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Home My WebLink About2007/08/23 Agenda Packet .. .. REDEVELOPMENT CORPORATION CHULA VISTA BOARD OF DIRECTORS Chris lewis, Chair Paul Desrochers, Vice Chair Rafael Munoz Doug Paul Hector Reyes Christopher Rooney Salvador Salas, Jr. OFFICERS David Garcia, CEO Maria Kachadoorian, CFO Ann Moore, General Counsel Ann Hix, Secretary AGENDA REGULAR MEETING OF THE CHULA VISTA REDEVELOPMENT CORPORATION (CVRC) Thursday, August 23, 2007, 6:00 p.m. COUNCIL CHAMBERS 276 FOURTH AVENUE CHULA VISTA, CA 91910 CALL TO ORDER ROLL CALL Directors Desrochers, Lewis, Munoz, Paul, Reyes, Rooney, Salas PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE PUBLIC COMMENTS Persons speaking during Public Comments may address the CVRC on any subiect matter within the CVRC's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the CVRC from taking action on any issue not included on the agenda, but, if appropriate, the CVRC may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. 1. WRITTEN COMMUNICATIONS A. Memorandum from Christopher Rooney requesting an excused absence from the CVRC meeting of August 9, 2007. Staff Recommendation: That the CVRC excuse the absence. B. Memorandum from Salvador Salas requesting an excused absence from the CVRC meeting of August 9,2007 Staff Recommendation: That the CVRC excuse the absence. PUBLIC HEARINGS The (ollowing items(s) have been advertised as public hearings as required by law. I( you wish to speak on any item, please (ill out a "Request to Speak" (orm (available in the lobby) and submit it to the Clerk prior to the meeting. 2. PUBLIC HEARING TO CONSIDER DESIGN REVIEW APPLICATION DRC-07-o2 FOR THE CONSTRUCTION OF A 24,585-SQUARE FOOT INDUSTRIAL BUILDING WITH A 2,OOO-SQUARE FOOT ADMINISTRATIVE OFFICE AND ASSOCIATED SITE IMPROVEMENTS AT 144 27TH STREET IN THE SOUTHWEST PART OF CHULA VISTA The proposed project consists of the construction of a 24,585-square foot multi-tenant industrial building with a 2,OOO-square foot administrative office and other site improvements at the site located at the northwest corner of 27th Street and Faivre Street. The proposed project concept plans are being presented to the Chula Vista Redevelopment Corporation for consideration and final approval. Staff Recommendation: That the CVRC adopt the foJ/owing resolution approving Design Review (ORC-Ol- 02), subject to the conditions of Exhibit B attached to the CVRC Resolution. A. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING DESIGN REVIEW PERMIT (DRC-07-o2) FOR THE CONSTRUCTION OF A 24,585-SQUARE FOOT INDUSTRIAL BUILDING WITH A 2,OOO-SQUARE FOOT ADMINISTRATIVE OFFICE AND THE ASSOCIATED SITE IMPROVEMENTS AT 144 27TH STREET IN THE CITY OF CHULA VISTA 3. PUBLIC HEARING TO CONSIDER ZAV-07-08 AND DRC-07-04, BUILDING AT 868 STELLA STREET Small warehouse/office building on a 4,260 sq. ft. site located at the northwest corner of Stella Street and the Palomar Street on-ramp to Interstate 5. The project will include a two-story concrete block building providing three parking spaces and trash storage on the ground floor and 2,064 sq. ft. of office and warehousing on the second. Staff Recommendation: That the CVRC adopt the following resolution: A. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING DESIGN REVIEW PERMIT (DRC-07-04) TO AllOW THE CONSTRUCTION OF A TWO-STORY WAREHOUSE/OFFICE BUILDING ON THE SITE LOCATED AT 868 STELLA STREET AND APPROVING A Page 2 of 4 CVRC - Agenda - 08/23/07 VARIANCE (ZAV-07-08) TO PERMIT A 15-FOOT ENCROACHMENT INTO THE FRONT YARD SETBACK. ACTION ITEMS 4. CONSIDERATION OF TWO EXCLUSIVE NEGOTIATING AGREEMENTS FOR SITES WITHIN TH~ TOWN nNTR~ I R~mVHOPM~NT AR~A Staff is proposing two Exclusive Negotiating Agreements (ENAs) for review and consideration by the CVRe. Although these are considered "new" ENAs in the Third Avenue area, staff has been working closely with these developers during the past two years, examining potential development sites in the Third Avenue Village as the Urban Core Specific Plan (UCSP) was in process. Each developer previously had ENAs for other development sites on City/Chula Vista Redevelopment Agency ("Agency")-owned parking lots. The details of those ENAs and why the ENAs are being proposed for different sites are described in this report. Staff Recommendation: That the CVRC adopt the following resolution: A. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH CITYMARK COMMUNITIES LLC FOR CITY-OWNED PROPERTY LOCATED ON THE NORTHEAST CORNER OF LANDIS AVENUE AND DAVIDSON STREET Staff Recommendation: That the CVRC adopt the following resolution: B. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH VOYAGE, LLC FOR DEVELOPMENT OF THE CHURCH AVENUE AND DAVIDSON STREET NORTHWEST SITE 5. CHIEF EXECUTIVE OFFICER'S REPORTS A. UPDATE ON CURRENT REDEVELOPMENT ACTIVITIES B. SEPTEMBER 4,2007 JOINT WORKSHOP WITH THE CITY COUNCIL AND THE CVRC 6. CHAIRMAN'S REPORTS A. SUBCOMMITTEE REPORT ON THE SWEETWATER UNION HIGH SCHOOL DISTRICT ASSET UTILIZATION PROJECT Page 3 of 4 CYRC - Agenda - 08/23/07 7. DIRECTORS' COMMENTS ADJOURNMENT The Chula Vista Redevelopment Corporation will adjourn to a Special Meeting on September 4,2007 at 6:00 p.m. In compliance with the AMERICANS WITH DISABILITIES ACT The Chula Vista Redevelopment Corporation requests individuals who require special accommodations to access, attend, and/or participate in a eVRe meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the Community Development Department for specific information at (619) 691- 5047, or Telecommunications Devices for the Deaf (TOO) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 4 of 4 CVRC - Agenda - 08/23/07 COMMUNITY DEVELOPMENT L A::A;T;:::.O \ carrierjohnson architedureforurbdnen'Jironments ~. -'''-'' August 8, 2007 Chula Vista Redevelopment Corporation 276 Fourth Avenue Chula Vista, CA 91910 Sirs, I would like to request an excused absence from the CVRC board meeting of August 9th 2007. I will be on vacation until August 11 tho Thank you for your Attention to this matter. Sincerely, f.!fj:::!!:J- IA gordoll r. can;er I michael CjOllllSOn I franka. wolden 1301 third avenue san diego ca 92101 I phone 619.239.2353 I fax 619.239.6227 I www,carrierjohnson.com AUG-16-2007 THU 05:23 PM World Savings FAX NO, 619 476 3547 August 15,2007 Chula Vista Redevelopment Corporation 276 Fourth Avenue Chula Vista, CA 91910 CVRC Board Members: I would like to request an excused absence from the August 9, 2007 CVRC board meeting due to illness. \ \) p, 02 ,. .. CVRC Board Staff Report - Page 1 Item No. 2 CORPORATION (HULA VISTA DATE: August 23, 2007 TO: CVRC Board Directors FROM: David R. Garda, Chief Executive Officer Scott Tulloch, Assistant City Manager I Ann Hix, Acting Community Development Director ~ Mary ladiana, Planning Manager~ Public Hearing to consider design review application DRC-07-o2 for the construction of a 24,585-square foot industrial building with a 2,000- square foot administrative office and associated site improvements at 144 27th Street in the southwest part of Chula Vista VIA: SUBJECT: Project Area: Merged Chula Vista Redevelopment Project Area Agreement: None Developer/Applicant: Frank and Sons Paving, Inc. Project Site: 144 27th Street Project Type: Design Review Permit Project Description: The proposed project consists of the construction of a 24,585- square foot multi-tenant industrial building with a 2,OOO-square foot administrative office and other site improvements at the site located at the northwest corner of 27th Street and Faivre Street. The proposed project concept plans are being presented to the Chula Vista Redevelopment Corporation for consideration and final approval. BACKGROUND Several years ago, Frank and Sons Paving, Inc. (Applicant) purchased the site at 144 27th Street in the southwest part of Chula Vista as a way to expand its paving business operations. The site is currently undeveloped, except for the existence of a concrete slab over the majority of the site and two carports, and it has been used in the past for a variety 2-\ Staff Report - Item No. 2 August 23, 2007 Page 2 of industriallcommercial activities. The Applicant currently uses the site for the storage of construction equipment associated with the paving business activities. On July 12, 2006, the Applicant submitted to the City a design review application and concept plans for the full improvement of the site. This report describes the proposed project, provides an analysis of the project in relation to City regulations, and provides a staff recommendation. ENVIRONMENTAL DETERMINATION The proposed application has been reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that it qualifies for a Class 32 categorical exemption pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMEN DATION That the Chula Vista Redevelopment Corporation adopt a resolution approving Design Review (DRC-07-02), subject to the conditions of Exhibit B attached to the CVRC Resolution. BOARDS/COMMISSIONS RECOMMEN DA TIONS The proposed project plans were presented to the Redevelopment Advisory Committee (RAC) for their review and public input at the meeting of October 12, 2006. While the RAC members considered that the construction of the proposed industrial building would be an improvement for the area, they expressed a number of concerns related to the site and building layout and requested that the applicant consider incorporating some design changes in addition to circulation modifications requested by city staff. Revised plans were submitted on April 30, 2007 and, following further review by city staff, the project was presented for a second and final RAC review on July 7, 2007. At this meeting, the RAC members found the project plans satisfactory and recommended that they be forwarded to the CVRC for consideration, subject to the following conditions: 1. Provide a trellis roof over the trash enclosures; and 2. Incorporate parapet walls to the buildings located at the property line. These design recommendations have been incorporated into the project design and/or conditions of approval. ;-~ Staff Report - Item No. ~ August 23, 2007 Page 3 DECISION MAKER CONFLICTS Staff has reviewed the property holdings of the CVRC Board and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. DISCUSSION Site and Surrounding land Use Designations The subject property consists of two lots totaling 2.2 acres located at the northwest corner of Faivre Street and 27th Street, south of Main Street, north of the Otay River Valley, and west of Broadway (see attached locator map). The majority of the site is currently covered with a concrete slab and some unimproved areas. The site lacks standard improvements, such as sidewalks, curbs, gutters and streets cape along 27th Street and Faivre Street. The project site is zoned Light Industrial (I-L) and has a General Plan land use designation of limited Industrial. The uses proposed by the Applicant are permitted uses in the I-l zone. Existing uses adjacent to the subject site are the following: General Plan Desilmation Zonin" Desi"nation Existim! Uses Site Limited Industrial (ll) Limited Industrial Construction Precise Plan (lLP) equipment storage North Limited Industrial (lL) Limited Industrial Mixed industrial Precise Plan (lLP) uses/open storage uses/office building East Limited Industrial (ll) Commercial Vacant lot/produce Thoroughfare market/parking lot Precise Plan (CTP) South Limited Industrial (lL) Limited Industrial Mixed industrial Precise Plan (lLP) uses/open storage uses West Limited Industrial (ll) Limited Industrial Mixed industrial Precise Plan (llP) uses/open storage uses Project Description The project proposes the construction of a new 24,585-square foot concrete shell building for use as light manufacturing and limited warehousing space (see attached project concept plans). The building will be divided into 11 suites, each with an approximate area of 2,200 square feet that would be occupied by individual tenants. The building will also include a 2,000-square foot mezzanine to serve as administrative office space for Frank 1-::) Staff Report - Item No. ~ August 23, 2007 Page 4 and Sons Paving, Inc. The building structure is centrally located on the site and is surrounded by parking and a driveway aisle. The northeast corner of the site (approximately 22,669 square feet) would be used for parking and storage of trucks and construction equipment associated with Frank and Sons Paving, Inc operations. Two existing carport structures located along the northern property line are proposed to be improved and relocated to the western property line of the site. The plans also show two sets of trash enclosures, which are located next to each of the entrance driveways. The proposed project includes the construction of the associated site improvements, such as access and circulation, parking, landscaping, and trash enclosures. Following is a brief description of these improvements. Access and Circulation The site has access from the two streets. The proposed site plan shows one driveway entrance on 27th Street and another on Faivre Street. The driveway on 27th Street is located close to the north property line and the driveway along Faivre Street is located near the west property line, putting both driveways at a significant distance from the intersection of 27th and Faivre Streets. The two driveway entrances are 30 feet wide and connect into a 24-foot driveway aisle that runs (in a U-shape) along the south, east and north parts of the site between the parking and the building. A rolling gate located on the north leg of the driveway aisle separates the equipment storage area from the rest of the site, and limits access only to traffic related to the paving and equipment storage area. A short driveway aisle is located on the north side of the building and provides access to parking located in that area of the site. Parking The proposed plans call for the construction of parking along the perimeter of the site and on the north side of the building. The total number of parking spaces provided is 72. Of these, 46 will be for the industrial tenants that will occupy the building and for the administrative office space; 17 spaces located along the north property line (west of the gate) will be for regular vehicles and 9 spaces (on the northwest side of the building) for large trucks associated with the paving and equipment storage use. The number of parking spaces provided (72 spaces) are more than the number required (54 spaces) by the Zoning Ordinance. 2-~ Staff Report - Item No. ~ August 23, 2007 Page 5 Landscaping A conceptual landscape plan was submitted with the application. The plan shows a well balanced combination of trees (palms, sycamores, magnolias, poplars, and coral trees), shrubs (New Zeland Flax, Bottlebrush, Honeysuckle, Indian Hawthorne, etc) and groundcovers (Trailing Gazania and Dwarf Fescue) that will be used to landscape the site. This landscape treatment is distributed around the perimeter of the site and around the building. A concrete block 6-foot wall (natural and gray color) will be located along the north and west property lines. The two main functions of proposed landscaping are to beautify the site and to screen the parking areas from public view, particularly the truck and equipment storage area. The landscape plan shows approximately 11,500 square feet of landscaped area around the site. This represents approximately 12% of the site, which is consistent with the guidelines of the City's Landscape Manual. Final landscape and irrigation plans will be required to be reviewed and approved by the City Landscape Planner for compliance with the City Landscape Manual prior to issuance of building permits. Street Improvements As part of the development of the site, the Applicant will be required to consolidate the two lots that currently make up the 2.2-acre site, and dedicate approximately 19 feet along 27th Street and 16 feet along Faivre Street for street widening purposes. In addition, the Applicant will be required to construct the standard street improvements, such as sidewalks, curbs, gutters and missing street paving in front of the subject property on 27th and Faivre Streets. ANALYSIS Development Standards The proposed multi-tenant industrial building, with the administrative office space, as well as the proposed storage of construction equipment are permitted uses in the limited industrial zone. Thus, the uses are consistent with the land use designations of the General Plan and the Zoning Ordinance. The proposed plans were evaluated using the Limited Industrial zone (CVMC 19.44) development standards, as well as the guidelines of the City's Design and Landscape Manuals. The table below details the required development standards and the proposed project standards: ~-'S Staff Report - Item No. ~ August 23, 2007 Page 6 Assessor's Parcel Numbers: 622-140-29,35 Current Zoning IL-P Limited Industrial - Precise Plan General Plan IL Limited Industrial Site Area 2.2 acres Maximum Site Coverage Permitted 50% Proposed Building Coverage 25% of site DEVELOPMENT STANDARDS: REQUIRED PROPOSED Setbacks: Front Yard: 20 feet 57 Feet Exterior Side Yard: 15 feet 57 feet Rear Yard: 0 feet 92 feet Parking required (per CVMC 19.62.050): Parking provided: Wholesale/warehousing: 1/1000 sq. ft. ~ 25 Warehousing/office: 46 spaces Administrative office: 1/300 sq. ft. - 7 Truck/equipment storage: 26 spaces Truck/equipment storage: 1/1000 sq. ft. ~ 22 Total required: 54 spaces Total provided: 72 spaces Building height permitted: Proposed building height: Three and one-half stories or 45-feet Two stories or 35 feet Building Design The proposed building has a contemporary industrial design, using stained concrete tilt-up panels combined with metal siding. Steel canopies will be located above the entrances to the building suites and above the windows of the mezzanine. Rocky-gray standing-seam metal roofing will be used on the sloping structures. The proposed building height ranges from 20 feet to 35 feet. The mezzanine, located at the southeast corner of the building, would be approximately 14 feet above the main one story building. Proposed colors include blue tones with galvanized corrugated metal accents to match the roll-up doors and details at the suite entrances. Storefront systems will be composed of black aluminum and green-tinted glazing. The guidelines for industrial development in the City's Design Manual are intended to: Encourage projects which respect the character and scale of adjoining developments, with particular attention to sites in older, mixed-use areas, and sites which adjoin residential neighborhoods or other uses which may be particularly sensitive to the scale and impacts of industrial development. (CVDM p. IV-I). J.-~ Staff Report - Item No. ~ August 23, 2007 Page 7 The proposed building represents a significant improvement for the area, which is characterized by older, non-descript buildings that have been added without regard for order, function or appearance. The proposed new building is consistent with the character of an industrial area and the scale of existing buildings. The building style and use of materials, such as concrete panels, aluminum siding, and metal roll up doors, give the building an industrial look that is not dissimilar with the industrial character of the area. By creating height variations throughout the structure and keeping the building to two stories, the building stays within the scale of the surrounding structures. Promote a functional and attractive arrangement of buildings, open spaces, parking, circulation and loading areas which are sensitive to the physical characteristics and constraints of the site, and which provide efficient and pleasant places to work. (CVOM p. IV-I) The placement of the building in the center of the site and its relationship to parking creates a functional arrangement that provides appropriate access to the site and building by pedestrian and vehicular traffic. The positioning of the landscape materials around the site and around the building provide adequate screening of parked vehicles from public view and enhance the building's architecture. Create a high quality of architectural and landscape design, with an emphasis on functional needs, reducing the apparent mass of large scale buildings, and screening and buffering loading, storage and working areas from incompatible land uses and from the public view. (CVOM p. IV-I) The new industrial building provides a centrally located focal point for the site which does not currently exist. The existing condition is primarily concrete paving and dirt along the street frontage and interior of the lot. The new building would be designed with a variety of elements along its fa<;:ade that are well articulated and create interest. The roof articulation and height variety throughout the structure reduces the mass of a building. The use of perforated metal canopies above the building entryways and contrasting color combination and metal roofing provides a high quality architectural appearance. CONCLUSION Staff's review and analysis found that the proposed project would be consistent with the development standards of the Zoning Ordinance and the design guidelines of the City's Design and Landscape Manuals. Additionally, staff believes the proposed project is well designed and will be a high quality addition to the area. The project will contribute to removing blighting influences and improving the area. Therefore staff recommends 1.:-'\ Staff Report - Item No. -L August 23, 2007 Page 8 approval of the proposed project, subject to the conditions contained in Exhibit B of the CRVC resolution. FISCAL IMPACT The proposed project will create an increase in assessed valuation and the Redevelopment Agency will receive one percent of this increase as tax increment revenue. Of the one percent, the Agency will place 20% in the low and moderate income housing fund, and will give 20% to the County of San Diego, 7% to the Sweetwater Union High School District, 2% to Southwestern Community College, 1 % to the San Diego County Office of Education, and 11 % to the Chula Vista Elementary School District, leaving the Agency approximately 39% percent of the 1 % increase in assessed valuation available for redevelopment activities. These pass-through percentages are applicable to the Southwest Project area only. ATTACHMENTS 1 . Locator Map 2. Development Application with the following appendices: Appendix A - Project Description and Justification Appendix B - Disclosure Statement 3. Project Concept Plans PREPARED BY: Miguel Z. Tapia, Senior Community Development Specialist ~- 1> Attachment 1 F iVre 51 rJ DIIII,IT1 \J 'R!ECT LOCATION I Main St - '" .c ~ 1.-- -- ~ r C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT llEStlllPT1ON: '(9 AI'P\.ICAIre Frank & Sons Paving Inc. DESIGN REVIEW PROJECT 144 27th St. Project Summary: New mulll-lenant industrial building for light ADDRESS: manufacturing with one office. SCALE: ALE NUMBER: NORTH No Scale DRC-07-02 ReIatad casas: 15-07.OQl Attachment 2 I ann n g & B u I d g Department Planning Division CllY OF CHULA VlSfA APPLICATION · DEVELOPMENT PROCESSING . TYPE A Part 1 Type of Review Requested D Conditional Use Permit ~ Design Review D Variance D Special Use Permit (redevelopment area only) D Misc. STAFF USE ONly...... \) (\ , 0 q - 02- Case#: l.) \ "L.- Filing Da-;::r-t - J"2.- O(P By: L. 5+'1r\\II'j Assigned Planner: l<.. ~-1 ~ 0-.\+ Project Account:-0 L t1 Deposit Account d'3 sg Related Cases: lo - J) "::13(" o Z.A. l!.J Public Hearing Applicotion Information Applicant Name .I(~\L- Ar-1n ~S V'/><Vlt-le.", l.Jr" I Applicant Address \ () \ q \l-\-IlliG> ~ ~,. (l, \.\-J\./t><- \/ \~. (,--k '1 I "I \ \ Contact Name A!v\ C.AA "~J6'7_Phone (O\C1: U."7/7~ . 8"h'"'2.-z...- Applicant's Interest in Property (If app~nt is not the owner, the owner's authorization signature at the end of this form is required to process this request.) )LI Own 0 Rent 0 Other: Architect/Agent: ~~r~== Address:fl:,\~ -:~ ~e- )4.0.. C-b-) ti"Z.-lO( Contact Name: \;::::~~~_ __ Phone: (o_.~~e.l x.11\- Primary contact is: D Applicant J2!' Architectl Agent Email of primary contact: 'P-1Zl>n!2. v...'F~ QIo<tlu ~""'~/.C..a:> \ General Project Description (all types] Project Name: "~rY.\J.n/ '^ v\it\ -I~ l\J~V<\r 'hh~~ooosed Use: \J\J!V\~~ / I\JD\~~U:;- General Description of Proposed Project: CDV\c.. -t1 v1'" \)1;) "b~A/ ~U\ \/rHWId ",\1 ~lr~ l>J\.1V. a,\ ~\'-- . Has this project received pre-application review comments? DNa Subject Property Informotion (all types) Location/Street Address: 11.!4 '2..1nt ?fl. I C.\lrtivb V~ I a.f-c- (0"2. 'Z.. I '-to '2.."1 00 :z. .., tp!"\\\ N"1il'1\ Assessor's Parcel #:r,? ~ 1'10 '!.;"';e:o Tolal Acreage: . <-- Redevelopment Area (if applicable): General Plan Designation: ',L- Zone Designation: ::r:. L- P Planned Community (if applicable): N J ~ I '1itf Current Land Use: L,\",- \ Wo ItJO~..- - ~~ Within Montgomery Specific Plan? Dyes r-- No ~~.~ ' Proposed Project (all types) Type of use proposed: 0 Residential D Commercial Landscape Coverage (% of lot): l-z..% , I;ii1lndUstrial D Other: Building Coverage (% allot): '2-S.(o% , <1..- - \ "() 276 Fourth Avenue ChuJa Vista California 91910 (619) 691-510t CIlYQf CHUIA VISTA Part 2 APPLICATION . DEVELOPMENT PROCESSING . TYPE A Residential Project Summary - 'N/A- Type of dwelling unit(s): Dwelling units: Number of Jots: PROPOSED EXISTING 1 Bedroom 2 Bedroom 3+ Bedroom TOTAL Minimum lot size: Average lot size: Density (DU/acre): Parking Spaces: Required by code: Provided: Type of parking (i . size; whether covered. etc,): Open space escription (acres each of private. common, and landscaping): Non-Residential Project Summary '2<.f,<3e5 7'''f'. "+'" ?-,-""F- Men. , Gross floor area: Proposed: Existing: \1/ A- Building Height:"3'l!, ~ Hours of operation (days & hours): 8 -c:; "tV\. - 'F - \~.J~"""-"" 'P-- S~L-- Anticipated number of employees: (jJ Maximum number of employees at anyone time: -, Number and ages of students/children (if applicable): )J./):>.- Sealing capacity: Parking Spaces: Required by code: "b~ ..;::; ?o'...r\. Provided: LiD ~\)( \ ~ 1,.)1 \' C!.,,~ c.. - IJer co.) 6<Ui'D. , Type of parking (i:e. size; whether covered, etc.): Authorization Print applicant name: ~\?-l~t:i- ~\Cs~ APPlicantSignature~~ Print owner name'lO: }J\J\(APr' ~ ~c...l~,"~ \J~\.'PJ? _ Date: (p. \~'Ol.? Owner Signature': Date: *~Qte: Proof of ownership may be required. letter of consent may be provided in lieu of signature. '2- \ \ 276 Fourth Avenue Chu/a Vista Caljfornia 91910 (619) 691-5101 ~!~ -r- ~ - P I ann n g & Building Planning Division I Department Development Processing cm OF CHULA VISTA APPLICATION APPENDIX A Project Description & Justification prOjectName:~~\.lF11/ v..\^X\-~ \~D~ ~(o'). , , Applicant Name: Please fully describe the proposed project. any and all construction that may be accomplished as a result of approval of this project, and the project's benefits to yourself, the property, the neighborhood, and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet jf necessary. For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural Guide. 'tfu~ ~~ \~,\A/ (-",,",4'.\4\ I"""\""'" ~"W.I '2.!.\.)9>S"" l., r ~c., 4~1(... ~\\/DI-N~ t=<m- I he- l!f'"' v,.c.I.\T Y"i\.m.vJ'f"l. J L""", ~ ~1.l...us.E ~ ~. w,! p.. -zpcv 0 F \o.{\-ez..""Z~\."", &- -~c..R \),:.je-. n\e- ':"l'ttr \ ~ c"~~ 'Qw GQ J'<v-\ Y? ,"",. \ \ Be- ~1l\.'\Ul.O ~ <:-c.)'\ 1<Mn ~t7- &..... ~~-~:~ :;;;~:~~:~ ::~::; :;/~. ~ \Lr'r 'r,s.,VV 9>rr 07"6"00" ~ ~'?- ~ ~ ~\/y\_ e~\.h\(~, ~~ ~ 'l--S~\.....A ~~~ ?iDe,." ...h\"l/ 6-j~-e ~ ~ r:J61.0 ~~ ~ ~~ ~ <;s...... ~"'CS-~Q{'"- t~/\r".... "" ~ ~'O. 1"\\1"" ~"TIWc.-~ ...s-.\t \MflrvV.- ~ ~ t!i'?-,,-,^V \ . ~ ~ .M\ p,..~~.o-ef ~EV_I~'" ~ ~\\lJW' ~ kf\,~ ''=> ~\,\ ~ ~~ \l-V~ M~""'l ,^/N:lLlVIYv\.LC5\.!\ p~ ~~ 'Iwo 'BvI ~N'-'" --'\\.\1.<..., ..,-ro.v~. \~ It> ~'-\XJlT "\0 ..a)~cc- 't"\lr6- \ ' r r ~ n . I" \ y\ <:Of' '2.-1 '1:'rt .4 'f'M" {"\..€- , '2- - \ l...- 1276 F,ourth Avenue Chula Vista. I Calilorn". I' 9191,0 "./ (619) 691-5101 ~ If?. -~- ~ - p I ann n g & Building Planning Division I Department Development Processing ellY OF CHUIA VISfA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and 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: f 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. PMC-.lk V~\J'6""1.-- ~,..~,..... \!~I)6'7~ 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. ~/~ 3. If any person' identified pursuant to (1) above is a non-profit organization or trust, Iistthe names of any person seNing as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ~/k ( 4. Please identify every person, including any agents, employees, consultants, or tndependent contractors you have assigned to represent you before the City in this matter. ~(/k 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_ _~/Pr- . If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of mor~t,han $250 within the past tweive (12) months to a current member of the Chula Vista City Council? No _ Yes L'4 yes, which Council member? . t2 \Jov\ I ~\~ ~\) "1276 Fourth Avenue Chula Vista I... California I. 91910 1619) 691-5101 City Of Chula Vista Disclosure Statement - Page 2 7. M2VE you provided more than 5340 (or an item of equivalent value) to an official...." of the City of Chula Vista in the p2St TVv'elve (12) monthsT (This includes being a source of income, money to retire a legal debt, gift. loan. etc.) Yes_ NO-A . If Yes. which official" and what was the nature of item provided? l- )/ A- \ \6\"01 01. 1- Print or type name o(CoT}lfacto iApplicant Date: 1 \,,\ 0<( \ \ 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, Dr other political subdivision, -or any other group Dr 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. Ie ~--)~ 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 ~c).,. '~Hl~".~"OC~.I"~" 1 " "-HI "'~.'i'''''"',,"lj ~ 1 5,~'-"" '~-~-~~~j~~--T~~I~~-I-~~~f~~I~~:I~~,-ii'~C~'~~--f~~f:-1'~I~~I~~T~71~~~-~_~_I~----~-, I "'1"" r^"']' ~,,- "'"1"' T" \Jdj~~~~~^'"ig:r':-Jj'" i HI,. I~' "'--1, ~==%=~ /~/ / ~I' f L--_&~J~f----=~! G[/IT;;:'-" I :,1,,' ___ P'" 7~ \ if I V, ~ ~ \ ;,r",C:;-~-_-:-:-:-:-~-:-:-:-:-d'~~'_':':-:'j:j:< :1::':r;--'1 ,~' i ):!, ,:;~.,I..III,.~ID '01 I:j,~,~: ~~-~-; ,~~ I ~(- ~ "-1~7,1 l~ :~ !1~iE'h6:"'''' 't " ~ ~. , 'Q~~ ~I,/ / ~'-: / ; .I" .&.. APP.OX. n,669 5." . I I ' ~ i W i;L-L-iZZLJ C,~~".j ~I II' ~ '( ~ I }j: : I ! II ~=; 17 ~=; ~=; EB C'C ~ I Z~~i~ l: P"'~ IN~ II ~I \ ~, -~ ~1 ~, _, ';\' L_-' ' I L_-" ~~ ~IL ~-~~ --,---~-)J I 0,'... 'I.l.. I I . ',~I ~~ - - -~~ ~ i - ~~ -:~~~~~=-;---T---~~~---'---~;;---+----~-r I I I I I "il 1 r N n ~<'i ~., ~ I I m" :~ I +1~ I ," .... . I I,' I , !~~H! - I~ I :~ I f .~ '" " -, '~:;,.t 4 ',1 r '''1 Y". S~T e...c~ I I 28. "~ ;1 ..: i ,/ -'J !,(~ ~ I -----; I ~ '~" ~I "ie ~ 24 I -:=::l ( I II ~ , I : I W I ~. I ': I C'C L_-, C'C c.~ C C '-_.J C C c.~ " :'1 I / C C c.~ C C c.~ I I EEl I EEl I I EEl I I ~ec. , \~."':_~ L__' I , I I I I ~: -"- I I I I I I ~~, : ~ ~~~7 ~jt j , l'l.j. L__n --11 ' I . , ,~, " Ii I ,/:.t~ r, " ," 1 'I . .",.... , ..~" , . .',;' j . ~j. .,. - ":,', ":,~ '. ..J -~~-:-:....!.. - -,~:=-.;... " .. L_____ :r0fCrfl: , -:-.-:-, ~j~~ , ' J . '. ." - ~" ... . . . - ~~__-L:t-.-=~=_-~. I , < " /, FAIVRE AVENUE SITE PL.AN ------------------ 6=~~C-:tE 0' 5' 10' 20' I ~O' -........ ........ I CL-- ) 5 1',20'-0' b o , c j J [ I A e 28'.0" 8'-0" )2'00' )2"0' f- lU IU '" f- "' I f- "- '" I I :@ j D ICE'T1IIOTE& ~OTE.& ARE GE~EfW. - NOT ALL ITEM.& REFERENCED ON "KEET CD \0"2 iIIETAL ROLL UP DOORS OR .&ECTlONAL OVfR~EAD GLAZEO DOOR CL> STOREPRONT STSTEiII CD ~7STLDOOR CD 6'HIGHCKAIN L]N~FENCE a:) 6'H1G1-l Pli.E CAST CONCRETE TRASH ENCLOSURE SEE GENEftAL NOTEf2 a::> ACCESSle.LE PAR~ING STALL G:> ACCESSle.LE PATH Of TRAVEL CD LANOSCAPE AREA' SEE L'2FORDETAII.EDINfDRMATION CD S'CONCRETECURe aD EXISTING STDRAGE LDT CD ASP~ALTCONCRETE OL> ACCESS ROLL GATE-SEE PIRE DEPT NDTEm CJL) EXISTING P{lWER POLE TO REMAIN CEJ EXISTING STRIJCTURE TO e.E REiIIOVEO CJ[) NEW FIRE ~TDRANT LOCATION - SEE FIRE DEPT NO"-1" f~ ~ 10 OD ELECTRICALROOill CD I"IRE R[SER II"IRE CONTROL ROOill LOCATION OD FUTURE ELEVATOR LOCATION OL> SULlGHTSAe.OVE G[) RESTROOM CE) NEW CURe & GUTTER (ill NOT USED GD NOTlISEO CID NOT lISED C1D DECORATIVE PAVEMENT ~ SITELIGHTlNG-12FTPOLEWISINGL1"HEAOUON SEE ELEVATIONIS1"CTION EIAlO <E.> NEW Ct.lU WALL WI DEEPENEO FOOTING. SEE GENERAL NDTEf~ ~MAR(EOfIRELANEPERCVfDPOLiCT aD ~Noxeox LOCATION G2J FIRE EXTINGHISHER - SEE fIRE DEPT NOTE f1l ~ WALL MOUNTED LIGHT fiXTURE - SEE SHEET A~,D ~E1NOTE ~~ PINI&H I ..."""',., 6) ~ToAc":P~N~R~~t.I METAL RODF, ATAS INTERNATlDNAL INC" @eDxeEAMALUMINLJr.ISlOING @ METALRDLL-UPDOOR,ARMOReRITEPOWDERCOAT,COLORRAL2DO} @) l,IfTAL RDLL-UP DOOR, ARhlORMITE POWDERCDAT, COLOR RAL 5015 CD PERFORATED METAL CANon, MCNICHOLS, 18 GA l' ~AD STAGGE~ED ROUND-FUNCH~D V 5TOR~FRCJ.NTFRAME,PFGINC.,DURANAR XL SILVER OR APPROVED EO @STOREFRONTGLAZING,PFGINC.,'CARIe.1A'FLOATGLASS @ :r:l~E~A~~~~~TE TILT PANELS, DAVIS CONCRETE COLORS, (i) CMU e.LOC~ SIn WALL, RCP e.LOC~, REGALSTONE 'NATURAL' 0) ~~~~~~C~,~II~~E~~,LL, RCP BLOC~, sPLITFACE 'CHARCOAL' OR @ iJ:~f~~A~J~m5P CONCRETE, DAVIS CONCRETE COLORS, I"!COJECT OAT A SITfARfA 95,8aOS,F,12,1ACRESI BUILDING A~EA TOTAL 2~,585 S,F. FOOTPRINT . 2,000 S,F.OFFICE Ae.OVE PARKING AREAS 50~ WARE~OUSE , 111000 SF ~D~ MANUFACTLmING , V800 S,F 10% OfFICE ,InDO S.F . 2,000 S.F. OFFICE Ae.OVE REQUIRED PARKING STALLS ~6 PARKING STALLS PftOVIDED INCLUOING ~ ACCESS[eLE STALLS Attachment 3 &HEET iIICEX AI.OSITfPLAN A2.0PRELlMINARTOFF:CELATOUT A~.O ELEVATIONS M.D ROOF PLAN A5.0 SECTION L.2 CONCEPTUAL LANDSCAPE PLAN 1 FRELIMINARTGRAD1NGFLAN GINRAI. NOTB& I ALL GROUND MOUNTED t.lEC~ANICAL EQUIPMENT SUCH AS UTILlLT METUS, eOXES AND BACf;;fLOW PREVENTfRS SHALL e.E PLACED OUT OF PUe.LlC VIEW OR SCREENED FRO" THE FueLiC VIEW BT LANDSCAPING 2 AS PART OF THE PERMIT FROCES5, APPLICANT SKALL ~EVELOP ANO SUeillIT A 'RECYCLlNG AND SOLlD WAST MANAGEMENT FLAN' TO THE CITT'S ENVIRON"ENTAL SERVICES PROGRA" MANAGER FOR REVIEW ANDAFPROVAL , PRIORTOIS5UANCEOfANTeUILOINGPERMITS,GRAOINGPLANS [N CONFORiIIANCE WITH THE CITY"!'> SUe.!IIVISION MANUAL, ANO A GRADING PERMIT WILL BE REQUIRED ~ A DEEPENED FOOTING IS REQUIRED AND WILL e.E PROVIDED FOR AT THE TIME OF GRADING PLAN AND eU1LO[NGPERM1TSUe.MITIAL, REVIEW ~ APPROVAL PIllE OEPAR'TMEIIIT NOTB& 1 ALLCONSTRUCTIONSHALLe.EINACCOROANCE2001fDITIONOF CALI"ORNIA FIRE AND e.UILDING CODE IEG,AREA,HEIGHT, STORlI~S, CONSTRUCTION T"l'FES, ADA, nEVATORS, SPECIAL REO eASEDUPllNOCC,iIIECHANICAL,ETC.1 2 THE FAR~ING LOT SHALL eE MARXDED AS A FIRE LANE PER CVFD POLlCT 3 F[RE FLOW FOR TH]S SITE S"ALL e.E ~.150 FOR ~ 1-l0URS IBASED UPONV-NR' H,585 SF. WID REOUCTIONSI ~ ALL NEW FIRE IiTORANTS WILL BE LOCATED B1 CVFD ~ OR 5 HYDRANTS MAT eE REQU]REO 5 F[RE FLOW ANALTSIS TO eE PROVIDED TO CVfO TO JlISTIFT THE LATERAL FIRE SfR'IICf FOR THE S[TE 8 UNDERGROUND FIRE SERVICE SHALLe.E [NSTALLED PER CIT"l'OF CHULA VISTA fIRE DEPARTMENT ANO OTAY WATER DI5Tl!IC7S STANOARDS 7. ApPLlCAeLE FlRE ALARt,l AND I OR FLOW SYSTEMS HALL BE INSTALLED THROUGHTOUT PER CVFD POLICIES AND NFpAn 8 FIRE SpR1N~LfR STSTEIIl SHALL e.E INSTALLED TKROUGHTOUT PER NFPA1} 9 FIRE spR]N~LER STSTEt.I SHALL e.E DESIGNED WITH A MINIMUM CRITERIA OF 451}000gpm 10,SHALLPfiOVlDEANFDClplVASSEMeLTPERCVf'DREOU[REMENTS 11 PROVIDE A M]N. RATED FIRE EXTlNGU]SHER [1A"10ecl PER 75FT OF nAVEL DISTANCE 11 NEW CONSTRUCTION SHALL COMPLT WITH THE CITY OF CHULA VISTA FIRE DEpARTl,lENT'S POLICT 291601 FOR ACCESS AND WATER 5UpPL1. IN ADDITION DEVnOPER SHALL PROVIDE A SIGNEDIOATEO AGREfMENTLETTER 1} ALL GATfS SKALL 61" pROVlOED WITH A ~NOX LOCK FOR FIRE DEPAUt,lENTACCESSAUTOt,lATICGATESSKALLe.EpROVIDED WITH AN OPTICOM STSTEM AND ~NOX ~E"T SWITCH. LOT COVERAGE & FAR TOTAL SITE 95,990 SF 11-2 ACRESI NEW e.LOG, FOOTPRINT, 2~,585 S,F 255% EXISTINGSKED 5765.F 6% TOTALe.LDGCDVERAGE 2ti,1%IMAX..5D%] LANDSCAPE 11,518<l&,F.12% FAVEMENT' 59,'102 S,F. til.e~ FAR. 16 .12CARS . 12,5 CARS .15CARS 39,5 pROPE~TT OWNE~ ALlC[AAND FRANCISCO VASOUEZ 1019 TIlIRO AVENUE CHULA'IISTA, CA 91911 OFFICE 619-~20-0618 LEGAL DESCRIPTION PREPARED FOR PARCEL LOCATED OFF OF 27TH sTREET,IN THE CIT"l' OF CHULAV ISTA, STATE DF CALIFORNlA, PER eoox 622, PAGE 14, ASSESSOR PARCEL NO 622-1~D-29-o0, LOT 4 EXTENDED ROAD, DOCUMENT NO. &+-2H58~ ANO PARCEL NO 621-140-'5-00, LOT ~ EXTENDED FEE "'ELOW 500 FT pOR AND EXTENDED NORTH }5D FT AND EAST ~gc6htRC~~~EI~;0;~ ~t:d~~~~to~Os~SO~fEG~ t6~~JN THE OFFICE OF THE COUNTT ASSESSOR PARCEL NO. APN f 6n-1~D-19-DO & 6n-l~D-~5-0D L.IiGliNl' pATI-IOF TRAVE'[ 4,T", ... +- PATH OF HAVEL SHALL NOT EXCEED A SLOPE GREATER T~AN I IN 20 ~INDICATESPATHOFTRAVEL FIRF APPARATII~ PATK OF TRAVfL .. IND]CATI:S NEW FIRE HTDRANT LOCATION SEE GENERAL NOTEf4&10 l. . l1li' '1;;:-''''':':; ~~J~:'i "',' t -...... ''!' ~~..! ;;'.:~7!". "'.'. ~.. . 'I I, ~:m..'* ~':':;':.\~I~~ ..L .."',..... .:.. ~ , . ..~:;~ .~'.;,: ._"".A.. '., :;1 . I~.' :. ..;J ':, - ill.,. ._ ... ilJE asl ~~'ie.r-:.~~ ~,_. ,10.. \ . ,f~,t~ __i:J:':';'~" I.'"'";' ,. "':5 it (.' pl ""''''WArWlIlrn ".~ 'f-':;'f.:!., an TENTH A VENLIO SAN DIECO, CA 92101 phone (619) 238-3811 fax (619) 238-0442 manOdavyarchitecture.com "-1 D'..,.,.....-."",",,,-""""1{D'" '.......,,...,"'"OO'.....""__Ol."'"'_ _,,"'''''' om "","",,1'. ""'...,_ <>If"ED."""'-'""""'<E><l......_n"....'"'- ...,~~""""","""""""""""",t..... Of"""OV'S,~.__""'''-...SHAll OE "",,,OY, ",...a.""", '."" 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TURf - MARATHON II DWARf FESCUE G OT I GAL 15 GAL 5 GAL 15 GAL 5 GAL ! 5 GAL (ON TRElLIS) I GAL I GAL I GAL 5 GAL 5 GAL 5 GAL 5 GAL 5 GAL 15 GAL 8' BTH 3G" BOX 24" BOX 24"BOX 24"BOX B' BT SOD GENERAL NOTES I. LANDSCAFE ARCHITECT AND CIVIL TO COORDINATE DEEFENED FOOTING LOCATIONS WHERE REQUIRED AT MIN, PLANTING AREAS. DEEFENED FOOTING DESIGN WILL BE PROVIDED FOR AT THE TIME OF GRADING PLAN AND BUILDING PERMIT SUBMITTAL, REVIEW AND AFPROVAL. HARE ASSOCIATES ,"^,,="""l'A-.c:tf"oCT lAND "'-"NNI~G ~ ,/I, """""5 AV~"U~ 5"" D'~GO_ CA 92' 'G G1912112.OC55 """~A@=;;>~ NET "'-""'52' F~ .t1TE\1l1lAV9f..E SANDECO.CA !12m! p/w>e 1619l2le-3atl lo~ C6l!1l.238-<1442 .....\'.,...H,~ ~ Z <( <<: u Z (9 ;0' .w Z en ~ 0 '> I --' <<: :;l -' ~ ::J to I ---l u ::> --' ,.: <( UJ ~ 0::: UJ '" l- f- N (/) en :;l I W f- 0 .... ::> z N " a ~ U) <( > REVISIONS: PAJPM:SleveHare DRAWN:KevanPotter SCALE: 1"-20' ISSUED: JUNE 25. 2D07 JOB NO: TrrLESHEET: CONCEPT PLAN SHEETNO. L - 20F b SHEETS W,O. II CVRC RESOLUTION NO. 2007- RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING DESIGN REVIEW PERMIT (DRC-07-02) FOR THE CONSTRUCTION OF A 24,585- SQUARE FOOT INDUSTRIAL BUILDING WITH A 2,000- SQUARE FOOT ADMINISTRATIVE OFFICE AND THE ASSOCIATED SITE IMPROVEMENTS AT 144 27TH STREET IN THE CITY OF CHULA VISTA WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 144 27th Street, Chula Vista; and WHEREAS, on July 12, 2006 a duly verified application for a Design Review Permit (DRC-07-02) was filed with the City of Chula Vista on behalf of Frank and Sons Paving, Inc. ("Applicant") to allow the construction of a 24,585-square foot industrial building with a 2,000- square foot administrative office and the associated site improvements at the 2.2-acre site located at 144 27th Street ("Project"); and WHEREAS, the application for the Design Review Permit (DRC-07-02) has been reviewed for compliance with the California Environmental Quality Act (CEQA) and based on this review the project qualifies for a Class 32 Categorical Exemption pursuant to Section 15332 (In-fill Development Projects) of ,the State CEQA Guidelines. Thus, no further environmental review is necessary; and WHEREAS, a hearing time and place was set by the ChuIa Vista Redevelopment Corporation ("CVRC") for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (I 0) days prior to the hearing; and WHEREAS, the ChuIa Vista Redevelopment Corporation held a duly noticed public hearing to consider said application at the time and place as advertised, namely August 23, 2007 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Chula Vista Redevelopment Corporation and said hearing was thereafter closed. WHEREAS, the Project is in conformance with the City of Chula Vista Design Manual, Landscape Manual and the requirements of the Zoning Ordinance and staff has developed Design Review Conditions, provided as Exhibit B, to ensure the Project is developed and maintained subject to certain criteria. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby find, determine, and resolve as follows: J-f\-\ CVRC Resolution 2007- Page 2 The Chula Vista Redevelopment Corporation does hereby find that the Project is in conformance with the City of Chula Vista Design Manual, Landscape Manual and the requirements of the Zoning Ordinance and hereby approves the Design Review Permit (DRC-07- 02), subject to conditions of Exhibit B. PRESENTED BY APPROVED AS TO FORM BY A""~/)t/ Secretary <}.-1\;- J-, EXHIBIT A F Me Sf rJ orrm CD o 'R!ECT LOCATION I Main St <n .c - ..... )..ft - ~ f C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRJP'I1ON: C9 ~ Frank & Sons Paving Inc. DESIGN REVIEW PROJECT 144 27th St. Project Summary: New multi-lenant industrial building for light ADDRESS: manufacturing with one ofIice. SCALE: FILE NUMBER: NORTH No Scale DRC-07-02 Related cases: 18-1)7.001 EXHIBIT B Design Review Conditions of Approval Multi-Tenant Industrial Building 144 27th Street The Chula Vista Redevelopment Corporation does hereby approve Design Review Permit DRC- 07-02 subject to the following conditions: COMMUNITY DEVELOPMENT DEPARTMENT I. The subject property shall be developed and maintained in substantial conformance with the approved application, plans, and color and material board, except as modified herein. 2. The proposed trash enclosures shall have a trellis roof that is consistent with the colors and materials of the rest of the enclosure. 3. Plans shall incorporate parapet walls on buildings/structures that are on the property line. 4. Applicant shall submit all exterior lighting plans, landscape and irrigation plans, solid waste and recycling plans for review and approval prior to the issuance of building permits. 5. All utility meters and closets shall be painted to match the colors of the building elevations or shall be screened appropriately from public view. 6. Identification signs shall be limited to those signs permitted by Section 19.60.400 and Section 19.60.410 of the Chula Vista Municipal Code (CVMC) and shall comply with the regulations stated therein. 7. A graffiti resistant treatment shall be specified for all wall and building surfaces and shall be noted on all building and wall plans prior to issuance of building permits. 8. The applicant/owner shall comply with all applicable federal, state, and local requirements, and in any case where it does not comply, this permit is subject to modification or revocation. 9. This permit shall become void and ineffective if not used or extended within one year from the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code. 10. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit to protect the public from a specific condition dangerous to its health or safety or both due to the project, which condition(s) the City shall impose after advance written notice to the permittee and after the City has given the permittee the right to be heard with regard thereto. However, the City in exercising this reserved right/condition, may not impose a substantial expense or deprive permittee of a substantial revenue source which the permittee cannot, in the normal operation of the use permitted, be expected to economically recover. II. The applicant shall and does hereby agree to indemnifY, protect, defend, and hold harmless the City, its Council members, officers, employees, agents, and representatives from and against all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising directly or indirectly from a) City's approval and issuance of this permit, b) City's approval or issuance of any 2~~4 EXHIBIT B Design Review Conditions of A~proval 144 27' Street Page 2 of 7 other permit or action, whether discretionary or non discretionary, in connection with the use contemplated herein, and without limitation, any and all liabilities arising from the operation of the facility. Applicant shall acknowledge their agreement to this provision by executing a copy of this permit where indicated below. The applicant's compliance with this provision is an express condition of this permit and this provision shall be binding on any and all of the applicant's successors and assigns. Applicant and/or Property Owner Signature PLANNING AND BUILDING DEPARTMENT CONDITIONS 12. All ground mounted utility appurtenances, such as transformers, AC condensers, etc., shall be located out of public view and adequately screened using a combination of concrete or masonry walls, grade contouring (berming), and landscaping to the satisfaction of the City. 13. Applicant shall provide grading plans with the submittal for building permits that shall contain on and off-site spot elevations and grading/drainage information. 14. Landscape Plans shall show and provide landscape drainage within required planter areas prior to the issuance of building permits. The Private Catch Basin design (C-2, Detail B) shall be replaced with a landscape drainage design prepared by the landscape architect. IS. Plans submitted for building permits shall contain a statement on the cover sheet indicating that this project will comply with Title 24 (2005 Energy Conservation and 2001 Disable Access Regulations). 16. The project shall comply with applicable codes and requirements, including but not limited to 2001 CBC, CFC, CMC, CPC, ADA, and 2004 CEC requirements. 17. Plans submitted for building permits shall specify Type of Construction, which shall be type V I hour fully sprinkled. Plans shall also identify rated corridors. 18. Applicant shall indicate on the plans the type of occupancy S- I or S-2/F -lor F -2, and the type of construction. 19. Applicant shall apply for and obtain separate permits for the trash enclosures, site lighting, and private water and sewer. 2.f\ - 5 EXHIBIT B Design Review Conditions of Approval 144 27th Street Page 3 of 7 ENGINEERING AND PUBLIC WORKS DEPARTMENT CONDITIONS 20. Plans shall incorporate, prior to the issuance of building permits, features to help meet NPDES Standards. These features shall maximize infiltration and minimize impervious land coverage while conveying storm water runoff. Examples of such design features include increased landscaping, grass swales, parking lot runoff into landscaped areas, roof runoff flowing into landscaped areas, etc. 2 I. The following fees shall be required based on the final building plans submitted: a) Sewer Connection and Capacity Fees b) Development Impact Fees c) Traffic Signal Fees 22. Additional deposits and fees in accordance with the City Subdivision Manual shall be required for the submittal of Grading Plans and Improvement Plans. 23. Grading plans in conformance with the City's Subdivision Manual and a grading permit will be required prior to issuance of any building permits. The grading plans shall be submitted to the Engineering Department upon the approval of the Design Review Permit, as follows: a) The grading plans shall be prepared by a registered civil engineer and approved by the City Engineer. b) A drainage study and geotechnical/soils study are required with the first submittal of grading plans. The drainage study shall calculate the pre-developed and post-developed flows and show how downstream properties and storm drain facilities are impacted. Design should incorporate detention of storm water runoff if required. c) The grading plans shall conform to the City Storm Water Management requirements. d) Any offsite work will require letters of permission from the property owner. 24. Applicant/property owner shall dedicate right-of-way along 27th Street and Faivre Street to meet Industrial Street standards. 25. Applicant shall build the segment of 27th Street and Faivre Street in front of the subject property to Industrial Street standards. 26. The applicant shall obtain construction permits from the Engineering Department to perform the following work in City's right-of-way. An approved construction permit is required prior to Engineering releasing the Building Permit: a. Sewer lateral connections to existing public utilities. The Public Works Operations Sewer Section will need to inspect any existing sewer laterals that are to remain to determine if they require replacement. 2-~- 'U EXHIBIT B Design Review Conditions of A~proval 14427' Street Page 4 of 7 b. Construction of non-monolithic curb, gutter, and sidewalk with proper transitions to existing conditions. Provide 4' landscaped parkway between curb and sidewalk to be maintained by the property owner. c. Installation of driveways meeting design standards as shown in Chula Vista standard detail CVCS-IA. d. All utilities serving the proposed project shall be underground. e. Installation of pedestrian ramps meeting ADA standards. f. Installation of a l50W HPSV street light per City Standards on the northeast comer of the intersection of Faivre and 27th Streets. g. Public improvements for both Faivre and 27th Streets will be shown on the improvement plans and bonded for, although the improvements may be done in two phases depending upon the vacation of 27th Street. 27. Any onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained from each building to the City maintained public facilities. 28. The applicant/property owner shall provide reciprocal easements for access, parking and drainage for each parcel of the site, unless the two parcels are consolidated. 29. The applicant shall complete the applicable Storm Water Compliance Forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. These forms shall be submitted with the grading plans. 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. Based on the Completion of the Storm Water Compliance Forms, the project may be required to submit a SWPPP and Water Quality Technical Report (WQTR) with the submittal of the grading plans. The following items shall be incorporated in the grading plans and related reports: a. Grading Plans: The applicant is required to implement Best Management Practices (BMPs) to prevent pollution of the storm water conveyance systems, both during and after construction. Permanent storm water requirements shall be incorporated into the project design, and shall be shown on the grading plans. Any construction and nonstructural BMPs requirements that carmot be shown graphically must be either noted or stapled on the plans. b. SWPPP and WQTR: Development of the project shall comply with all applicable regulations, established by the United States Environmental Protection Agency (USEPA) as set forth in 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 ofIntent (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 2..~-l EXHIBIT B Design Review Conditions of A~proval 14427' Street Page 5 of 7 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. c. WQTR: The applicant is required to identify storm water pollutants that are potentially generated at the facility, and propose Best Management Practices (BMPs) that will be implemented to prevent such pollutants from entering the storm drainage systems. The WQTR will be required to demonstrate compliance with requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Permits, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements, with the first submittal of grading/improvement plans, in accordance with the City's Manual. 30. Development of this project shall comply with all requirements of State Water Resources Control Board (SWRCB) NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity. In accordance with said Permit, a Storm Water Pollution Prevention Plan (SWPPP) and a Monitoring Program Plan shall be developed and implemented concurrent with the commencement of grading activities. The SWPPP shall specify both construction and post- construction structural and non-structural pollution prevention measures. The SWPPP shall also address operation and maintenance of post-construction pollution measures, including short-term and long-term funding sources and the party or parties that will be responsible for the implementation of said measures. A complete and accurate Notice-of-intent (NOI) must be filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a Nor has been received for this project shall be filed with the City of Chula Vista when received. Further, a copy of the completed Nor from the SWRCB showing the Permit Number for this project shall be filed with the City of Chula Vista when received. 31. Pursuant to NPDES Municipal Permit, Order No. 2001-01, the proposed project is considered a Priority Development Project and therefore subject to the requirements of the Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria. The applicant is require to complete the applicable forms (see City of Chula Vista's Development and Redevelopment Storm Water Management Requirements Manual) and comply with the Manual's requirements. 32. A Water Quality Technical Report is required to identify potential pollutants generated at the site during the post-development phase of the project and identify/propose appropriate structural and non-structural Best Management Practices (BMP's) to minimize discharge of such pollutants to the maximum extent practicable. 33. A hydrology study is required with the submittal of grading plans. Such study shall, in particular, demonstrate compliance with Section F.1.b.(2)(j) of the NPDES Municipal 1-ft-<f EXHIBITB Design Review Conditions of A~provaI 14427' Street Page 6 of 7 Permit, Order No.2001-01, that requires the control of peak storm water discharge rates and velocities in order to maintain or reduce pre-development downstream erosion and protect stream habitat. 34. The proposed industrial development may require coverage under the NPDES General Industrial Permit. The applicant shall contact San Diego Regional Water Quality Control Board for further information. 35. The applicant is required to implement Best Management Practices to prevent pollution of storm drainage systems during the demolition phase ofthe project. 36. The proposed on-site drainage system shall be shown on the plans. FIRE DEPARTMENT CONDITIONS 37. Applicant shall comply with all conditions of the Fire Department prior to the issuance of building permits. GENERAL SERVICES DEPARTMENT CONDITIONS 38. The applicant shall develop and submit a Recycling and Solid Waste Management Plan to the Environmental Services Program Manager for review and approval prior to the issuance of building permits. The Plan shall demonstrate those steps the Applicant will take to comply with Municipal Code, including but not limited to Sections 8.24, 8.25 and 19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste generated by all residential, commercial and industrial developments (including demolition and construction phases). 39. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phases of the project. 40. The applicant/property owner shall comply with the following and include language in all tenant lease agreements that if a tenant needs additional recycling services or trash service, beyond what is provided by the landlord in the enclosures, the tenants must make their own arrangements with the service provider and the containers need to be stored inside their respective units and only moved outside to the parking lot on service days. OTHER CONDITIONS Sweetwater Authority 41. Applicant/property owner shall submit a letter to the Authority from the appropriate fire agency, stating fire flow requirements, as well as a site plan, street improvement plans, irrigation plan, plumbing plan (showing total fixture-unit count), fire sprinkler plans and ?... ~- i EXHIBIT B Design Review Conditions of A~proval 14427' Street Page 7 of 7 calculations (if new services are required). All services should be clearly shown and within Authority standards. The applicant/property owner must have the fire department sign and approve the fire hydrant location, as shown on the plans, and provide a copy of it to the Authority. Based on these requirements, the Authority will determine if there is a need for new water systems or substantial alteration to the existing water system. The applicant/property owner will work with the City to determine if the existing water facilities are adequate to meet the added demands, prior to issuing a building permit. Please note that any new water services installed to serve the proposed project will require the installation of backflow prevention assemblies. In the event that a fire protection system is required for this project, the Authority will require installation of an approved Double Check Detector Check Backflow Assembly on that system. Water facilities cannot be located within three (3) feet of the edge of driveway aprons. If the applicant/owner provides the required fire flow information, and enter into an agreement for water facility improvements with the Authority, water service can be obtained at a pressure ranging from a maximum of 93 psi to a minimum of 83 psi. Chula Vista School Districts 42. Applicant shall comply with the conditions and requirements of the Chula Vista Elementary School District and the Sweetwater Union High School District. L'A-)D "'. ;,"'li Ii. CORPORATION CHULA VISTA CVRC Board Staff Report - Page 1 Item No. 3 DATE: August 23, 2007 TO: CVRC Board Directors FROM: David R. Garcia, Chief Executive Officer Scott Tulloch, Assistant City Manager 1"" Ann Hix, Acting Community Deve!~f/mbl}t Directorm\' Mary Ladiana, Planning Manager '{ ~ VIA: SUBJECT: Public Hearing to Consider ZAV-07-08 and DRC-07-04, Building at 868 Stella Street Project Area: Merged Chula Vista Redevelopment Project Area Developer: Angel Gonzalez Project Site: 868 Stella Street Project Type: Design Review and Variance Project Description: Small warehouse/office building on a 4,260 sq. ft. site located at the northwest corner of Stella Street and the Palomar Street on- ramp to Interstate 5. The project will include a two-story concrete block building providing three parking spaces and trash storage on the ground floor and 2,064 sq. ft. of office and warehousing on the second. INTRODUCTION The Design Review application for the warehouse/office building on a 0.09 acre triangular-shaped lot was submitted on July 20, 2006. Subsequently, it was determined that due to the small size and unusual shape of the subject property, a variance from the front yard setback requirement would be necessary to allow development of the site. A variance application for encroachment into the front yard setback was submitted on July 6, 2007. ~--\ Staff Report - Item No. ~ Page 2 ENVIRONMENTAL The proposed project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it was determined that the proposed project qualifies for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus no further environmental review is necessary. RECOMMEN DATION: That the Chula Vista Redevelopment Corporation adopt a resolution: 1) Approving Design Review (DRC-O 7-04), subject to the list of conditions in the CVRC Resolution; and 2) Approving Variance ZAV-07-08. BOARDS/COMMISSIONS RECOMMEN DA TlONS At its meetings of March 1 and August 2, 2007, the Redevelopment Advisory Committee (RAC) reviewed and discussed the application for the proposed warehouse/office building at 868 Stella Street. On March 1 the RAC considered a number of issues with the proposed design of the building. The project was revised and resubmitted and on August 2, 2007, the RAC recommended that the structure was well-suited for the site and would be an improvement to the area. DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the CVRC Board and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. DISCUSSION: 1. Site Location and Surrounding Uses The 4,260 square foot property is located on the north side of Stella Street, immediately west of the on-ramp from Palomar Street to the 1-5 Freeway (see Attachment 1). The project site constitutes the area left over after the construction of the Palomar Street on- ramp to the 1-5 Freeway. Land uses adjacent to the project site include the on-ramp to the east, vacant land to the north, a marine and industrial parts warehouse to the south, and a single-family residence to the west. 3-1..- Staff Report - Item No. 3 Page 3 2. Project Description The proposed project consists of a two-story concrete block building, with the ground floor used for parking for three vehicles as well as the trash enclosure (See Attachment 3). The second floor consists of an office of 500 square feet and a 1030 square foot warehouse. The building is concrete block with a neutral tone of stucco and a three-foot base of rock veneer at each of the corners. The roof is standing seam metal in the shade of 'Bristol Blue', and there is extensive use of glazing on the second floor. The main driveway entrance is from Stella Street on the south side of the lot, while the point of the triangular-shaped lot is on the north side. Landscaping is provided along the front, as well as in the rear of the building and on the east side of the parcel. 3. Development Standards The development is in accordance with the following criteria: Assessor's Parcel No.: 622-011-23 Current Zoning M-52 - Limited Impact Industrial Proposed Zoning Same General Plan MUC - Mixed Use Commercial Building Coverage 48% Lot Area 4,260 square feet DEVELOPMENT STANDARDS: REQUIRED PROPOSED Setbacks (per M-52 zone) Front Yard: 60 feet (from ct of st.) 45 feet (from ct of st.) Side Yard: none none Rear Yard: 15 feet 46 feet Parking (per CVMC 19.62.050) Manuf. (1/800sf) 3 spaces 3 spaces 3-~ Staff Report - Item No. ~ Page 4 4. Analysis The project has been evaluated in accordance with the goals and objectives of the Chula Vista General Plan (2005), the Zoning Ordinance and the City's Design Manual. While the project site is within the Merged Redevelopment Project Area, the Amended and Restated Redevelopment Plan (2004) for this Project Area defers to the City's General Plan and Zoning Ordinance for land use authority. As described above the proposed project is consistent with the land use designation in the General Plan and the development standards for the zone, with the exception of the front yard setback. The proposed project is in an area of the City in which many of the original County zoning standards still apply. In this case, the required front yard setback is 60 feet from the centerline of the street, a distance far greater than both similar properties throughout the City and other sites in that area. The guidelines for industrial development in the City's Design Manual are intended to: Encourage projects which respect the character and scale of adjoining developments, with particular attention to sites in older, mixed-use areas, and sites which adjoin residential neighborhoods... (CVDM p. IV-I) This building is sensitive to the scale of the residential development to the west. By maintaining a height not dissimilar to most residential development, as well as concealing the parking spaces within the ground floor of this building, the overall project is harmonious with surrounding structures. Create a high quality of architectural and landscape design, with an emphasis on functional needs...and buffering loading, storage and working areas from incompatible land uses and from the public view. (CVDM p. IV- I) The site plan is appropriate for the parcel and provides loading and utility areas (including the trash enclosure) concealed below the building. Building setbacks should be proportionate to the scale of the structures and considerate of existing development. (CVDM p. IV-3) By approving a Variance and providing a front yard setback of only 45 feet from the centerline of Stella Street, the structure will match the setback provided for the residence immediately to the west of this parcel, as well as several of the neighboring properties. 3- '\ Staff Report - Item No. ---.L Page 5 VARIANCE FINDINGS Pursuant to the provisions of Section 19.14.030.B of the Chula Vista Municipal Code, it is recommended that the CVRC conditionally approve a variance to encroach 15 feet into the front yard setback, based upon the following findings of facts as required by CVMC Section 19.14.190: That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family or financial difficulties; loss of prospective profits; and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits; This parcel is only 4,260 square feet, which is between 2,000 and 3,000 square feet smaller than similar properties throughout the city. Due to the irregular shape and location of the site, the proposed use will also require a variance for a reduction in the front yard setback from 60 feet to 45 feet, measured from the centerline of the street. The lot is unique in that it is much smaller than most lots in the area and very narrow in the rear, probably as a result of the construction of the 1-5 on-ramp. The street frontage of the parcel is approximately 74 feet and the width narrows to 0 feet at the rear. Since the depth of the lot is 122 feet, a 60 foot front yard setback would render nearly 55 percent of the parcel unusable. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. Front yard setbacks throughout the City are typically no greater than twenty feet, and all properties in the immediate vicinity have front setbacks much less than those required in this zone. An assessment of properties within 500 feet of the subject site indicates that on average their front yard setbacks are 56 feet. This parcel is further constrained by its very small size (0.09 acres) and irregular, triangular shape. Thus this variance will not constitute any special privilege not enjoyed by his neighbors. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this chapter or the public interest; ~-6" Staff Report - Item No. -L Page 6 Because this parcel is much smaller than other properties in the vicinity, this variance will allow a building that does not vary substantially from other buildings in the neighborhood. The three parking spaces placed beneath the second story are screened from the street and will provide an attractive fa<;;ade. Access to the site from Stella Street and the parking layout are appropriate for the site, given the lack of access points and site limitations. The proposal has a building lot coverage of 48%, although the M-52 zone has no minimum lot coverage requirements. That the authorizing of such variance will not adversely affect the general plan of the city or the adopted plan of any governmental agency. The authorizing of this variance will have no impact on the General Plan of the city or the adopted plan of any governmental agency. The proposed use is consistent with the General Plan and the M-52 zone, and all other development standards will be met. REDEVELOPMENT FISCAL IMPACT The proposed project will create an increase in assessed valuation and the Agency will receive one percent of this increase as tax increment revenue. Of the one percent, the Agency will place 20% in the low and moderate income housing fund, and will give 20% to the County of San Diego, 7% to the Sweetwater Union High School District, 2% to Southwestern Community College, 1 % to the San Diego County Office of Education, and 11 % to the Chula Vista Elementary School District, leaving the Agency approximately 39% percent of the 1 % increase in assessed valuation available for redevelopment activities. These pass-through percentages are applicable to the Southwest Project area only. ATTACHMENTS: Attachment 1 : Attachment 2: Attachment 3: locator Map Development Application with the following appendices: Appendix A - Project Description and Justification Appendix B - Disclosure Statement Site and Building Plans PREPARED BY: Ann Pease, Associate Planner 3-~~ LC) NORTl1 . B~,~J ~ \ ~ ~ 0 cTItJ ~ 2>-1 Attachment 1 Attachment 2 ~!{y -r- ~ - P I ann n g & B u I d n g Department Planning Division em OF CHULA VISTA APPLICATION · DEVELOPMENT PROCESSING . TYPE A Part 1 T o Conditional Use Permit ~ Design Review o Variance o Special Use Permit (rede o Misc. A Iication Information Applicant Name ~O~~ ~ Ii\.. Applicant Address ~c..~ t;o.~ qr. Contact Name ~O~ ~ tQ.\\.A Phone c..v ~ ~W::\\\ 't. ~'\C'I - \~ c:=t '2.. Appliq.mt's Interest in Property Of applicant is not the owner, the owner's authorization signature at the end of this form is required to process this request.) ii10wn 0 Rent 0 Other: Architect/Agent: .k:.~ "'2JWM~' A. Address: Contact Name: ..1o'US Phone: 'Z 10\ ~ \ "\ 9 'Z.. Primary contact is: 0 Applicant is' Architect! Agent Email of primary contact: General Project Description (all types) Project Name: c::i0l....~~ 2"Z. 6\....CIc:j. General Description or Proposed Project: 11'&.J-r ftcor lC.l4C l.JAltl! "0' '1 '€ wi oFFIJ:.1I!/ Prooosed Use: O...,~It:\t.:)G. Olll'2IaI..."'i I ~..'""'"'O "~l!. Has this project received pre-application review commenrs? Yes (Date:) ONo Subject Property Information (all types) Location/Street Address: ac..~ '5:lT1!:l.A.4. 4c;'. Assessor's Parcel #: ~t 'l.~ 0\ \.. z.~ Total Acreage: .dt Redevelopment Area (ir applicable): S.1J General Plan Designation: ~ V C- Zone Designation: M'5 '2.. Planned Community (if applic:able): N I A. Current Land Use: ~ ~ 19 'Z Within Montgomery Specific Plan? 0Y."s 0 No . . ,.: ,.' ":',.: '.. Proposed Proi~ct{~ILtypesJ Type of use proposed: Landscape Coverage (% of lot): o R~sid'mtial 0 Commercial ~~ .~ Industrial 0 Other: . '. Building Coverage (% of lot): ~ ~ ~-"'" 3- <{. . 276 Four.th Ay~nu.!= . _./ Chu.l<~ Vjs~,~ -) .G~/jf.qPJ_ia 91910 (6]9) 69]-5101 form 320 Rev 5.03 .Pg_1/~ COY OF CHULA VISTA Part 2 APPLICATION · DEVELOPMENT PROCESSING . TYPE A Residential Praject Summary Type of dwelling unit(s): Dwelling units: Number of lots: PROPOSED EXISTING 1 Bedroom 2 Bedroom 3+ Bedroom TOTAL ~~ Maximum building heig . Minimum Jot size: Density (DU/acre): Parking Spaces: Required by code: Provided: Type of parking (i. Open spa escription (acres each of private, common, and landscaping): Average lot size: Non-Residential Project Summary Gross floor area: Proposed: Cl,o, -i.. Existing: Hours of operation (days & hours): s- ;. \J\. c-.. . "'1 F Building Height: ",Ip , Anticipated number of employees: Number and ages of students/children (if applicable): Parking Spaces: Maximum number of employees at anyone time: y.,) } 0 . Seating capacity: Required by code: Provided: Type of parking (i.e. size; whether covered, etc.): ", . ~ ~ \?.<::l~\L.ItJC . Authorization ~ Print applicant name: Applicant Signature: ',-,: Prir!t 'owner name*': ~~ oWner Signature Date: 7~:<'D-() b *Note: Proof of ownership may be required. letter of consent may be provided in lieu of signature. ~.., 276 ,Fo,urth AVenue -' <::bulaYi,sta CaUfOJ:.o.ia ' I ,'9.al:~o',1 ~ .'LH9.l :69.1.5J01 Fonn 320 RevS.OJ ~Pg2/2__ ~(~ -~- .. -- P I ann n g & Building Planning Division I Department Development Processing em OF CHUlA VISTA APPLICATION APPENDIX A Project Description & Justification Project Name: C:::::;-QU~ez. ~ ~eL ' G10U16 \e"Z... Ct ~,15\.. Applicant Name; Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval of this project. and the project's benefits to yourself, the property, the neighborhood, and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural. Guide. _~~~)I5:O \,U~ "t'O' ~ <j l4l_cr~~ I.A J O~t=lClZ 0 "e:;tt- Y>AL\(..\~ , \l?1J~l4~ l..t~ LO', ~-( t:, I Tt::) W~ ~ r ~ 1~,,,-~n.T12\~ \aA"~. , CtO~~ ~ thJt1' '3 ?ro~ \,~ c..uf(\lo.~-r ~ 1.IMfm"'~. ~ Ej ~ \d .1 t.)"O -?J- \ 1) /276 _F9}.Uth. 6Y,en!1e ChJJI_a.y'i.:;ta,- --l.,G..aJJfPJ.n3(i -.-./ :919,1.0. I6JBL6.91"5hDl ~!~ -~- ~ - P I ann n g & Building Department Planning Division I Development Processing CflY OF CHUlA VISTA APPLICATION APPENDIX 8 Disclosure Statement Pursuant ta Cauncil Palicy 101-01, priar ta any actian upan matters that will require discretianary actian by the Cauncil, Planning Cammlssian and all ather .official badies .of the City, a statement .of disclasure .of certain .ownership .or financial interests, payments, .or campaign cantributians far a City .of Chula Vista electian must be filed. The fallawing infarmatian must be disclased: 1. List the names .of all persans having a financial interest in the property that is the subject .of the applicatian .or the cantract, e.g., .owner, applicant, contractar, subcantractar, material supplier. ~.-n...t.'Z- &~ SI.-. 2. If any persan" identified pursuant ta (1) abave is a carparatian .or partnership, list the names .of all individuals with a $2000 investment in the business (carparatian/partnership) entity. . 3. If any persan" identified pursuant ta (1) abave is a nan-profit arganizatian .or trust, Iisl"the names of any persan serving as directar .of the nan-profit arganizatian .or as trustee .or beneficiary .or trustar .of the trust. 4. Please identify every persan, including any agents, emplayees, cansultants, .or independent cantractars yau have assigned ta represent yau befare the City in this matter. 5. Has any persan" assaciated with this cantract .had any financial dealings with an .official" .of the City of Chula Vista as it relates ta this cantract within the past 12 manths. Yes_ Na_ If Yes, briefly describe the nature of the financial interest the .official" may have in this cantract. 6. Have yau ~adea~antri~uti:n afmare than $250 ~ithin the past twelve (12) manths ta a current member of the Chula Vista CityCaunciJ? Na ~ Yes _If yes, which Cauncil member? 3-\ \ 1276 FQ!lLth ",y<c~.u.L I. '."buLg,YJ-'.t.a-I.I::aJH.omJ. I, ,n9J 0 .1':(6J9)-b91-5.Wl ~!~ -t~ ,.. - p J ann n g & Building Department Planning Division I Development Processing CITY OF CHULA 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 the past twelve (12) months? (This includes being a source of income, money to retire a iegal debt, gift, loan, etc.) Yes No If Yes, which official" and what was the nature of item provided? e3?-;21J~,b Sigture~ant ~~~~~> l'type n m", f Contractor/Applicant Print or . Person is defined as; any individual, firm, co-partnership, joint venture, association, social dub, fraternal organization, corporation, estate, trust, r",ceiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any oth",r 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. .3~, \... 1276 F.oJJ:rth-.A.y'gn.lj~ cbul.. Vi'./a" I. ca1iJorn.i.al - 9.1.910 (6.1.9J b91-c5.1 01 PROJECT DATA ~ " [,\ I ' : \ I .. SCCff I ~w W,'rfrt?L;se W/ Or'flJ: over r~prj "~ A'77.X"'S 368:"lfLLA SffIEf c.~.u, ',ISO" CA,91'::1I ~I 6'2:'-011-2'5 ~~Cv\l.. rrS(~101J m1JE:f (.c~jZ"J..EZI'J,J(n 86851'l-LA :',fI'fEf C.....Jl.A kff\ (.t\0191i 201,1: OCCUfNICY r:t~c;nr-'C LOi'StZf M-"'2 S1-S!J \//1 ~,::;J(J:T SHEET iNDEX 1 ,I 'I ! \ \ 'I\;, \ \, -+-E-&. ;zn,c' \. \ ~;,'-o- 1 \,," , 0'-0" . ~'-c- J' -~~ri I '. I I i \ , I , .. I --I-- 1 '. i i I _b:<cjd'u \J ! I '------4 \ I 1 .' I' , 1 . -".,: '\1' 1\. I. .: = f::::::::j\i-4v" 1--"< , : \1. 0 d--~j \~---!';, : \'''1 I .'e I \ r'J, \, I ,- \, ,~ \;-t \ "I \ I \ -.cr Tr,i[;:.~,'I - - - - I -------->.,~~. ~~l ,-,' I FR;:':O~::~-+- J1, \\ \ fit ~, ,F""'"' , iJ(, 1 \ , ! :'-'., . L_.._.f[_..--._n_.._.._.._u-~-_n!~~-~L--.+--___EE-__~ I ll.,v' t I i I -".1 -:! ':.1 --------1 . I, -------------L_J >ir1 -,,--+- 17'-(1' ""{5t I 1.. ~n -"I I , , ~, r , ' I,j I', I:' 1 h : co\'ti( xu, ,I 'ill? r~N~ fLOtVftA/J ./.,? mVATlCMS A '1- mVNlOH5 A, '" LI'Jltr.A:APf;WUPfP',NI [ , r~OJECfSHAL.l WMF'LYf(l 2~)OI [Be. ::;rc. ::1,'(, c;c ::000;;. Er?11C~JCf Hi' UiIFORHiA[!l[.i(,Cm, 1lltf :::", CONSTRUCTION AREA WfAffA 4,760 Sf f 5'-~'~ , il 1 I !I -I i ~'-(l I 1 T- ! ,':Ii '0 E/,,~":-'G 57R...'GTURE , 'I , II I l ., Q! 0: 01 1 I I F'ARK..ING: 2> SPACES '''''; ~ F,e;, ,=,.:> I ';1 .,' ;<;i CO\iEl:'r~II-JC WAJ::tftJU';t ;,064']' ~11;':,fnOOf' "<::),.:1 I~'FL/'(if' 1C;,;;.l'f i ![ ror.'iAktJ, 2,064 'f ~OI :::O~"Aa 2.OC-1 51' ~ 4.260 "f. >18 ,'\ lAi.J~IXAJ-"E' 1,'&1 Sf % .C6QSf - :.3 % f'NVSC"l'e 1.077>* 1r.2t,O'f ~ ::'1 ;; PARKIII(. .,Sf'''a~ VICiNITY HAP ., \\C-'\r-; '1<.... 2-.)~'1Pp.;;r , ';-:!J .__.~--~' !I; "'~f':",!;~,.f' '^.If;,--,, ~ """ 'i \ -,,"_ ~~60~~till:St, 1_ -<, c...., rt.~~hUI" ..;st",CA 9'lYH ~i-~..~_:! h' '\ --I' ~,' - .....~ , ~ cr- '''1' """'s<' I..." ..~~ j;, >e. ,-,Sl", '\ \L'Oeaal_ ,J__~r: ~ \ ~-..:~;"'~~:...-t';;.,,~...,~ ,\...,~ ~ -- \~~~~ 2(;,>1 T -----'1' 'i'. :;;'!",,~::u~ i ',,! , ~i ; - - - -"<-- STEll A 5T - REET -----.. 3-\~ SiTE PLAN $C~L= ;,';0" _ I . Q" .;.'-~ 56N5 w."-iC'E" 5;:OF';"R~,E FERr-.IT c " o z Attachment 3 G ", :'L\,'''i'- -"-'-," - .... ' "', ~ , i 'l: 'I .f',',.':''- ,..' '('. f.l '.f'.,<,iJ re\!8:71:"- ~-~ 'If'f.\I,ll__ ,7AT~ jJ I- 0", 2CC0 r--;-" ;,1 : "---L ~ ~ i<(' -:l h . Z!~'~; ')Ld!; 'c' i' [Z:-l!~;:J ~'-'o I \'" J!~' QQ I<(~W.~~ I>D' ( 1- I .'10>0" I .r "r~ co' I _,...:,,0000 -, ~, () Dc- 'w ----! ill -~l COll'u \D --:( N<fC- ...J '.0 W-' ): ---12:' -i <{,f) Il}. N,~ CJ Z'JJ' () (J -..'........, KIf'O: '-="7101 AI *E",f_ ,',"f I r 'C ~ +- ~~ f.--IAREI-IOUS 1,030 SF E OFFICE :-:>00 SF UPPER L ooAe2 ",. . EVEL PL AN _I_e:>' f--ll 52--(\- 3-,~ t I I @J /" RESTROOM DN i- ii I i ,,' > L UP _ "iNi QU3!,OU_ ABOve I ~~RKING "' ",PACES LOf.--lER L ooA'" "'" . ". oEVEL PLAN ~2'_O' d'-~ I I --, I I' I I I , I I ~ TRASI-I 1.INt or- o;',~ - - - -- \/wClI'BOVE - -- - - - ~ -+ , d'?' ~:!l.~:::.~";;1~ '-,..:;..! 7~":;~;"''':':::::P:':~: I "';:'~" ",,,'n ::;::".-FF: ':::~~~ ~~:;;IT~~"';;~~ ~~ IKf~~ i6 I,~ ._~ 16'--~ 6_ ]:t'A1\ot.1 'Are .."" A2 5tHf or I 3-\5 /r-META:'" $E~ Roc.::<'lNG 5TI.lCCO !"INISI-! "-5TO "<EFRCNT SYSTEM ;".-:,"",j\\ ). --;0-' :{.~?1_-,-j~~L~ OPEN TO PARKING SOUTI-l ELEvA SCALE If"" , I' . o' T [ON m m t' I ////.~. .' /~/' ///~/" ,// /// // / / ,,/ " / / ' / ,/ /, /:/' /~/././ ,.- /' " / / ' /// , ' / - ,. ,/ / / /' / " , / /'//~>/;/ / ///////// / L-L-L J' I EAST ELEvATION 5CALE 1/4" . I' - >2')' /~ METAL 5€Ar"1 -.:~ING m m P0~>/ II I ~<//// // ., / / / / '/ / /. / / / HETAloiHNiNc. I I I .._._~ r I I I ! d<' , ^ i , I j r I , o " Q lY'''~",:U'^,K-' '..;I~'J q:'J'~~'" ,:",I~; ,;t'('+'j,>,' fu~~3EJ:TIif;~ ff;"i'Jj(J!.f> I, ~ 6 L 6 6 ""'''' DAre n# 43 I l I ~ " ~-)~ //~. " /..'//// ./ /.' / / // ./ /' , / " / . /. / /// ///"-/ / // / //' / / // . NORm EL ;cACE'Wd-0- EvATION // 5TUCCO FiNIS'" CC>NCRETE BLOCK HEST ELEV ;c." ",_ _ . A TION . I .~. -t G,,\ , I ! m m -,-"'N-,.;~t..,'7 ~'.-" '.'.::l'~";""" ,6'" ,,55-~'P ~~fi:fI~t:~t~ D ~ / / / / . / / rt'l!510NS /::, L L . D 6 r;r,A,i';1-, r.t,1t -l STUCCO FINISH j:fll ~ A4 'itEr a I PLANT LIST QUANTiTY 151ZE DETAIL No. @ o ~ o CJ I, ,I CZJ NOTES, BOTANICAL/COMMON NAME FYRU5 CALLERYANA 'BRADFORDI' 5RADFORQ PEAR 3-24" BOX A-D ARECA5iRUM ROMANIOFFIAI\lUM QUEEN F ALM 4-6'-8' B.LI-!. 5AW...jINI8A F'LlRPUREA ORChiD TREE 6.24" BOX TRACJ...tEL05PER1UH JASHINCIDE5 57 AR JASMINE 1$-1 GAL. AG:ApANTl-IU5 AFR1CANU5 LlL Y OF THE NiLE 14 RAPL-!IOLEPI5 INDICA INDIA j...lA\.4T!-jORN 21.5 GAL. NANDINA DOME5tJCA I-lEAvENL Y BAMBOO 13-:;0 G.AL. PI-JOTIN1A FRASERI RED LEAF FHQTINIA 25-5 GAL. 150TOMA FLUvlATILI5 CREEPING: BLUE BELL FLATS 8" D.C. MARA T1-40N SODDED LAHN TALL FESCUE 2' TI-IIC MULCH ALL LANDSCAPE AND IRRI0A TION AREAS SHALL CONFORM HITl-t Tr-lE CITY OF CHULA VISTA LANDSCAPE REGULATIONS AND THE LAND DEVELOPMENT LANDSCAPE STANDARD. 2. ALL LANDSGAPE INSTAllATION SHALL BE MAINTAINED IN ACCORDANCE HIT1-I THE C.ITY OF CHVLA VISTA LAND DEVELOPMENT MA"lJAL LANDSCAPE STANDARD. 3. ALL LANDSCAPE SHALL BE IRRI6A TED Y"IITH p..IJTOMA.TED IRRI6A TIQN SYSTEM MINIMUM DISTANCE TO STREET TREES TRAFFIC SI6NALS (STOP SI6N)-20 feet UNDER6ROUND UTILITY LINES - 5 feet ABOVE 6ROUND UTILITY ST"RlJ(;,TURES -10 Feet DRIVEY'LAY(ENTRIES)-IO feet INTERSECTIONS ( Intersecting c.Cirb lines of tV'o streets) - 25 feet :) -\1 \ \ <j~ -----~\ 1 ' 1\ -~'. ~rL I ~ 1\ I \" '. \ " . . , = .1 '0: "~I I I I LANDSCAPE CONCEPT PLAN SCALE lie. . I' _ .;J. il ~ "i- 'VA oS d-'~- ------.----------- .~< STELLA -r . '" REEr " " o z ---'------ ~~- ~~ ~~- C\- ,\\'" \ '1 . "'{- L't F~ 'I'" P_'f'" '", '-!'n.~," ~-' ;110 :T' "'.', .,.-."t.- .!<. ,_ 'r', r~ ,,;~ 'I:'" i1'VISIC'l:-S 0.___ r::t'h\\11___ r.Wf______ --~ -~- _>Cf-"I A- ;.-- .,., -rf:- ~"f' I CVRC RESOLUTION NO. 2007 RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING DESIGN REVIEW PERMIT (DRC- 07-04) TO ALLOW THE CONSTRUCTION OF A TWO-STORY WAREHOUSE/OFFICE BUILDING ON THE SITE LOCATED AT 868 STELLA STREET AND APPROVING A VARIANCE (ZAV- 07-08) TO PERMIT A IS-FOOT ENCROACHMENT INTO THE FRONT YARD SETBACK. WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Exhibit A, attached to and incorporated into this Resolution by this reference, and for the purpose of general description is located at 868 Stella Street, Chula Vista; and WHEREAS, a duly verified application for a Design Review Permit (DRC-07-04), was filed with the City of Chula Vista on behalf of Mr. Angel Gonzalez, (Applicant) to enable the development of a warehouse/office project located at 868 Stella Street (Project); and WHEREAS, a duly verified application for Variance (ZA V-07-08), was filed with the City of Chula Vista on behalf of Applicant to allow a IS-foot encroachment into the front yard setback for the Project; and WHEREAS, the Environmental Review Coordinator detennined that the proposed project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it was detennined that the proposed project qualifies for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus no further environmental review is necessary; and WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment Corporation (CVRC) for consideration of the Project and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the propeliy, at least ten (10) days prior to the hearing; and WHEREAS, the CVRC held a duly noticed public hearing to consider the application at the time and place as advertised, namely August 23, 2007 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the CVRC and the hearing was then closed. NOW, THEREFORE, BE IT RESOLVED by the Chula Vista Redevelopment Corporation as follows: 1. That it finds that the Project is in conformance with the City of Chula Vista Design Manual, Landscape Manual and the requirements of the Zoning Ordinance. 2. That, after considering all evidence and testimony presented, it approves Design Review Pennit DRC-07-04, subject to the conditions of Exhibit B, which is attached to and ~ ~.- \ CVRC Resolution No. 2007- Page 2 incorporated into this Resolution by this reference, to allow the construction of a two-story industrial/office building. 3. That, after considering all evidence and testimony presented, it finds; A. That a hardship peculiar to the property and not created by any act of the owner exists. B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. C. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this chapter or the public interest. D. That the authorizing of such variance will not adversely affect the general plan of the city or the adopted plan of any governmental agency. 4. That it approves Variance ZA V-07-08 to allow the Project to encroach 15 feet into the front yard setback. Pre",,'" tc:/)k Approved as to form by: ~~-ov ll{~ Ann Hix Acting Community Development Director Aml Moore General Counsel J:\Attorney\RESO\COMM DEV\CVRC 868 Stella Street DRC-07-04 and ZA V-07-08.doc 3A-l... EXHIBIT A LC!) NORTH . ~~J ~ \ ~ \ n DItJ : ~ 311 .-~ EXHIBIT B Design Review Conditions of Approval Warehouse/office Building 868 Stella Street The Chula Vista Redevelopment Corporation does hereby approve Design Review Permit DRC-07-04 subject to the following conditions: COMMUNITY DEVELOPMENT DEPARTMENT I. The subject property shall be developed and maintained in substantial conformance with the approved application, plans, and color and material board, except as modified herein. 2. Applicant shall submit all exterior lighting plans, landscape and irrigation plans, solid waste and recycling plans for review and approval prior to the issuance of building permits. 3. All utility meters and closets shall be painted to match the colors of the building elevations or shall be screened appropriately from public view. 4. Identification signs shall be limited to those signs permitted by Section 19.60.400 and Section 19.60.410 of the Chula Vista Municipal Code (CVMC) and shall comply with the regulations stated therein. 5. A graffiti resistant treatment shall be specified for all wall and building surfaces and shall be noted on all building and wall plans prior to issuance of building permits. 6. The applicant/owner shall comply with all applicable federal, state, and local requirements, and in any case where it does not comply, this permit is subject to modification or revocation. 7. This permit shall become void and ineffective if not used or extended within one year from the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code. 8. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit to protect the public from a specific condition dangerous to its health or safety or both due to the project, which condition(s) the City shall impose after advance written notice to the permittee and after the City has given the permittee the right to be heard with regard thereto. However, the City in exercising this reserved right/condition, may not impose a substantial expense or deprive permittee of a substantial revenue source which the permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 9. The applicant shall and does hereby agree to indemnifY, protect, defend, and hold harmless the City, its Council members, officers, employees, agents, and representatives from and against all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising directly or indirectly from a) City's approval and issuance of this permit, b) City's approval or issuance of any other permit or action, whether discretionary or non discretionary, in connection with the use contemplated herein, and without limitation, any and all liabilities arising from the operation of the facility. Applicant shall acknowledge their agreement to this provision by executing a copy of this permit where indicated below. The applicant's compliance with this provision is an express condition of this permit and this provision shall be binding on any and all of the applicant's successors and assigns. ~-f\ -1 Applicant and/or Property Owner PLANNING AND BUILDING DEPARTMENT CONDITIONS 10. All ground mounted utility appurtenances, such as transformers, AC condensers, etc., shall be located out of public view and adequately screened using a combination of concrete or masonry walls, grade contouring (berming), and landscaping to the satisfaction of the City. 11. Applicant shall provide grading plans with the submittal for building permits that shall contain on and off-site spot elevations and grading/drainage information. 12. Landscape Plans shall be completed by a licensed Landscape Architect and are required with building permit submittal. 13. Plans submitted for building permits shall contain a statement on the cover sheet indicating that this project will comply with Title 24 (2005 Energy Conservation and 200 I Disabled Access Regulations). 14. The project shall comply with applicable codes and requirements, including but not limited to 2001 CBC, CMC, CPC, and 2004 CEC requirements. 15. Walls less than twenty feet to property lines must be one-hour rates and openings are not permitted less than five feet and protected less than ten feet. 16. Structural calculations are required from a licensed California Engineer or Architect. ENGINEERING AND PUBLIC WORKS DEPARTMENT CONDITIONS 17. The following fees shall be required based on the final building plans submitted: a) Sewer Connection and Capacity Fees b) Development Impact Fees c) Traffic Signal Fees 18. The applicant shall obtain a construction permit from the Engineering Department to perform the following work in the City's right-of-way. a) Sewer lateral connections to existing public utilities. b) Install a new driveway meeting design standards as shown in Chula Vista standard detail CVCS-IA. c) Curb, gutter, sidewalk and street widening per City standards. /"' 6~-b 19. Street dedication along Stella Street IS required for a half width of 28-feet per City Standards. 20. The applicant is required to complete the applicable Storm Water Compliance Forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. These forms shall be submitted with the grading plans. 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. Based on the Completion of the Storm Water Compliance Forms, the project may be required to submit a SWPPP and Water Quality Technical Report (WQTR) with the submittal of the grading plans. The following items shall be incorporated in the grading plans and related reports: a. Grading Plans: The applicant is required to implement Best Management Practices (BMPs) to prevent pollution of the storm water conveyance systems, both during and after construction. Permanent storm water requirements shall be incorporated into the project design, and shall be shown on the grading plans. Any construction and nonstructural BMPs requirements that cannot be shown graphically must be either noted or stapled on the plans. b. SWPPP and WQTR: Development of the project shall comply with all applicable regulations, established by the United States Environmental Protection Agency (USEPA) as set forth in 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!) 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 post-construction pollution prevention and pollution control measures, and shall identifY funding mechanisms for the maintenance of post-construction control measures. c. WQTR: The applicant is required to identifY storm water pollutants that are potentially generated at the facility, and propose Best Management Practices (BMPs) that will be implemented to prevent such pollutants from entering the storm drainage systems. The WQTR will be required to demonstrate compliance with requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Permits, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements, with the first submittal of grading/improvement plans, in accordance with the City's Manual. 21. The applicant is required to implement Best Management Practices to prevent pollution of storm drainage systems during the demolition phase of the project. '?J >it - '-f 22. The applicant is required to complete the applicable forms and comply with the City of Chula Vista's Development and Redevelopment Projects Storm Water Management Standards Requirements Manual's requirements. FIRE DEPARTMENT CONDITIONS 23. Applicant shall comply with all conditions of the Fire Department prior to the issuance of building permits. GENERAL SERVICES DEPARTMENT CONDITIONS 24. The applicant shall develop and submit a Recycling and Solid Waste Management Plan to the Environmental Services Program Manager for review and approval prior to the issuance of building permits. The Plan shall demonstrate those steps the Applicant will take to comply with Municipal Code, including but not limited to Sections 8.24, 8.25 and 19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste . generated by all residential, commercial and industrial developments (including demolition and construction phases). OTHER CONDITIONS Chula Vista School Districts 25. Applicant shall comply with the conditions and requirements of the Chula Vista Elementary School District and the Sweetwater Union High School District. Sweetwater Authority 26. Applicant shall comply with the conditions and requirements of the Sweetwater Authority prior to the issuance of building permits. 2, ~ ---- l . .. CVRC Board Staff Report - Page 1 Item No. 4 CORPORATION (HULA VISTA DATE: August 23, 2007 FROM: CVRC Board Directors //) .tf ~ David R. Garcia, Chief Executive Office$r.:zJ Scott Tulloch, Assistant City Manager e-jJ Ann Hix, Acting Community Development Director j'JJ: Eric Crockett, Redevelopment Manager f!-; Consideration of Two Exclusive Negotiating Agreements for Sites within the Town Centre I Redevelopment Area TO: VIA: SUBJECT: Project Areas: Town Centre I Agreement: Exclusive Negotiating Agreements Developers: CityMark Communities LLC and Voyage LLC (Public) Project Sites: (1) Church and Davidson Northwest and (2) Landis and Davidson Northeast Project Types: Mixed-Use and Residential Project Descriptions: To Be Determined BACKGROUND: Staff is proposing two Exclusive Negotiating Agreements (ENAs) for review and consideration by the CVRe. Although these are considered "new" ENAs in the Third Avenue area, staff has been working closely with these developers during the past two years, examining potential development sites in the Third Avenue Village as the Urban Core Specific Plan (UCSP) was in process. Each developer previously had ENAs for other development sites on City/Chula Vista Redevelopment Agency ("Agency")-owned parking lots. The details of those ENAs and why the ENAs are being proposed for different sites are described in this report. ~-\ Staff Report - Item No. ~ Page 2 The new ENAs proposed are as follows: Developer Site Action CityMark Communities LLC Landis and Davidson Northeast New ENA Voyage LLC (Public) Church and Davidson Northwest New ENA The following staff report provides information about ENAs in general, why one of the previous agreements was allowed to expire and the other was terminated, a brief review of the downtown parking study findings and recommendations, and a description of the two ENAs. RECOMMEN DA liON: Staff recommends that the CVRC adopt the following resolutions: a) Resolution approving an Exclusive Negotiating Agreement between the CVRC and CityMark Communities LLC regarding the redevelopment of the Landis and Davidson Northeast Site; and b) Resolution approving an Exclusive Negotiating Agreement between the CVRC and Voyage LLC regarding the redevelopment of the Church and Davidson Northwest site. DISCUSSION: Exclusive Negotiating Agreements Purpose An ENA 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. The ENA process strategically evolves a proposal from initial concept to a defined project that is consistent with City and Agency plans and policies (e.g., General Plan, Urban Core Specific Plan and redevelopment plans), creating greater opportunities and incentives for private investment and community benefit. ,\_L-- Staff Report - Item No. ~ Page 3 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 predevelopment tasks. Two main objectives that this timeline facilitates are: 1. The preparation and completion of market studies, site plans and elevations, financing and development analysis, and public outreach and input 2. The establishment of a framework for negotiations to reach business deal points and terms for entering into a Disposition and Development Agreement (DDA) Previous ENAS and Parking Study As noted above, both CityMark's and Public's previous ENAs were on land used for public parking, at Landis and Davidson Southeast (CityMark) and at Church and Madrona Northwest (Public). Prior to entering into Disposition and Development Agreements (DDAs), the City, through the recent completion of a comprehensive downtown parking management study, determined that there would be a potential impact to redeveloping those particular parking lots, possibly requiring replacement parking elsewhere in the urban core. Parking Study Findings In October 2006, the City of Chula Vista Community Development Department initiated a comprehensive parking study to look at the management and supply of public parking in the urban core. The results of that study, as well as staff's recommendations, are being presented to the Chula Vista Redevelopment Corporation (CVRC) on August 9, 2007. The parking study findings showed that CityMark's site (referred to as Lot 3 in the study) was highly-utilized, and Public's site (Lot 6) was well-utilized. The preliminary recommendation from the parking consultant was to maintain the public parking on Lot 3; however, the consultant did not make a specific recommendation for Lot 6. Based on staff's analysis of the findings and preliminary recommendations in the parking study, as well as public input from a series of eight community meetings, the two lots will be maintained for public parking. CityMark CityMark entered into an ENA on July 19, 2005 with the Agency to develop a one- acre property made up of eight City- and Agency-owned parcels on Landis Avenue .q---~ Staff Report - Item No. ~ Page 4 just south of Davidson Street. The 300-day timeline for that ENA was tied to the adoption of the UCSP. The ENA was amended twice - once in August 2006, and again in March 2007 - in accordance with the anticipated approval of the UCSP. The UCSP was ultimately approved on April 26, 2007, around the same time that staff was analyzing the findings and preliminary recommendations from the parking study. The findings showed heavy parking utilization of Lot 3, and recommended maintaining public parking facilities on those parcels. Additionally, adjacent property owners and businesses, including several medical office uses, weighed in during community presentations to recommend against redevelopment of the parking lot. Staff concurred with the consultant's and the public's recommendations, and on June 6, 2007, the ENA on the property was allowed to expire, with the intent of proposing a new ENA on an alternate site at the northeast corner of Landis Avenue and Davidson Street. Voyage llC (Public) On May 11, 2006, the CVRC approved an ENA with Public for a two-parcel Agency-owned property on the northwest corner of Church Avenue and Madrona Street in the urban core, currently in use as a public parking lot. Like CityMark, Public's 300-day ENA timeline was linked to the adoption of the UCSP. In March 2007, the ENA was extended administratively, and on April 26, 2007, the same night the UCSP was approved, the Agreement was amended again, making minor adjustments to the timeline and lengthening the negotiation period. Analyzing the parking study findings and recommendations, staff found that the lot was well- utilized. During community presentations, staff heard from local restaurant and business owners who were vocal about their concerns regarding loss of the 30 parking spaces provided on the lot. As a direct result of public input, staff recommended maintaining the lot for public parking. After discussing the recommendation with the developer, the ENA was terminated on July 6, 2007, with the intent of proposing a new ENA on an alternate site at the northwest corner of Church Avenue and Davidson Street. ~-- .l\ Staff Report - Item No. ~ Page 5 New ENAs Both CityMark and Public are well-qualified and interested developers, capable of implementing the vision of Chula Vista's General Plan, Town Centre I Redevelopment Plan and the UCSP. Both developers were diligent in their efforts to move their projects forward under their previous ENAs.' As such, staff is proposing a new ENA for an alternate property in the urban core for each developer. CityMark CityMark is proposed to enter into an ENA with the CVRC on the three City-owned parcels at the northeast corner of Davidson Street and Landis Avenue. The site is just over half an acre and is currently used as a public parking lot, but it was not identified in the parking study as being significantly utilized. The site is located in the V-3 subdistrict of the UCSP. The developer is proposing a mid-rise building in conformance with the regulations in the adopted specific plan. Voyage LLC (Public) Public has created a new development entity, Voyage LLC, through which it will enter into an ENA with the CVRe. The subject property is the two City-owned parcels at the northwest corner of Church Avenue and Davidson Street. The approximately one-third acre site is also currently used for public parking, but it was not identified as being significantly utilized. The site is located in the V-l subdistrict of the UCSP. The developer is proposing ten condominium units, two of which will be live/work units, in conformance with the regulations in the adopted plan. Market The success of Chula Vista's redevelopment activities is highly dependent upon the City's efforts to time projects to take advantage of market opportunities and to respond quickly to the needs of investors when markets are strong. Although the market is presently soft, putting the proposed agreements in place and starting the entitlement process now will lay the groundwork for these projects to be completed as the cycle starts to improve again. DECISION-MAKER CONFLICT: Staff has reviewed the property holdings of the CVRC Members and has found that a conflict exists, in that CVRC Board Member Salas has property holdings within 500 feet of the boundaries of the Church and Davidson site, (PublicNoyage LLC) which is one of the subjects of this action. 1 The previous ENA schedules for CityMark and Public were linked to the approval of the UCSP, which took effect June 14, 2007. Throughout the negotiating period, CityMark and Public worked cooperatively with staff to make the necessary amendments to their respective agreements, and would have gone forward with the projects as planned, had it not been for the results of the parking study. 4~S Staff Report - Item No. -L Page 6 No conflicts exist for the Landis and Davidson site. CONClUSION: Since the approval of the original two ENAs with CityMark and Public, the economy and market have shifted, 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 impact on redevelopment and on Chula Vista's revitalization activities on the west side. As stated above, both developers are well-qualified and interested in developing in Chula Vista. It is therefore important that the CVRC expeditiously capture and take advantage of the opportunity to plan effectively, implementing strategic redevelopment tools through the Exclusive Negotiation Agreement. ATTACHMENTS: A. CityMark Communities LLC Profile B. Voyage LLC (Public) Profile C. Map of ENA Sites D. ENA with CityMark Communities LLC E. ENA with Voyage LLC PREPARED BY: Janice Kluth, Senior Community Development Specialist ^\----'--< ATTACHMENT A . CITYHADK Existinq Uses & Ownership The site is owned by the City and is currently used as a metered parking lot. Landis Avenue is a secondary street between E and F Streets that is characterized by a mixture of older and unique residences, many of which have been converted to professional office and multifamily residential uses. The site is located in the Urban Core Specific Plan's West Village V-3 Subdistrict, which allows FARs between 2.0 and 4.5, heights between 18' and 84', primary land use maximums of 100% residential, 10% retail, and 10% office. Surrounding lond uses include several medical office buildings and other miscellaneous commercial retail, service, and office uses. LANDIS AVENUE NORTHEAST Site Description Located in the heart of Chula Vista's downtown village, the Landis Northeast site is situated in an ideal location for the creation of residential densities to support and reinvigorate the Third Avenue business district. Development at this location will also present important opportunities to create enhanced linkages and pedestrian access to and from local residences, Third Avenue businesses, neighboring parks, and local community centers. CityMark Communities LCC, is interested in developing a proiect on the Landis Northeast site within the Agency's Town Centre I Redevelopment Project Area. The subject property consists of eight parcels located on the northeast corner of Landis Avenue and Davidson Street (Assessor's Parcel Numbers 568-044-0900, 568-044-1000, 568-044-1100) and totals approximately 29,319 square feet in area. Developer Qualification & Owner Participation Process CityMark was selected through a Request for Proposals and Qualifications process for another City/Agency-owed site in the vicinity, and the Redevelopment Agency entered into an ENA with the Developer on that property in July 2005. In mid-2007, a City- commissioned parking study recommended against redevelopment of the property. The ENA was allowed to expire, with the intent that the developer would enter into a new ENA on an alternate site. Developer Profile, History, and Qualifications 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 ~-l ATTACHMENT A residential prajects, including condominiums and mixed-use developments incorporating retail and office space. CityMark's portfolio and business plan include lofts, town homes, flats, and live/work residences. Notable campleted CityMark projects in the San Diego region include: o CitvMark at Cortez Hill. 16 two- and three-bedroom townhouse units in the Cortez Hill District of the City of San Diego near the newly renovated EI Cortez Hotel. D Doma. 121-unit mixed-use development in Little Italy consisting of 66 eight-story lofts, 40 four-story townhouses, and 15 four-story flats with almost 60 distinct floor plans. o Paseo. lS townhouses and live/work residences in the historic downtown district of the City of La Mesa. D M2i. Seven-story, 230-unit candominium project in the Ballpark District of the City of San Diego consisting of tawnhouses, flats, and live/work units. o Farenheit. Seven-story, 77-unit loft project in the Ballpark District of the City of San Diego that will incorporate ground floor "shopkeeper" units. o Eavptian. Seven-story, SO-unit mixed-use project in the Hillcrest area of the City of San Diego. CityMark's Cortez Hill and Doma projects were the recipients of multiple awards at the 2002 and 2003 San Diego Building Industry Association's Sales, Advertising, and Merchandising Awards, including Best Attached Housing Project Award. CVRC-Develaper Partnership In additian to their experience and depth as an urban residential developer in San Diego County, CityMark is composed af a small and very close development team that has emphasized their desire and commitment to creating close partnerships with staff, the CVRC, and the community to create product types and designs that complement the character and charm of Chula Vista's downtown village. CityMark's commitment to local partnerships was a key factor in their selection during the RFP/Q interview process. 4-<f Voyage LLC (Public) CHURCH AND DAVIDSON NORTHWEST Site Description Located on Church Avenue in Chula Vista's downtown village, this site offers an excellent opportunity for showcasing the type of residential density intended by the Urban Core Specific Plan and Updated General Plan. Development at this location will complement Third Avenue businesses, and benefit from neighboring parks, and local community centers. Voyage LLC, a Limited Liability Company and development entity of Public, a California General Partnership, is interested in developing a project on Church Avenue within the Agency's Town Centre I Redevelopment Project Area. The subject property consists of two parcels located along the western side of Church Avenue, at the intersection of Davidson Street (Assessor's Parcel Numbers 568-071-19- 00 and 18-00) and totals approximately 13,855 square feet in area. Existina Uses & Ownership The site is owned by the City of Chula Vista and is currently used as a metered parking lot. Church Avenue is a secondary street running parallel to Third Avenue and is characterized by a mixture of retail, office, multifamily and single family uses. The site is located in the Vol subdistrict of the Urban Core Specific Plan, allowing FARs between 1.0 and 2.0, heights from 18' to 45', and primary land uses of 100% residential (with allowances for Live/Work uses). Surrounding land uses include commercial, residential and office buildings and a public parking lot. ATTACHMENT B Developer Qualification Process In 2005, the Community Development Department received a Statement of Qualifications from Public for another site in the urban core. The developer is well qualified, possessing intimate knowledge and experience in urban residential developments. In addition to developer's history, experience, and financial capabilities, there is a commitment to creating positive partnerships and working relationships with CVRC staff, the local community, and other development teams working with the CVRe. 4-q ATTACHMENT B Based upon staff's review of the developer's profile, history, and qualifications for this site, the CVRC entered into an ENA with Public for the Church Avenue site in May 2006. Although external conditions caused that ENA ta be terminated eorlier this year, staff recommends that the CVRC enter inta a new ENA with Public through its development entity, Voyage LLC, on an alternate property in the urban core. Developer Profile. History. and Qualifications Public is an urban residential architecture/development company based in San Diego and founded in 1989. Public primarily develops low-rise residential projects, including mixed- use developments incorporating retail and office space. Public's portfolio and business plan include lofts, town homes, flats, and live/work residences. Typically the firm has developed rental units, but is now expanding into the for-sale market. For the purpose of developing the new residential product, Public created a Limited Liability Company, Voyage LLC, in September 2006. Notable completed Public projects in or near the San Diego region include: Q Dutra Brown Buildina. Four-unit rental apartment building in the Little Italy District of the City of San Diego -building materials and architectural elements were reused from the original buildings on the site. Q Laurel Court. Twenty-unit modern residential project in West Hollywood. Homes are grouped around a series of landscaped courtyards, reminiscent of older residences in the area. Q Lee Residence. Single family home in La Jolla. Notable current Public proiects in the San Diego region include: Q Southblock. One hundred and six-unit mixed use building In downtown San Diego, with apartments above and retail on the ground level. Q Siabee Row. Fourteen market-rate urban condominiums in the Barrio Logan district of San Diego. Q Baltazar Residence. Single family home in La Jolla. Public's Dutra Brown Building was the recipient of local, State and national awards by the American Institute of Architects. The Lee Residence also received an AlA award. The firm has been published in Architectural Record, San Diego Home and Garden and Dwell magazine. Public was also short-listed for architectural firm of the year for the entire State of California last year. CVRC-Developer Partnership In addition to their experience and depth as an urban residential developer in San Diego County, Public is composed of a small and very close development team that has emphasized their desire and commitment to creating close partnerships with staff, the CVRC, and the community to create product types and designs that complement the character and charm of Chula Vista's downtown village. Public's commitment to local partnerships was a key factor in the decision to move forward with the ENA process. L\;Iv o 0.025 0.05 0.1 0.15 0.2 Miles , Merged Bayfront / Town Centre I Project Area Merged Chula Vista Project Area '1- \ ATTACHMENT C 1. 3rd & E Southeast Corner / Avian Development 2. Church & Davidson Northwest / Voyage LLC 3. Landis & Davidson Northeast I City Mark Development LLC 4. 3rd & G Northwest Ilntergulf~Mar (Park) Group ATTACHMENT 0 EXCLUSIVE NEGOTIATING AGREEMENT This Exclusive Negotiating Agreement ("Agreement"), dated as of this 23rd day of August, 2007 ("Effective Date"), is made by and between the Chula Vista Redevelopment Corporation, a California nonprofit, public benefit corporation ("CVRC"), on behalf of and for the Redevelopment Agency of the City of Chula Vista, a public body, corporate and politic ("Agency"), and City Mark Communities, LLC, a California limited liability company ("Developer"), with reference to the following facts: RECITALS In furtherance of the objectives of the California Community Redevelopment Law, the Agency has undertaken a program for the redevelopment of certain areas within the City of Chula Vista ("City"), and in connection therewith is undertaking and carrying out activities for redevelopment in the Town Centre I Redevelopment Project Area ("Project Area") pursuant to and in furtherance of the redevelopment plan for the Project Area ("Redevelopment Plan"). The subject matter of this Agreement concerns that certain real property located within the Project Area as depicted on Exhibit "A" hereto ("Property"). The Property consists of three parcels encompassing approximately 29,319 square feet of territory located on the northeast comer of Landis Avenue and Davidson Street in the City of Chula Vista (Assessor Parcel Numbers 568-044-0900, 568-044-1000, 568-044-1100). The Developer is proposing to develop an urban residential condominium development ("Project") and desires to negotiate a Disposition and Development Agreement ("DDA") with the Agency. After a competitive Request for Qualifications/Proposal selection process conducted by the Agency for the Property in 2005, the Agency selected the Developer as a qualified entity with which to negotiate terms for an agreement for development of the Property. Based on those qualifications, the CVRC desires to enter into this Agreement with the Developer with the objective of determining the feasibility of the proposed project and consideration of entering into a mutually acceptable DDA for the development of the Property consistent with the terms and conditions of this Agreement at the earliest practical date. The Developer anticipates that, following execution of this Agreement and through the period of negotiation and preparation of a DDA with respect to the Project, it will devote substantial time and effort in preparing plans, preparing project pro formas, contacting financial institutions, engaging appropriate consultants, and meeting with the Agency and various other necessary third parties in connection with the proposed Project, and in negotiating and preparing a DDA consistent with the basic terms and mutual understandings established in this Agreement. The CVRC and the Developer ("Parties") desire to enter into this Agreement in order to set forth the rights and duties of the Parties during the term of the Exclusive Negotiating Period. ~r\ \,- -1- Now, therefore, the Parties mutually agree as follows: I. GOOD FAITH NEGOTIATIONS A. CVRC and Developer agree (pursuant to Section 2.A) to negotiate in good faith pursuant to the terms of this Agreement, a DDA or other form of agreement or agreements to be entered into between the Agency and Developer concerning the purchase and development of the Property by Developer. During the negotiation period pursuant to Section 2 below, CVRC agrees not to negotiate with any other person or entity regarding development of the Property without the consent of Developer. Nothing in this Agreement shall be deemed a covenant, promise or commitment by the CVRC, the Agency, the City of Chula Vista, or any agency of the City, with respect to the acquisition of property or the approval of the development project. CVRC's acceptance of this Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by Agency as to any actions required of it. B. Notwithstanding the foregoing, Developer acknowledges that Agency may receive from time to time, unsolicited alternative proposals for the development of the Property. Agency shall notify Developer within ten days after receiving an unsolicited development proposal for all or any portion of the Property. Agency and Developer shall confer in good faith to assess the benefits of the unsolicited proposal. 2. NEGOTIATION PERIOD A. CVRC and Developer agree to negotiate for an initial period of three hundred (300) days which shall commence on the Effective Date unless earlier terminated in accordance with the provisions hereof ("Initial Negotiation Period"). B. If, upon the expiration of such Initial Negotiation Period, the Parties have not each approved and executed a DDA, then the Chief Executive Officer of the eVRC ("CEO"), in his or her sole discretion, on behalf of the CVRC, is authorized to extend, in writing, the term of this Agreement for up to an additional ninety days (90) days ("Extended Negotiation Period") provided that at the end of the Initial Negotiation Period, neither the CVRC nor the Developer has exercised its right to terminate as provided herein and the Developer is in full compliance with all terms and conditions hereof, the Developer concurs with such extension of the negotiation period, and the CEO has determined that there is a reasonable likelihood that the Developer will agree to terms and conditions for the development of the Project on the Property that Agency staff will be able to recommend approval of the DDA to the Agency prior to the expiration of the Extended Negotiation Period. e. If, after expiration of the Initial Negotiation Period, or after the Extended Negotiation Period if this Agreement is extended, the Parties have not each approved and executed a DDA, then this Agreement shall automatically terminate and Developer shall have no further rights regarding the subject matter of this Agreement or the Property, and Agency shall be free to negotiate with any other persons or entities with regard to the Property. ~-\) - 2- 3. OBLIGATIONS OF DEVELOPER A. Schedule CVRC and Developer agree and acknowledge that all submittals required by this Agreement shall be submitted pursuant to the timeline attached hereto as Exhibit "B." Exhibit "B" may be amended administratively by the CEO as needed and with the concurrence of the Developer in writing, provided the timeline does not exceed the Initial Negotiation Period or the Extended Negotiation Period, if applicable. B. Development and Design Plans During the negotiation period, Developer shall submit development and design plans for the Project as described in Exhibit "B." Developer shall also furnish such information to CVRC regarding the Project as may be required by CVRC and/or City to perform an environmental review pursuant to the California Environmental Quality Act ("CEQA"). All fees and expenses for engineers, architects, financial consultants, legal, planning or other consultants retained by Developer to perform Developer's obligations set forth in this Agreement shall be the sole responsibility of Developer. C. Reports, Studies and Public Participation Developer shall make written reports to the CVRC on the Developer's progress toward meeting its obligations under this Agreement as requested by the CVRC, and if requested by the CVRC, Developer shall make periodic oral progress reports on all matters and all studies being made related to the acquisition of the Property and development of the Project and other matters under negotiation to the extent that they do not include confidential matters. As CVRC deems reasonably necessary or appropriate, presentations may be requested at public forums to solicit input from citizens, businesses, stakeholders and relevant interest groups. D. Financing Developer shall, consistent with Exhibit "B," develop a program of financing that provides the CVRC with reasonably satisfactory evidence that financing will be available for acquisition and development of the Property. E. Deposit Developer previously deposited with the Agency in 2005 an amount of Twenty Five Thousand Dollars ($25,000) in immediately available funds ("ENA Deposit") for project analysis, following the execution of an ENA for the site known as Landis Avenue South (Assessor Parcel Numbers 568-152-2300, 568-152-2400, 568-152-2500, 568-152-2600, 568- 152-2700, 568-152-2900, 568-152-0100, 568-152-0200, 568-152-0300) on July 18, 2005. CVRC shall continue to utilize the remaining balance of the previous ENA Deposit to conduct project analysis for this Agreement including, but not limited to, payment for third party -4 - \-'\ - 3 - consultants, City/Agency staff time (at applicable full q)st recovery rates), and other reasonable costs incurred by the CVRC and Agency in conducting such analysis. CVRC shall request additional deposits if the ENA Deposit is exhausted and CVRC determines further analysis is required. CVRC may cease negotiations and all activities of third party consultants until such time as ENA Deposit is replenished as reasonably requested by CYRC. Any deposit balance remaining upon the termination of the Agreement, less any interest earned on said deposit, shall be returned to Developer or shall be applied to any deposit required by a subsequent DDA. 4. CVRC OBLIGATIONS AND DUE DILIGENCE A. During the Negotiation Period, CVRC shall conduct a due diligence investigation of the Developer's ability to purchase, own and/or operate the Project in a responsible manner. If the CEO determines in his or her sole discretion that Developer does not have the ability to successfully purchase, own, and/or manage the Project in a responsible manner, the CEO may terminate this Agreement by delivering written notice thereof to Developer. CVRC's due diligence efforts may include, without limitation, the following: 1. Assessment of the proposed financing and the capacity of Developer to qualifY for financing for the Project; and 2. Assessment of the capacity of Developer and its principal staff to effectively own and/or manage the Project, including the ability to carry out any ongomg management oversight responsibilities. B. CYRC agrees to cooperate with Developer in providing equity partner(s) and/or lender(s) of Developer with appropriate and necessary information for the Developer to fulfill its obligations hereunder, which information is not otherwise privileged. C. CVRC shall also cooperate with Developer's professional consultants and associates in providing them with any information and assistance, so far as such information is not otherwise privileged, reasonably within the capacity, possession or control of the CVRC in connection with the preparation of the Developer's submissions to the CVRC. 5. DDA The Parties hereby acknowledge and agree that, during the Initial Negotiation Period and, if applicable, the Extended Negotiation Period, the Parties shall use their respective good faith efforts to negotiate and enter into a DDA which shall include (but not be limited to) the following: (i) the design of the Project by the Developer, which design and any required permits shall be subject to the approval by the CVRC and/or City, (ii) the construction of the Project by the Developer in accordance with final plans and specifications to be provided by the Developer and approved by the CVRC and/or City, pursuant to a detailed schedule of performance by the Developer, (iii) the operation and management of the Project by the Developer in a good and professional manner and subject to the covenants required by law, (iv) the maintenance of landscaping, buildings, and improvements in good condition and satisfactory state of repair so as to be attractive to the community, (v) the operation of the Project by the Developer in compliance with all equal opportunity standards established by federal, state and local law, (vi) provision by each contractor and/or subcontractor (as the case may require and as appropriate) "\,-- \5 - 4- performing work on the Project of the requisite performance bond and labor and materials payment bond to assure completion of the Project free of mechanics' liens, (vii) the Project shall be of a quality consistent with plans and renderings provided by Developer and approved by the CYRC, (vii) the terms and conditions upon which Developer shall acquire the Property and (viii) the terms and conditions upon which either party may terminate the DDA (e.g., the discovery of environmental issues/hazardous substances on the Property, unexpected development or construction costs). 6. ADDITIONAL TERMS AND OBLIGATIONS A. Real Estate Commissions Neither CYRC nor Developer shall be liable for any real estate commission or brokerage fees which may arise herefrom except for a commission payable by Developer to Yoit Commercial Brokerage pursuant to a separate written agreement. CYRC and Developer represent that they have not engaged any other broker, agent or finder in connection with this transaction and each party agrees to indemnify and hold the other party free and harmless from and defend the other against claims for commissions or fees made through such party and against any damage or expense the other party may incur by reason of the untruth as to the warranting party of the foregoing warranty, including expenses for attorney's fees and court costs. B. Each Party to Bear its Own Cost Each party shall bear its own costs incurred in connection with the negotiation of a DDA, and the implementation of this Agreement, except as otherwise expressly provided herein or expressly agreed in writing. C. Confidentiality CYRC and Developer recognize that disclosures made by Developer pursuant to this Agreement may contain sensitive information and that the disclosure of such infonnation to third parties could impose commercially unreasonable and/or uncompetitive burdens on Developer and, may correspondingly, diminish the value or fiscal benefit that may accrue to the CYRC upon the redevelopment of the Property by the Developer, if a future DDA is entered into by the Parties. Developer acknowledges and agrees that CYRC is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public. Accordingly, any information provided by Developer to CYRC with respect to the Property, the Project or Developer may be disclosed to the public either purposely, inadvertently, or as a result of a public demand or order. With respect to any information provided that Developer reasonably deems and identifies in writing as proprietary and confidential in nature, CYRC agrees to exercise its best efforts to keep such information confidential. In addition, if CYRC determines that it is required under applicable law to disclose any information identified by Developer as proprietary and confidential in nature, CYRC shall notifY Developer as least three business days before disclosure of such information which will provide Developer the opportunity to seek a protective order preventing such disclosure. LV-'4 - 5- D. Assignment 1. CVRC would not have entered into this Agreement but for Developer's unique qualifications and experience. Therefore, Developer's rights and obligations under this Agreement may not be assigned without the prior written approval of CVRC in its sole discretion. Notwithstanding the foregoing, subject to the prior written approval of the CEO, Developer may assign its rights hereunder to a new entity formed by the Developer for purposes of developing the Project. Such new entity may include additional parties provided that the Developer retains responsibility for fulfilling its obligations hereunder and Developer retains management control and authority over the entity and the Project. 2. Upon the assignment sale or transfer, whether voluntary or involuntary, of more than fifty percent (50%) of the membership, ownership, management or control of the Developer (other than such changes occasioned by the death or incapacity of any individual) that has not been approved by the CVRC, prior to the time of such change, the CVRC may terminate this Agreement, without liability, by sending written notice of termination to Developer. E. Nondiscrimination Developer shall not discriminate against nor segregate any person, or group of persons on account of race, color, creed, religion, sex, marital status, disability, national origin or ancestry in undertaking its obligations under this Agreement. 7. RETENTION OF DISCRETION A. By its execution of this Agreement, CVRC is not committing itself or agreeing to undertake any activity requiring the subsequent exercise of discretion by CVRC, Agency, or City, or any department thereof including, but not limited to, the approval and execution of a DDA; the proposal, amendment, or approval of any land use regulation governing the Property; the provision of financial assistance for the development of any public or private interest in real property; the authorization or obligation to use the Agency's eminent domain authority; or, any other such activity. B. Developer understands and agrees that the CVRC, Agency, and City, in their respective legislative roles, reserve the right to exercise their discretion as to all matters which the CVRC, Agency, and City are by law entitled or required to exercise such discretion, including but not limited to, entitlements or permits for the development of the Property and adoption of any amendments to policy documents (including the General Plan, Urban Core Specific Plan, and Redevelopment Plans). In addition, Developer understands and agrees that the entitlements and any other documents shall be subject to and brought to the CVRe, Agency, or City, as appropriate, for consideration in accordance with applicable legal requirements, including laws related to notice, public hearings, due process, and the California Environmental Quality Act. '\- ,\ - 6- C. Developer acknowledges that any plans processed for the Property will be based upon the current General Plan and Zoning Code of the City. Additionally, Developer acknowledges that the City is still in the process of completing portions of the Urban Core Specific Plan ("UCSP"). Developer acknowledges and agrees that the City may consider a number of development alternatives for the Property for consideration by the City Council as part of City's UCSP process. Developer further acknowledges that the City is currently in litigation over the UCSP and that said litigation could affect the Property and the Developer's interests therein. Developer agrees and acknowledges that the processing, adoption and/or amendment of the General Plan or the UCSP by the City is not a consideration in its proceeding with this Agreement or the proposed development project and Developer may need to request amendments to the General Plan or UCSP. The General Plan and UCSP are legislative actions and this agreement does not limit or in any way interfere with the City Council's ability to exercise their discretionary authority as it relates to these or any other legislative actions. Developer acknowledges and agrees that the exercise of the City's legislative discretion, whether by the City Council's own actions or pursuant to or as a result of any litigation shall not form the basis of breach of this Agreement, express or implied, or any other claims against the City. D. This Agreement does not constitute a disposition of property or exercise of control over property by CYRC and does not require a public hearing. CYRC execution of this Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by Agency as to any proposed DDA and all proceedings and decisions in connection therewith. The parties understand that Agency has the complete and unfettered discretion to reject a DDA without explanation or cause. The risk of loss of all processing, design and developmental costs incurred by the Developer prior to DDA approval shall be absorbed entirely by Developer except unless expressly assumed, by the terms of this Agreement by the CYRC. As to any matter which the CYRC and/or Agency may be required to exercise its unfettered discretion in advancing the Project to completion, nothing herein shall obligate the CYRC and/or Agency to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be deemed to constitute a breach of CYRC duties under this agreement. 8. TERMINATION RIGHTS Notwithstanding the Initial or Extended Negotiating Periods hereinabove set forth, either party may terminate this Agreement if the other party has materially defaulted in its obligations herein set forth, and the terminating party has provided defaulting party with written notification of such determination, and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. Defaulting party shall have 30 days from the date of the written notification to cure such default. If such default is not cured within the 30 days, the termination shall be deemed effective. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Each party shall also have the right to terminate this Agreement in the event that CYRC or Developer determines that: (a) the Project is infeasible or not in the public interest; or (b) the parties reach an impasse in their negotiation of the DDA which cannot be resolved after good faith efforts. L\-)<{ -7 - 9. GENERAL PROVISIONS A. Address for Notice Developer's Address for Notice: City Mark Communities, LLC 701 B Street, Suite 1100 San Diego, California 9210 I Attention: Mr. Richard V. Gustafson Telephone: (619) 231-1161 Fax: (619) 235-4691 And Hecht Solberg Robinson Goldberg & Bagley LLP 600 W. Broadway, Eighth Floor San Diego, California 9210 I Telephone: (619) 239-3444 Fax: (619) 232-6828 CVRC's Address for Notice: City of Chula Vista - CVRC Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Community Development Telephone: (619) 691-5047 Fax: (619) 476-5310 Copy to: City Attorney B. Authority Each party represents that it has full right, power and authority to execute this Agreement and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Agreement on the behalf of such party are duly authorized agents with authority to do so. C. Counterparts 1~\~ - 8- This Agreement may be executed in multiple copies, each of which shall be deemed an original, but all .of which shall canstitute .one Agreement after each party has signed such a caunterpart. D. Entire Agreement This Agreement tagether with all exhibits attached hereta and ather agreements expressly referred to herein, constitutes the entire Agreement between the parties with respect to the subj ect matter contained herein. All priar or cantemporaneous agreements, understandings, representatians, warranties and statements, oral or written, are superseded. E. Further Assurances The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentians .of the parties. F. No Third Party Beneficiaries There are no other parties to this Agreement, express or implied, direct or indirect. CVRC and Developer acknowledge that it is not their intent to create any third party beneficiaries to this Agreement. G. Exclusive Remedies I. In the event of default by either party to this Agreement, the Parties shall have the remedies of specific performance, mandamus, injunctian and other equitable remedies. Neither party shall have the remedy .of monetary damages against the other; provided, however, that the award of costs oflitigation and attorneys' fees shall not constitute damages based upon breach of this Agreement where such an award is limited to the reasonable costs of litigation incurred by the Parties. 2. Each party acknowledges that it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides: A general release daes nat extend ta claims which the creditar daes not know .or suspect ta exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement with debtor. Califarnia Civil Code Section 1542 notwithstanding, it is the intentian of the Parties to be baund by the limitation on damages and remedies set forth in this Sectian 7G, and the Parties hereby release any and all claims against each ather far monetary damages or other legal or equitable relief related to any breach of this Agreement, whether or not any such released claims were known ta either of the Parties as of the date of this Agreement. The Parties each waive the benefits of California Civil Code Sectian 1542 and all other statutes and judicial decisions of 1 ~ ?-U - 9- similar effect with regard to the limitations on damages and remedies and waivers of any such damage and remedies contained in this Section 7G. H. lndenmity Developer shall indenmify, protect, defend and hold harmless CYRC, City and Agency, its elected officials, employees and agents from and against any and all challenges to this Agreement, or any and all losses, liabilities, damages, claims or costs (including attorneys' fees) arising from Developer's negligent acts, errors, or omissions with respect its obligations hereunder or the Property, excluding any such losses arising from the sole negligence or sole willful misconduct of CYRC, City or Agency or the conduct of third parties outside the control of the Developer. This indenmity obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, in the event of a third party challenge to the validity of this Agreement, Developer shall have the option to terminate this Agreement in lieu of its indemnity obligation. 1. Time is of the Essence Time is of the essence for each of Developer's obligations under this Agreement. [NEXT PAGE IS SIGNATURE PAGE] Lp -" ')\ - 10- Signature Page To Exclusive Negotiating Agreement IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date set forth above, thereby indicating the consent of their principals. CHULA VISTA REDEVELOPMENT CORPORATION CITYMARK COMMUNITIES LLC California Limited Liability Company By: By: Chair Richard Gustafson President Date: Date: APPROVED AS TO FORM: By: Russell C. Haley Vice President By: Ann Moore General Counsel Date: Date: ATTEST: By: Ann Hix Secretary .~~ 1- L-- - II - flfl,J:.O~R\C\l..p.. EXHIBIT "A" , Added Are R a edev. Project Area Town Centre 1 Redev. Project Area II Town Cenjre II Rd' e ev, PrOject Area o Landis & Davids CilyMark Devel on Norlheast Corner oprnent LLC .-q -- b '? EXHIBIT "B" EXCLUSIVE NEGOTIATING AGREEMENT SCHEDULE OF ACTIVITIES ACTIVITY DESCRIPTION RESPONSIBLE PARTY Within 90 Days of ENA Execution Preliminary Design Submittal of preliminary design concepts and drawings CityMark for staff review and comment, including site plans and elevations. RAC #1 ! Presentation of preliminary design concepts and CityMark I I drawings to the Redevelopment Advisory Committee for early public input on design. Draft Terms Sheet Submittal of drafts of pro forma, development CityMark schedule, and terms sheet containing preliminary deal points. I Within 60 Days of Draft Terms Sheet Conceptual Submittal and review of conceptual financing plan with Staff & CityMark Financing Plan Staff. CYRC Technical Presentation of preliminary design and deal points to Staff & City Mark Input #1 CVRC Board of Directors for early technical input and comment. Within 60 Days of CYRC Technical Input #1 RAC #2 Presentation of revised design concepts and drawings to CityMark the Redevelopment Advisory Committee for review, comment, and advisory recommendation. Draft DDA Collaboration between Staff and CityMark to develop a Staff & CityMark Draft Disposition and Development Agreement (DDA). CYRC Technical i Presentation of Draft DDA to CYRC Board of CityMark Input #2 Directors for early technical input and comment on DDA structure and conceptual financing plan. Within 60 Days of CYRC Technical Input #2 DDA Review and consideration of Disposition and Staff & CityMark Development Agreement by CVRC and Redevelopment Agency. DDA to include performance schedule for Urban Core Development Permit (UCDP) and project completion. i L\r-1-~ 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. ((\1.\ V1.\.a,. L C"41lAflA' .1-1..." U-C . 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. R\,-,'^- G,c,.".\-c...tOf'.-. t?v""" l:1:CNl-(.c\ ... Villc...t"" H,.,e^-(5(\A.c~ 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. ;(;fA- 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. Ale.\- K'ec... -\z>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_ NoL 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 twelve (12) months to a current member of the Chula Vista City Council? No _ Yes lS.....lf yes, which Council member? l"v\c,\/oc- u,,,, . .~1-5 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---'s:... If Yes, which official" and what was the nature of Item provided? Date: <g,-G,-07 C Sig ature of ContractorlApplican .k\>i'S \G..,="-LI. (. [i-""("'L Print or type name of ContractorlApplicant Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver. syndicate, any other cDunty, 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 ~Llp ATTACHMENT E EXCLUSIVE NEGOTIATING AGREEMENT This Exclusive Negotiating Agreement ("Agreement"), dated as of this 23rd day of August, 2007, ("Effective Date") is entered into by the Chula Vista Redevelopment Corporation, a nonprofit, public benefit corporation ("CVRC"), on behalf of and for the City of Chula Vista Redevelopment Agency, a public body, corporate and politic ("Agency") and Voyage, LLC, a California Lirnited Liability Company ("Developer"), with reference to the following facts: RECITALS In furtherance of the objectives of the California Community Redevelopment Law, the Agency has undertaken a program for the redevelopment of certain areas within the City of Chula Vista ("City"), and in connection therewith is undertaking and carrying out activities for redevelopment in the Town Centre I Redevelopment Project Area ("Project Area") pursuant to and in furtherance of the redevelopment plan for the Project Area ("Redevelopment Plan"). To assist in the carrying out of planning and redevelopment activities the City of Chula Vista created the Chula Vista Redevelopment Corporation ("CVRC"). Pursuant to Chula Vista Municipal Code Section 2.55, the CVRC is authorized to enter into this Agreement on behalf of the Redevelopment Agency. The subject matter of this Agreement concerns that certain real property located within the Project Area as depicted on Exhibit "A" hereto ("Property"). The Property is situated on two parcels at the northwest comer of Church Street and Davidson Street, known as the Church and Davidson northwest site (APN 568-07-119, 568-07-118). The site totals approximately 13,856 square feet in area. Agency has received an unsolicited proposal for the redevelopment of the Property from a qualified and interested developer. Therefore, the CYRC desires to enter into this Agreement with the Developer with the objective of determining the feasibility of the proposed project and consideration of entering into a mutually acceptable DDA for the development of the Property consistent with the terms and conditions of this Agreement at the earliest practical date. The Developer is proposing to develop ten (10) residential for-sale homes ("Project") and desires to negotiate a Disposition and Development Agreement ("DDA") with the Agency. The Developer anticipates that, following execution of the Agreement and through the period of negotiation and preparation of a DDA with respect to the Project, it will devote substantial time and effort in preparing plans, preparing project proformas, contacting financial institutions, engaging appropriate consultants, and meeting with the City and various other necessary third parties in connection with the proposed Project, and in -1- Li.-)\ negotiating and preparing a DDA consistent with the basic terms and mutual understandings established in this Agreement. The CYRC and the Developer ("Parties") desire to enter into this Agreement in order to set forth the rights and duties of the Parties during the term of the Exclusive Negotiating Period subject to the Owner Participation rules and regulations established for the Project Area. Now, therefore, the Parties mutually agree as follows: 1. Good Faith Negotiations A. CYRC and Developer agree (pursuant to Section 2.A) to negotiate in good faith pursuant to the terms of this Agreement a DDA or other form of agreement or agreements to be entered into between the Agency and Developer concerning the purchase and development of the Property. During the negotiation period pursuant to Section 2 below, CYRC agrees not to negotiate with any other person or entity regarding development of the Property without the consent of Developer. Nothing in this Agreement shall be deemed a covenant, promise or commitment by CYRC, the City of Chula Vista, or any agency of the City, with respect to the acquisition of property or the approval of development. CYRC's acceptance of this Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by Agency as to any actions required of it. B. Notwithstanding the foregoing, Developer acknowledges that Agency may receive from time to time, unsolicited alternative proposals for the development of the Property. Agency shall endeavor to notify Developer within ten days after receiving an unsolicited alternative development proposal for all or any portion of the Property. Agency and Developer shall confer in good faith to assess the benefits of the unsolicited proposal. 2. Negotiation Period A. CYRC and Developer agree to negotiate for an initial 300 days which shall commence on the Effective Date unless earlier terminated in accordance with the provisions hereof ("Initial Negotiation Period"). B. If, upon the expiration of such Initial Negotiation Period, the Parties have not each approved and executed a DDA, then the Chief Executive Officer of the CYRC ("CEO"), in his or her sole discretion, on behalf of the CYRC, is authorized to extend the term of this Agreement for up to an additional 90 days ("Extended Negotiation Period") provided that at the end of the Initial Negotiation Period, the CYRC has not exercised its right to terminate as herein provided, the Developer is in full compliance with all terms and conditions hereof, the Developer concurs with such extension of the negotiation period, and the CEO has determined that there is a reasonable likelihood that the Developer will agree to terms and conditions for the development of the Project on the - 2 - 4.--- J- 'l Property required for the development of the Project that Agency staff will be able to recommend approval of the DDA to Agency prior to the expiration of the Extended Negotiation Period. C. If, after expiration of the Initial Negotiation Period, or after the Extended Negotiation Period if this Agreement is extended, the Parties have not each approved and executed a DDA, then this Agreement shall automatically terminate and Developer shall have no further rights regarding the subject matter of this Agreement or the Property, and Agency shall be free to negotiate with any other persons or entities with regard to the Property. 3. Obligations of Developer A. Schedule CYRC and Developer agree and acknowledge that all submittals required by this Agreement shall be submitted pursuant to the timeline attached hereto as Exhibit "B." Exhibit "B" may be amended administratively by the CEO as needed and with the concurrence of the Developer in writing, provided the timeline does not exceed the Initial Negotiation Period or the Extended Negotiation Period, if applicable. B. Development and Design Plans During the negotiation period, Developer shall submit development and design plans for the Project. Developer shall also furnish such information to CYRC regarding the Project as may be required by CYRC and/or City to perform an environmental review pursuant to the California Environmental Quality Act (CEQA). All fees and expenses for engineers, architects, financial consultants, legal, plarming or other consultants retained by Developer to perform Developer's obligations set forth in this Agreement shall be the sole responsibility of Developer. C. Reports, Studies and Public Participation Developer shall make written reports to the CYRC on the Developer's progress toward meeting its obligations under this Agreement and oral progress reports on all matters and all studies being made related to the acquisition and development of the Project and other matters under negotiation to the extent that they do not include confidential matters, as requested. As CYRC deems reasonably necessary or appropriate, presentations may be requested at public forums to solicit input from citizens, businesses, stakeholders and relevant interest groups. L{--l,\ - 3 - D. Financing Developer shall, consistent with Exhibit "B," develop a program of financing that provides the CYRC with reasonably satisfactory evidence that financing will be available for acquisition and development of the Property. E. Deposit Developer deposited $25,000 ("ENA Deposit") with Agency in May 2006 for a previous ENA, which has since been terminated, on a site known as Church and Madrona northwest (APN 568-351-04-00 and 568-351-05-00). CYRC shall continue to use the remaining balance ($25,000) of the previous ENA deposit to conduct project analysis for this Agreement, including but not limited to paying for third party consultants, City/Agency staff time (at applicable full cost recovery rates), and other reasonable costs incurred by the CYRC and Agency in conducting such analysis. CYRC shall request additional deposits if the ENA Deposit is exhausted and CYRC determines further analysis is required. CYRC may cease negotiations and all activities of third party consultants until such time as ENA Deposit is replenished as reasonably requested by CYRC. Any deposit balance remaining upon the termination of the Agreement, less any interest earned on said deposit, shall be returned to Developer or shall be applied to any deposit required by a subsequent DDA. 4. CYRC Obligations and Due Diligence A. During the Negotiation Period, the CYRC shall conduct a due diligence investigation of the Developer's ability to purchase, own and/or operate the Project in a responsible manner. If the CEO determines in his sole discretion that Developer does not have the ability to successfully purchase, own, and/or manage the Project in a responsible manner, the CEO may terminate this Agreement by delivering written notice thereof to Developer. CYRC's due diligence efforts may include, without limitation, the following: 1. Assessment of the proposed financing and the capacity of Developer to qualify for financing for the Project; and 2. Assessment of the capacity of Developer and their principal staff to effectively own and/or manage the Project, including the ability to carry out any ongoing management oversight responsibilities B. CYRC agrees to cooperate with Developer in providing equity partner(s) and/or lender(s) of Developer with appropriate and necessary information for the Developer to fulfill its obligations hereunder, which information is not otherwise privileged. C. CYRC shall also cooperate with Developer's professional consultants and associates in providing them with any information and assistance, so far as such information is not otherwise privileged, reasonably within the capacity, possession or control of the CYRC in connection with the preparation of the Developer's submissions to the CYRC. -4- -'1-~ D 5. DDA The Parties hereby acknowledge and agree that, during the Initial Negotiation Period and, if applicable, the Extended Negotiation Period, the Parties shall use their respective good faith efforts to negotiate and enter into a DDA which shall include (but not be limited to) the following: (i) the design of the Project by the Developer, which design shall be subject to the approval by the CYRC and/or City, (ii) the construction of the Project by the Developer in accordance with final plans and specifications to be provided by the Developer and approved by the CYRC and/or City, pursuant to a detailed schedule of performance by the Developer, (iii) the operation and management of the Project by the Developer in a good and professional manner and subject to the covenants required by law, (iv) the maintenance of landscaping, buildings, and improvements in good condition and satisfactory state of repair so as to be attractive to the community, (v) the operation of the Proj ect by the Developer in compliance with all equal opportunity standards established by federal, state and local law, (vi) provision by each contractor and/or subcontractor (as the case may require and as appropriate) performing work on the Project of the requisite performance bond and labor and materials payment bond to assure completion of the Project free of mechanics' liens, (vii) the Project shall be of a quality consistent with plans and renderings provided by Developer and approved by the CYRC, (viii) the terms and conditions upon which Developer shall acquire the parcel(s), (ix) the terms and conditions upon which either party may terminate the DDA (e.g., the discovery of environmental issues/hazardous substances on the Site, unexpected development or construction costs, inability to acquire parcels), (x) the terms and conditions upon which Developer may have a first right of refusal to purchase property at 250 and 354 Church Avenue. 6. ADDITIONAL TERMS AND OBLIGATIONS A. Real Estate Commissions. Neither CYRC nor Developer shall be liable for any real estate commission or brokerage fees which may arise herefrom. CYRC and Developer represent that they have engaged no broker, agent or finder separately in connection with this transaction and each party agrees to indemnify, hold harmless and defend the other against claims for commissions or fees made through such party. B. Each Party to Bear its Own Cost. Each party shall bear its own costs incurred in connection with the negotiation of a DDA, and the implementation of this Agreement, except as otherwise expressly provided herein or expressly agreed in writing. C. Confidentiality. 4,.-~ \ - 5 - CVRC and Developer recognize that disclosures made by Developer pursuant to this Agreement may contain sensitive information and that the disclosure of such information to third parties could impose commercially umeasonable and/or uncompetitive burdens on Developer and, may correspondingly, diminish the value or fiscal benefit that may accrue to the CVRC upon the redevelopment of the Property by the Developer, if a future DDA is entered into by the Parties. Developer acknowledges and agrees that CVRC is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public. Accordingly, any information provided by Developer to CVRC with respect to the Property, the Project or Developer may be disclosed to the public either purposely, inadvertently, or as a result of a public demand or order. With respect to any information provided that Developer reasonably deems and identifies in writing as proprietary and confidential in nature, CVRC agrees to exercise its best efforts to keep such information confidential. In addition, if CVRC determines that it is required under applicable law to disclose any information identified by Developer as proprietary and confidential in nature, CVRC shall notifY Developer at least three business days before disclosure of such information which will provide Developer the opportunity to seek a protective order preventing such disclosure. Notwithstanding the above, CVRC's failure to provide said notice shall not constitute a breach of this agreement or grounds for a claim or cause of action of any nature against the CVRC as a result of the release of said claimed proprietary or confidential information. D. Assignment I. CVRC would not have entered into this Agreement but for Developer's unique qualifications and experience. Therefore, Developer's rights and obligations under this Agreement may not be assigned without the prior written approval ofCVRC in its sole discretion. Notwithstanding the foregoing, subject to the prior written approval of the CEO, Developer may assign its rights hereunder to a new entity comprised of the Developer for purposes of developing the Project. Such new entity may include additional parties provided that the Developer retains responsibility for fulfilling its obligations hereunder and Developer retains management control and authority over the entity and the Project. 2. Upon the occurrence of any change, whether voluntary or involuntary, in membership, ownership, management or control of the Developer (other than such changes occasioned by the death or incapacity of any individual) that has not been approved by the CVRC, prior to the time of such change, the CVRC may terminate this Agreement, without liability, by sending written notice of termination to Developer. Developer shall not discriminate against nor segregate any person, or group of persons on account of race, color, creed, religion, sex, marital status, disability, national origin or ancestry in undertaking its obligations under this Agreement. 7. RETENTION OF DISCRETION A. By its execution of this Agreement, CYRC is not committing itself or agreeing to undertake any activity requiring the subsequent exercise of discretion by CYRC, Agency or City, or any department thereof including, but not limited to, the approval and execution of a DDA; the proposal, amendment, or approval of any land use regulation governing the Property; the provision of financial assistance for the development of any public or private interest in real property; the authorization or obligation to use the Agency's eminent domain authority; or, any other such activity. B. Developer understands and agrees that the CYRC, Agency and City, in their respective legislative roles, reserve the right to exercise their discretion as to all matters which the CYRC, Agency and City are by law entitled or required to exercise such discretion, including but not limited to, Entitlements for the development of the Property and adoption of any amendments to policy documents (including the General Plan, Urban Core Specific Plan and Redevelopment Plans). In addition, Developer understands and agrees that the Entitlements and any other documents shall be subject to and brought to the CYRC, Agency or City, as appropriate, for consideration in accordance with applicable legal requirements, including laws related to notice, public hearings, due process and the California Environmental Quality Act. C. Developer acknowledges that any plans processed for the Property will be based upon the current General Plan and Zoning Code of the City. Additionally, Developer acknowledges that the City is still in the process of completing portions of the Urban Core Specific Plan ("UCSP"). Developer acknowledges and agrees that the City may consider a number of development alternatives for the Property for consideration by the City Council as part of City's UCSP process. Developer further acknowledges that the City is currently in litigation over the UCSP and that said litigation could affect the Property and the Developer's interests therein. Developer agrees and acknowledges that the processing, adoption and/or amendment of the General Plan or the UCSP by the City is not a consideration in its proceeding with this Agreement or the proposed development project and Developer may need to request amendments to the General Plan or UCSP. The General Plan and UCSP are legislative actions and this agreement does not limit or in any way interfere with the City Council's ability to exercise their discretionary authority as it relates to these or any other legislative actions. Developer acknowledges and agrees that the exercise of the City's legislative discretion, whether by the City Council's own actions or pursuant to or as a result of any litigation shall not form the basis of breach of this Agreement, express or implied, or any other claims against the City. 4--':?:J - 7- D. This Agreement does not constitute a disposition of property or exercise of control over property by CVRC and does not require a public hearing. CVRC execution of this Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by Agency as to any proposed DDA and all proceedings and decisions in connection therewith. The parties understand that Agency has the complete and unfettered discretion to reject a DDA without explanation or cause. The risk of loss of all processing, design and developmental costs incurred by the Developer prior to DDA approval shall be absorbed entirely by Developer except unless expressly assumed, by the terms of this Agreement by the CVRe. As to any matter in which the CVRC and/or Agency may be required to exercise its unfettered discretion in advancing the Project to completion, nothing herein shall obligate the CVRC and/or Agency to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be deemed to constitute a breach of CVRC duties under this agreement. 8. TERMINATION RIGHTS Notwithstanding the Initial or Extended Negotiating Periods hereinabove set forth, either party may terminate this Agreement if the other party has materially defaulted in its obligations herein set forth, and the terminating party has provided defaulting party with written notification of such determination, and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. Defaulting party shall have 30 days from the date of the written notification to cure such default. If such default is not cured within the 30 days, the termination shall be deemed effective. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Each party shall also have the right to terminate this Agreement in the event that CVRC or Developer determines that (a) the Project is infeasible or not in the public interest; or (b) the parties reach an impasse in their negotiation of the DDA which cannot be resolved after good faith efforts. 9. GENERAL PROVISIONS A. Address for Notice. Developer's Address for Notice: Voyage, LLC 4441 Park Blvd. San Diego, CA 92116 Attention: James Brown Telephone: 619-682-4083 Fax: 619-682-4084 4--~4 - 8- CVRe's Address for Notice: City ofChula Vista - CVRC Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Community Development Telephone: (619) 691-5047 Fax: (619) 476-5310 Copy to: City Attorney B. Authority. Each party represents that it has full right, power and authority to execute this Agreement and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Agreement on the behalf of such party are duly authorized agents with authority to do so. C. Counterparts. This Agreement may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one Agreement after each party has signed such a counterpart. D. Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. E. Further Assurances. The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. F. No Third Party Beneficiaries. There are no other parties to this Agreement, express or implied, direct or indirect. CVRC and Developer acknowledge that it is not their intent to create any third party beneficiaries to this Agreement. G. Exclusive Remedies. -1,- ')6' - 9- I. In the event of default by either party to this Agreement, the parties shall have the remedies of specific performance, mandamus, injunction and other equitable remedies. Neither party shall have the remedy of monetary damages against the other; provided, however, that the award of costs of litigation and attorneys' fees shall not constitute damages based upon breach of this Agreement where such an award is limited to reasonable costs of litigation incurred by the Parties. 2. Each party acknowledges that it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement with debtor. California Civil Code Section 1542 notwithstanding, it is the intention of the Parties to be bound by the limitation on damages and remedies set forth in this Section 7G, and the Parties hereby release any and all claims against each other for monetary damages or other legal or equitable relief related to any breach of this Agreement, whether or not any such released claims were known to either of the Parties as of the date of this Agreement. The Parties each waive the benefits of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect with regard to the limitations on damages and remedies and waivers of any such damage and remedies contained in this Section 7G. H. Indemnity. Developer shall indemnify, protect, defend and hold harmless CYRC, City and Agency, its elected officials, employees and agents from and against any and all challenges to this Agreement, or any and all losses, liabilities, damages, claims or costs (including attorneys' fees) arising from Developer's negligent acts, errors, or omissions with respect its obligations hereunder or the Property, excluding any such losses arising from the sole negligence or sole willful misconduct of CYRC, City or Agency or the conduct of third parties outside the control of the Developer. This indemnity obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, in the event of a third party challenge to the validity of this Agreement, Developer shall have the option to terminate this Agreement in lieu of its indemnity obligation. I. Time is of the Essence. Time is of the essence for each of Developer's obligations under this Agreement. [NEXT PAGE IS SIGNATURE PAGE] 4""" 3 ~ -10 - Signature Page To Exclusive Negotiating Agreement IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date set forth above, thereby indicating the consent of their principals. CHULA VISTA REDEVELOPMENT CORPORATION VOYAGE, LLC A California Limited Liability Company By: By: James Brown Managing Partner Chair Date: Date: By: James Gates Managing Partner Date: APPROVED AS TO FORM: By: Ann Moore General Counsel Date: ATTEST: Ann Hix Secretary 4r~\ ~ Merged Bayfrant /Town Centre I Project Area Merged Chula Vista Project Area Church & Davidson - Northwest Voyage, LLC o ~,-~Q Voyage, llC EXHIBIT "B" Exclusive Negotiating Agreement Timeline MILESTONE DESCRIPTION Within 30 Days of ENA Execution Title Report Agency issues a Preliminary Title Report on the subject Property to the Developer. Within 60 Days of ENA Execution Pre-submittal Developer coordinates with city departments on initial project submittal to address Meeting with staff issues and objectives as preparation for RAC #1. RAC#l Developer presents preliminary design to the Redevelopment Advisory Committee for public input. Within 90 Days of ENA Execution Full Project Submittal/ Developer submits full project proposal (in accordance with established guidelines in Completeness Check Urban Core Development Permit User Guide), based on pre-design review with staff and public input received at RAC #1. Initial Pro Forma Developer submits initial pro forma evaluation for the proposed development. Project Development Developer submits projected timeline and schedule for the construction of the Schedule proposed development. Site Adequacy Developer provides written determination of whether the subject Property is physically suitable for development taking into account regulatory and environmental conditions that are deemed relevant. Within 45 Days of Full Project Submittal/Completeness Check RAC #2 Developer presents revised development proposal to Redevelopment Advisory Committee. Within 90 Days of Full Project Submittal/Completeness Check Final Site Plans and Developer submits final development proposal. Elevations Final Pro Forma Developer submits revised proforma based on any changes to development proposal. Development Partners Developer submits letter identifying investment partners. and Structure Funding Partners and Developer submits letter identifying lenders and proof of ability to obtain financing. Structure Within 120 Days of Full Project Submittal/Completeness Check CVRC Presentation (developer may participate) of final development proposal and revised Disposition and Development Agreement (DDA) for review and consideration. CVRC approves/entitles project and adopts advisory recommendations for Agency and/or Council consideration on DDA. Within 45 Days of CVRC Hearing Redevelopment Presentation of DDA to Agency and/or Council for final review and consideration. Agency / City Council 4 ,-,~~ From: 08/08/2007 18:13 ~420 P.002/007 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 disciosure 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: ,. List the names of all persons having a financial interest in the property that is the subject of the application or the ~ 0 e~ a~cant, contractor, subcontractor, matarial supplier. , 2. If eny person" Identified pursuant to (1) abova is a corporation or partnership, list the names of all individuals with a $2000 investment In the business (corporation/partnership) entity. .~~~~ 3. If any person" identified pursuant to (1l above Is a non-pnofil organization or trus~ list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. v-J ltt . 4. Plaase identiry every person, including any agents, employees, consultants, or Independent contrectors you have assigned to represent you before the City in this matter. ::si :hmeh~ ~ 5. Has any person' associated with this contract hed any financial dealings wi\ll an official" of the City of Chula Visla as ~ reletes to this contract within the past 12 months. Yes_ No~ If Yes. briefly describe tha nature of the financial Interest the official- may heve in this contract. 6. Have you mede a contribul~t{f more than $250 w~in the past twelve (12) month. to a current member of the Chula Vista City Cou"cll? Nr Yes _ if yes, which Council membar? "\-- 4 U From: 08/08/2007 16:13 11420 P.003/007 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 (~)I"'OnlhS? (This includes being a sourca of incoma, money to retire a legal debt, gift, loan, etc.) Yes - NO-r- If Yes, which official" and what waslhe nature of ttem provided? Dete: Print or type name of Contractor/Applicant . Penlon is defined as: any individual, firm, co-partnarshlp, joint venture, association, sociai 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, bulis not limtted to: Mayor, Council member, Chule Vista Redevelopment Corporation mamber, Planning Commissioner, member of a board, commission, or committee of the City, employee, or staff members. September 8, 2006 A-.I-\ , i I 'I I i I CVRC RESOLUTION NO. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH CITYMARK COMMUNITIES LLC FOR CITY-OWNED PROPERTY LOCATED ON THE NORTHEAST CORNER OF LANDIS AVENUE AND DAVIDSON STREET WHEREAS, it is the role and responsibility of the Chula Vista Redevelopment Corporation ("CVRC") and the Redevelopment Agency of the City of Chula Vista ("Agency") 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 in the City of Chula Vista; and WHEREAS, an Exclusive Negotiating Agreement ("EN A") is an important redevelopment tool to the Agency to establish a legal and contractual framework for negotiations and provide a defined timeline for completion of predevelopment activities with a developer on a potential redevelopment project; and WHEREAS, CityMark Communities LLC ("Developer") is interested in developing a residential development project on City-owned property located at the northeast corner of Landis A venue and Davidson Street, consisting of Assessor Parcel Numbers 568-044-0900, 568-044- 1000, and 568-044-1100 ("Property"), located in the Agency's Town Centre I Redevelopment Project Area; and WHEREAS, CVRC support staff has determined that Developer is qualified to design and develop a high quality project at the proposed development site that is consistent with the goals of the Agency's adopted Redevelopment Plan for the Town Centre I Redevelopment Project Area; and WHEREAS, the Chula Vista Redevelopment Corporation ("CVRC") became a legal entity on June 15,2005, and became operational on February 23, 2006; and WHEREAS, the CVRC is authorized under Chapter 2.55.060 of the Chula Vista Municipal Code ("CVMC") to approve exclusive negotiating agreements within redevelopment project areas on behalf of the Agency; and WHEREAS, it is in the interest of the Chula Vista Redevelopment Agency and the City of Chula Vista for the Chula Vista Redevelopment Corporation to execute and enter into an ENA with Developer for the proposed development site based on Developer's qualifications; and WHEREAS, approval of the ENA is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the State CEQA Guidelines; and ~,A--l CVRC Resolution No. 2007- Page 2 WHEREAS, state law and locally-adopted owner partIcIpation rules provide for the extension of owner participation rights to all property owners who would be affected by the proposed development; and WHEREAS, no owner participation process is required as the Property is owned by the City ofChula Vista. NOW THEREFORE BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby approve the Exclusive Negotiating Agreement with CityMark Communities LLC for City-owned property located at the northeast corner of Landis A venue and Davidson Street, and authorizes the Chair to execute said Agreement. presen?: I) . {;~ )(v' Ann Hix / Secretary Approved as to form by ~.(1 --- 1- CVRC RESOLUTION NO. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH VOYAGE, LLC FOR DEVELOPMENT OF THE CHURCH AVENUE AND DAVIDSON STREET NORTHWEST SITE WHEREAS, it is the role and responsibility of the Chula Vista Redevelopment Corporation ("CVRC") and the Redevelopment Agency of the City of Chula Vista ("Agency") 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 in the City of Chula Vista; and WHEREAS, an Exclusive Negotiating Agreement ("ENA") is an important redevelopment tool to the Agency to establish a legal and contractual framework for negotiations and provide a defined timeline for completion of predevelopment activities with a developer on a potential redevelopment proj ect; and WHEREAS, Voyage, LLC ("Developer") is interested in developing a residential project on City-owned property located at the northwest corner of Church Street and Davidson Street, consisting of Assessor Parcel Numbers 568-071-19-00 and 568-071-18-00 ("Property"), located in the Agency's Town Centre I Redevelopment Project Area; and WHEREAS, CVRC support staff has determined that Developer is qualified to design and develop a high quality project at the proposed development site that is consistent with the goals of the Agency's adopted Redevelopment Plan for the Town Centre I Redevelopment Proj ect Area; and WHEREAS, the Chula Vista Redevelopment Corporation ("CVRC") became a legal entity on June 15,2005, and became operational on February 23, 2006; and WHEREAS, the CVRC is authorized under Chapter 2.55.060 of the Chula Vista Municipal Code ("CVMC") to approve exclusive negotiating agreements within redevelopment proj ect areas on behalf of the Agency; and WHEREAS, it is in the interest of the Chula Vista Redevelopment Agency and the City of Chula Vista for the Chula Vista Redevelopment Corporation to execute and enter into an ENA with Developer for the proposed development site based on Developer's qualifications; and WHEREAS, approval of the ENA is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the State CEQA Guidelines; and A. b- \ CVRC Resolution No. 2006-020 Page 2 WHEREAS, state law and locally-adopted owner partIcIpation rules provide for the extension of owner participation rights to all property owners who would be affected by the proposed development; and WHEREAS, no owner participation process is required as the Property is owned by the City of Chula Vista. NOW THEREFORE BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby approve the Exclusive Negotiating Agreement with Voyage, LLC for City-owned property located at Church Avenue and Davidson Street Northwest and authorizes the Chair to execute said Agreement. Presented)>': / . /\ I / / } J if-tV!' .--/jfY Ann Hix Secretary Approved as to form by A ~^( Genera /\u ~ J.- B -23-01 1-\eM. 4-A ~e.Jrse.J- EXCLUSIVE NEGOTIATING AGREEMENT This Exclusive Negotiating Agreement ("Agreement"), dated as of this 23rd day of August, 2007 ("Effective Date"), is made by and between the Chula Vista Redevelopment Corporation, a California nonprofit, public benefit corporation ("CVRC"), on behalf of and for the Redevelopment Agency of the City of Chula Vista, a public body, corporate and politic ("Agency"), and CityMark Communities, LLC, a California limited liability company ("Developer"), with reference to the following facts: RECIT AL$ In furtherance of the objectives of the California Community Redevelopment Law, the Agency has undertaken a program for the redevelopment of certain areas within the City of Chula Vista ("City"), and in connection therewith is undertaking and carrying out activities for redevelopment in the Town Centre I Redevelopment Project Area ("Project Area") pursuant to and in furtherance of the redevelopment plan for the Project Area ("Redevelopment Plan"). The subject matter of this Agreement concerns that certain real property located within the Project Area as depicted on Exhibit "A" hereto ("Property"). The Property consists of three parcels encompassing approximately 29,319 square feet of territory located on the northeast corner of Landis Avenue and Davidson Street in the City of Chula Vista (Assessor Parcel Numbers 568-044-0900, 568-044-1000, 568-044-1100). The Developer is proposing to develop an urban residential condominium development ("Project") and desires to negotiate a Disposition and Development Agreement ("DDA") with the Agency. After a competitive Request for Qualifications/Proposal selection process conducted by the Agency for the Property in 2005, the Agency selected the Developer as a qualified entity with which to negotiate terms for an agreement for development of the Property. Based on those qualifications, the CVRC desires to enter into this Agreement with the Developer with the objective of determining the feasibility of the proposed project and consideration of entering into a mutually acceptable DDA for the development of the Property consistent with the terms and conditions of this Agreement at the earliest practical date. The Developer anticipates that, following execution of this Agreement and through the period of negotiation and preparation of a DDA with respect to the Project, it will devote substantial time and effort in preparing plans, preparing proj ect pro formas, contacting financial institutions, engaging appropriate consultants, and meeting with the Agency and various other necessary third parties in connection with the proposed Project, and in negotiating and preparing a DDA consistent with the basic terms and mutual understandings established in this Agreement. The CVRC and the Developer ("Parties") desire to enter into this Agreement in order to set forth the rights and duties of the Parties during the term of the Exclusive Negotiating Period. -1- Now, therefore, the Parties mutually agree as follows: 1. GOOD FAITH NEGOTIATIONS A. CVRC and Developer agree (pursuant to Section 2.A) to negotiate in good faith pursuant to the terms of this Agreement, a DDA or other form of agreement or agreements to be entered into between the Agency and Developer concerning the purchase and development of the Property by Developer. During the negotiation period pursuant to Section 2 below, CVRC agrees not to negotiate with any other person or entity regarding development of the Property without the consent of Developer. Nothing in this Agreement shall be deemed a covenant, promise or commitment by the CVRC, the Agency, !he City of Chula Vista, or any agency of the City, with respect to the acquisition of property or the approval of the development project. CVRC's acceptance of this Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by Agency as to any actions required of it. B. Notwithstanding the foregoing, Developer acknowledges that Agency may receive from time to time, unsolicited alternative proposals for the development of the Property. Agency shall notifY Developer within ten days after receiving an unsolicited development proposal for all or any portion of the Property. Agency and Developer shall confer in good faith to assess the benefits of the unsolicited proposal. 2. NEGOTIATION PERIOD A. CVRC and Developer agree to negotiate for an initial period of three hundred (300) days which shall commence on the Effective Date unless earlier terminated in accordance with the provisions hereof ("Initial Negotiation Period"). B. If, upon the expiration of such Initial Negotiation Period, the Parties have not each approved and executed a DDA, then the Chief Executive Officer of the CVRC ("CEO"), in his or her sole discretion, on behalf of the CVRC, is authorized to extend, in writing, the term of this Agreement for up to an additional ninety days (90) days ("Extended Negotiation Period") provided that at the end of the Initial Negotiation Period, neither the CVRC nor the Developer has exercised its right to terminate as provided herein and the Developer is in full compliance with all terms and conditions hereof, the Developer concurs with such extension of the negotiation period, and the CEO has determined that there is a reasonable likelihood that the Developer will agree to terms and conditions for the development of the Project on the Property that Agency staff will be able to recommend approval of the DDA to the Agency prior to the expiration of the Extended Negotiation Period. C. If, after expiration of the Initial Negotiation Period, or after the Extended Negotiation Period if this Agreement is extended, the Parties have not each approved and executed a DDA, then this Agreement shall automatically terminate and Developer shall have no further rights regarding the subject matter of this Agreement or the Property, and Agency shall be free to negotiate with any other persons or entities with regard to the Property. - 2- 3. OBLIGATIONS OF DEVELOPER A. Schedule CVRC and Developer agree and acknowledge that all submittals required by this Agreement shall be submitted pursuant to the timeline attached hereto as Exhibit "B." Exhibit "B" may be amended administratively by the CEO as needed and with the concurrence of the Developer in writing, provided the timeline does not exceed the Initial Negotiation Period or the Extended Negotiation Period, if applicable. B. Development and Design Plans During the negotiation period, Developer shall submit development and design plans for the Project as described in Exhibit "B." Developer shall also furnish such information to CVRC regarding the Project as may be required by CVRC and/or City to perform an environmental review pursuant to the California Environmental Quality Act ("CEQA"). All fees and expenses for engineers, architects, financial consultants, legal, planning or other consultants retained by Developer to perform Developer's obligations set forth in this Agreement shall be the sole responsibility of Developer. C. Reports, Studies and Public Participation Developer shall make written reports to the CVRC on the Developer's progress toward meeting its obligations under this Agreement as requested by the CVRC, and if requested by the CVRC, Developer shall make periodic oral progress reports on all matters and all studies being made related to the acquisition of the Property and development of the Project and other matters under negotiation to the extent that they do not include confidential matters. As CVRC deems reasonably necessary or appropriate, presentations may be requested at public forums to solicit input from citizens, businesses, stakeholders and relevant interest groups. D. Financing Developer shall, consistent with Exhibit "B," develop a program of financing that provides the CVRC with reasonably satisfactory evidence that financing will be available for acquisition and development of the Property. E. Deposit Developer previously deposited with the Agency in 2005 an amount of Twenty Five Thousand Dollars ($25,000) in immediately available funds ("ENA Deposit") for project analysis, following the execution of an ENA for the site known as Landis Avenue South (Assessor Parcel Numbers 568-152-2300, 568-152-2400, 568-152-2500, 568-152-2600, 568- 152-2700, 568-152-2900, 568-152-0100, 568-152-0200, 568-152-0300) on July 18, 2005. CVRC shall continue to utilize the remaining balance of the previous ENA Deposit to conduct project analysis for this Agreement including, but not limited to, payment for third party - 3- consultants, City/Agency staff time (at applicable full cost recovery rates), and other reasonable costs incurred by the CYRC and Agency in conducting such analysis. CYRC shall request additional deposits if the ENA Deposit is exhausted and CYRC determines further analysis is required. CYRC may cease negotiations and all activities of third party consultants until such time as ENA Deposit is replenished as reasonably requested by CYRC. Any deposit balance remaining upon the termination of the Agreement, less any interest earned on said deposit, shall be returned to Developer or shall be applied to any deposit required by a subsequent DDA. 4. CYRC OBLIGATIONS AND DUE DILIGENCE A. During the Negotiation Period, CYR~ shall conduct a due diligence investigation of the Developer's ability to purchase, own and/or operate the Project in a responsible manner. If the CEO determines in his or her sole discretion that Developer does not have the ability to successfully purchase, own, and/or manage the Project in a responsible manner, the CEO may terminate this Agreement by delivering written notice thereof to Developer. CYRe's due diligence efforts may include, without limitation, the following: 1. Assessment of the proposed financing and the capacity of Developer to qualifY for financing for the Project; and 2. Assessment of the capacity of Developer and its principal staff to effectively own and/or manage the Project, including the ability to carry out any ongomg management oversight responsibilities. B. CYRC agrees to cooperate with Developer in providing equity partner(s) and/or lender(s) of Developer with appropriate and necessary information for the Developer to fulfill its obligations hereunder, which information is not otherwise privileged. C. CYRC shall also cooperate with Developer's professional consultants and associates in providing them with any information and assistance, so far as such information is not otherwise privileged, reasonably within the capacity, possession or control of the CYRC in connection with the preparation of the Developer's submissions to the CYRC. 5. DDA The Parties hereby acknowledge and agree that, during the Initial Negotiation Period and, if applicable, the Extended Negotiation Period, the Parties shall use their respective good faith efforts to negotiate and enter into a DDA which shall include (but not be limited to) the following: (i) the design of the Project by the Developer, which design and any required permits shall be subject to the approval by the CYRC and/or City, (ii) the construction of the Project by the Developer in accordance with final plans and specifications to be provided by the Developer and approved by the CYRC and/or City, pursuant to a detailed schedule of performance by the Developer, (iii) the operation and management of the Project by the Developer in a good and professional manner and subject to the covenants required by law, (iv) the maintenance of landscaping, buildings, and improvements in good condition and satisfactory state of repair so as to be attractive to the community, (v) the operation of the Project by the Developer in compliance with all equal opportunity standards established by federal, state and local law, (vi) provision by each contractor and/or subcontractor (as the case may require and as appropriate) - 4- performing work on the Project of the requisite performance bond and labor and materials payment bond to assure completion of the Project free of mechanics' liens, (vii) the Project shall be of a quality consistent with plans and renderings provided by Developer and approved by the CVRC, (vii) the terms and conditions upon which Developer shall acquire the Property and (viii) the terms and conditions upon which either party may terminate the DDA (e.g., the discovery of environmental issues/hazardous substances on the Property, unexpected development or construction costs). 6. ADDITIONAL TERMS AND OBLIGA nONS A. Real Estate Commissions Neither CVRC nor Developer shall be liable for any real estate commission or brokerage fees which may arise herefrom except for a commission payable by Developer to Voit Commercial Brokerage pursuant to a separate written agreement. eVRC and Developer represent that they have not engaged any other broker, agent or finder in connection with this transaction and each party agrees to indemnify and hold the other party free and harmless from and defend the other against claims for commissions or fees made through such party and against any damage or expense the other party may incur by reason of the untruth as to the warranting party of the foregoing warranty, including expenses for attorney's fees and court costs. B. Each Party to Bear its Own Cost Each party shall bear its own costs incurred in connection with the negotiation of a DDA, and the implementation of this Agreement, except as otherwise expressly provided herein or expressly agreed in writing. C. Confidentiality CVRC and Developer recognize that disclosures made by Developer pursuant to this Agreement may contain sensitive information and that the disclosure of such information to third parties could impose commercially unreasonable and/or uncompetitive burdens on Developer and, may correspondingly, diminish the value or fiscal benefit that may accrue to the CVRC upon the redevelopment of the Property by the Developer, if a future DDA is entered into by the Parties. Developer acknowledges and agrees that CVRC is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public. Accordingly, any information provided by Developer to CVRC with respect to the Property, the Project or Developer may be disclosed to the public either purposely, inadvertently, or as a result of a public demand or order. With respect to any information provided that Developer reasonably deems and identifies in writing as proprietary and confidential in nature, CVRC agrees to exercise its best efforts to keep such information confidential. In addition, if CVRC determines that it is required under applicable law to disclose any information identified by Developer as proprietary and confidential in nature, CVRC shall notify Developer as least three business days before disclosure of such information which will provide Developer the opportunity to seek a protective order preventing such disclosure. .5. D. Assignment 1. CVRC would not have entered into this Agreement but for Developer's unique qualifications and experience. Therefore, Developer's rights and obligations under this Agreement may not be assigned without the prior written approval of CVRC in its sole discretion. Notwithstanding the foregoing, subject to the prior written approval of the CEO, Developer may assign its rights hereunder to a new entity formed by the Developer for purposes of developing the Project. Such new entity may include additional parties provided that the Developer retains responsibility for fulfilling its obligations hereunder and Developer retains management control and authority over the entity anq the Project. 2. Upon the assignment sale or transfer, whether voluntary or involuntary, of more than fifty percent (50%) of the membership, ownership, management or control of the Developer (other than such changes occasioned by the death or incapacity of any individual) that has not been approved by the CVRC, prior to the time of such change, the CVRC may terminate this Agreement, without liability, by sending written notice oftermination to Developer. E. Nondiscrimination Developer shall not discriminate against nor segregate any person, or group of persons on account ofrace, color, creed, religion, sex, marital status, disability, national origin or ancestry in undertaking its obligations under this Agreement. 7. RETENTION OF DISCRETION A. By its execution of this Agreement, CVRC is not committing itself or agreeing to undertake any activity requiring the subsequent exercise of discretion by CVRC, Agency, or City, or any department thereof including, but not limited to, the approval and execution of a DDA; the proposal, amendment, or approval of any land use regulation governing the Property; the provision of financial assistance for the development of any public or private interest in real property; the authorization or obligation to use the Agency's eminent domain authority; or, any other such activity. B. Developer understands and agrees that the CVRC, Agency, and City, in their respective legislative roles, reserve the right to exercise their discretion as to all matters which the CVRC, Agency, and City are by law entitled or required to exercise such discretion, including but not limited to, entitlements or permits for the development of the Property and adoption of any amendments to policy documents (including the General Plan, Urban Core Specific Plan, and Redevelopment Plans). In addition, Developer understands and agrees that the entitlements and any other documents shall be subject to and brought to the CVRC, Agency, or City, as appropriate, for consideration in accordance with applicable legal requirements, including laws related to notice, public hearings, due process, and the California Environmental Quality Act. - 6. C. Developer acknowledges that any plans processed for the Property will be based upon the current General Plan and Zoning Code of the City. Additionally, Developer acknowledges that the City is still in the process of completing portions of the Urban Core Specific Plan ("UCSP"). Developer acknowledges and agrees that the City may consider a number of development alternatives for the Property for consideration by the City Council as part of City's UCSP process. Developer further acknowledges that the City is currently in litigation over the UCSP and that said litigation could affect the Property and the Developer's interests therein. Developer agrees and acknowledges that the processing, adoption and/or amendment of the General Plan or the UCSP by the City is not a consideration in its proceeding with this Agreement or the proposed development project and Developer may need to request amendments to the General Plan or UCSP. The Ge,l1eral Plan and UCSP are legislative actions and this agreement does not limit or in any way interfere with the City Council's ability to exercise their discretionary authority as it relates to these or any other legislative actions. Developer acknowledges and agrees that the exercise of the City's legislative discretion, whether by the City Council's own actions or pursuant to or as a result of any litigation shall not form the basis of breach of this Agreement, express or implied, or any other claims against the City. D. This Agreement does not constitute a disposition of property or exercise of control over property by CVRC and does not require a public hearing. CVRC execution of this Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by Agency as to any proposed DDA and all proceedings and decisions in connection therewith. The parties understand that Agency has the complete and unfettered discretion to reject a DDA without explanation or cause. The risk of loss of all processing, design and developmental costs incurred by the Developer prior to DDA approval shall be absorbed entirely by Developer except unless expressly assumed, by the terms of this Agreement by the CVRC. As to any matter which the CVRC and/or Agency may be required to exercise its unfettered discretion in advancing the Project to completion, nothing herein shall obligate the CVRC and/or Agency to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be deemed to constitute a breach ofCVRC duties under this agreement. 8. TERMINATION RIGHTS Notwithstanding the Initial or Extended Negotiating Periods hereinabove set forth, either party may terminate this Agreement if the other party has materially defaulted in its obligations herein set forth, and the terminating party has provided defaulting party with written notification of such determination, and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. Defaulting party shall have 30 days from the date of the written notification to cure such default. If such default is not cured within the 30 days, the termination shall be deemed effective. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Each party shall also have the right to terminate this Agreement in the event that CVRC or Developer determines that: (a) the Project is infeasible or not in the public interest; or (b) the parties reach an impasse in their negotiation of the DDA which cannot be resolved after good faith efforts. -7 - 9. GENERAL PROVISIONS A. Address for Notice Developer's Address for Notice: CityMark Communities, LLC 70 I B Street, Suite 1100 San Diego, California 92101 Attention: Mr. Richard V. Gustafson Telephone: (619) 231-1161 Fax: (619) 235-4691 And Hecht Solberg Robinson Goldberg & Bagley LLP 600 W. Broadway, Eighth Floor San Diego, California 9210 I Telephone: (619) 239-3444 Fax: (619) 232-6828 CVRC's Address for Notice: City of Chula Vista - CVRC Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Community Development Telephone: (619) 691-5047 Fax: (619) 476-5310 Copy to: City Attorney B. Authority Each party represents that it has full right, power and authority to execute this Agreement and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Agreement on the behalf of such party are duly authorized agents with authority to do so. C. Counterparts - 8- This Agreement may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one Agreement after each party has signed such a counterpart. D. Entire Agreement This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. E. Further Assurances The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. F. No Third Party Beneficiaries There are no other parties to this Agreement, express or implied, direct or indirect. CVRC and Developer acknowledge that it is not their intent to create any third party beneficiaries to this Agreement. O. Exclusive Remedies I. In the event of default by either party to this Agreement, the Parties shall have the remedies of specific performance, mandamus, injunction and other equitable remedies. Neither party shall have the remedy of monetary damages against the other; provided, however, that the award of costs oflitigation and attorneys' fees shall not constitute damages based upon breach of this Agreement where such an award is limited to the reasonable costs of litigation incurred by the Parties. 2. Each party acknowledges that it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement with debtor. California Civil Code Section 1542 notwithstanding, it is the intention of the Parties to be bound by the limitation on damages and remedies set forth in this Section 70, and the Parties hereby release any and all claims against each other for monetary damages or other legal or equitable relief related to any breach of this Agreement, whether or not any such released claims were known to either of the Parties as of the date of this Agreement. The Parties each waive the benefits of California Civil Code Section 1542 and all other statutes and judicial decisions of - 9- similar effect with regard to the limitations on damages and remedies and waivers of any such damage and remedies contained in this Section 7G. H. Indemnity Developer shall indemnify, protect, defend and hold harmless CVRe, City and Agency, its elected officials, employees and agents from and against any and all challenges to this Agreement, or any and all losses, liabilities, damages, claims or costs (including attorneys' fees) arising from Developer's negligent acts, errors, or omissions with respect its obligations hereunder or the Property, excluding any such losses arising from the sole negligence or sole willful misconduct of CVRC, City or Agency or th~ conduct of third parties outside the control of the Developer. This indemnity obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, in the event of a third party challenge to the validity of this Agreement, Developer shall have the option to terminate this Agreement in lieu of its indemnity obligation. I. Time is of the Essence Time is of the essence for each of Developer's obligations under this Agreement. [NEXT PAGE IS SIGNATURE PAGE] - 10- Signature Page To Exclusive Negotiating Agreement IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date set forth above, thereby indicating the consent of their principals. , , , CHULA VISTA REDEVELOPMENT CORPORATION CITYMARK COMMUNITIES LLC a California Limited Liability Company By: By: ~~ --- Richard V. Gustafson President 4% Chris Lewis Chair Date: By: ~ C.\/ ussell C. Haley y Vice President APZ3> APPROVED AS TO FORM: Date: 7- 2'0- 07 By: Ann Moore General Counsel Date: ATTEST: By: Ann Hix Secretary -1- 8-13-o:r 1-l-eM 4B Reui~ed EXCLUSIVE NEGOTIATING AGREEMENT lbis Exclusive Negotiating Agreement ("Agreement"), dated as of this 23rd day of August, 2007, ("Effective Date") is entered into by the Chula Vista Redevelopment Corporation, a nonprofit, public benefit corporation ("CYRC"), on behalf of and for the City of Chula Vista Redevelopment Agency, a public body, corporate and politic ("Agency") and Voyage, LLC, a California Lirnited Liability Company ("Developer"), with reference to the following facts: RECIT AI,8 In furtherance of the objectives of the California Community Redevelopment Law, the Agency has undertaken a program for the redevelopment of certain areas within the City of Chula Vista ("City"), and in connection therewith is undertaking and carrying out activities for redevelopment in the Town Centre I Redevelopment Project Area ("Project Area") pursuant to and in furtherance of the redevelopment plan for the Project Area ("Redevelopment Plan"). To assist in the carrying out of planning and redevelopment activities the City of Chula Vista created the Chula Vista Redevelopment Corporation ("CYRC"). Pursuant to Chula Vista Municipal Code Section 2.55, the CVRC is authorized to enter into this Agreement on behalf of the Redevelopment Agency. The subject matter of this Agreement concerns that certain real property located within the Project Area as depicted on Exhibit "A" hereto ("Property"). The Property is situated on two parcels at the northwest corner of Church Street and Davidson Street, known as the Church and Davidson northwest site (APN 568-07-119, 568-07-118). The site totals approximately 13,856 square feet in area. Agency has received an unsolicited proposal for the redevelopment of the Property from a qualified and interested developer. Therefore, the CYRC desires to enter into this Agreement with the Developer with the objective of determining the feasibility of the proposed project and consideration of entering into a mutually acceptable DDA for the development of the Property consistent with the terms and conditions of this Agreement at the earliest practical date. The Developer is proposing to develop ten (10) residential for-sale homes ("Project") and desires to negotiate a Disposition and Development Agreement ("DDA") with the Agency. The Developer anticipates that, following execution of the Agreement and through the period of negotiation and preparation of a DDA with respect to the Project, it will devote substantial time and effort in preparing plans, preparing project proformas, contacting financial institutions, engaging appropriate consultants, and meeting with the City and various other necessary third parties in connection with the proposed Project, and in -1- negotiating and preparing a DDA consistent with the basic terms and mutual understandings established in this Agreement. The CYRC and the Developer ("Parties") desire to enter into this Agreement in order to set forth the rights and duties of the Parties during the term of the Exclusive Negotiating Period subject to the Owner Participation rules and regulations established for the Project Area Now, therefore, the Parties mutually agree as follows: 1. Good Faith Negotiations A. CVRC and Developer agree (pursuant to Section 2.A) to negotiate in good faith pursuant to the terms of this Agreement a DDA or other form of agreement or agreements to be entered into between the Agency and Developer concerning the purchase and development of the Property. During the negotiation period pursuant to Section 2 below, CVRC agrees not to negotiate with any other person or entity regarding development of the Property without the consent of Developer. Nothing in this Agreement shall be deemed a covenant, promise or commitment by CVRC, the City of Chula Vista, or any agency of the City, with respect to the acquisition of property or the approval of development. CVRC's acceptance ofthis Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by Agency as to any actions required of it. B. Notwithstanding the foregoing, Developer acknowledges that Agency may receive from time to time, unsolicited alternative proposals for the development of the Property. Agency shall endeavor to notify Developer within ten days after receiving an unsolicited alternative development proposal for all or any portion of the Property. Agency and Developer shall confer in good faith to assess the benefits of the unsolicited proposal. 2. Negotiation Period A. CVRC and Developer agree to negotiate for an initial 300 days which shall commence on the Effective Date unless earlier terminated in accordance with the provisions hereof ("Initial Negotiation Period"). B. If, upon the expiration of such Initial Negotiation Period, the Parties have not each approved and executed a DDA, then the Chief Executive Officer of the CVRC ("CEO"), in his or her sole discretion, on behalf of the CVRC, is authorized to extend the term of this Agreement for up to an additional 90 days ("Extended Negotiation Period") provided that at the end of the Initial Negotiation Period, the CVRC has not exercised its right to terminate as herein provided, the Developer is in full compliance with all terms and conditions hereof, the Developer concurs with such extension of the negotiation period, and the CEO has determined that there is a reasonable likelihood that the Developer will agree to terms and conditions for the development of the Project on the -2 - Property required for the development of the Project that Agency staff will be able to recommend approval of the DDA to Agency prior to the expiration of the Extended Negotiation Period. C. If, after expiration of the Initial Negotiation Period, or after the Extended Negotiation Period if this Agreement is extended, the Parties have not each approved and executed a DDA, then this Agreement shall automatically terminate and Developer shall have no further rights regarding the subject matter of this Agreement or the Property, and Agency shall be free to negotiate with any other persons or entities with regard to the Property. 3. Obligations of Developer A. Schedule CYRC and Developer agree and acknowledge that all submittals required by this Agreement shall be submitted pursuant to the timeline attached hereto as Exhibit "B." Exhibit "B" may be amended administratively by the CEO as needed and with the concurrence of the Developer in writing, provided the timeline does not exceed the Initial Negotiation Period or the Extended Negotiation Period, if applicable. B. Development and Design Plans During the negotiation period, Developer shall submit development and design plans for the Project. Developer shall also furnish such information to CYRC regarding the Project as may be required by CYRC and/or City to perform an environmental review pursuant to the California Environmental Quality Act (CEQA). All fees and expenses for engineers, architects, financial consultants, legal, planning or other consultants retained by Developer to perform Developer's obligations set forth in this Agreement shall be the sole responsibility of Developer. C. Reports, Studies and Public Participation Developer shall make written reports to the CYRC on the Developer's progress toward meeting its obligations under this Agreement and oral progress reports on all matters and all studies being made related to the acquisition and development of the Project and other matters under negotiation to the extent that they do not include confidential matters, as requested. As CYRC deems reasonably necessary or appropriate, presentations may be requested at public forums to solicit input from citizens, businesses, stakeholders and relevant interest groups. - 3- D. Financing Developer shall, consistent with Exhibit "B," develop a program of financing that provides the CYRC with reasonably satisfactory evidence that financing will be available for acquisition and development of the Property. E. Deposit Developer deposited $25,000 ("ENA Deposit") with Agency in May 2006 for a previous ENA, which has since been terminated, on a site known as Church and Madrona northwest (APN 568-351-04-00 and 568-351-0~-00). CYRC shall continue to use the remaining balance ($25,000) of the previous ENA deposit to conduct project analysis for this Agreement, including but not limited to paying for third party consultants, City/Agency staff time (at applicable full cost recovery rates), and other reasonable costs incurred by the CYRC and Agency in conducting such analysis. CYRC shall request additional deposits if the ENA Deposit is exhausted and CYRC determines further analysis is required. CYRC may cease negotiations and all activities of third party consultants until such time as ENA Deposit is replenished as reasonably requested by CYRC. Any deposit balance remaining upon the termination of the Agreement, less any interest eamed on said deposit, shall be returned to Developer or shall be applied to any deposit required by a subsequent DDA. 4. CYRC Obligations and Due Diligence A. During the Negotiation Period, the CYRC shall conduct a due diligence investigation of the Developer's ability to purchase, own and/or operate the Project in a responsible manner. lfthe CEO determines in his sole discretion that Developer does not have the ability to successfully purchase, own, and/or manage the Project in a responsible manner, the CEO may terminate this Agreement by delivering written notice thereof to Developer. CYRC's due diligence efforts may include, without limitation, the following: I. Assessment of the proposed financing and the capacity of Developer to qualify for financing for the Project; and 2. Assessment of the capacity of Developer and their principal staffto effectively own and/or manage the Project, including the ability to carry out any ongoing management oversight responsibilities B. CYRC agrees to cooperate with Developer in providing equity partner(s) and/or lender(s) of Developer with appropriate and necessary information for the Developer to fulfill its obligations hereunder, which information is not otherwise privileged. C. CYRC shall also cooperate with Developer's professional consultants and associates in providing them with any information and assistance, so far as such information is not otherwise privileged, reasonably within the capacity, possession or control of the CYRC in connection with the preparation of the Developer's submissions to the CYRC. -4 - 5. DDA The Parties hereby acknowledge and agree that, during the Initial Negotiation Period and, if applicable, the Extended Negotiation Period, the Parties shall use their respective good faith efforts to negotiate and enter into a DDA which shall include (but not be limited to) the following: (i) the design of the Project by the Developer, which design shall be subject to the approval by the CVRC and/or City, (ii) the construction of the Project by the Developer in accordance with final plans and specifications to be provided by the Developer and approved by the CVRC and/or City, pursuant to a detailed schedule of performance by the Developer, (iii) the operation and management of the Project by the Developer in a good and professional manner and subject to the covenants required by law, (iv) the maintenance of landscaping, buildings, and improvements in good condition and satisfactory state of repair so as to be attractive to the community, (v) the operation of the Proj ect by the Developer in compliance with all equal opportunity standards established by federal, state and local law, (vi) provision by each contractor and/or subcontractor (as the case may require and as appropriate) performing work on the Project of the requisite performance bond and labor and materials payment bond to assure completion of the Project free of mechanics' liens, (vii) the Project shall be of a quality consistent with plans and renderings provided by Developer and approved by the CVRC, (viii) the terms and conditions upon which Developer shall acquire the parcel(s), (ix) the terms and conditions upon which either party may terminate the DDA (e.g., the discovery of environmental issues/hazardous substances on the Site, unexpected development or construction costs, inability to acquire parcels), (x) the terms and conditions upon which Developer may have a first right of refusal to purchase property at 250 and 354 Church Avenue. 6. ADDITIONAL TERMS AND OBLIGATIONS A. Real Estate Commissions. Neither CVRC nor Developer shall be liable for any real estate commission or brokerage fees which may arise herefrom. CVRC and Developer represent that they have engaged no broker, agent or finder separately in connection with this transaction and each party agrees to indenmify, hold harmless and defend the other against claims for commissions or fees made through such party. B. Each Party to Bear its Own Cost. Each party shall bear its own costs incurred in connection with the negotiation of a DDA, and the implementation of this Agreement, except as otherwise expressly provided herein or expressly agreed in writing. C. Confidentiality. - 5- CVRC and Developer recognize that disclosures made by Developer pursuant to this Agreement may contain sensitive information and that the disclosure of such information to third parties could impose commercially unreasonable and/or uncompetitive burdens on Developer and, may correspondingly, diminish the value or fiscal benefit that may accrue to the CVRC upon the redevelopment of the Property by the Developer, if a future DDA is entered into by the Parties. Developer acknowledges and agrees that CVRC is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public. Accordingly, any information provided by Developer to CVRC with respect to the Property, the Project or Developer may be disclosed to the public either purposely, inadvertently, or as a result of a public demand or order. With respect to any information provided that Developer reasonably deems and identifies in writing as proprietary and confidential in nature, CVRC agrees to exercise its best efforts to keep such information confidential. In addition, if CVRC determines that it is required under applicable law to disclose any information identified by Developer as proprietary and confidential in nature, CVRC shall notifY Developer at least three business days before disclosure of such information which will provide Developer the opportunity to seek a protective order preventing such disclosure. Notwithstanding the above, CVRe's failure to provide said notice shall not constitute a breach of this agreement or grounds for a claim or cause of action of any nature against the CVRC as a result of the release of said claimed proprietary or confidential information. D. Assigrunent 1. CVRC would not have entered into this Agreement but for Developer's unique qualifications and experience. Therefore, Developer's rights and obligations under this Agreement may not be assigned without the prior written approval of CVRC in its sole discretion. Notwithstanding the foregoing, subject to the prior written approval of the CEO, Developer may assign its rights hereunder to a new entity comprised of the Developer for purposes of developing the Project. Such new entity may include additional parties provided that the Developer retains responsibility for fulfilling its obligations hereunder and Developer retains management control and authority over the entity and the Project. 2. Upon the occurrence of any change, whether voluntary or involuntary, in membership, ownership, management or control of the Developer (other than such changes occasioned by the death or incapacity of any individual) that has not been approved by the CVRC, prior to the time of such change, the CVRC may terminate this Agreement, without liability, by sending written notice of termination to Developer. E. Nondiscrimination - 6- Developer shall not discriminate against nor segregate any person, or group of persons on account of race, color, creed, religion, sex, marital status, disability, national origin or ancestry in undertaking its obligations under this Agreement. 7. RETENTION OF DISCRETION A. By its execution of this Agreement, CVRC is not committing itself or agreeing to undertake any activity requiring the subsequent exercise of discretion by CVRC, Agency or City, or any department thereof including, but not limited to, the approval and execution of a DDA; the proposal, amendment, or approval of any land use regulation governing the Property; the provision of financial assistance for the development of any public or private interest in real property; the authorization or obligation to use the Agency's eminent domain authority; or, any other such activity. B. Developer understands and agrees that the CVRC, Agency and City, in their respective legislative roles, reserve the right to exercise their discretion as to all matters which the CVRC, Agency and City are by law entitled or required to exercise such discretion, including but not limited to, Entitlements for the development of the Property and adoption of any amendments to policy documents (including the General Plan, Urban Core Specific Plan and Redevelopment Plans). In addition, Developer understands and agrees that the Entitlements and any other documents shall be subject to and brought to the CVRC, Agency or City, as appropriate, for consideration in accordance with applicable legal requirements, including laws related to notice, public hearings, due process and the California Environmental Quality Act. C. Developer acknowledges that any plans processed for the Property will be based upon the current General Plan and Zoning Code of the City. Additionally, Developer acknowledges that the City is still in the process of completing portions of the Urban Core Specific Plan ("UCSP"). Developer acknowledges and agrees that the City may consider a number of development alternatives for the Property for consideration by the City Council as part of City's UCSP process. Developer further acknowledges that the City is currently in litigation over the UCSP and that said litigation could affect the Property and the Developer's interests therein. Developer agrees and acknowledges that the processing, adoption and/or amendment of the General Plan or the UCSP by the City is not a consideration in its proceeding with this Agreement or the proposed development project and Developer may need to request amendments to the General Plan or UCSP. The General Plan and UCSP are legislative actions and this agreement does not limit or in any way interfere with the City Council's ability to exercise their discretionary authority as it relates to these or any other legislative actions. Developer acknowledges and agrees that the exercise of the City's legislative discretion, whether by the City Council's own actions or pursuant to or as a result of any litigation shall not form the basis of breach of this Agreement, express or implied, or any other claims against the City. -7 - D. This Agreement does not constitute a disposition of property or exercise of control over property by CVRC and does not require a public hearing. CVRC execution of this Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by Agency as to any proposed DDA and all proceedings and decisions in connection therewith. The parties understand that Agency has the complete and unfettered discretion to reject a DDA without explanation or cause. The risk of loss of all processing, design and developmental costs incurred by the Developer prior to DDA approval shall be absorbed entirely by Developer except unless expressly assumed, by the terms of this Agreement by the CVRC. As to any matter in which the CYRC and/or Agency may be required to exercise its unfettered discretion in advancing the Project to completion, nothing herein shall obligate the CVRC and/or Agency to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be deemed to constitute a breach of CVRC duties under this agreement. 8. TERMINATION RIGHTS Notwithstanding the Initial or Extended Negotiating Periods hereinabove set forth, either party may terminate this Agreement if the other party has materially defaulted in its obligations herein set forth, and the terminating party has provided defaulting party with written notification of such determination, and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. Defaulting party shall have 30 days from the date of the written notification to cure such default. If such default is not cured within the 30 days, the termination shall be deemed effective. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Each party shall also have the right to terminate this Agreement in the event that CVRC or Developer determines that (a) the Project is infeasible or not in the public interest; or (b) the parties reach an impasse in their negotiation of the DDA which cannot be resolved after good faith efforts. 9. GENERAL PROVISIONS A. Address for Notice. Developer's Address for Notice: Voyage, LLC 4441 Park Blvd. San Diego, CA 92116 Attention: James Brown Telephone: 619-682-4083 Fax: 619-682-4084 - 8- CVRC's Address for Notice: City of Chula Vista - CVRC Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Community Development Telephone: (619) 691-5047 Fax: (619) 476-5310 Copy to: City Attorney B. Authority. Each party represents that it has full right, power and authority to execute this Agreement and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Agreement on the behalf of such party are duly authorized agents with authority to do so. C. Counterparts. This Agreement may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one Agreement after each party has signed such a counterpart. D. Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. E. Further Assurances. The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. F. No Third Party Beneficiaries. There are no other parties to this Agreement, express or implied, direct or indirect. CVRC and Developer acknowledge that it is not their intent to create any third party beneficiaries to this Agreement. G. Exclusive Remedies. - 9- I . In the event of default by either party to this Agreement, the parties shall have the remedies of specific performance, mandamus, injunction and other equitable remedies. Neither party shall have the remedy of monetary damages against the other; provided, however, that the award of costs of litigation and attorneys' fees shall not constitute damages based upon breach of this Agreement where such an award is limited to reasonable costs of litigation incurred by the Parties. 2. Each party acknowledges that it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides: , A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement with debtor. California Civil Code Section 1542 notwithstanding, it is the intention of the Parties to be bound by the limitation on damages and remedies set forth in this Section 7G, and the Parties hereby release any and all claims against each other for monetary damages or other legal or equitable relief related to any breach of this Agreement, whether or not any such released claims were known to either of the Parties as of the date of this Agreement. The Parties each waive the benefits of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect with regard to the limitations on damages and remedies and waivers of any such damage and remedies contained in this Section 7G. H. Indemnity. Developer shall indemnify, protect, defend and hold harmless CYRC, City and Agency, its elected officials, employees and agents from and against any and all challenges to this Agreement, or any and all losses, liabilities, damages, claims or costs (including attorneys' fees) arising from Developer's negligent acts, errors, or omissions with respect its obligations hereunder or the Property, excluding any such losses arising from the sole negligence or sole willful misconduct of CYRC, City or Agency or the conduct of third parties outside the control of the Developer. This indemnity obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, in the event of a third party challenge to the validity of this Agreement, Developer shall have the option to terminate this Agreement in lieu of its indemnity obligation. 1. Time is of the Essence. Time is of the essence for each of Developer's obligations under this Agreement. [NEXT PAGE IS SIGNATURE PAGE] - 10- Signature Page To Exclusive Negotiating Agreement IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date set forth above, thereby indicating the consent of their principals. CHULA VISTA REDEVELOPMENT CORPORATION By: Chair Date:______________________________ APPROVED AS TO FORM: By: Ann Moore General Counsel Date: ______________________________ ATTEST: VOYAGE, LLC A California Limited Liability Company By: 00 James Brown Managing Partner a/~id1 Date: _______ _________________ By-~_l4f- f:~es Gates Manag~~ pf.rtner Date: ------~-[~f-r:Ft--------- Ann Hix Secretary . .. CORPORATIOI\: CHULi\ VISTA CVRC Board I nformation Memo - Page 1 DATE: August 16, 2007 FROM: CVRC Board of Directors /7//71 j David R. Garcia, Chief Executive Officer I 7~ ~ Ann Hix, Acting Community Development DirectorttK Eric Crockett, Redevelopment Manager @) TO: VIA: SUBJECT: September 4, 2006 Joint Workshop of the City Council and the Chula Vista Redevelopment Corporation on Reorganization of Community Development/Redevelopment and the Roles and Responsibilities of the CVRC This memo and attachments are provided to you in preparation for a September 4, 2007 joint workshop that is being scheduled between the City Council and the Chula Vista Redevelopment Corporation (CVRC). This workshop is being proposed in order to allow an interactive discussion on two topics: 1) the proposed reorganization of the Community Development Department to create a new Redevelopment Agency and Housing Authority; and 2) the roles and responsibilities of the CVRC, including appropriate approval authority for redevelopment projects. ATTACHMENTS: Reorganization of Community Development The proposal to the City Council is to move the personnel who are currently employed by the City in the Community Development Department to a new Redevelopment Agency and Housing Authority ("Agency"), to be structured as shown in Attachment A. The proposal would move all staff located in the Housing Division, Redevelopment Division and Administration Division, and one person from the Economic Development Division, into the new Agency. The staff would become employees of the Agency, and not of the City of Chula Vista. Additionally, the remaining two Economic Division staff members would move over to work with Economic Development Officer Denny Stone, and the three Redevelopment Planning Division employees would move into the Planning and Building Department. S b--- \ Staff Report - Item No. 5B Page 2 The new Agency would contract for planning, financial, personnel and other services from the City's General Fund departments. CVRC Planning Roles and Responsibility As shown in Attachment B, the proposal is to allow the CVRC to assume and carry out one additional planning-related function-the approval of tentative maps-beyond those already authorized by the Municipal Code. The City Council would retain authority for approving final maps, as well as all other legislative matters as shown on Attachment B. Additionally, it is important to note that the City Council would continue to be the final appeal body for all CVRC planning approvals. CVRC Redevelopment Roles and Responsibilities Attachment C shows the proposal to allow the CVRC to assume and carry out three additional redevelopment functions beyond those already authorized by the Municipal Code: 1) entering into contracts with consultants, contractors, and vendors; 2) solicitation of participation by developers (RFQs and RFPs); and 3) acquiring property (other than through eminent domain). The City Council sitting as the Board of Directors of the Redevelopment Agency will continue to have approval authority for the legislative and fiduciary matters shown on Attachment C. The proposed changes in both the staffing of the Redevelopment Agency and Housing Authority, and the roles and responsibilities of the CVRC, are recommended to provide a more concentrated and focused effort toward the redevelopment of Western Chula Vista. PREPARED BY: Ann Hix, Acting Community Development Director E -b~~ REDEVELOPMENT AGENCY AND HOUSING AUTHORITY Agency Board (City Council) -.-.-.-.-.-.- - ---.-.-.-.- , Executive Director (City Manager) Treasurer (Finance Director) Director of Redevelopment and Housing Authority (CEO of CYRq Executive Secretary Management Analyst Deputy Director en b Secretary Fiscal Specialist Senior Project Manager Project Manager Project Manager I V RDA Specialist VII (V) RDA Specialist lIII Redevelopment Personnel > """'l """'l > (""J ::J: ~ rn Z """'l > ATTACHMENT B Chula Vista Redevelopment Corporatioh Planning Roles and Responsibilities 8.14.07 The following chart provides a list of Planning related functions the CVRC is currently authorized to provide (in Black) and those the CVRC is proposed to provide (in Blue): PLANNING FUNCTIONS DECISIONS RECOMMENDATIONS eVRe shall assume and carry out the planning functions within redevelopment areas with respect to the following administrative and quasi- judicial items: . Design review for the establishment, location, expansion or alteration of uses or structures in all residential zones, commercial, industrial, mixed use zones and within redevelopment project area boundaries . Variances . Conditional use permits . Lot line adjustments . Historical permits . Other administrative and quasi- judicial planning items . Appeals filed to contest sign permit rulings of the executive director or zoning administrator . Coastal development permits (within lCP permit jurisdiction) . Tentative IllJpS . Environmental documents or exemptions for all of the above items CVRC shall review and make recommendations to the City Council within redevelopment areas on the following legislative items* (~2.55.050(A)): . General plan, specific plans, general development plans, precise plans, and sectional planning areas . local coastal plan . Zoning regulations and rezones . Planning-related development agreements . Environmental documents or exemptions for the above */n addition to recommendation by the Planning Commission S$-4 ATTACHMENT C Chula Vista Redevelopment Corporation Redevelopment Roles and Responsibilities 8.14.07 The following chart provides a list of the redevelopment related functions the CVRC is currently authorized to provide (in black) and those the CVRC is proposed to provide (in blue): REDEVELOPMENT FUNCTIONS DECISIONS RECOMMENDATIONS eVRe shall assume and carry out redevelopment functions of the Redevelopment Agency with respect to the following items: . Exclusive negotiating agreements . Replacement housing plans . loans and expenditures involving CVRC funds . tnter illtO COlltl-dC1s (i,C'. cOIl5Ultallts, contrd(.tors, vClldors) . Solicit participation b)-' dC'\elopers (RFQ and RFPI . Acquire property, noL through €minpnt dOIll~jin eVRe shall review and make recommendations to the Redevelopment Agency on the following legislative (CVMC ~2.55.060(AII and/or fiduciary (Bylaws) items: . Disposition and development agreements . Owner participation agreements . Purchase and sale agreements . Eminent domain . Redevelopment plans and implementation plans . Relocation plans . Financial transactions not involving CVRC funds (such as issuance of tax increment bonds) 6JJ-5 g-23~1 14eln 10-"5-1 ReN'~e.d .. .. '" l~_ i ,I ' t- " ; '''; CORPORATION CHULA VISTA CVRC Board Information Memo - Page 1 DATE: August 20, 2007 SUBJECT: CVRC Board of Directors /I ,,1/4 / I David R. Garcia, Chief Executive Officer~~""~ Ann Hix, Acting Community Development Director'riJ(\ Eric Crockett, Redevelopment Manager@! September 4, 2007 Joint Workshop of the City Council and the Chula Vista Redevelopment Corporation on Reorganization of Community Development/Redevelopment and the Roles and Responsibilities of the CVRC TO: FROM: VIA: This memo and attachments are provided to you in preparation for a September 4, 2007 joint workshop that is being scheduled between the City Council and the Chula Vista Redevelopment Corporation (CVRC). This workshop is being proposed in order to allow an interactive discussion on two topics: 1) the proposed reorganization of the Community Development Department to create a new Redevelopment Agency and Housing Authority; and 2) the roles and responsibilities of the CVRC, including appropriate approval authority for redevelopment projects. ATTACHMENTS: Reorganization of Community Development The proposal to the City Council is to move the personnel who are currently employed by the City in the Community Development Department to a new Redevelopment Agency and Housing Authority (U Agency"), to be structured as shown in Attachment A. The proposal would move all staff located in the Housing Division, Redevelopment Division and Administration Division, and one person from the Economic Development Division, into the new Agency. The staff would become employees of the Agency, and not of the City of Chula Vista. Additionally, the remaining two Economic Division staff members would move over to work with Economic Development Officer Denny Stone in the City Manager's office, and the three Redevelopment Planning Division employees would move into the Planning and E;'6-\ Staff Report - Item No. 58 Page 2 Building Department. The new Agency would contract for planning, financial, personnel and other services from the City's respective departments. CVRC Planning Roles and Responsibility As shown in Attachment 8, the staff proposal is to allow the CVRC to assume and carry out one additional planning-related function-the approval of tentative maps-beyond those already authorized by the Municipal Code. The City Council would retain authority for approving final maps, as well as all other legislative matters as shown on Attachment B. Additionally, it is important to note that the City Council would continue to be the final appeal body for all CVRC planning approvals. CVRC Redevelopment Roles and Responsibilities Attachment C shows the staff proposal to allow the CVRC to assume and carry out three additional redevelopment functions beyond those already authorized by the Municipal Code: 1) entering into contracts with consultants, contractors, and vendors; 2) solicitation of participation by developers (RFQs and RFPs); and 3) acquiring property (other than through eminent domain). The City Council sitting as the Board of Directors of the Redevelopment Agency will continue to have approval authority for the legislative and fiduciary matters shown on Attachment C. The proposed changes in both the staffing of the Redevelopment Agency and Housing Authority, and the roles and responsibilities of the CVRC, are recommended to provide a more concentrated and focused effort toward the redevelopment of Western Chula Vista. PREPARED BY, Ann Hix, Acting Community Development Director 6e~~ REDEVELOPMENT AGENCY AND HOUSING AUTHORITY Agency Board (City Council) Executive Director (City Manager) Treasurer (Finance Director) Director of Redevelopment and Housing Authority (CEO of CVRC) Secretary Management Analyst Deputy Director U) tr o Secretary Fiscal Specialist Senior Project Manager Project Manager Project Manager RDA Specialist IIII (V) RDA Specialist IIII Redevelopment Personnel ~ -I )> (") ::J: s: m z -I )> ATTACHMENT B Chula Vista Redevelopment Corporation Plan nine: Roles and Responsibilities 8.14.07 The following chart provides a list of Planning related functions the CVRC is currently authorized to provide (in Black) and those the CVRC is proposed to provide (in Blue): DECISIONS RECOMMENDATIONS PLANNING FUNCTIONS eVRe shall assume and carry out the planning functions within redevelopment areas with respect to the following administrative and quasi- judicial items: . Design review for the establishment, location, expansion or alteration of uses or structures in all residential zones, commercial, industrial, mixed use zones and within redevelopment project area boundaries . Variances . Conditional use permits . Lot line adjustments . Historical permits . Other administrative and quasi- judicial planning items . Appeals filed to contest sign perm it rulings of the executive director or zoning administrator . Coastal development permits (within LCP permit jurisdiction) . T enldliv(' maps . Environmental documents or exemptions for all of the above items CVRC shall review and make recommendations to the City Council within redevelopment areas on the following legislative items* (S2.55.050(AII: . General plan, specific plans, general development plans, precise plans, and sectional planning areas . Local coastal plan . Zoning regulations and rezones . Planning-related development agreements . Environmental documents or exemptions for the above */n addition to recommendation by the Planning Commission 6 :0 - -Z\ ATTACHMENT C Chula Vista Redevelopment Corporation Redevelopment Roles and Responsibilities 8.14.07 The following chart provides a list ofthe redevelopment related functions the CVRC is currently authorized to provide (in black) and those the CVRC is proposed to provide (in blue): DECISIONS RECOMMENDATIONS REDEVElOPMENT FUNCTIONS eVRe shall assume and carry out redevelopment functions of the Redevelopment Agency with respect to the following items: . Exclusive negotiating agreements . Replacement housing plans . Loans and expenditures involving CVRC funds . Enter into contracts I:i.e. consultants, contractors, \'('ndols) . Solicit pJrticipaliol1 by developers (RFQ dlld RFPi . Acquire property, not through cmirlpnt dOl1lain eVRe shall review and make recommendations to the Redevelopment Agency on the following legislative (CVMC 92.55.060IA)) and/or fiduciary (Bylaws) items: . Disposition and development agreements . Owner participation agreements . Purchase and sale agreements . Eminent domain . Redevelopment plans and implementation plans . Relocation plans . Financial transactions not involving CVRC funds (such as issuance of tax increment bonds) :s ~ -'5 f3-23-b-=l ltc:M ~A CVRC Subcommittee Report on the Sweetwater Union High School District Asset Utilization Project August 20, 2007 During the past several months, respective Subcommittees from the Chula Vista Redevelopment Corporation (CVRC) and Sweetwater Union High School District (SUHSD) have held several joint meetings to reexamine and discuss SUHSD's past Asset Utilization Project proposals. After hearing and assessing all perspectives and positions on the Project, the CVRC Subcommittee has formulated a recommendation to the full CVRC Board to focus all efforts for this Project on: (I) the development of the District administration facility on Third Avenue; and (2) the relocation of SUHSD's corporate yard. The Subcommittee believes the Project can be accomplished through development of the District's property as long as common redevelopment practices are followed. Common to the redevelopment process is, first, to solicit development partners, and then to negotiate purchase and sale agreements and process entitlements. Past District proposals have been unsuccessful partly due to the complications associated with all the assumptions and moving parts ofthe project, and the process they have followed. It is the intent of this proposal to break the project into smaller, more manageable pieces and to follow proven redevelopment practices. The CVRC Subcommittee recommends the following phased approach: Phase I: Development Agreement The District either solicits a request for proposal or just enters into a development agreement with a qualified developer(s) to purchase, entitle and build a mixed-use development on the 23-acre L Street property and a residential development on the 6-acre Fifth Avenue site. Bringing a developer partner(s) on board prior to site planning and entitlement will produce a realistic development project that can be built. An approved development project will allow the District and the developer(s) to reach an agreement on a purchase and sale agreement(s) for the sites. The purchase and sale agreement( s) will provide a reliable financial agreement for use by the District and the Agency in determining whether a funding "gap" exists to complete the project. Phase II: Administrative Center The District begins designing the administration facility for the Third Avenue site either concurrently or subsequent to the District's negotiations on a purchase and sale agreement for the L Street property. It is the position of the CVRC subcommittee that the relocation ofthe District's administrative facility to Third Avenue Village is of utmost importance to the redevelopment efforts within the urban core and especially along Third Avenue. The addition of a sizable office complex would provide hundreds of new patrons for restaurants and businesses locating within the Village. This location creates synergy with our downtown retail and restaurant uses and supports the redevelopment efforts currently underway in the urban core. Corporation Yard While the administration center goes through the entitlement process the subcommittees would work with staff on identifying sites that range from six to twelve acres which could be used for the District's corporation yard. Once a few alternatives have been identified the subcommittees would work on a feasibility analysis that helped narrow the range of possibilities. The CVRC subcommittee does not support leaving the yard in its current residential location and does not recommend any financial contribution to this effort. Any funds remaining, after the administrative center is built, from the sale of District properties can be applied toward the cost of relocation and construction of a new corporation yard for the District. Agency Assistance The CVRC Subcommittee recognizes there may be a need for Agency assistance to complete all phases of the District proposal and is open to sharing tax increment revenue based on need and availability ofrevenue. Upon completion of Phase I and II, the CVRC Subcommittee recommends the following: Phase III: Development Agreement The subcommittee recommends the District either solicit a request for proposal or enter into a development agreement(s) with a qualified developer(s) to purchase and develop District owned property located on Moss Street. Bringing a developer partner(s) on board prior to site planning and entitlement will produce a more realistic development project. The development project will then allow the District and the developer(s) to reach an agreement on a purchase and sale agreement. The revenue received from the purchase and sale agreement will be a reliable source of funds for use in the development of a new Adult School. Phase IV: Adult School The Adult School and associated parking could potentially be co-located with the administration center on Third Avenue or located on a small portion of the L Street site. The cost of building the new adult school could be funded by any remaining proceeds from the sale of District properties. Secondary School The school facility at Fourth Avenue could be converted and updated using funds from Proposition 0, passed in November 2006. Community Park Parkland needs generated by the District's redevelopment will be addressed with the entitlement of each phase ofthe project. Additional requirements will be identified commensurate with any Agency subsidy provided. Conclusion The CVRC Subcommittee recognizes that this phased approach is one scenario out of several potential options, but feels this proposal gives the Project the highest opportunity for success. The Subcommittee believes that bringing a development partner on first before entitlement ofthe site brings the greatest opportunity for success and follows normal redevelopment practices. The proposal meets the goals of the Agency and the District while providing a manageable path that mitigates the District's previous assumptions with real facts and figures. The Subcommittee looks forward to working with the District team to develop a project that is mutually beneficial to both agencies and provides a high level of benefit to the community.