addressed at the subsequent RAC
meeting.
On March 1, 2007, the RAC again considered the project, and at that meeting the
Engineering Department addressed drainage issues. While drainage is an issue in this
vicinity, the project and the conditions placed upon it will cause a reduction in off-site
drainage. The Applicant has agreed to implement those conditions.
DECISION MAKER CONFLICTS:
Staff has reviewed the property holdings of the CYRC Board and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this
action.
DISCUSSION:
1. Site location and Surrounding Uses
The subject property is located on the south side of Main Street, between Albany Avenue
and Reed Court (see Attachment 1). The 2.24-acre project site has approximately 280 feet
of frontage along Main Street and 330 along Reed Court. It has previously been used by a
variety of small businesses involved in light industrial uses.
Land uses adjacent to the project site include auto repair and wrecking uses to the east, the
Otay Gym and Recreation Center to the north across Main Street, auto towing and storage
to the south, and a newly constructed multi-tenant industrial building to the west.
-3~
Staff Report - Item No.3
Page 3
2. Project Description
The proposed project consists of two industrial buildings, one being 35 feet and the other
29 feet in height, the taller one having a mezzanine on its north side. Construction is of
concrete tilt-up panels in two shades of beige, with unpainted steel canopies above all
suite entrances. The center driveway from the east provides truck access to the rear of
both buildings, which have roll-up doors. Trash and electric service enclosures are
concealed from view in the center driveway.
The main driveway and pedestrian entrance is from Main Street on the north side of the
lot, while there are three driveways and one pedestrian route from Reed Court to the east.
Site circulation accesses all sides of the buildings, with 95 parking stalls around the
buildings. Landscaping materials, including trees, shrubs and lawn, will be distributed
around the perimeter of the lot.
3. Development Standards
The development is in accordance with the following criteria:
Assessor's Parcel No.: 619-100-15
Current Zoning IL-P - Limited Industrial Zone
Proposed Zoning Same
General Plan IL - Limited Industrial
Building Coverage 39%
Lot Area 2.24 acres
DEVELOPMENT STANDARDS:
REQUIRED PROPOSED
Setbacks (per IL zone)
Front Yard: 20 feet 20 feet
Ext. Side Yard: 15 feet 1 5 feet
Side Yard: none 50 feet
Rear Yard: none 58 feet
Parking (per CVMC 19.62.050)
Manuf. (1/800sl) 47 spaces 95 spaces
-.3 -.21
Staff Report - Item No.3
Page 4
4. Analysis
The project has been evaluated in accordance with the goals and objectives of the Chula
Vista General Plan (2005), the Zoning Ordinance and the City's Design Manual. While
the projed site is within the Merged Redevelopment Project Area, the Amended and
Restated Redevelopment Plan (2004) for this projed Area defers to the City's General Plan
and Zoning Ordinance for land use authority. As described above the proposed project is
consistent with the land use designation in the General Plan and the development
standards for the I L zone.
The guidelines for industrial development in the City's Design Manual are intended to:
Encourage projects which respect the character and scale of adjoining
developments, with particular attention to sites in older, mixed-use areas,
and sites which adjoin residential neighborhoods or other uses which may
be particularly sensitive to the scale and impads of industrial development.
(CVDM p. /V-I)
In addition to this project being adjacent to a development designed by the same architect
and having similar and compatible design features, these buildings are sensitive to the
scale of the residential development to the north. By maintaining a height not dissimilar to
the cityscape to the north, as well as providing vertical wall plane variations that subtly
mirror the residential development, the overall project is harmonious with surrounding
structures.
Promote a functional and attradive arrangement of buildings, open spaces,
parking, circulation and loading areas which are sensitive to the physical
characteristics and constraints of the site, and which provide efficient and
pleasant places to work. (CVDM p. /V-I)
The site plan and building arrangement is appropriate for the parcel and provides loading
and utility areas concealed between the two buildings. Taking into account that many
employees might use public transportation, this site plan provides two effective routes for
pedestrian access, both of which lead directly to the more attractive main building facades.
The three access points along Reed Court meet the Fire Department's access requirements.
The overall landscaping is consistent with City standards and provides a good transition
and extension to the adjacent industrial complex located to the west of the site which is
currently under construction.
Create a high quality of architedural and landscape design, with an
emphasis on fundional needs, reducing the apparent mass of large scale
...3 - Y.
Staff Report - Item No.3
Page 5
buildings, and screening and buffering loading, storage and working areas
from incompatible land uses and from the public view. (CVDM p. /V-I)
Rather than just providing a flat, utilitarian fa!;ade to these simple buildings, the designer
has articulated the two main facades, reducing the building mass and thus providing a
much higher quality architectural appearance. All loading, storage and working areas are
located in the center of the complex and would be screened from view.
5. Additional Site Design Issue
At the February 1, 2007 RAC meeting, an adjacent neighbor to the south raised the
issue of the flooding his site received during rainstorms, explaining that drainage
travels down Reed Court from Main Street. RAC members requested a clarification
regarding City-required street improvements. At the March 1, 2007 meeting, City
Engineering Department staff provided information regarding the status of their
review of the project's site drainage. Staff indicated that the developer had
submitted and obtained approval of a preliminary drainage study. This study
concluded that the project would reduce peak runoff flows from the project site by
incorporating landscaping and detention facilities within the project boundaries,
thus reducing any potential drainage problems. The drainage study has been
reviewed by City Engineering staff and measures to retain runoff and incorporate
best management practices (BMPs) will be a condition of project approval. The
Engineering Department has identified Reed Court in their OP list for drainage
improvements. The ultimate improvement of the drainage facilities along the entire
length of Reed Court would be addressed at that time. Because of pending long-
term drainage improvements, the Engineering Department is requiring the applicant
to provide interim street improvements instead of permanent half-width
improvements along Reed Court. The conditions of approval are attached to the
draft Resolution.
REDEVELOPMENT FISCAL IMPACT
The proposed project will create an increase in assessed valuation and the Agency will
receive one percent of this increase as tax increment revenue. Of the one percent, the
Agency will place 20% in the low and moderate income housing fund, 20% to the County
of San Diego, 7% to the Sweetwater Union High School District, 2% to Southwestern
Community College, 1 % to the San Diego County Office of Education, and 11 % to the
Chula Vista Elementary School District, leaving the Agency approximately 39% percent of
the 1 % increase in assessed valuation available for redevelopment activities. The pass
through percentages are applicable to the Southwest Project area only.
...3-S
Staff Report - Item No.3
Page 6
ATTACHMENTS:
Attachment 1:
Attachment 2:
Attachment 3:
PREPARED BY:
Site and Building Plans
Development Application with the following appendices:
Appendix A - Project Description and Justification
Appendix B - Disclosure Statement
Appendix C - Development Permit Processing Agreement
Mitigated Negative Declaration 15-07-022
Ann Pease, Associate Planner
-3-(0
ATTACHMENT 1 CONSISTS OF SITE AND BUILDING PLANS
AND IS INCLUDED IN YOUR BINDER
-.3-1
Attachment 2
P I ann
n g &
B u
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n g
Department
Planning Division
CnY OF
CHULA VlsrA
APPLICATION . DEVELOPMENT PROCESSING · TYPE A
Part 1
Type of Review ReQuested
o Conditional Use Permit .
'1<::Y.. ., JUN 2 2 Z006 '-'I
.l<'\ Design Review '" LL__~~~,~<--JL..;
DO Variance i Pl~,t~hL'IC~ J1
Special Use Permit (redevelopmellW><eCFOnly' ....' .- '
o Misc.
STAFF USE ONLY T':vJ /' . _
Case#:~00 0C1
Filing Date: 0/72.1.// V-> B~SJJ
AsSigned Planner: A ~ _
Project Account: 13 L-7~"'f
Deposit Account: I ~5 ~
Related Cases:
A lication Information 0 Z.A. Public Hearing
ApplicantName VOlT pvFJ Qf2b1E"IT LO~N.y
APPllcantAddress~3~ LA ~lJ..A \(~~ ~~ -sl1[E \00 '3,oCf\
Contact Name ~\__. ~_ Phone __ _9:;__ Q,9.ldd-
\
Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required
to process this request.) ~ Own 0 Rent 0 Other:
Architect/Agenl:~~~;'f> Address:~ ~~f:d ~3\() '3D. ~
Contact Name: ~~b...... _ __ Phone: ~ I __ ~ _1:.XT \oL Dt 2/ 'l
Primary contact is: !ZIApplicant 0 Architect/Agent Email ofPrimarYCOntaCl:_PtJIV..)Y\@yoitco.COM
General Project Description (011 types)
Project Name: OI;\UL--A \fIS~ ~t ~t- 'WProoosed Use: \\Jotls~\cl--
General Description of Proposed Project: (9-') Ntll\ \ (NO' \e:,\f-\.A.L {2:::u, LO ,,\( -f?
Has this project received pre.application review comments? 0 Yes (Date:)
[gJ No
Subject Property Information (all types)
Location/Street Address:3.CS 2") 1'::2J:-J:21 1v\,t::. \ W . ~-r~l'
Assessor's Parcel #: 19;2.9-\00 ~ I!?- Total Acreage: :J." It- Redevelopment Area (if apPliCable)~~~
General Plan Designation: I 1..- Zone Designation: :c L- r
Planned Community (ir applicable):
Current land Use:.J ~Tf\,t:..l-- ~ No
Proposed Project (all types)
Type of use proposed: 0 Residential
Landscape Coverage (% of lot):
tJ Commercial
~ Industrial 0 Other:
Building Coverage (% of iot):
::::.,%
.,3- g
276 Fourth Avenue
(hula Vista
California
91910
(6191691-5\01
~l~
---
APPLICATION . DEVELOPMENT PROCESSING · TYPE A
Part 2
CnvOF
CHUIA VISTA
Residential Project Summary
Type of dwelling unit(s):
Dwelling units:
Number of lots:
PROPOSED
EXISTI N G
1 Bedroom
2 Bedroom
3+ Bedroom
TOTAL
Density (DU/ acre):
Maximum building height:
Minimum lot size:
Average lot size:
Parking Spaces:
Required by code: Provided:
Type of parking (i.e. size; whether covered. etc.):
Open space description (acres each of private, common, and landscaping):
Non-Residential Project Summary
Gross floor area: ~17f ?"f\yroposed:
Hours of operation (day~ & hours): 5
Anticipated number of empioyees: J:S(J
Number and ages of students/children (if applicable):
Parking Spaces:
-::>r~ ~
Required by code: ..J r<;.:J Provided: -1 -
Type of parking (i.e. size; whether covered, etc.):
EXiSling:~A
l::i.
Building Height:
:;?:>bLoU
Maximum number of empl yees at anyone time: Co!).
t)/-A
fA
Seating capacity:
~o \t~r!'!('
19p1
.AG\L \
Authorization
'''",..''';':",""m.~_~:=r-
Applicant SIgnature: ..
,
Date: 4~ {I ( ,
*Note: Proof of ownership may be required. Letter of consent may be provided in lieu of gig nature.
~~n
. '"if; ~ ~\~
\,,-, \/-'"
Print owner name";
Owner Signature':
Date: .fIr /0 .-elk
-..3 - q
276 Fourth Avenue
(hula Vista
California
91910
(619) 691-5101
p I ann
n g
&
Building
Planning Division I
Department
Development Processing
enY OF
CHUIA VISfA
APPLICATION APPENDIX A
Project Description & Justification
prOjectName:-1J\JLA '/'(7TA 0,oMV1~e /Y1.~f- *
Applicant Name:'{o.q Qy:e.L-n\~~dT ~r\
Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval of
this project, and the project's benefits to yourself, the property, the neighborhood, and the City of Chula vista. Include any
details necessary to adequately explain the scope and/or operation of the proposed project. You may include any
background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use
an addendum sheet if necessary.
For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural
Guide.
~
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.,3-10
276 Fourth Avenue
Chula Vista I California L 91910 L (6191 h91-5101
p I ann
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& Building
Planning Division
Department
Development Processing
eflY OF
CHUlA VISfA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and ali other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions far a City of Chula Vista ejection must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
~ t<\C\~'{\ 0\ 'VtU(~ 0 \J) U.D
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
""eo;},,,,", '" .. """"'" 1~,,""o",OO"~",") '"""
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
'(\I~
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
~GliHV Ti:S~<2G ~fJ~,.(t) 10 Ie 0'-1:,
~ hQI.W I O?(~\\(J 'tv l}I{XflAY\(WOiVLD
5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No ''\/''
If Yes, briefly describe the nature of the financial interest the officiai** may have in this contract.
6.
Have you made a contribution jJf more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? NoL Yes _If yes, which Council member?
-2-11
276 Fourth Avenue
Chula Vista
California
91910
(6191691.5101
~\~
-11-
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- -
p I ann
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& Building
Planning Division
Department
Development Processing
CnY OF
CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent vaiue) to an official" of the City of Chula Vista in the
past twelve (12J)l1onths? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes _ No..J.L..
if Yes, which official** and what was the nature of item provided?
I..-
"
Print or
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
**
Officiai includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
~-/~
276 Fourth Avenue
Chula Vista
California
91910
(6191691-5101
CITY OF CHULA VISTA
STATEMENT OF AMOUNT DUE
PLANNING DIVISION
project Type:DESIGN REVIEW
Sub-Type: HEARING
planning Case #:DRC-06-69
Receipt #: R04042448
project Title: Chula vista Commerce Center II
Location: 3525 & 3527 Main St
Applicant: VOlT DEVELOPMENT COMPANY
project Acct #: BL-789
Deposit Acct #: 1353
Transaction Date: 06/21/2006
Total payment: $4,120.00
Transaction List:
Type
Method Check #
Amount
payment
Check
24
4,120.00
Account Item List:
Fee Description
Trans code
pmt: Arnt:
public Hearing
Records Management: Fee
9501
2153
4,000.00
120.00
Account Number: 00892-2721/01091353-800000
Initials:SB
Entered Date:06/21/2006
User Id:SYDNEYB
Time:04:08 PM
-3-' 2>
~v?-
-,-
r _
p I ann
n g
& Building
Planning Division
Department
Development Processing
CfTY OF
CHUlA VlsrA
. APPLICATION APPENDIX C
Permit Applicant:
Applicant's Address:
Type of Permit:'
Agreement Date:
Deposit Amount:
<S,~ ~ \Z-rz.:z...
This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the
forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made
with reference to the following facts:
Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has
required to be obtained as a condition to permitting Applicant to develop a parcel of property; and,
Whereas, the City will incur expenses in order to process said permit through the various departments and before
the various boards and commissions of the City ("Processing Services"); and,
Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with
providing the Processing Services;
Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as foilows:
1. Applicant's Duty to Pay.
Appiicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including
all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's
Duty to Pay."
1.1. Applicant's Deposit Duty.
As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit").
1.1.1. City shall charge its lawful expenses Incurred in providing Processing Services against
Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the
Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the
processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently
likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant
shall forthwith provide such additionai deposit as City shall calcuiate as reasonably necessary to
continue Processing Services. The duty of Applicant to initialiy deposit and to supplement said
deposit as herein required shall be known as "Appiicant's Deposit Duty".
2. City's Duty.
City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty,
use good faith to provide processing services in relation to Applicant's Permit application.
2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or
for failure to process Applicant's Permit within the time frame requested by Appiicant or estimated by City.
-.2 - I t.f
1276 Fourth Avenue
Chula Vista
Californ.ia
91910
(6191601-5101
~l~
-,-
~ .:
P I ann
n g
& Building
Planf),ing Division
Department
Development Processing
CITY OF
CHUlA VISTA
Development Permit Processing Agreement - Page 2
2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied.
City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the
Processing Services, or the execution of the Agreement.
3. Remedies.
3.1. Suspension of Processing
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has
the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as
the Permit which may be the subject matter of any other Permit which Applicant has before the City.
3.2. Civil Collection
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has
the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect
same, the prevailing party shail be entitled to reasonable attorney's fees and costs.
4. Miscellaneous.
4.1 Notices.
All notices, demands or requests provided for or penmitted to be given pursuant to this Agreement must be in
writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served
if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or
certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented.
4.2 Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San
Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
4.3. Multiple Signatories.
If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be
jointly and severally iiable for the performance of Applicant's duties herein set forth.
4.4. Signatory Authority.
This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the
Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory
shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been
authorized to execute this Agreement by Applicant.
4.5 Hold Harmless.
Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and
employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders,
injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of
City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not
limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights,
except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the
City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include
any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense,
shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or
empioyees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the
-..3 - IS
1276 Fourth Avenue
Chula Vista
California
91910
(619) 691.5101
P I ann
n g
& Building
Planning Division
Department
Development Processing
eflY OF
CHUlA VISTA
Development Permit Processing Agreement - Page 3
Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but such
participation shallrmt relieve the applicant of any obligation imposed by this condition.
4.6 Administrative Ciaims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this agreement against the City uniess a claim has first been
presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fuliy set forth herein, and such poiicies and procedures used
by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City
for the purpose of resolving any dispute over the terms of this Agreement.
Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do
hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto.
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
Dated:
By:
Dated:
By:
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276 Fourth Avenue
Chuld Vista
C al iforni a
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AHachment 3
Mitigated Negative Declaration
PROJECT NAME: Chula Vista Commerce Center II
PROJECT LOCATION: 3525-3527 Main Street
ASSESSOR'S PARCEL NO.: APN #629-100-1500
PROJECT APPUCANT: Voit Development CompanyiPeter Quinn
CASE NO.: 1S-07-022
DATE OF DRAFT DOCUMENT: February 19. 2007
DATE OF CYRC MEETING: March 22. 2007
DATE OF FINAL DOCUMENT: March 23. 2007
Prepared by: Maria C. Muett. Associate Planner
Revisions made to this document subsequent to the issuance of the notice of availability of
the draft Mitigated Negative Declaration are denoted by underline.
A. Project Setting
The 2.19-acre project site is located at 3525-3527 Main Street, southwest corner of Main Street and
Reed Court, within the urbanized area of Western Chula Vista; see (Exhibit 1- Location Map). The
site has four access points; one from Main Street and three from Reed Court. One of the accesses
provides truck access to the rear of the project site. The square-shaped site is relatively flat and
gently slopes in a southerly direction. The existing project site is fully developed and presently there
is an existing industrial building that accommodated previous land uses including paint and body
shop, dirt storage and a recycling plant. The project site is located within the City's MSCP designated
Developable Area. The land uses immediately surrounding the project site are as follows:
North:
South:
East:
West:
City Recreational Center and SDG&E easement
Auto Towing and Storage
Auto Repair and Auto Wrecking
Multi-tenant Industrial Buildings
B. Proiect Description
The proposal consists of the development of two concrete speculative buildings, one with a total of
21,991 square-feet, including a 6,693 square-foot mezzanine, and the second building containing
15,298 square-feet. Both buildings are proposed to be used for light manufacturing and limited
warehousing space. The existing industrial building and other accessory structures will be
d=olished. The project proposal includes paved parking areas providing 95 parking spaces that
complies with the City Parking Ordinance requirement. The proposed onsite improv=ents include
improved drainage facilities, fire hydrants, retaining walls, fencing, improved paved areas, lighting
and landscape treatments. The existing driveways are to be realigned with new curb, gutter and
sidewalk improvements. The project site is located within the ILP (Limited IndustrialJPrecise Plan)
Zone and Limited Industrial (Research and Limited Industrial) General Plan land use designations,
(Exhibit 2 - Site Plan).
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I
C. Compliance with Zoning and Plans
The proposed project site is designated by the General Plan ILP (Limited IndustriaI/Precise Plan) and
the designated Zoning is Limited Industrial (Research and Limited Industrial). The proposed uses are
permitted uses in the IL Zone. The project has been found to be consistent with the applicable zoning
regulations and General Plan.
D. Public Comments
On January 12, 2007, a Notice of Initial Study was circulated to property owners within a 500-foot
radius of the proposed project site. The public review period ended January 22, 2007. One comment
was received regarding drainage issues and addressed in the Mitigated Negative Declaration.
On February 21. 2007 a Notice ofAvai1ability of the Proposed Mitigated Negative Declaration for the
proiect was posted in the County Clerk's Office and circulated to property owners within a 500-foot
radius of the proiect site. The 30-dav public comment period closed on March 22. 2007. No written
public comments were received during the public review period.
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist form) determined that the proposed project may have potential significant environmental
impacts however; mitigation measures have been incorporated into the project to reduce these impacts
to a less than significant level. This Mitigated Negative Declaration has been prepared in accordance
with Section 15070 of the State of California Quality Act (CEQA) Guidelines. A copy of the
document and the materials, which constitute the record of proceedings upon which its decision is
based, is available at the Planning and Building Department, custodian of record (Planning and
Building Director/Envrronmental Review Coordinator).
Air Quality
In order to assess potential Air Quality impacts an Air Quality Assessment was prepared by Scientific
Resources Associated, (2/15/2007) for the Chula Vista Commercial Center II.
Short-Term
The Air Quality Assessment determined that the proposed project could result in short-term air quality
impacts associated with construction activities. The minimal grading of the site, demolition, building
construction and worker and equipment vehicles trips will create temporary emissions consisting of
dust, fumes, equipment exhaust, and other air pollutants. Air quality impacts resulting from the
construction-related operations are considered short-term in duration since construction-related
activities are a relatively short-term activity.
Demolition
Demolition would require removal of an existing 10,000 square foot structure and other ancillary
smaller structures. A total of 7,407 cubic yards of demolition materials will be removed. It is
anticipated that the entire 2.19-acre site will be graded in one workday. Air pollutants from the
grading activity are estimated at 21.90 lbs.lday. In addition, approximately 4,500 cubic yards of fill
proposed to be imported for leveling the site. With appropriate dust control measures to control
fugitive dust generation during grading that includes watering three times daily, emissions would be
controlled and lessened.
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Construction
In order to analyze potential project impacts/emissions, the emission factors and threshold criteria
contained in the 1993 South Coast Air Quality Management District CEQA Handbook for Air
Quality Analysis were used. A comparison of daily construction emissions to the SCAQMD's
emission thresholds of significance for each pollutant was analyzed. Emissions were calculated using
the URBEMIS 2002 model. Implementation of the Mitigation Measure 1 contained in Section F
below would mitigate short-term construction-related air quality impacts to below a level of
significance. These measures are included as a part of the Mitigation Monitoring and Reporting
Program.
Long-Term. and Operational Impacts
The main operational impacts associated with the project would be related to traffic. Minor impacts
would be associated with energy use and landscaping. In order to assess project generated emission
factors, the emissions associated with project-generated traffic were compared with the SCAQMD's
quantitative significance criteria. The worse case scenario trips generation rate for a larger scale
commercial project was used. The results indicate that this type of project would generate
approximately 20 trips per 1000 square feet of development. Because the project is not anticipated to
generate a high amount of truck traffic, impacts from emissions of T ACs would not be anticipated to
cause a significant impact to sensitive receptors.
In order to assess whether the project's contribution to ambient air quality is cumulatively
considerable, the project's emissions were quantified with respect to regional air quality. The
proposed project once developed will not result in significant long-term air quality impacts. The
projected minimal traffic generated volumes would not result in significant long-term local or
regional air quality impacts. No area source or operational vehicle emission estimates will exceed the
Air Quality significance thresholds; therefore, no mitigation measures are required.
Hazards and Hazardous Materials
A Phase I Environmental Site Assessment was prepared by MCBE (May 11,2001), in order to assess
potential hazards associated with previous land uses. Subsequently, a Phase II Environmental Site
Assessment and an Interim Site Closure Report were prepared by Geotec Inc., dated respectively
October 31, 2005 and October 9, 2006. Copies of the reports are available at the Planning and
Building Department.
Phase 1 Environmental Site Assessment
The Phase I Environmental Site Assessment prepared for the project site identified environmental
conditions of concern associated with the following previous land uses: a) paint and body shop; b)
dirt storage and sales; c) recycling facility operations. The Phase I ESA recommended additional
assessment work to further characterize the noted environmental conditions.
Phase 11 Environmental Site Assessment
A Phase II Environmental Site Assessment report prepared by MCBE, identified the need for removal
and remediation of contaminated soil, area drains, 5-gallon cans of automotive waste and batteries,
dilapidated buildings, and other identified liquids and scraps from the project site.
--.3-,q
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lnten'm Site Closure Report
The report detailed the remediation of the hydrocarbon and lead contaminated soil at the subject
property. The applicant initiated the remedial activities and entered into the County of San Diego
Department of Environmental Health Services (DEHS) Voluntary Assistance Program/Site
Assessment and Mitigation Program (SAM). On November 27, 2006 the applicant submitted the
remediation plan and the non-hazardous waste manifesto and evidence of soil stockpile removal and
associated disposal activities to the County of San Diego DEHS for concurrence with these actions.
The County of San Diego Department of Environmental Health Services (DEHS) reviewed the Phase
II report and concurred with the recommendations, which includes a compacted fill remedial measure,
proper disposal of contaminated soils, and the requirement for a qualified environmental technician to
be present on site during remediation, demolition and construction activities. Pursuant to the County
of San Diego, DEHS correspondence dated December 5, 2006, a case closure summary concurred
that the cleanup goals established for the submit site had been met. However, in the event of any
suspicious contamination or environmental concerns are discovered during demolition, grading or
excavation of the existing activities this must be reported accordingly to the County of San Diego
DEHS and City of Chula Vista Environmental Review Coordinator.
The mitigation measures contained in Section F below will mitigate potential hazardslhazardous
material impacts to below a level of significance. These measures are included as a part of the
Mitigation Monitoring and Reporting Program.
Asbestos and lead-based paint
The existing paint and body building structures may contain asbestos and lead-based paint. Prior to
any demolition activities the presence of asbestos and lead-based paint must be ascertained and
removed if present by a licensed, registered, asbestos and lead abatement contractor in accordance
with all applicable local, state and federal laws and regulations, including San Diego County Air
Pollution Control District Rule 361.145, Standard for Demolition and Renovation. The mitigation
measure contained in Section F below would mitigate potential hazardslhazardous material impacts
associated with the release of asbestos and lead to below a level of significance.
Hvdrology and Water Ouality
Existinz Conditions
In order to assess potential hydrology impacts, a preliminary hydrology study was prepared by
Burkett & Wong Engineering, dated February 2, 2007. The study analyzed the existing and proposed
drainage improvements, pre-development and post-development 100-year peak runoff rates (over a
24 hour storm frequency) including potential cumulative impacts for the proposed project. As
indicated in the drainage plan, the site is divided into four drainage basins as follows: a) surface
runoff flows onto Main Street, b) existing asphalt parking lot flows onto the adjacent property to the
west, c) flows from the existing parking lot into the existing vegetated swale on Reed Court, and
lastly, d) existing buildings and paved areas sheetflow off-site through the southwest comer off the
site onto the adjacent property.
ProDosed Conditions
Tbe proposed improvements include a new asphalt parking lot, catch basins, storm drain and
landscaped areas. Tbe increased landscaped areas will reduce the amount of impervious surfaces by
30% according to the study.
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4
The project site has been divided into five drainage basins as follows: a) this area onto Main Street
remains the same; b) a portion of the new parking lot area and landscaping will flow along a new
concrete swale, new catch basin, new storm drain pipe into the existing vegetated swale on Reed
Court; c) the portion of the new buildings and pavement area runoff will be collected into three new
catch basins which flow through the new storm drainage systems, under the new northern driveway,
and into the existing vegetated swale on Reed Court; d) another portion of the new building and
parking lot runoff will flow into a new grass lined swale, along the west portion of the project site and
into a new concrete gutter along the south side. This runoff will then flow towards the southwest
corner of the property and not flow onto adjacent property, and lastly; e) portion of new building and
parking lot area will flow into the new gutter and off site through the new southern driveway onto
Reed Court.
The proposed improvements and identified drainage basins will decrease the amount of runoff from
the site onto adjacent properties. Project drainage conveyance will be directed to an existing
vegetated swale on Reed Court. The existing vegetated swale's capacity was analyzed and a worse
case scenario of the existing 36" Cl'vfP discharging into the swale determined that this drainage
facility had more than adequate capacity to handle the project runoff. This existing flow consisted of
39.81 cubic feet/second and the proposed flow would be equivalent to 41.70 cubic feet/second.
Based upon project modifications and proposed drainage improvements on and off-site, these
improvements actually improve the drainage on the project site and lessen the overall impact to Reed
Court. ill addition, the Engineering Department concurs with the study findings that the runoff
directed towards Reed Court will be reduced from predevelopment levels, thus reducing any potential
drainage problems.
Additional Best Management Practices (Bl'vfPs) included as part of the project design are enhanced
landscaped treatments, storm drain inlet protection system, rip rap outlet protection, cleaning and
filtration system, protection of access and perimeter containment measures.
As a standard condition, a final drainage study will be required in conjunction with the preparation of
the project grading plans. Properly designed drainage facilities will be installed at the time of the site
development to the satisfaction of the City Engineer. ill addition, compliance with required NPDES
regulations and Bl'vfPs will reduce water quality impacts to a less than significance level. These
measures are included as a part of the Mitigation Monitoring and Reporting Program (See Section F).
F. Mitigation Necessary to Avoid Significant Impacts
Air Qualitv
I. The following air quality mitigation requirements shall be shown on all applicable grading, and
building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless
approved in advance in writing by the City's Environmental Review Coordinator:
. Minimize simultaneous operation of multiple construction equipment units.
. Use low pollutant-emitting construction equipment.
. Use electrical construction equipment as practical.
. Use catalytic reduction for gasoline-powered equipment.
. Use injection-timing retard for diesel-powered equipment.
. Water the construction area minimum three times daily to minimize fugitive dust.
. Stabilize graded areas as quickly as possible to minimize fugitive dust.
. Pave permanent roads as quickly as possible to minimize dust.
...3-~1
5
. Use electricity from power poles instead of temporary generators during building, if
available.
. Apply stabilizer or pave the last 100 feet of internal travel path within a construction site
prior to public road entry.
. Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads.
. R=ove any visible track-out into traveled public streets within 30 minutes of occurrence.
. Wet wash the construction access point at the end of each workday if any vehicle travel on
unpaved surfaces has occurred.
. Provide sufficient perimeter erosion control to prevent washout of silty material onto public
roads.
. Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during
hauling.
. Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per
hour.
Hazards/Hazardous Materials
2. During the demolition and grading activities for the proposed project, the area of the former auto
body and paint, soil and brick and recycling business areas shall be monitored. In the event
additional soil contaminated areas are discovered or suspicious environmental conc=s are
encountered, a qualified professional will be required to assess the areas of conc= in accordance
with the County of San Diego DEHS Voluntary Assistance Program Case letter dated December
5, 2006 and Case Closure Summary. That may include the preparation and submittal of a written
analysis and additional technical studies identifying any new environmental conc=s with
appropriate remediation measures to the County of San Diego DEHS and City of Chula Vista
Environmental Review Coordinator for review and approval.
3. During any demolition activities, a licensed and registered asbestos and lead abatement contractor
shall perform asbestos and lead-based paint abatement in accordance with all applicable local,
state and federal laws and regulations, including San Diego County Air Pollution Control District
Rule 361. 145 - Standard for Demolition and Renovation.
Hvdrology and Water Quality
4. Prior to the issuance of a grading permit, a fmal drainage study shall be required in conjunction
with the preparation of final grading plans and must demonstrate that the post-development peak
flow rate does not exceed the pre-development flows as indicated in the Preliminary Hydrology
Study dated February 9, 2007, and to the satisfaction of the City Engineer. Additionally, the City
Engineer shall verify that the final grading plans comply with the provisions of California
Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respect to
construction-related water quality best management practices. If one or more of the approved
post-construction BMPs is non-structural, then a post-construction BMP plan shall be prepared to
the satisfaction of the City Engineer prior to the commencement of construction. Compliance
with said plan shall become a permanent requir=ent of the Mitigation Monitoring and Reporting
Program.
5. Prior to the issuance of a grading permit, temporary desilting and erosion control devices shall be
installed. Protective devices shall be provided at every storm drain inlet to prevent sediment from
entering the storm drain system. These measures shall be reflected in the grading and
-...3-~~
6
improvement plans to the satisfaction of the City Engineer and Environmental Review
Coordinator.
G. Consultation
1. Individuals and Organizations
City of Chula Vista:
Steve Power, Planning and Building Department
Marisa Lundstedt, Planning and Building Department
Luis H=andez, Planning and Building Department
Maria Muett, Planning and Building Department
Arm Pease, Planning and Building Department
Frank Rivera, Engineering Department
Silvester Evetovich, Engineering Department
Tom Adler, Engineering Department
Boushra Salem, Engineering Department
Ben Herrera, Engineering Department
Dave Kaplan, Engineering Department
Kirk Ammerman, Public Works
Gary Edwards, Fire Department
Justin Gipson, Fire Department
Others:
Dee Peralta, Chula Vista Elementary School District
Sweetwater Authority
2. Documents
City ofChula Vista General Plan Update, 2005.
Title 19, Chula Vista Municipal Code.
Final Environmental Impact Report, City of Chula Vista General Plan Update, EIR No. 05-01,
December 2005.
City of Chula Vista MSCP Subarea Plan, February 2003.
Preliminary Hydrology Study for Chula Vista Commerce Center II, Chula Vista, February 9,
2007 (Burkett and Wong Engineers).
Phase I Environmental Site Assessment, for 3525-3527 Main Street, Chula Vista, CA and dated
May II, 2001 (Geotek, Inc.).
Phase II Environmental Site Assessment, for 3525-3527 Main Street, Chula Vista, CA and dated
October 31, 2005 (Geotek, Inc.).
Interim Site Closure Report, for 3525-3527 Main Street, Chula Vista, CA and dated October 9,
2006 (Geotek, Inc.).
....3 -.a 3
7
Non-Hazardous Waste Manifesto and Soils Report, for 3525-3527 Main Street, Chula Vista, CA
and dated November 27, 2006 (Geotek, Inc.).
County of San Diego Department of Environmental Health Services, Voluntary Assistance
Program Case and Closure Summary/Assessment Letter, dated December 5,2006.
Air Quality Assessment for Chula Vista Commercial Center II, Chula Vista, California, and
dated February 15, 2007 (Scientific Resources AssociatedlSRA).
3. Initial Studv
This environmental determination is based on the attached Initial Study, and any comments
received in response to the Notice of Initial Study. The report reflects the independent judgment
of the City of Chula Vista. Further information regarding the environmental review of this
project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue,
Chula Vista, CA 91910.
3J~P7
Date:
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PROJECT Project Summary: Preliminary environmental review fur two new
ADDRESS: 3525 Main 51 industrial buildings (CY Commerce center II).
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ATTACHMENT "A"
MITIGATION MONITORING Ai'ID REPORTING PROGRAM (MMRP)
Chula Vista Commerce Center II - 18-07-022
This Mitigation Monitoring and Reporting Pro gram has been prepared by the City of Chula Vista
in conjunction with the proposed River Park Estates. The proposed proj ect has been evaluated in
an Initial StudyiMitigated Negative Declaration prepared in accordance with the Califomia
Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-07-022). The
legislation requires public agencies to ensure that adequate mitigation measures are implemented
and monitored for Mitigated Negative Declarations.
AB 3180 requires monitoring of potentially significant andlor significant environmental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the following potential impacts(s):
1. Air Quality
2. Hazards and Hazardous Materials
3. Hydrology and Water Quality
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators
shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista.
The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and
Reporting Program are met to the satisfaction of the Environmental Review Coordinator and
City Engineer. The applicant shall provide evidence in written form confirming compliance with
the mitigation measures specified in Mitigated Negative Declaration IS-07-022 to the
Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator
and City Engineer will thus provide the ultimate verification that the mitigation measures have
been accomplished.
Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative
Declaration IS-07-022, which will be implemented as part of the project. In order to determine if
the applicant has implemented the measure, the method and timing of verification are identified,
along with the City department or agency responsible for monitoring/verifying that the applicant
has completed each mitigation measure. Space for the signature of the verifying person and the
date of inspection is provided in the last column.
]:\Planning\MARIA\Initial Study\CV Commerce Center\1S-07-022MMRPtext.doc
~-~7
Chula Vista Commerce Center II (15-07-022)
Mitioation Monitorino and Reoortinq Proaram
Table 1
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1.
The following air quallty mitigation requirements shall be
shown on all applicable grading, and building plans as
details, notes, or as otherwise appropriate:
Minimize simultaneous operation of multiple
construction equipment units.
Use low pollutant-emitting construction equipment.
Use electrical construction equipment as practical.
Use catalytic reduction for gasoline-powered
equipment
Use injection-timing retard for diesel-powered
equipment.
. Water the construction area minimum three times daily
to minimize fugitive dust.
Stabilize graded areas as quickly as possible to
minimize fugitive dust.
Pave permanent roads as quickly as possible to
minimize dust.
Plan Check/Site
Inspection
x
x
x
ApplicanV City
Engineering
DepartmenUCity
Planning and Building
Depart'ment
Use electricity from power poles Instead of temporary
generators during building, if available.
Apply stabilizer or pave the last 100 feet of internal
travel path wiUlin a construction site prior to public
road entry.
. Install wheel washers adjacent to a paved apron prior
to vehicle entry on public roads,
Remove any visible track-out into traveled public
streets within 30 minutes of occurrence.
. Wet wash the construction access point at the end of
each workday if any vehicle travel on unpaved
surfaces has occurred.
. Provide sufficient perimeter erosion control to prevent
washout of silly material onto public roads.
Cover haul trucks or maintain at least 12 inches of
freeboard to reduce blow-off during hauling.
. Suspend all soil disturbance and travel on unpaved
surfaces if winds exceed 25 miles per hour.
j,
"
Page - 1
Chula Vista Commerce Center II (IS-07-022)
Mitiaation Monitorino and Reoortina Proaram
Table 1
During the demolition and grading activities for the
proposed project, the area of the former auto body and
paint shop, soil and brick and recycling business areas
shall be monitored. In the event additional soil
contaminated areas are discovered or suspicious
environmental concerns are encountered, a qualified
professional will be required to assess the areas of
concern in accordance with the County of San Diego
DEHS Voluntary Assistance Program Case letter dated
December 5,2006 and Case Closure Summary. That
may include the preparation and submittal of a written
analysis and additional technical studies identifying any
new environmental concerns with appropriate remediation
measures to the County of San Diego DEHS and City of
Chula Vista Environmental Review Coordinator for review
and a roval.
During any demolHion activities, a licensed and registered
asbestos and lead abatement contractor shall perform
asbestos and lead-based paint abatement in accordance
with all applicable local, state and federal laws and
regulallons Including San Diego County Air Pollution
Control District Rule 361.145 - Standard for Demolition
and Renovation.
ApplicanVCity
Planning and Building
DepartmenUCity
Engineering
Department
Plan Check/Site
Inspection
x
x
x
ApplicanUCity
Planning and Building
DepartmenUCity
Engineering
Department
4.
Prior to the issuance of a grading permit, a final drainage
study shall be required in conjunction with the preparation
of the final grading plans and must demonstrate that the
post-development peak flow rate does not exceed the
pre-development flows as indicated in the Preliminary
Hydrology StUdy dated February g, 2007. The City
Engineer shall verIfy that the final grading plans comply
with the provisions of California Regional Water Quality
Control Board, San Diego Region Order No. 2001-01 with
respect to construction-related water quality best
management praclices (BMPs). If one or more of the
approved post-construction BMPs is non-structural, then
a post-construction 8MP plan shall be prepared to the
satisfacllon of the CUy Engineer prior to the
commencement of construction. Compliance with said
plan shall become a permanent requirement of the
Mitigation Monitoring and Reporting Program.
ApplicanUCity
Planning and Building
DepartmenUCily
Engineering
Department
Page - 2
Chula Vista Commerce Center II (18-07-022)
Mitioation Monitorina and ReDortlnq Prooram
Table 1
5. Prior to the commencement of grading operation, Plan Check/Site X X X ApplicanVClty
temporary desilting and erosion control devices shall be Inspection Planning and Building
installed. Protective devices shall be provided at every DepartmenVCity
storm drain inlet to prevent sediment from entering the Engineering
storm drain system. These measures shall be reflected in Department
the grading and improvement plans to the satisfaction of
the City Engineer and Environmental Review Coordinator.
G.>
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~
-
ENVIRONMENTAL CHECKLIST FO&'VI
C1Y OF
CHUIA VISTA
1. Name of Proponent:
V oit Development Company
Peter Quinn
2. Lead Agency Name and Address:
City of Chula Vista
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
3. Address and Phone Number of Proponent:
4370 La Jolla Village Drive, #900
San Diego, CA 92122
(858) 458-3383
4. Name of Proposal:
Chula Vista Commerce Center IT
5. Date of Checklist:
February 21,2007
6. Case No.:
1S-07-022
ENVIRONMENTAL ANALYSIS QUESTIONS:
Less Than
Potentially Significant Less Than No
Issues: Significant With Significant Impact
Impact .Mitigation Impact
Incorporated
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 0 0 0 .
b) Substantially damage scenic resources, including, 0 0 0 .
but not limited to, tress, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or 0 0 0 .
quality of the site and its surroundings?
d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime views
in the area?
o
o
.
o
..;> -,.3'
1
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
a-b )The proposal includes the development of two concrete shell buildings, one with a total of 21,991
square-feet, including a 6,693 square-foot mezzanine, and the other consisting of 15,298 square-
feet. Both buildings would be used for light manufacturing and limited warehousing space in
accordance with the City of Chula Vista Municipal Code and Design Review Guidelines. The
proposed landscape improvements would enhance and improve the aesthetic quality of the Main
Street corridor. The proposed project would not damage any scenic resources, vegetation, or
historic buildings within a state scenic highway. The project site contains no scenic vistas or
views open to the public. The project site is north distanced away from the Conservation area and
the Otay River Basin and designated as an Urban Developable area within the MSCP Program.
c) The proposal is an infill industrial development project. The proposed project will not
substantially degrade the existing visual character or quality of the proj ect site or its industrial
and commercial surroundings. The project site is planned for industrial development according
to the General Plan Land Use regulations.
d) The proposal shall comply with the City's minimum standards for roadway lighting and shall be
completed to the satisfaction of the Director of Planning and Building. The project will be
required to comply with the light and glare regulations (Section 19.66.100) of the Chula Vista
Municipal Code (CYMC). Compliance with these regulations will ensure that no substantial
glare, or light would affect daytime or nighttime views in the surrounding area.
Mitil!ation:
No mitigation measures are required.
II. AGRICULTURAL RESOURCES. Would the
project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
D
D
D
II
b) Conflict with existing zoning for agricultural use, or
a Williamson Act contract?
D
D
D
.
c) Involve other changes in the existing enviroment,
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use?
D
D
D
.
..3-.3~
2
Issues:
Comments:
Potentially
Significant
Impact
L~s Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a-c)The project site is neither in current agricultural production nor adjacent to a parcel in agricultural
production and contains no agricultural resources or designated farmland.
Mitigation:
No mitigation measures are required.
ill. AIR QUALITY. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase
of any criteria pollutant for which the project
regIon IS non-attainment under an applicable
federal or state ambient air quality standard
(including releasing emiSSIOns, which exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial
number of people?
-3 -33
3
o
o
o
o
o
o
.
o
o
o
o
o
.
.
o
.
o
o
o
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
(a-e) See Mitigated Negative Declaration, Section E.
Miti!!:ation:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant air quality impacts to level ofless than significance.
N.BIOLOGICAL RESOURCES. Would the
proj ect
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department ofFish
and Game or US. Fish and Wildlife Service?
D
D
D
.
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Game or US. Fish and Wildlife Service?
D
D
D
I
c) Have a substantial adverse effect on federally D D D I
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of any D D D I
native resident or rnigratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
eJ Conflict with any local policies or ordinances
protecting biological resources, such as a tree
D
D
D
I
...3 ~4
4
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
o
o
o
.
Comments:
a) No endangered or sensitive species, species of concern or species that are candidates for listing
are present within or immediately adjacent to the developed project area.
b) No locally riparian habitat or other natural sensitive communities are present within or
immediately adjacent to the developed project area.
c) No wetland habitat is present within or immediately adjacent to the developed project area.
d) No wildlife dispersal or migration corridors exist within or immediately adjacent to the developed
proj ect area.
e) No impacts to local policies or ordinances protecting biological resources are anticipated with the
proj ect development.
f) No impacts to regional habitat preservation planning efforts will be created, as the development
site is a designated development area in the adopted Chula Vista Multiple Species Conservation
Program Subarea Plan.
Mitil!ation:
No mitigation measures are required.
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
State CEQA Guidelines 9 l5064.5?
o
o
o
.
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
o
o
o
.
-2>-.35
5
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
to State CEQA Guidelines 9 15064.57
c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
o
o
o
.
d) Disturb any human remains, including those interred
outside offonnal cemeteries?
o
o
o
.
Comments:
a) Based upon site visit and review, it has been det=lined that the subject building(s) are not historically
significant. The structures are non-descript buildings that do not represent a significant period of time
or architectural type. There is no evidence or record to indicate these buildings were significant to the
history of Chula Vista or would meet any other criteria for consideration for listing on the City of
Chula Vista Historic List. No historic resources are !mown or are expected to be present within the
project impact area. Therefore, no substantial adverse change in the significance of a historical
resource as defined in Section 15064.5 is anticipated.
b) Based on the previous site disturbance, the potential for significant impacts or adverse changes to
archaeological resource as defined in Section 15064.5 is not anticipated.
c) Based on the level of previous disturbance to the site and the relatively limited amount of additional
grading for the proposed project, no impacts to unique paleontological resources or unique geologic
features are anticipated.
d) No human remains are anticipated to be present within the impact area of the project.
Mitigation:
No mitigation measures are required.
VI. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury or death involving:
1.
Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
o
o
o
.
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6
Issues:
Geologist for the area or based on other
substantial evidence of a known fuult?
11.
Strong seismic ground shaking?
lll.
Seismic-related
liquefaction?
including
ground
failure,
IV.
Landslides?
b)
Result in substantial soil erosion or the loss of
topsoil?
c)
Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
or off-site landslide, lateral spreading, subsidence,
liquefaction or collapse?
d)
Be located on expansive soil, creating substantial
risks to life or property?
e)
Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
..3-37
7
Potentially
Significant
Impact
o
o
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
o
o
o
Less Than
Significant
Impact
o
o
o
.
.
.
o
No
Impact
.
.
.
o
o
o
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
a) The proposed project site is located within a fully developed industrial site. The site has been previously
disturbed over the entire length of the site with the construction of existing buildings, accessory structures and
easements. The study indicated that the project site is not within a mapped Earthquake Fault Zone or an area
with known or suspected seismic hazards. All prior grading associated with the industrial building and
accessory structures were performed in accordance with the preliminary geotechnical study. Therefore,
impacts to geological resources were determined to be less than significant.
b) The potential discharge of silt during construction activities could result in siltation impacts downstream,
however, appropriate erosion control measures would be identified in conjunction with the preparation of final
grading plans and would be implemented during construction. The implementation of appropriate water
quality best management practices (EMFs) during construction would be required in accordance with the Chula
Vista Standard Urban Storm Water Mitigation Plan (Susrvll'). All portions of the development area disturbed
during construction would either be developed or would be appropriately landscaped in coropliance with the
Chula Vista Municipal Code, Sections 19.36.090 and 19.36.110. Coropliance with SUSMP requirements
would be ensured by the City Engineer prior to the issuance of grading permits for the proposed project.
Coropliance with the City and regional standards would lessen any potential impact to less than significant.
c/d) The preparation and submittal of a fmal soils report will be required prior to the issuance of a grading permit as
a standard engineering requirement. There are no known or suspected seismic hazards associated with the
project site. The site is not within a mapped Earthquake Fault Zone. Therefore, project compliance with
applicable Uniform Building Code standards would adequately address any building safety/seismic concerns.
e) The project does not proposed the use of septic tanks or alternative wastewater disposal systems. Sewer
services will continue to be provided by the City of Chula Vista. Therefore, development of the proposed
project would not result in impacts associated with the use of septic tanks or alternative wastewater disposal.
Mitigation:
No mitigation measures are required.
VIT. HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
a)
Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
D
.
D
D
b)
Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
D
.
D
D
c)
Emit hazardous emissions or handle hazardous or
D
D
.
D
..3<3'9
8
Issues:
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or
proposed school?
d)
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
e)
For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
for people residing or working in the project area?
t)
For a project within the VlCUllty of a private
airstrip, would the project result in a safety hazard
for people residing or working in the project area?
g)
Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h)
Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands?
\..3-.;aq
9
Potentially
Significant
Impact
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
o
Less Than
Significant
Impact
.
o
o
o
o
No
Impact
o
.
.
.
.
Issues:
Comments:
a,b, c, and d) See Mitigated Negative Declaration, Section E.
Potentially
Significant
Impact
Less Than
Significant
With
iV1itigation
Incorporated
No
Impact
Less Than
Significant
Impact
e) The project is not located within an airport land use plan nor within two miles of a public airport or public
use airport; therefore, the project would not expose people residing or working in the project area to adverse
safety hazards.
f) The project is not located within the vicinity of a private airstrip; therefore, the project development would
not expose people working in the project area to adverse safety hazards.
b) The project is designed to meet the City's Fire Prevention building, emergency circulation and fire service
requir=ents. No e..1posme of people or structures to a significant risk ofloss, injury or death due to
wildfires is anticipated.
Mitigation:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant hazards/hazardous material impacts to level ofless than significance.
VIII. HYDROLOGY AND WATER QUALITY.
Would the project:
a) Result in an increase in pollutant discharges to
receiving waters (including impaired water bodies
pursuant to the Clean Water Act Section 303(d) list),
result in significant alteration of receiving water
quality during or following construction, or violate
any water quality standards or waste discharge
requir=ents?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level (e.g., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)? Result in a potentially
significant adverse impact on groundwater quality?
....3 - '-fo
10
o
o
.
o
o
o
.
o
Issues:
c) Substantially alter the existing drainage patt= of the
site or area, including through the alteration of the
course of a stream or river, in a manner, which
would result in substantial erosion or siltation on- or
off-site?
d) Substantially alter the existing drainage patt= of the
site or area, including through the alteration of the
course of a stream or river, substantially increase the
rate or amount of surface runoff in a manner which
would result in flooding on- or off-site, or place
structures within a lOO-year flood hazard area which
would impede or redirect flood flows?
e) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
f) Create or contribute runoff water, which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
Potentially
Significant
Impact
o
o
o
o
Comments: (a-f) See Mitigated Negative Declaration, Section E.
Mitigation:
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
Less Than
Significant
Impact
.
.
o
o
No
Impact
o
o
.
.
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant HydrologylWater Quality impacts to a level ofless than significance.
IX. LAND USE AND PLANNING. Would the
proj ect:
a) Physically divide an established community?
-..3 - i.f ,
11
o
o
o
.
Issues:
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including, but not limited to the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
Comments:
Less Than
Potentially Significant Less Than No
Significant With Significant
Impact Mitigation Impact Impact
Incorporated
0 0 0 .
o
o
o
.
a) The proposed industrial in:fill project would be consistent with the industriallanduse character of the
surrounding area and, therefore, would not disrupt or divide an established community.
b) The project site is within the ILP (Limited Indusiria!JPrecise Plan) Zone and Limited Indusirial
(Research and Limited Indusirial) General Plan designations. The project has been found to be
consistent with the applicable zoning regulations, General Plan, and Design Review regulations.
c) The project would not conflict with any applicable adopted environmental plans or policies.
Furthermore, the project would not encroach into or indirectly affect the MSCP Preserve area. The
project site is designated as developable area within the MSCP Subarea Plan.
Miti!!ation:
No mitigation measures are required.
x. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
b). Result in the loss of availability of a locally
important mineral resource recovery site delineated
-,3-'1.s.
12
o
o
o
.
o
o
o
.
Issues:
on a local general plan, specific plan or other land
use plan?
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No
Impact
Less Than
Significant
Impact
a) The project site is currently developed with industrial land uses and the site has been previously
disturbed. The proposed project would not result in the loss of availability of a known mineral
resource of value to the region or the residents of the State of California.
b) The State of California Department of Conservation has not designated the project site for mineral
resource protection. No adverse impacts to mineral resources are anticipated as a result of the
proposed project.
J\iIitil!ation:
No mitigation measures are required.
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of standards established in the local
general plan or noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generation of excessive
groundborne vibration or groundbome noise levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
-2,-43
13
o
o
o
.
o
o
.
o
o
o
o
.
o
o
.
o
o
o
o
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
in the project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
o
o
o
.
Comments:
a-d) The project site is surrounded by industrial uses and busy street thoroughfares. No sensitive
residential receptors are adjacent or surrounding areas. It is anticipated that on-site workers and
employee population may be exposed to construction noise associated with short-term
construction activities. However, the project will be required to comply with the City's Noise
Ordinance and not anticipated to potentially violate the noise limits of the City's noise control
ordinance.
No operational noise impacts are expected due to the proposed facility design. The proposed
project will include roll-up doors that face similar land uses and directed away from sensitive
receptors. In addition, all business operations would be contained within the buildings and
therefore, impacts related to operational noise levels are not expected to be significant.
e) The project is not located within an airport land use plan nor within two miles of a public airport or
public use airport; therefore, the project would not expose people residing or working in the project
area to excessive noise levels.
f) The project is not located within the vicinity of a private airstrip; therefore, the project development
would not expose people working in the project area to excessive noise levels.
Mitigation:
No mitigation measures are required.
XII. POPULATION AND HOUSING. Would the
proj ect:
a) Induce substantial population growth in an area,
either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of road or other infrastructure)?
o
o
o
.
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement
o
o
o
.
-.3 - L.f Y.
14
Issu es:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replac=ent
housing elsewhere?
o
o
o
.
Comments:
a-c) The proposed project involves demolition and replacement of the existing industrial building
businesses. The proposal does not involve residential housing and would not induce population
growth in the area or require substantial infrastructure improv=ents. No permanent housing exists
on the project site and no displacement of housing or people would occur as a result of the proposal.
Based upon the nature of the proposal no population growth inducement is anticipated. The project
is an allowable industrial use under the Zoning Ordinance and the General Plan Update.
Miti1!ation:
No mitigation measures are required.
xm. PUBLIC SERVICES. Would the project:
Result in substantial adverse physical impacts associated
with the provision of new or physically altered
governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order
to maintain acceptable service ratios, response times or
other performance objectives for any public services:
a. Fire protection? 0 0 . 0
b. Police protection? 0 0 0 .
c. Schools? 0 0 0 .
d. Parks? 0 0 0 .
e. Other public facilities? 0 0 0 .
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15
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
a) Adequate fire protection services and response times can continue to be provided to the site without an
increase of equipment ot personneL The applicant is required to comply with the Fire Department policies
for new building construction, emergency circulation, fire hydr.mts and fire prevention. The proposed
project would not have a significant effect upon or result in a need for significantly new or altered fire
protection services. The City performance objectives and thresholds will continue to be met.
b) Adequate police protection services and response times can continue to be provided upon completion of
the proposed project. The proposed project would not bave a significant effect upon or result in a need for
substantial new or altered police protection services. The City performance objectives and thresholds will
continue to be met.
c) The proposed project would not induce population growih; therefore, no significant adverse impacts to
public schools would result. According to the Chula Vista School District letter, the applicant would be
required to pay the statutory building permit school fees for the non-residential construction/proposed
industrial buildings.
d) The proposed project would not induce population growth; therefore, the project would not bave an impact
on or create a demand for neighborhood or regional parks or facilities or impact existing park facilities.
e) The proposed project would not have an impact on or result in a need for new or expanded governmental
services and would be served by existing or planned public infrastructure.
XIV. RECREATION. Would the project:
a)
Increase the use of eXlstmg neighborhood and
regional parks or other recreational facilities such
that substantial physical deterioration of the facility
would occur or be accelerated?
o
o
o
.
b)
Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which have an adverse physical effect on
the environment?
o
o
o
.
-.2 ~L.j(p
16
Issues:
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No
Impact
Less Than
Significant
Impact
a) Because the proposed project would not induce population growth, it would not create a demand for
neighborhood or regional parks or facilities. Neither will the proposed project impact existing
neighborhood parks or recreational facilities.
b) The project does not include the construction or expansion of recreational facilities. The project site is
not planned for any future parks and recreation facilities or programs. Therefore, the proposed project
would not have an adverse physical effect on the recreational environment.
Mitil!ation:
No mitigation measures are required.
XV. TRANSPORTATION / TRAFFIC. Would the
project:
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of
the street system (i.e., result in a substantial increase
in either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level
of service standard established by the county
congestion manag=ent agency for designated roads
or highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompanble uses (e.g., fann
equipment)?
e) Result in inadequate =ergencyaccess?
..3 -1..l-7
17
o
o
.
o
o
o
o
.
o
o
.
o
o
o
.
o
o
o
o
.
Issues:
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
Comments:
Less Than
Potentially Significant Less Than No
Significant With Significant
Impact Mitigation Impact Impact
Incorporated
0 0 0 .
0 0 0 .
(a-g) No significant increases in traffic trip generation are anticipated as a result of the proposed project.
According to the Traffic Engineering Section, due to the minimal increase in project generated traffic, 40
trips, and the fact that the major access roads, Main Street and side street, Reed Court currently operate at
LOS C and with project generated traffic will continue to operate at LOS C. It is not anticipated that
significant traffic impacts shall occur as a result of the proposed project. The Engineering Division has
determined that the proposal does not have the potential to result in any significant traffic impacts;
therefore, the preparation of a traffic study was not required.
Mitil!ation:
No mitigation measures are required.
XVI. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
...3 - t.f g
18
o
o
o
.
o
o
.
o
o
o
.
o
o
o
o
.
Issues:
are new or expanded entitl=ents needed?
e) Result in a determination by the wastewater treatment
provider, which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
1) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
--.3 -'-I q
19
Potentially
Significant
Impact
o
o
o
Less nan
Significant
With
M:itigation
Incorporated
o
o
o
Less Than
Significant
Impact
.
o
o
No
Impact
o
.
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
a) The project site is located within an urban area that is served by all necessary utilities and service
systems. No exceedance of wastewater requir=ents of the Regional Water Quality Control
Board would result from the proposed project.
b) The proposed project area is within the Sweetwater District Water service territory. An existing
8-inch water main is located along the Main Street frontage of the project site. The proposed
improvements include separate laterals and water meters. The applicant shall be required to
coordinate with the Water District for proper design guidance.
The surrounding sewer mains are located along Main Street. The proposed improvements include
the extension of the existing main and lateral connection on site. The applicant shall be required
to submit a final sewer plan to the satisfaction of the City Engineer. No significant impacts
would result from the proposed project.
c) See Mitigated Negative Declaration, Section E. The potential discharge of silt during
construction activities could impact the storm drain syst=. Appropriate erosion control
measures will be identified in conjunction with the preparation of final grading plans to be
implemented during construction. The proposed project is subject to the NPDES General
Construction Permit requirements and shall obtain permit coverage and develop a Storm Water
Pollution Prevention Plan (SWPPP) prior to issuance of grading permits. In addition, the project
shall be conditioned to implement construction and post-construction water quality Best
Management Practices (BMPs) for storm water pollution prevention in accordance with the
Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP).
d) The project site is within the potable water service area of the Sweetwater District. The proposed
proj ect will be required to construct minor expansions to existing water facilities as described in
Section b above.
e) See XVI.a. and b.
f) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid
waste needs of the region in accordance with State law.
g) The proposal would be conditioned to comply with federal, state and local regulations related to
solid waste.
Mitigation: See Section E of the Mitigated Negative Declaration; refer to Hydrology and Water Quality.
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
identified stonn water/storm drainage impacts to a level ofless than significance.
-,3-50
20
Issues:
XVII. THRESHOLDS
Will the proposal adversely impact the City's
Threshold Standards?
A) Librarv
The City shall construct 60,000 gross sqwre feet
(GSF) of additional library space, over the June 30,
2000 GSF total, in the area east of Interstate 805 by
buildout. The construction of said facilities shall be
phased such that the City will not fall below the city-
wide ratio of 500 GSF per 1,000 population. Library
facilities are to be adequately equipped and staffed.
B) Police
a) Emergency Response: Properly equipped and staffed
police units shall respond to 81 percent of "Priority One"
emergency calls within seven (7) minutes and maintain
an average response time to all "Priority One"
emergency calls of 5.5 minutes orless.
b) Respond to 57 percent of "Priority Two" urgent calls
within seven (7) minutes and maintain an average
response time to all "Priority Two" calls of 7.5 minutes
orless.
C) Fire and Emergencv Medical
Emergency response: Properly equipped and staffed fire
and medical units shall respond to calls throughout the City
within 7 minutes in 80% of the cases (measured annually).
D) Traffic
The Threshold Standards require that all intersections must
operate at a Level of Service (LOS) "C" or better, with the
exception that Level of Service (LOS) "D" may occur
during the peak two hours of the day at signalized
intersections. Signalized intersections west ofI-80S are not
to operate at a LOS below their 1991 LOS. No intersection
may reach LOS "E" or "F" during the average weekday
peak hour. Intersections of arterials with freeway ramps
are exempted from this Standard.
-3-51
21
Potentially
Significant
Impact
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
Less Than
Significant
Impact
o
o
o
o
No
Impact
.
.
.
.
Less Than
Potentially Significant Less Than No
Issues: Significant With Significant Impact
Impact ;:v[itigation Impact
Incorporated
E) Parks and Recreation Areas 0 0 0 .
The 1breshold Standard for Parks and Recreation is 3
acres of neighborhood and community parkland with
appropriate facilities/I,OOO population east ofT-80S.
F) Drainage 0 0 0 .
The Threshold Standards require that storm water flows
and volumes not exceed City Engineering Standards.
Individual proj ects will provide necessary improvements
consistent with the Drainage Master Plane s) and City
Engineering Standards.
G) Sewer
o
o
o
.
The Threshold Standards require that sewage flows and
volumes not exceed City Engineering Standards.
Individual projects will provide necessary improvements
consistent with Sewer Master Planes) and City Engineering
Standards.
II) Water
o
o
o
..
The Threshold Standards require that adequate storage,
treatment, and transmission facilities are constructed
concurrently with planned growth and that water quality
standards are not jeopardized during growth and
construction.
Applicants may also be required to participate in whatever
water conservation or fee offset program the City of Chula
Vista has in effect at the time of building permit issuance.
-3 --.5~
22
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
N.
Impact
Comments:
a) The project would not induce substantial population growth; therefore, DD impacts to hbrary facilities would
result. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed
project
b) According to the Police Department, adequate police protection services can continue to be provided upon
completion of the proposed project The proposed project would not bave a significant effect opon or result in a
need for substantial new or altered police protection services. No adverse impact to the City's Police Threshold
standards would occur as a result of the proposed project.
c) According to the Fire Department, adequate fire protection and emergency medical services can continne to be
provided to the project site. Although the Fire Deparnnent has indicated they will provide service to the project
as designed according to the current site plan, the project will contobute to the incremental increase in fire service
demand throughout the City. Tills increased deroand on fire services will not result in a signiiicant cnmulative
impact No adverse impact to the City's Fire and Emergency Medical Thresbold standards would occur as a
result of the proposed project.
d) According to the traffic analysis, the snrrounding street segments and intersections will continue to operate
in compliance with the City's traffic thresbold standard (LOS "c" or better) with the proposed project
traffic. No adverse impact to the City's traffic thresbold standards would occur as a result of the proposed
proj ect.
e) Because the project is proposed for industrial use and located west of Interstate 805, this Thresbold Standard is
not applicable.
f) See Mitigated Negative Declaration, Section E. The proposed drain system includes a series of new drain
facilities, detention/catch basins, inlets, pipes and filtering systems as identified in the Preliminary
Hydrology Study. Based upon the project modifications, preliminary drainage study, and proposed
drainage improvements, and conditioned the Engineering Department bas determined that that project will
reduce peak runoff flows from the project by incorporation oflandscaping and detention facilities within
the project boundaries. The study additionally shows that runoff directed towards Reed Court will be
reduced from predevelopment levels, thus reducing any potential drainage problems. It has been
detennined there are no significant issues regarding the proposed drainage improvements as designed in
accordance with the Preliminary Hydrology Study. Tbe ntitigation measures contained in Section F of the
Mitigated Negative Declaration would mitigate any potential storm water/storm drainage impacts to a
level of less than significance. Therefore, no adverse impacts to the City's storm drainage system or
City's drainage threshold standards will occur as a result of the proposed project.
g) The snrrounding sewer mains are located along Main Street, Date Street, and Faivre Avenue. The
proposed improvements include the extension of the existing sewer main and sewer pipe installations from
the adjacent properties into the project site. No adverse impacts to the City's sewer system or City's sewer
threshold standards will occur as a result of the proposed project.
The proposed project area is 'Within the Sweetwater District Water service territory. An existing 8-inch
water main is located along the frontage of the project site. The improvements will include separate
laterals and separate meters, as well as the installation of reduced pressure principle backflow devices. The
applicant sball be reqnired to coordinate with the Water District for proper design guidance. No significant
impacts to existing facility systems or the City's water threshold standards will occur as a result of the
proposed proj ect.
Mitigation: The ntitigation measures contained in Section F of the Mitigated Negative Declaration would
ntitigate potentially significant Hydrology/Water Quality impacts to a level ofless than signiiicance.
No mitigation measures are required.
h)
..:a -..5 2>
23
Issues:
XVIII. MANDATORY FINDINGS OF
SIGNIFICAJ.'1 CE
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
co=unity, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incr=ental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current project, and the
effects of probable future projects.)
c) Does the project have environmental effects, which
will cause substantial adverse effects on human
beings, either directly or indirectly?
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No
Impact
Less Than
Significant
Impact
o
o
o
.
o
o
.
o
o
o
o
III!I
a) The project site is currently developed and located within an established urbanized area within the designated
development area of the adopted ChuJa Vista MSCP Subarea Plan and there are no known sensitive plant or
animal species or cultural resources on the site. No adverse impacts would occur as a result of the proposal.
b) No cumulatively considerable impacts associated with the project when viewed in connection with the
effects of past projects, other current projects and probable future projects have been identified. As described
in the Mitigated Negative Declaration, project impacts would be mitigated to below a level of significance
through the required mitigation measures.
c) See Mitigated Negative Declaration, Section E. Potential impacts to humans associated with air quality,
hazardsihazardous materials, and hydrology/water quality would be mitigated to below a level of
significance.
Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would
mitigate potential significant cumulative impacts to a level ofless than significance.
-3--5'+
24
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
proj ect mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant
Impacts, and Table 1, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration
IS-07 -022.
XX. AGREEMENT TO ThIPLEME]\;"T MITIGATION MEASVRES
By signing the line(s) provided below, tbe Applicant and/or Operator stipulate tbat tbey have each read,
understood and have their respective company's authority to and do agree to the mitigation measures
contained in the Mitigated Negative Declaration (1S-07-022), and will implement same to the
satisfaction of tbe Environmental Review Coordinator. Failure to sign below prior to posting of this
Mitigated Negative Declaration with tbe County Clerk shall indicate the Applicant and/or Operator's
desire tbat the Project be held in abeyance witbout approval and tbat the Applicant and/or Operator shall
apply for an Environmental Impact Report.
\JO~~~U~kO~~~~ C()YYJP~NJ
Printed Name and Title of Applicant
(or auth d represe . ve)
if/;+! )0 q-
Dat' I
Printed Name and Title of Operator
(if different from Applicant)
Signature of Operator
(if different from Applicant)
Date
-.,3-.55
25
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated,"
as indicated by tbe checklist on tbe previous pages.
o Land Use and Planning 0 Transportation/Traffic
o Population and Housing 0 Biological Resources
o Geology/Soils 0 Energy and Mineral
Resources
o Public Services
o Utilities and Service Systems
o Aestbetics
o Agricultural Resources
. Hydrology/Water
. Hazards and Hazardous
Materials
o Cultural Resources
. Air Quality
o Paleontological
Resources
o Noise
o Recreation
o Mandatory Findings of Significance
-..3 -..s ~
26
XXII. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the
environment, and a Negative Declaration will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in
the project have been made or agreed to by the project proponent. A Mitigated
Negative Declaration will be prepared.
I find that the proposed project may have a significant effect on the environment,
and an Environmental Impact Report is required.
I find that the proposed project may have a "potentially significant impact" or
"potentially significant unless mitigated" impact on the environment, but at least one
effect: I) has been adequately analyzed in an earlier docillllent pursuant to applicable
legal standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An Environmental Impact Report is
required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects ( a) have been analyzed
adequately in an earlier EIR or Negative Declaration pursuant to applicable standards
and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative
Declaration, including revisions or mitigation measures that are imposed upon the
proP<:l7d project, nothing further is required.
J :\Planning\MARlA \Initial Study\lS-05-005Chec!clistdoc
-...3-..5 7
27
o
.
o
o
o
CYRC RESOLUTION NO. 2007
RESOLUTION OF THE CHULA VISTA REDEVELOPMENT
CORPORATION (1) ADOPTING MITIGATED NEGATIVE
DECLARATION (IS-07-022); AND (2) APPROVING DESIGN
REVIEW PERMIT (DRC-06-69) TO ALLOW THE
CONSTRUCTION OF 37,289 SQUARE FEET OF INDUSTRIAL
SPACE ON THE SITE LOCATED AT 3525-3527 MAIN STREET
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 3525-3527 Main Street, Chula Vista; and
WHEREAS, on a duly verified application for a Design Review Permit (DRC-06-69),
was filed with the City of Chula Vista on behalf of the Voit Development Company,
("Applicant") to enable the development of a 37,289 square foot industrial project located at
3525-3527 Main Street ("Project"); and
WHEREAS, the Environmental Review Coordinator determined that, although the
proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because mitigation measures have been incorporated and agreed to
by the project proponent; and
WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment
Corporation for consideration of the Project and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the City, and its mailing to
property owners and residents within 500 feet of the exterior boundaries of the property, at least
ten (10) days prior to the hearing; and
WHEREAS, the Chula Vista Redevelopment Corporation (CYRe) held a duly noticed
public hearing to consider said application at the time and place as advertised, namely April 12,
2007 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Chula Vista
Redevelopment Corporation and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment
Corporation does hereby find, determine, and resolve as follows:
A ENVIRONMENTAL DETERMINATION
The proposed project has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and an Initial Study, IS-07-022 has been conducted in
accordance with the California Environmental Quality Act. Based upon the results of the Initial
Study, it has determined that the project could result in significant effects on the environment.
However, revisions to the project made by or agreed to by the applicant would avoid the effects
or mitigate the effects to a point where clearly no significant effects would occur; therefore, a
Mitigated Negative Declaration, IS-07-022, has been prepared.
30...-1
CYRC Resolution No. 2007-
Page 2
The Chula Vista Redevelopment Corporation finds that, in the exercise of its independent
judgment, as set forth in the record of its proceedings, the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-07-022), which is on file in the Planning and
Building Department, has been prepared in accordance with the requirements of the California
Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of
Chula Vista; and that the Project's environmental impacts will be mitigated by adoption of the
Mitigation Measures described in the Mitigated Negative Declaration, and contained in the
Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and
Reporting Program is designed to ensure that during Project implementation, the
permittee/Project applicant, and any other responsible parties implement the project components
and comply with the Mitigation Monitoring Program.
B. CONFORMANCE WITH CITY DESIGN MANUAL
The Chula Vista Redevelopment Corporation does hereby find that the Project IS m
conformance with the City of Chula Vista Design Manual, Landscape Manual and the
requirements of the Zoning Ordinance.
BE IT FURTHER RESOLVED, that the Chula Vista Redevelopment Corporation, after
considering all evidence and testimony presented, Adopts Mitigated Negative Declaration (IS-
07-022); and Approves Design Review Permit (DRC-06-69), subject to the conditions of Exhibit
.6. to allow the construction of a 37,289 square foot industrial project located at 3525-3527 Main
Street.
Presented by
Approved as to form by
Ann Hix
Acting Community Development Director
Ann Moore
General Counsel
-3a,,~
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PROJECT ()
(1)
- (J)
~
, lOCATION
-
-----
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Voit Development Company DESIGN REVIEW
C) APPlICANT:
PROJECT 3525 & 3527 Main St project Summary: Proposing (2) new indusbial buildings totaling
ADDRESS: 5,399 sf and demo existing automotive buildings
SCALE: FILE NUMBER:
NORTH No Scale DRG-06-69 Related cases:
.3a- -.3
EXHIBIT A
EXHIBIT B
Design Review Conditions
3525-3527 Main Street
The Chula Vista Redevelopment Corporation does hereby approve Design Review
Application DRC-06-069, subject to the following conditions
I. The subject property shall be maintained in substantial conformance with the approved
application, plans, and color and material board, except as modified herein.
2. Applicant shall submit all final interior and exterior design plans, landscape and irrigation
plans, solid waste and recycling plans for review and approval prior to the issuance of
building permits.
3. The applicant/owner shall comply with all applicable federal, state, and local requirements,
and in any case where it does not comply, this permit is subject to modification or
revocation.
4. This permit shall become void and ineffective if not used or extended within one year from
the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code.
5. 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.
6. The applicant shall and does hereby agree to indemnify, protect, defend, and hold harmless
the 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 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 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.
3cv -&1
Applicant's Signature
Date
PLANNING AND BUILDING DEPARTMENT CONDmONS
7. The project shall comply, prior to issuance of building permits, with applicable codes and
requirements, including but not limited to 2001 CBC, CFC, CMC, CPC, ADA, and 2004
CEC requirements.
8. Complete landscape plans shall be provided with the building permit submittal for review
and approval of the Landscape Planner Landscape plans shall be complete and satisfy all
requirements of the City Landscape Manual. They shall also incorporate the following
features:
a. The Landscape Plan shall indicate which specific plant choices and number of plants
shall occur on each part of the site.
b. The planting strip shown adjacent to the Main Street right-of-way shall be moved.
The planting strip shall now be adjacent to the property line, providing a 25'-0" wide
planting area on the north side of the parcel.
c. The Western Redbud indicated at the site entrance on the north side of the parcel shall
be replaced with a more hardy and significant varietal.
9. All parking spaces shall be a minimum of IT -6" without wheelstops, and their dimensions
shall be indicated on the site plan, to be approved by staff prior to submittal for building
permits.
10. Colors selected for the Reed Court side of the structures shall be of a more varied palette
than those previously indicated, and shall be approved by staff prior to submittal for building
permits.
II. The width ofthe steel canopy on the east side of the structures shall be increased to match the
width on the north side.
FIRE DEPARTMENT CONDITIONS
12. Twenty-foot access at the site entrance and parking lot shall be provided for Fire Department
vehicles at all times.
13. Any modifications to the existing Fire Alarm System shall require a separate submittal to the
Chula Vista Fire Department Prevention Division
14. Plans submitted to the Fire Department shall include the location of the nearest fire hydrants.
15. Plan check fees shall be required for verification of existing life safety systems (fire
sprinklers, fire alarm and fire hydrants).
..3 0,.. - s
16. Minimum size Fire Extinguishers shall be 2AIOBC and shall be located every 75 feet of
travel.
17. Knox Box shall be required for Fire Department access to the building front entrance and fire
riser room. Order forms are available through the Fire Department.
18. Policy 2916 (construction site policy for compliance with fire safety provisions) shall be
signed and included with submitted plans.
19. Plans shall include information on sprinkler density for this building and include placard
information from riser.
GENERAL SERVICES DEPARTMENT CONDITIONS
20. The applicant shall develop and submit a Recycling and Solid Waste Management Plan for
construction and demolition debris through to occupancy to the Environmental Services
Program Manager for review and approval as part of the permit process.
21. The plan shall demonstrate those steps the Applicant will take to comply with Municipal
Code, including but not limited to Section 8.24, 8.25 and 19.58.340 and meet the State
mandate to reduce or divert at least 50% of the waste generated by all residential, commercial
and industrial developments (including demolition and construction phases).
22. The applicant shall contract with the City's franchise hauler throughout the construction and
occupancy phases of the project.
ENGINEERING CONDITIONS:
23. Applicant shall submit street improvement plans and obtain a construction permit In
accordance with the City's Subdivision Manual to perform any work in the City's right-of-
way, which may include, but is not limited to:
a) Sewer lateral connections to existing public utilities
b) All utilities serving the proposed shall be underground.
c) The proposed driveways should have a minimum width of 30 feet. The
engineer must provide truck turning template exhibits to show that turns
into the site will work. Per CVCS-IA, curb openings shall be a minimum 3
feet from any obstructions (i.e. power poles).
24. Main Street Improvements:
a) Widening of existing PCC sidewalk to a width of 8 feet from the face of the
curb to back of sidewalk.
b) Any damaged or broken sidewalk on Main Street shall be replaced.
-30..- - (p
25. Reed Court Improvements shall require the following:
a) Reconstruction and cleaning of the existing open channel to the satisfaction
and approval of the City Engineer.
b) Install temporary PCC sidewalk along Reed Court behind the existing
power poles. Power pole relocation by developer may be required to
provide ADA compliant sidewalk
c) Construct temporary asphalt berm from the end of the open channel, to the
existing edge of pavement.
d) Street improvement deferral for the ultimate street widening of Reed Court
(curb, gutter, sidewalk and asphalt paving) and construction of the storm
drain system along the property frontage.
e) Maintenance rights to the City ofChula Vista for open channel maintenance
activities for 5 years. This includes any environmental permits required for
maintenance within channel bottom.
26. A pedestrian ramp with truncated domes per City Standards is required at the southwest
corner of Main Street and Reed Court.
27. An approved construction permit is required prior to Engineering releasing the building
permit.
28. Prior to the issuance of building permits, Applicant shall obtain a construction permit from
the Engineering Department to perform any work required within the public right-of-way.
29. All driveways must comply with ADA requirements. Pedestrian ramps, where required,
shall be constructed per ADA standards and approved by the City.
30. Applicant shall pay the applicable Engineering fees based on the final plans submitted.
ENVIRONMENT AL MITIGATION CONDITION
31. The applicant shall implement to the satisfaction of the Planning and Building Department
and the City Engineering Division the mitigation measures identified in the Chula Vista
Commerce Center II Mitigated Negative Declaration (IS-07-022) and Mitigation
Monitoring and Reporting Program.
'-3~-7
.
CVRC Board
Staff Report - Page 1
Item No. 4
DATE:
April 12, 2006
CVRC Board Directors
Honorable Mayor and Council Members
/
/,
'I
Jim Thomson, Interim Chief Executive Officerv' ../
Ann Hix, Acting Director of Community Developmen~\
Ed Batchelder, Advance Planning Manag~
TO:
VIA:
FROM:
PUBLIC HEARING: PCA-07-04; CONSIDERATION OF
AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTERS
19.07- SPECIFIC PLANS, AND 19.80- CONTROLLED RESIDENTIAL
DEVELOPMENT
SUBJECT:
Project Area:
Applicant:
Project Site:
Project Type:
Project Description:
Merged Chula Vista Redevelopment Project Area
City of Chula Vista
City-wide
Zoning Text Amendments
The first of the proposed amendments regards
Chula Vista Municipal Code (CVMC) Chapter
19.07- Specific Plans, and would add provisions to
further clarify required content for local specific
plans, including a program indicating how and when
facilities and services needed to support the plan's
development would be provided and financed. The
amendments also add findings to be made by both
the Planning Commission and City Council in
conjunction with actions on proposed specific plans
to ensure that the plans conform with requirements,
and that facility and service requirements will be
met prior to, or concurrent with development.
The second proposed amendment regards CVMC
Chapter 19.80- Controlled Residential Development
Ordinance (CRDO), and would add a provision
stating that areas zoned, or proposed to be rezoned
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Staff Report - Item No.4
April 12, 2007
Page 2
as part of a specific plan would be deemed in
compliance with the CRDO's zoning provisions,
provided it conforms to the requirements of CVMC
Chapter 19.07 and is supported by the required
findings as noted above. This would be similar to
the existing provision in the CRDO which finds
Planned Community zoned areas to be in
compliance.
INTRODUCTION
In the late 1980s, a citizen's initiative, referred to as the "Cumming's Initiative" was
passed by a majority vote of the electorate and was incorporated as Chula Vista
Municipal Code (CVMC) Section 19.80-Controlled Residential Development (Ordinance
2309 Initiative 1988). The purpose and intent of the initiative was generally to ensure
the quality of life for the residents of Chula Vista. The ordinance states that the intent is
"not designed to halt quality growth, but to ensure that rampant, unplanned
development does not overtax facilities and destroy the quality and home town
character of Chula Vista".
When the intiative was crafted, some areas of the City (those zoned Planned
Community (PC)) already had an obligation to prepare comprehensive public facility and
service plans to support proposed development, and as a result, CVMC 19.80 states
that areas zoned or proposed to be rezoned to planned community (PC) are deemed in
compliance with the Controlled Residential Development Ordinance's zoning provisions
(Section 19.80.070). However, Section 19.80.070 does not recognize the use of
specific plans prepared pursuant to City ordinance and the State Government Code to
achieve this same end. Specific Plans are widely used comprehensive zoning
mechanisms that are very similar to the Sectional Planning Area (SPA) Plans used to
implement the City's PC zoned areas. They are also required to be accompanied by
programs and implementation measures necessary to implement comprehensive public
facilities and services.
Considering this, and the extensive growth management requrements and programs
that have been instituted in the City in the approximately 20 years since CVMC 19.80
was created, Specific Plans should be similarly recognized as being compliant with the
intents of the Controlled Residential Development Ordinance. The proposed
amendments are intended to accomplish this.
REDEVELOPMENT FISCAL IMPACT
The proposed zoning text amendments do not approve or deny any particular
development, or otherwise change zoning of areas under the auspices of a specific
plan. As such they do not have a direct fiscal impact. They do, however, clarify and
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Staff Report - Item No.4
April 12, 2007
Page 3
ensure that development would ultimately mitigate its related, proportionate affects on
facilities and services, consistent with the City's growth management regulations.
These affects would be quantified and addressed in conjunction with those particular
development decisions.
ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that there is no possibility that the activity may have a significant effect on the
environment because the project consists of amendments to the City of Chula Vista
Municipal Code to clarify the requirements of Chapters 19.07 and 19.80; therefore,
pursuant to Section 15061 (b)(3) of the State CEQA Guidelines the activity is not subject
to CEQA. Thus, no environmental review is necessary. Although environmental review
is not necessary at this time, when subsequent projects in accordance with Chapters
19.07 and 19.80 have been defined, environmental review will be required and a CEQA
determination completed prior to approval of any such projects.
RECOMMENDATION
a. That the Chula Vista Redevelopment Corporation adopt the Resolution
recommending that the City Council approve the proposed Ordinances amending
CVMC Chapters 19.07 & 19.80.
c. That City of Chula Vista City Council:
1) Approve and place on First Reading the Ordinance amending Chapter 19.07
of the Chula Vista Municipal Code.
2) Approve and place on First Reading the Ordinance amending Chapter 19.80
of the Chula Vista Municipal Code. (Unanimous Vote Required).
BOARDSICOMMISSIONS RECOMMENDATIONS
The Planning Commission held a public hearing on the proposed zoning text
amendments (PCZ-07-04) on March 28, 2007, and voted 6-1 to approve a Resolution
recommending that the City Council approve the proposed amendments to CVMC
Chapters 19.07 and 19.80 based on the findings and subject to the provisions contained in
the attached City Council Ordinances.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it
is not site specific and consequently the 500 foot rule found in California Code of
Regulations Section 18704.2(a)(1) is not applicable.
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Staff Report - Item No.4
April 12, 2007
Page 4
BACKGROUND
Concerns & Intents Expressed in the CumminQs Initiative-
As noted in the opening section of this report, amid the growth pressures of the mid-
1980s, and absent a comprehensive City plan or system for growth management,
voters passed the Cummings Initiative which became the Controlled Residential
Development Ordinance (CVMC 19.80) to ensure that any rapid, unplanned
development did not overtax public facilities and services, and degrade the quality of life
in Chula Vista.
To carry this out, the Ordinance requires the staged provision of public services and
facilities commensurate with growth through funding mechanisms such as a system of
fees, collected from developers at the time of new development. These fees are to be
spent by the City, in a timely manner, on public facilities and services to ensure that new
development will not have a negative impact on the residents of Chula Vista. Along with
this were the phased zoning provisions metioned earlier.
In the findings section (19.80.010), the initiative acknowledged that voters felt the City
had more than adequate time to produce a general plan to address pending new
development and protect quality of life, but had failed to do so. As a result, the measure
was presented to qualify an effective and fair growth management ordinance by the
voters. Toward acknowledging that the voters expected the City to take corrective
growth management actions in the future, the ordinance contains the following among
its provisions:
. Section 19.80.030; indicates that the City shall ensure the revised General Plan
has a "public facilities and services element" such that development shall not
occur until additional, necessary public facilities and services to support the
development are assured. It goes on to state all the facilties and services to be
encompassed.
. Section 19.80.040; indicates the City shall assure all funds necessary to meet
public facility and services element needs through financing methods including
but not limited to bonding, reimbursement agreements, development
agreements, assessment districts, community facility districts, etc.
. Section 19.80.080; authorizes and directs the City Council to adopt such further
ordinances, resolutions, policies and procedures consistent with the ordinance's
purpose and intents.
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Staff Report - Item No.4
April 12, 2007
Page 5
. Section 19.80.100; allows for modfication of the ordinance through a public
hearing, provided the amendment is clearly in keeping with the ordinance's
intent. It requires a unanimous (5-0) Council vote to make such an amendment.
. Section 19.80.110; states that the ordinance is inconsistent with, and intended as
an alternative to, any intiative or ordinance that would place a fixed numeric or
rate limit on residential construction, or that would establish inflexible standards
for public faciltities requirements.
Growth Manaqement proqress in Chula Vista since passaqe of the Controlled
Residential Development Ordinance -
Over the last 20 years since CVMC 19.80 was approved, the City of Chula Vista has
made signficant accomplishments in responding to the above recited concerns, intents
and directions in the Cummings Initiative through numerous growth management
activities that have served as a model for other communities in the state and nation.
These include:
. Adoption of a city policy in 1987 establishing a set of eleven growth
management Quality-of-Life Threshold Strandards which continue to serve the
City today. The policy also established the Growth Management Oversight
Commission (GMOC) comprised of nine citizens who meet annually to monitor
and report on existing and projected development's compliance with each of the
eleven Threshold Standards.
. Adoption of a comprehensive General Plan update in 1989, including both a
Public Facilities and Services Element and a Growth Management Element that
provided policy guidance and linkage to the orderly growth of the City, and the
timely provision of required facilities and services.
. In 1991 a Growth Management Program (GMP) document, and a Growth
Management Ordinance (GMO) were adopted (CVMC 19.09). The GMP
provided a comprehensive description of the requirements and relationships of
the City's growth management provisions, their integration with the
development review process, and related administration and compliance
mechanisms. These ensure that development does not occur unless facilities
and improvements are available to support the development, and that new
development either provides them, or pays associated fees. The GMO codified
the City's Quality-of-Life Threshold Standards, and established specific growth
management and facilities planning and financing performance requirements for
new development. This includes the requirement for facilties and service plans
such as Public Facilities Financing Plans (PFFPs).
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Staff Report - Item No.4
April 12, 2007
Page 6
· Established and/or updated a number of fee and financing programs requiring
new development to provide their proportionate contribution to public services
and facilities, including the following among others:
. City-wide Public Facilties Development Impact Fee (DIF)
. Eastern CV Transportation DIF
. City-wide Park Acquisition and Development (PAD) Fee
. City-wide Recreation DIF
. Community Facility Districts (CFDs)
. Assessment Districts
. Sewer fees
. Storm drain fees
. Traffic signal fees
. Adotion and maintenance of facility master plans and/or strategic plans for police,
fire, libraries, parks, sewers, and drainage among others. Outside agencies have
also adopted and maintained master plans for schools and water facilities for
example.
. Preparation of annual growth forecasts, and the conduct of various monitoring
programs to track the amount and effect of growth. One example is the annual
Traffic Monitoring Program (TMP).
. Adoption of a second comprehensive General Plan update in 2005, including
updated Public Facilties & Services, and Growth Management Elements.
Collectively, this integrated system of growth management programs, standards,
regulations, facility master plans, funding systems and monitoring activities created an
effective system of checks and balances that continues to serve the city well in ensuring
that new development keeps in step with the provision of public services and facilities.
It's also worthy to note that the California Environmental Quality Act (CEQA) review
process includes an assessment of a project's impacts, and identification of mitigation
measures related to significant impacts. The City's growth management Threshold
Standards are routinely evaluated as part of our local CEQA process, and mitigation
measures can include (but are not limited to) the provision of public services and
facilities. For significant impacts, a Mitigation Monitoring and Reporting Program
("MMRP") ensures that subsequent new development implements timely mitigation for
these impacts, which can include installation of infrastructure or payment of fees for
needed public facilities as a result of new growth.
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Staff Report - Item No.4
April 12, 2007
Page 7
Similarities of Specific Plans to SPA Plans in the PC Zone -
As noted in the Introduction section of this report, and further described below, specific
plans are very similar in content and function to SPA plans under the City's PC zone.
In 1984, several years before the approval of the Controlled Residential Development
Ordinance (CVMC 19.80), the State of California enacted Government Code Sections
65450-65457. that allow for the preparation of specific plans to implement a city's
General Plan. CVMC Chapter 19.07. incorporates those provisions along with others
governing local specific plans. As decribed in State law, specific plans allow for a more
comprehensive approach to traditional zoning, and are required to include much more
than typical zoning regulations. They must effectively serve as a master plan for the
area. Along with land use and building standards, regulations and guidelines, a specific
plan must identify the proposed distribution, location, extent and intensity of major
components of public and private infrastructure (transportation, sewage, water,
drainage, solid waste disposal, energy, etc.) to be located within the area covered by
the plan, and needed to support the proposed land uses. A specific plan is also required
to include a program of implementation measures including regulations, programs,
public works/facilities projects, and financing measures. This plan is similar in purpose
to a PFFP in PC zoned areas
In eastern Chula Vista, the City elected to carry out the function of specific planning
through the Planned Community (PC) zone and its required Sectional Planning Area
(SPA) Plans SPA Plans (under CVMC Chapter 19.48) reflect the form and function of
specific plans, but are a unique Chula Vista adaptation. That adaptation was designed
to respond to the pattern of large vacant land holdings in eastern Chula Vista, and the
intent to employ a master planned community format. This includes tailored provisions
for new public services and facilities to be planned comprehensively by a master
developer through a PFFP. Consistent with State law's facilities planning requirements
for specific plans, the PFFP provides a plan and funding mechanisms for the provision
of necessary public services and facilities 'commensurate with growth. Since the late
1980s, about 24,000 residential units and significant commercial and industrial areas
have been successfully developed along with quality facilities and services through
implementation of PC/SPAlPFFP approach.
DISCUSSION
Preparinq for Specific Plans to Implement the Adopted General Plan-
With the recent adoption of the City's General Plan update in December 2005, a new
vision for the city was established. A large part of that vision focused on the
revitalization and redevelopment of western Chula Vista. New growth is planned
around "smart growth" principles such as mixed use, and transit oriented development
that concentrates infill and redevelopment to select focus areas and corridors to protect
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Staff Report - Item No.4
April 12, 2007
Page 8
stable single family neighborhoods, better utilize land resources, make more efficient
use of infrastructure, and reduce environmental effects. Several key focus area such
as the Northwest's Urban Core, portions of the Southwest Planning Area, and the
Bayfront present many opportunities to generate new jobs, provide more housing, and
create new shopping, entertainment and cultural experiences. This will necessitate the
development of standards and regulations that address land use arrangements,
densities and intensities beyond what the City's current zoning code provides. The
General Plan calls for the preparation and adoption of specific plans in these areas to
accomplish this in an organized and orderly fashion.
New specific plan zoning districts, particularly those needed to carry out the new Mixed
Use and Urban Core Residential GP designations, will undoubtedly be different from
those that presently exist in the Municipal Code (such as R2 or R3). If left unaddressed,
we foresee that questions will arise as to the relation of adoption of such new zoning
districts with the provisions as presently stated in CVMC 19.80.070. Absent
clarifications, those questions could unduely cloud the adoption of specific plans needed
to carry out the GP. This would include the pending Urban Core Specific Plan and
future Southwest area specific plans.
Since specific plans are required to have comprehensive infrastructure and service
plans similar to those successfully used in our PC areas, they are clearly in keeping with
the purposes and intents of CVMC 19.80. This is further bolstered by the extensive
requirements that exist under our current growth management programs developed
over the 20 years since CVMC 19.80 was adopted. While CVMC 19.80.070 recognizes
rezonings involving the PC zone (and thus associated SPA Plans) as being in
compliance with the ordinance, it does not acknowledge the same for specific plans--
but should.
As described below and presented in Exhibits A and B of Attachment 1 to this report,
the proposed amendments to CVMC Chapters 19.07 and 19.80 are intended to
accomplish that, and to emphasize specific plan requirements, particularly those
regarding infrastructure and service plans.
Proposed revisions to CVMC 19.07 - Specific Plans-
. Adds new Section 19.07.011 to clarify City content requirements for specific
plans, including a facilities planning and financing plan.
. Adds new Section 19.07.012 to establish findings that must be made by both the
Planning Commission and City Council in conjuntion with the approval of any
specific plan. Those findings include consistency with the General Plan, that the
specific plan sufficiently includes all required content per 19.07.011, and that
related demands on public facilities and services will be addressed in advance of,
or concurrent with, growth in conformance with City GMO (CVMC 19.09)
standards.
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Staff Report - Item No.4
April 12, 2007
Page 9
. Deletes Section 19.07.020 as a clean up amendment. The referenced sections
of the State Govenrment Code have been repealed. Provisions regarding
specific plan administration have been included in proposed Section
19.07.011.A.8.
Proposed revision to CVMC 19.80 - Controlled Residential Development-
. Amends Section 19.80.070 to add text stating that areas zoned or proposed to
be rezoned as part of a comprehensive specific plan are deemed in compliance
with the ordinance, provided they conform to the requirements outlined in CVMC
19.07 (above), and subject to making the findings required under Section
19.07.012 (also above).
Staff has determined that this proposed amendment, in conjunction with the
proposed amendments to CVMC Chapter 19.07, is in keeping with the intent of
the Controlled Residential Development Ordinance.
The proposed amendments are being brought forward at this time since the first of the
GP zoning implementing efforts, the Urban Core Specific Plan, is ready for public
hearing consideration.
CONCLUSION
For over 20 years specific plans have been used to successfully implement General
Plans throughout the State. The City of Chula Vista has recognized this zoning tool by
providing for its use in CVMC 19.07, and identifying it as one of the primary
implementation tools for the 2005 General Plan, particularly in the western portions of
the City. The specific plan model formed the basis for the City's PC Zone and SPA
Plans, and like those, specific plans require a plan for, and mechanisms to ensure that
new development provides adequate public services and facilities.
Considering this, and the extensive growth management requirements and programs
that have been instituted in the City in the approximately 20 years since CVMC 19.80
was created, specific plans are clearly in keeping with the intent of the Controlled
Residential Development Ordinance (Cummings Initiative), and should be recognized
as being compliant with its zoning provisions in Section 19.80.070. The proposed
amendments as presented in Attachment 1 will accomplish this, and would apply to all
future specific plans prepared to implement the General Plan.
ATTACHMENTS
1. City Council Ordinance to Amend CVMC 19.07.
2. City Council Ordinance to Amend CVMC 19.80.
4-9
CYRC RESOLUTION NO. 2007-
RESOLUTION OF THE CHULA VISTA REDEVELOPMENT
CORPORATION RECOl\llMENDING CITY COUNCIL
APPROVAL OF PROPOSED AMENDMENTS TO CHULA
VISTA MUNICIPAL CODE CHAPTERS 19.07 AND 19.80
WHEREAS, in 1988, a citizen's initiative, referred to as the "Cumming's Initiative" was
passed by a majority vote of the electorate and was incorporated as Chula Vista Municipal Code
("CYMC") Chapter 19.80 - Controlled Residential Development by Ordinance 2309 ("CRDO");
and
WHEREAS, the statement of purposes and intent section of the CRDO (CYMC
19.80.020) states that the initiative was "not designed to halt quality growth, but to ensure that
rampant, unplanned development does not overtax facilities and destroy the quality and home
town character of Chula Vista;" and
WHEREAS, in its findings, the CRDO indicates the voters' position at that time, that
City had more than adequate time to produce a general plan to protect the quality oflife in Chula
Vista but had failed to do so; and
WHEREAS, absent such a plan, the CRDO states that it was the intent of the people to
establish control over the quality and rate of growth of Chula Vista in the interest of preserving
the character of the community; protecting the open space of the city; protecting the quality of
life in the City; ensuring the adequacy of city facilities, school facilities, recreation, park
facilities and services, fire and police and paramedic protection, and water and sanitary sewer
systems; ensuring the balanced development of the city; and ensuring that the future traffic
demands do not exceed the capacity of streets; and
WHEREAS, to carry this out, the CRDO requires the staged provision of public services
and facilities commensurate with growth through funding mechanisms such as a system of fees,
collected from developers at the time of new development, and also contains a provision
limiting the frequency of residential rezones outside Planned Community (PC) zoned areas to
the next highest category over a two-year period in order to create a control on the pace of
development to allow the provision of public facilities and services to catch up if necessary; and
WHEREAS, the CRDO also states that areas zoned or proposed to be rezoned Planned
Community (PC) are deemed in compliance with its zoning limitation provisions in recognition
that PC zoned areas are required under the City's codes to include a comprehensive public
facility and service planning and funding provisions; and
WHEREAS, further provisions of the CRDO acknowledge that the voters expected the
City to take corrective growth management actions in the future; and
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CYRC Resolution No
Page 2
WHEREAS, in the approximately 20 years since adoption of the CRDO, and consistent
with these intents and directions, the City has undertaken numerous efforts to establish an
integrated system of growth management programs, standards, regulations, facility master plans,
funding systems and monitoring activities that create a system of checks and balances that
ensure new development keeps in step with the provision of public services and facilities; and
WHEREAS, CYMC 19.09 has further integrated standards and facilities evaluation, and
plans for the funding and phasing of public services and facilities commensurate with growth,
into the development process and has established the requirement related "Public Facilities
Financing Plans ("PFFPs") as part of Sectional Planning Area ("SP A") Plan process; and
WHEREAS, in 1984 the State of California enacted Government Code Section 65450-
65457 that allows for the preparation of specific plans to implement a city's General Plan, and
which are incorporated into CYMC Chapter 19.07 - Specific Plans; and
WHEREAS, similar to a SPA plan, specific plans must identify the proposed distribution,
location, and extent and intensity of major components of public and private transportation,
sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to
be located within the area covered by the plan, and needed to support the land uses, and must
include a plan and mechanisms for the provision of said public services and facilities
commensurate with growth; and
WHEREAS, as a result, and pursuant to Government Code Section 65451, zoning or
rezoning land under a planned community (PC) zone is analogous to rezoning as part of a
specific plan; and,
WHEREAS, Section 19.80.070 of the CRDO provides that property zoned or rezoned as
part of a planned community (PC) is deemed to be in compliance with its zoning provisions; and
WHEREAS, given the required content for specific plans as stated, specific plans should
be similarly recognized as being compliant with the intents of the CRDO; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
there is no possibility that the activity may have a significant effect on the environment because
the project consists of amendments to the City of Chula Vista Municipal Code to clarify the
requirements of Chapters 19.07 and 19.80; therefore, pursuant to Section 15061(b)(3) of the
State CEQA Guidelines the activity is not subject to CEQA, and no environmental review is
necessary; and
WHEREAS, the Community Development Director set the time and place for a hearing
on the proposed zoning text amendments and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the city, at least 10 days
prior to the hearing; and,
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CYRC Resolution No.
Page 3
WHEREAS, the hearing was held at the time and place as advertised, namely 600 p.m.,
April 12, 2007, in the Council Chambers, 276 Fourth Avenue, before the Chula Vista
Redevelopment Corporation.
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment
Corporation does hereby determined from the facts presented that approval of the proposed
zoning text amendments is in keeping with the intents of the CRDO, and will effectively ensure
that specific plans include a plan for needed public facilities and services to support the specific
plan land uses, and that those needed facilities and services will be provided in advance of, or
concurrent with development.
BE IT FURTHER RESOLVED that the Chula Vista Redevelopment Corporation
recommends that the City Council adopt the proposed Ordinances approving the amendments to
CYMC Chapters 19.07 and 19.80 in accordance with the findings contained in those Ordinances.
Presented by:
Approved as to form by
Ann Hix
Acting Director of Community Development
Ann Moore
General Counsel
L-/- ~-3
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA
AMENDING CHULA VISTA MUNICIPAL
CHAPTER 19.07 - SPECIFIC PLANS
VISTA
CODE
WHEREAS, in 1984 the State of California enacted Government Code Sections
65450-65457 that allow for the preparation of specific plans to implement a city's
General Plan, and which are incorporated into CYMC Chapter 19.07 - Specific Plans;
and
WHEREAS, specific plans must identify the proposed distribution, location, and
extent and intensity of major components of public and private transportation, sewage,
water, drainage, solid waste disposal, energy, and other essential facilities proposed to be
located within the area covered by the plan, and needed to support the land uses, and
must include a plan and mechanisms for the provision of said public services and
facilities commensurate with growth; and
WHEREAS, as a result, and pursuant to Government Code Section 65451, zoning
or rezoning land under a planned community (PC) zone is analogous to rezoning as part
of a specific plan, in that, both must: (i) be consistent with the City's General Plan; (ii)
comply with the City's growth management programs; (iii) contribute proportionally to
public services and facilities through the City's various impact fee programs; (iv) identify
the public facilities and services needs of the proposed development, as well as how those
needs will be met; and (v) complete an environmental review process which includes
identification of mitigation measures related to significant environmental impacts, which
can include but not be limited to the provision of public services and facilities; and
WHEREAS, CYMC 1909 has further integrated standards and facilities
evaluation, and plans for the funding and phasing of public services and facilities
commensurate with growth, into the development process and has established the
requirement for related "Public Facilities Financing Plans ("PFFPs") as part of Sectional
Planning Area ("SPA") Plan process; and
WHEREAS, CYMC Chapter 19.07 contains the provisions and requirements that
govern the preparation of specific plans within the City of Chula Vista; and
WHEREAS, the last update to CYMC 19.07 pre-dated the establishment of the
majority of the City's current growth management provisions, including the adoption of
CYMC 19.09; and
WHEREAS, in order to be clearer regarding requirements for local specific plans,
including the required facilities and services plan, and their relation to City growth
management provisions, it would be beneficial to update CYMC 19.07 to reference such
requirements; and
4-b-1
Ordinance No.
Page 2
WHEREAS, the proposed amendments to CVMCI9.07 (Attached in Exhibit A
hereto) are intended to accomplish this by listing the required components for specific
plans and their accompanying public facility and service plans, and by adding findings to
be made by the Planning Commission and City Council as part of their actions on
specific plans; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
March 28, 2007, and recommended that the City Council adopt an Ordinance approving
the proposed zoning text amendments; and
WHEREAS, the proceedings and evidence introduced before the Planning
Commission at the public hearing on this proposal held March 28,2007, and the minutes
and resolution resulting there from, are hereby incorporated into the record of these
proceedings; and
WHEREAS, the City Clerk set the time and place for a hearing on said zoning
text amendments by the Chula Vista Redevelopment Corporation and the City Council
for April 12, 2007, and notice of said hearing, together with its purpose, was given
pursuant to California Government Code 65091 and 65092 at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely on
April 12, 2007, at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before
the Chula Vista Redevelopment Corporation and the City Council; and
WHEREAS, after hearing staff presentation and receiving public testimony said
hearing was thereafter closed; and
WHEREAS, the Chula Vista Redevelopment Corporation approved a Resolution
recommending that the City Council adopt an Ordinance approving the proposed zoning
text amendments; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that there is no possibility that the activity may have a significant effect on
the environment because the project consists of amendments to the City of Chula Vista
Municipal Code to clarify the requirements of Chapters 19.07 and 19.80; therefore,
pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject
to CEQA, and no environmental review is necessary.
NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista, does
hereby ordain as follows:
1. That specific plans, prepared pursuant to Government Code Section 65450 et seq.
and Chula Vista Municipal Code Chapter 19.07, are similar to the planned
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Ordinance No.
Page 3
community (PC) zone and its implementing SPA plans, and also require a plan for,
and mechanisms to ensure that, new development provides adequate public
services and facilities.
2. That the proposed amendments to CYMC Chapter 19.07 as presented in Exhibit A
attached hereto are in keeping with, and complement and reinforce provisions of,
CYMC 19.09 and 19.80 by further clarifying the City's requirements for specific
plans, including required public facility and service plans, and by adding required
findings for Planning Commission and City Council actions on specific plans to
ensure consistency with the intents ofCYMC 19.09 and 19.80.
3. That the proposed amendments to CYMC Chapter 19.07 as presented in Exhibit A
attached hereto, will effectively ensure that needed public facilities and services to
support the specific plan's land uses will be provided in advance of, or concurrent
with development.
4. That Chula Vista Municipal Code Chapter 19.07 be accordingly amended as
depicted in the strike-through/underline format in Exhibits A attached hereto.
Effective Date
This ordinance shall take effect and be in full force on the thirtieth day from and
after its second reading.
Presented by
Approved as to form by
James D. Sandoval
Director of Planning and Building
Ann Moore
City Attorney
L.J. b-3
Exhibit A to City Council Ordinance
Proposed Amendments to Chula Vista Municipal Code
Chapter 19.07
SPECIFIC PLANS
Sections:
19.07.010 Statutory authority - Scope of.
19.07.011 Requirements and content.
19.07.012 Findings required for recommendation and adoption.
19.07.020 "^.drniniGtratioa of. Repealed.
19.07.030 Zoning implementation thereof.
19.07.035 Repealed.
19.07.010 Statutory authority - Scope of.
Sections 65450 through 65507 of the Government Code of the state relating to
the authority for the scope of specific plans, and the procedures for the adoption
of specific plans, are hereby adopted and incorporated herein by reference as
though set forth in full. The fee for processing specific plan amendments and
specific plan development proposals or modifications shall be the required fee(s).
(Ord. 2506 S 1, 1992; Ord. 2011 S 1, 1982; Ord. 1854 S 2, 1979; Ord. 1825 S 2,
1978).
19.07.011 Requirements and content.
A. Specific Plans shall consist of a plan diagram or diagrams. an
accompanving text. and other attachments and exhibits as may be necessary.
to specifv all of the following in detail to the satisfaction of the Director of
Planning and Building and/or their designee:
1. A statement and discussion of the relationship and
consistency of the Specific Plan to the Citv's General
Plan.
2. The type. distribution. location. amount. and intensity
of all land uses within the area covered by the Plan.
3. The approximate total population anticipated within
the Plan's area.
4. A depiction of any and all subareas or other districts
within which the Plan's provisions will be applied.
5. The standards. regulations. criteria and guidelines by
which all development shall proceed within the Plan
and any of its subareas or districts.
6. The proposed distribution. location. extent and
intensity of public facilities and services within the
area covered by the Plan. and needed to support the
land uses included in the Plan. including but not
Exhibit A to City Council Ordinance
Proposed Amendments to CYMC 19.07 (April 2007)
4 b-tf
Page lof4
limited to transportation. sewer. drainage. water.
parks. etc.
7. A program indicating how and when the facilties and
services necessarY to support the developing land uses
will be installed or financed. and including the
following;
a. A list of the facilties and services.
b. An inventorv of present and future
requirements for each facilitv and service
based upon the Citv's Grow1h Management
Threshold Standards.
c. A phasing schedule that addresses the timing
for installation or provisions for required
faci I i ti es and servi ces.
d. A financing program identifying the methods
for funding those facilities and services
consistent with the phasing schedule.
8. Provisions and procedures for the comprehensive
implementation and administration of the Plan.
19.07.012 Findinl!s required for recommendation and adoption.
A. The plmming commission. after a public hearing. may recommend approval
of a specific plan provided that it finds that the facts submitted with the plan
and presented at the hearing establish that:
1. The specific plan is in comformance with the Citv's
General Plan.
2. The specific plan was prepared in accordance with the
Citv's municipal code and the California Government
Code provisions governing specific plans.
3. That the associated demmlds on public facilties and
services due to development allowed bv the specific
plan will be mitigated prior to. or concurrent with the
development. and in confromance with the Citv's
Growth Management Ordinance CVMC 19.09.
B. The planning commISSIOn mav recommend disapproval of the specific
plan. may recommend approval of said plan as submitted. or mav recommend
approval of said plan subiect to specified modifications.
C. The citv council. based upon receipt of the planning commission
reconmlendation on the specific plan shall conduct a public hearing thereon.
The city council may approve. deny or modify the plan. Any action of
Exhibit A to City Council Ordinance
Proposed Amendments to CVMC 19.07 (April 2007)
4b-S
Page 2 of4
approval. or approval subiect to modifications, by the city council shall also
be subiect to the following findings:
I. The specific plan is in comformance with the City's
General Plan.
2. The specific plan was prepared in accordance with the
City's municipal code and the California Government
Code provisions governing specific plans.
3. That the associated demands on public facilties and
services due to development allowed by the specific
plan will be mitigated prior to, or concurrent with the
development. and in conformance with the City's
Growth Management Ordinance CYMC 19.09.
19.117.ll:211 f.E1miRi~tFatioR of.
Sections 65550 throagH 65553 of the GoyemmeRl Code of tHe state relatisg Is
the atlministration of specific plaBG are Hereby adElfJted aHd incorporated herein by
reference as though set forth in full. (Ord. 185'1 ~ 2, 1979; Ord. 1&25 ~ 2, 197&).
19.07.030 Zoning implementation thereof.
A. Specific plans may be implemented through the adoption of standard zoning
ordinances, the planned community zone, as provided in this title, or by plan
effectuation standards incorporated within the text of an individual specific plan.
The method of implementing an individual specific plan shall be established and
expressed by its adopting resolution or ordinance.
If the specific plan is to be implemented through the use of standard zones, any
open space uses or other public uses so designated on the specific plan may be
allowed to be developed in a manner logically consistent with and in conformity
to adjacent and contiguous land uses as shown on the specific plan; provided,
however, the developer must show that such development, which must be
residential, thus allowed will not increase the overall density of the total area
incorporated into the specific plan. Further, in no case shall any designated open
space land, or land designated for other public use in said specific plan, be
developed for any use other than residential. Should all adj acent and contiguous
land uses be designated for uses other than residential, the underlying land use on
such open space may be requested for development at no greater density than that
allowed in the R-E zone.
B. If any territory subject to an adopted specific plan is zoned P-C, the involved
property owners may register their concurrence with terms and provisions of the
adopted specific plan, and may proceed with development in accordance
therewith; provided, that the required fees are paid, and the procedural and
substantive requirements of the P-C zone are met. The said registration of
concurrence shall, by operation of law, establish the adopted specific plan as the
general development plan of the involved P-C zone. If the property owners do not
register their concurrence with the terms and provisions of the adopted specific
Exhibit A to City Council Ordinance
Proposed Amendments to CYMC 19.07 (April 2007)
4b-Cp
Page 3 of 4
plan, they may proceed with the development of their property through the use of
standard zoning, as provided hereinabove.
C. When a specific plan is adopted and existing zoning is thereby inconsistent
with the specific plan and the developer desires to develop the property in
accordance with the existing zoning, the developer must first submit a proposed
amendment to the specific plan. All such amendments shall be subject to public
hearings by the planning commission and the city council. If the amendment is
adopted, the developer can proceed with the normal processing of the
development proposal.
Notwithstanding the above provisions, those projects which have been
substantially processed consistent with existing zoning and which are affected by
a specific plan may proceed; provided, that the zoning administrator issues in
each case a permit to complete processing based upon the findings that the
effectiveness of the specific plan and the order and amenity of the community
would not be substantially impaired by the issuance of the permit.
Projects shall be deemed to be substantially processed where the property
owners have procured approved tentative subdivision or parcel maps, building
permits, conditional use permits, or design review committee approvals, in
furtherance of the proposed projects. The zoning administrator, furthermore, may
deem that projects have been substantially processed where the involved property
owners have submitted tentative subdivision or parcel maps or applications for
design review, but are awaiting consideration by the appropriate city agency or
official.
Appeals from the actions of the zoning administrator may be filed, within 10
days after the dates of said actions, with the planning commission. Further appeals
to the city council may be submitted pursuant to the provisions of CVMC
19.14.110 and 19.14.130. (Ord. 2327 S 2, 1989; Ord. 2076 S 1, 1984; Ord. 1854
S 2, 1979; Ord. 1825 S 2, 1978).
19.07.035 Supersedence of zoning designations.
Repealed by Ord. 2532 S 10, 1992. (Res. 11903, 1985).*
* Code reviser's note: Ord. 2532 renumbered the provisions of this section to be
Chs. 19.81 to 19.87 CYMC.
H:\PLANNING\General_Plan\GPU_Implementation\CVMC 19.07 & 19.80 Amendments\CYMC 19.07 text amend final CC.doc
4b-7
Exhibit A to City Council Ordinance
Proposed Amendments to CYMC 19.07 (ApriI2007)
Page 4 of4
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTER 19.80- CONTROLLED RESIDENTIAL
DEVELOPMENT
WHEREAS, in 1988, a citizen's initiative, referred to as the "Cumming's
Initiative" was passed by a majority vote of the electorate and was incorporated as Chula
Vista Municipal Code ("CVMC") Chapter 19.80 - Controlled Residential Development
by Ordinance 2309 ("CRDO"); and
WHEREAS, the Statement of purposes and intent section of the CRDO (CYMC
19.80.020) states that the initiative was "not designed to halt quality growth, but to
ensure that rampant, unplanned development does not overtax facilities and destroy the
quality and home town character ofChula Vista;" and
WHEREAS, in its findings, the CRDO indicates the voters' position at that time,
that City had more than adequate time to produce a general plan to protect the quality of
life in Chula Vista but had failed to do so; and
WHEREAS, absent such a plan, the CRDO states that it was the intent of the
people to establish control over the quality and rate of growth of Chula Vista in the
interest of preserving the character of the community; protecting the open space of the
city; protecting the quality of life in the City; ensuring the adequacy of city facilities,
school facilities, recreation, park facilities and services, fire and police and paramedic
protection, and water and sanitary sewer systems; ensuring the balanced development of
the city; and ensuring that the future traffic demands do not exceed the capacity of
streets; and
WHEREAS, to carry this out, the CRDO requires the staged provision of public
services and facilities commensurate with growth through funding mechanisms such as a
system of fees, collected from developers at the time of new development, and also
contains a provision limiting the frequency of residential rezones outside Planned
Community (PC) zoned areas to the next highest category over a two-year period in
order to create a control on the pace of development to allow the provision of public
facilities and services to catch up if necessary; and
WHEREAS, the CRDO also states that areas zoned or proposed to be rezoned
Planned Community (PC) are deemed in compliance with its zoning limitation
provisions in recognition that PC zoned areas are required under the City's codes to
include a comprehensive public facility and service planning and funding provisions;
and
4c-I
Ordinance No.
Page 2
WHEREAS, further provIsIons of the CRDO acknowledge that the voters
expected the City to take corrective growth management actions in the future as follows:
. Section 19.80.030 indicates that the City shall ensure the revised General Plan has
a "public facilities and services element" such that development shall not occur
until additional, necessary public facilities and services to support the
development are assured.
. Section 19.80.040 indicates the City shall assure all funds necessary to meet
public facility and services element needs through financing methods including
but not limited to bonding, reimbursement agreements, development agreements,
assessment districts, community facility districts, etc.
. Section 19.80.080 authorizes and directs the City Council to adopt such further
ordinances, resolutions, policies and procedures consistent with the ordinance's
purpose and intents.
. Section 19.80.100; allows for modfication of the ordinance through a public
hearing, provided the amendment is clearly in keeping with the ordinance's intent.
. Section 19.80.1l0 states that the ordinance is inconsistent with, and intended as
an alternative to, any intiative or ordinance that would place a fixed numeric or
rate limit on residential construction, or that would establish inflexible standards
for public faciltities requirements; and
WHEREAS, in the approximately 20 years since adoption of the CRDO, and
consistent with these intents and directions, the City has undertaken the following major
efforts to establish an integrated system of growth management programs, standards,
regulations, facility master plans, funding systems and monitoring activities that create a
system of checks and balances that ensure new development keeps in step with the
provision of public services and facilities, including:
. Adoption of a city policy in 1987 establishing a set of eleven growth
management Quality-of-Life Threshold Strandards and establishing a Growth
Management Oversight Commission (GMOC) comprised of nine citizens who
meet annually to monitor and report on existing and projected development's
compliance with each of the eleven Threshold Standards.
. Adoption of a comprehensive General Plan update in 1989, including both a
Public Facilities and Services Element and a Growth Management Element.
. Adoption of a Growth Management Program (GMP) document, and a Growth
Management Ordinance (GMO) (CYMC 19.09) in 1991.
4c-~
Ordinance No.
Page 3
. Established and/or updated a number of fee and financing programs requiring
new development to provide their proportionate contribution to public services
and facilities, including the following among others:
. City-wide Public Facilties Development Impact Fee (DIF)
. Eastern CV Transportation DIF
. City-wide Park Acquisition and Development (PAD) Fee
. City-wideRecreation DIF
. Community Facility Districts (CFDs)
. Assessment Districts
. Sewer fees
. Storm drain fees
. Traffic signal fees
. Adotion and maintenance of facility master plans and/or strategic plans for police,
fire, libraries, parks, sewers, and drainage among others.
. Preparation of annual growth forecasts, and the conduct of various monitoring
programs to track the amount and effect of growth such as the annual Traffic
Monitoring Program (TMP).
. Adoption of a second comprehensive General Plan update in 2005, including
updated Public Facilties & Services, and Growth Management Elements; and
WHEREAS, CYMC 19.09 has further integrated standards and facilities
evaluation, and plans for the funding and phasing of public services and facilities
commensurate with growth, into the development process and has established the
requirement related "Public Facilities Financing Plans CPFFPs") as part of Sectional
Planning Area ("SPA") Plan process; and
WHEREAS, in 1984 the State of California enacted Government Code Sections
65450-65457 that allow for the preparation of specific plans to implement a city's
General Plan, and which are incorporated into CYMC Chapter 19.07 - Specific Plans;
and
WHEREAS, similar to a SPA plan, specific plans must identify the proposed
distribution, location, and extent and intensity of major components of public and private
transportation, sewage, water, drainage, solid waste disposal, energy, and other essential
facilities proposed to be located within the area covered by the plan, and needed to
support the land uses, and must include a plan and mechanisms for the provision of said
public services and facilities commensurate with growth; and
WHEREAS, as a result, and pursuant to Government Code Section 65451, zoning
or rezoning land under a planned community (PC) zone is analogous to rezoning as part
of a specific plan, in that, both must: (i) be consistent with the City's General Plan; (ii)
comply with the City's growth management programs; (iii) contribute proportionally to
4C-3
Ordinance No.
Page 4
public services and facilities through the City's various impact fee programs; (iv) identify
the public facilities and services needs of the proposed development, as well as how those
needs will be met; and (v) complete an environmental review process which includes
identification of mitigation measures related to significant environmental impacts, which
can include but not be limited to the provision of public services and facilities; and
WHEREAS, Section 19.80.070 of the CRDO provides that property zoned or
rezoned as part of a planned community (PC) is deemed to be in compliance with its
zoning provisions; and
WHEREAS, given the required content for specific plans as stated, specific plans
should be similarly recognized as being compliant with the intents of the CRDO; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
March 28, 2007, and recommended that the City Council adopt an Ordinance approving
the proposed zoning text amendments; and
WHEREAS, the proceedings and evidence introduced before the Planning
Commission at the public hearing on this proposal held March 28, 2007, and the minutes
and resolution resulting there from, are hereby incorporated into the record of these
proceedings; and
WHEREAS, the City Clerk set the time and place for a hearing on said zoning
text amendments by the Chula Vista Redevelopment Corporation and the City Council
for April 12, 2007, and notice of said hearing, together with its purpose, was given
pursuant to California Government Code 6509 I and 65092 at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely on
April 12, 2007, at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before
the Chula Vista Redevelopment Corporation and the City Council; and
WHEREAS, after hearing staff presentation and receiving public testimony said
hearing was thereafter closed; and
WHEREAS, the Chula Vista Redevelopment Corporation approved a Resolution
recommending that the City Council adopt an Ordinance approving the proposed zoning
text amendments; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that there is no possibility that the activity may have a significant effect on
the environment because the project consists of amendments to the City of Chula Vista
Municipal Code to clarify the requirements of Chapters 19.07 and 19.80; therefore,
pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject
to CEQA, and no environmental review is necessary.
4 c-Y-
Ordinance No.
Page 5
NOW THEREFORE THE CITY COUNCIL ofthe City ofChula Vista, does ordain as
follows:
I. That specific plans, prepared pursuant to Government Code Section 65450 et seq.
and Chula Vista Municipal Code Chapter 19.07, are similar to the planned
community (PC) zone and its implementing SPA plans, and also require a plan for,
and mechanisms to ensure that, new development provides adequate public
services and facilities
2. That thereby amending the Section 19.80.070 of the CRDO to include areas zoned
or proposed to be rezoned as part of comprehensive specific plan, is clearly in
keeping with the intents of the CRDO.
3. That the proposed amendments to CRDO Section 19.80.070 as presented in
Exhibit A attached hereto, in conjunction with the proposed amendments to
CYMC Chapter 1907, clearly and effectively are keeping with the intent of the
CRDO, and will ensure that needed public facilities and services to support the
specific plan land uses will be provided in advance of, or concurrent with
development, as required in CYMC Chapter 19.07.
4. That Chula Vista Municipal Code Chapter 19.80 be accordingly amended as
depicted in underline format in Exhibit A attached hereto.
Effective Date
This ordinance shall take effect and be in full force on the thirtieth day from and
after its second reading.
Presented by
Approved as to form by
James D. Sandoval
Director of Planning and Building
Ann Moore
City Attorney
4 c.-5
Exhibit A to City Council Ordinance
Proposed Amendments to Chula Vista Municipal Code
Chapter 19.80
CONTROLLED RESIDENTIAL DEVELOPMENT
Sections:
19.80.010 Findings.
19.80.020 Statement of purposes and intent.
19.80.030 No development without adequate public services and facilities.
19.80.040 Funding of public services and facilities.
19.80.050 Timely renovation or expansion of public services and facilities.
19.80.060 Limitations of residential development exemptions.
19.80.070 Chula Vista zoning code modification
19.80.080 Adoption of consistent policies.
19.80.090 Ordinances in conflict.
19.80. 100 Modification.
19.80. 110 Statement of voter intent.
19.80.120 Judicial review.
19.80.130 Severability.
19.80. 140 Codification.
19.80.150 Effective date.
13~0 160 Publication.
19.80.010 Findings.
A. The city council of Chula Vista has had more than adequate time to produce a general plan
that will protect the quality of life and home town character of Chula Vista, now and in the
future, and has failed to do so.
B. The city is experiencing a period of intense residential development which adversely affects
the health, safety and welfare of the citizens of Chula Vista, and;
C. This intense development has overloaded the capacity of the city streets and thoroughfares
to move traffic safely, efficiently, and has failed to meet traffic demands, and;
D. This intense development has impacted neighborhood schools' capacity to absorb children,
and;
E This intense development has overburdened existing open space for recreational facilities
and parks, and;
F. This intense development has hindered the city's ability to provide police, fire and
paramedic protection at a satisfactory level. (Ord. 2309 Initiative 1988).
19.80.020 Statement of purposes and intent.
A. Chula Vista has experienced and continues to experience uncontrolled rapid residential
growth. This unprecedented growth is having a serious impact on the city's traffic flow, schools,
street maintenance, water and sewer services, environmental quality and the city's overall quality
oflife today and in the foreseeable future. The purpose of this measure is to qualify an effective
and fair growth management ordinance by initiative petition of the voters, one that will control
growth and protect the quality of life. This measure is not designed to halt quality growth, but to
ensure that rampant, unplanned development does not overtax facilities and destroy the quality
and home town character ofChula Vista.
Exhibit A to City Council Ordinance 4 c. - G,
Proposed Amendments to CYMC 19.80 (April 2007)
Page lof5
B. It is the intent of the people of the city to better plan for and control the rate ofresidential
growth in the city in order that the services provided by the city, school, park, utility and/or
service agencies operating in the city can be properly and effectively staged in a manner which
will not overextend existing facilities, and in order that deficient services may be brought up to
required and necessary standards while minimizing, by means of long-range financial planning,
the avoidable problems of shortsighted piecemeal growth. In order to accomplish this, this
ordinance will guarantee that any fees collected for drainage, schools, streets, utilities, parks and
recreation facilities shall be collected or assured by the developers in advance of development
impacts and shall be properly utilized and spent by the city or agency in a timely manner to
ensure that the impact of the development will not have a negative impact on the residents of
Chula Vista.
C. It is the intent of the people of the city to establish control over the quality and rate of
growth of the city in the interest of: preserving the character of the community; protecting the
open space of the city; protecting the quality of life in the city; ensuring the adequacy of city
facilities, school facilities, recreation and park facilities and services; ensuring the balanced
development of the city; preventing further the significant deterioration of environmental quality;
ensuring that the future traffic demands do not exceed the capacity of streets; ensuring the
character of the city's existing neighborhoods are preserved; ensuring the adequacy of fire and
police and paramedic protection; and ensuring adequate water and sanitary sewer systems. (Ord.
2309 Initiative 1988).
19.80.030 No development without adequate public services and facilities.
The city council shall ensure that the revised general plan will have a specific element known
as the "public services and facilities element." The purpose of the element is to ensure
development shall not occur in the city of Chula Vista that would degrade existing public
services and facilities below acceptable standards until all additional necessary public services
and facilities required for that development are assured or scheduled for timely completion as
determined by the city council in accordance with but not limited to the following criteria:
A. If the existing major city streets and thoroughfares do not have the capacity to
accommodate the proposed development without substantially altering existing traffic patterns or
overloading the existing street system, then construction or widening of a major link or links in
the major traffic network shall be staged as necessary to ensure the quality of existing traffic
flow is maintained.
B. If the existing drainage facilities cannot adequately dispose of the surface runoff of the
proposed development, then incremental construction of major and/or minor water course
facilities shall be required.
C. If the existing water storage and distribution systems cannot service the needs of the
proposed development, then incremental construction of major water system improvements shall
be required.
D. If the existing city parks and recreation facilities are, according to the established standards,
inadequate to serve the proposed development, financing and/or construction of parks and
recreation facilities shall be required.
E. The fire and police departments shall have the capacity to provide fire and police protection
in accordance with established response standards and fiscal policies of the city.
F. The appropriate school districts shall have the capacity to absorb the children expected to
inhabit the proposed development
Exhibit A to City Council Ordinance
Proposed Amendments to CYMC 19.80 (April 2007)
Lj. c-l
Page 2 of 5
G. The libraries shall have the capacity to properly service the people expected to inhabit the
proposed development.
H. The capacity of sanitary sewer plants and effluent lines to dispose of waste of the proposed
development shall be sufficient, or contributions by the proposed development toward additional
construction of additional sewer system improvements shall be required. (Ord. 2309 Initiative
1988).
19.80.040 Funding of public services and facilities.
A. The city council shall require that any individual, partnership, joint venture or corporation
receiving approval of a tentative subdivision map or any other discretionary approvals for any
development project shall assure all funds necessary to meet public service and facility element
needs and assure developer's participation in the timely construction and financing of facilities.
B. Assurance of construction and financing is defined as any acceptable financing method
including but not limited to bonding, reimbursement agreement, development agreements,
assessment districts, community facilities districts that provides assurance to the city that the
required funds or improvements shall become available for the timely renovation or expansion of
impacted public services and facilities.
C. The city council shall expend all funds collected under Section 19.80.040A solely for the
purpose for which they were advanced. (Ord. 2309 Initiative 1988).
19.80.050 Timely renovation or expansion of public services and facilities.
Occupancy of residential development projects shall occur only in increments until related
agreed upon renovations or expansions to the public services and facilities are scheduled for
timely completion. (Ord. 2309 Initiative 1988).
19.80.060 Limitations of residential development exemptions.
The following are the only allowable exemptions under this ordinance:
A. Single family dwellings on existing single-family lots.
B. Rehabilitation, or remodeling of existing dwellings or replacement of an existing dwelling
or a conversion of apartments to condominiums not adding any units.
C. Any development project that has vested rights prior to July 1, 1988. This measure shall
apply to all proposed development or redevelopment of Chula Vista except a development or
redevelopment proposal which has obtained a "vested right" as of the effective date of this
measure. For purposes of this measure, a "vested right" shall be:
1. "A project's right is vested where a property owner has performed substantial work and
incurred substantial liabilities in good faith reliance upon a permit issued by the city."
2. The "substantiality" of the expenditures incurred and of construction performed and the
question of whether or not such expenditures and construction were in "good faith" are questions
of fact to be determined on a case by case basis by the city council following application by the
landowner or developer and upon notice to the interested public, and following public hearing.
D. Except for A, B, and C of this section, any development shall provide all necessary public
services and facilities required to serve that development are insured in accordance with the
criteria set forth in Section 19.80.040. (Ord. 2309 Initiative 1988)
Exhibit A to City Council Ordinance
Proposed Amendments to CVMC 19.80 (ApriI2007)
4c.-<6
Page 3 of5
19.80.070 Chula Vista zoning code modification.
A. Rezoning of property designated for residential development under the city's zoning code
shall be permitted only to the next highest residential density category in any two year period
according to the following schedule:
A Agricultural Zone
R -E Residential Estates Zone
R-l Single Family Residential Zone
R-2 One- and Two-Fantily Residential Zone
R-3 Apartment Residential Zone
Property in the county pre-zoned for annexation as part of a planned community shall be
deemed in compliance with this section regardless of the county zoning approved for the
property. Property in the city zoned or proposed to be rezoned as part of a planned community
shall be deemed in compliance with this section.
Property in the citv zoned or prooosed to be rezoned as part of a comprehensive specific plan
shall be deemed in compliance with this section onlv in such instance that the specific plan
conforms to the reauirements ofCV1'vIC 1907. and is supported bv the requisite findings of the
!lliinning commission and city counciL as set forth in CVMC 1907.012.
This section shall not apply to rezones from a residential to a residential agricultural category.
B. Any annexation of lands within the city's sphere of influence shall conform to the purposes,
intent and requirements of this ordinance.
C. After property is annexed by the city, the prezoning approved for the subject property
cannot be amended or changed in any way for a two year period. This provision shall apply only
to prezones approved after the effective date of this ordinance.
D. Rezoning commercial or industrial property to a residential zone shall be permitted only to
the maximum residential density corresponding to the potential traffic generation that was
applicable prior to the rezoning to residential. In addition, property which is rezoned from
residential to commercial or industrial may not be rezoned to a residential category of higher
density than that which was applicable prior to the rezoning to commercial or industrial. This
provision shall apply only to rezones approved after the effective date of this ordinance.
E. Property which has been previously zoned which changes unit configuration resulting in the
same or a decreased level of density (units) shall not be considered a zone change under this
section. (Ord. 2309 Initiative 1988).
19.80.080 Adoption of con'sistent policies.
The city council of the city of Chula Vista is hereby authorized and directed to adopt such
further ordinances, resolutions, policies or procedures consistent with the purposes, intents and
requirements of the ordinance. (Ord. 2309 Initiative 1988)
Exhibit A to City Council Ordinance
Proposed Amendments to CYMC 19.80 (Apri12007)
Lt c.- q
Page 4 of5
19.80.090 Ordinances in conflict.
All provisions of the charter, city ordinances or provisions thereof in conflict with this chapter
are hereby repealed. (Ord. 2309 Initiative 1988).
19.80.100 Modification.
The city council may, after a public hearing, and by an affirmative vote of no less than five
members of the city council, amend any part of this ordinance, if said amendment and only if
said amendment is clearly in keeping with the intent of this ordinance. Or, by no less than three
affirmative votes of the city council, the city council may place a proposed amendment onto a
ballot for the purpose of obtaining a binding vote of the people of the city concerning said
amendment. (Ord. 2309 Initiative 1988).
19.80.110 Statement of voter intent.
This ordinance is inconsistent with and intended as an alternative to any initiative or ordinance
which would place a fixed numerical limitation on the rate of residential construction or establish
inflexible standards for the requirements of public facilities to be provided by any development
project. If this ordinance and any such initiative ordinance are both passed by a majority voting
thereon then the one with the most votes shall prevail. (Ord. 2309 Initiative 1988).
19.80.120 Judicial review.
A. Any legal action to challenge a decision or denial of the councilor any other government
body performing a function under this ordinance, must be filed in a court of competent
jurisdiction within 30 days immediately following the action challenged.
B. Any legal action to challenge any provision of this ordinance or to challenge the intent of
this ordinance, must be vigorously defended by the city. (Ord. 2309 Initiative 1988).
19.80.130 Severability.
If any provision of this ordinance, or the application thereof, to any person or circumstance is
held invalid by a court of competent jurisdiction, the validity of the remainder of this ordinance
and the application of such provisions to other persons or circumstances shall not be affected
thereby. (Ord. 2309 Initiative 1988).
19.80.140 Codification.
This ordinance shall be codified. (Ord. 2309 Initiative 1989).
19.80.150 Effective date.
This ordinance shall be considered as adopted upon the date that the vote is certified by the
city clerk, and shall go into effect immediately thereafter. (Ord 2309 Initiative 1988).
19.80.160 Publication.
The city clerk of the city of Chula Vista is hereby directed to publish this ordinance within
fifteen days after its passage in the Chula Vista Star News, a newspaper of general circulation in
the city ofChula Vista (Ord. 2309 Initiative 1988).
H:\PLANNING\General_Plan\GPU_Implementation\CVMC 19.07 & 19.80 Amendments\CVMC 19.80 text amend final CC.doc
Exhibit A to City Council Ordinance
Proposed Amendments to CYMC 19.80 (April 2007)
4c-/O
Page 5 of5
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ellY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
Chula Vista Redevelopment Commission
Elizabeth Wagner Hull, Assistant City Attorneyft~
01 :-f'"
Ann Moore, City Attorney ,
FROM:
VIA:
DATE:
April 5, 2007
RE:
Update regarding CVRC Reorganization
At the March 22, 2006 meeting the CVRC adopted a number of recommendations to
restructure the CVRC Board of Directors while retaining the Redevelopment Advisory
Committee. Included among these was a recommendation to remove the Council
members from the Board of Directors and to have the Council appoint five residents with
expertise in specific areas of development and business. To accomplish this change the
following documents will need to be modified:
1. Articles ofIncorporation
The Articles of Incorporation set out the membership requirements,
including the 5 City Directors. The amendment to this document will
require the consent of the majority of the City Directors. Once this
amendment has been acted upon by the City the revised Articles of
Incorporation will need to be filed with the State.
2. Bylaws
Section 2(a) of the Bylaws addresses the membership issue. In addition
to identifying the current make up of the Board of Directors, it indicates
that the membership may be increased by the CVRe subject to the
approval of the City Directors.
3. Chapter 2.55 of the Municipal Code
This Chapter sets out the regulations governing the CVRC. The
membership requirements are in Section 2.55.090. The ordinance
amendment will require a first and second reading and becomes effective
30 days after the second reading.
-5-1
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037. FAX (619) 409-5823
@PoSl-ConouIMi"RecyoledP.pef
As requested, The City Attorney's office is preparing draft documents for your review
and consideration at the April 26th CVRC meeting.
In the interim the CVRC may provide direction to Redevelopment staff to prepare the
necessary documents to begin recruiting applicants to fill the anticipated vacancies that
will be created by this modification to the membership. Attached for your information is
a copy of the brochure utilized during the initial recruitment for the Independent
Directors and the staff report that set out the process for selecting the Independent
Directors. In 2005 the Council used a screening procedure whereby each Council
member reviewed all of the applications received and forwarded their recommended
applicants to the full Council for interview, selection and appointment.
'-.5 -~
CITY OF CHULA VISTA
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The Council is seeking the following qualified professionals
to serve in these positions.
Four-Year initial Term
Architect/Envirolllllental Planner
.. Real Estate Developer/Business Leader
Two-Year Initial Term
Financial Planner/Educator/Collllllunity Leader
Civil Engineer/Urban Designer/Scientist
I\PPL!(~P~T!
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Applicants must submit a completed application form,
resume, and statement of interest to the Community
Development Department at 276 Fourth Avenue,
Cllula Vista, CA 91910. Application forms and addi-
tional information are available at the Community
Development Department (619-691-5047) or online
at www.chulavistaca.govjcvrc_board.htm.
As a board member, you will review and act upon
planning and redevelopment activitieCi and provide
strategic policy advice to City leaders. While it is
desirable for members to live or work in Chula Vista,
residency Is not a requirement. Board members will
receive a $750 monthly stipend.
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Applicant~ Ill\lst SIJlilllit a COlllpleted applicic1tJon fnnn,
resumo, and sti;ltemcnt of interest to tile COl1llllunity
Development Department at 276 Fourth Avenue,
Cllula Vista, CA 91910. Application tOlms and addi-
tional infonTlation are available at UlC Community
Development Department (619-691-5047) or online
at WWW.cllulavistaca,govjevrc_boclrd,htrn.
The Council is seel\ing tile following qualified pmfes-
siollals to serve in tllese positions.
Four-Y-ear Initial Term
.. ^rchitectjEnvirl?nmenlal Planner
.. Rec-11 Estate Developer/Business Lei:lclcl
Two-Year Illillal Term
.. Financial PJallncr/Edllcalor/CoIllIllUllity I.C<,:ldcr
.. CiVil EngincujUrban DesigncrjSclclltist
As a I)OHt'd 111clnllel', YOll will n,"vie.v dlld act lIpon
planning anel redevelopment actiVIties ollcl rrovicle
strategic pOlicy advice to City Icadets, Wllile it is
dcsirab,le for melllbers to live or worl~ in CllUlel VistJ.
resi,dcncy is not <:1 requirement. 80iJl'(1 rnCl11lJGIS .vill
rGceive a $750 mOlltllly stipend,
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As a board member, you will review
and act upon planning and redevelop-
ment activities and provide strategic
policy advice to City leaders. While it is
desirable for members to live or work
in Chuia Vista, residency is not a
requirement. Board members will
receive a $750 monthly stipend.
HELP SHAPE CHULA VISTA'S FUTURE
City leaders are making important decisions that will shape Chula Vista's future. Your participa-
tion is vital to this public process. Consider serving this progressive and innovative community
by applying for a position on the Chula Vista Redevelopment Corporation Board of Directors.
Applications for Independent Directors wili be accepted through August 22, 2005. The Chula
Vista Redevelopment Corporation is a newly formed nonprofit, public benefit corporation con-
. sisting of nine board members. All five City Council members sit on the board and appoint the
remaining four members. The Council is seeking the foliowing qualified professionals to serve
in these positions.
Four-Year Initial Term
. Architect/Environmental Planner
C, . Real Estate Developer/Business Leader
l Two-Year Initial Term
-J . Financial Planner/Educator/
Community Leader
. Civil Engineer/
Urban Designer/Scientist
APPLICATION DEADLINE
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Applicants must submit a completed
application form, resume, and statement of interest to the Community Development
Department at 276 Fourth Avenue, Chula Vista, CA 91910. Application forms and
additional information are availabie at the Community Development Department
(619-691-5047) or online at www.chulavistaca.gov/cvrc_board.htm.
..
..
REDEVELOPMENT
CORPORATION
CHULA VISTA
APPLICATION
..
..
REDEVELOPMENT
CORPORATION
CH UL.A VISTA
Name
Home address
City
Zip
Home phone ----.!
Business phone ----.!
Do you live within the city limits of Chula Vista? Dyes 0 no
If yes, for how long?
Present employer
Position
Which CVRC Independent Director position are you applying for?
o Architect/Environmental Planner 0 Real Estate Developer/Business Leader
o Financial Planner/Educator/Community Leader 0 Civil Engineer/Urban Designer/Scientist
Are you currently serving on a Chula Vista Board, Committee or Commission? 0 yes 0 no
If so, which one(s)?
What experience or special knowledge can you bring to this position?
What would you hope to accomplish by your participation?
NOTE: Applications will be received in the Community Development Dept. through August 22, 2005 by 5 p.m.
Signature
Date
'-.b -){
JOINT REDEVELOPMENT AGENCY/CITY COUNCIL
AGENDA STATEMENT
ITEM NO.:
MEETING DATE:
4
06/28/05
ITEM TITLE: RESOLUTION APPROVING INITIAL SELECTION PROCESS FOR THE
APPOINTMENT OF INDEPENDENT DIRECTORS TO THE CHULA
VISTA REDEVELOPMENT CORPORATION (CVRC)
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTORr ~
v
REVIEWID BY: EXECUTIVE DIRECTOR OF THE ~EL( PMENT AGENCY/ CITY
MANAGE~ ,
4/5THS YOTE: YES D NO 0
BACKGROUND
On May 24, 2005, the City Council and Redevelopment Agency jointly approved and adopted
legal ond operating documents for the Chula Vista Redevelopment Corporation ("CYRC"), 0
501c3 nonprofit, public benefit corporation. These documents included Bylaws for the CYRC that
established the organizational structure and functions of the CVRC, including the composition of
the Board of Directors. In addition to approving these Bylaws, the Council directed staff to
develop and make recommendations on 0 selection process for the appointment of the
Independent Directors of the CVRC Board. The following report provides an overview of the
CVRC composition and presents a recommended selection process.
RECOMMENDATIONS
Direct Staff to proceed with preparation of application materials for a 45.day noticing period.
Adopt joint Resolution No. _ to establish an initial selection process for the appointment of
Independent Directors to the CVRC.
DISCUSSION
CYRC Board of Directors
On May 24, 2005, the Council adopted CYRC Bylaws that established a nine-member Board of
Directors for the CYRC, five of whom shall be the Mayor and City Council members, also referred
to as "City-Directars." The four remaining ~Independent Directors" will be appointed by the City
Council. Section 3 of Article YII of the Bylaws describes the qualification requirements for the four
Independent Directors according to the following fields of expertise and experience.
'-.S - 9
4-1
PAGE 2, ITEM NO.:
MEETING DATE:
4
06/28/05
. Architect/Environmental Planner
. Real Estate Developer/Business leader
. Financial Planner/Educator/Community leader
. Civil Engineer/Urban Designer/Scientist
The Council emphasized the importance of drawing expertise and experience from the broadest
pool of available resources, including professionals within the City and throughout the region.
The Council also expressed that, while it i~ desirable for the Independent Directors to live or work
in Chula Vista, local residency or place of business is not a mandatory prerequisite for candidacy.
Initial Selection Process - Indeoendent Directors
Staff is proposing that the procedures for the appointment of Independent Directors be generally
consistent with those of other Council-oppointed boards, commissions, and committees, including
procedures for advertisement, application, interview, and selection. Accordingly, applicants for
Independent Director positions must submit an application form (Attachment A), a resume, and a
statement of interest to the Agency within 45 days of a notice of availability. Because there are
four different director seats and the potential for numerous candidates, each with a specific
required competency, it is recommended that some sort of screening for qualifications be
included in the selection process. Staff is offering two ways the selection process can proceed.
Alternative 1 :
1) The screening committee consists of two council members who will forward qualified
candidates in each category to the full Council for interviews, selection, and appointment.
- or -
Alternative 2:
2) Each council member screens all applications and forwards their recommended
applicants to the full Council for interviews, selection, and appointment.
Section 3 of Article VII of the Bylaws establishes staggered, four-year terms of office for the
Independent Directors. The initial terms will be as follows:
. Four-Year Initial Term
o Architect/Environmental Planner
o Real Estate Developer/Business leader
. Two-Year Initial Term
o Financial Planner/Educator/Community leader
o Civil Engineer/Urban Designer/Scientist
The Bylaws further provide that the Council may reappoint Independent Directors ot the end of
their terms. Consistent with other Council-appointed commissions and committees, term
restrictions for the Independent Directors will limit them to serving two consecutive terms.
~-,o
4-2
PAGE 3, ITEM NO.:
MEETING DATE:
-L
06/28/05
FISCAL IMPACT
The ongoing cost of operations of the eYRe is an obligation of the Redevelopment Agency, which
will be offset by revenues generated in the redevelopment project areas.
AnACHMENTS
Attachment A - Application for Chula Vist~Redevelopment Corporation
J:\COMMDE'ASTAFF,REP\2005\06-28-05\CYRC Selection Process 06280S,doc
'-5...11
4-3
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ATTACHMENT A
01Y OF
CHUlA VISTA
APPLICATION FOR
CHULA VISTA
REDEVELOPMENT CORPORATION
Name
Home address
Zip
Residence phone --1
Business phone --1
Do you live within the City limits ofChula Vjsta? 0 yes 0 no
How long?
Present employer
Position
Which CVRC Independent Director position are you applying for?
o ArchitectlEnvironmental Planner
o Financial Planner/Educator/Community Leader
o Real Estate DeveloperlBusiness Leader
o Civil EngineerlUrban Designer/Scientist
Are you currently serving on a Chula Vista Board, Committee or Commission? 0 yes 0 no
Which one(s)?
What experience or special knowledge can you bring to this position?
What would you hope to accomplish by your participation?
Note: Applications will be received in the Office of the City Clerk through August 15,2005 at 5:00 p.m.
\.E-I~
Signature
Date
-. -.