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HomeMy WebLinkAboutReso 1988-13680 RESOLUTION NO. 13680 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A HOUSING COOPERATION AGREEMENT WITH MITRE BROADWAY PARTNERS FOR AFFORDABLE FAMILY HOUSING UNITS AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMEMT The City Council of the City of Chula Vista does hereby resolve as fol 1 ows: WHEREAS, The City desires to promote the provision of affordable housing units for families; and, WHEREAS, State Civil Code Section 65915, and the City's Housing Density Bonus Policy provide a mechanism whereby developers can request a Density Bonus in exchange for renting a portion of their units at affordable rents to low and moderate income tenants; and, WHEREAS, The City Council wishes to approve a Density Bonus of eight units in exchange for ten affordable low income units and three affordable moderate income units at 1053 Broadway; and, WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-88-31M, of potential environmental impacts associated with the implementation of the project. Based on the attached Initial Study and "-mments thereon, the Coordinator has concluded that there would be no 9nificant environmental impacts, and recommends adoption of the Negative Declaration issued on IS-88-31M; and, WHEREAS, The Family Density Bonus policy of the City of Chula Vista calls for a written agreement between the City and the developer of low income family housing to specify the tenancy requirements and term of commitment; and, WHEREAS, such agreement, called a Housing Cooperation Agreement attached hereto and incorporated herein as though fully set forth has been negotiated between the developers and the City. NOW, THEREFORE, BE IT RESOLVED that the City Council adopts a resolution finding that the project will have no significant environmental impacts and adopts the Negative Declaration issued on IS~88-31M. NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby grant an eight-unit density bonus to Mitre Broadway Partners, thereby allowing them to place a total of sixty units on their property at 1053 Broadway conditioned upon the developers entering into an agreement with the City to rent ten units to low income households and three units to moderate income households in accordance with the terms and conditions of the City's Housing Density Bonus Policy, State Civil Code Section 65915, and the attached Housing Cooperation Agreement. 1515 NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the "~ty of Chula Vista hereby approves that said Housing Cooperation Agreement ch said developers and authorizes the Mayor to execute that agreement on behalf of the City. BE IT FURTHER RESOLVED that said agreement shall be executed and recorded prior to the issuance of building Permits for 1053 Broadway. Approved as to form by ~'community Develop~nt D~rector '~/~ 7 WPC 3073H -2- 1516 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF :HUL VISTA, CALIFORNIA, this 19th doy of July ) 88 , by the following vote, to-wit: ,YES: Councilmembers Malcolm, Moore, McCandliss IAYES: Councilmembers Nader ,BSTAIN: Councilmembers None BSENT: Council members Cox Ma~,oYof ~he City of Chula Vista/ TTEST ~ '~7 ~ // ' City Cl~rk / ~x~ FA1. JF CALIFORNIA ) DUNTY OF SAN DIEGO ) ss, TY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, ) HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 13680 ,and that the same has not been amended or repealed ,TED (~-~ ' 2/,,/,~,/7r~x // - OF CHU VI A -660 / ~2C' 8e 70256 · - 1494 Recording Requested By: ,y of Chula Vista When Recorded Mail To: Ci~ of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Attn: City Attorney Space Above For Recorder's Use HOUSING COOPERATION AGREEMENT THIS HOUSING COOPERATION AGREEMENT ("this Agreement") is entered into this 19th day of 3uZy , 19 , between CITY OF CHULA VISTA, a C munic~p'~ corporation (" ity"), and dE BROADWAY PARTNERS ("Property Owners"). ARTICLE 1 - Recitals 1.1 Property Owner. Property Owner is the legal owner of the fee title -'- the real property described in Exhibit "B" attached hereto and incorporated rein as though fully set forth. Said real property is sometimes referred to in this Agreement as "the Real Property." 1.2 Density Bonus. Property Owner, pursuant to California Government Code section 65915, has submitted to City a proposal for the development of some low and moderate income housing on the Real Property pursuant to said section 65915. 1.3 Grant of Density Bonus. The city council for the City ("City Council"), in response to Property Owner's application approved a density bonus for the real property by Resolution No. 13680 on July 19, 1988. 1.4 Low/Moderate Income Housing. Said Government Code section 65915 provides, among other things, that when a developer of housing agrees to construct at least 25 percent of the total units of a housing development for persons and families of low or moderate income, as defined in Section 50093 of the California Health and Safety Code, a city shall grant a density bonus for said housing development. J' i Council established in said esol.tion Z3680, as a c n t tai a building permit, a requirement that a recorded agreement be entered into between City and Property Owner providing for (i) said 15 percent density bonus and (ii) the creating and maintaining of 25 percent of the dwelling units on the Real Property for low and moderate income .housing. 1495 1.6 Design Review Committee. City's Design Review Committee, on ~ 5, 1988, approved Property Owner's site plan, elevations and preliminary ,ns for the constructing and maintaining of 60 dwelling units on the Real Property. Said resolution is referred to in this Agreement as "the Design Resolution." 1.7 Intent. These parties intend that this Agreement constitute the recorded agreement referred to in Paragraph 1.5. CITY AND PROPERTY OWNER hereby agree as follows: ARTICLE 2 - Development Standards 2.1 Density Bonus. Property Owner is entitled to construct and maintain on the Real Property 60 dwelling units. Said 60 dwelling units are 15 percent more than would be permitted to be on the Real Property by the regulations for the R-3 Apartment Residential Zone. 2.2 Other Standards. The permitted uses of the Real Property, the density of use thereof, the maximum height and size of buildings thereon, and provisions for reservations or dedication of land for public purposes and all other standards of development of the Real Property will be governed by each of the following as presently constituted ("the Development Standards"): 2.2.1 General Plan: "High Density Residential" designation in ~'s General Plan. 2.2.2 Zone Regulations: The regulations for RU 29 Urban Residential. 2.2.3 Design Resolution: The Design Resolution and any exhibits referred to therein. 2.2.4 Density: The provisions of Paragraph 2.1. 2.3 Conflict. In the event of conflict between Paragraph 2.1 and any other of the Development Standards, said paragraph will prevail. 2.4 Effect of Termination of Article 3. Termination pursuant Paragraph 3.7 will not affect, or render inapplicable, the foregoing Development Standards. ARTICLE 3 - Low/Moderate Income Housing 3.1 Definitions. For the purposes of this article, the following definitions apply: 3.1.1 "Manager" means the City Manager of City. 1496 --- 3.1.2 "Median Income" means the latest median income, based on a nily of four persons, from time to time determined by the United States .epartment of Housing and Urban Development (pursuant to Section 8 of the United States Housing Act of 1937) for the San Diego Standard Metropolitan Statistical Area. 3.1.3 "Low 1 BR Apartment" means a one-bedroom apartment unit, the monthly rental for which will be no greater than 1/12th of 25 percent of the Two Person Median Low Income Limit, defined below; there will be one Low 1 BR Apartment. "Two Person Median Low Income Limit" means 80 percent of the Median Income multiplied by lO0 percent (that is, 80 percent of the Median Income), rounded to the nearest $50. 3.1.4 "Low 2 BR Apartment" means a two-bedroom apartment unit, the monthly rental for which will be no greater than 1/12th of 25 percent of the Four Person Median Low Income Limit, defined below; there will be five Low 2 BR Apartments. "Four Person Median Low Income Limit" means 80 percent of the Median Income multiplied by lO0 percent (that is, 80 percent of the Median Income), rounded to the nearest $50. 3.1.5 "Moderate 1 BR Apartment" means a one-bedroom apartment unit the monthly rental for which will be no greater than 1/12th of 25 percent of the Two Person Median Moderate Income Limit, defined below; there will be one Moderate 2 BR Apartment. "Two Person Median Moderate Income Limit" means 120 B~rf~tMB~iat~ei~ieap, ~dm~t~i~a~s~OiqS~ercent (that is, 120 percent 3.1.6 "Moderate 2 BR Apartment" means a two-bedroom apartment unit one monthly rental for which will be no greater than 1/12th of 25 percent of the Four Person Median Moderate Income Limit, defined below; there will be one Moderate 2 BR Apartment. "Four Person Median Moderate Income Limit" means 120 ~rf~tM~i ~nMc%d~e~ ~dm~t~R~i ~a~s~ O~5~..ercent (that i s, 120 percent 3.1.7 "Affordable Apartment" means any one of the apartments defined in Paragraphs 3.1.3 and 3.1.5; "Affordable Apartments" means all of such apartments collectively. 3.2 Qualification of Tenants. As to the Affordable Apartments, the following will apply: 3.2.1 Low 1 BR Apartment. Three 1 BR Apartments will be leased only to households having an annual gross income not exceeding the Median Low Income Limit for the household's size. 3.2.2 Low 2 BR Apartment. Seven 2 BR Apartments will be leased only to households having an annual gross income not exceeding the Median Low Income Limit for the household's size. 1497 3.2.3 Moderate 1 BR Apartment. One Moderate 1 BR Apartment will be ~'-ased only to a ~ouseno~o ~avlng an annual gross income not exceeding the ~ian Moderate Income Limit for the household's size. 3.2.4 Moderate 2 BR Apartment. Two Moderate 2 BR Apartments will be leased only to households having an annual gross income not exceeding the Median Moderate Income Limit for the household's size. 3.3 Proof of Oualification. Property Owner will obtain from each person(s) {o whom Property Owner rents an Affordable Apartment a "Supplemental Rental Application" ("the Application") in the form of Exhibit A attached hereto (or such other form as City may from time to time adopt and of which City notifies Property Owner in writing). Property Owner will be entitled to rely on the Application and the supporting documents thereto in determining the eligibility of such person(s) to rent such Affordable Apartment. Property Owner will retain the Application and supporting documents for a period of at least two years after the applicant thereof ceases to occupy such Affordable Apartment. 3.4 Nature of Leases. Except as to rent, the terms, conditions and provisions of the lease or rental agreement for each Affordable Apartment will be the same as those of leases or rental agreements for all other apartments on the Property. 3.5 Waiver. Property Owner may apply in writing to the Manager for a waiver, a~ specifically designated Affordable Apartment(s), of Paragraphs 2-.1 and 3.2. Each such application will be accompanied by written data or er evidence relied upon by Property Owner to show that, for the near ,.ture, there will be no reasonable demand for such Affordable Apartment(s). Within 30 days after receipt of any such application, the Manager will, in writing, either grant or disapprove the requested waiver; the failure of the Manager to act within said period will be deemed to be disapproval of such requested waiver. If such waiver is granted, Property Owner may lease the Affordable Apartment(s) affected by the granted waiver to such person(s) and at such rental as Property Owner determines, subject to each of the following: 3.5.1 Month-to-Month Tenancy. Anything in Paragraph 3.4 to the contrary notwithstanding, the lease or rental agreement will create only a month-to-month tenancy. 3.5.2 Termination of Waiver. At any time after granting any such waiver, the Manager may, by writing delivered to Property Owner, terminate such grant. Within five days after such delivery, Property Owner will appropriately notify the tenant(s) and occupant(s) (of the Affordable Apartment(s) for which the grant of waiver has been terminated) that the month-to-month tenancy thereof will be and become terminated one month after delivery of such notification by Property Owner. Property Owner will take reasonable steps to effectuate such termination, including diligent commencement and prosecution of an unlawful detainer action(s). 3.6 Records, Audits. Property Owner will submit to City semi-annual I--~rtified rent rolls, disclosing with respect to each Affordable Apartment (i) ~thly rent rate, (ii) number of occupants for which the Affordable Apartment ~s rented and the income of such occupantIs). If City determines an audit is necessary to verify a submitted rent roll, it will so notify Property Owner in writing thereof. Within ten days after delivery of said notice, Property Owner will deliver to City the names of three certified public accountants doing business in the metropolitan San Diego area. City will promptly deliver to Property Owner the former's approval of one or more of said names. The audit will be completed by an approved certified public accountant, at Property Owner's cost, within 60 days after the delivery to Property Owner of City's said approval. The certified public accountant will promptly deliver a copy of the written audit to City. 3.7 Term. The term during which this Article 3 applies commences on the date hereof. Said term ends on the date which is twenty-five years after the date on which at least 31 of the dwelling units on the Real Property are first occupied. ARTICLE 4 - Breach 4.1 Breach By City. If City breaches any of its covenants contained in this Agreement, Property Owner will have available to it all legal and equitable remedies afforded by the laws of the State of California. 4.2 Breach By Property Owner. If, with respect to any Affordable Apartment, Property Owner breaches this Agreement by charging higher rent than that herein permitted, Property Owner will, immediately upon City's demand, li) reduce the rent to that permitted herein and (ii) refund to any tenants who theretofore paid such higher rent the amount of the excess, together with interest thereon at the rate of 10 percent per annum, computed from the date(s) of payment of the excess by said tenants to the date of said refund. The provisions of this paragraph constitute a third-party beneficiary contract in favor of such tenants. Further, City is hereby granted the power (but not the duty) to act as attorney-in-fact of such tenants in enforcing this paragraph. 4.3 Breach by Property Owner. If, with respect to any Affordable Apartment, Property Owner breaches this Agreement by leasing to tenants who are not, pursuant to Paragraph 3.2, qualified, Property Owner will, immediately upon City's written demand, and at Property Owner's sole cost, take all lawful steps to terminate such leasing.~ Each tenant who hereafter leases or occupies an Affordable Apartment agrees that if such tenant is not so qualified, he, she or they will immediately upon demand of Property Owner or City (i) terminate such lease and (ii) vacate such Affordable Apartment. 4.4 Remedies Not Exclusive. The remedies set forth in Paragraphs 4.2 and 4.3 are not exclusive, but are in addition to all legal or equitable remedies otherwise available to City. ARTICLE 5 - General Provisions 5.1 Assignment. The rights and obligations of Property Owner under this Agreement may be transferred or assigned, provided such transfer or assignment is made as a part of the conveyance of the fee of all or a portion of the Real Property. Any such transfer or assignment will be subject to the provisions of this Agreement. During the term of this Agreement, any such assignee or transferee will observe and perform all of the duties and obligations of Property Owner contained in this Agreement as such duties and obligations pertain to the portion of said real property so conveyed. 5.2 Amendment or Cancellation of Agreement. This Agreement may be amended from time-to-time by the mutual consent of the parties hereto but only in the same manner as its adoption. The term "this Agreement" includes any such amendment properly approved and executed. 5.3 Enforcement. Unless amended or cancelled as provided in Sections 6.4 or 6.5, this Agreement is enforceable by any party to it despite a change in the applicable general or specific plans, zoning, subdivision or building regulations adopted by City which alter or amend the rules, regulations or policies governing permitted uses of the land, density and design. 5.4 Hold Harmless. Property Owner agrees to and will hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for ~operty damage which may arise from the direct or indirect operations of the }petty Owner or those of its contractors, subcontractors, agents, employees ~r other persons acting on Property Owner's behalf which relate to the Real Property. Property Owner agrees to and shall defend City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Property Owner's activities in connection with the Real Property. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not City prepared, supplied or approved plans or specifications, or both, for the Real Property. 5.5 Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the parties' successors in interest. 5.6 Relationship of Parties. It is understood that the contractual relationship between City and Property Owner is such that Property Owner is an independent contractor and not an agent of City. 1500 5.7 Notices. All notices, demands and correspondence required or --ovided ~r this Agreement shall be in writing and delivered in person dispatched by certified mail, postage prepaid. Notice required to be given co City shall be addressed as follows: The City of Chula Vista Attn: Community Development Director 276 Fourth Avenue Chula Vista, California 92010 Notices required to be given to Property Owner shall be addressed as follows: Mitre Broadway Partners 8080 La Mesa Blvd., Ste. 213 La Mesa, CA 92041 A party may change its address by giving notice in writing to the other party. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. ARTICLE 6 - Conflicts of Law ~'- d ra after this Agreement has been entered co prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the parties will: 6.1.1 Notice and Copies. Provide the other party with written f notice of such state or federal restriction, provide a copy o such regulation or policy and statement of conflict with the provisions of this Agreement. 6.1.2 Modification Conferences. The parties will, within 30 days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. 6.2 Council Hearings. Thereafter, regardless of whether the parties reach an agreement on the effect of such federal or state law or regulation upon this Agreement, the matter will be scheduled for hearing before the Council. Ten days' written notice of such hearing will be given, pursuant to Government Code section 65854.5. The Council, at such hearing, will determine the exact modification or suspension which shall be necessitated by such federal or state law or regulation. Property Owner, at the hearing, will have the right to offer oral and written testimony. Any modification or suspension will be taken by the affirmative vote of not less than a majority of the authorized voting members of the Council. 6.3 Cooperation in Securin9 Permits. The City shall cooperate with the Property Uwner in the securing o~ any permits which may be required as a "'~ult of such modifications or suspensions. / .c.. ARTICLE 7 - Annual Review 7.1 City and Land Owner Responsibilities. City will, at least every 12 months during the term of this Agreement, review the extent of good faith substantial compliance by Property Owner wiXh the terms of this Agreement. Pursuant to Government Code section 65865.1, Property Owner will have the duty to demonstrate its good faith compliance with the terms of this Agreement at such periodic review. Property Owner will be deemed to have satisfied its duty of demonstration when it presents evidence on its good faith and substantial compliance with the major provisions of Article 3 of this Agreement. Either party may address any requirement of this Agreement during the review. However, ten days' written notice of any requirement to be addressed will be made by the requesting party. If at the time of review an issue not previously identified in writing is required to be addressed, the review at the request of either party will be continued to afford sufficient time for analysis and pre'paration. 7.2 Opportunity to be Heard. Upon written request to City by Property Owner, the Property Owner will be permitted an opportunity to be heard orally and/or in writing at a noticed public hearing regarding its performance under this Agreement. 7.3 Information to Be Provided Property Owner. The City will to such an extent as is practical, deposit in the mail to Property Owner a c~py of staff reports and related exhibits concerning contract performance a minimum of ten calendar days prior to any such review or action upon this Agreement by the "~anning Commission or the City Council. ARTICLE 8 - Miscellaneous Provisions 8.1 Rules of Construction. The singular includes the plural and the neuter gender includes the masculine and the feminine. 8.2 Severability. The parties hereto agree that the provisions are severable. If any provision of this Agreement is held invalid, the remainder of this Agreement will be effective and will remain in full force and effect unless amended or modified by mutual consent of the parties. 8.3 Entire Agreement, Waivers and Amendments. This Agreement constitutes a anQ Ot the the entire un erstano~ng agreement parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiation or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the City or by Property Owner. All amendments hereto must be in writing signed by the appropriate authorities of the City and by Property Owner, in a form suitable for recording in the Office of the 150g Recorder, Count,)' of San Diegoo Within ten da~vs of t,he date of this Agreement ~ subsequent, theret,o, a cop)' will be recorded in the official records of San !9o Count,)', California, IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. THE CITY OF CHULA VISTA, a municipal corporation Ma)'Oi,, ~ ~ ,! BYChuc~/~i~l~i er~ WPC 1744X Individual Acknowledgement STATE OF CALIFORNIA I 5% COUNTY OF San Diego On July_ 14 ~,19 88 ,, before me, theundersigned, aNotaryPublicinandforsaid County and State, personally appeared CHUCK MILLER personally known to me (or proved to me on the basis of satisfactory evidence) to be the person _ whose name is subscribed to this instrument and acknowledged that __he executed it. OFFICIA WITNESS my hand and official seal. Notary Sea) · KRAMER .... - ~I~5OCOUNTY Notary Public in and for said County and State 1503 SUPPLEMENTAL RENTAL APPLICATION Ihe rental unit for which you are applying has received governmental assistance under programs to encourage more affordable housing. As a result, the unit carries a rent level restriction and is restricted to occupancy by low and moderate income households. The information required on this form is necessary to determine your income eligibility to occupy the unit. You must report all household income. Information provided will be confidential and not subject to public disclosure pursuant to State Government Code Section 6254(n). 1. Rental Unit Address 2. Applicant Name 3. Other Household Members 4. Total Current Annual Household Income from all Sources: TOTAL $ Detail: Household Member Income Source EXHIBIT A -1- 5. Total Gross Annual Household Income shown on most recent Federal Tax ._ return (attach copies of most recent Federal Tax returns for all household members receiving income. Include other verification of income not appearing on tax forms.) $ APPLICANT'S STATEMENT I certify. under penalty of perjury that the foregoing information is true and correct to the best of my knowledge. I understand that any misrepresentation of the information contained herein may be cause for eviction. Signature Date Applicant OWNER'S STATEMENT Based on the foregoing information, I certify: under penalty of perjury that the applicant is eligible to occupy this restricted affordable unit. Eligibility is based on finding that the applicant household's current annual income is $ and does not exceed current maximum household income of $ allowed under the terms of a Development ~reement with the ~lty o~ Chula Vista regarding this residential rental /elopment. Name Title Signature Date WPC 1744X EXHIBIT A -2- Order No. D-669200 2. Title to said estate or interest at the date hereof is vested in: STEVEN KENDE AND EVA KENDE, husband and w~fe, as ioint tenants 3. The land referred to in tDls report is situated in the State of Cali- fornia, County of San Diego, and is described as follows: The North half of Lot Nine in Quarter Section One llundred Fortyfive of Chula Vista, RanchD de la Nacion, in the Co~nty of Sml Diego, State of California, according to Map thereof No. 505, filed in the Office of the County Reaorder Of San Diego County, ~trcD 13, 1888. c c ATTAS i ENT CITY OF CHULA VISTA HOUSING DENSITY BONUS POLICY Adopted by City Council Resolution No. 12135 on August 13t1985 OBJECTIVE To provide a procedure for City response to formal requests by housing developers for density bonuses under the provisions of California Government Code Section 65915, which provides for increases in densities of residential rental units in exchange for the provision of affordable housing units; to establish the degree of provision of those affordable housing units required by the City in granting density bonuses under California Government Code Section 65915. CONDITIONS In order to obtain approval of a density bonus or an incentive of equivalent financial value, the housing developer must commit to the following provision of affordable housing: 1. A minimum of 20% of the pre-density bonus unit count to be occupied and affordable to low-income households and 5% of the pre-density bonus unit count to be occupied and affordable to moderate income households. Low-income is defined as at or below 80% of the HUD-publishe~ SMSA median income adjusted for family size and moderate income as between 81 and 120% of the HUD-published SMSA median income adjusted for family size. Studios shall be assumed to be occupied by one-person households, one bedrooms by two-person households, and two bedrooms by four-person households.- Affordability shall be defined as being a monthly rental rate not in excess of 25% of the monthly income of the appropriate lower income or moderate income family size. 2o Affordable units to be committed to low-income household occupancy for a minimum of 25 years. PROCEDURE 1. An applicant wishing a density b6~us shall submit jointly to the Planning Director and the Community Development Director the following preliminary information: a. A letter formally requesting the density bonus and describing the project, project location, total units allowable under existing zoning, total density requested, and number, size, and location of affordable units proposed. b. Project financial information, including a pro forma and projected rent schedule. c. Land use and design details and drawings which in the judgment of the Planning Director are sufficient in scope and detail to allow preliminary evaluation of the proposed project's configuration and impact. Housing Density Bonus Policy August 6, 1985 Page Two 2. The housing developer's request shall be taken to the Planning Commission and the City Council for preliminary recommendation and approval or disapproval, subject to all necessary and appropriate City development approvals based on the standards applicable to the post-density unit count. 3. The City shall within 90 days of the housing developer's preliminary request notify the applicant of: a. Its intention to allow the requested density bonus, subject to all necessary and appropriate City development approvals. b. Its intention to c6nsider incentives of equivalent financial value in lieu of the density bonus, in which case the City shall inform the housing developer of the fee for evaluation of those incentives of equivalent financial value. c. Its conclusion that the request has been found to be invalid for articulable reasons. 4. In response to 2a, the housing developer may follow the appropri,~-- City procedures for housing development approval of the propo project including the density bonus. 5. In response to 2b, the developer may submit to the Community Development Director a letter agreeing to the evaluation of incentives of equivalent financial value and, in that case, shall submit the appropriate fee payment. The City shall then submit the project information to the City Housing Consultant for evaluation and recommendation to the City Council on appropriate incentives of equivalent financial value. The City Council shall make its determination and offer the selected incentives to the developer in exchange for the appropriate affordable housing provisions. 6. In response to 2a or 2b, the housing developer shall enter into a Housing Cooperation Agreement with the City Council which identifies and conenits the provision of affordable housing and which is recorded against the project property. WPC 1689H  R~-'Y~ BROAD.W),_y~ ~ ,~ MINUTES OF A REGULARLY SCHEDULED MEETING OF THE DESIGN REVIEW COMMITTEE 4:40 p.m. Conference Rooms May 5, 1988 Public Services Building ROLL CALL MEMBERS PRESENT: Chairman O'Neill; Members Araiza and Gilman MEMBERS ABSENT: Members Welsh and Flach (both with notification) STAFF PRESENT: Principal Planner Lee, Town Planner Reid, Assistant Planner Hernandez 1. APPROVAL OF MINUTES OF APRIL 7, 1988 The minutes of April 7, 1988, were held due to a lack of quorum. 2. TC/DR 104 Preliminary for Norman Park Senior Center to be located at the southwest corner of "F" Street and Del Mar Avenue, Remodel and Expansion. Town Planner Reid went over the location of the property and gave some of the background relating to two subcommittee meetings which had been held Design Review Committee -5- May 5, 1988 5. DRC~88-24 Charles Miller and Tom Murray, 60 apartment units to be constructed at 1053 Broadway Assistant Planner Hernandez stated the subject property is located on the east side of Broadway between Moss and Naples Street in the Montgomery Area and is just under 2 acres in size relatively level. He noted the project had been before the Design Review Committee on several occasions and had been continued at the January 7 meeting to allow the project architect and the applicant time to resolve the legality of using the northerly adjacent access easement. The Committee had previously expressed concern over granting a density bonus with a project served with a limited access easement. He stated that the applicant has tentativelv-- secured the right to use the two westerly portions of the access easement; consequently, the architect has revised the plan to reflect the new access to the site. This is a result of a modification to the site plan dividing the project into two areas with the driveway bisecting the easterly portion of the project. The architecture has remained essentially consistent and staff is satisfied with the new site plan in meeting the requirements of the ordinance and the design manual. Mr. Hernandez pointed out that condition 'g' can now be eliminated since a complete set of revised plans have been submitted to the staff. Chairman O'Neill noted that he would still prefer a second access through the commercial area; however, this plan generally satisfies his original concerns. Chuck Angel, architect for the project, indicated that he had n~' particular concern over the staff comments and conditions other than condition 'h' which reflects the need to pave the entire access easement to the east end of the parcel. It needs to be modified since their project stops 140' to the west of the east property line. MSUC (Gilman/Araiza) 3-0 to approve the Negative Declaration, IS-88-31M. MSUC (Araiza/Gilman) 3-0 to approve the project subject to staff conditions a through f with condition h to be modified that the entire access easement shall secured, recorded, and fully improved per City standards from Broadway to a point 140' west of the east property line of the parcel. ~=-he meeting was adjourned at 6:40 p.m. Kenneth G. Lee, Recorder WPC 5185P negative declaration 3ECT NAME: 60-Unit Apartment Project PROJECT LOCATION: 1053 Broad~ay PROJECT APPLICANT: Charles A. Miller & Tom Murray CASE NO: IS-88-31M DATE: December 28, 1987 A. Project Setting The proposed project site is a 1.8 acre level, rectangular parcel located on the east side of Broadway between Naples and Moss Street. The front portion of the lot contains an upholstery shop while the rear portion of the lot is vacant. The property is surrounded by apartments and commercial facilities to the north and south, single family dwellings to the east, and retail commercial buildings to the west. B. Project Description The proposed project consists of 60 unit apartments in 6 buildings, 52 would be market rate with 8 units provided through the State low and moderate income family housing program. Proposed buildings would be a combination of two stories and two stories with lofts. A total of 102 parking spaces would be provided on site, some of which are provided in garages. C. Compatibility ~ith Zoning and Plans The proposed 6D-unit apartment project complies with the RU-29 residential zone in accordance with the State's low and moderate income density bonus program, which allow an increase in density not to exceed 25% over that permitted by the zone. The General Plan designates the project area for medium density residential uses (4-12 du's per acre). However, the project may proceed with the D. Identification of Environmental Effects Drainage Tl~e proposed project is located within a lOO-year flood plain for the Telegraph Canyon Creek and may be subject to existing flooding hazards. In addition, two 54-inch storm drains offsite flow into an onsite 60-inch storm drain which flows west along tile soutllerly property boundary. The size of the onsite drain may be inadequate to serve the surface drainage needs of the proposed project. '~ city of chula vista planning department CI'IY OF environmental review section CHUJ. A VISTA -2- E. Mitigation necessary to avoid significant effects Drainage Construction of buildings within any lO0-year floodplain requires that first floor building elevations be at least 1 foot above the hydraulic grade line of the floodplain on the property. This is a standard development regulation required as part of the building permit process. The issue of inadequate drainage facilities must be addressed through the grading permit process prior to issuance of any building permits for the project. The applicant is required to submit a grading and improvement plans which show that adequate drainage facilities are present both onsite and off to accommodate surface runoff from the project site. The information presented at that time will be evaluated by the Environmental Review Coordinator in order to determine whether or not adequate prior environmental review has been performed, or if new information is presented to warrant further environmental review. Since the issues of location in the floodplain and adequate drainage must be addressed and mitigated through standard development code requirements, no further mitigation is necessary at this time. F. Findings of Insignificant Impact 1. Through standard development code which require raising propost buildings one foot above flood elevations, and provision of adequate drainage facilities on site and off, the project will not degrade the quality of the environment. 2. The provision of drainage improvements achieve both short and long term environmental goals for the area. 3. The proposed 60 unit apartments contain no adverse environmental effects that are cumulative in nature. 4. With provision of adequate drainage and standard construction regulations, the proposed 60 unit apartments will not cause substantial adverse effects on human beings. 4. Consultation 1. Individuals and Organizations City of Chula Vista: Julie Schilling, Assistant Planner Roger Uaoust, Senior uivil Engineer William ~Jheeler, ~uilding and Housing Department Carol Gove, Fire I,~arshal Mike Donnelly, Associate Traffic Engineer Applicant's Agent: Charles Angyal, AIA. A 2137 Pacific Highway, Suite "A" San Diego, CA 921U1 ( ( -3- 2. Documents - Chapter 19.70, Title 19 (Zoning) Chula Vista Municipal Code - General Plan, City of Chula Vista - Draft Montgomery Specific Plan 1987 - Floodway, Flood Boundary and Floodway Map, Panel 060284 2152, National Flood Insurance Program, June 15, 1984. The Initial Study application and evaluation forms documenting the findings of no significant impact are on file and available for public review at the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. ENVIR~E~TAL REVIEW COORDINATOR EN 6 !Rev. 5/85) 4652P - 2 - B. PROPOSED PROjECT 1. Land Area: sq. footage 77,956 or acreage 1.80 If land area to be dedicated, state acreage and purpose. N/A' 2. Complete this section if project is residential. a. Type development: Single family Two family Multi family X Townhouse Condominium b. ~lumber of structures and heights 4 BUILDINGS ~ 2 - TWO STORY BUILDINGS AND 2 - TWO STORY BUILDINGS WITH LOFTS c. Number of Units: 1 bedroom 6 2 bedrooms 48 1 bed. ~ LO~l'bcdro~ms 6 4 bedrooms 0 Total units 60 d. Gross density (DU/total acres) 33 e. l~et density (DU/total acres minus any dedication) N/A f. Estimated project population 120 PERSONS $50~.00 -650.00 Per Month g. Estimated sale or rental price range 4 ~ 900 SF., 6 ~ 704 SF. h. Square footage of floor area(s)28 @ 816 SF., 16 @ 790 SF., & 6 @ 586 SF. i. Percent of lot coverage by buildings or structures 27% j. Number of on-site parking spaces to be provided 102 k. Percent of site in road and paved surface 27% 3. Complete this section if project is commercial or industrial. a. Type(s) of land use N/A b. Floor area Height of structure(s} c. Type of construction used in the structure do Describe major access points to the structures and the orientation to adjoining properties and streets e. Number of on-site parking spaces provided f. Estimated number of employees per shift , Number of shifts Total g. Estimated number of customers (per day) and basis of estimate ( h. Estimated range of service area and basis of estimate i. Type/extent of operations not in enclosed buildings j. Hours of operation k. Type of exterior lightin6 4. If project is other than residential, commercial or industrial complete this section. a. Type of project b. Type of facilities provided c. Square feet of enclosed structures d. Height of structure(s) - maximum e. Ultimate occupancy load of project f. Number of on-site parking spaces to be provided g. Square feet of road and paved surfaces -__ C. PROjECT CHARACTERISTICS 1. If the project could result in the direct emission of any air pollutants, (hydrocarbons, sulfur, dust, etc.) identify them. N/A 2. Is any type of grading or excavation of the property anticipated YES (If yes, complete the following:) a. Excluding trenches to be backfilled, how many cubic yards of earth will be excavated? 0 b. How many cubic yards of fill will be placed? ~Ot c. How much area Isq. ft. or acres) will be graded? 0 d. What will be the - Maximum depth of cut C Average depth of cut d~ Maximum depth of fill ?~l ~ Average depth of fill I ~ '~ ~ ( ( ~ 4 - 3. Describe all energy consuming devices which are part of the proposed project and the type of energy used/air conditioning, electrical appliance, heating equipment, etc.) ALL ITEMS WILL BE C.E,C. APP~AVFn ITFMS. 4. Indicate the amount of natural open space that is part of the project (sq. ft. or acres). N/A 5. If the project will result in any employment opportunities describe the nature and type of these jobs. APARTMENT MANAGEMENT, & MAINTANANCE 6. Will highly flammable or potentially explosive materials or substances be used or stored within the project site? 7. How many estimated automobile trips, per day, will be generated by the project? N/A 8. Describe (if any) off-site improvements necessary to implement the project, and their points of access or connection to the project site. Improvements include but not limited to the following: ne~-~ streets; street widening; extension of gas, electric, and sewer ' "" lines; cut and fill slopes; and pedestrian and bicycle facilities. UPGRADING & MAINTANANCE OF ACCESS ROAD TO PROPERTY AND EXTENSION OF UTILITIES. D. DESCRIPTION OF ENVIRONMENTAL SETTING 1. Geology Has a geology study been conducted on the property? {If yes, please attach) Has a Soils Report on the project site been made? Yes IIf yes, please attach) 2. Hydrology Are any of the following features present on or adjacent to the site? {If yes, please explain in detail.) a. Is there any surface evidence of a shallow ground water table? NO b. Are there any watercourses or drainage improvements on or adjacent to the site? SEE EXISTING SITE PLAN ( ( - 5 - c. Does runoff from the project site drain directly into or towa~ a domestic water supply, lake, reservoir or bay? No d. Could drainage from the site cause erosion or siltation to adjacent areas? NQ e. Describe all drainage facilities to be provided and their location. 3. Noise a. Will there be any noise generated from the proposed project site or from points of access which may impact the surrounding or adjacent land uses? NO 4. Biology a. Is the project site in a natural or partially natural state? No b. Indicate type, size and quantity of trees on the site and ~vhich (if any) will be removed by the project. SITE IS CLEARED 5. Past Use of the Land a. Are there any known historical resources located on or near the project site? NO b. Have there been any hazardous materials disposed of or stored on or near the project site? NO 6. Current Land Use a. Describe all structures and land uses currently existing on the project site. 165' x 150' OF lOT FACTNG BROADWAY TS C~MMFRCIA) USE. THE REMAINING 165' x 470' IS UNUSED AND UNTENDED. ( ( b. Describe all structures and land uses currently existing on adjacent property. North MULTI - FAMILY APARTMENTS, AND COMMERCIAL USES South MULTI - FAMILY APARTMENTS AND COMMERCIAL USES East SINGLE FAMILY DWELLINGS West BROADWAY AVE. AND SINGLE ~AMILY DWELLINGS 7. Social a. Are there any residents on site? (If so, how many?) No b. Are there any current employment opportunities on site? (If so, how many and what type?) Commercial Part will remain. Please provide any other information which could expedite the evaluation of the proposed project. - 7 - E. CERTIFICATION or Owner/owner i n escrow* "~'ARLES ANG~A ~'.I .A. ARCHITECT/AGoE~r~T Consul t~t~or Agent* ' HEREBY AFFIRM, that to the best of my belief, the statements and information herein contained are in all respects true and correct and that all known information concerning the project and its setting have been included in Parts B, C and D of this application for an Initial Study of possible environmental impact and any enclosures for attachments thereto. DATE: f/~f/~7 *If acting for a corporation, include capacity and company name. ( Case CITY DATA F. PLANNING DEPARTMENT l. Current Zoning on site: ',/~C,' North \ ~ South \~ ', East ~'t/ -I ~ West ( ~ ~ Does the project conform to the current zoning? ~,~,c~ . ,.~. ~ (~,~d ~.~.~ 9<...-2~) ')c.,-i~c,~ ~ i-t~,~ '~,-,~ 2, GeneraFP an I 'n~bse ~- ,- c~ '/-~n~"' I a designation on site: Hvi ~en,',~-~s- ~[(/F~i' ~( North -,~ S " / South 'K "- East ~'VF,~C.,m ~,~s, t,, ~,~;~/~n"!~', i West ,,~../-.-.-~.~/,tL ~.'-¥~.'~ Is the prgject compatible with the General Plan Land Use Diagram? ~',~' d .~c'<rc -~?, ~'.<:~ ,': NI ",-:~?r~,'~,x ~c,,~,~ ~Dx~:~c.~ Is ~he pPojec~ aPea designated for consePva~on oP open space oP adSacent ~o an aPea so designated? Is the project located adjacent to any scenic routes? i)C. (If yes, describe the design techniques being used to protect or enhance the scenic quality of Chula Vista.) How many acres of developed parkland are within the Park Service District of this project as shown in the Parks and Recreation Element of the General Plan? What is the current park acreage requirements in the Park Service District? /, ~ ~.l'~ ~ '- How many acres of parkland are necessary to serve the proposed project? (2AC/IO00 pop.) . :~ ' ,:./,,~, Does the project site provide access to or have the potential to provide access to any mineral resource? (If so, describe in detail.) ( ( -9- 3'. School s A If the proposed project is residential, please complete the following: Current Current Students Generated School Attendance ~apacity From Project E1 ementary ?x~ · c 5 ~L{ ~ Jr. Hi gh ( ~,,~&~ '~c~ /S~ S ~ Sr. High (h,~<.U;~V~t i%/~ ' 4. Aesthetics Doe~ ~he p~ojec~ contain features ~h~ch could be construed ~o be a~ a variance f~o~ neaoby features due ~o bu~k, fo~, ~ex~u~e o~ color? (~f so, please describe.) ~'~c.c~ ~ ~,,~'~Fc~ ~' ~h%~( . 5. Energy Consumption Provide the estimated consumption by the proposed project of the following sources: Electricity (per year) Natural Gas (per year) ~ Water (per day) 6. Remarks: ctor ofPlanning o~ Representative Dat~ & h . -lO- case No. IS G. ENGINEERING DEPARTMENT 1. Drainage a. Is the project site within a flood plain? b. Will the project be subject to any existing flooding hazards?~)~ c.' Will the project create any flooding hazards? _ d. What is the location and description of existing on-site drainage facilities? ~r _~Q~f ~tk~f~A ~r~,^ ~ e. Are they adequate to servelth~ project? . f. What is the location and description of existing off-site drainage facilities? f~o " +~ 'n ' g. A e they a~equate to serve the project? r 2. Transportation a. What roads provide primary access to the project? b. What is the estimated number of one-way auto trips to be generated by the project (per day)? 3~,i~) c. Wh'at is the ADT and estimated level of service before and after project completion? Before After l_XO0 L.O.S. I~ d. Are the primary access roads adequate to serve the project? If not, explain briefly. e. Will it be necessary that additional dedication, widening and/or improvement be made to existing streets? If so, specify the general nature of the necessary actions. C~./~; - ( ( - 11 Case No. 3. Geology a. Is the project site subject to: Known or suspected fault hazards? ' Liquefaction? Landslide or slippage? b. Is an engineering geolo~ report necessary to evaluate the project? 4. Soils a. Are there any anticipated adverse soil conditions on the project site? b. If yes, what are these adverse soil conditions? c. Is a soils report necessary? ~ _ 5. Land Form' a. What is the average natural slope of the site? b. What is the maximum natural slope of the site? 6. Noise Are there any traffic-related noise levels impacting the site that are significant enough to justify that a noise analysis be required of the applicant? - 12 - Case No. 7. Air Quality If there is any direct or indirect automobile usage associated with this project, complete the following: Total Vehicle Trips Emission Grams of (per day) Factor Pollution co 3~0 x 118.3 = 4~ Hydrocarbons. 3~0 X 18.3 = ~ NOx (NO2) 3~ X 20.0 = '~ O0 Particul ates ~ X 1.5 = ~0 Sulfur ~ X .78 = ~ ~ 8. Waste Generation How much solid and liquid (sewage) waste will be generated by the proposed project per day? solid ~" What is the locBtion and size of existing sewer lines on or adjacent " to the site? ~'3~_~ae~ 4~,~ ~ ~s+ ~ ~m~ ~v~e~z~v Are they a~equate to serve the proposed project? g. Public Facilities/Resources Impact If the project could exceed the threshold of having any possible significant impact on the environment, please identify the public facilities/resources and/or hazards and describe the adverse impact. (Include any potential to attain and/or exceed the capacity of any public street, sewer, culvert, etc. serving the project area.) Remarks/necessary mitigation measures iSity ~ineer or Representative Date (' - 13 ~ Case No. /s- H, FIRE DEPARTMENT . ], What is the distance to the nearest fire st 'on and ~hat is the Fire Department's estimated reaction time? /~/~ ~F~. 2. Will the Fire Department be able to provide an adequate level of fire protection for the proposed facility without an increase-in equipment or personnel? ~ , ~ire M Oat~ / / ( CHULA VISTA FIRE DEPARTMENT BUREAU OF FIRE PREVENTION PLAN CORRECTION SHEET Type Constr. Occ No. Stories__ Bldg. Area The following list does not necessarily include all errors and omissions. PROVIDE AND SHOW ON PLAN: FPB-29 EVALUATION OF POTENTIAL ENVIRONMENTAL IMPACTS CASE NO. fs I. Analysis (Provide in Section J an explanation of mitigation proposed for all significant or potentially significant impacts.) YES POTENTIAL NO 1. Geology a. Is the project site subject to any substantial hazards, such as earthquakes, landsliding, or liquefaction? b. Could the project result in: Significant unstable earth conditions or changes in geological substructure? A significant modification of any unique geological features? ,~/-' Exposure of people or property to significant geologic hazards? 2. Soil s a. Does the project site contain any soils which are expansive, alluvial or highly erodible? -L~ b. Could the project result in: A significant increase in wind or water erosion of soils, either on or off-site? A significant amount of siltation? 3. Ground Water a. Is the project site over or near any accessible ground water resources? ( < YES POTENTIAL NO b. Could the project result in: A significant change in quantity or quality of ground water? ~- A significant alteration of direction or rate of flow of ground water? Any other significant affect on ground water? 4. Drainage a. Is the project site subject to inundation? b. Could the project result in: A significant change in absorption rates, drainage patterns or the rate of amount of surface runoff? Any increase in runoff beyond the capacity of any natural water-way or man-made facility either on-site or downstream? Alterations to the course or flow of flood waters? Change in amount of surface water in any water body? Exposure of people or property to water related hazards such as, flooding or tidal waves? 5. Resources Could the project result in: Limiting access to any significant mineral resources which can be economically extracted? The significant reduction of currently or potentially productive agricultural lands? 6. Land Form Could the project result in a substantial change in topography or ground surface relief features? YES POTENTIAL 7. Air Quality a. Is the project subject to an air quality impact from a nearby stationary or mobile source? b. Could the project result in: A significant emission of odors, fumes, or smoke? Emissions which could degrade the ambient air quality? Exacerbation or a violation of any National or State ambient air quality standard? Interference with the maintenance of standard air quality? The substantial alteration of air movement, moisture or temperature, or any significant change in climate either locally or regionally? A violation of the revised regional air quality strategies (RAQS)? 8. Water Quality Could the project result in a detrimental effect on bay water quality, lake water quality or public water supplies? 9. Noise a. Is the project site subject to any unacceptable noise impacts from nearby mobile or stationary sources? b. Could the project directly or indirectly result in a significant increase in ambient noise levels? ( < YES POTENTIAL NO 10. Biology a. Could the project directly or indirectly affect a rare, endangered or endemic species of animal, plant or other wildlife; the habitat of such species; or cause interference with the movement of any resident or migratory wildlife? b. Will the project introduce domestic or other animals into an area which could affect a rare, endangered or endemic species? ll. Cultural Resources a. Will the proposal result in the alteration of or the destruction of a prehistoric, historic, archaeological or paleontological resource? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historical building, structure, or object? c. Does the proposal ~ave the potential to cause ~ a physical change which would affect unique ethnic or cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? LIII 12. Land Use a. Is the project clearly inconsistent with the following elements of the General Plan? Land Use Ci rcul ati on Scenic Highways Conservation Housing Noise Park and Recreation ' Open Space Safety " Seismic Safety Public Facilities ( < YES POTENTIAL b. Is the project inconsistent with the Comprehensive Regional Plan? 13. Aesthetics a. Could the project result in: Degradation of community aesthetics by imposing structures, colors, forms or lights widely at variance with prevailing community standards Obstruction of any scenic view or vista open to the public? Will the proposal result in a new light source or glare? 14. Social a. Could the project result in: The displacement of residents or people employed at the site? A significant change in density or growth rate in the area? The substantial demand for additional housing or affect existing housing? ' 15. Community Infrastructure a. Could the project inhibit the ability of the urban support system to provide adequate support for the community or this project? b. Could the project result in a deterioration of any of the following services? Fire Protection Police Protection Schools Parks or Recreational Facilities Maintenance of Public Facilities Including Roads (- ( YES POTENTIAL 16. Energy Could the project result in: Wasteful, inefficient or unnecessary consumption of energy? A significant increase in demand on existing sources of energy? A failure to conserve energy water or other resources? 17. Utilities Could the project result in a need for new systems or alternatives to the following utilities: Power or natural gas Communications systems Water Sewer or septic tanks Solid waste & disposal 18. Human Health Could the project result in the creation of any health hazard or potential health hazard? 19. Transportation/Access Could the project result in: A significant change in existing traffic patterns? An increase in traffic that could substantially lower the service level of any street or highway below an acceptable level? 20. Natural Resources Could the project result in a substantial depletion of non-renewable natural resources? ( < YES POTENTIAL NO 21. Risk of Upset Will proposals involve: a. A risk of an explosion or the release of any hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset condition? b. Possible interference with an emergency plan or an emergency evacuation plan? 22. Growth Inducement Could the service requirements of the project result in secondary projects that would have a growth inducing influence and could have a cumulative effect of a significant level? 23. Mandatory Findings of Significance a. Does the project have a potential to degrade the quality of the environment, or curtail the diversity of the environment? b. Does the project have the potential to achieve short-term to the disadvantage of long-term environmental goals? (A short term impact on the environment is one which occurs in the relatively brief, definitive period of time, while long-term impacts will endure well into the future.) c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (Cumulatively considerable means that the incremental effects of an individual project are considerable when viewed in connec- tion with the effects of past project, the effects of other current projects and the effects of probable future projects.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? - 21 - J. PROJECT REVISIONS OR MITIGATION MEASURES The following project revisions or mitigation measures have been incorporated into the project and will be implemented during the design, construction or operation of the project: Project Proponent Date K. DETERMINATION On the basis of this initial study: L It is recommended that the decision making authority find that ' the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby forwarded to the decision making authority for consideration and adoption. It is recommended that the decision making authority find that ' although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the MITIGATION MEASURES described above have been ADDED to the project and a MITIGATED NEGATIVE DECLARATION is hereby forwarded to the decision making authority for consideration and adoption. It is found that the proposed project MAY have a significant 'effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required to evaluate the issues identified in this Initial Study. It is found that further information will be necessary to ' determine any environmental significance resulting from the project and the technical information listed below is requi red prior to any determinati on. Environmental Review Coordi~n~tor Date WPC O169P Sweetwater Union High School District ADMINISTRATION CENTER 1130 FIFTH AVENUE CHULA VISTA. CALIFORNIA S2Otl (6].9) 69].-5553 ~LANNING DEPAIrI'MENT LDEC ,8 .987 December 16, 1987 Hr. Douglas Reid Environmental Redevelopmerit Coordinator City of Chula Vista Planning Department P.O. Box 1087 Chula Vista, CA 92012 Dear Doug: RE: IS-88-31M The proposed 60 unit apartment complex for 1033 Broadway can be expected to generate approximately 18 students. The secondary schools which will service this development are Chula Vista Junior High School and Chula Vista High School. Their respective enrollments are 1325 students at the junior high school and 1814 students at the high school. These enrollment figures exceed the permanent capacity of the school sites, and the result is 713 unhoused students. To mitigate this problem, trailers and relocatable structures have been installed for temporary service. Payment of the facilities is made possible via the payment of developer impact fees. The project will be required to pay fees pursuant to Government Code 53080 prior to issuance of building permits. If you have any questions or comments, please feel free to call me at 691-5553. Respectfully, Thomas Silva Director of Planning TS/sly CITY OF CHULA VISTA DISCLOSURE STATEMENT IAPPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATI( WHICH WI L REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNI COMMISSI N AND ALL OTHER OFFICIAL BODIES. The following information must be disclosed: 1. List .the names of all persons having a financial interest in the application. CHARLES A. MILLER & TOM MURRAY 8080 LA MESA BLVD., STE.#213 LA HESA, CA 92041 List the names of all persons having any ownership interest in the property involve EVA ZIHMERMAN 2. If any person identified pursuant' to (1) above is a corporation or partnership, the names of all individuals owning more than 10% of the shares in the corporati or owning any partnership interest in the partnership. 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-prof organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of Ci~ staff, Boards, Commissions, Committees and Council within the past twelve month~ Yes~ No If yes, please indicate person(s) iPerson is defined as: "Any individual, firm, copartnership, joint venture, associatior soc"6'E'[~[ club, fraternal organization, corporation, estate, trust, receiver, syndicate this and any other county, city and county, city, municipality, district or othE political subdivision, or any other group or combination acting as a unit~" (NOTE: Attach additional pages as necess~ ~ A Signature of applicant/date WPC 0701P C~f~,~ A- h~t,~.E,l;k, A-IIO Print or type name of applicant