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HomeMy WebLinkAbout2007/04/26 CVRC Agenda Packet . .. CCJi~POR,'\T!()0J CHUU\ VISTA REGULAR MEETING OF THE CHULA VISTA REDEVELOPMENT CORPORATION (CVRC) AND REDEVELOPMENT AGENCY AND ADJOURNED REGULAR MEETING OF THE CITY COUNCIL Thursday, April 26, 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 COUNCIUREDEVELOPMENT AGENCY ROLL CALL Council/Agency Members Castaneda, McCann, Ramirez, Rindone, and Mayor/Chair Cox PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE 1. APPROVAL OF MINUTES Staff recommendation: a. That the Chula Vista Redevelopment Corporation approve the minutes of March 22, 2007. PUBLIC HEARINGS {he following items(s} 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 BY THE CHULA VISTA REDEVELOPMENT CORPORATION, CITY OF CHULA VISTA REDEVELOPMENT AGENCY AND CITY OF CHULA VISTA CITY COUNCIL OF THE URBAN CORE SPECIFIC PLAN (PCM NO. 07-01) AND RELATED REZONING ACTIONS The proposed UCSP consists of a neighborhood level planning document that provides new zoning regulations, development standards and design guidelines to implement land use designations, policies and objectives of the 2005 General Plan for the area described above, and associated amendments to the Town Centre I Redevelopment Plan and implementing documents, and certification of a Final Environmental Impact Report. Staff Recommendation: That the CVRC adopt the following resolutions: 2A. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 06-01) FOR THE URBAN CORE SPECIFIC PLAN AND RELATED ACTIONS; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND RECOMMENDING THAT THE CITY COUNCIL CERTIFY EIR 06-01; AND RECOMMENDING THAT THE CITY COUNCIL ADOPT THE URBAN CORE SPECIFIC PLAN (PCM 07-01) 2B. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVE AND ADOPT THE 2007 AMENDMENT OF THE TOWN CENTRE I REDEVELOPMENT PLAN 2C. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA RESCIND CERTAIN IMPLEMENTING DOCUMENTS AND REQUIREMENTS OF THE TOWN CENTRE I REDEVELOPMENT PLAN Staff Recommendation: That the Redevelopment Agency adopt the following resolution: Page 2 of 5 CYRC/CC - Agenda - 04/26/07 2D. RESOLUTION OF THE REDEVElOPMENT AGENCY OF THE CITY OF CHUlA VISTA RESCINDING IMPLEMENTING DOCUMENTS OF THE TOWN CENTRE I REDEVELOPMENT PLAN Staff Recommendation: That the City Council adopt the following resolution: 2E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUlA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 06-01) FOR THE URBAN CORE SPECIFIC PLAN AND RElATED ACTIONS; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING ND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Staff Recommendation: That the City Council place on first reading the following ordinances: 2F. ORDINANCE OF THE CITY COUNCil OF THE CITY OF CHUlA VISTA ADOPTING THE URBAN CORE SPECIFIC PLAN (PCM-07-01) AND RElATED REZONINGS TO IMPLEMENT THE 2005 GENERAL PLAN 2G. ORDINANCE OF THE CITY OF CHUlA VISTA AMENDING THE TOWN CENTRE I REDEVElOPMENT PLAN THROUGH THE ADOPTION OF THE 2007 AMENDMENT TO THE REDEVELOPMENT PLAN PUBLIC COMMENTS Persons speaking during Public Comments may address the CVRC and/or RDA on any subiect matter within the CVRC and/or RDA's iurisdiction that is not listed as an item on the agenda. State law generally prohibits the CVRC and/or RDA from taking action on any issue not included on the agenda, but, if appropriate, the CVRC and/or RDA may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS 3. CONSIDERATION OF AMENDMENTS TO AGREEMENTS FOR FOUR SITES WITHIN REDEVElOPMENT PROJECT AREA EXClUSIVE NEGOTIATING THE TOWN CENTRE The CVRC has entered into four Exclusive Negotiating Agreements that are due to expire on or around June 5, 2007. The ENAs are being amended to add an additional 300 days to the Negotiating Period to explore the development feasibility of the ENA properties in conjunction with the proposed adoption of the UCSP. Page 3 of 5 CVRClCC - Agenda - 04/26/07 Staff Recommendation: That the CVRC adopt the following resolutions: 3A. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING A SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT WITH AVION DEVELOPMENT LLC FOR DEVELOPMENT OF THE THIRD AVENUE AND E STREET SOUTHEAST SITE. 3B. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING A FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT WITH DOUGLAS WILSON COMPANIES FOR DEVELOPMENT OF THE CHURCH STREET AND DAVIDSON STREET WEST SITES. 3C. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING A FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT WITH PUBLIC, A CALIFORNIA GENERAL PARTNERSHIP, FOR DEVELOPMENT OF THE CHURCH AND MADRONA NORTHWEST SITE. 3D. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING A SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT WITH INTERGULF-MAR (PARK) LLC FOR DEVELOPMENT OF THE THIRD AVENUE AND G STREET NORTHWEST SITE. 4. CHIEF EXECUTIVE OFFICER'S REPORTS a. Revised CVRC Board Application 5. CHAIR'S REPORTS a. Consideration of formation of a subcommittee consisting of two independent directors to participate with two members from the Sweetwater Union High School District to review the district's Asset Utilization Project proposal and advise city staff 6. DIRECTORS' COMMENTS Page 4 of s CVRC/CC - Agenda - 04/26/07 ADJOURNMENT The Chula Vista Redevelopment Corporation/Redevelopment Agency will adjourn to its regularly scheduled meeting on May 10, 2007, at 6:00 p.m. The Chula Vista City Council will adjourn to its regularly scheduled meeting on May 1, 2007 at 4:00 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 eYRe 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 5 of 5 CVRC/CC - Agenda - 04/26/07 .,-'. ai .. c [, , CORPORATION (HULA VISTA CVRC Board Staff Report - Page 1 Item No. 2 DATE: April 26, 2007 FROM: CVRC Board of Directors Redevelopment Agency Board of Directors Mayor and Council members ~ Jim Thomson, Interim City Manager ;/ Ann Hix, Acting Community Development Director (i)f..r All /' Mary Ladiana, Planning Managerl1tY 1/ TO: VIA: SUBJECT: Public Hearing to Consider Adoption of the Urban Core Specific Plan and related actions Item Title: Public Hearing: Consideration by the Chula Vista Redevelopment Corporation, City of Chula Vista Redevelopment Agency and City of Chula Vista City Council of the Urban Core Specific Plan (PCM No, 07-01) and related rezoning actions Resolution: Of the Chula Vista Redevelopment Corporation recommending that the City Council Adopt a Resolution Certifying Final Environmental Impact Report for the Urban Core Specific Plan (EIR # 06-01, SCH #2005081121), and Adopting the Urban Core Specific Plan (PCM No, 07-01) and related rezoning actions Resolution: Of the Chula Vista Redevelopment Corporation recommending that the City of Chula Vista City Council Adopt the 2007 Amendment of the Town Centre I Redevelopment Plan Resolution: Of the Chula Vista Redevelopment Corporation recommending that the City of Chula Vista Redevelopment Agency Rescind Certain Implementing Documents and Requirements of the Town Centre I Redevelopment Plan cJ.-/ Page 2 of 32 Item No.2 Meeting Date: 04/26/07 Resolution: Of the Chula Vista Redevelopment Agency Adopting a Resolution Rescinding certain Implementing Documents of the Town Centre I Redevelopment Plan. Resolution: Of the Chula Vista City Council Adopting a Resolution Certifying Final Environmental Impact Report for the Urban Core Specific Plan (EIR # 06-01, SCH #2005081121) f--- Ordinance: Of the Chula Vista City Council Introducing an Ordinance Approving the Urban Core Specific Plan Ordinance: Of the Chula Vista City Council Introducing an Ordinance Adopting the 2007 Amendment to the Town Centre I Redevelopment Plan INTRODUCTION With the adoption of the General Plan on December 13, 2005, the Urban Core Specific Plan (UCSP) is the next critical planning document necessary to facilitate revitalization of western Chula Vista, in particular the City's urban core. The UCSP is the first in a series of significant zoning changes proposed to implement the vision established by the 2005 General Plan. The new land use designations provided under the 2005 General Plan require new zoning regulations, in particular mixed use and urban core residential zoning districts, to ensure the systematic implementation of the 2005 General Plan. This requirement to have zoning consistent with the City's General Plan is established in Chula Vista Municipal Code (CVMC) Section 19.06.030. The UCSP also allows comprehensive planning of issues beyond parcel-specific zoning, including planning for improvements and amenities within the public realm throughout the larger urban core, as well as linkages to the Bayfront and thriving communities in the eastern portion of Chula Vista. The current Public Hearing Draft UCSP represents the culmination of a significant planning process that has occurred over the last two-and-a-half years. The current UCSP and EIR (Attachments 1 and 2), or various components thereof, have undergone extensive public review and discussion, and have been reviewed and recommended for approval by the Resource Conservation Commission, Design Review Committee, and the Planning Commission over the last six months, as described in this report. c1-~ Page 3 of 32 Item NO.2 Meeting Date: 04/26/07 State law (Government Code 65854-65861) establishes the process for adopting zone changes of property and requires that the Planning Commission hold a public hearing on proposed rezoning actions and provide a written recommendation to the City Council. Additionally, pursuant to CVMC 2.55.050, the Chula Vista Redevelopment Corporation performs the same legislative functions as the Planning Commission for areas within the City's redevelopment areas, and therefore, a public hearing of the CVRC on the proposed rezoning actions and a written recommendation to the City Council is required. This report is intended to provide the relevant information on the necessary actions for the decision making bodies of the Chula Vista Redevelopment Corporation and City Council. A separate report covering the actions of the City of Chula Vista Redevelopment Agency is contained in Attachment 3. BACKGROUND In December 2005, after a multi-year planning process, the Chula Vista City Council adopted a new General Plan that represents the vision for the City through the year 2030. A significant component of the 2005 General Plan described a new vision for portions of the City referred to as the "urban core" (see map, Attachment 4). The long- range vision as described in the 2005 General Plan anticipates that: 'The urban core has developed into a vibrant area, with housing; shops; restaurants; entertainment; and activities that attract from eastern Chula Vista and city-wide. Higher density housing, shopping, and job centers are located near the major transit stations, including E Street and Interstate 5; H Street and Interstate 5; and near Third Avenue and H Street. These key activity nodes give people transportation choices, encourage the use of mass transit, and help to reduce vehicular traffic. They are accentuated by landmark building design, and for the two Transit Focus Areas at E Street/Interstate 5 and H Street/Interstate 5, strategic use of some taller (high-rise) structures that draw attention, and . provide unique identities for these important gateway entrances to the urban core and the bayfront. A network of linked urban parks and plazas creates pleasant pedestrian routes and provides areas for community activities. Increased population (residents and workers) in the Urban Core Subarea has created opportunities for more shops and a variety of restaurants. Entertainment and cultural arts are housed in new and renovated buildings, offering both day and evening activities. The streets are bustling with shoppers and people enjoying outdoor dining or heading to entertainment venues. ~-6 Page 4 of 32 Item No.2 Meeting Date: 04/26/07 A grade-separated trolley line at E and H Streets has improved the flow of east- west traffic, while a local shuttle provides frequent service between Urban Core Subarea activity centers. The Bus Rapid Transit (BRT) line allows residents in the East Planning Area convenient access to the Urban Core Subarea. F Street is a pedestrian-oriented promenade that links Third Avenue; the Civic Center; Broadway; the E Street transit center; and the Bayfront Planning Area with themed landscaping and public art. The freeway crossings of Interstate 5 have been widened to accommodate additional pedestrian use, and entryways into the Urban Core Subarea are enhanced and inviting. Chula Vista's Urban Core Subarea has matured into an urban, pedestrian-oriented, active area that continues to be the primary economic, governmental, and social focal point of the south San Diego County region." As a companion document to the 2005 General Plan, the City began work to develop implementing regulations, standards and design guidelines in the form of a specific plan, consistent with the vision described above. The concurrent drafting of the UCSP allowed for seamless integration of the new objectives and policies established for the urban core with the intended goal to have the planning tools (e.g. new zoning) in place shortly after adoption of the General Plan. To that end, the consulting firm of RRM Design Group was retained in January 2004 to assist staff in the preparation of the UCSP. In August 2004, the City Council appointed an 18 member Advisory Committee to work with the City's staff team and the community in developing some of the major components of the UCSP. A two day charette kicked off the Committee's work and was followed shortly thereafter with the first community workshop. Based on input from those meetings, draft "Vision Plans" were created to set the framework for developing the plan. The draft Vision Plans were presented to the UCSP Advisory Committee, followed by presentation to a joint City Council/Planning Commission workshop on November 17, 2004, and a second community workshop. A positive reaction to the Vision Plans was received. During the first half of 2005, well-attended monthly meetings were held with the Advisory Committee to work through significant planning issues such as new permitted land uses, development standards, design guidelines, and gateway design elements. A preliminary draft plan incorporating Advisory Committee and other input on key components was then prepared. Following the adoption of the General Plan in December 2005, a preliminary "Public Review Draft" UCSP was presented to the Advisory Committee in March 2006. In addition, a third community workshop, jointly sponsored by the Northwest Civic ~-1 Page 5 of 32 Item No.2 Meeting Date: 04/26/07 Association and Crossroads II, was held to provide the community with an overview of the UCSP and garner additional preliminary input on the draft UCSP. Feedback from both of these events was considered and incorporated, as determined appropriate by staff and the consultant team, into a "Public Review Draft" released with the Draft Environmental Impact Report (DEIR) in May 2006. During the formal 45-day Public Comment and Review period for the DEIR, information sessions/workshops were held with the Design Review Committee, Planning Commission, and Chula Vista Redevelopment Corporation (CVRC). Also, in addition to the standard process of submitting written comments during the 45-day public review period, the public was afforded an opportunity to provide oral comments on the DEIR at a public hearing before the CVRC on July 13, 2006. A total of 13 comment letters were also submitted on the DEIR. Staff has analyzed the public input received at public hearings and has recommended certain revisions to the UCSP. These revisions are reflected in the "Public Hearing Draft" UCSP (previously provided to the CVRC under separate cover), as well as Errata sheets showing the proposed revisions to both the Public Hearing Draft UCSP and Final EIR (FEIR). In addition, comment letters on the DEIR and written responses are provided in the FEIR. Environmental Determination The City's Environmental Review Coordinator reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and determined that an EIR was required. An FEIR has been prepared for the UCSP and related actions, and was made available at least 10 days prior to the City Council hearing date (pursuant to PRC Section 21092.5. and Section 15088(b) of the CEQA guidelines). The Final EIR identifies that the proposed project would result in significant, unmitigated impacts related to air quality, cultural resources, energy, and transportation. Impacts to geology, hazards, hydrology, land use, landform alteration/aesthetics, noise, paleontology, population and housing, public services, and public utilities are less than significant or mitigated to less than significant. More detailed information on the environmental analysis of the UCSP is included later in this report under Sections Band D, and in Attachment 2, FEIR Errata. ..- c2 -0 Page 6 of 32 Item No.2 Meeting Date: 04/26/07 RECOMMENDATION Staff recommends that: 1. The CVRC recommend that the City Council Adopt a Resolution Certifying the Final Environmental Impact Report for the Urban Core Specific Plan (EIR # 06-01, SCH #2005081121), and Adopting the Urban Core Specific Plan (PCM No. 07-01) and related rezoning actions, including revisions recommended in this report; and 2. The CVRC recommend that the City Council Adopt the 2007 Amendment of the Town Centre I Redevelopment Plan; and 3. The CVRC recommend that the Redevelopment Agency Adopt a Resolution Rescinding certain Implementing Documents and Requirements of the Town Centre I Redevelopment Plan; and 4. The Redevelopment Agency Adopt a Resolution Rescinding Implementing Documents of the Town Centre I Redevelopment Plan; and 5. The City Council Adopt a Resolution Certifying Final Environmental Impact Report for the Urban Core Specific Plan (EIR # 06-01, SCH #2005081121); and 6. The City Council Introduce an Ordinance Approving the Urban Core Specific Plan, including revisions recommended in this report; and Amending the Zoning Map; and 7. The City Council Introduce an Ordinance Adopting the 2007 Amendment to the Town Centre I Redevelopment Plan. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council/Agency Board and CVRC Members and has found that Councilmember Steve Castaneda and Councilmember Rindone have property holdings within 500 feet of the boundaries of the areas that are the subject of this action. Although this could create a conflict for the UCSP, pursuant to California Code of Regulations section 18704.2, no conflict exists. cJ.- ~ Page 7 of 32 Item No.2 Meeting Date: 04/26/07 BOARDS/COMMISSIONS RECOMMENDATION Resource Conservation Commission - The Resource Conservation Commission (RCC) reviewed the Draft EIR for the Urban Core Specific Plan (EIR # 06-01, SCH #2005081121) on July 10, 2006. After reviewing and discussing the document, the RCC voted 5-0-0-1 (Commissioner Stillman abstained) that the DEIR was adequate as presented. Design Review Committee - The Design Review Committee (DRC) reviewed the proposed Design Guidelines included in the Public Hearing Draft Urban Core Specific Plan, specifically Chapter VII. Design Guidelines and Chapter VIII. Public Realm Design Guidelines on September 25, 2006. The DRC of the City Of Chula Vista voted 3-0-2-0 (Members Hogan and Justus absent) to Approve the Resolution recommending that the City Council of the City Of Chula Vista Adopt the Design Guidelines contained in the Public Hearing Draft UCSP (PCM No.07-01). Planning Commission - The Planning Commission reviewed the Public Hearing Draft UCSP (PCM No.07 -01) on October 11, 2006 and again on March 28, 2007. As required by Government Code Section 65854, after reviewing and considering the Public Hearing Draft UCSP (PCM No.07-01), the Planning Commission of the City Of Chula Vista voted 5-0-2 (with Commissioners Moctezuma and Bensoussan abstaining) to Approve a Resolution recommending City Council Adopt the UCSP (PCM No.07-01) and related rezoning actions, with two modifications to the draft PC Resolution PCM 07- 01. In general, the changes recommended by the Planning Commission addressed residential parking standards (preference for basing standard on the number of bedrooms rather than a uniform standard); and adding two small parcels to Subdistrict V-3, as requested by a property owner. These recommendations are discussed later in this report in Sections D and G. DISCUSSION The following section includes: A) a summary of the statutory requirements of specific plans and location in the Draft UCSP; B) a brief overview of the UCSP and EIR, including a summary of discretionary implementing actions; C) a consistency analysis of the UCSP with the 2005 General Plan; and D - G) summary of key policy issues raised during the public review process with associated staff recommendations. A. STATUTORY REQUIREMENTS OF SPECIFIC PLANS The UCSP has been prepared pursuant to the authority granted in CVMC Chapter 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter cJ.-1 Page 8 of 32 Item NO.2 Meeting Date: 04/26/07 3, Article 8, Sections 65450 through 65457, and contains all the mandatory elements identified in Government Code Section 65451, as follows: ChulaVistaMunicipal Code Government Code Where SElfticln.19.07.011 (as Section 65451 Found amended. byCity.CounCiFon ~equirements in UCSP Apl'il12,20071 The specific plan shall include: The specific plan shall include a Chapter II statement of the relationship of a statement of the relationship of the the specific plan to the general specific plan to the general plan. plan. The type, distribution, location, amount, The distribution, location, and Chapters VI,VIII, intensity of all land uses, within the extent of the uses of land, and Appendix E area covered by the plan. including open space, within the area covered by the plan. The approximate total population Chapters II, IX, anticipated with the Plan's area. and Appendix E A depiction of any and all subareas or Chapters II and other districts within which the Plan's VI provisions will be applied. Standards, regulations, criteria and Standards and criteria by which Chapters VI, VII guidelines by which all development development will proceed, and and VIII shall proceed within the Plan and any standards for the conservation, of its subareas or districts. development, and utilization of natural resources, where applicable. The proposed distribution, location, The proposed distribution, Chapters V, VIII, and extent and intensity of major location, and extent and intensity IX, and components of public and private of major components of public Appendix E transportation, sewage, water, and private transportation, drainage, solid waste disposal, sewage, water, drainage, solid energy, and other essential facilities waste disposal, energy, and proposed to be located within the other essential facilities area covered by the plan and needed proposed to be located within the to support the land uses described in area covered by the plan and the plan. needed to support the land uses described in the plan. d-? Page 9 of 32 Item NO.2 Meeting Date: 04/26/07 A program indicating how and when the facilities and services to support the developing land uses will be installed or financed, and including the following: A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry the above. Chapters IX, X, Appendix D, and Appendix E a A list of facilities and services b. An inventory of present and future requirements for each facility and service based upon the City's Growth Management Thresholds Standards c. A phasing schedule that addresses the timing for installation or provisions for required facilities and services. d. A financing program identifying the methods for funding those facilities and services consistent with the phasing schedule, and insures that the funds are spent on said facilities pursuant to the phasing schedule. Provisions and procedures for the comprehensive implementation and administration of the Plan Chapters X, XI, and FEIR In addition, CVMC Chapter 19.06 sets forth the statutory authority for the adoption of implementing ordinances, including specific plans, to implement the general plan. The CVMC states that: "The systematic implementation of the general plan or any general plan element as provided in Section 65303 of the Government Code of the state may be undertaken by the adoption of specific plans, which shall include all detailed regulations, conditions, programs and proposed legislation which may be necessary or convenient for such implementation...." ~-r Page 10 of 32 Item NO.2 Meeting Date: 04/26/07 CVMC Chapter 19.07 incorporates by reference the section of the California Government Code relating to the administration of specific plans and further states: "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." The UCSP has been prepared as an implementing document for future land uses, public improvements, and programs as set forth in the 2005 General Plan. The new zoning regulations proposed in the UCSP would replace existing Municipal Code zoning classifications for the UCSP Subdistricts Area and introduce new zoning classifications for mixed-use retail/office, mixed-use residential, and Urban Core (high density) residential as identified in the 2005 General Plan. The UCSP would be adopted by Ordinance of the City of Chula Vista City Council. B. OVERVIEW OF THE URBAN CORE SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT Urban Core Specific Plan The Specific Plan area is an approximately 1 ,700-acre area generally located east of 1- 5, west of Del Mar Avenue, north of L Street, and south of C Street (Attachment 4). While there are approximately 1,700 acres within the UCSP boundary, the new zoning regulations and design guidelines would apply only to the approximately 690 acres referred to as the "Subdistricts Area" which reflect the focused areas of change described in the 2005 General Plan. The new regulations would accommodate new growth and revitalization of the Subdistricts Area and would be applicable to new development or redevelopment projects. Outside of the Subdistricts Area, existing zoning would not be changed. One of the primary goals of the UCSP is to create a comprehensive and understandable regulatory framework that attracts investment and provides a catalyst for revitalization. This revitalization, in turn, results in pedestrian-friendly environments, gathering places and public amenities through community development. To achieve this goal, the UCSP is based on many of the common elements and concepts of smart growth, such as providing a mix of compatible land uses, utilizing compact building design, providing a range of housing opportunities and choices, creating walkable neighborhoods, and increasing transportation choices. cf.-16 Page 11 of 32 Item NO.2 Meeting Date: 04/26/07 The UCSP includes the following elements: . Permitted land uses, development regulations, and standards, all established through new zoning (Chapter VI) . Mobility recommendations that address pedestrian, bicycle, transit, automobile and parking opportunities (Chapter V); . Development Design Guidelines provided for development within the three UCSP Districts, as well as special guidelines for hotels, mixed-use projects, multi-family . residential projects, and sustainability principles (Chapter VII); . Public Realm Design Guidelines that focus on ways to create more attractive and pedestrian-friendly public environments and gathering places (Chapter VIII); and, . Assessment of Infrastructure and Public Facilities needs and a Plan Implementation Program that identifies the implementation programs that will result in the desired changes emphasized in the UCSP (Chapters IX and X). The 690-acre UCSP Subdistricts Area encompasses three planning districts: the Village, the Urban Core, and the Corridors. These three districts are refined into 26 smaller planning subdistricts, each with proposed land use mixes, development regulations and standards. The new zoning regulations would replace existing Municipal Code zoning classifications for the UCSP Subdistricts Area and would introduce new zoning classifications for mixed-use retail/office and residential, and urban core residential (high-density I) as anticipated by the 2005 General Plan. In place of traditional zoning classifications (e.g. R-3 Multi-Family; CC Central Commercial, etc), subdistricts are identified with a numeric designator (e.g. V-2) as well as a subdistricts name (e.g. Village). The designators correspond to the individual zoning regulations and standards crafted for each subdistrict. Consistent with the 2005 General Plan, projected maximum potential buildout in the UCSP by the year 2030 is described below. Land Use Multi-family residential Commercial retail Commercial office Commercial-visitor serving Existing 3,700 dus 3,000,000 sf 2,400,000 sf Net Increase 7,100 dus 1,000,000 sf 1,300,000 sf 1,300,000 sf Total 10,800 dus 4,000,000 sf 3,700,000 sf 1,300,000 sf . The above buildout projections are estimates. Due to a number of factors unique to urban revitalization, the exact extent, timing and sequence of infill development that may occur over the 25-year planning horizon is difficult to ascertain. These factors may include, but are not limited to: 1) new development which will likely not redevelop cJ--// Page 12 of 32 Item NO.2 Meeting Date: 04/26/07 again over the next 25 years; 2) increased development costs associated with acquisition, demolition, and cleanup of urbanized land; 3) longevity of other existing commercial uses and existing housing stock; and 4) project specific economics that result in less than maximum buildout on a parcel. The following is a summary of the discretionary actions associated with the Draft UCSP: ACTION PURPOSE Urban Core Specific Plan Adoption To implement the objectives and policies of the recently updated Chula Vista General Plan Urban Core Specific Plan Final EIR To comply with State-required environmental review of Certification the proposed Urban Core Specific Plan Town Centre Amendment Redevelopment Plan To delete existing land use regulations and instead defer to the land use development and design provisions of the Urban Core Specific Plan Town Centre I Land Use Policy Repeal Regulation of permitted land uses within the Chula Vista urban core will instead be pursuant to the Urban Core Specific Plan Land Use Matrix Town Centre I Design Manual Repeal Guidelines for design of development within the Chula Vista urban core will instead be pursuant to the Development Design Guidelines of the Urban Core Specific Plan To eliminate the requirement for an Owner Participation Agreement for all Major Remodeling or New Construction Projects, defined as a minimum expenditure of $10,000, and instead defer to the regulations and procedural guidelines of the Urban Core Specific Plan, including the definition of major ro'ects Town Centre I Requirement for a Owner Participation Agreement Repeal The actions related to the Town Centre I Redevelopment Project Area are tied to the adoption of the UCSP because of existing language and requirements within the Redevelopment Plan that relate to development and design standards and procedural requirements. Adoption of the UCSP will result in a conflict with the existing language and guidelines set forth within Town Center I Redevelopment Plan. Therefore, certain language and requirements must be deleted to ensure that these working documents are compatible with each other. Attachment 3 is the Agency's Report to the City Council on the proposed 2007 Amendment for the Town Centre I Project Area, which has been prepared pursuant to Sections 33457.1 and 33352 of the California Community Redevelopment Law, Health cJ. -/q Page 13 of 32 Item NO.2 Meeting Date: 04/26/07 and Safety Code Section 33000 et seq. Pursuant to Section 33352 of the Law, the Agency is required to submit a Report containing specific documentation regarding the proposed 2007 Amendment. This information, documentation and evidence are provided to assist the City Council in its determinations in connection with its adoption. Environmental Impact Report Section 21002 of the California Environmental Quality Act (CEQA) requires that an environmental impact report identify the significant effects of a project on the environment and provide measures or alternatives that can mitigate or avoid those significant effects. This UCSP EIR contains an environmental analysis of the potential impacts associated with implementing the proposed UCSP. The UCSP EIR has been prepared as a Program EIR, as defined in Title 14, Chapter 3, Section 15168 of the California Code of Regulations (CCR), also known as the CEQA Guidelines). A Program EIR is used when there are a series of actions that are related geographically, as logical parts in a chain of contemplated actions, or in connection with the issuance of plans that govern the conduct of a continuing program [CCR Section 15168 (a)]. The advantages of a Program EIR include: the ability to provide a more exhaustive consideration of alternatives and cumulative effects than is possible in a single project specific EIR; to avoid duplicative analysis of basic policy issues; and to provide the Lead Agency (City of Chula Vista) with the ability to consider broad, program-wide policies and mitigation measures that would be applied to specific projects within the overall program [CCR Section 15168 (b)]. In addition, a Program EIR is intended for use by both the City of Chula Vista as Lead Agency, as well as other Responsible Agencies when taking action on subsequent permits to allow development in accordance with the proposed UCSP. The major issues that are addressed in the UCSP EIR were determined based on review by the City of Chula Vista Environmental Review Coordinator, Community Development Department, and public comment received on the Notice of Preparation (distributed in August, 2005). The issues analyzed in the EIR include land use, landform alteration and visual quality, cultural resources, geology and soils, paleontological resources, population and housing, hydrology and water quality, traffic, circulation and access, noise, air quality, public services, public utilities, and public health hazards. The Draft EIR was distributed for a 45-day public review period on May 31, 2006; 13 public comment letters were received. Additionally, a CVRC public hearing was held on July 13, 2006 to receive any oral comments on the DEIR. The Final EIR includes all comments received, and responses to them. c1.-/d Page 14 of 32 Item NO.2 Meeting Date: 04/26/07 After completion and public review of the Draft EI R, some revisions to the Public Review Urban Core Specific Plan were identified by City staff in order to refine plan implementation, respond to issues raised by public input, and to correct minor inaccurate information. All of the refinements and corrections were reviewed, and the majority of them did not affect the impact analysis and/or significance conclusions in the DEIR. An evaluation of these changes is summarized in the Errata published with the UCSP FEIR in September 2006. It should be noted that the changes regarding building height exceptions of up to five feet for ground floor uses, and for allowing limited neighborhood serving commercial uses in the V-1 subdistrict have subsequently been removed for consideration at a later date. Subsequently, in response to public input provided at the October 11, 2006 and March 28, 2007 Planning Commission hearings, some additional minor modifications have been proposed to the Urban Core Specific Plan (see sections D and E of this report). An evaluation of each of these modifications as they relate to the impacts identified in the FEIR has been included in Sections D and E, as well as in the Second Errata to the FEIR (included in Attachment 2). As described in Sections D E, and Attachment 2, none of the additional proposed modifications would change the impact analysis and/or significance conclusions in the FEIR. The Draft and Final EIRs identify that the proposed project would result in significant, unmitigated impacts related to air quality, cultural resources, energy, and transportation. Findings of Fact and a Statement of Overriding Considerations will be required to be adopted for these unmitigated impacts. Impacts to geology, hazards, hydrology, land use, landform alteration/aesthetics, noise, paleontology, population and housing, public services, and public utilities were found to be less than significant or mitigated to less than significant. For those impacts with associated mitigation a Mitigation Monitoring and Reporting Program (MMRP) has been provided with the FEIR. Any development proposed in the area covered by the UCSP will require design review and approval of a discretionary Urban Core Development Permit. Section 15168 of the State CEQA Guidelines defines the process wherein a Program EIR serves as the basis for environmental review of subsequent projects. Sections 15182 and 15183 of the CEQA Guidelines provide additional review guidance for projects proposed in accordance with an adopted Specific Plan, or consistent with adopted Community Plans, General Plans or Zoning. The FEIR for the UCSP -- which is a Program EIR -- will be used by the City of Chula Vista for discretionary actions associated with subsequent development and other activities within the UCSP area which require CEQA review. Projects will be reviewed ci-Jf Page 15 of 32 Item NO.2 Meeting Date: 04/26/07 under CEQA and in light of the FEIR, and a Secondary Study will be prepared to determine if the FEIR adequately addresses the potential environmental impacts of the proposal. If it does, no additional environmental review is required. If not, additional environmental documentation would be required in the form of a Subsequent or Supplemental EIR, an Addendum, or a Mitigated Negative Declaration. This subsequent project review process is outlined in detail in the Section 2.3.3 of the FEIR. C. CONSISTENCY OF UCSP WITH THE 2005 GENERAL PLAN The proposed UCSP is based on the objectives provided in the 2005 General Plan and provides further detail on how these objectives will be implemented. The components of the UCSP implement the 2005 General Plan vision of a vibrant urban core and include mobility recommendations, land use and development regulations, development design guidelines and incentives, public realm design guidelines, infrastructure and public facilities improvements, and a community benefits program. The concurrent drafting of the UCSP alongside the 2005 General Plan allowed for seamless integration of the many new objectives and policies established for this area of the City. A consistency analysis between the General Plan and UCSP has been prepared and is provided as Attachment 5 to this report. The analysis provides a summary of the major components of the UCSP and identifies the 2005 General Plan Objectives related to the Urban Core and the relevant sections of the UCSP. To monitor progress towards implementing the land use goals envisioned by both the 2005 General Plan and UCSP, a series of checks and balances are proposed. These include annual review of new development under the City's Growth Management Ordinance, bi-annual review of amenities and facilities implementation in conjunction with the City's budgetlCIP review cycle, and five-year assessments of the progress of the UCSP. D. ISSUES RAISED DURING PUBLIC REVIEW OF THE DRAFT UCSP (5/31/06 - 7/13/06) The following topical issues were raised during review of the Public Review Draft UCSP and during the 45-day public comment period for the DEIR, and have resulted in some staff recommended changes in the UCSP. This section provides a summary and analysis of and recommendation about these issues. Issues included in this section are generally those raised by a number of people or those with significant implications to successful implementation of the UCSP. A complete set of the public comments received on the Public Review Draft UCSP is attached to the end of this report ~-/6 Page 16 of 32 Item NO.2 Meeting Date: 04/26/07 (Attachment 6). Issues raised that did not result in recommended changes to the UCSP at this time are discussed in Section G. 1. Issue: Building Heights along Third Ave between E Street and G Street should either be higher or lower. Analysis: Some concerns related to building height and intensity for the Village area between E Street and G Street were raised during public review. The Third Avenue Village Association (TAVA) indicated that the proposed height (maximum 45 feet) of buildings along the majority of the Third Avenue frontage was too low and that a height of 60 feet along and east of Third Ave was more appropriate. In contrast, Crossroads II and Northwest Civic Association indicated "heights of buildings between E and G Streets should not exceed a maximum height of 45 feet. The current Central Business (CB) zone, which applies all along Third Ave frontage, has no height limit. The preliminary draft of the UCSP had proposed up to 84 feet for the entire length of Third Avenue. However, in response to public comments made at numerous UCSP Advisory Committee meetings held during 2005, the proposed height was reduced to 45 feet along the "traditional" storefronts, specifically those areas not redeveloped within the last 20-25 years. The proposed varied building heights along Third Avenue were developed with consideration of existing conditions, regulations and new policies established by the 2005 General Plan. In December of 2005, after nearly 5 years of extensive community input, the General Plan was adopted and included the following Policy LUT 50.12, which states that: "Along the immediate street frontage of the Third Avenue corridor, primarily between E and G Streets, buildings shall be predominantly low- rise, with mid-rise allowed, provided that upper stories are stepped back from the facade and are architecturally compatible with surrounding development. " The Public Review Draft UCSP proposed the majority (75%) of Third Avenue frontage along E and G Streets as low-rise, with heights up to 45 feet, while the remaining (25%) of Third Avenue frontage was proposed for mid-rise, with heights up to 84 feet (seven stories) with mandatory minimum 15-foot step backs at 35 feet. Of the approximately 50 lots fronting along Third A venue between E Street and G Street, only 11 parcels would have development standards allowing mid-rise heights of up to 84 feet, again with mandatory stepbacks at 35 feet. These parcels are located at the "entrance" to the rX-/~ Page 17 of 32 Item NO.2 Meeting Date: 04/26/07 Village area at Third and E, in the Park Plaza area on Third, and at the SW corner of Third and Park Way. The UCSP contains extensive design guidelines that ensure high-quality building design and integration with the surrounding area. The locations of the mid-rise buildings allow designers, through greater variety of construction types (e.g. concrete and steel), the ability to create an exciting sense of entry to the Village, integrate parking alternatives (e.g. subterranean or wrapped structures), and in general spur redevelopment in areas along Third Avenue that may not otherwise be feasible, especially in the short term. In addition, the new Redevelopment Advisory Committee provides a venue for the public to weigh in early in the development process with comments on the design of future projects, further ensuring high-quality building design and integration. Recommendation: Based on the analysis summarized above, the proposed maximum building heights along the Third Avenue frontage should be retained as proposed in the Public Hearing Draft UCSP. 2. Issue: Mixed use with residential development should be "permitted" in the Corridors Districts along Broadway and Third Avenue without requiring a Conditional Use Permit. Analysis: The general mix of uses has been established by the policy direction of the 2005 General Plan and is reflected in the proposed development regulations and standards for these subdistrict areas. However, with regard to land use with residential mix, the Public Review Draft UCSP initially recommended a Conditional Use Permit (CUP) for Mixed Use Residential in the Corridors to focus mixed uses along the mid segment of Broadway (between E and H Street). Staff has subsequently reviewed this requirement, and has recommended minor revisions to the UCSP Land Use Matrix that would allow mixed-use with residential in Corridors sub-districts without a CUP. This is consistent with the land use designations of the GP and vision of the UCSP. The 2005 General Plan and associated traffic model, which was used as the basis for the UCSP traffic study, assumed the general mix of land uses would include residential. The DEIR for the UCSP (page 5-30 and 5-38) assumed residential uses in the Corridors. The change from "conditional" to "permitted" is procedural in nature and does not change the impact analysis or significance conclusions of the FEIR. Recommendation: Minor revisions have been made to the land use matrix to allow mixed-use (commercial with residential) as a "Permitted" use rather than by CUP, in C- 1, C-2 and C-3. This change is consistent with 2005 General Plan and vision and goals of the UCSP, and the assumptions and conclusions of the FEIR. d-/1 Page 18 of 32 Item No.2 Meeting Date: 04/26/07 3. Issue: Residential Parking Standards may be too low. Analysis: Based on public comments and direction from the UCSP Advisory Committee at their final meeting in March 2006 and prior to release of the Draft EIR for public review, the proposed minimum residential parking standards were increased by 50%, from 1.0 to 1.5 spaces per dwelling unit; and 0.5 to 1.0 spaces per dwelling unit in the Transit Focus Areas. In addition, the Draft UCSP has always included a "guest" parking standard of 1 space per 10 dwelling units, whereas currently in other areas of the City there is no separate guest parking standard for residential uses. These minimum residential parking standards included in the Draft UCSP and DEIR EIR are nearly the same as existing citywide standards for multi-family residential: slightly more for studio/1 bedroom units (1.5 spaces CVMC vs. 1.7 spaces UCSP) and slightly less for 2+ bedrooms (1.7 spaces UCSP vs. 2.0 spaces CVMC). By way of background, typically in urban areas, a greater emphasis on multi-modal mobility choices (walking, bikes, transit, and cars), urban form and design, economic considerations unique to revitalization, and negative effects on the provision of affordable housing, warrant consideration of more flexible parking standards. UCLA Professor Donald Shoup (FAICP) in his book, The High Cost of Free Parking, demonstrates that as parking requirements are increased, there is a direct increase in project development costs, negatively impacting housing affordability, and subsequently leading to increased rates of vehicle ownership, traffic volumes, vehicle congestion and air pollution. Additional parking increases in the UCSP would reduce feasible Floor Area Ratios and inhibit the creation of a more balanced split among non-motorized travel modes, including declining public transit. This counteracts many of the pedestrian- oriented measures proposed in the Plan and results in a suburban rather than urban form, creating a scale fit more for cars than for people. Further, parking standards have little impact on perceived on-street parking "shortages" and little ability to affect "spillover" impacts to adjacent residential areas. Spillover impacts related to the availability of on-street spaces are more likely the result of poor parking management and therefore appropriately addressed through parking management solutions such as performance based meter pricing and residential parking districts. While minimum parking standards are proposed for new development, parking management will be subsequently addressed through the City's Northwest Parking Management Study. The Northwest Parking Management Study, which has already gotten underway, will conclude well in advance of completion of any new development projects. c1-/f Page 19 of 32 Item NO.2 Meeting Date: 04/26/07 The Planning Commission, at their meeting on 3/28/07, recommended the alternative minimum residential parking standard presented by staff, for subdistricts other than Transit Focus Areas. This alternative standard is based on the number of bedrooms, rather than a uniform standard of 1.5 parking spaces per dwelling unit. The alternative standard would instead be 1 space per studio and one bedroom units and 2 spaces for two+ bedroom units. The net effect of this alternative would still average 1.5 spaces per dwelling unit. The proposed minimum parking standard alternative will not result in the reduction of parking required and therefore would not change the impact analysis or significance conclusions of the FEIR. Recommendation: For subdistricts other than Transit Focus Areas, either: 1) retain parking standards as increased for the Public Review Draft UCSP; or alternatively, 2) apply a parking standard of 1 space per studio and one bedroom units and 2 spaces for two+ bedroom units. The net effect of Alternative #2 would still be averaged at 1.5 spaces per dwelling unit, but may be more conducive to creating a greater variety of housing types and size due to reduced construction/parking costs for smaller units (studios and one bedroom). The Planning Commission recommended Alternative #2 residential parking standard at the 3/28/07 public hearing on the UCSP. 4. Issue: New zoning proposed by the UCSP could cause mobilehome parks to close. Analysis: At the October 24, 2006 City Council meeting, the City Council amended the General Plan to establish a Mobilehome Overlay District and to adopt new policies for the evaluation of the conversion of mobilehome and trailer parks to other types of development. In general, the policy requires that prior to the City's consideration of any proposed change of use to and/or rezoning of a mobile home or trailer park, a plan must be prepared in conformance with applicable State and City regulations that outlines the steps and provisions to mitigate the adverse impacts of the conversion on affected residents. Currently, CVMC Chapter 9.40 outlines the process for mobile home park closures, but has not been updated in 25 years. An update to the ordinance has recently begun and is expected to be complete in six months. The updated ordinance would provide, on a programmatic level, the local requirements for future individual project applicant's park closure plans, including those necessary to mitigate any adverse impacts of the conversion on affected residents. Recommendation: Defer rezoning pursuant to the UCSP of the mobile home and trailer park areas to a future date, following completion of the update of the mobilehome park closure ordinance (CVMC 9.40). This change would not affect the significance conclusions of the FEIR. The assumptions in the impact analysis would stay the same, c1-) r Page 20 of 32 Item NO.2 Meeting Date: 04/26/07 however, the catalyst for any potential impacts (rezoning) would be deferred to a later date. 5. Issue: The Environmental Health Coalition (EHC) recommends an Air Quality "Buffer" Zone for areas within 350 to 500 feet of the centerline of Interstate 5 to address potential air quality (diesel particulates) effects on new development. Analysis: As described in the DEIR, in April 2005, the California Air Resources Board (CARB) published the "Air Quality and Land Use Handbook: A Community Health Perspective." The handbook makes recommendations directed at protecting sensitive land uses, while balancing a myriad of other land use issues (e.g. housing, transportation needs, and economics). It notes that the handbook is not regulatory or binding on local agencies and recognizes that application takes a qualitative approach. As reflected in the CARB handbook, there is currently no adopted standard for the significance of health effects from mobile sources. Although there is no adopted standard for mobile sources such as a freeway, the effects as analyzed in the DEIR were considered to be cumulatively significant. The only means of effectively reducing these effects is the implementation of source controls. The CARB has worked on developing strategies and regulations aimed at reducing the risk from diesel particulate matter. The overall strategy for achieving these reductions is found in the "Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles" (State of California 2000). A stated goal of the plan is to reduce the cancer risk statewide arising from exposure to diesel particulate matter 75 percent by 2010 and 85 percent by 2020. A number of programs and strategies to reduce diesel particulate matter that have been or are in the process of being developed include the Diesel Risk Reduction Program which aims to reduce diesel particulate emission over the next 5 to 15 years through improved automobile design and alternative fuel efficiency. These programs are outside of the jurisdiction of the City of Chula Vista. In recognition of the guidance provided in the CARB handbook, the UCSP Development Design Guidelines (Chapter VII, Section G.6) have incorporated site design measures that must be considered by future redevelopment adjacent to 1-5, where possible, to help minimize effects. These measures include siting residential uses away from the freeway, tiering residential structures back from the freeway, and incorporating mechanical and structural measures into the building design. While these measures may serve to reduce the severity of diesel particulate emissions impacts, implementation of diesel vehicles source control measures by State authorities would be required to significantly reduce diesel particulate impacts. A mandatory application of ~-~CJ Page 21 of 32 Item NO.2 Meeting Date: 04/26/07 these suggested design measures, such as prohibiting development within 350-500 feet of the centerline of the freeway, would have significant implications on any future development or redevelopment of parcels adjacent to the freeway. Recommendation: Retain the language in the UCSP Development Design Guidelines that requires new development adjacent to Interstate 5 to consider and implement where possible, site design measures as described in Chapter VII.G.6. E. ISSUES RAISED AT PLANNING COMMISSION HEARINGS (October 11, 2006 and March 28, 2007) On October 11, 2006, the Planning Commission opened the public hearing to consider the UCSP and related rezoning actions. The initial public hearing on October 11, 2006 was continued pending the outcome of Proposition 90 on the November 2006 ballot. Subsequently, Proposition 90 failed, and the Planning Commission public hearing was re-convened on March 28, 2007. A number of requests for modifications to the proposed UCSP land uses and development regulations were received at the October 11 Planning Commission public hearing. The requests suggested revisions either to the land use matrix or individual sub-district zoning sheets contained in Chapter VI Land Use and Development Regulations of the Public Hearing Draft UCSP. Many of the requests also addressed proposed building form, and would constitute minor modifications that, if implemented, would not change the impact analysis or significance conclusions of the FEIR. Following the October 11th Planning Commission hearing, staff reviewed these suggested revisions for consistency with the GP and FEIR, and with the overall principles of the UCSP. The following are recommended changes to the UCSP to address some of the issues raised. Those issues that did not result in recommended changes at this time are discussed in Section G. 1. Issue: Allow ground floor office uses in V-2 and V-3 where fronting on Third Avenue. Analysis: Currently the Zoning Sheet for V-2 permits 20% non-ground floor office use, and the Zoning Sheet for V-3 permits 10% non-ground floor office uses for any new development. A proposed revision would delete the requirement on these sheets that offices must be located above the ground floor. The UCSP envisions a gradual change along Third Avenue from predominately first floor offices to more retail uses in order to create a livelier, 24-hour street environment. cJ, -:</ Page 22 of 32 Item NO.2 Meeting Date: 04/26/07 Existing ground floor office uses, currently at about a 50% ratio with commercial retail, can remain as legal non-conforming uses until the space has been vacant for 18 months or more. At that time, the new use is required to be retail. This has raised concerns from businesses along Third Avenue, who fear loss of income if new retail tenants cannot be found, and from the Third Avenue Village Association. Staff is now recommending an alternative that would allow the market to determine the best use of ground floor space (office or retail) rather than regulating ground floor tenants through the UCSP. This could achieve the gradual migration to more retail uses (as envisioned by the GP), while also addressing the concerns raised by property owners. Recent anecdotal information seems to suggest that that the ground floor space along Third Avenue has already begun shifting towards retail, creating less of a need to be as prescriptive in mandating the use of ground floor space. More flexibility and less regulation on the internal use of buildings, in particular the ground floor, is also more in keeping with the tenets of the UCSPs form based zoning approach, which focuses more on creating appropriate urban form and less on the function and interior use of buildings. With the proposed change, the impact analysis and significance conclusions of the FEIR remain the same or could be lessened because: 1) the mixed use designation (mixed retail/office/residential) was already contemplated by both the 2005 GP and UCSP; 2) any impacts considered in the EIR, such as traffic, were not based on the specific location of individual uses within buildings (Le. ground floor vs. second floor); and, 3) office uses generate less traffic than commercial uses. Recommendation: Revise the land use matrix to allow ground floor office use along and adjacent to Third Avenue in subdistricts V-2 and V-3, and make accompanying changes to the V-2 and V-3 zoning sheets. d-~ }Z Page 23 of 32 Item NO.2 Meeting Date: 04/26/07 2. Issue: Lower the minimum building height in UC-3 from 30 feet to 18 feet. Analysis: This was requested due to concerns about property owners being forced to build higher than desired. A reduction of the minimum required building height is considered a minor change to the development standards for the subdistrict and would not be a significant departure from the guiding principles of the UCSP or vision of the GP. The analysis in the EIR is considered a "worst case," since the minimum height is proposed to be lowered and would lessen the effects already analyzed. In addition, the change to lower the minimum height requirement could result in a reduced density. Therefore, the change would not affect the impacts analysis and significance conclusions of the FEIR. Recommendation: Lower the minimum building height in UC-3 from 30 feet to 18 feet. 3. Issue: Include provision for processing projects that are currently in the permit processing "pipeline." Analysis: A pipeline project provision would set procedures for the administration of any projects within the UCSP subdistricts area that have been substantially processed by the City consistent with existing zoning prior to the UCSP adoption. However, this provision is already in CVMC Section 19.07.030, and may apply to any projects within a specific plan. This is a procedural matter, and would only be considered at the request of an individual applicant. There is no way of determining its future application on an individual project basis at this time, and it does not affect the impacts analysis and significance conclusions of the DEIR. Recommendation: The effective date section of the ordinance adopting the UCSP will include a reference to the existing pipeline provision for specific plans in CVMC 19.07.030(C). 4. Issue: Permit some flexibility in the application of the UCSP development standards to encourage innovative design and to effectively administer projects with any unforeseen development and/or design challenges. Analysis: Staff agrees that it may be necessary and appropriate for the Chula Vista Redevelopment Corporation or Planning Commission to authorize certain exceptions to the land use and development regulations, provided that the exception is based on certain findings, including that a better design or greater public benefit would be achieved. Review and consideration of a development standard exception is not d- ;0 Page 24 of 32 Item No.2 Meeting Date: 04/26/07 permitted by right but would be considered on a project by project basis concurrent with the review of the Urban Core Development Permit, as outlined in Chapter XI.C.1 of the Specific Plan. Because this is a procedural change, and would only be considered at the request of an individual applicant, there is no way of determining its future application on an individual project basis at this time, and it does not affect the impacts analysis and significance conclusions of the DEIR. Additionally, any potential new or increased/decreased impacts associated with its application would be identified during project review as part of the Secondary Study process described in the FEIR Section 2.3.3. Recommendation: Add development exception provisions, as shown in Attachment 7. 5. Issue: Clarify the definition of "Minor" Project Analysis: One request was to identify the correct sub-section in the Municipal Code that defines the term "minor project". Staff has identified sub-section "i" of CVMC 19.14.582 as the correct reference. This editing change does not affect the impacts analysis and significance eonclusions of the DEIR. Recommendation: Include this reference in UCSP Chapter XI - Plan Administration. F. ON-GOING ISSUE RELATED TO THE CHULA VISTA MUNICIPAL CODE (CVMC) SECTION 19.80 (CUMMINGS INITIATIVE) The following topic has been raised and discussed at various stages during preparation of the UCSP and its associated public input process. Most recently the topic has been deliberated by the City Council and at public meetings conducted in April 2007. The following summarizes the heart of the debate. 1. Issue: Is the UCSP consistent with Chula Vista Municipal Code (CVMC) Section 19.80 (Cummings Initiative)? Analysis: 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 CVMC Section 19.80 (Ord. 2309 Initiative 1988). The purpose and intent of the initiative was generally to ensure the quality of life for the residents of Chula Vista through a variety of measures, including preserving the character of the community, ensuring provision of adequate public facilities and services and ensuring the balanced development of the city. The ordinance states that the intent is "not designed to halt quality growth, but to ensure that rampant, unplanned development does not overtax d-J-1 Page 25 of 32 Item No.2 Meeting Date: 04/26/07 facilities and destroy the quality and home town character of Chula Vista". In order to accomplish this, 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. Since the passage of the Cummings Initiative in the late 1980's, many of the quality of life issues described above are now routinely addressed during the City's development review process. The City has established quality of life "thresholds" that are regularly evaluated through the environmental review process as projects are proposed and developed. Development Impact Fees (DIF) have been put in place to require new development to provide their proportionate contribution to public services and facilities. A Growth Management Oversight Commission has also been established and annually reviews the growth management program with reports submitted to the Planning Commission and the City Council. CVMC 19.80.070(A) states that Planned Communities (used in the eastern part of Chula Vista) are deemed to be in compliance with the section, but does not address other similar planning documents such as Specific Plans. This oversight is being addressed separately through a minor amendment to the Ordinance, which will clarify that Specific Plans meeting specified findings would also be deemed in compliance. On April 12, 2007, the City Council approved an amendment to CVMC 19.07 and 19.80 (by a vote of 5-0) to make this clarification. The Ordinance adopting the UCSP includes the specified findings as amended in 19.07.012. The UCSP has been prepared pursuant to CVMC 19.07 and is in keeping with the purpose and intent of CVMC 19.80, as it requires new development to provide adequate public services and facilities commensurate with their impact. The other aspect of Cummings that relates to the UCSP is the so-called "zoning two- step," which only allows zoning density increases of specifically listed residential zones by one "step" every two years (A, R-E, R-1, R-2, and R-3). Because the UCSP contains almost entirely new mixed use zones, and few purely residential zones, it becomes difficult to determine in the areas within the Plan boundaries zoned R-1, R-2 or R-3 what constitutes a 2-step rezone. The area of concern is related to the R-1 and R-2 zoned areas within the UCSP. This constitutes about 28 gross acres, or 4% of the UCSP Subdistricts Area. Recommendation: In an effort to resolve the concerns raised by the public regarding the areas currently zoned R-1 and R-2, it is recommended that these areas be removed from the UCSP comprehensive rezone. If in the future, individual property owners chose to redevelop their property, the property owner would be required to process a rezone to c;2. -:( S- Page 26 of 32 Item NO.2 Meeting Date: 04/26/07 bring the underlying zone of their property into conformance with the City's General Plan. 2. Issue: Is the UCSP consistent with the new findings adopted by the City Council on 4/12/07 required for Specific Plans prepared pursuant to CVMC Section 19.07, specifically the finding relating to the provision of public services and facilities? The short answer is yes, as is demonstrated by the following summary of the information contained throughout the UCSP and associated FEIR, and compiled into Appendix E of the UCSP that addresses the issue of provision of public services and facilities. Additionally, the specific findings that the City Council must make regarding Section 19.07 are included in the UCSP adoption ordinance. The City of Chula Vista's General Plan was updated in December 2005 and created a new vision for the city. A large part of that vision, developed over a 5 year planning process, 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 stable single family neighborhoods, better utilize land resources, reduce environmental effects and make more efficient use of existing infrastructure. The General Plan calls for the preparation and adoption of specific plans to carry out the vision of the GP in an organized and orderly fashion. With the approval of new land use designations under the 2005 General Plan, new zoning regulations, in particular mixed use and urban core residential zoning districts, are required to be developed to ensure the systematic implementation of the 2005 General Plan. This requirement to have zoning consistent with the City's General Plan is established by State law and in CVMC Section 19.06.030. The UCSP implements the policies and objectives of the GPU to direct a portion of the growth expected to occur in the City over the next 20 years to the Urban Core Area, by providing zone changes, development regulations and design guidelines to accommodate future growth. Along with the plan for new land uses, the UCSP also identifies 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 that would be located within the area covered by the plan and needed to support the land uses described in the plan. In addition, the UCSP includes a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the plan. ~-~ Page 27 of 32 Item NO.2 Meeting Date: 04/26/07 Specifically, Chapters IX, X, XI and Appendix 0 of the UCSP and the UCSP FEIR 06- 01, including the Mitigation Monitoring and Reporting Program (MMRP), provide an assessment of the demands on public facilities and infrastructure due to development that may occur as a result of the specific plan, and the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development. Chapter V (Mobility) and Chapter VIII (Public Realm Design Guidelines) provide an expanded discussion and illustrations of some of the public facilities, such as mobility improvements - traffic, pedestrian and bicycle-- and other improvements such as parks and plazas. As described in the UCSP and FEIR, subsequent new development would be required to provide adequate public services and facilities commensurate with their impact. Appendix 0 of the Urban Core Specific Plan - Public Facilities Implementation Analysis (Economics and Planning Systems, 2006) provides projected cost estimates, projected timing of facilities, and financing mechanisms and revenues. The revenues are based on projected tax increment and development impacts fees routinely collected as development occurs in the City. These existing City-wide Development Impact Fees (DIF) related to the provision of public facilities include: . City-wide Park Acquisition and Development (PAD) Fee . Public Facilities (PF) DIF (police, fire, libraries, and recreation facilities) . Sewer fees . Storm drain fees . Traffic signal fees . School impacts fees (collected pursuant to Government Code 65996) These fees would continue to be collected from new development as it occurs in the urban core. Additionally, the Engineering Department will begin developing a Transportation Development Impact Fee (TO IF) within the next year, to address additional funding for future long-term traffic intersection impacts that may occur as a result of "worst case" maximum buildout. In addition, the UCSP FEIR, prepared as a Program EIR, includes an evaluation of the City's growth management quality of life thresholds at a programmatic level based on development projections over the course of the next 20 years. The EIR identifies mitigation measures which would be applied on a project-by-project basis during subsequent review of individual development projects. The Final EIR Mitigation Monitoring and Reporting Program (MMRP) provides a summary of the impacts analysis and/or mitigation measures for significant impacts that address provision of public services and facilities. The MMRP ensures that subsequent new development implements timely mitigation for impacts associated with new development, which cl-c2.1 Page 28 of 32 Item NO.2 Meeting Date: 04/26/07 includes but is not limited to the installation of infrastructure or payment of fees for needed public facilities as a result of new growth. These requirements would be assured through the subsequent discretionary design review and approval of future project specific Urban Core Development Permits. Although the UCSP is intended to attract future development to the Subdistricts Area, the timing, location and extent of subsequent development projects are unpredictable because of the unique nature of urban revitalization. To further ensure the timely provision of public services and facilities, monitoring of on-going development activity would be accomplished through the City's existing annual growth management monitoring and reporting. Monitoring programs, such as the traffic monitoring program which monitors the actual performance of the street system by conducting real time roadway segment travel time studies, would track the rate and effect of growth on an annual basis. In addition to the annual growth management review, the bi-annual BudgetlCIP cycle and a five year status report would provide additional checks and balances of future growth. The integrated system of growth management programs, standards, regulations, facility master plans, funding systems and monitoring activities provide an effective system of checks and balances to ensure that the provision of public services and facilities keeps in step with new development. Attachment 8 (Appendix E to the UCSP) has been compiled for ease of reference using the various existing chapters of the UCSP and FEIR to provide a central location of the components of the UCSP Public Facilities and Services Program, prepared pursuant to Chula Vista Municipal Code Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Section 65451. Recommendation: The UCSP has been prepared pursuant to the recently adopted requirements of CVMC 19.07.012 as it requires new development to provide adequate public services and facilities commensurate with their impact. G. PREVIOUSLY RECOMMENDED RECOMMENDED AT THIS TIME CHANGES THAT ARE NOT Based on public input received at the Planning Commission hearings, recently raised California Environmental Quality Act concerns, and the need to do further analysis of the planning and environmental implications, a number of proposals supported by staff and described in the previous Planning Commission reports are now not recommended to be adopted at this time. One proposal recommended by the Planning Commission is not recommended for adoption at this time. Following a more extensive analysis, staff ~-~g' Page 29 of 32 Item NO.2 Meeting Date: 04/26/07 may bring back some or all of these as future amendments to the Specific Plan. They are summarized below: 1. Issue: Maximum building heights in the UCSP are lower than the State Uniform Building Code (UBC) maximum heights for various construction types (e.g. Type III, V). Analysis: Based on input received and review of the UBC, there are some limited differences between the maximum height provisions in the Draft UCSP and maximum heights typically associated with low and mid-rise developments of various construction types. For example, Type III construction has a maximum height limit of 65', vs. the UCSP limit of 60', and Type V has a maximum height limit of 50', vs. the UCSP limit of 45'. This height difference could be utilized in expanded ground floor heights, to create an enhanced design of storefronts or entryways. A building height exception of up to 5 feet above the maximum height could be considered on a case by case basis if requested for the sole purpose of allowing an increase in the first floor ceiling height to enhance building design and pedestrian orientation. This height exception for the ground floor could be applicable to all subdistricts except V-2. It would not be allowed by right, but would be considered, as requested, on a project by project basis and would be evaluated during the design review of the development application. The potential height increases are considered minimal and would maintain building heights typically associated with low and mid-rise structures. 2. Issue: Increase maximum FAR in Corridors District (C-1; C-2; and C-3) from 1.0 to 2.0. Analysis: The requested Floor Area Ratio (FAR) increase in C-1 through C-3 could be consistent with the land use policies regarding land use intensity/heights established in the GP for these subdistricts. The minor increase in FAR could better align with the urban form and intensity policies described in the GP for these subdistricts, such as low and mid-rise mixed use buildings, with a commercial/office FAR ranging from 0.5 -1.0 plus a residential density of 40 dwelling units per gross acre. The 2005 General Plan traffic model, which was used as the basis for the UCSP traffic study, assumed this mix of uses and level of commercial, office and residential intensity. An increase to FAR 2.0 could improve neighborhood walkability in the Corridors through improved urban form. New buildings would be better able to provide subterranean parking, which would most likely be precluded under a maximum FAR 1.0 development scenario. Greater design flexibility and additional building area could offset the costs of subterranean parking. Subdistricts C-1 and C-2 are also currently designated as c2-;{~ Page 30 of 32 Item No.2 Meeting Date: 04/26/07 Neighborhood Transition Combining Districts, which provide enhanced design measures (e.g. setbacks, stepbacks, landscaping, and walls) to transition new development adjacent to lower density (R-1 and R-2) neighborhoods. Additionally, minor modifications to the parking locations description on the C-1, C-2, and C-3 zoning sheets to disallow parking in the front of the building could be proposed in the future with this FAR increase. This change could further enhance building form and walkability by focusing new development along the streetwall rather than set back and separated by front parking lots, and would in some areas, provide further separation between new buildings to adjacent lower density (R-1 and R-2) neighborhoods. 3. Issue: Remove Lot Coverage requirements from all sub-districts due to concerns that the standard could overly restrict building form. Analysis: Additional comments addressed the issue of urban versus suburban form and whether lot coverage requirements are a necessary and appropriate tool for regulating building form in an urban setting. Based on input from the Planning Commissioners, the community, and the city's consultant, lot coverage requirements may in fact be redundant. The UCSP has other requirements for regulating a building's form, particularly FAR, building height, building setback, building stepback, street wall frontage, open space and parking requirements. All of these development standards will help guide site design and building form, will be applied on a project by project basis, and will have varying results based on the individual characteristics of a parcel. Subdistricts currently designated as Neighborhood Transition Combining Districts would also provide enhanced design measures (e.g. setbacks, stepbacks, landscaping, and walls) to transition new development adjacent to lower density (R-1 and R-2) neighborhoods. In addition, lot coverage maximums may prove counterproductive by allowing or even incentivizing the provision of surface parking as opposed to landscaping and open space. The UCSP includes other development standards (e.g. building height, building setback, building stepback, street wall frontage, and parking locations) to achieve the building form as envisioned by the 2005 GP. 4. Issue: Combining Village Districts Land Uses to allow some commercial uses in the V-1 subdistrict Analysis: Public input was received regarding the potential to allow limited neighborhood serving commercial uses, such as coffee shops and small bookstores d-3lJ Page 31 of 32 Item NO.2 Meeting Date: 04/26/07 within the V-1 subdistrict, to serve the immediate residential neighborhood. The existing condition of this area already includes a mix of residential, commercial and office uses. The UCSP proposed zoning would limit new development to residential only. The minor change to permitted land uses (to allow some commercial use) could better align with the policies described in the GP for this area of the Village. The 2005 General Plan traffic model, which was used as the basis for the UCSP traffic study, assumed a mix of uses including residential, commercial, and office uses. 5. Issue: Adding two parcels to subdistrict V-3 as requested by property owner and recommended by the Planning Commission Analysis: Two parcels were requested by a property owner, to be added to the V-3 subdistrict based on contiguous ownership and preliminary development concept. The two parcels, specifically located at 311-325 G Street (APN 568-300-0600 and APN 568- 300-0700) comprise 0.15 acre and 0.14 acre respectively (total 0.29 acres). The Planning Commission, after considering the applicant's testimony and the minor area that was affected, recommended that these two parcels be added to the V-3 subdistrict. Based on the minor area, it is not anticipated that the addition would change the overall projected buildout anticipated under the GP and UCSP. CONCLUSION As the City of Chula Vista is approaching its 100th birthday, it is poised to establish the next chapter in its history. The UCSP is the first in a series of significant zoning documents proposed to implement the vision established by the 2005 General Plan. Adoption of the UCSP would provide an opportunity to renew the economic vitality of the City's urban core similar to the levels enjoyed in the early 1900s and 1950s. Development pursuant to the UCSP would afford a greater diversity of housing choices for residents of the city and region, as well as create more choices to work, shop and play. In return, new development would generate new sources of revenue to implement the significant urban amenities and public improvements identified in the UCSP. Preparation of the UCSP soon after the adoption of the 2005 General Plan was intentional to try to capture development potential under current and future housing and commercial markets. Upon adoption of the UCSP, the following projects/programs are recommended as short term demonstration projects to provide a "catalyst" for implementation of the UCSP: 1. Pursue Immediate Redevelopment of Opportunity Sites 2. Prepare and Implement the Third Avenue Streets cape Master Plan and Improvements 3. Improve the Existing Storefront Renovation Program c2-dJ Page 32 of 32 Item NO.2 Meeting Date: 04/26/07 The UCSP calls for the sensitive and appropriate revitalization necessary to implement the GP and respond to the needs of the community in a harmonious fashion. It strikes a balance between more housing opportunities, new shopping experiences, greater transportation choices, and provides new revenue sources for the public improvements necessary to help revitalize the City's urban core. Coupled with other private development activity, the short term demonstration projects listed above would begin the revitalization process in the UCSP area. FISCAL IMPACT As a planning document, the adoption of the UCSP will have no direct fiscal impact to the City. However, as projects, both private and public, are implemented both a revenue stream and cost factors will be realized. As the Urban Core is undergoing reinvestment and redevelopment, the importance of various improvements and the appropriateness of various funding mechanisms in a context of competing policy and financial priorities, as well as under market conditions will evolve through the next several decades. As implementation of the UCSP occurs, additional information regarding specific fiscal impacts of future individual projects and work items will be brought to the City Council. ATTACHMENTS 1. Public Hearing Draft Urban Core Specific Plan - PCM No. 07-01 (provided under separate cover) 2. Final EIR No. 06-01, SCH #2005081121 (provided under separate cover) 3 Redevelopment Agency Report to the City Council 4. Urban Core Specific Plan Subdistricts Area Map 5. General Plan Consistency Analysis 6. Comment Letters received on the Public Review Draft UCSP (April 2006) 7. Appendix E - Urban Core Specific Plan Public Facilities and Services Program 8. Development Exceptions - Insert in UCSP Chapter VI.I 9. Planning Commission Resolution - PCM 07-01 PREPARED BY: Mary Ladiana, Community Development Planning Manager Brian Sheehan, Senior Community Development Specialist J-3~ PUBLIC HEARING DRAFT URBAN CORE SPECIFIC PLAN SEPTEMBER 2006 (Provided Under Separate Cover) ,1- 3-3 ATTACHMENT 1 ATTACHMENT 2 FINAL ENVIRONMENTAL IMPACT REPORT (NO. 06-01) FOR THE URBAN CORE SPECIFIC PLAN SEPTEMBER 2006 (Provided Under Separate Cover) 4-31- SECOND ERRATA to the FINAL URBAN CORE SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT April 17 , 2007 After completion of the Final EIR, a number of requests for modifications to the proposed Urban Core Specific Plan (UCSP) land uses and development regulations were received at the October 11, 2006 Planning Commission public hearing. The requests suggested revisions to the land use matrix or individual sub-district zoning sheets contained in Chapter VI Land Use and Development Regulations of the Public Hearing Draft UCSP, to proposed building form guidelines, and to the Final EIR. These changes were evaluated by staff, and those that were considered minor modifications, that would not change the impact analysis or significance conclusions of the FEIR were recommended to be included. An analysis of these proposed changes is summarized below. No revisions were made to the body of the FEIR. Proposal 1. Allow ground floor office uses in V-2 and V-3 where fronting on Third Avenue. Analysis: Currently the Zoning Sheet for V-2 permits 20% non-ground floor office use, and the Zoning Sheet for V-3 permits 10% non-ground floor office uses for any new development. This new revision would delete the requirement on these sheets that offices must be located above the ground floor. The UCSP envisions a gradual change along Third Avenue from predominately first floor offices to more retail uses in order to create a livelier, 24-hour street environment. The Public Hearing Draft Plan allows existing ground floor offices to remain as legal non-conforming uses, although once the space has been vacant for 18 months or more, the new use is required to be retail. Because nearly 50% of current ground floor uses are estimated to be office, the original proposed change has raised concerns from businesses along Third Avenue, who fear loss of income if new retail tenants cannot be found, and from the Third Avenue ViII~ge Association Staff is now recommending an alternative that would allow the market to determine the best use of ground floor space (office or retail) rather than regulating ground floor tenants through the UCSP. This could achieve the gradual migration to more retail uses (as envisioned by the GP), while also addressing the concerns raised by property owners. Recent anecdotal information seems to suggest that that the ground floor space along Third Avenue has already begun shifting towards retail, creating less of a need to be o(-.3!1 as prescriptive in mandating the use of ground floor space. More flexibility and less regulation on the internal use of buildings, in particular the ground floor, is also more in keeping with the tenets of the UCSPs form based zoning approach, which focuses more on creating appropriate urban form and less on the function and interior use of buildings. With the proposed change, the impact analysis and significance conclusions of the FEIR remain the same or could be lessened, because: 1) the mixed use designation (mixed retail/officelresidential) was already contemplated by both the 2005 General Plan (GP) and GP EIR; 2) the UCSP, and impacts analyzed in the UCSP EIR such as traffic, were not based on the specific location of individual uses within buildings (i.e. ground floor vs. second floor); 3) currently approximately 50% of the existing use is office; and, 4) create less impacts than commercial uses because all categorical thresholds, e.g., average daily trips for traffic and amount of equivalent dwelling units for water and sewerage consumption are less than commercial uses. Proposal 2. Lower the minimum building height in UC-3 from 30 feet to 18 feet. Analysis: This proposal would change the minimum building height shown on the Zoning Sheet for UC-3 from 30 feet to 18 feet. This change was requested to provide a greater variety of building heights in this subdistrict. A reduction of the minimum required building height for this small area is a minor change to the development standards for the subdistrict and would not be a significant departure from the guiding principles of the UCSP or vision of the GP. The analysis in the EIR is considered a "worst case," since the minimum height is proposed to be lowered and would lessen the effects of building height already analyzed. In addition, the change to lower the minimum height requirement could result in a reduced density. Therefore, the change would not affect, or if anything, would reduce, the impacts and significance conclusions of the FEIR. Proposal 3. Include a "development exception" provision and process to permit some flexibility in the application of the UCSP development standards to encourage innovative design and to effectively administer projects with any unforeseen development and/or design challenges. Analysis: Due to the long term (20 - 25 year) implementation of the UCSP and programmatic approach of the associated EIR it may be necessary and appropriate for the future decision making bodies to authorize certain exceptions to the land use and development regulations, provided that the exception is based on certain findings, including that a better design or greater public benefit would be achieved. Review and consideration of a development standard exception is not permitted by right but would be considered on a project by do -3ft, project basis concurrent with the review of the Urban Core Development Permit, as outlined in Chapter XI.C.1 of the Specific Plan. Because this is a procedural change, and would only be considered at the request of an individual applicant, there is no way of determining its future application on an individual project basis at this time, and it does not affect the impacts analysis and significance conclusions of the DEIR. Additionally, any potential new or increased/decreased impacts associated with its application would be identified during project review as part of the Secondary Study process described in the FEIR Section 2.3.3. Proposal 4. Add clarification to the CVMC section reference regarding "Minor" Projects" Analysis: A request was to identify the correct sub-section in the Municipal Code that defines the term "minor project". Staff has identified sub-section "i" of CVMC 19.14.582 as the correct reference. This editing change does not affect the project description, impacts analysis and significance conclusions of the DEIR. Proposal 5. For subdistr~cts other than Transit Focus Areas, utilize an alternative minimum residential parking standard based on the number of bedrooms, rather than a uniform standard of 1.5 parking spaces per bedroom. This alternative was recommended by the Planning Commission. Based on public comments and direction from the UCSP Advisory Committee at their final meeting in March 2006 and prior to release of the Draft EIR for public review, the proposed minimum residential parking standards were increased by 50%, from 1.0 to 1.5 spaces per dwelling unit; and 0.5 to 1.0 spaces per dwelling unit in the Transit Focus Areas. In addition, the Draft UCSP has always included a "guest" parking standard of 1 space per 10 dwelling units, whereas currently in other areas of the City there is no separate guest parking standard for residential uses. These minimum residential parking standards included in the Draft UCSP and DEIR EIR are nearly the same as existing citywide standards for multi-family residential: slightly more for studio/1 bedroom units (1.5 spaces CVMC VS. 1.7 spaces UCSP) and slightly less for 2+ bedrooms (1.7 spaces UCSP vs. 2.0 spaces CVMC). The Planning Commission recommended an alternative rnlnlmum residential parking standard based on the number of bedrooms, rather than a uniform standard of 1.5 parking spaces per bedroom, for subdistricts other than Transit Focus Areas. The alternative standard would instead be 1 space per studio and one bedroom units and 2 spaces for two+ bedroom units. The net effect of this alternative would still average 1.5 spaces per dwelling unit. The proposed minimum parking standard alternative will not result in the reduction of parking required and therefore would not change the impact analysis or significance conclusions of the FEIR. c1-31 Proposal 6. Allow Residential Use in Subdistricts C-1, C-2 and C-3 by right instead of by CUP. Within the Corridors subdistricts (C-1; C-2 and C-3), the Land Use Matrix would be corrected to show residential uses as a permitted use rather than permitted via a Conditional Use Permit (CUP). Residential uses were assumed by the 2005 General Plan and any GP-related analysis in the proportions reflected on the revised zoning sheets. The DEIR for the UCSP (page 5-30 and 5-38) also assumed that these residential uses would in fact occur in the Corridors. The change from "conditional" to "permitted" is procedural in nature. Therefore, this would not change the impact analysis or significance conclusions of the FEIR. d-SR Attachment 3 2007 Amendment to the Town Centre I Redevelopment Plan Report to Chula ~ta ..4ff!iJF' Redevelopm _ ~ Corporatio ~ April 26,2007 O1ula Vista Redevelq:xnent~ 276 Foorth Avenue O1ula Vista, G\ 91910 @ R~~'GENT COMMUNITY DEVELOPMENT ROSENOW SPEVACEK GROUP INe. 309 WEST 4TH STREET SANTA ANA, CALIFORNIA 92701-4502 T 714 541 4585 F 714 5411175 E INFO@WEBRSG.COM WEBRSG.COM ~~3r Table of Contents Introduction .................................................................................................................. 3 Plan Amendment ......................................................................................................................4 Contents of this Report.....................................................:a..................................4 - Reasons for the Amendment and a Description of Sp~rojects Proposed and How ~~::~..~~~~~~.~..~.i.I.I..~::.~~:~..~~..~~~.~~~~~..~I.i.~.~.~~..~~.~.:..~~..~:~..~~~~~~ . v _ .A -=.. A Description of the Physical and EcoTditions Existin e Project Area.. 7 Five-Year Implementation Plan........~..................x....................... ..................8 , . ..t....... ~- Why the Elimination of Blight and Rede not be Accomplished by Private Enterprise Acting Alone or b the Agency inancing Alternatives Other Than Tax Increment.................. - .....................................................9 The Method of Financing ...... ...........................................10 pact Report ..................................................................................... 18 A Summary of the Agency Consultation with Affected Taxing Agencies .................... 19 Q)RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I -2 - d-.-~j .. Introduction' The Chula Vista Redevelopment Agency ("Ager#i~ steps leading to the adoption of an amendment to the Town re I Rede.ment Project Area ("2007 Amendment"). The proposed 2 endment wilr.iii . t the Agency in implementing the Redevelopment PI an or Redevelop Ian") for the Town Centre I Redevelopment Proje roject") a roject Area 'ect Area"). The Project Area encompasses appro acres in the of Chula Vista ("City"). The Project Area is home Diego South County Superior -and Municipal Court Compl orman Par lor Center, and Memorial Park, as well as a variety qf comm . es, retai service commercial uses, and residential units. -. ...... The Agency was ,the Chula Vista City Council ("City Counci 425. Agency is responsible for implementi identified in the Redevelopment Plan. The Redevelo ted by the City Council by Ordinance No. 1691 on J this . n, the Redevelopment Plan has been amended on I~ . July 17, 1979, the City Council adopted (lll~ 1)/0. at merge~financial provisions of the Redevelopment .....withll. -'yfr<Jltiedevelopment Plan. On April 22, 1986, the City Council opted Ordi_ N'Oa:l.46 that amended the Redevelopment Plan for a second - - e by enactin_w ti~mits to enact eminent domain and incur debt and lished a cumtlive ta'1'increment limit. Amendment NO.3 was adopted by the Council January 4, 1994 by Ordinance No. 2585, when the City Coun ended tax increment and bonded indebtedness Ii mits for the Project. The fou' nt to the Redevelopment Plan occurred on November 8, 1994, when the uncil adopted Ordinance No. 2609 that established a time limit on the collecl'lbn of tax increment. Amendment No.5 was adopted by the City Council on June 23, 1998 by Ordinance No. 2735 extending the time limits that the Agency can utilize eminent domain to acquire property, incur Project Area indebtedness, collect tax increment revenue, and effectuate the Redevelopment Plan. This document is the Agency's Report to the City Council ("Report") on the proposed 2007 Amendment, and has been prepared pursuant to Section 33457.1 and 33352 of the California Community Redevelopment Law ("CRL H), Health and Safety Code Section 33000 et seq. ("Law"). Pursuant to Section 33352 of the Law, @ the Agency is required to submit a Report containing specific documentation RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I .3. ~-1-1 regarding the proposed 2007 Amendment. The purpose of this Report is to provide the information, documentation and evidence required to support the adoption of the proposed 2007 Amendment. This information, documentation and evidence are provided to assist the City Council in its consideration of the proposed 2007 Amendment and in making the various determinations in connection with its adoption. With respect to the proposed 2007 Amendment, this Report supplements the documentation and evidence contained in the Report to the City Council ("Original Report"), prepared in connection with the adoption .., original Plan and is incorporated herein by reference. "S' ~ Plan Amendment The proposed 2007 Amendment would a the existing ~opment Plan to bring design guidelines and land use nations in conforman~th the Urban Core Specific Plan ("Specific Plan"). pecific A refines andiiliBements the vision for downtown Chula Vista as ex d i City's updated General Plan. - Exhibit A presents a map of the Project Are". roposed 2007 Amendment will not enlarge .or in any way e boundariiiot the Project Area. The Bayfront Redevelopment Project Ar t be ~d by the proposed 2007 Amendment. The 2007 Ame en e~^o~~bring the Redevelopment Plan into conformance with the ~'s G ~."" Section 334S the' dicta~';:~uir:~^'2tA9Ponents of this Report. More specificall~ion 334&1 of th.L states that the reports and information required b~ion 333 re only t1IIIl,reports and information warranted by the proposed 20~e h oBe information normally required for the se . a Re~ .~ .aining . "';; of a redevelopment plan was previously ted in the Original Report prepared for the adoption of the n.~ also important to note that pursuant to Section 33368 of - ~e CRL, the A 's a.on of the ordinance adopting the Redevelopment Plan "W,nal and con 've, a-'it is now conclusively presumed and beyond legal c~ge that the lBiect Area is a blighted area as defined by Sections 33030 and 330" "f the CR;ad that all prior proceedings have been duly and regularly taken. "=ws, itional "blight findings" are required for adoption of the _. proposed ndment. Content' oj thi, Report The contents of this Report are presented in 14 sections, which generally correspond to the subdivisions presented in Section 333S2 of the Law. The sections are as follows: Section A Reasons for the Proposed Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I .4. eJ-f~ Section B A Description of the Physical and Economic Conditions Existing in the Project Area Section C Five-Year Implementation Plan Section D Why the Elimination of Blight and Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment At , ~ .... .... $1~,...!~lm. . ~ Analysis of the Preliminary pJ,~ Report and RecommenLf the Planning Co _ A .. . ,";: Report of the Project Are ion - - ~ ~ Section E The Method of Financing Section F The Relocation Plan Section G Section H Section I Section J Section K Section l -- ultation with Affected Taxing Agencies -~ '" @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I .5. ~-f3 the Amendm Specfic Pr and How These proj ects Vi Alleviate Blighting CoS:L'tion the Project Area ~ Reasons for Description of - - ~ ~ -J__ ~~ --- ~ ~' '" @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I )-"11 Section 33352(b) of the Law requires a conditions that cause the Projed Area to provided in the Original Report to Co in 1976 at which time the Project Area w the .ical Exic,' ]Ilg in ~~ ~ ~ ... -- ~ ~ -..- - tion of the p~1 and economic ted. This descripti~ evidence was t the time Project Art~.~ established med €d. "'Ill"" and the A Description of Economic Condi tions Project Area Given the language in bot description is not appropriat Amendment will not change changes to the Plan that would r Pursuant to Se is final and c a blighted proceed i n OptlO e ordinance adopting the Plan nelusively presumed that the Project Area is 30 and 33031 of the Law and that all prior en. "~'_.~^-,.. :' - ~~ ~ ~. ~ ~ ~ @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I .7. e1-16 Five-Year The Agency adopted the Implementation Plan for Redevelopment Project Area for fiscal years Implementation Plan was prepared pursua Law and contains specific goals and BayfrontIT own Centre I Redevelop expenditures for the five-year period, an and expenditures will eliminate blight. T _modifications to the existing I ementation in Section 33352(c) of the C plicable Implementation Plan is incorpo refere - t"'~ 1 II ,1:.1i' -, '=- ~ ,~ ~ ~~ - .-......-. -- ..... v @RSG CHULA VISTA REDEVELOPMENT AGENCY 2DD7 AMENDMENT TO TOWN CENTRE I .8. d-~~ Why the Elimination ight and Redevelopment Cannot be plished by Private Enterprise Actin9 ~ or by the Agency's Use of Fina~ng ~rnatives Other Than Tax Incre~ ~\~ ....... A ~ Section 33352(d) of the CRL requires qqtexpl of why the emnination of blight in the Project Area cannot be acco ~ private enterprise alone, or by the Agency's use of financi ernatives ot an tax-increment financing. This information was previously .n the sup . g documentation prepared and provided at the time of the e exis roject Area. The proposed 2007 Amendment will not ma h -- affect the validity of the previously prepar~QCument ... need for tax increment; therefore, this ~ appli ~. .~ ~ "'= ~ == --. ~A~ '\ ~ ~ ....". ~ -. 'w.:::;;~"," ~ - " - - - @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I .9. ~-17 The Method of Financing ~ ~. Section 33352(e) of the CRL requires inclusion~..;~d method of financing the Project which was provided in the Origin port n the existing Project Area was adopted. Because the propos~ 7 Amen t will not alter the Project Area boundaries, affect the base y~ue of the Proj e. a or change the proposed method of financing the Pro~e proposed 2007 A ent does not warrant that this section be prepared. ..... . A ~~l>, - - .. ~ ~ - - - '-~ .- . .... ~. '~ @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I -10. c:(-~R The Relocation Plan ~ A:I/Iff1' - - Sections 33352(f) and 33411 of the CRL require t~o(M".!:t to prepare a method or plan for the relocation of families and pers:wh~y be temporarily or permanently displaced from housing facilitiQcated witli e Project Area, and nonprofit local community institutions to mporarilyor nently displaced from facilities actually used for institu . purposes in said Pr Area. At the time the Original Plan was adop the Age'lQ(, approved ethod of Relocation for the Project Area ("Me~of R~lili ~llon") which is~corporated herein by reference and is on file with t~~y of the Agency. Because no specific projects requiring reltD:;ation can be1"""'l'ified at this time, it is not feasible to identify specific business . nces, or" community institutions which may need to be relocated a m uring~mplementation process. If relocation activities are undert_, th wil~dle those relocation cases that result from ..activities- . sE;:by-case basis. As a public agency formed"".. ~ovisio ate law~ Agency is required to adhere to State RelB'On La overnn'llml Code Sections 7260 through 7277) and follow thCalifornia cation istance and Real Property Acquisition Guidelines ~ Gui "s esta ed in the California Administrative Code, Title 25, ~hap'" '___ ocation Law was amended by Assembly ~~~: I.~ L~_jng sr- ""~1Zelocation LcfWin conformance with federal regulations. The Jl~e Gui~ an~cation Law comply with the requirements of CRL Section ~411.1. '- ......... -~ ~ ~ to comme;>>"ent 0 any acquisition activity that will cause substantial d~ment of '~"ents, the Agency will adopt a specific relocation plan in confo:r~e wi State Guidelines. To the extent appropriate, the Agency may supplem' h ovisions provided in the State Guidelines to meet particular relocation f a specific project. Such supplemental policies will not involve reduction, bdl'instead enhancement of the relocation benefits requirecJby State Law. @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I - 11 - c?-~1 ~ ~ --- - - ~ , - -. -- -::""tL ._:= ~~ ~. .-- -- y.......u....... ~. W' orting documentation o Section 33457.1 of the same and is is not required. An analysis of the Preliminary Plan was provided i prepared at the time the Project Area was adopt urs- the CRL and because the analysis of the Prel.7Y Plan re not affected by the proposed 2007 Am~ additional an - - ~ "~'~liI' - - '? @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I .12 - d{ -:57) Report and Recommendation of~e Planning , . - Cormusslon ~' ~.~ Section 33352(h) of the CRL requires inclusiqa ~ rep~ recommendation of the Chula Vista Planning Commission (H Ing Commr "), The Planning Commission of the City of Chula Vista ed a report and mendation on March 28, 2007, as part of the supp documenlation prepa r the Urban Core Specific Plan. ~ ...... ---.. ~ _._....^~ new report ~mmendation for the proposed_ osed 200' endment is bringing the existing Plan an s previously determined that e General Plan of the City; ng Commission to make The Agency did not request 2007 Amendment, because Plan into conformance with t the existing Plan was in conf therefore, it was n t necessar additional findi @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I .13. ~-S/ 4JJ,. Report of the Project Area~ttee Pursuant to Sedion 33352 (i) of the CRL, a red~l;;p~ ency shall call upon the property owners, residents, busine"nants an isting community organizations in a redevelopment proj a, or amend area, to form a projed area committee ("PAC) if: (1) g the authority to th cy to acquire by eminent domain property on whi rsons resi~in a projed'llllll'll.in which a substantial number of low- and modera ome -ns reside; or (2F1ldd territory in which a substantial number of low- a ate-income persons reside and grant the authority to the a~ire inent domain property on which persons reside in the added " "- There no longer is an adive 'ect mi&associated with the Town Center I Projed d the n 0 e1i'dment does not necessitate formation of a ,_ _ Comm report is required. ~ 4lfI? = ~ ,~~ ...,~'..., "~".".,."....-~ -~, - -.. ~'I,.'~. .~ .~.~ ~ ~ '''''' --- := ~ ......... ~ - --- ~ ...- T @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I .14. c:f( - S~ =r- - - ,.. ~" ",m.,"..".m"_",,;"., ~' "_."~_ ---. ....... -.. ........ ~.... '",' ~--~ "~ ~ - '~"m~ .t!!!'t!!1!! - - ..- - T @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I .15 - c:< -S3 Environmental Documentation Section 33352(k) of the Law requires environmental pursuant to Section 21151 of the Public Resour. adoption of the Original Plan, the Agency un ok . ~ - documentation as necessary. .,...... ~ An Environmental Impact Report was p . d and certified i~ction with the adoption and approval of the Urban Specific P1;m. This Envir"'=lli:ntal Impact Report included, as a related action, nee amend the TOW"n Centre I Redevelopment Plan to conform to n Core Specific Plan. The Environmental Impact ReplAofor the Spe n was completed and made available for review and co~ - - ,-~ ~ ..:..;;1' _'_'_'_~_n__~ - - ~ , '!" ---~ mentation to be prepared . Concurrent with the priate environmental - . ---,---' ~. - - - " " ~ = - - - ~.. ~ ~ ~ ~ ...- ~---- "~ ~ ...... ~ = ,~, :..-....._---,_..."~, - - ~ ~ ~,-" - .... @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I J/~51 Report of the County Fiscal ~icer The proposed 2007 Amendment will not enlarg not necessary for the Agency to request a base rep m the County of San Diego pursuant to CRL Section 33328. .ject Area information was provided in the supporting documentati~ared and pro at the time the Project Area was adopted. Because t~posed 2007 Amen will not alter the boundaries of the Project Area, th;. oort is n~ded or requ ~ ;- , ,~~ ~ ~~' ~----:---------- ~- ~- ~- -~ ~ . - - - ~ = '" ~il--' ~~~_ __'""_"'h"_'~_~ ._~^ ~- .~~ --~. ~ - - - ~ - -= - .# r ~. -~- - ....,- ~ @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I -17 - ot-sS- ,.6 Neighborhood Impact Report __ Section 33352(m) of the CRL requires the inclusion of a "~d Impact Report. This information was provided in the supporting docum.;'; that wr ared and provided at the time existing Project Area was adopted. ~se the propos 07 Amendment will not enlarge the Project Area; pursuant lfJIIJISon 33457.1 of the no additional analysis would be appropriate or required..... A, - '~~.:~ii V ....-,J- ~ - - "'llBl.. "- ~ ""." .~ - - , == - ~M~ ~- ~ "=" @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I .18. c:; -;5& ... A Summary of the Agency Co~tation with Affected Taxing Agencies .. ~ ...'T ~ ...... ~ Because the proposed 2007 Amendment will not ea to the p~Area, submission of a request to the County of San Diego to pre report pursuant ction 33328 01 the CRL was neither, required, or appropriat erelore, a summary 0 report is not included. ....... .4 --=- ~ - All taxing entities within the Projes;.tArea were 1 the joint public hearing in accordance with the requirements . n 33349(d1W:.e CRL. No taxing entities have requested a consultation. ~ .... ...... .... - - ... ~.Ll.J:., 'W"~ '& - " - 'I'" --'?~ - ~ -,-~"...., -J.:.J ................... .-....-.....-,0._. - .~.~- -~ - - '.-=- ~- " ,... -~---- = '",_.:-. -~- ~- ~ ~- - V @RSG CHULA VISTA REDEVELOPMENT AGENCY 2007 AMENDMENT TO TOWN CENTRE I -19 - c1-S'l EXHIBIT A - BAYFRONTfTOWN CENTRE I REDEVELOPMENT AREA D BA YFRONTfTOWN CENTRE I REDEVELOPMENT AREA Note: Larger scale maps of the Redevelopment Area are available at the Community Development Department Offices at 276 Fourth Avenue. Chula Vista CA 91910 N . -- w.... .._.E// _...."-,,...- S .-,,,-- .,' f- ATTACHMENT 4 u . , I . 'tell qo \i iltpwd~ ~g,Wf~t;l', .~~:,q k",-~ ~JI, 'Of "i ; ;.'. ,I.'; 'i~ ""1 --. ,'f", -f "-, .~ ~_ '~~,h ..r ' 1.""?,:~"", "'~mn.=~'''' ~''''' 'm~6,-Y ~!~f'~ [f~~~it~,,~~iD ., "'1~~:~;g_4~ j~~;'~ ~V ' ::1 I, II . ::1. lI/!;:; , ~ ~ "6 (aYSfDIO S L1NEj Imi" ~y ,'-- "i~A.YSlDft(ff tTiEI ~,rl!::tJ=' ijff(_~l\;,;g~l! --~-$ ~'"'~~tl,~.~'t r~W~"l!!bitJ,,!I!,'(J.' ~~'jJt3",.~'l ,~~'tt!!1111Wg -= t.l\l ""_ 'l1IU1!1ll1 tu;;~~~45d ~m-~{~fr.~. 1.5 FREEWAY ~ ATTACHMENT 5 GENERAL PLAN CONSISTENCY ANALYSIS The 2005 General Plan largely focused on the revitalization and redevelopment of the western portion of the city. The broad policies and objectives described in the General Plan have been refined and described at the neighborhood level in the Urban Core Specific Plan (UCSP). The UCSP has been prepared pursuant to the General Plan as an implementing regulatory document and thus serves as the primary source for policies, guidelines and regulations that implement the community's vision for the Urban Core. The General Plan is implemented via the Urban Core Specific Plan primarily through the following 4 key chapters: . Chapter V: Mobility . Chapter VI: Land Use and Development Regulations . Chapter VII: Development Design Guidelines . Chapter VIII: Public Realm Design Guidelines Chapter V - Mobility provides a variety of approaches and strategies to "get people from here to there." Improvements for the main thoroughfares and other streets within the Urban Core are identified and typically address pedestrian, bicycle, transit, automobile and parking opportunities. Traffic calming elements, pedestrian improvements and paseos are introduced to slow traffic and create a more pedestrian-friendly environment. Recommendations for new and upgraded bikeway facilities throughout the area for both recreational and commuting users are also included. Three transit focus areas within the Urban Core provide multi-modal opportunities for both local and regional transit and a new shuttle loop system serving the Urban Core and Bayfront is proposed. Various roadway network and capacity improvements are proposed, especially in areas where the street grid has been interrupted over time and off-street public parking strategies are also proposed within the Urban Core. Chapter VI - Land Use and Development Regulations establish three different Specific Plan Districts - Village, Urban Core and Corridors which are further defined into twenty- six sub-districts, each with customized regulations and standards. Subdistrict regulations shape the building form and intensity, allowable land uses, and parking requirements. Land uses are proposed to encourage a mix of pedestrian-oriented commercial uses with higher density residential uses. Development and parking standards encourage locating buildings closer to the street (i.e. with parking behind or tucked under the building). The regulations also stress flexibility and provision of urban amenities such as streetscape improvements, parks, plazas, transit, cultural arts and mixed use. The tallest buildings are allowed at the transit focus areas at I-SIR Street and I-5/E Street where support by alternative modes of transportation is readily available. Neighborhood Transition Combining Districts have been created for subdistricts adjacent to R-l and R-2 zoning areas to protect and buffer existing residential neighborhoods and ensure compatible, stepped-back building heights and setbacks. Special provisions address live/work units, --< - C, tJ ATTACHMENTS mixed-uses and parking structures. Zoning incentives are provided to encourage development to provide high performance buildings and urban amenities such as parks and plazas beyond required levels. Chapter VII - Development Design Guidelines provide comprehensive design guidelines for development within the three Specific Plan Districts, as well as special guidelines for hotels, mixed-use projects, multi-family residential projects, and sustainability. The form-based guidelines supplement the Specific Plan development regulations to create a more attractive, well-designed urban environment. These guidelines apply to construction, conservation, adaptive reuse, and enhancement of buildings and street scenes. Although no specific architectural style is prescribed, the quality of design is guided by policies addressing site planning, building height/form/mass, building materials/colors, storefront design, landscaping, lighting, parking, circulation, signs and other development considerations. The goal of the guidelines is to create a positive image for the Urban Core and frame the streets and sidewalks with inviting buildings, entrances, awnings and outdoor dining areas. Chapter VIII - Public Realm Design Guidelines focuses on ways to create more attractive and pedestrian-friendly public environments and gathering places. Street furniture, landscaping, sidewalks; crosswalks, lighting, paseos, public art, parks and plaza concepts are defined. Two main themes emerge within the Specific Plan: an art-deco inspired design theme is proposed along Third Avenue, building upon the era when much of the development along the street occurred, and a more contemporary theme is proposed for the remaining public realm areas in the Urban Core, inl:ticative of a fOrWard- looking Chula Vista. Gateway treatments are proposed at six locations to welcome people to the Urban Core and to reinforce the identity of the Urban Core. The following table references where each of the applicable General Plan Land Use and Transportation Objectives are implemented through the various chapters Urban Core Specific Plan. .d -(pI ATTACHk ,T 5 Urban Core Specific Plan 2005 GENERAL PLAN CONSISTENCY TABLE Development Public Realm Development Design Design Title Description Mobility Regulations Guidelines Guidelines LUT 1 Provide a balance of development to meet present and future needs and enhance character of the Ci X X LUT2 Limit location of highest development intensity to TFAs X LUT3 Development that blends with and enhances h sical and social character X X X LUT4 Minimize blighting influences and maintain inte ri of stable residential nei hborhoods X X ~ LUT5 Designate mixed-use areas with higher density housing near shopping, jobs and transit X ~ LUT6 Ensure com atibili of ad" acent land uses X X LUT7 Provide appropriate transitions between land uses X X LUT 8 Create physical features that distinguish neighborhoods, communities and public spaces and enhance image as a pedestrian oriented and livable communit X X X X LUT9 Create enhanced gateway features for entry oints and other im ortant areas X X LUT 10 Create attractive street environments and public ri hts-of-wa X X X X LUT 11 Ensure well-designed buildings and site improvements that are compatible with surround in ro ertles and districts X X X LUT 12 Protect im ortant Historic Resources X LUT13 Preserve scenic resources, maintain open space network and romote beautification X X X Title LUT15 LUT16 LUT17 LUT18 LUT19 LUT 20 ~ I ~ C>J LUT21 Description Improve transit and transportation connections... between ma.or activi centers Integrate land use and transportation planning and facilities Plan and coordinate transit compatible and su ortive develo ment Reduce traffic demand through TOM, increased use of transit, bicycles, walking and other trip reduction means Coordinate state of the art transit s stem Make transit friendly roads a top consideration in land use and development design Maintain a safe and efficient roadway system with sufficient roadway capacity while preserving character and integrity of communities LUT 22 Continue planning for enhancements to LRT service alon west side of Ci LUT 23 Promote use of alternative mobility modes throu h s stem of bike and edestrian aths LUT 26 Establish an Urban Core Improvements Pro ram' LUT 27 Establish program to provide affordable housing, public amenities and community services necessary to support urban development LUT 28 Consider lot consolidation where a ro riate LUT 29 Allow clustering of residential development to im rove amenities for residents LUT 30 Better utilize parking facilities to reduce parking demand before using public expenditures to add arkin Mobility ATTACHl\. 3T 5 Development Regulations x x x x x x x X X X X X X X X X X X X X X Development Design Guidelines X X x X X Public Realm Design Guidelines x X x x x ATTACH~.. .H 5 1m lementin Mechanism Development Public Realm Development Design Design Title Description Mobility Regulations Guidelines Guidelines LUT31 Provide parking that is integrated with land uses, efficient, accommodates alternative vehicles and red uces arkin im acts X X X X LUT 32 Evaluate use and applicability of various strategies to provide parking X X X X LUT 33 Ensure parking facilities are appropriately sited and well-desi ned X X X X LUT 46 Establish linkages between Urban Core and Sa ront for edestrians, bic cles and transit X X ~ LUT 47 Establish roadway classifications in the Urban ~ Core Subarea that respond to more urbanized environment, accommodate slower speeds in ~ ped-oriented areas and faciliate multi-modal desi n and amenities X X LUT 48 Increase mobility for residents and visitors in the Urban Core X X X LUT 49 Encourage balanced and complementary redevelopment, infill, and new development within the Urban Core X X X LUT 50 Provide for redevelopment and enhancement of Downtown Third Avenue District X X X LUT51 Maintain Downtown Third Avenue as focal point forCi X X X LUT 52 Encourage redevelopment of the Chula Vista Center and north of H Street to reinforce transit and gateway corridor and establish significant public gathering space and mixed-use area X X X X LUT 53 Encourage mixed-use redevelopment along H Street between Third and Fourth Ave. X X ATTACH1\n~1-U 5 Development Public Realm Development Design Design Title Description Mobility Regulations Guidelines Guidelines LUT 54 Encourage redevelopment of North Broadway Focus Area to establish ped-oriented commercial corridor with housing and local serving commercial X X LUT 55 Encourage redevelopment of E Street between 1- 5 and Broadway with Mixed-Use especially near the E Street Trolley Station with emphasis on visitor-serving uses, office and multi-family residential X X ~ LUT 56 Encourage redevelopment of area between 1-5, Broadway, F and G Streets with high-density residential supported by mixed-use on Broadway ~ X X LUT 57 Encourage redevelopment of area between 1-5, Broadway, G and H Streets with transit-oriented mixed-use reinforcing gateway and transit boulevard on H Street X X X X LUT 58 Encourage redevelopment between 1-5, Broadway, H and I Streets as transit focus mixed use area X X X X LUT 59 Encourage redevelopment of Mid-Broadway District as pedestrian oriented commercial corridor with housing opportunities and nei hborhood servin commercial X X X X LUT 60 Encourage existing land use pattern in Mid-Third Avenue District X X X X 'Established in UCSP Chp. X: Plan Implementation and Community Benefits Program ATTACHMENT 6 Public Comment Letters received on the Public Review Draft Urban Core Specific Plan (April 2006) J-tJ~ C!.-~; (Ilqar ~ z.:.. Apri13,2006 Mayor Stephen Padilla City of Chula Vista 276 Fourth Avenue Chula Vista CA 91910 Dear Mayor Padilla: Drg~rgU'IJ~~ APR 0.6 200~ ~ _ ~~~~'L OFFices VISTA. CA Following up on my suggestion made at the Urban Core Committee meeting last Wednesday afternoon for the city to come up with a plan for all of Broadway, I am forwarding two papers with some additional infOlmation on this suggestion. The first is a sheet of "Recommendations" which I developed for Patty Chavez, with whQm I met recently. My ideas re: Broadway are marked in red on the second page. The second paper is a more detailed explanation for one suggestion for Broadway: designating it "Restaurant Row", Sincerely, '~7f'~'~ David A. Wood d-?7 RECOMMENDATIONS WITH REGARD TO THE PRESENT "URBAN CORE SPECIFIC PLAN" (1) Abandon the "Promenade" Dart of the "Plan": . The area presently proposed for the Promenade contains over 2,300 units of housing for moderate-income residents. (Over 500 ofthese units are re~tricted to residents 55 and older.) This area has the largest concentration of moderate income housing ill the city. Chula Vista has !1Q plan for relocating the present +/- 7,500 people who would be displaced by Promenade in similarly priced housing, convenient to transit facilities that are now available to them. San Diego County has an affordable housing crisis. Only 5.4% of present County residents can afford to purchase a median-priced home. Chula Vista should be working to increase the number of affordable housing units in the city, not decrease this number as obviously is proposed in the Promenade Plan. o The center of the proposed Promenade (the middle of the area between F and G Streets) presently is occupied by a community of 196 manufactured homes restricted to elders. The owner ofthis property says he will not sell so the property so it only could be taken by eminent domain. Such action potentially could be enormously controversial. o Traffic on the north-south streets proposed under the Plan largely would be beneficial to residents and others using it to avoid congestion on Interstate 5. Building busy north-south streets in the area would increase the danger dramatically to school children who attend the Vista Square Elementary School and the Chula Vista Middle School, which are located just east of the Promenade area. o The park envisaged for the area probably would be little used when the nearby bayfront park is in place. Also the area targeted for the park is located close to noisy Interstate 5, further decreasing the likelihood of its being used. 2) Continue olannine: the the H Street "Boulevard": . As part ofthis plan, consider the redevelopment and expansion ofthe Chula Vista Mall. It is an important revenue source for the city and it has little impact on city traffic and rush hour Interstate 5 traffic as the Mall is located close to Interstate 5 and most people using the Mall do so at times other than weekday rush hours. . Try to attract housing complexes along tile Boulevard which could be homes for people working in nearby institutions - Scripps Chula Vista Hospital, the nearby elementary and middle schools, the four banks, and the Mall. Investigate obtaining construction funding from these institution or unions with members in these institutions. 3) Continue ohinnine: for 3rd Avenue: o Proceed with on-going efforts to attract business to the historic area bounded by E and H streets which will maintain the character and heritage ofthe area. ~-tff . Develop plan for the area between H Street and Palomar. Fully realize potential of this area which already is well served by supermarkets, drug stores, a number of restaurants and small shops by adding housing over or near these facilities so that people can live near these useful services. 4) Develop ulan for Palomar from 3rd to the Palomar Trollev Stop: . It makes little sense to target the E street and H Street trolley stops for "Transit Focused Mixed Use" high rise commercial and residential development while neglecting to designate the Palomar Trolley Stop, equivalently close to Interstate 5. for similar development. Moreover. the Palomar trolley stop is surrounded by little used or unused land and almost no housing, unlike the area near the E Street and H Street Trolley stops. 1< 5) Develop a plan for all ofBroadwav from E Street (or C Street) to Palomar (or beyOnd). not iust one side of the blocks between E Street and H Street as is proposed in the "Urban Core Specific Plan". Broadway is special in several respects: . It is a wide avenue - the widest on the west side - which could be reconfigured to have a center green space or in some other manner to make it more attractive and useful. . It is not an integral part of the city's public transit system, so that it could be reconfigured without significantly disrupting public transportation. . It already has numerous stretches of mature palm trees, which the city is planting in other areas of the city for beautification . It formerly was part of historic Califomia 101 and possibly most importantly . It has the greatest concentration of full-scale restaurants in San Diego County outside of the Gas Lamp Quarter. In all, there are 26 full-scale restaurants on or near Broadway. It could be designated and promoted as "Restaurant Row" to take advantage of the heavy commercial traffic at its north end coming from the Mile of Cars and Wal-Mart; at its center, from the Chula Vista Mall; and at its southern end, from Costco, Wal-Mart. and Target as well as other businesses along Broadway. Construction in recent years along Broadway shows the results of a lack of a comprehensive plan: . A check-cashing outlet at the comer ofE Street . A housing complex near K street, buill without any setback . A huge gas station near Naples and . The rears of new commercial outlets (where garbage is usually placed) between Naples and Oxford In Conclusion. recognize that the area bounded by H Street. 3rd Avenue. Palomar. and Broadway reallv is Chula Vista's "Urban Core". Almost all the major urban or business ~ -t.f activity of the westside is located on or bordering this area - three supermarkets, Costco, two Wal-Marts, Henry's, the Chula Vista Mall, over 50 full-scale restaurants and fast food outlets, numerous automotive services, and several hundred small shops and services while the area presently labeled "Urban Core" is largely residential. '-- ~-1/) /j-f-hi.c.?u>U1-Vt f- 1!L. "RESTAURANT ROW" The following full-scale ,'estaurants are located on or very near Broadway: I. Fillippi's Pizza Grotto (Italian) 2. Zorba's (Greek) 3. Marisco's Marisol (Mexican Seafood)* 4.. Royal Garden (Chinese) 5. Sushi Loco (Korean & Japanese) 6. Coco's (American) 7. Parisi's (Italian) 8. Pho Vinh (Vietnamese) 9. Flamingo Cafe (American) 10. EI Patio (Mexican) 11. Merkyl's (American) 12. Jade Garden (Chinese) 13. Carrow's (American) 14. VIP Oriental Buffet (Asi3n) 15. EI Comal (Mexican)" 16. Roberto de Fillipi Butcher Shop" 17. Palacio (k Ora (Chinese) 1 S. Olive Gai'd~n (Italian) 19. Tango Grille (A.rg"l1tinian) :W. ,\ Las Tort"s \:vfexican) '2l. Golden Pagoda (Chine$c) T~. I. a NI;11:i (M.cxican) 2'1. :<.rrirJa's (J'vfc,:ican f:k:f:lfocd) .H. Oc~an el!} Buffet (MI:m Scati)odi i:5. La Costa Azul (Mexican Se;;J{jcd) "S, 1:hja '_ob;!rer (~,1cxi(:an Seafocr.lj* ,~7 - ~!ft:.ris\~os i-f.ecuJrs (Vr(~::kan Sf;~1.t:)(~(L) ~~3pi-.:S & O:\fc.r'd 'i rht..~G n.:~T;:ll:r:iJ)1:S ::11:;-/) !1;;;."C w.:r:kt:l;') .mklt.~;i1I,.,.;~nr :-.lAME ~OCATION BETWEEN C&D D&E .. .. E&F F&G .. .. ., G&H " " H&! .. " ., 1&1 J&K L&M ass ,. ~..fOEr&;.Tap1e~:; :\1 ~.:_\~.:~i"(:qJ1~ l.h~~n~ ":'J": 1t l(~~..:..it :::3 ~~"~~it i:(.)('d oj,oil:.;t.; i'::0t~_:'"e';;.1 ,"~. ::'i~'.l f'(f!om~fi.' ~nl(; f~:;Ilt)\..-ing aft.: .~dlSllr:'i~\;S co r!t.:s:gnatlHg Bro~.dn,:;li .Hc:;tauranf Rt)~/': '.'it)I..i.ld bui!d ~n l;ommmcr I'raftic coming (0 rhe ;ll'.;a tor liC;.wby attrac[ions 'Sur.:h as ,he \file ofCnrs, C SIre,;! WnlMalt, Chula Visr.a Cenr<:r. CO$ICO. 5nd T:,rgt:l ".'..ouid gh e e po;;iri'..; 11i~:if.C t,; f:l1 Cln:::t n,')w I.,tkn onl) :.issociatu:1 wiih 1.I::(,;d car lOTS :-).nd it~t:xpt:nsi'l,f~ rnotds )-1/ .could be implemented immediately without the costly infrastructure improvements (roads, schools, etc.) required by some changes (e.g., new housing) proposed for the area. Some or all ofthe costs of promoting "Restaurant Row" at some point might be assumed by the restaurant owners themselves . would be a method to encourage offices and businesses to locate on the West Side because one attribute that commercial operations consider in choosing a location is its access to nearby facilities to entertain customers and provide lunchtime dining opportunities for employees .would be way to alert East Chula Vista residents to attributes of the West Side (By "pulling" East Side residents through the West Side, it will expose them to the Downtown and Third Avenue businesses.) .would not increase lUsh hour traffic on Freeways 5 and 805 as will occur with the proposed new housing since most people patronizing restaurants do so at times other than rush hours .could encourage other restaurants to locate along Broadway hecause businesses often try to locate near similar operations The following are some of the steps which might be undertaken to implement a "Restaurant Row" on Broadway: .contact present restaurant owners and obtain their suggestions on how the "Row" might be instituted and promoted .erect small "Restaurant Row" flags along Broadway (much of the equipment for these flags is already in place and is used occasionally to publicize city functions) .create a website with "Row" restaurant addresses, hours. and menus .publish a pamphlet with the above infonnation which could be distributed at the Visitor C~~lter. in restaurants and shops, and other locations in the city and beyond .possibly have periodic weekend food festivals along Broadway where existing restaurants could set up tables outside their restaurants for dining and other food vendors could set up operations at designated locations along Broadway .have a weekly "Restaurant Row" advertisement in the Union Tribune, ,enlacJ1 the Star News. and other media outlets where restaurants could advertise specials cJ -1) .and possibly eventually erect "Restaurant Row" gateway signs at the northern extremity (C street?) and southern extremity (Palomar?. .Main?) of the "Row" cJ.-13 ~ MOUNTAINWEST REAL ESTATE 333 H Slnlel. Suite 6000 Chula Vlsla. CA 91910 T: 619.422.8400 F: 619.422.8100 May 10, 2006 Ms. Dana Smith Community Planning Director City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 ~~ [ MAr IJ Z006 J .. ......... Re: Comments to draft Urban Core Specific Plan Dear Ms. Smith: MountainWest Real Estate has been an aclive member of the community for over 25 years. Our top priority has always been to develop quality projects that reflect Chula Vista's unique spirit and character. After a thorough review of the Urban Core Specific Plan (UCSP), which we believe is a critical blueprint for the future success and viability of westem Chula Vista, we have several concems about how this document may impact future development in the City's urban core. Per our discussion, we are submitting this letter for your consideration, outlining potential issues we see in the document, as well as our recommendations for improvement. As you will note, we believe several of these issues are inconsistent and incompatible with the recently approved General Plan. We are hopeful that we can work collectively with you and your team to satisfactorily address these inconsistencies. I. I. BUILDING HEIGHTS Issue: Limiting building heights to a maximum of 84 feet (as proposed in the UCSP) would make it virtually impossible to build a conventional seven-story building as allowed for in mid-rise developments in the General Plan. In fact, section 4.8.3 of the General Plan allows for additional height beyond the seven-story threshold so long as "the predominant height character is maintained" (see attachment A). However, even building a seven-story project in the mid-rise areas of the UCSP is not achievable in typical commercial or residential projects because of the assumption that all floors would be 12 feet in height (7 stories x 12 feet = 84 feet). This is a faulty assumption because most commercial and residential buildings utilize a 16-foot ground floor for several reasons, such as to accommodate retail uses, dramatic entryways and Fire Department access related to parking structures. Subsequent floors in commercial buildings use 13-foot heights and subsequent floors in residential buildings use 12-foot heights. Under this scenario, a typical seven-story cJ.-11 commercial building would rise to 94 feet, and a typical seven-story residential building would rise to 88 feet (see attachment B "Typical Development Patterns"). As the UCSP is currently drafted, only E Street Trolley and E Street Gateway sub- districts allow for heights greater than 84 feet. Proposed Resolution: Limit building heights to a maximum 100 feet measuring grade floor area to top floor excluding rooftop structures such as HV AC equipment as sundecks, pools, spas or cabanas. This would accommodate typical seven-story commercial and residential structures, and provide some amount of flexibility as set forth in the General Plan. This change should apply to the following sub-districts: UC1- 6; UC9; and C1. n. II. SETBACKS Issue: Setback requirements in the UCSP appear to be inconsistent with existing building setbacks, and inconsistent with areas immediately adjoining the UCSP zone. For example, consider the four comers at Third Avenue and H Street. (See Attachment C, "Inconsistent Setback Example.") The existing Gateway building on the northwest. comer has a 14-foot setback. The adjacent parcel immediately to the south would have a 24-foot setback requirement. The three other comers are proposed to have no setbacks. This ty!ye of inconsistency would interrupt the natural flow of the urban landscape. Proposed Resolution: Develop a consistent set of building setbacks that conform to the setback method as defined in Figure 6.45 of UC-15 sub-district (E Street Trolley- Transit Focus Area). This change would apply only to the following sub-districts: UC1, 2,4,5,6,9 and 12, and C1. m. III. FLOOR-AREA-RATIO (FAR) Issue: We believe the FAR standard of 2.0 in sub-districts UC4, 5, 6, 9, 12, and C1 are set too low. This standard does not allow for a density appropriate to an urban development zone, therefore restricting the highest and best use for each parcel. A sufficient critical mass is needed to bring "life" to a redeveloping urban area in the form of residents, workers, shoppers and other vi~ors on a 24-hour basis. This improves the local economy, reduces crime and infuses the area with a vibrancy that otherwise would be unachievable. Proposed Resolution: Consider increasing the maximum FAR to 4.0 in the above- referenced sub-districts to allow for the flexibility of developments that are beneficial to the community and economically viable for builders. A -16" IV. IV. PARKING RATIOS: minimum but acceptable. V. V. OPEN-5PACE REQUIREMENTS Issue: Open-space requirements in the UCSP are proposed at 200 square-feet per dwelling unit. This prevents any reasonable development from occurring, considering proposed FAR and lot coverage maximums. The following is an example of why this is true: Consider a hypothetical residential project planned on a 50,OOo-square-foot parcel. The Lot Coverage Maximum is 70 percent, meaning that 35,000 square feet of the site is buildable. With an FAR of 3.0, that translates into a maximum 150,000-square-foot project. Now assume that the average unit size is 1,100 square feet. That means the project could accommodate at most 136 units. If the open space requirement is 200 square feet per dwelling unit, that would require 27,200 square feet of total open space, or more than half of the 50,000 square-foot ~ite. Even if every unit had a 75-square-foot balcony, that would leave 125 square feet of open space needed for each unit, or 17,000 square feet total. This example does not even' include the space required for driveways, curbs, sidewalks and guest parking; allm which can not be counted as open space. As you can see, this requirement renders develafJment impossible. Proposed Resolution: Set open-space reqUirements on a sliding scale based on lot size ,and number of dwelling units. This method is used by t\1e City of San Diego in its Planned District Ordinance for downtown (see Attachment D). Arbitrarily choosing any one number suggests a .one-size-frts-al" approach that doesn't allow for unique architectural characteristics from project to project. VI. VI. SITE.SPECIFiC VARIANCES We believe that any planning document must be flexible enough to address certain special circumstances that would otherwise require the city to go through a lengthy and expensive General Plan amendment process. In this case, we request that the city add a "site-specific variance" clause to the UCSP to accommodate projects with special or unique circumstances, such as major employers, govemment entitles or projects with significant community benefits. These special circumstances, if they exceed stated development guidelines in the General Plan or UCSP, would not require an amendment to these documents, but would require City Council approval. VII. VII. DEVELOPMENT IMPACT FEES We believe that to attract the highest quality and volume of redevelopment activity within the area govemed by this UCSP, it is important for the City of Chula Vista to seriously consider waiving all Development Impact Fees ("DIF") for new projects for a ~-1? period of 10 years. In discussing this issue with Centre City Development Corporation (CCDC), we leamed that waiving the DIF was a major incentive for developers to invest within the City of San Diego's urban core. Nearly 7,500 new condominium units were built and sold between 1999 and 2005. According to Frank Alessi, chief financial officer for CCDC, the tax increment received from these redevelopment projects more than compensated for the loss ofDIF. vm. VIII. EXCLUSION OF RESIDENTIAL USES IN SUBDISTRICT UC5. Issue: The UCSP as drafted excludes residential uses from sub-district UC5 (Soho). We believe it is not in the best interest of the city to exclude residential uses from UC5 along the H Street transit corridor. Thriving neighborhoods rely on 24-hour activity and the ability to have a "live-work-play" environment. Proposed Resolution: Primary Land Use mix within this sub-district should allow residential uses. IX. IX. EXCLUSION OF MEDICAL OFFICE USES IN SUBDISTRICT C1. Issue: Excluding medical office use prevents the best and highest use of the parcels and is inconsistent with existing medical office buildings within the sub district (Center Medical Plaza at 865 Third Avenue). Proposed Resolution: Add medical office uses within this sub-district. X. X. CONCLUSION Thank you in advance for your consideration and review of our comments and proposed rev' . ns. We look forward to working with the City to develop the best possible UCSP hat will a Vista and its residents for many years to come. "'-, Sincerely, James . Pieri President & CEO Mountain West Real Estate Jvp/cd CC: Dave Rowlands, City Manager File c1-11 Exhibit A @Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 . Parcel size . Height limits . Lot coverage allowed . Requirements for setbacks. landscaping, and open space . Provision of required pedestrlan-ortented and translt-ortented amenities . Development standards and design guidelines . ,ype of parking provided: surface, below grade, or structured . Adjacency to sensiWe land uses. such as single-family neighborhoods Actual FARs on a parcel by parcel basis may val)l from the area-wide FARs referenced by policies for various Focus Areas. provided that the predominant building height Intents are not exceeded, There are also opportunities for property owners/developers to achieve Increased densliy and/or FAR within a particular General Plan range through use of an incentive program that would be Implemented by the Oiy. This topic Is further discussed In Seellon 1.13, Relationship of Densily/1ntenslly to Amenities, of this element . ...__.._.. .....___ ...__~_..,__.__._ .~___...~ ,_,___'_.___"___'_" ___._.__~-..__ ..~~.._ _'_ .~._N_ 4.8.3 Height __ .,.,. _'_._,"" '. _ __ h_'" '.' .... ._..' _ ._.. ......m ~._.~............_ __ ..._,.__,_.........h.......... -'" ...M..... .". . .................-..- This General Plan uses three terms to define basic categories of building heigh1s: . Low-rise: Ho 3 stones Mid-rtse: 4 to 7 stortes High-rise: 8 or more stortes . . These height ranges identify the general building heights Intended within a particular area. As presented through polldes In the Area Plans In Sections 8.0 - 10.0 of this element one categol)l, such as low-rtse, may be stated to be the predominant Intended building height with another categol)l, such as mld-rtse, allowed for some of the buildings. The categortes are generalized In this manner to allow some discretion In the establishment of more detailed zoning regulations In' a particular context Height vartations of one to two stortes may occur within a particular area's Identified height range, provided the predominant height character is maintained. WIthin areas Identifled as allowing for some 'hlgh-rtse' buildIng heights, extra care and conslderaUon shall be given to allowing for such structures as further discussed In LUT Section 7.2. Urban Design and Form. Hlgh-rtse building heights are not considered to be unlimited. but rather are Intended to be evaluated and moderated through the crtterta presented In Section 72 ,Consistent with these General Plan Intentions. actual allowable building heights and the extent of any vartatlons wltllln particular areas will be governed by the applicable zoning regulations and/or design guidelines for such areas. Page LUT-42 CIty of Chula VIsta General Plan .J. -1 ! ~ I ~ TYPICAL DEVELOPMENT PAlTERNS 13' FLOOR 7 12' 13' FLOOR 6 i 12' 13' FLOOR 5 12' 13' ~- 94' FLOOR .4 12' 88' 13' flOOR 3 12' 13' FLOOR 2 12' i 16' FLOOR 1 16' ~ b- ..... rt t>l COMMERICAL BUILDING RESIDENTIAL BUILDING Exhibit (; of-et) N I U ::> Exhibit D SaIl Dlelo Maak:lpll Code (S-2006) CllaPter 15: .~ J)iotrlcb public parkland sballllgrec to execute a deed tnIJlsfcrring ownersbipt>f the site to the Redevelopment Agem;y. (E) Approval fJr Development. When the use of TDR is necesS'V'Y for the, approval of a building permit for a project on a receiving site, the City shall not issue any building permits unless the CCDe Presirklll has issued a written verification that the owner of the rreriving site is entitled to the amount of GF A for the projectbasedon a recorded Certificate of Transfer. (Added 4-3-2006 by 0-19471 N.S; effective 5-3-2006.) !i\1'~~~!~t;t~~ll:m~t;"_~.' (a) Minimum Lot Size and Coverage: no requirements. (b) Miriimum Building Setbacks. None, except "'there specified in Section 151,0310(c)and(d); and the CCDe President may require up to a 10- foot interior property line setback where a project is adjoining an existing residential project to mafutain minimum provisions for light and air. (c) Building Heig\1ts. The ovend1 h~gbt of a building shaIfbe measured from the average of the highest-and lowest grades of the site to the top of the parapet of the higbcst habitablefloor. Uninhabited roof structures that conceal mechanical equipment and elevator and stair overruns are exempt from this requirement, provided that they do not project above a 45-degree plane inc1i1l.ed inwardftom the top of the parapet(s) of the nearest building wall(s), up to a maximum height of 30 feet. The IlUlXimum heights of buildings are illustrated In Figure F. Building H~ght and Sun Access. with the following additional restrictions: (1) For sites within the Little Italy Sun Access Overlay, a maximum buildingheiglttlimit of 150 feet applies. A maximum building height envelope shall be further defined as follows and as Ulusti'attd in Figure N: (A) On blocks north of Cedar Street, all street frontages shall be defi1l.ed by a maximum SO-foot street wall along all stred frontagcs..Above the 50-foot Itrlllt wall, the maximum building envelope is defined by: along the east and west frontage$of a block facing C\ Art. /)/P.. ~ o1.-~1 Sall Dl_ MIJIItd1laICode Cllallter15:PIaIlaed Dlstrlda (S-2006) (F) Upper Tuwer The upper tower is defined as the upper 20 perccntof ~ tower, m~ above tho base or mtd-zone to the top of the ~ding including mechanical penthouses. The Ilppertower shall be designed to avoid a cut-off, flat top appearance as described in Section 151.0311(gX5) oftbis Division. (e) Ground Floor Heights The minimum grouncljloor height for buildings, measured from the average grade of the acljoiiring public sidewalk. in iIicrements of no mote than 100 feet along a project frontage; to the rmishfloor elevation of the sccondjloor, shall be: (1) Average of 12 feet for buildings containing groundjloor residential uses; (2) Average of 15 feet, butnotless than 13 feet, for buildings . containing ground jloor non-residenlial uses; and (3) Average 0(20 feet, but not less than 18 feet. for bm1dings Cl'ntAiml1g groundjloor active cO/1f1llerctal,uses within Neighborhood CeTlfersor along .Main Streets. (f) Commercial Space Depth The minimum depths of commercial, groundjloor spaces shall be: (I) 25 feet along 75 percent of the commercial space frontage along a public street; or (2) 40 feet along 75 percent of the commercial space frontage along a designated .MDin Street; and' (3) ISfeet along the I"'mAiniTlg 25 percent of the commercial frontage ifneeded to accommodate other internal functions of the building. ~~~~~~'\~~!Jm~~"~;~',;};;fp,;;i C/r. ArL Db. 1191113'" ~-f:2. San Di4l2oMilalcIpal Code Qapter 1$: PIaIIIled Dislricll ('-2006) (1) The following s1mIdards apply to residential projects that contain 50 or more dwelling units: (A) COmmJJn Outdoor Open Space. Each project shall provide COmmJJn ofltdoor apen space either at grade. podimn level. or roof level. COmmJJn ouUkJor operl space areas sbal1 have a mil.'limum dimension of 30 feet, or 40 feet when bordered by three building waUs exceeding a height oftS feet, and may contain lIl:tive and/or passiv.e areas and a combination of hardscape and landscape features. but a minimwn of 10 percent of the common outdoor open space must be planting area. All common outdoor open space must be accessible to all residents of the project through a common conidor. Projectssball provide common outdoor open spaces as a percentage of the lot area based on the following: - SIO,OOOst' 10,001 - 30,000 sf ' :>30,000 (B) COlf/lMn Indoor Space. Each project shall provide at least ODO community room of at least 500 square feet for use by all residents of the project. The area is recommended to be located adjacent to, and aCCCSSlble from, common outdoor open space, This area may contain active or passive re<:reational facilities, meeting space, computer terminRl~, or other activity space, but must be aecessible through a common conidor. (C) PrivoJe Open SfK1C#1. At least SO percent of all dwelling units shall provide private open space, CII. An. DIP. IJITIIID .)-t3 SUDlco III""""""" Code (~) Cbaatlr.15: 1'tIued DIIaiclI on a bldcony, patio, 01' ro<)ftemtee, with-a mmimumarea of 40 sqwue feet each 8Dd an average hori2Onta1 diJnension or 6 feet.- Balconies should be proportionaIely disiributed 1hroughoat the proj~ in reIaIionsliipto floor levels 8Dd sizes of w:Uts; Living U1iiI projects _exempt-from this mpdrement. (2) Pet Open Space. Each project shall provide a minimwn area of 100 square feet improved for use by _ pets clearly marked for sucb ex.eJusive use. (Adlkd 4-3-2006 by 0-1.9471 NS; eJfectM S-J-2Q06.) g151.0311 Urban Design RegulatiODs Focusing on how buildings and the spaces between them are consciously designed and integrated, the following urban design standards are iatended. to create a distinct urban character for the Centre City Planned District; ensure that development is designed with a pedestrian-orieJi.tation; and, foster a vital and active street life. (a) Building Orientation All buildings located on a public street shall be oriented toward, and have their . primary entrances facing on or toward, the public sP'eet. (b) Facade Articulation The street W(ill f~e along public rlghi~.of-way in all districts shall be architeCtUrally .tnodu1atedby volumes that are 100 feet in width or less, and: (I) Smallermodulalions may be incorporated within larger - volumes; (2) Volumes along the street wall must be defined by structural bays and/or substantiRI teVCIIls or offilets in the wall plane, a. .Art 01.. ~ I ~-91 Douglas WIlson Companies 450 B Street, Suite 1900 San Diego, California 92101 phone: 619.641.1141 fax: 619.641.1150 www.douglaswilson.com COMMUNITY DEVELOPMENT DEPARTMENT JUN 1 2 2006 June 9, 2006 CYRC Members 276 Fourth Avenue, MS C-400 Chula Vista, CA 91910 4' Dear Members of the CYRC, Douglas Wilson Companies (OWe) has actively followed the development of Chula Vista's Urban Core Specific Plan and would like to offer constructive feedback based on time taken to review the most recent draft of the plan. In reviewing the UCSP we have had several discussions with industry professionals to provide feedback. The following constructive review is based on perspectives from the DWC internal team, architects and contractors input. As discussed with councilman Rindone during a May CVRC meeting we have identified that our main point of feedback is with respect to the nuances of height limits in various districts throughout the UCSP. We felt it important to raise these issues so Chula Vista can consider adjustments pending their re-development expectations. In each case our feedback is intended to shed light on the relationship between construction codes aml three of the proposed height limits. :m addition we believe it is critical for the'City to understand how prospective investors and their own expectations for re-development might be impacted. The following are points of information regarding the 45 foot, 60 foot and 84 foot height limits that occur within the UCSP. The caveat to all this discussion is the fact that all builders may not try to build to the max height allowable based on cost constraints and other variables, but the intent ofletter is to show that slight adjustments in height will keep policy from eliminating design considerations for desired floor to ceiling heights and the 4th, 5lh, 7lh or 8th story of prospective buildings. 45 Foot Heieht Limit If the expectation of the City in all sub districts with the 45 ft height limit is 3 story buildings or less, then the 45 ft height limit will not impact this expectation If the expectation of the city is to achieve up to 4 story residential buildings in the sub districts that are currently designated with a 45 foot height limit then the expectation of a fourth story could be difficult and in some cases unrealistic. The point of bringing attention to the 45 ft height limit is to point out that construction code for a four story type V (wood) building dictates a height maximum of 50 ft from finished grade to the mid point of the roof line or to the top of parapet. In most cases the top of the fourth story (not including parapet or sloped roof) will be right at or just below the 45 ft mark. In the case where additional height on the fust floor is included for -2-1::;- San Diego San Francisco D~nver Atlanta Servinl!: clients throup;hout the United States June 9, 2006 Page 2 retail use then the top of the fourth story (not including parapet or sloped roof) may require the top of the fourth story to be at 46, 47, 48 or even 49 feet. Compressing these buildings is a potential solution but this would lead to less desirable living conditions on certain floors of the building and may force the design to lose the fourth story all together. There are only minor differences between building code and proposed policy, which would suggest a need for slight adjustments to policy only if the city would like to see more four story buildings in these sub districts. Likewise, if the city does not want to impact desirable floor to ceiling areas, then policy should make sure that buildings have the flexibility for the top of the fourth story to be slightly higher than the 45 ft mark. **Although other construction methods do not have the same height restrictions as type V they will be held to the same design constraints as a type V with respect to a needfor a few more feet in height. ** 60 Foot Heil!ht Limit Similar to the 45 foot height limit the 60 foot height limit creates a 5 ft variance between building code and policy. Building code for a five story type III (wood) building dictates a maximum height of 65 feet. Beyond type III there are several construction type combinations that could provide a sinllle or mixed.use five story building. However, for all of the same reasons as above the 60 foot height limit can put the fifth story of a design in jeopardy unless lower floors are compressed below desirable floor to ceiling heights. If the City desires five story buildings in these locations, while limiting building compression, then slight adjustments to the height limit should be considered. If successful five stories projects are desired in these sub districts then the building would need the flexibility to have the top of the fifth story somewhere between 60 and 65 feet. 84 Foot Heil!ht Limit The 84 foot height limit presents similar issues with the feasibility of a 7th or 8th story depending on design. The impact of the building code in these sub districts are the building code requirements that require significant additional cost considerations if the floor level of the top story is above 75 feet. The City's desired scale in these sub districts is perfectly acceptable and we believe the desire in these sub districts is to have up to 7 and 8 story structures. In this case the City should understand the strong likelihood that all designs in these sub districts will not allow the floor level of the top story to exceed the 75 foot mark. With an eighty-four foot height limit the top story would only have 9 feet floor to ceiling if a design brought the floor of the top level close to 75 foot mark. It is obviously feasible to compress the building, or take out a floor, but this example demonstrates that an additiona13-4 feet of height limit would permit a potentially desired additional story while maintaining the exact scale that matches the city's desire. In this case the design with a few more feet of height latitude would better serve the ultimate end user and permit more flexibility in programming successful projects. eJ.-t c; June 9, 2006 Page 3 Summarv Building design naturally gravitates to the design constraints of construction codes and municipal codes. When both codes are in tune the result is ease of coordination between city staff, design teams and most importantly public/civic review boards. The above presentation demonstrates the subtle difference between the impacts of the current height limits as it relates to construction code and the ultimate project design. In each case the end conclusion is that slight variation to the height parameters will prevent undesirable design with respect to floor to ceiling heights and prevent the loss of potentially desired top floors of structures. Additionally it is important to understand that the ultimate scale and presentation of finished projects will be virtually the same if a 3-5 foot height variation is introduced. Through all of this we hope to have conveyed that slight height adjustments would be importai"lt to consider and ultimately will allow the flexibility to d<lsign t'xcellent projects to best serve the residents of Chula Vista. In the event any member of the City would like to visit on any of the aforementioned information we would be pleased to do so. Thank you for your time and consideration. Sincerely, DOUGLAS WILSON COMPANIES ~~ r-~ ..."",...'.- _~ /><.;:::--" e:- ;// .?/ 15avid Kieffer Managing Director .),- f1 I.;OMMl.fJ~~X~frXgk~PMENT .. 1111 JUL 0 3 2006 GLEN R. GOOGINS. ATTORNEY AT LAw VIA EMAIL: HARD COPY TO FOLLOW VIA US MAIL June 29, 2006 Mr. Brian Sheehan, Senior Conununity Development Specialist City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: Request by Walt Schanuel for Conforming Modifications to the City ofChula Vista's Draft UCSP Dear Mr. Sheehan: Thank you for taking the time to meet with me last week. As a follow up to that meeting, the purpose of this letter is to formally request that the City revise the C- 3 zoning district regulations in the pending draft Urban Core Specific Plan CUCSP") so that they better implement the applicable land use visions, policies and objectives set forth in the City's recently approved General Plan Update ("GPU"). As you know, I am working with Walt Schanuel to explore the development potential of approximately 1.5 acres of his property located at and around 590 Flower Street and 169 Broadway in Chula Vista (the "Property"). Towards this end, I recently analyzed the existing and proposed land use regulations that govern the development of the Property. My analysis focused on the goals, objectives and policies in the recent GPU, the existing underlying zoning for the Property, and the proposed regulations within the pending draft UCSP. In my analysis, I found some inconsistencies. We talked about a number of these in our meeting, but the main issue is this: the UCSP is proposing zoning regulations that contemplate and encourage commercial development at and around the Property while the approved GPU contains land use designations that contemplate and encourage mixed use/multi-family residential development at and around the Property. In order to remedy these inconsistencies and to better implement the GPU's vision for the area we are reconunending the following changes to the C- 3 district regulations in the draft UCSP: I. Include Residential as a Primary Land Use. The C-3 Broadway North "zoning sheet" should be revised to include "Residential" as a "Primary Land Use". We ,,1-%8' CHU 1910 TEL: 619.421.. nu/ ~-m"U..; "',,"uL^w@COX.NET Mr. Brian Sheehan June 29, 2006 Page 2 of 4 would suggest 70% as the district "Max" for residential uses on Broadway; however, 100% residential projects should be permitted off Broadway. Reasonable residential parking regulations, open space requirements and other appropriate residential standards would also need to be added. (The UC-13 Mid Broadway district may be a good place to look for appropriate versions of these standards.) Development standards for mixed use projects should also be added per GPU policy LUT 54.6. 2. Revise the Land Use Matrix so that Multi-Familv Residential and Mixed Use Proiects are Permitted without a CUP. Within the current draft of the C-3 zoning regulations the following land uses would require a CUP (efficiency apartments, townhouses, multi-family dwellings, mixed commercial/residential projects and shopkeeper units). However, these types of projects appear to be exactly the type of development contemplated and encouraged by the GPU for this area. [See, for example, the North Broadway Focus Area "Vision" set forth at Page LUT -193 and the Policies under Objective LUT 54.] These same uses are "Permitted Uses" (that do not require a CUP) within other UCSP districts with similar GPU land use designations, goals and objectives (for example, UC-I, UC-2, UC-IO, UC-13 and UC-15). Accordingly, we request that these development types also be treated as "Permitted" uses within the C-3 district. The need for this modification is especially acute within the areas of the C-3 district that have a land use designation of Medium Residential, and an underlying zoning designation ofR-3 (for example, the portions ofMr. Schanuel's Property that abut Flower Street). Unless these changes are made, an area that has been historically residential--and that abuts similar residential land uses--would all of a sudden need a CUP to develop a residential project. 3. Increase Maximum Development Intensities. The North Broadway Focus Area ofthe GPU--which encompasses the C-3 Broadway North zoning district-- contemplates a zone wide average density of 40 dwelling units per acre with building heights on Broadway ranging from low-rise (1 to 3 stories) to mid-rise (4 to 7 stories) [See LUT 54.3 and 54.4]. However, the current C-3 development standards would not allow this density or scale of development. The current C-3 FAR is 1.0 and the maximum building height is 45 feet. If built to these maximums--using today's building standards, typical unit sizes and applicable set backs--Mr. Schanuel's 1.5 acre Property could only support in the range of 20 to 25 residential units. This is contrary to the specific regulations and intent of the GPU's North Broadway Focus Area that expressly envisions the addition of "higher-density residential units" in the area. The properties with the C-3 zoning district along Broadway south of D Street (including Mr. Schanuel's Property) are also located within the GPU's E Street Visitor Focus Area. Encouraging higher residential densities near-and with good access to-- transit hubs is a core objective of both the GPU and the UCSP. Accordingly, the vision, objectives and policies for this planning area also suggest that higher development intensities should be encouraged at and around the Property. Applicable policies in the GPU contemplate 40 units per acre within the Mixed Use Residential designation [LUT 55.7]. The commercial/retail component (alone) of mixed use projects proposes an 01- 1'9 Mr. Brian Sheehan June 29, 2006 Page 3 of 4 aggregate FAR of 1.0 [LUT 55.9]. And, building heights range from low to mid-rise [LUT 55.9]. The Schanuel Property is located less than half a mile from the E Street station. Similarly situated "Mixed Use with Residential" planning areas about a half mile away from the H Street transit hub contain substantially higher maximum intensity levels. (See for example the Mixed Use with Residential land use designated areas within the UC-12 H Street Trolley zoning district.) As a compromise between the pure transit- oriented areas within the UCSP and the existing C-3 standards, we believe that the UC-13 zoning district may provide a good model of mid-range development standards and intensities. If a reasonable increase in development intensity were to be made at and around the Property, such an increase would be well buffered by the surrounding R-3 zoning designations. Such designations already allow for low to medium density residential development. The current R-3 zoning extends all the way down Flower Street, on both sides, for a full block in either direction: to 5th A venue to the east, and to Woodlawn to the west. These existing low to medium density zones could continue to serve as an effective transition between a somewhat higher development intensity near Broadway and the single family densities, blocks away, within the area's internal neighborhoods. This area of the City has not received the highest profile attention in the City's recent land use planning efforts. However, it is an important "gateway area" that is very much in need of a high quality project to jump start its revitalization..-W.e believe that Mr. Schanuel's Property could be just the site for such a project. Mr. Schanuel is already talking with adjacent property owners regarding the possibility of joining forces to assemble a larger development block. Even a high quality, multi-family stand alone project off Broadway would be a great addition. Either path would be facilitated by zoning rules that fully implement the GPU's vision for the area and that eliminate the uncertainty and time requirements of a CUP process. Thank you in advance for your consideration of these requests. We believe that our requests are based on good planning principles. We also believe that our requests are consistent with and build upon the good work already built into the GPU, the draft UCSP and the EIRs prepared in connection therewith. After you have reviewed this letter, please call me with any questions. We can then set up a follow up meeting. Ideally we would meet before the end of the public comment period for the UCSP EIR which I understand to be July 13th. , ,..1-1 tJ Mr. Brian Sheehan June 29, 2006 Page 4 of 4 cc: Steve Padilla, Mayor Dana Smith, Assistant City Manager Mary Ladiana, Environmental Planning Manager Erik Crockett, Redevelopment Manager Diem Do, Senior Community Development Specialist Mr. Walt Schanuel :< -1/ July 6, 2006 Mr. Brian Sheehan, Senior Community Development Specialist City ofChula Vista 276 FOW'th Avenue Chula Vista, CA 91910 0: R......,or Ammd---t to tile 0"'1 Draft UCSP to add tile Prooertiel l......- at 311 dlrau'" 325 G Street to the V-3 Welt VUlal!e 7Alllnl! DI.trI~ Dear Mr. Sheehan: As you know, I own the residential properties located at 311 through 325 G Street in Chula Vista. Per our recent conversations, I would like the City to consider adding these properties to the Urban Core Specific Plan. The properties are 100000cd adjacent to the V. 3 "West Village" zoning district and are suitable for development per the draft V-3 development standards. I would like to meet wilh you to discuss my proposal for inclusion in the UCSP, and to dilCU$8 additional ways the City may be able to assist me in redeveloping the site. 1 will contal;t you soon to set up such a meeting. Sincerely L.!' n:k; JoseA.Q~ d. -fA d 69St881089 'oNnZ: 9 "lS/8z:9 900l S lOr (OlM) WOH4 iJ:lIllI>i~~YO-"VElOPMeN1T JUl I 2 l~ July 7, 2006 Mr. Brian Sheehan" Senior Planner City of Chula Vista 276 Fourth Ave Chula Vista, Ca 91910 Dear Mr. Sheehan, Based on a review of the Urban Core Specific Plan, I recommend changing the proposed zoning for 708 H Street from UC-I0 to UC-12. This property is located in the transit focus area, directly across from the H Street trolley stop and is bounded on the west by Interstate 5 and on the south by an elementary schooL UC-12 zoning will increase the allowable density which is consistent with the Plan's goal to have the highest density zoning near the trolley/transit complex. A zoning of UC-12 on the south side of H Street will recapture some of the density lost when the Holiday Gardens condo development opted out of the rezoning plan. Also, the MTDB trolley property is already proposed to be UC-12. Finally, because 708 H Street is bounded on the south by a public school, the zoning of UC-12 will not impact the City's strategy to gradually transition from high to low density. Thank you for considering this recommendation. Sincerely, E~~ Bison Mobile Home Park -1-'13 Emilie Stone 7161 Malta St. San Diego, CA 92111 July n, 2006 HANb DEUVERY City of Chula Vista Mayor /!<tdilla, City Council, and Redevelopment Dept. 2761t~ Ave ChulQ V!sta, CA 91910 JUL 1 1 2006 f, ,...."",~,.. . , I -~",,'J ",.". .,__f""_'___"-"-""_" RE: Urban Core design and General Plan Parcels located H and Broadway St 502,510, and 520 Broadway, and adjoining 516 and 646 H St. Dear t1pnorable Padilla and other City Representatives: I am writing in response to the Urban Core Plan and it is my understanding this will limit our ability to reqfvelop as we have been planning. I have been a big proponent of mixed use for quite sometime. I believe Shopping Center such as the Ralph's/Trader Joes Center in Hillcrest, San Diego if a great model of mixing commercial retail with residential. The way I am reading the plan and ",,,PI the Chula Vista Shopping Center across the street, Residential use is being added. And I would Ii~e the same consideration. We the smaller centers deserve the same rights and benefits of the Iqrl/er landholders and projects, especially when they are in the same location. We clfr~tly have apartments in the back of 510 and would like to redesign maintaining residential use \Yjf~ apartments above some of the retail. Currently the 'Plan' to be only commercial is limiting our f~tpre design, use and ultimately its benefit for Chula Vistas housing needs. The City purports to want to be 'pedestrian-oriented: yet has designed the 'Beautification Project' so pedestrians are weaving back and forth around plantings on a five foot sidewalk and want~ t9 change H St from a 4 lane to a 6 lane road increasing traffic speed, and opposite ped~", ',Ian friendly and retail in the area. For this recent project, not only land was acquired from the a 'p'cent properties, over the years the City has acquired property from us in excess 12,000 s.f. sin , 1946 for various projects, this figure does not include utility easements. I am r,rnally requesting the City do not limit our use to only commercial, but maintain our current mix i di resid tial and allow us to build upward to provide much needed housing. Mid-rise aportf'!",ts continue to allow our commercial tenants to live on site and would allow others the same _,refit making use of the location between the Trolley and Regional Mall. Again, I resPllwully request the Sauthwest corner of H St and Broadway be designated Mix Commercial ~ Residential use with Mid-rise desianation. :;~~~ Emili, ,tone OIIl"'l'Rrtd Property Manager Las l'~flPas Shopping Center S/W "rner of H and Broadway St., Chula Vista , ~-1o Jul 11 Q6._l~:18p harriee seone '""-'I I I IA) Ul;', 'T t:.fl'1118 :stone 619-582 858 UNITY DEVELOP DEPARTMENT JUL 1 2 2006 fllllfict Slone 6566 Ridge Mauor A-. San Diego. CA 92120 lllly 11,2006 :\ HANllDELlVER\'i :, r-.-- '._.., ",_,,, :.. 1,:,'"--," i --<I ;i;;; " 1,: JUL 11 2006 !.:1)1 :'1' I'l 'L.J 1 "L. '" . ,I I PLPJ~h; ......_-......-'.."..."'.k'.......,"'_" qJr ofChula VISta l4aYQr PadiDa. City Council, lIlId Redevelopment Dept ~76..thAve ClIuJa Vista. CA 91910 RE: Sweom... at H and BroBdway Tilis CXlIIIIDIIni<:a is being sent to all of you regardiug the Land use in the North West portion of = Core. My family and I have bccu OWlJaS oflmd in this area (SW comer of H St aDd '. ) since 1946 and have redeveloped it severaf times since. Your current plan/proposals IfFvaIues the area and our use of our land. Chula VlS1a is having significant growth and is predicting this to continue. Y lit 81 !be same time lllfr llSC is being limited to height potential. Tall buildings are being filvomI in certain areas while ~ are being IiIIIitcd to tine stories. The 0ruIa Visla MaD is directly acroa Broadway St from \If apd they an: being changed to !\IIiy,"", use with R...nd..nt;.1.1 see DO rCllSOll. _ shouldn't have tb!! - option. We may DOt have lICt'eS, but we cr:rtainly have large """"lgh pBR:els to aaIe a 'liF mixed usc of -~c;ial wi.. Resiclc:ntial mixed in and ~. ., IJlIS bccu au desire 10 redevelop the c:omer property at. 502, 510, 520 Broadway along with 516, M6 H St into a med use of R:Sidential aparIments above the COlIIIDeIcial. We <:um:ntly bave ~, yet accoaIiu& to the map OIl LUT-1851bis will no longer be !be ClISe whiz> _ ~. This is uojust and we wish to have the same rights as the Mall directly across the stIect. Qw:r the years """ lave had to give the City quite a bit <<lXot-tY just to be able to exisL First it Will forty feet the entire Ieqgth of 0lA' prope.l) 011 H Sl to expend cbe eatire ~ to Rolli: Co; then .1Ive fOot easemeot for Madisou Ave to lYV1J1ect South; and theo the City "ecided to let the Sooth "lif8Jtbon to eliminate their obligatioo 10 aafc Madison Ave. South. r fathec dcve1ope:d tIJe comer for a Gas Company in 1952 aad also built a Markel He built ~ buildiogin 19S8; inorderto~_hadto doDate 190' by 12' OIlH Stforarigbt and dooate 150' by 12' fOr a bus stop 011. Broadway; the last gift for a 2' wide for the H St . . lific:ation' projecI. This bas been quite ~i~ and costly in lams of oct income aDd. has ow poo' .':"1 for growth aod cIevcIopmeot. Now our use is injcopa.dy by being 1iIrtbr:r . J would appm:irde your c:oosideration to see that the use be con:el:ted to remain the same - . . . to better serve the commuuity . . a mnd__ Iri.... rise. ThmIt you. .)- 9? Health Care Structures, LLC 621 Del Mar Ave - Chula Vista, CA 91910 Tel. 619-426-3114 - Fax. 619-426-670 0 ~NITY OEVE( OEPARTMEN~PMENT JUL 1 4 2006 I JuJy 11, 2006 City of Chula Vista Community Development Department 276 4th Ave. MS C0400 Chula Vista, CA 91910 Re: FAR's in the Urban Core Specific Plan Attn.: Eric Crockett As the owner of the 3,2 acre site at 835 Third Avenue, I would like to redevelop this property. The UCSP has it within the C-I district and provides for a maximum FAR of 1.0. The property to the north is a two-story wood framed and wood sided office building built in the 1970's. The property to the south is a Class A medical building about three years old. The FAR of 1.0 would not allow the development of a similar Class A building. I strongly advise staff to revisit the FAR of 1.0 in the three corridor districts and suggest raising the FAR to 2.5 or even 3.0. A quality building with the interior and exterior amenities that we all want for this community can not be paid for with the overly restrictive FAR in place. The impact of a FAR of 1.0 is even more acute on smaller lots. Parking will have to be below grade and the costs of that parking will require more lease space above. The economics of this will leave these properties unable to be developed. Thank you for your consideration in this matter. Should you have any questions, please do not hesitate to contact me. Cordially AJ!~t:1V"~ M. Kevin O'Neill Managing Partner MKO:co .J-11 Brian Sheehan "rom: ;ant: To: Cc: Subject: Tom Mautner [mautner@cox.net] Wednesday, July 12, 2006 12:55 PM Brian Sheehan mautner@cox.net C.v. Downtown Planning Mr. Sheehan, The follow concerns the "Urban Core SpecificPlan" currently under development and consideration by the City. We all agree that the downtown area needs a face lift. However, it would be irresponsible to destroy historic Chula Vista just to obtain presumably profitable investment development for the City. Historic sites must be retained so that the history of Chula Vista is not lost. Our heritage is very important. Concerned residents for 61 years, The Mautner Family Dr. Torn Mautner Consultant, Technology Development Micro/NanoSystems, Fluids Modeling, CFD tommautner@cox.net rnautner@cox.net Voice/FAX (619) 421-3855 Cell (619) 227-2650 d-rg 1 Courtney Piper Property Management, LLC 801 Broadway - Chula Vista, CA 91911 Tel. (619) 427-1869 - FaL (619) 420-1376 July 12,2006 City of Chula Vista Community Development Department 276 4th Ave. MS C0400 Chula Vista, CA 91910 Re: FAR's in the Urban Core Specific Plan Attn: Eric Crockett As the owners of the 3.3-acre site at the comer of801 Broadway and K Street we would like to develop this property. However, the UCSP has it within the C-2 district and is calling for aP AR of 1.0 & a maximum height of 45 feet, with 50010 retail and 50010 office. We would like to see these figures changed. This is a unique comer lot buffered by a school, senior housing and a parking lot. We strongly advise your staff to raise the FAR in the three corridor districts to 2.5 or even 3.0 and raise the maximum heights to 65 feet. We would also like to see at least a 70010 residential component with the rest being office and retail. Without these changes we would be unable to develop this property. Thank you for your consideration in this matter. Please feel free to contact us at any time. Sincerely, Jim Courtney Dan Courtney David Piper ~ - tf7 ; . J.,. {-':;.-:-.. "~i}~:~::~..i .. c.:~r?/!;~>~.: . . ~ ~. ~. s:.'W f'\ E~a 1!:'}"d"-" "':i~(ss."'PS ,,\p . ~~_......__ __....'T .. I/J(/ . ?( .~ ~ ~. I . ':' I . ..r.-~SH AVE. ~ K ..;;:o,'i .... .. ''''1'''$:';':'' -.':' . :: ., @ i~o.,"" . QSEe. PM.i '1 . 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" Emilie Stone 7161 Malta St. San Diego, CA 92111 VIA EMAIL July 14, 2006 City of Chula Vista Mayor Padilla, City Council, and Redevelopment Dept. 276 4th Ave Chula Vista, CA 91910 RE: Draft Specific Plan of Urban Core design and General Plan S/w Corner of H and Broadway St Dear Honorable Padilla, City Council, Planning and the Redevelopment team etc: I have done some review of the Draft EIR and Draft Specific Plan for the Urban Core and I have some concern and comments I would like considered. I am pleased to see the City taking the effort to try to bring positive changes. I am a proponent of mixed use. That has been a goal of mine to redevelop our parcels with mixed use. The proximity to the Mall and Trolley make it ideal to have residential mixed with Retail. Some of our current apartment tenants already work in our adjacent shopping center and hardly use their car. I find the use proposed for UC-l0 far too low for Residential at only 20% maximum and thus severely under valuing our the location and our property. I see 60-70% residential as very practical for the area as Retail and offices would be on the lower two floors, and Residential on top. The Floor Area Ratio is only at 1.0 max. and the trolley is 6.0 maximum. I believe that being within easy walking distance to the Mall and Trolley we should have a FAR of at least 2 and 3 certainly would give us greater flexibility to address the market needs at the time. I am not looking to have a skyscraper but would like to be able to access the market at the time and design accordingly with a bit higher density especially with need for housing and the proximity to the trolleys and mass transit. I have enormous issue with the City wanting to make H Street an expressway. Six lanes increases traffic speed, noise and 0<-/0/ pollution. According to the EIR using all the mitigating measures presented in Section 5.8 of the EIR this still won't be enough to cure or mitigate these issues "however, these measures would not reduce the cumulative traffic impacts to below a level of significance.u Six lanes even without the impact of the Light Rail Transit affects accessibility to the local businesses in the area therefore, everyone's livelihood on H St. between Hwy 5 and Broadway St. is in jeopardy and the LRT would just further impact all the issues already stated. The six lane concept also gives me heart burn because the City will be essentially forcing the adjacent property owner to hand over their property for this City Project. I know the City won't approve any build out plans without first securing the taking of the property running along the street. This is one of the main reasons the area is currently in such decay. It is unfortunate but the cost has been too great for redevelopment for most properties along H St. between IS and Broadway St. Some of the lots are so small they couldn't afford to lose any land and stay in business, as a result there has been a stalemate and improvements have been held up... I am also concerned that with the median changes left turns will also be limited and again hurting the local businesses. The design of an Express Way will hurt the adjacent business in many ways and this isn't fair. I have recent experience with the City on the-lBeautification project' along H St. The City has just taken two feet along the frontage of each parcel between Hwy 5 and Broadway along H St for this project that was done in conjunction with the road improvements. And even through we were told by the City it would not be realistic for the City to be wanting to widen the road after spending so much money to 'improve it,' this project of widening H St. to 6 lanes certainly shows up as part of the General Plan and the Draft of the Urban Core Specific Plan Through out the Urban Core Specific Plan it is stated to have walkable communities. Pedestrians already have a tough time walking through the area new 5-foot zig zagging'sidewalks. Increasing traffic speed would only impact their already compromised comfort zone. I wonder if the City has considered making some streets one way only to improve flow. This sure beats having streets widened at the cost of the local owners and businesses. I am not too familiar with most of the trees selected to be used within the Urban Core. But I am very familiar with the mess Jacarandas make and there high pollen count. The tree itself may not need much trimming but they will need a lot of maintenance because they are exceptionally messy during their blooming season. ol-/tJ~ I certainly hope the City allows greater flexibility on the use mix. Let the market tell us whether or not to have 20 or 70% residential. Our center already has residential in the rear and it makes sense to have the rear mostly residential while at the street corner mostly if not all commercial. Thank you for your consideration. Sincerely, Emilie Stone Owner and Property Manager Las Tiendas Shopping Center S/W Corner of H and Broadway St. )-~3 carrierjohnson architecture for urbln envlronmentJ CITY OF CHULA VISTA URBAN CORE SPECIFIC PLAN July 14, 2006 Mrs. Mary Ladiana Planning and Housing Manager City of Chula Vista Community Development Department Chula Vista, CA Dear Mrs. Mary Ladiana: In response to the City of Chula Vista's request for public comment to the draft Chula Vista Urban Core Specific Plan, dated April 2006, Carrier Johnson offers the following general and specific comments associated with the draft plan based upon our planning investigations within several of the proposed sub-districts. Buililmg Heights: We have found some issues related to maximum buiiding height that we believe could be revised in relation to standard building practices. The 2002 California Building Code, table 5-B (see attachment 1), identifies each construction type and the building height to top of roof for each construction type. In several cases we have found that the building height restrictions set by the draft Urban Core Plan are non-consistent with standard building practices. For example, several primarily residential sub-dislricts limit building height to 45'. The standard industry practice for low-rise multi-family and single family residential is Type V construction, which allows a maximum building height of 50' to the top of roof. This sectional sandwich is typically comprised of one- level of Type I construction above-grade parking (min 12' floor to floor for acceptable ceiling heights) plus 3 to 4-levels of Type V residential above at minimum 10'-0" floor to floor (assumes 8'-6" ceiling height). The minimum building height for 4-levels of residential over one-level of parking is 52' to top of roof. With minimal site grading, usually grading the parking to partially sub-merge the parking podium, the building height may be calculated at 50'. Similarly, the draft Urban Core Plan proposes a maximum building height within the mixed-use sub-districts at 60'. The standard industry practice for low-rise multi-family mixed-use is Type V - Modified and! or Type III wood and! or light gage metal framing over a Type I concrete podium containing retail, office and! or parking. This sectional sandwich is typically comprised of one- level of commercial space at-grade (min 15' floor to floor for acceptable retail ceiling heights) plus 4 to 5-levels of residential above at minimum 10'-0" floor to floor (assumes 8'-6" ceiling height) . The minimum building height for 5-levels of residential over one-level of commercial is 65' to top pdon r. carrier I michael c. johnson I frank a. wolden 1301 third avenue san ell. ca 92101 I phone 619.239.2353 I fax 619.239.6227 I www.earrierjohnson.com P:\4790,QO\CorrespondencslGovt agency\Letters\Urtlan Core Plan.doc ~ -//)1 Mrs. Mary Ladiana City of Chula Vista July 14, 2006 Page 2 of3 of roof. With minimal site grading, usually grading the podium so as to partially sub-merge the podium the developer may increase the residential ceiling heights to 9'-0" clear (an increasingly more common marketable ceiling height). With respect to high-rise construction, the building code identifies any building over 75' to the highest occupied floor as a high-rise construction. Most high-rise residential will be classified as Type I construction. The code does not limit the height of high-rise construction types, but fire and life safety systems and structural codes increase in cost with project height. With that said, it should be noted that there are economic break points for developing high-rise construction. The first break point is at an occupied floor exceeding 75', which induces high-rise fire and life safety codes and high-rise structural upgrades, and as such, developers generally push structures well above the high-rise threshold and as close as possible to the second break point. The second threshold is the redundant lateral structures requirement for a building exceeding 240' to the highest occupied floor. This is an extremely costiy threshold, and as such, few residential towers in San Diego County have supported project a pro forma above 240'. In addition to the construction type building code issues identified above, local ordinances and fire access issues can further impact the developable area. For instance, if drive-through fire truck access is required at the ground level of a parking structure, additional building height may have to be allowed for within the city ordinance. But, solely addressing the ordinance may not be sufficient, as the induced height increase may also affect the building construction type. FAR, Lot Coverage, Setbacks and Mixed-use: Carrier Johnson has noted a general discrepancy between the draft Urban Core Plan allowable FAR and the maximum allowable building heights. For example, the FAR in the C-l sub-district is 1.0, and the maximum building height restriction in the area allows for a 60' building. If the site were 10,000 sf, the allowable FAR would be 10,000 sf. If a developer proposed a multi-story mixed-use commercial office! retail structure with a maximum 60' building height (a sectional sandwich including one-level retail atlS' floor to floor and three levels of office at 13' floor to floor), only 25% of the lot would be used and the building would have a very small and highly inefficient floorplate, only 2,500 sf per floor. Assuming that parking is provided at 5 spaces per 1,000 sf, 50 parking spaces would be required at 350 sf per space or 17,500 sf of parking area. With the FAR absorbed by the building program, parking would have to be provided at-grade and below grade. The remaining site area less building footprint of 2,500 sf is 7,500 sf. Assuming that 70% of the remaining 7,500 sf could be assigned to parking (providing for pedestrian circulation and landscape requirements), the available surface parking would be 5,250 sf or 15 cars. The balance of the parking, 35 cars would have to be located subterranean within the maximum allowable site coverage of 70%, or 7,000 sf. Therefore, a below-grade parking facility of 2 leveis would be required to satisfy the balance of the parking. This example sights several shortfalls of the draft Urban Core for the C-1 district, (1) Building Height will not be efficiently achievable within the allowable FAR, (2) Large expanses of developable land (minimum 30% to maximum 75%) will remain undeveloped parking lots. Other sub-districts have similar land development issues. ~-/().6 Mrs. Mary Ladiana City of Chula Vista July 14, 2006 Page 3 of3 Typically within urban areas density is not governed by lot coverage, as it would be in a suburban model, but rather by FAR. By limiting lot coverage, the draft Urban Core Plan is attempting to preserve open space. By looking at a traditional model used for low-rise infill projects, a 4-story, Type-V construction over a 1-level Type-I parking podium, one would find that the lot coverage is high, close to 80 or 90%. Open space for the project would include the roof of the podium which can be utilized by the occupants and public as an amenity deck, and smaller pocket parks and! or plaza opportunities located at grade. By examining existing buildings in the Third Street area, we have noticed a discrepancy in the allowable FAR compared to the proposed FAR in the draft Urban Core Plan. (see attachment 2) The existing context has several buildings along Third Avenue that have an FAR well above the 1.0 proposed for the C-1 zone. Even with the incentives of affordable housing, Leed-certified buildings, and the dedication of public parks, these FARs are impossible to achieve. This would lead to a disconnected urban plan with a large variety of scale. If new projects were allowed to achieve similar FAR allowances to the existing buildings, the core would fill out and achieve a greater population density in the city. This brings us to another point, the residential component of the draft Urban Core Plan seems limited by the proposed zoning. With no FAR incentive to build residential, and by requiring a Conditional Use Permit to build residential within certain sub-districts, development of mixed-use projects would be hindered severely. Perhaps an incentive similar to the Mid-Cities Planned District of San Diego should be considered. The incentive to build residential is provided by allowing for an additional 1 sf of residential for every 1 sf of commercial with a maximum increase of 1.0 FAR. On the issue of setbacks in an urban core, most ground level retail spaces are activated by their relationship to the street. If ground floor retail is promoted in this plan, the front yard setback should have an incentive to go to a 0' setback along main retailing streets. This allows for more visibility for the retail and promotes pedestrian activity along the street. In contrast the wider, more open street feels more suburban. A good urban planning rule of thumb for evaluating the pedestrian comfort and viability of a low-density urban street is to evaluate the street section. Generally speaking, the closer the street section is to a 1:1 street width to building height ratio, the more comfortable the street experience. With that said, the building street setbacks throughout the draft Urban Core Plan should be reviewed and revised as appropriate. c!( -/tl4, VI. Land Use and Development Regulations A. Administration B. Land Use Matrix C. Development Standards D. Special Provisions for Neighborhood Transition Combining Districts and Transit Focus Areas VI-40 E. Special Provisions VI-42 F. Urban Amenity Requirements and Incentives VI-48 G. Signs VI-52 H. Other Regulations VI-53 Public Review Draft c< - //)7 ~ " "P ~ . . - ::; '" .. Mid Block Paseo V-I I:ast Village Urban Regulations 1. Floor Area Ratio: Mln: 1.0 Max: 2.0 2. Lot Coverage: Max: yP< 16% 3. Building Height: Min: lB' Max: 45' 4. Building Stepback: Not mandatory 5. Street Wall Frontage: 50% Min 6. Setbacks: Street Min: 0' Street Max: N/ A 7. Open Space Requirement: 200sf/du 9. Primary Land Uses: Residential: 100% Parking Regulations 1. Parking Locations: Behind /SubterraneanjTuck Under Residential Parking: Min: 1.5 space/du Guest: 1 space/l0 du Onsite Min: 50% Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all crIteria. c1-/~ f Public Review Draft 6. Setbacks; Street Min: 0' Street Max: N/ A V-2 Village OK Urban Regulations 1. Floor Area Ratio; Mln: 0.75 Max: 2.0 2. Lot Coverage: Min: 75% Max: 90% 3. Building Height; Min: 18' Max: 45' 4. Building Stepback; Not mandatory 5. Street Wall Frontage; 80% Min 7. 8. Open Space Requirement; 200 sf/du Primary Land Uses; Residential: 40% Max (Not allowed on Third Avenue on ground floor, except for access) Retail: 40% Max Office: 20% Max (Not allowed on Third Avenue on ground floor, except for access) t .;;; '" . ~ ~ ~ "' ., Parking Regulations 1. Parking Locations; Behind/Subterranean/Tuck Under ~CtiOIl Vie" 2. Residential Parking: Min: 1.5 space/du Guest: 1 space/10 du Onsite Min: None 3. Non-Residential Parking: Min: 2 spaces/l,OOO sf Onsite Min: None Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. Public Rel'lew Draft d.-/tJ7 ~-3 West Village (Neighborhood Transition Combining District) tJ\M II( \)1{ ""~bf,1t( 0" ~ <3-t. VI. 9f 4'.w 2. '3\klU1-t> ~~ 4'6rLiO ~p.~ ,U)'I~ .",3. ~. . 1_ ~~ WSlaVJ I\\~'/. ~. ~ ~. 4. <;~lUiO -e~ &0' ..tv Ib ~~e. ~t'D\OtJ 11- Stepback f'V> f. 6. Mid Block Paseo Urban Regulations Floor Area Ratio: Min: 2.0 Max: ~ 4-0 Lot Coverage: Min: ry< SO~ Max: :p% ~7t> Building Height: Min: 18' Max: 84' 5. Building Stepback: Min: 15' At Building Height: 35' Street Wall Frontage: 50% Min Setbacks: ,/16'1~lotxn.~~fS~ Strg~( ,\1",."0 Street Max: N/A Neighborhood Transition: See Section D. fo additional setbacks for parcels adjacent to R-l and R-2 districts 7. 8. Open Space Requirement: 200 sf/du Primary Land Uses: Residential: 100% Max (Not allowed on ground floor of Third Avenue or E Street, except for access) Retail: 10% Max (North of E Street and wes of Landis Avenue - retail only) DffIce: 10% Max (Not allowed on ground floor of Third Avenue or E Street. except for access) Parking Regulations 1. Parking Locations: Behind/Subterranean/Tuck Under 2. Residential Parking: Min: 1.5 space/du Guest: 1 space/l0 du Onslte Min: 50% 3. Non-Residential Parking: Min: 2 spaces/l,OOO sf Onsite Min: None Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. A -//~ Public Review Draft V-4 Civic Center ~ ~ ~~~ 1Pl~~ti(9~ Urban Regulations (W~lU~ V!5f.) 1. Floor Area Ratio: Min: NjA Max: 1.0 Lot Coverage: Min: ~ 4'(f1, Max: ~ ftJ/'b Building Height: Min: lB' Max: 60' 4. Building Stepback: Not mandatory 2. 3. 5. Street Wall Frontage: N/ A 6. Setbacks: Street Min: 15' Street Max: N/A 7. Open Space Requirement: 100 sf/du 8. t ~ ~ C <0 Primary Land Uses: Residential: 100% Max Office: 100% Max Public/Quasi-Public: 100% Max Parking Regulations 1. Parking Locations: Behind/SubterraneanjTuck Under Section Vie" 2. Residential Parking: Min: 1.5 space/du Guest: 1 space/l0 du Onsite Min: 50% 3. Non-Residential Parking: Min: 2 spaces/l,OOO sf Onsite Min: None '" ... Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. Plan ~ ie" Public Review Draft c:i-/// 'J Street Sidewalk UC-) 5t. Rose (Transit focus Mea) Urban Regulations 1. Floor Area Ratio: Min: 2.0 Max: 4.0 2. Lot Cove~e: Min: 45% Max: 80% 01\ 3. BuildIng HeIght: Min: 3D' Max: 84' 4. Building Stepbaclc Min: 15' At Building Height: 35' 5. Street Wall Frontage: 80% Min 6. Setbacks: Street Min: 0' Street Max: N/ A :l' .", :l! x ~ 15' Mln Stepback iT 7. 8. Open Space Requirement: 10osf/du ltmo rJl~~ ParkIng Locations: Structure/Subterranean/Behind/T uck Under 2. Residential Parking: Min: 1 space/du Guest: 1 space/lo du Onsite Min: 50% 3. Non.Resldentlal Parking: Min: 2 spaces/l,oOO sf Onsite Min: None Summary sheet does not reffect all regulations that may apply to each property. Please consult the remaInder of the chapter for all crIteria. Public Review Omft .J.. -1/ ~ 2. 3. UC-2 Ciateway (Transit rocus Mea) Urban Regulations 1. Floor Area Ratio: Min: 2.5 Max: y.C k.V 2. Lot Coverage: Min: 45% Max: 80% 3. Building Height: Min: 45' Max: 84' 4. Building Stepback: Min: 15' At Building Height: 35' 5. Street Wall Frontage: 80% Min 6. Setbacks: Street Min: 8'* Street Max: N/A (* Alonlt H Street only to provide total of 16' Sicle~) -t 1!S1 ~~P6t, ~~md'. Open Space Requirement: 100 sf/du 7. 8. J!lmary Land Uses: - Reside,ntial: 70% Max (Not allowed on I hlra JlVenue or H Street frontage on ground floor, except for accessF Retail: 10% Max Office: 2JJ!f. Max ~ Parking Regulations 1. Parking Locations: Any location except in front of building Residential Parking: Min: 1 space/du Guest: 1 space/l0 du Onsite Min: 50% Non-Residential Parking: Min: 2 spaces/l,OOO sf Onsite Min: None Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. Public Review Draft d. -jj ~ tll~L~ ~ IT ='! 1; ~ :~ :;; ='! .. c '" ':! in .. Section He~ l: o '" o ':! Co I. r: i "' o ':! Co Street -- ~ ----,,- ---..- S;dewalk . I Plan" ie" t ~ . ~ (:) ~ '" ~ c ~ o '" UC-3 Roosevelt ~: (Mf;l~~ 1Pa~~I1{O~ ~~~t~w.(i flI5-r,) Urban Regulations ~. Floor Area Ratio: Min: 1.0 Max: 3.0 2. Lot Coverage: Min: N/A Max: 70% 3. Building Height: Min: 30' Max: 60' 4. Building Stepback: Not mandatory 5. Street Wall Frontage: N/ A 6. Setbacks: Street Min: 15' Street Max: N/A 7. Open Space Requirement: 200 sf/du 8. Primary Land Uses: Residential: 100% Max Parking Regulations ~. Parking Locations: Anywhere on-site, except in front of building 2. Residential Parking: Min: 1.5 space/du Guest: 1 space/10 du Dnsite Min: 100% Street Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. d-/11 Public Review Draft UC-4 nospltal Urban Regulations 1. Floor Area Ratio: Min: NjA Max: ~ ~.O 2. Lot Coverage: Min: 50% Max: 70% 3. Building Height: Min: 30' Max: 84' 4. Building Stepback: Not mandatory 5. Street Wall Frontage: 50% Min 6. Setbacks: Street Min: 8' Street Max: N/A (*A1o!lg H ~rPt o.!)tr to provide total of 16' slcJewa -t' lb fa/..~ ge;mfIeM.. "S lbe'vJ 1a- Open Space ReqU/~n . NjA 7. 8. Primary Land Uses: Office: 100% Max \ 1l'7r11V~&iJ~l lCSO Ii~f Parking Regulations 1. Parking Locations: Any 2. Non-Residential Parking: Min: 2 spaces/l,OOO sf Onsite Min: 100% Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. Public Reylew Draft of - JJS- ~ ~ " ~ " '" Section Vie~ o '" ~ '" l.. j-, Street -------- ---"-"--'] '< " i ~ '" Piau Vie\\' UC-5 5000 ~: (Na~~~ -11iI~W-C'~ll ~~UJ.uLli "P1<;1. J Urban Regulations 1. Floor Area Ratio: Min: 1.0 Max: 2.0 2. Lot Coverage: Min: N/A Max:...H1A 1D'lo 3. Building Height: Min: 30' Max: 60' 4. Building Stepback: Not mandatory 5. Street Wall Frontage: 50% Min 6. Setbacks: Street Min: 8' Street Max: N/A (*Along H Street only to provide total of 16' sicfewalk) 7. Open Space Requirement: NjA 8. Primary Land Uses: Retail: ;?1'% Max ~z, Office: 100% Max ~ ~A.LV f.l~ ~ -ti,u..: Lc.;.Lfl'O 1"\ "r Parking Regulations 1. Parking Locations: Any location except in front of building 2. Non-Residential Parking: Min: 2 spaces/1,000 sf Onsite Min: 50% Summary sheet does not reffect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. d-//fp Public: Review Draft 2. Lot Coverage: UC-6 Chula Vista Center Residential (Neighborhood Transition Combining District) Urban Regulations 1. Floor Area Ratio: Min: N/A Max: 2.0 Min: NjA Max: ~ 10~ 3. Building Height: Min: 18' Max: 60' 4. Building Stepback: Min: 15' At Building Height: 30' 5. 6. Street Wall Frontage: N/ A Setbacks: Street Min: 15' Street Max: N/A Nei~hbarhaad Transition: See Section -n. for additional setbacks for parcels adjacent to R-l and R-2 districts Open Space Requirement: 200 sf/du :} ;t( 15' Min Stepback 1; :" :l' " ~ " <0 7. 8. Primary Land Uses: Residential: 100% Parking Regulations 1. Parking Locations: Structured Section Vie" 2. Residential Parking: Min: 1.5 space/du Guest: 1 space/l0 du Onsite Min: 100% '" , u Jl' JlI s ::;. ;,,' -<I Street Sidewalk Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. Plan \' ic'W Public RevIew Draft :l..~/J1 UC-7 Chula Vista Center Urban Regulations 1. Floor Area Ratio: /' Mln: N/A Max: J<<J '}.5 2. Lot Coverage: Min: N/A Max: 70% 3. Building Height: Min: 18' Max: 60' 4. Building Stepback: Not mandatory 5. Street Wall Frontage: 25% Min 6. Setbacks: t ~ :;; o '" 4 Street Min: 8'* Street Max: N/A (*~ to,2rovide total of 16' -smewaIK) l' l5'!:7l- bGr . ~~'F.3 7. Open Space Requirement: N/A ~ ~~ 8. PrImary Land Uses: ,"~A.l: Retail: 100% Max Office: 25% Max (Not allowed on ground floor facade, except for access) '.~ " 2. Non-ResIdential ParkIn . Min: 2 spaces/l,OOO sf. Onsite Min: 100% Parkil!g Regulations 1. ParkIng Locations: Anywhere on-site Street io I. r Sidewalk 11 ~ ell ~ io --------- ---~-.--._- , -t.l2f*e>~ Z~ tJ,L'j. Clt ~I 1l6~~'ttJ...t, M-C ~J.-ll--- Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. at-jig' it: C9rlWNt> t>~D DN ei-~~~ tM, ~ Public Rmew Draft UC-8 otis (Neighborhood Transition Combining District) Urban Regulations 1. Floor Area Ratio: Min: N/A Max: ~.O 2. Lot Coverage: Min: N/A Max: 70% (]\Z 3. Building Height: Min: ~8' Max: 45' 4. BUilding Stepback: Not mandatory 5. Street Wall Frontage: N/ A 6. Setbacks: Street Min: ~5' Street Max: N/A 7. 8. Open Space Requirement: 200 sf/du Primary Land Uses: Residential: ~OO% Max " ". :1! ~ "' .. Parking RegUlations 1. Parking Locations: Anywhere on-site except in front of building 2. Residential Parking: Min: ~.5 space/du Guest: ~ space/~O du Onsite Min: ~OO% Sel:l ion He>; Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. Street Sidewalk Plan ,je~ Public Review I)raft d. -110/ UC-9 Il1ld n Street 1. :E .", :l! 2. ~ ::; 3. 4. 5. 6. ~ ~~ """ ---~.fr Street -------- ._~M_..__ t5:i!: . ~ f3 ~ ~~ ~~ 51ll! I "'~ I . ... ~ . . I . ._______..::.1 ;. 1E ~ 51 '" ~ West of Broadway Street r '" -}- -::- =.-::- .--=-=- -=-.-=-=.- -n ~ . '" ~ 51 '" I :s IE ~ Urban Regulations Floor Area Ratio: Min: 1.0 Max: 2.0 Lot Coverage: Min: N/A Max: N/A Building Height: Min: 18' Max: 72' Bul/dlng Stepback: Not mandatory Street Wall Frontage: 70% Min Setbacks: H Street East of 8roadway Street Min: 8' Street Max: N/A H Street West of Broadway Street Min: 16' Street Max: N/A roa :y Street Min: 0' Street Max: N/A _ 7. Open Space Requirement: N/A 8. Primary Land Uses: Retail: 1~ Max 1db Office: ~ Max \OO~~_ 'V1!&Lh&orl M.-" '1 V {(I NI.-l4 Parking Regu"iiitlons 1. Parking Locations: Any, except in front of building 2. Non-Resldentlal Parking: Min: 2 spaces/l,OOO sf Onsite Min: 50% Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. cA - / /J.P Public Review Draft UC-10 Chula Vista Center West Urban Regulations F/~or Area Ratio: /'" Mm: NjA Max: ~ 1.0 2. Lot Coverage: Min: NjA Max: 80% 1. 3. Building Height: Min: 18' Max: 72' 4. Building Stepback: Not mandatory 5. 6. Street Wall Frontage: 50% Mln Setbacks: I CJ..~'t!;~\ft(,~~L- H Street.- \f> flVWl ~~\ - '(. ~\)'I Street Min: 16' Street Max: NjA Broadway Street Mln: 0' Street Max: NjA Open Space Requirement: NjA Primary Land Uses: Residential: 20% Max (Not allowed on Broadway or H Street frontage on ground floor, except for access) Retail: 100% Max Office: 30% Max (Not allowed on ground floor facade, except for access) 7. 8. Parking Regulations 1. Parking Locations: Any, except in front of building 2. Residential ParkIng: Mln: 1.5 spacejdu Guest: 0 spaces Onsite Min: 100% 3. Non-ResIdential ParkIng: Mln: 2 spacesjl,OOO sf Onsite Min: 100% Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. Public Review Draft ~W ~.?, IN .;~~ ~! PIW ~1'ee.1~ 'MV~~6 . ~ f6L~t1 ~~.. OW " 0; :x: ~ " ~ t ~ ~ io ... Section l iew Street PlanVi('" d. --loll UC-ll Chula Vista Center West Residential (Neighborhood Transition Combining District) ~ (!J)KH(;f.I{S ~U ~ ~~Hl WDtI~~. - t~ ue,...U,~ ~ ~~~ ~v , <<< ~ ~ :x: ~ ,. Street Sidewalk --y-- --.., in ... Urban Regulations 1. Floor Area Ratio: Min: N/A Max: 1.0 2. Lot Coverage: Min: N/A Max: 70% Building Height: Min: IB' Max: 45' Building Stepback: Not mandatory Street Wall Frontage: Nj A Setbacks: Street Mln: 15' Street Max: NjA Neighborhood Transition: See Section D. for additional setbacks for parcels adjacent to R-l and R-2 districts 3. 4. 5. 6. 7. Open Space Requirement: 200sfjdu 8.- . Primary I..and Uses: Residential: 100% Max Parking Regulations 1. Parking Locations: Any. except in front of building 2. Residential Parking: Min: 1.5 spacejdu Guest: 1 spacejl0 du Onsite Min: 100% Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all crIteria. d. -I ~~ Public Review Draft Min: 45% UC-12 n Street Trolley (Transit focus ..vea) Urban Regulations 1. Floor Area Ratio: Min: 4.0 Max: 6.0 2. Lot Coverage: Max: 60% 3. Building Height: Min: 45' Max: 210' 4. 5. 6. Building Stepback: Not mandatory Street Wall Frontage: Nj A Setbacks: .( 61 '81t"(',t~~" H Street /' \ ~ f' Street Min: 16' Street Max: NjA .,.L~~ ~p6 ""'l I I ! U.'t ~ I c ;;: :l; ,-,~ '" I :l' 0 I :; '" .. 7. Open Space Requirement: 100 sf/du 8. Primary Land Uses: 1. Residential:-90% Max to. etai/: 1 " ~ 10% Max Office: ~ Maxl""" - ospitali : 1% Mi 10% Max Parking Regulations 1. Parking Locations: Any Section Vie" 2. Residential Parking: Min: 1 spacejdu Guest: 0 spaces Onsite Min: 100% -------- --------- Street 3. Non-Residential Parking; Min: 1 spacej1,OOO sf Onsite Min: None i3:!5: H <n<n .5- :!OS .12 "'." "'0 ~ Summary sheet does not reflect all reguiations that may apply to each property. Please consult the remainder of the chapter for all criteria. Pion 'He,"" Public Review Draft d-/c:2.3 UC-13 I"Ild Broadway (Neighborhood Transition Combining District) 1. 2. 3. 4. 5. 6. '1 ~ .~ J: ~ 7. :!1 0 8. <0 -.., ~ I ~ J3 ~ 3. ~ :!1 o " Urban Regulations Floor Area Ratio: Min: N/A Max: 2.0 . Lot Coverage: Min: 50% Max: 70% Building Height: Min: 18' Max: 60' Building Stepback: Not mandatory Street Wall Frontage: 50% Min Setbacks: Street Min: 0' Street Max: 20' Neighborhood Transition: See Section D. for additional setbacks for parcels adjacent to R-l and R-2 districts Open Space Requirement: 200 sf/du Primary Land Uses: Residential: 70% Max (Not allowed on BroadW/1)l or H Street frontage on ground floor, except for access) Office: 50% Max -'1f!lo Retail/Hospitality: ~Max Parking Regulations 1. Parking Locations: Anywhere except in front of buifding 2. Residential Parking: Min: 1.5 space/du Guest: 1 space/l0 du Onslte Miri: 50% Non~esldentla/Parklng: Min: 2 spaces/l,OOO sf Onslte Min: 50% Summary sheet does not reflect all regulations that may apply to each property. Please oonsult the remainder of the chapter for all criteria. Public Review Draft 2. UC-14 narborvlew Urban Regulations 1. Floor Area RatIo: Min: 1.5 Max: 3.0 3. Lot Coverage: Min: N/A Max: ~ 1tllo BuildIng HeIght: Min: 30' Max: 84' 4. BuildIng Stepback: Min: 15' At Building Height: 35' 5. Street Wall Frontage: N/ A 6. Setbacks: Street Min: 15' Street Max: N/ A 7. Open Space Requirement: 200 sf/du 8. Primary Land Uses: Residential 100% Max :c '" ~ . ~ ~ ~ ~ -" ::; b '" 15' Mln Stepback 14 Parking Regulations 1. ParkIng LocatIons: Any, except in front of building 2. Section Vie\> ResIdential Parking: Min: 1.5 space/du Guest: 1 space/10 du Onsite Min: 100% ~t7 ~petI.'~ ~VL~ Y-B\'l ~~~-ti~ ~i,tWC\ ~~'5" Street Sidewalk Plaza ;'" .... Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. . I ..--..-.....-....-........:-. Plan lie~ Public Review Draft UC-15 I:: Street Trolley (Transh rocus Mea) p.w~~AL- ~\J\~~ ?P' tl%~p~-t(~ ~l~ .10 1>~(~LW OW') t ~ ~ S: ~ " . ~ '" " -4 ! '""1 , I l.., m"} i )J& ~ "'if I mIl' ! ,y~" U 11' Mln Setback 111m Street Sidewalkj r Parkway t5 m~' i ~i I' V) Ie ~ ~~. '--t ~. ... ~ I Vl Urban Regulations 1. Floor Area Ratio: Mln: 4.0 Max: 6.0 2. Lot Coverage: Min: 45% Max: 60% 3. Building Height: Mln: 45' Max: 210' 4. Building Stepback: Not mandatory 5. Street Wall Frontage: N/ A 6. Setbacks: Street Mln: 11'* Street Max: N/A (* Applies on{Y along E Street between 1-5 and 300 east of 1-5) 7. Open Space Requirement: 100sf/du 8. Primary Land Uses: Residential: 90% Max ~ CRetail: 1% Mii)~ 10% Max Office: ~aJltf:joTallowed on ground ffoortacade,exceptforaccess) (1r>spltality: 1% MI'f ~~ Parking Regulations 1. Parking Locations: Any, except In front of building 2. Resldentlai Parking: Min: 1 space/du Guest: 0 spaces Onsite Min: 100% 3. Non-ResIdentIal ParkIng: Min: 1 space/1,000 sf Onslte Min: None Summary sheet does not reffect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. d!.-/~~ Public Review Draft UC-16 Broadway nospltallty ~~6~ "!l o :t ~ " D <0 ;f Urban Regulations 1. Floor Area Ratio: Min: NjA Max: 1.0 2. Lot Coverage: Min: 50% Max: 70% 3. Building Height: Min: 18' Max: 60' 4. Building Stepback: Not mandatory 5. Street Wall Frontage: 50% Min 6. Setbacks: Street Min: 11'* Street Max: 20' (*(i~)~~~;~-~3~~~ O~n Space Requlremeni: NjA 7. 8. Primary Land Uses: Retail: 50%Max ~~: Wa~~~~-hM-- Parking Regulations 1. Parking Locations: Any, except in front of building Section Vie" 2. Non-Residential Parking: Min: 2 spaces/l,OOO sf Dnsite Min: 50% SummaI)' sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. Plan He" Public Review Draft a - //).1 UC-17 narborvlew lllIorth Urban Regulations 1. Floor Area Ratio: Min: 1.0 Max: 2.0 2. Lot Coverage: Min: N/A Max: 80% 3. Building Height: Min: 18' Max: 45' 4. Building Stepback: Not mandatory 5. Street Wall Frontage: N/ A 6. Setbacks: Street Min: 10' Street Max: 20' ~ .. ~ . ~ "' .. 7. 8. Open Space Requirement: 200 sf/du Primary Land Uses: Residential: 100% Max Parking Regulations 1. Parking Locations: Any 2. Residential Parking: Min: 1.5 space/du Guest: 1 space/l0 du Onsite Min: 100% ~ 'iiI .. "'. ~. ~I ~I . . Ii .~ '<0 I~ o .... ~~e.elu'?I<<llJ \W*\~ I ~v.. ~I~-KU. ~ fIll'K 1'!)" Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria_ d.-/~F Public Review Dl'Blft UC-18 I: Street Gateway, j ~ . ~ ~ ~ '" ~ o :;; '" .,. .....tp, I L, , i I , u Urban Regulations 1. Floor Area Ratio: Min: 1.5 Max: 3.0 2. Lot Coverage: Min: 50% Max: 70% 3. Building Height: Min: 45' Max: 120' 4. Building Stepback: Not mandatory S. Street Wall Frontage: 50% Min 6. Setbacks: Street Min: 11'* Street Max: N/A (* Applies onr along E Street between ,- and 300 east of /-5) 7. Open Space Requirement: Nj A 8. Primary Land Uses: Retail: 20% Max Hospitality: 100% Max A\1Y MS Ill€,fHiftV Parking Regu}iitlons 1. Parking Locations: Any 2. Non-Residential Parking: Min: 2 spacesj1,000 sf Onsite Min: 100% Section Vie" ~ ~eilli- ~\)\~~ ~ ~l~M. ,Si) ~11 1>0' Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. Plan V ic" Public Review Draft cJ.- /~ 1 UC-19 reaster School O\V Urban Regulations 1. Floor Area RatIo: Mln: N/A Max: 1.0 2. Lot Coverage: Mln: N/A Max: 70% 3. BuildIng HeIght: Min: 18' Max: 45' 4. BuildIng Stepback: Not mandatory 5. Street Wall Frontage: 50% Min 6. Setbacks: Street Min: 15' Street Max: N/A 7. Open Space ~equlrement: N/A 8. PrImary Land Uses: Public/Quasi-Public: 100% Max Parking Regulations 1. ParkIng LocatIons: Anywhere on-site 2. Non-Resldent/al ParkIng: Min: 2 spaces/l,OOO sf Onsite Min: 100% Street Sidewalk f ~ ' Q, ~I c :!' ~i , -------....-....- Summary sheet does not reflect al/ regulations that may apply to each property. Please consult the remainder of the chapter for al/ criteria. ot-j30 Public Review Draft C-) Third Avenue South (Neighborhood Transition Combining District) :j.- Urban Regulations 1. Floor Area RatIo: Min: N/A Max: 1.0 2. Lot Coverage: Min: NjA Max: 70% 3. BuildIng HeIght: Min: 18' Max: 60' 4. Building Stepback: Not mandatory 5. Street Wall Frontage: 50% Min 6. Setbacks: Street Min: 10' Street Max: 20' Neighborhood Transition: See Section 1). for additional setbacks for parcels adjacent to R-l and R-2 districts 7. Open Space Requirement: N/A 1- .J>V-'\ . / E '" :1' ~ o '" 8. Primary Land Uses: Retail: 100% Max est of Third Avenue) Office: 100% Ma ast of Third Avenu ~..d\.~ ~~ ~~i"!"- Parking Regulations 1. Parking Locations: Anywhere on-site '" ... /;eetioll Vi"" 2. Non-Residential Parking: Min: 2 spacesjl,OOO sf Onsite Min: 50% Street Sidewalk ('""f- "Ii ~ ~ o 01 Summary sheet does not reffect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. Plan \ ii,,, Public Review Draft d-/3/ l: ~ J: ~ ~ to .. :Ii ~ '" " C-2 Broadway South DlZ Urban Regulations 1. Floor Area Ratio: Min: N/A Max: 1.0 2. Lot Coverage: Min: 35% Max: 75% 3. BuildIng HeIght: Min: 18' Max: 45' 4. BuildIng Stepback: Not mandatory 5. Street Wall Frontage: 50% Min 6. Setbacks: Street Min: 10' Street Max: 20' 7. Open Space Requirement: N/A 8. Primary Land Uses: Retail: 50% Max Office: 50% Max e-a~ ~,~ Parking RegUlations 1. Parking Locations: Anywhere on-site 2. Non-ResIdential Parking: Min: 2 spaces/l,OOO sf Dnsite Min: 50% Street . -1 ). .t; ~ ~ ~ Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. c1-/~ Public Re\'lew Draft C-3 Broadway North t .. :t: ~ :c to '"' ... ~ :t: .~ :; io ... Urban Regulations 4. 5. Floor Area Ratio: Min: NjA Max: 1.0 Lot Coverage: . ~ ~ '. Min: 35% Max: 75% tW' lWt~ # ~,L,,", :~~:d~~~ Height: Max: p ~I ~ If .~;~;sO~\~ ~ .&~'" BUilding Stepback: Not mandatory ~v.'0Vc- Street Wall Frontage: 50% Min 1. 2. 3. 6. Setbacks: Street Min: 10' Street Max: 20' 7. Open Space Requirement: N/A 8. Primary Land Uses: Retaii: 50% Max Office;.50% Max Parking RegUlations 1. Parking Locations: Anywhere on-site Section View 2. Non-Resldentlal Parking: Min: 2 spaces/l,OOO sf Onsite Min: 50% Street Sidewalk (I ~ : ~I ~ o '" Summary sheet does not reflect all regulations that may apply to each property. Please consult the remainder of the chapter for all criteria. Plan lie" Public Review Draft 02.-/33 VII. Development Design 6uidelines A. Introduction and Background B. What is Urban Design? C. How to Use the Design Guidelines D. Vii/age District E. Urban Cor/!! District F. Corridors District G. Special Guidelines VII-1 VII-4 VII-4 VI/-5 VII-51 VI/-79 VI/-111 PUblic Review Draft c2.-/3f ~~ ~'\> ef f/\ ~ ~J(, G~ ~~~ ~\V\ ~~.~1) . CII .~ (JI>' ~- ,.~tlo '9~' t1-\11 tfI'''' \ VI ,...:'( ~r.;~. J.... Core, the guidelines for the Village stress pedest 'an-oriented site planning and building design, including requiring upper floors 0 step back to allow sunlight to reach the streets below, The section also co entrates on preserving the historic fabric of the area, including providing gui nee for those who wish to renovate or add on to existing buildings and pro ting design compatibifity between infill structures and surrounding buildings. d. Special Guidelines b. Urban Core District The Urban Core District will serve as the primary busi ess, commercial, and regional center of Chula Vista. This section focuses on accommodating mid- to high-rise development while encouraging an active treet life. Specifically, the design guidelines support the development of ground floor retail uses along i."l/iiUlt'/lJ)' B.ld H Stree uch guidelines help ensure that the U 'ns a comfortable ronment for pedestrians to shop, dine, and recreate, In light of the intensity of land uses and need for parking in the area, this section contains a special section devoted to the design of parking structures. c. Corridors District In contrast with the Urban Core and the Village Districts, the Corridors District is oriented towards the automobile rather than pedestrian traffic. Sections of . Broadway and Third Avenue are characterized by minimum ten-foot setbacks, one or two-story structures, and a h~ percentage or retail, service, and office development. The guidelines in this section focus on promoting quality and diversity in new commercial and residential development and safe and efficient parking and circulation, This section provides supplemental guidelines for hotels and motels, mixed- use projects, and multi-family residential projects to provide further site design considerations based on their individual uses. Sustainable design recommendations for all project ~ es are also discussed, .,1 ~ eVo ~!t) ~/~'<J I ~,,~. ~ Public Review Draft c1-/.3C Public Review Draft 2.20.08 d-/3t> D. Village District 1. IntroductIon - The purpose of this section is to . d~ve!Opment and rehabilitation of '::t~:ent deSign guidelines for new private d/St~/Ct The guidelines seek to promote; :mmerCial structures In the Village ~:,.thhj~h quality residential and commercial :~~ .. In a sma/Hown atm . include groundfl osphere. Guidelines ~~:f~~~~~~ ~bOVZ~~:~/~~~~~~:~~~:C:::'~ .. DCUS Is on entl}'Ways acces pedestrian orientation G ' s, and guider . eneral architectural intern~~~~:.hOUld be followed regardless of the " Avenue IS the heart of Clwla \I<;,ttl -1~J ~ON (iHAA\iItf:l lJi~I4\(;i') q,~w..O -HJtVJ be, ~ <?(J~"'7/.:'.r ON ~ N ~ -1loH IZ-D H1@Jut '~I(),It~ @tz-V ~~WN ( ~ G7 ') ~\~~ ~ <3f~M-- \.t1StoV.-lV A~D D&S'II9tN tJ~?I-\1 '\~" Of ~{> ;nl'1't \ N- +IDS s\JB.... SW-tlOt1 1I1~ to 11~ ~-r V ~o J ~p::j ~O~& ~~ ?t~i#Pi(A) 10 ON f' 1J]1.....3. 2. Design Principles a. Promote Sound Architectural Practices New infill development and renovation to existing structures must respect sound architectural design practices in order to create a positive ambiance within the Village. The standards contained in this section do not dictate the use of any specific architectural style. !fchitectural standa~ u e the designer in massing, proportion, scale, texture, pattern and line. New creative interpretations of traditional design variables are particUlarly encouraged. b. Retain or Repeat Traditional Facade Components c. Develop a Steady Rhythm of Facade WIdths The traditional commerciaVmercantile lot width in the Village area has given rise to buildings of relatively uniform width that create a familiar rhythm. This is particularly visible on Third Avenue. This pattern helps to tie the street together visually and provides the pedestrian with a standard measurement of his progress. Reinforcement of this facade rhythm is encouraged, in all new buildings, even if a singular structure. ),-/31 Public Review Draft: Public Review Draft d. Create a Comfortable Scale of Structures All buifdings must convey a scale appropriate for pedestrian activity. Human-scaled buildings are comfortabie and create a friendly atmosphere that respects the traditional scale of the Village while also enhancing its marketability as a retail and office area. For the most part, this means two- to three-story development at the back of the sidewalk, particularly along Third Avenue. e. Support Pedestrlan-Orlented Activity at the Sidewalk and Amenity Areas The activities that occur immediateiy inside the storefront and along the building frontage, particularly along Third Avenue, are an important design consideration. Structures can provide visuai interest to pedestrians through goods and outdoor activities. Therefore, building design elements shouid be iocated in a way that enhances pedestrian visibility of goods and activities, and they should be kept free of advertising and- non-product related clutter (e.g. backs of display cases, etc.), to the greatest extent possible. ,\1. !l!lJ:jI'la\!in88"3tt>\"'I.e:f~~ \IIllll-t J;lf'"clear, transparent glass also instills a sense of safety for pedestrians since they sense that employees and patrons are monitoring the sidewalk. In contrast, storefronts with blank or solid opaque walls degrade the quality of the pedestrian experience and are not permitted. ~ - J.3~ _1) .).. - /.31 3. Site Planning a. Introduction New infill buildings should reinforce the pedestrian-orientation of the Village by providing storefronts next to the sidewalk and locating parking areas away from the street. b. Building Siting The first floor of any new building should be built at (or very close to) the front property line, particularly on Third Avenue. The front building facade should be oriented parallel to the street. BUildings should also be placed on the setback line along alleys. Building indentations that create small pedestrian plazas along the streetwall, particularly along Third Avenue, are encouraged. Front setbacks should accommodate active public uses s.uch as outdoor dining and therefore should use hardscape and limited landscaping, such as potted plants and flower beds. Provide additional setbacks at public plaza areas. Buildings on corners should include & storefront design features on at least ~ "1.5'"70 of the side street elevation wall. Entries that face onto an outdoor dining opportunity are encouraged. Retain existing paseos when possible. Create additional pedestrian paseos and linkages to parking lots, activity areas, or alleys within the middle one-third of a block. In no case should historic structures be modified to achieve this particular guideline. BUildings situated facing a plaza, paseo, or other public space are encouraged. Public Review Draft 8) Loading and storage facilities should be located at the rear or side of buildings and screened from public view. c. Street Orientation 1) Storefronts and major building entries should orient to Third Avenue, F Street, courtyards, or plazas, although minor side or rear entries may be desirable. 2) Provide corner 'cut-offs" for buildings on prominent intersections. 3) Create continuous pedestrian activity along public sidewalks in an uninterrupted sequence by minimizing gaps between buildings. 15"1 4) Any building with more than;L25" of street frontage should have at least one primary building entry. f~&~i d. Parking Orientation 1) Locating parking lots between the front .-property line and the building storefront is l~lreRtfly g.'Beel:l.-a~d. Instead, parking lots should be located to the rear of buildings, subterranean, or in parking structures. 2) Rear parking lots should be designed and located contiguously so vehicles can travel from one private parking lot to the other without having to enter the street. This may be achieved with reciprocal access agreements. 3) Locate rear parking lot and structure entries on side streets or alleys in order to minimize pedestrian/vehicular confficts along Third Avenue and F Street. 4) Create wide, well-lit pedestrian walkways from parking lots to building entries that utilize directional signs. Public Review Draft J-N/J Rear parklll~ lots should be contlguolJs Lmlf. jJdrklnJ, an as to major bill/dIn;; rear entrances IfSIflj;. textured pa'Vl/)j'. B) Allmechanicalequipment, whether mounted on the roof, side of a structure, or on the ground shall be screened from view (CVMC 15.16.030). Utility meters and equipment should be placed in locations which are not exposed to view from the street or should be suitably screened. All screening devices are to be compatible with the architecture, material and color of adjacent structures. f. Site Amenities Site amenities help establish the identity of a commercial area and provide comfort and interest to its users. Individual site amenities within a commercial setting should have common features, such as color, material, and design to provide a cohesive environment and a more identifiable character. 1) Plazas and CourtYards a) Plazas and enCouraged developments ove t are strongly c al tJ~t b) Physical access should be provided from shops, restaurants, offices and other pedestrian uses to plazas. C) A majority of the ~ross area of thf> o/az'!. ~hould have access to sunli~ht for the duration of daylight hours. d) Shade trees or other elements providing relief from me sun should be Incorporated wll1Tlll fJ15zas. - e) EntrieS to the plaza and storefront entries within the plaza should be well lighted. f) Architecture, landscapIng elements, and publiC art should be Incorporated into the plaza design. Publle Review Draft 2.20.06 c1- / yl e. BuildIng MaterIals and Colors The complexity of building materials should be based on the complexity of the building design. More complex materials should be used on simpler building designs and vice versa. In all cases, storefront materials should be consistent with the materials used on the applicable building and adjacent buildings. The number of different wall materials used on anyone building .. should be kept to a minimum, ideally two. The foJ/owing materials, including but not limited to, are considered appropriate for buildings within the Village: 1) Approved Exterior Materials .<J . ~a~ (smooth or textured) . . Smooth block . Granite . Marble . New or used face-brick . Terra Cotta & ~V . If" ,,'J ~~ , 'I"{, "C'llAc' I,p'.n "q., \iJoOW--- Accent Materials Accent materials should be used to highlight building features and provide visual Interest. Accent materials may include one of the following: ([ WO~ . Glass . Glass block (storefront only) . Tile (bulkhead) . New or used face-brick . Concrete . Stone . Copper . Cloth Awnings . Plaster (smooth or textured) Painted Metal . Wrought Iron . Cut stone, rusticated block (cast stone) . Terra cotta 'LJ Public Review Draft 2.20.86 ~- /7~ q< ;Y I{J 0 r V;,.,IV Rooftops . Standing seam metal roofs . Class "A" composition roof shingles (residential application only) . Crushed stone . Built up roof system . Tile . Green roofs 2) Prohibited Exterior Materials Walls Io:~ ~ VII't-t6oIA\..S_ . Reflective or opaque glass at ground floor . Imitation stone (fiberglass or plastic) . "Lumpy" stucco . Rough sawn or "natural" (unfinished) wood . Pecky cedar . Used brick with no fired face (salvaged from interior walls) . Imitation wood siding . Plastic panels -IM~~I-tEt;:, 3) '~GBblriiged xterior Materials . Heavily tinted glass . Vinyl siding 4) Exterior Color a) It is not the intent of these guidelines to control color, however several general guidelines should be applied: . use sUbtle/muted colors on larger and plainer buildings; . use added colors and more intense colors on small buildings or those with elaborate detailing; . encourage contrasting colors that accent architectural details; . encourage colors that accent entrances; . in general, no more than three colors should be used on any given facade, including "natural" cola!) such as . unpainted brick or ston,e."1 WS" ~Uftlc;>tJ ~p.Jtftl~ ~'Vdc '6\)ll-tlt~GtS. Public Review Draft ~-J1-3 f,'I1wP. @ , ~ c,fI~ 'r.>~ ~ . ~ using more than one vivid color per building; and . avoidusingcolorsthatarenotharmonious with colors found on adjacent buildings. Light colored base walls of buildings and other large expanses are encouraged. Soft toneUl!f}S!Q$ trom white to very light pastels are ~~fJ8als such as off-white, beige and sand are also acceptable colors. PRRK (!9LCAS €...LU Iile ApfH'P--i Finish material with "natural" colors such as brick, stone, copper, etc., should be used where practicable. d) Exposure to the amount of sunlight can change the appearance of a paint color; therefore, paint chips should be checked on both sunny and cloudy or foggy days. e) The orientation of a building (north, east, south, west) affects the appearance of colors. Colors on south and .west facades appear warmerthan if placed on north or east sides. f. ~ ~(!.f>t~e5MJt> aL.L'tHI6 1) .'.mtfit' ~';~de a dramatic architectural element on many buildings in the Village, particularly in the Civic Center area. Arches should be semi-circular or slightly flat. Parabolic arches are discouraged. A~e.s Care must be taken that ArilRS. appear authentic. The integrity of an arch is lost when its mass is not proportional to its size. Columns must relate in scale to that portion of the building that they visually support. Columns should be square, rectangular or round, and appear massive in thickness. The use of capitals and column bands are strongly encouraged. f~ <!PW14~S ~~17 ~G A'401~C. Public Re"lew Draft Public Review Draft 2.20.08 ~ -/15: Not aooeptabJe 4) A base should be incorporated at the bottom of the column. The column height should be four to five times the width of the column. 5) To enhance the pedestrian realm, arcades, arches, and canopies are encouraged along ~f? west and south facing facades. g. Roofs and Upper-Story Details 1) No roatl/ne ridge or parapet should run unbroken for more than 75 feet. Vertical or horizontal articulation is required. 2) The visible portion of sloped roofs should be sheathed with a roofing material complementary to the architectural style of the building and other surrounding buildings. 3) Radical roof pitches that create overly prominent or out-of-<;haracter buildings l~iir~'a'lr = ~ = = = i " .. ifiii such as A-frames, geodesic domes, or '~all r.Qj~D,' 'llal~ chalet-style buildings are ,n.:" _:1. ,-"-}!.j't,,,='!n. _. . ... ... Dls...":UJV ~€:/). ~r~r, " f\;'fr-'r:',.,.;-::FirilijoTlj 11 'LJ;J..... '1..........11' _.#l'_.JI__J. ..IIL_J 4) Access to roofs should be restricted to +- ... .... -+- interior access only. 5) Rooftops can provide usable outdoor space in both residential and commercial developments. 6) Roof-mounted mechanical equipment should be screened by a parapet wall or similar structural feature that is an integral part of the building's architectural design. 7) Building vertIcal focal elements are "encouraged, especially at key Intersections iO such as Third Avenue and E Street, which are pnmary entrances to the Vilfai!e District. TOwers, soires. or dnmp~ hplYlme landmarks and serve as focaVorientation Doints forthe ciir;munity. Public Review Draft 2) C%r and Lilthtinlt The color(s) used by franchise/corporate buildings should be considered carefully since they may be inappropriate within the Village. Below are standards that should be considered when addressing appropriate c%r(s) and lighting: a) Use colors that complement colors found on adjacent buildings or in the Village area. b) Franchise/corporate colors should be consistent with the architectural style or period of the building. c) Bright or intense colors are strongly discouraged, unless used on appropriate architectural styles and reserved for more refined detailing and transient features. d) The use of symbols and logos can be utilized in place of bright or intense corporate sglors. e) Lighting of logos should be compatible with the primary building and respect adjacent buildings. Bright and intense lighting is strongiy discouraged. f) Neon outlining should be consistent with the architectural style or period of the building and should be reserved for detailing and transient features. The use of bright and intense neon outlining of windows is strongly discouraged. ~) ~~~{ko..t NW~, ~~~~{l.~ \~ ~\Gl~ ON ~ /f ~tz.t> ~~IUt€- ~ 1)wht>ItJA-11 ~~W-t> ie ?1'l85e'- 'oj. d. - F!-4 The storefront is only one of the architectural components of the commercial facade, but it is the most important visual element for a building in the Village. It traditionally experiences the greatest degree of change during a building's lifetime and further holds the greatest potential for creative orpooralterationsaffectlngboth the ': character of the building and the streetscape. i Traditional storefronts are comprised of a few I .. --J decoratIve elements other than simple details that repeat across the face of the building (e.g., structural bays containing window and door openings, continuous cornice line, transoms, bulkheads) and integrate the storefront into the entire building facade. Windows and facades that are open to the publicrealm are also encouraged to take advantage of the nice climate. ~ .(\ \1 ~:t!'o 'Q.> ~'\l.. \/.1 '. ~'I' I\. 1fJ 'V/'0 ~ V''' //./ ,ilylf' hi 'U >(JI:(P \ F.,V. j (r ... Q t-'{~v') \~tj'\f , \'J t/'. ".\)\ t/:J 9. ~~MfI\ "\i' ~0f(; >fil\ ?~\(f~ ,p. I:i ~\vt~ is ~ -~-== I, . J]1 II ie' I r"-r-+-j I. j I , 1 ; ~Cornice I I ~-=--~ ..... ~i ~1!] ~...~.....=... '.,1.' ransom WindOW I '~" _c," ,_, ii' : ,~~ Fri: Dispfaywindow _.~--" -~ -~, If ! Ii '11 1 .. 'I~-" I, ...:: -..... P ! j; ~ Bulkhead -.... ,I~"" Pier .... ... ~,.,,",. Recessed entry door 5. Storefront Design Guidelines a. Introduction b. Storefront Composition 1) Entries and Doorways a) The main entry to buildings in the Village should be emphasized by utilizing one or more of the followIng design elements or concepts: . Flanked columns, decorative fixtures or other details, including a recessed entryway within a larger arched or cased decorative openIng. The recessed entryway should be continuously and thoroughly Illuminated. . Entryways should be covered by a portico (formal porch) projecting from or set into the building face, and distinguished by a change in roofline, a tower, or a break in the surface of the Subject wall. ,01L--- b) Height exceptions may be allowed consistent with CVMC 19.16.040. c) Ail entryways should be equipped with a lighting device providing a minimum ~-/11 Public Review Draft 2.20.08 6. BuildIng AddItIons and RenovatIon GuIdelines a. Introduction The renovation/restoration of older commercial structures provides an excellent means of maintaining and reinforcing the traditional character of the Village. Renovation and expansion not only increases property values in the area but also serves as an inspiration to other property owners and designers to make similar efforts. When an applicant proposes a renovation of or addition to an existing structure, the work should respect the original design character of the structure. The appropriate design guidelines in this section are to be implemented whenever a structure is to be renovated or expanded. In addition, renovation of all structures of historic ignificance should follow The Secretary of e Interior's Standards for Rehabilitation and G idelines for Rehabilitating Historic Buildings, pu lished by the U.S. Department of the Inte 'or, National Park Service (Available on the web at: http://www.cr.nps.gov/hps/tps/taxj rhb) he City I'..e. ~ Iv becom~a Certified Local ... Government, the implementation procedures should be applied as appropriate to new in fill development in the Village. b. Preserve Traditional Features and Decoration C>J'.1 G.L1IIU. c'''_.'..g materials, details, proportions, as well as patterns of materials and openings should be considered when any additions or building renovations would affect the appearance of an existing building's exterior. Public Review Draft: Public Review Draft Bmi Original Not aCCeptable. ... NOt ._bIe . alunilh:um,caseineot tJIoCked.lip 4) If the original window openings have been altered, the openings to their original configuration and detail should be restored. Blocking or filling window openings that contribute to the overall facade design should be avoided. 5) When replacing windows, consideration should be given to the original size and shape detailing and framing materials. Replacement windows should be the same operating type and materials as the original window. J f t:c..-::: /~~J /' </: f. Door Replacement 1) 2) g. Awnings 1) Originai awning hardware should be used if it is in working order or is repairable. 2) The traditional canvas, slanted awning is most appropriate for older storefronts and is encouraged over contemporary hooped or box styles. h. Painting Painting can be one of the simplest and most dramatic improvements that can be made to a facade. It gives the facade a well-maintained appearance and is essential to the long life of many traditional materials. 1) All the facade materials to be painted should be catalogued. Materials of different properties may require different paints or procedures. Consult a local expert for advice. J. SeIsmIc RetrofittIng Where structural improvements for seismic retrofitting affect the building exterior, such improvements should be done with care and consideration for the impact on appearance of the building. Where possible, such work should be concealed. Where this is not possible, the improvements should be planned to carefully integrate into the existing building design. Seismic improvements should receive the same care and forethought as any other building modification. An exterior building elevation may be required with seismic retrofit submittals, showing the location and appearance of all such improvements. ~~ VJ,~~fltf~~~ \l-Ism-ic.>. "\3\.HI-D~\L(,6, ." o ~J.lf <Slf \N.~\~tz- :5toUl.t>,L.R.p$. ~~IZ- ~ ~ ~, I Public I!evlew Draft ~ - /60 3. Site Planning B. Introduction Siting Involves a project's relationship to the property, the street, and adjacent buildings. In the Urban Core, buildings should be sited In ways that provide a comfortable and safe environment for pedestrians while accommodating vehicles. b. Building SIting 1) Most ofthe building .streetwall. should meet the front setback lines, except for special entry features, architectural articulation, and plaza areas or other pUblic spaces. 2) Setbacks should be dedicated to plazas that focus on hardscape rather than landscaping and should be of sufficient size to increase function and accessibility. 3) Locate loading and storage facilities away from the street and screen from public view. 4) Walls and fences should be integrated with the overall bUilding design. c. Street Orientation 1) Storefronts and major buildingentriesshould orient to Broadway, H Street, courtyards, or plazas, although minor side or rear entries may be desirable. 2) Any building with more than 125 feet of street frontage should have at least one primary building entry. 3) All iill:'t":8 fJC.dtdll~ses with street level, exterior exposure should provide at least one direct pedestrian entry from the street. 4) Any dro(HJff areas along Broadway and H Street should be limited. - Preferred building siting in the Urban Carr:: BLj(. tf~ / - Publle Review Draft 2.20.08 02 -/5'"/ 1.) Plazas and Courtvards a) Plazas and courtyards within commercial developments over ~ acref afe strongly encouraged. e'fYJ l7 b) Physical access should be provided from retail shops, restaurants, offices and other pedestrian activity generating uses to plazas. c) A majority of the gross area of the plaza should have access to sunlight for the duration of daylight hours. d) Shade trees or other elements providing relief from the sun should be incorporated within plazas. e) Entries to the plaza and storefront entries within the plaza should be well lighted. f) Architecture, landscaping elements, and publiC art should be incorporated into the plaza design. g) Plazas and courtYards should include a focal element of sculpture and/or water feature, simple plants and simple sitting niches. h) Seating should be provided in plazas. Where applicable, plaza users should be provided with a choice between active and passive seating. i) CourtyardS should be designed to provide both visibility and separation from the street, parking areas, or drive aisles. j) Common open space should be provided in large, meaningful areas and should not be fragmented or consist of "left overn land. Large areas can be imaginatively developed and economically maintained. o<-Iocfl... Public Review Draft 2,20."6 c. Facades 1) The physical design of buildings facades should vary at least every 200 linear feet (half block). This can be achieved through such techniques as: . division Into multiple buildings, . break or articulation of the far;ade, . significant change In facade design, . placement of window and door openings, or . position of awnings and canopies. 2) Bay windows and balconies that provide usable and accessible outdoor space for residential uses are strongly encouraged and may project beyond building setback lines. 3) Awnings and overhangs shOuld be used In conjunction with street trees to provide shade for pedestrians. 4) The predominant difference between upper story openings and street level storefront openings (windows and doors) should be maintained. Typically, there Is a much greater window area at the storefront level while upper stories have smaller window openings. Residential buildings should have entrances . to facilitate pedestrian activity and Increase security through more "eyes on the street. . Building Materials and Colors 1.) Bui/dinE! Materials Building materials will Incorporate two aspects: color and texture. If the building's exterior design Is complicated with many "Ins and outs" (extensions of wall far;ade, etc.), columns, and design features, the wall texture should be Public Rel'lew Draft 2.20.08 c2.-/LJ3 Desirable bUildIng maSSing has both horIZontal and vertical artIculatIon Smaller architectural elements on large buildIngs acid pedestrIan scale Design projects to facilitate social support and effective surveillance simple and subdued. However. if the building design Is simple, a finely textured material, such as patterned masonry, should be used to enrich the building's overall character. The following lists suggest those materials that are "encouraged" and "discouraged" for use in the Urban Core: a) Approved Exterior Materials o Masonry, including granite, marble, brick, terra cotta, and cast stone o Glass, which must be transparent on ground floors o Archit tural Is, including metal panel s metal sheets with expressed s, and cut, stamped or cast, or mental etal panels. o New or used face-brick o Copper o Painted Metal o Wrought Iron tiJl Discouraged Exterior Materials o Imitation stone (fiberglass or plastic) o Textured, treated, decorative concrete o "Lumpy" stucco o Rough sawn or "natural' (unfinished) wood o Used brIck with no fired face (salvaged from Interior walls) o Imitation wood siding o Plastic panels 2) Exterior Color The type of color depends on the size of the building and level of detail. Larger and plainer buildings should have subtle/muted colors while smaller buildings or those with elaborate detailing should have more Intense colors. Stronger colors should emphasize architectural details and entrances. Public Review Draft 2.20.06 5. Storefront Des;~n a. IntroductIon Ground floors have typically been designed to be what is now referred to as a "tradItional" storefront and sales floor. Upperfloors commonly were used for office space, residential units, or storage. If retail uses are not approprIate for a particular building, ground floors should contain other active uses such as a health club, community center, orresidentialcommon areas. The ground floor should have transparent and open facades and avoid blank walls wherever possible. b. Storefront CompositIon .1) Entries and DoolWavs a) The -main entry to buildings should be emphasized through flanked columns, decorative fixtures, a recessed entryway within a larger arched or cased decorative opening, or a portico (formal porch). b) Buildings situated at a corner along . __ Broadway and H Street should provide a G1 ')V prominent corner entrance to street level shops or lobby space. 2) Awnimls an~ CanQP!We S a) AWnings;$hou~e provided aiong south and west facing buildings to enhance the pedestrian experience. b) Where the facade is divided into distinct structural bays, awnings should be placed between the vertical elements rather than overlapping them. The awning design should respond to the scale, proportIon, and rhythm created by the structural bay elements and should "nestle" into the space created by the structural bay. Awnmgs should nestle mto the space created by a structural ""lY Public Review Draft 2.20.060< - J~ 5) Parking structures below or above ground level retail or commercial uses are encouraged since they allow for pedestrian activity along the street while providing parking convenient to destinations within the Urban Core. c. Access and Entries 1) Locate parking lot and structure entries on side streets or alleys to minimize pedestrian/ vehicular conflicts along Broadway and H Street. If this is not possible, use patterned concrete or pavers to differentiate the primary site entry from the sidewalk. Effects on adjacent residential neighborhoods also need to be considered in site access and entries. 2) Parking lots and structures adjacent to a pUblic street should provide pedestrians with a point of entry and clear and safe access from the sidewalk to the entrance of the building(s). 3) Pedestrian and vehicular entrances must be clearly identified and easily accessible to create a sense of arrival. The use of enhanced paving, landscaping, and special architectural features and details is required. SpecIal architectural features should help identity vehicular entrances 4) Where possible, use alleys or side streets for access to parking areas.~ ~'\Nl:>Jt:/1 t!\X(f<\'<; Ojl alleys for parking access must be balanced ~. I .. .l-\ 1L "'l~j with .other ~?~mon uses ~f alleys, inClud~ng O\~ ~\)\~~t~ \7l(4A~ . servIce, utilitIes, and loadmg and unloadmg 1\11. 'f 1\'\YlfiiVl',f>-( musT \ \0-1lJ\fl(llIVru;lJ-' areas. ((1\ B~ (!M~iltPivu' d. Ughtlng LIghting for parking lots and structures should be evenly distributed and should provide pedestrians and drivers with adequate visibility at night. PUblic Rel'iew Draft 2.20.06 cJ.- JSI,. 9. Signs B. Introduction Design, color, materials, and placement are all important in creating signs that are architecturally attractive and integrated into the overall site design. SIgns that are compatible with the surroundings and which effectively communicate a message promote a quality visual environment. The guidelines that follow address these issues : ,\ and others, and are intended to help business I \\ owners provide quality signs that add to and ;J\V u ort th cter ofthe Urban Core DIstrict. /::. :.J They are not intended to superse e any ex s mg .; i i 1 City sign ordinances. All signs must comp w ""'. <Kill .liJ t e regu a 10 contained in the Chula Vista ,l(' / ,\ / Municipal Code unless as indicated within the LX '. specific plan, in which case the specific alan will Lake precedence. b. General Design Guldelines-' Goodsigns communicate their message well, are easily seen by people, and relate harmoniously to the building they are placed on or near. The following guidelines gIve criteria for creating well-<:Jesigned signs. 1) Sign colorshould be compatible with buildIng colors. A light background matching the building with dark lettering is best visually. While no more than two primary colors should be used on a sign, a thIrd color can be used for accent or shadow detail. 2) SIgns should be consIstent wIth the proportion and scale of building elements withIn the faQade. The placement of sIgns prOVides vIsual clues to business location and affects the design integrIty of the entire buildIng. Public Review Draft 2.20.06 . /) \ I j \~\W~~I ThiS highly effective sign IJses OJ light background with dark lettering. Extemaf fixtures are.w effectne method for IlIummatmg signs c1.-/S'7 such as A-frames, geodesic domes, or chalet~tyle buildings are not permitted. 7) Roots with large overhangs featuring open rafters/tails are encouraged. 8) The visible portion of sloped roots should be sheathed with a roofing material complementary to the architectural style of the building and other surrounding buildings. 9) Access to roots should be restricted to interior access only. 10)Screening for roof-mounted mechanical equipment should be an integral part of the building's architectural design. l1)Buildlng vertical focal elements are encouraged. Towers, spires, or domes become landmarks and serve as focaV --Orientation points for the community. e. Walls and Fences 1) Walls and fences should be kept as low as possible while performing their functional purpose to avoid the appearance of being a 'fortress'. Vented screen wa/J An appealing roof design should be used to screen mechanical eQHfpment Vert.cal elements such as a towc:r arc encouraged 2) Colors, materials and appearance of waifs and fences should be compatible with surrounding development. Opaque materials, such as plywood bo~rds, and '" ,. ii ' ,,' A4?t sheet metal, are not permitted. FO.,;;OI G~AI/. VliIJ" f4U(:135 ~ ~ err \:Q, tJ-l1fW' 3) Perimeter waifs should be constructed of decorative masonry block or similar material. The use of chain link fenCing is not permitted. 4) Landscaping, partIcularly vines, should be used to soften otherwise blank waif surfaces and to help reduce graffiti. Public Review Draft 2.20.06 c2-/S? with little or no parking; and then parking aisles for direct access to parking spaces. 7) Parking areas should be separated from buildings by a landscaped strip. Conditions where parking stalls directly abut buildings should never be permitted. 8) Lighting, landscaping, hardscape, fencing, parking layout and pedestrian paths should all contribute to the strength and clarity of the parking lot. 9) Bicycle parking should be provided at each development and should be easily accessible and integrated into the overall site design. c. Access and Entries 1) Locate parking lot entries on side streets to minimize pedestrian/vehicular conflicts along Broadway and Third Avenue. 2) Parking lots adjacent t/r-a public street should provide pedestrians with a point of entry and clear and safe access from the sidewalk on Broadway, Third Avenue, or side street to the entrance of the bullding(s). 3) Pedestrian and vehicular entrances must be clearly identified and easily accessible to create a sense of arrival. The use of enhanced paving, landscaping, and special architectural features and details is encouraged. 4) Developments should have shared entries when the lot is less than 75 feet wide. 5) Where possible, use alleys or side streets for access to parking areas. The use of aileys for parking access must be balanced with other common uses of alleys, including service, utilities, and loading and unloading areas. ()~ I~>f;, J\V' fj\~;\~V}~-v0 1;/(\ 'f1 ,.t., 101:\ t /VJVI D~ 1 ' fIlY; .~ " ~Jf.,nt'lfJ ~ \)\ >>.'6' \~' j" . ,\f;l'\ ~I>> \\i 't00 Enhanced paving provu!es a sense of amval mto a parkmJ; area Public Review Draft 2.20.08 cJ- J~ 8. Signs a. Introduction These design guidelines are intended to ensure that the Corridors District contains quality signs that communicate their message in a clear fashion and integrate into the surrounding area. Unlike the Village District, signs along Broadway should be dlre,Xted towards vehicles rather than pedestrians. bLl1' ~e '3161 /.tS Il-~ It j\UOWl;D ' The guidelines that follow address these issues and others, and are Intended to help business owners provide quality signs that add to and support the character of the Corridors District. They are not intended to supersede any existing City sign ordinances. All signs must comply with the regulations contained In the Chula Vista Municipal Code unless as indicated within the specific plan, In which case the specific plan will take precedence. General DesIgn Guidelines Consider the need for signs and their appropriate locations early in the design process; and ~- " \ \ \ \ \ , \ 2) The location and size of signs on any building should be proportioned to the scale and relate to the architecture of that partiCUlar structure. J" 3) Oversized and out-of-scale signs are not permitted. / 4) Sign colors and materials should be selected ( 5) to contribute to the sign's legibility. Excessive use of colors is discouraged. .w ------------X) 6) Placement ~",. , a) Signs sJtefffd not project above the edge of the roof/lnes. ~ -;(:.0 Public Review Draft 2.20.06 6) Public or semi-public spaces (lobbies, restaurants, meeting rooms, and banquet- facilities) sited at ground level adjacent to a pedestrian walkway or a major street should use glass and transparent materials between the height of three feet (3') and eight teet (8 ') above the walkway or street grade. 7) Noise attenuation techniques should be ~ Included In the design of buildings near tJof 5 major noise generators (e.g., major streets I I ~b. ~ and 1-5 freeway). TeChnlq~ay Include: \fIlb :\01>1$ ..tI/tI{). double pane glass, berms,~ tree groves ____ ~ t"l\j ~ "at!.... I <;1Vt> over 35' in depr;.b or lowering the grade ,. c#0rli.l\ ~;W'IJJ 4"6 of the subject bur ing below the roadway -J'.{\~ "~i~ 0 elevation. ~l p:;\'IcO ~ '2~] \j'Je ~\JIA1' . ~'H;I\~ ~J~ c. Building Design 1) Allsidesofabulldlngshouldbearchltecturally ~O consistent. 2) At least 25% of the total exterior surface @Iff) D area of the hotel or motel building should be surfaced in masonry or natural stone. 3) Masonry or stone should be applied to logical places on each of the building's facades, and should begin and end at logical breaks related to the structure of the building. A single, OnE~-story high, horizontal "banding" of masonry or stone is strongly discouraged. 4) The remainder of the exterior may be surfaced in stucco, water-managed Exterior Insulation and Finish Systems (EIFS), or Integrally-dyed decorative concrete or ceramic masonry units. Metal or vinyl siding Is prohibited. 5 Significant departures from standardized architectural "themes" intended to market or brand a hotel or motel building, such as Swiss chalets or castles, is prohibited. Public: Review Draft 2.20.06 cX- /~/ 3) Pedestrianconnectionsbetweencommercial and residential developments should be active and friendly. 4) Large blank walls should not fase illterl9r '\<ellkWil:l'5. ~ ~. d. Special Requirements ~) Neighborhooc:H;erving uses (such as full-service grocery, drug, and hardware stores) are encouraged in mixed-use developments. 2) Loading areas and refuse storage facilities should be located as far as possible from residential units and should be completely screenedfrom view from adjacent residential portions of the project. The location and design of trash enclosures should account for potential nuisances from odors. 3) All roof-mounted equipment should- be screened. Special consideration should be gIven to the location and screening of noise generating equipment such as refrigeration units, air conditioning, and exhaust fans. Noise reducing screens and insulation may be requIred where such equipment has the potential to impact residential uses. 4) Open space intended for use by "residents only' may not be accessible from commercial areas. Open space and courtyards in commercial areas may be accessible to residential occupants and visitors. 5) ParkIng lot lighting and securIty lighting for the commercial uses should be appropriately shielded so as not to spill over into the residential area. PUblic Re~lew Draft 2.20.06 c1-/~ ~ MOUNTAINWEST _..6>=- REAL ESTATE AUQ -" 0008 August I, 2006 Ms. Dana Smith Chula Vista Redevelopment Corporation City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Ms. Smith, Mountain West Real Estate has been an active member of the Chula Vista community for Over 25 years. Our top priority is to continue developing signature projects that reflect Chula Vista's unique spirit and character. The City ofChula Vista has worked diligently in developing the current Urban Core Specific Plan Draft (UCSP) that is the blueprint for Western Chula Vista and more specifically the Third Avenue Village between E and G streets. This blueprint is a critical document, which will secure the future success and viability of Western Chula Vista. One of the important benefits of this plan is to allow versatility for development and not inhibit heights that would exceedingly prevent creative and effective projects within the Village. In the professional view of Mountain West Real Estate, it is reasonable to maintain the current proposed height limits, thereby allowing the development of future projects <11pporting the quality and character we reserve. We, the city and its residents, must provide the latitude to attract velopers to our core and also to insure the success of these projects. Many benefits of maintaining the UCSP East village lleight limits, VI at 45', V2 at 45', V3 at 84', and V 4 at 60', include: allowing fourteen to sixteen-foot high ground floor retail that will attract a greater spectrum of diversified retail uses; allowing for thirteen to fourteen-foot floor to ceiling floor plans for residential applications such as a loft design, or live/work life styles; building fas:ade applications to incorporate cultural design aspects; open area amenities and the like. As the cost of land within our core and the ever increasing costs of demolishing, rehabilitating and/or constructing new buildings entirely continue to escalate, one of the major mitigating measures is to allow for increased height. Mountain West strongly feels that the increase in height can be done with no loss of community character or benefit, and could add to the ability of a developer to integrate Chula Vista's individuality to any project. Limiting developments to a three-story height limit will critically impact the options for sound development and discourage, rather than encourage, both developers and new businesses to venture within our Village core. It is the encouragement of Mountain West that we address this pressing issue in a timely and objective manner. The city and its residents need to come together and analyze this issue from all viewpoints and develop a solution to ensure the future of our Village. r:r 7J ;- ~ -- { , IJames V. Pieri 'president & CEO Mountain West Real Estate 3~ ,; Street, Suite 6000 Chula Vista. CA 91910 Phone 619.422.8400 Fax 619.422.8100 o1-/~.j www.mountainwestre.com f~ . cllfJ f B/22/ov t>ublf C CcmmeJll ~"""~ -rMA [lSlt I-\col-e~ cc. - Crl-t I-V;!r u::.-/1\/c.c. \\ .' '. :, ~'!:, I , 'c' '-"'" " - -::: ~ T !-1 ~ h [) :\ \ E :\ L E ~- ij~~ ,Ii It' if-I (\ ~ August IS, 2006 THIRD AVENUE VliAGE AsSOC1A TION City of Chula Vista Mayor and City Council 276 Fourth Avenue Chula Vista, CA 91910 272 Third A VOllue ChuJa Vista, CA 91910 (619) 422-1982 Phone (619) 422-1452 Facsimile Dear Mayor and City Council, www.chulavistadowntowncom As you !<now the Third Avenue Village Association supports the redevelopment of the City's "downtown" neighborhoods per the development standards set forth in the current draft Urban Core Spe~ific Plan. In order to encourage the redevelopment and renaissance of the Third Avenue Village, we ask that the City also consider increasing the intensity of allowed development along Third A venue and in the immediately adjacent neighborhoods. This should be done in a way that respects the low-rise scale immediately fronting Third A venue, requires high quality design and materials, and buffers existing single family neighborhoods. 2006 Board of Directors Lisa Moctezuma - President David Hoffman - Vice President Greg Mattson - Secretary Carl Harry - Treasurer Dr. Richard Freeman Glen Googins Michael Green Stan Jasek We have included our recommendation for the uses on the ground floor within the core of the Village. We also ask that the uses in V-I be expanded to include retall (small) with a CUP. We feel that these neighborhoods will be idea for small coffee shops, flower businesses and other businesses that will increase the traffic but may have limited hours of operation and the need for smaller spaces, Lynette Jones Betsy Keller Susan O'Shaughnessy Greg Smyth Stella Sutton We have also included a copy of parking statements for the City staff and consultant to use. We feellhat these are very important to the Village and should be included in future plans for parking within the village. We look forward to further conversation on how to implement the future parking districts. EXECUTIVE DIRECTOR Jack Blakely Attached are also copies of a citizen for redevelopment drive that we held at the recent Lemon Festival. I think you will see that not only the 700 business and property owner,! that we represent but citizens who also share our feelings that want the Urban Core Specific Plan to continue in as quick as possible manner so that the Village can continue redevelopment. Thanks again. SPECIAL EVENTS MANAGER Beth Aodre 2006 Board of Directors EVENTS & RETENTION SPECIALIST Vanessa Barron AoMINISTRATIVE AsSISTANT Diana Fergus c2?'t I CITY OF CHULA VISTA Village Parking District District Management & Parking Study Third Avenue Village Association (T A V A) is forwarding these parking statements to .- the City for use in directing and assisting the selected Parking Consultant and to consider our proposal for a management change. As you are aware, T A V A is very concerned about the existing parking situation within the Third Avenue District and the lack of benefits accruing to the property owners and merchants. The Urban Core Specific Plan (UCSP) identifies the Third Avenue District as the "Village" and our statements below relate to this geographic area only. Below are some general parking and land use statements for the Village and inquiries that we would like the City and the Parking Consultant to be aware of or to address in the course of the study. The statements are not prioritized in the order of importance. ORGANIZATIONAL ISSUES: I) T A V A Board wants to consolidate the existing Parking District with T A V A in order to create financial efficiencies and to provide management and progressive leadership that will benefit the downtown. 2) The creation of the property-based Parking District was to benefit downtown property owners and merchants, to increase sales and activity. The original intent are the same goals promoted by TA VA. 3) The TAV A Board would be in the best position to be the overall "Parking District Advisory Board" for the Village Parking District (VPD) and to provide the lacking leadership, public outreach and education, as well as unique knowledge of the property owners and their operations. 4) A restructuring of the revenue flow would allow TA V A to reinvest the revenues back into improvements and maintenance within the Village Parking District. Initial revenue sharing with the City on a percentage basis for a limited term or immediately allowing the Village Parking District to retain 100% of meter and parking revenue for district marketing, improvements, and maintenance, while allowing the City retains the revenue from enforcement fees, tickets, etc. 5) It is extremely important that the current or expanded Village Parking District remain as a single entity within the UCSP - Village District and T A VA's boundaries and not be enlarged so that it overlaps with other development or parking areas. T A VA =<-/t5' would strongly prefer independent parking districts for the various westside improvement areas and no revenue sharing among the individual parking districts. 6) Assuming the Village Parking District is incorporated and/or expanded into TA V A operations and management the consultant should make recommendations that would address the future responsibilities and functions of T A V A and the City and the cost responsibilities or sharing for operations and maintenance. PARKING STRATEGY ISSUES: 7) What is the acceptable target for on vs. off street parking demands based upon the existing land uses, as well as the future projections? 8) Would "Performance Based Pricing" work in Chula Vista? 9) Analysis on "Charging the right price" for on-street parking considering that parking garages may either be charging or will be constructed in the future? 10) Recommend and/or conduct a series of community parking educational seminar. 11) Develop marketing/parking strategies.. .. .. ..how can we handle this? Consultant should give ideas and implementation techniques. 12) How can City and the TA VA entities develop a program(s) to educate and promote a "Park once and shop twice" mentality. 13) The parking study should identify how the employees park now and develop strategies for the future developments. Provide programs to reallocate employee parking, education, and/or incentives to park in other convenient spaces. Consider providing bus tokens or other monetary incentives to downtown employees to use alternative transportation. 14) Provide analysis of the use of the current old antiquated meters vs. the newer sophisticated meters, costs for operation, setting prices, maintenance, ownership, etc. Also would there be a benefit to providing change machines at various locations? 15) It is assumed that there will be a couple of new parking structures proposed within the Village. . . the study should recommend suitable sites for two small to medium parking structures within the Village or one central larger parking structure. . . .offer pros/cons for each scenario. The study should analyze maximum shopper walking distance to and between the new structures. 16) Consultant should offer recommended timing for the meters, i.e. hour, two or four hour increments by location within the Village. Meter times and prices may be different in certain locations as they are now. 17) Explore "FAR Bonus for public parking" within the Village or the entire UCSP area. 18) Realize and develop parking or storage programs for non-motorized means of travel.....bicycles, ped-cabs, segways, etc. d-/~t.. 19) Review and determine which City policies or ordinances should be updated or developed for minimum parking ratios for all existing and proposed land uses within the Village. 20) Review the UCSP parking configurations proposed for on street parking.. ..i.e. parallel or diagonal parking stalls. 21) Determine and analyze the projected use of the parking structures. Should they be stand-alone behind or above mixed land uses or with commercial uses wrapped around the ground floor? 22) Consider the use or function of a "Validation" program for parking participants..... . shops, restaurants, etc. 23) Consider the implications and merits of a "Neighborhood" parking permit program. 24) Review and analysis of the City's "In Lieu parking fee" program, how it is constructed, how are the funds used? T A V A is requesting that funds generated within the Village should be earmarked (placed in a separate account for the Village only) into a special account for direct use in the Village on parking programs or implementation techniques. 25) Consider the use of parking structures as a community element, in terms of design, color, materials, etc. Consider using the walls or rails as art forms, entrances with sculptures or art pieces,entrance identifications could use tile or color features. Landscaping consideration for the screening or enhancements for the community element. 26) The city to expend as much money on a consultant for the parking study as needed so that the study can be done properly the very first time. =<- It 1 Attached to the Third A venue Village Association letter were 88 public comment cards written in support of redevelopment of Chula Vista's "west side", as described in the Urban Core Specific Plan. d.-It? .. II- GLEN R. GOOGINS. ATTORNEY AT LAW VIA HAND DELIVERY August 21, 2006 Ms. Mary Ladiana Planning Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: Request for Amendment to the City's Draft UCSP to add the Properties Located at 311 throu!!:h 325 G Street to the V-3 West VilIa!!:e Zonin!!: District Dear Ms. Ladiana: As you know, I represent Jose Cortes, owner of the multi-family residential parcels located at 311 through 325 G Street, just east of Third Avenue in Chula Vista (the "G Street Properties"). On July 25th, we met with you and other City staff to discuss Mr. Cortes' request that his G Street Properties be included within the "West Village" V-3 zoning district of the Urban Core Specific Plan. You and other City staff members gave us positive feedback at that meeting that we found encouraging. Last week, after some further analysis, you notified me that City staff was prepared to recommend inclusion ofMr. Cortes' easternmost parcel within the V-3 District. This would.have the effect of "squaring the block" and aligning the V - 3 District boundary along its western edge. You also indicated that you were not prepared at this time to recommend expanding the V-3 boundary to include Mr. Cortes' remaining parcels (one- third of an acre) immediately to the west. As a follow up to these discussions, the purpose of this letter is threefold: (1) to thank you and other City staff for the time, effort and thoughtfulness you've contributed to our proposal to date; (2) to summarize the arguments in favor of our request; and (3) to encourage you to expand your thinking one third of an acre further to the west to include all of the G Street Properties in your recommendation. Towards this end, please consider the following. 1. The existing General Plan and General Plan Update Support Higher Density Development at and around the Site. For 20+ years Mr. Cortes' G Street Properties have been designated "high density residential" per the General Plan. Adjacent properties on both sides of G Street and to CH TEL: 619.'. ~-/~ 9 10 91910 lV@COX.NET Ms. Mary Ladiana August 21,2006 Page 2 of 4 the west, while not yet developed to their full land use potential, have shared this "high density" designation. As a result, under existing land use designations and zoning standards, development at and around the property is already allowed up to a height of 45 feet (or three and a half stories), with an area wide density of up to 27 units per acre. Depending upon the circumstances, individual parcels could even be developed at densities above this level. As you know, the General Plan Update approved by Council in December of 2005 ("GPU") re-designated much of the property immediately to the east of the G Street Properties on Third Avenue as "Mixed-use with Residential." This new designation encourages even higher density residential development in the area by promoting mid- rise development (between 4 and 7 stories) with an area wide average of 40 dwelling units per acre (this is in addition to the allowed commercial square footage). Encouraging a higher intensity ofresidential development on Mr. Cortes' G Street Properties with UCSP zoning would be consistent with both the existing and updated portions 6fthe General Plan. Because of this, Mr. Cortes' request could be accommodated without amending the General Plan or the applicable ErRs. 2. The proposed Urban Core Specific Plan supports higher density multi-family development at and around the Site. The properties immediately to the east and north of the site are proposed for inclusion within the V-3 "West Village" zoning district of the Urban Core Specific Plan. V -3 development standards allow for multi-family and mixed use developments of up to 84 feet with F ARs of up to 4.0. Pursuant to an existing ENA with the City, one developer, Intergulf, is already proposing a mixed use project immediately to the east of the G Street Properties that would make full use of these higher-density development standards. While Mr. Cortes is not currently contemplating a development of this intensity for his site, the flexibility of the V - 3 zoning standards will allow him to maximize the land use utility of the eastern portion of the site while at the same time facilitate a gradual transition of massing downwards to the west so as not to overwhelm existing structures. Nearby UCSP zoning districts--within 2 to 3 blocks of the G Street Properties-- also contemplate higher density developments. These include UC-I (84 foot height limit with a maximum 4.0 F A~), UC-2 (84 foot height limit with a maximum 5.0 FAR), and UC-3 (60 foot height limit with a maximum 3.0 FAR). We believe that it is important for the City to encourage higher density residential development in and around the Village. Expanding the downtown population is a crucial component in making the Village the vibrant and enduring downtown shopping and entertainment district we are all hoping for. The stated vision for the Village zoning districts contained in the UCSP is consistent with this idea. The clear purpose of these =<-/1~ Ms. Mary Ladiana August 21, 2006 Page 3 of4 provisions is to encourage the "smart growth" urbanization of the Chula Vista downtown, bringing vitality to the area, while minimizing, whenever possible, traffic and other adverse impacts on the surrounding neighborhoods. 3. Including the Properties in the UCSP makes it more likely that the Site will be redeveloped in the near term either as a high-quality stand alone project or in combination with the Intergulf development proposed for the Social Security Building. Mr. Cortes has a good relationship with lntergulf(the owners of the Social Security site) and discussions regarding a possible sale or development partnership are ongoing. If an agreement were to be reached, by including the G Street Properties within the UCSP now, the City can eliminate the burden on that development of needing to go "across the line" of the UCSP boundary and making an additional land use entitlement process necessary in order to implement a comprehensive "full block" development at the site. If discussions with Intergulf do not result in a partnership or sale, by including the properties within UCSP now the City can also facilitate a nigh-quality stand alone project. If the City does not include the western half of the G Street Properties within the V -3 District this would leave a competing set of deveJepment standards in place for half of the G Street Properties: V - 3 to the east and R - 3 to the west. While the issues might not be insurmountable, this artificial split down the center of the property will surely create problematic design issues (for example, inconsistent set back standards) and is likely to necessitate pursuit of a costly and uncertain rezone or variance process on a small portion of the site in order to allow for a comprehensive "full site" development. This problem can be avoided without endangering adjacent neighborhoods because even if the V-3 standards are applied the City can control their application to avoid misuse. The V -3 standards are "maximums" and the City should be able to regulate a project height transition to the adjacent low-rise land uses under the general provisions of the UCSP. Mr. Cortes' current "stand alone" project proposal at the site is respectful of the need for a height transition to the west. As you can see from the attached concept elevations, Mr. Cortes' is proposing a project with 5 stories of residential development on the east end, stepping down to 3 stories at the west end. The westernmost portion of the project is substantially consistent with the R-3 zone. This type of project will serve as a classic "transitional project" consistent with the General Plan!UCSP principles of harmonizing change, buffering between fully developed and underdeveloped parcels, and high quality urban design. In addition to being justified for planning purposes, the City's decision to include all of Mr. Cortes' G Street Properties within a single development district would prudently recognize existing ownership patterns as a factor to be considered when seeking to encourage redevelopment. This is that much more important of a factor to c1.-/7 ) Ms. Mary Ladiana August 21,2006 Page 4 of 4 consider now that the Redevelopment Agency's powers of eminent domain have been curtailed (or eliminated) by Proposition C. Mr. Cortes is a long-term local resident and property owner. He has assembled a quality team of experienced design and development professionals. If his G Street Properties can be included in the UCSP he will make a compelling spokesperson in support of quality west side redevelopment in accordance with the development heights and intensities proposed in the UCSP. Please let us know what other information you might need facilitate your analysis. Thank you for your consideration of our request. We look forward to working with you on this proj ect. Very truly yours, ."~' . . " ' <"'Zl . cl't- . ,Ore. ~<ro"r!rn l..1<-E= Attorney at Law ! cc: Mayor and City Council Directors of the CVRC Jim Thompson, Interim City Manager Dana Smith, Assistant City Manager Ann Hix, Acting Community Development Director Duane Bazzel, Principal Planner Erik Crockett, Redevelopment Manager / Brain Sheehan, Senior Community Development Specialist V Attachments: Exhibit A - Map of the G Street Property Exhibit B - Project Concept Elevations c2 -J 1:2- 01 eo ~08 " ~ ,,' ~ PM 4820 l'Iy,.n'%..L .t..I."'1 PAR I @ 7.04AC w > <0: ~ b~ >~ ~ 25 "''2:0.95 @ ~ sw COR LOT z> ST a M.:~ __ PARK- ~.. - -'$W"~"i'I ~2~.5'Z- - -1- - - Z I~ Ml923 C0 0 ~ u ~ .. .. "" ,. ~ " .~'::::~ 1: .'~~... w .~ Ul .' :~5: :@TI1:_~ ~ ~@i ~~i~f6\':(@2~ TCT A"........: "., . ':@j] : :@j]3:, }~; @ @ @ @ @ @,..77. ....... I 215 :.....: ;~~: " ~ '" ""'" ~ ~'l'''''l: ,,~1.I13016 ~ :r ~ 53.~ I "~.4 f- ~ I @ 4 5 6 7 8 9 a: > @ @ @ @ @ e @ ::> CONDM PEND) 0 f BU I "- THE NINE ... D,84-470834 III 8" '''.'P-;::E MI1100/41.'" ,.",..ss'S~"' N7I"'Z()' o .. G l 1$ C.~8D clcI. ~~~s~JTY BOOI( 568 PAGE 30 Exh"" A g a Al71.C 2,0.15 I " @ , , O.73AC W . I > , I <0: 0 . . , MEMORIAL PARK POR 26 tIt) ~I~ ~\1 ~ I~ ~ 't; I .. PM 4620 I ~ 0 ." ~ " \t - - - - - - -t - - - - - - - - - - 4--t!.!!. - $71";-,..,- - - - WAY- - "? - ~- - - - - I OP ~~ ~ ~150 60 so so F'tollg~ W ....PAR ,.... >:G. :1:t::\:3 <:(0 1lIW1~' III TCT B ~''''',. .... @l @ t;~I~ @ @ @ @ @ ~i: ifrjj. 50 ~t!,., .... 50 50 ...... ..... 53.7'0 so ~7'. ";S"E 5S(o.O:Z ~ ,.. ",. ~.., ~.. ---!!..*..., ~ 53.111 '0 @1 U~_.. @ O.6Q floC. ~ !, , II , f- , 2 3 4 5 ULIS f- (i) CD 0) 0 0 W ---!!.~M R a: . a: ~ us,~ <0: .., .. So #7'"7''' ST 2 ~ 53.71 I S.,\76 a a:: :r f- 568- I $ 1~;100' MADRONA ST 1008104 JGRQ CHANGE" BLK OLD NEW R CUT "'0 1<' Z2.4oiI I"'" 3S 5 ;,Z,Il ~- \.4l .ca. ~~ \403 :M~~ 4-7 '3 '3 47 CONDO 98 517 16 CONDO 05 612 1_ CONDO PARKWAY PLACE TOIlMiQt.lES OOC9J-66~277 @ 2- CONDO PARKWAY 4 DOCO+-0847935 I ~~'mW~~~==SES~~~g lIMY NOT COM'lY Willi LOCAl. SUBOMSION OR BUILDING ORDlIWfCES. MAP 13016 - CHULA VISTA TCT NO 91-07-PARK WAY PLACE TOWNHOMES MAP 11100 - CHULA VISTA TCT NO 84-6, THE NINE (CONDO) MAP 1923 - HOWES SUB MAP 505 - CHULA VISTA-POR 1/4 SEC 137 ROS 9783,17837 ~ c..."h s (8. Sf.. h-rwt'e s. D r..tw~~ I.iat- - _ 1 'J.,.... " -/ / ATTACHMENT 7 CHAPTER VI. LAND USE AND DEVELOPMENT REGULATIONS Insert new Section" I. Development Exceptions" in Chapter VI following H. Other Regulations: I. Development Exceptions The Land Use and Development Regulations encourage the siting of a variety of land uses in an urban environment that is both pedestrian and environmentally sensitive. Where used in combination with the Urban Amenities Incentives, as provided for in this chapter, the development regulations and urban amenities incentives will encourage innovative design. To further achieve this goal, it may be necessary to be flexible in the application of certain development standards. As such, the Chula Vista Redevelopment Corporation or Planning Commission may authorize exceptions to the land use and-development regulations included within this chapter through the issuance of an Urban Core Development Permit, if all of the following findings are made: 1. The proposed development will not adversely affect the goals and objectives of the Urban Core Specific Plan and General Plan. 2. The proposed development will comply with all other regulations of the Specific Plan. 3. The proposed development will incorporate one or more of the Urban Amenities Incentives in Chapter VI. F. 4.. The exception or exceptions is/are appropriate for this location and will result in a better design or greater public benefit than could be achieved through strict conformance with the Specific Plan development regulations. Consideration of a development standard exception shall be concurrent with the review of the Urban Core Development Permit, as outlined in Chapter XI.C.1 of the Specific Plan. ~- /75 Attachment 8 Appendix E UCSP Public Facilities and Services Program 1. Introduction 2. Existing Conditions and Needs_Assessment Chapter IX - Infrastructure and Public Facilities Chapter X - Detailed Description of Improvements (Section E) 3. Long Term Implementation Chapter X - Detailed Description of Improvements Appendix D- Projected Cost Estimates Projected Timing Projected Revenues (Development Impacts Fees and Tax Increment) Chapter XI - Application to Subsequent Development Projects UCSP FEIR (06-01) Mitigation Monitoring and Reporting Program A..-- /1(0 Attachment 8 1 . INTRODUCTION The City of Chula Vista's General Plan was updated in December 2005 and created a new vision for the city. A large part of that vision, developed over a 5 year planning process, fo,used 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 stable single family neighborhoods, better utilize land resources, reduce environmental effects and make more efficient use of existing infrastructure. The General Plan calls for the preparation and adoption of specific plans to carry out the vision of the GP in an organized and orderly fashion. The UCSPnimplements the policies and objectives of the GPU to direct a portion of the growth expected to occur in the City over the next 20 years to the Urban Core Area, by providing zone changes, development regulations and design guidelines.J:o accommodate future growth. Along with the plan for new land uses, the UCSP also identifies 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 that would be located within the area covered by the plan and needed to support the land uses described in the plan. This Appendix has been compiled using the various existing chapters of the UCSP and FEIR to provide a central location of the various components of the UCSP Public Facilities and Services Program, prepared pursuant to Chula Vista Municipal Code Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Section 65451. d-/'l1 Attachment 8 Background 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 (Ord. 2309 Initiative 1988). The purpose and intent of the initiative was generally to ensure the quality of life for the residents of Chula Vista through a variety of measures such as: . preserving the character of the community; . protecting the open space of the city; . ensuring the adequacy of city facilities, school facilities, recreation, park facilities and services; fire and police and paramedic protection; 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. 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". In order to accomplish this, 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. The City has specifically met the provisions of CVMC Section 19.80.020 through the implementation of funding mechanisms such as Development Impact Fees which are paid upon the issuance of a building permit and determined according to land use category. Other fee programs include the Transportation Development Impact Fee and Public Facilities Development Impact Fee that provide financing for ~-11? Attachment 8 transportation and recreation facility improvements based on population, density and land use designation. Since the passage of the Cummings Initiative in the late 1980's, many of the quality of life issues described above are now routinely addressed during the City's development review process. The City has established quality of life "thresholds" that are evaluated as part of the environmental review process for projects that are proposed and developed. The Growth Management Ordinance and Development Impact Fee Ordinances have been enacted to ensure that new development provides the timely payment of fees for public facilities needed as a result of new growth. Development Impact Fees (DIF) have been put in place to require new development to provide their proportionate contribution to public services and facilities. These include fees for sewer and storm drain improvements, park acquisition and development, public facilities and services, and traffic improvements. School impacts fees are required pursuant to Government Code 65996. Monitoring programs have been developed to track the rate and effect of growth on an annual basis. For example, the City has established the traffic monitoring program, which annually monitors the actual performance of the street system by conducting roadway segment travel time studies. A Growth Management Oversight Commission has been established and annually reviews the growth management program. An annual report is submitted to the planning commission and the city council. Public Facilities and Services Program for the UCSP The UCSP includes an assessment of 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 that would be located within the area covered by the plan and needed to support the land uses described in the plan. In addition, the UCSP includes a program of implementation c2111 Attachment 8 measures including regulations, programs, public works projects, and financing measures necessary to carry the plan. Specifically, Chapters IX, X, XI and Appendix D of the UCSP and the UCSP FEIR 06-01, including the Mitigation Monitoring and Reporting Program (MMRP), provide an assessment of the demands on public facilities and infrastructure due to development that may occur as a result of the specific plan, and the plan .and mechanisms to ensure public facilities and services occur commensurate with subsequent development. Chapter V (Mobility) and Chapter VIII (Public Realm Design Guidelines) provide an expanded discussion and illustrations of some of the public facilities, such as mobility improvements - traffic, pedestrian and bicycle-- and other improvements such as parks and plazas). As described in the UCSP and FEIR, subsequent new <levelopment would be required to provide adequate public services and facilities commensurate with their impact. Appendix D of the Urban Core Specific Plan - Public Facilities Implementation Analysis (PFIA) provides projected COst estimates, projected timing of facilities, and financing mechanisms and revenues. The revenues are based on projected tax increment and development impacts fees routinely collected as development occurs in the City. These existing City-wide Development Impact Fees (DIF) related to the provision of public facilities include: . City-wide Park Acquisition and Development (PAD) Fee . Public Facilities (PF) DIF (police, fire, libraries, and recreation facilities) . Sewer fees . Storm drain fees . Traffic signal fees . School impacts fees (collected pursuant to Government Code 65996) These fees would continue to be collected from new development as it occurs in the urban core. Additionally, the Engineering Department will c1. - ifj Attachment 8 begin developing a Transportation Development Impact Fee (TO IF) within the next year, to address additional funding for future long-term traffic intersection impacts that may occur as a result of "worst case" maximum buildout. In addition, the UCSP FEIR, prepared as a Program EIR, includes an evaluation of the City's growth management quality of life thresholds at a programmatic level based on development projections over the course of the next 20 years. The EIR identifies mitigation measures which would be applied on a project-by-project basis during subsequent review of individual development projects. The Final EIR Mitigation Monitoring and Reporting Program (MMRP) provides a summary of the impacts analysis and/or mitigation measures for significant impacts that address provision of public services and facilities. The MMRP ensures that subsequent new development implements timely mitigation for impacts associated with new development, which includes but is not limited to the installation of infrastructure or payment of fees for needed public facilities as a result of new growth. These requirements would be assurecLJ.hrough tlge subsequent discretionary design review and approval of future project specific Urban Core Development Permits. Although the UCSP is intended to attract future development to the Subdistricts Area, the timing, location and extent of subsequent development projects are unpredictable because of the unique nature of urban revitalization. To further ensure the timely provision of public services and facilities, monitoring of on-going development activity would be assessed through the City's existing annual growth management monitoring and reporting. Monitoring programs, such as the traffic monitoring program which monitors the actual performance of. the street system by conducting real time roadway segment travel time studies, would track the rate and effect of growth on an annual basis. In addition to the annual GMO review, the bi-annual Budget/CIP cycle and a five year status report would provide additional checks and balances of future growth. The integrated system of growth management programs, standards, regulations, facility master plans, funding systems and ~-/f/ Attachment 8 monitoring activities provide an effective system of checks and balances to ensure that the provision of public services and facilities keeps in step with new development. The following is a flow chart which identifies the pertinent sections of the UCSP and FEIR that contain information regarding the long term implementation plan and process for the provision of public facilities and services commensurate with new demand. d.. - / I'd., Attachment 8 FACLlTIES (PUBLIC IMPLEMENTATION] Facility ListlRough CostslFund Source Capacity [Utilities, Schools, etc] Amenity [Streetscape, Parks, etc] Mobility [Streets, Transit, etc] Facilltv Priority List by Tv e Parks Sidewalks Other ... Location 1 Location 1 Location 1 Location 2 Location 2 Location 2 REGULA ON A."1> INCEIHIVE [pRIVATE IMPLEMEl'<iATIO:\l Regulatory Requirements Design Standards I\menity Standards and Bonuses Mitigation Measures Fundiu Resources Imoact Fee TIlBonding Gen'l FlIItd Location 1 Location 1 Location 1 Location 2 Location 2 Location 2 ONGOING REVIEW OF PERFOR'\:fA.'\'CE, PRIORITIES Al\1> FEES CO:\1>UCTED AS A PART OF TIIE TWO-YEAR CITY CIP BI1>GET PROCESS A_"1> FINA.'\'CING FEE PROGRAM UPDATES cl-J'1:3 Attachment 8 2. Existing Conditions and Needs Assessment Chapter IX - Infrastructure and Public Facilities Chapter X - Detailed Description of Improvements (Section E) ~-J!1 IX. Infrastructure and Public facilities A. Introduction IX-1 B. Growth Forecasts IX-2 C. Water, Sewer, Drainage and Solid Waste IX-3 D. Law Enforcement, Fire Protection and Emergency Services IX-13 E. Schools IX-19 F. Parks and Recreation IX-23 G. Energy and Telecommunications IX-3D Public nearing Draft ~-/~o Public Nearing Draft c1- IgL IX. Infrastructure and Public f'acUities A. Introduction The purpose ofthis chapter is to describe the infrastructure and public facilities applicable to the Specific Plan, including water supply, sewer, drainage, solid waste disposal, law enforcement and emergency services, schools, parks and recreation facilities, and energy and telecommunications. As part of its overall facilities planning and maintenance activities, the infrastructure related to the Specific Plan area has been studied during the City's General Plan effort. Since the Specific Plan implements the General Plan, these studies provide the basis of utilities and services needed for the Urban Core. Information from these studies and the corresponding city-wide implementation strategies are relied upon in large part for this chapter and have been brought forward into the Specific Plan for reference. The Public Facilities and Services Element of the City's General Plan establishes a comprehensive strategy to provide and maintain infrastructure and public services for future growth without diminishing services to existing development. Public facilities collectively refer to utilities such as water, sewer, drainage, power and telecommunications services. Public services collectively refer to schools, library, law enforcement and fire protection. The City of Chula Vista includes public facilities and services in the General Plan that support and enrich the community including parks and recreation centers, art and cultural facilities and programs, chifdcare opportunities and health and human services. This chapter of the Specific Plan focuses on the General Plan proposals and criteria that have particular relevance to the Urban Core area. B. 6rowth f'orecasts Based on the City of Ch ula Vista's General Plan, the City's population is projected to reach approximately 300,000 by the year 2030. The General Plan (2005) includes intensification of retail, office and residential uses with relatively lower emphasis on industrial uses in western Chula Vista, as compared to the previous version. The General Plan also proposes the replacement of a significant amount of existing lower density commercial and residential development in western Chula Vista with mixed use and higher density residential types. Within the Specific Plan area, the implementation of the General Plan will result in a net increase of 7,100 dwelling units, an increase of commercial retail development by 1,000,000 square feet, increase of commercial office development by 1,300,000 square feet and the introduction of 1,300,000 square feet of visitor serving commercial use. The net increase in dwelling units would result in a population increase for the plan area of 18,318 persons (using a factor of 2.58 persons per household). The foregoing calculation of population relies largely on historic family size information. The changing form of western Chula Vista may alter these forecasts significantly. The population projection will be affected by any change in national and regional demographics brought about by rates of immigration, aging in the population and alteration!? in birth rates. Moreover, the kind and intensity of developmemproposed for the focus areas of the Specific Plan and the pace of development within the Specific Plan area may result In changes to the historically observed family size and makeup. Historically, smaller attached dwellings in multi-family developments have historically had lower family sizes than single family housing. Recent in fill and urban core neighborhood developments in the San Diego region reflect even lower household populations and fewer minors per dwelling, with many developments predominantly occupied by childless couples of all ages. Calculating and tracking trends in the occupancy of the planned multi-family dwellings of the Urban Core will be critically important to correctly plan and program for facilities such as parks and schools. J- /~7 Public nearing Draft Public Nearing Draft d.-I ?f?' c. Water, Sewer, Drainage and Solid Waste 1. Water Supply Chula Vista has historically received the majority of its water supply from the San Diego County Water Authority (CWA). The CWA generally imports from 75 to 95 percent of this water from the Metropolitan Water District (MWD) of Southern California. The Sweetwater Authority provides water service to western Chula Vista, including the Specific Plan area. The Sweetwater Authority assures conformance to the same quality and service standards established by the State Department of Health Services (DHS) and the federal Clean Water Act. In addition to providing water supplies, the Sweetwater Authority provides emergency storage systems and implements conservation efforts. Sweetwater Authority indicates approximately $5 million in incremental capital costs for system improvements to serve western Chula Vista per General Plan projections. Approximately $3 million of this amount will be for pipeline needs and the remaining $2 million will go toward increasing treatment capacity at the Perdue Treatment Plant. These amounts reflects capital costs in excess of what is cu'rrently planned to accommodate growth under the 1989 General Plan. These capital improvements are addressed by the Sweetwater Authority through its development impact fee structure, which is subject to ongoing review during the 30-year plan development period. 2. Sewer Sewer services are essential for public health, safety and welfare. The City maintains and operates sewer facifities in the form of wastewater/sewer pipelines. These facilities feed into the larger regional system for treatment and disposal. The City is already engaged in planning and upgrading improvement projects and will continue to do so in a phased manner under an adopted wastewater master plan. Connection fees are the primary funding source for capital improvement costs. The City of Chula Vista purchases wastewater treatment capacity from the City of San Diego's Metropolitan Wastewater System (METRO). This allows the City to treat and dispose of wastewater flows at METRO facifities. The City's future wastewater flows will exceed the current treatment capacity necessitating the need to purchase additional capacity (in a phased manner). The City of Chula Vista has purchased 19.8 million gallons per day (MGD) of capacity rights in the METRO Sewage System. Based on existing conditions in 2004, the City discharges approximately 16.6 MGD into the METRO Interceptor. Based on flow analyses, it is estimated that by the year 2030, the City will generate approximately 6.4 MGD of additional sewage. The General Plan (2005) projects an additional treatment capacity need of 1.57 MGD at buildout in western Chula Vista, which includes the projected demand of approximately 0.88 MGD for the Specific Plan area. These needed improvements equate to a cost of approximately $20.4 million. It is important to note that these are broad and preliminary estimates and are based largely on the wastewater generation rates stated in the Wastewater Master Plan, which will be subject to periodic update and review throughout the life of the Specific Plan. The City currently operates and maintains approximately 400 miles of sewer pipelines, ranging in size from 6 inches to 48 inches in diameter, as well as an extensive network of manholes, metering stations, pump lifts and lift stations (See Figure 9.1 Backbone Infrastructure for Wastewater Collection.) The system is the subject of ongoing review and wastewater master pians. An update of the plan has been prepared in support of the General Plan Update (2005). In addition to maintaining the existing systems and replacing outdated components, the City must also address system upgrades and expansions. to accommodate new sewer connections, especially in the eastern portion of the City. The costs of system upgrades, capacity and infrastructure management and planning is reflected in connection fees and sewer rates. 3. Drainage Infrastructure Drainage facilities are public improvements to control storm water runoff so that peak runoff does not threaten public health or safety in the form of flooding and erosion. The City maintains strict requirements for sediment control from water runoff, which are reviewed and applied to new development on a project-by- project basis. These requirements are found in various programs and policies, including the City of Chula Vista Grading Ordinance, Subdivision Manual, Storm Water Management Standards Requirements Manual, development and redevelopment projects and "best management practices" (BMP) requirements for construction sites. The condition of the overall drainage system is the subject of a Drainage Master Plan, which is undertaken and continually monitored for any major deficiencies or problems. (See Figure 9.2 Drainage Channels.) Within already urbanized areas such as the Urban Core, most needed drainage facilities are already in place, and since runoff is largely not changed by the redevelopment of one land use into another, the system of facilities for storm water runoff are equally largely in place. With the monitoring and review of construction and water quality practices conducted for each development project, the City, working through its Drainage Master Plan has a program in piace to control runoff and meet appiicable water quality standards. ~- / t"'i Public Nearing Draft Public nearing Draft /""'........./" ~ . City Boundary Sewer Trunks Pump Stations Backbone Infrastructure for Wastewater Collection (Source: City of Chula Vista) e::1.. - / 9' ~ ~ City Boundary , ,.. " · Drainage Channels rg.9.:! 01.-/9/ Public Nearing Draft , I , Chula Vista is part of the San Diego watershed area. The San Diego watershed area's National Pollutant Discharge Elimination System (NPDES) permit requires that all runoff be treated so that pollutant levels at the storm water outfalls are minimized to the maximum extent practicable. Subsequently, drainage infrastructure may need to be constructed or modified to insure that "first flush" pollutants are captured through the Chula Vista Storm Water Management Unit. Typically, NPDES on-site detention/desiltation facilities will be required on development projects. The City will maintain its ability to enforce adequate maintenance of these facilities. The Environmental Element of the General Plan (2005) also addresses drainage issues throughout the City as they relate to water quality. 4. Solid Waste Infrastructure and Operations The City of Chula Vista has established an exclusive franchise collection agreement with Pacific Waste Services for the removal, conveyance, and disposal of any non-recyclable waste. The agreement is in effect through June 2028 with extension clauses for both City and Pacific Waste Services. The agreement includes a number of programs and incentives for the franchise and . the public to maximize recycling and other forms of landfill diversion. Pacific Waste's parent company, Allied, owns and operates both the Otay Landfill and the Sycamore Canyon Landfill located further north in San Diego County. Most of the solid waste generated in the City is disposed at the Otay Landfill. The Otay Landfill is estimated to reach capacity in the year 2028. In south San Diego County, an area in East Otay Mesa was previously identified by the County as a tentative site. However, the County is no longer pursuing landfill siting at this location and there are no private siting efforts currently proposed. Once the Otay Landfill is closed, it is anticipated that a portion of the site could be used for a trash transfer facility and/or a Material Recovery Facility (MRF) where recyclables are prepared for secondary markets. The City has also acquired rights to approximately 30 acres of space at the Otay Landfill for a composting facility when the landfill closes. Therefore, continued efforts to expand recycling and to accommodate compostable materials will reduce future waste transfer costs. The City has the ability to control waste production within its general plan area, including the Urban Core. Current solid waste management strategies include source reduction, recycling and composting to decrease the waste stream impacting landfills. Public nearing Draft dL- /'Ij.., 5. Objectives and Policies Objectives and policies directing water, sewer and drainage facilities are arranged around specific topics or issues. The following pages describe an issue or topic and how the City has planned for adequate service for the Specific Plan through the General Plan policies. Supporting objectives and policies follow the discussion. a. General Plan Discussion: Keeping Pace with Growth and Maintenance Needs (Water, Sewer, Drainage) (PFS 1) The City and its servicing districts strive to maintain existing water, sewer and drainage facilities to meet current and future demand and to comply with federal, state, and local requirements. The challenge posed by density increases in older parts of the City system is to repair existing deficiencies and maintain and possibly upsize older infrastructure. Over time, as the City continues to expand and additional water, sewer and drainage facilities are added, the demand for maintenance, along with associated fiscal impacts, will also grow. Recent assessments have been completed to address water-supply, wastewater and drainage facilities. The Water Supply Assessment prepared by the Sweetwater Authority dated June 8, 2005 evaluates existing conditions and future water needs for the Specific Plan. Existing average water demand for the Specific Plan area is cited as 1.96 MGD with a projected average water demand of 3.54 MGD at 2030 buildout. The Sweetwater Authority, Metropolitan Water District of Southern California and San Diego County Water Authority are implementing plans that include projects and programs to help ensure that the existing and planned water users within Sweetwater Authority's service area have an adequate supply. By using a variety of water supply sources, including importation, the Sweetwater Reservoir, National City Wells, and Reynolds Desalination, and by implementing conservation programs, sufficient water supply will be available for anticipated development under the SpeCific Plan. The Wastewater Master Plan, prepared by PBS&J for the City of Chula Vista and dated May 2005, provides a comprehensive review and evaluation of the City's wastewater collection, conveyance, and treatment capacity requirements under existing and ultimate buildout conditions. Specific recommendations are made for the repair, upgrading, and buildout of wastewater collection and pumping facilities. The City currently has capacity rights in the METRO system (comprised of conveyance, treatment, and disposal facilities) equal to 19.8 MGD and will soon be allocated additional capacity through a re-rating process currently underway. cJ..-J 93 Public nearing Draft Public nearing Draft c2.-/9 Wastewater facility improvements recommended for the Specific Pian area inciude: . Colorado Street Sewer Main (repiace 1,314 feet of pipe between K Street and J Street) . Center Street Main (replace 630 feet of pipe between Fourth Avenue and Garrett Avenue) . Police Station Department (SPS-Ol) New Pump Station . G Street (SPS-02) New Pump Station The Wastewater Master Pian also provides sewer system design standards and capital improvements program recommendation,s as well as a capacity fee update and facilities financing plan for both METRO facilities and Chula Vista pipelines, to ensure adequate wastewater facilities are provided for the Specific Plan area. The 2004 Drainage Master Plan prepared by PBS&J for the City of Chula Vista consists of a city-wide hydrologic analysis and an updated version of the City's storm water conveyance system GIS database. The Drainage Master Plan includes 21 stand-alone technical appendices, each one with hydraulic calculations and accompanying 200-scale work maps. The hydraulic analyses were prepared for the 50-year and, where required, 100-year storm events for existing and projected conditions. Recommendations are provided for replacement of corrugated metal pipe (CMP) storm drain facilities as well as other capital improvement strategies. Additional updates and recommendations will be available upon the County of San Diego's completion of a calibration study to supplement the existing Hydrology Manual. General Plan Policies Related to the Urban Core 1) "For new development, require on-site detention of storm water flows such that, where practical, existing downstream structures will not be overloaded. Siow runoff and maximize on-site infiltration of runoff." (PFS 1.4) Development within the Urban Core will be reviewed within the context of the drainage master pian and water quality rules applicable to the deveiopment, on a project-by-project basis. 2) "To avoid recently improved streets from being torn up repeatedly, maintain a comprehensive facility phasing and capital improvement program. The program should be based on anticipated land development and be conducted in coordination with all utilities." (PFS 1.6) The Urban Core facilities program, summarized in the following chapter, sets outtimeframes forthe improvement of streets, sidewaiks and other improvements. These timeframes wiil be coordinated with the master plans for sewer and drainage to minimize disruption of public streets. 3) "Identify ways to obtain time/yfundingforpublicfacllityand service needs. Upon request by community representatives, facilitate the possible formation of assessment districts to finance public infrastructure, upgrades and maintenance. n (PFS 1.7) The criteria are largely applicable to eastern territories, where master planned communities can facilitate the implementation of such districts. The implementation program for the Urban Core will act in a similar fashion to program and time facilities with need. The above-described Water Supply Assessment, Wastewater Master Plan and Drainage Master Plan analyze the existing and future facilities needs for Chula Vista, including the Specific Plan area. With implementation of recommended improvements and programs, adequate facilities wiil be provided to serve the Urban Core as relates to water; wastewater and storm. water drainage. b. General Plan DIscussIon: Meeting Demand Through AlternatIve TechnologIes (PFS 2) Growth will generate Increased demand for water delivery and for sewer and drainage systems throughout the City. Water will continue to be a Iimt1Fcr resource in semi-arid southern California. The ability to treat wastewater wiil be affected by the limitations of the San Diego Metro system. Drainage facilities will need to handle increased storm water runoff and potential pollutants in the face of increased growth and diminishing supplies of land. Building more infrastructure and acquiring more capacity can and should be offset by using alternative technologies to handle demand both in the older established parts of the City and in the newly developing areas. The foilowing objective and policies address meeting resource and service demands through use of aiternative technologies. General Plan Policies Reiated to the Urban Core 1) "As part of project construction and design, assure that drainage facilities in new development incorporate storm water runoff and sediment control, including state-of-the-art technologies where appropriate. .. (PFS 2.2) The City conducts and maintains a Storm Water Master Plan. It also reviews new development in a manner consistent with the applicable water quality standards. d- /c;S- Public "earing Draft c. General Plan Discussion: Long-Term Water Supplies (PFS 3) The California Water Code requires all urban water suppliers within the state to prepare urban water management plan(s) and update them every five years, in years ending in five or zero. The plans are to identify supply and demand, infrastructure and funding. In accordance with the Act, the County Water Authority (CWA) adopted an Urban Water Management Plan in 2000 and will be updating it in 2005. The 2000 Plan forecasts total projected water demand for the entire area served by the CWA as 813,000 acre-feel of water in the year 2020. This figure includes municipal, industrial and agricultural demand and is adjusted for conservation savings. The report estimates total projected local water supplies in the year 2020 as 223,500 acre-feet. Local water supplies include surface water, water recycling, groundwater and seawater desalination. Through a shortage contingency analysis, the report also concludes that the CWA and its member agencies, through Emergency Response Plans (ERP) and Emergency Storage Projects (ESP), are taking actions to prepare for and appropriately handle a catastrophic interruption of water supplies. While the CWA relies almost entirely on water imported from outside the region, . the Sweetwater Authority'has historically imported less than half of its water to meet demand. The Authority's remaining supply has been from two large local surface water reservoirs, Sweetwater and Loveland, which store surface runoff from the Sweetwater River. The Authority also adheres to development of additional local resources such as groundwater pumping-flfld groundwater desalination. As the City grows, the need to identify the long-term supply of water continues. The Water Supply Assessment prepared by the Sweetwater Authority dated June 8, 2005 evaluates existing conditions and future water needs for the Specific Plan. Existing average water demand for the Specific Plan area is cited as 1.96 million gallons per day (MGD) with a projected average water demand 0(3.54 MGD at 2030 buildout. The Sweetwater Authority, Metropolitan Water District of Southern California and San Diego County Water Authority are implementing plans that include projects and programs to help ensure that the existing and planned water users within Sweetwater Authority's service area have an adequate supply. By using a variety of water supply sources, including importation, the Sweetwater Reservoir, National City Wells, and Reynolds Desalination, and by implementing conservation programs, sufficient water supply will be available for anticipated development under the SpeCific Plan. General Plan Policies Related to the Urban Core 1) Assist the water agencies (Sweetwater Authority) in preparing and maintaining Urban Water Management Plans that identify waterdemand anticipated by existing and new development. (PFS 3.1) This activity will largely occur through city-wide development monitoring and reporting. Public nearing Draft 02-/ r~ d. General Plan Discussion: Long-Term Sewer Capacities (PFS 4) The City maintains and regularly updates a Wastewater Management Plan to evaluate the adequacy of the existing wastewater collection system to sustain the long-term growth of the City. The Wastewater Management Plan helps the City b.udget for Capital Improvement Projects (CIP), allocate resources for the acquisition of additional sewage capacity, and determine the short and long- term sewer capacity needs of the City. General Plan Policies Related to the Urban Core 1) "Continually monitor wastewater ffows and anticipate future wastewater increases that may result from changes in adopted land use patterns." (PFS 4.1) As cited above, the City's Wastewater Master Plan is undertaken to identify needed expansions, which are paid for by connection and service fees. e. General Plan Discussion: Providing for Solid Waste Disposal (PFS 24) The following objective and policies address the efficient handling of solid waste throughout the City. The important and related topics of reducing overall solid waste and of handling hazardous wastes are addressed in the Environment Element, Chapter 9 of the City of Chula Vista's General Plan. The Gtay Landfill is estimated to ~h capacity within the next 23 years, requiring closure of the facility. Meeting future needs of the planning area may require the creation of a regional transfer station, where solid waste collected from individual collection routes is transferred into large trucks for disposal. The transportation of solid waste to an alternate site must occur in an efficient manner that restricts adverse circulation, visual, and noise impacts. General Plan Policies Related to the Urban Core 1) "Plan for adequate systems and facilities to manage the City's solid waste generation, treatment and disposal." (PFS 24.1) Solid waste programs and recycling are addressed through city-wide programs. Design Guidelines are provided in the Specific Plan for future development which reffect the ability to service for trash and recycling collection. c1-j ;J'l Public nearing Draft Effective fire protection, emergency medical, and law enforcement services require two-way relationships with the community. The unique needs and conditions in the community must be understood and the community must lend support to the various programs and efforts of the Police Department and Fire Department. The City encourages active participation by the Fire and Police Departments in all facets of community life, incfuding involvement in area business, senior; and youth activities. D. Law I':nforcement, fire Protection and I':mergency Services 1. Facilities and Services In the City of Chula Vista, fire protection and emergency medical services are provided by the Chula Vista Fire Department. Law enforcement services are provided by the Chula Vista Police Department. Fire stations are dispersed throughout the City, while police facilities are centered in headquarters located in downtown Chula Vista (See Figure 9.4 Police and Fire Station Locations.) The current Fire Station Master Plan calls for nine fire stations, eight of which have been constructed. The Master Plan is being updated to reflect changes to General Plan and to respond to a revised set of performance criteria as proposed in the Fire Department Strategic Plan. Therefore, the number and location of future fire stations, along with how the stations are equipped, is subject to change. To maintain the high level of dependable, competent fire protection and emergf}ncy medical services the City enjoys, several strategies wiff contLnue to be employed. The City will continue to use a growth-related service standard, through its Growth Management Ordinance and program, to help determine if public safety is adequately protected. Fire Department staffing and equipment wiff continue to bf! expanded as needed to meet the service standard and to nTTrrimize hazards to the firefighters and public, in conformance with changes to the updated Fire Department Master Plan. The Fire Department wiff continue to enhance its capabilities and staffing through mutual aid agreements with fire departments in the surrounding communities. Simifar strategies also facilitate the provision of law enforcement services that meet the City's needs. The Department wiff continue to monitor calls for service, analyze crime statistics and resident survey data, and make changes in staffing and patrols to reflect the growing community's needs. Public tlearing Draft d~J91 2. Disaster and Emergency Response Program State regulations establish the Standardized Emergency Management System, or SEMS. The system includes requirements for incident command systems, multi-agency coordination systems, mutual aid agreements and the .operational area" concept. As an agency (municipality) with emergency response capability within the state, Chula Vista is required to use the SEMS system. Chula Vista provides for the preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency (Municipal Code, Chapter 2.1.4 Emergency Organization Department). The Code requires coordination of the emergency functions of the City with other public agencies, corporations, and organizations. There may be occasions when a limited scale evacuation is the appropriate response to an emergency situation. Under these circumstances, people should be evacuated to neighborhood and community schools, hospitals and public facilities, where they could receive adequate care and treatment. In the event of a major disaster, wlJere a large part of the City may require evacuation, the circulation routes serving the Specific Plan area are: . 1-5, 1-805, and SR-54 . E Street, H Street, J Street, and L Street . Broadway, Fourth Avenue, Hilltop Drive, and Third Avenue The Disaster Management Act of 2000 requires that, in order to remain eligible for post-disaster Federal Emergency Management Agency (FEMA) funding after November 2004, every jurisdiction in the United States must have an approved Hazard Mitigation Plan (HAZMIT Plan) to address the management of and response to emergency situations. In addition, to be eligible for pre-disaster FEMA funding for use in hazard mitigation, eachjurisdiction's approved HAZMIT Plan must include the planned uses of these funds. The City of Chula Vista adopted a HAZMIT Plan in May 2004 to help mitigate impact to the City in the event of a natural or man-made disaster. The City's HAZMIT Plan was included in the San Diego County Multi-Jurisdictional HAZMIT Plan submitted to FEMA for approval in compliance with Federal Law. 01.-1'19 Public Nearing Draft '" , , .., , ... City Boundary Police Headquarters Existing Fire Station o ~ Existing & Future Fire Stations & Facilities Fire Station Address 1 447 F Street PolIce and Fire StatIon Locations (Source: City of Chula Vista) Public nearing Draft oZ - ~t)O 3. Objectives and Policies Objectives and poiicies directing law enforcement, fire protection and emergency responses are arranged around specific topics or issues. The following pages describe an issue or topic and how the City has planned for adequate service for the Specific Plan through the General Plan. Supporting objectives and poiicies follow the discussion. a. General Plan Discussion: Keeping Pace with Growth (Pollee, Fire Protection & Emergency Medical Service) (PFS 5) The City of Chula Vista has experienced significant residential growth over the last decade. The majority of new growth has occurred in the east, where continued relatively high growth is expected in the coming years, along with density increases in the west. Fire protection, emergency medical service and poiice services will need to expand to match the demand brought on by this anticipated growth. While fire stations are located throughout the City, the Poiice Department maintmns one poiice headquarters, located in the western portion of the City. The poiice headquarters is sufficient to accommodate the growth projected in the Specific Plan. General Plan Policies Related to the UrbiMLCore 1) "Continue to adequately equip and staff the Fire Department to ensure that estabiished service standards for emergency calls are met." (PFS 5.1) 2) "Upgrade fire and emergency medical equipment as required to protect the pubiic from hazards and to ensure the safety of the fire fighters." (PFS 5.2) b. General Plan Discussion: Emergency Response and Development (PFS 6) General Plan poiicies and Growth Management standards tie new development and redevelopment to the provision of adequate pubiic facilities and services, including police and fire protection. Some design characteristics, such as narrow street widths, aim to create walkable communities, serve to estabiish an overall neighborly atmosphere, and tend to reduce traffic speeds. In mixed use neighborhoods, density increases may result in taller buildings. The evolving urban form and the cumulative increase in development will affect emergency service response times as well as the equipment, facilities and personnel needed for fire and poiice services. "Crime Prevention Through Environmental Design" (CPTED) is a method of incorporating design techniques into projects to help reduce the potential for c2-c20) PUblic Nearing Draft crime. CPTED is used in the development of parks, residential and commercial projects, schools, transit stations and parking lots to reduce the number of calls for service. The reduced call volume may favorably impact response times. CPTED includes the use of four primary strategies: . Providing natural access control into areas, . Improving natural surveillance (i.e., increasing "eyes on the street"), . Maintaining and managing a property to reduce crime and disorder, and . Using territorial reinforcement to distinguish private space from public space. General Plan Policies Related to the Urban Core 1) "Continue to require new development and redeveiopment projects to demonstrate adequate access for fire and police vehicles." (PFS 6.1) 2) "Require new development and redeveiopment projects to demonstrate adequate water pressure to new buildings." (PFS 6.2) 3) "Encourage Crime Prevention Through Environmental Design (CPTED) techniques in new development and redevelopment projects." (PFS 6.3) Project review within the Specific Plan shall include the above- listed criteria. Design requirements and recommendations found in Chapter VII - Design Guidelines require future projects within the Specific Plan area to incorporate CPTED principles. c. General Plan Discussion: Emergency Response Program (PFS 7) A city-wide emergency response program provides the framework for responding to any type of emergency or disaster that might occur in Chula Vista. Accomplishing efficient emergency response involves coordination with other agencies regarding disaster preparedness, preparation and regular update of the emergency response plan, education of residents and businesses about the plan and about evacuation routes, and periodic training of City staff and other emergency response staff to effectively implement the plan. General Plan Policies Related to the Urban Core All General Plan policies within this criterion are implemented city-wide. Public Nearing Draft c.t -;2CJ.2.. d. General Plan DIscussIon: Post Emergency Response (PFS 8) In the event of disasters and emergencies, a swift and efficient response minimizes injuries, casualties and property damage. Planning post-disaster operations ensures the safety, health and welfare of our residents by allowing critical operations to continue as expeditiously and efficiently as possible following a catastrophic event. Post-disaster anaiysis will help the City improve safety plans and responses. Gen~ral Pian Policies Related to the Urban Core All General Plan policies within this criterion are impiemented city-wide. ~ol~ Public nearing Draft Public nearing Draft A.-O{~ 1:. Schools 1. School FacilitIes Excellent schools are assets to any community. Two school districts serve the City. Chula Vista Elem~ntary School District (CVESD) operates kindergarten through sixth grade; Sweetwater Union High School District (SUHSD) operates junior and senior high schools and ancillary programs. Higher education is available through Southwestern Community College. As of 2004, the CVESD operates 42 schools and the SUHSD operates 26 schools, both within and outside the boundaries of the City of Chula Vista. (See Figure 9.4 Existing Primary and Secondary Schools Serving Chula Vista.) Both districts actively plan for modernization and expansion of campuses to accommodate anticipated increases in enrollments. The districts have completed improvements through modernization programs and bond issues or prepared modernization plans in preparation for construction. 2. Objectives and Policies _ Objectives and policies impacting schools are arranged around specific topics or issues. The following pages describe an issue or topic and how the City has planned for adequate service for the SpeCific Plan through the Generai Plan. Supporting objectives and policies follow the discussion. a. General Plan DIscussIon: KeepIng Pace with Growth and Technology (School Facilities) (PFS 9) Population growth in western Chula Vista may impact existing, aider school facilities. Modernization of school campuses is expected to continue as the school districts plan for facility improvements. Technology continues to change the work place and the social and cultural environments of our community. The school system, which helps shape our children and our future, must keep pace with development. While siting of schools falls under the jurisdiction of the local school districts, not the City, it is the City's intent to facilitate the district's efforts to provide school services. General Plan Policies Related to the Urban Core 1) Continue coordinating with local school districts during review of land use issues requiring discretionary approval to provide adequate school facilities, to meet needs generated by development, and to avoid overcrowding in accordance with guidelines of Government Code 65996(b). (PFS 9.1) , . c;,y\" ~ CHULA VISTA VlSt:-\'... \'~E~.1M1 \, \ ~\ \ ..,\~ /' :\.-.~ ",~' "';::r ~ ~ .~ ~ '~, '" 'S\ \)/ -- \ d"'"' ~,:\'-" ;, .,,- FEASteR~ \\ 'EDIS~ \ 00.'\ ".' - -- , "'" , ",.,^"" ./wA"" ""d" \. ,..'..,~ "- ' ,.,- 'M~.. . ~,_. ,~,- ~.- ,\"~' /",--'"'C"l, .-' \"'~ \ ~ .'_ r" 00 Elementary School ~ Middle School !HI High School ROSEBANK 00 ."'- ..' }<;,\ - \ ," , ~<;'\ \ k,,'^'~ \ ,:0" , \ '1\<;'\ \ -",,- \il;: "-.~ ,,,, 'Cl-. "-'\~ , ,y~ ';' l< \~ ~ .,. ,1C: . , \ ",-< \~ <;,\.' ,;"-'''- \ <;'\. " 'f-. ,,""'~- . CHULA ...-- VlSTA\ \ s\ ._-\/ 00_. [fj] '. . "-/' >~.' ...--"-~ \ CHU~. . - " - [i] _.YIS1A \ RICE ". Moss /-C~TER ,.S c::l. - c:=2. ~ S- fg.9.4 PUblic Nearing Draft 2) Encourage the consideration of new approaches to accommodate student enrollments, inciuding alternative campus locations and education programs. (PFS 9.2) 3) Assist school districts in identifying and acquiring school sites for new construction in needed time frames. (PFS 9.3) 4) Assist school districts in identifying sources of funding for the expansion of facilities in western Chula Vista as needed based on growth. (PFS 9.4) 5) Work closely with the school districts to identify needs for public education facilities and programs, including developing and expanding extra- curricular recreation and educational programs for primary, secondary, and adult education, and providing state-of-the-art information services. (PFS 9.5) The foregoing policies reflect the need to plan and implement schools over the relatively long period of development implementing the Specific Plan. Cooperation in projecting growth and monitoring new de",elopment and the resulting demographics will assure that existing schoois are expanded or new schools are built at the time of need. b. General Plan Discussion: Site Location and Design (School Facilities) (PFS 10) School districts control site selection and school design. In all instances, safe' pickup and drop-oft of students is a primary concern. Schools are generally designed with the intent of adding modular units to accommodate temporary spikes in student enrollment. While both Chula Vista school districts use this strategy, drawbacks include the fact that the units displace parking, open space and recreation areas. Some schools in western Chuia Vista are already running out of limited buildable space and have no room to expand the campuses horizontally in the current land locked locations. General Plan Policies Related to the Urban Core 1) "Continue to coordinate and make recommendations to the school districts and property owners and developers on the location, size and design of school facilities relative to the location in the community. Encourage school districts to consider jOint use and alternative structural design such as multi-story buildings where appropriate. . (PFS 10.1) Alternative structural designs will be especially important within the Urban Core due to land availability. 2) "Encourage the central/ocation of new schools within the neighborhoods or areas they serve so as to further community development and enhance the quality of life.. (PFS 10.4) Public Nearing Draft 02 - ~{)to 3) 'Coordinate with the school districts on the design of school grounds and fields to provide for use of these facilities by the City's Youth Sports Council leagues. . (PFS 10.5) Joint use of facilities by the City and the School District can maximize the public use of school and park sites. oZ-e2fl1 Public Nearing Draft Public nearing Draft ~-~f)e 1'. Parks and Recreation 1. Facilities and Programs Parks and recreation facilities and programming are essential to the health and welfare of the individuals living and working in the City of Chula Vista. Parks can provide a relief from the stress of daily life and can contribute to neighborhood engagement, economic development and community revitalization. The different types of parks and recreation facilities found in Chula Vista are described below. (See Figure 9.5 Existing and Proposed Public Parks and Recreation Facilities.) Community parks, designed to serve more than one neighborhood, are ideally 30 or more acres and provide a wide variety of facilities, including swimming pools, playing fields, recreation centers, cultural centers and picnic areas. Neighborhood parks are intended to serve local residents; range in size from 5 to 15 acres; and include open play space, playing fields, play equipment and picnic areas. Mini parks consist of both public and private facilities, are typically less than four acres in size, serve a small number of homes, and contain very limited facilities such as a tot lot or play structure and some grass play area. Public mini parks are typically located in the older western portion of the City. Urban parks are generally located in urban downtown areas and may contain facilities such as public plazas, tot lots, play structures, public art features, sports courts (such as basketball or tennis), walking/jogging trails, dog walk areas, picnic or seating areas, some grass play area, and trees. Urban parks, which will occur where in fill and redevelopment activity is likely to occur, may be considered for publicpark credit as a necessary component of an overall park service solution where available and affordable land is scarce. Similar to mini parks, urban parks may serve a smaller number of homes than neighborhood parks, depending on the ultimate housing density within the service areas. Urban parks will typically be less than four acres in size. Recreation facilities are generally located within community parks and include community centers, gymnasiums, swimming pools, youth centers, and senior centers. Several related documents address the development of parks and recreation facilities in the City. The Chula Vista Parks and Recreation Master Plan, adopted in November 2002, contains an inventory of existing parks and recreations facilities, a needs assessment, and policies to implement the General Plan. The Master Plan envisions the City's park and recreation facilities as an integrated system of amenities, programs and services interwoven throughout over 700 acres of parkland to meet the expressed needs of the community. . The Greenbelt Master Plan identifies segments of an overall backbone system of 28 linear miles of open space and parks that encircle the City. It discusses unique opportunities for a continuous trail system to link City parks and other resources outside of the City boundary. 2. Objectives and Policies Objectives and policies directing parks and recreation facilities and programs are arranged around specific topics or issues. The following pages describe an issue or topic and how the City has planned for adequate service for the Specific Plan through the General Plan. Supporting objectives and policies follow the discussion. a. General Plan DiscussIon: Keeping Pace wIth Growth (Parks and Recreation) (PFS 14) The City strives to maintain existing parks and recreation facilities, to offer recreational programs to meet current demand, and to plan and construct new parks and facilities and develop new programs to meet future demand due to growth. The majority of residential growth in the last decade has occurred in eastern Chula Vista; however, it is anticipated that significant growth will occur in both the east and the west in the future. The Parks and Recreation Master Plan and Public Facilities Development Impact Fee program provide direction and financing for the size and location of parks and recreation facilities, based on population, density and land use designation. Timely development and the provision of facilities, staffing, and equipment that is responsive to growth and community demands and expectations are important. General Plan Policies Related to the Urban Core 1) "Maximize the use of existing parks and recreation facilities through upgrades and additions/changes to programs to meet the needs of the community." (PFS 14.1) 2) "Construct new parks and recreation facilities that refiect the interests and needs of the community." (PFS 14.2) 3) "Continue to maintain and update the Chula Vista Parks and Recreation Master Plan, the Greenbelt Master Plan, the Park Dedication Ordinance and the recreation component of the Public Facilities Development Impact Fee, as needed." (PFS 14.3) cJ. -~(j1 Public "earlng Draft /"",-",' City Boundary 0 Potential Neighborhood Park ",.........,.... Sweetwater Regional Park Boundary @ Community Center * Community Park @ Mini Park + Neighborhood Park Map does not include future potential urban plaza ~ Future Neighborhood Park locations; these areas are shown in Figure 8.69 Existing and Proposed Parks and Recreation FacUlties (Source: City of Chula VIsta) Public Nearing Draft d.. - c/</ 0 4) "Use park dedication, location, site design arid acceptance standards as provided in the Chula Vista Parks and Recreation Master Plan, the Park Dedication Ordinance and the Recreation DIp, as may be amended from time to time." (PFS 14.4) . 5) "Work with proponents of new development projects and redevelopment projects at the earliest stages to ensure that parks, recreation, trails and open space facilities are designed to meet City standards and are built in a timely manner to meet the needs of residents they will serve." (PFS 14.5) 6) "Design recreation programs to reflect the interests and recreation needs of the children, teens, adults, and seniors living in our ethnically diverse city." (PFS 14.6) 7) "Explore opportunities for collaborations and partnerships with local organizations, expand use of volunteers, and develop commercial recreational facilities that meet public demand and need." (PFS 14.7) 8) "Continue to provide adequate park maintenance, park ranger service recreation services, staffing, and equipment to ensure safe, well- maintained facilities." (PFS 14.8) The foregoing policies will apply to recreation and park facilities within the Urban Core. The Parks and Recreation Master Plan and development impact fee programs will be monitored during the life of the Specific Plan and updated to meet service and demographic needs of the community. b. General Plan DIscussIon: MeetIng Park Demand (PFS ~5) Historic park development in western Chula Vista has been impacted by several factors: pre-existing park development standards that differ from current City standards, the Quimby Act - state legislation limiting park dedication requirements for new development, and Proposition 13- state legislation limiting property tax revenues. Increased residential densities and intensity of development will create a corresponding increase in demand for recreation facilities and programs. The current city-wide standard for new development provides for either the dedication or development of 3 acres of parkland for every 1,000 residents or the payment of in-lieu fees. The City's Recreation Development Impact Fee provides a funding mechanism for development of new recreation facility requirements. City-wide parkland and recreation development policies to guide future ordinances and master planning are identified below. Scarce land tends to make parkland acquisition costs (in terms of cost of land and displacement) in western Chula Vista significantly higher compared to d -.jj/ Public nearing Draft the City's eastern territories. While future growth will resuit in the need and requirement for additional parklands and recreational facilities, there will be increased difficulty in securing appropriate park and recreation sites in western Chula Vista where land is largely built out. Lack of vacant and underutilized land, and/or competing demands and uses for land ih the west provide challenges to increasing the park and recreation facility inventory. Maximizing the utility of existing parks and recreation facilities through renovation and expansion and consideration of non-active recreational uses within existing recreation needs is important in the western portion of the City; while this strategy will not provide additional park acreage, it will partially meet the needs of future residents. In addition to parkland acquisition efforts, potential solutions for new park sites include the covering of portions of 1-5 to create park and open space areas and joint-usr; of school classrooms, playing fields and sports courts by the public via joint-use agreements. The provision of a community center within urban development areas should be considered, possibly within a new mixed-use environment. An overall combination of park and recreation facilities that will serve all Chula Vista residents is planned. While a majority of the future demand for facilities - may be met within planned public park sites, there will continue to be a need to rely on quasi-public park sites and joint-use facilities to increase the recreation facility inventory in the City. Details and strategies for meeting park demand will be addressed further through comprehensive revisions to the existing Parks and Recreation Master Plan. General Plan Policies Polices Related to the Urban Core 1) Continue to pursue a city-wide standard for the provision of developed parkland for new development projects on a basis equivalent to three acres per estimated one thousand new residents. (PFS 15.1) 2) Consider a combination of land dedication, improvements, and/or in- lieu fees for park development improvements in the Northwest and Southwest Planning Areas to better serve the public park and recreation needs of future residents. (PFS 15.2) 3) Consider a broad mix of park types and facilities toward meeting park requirements in the Northwest and Southwest planning areas in response to existing development conditions and lack of land availability. Such facilities could include urban parks, plazas, neighborhood parks and community parks to meet the parkland dedication requirements of new development in the west. (PFS 15.3) 4) Promote the inclusion of park and recreation facilities in or near redevelopment areas to both serve the new development and to contribute to meeting existing park and recreation needs. (PFS 15.4) Public nearing Draft d -c2./~ 5) Use park dedication, location and site design andacceptanceofdedication standards as provided in the Chula Vista Parks and Recreation Master Plan, the Park Dedication Ordinance and the Recreation Development Impact Fee (DIF) program, as may be.amended from time to time. (PFS 15.5) 6) Amend the Parks and Recreation Master Plan to add a new .urban park" definition for parks that may be developed within western Chula Vista, subject to specific siting, design and park dedication and credit criteria. (PFS 15.8) 7) Pursue the funding, design and development of a connected park as part of the Civic Center complex which links Will T. Hyde/Friendship Park, the Civic Center and Parkway Memorial Park. (PFS 15.10) 8) Consider the design of non-traditional, uniquely themed parks in the Urban Core and Bayfront that are .stand-alone" attractions or destinations, having unique character and features. (PFS 15.11) The foregoing polices will guide implementation of parks and facilities within the Urban Core. The Specific Plan area is expected to have a system of public parks, plazas, promenades, and paseos that will contribute to the parks and recreation facilities that currently exist in the City. The following parks and open spaces exist or are expected to be constructed in the Specific Plan area. Existing: . Eucalyptus Park, approximately 18 acres . Will T. Hyde/Friendship Park, approximately 4 acres . Norman Park & Community Senior Center, approximately 1.5 acres Proposed: . Lower Sweetwater, approximately 15 to 20 acres . Memorial Park Annex, approximately 3 to 5 acres . Promenade Park west of Broadway, approximately 12 to 15 acres In addition, a series of urban plazas are envisioned along Third Avenue, H Street, and Broadway, as well as a pedestrian promenade along F Street connecting downtown Third Avenue with the bayfront, which will also add recreational value to urban life. .:z.. - 6L/3 Public nearing Draft Public nearing Draft c1->> c. General Plan Discussion: Joint Use of Park and School Facilities (PFS ~8) Increased intensity of development in western Chula Vista and lack of vacant and underutilized land for park facilities will result in an increased demand on parks and schools for recreational facilities. Joint use of facilities provides an opportunity for the school children and the general public to mutually benefit. Public demand for field space for youth leagues exceeds the City's supply of sports fields in City parks, due to competing demands with adult athletic leagues and the sheer number of youth sports teams to accommodate. The City currently relies on individual elementary, middle, and high schools to allow use of the schools' fields by Youth Sports Council leagues. General Plan Policies Related to the Urban Core 1) Promote the City Council and the Boards of the two School Districts entering into long-term master agreements to allow allocation of school fields to the City's Youth Sports Council leagues via a process administered-by the City, and to allow after-school use Qf classrooms at different schools for recreation classes. (PFS 18.1) 2) Coordinate with the School Districts on the design of school grounds and fields to provide for use of these facilities by the City's Youth Sports council leagues. (PFS 18.2) 3) Consider siting elementary schools adjacent to neighborhood parks, where feasible, to allow for expanded use of the school grounds and classrooms by the general public and the park area by the school children. (PFS 18.3) The foregoing polices will guide the City in discussions with the School Districts on possible joint use of facilities within the Urban Core. o. ~nergy and Telecommunications 1. Energy San Diego Gas and Eiectric (SDG&E) owns, operates and maintains the pipes, wires and appurtenances needed to transport natural gas and transmit and distribute electricity to Chula Vista residential, commercial, industrial and institutional facilities. These two forms of energy are essential to everyday life in Chula Vista. SDG&E estimates that additional infrastructure may be needed to deliver energy, serve a growing population, maintain local and regional reliability, and move energy through the western regional U.S. system. SDG&E projects that infrastructure may include new electricity distribution substations in the western part of the City. The following objective and policies relate to the provision of energy to the City. A discussion and related policies addressing energy conservation are contained in the Environmental Element, Chapter 9 of the City of Chula Vista's General Plan. 2. Telecommunications Telecommunications services in Chula Vista Include telephone, cable and wireless communication services and are provided by several companies. Future communication technologies may expand into other fields. Infrastructure upgrades are being made by private providers to facilitate high-speed data transmission and interactive video capabilities. The Citvencourages canstructing new office and industrial buildings with state-of-the-art teleCommunication circuits to utilize these upgrades. 3. Objectives and Policies Objectives and policies directing the generation and delivery of energy are arranged around specific topics or issues. The following describes an issue or topic and how the City has planned for adequate service for the Specific Plan through the General Plan. Supporting objectives and policies follow the discussion. a. General Plan Discussion: Powering Chula Vista (PFS 22) Population growth in Chula Vista will increase demand for energy and power. In response to energy needs, the City embarked on a mission to identify viable options to control the City's energy future. On May 29, 2001, the City Council adopted the City of Chula Vista Energy Strategy and Action Plan (Energy Strategy) and adopted an ordinance to investigate the possibility of creating a municipal utility. d.-dj!>- Public nearing Draft Public Nearing Draft The Energy Strategy identifies recommended actions, including monitoring the energy market and legal restrictions, being prepared to enter into an Electrical Services Contract with an Energy Services Provider or power generatoras allowed by law, partnering with a third party to build and operate power generation facilities, developing an emissions offset program based on mobile sources, becoming a municipal "aggregator" and acquiring electricity at negotiated rates for City facilities and participating residents and business owners, expanding energy conservation projects for City facilities and promoting energy efficient and renewable energy programs for businesses and residents, and developing and implementing a legislative strategy that facilitates the City's overall energy plan. General Plan Policies Related to the Urban Core All policies regarding energy and telecommunications are implemented on a city-wide basis. The Specific Plan does provide for the review of buildings for greater energy efficiency and promotes standards for sustainability in Section 4. Special Guidelines of Chapter VII - Design Guidelines. d c:v(p . Mobility Improvements: This component describes various methods of improving mobility in the Urban Core through investments in pedestrian, bicycle, transit, street and parking systems. . Amenity improvements: This component describes various methods of improving the quaiity of the urban environment through investments in amenities such as street furnishings, gateways, wayfinding signs, public art, and storefront facade upgrades. . Additionai Community Improvements: This component addresses the method for investing in and improving existing and new community facilities such as parks, plazas, schools, utilities, and infrastructure. . KeyShort-Term Demonstration Projects: This section describes a number of seiected-short-term pubiic improvement projects that the City should undertake to demonstrate its commitment to revitalizing the Urban Core and the potential for achieving the goals of the Specific Plan. . Potential Funding Sources: The method to obtain the community benefits listed above includes harnessing the power of private investment and the strategic use of available public funds. This section outlines both private investment obligations and the most likely sources of public funds that are potentially available to the City. 1:. Description of Improvements The following components describe the general approach to achieve the vision and fulfill the objectives for the Urban Core as outlined in the SpeCific Plan. The following sections overview the factors and standards that have been used to develop the facilities list for the SpeCific Plan. Appendix D - Facilities Implementation Analysis is a complete listing of facilities, initial priority, order of magnitude costs, and likely funding source for implementation. Public nearing Draft c{-c1.11 r. l'>1obllity Improvements The Specific Plan provides policy guidance on mobility systems with the primary goal of achieving a balanced transportation system. Inherent in this goal are initiatives that serve to calm traffic, create a friendlier pedestrian and bicycle environment, and vastly improve the availability and service of public transit. Also important to the Specific Plan are mobility connections to other areas of the city, including the eastern Chula Vista and Bayfront areas. ~. Pedestrian Facilities - Capital Projects The primary goal of pedestrian facilities is to provide logical, convenient, and safe pathS of travel throughout the Specific Plan area, making walking a preferred method of travel. a. Sidewalks on all streets throughout the planning area should be improved to include adequate width, a safe and smooth walking surface, and adequate lighting levels as specified in Chapter VIII - Public Realm Design Guidelines. In some cases, additional right-of-way (ROW) or public easements may be needed. Additional amenities such as directional signs, benches, and shade trees are important elements that improve the level of quality for pedestrian facilities. (See cross-sections and intersections in Chapter V - Mobility.) 1) Third Avenue: special paving between 14-foot and 38-foot wide depending on diagonal parking locations (between E Street and G Street) 2) E Street: standard pavIng, between 9-foot and 13-foot wide (need additional 22 feet total, or 11 feet on each side, of easement between 1-5 and 300 feet east of ramp) 3) F Street: standard paving, 16-foot wide with a 6-foot wide Class I bike path in the center of the sidewalk 4) H Street: special paving, 16-foot wide (need additional 38 feet total of easement between 1-5 and Broadway for sidewalk and additional travel lane, need additional 8 feet total additional ROW of easement between Broadway and Third Avenue for sidewalk) 5) Broadway: standard paving, 9-foot wide 6) Woodlawn Avenue: standard paving, l2-foot wide or 24 feet total both sides 7) All other major streets: standard paving, minimum la-foot wide b. Crosswalks at all intersections throughout the planning area shall be clearly marked and improved as specified in Chapter VIII- Public Realm Design Guidelines. Public nearing Draft 1) Special paving at all intersections in the Village District along Third Avenue 2) Special paving at intersections along H Street at Third Avenue, Fourth Avenue, Fifth Avenue, Broadway, Woodlawn Avenue, and 1-5 3) Special paving at intersections along Broadway at E Street, F Street, G Street, and H Street c. Mid-block crosswalks at selected locations, as described in Chapter VIII - Public Realm Design G(Jidelines, shall be installed. . Mid-block with special paving and advanced crossing technology at four locations along Third Avenue in the Village District d. Paseos that connect residential areas, public parking lots, and other facilities to adjacent streets and pedestrian destinations are a key element in an enhanced pedestrian environment. Paseos should be incorporated into private and public improvement projects as necessary to provide exemplary pedestrian access. 2. Bicycle Facilities - Capital Projects The primary goal of bicycle facilities is to provide logical, convenient, and safe paths of travel throughout the Specific Plan area, making cycling a preferred method of travel. To supplement the proposed actions, a bike users map will be prepared to assist commuters and recreational riders in getting around the Urban Core and finding directions to various destinations. a. A boardwalk should be created along H Street and F Street that connects the Urban Core to the Bayfront area. The boardwalk shall consist of an elevated Class I bike path a minimum of 6-foot wide located in the center of the sidewalk on each side of H Street and F Street. The bike paths shall be marked with colored paving and signed to minimize confiicts between pedestrians, vehicles, and bicyclists. Bicycle boulevards will also be evaluated for Davidson Street and G Street. b. Class II bicycle lanes, at a minimum of 6-foot wide, should be installed on Broadway and along the segments of F Street where a Class I bike path cannot be accommodated. c. Class /II bike routes should be established on the following streets: Fourth Avenue, Fifth Avenue, Third Avenue, E Street, G Street, I Street, J Street, K Street. d. End of trip facilities, as specified in the updated City Bicycle Master Plan, should include secured bike racks and bike lockers. Public Nearing Draft c1~-2.lr 3. Transit Facilities - Policy Initiatives and Capital Projects The primary goal of transit facilities is to provide a convenient and dependable alternative to automobile travel throughout the Specific Plan area. Policy InItIatIves . Establish a West Side Shuttle with service on H Street, Third Avenue, E Street or F Street, and Broadway with connections to the Bayfront and Trolley stations at E Street and H Street. The West Side Shuttle should have a relatively short headway of approximately 15 minutes and should run in both directions. CapItal Projects 1) Purchase shuttle vehicles as specified in West Side Shuttle program. 2) Establish shuttle stations consisting of expanded curb and vehicle pullout areas and signs at the following locations: . Third Avenue at H Street, F Street and E Street . E Street at Fifth Avenue, Broadway, Trolley station and Bayfront . Broadway at F Street and G Street . H Street at Fourth Avenue, Fifth Avenue, Broadway, Woodlawn Avenue, Trolley station and Bayfrortt 3) Provide bus stops and shelters at each of the shuttle locations for use by shuttle loop service and city-wide bus and transit service. 4. Intersection Improvements - Capital Projects The primary goal of street improvements is to provide a safe and efficient driving environment, quality road surfaces, and improved traffic operations through lane configurations and intersection designs. Intersections at the following locations will need to be improved to accommodate expected traffic demands. These improvements will include upgraded traffic control, signals and signal timing, turning lanes, and through lane configurations. a. PrIorIty of IntersectIon Improvements Intersection improvements have been divided into three tiers based on priority, with the most important and immediate improvements classified as Tier 1. In each individual tier. the City's existing monitoring program will determine exactly which projects are implemented first during the biannual CIP program review. The intersection numbers correspond to the numbering system provided in Appendix B - Traffic Impact Analysis, prepared by Kimley-Horn and Associates, Inc. oZ - ';;'e2.D Public Nearing Draft 1.) Tier 1. Imorovements . #1 Bay Bou/evardjl-S" Southbound RampjE Street . #2 1-5 Northbound RampjE Street . #7 Third AvenuejE Street . #16 Third AvenuejF Street . #21 Third AvenuejG Street . #24 1-5 Southbound RampjH Street #25 1-5 Northbound RampjH Street . #26 Woodlawn AvenuejH Street #27 BroadwayjH Street #28 Fifth AvenuejH Street #29 Fourth AvenuejH Street . #44 Fourth AveRuejSR-54 Eastbound Ramp 2) Tier 2 Imorovements #34 BroadwayjSR-54 Westbound Ramp . #61 L Stre~ay Boulevard #63 Bay Boulevardjl-5 Southbound Ramp #64 Industrial Boulevardjl-5 Northbound Ramp . H Street from four lanes to six lanes from 1-5 to Broadway 3) Tier 3 Imorovements . #13 BroadwayjF Street . #45 Fourth AvenuejBrisbane Street #57 Second AvenuejD Street Public Nearing Draft ~ - ~:J.) 5. Parking Systems - Policy Initiatives The primary goal of the parking policy is to provide ample, convenient and dependable public parking facilities at three primary locations within the Urban Core: The Village District . H Street Transit Focus Area (TFA) E Street TFA These areas will likely be parking districts designed to assist the private sector in minimizing the provision of on-site parking and providing ample parking for users in each of these areas. a. In five years, or sooner upon identification of need, prepare an update to the parking district in the Village District. This analysis shall address the phased provision of additional public parking including: 1) Maintaining the equivalent of existing public spaces through shared parking and parking management initiatives, 2) Provision of short-term off-street surface parking facilities, 3) Provision of selected long-term parking structures in this District, and 4) Updating the in-lieu fee program. b. In five years, or sooner upon identification of need, prepare a parking analysis that addresses the following for the H Street and E Street TFAs: 1) Maintaining the equivalent of existing public parking through shared parking and parking management initiatives, 2) Provision of short-term off-street surface parking facilities, 3) Provision of selected long-term parking structures in this District, and 4) Determining the appropriateness of an in-lieu fee program. .:<.. - ~d..d.. PUblic Nearing Draft a. Prepare streetscape master plans for selected streets in the Urban Core. Master plans should be prepared with community involvement and should be consistent with the guidelines and recommendations of the Specific Plan. Streetscape master plans should address the following elements: 6, Urban Amenity Improvements The Specific Plan provides policy and design guidance on urban amenities with the primary goal of achieving a physically enhanced and visually attractive urban environment that is a desirable destination within Chula Vista. 1. Streetscapes - Capital Projects 1) Coordination with adjacent infill development in order that street widening and urban design amenities can be incrementally implemented, to the extent feasible, concurrent with new development projects. 2) Coordinated design with street improvement projects, incfuding intersection, infrastructure, and mid-block and crosswalk designs. 3) Detailed designs and materials specifications for all sidewalk areas, incfuding paving, street furnishings, street trees, decorative street lights and other elements. 4) Street master plans should be prepared for the following areas: a) Third Avenue between E Street and H Street b) Broadway between C Street and L Street c) H Street between 1-5 and Del Mar Avenue d) F Street between 1-5 and Del Mar Avenue e) E Street between 1-5 and Del Mar Avenue b. Prepare plans for the 1-5 overcrossings that incfude enhanced sidewalk paving, decorative lighting, street furnishings, public art, and other elements. Coordinate the designs with gateways and streetscape plans for these areas. Plans should be prepared for the following locations: 1) H Street 2) F Street 3) E Street Public Nearing Draft ~-~:2..3 2. Gateways - Capital Projects Prepare detailed design plans for selected gateways in the Urban Core. Gateway plans should be prepared with community involvement and should be consistent with the guidelines and recommendations of the Specific Plan. The gateway plans may be developed and implemented as part of private development occurring at gateway locations. Plans should be prepared for the following locations: PrImary Gateways 1) 1-5 and E Street 2) 1-5 and H Street 3) Third Avenue and E Street 4) Fourth Avenue and C Street Secondary Gateways 1) 1-5 and F Street 2) Third Avenue and H Street 3. Wayfinding - Capital Projects Prepare a wayfinding directional sign program for the Specific Plan area. The program should include incorporation of the City logo or other Urban Core identity brand, informational and directional sign designs to facilities such as public parking, public facilities and other important destinations. The program should include sign hierarchy and conceptual designs, should be prepared with community involvement, and should be consistent with the guidelines and recommendations of the Specific Plan. Actual capital projects will depend on the resulting plan or sign program. 4. Public Art - Policy Initiatives Complete the art in public places program and implement through project review on individual developments and various public improvement projects. Public nearing Draft Public l1earing Draft 5. Storefront/Facade Improvements - Policy Initiatives and Capital Projects a. Policy Initiatives 1) Update the storefront far;ade improvement program in the Village District. 2) Prepare a new storefront far;ade improvement program for the Urban Core District along Broadway. b. Capital Projects . Fund storefront and far;ade improvement projects through the provision of grants in compliance with the adopted program. ~~s- n. Additional Community Improvements The Specific Plan provides policy guidance on a range of public facilities and services with the primary goal of providing excellent facilities and services for the Urban Core residents and visitors. Inherent in this goal are initiatives that serve to produce additional park space; adequate and efficient use of public schools, plazas, and paseo systems; and upgraded utilities and infrastructure. Pursue park opportunity sites within the Urban Core. Each potential park site should be located as specified in the updated Parks and Recreation Master Plan. Each park should contain facilities as required by the Parks and Recreation Master Plan update. The following are general areas for park improvements in the Urban Core: a. Lower Sweetwater Community Park (approximately 15 to 20 acres) b. Memorial Park Annex (approximately 3 to 5 acres) c. Park west of Broadway (approximately 12 to 15 acres) 2. Plazas - Capital Projects Pursue plaza improvement projects, with amenities as outlined in this Specific Plan, in-el7njunction with new development at the general locations shown on Figure 8.69 of Chapter VIII- Public Realm Design Guidelines. 3. Schools - Policy Initiatives Coordinate with Chula Vista Elementary School District (CVESD) and the Sweetwater Unified High School District (SUHSD) to determine the need for additional school facility space as outlined Chapter IX - Infrastructure and Public Facilities. 4. Sustainable Development - Green BuildIng Demonstration The recently established National Energy Center for Sustainable Communities (NECSC) will serve as a tremendous resource to the City throughout the life of the Specific Plan. In partnership with the NECSC, the City will look to generate grant funding speCific to the Urban Core that will support commitments from developers to undertake a green building demonstration program. Through existing agreements and future development programs, the City will target the Urban Core to create an urban model for sustainable community development. ci-~ Public nearing Draft A new resource guide could be developed which includes expanded sustainability goals, design principles and tools for designing and building in a mixed-use or urban development market. A Resource Guide for Sustainable Urban Development could expand upon the Environmental Sustainability Goals and Design Principles included in Chapter VII- Design Guidelines and help establish a framework for the creation of a sustainable Urban Core. Public nearing Draft .,,{ -:lc2. '1 Attachment 8 3. Long Term Implementation Chapter X-- Detailed Description of Improvements Appendix D- Public Facilities Implementation Analysis Projected Cost Estimates Projected Timing Projected Revenues (Development Impacts Fees and Tax Increment) Chapter XI - Application to Subsequent Development Projects UCSP FEIR 06-01 Mitigation Monitoring and Reporting Program C:<-~~I x. Plan Implementation and Community Benefits Program A. Introduction X-l B. Regulatory Framework X"2 C. Visualization X-4 D. Long Term Implementation Process X-9 E. Description of Improvements X-ll F. Mobility Improvements X-12 G. Urban Amenity Improvements X-17 H. Additional Community Improvements X-20 I. Key Short-Term Demonstration Projects X-22 J. Infrastructure Financing Mechanisms and Funding Sources X-24 K. Community Benefit Analysis X-28 Public nearing Draft at -~3CJ I',;: ';'1J, Public Nearing Draft X. Plan Implementation and Community Benefits Program A. Introduction The Plan Implementation and Community Benefits Program is a critical element to realizing the desired improvements to Chula Vista's Urban Core that are outlined in the Specific Plan. The sole purpose of the Specific Plan is to improve the quality of life for Chula Vista residents and visitors in general, with focus on the west side in particular. The vision expressed in the Specific Plan includes investments in streets, transit, parks, plazas, cultural facilities, protection of historic resources, schools, and improvements to City services such as utilities, police, fire, and health and human services. This investment will be supported by a partnership between the City and the private sector as new development occurs. Thus, this chapter of the Specific Plan contains information on and forms a critical link between the improvements the City desires and how both the City and private investment will contribute to make the improvements happen. The Specific Pian is the primary planning tool to initiate positive change and enhance the western side of Chula Vista. The Specific Plan was prepared based on the overarching policies outlined in the General Plan and retined based on an analysis of important economic conditions. NUatensive public involvement program has also shaped the contents and outcome of the Specitic Plan. The result is a Specitic Plan that is visionary, yet realistic, for the future of the Specitic Plan area. -< -2/ B. I!egulatory I'ramework TheSpecific Plan was developed to create a conducive developmentenvironment, one that is responsive to the prevailing market demand. Some of the key policy changes that have been incorporated in the Specific Plan include: . Zoning that is responsive to market needs; . Increased density allowed through specialized "form and standard based" development standards encouraging underutilized and dilapidated properties to redevelop; . Streamlined permitting and entitlement processes; . Area-wide infrastructure and "amenity" (e.g., streets cape and landscape) investments; . Marketing of the Specific Plan area to both consumers and prospective business tenants; . Technical assistance to Specific Plan area businesses; and . Enhanced code compliance to improve the visual appeal and function of the urban environment. An effective SpecifIc Plan needs to be based on a realistic understanding of me market and demographic conditions affecting the Specific Plan area. Simply changing zoning on a map will not attract development unless there is an underlying market demand for a particular land use. On the other hand, if there is immediate demand for a desirable land use that is not permitted under existing zoning, a change in zoning can bring about very significant results. Moreover, appropriate zoning changes can be made more effective if these changes are coupled with regulations that address other potential barriers to development (e.g., onerous parking requirements). With this approach, private and public sectors work together to provide a synergy of uses as well as public improvements and urban amenities. The SpeCific Plan is the first large-scale development plan pursuant to the adoption of the City's General Plan in 2005. As such, it is a critical test of the concepts within the General Plan, particularly as they relate to facilities financing. This Specific Plan assesses the needs for facilities and tests those needs against the funding which would be made available as a result of the development its regulations would accommodate, to prove that the facilities assumptions within the plan are reasonable and feasible. The Specific Plan anticipates, however, that the facilities funding programs to implement and construct public facilities will be a part of larger facilities financing plans which will be prepared for the entirety of western Chula Vista. These plans provide ;(-~ Public Nearing Draft Public nearing Draft for the coordinated provision of facilities to meet current deficiencies and the demands of new infill development. Among such plans are the Parks Master Plan and particular facilities implementation and fee programs related to transportation, utilities and other public facilities. Over the life span anticipated within the Specific Plan, these programs will be initiated, reviewed and revised to keep pace with the amount, location and timing of development and need. Public improvements are especially important, as these elements add value to the area and signal to the private sector that the City is committed to improving the Urban Core. Public improvements thus lay a foundation for future private sector investment, in a sense "priming the pump", encouraging property owners, merchants, and investors to do the same. -? -.:;. 33 c. Visualization To assist with the visuaiization of the benefits and amenities the Specific Plan hopes to bring, photographic visualizations are presented to illustrate how the Urban Core could be transformed in selected areas. Figures 10.1-10.4 show existing conditions, simulations for interim conditions, and near buildout conditions for areas along Third Avenue, F Street, H Street, and Broadway. The rate of development is determined in large part by market forces and will vary in architectural character and form, but the simulations demonstrate the pedestrian improvements, public amenities, and anticipated private investment. It is important to note that the simulations illustrate just one set, of an almost infinite number, of possible scenarios. dc231 Public Nearing Draft Intersection of Th"d Avenue and DavIdson Street - EXIsting CondItIOns. Interim Conditions. and Near Build-out Conditions Public Nearing Draft ~ -.<.3D rg. 10.2 d{ - :L.jJp Public Nearing Draft H Street lookmg east towards FIfth Avenue- EXlstmg CondItIons. Interim Conditions, and Near Build..put ConditIons Public nearing Draft 01. -cf<,3 7 fg. 10.4 ;<-~:3 ~ Public Nearing Draft Public nearing Draft D. Long Term Implementation Process From the beginning oftheSpecific Plan process, there has been a keen awareness that the adoption and implementation of the plan will rest on the amenity value that new development can bring. This value cannot be achieved by attractive pictures and vague promises of future action. Among the key benefits of the Specific Plan will be amenities and capacity enhancements, in the form of such elements as parks, pedestrian spaces, utilities, transit accommodation and roadway improvements. The effort to plan and program the delivery of these essential public facilities within the Urban Core will be especially challenging. In new communities, the City has assessed such matters through the preparation of Public Facilities Finance Plans (PFFPs). These documents have served well to address the extension of facilities coinciding with the relatively short-term timing of new master planned neighborhoods and subdivision improvements. However, the Urban Core presents a vastly different set of circumstances: the placement or upgrading of public facilities within an existing neighborhood, in support of in fill and redevelopment over a period of perhaps decades. For the reasons stated above, the Specific Plan relies on a systematic approach to the delivery of public facilities. These facilities are designed to fulfill the obligations and objectives handed down from the General Plan. The public facilities program also fits well with the ongoing efforts of City construction and operating departments as these departments pursue their own particular studies, creative implementation approaches, and master plans. The ffow chart presented in Figure 10.5 was prepared to show how the Urban Core project includes necessary components to inform the future citywide or western Chula Vista Impact Fee, Facilities Master Plan, and Capital Improvement Program processes. The key bridge from the plan and its regulations into public facilities is the Facilities Implementation Analysis found in Appendix D. The implementation of the SpeCific Plan is also seen as somewhat dynamic and is subject to ongoing monitoring and priority-setting. While projects are assigned priorities based on 2005 factors, the timing and location of development may require that certain facilities be advanced in priority. This schedule assessment will be accomplished through a review of facility performance as part of the biannual review of the Citywide Capital Improvement Program (CIP) budget and through the preparation and maintenance of the City's facilities financing and fee strategies, as these items may be adopted and amended from time to time. Any change in priorities, timing and valuation from the facilities program associated with the CIP or facilities program shall not require the amendment of the Specific Plan, as long as such changes, additions or subtractions are not in conflict with the applicable CEQA review documents for this SpeCific Plan. J. -':<37 FACLITIES [PUBLIC IMPLEMENTATION] Facility ListIRougb Costs/Fund Source Capacity [Utilities, Schools, etc] Amenity [Streetscape, Parks, etc] Mobility [Streets, Transit, etc] REGULA ON AND INCENTIVE [PRIVATE IMPLEMENTATION] Regulatory Requirements Design Standards Amenity Standards and Bonuses Mitigation Measures Fuudin ResourceL-_ Imoact Fee TI/Bonding Gen'l Fund Location I Location I Location I Location 2 Location 2 Location 2 ONGOING REVIEW OF PERFORMANCE, PRIORITIES AND FEES CONDUCTED AS APART OF THE TWO-YEAR CITY CIP BUDGET PROCESS AND FINANCING FEE PROGRAM UPDATES rg.10.5 .;z -~ ~6 Public Nearing Draft . Mobility Improvements: This component describes various methods of improving mobility in the Urban Core through investments in pedestrian, bicycle, transit, street and parking systems. . Amenity Improvements: This component describes various methods of improving the quality of the urban environment through investments in amenities such as street furnishings, gateways, wayfinding signs, public art, and storefront facade upgrades. . Additional.Community Improvements: This component addresses the method for investing in and improving existing and new community facilities such as parks, plazas, schools, utilities, and infrastructure. . Key Short-Term Demonstration Projects: This section describes a number of selected short-term public improvement projects that the City should undertake to demonstrate its commitment to revitalizing the Urban Core and the potential for achieving the goals of the Specitic Plan. .. Potential Funding Sources: The method to obtain the community benetits listed above includes harnessing the power of private investment and the strategic use of available public funds. This section outlines both private investment obligations and the most likely sources of public funds that are potentially available to the City. ~. Description of Improvements The following components describe the general approach to achieve the vision and fultill the objectives for the Urban Core as outlined in the Specitic Plan. The following sections overview the factors and standards that have been used to develop the facilities list for the Specitic Plan. Appendix D - Facilities Implementation Analysis is a complete listing of facilities, initial priority, order of magnitude costs, and likely funding source for implementation. Public Nearing Draft ~-.:z~ J f. ~obillty Improvements The Specific Plan provides policy guidance on mobility systems with the primary goal of achieving a baianced transportation system. Inherent in this goal are initiatives that serve to calm traffic, create a friendlier pedestrian and bicycle environment, and vastly improve the availability and service of public transit. Also important to the Specific Plan are mobility connections to other areas of the city, including the eastern Chula Vista and Bayfront areas. 1. Pedestrian Facilities - Capital Projects The primary goal of pedestrian facilities is to provide logical, convenient, and safe paths of travel throughout the Specific Plan area, making walking a preferred method of travel. a. Sidewalks on all streets throughout the planning area should be improved to include adequate width, a safe and smooth walking surface, and adequate lighting levels as specified in Chapter VIII - Public Realm Design Guidelines. In some cases, additional right-of-way (ROW) or public easements may be needed. Additional amenities such as directional signs, benches, and shade trees are important elements that improve the level of quality for pedestrian facilities. (See cross-sections and intersections in ~hapter V - Mobility.) 1) Third Avenue: special paving between 14-foot and 38-foot wide depending on diagonal parking locations (between E Street and G Street) 2) E Street: standard paving, between 9-foot and 13-foot wide (need additional 22 feet total, or 11 feet on each side, of easement between 1-5 and 300 feet east of ramp) 3) F Street: standard paving, 16-foot wide with a 6-foot wide Class I bike path in the center of the sidewalk 4) H Street: special paving, 16-foot wide (need additional 38 feet total of easement between 1-5 and Broadway for sidewalk and additional travel lane, need additional 8 feet total additional ROW of easement between Broadway and Third Avenue for sidewalk) 5) Broadway: standard paving, 9-foot wide 6) Woodlawn Avenue: standard paving, 12-foot wide or 24 feet total both sides 7) All other major streets: standard paving, minimum 10-foot wide b. Crosswalks at all intersections throughout the planning area shall be clearly marked and improved as specified in Chapter VIII- Public Realm Design Guidelines. :z -d.1-~ Public Nearing Draft 1) Special paving at all intersections in the Vii/age District aiong Third Avenue 2) Special paving at intersections along H Street at Third Avenue, Fourth Avenue, Fifth Avenue, Broadway, Woodlawn Avenue, and 1-5 3) Special paving at intersections along Broadway at E Street, F Street, G Street, and H Street c. Mid-block crosswalks at selected locations, as described in Chapter V/II - Public Realm Design Guidelines, shall be installed. . Mid-block with special paving and advanced crossing technology at four locations along Third Avenue in the Village District d. Paseos that connect residential areas, public parking lots, and other facilities to adjacent streets and pedestrian destinations are a key element in an enhanced pedestrian environment. Paseos should be incorporated into private and public improvement projects as necessary to provide exemplary pedestrian access. 2. Bicycle Facilities - Capital Projects The primary goal of bicycle facilities is to provide logical, convenient, and safe paths of travel throughout the Specific Plan area, making cycling a preferred me.thod of travel. To supplement the proposed actions, a bike users mal'! wii/ be prepared to assist commuters and recreational riders in getting around the Urban Core and finding directions to various destinations. a. A boardwalk should be created along H Street and F Street that connects the Urban Core to the Bayfront area. The boardwalk shall consist of an elevated Class I bike path a minimum of 6-foot wide located in the center of the sidewalk on each side of H Street and F Street. The bike paths shall be marked with colored paving and signed to minimize confiicts between pedestrians, vehicles, and bicyclists. Bicycle boulevards wii/ also be evaluated for Davidson Street and G Street. b. Class II bicycle lanes, at a minimum of 6-foot wide, should be installed on Broadway and along the segments of F Street where a Class I bike path cannot be accommodated. c. Class /II bike routes should be established on the following streets: Fourth Avenue, Rfth Avenue, Third Avenue, E Street, G Street, I Street, J Street, K Street. d. End of trip facilities, as specified in the updated City Bicycle Master Plan, should include secured bike racks and bike lockers. Public Nearing Draft 3. Transit Facilities - Polley Initiatives and Capital Projects The primary goal of transit facilities is to provide a convenient and dependable alternative to automobile travel throughout the Specific Plan area. a. Polley Initiatives . Establish a West Side Shuttle with service on H Street, Third Avenue, E Street or F Street, and Broadway with connections to the Bayfront and Trolley stations at E Street and H Street. The West Side Shuttle should have a relatively short headway of approximately 15 minutes and should run in both directions. b. Capital Projects 1) Purchase shuttle vehicles as specified in West Side Shuttle program. 2) Establish shuttle stations consisting of expanded curb and vehicle pullout areas and signs at the following locations: . Third Avenue at H Street, F Street and E Street . E Street at Fifth Avenue, Broadway, Trolley station and Bayfront . Broadway at F Street and G Street . H Street at Fourth Avenue, Fifth Avenue, Broadway, Woodlawn Avenue, Trolley station and Bayfront 3) Provide bus stops and shelters at each of the shuttle locations for use by shuttle loop service and city-wide bus and transit service. 4. Intersection Improvements - Capital Projects The primary goal of street improvements is to provide a safe and efficient driving environment, quality road surfaces, and improved traffic operations through lane configurations and intersection designs. Intersections at the following locations will need to be improved to accommodate expected traffic demands. These improvements will include upgraded traffic control, signals and signal timing, turning lanes, and through lane configurations. a. Priority of intersection Improvements Intersection improvements have been divided into three tiers based on priority, with the most important and immediate improvements classified as Tier 1. In each individual tier, the City's existing monitoring program will determine exactly which projects are implemented first during the biannual CIP program review. The intersection numbers correspond to the numbering system provided in Appendix B - Traffic Impact Analysis, prepared by Kimley-Horn and Associates, Inc. Public nearing Draft ~) Her ~ ImDrovements . #1 Bay Boulevardjl-5 Southbound RampjE Street #2 1-5 Northbound Ramp/E Street . #7 Third AvenuejE Street . #16 Third Avenue/F Street . #21 Third Avenue/G Street . #24 1-5 Southbound Ramp/H Street #25 1-5 Northbound Ramp/H Street . #26 Woodlawn Avenue/H Street #27 Broadway/H Street #28 Fifth Avenue/H Street #29 Fpurth Avenue/H Street #44 Fourth Avenue/SR-54 Eastbound Ramp 2) Tier 2 Imorovements #34 Broadway/SR-54 Westbound Ramp #61 L Street/Bay Boulevard #63 Bay Boulevard/I-5 Southbound Ramp #64 Industrial Bou/evard/I-5 Northbound Ramp . H Street from four lanes to six lanes from 1-5 to Broadway 3) Tier 3 Imorovements #13 Broadway/F Street #45 Fourth Avenue/Brisbane Street #57 Second Avenue/D Street Public Nearing Draft :z.. -:l. 4 S- 5. Parking Systems - Policy Initiatives The primary goal of the parking policy is to provide ample, convenient and dependabie public parking facilities .at three primary locations within the Urban Core: . The Village District H Street Transit Focus Area (TFA) E Street TFA These areas wili iikely be parking districts designed to assist the private sector in minimizing the provision of on-site parking and providing ample parking for users in each of these areas. a. In five years, or sooner upon identification of need, prepare an update to the parking district in the Vii/age District. This analysis shall address the phased provision of additional public parking inciuding: 1) Maintaining the equivalent of-existing public spaces through shared parking and parking management initiatives, 2) Provision of short-term off-street surface parking facilities, 3) Provision of selected long-term parking. structures in this District, and --- 4) Updating the in-lieu fee program. b. In five years, or sooner upon identification of need, prepare a parking analysis that addresses the following for the H Street and E Street TFAs: 1) Maintaining the equivalent of existing public parking through shared parking and parking management initiatives, 2) Provision of short-term off-street surface parking facilities, 3) Provision of selected long-term parking structures in this District, and 4) Determining the appropriateness of an in-lieu fee program. ~ - J.~~ Public Nearing Draft 3) Detailed designs and materials specifications for all sidewalk areas, including paving, street furnishings, street trees, decorative street lights <md other elements. 4) Street master plans should be prepared for the following areas: a) Third Avenue between E Street and H Street b) Broadway between C Street and L Street c) H Street between 1-5 and Del Mar Avenue d) F Street between 1-5 and Del Mar Avenue e) E Street between 1-5 and Del Mar Avenue b. Prepare plans for the 1-5 overcrossings that include enhanced sidewalk paving, decorative lighting, street furnishings, public art, and other elements. Coordinate the designs with gateways and streetscape plans for these areas. Plans should be prepared for the following locations: 1) H Street 2) F Street 3) E Street 6. Urban Amenity Improvements The Specific Plan provides policy and design guidance on urban amenities with the primary goal of achieving a physically enhanced and visually attractive urban environment that is a desirable destination within Chula Vista. 1. Streetscapes - Capital Projects a. Prepare streets cape master plans for selected streets in the Urban Core. Master plans should be prepared with community involvement and should be consistent with the guidelines and recommendations of the Specific Plan. Streetscape master plans should address the following elements: 1) Coordination with adjacent infill development in order that street widening and urban design amenities can be incrementally implemented, to the exten t feasible, concurrent with newdevelopment projects. 2) Coordinatea design with street improvement projects, including intersection, infrastructure, and mid-block and crosswalk designs. Public nearing Draft 2. Gateways - Capital Projects Prepare detailed design plans for selected gateways in the Urban Core. Gateway plans should be prepared with community involvement and should be consistent with the guidelines and recommendations of the Specific Plan. The gateway plans may be developed and implemented as part of private development occurring at gateway locations. Plans should be prepared for the following locations: a. PrImary Gateways 1) 1-5 and E Street 2) 1-5 and H Street 3) Third Avenue and E Street 4) Fourth Avenue and C Street b. Secondary Gateways 1) 1-5 and F Street 2) Third Avenue and H Street 3. Wayfinding - Capital Projects Prepare a waytinding directional sign program for the Specific Plan area. The program should include incorporation of the City logo or other Urban Core identity brand, informational and directional sign designs to facilities such as public parking, public facilities and other important destinations. The program should include sign hierarchy and conceptual designs, should be prepared with community involvement, and should be consistent with the guidelines and recommendations of the Specific Plan. Actual capital projects will depend on the resulting plan or sign program. 4. Public Art - Policy Initiatives Complete the art in public places program and implement through project review on individual developments and various public improvement projects. Public Nearing Draft Public Nearing Draft ~-~~7 5. Storefront/Facade Improvements - Polley Initiatives and Capital Projects a. Policy Initiatives 1) Update the storefront far;ade improvement program in the Vii/age District. 2) Prepare a new storefront far;ade improvement program for the Urban Core District along Broadway. b. Capital Projects . Fund storefront and far;ade improvement projects through the provision of grants in compliance with the adopted program. N. Additional Community Improvements The Specific Plan provides policy guidance on a range of public facilities and services with the primary goal of providing excellent facilities and services for the Urban Core residents and visitors. Inherent in this goal are initiatives that serve to produce additional park space; adequate and efficient use of public schools, plazas, and paseo systems; and upgraded utilities and infrastructure. 1. Parks Pursue park opportunity sites within the Urban Core. Each potential park site should be located as specified in the updated Parks and Recreation Master Plan. Each park should contain facilities as required by the Parks and Recreation Master Plan update. The following are general areas for park improvements in the Urban Core: a. Lower Sweetwater Community Park (approximately 15 to 20 acres) b. Memorial Park Annex (approximately 3 to 5 acres) c. Park west of Broadway (approximately 12 to 15 acres) 2. Plazas - Capital Projects Pursue plaza improvement projects, with amenities as outlined in this Specific Plan, in conjunction with new development at the general locations shown on Figure 8.69 of Chapter VIII - Public Realm Design Guidelines. 3. Schools - Policy Initiatives Coordinate with Chula Vista Elementary School District (CVESD) and the Sweetwater Unified High School District (SUHSD) to determine the need for additional school facility space as outlined Chapter IX - Infrastructure and Public Facilities. 4. SustaInable Development - Green Building Demonstration The recently established National Energy Center for Sustainable Communities (NECSC) will serve as a tremendous resource to the City throughout the life of the Specific Plan. In partnership with the NECSC, the City will look to generate grant funding specific to the Urban Core that will support commitments from developers to undertake a green building demonstration program. Through existing agreements and future development programs, the City will target the Urban Core to create an urban model for sustainable community development. ~~d..6-V Public Nearing Draft Public nearing Draft A new resource guide could be developed which Includes expanded sustainability goals, design principles and tools for designing and building in a mixed-use or urban development market. A Resource Guide for Sustainable Urban Development could expand upon the Environmental Sustainability Goals and Design Principles included in Chapter VII- Design Guidelines and help establish a framework for the creation of a sustainable Urban Core. c2 ::151 I. Key Short-Term Demonstration Projects The following section identifies key short-term projects or programs that should be undertaken to demonstrate the potential growth and improvements facilitated by the Specific Plan. These particular projects/programs have been selected to create a synergistic approach to revitalization in one of the most critical areas within the Urban Core, the Village District. The projects/programs address private investment in new urban infill residential development, public investment along a major pedestrian and business corridor, and public/private investments to enhance existing businesses that are expected to remain in the short-mid term. 1. Pursue Immediate Redevelopment of OpportunIty Sites Redevelopment of key underutilized sites, particularly within the Village District, with new mixed-use developments should be pursued immediately to set the momentum for other new development in the Urban Core. This initial activity would begin to put more "feet on the street" and create the catalyst necessary for adjoining commercial uses to really thrive and allow an active urban environment to evolve. A number of sites have already been identified and may present unique opportunities for public/private partnerships. Several of the sites are City -ewned and are "either vacant or used as surface parking lots, providing readily available land resources, thus streamlining the development process. The process, review, and development of these, or other sites, would demonstrate the positive enhancements provided by key elements of the SpeCific Plan. In addition, because the area is within a designated redevelopment project area, the new development would provide an almost immediate enhanced revenue stream through new tax increment. In return, this new revenue could be invested in key public improvements and urban amenities within the redevelopment project area. Focus on the Village District is critical in order to realize the benefits of new tax increment within the limited timeframe remaining for the existing Town Centre I Redevelopment Plan. 2. Third Avenue Streetscape Master Plan and Improvements Chapter VIII - Public Realm Design Guidelines provides the more detailed engineering design of physical streetscape improvements of major streets throughout the urban core~ A focused effort to develop a streetscape master plan and improvement plans for Third Avenue between E Street and G Street should be undertaken as a priority action. Third Avenue was selected as a priority due to its location as the traditional center of the Urban Core and the c2 -~:S~ Public nearing Draft a. Involvement of the Downtown Business Association; ability to build upon and integrate the revitalization efforts described above under Section 1. Pursue Immediate Redevelopment of Opportunity Sites. The effort should include: b. Development of a work program and request for proposals; c. Using the public realm design guidelines in Chapter VIII as a basis, further develop detailed design plans, localized pedestrian and vehicular circulation, and street improvement plans; d. Prepare Plans, Specifications and Estimates (PS&E) along with an implementation/phasing strategy for improvements; and e. Community participation with both area businesses and residents. 3. Improve Existing Storefront Renovation Program Over the last several years, the City has implemented a storefront renovation program that has had mediocre impacts on enhancing the existing and future face of the Village District's commercial corridor. While improvements were made "one storefront at a time", the results were often overshadowed by adjoining properties that had not taken advantage of the program. Therefore, it is recommended that the existing program be revamped to better leverage public funds with prIvate investments to promote business retention and growth and augment other revitalization efforts.. The program could be redesigned to have a greater impact along the main shopping corridor by instead improving a number of businesses located cohesively or clustered together. By treating several properties in a row, the architectural enhancements present a greater visual impact to pedestrians, cyclists, and auto traffickers. The initial pilot program should be focused on the Village District's Third Avenue commercial corridor and the Broadway commercial corridor. Improvements that should be considered include new storefront signs, awnings, windows, and paint. Restoration of vintage signs representative of significant periods of history in the urban core may also contribute positively to the pedestrian and vehicular streets cape. Program development and implementation should be pursued and include incentivlzed financing options for participants. Public Nearing Draft ~ -~5",j ... Infrastructure f'inancing ~echanisms and f'unding Sources The following is a list of commonly used mechanisms to fund public facilities. The City of Chula Vista may currently be utilizing some of these mechanisms, but there may be opportunities for better leveraging of funding or for pursuing new funding sources. ~. Redevelopment Funds. The majority of the Urban Core includes areas within various Redevelopment Project Areas. a. Tax Increment Financing (TIF). Tax increment financing is the increase in property tax revenues resulting from an increase in assessed property values that exceed base year values. Within a redevelopment project area, the Redevelopment Agency collects a substantial majorityofthe tax increment financing monies accrued in the project area. All tax increment monies generated and adopted in redevelopment project areas are allocated among four basic public uses: schools, neighborhood improvements, affordable housing, and other public agencies. This funding source provides a critical means to revitalization and public improvement activities by enabling redevelopment agencies to issue tax increment bonds without using general fund monies or raising taxes. b. Set Aside Funds. State law requires that at least 20 percent of all tax Increment financing dollars accrued within a redevelopment project area must be set aside and .used by the agency for the purposes of increasing, improving, and preserving the community's supply of low- and moderate-income housing .... (Health and Safety Code 833334.2(a)). The set aside funds must be held in a separate Low and Moderate Income Housing Fund until used, along with any interest earned and repayments to the housing fund (833334.3). The set aside funds may be used inside or outside of the project area but must benefit the project area. Use of set aside funds for the purposes of increasing, improving, and preserving the community's supply of low- and moderate-income housing may include, but is not limited to, the following: 1) Acquisition and donation of land for affordable housing; 2) Construction and rehabilitation of affordable housing units; 3) Financing insurance premiums for the construction and rehabilitation of affordable housing units; Public Nearing Draft 4) Providing subsidies to, or for the benefit of, extremely low, very low, and lower income households as well as persons and families of low or moderate income; 5) Paying principal and interest on bonds, loans, advances or other indebtedness and financing or carrying charges; 6) Maintaining the supply of mobile homes; and 7) Preserving "at risk" affordable housing units threatened with imminent conversion to market rate units. 2. Community Development Block Grants (CDBG) CDBG are a Federal grant program administered by the U.S. Department of Housing and Urban Development. CDBG are administered on a formula basis to entitled cities, urban counties and states to develop viable urban communities by providing decent housing and a suitable living environment and by expanding economic opportunities, principally for low- and moderate- income individuals. The Urban Core includes areas within the required low and moderate census tracts. Eligible activities that may be proposed for funding include, but are not limited to, housing, economic development, and public facilities and improvements. 3. Business Improvement Districts Business Improvement Districts (BID) or Property and Business Improvement Districts (PBID) are mechanisms for assessing and collecting fees that can be used to fund various improvements and programs within the district. There are several legal forms of BIDs authorized by California law. The most common types are districts formed under the Parking and Business Improvement Act of 1989. Business Improvement Areas (BIAs) formed under the 1989 law impose a fee on the business licenses of the businesses operating in the area, rather than the property owners. The collected funds are used to pay for the improvements and activities specified in the formation documents. A similar assessment procedure was authorized by the Property and Business Improvement District (PBID) Law of 1994. The distinction is that the PBID makes the assessment on the real propertY and not on the business. A PBID is currently in operation in the Village area. Other areas of the Specific Plan may also be ideally suited for BID funding. The range of activities that can potentially be funded through BIDs and PBIDs is broad, and includes parking improvements, sidewalk cleaning, streetscape maintenance, streetscape improvements (i.e., furniture, lighting, planting, etc.), promotional events, marketing and advertising, security patrols, public art, trash collection, landscaping and other functions. Generally speaking, the Public Nearing Draft ~ -.).6-:J BID format works well for marketing and other programmatic activities that serve to directly benefit area businesses (i.e., tenan.ts), whereas a PBID may be more appropriate for permanent physical improvements that stand to improve property values in the area. Given the size and diversity of the Specific Pian area, it may be appropriate for separate BIDs or PBIDs to be formed for different regions within the pian area. In this way, the collected funding could be more specifically targeted to the unique improvement and programmatic needs of each district. 4. Development Impact Fees Property tax limitations imposed by Proposition 13, resulting in the decline in property taxes available for public projects, has led local governments to adopt alternative revenue sources to accommodate public facility and infrastructure demands resulting from growth. Development Impact Fees is one of those sources. AB 1600 (Cortese), which became effective on January 1, 1989, regulates the way that impact fees are imposed on development projects. Impact fees are one-time charges applied to offset the additional public facility provision costs from new development. This may incfude provision of additional services, such as water and sewer systems, roads, schools, libraries, and parks and recreation facilities. Impact fees cannotbe usedforoperation, maintenance, alteration, or replacement of existing capital facilities and cannot be channeled to the local government's discretiC!nary general funds. Impact fees cannot be an arbitrary am 0 u7'frand must be explicitly linked to the added cost of providing the facility towards which it is collected. The City of Chula Vista already has a range of impact fees that are updated periodically. It is important, however, to realize that there are two primary aspects of capital costs (based on which impacts fees are collected) - land costs and building costs. Though the latter can be estimated at a citywide level and adjusted periodically using appropriate inflation factors, land cost estimation is more complicated, especially when one considers significant variations in land values within the city and the necessity to provide land intensive public facilities, such as parks. As a result the land acquisition component of a standardized impact fee may not be consistent with the true costs involved. 5. TransNet In 1987, voters approved the TransNet program - a half-cent sales tax to fund a variety of important transportation projects throughout the San Diego region. This 20-year, $3.3 billion transportation improvement program expires in 2008. In November 2004,67 percent of the region's voters supported Proposition A, which extends TransNet to 2048, thereby generating an additional $14 billion to be distributed among highway, transit, and local road projects in approximately r:l-.t(S& Public nearing Draft 7. General Fund equal thirds. In addition, it will support a robust public transportation system, including new Bus Rapid Transit services and carpooVmanaged lanes along many of the major freeways. Two percent of the available funds will be earmarked annually for bicycle paths and facilities, pedestrian improvements, and neighborhood safety projects. The San Diego Association of Governments (SANDAG) sets the priorities and allocates TransNet funds. 6. Grant Funding A variety of funding options are available though Federal, state and local grant programs. Many of the grant programs target urban revitalization efforts, smart growth enhancements, and transportation planning and are provided on a competitive basis. Current grant programs, such as the Smart Growth Incentive Pilot Program administered through SANDAG, can provide significant funding towards projects that result in furthering smart growth approaches, such as the elements embodied in the principles of the Specific Plan. The City receives revenue from a variety of sources, such as property taxes, sales taxes, fees for recreation classes and plan checking. Revenue can be generally classified into three broad categories: program revenue, general revenue and restricted revenue. Depending on the revenue source, the General Fund may be ~ for a variety of purposes, such as capital improvement projects or streets, sewers, stormdrains and other infrastructure maintenance improvements. 8. Other FundIng Sources Examples of other funding sources that may be considered to assist in the implementation of the community benefits outlined in this chapter include Ad Valorem Property Taxes, the Sales and Use Tax, the Business License Tax and the Transient Occupancy Tax. Public "earlng Draft d. -cJ,6-rt K. Community Benefit Analysis In addition to facilities and amenities outlined by this chapter, as development proceeds in the Urban Core the specific contributions of each project to the community shall be analyzed. Each discretionary project application shall be accompanied bya memorandum form statement of the applicant outlining both the obligatory contributions of the project (in the form of fees, revenue streams and direct facilities construction), and any further voluntary contribution to the community. Voluntary contributions may take the form of: . Design features of the project, which meets some particular community need or environmental goal . Programs associated with the project which may benefit Chula Vistans directly or indirectly It is not the intent of this section that the Community Benefit Analysis be used as criteria for approving or disapproving projects pursuant to this SpeCific Plan. Rather, the analysis will provide an ongoing framework for citizens to understand features of the project that positively contribute to Chula. Vista in ways beyond its physical design. c2 - d.. ,j-e Public Nearing Draft Appendix D. I'acilities Implementation Analysis ~ 'ci:. "'~ ',- If ;-',>,;- -'- ~~; . .', :~',~ 'CO "t- :;~~ q- l~ ' . :~-;-.: w; ~~: f,," '-"", ~~ - ""i - .~:, . ~kj f:~: '''', ~jr ~;,~ ' -- '-,; .-:; f';:'" ,'., ~:\~ ' f",:. ~;~ - ).;' ~~:{ :<, ~d~ . ~;i c' :';_ o " ",' ~~': tJi ~: ~; ~;i 0* ,,~ .X9- '" , ~I; -,,,: '" ,-~. .'.t~ ,;,\;~ '>.' c'" ,y ,', .:d ''';J l:(' :~;~ Public nearing Draft ~<::>(S/ DRAFT REPORT CHULA VISTA URBAN CORE SPECIFIC PLAN FACILITIES IMPLEMENT A TION ANALYSIS Prepared for: City of Chula Vista Prepared by: Economic & Planning Systems, Inc. May 18, 2006 EPS #15001 BERKELEY 2501 Ninth St., Suite 200 Berkeley, CA 94710-2515 www.cpsys.com Phone: 510-841-9190 Fax: 510-841-9208 y ct-.,2~ tJ SACRAMENTO Phone: 916~649-8010 Fax: 916-649-2070 I DENVER Phone: 303-623-3557 Fax: 303-623-9049 TABLE OF CONTENTS I. INlRODUCTION AND SUMMARy OF FINDINGS........................................................... 1 Summary of Findings ...............................................................................................1 II. PuBuc IMPROVEMENT COSTS.................................................................................... 3 m. DEVELOPMENT PROjECTIONS...................................................................................14 IV. DEVELOPMENT IMPACT FEE ANALySIS............................................................. ....... 17 Calculation of Applicable Impact Fees.................................................................. 17 Development Feasibility Impacts of Impact Fees.................................................26 V. TAX INCREMENT FINANCING POTENTIAL.......................... ...................................... 30 VI. CONCLUSIONS ..........................................................................................................40 ctt--.<c, I LIST OF TABLES AND FIGURES Table 1: Table 2: Table 3: Table 4: Table 5: Table 6: Table 7: Table 8: Table 9: Table 10: Table 11: Table 12: Table 13: Table 14: Table 15: Table 16: Table 17: Table 18: Public Facilities and Infrastructure Improvements .........................................4 Allocation of Public Facilities and Infrastructure Improvements- Percentages. ....... ..... ......... .......................... ...... ................. .................................. 8 Allocation of Public Facilities and Infrastructure Improvements- Dollar Amounts ................................................................................................10 Allocation of Improvement Costs by Purpose and Geography through Time ....................................................................................................12 Development Absorption Projections by Time Period.................................. 16 Transportation Development Impact Fee Estimate .......................................19 Transportation Development Impact Fee Projections through Time ...........20 Traffic Signal Development Impact Fee Estimate ..........................................22 Traffic Signal Fee Projections through Time ..............~..................................23 Parks Acquisition and Development Impact Fee Estimate ...........................24 Parks Acquisition and Development Fee Projections through Time............ 25 Total Combined Development Impact Fee Projections through Time......... 27 Feasibility Impacts of Estimated Development Impact Fees ........................28 Projected Tax Increment Available for Urban Core Projects through Time .................................................................................................... 32 Improvement Costs vs. Projected Tax Increment and Impact Fees through Time .................................................................................................... 35 Projected Tax Increment Bonding Capacity by Year .....................................36 Projected Tax Increment and Bonding Capacity Available for Urban Core Projects through Time............................................................ 37 Required Tax Increment Bond and Debt Service to Cover Years 5-10 ShortfalL........................................... ...............................................38 Figure 1: City of Chula Vista Redevelopment Project Areas ........................................31 c2.. -~? :z 1. INTRODUCTION AND SUMMARY OF FINDINGS Economic & Planning Systems (EPS) and McGill Martin Self (MMS) have been retained by the Oty of Chula Vista to prepare a Facilities Implementation Analysis (pIA) for the Urban Core Specific Plan. The PIA involves the following analyses: 1. Cost estimates, definitions of purpose, and allocation of geographic areas of benefit for the public improvements called for in the Specific Plan; 2. Projections of development in the Urban Core Specific Plan area over the next several decades; 3. Identification of public improvements that may be funded through nexus-based development impact fee programs; 4. Identification of any temporary and overall funding deficits attributable to shortfalls in fee revenues versus the costs of improvements; 5. Evaluation of the impacts of such fees on the feasibility of new development; 6. Discussion of the availability and applicability of alternative funding mechanisms, including redevelopment tax increment; 7. Revenue estimates for the tax increment likely to be generated through redevelopment in the Urban Core. This analysis is intended to provide the decision-makers of the Oty of Chula Vista with an understanding of the purposes of various improvements, the extent to which the development in the Urban Core is likely to support the required costs of those improvements, and the various mechanisms through which those funds could be generated. This knowledge will be critical in prioritizing the public infrastructure and facility investments in various locations and at various times. SUMMARY OF FINDINGS This analysis has led to the following conclusions: 1. The public improvements called for in the Urban Core Specific Plan are estimated to cost a total of $135 million in today's dollars. These improvements include projects for transportation, traffic signalization, transit, and public spaces (parks and plazas). 2. A limited group of these public improvements are required to provide new capacity for development expected to occur in the Urban Core. The remaining improvements are required to address existing deficiencies and/or aesthetic 1 P: \ 15000s \ 1500 1 ChU/1I Vis~aCortSP \Report \ D51806DrftRpt2.doc =:1-,,2 ~ 3 Draft Report Urban Core Spedfic Plan Facilities Implementation Analysis May 18, 2006 improvements in the Urban Core, and may have wider areas of benefit, including the Bayfront, Western Chula Vista, or the entire City. 3. Based on the findings and projections of market research, it is estimated that roughly 3,600 housing units, 259,000 square feet of retail, 1.1 million square feet of office space, and 650,000 square feet of hotel/motel will be developed in the Urban Core Specific Plan area through the year 2030. Full buildout of the Urban Core's expected future development-an additional 3,500 housing units and 200,000 square feet of office-may not occur for several additional decades. 4. The imposition of development impact fees in the Urban Core based only on those improvements required to mitigate the demands from new development would result in Transportation and Traffic Signal fees that are below the current levels being levied in Chula Vista. The Parks Acquisition and Development (PAD) fee calculated for the Urban Core would be slightly higher than the PAD fees currently applicable in Western Chula Vista, but well below the current levels in the Eastern Territories. 5. The impact fee revenues would not cover the full costs of improvements as detailed in the Specific Plan, and are also expected to lag behind the desired pace of improvements, which are heavily concentrated in the "5-10 year" timeframe. In sum, the impact fees calculated herein would be expected to cover roughly half of the total costs of improvements included in the Specific Plan.- 6. The impact fees, as calculated for the Urban Core, would not materially affect the feasibility of desired residential or commercial development. 7. The development and continued value escalation of Redevelopment Project Area parcels within Western Chula Vista is projected to yield a total of nearly $200 million (present value) in tax increment through the year 2036. This does not include or assume any increase in revenue related to development proposals currently being discussed for the Bayfront area. 8. If impact fees are levied in the Urban Core as calculated in this document, only about $67 million or 35 percent of the tax increment would be required to fund other improvements not covered by the impact fees, leaving roughly $127 million (present value) for other projects within western Chula Vista redevelopment areas. 9. Alternative funding sources such as regional or intergovernmental grants, Capital Improvements Program funds, developer exactions, and land-secured financing (Mello-Roos districts) may also be appropriate and attainable for certain improvements, thereby lowering the financial burden on the desired Urban Core development and allowing more tax increment funds to be used for other priorities in the aty. 2 P: \ 150005 \15001 ChulflVisfllCoreSP \Report \ 051806DrftRpt2.doc o? ~ t.,-'I II. PuBLIC IMPROVEMENT COSTS The Urban Core Specific Plan identifies a variety of public facilities for which this implementation analysis has been prepared. Some of these facilities are required to provide capacity for new residents, workers, and visitors to the Urban Core. Examples include intersection and roadway improvements, park improvements, etc. Other public facilities in the Specific Plan serve users beyond the Urban Core, such as the interchange and transit improvements that will be used by Bayfront and Eastern Chula Vista populations as well as those in Urban Core. City staff, MMS, and EPS have established the list and estimated the costs of public improvements associated with the Urban Core Specific Plan, as shown on Table 1. The costs for these improvements have been estimated with contingencies included, and have been verified as reasonably conservative by City engineering staff. As shown, it is estimated that the total costs of public improvements for the Urban Core Specific Plan will total roughly $135 million, in today's dollars. The list of improvements has been segregated into four categories: transportation improvements, traffic signals, transit improvements, and public spaces. This categorization is helpful in estimating the levels of impact fees that would be required to provide such improvements, and comparing those fees to the existing fees imposed in the City of Chula Vista. As Table 1 shows, the majority of the public improvement costs are categorized as transportation improvements. These include freeway interchange improvements, street widenings, added turn lanes, roadway restriping, etc. Sidewalk and crosswalk improvements are also shown in this category, as these improvements would be most efficiently constructed during the improvement of the streets. Public spaces comprise the second largest category of costs. Table 1 shows that three major park improvements would be required under the Specific Plan - Lower Sweetwater Park, Memorial Park, and Promenade Park The costs of acquiring land and developing park features are included in these cost estimates. In addition, numerous plazas are envisioned throughout the Urban Core. These plazas would provide a different type of public space than would a traditional park, but are similar in providing public access to places for congregation and recreation. EPS has assumed that the public space acquisitions and improvements generally would be phased according to the demands created by residential development in the Urban Core, but in fact may occur more opportunistically as parcels are available. Also, it is important to note that the park improvements (excluding the plazas) sum to roughly 33 to 40 acres. This amount may not be adequate for all of the residential development ultimately envisioned by the Specific Plan, but the total demand is assumed to be met in combination with proposed plazas in the Urban Core and parks in the Bayfront area 3 P: \ 150005 \ 15001 ChulllVistaCortSP \ Report \ OS1806DrjtRpf2.doc c;(-O(~ Table 1 Public Facilities and Infrastructure Improvements Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Imp_ntII Carn...... T..., COOl T1mo F_ D.acrlpllonf Comments TRANSPORTA110N IMPROVEMENTS BayBIvdII.5SBRamplEStrellt F StreetlmprtMtlTlllnts (1-5 to Fourth Ave.) Add EB,SB and NB !iaht-tumlanes F Street Sidewalk Improvements 11-5 to Fourth Ave.l RestrillllAlRamp $10,000 o-SYllalS 4Sfe8\wlde, IncludesCMisslorll BlkaLane $8,056,000 O-SYllillS sidllwalkliahtfna $3,813000 0-5 years AddprolllCltYllplusplllTlllulwpMslng,'dda12' wldewl$lbol.llldrighllUml,n.12O'Inl.ngth IndudlldIn C1P $74,000 D-Svears $74000 o.5YllIrs $74000 O'S....an Colltdinlle wlth C.lTnlOs, Only Rnlripe $10,000 0.5vIIlal$ COlltdnlle wlth Carrlllne, Only Restripe '10,000 o-SVllIn ClKIllllnatll willi CarrlllnS only Rntripe $10,000 0.5viNll'$ RlghlTumlanll,striPlna $10000 D-SViNll1I RillhtTumlanllils,slri~a $10,000 o-s....an RlahtTumlanes,stri~g $10,000 D-5viNlrs Includes8C/11SSWalksailnlllrsediDns $550,000 0.5 years AssumeSpeelal P'Ying between 14 to 3S'widll (d.pltndsondlagonalpart(ing)'Sld.....alk monolfttllt tllrb and gutter, drlvewaysand sldllWalkllahlino, $1744.,000 0-5YIlIIS M1dblockCltlulnasandentlaneedsidewalk $954,000 0.5 years NarrowmostofThinl~veentlreltlad $5.014,000 0.5yulS AssuITlllilSpeclalPa'lingIl'wideSldew'lk monollll1lc curb and gutter, drtveways, sldllWalk liatltina $7469000 So10vears AssulllllSllImpedPaYinllS'wlde $93,000 5-1011'1S 'Mden Road 14' Newpa'llllment (112' curbto l:lIrtJ wIIh 12'1lI1sed medlln),sl.reet lights. lane mllrt/nas,curb,lIutlllrllnddreinllCle S3.De6,OOO So10vIlIrs New pavem.nt (82' curb 10 curb w~h 12' reised medlan),SlnIetllghts,llInlllllllfblgS,curb,guttllll" IlfIddllllnllO' $15635,000 5-10vea" RllstriPllAtRBmp '10,000 SolO yea" WklllllESlr-.etSbcFllet300fellllinllllnglh, IlIllroadBImlI~locat.,~strtpebridge $13iOOO 5-10 years 86' Widll 14' l'lIised median, s~llIllahls 54,951,000 SolO V"" PBg.10f3 FlfthAveII-l S\reel Chanae Approach Fourtf1AV8/HstreelAddLane Fourth AveJSR-S4 EB Rlmll Add Lanll 1_5 NB RllmpiE Streel Add Lanll & LRT 1_5 NB RBmPl1'1 Strefll Add LanllsILRTlRllStrlpll 1-5 sa Rllmlll'HStreeIAdd Lanes Tllin;l AVllIE Sftel ConYBrt Lanes Thln:l AYIIiIIF SlIHt Convert La",s Thlnl AveIG SlRllI Convert Uines ThlrdAvenullCI'O$SWBlkPllYinglVillagllOls1r1ct) Thln:l Awnue Sidewalk Improvements T111n:l Awnull Mld/:lloek Imllrovemanls (5 1ft! 50' LF each) T111n:lAvenuestreetlmllrovemenlsIEtoGSI.l BroadwllV SlII_lllk lmllf'OwmBnis IC 10 L st.} Brolldwav$oeeilIIPavina.Crosswalks BroadwllY SlrH\ Imllf'Owmenls (E to F St.) BroadwllV street ImproYBmllnls (C 10 Est., F to L SI.) BroBdwBVISR_54 11\9 Ramll Re$ir111l1 ESlreetlmllf'O'IIlImeIllSI1-5to300'eastofl'llmp) H SlrlIllt Improvemants ll-5 to BroadwIlV) EcolI_IPloIIIlIIIoSy.......lM.1JI1117OO/1 ~ c:Z&~ SlandarllpaYingofHI'w~lncI.land5CBplnll, trellwells,ndrumlturelliahtina? ChanaeNBlSSllllProBehllS Add EEIIVvB riaht-tum lane AddEBriatlMumlllne Add lane and LRT ame HPBf8llon Add IInll, LRT 11m. uparUJon & I'IIlrtpe Add sa left. ED t/lru and natlt tum lanllS Convert to uduslve r1ah\-lUm IanH Con'llllrttoellduslverilrhl-tuml.alltlS Conwrt to 8llCIusMl r!Q:h\-tum I,nes Crosswalkspad&lpaWlaalonaThinlAve 18' wide improwments Ind.landseapJng, IumKul'll, tree walls, and IlahllllU 3e'wldeImpn:lVllilmentslllmld-blodr;crosslngs Ind.landsl:llplng,fum~ul'll,lnlllWells,llnd lIahtina CrosswalksDBclBloavlnaatE,F,G HStrelllS Medlin & landscaplng,ighllng. (lUro.guttar, biklllanllS Total c:osl ad}us1ad by SElMto Ind. current TransNel PI'OIIram Improwments, Restripeirtio$tlal'llldla1klahtlllna P,115OOOo11MOICIl""'_eC...sF>_S1IOl1te1...IM Table 1 Public Facilities and Infrastructure Improvements Urben Core Specific Plan Facilities Implementation Analysis; EPS #15001 Improy..".. Com_"" T.... coot - ,- DN;l;rtptlonl ComlMm:. JSIr&8t/I.5NSRarnpA<ldLana Conslructkmreaslblll\yunderrevl_ $10,000 5-10yea~ Add EB iell-l1Jm and VW right-turn lane LSt...,VSayBIYdSianaVA<ld18ne Construdionreilslbllllyunderrevl_ $ol74,000 5-10 years Add slaMI, SB left.wm, and NB rlllht-tum standardpavlngll'.13'lncl.landseaplng. furn~ure, t..., wells and Ightlng. Figure shown Enhanced landscaping. dliYeWays, sidewalk = SO% ore5llrnate provided due 10 reduced E Slreet Slreetscepe IrrlPfOYllmenb (1-5 10 Broadway, 3rd Aw. 10 4lh Ave.) lIahtina $2.211.500 10 + Years soopeofaree 10 be lmproYlld. H street Improvements (Broadway to Third! 70'wlde 14'ralsedmedlan streetlights Si.231,00Q 10" Years Aseuma Special p...,;ng ill' wide SId__lk monollthlccurbandgutter,drlv&wllys,slcIewalk lighting, nellld 38' ROW between t.-5IBroadway, B' H St...,t Sid_alk. ImproYllments ROW between BroallwaylThin:l A~) $1,988000 10"Yeal1l Does n<ll Ind. addltional ROW C05t5. Crosswalkspecilllpeving.tThird,Fourth, HStreeISP&dlIIPavlng.Crossw.Ik$(I.StoThirdAve.} Assume Stamped PaWlg 8' wkle $389000 10 + Yeal1l Flfth,BI'OIdw,y,'Noodl.wn & 1-5 Woodlawn Aw Sid_all; ImproYlHnllnls (E 10 H St.) 2f1wldestandard $1.710000 10"Yellrs Woodlawn A.... St...,llmprovemenlS (E to G St.) lncklderal$ed median connect 10 H slreet $U8875O 10"Yaars Doesn'lndude land 8CQuil~ion costs -- <.n SubtUal, "-~on $70,",,210 TRAFFIC SIGNAL Bay BIYI:lIl-S S8 Ramp SiaMI COOn:linalewithCilllrw.ns&CCV $2S0OCO 5-10 years Add signal BroadwaylH _el JumperLane Sians, Tralllc 5Qnal Modlllcallon .'"'" 5-10 years Addiumperlanaorlhrulan& Industrlril BlYdII-S HB Ramo Sianal PetCCV C.rrranscoonllnlllon, $250,000 5-10.,ears Addsialllll Se<:ond AvelOStrelItAII.wav SttIo "\NfIYStoIll'2S1oDSians $10,000 10 + Yeilrs Conwr1toall-waystoo Fourth Ave/BriabanestreetSklnalPhase PerCCVaddsklnalheild.ras\r1pe,reprogram $7"000 10"Yaars AddS8rlllhl..l1JmoverlappllaselosiQnal SIlbtcQI, TmIk S1gMl '121,000 TRANSIT IMPROVEMENTS CoslperCCV(3 c; 3rdAw," Gl ESt.. 2 II>> At nch shullle SlOp by shllttle loop selVice Ind Bus$hellers Broa<lway and II 411 H St.} $1139,000 S-10ynrs ~itywlde bus and lransll sei"M:& SubtoU;l,TraMfl.-npl'DY*nMtS $11',000 &011_ & Plollllit!gSyoNm.. hie. ~t.,.t,!~ Page20r3 P:ll_11_1C1M1l.V;..C....SI'lMo_1051_...>lO at-=<" 7 Table 1 Public Facilities and Infrastructure Improvements Urban Core Specific Plan FaclDtles Implementation Analysis; EPS #15001 ............. Ducltptlon/ c_... Corn....ra T.... .... - ,- PUBUC SPACES ..... Lower Swaalwlller Park & ImprowrnenlS Mttmorial Park Annex & P'rll.Jmprovemenls Promenade Park & Improvements (West of Broadway balween E & H ~1.1 P..... 30:1 A....IH Street PlllZlllmpl'OYllmenls 1.5& FstrMtOYen:rolSlngPlua TtIinlAve&FStreetPlaza Third Ave ftI Memorial Park Piau -4tI1 AvelH SllMI Plaza Improvements 5th AvelH Slr8et PlazlIlrnprovaments BroadwaylESll'eeIPIIIZII&tmPftlvements BroldwlYlH Street Pilla & lmol'OY8rnenls ESt. I!DTrollIyStalfon H street (!Jl Chula VIsta Canter CMtlf) HSlrut<<ll'MlodlawnPlaza 1.5 & E snet OvererossinQ Plaza I.S&HSlree\OvereroS$ltoQPl:lu (UCSP EsI.l 15-20 ac (UCSPEsll3-5.c {UCSP Esl) 15.c Subtotal.P1Irb $30000,000 $7,500,000 122.000,000 $O,lllO.ooo Existing """'" "50'" $350,000 $350,000 $350,000 $350,000 $500,000 $350,000 $350000 $350000 $350,000 $3SO,ODD $350,000 5350,000 Subtotlll, PIuu $4.,700,000 Subtotal, All PIIbllc S~llS (Pam and PI&zQ) $II4,ZOO,OOO TOTAL. AU PUBUC FACIUT1E8 AND INFftASTftUCTURE IMPROveMENTS $131.....210 5-10yea~ 10+Yea~ 10+YeI~ O-S\I1IlI~ O-Svevs 0-5\111l1rl1 o-5yea~ 5-10yearll S-10yearll 5-10ye.~ 5-10ve.~ 5-10ye8~ 10+Ye.~ 10+Ye.~ 10 + Y8ars 10+Yea~ Unftcosts8resxpr1Issadin2005dolllrsthroliQhthesn\irespreadsheelandwlll be subjeclto chanQe, Nurnbersarero\lndedlolhelhollsandtttsd~8r. SctImN: CitydChula VIlta'McGilfMartin Salf; Economic&~f1 Syatoma, Inc, EGlHIO,,"cIPl"nn/llgSyolWr!../nc.SI1et.!OOI Paoe3of3 d -02 i. f?' P,11-.t15001Cb"",vtarorc...SPw_IllS1.-.,,'" Draft Repart Urban Care Specific Plan Facilities Implementation Analysis May 18, 2006 The costs for transit improvements and traffic signals are fairly minimal in the Urban Core Specific Plan, with each category representing less than $1 million. Tables 2 and 3 further define the costs of various improvements according to the purpose of each improvement and the geographical areas of benefit. These distinctions are critical in understanding the nexus between new development in the Urban Core and the need for additional improvements, as well as identifying costs that should be borne by a larger geographic area than just the Urban Core. For example, new development in the Urban Core may not be responsible for fully funding improvements that will substantially benefit new development in the Bayfront area or existing development in the Eastern Territories. EPS has worked with Oty staff to conceptually allocate the costs for various improvements by purpose and geography. Table 2 shows these allocations by percentage of costs, while Table 3 calculates the actual dollars amounts implied by those allocations. It is important to note that the improvements shown as being the responsibility of the Urban Core to provide new capacity are only those improvements identified as required for mitigation in environmental in1pact assessments. All other costs are "optional" in the sense that they are not required for environmental mitigation, and thus would not be wholly attributable to new development in the Urban Core. This distinction represents a highly conservative assumption regarding the nexus requirements for impact fees, as it is possible that other improvements intended to serve new Urban Core development may also be eligible for impact fee funding. This present study is not intended to fully document the nexus relationships between development and needed improvements; such analysis would be required separately prior to the adoption of any impact fees unique to the Urban Core. Table 4 provides an estimate of the improvement costs by category, purpose, and geography in three different time periods-within five years, five to ten years, and ten or more years. This assessment distinguishes those improvements that are most critical to support new development in the near term from those that are likely to be required only as the Urban Core undergoes substantial new development. As Table 4 shows, most of the costs attributable to the need for added capacity for development in the Urban Core are associated with public spaces. The transportation improvements are largely allocated to Otywide responsibility, as many of the improvements are required or desired to enhance traffic flow and the urban experience on major corridors that serve the entire Oty rather than just Urban Core populations. Again, the Urban Core is assigned only those transportation improvements identified as being required to mitigate additional traffic associated with new development in the Urban Core-the remaining costs are assumed to be more broadly shared. It is important to note that several improvements envisioned for the Urban Core area are not included in this analysis, for various reasons. Parking structures for the transit stations and for the Village have not been included as costs in this Urban Core facilities analysis, because they serve a Oty-wide or even regional population and may be funded through other means. Similarly, the costs of building pedestrian paseos have not been c:;::( ~ t 9 P:\15000s\15001ChulIlVistllOJreSP\Report\051806DrjtRpt2.doc Table 2 Allocation of Public Facilities and Infrastructure Improvements - Percentage. Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 '-- ,..., Coot - ,..". % NMdad For: - ~ A!I:IIn!rl -.. - ~, - !O'i. CIty- "'* TRANSPORTAT1ON IMPROVEMENTS , va. va. "",- .. $10000 ., ,. 100% .'" 33% $6056000 ., ,. 100% 100% $3813000 ., ,. 100% 100% $74,000 ., ,. 100% 100% $74000 .. ,. 10'" 100% $74000 .. ,. 10'" '00% $10000 0-5 ". 10'" .'" 33% $10000 .. ,. 100% .'" 33% $10000 ., ,. '00% .'" 33% 10000 .. ,. 100% 100% $10000 .. ,. 100% 100% 510000 .. ,. 100% 100% 50000 ., ,. 100% 100% $1744000 0-5 ". 100% 100% $954000 0-5 ". 100% 100% $5014000 0-5 100% 100% $74t19ee&--- ~10 100% 100% 100% 100% ~ SubtDQJ,TIII~tIon $70,4H.250 TRAFFIC SIGNAl.. $250000 '36000 $250000 $10000 574000 5-10 Irs 5-10 Irs 5-10 Irs 10+YlllllS 10+YUB 100% '00% '00% 100% 100% 57% 100% 57% 100% 100% 33% 33% Subtotal,TrafllcSl;nIIl $A22,llOD E..".....-c&P1~.s,v.m..!""_5I1Irl(lOll Page1of2 P,11_1~ICI,,"'_Ca...sP\M_I_'" cf( -.1 7' () $169000 ~" ... 100% 100. swtotal, Trw....1t ImprowIMntI $119,000 ... ... roo ~ Samtotll,Parb ........... Table 2 Allocation of Public Facilities and Infrastructure Improvements - Percentage. Urban Core Specific Plan Faclllttes Implementation Anatysla; EPS #15001 ImprowlMnIa T.... Coot - F~_ TRANSIT IIPROVEMENTS BusShellllB PUBUC SPACES " SUbtoUII.Pluu $4,700,000 Subtotl.l, All Public SpIIc.. (p.1b IWl P\Qu) $1(,200,000 TOTAL, ALL PUBLIC FAClLmES AND INFRASTRucnJRE IMPROVEMENTl! $1S5AP,2fiO Un~costsil"explusedin2005dolilrslhlOughlheentirespl'tladlhecltand....;J1 be subjecl to change. NumbersallllOundedtolhet/louSilndlhsdollal. Soutt:u..otyolChulilViatil;McGillMwtinSillf,.Economic&PfilMingSystsms,lnc, E<KIII_.&~$1SI""..ln..Y'I_ Page 2 012 dZ -;;( '1 / % NMcIH For: - - - 100% 100% 100% '00% '00% 100% '00% 100% 100% _. .... 100% 100% 100% '00% 100% '00% 100% '00% 100% 100% "0% o.a Ic:el RiM "y. f!OIll - s;& CIty. - P:lf_'500'C~"~Co",S__IOS1_LlIIII Table 3 Allocation of Public Facilities and Inf....tructure Improvements - Dollar Amounts Urban Core Speclftc Plan Facilities Implementation Analysis; EPS #15001 T"'" - . NHded For: ... ............"" COot F_ - ..... .... - CIty. - - !:sa fmDl ~ "'* TRANSPORTATION lMPROVEfoENTS .... $10000 l).5 ~ $10000 " "700 $3300 " " 1-5 to Foutth Ave 16056000 ~, ~ so .....000 so so 56058000 so ements 1-5 \0 Fourth Ave. $3813,000 l).5 ~ so $3813,000 so so $3813000 so $74000 ~, ,. $74000 so $74000 so " so $74000 ~, ,. $74000 so $74000 so " so $74000 l).5 ,. $74000 so $74000 so " so $10,000 ~, . $10000 so "700 $3300 so so 10000 ~, ,. $10000 so 700 13300 so so 10000 ~, ,. 110000 so '6700 $3300 so so $10000 ~, ,. so $10000 " so so $10000 $10000 ~, ,. so $10,000 " , " $10000 $10000 ~5 ~ so $10000 so so " $10000 District $550,000 l).5 ,. " ""000 " " " $550000 $1744000 ~5 ~ so $1744000 so " " $1744000 LFeach $954000 l).5 . so $954000 so " " $954000 ~ $5014000 l).5 " $5014000 " " " $5014,000 '" $7489000 5-10 " $7.469000 " so " $7.469000 $3,066000 " $3086,000 $15,&35,000 " $15,835,000 " " so " 1,10750 " " $1710000 " " " $4668750 " " 8Llbtotal.Tnlr~r1lltlon "......... $6,....000 IU,W,25(j $11,471,'10 '1,1U,'20 $1a,V74,7$(J ,,"-1",000 llWF1C ~...... B BivdlI-5SBRa " $250000 5-10 ,. "50000 " $167500 $62500 " " B~ IHStre.tJll La", $38000 5-10 ,. $38000 " $3.000 " " " IndustrialBM:UI-5NBR Sin. $250000 5-10 ,. ""000 " $187500 $82,500 SO " SecondAveJQ lraetAl Sto $10000 10+Yealll $10000 " $10000 " " " FOllrth AvetBrieblne sn-\ Si nal Phase $74000 10 + Yealll $74000 " 74000 " " " SUbtotIII, TrafficSlllnal $8"'000 $8"'000 " _.... "...... SO SO E'_o.~s~"",.ytl/'%l:lOe Pagl1of2 ".1f_I5001Cll.ul'18tlc-SfJIM_,II_..m cd{ -ot 70'< Table 3 Allocation of Public Facllftles and Infrastructure Improvements - Dollar Amounts Urban Core Specific Plan Facilities Implementatlon Analysis; EPS #15001 e.2 -~ l' C3 Table 4 Allocation of Improvement Costs by Purpose and Geography through Time Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Improvement Category Geography 0-5 years 5-10 years 10+ years Total Transportation Costs New Capacity Urban Core $248,800 $3,744,580 $0 $3,993,380 Bavfronl $13200 $1 839420 ~ $1.852620 Tolal $262,000 $5,584,000 $0 $5,846,000 Amenity Urban Core $0 $0 $7,484,500 $7,484,500 Bayfronl $0 $0 $0 $0 Western Chula Vista $9,869,000 $0 $1,105,750 $10,974,750 Citywide $8.292.000 $26.263.000 $11.608.000 $46 163.000 Total $18,161,000 $26,263,000 $20,198,250 $64,622,250 Traffic Signals New Capacity Urban Core $0 $373,000 $84,000 $457,000 Bavfronl ~ $165.000 ~ $165.000 Total $0 $538,000 $84,000 $622,000 Transit Improvements Amenity Urban Core $0 $0 $0 $0 Bayfronl $0 $0 $0 $0 Weslern Chula Vista $0 $0 $0 $0 Citvwide ~ $169000 ~ $169.000 Total $0 $169,000 $0 $169,000 Public Spaces New Capacity Urban Core $1,400,000 $31,900,000 $30,900,000 $64,200,000 Total Improvements New Capacity Urban Core $1,648,800 $36,017,580 $30,984,000 $6B,650,380 Bavfronl $13200 $2.004.420 . ~ $2.017.620 Tolal $1,662,000 $38,022,000 $30,984,000 $70,668,000 Amenity Urban Core $0 $0 $7,484,500 $7,484,500 Bayfronl $0 $0 $0 $0 Weslern Chula Vista $9,869,000 $0 $1,105,750 $10,974,750 Citvwide $8.292.000 $26.432.000 $11 608.000 $46.332.000 Tolal $18,161,000 $26,432,000 $20,198,250 $64,791,250 Sources: City of Chula Vista; McGill Marlin Self; Economic & Planning Systems, Inc. Economic & Planning Systems, Inc. 5/1812006 P:\1SOOOs\15001Chu/aV;s.CoreSPIModtJ/s\051806tbleu/s :L-.271 Draft Report Urban Core Specific Plan Facilities Implementation Analysis May 18, 20/J6 included, as it is assumed that private development would be encouraged to construct these as part of their site plans. The costs of wastewater treatment facilities required to serve new development are assumed to be fully funded through existing user fee programs. And finally, the costs for grade crossings at E and H Streets are to be funded through SANDAG as regional transportation improvements that will appropriately rely on a combination of locaL state and federal transportation dollars. c1' -c:; 7SP,\15000,1l5001ChUI,V;,""",",SP\R<po.,\051806DiftRP".d" III. DEVELOPMENT PROJECTIONS The Urban Core Specific Plan proposes new rones to implement new development and redevelopment within designated areas consistent with the Oty's General Plan over the next 20 to 25 years. Because of the current developed condition of the Urban Core, and the unique nature of urban revitalization, the exact extent, timing and sequence of infill development and redevelopment pursuant to the new zones is unpredictable and depends on a variety of factors. These include, but are not limited to, long-term viability associated with recent development; longevity of other existing residential and commercial uses that may not redevelop over the 25 year planning horizon; preservation of significant historic structures; and development costs associated with the acquisition, demolition, and cleanup of urbanized land. To that end, the Specific Plan anticipates the following projected buildout over the life of the plan consistent with the General Plan: Type of Development Net New Development Potential In Urban Core at Full Bulldout 7,100 units 1,650,000 square feet 1 ,300,000 square feet 650,000 square feet Multifamily Residential Retail Commercial Hotel/Motel Previous analyses generated by Economics Research Associates (ERA) projected the amount of various types of development that are likely to occur during the next several decades. The ERA work, presented in a documented entitled City of Chula Vista Urban Core Specific Plan Market Analysis Gune 2, 2005), indicated the following assumptions could represent an aggressive growth scenario for the Urban Core through 2030: Development Type Residential Office Total Demand through 2030 3,639 Units 1 , 122,000 Square Feet Average Annual Absorption 146 Units 44,880 Square Feet Note that the ERA study indicated that there would be no net new retail development in the Urban Core, as the report determined that the Urban Core already had as much retail as could be envisioned for the future. Also, the ERA report did not attempt to estimate demand and absorption for hotel/motel space. To estimate the total new development in the Urban Core over the next several decades, EPS has used the ERA absorption projections for residential and office space, shown above, and created new projections for retail and hotel/motel uses. The retail projections are based On the amount of retail square footage envisioned in development projects currently proposed or in various stages of the development pipeline. These retail square footage figures were provided by City staff. EPS's hotel/motel projections assume that lodging development will be fully built out by 2030, because of high demand in the Urban Core as the developments and amenities envisioned for the Bayfront are completed. 14 P: \ 15000s \ 15001 Chw" YisfaCoreSP \Report \ OS1806DiftRpt2.doc ~-c2. 7(., Draft Report Urban Core Specific Plan Facilities Implementation Analysis May 18, 2006 In Sum, EPS has assembled the development projections for the Urban Core Specific Plan Area shown on Table 5, These figures are applied to the various analyses that follow in the next Chapter of this Report. c:r -0:271 P,\l5000,\l500IChul.Vi'fRC",SP1R'T""tl051806DrftRpt2.doc Table 5 Development Absorption Projections by TIme Period Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Absorption Projections by Time Period Land Use Category 0-5 years 5~10 years 10-25 years >25 Vears Total Residential Units 730 730 2,179 3,461 7,100 Retail Square Feet (1) 234,000 25,000 0 0 259,000 Office Square Feet 224,400 224,400 673,200 178,000 1,300,000 HoteUMotel Square Feet 130,000 130,000 390,000 0 650,000 (1) Total retail absorption is well below capactty created in the Specific Plan, corresponding to ERA's mar1l;et analysis findings. Only retal! square footage included in currently proposed projects is assumed to be built in Urban Core. Sources: Ctly of Chula Vis1a; EconomIcs Research Associates; Economic & Planning Systems, Inc. Economic & PfennlngSy$tem"Inc. 5/1812006 P:lfSOOOslf5001ChuhJVI.s:tllCoreSP\fofoo1e/.s'0518061b/e,f. xis d!. o:! 7 JY IV. DEVELOPMENT IMPACT FEE ANALYSIS Enabled by AB 1600, development impact fees are required to establish the "nexus" or quantitative relationship between new development's demands on infrastructure, and the costs to provide capacity to meet those demands. Jurisdictions may not charge development impact fees that exceed the nexus-based costs attributable to new development. While this Facilities Implementation Analysis is not intended to establish the nexus for development impact fees at the level of engineering detail required for a legally defensible ordinance, it provides an estimate of the levels of fees that could be charged to new development in accordance with nexus principles, and evaluates the effects that such added costs may have on the feasibility of the types of development desired in the Urban Core. This analysis calculates what fees might be charged by impact type, based on the development projected for the Urban Core Specific Plan alone, as a test of the feasibility of the plan. For reference, the discussion refers to transportation development impact fees ("TransDIF"), the Park Acquisition and Development Fee ("PAD"), and other terms generally used in Chula Vista based on existing fee programs. However, this analysis is restricted to the public improvement projects of the Urban Core Specific Plan and the developments projected to take place within that plan area It is not expected that the City would establish a separate fee structure within this limited geography. Thus, at such time as a TransDIF is established for this area, or future adjustments are made to the PAD fees, those fees may vary significantly from fue-estimates contained in this report. CALCULATION OF APPLICABLE IMPACT FEES As discussed in Chapter II, the public facilities included in the Urban Core Specific Plan can be aggregated into only a few categories: . Transportation Improvements -street widening, turning lanes, sidewalks and crosswalks, etc. . Traffic Signals-lights, stop signs, phasing, etc. . Transit Improvements-bus shelters . Public Spaces-acquisition and development of parks and plazas Of these categories, it is clear that the costs for certain transportation improvements, traffic signals, and public spaces would be eligible for funding through development impact fees, as they are demonstrably related to new development and impact fees currently exist for these purposes. Transit improvements are not as definitively related to new development in the Urban Core, as they may represent expanded services that serve the whole City or region, rather than just the residents, workers, and visitors of the Urban Core. ~-=<77P P: \ 150005 \ 15001 Ch"lo. VistaCoreSP \&port \ OS1806DrftRpt 2.dac Draft Report Urban Core Specific PlDn Facilities Implementaticm Analysis May 18, 2006 TRANSPORTATION IMPROVEMENTS Certain transportation improvements are required to provide additional capacity on the existing roadway network, so that the vehicular traffic added from residents, workers, and visitors of the Urban Core will not cause congestion that causes health or safety problems. The City currently imposes a Transportation Development Impact Fee (TransDlF) on development in the Eastern Territories, and has proposed a similar fee to be applied throughout the City. The TransDIF in the Eastern Territories was structured for "greenfield" development, and in some cases is applied on a per-acre basis that does not reflect the conditions of the Urban Core, where redevelopment and higher density uses will be more prevalent than development on vacant land, and per-acre densities and mixes of uses will be more variable. Transportation improvements are typically allocated to development based on trip generation-the number of vehicular trips that various types of development are likely to generate on the local road network. Trip generation varies by the type of development (residential, retail, office, etc.) and the context of the development (pedestrian-oriented mixed-use area vs. auto-oriented area). Table 6 shows trip generation assumptions and calculations for the Urban Core Specific Plan at full buildout. As shown, it is projected that development in the Urban Core will generate over 100,000 daily vehicular trips at buildout, with residential development being responsible for the largest proportion of these trips. Table 6 also applies the trip generation calculations to the costs for transportation improvements attributable to new development in the Urban Core, and calculates the fees that may be applicable to each type of development. As the table also illustrates, the calculated TransDlF's for all land uses in the Urban Core are substantially lower than those fees currently applied to new development in Eastern Chula Vista. It is important to note that the costs used to calculate these TransDlF estimates do not include 100 percent of the projected costs of transportation improvements, as a large portion of those costs is required to address existing operational and aesthetic deficiencies and/or are assumed to be shared with development elsewhere in the City. Table 7 compares the projected timing of TransDlF funding from new development in the Urban Core to the expected timing of various improvement costs. As shown, a disproportionate amount of improvement costs are shown to be desired in the five- to ten-year timeframe, creating a deficit in that period. In such instances, either projects would need to be deferred until more TransDlF funding is available from new development, or an alternative funding source would need to be utilized, which could then be back-filled with TransDIF funds as the development occurs in subsequent years. 18 P: \ 15000s\15001ChulaVisfaCoreSP\&port\051806DrjtRpt2.doc J-ofgtJ Table 6 Transportation Development Impact Fee estimate Urban Core Speciflc Plan Facilities Implementation Analysis; EPS #15001 &tI1M"d .......... T...._ ...- DeYIiopIMntat ........ p........... PotItfttIaIF.. TrarrlcSlg,.IF..{1) DowIopmo" Bldldout Trtp9llntratl:on TalTrlpaI ..T.... ........ ,.r Unit or Sq. ~.ofPropcHclor Aollvhy- Land U..C1a..lflcatlon by....... IUnltaofSq.Ft.) ....lloy """ "po TotalCoata R. ExIatIngF.-s(Z) Raaldantl.ll Condo/Duplex 60% 4,260 .DU 34,080 31.7% $1,265,887 1217 - "" ..... """ 1L2l2 1M>\ ......., 1m TOIIVAverage 100% 7,100 51,120 47.5% $1,898,830 1217 S4,020-~,030IUnlt .."" Colrmert:iaVRetailCentef 50% 129,500 4011000 SF 5,180 4.8% $192.409 ..... COIITTlIJnily Shopping Centllr 40% 103,600 8011000 SF 8,288 7.7% $307,654 12.17 R..~taurantllounllll lOll ""'" ""'""-'E !.lli. WI nwzr I!.H T1I1BVAwraga 100% 259,000 17,612 16.4% $654,190 ...., $5.08.$12.301SF '""'" ClIrrtI'l&reialollice building <100.000 SF '0% 390,000 20i1000SF 7,BOD 7.3% $289,728 $0.1" Co.""..reialotfiCII buildini "'100,000 SF 50% 650,000 1711000 SF 11,050 10.3% $410,<<7 ...., Corpcratlollicebulldlni(singllluSIlr) 10% 130.000 1411000 SF 1,820 1,7% $67,603 ..... :;; Meti~Udentalbuildina '"" """"" "'""'-'E ..". ..... llillill I1dI TotaVAVllrBglI 100% 1,300,000 27,170 25.3% $1,009,218 ..,,. $2.08.$8.04JSF HotellMoI81 HlItelwi coowntion& reslllurant(3) 50% 325,000 101RlIlIm 6,109 5.7% $22tl,917 ..,,. """'-'2l m moo2 ~ ..... "'" -.m - TolaVAwragll 100% 650,000 11,607 10.8% $431,142 ..,.. $3.23-$I.l.04/SF T.... 107,509 100% $3,993,380 (l)Tl'RfficS.gnalFeeauumpllonsBreusedbllCllusBlhIIyexplIClIIySlIIIIlhlllripgllnllratillnlactorsnllClIISi1rytoallotalllcostJ.. (2) For residentill1, proposed flies providlld by City staff. For non-resldantiBI, EPS estimatad I", ~sed on Eastem TefTftories flies (applied on pllr~CtII basis). adju.ted for likllly denl1511s of deYlllopment in UrtHln Core. (3) Assul1"es hotelslmotel. at 53Z aYllr1lgl1 gRlss square feet perroom. SlIlIroeS: CityofCtrIlI. Vista; McGill Martin ~If; Eoonomic & Pftwfing Sy$fem.s, me. _~I'lomIIIIv'__ ~".... P.11_,SOO1CllllllrVl..eo..sPIM_51_...... c:<.-~9 / Table 7 Transportation Development Impact Fee Projections through Time Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Trame Signa' Fee (1) estimated 0-5vearw 5.10 years 10+ years Tota' Activity Type Land Use CI...Iftc8Uon TtlnsOlF UnitS/SF Fees UnllslSF F.., Units/SF Fees Units/SF Fees Residential Condo/Duplex $297 438 $130,155 438 $130,155 3,_ $1,005,578 4,260 $1,265.887 Aoartments .tm 292 $65 077 ;m $65077 ~ $502 789 2M!! $632 943 Tolal/Average $267 730 $195,232 730 $195,232 5,640 $1,508,366 7,100 $1,898,830 Retail CommerciallRetail Center $1.49 117,000 $173,837 12,500 $18,572 0 $0 129,500 $192,409 Community Shopping Center $2.97- 93,BOO $278.138 10,000 $29,716 0 '0 103,600 $307,854 RestauranllLounae ~ 23400 $139089 <JiQQ $14858 Q E 25 900 5153927 Tetal/Average $2.53 234,000 $591,044 25,000 $63,146 0 '0 259,000 $654,190 Offlc. Commercial office building <100,000 SF $0.74 67,320 $50,Q11 67,320 $50,011 255,360 $189,705 390,000 $289,728 Commercial office building >100,000 SF $0.63 112,200 $70,850 112,200 $70,850 425,600 $268,748 650,000 $410,447 Corporate office building (single user) $0.52 22,440 $11,669 22,440 $11,669 85,120 $44,264 130,000 $67,603 ~ Medlcal/dental bulldino .l1M 22440 $41 676 22 440 $41 676 85120 $158 087 130 000 5241440 Total/Average $0.78 224,400 $174,207 224,400 $174,207 851,200 $680.805 1,300,000 $1,009,218 HotellMotel Hotel wI coovention & restaurant (2) $0.70 65,000 $45,383 65,000 $45,383 195,000 $136,150 325,000 $226,917 Motel (3) ~ = ~ 65 000 $40845 195 000 $122535 ~ $204 225 Total/Average $0.66 130,000 $86,228 130,000 $66,228 390,000 $258,685 650,000 $431,142 Tob" TransDlF Fees $1,046,711 $518,813 $2,427,858 $3,993,380 Tot..1 Cas" Eltglblll for TransDlF (Urban Core Only) $248,800 $3,744,580 '0 $3,993,380 TranaDIF Surplusl(Def1c1t) in each Period m7,911 ($3,225,787) $2,427.858 ${I (1) Traffic Signal Fee assumptions are used because they explicitly state the trip generation factors necessary to allocate costs. (2) Assumes hotels at 650 gross square feet per room (3) Assumes motels at 450 gross square feet per room Soun:es: City of Chula Vista; McGill Martin Self; E.conomic & Planning Systems, Inc. E""na"*""PIMningS,.......IIIc.SI1Il12OOlS P:\1.5OOO.r\15001Chu/8V1s18CoreSP'ModmIOS18OtJtbles.xl$ ~-~;~ Draft Report Urban Core Specific Plan Facilities Implementation Analysis May 18, 2006 TRAFFIC SIGNALS Traffic signals are required to safely and efficiently manage the flow of the vehicular traffic added from residents, workers, and visitors of the Urban Core. The City currently imposes a Traffic Signal Fee on most development projects throughout the City. The Traffic Signal Fee is allocated to development based on trip generation. Table 8 applies the trip generation calculations to the costs for traffic signal improvements, and calculates the fees that may be applicable to each type of development Table 8 also compares the Traffic Signal Fees as calculated for the Urban Core to those currently applied to new development in Chula Vista As shown, the projected Traffic Signal Fees for all land uses in the Urban Core are substantially lower than those currently levied by the City. Table 9 compares the projected timing of Traffic Signal Fee funding from new development in the Urban Core to the expected timing of various improvement costs. As with the TransDIF improvements, a disproportionate amount of traffic signal improvement costs is shown to be desired in the .five to ten year timeframe, creating a deficit in that period. PUBLIC SPACES Public spaces are also eligible for impact fee funding, as the amount of acreage required for parks and plazas is based on the residential population of an area, and is required to meet or exceed 3.0 acres per 1,000 residents. The City has an existing Park Acquisition and Development (PAD) fee ordinance, which is applied at one price level in the Eastern Territories and another (lower) level in Western Chula Vista PAD fees are applied only to residential and hoteVmotel development-retail and office projects are not currently required to contribute to park acquisition and development costs. In the City's current PAD fee structure, the fee paid per hotel/motel room is 57.7 percent of the fee paid per residential unit. Table 10 uses this ratio to allocate the estimated costs of park and plaza improvements included in the Urban Core Specific Plan. Table 10 also compares the PAD Fees as calculated for the Urban Core to those currently applied to new development in Chula Vista. As shown, the calculated Urban Core fees are somewhat higher than the fees currently imposed in Western Chula Vista, but well below the fees being levied in the City's Eastern Territories. Table 11 compares the projected timing of PAD funding from new development in the Urban Core to the expected timing of various improvement costs. Once again, a disproportionate amount of improvement costs is shown to be desired in the five- to ten- year timeframe, creating a deficit in that period. If park additions are required in proportion to population increases (3.0 acres per 1,000 population), this timing cf -o? P321 P: \ 1500Qs \ 15001 ChulaVisfaCoreS P \Report \ 051806DrftRpt2.doc Table 8 Traffic Signal Development Impact Fee estimate Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 T...._ ......... o.w!opment c,....... "'.- atBulldout Proportlo,.. Powndal,.. Appllabla Trlltnc:Slgnal....landu.. o.".lopm,nt IUnllslSq. Trlp GenemlDn TotlIITrlpat Perul'ltot ......... pwUnltl8q. TrafllcSlgnld AdlvttyType CI...lftcatlOll OJ""''''' FlAt_il) po,.,.. Do, T__ TatalCosls ....- '" Raakl,nti... Condo/Duplex ""' "" ""'U 34,080 31.7% $144,665 $3<1.01 $213.20 - "" ..... """ 1LO<J! ,..". ill.ill ...... llii.iQ... TOIBVAverage '''"' 7,100 51,120 47.5% $217,297 PO..1 ....., CommercialJRatallCentar ,,. 129,500 4011000 SF 5.18C1 4.8% $22,019 $0.17 $1.07 Community Shopping Center .,. 103,800 80!1000SF 8.288 7.7% $35.230 $0.34 $2.13 R,,~laut.ntJlDunae "" ....,. ""'-"'-'" ill< ...,. lli.lli WI ...... TotaIfAVIIflIgII 100% 259,000 17,612 18."'" $74,864 ..... om.. Commercial ofllce bulldlnll"'100,OOO SF ,,% 390,000 20/1QOOSF 7,aoo 7.3% $33,15t1 ..... $0.53 Commercial oMce building ,.1 00,000 SF '"% 650,000 17/1DOOSF 11,050 10.3% 504&.971 $0.07 $0.45 Corporate office bulldlnll (slngl. UMI) ,,% 130,000 14/'lOOOSF 1,820 1.7% $7.7311 ..... $0.37 Uedlr..8Ud..nllllbulldlnn "" Lmllll >OL1mlIlli ..... ..". = Wi ill>. TotaUAwrage 100% 1,300,000 27.170 25.3% $115,492 $0.0, HGtllIIMGtIII HOltll wi convention & restaurant (1) ,,% .U 1OJRoom 1I,1te-- 5.7% SZ5,972 ....., SZllll.501Room ""'"" "" ill ...... ..... "'" "'-ill ...... SZ3985lRoom TotaUAverage 100% 1,222 11,809 10.8% $49.347 ...... Toto' 107,511 ",% $457,000 (1) Assumes hotels at IISO gm" $Quare filet par room (2) Assumes motels at 450 gross square filet per room SOUl"Ce$-" City of Chule v,$//J; McGIll Marlin Self; Ecooomir; & Planning Systems, Inc;. _~"""""I,-........Ifl_ "",_.".,_I"*Ccn_'__ ~-4.E~ Table 9 Traffic Signal Fee Projections through Time Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 0-5y..rs 5-10y..rs 10+ years lobll Estimated Unlts/SFI Units/SFI Unils/SFI Unlts/SFI AcUvlty Type Land U.. Classfflcatlon Fee Rooms Fees Rooms Fees Rooms Fees Rooms Fees Residential CondolOuplex $34.01 438 $14,895 438 $14,895 3,384 $115,076 4,260 $144,865 Acartmenls $25.50 m $7447 m $7447 2256 557 538 2840 $72432 Total/Average $30.61 730 $22,342 730 $22,342 5,640 $172,614 7.100 $217,297 Retail Commertial/Retail Center $0.17 117,000 $19,693 12,500 $2,125 0 '0 129,500 $22.019 Community Shopping Center $0.34 93,600 $31,829 10,000 $3,401 0 '0 103,600 $35,230 RestaurantILounae SO.68 23400 lli.ill 2500 1LZQll Q lQ 25900 .lli.lli Tolal/Average $0.29 234,000 $67,636 25,000 $7,226 0 '0 259,000 $74,864 Offlce Commercial office building <100,000 SF $0.09 67,320 $5,723 67,320 $5,723 255,360 $21,709 390,000 $33,156 .-:. Commercial office building >100,000 SF _$.0.07 112,200 - $8,108 112,200 $8,108 425,600 $30,755 650,000 $46,971 w Corporate office building (single user) $0,06 22,440 $1,335 22,440 $1,335 85,120 $5,066 130,000 $7,736 Medical/dental buildina $0.21 22440 ~ 22440 ~ 85120 $18091 ~ $27 630 Total/Average $0.09 224,400 $19,936 224,400 $19,936 851,200 $75,621 1,300,000 $115,492 Hotel/Motel Hatel wi convention & restaurant (1) $42.51 122 $5,194 122 $5,194 367 $15,581 811 $25,968 Mate1(2) 538.26 .ill. H.lli m H.lli ;m ~ ill .m.w. TotalfAverage $40.38 244 $9,868 244 $9,868 733 $29,603 1,222 $49,339 Total Tramc Signal Fees Projected (rounded) $119,800 $59,400 $277 ,BOO $4fi7,OOO Total Coat. Eligible for Traffic Signal Fee. (Urban Core Only) $0 $373,000 $84,000 $4fi7,OOO Traffic S/gneJ Surplus/(Det1cJt) In each Period $f19,8OO ($313,100) $193,800 $0 (1) Assumes hotels at 850 gross square feet per rootIf1 (2) Assumes motets at 450 gross square feet per room Sources: City of Chufa Vista; McGiN Marlin Self; Economic & Planning.$ysfems, Inc. ECOIlOIl!k'~SyaI......ItH;_!V1&'2005 P:\15OOOs"\150()jChlll.Vistll~PMode~10518()6tbfes.)(/~ cf( -~ R.6- Table 10 Parks Acquisition and Development Impact Fee Estimate Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Total New Currently Currently Development at Proportionate Potential Fee Applicable Applicable Bulldout Share of Total per PAD Fee in PAD Fee in Activity Type (UnitsIRooms) Costs UnltIRoom Western CV Eastem CV Residential 7,100 $58,404,955 58,228.05 $6,651.00 -$12,352.00 HotellMotel (1) 1,222 $5,790,086 54,738.20 $3,835.00 $7,122.00 Total (rounded) $64,200,000 ~).Assumes hotels/motel rooms pay 57.6% of the fees paId by reSidential units, as in current ordinance, and average 532 gross square feet per room. Sources: City of Chula Vista; McGill Martin Self; Economic & Planning Systems, Inc. Economic&PlanninQS)'3tems,/nc. 5I18'200d P:\15QOO$\15001ChullJVlstltCCII"8SPIModlIII'10518tHJtb/es.lCls ~~~?~ Table 11 Parks Acquisition and Development Fee Projections through Time Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Activity Type Estimated Fee 0-5 years Unitsl Fees Rooms 5-10 years Units! Fees Rooms (rounded) 10+ years UnitsJ Fees Rooms (rounded) Total Units! Fees Rooms (rounded) ResldenUal $8,226.05 730 $6,010,000 730 $6,010,000 5,640 $46,390,000 7,100 $58.410,000 244 $1,160,000 244 $1,160,000 733 $3,470,000 1,222 $5,790,000 $7,170.000 $7,170,000 $49,860,000 564,200,000 $1,400,000 531,900,000 $30,900,000 $64,200,000 $5. no,OOO ($24,730,000) $18,960,000 $0 HoteUMotel $4,738.20 Total PAD Fees Projected Total Costs Eligible for PAD Fees {Urban Core Only} tr: PAD Fee Surplus/(Deflclt) In each Period Sources: City of Chula Vista; McGill Martin Self,' Economic & Planning Systems, Inc. Economic&Pl.mgS~Inc. 5I1812OCM P:\ 15000s\15001Chufa\listaConJSPIModeIs\051 B06tbIes.xls =<-e2R1 Draft Report Urban Core Specific Plan Facilities Implementation Analysis May 18, 2006 assumption is overly aggressive. The improvement timing assumptions on Table 1 equate to the addition of 15 to 20 acres of parks (not including additional plaza acreage) within the first ten years - substantially more than the 11 acres that would be required for the new population (assuming 1,460 total units at 2.5 people per unit). From a funding perspective, it may be advisable to delay the acquisition and development of much of this required park land. COMBINED DEVELOPMENT IMP ACT FEES Table 12 summarizes the total development impact fees calculated herein, and compares them to the total estimated costs of improvements eligible for impact fee funding. Consistent with the findings for each impact fee individually, Table 12 shows that there is a projected surplus in the first five years, followed by a cumulative deficit in the 5- tolD-year period that would then be recouped after 10 years. DEVELOPMENT FEASIBILITY IMPACTS OF IMPACT FEES _ The Urban Core Specific Plan is creating capacity for new development that is desired in an effort to revitalize this important area of Chula Vista. As such, it is important that the development impact fees imposed upon new development not create major hurdles to development feasibility. If the development impact fees are too high, the added-msts to satisfy those fee requirements will in turn require higher price points for the development itself (residential values, commercial lease rates, etc.), assuming that other development costs (construction, design, financing, etc.) remain constant. To the extent that the market will not support these higher values or rents, the desired development is not likely to occur. It is important to note that the City currently levies development impact fees beyond those estimated in this report. Examples include sewerage participation fees and Public Facilities Development Impact Fees (PFDIF). In addition, the Sweetwater Authority water district charges impact fees for water infrastructure. These additional fees have not been included in this analysis because no corresponding infrastructure or facility improvements have been expressly identified in the Urban Core Specific Plan. However, these additional fees will continue to be levied upon new development in the Urban Core, and used to support the growing demand for improvements such as police and fire facilities, libraries, recreational facilities, and water and wastewater infrastructure. Table 13 compares the total development impact fees that may be imposed by the City to the estimated costs of development of various types. As shown, the combination of development impact fees calculated herein and the PFDIF and sewerage participation fees currently required represents a smaIl fraction of the total costs associated with new development. At the levels calculated in this analysis, it is not expected that the development impact fees would substantially affect the feasibility of development in the 26 P:\ lS000$\15001ChuI4VistllCoreSP\~rt \OS1806DrftRpt2.doc ~-c:{ ?f? Table 12 Total Combined Development Impact Fee Projections through Time Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Fee Type 0-5 years 5-10 years 10+ years Total TransDIF $1,046,711 $518,813 $2,427.856 $3,993,380 Traffic Signal Fee $119,800 $59,400 $277,800 $457,000 PAD Fee $7170000 $7 170 000 $49 860 000 $64 200 000 Total Combined Fees Projected $8,336,511 $7,748,213 $52,585,656 $68,650,380 Total Costs Eligible for Fees (Urban Core Only) $1,648,800 $38,017,580 $30,984,000 $68,650,380 ,~ Combined Fee Surplus/(Deflclt) In each Period $8,687,111- ($28,286,367) $21,581,6511 $0 " Sources: City of Chula Vista; McGill Martin Self; Economic & Planning Systems, fnc. Economic & Pl8nning Systems, Inc. SI1&'2OOt1 PI 15OOOs\ 15001ChulaVistaCoreSP\Models\051806tb1es,xls =f -0:( ?? Table 13 Feasibility Impacts of Estimated Development Impact Fees Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Estimated SeWflnllge Development Cost Trame Signal PartlclplltJon Fees as % of Activity Type (1) TnlnsDlF(2) F.. PAD Fee PFDIF(3) F..(3) Total Feu Costs R.sldenllll (per Unit) With Existing Fees $300,000 $4,020.00 $159.90 $6,651.00 $5.109.00 $2,608.50 $18,548.40 6.2% With Newly Cato..dated Fees $300,000 $267.44 $30.61 $8,226.05 $5,109.00 $2,608.50 $16,241.60 5.4% Retail (per Sq. FL) VVlth Existing F eM $200 $5.08 $1.07 SO.OO $1.66 $0.73 $8.54 4.3% With Newly Calculated Fees $200 $2.53 $0.29 $0.00 $1.66 $0.73 $5.20 2.6% omce (per Sq. Ft.) Wlh Existing Fees $275 $2.08 $0.37 $0.00 $0.33 $0.73 $3.51 1.3% Wth Newly Calculated Fees $275 $0.78 $0.09 $0.00 $0.33 $0.73 $1.93 0.7% ~ HotallMotel (per Sq. Fl) (4) With Existing Fees $250 $3.23 $0.45 $7.21 $0.33 $3.45 $14.67 5.9% With Newly Calculated Fees $250 $0.66 $0.08 $8.91 $0.33 $3.45 $13.43 5.4% (1) Residential cost assumptions based on Mid-Rise Condo costs in Keyser Martson "'Nest Side Residential In-Fill Feasibility Analysis~ (August 30, 2(04), il101lesad by 20% to refteet Inflation of construction costs. Retail, 0ITica, and HoteUMotel costs are estimatea based on EPS ellplll'iance on other recent urban development projects. Developml!llt costs do J:I21 include property acquisition costs. (2) existing T/1InsDIF fees a/1l based on EPS axtrapaation dfees applilKl in Eastern TanitoI1es, based on assumed density of Urban Core dewlopmenl (3) Public Facllities Development Impact Fee (PFDIF) and Sewltf8.ge Participation Fee are not assumed to be diffarent than those aJlT8nt1y levied on Urtlan Core development. (4) Assumes average of 532 gross square feet per room SOUICeS: Economic & Planning Systems, Inc. Eoo~_&PIoMlr>II5y""".,~, M.v.!OOo1I P:\I_II5Q(llChu"'V1oI.co..$py,f<><M~5'8_...", o1~r~ Draft Report Urban Care Specific Plan Facilities Implementation Analysis May 18, 2006 Urban Core. By far, the greater factors will be the achievable price points (sale or lease) for the new development, and the costs of construction and property acqillsition. Furthermore, it is possible that development impact fees levied elsewhere in the City of Chula VISta could be used for some of the improvements listed in the Urban Core Specific Plan. As noted on Tables 2 through 4, there are nUmerous improvements included in the Specific Plan that may have benefits beyond the Urban Core. Impact fees on development in the Bayfront, broader Western Chula Vista, or the entire City could potentially be used to fund some of these additional improvements. ~-=<9/ 29 P: \ 15000s \ 15001 ChulaVistaCoreSP \ Report \ OS1806DiftRpt2.d<< V. TAX INCREMENT FINANCING POTENTIAL The Oty has retained Harrell & Company Advisors to provide tax increment projections for each of the Redevelopment Project Areas in Chula Vista. None of these Project Areas conforms perfectly to the boundaries of the Urban Core Specific Plan area. Some parcels in the Urban Core Specific Plan area are located within the Town Center I and Town Center II Project Areas, while others are located within the Amended Project Area, and still others are not located in any Redevelopment Project Area The boundaries of each Redevelopment Project Area are shown on Figure 1. EPS has worked with Oty staff and Harrell & Company to estimate the tax increment projections for each Redevelopment Project Area except the Bayfront area The tax increment projections are based on the following assumptions: 1. Tax increment from projects that are currently in the development pipeline (planned, permitted, or under construction) is estimated based on the specific known attributes of the project (size, price points, timing, etc.). This analysis does not include assumptions of tax increment from the evolving plans for redevelopment of the Bayfront (Gaylord, housing, ete.). 2. The tax increment from all other Project Area parcels on which no specific projects are currently proposed is estimated based on an average of 4 percent annual growth in assessed value. This approach deliberately exceeds the 2 percent growth cap required under Proposition 13, as it is expected that many parcels in the Urban Core and the Redevelopment Project Areas will be redeveloped for significantly higher-value uses over the next several decades, and that there will be additional reassessments triggered by the sales of existing properties that do not redevelop. Oty staff has confirmed that this 4 percent growth assumption is reasonable, given the level of investment expected as well as the assessed value increases associated with ongoing resales of existing properties. 3. Desired improvements in the Urban Core are eligible to be funded using tax increment from any of the Redevelopment Project Areas shown on Figure 1. This assumption has been confirmed as accurate and appropriate by the City's Redevelopment Manager. Table 14 shows the tax increment projections for each of the Redevelopment Project Areas in various time periods. As shown, these areas are expected to generate a total of $340 million of net tax increment (after housing set-asides, agency pass-throughs, County administrative costs, etc.) tluough the year 2036, when the last of the Redevelopment Project Areas is scheduled to sunset. However, $28 million of this combined net tax increment will be used to pay debt service (principal and interest) on bonds issued in 2000. Therefore, the net tax increment that could potentially be available for projects and operations in the Urban Core is estimated at $312 million. ;(-c:<~ 30 P: \ 15000$ \ 1500 1 Chula.VistaCoreSP \ Rtport \ 051806DrftRpt2.doc ity of Chula Vista REDEVELOPMENT rlOJECf AREAS _ 8AYFRONT _ OTAV VAllEY ROAD _ SOUTHWEST _ TOWN CENTRE I _ TOWN CENTRE II _ ADDED REDEVelOPMENT AREAS-~ ~ 0{ -0{ 73 Table 14 Projected Tax Increment Available for Urban Core Projects through Time Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Total Tax Increment for Debt Service Available for Amended Southwest Otay Valley All Project for 2000 proJecta and Year Town Center I Town Center II Project Area Project Area Project Area Area. Bonds Operations 2006 $1,325,200 $910,600 $231,600 $980,600 $1,070,200 $4,518,200 ($1,203,083) $3,315,117 2007 $1,366,200 $939,400 $334,200 $1,087,400 $1,209,600 $4,936,aOO ($1,201,313) $3,735,487 2008 $1,531,600 $1,102,800 $529,600 $1,256,400 $1,339,200 $5,759,600 ($1,203,898) $4,555,702 2009 $1,894,600 $1,268,000 $848,000 $1,586,400 $1,37S,aOO $6,972,800 ($1,200,623) $5,772.177 2010 $2,363,400 $1.438,800 $1,206,800 $1,791,400 $1,413,800 $8,214.200 ($1.201.263) $7,012,937 2011 $2,412,800 $1,611,400 $1,466,800 $1.867,200 $1,452,400 $8,810,600 ($1,200,563) $7,610,037 2012 $2,465,200 $1,790,400 $1,607,200 $1,944,400 $1,493,400 $9,300,600 ($1,203,483) $8,097,117 2013 $2,517,000 $1,837,200 $1,750,800 $2,026,200 $1,536,800 $9,668,000 ($1,204,748) $8,463,252 2014 $2,571,800 $1,885,400 $1,901,000 $2,110,200 $1,580,800 $10,049,200 ($1,204,308) $8,844,892 2015 $2,627,800 $1,585,000 $2,057,200 $2,198,200 _ $1,613,200 $10,081,400 ($1,142,113) $8,939,287 ~ 2016 $2,686,800 $1,620,000 $2,1'12;400 $2,290,400 $1,647,800 $10,417,400 ($1,141,113) $9,276,287 2017 $2,746,000 $1,655,400 $2,292,000 $2,383,800 $1,685,000 $10,762,200 ($1,138,318) $9,623,882 2018 $2,808,200 $1,691,400 $2,415,700 $2,483,000 $1,723,400 $11,121,700 ($1,138,678) $9,983,022 2019 $2,873,200 $1,727,600 $2,545,600 $2,584,200 $1,762,200 $11,492,800 ($1,142,178) $10,350,622 2020 $2,939,200 $1,764,200 $2,679,300 $2,692,000 $1,802,400 $11,877,100 ($1,138,840) $10,738,260 2021 $3,009,000 $1,802,200 $2,818,600 $2,790,600 $1,845,800 $12,266,200 ($1,138,595) $11,127,605 2022 $3,079,000 $1,844,200 $2,963,100 $2,894,000 $1,889,400 $12,669,700 ($1,141,495) $11,528,205 2023 $3,154,400 $1,884,800 $3,112,600 $3,002,800 $1,934,400 $13,089,000 ($1,142,275) $11,946,725 2024 $3,230,600 $1,926,400 $3,268,700 $3,115,000 $1,982,400 $13,523,100 ($1,140,350) $12,382,750 2025 $3,308,800 $1,971,400 $3,430,300 $3,230,800 $2,031,600 $13,972,900 ($1,141,275) $12,831,625 2026 $3,391,400 $2,016,BOO $3,598,000 $3,351,600 $2,082,000 $14,439,600 ($1,139,781) $13,299,819 2027 $3,475,800 $2.063,800 $3,773,000 $3,478,600 $2,135,400 $14,926,600 ($1,140,869) $13,785,731 2028 $3,564,600 $2.111,400 $3,953,100 $3,609,600 $2,190,000 $15,428,700 ($1,139,269) $14,289,431 2029 $0 $2.160,800 $4.141,300 $3,745,600 $2,247,400 $12,295,100 ($754,981) $11,540,119 2030 $0 $2,211,400 $4,338,500 $3,886,400 $2,305,200 $12,739.500 ($753,431) $11,986,069 2031 $0 $261,200 $4,539,500 $4,032,800 $2,366,600 $11,200,100 $0 $11,200,100 2032 $0 $264,200 $4,749,600 $4,185,800 $2,430,800 $11,630,400 $0 $11,630,400 2033 $0 $266,200 $4,969,400 $4,345,200 $2,496,200 $12,077,000 $0 $12,077,000 2034 $0 $268,200 $5,195,900 $4,509,800 $2,565,200 $12,539,100 $0 $12,539,100 2035 $0 $272,000 $5,432,400 $4,681,400 $2,636,000 $13,021,800 $0 $13,021,800 2036 !Q Illi.Ql& $5 677 400 54 8S0 200 !Q $10 811 600 !Q $10811600 Total $61,342,600 $44,426,400 589,997,600 $89,002,000 555,844,400 5340,613,000 ($28,296.843) $312,316,157 &xInomic&PilInningSy.stems, Inc:. V/&'2GI:le Page 1 012 P:115OO:ls115OlJ1Chu1.W.stJlC<:wSPlMcdel8\OSl8D6lbJ..,n. ~-~7'f Table 14 Projected Tax Increment Available for Urban Core Projects through Time Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Year Amended Town Center I Town Center II Project Area Southweat Project Area Otay Valley Project Area Total Tax Increment for All Project ........ Debt Service 10r2oo0 Bonds Avallabl. for Projects and Operations Values by Time Period o-s Yea,. (200&-2010) Nominal Value $8,48 1 ,000 $5,659,600 $3,150,200 $6,702,200 $6,408,600 $30,401,600 ($6,010,180) $24,391,420 Present Value at 3% Discount Rate $7,928,965 $5,300,688 $2,903,531 $6,264,022 $6,022,088 $28.419,495 ($5,670,242) $22,749,253 5-10 Y8Inr (2011-2015) Nominal Value $12,594,600 $8,709,400 $8,783,000 $10,146,200 $7.676,600 $47,909,800 ($5.955.215) $41,954.585 Present Value at 3% Discount Rate $10,236,613 $7,086,374 $7,112,179 $8.237,102 $6.237,393 $38,909,661 ($4,849.111) $34,060,550 10+ YNta (2015-2038) Nominal Value $40,267,000 $30,057,400 $78,064,400 $72,153,500 $41,759,200 $262,301,500 {$16,331 ,448) $245,970,152 Present Value at 3% Discount Rate $25,001,927 $17,855,772 $41,724,336 $38,993,275 $23,236,579 $146,811,859 ($10,046,807) $136,765,082 All Yea,. (2008-2038) Nominal Value $61,342,600 $44.426,400 $89,997,600 $89,002,000 $55,844,400 $340,613,000 ($28,296,843) $312,316,157 Present Value at 3% Discount Rate $43,167,505 $30,243,034 $51,740,046 $53,494,399 $35,496,060 $214,141,045 ($20,566,160) $193,574,884 Sources: Harrell & Company Advisors; Economic & Planning Systems, Inc. EcDnom;"&.PfWlllingSystwn~.Inc. 5I1&:ZOO!1 Page 2 of 2 P.115000s\15001Chule\ll8t.cor.SFV.fode/~\OS18061b1..uls c;( -<::2 7.0- Draft Repart Urban Care Specific Plan Facilities Implementation Analysis May 18, 2006 Table 14 also translates the tax increment projections into today's dollars, assuming a discount rate of 3 percent per year. The 3 percent discount rate simply translates the figures into today's dollars using a general inflation rate, which can be considered the appropriate figures to compare to the estimated improvement costs in today's dollars if the tax increment is simply dedicated on a "pay-as-you-go" basis over the next several decades, The sum of the tax increment under the 3 percent discount rate, therefore, is the appropriate point of comparison to the improvement costs if the Gty chooses not to issue a tax increment bond. As shown, EPS has estimated that the tax increment will yield roughly $194 million in today's dollars over the next 30 years. Table 15 compares the total improvement costs to the combined funding from the tax increment projections and the estimated development impact fees from the previous chapter. As that table clearly shows, the combination of these potential funding sources greatly exceeds the total improvement costs (by nearly double). In addition, Table 15 shows that if all estimated impact fees are received, only 35 percent of the projected available tax increment would be required to fund Urban Core improvements, leaving 65 percent (roughly $127 million) in funding available for other projects. It is important to note that, on a pay-as-you-go basis, the combination of tax increment and impact fees can more than cover the costs of all desired improvements in the first five years and over the full buildout of the Urban Core, but would not meet the full expected costs in the 5-10 year period. While the tax increment itself would cover the costs of improvements not funded by impact fees, the tax increment is not projected to cover those costs and the temporary deficit in impact fee funding. Thus, it is clear that either temporary funding would have to be secured or some of those 5-10 year improvements would need to be deferred. Tables 16 through 18 explore one approach to closing the temporary funding gap in the 5-10 year time period-bonds based on tax increment realized at the time of bond issuance. Table 16 shows the bonding capacity of the tax increment an annual basis. This analysis assumes that bonds issued on the tax increment would be subject to a 1.20 debt coverage ratio, meaning projected annual revenues exceed the amount dedicated to debt service by 20 percent to allow room for fluctuations in the actual tax increment received. EPS has also assumed that the bonds would have a 6.0 percent interest rate, that issuance costs would equal three percent of the total bond amount, and that the terms of the bonds would be only as many years as the tax increment was projected to be collected (through 2036). Thus, a bond issued in 2006 would have a 30-year term, while a bond issued in 2016 would have a 2()..year term. As shown, EPS has estimated that the available tax increment in 2012 (year 6) could support a bond that would yield $82 million of up-front dollars from which improvements could be funded over time. The present value of that bond capacity is estimated at roughly $69 million. As was shown on Table 15, the combination of annual tax increment and impact fees could fully fund the improvement costs in the first five-year period, but would not fully fund the costs in the 5-10 year period. Table 17 shows that if a bond is issued in Year 6 to fully fund the period's improvements not covered by impact fees, such a bond would =<-~ 7 ~ 34 P: \ I5000s \ 15001Chula VistilConSP \ Report \ 051806DrftRpt2.doc Table 15 Improvement Costs vs. Projected Tax Increment and Impact Fees Through Time Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Item o-s years (2008 ~ 2010) 10+ years (2016 - 2038) IMO years (2011 ~2016) Total Improvements to be Funded through Impact Fees on URBAN CORE Development (1) Improvements NOT Funded by Impact Fees on URBAN CORE Development TDtallmprovement Costs $1,648,800 $18,174,200 $19,823,000 Present Value of Available Tax Increment at 3% Discount Rate (2) Impact Fees on URBAN CORE Development (3) Total Combined Funding (Tax Increment plus Impact Fees) $22,749.253 $8.336,511 $31,085,784 Net Surplus/(Deflclt) In Combined Funding by Period $11,2tJ2,784 Cumulative Surplus/(Def1cit) $11,282,764 Tax Increment Required to Fund Urban Core Improvements NOT Covered by Impact Fees on URBAN CORE Development (4) Percent of Available Tax Increment Required for Urban Core Improvements Remaining Tax Increment Available for Other Projects $36,017,580 $30,984,000 $68,650,380 $28.436.42!J _ $20,198,250 $66,808,870 $64,454.000 $51,182,250 $135,4158,250 $34,060,550 $136,765,082 $193,574,884 $7,748,213 $52,565.656 $68,650,380 $41,808,762 $189,330,738 5262,225.26. ($22,84$,238) $138,148,488 $128,788,014 ($",382,474) $128,788,014 $128,788,014 $88,BOB,B7D 35% $126,766,014 (1) From Table 12 (2) From Table 14 (3) From Table 12 (4) Difference between total present value of projected tax increment and total impact fees on Urban Core development Source: Economic & Planning Systems, Inc. Er;:a'Iomo'c&PlatlllJllpSyst!lml",Inr;. $I1812OOC =?-cl~1 P:\1SOOOs\15001CJrus.\liIlt.cor.SFWodeIa\OSI!1061t1Ju,~t. Table 16 Projected Tax Increment Bonding Capacity by Year Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Year Years from Present (2006) Available for Projects and Operations (All Project Areas) Potential Bonding Capacity (1) Present Value of Bonding Capacity (2) 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Total o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 $3,315,117 $3,735,487 $4,555,702 $5,772,177 $7,012,937 $7,610,037 $8,097,117 $8.463,252 $8,844,892 $8,939,287 $9,276,287 $9,623,882 $9,983,022 $10,350,622 $10,738,260 $11,127,605 $11,528,205 $11,946,725 $12,382,750 $12,831,625 $13,299,819 $13,785,731 $14,289,431 $11,540,119 $11,986,069 $11,200,100 $11,630,400 $12,077,000 $12,539,100 $13,021,800 $10,811,600 $312,316,157 $36,885,887 $41,037,436 $49,368,546 $61,638,279 $73,712,228 $78,636,132 $82,144,218 $84,168,999 $86,092,746 $85,006,320 $86,005,271 $86,802,387 $87,374,531 $87,660,642 $87,720,116 $87,359;8'74 $86,616,538 $85,489,793 $83,917,160 $81,804,479 $79,125,992 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $36,885,887 $39,842,171 $46,534,589 $56,407,757 $65,492,360 $67,832,219 $68,794,490 $68,437,099 $67,962,409 $65,150,266 $63,996,003 $62,707,891 $61,282,738 $59,692,631 $57,993,331 $56,072,979 $53,976,563 $51,722,731 $49,292,487 $46,651,951 $43,810,143 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A (1) Assumptions: Debt Coverage Ratio = 120,0% Bonding Interest Rate = 6,0% Issuance Costs= 3,0% Term = Number 01 Years remaining on Project Areas (through 2036) IF at least 10 years remain; Assumes no bond issue lor less than 1 O-year term, (2) Assumes 3% discount rate, Sources: Harrell & Company Advisors; Economic & Planning Systems, Inc. Economic & PlannIng Systems, Inc. 5/1812006 P:\15000s\ 15001 Chufe Vista CoreSPIModels \051 B06tb1es.xls 36 =1~o< 9 g> Table 17 Projected Tax Increment and Bonding Capacity Available for Urban Core Projects through Time Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Item 0-5 years 5.10 years 10+ years (2006.2010) (2011.2015) (2016 . 2036) Total $19,823,000 $64,454,000 $51,182,250 $135,459,250 $8,336,511 $7,748,213 $52,565,656 $68,650,380 ($11,488,489) ($56,705,787) $1,383,408 ($88,808,870) Total Improvement Costs (1) less Impact Fees on URBAN CORE Development (2) Surplus/(Shortfall) of Available Impact Fees Tax Increment Revenues Present Value of Required Tax Increment Bond (3) Present Value of Tax Increment NOT Used for Bond Debt~~ce (4) Present Value of Remaining Tax Increment After Fully Funding Improvement Costs In Excess of Available Impact Fees $0 - $22,749,253 $56,705,787 $13,085.413 $0 $56,705,787 $70,138,278 $105,972,944 $11,282,784 $13,085,413 $71,521,684 $95,869,862 (1) See Tables 2 through 4. (2) See Table 12, (3) Used to offset shortfall in Years 5.10. See Table 18 for bond capacity and debt service estimates. Present value calculated at 3% discount rate. (4) Present Value at 3% discount rate of tax increment not used to pay annual bond debt service of $5,395,040 Source: Economic & Planning Systems, Inc. Economic I; PIfInning Systems, Inc. 5f1/J12005 P:\15000s\1500fChulalllstacortJSPWod6lsIOSf30lltbles.xIS =<-.j 91 Table 18 Required Tax Increment Bond and Debt Service to Cover Years 5-10 Shortfall Urban Core Specific Plan Facilities Implementation Analysis; EPS #15001 Year Years from Present (2006) Available for Projects and Operations (All Project Areas) Nominal Value of Required Bond (1) Annual Debt Service on Bonds Issued In Year 6 (2) Available Tax Increment After Debt Service 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 Total o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 -15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 $3,315,117 $3,735,487 $4,555,702 $5,772,177 $7,012,937 $7,610,037 $8,097,117 $8,463,252 $8,844,892 $8,939,287 $9,276,287 $9,623,882 $9,983,022 $10,350,622 $10,738,260 $11,127,605 $11,528,205 $11,946,725 $12,382,750 $12,831,625 $13,299,819 $13,785,731 $14,289,431 $11,540,119 $11,986,069 $11,200,100 $11,630,400 $12,077,000 $12,539,100 $13,021,800 $10.811.600 $312,316,157 $67,709,676 $0 $0 $0 $0 $0 $0 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5,395,040 $5 395.040 $134,875,990 $3,315,117 $3,735,487 $4,555,702 $5,772,177 $7,012,937 $7,610,037 $2,702,077 $3,068,212 $3,449,852 $3,544,247 $3,881,247 $4,228,842 $4,587,982 $4,955,582 $5,343,220 $5,732,565 $6,133,165 $6,551,685 $6,987,710 $7,436,585 $7,904,779 $8,390,691 $8,894,391 $6,145,079 $6,591,029 $5,805,060 ' $6,235,360 $6,681,960 $7,144,060 $7,626,760 $5.416.560 $177,440,167 (1) Based on shortfall after impact fees in Years 5-10 shown on Table 17, inflated by 3% per year. (1) Assumptions: Debt Coverage Ratio = 120.0% Bonding Interest Rate = 6.0% Issuance Costs= 3.0% Term = Number of Years remaining on Project Areas (through 2036) IF at least 10 years remain; Assumes no bond issue for less than 1 O-year term. Sources: Harrell & Company Advisors; Economic & Planning Systems, Inc. Economic & Planning Systems, Inc. 511 B/2OO6 P:\15000s\15001Chula VistaCoreSPWodels\051806tbles.xls 38 01--::3' CJ () Draft Report Urban Core Specific Plan Facilities Implementation Analysis May 18, 2006 have to yield roughly $57 million in current dollars. 1bis figure is well below the actual capacity created by the tax increment in Year 6, which was projected at $69 million (present value) on Table 16. As such, funding the deficit would not require the full bonding capacity available in Year 6, leaving revenues available for other projects. In addition, the portion of tax increment that is not required for debt service in the years following the bond issuance could also be available for other projects, as detailed on Table 18. In sum, Table 17 shows that the combination of impact fees on Urban Core development, "pay_as_you_go" tax increment funds and tax increment bonding capacity would be more than adequate to fully fund all of the improvement costs envisioned in the Specific Plan. Nearly $100 million of surplus revenue is shown to be likely, which could then be used for additional improvements in the Urban Core or elsewhere in Chula Vista. ~-3CJ/ 39 P: \ 150005 \1500 1 Chula VisfllCoreSP \ Report \ 051B06DrftRpt 2.doc VI. CONCLUSIONS This Facilities Implementation Analysis for the Urban Core Specific Plan has estimated the costs of various public improvements and allocated those costs according to their purpose and the geographic areas of benefit/responsibility. This analysis has also estimated the improvement costs that could be funded through development impact fees, and identified financial gaps in certain time periods and overall that would need to be addressed through other funding mechanisms. One such mechanism is tax increment financing from the Gty's Redevelopment Project Areas, which are projected to generate sufficient revenues over the next several decades to fully cover the costs of Urban Core improvements. To the extent that other funding sources and mechanisms can be utilized, the costs addressed through impact fees and tax increment financing can be reduced. The reduction of impact fees can enhance the feasibility of desired development in the Urban Core, although it is not expected that the cost burden of the impact fees calculated herein would represent a significant feasibility hurdle for development. The reduction of the reliance on-tax increment financing would enable those funds to be used for other improvement projects elsewhere in the City. Other funding mechanisms that could be considered and sought to finance the public improvements envisioned in the Urban Core Specific Plan include the following: . Regional funding- TransNet, SANDAG, and other funding sources may be available for certain improvements that have regional significance. . Capital Improvement Program funding-Many of the improvements represent benefits to the City generally, and could be funded through the OP budget. . Developer exactions- The provision of plazas, park land (especially for the Promenade Park), streetscape improvements, etc. could be required as a condition of approval for certain developments (where feasible). . Land-secured financing-Mello-Roos districts or other assessments on landowners or building occupants could be imposed to provide funding for improvements beyond those funded by impact fees. Application of these mechanisms is likely to be limited, however, because of multiple ownerships and developed conditions in the Urban Core. It is important to note that this Facilities Implementation Analysis presents an analysis of the potential funding for the improvements detailed in the Urban Core Specific Plan. Policy-makers are not required to impose fees or allocate funding as described herein, but rather will be expected to assess the importance of various improvements and the appropriateness of various funding mechanisms in a context of competing policy and financial priorities, as well as under market conditions that will evolve through the next several decades as the Urban Core is undergoing re-investment and redevelopment. 40 P: \ lS000s \ ISDOIChulllVistaCortSP '&port \ OS1806DTjtRpt2 .doc cZ-..:30c:( This chapter describes the authority of a Specific Plan, the process which will be used to consider development applications and the administrative procedures required for amendments and/or modifications to the Plan. XI. Plan 4dministration A. Introduction A Specific Plan is a regulatory tool that local governments use to implement their General Plan and to guide development in a localized area. While to the general plan is the primary guide for growth and development throughout a community, a Specific Plan is able to focus on the unique characteristics of a specialized area by customizing the vision, land uses and development standards for that area. This specific plan has been prepared and adopted pursuant to Section 65450 et seq of the California Government Code; PUblic nearing Draft -=<-~ B. Specific Plan Adoption This Specific Plan has been adopted by City Council Ordinance. Adoption of this Specific Plan followed soon after the adoption of a comprehensive General Plan update. Upon adoption, the Specific Plan implements the adopted General Plan by establishing the land uses, development standards and design guidelines for the Specific Plan Focus Areas. Public Nearing Draft For those projects which propose buildings that exceed 84 feet in height, the further following findings will be required to be made: . The building design reflects a unique, signature architecture and creates a positive Chula Vista landmark; . The project provides increased amenities such as public areas, plazas, fountains, parks and paseos, extensive streets cape improvements, or other public amenities that may be enjoyed by the public at large. These amenities will be above and beyond those required as part of the standard development approval process; and, . The overall building height and massing provides appropriate transitions to surrounding areas in accordance with the future vision for those areas, or if in a Neighborhood Transition Combining District, the adjoining neighborhood. c. Specific Plan Administration 1. Urban Core Development Permit and Design Requirements The Design Review Process for future development projects is established for the Specific Plan focus areas. Except as provided in paragraphs 3 and 4, below, development projects within the Specific Plan Focus Areas will be subject to a design review process to ensure consistency with the Specific Plan. In addition, proposed developments would also be required to adhere to existing CVMC regulations and processes for other discretionary review, such as those for conditional use permits, variances, and subdivisions, as may be applicable. (See CVMC 2.55, 19.14, and 19.54). All developments within the Specific Plan Focus Areas require submittal and approval of an Urban Core Development Permit (UCDP). The UCDP Review Process is illustrated in Figure 11.1. To be approved, a development project must: . comply with the permitted uses and development criteria contained in Chapter VI - Land Use and Development Regulations of this Specific Plan, and other applicable regulations contained in the CVMC; and, . be found to be consistent with the design requirements and recommendations contained in Chapter VII - Design Guidelines of this Specific Plan. Except as provided in Section 3. Nonconforming Uses, Section 4. Exemptions, and Section 5. Site Specific Variance below, all projects require a pre-submittal meeting with staff to determine appropriate processing requirements and preliminary issue identification. The UCDP will be issued if it is determined that the project complies with the provisions of the SpeCific Plan, including the Public Nearing Draft ~ - 3tJ.!:J- URBAN CORE DEVELOPMENT PERMIT DESIGN REVIEW PROCESS. Minor Projects -- ."Pmjedchar.g.,s'~t1$ neceuar( Mob rltcorrimendaHori on com&tenev w/SpKIlk::Plon: Stall Design Ravhtw Ifconslstenf. SubmftUCDP wI ConditkM\S of Approval to eYRe becuflVe. Ofkei' NQflceof " D<IcIsIon DenIed If not ,consistent, ,redesign or-CV1tC Exetuttve::Oftk:jf denlcd APpealtoCItyCouncnr *.d_ltYelOpment Agency , , . ~ppeal to CVRC "Process pertains 10 project; In redeVelapment area, only .. If Redevelapment Agency InvolVement (e.g. Agreement or Funding) project ebtan, concurrent Agency Approval fg. 11.1 t:2-3CJ~ Public nearing Draft b. Developments Not Within a Redevelopment Project Area Projects within the Specific Plan area, but outside a Redevelopment Project Area, will be subject to the City's existing design review processes. Large-scale projects, as defined above, will require review by the Design Review Committee. Minor projects may be reviewed and approved by the Zoning Administrator, or his/her designee in a manner consistent with CVMC Section 19.14. development regulations, standards and design guidelines. Approval of the UCDP will include all conditions of approval ranging from design, environmental mitigation measures, public improvements, and others as may be determined upon review of the specifiC development project. The UCDP process will ensure an enhanced level of review for major projects, while minimizing processing for minor projects, as defined by CVMC Section 19.14.582. The Specific Plan provides separate processes for design review for those developments within established Redevelopment Project Areas and for those developments located outside established Redevelopment Project Areas. Figure 11.2 illustrates the boundaries of existing Redevelopment Project Areas, which may be amended from time to time, within the Specific Plan boundaries. Projects which include site areas within both areas shall be approved using the process set forth for Redevelopment Project Areas. a. Developments Within a Redevelopment Project Area The Chula Vista Redevelopment Corporation (CVRC) has been established by the City Council to assist with implementation and oversight of infill development in the Redevelopment Project Areas within the Specific Nan, and elsewhere within the City. The CVRC holds regularly scheduled meetings to review developments and design proposals. The CVRC provides a vehicle for public participation relating to the growth and redevelopment of the Chula Vista Urban Core, and serves as a communications link between its citizens, the City Council and Redevelopment Agency. In addition, the recently established Redevelopment Advisory Committee will provide input on projects, early and often. All developments within the Specific Plan Focus Areas that are all or in part within a Redevelopment Project Area require submittal and approval of a UCDP. The UCDP process requires review and approval by either the CVRC Executive Director or the CVRC Board. For minor projects, design review will be subject to review and approval by the Executive Director of the CVRC with the opportunity for appeal to the CVRC. Design review of other projects will be conducted by staff with recommendation to the CVRC. Public nearing Draft .2 -361 National City Urban Core Specific Plan and Redevelopment Areas ~ ~ I'f) \ 0 Focus ~ Area " ,. Study , , Area - Red!lv. Areas to'IlC:I.Q""'~_ ......- H A + adl~ ..--..,-..- fg. 11.2 If' - ~ Public Nearh lraft PUblic nearing Draft c. Other Discretionary Approvals The provisions of the Zoning Ordinance relative to other discretionary permits or actions (e.g. Tentative Map, Conditional Use Permits) shall be applied as required based on individual development projects. 2. Permitted Land Uses Permitted land uses within the Specific Plan Focus Areas are identified in the Land Use Matrix found in Figures 6.2-6.6 of Chapter VI - Land Use and Development Regulations. The Community Development Director or his/her designee may determine in writing that a proposed use is similar and compatible to a listed use and may be allowed upon making one or more of the following findings: . The characteristics of and activities associated with the proposed use is similar to one or more of the allowed uses and will not involve substantially greater intensity than the uses listed for that District; . The proposed use will be consistent with the purpose and vision of the applicable District; . The proposed use will be otherwise consistent with the intent of the Specific Plan; . The proposed use will be compatible with the other uses listed for the applicable District. -- The Community Development Director or his/her designee may refer the question of whether a proposed use is allowable directly to the CVRC or Planning Commission on a determination at a public hearing. A determination of the Community Development Director or his/her designee, CVRC or Planning Commission may be appealed in compliance with the procedure set forth in the CVMC. 0< - 30 ~ 3. Nonconforming Uses Existing uses that are not listed in the allowable land uses table or determined to be permitted pursuant to the findings and procedure above are declared nonconforming uses. Refer to the CVMC Chapter 19.64 - Nonconforming Uses for definitions and policies managing nonconforming uses such as: . Continuances (continuing operation of nonconforming uses) . Changing uses . Terminations of nonconforming uses A one time extension of up to six months, according to the provisions of CVMC Chapter 19.64.070A, may be granted by the CVRC or Planning Commission, as applicable, where undue economic hardship is demonstrated. Standards contained within the Specific Plan are mandatory requirements that must be satisfied for all new projects and building renovations except where CVMC nonconforming regulations (Chapter 19.64) provide exemptions or allowances. 4. Exemptions Exemptions to Specific Plan requirements include minor modifications to existing structures such as painting, maintenance or repair, re-roof, modifications that increase the total building area by 200 square feet or less (within a 2-year period) as well as other exceptions and modifications described in Chapter 19.16 of the CVMC. 5. Site Specific Variance Standards contained within the Specific Plan are mandatory requirements that must be satisfied for all new projects and building renovations except where CVMC Variance regulations (Chapter 19.14.140 - 19.14.270) provide for a variation from the strict application of the regulations of a particular subdistrict. o(-..;5jeJ Public Nearing Draft . Proposals to amend the Specific Plan must be accompanied by detailed information to document the change required. This information should include revised Specific Plan text (or excerpt thereof) and revised land use diagram or map amendment, where relevant, depleting the amendment requested. . The City has conducted a comprehensive analysis and invested a significant amount of time and money in the preparation of the Specific Plan, therefore, any proposals to amend the Specific Plan must document the need for such changes. The City and/or applicant should indicate the economic, social, or technical issues that generate the need to amend the Specific Plan. Costs incurred for the amendments shall be the responsibility of the party requesting the amendment. . The City and/or applicant must provide an analysis of the amendment's impacts relative to the adopted Environmental Impact Report. Depending on the nature of the amendment, supplemental environmental analysis may be necessary. The need for such additional analysis shall be determined by the City of Chula Vista in accordance with the California Environmental Quality Act (CEQA Guidelines 3 15162). D. Specific Plan Amendment Over time, various sections of the Specific Plan may need to be revised, as economic conditions or City needs dictate. The policies presented in the Specific Plan contain some degree of flexibility, but any Specific Plan amendments must be judged by relatively fixed criteria. The California Government Code (3 65453) clearly states that a Specific Plan "may be amended as often as deemed necessary by the legislative body." Amendments to this Plan may be initiated by a developer, any individual property owner, by the CVRC or by the City, in accordance with any terms and conditions imposed during the original approval or in accordance with any terms and conditions pertaining to Chula Vista Municipal Code. The Community Deveiopment Director or his/her designee is responsible for making the determination of whether an amendment to the Specific Plan text or maps is needed. Amendment procedures are described below. 1. Major Amendments The Community Development Director, or his/her designee shall within 10 days of any submittal of a request to amend this Plan, determine whether the amendment is "minor" (administrative) or "major". Major amendments (described below) require an advisory recommendation by the CVRC and Planning Commission and approval by the City Council. If the amendment is determined to be minor, the Community Development Director, or his/her designee, may Public Nearing Draft 0(-.3// approve or deny the application. Minor amendments must be determined by the Community Development Director to be in substantial conformance with the provisions of the Specific Plan and do not include any changes described below for major amendments. Any decision of the Community Development Director, or his/her designee, may be appealed to the CVRC and Planning Commission and/or City Council, provided said appeal is initiated within 10 working days of receipt by the applicant of written notice of the decision of the Community Development Director, or his/her designee. Examples of "major" amendments include: . The introduction of a new land use designation not contemplated in the Specific Pian, as may be amended from time to time. . Changes in the designation of land uses affecting two acres or more from that shown in the Specific Plan, as may be amended from time to time. . Changes to the circulation system or other community facility which would materiaiiy affect a planning concept detailed in the Specific Plan, as may be amended from time to time. . Changes or additions to the design guidelines which materially alter the stated intent of the Specific Plan, as may be amended from time to time. . Any change which would result in new significant, direct adverse environmental impacts not previously considered in the EIR. 2. Necessary Findings The Community Development Director, orhis/herdesignee will review the request for Specific Plan Amendment and aii submitted supporting material and develop a recommendation on the Specific Plan Amendment for consideration by the CVRC, Planning Commission and City Councii. The Community Development Director, or hiS/her designee may also request further clarification and submittai of additional supporting information, if necessary. The consideration of any proposed amendment to the Specific Plan shaii require that the foiiowing findings be made: . Changes have occurred in the community since theapproval of the original Specific Plan which warrant approving the proposed amendment. . The proposed amendment is consistent with the General Plan for the City of Chula Vista. . The proposed amendment will result in a benefit to the area within the SpeCific Plan. ~-3/rfL Public Nearing Draft . The proposed amendment will not result in significant unmitigated impacts to adjacent properties. . The proposed amendment will enable the deliver of services and public facilities to the population within the Specific Plan area. Public Nearing Draft d? - .31..3 1". five Year I!eview Conducting periodic reviews of the Specific Plan is important to ensure proper functioning and implementation over time. A five-year review will offer an opportunity to make sure the Specific Plan is on track, check in on the implementation process to ensure that the goals and objectives are being achieved and make changes in case they are not. Over the life of the Specific Plan, the changing landscape of the Urban Core may impact the effectiveness of implementing actions. Thus, a five-year review cycle allows for adjustments to the plan to be made as necessary. Items of particular importance to consider are: . Review the total amount of development against the thresholds established in this Specific Plan . Evaluate the need for planned improvements based on development patterns and programs in the CIP . Review the various Incentives Programs to evaluate if these elements are providing the intended results A Five-Year Progress Report will be prepared and may be included as part of Budget Cycle or Strategic Plan Updates. ~ --3/1 Public nearing Draft CHULA VISTA URBAN CORE SPECIFIC PLAN MITIGATION MONITORING REPORTING PROGRAM (public Facilities and Services Program) Introduction This mitigation monitoring reporting program (MMRP) was prepared for the City of Chula Vista Urban Core Specific Plan to comply with Public Resources Code section 21081.6, which requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. This monitoring program is dynamic in that it will undergo changes as additional mitigation measures are identified and additional conditions of approval are placed on the project throughout the project approval process. Pursuant to Public Resources Code section 21081.6(a)(2), the City of Chula Vista designates the Environment Review Coordinator and the City Clerk as the custodians of the documents or their material which constitute the record of proceedings upon which its decision is based. This monitoring program will serve a dual purpose of verifying completion of the mitigation identified in the EIR and generating information on the effectiveness of the mitigation measures to guide future decisions. The program includes the following: . Monitor qualifications . Specific monitoring activities . Reporting system ;-Criteria for evaluating the success of the mitigation measures The proposed project is the adoption of the Chula Vista Urban Core Specific Plan (UCSP). The UCSP would govern the development and revitalization of the urban core of the City of Chula Vista. The UCSP includes land use objectives, development regulations (zoning), and development design guidelines to implement the adopted General Plan vision for the urban core. The UCSP's planning horizon is the year 2030. The City of Chula Vista is located in southern San Diego County, between National City and the southernmost portion of the City of San Diego which abuts the U.S.-Mexican border. The UCSP area occupies 1,700 acres in the northwest portion of the City. A smaller, 690-gross-acre Subdistricts Area was determined to be most in need of revitalization and is the focus of all the regulatory land use provisions of the UCSP. The new zoning, development standards, and design guidelines proposed in the UCSP will apply only to the Subdistricts Area of the UCSP. Existing zoning and land use regulations will not be changed in the remaining portion of the UCSP study area outside the Subdistricts Area. The UCSP Subdistricts Area comprises the traditional downtown area east ofI-5, west of Del Mar Avenue, north ofL Street, and south ofC Street. Under the proposed Chula Vista Urban Core Specific Plan, the urban core would be organized into three planning districts (Urban Core, Village, and Corridors) and 26 subdistricts. 0<'-,5/,6- The proposed Chula Vista Urban Core Specific Plan is described in the Environmental Impact Report (ErR) text. The EIR, incorporated herein as referenced, focused on issues determined to be potentially significant by the City of Chula Vista. The issues addressed in the ErR include land use, landform alteration/aesthetics, cultural resources, geology and soils, paleontological resources, population and housing, hydrology and water quality, traffic circulation and access, noise, air quality, public services, public utilities, and hazards/risk of upset. The environmental analysis concluded that for all of the environmental issues discussed, some of the significant and potentially significant impacts could be avoided or reduced through implementation of recommended mitigation measures. Potentially significant impacts requiring mitigation were identified for landform alteration/aesthetics, cultural resources, geology and soils, paleontological resources, water quality, traffic circulation and access, noise, air quality, public services, public utilities (energy), and hazards/risk of upset. Public Resources Code section 21081.6 requires monitoring of only those impacts identified as significant or potentially significant. The monitoring program for the Urban Core Specific Plan therefore addresses the impacts associated with only the issue areas identified above. Mitigation Monitoring Team The monitoring activities would be accomplished by individuals identified in the attached MMRP table. While specific qualifications should be determined by the City of Chula Vista, the monitoring team should possess the following capabilities: . Interpersonal, decision-making, and management skills with demonstrated experience in working under trying field circumstances; . Knowledge of and appreciation for the general environmental attributes and special features found in the project area; . Knowledge of the types of environmental impacts associated with construction of cost -effective mitigation options; and . Excellent communication skills. Program Procedural Guidelines Prior to any construction activities, meetings should take place between all the parties involved to initiate the monitoring program and establish the responsibility and authority of the participants. Mitigation measures that need to be defined in greater detail will be addressed prior to any project plan approvals in follow-up meetings designed to discuss specific monitoring effects. An effective reporting system must be established prior to any monitoring efforts. All parties involved must have a clear understanding of the mitigation measures as adopted and these mitigations must be distributed to the participants of the monitoring effort. Those that would have a complete list of all the mitigation measures adopted by the City of Chula Vista would include the City of Chula Vista and its Mitigation Monitor. The Mitigation Monitor would distribute to each Environmental Specialist and Environmental ~-~/b Monitor a specific list of mitigation measures that pertain to his or her monitoring tasks and the appropriate time frame that these mitigations are anticipated to be implemented. In addition to the list of mitigation measures, the monitors will have mitigation monitoring report (MMR) forms, with each mitigation measure written out on the top of the form. Below the stated mitigation measure, the form will have a series of questions addressing the effectiveness of the mitigation measure. The monitors shall complete the MMR and file it with the MM following the monitoring activity. The MM will then include the conclusions of the MMR into an interim and final comprehensive construction report to be submitted to the City of Chula Vista. This report will describe the major accomplishments of the monitoring program, summarize problems encountered in achieving the goals of the program, evaluate solutions developed to overcome problems, and provide a list of recommendations for future monitoring programs. In addition, and if appropriate, each Environmental Monitor or Environmental Specialist will be required to fill out and submit a daily log report to the Mitigation Monitor. The daily log report will be used to record and account for the monitoring activities of the monitor. Weekly and/or monthly status reports, as determined appropriate, will be generated from the daily logs and compliance reports and will include supplemental material (i.e., memoranda, telephone logs, and letters). This type of feedback is essential for the City of Chula Vista to confirm the implementation and effectiveness of the mitigation measures imposed on the project. Actions in Case ofNoncomoliance There are generally three separate categories of noncompliance associated with the-" adopted conditions of approval: . Noncompliance requiring an immediate halt to a specific task or piece of equipment; . Infraction that warrants an immediate corrective action but does not result in work or task delay; and . Infraction that does not warrant immediate corrective action and results in no work or task delay. There are a number of options the City of Chula Vista may use to enforce this program should noncompliance continue. Some methods commonly used by other lead agencies include "stop work" orders, fines and penalties (civil), restitution, permit revocations, citations, and injunctions. It is essential that all parties involved in the program understand the authority and responsibility of the on-site monitors. Decisions regarding actions in case of noncompliance are the responsibility of the City of Chula Vista. SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES The following table summarizes the potentially significant project impacts and lists the associated mitigation measures and the monitoring efforts necessary to ensure that the measures are properly implemented. All the mitigation measures identified in the EIR are recommended as conditions of project approval and are stated herein in language appropriate for such conditions. In addition, once the Chula Vista Urban Core Specific cl-:3j~ 3 Plan has been approved, and during various stages of implementation, the designated monitor, the City of Chula Vista, will further refine the mitigation measures. J,-3!%' 4 ~ ~ "-.: '-lJ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (PUBLIC FACILITIES AND SERVICES PROGRAM) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency City ofChula Vista (CCV) Surface and Ground Water Quality. Implementation ofthe proposed UCSP would allow a three-fold increase in population and associated intensification of existing urban land uses which would likely result in a substantial increase in direct runoff to drainage basins, municipal storm sewer systems, and eventual drainage to surface water and/or the ocean. This runoff will likely contain typical urban runoff pollutants such as sediment, pathogens, heavy metals, petroleum products, nutrients (phosphates and nitrates) and trash. This comprises a potentially significant long-term water quality impact. The potential long-term impacts to water quality which may result from implementation of the proposed UCSP would be required to be reduced to acceptable levels through the mandatory controls imposed by local, state, and federal regulations. 5.7-1: Prior to approval of subsequent individual development projects, compliance with all applicable federal, state and local laws and regulations regarding watr quality (e.g. lURMP, SUSMP, NPDES, SWPPj and City Development and Redevelopment Projects Storm Water Manual) shall be demonstrated to the satisfaction of the City Engineer. 5 Prior to the approval of any construction permits, including but not limited to the first Grading Permit, Demolition Permit, and Urban Core Development Permit (UCDP). ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Time Frame of Mitigation Selected provisions of the UCSP that allow and encourage native plant landscaping and sustainable building practices (water input and waste efficiencies, living roofs, bioswales, etc.) would potentially lessen future runoff volumes, lIow rate and pollutant concentration. The construction activities of subsequent individual projects would also potentially cause short-term water quality impacts through direct discharge of pollutants, soil excavation/sedimentation, and through encountering of shallow groundwater during sublloor grading. This comprises a potentially significant short-term water quality impact. 5.7-2: Prior to approval of subsequent individual development projects, project applicants shall demonstrate to the satisfaction of the City Engineer that the proposed on-site storm drain systems fully mitigate drainage impacts and meet all federal, state, and regional water quality objectives and all City standards and requirements. Land development construction drawings and associated reports shall include details, notes, and discussions relative to the required or recommended Best Management Practices (BMPs). Permanent storm water BMP requirements shall be incorporated into the project design and all subsequent individual development projects are required to complete the applicable Storm Water Compliance Form and comply with the City ofChula Vista's Storm Water Management Standards Requirements Manual. 6 Prior to the approval of any construction permits, including but not limited to the first Grading Permit, Demolition Permit, and Urban Core Development Permit (UCDP). Monitoring Reporting Agency City of Chula Vista (CCV) URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation ~ l1 ~ '-. 5.7-3: The City ofChula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NPDES Municipal Permit, Order No. 2001-01. According to said permit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urqan Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. Future projects shall comply with all applicahle regulations, estahlished hy the United States Environmental Protection Agency (USEP A), as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge, and any regulations adopted by the City ofChula Vista pursuant to the NPDES regulations and requirements. Further, the applicant shall file a Notice of Intent (N0l) with the State Water Resource Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall 7 Prior to the approval of any construction permits, including but not limited to the fIrst Grading Permit, Demolition Permit, and Urban Core Development Permit (UCDP). Monitoring Reporting Agency City of Chula Vista (CCV) URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures implement a Storm Water Pollution Prevention Plan (SWPP) concurrent with the commencement of grading activities. The SWPP shall include both construction and post-construction pollution prevention and pollution control measures, and shall identify funding mechanisms for the maintenance of post-construction control measures. ~ I ~ .9J 5.7-4: Prior to issuance of an Urban Core Deve~opment Permit or other discretionary permit, all . subsequent individual development projects shall demonstrate to the satisfaction of the Community Development Director, conformance with Mediterranean/indigenous landscaping and other relevant design recommendations provided in UCSP Chapter VII Development Design Guidelines. 8 Time Frame of Mitigation Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. Monitoring Reporting Agency City ofChula Vista (CCV) ~ I CJJ ~ ()J URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Monitoring Reporting Agency Road Segments and Intersections Level of Service. A substantial increase in traffic on area roadways and at area intersections will result from planned population growth in the urban core area over the next 25 years. Without the intersection and roadway improvements envisioned in the proposed UCSP, by year 2030 conditions, 2 road segments and 19 intersections would operate at unacceptable LOS E or worse during peak traffic periods. This comprises a significant traffic impact prior to mitigation. The significant impacts to intersections will be mitigated to below significance by implementation of the improvements recommended in Mitigation Measure 5.8.5- I, with the exception of #27 Broadway/H Street, #33 Hilltop DrivelH Street and #54 Third A venue/J Street. Impacts to these 3 intersections would remain significant and unmitigated. Mitigation Measures Time Frame of Mitigation City of Chula Vista (CCV) 5.8.5 -1: Intersection Improvements. Impacts to the 19 affected intersections will be mitigated to below significance by the implementation of improvements that have been divided into three tiers for phased implementation based on need and enhancement nf the overall street network. Generally, time frames associated with the tiered improvements are anticipated as short-, mid- and long-term. In each tier, the City's existing TMP will determine the order in which projects are implemented during the biannual CIP program review. The Tier I impljOvements would be included in the current ~IP and subsequently monitored for improvement within the first five years of implementation of the UCSP. It should be noted that three of the intersections (#7, #16, and #21) are proposed as project features rather than as needed to improve intersection LOS and most likely will be related to and timed with implementation of streetscape improvements along Third A venue. 9 Three-tiered phasing of implementation based on need. Tier 1, short-term, improvements are to occur within the first five years of implementation of the UCSP or as may be modified by results of the annual Traffic Monitoring Program (TMP). URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency ~ ~ ~ ~ Recommendations at intersections #27, #33, and #54 do oot improve conditions to an acceptable LOS due to ROWand design constraints. The following describes the constraints at the three intersections: . At the Broadway/H Street intersection (#27), an additional northbound and southbound through lane would be required in order to achieve an acceptable LOS 0 conditions. However, this improvement would require extensive widening of Broadway and H Street to allow for lane drops. Furthermore, this widening would create longer pedestrian crossings. As such, the recommended improvements of the eastbound queue jumper lane and the additional westbound through and right-turn lanes would improve the intersection from LOS F to LOS E conditions. The intersection number~ in the improvements described below corresppnd to the intersection numbering system used in the TIA (Appendix C of this E1R): a. Tier I Improvements . # 1 Bay BoulevardlI-5 Southbound Ramp/E Street: Add an eastb01;md through and right- turn lane, southbound right-turn lane, and northbound right-turn lane. Coordination with Caltrans will be required for this improvement. . #21-5 Northbound Ramp/E Street: Add a westbound right-turn lane. Coordination with Caltrans will be required for this improvement . #7 Third A venue/E Street: Convert the northbound and southbound shared right- through lane into exclusive right-turn lanes. . # 16 Third A venue/F Street: Separate the southbound shared through-right lane into an exclusive through and right-turn lanes, convert the northbound shared through-right lane into an exclusive right-turn lane. 10 ~ I ~ ~ \ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures o At the Hilltop Drive/H Street intersection (#33), no improvements would be recommended due to ROW constraints. The poor LOS at this intersection is primarily caused by the high traffic volumes in the eastbound/westbound movements. Additional through and/or turn lanes would be required in order to improve this intersection to an acceptable LOS. With no improvements, this intersection would remain at LOS E during both peak periods. o At the Third A venuell Street intersection (#54), the required improvement of an additional southbound right-turn lane would impact the existing commercial building (Henry's Marketplace), which is built adjacent to the sidewalk. Therefore, this improvement is not recommended. o #21 Third A venue/G Street: Convert the northbound/southbound shared through-right lane into exclusive right-turn lanes. o #24 1-5 Southbound RamplH Street: Add a southbound left, eastbound through and right- turn lanes. Coordination with Caltrans will be required for this improvement. o #251-5 Northbound RarnplH Street: Add a westbound through and right-turn lane and restripe south approach to accommodate dual left-turn lanes. Coordination with Caltrans will be required for this improvement. o #26 Woodlawn Avenue/H Street: Change Woodlawn Avenue to a one-way couplet. This improvement is required to serve the intense redevelopment occurring on both sides of H Street. The couplet improvement is not required mitigation further north toward E Street. o #27 BroadwaylH Street: Add an eastbound transit queue jumper lane and westbound through and right-turn lanes. 11 Time Frame of Mitigation Monitoring Reporting Agency ~ ~ ~ '\' URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency As a result, the LOS would remain at LOS E. However, if the property were to redevelop in the future, additional ROW could be obtained for the southbound right-turn lane. While existing TransNet funding is expected to cover some of the costs of roadway and transit improvements and existing traffic signal fees currently collected as new development occurs would be applied, as appropriate, to identified signal-phasing improvements, the Facilities Implementation Analysis (FIA) has identified proposed development fees that may be needed to fund some of the recommended traffic improvements. In addition, some of the improvements will require right of way dedications either as part ofthe development process or concurrent with capital improvements, and/or coordination with Caltrans. o #28 Fifth A venuelH Street: Change the northbound/southbound approaches to include protective plus permissive phasing and add a westbound right-turn lane. o #29 Fourth AvenuelH Street: Add a1\ eastbound/westbound right-turn lane. o #44 Fourth Avenue/SR-54 Eastbound Ramp: Add an eastbound right-turn lane. Coordination with Caltrans will be required for this improvement. b. Tier 2 Improvements o . #34 Broadway/SR-54 Westbound Ramp: Add a westbound right-turn lane. Coordination with Caltrans will be required for this improvement. o #59 J StreetlI-5 Northbound Ramp: Add an eastbound left-turn and westbound right-turn lane. Coordination with Caltrans will be required for this improvement. 12 ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency . #6 I L Street/Bay Boulevard: Signalize the intersection, add a southbound left-turn lane, and a northbound right-turn overlap phase to the traffic signal. . #63 Bay Boulevard/l-5 Southbound Ramp: Signalize the intersection. Coordination with Caltrans will be required for this improvement. . #64 Industrial Boulevard/l-5 Northb,ound Ramp: Signalize the intersection. Coordination with Caltrans will be required for this improvement. . H Street from four lanes to six lanes from 1-5 to Broadway c. Tier 3 Improvements . # I3 BroadwaylF Street: Add an eastbound right-turn lane. . #45 Fourth AvenuelBrisbane Street: Add a southbound right-turn overlap phase to the traffic signal. . #57 Second A venuellp Street: Convert to an all-way stop controlldd intersection. 13 ~ I Vv ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures On an annual basis during buildout of the UCSP, the City shall apply the TMP to monitor actual performance of the street system in the Subdistricts Area by conducting roadway segment travel time studies in accordance with the City's Growth Management Program and Traffic Threshold Standards. The results of the annual study under the TMP will be used by the City to determine the timing and need for implementation of improvements to the nineteen intersections identified above as having potential significant impacts. The City shall iIljplement the intersection improvements in phases b~ed on the results of the annual TMP and on need and enhancement to the function of the overall street network. In addition to determining timing and need, this systems and operations monitoring approach should also be used to further ascertain final design details of the intersection improvements 'and may include consideration of the effects on traffic flow as well as the impactslbenefits to other travel modes (e.g., pedestrians and bicycles) that are foundational to the successful implementation of the Specific Plan. 14 Time Frame of Mitigation Monitoring Reporting Agency ~ , ~ '0 URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) The potential significant impacts to street segments will be mitigated to below significance by implementation ofthe improvements recommended in Mitigation Measure 5.8.5-2, with the exception of Third A venue between E and G Streets. The significant and unavoidable impact to this street segment result from the design of the project, which is intended to reduce Third A venue to a two-laoe downtown promenade to facilitate an enhanced pedestrian environment along the traditional commercial village. Although the planned improvements would result in an un,acceptable LOS, they would meet the project objectives of creating a more pedestrian friendly and active streetscape that will accommodate multi-modes of transportation rather than accommodating only the automobile. 5.8.5-2: Segment Improvements. During build-out of the UCSP, the City shall apply the Traffic Monitoring Program (TMP) to monitor actual performance of the street system in the Subdistricts Area by conducting roadway segment travel time studies in accordance with the City's Growth Management Program and Traffic Threshold Standards. The results of the annual study under the TMP will be used by the City to determine the timing and need for implementation of improvements to the street segments identified as having potential significant impacts. The City shall implement the following street segment improvements: (I) based on the results of the annual TMP; or (2) based on need and enhancement to the function ofthe overall street network; and (3) in a manner that efficiently implements with phasing of necessary adjacent intersection improvements. 15 Timing of implementation based on (1) results ofthe annual Traffic Monitoring Program (TMP); (2) need and enhancement to the function of the overall street network; and (3) in a manner that efficiently implements with phasing of necessary adjacent intersection improvements. City ofChula Vista (CCY) ~ ~ (Jj C> URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency 1) H Street between 1-5 and Broadway would be reclassified as a six-lane gateway. As a result, the acceptable ADT would increase and result in an acceptable LOS. 2) Third A venue between E Street and G Street would be constructed as a two-lane downtown promenade to facilitate an enhanced pedestrian environment along the traditional commercial village. As a result, the acceptable ADT along the segment would decrease and result in an unacceptable LOS. As such, impacts to Third A venue will be significant and unavoidable. However, the Third Avenue corridor intersections at E, F and G Streets would all operate at an acceptable L0S. 16 ~ I ~ '- URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures City of Chula Vista (CCY) Due to the long-tenn nature of some of the improvements, the fee program and coordination have either not been implemented or begun, respectively, whereas the right of way exactions would occur with redevelopment. While these improvements are intended to be implemented when necessary and within the Tiers noted above, their long-tenn implementation cannot be assured at this time. Identified significant impacts will be partially mitigated but due to the lack of funding assurances at this time, future coordination with CAL TRANS and SANDAG, and future right of way exactions, impacts are considered significant and unmitigated. 5.8.5- 3:Prior to issuance of an Urban Core Development Pennit, subsequent development projects shall prepare a traffic assessment to quantify the projects' potential traffic impacts. Subsequent projects will be required to contribute their fair share to the Tiered Improvements listed above under Mitigation 5.8.5.1. Mitigation may be in the fonn of: I. Payment of Transportation Development Impact Fee (TDlF), as may be established in the future for the western portion of the City; 2. Payment of existing Traffic Impact Signal Fee; 3. Construction of improvements within the project boundaries; and/or 4. Early advancement of improvements beyond the project boundaries, subject to a reimbursement agreement. 17 Time Frame of Mitigation Prior to the approval of an Urban Core Development Pennit (UCDP) or other discretionary pennit. Monitoring Reporting Agency ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact liJ. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency The City's TDIF program for the west side of the City, including the Urban Core is anticipated to be developed within the subsequent twelve months following adoption of the UCSP. The TDIF will clearly establish the costs of the improvements identified above as well as the fair share costs to be applied to all subsequent development projects. Once the TDIF has been established, the fee will be consistently: applied to all subsequent development projects, until such time that the TDIF is amended or rescinded. In the interim, if subsequent development projects are processed and approved prior to the establishment ofa TDIF, a condition of approval will be included that prior to issuance of building permits the project will contribute to the TDIF, as may be established. 18 ~ I ~ lJ.j URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency City ofChuIa Vista (CCV) Pedestrian, Bicycling and Public Transit. The three-fold increase in population projected for the UCSP Subdistricts Area by 2030 would place greater demands on public transit services. However, provisions of the UCSP serve to benefit, rather than to deteriorate, mobility conditions for pedestrians, bicyclists and public transit users. Additionally, the UCSP does not conflict with any adopted plans or programs supporting alternative transportation. Impacts to alternative forms of transportation as a result of the proposed UCSP would not be significant nor adverse given adherence of subsequent projects to relevant regulations and guidelines ofthe UCSP as outlined in Mitigation Measure 5.8.5-4. 5.8.5-4: Prior to issuance of an Urban Core Development Permit for subsequent development projects, the traffic assessment prepared to quantify the projects' potential traffic impacts will also identify how alternative modes of transportation will be accommodated. Mitigation may be in the form of: 1) Compliance with the development regulations and design guidelines ofthe UCSP to accommodate pedestrians, bicyclists and public transit; and 2) Where applicable, c,*,struction of improvements within the project bOl1ndaries; and/or 3) Early advancement of improvements beyond the project boundaries, subject to a reimbursement agree":lent. 19 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. ~ \ CJv UJ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Mebures Time Frame of Mitigation > Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. Monitoring Reporting Agency City of Chula Vista (CCV) Parking. A projected total of 18,560 parking spaces would be required to serve future development of the proposed UCSP at buildout. Potential significant impacts to parking would be reduced to below significance by the incorporation of these development regulations and design guidelines into subsequent development projects, as required as part of the UCSP design review process. Parking improvements will either be made on-site (i.e. where required of subsequent development projects), or off- site (i.e. in coordination with the City's Parking District or in Lieu Fee program). A number of other parking improvement strategies are included in the UCSP including raking buffers, parking districts and parking structures. 5.8.5-5: Prior to issuance of an Urban Core Development Permit, subsequent development projects shall comply with the parking standards set forth in the UCSP development regulations and design guidelines for the type and intensity of development proposed. 20 ~ <1 ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Monitoring Reporting Agency Multi-Jurisdictlonal Efforts. The proposed UCSP will result in both direct and cumulatively significant traffic impacts to study area freeway segments and ramps. . As described above under Road Segments and Intersections Level of Service, the following freeway interchanges would be significantly impacted by the proposed UCSP: . # I: Bay Boulevard/I- 5 SB ramp at E Street (LOS E - AM Peak, LOS F - PM Peak); . #2: 1-5 NB Ramp at E Street (LOS E- AM and PM Peak); . #24: 1-5 SB Ramp at H Street (LOS F- PM Peak); . #25: 1-5 NB Ramp at H Street (LOS F- PM Peak); . #34: Broadway at SR-54 WB Ramp (LOS F - AM Peak); . #44: Fourth A venue at SR-54 EB Ramp (LOS F - PM Peak); 5.8.5-6: The City shall participate in a multi-jurisdictional effort conducted by Caltrans and SANDAG to assist in developing a detailed engineering study of the freeway right-of-way that will identifY transportation improvements along with funding, including federal, state, regional, and local funding sources, and phasing, that would reduce congestion consistent with Caltrans Standards on the 1.5 South corridor from the State Route 54 (SR-54) interchange to State Route 75 (SR- 75)/Palm Avenue (the "1-5 South Corridor") (hereinafter, the "Plan). Local funding sources may include fair share contributions by private development based on nexus as well as other mechanisms. The Plan required by this mitigation shall include the following: ' I) The responsible entities (the "Entities") included in this effort will include, but may not be limited to the City, the Port, SANDAG, and Caltrans. Other entities may be included upon the concurrence of the foregoing Entities. 21 Time Frame of Mitigation To coincide with multi- year planning effort that began June 2005, is ongoing and scheduled to conclude in three to five years. City ofChula Vista (CCV), in cooperation with other jurisdictions. ~ ~ CJJ {'- URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures . #59: J Street at 1-5 NB Ramp (LOS F - AM Peak, LOS E - PM Peak); . #63: Bay Boulevard at 1-5 SB Ramp (LOS F - AM and PM Peak); and . #64: Industrial Boulevard at 1-5 NB Ramp (LOS F - PM Peak). The monitoring of traffic as stipulated by Mitigation Measure 5.8.5-1 will assist in establishing the need and timing for transportation improvements, including freeway-related improvements, serving the UCSP area. In addition, Mitigation Measure 5.8.5-3 requires subsequent development projects to prepare a traffic assessment to quantifY the project's potential traffic impacts. Subsequent projects will also be required to contribute their fair share to the Tiered Improvements listed above under Mitigation 5.8.5.1. 2) The Plan will specifically identifY physical and operational improvements to 1-5, relevant arterial roads and transit facilities (the "Improvements"), that are focused o~ specific transportation impacts and will also identifY the fair share responsibilities of each Entity for the construction and financing for each Improvement. The Plan may also identifY other improvements necessary to address regional transportation needs, but for purposes of this mitigation measure, the Improvements included in the Plan need only be designed to mitigate the impacts created by the Proposed Project. 3) The Plan will set forth a time line and other agreed-upon relevant criteria for implementation of each Improvement. 22 Time Frame of Mitigation Monitoring Reporting Agency ~ I ~ ~ URBAN CORE SPECIFIC PLAN MITIGA nON MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency Mitigation of impacts will require development and regional acceptance of a feasible program to improve freeway segments and ramps in the Urban Core area. The City, along with Caltrans, and SANDAG will continue to pursue aud promote improvement of the 1-5 freeway facilities adjacent to the UCSP area. The concept of promoting/requiring Ufair- share" contributions on the part of developers for improvements to the freeway system will need to be addressed as part of the implementation of an acceptable program to improve freeway segments and ramps. As such, the specification of such requirements cannot be determined at this time. Mitigation Measure 5.8.5-6 was developed to ensure the continued participation in regional transportation planning efforts by the City, Caltrans, SANDAG, and other entities as may be identified. 4) The Plan will identify the total estimated design and construction cost for each Improvement and the responsibility of each Entity for both implementation and funding of such costs. 5) The Plan will include the parameters for any fair-share funding contributions to be implemented, that would require private andlor public developers to contribute to the costs, in a manner that will comply with applicable law. 6) In developing the Plan, the Entities shall also consider ways in which the Improvements can be coordinated with existing local and regional transportation and facilities financing plans and programs, in order to avoid duplication of effort and expenditure; however, the existence of such other plans and programs shall not relieve the Entities of their collective nbligation to develop and implement the Plan as set forth in this mitigation measure. Nothing in the Plan shall be construed as relie'jing any Entity (or any other entity) from its Independent responsibility (if any)' for the implementation of any transportation improvement. 23 ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency The City of Chula Vista shall continue to work with SANDAG and Caltrans on an ongoing basis to identitY sources and obtain funding for a variety of transportation system improvements. Future residential growth in the Urban Core will be subject to the Regional Transportation Congestion Improvement Program, as stipulated by the Transnet legislation and will provide additional funds for improvement of the regional arterial system. 7) The City shall seek adoption of the Plan before the City Council upon the completion of the multi-jurisdictional effort to develop the Plan. The City shall report, to their governing bodies regarding the progress made to develop the Plan within six months of the first meeting of the Entities. Thereafter, the City shall report at least annually regarding the progress of the Plan, for a period of not less than five years, which may be extended at the request of the Citq' Council. 8) The Plan shall also e~pressly include each Entity's pledge that it will cooperate with each other in implementing the Plan. The failure or refusal of any Entity other than the City to cooperate in the implementation of this mitigation measure shall not constitute failure of the City to implement this mitigation measure; however, the City shall use its best efforts to obtain the cooperation of all responsible Entities to fully participate in order to achieve the goals of the mitigation measure. 24 ~ I ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Law Enforcement Future development in accordance with the proposed UCSP would result in a significant impact to law enforcement services because of the anticipated increase in calls for service and the additional travel time required to answer these calls. While the police facility at Fourth Avenue and F Street is sufficient to meet the law enforcement needs created by increased demand resulting from development, more police officers will be needed in order to maintain response times. Significant impacts would result if timing of these provisions does not coincide with projected increase in demand for services and populations growth. Implementation of mitigation measures 5.11-1-1 through 5.11.I-3 would mitigate impacts to the provisions of adequate law enforcement services resulting from the adoption of the UCSP to below a level of significance. Mitigation Measures 5. I 1.I -I: Subsequent development projects shall demonstrate that significant impacts to police services resulting from an individual project are addressed prior to approval of an Urban Core Development permit or other discretionary approval. As part of pn,>ject review, subsequent development projects shall be evaluated for adequate access for police vehicles (pursuant to GPU Policy PFS 6.1) and integration of Crime Prevention Through Environmental Design (CPTED) techniques (pursuant to GPU Policy PFS 6.3). 5. I 1.1-2: As a condition of project approval, individual developers shall pay the public facilities development impact fees (PFDIF) at the rate in effect at the time building permits are issued. 5. I U-3: As part of the annual budgeting process, the City shall assess the need for additional police personnel to provide protection services consistent with established City service levels and commensurate with the increase in population. 25 Time Frame of Mitigation Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. Needs assessed during annual City budget review. Monitoring Reporting Agency City of Chula Vista (CCV) City ofChula Vista (CCV) ~ , 6v ~ URBAN CORE SPECIFIC PLAN MITIGATION'MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency City of Chula Vista (CCV) Fire Protection, The Chula Vista Fire Department does not currently meet the threshold standard for response time for the City, including the UCSP Subdistricts Area. Buildout of the proposed UCSP would increase demand for fire protection services. However, as population growth in the service area warrants, additional fire protection personnel and fire protection equipment and facilities would be provided to help ensure adequate service within the requirements of the GMOC threshold standards. Significant impacts to fire protection services would result if timing of these provisions does not coincide with projected increase in demand for services and population growth. With the implementation of mitigation measures 5.11.2-1 through 5.11.2-3, significant impacts to the provision of fire protection services would be mitigated to less than significant. 5.11.2-1: Prior to approval, subsequent individual development projects in the UCSP shall demonstrate provision of adequate access and water pressure for new buildings. 5.11.2-2: As a condition of project approval, individual developers shall pay the public facilities development impact fees at the rate in effect at the time building permits are issued. 5.11.2-3: As part of the annual budgeting process, the City will assess the need for additional fire personnel to provide protection services consistent with established City service levels and commensurate with the increase in population. 26 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. Needs assessed during annual City budget review. City of Chula Vista (CCV) City ofChula Vista (CCV) ~ I ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency Scllools. The proposed UCSP will result in a three-fold increase in population within the Subdistricts Area at buildout and an associated increase in demand for schools. At buildout, the UCSP is expected to generate a net increase of approximately 3,877 students between elementary, middle school, and high school grades. The generation of approximately 2,485 addi- tional elementary students would have a significant impact on existing elementary schools serving the area because they are already at or near capacity. New students generated by the UCSP would require at least 59 additional elementary school classrooms. However, potentially fewer students may result from UCSP buildout or interim conditions due to the intensified urban environment of the UCSP, with new mid- to high-rise mixed uses likely to be occupied by single or childless young couples, or empty nesters. Therefore, the impacts may be overstated and will be monitored to accurately plan for new student enrollment. 5.11.3-1: Prior to approval, subsequent development projects in the UCSP shall demonstrate that significant impacts to public educatio'1al services resulting from the individual project have been addressed. As a condition of project approval, individual developers shall pay the statutory school impact fees at the rate in effect at the time building permits are issued. 27 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ t URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency City of Chula Vista (CCV) Libraries. Buildout of the UCSP may require additional library space in order to meet and maintain the City criteria of 500 square feet per 1,000 population and 3 books per person for new development. Based on the expected net increase in population of 18,318 with buildout of the UCSP, increased demand on existing library services would amount to approximately 9,159 square feet of library facilities and 54,954 books. Existing library service conditions in the City are inadequate and not in compliance with City standards. Additional library capacity is planned by 2007, however, with the construction of the 30,000-square-foot Rancho Del Rey Library. In the absence of this or other new library construction, any additional demand on library services would comprise a significant impact. The following mitigation measure will mitigate library impacts resulting from the adoption of the UCSP to below a level of significance. 5.11.4-1: Prior to approval, subsequent individual development projects in the UCSP shall demonstrate that significant impacts tp the provision of library services resulting from individual projects have been addressed. As a condition ofproject approval, individual developers shall pay the public facilities development impact fees at the rate in effect at the time building permits are issued. 28 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. ~ cL --/:.... CJJ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency City ofChula Vista (CCV) Parks and Recreation. Implementation of the proposed UCSP would generate increased demand for parks and recreation facilities. Full buildout of the UCSP would be required to provide up to approximately 55 acres of new parkland (incrementally and commensurate with new development) in order to meet the Chula Vista Municipal Code, Park Development Ordinance standard of 3 acres of parkland for every 1,000 people. A significant impact could occur if dedication of parkland and construction of new facilities does not coincide with project implementation and project population growth. Implementation of mitigation measure 5.11.5-1 would reduce impacts to the provisions of park and recreation services and facilities resulting from the adoption of the UCSP to below a level of significance. 5.11.5-1: Prior to approval of an Urban Core Development Permit, each subsequent project shall establish to the satisfaction of the Community Development Director that the project meets the City's parkland dedication requirement. As a condition of project approval, individual developers shall provide required parkland and facilities on-site, if possible and consisten\ with potential site locations identified in Q1e UCSP and Parks Master Plan; or pay the applicable parlj:land acquisition and parkland development fee and recreation facility development impact fees at the rates in effect at the time building permits are issued. 29 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. ~ t1 ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) ! Mitigation Measures Potential Significant Impact Wastewater Treatment Capacity. Based on buildout projections, impacts to the provision of sewer service would be significant. Chula Vista owns capacity in the Metro system, which provides conveyance of City wastewater flows. Increasing population will place additional demand on sewer services. While it is the intent of the City to ensure that services are provided concurrent with need, the provision of sewer services is not solely within its authority. Although the City is in the process of acquiring additional capacity from Metro, that acquisition has not yet been finalized. Based on GPU buildout projections, the City will be generating approximately 26.2 mgd of wastewater citywide by 2030 and would need to acquire additional 6.4 mgd of capacity rights by the year 2030 in order to meet citywide projected demand. Of this total, 1.57 mgd are projected to be generated in western Chula Vista, including a projected generation of 0.88 mgd for the UCSP Subdistricts Area. Time Frame of Mitigation Monitoring Reporting Agency 5.12.2-1: Prior to the approval of subsequent individual development projects, project plans shall demonstrate that there is sufficient wastewater capacity available to serve the proposed project. Conditions of approval may require sewer capacity fees to be contributed to mitigate project-related impacts. 30 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ '& \ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency Energy. Impacts to energy are considered significant because there is no long-term assurance that energy supplies will be available at buildout of the UCSP. A voidance of energy impacts cannot be assured regardless of land use designation or population size. Although changes to planned land uses in the City would continue to implement the Energy Strategy Action Plan, San Diego Regional Energy Plan and Transit First Plan, implementation of the proposed land uses identified in the UCSP has the potential to result in significant impacts to nonrenewable and slowly renewable energy resources as a result of anticipated growth. The environmental sustainability measures ofthe UCSP(Chapter VI, G.) may further serve to reduce energy consumption associated with construction and occupation of structures within the UCSP area. 5.12.4-1: The City shall continue to implement the Energy Strategy Action Plan that addresses demand side management, energy efficient and renewable energy outreach programs for businesses and residents, energy acquisition, power generation, and distributed energy resources and legislative actions, and continue to implement the CO, Reduction Plan to lessen the impacts on energy. While implementation of the above mitigation measure reduces energy related impacts, because there is no assurance that energy resources will be available to adequately serve the projected increase in population resulting from adoption of the UCSP, the impact remains significant. Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City ofChula Vista (CCV) 31 ATTACHMENT q RESOLUTION PCM 07-01 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL ADOPT THE URBAN CORE SPECIFIC PLAN (pCM NO.07-01) AND RELATED REZONING ACTIONS WHEREAS, on December 13,2005 an update to the City's General Plan was approved which provides a contempOlary vision for the Urban Core, the tIaditional dewntown of the City The General Plan Vision for the Urban Cere of the City states that the Urban Cere will centain the greatest diversity of public, commer'cial, civic, financial, cultmal, and residential uses emphasizing its role as the hub of the City; and WHEREAS, the General Plan Visien fer the tIaditional residential neighborheods that sUHound the Urban Core states that the attIactiveness ofliving in these areas will be enhanced by the Urban Core's diversity in character and mchitectural style and enhanced access to facilities and services; and WHEREAS, the Land Use and Transpertation Element of the General Plan calls fer the Urban Cere Specific Plan (UCSP), 01 'Other zening regulatiens to implement the new land uses, in pmticulm' mixed use and mban core residential zening districts, to ensure the systematic implementation 'Of the 2005 General Plan; and WHEREAS, the UCSP will serve as the specific plan te direct and guide the develepmel!L. of the Urban Cere, including the D'Ownt'Own and surrounding m'eas, t'Owmds this g'OaI by directly regulating land use and establishing a focused devel'Opment scheme and process fer the area; and WHEREAS, Chula Vista Municipal Cede Secti'On 1907 010 ad'Opt~ by reference Secti'Ons 65450 tluough 65457 'Of the California G'Overnment Cede that auth'Orizes the l'Ocal legislative b'Ody t'O initiate the prepmati'On 'Of a specific plan to implement the policies 'Of a general plan; and WHEREAS, the requirement to have zoning c'Onsistent with the City's General Plan is established in CVMC Secti'On 19,06 030 and CalifOlnia Government Cede 65860, The UCSP is the first in a series of significant zoning decuments that me anticipated to implement the visi'On established by the 2005 General Plan; and WHEREAS, 'On May 27, 2003, the City Ceuncil approved Res'Oluti'On N'O. 2003-236 te initiate the preparatien 'Of the UCSP; and WHEREAS, in January 2004 the consulting fum of RRM Design Group was retained to assist staff in the prepmati'On 'Of the UCSP; and WHEREAS, 'On August 3, 2004 the City Council appointed an 18 member Advisory C'Ommittee te w'Ork with the City's staff' and c'Onsultant team and the cemmunity in devel'Oping s'Ome 'Of the maj'Or cemponents 'Of the UCSP, and the UCSP Advisory C'Ommittee held it's fust =<-3~~ Planning Commission Resolution No. PCM 07-01 Page 2 meeting as a two day event on August 13 and 14,2004 to begin pIepaIation of the waft UCSP; and WHEREAS, in Septembel 2004, a community wOIkshop was held to gatheI public input on mattels related to the preparation of the draft UCSP; and WHEREAS, based on input from Committee membels and the public at these meetings, draft "Vision Plans" were created to set the flamewolk for developing the UCSP; and WHEREAS, the waft Vision Plans wele presented to the UCSP AdvisOlY Committee followed by presentation to a joint City CouncilJPlanning Commission wOlkshop on November 17, 2004, and a second community wOlkshop. Based on the positive reaction to the Vision Plans the staff and consultant team began developing major components of the UCSP; and WHEREAS, monthly meetings of the UCSP AdvisOlY Committee were held from JanuaIY through June 2005.. These well attended meetings held with the UCSP AdvisolY Committee plOvided direction on significant planning issues such as new pelmitted land uses, development standards, design guidelines, and gateway design elements; and WHEREAS, in September 2005, the Genelal Plan Draft EIR was leleased fOI public review, followed by public heatings and approval of the Genelal Plan on December 13, 2005; and WHEREAS, following the adoption of the General Plan in December 2005, a preliminaIY "Public Review Draft" UCSP was presented to the Advisory Committee in MaIch 2006. In addition, a third community workshop, jointly sponsored by the NOIthwest Civic Association and Crossroads II, was held to provide the community with an ovexview of the UCSP and gamel additional PleliminaIY input on the waft UCSP. Feedback from both of these events was considered and incOlporated, as detelmined appropdate by staff and the consultant team, into a "Public Review" Draft UCSP; and WHEREAS, the UCSP has been prepared pUlsuant to the autholity gtanted in the ChuIa Vista Municipal Code Section 19..07, Specific Plans, and the Califomia Govexnment Code, Title 7, Division 1, Chapter 3, AtticIe 8, Sections 65450 through 65457 and contains all the mandatOlY elements identified in Govemment Code Section 65451; and WHEREAS, Chapters V, IX, X, XI and Appendix D of the UCSP provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development; and WHEREAS, the UCSP Environmental Impact RepOlt 06-01 has been prepared as a Progtam EIR and includes an evaluation of the gtowth management quality of life thresholds at a progx'anrmatic level. The Final EIR Mitigation Monitoring and Reporting Progtam (MMRP) provides a summary of the impacts analysis and/or mitigation measUles that address provision of public services and facilities and requires subsequent development projects to contribute to the of-3~1 Planning Commission Resolution No, PCM 07-01 Page 3 provision of public services and facilities commensurate with their impact as development occurs over the course of the next 20 years; and WHEREAS, during the public review period for the DEIR, information sessions/workshops were held with the Design Review Committee, Planning Commission, and Chula Vista Redevelopment Corporation to provide an overview of the UCSP to these advisory bodies in preparation offutwe public hearings; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing for Draft EIR 06-01 on July 13,2006, to close the public review period, and following the close of the public hearing, the public review period ended on July 13 2006; and WHEREAS, a Public Hearing Draft UCSP (pCM 07-10) has been prepared and incorporates revisions to the Public Review Draft UCSP, as described in the Public Hearing Draft "Errata" based on public input and minor revisions to correct information; and WHEREAS, the Community Development Director set the time and place for a hearing on said UCSP for October 11, 2006 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 October 11, 2006 at 6:00 p.,ffi in the City C-eilllcil Chambers, 276 Fourth Avenue, before the Planning Commission and after receiving public testimony said hearing was continued to a date to be determined pending the November 2006 election outcome regarding Proposition 90; and WHEREAS, the Community Development Director set the time and place for a subsequent hearing on said UCSP for March 28, 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 March 28,2007 at 6:00 p,m.. in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the Public Hearing Draft UCSP, DEIR and FEIR. NOW, THEREFORE, BE IT RESOLVED THAI THE PLANNING COMMISSION of the City of Chula Vista, having independently reviewed and considered the information in the Public Hearing Draft UCSP (PCM 07-01), Draft and Final EIR No 06-01 and all reports, evidence and testimony presented at the public hearing recommends that the City Council of the City of Chula Vista find, determine, resolve and order' that the UCSP has been prepared pursuant to Chula Vista Municipal Code Chapter's 1907 and Government Code Sections 65450-65457; and C:Z-3i9 Planning Commission Resolution No PCM 07.01 Page 4 BE II FURTHER RESOLVED THAI THE PLANNING COMMISSION of the City of Chula Vista, having leviewed and considered the information in the Public Hellling Draft UCSP (PCM 07.01) recommends that the City Council of the City of ChuIa Vista find, detelInine, resolve and order that pmsuant to Government Code Section 65854 - 65855 the UCSP is consistent with the2005 Genelal Plan as supported by the Public Hellling Dlaft UCSP (PCM 07- 01), Final EIR (No 06-01) and analysis including attachments to the stafI'Iepolt to the Planning Commission for the October 11, 2006 and Milich 28, 2007 and is suppOlted by public necessity, convenience, genelal welfllle, and good zoning Plactice; and BE II FURTHER RESOLVED THAT THE PLANNING COMMISSION of the City of Chula Vista, having reviewed and considered the information in the Public Hellling Draft UCSP (PCM 07-01), Dlaft and Final EIR No.. 06-01 and allrepolts, evidence and testimony presented at the public healing recommends that the City Council of the City of Chula Vista fmd, determine, resolve and order that the UCSP is in keeping with Chula Vista Municipal Code Chapter 19.80, as it lequires subsequent new development to provide adequate public selvices and facilities commensUIate with their impact; and - - BE II FURTHER RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt an ordinance llInending the zoning map and approving Public Hellling Dlaft UCSP (PCM 07-01) with all llInendments including the additional recommendations made at the Planning Commission public hellling on Milich 28, 2007 specifiellHy to: 1) apply the alternative residential Plllking standllld, for subdistricts other than those designated as Tlansit Focus Areas, that is based on the number ofbedIooms (Le. 1 parking space for studios and one bedIoom units and 2 pmking spaces fOl two+ bedI.oom units) rather than a uniform parking standaId of 1.5 parking spaces per unit; and 2) add two pm.cels located at 311-325 G Street to the V.3 West Village subdistrict The zoning legulations contained in the Public Hearing Dlaft UCSP (pCM 07-01), specifically Chapter VI, will replace existing Municipal Code zoning classifications for the plOpelties within the UCSP Subdistricts Area (Attachment I) and will intr.oduce new zoning classifications for mixed-use (retail/office), mixed-use with residential, and urban core residential (high-density lesidential) as identified by the 2005 Genelal Plan and provide consistency between the 2005 General Plan and zoning as required by CYMC 19..06..030 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 28th day of March, 2007 by the following vote, to-wit: AYES: Felber, T lipp, Spethman, Vinson, Clayton NOES: ABSENT: ABSTAIN: Moctezuma, Bensoussan ATTEST: 6/ -31 r Planning Commission Resolution No. PCM 07-01 Page 5 .. Diana Vargas Secn:talY to the Panning Commission cJ- 3s-0 a RESOLUTION NO. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 06-01) FOR THE URBAN CORE SPECIFIC PLAN AND RELATED ACTIONS; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE. CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND RECOMMENDING THAT THE CITY COUNCIL CERTIFY EIR-06-01; AND RECOMMENDING THAT THE CITY COUNCIL ADOPT THE URBAN CORE SPECIFIC PLAN (PCM 07-01) WHEREAS, on December 13, 2005 an update to the City's General Plan was approved which provides a contemporary vision for the Urban Core, the traditional downtown of the City. The General Plan Vision for the Urban Core of the City states that the Urban Core will contain the greatest diversity of public, commercial, civic, financial, cultural, and residential uses emphasizing its role as the hub of the City; and WHEREAS, the General Plan Vision for the traditional residential neighborhoods that surround the Urban Core states that the attractiveness of living in these areas will be enhanced by the Urban Core's diversity in character and architectural style and enhanced access to facilities and services; and WHEREAS, the Land Use and Transportation Element of the General Plan calls for the Urban Core Specific Plan (UCSP), or other zoning regulations to implement the new land uses, in particular mixed use and urban core residential zoning districts, to ensure the systematic implementation of the 2005 General Plan; and WHEREAS, the UCSP will serve as the specific plan to direct and guide the development of the Urban Core, including the Downtown and surrounding areas, towards this goal by directly regulating land use and establishing a focused development scheme and process for the area; and WHEREAS, Chula Vista Municipal Code Section 19.07.010 adopts by reference Sections 65450 through 65457 of the California Government Code that authorizes the local legislative body to initiate the preparation of a specific plan to implement the policies of a general plan; and WHEREAS, the requirement to have zoning consistent with the City's General Plan is established in CVMC Section 19.06.030 and California Government Code 65860. The UCSP is the first in a series of significant zoning documents that are anticipated to implement the vision established by the 2005 General Plan; and WHEREAS, on May 27, 2003, the City Council approved Resolution No. 2003-236 to initiate the preparation of the UCSP; and ~t0J WHEREAS, in January 2004 the consulting firm of RRM Design Group was retained to assist staff in the preparation of the UCSP; and WHEREAS, on August 3, 2004 the City Council appointed an 18 member Advisory Committee to work with the City's staff and consultant team and the community in developing some of the major components of the UCSP, and the UCSP Advisory Committee held it's first meeting as a two day event on August 13 and 14, 2004 to begin preparation of the draft UCSP; and WHEREAS, in September 2004, a community workshop was held to gather public input on matters related to the preparation of the draft UCSP; and WHEREAS, based on input from Committee members and the public at these meetings, draft "Vision Plans" were created to set the framework for developing the UCSP; and WHEREAS, the draft Vision Plans were presented to the UCSP Advisory Committee followed by presentation to a joint City Council/Planning Commission workshop on November 17, 2004, and a second community workshop. Based on the positive reaction to the Vision Plans the staff and consultant team began developing major components of the UCSP; and WHEREAS, monthly meetings of the UCSP Advisory Committee were held from January through June 2005. These well attended meetings held with the UCSP Advisory Committee provided direction on significant planning issues such as new permitted land uses, development standards, design guidelines, and gateway design elements; and WHEREAS, in September 2005, the General Plan Draft EIR was released for public review, followed by public hearings and approval of the General Plan on December 13, 2005; and WHEREAS, following the adoption of the General Plan in December 2005, a preliminary "Public Review Draft" UCSP was presented to the Advisory Committee in March 2006. In addition, a third community workshop, jointly sponsored by the Northwest Civic Association and Crossroads II, was held to provide the community with an overview of the UCSP and garner additional preliminary input on the draft UCSP. Feedback from both of these events was considered and incorporated, as determined appropriate by staff and the consultant team, into a "Public Review" Draft UCSP; and the Draft EIR was prepared for a 45 day public review period; and WHEREAS, the UCSP has been prepared pursuant to the authority granted in the Chula Vista Municipal Code Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451; and WHEREAS, Chapters V, IX, X, XI and Appendix D of the UCSP provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development; and ~Cl-J-, WHEREAS, the UCSP Environmental Impact Report 06-01 has been prepared as a Program EIR and includes an evaluation of the growth management quality of life thresholds at a programmatic level. The Final EIR Mitigation Monitoring and Reporting Program (MMRP) provides a summary of the impacts analysis and/or mitigation measures that address provision of public services and facilities and requires subsequent development projects to contribute to the provision of public services and facilities commensurate with their impact as development occurs over the course of the next 20 years; and WHEREAS, a Draft EIR 06-01 for the Urban Core Specific Plan was issued for public review on May 31,2006, and was processed through the State Clearinghouse; and WHEREAS, during the public review period for the DEIR, information sessions/workshops were held with the Design Review Committee, Planning Commission, and Chula Vista Redevelopment Corporation to provide an overview of the UCSP to these advisory bodies in preparation of future public hearings; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing for Draft EIR 06-01 on July 13, 2006, to close the public review period, and following the close of the public hearing, the public review period ended on July 13 2006; and WHEREAS, a Public Hearing Draft UCSP (PCM 07-10) has been prepared and incorporates revisions to the Public Review Draft UCSP, as described in the Public Hearing Draft "Errata" based on public input and minor revisions to correct information; and WHEREAS, a Final Environmental Impact Report (FEIR 06-01) has been prepared on the Urban Core Specific Plan in accordance with the California Environmental Quality Act; and WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the Project, dated September 2006 (Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk), conclude that proposed mitigation measures outlined in Final EIR 06-01 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself to implement those measures. These findings are not merely information or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program, Exhibit "B" of this Resolution, a copy of which is on file in the office of the City Clerk, are expressed as conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Urban Core Specific Plan; and WHEREAS, on October 11, 2006 and March 28, 2007 hearings were held at the time and place as advertised before the Planning Commission. Based on input received at these hearings, additional minor modifications were recommended to the Public Hearing Draft UCSP. These modifications were reviewed, in the context of the FEIR, and it was determined that the recommended changes Would not affect the impact analysis or significance conclusions of the FEIR; and WHEREAS, the Community Development Director set the time and place for a hearing on said UCSP for April 26, 2007 and notice of said hearing, together with its purpose, was :Z~3 given pursuant to California Government Code 65091 and 65092 at least ten days prior to the hearing. WHEREAS, the hearing was held at the time and place as advertised, namely on April 26, 2007 at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Chula Vista Redevelopment Corporation and after receiving public testimony 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 Public Hearing Draft UCSP, DEIR and FEIR. NOW, THEREFORE, BE IT RESOLVED THAT THE CHULA VISTA REDEVELOPMENT CORPORATION of the City of Chula Vista, having reviewed and considered the information in the Final EIR, does hereby certify Final EIR-06-01 and recommend that the City Council of the City of Chula Vista find, determine, resolve and order as follows: I. CHULA VISTA REDEVELOPMENT CORPORATION RECORD The proceedings and all evidence introduced before the Chula Vista Redevelopment Corporation at their public hearing on Draft EIR-06-1 held on July 13, 2006, the minutes and resolutions resulting from the Chula Vista Redevelopment Corporation meetings of July 13, 2006, the minutes and resolutions resulting from the Chula Vista Redevelopment Corporation meeting of April 26, 2007, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, including all documents specified in Public Resources Code Section 21167.6, subdivision(e(1)- (11)), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code 921000 et seq.). Pursuant to CEQA Guidelines section 15091(e), the City of Chula Vista specifies the Environmental Review Coordinator of the City and the City Clerk as the custodians of the documents which constitute the records of proceedings. II. FEIR 06-01 CONTENTS That the FEIR 06-01 consists of the following: 1. Final EIR for the City of Chula Vista Urban Core Specific Plan (including all technical appendices); and 2. Comments on the Draft EIR and the Lead Agency's Responses to Comments; and 3. Errata (All hereafter collectively referred to as "FEIR 06-01") ~{V1 III. ACCOMPANYING DOCUMENTS TO FEIR 06-01 Mitigation Monitoring and Reporting Program; and Findings of Fact and Statement of Overriding Considerations IV. CERTIFICATION OF COMPLIANCE ENVIRONMENTAL QUALITY ACT WITH CALIFORNIA The Chula Vista Redevelopment Corporation does hereby find that FEIR 06-01, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, a copy which is on file with the office of the City Clerk) have been prepared in accordance with the requirement of CEQA (Pub. Resources Code, S21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 S15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF CHULA VISTA REDEVELOPMENT CORPORATION The Chula Vista Redevelopment Corporation finds that the FEIR 06-01 reflects the independent judgment and analysis of the City of Chula Vista. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The Chula Vista Redevelopment Corporation does hereby approve, accepts as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk. B. Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 06-01 and in the Findings of Fact for this Project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the Chula Vista Redevelopment Corporation hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described and specifically identified in the above referenced documents are feasible and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. C. Infeasibility of Alternatives and Selected Mitigation Measures As more fully identified and set forth in FEIR 06-01 and in the Findings of Fact, Section XIII, for the Project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the Chula Vista Redevelopment }ZiJv6 Corporation hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project which were identified in FEIR-06-01, and selected mitigation measures, are determined to be infeasible based on specific economic, legal, social, technological or other considerations. Section XIII identifies the factual basis for this conclusion, which includes but is not limited to the determination that project alternatives and selected mitigation measures do not reduce impacts to a less than significant level or meet several project objectives. D. Statement of Overriding Considerations Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the Project, or cumulatively, will remain. Therefore, the Chula Vista Redevelopment Corporation of the City of Chula Vista hereby issues and approves, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit uA," a copy of which is on file in the office of the City Clerk, identifying the specific economic, legal, social, technological and other considerations that render the unavoidable significant adverse environmental effects acceptable. E. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the Chula Vista Redevelopment Corporation hereby adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit "B" of this Resolution, a copy of which is on file in the office of the City Clerk. The Chula Vista Redevelopment Corporation further finds that the Program is designed to ensure that, during project implementation, the City and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. VII. NOTICE OF DETERMINATION The Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(e)(1)-(11), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act (UCEQA") (Public Resources Code 921000 et seq.). BE IT FURTHER RESOLVED THAT THE CHULA VISTA REDEVELOPMENT CORPORATION, having considered the information contained in the Final EIR, certifies EIR- 06-01 and recommends to the City Council that FEIR-06-01, the Findings of Fact and Statement of Overriding Considerations (Exhibit uA" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit UB" to this Resolution, a copy which is on file with the office of the City Clerk) have been ~~4, prepared in accordance with the requirement of CEQA (Pub. Resources Code, S21000 et seq.), CEQA Guidelines (California Code Regs. Title 14 S15000 et seq.),. and the Environmental Review Procedures of the City of Chula Vista and, therefore, should be ce rtifred. BE IT FURTHER RESOLVED THAT THE CHULA VISTA REDEVELOPMENT CORPORATION of the City of Chula Vista, having independently reviewed and considered the information in the Public Hearing Draft UCSP (PCM 07-01), Draft and Final EIR No. 06-01 and all reports, evidence and testimony presented at the public hearing recommends that the City Council of the City of Chula Vista find, determine, resolve and order that the UCSP has been prepared pursuant to Chula Vista Municipal Code Chapter's 19.07 and Government Code Sections 65450-65457; and BE IT FURTHER RESOLVED THAT THE CHULA VISTA REDEVELOPMENT CORPORATION of the City of Chula Vista, having reviewed and considered the information in the Public Hearing Draft UCSP (PCM 07-01) recommends that the City Council of the City of Chula Vista find, determine, resolve and order that the pursuant to Government Code Section 65854 - 65855 that the UCSP is consistent with the 2005 General Plan as supported by the Public Hearing Draft UCSP (PCM 07-01), Final EIR (No.06-01) and analysis including attachments to the agenda statement to the City of Chula Vista Chula Vista Redevelopment Corporation, Redevelopment Agency and City Council dated April 26, 2007 and is supported by public necessity, convenience, general welfare, and good zoning practice; and BE IT FURTHER RESOLVED THAT THE CHULA VISTA REDEVELOPMENT CORPORATION of the City of Chula Vista, having reviewed and considered the information in the Public Hearing Draft UCSP (PCM 07-01), Draft and Final EIR No. 06-01 and all reports, evidence and testimony presented at the public hearing recommends that the City Council of the City of Chula Vista find, determine, resolve and order that the UCSP is in keeping with Chula Vista Municipal Code Chapter 19.80, as it requires subsequent new development to provide adequate public services and facilities commensurate with their impact; and BE IT FURTHER RESOLVED THAT THE CHULA VISTA REDEVELOPMENT CORPORATION of the City of Chula Vista does hereby recommend that the City Council adopt an ordinance amending the zoning map and approving Public Hearing Draft UCSP (PCM 07-01) with all amendments including the additional recommendations made at the Planning Commission public hearing on March 28, 2007. The zoning regulations contained in the Public Hearing Draft UCSP (PCM 07-01), specifically Chapter VI, will replace existing Municipal Code zoning classifications for the properties within the UCSP Subdistricts Area (Attachment 1) and will introduce new zoning classifications for mixed-use (retail/office), mixed-use with residential, and urban core residential (high-density residential) as identified by the 2005 General Plan and provide consistency between the 2005 General Plan and zoning as required by CVMC 19.06.030. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE CHULA VISTA REDEVELOPMENT CORPORATION OF THE CITY OF CHULA VISTA, CALIFORNIA, this April 26,2007 by the following vote, to-wit: A~1 AYES: NOES: ABSENT: ABSTENTIONS: Ann B. Hix, Secretary ~tL-f Cheryl Cox, Chair EXHIBIT A :za--9 Final CEQA Findings of Fact and Statement of Overriding Considerations for the City of Chula Vista Urban Core Specific Plan Environmental Impact Report ErR #06-01 SCH #2005081121 Lead Agency City ofChula Vista City Council 276 Fourth Avenue Chula Vista, CA 91910 December 2006 j tJ..; )1) TABLE OF CONTENTS 1.0 In trod u cti 0 n .................. .:....... .......... .... .................... ....... ............. ..... ..... 1 1.1 Project Summary .............................................................................................1 1.2 Findings Required Under CEQA...................................................................4 1.3 Record of Proceedings .....................................................................................6 2.0 Findings on Significant Project Impacts......................................................... 8 2.1 Landform Alteration/Aesthetics .....................................................................8 2.2 Cu ltural Reso urces................ ........... .................. ..... ........................ ..... ..........11 2.3 Geology and Soils ...........................................................................................16 2.4 Paleontological Resources .............................................................................17 2.5 Hydrology and Water Quality ......................................................................20 2.6 Traffic, Circulation .and Access ....................................................................22 2.7 Noise. .............................................................................................................30 2.8 Air Quality ......................................................................................................34 2.9 Pu blic Services... ...... .......... .......................... ................................. ..................38 2.10 Public Utilities ...............................................................................................44 2.11 Hazards/Risk of Upset ...................................................................................46 3.0 Findings on Significant Cumulative Impacts ............................................. 47 3.1 Cultural Reso urces. ................. ........... .................... ........... ......... .............. ......48 3.2 Traffic, Circulation and Access ..................................................................49 3.3 Air Quality ......................................................................................................50 3.4 Energy ............................................................................................................50 4.0 Findings on Feasibility of Project Alternatives Considered in tbe FEIR .. ... ..... ......... .... ... ... ............ ........ ............ ...... ... ...... .... ... ..... ..51 4.1 No Project Alternative...................................................................................54 4.2 Reduced Project Alternative.........................................................................56 4.3 Automobile Priority Alternative...................................................................58 5.0 Project Effects Found Not to be Significant................................................ 61 6.0 Statement of Overriding Considerations...................................................... 63 6.1 Significant Unavoidable Adverse Impacts...................................................63 d-tL)J 1 6.2 Considerations in Support of Overriding Considerations 63 1. Introduction This document presents fmdings that must be made by the City of Chula Vista prior to approval of the Urban Core Specific Plan, pursuant to Sections 15091 and 15093 of the California Environmental Quality Act (CEQA) Guidelines and Section 21081 of the Public Resources Code. Under CEQA, the Lead Agency (City of Chula Vista) is required to make written findings concerning each significant environmental impact identified in the Final Environmental Impact Report (FEIR). The FEIR prepared for the Chula Vista Urban Core Specific Plan assessed the environmental impacts of all the discretionary actions related to the adoption of the Urban Core Specific Plan. In addition, the FEIR evaluated three CEQA alternatives to the proposed project: the No Project Alternative, the Reduced Project Alternative, and the Automobile Priority Alternative. The FEIR constitutes a Program EIR under the provisions of Section 15168 of the State CEQA Guidelines. A Program EIR allows for review of a series of contemplated actions. The City of Chula Vista and other agencies will be able to use information presented in the Program FEIR to determine if additional environmental review is required for subsequent actions linked to the project. The Program FEIR for the UCSP was prepared in accordance with the California Environmental Quality Act (CEQA) of 1970 as amended and the guidelines of the City ofChula Vista. Having received, reviewed and considered the Final Environmental Impact Report for the Urban Core Specific Plan, as well as other information in the record of proceedings on this matter, the following Findings and Statement of Overriding Considerations (Findings) are hereby adopted by the City of Chula Vista (City) in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the Urban Core Specific Plan. 1.1 Project Summary The proposed project is the Urban Core Specific Plan (UCSP) which is intended to govern the development and revitalization of the urban core of the City of Chula Vista. The proposed UCSP was prepared in accordance with the Chula Vista Municipal Code (Section 19.07, Specific Plans) and the California Government Code (Title 7, Division I, Chapter 3, Article 8, Sections 65450 through 65457), and contains chapters pertaining to Mobility Recommendations, Land Use and Development Regulations (zoning), Development Design Guidelines, Public Realm Design Guidelines, Infrastructure and Public Facilities, a Community Benefits Program, and Plan Implementation. Additional chapters include information pertaining to the UCSP's background, vision, and existing conditions. :I. to )~ 2 The proposed UCSP refmes and implements the VISIOn for downtown Chula Vista expressed in the City's General Plan Update (GPU, 2005). The proposed UCSP fulfills the role of providing detailed neighborhood-specific land use and development regulations (zoning), development design guidelines, and numerous other mobility and public realm guidelines, incentives and programs to revitalize the urban core in accord with the general goals stated in the GPU. The UCSP additionally serves as the basis for a variety of other actions, such as parkland acquisitions and transportation improvements. Under the proposed UCSP, downtown Chula Vista at buildout would consist of an integrated and connected network of three distinct neighborhoods and districts: the Village, Urban Core and Corridors. (For planning purposes each of these three districts are divided into a total of 26 subdistricts). Each district would contain a mix of primarily low- to mid-rise (45 to 84 feet in height) high-density commercial, office, and residential uses and various public amenities such as improved pedestrian streetscapes, bicycle and transit facilities, public art, and parks, plazas and paseos. Two high-rise (up to 210 feet in height) Transit Focus Areas would be permitted in the areas surrounding the existing E and H Street trolley stations. The new zoning, development standards, and design guidelines proposed in the UCSP apply only to the 690-gross-acre UCSP Subdistricts Area. (The UCSP Subdistricts Area lies within the larger 1700-acre UCSP study area. The existing stable residential neighborhoods within the study area, outside of the Subdistricts Area, are exempt from the regulatory provisions of the proposed UCSP.) The proposed UCSP regulatory provisions would allow an ultimate buildout of 7,100 net new residential units over the existing 3,700 for a total of up to 10,800 dwelling units in the Subdistricts Area by year 2030. Commercial retail square footage would increase by up to I million square feet over the existing 3 million square feet for a total of up to 4 million square feet by 2030. Commercial office space would increase by up to 1.3 million square feet over the existing 2.4 million square feet for a total of up to 3.7 million square feet by 2030. In addition, up to 1.3 million square feet of new commercial visitor-serving uses would be allowed in the Subdistricts Area by 2030.. This intensification of land use in the Subdistricts Area is plarmed to accommodate GPU-projected resident and employment populations. Discretionary Actions The UCSP land use regulations would supersede existing Municipal Code Zoning as well as the existing land use guidelines of the redevelopment plan areas that overlap the UCSP Subdistricts Area. The specific discretionary actions to be considered by the Chula Vista City Council associated with adoption of the Urban Core Specific Plan are identified below. J\ rL )3 3 DISCRETIONARY ACTIONS REQUIRED FOR UCSP ADOPTION IMPLEMENTATION AND Action Urban Core Specific Plan Adoption Urban Core Specific Plan Final EIR Certification Town Centre Redevelopment Amendments Town Centre I Land Use Policy Repeal Town Centre I Design Manual Repeal Agency City of Chula Vista City Council City of Chula Vista City Council I Plan City of Chula Vista City Council! Redevelopment Agency City of Chula Vista City Council! Redevelopment Agency City of Chula Vista City Council! Redevelopment Agency Purpose To implement the objectives and policies of the recently updated Chula Vista General Plan To comply with State-required environmental review of the proposed Urban Core Specific Plan To delete existing land use regulations and instead defer to the land use development and design provisions of the Urban Core Specific Plan To defer regulation of permitted land uses within the Chula Vista urban core to the Urban Core Specific Plan Land Use Matrix To defer the guidelines for design of development within the Chula Vista urban core to the Development Design Guidelines of the Urban Core Specific Plan Project Objectives The Urban Core Specific Plan follows the direction provided in the City's General Plan Update by establishing a more detailed vision, regulations, and guidelines for future development and beautification of the traditional downtown area. The following .are the primary objectives of the Urban Core Specific Plan: . Create the tools necessary to implement the General Plan Update's vision for the urban core through preparation of a comprehensive set of new zoning classifications and updated development regulations and standards for mixed-use developments. . Develop updated design guidelines unique to the individual districts in the urban core that implement the urban form and create the active urban environment envisioned by the General Plan Update. . Establish a Plan implementation program for the provision of community benefits such as public infrastructure, mobility improvements, and urban amenities that enhance the quality of life for the community. . Facilitate revitalization of the downtown and surrounding commercial and residential areas by increasing certainty and predictability for all stakeholders that assures quality outcomes and streamline the development entitlement process. c::< rJ- ) f 4 1.2 Findings Required Under CEQA Public Resources Code section 21002 provides in relevant part, that "it is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]" (Emphasis added.) The same statute states that the procedures required by CEQA "are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects." (Emphasis added.) Section 21002 goes on to state that "in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof." The mandate and principles announced in Public Resources Code section 21002 are implemented, in part, through the requirement that agencies must adopt findings before approving projects for which ErRs are required. (See Pub. Resources Code, section 21081, subd. (a); CEQA Guidelines, section 15091, subd. (a).) For each significant environmental effect identified in an ErR for a proposed project, the approving agency must issue a written finding reaching one or more of three permissible conclusions, together with a brief of the rationale for each finding. . The first such finding is that "[ c ]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final ErR." (CEQA Guidelines, section 15091, subd. (a)(I).) . The second permissible finding is that "[ s ]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency." (CEQA Guidelines, section 15091, subd. (a)(2).) . The third potential finding is that "[ s ]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR." (CEQA Guidelines, section 15091, subd. (a)(3).) Public Resources Code section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations. (See also Citizens of Goleta Valley v. Board of Supervisors ("Goleta II") (1990) 52 Cal.3d 553, 565 [276 Cal.Rptr. 410].) The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417 [183 Cal.Rptr. 898].) '''[F]easibility' under CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, ,ArL- /6 5 environmental, social, and technological factors." (Ibid.; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715 [29 Cal.Rptr.2d 182].) The CEQA Guidelines do not defme the difference between "avoiding" a significant environmental effect and merely "substantially lessening" such an effect. The City must therefore glean the meaning of these terms from the other contexts in which the terms are used. Public Resources Code section 21081, on which CEQA Guidelines section 15091 is based, uses the term "mitigate" rather than "substantially lessen." The CEQA Guidelines therefore equate "mitigating" with "substantially lessening." Such an understanding of the statutory term is consistent with the policies underlying CEQA, which include the policy that "public agencies should not approve proj ects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects." (Pub. Resources Code, section 21002.) For purposes of these findings, the term "avoid" refers to the effectiveness of one or more mitigation measures to reduce an otherwise significant effect to a less than significant level. In contrast, the term "substantially lessen" refers to the effectiveness of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce that effect to a less than significant level. These interpretations appear to be mandated by the holding in Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.AppJd 515, 519-527 [147 Cal.Rptr. 842], in which the Court of Appeal held that an agency had satisfied its obligation to substantially lessen or avoid significant effects by adopting numerous mitigation measures, not all of which rendered the significant impacts in question (e.g., the "regional traffic problem") less than significant. Although CEQA Guidelines section 15091 requires only that approving agencies specify that a particular significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for purposes of clarity, in each case will specify whether the effect in question has been reduced to a less than significant level, or has simply been substantially lessened but remains significant. Moreover, although section 15091, read literally, does not explicitly require findings to address environmental effects that an EIR identifies as merely "potentially significant," these findings will nevertheless fully account for all such effects identified in the Final EIR. In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to substantially lessen or avoid significant environmental impacts that would otherwise occur. Project modification or alternatives are not required, however, where such changes are infeasible or where the responsibility for modifying the project lies with some other agency. (CEQA Guidelines, section 15091, subd. (a), (b).) With respect to a project for which significant impacts are not avoided or substantially lessened either through the adoption of feasible mitigation measures or a feasible ;;: tL- ) ~ 6 environmentally superior alternative, a public agency, after adopting proper fIndings, may nevertheless approve the project if the agency fIrst adopts a statement of overriding considerations setting forth the specifIc reasons why the agency found that the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects," (CEQA Guidelines, sections 15093, 15043, subd. (b); see also Pub. Resources Code, section 21081, subd. (b).) The California Supreme Court has stated that "[t]he wisdom of approving. . . any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Goleta II, 52 Ca1.3d 553, 576.) Legal Effect of Findings To the extent that these fIndings conclude that proposed mitigation measures outlined in the ErR are feasible and have not been modifIed, superseded or withdrawn, the City of Chula Vista ("City" or "decisionmakers") hereby binds itself and any other responsible parties, require implementation of those measures. These fIndings, in other words, constitute a binding set of obligations that will come into effect when the City adopts the resolution(s) approving the project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the mitigation monitoring reporting program adopted concurrently with these fIndings, and will be effectuated through the process of implementing the project. As required by Public Resources Code section 21081.6, subd. (a)(1), the City of Chula Vista, in adopting these fIndings, also adopts a mitigation monitoring and reporting program (MMRP) as prepared by the environmental consultant under the direction of the City. The program is designed to ensure that during project implementation, the applicant and any other responsible parties comply with the feasible mitigation measures identifIed below. The program is described in the document entitled City of Chula Vista Urban Core SpecifIc Plan Mitigation Monitoring Reporting Program. The MMRP will remain available for public review during the compliance period. 1.3 Record of Proceedings For purposes of CEQA and the fIndings set forth below, the administrative record of the City Council decision on the environmental analysis of this project shall include but not be limited to the following: . The Notice of Preparation and all other public notices issued by the City in conjunction with the project; . The Draft EIR for the project (ErR #06-01), including appendixes and technical reports, as circulated for Public Review on May 30, 2006; j~/1 7 . Comments received from members of the public and public agencies regarding the Draft ErR that was circulated for Public Review on May 30, 2006 and responses thereto; . The Final ErR for the project (EIR #06-01), including appendixes and technical reports, and documents incorporated by reference, and the; . The Mitigation Monitoring and Reporting Program of the project; . All documents and comments and correspondence submitted by members of the public and public agencies in connection with this project, in addition to comments on the ErR for the project; . Minutes and verbatim transcripts of all workshops, public meetings, and public hearings held by the City of Chula Vista, or videotapes where transcripts are not available or adequate, with respect to this project or the ErR for the project; . Any documentary or other evidence submitted at workshops, public meetings, and public hearings for this proj ect; . All findings and resolutions adopted by City decisionmakers in connection with this project, including all resolutions by the Planning Commission and City Council, and all documents cited or referred to therein; . Matters of common knowledge to the City of Chula Vista which the members of the City Council consider regarding this project, including federal, state, and local laws and regulations, and including but not limited to the following: . City of Chula Vista Urban Core Specific Plan, 2006. . Water Supply Assessment for the Urban Core Specific Plan, 2005. . City of Chula Vista General Plan Update ErR, 2005. . City ofChula Vista General Plan Update, 2005. . City of Chula Vista Municipal Code - Zoning, 200 I. . City of Chula Vista Merged Redevelopment Plan, 2004. . City ofChula Vista Town Center r Redevelopment Plan, 1978. Any other materials required for the record of proceedings by Public Resources Code section 21167.6, subdivision (e). The custodian of the documents comprising the record of proceedings is the Clerk to the City Council, whose office is located at 276 Fourth Avenue, Chula Vista, California, 91910. The City Council has relied on all of the documents listed above in reaching its decision on the City of Chula Vista Urban Core Specific Plan, even if not every document was formally presented to the City Councilor City Staff as part of the City files generated in connection with the City of Chula Vista Urban Core Specific Plan. Without exception, any documents set forth above not found in the project files fall into one of two categories. The first category is those documents that reflect prior planning or legislative decisions of which the City Council was aware in approving the City of Chula Vista Urban Core Specific Plan. (See City of Santa Cruz v. Local Agency Formation Commission (1978) 76 Cal.App.3d 381, 391-392 [142 Cal.Rptr. 873]; Dominey v. Department of Personnel Administration (1988) 205 Cal.App.3d 729, 738, fn. 6 [252 Cal.Rptr. 620].) The second category are those documents that influenced the expert advice provided to City Staff or consultants, who then provided advice to the City J.!0 )f 8 Council. For that reason, such documents form part of the underlying factual basis for the City Council's decisions relating to the adoption of City of Chula Vista Urban Core Specific Plan. (See Pub. Resources Code, section 21167.6, subd. (e)(10); Browning- Ferris Industries v. City Council of City of San Jose (1986) 181 Cal.App.3d 852, 866 [226 Cal.Rptr. 575]; Stanislaus Audubon Society, Inc. v. County of Stanislaus (1995) 33 Ca1.App.4th 144, 153, 155 [39 Cal.Rptr.2d 54].) 2.0 Findings on Significant Project Impacts The FEIR identified the following significant environmental impacts that the proposed UCSP would potentially cause: visual quality (aesthetics), cultural resources, geology and soils, paleontological resources, water quality, traffic/circulation, noise, air quality (plan inconsistency and cumulative net increase in pollutants), noise, public services, public utilities (water treatment capacity and energy), and hazards/risk of upset. These significant environmental changes or impacts are discussed in FEIR #06-0 I in Table I-I and in Chapter 5. Some of the impacts can be reduced below a level of significance with the mitigation measures described in the FEIR and below. Certain impacts cannot be substantially lessened or avoided with mitigation; but, as described in the Statement of Overriding Considerations (Section 6.0 of this document), the City Council has determined that the impacts are acceptable because of specific overriding considerations. As summarized in Section 5.0 of this document, potential impacts were evaluated in the FEIR for the following issues and found not to be significant: land use, population and housing, hydrology (groundwater depletion, drainagelflooding), public utilities (water supply, waste management) biology, agriculture, and mineral resources. The FEIR concluded that the proposed UCSP would be growth inducing because it establishes land uses that can accommodate growth. Based on GPU projections, the proposed UCSP would accommodate a population increase of 18,318 and a housing unit increase of up to 7,100 units over existing conditions. The direct and indirect effects of this growth are evaluated in each of the topical issue analyses. By extension, the mitigation measures for the growth-inducing impacts of the UCSP are set forth in each of the topical issue mitigation measures. The findings made below thus address the impacts resulting from growth. The following subsections describe specific impacts as evaluated in accordance with established criteria; the reasons why they are significant; and where applicable, unavoidable; the mitigation measures, and/or why the mitigation measures proved to be infeasible due to specific economic, social, or other considerations. 2.1 Landform Alteration/Aesthetics The Final EIR examined the Project's potential impact on Landform Alteration and Visual Quality in Section 5.2. Criteria of Significance: The proposed project would result in a significant impact to landform alteration/aesthetics if it would: ;l, tL )1 9 . Criterion 1: Have a substantial adverse effect on a scenic vista, or substantially damage scenic resources, including, but not limited to, trees, and rock outcroppings and historic buildings within a scenic highway. . Criterion 2: Result in architecture, urban design, landscaping, or landforms that negatively detract from the prevailing aesthetic character of the site or surrounding area; or that substantially degrade existing visual character or quality of the site (including blue sky views and solar access) and its surroundings. . Criterion 3: Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Impact (Criterion 2): The proposed project will result in architecture, urban design or landscaping that potentially degrades existing visual character or quality of the site (including blue sky views and solar access) and its surroundings. (FEIR Section 5.2.3.2, pages 5-60 - 5-72) The UCSP was determined not to have significant impacts related to scenic vistas or resources in accordance with Criterion I. However, the UCSP was determined to have a potential significant impact resulting from the degradation of the visual character of the Chula Vista urban core as evaluated in accordance with Criterion 2. The UCSP has the potential to impact the visual environment through fundamental changes in land use and/or to components of the landscape that contribute to visual quality. The proposed UCSP allows for substantial intensification of existing land use and resulting urban visual character, through greater building heights and mass, to accommodate the three-fold increase in population projected for the urban core by the year 2030. Redevelopment and new development within the Subdistricts Area as allowed in the UCSP would change the existing visual character from mostly low-rise (up to 48 feet in height) single-use commercial blocks surrounded by multi-family residential blocks, to a mix of low-rise (up to 45 feet in height) and mid-rise (up to 84 feet in height) mixed-use commercial/office and residential blocks, with high-rise structures (up to 210 feet in height) allowed in the areas surrounding the existing E Street and H Street trolley stations. Existing visual character, blue sky views, solar access, ventilation, and glare/lighting conditions would be affected by this intensification in land use. To ensure avoidance of potential visual character impacts, all subsequent development projects in the UCSP Subdistricts Area will be required to comply with relevant UCSP provisions as outlined in Mitigation Measure 5.2.5-1. Mitigation Measure: The following mitigation measure is feasible and is required as a condition of approval and is made binding through these findings. 5.2.5-1: All subsequent development projects in the UCSP Subdistricts Area shall comply with UCSP development regulations and design guidelines which are necessary to reduce or avoid potential impacts to landform alteration and visual quality (including blue sky views, solar access, and ventilation), and which may include but not be limited to the special development regulations for mixed-use projects (p. VI-43), the NTCD and TF A regulations (p' VI-40), and the siting and architectural design guidelines for each district (Chapter VII). Prior to approval of a subsequent development project, the Community Development Director or d. tL.J. () 10 Planning and Building Director of the City shall identify the specific provisions of the UCSP which shall be included in the conditions of approval in order to avoid or to reduce potential impacts to below significance. Significance After Mitigation: Not Significant. Finding: As identified in Section 5.0, Subsection 5.2 of the ErR, pursuant to section 15091 (a) (1) of the CEQA Guidelines, changes or alterations are required in, or are incorporated into, the project that will substantially lessen or avoid the significant effect identified in the EIR to a level below significance. Facts in Support of Finding: The proposed UCSP contains urban development regulations and design guidelines to achieve a high quality pedestrian-scaled environment consistent with policies in the GPU for the urban core. As stated in Mitigation Measure 5.2.5-1, all subsequent development projects in the UCSP Subdistricts Area will be required to comply with the UCSP development regulations (UCSP, Chapter VI) and development design guidelines (UCSP. Chapter VII) and other relevant provisions of the UCSP, as part of the design review process, in order to avoid or reduce potential visual character impacts to a level below significance. The design review process would occur for new development and redevelopment within the UCSP Subdistricts Area to determine their compliance with the objectives and specific requirements of the Plan. Impact (Criterion 3): The proposed project will create a new source of light and glare which will potentially adversely affect light sensitive resources. (FErR Section 5.2.3.3, pages 5-72 - 5-75) As evaluated in accordance with Criterion 3, the proposed UCSP would allow for a substantial intensification of existing land uses through taller building heights and greater building massing. Light sensitive activities (e.g. sleeping) could potentially be adversely impacted by light or glare in excess of baseline conditions due to buildout of the UCSP and intensification of land use. To ensure avoidance of potential light and glare impacts, all subsequent development projects in the UCSP Subdistricts Area will be required to comply with the relevant UCSP provisions outlined in Mitigation Measure 5.2.5-2. Mitigation Measure: The following mitigation measure is feasible and is required as a condition of approval and is made binding through these findings. 5.2.5-2: All subsequent development projects in the UCSP Subdistricts Area shall comply with UCSP development regulations and design guidelines which are necessary to reduce or avoid potential adverse impacts to light or glare and which may include but not be limited to the provisions included in section 5.2.3.3 a through e of this EIR. Prior to approval of a subsequent development project, the Community Development Director or Planning and Building Director of the City shall identify the specific provisions of the UCSP which shall be included in the conditions of approval in order to avoid or to reduce potential light and glare impacts to below significance. ~ ~cJ. / 11 Significance After Mitigation: Not Significant. Finding: As identified in Section 5.0, Subsection 5.2 of tbe FEIR, pursuant to section 15091 (a) (1) of tbe CEQA Guidelines, changes or alterations are required in, or are incorporated into, tbe proj ect tbat will substantially lessen or avoid tbe significant effect identified in tbe EIR to a level below significance. Facts in Support of Finding: Various provisions in the UCSP development regulations and design guidelines (UCSP Chapters VI and VII) serve to control light and glare sources and ensure tbat light pollution and glare would be minimal. For example, the special regulations for mixed-use projects require tbat all mixed-use projects "minimize the effects of any exterior noise, odors, glare, and other potentially significant effects" (UCSP, Chapter VI, Section H, p. VI-44). For each UCSP District, a set of private development and public realm design guidelines (UCSP, Chapter VIII) include lighting requirements to reduce glare, exposure or brightness, angle and deptb of field, and duration. Many lighting sources are encouraged to be timed or motion-sensitized. As stated in Mitigation Measure 5.2.5-2, all subsequent development projects in the UCSP Subdistricts Area will be required to comply witb the UCSP development regulations (UCSP, Chapter VI) and development design guidelines (UCSP. Chapter VII) and other relevant provisions ofthe UCSP, as part of tbe design review process, in order to avoid or reduce potential light and glare impacts to a level below significance. Therefore, the proposed UCSP would not result in a significant impact to the prevailing light and glare conditions of the site or surrounding area. 2.2 Cultural Resources The FEIR examined the UCSP's potential impact on Cultural Resources in Section 5.3. Criteria of Significance: The proposed Urban Core Specific Plan would result in a significant impact to cultural resources if it would: . Criterion I: Cause a substantial adverse change in the significance of a historical architectural resource that is listed on, or determined to be eligible for listing on, the National Register of Historic Places or the California Register of Historic Resources; is listed on or determined to be eligible for listing on the Chula Vista List of Historic Sites; or that meets any oftbe following Criterion: o Is associated witb events tbat have made a significant contribution to tbe broad patterns of history at tbe local, regional, state, or national level; o Is associated with tbe lives of significant persons in tbe past on a local, regional, state, or national level; o Embodies tbe distinctive characteristics of a type, period, or metbod of construction, or represents tbe work of a master, or possesses high artistic values; or o Has yielded, or may be likely to yield, information important in history or prehistory. :< ~J.~ 12 . Criterion 2: Cause a substantial adverse change in the significance of an important archaeological resource or disturb any human remains, including those interred outside of formal cemeteries. Impact (Criterion 1): The proposed project will cause a substantial adverse change in the significance of a historical architectural resource. (FEIR Section 5.3.3.1, pages 5-95 - 5-99) As evaluated pursuant to Criterion 1, future development in accordance with the UCSP could have a significant impact on historic architectural resources through demolition or substantial alteration of identified or as yet unidentified historic resources. A total of eleven sites within the UCSP Subdistricts Area have thus far been locally designated or determined to be eligible for local designation as historically significant. Six of the eleven sites are currently listed on the Chula Vista List of Historic Sites. These six sites comprise the homes or sites of early prominent Chula Vista persons (Greg Rogers House, Orchard House, Mark Skinner House) or the sites of early important civic and business functions (First Congregational Church, the First Women's Clubhouse, the Melville Block). The other five sites were determined to be eligible for local listing in September 2005 by having met the National and California Register eligibility Criterion and the CEQA Guidelines Criterion of historic significance. These five eligible sites are commercial properties concentrated along Third Avenue in the UCSP Village District and are representative of commercial development of the I 920s, 40s or 50s. The physical demolition, destruction, relocation or alteration of any of these eleven historic resources or their immediate surroundings such that the significance of an historic resource would be materially impaired under CEQA Guidelines Section 15064.5(b)(2) would constitute a significant and direct impact. The potential for the existence of other as yet unidentified significant historic properties within the UCSP Subdistricts Area is also considered potentially significant given the number of older commercial structures and homes throughout the UCSP Subdistricts Area. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding through these findings. 5.3.5-1 For a structure listed on, or eligible for listing on, the Chula Vista List of Historic Sites or State and Federal historic registers, the project applicant shall retain the structure in-place and maintain, repair, stabilize, rehabilitate, restore, preserve or reconstruct the structure in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving. Rehabilitating. Restoring and Reconstructing Historic Buildings (1995), Weeks and Grimmer ("Secretary's Standards"). Prior to issuance of an Urban Core Development Permit (UCDP) or other discretionary permit, the proj ect applicant shall prepare detailed construction plans under the supervision of a qualified architectural historian or historic architect for review and approval by the Community Development Director. The Community Development Director shall retain, at the project applicant's ~ tL:::/.3 13 expense, a qualified historic architect to review the plans and to certifY that the project will comply with the Secretary's Standards and would not result in the loss of the structure's listing, or eligibility for listing, on the City, State or Federal register of historic resources. 5.3.5-2 Where there is substantial evidence that it is not feasible for a structure listed on, or eligible for listing on the Chula Vista List of Historic Sites or State or Federal historic registers to be retained in-place, the project applicant shall provide for relocation and maintenance, repair, stabilization, rehabilitation, restoration or preservation of the structure in a manner consistent with the Secretary of the Interior's Standards for the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (1995), Weeks and Grimmer ("Secretary's Standards") at a new location subject to the approval of the City. Prior to issuance of an Urban Core Development Permit (UCDP) or other discretionary permit, the project applicant shall prepare detailed relocation plans under the supervision of a qualified architectural historian or historic architect for review and approval by the Community Development Director. The Community Development Director shall retain, <;it the project applicant's expense, a qualified historic architect to review the plans and to certifY that the project will comply with the Secretary's Standards and would not result in the loss of the structure's listing, or eligibility for listing, on the City, State or federal register of historic resources. 5.3.5-3 Where there is substantial evidence that it is not feasible, as determined by CEQA Section 15064.5, (b) (4), for a structure listed on or eligible for listing on the Chula Vista List of Historic Sites or State or Federal historic registers to be retained in-place or to be relocated to another location satisfactory to the City, the proj ect applicant shall: Provide for documentation of the historical structure before it is removed from the development site, including but not limited to photographic documentation of the exterior and interior of the structure, and "as built" drawings of the structure according to the standards of the Historic American Building Survey (HABS, Level I). Such historical documentation shall be provided to the Chula Vista Redevelopment Corporation (CVRe) or Resource Conservation Commission (RCe), as applicable, before a demolition permit is issued by the City for the structure. 5.3.5-4 For those structures 45 years or older and not previously evaluated, a determination of historic significance shall be made based on the significance Criterion in Section 5.3.2 of this ErR (and repeated below) prior to the issuance of a demolition permit. A site or structure may be listed on the Chula Vista List of Historic Sites if it possesses integrity (oflocation, design, setting, materials, workmanship, feeling and association) and meets at least one of the following criteria: . Is associated with events that have made a significant contribution to the broad patterns of history at the local, regional, state, or national level; ~tL:<1 14 . Is associated with the lives of significant persons in the past on a local, regional, state, or national level; . Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values; or . Has yielded, or may be likely to yield, information important III history or prehistory. If a resource is determined by the City to be historically significant pursuant to the above listed criteria, Mitigation Measure 5.3.5-1, 5.3.5-2, or 5.3.5-3 shall be implemented as applicable and determined by the Lead Agency in accordance with CEQA Guidelines Section 15064.5 (a) and (b). Significance After Mitigation: Significant. Finding: Pursuant to section 15091(a)(3) of the State CEQA Guidelines, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. While mitigation measure 5.3.5-3 is feasible and will be completed, it may in some cases not lessen impacts to a level below significance. Adoption of a Statement of Overriding Consideration will be required should the decision makers choose to approve the proposed proj ect. Facts in Support of Finding: Implementation of mitigation measures 5.3.5-1, 5.3-5-2, and 5.3.5-4 would reduce potential impacts to historic resources to below a level of significance. In some circumstances, such as where economic constraints or social considerations render implementation of mitigation measures 5.3.5-1, 5.3.5-2 infeasible, implementation of mitigation measure 5.3.5-3 which provides for documentation of an historic resource, may not mitigate significant impacts to a point where clearly no significant effect on the environment would occur. In that event, a potential impact to historic resources may be significant and unavoidable. In the absence of site specific development proposals the extent of impact as a result of implementation of mitigation measure 5.3.5-3 (photo documentation) is speculative at this time. Impact (Criterion 2): The proposed project would potentially cause a substantial adverse change in the significance of an archaeological resource or disturb human remains. (FEIR Section 5.3.3.2, pages 5-99 - 5-100) The UCSP Subdistricts Area is mapped as having low sensitivity for the occurrence of archaeological resources. Although the likelihood of encountering significant archaeological resources and human remains is low, the potential does exist. In the unlikely event that prehistoric cultural materials are found during subsurface disturbance resulting from future developments, there would be a significant archaeological impact as evaluated in accordance with Criterion 2. 0<: ~C<6 15 Mitigation Measure: The following archaeological mitigation measure is feasible and is required as a condition of approval and is made binding through these findings. 5.3.5-5 The likelihood of encountering archaeological resources is low within the UCSP Subdistricts Area. The following mitigation shall only be applied to projects which involve subsurface excavation to the depth of greater than or equal to six feet, or for any project site that has not had substantial previous excavation. Prior to approval of any construction permits, including but not limited to, the fust Grading Permit, Demolition Permit, and Urban Core Development Permit, the Community Development Director shall verify that the requirements for Archaeological Monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. . The applicant/developer shall submit documentation to the Community Development Director identifying the qualified Principal Investigator (PI) for the project and the names of all persons involved in the archaeological monitoring program, the areas to be monitored, and a construction schedule indicating when and where monitoring will occur. . During construction, the monitor shall be present full-time during soil remediation and grading/excavation/trenching activities which could result in impacts to archaeological resources, and shall document field activity and in the case of any discoveries. . In the event of a discovery, the Archaeological Monitor shall direct the contractor to temporarily divert trenching activities in the area of discovery and immediately notify the resident engineer or building inspector, as appropriate. The monitor shall immediately notify the PI (unless the Monitor is the PI) of the discovery and the PI and Native American representative, if applicable, shall evaluate the significance of the resource. . Once encountered, artifacts associated with an archaeological feature or deposit are required to be documented in place, analyzed in a laboratory setting and prepared for curation in accordance CEQA provisions and local guidelines. . If human remains are discovered, work shall halt in that area and the procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shall be undertaken. Significance After Mitigation: Not Significant. Finding: Pursuant to section l5091(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the FEIR to below a level of significance. Facts in Support of Finding: Impacts to potentially significant archaeological resources would be avoided or reduced to below a level of significance through implementation of an archaeological monitoring program, described above, during future projects' subsurface excavation. c!< ~~~ 16 I 2.3 Geology and Soils The FEIR examined the UCSP's potential impact on Geology and Soils in Section 5.4. Criteria of Significance: The proposed UCSP would have a significant impact on geology and soils ifit would: . Criterion I: Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: (a) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault, (b) Strong seismic ground shaking, ( c) Seismic-related ground failure, including liquefaction, or (d) Landslides; or . Criterion 2: Result in substantial soil erosion or the loss of topsoil; . Criterion 3: Is 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; . Criterion 4: Is located on expansive soil, as defined in Table 18-I-B of the Uniform Building Code (1994), creating a substantial risk to life or property; and . Criterion 5: Has soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for disposal of waste water. Impact (Criteria 1, 3 and 4): Implementation of the proposed project would potentially expose people or structures to substantial risk or injury or loss of life or destruction of property caused by soils, seismic, or other geologic hazards. (FElR Section 5.4.3, pages 5-111 - 5-113) The UCSP area is potentially subject to strong ground shaking by an earthquake along the active Rose Canyon fault zone, or other active faults in the region. The Subdistricts Area may additionally be subject to liquefaction along its western boundary. Compressible and expansive soils also have the potential to be encountered by future development throughout the UCSP Subdistricts Area. As evaluated in accordance with Criteria I, 3 and 4, buildout of the UCSP would result in an increase in housing, office space, retail space, and hotels that would be subj ect to these potentially significant seismic and soils hazards. Therefore, there would be a proportionate increase in the risk of personal and property damage as the population within the urban core increases. The proposed project was determined not to have significant impacts related to soil erosion or septic tank use, as evaluated in accordance with Criteria 2 and 5. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval, and are made binding through these findings. 5.4.5-1 Prior to the approval of each subsequent development project, the project applicant shall submit a comprehensive soil and geologic evaluation of the project site to the City Engineer and/or Building Official for review and c{ tU:<1 17 approval. The evaluation shall be prepared by a licensed geotechnical engineer in order to identify site-specific conditions and to determine whether potential soil and geologic hazards exist on the site. The evaluation shall include, but not be limited to, a delineation of specific locations where liquefiable, compressive, and expansive soils would affect structural stability and where graded slopes would expose bedrock susceptible to instability. Liquefiable, expansive, or compressive soils shall be removed from the site and shall be replaced with compacted fill. 5.4.5-2 Prior to the issuance of a building permit for each subsequent development proj ect, the City Building Official shall verify that the design of all structures proposed for a specific site comply with the requirements of all federal, state and local building codes and regulations governing earthquake safety and structural stability and with the standard practices of the Association of Structural Engineers of California. Significance After Mitigation: Not significant. Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the ErR to below a level of significance. Facts in Support of Finding: Implementation of project-specific mitigation measures 5.4.5-1 and 5.4.5-2 requiring comprehensive site-specific soil and geologic evaluations and verification of building code and seismic safety compliance would reduce or avoid potentially significant impacts resulting from groundshaking, liquefaction, and compressible and expansive soils. 2.4 Paleontological Resources The FEIR examined the DCSP's potential impact on Paleontological Resources III Section 5.5. Criterion of Significance: The proposed DCSP would have a significant impact on paleontological resources if it would: . Criterion 1: Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Impact (Criterion 1): Implementation of the Urban Core Specific Plan would potentially destroy a unique paleontological resource or site or unique geologic feature. (FEIR Section 5.5.3, pages 5-118 - 5-119) The DCSP area contains a large expanse of moderate paleontological resource sensitivity. As evaluated in accordance with Criterion I, exposure or disturbance of unnamed nearshore marine sandstone and the Linda Vista Formation would potentially significantly impact paleontological resources. Because the DCSP area is fully developed ~tL:{? 18 with urban uses, future grading would typically be minimal except in areas with sub- garages and sub-floors. Development proposed in areas of moderate sensitivity that propose to grade in excess of 2,000 cubic yards and five feet deep require mitigation. Mitigation Measure: The following mitigation measure is feasible and is required as a condition of approval, and is made binding through these findings. 5.5-1 Subsequent development projects that propose grading in excess of 2,000 cubic yards and five feet depth in areas of moderate sensitivity for paleontological resources shall be required to implement a pre-construction or construction monitoring program, or both, as a condition of approval. All mitigation programs shall be performed by a qualified professional paleontologist, defined here as an individual with a M.S. or Ph.D. in paleontology or geology who has proven experience in San Diego County paleontology and who is knowledgeable in professional paleontological procedures and techniques. Fieldwork may be conducted by a qualified paleontological monitor, defined here as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall always work under the direction of a qualified paleontologist. Pre-construction mitigation. This method of mitigation is only applicable to instances where well-preserved and significant fossil remains, discovered in the assessment phase, would be destroyed during initial clearing and equipment move-on. The individual tasks of this program include: 1. Surface prospecting for exposed fossil remains, generally involving inspection of existing bedrock outcrops but possibly also excavation of test trenches; 2. Surface collection of discovered fossil remains, typically involving simple excavation of the exposed specimen but possibly also plaster jacketing of large and/or fragile specimens or more elaborate quarry excavations of ricWy fossiliferous deposits; 3. Recovery of stratigraphic and geologic data to provide a context for the recovered fossil remains, typically including description of lithologies of fossil-bearing strata, measurement and description of the overall stratigraphic section, and photographic documentation of the geologic setting; 4. Laboratory preparation (cleaning and repair) of collected fossil remains, generally involving removal of enclosing rock material, stabilization of fragile specimens (using glues and other hardeners), and repair of broken specimens; 5. Cataloging and identification of prepared fossil remains, typically involving scientific identification of specimens, inventory of specimens, assigrunent of catalog numbers, and entry of data into an inventory database; 6. Transferal, for storage, of cataloged fossil remains to an accredited institution (museum or university) that maintains paleontological collections (including the fossil specimens, copies of all field notes, maps, stratigraphic sections, and photographs); and 7. Preparation of a final report summarizing the field and laboratory methods used, the stratigraphic units inspected, the types of fossils recovered, and the significance of the curated collection. c{iLcX1 19 Construction mitigation. Under this program, mitigation occurs while excavation operations are underway. The scope and pace of excavation generally dictate the scope and pace of mitigation. The individual tasks of a construction mitigation program typically include: I. Monitoring of excavation operations to discover unearthed fossil remains, generally involving inspection of ongoing excavation exposures (e.g., sheet graded pads, cut slopes, roadcuts, basement excavations, and trench sidewalls); 2. Salvage of unearthed fossil remains, typically involving simple excavation of the exposed specimen but possibly also plaster jacketing .of large and/or fragile specimens, or more elaborate quarry excavations of richly fossiliferous deposits; 3. Recovery of stratigraphic and geologic data to provide a context for the recovered fossil remains, typically including description of lithologies of fossil-bearing strata, measurement and description of the overall stratigraphic section, and photographic documentation of the geologic setting; 4. Laboratory preparation (cleaning and repair) of collected fossil remains, generally involving removal of enclosing rock material, stabilization of fragile specimens (using glues and other hardeners), and repair of broken specimens; 5. Cataloging and identification of prepared fossil remains, typically involving scientific identification of specimens, inventory of specimens, assignment of catalog numbers, and entry of data into an inventory database; 6. Transferal, for storage, of cataloged fossil remains to an accredited institution (museum or university) that maintains paleontological collections, including the fossil specimens, copies of all field notes, maps, stratigraphic sections and photographs; and 7. Preparation of a final report summarizing the field and laboratory methods used, the stratigraphic units inspected, the types of fossils recovered, and the significance of the curated collection. Significance After Mitigation: Not Significant. Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the ErR to below a level of significance. Facts in Support of Finding: Exposure or disturbance of potentially significant paleontological resources has the potential to occur in areas that are proposed to be graded in excess of 2,000 cubic yards and five feet deep. Future projects that propose grading in excess of these thresholds shall be required to implement a pre-construction or construction monitoring program, or both, as a condition of subsequent project approval. All mitigation programs are required to be performed by a qualified professional paleontologist. Potential paleontological impacts arising from UCSP implementation will thus be avoided or reduced to below significance. ~ tl- 3?> 20 2.5 Hydrology and Water Quality The FEIR examined the Project's potential impact on Hydrology and Water Quality in Section 5.7. Criteria of Significance: The proposed UCSP would result in a significant impact to hydrology and water quality if it would: . Criterion I: Violate any water quality standards or waste discharge requirements, or otherwise substantially degrade water quality. . Criterion 2: Substantially deplete groundwater resources or aquifer recharge areas. . Criterion 3: Substantially alter the existing drainage pattern of the site or area or substantially increase surface runoff in a manner which would result in on- or off-site flooding or exceed capacity of existing drainage systems. Impact (Criterion 1): The proposed UCSP would have potentially significant long term and short term construction impacts to water quality. (FEIR Section 5.7.3.1, pages 5-138-140) The Plan was determined to have a significant impact resulting from the potential to degrade water quality as evaluated in accordance with Criterion 1. No significant hydrology/water quality impacts would result in accordance with Criteria 2 and 3. Implementation of the proposed UCSP would allow for a three-fold increase in population and associated intensification of existing urban land uses which will result in an increase in direct runoff to drainage basins, municipal storm sewer systems, and eventual drainage to surface water and/or the ocean. This runoff will contain typical urban runoff pollutants such as sediment, pathogens, heavy metals, petroleum products, nutrients (phosphates and nitrates) and trash. Therefore, this comprises a potentially significant long-term water quality impact. The construction activities of subsequent individual projects would also potentially cause short-term water quality impacts through direct discharge of pollutants, soil excavation/sedimentation, and through encountering of shallow groundwater during subfloor grading. This comprises a potentially significant short-term water quality impact. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval, and are made binding through these [mdings. 5.7-1 Prior to approval of subsequent individual development projects, compliance with all applicable federal, state and local laws and regulations regarding water quality (e.g. Jurisdictional Urban Runoff Management Program (JURMP), Standard Urban Stormwater Mitigation Plan (SUSMP), National Pollutant Discharge Elimination System (NPDES), Storm Water Pollution Prevention Plan (SWPPP), and City Development and Redevelopment Projects Storm Water Manual) shall be demonstrated to the satisfaction of the City Engineer. ~ a..- 3/ 21 5.7-2 Prior to approval of subsequent individual development projects, project applicants are required to identify storm water pollutants that are potentially generated and shall demonstrate to the satisfaction of the City Engineer that the proposed on-site storm drain systems fully mitigate drainage impacts and meet all federal, state, and regional water quality objectives and all City standards and requirements. Land development construction drawings and associated required reports, i.e., a hydrology and water quality study, shall include details, notes, and discussions relative to the required or recommended retention measures and Best Management Practices (BMPs). Permanent storm water BMP requirements shall be incorporated into the proj ect design and all subsequent individual development projects are required to complete the applicable Storm Water Compliance Forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. 5.7-3 The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NPDES Municipal Permit, Order No. 2001-01. According to said permit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criterion. Future projects shall comply with all applicable regulations, established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements. Further, the applicant shall file a Notice of Intent (N0l) with the State Water Resource Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention and pollution control measures, and shall identify funding mechanisms for the maintenance of post-construction control measures. 5.7-4 Prior to issuance of an Urban Core Development Permit or other discretionary permit, all subsequent individual development proj ects shall demonstrate to the satisfaction of the Community Development Director, conformance with Mediterranean/indigenous landscaping and other relevant design recommendations provided in UCSP Chapter VII Development Design Guidelines. Significance After Mitigation: Not Significant. Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to below a level of significance. ~ to 3;<, 22 Facts in Support of Finding: Potential short-term (construction) and long-term (intensified urban runoff) water quality impacts would be avoided or reduced to below significance through mitigation measures 5.7-1 through 5.7-4 which require future project's demonstration of compliance with all applicable federal, state and local water quality regulations, including preparation of project-specific hydrology and water quality studies, implementation of pollution prevention design measures, construction and post- construction pollution prevention and control measures, and compliance with relevant landscaping design requirements. 2.6 Traffic, Circulation, and Access The FEIR examined the UCSP's potential impact on Traffic, Circulation, and Access in Section 5.8. Criteria of Significance: The significance criteria to evaluate the project impacts to intersections are based on the City of Chula Vista's Guidelines for Traffic Impact Studies in the City of Chula Vista, February 13, 2001 and on the City of Chula Vista's adopted General Plan. At intersections, the measurement of effectiveness (MaE) is based on allowable increases in delay. At roadway segments, the MaE is based on allowable increases in the average daily traffic (ADT). Intersections Criteria. Within the Urban Core of the City of Chula Vista, the goal is to achieve level of service (LOS) D or better at all signalized and unsignalized intersections. · A project-specific impact would occur if the operations at intersections are at LOS E or F and the project trips comprise five percent or more of the entering volume. . A cumulative impact would occur if the operations at intersections are at LOS Ear F only. Roadway Segments Criteria. The impact Criterion for Urban Core Circulation Element roadways (Gateway Street, Urban Arterial, Commercial Boulevard, Downtown Promenade) are as follows: · A roadway segment that currently operates at LOS D or better and with the proposed changes would operate at LOS E or F at General Plan buildout is considered a significant impact. · A roadway segment that currently operates at LOS E would operate at LOS F at General Plan buildout, or which operates at LOS E or F and would worsen by 5 percent or more at General Plan buildout is considered a significant impact. Impact: The UCSP will cause significant circulation impacts to intersections and roadway segments. (FEIR Section 5.8.3.I-Pages 5-164 - 5-173) As evaluated in accordance with intersections and roadway segments criteria, the proposed UCSP would result in significant impacts to traffic. A substantial increase in traffic on area roadways and at area intersections will result from planned population growth in the urban core area over the next 25 years. For the year 2030 condition, 19 intersections (including nine freeway on/off ramps) are calculated to operate at LOS E or F. ~tL33 23 In addition, two roadway segments are calculated to operate at LOS E or F for the 2030 condition. Mitigation measures are identified in the FEIR to avoid or reduce significant impacts to all but three intersections and one roadway segment. Impacts to the three intersections and one roadways segment would remain significant and unavoidable. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding through these findings. 5.8.5 -1 Intersection Improvements. Impacts to the 19 affected intersections will be mitigated to below significance by the implementation of improvements that have been divided into three tiers for phased implementation based on need and enhancement of the overall street network. Generally, time frames associated with the tiered improvements are anticipated as short-, mid- and long-term. In each tier, the City's existing TMP will determine the order in which projects are implemented during the biannual Capital Improvement Program (CIP) review. The Tier I improvements would be included in the current CIP and subsequently monitored for improvement within the first five years of implementation of the UCSP. It should be noted that three of the intersections (#7, #16, and #21) are proposed as project features rather than as needed to improve intersection LOS and most likely will be related to and timed with implementation of streetscape improvements along Third Avenue. The intersection numbers in the improvements described below correspond to the intersection numbering system used in the TIA (Appendix C of the EIR): a. Tier 1 Improvements 0#1 Bay Boulevard/I-5 Southbound Ramp/E Street: Add an eastbound through and right-turn lane, southbound right-turn lane, and northbound right-turn lane. Coordination with the California Department of Transportation (Caltrans) will be required for this improvement. o #2 1-5 Northbound Ramp/E Street: Add a westbound right-turn lane. Coordination with Caltrans will be required for this improvement o #7 Third A venue/E Street: Convert the northbound and southbound shared right-through lane into exclusive right-turn lanes. o #16 Third Avenue/F Street: Separate the southbound shared through-right lane into an exclusive through and right-turn lanes, convert the northbound shared through-right lane into an exclusive right-turn lane. o #21 Third Avenue/G Street: Convert the northbound/southbound shared through-right lane into exclusive right-turn lanes. o #24 1-5 Southbound RamplH Street: Add a southbound left, eastbound through and right-turn lanes. Coordination with Caltrans will be required for this improvement. o #25 1-5 Northbound RamplH Street: Add a westbound through and right- turn lane and restripe south approach to accommodate dual left-turn lanes. Coordination with Caltrans will be required for this improvement. o #26 Woodlawn AvenuelH Street: Change Woodlawn Avenue to a one- way couplet. This improvement is required to serve the intense o?uf 24 redevelopment occurring on both sides of H Street. The couplet improvement is not required mitigation further north toward E Street. . #27 Broadway/H Street: Add an eastbound transit queue jumper lane and westbound through and right-turn lanes. . #28 Fifth Avenue/H Street: Change the northbound/southbound approaches to include protective plus permissive phasing and add a westbound right-turn lane. . #29 Fourth Avenue/H Street: Add an eastbound/westbound right-turn lane. . #44 Fourth Avenue/SR-54 Eastbound Ramp: Add an eastbound right-turn lane. Coordination with Caltrans will be required for this improvement. b. Tier 2 Improvements . . #34 Broadway/SR-54 Westbound Ramp: Add a westbound right-turn lane. Coordination with Caltrans will be required for this improvement. . #59 J Street/I-5 Northbound Ramp: Add an eastbound left-turn and westbound right-turn lane. Coordination with Caltrans will be required for this improvement. #61 L Street/Bay Boulevard: Signalize the intersection, add a southbound left-turn lane, and a northbound right-turn overlap phase to the traffic signal. . #63 Bay Boulevard/I-5 Southbound Ramp: Signalize the intersection. Coordination with Caltrans will be required for this improvement. . #64 Industrial Boulevard/I-5 Northbound Ramp: Signalize the intersection. Coordination with Caltrans will be required for this improvement. H Street from four lanes to six lanes from 1-5 to Broadway c. Tier 3 Improvements . #13 Broadway/F Street: Add an eastbound right-turn lane. #45 Fourth Avenue/Brisbane Street: Add a southbound right-turn overlap phase to the traffic signal. . #57 Second Avenue/D Street: Convert to an all-way stop controlled intersection. On an annual basis during buildout of the UCSP, the City shall apply the TMP to monitor actual performance of the street system in the Subdistricts Area by conducting roadway segment travel time studies in accordance with the City's Growth Management Program and Traffic Threshold Standards. The results of the annual study under the TMP will be used by the City to determine the timing and need for implementation of improvements to the nineteen intersections identified above as having potential significant impacts. The City shall implement the intersection improvements in phases based on the results of the annual IMP and on need and enhancement to the function of the overall street network. In addition to determining timing and need, this systems and operations monitoring approach should also be used to further ascertain final design details of the intersection improvements and may include consideration o(tL~ 25 of the effects on traffic flow as well as the impactslbenefits to other travel modes (e.g., pedestrians and bicycles) that are foundational to the successful implementation of the Specific Plan. 5.8.5-2 Roadway Segment Improvements. During build-out of the UCSP, the City shall apply the Traffic Monitoring Program (TMP) to monitor actual performance of the street system in the Subdistricts Area by conducting roadway segment travel time studies in accordance with the City's Growth Management Program and Traffic Threshold Standards. The results of the annual study under the TMP will be used by the City to determine the timing and need for implementation of improvements to the street segments identified as having potential significant impacts. The City shall implement the following street segment improvements: I) based on the results of the annual TMP; or 2) based on need and enhancement to the function of the overall street network; and 3) in a manner that efficiently implements with phasing of necessary adjacent intersection improvements. I) H Street between 1-5 and Broadway would be reclassified as a six-lane gateway. As a result, the acceptable ADT would increase and result in an acceptable LOS. 2) Third Avenue between E Street and G Street would be constructed as a two-lane downtown promenade to facilitate an enhanced pedestrian environment along the traditional commercial village. As a result, the acceptable ADT along the segment would decrease and result in an unacceptable LOS. As such, impacts to Third Avenue will be significant and unavoidable. However, the Third Avenue corridor intersections at E, F and G Streets would all operate at an acceptable LOS. 5.8.5-3 Prior to issuance of an Urban Core Development Permit, subsequent development projects shall prepare a traffic assessment to quantifY the projects' potential traffic impacts. Subsequent projects will be required to contribute their fair share to the Tiered Improvements listed above under Mitigation 5.8.5.1. Mitigation may be in the form of: I) Payment of Transportation Development Impact Fee (TDIF), as may be established in the future for the western portion of the City; 2) Payment of existing Traffic Impact Signal Fee; 3) Construction of improvements within the project boundaries; and/or 4) Early advancement of improvements beyond the project boundaries, subject to a reimbursement agreement. The City's TDIF program for the west side of the City, including the Urban Core is anticipated to be developed within the subsequent twelve months following adoption of the UCSP. The TDIF will clearly establish the costs of the improvements identified above as well as the fair share costs to be applied to all subsequent development projects. Once the TDIF has been established, the fee will be consistently applied to all subsequent development projects, until such time that the TDIF is amended or rescinded. In the interim, if subsequent development projects are processed and approved prior to the establishment of a TDIF, a condition of approval will be included that prior to olL~ 26 issuance of building permits the project will contribute to the TDIF, as may be established. In addition, the City will participate in multi-jurisdictional efforts to improve freeway ramps and segments in the Urban Core area as follows: 5.8.5-6 The City shall participate in a multi-jurisdictional effort conducted by Caltrans and SANDAG to assist in developing a detailed engineering study of the freeway right-of-way that will identify transportation improvements along with funding, including federal, state, regional, and local funding sources, and phasing, that would reduce congestion consistent with Caltrans Standards on the 1-5 South corridor from the State Route 54 (SR-54) interchange to State Route 75 (SR-75)/Palm Avenue (the "1-5 South Corridor") (hereinafter, the "Plan). Local funding sources may include fair share contributions by private development based on nexus as well as other mechanisms. The Plan required by this mitigation shall include the following: I) The responsible entities (the "Entities") included in this effort will include, but may not be limited to the City, the Port, SANDAG, and Caltrans. Other entities may be included upon the concurrence of the foregoing Entities. 2) The Plan will specifically identify physical and operational improvements to 1-5, relevant arterial roads and transit facilities (the "Improvements"), that are focused on specific transportation impacts and will also identify the fair share responsibilities of each Entity for the construction and financing for each Improvement. The Plan may also identify other improvements necessary to address regional transportation needs, but for purposes of this mitigation measure, the Improvements included in the Plan need only be designed to mitigate the impacts created by the Proposed Proj ect. 3) The Plan will set forth a timeline and other agreed-upon relevant criteria for implementation of each Improvement. 4) The Plan will identify the total estimated design and construction cost for each Improvement and the responsibility of each Entity for both implementation and funding of such costs. 5) The Plan will include the parameters for any fair-share funding contributions to be implemented, that would require private and/or public developers to contribute to the costs, in a manner that will comply with applicable law. o{t2-31 27 6) In developing the Plan, the Entities shall also consider ways in which the Improvements can be coordinated with existing local and regional transportation and facilities fmancing plans and programs, in order to avoid duplication of effort and expenditure; however, the existence of such other plans and programs shall not relieve the Entities of their collective obligation to develop and implement the Plan as set forth in this mitigation measure. Nothing in the Plan shall be construed as relieving any Entity (or any other entity) from its independent responsibility (if any) for the implementation of any transportation improvement. 7) The City shall seek adoption of the Plan before the City Council upon the completion of the multi-jurisdictional effort to develop the Plan. The City shall report, to their governing bodies regarding the progress made to develop the Plan within six months of the first meeting of the Entities. Thereafter, the City shall report at least armually regarding the progress of the Plan, for a period of not less than five years, which may be extended at the request of the City Council. 8) The Plan shall also expressly include each Entity's pledge that it will cooperate with each other in implementing the Plan. The failure or refusal of any Entity other than the City to cooperate in the implementation of this mitigation measure shall not constitute failure of the City to implement this mitigation measure; however, the City shall use its best efforts to obtain the cooperation of all responsible Entities to fully participate in order to achieve the goals of the mitigation measure. Significance After Mitigation: Significant. Finding: Pursuant to section 15091(a)(3) of the State CEQA Guidelines, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the FErR. Adoption of a Statement of Overriding Consideration will be required should the decision makers choose to approve the proposed project. Facts in Support of Finding: The mitigation measures listed above are feasible and will be completed, however they do not substantially lessen all of the significant traffic impacts identified in the FEIR. The significant impacts to roadways and intersections will be mitigated to below significance by implementation of the improvements recommended in Mitigation Measures 5.8.5-1, 5.8.5-2 and 5.8.5-3, to all impacted intersections and roadway segments except three intersections (#27 Broadway/H Street, #33 Hilltop DrivelH Street and #54 Third Avenue/J Street) and one roadway segment (Third Avenue between E and G Streets). Impacts to these 3 intersections and I roadway segment would remain significant and unavoidable. =< i2-3t 28 Recommendations at intersections #27 Broadway/H Street, #33 Hilltop DriveIH Street, and #54 Third Avenue/J Street, do not improve conditions to an acceptable LOS due to right-of-way (ROW) and design constraints. Measures to reduce these intersection impacts to below significance are infeasible given the overriding social consideration of an enhanced pedestrian environment. The following describes the constraints to mitigating these three intersections: . At the BroadwayIH Street intersection (#27), an additional northbound and southbound through lane would be required in Bfder to achieve an acceptable LOS D condition. However, this improvement would require extensive widening of Broadway and H Street, beyond the existing 82-foot public right-of way, to allow for lane' drops. Up to an additional 22 feet (11 feet per lane) would be required to accommodate an additional northbound and southbound lane in an area currently developed with commercial and office uses and where new development is planned to maintain the same street wall frontage. Furthermore, the widening would create longer pedestrian crossings (104-feet wide) which are contrary to the Project Objective of creating a safe, walkable urban environment. As such, the recommended improvements of the eastbound queue jumper lane and the additional westbound through and right-turn lanes would improve the intersection from LOS F to LOS E conditions. . At the Hilltop DriveIH Street intersection (#33), no improvements would be recommended due to ROW constraints. The poor LOS at this intersection is primarily caused by the high traffic volumes in the eastbound/westbound movements. Additional through and/or turn lanes would be required in order to improve this intersection to an acceptable LOS. With no improvements, this intersection would remain at LOS E during both peak periods. . At the Third Avenue/J Street intersection (#54), the required improvement of an additional southbound right-turn lane would impact the existing commercial building (Henry's Marketplace), which is built adjacent to the sidewalk. Therefore, this improvement is not recommended. As a result, the LOS would remain at LOS E. However, if the property were to redevelop in the future, additional ROW could be obtained for the southbound right-turn lane. The significant and unavoidable impact to the roadway segment of Third Avenue between E and G Streets results from the design of the project, which is intended to reduce Third Avenue to a two-lane downtown promenade to facilitate an enhanced pedestrian environment along the traditional commercial village. Although the planned improvements would result in an unacceptable LOS, the planned improvement to Third A venue has overriding benefits towards meeting the project objectives of creating a more pedestrian friendly and active streetscape that accommodates multi-modes of transportation rather than just accommodating the automobile. Although the turning volumes in this segment of Third Avenue are less than other segments in the corridor, turning lanes are proposed to remove turning traffic from the through traffic. Turning vehicles would yield to anticipated high pedestrian traffic volumes and the turn lanes allow these yielding vehicles to pull out of the through travel lanes and allow a right-turn lane and a left turn lane to be provided. The intersection configuration would adequately accommodate future traffic demands along Third Avenue while providing a significantly ~ tl-3f 29 enhanced pedestrian friendly streetscape. Measures to reduce traffic impacts to this roadway segment to below significance would be counterproductive to achieving the socially beneficial goal of safe, walkable streetscapes. Issue (Nonautomotive Modes of Transportation): The proposed UCSP has the potential to impact pedestrian, bicycle and public transit services. (FEIR Sections 5.8.3.2 through 5.8.3.4, pages 5- I 73-178) While some intersection and street segment improvements may lower automotive LOS for the segments, they serve to increase alternate forms of mobility by introducing traffic calming elements, pedestrian improvements and paseos. The UCSP and City of ChuIa Vista Bikeway Master Plan address deficiencies in the bikeway network and makes recommendations for new and upgraded bikeway facilities throughout the area for both recreational and commuting users. The three-fold increase in population projected for the UCSP Subdistricts Area by 2030 would place greater demands on public transit services. A number of new and better regional transit improvements are already planned that will adequately serve the UCSP area. In addition, the UCSP incorporates smart growth strategies to lessen automobile use and increase public transit and other mobility use by providing a mix of compatible land uses, locating highest density near transit stations, utilizing compact building design and creating walkable and bikeable communities. A West Side Shuttle is also proposed to serve both the UCSP and the nearby Bayfront, which would complement existing and planned future transit improvements. Mitigation Measure: The following mitigation measure is feasible and is required as a condition of approval, and is made binding through these findings. 5.8.5-4 Prior to issuance of an Urban Core Development Permit for subsequent development projects, the traffic assessment prepared to quantify the projects' potential traffic impacts will also identify how alternative modes of transportation will be accommodated. Mitigation may be in the form of: I) Compliance with the development regulations and design guidelines of the UCSP to accommodate pedestrians, bicyclists and public transit; and 2) Where applicable, construction of improvements within the project boundaries; and/or 3) Early advancement of improvements beyond the project boundaries, subject to a reimbursement agreement. Significance After Mitigation: Not Significant. Finding: Pursuant to section l509l(a)(1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to below a level of significance. ~cZ 1() 30 Facts in Support of Finding: Pursuant to mitigation measure 5.8.5-4, future individual projects within the UCSP will be required to identify how alternative modes of transportation will be affected and accommodated. They will additionally be required to comply with applicable pedestrian, bicycle and public transit regulations and design guidelines of the UCSP as well as to possibly construct or contribute towards the construction ofrelevant improvements. Issue (Parking): The proposed UCSP has the potential to significantly increase demand for off-street parking. (FEIRSection 5.8.3.5, pages 5-178-180) The UCSP allows for an intensification of development in the urban core which will create an increased demand for off-street parking. The Land Use and Development Regulations of the UCSP include parking requirements that specify parking locations and the number of parking spaces per land use. A projected total of 18,560 parking spaces would be required to serve future development of the proposed UCSP at buildout. While the majority of new development will provide on-site parking, there are specific location such as within the Village District and transit focus areas that allow some parking needs to be met off-site and/or through alternative means such as in-lieu fees and shared parking arrangements. In addition, a number of other parking improvement strategies are included in the UCSP including raking buffers, parking districts and parking structures. Mitigation Measure: The following mitigation measure is feasible and is required as a condition of approval, and is made binding through these findings. 5.8.5-5 Prior to issuance of an Urban Core Development Permit, subsequent development projects shall comply with the parking standards set forth in the UCSP development regulations and design guidelines for the type and intensity of development proposed. Significance After Mitigation: Not Significant. Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the ErR to below a level of significance. Facts in Support of Finding: Mitigation measure 5.8.5-5 requires subsequent development projects to comply with UCSP parking standards in order to avoid or reduce parking impacts to below significance. 2.7 Noise The FEIR examined the UCSP's potential impact on Noise in Section 5.9. Criteria of Significance: The proposed UCSP would result in signjficant noise impacts ifit would: ol~ 1/ · 31 . Criterion I: Result in exposure of receivers in the UCSP to exterior noise levels that exceed the levels established by the GPu. . Criterion 2: Result in interior noise levels that exceed 45 dB Community Noise Equivalency Level (CNEL) due to exterior sources for habitable rooms in residences; or . Criterion 3: Result in noise levels that violate the City's Noise Ordinance (Chapter 19.68.010 of the Municipal Zoning Code). Impact (Criterion 1): The UCSP would result in exposure of receivers in the UCSP area to exterior noise that exceeds the levels established by the GPU and the City's noise control ordinance. (FEIR Section 5.9.3.1 - Pages 5-203 - 5-207) Noise levels could exceed the standard established by the GPU for areas immediately adjacent to circulation element roadways, freeways, and train and trolley lines. Development pursuant to the UCSP would result in exposure of receivers in the UCSP area to exterior noise levels that exceed 65 CNEL in residential areas, if existing or planned exterior use areas are adjacent to those roadways, and are unshielded by buildings or other barriers. This comprises a significant exterior noise impact as evaluated in accordance with Criterion 1. At such time that projects are proposed, specific design review would be needed to assess compliance with the noise limits set by the GPo. Office and professional areas immediately adjacent to Interstate 5 would be exposed to noise levels in excess of 70 CNEL, or 75 decibels for retail and wholesale commercial areas, restaurants, and movie theaters. Therefore, impacts are significant. . The siting of future parks has the potential to result in significant impacts. While park sites have not been designated, it is possible that parks could be sited next to circulation element roadways which generate noise in excess of 65 [to 70] decibels. This would be a significant impact and would require mitigation. Mitigation Measure: The following mitigation measure is feasible and is required as a condition of approval and is made binding through these findings. 5.9-1 Prior to the approval of individual development projects, projects within the UCSP area shall demonstrate that required outdoor usable open space areas are adequately shielded from transportation related noise sources so that noise levels fall below the standards set by the General Plan Update or do not cause an increase of greater than 3 dB(A) (A-weighted decibels) on an existing roadway. Noise reduction measures may include building noise-attenuating berms, walls or other attenuation measures. Future development of park facilities shall also, to the extent feasible, incorporate mitigation measures such as siting, berms, walls or other attenuation measures to reduce impacts to acceptable levels of 65-70 CNEL or less. Indication that noise levels fall below this limit shall be made to the satisfaction of the Planning and Building Director, Building Official or Community Development Director. =? It 1o? 32 Because the only mitigation available to reduce exterior noise impacts to parks resulting from roadway traffic is the insertion of a barrier between the source (traffic) and receiver (park), and because parks are intended to remain open (i.e., not surrounded by walls) to the community, exterior noise impacts cannot be fully mitigated. There are no feasible mitigation measures available to mitigate for the potential for parks that are to be sited next to circulation element roadways which generate noise in excess of 65-70 CNEL. Therefore, exterior noise impacts remain significant and umnitigated. Significance after Mitigation: Significant. Finding: Pursuant to section l5091(a)(3) of the State CEQA Guidelines, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR to reduce noise impacts to below a level of significance. While the mitigation measure made binding through this finding is feasible and will be completed, it does not lessen the significant environmental effects of exterior noise on future parks to below significance. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the proposed proj ect. Facts in Support of Finding: The siting of future parks has the potential to result in significant exterior noise impacts. While park sites have not been designated, it is possible that parks could be sited next to circulation element roadways which generate noise in excess of 65 [to 70] decibels. Mitigating this impact would require the construction of noise barriers. Required barrier heights may be achieved through the construction of walls, berms, or walllberm combinations. While noise levels at a park site could be reduced by the construction of such noise barriers, these barriers are considered to be incompatible with park uses. The overriding social consideration of the benefit of exterior park spaces, free of obtrusive barriers, outweighs the noise-attenuating benefit that would arise from the construction of massive noise barriers surrounding outdoor parks. Impact (Criterion 2): The UCSP would result in interior noise levels that exceed 45 dB CNEL due to exterior sources for habitable rooms in residences. (FEIR Section 5.9.3.2 - Pages 5-207 - 5-208) As evaluated in accordance with Criterion 2, the adoption of the UCSP would have a significant noise impact prior to mitigation because it would result in interior noise levels that exceed 45 dB CNEL due to exterior sources for habitable rooms in residences along major transportation facilities. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval, and are made binding through these findings. 5.9-2 Prior to the approval of subsequent individual development projects, for any residential use immediately adjacent to a circulation element roadway, trolley or rail line, or Interstate 5, an acoustical analysis shall be completed demonstrating 4~13 33 to the satisfaction of the Planning and Building Director, Community Development Director or Building Official, that interior noise levels due to exterior sources are 45 CNEL or less in any habitable room. For residential projects where interior noise levels due to exterior noise sources exceed 45 CNEL, architectural and structural considerations such as improved window and door acoustical performance, shall be identified. 5.9-3 Prior to the approval of individual development projects, projects where it is necessary for the windows to remain closed to ensure that interior noise levels meet the City's and the Building Code interior standard of 45 CNEL shall demonstrate that the design for these units includes a ventilation or air conditioning system which provides a habitable interior environment with the windows closed. Significance after Mitigation: Not Significant Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to below a level of significance. Facts in Support of Finding: To ensure that interior noise levels in habitable rooms do not exceed 45 CNEL, mitigation measures 5.9-2 and 5.9-3 require subsequent individual development proj ects to conduct acoustical analyses demonstrating compliance with interior noise standards, and the inclusion of appropriate ventilation or air conditioning systems into project design where it is deemed necessary for windows to remain closed. Impact (Criterion 3): The UCSP could result in noise levels that violate the City's Noise Ordinance. (FEIR Section 5.9.3.3, page 5-208) Currently, specific uses at specific locations are unknown within the UCSP area. Much of the project area is considered mixed use, and as such, there is the potential that allowable commercial uses will occur in the same building as residential uses. These commercial uses could encompass noise producing activities, such as live music. To the extent that these activities are conducted within the allowable parameters of the municipal code, adverse noise impacts will not occur. Until specific uses are identified, conformance to the City's noise control ordinance code cannot be assured and impacts associated with Criterion 3 may be significant. Mitigation Measure: The following mitigation measure is feasible and is required as a condition of approval and is made binding through these findings. 5.9-4 Prior to the approval of individual development projects, commercial uses that may involve noise producing activities shall demonstrate compliance with the existing performance standards provided in the City's Noise Ordinance (Chapter 19.68.010 of the Municipal Zoning Code). Prior to project approval, subsequent projects shall also demonstrate compliance with the mixed-use provisions of Chapter VI of the UCSP that include minimization of the effects of any exterior =fC0 # 34 noise impacts and provision of "internal compatibility between the different uses within the project" (UCSP, VI-44). Significance after Mitigation: Not Significant Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to below a level of significance. Facts in Support of Finding: Future commercial development proposals in accordance with the UCSP could include noise producing activities. Mitigation measure 5.9-4 requires that these activities be conducted within the allowable parameters of the Chula Vista Municipal Code and demonstrate compliance with applicable noise performance standards in order to avoid adverse noise impacts. 2.8 Air Quality The FEIR examined the UCSP's potential impact on Air Quality in Section 5.10. Criteria of Significance: The proposed UCSP would result in a significant impact to air quality if it would: · Criterion I: Conflict with or obstruct implementation of the applicable air quality plan. . Criterion 2: Violate any air quality standard or contribute substantially to an existing or projected air quality violation. . Criterion 3: 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 criteria for ozone precursors). · Criterion 4: Expose sensitive receptors to substantial pollutant concentrations. . Criterion 5: Create objectionable odors affecting a substantial number of people. Impact (Criterion 1): The Plan will conflict with the implementation of the applicable air quality plan. (FEIR Section 5.10.3.1, pages 5-220 - 5-222) The land uses proposed in the UCSP conform to the adopted GPU and are inconsistent with the former General Plan upon which the State Implementation Plan (SIP) and Regional Air Quality Standards (RAQS) were based. By changing land use designations in certain areas, the recently adopted GPU failed to conform to the growth projections used by SANDAG in their generation of the air quality management plan. Thus, adoption of the proposed UCSP would result in significant conflict with an applicable air quality plan as evaluated in conformance with Criterion I. c:{ ~ is- 35 Mitigation Measure: The City will cooperate with SANDAG and APCD in developing updated RAQS to insure their conformance with the adopted GPU and mitigation measure 5.10.5-1 is provided as an advisory measure. 5.10.5-1 The City of Chula Vista shall recommend to SANDAG to update the RAQS in the next triennial cycle to incorporate the increased land use densities of the GPU and UCSP. Significance After Mitigation: Significant. Finding: Pursuant to section 15091(a)(2) of the State CEQA Guidelines, specific changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes can and should be adopted by such other agency. Facts in Support of Finding: The only measure that can lessen the significant impact of UCSP inconsistency with the adopted RAQS, is the review and revision of the RAQS based on the recently adopted GPu. Because the updating of the RAQS is the responsibility of SANDAG and the San Diego Air Pollution Control District (APCD), it is outside of the authority of the City and thus no mitigation is available to the City to avoid this impact. Impact (Criterion 3): The UCSP would result in a significant impact as a result of a cumulatively considerable net increase in criteria pollutants. (FEIR Section 5.10.3.3, pages 5-218-5-221) As evaluated in accordance with Criterion 3, the UCSP would result in a significant impact as a result of a cumulatively considerable net increase in criteria pollutants. Because the San Diego Air Basin is not in compliance with the 2.5-micron particulate matter (PM2.5) and 10-micron particulate matter (PMIO) standards, and because the average daily particulates emission is anticipated to increase with implementation of the UCSP, impacts to criteria pollutants are considered significant, until the region is found to bein compliance with all criteria pollutants. Cumulative increases in emissions in criteria pollutants for which the San Diego Air Basin (SDAB) is not in attainment, would result from short-term construction of projects in conformance with the UCSP and from long-term emissions generated by both stationary and mobile sources within the UCSP area. Stationary source pollutant emissions would include those generated by the consumption of natural gas and electricity and the burning of wood in residential fireplaces. Vehicle traffic on area roads would generate mobiles source emissions including carbon monoxide, nitrogen oxides, and hydrocarbons. Mitigation is achievable for fugitive dust from short-term construction activities, but the only measures that would effectively reduce those emissions from long-term daily operations are those that reduce vehicle miles traveled on area roads. The UCSP includes measures aimed at promoting alternative modes of travel including enhanced pedestrian and bicycle activity, use of transit and reducing trip lengths by siting highest density ~'a.- f~ 36 adjacent to key transit nodes. Mitigation measures 5.10.5-2, 5.10.5-3 and 5.10.5-4 ensure that conformance to these provisions of the UCSP is satisfied prior to issuance of subsequent project development permits. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval, and are made binding through these findings. 5.-10.5-2 Prior to issuance of an Urban Core Development Permit or other discretionary permit, all subsequent individual development projects shall demonstrate to the satisfaction of the Community Development Director, conformance with the relevant land use and development regulations (UCSP, Chapter VI) and development design guidelines (UCSP, Chapter VII) of the UCSP which support smart growth principles such as providing a mix of compatible land uses; locating highest density near transit; utilizing compact building design and creating walkable communities; providing a range of infill housing opportunities; and increasing transportation choices. 5.10.5-3 Prior to issuance of an Urban Core Development Permit or other discretionary permit, all subsequent individual development projects shall demonstrate compliance with relevant land use and development regulations contained in the UCSP to minimize air pollutant emissions. These include, but are not limited to: measures aimed at promoting pedestrian activity (Chapter V, pp. V- 2- V-5); bicycle activity (Chapter V, pp. V-5 - V-7, V-9 - V-IO); public transit facilities (Chapter V, pp. V8 - V-9), including the West Side Shuttle (Chapter V, pp. V-II - V-12); and reintroduction of the traditional street grid (Chapter V, pp. V-16 - V-19). 5.10.5-4 Prior to issuance of construction permits, including but not limited to, the first Grading Permit, Demolition Permit, and Urban Core Development Permit, the Community Development Director shall verify that the following active dust control practices are to be employed during construction: 1. All unpaved construction areas shall be sprinkled with water or other acceptable San Diego APCD dust control agents during dust-generating activities to reduce dust emissions. Additional watering or acceptable APCD dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. 2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. 3. A 20-mile-per-hour speed limit on unpaved surfaces shall be enforced. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce resuspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be covered or watered. 6. Disturbed areas shall be hydro seeded, landscaped, or developed as quickly as possible and as directed by the City and/or APCD to reduce dust generation. 7. To the maximum extent feasible heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be ~ fL, 11 37 utilized during grading and construction activities and catalytic reduction for gasoline-powered equipment shall be used. 8. Equip construction equipment with prechamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of nitrogen oxide, to the extent available and feasible. 9. Electrical construction equipment shall be used to the extent feasible. 10. The simultaneous operations of multiple construction equipment units shall be minimized (i.e., phase construction to minimize impacts). Significance after Mitigation: Significant. Finding: Pursuant to section 15091(a)(3) of the State CEQA Guidelines, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Adoption of a Statement of Overriding Considerations will be required should the decision makers choose to approve the proposed proj ect. Facts in Support of Finding: With the application of mitigation measure 5.10.5-4 significant impacts resulting from projected short-term PMI 0 impacts from construction would be mitigated. Long-term impacts resulting from daily operation would remain significant despite implementation of mitigation measures 5.10.5-2 and 5.10.5-3, until the region is determined to be in compliance with all applicable air quality standards. Until the region is determined to be in compliance with all applicable air quality standards, no other mitigation measures are applicable or feasible, as the UCSP's contribution, regardless of volume, comprises a contribution to an existing regional condition of noncompliance. Thus, operation-related impacts to cumulative air quality would remain significant and unmitigated. Impact (Criterion 4): The UCSP would expose sensitive receptors to air quality impacts from diesel particulates emanating from Interstate 5 (FEIR Section 5.10.3.4, pages 5-221-5-234) As evaluated in accordance with Criterion 4, although there is no adopted standard for sensitive receivers adjacent to Interstate 5, it was determined that air quality impacts from diesel particulates emanating from Interstate 5 would be cumulatively significant given current basin-wide noncompliance with particulate standards and projected future levels of diesel particulates emanating from Interstate 5. Mitigation Measures: Cumulatively significant diesel particulate impacts would be reduced through mitigation measures 5.10.5-2 through 5.10.5-4 but not to below a level of significance. In addition, special design guidelines are provided in the UCSP Development Design Guidelines (Chapter VII, Section G.5) to be considered by future redevelopment adjacent to 1-5, where possible. These site design measures would help to minimize effects and include siting residential uses away from the freeway to the extent possible, tiering c1 fL, -je 38 residential structures back from the freeway, and incorporating mechanical and structural measures into the building design. While these measures may serve to reduce the severity of diesel particulate emissions impacts, implementation of diesel vehicles source control measures by State authorities would be required to reduce cumulative impacts to below significance. Significance after Mitigation: Significant. Finding: Pursuant to section l5091(a) (2) of the State CEQA Guidelines, any changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes can and should be adopted by such other agency. Facts in Support of Finding: While mitigation measures 5.10.5-2 through 5.10.5-4 are feasible and will be completed, they do not substantially lessen the severity of diesel particulate emissions impacts as identified in the FEIR. As stated in Mitigation Measure 5.10.5-2 "Prior to issuance of an Urban Core Development Permit or other discretionary permit, all subsequent individual development projects shall demonstrate to the satisfaction of the Community Development Director, conformance with the relevant land use and development regulations (UCSP, Chapter VI) and development design guidelines (UCSP, Chapter VII)." Therefore, site design measures would be considered prior to the approval of future redevelopment adjacent to 1-5, where possible, to help minimize effects. A mandatory application of the recommended design measures, such as a 350-500 foot buffer zone, cannot be made at this time without consideration of the implications on future development of the affected sites adjacent to the freeway. The mandatory application of a 350-500 foot setback would unfairly and indiscriminately impact both existing uses and any future redevelopment of individual properties, proposed in a manner consistent with the General Plan, as it would be speculative at this time to determine the specific use (commercial, residential, office) and site design of parcels within the 350-500 foot area. Further, the mandatory application of a setback would not achieve mitigation of the source of the impact. The only measure that can substantially lessen the significant impact of diesel emissions from vehicles on Interstate 5, is the implementation of source (vehicle) controls. Because the regulation and enforcement of vehicle emissions controls is outside the authority of the City, no mitigation is available to the City to effectively avoid this impact. Implementation of diesel vehicles source control measures by State authorities would be required to reduce cumulative diesel particulate emissions impacts to below significance. 2.9 Public Services The FEIR examined the UCSP's potential impact on Public Services in Section 5.11. Impacts were evaluated for the services of law enforcement, fire protection, schools, libraries, and parks and recreation. Law Enforcement ~ to 11 39 Criterion of Significance: Adoption of the UCSP would have a significant impact on police services if it would: . Criterion 1: Result in the inability of the City to provide an adequate level of law enforcement service in accordance with the adopted standards and thresholds as follows: For emergency response, police units must respond to 81 percent of Priority One emergency calls within seven minutes and maintain an average response time of 5.5 minutes or less. For Priority Two Urgent calls, the police units must respond to 57 percent of the calls within seven minutes with an average response time to all Priority Two calls within 7.5 minutes or less. Impact: Future development in accordance with the proposed UCSP could result in a significant impact to law enforcement services. (FEIR Section 5.11.1.3, pages 5-247 - 5-248) As evaluated in accordance with law enforcement Criterion I, future development in accordance with the proposed UCSP would result in a significant impact to law enforcement services because of the anticipated increase in calls for service and the additional travel time required to answer these calls. While the police facility at Fourth Avenue and F Street is sufficient to meet the law enforcement needs created by increased demand resulting from development, more police officers will be needed in order to maintain response times. Significant impacts would result if timing of these provisions does not coincide with projected increase in demand for services and populations growth. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval, and are made binding through these findings. 5.11.1-1 Subsequent development projects shall demonstrate that significant impacts to police services resulting from an individual project are addressed prior to approval of an Urban Core Development permit or other discretionary approval. As part of project review, subsequent development projects shall be evaluated for adequate access for police vehicles (pursuant to GPU Policy PFS 6.1) and integration of Crime Prevention Through Environmental Design (CPTED) techniques (pursuant to GPU Policy PFS 6.3). 5.11.1-2 As a condition of project approval, individual developers shall pay the public facilities development impact fees (PFDIF) at the rate in effect at the time building permits are issued. 5.11.1- 3 As part of the annual budgeting process, the City shall assess the need for additional police personnel to provide protection services consistent with established City service levels and commensurate with the increase in population. Significance after Mitigation: Not Significant. Finding: Pursuant to section l509l(a)(1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen c10M 40 or avoid the significant environmental effect as identified in the FEIR to below a level of significance. Facts in Support of Finding: Mitigation measures 5.11.1-1, 5.11.1-2 and 5.11.1-3 ensure that timing of additional police personnel and facilities coincide with the increase in demand for services associated with buildout of the UCSP. . Fire Protection Criterion of Significance: Adoption of the UCSP would have a significant impact on fire protection services if it would: . Criterion I: Result in the inability for the City to provide an adequate level fire protection service in accordance with the adopted standards and threshold: For calls citywide, fire units must respond within seven minutes for 80 percent of emergency calls. Impact: Future development in accordance with the proposed UCSP could result in a significant impact to fire protection services. (FEIR Section 5.11.2.3, page 5-251) The Chula Vista Fire Department does not currently meet the threshold standard for response time for the City, including the UCSP Subdistricts area. Buildout of the UCSP would increase demand for fire protection services. However, as population growth in the service area warrants, additional fire protection personnel and fire protection equipment and facilities would be provided. These provisions would help ensure adequate service within the requirements of the Growth Management Oversight Committee (GMOC) threshold standards. As evaluated in accordance with fire protection Criterion I, significant impacts would result if timing of these provisions does not coincide with projected increase in demand for services and population growth. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval, and are made binding through these findings. 5.11.2-1 Prior to approval, subsequent individual development projects in the UCSP shall demonstrate provision of adequate access and water pressure for new buildings. 5.11.2-2 As a condition of project approval, individual developers shall pay the public facilities development impact fees at the rate in effect at the time building permits are issued. 5.11.2-3 As part of the annual budgeting process, the City will assess the need for additional fire personnel to provide protection services consistent with established City service levels and commensurate with the increase in population. Significance after Mitigation: Not Significant. Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen oftLS) 41 or avoid the significant environmental effect as identified in the ErR to below a level of significance. Facts in Support of Finding: Mitigation measures 5.11.2-1, 5.11.2-2 and 5.11.2-3 ensure that timing of additional fire protection and emergency services personnel and facilities coincide with the increase in demand for services associated with buildout of the UCSP. Schools Criterion of Significance: Adoption of the UCSP would have a significant impact on schools ifit would: . Criterion I: Result in the inability of the public school system to provide adequate schools and fail to meet current student/teacher and facilities ratios established in the Chula Vista Elementary School District and Sweetwater Union High School District standards and thresholds. Impact: Future development in accordance with the proposed UCSP could result in a significant impact on educational facilities. (Section 5.11.3.3, pages 5-254 - 5-255) As evaluated in accordance with Criterion I, the land uses proposed for the UCSP would result in a significant impact to schools unless construction of facilities coincide with student generation and associated service demands. The proposed UCSP wilI result in a three-fold increase in population within the Subdistricts Area at buildout and an associated increase in demand for schools. The estimated number of students to be generated by the proposed UCSP upon buildout was based on current student generation factors of the two relevant school districts. At buildout, the UCSP is expected to generate a net increase of approximately 3,877 students between elementary, middle school, and high school grades. The generation of approximately 2,485 additional elementary students would have a significant impact on existing elementary schools serving the area because they are already at or near capacity. Using every available classroom seat, the new development would require at least 59 additional elementary school classrooms. (Potentially fewer students may result from UCSP buildout or interim conditions due to the nature of the allowable development under the UCSP. New residents of the intensified urban environment of mid- to high-rise mixed uses may likely be single or potentially childless young couples, or empty nesters. Therefore, the identified impacts may be overstated. Monitoring of these trends will be necessary to accurately plan for new student enrollment.) Provision of school facilities is the responsibility of the school district when additional demand warrants. School services are addressed in the City's Growth Management Thresholds and State Senate Bill 50 (Government Code 65995). Senate BilI 50 prohibits local governments from requiring extra fees or the establishment of a Mello Roos from new development to finance school The legislation provides that statutory fees are the exclusive means of mitigating school impacts and payment of statutory fees constitutes full and complete mitigation (Government Code 65996). Therefore payment of project 0( tt.,SoZ. 42 development fees in compliance with statutory requirements reduce significant impacts to school districts below a level of significance. Mitigation Measure: The following mitigation measure is feasible and is required as a condition of approval and is made binding through these findings. 5.11.3-1 Prior to approval, subsequent development projects in the UCSP shall demonstrate that significant impacts to public educational services resulting from the individ\illl project have been addressed. As a condition of project approval, individual developers shall pay the statutory school impact fees at the rate in effect at the time building permits are issued. Significance after Mitigation: Not Significant. Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to below a level of significance. Facts in Support of Finding: While provision of school facilities is the responsibility of the school district, mitigation measure 5.11.3-1 ensures that subsequent individual projects' effects on public educational services are addressed prior to project approval, thereby avoiding or substantially lessening potential impacts to area schools. Libraries Criterion of Significance: Adoption of the UCSP would have a significant impact on library services if it would: . Criterion I: Result in the inability of the City to provide an adequate level of library services and facilities in accordance with adopted City standards and thresholds as follows: 500 square feet of library facilities per 1,000 population for new development. 3.0 books per person for new development. Impact: Implementation of the UCSP could result in significant impacts to library services in the UCSP Subdistricts Area and citywide. (Section 5.11.4.3, pages 5-256- 5-257) As evaluated in accordance with library services Criterion I, buildout of the UCSP may require additional library space in order to meet and maintain the City Criterion of 500 square feet per 1,000 population and 3 books per person for new development. Based on the expected net increase in population of 18,318 with buildout of the U CSP, increased demand on existing library services would amount to approximately 9,159 square feet of library facilities and 54,954 books. Existing library service conditions in the City are inadequate and not in compliance with City standards. Additional library capacity is planned by 2007, however, with the construction of the 30,000 square foot Rancho Del of ~ .s-5 43 Rey Library. In the absence of this or other new library construction, any additional demand on library services would comprise a significant impact. Mitigation Measure: The following mitigation measure is feasible and is required as a condition of approval and is made binding through these [mdings. 5.11.4-1 Prior to approval, subsequent individual development projects in the UCSP shall demonstrate that significant impacts to the provision of library services resulting from individual projects have been addressed. As a condition of project approval, individual developers shall pay the public facilities development impact fees at the rate in effect at the time building permits are issued. Significance after Mitigation: Not Significant. Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to below a level of significance. Facts in Support of Finding: Potentially significant library impacts would be avoided or reduced to below significance through mitigation measure 5.11.4-1 which requires subsequent individual development projects in the UCSP to demonstrate that significant library impacts have been addressed prior to project approval. Parks and Recreation Criterion of Significance: Adoption of the UCSP would have a significant impact on parks and recreation if it would: . Criterion I: Result in the inability of the City to provide an adequate level of park and recreation service and facilities in accordance with the adopted standard of three acres per 1,000 people; or as modified by the Growth Management Ordinance. Impact: Future development in accordance with the proposed UCSP could result in a significant impact on park facilities. (FEIR Section 5.11.5.3, pages 5-260 - 5-261) Implementation of the proposed UCSP would generate increased demand for parks and recreation facilities. As evaluated in accordance with parks and recreation Criterion I, a significant impact could occur if dedication of parkland and construction of new facilities does not coincide with project implementation and project population growth. Mitigation Measure: The following mitigation measure is feasible and is required as a condition of approval and is made binding through these [mdings. 5.11.5-1 Prior to approval of an Urban Core Development Permit, each subsequent project shall establish to the satisfaction of the Community Development Director that the project meets the City's parkland dedication requirement. As a condition of project approval, individual developers shall provide required oft<-- sf 44 parkland and facilities on-site, if possible and consistent with potential site locations identified in the UCSP and Parks Master Plan; or pay the applicable parkland acquisition and parkland development fee and recreation facility development impact fees at the rates in effect at the time building permits are issued. Significance after Mitigation: Not Significant. Finding: Pursuant to section 15091(a)(1) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the ErR to below a level of significance. Facts in Support of Finding: The Chula Vista Municipal Code, Section 17.10 (the Park Development Ordinance - PDO) applies a standard of 3 acres of parkland for every 1,000 people to all new development. Full buildout of the UCSP would be required to provide up to approximately 55 acres of new parkland. This additional parkland would be required incrementally and commensurate with new development as required in mitigation measure 5.11.5-1. 2.10 Public Utilities The FEIR examined the UCSP's potential impact on Public Utilities in Section 5.12. The four public utilities evaluated in the FEIR include the provision of water, wastewater, solid waste, and energy. The FEIR determined that the proposed UCSP would not have significant impacts to the utilities of water or solid waste. However, impacts to wastewater and energy were identified, as explained below. Wastewater Criterion of Significance: Impacts to wastewater services would be significant if the proposed UCSP would: . Criterion I: Result in a determination by the wastewater treatment provider which serves or may serve the project that it does not have adequate planned capacity to serve projected demand in addition to the provider's existing commitments. Impact: The UCSP will place a significant demand on wastewater treatment services. (FEIR Section 5.12.2.3, pages 5-277 - 278) As evaluated in accordance with wastewater Criterion I, impacts to the provision of sewer service resulting from implementation of the proposed UCSP are considered significant Chula Vista owns capacity in the Metro system, which provides conveyance of City wastewater flows. Increasing population will place additional demand on sewer services. While it is the intent of the City to ensure that services are provided concurrent with need, the provision of sewer services is not solely within its authority. Although the =? t2.- 5' S- 45 City is in the process of acquiring additional capacity from Metro, that acquisition has not yet been finalized. Based on GPU buildout projections, the City will be generating approximately 26.2 million gallons per day (mgd) of wastewater citywide by 2030 and would need to acquire additional 6.4 mgd of capacity rights by the year 2030 in order to meet citywide projected demand. Of this total, 1.57 mgd are projected to be generated in western Chula Vista, including a projected generation of 0.88 mgd for the UCSP Subdistricts Area. Therefore, impacts to the provision of sewer service are considered significant Mitigation Measure: The following mitigation measure is feasible and is required as a condition of approval and is made binding through these findings. 5.12.2-1 Prior to the approval of subsequent individual development projects, project plans shall demonstrate that there is sufficient wastewater capacity availableto serve the proposed project. Conditions of approval may require sewer capacity fees to be contributed to mitigate project-related impacts. Significance after Mitigation: Not Significant. Finding: Pursuant to section 15091(a)(l) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to below a level of significance. Facts in Support of Finding: To avoid significant impacts to the provision of sewer service, mitigation measure 5.12.2-1 requires that all subsequent individual development projects demonstrate that sufficient wastewater capacity is available to serve the project prior to proj ect approval. Energy Criterion of Significance: Impacts to energy would be significant if the proposed project would: . Criterionl: Result in the available supply of energy to fall below a level considered sufficient to meet the City's needs or cause a need for new and expanded facilities. Impact: The UCSP has the potential to result in significant impacts to energy supply as a result of anticipated growth. (FEIR Section 5.12.4.3, pages 5-282 - 5-284) As evaluated in accordance with energy Criterion I, project impacts to energy are considered significant because there is no long-term assurance that energy supplies will be available at buildout of the UCSP. Mitigation Measure: The following mitigation measure is feasible and is required as a condition of approval and is made binding through these findings. 5.12.4-1 The City shall continue to implement the Energy Strategy Action Plan that addresses demand side management, energy efficient and renewable energy =< ~...j0 46 outreach programs for businesses and residents, energy acqUlsltJon, power generation, and distributed energy resources and legislative actions, and continue to implement the CO2 Reduction Plan to lessen the impacts on energy. Significance after Mitigation: Significant. Finding: Pursuant to section 15091(a)(3) of the State CEQA Guidelines, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the FEIR. While mitigation measure 5.12.4-1 is feasible and will be implemented, it does not substantially lessen the significant environmental effect as identified in the FEIR. Adoption of a Statement of Overriding Consideration will be required should the decision makers choose to approve the proposed project. Facts in Support of Finding: Because there is no assurance that energy resources will be available to adequately serve the proposed UCSP, energy impacts remain significant and unmitigated. Avoidance of energy impacts cannot be assured regardless of land use designation or population size. Although subsequent individual projects would be subject to the City's continuing Energy Strategy Action Plan and C02 (Carbon Dioxide) Reduction Plan, and SANDAG's San Diego Regional Energy Plan and Transit First Plan as stated in mitigation measure 5.12.4-1, implementation of the proposed land uses identified in the UCSP has the potential to result in significant impacts to nonrenewable and slowly renewable energy resources as a result of anticipated growth. The environmental sustainability measures of the UCSP (Chapter VI, G.) may serve to further reduce energy consumption associated with implementation of the UCSP, thereby reducing energy demand and energy impacts; but not to below a level of significance. 2.11 Hazards/Risk of Upset The FEIR examined the UCSP's potential impact on Hazards/Risk of Upset in Section 5.13. Criteria of Significance: The proposed UCSP would result in a significant hazards/risk of upset impact if it would: . Criterion 1: Create a significant hazard to the public or the environment through the routine transport, use, disposal, or accidental release of hazardous materials; . Criterion 2: Place potential emitters of hazardous or acutely hazardous materials or substances in close proximity to sensitive receivers or be located in close proximity to a site which is included on a list of hazardous materials site pursuant to Government Code Section 65962.5; . Criterion 3: Impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Impact (Criterion 1): Hazardous materials which occur within the UCSP area could pose significant public health and safety risks during construction or long-term use of proposed development. (FEIR Section 5.13.3.1, pages 5-303 - 5-307) =1 c:L.57 47 Hazardous materials occur within the UCSP area and pose significant public health and safety risks during construction or long-term occupation of proposed development as evaluated in accordance with Criterion I. Exposure to hazardous materials that exceed state and/or federal standards can occur through contact with contaminated soil or groundwater, through ingestion, skin contact or the inhalation of vapors or dust. An approximate total of 103 sites of potential hazardous concern have been identified from various federal, state and local databases as occurring within the Subdistricts Area. In addition, due to the presence of numerous pre-1960s structures in the area, there is a potential that during construction or demolition, workers may come into contact with hazardous building materials (asbestos and lead). Future development consistent with the proposed UCSP would result in significant impacts if such development allows greater contact between humans and hazards. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval, and are made binding through these findings. 5.13-1 Prior to approval of subsequent individual development projects, any project plans that propose land uses which use, transport, store, and dispose of hazardous materials shall be conducted in compliance with the relevant regulations of federal, state, and local agencies, including the EP A, California Department of Heath Services (DHS), and California Department of Transportation. S.13 -2 A risk assessment shall be performed at all sites within the study area where contamination has been identified or is discovered during future construction activities, and at which soil is to be disturbed, to address risks posed by any residual contamination, and to establish appropriate mitigation measures (e.g., natural attenuation, active remediation, engineering controls) that would be protective of human health and the environment. All assessment and remediation activities shall be conducted in accordance with a Work Plan that is approved by the regulatory agency having oversight of the activities. Significance after Mitigation: Not Significant. Finding: Pursuant to section 15091(a)(I) of the State CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to below a level of significance. Facts in Support of Finding: Mitigation measures 5.13.1 and 5.13-2 ensure that future development consistent with the proposed UCSP would not result in significant adverse contact between humans and hazards. =< CL .6-g 48 3.0 Findings on Significant Cumulative Impacts Cumulative impacts are those which "are considered when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects" (Pub. Resources Code section 21082.2, subd. (b)). The analysis in the EIR for the UCSP relies on regional planning documents, in accordance with Section 15130(b)(I)(B), to serve as a basis for the majority of analysis of the cumulative effects of the proposed General Plan Update. The cumulative impacts assessment in this section primarily relies on the cumulative impact determinations in the Chula Vista GPU EIR. Other regional plans used to assess cumulative impacts in this section include: the Chula Vista General Plan; the SANDAG Regional Comprehensive Plan (RCP); the Chula Vista MSCP; the Water Quality Control Plan for the San Diego Basin; the San Diego APCD RAQS; and the Regional Water Facilities Master Plan. These plans are discussed in the Environmental Impact Analysis, Section 5.0, of this EIR, and are incorporated by reference in the cumulative analysis below. These documents are on file at the City of Chula Vista and are available for review at the Chula Vista Planning Department at 276 Fourth Avenue and the Chula Vista Civic Center Library at 365 F Street in the City of Chula Vista. In formulating mitigation measures for the project, regional issues and cumulative impacts have been taken into consideration. Many of the mitigation measures adopted for the cumulative impacts are similar to the project level mitigation measures. This reflects the inability of the lead agency to impose mitigation measures on surrounding jurisdictions (i.e., City of San Diego, City of National City, Caltrans, and Mexico) and the contribution of these jurisdictions to cumulative impacts. Cumulative Impacts are discussed in Chapter 6.0 of the Final EIR. The UCSP will result in the following irreversible cumulative environmental changes. 3.1 Cultural Resources Cumulative impacts to cultural resources are discussed in Section 6.3 of the FEIR. Impact: Loss of cultural resources in the Urban Core Specific Plan area would represent a cumulative impact. The continued pressure to develop or redevelop areas would result in incremental impacts to the historic record in the San Diego region. The RCP concluded that the loss of historic or prehistoric resources from the past, present, and probable future projects in the Southern California/Northern Baja areas would contribute to cumulatively significant impacts to cultural resources. Implementation of the proposed UCSP, in conjunction with other future projects, will result in a significant cumulative impact to cultural resources. Mitigation Measures: Mitigation Measure 5.3.5-1 through 5.3.5-5 described above would be required. 4 tG5/ 49 Significance After Mitigation: Significant Finding: Pursuant to section 15091 (a)(3) of the State CEQA Guidelines, specific economic, social, or other considerations make infeasible mitigation measures or project alternatives to reduce cumulative cultural resources impacts to a level below significance. While the mitigation measures to reduce direct cultural resources impacts are feasible and will be completed, they do not substantially lessen the significant cumulative environmental effect as identified in the FEIR. Adoption of a Statement of Overriding Consideration will be required should the decision makers choose to approve the proposed proj ecL Facts in Support of Finding: Cumulative impacts to cultural resources remain significant despite project-specific mitigation measures 5.3.5-1 through 5.3.5-5. Regardless of the efforts to avoid impacts to cultural resources, the more that land within the country that is converted to developed uses the greater the potential for impacts to cultural resources. While any individual project may avoid or mitigate the direct Joss of a specific resource, the effect is considerable when considered cumulatively. 3.2 Traffic, Circulation, and Access Cumulative impacts to traffic circulation and access are discussed in Section 6.6 of the FEIR. Impact: Cumulative impacts to roadway segments would occur with the adoption of the Urban Core Specific Plan. The long-term traffic analysis conducted for the proposed UCSP employed the regional traffic database and modeling used by SANDAG and assumed 2030 buildout conditions under the GPU. As such, it included the projected growth for the region, including both growth in regional trips and anticipated expansion of the circulation system. Traffic effects identified in Chapter 5.8 of the FEIR are significant. Nineteen intersections and three roadway segments within the UCSP area would operate at unacceptable levels of service. The traffic analyses included mitigation measures to reduce significant cumulative traffic impacts. However, not all impacts would be mitigated to below a level of significance. Therefore, significant and unmitigated cumulative traffic impacts are noted for the street network. Mitigation Measures: Mitigation Measures 5.8.5-1 through 5.8.5-3 and 5.8-6 described above would be required. Significance After Mitigation: Significant Finding: Pursuant to section 15091(a)(3) of the State CEQA Guidelines, specific economic, social, or other considerations make infeasible the mitigation measures or proj ect alternatives identified in the FErR. While the mitigation measures to reduce cl tLto 50 direct traffic impacts are feasible and will be completed, they do not substantially lessen the significant cumulative environmental effect as identified in the FEIR. Adoption of a Statement of Overriding Consideration will be required should the decision makers choose to approve the proposed project. Facts in Support of Finding: The mitigation measures presented above would reduce some of the incremental cumulative impacts associated with the proposed UCSP; however, these measures would not reduce the cumulative traffic impacts to below a level of significance. The Automobile Priority Alternative increases the roadway capacity for the impacted intersections and roadway segment to acceptable LOS. As such, it would lessen cumulative traffic impacts to below a level of significance. As discussed in Section 4.3 of these Findings, however, this alternative is infeasible. Pursuant to section 15091(a) (3) of the State CEQA Guidelines, specific economic, social, or other considerations make infeasible the Automobile Priority Alternative identified in the ElR. The alternative is not considered environmentally preferable to the proposed Plan, nor would accomplish some of the Plan's goals and objectives. The overriding social goals and objectives that the Automobile Priority Alternative would not meet are detailed in Section 4.3 and 6.0 of these findings. 3.3 Air Quality Cumulative impacts to air quality are discussed in Section 6.7 of the FElR. Impact: Implementation of the Urban Core Specific Plan would contribute to a significant cumulative impact on regional air quality. The San Diego Air Basin is in non-attainment for federal and state ozone standards, federal and state PM2.5 standards, and state PMIO standards. Because the air basin is in non-attainment for ozone, PM2.5, and PMIO, the allowable increase in residential units and the activities associated with population growth, even as mitigated by the City in its CO2 Reduction Plan and Growth Management Program and by the Interstate 5 site design recommendations in the UCSP, represents a cumulatively considerable and significant air quality impact. Mitigation Measures: Mitigation Measures 5.10.5-1 through 5.1 0.5-4 described above would be required. Significance After Mitigation: Significant Finding: Pursuant to section 15091 (a)(3) of the State CEQA Guidelines, specific economic, social, or other considerations make infeasible mitigation measures or project alternatives to reduce cumulative net increases to regional criteria air pollutants to below significance. While mitigation measures 5.10.5-2 through 5.10.5-4 to reduce the UCSP's emissions and severity of impact are feasible and will be completed, they would notm 0( tG /PI 51 reduce the significant cumulative environmental effect as identified in the FEIR to below significant. Adoption of a Statement of Overriding Consideration will be required should the decision makers choose to approve the proposed project. Facts in Support of Finding: Cumulative air quality impacts would remain significant despite implementation of mitigation measures 5.10.5-2 and 5.10.5-3, until the region is determined to be in compliance with all applicable air quality standards. Until the region is determined to be in compliance with all applicable air quality standards, no other mitigation measures are applicable or feasible, as the UCSP's contribution, regardless of volume, comprises a contribution to an existing regional condition of noncompliance. 3.4 Energy Cumulative impacts to energy are discussed in Section 6.9.4 of the ElR. Impact: Implementation of the proposed UCSP has the potential to result in cumulative impacts to energy resources. Buildout of the UCSP would directly increase the demand for both electricity and natural gas, and would contribute to significant cumulative demands on energy. Impacts to energy are considered significant because there is no long-term assurance that energy supplies will be available at buildout of the UCSP. Avoidance of energy impacts thus cannot be assured regardless of land use designation or population size. Mitigation Measure: Mitigation Measure 5.12.4-1 described above would be required. Significance After Mitigation: Significant Fiuding: Pursuant to section 15091(a)(3) of the State CEQA Guidelines, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the FEIR. While mitigation measure 5.12.4-1 is feasible and will be completed, it does not reduce the significant environmental effect as identified in the FEIR to below a level of significance. Adoption of a Statement of Overriding Consideration will be required should the decision makers choose to approve the proposed proj ect. Facts in Support of Finding: The UCSP has the potential to add incrementally to the demand for energy supplies which cannot be assured in the future, thus representing an unavoidable significant cumulative impact. The energy mitigation measures identified in Section 2.1 0 of this document would reduce significant energy impacts, but not to below a level of significance. Because future energy supplies cannot be assured, cumulative energy impacts would remain significant and unrnitigated. c1tL~ 52 4.0 Findings on Feasibility of Project Alternatives Considered in the Final EIR Because the project will cause some unavoidable significant environmental effects, as outlined above, the City must consider the feasibility of any environmentally superior alternative to the project, as finally approved. The City must evaluate whether one or more of these alternatives could avoid or substantially lessen the unavoidable significant environmental effects. Where, as in this proj ect, significant environmental effects remain even after application of all feasible mitigation measures identified in the FEIR, the decision makers must evaluate the project alternatives identified in the FEIR. Under these circumstances, CEQA requires findings on the feasibility of project alternatives. In general, in preparing and adopting findings, a lead agency need not necessarily address feasibility when contemplating the approval of a project with significant impacts. Where the significant impacts can be mitigated to an acceptable (insignificant) level solely by the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severe than those of the project as mitigated. Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Ca1.3d 376 [253 Cal.Rptr. 426]; Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515 [147 Cal.Rptr. 842]; see also Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 [270 Cal.Rptr. 650]. Accordingly, for this project, in adopting the findings concerning project alternatives, the City Council considers only those environmental impacts that, for the finally approved project, are significant and cannot be avoided or substantially lessened through mitigation. If project alternatives are infeasible, the decision makers must adopt a Statement of Overriding Considerations with regard to the project. If there is a feasible alternative to the project, the decision makers must decide whether it is environmentally superior to the project. Proposed project alternatives considered must be ones that "could feasibly attain the basic objectives of the project." However, the CEQA Guidelines also require an EIR to examine alternatives "capable of eliminating" environmental effects even if these alternatives "would impede to some degree the attainment of the project objectives" (CEQA Guidelines, section 15126). The City has properly considered and reasonably rejected a reasonable range of project alternatives as "infeasible" pursuant to CEQA. CEQA provides the following definition of the term "feasible" as it applies to the findings requirement: "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." [Pub. Resources Code section 21061.1] The CEQA Guidelines provide a broader definition of "feasibility" that also encompasses "legal" factors. CEQA Guidelines section 15364 states, "The lack of legal powers of an agency to use in imposing an alternative or mitigation measure may be as great a limitation as any economic, environmental, social, or technological factor." (See also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 [276 Cal.Rptr. 410].) c;{ <<- ?3 53 Accordingly, "feasibility" is a term of art under CEQA and thus may not be afforded a different meaning as it may be provided by Webster's dictionary or any other sources. Moreover, Public Resources Code section 21081 governs the "findings" requirement under CEQA with regard to the feasibility of alternatives. Specifically, no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the proj ect is approved or carried out unless the public agency makes one or more of the following findings: (I) "[ c ]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR." [CEQA Guidelines section 15091, subd. (a)(I)] (2) "such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. [CEQA Guidelines section 15091, subd. (a)(2)] (3) "[s]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR." [CEQA Guidelines section 15091, subd. (a)(3)] The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (City of Del Mar v. City of San Diego (1982) 133 CaI.App.3d 410, 417 [183 Cal.Rptr. 898]) '" [F]easibility' under CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (Ibid.; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704,715 [29 Cal.Rptr.2d 182]) These findings contrast and compare the alternatives where appropriate in order to demonstrate that the selection of the finally approved project, while still resulting in significant environmental impacts, has substantial environmental, planning, fiscal, and other benefits. In rejecting certain alternatives, the decisionmakers have examined the finally approved project objectives and weighed the ability of the various alternatives to meet the objectives. The decisionmakers believe that the project best meets the finally approved project objectives with the least environmental impact. The detailed discussions in Sections 2.0 and 3.0 demonstrate that all but five significant environmental effects of the project have been either substantially lessened or avoided through the imposition of existing policies or regulations or by the adoption of additional, formal mitigation measures recommended in the FEIR. The remaining unmitigated impacts include the following: . Cultural resources . Traffic c1 tL ("f 54 . Noise . Air quality . Energy Thus, the City can fully satisfy its CEQA obligations by determining whether any alternatives identified in the FEIR are both feasible and environmentally superior with respect to the impacts listed above. (Laurel Hills, supra, 83 Cal.App.3d at 519-527; [147 Cal.Rptr. 842]; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 730-731 [270 Cal.Rptr. 650]; and Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Cal.3d 376, 400-403 [253 Cal.Rptr. 426].) As the succeeding discussion will show, no identified alternative qualifies as both feasible and environmentally superior with respect to unmitigated impacts. To fully account for these unavoidable significant effects, and the extent to which particular alternatives might or might not be environmentally superior with respect to them, these findings will not focus solely on the impacts listed above, but may also address the environmental merits of the alternatives with respect to all broad categories of impacts--even though such a far-ranging discussion is not required by CEQA. The findings will also assess whether each alternative is feasible in light of the City's objectives for the Urban Core Specific Plan. The City's review of project alternatives is guided primarily by the need to reduce potential impacts associated with the UCSP, while still achieving the basic objectives of the project. The City's primary objectives are included in Section III above. The City evaluated three alternatives to the proposed project, the No Project Alternative, the Reduced Project Alternative, and the Automobile Priority Alternative. Each of these alternatives is discussed below. 4.1 No Project Alternative Section 15126, subdivision (d)(4), of the CEQA Guidelines requires the evaluation of the "No Project" Alternative. Such an alternative "shall discuss the existing conditions, as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services." The No Project alternative would continue to implement the current adopted Municipal Code Zoning in the Subdistricts Area of the UCSP. Under the No Project Alternative, it is estimated that approximately 1,000 additional residential units could be built in the 690-acre Subdistricts Area. This number was estimated from the GPU FEIR No Project alternative (page 617) which identified capacity for approximately 1,429 additional residential units allowed under the "former" 1989 General Plan and implementing zoning when compared to the existing condition. This remaining residential capacity of 1,429 related to the Urban Core Subarea of the Northwest Planning Area of the GPU. The extent of the UCSP Subdistrict Area is approximately 67 percent of the larger Urban Core c2~~ 55 Subarea described in the GPU FEIR as 1,031 acres. In addition, the No Project Alternative is anticipated to allow additional commercial and office growth compared to the existing condition, considering the underutilized extent of many of the commercially zoned properties throughout the UCSP Subdistricts Area. Imoacts: The current zoning conforms to the former General Plan, rather than the currently adopted General Plan Update (GPU). California law requires zoning ordinances to be consistent with the adopted GPU. Therefore, the No Project Alternative would result in the zoning for the Subdistricts Area of the UCSP being inconsistent with the GPU. Impacts to land use resulting from implementation of the No Project Alternative would thus be greater than those identified for the proposed UCSP because of inconsistency of existing Municipal Code Zoning with the adopted GPD. Proportional to the decrease in allowable population and building intensity, the No Project Alternative would reduce impacts to landform alteration/aesthetics, hydrology and water quality, traffic circulation and access, air quality, noise, and public services and utilities compared to the proposed UCSP. Impacts associated with cultural resources, geology and soils, paleontological resources, and hazards/risk of upset would be roughly equivalent to those identified for the proposed UCSP given that the footprint of the impact area is roughly the same for both scenarios. The basis for concluding no significant population and housing impacts for the No Project Alternative would be the same as that for the proposed UCSP. In both scenarios, displacement of people and housing which might occur during new development and redevelopment would not necessitate the construction of replacement housing elsewhere. Because the No Project Alternative still entails growth within the City, cumulatively significant impacts to cultural resources, air quality and energy, although reduced, would remain significant and unavoidable. And while direct significant unavoidable impacts to air quality and energy may be lessened in the No Project Alternative compared to the proposed UCSP, these environmental effects would remain significant and unmitigable given existing noncompliance and resource limits. Findinl!s: Although the No Project Alternative is considered environmentally preferable to the proposed project given the reduction in impacts to aesthetics, water quality, traffic, noise, air quality, public services, and public utilities, it would not accomplish any of the primary objectives of the proposed project and it would be inconsistent with the adopted General Plan Update. The No Project Alternative would not meet the following objectives: . Create the tools necessary to implement the General Plan Update's vision for the urban core through preparation of a comprehensive set of new zoning classifications and updated development regulations and standards for mixed-use developments. The No Project Alternative comprises zoning which implements the former, outdated, General Plan and not the adopted General Plan Update. In order to accomplish the ~ 4--4? 56 GPU vision for the urban core, new mixed-use zoning classifications and land use development regulations are needed. Current zoning classifications and development regulations prohibit mixed use and are thus in conflict with the adopted General Plan Update and California law which requires zoning ordinances to be consistent with the relevant adopted general plan. . Develop updated design guidelines unique to the individual districts in the urban core that implement the urban form and create the active urban environment envisioned by the General Plan Update. Updated design guidelines for implementing the GPU vision for the urban core are not provided in the No Project Alternative. In the absence of the proposed project, development design for the urban core is guided by the outdated former general plan and/or, for the portion of the project area overlain by a redevelopment plan, the existing Town Centre I Design Manual and guidelines in the Merged Plan Summary. In either case, guidelines are not provided that implement the urban form envisioned in the GPU for the urban core or create a vibrant, distinct, pedestrian-friendly urban environment, a key objective of the GPU and UCSP. . Establish a Plan implementation program for the provision of community benefits such as public infrastructure, mobility improvements, and urban amenities that enhance the quality of life for the community. The No Project Alternative represents less mixed use than the proposed UCSP. As such, it fails to provide the necessary mix ofland uses sufficient to support exemplary community services, facilities, and amenities. The proposed UCSP represents a substantial increase in commercial square footage and multi-family residential units over the No Project Alternative. Therefore, the No Project Alternative provides less of an opportunity for the expansion of the local economy and makes it more difficult to sustain a strong economic base. Furthermore, a Reduction in density, as allowed under the No Project Alternative, would provide insufficient density in the urban core to support transit facilities and to promote pedestrian-oriented land use design. . Facilitate revitalization of the downtown and surrounding commercial and residential areas by increasing certainty and predictability for all stakeholders that assures quality outcomes and streamline the development entitlement process. The No Project Alternative would retain the existing land use zoning classifications in the urban core. This results in land use regulations that support substantially fewer residential units and commercial square footage in the urban core relative to the proposed Plan thereby making it less likely that redevelopment and revitalization would occur. For these reasons, the City Council concludes that the No Project Alternative is not feasible. (See City of Del Mar, supra, 133 Cal.App.3d at 417; Sequoyah Hills, supra, 23 c:1?L ~ 1 57 Cal.AppAth at 715.) For additional discussion regarding the No Project Alternative, see Chapter 10.1 of the FEIR. 4.2 Reduced Project Alternative The Reduced Project Alternative represents less residential development than the proposed project in areas currently restricted to retail use along the downtown segments of Third Avenue, along E Street in the vicinity of Third and Fourth Avenues, and decreased residential and transit-oriented uses in the vicinity of major transit corridors, over the proposed UCSP. The Reduced Project Alternative comprises a 25 percent reduction in the projected buildout of the proposed UCSP through 2030. This alternative does not change the proposed land uses, nor affect land use density. Under this alternative, a total of 9,025 residential units could be built in the UCSP Subdistricts Area rather than the 10,800 projected under the GPU and implemented by the proposed UCSP. This would result in a net increase of 5,325 residential units within the UCSP Subdistricts Area, compared to the net increase of 7,100 allowed in the proposed UCSP. Table 10-2 provides a comparison of projected buildout under the Reduced Project Alternative and the proposed UCSP. The purpose of this alternative is to reduce the impacts that would result from the adoption of the proposed plan as they relate to intensity of use. Impacts: Proportional to the decrease in intensity proposed under the Reduced Project Alternative, impacts would be reduced to landform alteration/aesthetics, traffic circulation and access, noise, air quality, public services, and public utilities. Significant impacts associated with cultural resources, geology and soils, paleontological resources, and hazards/risk of upset would be equivalent to those identified for the proposed UCSP given that the footprint of the impact area is roughly the same in both scenarios. Significant water quality impacts would also be roughly equivalent, given the approximate sameness in impermeable surface area. As with the proposed UCSP, the Reduced Project Alternative would not result in significant land use or population and housing impacts. In both scenarios, new zoning would conform to the adopted General Plan and displacement of people and housing which might occur during new development and redevelopment would not necessitate the construction of replacement housing elsewhere. While significant direct impacts to cultural resources, traffic, air quality, noise and energy may be lessened in the Reduced Project Alternative, environmental effects would remain significant and unmitigable for cultural resources, air quality and energy given existing noncompliance and resource limits. Because the Reduced Project Alternative accommodates growth within the City, cumulatively significant impacts to cultural resources, air quality and energy, although reduced, would also remain significant and unavoidable. Findine:s: c:ld- to3 58 This alternative would specifically reduce impacts to landform alteration/aesthetics, traffic, air quality, noise, and public utilities and services. Although the Reduced Project Alternative is considered environmentally superior to the proposed project, it would fail to meet the most critical Project Objectives related to smart growth principles such as infill development and reduction of urban sprawl as described below. The City rejects the Alternative because it does not meet most of the basic Project Objectives as effectively as the Project. . Create the tools necessary to implement the General Plan Update's vision for the urban core through preparation of a comprehensive set of new zoning classifications and updated development regulations and standards for mixed-use developments. In order to accomplish the GPU vision for the urban core, new mixed-use zoning and higher density residential classifications and land use development regulations as outlined in the GPU are provided for in the UCSP. While the Reduced Project Alternative would retain similar land use classifications, it would not provide for buildout as envisioned by the adopted General Plan Update. The Reduced Project Alternative would be unlikely to achieve some of the most critical objectives of the entire Project. Specifically, this alternative would make it more difficult to achieve the infill/smart growth objectives of the Project. The lowering of allowable intensities could slacken development interest in the community becauseallowing for higher- density development is a key factor associated with successfully achieving infill development. If allowable development capacity is reduced to a point where it is comparable with levels allowable in the subilrban areas, development is more likely to occur there since it is generally more expensive and difficult to build in an urbanized area. As such, the alternative would likely lead to greater urban sprawl in the eastern portions of the City. The Reduced Project Alternative would also be in conflict with the California State Planning and Zoning Law that requires zoning ordinances to be consistent with the relevant adopted general plan. . Establish a Plan implementation program for the provision of community benefits such as public infrastructure, mobility improvements, and urban amenities that enhance the quality of life for the community. Recognizing that revenue is proportional to intensity of use, reduced intensity, as represented by the Reduced Project Alternative would result in reduced revenues and make it more difficult for the City to sustain services, facilities and amenities. While this alternative permits mixed uses, doing so in a lesser intensity than that envisioned in the proposed Plan may limit the ability of the City to support the transit and pedestrian improvements envisioned in the GPU and proposed UCSP because of reduced population and building intensity. Higher population and building intensity help promote pedestrian, bicycle, and transit-oriented development. By limiting commercial and residential opportunities and reducing critical mass relative to the proposed Plan, the Reduced Project Alternative provides diminished opportunity and incentive for revitalization that in turn helps facilitate the provision of needed public improvements and amenities in an area determined to be blighted. c1 c:e.. ~ 'I 59 For these reasons, the City Council concludes that development consistent with the Reduced Project Alternative is not feasible. (See City of Del Mar, supra, 133 Cal.App.3d at 417; Sequoyah Hills, supra, 23 Cal.App.4th at 715.) For additional discussion of the Reduced Project Alternative, see Section 10.2 of the FEIR. 4.3 Automobile Priority Alternative The Automobile Priority Alternative involves the design and designation of area roadways such that the adverse traffic effects identified for the proposed UCSP would be lessened and traffic flow would take priority over pedestrian oriented design. Under this alternative, land use densities and intensities would be the _same as with the proposed UCSP, but certain pedestrian-oriented streetscape design features would be eliminated in order to maximize traffic flow. The only impacts that would change in this alternative would be related to traffic flow. The purpose of this alternative is to reduce impacts associated with automobile traffic, circulation and access to a level below significant. The proposed UCSP identifies roadway improvements that would result in UCSP intersections and street segments operating at LOS D or better. As indicated in the traffic analysis conducted for the UCSP, even with the suggested improvements, the roadway segment of Third Avenue between E and G Streets and three intersections would operate at LOS E. These intersections include: . Broadway/H Street . Hilltop Drive/H Street . Third A venue/] Street Additional traffic improvements to mitigate decline in the LOS for these intersections and street segment was not included in the proposed UCSP because of conflicts with plan objectives and right-of-way constraints. Guiding principles of the UCSP are based on smart growth strategies, SANDAG's Regional Transportation Plan (or MOBILITY 2030), and SANDAG's Congestion Management Program, which advise new development to maximize density, reduce automobile congestion by increasing pedestrian, cycling, and public transit activity, and allow residents to enjoy short walking distances to and from employment, housing, shopping, entertainment, and different modes of transportation. In order to fully mitigate traffic impacts within the Subdistricts Area, the UCSP would have had to implement a traffic mitigation measure that conflicts with the plan's primary objective, thus sacrificing pedestrian-friendly design for automobile-preferred design. In addition, some of these improvements could require additional right-of way that is currently developed with existing commercial and residential uses, which could not be assured at this time. At the Broadway/H Street intersection (Int. #27), an additional northbound and southbound through lane would be required in order to achieve an acceptable LOS D c< 4- 1G) 60 conditions. However, this improvement would require extensive widening of Broadway and H Street to allow for lane drops. The Automobile Priority Alternative would include this widening. It would, as a result, create longer pedestrian crossings. At the Hilltop Drive/H Street intersection, the proposed UCSP includes no improvements due to right-of way constraints. The poor LOS at this intersection is primarily caused by the high traffic volumes in the eastbound/westbound movements. Additional through and/or turn lanes would be required in order to improve this intersection to an acceptable LOS. The Automobile Priority Alternative would include this improvement. At the Third Avenue/J Street intersection, the proposed UCSP includes no improvements due to right-of way constraints. The required improvement is an additional southbound right-turn lane. The Automobile Priority Alternative would include this improvement. Impacts: The Automobile Priority Alternative would reduce impacts associated with automobile traffic, circulation and access to a level below significant. This impact was determined to be significant and unmitigable for the proposed UCSP. All other environmental impacts would be identical to those associated with the proposed UCSP, including landform alteration/aesthetics, cultural resources, geology and soils, paleontolgoical resources, water quality, noise, air quality, public services, energy, and hazards/risk of upset. Findinl!:s: While significant, unmitigated traffic impacts would be avoided by the Automobile Priority Alternative, key Project Objectives, as described below, would not be accomplished. The City rejects the Alternative because it does not meet most of the basic Project Objectives as effectively as the Project. . Develop updated design guidelines unique to the individual districts in the urban core that implement the urban form and create the active urban environment envisioned by the General Plan Update. The GPU envisions a lively, pedestrian-friendly environment for the urban core, and borrows from smart growth principles contained in the Regional Comprehensive Plan and Regional Transportation Plan. These principles outline the need for different transportation modalities including pedestrian, bicycling, and public transit. Smart growth principles place priority on non-automotive forms of mobility as a means to promote higher quality of life and wiser use of limited natural resources. By including design provisions that maximize traffic flow and prioritize the automobile experience, the Automobile Priority Alternative limits the City's ability to implement the pedestrian-friendly streetscape and other improvements envisioned in the GPU and proposed UCSP. cla-1J 61 . Establish a Plan implementation program for the provision of community benefits such as public infrastructure, mobility improvements, and urban amenities that enhance the quality of life for the community. By including design provisions that maximize traffic flow and pnontlze the automobile experience, the Automobile Priority Alternative limits the City's ability to implement the pedestrian-friendly streets cape improvements, diminishes opportunities to provide other modes of transport (walking, bicycles, and transit), and other public amenities envisioned in the GPU and proposed UCSP. . Facilitate revitalization of the downtown and surrounding commercial and residential areas by increasing certainty and predictability for all stakeholders that assures quality outcomes and streamline the development entitlement process. A strategy inherent in this objective is the design of roadways and streetscapes that slow traffic down and allow a friendly pedestrian experience that invites greater patronage of streetside businesses. The Automobile Priority Alternative, by placing emphasis on increasing traffic flow through the Plan area, would contradict this key objective. For these reasons, the City Council concludes that development consistent with the Automobile Priority Alternative is not feasible. (See City of Del Mar, supra, 133 Cal.App.3d at 417; Sequoyah Hills, supra, 23 Cal.AppAth at 715.) For additional discussion of the Automobile Priority Alternative, see Section 10.3 of the FEIR. Environmentally Superior Alternative CEQA requires that an FEIR identify the environmentally superior alternative among all of the alternatives considered, including the proposed project. If the No Project alternative is selected as environmentally superior, then the FEIR also shall identify an environmentally superior alternative among the other alternatives. The environmental analysis of project alternatives presented in the FEIR indicates, through a comparison of potential impacts from each of the proposed alternatives and the proposed Project, that the Reduced Project Alternative would be environmentally superior because impacts identified for the proposed Project would be reduced. However, the Reduced Project Alternative would not fully implement the City's General Plan Update, which is a primary objective of the project. The findings as to the infeasibility of selecting the Reduced Project Alternative are provided above in 4.2. Reduced Project Alternative. c!~ 7~ 62 5.0 Project Effects Found Not to be Significant impacts related to the following criteria were found not to be significant, as a result of the analysis conducted for the FEIR. The basis for the conclusion as to the effect relative to those criteria is provided on the referenced pages of the FEIR. Pa!!e Location in FEIR Land Use Criterion 1: Conflict with any applicable land use plan, 5-19 through 5-34 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. Criterion 2: Physically divide or adversely affect the 5-35 through 5-45 community character of an established community. Landform Alternation! Aesthetics Criterion 1: Have a substantial adverse effect on a scenic vista, 5-57 through 5-60 or substantially damage scenic resources, including, but not limited to, trees, and rock outcroppings and historic buildings within a scenic highway. Population and Housing Criterion I: Induces substantial population growth in an 5-126 through 5-127 area, either directly or indirectly Criterion 2: Displaces substantial numbers of existing 5-127 through 5-128 I. housing, necessitating the construction or replacement of housing elsewhere Criterion 3: Displaces substantial numbers of people, 5-128 necessitating the construction or replacement of housing elsewhere Hydrology and Water Quality Criterion 2: Substantially deplete groundwater resources or 5-141 aquifer recharge areas Criterion 3: Substantially alter the existing drainage pattern 5-141 through 5-142 of the site or area or substantially increase surface runoff in a manner which would result in on-or off-site flooding or exceed capacity of existing drainat1e systems Air Quality Criterion 2: Violate any air quality standard or contribute 5-220 substantially to an existing or proiected air quality violation. Criterion 5: Create objectionable odors affecting a 5-238 substantial number of people. Public Utilities - Water Criterion 1: Result in insufficient supplies of potable water 5-271 through 5-272 to meet the potential demands represented bv the =fa.. 1--5 63 implementation of projects completed in conformance to the UCSP. Criterion 2: Require or result in the construction of new 5-272 through 5-273 water treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Public Utilities - Integrated Waste Mana2:ement Criterion 1 : Be served by landfills with insufficient 5-281 permitted capacity to accommodate the proj ecl' s solid waste disposal needs. Hazards/Risk of Upset Criterion 2: Place potential hazardous emitters or materials in 5-307 close proximity to sensitive receivers or be located in close proximity to a hazardous materials site. Criterion 3: Impair the implementation of or physically 5-307 through 5-308 interfere with an adopted emergency response plan or emergency evacuation plan. Mineral Resources 9-1 Biological Resources 9-1 Agriculture 9-1 o? tL 11- 64 6.0 Statement of Overriding Considerations CEQA allows a public agency to approve a project with significant, unavoidable impacts if the agency finds that the project will provide overriding economic, social, or other benefits. 6.1 Significant Unavoidable Adverse Impacts The project would have significant, unavoidable impacts on the following areas, described in detail in these Findings of Fact: . Cultural resources . Traffic, circulation and access . Noise . Air quality . Energy The City has adopted all feasible mitigation measures with respect to these impacts. Although in some instances these mitigation measures may substantially lessen these significant impacts, adoption of the measures will not, in some cases, fully avoid the impacts. . The City has also examined a reasonable range of alternatives to the project. Based on this examination, the City has determined that none of these alternatives meet project objectives. Despite the occurrence of significant adverse unavoidable environmental impacts, the City Council chooses to approve the Project because, in its view, the economic, social, and other benefits that the project will provide will render the significant effects acceptable. The City has adopted this "statement of overriding considerations" pursuant to CEQA Guidelines sections 15043 and 15093. This statement allows a lead agency to cite a project's economic, social, or other benefits as a justification for choosing to allow the occurrence of specified significant environmental effects that have not been avoided. 6.2 Considerations in Support of Overriding Considerations The following statement explains why, in the agency's judgment, the project's benefits outweigh the unavoidable significant effects. Where another substantive law (e.g., the California and Federal Clean Air Act) prohibits the lead agency from taking certain actions with environmental impacts, a statement of overriding considerations does not relieve the lead agency from such prohibitions. Rather, the decisionmaker has recommended mitigation measures based on the analysis contained in the final ErR, c{c01S 65 recogmzmg that other resource agencIes have the ability to Impose more stringent standards or measures. Although CEQA does not require lead agencies to analyze "beneficial impacts" in an EIR, the City Council recognizes that decisionmakers benefit from information about project benefits and has cited these benefits here, pursuant to CEQA Guidelines 15093. Anyone of the reasons for approval cited below is sufficient to justify approval of the Proj ect. The substantial evidence supporting the various benefits can be found in the preceding Findings, which are incorporated by reference into this Section, and in the documents found in the Record of Proceedings, as defined in Section 1.3. The City finds that the project would have the following substantial social, environmental, and economic benefits: 1. Growth will be targeted to serve community need and enhance the quality of life. The project will offer opportunities to live in safe and attractive neighborhoods; share in vibrant urban activities; work in healthy business environments; and enjoy ample cultural and civic amenities and recreational facilities. The pattern of development established by the UCSP - focuses on "smart growth principles" established by the 2005 General Plan Update to improve the quality of life for City residents and to reduce urban sprawl by providing well planned infill development Citywide, allowing for increased density in selected areas along established transportation corridors. Growth will be targeted to areas of Chula Vista that are well served by public traJlsit and that provide opportunities for residences, retail businesses, and employment centers to be located close to one another. This approach to development encourages street- level economic development by putting pedestrians in close proximity to retail, restaurant, and commercial/office uses. Residents could work, live, shop, and play in transit-oriented areas, thereby encouraging economic growth and reducing automobile dependence. In this way, the Project promotes smart growth principles that call for compact, pedestrian-friendly neighborhoods that minimize the amount of open space lands that would be converted to urban uses. This approach to development reduces new vehicle trips resulting from new development and correspondingly, reduces traffic and associated air pollutant emissions. In this respect, this pattern of development benefits Chula Vista as well as the surrounding region. 2. The project will provide for a vibrant urban area. The project lays the foundation for providing a mixture of commercial, residential, civic and cultural amenities which will add to Chula Vista's character and secure its standing as the primary hub of the South Bay area. 3. The project will help meet a projected long-term regional need for housing through the provision of additional housing. SANDAG housing capacity studies indicate a shortage of housing will occur in the region within the next 20 years. The project would allow the development of an additional 7,100 dwelling =fa. 1~ 66 units. Reflecting a shortfall in residentially zoned land, the cost of housing has risen disproportionately in recent years to the cost of other uses in the project area (e.g., commercial, industrial). Because the project will increase the spatial extent and density of land designated for residential development by providing for mixed use zoning that allows residential uses to co-occupy blocks or parcels previously confined to commercial and office uses, it may additionally help to reduce the regional cost of housing. Thus, the Urban Core Specific Plan will result in additional housing that will promote affordability and socioeconomic diversity, two features the City finds both important and desirable. 4. The project will connect and integrate the urban core activity centers and neighborhoods with the bayfront and eastern Chula Vista. Through a network of local transportation services such as the trolley, intra-city express and shuttle loops, and expanded bus routes, the project will re-connect and integrate the urban core activity centers and neighborhoods with the bayfront and eastern Chula Vista. The Urban Core Specific Plan will also provide a system of bicycle and pedestrian paths that connect neighborhoods, activity centers, and recreation facilities throughout the urban core. 5. The project will provide the tools necessary to implement the General Plan Update. The vision established for the urban core through preparation of the General Plan Update will be implemented through a comprehensive set of new zoning classifications and updated development regulations and standards for mixed-use developments; develop updated design guidelines unique to the individual districts in the urban core that implement the urban form and create the active urban environment envisioned by the General Plan Update; and facilitate revitalization of the downtown and surrounding commercial and residential areas by increasing certainty and predictability for all stakeholders that assures quality outcomes and streamline the development entitlement process. 6. Land use and transportation policy will help grow the local economy and create opportunities for new businesses. The UCSP allows for up to 3.6 million square feet of net new nonresidential development in the form of commercial, office, and visitor serving uses. This additional space will add opportunities to create new jobs, building improvements, retention of the existing companies, a diverse economy, and infrastructure. Chula Vista's growth has resulted in many beneficial effects, principally the development of businesses that provide jobs and economic stability, creation of housing units affordable to a broad range of household incomes, the growth of educational institutions, and the vibrancy that results from a diverse, multi-ethnic and cultural community. 7. The project reduces adverse impacts to air quality and automobile congestion. The project area currently exceeds federal and state air quality standards for a number of emissions factors, including ozone and carbon monoxide. A substantial majority of these emissions are attributable to motor vehicles. In order to comply with the federal and California Clean Air Acts, the o?a.. 71 67 San Diego region must reduce these sources. The project is designed to reduce the adverse impact to air quality and automobile congestion by encouraging use of alternative modes of transportation such as walking, biking and the use of public transit. 8. Implementation of the project will promote the use of conservation technologies and sustainability practices that reduce or eliminate the use of non-renewable resources. The Urban Core Specific Plan requires the submittal of a Leadership in Energy and Environmental Design (LEED) scorecard with application for an Urban Core Development Permit. Projects that meet selected green building Criterion will be awarded incentives. The project thus promotes local non-polluting and renewable energy, water, and material resources in a way that allows the City to meet their present needs while ensuring future generations the ability to meet their needs. 9. Implementation of the project will provide significant community facilities. The project will establish a Plan implementation program for the provision of significant community facilities and benefits such as public infrastructure, mobility improvements, and urban amenities that enhance the quality of life for the community. As the plan is implemented, it will be responsible for constructing public facilities and infrastructure to serve the Urban Core Specific Plan area. These facilities include: a. Improvements to the local circulation system; b. Schools serving western Chula Vista; c. Public parks and urban green spaces; d. Water line, drainage, and sewer infrastructure improvements. For these reasons, the City Council finds there are economic, social, and other considerations resulting from the project that serve to override and outweigh the project's unavoidable significant environmental effects and, thus, considers the adverse unavoidable effects acceptable. c{?t.. 1? 68 EXHIBIT B o? t:V 11 CHULA VISTA URBAN CORE SPECIFIC PLAN MITIGATION MONITORING REPORTING PROGRAM Introduction This mitigation monitoring reporting program (MMRP) was prepared for the City of Chula Vista Urban Core Specific Plan to comply with Public Resources Code section 21081.6, which requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. This monitoring program is dynamic in that it will undergo changes as additional mitigation measures are identified and additional conditions of approval are placed on the project throughout the project approval process. Pursuant to Public Resources Code section 21081.6(a)(2), the City of Chula Vista designates the Environment Review Coordinator and the City Clerk as the custodians of the documents or their material which constitute the record of proceedings upon which its decision is based. This monitoring program will serve a dual purpose of verifying completion of the mitigation identified in the EIR and generating information on the effectiveness of the mitigation measures to guide future decisions. The program includes the following: . Monitor qualifications . Specific monitoring activities . Reporting system . Criteria for evaluating the success of the mitigation measures The proposed project is the adoption of the Chula Vista Urban Core Specific Plan (UCSP). The UCSP would govern the development and revitalization of the urban core of the City of Chula Vista. The UCSP includes land use objectives, development regulations (zoning), and development design guidelines to implement the adopted General Plan vision for the urban core. The UCSP's planning horizon is the year 2030. The City of Chula Vista is located in southern San Diego County, between National City and the southernmost portion of the City of San Diego which abuts the U.S.-Mexican border. The UCSP area occupies 1,700 acres in the northwest portion of the City. A smaller, 690-gross-acre Subdistricts Area was determined to be most in need of revitalization and is the focus of all the regulatory land use provisions of the UCSP. The new zoning, development standards, and design guidelines proposed in the UCSP will apply only to the Subdistricts Area of the UCSP. Existing zoning and land use regulations will not be changed in the remaining portion of the UCSP study area outside the Subdistricts Area. The UCSP Subdistricts Area comprises the traditional downtown area east of 1-5, west of Del Mar Avenue, north of L Street, and south of C Street. 1 c2 tL eft' Under the proposed Chula Vista Urban Core Specific Plan, the urban core would be organized into three planning districts (Urban Core, Village, and Corridors) and 26 subdistricts. The proposed Chula Vista Urban Core Specific Plan is described in the Environmental Impact Report (EIR) text. The EIR, incorporated herein as referenced, focused on issues determined to be potentially significant by the City of Chula Vista. The issues addressed in the EIR include land use, landform alteration/aesthetics, cultural resources, geology and soils, paleontological resources, population and housing, hydrology and water quality, traffic circulation and access, noise, air quality, public services, public utilities, and hazards/risk of upset. The environmental analysis concluded that for all of the environmental issues discussed, some of the significant and potentially significant impacts could be avoided or reduced through implementation of recommended mitigation measures. Potentially significant impacts requiring mitigation were identified for landform alteration/aesthetics, cultural resources, geology and soils, paleontological resources, water quality, traffic circulation and access, noise, air quality, public services, public utilities (energy), and hazards/risk of upset. Public Resources Code section 21081.6 requires monitoring of only those impacts identified as significant or potentially significant. The monitoring program for the Urban Core Specific Plan therefore addresses the impacts associated with only the issue areas identified above. Miticiation Monitorinq Team The monitoring activities would be accomplished by individuals identified in the attached MMRP table. While specific qualifications should be determined by the City of Chula Vista, the monitoring team should possess the following capabilities: . Interpersonal, decision-making, and management skills with demonstrated experience in working under trying field circumstances; . Knowledge of and appreciation for the general environmental attributes and special features found in the project area; . Knowledge of the types of environmental impacts associated with construction of cost-effective mitigation options; and . Excellent communication skills. Proqram Procedural Guidelines Prior to any construction activities, meetings should take place between all the parties involved to initiate the monitoring program and establish the responsibility and authority of the participants. Mitigation measures that need to be defined in greater detail will be 2 d Ii- gj addressed prior to any project plan approvals in follow-up meetings designed to discuss specific monitoring effects. An effective reporting system must be established prior to any monitoring efforts. All parties involved must have a clear understanding of the mitigation measures as adopted and these mitigations must be distributed to the participants of the monitoring effort. Those that would have a complete list of all the mitigation measures adopted by the City of Chuia Vista would include the City of Chula Vista and its Mitigation Monitor. The Mitigation Monitor would distribute to each Environmentai Specialist and Environmental Monitor a specific list of mitigation measures that pertain to his or her monitoring tasks and the appropriate time frame that these mitigations are anticipated to be implemented. In addition to the list of mitigation measures, the monitors will have mitigation monitoring report (MMR) forms, with each mitigation measure written out on the top of the form. Below the stated mitigation measure, the form will have a series of questions addressing the effectiveness of the mitigation measure. The monitors shall complete the MMR and file it with the MM fOllowing the monitoring activity. The MM will then inciude the conclusions of the MMR into an interim and final comprehensive construction report to be submitted to the City of Chula Vista. This report will describe the major accomplishments of the monitoring program, summarize problems encountered in achieving the goals of the program, evaluate solutions developed to overcome problems, and provide a list of recommendations for future monitoring programs. In addition, and if appropriate, each Environmental Monitor or Environmental Specialist will be required to fill out and submit a daily log report to the Mitigation Monitor. The daily log report will be used to record and account for the monitoring activities of the monitor. Weekly and/or monthly status reports, as determined appropriate, will be generated from the daily logs and compliance reports and will include supplemental material (i.e., memoranda, telephone logs, and letters). This type of feedback is essential for the City of Chula Vista to confirm the implementation and effectiveness of the mitigation measures imposed on the project. Actions in Case of Noncompliance There are generally three separate categories of noncompliance associated with the adopted conditions of approval: . Noncompliance requiring an immediate halt to a specific task or piece of equipment; . Infraction that warrants an immediate corrective action but does not result in work or task delay; and . Infraction that does not warrant immediate corrective action and results in no work or task delay. 3 c;( a.., g-;;{ There are a number of options the City of Chula Vista may use to enforce this program should noncompliance continue. Some methods commonly used by other lead agencies include "stop work" orders, fines and penalties (civil), restitution, permit revocations, citations, and injunctions. It is essential that all parties involved in the program understand the authority and responsibility of the on-site monitors. Decisions regarding actions in case of noncompliance are the responsibility of the City of Chula Vista. SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES The following table summarizes the potentially significant project impacts and lists the associated mitigation measures and the monitoring efforts necessary to ensure that the measures are properly implemented. All the mitigation measures identified in the EIR are recommended as conditions of project approval and are stated herein in language appropriate for such conditions. In addition, once the Chula Vista Urban Core Specific Plan has been approved, and during various stages of implementation, the designated monitor, the City of Chula Vista, will further refine the mitigation measures. 4 ~t2 P3 ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Aesthet/csNisuaf Character. To accommodate a three-fold increase in population projected for the urban core by the year 2030, redevelopment and new development within the UCSP Subdistricts Area would change the existing visual character from mostly low-rise (up to 48 feet in height) single- use commercial blocks surrounded by multi-family residential blocks, to a mix of low-rise (up to 45 feet in height) and mid-rise (up to 84 feet in height) mixed- use commercial/office and residential blocks, with high-rise structures (up to 210 feet in height) allowed in the areas surrounding the existing E Street and H Street trolley stations. Potentially significant changes to existing visual character, blue sky views, solar access, and ventilation conditions would result from this intensification in land use. To ensure avoidance of potentially significant visual character impacts, all subsequent development projects in the UCSP Subdistricts Area will be required to comply with relevant UCSP provisions, as outlined in Mitigation Measure 5.2.5-1. Mitigation Measures 5.2.5-1: All subsequent development projects in the UCSP Subdistricts Area shall comply with UCSP development regulations and design guidelines which are necessary to reduce or avoid potential impacts to landform alteration and visual quality (including blue sky views, solar access, and ventilation), and which may include but not be limited to the special development regulations for mixed-use projects (p. VI-43), the NTCD and TFA regulations (p. VI-40), and the siting and architectural design guidelines for each district (Chapter VII). Prior to approval of a subsequent development project, the Community Development Director or Planning and Building Director of the City shall identify the specific provisions of the UCSP which shall be included in the conditions of approval in order to avoid or to reduce potential impacts to below significance. 5 Time Frame of Mitigation Monitoring Reporting Agency City of Chula Vista (CCV) Prior to the approval of Urban Core Development Permit (UCDP). ~ ~ ~ l URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures ~111l. IJlttl. .. 0. ~ JC1l LP11Xt::!1l'l'Jitt:::ttG:!1li Light and Glare Effects. Light 5.2.5-2: All subsequent development projects in the sensitive activities (e.g. sleeping) could UCSP Subdistricts Area shall comply with potentially be adversely impacted by UCSP development regulations and design light or glare in excess of baseline guidelines which are necessary to reduce or conditions due to buildout of the UCSP avoid potential adverse impacts to light or and intensification of land use. glare and which may include but not be However, various provisions in the limited to the provisions included in section UCSP development regulations and 5.2.3.3 a through e of this EIR. Prior to design guidelines (UCSP Chapters VI approval of a subsequent development and VII) serve to control light and glare project, the Community Development sources and ensure that light pollution Director or Planning and Building Director of and glare would be minimal. the City shall identify the specific provisions T 'd f t r I r ht of the UCSP which shall be included in the oden,sureavOl tance"o Pbo en la t Ig conditions of approval in order to avoid or to an g are Impac s, a su sequen d' II' d I . d I t. t . th UCSP re uce potentia Ight an g are Impacts to eve opmen proJec s In e I . 'f' S bd' t . t A '11 b . d t be ow slgnl Icance. U IS rle s rea WI e require 0 comply with relevant UCSP provisions as outlined in Mitigation Measure 5.2.5- 2. Time Frame of Mitigation Monitoring Reporting Agency 6 Prior to the approval of Urban Core Development Permit (UCDP). City of Chula Vista (CCV) ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Architectural Resources. So far eleven buildings or sites within the UCSP Subdistricts Area have been locally designated or determined to be eligible to be designated as historically significant as defined in the CEQA Guidelines. Six of the eleven sites are currently listed on the Chula Vista List of Historic Sites. The other five sites were determined by a focused survey in September 2005 to be eligible for local listing. Without mitigation, demolition or substantial alteration of any of these eleven historic resources as a result of future development in accordance with the proposed UCSP would comprise a significant historical architectural resources impact. The area around Third Avenue and F Street is considered the traditional heart of the City and includes important elements of the early residential and business activities of the City. The potential for the existence of other unidentified historic properties is highly probable given the number of older commercial and residential structures throughout the UCSP Subdistricts Mitigation Measures City of Chula Vista (CCV) 5.3.5-1: For a structure listed on, or eligible for listing on, the Chula Vista List of Historic Sites or State and Federal historic registers, the project applicant shall retain the structure in- piace and maintain, repair, stabilize, rehabilitate, restore, preserve or reconstruct the structure in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (1995), Weeks and Grimmer ("Secretary's Standards"). Prior to issuance of an Urban Core Development Permit (UCDP) or other discretionary permit, the project applicant shall prepare detailed construction plans under the supervision of a qualified architectural historian or historic architect for review and approval by the Community Development Director. The Community Development Director shall retain, at the project applicant's expense, a qualified historic architect to review the plans and to certify that the project will comply with the Secretary's Standards and would not result in the loss of the structure's listing, or eli9ibility for listing, on the City, State or Federal register of historic resources. 7 Time Frame of Mitigation Prior to the approval of Urban Core Development Permit (UCDP) or other discretionary permit. Monitoring Reporting Agency ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Area. If significant historic resources occur among these unidentified structures, their loss or substantial alteration would comprise a significant historical architectural resources impact. Implementation of Mitigation Measures 5.3.5-1, 5.3.5-2 and 5.3.5-4 wouid reduce potential impacts to historic resources to below a level of significance. In some circumstances, implementation of Mitigation Measure 5.3.5-3, which provides for documentation of an historic resource, would not mitigate significant impacts to a point where clearly no significant effect on the environment would occur. In that event, a potential impact to historic resources may be significant and unavoidable. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency 5.3.5-2: Where there is substantiai evidence that it is not feasible for a structure listed on or eiigible for listing on the Chula Vista List of Historic Sites or State or Federal historic registers to be retained in-place, the project applicant shall provide for relocation and maintenance, repair, stabilization, rehabilitation, restoration or preservation of the structure in a manner consistent with the Secretary of the interior's Standards for the Interior's Standards for the Treatment of Historic Proper-ties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (1995), Weeks and Grimmer ("Secretary's Standards") at a new location subject to the approval of the City. Prior to issuance of an Urban Core Development Permit (UCDP) or other discretionary permit, the project appiicant shall prepare detailed relocation plans under the supervision of a qualified architectural historian or historic architect for review and approval by the Community Development Director. The Community Development Director shall retain, at the project applicant's expense, a qualified historic architect to review the plans and to 8 Prior to the approval of Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency City of Chula Vista (CCV) certify that the project will comply with the Secretary's Standards and would not result in the loss of the structure's listing, or eligibility for listing, on the City, State or Federal register of historic resources. 5.3.5-3: Where there is substantial evidence, as determined by CEQA Guidelines Section 15064.5 (b) (4), that it is not feasible for a structure listed on Of eligible for listing on the Chula Vista List of Historic Sites or State or Federal historic registers to be retained in- place or to be relocated to another location satisfactory to the City, the project applicant shall: Provide for documentation of the historical structure before it is removed from the development site, including but not limited to photographic documentation of the exterior and interior of the structure, and "as built" drawings of the structure according to the standards of the Historic American Building Survey (HABS, Level I). Such historical documentation shall be provided to the CVRC or RCC, as applicable, before a demolition permit is issued by the City for the structure. 9 Prior to the approval of Urban Core Development Permit (UCDP) or other discretionary permit. ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact ~i!!('lIJ~~~~~; City of Chula Vista (CCV) Mitigation Measures 5.3.5-4: For those structures 45 years or older and not previously evaluated, a determination of historic significance shall be made based on the significance criteria in Section 5.3.2 (and repeated below) prior to the issuance of a demolition permit. A site or structure may be listed on the Chula Vista List of Historic Sites if it possesses integrity (of location, design, setting, materiais, workmanship, feeling and association), and meets at least qne of the following criteria: . Is associated with events that have made a significant contribu\ion to the broad patterns of history at the local, regional, state or nationai level. . Is associated with the lives of significant persons in the past on a local, regional, state or national level. . Embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values. 10 Time Frame of Mitigation Prior to the approval of Urban Core Development Permit (UCDP) or other discretionary permit. Monitoring Reporting Agency ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Archaeological Resources. The UCSP Subdistricts Area is mapped as having low sensitivity for the occurrence of archaeological resources. Although the likelihood of encountering significant archaeological resources and human remains is low, the potential does exist. In the unlikely event that prehistoric cultural materials are found during subsurface disturbance resulting from future developments, there would be a significant archaeological impact. Mitigation Measures Time Frame of Mitigation . Has yielded or may be likely to yield, information important in history or prehistory. If a resource is determined by the City to be historically significant pursuant to the above listed criteria, Mitigation Measure 5.3.5-2, 5.3.5-3, or 5.3.5-4 shall be implemented as applicable. 5.3.5-5: The likelihood of encountering archaeological resources is low within the UCSP Subdistricts Area. The following mitigation shall only be applied to projects which involve subsurface excavation to the depth of greater than or equal to six feet, or for any project site that has not had substantial previous excavation. Prior to approval of any construction permits, including but not limited to, the first Grading Permit, Demolition Permit, and Urban Core Development Permit, the Community Development Director shall verify that the requirements for Archaeological Monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. 11 Monitoring Reporting Agency Prior to the approval of any construction permits, including but not limited to the first Grading Permit, Demolition Permit, and Urban Core Development Permit (UCDP). City of Chula Vista (CCV) ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTiNG PROGRAM (continued) Mitigation Measures Monitoring Reporting Agency . The applicant/developer shall submit documentation to the Community Development Director identifying the qualified Principal Investigator (PI) for the project and the names of all persons involved in the archaeological monitoring program, the areas to be monitored, and a construction schedule indicating when and where monitoring will occur. . During construction, the monitor shall be present full-time during soil remediation and grading/excavation/trenching activities which could result in impacts to archaeologicai resources, and shall document field activity and in the case of any discoveries. . In the event of a discovery, the Archaeological Monitor shall direct the contractor to temporarily divert trenching activities in the area of discovery and immediately notify the resident engineer or building inspector, as appropriate. The monitor shall immediately notify the PI (unless the Monitor is the PI) of the discovery and the Pi and Native American representative, if applicable, shall evaluate the significance of the resource. 12 Time Frame of Mitigation ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Monitoring Reporting Agency Time Frame of Mitigation . Once encountered, artifacts associated with an archaeological feature or deposit are required to be documented in place, analyzed in a laboratory setting and prepared for curation in accordance with CEQA provisions and local guidelines. . If human remains are discovered, work shall halt in that area and the procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shall be undertaken. 13 ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Time Frame of Mitigation Monitoring Reporting Agency Geologic Hazards. The UCSP area is potentially subject to strong ground shaking by an earthquake along the aclive Rose Canyon fault zone, or other active faults in the region. The UCSP Subdistricls Area may additionally be subject to liquefaction along its western boundary. Compressible and expansive soils also have the potential to be encountered by future development throughout the Subdistricts Area. Buildout of the UCSP would result in an increase in housing, office space, retail space, and hotels that would be subjeclto these potentially significant seismic and soils hazards. Therefore, there would be a proportionate increase in personal and property damage as the population within the urban core increases. Mitigation Measures 5.4.5-1: Prior to the approval of each subsequent development project, the project applicant shall submit a comprehensive soil and geologic evaluation of the project site to the City Engineer and/or Building Official for review and approval. The evaluation shall be prepared by a licensed geotechnical engineer in order to identify site-specific conditions and to determine whether potential soil and geologic hazards exist on the site. The evaluation shall include, but not be limited to, a delineation of specific locations where liquefiable, compressive, and expansive soils would affect structural stability and where graded slopes would expose bedrock susceptible to instability. Liquefiable, expansive, or compressive soils shall be removed from the site and shall be replaced with compacted fill. 14 Prior to the approval of any building permits, including but not limited to the Urban Core Development Permit (UCDP). City of Chula Vista (CCV) ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Time Frame of Monitoring Reporting Potential Significant Impact Mitigation Measures Mitigation Agency llI"'llfl!\_______,,'<'<__d,,__ ~_wJj~4't1_~SJi Implementation of project-specific 5.4.5-2: Prior to the issuance of a building permit for Prior to the approval of City of Chula Vista mitigation measures would be required each subsequent development project, the any building permits, (CCV) to reduce or avoid significant impacts City Buiiding Official shall verify that the including but not resulting from groundshaking, design of all structures proposed for a limited to the Urban liquefaction, and compressible and specific site comply with the requirements of Core Development expansive soils. all federal, state and iocal buiiding codes Permit (UCDP). and regulations governing earthquake safety and structural stability and with the standard practices of the Association of Structural Engineers of California. Construction on liquefiable soils could result in injuries or loss of property during ground shaking of sufficient magnitude and duration. Expansive soils within pavement, foundation, or slab subgrade could heave when wetted, resulting in cracking or failure of these development improvements. Development on compressible soils could potentially sellle under increased load and damage structures, roads, and property. 15 ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Monitoring Reporting Agency Paleontolgical Sensitivity. The UCSP area contains a large expanse of moderate paleontological resource sensitivity. Exposure or disturbance of unnamed nearshore marine sandstone and the Linda Vista Formation would potentially significantly impact paleontological resources. Because the UCSP area is fully developed with urban uses, future grading would typically be minimal except in areas with sub-garages and sub-floors. Development proposed in areas of moderate sensitivity that propose to grade in excess of 2000 cubic yards and five feet deep will require mitigation. Mitigation Measures 5.5-1: Subsequent development projects that propose grading in excess of 2,000 cubic yards and five feet depth in areas of moderate sensitivity for paieontoiogical resources shall be required to implement a pre-construction or construction monitoring program, or both, as a condition of approval. All mitigation programs shall be performed by a qualified professional paleontologist, defined here as an individual with a M.S. or Ph.D. in paleontology or geology who has proven experience in San Diego County paleontology and who is knowledgeable in professionai paleontological procedures and techniques. Fieldwork may be conducted by a qualified paleontological monitor, defined here as an individual who has experience in the collection and saivage of fossil materials. The paleontological monitor shall always work under the direction of a qualified paleontologist. 16 Time Frame of Mitigation Prior to the approval of any construction permits, including but not limited to the first Grading Permit, Demolition Permit, and Urban Core Development Permit (UCDP). City of Chula Vista (CCV) ~. ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency Pre-construction mitigation. This method of mitigation is only applicable to instances where well-preserved and significant fossil remains, discovered in the assessment phase, would be destroyed during initial ciearing and equipment move-on. The individual tasks of this program include: 1. Surface prospecting for exposed fossil remains, generally involving inspectionof existing bedrock outcrops but possibly also excavation of test trenches; 2. Surface collection of discovered fossil remains, typically involving simple excavation of the exposed specimen but possibly also plaster jacketing of large and/or fragile specimens or more elaborate quarry excavations of richly fossiliferous deposits; 3. Recovery of stratigraphic and geologic data to provide a context for the recovered fossil remains, typically including description of lithologies of fossil-bearing strata. measurement and description of the overall stratigraphic section, and photographic documentation of the geologic setting; 17 } ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Time Frame of Mitigation 4. Laboratory preparation (cleaning and repair) of collected fossil remains, generally involving removal of enclosing rock material, stabilization of fragile specimens (using glues and other hardeners), and repair of broken specimens; 5. Cataloging and identification of prepared fossil remains, typically involving scientific identification of specimens, inventory of specimens, assignment of catalog numbers, and entry of data into an inventory database; 6. Transferal, for storage, of cataloged fossil remains to an accredited institution (museum or university) that maintains paleontological collections (including the fossil specimens, copies of all field notes, maps, stratigraphic sections, and photographs); and 7. Preparation of a final report summarizing the field and laboratory methods used, the stratigraphic units inspected, the types of fossils recovered, and the significance of the curated collection. 18 Monitoring Reporting Agency ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact ejG. . U'BE$Sl~Cl Mitigation Measures Construction mitigation. Under this program, mitigation occurs while excavation operations are underway. The scope and pace of excavation generally dictate the scope and pace of mitigation. The individual tasks of a construction mitigation program typically include: 1. Monitoring of excavation operations to discover unearthed fossil remains, generally involving inspection of ongoing excavation exposures (e.g., sheet graded pads, cut slopes, roadcuts, basement excavations, and trench sidewalls); 2. Salvage of unearthed fossil remains, typically involving simple excavation of the exposed specimen but possibly also plaster jacketing of large and/or fragile specimens, or more elaborate quarry excavations of richly fossiliferous deposits; 3. Recovery of stratigraphic and geologic data to provide a context for the recovered fossil remains, typically including description of lithologies of fossil-bearing strata, measurement and description of the overall stratigraphic section, and photographic documentation of the geologic setting; 19 Time Frame of Mitigation Monitoring Reporting Agency ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Time Frame of Mitigation Monitoring Reporting Agency Mitigation Measures 4. Laboratory preparation (cleaning and repair) of collected fossil remains, generally involving removal of enclosing rock material, stabilization of fragile specimens (using glues and other hardeners), and repair of broken specimens; 5. Cataloging and identification of prepared fossil remains, typically involving scientific identification of specimens, inventory of specimens, assignment of catalog numbers, and entry of data into an inventory database; 6. Transferal, for storage, of cataloged fossil remains to an accredited institution (museum or university) that maintains paleontological collections, including the fossil specimens, copies of all field notes, maps, stratigraphic sections and photographs; and 7. Preparation of a final report summarizing the field and laboratory methods used, the stratigraphic units inspected, the types of fossils recovered, and the significance of the curated collection. 20 ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Time Frame of Mitigation Monitoring Reporting Agency Surface and Ground Water Quality. Implementation of the proposed UCSP would allow a three-fold increase in population and associated intensification of existing urban land uses which would likely result in a substantial increase in direct runoff to drainage basins, municipal storm sewer systems, and eventual drainage to surface water andlor the ocean. This runoff will likely contain typical urban runoff pollutants such as sediment, pathogens, heavy metals, petroleum products, nutrients (phosphates and nitrates) and trash. This comprises a potentially significant long-term water quality impact. The potential long-term impacts to water quality which may result from implementation of the proposed UCSP would be required to be reduced to acceptable levels through the mandatory controls imposed by local, state, and federal regulations. Mitigation Measures 5.7-1: Prior to approval of subsequent individual development projects, compliance with ali applicable federal, state and local laws and regulations regarding water quality (e.g. JURMP, SUSMP, NPDES, SWPP, and City Deveiopment and Redevelopment Projects Storm Water Manuai) shall be demonstrated to the satisfaction of the City Engineer. 21 Prior to the approval of any construction permits, including but not limited to the first Grading Permit, Demolition Permit, and Urban Core Development Permit (UCDP). City of Chula Vista (CCV) ~ ~ ""- URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency Selected provisions of the UCSP that allow and encourage native plant landscaping and sustainable building practices (water input and waste efficiencies, living roofs, bioswales, etc.) would potentially lessen future runoff volumes, flow rate and pollutant concentration. The construction activities of subsequent individual projects would also potentially cause short-term water quality impacts through direct discharge of pollutants, soil excavation/sedimentation, and through encountering of shallow groundwater during subfloor grading. This comprises a potentially significant short-term water quality impact. 5.7-2: Prior to approval of subsequent individual development projects, project applicants shall demonstrate to the satisfaction of the City Engineer that the proposed on-site storm drain systems fully mitigate drainage impacts and meet all federal, state, and regional water quality objectives and all City standards and requirements. Land development construction drawings and associated reports shall include details, notes, and discussions relative to the required or recommended Best Management Practices (BMPs). Permanent storm water BMP requirements shall be incorporated into the project design and all subsequent individual development projects are required to complete the applicable Storm Water Compliance Form and comply with the City of Chuia Vista's Storm Water Management Standards Requirements Manual. 22 Prior to the approval of any construction permits, inciuding but not limited to the first Grading Permit, Demolition Permit, and Urban Core Development Permit (UCDP). City of Chula Vista (CCV) ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Monitoring Reporting Agency 5.7-3: The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NPDES Municipal Permit, Order No. 2001-01. According to said permit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. Future projects shall comply with all applicable regulations, established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements. Further, the applicant shall file a Notice of Intent (NO I) with the State Water Resource Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall 23 Time Frame of Mitigation Prior to the approval of any construction permits, including but not limited to the first Grading Permit, Demolition Permit, and Urban Core Development Permit (UCDP). City of Chula Vista (CCV) ~ ~ ", ~ (}J URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Monitoring Reporting Agency implement a Storm Water Pollution Prevention Plan (SWPP) concurrent with the commencement of grading activities, The SWPP shall include both construction and post-construction pollution prevention and pollution control measures, and shall identify funding mechanisms for the maintenance of post-construction control measures. 5.7-4: Prior to issuance of an Urban Core Development Permit or other discretionary permit, all subsequent individual development projects shall demonstrate to the satisfaction of the Community Development Director, conformance with Mediterranean/indigenous landscaping and other relevant design recommendations provided in UCSP Chapter VII Development Design Guidelines. 24 Time Frame of Mitigation Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ '-- ~ "t.- URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Time Frame of Mitigation Road Segments and Intersections Level of Service. A substantial increase in traffic on area roadways and at area intersections will result from planned population growth in the urban core area over the next 25 years. Without the intersection and roadway improvements envisioned in the proposed UCSP, by year 2030 conditions, 2 road segments and 19 intersections would operate at unacceptable LOS E or worse during peak traffic periods. This comprises a significant traffic impact prior to mitigation. The significant impacts to intersections will be mitigated to below significance by implementation of the improvements recommended in Mitigation Measure 5.8.5-1, with the exception of #27 Broadway/H Street, #33 Hilltop Drive/H Street and #54 Third Avenue/J Street. Impacts to these 3 intersections would remain significant and unmitigated. Mitigation Measures 5.8.5 -1: Intersection Improvements. Impacts to the 19 affected intersections will be mitigated to below significance by the implementation of improvements that have been divided into three tiers for phased implementation based on need and enhancement of the overall street network. Generally, time frames associated with the tiered improvements are anticipated as short-, mid- and long-term. In each tier, the City's existing TMP will determine the order in which projects are implemented during the biannual CIP program review. The Tier 1 improvements would be included in the current CIP and subsequently monitored for improvement within the first five years of implementation of the UCSP. It should be noted that three of the intersections (#7, #16, and #21) are proposed as project features rather than as needed to improve intersection LOS and most likely will be related to and timed with impiementation of streetscape improvements along Third Avenue. 25 Three-tiered phasing of implementation based on need. Tier 1, short-term, improvements are to occur within the first five years of implementation of the UCSP or as may be modified by results of the annual Traffic Monitoring Program (TMP). City of Chula Vista (CCV) ~ f> ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact JBt:;;~:I(j ,!lont; Recommendations at intersections #27, #33, and #54 do not improve conditions to an acceptable LOS due to ROWand design constraints. The following describes the constraints at the three intersections: . At the Broadway/H Street intersection (#27), an additional northbound and southbound through lane would be required in order to achieve an acceptable LOS D conditions. However, this improvement would require extensive widening of Broadway and H Street to allow for lane drops. Furthermore, this widening wouid create longer pedestrian crossings. As such, the recommended improvements of the eastbound queue jumper lane and the additional westbound through and right-turn lanes would improve the intersection from LOS F to LOS E conditions. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency The intersection numbers in the improvements described below correspond to the intersection numbering system used in the TIA (Appendix C of this EIR): a. Tier 1 Improvements . #1 Bay Boulevardll-5 Southbound Ramp/E Street: Add an eastbound through and right-turn lane, southbound right-turn lane, and northbound right-turn lane. Coordination with Caltrans will be required for this improvement. . #2 1-5 Northbound Ramp/E Street: Add a westbound right-turn lane. Coordination with Caltrans will be required for this improvement . #7 Third Avenue/E Street: Convert the northbound and southbound shared right- through lane into exclusive right-turn lanes. . #16 Third Avenue/F Street: Separate the southbound shared through-right lane into an exciusive through and right-turn lanes, convert the northbound shared through- right lane into an exclusive right-turn lane. 26 ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Monitoring Reporting Agency . At the Hilltop Drive/H Street intersection (#33), no improvements would be recommended due to ROW constraints. The poor LOS at this intersection is primarily caused by the high traffic volumes in the eastbound/westbound movements. Additional through and/or turn lanes would be required in order to improve this intersection to an acceptable LOS. With no improvements, this intersection would remain at LOS E during bolh peak periods. . At the Third Avenue/J Street intersection (#54), the required improvement of an additional southbound right-turn lane would impact the existing commercial building (Henry's Marketplace), which is buill adjacent to the sidewalk. Therefore, this improvement is not recommended. Mitigation Measures Time Frame of Mitigation . #21 Third Avenue/G Street: Convert the northbound/southbound shared through- right lane into exclusive right-turn lanes. . #24 1-5 Southbound Ramp/H Street: Add a southbound left, eastbound through and right-turn ianes. Coordination with Caltrans will be required for this improvement. . #25 1-5 Northbound Ramp/H Street: Add a westbound through and right-turn lane and restripe south approach to accommodate dual left-turn lanes. Coordination with Caltrans will be required for this improvement. . #26 Woodlawn Avenue/H Street: Change Woodlawn Avenue to a one-way couplet. This improvement is required to serve the intense redevelopment occurring on both sides of H Street. The couplet improvement is not required mitigation further north toward E Street. . #27 Broadway/H Street: Add an eastbound transit queue jumper lane and westbound through and right-turn lanes. 27 ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact !ilii~ !~ i~).!t"'1 As a result, the LOS would remain at LOS E. However, if the property were to redevelop in the future, additional ROW could be obtained for the southbound right-turn lane. While existing TransNet funding is expected to cover some of the costs of roadway and transit improvements and existing traffic signal fees currently collected as new development occurs would be applied, as appropriate, to identified signal-phasing improvements, the Facilities Implementation Analysis (FIA) has identified proposed development fees that may be needed to fund some of the recommended traffic improvements. In addition, some of the improvements will require right of way dedications either as part of the development process or concurrent with capital improvements, and/or coordination with Caltrans. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency . #28 Fifth Avenue/H Street: Change the northbound/southbound approaches to include protective plus permissive phasing and add a westbound right-turn lane. . #29 Fourth Avenue/H Street: Add an eastbound/westbound righHurn lane. . #44 Fourth Avenue/SR-54 Eastbound Ramp: Add an eastbound "righHurn iane. Coordination with Caltrans will be required for this improvement. b. Tier 2 Improvements . . #34 Broadway/SR-54 Westbound Ramp: Add a westbound right-turn lane. Coordination with Caltrans will be required for this improvement. . #59 J StreeUI-5 Northbound Ramp: Add an eastbound ieft-turn and westbound right-turn lane. Coordination with Caltrans will be required for this improvement. 28 ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency . #61 L StreeUBay Boulevard: Signalize the intersection, add a southbound left-turn lane, and a northbound right-turn overlap phase to the traffic signal. . #63 Bay Boulevardll-5 Southbound Ramp: Signalize the intersection. Coordination with Caltrans will be required for this improvement. . #64 Industrial Boulevard/I-5 Northbound Ramp: Signalize th.e intersection. Coordination with Caltrans will be required for this improvement. . H Street from four lanes to six lanes from 1-5 to Broadway c. Tier 3 Improvements . #13 Broadway/F Street: Add an eastbound right-turn lane. . #45 Fourth Avenue/Brisbane Street: Add a southbound right-turn overlap phase to the traffic signal. . #57 Second Avenue/D Street: Convert to an all-way stop controlled intersection. 29 } '- <::::,. '-.J) URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency On an annual basis during buildout of the UCSP, the City shall apply the TMP to monitor actual performance of the street system in the Subdistricts Area by conducting roadway segment travel time studies in accordance with the City's Growth Management Program and Traffic Threshold Standards. The results of the annual study under the TMP will be used by the City to determine the timing and need for implementation of improvements to the nineteen intersections identified above as having potential significant impacts. The City shall implement the intersection improvements in phases based on the results of the annual TMP and on need and enhancement to the function of the overall street network. In addition to determining timing and need, this systems and operations monitoring approach should also be used to further ascertain final design details of the intersection improvements and may include consideration of the effects on traffic flow as well as the impacts/benefits to other travel modes (e.g., pedestrians and bicycles) that are foundational to the successful implementation of the Specific Plan. 30 ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact JF j\}" The potential significant impacts to street segments will be mitigated to below significance by implementation of the improvements recommended in Mitigation Measure 5.8.5-2, with the exception of Third Avenue between E and G Streets. The significant and unavoidable impact to this street segment result from the design of the project, which is intended to reduce Third Avenue to a two-lane downtown promenade to facilitate an enhanced pedestrian environment along the traditional commercial village. Although the planned improvements would result in an unacceptable LOS, they would meet the project objectives of creating a more pedestrian friendly and active streetscape that will accommodate multi-modes of transportation rather than accommodating only the automobile. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency 5.8.5-2: Segment Improvements. During buiid-out of the UCSP, the City shall appiy the Traffic Monitoring Program (TMP) to monitor actual performance of the street system in the Subdistricts Area by conducting roadway segment travei time studies in accordance with the City's Growth Management Program and Traffic Threshold Standards. The results of the annual study under the TMP will be used by the City to determine the timing and need for implementation of improvements to the street segments identified as having potential significant impacts. The City shall implement the following street segment improvements: (1) based on the results of the annual TMP; or (2) based on need and enhancement to the function of the overall street network; and (3) in a manner that efficiently implements with phasing of necessary adjacent intersection improvements. 31 Timing of implementation based on (1) results of the annual Traffic Monitoring Program (TMP); (2) need and enhancement to the function of the overall street network; and (3) in a manner that efficiently implements with phasing of necessary adjacent intersection improvements. City of Chula Vista (CCV) ~ ~ ~ -.........: URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency 1) H Street between 1-5 and Broadway would be reclassified as a six-lane gateway. As a result, the acceptable ADT would increase and result in an acceptable LOS. 2) Third Avenue between E Street and G Street would be constructed as a two-lane downtown promenade to facilitate' an enhanced pedestrian environment along the traditional commercial village. As a result, the acceptable ADT along the segment would decrease and result in an unacceptable LOS. As such, impacts to Third Avenue will be significant and unavoidable. However, the Third Avenue corridor intersections at E, F and G Streets would all operate at an acceptable LOS. 32 ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact J Due to the long-term nature of some of the improvements, the fee program and coordination have either not been implemented or begun, respectively, whereas the right of way exactions would occur with redevelopment. While these improvements are intended to be implemented when necessary and within the Tiers noted above, their long-term implementation cannot be assured at this time. Identified significant impacts will be partially mitigated but due to the lack of funding assurances at this time, future coordination with CAl TRANS and SANDAG, and future right of way exactions, Impacts are considered significant and unmitigated. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency 5.8.5- 3:Prior to issuance of an Urban Core Development Permit, subsequent development projects shall prepare a traffic assessment to quantify the projects' potential traffic impacts. Subsequent projects will be required to contribute their fair share to the Tiered Improvements listed above under Mitigation 5.8.5.1. Mitigation may be in the form of: 1. Payment of Transportation Development Impact Fee (TDIF), as may be established in the future for the western portion of the City; 2. Payment of existing Traffic Impact Signal Fee; 3. Construction of improvements within the project boundaries; and/or 4. Early advancement of improvements beyond the project boundaries, subject to a reimbursement agreement. 33 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ G URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency The City's TDIF program for the west side of the City, including the Urban Core is anticipated to be developed within the subsequent twelve months following adoption of the UCSP. The TOIF will clearly establish the costs of the improvements identified above as well as the fair share costs to be applied to all subsequent development projects. Once the TOIF has been established, the fee will be consistently applied to all subsequent development projects, until such time that the TOIF is amended or rescinded. In the interim, if subsequent development projects are processed and approved prior to the establishment of a TOIF, a condition of approval will be included that prior to issuance of building permits the project will contribute to the TOIF, as may be established. 34 ~ ~ "- "- ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Monitoring Reporting Agency Pedestrian, Bicycling and Public Transit. The three-fold increase in population projected for the UCSP Subdistricts Area by 2030 would place greater demands on public transit services. However, provisions of the UCSP serve to benefit, rather than to deteriorate, mobility conditions for pedestrians, bicyclists and public transit users. Additionally, the UCSP does not conflict with any adopted plans or programs supporting alternative transportation. Impacts to alternative forms of transportation as a result of the proposed UCSP would not be significant nor adverse given adherence of subsequent projects to relevant regulations and guidelines of the UCSP as outlined in Mitigation Measure 5.8.5-4. 5.8.5-4: Prior to issuance of an Urban Core Development Permit for subsequent development projects, the traffic assessment prepared to quantify the projects' potential traffic impacts will also identify how alternative modes of transportation will be accommodated. Mitigation may be in the form of: 1) Compliance with the development regulations and design guidelines of the UCSP to accommodate pedestrians, bicyclists and public transit; and 2) Where applicable, construction of improvements within the project boundaries; and/or 3) Eariy advancement of improvements beyond the project boundaries, subject to a reimbursement agreement. 35 Time Frame of Mitigation Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ ~ 0\ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact A~ JG)l\iiT gQ~ti Parking. A projected total of 18,56(1 parking spaces would be required to serve future development of the proposed UCSP at build out. Potential significant impacts to parking would be reduced to below significance by the incorporation of these development regulations and design guidelines into subsequent development projects, as required as part of the UCSP design review process. Parking improvements will either be made on-site (i.e. where required of subsequent development projects), or off-site (i.e. in coordination with the City's Parking District or in Lieu Fee program). A number of other parking improvement strategies are included in the UCSP including raking buffers, parking districts and parking structures. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency 5.8.5-5: Prior to issuance of an Urban Core Development Permit, subsequent development projects shall comply with the parking standards set forth in the UCSP development reguiations and design . guidelines for the type and intensity of development proposed. 36 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ ~ '\'-- URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Time Frame of Mitigation Monitoring Reporting Agency Multi-Jurisdictional Efforts_ The proposed UCSP will result in both direct and cumulatively significant traffic impacts to, study area freeway segments and ramps. As described above under Road Segments and Intersections Level of Service, the following freeway interchanges would be significantly impacted by the proposed UCSP: . #1: Bay Boulevardll-5 SB ramp at E Street (LOS E - AM Peak, LOS F - PM Peak); . #2: 1-5 NB Ramp at E Street (LOS E -AM and PM Peak); . #24: 1-5 SB Ramp at H Street (LOS F - PM Peak); . #25: 1-5 NB Ramp at H Street (LOS F - PM Peak); . #34: Broadway at SR-54 WB Ramp (LOS F -AM Peak); . #44: Fourth Avenue at SR-54 EB Ramp (LOS F - PM Peak); Mitigation Measures 5.8.5-6: The City shall participate in a multi- jurisdictional effort conducted by Caltrans and SANDAG to assist in developing a detailed engineering study of the freeway right-of-way that will identify transportation improvements aiong with funding, inciuding federal, state, regionai, and local funding sources, and phasing, that would reduce congestion consistent with Caltrans Standards on the 1-5 South corridor from the State Route 54 (SR-54) interchange to State Route 75 (SR-75)/Palm Avenue (the "1-5 South Corridor") (hereinafter, the "Plan). Local funding sources may include fair share contributions by private development based on nexus as well as other mechanisms. The Plan required by this mitigation shall include the following: 1) The responsible entities (the "Entities") included in this effort will include, but may not be limited to the City, the Port, SANDAG, and Caltrans. Other entities may be included upon the concurrence of the foregoing Entities. 37 To coincide with multi- year planning effort that began June 2005, is ongoing and scheduled to conclude in three to five years. City of Chula Vista (CCV), in cooperation with other jurisdictions. ~ fJ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITo.RING AND REPORTING PROGRAM (continued) Potential Significant Impact ~ R "JIll:! iI~fff,. . #59: J Street at 1-5 NB Ramp (LOS F - AM Peak, LOS E - PM Peak); . #63: Bay Boulevard at 1-5 SB Ramp (LOS F - AM and PM Peak); and . #64: Industrial Boulevard at 1-5 NB Ramp (LOS F - PM Peak). The monitoring of traffic as stipulated by Mitigation Measure 5.8.5-1 will assist in establishing the need and timing for transportation improvements, including freeway-related improvements, serving the UCSP area. In addition, Mitigation MeasUre 5.8.5-3 requires subsequent development projects to prepare a traffic assessment to quantify the project's potential traffic impacts. Subsequent projects will also be required to contribute their fair share to the Tiered Improvements listed above under Mitigation 5.8.5.1. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency 2) The Plan will specifically identify physical and operational improvements to 1-5, relevant arterial roads and transit facilities (the "Improvements"), that are focused on specific transportation impacts and will aiso identify the fair share responsibilities of each Entity for the construction and financing for each Improvement. The Plan may also identify other improvements necessary to address regional transportation needs, but for purposes of this mitigation measure, the Improvements included in the Plan need only be designed to mitigate the impacts created by the Proposed Project. 3) The Plan will set forth a timeline and other agreed-upon relevant criteria for implementation of each Improvement. 38 ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact tll Mitigation of impacts will require development and regional acceptance of a feasible program to improve freeway segments and ramps in the Urban Core area. The City, along with Caltrans, and SANDAG will continue to pursue and promote improvement of the 1-5 freeway facilities adjacent to the UCSP area. The concept of promoting/requiring "fair-share" contributions on the part of developers for improvements to the freeway system will need to be addressed as part of the implementation of an acceptable program to improve freeway segments and ramps. As such, the specification of such requirements cannot be determined at this time. Mitigation Measure 5.8.5-6 was developed to ensure the continued participation in regional transportation planning efforts by the City, Caltrans, SANDAG, and other entities as may be identified. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency 4) The Plan will identify the total estimated design and construction cost for each Improvement and the responsibility of each Entity for both implementation and funding of such costs. 5) The Plan will include the parameters for any fair-share funding contributions to be implemented, that would require private and/or public developers to contribute to the costs, in a manner that will comply with applicable law. 6) In developing the Plan, the Entities shall also consider ways in which the Improvements can be coordinated with existing local and regional transportation and facilities financing plans and programs, in order to avoid duplication of effort and expenditure; however, the existence of such other plans and programs shall not relieve the Entities of their collective obligation to develop and implement the Plan as set forth in this mitigation measure. Nothing in the Plan shall be construed as relieving any Entity (or any other entity) from its independent responsibility (if any) for the implementation of any transportation improvement. 39 ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact .Il 11ft i~:!IL~ illtfU The City of Chula Vista shall continue to work with SANDAG and Caltrans on an ongoing basis to identify sources and obtain funding for a variety of transportation system improvements. Future residential growth in the Urban Core will be subject to the Regional Transportation Congestion Improvement Program, as stipulated by the Transnet legislation and will provide additional funds for improvement of the regional arterial system. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency 7) The City shall seek adoption of the Plan before the City Councii upon the completion of the muiti-jurisdictional effort to develop the Plan. The City shall report, to their governing bodies regarding the progress made to develop the Plan within six months of the first meeting of the Entities. Thereafter, the City shall report at least annually regarding the progress of the Plan, for a period of not less than five years, which may be extended at the request of the City Council. 8) The Plan shall also expressly include each Entity's pledge that it will cooperate with each other in impiementing the Plan. The failure or refusal of any Entity other than the City to cooperate in the implementation of this mitigation measure shall not constitute failure of the City to implement this mitigation measure; however, the City shall use its best efforts to obtain the cooperation of all responsible Entities to fully participate in order to achieve the goals of the mitigation measure. 40 ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Monitoring Reporting Agency Mitigation Measures Time Frame of Mitigation Exterior Noise. The UCSP would result in a significant exterior noise impact because it would result in exposure of receivers in the UCSP area to exterior noise levels that exceed the levels established by the GPU and the City's noise control ordinance. The noise threshold include exterior limits of 65 CNEL in residential areas, outdoor use areas, neighborhood parks, and playgrounds, 70 CNEL in office and professional areas, or 75 decibels for retail and wholesale commercial areas, restaurants, and movie theaters. 5.9-1: Exterior Noise Mitigation Measure. Prior to the approval of Individual development projects, projects within the UCSP area shall demonstrate that required outdoor usable open space areas are adequately shielded from transportation related noise sources so that noise levels fall below the standards set by the General Plan Update (see Figure 5.9-1 and Table 5.9-1) or do not cause an increase of greater than 3 dB(A) on an existing roadway. Noise reduction measures may include building noise-attenuating berms, walls or other attenuation measures. Future development of park facilities shall also, to the extent feasible, incorporate mitigation measures such as siting, berms, walls or other attenuation measures to reduce impacts to acceptable levels of 65-70 CNEL or less. Indication that noise levels fall below this limit shall be made to the satisfaction of the Planning and Building Director, Building Official or Community Development Director. 41 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ "-.. ~ "'-. URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Monitoring Reporting Agency Mitigation Measures Time Frame of Mitigation The siting of future parks has the potential to result in significant impacts. While park sites have not been designated, it is possible that parks could be sited next to circulation element roadways which generate noise in excess of 65 [to 70] decibels. This would be a significant impact and would require mitigation. Mitigating this impact would require the construction of noise barriers. Required barrier heights may be achieved through the construction of walls, berms, or wall/berm combinations. While noise levels at a park site would be reduced by the construction of noise barriers, these barriers are incompatible with park uses. Because the only mitigation available to reduce exterior noise impacts to parks resulting from roadway traffic is the insertion of a bariier between the source (traffic) and receiver (park), and because parks are intended to remain open (i.e., not surrounded by walls) to the community, exterior noise impacts cannot be fully mitigated. There are no feasible mitigation measures available to mitigate for the potential for parks that are to be sited next to circulation element roadways which generate noise in excess of 65-70 CNEL. Therefore, exterior noise impacts remain significant and unmitigated. 42 ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Monitoring Reporting Agency Mitigation Measures Time Frame of Mitigation Interior Noise. The adoption of the UCSP would have a significant noise impact prior to mitigation because it would result in interior noise levels that exceed 45 dB CNEL due to exterior sources for habitable rooms in residences. 5.9-2: Interior Noise Mitigation Measure. Prior to the approval of subsequent individual development projects, for any residential use immediately adjacent to a circulation element roadway, trolley or rail line, or Interstate 5, an acoustical analysis shall be compieted demonstrating to the satisfaction of the Planning and Building Director, Community Development Director or Building Officiai, that interior noise levels due to exterior sources are 45 CNEL or less in any habitable room. For residential projects where interior noise levels due to exterior noise sources exceed 45 CNEL, architectural and structural considerations such as improved window and door acoustical performance, shall be identified. 5.9-3: Interior Noise Mitigation Measure. Prior to the approval of individual development projects, projects where it is necessary for the windows to remain closed to ensure that interior noise levels meet the City's and the Buiiding Code interior standard of 45 CNEL shall demonstrate that the design for these units includes a ventilation or air conditioning system which provides a habitable interior environment with the windows closed. 43 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ ~ (i; URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Time Frame of Mitigation Monitoring Reporting Agency City Noise Ordinance. Untii specific uses are identified, conformance to the City's noise control ordinance code cannot be assured and impacts associated with this criterion are significant. The UCSP would result in a significant noise impact because it would result in exposure of receivers in the UCSP area to exterior noise levels that exceed the levels established by the City's noise control ordinance. These include exterior limits of 65 CNEL in residential areas, outdoor use areas, neighborhood parks, and playgrounds, 70 CNEL in office and professional areas, or 75 decibels for retail and wholesale commercial areas, restaurants, and movie theaters. Mitigation Measures 5.9-4: Noise Ordinance Mitigation Measure. Prior to the approval of individual development projects, commercial uses that may involve noise producing activities shail demonstrate compliance with the existing performance standards provided in the City's Noise Ordinance (Chapter 19.68.010 of the Municipal Zoning Code). Prior to project approval, subsequent projects shail also demonstrate compliance with the mixed-use provisions of Chapter VI of the UCSP that include minimization of the effects of any exterior noise impacts and provision of "internal compatibility between the different uses within the project" (UCSP, VI-44). 44 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ -t '{:.. URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Time Frame of Mitigation Moniloring Reporting Agency Air Quality Plan Consistency. The land uses proposed in he UCSP conform to the adopted GPU and are inconsistent with the former general plan upon which the State Implementation Plan (SIP) and Regional Air Quality Standards (RAQS) were based. By changing land use designations in certain areas, the recently adopted GPU failed to conform with the growth projections used by SANDAG in their generation of the air quality management plan. This is a significant adverse impact. Because the significant air impact stems from an inconsistency belween the land uses envisioned in the currently adopted GPU and the former general plan upon which the RAQS were based, the only measure that can lessen this impact is the review and revision of the RAQS based on the recently adopted GPU. The RAQS are updated every three years, and will be updated again in 2007. This effort is the responsibility of SANDAG and the APCD. Mitigation Measures The only measure that can lessen this impact to a level below significance is the review and revision of the RAQS based on the recently adopted GPU. Since the updating of the air plan is outside of the authority of the City, no mitigation is available to the City to avoid this impact. Nonetheless, the City will cooperate with SANDAG and APCD in developing updated RAQS to insure their conformance with the adopted GPU and mitigation measure 5.10.5-1 is provided as an advisory measure. 5.10.5-1: The City of Chula Vista shall recommend to SANDAG to update the RAQS in the next triennial cycle to incorporate the increased land use densities of the GPU and UCSP. 45 To coincide with SANDAG's 2007 update of the RAQS. City of Chula Vista (CCV) in cooperation with SANDAG. ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact [4 Cumulatively Considerable Net Increase. Cumulative increases in emissions in criteria pollutants for which the SDAB is not in attainment, would result from short-term construction of projects in conformance with the UCSP and from long-term emissions generated by both stationary and mobile sources within the UCSP area. Since the region is not in compliance with the PM,.. and PM10 standard, and because the average daily emission is anticipated to increase, impacts are considered significant, until the region is in compliance. Stationary source pollutant emissions would include those generated by the consumption of natural gas and electricity and the burning of wood in residential fireplaces. Vehicle traffic on area roads would generate mobiles source emissions including carbon monoxide, nitrogen oxides, and hydrocarbons. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency 5.10.5-2: Prior to issuance of an Urban Core Development Permit or other discretionary permit, all subsequent individual development projects shall demonstrate to the satisfaction of the Community Development Director, conformance with the relevant land use and development reguiations (UCSP, Chapter VI) and development design guidelines (UCSP, Chapter VII) of the UCSP which support smart growth principles such as providing a mix of compatible land uses; locating highest density near transit; utilizing compact building design and creating walkable communities; providing a range of infill housing opportunities; and increasing transportation choices. 46 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ ~ \'-. URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact I;J Mitigation Measures Monitoring Reporting Agency 5.10.5-3: Prior to issuance of an Urban Core Development Permit or other discretionary permit, all subsequent individual development projects shall demonstrate compliance with relevant land use and development regulations contained in the UCSP to minimize air pollutant emissions. These include, but are not limited to: measures aimed at promoting. pedestrian activity (Chapter V, pp. V-2- V-5); bicycle activity (Chapter V, pp. V-5 - V-7, V-9 - V- 10); public transit facilities (Chapter V, pp. VB - V-9), including the West Side Shuttle (Chapter V, pp. V-11 - V-12); and reintroduction of the traditional street grid (Chapter V, pp. V-16 - V-19). 47 Time Frame of Mitigation Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact 'I.i iJj[l,l1lnl. Mitigation is achievable for fugitive dust from shorHerm construction activities, but the only measures that would reduce those emissions from long-term daily operations are those that reduce vehicle miles traveled on area roads, The UCSP includes measures aimed at promoting alternative modes of travel including enhanced pedestrian and bicycle activity, use of transit and reducing trip lengths by siting highest density 'adjacent to key transit nodes. Implementation of mitigation measures will ensure that conformance to these provisions of the UCSP is satisfied prior to issuance of subsequent project development permits. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency 5.10.5-4: Prior to issuance of construction permits, including but not limited to, the first Grading Permit, Demolition Permit, and Urban Core Development Permit, the Community Development Director shall verify that the following active dust control practices are to be employed during construction: 1. All unpaved construction areas shall be sprinkled with water or other acceptable San Diego APCD dust control agents during dust-generating activities to reduce dust emissions. Additional watering or acceptable APCD dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. 2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. 48 Prior to the approval of any construction permits, including but not limited to the first Grading Permit, Demolition Permit, and Urban Core Deveiopment Permit (UCDP). City of Chula Vista (CCV) ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency 3. A 20-mile-per-hour speed limit on unpaved surfaces shall be enforced. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce resuspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be covered or watered. 6. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible and as directed by the City and/or APCD to reduce dust generation. 7. To the maximum extent feasible heavy- duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities and catalytic reduction for gasoline-powered equipment shall be used. 49 ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact 'I Time Frame of Mitigation Monitoring Reporting Agency Mitigation Measures 8. Equip construction equipment with prechamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of nitrogen oxide, to the extent available and feasible. 9. Electrical construction equipment shall be used to the extent feasible. 10. The simultaneous operations of multiple construction equipment units shall be minimized (i.e., phase construction to minimize impacts). With the application of these measures, significant impacts resulting from projected PM,o impacts from construction would be mitigated. Impacts resulting from daily operation would remain significant until the region is determined to be in compliance with the standard. 50 ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Ii Sensitive Receptors. The Health Risk Assessment prepared for the proposed UCSP identified cumulativeiy significant particulate emissions for sensitive receptors adjacent to Interstate 5. (See cumulative air quality discussion above). Although there is no adopted standard for sensitive receivers adjacent to Interstate 5, it was determined that air quality impacts from diesel particulates emanating from Interstate 5 would be cumulatively significant given current basin-wide noncompliance with particulate standards and projected future levels of diesel particulates emanating from 1-5. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency Cumulatively significant diesel particuiate impacts would be reduced through mitigation measures 5.10- 5-2 and 5.10.5-3 above, but not to below a level of significance. 51 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ ~ "-..:. URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Time Frame of Mitigation Monitoring Reporting Agency Law Enforcement. Future development in accordance with the proposed UCSP would result in a significant impact to law enforcement services because of the anticipated increase in calls for service and the additional travel time required to answer these calls. While the police facility at Fourth Avenue and F Street is sufficient to meet the law enforcement needs created by increased demand resulting from development, more police officers will be needed in order to maintain response times. Significant impacts would result if timing of these provisions does not coincide with projected increase in demand for services and populations growth. Implementation of mitigation measures 5.11-1-1 through 5.11.1-3 would mitigate impacts to the provisions of adequate law enforcement services resulting from the adoption of the UCSP to below a level of significance. Mitigation Measures 5.11.1-1: Subsequent deveiopment projects shall demonstrate that significant impacts to police services resuiting from an individual project are addressed prior to approval of an Urban Core Development permit or other discretionary approval. As part of project review, subsequent development projects shall be evaluated for adequate access for police vehicles (pursuant to GPU Policy PFS 6.1) and integration of Crime Prevention Through Environmental Design (CPTED) techniques (pursuant to GPU Policy PFS 6.3). 5.11.1-2: As a condition of project approval, individual developers shall pay the public facilities deveiopment impact fees (PFDIF) at the rate in effect at the time building permits are issued. 5.11.1-3: As part of the annual budgeting process, the City shall assess the need for additional police personnel to provide protection services consistent with established City service levels and commensurate with the increase in population. 52 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. Needs assessed during annual City budget review. City of Chula Vista (CCV) City of Chula Vista (CCV) City of Chula Vista (CCV) ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Time Frame of MitigatiDn MDnitDring RepDrting Agency Fire Protection. The Chula Vista Fire Department dDes nDt currently meet the threshDld standard fDr respDnse time for the City, including the UCSP Subdistricts Area. BuildDUt Df the prDpDsed UCSP wDuld increase demand for fire protectiDn services. HDwever, as pDpulatiDn growth in the service area warrants, additiDnal fire protectiDn persDnnel and fire prDtectiDn equipment and facilities wDuld be provided tD help ensure adequate service within the requirements of the GMOC threshDld standards. Significant impacts tD fire protectiDn services would result if timing Df these prDvisiDns dDes nDt coincide with projected increase in demand fDr services and pDpulatiDn grDwth. With the implementatiDn Df mitigatiDn measures 5.11.2-1 thrDugh 5.11.2-3, significant impacts tD the provisiDn Df fire protectiDn services wDuld be mitigated tD less than significant. MitigatiDn Measures 5.11.2-1: Prior tD apprDval, subsequent individual develDpment prDjects in the UCSP shall demDnstrate provisiDn Df adequate access and water pressure fDr new buildings. 5.11.2-2: As a cDnditiDn Df prDject approval, individual develDpers shall pay the public facilities develDpment impact fees at the rate in effect at the time building permits are issued. 5.11.2-3: As part Df the annual budgeting prDcess, the City will assess the need fDr additiDnal fire persDnnel tD prDvide protectiDn services cDnsistent with established City service levels and CDmmensurate with the increase in pDpulatiDn. 53 PriDr tD the apprDval Df an Urban CDre DevelDpment Permit (UCDP) Dr Dther discretiDnary permit. PriDr tD the approval Df an Urban CDre DevelDpment Permit (UCDP) Dr Dther discretiDnary permit. Needs assessed during annual City budget review. City Df Chula Vista (CCV) City Df Chula Vista (CCV) City Df Chula Vista (CCV) ~ ~ ~ ()J URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact !i Schools. The proposed UCSP will result in a three-fold increase in popu- lation within the Subdistricts Area at buildout and an associated increase in demand for schools. At buildout, the UCSP is expected to generate a net increase of approximately 3,877 students between elementary, middle school, and high school grades. The generation of approximately 2,485 addi- tional elementary students would have a significant impact on existing elemen- tary schools serving the area because they are already at or near capacity. New students generated by the UCSP would require at least 59 additional elementary school classrooms. However, potentially fewer students may result from UCSP build out or interim conditions due to the intensified urban environment of the UCSP, with new mid- to high-rise mixed uses likely to be occupied by single or childless young couples, or empty nesters. Therefore, the impacts may be overstated and will be monitored to accurately plan for new student enrollment. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency 5.11.3-1: Prior to approval, subsequent deveiopment projects in the UCSP shall demonstrate that significant impacts to public educational services resulting from the individual project have been addressed. As a condition of project approval, individual developers shall pay the statutory school impact fees at the rate in effect at the time building permits are issued. 54 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ 'tt ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Ii'JI l(lIJli\!)l~1 Libraries. Buildout of the UCSP may require additional library space in order to meet and maintain the City criteria of 500 square feet per 1,000 population and 3 books per person for new development. Based on the expected net increase in population of 18,318 with buiJdout of the UCSP, increased demand on existing library services would amount to approximately g, 159 square feet of library facilities and 54,954 books. Existing library service conditions in the City are inadequate and not in compliance with City standards. Additional library capacity is planned by 2007, however, with the construction of the 30,000-square-foot Rancho Del Rey Library. In the absence of this or other new library construction, any additional demand on library services would comprise a significant impact. Mitigation Measures Time Frame of Mitigation Monitoring Reporting Agency The following mitigation measure will mitigate library impacts resulting from the adoption of the UCSP to below a level of significance. 5.11.4-1: Prior to approval, subsequent individual development projects in the UCSP shall demonstrate that significant impacts to the provision of library services resulting from individual projects have been addressed. As a condition of project approval, individual developers shall pay the public facilities development impact fees at the rate in effect at the time building permits are issued. 55 Prior to the approvai of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Potential Significant Impact Monitoring Reporting Agency Mitigation Measures Tim.e Frame of Mitigation Parks and Recreation. Implementation of the proposed UCSP would generate increased demand for parks and recreation facilities. Full buildout of the UCSP wouid be required to provide up to approximately 55 acres of new parkland (incrementally and commensurate with new development) in order to meet the Chula Vista Municipal Code, Park Development Ordinance standard of 3 acres of parkland for every 1,000 people. A significant impact could occur if dedication of parkland and construction of new facilities does not coincide with project implementation and project population growth. Implementation of mitigation measure 5.11.5-1 would reduce impacts to the provisions of park and recreation services and facilities resulting from the adoption of the UCSP to below a level of significance. 5.11.5-1: Prior to approval of an Urban Core Development Permit, each subsequent project shall establish to the satisfaction of the Community Development Director that the project meets the City's parkland dedication requirement. As a condition of project approval, individual developers shall provide required parkland and facilities on-site, if possible and consistent with potential site locations identified in the UCSP and Parks Master Plan; or pay the applicable parkland acquisition and parkland development fee and recreation facility development impact fees at the rates in effect at the time building permits are issued. 56 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ G {'-. URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM {continued) Time Frame of Mitigation Monitoring Reporting Agency Wastewater Treatment Capacity. Based on buildout projections, impacts to the provision of sewer service would be significant. Chula Vista owns capacity in the Metro system, which provides conveyance of City wastewater flows. Increasing population will place additional demand on sewer services. While it is the intent of the City to ensure that services are provided concurrent with need, the provision of sewer services is not solely within its authority. Although the City is in the process of acquiring additional capacity from Metro, that acquisition has not yet been finalized. Based on GPU buildout projections, the City will be generating approximately 26.2 mgd of wastewater citywide by 2030 and would need to acquire additional 6.4 mgd of capacity rights by the year 2030 in order to meet citywide projected demand. Of this total, 1.57 mgd are projected to be generated in western Chula Vista, including a projected generation of 0.88 mgd for the UCSP Subdistricts Area. Mitigation Measures 5.12.2-1: Prior to the approval of subsequent individual development projects, project plans shall demonstrate that there is sufficient wastewater capacity available to serve the proposed project. Conditions of approval may require sewer capacity fees to be contributed to mitigate project-related impacts. 57 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) t ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Time Frame of Mitigation Monitoring Reporting Agency JJ Energy. Impacts to energy are considered significant because there is no long-term assurance that energy supplies will be available at buildout of the UCSP. Avoidance of energy impacts cannot be assured regardless of land use designation or population size. Although changes to planned land uses in the City would continue to implement the Energy Strategy Action Plan, San Diego Regional Energy Plan and Transit First Plan, implementation of the proposed land uses identified in the UCSP has the potential to result in significant impacts to nonrenewable and slowly renewable energy resources as a result of anticipated growth. The environmental sustainability measures of the UCSP(Chapter VI, G.) may further serve to reduce energy consumption associated with construction and occupation of structures within the UCSP area. Mitigation Measures 5.12.4-1: The City shall continue to implement the Energy Strategy Action Plan that addresses demand side management, energy efficient and renewable energy outreach programs for businesses and residents, energy acquisition, power generation, and distributed energy resources and legislative actions, and continue to implement the CO, Reduction Plan to lessen the impacts on energy. While implementation of the above mitigation measure reduces energy related impacts, because there is no assurance that energy resources will be available to adequately serve the projected increase in population resulting from adoption of the UCSP, the impact remains significant. 58 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) ~ ~ ~ ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Time Frame of Mitigalion Monitoring Reporting Agency Hazardous Materials Transport, Use Disposal or Release. Hazardous materials occur within the UCSP area and pose significant public health and safety risks during construction or long- term occupation of proposed development. Exposure to hazardous materials that exceed state andlor federal standards can occur through contact with contaminated soil or groundwater, through ingestion, skin contact or the inhalation of vapors or dust. An approximate total of 103 sites of potential hazardous concern have been identified from various federal, state and local databases as occurring within the Subdistricts Area. Mitigation Measures 5.13-1: Prior to approval of subsequent individual development projects, any project plans that propose land uses which use, transport, store, and dispose of hazardous materials shall be conducted in compliance with the relevant regulations of federal, state, and iocal agencies, including the EPA, California Department of Heath Services (DHS), and California Department of Transportation. 5.13-2: A risk assessment shall be performed at all sites within the study area where contamination has been identified or is discovered during future construction activities, and at which soil is to be disturbed, to address risks posed by any residual contamination, and to establish appropriate mitigation measures (e.g., natural attenuation, active remediation, engineering controls) that would be protective of human health and the environment. All assessment and remediation activities shall be conducted in accordance with a Work Plan that is approved by the regulatory agency having oversight of the activities. 59 Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. Prior to the approval of an Urban Core Development Permit (UCDP) or other discretionary permit. City of Chula Vista (CCV) City of Ohula Vista (CCV) ~ ~ 'Ui ~ URBAN CORE SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM (continued) Due to the presence of numerous pre- 1960s structures in the area, there is a potential that during construction or demolition, workers may come into contact with hazardous building materials{ asbestos and lead). Future development consistent with the proposed UCSP would result in significant impacts if such deveiopment allows greater contact between humans and hazards. Mitigation Measures A hazardous building materials survey should be performed at buildings in the study area prior to demolition or renovation activities. This type of survey typically addresses lead-based paint (LBP), asbestos-containing materials (ACMs), PCBs in electrical equipment, mercury switches, and heating/cooling systems. Such a survey should be conducted under the direct supervision of a State of California Certified Asbestos Consultant and EPA lead assessor. Prior to demolition or renovation work that would disturb identified ACMs, LBP, or other hazardous materials, a iicensed abatement removal contractor should remove and properly dispose of the hazardous material(s) in accordance with applicable local, state and federal regulations. A California certified consultant should prepare a bid specification document, and perform abatement project planning, site and air monitoring, oversight activities, and reporting activities. Time Frame of Mitigation Prior to the approval of any demolition or renovation activities or construction permits, including but not limited to the first Grading Permit, Demolition Permit, and Urban Core Develop- ment Permit (UCDP) or other discretionary permit. Monitoring Reporting Agency City of Chula Vista (CCV) 60 RESOLUTION NO. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPT THE 2007 AMENDMENT OF THE TOWN CENTRE I REDEVELOPMENT PLAN WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted the original Town Centre I Redevelopment Plan ("Redevelopment Plan") on July 6, 1976, by Ordinance No. 1691 and has subsequently amended the Redevelopment Plan on five separate occasions, on July 17,1979, by Ordinance No. 1872, April 22, 1986, by Ordinance No. 2146, January 4,1994, by Ordinance No. 2585, November 8, 1994, by Ordinance No. 2609, and on June 23, 1998, by Ordinance No. 2735, incorporated herein by reference, and has designated the Redevelopment Plan as the official redevelopment plan for the Town Centre I Project; and WHEREAS, the Urban Core Specific Plan ("Specific Plan") will refine and implement a vision for downtown Chula Vista as expressed in the City's General Plan; and WHEREAS, pursuant to the California Redevelopment Law ("Law") (Health and Safety Code 33000, et seq.) Section 33331, a redevelopment plan must conform to the general plan; and WHEREAS, the Planning Commission of the City of Chula Vista ("Planning Commission") has reviewed the Specific Plan and has determined that it is consistent with the General Plan of the City of Chula Vista; and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") and the City Council will consider the 2007 Amendment to the Redevelopment Plan ("2007 Amendment") in order to bring land use provisions of the Redevelopment Plan for the Town Centre I Project Area ("Project Area") into conformance with the Specific Plan; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq.), and the local procedures adopted by the Agency pursuant thereto, the City has prepared and completed a proposed Environmental Impact Report for the Specific Plan; and WHEREAS, the Agency has previously certified an Environmental Impact Report prepared in connection with the Redevelopment Plan; and WHEREAS, pursuant to Section 33452 of the Law, public notice has been duly given, and a full and fair public hearing has been held on the proposed 2007 Amendment. NOW, THEREFORE, THE CHULA VISTA REDEVELOPMENT CORPORATION DOES RECOMMEND AS FOLLOWS: Section 1. That the City Council adopt the 2007 Amendment to the Town Centre I Redevelopment Plan, a copy of which is attached hereto as Attachment No.1 and incorporated herein by this reference, which has been prepared pursuant to the California Redevelopment Law (Health and Safety Code 33000, et seq.). 01/:;/ - 1 - PASSED, APPROVED, AND ADOPTED this 26th day of April, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cheryl Cox Chairman (SEAL) ATTEST: City Clerk O?~~ -2- I, , City Clerk of the City of Chula Vista, do hereby certify that the foregoing Resolution No. was duly and regularly passed and adopted by the Chula Vista Redevelopment Corporation at a meeting thereof held on the day of ,2007, and that the foregoing is a full, true, and correct copy of said Resolution, and has not been amended or repealed. City Clerk (SEAL) o?j3 - 3 - CHUlAVl'STA i'l j. ; TolN CENTRI REDEVELOPMENT -- PLAN ...A ~bf ~. IAB~E OE CONIsNI~ Article Paqe INTRODUCTION 1 II GENERAL DEFINITIONS 2 III PROJECT AREA BOUNDARIES 4 IV PROPOSED REDEVELOPMENT ACTIONS (AGENCY) 7 V CONFORMITY WITH GENERAL PLAN/PRELIMINARY PLAN 11 VI PERMITTED USES AND CONTROLS 12 VII METHODS FOR FINANCING THE PROJECT 15 VIII ACTIONS BY THE CITY 17 IX ENFORCEMENT OF THE PLAN 18 X DURATION OF THE PLAN 18 XI AMENDMENT 19 XII NEIGHBORHOOD IMPACT ELEMENT 19 APPENDIX Exhibit A BOUNDARY MAP B PL/\N DIJ\GR/\M ~)y6 ARTICLE I - INTRODUCTION Section 100 100.1 Section 110 Section 120 Format and Preparation The Redevelopment Plan for the Central Business District of the City of Chula Vista consists of Part I: Plan Text, and Part II: Appendices. The Redevelopment Plan has been prepared by the Redevelopment Agency of the City of Chula Vista, California, pursuant to the Community Redevelopment Law of the State of California; the Charter of the City of Chula Vista; the By-Laws of the Redevelopment Agency of the City of Chula Vista; and all applicable local ordinances and State statutes. Proiect Goal The goal of this redevelopment project is to revitalize the Town Centre area as the commercial-civic focus of the City. The obiectives of the Plan are: A. Eliminate blighting influences, including incompatible and noxious land uses, obsolete structures and inadequate parking facilities. B. Eliminate environmental deficiencies including, among others, small and irregular lot and block subdivisions, several poorly planned streets, and economic and social deficiencies. C. The strengthening of the mercantile posture of Town Centre and the improvement of retail trade therein. D. The renewal of Town Centre's physical plant and the improvement of its land use patterns and spatial relationships. E. The retention and expansion of viable land uses, commercial enterprises, and public facilities within the area. F. The attraction of capital and new business enterprises to the core area. G. The comprehensive beautification of the area, including its buildings, open space, streetscape, and street furniture. :JiJ~ H. The encouragement of multi-family, middle-income residential units in and near the core area. I. The possible accommodation of future local and regional mass transit and related facilities; improvement of off-street parking areas and provision for a mini-transit intra-project system. J. The establishment of Town Centre as the South Bay's principal center for specialty goods and services. K. The eetablishment of design standards to ::tesum desirable site design and environmental quality. hK The reorientation of the people of Chula Vista to their core area, and the resultant promotion of a sense of "towness" (towness is a unique feeling spawned by an emotional relationship between people and their city. This feeling is founded upon a sense of belonging. When the people feel that they belong to their city and that their city belongs to them, a state oftowness exists). ARTICLE II - GENERAL DEFINITIONS Section 200 200.1 200.2 200.3 200.1 200.4 200.5 200.6 As used in this Plan, the following words shall mean: "Aqencv" - The Redevelopment Agency of the City of Chula Vista, California "Citv" - The City of Chula Vista, California "City Council" - The City Council of the City of Chula Vista "Committee" Chul::t Vist::t Town Centre Committee, mandated by the Rede'/elopment Law to advise the I\gency prior to plan adoption and during the implementation st::tge of the project "Planninq Commission" - The City of Chula Vista Planning Commission "Plan" - The Town Centre Redevelopment Project Plan "Proiect Area" - The redevelopment project was previously known as the "Third Avenue Redevelopment Project." Whenever and wherever this name appears, it shall mean the same as the "Chula 2/J 7 200.7 200.8 200.9 200.10 200.12 200.13 200.11 200.15 Vista Town Centre Redevelopment Project". The legal description of this area is contained in Section 300 of this document. "Redevelopment Law" - The Community Redevelopment Law of the State of California (California State Health and Safety Code, Section 33000 et. seq.) "Specific Plan" - A precise plan primarilv desianated to implement the Redevelopment Plan for the Town Centre area "State" - The State of California "Urban Core" - The heart of the City of Chula Vista. The urban core includes the Central Business District and the Civic Center, and lands immediately peripheral thereto. The Town Centre Project Area is part of this core "Zonina Plan" ^ specific plan under '.vhich building heights, building bulk, ;]nd land use ;]re regul;]ted, ;]nd under whioh territory is partitioned into regulatory districts or zones. Unless otherwise provided, the zoning plan shall mean the zoning maps and regulations of the City of Chula Vista "Desian ReviO'.\I (Committee) Board" ,^. Design Review Board consisting of highly qualified persons with an interest in tho fields of urb3n design and represent3tives from City staff is proposed to be cre3ted to Lldvise the assooiated oommittees and Agenoy. The Board will evaluate development proposals as they relate to the Design M3nual ;]nd the intent of this plan "Desian M3nual" The ,^.goncy's offioial statement of design policy for the , and embodies developmental criteria and guidelines therefDre. It is the's to'.\lnsoape plan, 3nd adaresses such ffiLltters as texture, spatiGl relationships, amenity, aesthetic quality, I3ndsc3ping, courtyards, plazas, parl<ing design, etc. "Procedures Manual" .^. procedures manual shLlII be est;]blished for the use and guid3nce of the City/Agency staff, the Agoncy and developers/particip3nts for the purpose of establishing and maintaining development proposal schedules, processing Lind roviO'N JJ.iJF ARTICLE III - PROJECT AREA BOUNDARIES Section 300 Boundary Description 300.1 The boundaries of the Project Area are shown on the boundary map attached hereto as Exhibit A in the Appendix of this plan. A legal description of the boundaries of this project follows: All those portions of Quarter Sections 137 and 138 of Rancho de la Nadon according to Map thereof No. 505, filed in the office of the County Recorder County of San Diego, State of California on March 13, 1888, described as follows: Beginning at the intersection of the centerlines of "E" Street and Garrett Avenue per Record of Survey 1097 filed in the office of the County Recorder, San Diego County, State of California on April 6, 1944; thence northwesterly 49.91 feet :!: to the intersection of the northerly right of way of said "E" Street and the westerly right of way of said Garrett Avenue, said intersection being the TRUE POINT OF BEGINNING; thence northeasterly along said northerly right of way of "E" Street, 1196.07 feet:!: to a point on the extension of the easterly right of way of the alley between Church Avenue and Del Mar Avenue; thence southeasterly along said easterly right of way and its extension, 700.85 feet:!: to a point on the northerly right of way of Davidson Street; thence southwesterly along said northerly right of way 10.00 feet; thence leaving said northerly right of way southeasterly along the line midway and between Church Avenue and Del Mar Avenue, 520.00 feet :!: to the corner common to Lot 40 and Lot 41 of Map #1871 filed in the office of the County Recorder, San Diego County, State of California, on December 23, 1925; thence northeasterly along the northerly line of said Lot 41, 25.00 feet:!: to the northeasterly corner of said Lot 41; thence southeasterly along easterly line of said Lot 41, 100.90 feet:!: to a point on the northerly right of way of "F" Street; thence northeasterly along said northerly right of way 170.52 feet:!: to a point on the easterly right of way of Del Mar Avenue; thence southeasterly along said easterly right of way 1400.84 feet:!: to a point on the southerly right of way of "G" Street; thence southwesterly along said southerly right of way 335.00 feet:!: to a point on the easterly right of way of Church Avenue; thence southeasterly along said easterly right of way, 761.15 feet:!: to a point on the northerly right of way of Alvarado Street; thence southwesterly along said northerly right of way 315.00 feet:!: to a point on the easterly right of way of Third Avenue; thence southeasterly along said easterly right of way, ~b9 481.27 feet :I:: to a point on the northerly right of way of "H" Street; thence northeasterly along said northerly right of way 200.00 feet; thence leaving said northerly right of way southeasterly, parallel to and 240 feet easterly of the centerline of Third Avenue 370.00 feet :I:: to a point on the northerly boundary of Map No. 2277, filed in the office of the County Recorder, San Diego County, State of California, on September 15, 1942; thence southwesterly along said northerly boundary 82.76 feet:l:: to the northeasterly corner of Lot 2 of said Map No. 2277; thence southeasterly along the easterly line of said Lot 2, 160.79 feet:l:: to a point on the southerly right of way of Shasta Street; thence southwesterly along said southerly right of way 4.16 feet:l:: to the northeasterly corner of Lot 91 of said Map No. 2277; thence leaving said southerly right of way and southeasterly along the easterly line of said Lot 91, 105.00 feet :I:: to a point on the northerly line of Lot 88 of said Map No. 2277; thence northeasterly along said northerly line 7.00 feet :I:: to the northeast corner of said Lot 88; thence southeasterly along easterly line of said Lot 88, 159.74 feet :I:: radially to a point on the 200 foot radius curve concave southwesterly, said curve being also the southerly right of way of Whitney Street; thence southeasterly along the arc of said curve a distance of 17.73 feet :I:: to the northeast corner of Lot 98 of said Map No. 2277;- thence leaving said curve radially inward and along the easterly line of said Lot 98, 122.84 feet :I:: to the northerly most corner of the Park in said Map No. 2277; thence southeasterly along the northeasterly line of said Park 68.19 feet :I:: to the southerly most corner of Lot 101 of said Map No. 2277, said corner being a common corner with the said Park; thence southeasterly along the easterly line of said Park, 68.05 feet :I:: to a point on the southerly boundary of said Map No. 2277; thence southwesterly along said southerly boundary 10.00 feet; thence southeasterly, parallel to and 165 feet easterly of the centerline of Third Avenue 291.03 feet :I:: to a point on the northerly right of way of "I" Street; thence southwesterly along said northerly right of way, 595.00 feet; thence northwesterly leaving said northerly right of way, parallel to and 430 feet westerly of the centerline of Third Avenue, 290.00 feet; thence southwesterly 260 feet :I:: to the southeast corner of Lot 19, Map No. 1799 filed in the office of the County Recorder, San Diego County, State of California on July 10, 1924, said southeast corner being a common corner with the right of way of Garrett Avenue; thence northwesterly along westerly right of way of said Garrett Avenue 301.02 feet :I:: to a point on the southerly right of way of Mankato Street, said point being also the northeast corner of Lot 24 of said Map No. 1799; thence southwesterly along said southerly right of way, 5 d...6//) 230.38 feet .:t to a point on the northerly line of Lot 13, of said Map No. 1799, said point being the intersection of said southerly right of way with the extension of the westerly right of way of Glover Avenue; thence northwesterly along said westerly right of way 732.24 feet .:t to a point on the northerly right of way of "H" Street; thence northeasterly along said northerly right of way 355.92 feet .:t to the southeast corner of Lot 11, Map No. 1718 filed in the office of the County Recorder, County of San Diego, State of California on April 22, 1921; thence northwesterly leaving said northerly right of way along the easterly line of said Lot 11, 200.00 feet; thence northeasterly parallel to and 240 feet northerly of the centerline of "H" Street 94.00 feet; thence northwesterly parallel to and 472 feet westerly of the centerline of Third Avenue, 87.40 feet .:t to a point on the northerly boundary of said Map No. 1718; thence northeasterly along said boundary 122.00 feet.:t to the southwest corner of the East Half of Lot 10 per Record of Survey 3269 filed in the office of the County Recorder, County of San Diego, State of California on Decernber 30, 1953; thence northwesterly along the westerly line of said East Half of Lot 10, 165.40 feet .:t to the center of said Lot 10; thence northeasterly along the northerly line of the South Half of Lot 10, 170.00 feet; thence northwesterly parallel to and 180.54 feet westerly of the centerline of Third Avenue, 135.54 feet .:t to the southerly right of way of Roosevelt Street; thence southwesterly along said southerly right of way 9.46 feet; thence northwesterly leaving said southerly right of way parallel to and 190 feet westerly of the centerline of Third Avenue 210.00 feet thence southwesterly parallel to and 180 feet northerly of the centerline of said Roosevelt Street; 140.00 feet; thence northwesterly parallel to and 330 feet westerly of said centerline of Third Avenue 150.00 feet; thence northeasterly parallel to and 330 feet northerly of the centerline of said Roosevelt Street, 191.00 feet; thence northwesterly parallel to and 139 feet westerly of the centerline of said Third Avenue 290.00 feet .:t to a point on the southerly right of way of "G" Street; thence southwesterly along said southerly right of way 34.31 feet.:t to a point on the extension of the centerline of the alley between Garrett Avenue and Third Avenue; thence northwesterly along said centerline and its extension, 210.00 feet; thence southwesterly leaving said centerline parallel to and 120.43 feet southerly of the southerly right of way of Park Way 107.50 feet; thence northwesterly parallel to and 107.50 feet westerly of the centerline of said alley, 120.43 feet .:t to a point on the southerly right of way of said Park Way; thence southwesterly along said southerly right of way 1080.00 feet.:t to a point on the westerly right of way of Fourth Avenue; thence 6d!JJ/ northwesterly along said westerly right of way 1069.00 feet ~ to a point on the northerly right of way of "F" Street; thence northeasterly along said northerly right of way 670.00 feet ~ to a point on the westerly right of way of Garrett Avenue; thence northwesterly along said westerly right of way, 1320.00 feet:t to the TRUE POINT OF BEGINNING. ARTICLE IV - PROPOSED REDEVELOPMENT ACTIONS (AGENCY) Section 400 400.1 Section 410 410.1 410.2 General Summarv In order to achieve the objectives of the Redevelopment Plan, the Agency proposes to undertake and implement the following actions: A. Owner and Tenant Participation (Section 410) B. Cooperation with Public Entities (Section 420) C. Property Management (Section 430) D. Relocation of Residents and Businesses (Section 440) E. Demolition, Clearance, Public Improvements and Site Preparation (Section 450) F. Acquisition of Property (Section 460) G. Property Disposition (Section 470) Owner and Tenant Participation Whenever possible, persons who are owners of real property in the Project Area shall be given the opportunity, pursuant to the rules promulgated by the Agency, to participate in redevelopment by the retention of all or a portion of their property, or by the acquisition of adjacent or other property from the Agency by purchase or exchange. Such participation in each case is contingent upon the execution by the owner of a binding agreement by which the property retained or acquired will be developed in conformity with the Plan and subject to the provisions thereof. Owner participation will be subject to such factors as, but not limited to, the condition of the improvements, the reduction in the total number of parking spaces within the Project Area, the elimination of certain land uses, the vacation of streets, the 7 c2lJ/::( 410.3 Section 420 420.1 420.2 Section 430 430.1 Section 440 440.1 440.2 construction of new public improvements, and the ability of owners to finance acquisition and development in accordance with the plan. The Agency shall also extend reasonable preference to persons who are engaged in business in the Project Area to re-enter into business within the Project Area if they otherwise meet the requirements prescribed by the Plan. Cooperation with Public Entities Certain public entities are authorized by State law to cooperate with or without consideration in the planning and undertaking of the construction or operation of this project. The Agency shall seek the aid and cooperation of public bodies such as the Downtown Parking District and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment in the highest public good. The Agency is authorized but not required to make payments in lieu of property taxes to one or more taxing agencies. The Agency recognizes that the power contained in Section 33670 of the Redevelopment Law can affect the capacity of taxing agencies to provide public services. Accordingly, the Agency will conduct studies to determine possible means to minimize such impact upon taxing agencies. Property Manaqement During such time as property in the Project Area is owned by the Agency, said property shall be under the management and control of the Agency. Subject property may be rented or leased by the Agency pending its disposition for redevelopment. Relocation of Residents and Businesses Displaced residents shall be relocated by the Agency pursuant to the relocation plan approved by the Agency. The relocation plan may be amended by the Agency as necessary to accomplish the purposes set forth in this Plan. The Agency or its designated agent shall assist all who may be displaced by project activities in finding other dwellings or business locations. In order to carry out the project with a minimum of hardship to persons displaced from their homes, individuals and families shall be assisted in finding housing that is decent, safe, 8 c1 J /3 440.3 Section 450 450.1 450.2 450.3 450.4 450.5 450.6 Section 460 460.1 and sanitary, within their financial means, reasonably convenient in location and otherwise suitable to their needs. The Agency shall make relocation payments to displaced persons including families, business concerns and others for moving expenses and other direct losses of personal property or any other benefits as required by the California Uniform Relocation Law. Demolition. Clearance. Public Improvements and Site Preparation The Agency is authorized to clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of the Plan. The Agency is authorized to cause, provide, undertake or to make provisions with any person or public entity for the installation or construction of such public improvements or public utilities, either within or outside of the Project Area as are necessary to carry out the Plan. Such public improvements include, but are not limited to, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, street trees, electrical distribution systems, natural gas distribution systems, water distribution systems, fire hydrants, parks, plazas, motor vehicle parking facilities, landscaping and pedestrian malls. The Agency is authorized to prepare or cause to be prepared as a building site any real property owned by the Agency within the limits of applicable law. The Agency is authorized to rehabilitate any building or structure owned by the Agency within the limits of applicable law. The Agency is authorized to assist, through advice and encouragement, the owners of real property within the Project Area to conserve or rehabilitate their premises. In accordance with City regulations, and as necessary in carrying out the Plan, the Agency is authorized to move or cause to be moved any structure or building to a location within or outside of the Project Area. Acquisition of Property The Agency may acquire, but is not compelled to acquire, all real property located within the Project Area. The Agency may acquire 9016/f 460.2 460.3 460.4 460.5 460.6 460.7 Section 470 470.1 real property by gift, device, exchange, purchase, eminent domain, or any other lawful means. In order to eliminate the conditions within the Project Area which make redevelopment necessary, and in order to implement the Redevelopment Plan, it is necessary, and in the public interest, for the Agency to use its power of eminent domain to acquire real property in the Project Area. The Agency shall not acquire interest in oil, gas, or other mineral substances within the Project Area except where necessary to preclude drilling or excavation within the Project Area. The Agency is not authorized to acquire publicly owned land in the Project Area in the absence of the involved public agency's consent. However, the Agency is authorized to acquire public property if it becomes private property by deed, lease, or otherwise, before the Agency completes land acquisition within the entire Project Area. The Agency is authorized to acquire any or all interests in real property or structures, including but not limited to, fee titles, deeds and easements. The Agency may not acquire real property upon which an existing building is located unless the Agency proposes to rehabilitate, redevelop, or reorganize the real property in question, and the property owner has not agreed to the execution of an official owner participation agreement. The Agency shall generally not acquire personal property. However, where necessary in the implementation of the Plan, the Agency is authorized to acquire personal property in the project by any lawful means except eminent domain. Propertv Disposition In order to provide adequate safeguards that the process of redevelopment will be carried out pursuant to the Plan, agreements for the disposition of land by the Agency, including owner participation agreements, shall include provisions recognizing and requiring that: A. The purchase of leasing of land is for redevelopment and not for speculation and reserving to the Agency such powers 10 ~.6/6- and controls as may be necessary to prevent transfer, retention or use of the property for speculation purposes. B. The land shall be built upon and/or improved in conformity with development standards of the Plan and any' declaration of restrictions. C. In order to insure that development and construction will be carried out in a manner which will effectuate the purposes of the Plan, all developers and owner participants shall submit preliminary architectural plans, site and landscape plans, and final plans including landscaping and sign plans and specifications of the improvements proposed to be constructed on the land for architectural approval by the Agency. As a part of such plans and specifications, developers, and if required by the Agency, owner participants, shall submit time schedules for the commencement and completion of such improvements. All such plans and schedules shall be submitted within the time specified in the respective agreements with such developers and owner participants. D. By and for the contracting parties, their heirs, executors, administrators and assigns, there shall be no discrimination against, or segregation of, any person or group of persons on account of race, creed, color, national origin, or ancestry, in the sale, lease, sub-lease, transfer, use, occupancy, or enjoyment of the premises therein described, nor shall the contracting parties. or any persons claiming under or through them establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sub- lessees, or vendees, on the premises described. ARTICLE V - CONFORMITY WITH GENERAL PLANJPRELlMINARY PLAN Section 500 500.1 500.2 General Statement of Conformity This Plan shall conform to, and is a more detailed refinement of, Ll portion of the General Plan of the City of Chula Vista, adopted by the City Council on December 15, 1970, and comprehensively updated on December 13, 2005, and any amendments or revisions thereto. This Plan is based upon, and carries out the Preliminary Plan, heretofore adopted by the Planning Commission. I 11 d.6J~ ARTICLE VI - PERMITTED USES AND CONTROLS Section 600 600.1 600.2 600.3 600.1 600.5 600.6 600.7 PlanninQ ::md Land Use Consideratiens The Plan Diagram, Exhibit "B", graphically depicts the projected patterns of land use and circulation within the. /\11 of the arem: desi€lnateEl "central commercial" on the plan may be used as a mixture of commercial uses, including but not limited to retail, office, hotel, service, entertainment, educational, and auxiliarj uses. The f,gency, upon spacial request, may allow residential development in the "central commercial" area, provided that the proposed residential development is compatible with surrounding areas, and manif-osts adequate internal residential order and 3menity. ,1\11 of the 3reas designated "residential" on Exhibit "8" m3Y include residenti31 bnd uses and professional and administrative offices. The ,I\gency shall encourage the development of a wide range of housing types in the residential areas of the, 3nd shall endeavor to achieve a mixture of housing fer all economic segments of the City of Chub Vis13 therein. The shall be regarded as the principal specific pbn of the and shall take precedence where it is in conflict with other specific plans, regubtions and standards. Streets, alleys, and other public rights of way may be altered, vac3ted, narro'Ned, decked over, extended, or closed where such action is essential to the orderly implementation and execution of the plan. If the implementation of the plan requires additional streets, e3soments, or other rights of W3Y, they may be acquired by the Agency or the City. The Agency m3Y 3uthorize the private use of air rights over public rights of way. This use may take the form of buildings, platforms, decks, or other structures. Such air rights may also be used for vehicular and/or pedeetrian circubtion, tmnsit, public 3nd priv3te utilities, or other public improvements. The Agency ie authorized to permit the m:tablishment and expansion of public or quasi public uees and mcilities, euch as but not limited to parks, recreational facilities, libraries, schoo Ie, and chari13ble inetitutions, within tho. 12dl..o/1 Section @.W 600 General Controls and Limitations 600.1 This Plan shall conform to all other zonina and land use reaulations as adooted bv the City Council. 600.2 All real orooertv within the Proiect Area is subiect to the orovisions. controls. and reauirements of the Plan. No real orooertv shall be develooed. redevelooed. rehabilitated. or otherwise chanaed after the date of adootion of the Plan. exceot where such develooment. redevelooment. rehabilitation. or other substantial chanae conforms with the orovisions of the Plan., and the guidelines embodied in the Design M::mual. 600.3 All new construction shall comolv with all aoolicable State statutes and locallv adooted Buildina. Electrical. Heatina and Ventilation. Housina and Public Codes. 600.4 The Aaencv shall endeavor to substantiallv increase the area of oublic and orivate ooen soace within the Proiect Area. aDen soace may take the form of Darks. vest-Docket Darks. olav areas. olazas. fountains. enclosures. oatios. and similar landscaoed enclaves. 600.5 In areas where aoorooriate. sufficient ooen soace between buildinas and clusters of buildinas shall be maintained to orovide adeauate sunliaht. ventilation. orivacv. fire safety. and aeneral livabilitv. 600.6 All sians shall conform to the standards of the City's sian ordinance., ::md tho guidelines of the Design M::mual. 600.7 The Aaencv shall assure adeauate off-street oarkina. 600.8 The Aaencv shall reauire all utilitv lines and structures to be olaced underaround. unless it determines that underaroundina with resoect to certain lines would not be economicallv or ohvsicallv feasible. 600.9 No land use or structure which. bv reason of aooearance. traffic. smoke. alare. noise. odor. or similar factors. would be incomoatible with the surroundina areas shall be oermitled within the Proiect Area. 600.10 Subseauent to redevelooment. rehabilitation. or develooment oursuant to the Plan. no Darcel in the Proiect Area. includina any Darcel retained bv a conformina owner or oarticioant. shall be resubdivided without the orior aooroval of the Aaencv. 13 cX.!J/% 610.10 The J\gency is authorized to gmnt a variation from the limits, restrictions, and controls established by the Plan. The Agency must mal{e the following findings in each and every cm;e, as a prerequisite to its gmnting of a f3ermit for a variation. 1\. The application of certain provisions of the pkm 'Nould result in practical difficulties or unnecess:::try hardships '!"hish would make development inconsistent with the general purpose :md intent of the pian; or, B. There are exceptional circumstances or conditions 3pplicable to the property or the proposed development which do not 3pply genemlly to other properties or developments ...:hich have the same st3nd3rds, restrictions 3nd controls; 3nd, C. The permitting of a v3riation will not be materially detriment:::tl to the public welfare or injurious to property or improvements in the; 3nd, D. The permitting of a vari3tion '....ill not contravene the criteria established in the Design M3nu31. In permitting a variation, the ,^,gency shall impose ouch conditions as are necessary. Section e4-+ 610 Environmental Review 610.1 Prior to the Agency's official consideration of a development proposal, the application and all accompanying documents shall be submitted for the applicable review in accordance with the California Environmental Quality Act of 1970, as amended. Section 620 Desicln Manual 620.1 The .^.gency, in cooperation with the Planning Commission, Sh311 formulate, adopt, and make genemlly 3v3ilable 3 Design Manual for the TO'....n Centre Redevelopment Project. The Design Manual shall be the J\gency's official statement of its design guidelines for the redevelopment, rehabilitation, conservation, 3nd gener31 development of the Project Area. 620.2 The Design Manual sh311 include developmental objectives and design criteria, 3nd shall address the follO'.ving: 14c1./;/9 620.3 Section 620 620.1 Section 610 610.1 A Three dimensional spati::ll reiLltionships, and the orderly arrangement of space and land use in the. B. Building coverages; building setb::lCks, building bulk ::md height; builEiing intensity; and the siting of structures and open space. C. The preservation :md promotion of the environmental quality of the and the ursan core. D. The development of a circul:::ltion system '",hich promotes effective communication and transportation throughout the and the urban core, and establishes and maintains effective linkages between the and other parts of the Chula Vista Pl:::lnning .^.rea, and other urban centers of the South Bay. E. Civic and environmental design requirements and f{)atums which establish the character of the. F. Landscape criteria; fine arts criteria; street, plaza enclosure and mall furniture criterb. The Design Manu31 may be amended by the jI,gency in order to refine, upd3te, or improve the Manual's guidelines. Proposed amendments to the Design Manual shall be referred to tho PiLlnning Commission for its review, report 3nd recommendation. Historical Preservation Chula Vista's first City Hall is located at 294-296 Third Avenue and should be considered for preservation. Procedures Manual The Agency, in cooperation with the City, shall f{)rmulate, adopt and make available a Procedures M3nu31 f-or the Chula Vista Town Centre Rede'/elopment Project. The Manual shall set forth the procedures necessary for processing development proposals and shall promulgate expedient review periods required for obtaining 3pprovals for the flroject development and/or major rehabilitation. ARTICLE VII - METHODS FOR FINANCING THE PROJECT Section 700 General Description of the Proposed Financinq Methods 1 ~ IJc20 700.1 700.2 700.3 700.4 700.5 Section 710 710.1 The Agency is authorized to finance this project with financial assistance from the City of Chula Vista, the State of California, the Federal Government, property tax increments, interest income, Agency funds, or any other available source. Loans for survey and planning and for the operating capital for nominal administration of this project are to be made by the City until adequate tax increments or other funds are available, or sufficiently assured, to repay the loans and to permit borrowing adequate working capital from sources other than the City. The City, as it is able, will also supply additional assistance through loans and grants for various public facilities. As approved by the City Council, gas tax funds from the State of California and the County of San Diego will be used for the street system. As available, Federal loans and grants will be used to finance portions of project costs. The Agency is authorized to issue bonds in amounts sufficient to finance all or part of the project. The Agency is authorized to obtain advances, borrow funds, and create indebtedness in carrying out the Plan. The principal and interest on such advances, funds, and indebtedness may be paid from tax increments or any other funds available to the Agency. Tax Increments All taxes levied upon taxable property within the Town Centre Redevelopment Project Area each year by and for the benefit of the State of California, the County of San Diego, the City of Chula Vista, or any district or other public corporation hereinafter sometimes referred to as taxing agencies, after the effective date of the ordinance approving this Redevelopment Plan, shall be divided as follows: A. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid (for the 16 C:<6~J 710.2 purposes of allocating taxes levied by or for any taxing agency or agencies which did not include the territory of the project on the effective date of such ordinance but to which such territory is annexed or otherwise included after such effective date of such ordinance but to which such territory is annexed or otherwise included after such effective date, the assessment roll last equalized on the effective date of said ordinance shall be used in determining the assessed value of the taxable property in the project on said effective date); and, B. That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the Agency to pay advancements to, or indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Agency to finance or refinance in whole or in part this redevelopment project. Unless or until the total assessed value of the taxable property in the project exceeds the total assessed value of the taxable property in the property as shown on the last equalized assessment roll referred to in paragraph "A" hereof, all of the taxes levied and collected upon the taxable property in the project shall be paid into the funds of the respective taxing agencies. When said bonds, loans, advances, and indebtedness, if any, and interest thereon, has been paid, all monies thereafter received from taxes upon the taxable property in the project shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. The portion of taxes mentioned in paragraph "B" above are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness (whether funded, refunded, assumed, or otherwise) by the Agency to finance or refinance the project in whole or in part. The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the project. ARTICLE VIII - ACTIONS BY THE CITY Section 800 Aid and Cooperation 17 ctl.1J':<~ 800.1 The City shall aid and cooperate with the Agency in carrying out this Plan and shall take any further action necessary to insure continued fulfillment of the purposes of this Plan and to prevent the reoccurrence or spread in the area of conditions causing blight. Actions by the City may include but not be limited to the following: A. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys and other public rights-of-way and for other necessary modifications of the streets, the street layout and other public rights-of-way in the Project Area. Such action in the City may include the requirement of abandonment and relocation by the public utility companies of their operations in public rights-of-way as appropriate to carry out this Plan. B. Institution and completion of proceedings necessary for changes and improvements in publicly owned public utilities within or affecting the Project Area. C. The undertaking and completing of any other proceedings necessary to carry out the project. ARTICLE IX - ENFORCEMENT OF THE PLAN Section 900 Responsibilitv 900.1 The administrative enforcement of the Plan or other documents formulated pursuant to this Plan shall be performed by the City and the Agency. 900.2 The provisions of this Plan or other documents formulated pursuant to this Plan may also be enforced by court litigation instituted by either the Agency or the City. Further, any documents recorded expressly for the benefit of owners of property within the Project Area may be enforced by such property owners in addition to the City or the Agency. ARTICLE X - DURATION OF THE PLAN Section 1000 Effective Period 18 c2.6 cf?3 1 000.1 Exceot for the non-discrimination and non-seareaation orovlslons which shall run in oeroetuitv the orovisions of this Plan shall be effective and the orovisions of other documents formulated oursuant to this Plan may be made effective for 25 years from the date of adootion of this Plan. as amended from time to time. by th~ Citv Council. ARTICLE XI - AMENDMENT Section 1100 11 00.1 Procedure This Plan may be amended by the procedures established in the California Community Redevelopment Law or any other procedure hereinafter established by Law. ARTICLE XII - NEIGHBORHOOD IMPACT ELEMENT Section 1200 1200.1 Section 1210 1210.1 Investigation of the proposed Project Area boundaries for the Town Centre Redevelopment Project reveals that the area contains sectors which are considered to fall within the category of low and moderate income housing. The impact of the proposed project upon the residents of the Project Area as well as the surrounding neighborhood is noted below, as required by Section 33333.5 of the Health and Safety Code of the State of California. Residential Analysis Of the total acreage of 138.54 acres, 17.10 percent, or 23.69 acres are in residential use. The 23.69 .acres accommodate a total of 602 dwelling units and 189 structures. Additionally, the area contains one boarding house and one residential hotel. Of the total of 602 residential units located within the Project Area, 469. or approximately 77%, are located in Subarea One, which contains the historic Chula Vista townsite. Data contained in the 1975 Mid- Decade Census for tracts 22/3; 23/1; 23/2; 25/1; and 26/3, indicates that the area contains a proportionately higher incidence of elderly households and households earning less than the median income for the City in general. The age group 55+ makes up 16.7% of the total City population, while the same age group accounts for 35.41% of individuals residing in the above cited tracts. As a corollary to this data, it appears that the income level of the Project Area is somewhat lower than that of the City at large. It should be noted that, while 41 % of the City-wide population has incomes in 19 ~!Jc:<i- 1210. Section 1211 1211.1 Section 1220 1220.1 1220.2 Section 1230 excess of $10,000, only 19% of the study area population has income in the same range. Therefore, it is assumed that the Project Area contains residential development currently serving the low and moderate income market. Although the exact incidence of deteriorated and dilapidated structures is not known, it is anticipated that some demolition in the form of spot clearance will be necessary to implement the Plan. Relocation Implementation of the proposed project will require displacement of some businesses, individuals and/or families. Such displacement will be mitigated by the provisions for owner participation contained in the Community Redevelopment Law. In those cases in which owner participation agreements cannot be negotiated, displacement and relocation will be handled in accordance with the provisions of the California State Relocation Assistance Law and other applicable statutes and guidelines. A detailed relocation provision is contained in the Report to the City Council on the Redevelopment Plan. Traffic Circulation The Redevelopment Plan provides for the ultimate implementation of a circulation system which would improve the pedestrian/vehicle movement and tend to reduce vehicle miles traveled (VMT) within the central business district. The incorporation of a mini-transit system (i.e. mini-bus, shuttle vehicles) to effectuate smooth intra- . project movement and methods for establishing smooth linkages between the project facilities and local and regional facilities will be addressed for possible utilization to accommodate project movement and vehicular circulation. Traffic volume within the project and associated areas is expected to increase significantly as the project nears completion. However, the total volume cannot be estimated until specific redevelopment proposals become available. Additionally, increased traffic in the central business. district would further restrict pedestrian-vehicle movement and create congestion at intersections. However, the implementation of an effective circulation system and mini-transit vehicles should relieve congestion and facilitate the flow of traffic in the area. Environmental Quality 20 Md?6 1230.1 The direct long and short-term impacts which may result from the implementation of the Plan are: A. No creation of any significant geologic related adverse impacts; B. Drainage impact is anticipated to be insignificant; C. No adverse impact on ground water or water quality would occur if the Plan were implemented at this time; D. No adverse effect on mineral resources would result from the Plan; E. Due to the developed nature of the area, there are anticipated to be no significant impacts on land form; F. An increase in traffic on streets in and adjacent to the project will occur if the project is implemented; G. An increase in emissions produced by mobile sources will result in the San Diego Air Basin and local areas due to increased traffic generated as the project is implemented; H. Noise generated by motor vehicles will increase in and adjacent to the Project Area; I. There will be an insignificant impact on biological resources; J. There are likely to be no adverse impacts on paleontology/ archeology or historical resources; K. The proposed Innd use policy will result in no undosirable impact; K. There is no anticipated adverse impact on the aesthetic quality of the area; L. The area's social well being will be impacted insignificantly; M. It is anticipated that there will be no adverse impact on the community tax structure; N. It is not anticipated that the Plan will create any further I impact on the cultural factors in the area; 21 d);41o 1230.2 Section 1240 1240.1 O. As a result of increased population density if the Plan is implemented, in all probability there will be an increased demand for police and fire protection as well as other community services; P. There will be an increase in the use of non-renewable energy producing resources due to increased density in the project. In summary, the short-term effects of the proposed Plan, if implemented, would include increased traffic and noise associated with construction operations. The long term cumulative adverse effects of the proposed action would include increased population density, increased traffic and noise generated by the commercial and residential development, commitment of existing vacant lands to development and the use of non-renewable resources. Delaying the proposed project would result in the further decline of Chula Vista's Centre City. The implementation of the Plan would provide the overall enhancement of the Project Area and the renewed productivity of the Chula Vista business district while encouraging the revitalization of the urban core and discouraging encroachment into currently undeveloped areas. Availabilitv of Communitv Facilities and Services The impact of the project upon the residents of the area and surrounding neighborhoods as it relates to the availability of community facilities and services is addressed below in accordance with the Community Redevelopment Law. A. The Plan, if implemented, will in all probability result in an increase in the mean income in the study area as a result of the rehabilitation and revitalization of the residential fabric. The project would provide temporary employment opportunities during new construction and long term employment opportunities could result from upgrading and expanding commercial activities in the area. The implementation of the Plan could cause the displacement of persons or establishments occupying blighted and/or incompatible buildings. If this is the case, relocation assistance will be provided by the Redevelopment Agency of the City of Chula Vista. Additionally, owner participation agreements will be utilized where feasible to encourage participation by property owners while lessening the need for acquisition and relocation. Further, preference 22~b41 for re-entry will be extended to all displaces as a result of any redevelopment activity undertaken in the Project Area. B. The Project Area currently encompasses three elementary school attendance boundaries: Vista Square, Rosebank, and Hilltop Elementary Schools. The site is also within the boundaries of the Chula Vista Junior and Senior High Schools. According to the Chula Vista Elementary and Sweetwater High School Districts, all three elementary schools, plus the junior high school have exceeded capacity. Chula Vista High School has an excess of 291 available spaces. A breakdown of capacities and enrollments by school follows: 1. Hilltop Elementary School has a capacity of 472 students and a current enrollment of 473, indicating a deficit of one space. 2. Rosebank Elementary School has a capacity of 488 students and a current enrollment of 490, yielding a two-space deficit. 3. Vista Square Elementary School has a capacity of 432 students and a current enrollment of 501, indicating a deficit of 69 spaces. The elementary schools currently have a capacity of 1,392 students, and as of December 1975, 1,464 enrollment, yielding a deficit of 72 spaces. The junior high school; i.e. Chula Vista Junior High School, has a capacity of 1,200 students and a current enrollment of 1,297, indicating a deficit of 97 students. The senior high school, Chula Vista High School, has a capacity of 1,624 students, with a current enrollment of 1,333, indicating an excess capacity of 291 spaces. Due to the fact that plans are currently not detailed enough to project changes in attendance as a result of the Plan, it can only be anticipated that increases in density may result in increased school enrollment. The Agency will cooperate with the affected school district in an effort to mitigate the impact of such increased enrollment. 23cqb~f The project is located within the City Park Service District NO.3 and contains 8.6 acres of park land. This acreage is below the 22.4 acres required to meet City standards. The following chart illustrates the acreages, location, and facilities available at the two existing parks in the study area: Name Acreaqe Improvements Memorial Park 7.1 Third Avenue & Park Way Gymnasium, Swimming Pool, Recreation Hall, Memorial Bowl, Tot Lot, Picnic Facilities, Shuffleboard Courts Norman Park 1.5 Center, Del Mar & "F" Street Senior Citizen Center, Picnic Facilities, Shuffleboard Courts, Horseshoe Pits The residential portion of the Plan will, in all probability, result in a greater need for additional park lands in the area due to increased densities. As a part of the overall Plan and the implementation of the redevelopment process, new park lands, open spaces, and recreational opportunities will be required of developers and/or constructed by the Agency to ensure adequate facilities for the enjoyment of the residents of the Project Area and the City in general. C. Due to the age and deterioration of the older section of the commercial district on Third Avenue, a safety hazard exists. Several structures in the Project Area have been declared unsafe and condemned by the City's Building and Housing Department. Fire and Police protection are provided by the City of Chula Vista. The nearest stations are located at the Civic Center on Fourth Avenue, one block west of the project site. Solid waste disposal service for the Project Area is provided by the Chula Vista Sanitary Service, via an agreement with the City of Chula Vista. It is anticipated that there will be no significant impacts as a result of the implementation of the Town Centre Redevelopment Project Plan. In fact, the removal and restoration of deteriorated structures will provide a safe 24 c1J ~f Section 1250 1250.1 environment within and surrounding the buildings. Fire and Police protection and the solid waste disposal services should have the capacity to service the study area following implementation of the Plan. Finally, it is anticipated that there will be no significant adverse impacts concerning health and safety within the Project Area upon the completion of the project. D. Gas, electricity, water and sewer service are currently provided within the Project Area. Current analysis indicates that the project will not place an undue burden upon the suppliers of these services to meet demands upon completion of the project. However, an evaluation of additional service required for new development will be provided in specific E.I.R.'s developed as the project is implemented. Property Assessments and Taxes All property within the Project Area will continue to be assessed at the current State-mandated level. The redevelopment of the Project Area should cause the assessed value of properties within the Project Area to increase. This increase would result in the availability of increased tax revenues for the provision of community services. The increased availability of revenue could, in turn, make possible a lowering of tax rates. 25 0!J3/J RESOLUTION NO. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA RESCIND CERTAIN IMPLEMENTING DOCUMENTS AND REQUIREMENTS OF THE TOWN CENTRE I REDEVELOPMENT PLAN WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted the original Town Centre I Redevelopment Plan ("Redevelopment Plan") on July 6, 1976, by Ordinance No. 1691 and has subsequently amended the Redevelopment Plan on five separate occasions, on July 17, 1979, by Ordinance No. 1872, April 22, 1986, by Ordinance No. 2146, January 4, 1994, by Ordinance No. 2585, November 8, 1994, by Ordinance No. 2609, and on June 23, 1998, by Ordinance No. 2735, incorporated herein by reference, and has designated the Redevelopment Plan as the official redevelopment plan for the Town Centre I Project; and WHEREAS, the proposed Urban Core Specific Plan ("Specific Plan") will refine and implement a vision for downtown Chula Vista as expressed in the City's General Plan; and WHEREAS, pursuant to the California Redevelopment Law ("Law") (Health and Safety Code 33000, et seq.) Section 33331, a redevelopment plan must conform to the general plan; and WHEREAS, the Planning Commission of the City of Chula Vista ("Planning Commission") has reviewed the Specific Plan and has determined that it is consistent with the General Plan of the City of Chula Vista; and WHEREAS, certain planning, design, and operational documents were approved by the Redevelopment Agency of the City of Chula Vista ("Agency") in connection with and since the establishment of the Redevelopment Plan; and WHEREAS, those documents are the Town Centre Design Manual ("Design Manual") adopted on November 4, 1976, by Resolution No. 62 and amended March 3, 1977, by Resolution 75, the Town Centre Procedures Manual ("Procedures Manual") adopted December 1, 1976, by Resolution No. 64, and the Town Centre I land Use Policy ("Land Use Policy") adopted on September 1, 1977, by Resolution No. 96, and amended January 15, 2002, by Resolution No. 1765; and WHEREAS, on June 1, 1978, the Agency approved an Amendment to the Owner Participation Agreement ("OPA") Guidelines by Resolution No. 121 that required an OPA for all remodeling or new construction projects with an estimated minimum cost of $10,000; and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") and the City Council will consider the 2007 Amendment to the Redevelopment Plan ("2007 Amendment") in order to bring land use provisions of the Redevelopment Plan for the Town Centre I Project Area ("Project Area") into conformance with the Specific Plan; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality ~ t!.- / Act (14 Cal. Code Regs. Section 15000 et seq.), and the local procedures adopted by the Agency pursuant thereto, the City has prepared and completed a proposed Environmental Impact Report for the Specific Plan; and WHEREAS, the Agency has previously certified an Environmental Impact Report prepared in connection with the Redevelopment Plan; and WHEREAS, pursuant to Section 33452 of the Law, public notice has been duly given, and a full and fair public hearing has been held on the proposed 2007 Amendment. NOW, THEREFORE, THE CHULA VISTA REDEVELOPMENT CORPORATION DOES RECOMMEND AS FOLLOWS: Section 1. That the Agency rescind the documents and policies, as referenced in the above recitals, to bring the Redevelopment Plan in conformance with the adopted General Plan and the proposed Urban Core Specific Plan. PASSED, APPROVED, AND ADOPTED this 26th day of April, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cheryl Cox Chairman (SEAL) ATTEST: City Clerk c2C.~ I, , City Clerk of the City of Chula Vista, do hereby certify that the foregoing Ordinance No. was duly and regularly passed and adopted by the Chula Vista Redevelopment Corporation at a meeting thereof held on the day of , 2007, and that the foregoing is a full, true, and correct copy of said Ordinance, and has not been amended or repealed. City Clerk (SEAL) ;<C3 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA RESCINDING IMPLEMENTING DOCUMENTS OF THE TOWN CENTRE I REDEVELOPMENT PLAN WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted the original Town Centre I Redevelopment Plan ("Redevelopment Plan") on July 6, 1976, by Ordinance No. 1691 and has subsequently amended the Redevelopment Plan on five separate occasions, on July 17,1979, by Ordinance No. 1872, April 22,1986, by Ordinance No. 2146, January 4,1994, by Ordinance No. 2585, November 8, 1994, by Ordinance No. 2609, and on June 23, 1998, by Ordinance No. 2735, incorporated herein by reference, and has designated the Redevelopment Plan as the official redevelopment plan for the Town Centre I Project; and WHEREAS, the proposed Urban Core Specific Plan ("Specific Plan") will refine and implement a vision for downtown Chula Vista as expressed in the City's General Plan; and WHEREAS, pursuant to the California Redevelopment Law ("Law") (Health and Safety Code 33000, ei seq.) Section 33331, a redevelopment plan must conform to the general plan; and WHEREAS, the Planning Commission of the City of Chula Vista ("Planning Commission") has reviewed the Specific Plan and has determined that it is consistent with the General Plan of the City of Chula Vista; and WHEREAS, certain planning, design, and operational documents were approved by the Redevelopment Agency of the City of Chula Vista ("Agency") in connection with and since the establishment of the Redevelopment Plan; and WHEREAS, those documents are the Town Centre Design Manual ("Design Manual") adopted on November 4, 1976 and amended March 3, 1977, the Town Centre Procedures Manual ("Procedures Manual") adopted December 1, 1976, and the Town Centre I Land Use Policy ("Land Use Policy") adopted on September 1, 1977, and amended January 15,2002; and WHEREAS, on June 1, 1978, the Agency approved an Amendment to the Owner Participation Agreement ("OPA") Guidelines by resolution that required an OPA for all remodeling or new construction with an estimated cost of $10,000; and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") and the City Council will consider the 2007 Amendment to the Redevelopment Plan ("2007 Amendment") in order to bring land use provisions of the Redevelopment Plan for the Town Centre I Project Area ("Project Area") into conformance with the Specific Plan; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq.), and the local procedures adopted by the Agency pursuant thereto, the City has prepared and completed a proposed Environmental Impact Report for the Specific Plan; and cXd I WHEREAS, the Agency has previously certified an Environmental Impact Report prepared in connection with the Redevelopment Plan; and WHEREAS, pursuant to Section 33452 of the Law, public notice has been duly given, and a full and fair public hearing has been held on the proposed 2007 Amendment. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DOES RESOLVE AS FOllOWS: Section 1. That the Design Manual, Procedures Manual, land Use Policy, and the OPA requirement for remodeling and new construction projects of $10,000 or less, as referenced in the above recitals, be rescinded to bring the Redevelopment Plan in conformance with the adopted General Plan and the proposed Urban Core Specific Plan. PASSED, APPROVED, AND ADOPTED this 261h day of April, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cheryl Cox Chairman (SEAL) ATTEST: City Clerk cfdd{ I, ,City Clerk of the City of Chula Vista, do hereby certify that the Resolution No. was duly and regularly passed and adopted by the Redevelopment Agency of the City of Chula Vista at a meeting thereof held on the day of ,2007, and that the foregoing is a full, true, and correct copy of said Resolution, and has not been amended or repealed. City Clerk (SEAL) 4d3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 06-01) FOR THE URBAN CORE SPECIFIC PLAN AND RELATED ACTIONS; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on December 13, 2005 an update to the City's General Plan was approved which provides a contemporary vision for the Urban Core, the traditional downtown of the City. The General Plan Vision for the Urban Core of the City states that the Urban Core will contain the greatest diversity of public, commercial, civic, financial, cultural, and residential uses emphasizing its role as the hub of the City; and WHEREAS, the General Plan Vision for the traditional residential neighborhoods that surround the Urban Core states that the attractiveness -of living in these areas will be enhanced by the Urban Core's diversity in character and architectural style and enhanced access to facilities and services; and WHEREAS, the Land Use and Transportation Element of the General Plan calls for the Urban Core Specific Plan (UCSP), or other zoning regulations to implement the new land uses, in particular mixed use and urban core residential zoning districts, to ensure the systematic implementation of the 2005 General Plan; and WHEREAS, the UCSP will serve as the specific plan to direct and guide the development of the Urban Core, including the Downtown and surrounding areas, towards this goal by directly regulating land use and establishing a focused development scheme and process for the area; and WHEREAS, Chula Vista Municipal Code Section 19.07.010 adopts by reference Sections 65450 through 65457 of the California Government Code that authorizes the local legislative body to initiate the preparation of a specific plan to implement the policies of a general plan; and WHEREAS, the requirement to have zoning consistent with the City's General Plan is established in CVMC Section 19.06.030 and California Government Code 65860. The UCSP is the first in a series of significant zoning documents that are anticipated to implement the vision established by the 2005 General Plan; and WHEREAS, on May 27, 2003, the City Council approved Resolution No. 2003-236 to initiate the preparation of the UCSP; and WHEREAS, in January 2004 the consulting firm of RRM Design Group was retained to assist staff in the preparation of the UCSP; and WHEREAS, on August 3, 2004 the City Council appointed an 18 member Advisory Committee to work with the City's staff and consultant team and the community in developing some of the major components of the UCSP, and the UCSP Advisory Committee held it's first meeting as a two day event on August 13 and 14, 2004 to begin preparation of the draft UCSP; and WHEREAS, in September 2004, a community workshop was held to gather public input on matters related to the preparation of the draft UCSP; and WHEREAS, based on input from Committee members and the public at these meetings, draft "Vision Plans" were created to set the framework for developing the UCSP; and c!e/ WHEREAS, the draft Vision Plans were presented to the UCSP Advisory Committee followed by presentation to a joint City Council/Planning Commission workshop on November 17, 2004, and a second community workshop. Based on the positive reaction to the Vision Plans the staff and consultant team began developing major components of the UCSP; and WHEREAS, in October 2004, the consulting firm of RECON Environmental Inc. was retained to assist staff in the preparation of an environmental impact report for the UCSP; and WHEREAS, monthly meetings of the UCSP Advisory Committee were held from January through June 2005. These well attended meetings held with the UCSP Advisory Committee provided direction on significant planning issues such as new permitted land uses, development standards, design guidelines, and gateway design elements; and WHEREAS, in September 2005, the General Plan Draft EIR was released for public review, followed by public hearings and approval of the General Plan on December 13, 2005; and WHEREAS, following the adoption of the General Plan in December 2005, a preliminary "Public Review Draft" UCSP was presented to the Advisory Committee in March 2006. In addition, a third community workshop, jointly sponsored by the Northwest Civic Association and Crossroads II, was held to provide the community with an overview of the UCSP and garner additional preliminary input on the draft UCSP. Feedback from both of these events was considered and incorporated, as determined appropriate by staff and the consultant team, into a "Public Review" Draft UCSP; and the Draft EIR was prepared for a 45 day public review period; and WHEREAS, the UCSP has been prepared pursuant to the authority granted in the Chula Vista Municipal Code Section 1907, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451; and WHEREAS, Chapters V, IX, X, XI and Appendix D of the UCSP provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development; and WHEREAS, the UCSP Environmental Impact Report 06-01 has been prepared as a Program EIR and includes an evaluation of the growth management quality of life thresholds at a programmatic level. The Final EIR Mitigation Monitoring and Reporting Program (MMRP) provides a summary of the impacts analysis and/or mitigation measures that address provision of public services and facilities and requires subsequent development projects to contribute to the provision of public services and facilities commensurate with their impact as development occurs over the course of the next 20 years; and WHEREAS, a Draft EIR 06-01 for the Urban Core Specific Plan was issued for public review on May 31, 2006, and was processed through the State Clearinghouse; and WHEREAS, during the public review period for the DEIR, information sessions/workshops were held with the Design Review Committee, Planning Commission, and Chula Vista Redevelopment Corporation to provide an overview of the UCSP to these advisory bodies in preparation of future public hearings; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing for Draft EIR 06-01 on July 13, 2006, to close the public review period, and following the close of the public hearing, the public review period ended on July 13 2006; and WHEREAS, a Public Hearing Draft UCSP (PCM 07-01) has been prepared and incorporates revisions to the Public Review Draft UCSP, as described in the Public Hearing Draft "Errata" based on public input and minor revisions to correct information; and WHEREAS, a Final Environmental Impact Report (FEIR 06-01) has been prepared on the Urban Core Specific Plan in accordance with the California Environmental Quality Act; and d{~o{ WHEREAS, the Community Development Director set the time and place for a hearing before the Design Review Committee of the City Of Chula Vista to consider and make recommendations to the City Council on the proposed Design Guidelines (Chapter VII and VIII) of the UCSP. Notice of said hearing, together with its purpose, was given pursuant to California Government Code 65091 and 65092 at ieast ten days prior to the hearing; and WHEREAS, on September 25, 2006 the Design Review Committee of the City Of Chula Vista considered the proposed Design Guidelines (Chapter VII and Viii) of the UCSP and recommended that the City Council adopt the Resoiutions approving the Design Guidelines (UCSP Chapter VII and VIII) as presented; and WHEREAS, the Community Development Director set the time and place for hearings for on October 11, 2006 and March 28, 2007 on said Public Hearing Draft UCSP (PCM 07-01) before the City Of Chula Vista Planning Commission to consider and make recommendations to the City Council on the Public Hearing Draft UCSP (PCM 07-01) pursuant to Government Code 65854-65861 which establishes the process for adopting zone changes. 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. WHEREAS, based on input received at these hearings, additional minor modifications were recommended to the Public Hearing Draft UCSP. These modifications have been analyzed, in the context of the FEIR, and it was determined that the recommended changes would not affect the impact analysis or significance conclusions of the FEIR. The information to support such determination is provided in the UCSP Agenda Statement report dated April 26, 2007; and I . WHEREAS, on March 28, 2007, the City Of Chula Vista Planning Commission considered the Public Hearing Draft UCSP (PCM 07-01) and recommended by a vote of 5-0-2 that the City Council adopt the Ordinance approving the Public Hearing Draft UCSP (PCM 07-01) and related actions as presented and the minutes and resolution resulting there from, are hereby incorporated into the record of these proceedings; and WHEREAS, the Community Development Director set the time and place for a hearing for April 26, 2007 on said Public Hearing Draft UCSP (PCM 07-01) before the Chula Vista Redevelopment Corporation to consider and make recommendations to the City Council pursuant to CVMC 2.55.050. 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. WHEREAS, the hearing was held at the time and place as advertised, namely on April 26, 2007 at 6:00 p.m. in the City Councii Chambers, 276 Fourth Avenue, before the Chula Vista Redevelopment Corporation and after receiving public testimony 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 Public Hearing Draft UCSP, DEIR and FEIR and the Chula Vista Redevelopment Corporation of the City of Chula Vista certified the FEiR (EiR 06-01) for the Urban Core Specific Pian and reiated actions; and made certain findings of fact; adopted a statement of overriding considerations; adopted a mitigation monitoring and reporting program pursuant to the California Environmental Quality Act; recommended that the City Council certify EIR-06-01 ; and recommended that the City Council adopt the Urban Core Specific Plan (PCM 07-01) and related actions as presented; and the minutes and resolution resulting there from, are hereby incorporated into the record of these proceedings; and WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the Project, dated September 2006 (Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk), conclude that proposed mitigation measures outlined in Final EIR 06-01 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself to implement those measures. These findings are not merely information or advisory, but constitute a binding set of o{-1L-3 obligations that will come into effect when the City adopts the resolution approving the project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program, Exhibit "8" of this Resolution, a copy of which is on file in the office of the City Clerk, are expressed as conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of impiementing the Urban Core Specific Plan; and WHEREAS, the Community Development Director set the time and place for a hearing on said UCSP 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, pursuant to California Government Code section 65090, the City Council held a duly noticed public hearing on Aprii 26, 2007 on the FEIR 06-01 for the UCSP and the Public Hearing Draft UCSP (PCM 07-01) and related actions. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA, having reviewed and considered the information in the Final EIR, does hereby certify Final EIR-06- 01 and find, determine, resolve and order as follows: I. CHULA VISTA REDEVELOPMENT CORPORATION RECORD The proceedings and all evidence introduced before the Chula Vista Redevelopment Corporation at their public hearing on Draft EIR-06-1 held on July 13, 2006, the minutes and resolutions resulting from the Chula Vista Redevelopment Corporation meetings of July 13, 2006, the minutes and resolutions resulting from the Chula Vista Redevelopment Corporation meeting on April 26, 2007, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision- makers, including all documents specified in Public Resources Code Section 21167.6, subdivision(e(1)- (11)), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code s21000 et seq.). Pursuant to CEQA Guidelines section 15091(e), the City of Chula Vista specifies the Environmental Review Coordinator of the City and the City Clerk as the custodians of the documents which constitute the records of proceedings. II. FEIR 06-01 CONTENTS That the FEIR 06-01 consists of the following: 1. Final EIR for the City of Chula Vista Urban Core Specific Plan (including all technical appendices); and 2. Comments on the Draft EIR and the Lead Agency's Responses to Comments; and 3. Errata (All hereafter collectively referred to as "FEIR 06-01") III. ACCOMPANYING DOCUMENTS TO FEIR 06-01 Mitigation Monitoring and Reporting Program; and Findings of Fact and Statement of Overriding Considerations IV. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT c:?~j The Chula Vista Redevelopment Corporation does hereby find that FEIR 06-01, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, a copy which is on file with the office of the City Clerk) have been prepared in accordance with the requirement of CEQA (Pub. Resources Code, 921000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 915000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT .nJDGMENT OF CHULA VISTA CITY COUNCIL The City Council of the City of Chula Vista finds that the FEIR 06-01 reflects the independent judgment and analysis of the City of Chula Vista. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The City Council of the City of Chula Vista does hereby approve, accepts as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk. B. Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 06-01 and in the Findings of Fact for this Project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the City Council of the City of Chula Vista hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described and specifically identified in the above referenced documents are feasible and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. C. Infeasibility of Alternatives and Selected Mitigation Measures As more fully identified and set forth in FEIR 06-01 and in the Findings of Fact, for the Project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the City Council of the City of Chula Vista hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project which were identified in FEIR-06-01, and selected mitigation measures, are determined to be infeasible based on specific economic, legal, social, technological or other considerations. The Findings of Fact identify the factual basis for this conclusion, which includes but is not limited to the determination that project alternatives and selected mitigation measures do not reduce impacts to a less than significant level or meet several project objectives. D. Statement of Overriding Considerations Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the Project, or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista hereby issues and approves, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "A," a copy of which is on file in the office of the City Clerk, identifying the specific economic, legal, social, technological and other considerations that render the unavoidable significant adverse environmental effects acceptable. c1e. .6 E. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code SectiDn 21081.6, the City CDuncil Df the City Df Chula Vista hereby adDpts the MitigatiDn MDnitDring and RepDrting Program set fDrth in Exhibit "B" Df this ResDlution, a CDPY Df which is Dn file in the Dffice Df the City Clerk. The City CDuncil Df the City of Chula Vista further finds that the PrDgram is designed to ensure that, during project implementation, the City and any other responsible parties implement the project compDnents and cDmply with the mitigatiDn measures identified in the Findings Df Fact and the MitigatiDn MDnitoring and RepDrting PrDgram. VII. NOTICE OF DETERMINATION The Environmental Review CDDrdinatDr Df the City Df Chula Vista is directed after City CDuncil approval Df this PrDject tD ensure that a Notice Df Determination is filed with the CDunty Clerk Df the County Df San DiegD. These dDcuments, alDng with any dDcuments submitted tD the decisiDn-makers, including dDcuments specified in Public ResDurces Code SectiDn 21167.6, sUbdivisiDn(e)(1)-(11), shall cDmprise the entire record Df proceedings fDr any claims under the CalifDrnia Environmental Quality Act ("CEQA") (Public Resources CDde 921000 et seq.). BE IT FURTHER RESOLVED THAT, having cDnsidered the information cDntained in the Final EIR, the City CDuncil of the City Df Chula Vista certifies EIR-06-01 and finds that the Findings Df Fact and Statement Df Overriding ConsideratiDns (Exhibit "A" tD this ResDlutiDn, a CDPY which is Dn file with the office Df the City Clerk), and the MitigatiDn Monitoring and Reporting Program (Exhibit "B" tD this ResDlutiDn, a CDPY which is on file with the office Df the City Clerk) have been prepared in accordance with the requirement of CEQA (Pub. ResDurces CDde, 921000 et seq.), CEQA Guidelines (CalifDrnia CDde Regs. Title 14 915000 et seq.), and the Environmental Review Procedures Df the City Df Chula Vista and, therefDre, ShDUld be certified. Presented By: ApprDved as to fDrm by: Ann B. Hix DirectDr Df Community DevelDpment Ann MDDre City Attorney of e. G, PLEASE NOTE THAT EXHIBIT A (CEQA FINDINGS) AND EXHIBIT B (MMRP) ARE IDENTICAL TO EXHIBITS A AND B OF THE CVRC RESOLUTION CERTIFYING EIR 06-01 AND THEREFORE ARE NOT ATTACHED TO THIS RESOLUTION. =?e1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE URBAN CORE SPECIFIC PLAN (PCM-07-01) AND RELATED REZONINGS TO IMPLEMENT THE 2005 GENERAL PLAN I. Recitals. A. Specific Plan Boundaries WHEREAS, the Urban Core Specific Plan (UCSP), which is the subject of this Ordinance, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for' the purpose of description is generally located east of 1-5, west of Del Mar Avenue, north of L Street, and south of C Street. The new zoning regulations and design guidelines of the UCSP would only apply to approximately 690 acres, referred to as the "Subdistricts Area" as depicted in Exhibit A. Outside of the Subdistricts Area, existing zoning would not be changed. B. Preparation of the Specific Plan WHEREAS, on May 27, 2003 the City Council by Resolution No. 2003- 236 initiated preparation of the UCSP; and WHEREAS, in January 2004 the consulting firm of RRM Design Group was retained in assist staff in the preparation of the Urban Core Specific Plan; and WHEREAS, on August 3, 2004 the City Council appointed an 18 member Advisory Committee to work with the City's staff and consultant team and the community in developing some of the major components of the UCSP; and WHEREAS, monthly meetings of the UCSP Advisory Committee were held from January through June 2005 to provide direction on significant planning issues; and WHEREAS, following the adoption of the General Plan in December 2005, a preliminary "Public Review Draft" UCSP was presented to the Advisory Committee in March 2006 and a "Public Review" Draft UCSP was prepared; and C. Project Description WHEREAS, the UCSP is the first in a series of significant zoning documents prepared to implement the 2005 General Plan. The new zoning regulations, in particular mixed use and urban core residential zoning districts, c{F/ Ordinance No. Page 2 will ensure the systematic implementation of 2005 General Plan as required by Chula Vista Municipal Code (CVMC) Section 19.06.030 and California Government Code 65860. The zoning regulations contained in the Public Hearing Draft UCSP (PCM 07-01), specifically Chapter VI, will replace existing Municipal Code zoning classifications for the properties within the UCSP Subdistricts Area (Exhibit A) and will introduce new zoning classifications for mixed-use (retail/office), mixed-use with residential, and urban core residential (high-density residential) as anticipated by the 2005 General Plan; and WHEREAS, the UCSP has been prepared pursuant to the authority granted in the Chula Vista Municipal Code Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451; and WHEREAS, Chapters V, IX, X, XI and Appendix D of the UCSP provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development; and WHEREAS, the UCSP Environmental Impact Report 06-01 has been prepared as a Program EIR and includes an evaluation of the growth management quality of life thresholds at a programmatic level. The Final EIR Mitigation Monitoring and Reporting Program (MMRP) provides a summary of the impacts analysis and/or mitigation measures that address provision of public services and facilities and requires subsequent development projects to contribute to the provision of public services and facilities commensurate with their impact as development occurs over the course of the next 20 years; and D. Planning Commission Record WHEREAS, the Planning Commission held a duly noticed public hearing to consider said project on October 11, 2006 and March 28, 2007; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended that the City Council adopt the UCSP (PCM 07 -01); and WHEREAS, the proceedings and all evidence introduced on this application before the Planning Commission at their public hearing held on October 11, 2006 and March 28, 2007, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and E. Chula Vista Redevelopment Corporation Record WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing to consider said project on April 26, 2007; and ='? r c:<. Ordinance No. Page 3 WHEREAS, the Chula Vista Redevelopment Corporation after considering all evidence and testimony presented recommended that the City Council adopt the UCSP (PCM 07-01); and WHEREAS, the proceedings and all evidence introduced on this application before the Chula Vista Redevelopment Corporation at their public hearing held on April 26, 2007, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and WHEREAS, the Chula Vista Redevelopment Corporation of the City of Chula Vista, having reviewed and considered the information in the Public Hearing Draft UCSP (PCM 07-01) recommends that the City Council of the City of Chula Vista find, determine, resolve and order that the UCSP has been prepared pursuant to CVMC Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451; and WHEREAS, the Chula Vista Redevelopment Corporation of the City of Chula Vista, having reviewed and considered the information in the Public Hearing Draft UCSP (PCM 07-01) recommends that the City Council of the City of Chula Vista find, determine, resolve and order that pursuant to CVMC 19.06.030 and Government Code Section 65860 the UCSP is consistent with the 2005 General Plan as supported by the Public Hearing Draft UCSP (pCM 07-01), Final EIR (No.06-01) and analysis including attachments to the agenda statement to the City of Chula Vista Chula Vista Redevelopment Corporation, Redevelopment Agency and City Council dated April 26, 2007 and is supported by public necessity, convenience, general welfare, and good zoning practice; and WHEREAS, the Chula Vista Redevelopment Corporation of the City of Chula Vista, does hereby recommend that the City Council Introduce an ordinance Approving Public Hearing Draft UCSP (PCM 07-01) and Amending the zoning map; and F. Environmental Determination WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and determined that an Environmental Impact Report (EIR) is required. A Final Environmental Impact Report has been prepared for the UCSP and related actions, and is available at least 10 days prior to the City Council hearing date. The Final EIR identifies that the proposed project would result in significant, unmitigated impacts related to air quality, cultural resources, energy, and transportation. Impacts to geology, hazards, hydrology, land use, landform alteration/aesthetics, noise, paleontology, population and housing, public 0{ ;::-6 Ordinance No. Page 4 services, and public utilities are less than significant or mitigated to less than significant; and WHEREAS, the City Council has exercised their independent review and judgment and concurs that said documents were prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; and G. City Council Record WHEREAS, a duly called and noticed public hearing was held before the City Council on April 26, 2007 on the UCSP and to receive the recommendations of the Planning Commission and Chula Vista Redevelopment Corporation and to hear public testimony with regard to the same; and WHEREAS, the City Council held an advertised public hearing on the project on April 26, 2007, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue ~nd, after hearing staff presentation and public testimony, the Council voted x - x to approve the UCSP. NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does hereby ordain as follows: 1. That the UCSP plan is in conformance with the City's General Plan based on the following findings of fact. In December 2005, after a multi-year planning process, the Chula Vista City Council adopted a new General Plan that represents the vision for the City through the year 2030. With the approval of new land use designations under the 2005 General Plan, new zoning regulations, in particular mixed use and urban core residential zoning districts, are required to ensure the systematic implementation of General Plan. The Urban Core Specific Plan (UCSP) is the first in a series of significant zoning documents that would implement the 2005 General Plan. The 2005 General Plan largely focused on the revitalization and redevelopment of the western portion of the city and described a new vision for portions of the City referred to as the "urban core. The long-range vision as described in the 2005 General Plan anticipates that: "The urban core has developed into a vibrant area, with housing; shops; restaurants; entertainment; and activities that attract from eastern Chula Vista and city-wide. Higher density housing, shopping, and job centers are located near the major transit stations, including E Street and Interstate 5; H Street and Interstate 5; and near Third Avenue and H Street. These key activity nodes give people transportation choices, encourage the use of ~f'f Ordinance No. Page 5 mass transit, and help to reduce vehicular traffic. They are accentuated by landmark building design, and for the two Transit Focus Areas at E Street/Interstate 5 and H Street/Interstate 5, strategic use of some taller (high-rise) structures that draw attention, and provide unique identities for these important gateway entrances to the urban core and the bayfront. A network of linked urban parks and plazas creates pleasant pedestrian routes and provides areas for community activities. Increased population (residents and workers) in the Urban Core Subarea has created opportunities for more shops and a variety of restaurants. Entertainment and cultural arts are housed in new and renovated buildings, offering both day and evening activities. The streets are bustling with shoppers and people enjoying outdoor dining or heading to entertainment venues. A grade-separated trolley line at E and H Streets has improved the flow of east-west traffic, while a local shuttle provides frequent service between Urban Core Subarea activity centers. The Bus Rapid Transit (BRT) line allows residents in the East Planning Area convenient access to the Urban Core Subarea. F Street is a pedestrian-oriented promenade that links Third Avenue; the Civic Center; Broadway; the E Street transit center; and the Bayfront Planning Area with themed landscaping and public art. The freeway crossings of Interstate 5 have been widened to accommodate additional pedestrian use, and entryways into the Urban Core Subarea are enhanced and inviting. Chula Vista's Urban Core Subarea has matured into an urban, pedestrian-oriented, active area that continues to be the primary economic, governmental, and social focal point of the south San Diego County region. " The proposed UCSP is based on the objectives provided in the 2005 General Plan and provides further detail on how these objectives will be implemented. The components of the UCSP implement the 2005 General Plan vision of a vibrant urban core and include mobility recommendations, land use and development regulations, development design guidelines and incentives, public realm design guidelines, infrastructure and public facilities improvements, and a community benefits program. Exhibit B also provides a reference to the applicable General Plan Land Use and Transportation Objectives that are implemented through the various chapters of the UCSP. Chapter V - Mobility of the UCSP provides a variety of approaches and strategies to "get people from here to there" as envisioned by the Land Use and Transportation Element of the 2005 General Plan. Improvements for the main thoroughfares and other streets within the Urban Core are identified and address pedestrian, bicycle, transit, automobile and parking opportunities. Traffic calming elements, pedestrian improvements and paseos are introduced to slow traffic and create a more pedestrian-friendly environment. Recommendations for new c;? ~:j- Ordinance No. Page 6 and upgraded bikeway facilities throughout the area for both recreational and commuting users are also included. As envisioned by the Land Use and Transportation Element of the 2005 General Plan, three transit focus areas within the Urban Core provide multi-modal opportunities for both local and regional transit and a new shuttle loop system serving the Urban Core and Bayfront is proposed. Various roadway network and capacity improvements are proposed, especially in areas where the street grid has been interrupted over time and off- street public parking strategies are also proposed within the Urban Core. Chapter VI - Land Use and Development Regulations of the UCSP establish three different Specific Plan Districts - Village, Urban Core and Corridors which are further defined into sub-districts, each with customized form based regulations and standards. Subdistrict regulations shape the building form and intensity, allowable land uses, and parking requirements. As envisioned by the Land Use and Transportation Element of the 2005 General Plan, land uses are proposed to encourage a mix of pedestrian-oriented commercial uses with higher density residential uses. Development and parking standards encourage locating buildings closer to the street (i.e. with parking behind or tucked under the building).The regulations also stress flexibility and provision of urban amenities such as streetscape improvements, parks, plazas, transit, cultural arts and mixed use. The tallest buildings are allowed at the transit focus areas at 1-5/H Street and 1-5/E Street where support by alternative modes of transportation is readily available. Neighborhood Transition Combining Districts have been created for subdistricts adjacent to R-1 and R-2 zoning areas to protect and buffer existing residential neighborhoods and ensure compatible, stepped-back building heights and setbacks. Special provisions address live/work units, mixed-uses and parking structures. Zoning incentives are provided to encourage development to provide high performance buildings and urban amenities such as parks and plazas beyond required levels. Chapter VII - Development Design Guidelines of the UCSP provide comprehensive design guidelines for development within the three Specific Plan Districts, as well as special guidelines for hotels, mixed-use projects, multi-family residential projects, and sustainability. The form-based guidelines supplement the Specific Plan development regulations to create a more attractive, well- designed urban' environment. These guidelines apply to construction, conservation, adaptive reuse, and enhancement of buildings and street scenes. Although no specific architectural style is prescribed, the quality of design is guided by policies addressing site planning, building height/form/mass, building materials/colors, storefront design, landscaping, lighting, parking, circulation, signs and other development considerations. The goal of the guidelines is to create a positive image for the Urban Core and frame the streets and sidewalks with inviting buildings, entrances, awnings and outdoor dining areas. Chapter VIII - Public Realm Design Guidelines of the UCSP focuses on ways to create more attractive and pedestrian-friendly public environments and gathering c;? r(P Ordinance No. Page 7 places. Street furniture, landscaping, sidewalks, crosswalks, lighting, paseos, public art, parks and plaza concepts are defined. Two main themes emerge within the Specific Plan: an art-deco inspired design theme is proposed along Third Avenue, building upon the era when much of the development along the street occurred, and a more contemporary theme is proposed for the remaining public realm areas in the Urban Core, indicative of a forward-looking Chula Vista. Gateway treatments are proposed at six locations to welcome people to the Urban Core and to reinforce the identity of the Urban Core. Based on the above, the City Council does hereby find that the proposed UCSP is consistent with the 2005 General Plan and that the public necessity, conveniences, general welfare, and good zoning practice support its approval and implementation. 2. That the specific plan has been prepared in accordance with the City's Municipal Code and the California Government Code provisions governing specific plans based on the following findings of fact. Chula Vista Municipal Code Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 establish the statutory authority for specific plans. As provided in CVMC Chapter 19.07, "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." The UCSP has been prepared as an implementing document for future land uses, public improvements, and programs as provided for in the 2005 General Plan. The new zoning regulations proposed in the UCSP would replace existing Municipal Code zoning classifications for the UCSP Subdistricts Area and introduce new zoning classifications for mixed-use retail/office, mixed-use residential, and Urban Core (high density) residential as required by the 2005 GP (Reference GP Table 5-4). The following table identifies the mandatory information required in a specific plan pursuant to CVMC 19.07 and Section 65451 of the Government Code and the corresponding chapter(s) where the information is contained in the UCSP. 4F'7 Ordinance No. Page 8 The specific plan shall include: a statement of the relationship of the specific plan to the general plan. The type, distribution, location, amount, intensity of all land uses, within the area covered by the plan. The approximate total pOp"ulation anticipated with the Plan's area. A depiction of any and all subareas or other districts within which the Plan's provisions will be applied. Standards, regulations, criteria and guidelines by which all development shall proceed within the Plan and any of its subareas or districts. 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 described in the plan. A program indicating how and when the facilities and services to support the developing land uses will be installed or financed, and including the following: a. A list of facilities and services The specific plan shall include a statement of the relationship of the specific plan to the general plan. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. 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 described in the plan. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry the above. c1 Pc? Chapter II Chapters VI,VIII, and Appendix E Chapters II, IX, and Appendix E Chapters II and VI Chapters VI, VII and VIII Chapters V, VIII, IX, and Appendix E Chapters IX, X, Appendix D, and Append ix E Ordinance No. Page 9 b. An inventory of present and future requirements for each facility and service based upon the City's Growth Management Thresholds Standards c. A phasing schedule that addresses the timing for installation or provisions for required facilities and services. d. A financing program identifying the methods for funding those facilities and services consistent with the phasing schedule, and insures that the funds are spent on said facilities pursuant to the phasing sched ule. Provisions and procedures for the Chapters X, XI, comprehensive implementation and and FEIR administration of the Plan The City Council does hereby find that the UCSP has been prepared pursuant to the authority granted in the Chula Vista Municipal Code Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the rnandatory elements identified in Government Code Section 65451. 3. That the associated dernands on public facilities and services due to development allowed by the specific plan are identified prior to development, and will be mitigated prior to, or concurrent with the development, and in conformance with the City's Growth Management Ordinance CVMC 19.09 based on the following findings of fact; and 4. That a financing program has been prepared which identifies the methods for funding for those facilities and services, and insures that the funds are spent on said facilities pursuant to the phasing schedule based on the following findings of fact. The General Plan was updated in December 2005 and created a new vision for the city. 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 stable single family neighborhoods, better utilize land resources, reduce environmental effects and make more efficient use of existing infrastructure. d2Fj Ordinance No. Page 10 The General Plan calls for the preparation and adoption of specific plans to carry out the vision of the GP in an organized and orderly fashion. The UCSP implements the policies and objectives of the GPU to direct a portion of the growth expected to occur in the City over the next 20 years to the Urban Core Area, by providing zone changes, development regulations and design guidelines to accommodate future growth. As described above under Finding 2, The UCSP includes an assessment of 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 that would be located within the area covered by the plan and needed to support the land uses described in the plan. In addition, the UCSP includes a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry the plan. Specifically, Chapters V, VIII, IX, X, XI and Appendix D of the UCSP and the UCSP FEIR 06-01, including the Mitigation Monitoring and Reporting Program (MMRP), provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development. As described in the UCSP and FEIR, subsequent new development would be required to provide adequate public services and facilities commensurate with their impact. Chapter V (Mobility), Chapter VIII (Public Realm Design Guidelines), Chapter IX (Infrastructure and Public Facilities) of the UCSP and Chapters 5.8, 5.11 and 5.12 of the Final EI R provide an assessment of the demands on public facilities and infrastructure due to development that may occur as a result of the specific plan. Chapter X provides a detailed description of improvements and Appendix D Urban Core Specific Plan - Public Facilities Implementation Analysis (PFIA) provides projected cost estimates, projected timing of facilities, and financing mechanisms and revenues. The revenues are based on projected tax increment and development impacts fees routinely collected as development occurs in the City. These existing City-wide Public Facilities Development Impact Fees (DIF) include: · City-wide Park Acquisition and Development (PAD) Fee . City-wide Recreation DIF . Sewer fees . Storm drain fees . Traffic signal fees · School impacts fees (collected pursuant to Government Code 65996) ~~/J Ordinance No. Page 11 These fees would continue to be collected from new development as it occurs in the urban core. Additionally, the Engineering Department will begin developing a Transportation Development Impact Fee (TDIF) within the next year, to address additional funding for future long-term traffic intersection impacts that may occur as a result of "worst case" maximum buildout. In addition, the UCSP FEIR, prepared as a Program EIR, includes an evaluation of the City's growth management quality of life thresholds at a programmatic level based on development projections over the course of the next 20 years. The EIR identifies mitigation measures which would be applied on a project-by- project basis during subsequent review of individual development projects. The Final EIR Mitigation Monitoring and Reporting Program (MMRP) provides a summary of the impacts analysis and/or mitigation measures for significant impacts that address provision of public services and facilities. The MMRP ensures that subsequent new development implements timely mitigation for impacts associated with new development, which includes but is not limited to the installation of infrastructure or payment of fees for needed public facilities as a result of new growth. These requirements would be assured through the subsequent discretionary design review and approval of future project specific Urban Core Development Permits. Although the UCSP is intended to attract future development to the Subdistricts Area, the timing, location and extent of subsequent development projects are unpredictable because of the unique nature of urban revitalization. To further ensure the timely provision of public services and facilities, monitoring of on- going development activity would be assessed through the City's existing annual growth management monitoring and reporting. Monitoring programs, such as the traffic monitoring program which monitors the actual performance of the street system by conducting roadway segment travel time studies, would track the rate and effect of growth on an annual basis. In addition to the annual GMO review, the bi-annual Budget/CIP cycle and a five year status report would provide additional checks and balances of future growth. The integrated system of growth management programs, standards, regulations, facility master plans, funding systems and monitoring activities provide an effective system of checks and balances to ensure that the provision of public services and facilities keeps in step with new development. The City Council having reviewed and considered the information in the Public Hearing Draft UCSP (PCM 07-01), Draft and Final EIR No. 06-01 and all reports, evidence and testimony presented at the public hearing find, determine, and order that the UCSP Chapters V, VIII, IX, X, XI and Appendix D of the UCSP and the UCSP FEIR 06-01, including the Mitigation Monitoring and Reporting Program (MMRP), (all compiled within Appendix E) provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development and is in conformance with the City's Growth Management Ordinance CVMC 19.09. of P // Ordinance No. Page 12 4. The City Council does hereby amend the City of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code to rezone properties within the UCSP Subdistricts Area as depicted in Exhibit "C". II. Severability The City Council declares that should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance shall remain in f,ull force and effect. III. Effective Date This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading. The provisions of the Specific Plan shall be applied to new development applications submitted after the effective date of the ordinance adopting the Specific Plan. The provisions of the Specific Plan do not apply to projects which have been legally constructed or are under construction in conformance with all City required permits, or to projects which have received required discretionary permit approvals but are not yet under construction. On a case by case basis the zoning administrator may, as requested by the project applicant and pursuant to the provisions of CVMC 19.07.030(C), afford pipeline status to those projects which have been substantially processed consistent with existing zoning prior to the Specific Plan adoption, but which have not yet received discretionary approvals. Presented by Approved as to form by Ann B. Hix Acting Director Community Development Ann Moore City Attorney of F/cZ EXHIBIT "A" UCSP Subdistricts Area Map ~P/3 ~ 'i} "- ~ - - " \l~ , & .r ",,,,:il'l 1#., ~ I, " Specific Plan Subdistricts Area I Th . "" ~ (;uiil\Hld Hiol1Srh\lul ~ . ~b Et 1 ~ ~ :;J USW_iIs!! rl.tl!\1'ii} 111 !f.J ll1i'llm Ilj ,'!'l ;;;J ~ ;~ ],,",""" (SA'NYSIIJRQ Sl.tNEI ~~_~W'll!t01! ~:;~~_I1~ ~P~;~~~~J: J1 1li~~:~~~1ft ~;~~'mjEd ,q~.~~ -., -'" "'"1lI/l!1l1 ==:t~=t: -I!mlm~ 1.5 F"EEWA~:~'tt~~3%"""H -'''''''''ID'''HI.~, '-5 FREEWAY EXHIBIT "B" General Plan Consistency Analysis c:< H.s- Urban Core Specific Plan 2005 GENERAL PLAN CONSISTENCY TABLE - - Development Public Realm Development Design Design Title Description Mobility Regulations Guidelines Guidelines LUT 1 Provide a balance of development to meet present and future needs and enhance character of the Cit X X LUT2 Limit location of highest development intensity to TFAs X LUT 3 Development that blends with and enhances h sica I and social character X X X LUT 4 Minimize blighting influences and maintain inte rit of stable residential nei hborhoods X X ~ LUT 5 Designate mixed-use areas with higher density housing near shopping, jobs and transit X ~ LUT6 Ensure com atibilit of ad"acent land uses X X LUT 7 Provide appropriate transitions between land uses X X ~ LUT 8 Create physical features that distinguish neighborhoods, communities and public spaces and enhance image as a pedestrian oriented and livable communi X X X X LUT 9 Create enhanced gateway features for entry oints and other im orlant areas X X LUT 10 Create attractive street environments and public ri hts-of-wa X X X X LUT 11 Ensure well-designed buildings and site improvements that are compatible with surroundin ro erlies and districts X X X LUT12 Protect im orlant Historic Resources X LUT 13 Preserve scenic resources, maintain open space network and romote beautification X X X ~ 1; ~ Title LUT 15 LUT 16 LUT 17 LUT 18 LUT 19 LUT 20 LUT 21 LUT 22 LUT 23 LUT 26 LUT 27 LUT 28 LUT 29 LUT 30 Description Improve transit and transportation connections... between ma'or activi centers Integrate land use and transportation planning and facilities Plan and coordinate transit compatible and su ortive develo ment Reduce traffic demand through TOM, increased use of transit, bicycles, walking and other trip reduction means Coordinate state of the art transit s stem Make transit friendly roads a top consideration in land use and development design Maintain a safe and efficient roadway system with sufficient roadway capacity while preserving character and integrity of communities Continue planning for enhancements to LRT service alon west side of Ci Promote use of alternative mobility modes throu h s stem of bike and edestrian aths Establish an Urban Core Improvements Pro ram* Establish program to provide affordable housing, public amenities and community services necessary to support urban development Consider lot consolidation where a ro riate Allow clustering of residential development to im rove amenities for residents Better utilize parking facilities to reduce parking demand before using public expenditures to add arkin Mobility x x x x X X X X X X X - .. Development Regulations X X X X X X X X X X Development Design Guidelines X X X X X - Public Realm Design Guidelines X X X X X - - I1i Development Public Realm Development Design Design Title Description Mobility Regulations Guidelines Guidelines LUT 31 Provide parking that is integrated with land uses, efficient, accommodates alternative vehicles and reduces arkin im acts X X X X LUT 32 Evaluate use and applicability of various strategies to provide parking X X X X LUT 33 Ensure parking facilities are appropriately sited and well-desi ned X X X X LUT 46 Establish linkages between Urban Core and Sa front for edestrians, bic cles and transit X X LUT 47 Establish roadway classifications in the Urban Core Subarea that respond to more urbanized ~ environment, accommodate slower speeds in ped-oriented areas and faciliate multi-modal ~ desi n and amenities X X LUT 48 Increase mobility for residents and visitors in the Urban Core X X X ~ LUT 49 Encourage balanced and complementary redevelopment, infill, and new development within the Urban Core X X X LUT 50 Provide for redevelopment and enhancement of Downtown Third Avenue District X X X LUT 51 Maintain Downtown Third Avenue as focal point forCit X X X LUT 52 Encourage redevelopment of the Chula Vista Center and north of H Street to reinforce transit and gateway corridor and establish significant pubiic gathering space and mixed-use area X X X X LUT 53 Encourage mixed-use redevelopment along H Street between Third and Fourth Ave. X X - - Development Public Realm Development Design Design Title Description Mobility Regulations Guidelines Guidelines LUT 54 Encourage redevelopment of North Broadway Focus Area to establish ped-oriented commercial corridor with housing and local serving commercial X X LUT 55 Encourage redevelopment of E Street between 1- 5 and Broadway with Mixed-Use especially near the E Street Trolley Station with emphasis on visitor-serving uses, office and multi-family residential X X LUT 56 Encourage redevelopment of area between 1-5, ~ Broadway, F and G Streets with high-density residential supported by mixed-use on Broadway X X LUT 57 Encourage redevelopment of area between 1-5, "'- Broadway, G and H Streets with transit-oriented '-\i mixed-use reinforcing gateway and transit boulevard on H Street X X X X LUT 58 Encourage redevelopment between 1-5, Broadway, H and I Streets as transit focus mixed use area X X X X LUT 59 Encourage redevelopment of Mid-Broadway District as pedestrian oriented commercial corridor with housing opportunities and nei hborhood servin commercial X X X X LUT 60 Encourage existing land use pattern in Mid-Third Avenue District X X X X 'Established in UCSP Chp. X: Plan Implementation and Community Benefits Program Exhibit C c{"c ~c:) . tl -::l:J"!!i '~-:(; ~ll "lJ'k"l ;#l l3"\l~'~-~i :t;;,-~..;"i!, nll "1!G.1 ',~~ ~'!~ !r;lJ~,~, I!!, _ "~I_ ... ""'-01-' .-, ~1 ~/~r_;~~~! ~ j(-~':!; " , ~ ii" iF,'- .Jjj ~ "U1i! "' Ilj ,~, ".'.;,,,,, ., ,b t!tjg_;~a, fW~ U,~" U1J = '''.:;;:1 .r ~ i'jJ ^' /'../ uc-# 1m r=:J c::J .. Specific Plan Study Area -I Subdistrict Boundaries Subdistrict Name V - Village District UC " U..ban Core District I . ! e . o C . Corridors Di:Hricl Zoning Deferred - Nor. a Part Mobile Home Parks and Inl!er Parks GJl'G "D "[1'1"( iJ_l,~I., ('sAU'Ysml'tb "iftfNi!) 1ll'i'.....'.Jillt! UC-II ",,'" _ _ ~ ii;;;:;~! ;~n :, '_;:"';:::..:~:': ~ "T~~_ - ,) '!#\\~!!#l!itJg {qJ ~ ",..',~.,l~qi' fl. :-"""--";'-"~"'-~"-"'-'-'-""--""""''''''- """"~~\1!!I:" - --",_ """': ..... ~R\'!l~'!' :, ~ R-l and R-2 zoned areas ~:!M~~~S, - t'l '.. lain: ':-:: ~nr~p~~~~ ~:~~~~~ved =:-~~=:: ~::::~ ;~ '"-'__l",,-,\,-'W~j"""',+j_ W'-"'''_~ ....." \rl...(;u~~:t;! ~~ ~.a~Ii!H[A~lJ t1w;:V.!!~'"n~}TJ (iAi!;}~j;j I~U'~t!flQ:l'j, 'iW"~'lif1'f,hfJ!jb1!i1lal: i:l~Wi~liI Et'J~ Mll~~xutil ~"~'tiIMtl lUll Jlm~mJJ!iJ ~if.'liWl~llQji[~;~},W~_~~ I.. ;Ig f~.KN YUIDRO,S,.UNE) " 1.6 FltEEWAY 1.5 FREEWAY ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE TOWN CENTRE I REDEVELOPMENT PLAN THROUGH THE ADOPTION OF THE 2007 AMENDMENT TO THE REDEVELOPMENT PLAN WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted the original Town Centre I Redevelopment Plan ("Redevelopment Plan") on July 6, 1976, by Ordinance No. 1691 and has subsequently amended the Redevelopment Plan on five separate occasions, on July 17,1979, by Ordinance No. 1872, April 22, 1986, by Ordinance No. 2146, January 4,1994, by Ordinance No. 2585, November 8, 1994, by Ordinance No. 2609, and on June 23, 1998, by Ordinance No. 2735, incorporated herein by reference, and has designated the Redevelopment Plan as the official redevelopment plan for the Town Centre I Project; and WHEREAS, the City's Urban Core Specific Plan ("Specific Plan") will refine and implement a vision for downtown Chula Vista as expressed in the City's General Plan; and WHEREAS, pursuant to the California Redevelopment Law ("Law") (Health and Safety Code 33000, et seq.) Section 33331, a redevelopment plan must conform to the general plan; and WHEREAS, the Planning Commission of the City of Chula Vista ("Planning Commission") has reviewed the Specific Plan and has determined that it is consistent with the General Plan of the City of Chula Vista; and WHEREAS, the 2007 Amendment to the Redevelopment Plan ("2007 Amendment") will bring the land use provisions of the Redevelopment Plan for the Town Centre I Project Area ("Project Area") into conformance with the Specific Plan; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq.), and the local procedures adopted by the Agency pursuant thereto, the City has prepared and completed a proposed Environmental Impact Report for the Specific Plan; and WHEREAS, the Agency has previously certified an Environmental Impact Report prepared in connection with the Redevelopment Plan; and WHEREAS, pursuant to Section 33452 of the Law, public notice has been duly given, and'a full and fair public hearing has been held on the proposed 2007 Amendment. The City Council of the City of Chula Vista does ordain as follows: Section 1. The 2007 Amendment to the Town Centre I Redevelopment Plan, a copy of which is attached hereto as Attachment NO.1 and incorporated herein by this reference, is hereby adopted and approved. dX;j-i- Section 2. Based upon the evidence contained in the Report to the City Council for the 2007 Amendment to the Town Centre I Redevelopment Plan, incorporated herein by reference, the City Counci I does hereby fi nd, determi ne, and declare as follows: (a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes as set forth in the Law; and (b) The Redevelopment Plan would redevelop the Project Area in conformity with the Law and in the interests of the public peace, health, safety, and welfare; and (c) The Planning Commission and the City Council have determined that the 2007 Amendment is consistent with the City of Chula Vista's General Plan, including, but not limited to, the Housing Element of the General Plan and the Urban Core Specific Plan; and (d) The carrying out of the Redevelopment Plan would promote the public peace, health, safety, and welfare of the community and would effectuate the purposes and pol icy of the Law; and (e) The Agency has a feasible method for the relocation of families and persons displaced from the Project Area, to the extent that implementation of the Redevelopment Plan may result in the temporary or permanent displacement of any occupants of Project Area housing facilities; and m There are, or shall be provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the Project Area, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment; and (g) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Law. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Sections 33334.5, 33413, and 33413.5 of the Law; and (h) The elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. Section 3. Though the 2007 Amendment does not propose displacement of permanent housing facilities, the City Council is satisfied that permanent housing facilities would be available within three years from the time occupants of the Project Area are displaced and that, pending the development of the facilities, there will be adequate temporary housing facilities available to the displaced occupants at rents comparable to those in the City of Chula Vista at the time of their displacement. ~d -2- Section 4. A full and fair public hearing having been held on the 2007 Amendment, and the City Council having considered all evidence and testimony for and against the adoption of the 2007 Amendment and all written and oral objections thereto, and this City Council being fully advised in the premises, all written and oral objections to the 2007 Amendment to the extent not otherwise addressed in the Redevelopment Plan or not otherwise responded to are hereby overruled. Section 5. The City Clerk shall publish a copy of this Ordinance as required by Law. PASSED, APPROVED, AND ADOPTED this 26th day of April, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cheryl Cox Mayor (SEAL) ATTEST: City Clerk ~# -3- I, , City Clerk of the City of Chula Vista, do hereby certify that the foregoing Ordinance No. was duly and regularly passed and adopted by the City Council of the City of Chula Vista at a meeting thereof held on the day of ,2007, and that the foregoing is a full, true, and correct copy of said Ordinance, and has not been amended or repealed. City Clerk (SEAL) 4~ -4- CHUIAV,ISIA 1'\ ! . . ~...~:"....,:.~.:.r::';;;~,,;<:. .......~. ~~~~~..,.........,~-. .,~~ ~ r' ~_ .-' ~ . ". ~':!:i.~.,. w TOIN CENTRE REDEVElOPMENT cf9.j' 16B1E OE CONIsNIS Article Paqe INTRODUCTION 1 II GENERAL DEFINITIONS 2 III PROJECT AREA BOUNDARIES 4 IV PROPOSED REDEVELOPMENT ACTIONS (AGENCY) 7 V CONFORMITY WITH GENERAL PLAN/PRELIMINARY PLAN 11 VI PERMITTED USES AND CONTROLS 12 VII METHODS FOR FINANCING THE PROJECT 15 VIII ACTIONS BY THE CITY 17 IX ENFORCEMENT OF THE PLAN 18 X DURATION OF THE PLAN 18 XI AMENDMENT 19 XII NEIGHBORHOOD IMPACT ELEMENT 19 APPENDIX Exhibit A BOUNDARY MAP B PLAN DIAGPAM 4J~ ARTICLE I - INTRODUCTION Section 100 100.1 Section 110 Section 120 Format and Preparation The Redevelopment Plan for the Central Business District of the City of Chula Vista consists of Part I: Plan Text, and Part II: Appendices. The Redevelopment Plan has been prepared by the Redevelopment Agency of the City of Chula Vista, California, pursuant to the Community Redevelopment Law of the State of California; the Charter of the City of Chula Vista; the By-Laws of the Redevelopment Agency of the City of Chula Vista; and all applicable local ordinances and State statutes. Proiect Goal The goal of this redevelopment project is to revitalize the Town Centre area as the commercial-civic focus of the City. The obiectives of the Plan are: A. Eliminate blighting influences, including incompatible and noxious land uses, obsolete structures and inadequate parking facilities. B. Eliminate environmental deficiencies including, among others, small and irregular lot and block subdivisions, several poorly planned streets, and economic and social deficiencies. C. The strengthening of the mercantile posture of Town Centre and the improvement of retail trade therein. D. The renewal of Town Centre's physical plant and the improvement of its land use patterns and spatial relationships. E. The retention and expansion of viable land uses, commercial enterprises, and public facilities within the area. F. The attraction of capital and new business enterprises to the core area. G. The comprehensive beautification of the area, including its buildings, open space, streetscape, and street furniture. dcff ~ H. The encouragement of multi-family, middle-income residential units in and near the core area. I. The possible accommodation of future local and regional mass transit and related facilities; improvement of off-street parking areas and provision for a mini-transit intra-project system. J. The establishment of Town Centre as the South Bay's principal center for specialty goods and services. K. Tho ostablishmont of dosign standards to assure dosirablo sito dosign and en'/ironmental quality. bK The reorientation of the people of Chula Vista to their core area, and the resultant promotion of a sense of "towness" (towness is a unique feeling spawned by an emotional relationship between people and their city. This feeling is founded upon a sense of belonging. When the people feel that they belong to their city and that their city belongs to them, a state of towness exists). ARTICLE II - GENERAL DEFINITIONS Section 200 200.1 200.2 200.3 200.1 200.4 200.5 200.6 As used in this Plan, the following words shall mean: "Aqency" - The Redevelopment Agency of the City of Chula Vista, California "City" - The City of Chula Vista, California "City Council" - The City Council of the City of Chula Vista "Committoo" Chula Vista Town Contro Committee, mandatod by tho Rodovolopment Law to ad'/ice tho Agonoy prior to plan adoption and during tho implomontation ctago of the project "Planninq Commission" - The City of Chula Vista Planning Commission "Plan" - The Town Centre Redevelopment Project Plan "Proiect Area" - The redevelopment project was previously known as the 'Third Avenue Redevelopment Project." Whenever and whereyer this name appears, it shall mean the same as the "Chula 2:Jr 200.7 200.8 200.9 200.10 200.12 200.13 200.11 200.15 Vista Town Centre Redevelopment Project". The legal description of this area is contained in Section 300 of this document. "Redevelopment Law" - The Community Redevelopment Law of the State of California (California State Health and Safety Code, Section 33000 et. seq.) "Specific Plan" - A precise plan primarilv desianated to implement the Redevelopment Plan for the Town Centre area "State" - The State of California "Urban Core" - The heart of the City of Chula Vista. The urban core includes the Central Business District and the Civic Center, and lands immediately peripheral thereto. The Town Centre Project Area is part of this core "Zonina Plan" l\ cpecific pion under '""hieh building heightc, building bulk, nnd land uce me reguloted, nnd under whieh territorj is partitioned into regulatory dictrictc or zonee. Unlecs otherwice provided, the zoning plan shall mean the zoning maps and regulationc of the City of Chula Vista "Desian Review (Committee) Bomd" A Design Review Board concisting of highly qualified personc ''vith an interect in the fields of urban design and representativec from City ctaff is propoced to be created to advise the 3ssoeiated committees and Agency. The Board '.vill evaluate development proposalc ac they relate to the Decign Manual nnd the intent of this pion "Decian Mnnunl" The .A,geney's official ctJtement of design policy fDr the , and embodies developmental criteria and guidelines theref-ore. It is the's to'....mlcape plan, and addresses such matterc m; texture, spati31 rel3tionshipc, amenity, aecthetic qU3lity, Iondscaping, courtY3rdc, plozas, parking design, etc. "Procedures M3nuol" l\ procedurec manunl chall be est3blished for the use and guidance of the Cityl/\gency stoff, the Agency 3nd developers/participants for the purpose of ectablishing Gtnd maintaining development proposal schedules, procescing and rovio'N 4: j ARTICLE III - PROJECT AREA BOUNDARIES Section 300 300.1 Boundarv Description The boundaries of the Project Area are shown on the boundary map attached hereto as Exhibit A in the Appendix of this plan. A legal description of the boundaries of this project follows: All those portions of Quarter Sections 137 and 138 of Rancho de la Nacion according to Map thereof No. 505, filed in the office of the County Recorder County of San Diego, State of California on March 13, 1888, described as follows: Beginning at the intersection of the centerlines of "E" Street and Garrett Avenue per Record of Survey 1097 filed in the office of the County Recorder, San Diego County, State of California on April 6, 1944; thence northwesterly 49.91 feet :l:: to the intersection of the northerly right of way of said "E" Street and the westerly right of way of said Garrett Avenue, said intersection being the TRUE POINT OF BEGINNING; thence northeasterly along said northerly right of way of "E" Street, 1196.07 feet :l:: to a point on the extension of the easterly right of way of the alley between Church Avenue and Del Mar Avenue; thence southeasterly along said easterly right of way and its extension, 700.85 feet :l:: to a point on the northerly right of way of Davidson Street; thence southwesterly along said northerly right of way 10.00 feet; thence leaving said northerly right of way southeasterly along the line midway and between Church Avenue and Del Mar Avenue, 520.00 feet :l:: to the corner common to Lot 40 and Lot 41 of Map #1871 filed in the office of the County Recorder, San Diego County, State of California, on December 23, 1925; thence northeasterly along the northerly line of said Lot 41, 25.00 feet :l:: to the northeasterly corner of said Lot 41; thence southeasterly along easterly line of said Lot 41, 100.90 feet :l:: to a point on the northerly right of way of "F" Street; thence northeasterly along said northerly right of way 170.52 feet:l:: to a point on the easterly right of way of Del Mar Avenue; thence southeasterly along said easterly right of way 1400.84 feet :l:: to a point on the southerly right of way of "G" Street; thence southwesterly along said southerly right of way 335.00 feet :l:: to a point on the easterly right of way of Church Avenue; thence southeasterly along said easterly right of way, 761.15 feet :l:: to a point on the northerly right of way of Alvarado Street; thence southwesterly along said northerly right of way 315.00 feet :l:: to a point on the easterly right of way of Third Avenue; thence southeasterly along said easterly right of way, 4 c1J /t? 481.27 feet .:t to a point on the northerly right of way of "H" Street; thence northeasterly along said northerly right of way 200.00 feet; thence leaving said northerly right of way southeasterly, parallel to and 240 feet easterly of the centerline of Third Avenue 370.00 feet .:t to a point on the northerly boundary of Map No. 2277, filed in the office of the County Recorder, San Diego County, State of California, on September 15, 1942; thence southwesterly along said northerly boundary 82.76 feet.:t to the northeasterly corner of Lot 2 of said Map No. 2277; thence southeasterly along the easterly line of said Lot 2, 160.79 feet .:t to a point on the southerly right of way of Shasta Street; thence southwesterly along said southerly right of way 4.16 feet .:t to the northeasterly corner of Lot 91 of said Map No. 2277; thence leaving said southerly right of way and southeasterly along the easterly line of said Lot 91, 105.00 feet .:t to a point on the northerly line of Lot 88 of said Map No. 2277; thence northeasterly along said northerly line 7.00 feet .:t to the northeast corner of said Lot 88; thence southeasterly along easterly line of said Lot 88, 159.74 feet.:t radially to a point on the 200 foot radius curve concave southwesterly, said curve being also the southerly right of way of Whitney Street; thence southeasterly along the arc of said curve a distance of 17.73 feet .:t to the northeast corner of Lot 98 of said Map No. 2277;- thence leaving said curve radially inward and along the easterly line of said Lot 98, 122.84 feet .:t to the northerly most corner of the Park in said Map No. 2277; thence southeasterly along the northeasterly line of said Park 68.19 feet .:t to the southerly most corner of Lot 101 of said Map No. 2277, said corner being a common corner with the said Park; thence southeasterly along the easterly line of said Park, 68.05 feet .:t to a point on the southerly boundary of said Map No. 2277; thence southwesterly along said southerly boundary 10.00 feet; thence southeasterly, parallel to and 165 feet easterly of the centerline of Third Avenue 291.03 feet .:t to a point on the northerly right of way of "I" Street; thence southwesterly along said northerly right of way, 595.00 feet; thence northwesterly leaving said northerly right of way, parallel to and 430 feet westerly of the centerline of Third Avenue, 290.00 feet; thence southwesterly 260 feet .:t to the southeast corner of Lot 19, Map No. 1799 filed in the office of the County Recorder, San Diego County, State of California on July 10, 1924, said southeast corner being a common corner with the right of way of Garrett Avenue; thence northwesterly along westerly right of way of said Garrett Avenue 301.02 feet .:t to a point on the southerly right of way of Mankato Street, said point being also the northeast corner of Lot 24 of said Map No. 1799; thence southwesterly along said southerly right of way, 5 c{J / / 230.38 feet 2: to a point on the northerly line of Lot 13, of said Map No. 1799, said point being the intersection of said southerly right of way with the extension of the westerly right of way of Glover Avenue; thence northwesterly along said westerly right of way 732.24 feet 2: to a point on the northerly right of way of "H" Street; thence northeasterly along said northerly right of way 355.92 feet 2: to the southeast corner of Lot 11, Map No. 1718 filed in the office of the County Recorder, County of San Diego, State of California on April 22, 1921; thence northwesterly leaving said northerly right of way along the easterly line of said Lot 11, 200.00 feet; thence northeasterly parallel to and 240 feet northerly of the centerline of "H" Street 94.00 feet; thence northwesterly parallel to and 472 feet westerly of the centerline of Third Avenue, 87.40 feet 2: to a point on the northerly boundary of said Map No. 1718; thence northeasterly along said boundary 122.00 feet 2: to the southwest corner of the East Half of Lot 10 per Record of Survey 3269 filed in the office of the County Recorder, County of San Diego, State of California on December 30, 1953; thence northwesterly along the westerly line of said East Half of Lot 10, 165.40 feet 2: to the center of said Lot 10; thence northeasterly along the northerly line of the South Half of Lot 10, 170.00 feet; thence northwesterly parallel to and 180.54 feet westerly of the centerline of Third Avenue, 135.54 feet.:!:. to the southerly right of way of Roosevelt Street; thence southwesterly along said southerly right of way 9.46 feet; thence northwesterly leaving said southerly right of way parallel to and 190 feet westerly of the centerline of Third Avenue 210.00 feet~ thence southwesterly parallel to and 180 feet northerly of the centerline of said Roosevelt Street; 140.00 feet; thence northwesterly parallel to and 330 feet westerly of said centerline of Third Avenue 150.00 feet; thence northeasterly parallel to and 330 feet northerly of the centerline of said Roosevelt Street, 191.00 feet; thence northwesterly parallel to and 139 feet westerly of the centerline of said Third Avenue 290.00 feet 2: to a point on the southerly right of way of "G" Street; thence southwesterly along said southerly right of way 34.31 feet 2: to a point on the extension of the centerline of the alley between Garrett Avenue and Third Avenue; thence northwesterly along said centerline and its extension, 210.00 feet; thence southwesterly leaving said centerline parallel to and 120.43 feet southerly of the southerly right of way of Park Way 107.50 feet; thence northwesterly parallel to and 107.50 feet westerly of the centerline of said alley, 120.43 feet 2: to a point on the southerly right of way of said Park Way; thence southwesterly along said southerly right of way 1080.00 feet 2: to a point on the westerly right of way of Fourth Avenue; thence 6 15 J~ northwesterly along said westerly right of way 1069.00 feet ~ to a point on the northerly right of way of "F" Street; thence northeasterly along said northerly right of way 670.00 feet ~ to a point on the westerly right of way of Garrett Avenue; thence northwesterly along said westerly right of way, 1320.00 feet ~ to the TRUE POINT OF BEGINNING. ARTICLE IV - PROPOSED REDEVELOPMENT ACTIONS (AGENCY) Section 400 400.1 Section 410 410.1 410.2 General Summarv In order to achieve the objectives of the Redevelopment Plan, the Agency proposes to undertake and implement the following actions: A. Owner and Tenant Participation (Section 410) B. Cooperation with Public Entities (Section 420) C. Property Management (Section 430) D. Relocation of Residents and Businesses (Section 440) E. Demolition, Clearance, Public Improvements and Site Preparation (Section 450) F. Acquisition of Property (Section 460) G. Property Disposition (Section 470) Owner and Tenant Participation Whenever possible, persons who are owners of real property in the Project Area shall be given the opportunity, pursuant to the rules promulgated by the Agency, to participate in redevelopment by the retention of all or a portion of their property, or by the acquisition of adjacent or other property from the Agency by purchase or exchange. Such participation in each case is contingent upon the execution by the owner of a binding agreement by which the property retained or acquired will be developed in conformity with the Plan and subject to the provisions thereof. Owner participation will be subject to such factors as, but not limited to, the condition of the improvements, the reduction in the total number of parking spaces within the Project Area, the elimination of certain land uses, the vacation of streets, the 7 c{j/3 410.3 Section 420 420.1 420.2 Section 430 430.1 Section 440 440.1 440.2 construction of new public improvements, and the ability of owners to finance acquisition and development in accordance with the plan. The Agency shall also extend reasonable preference to persons who are engaged in business in the Project Area to re-enter into business within the Project Area if they otherwise meet the requirements prescribed by the Plan. Cooperation with Public Entities Certain public entities are authorized by State law to cooperate with or without consideration in the planning and undertaking of the construction or operation of this project. The Agency shall seek the aid and cooperation of public bodies such as the Downtown Parking District and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment in the highest public good. The Agency is authorized but not required to make payments in lieu of property taxes to one or more taxing agencies. The Agency recognizes that the power contained in Section 33670 of the Redevelopment Law can affect the capacity of taxing agencies to provide public services. Accordingly, the Agency will conduct studies to determine possible means to minimize such impact upon taxing agencies. Property Manaqement During such time as property in the Project Area is owned by the Agency, said property shall be under the management and control of the Agency. Subject property may be rented or leased by the Agency pending its disposition for redevelopment. Relocation of Residents and Businesses Displaced residents shall be relocated by the Agency pursuant to the relocation plan approved by the Agency. The relocation plan may be amended by the Agency as necessary to accomplish the purposes set forth in this Plan. The Agency or its designated agent shall assist all who may be displaced by project activities in finding other dwellings or business locations. In order to carry out the project with a minimum of hardship to persons displaced from their homes, individuals and families shall be assisted in finding housing that is decent, safe, 8 c{j /1 440.3 Section 450 450.1 450.2 450.3 450.4 450.5 450.6 Section 460 460.1 and sanitary, within their financial means, reasonably convenient in location and otherwise suitable to their needs. The Agency shall make relocation payments to displaced persons including families, business concerns and others for moving expenses and other direct losses of personal property or any other benefits as required by the California Uniform Relocation Law. Demolition. Clearance. Public Improvements and Site Preparation The Agency is authorized to clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of the Plan. The Agency is authorized to cause, provide, undertake or to make provisions with any person or public entity for the installation or construction of such public improvements or public utilities, either within or outside of the Project Area as are necessary to carry out the Plan. Such public improvements include, but are not limited to, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, street trees, electrical distribution systems, natural gas distribution systems, water distribution systems, fire hydrants, parks, plazas, motor vehicle parking facilities, landscaping and pedestrian malls. The Agency is authorized to prepare or cause to be prepared as a building site any real property owned by the Agency within the limits of applicable law. The Agency is authorized to rehabilitate any building or structure owned by the Agency within the limits of applicable law. The Agency is authorized to assist, through advice and encouragement, the owners of real property within the Project Area to conserve or rehabilitate their premises. In accordance with City regulations, and as necessary in carrying out the Plan, the Agency is authorized to move or cause to be moved any structure or building to a location within or outside of the Project Area. Acquisition of Property The Agency may acquire, but is not compelled to acquire, all real property located within the Project Area. The Agency may acquire 9 4J'/S- 460.2 460.3 460.4 460.5 460.6 460.7 Section 470 470.1 real property by gift, device, exchange, purchase, eminent domain, or any other lawful means. In order to eliminate the conditions within the Project Area which make redevelopment necessary, and in order to implement the Redevelopment Plan, it is necessary, and in the public interest, for the Agency to use its power of eminent domain to acquire real property in the Project Area. The Agency shall not acquire interest in oil, gas, or other mineral substances within the Project Area except where necessary to preclude drilling or excavation within the Project Area. The Agency is not authorized to acquire publicly owned land in the Project Area in the absence of the involved public agency's consent. However, the Agency is authorized to acquire public property if it becomes private property by deed, lease, or otherwise, before the Agency completes land acquisition within the entire Project Area. The Agency is authorized to acquire any or all interests in real property or structures, including but not limited to, fee titles, deeds and easements. The Agency may not acquire real property upon which an existing building is located unless the Agency proposes to rehabilitate, redevelop, or reorganize the real property in question, and the property owner has not agreed to the execution of an official owner participation agreement. The Agency shall generally not acquire personal property. However, where necessary in the implementation of the Plan, the Agency is authorized to acquire personal property in the project by any lawful means except eminent domain. Property Disposition In order to provide adequate safeguards that the process of redevelopment will be carried out pursuant to the Plan, agreements for the disposition of land by the Agency, including owner participation agreements, shall include provisions recognizing and requiring that: A. The purchase of leasing of land is for redevelopment and not for speculation and reserving to the Agency such powers 10 1f/~ and controls as may be necessary to prevent transfer, retention or use of the property for speculation purposes. B. The land shall be built upon and/or improved in conformity with development standards of the Plan and any' declaration of restrictions. C. In order to insure that development and construction will be carried out in a manner which will effectuate the purposes of the Plan, all developers and owner participants shall submit preliminary architectural plans, site and landscape plans, and final plans including landscaping and sign plans and specifications of the improvements proposed to be constructed on the land for architectural approval by the Agency. As a part of such plans and specifications, developers, and if required by the Agency, owner participants, shall submit time schedules for the commencement and completion of such improvements. All such plans and schedules shall be submitted within the time specified in the respective agreements with such developers and owner participants. D. By and for the contracting parties, their heirs, executors, administrators and assigns, there shall be no discrimination against, or segregation of, any person or group of persons on account of race, creed, color, national origin, or ancestry, in the sale, lease, sub-lease, transfer, use, occupancy, or enjoyment of the premises therein described, nor shall the contracting parties. or any persons claiming under or through them establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sub- lessees, or vendees, on the premises described. ARTICLE V - CONFORMITY WITH GENERAL PLAN/PRELIMINARY PLAN Section 500 General Statement of Conformitv 500.1 This Plan shall conform to, and is a more detailed refinement of, a portion of the General Plan of the City of Chula Vista, adopted by the City Council on December 15, 1970, and comprehensively updated on December 13, 2005, and any amendments or revisions thereto. 500.2 This Plan is based upon, and carries out the Preliminary Plan, heretofore adopted by the Planning Commission. 11-1.;/;/ ARTICLE VI - PERMITTED USES AND CONTROLS Seotion 600 600.1 600.2 600.3 600.1 600.5 600.6 600.7 Plannina and Land Use Considerations The Plan Diagram, Exhibit "8", graphioally depiots the projeoted patterns of land uso and ciroulation within the. /\11 of the are:::ts dosignated "oentr:::tI oommercial" on the pian Rlay be used as a mixture of commeroial uses, including but not limited to retail, office, hotel, service, entertainment, eduoational, and awdliary uses. The Agency, upon special request, m:::ty allow residential development in the "centr:::tl oommercial" area, provided that the proposed residentiGl development is compatible with surrounding aro:::ts, and m:::tnifosts adequate intern:::tl residenti:::tl order :::tnd amenity. /\11 of the :::trem: design:::tted "residential" on Exhibit "8" may include residential I:::tnd uses and prof-ossional and administr:::ttive offioes. The .^.gency shall encourage the development of a wide range of housing types in the residential areas of the, :::tnd shall endeavor to :::tohieve :::t mixturo of housing for all eoonomic segments of the City of Chub Vista thorein. The shall be regarded as the princip:::tl specific plan of the and shall t:::tke precedenoe where it is in oonflict with other specifio pl:::tns, regulationc and standards. Streets, alleys, and other public rights of w:::ty m3Y be altered, "3oated, narrowed, decked over, extended, or closed where such aotion is essential to the orderly implementation and oxecution of the plan. If the implementation of the plan requires 3ddition31 stroets, casements, er other rights of way, thoy may be acquired by the /\gency or the City. The /\gency may authorize the private use of air rights over public rights of way. This uce may take the f-orm of buildings, platforms, decks, or other struotures. Such air rights may also be used for vehicular and/or pedestrian oiroulation, tr3nsit, public and priv3te utilities, or other public improvementc. The Agency ie authorized to permit the oetabliehment 3nd expaneion of public or E1uasi publio uses and faoilities, suoh as but not limited to parke, recreational facilities, libraries, sohools, and oharitable institutions, within the. 12 {j /6" Section e.w 600 General Controls and Limitations 600.1 This Plan shall conform to all other zonina and land use reaulations as adopted bv the City Council. 600.2 All real property within the Proiect Area is subiect to the provisions. controls. and reauirements of the Plan. No real propertY shall be developed. redeveloped. rehabilitated. or otherwise chanaed after the date of adoption of the Plan except where such development. redevelopment. rehabilitation. or other substantial chanae conforms with the provisions of the Plan., ::md the guidelinoE: embodied in tho Dosign M:mual. 600.3 All new construction shall complv with all applicable State statutes and locallv adopted Buildina. Electrical. Heatina and Ventilation. Housina and Public Codes. 600.4 The Aaencv shall endeavor to substantiallv increase the area of public and private open space within the Proiect Area. Open space may take the form of parks. vest-pocket parks. plav areas. plazas. fountains. enclosures. patios. and similar landscaped enclaves. 600:5 In areas where aporopriate. sufficient open soace between buildinas and clusters of buildinas shall be maintained to provide adeauate sunliaht. ventilation. privacy. fire safety. and aeneral livabilitv. 600.6 600.7 600.8 600.9 600.10 All sians shall conform to the standards of the City's sian ordinance., and tho guidolinoE: of tho DOE:ign Manual. The Aaencv shall assure adeauate off-street parkina. The Aaencv shall reauire all utilitv lines and structures to be placed underaround. unless it determines that underaroundina with respect to certain lines would not be economicallv or phvsicallv feasible. No land use or structure which. bv reason of appearance. traffic. smoke alare. noise. odor. or similar factors. would be incompatible with the surroundina areas shall be permitted within the Proiect Area. Subseauent to redevelopment. rehabilitation. or development pursuant to the Plan. no parcel in the Proiect Area includina any parcel retained bv a conformina owner or participant. shall be resubdivided without the prior approval of the Aaencv. 13 d)/J 610.10 The f,genoy is authorized to grant a variation from the limits, restriotions, and oontrols ostabliElhed by the Plan. The f.gonoy must make the f.ollowing findings in each and every case, as a prerequisite to its granting of a permit for a variation. ,^.. The applioation of certain provisions of the plan would result in practical difficulties or unnecessary hardshil3s which would make development inconsistent with the general purpose and intent of the plan; or, B. There 3re exceptional oircumstances or conditions applicable to the property or the proposed development which do not apply generally to other properties or developments which have the same standards, restrictions and controls; 3nd, C. The permitting of 3 v3ri3tion '.viII not be materially detrimental to the public 'Nelbre or injurious to property or improvements in the; and, D. The permitting ef a variation will not contravene the oriterb established in the Design Manu3!. In permitting 3 v3ri3tion, the ,A,genc.,. Elhall impose such conditions aEl are neceElsary. Section e++ 610 Environmental Review 610.1 Prior to the Agency's official consideration of a development proposal, the application and all accompanying documents shall be submitted for the applicable review in accordance with the California Environmental Quality Act of 1970, as amended. Section 620 Desiqn M3nu31 620.1 The Agency, in cooperation with the Planning Commission, sh311 formulate, adopt, and m3ke generally available a Design Manual f-or the Town Centre Redevelopment Project. The Design Manu31 shall be the ,^.gency's offioial statement of its design guidelines for the redevelopment, rehabilitation, conservation, and general development of the Project f.rea. 620.2 The Design M3nual shall include developmental objectives and design criteria, and shall address the following: 14 {jc:<O 620.3 Section 620 620.1 Section 610 610.1 .^.. Throe dimensional spatial relationships, and the orderly arrangement of space Clnd land use in tho. B. BloJilding GO'lerages; building setbacks, building bulk and height; building intensity; and the siting of structures and open space. C. The preservation and promotion of the environment:J1 quality of the and the urban Gore. D. The development of Cl circulation system which promotes effective oommunication and transportation throughout tho :md tho urban core, and ostablishes :md maintains offectivo linkagos betweon the and othor parts of tho Chula Vista Planning Aroa, and othor urban conters of the South Bay. E. Civic and environmontal design roquiromonts and featuros which ostablish the character of the. F. Landscapo criteria; fino arts critoria; streot, pl:3za onclosuro and mall furnituro critoria. Tho Design Manual m:3Y be Clmondod by tho .^.gency in order to refine, update, or improvo tho Manu:3I's guidelines. Proposed :3mendmonts to the Design M:3nual shall be roferred to tho PIClnning Commission f-or its review. roport and recommendation. Historical Preservation Chula Vista's first City Hall is located at 294-296 Third Avenue and should be considered for preservation. Proceduros Manual The ".gency, in cooperation with the City, shall formulate, adopt and m:3ke available :3 Procedures Manual for the Chula Vista Town Contre Redevolopment Project. The Manual shall set f-orth the proceduros necossary f-or processing development proposals and shall promulgate oxpedient review periods required f-or obtaining approvals for the project dovelopment and/or major rohabilitation. ARTICLE VII - METHODS FOR FINANCING THE PROJECT Section 700 General Description of the Proposed Financino Methods 15 c{ J rd/ 700.1 700.2 700.3 700.4 700.5 Section 710 710.1 The Agency is authorized to finance this project with financial assistance from the City of Chula Vista, the State of California, the Federal Government, property tax increments, interest income, Agency funds, or any other available source. Loans for survey and planning and for the operating capital for nominal administration of this project are to be made by the City until adequate tax increments or other funds are available, or sufficiently assured, to repay the loans and to permit borrowing adequate working capital from sources other than the City. The City, as it is able, will also supply additional assistance through loans and grants for various public facilities. As approved by the City Council, gas tax funds from the State of California and the County of San Diego will be used for the street system. As available, Federal loans and grants will be used to finance portions of project costs. The Agency is authorized to issue bonds in amounts sufficient to finance all or part of the project. The Agency is authorized to obtain advances, borrow funds, and create indebtedness in carrying out the Plan. The principal and interest on such advances, funds, and indebtedness may be paid from tax increments or any other funds available to the Agency. Tax Increments All taxes levied upon taxable property within the Town Centre Redevelopment Project Area each year by and for the benefit of the State of California, the County of San Diego, the City of Chula Vista, or any district or other public corporation hereinafter sometimes referred to as taxing agencies, after the effective date of the ordinance approving this Redevelopment Plan, shall be divided as follows: A. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid (for the 16 oty;1~ 710.2 purposes of allocating taxes levied by or for any taxing agency or agencies which did not include the territory of the project on the effective date of such ordinance but to which such territory is annexed or otherwise included after such effective date of such ordinance but to which such territory is annexed or otherwise included after such effective date, the assessment roll last equalized on the effective date of said ordinance shall be used in determining the assessed value of the taxable property in the project on said effective date); and, B. That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the Agency to pay advancements to, or indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Agency to finance or refinance in whole or in part this redevelopment project. Unless or until the total assessed value of the taxable property in the project exceeds the total assessed value of the taxable property in the property as shown on the last equalized assessment roll referred to in paragraph "A" hereof, all of the taxes levied and collected upon the taxable property in the project shall be paid into the funds of the respective taxing agencies. When said bonds, loans, advances, and indebtedness, if any, and interest thereon, has been paid, all monies thereafter received from taxes upon the taxable property in the project shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. The portion of taxes mentioned in paragraph "B" above are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness (whether funded, refunded, assumed, or otherwise) by the Agency to finance or refinance the project in whole or in part. The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying but the project. ARTICLE VIII - ACTIONS BY THE CITY Section 800 Aid and Cooperation 17 c{J c23 800.1 The City shall aid and cooperate with the Agency in carrying out this Plan and shall take any further action necessary to insure continued fulfillment of the purposes of this Plan and to prevent the reoccurrence or spread in the area of conditions causing blight. Actions by the City may include but not be limited to the following: A. Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys and other public rights-of-way and for other necessary modifications of the streets, the street layout and other public rights-of-way in the Project Area. Such action in the City may include the requirement of abandonment and relocation by the public utility companies of their operations in public rights-of-way as appropriate to carry out this Plan. B. Institution and completion of proceedings necessary for changes and improvements in publicly owned public utilities within or affecting the Project Area. C. The undertaking and completing of any other proceedings necessary to carry out the project. ARTICLE IX - ENFORCEMENT OF THE PLAN Section 900 Responsibility 900.1 The administrative enforcement of the Plan or other documents formulated pursuant to this Plan shall be performed by the City and the Agency. 900.2 The provisions of this Plan or other documents formulated pursuant to this Plan may also be enforced by court litigation instituted by either the Agency or the City. Further, any documents recorded expressly for the benefit of owners of property within the Project Area may be enforced by such property owners in addition to the City or the Agency. ARTICLE X - DURATION OF THE PLAN Section 1000 Effective Period 18 ~J c2f 1000.1 Except for the non-discrimination and non-seareaation ProvIsions which shall run in oeroetuitv. the provisions of this Plan shall be effective and the provisions of. other documents formulated pursuant to this Plan mav be made effective for 25 vears from the date of adoption of this Plan. as amended from time to time. bv the Citv Council. ARTICLE XI - AMENDMENT Section 1100 11 00.1 Procedure This Plan may be amended by the procedures established in the California Community Redevelopment Law or any other procedure hereinafter established by Law. ARTICLE XII - NEIGHBORHOOD IMPACT ELEMENT Section 1200 1200.1 Section 1210 1210.1 Investigation of the proposed Project Area boundaries for the Town Centre Redevelopment Project reveals that the area contains sectors which are considered to fall within the category of low and moderate income housing. The impact of the proposed project upon the residents of the Project Area as well as the surrounding neighborhood is noted below, as required by Section 33333.5 of the Health and Safety Code of the State of California. Residential Analvsis Of the total acreage of 138.54 acres, 17.10 percent, or 23.69 acres are in residential use. The 23.69 .acres accommodate a total of 602 dwelling units and 189 structures. Additionally, the area contains one boarding house and one residential hotel. Of the total of 602 residential units located within the Project Area, 469. or approximately 77%, are located in Subarea One, which contains the historic Chula Vista townsite. Data contained in the 1975 Mid- Decade Census for tracts 22/3; 23/1; 23/2; 25/1; and 26/3, indicates that the area contains a proportionately higher incidence of elderly households and households earning less than the median income for the City in general. The age group 55+ makes up 16.7% of the total City population, while the same age group accounts for 35.41 % of individuals residing in the above cited tracts. As a corollary to this data, it appears that the income level of the Project Area is somewhat lower than that of the City at large. It should be noted that, while 41 % of the City-wide population has incomes in 19 o?J d..:j- 1210. Section 1211 1211.1 Section 1220 1220.1 1220.2 Section 1230 excess of $10,000, only 19% of the study area population has income in the same range. Therefore, it is assumed that the Project Area contains residential development currently serving the low and moderate income market. Although the exact incidence of deteriorated and dilapidated structures is not known, it is anticipated that some demolition in the form of spot clearance will be necessary to implement the Plan. Relocation Implementation of the proposed project will require displacement of some businesses, individuals and/or families. Such displacement will be mitigated by the provisions for owner participation contained in the Community Redevelopment Law. In those cases in which owner participation agreements cannot be negotiated, displacement and relocation will be handled in accordance with the provisions of the California State Relocation Assistance Law and other applicable statutes and guidelines. A detailed relocation provision is contained in the Report to the City Council on the Redevelopment Plan. Traffic Circulation The Redevelopment Plan provides for the ultimate implementation of a circulation system which would improve the pedestrian/vehicle movement and tend to reduce vehicle miles traveled (VMT) within the central business district. The incorporation of a mini-transit system (i.e. mini-bus, shuttle vehicles) to effectuate smooth intra- project movement and methods for establishing smooth linkages between the project facilities and local and regional facilities will be addressed for possible utilization to accommodate project movement and vehicular circulation. Traffic volume within the project and associated areas is expected to increase significantly as the project nears completion. However, the total volume cannot be estimated until specific redevelopment proposals become available. Additionally, increased traffic in the central business district would further restrict pedestrian-vehicle movement and create congestion at intersections. However, the implementation of an effective circulation system and mini-transit vehicles should relieve congestion and facilitate the flow of traffic in the area. Environmental Qualitv 20 0 d(/p 1230.1 The direct long and short-term impacts which may result from the implementation of the Plan are: A. No creation of any significant geologic related adverse impacts; B. Drainage impact is anticipated to be insignificant; C. No adverse impact on ground water or water quality would occur if the Plan were implemented at this time; D. No adverse effect on mineral resources would result from the Plan; E. Due to the developed nature of the area, there are anticipated to be no significant impacts on land form; F. An increase in traffic on streets in and adjacent to the project will occur if the project is implemented; G. An increase in emissions produced by mobile sources will result in the San Diego Air Basin and local areas due to increased traffic generated as the project is implemented; H. Noise generated by motor vehicles will increase in and adjacent to the Project Area; I. There will be an insignificant impact on biological resources; J. There are likely to be no adverse impacts on paleontology! archeology or historical resources; K. The proposed i:lnd use policy '.viII result in no undesirable impact; K. There is no anticipated adverse impact on the aesthetic quality of the area; L. The area's social well being will be impacted insignificantly; M. It is anticipated that there will be no adverse impact on the community tax structure; N. It is not anticipated that the Plan will create any further I impact on the cultural factors in the area; 21 c:ly ~ 1 1230.2 Section 1240 1240.1 O. As a result of increased population density if the Plan is implemented, in all probability there will be an increased demand for police and fire protection as well as other community services; P. There will be an increase in the use of non-renewable energy producing resources due to increased density in the project. In summary, the short-term effects of the proposed Plan, if implemented, would include increased traffic and noise associated with construction operations. The long term cumulative adverse effects of the proposed action would include increased population density, increased traffic and noise generated by the commercial and residential development, commitment of existing vacant lands to development and the use of non-renewable resources. Delaying the proposed project would result in the further decline of Chula Vista's Centre City. the implementation of the Plan would provide the overall enhancement of the Project Area and the renewed productivity of the Chula Vista business district while encouraging the revitalization of the urban core and discouraging encroachment into currently undeveloped areas. Availabilitv of Communitv Facilities and Services The impact of the project upon the residents of the area and surrounding neighborhoods as it relates to the availability of community facilities and services is addressed below in accordance with the Community Redevelopment Law. A. The Plan, if implemented, will in all probability result in an increase in the mean income in the study area as a result of the rehabilitation and revitalization of the residential fabric. The project would provide temporary employment opportunities during new construction and long term employment opportunities could result from upgrading and expanding commercial activities in the area. The implementation of the Plan could cause the displacement of persons or establishments occupying blighted and/or incompatible buildings. If this is the case, relocation assistance will be provided by the Redevelopment Agency of the City of Chula Vista. Additionally, owner participation agreements will be utilized where feasible to encourage participation by property owners while lessening the need for acquisition and relocation. Further, preference 22 o?J~f' for re-entry will be extended to all displaces as a result of any redevelopment activity undertaken in the Project Area. B. The Project Area currently encompasses three elementary school attendance boundaries: Vista Sql,Jare, Rosebank, and Hilltop Elementary Schools. The site is also within the boundaries of the Chula Vista Junior and Senior High Schools. According to the Chula Vista Elementary and Sweetwater High School Districts, all three elementary schools, plus the junior high school have exceeded capacity. Chula Vista High School has an excess of 291 available spaces. A breakdown of capacities and enrollments by school follows: 1. Hilltop Elementary School has a capacity of 472 students and a current enrollment of 473, indicating a deficit of one space. 2. Rosebank Elementary School has a capacity of 488 students and a current enrollment of 490, yielding a two-space deficit. 3. Vista Square Elementary School has a capacity of 432 students and a current enrollment of 501, indicating a deficit of 69 spaces. The elementary schools currently have a capacity of 1,392 students, and as of December 1975, 1,464 enrollment, yielding a deficit of 72 spaces. The junior high school; i.e. Chula Vista Junior High School, has a capacity of 1,200 students and a current enrollment of 1,297, indicating a deficit of 97 students. The senior high school, Chula Vista High School, has a capacity of 1,624 students, with a current enrollment of 1,333, indicating an excess capacity of 291 spaces. Due to the fact that plans are currently not detailed enough to project changes in attendance as a result of the Plan, it can only be anticipated that increases in density may result in increased school enrollment. The Agency will cooperate with the affected school district in an effort to mitigate the impact of such increased enrollment. 23 cfJ 0(/ The project is located within the City Park Service District NO.3 and contains 8.6 acres of park land. This acreage is below the 22.4 acres required to meet City standards. The following chart illustrates the acreages, location, and facilities available at the two existing parks in the study area: Name Acreaqe Improvements Memorial Park 7.1 Third Avenue & Park Way Gymnasium, Swimming Pool, Recreation Hall, Memorial Bowl, Tot Lot, Picnic Facilities, Shuffleboard Courts Norman Park 1.5 Center, Del Mar & "F" Street Senior Citizen Center, Picnic Facilities, Shuffleboard Courts, Horseshoe Pits The residential portion of the Plan will, in all probability, result in a greater need for additional park lands in the area due to increased densities. As a part of the overall Plan and the implementation of the redevelopment process, new park lands, open spaces, and recreational opportunities will be required of developers and/or constructed by the Agency to ensure adequate facilities for the enjoyment of the residents of the Project Area and the City in general. C. Due to the age and deterioration of the older section of the commercial district on Third Avenue, a safety hazard exists. Several structures in the Project Area have been declared unsafe and condemned by the City's Building and Housing Department. Fire and Police protection are provided by the City of Chula Vista. The nearest stations are located at the Civic Center on Fourth Avenue, one block west of the project site. Solid waste disposal service for the Project Area is provided by the Chula Vista Sanitary Service, via an agreement with the City of Chula Vista. It is anticipated that there will be no significant impacts as a result of the implementation of the Town Centre Redevelopment Project Plan. In fact, the removal and restoration of deteriorated structures will provide a safe 24 dy3) Section 1250 1250.1 environment within and surrounding the buildings. Fire and. Police protection and the solid waste disposal services should have the capacity to service the study area following implementation of the Plan. Finally, it is anticipated that there will be no significant adverse impacts concerning health and safety within the Project Area upon the completion of the project. D. Gas, electricity, water and sewer service are currently provided within the Project Area. Current analysis indicates that the project will not place an undue burden upon the suppliers of these services to meet demands upon completion of the project. However, an evaluation of additional service required for new development will be provided in specific E.I.R.'s developed as the project is implemented. Property Assessments and Taxes All property within the Project Area will continue to be assessed at the current State-mandated level. The redevelopment of the Project Area should cause the assessed value of properties within the Project Area to increase. This increase would result in the availability of increased tax revenues for the provision of community services. The increased availability of revenue could, in turn, make possible a lowering of tax rates. 25 JJ 3/ . .. CORPORATION CHULi\ VIST/\ CVRC Board Staff Report - Page 1 Item No. 0- DATE: April 26, 2007 TO: CVRC Board Directors VIA: ~ Jim Thomson, Interim City Manager 1/ /', Ann Hix, Acting Director of Community Development (l!){:,/ A.tR FROM: Eric Crockett, Redevelopment Manager (J) ~ SUBJECT: Consideration of Amendments to Exclusive Negotiating Agreements for Four Sites within the Town Centre I Redevelopment Project Area Project Area: Town Centre I Agreement: Exclusive Negotiating Agreements Developers: Public, Douglas Wilson Companies, Avion Development & Intergulf-Mar Group Project Sites: Multiple Project Types: Mixed-use Project Descriptions: To Be Determined BACKGROUND: On July 26, 2005, the Agency adopted five Exclusive Negotiating Agreements ("ENAs"), focusing on key catalyst projects along the Third Avenue corridor within the Town Centre I redevelopment project area. On May 11, 2006, the CVRC amended two of the original ENAs, extending the duration of those agreements, in accordance with the revised schedule for adopting the UCSP. Additionally, on May 11, three new ENAs were adopted (one of which replaced the orginal ENA with Douglas Wilson due to a change in development sites). On August 10, 2006, the CVRC amended the remaining two original ENAs, extending the duration of those agreements, as well. On March 5, 2007, with the UCSP scheduled for hearing but not yet adopted, gO-day written, administrative extensions ("Extended Negotiation Periods") were proposed and approved, in accordance with Section 2B, for six of the seven ENAs. (The seventh ENA, with Intergulf/Lennar, is not due to expire until November 2007.) The gO-day extensions activated the Extended Negotiation Period for the six ENAs. 3-/ Staff Report - Item No--3 Page 2 Currently, four of the seven agreements are due to expire on June 5, 2007. Provided the UCSP is adopted on April 26, 2007, redevelopment staff wishes to pursue amendments to these four ENAs, extending their duration once again. The ENAs proposed for amendment are as follows: Developer Site Action Avion Third Avenue and E Street Southeast Second Amendment Intergulf/Mar Group Third Avenue and G Street Northwest Second Amendment Douglas Wilson Davidson and Church Avenue West First Amendment Public Madrona and Church Avenue Northwest First Amendment The following staff report provides information about the proposed amendments to the Exclusive Negotiating Agreements. RECOMMEN DA liON: Staff recommends that the Chula Vista Redevelopment Corporation adopt resolutions approving and authorizing the Chair .to: a) Execute Amendments to the Exclusive Negotiating Agreements with four developers for properties located within the Town Centre I redevelopment project area. DISCUSSION: Amendments to Exclusive Negotiating Agreements It is the strategic objective of the Redevelopment Agency, per the five-year implementation plan, that all new development within the City's redevelopment project areas be guided by adopted City policy documents. Policy documents, like the Urban Core Specific Plan and Bayfront Master Plan, provide the framework for successful redevelopment to occur. Each of the ENA Developers continue to demonstrate their commitment to partner with the CVRC and to develop projects that meet the objectives and fulfill the vision set by the public and by City leaders. To that end, the ENA developers have moved forward in good faith with the initial predevelopment process on their respective sites. They each received a Preliminary Title Report, in accordance with the ENA Timeline and have begun the due diligence process required for property acquisition. Additionally, two of the developers have submitted preliminary sketches and presented draft plans to the Redevelopment Advisory Committee ("RAC') for public review and comment. Staff recommends amending the existing timeframe in the agreements. These amendments are summarized as follows: . Changes to the negotiation period of the Agreements in Section 2A 3-OZ Staff Report -Item No.d Page 3 . Changes to the flexibility of the Schedule in Section 3A . Changes to the Timeline for each ENA in Exhibit B Negotiation Period Section 2A, entitled, "Negotiation Period," of each ENA will be changed to reflect a new Initial Negotiation Period of 300 days, commencing on the effective date of the amendment Uune 5, 2007). This will extend the duration of each agreement to allow for completion of the entitlement process for the respective project. Schedule Section 3A will be changed to give the Executive Director flexibility to adjust the schedule within the timeline as needed, without coming back to the CVRC for approval. Minor adjustments to the milestones in the timeline may be made administratively, saving time and money. Timeline In addition to the overall timeframe set by the Initial and Extended (if necessary) Negotiation Periods, the timeline sets milestones to mark each project's progress. The timelines have been modified to reflect the updated planning and review process. For example, the timeline now assumes the adoption of the UCSP, so the milestones are no longer tied to that event. Also, the RAC review is now the formal public review process, so the timelines have been updated to reflect that change. ATTACHMENTS: A. Map of ENA Sites B. May 11, 2006, Staff Report PREPARED BY: Janice Kluth, AICP, Senior Community Development Specialist 3-j ATTACHMENT A o 0.025 0.05 0.1 0.15 0.2 Miles I. 3rd & E Northeast Corner / CityMark Development 2. 3rd & E Southeast Corner / Avion Development 3. Church & Davidson West / Douglas Wilson 4. Landis South / CityMarl< Development 5. Church & Madrona Northwest / Public 6. 3rd & G Northwest / Intergulf-Mar [Park) Group 7. E StreetTransit Villa e / Lennar-Inter ulf ~ II Merged Sayfront / Town Centre I Project Area Merged Chula Vista Project Area ..3-4' ATTACHMENT B .. .. R DFVFLOPtviE CORPORATION CHULA VISTA CVRC Board Staff Report - Page 1 Item No. 2 DATE: May 11, 2006 TO: CVRC Board Directors FROM: Dana M. Smith, Secretary VIA: David D. Rowlands, Jr., Chief Executive Officer SUBJECT: Consideration of Exclusive Negotiating Agreements for Three Sites and Amendments to Exclusive Negotiating Agreements for Four Sites within the Merged and Town Centre I Redevelopment Areas Project Areas: Merged and Town Centre I Agreement: Exclusive Negotiating Agreements (ENAs) Developers: New: Public, Intergulf/Lennar & Douglas Wilson Companies Amended: CityMark, Avion Development & Intergulf/Mar Group Project Sites: Multiple Project Types: Mixed-use Residential Project Descriptions: To Be Determined BACKGROUND: On July 26, 2005, the Agency adopted five Exclusive Negotiating Agreements (ENAs) focusing on key catalyst projects along the Third Avenue corridor. These projects are within the Urban Core Specific Plan ("UCSP") area. The UCSP is intended to implement the policy direction of the recently adopted General Plan Update ("GPU") and is a key policy document that will, if adopted, set the development parameters and guidelines in this area of the City. The draft document is currently available for public review. It is the goal of redevelopment staff to ensure that all new development is guided by the City's adopted policy documents. As the foundational planning documents, the adoption of the GPU and UCSP are critical to the timely development of new projects. Therefore, staff is proposing that an amendment be approved for four of the original five ENAs to align the ENA Timeline (Attachment B) with the proposed date of adoption for the UCSP. In addition, the Community Development Department has been looking at new opportunities for development within the redevelopment project areas and has developed relationships with several ..- j.-6 Staff Report - Item No.2 Page 2 developers. Three new ENAs are being presented. Each is structured to operate in conjunction with the UCSP and is proposed for the following developers and their respective sites: 1. Lennar/lntergulf E Street Transit Village 2. Public Church and Madrona Northwest 3. Douglas Wilson Companies Davidson and Church West As previously discussed, staff is also proposing that four ENAs be amended to extend the negotiation period and update the ENA Timeline. Amendments are proposed for the following three developers for four sites: 1. CityMark Development Landis Avenue South 2. CityMark Development Third Avenue & E Street Northeast 3. Avion Development Third Avenue & E Street Southeast 4. Intergulf and Mar Group Third Avenue & G Northwest The following staff report provides information about the established developer qualification process, a description of the Exclusive Negotiating Agreements, and introductions to the proposed development teams. RECOMMENDATION: Staff recommends that the Chula Vista Redevelopment Corporation adopt resolutions approving and authorizing the Chair to: a) Execute Exclusive Negotiating Agreements with three qualified developers for three properties located within the Town Centre I and Merged redevelopment project areas of the City of Chula Vista; and b) Execute a First Amendment to the Exclusive Negotiating Agreement for three pre- qualified developers for four properties located within the Town Centre I and Merged redevelopment project areas. DISCUSSION: Exclusive Negotiating Agreements Purpose The established ENA process does not seek development projects; rather it seeks to match highly reputable developers with the proposed sites. This policy was established because staff believes that by reviewing and selecting developers who are committed to working cooperatively with the 3-4, Staff Report - Item No.2 Page 3 Agency and the community, the end result will be a development that better meets the goals of the City, Agency and community. It also allows the CVRC the ability to select a qualified company with a proven track record versus a particular project. An Exclusive Negotiating Agreement (UENAs") is a roadmap for the evolution of a redevelopment project. ENAs establish a predictable and agreed upon process, timeline, and parameters for developers and the staff to cooperatively design and process redevelopment proposals that meet the goals and objectives of both parties. For the CVRC, the ENA process strategically evolves a proposal from initial concept to a defined project that is consistent with relevant and applicable plans and policies (e.g., UCSP, redevelopment plans), aligned with community character, and designed to meet the City's strategic and economic goals for public amenities and community revital ization. The purposes of the ENA are summed up into following four main objectives: D Formalize a cooperative relationship with the Developer; D Define the roles and responsibilities of the Developer and CVRGAgency; D Determine the process for development, including a timeline for: o Predevelopment activities such as design, financials, market study, etc. o Public input and participation; and D Provide the timeframe and actions necessary to prepare for consideration by the decision makers a Disposition and Development Agreement (DDA) or Owner Participation Agreement (OPA) if required. In addition to the objectives listed above, ENAs provide a transparent and cooperative process for the public, CVRC, Developer, and staff to work within. The ENA is one of the tools available to a Chula Vista Redevelopment Corporation which, when structured properly, provides clarity of purpose and process that is accessible to all parties, and the public. The ENA process therefore also provides an early, logical, and effective vehicle for public input and participation. Public Input & Participation In conjunction with the Agency/Council's May 24, 2005 approval of the CVRC, the Agency/Council adopted as formal policy statements three guiding principles for public participation: D Public input and participation should occur early and often. D Public input and participation should be open, inclusive, and accessible. D Public input and participation should be educational and informative. In order to facilitate the early integration of public dialogue consistent with the Council/Agency's adopted policies, the ENA timeline requires two important public meetings as opportunities for public input and participation. It is anticipated that a community workshop will be scheduled for the CVRC to discuss public participation in June 2006. -3-1 Staff Report - Item No.2 Page 4 Structure As crafted, the ENA generally describes the proposed development site, establishes a timeline for milestones and public participation, defines the negotiation period, and establishes a deposit amount. An important component of the ENA is the timeline, which is an attachment to the ENA. This document provides clear completion dates for various necessary predevelopment tasks. Two main objectives that this timeline facilitates are: 1. The delineation of the required predevelopment tasks, such as completion of the market study, site plans and elevations, financing and development analysis, etc. 2. The establishment of opportunities and vehicles for public input and participation early within the pre-design phases of the project. Developer Qualification and Criteria There are many types of developers - each with their own expertise, experience, and financial capacity. The Agency is interested in finding qualified developers who understand Chula Vista's interests, history, and vision for the future, developers who have a depth of experience in building and designing all types of development in an urban market. In selecting developers for the proposed development sites, the prospective developers were required to demonstrate that they had the experience and resources needed to design and develop projects that were appropriate for the site, based upon the UCSP proposed land use and zoning parameters. Previous direct involvement with projects of exceptional design, financial capacity and access to financing was also considered critical in evaluating developer qualifications and experience. The main criteria considered when reviewing a developer's qualifications were: Q Corporate Profi Ie Q Development experience with references Q Types of projects completed or underway Q Financial capacity Q Development team and bios Q Ability and willingness to partner with the City Qualification Process Staff has pre-qualified each of the developers in this report based on the qualification criteria described above and matched the developer's qualifications to the respective development site. Each site is unique in size, location, and constraints. The means by which each developer's qualifications were introduced to staff also varied - some were submitted through a Request for Qual ifications (RFQ) issued by the Agency for Agency-owned properties, and others through Statements of Interest independently submitted by the developers. Although each proposal was introduced in a different manner, the qualifications for each developer was reviewed and evaluated in the same manner, consistent with the qualification criteria. All three of the sites (the E Street 3-g Staff Report - Item No.2 Page 5 Village, Davidson and Church West and Church and Madrona Northwest) involve Agency-owned properties. E Street Village On April 1, 2005, the Community Development Department publicly issued and circulated a Request For Qualifications for the City-owned Public Works Yard as part of the larger E Street Transit Village. Proposals and statements of qualifications were received from multiple well- qualified developers possessing intimate knowledge and experience in urban residential and mixed-use developments. To assist in the selection process, Redevelopment staff formed an eight- person selection committee, consisting of staff within various City departments. In addition to developer history, experience, and financial capabilities, a key criteria and focus of the review committee was the level of commitment of the development teams to creating positive partnerships and working relationships with CVRC staff, the local community, and other development teams working with the CVRe. Of the eight applicants, the selection committee unanimously ranked the top three in the following order: 1) Lennar/ntergulf 2) Douglas Wilson Companies and 3) Langford and Associates. Based upon their qualifications and experience, Lennar/lntergulf is being recommended as the developer for the E Street Transit Village. Church and Madrona Northwest Public, a planning, engineering and development firm independently submitted a Statement of Interest for the Church and Madrona Northwest site. Public has designed and developed numerous buildings, including the Dutra Brown Building, a four-unit rental apartment building in the Little Italy district, Laurel Court, a twenty-unit modern residential project in West Hollywood, and the Lee Residence, a single-family home in La Jolla. In addition, Public has received numerous state and national awards. Based upon their qualifications and experience staff supports their proposal. Davidson and Church West The Agency and Douglas Wilson Companies originally entered into an ENA in July 2005 for the Landis Avenue Northeast site. The Developer has since determined that the two Agency-owned parking lots on either side of the intersection of Davidson Street and Church Street are more compatible with their development concept. Therefore, staff is recommending Douglas Wilson Com pan ies for the site. Qualified Developers and Proposal Sites The following are brief overviews of each of the Developers and their proposed development sites that are being considered for execution or amendment of an ENA. For a complete Developer biography and more information regarding the proposed development site, please refer to the Attachments as described below. New ENAs LENNAR_ (~ t ,~~ "i? h Lennar Homes of California, Inc. and Intergulf Development Group are experienced developers of mixed-use urban infill projects, including 3-9 Staff Report - Item No.2 Page 6 intergtdf IJEYEl.OPMENT GROll' collaborative projects such as Alicante, la Vita, and Breeza. Intergulf and lennar are interested in the site known as the E Street Transit Village, which include 257,860 square feet in area. This site is publicly owned by the Redevelopment Agency. The conceptual development includes other parcels under private ownership. See Attachment C. Publi Public is architecture and planning based development firm based in San Diego. They are experienced in retail and residential projects including Cafe on Park, Dutra Brown Building, laurel Court and the South Bark Dog Wash. The site, known as Church and Madrona Northwest, is an approximate 8,794 square foot site situated on two parcels located on the Northwest corner of Church Street and Madrona Street. These sites are publicly owned by the Redevelopment Agency, and their current uses are as metered parking lots. See Attachment D. . Douglas Wilson Companies Douglas Wilson Companies is an experienced developer of mixed-use urban infill projects in the San Diego area, including Parkloft, The Mark, and Symphony Towers. The site, known as Church and Davidson West, is of approximately 25,538 square feet of three separate parcels located on the northwest and southwest corners of Church Street and Davidson Street. The sites are publicly owned by the Redevelopment Agency, and their current uses are as metered parking lots. See Attachment E. Amendments to ENAs iiJ CITYMADK . .. _ m CityMark is an urban residential and mixed-use development company based in San Diego and founded in 2000. CityMark primarily develops low-rise and mid-rise residential projects, including condominiums and mixed-use developments incorporating retail and office space. CityMark is interested in developing the Landis Avenue South site, which encompasses approximately 46,352 square feet in area. The site is currently owned by the Redevelopment Agency, and its current use is a metered parking lot. See Attachment F. AUSTIN V E U M ROBBINS PARTNERS Avion Development is an experienced developer of mixed-use urban infill projects in the San Diego area, including One library Circle, Santa Fe 6, 17th & G, Smart Corner (Park Blvd. & Broadway), and 15th & Market. Avion, is interested in developing the site known as Third Avenue and E Street Southeast. The subject property is located at 201 Third Avenue and totals ..3-/0 Staff Report - Item No.2 Page 7 approximately 11,454 square feet in area. This site is publicly owned by the Redevelopment Agency and is currently vacant. See Attachment G. intergulcf ~f:<r Intergulf Mar (Park) He are experienced developers of mixed-use urban infill projects, including Trio @ Kettner, Alicante, La Vita, Palazzo, as well as numerous others. Intergulf and Mar Group are interested in the site known as Third Avenue and G Street Northwest, which total 41,097 square feet in area. This site is owned by the Developers and is the site of the former Social Security Building. See Attachment H. DEYELOPMENT GlatJfI t r, v f : 0 ~ M F 0' i- Each of the Developers is well qualified and has demonstrated his desire and commitment to partner with the City and CVRC, to develop a project that meets the objectives and guidelines as will be set forth by the UCSP, and to work cooperatively with the public in the design of the project. CONCLUSION Since the approval of the original five ENAs, the economy and market have begun to shift, which has been reflected in rising interest rates, increased construction costs and the slowing in the absorption of new units. Due to the financial complexity of urban infill projects, a change in any of these variables has an especially drastic impact on redevelopment and this City's revitalization activities on the Westside. As these factors continue to shift, the opportunities for timely redevelopment will continue to diminish. It is therefore important that the CVRC expeditiously capture and take advantage of the current economic and market conditions through the effective planning of such efforts as the Urban Core Specific Plan and the timely implementation of strategic redevelopment tools through the Exclusive Negotiation Agreement. ATTACHMENTS: A. Map of Proposal Sites B1. ENA Timeline C. Lennar/lntergulf Profile for E Street Transit Village D. Public Profile for Church and Madrona Northwest E. Douglas Wilson Companies Profile for Church and Davidson West F. CityMark Development LLC Profile for Landis Avenue South G. CityMark Development LLC Profile for Third Avenue & E Street Northeast H. Avian Development Profile for Third Avenue and E Street Southeast I. Intergulf Mar (Park) LLC Profile for Third Avenue and G Street Northwest PREPARED BY: Diem Do, Senior Community Development Specialist 3-11 RESOLUTION NO. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING A SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT WITH A VION DEVELOPMENT LLC FOR DEVELOPMENT OF THE THIRD AVENUE AND E STREET SOUTHEAST SITE WHEREAS, it is the role and responsibility of the Chula Vista Redevelopment Corporation ("CVRC") to promote economic vitality, create market confidence, encourage environmental health and remediation, create public benefits and amenities, and facilitate the development, reconstruction, and rehabilitation of residential, commercial, industrial, and retail uses; and WHEREAS, on July 26, 2005, the Redevelopment Agency and Avion Development LLC ("Developer") entered into an Exclusive Negotiating Agreement ("ENA"); and WHEREAS, on May 11, 2006, Section 2A of the ENA was amended by the CVRC to extend the initial negotiation period ("Initial Negotiation Period") of the ENA to March 7,2007; and WHEREAS, Section 26 of the ENA authorizes the Executive Director, in his or her sole discretion, to provide a written administrative extension of the Agreement; and WHEREAS, on March 5, 2007, a gO-day written, administrative extension ("Extended Negotiation Period") was proposed by the Executive Director and agreed to by the Developer, establishing an Extended Negotiation Period from March 7, 2007 to June 5, 2007; and WHEREAS, the ENA relates to development of a mixed-use project known as Third Avenue and E Street Southeast in the Town Centre I Redevelopment Project Area, consisting of one parcel located along the eastern side of Third Avenue at E Street (Assessor's Parcel Number 568-071-01) and totaling approximately 11,454 square feet in area; and WHEREAS, the Developer has in good faith completed significant predevelopment tasks; and WHEREAS, the Developer desires to continue to work cooperatively with the CVRC in the design development of the mixed-use project; and WHEREAS, it is in the interest of the CVRC to execute and enter into a Second Amendment to the ENA with Developer for the proposed development site; and WHEREAS, approval of the Second Amendment to the ENA is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061 (b)(3) of the State CEQA Guidelines; and NOW THEREFORE BE IT RESOLVED that the CVRC does hereby approve the Second Amendment to the Exclusive Negotiating Agreement with Avion Development LLC for potential development of a real estate project located at Third Avenue and E Street Southeast and authorizes the Chair to execute said Amendment. ~ a....- - I Page 2 eVRe Resolution No. PRESENTED BY APPROVED AS TO FORM BY Ann Hix Acting Director of Community Development Ann Moore General Counsel PASSED, APPROVED and ADOPTED BY THE CHULA VISTA REDEVELOPMENT CORPORATION, in CHULA VISTA, CALIFORNIA this 26th day of April, 2007, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Cheryl Cox Chairman ATTEST: Ann Hix Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, Ann Hix, Secretary to the Chula Vista Redevelopment Corporation of the City of Chula Vista, California, do hereby certify that the foregoing CVRC Resolution No. was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a regular meeting of the Chula Vista Redevelopment Corporation held on the 26th day of April, 2007. Dated: April 26, 2007 Ann Hix Secretary ,3 [L -~ AVION SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT Avian Development lle This SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT ("Second Amendment") is entered into as of April 26, 2007 ("Date of Second Amendment") by and between the CHULA VISTA REDEVELOPMENT CORPORATION, a California nonprofit public benefit corporation ("CVRC"), on behalf of and for the Chula Vista Redevelopment Agency, a public body corporate and politic ("RDN'), and AVION DEVELOPMENT LLC, a California Limited Liability Company ("Developer"). WHEREAS, it is the role and responsibility of the CVRC to promote economic vitality, create market confidence, encourage environmental health and remediation, create public benefits and amenities, and facilitate the development, reconstruction, and rehabilitation of residential, commercial, industrial, and retail uses; and WHEREAS, on July 26, 2005, the Redevelopment Agency and the Developer entered into an Exclusive Negotiating Agreement ("ENA"); and WHEREAS, on May 11, 2006, Section 2A of the ENA was amended by the CVRC to extend the initial negotiation period ("Initial Negotiation Period") of the ENA to March 7,2007; and WHEREAS, Section 2B of the ENA authorizes the Executive Director, in his or her sole discretion, to provide a written administrative extension of the Agreement; and WHEREAS, on March 5, 2007, a gO-day written, administrative extension ("Extended Negotiation Period") was proposed by the Executive Director and agreed to by the Developer, establishing an Extended Negotiation Period from March 7,2007 to June 5, 2007; and WHEREAS, the ENA relates to development of a mixed-use project known as Third Avenue and E Street Southeast in the Town Centre I Redevelopment Project Area, consisting of one parcel located along the eastern side of Third Avenue at E Street (Assessor's Parcel Number 568-071-01) and totaling approximately 11,454 square feet in area; and WHEREAS, the Developer has in good faith completed significant predevelopment tasks; and WHEREAS, the Developer desires to continue to work cooperatively with the CVRC in the design development of the mixed-use project; and WHEREAS, it is in the interest of the CVRC to execute and enter into a Second Amendment to the ENA with Developer for the proposed development site; and WHEREAS, approval of the Second Amendment to the ENA is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the State CEQA Guidelines; and NOW THEREFORE, in consideration of the recitals and mutual obligations of the parties herein, the CVRC and Developer agree as follows: 1. Section 2 of the ENA, entitled Negotiation Period, is hereby amended as follows: .:3 GC- .3 AVION 2.A. Agency and Developer agree to negotiate for an initial period of 300 days unless terminated earlier. Said 300 days shall commence on the Date of this Second Amendment. 2. Section 3.A. of the ENA, entitled Schedule, is hereby amended as follows: Agency and Developer agree and acknowledge that all submittals required by this Agreement shall be submitted pursuant to the timeline attached hereto as Exhibit uB." Exhibit B may be amended administratively by the Executive Director as needed and with the concurrence of the Developer, provided the timeline does not exceed the Initial Negotiation or Extended Negotiation (if applicable) Periods. 3. Exhibit UB" of the ENA shall be substituted with the Revised Exhibit B as attached hereto. 4. Except as expressly provided herein all other provisions of the ENA shall remain in fu II force and effect. [NEXT PAGE IS SIGNATURE PAGE] 5~-t.J AVION Signature Page To Second Amendment To Exclusive Negotiating Agreement IN WITNESS WHEREOF the parties hereto have executed this Second Amendment to the Exclusive Negotiating Agreement as of the date set forth above, thereby indicating the consent of the principals. CHULA VISTA REDEVELOPMENT CORPORATION AVION DEVELOPMENT LLC By: By: Cheryl Cox Chair Douglas Austin Chairman/CEO Date: Date: APPROVED AS TO FORM: By: Ann Moore General Counsel Date: ATTEST: Susan Bigelow City Clerk -:3 t:L -6 AVION REVISED EXHIBIT "B" Exclusive Negotiating Agreement Revised Timeline MilESTONE DESCRIPTION Within 90 Days of Second ENA Amendment Pre-submittal staff meeting Submit preliminary design for staff review (including but not limited to site plans and elevations) RAC Meeting #1 Redevelopment Advisory Committee ("RAC") review to gather input from the public and stakeholders on the preliminary design for the subject Property. . Within 60 Days of RAC Meeting #1 Initial Pro Forma Submit initial pro forma for the proposed development. Project Development Submit projected construction schedule for the proposed development. Schedule Due Diligence Provide written determination of property's physical suitability for development, taking into account relevant regulatory and environmental conditions. Project Submittal at Submit site plans and elevations based on pre-design review with staff and public Design Development input received at RAC Meeting #1. Submit all relevant applications and fees. Phase Within 160 Days of Second ENA Amendment 1st Plan Review Staff reviews plans for compliance with applicable codes and regulations; letter prepared by Project Manager summarizing staff comments is sent to developer. RAC Meeting #2 Present revised development plans to the RAC, respondi ng to previous comments from the RAC and staff. Within 60 Days of RAC Meeting #2 Revised Site Plans and Submit revised site plans and elevations. Elevations 2nd Plan Review Staff reviews plans for compliance with applicable codes and regulations; letter prepared by Project Manager summarizing staff comments is sent to developer. Revised Proforma and Submit refined proforma and development schedule based on revised site plans Development Schedule and elevations. Market Study Submit a market study containing a forecast of regional and local real estate market conditions and anticipated performance of proposed product types. Development Partners Submit letter identifying investment partners. and Structure Funding Partners and Submit letter identifying lenders and proof of ability to obtain financing. Structure CVRC Preview Present revised site plans and elevations to the Chula Vista Redevelopment Corporation ("eVRC"), responding to previous comments from the RAC and staff, and providing a preliminary overview of proforma, construction schedule and market study. Within 100 Days of RAC Meeting #2 Draft DDA Complete negotiations and draft Disposition and Development Agreement. Final Revisions Finalize revisions to development proposal and all relevant materials, based on CVRC comments. ,3CL- G AVION MILESTONE DESCRIPTION CYRC Hearing Present development proposal and DDNOPA for review and consideration. CYRC adopts advisory recommendations for Agency and/or Council consideration. Within 30 Days of CYRC Hearing Redevelopment Agency / Present development proposal and DDNOPA to Agency and/or Council for final City Council Hearing review and approval. dt01 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 all 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. DDLJ6t..AS It. AvSTIN A;tY\1.-- IY\A'NA-[Qi:.l11E;/\\T Uf. A'I10N D~YE..LOPl'l1ENT (..Uv 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. !::rl\)(PUtS 1-\. AvSTlr-l Cb \ZeEoN Teu...lJJ R1<cl1 TAl!'" TI N qt~IS Tof'l+tr< T. 'IE-11M !<..AtoIb\j :::'. R.of>I!:~>iroI' 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. tVPr 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. lSO\lAteCO St\. '/IID\..-~N D P M>LO Q,o L..L.\ toI 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 v'" If Yes, briefly describe the nature of the financial interest the official" may have in this contract. NIle-- 6. Have you made a contribution otmore than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ~Yes _If yes, which Council member? N/t+ JtfL2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, ioan, etc.) Yes No V If Yes, which official** and what was the nature of item provided? r-J/k Date: 4.1e, .01 " Vwet. Print or type name of Contractor! Applicant . 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. .. Official includes, but is not limited to: Mayor, Council member, Chula Vista Redevelopment Corporation member, Planning Commissioner, member of a board, commission, or committee of the City, employee, or staff members. September 8, 2006 3LL9 RESOLUTION NO. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING A SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT WITH INTERGULF-MAR (PARK) LLC FOR DEVELOPMENT OF THE THIRD AVENUE AND G STREET NORTHWEST SITE. WHEREAS, it is the role and responsibility of the Chula Vista Redevelopment Corporation ("CVRC") to promote economic vitality, create market confidence, encourage environmental health and remediation, create public benefits and amenities, and facilitate the development, reconstruction, and rehabilitation of residential, commercial, industrial, and retail uses; and WHEREAS, on July 26, 2005, the Redevelopment Agency and the Developer entered into an Exclusive Negotiating Agreement ("ENA"); and WHEREAS, on May 11, 2006, Section 2A of the ENA was amended by the CVRC to extend the initial negotiation period ("Initial Negotiation Period") of the ENA to March 7, 2007; and WHEREAS, Section 2B of the ENA authorizes the Executive Director, in his or her sole discretion, to provide a written administrative extension of the Agreement; and WHEREAS, on March 5, 2007, a 90-day written administrative extension ("Extended Negotiation Period") was proposed by the Executive Director and agreed to by the Developer, establishing an Extended Negotiation Period from March 7,2007 to June 5, 2007; and WHEREAS, the ENA relates to development of a mixed-use project, known as Third Avenue and G Street Northwest in the Town Centre I Redevelopment Project Area, consisting of two parcels located along the western side of Third Avenue, between G Street and Park Way (Assessor's Parcel Number 568- 300-46 and 568-300-15) and totaling approximately 41,097 square feet in area; and WHEREAS, the Developer has in good faith completed significant predevelopment tasks; and WHEREAS, the Developer desires to continue to work cooperatively with the CVRC in the design development of a mixed-use project; and WHEREAS, it is in the interest of the CVRC to execute and enter into a Second Amendment to the ENA with Developer for the proposed development site; and WHEREAS, approval of the Second Amendment to the ENA is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061 (b)(3) of the State CEQA Guidelines. NOW THEREFORE BE IT RESOLVED that the CVRC does hereby approve the Second Amendment to the ENA with the Developer for potential development of a real estate project located at Third Avenue and G Street Northwest and authorizes the Chair to execute said Amendment. ,3 b / Poge 2 CVRC Resolution No. PRESENTED BY APPROVED AS TO FORM BY Ann Hix Acting Director of Community Development Ann Moore General Counsel PASSED, APPROVED and ADOPTED BY THE CHULA VISTA REDEVELOPMENT CORPORATION, in CHULA VISTA, CALIFORNIA this 26th day of April, 2007, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Cheryl Cox Chairman ATTEST: Ann Hix Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, Ann Hix, Secretary to the Chula Vista Redevelopment Corporation of the City of Chula Vista, California, do hereby certify that the foregoi ng CVRC Resol ution No. was du Iy passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a regular meeting of the Chula Vista Redevelopment Corporation held on the 26th day of April, 2007. Dated: April 26, 2007 Ann Hix Secretary .:3 b 6Z SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT Intergulf-Mar (Park) LLC This SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT ("Second Amendment") is entered into as of April 26, 2007 ("Date of Second Amendment") by and between the CHULA VISTA REDEVELOPMENT CORPORATION, a California nonprofit public benefit corporation ("CVRC'), on behalf of and for the Chula Vista Redevelopment Agency, a public body corporate and politic ("RDA"), and INTERGULF-MAR (PARK) LLC, a California Limited Liability Company ("Developer"). WHEREAS, it is the role and responsibility of the CVRC to promote economic vitality, create market confidence, encourage environmental health and remediation, create public benefits and amenities, and facilitate the development, reconstruction, and rehabilitation of residential, commercial, industrial, and retail uses; and WHEREAS, on July 26, 200S, the Redevelopment Agency and the Developer entered into an Exclusive Negotiating Agreement ("ENNl; and WHEREAS, on May 11, 2006, Section 2A of the ENA was amended by the CVRC to extend the initial negotiation period ("Initial Negotiation Period") of the ENA to March 7,2007; and WHEREAS, Section 28 of the ENA authorizes the Executive Director, in his or her sole discretion, to provide a written administrative extension of the Agreement; and WHEREAS, on March 5, 2007, a 90-day written, administrative extension ("Extended Negotiation Period") was proposed by the Executive Director and agreed to by the Developer, establishing an Extended Negotiation Period from March 7, 2007 to June 5, 2007; and WHEREAS, the ENA relates to development of a mixed-use project known as Third Avenue and G Street Northwest in the Town Centre I Redevelopment Project Area, consisting of two parcels located along the western side of Third Avenue, between G 'Street and Park Way (Assessor's Parcel Number 568-300-46-00 and 568-300-15-00) and totaling approximately 41,097 sq uare feet in area; and WHEREAS, the Developer has in good faith completed significant predevelopment tasks; and WHEREAS, the Developer desires to continue to work cooperatively with the CVRC in the design development of a mixed-use project; and WHEREAS, it is in the interest of the CVRC to execute and enter into a Second Amendment to the ENA with Developer for the proposed development site; and WHEREAS, approval of the Second Amendment to the ENA is exempt from the California Environmental Quality Act ("CEQN) pursuant to Section 15061(b)(3) of the State CEQA Guidelines. NOW THEREFORE, in consideration of the recitals and mutual obligations of the parties herein, the CVRC and Developer agree as follows: 1. Section 2 of the ENA, entitled Negotiation Period, is hereby amended as follows: 3b,3 2.A. Agency and Developer agree to negotiate for an initial period of 300 days unless terminated earlier. Said 300 days shall commence on the Date of the Second Amendment. 2. Section 3.A. of the ENA, entitled Schedule, is hereby amended as follows: Agency and Developer agree and acknowledge that all submittals required by this Agreement shall be submitted pursuant to the time line attached hereto as Exhibit "8. H Exhibit 8 may be amended administratively by the Executive Director as needed and with the concurrence of the Developer, provided the timeline does not exceed the Exclusive Negotiation Period. 3. Exhibit "B" of the ENA shall be substituted with the Revised Exhibit B as attached hereto. 4. Except as expressly provided herein all other provisions of the ENA shall remain in fu II force and effect. [NEXT PAGE IS SIGNATURE PAGE] ,3b~ Signature Page To Second Amendment To Exclusive Negotiating Agreement IN WITNESS WHEREOF the parties hereto have executed this Second Amendment to the Exclusive Negotiating Agreement as of the date set forth above, thereby indicating the consent of the principals. CHULA VISTA REDEVELOPMENT CORPORATION INTERGULF MAR (PARK) LLC By: By: Cheryl Cox Chair Juan-Pablo Mariscal President Date: Date: APPROVED AS TO FORM: By: Ann Moore General Counsel Date: ATTEST: Susan Bigelow City Clerk ~:3.b S- lNTERGULF-MAR REVISED EXHIBIT "B" Exclusive Negotiating Agreement Revised Timeline MILESTONE DESCRIPTION Within 40 Days of Second ENA Amendment Pre-submittal staff Submit preliminary design for staff review (including but not limited to site plans and meeti ng elevations) RAC Meeting #1 Redevelopment Advisory Committee ("RAC") review to gather input from the public and stakeholders on the preliminary design for the subject Property. Within 30 Days of RAC Meeting #1 Initial Pro Forma Submit initial pro forma for the proposed development. Project Development Submit projected construction schedule for the proposed development. Schedule Due Diligence Provide written determination of property's physical suitability for development, taking into account relevant regulatory and environmental conditions. Full Project Submittal Submit site plans and elevations based on pre-design review with staff and public input received at RAC Meeting #1. Submit all relevant applications and fees. Within 100 Days of Second ENA Amendment 1;t Plan Review Staff reviews plans for compliance with applicable codes and regulations; letter prepared by Project Manager summarizing staff comments is sent to developer. RAC Meeting #2 Present revised development plans to the RAe, responding to previous comments from the RAC and staff. Within 30 Days of RAC Meeting #2 Revised Site Plans and Submit revised site plans and elevations. Elevations 20d Plan Review Staff reviews plans for compliance with applicable codes and regulations; letter prepared by Project Manager summarizing staff comments is sent to developer. Revised Proforma and Submit refined proforma and development schedule based on revised site plans and Development elevations. Schedule Market Study Submit a market study containing a forecast of regional and local real estate market conditions and anticipated performance of proposed product types. Development Partners Submit letter identifying investment partners. and Structure Funding Partners and Submit letter identifying lenders and proof of ability to obtain financing. Structure CVRC Preview Present revised site plans and elevations to the Chula Vista Redevelopment Corporation ("CVRC"), responding to previous comments from the RAC and staff, and providing a preliminary overview of proforma, construction schedule and market study. Within 100 Days of RAC Meeting #2 Draft DDA Complete negotiations and draft Disposition and Development Agreement. Final Revisions Finalize revisions to development proposal and all relevant materials, based on CVRC comments. ____3 h ~ INTERGULF-MAR MILESTONE DESCRIPTION CVRC Hearing Present development proposal and DDNOPA for review and consideration. CVRC adopts advisory recommendations for Agency and/or Council consideration. Within 30 Days of CVRC Hearing Redevelopment Present development proposal and DDNOPA to Agency and/or Council for final Agency / City Cou nci I review and approval. Hearing Jh1 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 all 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 disciosed: 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. .rN~uLP -IJV;I.. CPAJ1.lc)L.l.G 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. .:fI"n;-I:.G\JLF ~ f'n'leNT (USA )COe.P. """'''- E'\.<Quf' (era Ave) u.c 3. If any person" identified pursuant to (1) abeve is a non-profit organization or trust, list the names of any person serving as director of the non~profjt organization or as trustee or beneficiary or trustor of the trust 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. ~W~ V I-Ar<J1Yl6 l)II. fV\ATKeSON :11.JAN -PAf;<.O nrA~ScAL 5. Has any person" associated with this contract had any financiai dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No V If Yes, briefly describe the nature of the financial interest the official*" may have in this contract. 6 Have you made a contribution at more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Not:::: Yes _If yes, which Council member? .-3b g 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income. money to retire a legal debt. gift. loan. etc.) Yes_ No V If Yes. which official"" and what was the nature of item provided? Date: I..t /,"1 /07 C:~. Signatu,. . ~-/llA~CPtW<-, l..lA:, 1:J1JI.N-PAUO 1AJ./U'il:;tL Print or type name of Contractor/Applicant Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, cily, municipality, district, or other pOlitical subdivision, -or any other group or combination acting as a unit Official includes, but is not limited to: Mayor, Council member, Chula Vista Redevelopment Corporation member, Planning Commissioner, member of a board, commission, or committee of the City, employee, or staff members. September 8, 2008 3.b 1 RESOLUTION NO. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING THE FIRST AMENDMENT TO THE EXCLUSIVE NEGOTIATING AGREEMENT WITH DOUGLAS WILSON COMPANIES FOR DEVELOPMENT OF THE CHURCH STREET AND DAVIDSON STREET WEST SITES. WHEREAS, it is the role and responsibility of the Chula Vista Redevelopment Corporation ("CVRC") to promote economic vitality, create market confidence, encourage environmental health and remediation, create public benefits and amenities, and facilitate the development, reconstruction, and rehabilitation of residential, commercial, industrial, and retail uses; and WHEREAS, on May 11, 2006, the CVRC entered into an Exclusive Negotiating Agreement ("ENA") with Developer; and WHEREAS, Section 2.A of the ENA outlines an initial negotiation period ("Initial Negotiation Period") between the Agency and Developer of 300 days. This Initial Negotiation Period expired on March 7, 2007; and WHEREAS, Section 2.B of the ENA authorizes the Executive Director, in his or her sole discretion, to provide a written administrative extension of the Agreement; and WHEREAS, on March 5, 2007, a 90-day written administrative extension ("Extended Negotiation Period") was proposed by the Executive Director and agreed to by the Developer, establishing an Extended Negotiation Period from March 7,2007 to June 5, 2007; and WHEREAS, the ENA relates to development of a residential project known as Church Avenue and Davt'dson Street West in the Town Centre I Redevelopment Project Area, consisting of three parcels located along the western side of Church Avenue at Davidson Street (Assessor's Parcel Numbers 568-071-19-00, 568-071-18-00 and 568-161-25-00) and totaling approximately 25,538 square feet in area; and WHEREAS, the Developer has in good faith completed significant predevelopment tasks; and WHEREAS, the Developer desires to continue to work cooperatively with the CVRC in the design development of a residential project; and WHEREAS, it is in the interest of the CVRC to execute and enter into an ENA with Developer for the proposed development site; and WHEREAS, approval of the First Amendment to ENA is exempt from the California Environmental Qual ity Act ("CEQA") pursuant to Section 1 5061 (b)(3) of the State CEQA Guidelines; and NOW THEREFORE BE IT RESOLVED that the CVRC does hereby approve the First Amendment to the Exclusive Negotiating Agreement with Douglas Wilson Company for potential development of a real estate project located at Church Street and Davidson Street West and authorizes the Chair to execute said Agreement. ,3(2.. / CYRC Resolution No. Page 2 Presented by: Approved as to form by Ann Hix Acting Director of Community Development Ann Moore General Counsel PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation of the City of Chula Vista, this 26th day of April 2007, by the following vote: AYES: NAYS: ABSENT: ABSTAINED: Cheryl Cox Chair ATTEST: An n Hi x, Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) CITY OF CHULA VISTA) ss: I, Ann Hix, Secretary to the Chula Vista Redevelopment Corporation of the City of Chula Vista, California, do hereby certify that the foregoing CVRC Resolution No. was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a regular meeting of the Chula Vista Redevelopment Corporation held on the 26th day of April, 2007. Dated: 26th day of April, 2007. Ann Hix, Secretary ~3C-C:Z FIRST AMENDMENT TO EXClUSIVE NEGOTIATING AGREEMENT Douglas Wilson Companies This FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT ("First Amendment") is entered into as of April 26, 2007 ("Date of First Amendment") by and between the CHULA VISTA REDEVELOPMENT CORPORATION, a California nonprofit public benefit corporation ("CVRC"), on behalf of and for the Chula Vista Redevelopment Agency, a public body corporate and politic ("RDN), and Douglas Wilson Companies, a California Corporation ("Developer"). WHEREAS, it is the role and responsibility of the CVRC to promote economic vitality, create market confidence, encourage environmental health and remediation, create public benefits and amenities, and facilitate the development, reconstruction, and rehabilitation of residential, commercial, industrial, and retail uses; and WHEREAS, on May 11, 2006, the CVRC and the Developer entered into an Exclusive Negotiating Agreement ("ENA"); and WHEREAS, Section 2.A of the ENA outlines an initial negotiation period ("Initial Negotiation Period") between the CVRC and Developer of 300 days. This Initial Negotiation Period expired on March 7, 2007; and WHEREAS, Section 2.B of the ENA authorizes the Executive Director, in his sole discretion, to provide a written administrative extension of the Agreement; and WHEREAS, on March 5, 2007, a 90-day written, administrative extension ("Extended Negotiation Period") was proposed by the Executive Director and agreed to by the Developer, establishing an Extended Negotiation Period from March 7,2007 to June 5, 2007; and WHEREAS, the ENA relates to development of a residential project known as Church Avenue and Davidson Street West in the Town Centre I Redevelopment Project Area, consisting of three parcels located along the western side of Church Avenue at Davidson Street (Assessor's Parcel Numbers 568-071-19-00, 568-071-18-00 and 568-161-25-00) and totaling approximately 25,538 square feet in area; and WHEREAS, the Developer has in good faith completed significant predevelopment tasks; and WHEREAS, the Developer desires to continue to work cooperatively with the CVRC in the design development of a residential project; and WHEREAS, it is in the interest of the CVRC to execute and enter into an ENA with Developer for the proposed development site; and WHEREAS, approval of the First Amendment to ENA is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061 (b)(3) of the State CEQA Guidelines; and NOW THEREFORE, in consideration of the recitals and mutual obligations of the parties herein, the CVRC and Developer agree as follows: 1. Section 2 of the ENA, entitled Negotiation Period, is hereby amended as follows: 3~3 2.A. Agency and Developer agree to negotiate for an initial period of 300 days unless terminated earlier in accordance with the provisions hereof ("Initial Negotiation Period"). Said 300 days shall commence on June 5, 2007, "Effective Date" of the First Amendment. 2. Section 3.A. of the ENA, entitled Schedule, is hereby amended as follows: Agency and Developer agree and acknowledge that all submittals required by this Agreement shall be submitted pursuant to the time line attached hereto as Exhibit B. Exhibit B may be amended administratively by the Executive Director as needed and with the concurrence of the Developer, provided the timeline does not exceed the Initial Negotiation Period or the Extended Negotiation Period, if applicable. 3. Exhibit "B" of the ENA shall be substituted with the Revised Exhibit B as attached hereto. 4. Except as expressly provided herein all other provisions of the ENA shall remain in fu II force and effect. [NEXT PAGE IS SIGNATURE PAGE] ,:3 C-1 Signature Page To First Amendment To Exclusive Negotiating Agreement IN WITNESS WHEREOF the parties hereto have executed this First Amendment to the Exclusive Negotiating Agreement as of the date set forth above, thereby indicating the consent of the principals. CHULA VISTA REDEVELOPMENT CORPORATION DOUGLAS WILSON COMPANIES A California Corporation By: By: Cheryl Cox Chair Douglas Wilson President Date: Date: APPROVED AS TO FORM: By: Ann Moore General Counsel Date: ATTEST: Susan Bigelow City Clerk 3 c2.. ,5- DOUGLAS WILSON COMPANIES REVISED EXHIBIT "B" Exclusive Negotiating Agreement Amended Timeline MILESTONE DESCRIPTION Within 60 Days of Effective Date (June 5, 2007) of First ENA Amendment Initial Pro Forma Submit initial pro forma for the proposed development. Project Development Submit projected construction schedule for the proposed development. Schedu Ie Due Diligence Provide written determination of property's physical suitability for development, taking into account relevant regulatory and environmental conditions. Full Project Submittal Submit site plans and elevations based on pre-design review with staff and public input received at RAC Meeting #1. Submit all relevant applications and fees. Within 90 Days of Effective Date of First ENA Amendment 1 SI Plan Review Staff reviews plans for compliance with applicable codes and regulations; letter prepared by Project Manager summarizing staff comments is sent to developer. RAC Meeting #2 Present revised development plans to the RAC, responding to previous comments from the RAC and staff. Within 30 Days of RAC Meeting #2 Revised Site Plans and Submit revised site plans and elevations. Elevations 2nd Plan Review Staff reviews plans for compliance with applicable codes and regulations; letter prepared by Project Manager summarizing staff comments is sent to developer. Revised Proforma and Submit refined proforma and development schedule based on revised site plans Development Schedule and elevations. Market Study Submit a market study containing a forecast of regional and local real estate market conditions and anticipated performance of proposed product types. Development Partners Submit letter identifying investment partners. and Structure Funding Partners and Submit letter identifying lenders and proof of ability to obtain financing. Structure CVRC Preview Present revised site plans and elevations to the Chula Vista Redevelopment Corporation ("CVRC"), responding to previous comments from the RAC and staff, and providing a preliminary overview of proforma, construction schedule and market study. Within 100 Days of RAC Meeting #2 Draft DDA Complete negotiations and draft Disposition and Development Agreement. Final Revisions Finalize revisions to development proposal and all relevant materials, based on CVRC comments. CVRC Hearing Present development proposal and DDNOPA for review and consideration. CVRC adopts advisory recommendations for Agency and/or Council consideration. Within 30 Days ofCVRC Hearing Redevelopment Agency / Present development proposal and DDNOPA to Agency and/or Council for final City Council Hearing review and approval. 3c.t.o P I ann n g & Building Planning Division Department Development Processing em OF CHUlA VISTA 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 all 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 pnoperty that is the subject of the application or the contract, e.g.. owner, applicant, contractor, subcontractor, material supplier. nll"-_ 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. lj;'~ 3. If any person. identified pursuant to (1) above is a non-pnofit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary Of trustor of the trust. i/\Io'~ 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. - [, 1\01.1. , , 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_ No2;:L If Yes, briefly describe the nature of the financial interest the official- may have in this contract. 6. Have you made a contribution of more than $250 within the past welve (12) months to a current member of the Chuia Vista City Council? No )eYes _If yes, which Council member? 276 Fourth Avenue Chula Vista ! California 3c1 91910 (619) 691-5101 P I ann n g & Building Planning Division I Department Development Processing CIlY Of CHULA VlSfA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No 'C If Yes, which official** and what was the nature of item provided? Date: ;;i,,;; 7 I J;Bi~~ ""'~. Coo.~ ""'. " Douqlas P. Wilson type name of Contractor/Applicant Printer Person is defined as: any individual, firm, co-parmership, 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 unil. .. Official 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 I California ,,5 c e 91910 (619) 691-5101 RESOLUTION NO. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING A FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT WITH PUBLIC, A CALIFORNIA GENERAL PARTNERSHIP, FOR DEVELOPMENT OF THE CHURCH AND MADRONA NORTHWEST SITE. WHEREAS, it is the role and responsibility of the Chula Vista Redevelopment Corporation ("CVRC") to promote economic vitality, create market confidence, encourage environmental health and remediation, create public benefits and amenities, and facilitate the development, reconstruction, and rehabilitation of residential, commercial, industrial, and retail uses; and WHEREAS, on May 11, 2006, the CVRC and the Developer entered into an Exclusive Negotiating Agreement ("ENA"); and WHEREAS, Section 2A of the. ENA outlines an initial negotiation period ("Initial Negotiation Period") between the CVRC and Developer of 300 days. This Initial Negotiation Period expired on March 7, 2007; and WHEREAS, Section 2B of the ENA authorizes the Executive Director, in his sole discretion, to provide a written administrative extension of the Agreement; and WHEREAS, on March 5, 2007, a 90-day written, administrative extension ("Extended Negotiation Period") was proposed by the Executive Director and agreed to by the Developer, establishing an Extended Negotiation Period from March 7, 2007 to June 5, 2007; and WHEREAS, the ENA relates to development of a residential project known as Church Avenue and Madrona Street Northwest in the Town Centre I Redevelopment Project Area. The subject property consists of two parcels located along the western side of Church Avenue at Madrona Street (Assessor's Parcel Number 568-351-04-00 and 568-351-05-00) and totals approximately 8,795 square feet in area; and WHEREAS, the Developer has in good faith completed significant predevelopment tasks; and WHEREAS, the Developer desires to continue to work cooperatively with the CVRC in the design development of a mixed-use project; and WHEREAS, it is in the interest of the CVRC to execute and enter into a First Amendment to the ENA with Developer for the proposed development site; and WHEREAS, approval of the First Amendment to the ENA is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061 (b)(3) of the State CEQA Guidelines; and NOW THEREFORE BE IT RESOLVED that the CVRC does hereby approve the First Amendment to the Exclusive Negotiating Agreement with Public, a California General Partnership, for potential development of a real estate project known as Church and Madrona Northwest and authorizes the Chair to execute said Amendment. 3d. / Page 3 eVRe Resolution No. PRESENTED BY APPROVED AS TO FORM BY Ann Hix Acting Director of Community Development Ann Moore General Counsel PASSED, APPROVED and ADOPTED BY THE CHULA VISTA REDEVELOPMENT CORPORATION, in CHULA VISTA, CALIFORNIA this 26th day of April, 2007, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Cheryl Cox Chairman ATTEST: Ann Hix Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, Ann Hix, Secretary to the Chula Vista Redevelopment Corporation of the City of Chula Vista, California, do hereby certify that the foregoing CVRC Resolution No. was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a regular meeting of the Chula Vista Redevelopment Corporation held on the 26'h day of April, 2007. Dated: April 26, 2007 Ann Hix Secretary 3dA FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT Public This FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT ("First Amendment") is entered into as of April 26, 2007 ("Date of First Amendment") by and between the CHULA VISTA REDEVELOPMENT CORPORATION, a California nonprofit public benefit corporation ("CVRC), on behalf of and for the Chula Vista Redevelopment Agency, a public body corporate and politic ("RDN'), and PUBLIC, a California General Partnership ("Developer"). WHEREAS, it is the role and responsibility of the CVRC to promote economic vitality, create market confidence, encourage environmental health and remediation, create public benefits and amenities, and facilitat~ the development, reconstruction, and rehabilitation of residential, commercial, industrial, and retail uses; and WHEREAS, on May 11, 2006, the Redevelopment Agency and the Developer entered into an Exclusive Negotiating Agreement ("ENA"); and WHEREAS, Section 2A of the ENA outlines an initial negotiation period ("Initial Negotiation Period") between the Agency and Developer of 300 days. This Initial Negotiation Period expired on March 7, 2007; and WHEREAS, Section 28 of the ENA authorizes the Executive Director, in his sole discretion, to provide a written administrative extension of the Agreement; and WHEREAS, on March 5, 2007, a 90-day written, administrative extension ("Extended Negotiation Period") was proposed by the Executive Director and agreed to by the Developer, establishing an Extended Negotiation Period from March 7,2007 to June 5, 2007; and WHEREAS, the ENA relates to development of a residential project known as Church Avenue and Madrona Street Northwest in the Town Centre I Redevelopment Project Area. The subject property consists of two parcels located along the western side of Church Avenue at Madrona Street (Assessor's Parcel Number 568-351-04-00 and 568-351-05-00) and totals approximately 8,795 square feet in area; and WHEREAS, the Developer has in good faith completed significant predevelopment tasks; and WHEREAS, the Developer desires to continue to work cooperatively with the CVRC in the development of a mixed-use project; and WHEREAS, it is in the interest of the CVRC to execute and enter into a First Amendment to the ENA with Developer for the proposed development site; and WHEREAS, approval of the First Amendment to the ENA is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the State CEQA Guidelines; and NOW THEREFORE, in consideration of the recitals and mutual obligations of the parties herein, the CVRC and Developer agree as follows: 1. The fourth Recital is hereby amended as follows: 3d3 Signature Page To First Amendment To Exclusive Negotiating Agreement IN WITNESS WHEREOF the parties hereto have executed this First Amendment to the Exclusive Negotiating Agreement as of the date set forth above, thereby indicating the consent of the principals. CHULA VISTA REDEVELOPMENT CORPORATION PUBLIC By: By: Cheryl Cox Chair James Brown Principal Date: Date: APPROVED AS TO FORM: By: Ann Moore General Counsel James Gates Principal By: Date: Date: ATTEST: Susan Bigelow City Clerk 3dl! PUBLIC REVISED EXHIBIT "B" Exclusive Negotiating Agreement Revised Timeline MilESTONE DESCRIPTION Within 30 Days of First ENA Amendment Initial Pro Forma Submit initial pro forma for the proposed development. Project Development Submit projected construction schedule for the proposed development. Schedule Due Diligence Provide written determination of property's physical suitability for development, taking into account relevant regulatory and environmental conditions. Full Project Submittal Submit site plans and elevations based on pre-design review with staff and public input received at RAC Meeting #1. Submit all relevant applications and fees. Within &0 Days of First ENA Amendment 1 st Plan Review Staff reviews plans for compliance with applicable codes and regulations; letter prepared by Project Manager summarizing staff comments is sent to developer. RAC Meeting #2 Present revised development plans to the RAC, responding to previous comments from the RAC and staff. Within 30 Days of RAC Meeting #2 Revised Site Plans and Submit revised site plans and elevations. Elevations 2nd Plan Review Staff reviews plans for compliance with applicable codes and regulations; letter prepared by Project Manager summarizing staff comments is sent to developer. Revised Proforma and Submit refined proforma and development schedule based on revised site plans and Development elevations. Schedule Development Partners Submit letter identifying investment partners. and Structure Funding Partners and Submit letter identifying lenders and proof of ability to obtain financing. Structure CVRC Preview Present revised site plans and elevations to the Chula Vista Redevelopment Corporation ("CVRC"), responding to previous comments from the RAC and staff, and providing a preliminary overview of proforma, construction schedule and market study. Within 100 Days of RAC Meeting #2 Draft DDA Complete negotiations and draft Disposition and Development Agreement. Final Revisions Finalize revisions to development proposal and all relevant materials, based on CVRC comments. CVRC Hearing Present development proposal and DDNOPA for review and consideration. CVRC adopts advisory recommendations for Agency andlor Council consideration. Within 30 Days of CVRe Hearing Redevelopment Present development proposal and DDNOPA to Agency andlor Council for final Agency I City Council review and approval. Hearing 3J!J p I ann ng & Building Planni ng Division Department Development Processing CTIY OF CHUIA VlSfA 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 all 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 fallowing 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. Jou'Vl..es Brow", J<'\W1.-e5 ~f.-,.5 J:5~J ~"" t-c=.V'DIro b"k,> 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment In the business (corporation/partnership) entity. Jti> .:r",~~ B...."1IIfr1 :7"",,",,$ <C-ks 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. ? 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. 1>1 i~ P.../v~o 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-L ;r If Yes, briefly describe the nature of the financial interest the officia'" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No~ Yes _If yes, which Council member? 2i6 Fourth Avenue Chula Vista I California 3d~ 91910 (6191691.5101 p I ann n g & Building Planning Division Department Development Processing em Of CHUIA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official"" of the City of Chula Vista in lhe past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No~ If Yes, which official"" and what was the nature of item provided? Date: -'1-11'1'1 SignatUla~ctor/APPlicant J"l""-'!-:l 13::. E,,--.wl') type name of Contractor/Applicant Print or Person is defined as: any individual, firm, co-partnership, joinl venture, association, social club, fratemal 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. Official 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 (hula Vista I California ,3 cJ 1 91910 (619) 691-5101 . .. CORPORATION CHULA VISTA ApPLICATION Name Residence Address City ~_Zip Home phone Business phone Present employer ......___._~_..__.__ Position Please check the field( s) in which you have professional preparation or expertise: Architecture Environmental Planning ~ Rea! Estate Development _ Finance Education Urban Planning _____ Science Environmental Law Civil Engineering_ Business Urban Development _ Urban Design_ Do you currentiy serve on a Chuia Vista Board, Committee or Commission? Yes No Tfyes, which one(s)? On a senarate sheet ofnaner, nlease resDond TO The following 1n 250 \~Iords or jess. 1 . . ." . - ,-' l) Please describe the experience or special knowledge that you bring to this position? 2) What do you hope to accomplish in the role of a CVRC Director? I am familiar with the responsibilities of the Board(s), Commission(s), or committee(s) on which 1 wish to serve. By submitting this application, I hereby attest that the above information is accurate. Signature Date Applications should be submitted to the City Clerk's Office. 4-/