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HomeMy WebLinkAbout2012/12/04 Item 10CITY COUNCIL AGENDA STATEMENT - - _ __ _' ~ ~~~~~ CITY OF '~`` CHULA VISTA Item No.:~~ Meeting Date:12/04/12 ITEM TITLE: PUBLIC HEARING: CONSIDERATION OF THE FOLLOWING APPLICATIONS FILED BY 35 TAMARINDO, LLC, TO DEVELOP 2.32 ACRES LOCATED AT 35 TAMARINDO WAY: 1. PCZ-12-O1, A REZONE FROM THE R-1-7P SINGLE FAMILY RESIDENTIAL ZONE TO THE R-1-SP SINGLE FAMILY RESIDENTIAL ZONE, WITH A PRECISE PLAN MODIFYING DISTRICT; 2. PCM-12-02, A PRECISE PLAN TO ESTABLISH PRECISE PLAN DEVELOPMENT STANDARDS INCLUDING AN EXCEPTION FROM THE R1-5 MINIMUM LOT WIDTH OF 50 FEET TO ALLOW A 37.5 FEET MINIMUM LOT WIDTH, AND APPROVAL OF CONCEPTUAL ARCHITECTURAL AND LANDSCAPE PLANS; 3. PCS-12-O1, A TENTATIVE . SUBDIVISION MAP TO SUBDIVIDE 2.32 ACRES INTO 16 SINGLE-FAMILY RESIDENTIAL LOTS. RESOLUTION OF THE CHULA VISTA CITY COUNCIL OF CHULA VISTA, ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-2-O1, AND APPROVING A TENTATIVE MAP TO SUBDIVIDE 2.32-ACRES LOCATED AT 35 TAMARINDO WAY INTO 16 SINGLE-FAMILY RESIDENTIAL LOTS, SUBJECT TO THE CONDITIONS CONTAINED HEREIN FOR THE 35 TAMARINDO WAY PROJECT. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING (PCZ-12-O1) THE PARCEL LOCATED AT 35 TAMARINDO WAY FROM Rl-7P TO Rl-5P AND ADOPTING PRECISE PLAN STANDARDS (PCM-12-02) FOR THE PARCEL 10-1 Date, Item No.:JO Meeting Date:12/04/12 Page 2 of 7 SUBMITTED BY: ASSISTANT CITY MANAGIVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAGE 4/STHS VOTE: YES NO X SUMMARY This is a request by the applicant, 35 Tamazindo LLC, for a Rezone, Precise Plan and Tentative Subdivision Map, as further described in this report, to develop 16 single-family homes on a 2.32-acre vacant site at 35 Tamazindo Way in southwestern Chula Vista (see Attachment 1, Locator Map). ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-12-O1 in accordance with the California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the Director of Development Services has determined that the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Director of Development Services has prepared a Mitigated Negative Declaration IS-12-O1 (Attachment 7). RECOMMENDATION That the City Council conduct a public hearing and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-12-O1, and adopt the attached Resolution and Ordinance, based on the findings and subject to the conditions contained therein. BOARDS/COMMISSION RECOMMENDATION On November 14, 2012, the Planning Commission held a noticed public hearing to consider the Project. After considering all reports, evidence and testimony, the Planning Commission voted 6- 0-0 to recommend approval of the Project subject to the conditions noted in the draft City Council Resolution and Ordinance. DISCUSSION Site Characteristics 10-2 Date, Item No.:~ Meeting Date:12/04/12 Page 3 of 7 The 2.32-acre project site is located at 35 Tamarindo Way, within the urbanized area of western Chula Vista, (Attachment 1- Locator Map). The site is on the southwest corner of the intersection of Hilltop Drive and Tamarindo Way, approximately 400 feet south of Orange Avenue. Primary vehicular access to the site is provided directly from Tamarindo Way. The project site was previously occupied by one single-family residential home, which was demolished in 2008. 1. General Plan, Zoning and Land Use The following table specifies the types of land uses surrounding the project site: GENERAL PLAN ZONING Site Residential Low-Medium R-1-7P North Residential Medium High R-3L South Residential Low-Medium R-1-7P East Residential Low-Medium R-1 West Residential Medium R-2T 2. Proposal CURRENT LAND USE Vacant Multi-Family Resid./Townhomes Single-Family Residential Single-Family Residential Multi-Family Resid./Duplexes The project proposes development of the 2.32 acre (gross), 2.2 acre (net developable) site with 16 single-family detached residential dwelling units. The site is designated Residential Low- Medium (3-6 dwelling units per acre) on the City of Chula Vista General Plan and is zoned R-1- 7P Single Family Residential with a Precise Plan Modifying District. The project proposes a rezone from R-1-7P to R-1-SP (minimum lot size of 5,000 sq. fr. with a Precise Plan Modifying District); a Precise Plan to modify the R-1-SP zoning standazds for the project; and a Tentative Subdivision Map proposing 16 residential lots ranging from 5,625 sq. ft. to 8,225 sq. ft. in size, served by Tamazindo Way, a public street. The minimum lot width would be 37.5 feet, and minimum lot depth would be 150 feet. The proposed homes would be two-stories and 2,295 squaze feet in size (Attachment 2-Precise Plan). Vehicle access to the site is provided via Tamarindo Way, an existing 60-foot wide public street. Tamarindo Way connects with Hilltop Drive, which is a four-lane Class I Collector Street, adjacent to the eastern boundary of the site. The applicant will be required to construct a new sidewalk, curb and gutter along the project frontage of Tamarindo Way, and to dedicate and widen Hilltop Drive by 2 feet along the project frontage. The site was graded previously and used for one single family home. The proposed grading will occur over the entirety of the 2.3 acre site. The Project's grading plan proposes 3,564 cubic yards of fill and 4,264 cubic yards of excavation, with 700 cubic yards to be exported. Minor cut slopes 2 feet high with a 2:1 (horizontal/vertical) gradient, and fill slopes of 8.8 foot high with 3:1 gradient aze proposed.. 10-3 Date, Item No.:~ Meeting Date:12/04/12 Page 4 of 7 The project proposes landscape plantings that have been selected to encourage water conservation and consistency with the City's Landscape Water Conservation Ordinance. The Hilltop Drive street frontage will be planted with groundcover and street trees, and maintained by the homeowner's association. The front yards include a mixture of groundcover, shrubs and trees, while the rear yards will include patios, drought-resistant lawn and groundcover plantings. Since the project proposes single-family residences, the landscaping in the front and rear yards will be installed and maintained by the homeowners. Private open space for the residents is provided by the proposed rear yards. Public Input After submittal of the applications, a notice of application was mailed to property owners within 500 feet of the project site. One letter was received in response. The applicant met with the individual who sent the letter and discussed the project. During the processing of the project, the applicant met with the community to discuss the project, including neighbors and community groups such as the Southwest Civic Association. As a result, staff has received letters from 23 persons, including the Southwest Civic Association, in support of the project. On September 28, 2012, a Notice of Availability was circulated establishing a 30-day public review period for the Draft Mitigated Negative Declazation (IS 12-01) prepared for the project. No letters of comment were received as a result of this notice. ANALYSIS Rezone: The Project proposes a rezoning from R-1-7P to R-1-SP (Attachment 1-Locator Map). Both the R-1-7P and R-1-SP zones are single family residential zones, however, the key difference is that the minimum lot azea of the R-1-5 is reduced from 7,000 to 5,000 sq ft., and certain development standards such as building setbacks (side and reaz yards) and floor azea ratio are also reduced to accommodate homes on the smaller lots. The R-1-5 zone is intended to be applied to azeas planned for single-family development that have unique features or circumstances. To the north of this site aze townhomes in the R-3L zone (apartment residential), and to the west are duplexes on narrow, individual lots iri the R2T zone (duplex/attached single family). The eastern half of the site lies adjacent to a larger azea currently zoned R-1-7 (single family/minimum lot size 7,000 square feet) that is developed with single family homes around cul-de-sacs. The R-1-7P area to the south of the site is separated from the site by a slight reduction in topography, and the R-1 area to the east is across Hilltop Drive. The unique circumstances of this properties' orientation towazds the duplexes and townhomes to the north and west provides the basis for re-zoning the site to the smaller 5,000 square foot lot size permitted by the R-1-SP. This would allow the site to be developed in a manner that is efficient and more typical of the existing multi-family type development along Tamarindo Way. The rezone from Rl-7P to Rl-SP would be in keeping with the Genera] Plan land use designation of Residential Low Medium (3-6 dwelling units per acre). The rezoning ordinance will also include 10-4 Date, Item No.: /l% Meeting Date:12/04/12 Page 5 of 7 additional modifications to the development standards required by the Precise Plan that are discussed further below. Precise Plan: A "P" (Precise Plan) modifier is currently applied to the site. As stated in CVMC 19.56.040, "The purpose of the P- Precise Plan modifying district is to allow diversification in the spatial relationship of land uses, density, buildings, structures, landscaping and open spaces, as well as design review of azchitecture and signs through the adoption of specific conditions of approval for development of property in the city. Within the boundaries of the P district, the location, height, size and setbacks of buildings or structures, open spaces, signs and densities indicated on the precise plan shall take precedence over the otherwise applicable regulations of the underlying zone''. The P modifying district may be applied to the site pursuanYto CVMC 19.56.041 (A) which states that: "The subject property, or the neighborhood or area in which the property is located, is unique by virtue of topography, geological characteristics, access, configuration, traffic circulation or some social or historic situation requiring special handling of the development on a precise plan basis, "and CVMC 19.56.041 (C), which states "The basic or underlying zone regulations do not allow the property owner and/or the city appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones". Staff recommends that these finding be made and information in support of these findings has been included in the attached City Council Ordinance. To approve the project as proposed, approval of the Precise Plan is required to amend the R-1-SP zoning development standards, and to develop the site in conformance with the conceptual azchitectural and landscaping plans. In order to develop the property with lot widths less than 50 feet, an amendment of the R-1-SP zone's minimum lot width standazd is required. Also, to provide compatibility between the Project's rear yazds and the rear yards of the existing single family residences to the south which is zoned R-1-7, staff recommends that the Project have a rear yard setback of 20 feet, which would be consistent with the R-1-7 zone, instead of the 15 feet as permitted by the R-1-5 zone. During early design review of the project, staff identified potential visual issues along the street from garage-dominated building elevations due to the development of narrow single-family lots. To minimize visual impacts, the Precise Plan proposes measures to address this concern, including staggering of front building setbacks, provision of architectural building entry elements at the walkway in front of the gazage, and adding vaziety to the architectural design of the front building elevations, to create shadow and architectural variety along the street (Attachment 3, Architectural Elevations). As shown on the Precise Plan and attached architectural and concept landscape plan (Attachment 4), the proposed lots are wide enough to allow the applicant to design functional single family homes, while creating a street scene that is compatible with the adjacent duplexes, while enhancing the appearance of the neighborhood with new, well-designed single-family housing. The standards described above have been incorporated into the Precise Plan and the property will be developed in 10-5 Date, Item No.: ~~ Meeting Date:12/04/12 Page 6 of 7 substantial conformance with the Precise Plan Map. Tentative Map: The project proposes 161ots at a density of 6.1 dwelling units per acre, which is consistent with the site's existing Residential Low Medium (3-6 dwelling units/acre) designation of the General Plan. The proposed lots for the project range from 5,625 sq. ft. to 8,225 sq. ft. in size, which complies with the 5,000 squaze foot minimum lot size of the R-1-SP zone. However, the 150-foot depth of the existing lot is too shallow to develop the property using any additional internal public or private roads, so the property has to be developed with direct frontage on Tamarindo Way. Due to the 150-foot depth of the existing lot, and the Applicant's desire to achieve the maximum lot yield permitted by the General Plan, the resulting lots would be long and narrow, approximately 37.5 feet wide by 150 feet deep (Attachment 5 -Tentative Map). Because of the depth of the lots, the proposed rear Yazd setbacks from the building to the reaz property line will range from 59.5 feet to 74.6 feet, which will create generous private open space in the rear yard for the future residents. The project proposes internal slopes within the usable reaz yazd with a 3:1 slope gradient. The 3:1 gradient is too steep for a useable rear yard. Therefore it is recommended that a Tentative Map condition of approval be included that the final grading plan show that the reaz yards be graded with internal slopes not to exceed 4:1 (25%) to ensure that the back yards are designed to be safe and usable for the residents, in terms of recreation, landscaping and maintenance. Based on the preceding information, staff finds that the project meets the General Plan, Zoning and Subdivision Manual requirements, and recommends that the Planning Commission adopt the attached Planning Commission Resolution recommending that the City Council approve the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Rezone, Precise Plan and Tentative Map for the project, subject to the conditions listed in the attached Draft City Council Resolution and Draft Ordinance. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. Staff is not independently aware, nor has staff been informed by any City Council member, of any other fact that may constitute a basis for adecision-maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There are no fiscal impacts during the current fiscal yeaz from the processing of the project including the Mitigated Negative Declaration, Rezone, Precise Plan and Tentative Map. All costs are covered by the deposit accounts. Costs associated with the processing of future implementing permits including the Grading Plan, Street Improvement Plan and Final Map will also be covered by deposit accounts. 10-6 Date, Item No.: ~~ Meeting Date:12/04/12 Page 7 of 7 ONGOING FISCAL IMPACT The Applicant will also be required to pay Sewer Connection and Capacity Fees, Traffic Signal Fees, Public Facilities Development Impact Fees (PFDIF), and Western Transportation Development Impact Fees (WTDIF) prior to issuance of building permits. Park Acquisition and Development (PAD) fees are also required to be paid prior to the issuance of the first building permit. Development of the site with 16 new homes will result in a minor increase in sales and property tax revenue for the City. The project should not create significant long-term fiscal impacts to the City because it is a small infill development located in a developed portion of the City where adequate public facilities exist or will be provided concurrent with development of the project site. ATTACHMENTS 1. Locator Map 2. Precise Plan 3. Architectural Elevations 4. Concept Landscape Plan 5. Tentative Map 6. Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-12-O1 Prepared by: Richard Zumwalt, AICP, Associate Planner, Development Services Department 10-7 ~ 'C e\~4 t ~ y- »g=~ ~i h ~P~~ ~. ' ~ ~ ~ ti,~ ~ k \~ - ~ 1~~/~/"'~ K1M,Ftr ~ ~ ~ to ~! ( ~ _ _ ~ ~ ~ : t ~ i~~ ~~~ ' <_ _ i _1 ~~ ~ `s~~l-~~, t I ,Z )'~ J / / / ~~.'7 a l''~ •'~ea's~u~;~ ~ ( a\ r i J i~ i~_ _ _ _ ~) ..- ~J ~ -~ ~ -" ( ~ ~ ~ ~ -4 J e~ t ~ ~ ~ r' ~ _ o r I ~_ ~-~ ~ ~_ ~ -rI -__- ppO~r/+T I~ FROM R7-7P to R1-SP I ~~ ~I ~~_= LrORCATG1401N I~ ~ 1 , ; ; Jt`, ; , ~, ~ ! ~ ~4~~~ ~ %t _',~ I ~ ,~ _- ' ~ IC~h110L_ (Y~7''.'-nl/ ~_. 1tES tIVALCt ~ ~ ~ ~ ~_ i 1- I ~ t. C ~ ~ I ... .- ~ ~ ~ rv _{ -1 - 4- 'r~~Jy.J -~.. ' k 1 I ~ ~L I ~ J ~ /~ ~ aRt..fl~:.~:,srr I / I I i ~ r.. ~ ~ ~ -~ / t / f ~ -\ Jam, i _. I ~ ( ~ / a.~~, ~ I I i ~~~d ~~iVRU L'I~ ~J I ~°°°~,'"~" rauar~naurvESl 'I ~~ k ~ --r-- <\ ~/ ,~ I I ~ ~ a , --.- _ I ~ ~~ 1~I ~ ;r ~ti~, ~ ;~..~` I i ~ i I a rt ~...;' ; ~. nhAIN ST ,..a~,~~.w,~.. ~,~.,-.,,.M. - .~M,.~sa,»~w.~,.>m~ ._~.__- -. ;.J ~ ._ N _...._._-._- _-. i w ~.. i CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR APPLI~nNT Gary Watts PROJECT DESCRIPTION'. MISCELLANEOUS PRaecr 35 Tamarindo Way Projec[ Summary: Proposed zone change from R1-7P m R7-5P. O ADDRESS'. SCALE'. FILE NUMBER: NORTH No Scale PCZ-12-01 Related cases: PCM-12-02 L\Ga~e FilesWmmap Locator Template\LOCators\PCZ401.ai.10.22.12 10-8 A~rr'P~LVi vti ~~~ i v " - II' 11 ". u ~~ I ( u. 1 ~ u° -. ~ ~ L. I ll I I. ..... ~ ~.. 6)~$ PAD 160. . .. 1 I 11 1 I PIU~WE ~ ~~I y. . I ® S.DS Y PAD I61. ~.II ( ~ ~ . '1 .. ( ~ ~ I 545 Y PAn 1~~4~~6~~ (I L'J ~ . ~ 5.635 Y PAD 14.6 ~ ~ ~ ... I ~ I I y6~Y PAO 163 3 ~ ~ III ( ~ I S6~Sf ( p.1D 165A ~ , ( 1 ~ 1 1 I 5,56 SP AR 14'6 ~ ( ( I 91 ( 5®.~ PAO 1612 I ~ ~ I ~' I I ® 5.6®Y 5 635 Sf ~ ~ PAD 161.6 A0 16<3 ,. r ~ I ~ I I I'~ L[ 1J I I A 1 1 ~ ® 5,6]5 ff PA0 16A3 , I' ~ I 6.i®A T PAD 1631 ~ I I ~ . ~ ~ i PAL®1~9 ~ ~~~ 1'J I I (~ ~ 9 I " ~re I, I ~, ~ II t . li I I ~ II ~ ~ ~ I y 11 1 , I I. L ~,~, I; I I ~ ' I ~ ~ x ?-~{ ~ i .~~3~J $~ ~ ~ I ~--API' I ~l * R .JP. T el I ~l J T` III i ~ •~ i ~~...' 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L y __ ~~ ~ s °""' aaoJECr rvANe TAMARINDO HOUSING DE V. ~Xti S[CIIOX A -Arv $ECRgI A2-.13 SE~POX A1-~N f ' $fLl~a-B rX S[LtICX L{ PROJECT ADBRf55. 3S TAMARNDO WAY E m ~~,~ wn.r mix CHULA VISTA CA 91911 IXtIGNAL UAiC CC PREPMA-ON: 12/19/2011 ..sro .~. rv1..a~.,nm,r__..___ _ _... ori>Pr~W~.. ..sm .•. on• ~. sn~no~: ~rvib~. W.O. 1EE FNC NEEfl Of WORK R6wy4 GIlU LMCINLLWX4 IN[. N~ om nwxevix w'rvarus ^ w rm+um..w.rz mmrr 9 ..rae.~r ? '° -'° -° `~- •° PwA;n ?S (GHQ r~.a a cu•u vci :s.v 'E l /s ".~o ~ ~J Mitigated Negative Declaration PROJECT NAME: PROJECT LOCATION ASSESSOR'S PARCEL NO: PROJECT APPLICANT: CASE NO.: DATE OF DRAFT DOCUMENT: PREPARER: DATE OF FINAL DOCUMENT: 35 Tamarindo Way 35 Tamazindo Way, Chula Vista, Ca. APN #623-250-09-00 35 Tamarindo LLC 915 Camino Del Mar, Suite 200 Del Mar, CA 92014 (858)794-2600 IS-12-O1 September 20, 2012 Richard Zumwalt, A.LC.P., Associate Planner November 1.2012 Revisions made to this document subsequent to the issuance of the notice of availability of the draft Mitigated Negative Declaration are denoted by underline. A. Protect Settinz The 2.32-acre project site is located at 35 Tamarindo Way, within the urbanized area of Western Chula Vista, (Exhibit 1- Locator Map). The site is on the southwest corner of the intersection of Hilltop Avenue and Tamarindo Way, approximately 400 feet south of Orange Avenue. Primary access to the site is currently provided directly off of Tamarindo Way. The project site has been used for one previous single-family residential home, which was demolished in _2008. The land uses immediately surrounding the project. site are as follows: North: Multi-Family Residential/Townhomes South: Single-Family Residential East: Single-Family Residential West: Multi-Family Residential/Duplexes B. Proiect Description The project proposes development of the 2.32 acre (gross), 2.2 acre (net developable) site with 16 single-family detached residential dwelling units, (Exhibit 2 -Precise Plan). The site is designated Residential Low-Medium (3-6 dwelling units per acre) on the City of Chula Vista General Plan and is zoned R-1-7P Single Family Residential. The project proposes a rezone from R-1-7P to R-1-SP (Min. lot size of 5,000 sq. fr. with a Precise Plan Modifying District); a Precise Plan to modify the R-1-SP zoning standards for the project; and a Tentative Subdivision Map proposing 16 residential lots ranging from 5,625 sq. ft. to 8,225 sq. ft. in size, served by Tamarindo Way, a public street. The minimum lot width would be 37.5 feet, and minimum lot depth would be 150 feet. The proposed homes would be 2-stories and 2,295 square feet in size. Proposed on-site improvements include drainage facilities including individual bio-retention facilities, sewer and water lateral lines, fire hydrants, retaining walls, fencing, improved paved areas such as walkway and driveways, private yards and landscaping. The project is identified as 10-14 developable area within the City of Chula Vista Multiple Species Conservation Program Subarea Plan, however, it is not located within the City's designated conservation area. C. Com~ance with Zoning and Plans The proposed project site is within the Genera] Plan RLM (Low-Medium Residential Density/3-6 dwelling units per acre) and R-1-7P (Single-Family Residential-Precise Plan) Zone. The project proposes a rezone from R-1-7P to R-1-SP (Min. lot size of 5,000 sq. ft. with a Precise Plan Modifying District). The proposed project has been found to be consistent with the applicable site development regulations and the Genera] Plan. D. Public Comments On August 23, 2012 a Notice of Initial Study was circulated to property owners within a 500-foot radius of the proposed project site. The public review period ended September 4, 2012. No comments were received in response to the Notice of Initial Study. On September 28 2012 a Notice of Availability of the Proposed Mitigated Negative Declaration for 'the project was posted in the County Clerk's Office and circulated to property owners wrthm a 500- foot radius of the project site as well as local regional state and federal agencies. The 30-day pubhc comment period closed on October 31 2012 No comments were received in response to the Notice of Availability E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form, Exhibit 3) determined that the proposed project may have potential significant environmental impacts however; mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State of California Environmental Quality Act (CEQA) Guidelines. Air Quality Short-Term Demolition and Construction Activities The project proposes grading of the 2.32 acre site and construction of 16 single-family homes and related utilities and improvements serving the site. An Air Quality Impact Analysis for the Project, dated May 2012, was prepared by AECOM. The report determined that that grading and construction activities for future single-family residential development, and worker and equipment vehicle trips will create temporary emissions of dust, fumes, equipment exhaust including diesel engine particulate matter, and other air pollutants associated with the construction and demolition activities. The Project proposes grading within 25 feet of existing homes. However, air quality impacts resulting from grading and construction-related operations are considered short-term in duration. The Air Quality Technical Report concluded that emissions associated with construction and grading are below the significance thresholds established by the City for all construction phases and pollutants, based on South Coast Air Quality Management District standards. Even though not specifically required to mitigate any short-term construction air quality impacts for this project, in order to protect the public health and achieve better air quality for nearby residents, staff recommends that the best management practices (BMPs) for construction and grading required by the City's Genera] Plan be included on grading plans for all discretionary projects. The Air Quality Technical Report recommended implementation of "recommended" measures which are the same as the General Plan BMPs. Therefore, prior to approval of grading permits, these recommended mitigation measures will be placed as notes on all grading plans. The measures shall be implemented during grading to reduce 2 10-15 Multiple Species Conservation Program (MSCP)/Habitat Loss Incidental Take (HLIZ) Permit the project site is located within the City of Chula Vista Multiple Species Conservation Planning (MSCP) Subarea boundary under the City's MSCP Subazea Plan_ The site is located in an area designated as a "Mapped Development Area outside of Covered Projects", and is not located within a strategic preserve or conservation area the project is subject to the requirements of the Habitai Loss Incidental Iake (HLII) Ordinance. In accordance with the III,II Ordinance, those projects that are greater than one acre, contain sensitive biological resources, and are located outside the "Covered Projects" area, must demonstrate compliance with the Ordinance and obtain Iake authority from the City of Chula Vista for impacts to Covered Species. the following is a summary of the findings contained within the biological resource report as required by the City's HI,II Ordinance, Section 1735, Existing Conditions/Plant Species the 2.2 acre (net) project site consists entirely of I.1 acres of non-native grassland on the east and west sides of the site, 0, 9 acres of disturbed/omamental lands disturbed by the previous residential use in the central portion of the site, and 02 acres of Coastal Sage Scrub in the northwestern portion of the site. Coastal Sage Sctvb is designated a Iier II habitat in the MSCP, indicating a sensitive habitat Type. Non-native grassland is a Iier III habitat in the MSCP, indicating ales-sensitive habitat type.. Disturbed/ornamental ]ands are not considered sensitive habitat, and no mitigation is required for impacts to these types of ]ands.. A total of 49 different plant species were identified, of which only 7 were considered native. No wetland habitat, narrow endemic or special status plant species exist on the property.. the site is surrounded by existing residential development on al] sides, and public streets on two sides, and is not linked to any existing open space area or wildlife corridor. Wildlife/Sensitive Species/Sensitive .Habitats The biological letter report stated that wildlife species such as birds, crickets, moths and butterflies occupied the site. the only mammals detected were domestic and feral cats- No amphibian or reptile species were detected during the survey. Seventeen bird species, two butterfly/moth species and one cricket species were detected on the site, the bird and insect species observed were considered common species in urban areas, and not threatened or endangered.. Sixteen sensitive plant species and six sensitive wildlife species were reported within two miles of the project site, but no threatened or endangered species of plants or wildlife were observed on site. Due to the due to the low quality of habitat onsite, and the fact that it is surrounded by existing residential development, threatened or endangered species are not expected to occur on site. Cooper's hawk, which is a covered species under the City of Chula Vista's MSCP Subarea Plan and a State species of special concern, was not observed during the site survey, but have been observed within 2 miles of the site, Several existing large trees occurring on-site may provide suitable habitat for nesting birds and raptors Potential impacts of the project on these resources and sensitive species, and mitigation measures are further discussed in Project Impact section below.. Project Impacts the proposed project may result in impacts to sensitive biological resources and nesting migratory birds or raptors, and therefore, mitigation measures are required. the Project site supports 02 acres of Coastal Sage Scrub and 11 acres ofNon-Native Grassland habitats, of which 100% of the habitat is proposed for development, which is considered a duect impact. Therefore, the mitigation requirement pwsuant to the MSCP program is to secure mitigation credits within aCity-approved mitigation bank, or other approved location, consistent with the established ratios specified in the Mitigation 10-16 Measures stated below, to the satisfaction of the Director of Development Services Verification that mitigation credits have been obtained is required to be submitted by the Applicant prior to City approval of subsequent land development permits. If the mitigation credits are secured in an area outside of the City's Preserve, the mitigation ratio is heater and the Applicant must provide long term fending, and a maintenance and management program for the mitigation land (see Section F, Mitigation Measures). the Project site also supports several trees including Pine, Pepper, Oleander, Oak and Palm trees. The proposed removal of these trees during development could impact potential habitat for the Cooper's Hawk, which is known to nest in Palms and other tall trees, and other migratory bird species covered by the Migratory Bird Ireaty Act, such as the Northern Mockingbird, Anna's Hummingbud, Western Scrub Jay, and American Crow. If the removal of habitat, including trees or vegetation, occurs during the breeding season between January 15 and August 3I, apre-construction survey must be conducted by the applicant within 10 days of habitat removal to determine the presence or absence of nesting raptors. If the survey determines that nesting birds are present, the survey must include a mitigation plan to ensure that disturbance of the breeding activities of the nesting birds is avoided.. If removal of habitat or vegetation clearance occurs outside of the combined breeding season, between September I and January 14, the development of the site would not result in significant impacts to Cooper's Hawk or other migratory birds and no pre-construction survey is required.. The project will be required to obtain an HLII Permit pursuant to Section 17..35 of the Chula Vista Municipal Code. It is anticipated that the above-proposed mitigation would reduce the significant direct impacts to sensitive resources to less than significant under CEQA Proposed project design and application of seasonal restrictions and construction best management practices (BMPs) are also expected to avoid significant direct impacts to sensitive resources. Section 17.3.5.080 Required Findings for Issuance of an HLII Ordinance (Appendix D, 2011 BioZogicaZResources LetterReport forthe 3.5 Tamarindo YYayPioject) All the provision of the Habitat Loss and Incidental Iake (HLII) Ordinance for implementing the City of'Chula Vista's MSCP Subarea Plan have been met 1. General Submittal Requirements a An application form will be completed and submitted to the City Of' Chula Vista, b. A biological suvey for the entire project area has been completed by a Biologist. No potential habitat for Narrow Endemic Species was identified. Iherefore, focused surveys for Naztow Endemics species are not required. c. No indicators or potential habitat were identified for Narrow Endemic Species or Wetlands. Iherefore an Opportunities and Constraints Analysis in relationship to Sensitive Biological resources is not required. 2. No Narrow Endemic Species were identified by the biological survey. Iherefore, the additional submittal requirements o#'this provision aze not applicable. No Wetlands were identified by the biological survey, Iherefore, the additional submittal requirements of this provision are not applicable. 4 In order to approve or conditionally approve an HLII Permit, all of the following written findings are made by the decision-maker: 10-17 a the proposed development in the Project Area and associated mitigation is consistent with the Chula Vista MSCP Subarea Plan, as adopted on May 13, 2003, and as may be amended from time to time, the MSCP Implementation Guidelines, and the development standazds set forth in Section 17.35.100 of this Chapter, b. the Project Area is physically suitable for the design and siting of the proposed development and the development results in minimum disturbance to Sensitive Biological Resources, except impacts to Natural Vegetation in mapped Development Areas. c, the natut'e and extent of mitigation required as a condition of the permit is reasonably related to and calculated to alleviate negative impacts created in the Project Area, Mitigation will be provided for coastal sage scrub at a 1:1 ratio (0.2 acres), and for non-native grassland at a 0.5:1 ratio (0.55 acre}, for a total of 0..75 acres of habitat within an area designated by the City as Preserve, 5 No Narrow Endemic Species were identified by the biological survey in the Project Area. Iherefore, the additional written findings of this provision aze not applicable. 6 No Wetlands were identified by the biological survey in the Project area. Fherefore, the additional written findings of'this provision are not applicable. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration would reduce potentially significant biological impacts to a level below significance. Culhnal Resouces/Paleontology General Plan Section 3.1.10 "Protecting Chula Vista's Paleontological Resources" in summary, states that important paleontological resources should be protected and directs that assessment and mitigation of potential impacts to paleontological resources be conducted pursuant to the California Environmental Quality Act (CEQA). Figure S 6-I of the General Plan EIR (GPU-EIR) indicates that the site is in an azea characterized by the Linda Vista Formation soil type, which is considered an area of "High" Paleontological sensitivity.. the GPU-EIR also identifies grading thresholds for Paleontology.. Iherefore, a Paleontological Analysis was requested by the City and the Paleontological Locality Search letter report dated December S, 201 I was prepared by the San Diego Natural History Museum for the Project.. The letter identified the site as being unde[lain by the Linda Vista Formation soil type, and clarified that the Linda Vista formation is actually an area of "Moderate" Paleontological sensitivity. Natural History Museum records showed six recorded fossil t'ecovery sites within a one mile radius of the Project site, with one of the sites within the Linda Vista Formation, and five of the sites within the San Diego Formation.. the report concluded that any proposed excavation that runs deep enough to encounter previously undisturbed deposits of the San Diego Formation could cause impacts to paleontological resources, and a complete paleontological resource mitigation program during construction is recommended.. The GPU-EIR grading threshold that Diggers the need for mitigation in an area of "Moderate" paleontological sensitivity is any disturbance of quantities of earth greater than 2,000 cubic yards and greater than 5 ft.. deep, since paleontological resources are typically subterranean.. the proposed project gading of 3,564 cubic yards of fill and 4,264 cubic yards of excavation, and maximum depth of cut of 9 feet, would exceed this threshold Furthermore, the Geotechnica] Report prepared by Allied Earth Iechnology by for the Project, which included trenching tests, and the Geotechnical Reconnaissance was prepared by Michael W. Hart, 5 10-18 Engineering Geologist, both characterize the site as being underlain by the Baypoint Formation soil type. the GPU-EIR also identifies this formation as containing "Moderate" areas of paleontological sensitivity, and identifies the site as being in the "Coastal Ienaces Region" area, which has a limited assemblage of terreshia] mammals such as tapir, horse and rabbit Based on this information, paleontological monitoring during grading is required because the site is in an area that has moderate paleontological value. the project must provide a qualified paleontological monitor supervised by a qualified City-Paleontologist that will conduct (I) surface prospecting for resources and recovery prior to (and during) grubbing and equipment move-on, (2) provide on-going paleontological monitoring during grading operations, and (3} complete a paleontological resource mitigation program dining construction. Geology and Soils Io assess the potential geologicallsoils impacts of the project, a Geotechnical Investigation Report was prepared by Allied Earth Technology dated January 31, 3007, and updated on April 4, 2007. Ihis report updated the previous analysis of the site that was done by the same consultant in 2007 for a previous project proposed for this site.. Also, a Geotechnical Reconnaissance was prepaz~ed by Michael W Hart, Engineering Geologist on December ]4, 2011, the site was graded previously fbr the development of a single family home, which has since been demolished.. Proposed grading will occur over the entirety of the 22 acre (net) site. the Project's ;; ading plan proposes 3,564 cubic yards of fill and 4,264 cubic yards of excavation, with 700 cubic yards to be exported. Minor cut slopes of less than 2 ft. high with a 2:1 (horfzontal/vertica]) gradient, and fill slopes of 8.8 ft. high with 3:1 gradient are proposed.. According to the technical reports, the project site is not located in an active Earthquake Fault "Lone. the nearest active fault is the Rose Canyon Fault approximately 9 4 miles northwest of the Project site, and also the Elsinore-Julian Fault, located approximately 46.9 miles northeast of the site. In the event of a major earthquake along one of these faults, the most likely geologic hazard to affect the site area is moderate to severe ground shaking.. However, the site is considered comparable to others in the general vicinity- the site contains the Bay Pointe Formation, considered to be a moderate expansive soil type.. The site also contains undocumented fill soils and topsoil from the previous residential use, considered to be a highly expansive soil Type. the report recommends that these soils be removed and re-compacted during project grading, in accordance with the recommendations described in the reports, the potential impacts resulting fiom ground shaking, expansive soils and undocumented fill can be mitigated if the recommendations in the technical reports are incorporated into the design plans and properly implemented during the construction phase. The site is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project.. Development of the site would not potentially result in an on or off=site landslide, lateral spreading, subsidence, liquefaction or collapse. Substantial soil erosion or the loss of topsoil would not be a significant concern.. No groundwater was encountered on the site and no groundwater related problems, either doting or after construction, are anticipated. Septic systems are not proposed by the Project. the project will require issuance of a grading permit to require excavation of expansive soils and undocumented fill, re-gading and re-compaction of the site, and review of project grading and foundation plans by the Project Geotechnical Engineer prior to submittal to regulatory agencies for approval, to minimize the potential for damage to future structures as a result of development on expansive soils and potential for ground-shaking during an earthquake.. No significant geological or soil impacts would be created as a result of the proposed project as conditioned. 10-19 potential for ground-shaking during an earthquake. No significant geological or soil impacts would be created as a result of the proposed project as conditioned. Implementation of the mitigation measures contained in Section F below would mitigate potential geological/soils impacts to a less than significance level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Hazards and Hazardous Materials In order to assess potential hazards hazardous material impacts, a "Phase 1 Environmental Site Assessment" dated January 11, 2012, and a "Subsurface Assessment" dated January 10, 2012, were completed by SCS Engineers for the project. These reports updated the previous analysis of the site that was done by the same consultant in 2007 for a previous project proposed for this site. The study determined that with the exception of the potential for elevated concentrations of lead in the soil, there is a low likelihood that no other recognized environmental conditions could affect the project site. The consultant conducted two site visits in 2007 and did records research and determined that the site was formerly used as asingle-family residence with a workshop and garage, from approximately 1947 until their demolition in 2008. Based on the presence of the foundations of these former buildings situated adjacent to unpaved areas, there is a potential for elevated concentrations of lead in the soil from lead-based paint that leached from these structures into the soil, as the paint weathers and ages, over an extended period of time. Also, any scraping or sanding of the exterior of the structures may have deposited lead into the soil. The resulting lead concentrations may exceed published health risk guidelines and other environmental standards, and may constitute a recognized environmental condition. The consultant conducted soil-sampling activities adjacent to the perimeter of the former buildings, collecting 78 soil samples from 33 soil borings. The soil sampling assessed the presence, concentration, and lateral and vertical extent of potential lead in the soil adjacent to the former buildings. The soil samples were submitted to a State-Accredited laboratory and analyzed in accordance with Federal Environmental Protection Agency standards. A laboratory analysis was conducted and indicated elevated levels of total lead concentration above California Human Health Screening (CHHS) levels. The soil samples were taken from the east, south and west sides of the former residence, and the east and south sides of the former workshop. The consultant estimated that 30.5 cubic yards of contaminated soil would need to be excavated from the perimeter of these former structures. Disposal activities would require additional testing to characterize the soil as either a regulated or California hazardous waste, and profile the waste for transport and acceptance at an appropriate disposal facility. The consultant recommends that a Simple Excavation or Property Mitigation Plan be prepared documenting that upon the completion of the removal of contaminated soil, that confirmation sampling will be conducted to document that total lead concentrations at the base and sidewalls of the remaining excavations would be below CHHS levels. Finally, the consultant recommends that a completion report documenting appropriate remediation and consistency with the cleanup of remedial action goals be prepared upon completion. The proposed Simple Excavation or Property Mitigation Plan and Completion Report would be overseen by the regulatory agency, the Hazardous Materials Management Division of the County of San Diego Department of Environmental Health (Voluntary Assistance Program). No evidence ofadditional hazards or hazardous materials or undocumented fill was observed on the site. The proposed project site is Located within one-quarter mile of Loma Verde Elementary School at 1450 Loma Lane, and Otay Elementary School at 1651 Albany Street. Compliarice with the proposed Mitigation Measures would result in safe handling and disposal of the contaminated soil on the Project site, in compliance with local, state and federal laws, and therefore will not create a significant impact to these schools. 7 10-20 Implementation of~ the mitigation measures contained in Section F below would mitigate potential hazards/hazardous materials impacts to a less than significant level. Ihese measures aze included as a part of the Mitigation Monitoring and Reporting Program. Noise In order to assess potential noise impacts of the proposed project, a Noise Impact Analysis by AECOM, dated April 9, 2012 was prepared. Construction Noise: the study anticipated that construction noise Levels ranging from 65 - ] 00 dBA could be generated at 50 feet from the noise source. Ihtrs, the adjacent residential population to the south and west may be exposed to excessive construction noise associated with short-term grading and conshuction activities, that could be disturbing and interfere with normal speech, especially for those nearest residents. Ihese impacts tend to be variable due to the variety of noise generation characteristics of the heavy equipment and vehic]es used, including the function and power of the heavy equipment or vehicle, and the timing of theiz operation, which ranges from periods where no heavy equipment or vehicles are operated, to simultaneous operations. Also, construction projects are short term in nature, so impacts will not be long-term, the project will be required to comply with the Section 17.24 040(C, 8) of the Chula Vista Municipal Code, which requires that noise generated by project-related grading, demolition or conshuction activities shall be prohibited between the hours of 10:00 p.m and 7:00 a m.. Monday through Friday and between 10:00 p..m.. and 8:00 a.m. Saturdays and Sundays.. F;owever, the City does not have quantitative standuds regulating conshuction noise. Because there are existing residences within 25-100 feet of the site, a mitigation measure requiring advance notification of the surrounding residents of the commencement of grading and construction activities of at least 2 weeks notice, but no more than 4 weeks prior to the start of construction is recommended by the consultant.. Also, a mitigation measure regazding compliance with Section 17.24.040(C.8) of the Chula Vista Municipal Code is recommended.. Thus impacts to sunrounding residential properties related to construction noise levels aze not expected to be significant. the study also found that the proposed residence on Lot 16 wilt be directly exposed to auto traffic from Hilltop Avenue, and is likely to be affected by exterior CNEL noise levels of approx. of 66 decibels under existing conditions.. With the forecasted traffic levels expected to increase in The future from the current haffic level of 5,100 ADI, to 6,000-8,000 ADI in 2020 and 8,000-10,000 ADI in~ 2030 (as projected by SANDAG Series I1), the potential for noise impacts should also increase, the repozt estimates that future traffic-related noise levels could increase to '70-71 decibels along the eastern boundary of the Project site along Hilltop Avenue. Thus, a 6-foot noise wall constructed on top of a 2-foot high slope is required to screen the exterior yard areas for the home on Lot 16, which would reduce the impact to 65 dBA, which complies with the City General Plan Noise thresholds for residential uses. the study concluded that the home on Lot 16 would screen the westerly homes from traffic noise, and the remaining homes would not exceed the 65 dBA Noise thresholds. 10-21 In addition, ground or rooftop mounted ITVAC equipment, fans and condensers have the potential to generate noise impacts to adjacent single-family residences in excess of the City's exterior noise levels for residential land uses. Thus a mitigation measure is included that requires submittal of a subsequent noise study, addressing ways to mitigate these potential noise impacts.. Examples could include screening of HVAC using other buildings, structures, or walls or use of low-noise equipment. The City's Noise Ordinance, and the California Administrztive Code, requires that interior noise levels in habitable rooms, from noise generated by exterior sources, shall not exceed 45 dBA CNEL. IrafEc-related noise levels ranging from 65 dBA to 70-71 dBA along the eastern boundary of the Project site along Hilltop Avenue are forecast Iypical residential construction, including walls, windows and mechanical ventilation, may lower the interior noise levels with windows closed, however verification that the interior noise levels will meet the interior noise standard of 45 dBA CNEL must be provided. Ihus, interior noise mitigation is also required for the home on Lot 16. the Applicant will be required to submit a noise letter report including data that shows that the construction will ensure that interior noise levels comply with the interior noise level standards. Installation of mechanical ventilation and; or air conditioning in the homes on lot 16, in accordance with the California Building Code is necessazy to ensure that windows_ can be closed to achieve compliance with the 45 dB CNEL interior standard. Implementation of'the mitigation measures contained in Section F below would mitigate potential noise impacts to a level of less than significance. Ihese measures are included as a put of the Mitigation Monitoring and Reporting Program (Attachment 4). F Mitination Necessary to Avoid Si~rrificant Impacts Air Ouality the following Air Quality mitigation requirements, based on the General Plan EIR and Project Air Quality Technical Report, shall be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance in writing by the City's Development Services Director: a, Minimize simultaneous operation of multiple construction equipment units. b. Water active grading sites and unpaved roads a minimum of twice daily to minimize fugitive dust.. The use of other acceptable SDAPCD dust-connol agents as an alternative to watering is permitted.. c. Apply soil stabilizers to inactive construction sites,. d. Apply soil stabilizers or pave the last 100 feet of internal to navel paths within the consh uctioir site prior to public road entry. e. Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. f Remove visible track-out into traveled public streets within 30 minutes of occurrence. g. Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred, h. Provide sufficient perimeter erosion control to prevent washout of'silty material onto public roads. i. Cover and water on-site stockpiles of excavated materials j. Control dust during equipment loading/unloading (cover haul nucks; load moist material; ensure at least 12 inches of freeboazd in haul trucks).. k. Suspend all soil dishnbance and travel on unpaved surfaces if winds exceed 25 miles per hour_ 1. Reduce speeds on unpaved roads to 20 mph or less. m, Use low pollutant-emitting construction equipment. n. Use catalytic reduction for gasoline-powered equipment. ~~-22 o. Use injection-timing retard for diesel-powered equipment- p Use electrical conshuction equipment to the extent feasible_ q. Stabilize graded areas as quickly as possible to minimize fugitive dust. Disturbed areas should be developed, hydroseeded or landscaped, as directed by City Staff.. r. Pave permanent roads as quickly as possible to minimize dust. s Use electricity from power poles instead of temporary generators during building, if available. t. Io the maximum extent feasible, heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control should be used during grading and conshuction activities. u Construction equipment shall be equipped with pre-chamber diesel engines or equivalent, together with proper maintenance and operation, to reduce emissions of nitrogen oxide, to the extent available and feasible. Bioloeical Resources 2. Prior to issuance of any land development permits that include removal of vegetation, clearing, grubbing, grading or construction activities, the Applicant shall apply- to the City and obtain approval of a Habitat Loss Incidental Iake (HLII) Permit pursuant to Section 17 35 of the Chula Vista Municipal Code for impacts to 0,2 acres of coastal sage scrub, and 1,1 acres of non-native grassland.. 3. Prior to issuance of any land development permits, the Applicant shall mitigate for direct impacts to 0,2 acres of Coastal Sage Scrub and 1.1 acres of Non-Native Grassland habitats, pursuant to Section 5 2..2 if the City's MSCP Subarea Plan. In compliance with the MSCP Subarea Plan, the Applicant shall secure mitigation credits within aCity-approved mitigation bank, or other approved location offering such credits, consistent with the established ratios specified in the Impact and Mitigation Table below, to the satisfaction of the Director of Development Services. Impacts and Associated Mitigation Table Mitigatiou Required Mitigation Required I Habitat MSCP r Ratio Mitigation Ratio Mitigation Type Tier' Ages (Inside (Inside (Outside (Outside ' Preserve Preserve) Preserve) Preserve Coastal II 02 1:1 0.2 7.5:1 O.i Sage Scrub Non- III 1.1 0.5:1 0 55 ~ 1:1 1.1 Native Grassland Disturbed NIA 0..9 N/A N/A N/A N/A Lands Total 2..2 0..75 1..4 I All Project impacts occur outside the City's MSCP Preserve the Applicant shall be required to provide verification of purchase to the City, prior to issuance of any land development permits, Verification that mitigation credits have been obtained shall be provided to the City prior to approval of any land development permits. If the mitigation credits are secured in an area outside of the City's Preserve, the Applicant shall 10 10-23 establish a Iona term funding mechanism for maintaining the identified mitigation site in perpetuity, and prepare and implement a Management and Monitoring Plan (44MP) program for the mitigation land to the satisfaction of the Director of Development Services.. The MMP must provide management measures to sustain the viability of the habitat, and identify timing for implementing the MMP measures.. the Applicant shall be responsible for maintaining the biological integrity of the required mitigation areas and shall abide by all management and monitoring measures of the MMP until such time as the established long-term funding mechanism has generated sufficient revenues to enable aCity-approved management entity to assume the Iona term maintenance and management responsibilities.. 4.. Io avoid any direct impacts to raptors and/or any migratory buds, removal of habitat that supports active nests (including vegetation removal) on the proposed area of disturbance shall occur outside of the combined breeding season for these species, which is January 15 to Aup st 31. If t'emoval of habitat must occur during the breeding season, apse-construction survey must be performed by aCity-approved biologist to determine the presence or absence of nesting birds and raptors on the proposed area of disturbance the pre-construction survey must be concluded within 10 calendar days prior to the start of grading or constru_ctio^ activities (including vegetation removal}.. The Applicant shall submit the results of the pre-construction survey to the .City for review and approval prior fo initiating any construction activities. If nesting birds and/or raptors are detected by the City-approved biologist, a letter report or mitigation plan as deemed appropriate by the City, shall be prepared and include proposed measures to be implemented to ensure that disturbance of breeding activities is avoided, The report or mitigation plan shall be submitted to the City for review and approval and implemented to the satisfaction of the Assistant City Manager/Development Services Director the City's Mitigation Monitor shall verify that all measures identified in the report or mitigation plan are in place prior to and/or during vegetation removal, grading and construction.. Cultural Resources/Paleonto]o 5.. Prior to commencement of grading, the Applicant shall provide a qualified Paleontological monitor supervised by aCity-approved Paleontologist that will conduct (]) surface prospecting for resources and recovery prior to and during grubbing and equipment move-on, (2) provide on- going paleontological monitoring during grading operations; and (3) completion of a complete paleontological resource mitigation program to be implemented during the grading and construction phase.. Geoloev and Soils 6. Pr for to the issuance of any Building or Grading permit for the Project, the applicant shall provide evidence to the satisfaction of the Du ector of Development Services that all the recommendations in the Geotechnical Investigafion Report prepared by Allied Eazth Iechnology dated .January .31, 2007 and updated on April 4, 2007, and the Geotechnical Reconnaissance prepared by Michael W Hart, Engineering Geologist on December 14, 2011, have been satisfied.. Hazards/Hazardous Materials 5. Prior to issuance of the first Building or Grading permit for the project, the Applicant shall apply to the Voluntary Assistance Program of the Hazardous Materials Management Division of the County of San Diego Depaztment of Environmental Health, to authorize the excavation of areas of soil along the perimeters of the former site buildings with total lead concentrations exceeding residential CHHSL values, and disposal of contaminated soil at an appropriate facility, in accordance with applicable local, state 2nd federal laws. Disposal activities will require additional 11 10-24 soil sampling to characterize the soil as a regulated or Califomia hazardous waste, and profile the waste for acceptance at an appropriate facility 6 Prior to issuance of the first Building or Grading permit for the project, and approval of the Voluntary Assistance Program application, the Applicant shall prepare a Simple Excavation or Property Mitigation Plan describing how confirmation sampling will be conducted to document that total lead concentrations at the base and sidewalk of the remaining excavations will be below California Human Health Screening (CHHS) levels.. Also, a Completion Report documenting appropriate remediation and showing consistency with the cleanup of remedial action goals shall be prepared upon completion, the Simple Excavation or Property Mitigation Plan and Completion Report shall be overseen by the Hazardous Materials Management Division of the County of San Diego Depadment of Environmental Health, in accordance with all applicable local, state and federal laws and regulations Noise The Applicant shall incorporate noise abatement measures into the project to ensure that exterior noise levels at the east side of Lot 16 are reduced to 65 dBA CNEL or less.. Prior to the issuance of the Building Permit for Lot 16, the Applicant shall construct a solid wall at the top of a 2 ft. slope/beret at the east end of the site. the wall height should be at least 6 feet above the finished grade of the exterior useable area of Lot 16. The barrier may be made of solid masonry, wood, plexigiass or similar material.. the material shall have a minimum weight of 1 7 pounds per square foot Prior to apptnval of building permit for the home on Lot 16, the Applicant shall submit a noise report to the City demonstrating that interior noise levels would be less than 45 dBA CNEL inside the habitable rooms of'tlte home facing Hilltop Drive the windows of'the home need to remain closed to achieve the 45 dBA CNEL interior noise level. Ihus the design of the home must include a means of mechanical ventilation and air-conditioning, in accordance with the Latest addition of the Califomia Building Code,to the satisfaction of the City Building Official. If a proposed Building Permit includes exterior-mounted HVAC (Air Conditioning) equipment, the Applicant shall submit a noise report demonstrating that noise levels generated by [he FIVAC equipment at any adjacent residential property line would not exceed the City's Noise Control Ordinance (CVMC ] 9.68) exterior noise standards of 45 dBA Leq duffing howl of 10 pm to 7 am (weekdays) and 10 pm to 8 am (weekends); and 55 dBA Leq dining the hours of 7 am to 10 pm (weekdays) and 8 am to 10 pm (weekends}. This standard my be achieved by selection of equipment with low noise levels, or placement of equipment in a way that maximizes the distance to the property lines and uses buildings or other stmctures as noise barriers between equipment and property lines, or providing noise reduction enclosures around the equipment. Cartstruction 1`oise and T~i6ration Mitigation ]0. Io minimize the potential construction noise and vibration impacts upon adjacent residences, the following Mitigation Measures are recommended to be included as a conditions of approval of the Project: a At least 2 weeks but not more than 4 weeks prior to the start of construction, the Applicant shall notify the residents of each property adjacent to the Project Site of the planned construction activities. the notice shall be written and shall include the planned start date, horns of construction and duration of construction activities. the notice shall advise people that there may be disturbing noise during the construction period. 12 10-25 Pursuant to Section 17.24 040(C.8) of the Chula Vista Municipal Code, the use of power tools, power machinery, or equipment or the conduct of construction and building work in residential zones so as to cause noises disturbing the peace, comfort and quiet enjoyment of property of any person residing or working in the vicinity between the hours of 10:00 pm and 7:00 am, Monday through Friday, and between 10:00 p.m. and 8:00 a.m, Saiurday and Sundays, except when work is necessary for emergency repairs for the health and safety of any member of the community, is considered a public nuisance and is a violation ofthis CVMC Section. G. A2r'eement to Implement Mitieation Measures By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement. same to the satisfaction of the Development Services Director. F ailure to sign the line(s) provided below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant's and Operator's desire that the Projec4 be held in abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact Report. Printed Name and Title of Applicant t (or authorized representative) Signature of Applicant (or authorized representative) Printed Name and Title of Property Owner (if different from Applicant) ~~ ~(~ 12- Date t1_l. _~C/ fit- U Date Date Signature of Property Owner Date (ifdifferent fiom Applicant) H. Consultation 1. Individuals and Organizations City of Chula Vista: Richard Zumwalt, Planning Division, Development Services Depaztment Mazy Ladiana, Planning Division, Development Services Department Ben Guerrero, Planning Division, Development Services Depaztment Pahicia Ferman, Landscape Architecture Division ,Development Services Department Mazisa Lundstedt, Advance Planning, Development Services Department Glen Laube, Advance Planning, Development Services Department Rima Thomas, Engineering, Development Services Department Iom Adler, Engineering, Development Services Department David Kaplan,'Iraffic Engineering, Development Services Department 13 10-26 Kelly Briers, Fire Department Others: Sweetwater Authority Water District Chula Vista Elementary School District Sweetwater Union High School District SDG&E 2. Documents City of Chula Vista General Plan, 2005 (as amended) Iitle 19, Chula Vista Municipal Code. City of Chula Vista MSCP Subarea Plan, February 2003. Air Quality Impact Analysis and Greenhouse Gas Impact Analysis for the .35 Iamarindo Way Project, dated May 2012, prepared by AECOM. Biological Resources Letter Report for the 35 Iamarindo Way Project prepared by AECOM, dated March 2D, 20]2. Paleontological Locality Seazch letter report for the 35 Iamarindo Way Project dated December 5, 2011, prepared by the San Diego Natural History Museum, GeotechnicalInvestigationReport for the 35 Iamarindo Way Project prepared by Allied Earth technology, dated January 31, 3007, and updated on April 4, 2007, Geotechnical Reconnaissance for the 35 Iamarindo Way Project prepared by Michael W. Hart, Engineering Geologist, dated December 14, 2011. Phase 1 Environmental Site Assessment for the 35 Iamarindo Way Project dated January 11, 2012, and Subsurface Assessment dated .lanuary 10, 2012, were prepared by SCS Engineers. Noise Impact Analysis for the 35 Iamarindo Way Project prepared by AECOM, dated April 9, 2012. Archaeological Survey and Historic Resource Evaluation Report for the 35 Iamarindo Way Project, prepared by AECOM, dated March 2012, Drainage Report for the 35 Iamarindo ~Vay Project Report , prepared by CaIlu Engineering, dated .June 19, 2012.. Sewe[ Keport for the 35 Iamaz'indo Way Project Report, prepared by Callu Engineering, dated March 30, 2012 Water Quality Technical Report for the 35 Iamarindo Way Project Report, prepared by Cal]u Engineering, dated June 19, 2012. 14 10-27 3 Initial Study Ihis environmental determination is based on the attached Initial Study, and any comments received in response to the Notice of Initial Study the report reflects the independent judgment of the City of Chula Vista. Further information regazding the environmental review of-this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Cl}uta Vista, CA 91910. ~~ Date: A S..C.P. (FY-I1-]2)\IS135 iamatindoVS-12-O1 DraftMND 15 ~ ~r ~Z 10-28 CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR PRO )ECT Ga WattS ~' PROTECT DESCRIPTION: APPLICANT. MISCELLANEOUS PROJECT ADDRESS: 35TamarindoVJay Re vest Pre osed recise Ian to modi R-1-5 develo ment 9' P P P N P standard for ccnstruction of 16 sinole family residentizl units SCALE FILE NUfdEER: On 2 2 acfe5 Site. NORTH No Scale PCM-12-02 Related case: is-tz-oot; Pcz-tz-ot; acs-tz-ot L/Dal Flle0.ocalor7T/FCM/PCNl12A?_020]2012 10_^^ ~ ;f If ~~~ t c I1 e _ .t ~,.x ~~F~=~L '1"""' HOLIDAY ESTATES TDWNHOUSES N,v.RESlDmnnu ~-H~Y .--~ E+.,; _. - - _.. 17 _. ,~1 ,.. -- .t - -- w - - TAMARINOO WAY /„1 - ~--- - ¢, m. ~ i -- u }~ ~- J n A~-~ II R F' 14 S I 11 S~ I I x>, I ~ I ~ _ ~I >~ r I ; ~a; r,~ i, ul Jj r,` I -^ i III I I I I I' §i 6w I I~~fl I,rv,r I 1 P II ~~I II~~C e II l 4 JI I Ci ,, ~' I I I A -Ij I A' I I 641 r1 J J~ L__ J C- J~~ L. 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ATTACHMENT "4" MITIGATION MONITORING AND REPORTING PROGRlLM (NIIvIRP) 35 TAMARINDO WAY PROJECT - IS-12-O1 Ihis Mitigation Monitoring and Repotting Program has been prepared by the City of Chula Vista in conjunction with the proposed 35 Tamazindo Way project. The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration prepazed in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-12-O1). The legislation requites public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB ~ 1 SO requires monitoring of potentially significant and/or significant environmental impacts. the Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the followurg potential impacts(s): 1. Air Quality 2. Biological Resouz'ces 3 Cultural Resowces 4. Geology and Soils 5 Hazards/ Hazardous Materials 6- Noise MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator s shall be the Director of Development Services and City Engineer of the City of Chula Vista. the applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Director of Development Services and City Engineer. The applicant shall provide evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-12-O1 to the Director of Development Services and City Engineer.. The Director of Development Services and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, the Mitigation Monitoring and Reporting Program Table, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration IS-12-O1, which rndll be implemented as part of the project In order to determine if the applicant has implemented the measme, the method and timing of verification are identified, along tiv7th the City department oz agency responsible for monitoxing/verifyingthat the applicant has completed each mitigation measure, Space for the signature of the verifying person and the date of inspection is provided in the last column.. J:~RichazdZ~Sou[hwestlCU5-12-O1MMRPtext. doc 10-31 Table 1 - 35 Tamarindo Wa Miti anon Monitorin and Re ortin Pro ram (IS-12-g1; PCZ-12-01; PCS 12-01; PCM-12-g2) Mitigation Mitigation Measure Method of Tlming of Responsible Completed Comments Measure Verification Verification Party Initials /Date No. O I W N ~ ~. ~; ~ ~ ; .~ : i ~ _; i ~ r~ ~ I ii ~ ~ , :- , ~ i ~ ' ~7 I i~ i I - F M i ~i ~ ~ Pr$; ~ St C O DRnst . ~ -i Pasf ~d9k i , ~ ~ ; ~ i . . t i i. ~. AIR QUALITY.; . . i i ~ . . I~ , The following Air Quality mitigation requirements, based on the General Plan Plan ChecWSite ' pinal X X Applicant, City 1 EIR and Proled Air Quallly Technical Report, shall be shown on all applicable Inspection Map Development Services grading, and building plans as details, notes, or as otherwise appropriate, and pepartmenC Engineering shall not he deviated from unless approved in advance in writing by the City's Division, Planning Division. Development Services Director. Short-Term Protect Construction Activities a. Minimize simultaneous operation of multiple construction equipment units. 6. Water active grading sites and unpaved roads a minimum of twice daily tv minimize fugitive dust The use of other acceptable SDAPCD dust-control agents as an alternative to watering is permdted. c. Apply soil stabilizers to Inactive construction sites. d. Apply soil stabilizers or pave fhe last 100 feet of internal to travel paths within the construdion site poor to public road entry. e. Install wheel washers adjacent to a paved apron poor to vehicle entry on public roads. f. Remove visible track-out into traveled public streets within 30 minutes of oaurrence. g. Wet wash the construdion access point at the end of each workday iF any vehicle Iravel on unpaved surfaces has occurred. h. Provide sufficient perimeter erosron control to prevent washout of silty material onto public roads. i. Cover and water on-site stockpiles of excavated materials. j. Control dust during equipment loadinglunloading (wver haul trucks; load moist material; ensure at least 12 inches of Geeboard in haul trucks). k. Suspend all soil disturbance and travel on unpaved sudaces if words exceed 25 miles per hour. I. Reduce speeds an unpaved roads l0 20 mph or less. m. Use low pollutant-emitting construdion egwpment n. Use catalytic reduction for gasoline-powered equipment. o. Use Inlection-timing retard for diesel-powered egwpment. p. Use electrical construction equipment to the extent feasible. q. Stabilize graded areas as quckly as possible to minimize fugitive dust. Disturbed areas should be developed, hydroseeded or landscaped, as directed by Glty Staff. r. Pave permanent roads as quickly as possible to minim¢e dust. s. Use electricity from power poles instead of temporary generators dunng building, if available. t. To the maximum eMent feasible, heavy-duty construction egwpment with modified cvmbustionlfuel inlectlon systems for emissions control should be used dunng grading antl construction activities. u. Construction equipment shall be equipped with pre-chamber diese l engines or equivalent, together with proper maintenance and operation, to roduce emissions of nitrogen oxide, to the extent available and feasible. Page-t T~r.h 4 _ vS T~me.inrln U/nv Mi{in ofinn Mnnifn rinn nnA Rann rFinn Prnnram IS-12-01 • PC7-12.01: PCS 12-01: PCM-12-D21 O 1 W W Mitigation Mitigation Measure Method of Timing of Responsible Completed Comments Measure Verification Verification Party Initials /Date No. '61OLOGICALftESOURCES - F.M, Pre- Post Cdnst Const Cost 2 Prior to Issuance of any land development permits that include removal of Plan Check Applicant{ City vegetation, cleanng, grubbing, grading or construction activities, the Applicant x Development Services shall apply to the City and obtain approval of a Habitat Loss Incidental Take X Department Planning (HLIT) Permit pursuant to Section 17.35 of the Ghula Vista Municipal Code for Division, Land Impacts to 0.2 acres of coastal sage scrub, and 1.1 acres of non-native Development Division. grassland. 3 To avoid any direct impacts to raptors and/or any migratory birds, removal of Plan Check/Site X X Applicant; City habitat that supports active nests (including vegetallon removal) on the Inspection Development Services proposed area of disturbance shall occur outside of the combined breeding Department Planning season for these speaes, which is January 15 to August 31. If removal of Division, Land habitat must occur during the breeding season, apre-construction survey Development Division. must be performed by aCity-approved biologist to determine the presence or absence of nesting birds and raptors on the proposed area of disturbance. The pre-construction survey must be concluded within 10 calendar days poor to theslart of grading or construction acllvities (including vegetallon removal). The Applicant shall submit the results of the pre-construction survey [o fhe City for review and approval prior to initiating any construction activities. It nesting birds and/or raptors are detected by the City-approved biologist, a letter report or mitigation plan as deemed appropriate by the Ciry, shall be prepared and include proposed measures to be implemented to ensure that disturbance of breeding activities Is avoided. The report or mitigation plan shall be submitted to the City for review and approval and implemented to the satisfaction of the Assistant City Manager/Development Services Director. The City's Mitigation Monitor shall verify that all measures identifed in the report or mitigation plan are in place poor to and/or durng vegetation removal, grading and construction. 4 Prior to issuance of any land development permits, the Applicant shall mitigate Plan Check/ Applicant; City for direct impacts to 0.2 acres of Coastal Saqe Scrub and 1.1 acres of Non- ' Submit evidence of X X Development Services s MSCP Nallve Grassland habitats, pursuant to Secton 5.2.2 if the City open space parcel DepatmenC Planning Subarea Plan. In compliance with the MSCP Subarea Plan, the Applicant shall acquisition and offer Divlslon, Land secure mttigatlon credits within aCity-approved mitigation bank, or other le convey Development Division. approved location offering such credits, consistent with the established ratios specified in the Impact and MRigation Table below, to the satisfaction of (he Prepare and Director of Development Services: implement a Management and Monitoring Plan (MMP) Page - 2 fable t -35 lamannao wa mrzi anon monuonn ari a ne or<m rro r a rn ra-i<-~-i~ ri.a-ic-~~ rw ~ <-o. r.. ~.~-~<-~< Mitigation Mitigation Measure Method of Timing of Responsible Completed Comments Measure Verification Verification Party' Initials / Dafe No. 4. (confd) Im pacts and Asso aated Mitigation Table Plan Check/ Applicant; City Submit evidence of Development Sernces Habitat Coastal Non-Native Disturbed Total open space parcel X. R Department: Planning T e: Sa e Scrub Grassland Lands acgwsition and offer Division, Land MSCP II III N/A to convey Development Division. Tier: Prepare and Acres' ~ 0.2 1.1 0.9 2.2 implement a Mitigation Management end Ratio: 0.5;1 Monitoring Plan (Inside 1:1 N/A (MMP) 0.2 ac. ~ 0.55 ac. ~ N/A ~ 0.75 ac. Ratio: 1.5:1 1:1 NIA (Outside Preserve Required Mitigation: 0.3 1.1 NIA 1.4 ~ (Outside O Preserve) 1, All Prolecl impacts occur outside the Citys MSCP Preserve. W ~ The Applicant shall be required to provide verification of purchase to the City, poor to issuance of any land development permits. Verifcalion that mitigation credits have been obtained shall be provided to the City poor to approval of any land development permits. If the mitigation credits are secured In an area outside of the City's Preserve, the Applicant shall establish along-lenn funding mechanism for maintaining the Identified mitigation site in perpetuity, and prepare and Implement a Management and Monitoring Plan (MMP) program for the mitigation land to the satisfaction of the Director of Development Services. The MMP must provide management measures to sustain the viability of the habitat, and identify timing for implementing the MMP measures. The Applicant shall be responsible for mamtaining the biological integrity of the required mitigation areas and shall abide by all management and monitoring measures of the MMP until such lime as the established long-term funding mechanism has generated suffcient revenues toenable aCity-approved management entity to assume the long-term maintenance and management responsibilities. Pagc - 3 Mitiyation Mitigation Measure Method of Timing of Responsible Completed Comments Measure Verification Verification Party Initials /Date O I W rs ~ ': , i i +: it , it ':i, 'I , '~ ,:yl l i i,i ~ ' ~ ~i ' i I ' ,fe ' ' I P44t ' '~ viii i ' '" CULTURAL f~~~OURCES~TPAUEbNTq(.OC~Y:ii ~ ..I: ' ~ P,M,. ty anst Cana( , Gost i. " i t 5 Prior to commencement of grading, the Applicant shall provide a qualified X X Applicant, Applicant's Paleontological monflor supervised by aCity-approved Paleontologist that will Plan ChecWSlte Qualified Paleontologist; conduct (1) surface prospecting far resources and recovery prior to and during Inspection/Submit City Development Services grubbing and egmpmenl move-oq (2) provide ongoing paleontological monitoring report Departmenk Planning monitoring during grading operations, and (3) completion and submittal of a Division, Depl. of Public complete paleontological resource mitigation program to be Implemented Works. during the grading and construction phase, to the satisfaction of the Director of Development Services. , ' t~ i i in ~ ,i , ~~ r , ~ ~' , : i {i ~ ~ n S y l n ++ '. " ~ ' ii+i i ~ ~ F M 'Pre `~" sM - ~ 'Co at Post t Cost 'i ~ ",~, , ,J I i ' I ,., ~ ~ ,,l.ir ;,.~ DEOLOGY HND~SQILSe ~ , , ~ ~ , . au n , , . ~ ft, the applicant shall Prior to the issuance of any Building orGrading perm Check/Site PIan X X ApplicanVCily 6 provide evidence to the satisfaction of the Director of development Services Inspection Development Services that all the recommendations in the Gevlechmcal Investigation Report Depadment: Building i prepared by Allied Earfh Technology dated January 31, 2007 and updated on Division, Engineenng April 4, 2007, and the Geolechnical Reconnaissance prepared by Michael W. Divison, Planning Division Had, Engineering Geologist on December 14, 2011, have been satisfied. !: Ii: 1, Al '.: 1 "_i , ; ..~ Qfe1L ,~. p PoSt I 11 ~ , ~ y ' ' i :'HAZARDS/HA7l+RROUS'iMA7ERIA6S~ ' ' ~~ i .; ~ , ~M ;C9nst Consf cast, ':; ~ ~ , Prior to issuance of the hrst or Grading or Building permit for the pro~ecl, the PIan Gheck/Site ApplicanVCity 7 Applicant shall apply to the Voluntary Assistance Program of the Hazardous Inspection Development Services Materials Management Division of the County of San Diego Department of Department: Building Environmental Health,.to authorize the excavation of areas of soil along the Division, Planning perimeters of the former site buildings with total lead concentrations exceeding Division, Engineenng residential GHHSL values, and disposal of contaminated soil at an appmpnate Division; facility, in accordance with applicable local, slate and federal laws. Disposal Dept. of Public Works; activities will require addAlonal soil sampling to characterize the soil as a Hazardous Materials regulated or California hazardous waste, and profile the waste for acceptance Management Divison of at an appropriate facility. the County of San Diego Department of Environmental Health. Page - 4 ~..a_,nr.,• nn ~.:...,«:,.~ nn,...:«...n.,. .,.,.r oe.....Hnn o.nn.~,,, dC.42n1• PC7_9209• PCS 19.01 PCM.19_f121 Mitigation Mitigation Measure Method of Timing of Responsible Completed Comments Measure Verification Verification Party Initials /Dale N o. O I W ' i ,;i. ~ i i ;. i iii ~ ~~ ii ~' l ~' ~~ :' I F , iii ' ~ ~~ F t k pre Cpn t p EI~ Cdt PCSt ~ st iiii ~ i :'4 'i ~, i ~'~ ~ ' ; ~ i iA2ARDSIHA2ARDUUSMAY,E.RIALS .y ila , v ; . y€ q Prior to issuance of the first Grading or Building permit for the protect, and Plan Check/Site X X ApplicanUCity t3 approval of the Voluntary Assistance Program application, the Applicant shall Inspection Development Services prepare a Simple Excavation or Property Mitigation Plan describing how - DepadmenC Building confirmation sampling will be conducted to document that total lead Divislon, Planning concentrations at the base and sidewalls of the remaining excavations will be Divislon, Engineering belav California Human Health Screening (CHHS) levels. Also, a Completion Divislon; Report documenting appropriate remedialion and showing consistency with bepl. of Public Works; the cleanup of remedial action goals shall be prepared upon completion. The Hazardous Materials Simple Excavation or Properly Mitigation Plan and Completion Report shall be Management Division of overseen by the Hazardous Materials Management Division of the County of the County of San Diego San Diego Department of Environmental Health, In accordance with all Department of applicable local, state and federal laws and regulations. Enwronmenlal Health. _, : ~ , ' 'r ii , i'I i ~nW , .,,~ ,, . NOISE ~ ,~ , ~ ' I i ',i ~_ i11 ~ Ii FR¢ .; i i ~ ii Frei : . i ~ i ,C-ansl, I I Post , i ~ , , ll ~ 'ii ~~ ::, ~, , ~ ~ , ~~, I , „ t ~, i~ i i i !uy ' r- ~ i Cmnsk n f ~ i) : i Cosk . '~~ ~ I The Applicant shall incorporate noise abatement measures into the protect to Plan Check/Site X X X ApplcanUCity 9 ensure that exterior noise levels a[ the east side of Lot is are reduced to 65 Inspection Development Services dBA or less. Prior to the issuance of the Building Permit for Lot 16, the Department: Planning Applicant shall construct a solid wall at the lop of a 2 fl. slopelberm al the east Division, Building Division, end of the site. The wall height should be at (east 6 feet above the Unished Engineering Divislon. grade of the exteror useable area of Lot 16, The barrier may be made of solid masonry, wood, plexiglass ar similar material. The material shall have a minimum weight of 1.7 pounds per square foot Prior to approval of building permd for the home on Lot 16, the Applicant shall Plan Check/ Submit X X ApplicanUCity 10 submit a noise repod to the Clty demonstrating that interior noise levels would noise analysis/ Site Development Servces be less than 45 dBA CNEL inside the habitable rooms of the home facing Inspection DepadmenC Planning Hilltop Drive. The windows of the home need to remain closed to achieve the Division; Building Division. 45 CNEL Interior noise level. Thus the design of the home must include a means of mechanical ventilation and air-contlitioning, in accordance with the latest addition of the California Building Code, to the satisfaction of the City Building Official. If a proposed Building Permit mdudes exterior-mounted HVAC (Air Plan Checkl Submit X ApplicanVCity 11 Condiliomng) equipment, the Applicant shall submit a noise report noise analysis! Site Development Services demonstrating that noise levels generated by the HVAC egwpmenL at any Inspection Department Planning adiacenl residential property line would not exceed the City's Noise Control Division; Building Division Ordinance exerior noise standards of 45 dBA Leq during hours of 10 pm to 7 am (weekdays) and 10 pm to 8 am (weekends); and 55 dBA Leq during the hours of 7 am to 10 pm (weekdays) and 8 am to 10 pm (weekends). This standard my be achieved by selection of equipment with low noise levels, or placement of equpment in a way that maximizes the distance to the propedy lines and uses buildings or other structures as noise barriers between equipment and property lines, or providing noise reduction enclosures around the egmpmen[. Page • 5 Table 1 - 35 Tamarin:ig Wav Mitigation Monitoring and Reporting Program (IS-12-07: PCZ-12.01: PCS 12-01: PC Mitigation Mitigation Measure I Meihod of I Timing of Responsible Completed Comments Measure Verification Verification party Initials /Date O I W J ' : I i 'I: : ',i -' i ~ n:r '' ~u I ~il i' ! .. ~ ' ~ 'I :~! a ~ lip 'i ' ! ~ i ,: ' ' ''.: ' ~" , i : i i Np~SE ': ~ : i i i,i ' F(VY P,re C4f1 SS i P9Sk '. ~ , :: i;;i ~ : ~, ,,. _. ,.:i: r:a : ,' _ C:gnsk ;;: ..iGost ' .. :~ 12 Construction Noise and Vibration Mitigation X X To minimize the potential construction noise and vibration impacts Upon adiacenl residences, the following Mitigation Measures are recommended to be Included as a condKions of approval of the Proleck a. Al least 2 weeks but not more than 4 weeks prior to the start of construction, the Applicant shall notify the residents of each properly adiacenl to the Project SRe of the planned construction activities. The notice shall he written and shall include the planned Stan date, hours of construction and duration of construction activities. The notice shall advise people tha[ there may be disturbing noise during the construction penod. b. Pursuant to Section 17.24.040(C.8) of the Chula Visfa Municipal Gode, the use of power tools, power -. machinery, or equipment or the conduct of construction and building work in residential zones so as to cause noises disturbing the peace, comfon and quiet enjoyment of properly of any person residing or working in the vicinity between the hours of 10:00 pm and 7:00 am, Monday through Friday, and between 10:00 p.m. and 8:00 a.m. Satumay and Sundays, except when work is necessary for emergency repairs for the health and safety of any member of the community, is considered a public nuisance and is a violation of this CVMC Section. S:UlicirarclZ\Soulhwcst II\]5-12-01 MMI2PWl.doc Page - 6 ~~4/~ :.tsp. ON OF ENVIl2ONMENTAL CHECKLIST FORM cHUw vis7n 1. Name of Proponent: 35 Tamarindo, LLC 9I5 Camino Del Mar' ~+ 200 Del Mar, CA 92014 2.. Lead Agency Namc and Address: City of Chula V ista Development Services Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 35 Iamarindo, LLC 915 Camino Del Maz # 200 Del Maz, CA 92014 (858) 794-2100. 4. Name of Proposal: 35 Tamanndo Way 5. Date of Checklist: September 20, 2012 6. CaseNo.: IS-12-OD] ENVIItONMENTAL ANALYSIS QUESTIONS: Issues: L AESTHETICS. Would the project: Less Ihan Potentially Signifcant Less Ihan Nu Significant With Significant Impact Impact Mitigation Impact Incorporated a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially decade the existing visual chazacter or quality of the site and its surroundings? d) Create a new source of substantial lig}tt or glare, which would adversely affect day or nighttime views in the area? 1 10-38 ^ ^ ^ ^ ^ ^ ~ ^ D ^ ^ D ^ ~~ Y~>ii~vi 1 Less Ihan Potentially Significant Less than ISSUeS: Significant with Significant ~° Impact Mitigation Impact Lmpact Incorporated COlnments' a-b)Ihe proposal includes the development of sixteen single family residential traits with site improvements in accordance with the City of Chula Vista Municipal Code the proposed landscape improvements would enhance and improve the aesthetic quality of Hilltop Drive and 7amarindo Way, the proposed on-site public street and surrounding neighborhood. the proposed project would not damage any scenic resources, vegetation, or historic buildings within a state scenic highway.. the project site is a terraced area with elevations increasing from east to west as follows: the eastern-most portion has a'4-foot elevation from Hilltop Drive; the center portion has an elevation of 8 feet above Hilltop Drive; and the western-most portion has an elevation of 12 feet above Hilltop Drive. the site is located within a developed area with single- family homes and amulti-fami]y complex.. Development of the project site with homes could affect views from these adjacent properties. However, the development layout is designed to include side-yard setbacks, which allow views between proposed homes and above the roofline of single-story homes. the approval of the project will not substantially damage scenic resources or degrade existing views across the properTy, therefore, no significant aesthetic impacts are anticipated, c) the proposal is an infil] residential development project The proposed project will not substantially degrade the existing visua] character or qua]iTy of the project site or its adjacent residential surroundings. the project site is planned for single -family residential development according to the General Plan Land Use regulations.. d) Cu[rently, there are two street lights on Iamarindo Way across the street from the project site, which provide public lighting in the area, the proposed project provides private lighting for each residence, which should not affect adjacent residences.. The proposal will be required to comply with the City's minimum standards for roadway lighting. the project will be required to comply with the light and glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CVMC).. Compliance with these regulations will ensure that no significant glare, or light would affect daytime or nighttime views in the surrounding residential neighborhood area bliti¢ation: No mitigation measures are required. II.. AGRICULTURAL RESOURCES. W"ould the project: a) Convert Prime Fazmland, Uniqve Fazmland, or ^ ^ ^ Fazmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Pro~am of the California Resources Agency, tonon-agricultural use? b) Conflict with existing zoning for agriculhrral use, or a ^ ^ ^ ~ 10-39 Issues: Less I han Potentially SigniStnnt Significant with Impact ~Filigetion lncorporaled Less Ihnn ua Significant Impact Impact Williamson Act contract? c) Involve other changes in the existing environment, ^ ^ ^ ~ which, due To their location or nahrre, could result in conversion of Farmland, to non-agricultural use? Comments: a-c)Ihe project site is currently undeveloped. the site was previously used for asingle-family residence and out-buildings, which were demolished in 2008 the surrounding propertes have been developed with single-family homes, Ihese properties are consistent with the Chula Vista General Plan and zoning designation, and contain no agicultwal resources or designated farmland. the proposal would not convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agricultural use and no impacts to agricultural resources would be created as a result of the proposed project.. Miti~ation• No mitigation measures aze required, IIL. AA2 QUALITY.. Would the project: a) Conflict with or obstruct implementation. of The ^ ^ ^ ~ applicable ah' quality plan? b) Violate any air quality standard or contribute ^ ^ D substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of D ^ ^ any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient au' grtality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ^ ^ ^ concenhations? e) Create objectionable odors affecting a substantial ^ ^ ^ 3 10-40 Issues: number of people? Comments: Less Ihan Potentially Significant Significant bV i[h Impact hritigation Incorporated Less Than ~o Significant Impact Impact a, c, e) Pursuant to the Air Quality Impact Analysis prepared by AECOM, dated May 20]2, the Ptoject would not conflict with or obstruct implementation of the applicable air quality plan, or result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard, or create objectionable odors affecting a substantial number of people. b & d) See Mitigated Negative Declaration, Section F. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level of less than significance.. IV..BIOLOGICALRESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ^ tluough habitat modifications, on any species identified as a candidate, sensitive, or special status species In local or regional plans, policies, or regulations, or by the California Depaztment of Fish and Game orU.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian ^ habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Cmme or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally ^ protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or othermeans? ^ 10-41 Issues: d) Interfere substantially with the movement of any ^ native resident or minatory 5sh or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ^ protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ^ Conservation Plan, Natural Community Conservation ' Plan, or other approved local, regional, or state habitat conservation plan? Comments ^ ^ ^ a, d & f): Impacts to 0 2 aces of coastal sage scrub, I .I acres of nonnative grassland, and 0.9 acres of dishubed/ornamental habitat are anticipated. The proposed project construction would impact nesting birds using the trees on site. the Project must comply with the City's MSCP program requirements in order to avoidconflicts with the City's MSCP Conservation Plan, Therefore, mitigation measures are required.. See Mitigated Negative Dec]aration, Section E. b) No riparian habitat exists within 500 feet of the project site. c) No wetlands are found on the site.. e) the Project will not conflict with local policies or ordinances related to biological resources. Mitigation: the mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant biological resource impacts to a level of less than significance V. CULTURAL RESOURCES. ~'/ould the project: a) Cause a substantial adverse change in the significance ^ ^ ^ of a historical resource as defined in State CEQA Guidelines § 15064.5? b) Cause a substantial adverse change in the significance ^ ^ ^ ~ of an archaeological resource pursuant to State CEQA Guidelines § ]5064..5? 5 Less 7 han Significant Less Ihan No with Significant Impact blitiga[ion Impact Incorporated ,~ ^ ^ Potentially Significant Impact 10-42 Lcss I h x n Potentially Sfgnifican[ Less Ihan No Issues: - Stenirman[ with Significant Impac[ Impact Jliftgatfon Impact Incorporated c) Directly or indu~ectIy destroy a unique paleontological ^ ~ ^ ^ resource or site or unique geologic feature? d) Dishrrb any human remains, including those interred ^ ^ ^ outside of formal cemeteries? Comments a) In order to assess potential historic resources located on the project site or surrounding areas, an archaeologicallhistorical evaluation entitled "Revised Archeological Survey and Historic Resource Evaluation Report for 35 Tamazindo Way Housing Development" was prepared by AECOM, dated March 2012. The following details summarize the results of the study,. Zhe previously existing structures (demolished in 2008) were constructed in 1949 and were not associated with any important events or individuals in terms of local, state or national history. The existing structures and the site do not qualrfy as a historic resource under national, state or local register criteria The proposed project will not constitute a substantial, adverse change #o fhe significance of an historical resource as the structure has been determined by the analysis not to be histor ically of architecturally significant within the project impact area Therefore, no substantial adverse change is the significance of a historical resource as defined in Section 15064.5 is anticipated and no mitigation measw es are required. b) the site has been disturbed by development, and buried wltural deposits are more likely to occur in stream or riverbed areas to the south of the site. Based on the level of previous site disturbance, the likelihood that buried cultural deposits will be encountered is very low. Therefore, potential for significant impacts or adverse changes to archaeological resource as defined in Section 15064.5 is not anticipated. c) the mitigation measures contained in Section F of the Mitigated Negative Declazation would mitigate potentially significant paleontological resouroe impacts to a ]evel of less than significance.. d) Pursuant to the Archeological Survey and Historic Resource Evaluation Report, no human remains az'e anticipated to be present within the project site as the site has been previously graded and used for residential uses, structures and utilities.. Mitigation: the mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially sib ifieant biological resource impacts to a level of less Than significance. VL. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or 10-43 Less Than Potentially Sinnificant Less Ihan No I$SU BS' Significant Impact with Mitigation Signitica nt Impact Impact Incorporated death involving: i Rupture of a known earthquake fauirt, as delineated ^ ^ ^ . on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii Strong seismic e ound shaking? ^ ^ ^ . iii. Seismic-related ground failure, .including ^ ^ ^ liquefaction? iv. Landslides? ^ ^ ^ b) Result in substantial soil erosion or the loss of ^ ^ ^ topsoil? c) Be located on a geologic unit or soil that is unstable, ^ ^ ~ or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d} Be located on expansive soil, creating substantial ^ ^ ^ risks to life of property? , e) Have soils incapable of adequately suppoding the ^ ^ ^ ~ use of septic tanks or alternative wastewater' disposal systems where sewers aze not available for the disposal of wastewater? 7 10-44 IssneS: Comments: Less Iltan Potentially Significant Significant With Impact ~1i[igation Incorporated Less Than Vo Significant Impact Impact (a i-iv, d) See mitigation measures contained in Section F ofthe Mitigated Negative Declaration- (b) According to the Geotechnical Investigation prepared by Allied Earth Technology dated April 4, 2012, the potential for substantial soil erasion and loss of topsoil is low and therefore would not be considered a significant impact; {c) The site is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result is on- or o#f site landslide, lateral spreading, subsidence, liquefaction or collapse; (e) Septic systems are not proposed by the Project. Miti>?afion: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant geological impacts to a level of less than significance. VII.. HAZARDS AND HAZARDOUS MATERIALS, Would the project: a) Create a significant hazard to the public or the ^ ^ ^ environment throue~ the routine transport, use, or disposal of hazardous materials? b) Create a significant hazazd to the public or the ^ ® ^ ^ environment tlu~ough reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ^ ^ ^ acutely hazardous materials, substances, or waste within one-quazter mile of an existing or proposed school? d) Be located on a site which is included on_ a list of ^ ^ ^ hazardous materials sites compiled pursuant to Government Code section 65962,5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, ^ ^ ^ where such a plan has not been adopted, within rn~o miles of a public airport or public use airport, would the project result in a safety hazard for people residing 8 10-45 Less than Potentiany Significant Le55 Than No >!SS11eS' Significant with Significant Impact Impact IDliligation Impact Incurpotvted or working in the project area? f) For a project within the vicinity of a private airship; ^ ^ ^ would the project result in a safety hazard for people residing of working in the project area? g) Impair implementation of or physically interfere with ^ ^ ^ ~ an adopted emergency response pkla or emergency ~. evacuation plan? h) Expose people or structures to a significant risk of loss, ^ ^ ^ injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences aze intermixed with wildlands? 9 10-46 Less Ihan Potentially Significant Less Than i\,n ISSneS: Significant with Significant Impact Impact Vtiliga[ion Impact Incorporated Comments: a) Project does not involve the routine transport, use, or disposal of hazardous materials. 6) See Mitigated Negative Declaration, Sections E and F.. c) See Mitigated Negative Declaration, Sections E and F d) The proposed project is not located on a site included on the CounTy of San Diego Depaztment of Environmental Health Services Hazrdous List pursuant to the Government Code Section 65962 5, therefore, will not create a significant impact to the public or the environment. e) the project is not located within an auport ]and use plan nor within two miles of a public airport or public use auport; therefore, the project would not expose people residing or working in the project area to adverse safety hazards.. f) the project is not located within the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to adverse safety hazards.. g) The project is designed to meet the City's emergency response plazi, route access and emergency evacuation requirements. the proposed fine improvements include an emergency turning radius and fire hydrant.. No impairment or physical interference with the City's emergency response plan is anticipated. h) The project is designed to meet the City's Fine Prevention building and fire service requu~emen[s.. No exposure of people or structures to a significant risk of loss, injury or death due to wildfires is anticipated. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declazation would mitigate potentially significant Hazards/Hazardous Materials impacts to a level of less than significance.. VIII. I3YDROLOGY AND WATER QUALTI'I'. Would the project: a) Result in an increase in pollutant dischazges to ^ ^ ^ ~ receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Substantially deplete grormdwater supplies or interfere ^ ^ ^ substantially with groundwater rechazge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g, the 70 10-47 Less T han Potential]}' Significant I55ueS: Significant with Impact Mitigation Incorporated production rate of pre-existing neat by wells would drop to a level which would not support existing land uses or' planned uses for' which permits have been granted)? Result in a potentially signi5cant adverse impact on groundwaterquality2 c) Substantially alter the existing drainage pattern of the ^ ^ site or azea, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or ofF site? d) Substantially alter the existing drainage pattern of the ^ ^ site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface [unoff in a manner which would result in flooding on- or off-site, or place structures within a 100-year flood hazard azea which would impede or red'uect flood flows? e) Expose people or structures to a significant risk of loss, ^ ^ injury or death involving flooding, including flooding as a result of the failure of a levee or dam? f) Create or conhibute runoff water, which would exceed ^ ^ the capacity of existing or planned stocmwater drainage systems or provide substantial additional sources of pol]uted runoff? Comments• Less Ihan Nn Significant Impact Impact (a-f) A Water Quality Iechnical Report dated June 19, 2012 was prepared by Callu Engineering for the Project.. the recommendations of this repot have been incorporated into the Project design, including Best Management Practices (BMP) features such as grass-lined or gravel-lined Ships, grass-lined swales, raised planters, and bio-retention Swales. the Otay River, located approx 0..67 miles to the south of the Project site, is not a 303(d) listed impaired water body, nor is it listed on the "2006 CWA Section 303(d) List of Water Quality Limited Segments requiring IMpLS. the project will not significantly impact or alter the groundwater quality or recharge. the project does not pose any potential for flooding because there is no 100-year floodplain on the site or the vicinity, and drainage patterns in the vicinity will not be altered. Storm water discharge was addressed and the report concludes that overall hydrologic and hydraulic conditions will be maintained, and the project does not adversely affect downstream drainage facilities, The potential discharge of silt during grading activities will be addressed by identifying appropriate erosion control measures including temporary construction BMPs in conjunction with the preparation of final i;zading plans, and applying them prior to commencement of grading. Ihus, the Project would not impact adjacent properties or the downstream storm drain system. 11 10-48 Less 1 han /~ Potentially Significant Less Than ~ 1~$rr eS: Signifcant with Significant Impact Impact Mitigation Impact incor pora[ed IY.. LAND U3E AND PLAr~rNING. Would the pr of ect: a) Physically divide an established community? ^ ^ ^ ~ b) Conflict with any applicable land use plan, policy, or ^ ^ ^ regulation o#' an agency with jurisdiction over the project (including, but not limited to the general plan, _ - specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan ^ ^ ^ or natural community conservation plan? Comments• a) the project site is surrounded with single- and multi-family residential land uses.. The proposed residential infill project would be consistent with the Chula Vista General Plan and character of the immediate surrounding residential area.. the project would not disrupt or divide an established community; therefore, no significant land use impact would occur as a result of the project. b) Fhe project site is located within the RI (Single-Family Residential) Zones and RLM (Low-Medium Density) General Plan land use designation The project is required to rezone the existing parcel to R- I-S-P and be in compliance with the respective zoning, the project has been found to be consistent with the General Plan guidelines and regulations, therefore; no significant land use impacts are anticipated. c) the project does not conflict with the City's MSCP because any potentizl short-term construction noise/raptor nesting impacts are addressed in the Mitigated Negative Declaration, Section, under Biological Resowces. Mitigation: For a) and b), no mitigation is required. For c) referto the biological/resource section be]ow.. 12 10-49 Less Ihan Potentially Slgaificant Less Than Vo I99n BS: SigniFcant With Signincanl Impact Impact Mitigation Impact Incorporated Y. MINERAL RESOURCES.. \~outd the project: a) Result in the loss of availability of a known mineral ^ ^ ^ ~ resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important ^ ^ ^ mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: a) the project site has been previously disunbed and developed with residential structures which have already been demolished. The proposed project would not result in the loss of availability of a known mineral resource of value to the region or the residents of the Stafe of California. b) the State of California Department of Conservation has not desi~ated the project site for mineral resource protection. Iherefore, no impacts to mineral resources aze anticipated as a result of the proposed project. Mitigation• No mitigation measures are required. XI. NOISE. Would the prof ect result in: a) Esposrrre,of persons to or generation of noise levels in ^ ^ ^ excess of standazds established in the local general plan or noise ordinance, or applicable standazds of other agencies? b} Exposure of persons to or generation of excessive ^ ^ ^ ~ I groundborne vibration or groundbotne noise levels? I c) A substantial permanent increase in ambient noise ^ ~ ^ ^ levels in the project vicinity above levels existing without the project? ti 10-50 Less Than Po[enTially Significant Less Than No ISSUeS: Significant with Significant Impact Impact b'litleation Impact Incorporated d) A substantial temporary or periodic increase in ambient ^ ^ ^ noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, ^ ^ ^ ~ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airship, would the project expose people residing or working in ^ ^ ^ the project azea to excessive noise levels? Comments: a and c) See Mitigated Negative Declazation, Section E.. b) Vibration levels are less than 0 2 in/sec ppv. Iherefore, there would be no significant vibration related impacts. e-f) the project is not located within an auport land use plan or within two miles of a public airport, nor is it located within the vicinity of a private airship. Iherefore, the project development would not expose people residing or working in the project area to excessive noise levels. Mitisation: the mitigation measures contained in Section f of the Mitigated Negative Declaration would mitigate potentially signifcant Noise impacts to a level of less than significance. XIL. POPULATION AND HOUSING. R'ould the project a) Induce substantial population growth in an area, either ^ directly (for example, by proposing new homes and businesses) or induecUy (for example, through extension of road or other infiastruchire)? 14 ^ ^ ~ 10-51 Less Ihan Potentially Sigvificavi ISSU CS' Significant Wi[h Impact Mitigation Incorporated b) Displace substantial numbers of existing housing, ^ ^ necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating ^ ^ the construction of replacement housing elsewhere? Comments Less Than ~u Sigvi Ficant ]mpect Impact (a-c) The project is vacant and surrounded by existing residential development and does not involve the removal of existing housing units or residents. the proposed project does not involve the extension of public facilities that would induce substantial growth. Futwe residential development of the site for the proposed 16 single-family residential units is consistent with the General Plan and would not exceed the regional or local population projections, The proposed project would involve the rezoning of the site from R-1-7P to R-1-SP Zone, which is consistent with the RLM General Plan designation of the site, which would be similaz to the existing adjacent single and multi-family residential properties to the north, south and east.. The proposed projectwould not involve displacement of existing housing or individuals. Mitigation- No mitigation measures are required.. XIIL. PUBLIC SERVICES. Would the project Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services: a, Fire protection? ^ ^ ^ ~9 b. Police protection? ^ ^ ^ ~ c.. Schools? ^ ^ ^ ~ d. Parks? ^ ^ ^ l~ e, Other public facilities? ^ ^ ^ 15 10-52 Issues: Comments- Less Ihan Potentially Significant Significant with Impact Mifigation Incorporated Less Ihan Nn Significant Impact Impact a) According to the Fire Depaztment, adequate fire protection services can continue to be provided to the site, without physical impacts related to the provision of any new or physically altered governmental facilities.. The site is not located adjacent to a fire station. The applicant will be required to comply with the Fire Department policies for fine hydrant placement, fire flow, fete tuck access and new building construction. the City's F ire performance objectives and thresholds wilt continue to be met.. b) According to The Chula Vista Police Department, adequate police protection services can continue to be provided upon completion ofthe proposed project, without physical impacts related to the provision of any new or physically altered governmental facilities, the site is not located adjacent to a police station. the proposed project would not result in a need for substantial new or altered police protection services. the City's Police performance objectives and thuesholds will continue to be met. c) the proposed project is a 16 unit single-family development that would generate approximately 53 total residents, including 7 elementary school age children, 2 middle-school age children, and 3 high school age children. the site is not Located adjacent to any schools. According to State I,aw, the applicant would be required to pay the statutory buIlding permit school fees to the Chula Vista Elementary School District and the Sweetwater Union High School Districts, for the proposed residential constmetion, which would mitigate any impacts caused by the project.. Therefore, no significant adverse physical impacts associated with the provision of new or physically altered public school facilities would result.. d) the applicant shall be required to pay Park Acquisition and Development Fees (PAD) in accordance with Chula Vista Municipal Code Chapter 17..30, Pazklands and Public Facilities, which would ensure that the project's share of the cost of pz'ovision of pazkland and facilities would be provided Therefore, no significant adverse physical impacts resulting from provision of pazk facilities would result.. e) the proposed project would not have a significant effect upon or result in a need for new or expanded governmental services and would continue to be served by existing public infrastructure. Mitigation: No mitigation measures are required, XIV. F:ECFEATION. Would the project: a) Increase the use of existing neighborhood and ^ ^ ~ ^ regional pazks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ^ ^ ^ requue the construction or expansion of recreational facilities, which have an adverse physical effect on the environment? 16 10-53 Less Than Potentially Signi£cant Less Ihan Vo IS$n ES' Signincant with SieniScant Impact impact Mitigation Impact [ncm~por ated Comments: a) the proposed project would not induce significazrt population ~owth, as it is a small residential infill project and would not impact existing or proposed recreational facilities, However, the applicant tivil] be required to pay Pazk Acquisition and Development Fees (PAD) in accordance with Chula Vista Municipal Code Chapter 17.10, Parklands and Public Facilities. Ihus no, substantial physical deterioration of recreation facilities would occur or be accelerated. b) the project does not include the construction or expansion of recreational facilities.. I'he project site is not planned for any future parks and recreation facilities or programs. Iherefore, the proposed project would not have an adverse physical effect on the recreational environment.. Mitigation: No mitigation measures are required, XV.. TRAA'SPORTATION/TRAk'kTC,. Would the project: a) Cause art increase in traffic, which is substantial in ^ ^ ^ ~ t'elation to the existing traffic load and capacity of the sheet system (i.e., result in a substantial increase in either the number of vehicle hips, the volume to capacity ratio onsoads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ^ ^ ^ ~ service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in au traffic patterns, including ^ ^ ^ ~ either an increase in traffic levels or a change in locatioa that results in substantial safety risks? d) Substantially increase hazards due to a design feature ^ ^ ^ (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ^ ^ ^ 17 10-54 Lcss Ihan Yo[cnfially ISS U2S: Significant Impact Significant with Mitigation Less Ihan $ignirican[ rn Impact Impact f) Result in inadequate parking capacity? ^ Incorporated ^ ^ ~ g} Conflict with adopted policies, plans, or progtarrms ^ ^ ^ ~ supporting alternative transportation (e g., bus turnouts, bicycle racks)? Comments• a,b,d,e): According to the Traffic Engineering Divisipn, in their memorandum dated February 28, 2012, the proposed residential infill project is not anticipated to result in any significant traffic, circulation or emergency access impacts.. the current Average Daily Auto hips (ADI) along the primary Circulation Element access road to the site, Hilltop Avenue, is 5,129 auto trips per day.. the forecasted traffic levels are expected to increase in the future to 6,000-8,000 ADI in 2020 and 8,000-10,000 ADI in 2030 (as projected by SANDAL Series 11). the proposed residential project (16 Single-Family Residences) will generate approximately ] 60 ADIs, the project-generated trips are almost negligible and will not exceed the level of'service standazd established by the county congestion management agency for designated roads or highways. Therefore, due to the minimal traffic increase, the project will not create significant traffic operations impacts along Hilltop Drive and Iamarindo Way and suu'ounding residential or collector streets, c) the proposal would not have any significant effect upon any air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. f) the proposal includes garage spaces in accordance with the Chula Vista Zoning Code, and pazking on the proposed public street. The proposal meets ADA requirements for accessibility and parking. g) Currently, there is a bus route on Hilltop Drive and another bus route along Orange Avenue. Ihere are existing bus stops located near the intersection of Hilltop and Orange for each of the bus routes. the proposal would not conflict with adopted transportation plans or alternative hansportation programs. Mitigation: No mitigation measures are required.. 1'VI.. LI'TII.I'TIES Al~~ SERVICE SYSTEMS. Would the project: 1S 10-55 Less I han Potentially Significant Less Phan Yu ISSlleS' Significa nl YY'i[h Significant Impact Impact Mitigation Impact Incorporated a} Exceed wastewater treatment requirements of the ^ ^ ^ applicable Regional Water Quality Control Board? b) Require or result in the constuction of new water or ^ ^ ^ ~ wastewater h~eannent facilities or expansion of existing '~, facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm ^ ^ ^ ^ water drainage facilities or expansion of existing facilities, the construction of which could cause sigtrificant environmental effects? d) Have sufficient water supplies available to serve the ^ ^ ^ project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ^ ^ ^ ~ provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted ^ ^ ^ )» capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and ^ ^ ^ regulations related to solid waste? 19 10-56 Less Ihan Yotemially Significant Less Ihan TSSneS' Significant ~Vi[h Signifcant iVo Impact Mitigation Impact Impact Inco rpoc ated Comments: a) The project site is located within an urban area that is served by all necessary utilities and service systems.. According [o the Engineering Department, wastewater improvemen*s will be required concurrent with project consnuction, and the requirements of the Regional Water Quality Connol Board will not be exceeded as a result of the proposed project. b) According to Sweerivater Authority correspondence dated April 6, 2012, there are existing 8-inch water mains located on the east side of Hilltop Drive, and on the north side of~ Iamar indo Way, with one existing I-inch water service lateral to the site. The Sewer Report for the Project dated March 30,2012, prepazed by Callu Engineering, states the Applicant will be requved to construct sewer laterals serving each proposed home. The report concludes that the impact of the Project to the existing 8-inch sewer lines on Tamarindo Way would be insignificant, and the existing off-site sewage treatment facilities are adequate to serve [he project. According to Sweetwater Authority correspondence dated April 6, 2012, there are existing 8-inch water mains located on the east side of Hilltop Drive, and on the north side of Tamarindo Way, with one existing 1-inch water service lateral to the site. Adequate water storage facilities exist to serve the project. Because the water facility improvements would be designed in accordance with Sweetwater Authority standazds, no significant impacts to existing facility systems will occur as a result of the proposed project. c) According to the Drainage Report for the Project dated June 19, 2012, prepared by Callu Engineering, the proposed project will result in the construction of new storm water drainage facilities, including a concrete ditch and sidewalk under-drain. Installation of these improvements, in conjunction with the proposed water quality BMP's such as grass-lined or gzavel-lined strips, grass-lined swales, raised planters, and bio-retention basins serving each lot, wii] result in a reduction of storm water flow. The proposed project is subject to the NPDES General Construction Permit requirements and shall obtain permit coverage and develop a Storm Water Pollution Prevention Plan (SWPPP) prior to issuance of grading permits In addition, the project shall be conditioned to implement construction and post-construction water quality Best Management Practices (BMPs) for storm water pollution prevention in accordance with the Chula Vista Standazd Urban Storm Water Mitigation Plan (SUSMP). No significant impacts to the City's storm drainage facilities are anticipated as a result ofthe proposed project d} The project site is within the potable water service area of the Sweetwater District. Pursuant to correspondence from the Sweetwater Authority, dated April 6, 2012, there are existing 8-inch water mains is located on the east side of'Hilltop Drive, and on the north side of Tamarindo Way, with one existing !- inch water service lateral to the site. Afire flow of 1,500 gallons per minute fire flow at 20 psi pressure for a two hour duration, is required by the Chula Vista Fire Department if the Applicant provides the required fine flow information and enters into an agreement for water facility improvements with the Sweetwater Authority, water service can be obtained. As the water facility improvements would be designed in accordance with water authority standazds, no significant impacts to existing facility systems will occur as a result of the proposed project. e) According to the Sewer Report for the Ptojec[ dated March 3Q 20I2, prepared by Callu Engineering, the project site is within the boundaries of the City of Chula Vista wastewater services area. The existing sewer facility system includes 8-inch sewer lines along 8-inch sewer lines on Tamarindo Way. the applicant shall be required to submit a final sewer report and plan showLng compliance with the City's Sewer Design Criteria, to the satisfaction of the City Engineer No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result ofthe proposed project. f g) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste needs of the region in accordance with State law. The proposal would be conditioned to comply with federal, state and Inca] regulations related fo solid waste.. Mitigation: No mitieation measures are required. 20 10-57 Less Ihan Putentiany Significant Less Ilan TSSlleS' Significant with Significant i\o Impact i`ditigation Impact Impact Incorporated XVH. TFHZESHOLDS 4Vi11 the proposal adversely impact the City's Threshold Standards? A) Library ~ ~ ~ ~ the City shall conshuct 60,000 gross square feet (GSF) of additional library space, over the June .30, 2000 GSF total, in the area east of Interstate 805 by buildout.. The construction of~ said facilities shall be phased such that the City will not fall below the city- wide ratio of 500 GSF per 1,000 population. Librazy facilities are to be adequately equipped and staffed. B)Police ~ ~ ~ a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of"Priority One" emergency calls within seven (7) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less, b) Respond to 57 percent of "Priority Two" w'gent calls within seven (7) minutes and maintain an average response time to all "Priority Iivo" calls of 7..5 minutes or' less. C) Fire and Emergency Medical ~ ~ ~ Emergency response: Properly equipped and staffed fire and medical units shall respond to calls $u'oughout the City withia 7 minutes in 80% ofthe cases (measured annually).. D) Iraffc ~ ~ ~ ~ the Thueshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hour's of the day at signalized intersections. Signalized intersections west of I-805 are not to operate at a LOS below thee' 1991 LOS.. No intersection may reach LOS "E" or "F" during the average weekday peak hour Intersections of arterials with fieeway ramps are exempted from this Standard. 21 10-58 Less Ihan Potentially Significant Less Ihan ~O ISSUeS' Significant with Significant Impact Impact Mitigation Impact Incorporated E) Parks and Recreation Areas ^ ^ ^ The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities/1,000 population east of I-SOS F}Drainage ^ ^ ® ^ the Ihr'eshold Standazds require that storm water flows and volumes not exceed City Engineering Standards., Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. G) Sewer ^ ^ ® ^ the Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards.. Individual projects will provide necessazy improvements consistent with Sewer Master Plans} and City Engineering Standards. H) Water ^ ^ ® ^ I'he Ihreshold Standazds require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during gowth and construction. Applicants may also be required to participate in whatever water conservation or fee offset pro~am the City of Chula Vista has in effect at the time of building permit issuance.. ?? 10-59 Issues: Comments: Less I hxn Potentially Significant Significant With Impact Mitigation Incorporated Less Ihan Vo Significant Impact Impact a) the project would not induce substantial population growth; therefore, no impacts to library facilities would result. No adverse impact to the City's Library Iht'eshold standards would occur as a result of the proposed project. b) According to the Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. I1te proposed project would not Lave a significant effect upon or result in a need for substantial new or altered police protection services No adverse impact to the City's Police Ihreshold standards would occur as a result of the proposed project. c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be provided to the project site. Although the Fire Depatment has indicated they will provide service to the project, the project will connibu[e to the incremental increase in fire service demand tlunugJrout the City. Phis increased demand on fine services will not result in a significant cumulative impact No adverse impact to [he City's Fire and Emergency Medical Threshold standards would occur' as a result of the proposed project. d) According to the Traffic Engineering Division, the surrounding sneer segments and intersections including the intersection of Hi]$op Avenue and Tamarutdo Way will continue to operate at the same Level of Service in compliance with the City's traffic threshold standard with the proposed project tratHc. No adverse impact to the City's traffic threshold standards would occur as a result of the proposed project. e) The proposed project would not induce significant population growth, as it is a small residential irifill project and would not impact existing or proposed recreational facilities. However, the applicant shall be required to pay Pails Acquisition and Development F ees (PAD) in accordance with Chapter 17..10 of the CVMC. f) Based upon the review of the project, the Land Development Division has determined that there are no significant issues regarding the ptnposed drainage improvements of the project site. the proposed drain system includes a concrete ditch, sidewallc under-drain, and curb and gutter improvements to handle 2, 10, 50 and 100-yeaz~ storm events.. No adverse impacts fo the City's drainage threshold standards will occur as a result of the proposed project g) According to the Sewer Report for the Project dated Match 30;2012, prepared by Callu Engineering, the project site is within tLe boundaries of the City of Chula Vista wastewater services az~ea. The existing sewer facility system includes 8-inch sewer lines alone S-inch sewer lines on Iamazindo Way. the applicant shall be required to submit a final sewer report and plan showing compliance with the City's Sewer Design Criteria; to the satisfaction of the City Engineer. No adverse impacts to the City's sewer-system or City's sewer theshold standards will occur as a result of the proposed project. h) the project site is within the potable water service area of the Sweetwater Authority. Puisuant to thew correspondence dated April 6, 2012, there are existing 8-inch water mains is located on the east side of Hilltop Drive, and on the north side of Iamarindo Way, with one existing 1-inch water service lateral to the site. No significant impacts to existing facility systems or the City's water threshold standards will occur as a result ofthe proposed project. the Project Landscape plans must also comply with the City's Landscape Water Conservation Ordinance, and the Developer will provide future owners with a copy of the Landscape Water Conservation Checklist . Mitigation: No mitieation measures are required 23 ~~-60 Less Than Potentially Significant Less Khan fSSa eS: Significant wltil SigniHcan[ 10 Impact D4itigation Impact Impact Incorporated 1VIII. MANDATORY FL'SiDINGS OF SIGNIFICANCE a) Does the project have the potential to degade the ^ ~ ^ ^ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that aze individually ^ ^ ® ^ limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project az'e considerable whey viewed in connection with the effects of pas[ projects, the effects of other current project, and the effects of probable future projects..) c) Does the project have envh~onmentat effects, which ^ ® ^ ^ will cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) See Mitigated Negative Declaration, Section F. Impacts to 0 2 acres of coastal sage scrub, 1.1 acres of nonnative gassland, and 0 9 acres of disturbed/ornamental habitat are anticipated.. Also; potential short- term construction raptor nesting impacts are addressed in the Mitigated Negative Declaration, Section F, under Biological Resozmees b) The project site is a small infill residential development project on a site that has been previously used for single-family residential development. No cumulative considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future projects have been identified.. c) See Mitigated Negative Declazation, Section F. Potential impacts to humans associated with afr quality, biological resources, cultural (paleontological) resources, geology and soils, hazard and hazazdous materials, and noise would be mitigated to below a level of'sigruficance. Mifiga6on: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to a level ofless than significance. 24 ~~-6~ XLX. PROJECI REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table 1, Mitigation Monitoring and Reporting Proeram, of Mitigated Negative Declaration IS-12-O] . XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant andlor ProperTy Owner stipulate that they have each read, understood and have thew respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Director of Development Services. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Property Owner's desire that the Project be held in abeyance without approval and that the Applicant and/or Property Owner shall apply for an Environmental Impact Report. ~~~ ~ ~a blo ~a~~s~~.~ me~nx~e~- Printed Name and Title of Applicant (or authorized re r ntative) ~~yy /~ ~'O~~ C/v~~' Signature of Applicant Date (or authorized representative) Printed Name and Title of Property Owner (if different from Applicant) Signature of Property Owner Date (if different fiom Applicant) 25 10-62 YXL. EWIRONME\TAL FACTORS POTENTIALLY AFFECTED: the environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potcntially Significant Unless Mitigated," as indicated by the checklist on the previous pages. ^ Land Use and Planning ^ Population and Housing Geology and Soils ^ AgricukuralResotuces ^ Hydrology/Water Au Quality/Greenhouse Gas ^ transportation/"Traffic Biological Resources ^ Energy and Mineral Resources Hazards and hazardous Materials Noise ^ Mandatory Findings of Significance ^ Public Services ^ Utilities and Service Systems ^ Aesthetics Cultural Resources (Paleontological Resources) ^ Remeation 26 10-63 XXII. DEIE12D4INATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the environment, ^ and a Negative Declaration will be preparazed, I find that although the proposed project could have a significant effect on the ~ environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent.. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, and ^ an Environmental Impact Report is required.. I find that the proposed project may have a "potentially significant impacP' or "potential]y ^ significant unless mitigated" impact on the environment, but at least one effect: 1}has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. l find that although the proposed project could have a significant effect on the environment, ^ because all potentially significant effects (a) have been analyzed adequately in an ealier EIR of Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EII2 or Negative Declaraton, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. g ,Z~ /z AICP Date of Chula V ista 27 10-64 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-2-O1, AND APPROVING A TENTATIVE MAP TO SUBDIVIDE 2.32-ACRES LOCATED AT 35 TAMARINDO WAY INTO 16 SINGLE-FAMILY RESIDENTIAL LOTS, SUBJECT TO THE CONDITIONS CONTAINED HEREIN FOR THE 35 TAMARINDO WAY PROJECT. L RECITALS WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description consists of 2.32 acres located at 35 Tamarindo Way, as identified in County Assessor Records as APN 623-250-09-00, ("Project Site"); and WHEREAS, on January 26, 2012, duly verified applications requesting approval of a Rezone (PCZ-12-O1), Precise Plan (PCM-12-02) and Tentative Subdivision Map (PCS-12- O1, Chula Vista Tract No. 12-01), and Initial Study (IS-12-O1), were filed with the City of Chula Vista Development Services Department by 35 Tamarindo LLC ("Applicant" and "Owner"); and WHEREAS, said Applicant requests approval of a Precise Plan and Tentative Map to subdivide 2.33 acres into 16 single family residential lots ("Project") on said Project Site; and WHEREAS, said Applicant requests a rezone of the property from the R-I-7P Single Family Residential zone to the R-1-SP Single Family Residential zone, with a Precise Plan Modifying District on the Project Site; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-12-O1 in accordance with the California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the Director of Development Services has determined that the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Director of Development Services has prepazed a Mitigated Negative Declaration, IS-12-O1. WHEREAS, a hearing time and place was set by the Planning Commission for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and 10-65 Resolution No. 2012- Page 2 WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 14, 2012; the Planning Commission took public testimony; heard staffs' presentation; and reviewed and considered the Mitigated Negative Declaration (IS-12-O1) and associated Mitigation Monitoring and Reporting Program, along with the applications for a Rezone (PCZ-12-O1), a Precise Plan (PCM-12-02) and Tentative Map (PCS-12-O1); and WHEREAS, following staff s presentation and hearing of public comments, the Planning Commission considered all evidence and testimony presented and voted 6-0-0 to recommend that the City of Chula Vista City Council adopt Mitigated Negative Declaration IS-12-O1 and the associated Mitigation Monitoring and Reporting Program and approve the Rezone (PCZ- 12-01), and Precise Plan (PCM-12-02), and the Tentative Map (PCS-12-O1) in accordance with the findings and subject to the conditions contained in this resolution; and WHEREAS, following the Planning Commission's public hearing on the Project, a hearing time and place was set by the City Council 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 within 500 feet of the exterior boundary of the Project, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on December 4, 2012 in the Council Chambers, 276 Fourth Avenue, at 2:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; WHEREAS, the City Council of the City of Chula Vista reviewed and considered the Mitigated Negative. Declaration (MND IS-12-O1) and associated Mitigation Monitoring and Reporting Program (MMRP), Rezone (PCZ-12-O1), Precise Plan (PCM-12-02), and Tentative Map (PCS-12-O1); and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD Record of the proceedings of the Planning Commission at their public hearing on November 14, 2012, including their vote upon Planning Commission Resolution recommending approval, along with any relevant comments, have been provided to the City Council and are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. III. WAIVER OF PUBLIC FACILITIES FINANCING PLAN Pursuant to CVMC 19.09.050, the City Council hereby finds that the requirement for a Public Facilities Financing Plan is hereby waived because the project is infill development located in a developed portion of the City where adequate public facilities 10-66 Resolution No. 2012- Page 3 III. WAIVER OF PUBLIC FACILITIES FINANCING PLAN Pursuant to CVMC 19.09.050, the City Council hereby finds that the requirement for a Public Facilities Financing Plan is hereby waived because the project is infill development located in a developed portion of the City where adequate public facilities exist or will be provided concurrent with development of the project site, therefore there are no public service, facility or phasing needs that warrant the preparation of a Public Facilities Financing Plan. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for the 35 Tamarindo Way Project, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use and Circulation The General Plan land use designation is Low Medium Residential (3-6 dwelling units per acre). The proposed 16-lot subdivision will be developed at a density of 6 dwelling units per acre, which is within the allowable density and permitted number of dwelling units. Project-related traffic generation has been analyzed and will not adversely affect the road segments and intersections in the surrounding area, such as Hilltop Drive and Orange Avenue. The Project has direct frontage on Tamarindo Way and Hilltop Drive, which are both public streets. These streets, as well as the other off-site public streets required to serve this subdivision already exist. Tamarindo Way and Hilltop Drive will be improved by the Applicant in accordance with the conditions of approval, to provide public street and landscape improvements in compliance with City design standards and requirements. Projects proposed for the western Chula Vista azea are also required to pay the Western Transportation Development Impact fee prior to building permit issuance, to pay their share of costs associated with future road construction and maintenance in the area. 2. Economic Develonment The Project will provide new, high-quality, energy-efficient single-family homes that will enhance the image and appearance of the neighborhood, and create jobs related to construction of the homes that will benefit the local economy. Approval of the Project will help achieve of the General Plan objectives that seek to promote a variety of job and housing opportunities to improve the City's jobs/housing balance, provide a diverse economic base, and encourage the growth of small businesses. 3. Public Facilities and Services The Project site is located in the attendance area of the Otay Elementary School, within the boundaries of the Chula Vista Elementary School District. The Project is also within the attendance area of Castle Park Junior High School and Castle Park High School, within the Sweetwater Union High School District. Both school districts 10-67 Resolution No. 2012- Page 4 responded that they would be able to accommodate the additional students generated by the Project, and that the schools would not be adversely impacted by the approval of the Project. The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing sewer facility system includes 8-inch sewer lines along 35 Tamarindo Way. New sewer lateral aze proposed to service the individual lots. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the proposed project. The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets those standards. The proposed project would not induce significant population growth, as it is a small residential infill project and would not impact existing or proposed park and recreational facilities: The Project has been conditioned to pay park acquisition and development fees prior to issuance of building permits. Project construction will be required to comply with the 2010 California Green Building Standards, the City's Green Building Standards and the City's Energy Efficiency Ordinance, and therefore energy-efficient homes will be developed. 4. Housin The Project is consistent with the density prescribed within the Residential Low- Medium General Plan designation, and will provide additional opportunities for high- quality, market-rate single-family residential home ownership in the southwestern portion of the City. 5. Growth Management The Project is in compliance with applicable Growth Management Element requirements because it is an infill project that will be served by existing public infrastructure. There are no public service, facility, or phasing needs that warrant the preparation of a Public Facilities Financing Plan. 6. Environmental The project proposes individual single-family homes that meet the minimum open space requirement per the Chula Vista Municipal Code. The Development Services Director has prepared a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-12-O1, in compliance with the California Environmental Quality Act, and finds that the development of the site to be consistent with the goals and policies of the Conservation Element. The Project has been reviewed for compliance with the Noise Element, a noise study has been prepared by the applicant, which has determined that the project as conditioned will comply with applicable noise measures at the time of issuance of the building permit. The Project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private yard areas. 10-68 Resolution No. 2012- Page 5 A Geotechnical report has been prepazed for the Project, which has determined that the site is not within or near a mapped earthquake fault zone, and there are no known or suspected seismic hazards associated with the Project site. Conditions of approval have been included which require that a detailed soils report and geo-technical study be prepazed prior to approval of grading plans, and that foundation plans be reviewed in conjunction with building permits. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development because it is graded, level, and vacant, was previously developed with one single-family residence, and is surrounded by existing public streets and residential development. As conditioned, the Project conforms to all standards established by the City for a residential development. V. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, .dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will baz any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similaz application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VI. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 12-01, located at 35 Tamazindo Way. 10-69 Resolution No. 2012- Page 6 VII. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Applicant, Owner or Successor-in-Interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified: GENERAL/ PLANNING AND BUILDING 1. The Project shall comply with the City of Chula Vista Standard Tentative Map Conditions, described in Section 5 of the City Subdivision Manual, as approved and amended from time to time, to the satisfaction of the Director of Development Services and City Engineer. 2. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account No. DQ1686. 3. The Applicant shall implement, to the satisfaction of the Director of Development Services and the City Engineer, the mitigation measures identified in the Mitigated Negative Declazation (IS-12-O1) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project, within the timeframe specified in the MMRP. 4. Prior to issuance of the first building permit for the Project, the Applicant shall comply with applicable provisions of Municipal Code Section 8.24 -Solid Waste and Litter, and Section 8.25 -Recycling, related to single-family residential development projects, to the satisfaction of the Deparhnent of Public Works, Environmental Services Division. These requirements include, but aze not limited to the following: • The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. • The Applicant shall design each individual lot or residence to accommodate the storage and curbside pickup of individual trash, recycling and green waste containers (3 total), as approved for asmall-quantity generator (single family residential use). • The Applicant shall comply with applicable provisions of the City's Construction and Demolition Recycling Ordinance, including submittal of a Waste Management Report per CVMC 8.25.095.B, to the Environmental Services Division. 5. Applicant shall obtain approval of street addresses to the satisfaction of the Director of Development Services. 6. The Applicant shall submit and obtain approval of detailed Landscape Improvement Plans in accordance with the City Landscape Manual, and the Water Conservation Ordinance, prior to the issuance of applicable permits or other discretionary approval. 10-70 Resolution No. 2012- Page 7 Landscape Plans shall be prepared by a registered Landscape Architect and shall be consistent with the Concept Landscape Plan approved in conjunction with the Precise Plan. 7. The Applicant shall submit grading or improvement plans showing the following: • The maximum gradient within the rear yard area of any lot shall not exceed 4:1 (25%) slope. • The maximum gradient of the driveways serving garages shall not exceed 14%. • The distance between curb cuts along Tamarindo Way serving adjoining driveways shall be minimized to 6 feet between the Hazes, to maximize the available on-street parking area. FIRE DEPARTMENT: The Applicant shall satisfy the following conditions prior to issuance of the first building permit for the project: 8. This project will require a fire flow of 1,500 gallons per minute fora 2-hour duration (at 20 psi). 9. Provide a water flow letter from the applicable water agency having jurisdiction indicating that the above mentioned fire flow is available to serve this project. 10. The building(s) shall be addressed in accordance with the following criteria: • 0 - 50 fr. from the building to the face of the curb = 6-inches in height with a f- inch stroke 11. Single-family homes constructed for the Project shall be equipped with life-saving fire sprinkler systems, pursuant to the State of California's building code changes adopted January 1, 2011 12. Provide the following note on plans: Automatic Sprinkler system plans are a deferred submittal. Submit to the Chula Vista Fire Department Prevention Division. 276 Fourth Avenue Building 300. GENERAL COMMENTS AND FEES: 13. The following fees are payable prior to issuance of building permits, based on the Final Building Plans submitted: • Sewer Connection and Capacity Fees • Traffic Signal Fees • Public Facilities Development Impact Fees (PFDIF) • Western Transportation Development Impact Fees (WTDIF) 10-71 Resolution No. 2012- Page 8 14. Additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule will be required for the submittal of the following items: • Grading Plans • Street Improvement Plans • Final Map 15. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is required prior to the issuance of the first Building Permit in accordance with CVMC 17.10. 100, The current PAD fee for West Chula Vista Projects is $9,978 for each Single Family Residential dwelling. The PAD fee is adjusted on an annual basis on October 1 based on the Engineer Construction Cost Index. The payment of PAD fee amount in place at the time of the recording of the Final Map is required. The PAD fee for the project at this time is $159,648 (16 @ $9,978/unit). ACCESS AND DRIVEWAYS: The following conditions shall be satisfied prior to issuance of the improvements plans for the project: 16. All driveways shall conform to the City of Chula Vista's sight distance requirements in accordance with Section 18.16.220 of the Municipal Code. Also, landscaping, street furniture, or signs shall not obstruct the visibility of driver at the street intersections or driveways. 17. Driveway curb opening shall be a minimum of eight feet from any point of curb return, and three feet from any obstruction. GRADING AND DRAINAGE: The following conditions shall be satisfied prior to issuance of the grading plan for the project: 18. Developer must obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with Municipal Code Title 15.05. Developer shall submit Grading Plans in conformance with the City's Subdivision Manual and the City's Development Storm Water Manual requirements, including, but not limited to the following: • Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. • Drainage Study and Geotechnical/Soils Investigations are required with the first submittal of Grading Plans. The Drainage Study shall calculate the Pre- Development and Post-Development flows and show how downstream properties and storm drain facilities are impacted. Design shall incorporate detention of 10-72 Resolution No. 2012- Page 9 storm water runoff if Post-Development flows exceed Pre-Development flows; analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency storms. Drainage study shall also demonstrate that no property damage will occur during the 100-yeaz storm event. All onsite drainage facilities shall be private. Any off-site work will require Letters of Permission from the property owner(s). 19. Provide two copies of the following technical reports with the first submittal of grading plans: • Drainage study • Water Quality Technical Report (WQTR) • Geotechnical Report 20. Retaining Walls: • All retaining walls shall be noted on the grading plans and include a detailed wall profile. • Structural wall calculations are required if walls are not built per San Diego Regional Standard Drawings, or City of Chula Vista Construction Standards CVCS-30 thru 40, and if fences are to be placed on top of retaining walls. • Retaining walls that will be part of a building wall must be approved as part of the building permit for the project. • Retaining walls around trash bin (if any) shall be noted on the grading plans and called out per standard. • Detail how retaining wall drains tie into the drainage system. STORM WATER MANAGEMENT: The following conditions shall be satisfied prior to issuance of the grading plan for the project: 21. 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, and any subsequent re-issuances thereof. 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 construction structural and non-structural pollution prevention measures. 22. A complete and accurate Notice-of-Intent (NOI) must be filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a NOI has been received for this project shall be filed with the City of Chula Vista when received. Further, a copy of the completed NOI from the SWRCB showing the Permit Number for this project shall be filed with the City of Chula Vista when received. 10-73 Resolution No. 2012- Page 10 23. Permanent storm water requirements, including site design, source control, and treatment control Best Management Practices (BMP's), all as shown in the approved WQTR, shall be incorporated into the project design, and shall be shown on the plans. Provide sizing calculations and specifications for each BMP's. Any structural and non-structural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. 24. Site design shall include features to meet NPDES Standards. These features shall maximize infiltration and minimize impervious land coverage while conveying storm water runoff. 25. Owner must enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private BMP's located within the project prior to issuance of any Grading or Building Permits, whichever occurs first. PUBLIC IMPROVEMENTS: The following conditions shall be satisfied prior to approval of the final map for the project: 26.Improvement Plans in conformance with the City's Subdivision Manual and a Construction Permit shall be required. The Improvement Plan shall include but not be limited to: • Removal and replacement of existing pedestrian ramp on the corner of Hilltop Drive and Tamarindo Way per Chula Vista Construction Standard CVCS-25. Current pedestrian ramp shall be replaced if it does not meet the City of Chula Vista Design Standards/ADA Standards, or if existing pedestrian ramp is cracked or broken. • Installation of curb, gutter, and sidewalk per SDRSD G-3 along the project's frontage. Sidewalk shall be designed and constructed with proper transitions to existing conditions. • Installation of 16 driveways meeting design standards as shown in Chula Vista standard detail CVCS-lA. Dedication of right of way as needed in order for driveway to comply with American Disability Act (ADA) requirements. • Installation of anLED-equivalent 100-watt street light, per the City Subdivision Manual requirements, shall be installed at the project property line along Tamarindo Way. The City Traffic Engineer shall approve street light location. • Sewer lateral and storm drain connections to existing public utilities. The Public Works Operations Section shall inspect any existing sewer laterals and connections that are to be used by the new development. Laterals and connections may need replacement as a result of this inspection. 10-74 Resolution No. 2012- Page 11 • Installation of 16 sewer laterals per SDRSD S-13. • Utilities trenching restoration per CVCS No. 3 and No. 4. 27. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 28. The construction and completion of all improvements and release requirements shall be secured in accordance with Section 18.16.220 of the Municipal Code. PRIVATE ONSITE IMPROVEMENTS: The following conditions shall be satisfied prior to issuance of the improvements plans for the project: 29. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City-maintained public facilities. MAPPING: 30. Per City of Chula Vista Standard Drawing CVD-ST-02, Hilltop Drive is classified as a Class I Collector with ahalf--width right-of--way of 44 feet. The Developer shall be required to dedicate the necessary right-of--way to meet the 44 feet width from centerline to property line along Hilltop Drive prior to obtaining a Construction Permit for the Street Improvements or a Building Permit for the site. A 2-foot dedication is required along Hilltop Drive. Developer shall submit street dedication documents prepared by a Registered Civil Engineer or licensed Land Surveyor. 31. Prior to the Improvement Plan or Building Permit approval, the Developer shall grant to the City of Chula Vista an 8-foot Landscape Buffer Area Easement along Hilltop Drive, per Chula Vista Design Standards CVD-ST-02 for a Class I Collector, and 5.5 foot Landscape Buffer Area Easement along Tamarindo Way per Chula Vista Design Standards CVD-ST-04 for a residential street. 32. Prior to Final Map, Grading and Street Improvement Plan approval, the owner/applicant shall submit duplicate copies of the Street Improvement Plan, Grading Plan, Final Map and Site Improvement Plan in digital format, such as (DXF) graphic file, on a CD or through e-mail based on California State Plane Coordinate System (NAD 83, Zone 6) in accordance with the City Guidelines for Digital Submittal. CC&R'S 33. The Applicant shall submit CC&R's as approved by the City Attorney to the City Engineer and Director of Development Services prior to approval of the Final Map. Said CC&R's shall comply with the Standard Tentative Map Conditions of Approval as described in the City Subdivision Manual. 10-75 Resolution No. 2012- Page 12 34. Said CC&R's shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the Final Parcel Map. CHULA VISTA MUNICIPAL CODE REQUIREMENTS BNGINEERINGI: The following conditions shall be satisfied prior to issuance of the improvements plans for the project: 35. Any private facilities (if applicable) within Public right-of--way or City easement will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. 36. All utilities serving the subject property and existing utilities located within or adjacent to the subject property shall be under grounded in accordance with the Chula Vista Municipal Code Section. Further, all new utilities serving the subject property shall be under grounded prior to the issuance of Building Permits. B. The following Conditions of Approval shall be satisfied prior to issuance of the first building permit for the Project, unless otherwise noted: 1. The Applicant shall submit and obtain approval of a Building Permit to the satisfaction of the City Building Official. The building permits shall comply with updated codes and requirements, including but not limited to the 2010 California Building Code (CBC) and Ca. Handicapped Accessibility requirements, 2010 California Mechanical Code, 2010 California Plumbing Code, 2010 California Electrical Code, California Fire Code, 2010 California Green Building Standards, and 2008 California Energy Code as adopted an amended by the State of California and City of Chula Vista, and the City of Chula Vista Increased Energy Efficiency Ordinance. 2. Applicant shall submit a detailed wall/fencing plan showing that all project walls and fences comply with the approved Precise Plan and applicable City of Chula Vista Municipal Code requirements. Plan shall indicate color, materials, height and location of freestanding walls, retaining walls, and fences to the Director of Development Services for approval prior to issuance of the first building permit. The wall plan shall also include details such as accurate dimensions, complete cross-sections showing required walls, adjacent grading, landscaping, and sidewalk improvements, and the location of adjacent residential structures. Materials and color used shall be compatible and all walls located in exterior side-yards or in front yards facing public streets and sidewalks shall be constructed of a decorative masonry. Any combination free standing/retaining walls shall not exceed nine feet in height. The Applicant shall submit a detail and/or cross-section of the maximum/minimum conditions for all "combination walls," which include retaining and free standing walls, as part of said wall plan. IX. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each 10-76 Resolution No. 2012- Page ] 3 read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the property owner and the Applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the City Clerk. Failure to record this document shall indicate the property owner and Applicant's desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No. Signature of Applicant Date Signature of Property Owner Date X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. XI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. 10-77 Resolution No. 2012- Page 14 Presented by: Gary Halbert, P.E., AICP Assistant City Manager/Director of Development Services 10-78 y i ~ \ ~ s i a, ~a r ';~~'ru~ ~ liil~r 1! ~ j3 qd_a~ <I -y I_ ~ ~ - ~~L~I ~ Il ~ ~J ~ ~~ ~. ~ I r ,~ {I z ~ _I ~~~1 rn NG AL's J 1-~~y ~~-C t ~ ~ r-- 3 i (\ ~ /' i ~~ I ~~-11 ~(F`---11fI 'I--~.~ I~-: 1~5(?-tjAA(l ~ ~ ~,` i ~~~: t.+«,_ s~~ _-L-;s-- I ~p` i ~~~~~r'i_~- i l__- Ci ~ ~~yLt~;~~ :-~ fF~-~ ~ ~! ~ `'TS17" 1 i;=!`-_-__t- ~ ~ ~-~ I'_ l~) I a-z s3ai y._y=~tL(~..jw_rm'i! ply I~~ i I I_r ~- i FROM R7JP fo R1-SP e ~.._ I ~^ ~ ; ~ 1 f ~~ = PROJECT : I i -~- --~> I i i I - i h r-I -i GESTIVr\L CTS T_ ~ ~ ___.~-as. - - ~-__- i_- ~ r~ ~ ~- a - i-~I i i j~~T J ~ f~~~r~ j. -,,, I ~ ~..,:.,~~I-I_c,~/r ~ ;~i ~.ti /DAY C?'~ !-_ I I ~_ ' / I 9 T-URMALINE ST ~ ~ I I ~ , ~. ~~ ~ ~ ~ ~ ~ ' ~ .f t ~~ - ~ n~ i I I I ~ I~ ~ i I~- ~ ~~'O I I I CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR Gdry WaHS APtt CAN PROJECTOESCRIPTION' Q T PROs_cr 35 Tamarindo Wa AOORE59. Y MISCELLANEOUS Project Summary: Proposed zone change from Rl-7P to Rt-5P. 9Cn1E PILE NUM9ER NORTH No Scale PCZ-12-Ot Rela!ed cases: PCM-72-o2 ~,~ace ~~I~,~P~~I~ ~emga,¢,LOCatws,P! Z,]G, al,nsz,a EXHIBIT A 10-79 ORDINANCE N0. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING (PCZ-12-O1) THE PARCEL LOCATED AT 35 TAMARINDO WAY FROM Rl-7P TO Rl-SP AND ADOPTING PRECISE PLAN STANDARDS (PCM-12-02) FOR THE PARCEL I. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" which is incorporated into the ordinance by-this reference, and for the purpose of general description consists of a 2.32-acre parcel located at 35 Tamarindo Way ("Project Site or Site"); and B. Project; Application for Discretionary Approval WHEREAS, on January 26, 2012, Rezone and Precise Plan applications were filed by Mr. J.P. Mariscal on behalf of 35 Tamarindo, LLC ("Property Owner/Applicant") with the Development Services Department of the City of Chula Vista requesting an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone the Project Site from the Rl-7P to Rl-SP zone and adopting the Precise Plan, as shown in Exhibit B and incorporated herein by reference, and development standards for the Project Site ("Project"), as shown in Exhibit C, incorporated herein by reference; and C. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 14, 2012 at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 6-0-0-0 to recommend that the City Council approve the rezone and Precise Plan Standards based on the findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on November 14, 2012, and the minutes and resolution resulting there from, are incorporated into the record of these proceedings; and D. City Council Record on Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of the hearing, together with its purposes given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the City Council held an advertised public hearing on the Project on December 4, 2012, at 2:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and 10-80 Ordinance Page 2 II. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: A. The rezone of the Project Site provided for herein is consistent with the City of Chula Vista General Plan, public necessity and convenience, and the general welfare and good zoning practice support the amendment to the Chula Vista Municipal Code. B. The City of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is amended to rezone the Project Site as depicted in Exhibit "A" from the Rl-7P Zone to the Rl-SP Zone, based on findings below, including Property Development Standards as represented in Exhibit C. C. Precise Plan Findings That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfaze of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The City Council finds that the proposed precise plan standards contained in attached Exhibit C will not have a negative impact on the surrounding neighborhood because the proposed standards allow the applicant to design a Project that is more compatible with the single and multi-family residential character of the area. The surrounding area includes single-family homes on the south and east, duplexes on the southwest, and multi-family dwellings on the north. The proposed development standards will allow the flexibility in establishing new development standards for minimum lot width, building front setbacks and landscaping regulations that will permit construction of detached single-family dwelling units with garages and private open space. 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CVMC 19.56.041: The Precise Plan Modifying District has already been established for the project site with the R-1-7P zone, by Ordinance 2378 adopted July 10, 1990, The "P" modifying district was included as apart of a City-initiated comprehensive rezone of lands annexed from the County in 1986. The purpose of this re-zoning was to implement the Montgomery Specific Plan (now expired), eliminate County classifications so that the City could administer zoning based on City-wide classifications, and to allow the types of duplex and single family developments that were already in existence in various neighborhoods at that time. The Precise Plan Modifier was placed on numerous remnant undeveloped parcels within established neighborhoods, to allow for flexibility in the design through the discretionary review of projects prior to building permits, if necessary. As described in the Municipal Code, The purpose of the "P" modifying district, is to allow diversification in the spatial relationship of land uses, density, buildings, structures, landscaping and open spaces, as well as design review of architecture and signs through the adoption of specific conditions of 10-81 Ordinance Page 3 approval for development of property in the City. Within the boundaries of the "P" modifying district, the location, height, size, and setbacks of buildings or structures, open spaces, signs and densities on the precise plan shall take precedence over the otherwise applicable regulations of the underlying zone. Pursuant to CVMC 19.56.041, the "P" modifying district may be applied to azeas within the City when one or more circumstances are evident, including: a). The subject property, or the neighborhood or area in which the property located, is unique by virtue of topography, geological characteristics, access, configuration, traffic circulation, or some social or historic situation requiring special handling of the development on a precise plan basis: The City Council finds that amendment of the existing "P" modifying district and adoption of the Precise Plan Map and development standards in Exhibit C are appropriate because: The site is unique by virtue of a social situation requiring special handling of the development on a precise plan basis, because of its location at the edge of afully-developed residential area that transitions from single- family to multi-family residential land uses. The site is located at the northerly edge of a traditional single-family area, and at the eastern edge of the Holiday Estates neighborhood, which contains 209 single-Family attached/duplex homes, and 32 townhomes. This transition results in an aesthetic change in the neighborhood, from traditional single-family detached homes on lots typically 60-70 feet in width within the R-1-7P zone, to gazage -dominated narrow single-family attached /duplex homes on lots with widths as low as 28 feet within the R-2T zone. The rezone and "P"-modifier amendment will allow the Project to be developed with narrower single-family homes on 37.5 foot wide lots, which are more aesthetically compatible with the single-family attached /duplex homes with narrow lot widths. The "P" is intended to reduce the potential affects on the neighborhood from the aesthetic incongruity that would result if traditional single-family homes with 50 to 70 foot wide lots were constructed immediately adjacent to attached duplexes with 28-foot lots and attached townhomes. The project will be developed to comply with the Precise Plan, which includes architectural review and landscaping review to ensure the homes will be attractively designed. Through the use of three different floor plans and staggered front yard setbacks, the Project design will be varied to add visual interest along the street. The neighborhood or area in which the property located, is unique by virtue of its configuration, because the site is a portion of a larger area currently zoned R-1-7P, containing 21 other single-family homes on Holiday and Festival Courts, located on the west side of Hilltop Avenue. However, the project site is a remnant parcel that is not a part of the existing Holiday Estates Unit 4 subdivision to the south, but rather 10-82 Ordinance Page 4 extends northerly into the multi-family azea described above. The rectangular parcel is oriented to Tamarindo Way with approximately 600 feet of frontage along Tamazindo Way and approximately 150 feet along Hilltop Avenue. The topography of the parcel is relatively flat along the east side along Tamazindo Way, but has a 10-20 foot elevation difference along the western property line, and along southern property line between Hilltop Drive and Connoley Circle. The site's orientation, configuration and topography is such that access and frontage is from Tamazindo Way rather than Hilltop Drive. Re-zoning the site to the R-1-SP zone would permit smaller 5,000 square foot lot sizes with 37.5 foot widths that will be designed and developed in a manner that is more typical of the adjacent single-family attached/duplex residences to the west along Tamarindo Way. The subject property is unique by virtue of the existing depth of the lot, which at 150 is deeper than traditional single-family lots in the R-1-5 zone, which aze typically in the range of 100 feet deep. This lot depth, when combined with the proposed 37.5 foot lot width, results in lots sizes between 5,625 and 8,225 square feet, which exceed the minimum 5,000 square foot area of the R-1-5 zone, and provides a transition to the 7,000 square foot lots in the R-I-7P area to the south. This design also provides lots with lazge, useable rear yazds for the residents. c). The basic or underlying zone regulations do not allow the property owner and/or the city appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones: The City Council finds that amendment of the "P" modifying district to add development standards and approve a Precise Plan is appropriate because the existing R-1-7 and proposed R-1-5 zone regulations do not allow development standards needed to achieve a project design that is compatible with the adjacent multi-family housing to the north, west and southwest, and adjacent single-family homes to the south, and therefore a precise plan modifying district is needed to allow a more compatible design. Development of the site under the standard R-1-5 zoning would require 50-foot wide single-family detached lots along Tamazindo Way, a street where single-family detached homes do not presently exist. The proposed precise plan standazds of the R-1-SP zoning would allow lot widths with a minimum of 37.5 feet, and also permit 15-foot rear yazd setbacks on the south side of the site adjacent to existing homes developed under the R-1-7 zone, which permits a 20 ft. rear yazd setback. The Precise Plan standazds will allow the Project to be designed 20 ft. rear yard setback to make a more appropriate transition between the project and adjacent single-family development on the south. 10-83 Ordinance Page 5 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the "P" Precise Plan modifying district; With the exception of the reduced lot width, staggered front yard setback, and increased rear yard setback of 20 Feet discussed above, the development standards are the same as the R-1-5 zone. The City Council finds that these requested deviations under the Precise Plan are warranted in order to achieve the purpose of the Precise Plan Modifying District. 4. That the approval of this plan will conform to the General Plan and the adopted policies of the City of Chula V ista. The Project has been designed and evaluated in accordance with the goals and objectives of the General Plan and Residential Low-Medium (3-6 du's/acre) land use designation. Based on this land use designation, a maximum of 16 units could be developed on the 2.32 acre (gross) site, The project proposes a density consistent with the Residential Low-Medium land use designation. The Precise Plan, as described above, will allow the Project to be consistent with the goals and objectives of the General Plan, and the Chula Vista Municipal Code. D. The Precise Plan Map and Precise Standards as depicted in Exhibits B and C are adopted and are supported by the required findings (CVMC Section 19.14.576, as outlined in Section II (C) above. III. EFFECTIVE DATE. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Gary Halbert, P.E., AICP Assistant City Manager/Director of Development Services Exhibits: Exhibit A: Rezone Map Exhibit B: Precise Plan Map Exhibit C: Precise Plan Standards 10-84 ~ ~ )\c~' ~_ a I ~M'' v~I Y F ~._~ V ~I ~ '~ rr I I i.r- ~ KL~'\P~ f l I° i 3 '". Yom'--'--._,` i i i j~ 'r -I bra ai~41 j ~ 5 I \~- ~„3 x/!71 Ii J i ~ - 1 j ~ \ O2A.NGf ~ ~ ~~ ~ I _ _ I ~ ~~~Y ' ~I Y ~ ~ .__ ?/T, r `' 9 a t~ r ,o 1r ~ ~ ~~~-~Li" ~s'~ ~f~ at i F .. ~W _ -~JL. I i~~L_ ~~f1 j ~ 1.`~~1-~~ II llll-L 1 ~a, I~ ~ ~ I i __.-_ ' LL_ i ------- ~-r~~ y IQ __, _ J _ ~ ~-l_. -~ (• rl ~'~ ppo~lAT FROM R9JP to R1-5P ~ i~~ , I ~L IL-; i I i ! fR L41 ' ' ~-,~ I ~ ''I I-~--- ~' ~~ LOCATION ~_L_~ LLL`' j/;' g. ` i ~ ; ; ~ '~ -1 ~--- i -i i f5TIW1L CT', ~ ~ _~ -~ ,~Y- _i ICON:VO'[Y CI ~._ ~ ~ -y~ ~~ r-. I ~~ C, r-- 1 i I ~ I i I--- r 1 I f I _-~ ~-~~ ~_ I- z~"_-1 I i i i ~ i ~.~ j ~L_./ ' I ~ ..I ~ I ~f ~ I ~r ; \ ~~~i r~~/UJJA~ r~ l~_ / I -j - g ~~ Y, I TOURMRLINE tiT ~ '~ / ~~. ~ ~ i I--- I ~ i ~ ~. I I~ ~ ~ _ ~ I fi~ ~ ~ ~-~ ~~ .» ,~ - --- _ --- w ~ _ ~nl I ~~ ~ I I~~ ( 1 ~ I i I ~~ ~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR Gary Watts J PROJECT DESCRIPTION: AP% ICANP. MISCELLANEOUS O PROJECT 35 Tamarindo Way ADDRESS. Project Summary: Proposed zonechange from R7dPlo R1-5P. SCALE PILE NUMBER NORTH NO Scale PCZ-12-01 Related cases: PCM-12-02 L\OaEe FIUW Vnep Copra TemplalelLo abrsWCZ12C1 al 102212 EXHIBIT A 10-85 L -_ ucei`~ HOLIDAY ESTATES TOWNHOUSES (u R. RESmERnny `-(+WI- _ '~ -_ b.. ,, TAMARINDO WAY xw "aic0. n. °«P~~C . a1,4°:7n, , : as Z~ ~- a s~iA~m. m~a', LMIILVYw sd~ sr I I Pw3i6al ~ I© I ~' O I Pio i6z z li I s,6~ sP ~ s,eis u I (I s sz lOD 160. 1 ' PA~P3165f 56® Si PA0~I636 I~ PA0 16]1 ~ A0 163.9 j PA6 } i , i ~ I PI-0 1~63~A~ 1~ I 1 , 1 1 1 1 _ -- ~ JI 1.1 j ~',~I ~ ~~Yy ~ f 4 I 'I S I~ y' I M I I;I La 1 01 R _ I _ I ~ 6~ I l I,,`/ I I I I I I I I I I I i I f 3 3 I I I I f~..' J I P~ r _ .Ip1-~I r €I - 1~ ~ 81 .p~a I II I y~II II f ,I L fl J ~ II I ~p1 is L~I II I sclc~ o f I ~~ ~ I I_~I I I l f J~, L~ J~ J L 1 a~ L-~'J € ~ f ~_ 1 - y I I ~I TI I° `+I I f ac ~~-tt a I I II I~/ Ik ~i I € I It I I I I I I ~ I - - ~`i I I I ~~ I m I 1 I I I I ] ° o __ L _ _ J L _ _ J w aon f-9~ ~-~ 7;\I JT \ IJ! I ~ ~i ~^~^~ ~ fl I ! ~:w., slccnax J: L ,~-°'Y.°G ~---~L. r,. '~ 1 9 "= '' :„„ '~ -~ gyp- (S.FO. RE~SOENI Aa)~T/Ary~~ ~~-346 L/~~~ ` SOL DOENT29E MAP 6931 NO - LOT 12~ LOT 12]~~~~ T 350 '.LOT 309 LOT 348 1 _ 1. ~ MAP 6831 / _~ ~m^~^o,x^,~rw...n^..^= PRECISE PLAN °~`° W„o, ,. 35 TAMARINDO WAY,CHULA VISTA CA 91911 ""°"° ~ resn9a>s CITY OF CRULA VISTA TRACT a sn wuM. r.nw.,. µ^ r.m.wµa..r, PRrw,.. ^~ p , a.. ~,.w,w. n _m ,rao _Pewro mow, wm.wm .. «.a nm ,o. wc.w 14~~P1Pje5 ~° °"'+ m__.__.._ pEZONEB TENTATIVE NAP CYT 1&07 W... rp0: 9., Om O..m wv me °." ~^' ". -+ „ '°~:,_ma~"=w ~o ^.w ^r~w. ^~,~: ,v'°, w -- PRECISE PLAN e ,m.,,,..n.9 ^a ~ ,. .,.~ , n>P,.-A.P,.. _,. "rr ~ ~(~,~ o.. wr~l r^ .o~.w ^' - ® ® auu sxcroeeuxe Ixe nrv n au „su,rvow.w,n - j -. rnn exGxscuxc <avsv~nxra NOiE m en n-- -,- ' ,r ux im ,a .a ., u~ x~ ow wcrtnn arm m's n...z owwo m w^. caw .w wew.w u~Rpy B B err,ru r-r. ow<,<w u. rw - maw wu PAP. _ ro . wm xox aec wi wl wi mr. 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SHEET 7 OF 7 ~~V' `y.OT\521 LOT 351 n'LO Ordinance # 12/4/12 35 Tamarindo Way Project PCZ-12-01 / PCM ] 2-02 EXHIBIT C - PRECISE PLAN DEVELOPMENT STANDARDS Lot Size 5,000 sq. fr. minimum Lot Width 37.5 ft. minimum Building Coverage 40% maximum Floor Area Ratio (FAR) 50% Maximum (includes garage) Front Yard Building Setback: (all setbacks measured from property line except where noted) • To Building (living area) Building setbacks shall be staggered as established on the Precise Plan IS fr. minimum • To Front Porch 15 ft. minimum • To Garage 22 ft. from closest edge of sidewalk to face of garage Rear Yard Building Setback: 20 fr. Interior Side Yard Building Setback 5 fr. Exterior Side Yard Building Setback 10 ft. Building Height: 28 fr. / 2 stories (Measured to mean height level between eave and ridge-per CVMC 19.04.038) Fencing/Walls: Decorative, solid masonry walls including stucco or split-face block walls . Sound walls in compliance with IS-21-O1 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Decorative, slumpstone block retaining walls with integral color. Decorative tubular metal or wood privacy fencing are permitted as shown on concept landscape plan. Maximum height is 6 feet from adjacent grade level. Garage Minimum 400 square foot, 2 car garage with (Continued on Pg.2) minimum dimension of 20 feet. io-s~ i,XMi~3~T G Ordinance # 12/4112 35 Tamarindo Way Project PCZ-12-O1 /PCM 12-02 a. Minor modifications to Precise Plan map are permitted pursuant to approval of a Site Plan and Architectural Review by the Zoning Administrator, per CVMC 19.14.420. Amendments to the Precise Plan Map shall comply with the Precise Plan Development Standards. All other Precise Plan amendments shall comply with Precise Plan Modification requirements per CVMC 19.14.577. b. 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A4-PK £T9. /• ,/ Ml1E T5LiI.4 E'Eft kULl uyoFPll. a ~ ~ 1 i ~ k r ~~ _ _ `A}ELEVATION-DECORATNE A:ETAL FENC€ ~ ' 5 4 E I~ :_ ~ I ~~~ } 1 ~F1F11 ~~ ~i FI ~ r I~ I f tl~~ ~E 1 E I 'rr ! i ~i ~ 1., r=i i ~ I ' ) ~ ~ (E'~ i r E Itt~ I~~ 1{ ~. ~ ~ E T ~ ~ ~ FI rFJr Sll Yf]YJ ~[YS[RS¢F.f R:EA?: (B~ ELEVATIDN dY00D FF1:CE. .yrs An TOfalc, Are?c11mv,IPnr; - MAY 24, 2012 '. - FWlrltl6 HEIPItnNO iVN~ (PL11GN0.) `C~SECTION-YfDOD FENCE ATOP RETAINING WAIL 10T; i 1 ' ~; µppp LANDSCAPE CONCI PENCE IMM hEilF mf R' (L1 Y,6M} SIF:541MP 1400 SEE NFlL.61PIXdF11 OP.V VEiFRP l •AiCtif .PTrt C9ne iltt$ IIEEI. ~~~[ A.1R lF'NSCAE IEPpnSEP eEl..nfo a nlv~w p1AVlr /R[ ESE 1f6 vP+=P uAaa IRRIGAT I ..6'R 1~1M "1 ~ IIONEfIU^9 FA-5 +Yy 1MLLfEU [CEx PMP9~V YEI~W WLflf CN6W E'A6'.!V w~ FWIIG+. '~%Y11QE. q AV LWEILLF 4blp XE r4M fv W'~£ IirE m1EPGiA.ENY *G. ao i ~; 1'1VV1 1 1Qll ~_,. ~' Approval RL•SOi.U 71UN NO. F'CS-12-O L'!'C7-t2-Ol%YCNI-12-02 RFSO.i_UIIGN OF ThIE CITY Op CHULA VIS~fA PLANNh~1U COMMISSION RECOMMENDING THAI' 7HE C'1I Y COUNCIL ADOPT tbIIIIGAIED NIiGATIVH llECLAILV'I'ION AVD N11TICiA7ION MONI"1'O1tING AND ItEFORTING PROGRAM IS- 12-O1, .4D01' 1 I'EN TATI VE NL4Y YCS-12-O1, AND ADOPT AP! ORUIN.4NCE AML'•NllING 711E CONING MAPS ESl'AFTLTSHED HY MhNIC1YAL CODE SECTION 19.18.OIOBYKL./_ONIN("i7HF, PARCEL. T.OCA 112D AI }5 TAMAR]NDO WAY FROM R 1-', 1' IO KI SP ANll ADOPTING YKECISE PLAN 57;1NUAKUS'FUR 7TIE PAKCEL WHEL'.EAS, i11c Arta irf land, which in rho subject of this ur dinancc is ding ammatically esrnted iu L'xhibit "A' which is incorporated into the mdinauce by this reference, and fret the rose oI genet al description consists ofa 2 32-oar parcel located ut 35 Tarnatintio W'ay (`Project „); and W1-1L'ILE.4_l', nn humaty 2G; 2012, Kezone, Procisc Plan, Tcntnriee Pro ccl Map, and Initial iy applica[ione tvete filed by Mr. 1P Mmiscal ern behalf oC 35 latnatindo, LLC aver/Applicant") wish the Ucvalnpnmut Services Ucpurtntcnt of the City of Chula b'ista resting n rezone ot'the Project Si[c from the R1-71' Lone to the RI-il' Zone, adopting I'rccise r standm d, for ilm Project Site, and px+posing to subdivide, the 2.32-acre Project Site into 1 G lots :he construction ui single-family houses ("Project"); rend WHf L2EAS, the Development Set vices Director has reviewed the proposed Protect the pliancc with We Cali('omia Environmental Quality Act and has conducted an Initial Study, IS-12- i acconlnnec witlt the Califon uia Envitnnnmutat Quality Act, and bus;;d upon the results of tht a7 Study, lhe~ Development Services Ditcctar has defer mined that the nzojecT could resat[ in ilicnut ctfects on the enviroumcnt Howcvcr, ttevisicns to the przrjact made by Or agreed to by lpplicmn would ovoid ds effects ur mitigate the elPocls to a point :eherc clear iy no significant _ts windd occur. dxrafore; the Development ServicesDIrector has prepat ed a 1Titigated Negative laratimt and Mitigation Monitoring uod Rrponing Ytogrant, IS-12-O1; and th%HGREAS, the Pluming Commissio¢ finds that the Mitigated Negative Declaration and galion Monitoring Program CIS-12-01), has bmn prepared in accgrdanct with requirements oC )A, the State CL•QA Guidelines and the Environmental Rrcie•.v Pumcdwes of [he City of Chula a; and W ITERE.4 S, the llcvclopmant Services Uitectot set [he time and place (in a hearing by the of Chula V ista I'Innn tug Commission en the Ytr~jcel, artd notice n (said hea: i ng, together with il3 ose, was given by its publication in a newspaper of general circulation in thri city and its mailing oprtty owners widtin 500 fact of the extmi or bomniar i rs o£ the pi opatg nL leas[ 1 U day=_ pr tot to searing: and, NIdERLAS, the heating was held at the time and place as advertised, narneh: (i:00 p .;t . timber 14, 2012, in the Council Chamber s, 276I'ourth Avenue, before the Planning Commission ;aid hearing was [lierea(ler closed. Resolution PCS 12-O1 / PC% 12-O1 / PCI<7. 12-112 -Page \OW, TFIGREFORE, BE IT ItESOLV LD TIiAT THE }'LAN\ING CUM::b11SSlOD recmm~rends that Che City Council adopt 4te aturehed draft resolution adopting NIiIi_;aled Negtuiw UcciaratTon and Nlitigat ion ~4onitor ing and Kepor tiug Pi ogr nm, IS-12-0 t ,and approving T ant aria r Map PCS-12-01 subject to the conditions listed in.Exhibi[ D, hosed tin [he lindings contained in :h: dntR resolution BE IT FUK'l ITL'R RESOLVED 11-i-AT TITS. PLANING COMMISSION recommends lha the Ci(y Council adopt the tntauhed ordinance rezoning the Project Site from KI-7P to RI-SP anc adopting Precise Plan standards based on the findinKS and subject to Ihr conditions ccntained iu Iht a(tached Draft City Council Urdinnnre. RE II FIJKIIIER RLSOLYfiD THAT a aipy of Ibis rzsolutinn be nan_eutitted w the Cilt CouucIl. PASSED AAIJ APPROVED BY I7TE PLANNING COMMISS [ON OF I~F-1E CITY GI' C'hIIJ(.A VIS fA, CALIFORNIA, this 14th day of November 2012; Ly the lulluwing vote, to-wir AYES: Mocteulma, Liuay, Anaya, Calvo, Vinson, Spethman NOES: ABSTAIN: A ISSF.NI: \[test -~~~„ ~ ~~ .~--1_...~/ Y ~ - Diana Vareas SecreLrty to the Phuuturg'.omrttission \ ~`--~ ri+a- ~- \~,iCah-loc[ezum C ofr~ _ -_ Planning Cnnunicsu Yrescutcd by: (iatY Hal rt.l f7..,. FC Asst. City at ager(Development Services Dimctot Approaed as to tone by: Glen R Cioogius OIM1' AttOlney Community Support Please find Attached About Mar Mar Group is a real estate investment. firm specializing in land acquisition, multi-housing investments and NNN assets within progressive communities of the United States and Mexico. Our investments on land focuses on two specific areas: Resort oriented communities and redevelopment properties within the City. We team with the best professional architects, engineers, consultants, and attorneys to create superb master plan communities, and redevelopment projects. We like to rethink and recreate within the City. Landmark properties, close to services, and freeway access. Mar Group develops, acquires, and manages, Multi-Housing Communities within the Westerly United States, where demand is high and supply is constrained. Mar Group investment strategies are designed for capital preservation, current income, and long term .capital growth. rin:1'.ilyi:,'t~tl[triscu) (;hula 1't>t;t, l;:~l +'•f I_'111 ' C?rara• qtr. \daeir~';:il• . l:usish t+s E,~laress.nig •uiarr,rt It,r ystur Crt!ILrt +ti"~~a `f:un(trintlit 11'u±•,I'pt l ft ni.~, sintlr= i'uiuil~ t4EUl+:,ri c ltrulcr tht 1 i,! I?xiv,, pu'ij~!'t.i 1,1~teNc+ye tlti:; I~}j'i~IlC~9 .w^ill unlt.tu4 tl+c c~?Cnmunrts~~- ttPu;1•tt~ih I~,rintt u5tn>t+atirm nuJ ~~ultt~ tt5 the :urr:?vnilnt~ nci~sl1l,>r+i'11:u+d, - . ~.. . I ilf~ii« tril.t~~,tti4.t`thi i~tl?I•.+rtthrL•c i+,rc~luewt ilir(?iiy~t+I'l.'lt(,iLa.~ra~t:( :~_Yi.g7h+yn ~?ii rnalCin+~ thi;;,i'a~iµsi t re:;liiti+ r - ,~ ti i!~ti ~Ci' `" i _ _... Cc; it~I sy'tti• C~Ini ~I i,'u~. ("Itu1;t Vi; t i f~fi~ ('ciuit~sl __ ... (_,is•.~~.hlalltcii.lv~i.u;nlC'i} Rl,utaii!c.r .luau-l?able Mariscal, 3~ `C'amnriittlii i:LG Chula \!isia. GA 919U ll~;rr,Mc. Manscal; . ` «rsh io c~pr~ss m.• suppurt fgr.your project ar3j'1'smyrincio Way feir 1G ncvv,tiingle-- lannl}',icsiVenbes untlur•thrG-I luuce`pru~ecC 1 buheveihis pmltciayill tnhattcc tBc communGv anc~ wi11 brim,inno~'a[itin and value tit the surrounding.neighbgriitiod. d'alsu;wanrio tyke this uppurtunity:iorcyut Ct1ie Cii}' of.Gh[ila ViSta's §upp[rn t~ j, Lam.. Z~. Vl`~c~.J (~: - I ~ = a..~ r a`.:. / - Stgn ~ [date -- .S W C, V', ~ ; G.A L° a 2ai/ca r`1 '~.~. ~'~~~Li P1 s ~ 2"~.FkSv.2~2~ a~~~~ra.~G~~to~..' ' 1 ? e~E'CV`~~r,~ 1/.',3~'~ C:iJ~C.~Y?tCtq~`(p' making this gmjec a re5liiy, C3tsl .ltcgar~is; C'rint ~'•unc S!, C~ Q - ~ Sn~~ ~r_ Glnr. 4: U`5 11 ~ l°l ~ (; ctie e ~ _. .. _.:.. Aticlress' , . . ~~l°~~ `h~T -C ~'~ 7 Pht~[ic,(apiiun<ilj• _ ec: Mayor'Cihcryl Ccir Cily ('ouncil:ui'C.hula Vida Gary Giibcrt;'Planning l)ieisiun f !l uan-I':iblo: Mari seal 35'I'amarindo LLC Chulu Vista. CA'9b91'1 I~esv Mr; :ti7uriscal. ': ~ P ti~ish to e~press my su~~c>rt_1(x your ~iujtct at i5'S`mnarindp Way ti5r I6 n~,~u.siliglc- _ ('arnily residcnccs'undcrtlic G-liousc,Projcct: i GeL~~c ihisproject will cnhuncu the commuriity and will=bring innpvation and ~•alue:ip Uic sui•rbundin,~ n~ighboihood. .. 1°~alcu wanr,ii;~ takc;this uppi?~tunity trrr•ecjuest the City ciPChiila`Vista's u~i{Sort'gn, m<i}:ing this ~rcijec(a reality: ~` t3~,t Rcgaids,. s ewe ~; «~1~~~. tc .Ma}?or Cheryl C:cix {:ity Council oJ'Chula Vista Curv.~~lhcrt,;l'lunning pivisun . . _ _ ,.. . , '" ,` Juan-1'ablci Mariticiizl '. ;. - - .. 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