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Home My WebLink About2012/09/25 Item 09 Attachment 08 Addendum to EIR 01-01 Eastlake III Woods and Vistas Replanning Program DRAFT PROJECT NAME: Lake Pointe PROJECT LOCATION: City of Chula Vista PROJECT APPLICANT: Integral Communities DATE: September 5, 2012 1.0INTRODUCTION The Final Environmental Impact Report, Eastlake III Woods and Vistas Replanning Program Subsequent EIR #01-01, SCH #2000071019 (EIR)contains a comprehensive disclosure and analysis of potential environmental effects associated with the implementation of the proposed project in the City of Chula Vista (Recon 2001). The site lies within the Vistas portion of the Eastlake III Sectional Planning Area (SPA Plan ). The adopted SPA Plan identifies the project site as 12.2 acres of Commercial Retail land use. The Project would require an amendment to the City of Chula Vista General Plan, the Eastlake III General Development Plan (GDP), SPA Plan, and Planned Community (PC) District Regulations, along with Design Review approval to replace the planned 12.2 acres of Commercial Retail land use with a mixed-use project consisting of 284 condominium units and 10,000 square feet of retail space A tentative subdivision map has also been prepared for the Project. This Addendum addresses the environmental effects associated with the Project. 2.0 CEQA REQUIREMENTS Sections 15162 through 15164 of the CEQA guidelines discuss a lead agency?s responsibilities in handling new information that was not included in a project?s final environmental impact report (EIR). Section 15162 of the CEQA Guidelines provides: (a)When an EIR has been certified?for a project, no subsequent EIR shall be prepared for that project unless the City determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: Addendum to EIR 01-01 Eastlake III Woods and Vistas Replanning Program DRAFT 1.Substantial changes are proposed in the project which will require major revisions of the EIR?due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2.Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3.New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, shows any of the following: (A)The project will have one or more significant effects not discussed in the [Final] EIR; (B)Significant effects previously examined will be substantially more severe than shown in the [Final] EIR; (C)Mitigation measures or alternatives previously found not to befeasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D)Mitigation measures or alternatives which are considerably different from those analyzed in the [Final] EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. In the event that one of these conditions would require preparation of a subsequent EIR, but ?only minor additions or changes would be necessary to make the [Final] EIR adequately apply to the project in the changed situation,? the City could choose instead to issue a supplement to the Final EIR (CEQA Guidelines, § 15163, subd. (a)). In the alternative, where the changes or new information will result in no new impacts, or no Addendum to EIR 01-01 Eastlake III Woods and Vistas Replanning Program DRAFT more severe impacts, than any that were disclosed in the Final EIR for the Project, it is appropriate for the City to prepare an addendum pursuant to CEQA Guideline, § 15164. That section states that an addendum should include a ?brief explanation of the decision not to prepare a subsequent EIR pursuant to § 15162,? and that the explanation needs to be supported by substantial evidence (CEQA Guidelines, § 15164, subd. (e).) The addendum need not be circulated for public review, but may simply be attached to the Final EIR (Ibid.; CEQA Guideline, § 15164, subd. (c)). Thus, in the following inquiry the City considers under the standards articulated above whether each of these changed circumstances reveal or create previously-undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts (CEQA Guidelines, §§15162, 15163, 15164, subd. (a); 15088.5, subds. [a], [b]). As the discussion demonstrates, it is appropriate for the City to prepare this Addendum to the Final Environmental Impact Report, Eastlake III Woods and Vistas Replanning Program Subsequent EIR #01-01, SCH #2000071019, pursuant to CEQA Guideline, § 15164. 3.0PROJECT LOCATION AND REGIONAL SETTING The proposed Lake Pointe project site is located within the City of Chula Vista in the southwestern portion of San Diego County, California (Figures 1 and 2). The project site is situated within the eastern portion of the Eastlake community within the Eastlake III SPA area bordered by Olympic Parkway. The proposed project would occupy approximately 12.2 acres on a site located 2.4 miles east of State Route 125 (SR-125), adjacent to residential development and Lower Otay Lake in the City of Chula Vista. Regional access to the project area is currently provided by Interstate 805 (I-805), located approximately 6 miles west of the project area. SR-125, located approximately 2.4 miles west of the project site, would provide additional north-south regional access. Additionally, regional east-west access would be served by SR-54, located approximately 6 miles northwest of the project area. Local primary access to the project site would be provided by Olympic Parkway, a 6-lane prime arterial roadway. 4.0PROJECT DESCRIPTION The 12.2 acre site currently consists of a vacant, rough-graded pad. Surrounding land uses include the Olympic Training Center to the south, a vacant site (future Olympic Pointe Addendum to EIR 01-01 Eastlake III Woods and Vistas Replanning Program DRAFT development) and Lower Otay Reservoir to the east, and existing residential development to the north and west. The Project would require an amendment to the City of Chula Vista General Plan to change the land use from CR (Commercial Retail) to MUR (Mixed Use Residential). Associated amendments would be required to theEastlake III General Development Plan (GDP), SPA Plan, and Planned Community (PC) District Regulations, along with Design Review to replace the planned 12.2 acres of Commercial Retail land with a mixed use project consisting of 284 residential units and 10,000 square feet of commercial retail space (Figure 3). A tentative subdivision map would create 5 lots and 284 condominium units. Residential housing options would include 110 one-bedroom units, 136 two-bedroom units, and 38 three-bedroom units. Garages for the use of residents are provided within each unit amounting to approximately 458 covered garage parking spaces. An additional 163 open parking spaces would be provided on site. The site lies within the Eastlake III SPA, and was analyzed in that planning document with Commercial/Retail land use. The Project would consist of less-intense land uses than those previously anticipated. Construction of the proposed project is expected to occur over the course of approximately 4 years, commencing in January 2013 with final buildout to take place in September 2016. 5.0IDENTIFICATION OF ENVIRONMENTAL EFFECTS The following environmental analysis provided in Section 6.0 supports a determination that approval and implementation of the Project would not resultin any additional significant environmental effects beyond those previously analyzed under the Final Second Tier EIR for the project. 6.0ANALYSIS Aesthetics/Landform Alterations Impacts to aesthetics are addressed in Section 4.5 of the EIR (Recon 2001). The project site is located along the southern portion of the Vistas area. As analyzed in the EIR, the project would result in significant on-site landform alteration and visual quality impacts from off-site locations. However, the proposed project is similar to and compatible with the uses in the current and future adjacent residential and commercial developments, thus reducing the significance of potential visual impacts. The Eastlake III SPA Plan includes design development standards and landscape concepts that would serve to reduce aesthetic impact to off-site area. The design of the Addendum to EIR 01-01 Eastlake III Woods and Vistas Replanning Program DRAFT SPA Plan is based on the unique characteristics of the landform and surrounding development. The Design Guidelines portion of the SPA Plan includes architectural design standards for new residences, and preservation of ridgelines and steep hillside slopes with native habitats. Architectural styles would be compatible with each other and surrounding development and easily integrated into the style and scale of the neighborhood. Although the proposed project would change the use from commercial retail to residential and commercial, the project would result in similar impacts to those previously analyzed in the EIR. Therefore, the proposed project would not result in new substantial or significant impacts beyond those previously analyzed in the EIR. Air Quality Impacts to air quality are addressed in Section 4.8 of the EIR. A project-specific Air Quality Technical Report was completed for the proposed project and is included as Appendix A of the Initial Study (Dudek 2012a). The air quality impact analysis evaluated the potential for adverse impacts to the ambient air quality due to construction and operational emissions resulting from the proposed project. Construction of the proposed project would result in a temporary addition of pollutants to the local airshed caused by soil disturbance, fugitive dust emissions, and combustion pollutants from on-site construction equipment, as well as from off-site trucks hauling construction materials. The analysis concludes that the daily construction emissions would not exceed the significance thresholds for criteria pollutants. Air quality impacts resulting from construction would, therefore, be less than significant. The proposed project would not result in any significant long term (operational) impacts to air quality, as new mobile and stationary sources associated with the proposed project following the completionof construction activities would remain well below the significance thresholds. As indicated in the Air Quality Technical Report, the project would not increase the severity of previously identified air quality impacts, nor would it result in any new significant effects related to air emission that were not previously identified in the EIR. The proposed project would generate 45% less average daily traffic (ADT) and 45% less total PM peak hour traffic than was calculated for the approved land uses in the EIR. Additionally, the project?s potential effect on global climate change was evaluated, and emissions of greenhouse gases (GHG) were estimated based on the use of construction equipment and vehicle trips associated with construction activities, as well as operational emissions once construction phases are complete. With implementation of GHG reduction measures the proposed project would reduce GHG emissions by as much as 30% by the year 2020, relative to business-as-usual. The proposed project would therefore exceed the target of 20% below business as usual that has been established for the Addendum to EIR 01-01 Eastlake III Woods and Vistas Replanning Program DRAFT purposes of assessing operational GHG emissions of projects in the City of Chula Vista, and this reduction would be consistent with the goals of AB 32. Furthermore, theproposed project would be consistent with Section 15.26.030 of the City?s Municipal Code by employing energy efficient measures beyond that required by the Energy Code, resulting in a 20% reduction in emissions generated by in-home energy use. Additionally, the proposed project would reduce the overall use of potable water by 20%, consistent with the City?s Municipal Code. Therefore, the proposed project would not result in new substantial or significant impacts beyond those previously analyzed in the EIR. Geology and Soils Impacts to geology and soils are addressed in Section 4.6 of the EIR. As indicated in the EIR, the project site consists of Diablo clay, 15 to 30 percent slopes and Diablo clay, 9 to 15 percent slopes. These soils have slow permeability, a high shrink-swell potential are slightly to moderately erosive, and are considered to be unsuitable for use as engineering material. Due to high shrink-swell potential, the top 2 to 3 feet of these clays should be removed and replaced with competent engineering fill when building structures (Recon 2001). Impacts that could result from project development on compressible and expansive soils would be reduced to less than significant through implementation of mitigation measures identified in the EIR, including the provision of a detailed geotechnical/soils report to ensure mitigation requirements are implemented prior to issuance of grading permits. The project area is located east of La Nacion, a north-south trending normal fault zone, which has been encountered in several subdivisions west of the project site. However, no active or potentially faults have been encountered during the construction of nearby projects (Recon 2001). Potential impacts resulting from geologic hazards would be reduced to less than significant through project design features indicated in the EIR, such as compliance with the requirements of the governing jurisdictions, building codes and standard practices of the Association of Structural Engineers of California. Therefore, the proposed project would not result in new substantial or significant impacts beyond those previously analyzed in the EIR. Hydrology and Water Quality Impacts to water quality are addressed in Section 4.4 of the EIR. A project-level Drainage Study, Hydromodification Study and Water Quality Technical Report were completed for the proposed project and are included as Appendices B, C, and D of the Initial Study, respectively (Fuscoe Addendum to EIR 01-01 Eastlake III Woods and Vistas Replanning Program DRAFT Engineering 2012a, 2012b, and 2012c). The Drainage Report concluded that the hydrologic impacts of the proposed project were anticipated in the design of the existing conveyance systems and would not introduce adverse impacts. Although discharge from the project site will increase due to the construction of the project, the SaltCreek detention facility overdetains flow from the region such that the project will have no adverse impacts to Salt Creek. As a result, on- site detention would not be required for this project. The Project would continue to comply with all applicable rules and regulations including compliance with NPDES permit requirements for urban runoff and storm water discharge. The Hydromodification Study and Water Quality Technical Report concluded that theproject would not significantly alter drainage patterns on-site and would not result in water quality impacts with the implementation of Best Management Practices (BMPs). BMPs for design, treatment and monitoring for storm water quality would be implemented as delineated in the EIR with respect to municipal and construction permits. Additionally, the project has no primary pollutants of concern, which are designated as anticipated or potential pollutants from the proposed site that also have 303(d) impairments downstream. Compliance with all applicable rules and regulations governing water quality and implementation of all mitigation measures outlined in Section 4.4 of the EIR would ensure no additional impacts to water quality beyond those previously analyzed. Land Use and Planning Impacts to land use were addressed in Section 4.1 of the EIR. The applicant is requesting approval for a General Plan Amendment to change the land use designation from CR to MUR, and associated amendments to the Eastlake III General Development Plan, SPA Plan and PC District Regulations along with Design Review approval for 284 multi-family units, and 10,000 square feet of commercial space on the project site. The Project would consist of less-intense land uses than those previously anticipated. The Land Use changes associated with the Project are compatible with the surrounding residential land uses. The SPA Plan would be amended to maintain consistency with the new land use configuration and ensure integration with the style and scale of the existing adjacent residential neighborhoods. The secondary effects associated with the land use change are no greater than previously analyzed. The Project would result in approximately 2,208 fewer trips (45% less ADT) than those generated by 12.2 acres of Commercial Retail uses. The Project would not expose people to noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies, and would not result in any new impacts beyond those analyzed in the EIR. Addendum to EIR 01-01 Eastlake III Woods and Vistas Replanning Program DRAFT The Project would not increase the severity of previously identified air quality impacts, nor would it result in any new significant effects related to air emission that were not previously identified in the EIR. With implementation of GHG reduction measures the proposed project would reduce GHG emissions by as much as 30% by the year 2020, relative to business-as-usual. The proposed project would therefore exceed the target of 20% below business as usual that has been established for the purposes of assessing operational GHG emissions of projects in the City of Chula Vista, and this reduction would be consistent with the goals of AB 32. Furthermore, the proposed project would be consistent with Section 15.26.030 ofthe City?s Municipal Code by employing energy efficient measures beyond that required by the Energy Code, resulting in a 20% reduction in emissions generated by in-home energy use. Additionally, the proposed project would reduce the overall use of potablewater by 20%, consistent with the City?s Municipal Code. Therefore, the proposed project would not result in new substantial or significant impacts associated with the land use and/or its secondary effects beyond those previously analyzed in the EIR. Noise Impacts to noise are addressed in Section 4.7 of the EIR. A project-specific Acoustical Assessment Report was completed for the proposed project and is included as Appendix E of the Initial Study (Dudek 2012b). The Acoustical Assessment Report identifies Olympic Parkway as the primary noise source in the vicinity of the project area. Certain areas of the project are considered noise sensitive and would need to comply with the City?s 65 dB CNEL exterior noise level requirement. The future noise level at the pool, recreation, and open space areas would comply with the City?s 65 dB CNEL exterior noise level criterion. Additional outdoor common areas fronting Olympic Parkway that were not analyzed are not subject to the City?s noise criterion because these areas were not included in the open space requirement (Dudek 2012b). The City requires that interior noise levels not exceed a CNEL of 45 dB within residential dwelling units. Typically, with the windows open, building shells provide approximately 15 dB ofnoise reduction. Therefore, rooms exposed to an exterior CNEL greater than 60 dB could result in an interior CNEL greater than 45 dB. The State Building Code recognizes this relationship and, therefore, requires interior noise studies when the exterior noise level is projected to exceed 60 dB CNEL. Pursuant to Mitigation Measure 4.7.5.2 of the EIR, the applicant shall be required to submit a detailed acoustical analysis prepared by a qualified acoustical consultant, which demonstrates that any areas where exterior noise levels exceed 60 dB CNEL additional measures shall be required to attenuate noise to the 45 dB CNEL standard, Addendum to EIR 01-01 Eastlake III Woods and Vistas Replanning Program DRAFT such as inoperable windows or double-paned windows. For those units that require inoperable windows, forced-air circulation or air conditioning system shall be provided by the applicant. Therefore, the project would meet the City?s indoor air quality standard. The project proposes 10,000 sf of commercial use in addition to residential use. Outdoor mechanical equipment such as heating,ventilating, and air conditioning (HVAC) equipment could be mounted on roofs or at the ground level of the commercial building. Mechanical equipment plans are not currently available and the noise levels generated by this equipment would vary, but the noise level may exceed the City?s noise ordinance standards (Dudek 2012b). Pursuant to Mitigation Measure 4.7.5.9, at the time specific commercial uses are proposed acoustical studies may be required to demonstrate compliance with the City?s noise standard. The Acoustical Assessment Report indicates that in order to comply with the City?s noise standard, a mechanical equipment noise assessment shall be prepared prior to building permit issuance. Mitigation to reduce impacts resulting from outdoor mechanical equipment noise would most likely require that the building parapets be constructed at a minimum height that will fully block the line-of-sight between the adjacent properties and rooftop mechanical equipment (Dudek 2012b). Additionally, the noise assessmentmay require the selection of equipment that has quieter manufacturer sound-ratings than typical equipment for the outdoor mechanical equipment (Dudek 2012b). Construction activities associated with development of the project has the potential to adversely affect adjacent noise-sensitive uses. The project would limit construction hours, place mufflers on equipment engines, and orient stationary sources to direct noise away from sensitive uses. These measures have been incorporated into the project design. The project would not expose people to noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies, and would not result in any new impacts beyond those previously analyzed in the EIR. Population and Housing Impacts to housing and population were not addressed in the EIR. While the proposed project would consist of new residential uses that were not previously anticipated, the land use on the site is less intense overall than the previously anticipated commercial land uses. As a result, the proposed project would not induce substantial population growth beyond what had already been anticipated in the EIR. Moreover, there are currently no residents or existing housing on the proposed project site, therefore, the proposed action would not displace substantial numbers of existing housing stock or people necessitating the construction of replacement housing elsewhere. Addendum to EIR 01-01 Eastlake III Woods and Vistas Replanning Program DRAFT Public Services and Utilities Impacts to public services and utilities are addressed in Section 4.10 of the EIR. Project-specific analyses have been conducted relative to the project?s potential sewer impacts. As indicated in the Sewer Study (Fuscoe Engineering 2012d; included as Appendix F of the Initial Study), the 6- inch and 8-inch onsite private sewer main system will have adequate capacity to convey the peak flow from the project site while flowing less than half full. The entire project will contribute a total sewer peak flow of 0.12 cfs. The proposed project would not place an unexpected burden or increased demand on other public services or utilities. No significant increase in the demand for police or fire protection would occur, as the Project would consist of less-intense land uses than those previously anticipated. Additionally, because the project does not propose an extension of services beyond those previously planned, they would not represent a significant growth impact and therefore would not result in any new impacts beyond thosepreviously analyzed in the EIR. Transportation/Traffic Impacts to traffic are addressed in Section 4.2 of the EIR. A project-specific analysis has been conducted to evaluate the potential traffic impacts associated with the proposed project and is included as Appendix G (Linscott, Law & Greenspan 2012). As indicated in the traffic analysis, the proposed project would generate 45% less ADT and 45% less total PM peak hour traffic than was calculated for the approved land uses in the EIR. The proposed project would result in a net decrease of 2,208 ADT, since commercial uses have a higher trip generation rate than multi- family units. All intersections and segments are calculated to operate at level of service (LOS) C or better with both project and cumulativegrowth traffic. The Olympic Parkway segments are calculated to operate at LOS D or better in the near-term and the Year 2030 scenario without and with project traffic. No off-site project related direct or cumulative impacts would result and, therefore, no mitigation measures are required. Impacts from traffic are significantly less than previously analyzed in the EIR. Addendum to EIR 01-01 Eastlake III Woods and Vistas Replanning Program DRAFT 7.0CONCLUSION This document has identified all changed circumstances and new information and memorializes in detail the City?s reasoned conclusion that none of these changes create the conditions requiring the preparation of a Subsequent or Supplemental EIR pursuant to CEQA Guidelines, Sections 15162 and 15163. Pursuant to Section 15164 of the State CEQA Guidelines and based upon theabove discussion, I hereby find that approval and implementation of the proposed project will result in only minor technical changes or additions, which are necessary to make the FEIR adequate under CEQA. ________________________________________________ Jeff SteichenDate Associate Planner Attachments: 1.Figures 1-3 2.Final Environmental Impact Report, Eastlake III Woods and Vistas Replanning Program, Section 1.0 ?Introduction Addendum to EIR 01-01 Eastlake III Woods and Vistas Replanning Program DRAFT REFERENCES Dudek. 2012a. Air Quality Technical Report. January, updated April. Prepared for Integral Communities. Dudek. 2012b. Acoustical Assessment Report. August. Prepared for Integral Communities. Fuscoe Engineering. 2012a. Drainage Study, Lake Pointe. April 2012. Prepared for Integral Communities. Fuscoe Engineering. 2012b. Preliminary Hydromodification Study, Lake Pointe. January. Prepared for Integral Communities. Fuscoe Engineering. 2012c. Water Quality Technical Report, Lake Pointe. April. Prepared for Integral Communities. FuscoeEngineering. 2012d. Sewer Study, Lake Pointe. April. Prepared for Integral Communities. Linscott Law & Greenspan. 2012. Traffic Impact Analysis. June 25. Prepared for Integral Communities. Recon. 2001. Final Environmental Impact Report, Eastlake IIIWoods and Vistas Replanning Program Subsequent EIR No. 01-01, SCH No. 2000071019. Prepared for City of Chula Vista. 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