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HomeMy WebLinkAboutItem 3CHULA V1 ST �I PLANNING COMMISSION, AGENDA STATEMENT Item: 3 Meeting Date: 11/20/13 ITEM TITLE: Public Hearing: To consider Addendum to Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS -06 -008; Tentative Map PCS -12 -07 to combine four parcels into one condominium lot for 115 residential units, 4 live /work units, and one commercial unit for individual ownership; and Design Review Permit DRC -12 -17 to develop the vacant site at 914 -944 Third Avenue with a Mixed Use - Residential Commercial project (Applicant: Creekside Vistas, LLC). Resolution PCS -12 -07 of the Planning Commission of the City of Chula Vista considering Addendum to Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS -06 -008 and approving Tentative Map PCS- 12 -07, subject to the conditions contained herein, for the Creekside Point project in the Central Commercial zone to combine four parcels into one condominium lot for 115 residential units, 4 live /work units, and one commercial unit for individual ownership on approximately 5.5 acres located at 914 -944 Third Avenue. Resolution DRC -12 -17 of the Planning Commission of the City of Chula Vista approving Design Review Permit DRC- 12 -17, subject to the conditions contained herein, for the Creekside Point project in the Central Commercial zone consisting of 115 residential units, 4 live /work units, and one commercial unit on approximately 5.5 acres located at 914 -944 Third Avenue. SUBMITTED BY: Miguel Z. Tapia, Senior Planner Richard Zumwalt, Associate Planner REVIEWED BY: Eric Crockett, Assistant Director of Development Services INTRODUCTION Creekside Vistas, LLC ( "Applicant ") has submitted applications for a Design Review Permit and a Tentative Map for the development of the currently vacant site at 914 -944 Third Avenue ( "Site ") located between L Street and Moss Street, across Third Avenue from the San Diego Country Club, with a mixed use — commercial residential project ( "Project "). The proposed Project consists of the construction of the following components: 119 residential units, four of which will be live /work units, 755 square -feet of commercial space, a 2 -story club house and 3 -1 Planning Commission 11 -20 -2013 DRC -13 -17 Item No: 3 PCS -12 -07 Page No. 2 other recreational elements, and other site improvements associated with the development of the Site, such as parking, access and circulation, and open spaces. The proposed Tentative Map would combine the current four parcels that make up the Site into one condominium map for the 119 residential units and one commercial unit. The condominium map would allow the units to be sold individually. City staff has reviewed the applications and the associated conceptual design plans and the Tentative Map, and is presenting the proposed Project to the Planning Commission for consideration and approval. BACKGROUND In 2006, the Douglas Wilson Companies proposed to develop the subject Site with a Mixed Use — Residential Commercial project. That project consisted of the construction of 167 residential units, built on a podium format over a 299 -space parking structure, and 3,800 square -feet of commercial space. At that time, the project required the rezoning of a portion of the property, the establishment of a Precise Plan, and the issuance of a Conditional Use Permit for the mixed use. The project was reviewed and approved by the Planning Commission, the Chula Vista Redevelopment Corporation and the City Council. Due to the drastic changes in the economy, the approved project was never constructed; the Site was taken by a bank and subsequently sold to the current owner. At the same time, changes to the City's Zoning Ordinance and project review process have simplified the review process. For example, mixed use projects on the subject Site are now permitted by right instead of requiring a Conditional Use Permit. Also, the approval of the Tentative Map is now done by the Planning Commission instead of the City Council. The Applicant submitted an application for the development of the Site with a similar project with fewer residential units and less commercial space than the Douglas Wilson project. The proposed project requires approval of a Tentative Map and a Design Review Permit by the Planning Commission. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act ( "CEQA ") and has determined that the proposed Project was adequately covered in the previously adopted Mitigated Negative Declaration IS -06 -008 ( "MND ") prepared for the project approved by the City Council pursuant to Resolution 2006- 337 on November 16, 2006. An addendum to the MND for the proposed Project has been prepared that addresses the minor changes to the Project, pursuant to the requirements of Sections 15162 and 15164 of the State CEQA Guidelines. The proposed changes to the project do not constitute a substantial change to the previously approved project. The modifications proposed would not result in any environmental effects that were not considered in the MND, nor would the changes increase the severity of any of the impacts identified in the MND. There has been no significant material change in circumstances relative to the project, and no new information of substantial importance has become available after the preparation of the MND. The mitigation measures identified in the MND would be equally applicable to the proposed 3 -2 - Planning Commission 11 -20 -2013 DRC -13 -17 Item No: 3 PCS -12 -07 Page No. 3 Project. None of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. Therefore, in accordance with Sections 15162 and 15164 of the State CEQA Guidelines, the City has prepared this Addendum to MND IS -06 -008. Therefore, no further environmental review is required. RECOMMENDATION: That the Planning Commission approve the Tentative Map and Design Review Permit resolutions to develop the subject Site with the proposed Project, subject to the conditions listed in the resolutions. DISCUSSION: Project Site Characteristics: The subject property is located on the west side of Third Avenue between L and Moss Streets (see Attachment 1, Locator Map). The 5.5 -acre project Site consists of four vacant contiguous parcels. The Site is irregular both in shape and form. The site has approximately 400 feet of frontage along Third Avenue with varying depths of 280 feet to a maximum depth of approximately 700 feet to the west. Topographical elevations on the site range from approximately 110 feet above sea level along the eastern boundary along Third Avenue to approximately 80 feet above sea level along the bottom of the drainage channel at the western boundary of the Site (see Attachment 2, Aerial Photograph). The project Site is located in an urbanized area of the city and is within the South Third Avenue District of the Southwest Area Plan of the City's 2005 General Plan (see Attachment 3, General Plan Vision, Objectives and Policies for the South Third Avenue District). The existing General Plan land use designation is Mixed Use Residential ( "MUR ") and the current Zoning designation is Central Commercial with Precise Plan ( "CCP "). The site is currently vacant with vegetation and trees. The area along the drainage channel has historically been an area of intense shrubbery, littered with trash and debris. Over the last few years significant clean-up of the Site has occurred including removal of previous dilapidated structures and debris. Project Description The proposed Project consists of the development of a Mixed Use - Residential/Commercial project. The Applicant proposes to build 119 residential units, four of which are live /work units to be used for living quarters, as well as for the establishment of a home -based business (see Attachment 4, Concept Plan). The Project also includes 755 square -feet of commercial space for a small retail outlet. The residential component of the Project includes a mix of units, with 33 one - bedroom units, 44 two- bedroom units, 38 three - bedroom units, and 4 one - bedroom shopkeeper units. Of the 4 proposed shopkeeper units, two units include a 206 square foot office, and the other two units include a 318 square foot office. 3 -3 �v Planning Commission DRC -13 -17 PCS -12 -07 11 -20 -2013 Item No: 3 Page No. 4 The Project includes the construction of the following components: four 3 -story residential building structures; a 2 -story club house, a swimming pool and spa, a tot lot, and two outdoor patio areas with BBQ's, fire pits, shade trellises and seating areas. The Project also includes the construction of landscaping throughout the site with a variety of materials that include trees, shrubs, groundcovers, and riparian and bio- retention plantings. The area next to the creek would be improved with bio- retention basins, concrete walkways, and the slopes will be stabilized with a series of retaining walls and planted with non - invasive landscaping. Some of the area around the creek will be kept undisturbed. The mixed use building structure would be located in the northern part of the Site fronting Third Avenue. The shopkeeper office space would be located on the east side of the mixed -use building, on the first floor facing Third Avenue. Further south along Third Avenue is the main entry into the Project, which leads to a parking area, the club house, and the residential buildings located in the southwest part of the Site. The parking area fronting on Third Avenue will be treated with enhanced paving and landscaped with a variety of trees, decorative low walls, and trellises. A pedestrian paseo will extend from Third Avenue toward the interior of the Site connecting the street with the club house and each of the residential structures. Additional automobile parking is distributed throughout the northern, eastern, and southeasterly periphery of the Site. The Applicant proposes a total of 224 parking spaces, which meets the minimum requirements of the mixed -use zoning regulations. In terms of architecture, the Project is proposed to be developed in the California Mission style. The buildings are proposed to be built with tile roofing, exposed rafters, stucco surface treatment, and trellis elements both on the buildings and within landscape features. The architecture features articulated walls, color variety, exposed wood elements and stepped facades to maintain proper scale with its surroundings. On upper floors, residents will have views from private balconies and windows. Ground level units will offer individual patios and porches. The building elevations feature arched openings, window mullions, 'trellis canopies, recessed openings and stucco wall patterns with varied warm tone colors. The architecture also incorporates wood stain, cultured stone, wrought iron balconies, wood trellis and arched openings. The Project's exterior color scheme includes buff color earth tone, warm sienna color, burnt ochre earth tone, terra cota earth tone, warm/off whites and earth green/olive. Land Use and Zoning The table below shows the current, General Plan, and zoning designations for the subject Site and the surrounding sites: 3 -4 Current Use General Plan Zoning Site Vacant Mixed Use Residential Central Commercial North Auto Repair Shop Gas Station Mixed Use Residential Mixed Use Residential Central Commercial Central Commercial East SD Country Club Public /Quasi- Public Single- Family Res. South Medical Center Apartments Public /Quasi- Public Residential High Central Commercial Multi - Family Res. 3 -4 Planning Commission DRC -13 -17 PCS -12 -07 11 -20 -2013 Item No: 3 Page No. 5 Consistency with Development Standards The proposed mix -use development has been evaluated using the Central Commercial ( "CC ") zone development standards. It should be noted that Chula Vista Municipal Code ( "CVMC ") Section 19.58.205(C) requires mixed -use developments to comply with the Multi - Family Apartment (R -3) zone standards for residential density, and CVMC Section 19.58.205(E) requires the provision of open space based on the type of residential unit as described in more detail in the table below. Development Standard Apartments Open Space Multi - Family Res. West Church/School Elementary School Public /Quasi - Public Public /Quasi - Public Single - Family Res. Single - Family Res. Consistency with Development Standards The proposed mix -use development has been evaluated using the Central Commercial ( "CC ") zone development standards. It should be noted that Chula Vista Municipal Code ( "CVMC ") Section 19.58.205(C) requires mixed -use developments to comply with the Multi - Family Apartment (R -3) zone standards for residential density, and CVMC Section 19.58.205(E) requires the provision of open space based on the type of residential unit as described in more detail in the table below. Development Standard Zoning Project Proposal Building Height 45 ft. /3.5 stories Max. 40 feet maximum Building Setbacks: Front: 10 feet 10 Feet North Side: 10 feet 46 Feet South Side: 10 Feet 52 Feet Rear: 10 Feet 70 -82 Feet Residential Density: Up to 170 units permitted 119 units proposed Parking Required: 224 spaces 224 spaces Residential: 220 Spaces 220 residential Commercial: 4 Spaces 4 spaces Total Open Space Required 50,640 square -feet 84,620 sq. ft. 37 one - bedroom unit 400 sq. ft./Unit: 14,800 44 two - bedroom unit 400 sq. ft./Unit: 17,600 38 three - bedroom unit 480 sq. ft./Unit: 18,240 ANALYSIS: The proposed Project was reviewed and evaluated based on the 2005 General Plan Vision, Objectives and Policies for the South Third Avenue District of the Southwest Area, the regulations and development standards of the CC zone, and the design guidelines of the City's Design Manual. Following is the analysis of the Project based on the applicable policies of the aforementioned documents. Land Use The Project Site has a General Plan designation of MUR and a Zoning designation of CC with Precise Plan. The General Plan envisions the South Third Avenue District as an area with a balanced mix of commercial and residential uses that contribute to create a vibrant and attractive area. The proposed Project is consistent with the vision, objectives and policies of the General 3 -5 Planning Commission DRC -13 -17 PCS -12 -07 11 -20 -2013 Item No: 3 Page No. 6 Plan. One of the four residential building structures within the proposed Project includes vertical mixed use, where the first floor units include a residence and space for a home -based business. The second and third floors of this building contain residential units. The Project would improve a currently vacant site, provide multi - family housing, and contribute to support the. existing commercial base of the Third Avenue area. The Project would also provide space (755 sq. ft.) for the establishment of a commercial shop and would provide the unique and innovative arrangement of live /work units (4 units) that would provide the residents with an opportunity to live in the unit and operate a small business that provides services for the residents of the Project as well as those in the vicinity and the community in general. The Project's unique mix of uses would contribute to the improvement of the district and make it a vibrant and attractive area. The CC zoning designation allows residential /commercial projects by right subject to certain provisions (CVMC 19.58.205) related to land use internal compatibility, density, parking, open space and building setbacks. As shown in the table above, and as further discussed below, the Project meets the regulations and standards of the zone in terms of the land use and building height, setbacks, density, parking and open space. Site Planning and Building Placement/Orientation The Project's four 3 -story building structures and the 2 -story club house are efficiently placed on the Site to take full advantage of the Site's varied topography, ,views, and open spaces, while creating a cohesive arrangement of buildings and uses on the Site. The Project follows the guidelines of the Design Manual which states that the Project should: "Orient building towards the street, so that they frame the pedestrian environment. Place entrance doors and windows for retail uses fronting directly onto the street at ground level. Provide a high percentage of windows on the ground floor facades of commercial buildings to facilitate greater visual transparency, which can help stimulate businesses and provide eyes on the street. " The building with the mixed uses fronts on Third Avenue and is oriented toward the street, establishing a direct relationship with the street, both for commercial purposes as well as to keep a presence on the street. Each of the building's units has windows and balconies facing the street which allows the residents to establish direct contact with the street scene. The live /work units on the first floor of the structure also provide direct access to the street. Commercial signage on each of the units will clearly identify the units as a commercial space and communicate to the public that it is open for business. The location of the club house also establishes a direct and effective contact with the street. The club house is centrally located on the site and directly in front of and visible from Third Avenue. It is easily identified by residents and visitors entering the complex from the main entrance on Third Avenue. Its central location also provides residents of the four buildings direct access to its services. The club house is conveniently located next to the pool /spa and open space areas next to the Creek. All the building structures are located on the elevated area of the site where residents can take advantage of the views toward the western part of the City and San Diego Bay, 3 -6 Planning Commission 11 -20 -2013 DRC -13 -17 Item No: 3 PCS -12 -07 Page No. 7 particularly for those in the second and third stories. The City's Design Manual also contains the following guideline related to the design of projects: "Quality building design ensures that individual development projects contribute to the overall character of a community, particularly the public realm. Buildings should be designed to facilitate pedestrian activity, and should include architectural features that reflect the local vernacular and are appropriate to the local climate. " The Project has been designed to integrate and blend with the context, character, and scale of the surrounding neighborhood. The neighborhood is a well - established area that is very eclectic in terms of land uses, character and building styles. The surrounding uses include the Country Club Golf Course, a medical /psychiatric center, apartment complexes, an elementary school, a church, and commercial uses such as two gas stations, an auto repair shop, and a neighborhood shopping center. The surrounding neighborhood, as in most of western Chula Vista, does not incorporate a specific character or style. The buildings in the neighborhood incorporate a very eclectic structural and architectural style. These styles include the typical strip commercial structures, modem/contemporary, utilitarian, and California Mission styles. In this context what becomes important is that the Project be of quality and contribute to the improvement of the area. The Project will improve the neighborhood by improving a vacant site, providing housing opportunities and bringing commercial and pedestrian activity to this part of the neighborhood. The most important characteristic of the proposed Project is that it is a development of high quality with an architecture that is compatible with the eclectic nature of the surrounding properties in terms of siting, form, colors and materials. The building design employs variations in form, building details and siting in order to create visual interest. The Project has a common architectural theme and design characteristics that provide architectural unity for the entire Project. The chosen architectural style is carried throughout all of the elevations. The facade design provides sufficient relief and offsets which define each of the units and presents them as part of an integrated whole. These characteristics of the Project's architecture are consistent with the guidelines of the Chula Vista Design Manual. The Project incorporates architectural features related to the history, culture and climate of the area. The California Mission style of the Project includes tile roofing, exposed rafters and stucco surface treatment, and trellis elements both on the buildings and within landscape features. These are elements closely linked to California, San Diego and Chula Vista's past as it relates to the construction of missions and ranchos. The architecture features articulated walls, color variety, exposed wood elements and stepped facades to maintain proper scale with its surroundings. The use of tile, exposed wood, stucco, and warm earth tone colors reflect the materials and colors that are representative of the colors and materials of the Chula Vista and San Diego area. In terms of pedestrian and vehicle access /circulation, the Design Manual establishes the following guidelines: 3 -7 Planning Commission DRC -13 -17 PCS -12 -07 11 -20 -2013 Item No: 3 Page No. 8 "All sites must provide clear, safe points of access for pedestrians and bicyclists, not just vehicles. New development should be designed for the use and enjoyment of all community members regardless of their physical ability. Locate structures and on -site circulation systems to minimize pedestrian/vehicle conflicts. Link pedestrian paths within a site with walkways, textured paving, landscaping, and trellises. " The Project incorporates the principals of Smart Growth by activating the site and the street with the Project. The Project establishes effective connections with the street for pedestrians and vehicular traffic. The pedestrian paseo with decorative paving and trellis provides an inviting entry from the street, and safely directs pedestrians to all of the buildings of the Project. The vehicular entry into the Site from Third Avenue is located to safely allow vehicles to make right or left turns from Third Avenue. The entry is improved with decorative paving and landscape material for easy identification. The interior of the Project will also provide a pleasant pedestrian experience. There are only two vehicular driveway aisles that provide efficient access to the residential structures while minimizing the potential conflicts with pedestrians. Pedestrian walkways will link all the buildings with landscaping, visual overlooks, courts, pool area and a trail through the natural terrain of on -site open spaces and recreational amenities. All walkways and access /circulation points are accessible to users with different abilities. All walkways will meet ADA requirements. Densit Pursuant to CVMC 19.58.205 C the allowable residential density of a mixed use development is limited to the maximum residential density permitted in the R -3 zone. The maximum density permitted in the R -3 zone is 31 dwelling units per acre. The site occupies approximately 5.5 acres. Therefore the maximum number of dwelling units on the project site could be 170 units (5.5 ac. x 31). The Project proposes 119 residential units, which represents a significantly is within the maximum yield (170 units) permitted by the R -3 zone. Thus, the Project is consistent with the allowable density requirement. Building Height and Setbacks CVMC 19.36.050, which regulates building height, has no height limitation for Projects located in the CC zone, except when located next to a residential or commercial office zone. Only one small portion of the subject site is contiguous to a residential zone at the southwest corner. In this case the maximum height permitted would be 45 feet. The proposed Project meets this requirement because the maximum building height is 40 feet. Additionally, there is a significant separation (approximately 80 feet) between the proposed buildings and the existing buildings on the neighboring lots. In terms of building setbacks, the CVMC calls for minimum setbacks as shown in the preceding table, namely ten feet on all sides of the Site and the Project is well within these. The Design Manual encourages the location of buildings close to the sidewalk in order to strongly define the public realm. The Project meets these requirements and guidelines. The W -M Planning Commission 11 -20 -2013 DRC -13 -17 Item No: 3 PCS -12 -07 Page No. 9 building with the mixed uses fronting on Third Avenue is the closest to the front property line with a ten -foot setback. This was purposefully intended to establish a close and direct relationship between the building and the street, in order to have the commercial uses next to the passing vehicular and pedestrian traffic, as well as to have more presence (eyes) on the street. The spaces between the sidewalk and the building are also treated with landscaping materials, low walls and enhanced paving to clearly define the private and public space, and provide a friendly and inviting space for residents and customers of the business units. This space may also be used as passive open space, thus potentially creating more activity close to the street. The rest of the buildings and structures, located away from Third Avenue, have setbacks of approximately 40 feet from the property lines. Several carports, which are considered accessory structures, are located on the north and south property lines. CVMC 19.58.020 allows carports that are located 70 feet from the front property line (along Third Avenue) to encroach on the side setback. All carports meet this requirement. Open Space CVMC 19.28.090 requires the provision of usable open space that can be delivered in the form of common and private space, and the Design Manual provides guidelines for the provision of open space. The open space requirement varies depending on the number of bedrooms in the residential unit. 1 and 2- bedroom units require 400 square -feet of space, while 3- bedroom units require 480 square -feet. Based on the numbers of each unit type, the total open space required is 50,640 square -feet. The CVMC also specifies criteria for which the proposed open space must qualify. The space must be usable and must contain a minimum dimension of six feet and be no less than 60 square -feet. In addition to common recreational facilities, private patios and balconies qualify as open space. However, driveways and parking areas, as well as some walkways and building entries, do not qualify as open space. Regarding open space, the Design Manual states that: "Common open space areas should include both passive and active recreation amenities such as tables, benches, pools, barbecues, courts and tot lots. A focal point should be provided such as a fountain, kiosk, specimen tree or tree grouping, or other sculptural feature. Features and furniture should be well constructed, durable, and complement the overall landscape design. " The proposed Project's open space meets the requirements of the CVMC and the guidelines of the Design Manual. The proposed project exceeds both the private and common open space requirements of the R -3 zone. The Project proposes a total of 84,620 square -feet of usable open space on site. The open space is provided through a combination of private and common open space areas including balconies, patios, a swimming pool and spa, and a portion of the club house, which provides interior recreational spaces, exercise room, lounges and management office and will be the center of community activities. Perhaps the most important aspect of the open space is the area next to creek. This area offers a unique opportunity to enjoy the natural open space, improved with meandering walkways and picnic areas with benches and tables. For 3 -9 Planning Commission 11 -20 -2013 DRC -13 -17 Item No: 3 PCS -12 -07 Page No. 10 children, there will be a tot lot with play equipment and fall -safe surfacing. In the area around the club house will be an area with outdoor patios, BBQ's, fire pit, shade trellis and seating areas. Parking CVMC 19.62.020 establishes the requirements for the provision of off - street parking. Projects are required to provide 1.5 parking spaces for studios or 1- bedroom units and 2 spaces for 2 or more bedroom units. The number of spaces required for retail commercial uses is 1 space per 200 square -feet of retail floor space. Based on the Project components, the minimum residential parking is 220 spaces and for the commercial space is 4 spaces. This comes to a total of 224 parking spaces required. The CVMC also allows 10% of those spaces (22 spaces) to be compact. Handicap parking spaces are also required pursuant to the Americans with Disabilities Act. The Project meets the minimum parking requirements of the mixed -use zoning regulations. The Design Manual provides that "Parking needs should be met with creative designs that prioritize the pedestrian and are incorporated into sites without dominating the public realm. " The Project provides a variety of parking types, including garage parking incorporated into the residential structures. It also provides carport parking, as well as open parking. The majority of the open parking spaces are located along the north side of the Site (next to auto repair shop) and along the south side of the Site. All parking spaces are conveniently located on the Site to minimize automobile circulation throughout the Site and thus prevent conflict with pedestrians. Most of the parking spaces are located near the residential structures providing easy access for residents. Approximately 40 parking spaces are located in a central place located between Third Avenue and the club house. These parking spaces are well screened from street view by landscaping materials, low walls and decorative trellis in order to minimize the presence of a parking lot next to the street. Tentative Map A Tentative Map was prepared and submitted to consolidate the existing four lots, establish a condominium map that would allow the sale of the units, and establish individual condominium ownerships. Additionally, the map will provide for the grading and development of the Site as shown on the Site and grading plans. Pursuant to Government Code Section 66473.5 (the Subdivision Map Act), the Planning Commission must make the findings as stated below substantiating that the Tentative Map, as conditioned herein for the Project, is in conformance with the elements of the City's General Plan. The proposed Tentative Map has been reviewed for consistency with the City of Chula Vista Subdivision Manual and staff has included the necessary conditions that must be satisfied prior to issuance of a Final Map. The conditions are described in detail in the Planning Commission Resolution. A. Pursuant to Government Code Section 66473.5, the Planning Commission must find that the Tentative Map, as conditioned herein for the Project, is in conformance with the elements of the City's General Plan, based on the following: 3 -10 Planning Commission 11 -20 -2013 DRC -13 -17 Item No: 3 PCS -12 -07 Page No. 11 1. Land Use and Circulation The General Plan land use designation is Mixed -Use Residential and the Project would provide a mixed use development of 115 multi — family residential units, 4 mixed -use live /work units, and one 755 square -foot commercial unit, at a density of 21.7 dwelling units per acre, which is within the allowable density and permitted number of dwelling units. The Project has direct frontage on Third Avenue, which is designated as a 4 -lane Class 1 Collector Street in the General Plan. This street 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 area 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 in the area. 2. Economic Development The Project will provide 119 new, high - quality, energy - efficient multi - family homes that will enhance the image and appearance of the neighborhood, help revitalize the commercial businesses in the area, and create jobs related to the construction and the use of the project, that will benefit the local economy. The location near the intersection of Third and L Street will provide convenient access for residents to nearby public transportation, jobs, schools, and commercial services. The Project will provide new for -sale multi - family housing and mixed use units in a commercial area that will improve the housing mix and enhance residential and commercial opportunities in the neighborhood. The redevelopment of vacant land will also increase the amount of property tax revenue to the City. The project will be constructed using green building and landscaping features that comply with the Cal Green Building Standards, and the City's Increased Energy Efficiency and Solar Ready Ordinances. Thus, approval of the Project will help achieve 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 is within the boundaries of the Chula Vista Elementary School District, which serves children Kindergarten through Grade 6. Close to the Project is. Rice Elementary School, which is located approximately 1,400 feet measured along the street from the Site. The project is also within the boundaries of the Sweetwater Union High School District. The nearest public schools are Chula Vista Middle, located on Fifth Avenue and G Street (approximately 1.8 miles from the Project Site) and Chula Vista High School, located at the corner of Fourth Avenue and L Street, just across the street from Rice Elementary School. Both the Sweetwater Union High School District and the Chula Vista Elementary School District have stated they have capacity to accommodate students from the Project. 3 -11 Planning Commission 11 -20 -2013 DRC -13 -17 Item No: 3 PCS -12 -07 Page No. 12 The Project Site is within the boundaries of the City of Chula Vista wastewater services area. The existing sewer facility system includes an existing 8 -inch public sewer main line located along the southwest property line of the Site. New sewer laterals are proposed to service the four multi - family buildings and the community building. 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 and Fire Departments have reviewed the proposed subdivision for conformance with City policies and have determined that the proposal meets those standards. The proposed Project would not induce significant population growth, as it is a residential infill project and would not adversely 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, as amended in the future, and therefore energy - efficient homes will be developed. 4. Housing The Project is consistent with the density prescribed within the MUR General Plan designation and CC /Mixed Use zoning, and will provide additional opportunities for high - quality, market -rate multi - family residential home ownership in the southwestern portion of the City. The Site is subject to the Balanced Communities — Affordable Housing Program of the City's Housing Element. For all new residential projects consisting of 50 or more du's, 10% of the units shall be affordable to low and moderate income households, with 5% for lower income and 5% for moderate income. In September 2012, the City adopted implementation guidelines which include provisions that a waiver of the inclusionary requirement can be granted within the designated census tracts defined as the "Area of Low/Moderate Income Concentration." Because the Project Site falls within the area of Low/Moderate Income Concentration, staff recommends that the inclusionary requirement of the Balanced Communities— Affordable Housing Program be waived for this Project. 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 services, facilities, or phasing needs that warrant the preparation of a Public Facilities Financing Plan. 6. Environmental The Project includes multi - family homes with active and passive open space that exceeds the minimum common usable open space requirements of the CC/Mixed Use zoning. The 3 -12 Planning Commission DRC -13 -17 PCS -12 -07 11 -20 -2013 Item No: 3 Page No. 13 Project Site is located adjacent to Telegraph Canyon Creek, and the 100 -year floodplain lies along the western edge of the Site. The Project will be designed so that no construction or grading is proposed within the floodplain, and all areas within the floodplain will be used as open space. The Development Services Director has prepared an Addendum to the approved Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS -06- 008, in compliance with the California Environmental Quality Act. Potential significant impacts to Air Quality, Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality and Noise will be mitigated upon completion of the Mitigation Measures specified in the Mitigation Monitoring and Reporting Program for the Project, which are required prior to issuance of the final map, grading plan, or building permits for the Project. The Development Services Director finds that the development of the site is consistent with the goals and policies of the City's Conservation Element. B. Pursuant to Government Code Section 66473.1, the configuration, orientation, and topography of the Site allows for the optimum siting of buildings for natural and passive heating and cooling opportunities, and the development of the Site will be subject to Building Permit review pursuant to the 2010 California Building Code as amended and updated, including Cal Green Building Standards, the City's Increased Energy Efficiency and Solar Ready Ordinances, to ensure the maximum utilization of natural and passive heating and cooling opportunities. Building Permits submitted on or after January 1, 2014 will be subject to review under the 2013 Edition of California Building Standards Code. C. Pursuant to Government Code Section 66412.3, the Planning Commission must certify that it has considered the effect of this approval on the housing needs of the region and balance 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. The proposed Project design and construction takes advantage of the topographical characteristics and features of the Site to create a project that makes full utilization of the land and locates the buildings, parking and open spaces close to the street for easy access and next to the creek and natural areas, where the residents may have views of the City and enjoy the natural and improved open space amenities. The Project proposes to develop a vacant property, which was previously developed with three single - family residences and is located adjacent to an existing public street and existing commercial and residential development. As conditioned, the Project conforms to all standards established by the City for a multi - family residential development. CONCLUSION Creekside Vistas, LLC proposes to develop the vacant Site at 914 -944 Third Avenue with a mixed -use project that residential units and commercial spaces, as well as other recreational amenities and site improvements associated with the Project. This Project replaces a previous project that could not be developed due to the changes in the economy during the past five years. The proposed Project will provide 119 new, high - quality, energy- efficient multi - family homes 3 -13 - Planning Commission 11 -20 -2013 DRC -13 -17 Item No: 3 PCS -12 -07 Page No. 14 that will enhance the image and appearance of the neighborhood, help revitalize the commercial businesses in the area, and create jobs related to the construction and the use of the Project, that will benefit the local economy. The location near the intersection of Third and L Street will provide convenient access for residents to nearby public transportation, jobs, schools, and commercial services. The Project will provide new for -sale multi - family housing and mixed use units in a commercial area that will improve the housing mix and enhance residential and commercial opportunities in the neighborhood. The Site will be developed with a quality Project that is consistent with the vision, objectives and policies of the General Plan and meets the requirements and of the CVMC and the Guidelines of the City's Design Manual. The proposed Project is well planned, incorporating the principals of Smart Grown and resource conservation. It is designed to respect and blend with the community character, local history, and climate. The proposed Project will re- activate the street and contribute to improve the neighborhood and create residential and business activity in this part of the City. Given the siting and arrangement of the building structures, parking, recreational components, and open spaces, the proposed Project is consistent with the regulations and development standards of the CVMC, and the Guidelines of the Design Manual. Based on the description and evaluation of the Project contained in this report and the conclusions above, staff recommends that the Planning Commission approve the proposed Project subject to the conditions contained in the Planning Commission resolution. DECISION -MAKER CONFLICTS Staff has reviewed the property holdings of the Planning Commission members and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. Staff is not independently aware, nor has staff been informed by any Planning Commission member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. FISCAL IMPACT The proposed Project is a private development. The application fees and processing costs are paid for by the Applicant. Attachments 1. Locator Map 2. Aerial Map of Site and vicinity 3. General Plan Vision, Objectives, and Policies for the South Third Avenue District 4. Project's Concept Plans � 5.9Mitigated Negative Declaration IS -06 -008 and`Addendum Prepared by: Miguel Z. Tapia, Senior Planner, Development Services Department 3 -14 PLANNING COMMISSION RESOLUTION NO. PCS -12 -07 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM TO MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS -06 -008 AND APPROVING A TENTATIVE MAP TO COMBINE FOUR PARCELS INTO ONE CONDOMINIUM LOT FOR 115 RESIDENTIAL UNITS, 4 LIVE /WORK UNITS, AND ONE COMMERCIAL UNIT FOR INDIVIDUAL OWNERSHIP ON 914 -944 THIRD AVENUE, SUBJECT TO THE CONDITIONS CONTAINED HEREIN FOR THE CREEKSIDE POINT PROJECT I. 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 5.53 acres located at 912, 930, 942 and 944 Third Avenue, as identified in County Assessor Records as Assessor's Parcel Numbers (APN) 619- 010 -04- 00, 619 - 010- 38 -00, 619 - 010- 42 -00, and 619 - 010 -56 -00 (the "Project Site "); and WHEREAS, on November 16, 2006 the Chula Vista City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS -06 -008 for a project formerly known as Creekside Vistas for this Project Site, whose previously approved development entitlements have subsequently expired and are no longer valid; and WHEREAS, on December 12, 2012 a duly verified applications requesting approval of a Tentative Subdivision Map (PCS- 12 -07, Chula Vista Tract No. 12 -07), Design Review (DRC- 12 -17), and Preliminary Environmental Review (PER -12 -003), were filed with the City of Chula Vista Development Services Department by Creekside Vistas, LLC ( "Applicant" and "Owner "); and WHEREAS, said Applicant requests approval of a Tentative Map to subdivide 5.53 acres into a one -lot Condominium Subdivision, including 115 multi - family residential units, 4 mixed -use (residential /commercial) units, 1 commercial unit, 1 recreation building, 224 parking spaces and 1.94 acres of open space uses (the "Project ") on said Project Site; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was covered previously in adopted Mitigated Negative Declaration IS -06 -008. The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of subsequent documents have occurred; therefore, the Development Services Director has prepared an Addendum to Mitigated Negative Declaration IS -06 -008; and 3 -15 Resolution No. 2013 - PCS -12 -07 Page 2 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 WHEREAS, the duly called and noticed public hearing on the Project was held before the Planning Commission on November 20, 2013 in the Human Resources Training Room B- 111 and B -112 in Building C, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staffs' presentation; the Planning Commission reviewed and considered the Addendum to Mitigated Negative Declaration (IS -06 -008) and associated Mitigation Monitoring and Reporting Program, and the application for the Tentative Map (PCS- 12 -07); and WHEREAS, the Planning Commission of the City of Chula Vista after considering all evidence and testimony presented voted X -X -X -X to adopt the Addendum to Mitigated Negative Declaration (IS -06 -008) and associated Mitigation Monitoring and Reporting Program, and to approve the Tentative Map (PCS- 12 -07), based on the findings and in accordance with the conditions of approval contained herein. NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it does hereby find and determine as follows: II. ENVIRONMENTAL REVIEW That, in the exercise of their independent review and judgment, the Addendum to Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS- 06 -008, in the form presented, has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista and does hereby adopt the Addendum to Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS -06 -008. III. WAIVER OF PUBLIC FACILITIES FINANCING PLAN That pursuant to Chula Vista Municipal Code (CVMC) 19.09.050, the Planning Commission 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. That pursuant to Government Code Section 66473.5, the Planning Commission hereby finds that the Tentative Subdivision Map, as conditioned herein for the 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 MUR and the Project would provide a mixed use development of 115 multi — family residential units, 4 mixed -use live /work 3 -16 �v Resolution No. 2013- PCS -12 -07 Page 3 units, and one 755 square -foot commercial unit, at a density of 21.7 dwelling units per acre, which is within the allowable density and permitted number of dwelling units. The Project has direct frontage on Third Avenue, which is designated as a 4 -lane Class 1 Collector Street in the General Plan. This street 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 area 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 in the area. 2. Economic Development The Project will provide 119 new, high - quality, energy- efficient multi - family homes that will enhance the image and appearance of the neighborhood, help revitalize the commercial businesses in the area, and create jobs related to the construction and the use of the project, that will benefit the local economy. The location near the intersection of Third and L Street will provide convenient access for residents to nearby public transportation, jobs, schools, and commercial services. The Project will provide new for -sale multi - family housing and mixed use units in a commercial area that will improve the housing mix and enhance residential and commercial opportunities in the neighborhood. The redevelopment of vacant land will also increase the amount of property tax revenue to the City. The project will be constructed using green building and landscaping features that comply with the Cal Green Building Standards, and the City's Increased Energy Efficiency and Solar Ready Ordinances. Thus, approval of the Project will help achieve 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 Rice Elementary School, within the boundaries of the Chula Vista Elementary School District. The Project is also within the attendance area of Chula Vista Middle School and Chula Vista High School, within the Sweetwater Union High School District. Both school districts 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 an existing 8 -inch public sewer main line located along the southwest property line of the Site. New sewer laterals are proposed to service the four multi - family buildings and the community building. 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 and Fire Departments have reviewed the proposed 3 -17 Resolution No. 2013- PCS -12 -07 Page 4 subdivision for conformance with City policies and have determined that the proposal meets those standards. The proposed Project would not induce significant population growth, as it is a residential infill project and would not adversely 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, as amended in the future, and therefore energy - efficient homes will be developed. 4. Housing The Project is consistent with the density prescribed within the MUR General Plan designation and CC/Mixed Use zoning, and will provide additional opportunities for high - quality, market -rate multi - family residential home ownership in the southwestern portion of the City. The Site is subject to the Balanced Communities — Affordable Housing Program of the City's Housing Element. For all new residential projects consisting of 50 or more du's, 10% of the units shall be affordable to low and moderate income households, with 5% for lower income and 5% for moderate income. In September 2012, the City adopted implementation guidelines which include provisions that a waiver of the inclusionary requirement can be granted within the designated census tracts defined as the "Area of Low /Moderate Income Concentration." Because the Project site falls within the area of Low/Moderate Income Concentration, staff recommends that the inclusionary requirement of the Balanced Communities— Affordable Housing Program be waived for this Project. 5. Growth Mana ement 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 services, facilities, or phasing needs that warrant the preparation of a Public Facilities Financing Plan. 6. Environmental The Project includes multi - family homes with active and passive open space that exceeds the minimum common usable open space requirements of the CC/Mixed Use zoning. The Project Site is located adjacent to Telegraph Canyon Creek, and the 100 - year floodplain lies along the western edge of the Site. The Project will be designed so that no construction or grading is proposed within the floodplain, and all areas within the floodplain will be used as open space. The Development Services Director has prepared an addendum to the approved Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS -06 -008, in compliance with the California Environmental Quality Act. Potential significant impacts to Air Quality, Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality and Noise will be mitigated upon completion of the Mitigation Measures specified in the Mitigation Monitoring and Reporting Program for the Project, which are required prior to issuance of the final map, grading plan, or building permits for the Project. The Development Services Director finds that the development of the site is consistent with the goals and policies of the City's Conservation Element. 3 -18 Resolution No. 2013- PCS -12 -07 Page 5 B. That pursuant to Government Code Section 66473.1, the configuration, orientation, and topography of the Site allows for the optimum siting of buildings for natural and passive heating and cooling opportunities, and the development of the Site will be subject to Building Permit review pursuant to the 2010 California Building Code as amended and updated, including Cal Green Building Standards, the City's Increased Energy Efficiency and Solar Ready Ordinances, to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. That pursuant to Government Code Section 66412.3, the Planning Commission 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. That the Site is physically suited for residential development. The proposed Project design and construction takes advantage of the topographical characteristics and features of the Site to create a project that makes full utilization of the land and locates the buildings, parking and open spaces close to the street for easy access and next to the Creek and natural areas, where the residents can have views of the City and enjoy the natural and improved open space amenities. The Project proposes to develop a vacant property which was previously developed with three single - family residences, and is located adjacent to an existing public street and existing commercial and residential development. As conditioned, the Project conforms to all standards established by the City for a multi - family residential development. V. 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 -07, located at 912 -944 Third Avenue. VI. SPECIAL CONDITIONS OF APPROVAL A. The conditions imposed on the Tentative Map approval herein are approximately proportional both to the nature and extent of impact created by the proposed Project. 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/ DEVELOPMENT SERVICES 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. DQ1711. 3 -19 Resolution No. 2013- PCS -12 -07 Page 6 3. The Applicant shall implement, to the satisfaction of the Director of Development Services and the City Engineer, the mitigation measures identified in the Addendum to Mitigated Negative Declaration (IS -06 -008) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project, within the timeframe specified in the MMRP. 4. Applicant shall obtain approval of street addresses to the satisfaction of the Director of Development Services. 5. Driveways shall be designed to be a minimum of 24 ft. wide for two -way driveways and 20 feet for 1 -way driveways /fire - lanes. A minimum backing distance of 24 ft. is required for parking areas. 6. The Final Map shall include separate lots or easements delineating the open space to be maintained by the Applicant, Homeowner's Association or other entity, including active recreational areas, slopes, landscaping, bio- retention areas, and disturbed wetland resources, to the satisfaction of the Director of Development Services. 7. Any modification of the Project design that impacts jurisdictional waters and/or disturbed wetland resources may require additional review for compliance with the California Environmental Quality Act, permits from the U.S. Army Corps of Engineers or California Department of Fish and Game and U.S. Department of Fish and Wildlife, and approval of a Revised Tentative Map and/or Design Review Permit modification. 8. Prior to issuance of the first Building Permit for the Project, the applicant shall obtain approval of Design Review Permit DRC -12 -17 and construct the project in compliance with the approved DRC -12 -17 plans and conditions of approval. LAND DEVELOMENT DIVISION /GENERAL COMMENTS AND FEES: 9. The following fees shall be payable prior to issuance of Building Permits, based on the Final Building Plans submitted: a. Sewer Connection and Capacity Fees b. Traffic Signal Fees c. Public Facilities Development Impact Fees (PFDIF) d. Western Transportation Development Impact Fees (WTDIF) 10. Additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule shall be required for the submittal of the following items: a. Grading Plans b. Street Improvement Plans c. Final Map 3 -20 Resolution No. 2013- PCS -12 -07 Page 7 11. Payment of the Park Acquisition and Development (PAD) Fee per dwelling unit shall be paid 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 $7,495 for each Multi - Family Residential dwelling. The PAD Fee is adjusted on an annual basis each October 1 based on the Engineer Construction Cost Index. The payment of the 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 $891,905 (119 @ $7,495 /unit). GRADING AND DRAINAGE: The following conditions shall be satisfied prior to approval of the Grading Plan for the Proj ect: 12. The Grading Plan shall indicate the location of the floodway boundary and demonstrate that no construction is permitted within the floodway. 13. The Project shall comply with Chapter 14.18 (Floodplain Regulations) of the CVMC. 14. 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: a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. b. 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 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. c. Drainage study shall also demonstrate that no property damage will occur during the 100 -year storm event. d. All onsite drainage facilities shall be private. e. Any off -site work will require Letters of Permission from the property owner(s). 15. Retaining Walls: a. All retaining walls shall be noted on the Grading Plans and include a detailed wall profile. b. Structural wall calculations shall be submitted 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. c. Retaining walls that will be part of a building wall shall be approved as part of the Building Permit for the Project. Y_ 3 -21 Resolution No. 2013- PCS -12 -07 Page 8 d. Retaining walls around trash bin (if any) shall be noted on the Grading Plans and called out per standard. e. Plans shall detail how retaining wall drains tie into the drainage system. STORM WATER MANAGEMENT: The following conditions shall be satisfied prior to approval of the Grading Plan for the Project: 16. This Project shall comply with all requirements of the Chula Vista Development Storm Water Manual (Storm Water Manual) for both construction and post - construction phases of the Project. Prior to issuance of the first Building Permit, documentation shall be provided, to the satisfaction of the City Engineer, to demonstrate such compliance. 17. 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. 18. A complete and accurate Notice -of- Intent (NOI) shall 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. 19. The trash enclosure area(s) shall be covered with a solid roof or awning to avoid contamination of runoff. The Site shall be graded in such a way as to prevent run -on into, and run -off from, the trash enclosure area. The location of the trash enclosure area(s) shall be shown on the Grading Plans. 20. All on -site storm drain inlets and catch basins shall be provided with permanent stenciling and signage according to City of Chula Vista Standards to prohibit illegal discharge to the storm drain system. 21. Owner shall 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. 22. Owner shall 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. 3 -22 Resolution No. 2013- PCS -12 -07 Page 9 23. "In- stream" treatment systems shall be constructed outside of the waters of the United States, per Section 40, C.F.R. 13 1. 10 (a). PUBLIC IMPROVEMENTS: The following conditions shall be satisfied prior to approval of the Final Map for the Project: 24. 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: a. Removal and replacement of any broken or damaged curb, gutter, and sidewalk per SDRSD G -2, and G -7 along the Project's frontage to the satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions. b. Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk c. Installation of 2 driveways meeting design standards as shown in Chula Vista standard detail CVCS -IA. Dedication of right of way as needed in order for driveway to comply with American Disability Act (ADA) requirements. d. 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. e. Installation of all sewer laterals per SDRSD 5 -13. f. Provide utilities trenching and restoration per CVCS No. 3 and No. 4. g. Sewer lateral and storm drain connections to existing public utilities. The Public Works Operations Section will need to inspect any existing sewer laterals and connections that are to be used by the new development. Laterals and connections may need replacement by Applicant as a result of this inspection. 25. All new utilities and existing utilities located within or adjacent to the subject property shall be underground pursuant to CVMC 15.32. 26. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 27. Any improvements in the right -of -way beyond the Project limits shall be designed and constructed as to not interfere with adjacent businesses, as approved by the City Engineer. 3 -23 Resolution No. 2013- PCS -12 -07 Page 10 28. The construction and completion of all improvements and release requirements shall be secured in accordance with CVMC 18.16.220. SEWER: 29. Plans shall provide 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 Project. Laterals and connections may need replacement by Applicant as a result of this inspection. 30. For the proposed private sewer facilities, manholes shall be used where 6" mains or larger are connected to public sewer. 31. Plans shall provide a sewer easement to connect to the offsite manhole to the south, as determined by the City Engineer. PRIVATE ONSITE IMPROVEMENTS: The following conditions shall be satisfied prior to approval of the Improvement Plans for the Project: 32. 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. 33. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. MAPPING: 34. Per City of Chula Vista Standard Drawing CVD- ST -02, Third Ave. is classified as a Class I Collector with a half -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 Third Ave. prior to obtaining a Construction Permit for the Street Improvements or a Building Permit for the Site. Developer shall submit street dedication documents prepared by a Registered Civil Engineer or licensed Land Surveyor. 35. Prior to the approval of the Improvement Plans or issuance of the first Building Permit, as determined by the Director of Development Services, the Developer shall grant to the City of Chula Vista an 8 -foot Landscape Buffer Area Easement along Third Ave. per Chula Vista Design Standards CVD -ST -02 for a Class I Collector. 36. The Developer shall provide an Irrevocable Offer of Dedication (IOD) for drainage and other Public purposes to the City of Chula Vista from the Project boundary to the 100 3 -24 Resolution No. 2013- PCS -12 -07 Page 11 Year flood plain limits. The IOD must be shown and recorded on the Final Map, Final Parcel Map, or through a separate instrument. An Encroachment Permit shall be obtained from the City of Chula Vista for all proposed improvements resulting in maintenance work within the IOD. 37. Approval of a Final Map shall be required to create the proposed 120 units. The form and content of the Final Map shall be in accordance with the City of Chula Vista Subdivision Manual. The preparation of the Final Map must be under the direct supervision of a Registered Civil Engineer. A Registered Civil Engineer stamp must be included on the Final Map. 38. Prior to Parcel Map, Final Map, Grading or Street Improvement Plan approval, the Owner /Applicant shall upload copies of the Street Improvement Plan, Grading Plan, Final Map and Site Improvement Plan in digital format such as AutoCAD DWG or DXF (AutoCAD version 2000 or above), ESRI GIS shape file, file, or personal geodatabase (ArcGIS version 9.0 or above). The files should be transmitted directly to the GIS section using the City's digital submittal file upload website at http: / /www.chulavistaca.gov/goto /GIS. The data upload site only accepts zip formatted files. CC &R' S 39. Prior to approval of the Final Map, the Applicant shall submit Covenants, Conditions & Restrictions (CC &R's) to the Director of Development Services for approval by the Director of Development Services, City Attorney and City Engineer. Said CC &R's shall include the following: a) Indemnification of City for private sewer spillage. b) Listing of maintained private facilities. C) The City's right but not the obligation to enforce the CC &R's. d) Provision that no private facilities shall be requested to become public unless 100% of the homeowners and 100% of the first mortgage holders have signed a written petition therefor. e) Maintenance of all walls, fences, lighting structures, paths, recreational amenities and structures, sewage facilities, drainage structures and landscaping. f) Implement education and enforcement program to prevent the discharge of pollutants from all on -site sources to the storm water conveyance system. g) Identify if any common lots, driveways, or private facilities are proposed, or if one sewer lateral is serving multiple units. 40. Said CC &R's shall be consistent with CVMC 18.44, and shall be recorded concurrently with the Final Map. CHULA VISTA MUNICIPAL CODE REQUIREMENTS (ENGINEERING): The following conditions shall be satisfied prior to approval of the Improvement Plans for the Proj ect: 3 -25 r Resolution No. 2013- PCS -12 -07 Page 12 41. Any private facilities (if applicable) within public right -of -way or City easement will require an Encroachment Permit prior to issuance of the first Building Permit,. VII. 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 bar 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 similar 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. VIII. 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 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. ' ,h Signature of Applicant Date Signature of Property Owner Date IX. 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 3 -26 Resolution No. 2013- PCS -12 -07 Page 13 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. X. 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. BE IT FURTHER RESOLVED, that the City of Chula Vista Planning Commission does hereby approve the subject Tentative Subdivision Map (Chula Vista Tract. No. 12 -07) to combine multiple parcels into one for 115 residential units, 4 live /work units, and one commercial unit for individual ownership located at 914 -944 Third Avenue subject to the conditions of approval contained herein. Presented by: Kelly Broughton Director of Development Services 3 -27 - A Approved as to form by: Glen R. Googins City Attorney NMI NOINTIalmd "ATO 3-28 Exhibit A too M* LP*4 Rwro POS42-07, PLANNING COMMISSION RESOLUTION NO. DRC -12 -17 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING DESIGN REVIEW PERMIT DRC- 12 -17, SUBJECT TO THE CONDITIONS CONTAINED HEREIN, FOR THE CREEKSIDE POINT PROJECT IN THE CENTRAL COMMERCIAL ZONE CONSISTING OF 115 RESIDENTIAL UNITS, 4 LIVE /WORK UNITS, AND ONE COMMERCIAL UNIT ON APPROXIMATELY 5.5 ACRES LOCATED AT 914 -944 THIRD AVENUE I. 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 5.53 acres located at 912, 930, 942 and 944 Third Avenue, as identified in County Assessor Records as Assessor's Parcel Numbers (APN) 619- 010 -04- 00, 619 - 010- 38 -00, 619- 010- 42 -00, and 619 - 010 -56 -00 (the "Project Site "); and WHEREAS, on December 12, 2012 duly verified applications requesting approval of a Tentative Subdivision Map (PCS- 12 -07, Chula Vista Tract No. 12 -07), Design Review (DRC- 12 -17), and Preliminary Environmental Review (PER -12- 003),' were filed with the City of Chula Vista Development Services Department by Creekside Vistas, LLC ( "Applicant" and "Owner "); and WHEREAS, said Applicant requests approval of Design Review Permit DRC -12 -17 to construct a mixed use project on a 5.53 acre site, including 115 multi - family residential units, 4 live /work units, 1 commercial unit, and one common recreational building, 224 garage, carport and open parking spaces, and 1.94 acres of. active and passive open space uses (the "Project ") on said Project Site; and 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 subject property, at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the Planning Commission of the City of Chula Vista on November 20, 2013 in the Human Resources Training Room # 111 & 112, Building C, Chula Vista Civic Center, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staffs' presentation; the Planning Commission reviewed and considered the Addendum to Mitigated Negative Declaration (IS- 06 -008) and associated Mitigation Monitoring and Reporting Program, and the application for Design Review Permit DRC- 12 -17; and WHEREAS, on November 20, 2013 the Chula Vista Planning Commission in the exercise of its independent judgment, as set forth in the record of its proceedings adopted the Addendum to Mitigated Negative Declaration (IS -06 -008) and associated Mitigation 3 -29 Resolution No. 2013 -DRC 12 -17 Page 2 Monitoring and Reporting Program, and approved Tentative Subdivision Map (PCS- 12 -07, Chula Vista Tract No. 12 -07), for the subject project; and WHEREAS, the Planning Commission of the City of Chula Vista after considering all evidence and testimony presented voted X - X -X -X to approve Design Review Permit DRC - 12-17, based on the findings and in accordance with the conditions of approval contained herein. NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it does hereby find and determine as follows: II. CONFORMANCE WITH CITY DESIGN MANUAL That Design Review Permit DRC -02 -017 is in conformance with the City of Chula Vista Design Manual and Landscape Manual. 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 Design Review Permit DRC -12 -17 consisting of the approved Site Plans, Floor Plans, Building Elevations, Roof Plans, and Concept Landscape Plans date . III. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the Design Review Permit approval herein are approximately proportional both to the nature and extent of impact created by the proposed Project. 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 first Building Permit, unless otherwise specified: GENERAL /DEVELOPMENT SERVICES 1. The Applicant shall obtain approval of Tentative Subdivision Map CVT -12 -07 (PCS -12- 07) and a Final Subdivision Map for the Project prior to approval of building permits in reliance on this Design Review Permit approval. 2. The Applicant shall implement, to the satisfaction of the Director of Development Services and the City Engineer, the mitigation measures identified in the Addendum to Mitigated Negative Declaration IS -06 -008 and associated Mitigation Monitoring and Reporting Program (MMRP) for the Project, as amended herein, within the timeframe specified in the MMRP. 3. The Applicant shall pay in full any unpaid balance for the Project, including Deposit Account No. DQ 1711. 4. Prior to issuance of the first Building Permit for the Project, the Applicant shall comply with applicable provisions of Chula Vista Municipal Code (CVMC) Chapter 8.24 - Solid Waste and Litter, and Chapter 8.25 — Recycling, related to mixed - use /multi - family residential development projects, to the satisfaction of the Department of Public Works, 3 -30 Resolution No. 2013- DRC12 -17 Page 3 Environmental Services Division. These requirements include, but are not limited to the following: a. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the Project. b. The Applicant shall design the proposed trash enclosure(s) to comply with the Recycling and Solid Waste standards for central collection bin services. c. 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. No construction shall be permitted in the 100 -year floodway. 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. Landscape Plans shall be prepared by a registered Landscape Architect and shall be consistent with the approved Concept Landscape Plan. The detailed landscape plan shall also provide the following: a. Provide an additional trail connection from the proposed recreational open space trail in the open space lot to the northerly portions of the open space lot to allow access and usability of the open space. The trail must be designed so that it does not cross the boundaries of the proposed bio- retention basin or the 100 -year floodway. b. Provide an enhanced landscape planter and landscaping at the southerly end of the parking lot along Third Avenue such as a raised, curvilinear planter bed constructed with decorative materials, or similar. c. The plans shall include a detailed drawing of the commercial /live -work entry plaza along Third Avenue. 7. Driveways shall be designed to be a minimum of 24 ft. wide for two -way driveways and 20 feet for fire -lanes. A minimum backing distance of 24 ft. is required for parking areas. A lighting plan shall be provided with the Building Permit submittal showing that lighting of all parking lots, pedestrian walkways, recreational areas, building entries and other public areas have been provided, including the addition of one light pole or fixture at the northerly driveway intersection, to the satisfaction of the Development Services Director. 9. Applicant shall submit a revised Site Plan with the Building Permit plans showing that the carport along the intersection of the northerly driveway and Third Avenue has been removed. 3 -31 Resolution No. 2013 -DRC 12 -17 Page 4 10. The design of the carports shall be enhanced by providing additional architectural detail of the wood fascia. BUILDING DIVISION 11. The Applicant shall submit and obtain approval of Building Permit(s) 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 per CVMC 15.12, 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. 12. Applicant shall provide a Building Code Data Legend on the title (first) sheet of the Building Plans. Include the following code information for each building or space proposed: a. Occupancy Group classification, CBC Ch. 3. b. Type of Construction, CBC Ch. 6 c. Type of Fire Sprinklered per CBC Ch. 9. (Full 13, 13R, 13D, not sprinklered) d. Proposed and allowable Floor area, CBC Table 503 e. Proposed and allowable Number of Stories f. Proposed and allowable Building Height CBC 502.1 g. Provide calculation for Area and height increases h. Mixed use Area Calculation for multiple occupancies 13. Applicant shall provide a Site Plan with the Building Permit including dimensions of distances from building to all property lines, street centerlines, and adjacent existing or proposed structures on the Project Site. 14. Exterior walls shall have a fire- resistance rating per CBC T -601 & T -602. Exterior wall openings are limited and shall have fire protection rating per CBC Ch. 7 15. When buildings contain more than one occupancy group the building or portion thereof shall comply with C$C Sections 508.3.1, 508.3.2, 508.3.3, or any combination of these sections. 16. Building Plans shall comply with requirements for Disabled Access, including but not limited to: a. All common buildings and areas; b. Provide handicapped accessible units on the first floor, including live /work units; c. Clarify if parking is assigned or unassigned. LAND DEVELOPMENT DIVISION: 3 -32 Resolution No. 2013- DRC12 -17 Page 5 17. The following fees are payable prior to issuance of Building Permits, based on the Final Building Plans submitted: a. Sewer Connection and Capacity Fees b. Traffic Signal Fees c. Public Facilities Development Impact Fees (PFDIF) d. Western Transportation Development Impact Fees (WTDIF) 18. Applicant shall pay Park Acquisition and Development (PAD) Fees per dwelling unit as 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 $7,495 for each Multi - 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 the 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 $891,905 (119 @ $7,495 /unit). 19. The trash enclosure area(s) shall be covered with a solid roof or awning to avoid contamination of runoff. The Project Site shall be graded in such a way as to prevent run -on into, and run -off from, the trash enclosure area. The location of the trash enclosure area(s) shall be shown on the plans. 20. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. 21. Prior to Final Map approval, the Applicant shall obtain approval of street addresses to the satisfaction of the Director of Development Services. 22. Applicant shall submit a detailed wall /fencing plan showing that all Project walls and fences comply with applicable City of Chula Vista Design Manual and CVMC requirements. The plan shall indicate color, materials, height and location of freestanding walls and fences and be submitted 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 and landscaping, adjacent grading, landscaping, and sidewalk improvements, and the location of adjacent structures. Materials and color used shall be compatible with the building architecture. Fences and walls facing common areas, or located in exterior side -yards or in front yards facing public streets and sidewalks shall be constructed of decorative materials. Prior to issuance of a Building Permit for any proposed use of the commercial or live -work suites, other than a live /work office or residential use, Applicant shall provide a noise impact analysis or other evidence prepared by a qualified acoustical consultant, showing that these suites will be designed to minimize noise impacts to adjacent residential uses, and will comply with CVMC Chapter 19.68, Performance Standards and Noise Control, including interior and exterior noise thresholds, to the satisfaction of the Director of Development Services. 3 -33 Resolution No. 2013- DRC12 -17 Page 6 23. Prior to issuance of a Building Permit for any proposed use of the commercial or live - work suites, other than a live /work office or residential use, Applicant shall provide a noise impact analysis or other evidence prepared by a qualified acoustical consultant, showing that these suites will be designed to minimize noise impacts to adjacent residential uses, and will comply with CVMC Chapter 19.68, Performance Standards and Noise Control, including interior and exterior noise thresholds, to the satisfaction of the Director of Development Services. 24. Prior to approval of the first Building Permit for the project, the Applicant shall submit a noise report to the Director of Development Services, or designee, demonstrating that interior noise levels for the Project comply with CVMC 19.68.040, Interior Noise Limits. The noise report shall demonstrate that interior noise levels would be less than 45 dBA CNEL inside the habitable rooms of the dwelling units, and if interior noise levels exceed this level, the report shall identify additional measures necessary to ensure compliance. Notwithstanding the foregoing, to ensure that compliance with the 45 dBA CNEL interior noise level will be achieved, the design of the dwelling units must include a mechanical ventilation system in accordance with latest California Building Code to allow the windows of the dwelling unit to remain closed for extended intervals of time, to the atisfaction of the City Building Official. 25. Applicant shall obtain approval of a sign permit prior to construction of any proposed signage. FIRE DEPARTMENT: 26. A Fire Control Rooms shall be provided in accordance with Chula Vista Fire Department (CVFD) standards. 27. This project shall provide a fire flow of 3,750 gallons per minute for a 3 -hour duration (at 20 psi). 28. At time of Building Permit submittal, Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating that the above mentioned fire flow is available to serve the Project. 29. Illuminated Directory shall be provided for complexes. Location, size and designs of directory sign must be in accordance with Chapter 19.60 (signs) of the CVMC and the City Design Guidelines 30. The building(s) shall be addressed in accordance with the following criteria: a. 0 — 50 ft. from the building to the face of the curb = 6- inches in height with a f- inch stroke; b. 51 -150 ft. from the building to the face of the curb= 10- inches in height with a I- 1/2 inch stroke; 3 -34 Resolution No. 2013- DRC12 -17 Page 7 c. 151 ft. or more from the building to the face of the curb = 16- inches in height with a 2 -inch stroke. 31. Fire Hydrants shall be located along fire apparatus access roads and be spaced in accordance with California Fire Code Appendix C. 32. Fire apparatus access roads shall be provided for every facility or building and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. 33. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 34. Fire apparatus access road dimensions shall be a minimum of 20 feet in width and have an unobstructed vertical clearance of 13 feet 6 inches. This should be taken into consideration when selecting and locating trees adjacent to fire lanes. 35. Fire apparatus access roads shall be marked as Fire Lanes in accordance with CVFD standards. IV. 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 bar 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 similar 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. V. 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 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 3 -35 Resolution No. 2013 -DRC 12 -17 Page 8 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 Signature of Property Owner VI. CONSEQUENCE OF FAILURE OF CONDITIONS Date Date 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. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission 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. BE IT FURTHER RESOLVED, that the City of Chula Vista Planning Commission does hereby approve the subject Design Review Permit (DRC- 12 -17) for 115 residential units, 4 live /work units, and one commercial unit for individual ownership located at 914 -944 Third Avenue subject to the conditions of approval contained herein. Presented by: Kelly Broughton Director of Development Services 3-36 - Approved as to form by: Glen R. Googins City Attorney Mold-mv lawilag! MvIdws"ll MTR A WE 9 3-37 Exhibit A P- 3 -38 INLIS �ww- I LIN EM ffH.' Ai I ACHMENT I RMFOMPEPSM This Page Left Blank 3-40 SVII" S � 1Y ` 1+ k- s II 1 i I.L 4c fiI i r, un .v �.. N it b i ,1 1, ® ' ®,,t 1� This -Page Left Blank 3-42 Attachment 3 ,e Chula Vista LAND USE AND TRANSPORTATION ELEMENT �'. Vision CHAPTER 5 2020 8.4 District and Focus Area Planning Factors, Objectives, and Policies Five Districts have been identified within the Southwest's Montgomery Subarea, and are described in this section. This section also identifies proposals for change and improvement within the Districts and provides appropriate policies that will guide implementation of the vision for each District 8.4.1 South Third Avenue District Description of District The South Third Avenue District (Figure 5 -21) is a significant north /south commercial street that links several neighborhoods in the City. The District is generally located between L Street on the north and Palomar Street on the south. Existing Conditions Retail and services along Third Avenue support adjacent residential areas. Civic uses, including a post office and Lauderbach Park, are located near the intersection with Oxford Street Vision for District The South Third Avenue District is an area with neighborhood - serving commercial uses and good transit service for residents of the single - family and multi - family homes. It is an attractive area, with recent streetscape improvements and renovated building fa4ades, where residents enjoy walking to do their daily shopping needs or dine in a restaurant Some redevelopment along Third Avenue has introduced additional residential units above retail shops and professional offices. These physical improvements, plus the addition of more local- serving shops and a community center have helped to create a vibrant mixed use core in the Southwest Town Focus Area that has become a community focal point in the Southwest Planning Area. A transit station near the intersection of Third Avenue and Palomar Street, and a Bus Rapid Transit (BRT) route connect the Palomar Street Trolley Station with the eastern master planned communities and regional commercial centers. The transit station serves the Southwest Town Focus Area and provides additional transportation options for the area. Due to proximity to transit, residential densities are higher south of Oxford Street than north of Oxford Street Page LU -14( City of Chula Vista General Plan 3 -43 Southwest Planning Area South Third Avenue District s . UtAh Figure 5 -21 3 -44 Page LUT 147 CHU IIAM5rA F t M !:L /` s R r, a - 'T f z ' r F1RbFi]S`e0?RA1lSfT 1;TATIM If s . UtAh Figure 5 -21 3 -44 Page LUT 147 CHU IIAM5rA Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 r Redevelop the South Third Avenue District and create a vibrant, mixed use area along Third Avenue, between Naples Street and Orange Avenue. Policies LUT 41.1 Encourage the clustering of community- oriented services and amenities in and near residential neighborhoods, including a post office; schools; branch libraries; open space and parks; tot lots; and neighborhood commercial uses along Third Avenue, between Naples Street and Orange Avenue, to create a greater sense of community for the Southwest Planning Area. LUT 41.2 Provide for a bus rapid transit station near the intersection of Third Avenue and Palomar Street in concert with the establishment of a transit route connecting the Palomar Trolley Station with eastern Chula Vista. LUT 41.3 Conduct a special study to determine the precise boundaries for the Southwest Town Focus Area, generally between Naples Street and Orange Avenue along Third Avenue. Subsequent to the special study, prepare a specific plan to guide the future redevelopment of the Southwest Town Focus Area as a mixed use neighborhood integrating multi - family housing with office; retail; service; and community civic uses at a pedestrian scale where appropriate. Uses LUT 41.4 Encourage the owners of existing commercial shopping centers that contain chain grocery and drug stores to include additional uses, such as restaurants; entertainment; childcare facilities; public meeting rooms; recreation; cultural facilities; and public open spaces, which enhance neighborhood activity. LUT 41.5 Strive for a distribution of uses within the areas designated as Mixed Use Residential along Third Avenue within the Southwest Town Focus Area to include retail, office and residential, as generally shown on the following chart Page LUT-148 City of Chula vista General Plan ❑ Residential FA Retail ■ Offices 3 -45 LAND USE AND TRANSPORTATION ELEMENT LUT 41.6 Encourage multi - family with limited retail in the area designated as Mixed Use Residential south of L Streetand west of Third Avenue. LUT 41.7 Create a mixed use core with new residential and local serving retail in the area designated as Mixed Use Residential between Oxford Street and Palomar Street in the Southwest Town Focus Area that will serve as the focal point for the community in the Southwest Planning Area. LUT 41.8 Retain and enhance local serving retail uses in the area designated as retail between Palomar Street and Orange Avenue. Intensity /Height LUT 41.9 In the South Third Avenue District, residential densities within the Mixed Use Residential designation are intended to have a district -wide gross density of 30 dwelling units per acre. LUT 41.10 In the Southwest Town Focus Area, the commercial (retail and office) portion of the Mixed Use Residential designation is intended to have a focus area -wide aggregate FAR of 1.0. Subsequent specific plans or zoning ordinance regulations will establish parcel- specific FARs that may vary from the district- wide aggregate (refer to Section 4.8.1, Interpreting the Land Use Diagram, for a discussion of district -wide versus parcel- specific FAR). LUT 41.11 In the South Third Avenue District, excluding the Southwest Town Focus Area, the commercial (retail and office) portion of the Mixed Use Residential designation is intended to have a focus area -wide aggregate FAR of 0.5. Subsequent specific plans or zoning ordinance regulations will establish parcel- specific FARs that may vary from the district -wide aggregate (refer to Section 4.9.1, Interpreting the Land Use Diagram, for a discussion of district- wide versus parcel- specific FAR). LUT 41.12 Building heights on both sides of Third Avenue shall be primarily low -rise buildings. Permit low -rise buildings in the Southwest Town Focus Area. \1l� Page LUT-149 O,,,�A 3 -46 - Chula LAND USE AND TRANSPORTATION ELEMENT NMI ... Vista Vision CHAPTER 5 2020 Design LUT 41.13 Prior to or concurrent with the approval of the first specific plan or other zoning regulations in the South Third Avenue District, establish a design code that reinforces the safety and serenity of the area, and seeks to establish a coherent, aesthetic, international character to the Southwest Planning Area. LUT 41.14 The specific plan or other regulations prepared to guide development in this area shall address design issues that create a sense of place, a pedestrian - friendly environment, enhanced pedestrian linkages, and compatibility with the scale and feel of a cohesive neighborhood community. LUT 41.15 A specific plan or other regulations in the South Third Avenue District shall require of wide sidewalks, through -block paseos, and other appropriate design features that enhance the pedestrian environment to link high -use areas, such as the post office; library; park; or a concentration of shops, with transit stations or transit stops. Amenities LUT 41.16 Community amenities to be considered for the South Third Avenue District as part of any incentives program should include, but not be limited to, those listed in Policy LUT 27.1. 8.4.2 South Broadway District Description of District The South Broadway District (Figure 5 -22) extends from L Street to the City boundary at the Otay Valley. Existing Conditions The South Broadway District includes automobile services, major retail stores, and local- serving services for adjacent residential neighborhoods. Automobile - related /service repair shops currently exist on South Broadway from L Street to Naples Street and are not compatible with surrounding uses. Page LUT-150 City of Chula Vista General Plan 3 -47 3 -48 t 1. W I co CODE COMPLIANCE ..c [bp[ 1[[c> wrx p6YBx6 O.o.u.si Icwe trial BUILDIGN CODE DATA LEGEND Buu Dm TYPE I a 6w.ts =7 M) ur.. .w0 xowr pwNbs[s y.a.aoo .w r[bm W.LDBRT TYPE K ' � r:pu .ArA 4•h•(h•hl .9[. rr• x[w.s 94rn[rs6 ti- u.o99.1�x009 . a1 .a.>s.m9 r[a rvaw BIBLDING TYPE W b-h.fh•h) AK. uiO �oou 6•aus[6 A,.,vop9.ux999. :) b -x000 9[e Rom CLUBNOUBE CREEKSI DE P01 NTE C I T Y OF C H U L A V I S T A JUNE 24, 2013 DESIGN REVIEW RE- SUBMITTAL SET INITIAL SUBMITTAL: DECEMBER 11, 2012 CREEKSIDE VISTA, LLC RODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. RODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. r • a� PROJECT DIRECTORY y (: O W N E fl: MICNRECT: CREEKSIDE VISTA LLC. ROOILDUEZ ASSOGATES L GO AM MANAGEMENT, LLC. MCWTECTS B PLANNERS, INC. 5 MbtFI 80.0. SuII 409 2115 rlrm AK., Sul[ x20 Sue OK60. CuiORN. 92108 SW OEGO . [N([YwA 9x101 S (eyp) )p}2001 1u91 N[ -8951 (i19) N4 -8941 fAA �e CIVIL ENGINEER IANDSCAPE ARCKITECT___ REC CONSULTANTS. WC HOWARD B ASSOCIATES . f 2442 SEW1p A.E. x 12 SECOBD .K. •� Sul OE00. cuYCNU Mim .. OPoOA 9Nm A (619) 232-9— (612) D2-921G EAx (e 9)Ni,O- SHEET INDEX 39 r5.1 Yw cAiRw ak h.n s 9 e [x hw9•p o[[ �G av Attu 20E5 �B .o.v wr Puxs wrs c .v. Y1o0. fro[ • - [�n[v.�nu � § CITY APPROVALS AND REQUIREMENTS is .. nm.¢ i•w.[.[.rs roa [.w wr ro mw[[ .m oh .u1R. �'; I V I C I N I T Y M A P I CREEKSIDE POINTE C H U L A V I S T A - C A L I F O R N I A .K,2 CREEKSIDE VISTA LLC p m.W q •� Pa do AAA MANAGEMENT. LLC k7 TITLE SHEET 4 '[ AHrt 14. iai] SHEET TS I #: SUBMITTAL i Attachment 4. i ''. SITE NOTES 1. IIAE nsoRANrs MNL Bf 1OC11m X0I UMANR MW ]99 fE MWi. Qf[R m ax1 P1.1115 rM fWF XO9Wi [YJEBII / / � / - 2 ME IR1f1Ax rIRE MMIRM1r 9II MALL BO 6 Y 1- Y 1 -1/3' A 3 -I/Y. SITE LEGEND: / / % �P PvOP WINS ® 91OPN DER sP s(.iP SWL YT. iP ]. W RIWNAND MOC.1 MALL BE PNOMOED fwl 9E 99 PER CWC 1910 WA axWW.rs AEE oWlsofnm IK LAMPS. 9o1s xwL r P0SW0 m1POVM; m nE cvB nAxoAws Ypw . N9KAm9 A� xxE / /��I / PAM ? IAA9L W W NYWRPP %W 5. BuOWS MALL Y IROt10m WM IMO N11M APILAWZx 2 ! ` - PROMR A %1101 vwtl AE ➢[ YA91 fNR1NKF m R1E 9L90910. AW W1E Ai M rIEE lYxtRLL RW0 / ' / 6. xWx S MMl Y ABx[0Y0 M ILNRDwQ Wn WC fwLOWMC wORA1N -M / - B z:A, / . / - 0m fl. iWY AI[ aWD91c m x iA[E O- 91E clm • f NFIOIt A Y SNxE . St- 1x1 n. IWY ME BLAMIG m ME fAQ OF K axB . K x IOOST WM A I -In- SmfE _ r% j / �' �! �� �; - 151 R rR01 Dx 91WMx m H fAC[ a M CUSP • K x MOON WM A Y SOYF. .}Y / %' f / i LOT ). 96 MILE. 9VLL Z PWYCTEO MWUOnIT BT W APPAJYD w10W11C FNE SPRWFR mml. _ _. _ __ . �.. -2./ .j . /. /— _ _ _ _� �. Vr n A Ru CON9NIL W9Y 9ML Y PRDW9rn ra EAOI suucRxE MAr xAS A« wwuTr rAK SNWWU mm1 RR WOECT SMNL K MURD 91RO.IOIOUI BY w AwWW9 rAC AVAY SrsWI -' ti // / ! ' Iw 9N UOIRNG SMALL K P3mxm WM f9[E-firANUO Dol STAWN N MOW 0M ME xW 6 — u01AlIF0 11W1 SYRxFS '/ / / � 1, { 11. BNNYFS 6 PA90S ALOW AWN AKNS AK Wr Y K REGREW (PM SPACE M M EW11T B.vN1xS AW PAms ALbxC Am AgxP Als wnwE9 x'IWOAEm ax11 ssAa- 9Er MYl a vwsom WM /i / % % / —\ W //I9•R VR O SOHO ARNWBW I[/ -9RES 13. UYS x fY00P¢1L YAO.S MAIL BE 9E>A %IIO PW OfOPNWT. S0.vx Ntl UYS AS 0[SMFD x r 9V W[ W1F0 >%S ! / / v=ACwrs•CAL Il PR1AC m sMAx[E O BIRMx PDA91i. NPMY CONEROILJIA[ YOPA 11Y5 MAIL BE YExOWU m Wwx NN cm YwACrs TD ADPCrxI RE90M9K usz AxD xwl snot EWGKF MDWx9 wIPUYK[ Ww cwc DuPxx u.sa PFm09uu1CC STNONWS A. NYY CO1x0L 10 01E MAYwRM 0r 0R xKIfPUFNI YRMC6 MIECIW / - SITE LEGEND: �P PvOP WINS ® 91OPN DER sP s(.iP SWL YT. iP / / Ypw . N9KAm9 A� xxE / /��I 1 PAM ? IAA9L W W NYWRPP %W - I'(�IT1'•'• / VE , PAS" RECREATIONA -I,- / AREA '2O - I i I 1 � LOT / Ac POOL COURT 9' -aF I PARKWC-1 STALLS TO SERVE 11 AS BULKY TRASH COl1ECTKM AREA / ON UE DON A OAT$ / 10' FRONT SETBACK ME LKHTWG, TTP. REFER TO CIWL PLANS FOR ADOIINMAL WFORYANON. RASH ARCHITECTURAL SITE I I ml .30 1 swart i 1 ONO U El I I 1 p.0. 1 m CA 414 I I 1 i I 1, i 7 ,I I I I I I.I PROICATE$ I POOP. lE3]`LEI I I A Z i OSLW I I I �I I I I 1 �I I I I I I I . I 1 I I i 1 I I I I I I N RTH I SCALE: I" 30` !PL!AN! ■jy RODRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC WSIAIN rN iw lx[W Urro OM SNxu kM waN51. AK. R I, M SITE DATA :E APPLICANT: } CREENSOE NI•MI aLL%a ::; c/e AAA WMAGEIENT. I LLC`"Penv ry siRA2fE RO9. SuY 409 Ax wEGD. cA 1m �£ SITES ADDRESS: 'r 9 0Wm A-.. CN1aA 91SI1 CA 95911 Y ZONING: CcP (CENTRAL cOYYER "•, PRC-- PLAN) A.P.N. NO.S: SETBACKS: 619-010 -04. A 42 56 r„plr: 10' -0- Fn LAND AREA 6 -al smE: 11 -G . u GROSS AREA 5,5 AC. RN1R SOS: 0' -0- XB NET AREA = 3.8 AC. REAR 0 -0- x HEIGHT LIMB " S „E'"n:L uY: C9 .5 57th ; SITE DENSITY:, GROSS AREA: 120 / 5.529 ACRES 21.7 U/A NET AREA: 120 / 3.040 ACRES 31.2 U/A BUILDING MIX: k 26 -KE% ­EN IL BLDG 29-PCLUOES )55 Y N CI]WUERC3N IE% RESOENDAL YDG,S t pl- PLC %RE90EN x. B—s ECRCAOON BLDG. (3.9fi8 SP) ++ TOTAL NWABER a BUMMNGS - 5 H UNIT MIX: y� 1 (iFOflODII L wT5 (5� M MPROxI '> 'L + WSPORY E1fP�ER UWIS (!(1000 .200 {, xuuBER OF uwrs: 559 PARKING REQUIRED: d+ f' z6EDRODW -TS: x Ls e BEDROOx uN1 3 ib px BEOROON UW TS 30 % 3 - C, BOW. SNOPINFPER W9rs k . x 1.5 B YT TONYERC/2L. SPACE PER 200 Y .. 15 Sr 1% - DIAL NuuBER REWWED: PARKING PROVIDED: OEACJPD —A. PAA %WC E' csu «. ] Nmoge�d TAOED CARPgtI PARMNG f9n 1 11 o (C(Ix:N PARNNC - SINOJAO SPACES B] C1TN PwXwG- CgwKI SPACES 25 r,� T01AL NUNTER SPACES PRONGED: S i USABLE OPEN SPACE REQUIRED: P UNITS: 2 T,6W 00 BDR= » '4D 1 1 SG ]BE.—UWTS. 3: % ST - 1002100 0SP '.. 1 [ORY /SNOPNEEPfR -T. S 1M W Y - Sf j7 TOTAL NULIBER RED-ED - 50.640 SP §a USABLE OPEN SPACE PROVIDED - APPROX: w =1 AI (S 111-) 29 % 61 1 - 5." uwi BO CI (2 RM.) 34 X 23 Y 2.482 P1 POVATE OPEN SPACE —TOTAL - 4.]36 ADJACENT OPEN SPACE - WEST 541E - 03.895 S' - -C. MACE TOTAL N:- Yf CREEKSIDE POINTE 15 CHULA VISTA - CALIFORNIA S5 CREEKSIDE VISTA LLCM wN�9Nx c/o AM MANAGEMENT. LLC Wxa c. -4 ARCHITECTURAL SITE PLAN' 9 EI;�cAp ••` «;1. 25. 2BU sNEEr � J � X7. W W CODE COMPLIANCE moE fsvcl crt (sxi ccCF (cln w�vE cccusww.s .xo v1E oiml wY••c Yvu]u¢ Iss•c rs.s31 BUILDIGN CODE DATA LEGEND SIADSIG TYPE I �sr sm•b - h•h`Wh) AvEw wlwrlxaEws(s .�- 1zmv..11zaay.xl _ SULLDING TYPE Y A.-h•Whl w•A Aw Wsa( wrn(.xs. ti- x�rl�•zomvw. v) BINLDWO TYPE W IT- 4- h.(h•Ad rAEw w wswr sxxAssz .� -xsss v(v sww Cl11SHOU5E CREEKSIDE P01 NTE C I T Y OF C H U L A V I S T A Attachment 4 IF= RODRIGUEZ ASSOCIATES R' :. ARCHITECTS &PLANNERS, INC. sµ pKO,u YW waysl YW ww•11w - PROJECT DIRECTORY O W N E fl: ARCHITECT: c CREEKSIDE VISTA LLG RODRIGUEZ ASSOCIATES aY AM MANAGEMENT, LLC. ARCHITECTS l PLANNER&, INC (vAlFF RY.O, SivR vv9 K. SuiF 33v V. SAx qEW CAU(gWA vNOV ]I(fYFtA ,•CNftlnvA vi101 (bv8) ns-mas liR) 53s -essl (sss) 5.1 -s(R (wx CIVIL ENGINEER UNOSCAPE ARCNRECT_ S REC CONSULTANTS, INC, HOWARD A ASSOCIATES w; .] vE[Pro AK `` vv3NEfA, CufWWWA vxlW ] NEW CAWgvYA (2101 3 J (Blv) xn -s]W lns)]>x.sNY (wx 1(191 nYS661 ;Ib SHEET INDEX" All rs mss. swxl - Azs •nc. m(. - u1. Yx.ASws y. cz r..www i..s �y as YuxAC sr.Ela.s _ s y6 ( sawvs - wrs c us vua mE • - «t uxrAw c .s.> w sv.NS r• •tic r wec sreE vvs-' s Vi A.. s1o< rm 1 m CITY APPROVALS AND REQUIREMENTS 1. sxuAa ]•a,NE.ars .a uu �w1 m unr •w on rYxr. e`' a I VICINITY MAP I JUNE 24, 2013 i4 =t DESIGN REVIEW RE- SUBMITTAL SET T. _ In MAIN _ INITIAL SUBMITTAL: DECEMBER 11, 2012 v ® I CWXA VISTA CNIEOPNIA CREEKSIDE VISTA L LC CREEKSIDE POINTE i C H U L A V I S T A - C A L I F O R N I A CREEKSIDE VISTA LLCuWw. mow• w do AM MANAGEMENT, UC TITLE SHEET R'QDRIGUEZ ASSOCIATES ARCHITECTS & PLANNERS, INC. I -- w - oAVC IJNC N. iOU SKEET TS �� i 'RODRIGUEZ ASSOCIATES ARCHITECTS & PLA SITE NOTES: NNER5, INC sL 4. ...... S I T E D A T A Fli RA RECY V APPLICANT. AT W OWE— ­11 z, �/DIAAA.. 1­1 Ll cane y j 14 y FREE - =T M. �fE R AD. ­ 409 A 01CAN ITE ADDRESS: —A / l 0 A.P.N. NO.S: SETBACKS: .1-1-4. - 12 F—T! DE _.___k_AAl.. LAND ARE —A--- K GROSS AREA 5.5 AC. w NET AREA 3.8 AC. a-, HEIGHT LIMIT: STORIES Ao cENCr To 55 SITE LEGEND: r SITE DENSITY: 12D 5�1411 ACRES 21.7 U/A '4' MOSS AREA: C 31.2 U/A NET AREA: 120 3 a Ac ji IA. BUILDING MIX: P� ­­ — .11. .-- ­�S 755 Y Of C—Ra& ­A— D- a UNIT MIX: 12 BE— Mj_) 4. r o 11 Li 3 — —M l00 Y TOTAL U­: _of A PARKING REQUIRED: PASS)' I., x I I.5 -T w E aB EME0klDQtjAL AREA TOT OW 24 755­ 1 SPA PER SF 4 SF 1/300 - 3,. i­ — ­D: = 224 PARKING PROVIDED: Ml= 4o .7 T=.l SPA.. 25 N NSER SPIC 5 PRO-0: 224 USABLE OPEN SPACE REQUIRED: T. 1. 1 80— R 1 .21 1 2 �311 : ;, 4 X ./SHOPKEEPER U-5 joTAL N-80 REOURED. 50,640 SF - �PARKwc I I I USABLE OPEN SPACE PROVIDED - APPROX: STALLS 10 SER AI (1 29 X 64 AS BUSY TRASH Ni U Cl (2 BORN.) 34 X ?a V 3.482 5F COL CROW AREA I I P.. OPEN SPACE ­TDIAL ON DESIGNATED DAM AD— OPEN —T SRE aJ,09s SF A. T.— ASH RM, lOr FRONT — SETBACK 16 CREiKSIDE POINTE CHULA VISTA- CALIFORNIA 11 POLE UGiRC. TYP. �j nfjR TO OW PLANS CREEKSIDE VISTA LLC FOR ADURONAL NFORMA�. MANAGEMENT. LLC do AAA IN, P. ARCHITECTURAL SITE P N R_H F-mg_ SCALE: 1' =i 30r T�al. SITE ;PLAN; I : ARCHITECTURAL S can W w Cn I 3EOAT DESCRDSTION RroY rW2H(Y/I N' LOr514 fA K AM M 6 9w19tW SFCP9N I W O uMA 9ftA N HK WWK Cr pfCCROFF R't0l R?F WWII. YAR(A1 Il 19e1 CKSQReY AS fk1MfiF9 N HC atYr er HL WCNK PuPHWC H19ir /Hw our NlH9v oo'stwro As rwiowa NAr P09Aw O° 1pr L 4 wARi6f SCCaw r20 K G9AA YSR N HK WNK T SAM 9tm. SIAH: W CAI)OHIA AC{TwOMe W RM P41Ya� b0. p9a Rtm N OIC N)kY Lr PK CCLLtrc KWVttl N SAR oF90 cawn, uaaar u 1ma nnlao w nur I:uu 9rue9LV N Lrro m Awa Wrwx sr uK �c'P F9IX4)W:R ]I. uM A9 wsW M6 )9 -SIn16 Q` NFGY N:CLWOS W Sl0 C4wrr Loxir MM nE9wW0 As rouo EXISTING EASEMENTS, eAIlwrr na Nwra ar rm uK caum+c9w am uWaauw9r of nwEa f.xAls a ;ta.9uu;u, cwwuo er 9Rn raw nurN A ImuNt Aro ruIKW c KaWUI. m ImnA1z Noafii WIGS f69AVr. A tOWl1RA99`L OAIfH awE 4 160. Wn aEC6HY0 OCfO A N. NI N 9IXw ). v.A4 1t2 ? CQ➢a. HiE waxs /Gf 1{w wwnE rNf 9WF aARS:9 M9IAHY rit'sls v a v1 9K cs11Ln A rAHH un ratNwt cawAxr.. LnvwAUCx. HK LouwN � aK rASEwWr ruw9r x HLxaLwxo raw xrm xraawwL ' FLOOD NOTE: -_ CONDOMINIUM NOTE: HHS 4 A Cw90WElYl faaKCi A9 CEiYKD w .YLIINI 1,M9 Et SFa W HK Olt CfgC ' � HIE al Q: 6 CAL60a'!A .vn 6 1E0 PLN9lAMI ro Ht SLNYW90.t u.V ACT. roru awwaR a wEUUw uw)s rzo- A.{wEH 0r E U, lOR NNeff Y aa9VC1f9 LOR t ARK ADDRESS X19- 0 O1.*1IN InO�O{r. 111. 11 k % bu.�irM u wf0� . Z —­ n•uSssnra i ECEND /ABBREVIATIONS' wAw pr nN+H9u1 FNwOi+HTE ,.. �u.Sv r. ARf 6L AfRfY ��� t rnrocavEMimrui' AExu s�Wm s A uwi9Ea- sntH - an a rnuA usn wnrEx - sxiFnutH AurnaaK CVl K - Cw WGYAn9A'aF{>1NrcC1ELraM W iE{EPIINx' - Arlr l rwf P901ECRw S1rN21 Clat.l NSiA FwF OdMnKRr a E•wHlxn9r wr= lase CK RL � 116w CY. YA.Y 1KCMi rc' ALL IlOK =r5' ux NrRI Hr ar s»'t -o' 0. swn )KWrM - MA W9rA E'FW 111Mr uw SnINt - 9WYraAnF L9ww 19ux LOT TABLE rWru 9p rw:'w w. Civil Engineering•Envtronmenlal land Surv9ying tN2 SeeaNt wawwx San G 92101 C9nsul(onls. Inc. (.re )=-S— 9aco (09)21z -92:9 rev an�_�.ac ,onrisca ri.[.asb' �:.•rrm:.. 11'...... t: m +UYS _ OWN_EK ' . CREEKSIM NSTA LLC IA90�A'WLRU� 921 iw Ap0 PHONE: 9iz- t)9 -OWY' nAU'e 9Al �-q W T` ^I u• U l.� =L '7- r- \'"•�y- �- rroNUlsx•Ar r ecc awunrr wItERJ rc nAwx.' PRIVATE ORIYEWAY F No* ro scA1E ramlk,9c TENTATIVE MAP - CHULA VISTA TRACT MAP NO. FOR CONDOMINIUM PURPOSES CREEK\ \SIDE POINTE s:Ka .wiz Imr to uuF - 3 a� LI - XIw�A;�i.. kt {p�r�1— m•-�scuE, 1• _ {9• . ,. i cvmrr( 7r� 0 u - er •� 3 \ / / r"r" d ENGINEER OF WORK REC coNSUtTUrts, u+c. 4112 .. c AVENUE SIH pW1EG0. CA 9 (fil (m9)21z -ezw (ale)z1z -ono FAX 9NR"CE 0. P A1ERi5Pl RGE Aai29 9Ala Ex. rlrn�x(�x w cn Creekside Pointe Landscape Concept Plan ri isting mature Quercus agrifolia 'Coast Live Oak) to be removed Existing non native woodland andgrassland to remain ,Existingnon- native malilre trees to remain S'do concrete be. Vines, shrubs and trees Tan keystor. to screen retaining walls, \ per divil e x Bio- retention basins i planted with native grasses Recreation buildij with outdoor patios, gas BBQs, lire pit, Shadetrellis and sealing areas Existingnature;�Yuercus agrilblia (Coast Ei7 e Oak1 to remain Concrete rpmp to open space area Picnic areastvith nlcadowgi- -asses and concrete picnic tables on decomposed granite pads Limit gfdisturbed wetland �� \ rings concrete walkway ranite loo ath with g PP (max path gnlda S %) walls plans c�a zla,, UO , (typical) WIAM 3 exisCmgnon- native , L Try enc Entrysi age FE :'.• . bV to be removed: enclos l.; , P# po d S: _ ufni r I"i r' 't" • `O c • "ab3 st 1 f n[ -� bet 4v parldnl ,p,lB•r;W„wrrezw j l +llU'- u'1!uuUYl'^'4H IFuuIYN�•') P /anting week garage doors at strket Tot lot with play equipment and fall safe surfacing Note., ; See Sheet 2 for Ptand Leg-d / sheet 1 oft Entry 42,, ht. decorative shiclob uojrrtyl�rfT wall and enhanced planting to — continue urban landscape thug along 3rd Ave_ wnnarshrubs andsmall �— ornan7entnitrees' Trash (typ ) with ►\ �:' ,, /paving�¢Irr,'d signagc I.alon , Avenue \ Eplia ced paW court at /t7y 6 Peclesttuin past ij,�Wdi enhanced a 4 pavjrig an q1" 21, pa trellis from. 3rd'AveId ((project center oncry�tc: sideper r� civil enginaq Plans, North r � a • SaN t' -w rla 2681. �a - ASS0CIAT,ES landscape architecture 2442 second avenue an diego ca 92701 619 7183960 Sheet2 uf2 0 ClumnnrShruDs lru G rageFacrr Lib "ustrum'Tuzauwn Culwna'- Tam Pd"d - A!" Rlwphin/epis'Mjesfic Baauly Srarrdani'- .hrdia HufNbonr -. 17achy.arpw fw—j- Ivindmill Pulm -M Slope Shrubsmrd Gruund Covers Ar scia adulals- P— irafdAcacia -L 'o— b"Pibdnris - CoyataBmch - L Ramlarians pmshwus - Prosfmta RO —y - L 7.cmnz twin - Ye11oWBalls -Af RIPARIANAND B7O- RFTFNTIONARF,A PLANTlh_C.5 RlparJan Area Shrubs Batch& p jularis - CovWaftmsb -L Jl.j..j S arbWifofi. - C7niswwsBcny- L Afuhl.nbnWia dp. -Darr Gass -L Rh. i.Mgrwdin - L--ad. Bang- L Rosa callf.mlw - CW11b— Wdd R.. -L Snlvin spp- - Sag. -L Ripnrixn Ares G,.,,Ad Corer/ Uuwuned Afundafr Grasses and I4rearliab- Hydroseed Acbillu miQ.Mig ,- Yarmlr Boumf wa gacilis -B1ors Gaeta Canss D—Jbn s'ia.nrn7dtasn- TOM Hawgrma- M.h. impddxt- COmtRnnge Melir: m'.m.bargia rigcns - /A+argasg Nasell] kpida - Fatbill Necdl S—S Nas.Hapulokm- Purple/ Mkgrmc Sisvdlynchium bdlmn - IIlunEycd Chats Afe.dmr Grass C upmisa-Dlule Sedge -Al 'Par! Dwnrfp'scu. SuJ- Ff CDFrlsdng Trees Ta.Remnfn ✓f�1'' ,1t FsRfMg TYeu 7. Re Ranared et'Sx3rr OBIECTNE TMlndroW b aOltllba,b cwrnwrbW abadaraua• War as+r y a sa�rc. dbmwr rs,aw naW+EaW�Ws b rdv+a ��srnaublrm�� ian ws wwy p.W, WaaanC �- ,ginunaMnawaaa ar•rwantly wM Warvialafriamc.niau. N rscreaaonW raari]aa ua daaln•a ablW ab nrWbn oqn War bb]e aavw.i98Ciab nWaW dur, ^, d ab au• and b.aaarala ab naLaW rwW wrb wan aarewpsbr+. iM PcE» raaaaaun aem pwabv w�uam�r pains wan ogewws. saawry waa.fa fd par ana aaa a wa uwa r+s v w e polo w spa na,apa •na aWps baa trob.b anwrwnbl brprssaP• aoa� waw aooa Plain wb sWana wl<n WaYaf•bb•Weuwaa�atl+yaU � nWa,c Pwm.awin m wrgvwwar••ar+ � �Iwba -GAY" NEfj oS TM YIpclbn ryafrm ana9 baae- JybauN bw -vd�s rdagl araai v9 T.rn.+alm asr..s, paauY3pnl iwW wanR•r. Tlb vav c.w+as slbtl G npewW OYmaansd a amrn *dw. —CAPE TAb TM T..lanecrsW Ana: a],arg•J. PaaWa W Waw�v/:es,]W al. i8f Y} Adir• la�wraprntl: aleasa. iatl spaarW.•cliy: +.Be2 rt. pw�y an st. paw; IAS] u, m�uw'aa car. naa rl. 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OF 2 4 STALLS - 6 STALLS SlIvL EXTERIOR ELEVATIONS TYPICAL CARPORT -DEsiGN REVIEW sui3mrrTAL GET 06/24/2013 . .. .......... ......... . — - — - — - — -- - -- --------- - ------ p I -------------- ------- - — ---- CARPORT W/ VAN ACCESSIBLE / STANDARD ACCESSIBLE PARKING TYPICAL CARPORT CREEKSIDE POINTE 4 STALLS - e STALLS SIM- FLOOR PLANS CHULA V16TA - CALIFORNIA CREEKSIDE VISTA LLC c/ tw4ACFmENT. LLC o AAA Mlou. 0 1 "Liu I ulliza K, aca--,_ FRONT ELEVATION SIDE ELEVATION - TYP. OF 2 4 STALLS - 6 STALLS SlIvL EXTERIOR ELEVATIONS TYPICAL CARPORT -DEsiGN REVIEW sui3mrrTAL GET 06/24/2013 . .. .......... ......... . I -------------- ------- - — ---- CARPORT W/ VAN ACCESSIBLE / STANDARD ACCESSIBLE PARKING TYPICAL CARPORT CREEKSIDE POINTE 4 STALLS - e STALLS SIM- FLOOR PLANS CHULA V16TA - CALIFORNIA CREEKSIDE VISTA LLC c/ tw4ACFmENT. LLC o AAA Mlou. 0 1 "Liu I ulliza K, aca--,_ FRONT ELEVATION SIDE ELEVATION - TYP. OF 2 4 STALLS - 6 STALLS SlIvL EXTERIOR ELEVATIONS TYPICAL CARPORT -DEsiGN REVIEW sui3mrrTAL GET 06/24/2013 . .. .......... ......... . Mlou. 0 1 "Liu I ulliza K, aca--,_ FRONT ELEVATION SIDE ELEVATION - TYP. OF 2 4 STALLS - 6 STALLS SlIvL EXTERIOR ELEVATIONS TYPICAL CARPORT -DEsiGN REVIEW sui3mrrTAL GET 06/24/2013 . .. .......... ......... . TYPICAL CARPORT -DEsiGN REVIEW sui3mrrTAL GET 06/24/2013 . .. .......... ......... . Mitigated Negative Declaration PROTECT NAME: PROTECT LOCATION ASSESSOR'S PARCEL NO..: PROJECI APPLICANI: CASE NO.: DAIE OF DRAFT DOCUMENI: DAIE OF FINAL DOCUMENT: Prepared by: Creekside Vistas 914-942 Third Avenue 619- 010 - 04/38142/56 Creekside Vistas, LLC Douglas Wilson Companies_. FS -06 -008 September 1. 2006 October 13, 2006 Maria C. Muett ATTACHMENTS Revisions made to this document subsequent to the issuance of the notice of availability of the draft Negative Declaration are denoted by underline. A j' giect Setting the project site is 5.5 -acres in size and consists of four adjoining parcels. , the site is Iocated southwest of the L Street and Third Avenue intersection, between L Street and Moss Street. The site is within the Redevelopment Project Area of the City of Chula Vista (see Exhibit A - Location Map). The site was previously developed but has been vacant for many years.. A natural drainage channel runs along the western perimeter of the project site. On -site vegetation exists primarily along said drainage channel (see Exhibit B- Existing Site Plan).. The land uses immediately surrounding the project site are as follows: North/Northwest: Elementary School and Church Northeast: Auto Parts Business South/Southwest Multi - family Residential Southeast . Behaviorial Health Campus East: Across Third Avenue /Golf Course B. Project Description The project proposal consists of the construction of a mixed -use development of 167 multi- family residential units.. The proposed units would consist of' single story flats (on four levels), two -story stacked townhomes, and traditional three -story townhomes, Commerciallretail space (4,000 square feet) would be maintained on the ground level.. The project would provide required parking through private garages, surface parking and a podium parking structure.. Proposed improvements include street dedication, curb /gutter and sidewalk repair, closure of underutilized access, new driveways and emergency fire lane and services, private interior roads, storm drain faciEties/filtration systems, water service extensions, sewer facility improvements, underground existing utilities, retaining walls, open space sitting areas and trails, landscaped treatments, pool, security lighting and other amenities.. the proposed open space area ties outside of an existing on -site floodplain and wetland area. 3 -21 3 -87 C E t a r C. Compliance with Zoning and Plans the majority of the project site is designated CCP (Central CommerciaM=ise Plan) Zoning and MUR (Mixed -Use Residential). A small portion of the site has a County of San Diego zoning designation of S90, which allows residential uses. The floodplain area is designated as open space in the General Plan. Project permitting includes Design Review, Tentative Subdivision Map, Rezone (to convert S90 to CCP) and a Conditional Use Permit to allow residential development within the CCP Zone.. D. Public Comments On May 2, 2006, 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 May 12, 2006. Communication was received regarding the drainage channel and disturbed vegetation. On September 5 2006 a Notice of Availability of the Proposed Mitigated Negative Declaration for the project was -posted in the County ClerVs Office and.circulated to property owners within a 500 - foot radius of the project site. The 30-day public comment period closed on October 5. 2006. Four wee comment letters were received from State auencies =three during the public review period and one letter was received after the public review deadline. One comment letter was from the Native American Heritage Commission and dealt with potential impacts to archaeological resources The second letter was from the State of CaliforniaJDepartment of Transportation (District 11) regarding transportation/traffic issues. The third letter was from the Department of the Interior/USFW and dealt with biological resources and conservation planning_ The fourth letter was. from the State of California/Departinent of Toxic Substances Control and dealt with hazards/hazardous materials. The issues raised in these letters have been addressed in the Mitigated Negative Declaration and attached checklist as well as in the attached response to comments (Exhibit "C" Y E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) 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 Tin order to analyze potential air quality project impacts/ emissions, an Air Quality Impact Analysis was prepared by Giroux and Associates, dated August 25, 2006. The emission factors and threshold criteria contained in the South Coast Air Quality Management District Guidelines/Thresholds for Air- Quality Analysis and the MEMIS 2002 model were primarily used. Construction Activity Impacts A comparison of construction emissions to the SCAQMD's emission thresholds of significance for each pollutant was analyzed. The addition of emissions to an air basin is considered under CEQA to be a significant impact. It is anticipated that based on the project's emission factors and proposed construction activities the 3 -22 3 -88 proposed project will exceed the SCAQMD's daily threshold emission levels.. Air quality impacts resulting from construction - related operations are considered short-term in duration since construction - related activities are a relatively short-term activity. The proposed project will result in short-term air quality impacts directly related to cleanup, grading and construction activities associated with the project. Worker and equipment vehicle trips will create temporary emissions of dust, fumes, equipment exhaust, spillover and other air pollutants associated with the grading/construction and cleanup activities„ Exhaust emissions will result from on and off site heavy equipment, Dust control and emission controls are recommended for off -road construction equipment as well. As a mitigation requirement, construction equipment exceeding 100 brake - horsepower must meet Tier 3 emission limits during all grading phases of the project construction.. All project emissions are anticipated to be at or below the standard thresholds. Implementation of the Air Quality Mitigation Measure No.. I contained in Section F below would mitigate short-term construction - related air quality impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Project OperadonalImpacts The primary direct air quality impacts are project generated traffic trips_ An analysis of these emissions combined with site source emissions was made and compared with the established significance threshold levels and found that none of the analyzed pollutants exceeded the set thresholds. Specifically, project related carbon dioxide CO levels are identified below the significance threshold. No significant traffic generated operational related air quality impacts are created as a result of the proposed project the potential also exists that the public will be exposed to particulate matter and other air contaminants from diesel - fueled commercial vehicles serving the retail portion of the project. However, the State of California has established airborne control measures to limit public exposure to diesel fuels by limiting diesel fueled motor vehicles idling no longer than 5 0 minutes at any public location, including uses of equipment on the vehicle during resting periods. Enforcement of this regulation will mitigate air quality impacts to below a level of significance.. This measure is included as a part of the Mitigation Monitoring and Reporting Program, Biological Resources A biological reconnaissance survey and jurisdictional wetland delineation of the project site was conducted by Merkel and Associates, Inc.. to identify existing vegetation and wildlife species on the site.. The biological resource report, dated July 13, 2006 is sLnircra ized below. the 5..5 -acre project site is currently vacant and consists of primarily disturbed land with small patches of non - native grassland (03-acre) and eucalyptus woodland (O.,04-acre). The surrounding land to the west, north, east and south are currently developed with residential and commercial uses, Telegraph Canyon Creek runs along the western border of the project site and is dominated by previously disturbed wetlands, southern willow scrub, and coastal fresh water marsh.. In order to avoid impacts to Ielegraph Canyon Creek, the proposed project is designed to retain the Creek and all associated wetland resources surrounding it Under the City's MSCP Subarea PIan, the project site is located in an area designated as a Development Area and is subject to the requirements of the Habitat Loss Incident Take (HLTI) Ordinance.. In accordance, with the HLIT Ordinance, those projects that are greater than one acre, contain sensitive biological resources, and are located outside the "Covered Projects," 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 HLII Ordinance, Section 17.35. 3 -23 3 -89 Sensitive Species Vegetation Communities the proposed project currently supports a small area of Non- Native Grassland (NNG). NNG is considered sensitive habitat tinder the City's MSCP Subarea Plan and is designated as Tier III (common uplands) habitat. According to the biological report, the proposed project will directly impact the existing NNG on site. In order to meet the requirements of the City's MSCP Subarea Plan, the project was designed to avoid impacts to sensitive biological resources such as Telegraph Canyon Creek. As a result, impact to the small area of NNG could not be avoided. Impact to this vegetation community is considered significant and will require the implementation of'the mitigation measures identified in Section F of this Mitigated Negative Declaration to reduce direct biological impacts to a level below significance„ These measures are included as a part of the Mitigation Monitoring and Reporting Program., Plant Species the project site is dominated by disturbed lands consisting of non -native weeds such as Russian thistle and sweet fennel. Based on field surveys conducted by Merkel & Associates and the disturbed nature of the project site, no sensitive planks or narrow endemic species were observed or have the potential to occur on the project site. Implementation of the proposed project will not result in significant impacts to sensitive plant species or narrow endemic species. No mitigation measure is required., Merkel & Associates identified one mature coast live oak tree on the project site., Although the coast Eve oak is not listed as a sensitive species or covered under the City's MSCP Subarea Plan, the project is designed to retain this individual tree in an area planned for a proposed walking path.. In order to ensure impacts to this tree do not occur during construction, implementation of mitigation measures identified in Section F of this Mitigated Negative Declaration.. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Wildlife Species Based on field surveys conducted by Merkel & Associates and the disturbed nature of the project site, the biological resource report concluded that no sensitive wildlife species were observed or have the potential to occur on the project site. Only common species such as the mourning dove, Anna's hummingbird, black phoebe, and California towhee were observed onsite. Implementation of the proposed project will not result in significant impacts to sensitive wildlife species„ Therefore, no mitigation measure is required. The proposed project will require the removal of a relatively small concentration of eucalyptus (0.04 - acre) found near the southeastern property boundary.. Removal of the eucalyptus may potentially result in direct impacts to nesting raptors and/or migratory buds which may be present on the project site.. Prior to removal of the eucalyptus woodland, mitigation measures must be implemented to reduce impacts to nesting raptors and/or migratory birds to below a level of significance. Please refer to Section F of the Mitigated Negative Declaration for proposed mitigation measures,. Wetland Resources Telegraph Canyon Creek runs along the western border of the project site and is dominated by disturbed wetlands and southern willow scrub.. A Wetland Delineation was conducted on January 23, 3 -24 3 -90 2006 by Merkel and Associates, Inc.., pursuant to the United States Army Corp of Engineers (ACOE) Wetlands Delineation Manual (Environmental Laboratory 1987) to identify jurisdictional waters and wetland resources. ?he wetland delineation concluded that wetlands and Non - wetland Waters of the U..S. /Streambeds as defined by the ACOE and California Department of Fish and Game occur on the project site. Table 1 summarizes the wetland resources found on site.. Table 1 Summary of Wetland Resources On Site Type of Wetland Resource Area acres Southern willow scrub _ 0.04 _ Disturbed wetlands 0.3 Coastal freshwater marsh 0.004 Non - Wetland Waters of the U..S.1Streambed 0.07 The proposed project is designed to avoid impacts to Telegraph Canyon Creek and all associated wetland resources surrounding the creek Therefore, implementation of the proposed project will not result in significant impacts to wetland resources and jurisdictional wetlands on the project site. No mitigation measure is required.. Indirect Impacts The proposed project is designed to retain the Telegraph Canyon Creek and all associated wetland resources on the project site, however, implementation of the development will result in indirect impacts to this wetland feature Potential indirect impacts may be associated with an increased exposure to excessive noise, lighting, use of non -native invasive species, and stormwater run -off. According to the biological resource report, stormwatex leaving the proposed project site may result in the introduction of sediment or pollutants to Ielegraph Creek channel. In addition, Telegraph Canyon Creek may be exposed to non - native invasive species incorpoiatcd as part of the proposed project- In order to mitigate potential indirect impacts, implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce identified indirect 'F biological impacts to a level below significance, For further discussion of impacts associated with stormwater runoff; refer to the Hydrology/Water Quality Section below for fiuther details. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Geology and Soils To assess potential geological and soils impacts of the project, a Preliminary Geological Reconnaissance Report for Proposed Residential Development, 3'd Avenue, Chula Yista, California, July 7, 200.5, was prepared by Leighton and Associates, Inc. the results of this analysis are summarized below. The project site is not located in an active Earthquake Fault Zone. The nearest active fault is the Rose Canyon fault approximately 5 miles away, No known significant or suspected seismic hazards associated with the project site have been identified A final soils report is required to be prepared to satisfaction of the City Engineer, prior to the issuance of grading and construction permits, Erosion control measures will be identified in conjunction with the preparation of the grading plans and implemented during the construction phase.. Through project design as recommended in the study, and the mitigation measures contained in Section F below, 3-25 3 -91 potential geological impacts would be mitigated to a level of less than significance, These measures are included as a part of the Mitigation Measure Monitoring and Reporting Program Hazards/Hazardous Materials In order to assess potential hazardous materials impacts, a Phase I Environmental Site Assessment report was prepared by Leighton and Associates, Inc, on July 7, 2005 for the project site, The same consultant prepared a Phase II on August 12, 2005 to further address potential impacts from surrounding properties.. Please refer to the following summary below., Phase f Environmental Site Assessment According to the Phase I, no historical records were available for the project site prior to 1930. From 1930 to 2002, the land uses consisted of residential and commercial activities. The site is cun•ently vacant and was previously used for disposal of transient waste dumping, trash, yard and construction/demolition waste. On -site The assessment noted the storage of one 55- gallon drum on the western portion of the project site No staining was observed in the area surrounding the drum. No evidence of underground storage tanks (US Ts) or above ground storage tanks (ASTs) was observed. No groundwater monitoring wells were observed on the project site,. It was recommended that the project site be further evaluated as to x the proper removal/disposal of the identified 55- gallon drum and its contents, The on-site waste fill and trash was primarily residual concrete foundations and construction waste as well as transient trash/materials. No other environmental concerns were observed or reported during the site observation. Off-site In accordance with standard assessment procedures, regional database listings of hazardous wastes and materials sites within the project site weir reviewed. Based upon Leaking Underground Storage Tanks (LUST) cases within proximity of the project site, three locations have active cases that have impacted groundwater and site assessments and cleanup are either currently underway or closed as regulated by the regional agencies; County of San Diego Department of Environmental Health Services (DEHS) and the Regional Water Quality Control Board (RWQCB).. The project site is located at a higher elevation than the listed LUST sites. However, subsurface conditions have not been evaluated., It was recommended that additional research be conducted to review the case files for these sites to determine the possible extent of impacted groundwater related to the unauthorized release, if any. Phase HEnvironmental Site Assessment The purpose of this additional evaluation was to review the records of the three open Leaking Underground Storage Tanks (LUST) cases within one - eighth mile of the proj ect site The LUST site located at 898 Third Avenue (gas station) is in the closure process with the DEHS.. No further groundwater monitoring is required as of .July 14, 2005. The LUST site located at 899 Third Avenue (gas station) has no issues related to groundwater; therefore, offsite migration of hydrocarbons towards the site is unlikely to occur . 3-26 3 -92 The LUST site located at 902 Third Avenue (gas station) is still in the remediation process for removal of petroleum hydrocarbons.. A groundwater- monitoring well was installed and is in operation in the auto parts parking lot north of the project site.. Based upon monitoring reports, the groundwater flows in an easterly direction, away from the project site. The groundwater level is at 75 feet below grade. MIKE has not been reported above the State of California contaminant levels for drinicing water.. Additionally, in a letter dated July 28, 2003 the DENS determined that based upon the regular monitoring reports that vapor risk to ofl'site structures is not considered pertinent, as there is no evidence of'vapor risk levels.. Therefore, no additional environmental assessment of the project site is necessary . In the event any offsite conditions change, additional assessment may be necessary by a qualified environmental professional to assess the aitas of concern. This may include the preparation and submittal of a written analysis, identifying the areas of concern with appropriate measures, to the PIanning and Building Director for review.. The mitigation measures contained in Section F below would mitigate potential hazards/hazardous materials impacts to a level of less than significance. Ihese measures are included as a part of the Mitigation Monitoring and Reporting Program. Hydrology and Water Quality Drainage In order to assess potential drainage impacts of the project, a Preliminary Drainage Report for Third Avenue and L Street, Chula Vista, California, February 2006, was prepared by Project Design Consultants. The results of this analysis are summarized below.. Existing Conditions and Drainage Improvements The project located adjacent to the telegraph Canyon Creek. The 100 year• floodplain lies along the western edge of the project site, however, the outermost project edge and grading limits are outside the 100 year floodplain.. the site and adjacent street currently drain northeast to southwest towards the Ielegraph Canyon Creek The off-.site drainage improvements currently exist along Third Avenue and L Street. Proposed Drainage Improvements Based upon review of the preliminary drainage study, the Engineering Department has determined that there are no significant issues or impacts regarding the proposed drainage improvements for the project site.. The drainage analysis results verify that the project does not adversely impact the existing City storm drain facilities. The proposed on -site drainage improvements consist of a series of building drains, gutters, parking structure drainage system, landscape inlets, piping systems, tying into +?^e area drains with filtration systems, rip -rap, underground detention facility and filtration systems outside the floodplain to pre -treat prior to entering the wetlands /chamrel. Comparison of'the site's existing and proposed design storm flows indicates that the peak 100 -year flows will be increased as a result of the proposed project. Io lessen any potential impact, the drainage improvement system proposed includes a detention basin that will control this increase in the peak 100 -•year discharge.. The City Engineer will require the applicant to enter into an Irrevocable Offer of Dedication (IOD) for drainage purposes that requires approval by the City Council.. 3 -27 3 -93 Water Quality In order to assess potential water quality impacts created by the proposed project, a Water Quality Technical Study was prepared by Project Design Consultants and dated August 2006. Due to the location of the project next to a waterway and potential for substantial impacts to water quality, the applicant/developer will be required to implement post - construction Best Management Practices (BMPs) to the maximum extent practicable, including the use of high pollutant removal efficiency treatment BMPs.. The City of Chula Vista SUSMP requires a combination of site design, source control, and treatment control BMPs The project proposed the following BMPs: warning signage by storm drain and sensitive water areas, catch basins with filtration devices, detention basins, flow through planter boxes, landscaped treatments and grass swales Parking areas and driveway runoff' will be directed into a vegetated swale or catch basin with filtration device prior to offsite discharge.. The parking structure design includes an underground detention facility that will coIlect and pretreat any storm water runoff prior to entering the underground parking structure. This will prevent project pollutant runoff or direct pollutant impact transferred from off -site vehicles. the applicant will be required to comply with the City of Chula Vista's Storm Water Management Manual and implement Best Management Practices (BMPs) to prevent pollution of the storm water- systems during and after construction. The applicant will also be required to comply with the NPDES Municipal Permit, Order No. 2001 -01 and other permit requirements, identify potential storm water pollutants as well as proposed BMPs that will be used for treatment, and submit a water quality study with submittal of final grading/improvement plans to the satisfaction of the City Engineer,. Storm or non -storm water from such designated area shall not be discharged into City storm drainage systems but disposed of in accordance with Federal, State, and Local laws and regulations. As a standard condition, a final drainage study will be required in conjunction with the preparation of the project grading plans The proposed drainage improvements as described above would improve the overall on -site drainage system and accommodate the proposed project The drainage facilities shall be installed at the time of the site development to the satisfaction of the City Engineer. The mitigation measures contained in Section F below would mitigate potential hydrology/water- impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program, oise A noise study was prepared by Kimley -Horn and Associates, Inc., Exterior Noise Analysis Report, dated May 1, 2006 to assess potential noise impacts of the proposed project. The noise assessment analyzed the project with respect to the regulations contained in the Chula Vista Municipal Code (noise control ordinance)„ A copy of the noise study is available for review at the Planning and Building Department. Existing Conditions The project site is currently vacant and surrounded by multifamily residential, commercial, schools and medical facility land uses.. The project site is adjacent to Third Avenue and next to a parcel directly adjacent to L Street. The existing noise is primarily generated by traffic that travels along Ibird Avenue and L Street with existing Average Daily Traffic (ADT) volume of 20,000 and 14,000 vehicles, respectively. Existing Plus Project Conditions 3 -28 3 -94 The noise generators (traffic) will remain the same, as the proposed project is a mixed use that contains primarily residential and minimal commercial land use. The future traffic volumes projected for 'Third Avenue and L Street are 25,000 and 15,000 vehicles; an increase of 5,000 and 1,000 vehicles respectively. The commercial space will be locatd at the northeastern portion of the project site at ground level adjacent to Ihird Avenue. No commercial related significant impacts will result from the retail portion of the proposed project; 4,000 square feet of retail use. The future traffic noise will have a maximum level of 53 dBA CkL, at the pool and courtyard areas. the proposed patios/balconies facing Third Avenue will have future noise levels up to 70 dBA CNEL. All other patiosibalconies throughout the project site will be below the 65 dBA CNEL levels. The City's dBA CNEL exterior noise requirement for residential land use is 65 dBA CNEL.. The patios/balconies located adjacent to Third Avenue will be impacted by the future traffic noise levels and will require mitigation to kesscn the level of significance.. The mitigation recommended is a five - foot sound attenuation barrier along the perimeter of the patio/balcony. The wall bai ier shall be solid in construction with no holes or gaps. In order to maintain a view, the barrier may include glass or plexiglass with a minimum density of 3.5 lbs.lfoot2., The mitigation measures contained in Section F below would mitigate future exterior traffic noise impacts to the patiosibalconies adjacent to Third Avenue below a level of significance and in compliance with the City of Chula Vista Noise Ordinance standards.. Short -Term Construction Noise Pursuant to Section 17 2.050(I) of the Chula Vista Municipal Code, construction work (including demolition) in residential zones that generates noise disturbing to persons residing or working in the vicinity is not permitted between 10:00 p.m. and 7:00 &m. Monday through Friday and between 10:00 p.m. and 8:00 am. Saturday and Sunday, except when necessary for emergency repairs required for the health and safety of any member of the community.. Due to the presence of the adjacent multi - family residential development and sensitive population (medical center) and school, this provision of the Municipal Code applies to the project and would ensure that the residents and occupants would not be disturbed by constructions noise during the most noise sensitive periods of the day. Outdoor/Rooftop Mechanical Equipment Noise Heating, ventilation and air conditioning (HVAC) equipment is proposed on the roof ofthe residential buildings., the noise generated by the HVAC equipment would vary depending on the type and size of the mechanical equipment.. Based upon the preliminary mechanical plans and lack of complete noise assessment due to unavailability of final rooftop mechanical plans, the study concluded that noise generated from the HVAC could exceed the City's noise standard Noise impacts related to the outdoor mechanical equipment are considered significant. Therefore, an additional acoustical study shall be required to ensure that the multiple floor interior noise levels of the residential use would not exceed the 45 CNEL standard, the mitigation measures contained in Section F below have been included to mitigate HVAC /or rooftop mechanical equipment noise impacts to below a level of significance. Truck Deliveries Due to ample designated commercial parldng available on the site, restriction of delivery hours limited between the hours of 7:00 a-m. and 10:00 p.m. and State law limiting truck idling, no adverse 3 -29 3 -95- noise impacts are anticipated. The mitigation measures contained in Section F below would mitigate potential noise impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Tran .portationfI'raffic To identify potential traffic impacts associated with the project development, a TraJfIc Analysis Report/Site Access-Analysis — Creekside Vistas, Chula Yista dated May 22, 2006 was prepared by RBF Consulting, Inc The traffic analysis is summarized below. Analysis Methodology /Significance Criteria In order to anticipate cumulative future projects in the area, a conservative methodology approach was applied to the existing traffic volumes.. This created a foundation or baseline for the proposed project impacts to be measured and used in the traffic analysis. Existing Plus Proposed Conditions/Trip Generation The proposed project site is currently vacant. the Creekside Vistas project is proposed as a mixed - use development. the project is forecast to generate approximately 1,496 average daily trips (ADTs); the residential condo portion will generate 1,336 trips and the specialty retail 160 trips including 24 inbound and 88 outbound trips during the AM peak hour, and 91 inbound and 43 outbound trips during the PM peak hour.. Access The project site is currently accessed via three driveways along Ihird Avenue that will continue to provide access to the project site. Driveway 1 is located 232 feet south of L Street and will be used as a Fire Lane. The mid driveway (Driveway 2) from Third Avenue provides access into the parking structure The floor of the garage will be at the same elevation of Third Avenue and throughout the first floor, therefore, vehicles will not be required to go up or down a ramp. The furthest driveway to the south, Driveway 3, is designated as a private driveway. Surface level parking is provided along this private drive (Private Drive "A" }. Residents will take access to the parking structure from Private Drive "A' only. A clear lime of sight shall be provided at each driveway based upon required building setbacks, signage and landscaping in accordance with development plans. Panting Surface level and subterranean parking will be provided on site.. A total of 28 surface level parking spaces will be provided along a private drive. Approximately 24 parking spaces are allocated for commercial use only and designated as a restricted parking use area. The remaining 340 parking spaces will be provided within the subterranean parking structure (podium). The parking spaces are divided from the commercial parking spaces by a fence within the parking structure. In addition, surface level parking is provided along the private drive "A".. In accordance with the City Municipal Code/Parking Ordinance (Section 19.62), the proposed project is in conformance with the required parking code quota- On-Site Circulation/Stght Distance Four interior private roads are provided on site identified on the development plans as the Fire Lane, Private Drive "A", Private Drive `B" and Private Drive "C"_ Both the Fire Lane and Private Drive "A" dead end on site There are no sight distance issues anticipated at the Fire Lane off Third Avenue.. According to the Fire Department adequate turn around space is provided on each roadway 3 -30 z, 3 -96 that allows emergency vehicles and vehicle/truck circulation adequate queing and turnaround. In addition, the Fire Lane is 20 feet in width and at the terminus of the fire lane a hammerhead turnaround as reflected in the project design meets the Fire Department standards. Private drives as reflected in the development plans and through project design meet adequate turnaround radius requirements according to the Engineering Department. Private Drive "A" slopes down approximately 5% away from Third Avenue. The road crests at the top of the project right -of -way. As exhibited in the development plans, no sight issues occur from northbound and southbound traffic. the finished grade of the parking structure is even with the grade of Third Avenue, at that specific location.. the building setback is adequate to provide a clear line of sight for vehicles exiting the parking structure onto Third Avenue-:• The proposed accessibility and circulation have been adequately addressed. No significant traffic impacts will result relative to traffic circulation and site access. Operational Assessment (Intersection) An operational assessment of the signalized intersection at Ihird Street and L Street was studied as required by the Engineering Department. The intersection is currently operating at a Level of Service "C" and it has been determined that it will continue operating at LOS "C" with the project generated traffic trips No significant intersection /capacity related traffic impacts would result from the proposed project, F Mitigation Necessary to Avoid Significant Impacts Air puality 1. The following air quality construction mitigation requirements 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 Environmental Review Coordinator.. The City mitigation measure monitor will ensure compliance of the following: • Minimize simultaneous operation of multiple construction equipment units. • Use low pollutant - emitting construction equipment. • Use electrical construction equipment as practical.. • Use catalytic reduction for gasoline- powered equipment. • Use injection- timing retard for diesel- powered equipment. • Water the construction area twice daily to minimize fugitive dust. • Stabilize graded areas as quickly as possible to minimize fugitive dust.. • Pave permanent roads as quickly as possible to minimize dust. • Use electricity from power poles instead of temporary generators during building, if available. • Apply stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry • InstaIl wheel washers adjacent to a paved apron prior to vehicle entry on public roads., • Remove any visible track-out into traveled public streets within 30 minutes of occurrence. • Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. • Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. • Cover haul tracks or maintain at least 12 inches of freeboard to reduce blow -off during hauling, and 3 -31 3 -97 • Suspend all soil disturbance and travel on unpaved surfaces if' winds exceed 25 miles per hour.. • Any construction equipment exceeding 100 brake- horsepower must meet Tier 3 emission limits during the grading phase of project construction in accordance with the project's Air Quality impact Analysis dated August 25, 2006. Biological Resources 2.. To ensure no indirect impacts to nesting raptors and other migratory_ birds occur during construction (including clearing and Grubbing) construction activities adjacent to nesting habitat should occur outside of the raptor and general avian breeding season_(january 15 to August 31) Te, ,. end any a: - aesfing 6 birds, etAside of the b_ eding seHen f . these SpQFie -6 (Jataafy 13 threugh September . —Jf' construction must occur dining the breeding season, biel4st to ^^• uet-a- pre - construction smveys must be performed by a City- approved biologist to determine the presence or absence ofd nesting irds within 300 -feet of the construction area and nesting raptors within 500 -feet of the construction area„ The pre.. construction survey must be conducted within 10 calendar days prior to the start of construction, the results of which must be submitted to the City for review and approval.. If nesting birds and/or raptors are detected by the City- approved biologist. a bio- monitor must be present onsite du ring construction to minirnin construction impacts and ensure that Nno nest.1 Beare removed or disturbed until all young have fledged. I Prior to issuance of any land development permit, including clearing and grubbing or grading permits, temporary orange biological fencing shall be installed around the one mature Coast Live Oak located adjacent to Telegraph Creek. The applicant shall retain a City - approved biologist to delineate the dripline of the Coast Live Oak and monitor the installation of the temporary fencing. Ihis fencing shall be shown on both grading and landscape plans, and installation and maintenance of the fencing shall be verified by the City's Mitigation Monitor.. 4. Prior to issuance of arry land development, including clearing and grubbing or grading permits, the applicant shall prepare and submit a landscape plan to the City for review and approval.. All proposed landscaping shall avoid the use of non -native invasive species including, but not limited to, the species listed in Appendix N of the MSCP Subarea Plan. Prior to issuance of any land development, including clearing and grubbing or grading permits, the applicant shall secure 0.15 -acre of Non -Native Grassland (Tier- III habitat) in a City- approved location or mitigation bank within the City's Preserve for impacts to 03 acre of Non -Native Grassland. In the event mitigation credits are secured in a City - approved location or mitigation bank outside of the Preserve, the applicant shall secure 4.3 -acre of Non Native Grassland habitat at a ' •' m,14 e. Verification that mitigation credits have been obtained shall be provided to the City prior to approval of any land development permits._ Should mitigation credits be secured in a City- approved location outside of a mitigation bank. the applicant shall prepare a ManageeMent and Monitoring Plan (MMP) to be submitted to the City for review and approval. The applicant shall also be responsible for maintaining_ the biological integrity of the Non- Native Grassland habitat in perpetuity and shall abide by all management and monitoring measures identified in the MMP until such time as an appropriate management entity has been identified and approved by the Ciy. 6.. Prior to issuance of any land development permits, including clearing and grubbing or grading permits, the project shall implement Best Management Practices (BMPs) identified in the.Storm Water Pollution Prevention Plan. BMPs shall be noted on grading plans and implemented during -- clearing and site development to the satisfaction of the City Engineer. 3 -32 3 -98 7 Prior to issuance of any land development permits, including clearing and grubbing or grading permits, the project will be required to obtain a HLII Permit pursuant to Section 17.35 of the Chula Vista Municipal Code for impacts to Non - Native Grasslands. 8. Prior to issuance of any land development permit, including cleating and grubbing or grading permits, temporary orange biological fencing shall be installed around the wetland resources on the project site that will not be impacted by the proposed project In addition, the applicant must retain a qualified City - approved biologist to monitor the installation and on -going maintenance ot'this temporary fencing adjacent to the wetland resources.. This fencing shall be shown on both grading and landscape plans, and installation and maintenance of the fencing shall be verified by the City's Mitigation Monitor., 9. Prior to issuance of any land develomment permit including clearing and grubbing or grading permits the applicant shall designate the area of wetland resources onsite as an open-space parcel to ensure no future development is permitted within this area. I0. Prior to issuance of any land development permit including clearing and grubbing or gradingpermits the applicant shall prepare a Management and Monitoring Plan (MMP) to be submitted to the City for review and approval. The applicant shall also be responsible for maintaining the biological integrity of the required open space area in perpetuity and shall abide by all management and monitoring measures identified in the NEAP until such time as an appropriate management entity has been identified and approved.by the City_ Prior to issuance of any land development permit, including clearing and grubbing or grading permits, the applicant shall provide evidence to the City that a City approved biologist has been retained to monitor and manage the open space parcel until an appropriate management has been identified. Geology and Soils 9-11. _. Prior to the issuance of construction permits, the applicant shall provide evidence to the City Engineer and the City Environmental Review Coordinator that all the recommendations in the Preliminary Geological Reconnaissance Report, dated July '1, 2006 have been satisfied.. Hazards and Hazardous Materials 18-12. In the event any on -site or offsite conditions change, specifically related to the LUST /monitoring well site adjacent to the north, additional assessment may be necessary by a qualified environmental professional to assess those areas of concern and potential impacts to the project site.. This may include the preparation and submittal of a written analysis, identifying the areas of concern with appropriate measures, to the Environmental Review Coordinator and San Diego Regional Water Quality Control Board (RWQCB) for review. l iydrolozy and Water Quality 44-13. Due to the Iocation of the project next to a waterway and potential for substantial impacts to water quality, the applicant/developer shall be required to implement post-construction Best Management Practices (BMPs) to the Maximum Extent Practicable, including the use of high pollutant removal efficiency treatment BMPs to the satisfaction of the City. Engineer., 4-12-14. Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction with the preparation of final grading plans. The City Engineer shall verify that the final grading plans comply with the provisions of California Regional Water Quality Control Board, San Diego Region Order No., 2.001 -a1 with respect to construction - related water quality best management practices., If one or more of the approved post- construction BMPs is non- structural, then a post - construction BMP plan shall be prepared to the satisfaction of the City Engineer prior to the commencement of construction. Compliance with said plan shall become a permanent requirement of the Mitigation Monitoring and Reporting Program . 3 -33 3 -99 x-15. Prior to issuance of a grading permit, including clearing and grubbing activities, temporary desilting and erosion control devices shall be installed Protective devices, as determined by the City Engineer, will be provided at every storm drain inlet to prevent sediment from entering the storm drain system or entering the Telegraph Creek Channel. These measures shall be reflected in the grading and improvement plans to the satisfaction of the City Engineer and Environmental Review Coordinator.. Noise 44-16. A 5 -foot high noise sound barrier wall shall be installed around the perimeter of the patio/balconies adjacent to Third Avenue., The height of the sound baniers is based upon the finished pad elevation of the patio/balcony and must be solid in construction with no holes or gaps.. To preserve a view, glass or plexiglass with a minimum density of 3.5 lbs/foot2 may be substituted for other construction materials.. The sound barrier shall be constructed in accordance with the revised noise study dated May 1, 2006, and with the development and grading plans to the satisfaction of the City Engineer and Environmental Review Coordinator. 4-- 5-17_ _Pursuant to Section 17..24.050(n of the Chula Vista Municipal Code, project- related grading or construction 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.. 4-648. __All construction equipment shall operate and be maintained to minimize noise generation. } Equipment and construction vehicles shall be kept in good repair and fitted with "manufacturer - recommended" mufflers. 4 -'�:19. the construction equipment storage area shall be located in an area of the project site furthest away from the adjacent medical center and adjacent residential properties. This area shall be indicated on the development and grading plans to the satisfaction of the City Engineer and Environmental Review Coordinator. 4 -8-20. Prior to approval of building permits, the applicant shall submit a subsequent noise study to the satisfaction of the Environmental Review Coordinator demonstrating that the final roof- mounted HVAC and other roof mounted equipment complies with the City's noise control ordinance at the property boundaries of 45 dBA Leq (one hour) during nighttime hours and 55 dBA Leq (one hour) during daytime hours or ambient noise levels, whichever is greater. 49- 21.___All rooftop pumps, fans, and air conditioners/heating units on the project buildings shall include appropriate noise abatement and be screened by a minimum three -foot high rooftop parapet that blocks the line -of -site view from the backyards of the nearby residential properties to the exposed roof and mechanical ventilation systems.. 20-22. Truck deliveries shall be restricted between the hours of 7:00 a,m. and 10:00 p.m. 24-23. All diesel delivery trucks shall turn off' thew engines during unloading/unloading activities at the 'designated commercial parking areas whenever possible.. In the event a delivery truck is not able to immediately enter the designated commercial parking areas, the diesel truck idling shall be restricted to a five- minute limitation in accordance with State law, No truck loitering shall be allowed on the parking lots or surrounding project area. 3 -34 3 -100 G Agreement to I=Iement Mitt �ag_t1'on Measures By signing the lines) 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 within Mitigated Negative Declaration IS- 06-008, and will implement same to the satisfaction of the Environmental Review Coordinator., Failure 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 Pm�eet be held in abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact Report, / t►�/ / ?f . / l'o1, I '/1 iuila i/1G u /rcc PrintedName and Title of Allplicant 4( -,/,-. S S/ „ n� s (or authorized representative) Signature o Applicant (or authorized representative) NIA Printed Name and Title of Operator (if different from Applicant) Signature of Operator (if different from Applicant) 3 -35 3 -101 /o Date Date Date Date I3.. Consultation 1.. individuals and Organizations City of Chula Vista: Steve Power, Planning and Building Department Luis Hernandez, Planning and Building Department frank Alvarez, Community Development Steve Power, Planning and Building Department Garry Williams, Planning and Building Department Silvester Evetovich, Engineering Division Jim Newton, Engineering Division Frank Rivera, Engineering Division David Kaplan, Engineering Division Ben Herrera, Engineering Division Sohaib Al -Agha, Engineering Division Hasib Baha, Engineering Division Khosro Aminpour, Engineering Division Pima Thomas, Engineering Division Michael Maston, Engineering Division Gary Edmunds, Fire Department Justin Gipson, Fire Department Lynn France, Conservation and Environmental Services Department Others: Dee Peralta, Chula Vista Elementary School District Sweetwater Authority 2. Documents City of Chula Vista General Plan Update, 2005.. Final Environmental Impact Report, City of Chula Vista General PIan Update, EIR No. 05 -01, December 2005., City of Chula Vista MSCP Subarea Plan, February 2003 Traffic Impact Analysis for Creekside Vistas, Chula Vista, CA and dated May 22, 2006 (RBF Consulting)_ Noise Impact Analysis for Creekside Vistas, Chula Vista, CA and dated May 1, 2006 (Kirnley- Horn and Associates, Inc.) 3 -36 3 -102 Biological Resources Report (General Biological Survey and Jurisdictional Wetland Delineation) for the Proposed Creekside Vistas, Chula Vista, CA and dated July 13, 2006 (Merkel & Associates, Inc.). Phase I Environmental Site Assessment for 912, 930 and 942 Third Avenue, Proposed Creekside Vistas Project, Chula Vista, San Diego County, CA and dated July 7, 2005 (Leighton and Associates, Inc)„ Phase H Environmental Site Assessment for 912, 930 and 942 Third Av eeue, Chula Vista, San Diego County, CA and dated August 12, 2005 (Leighton and Associates, Inc,.).. Air Quality Impact Analysis for the Proposed Crreekside Vistas, Chula rota, CA and dated August 25, 2006 (Hans Giroux, Inc.), Preliminary Geological Reconnaisance for the Proposed Residential Development, Third Avenue, Chula Vista, CA and dated July 7, 2005 (Leighton and Associates, Inc..). Preliminary Drainage Report for the Proposed Creekside Vistas Project, Chula Vista, CA and dated Febzuary 2006 (Project Design Consultants). Cultural Resource Survey for the Proposed Creekside Vistas Project near L Street and Third Avenue, Chula Vista, CA and dated January 13, 2.006 (ASM Affiliates).. Water Quality Technical Study for the Proposed Creekside Vistas Project, Chula Vista, CA and dated August 2006 (Project Designs Consultants). 3.. Initial Study This environmental determination is based on the attached Initial Study, and any comments received in response to the Notice of laitial Study., The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. =tev, Powe r MCP nmen Projects anger Date: JA?1anning%LkM\1nitia1 Study\Cscekside Vistas\IS- 06- OO8DtaIIMND.doc 3 -37 3 -103 CHULA VISTA PLANNING AND BUILDING DEPARTMENT T LOCATOR PROJECT Creekside Vistas, LLC. CIO PROJECT DESCRIPMON: APPLICANT: Douglas Wilson companies. DESIGN REVIEW PROJECT -942 Proposal is for 167 multi-family residential units and 4,000 sq. ft. ADDRESS. 914 Third Av. of ground floor retail commercial. SCALE FILE NUMBER* NORTH No Scale IS -06 -0[ 3-38 16, PCZ-06-04, ORC46435, PCC-06-026 1 :Wanning\carics\locatorsYS06008 0dr 0425 06 3-104- 0 e1 E 1 ICI rp'iTrr� 7 F.. r �- m kF xe • a aa� . p, ti 4 `"%rr _ e `m4p'•; s ( d9i dt 1 r. � ,�. 7x�yt� NVO 1 �- i't?"'�@ f 1� /•I IS� [ -. �1 L 2._F FOP r3 YrS 11 � U F 2 kr f 1 e t �C 1� �. tt t.r Aid �it 9S„ },(nY. �� � re � y l- t a�1. rr(( .F- � i ' -�I a t �1 I F. y•, �p[e`tfd� rign! q, - a' §� f- :e� ,, r9 i Q e � ' � 1. / •,, ��. �A !W� ?��� 9 , � �: r ` s y r ! ,7 = ,. : �r I ,r r. r lrl tq fr;,�, 1+'S• r e� . +P '` , , � - j iy i ,l �' _ r Sfr ll tyr" tt� J -� s �5 .' -0'd? fief liS r "h t ,.h' v1• e 3 . �' } 6N IT 1,; t W I O � -11 41AT9 nRMA s�iisoo uaRa NATIVE AMERICAN HMTAGE CqMIASSION eat 4A/Itn1. MALL OWUN4 ;'`•.,+�, �. 180W 0180 W4Oet *61 aertaU+er -hAat 111j,U afraataswx�St{w + N a SepLinhbar 13 /, !)r:h. Ma. M&M Hued. AMOtiala PlenMr Cityae Chute Vista 276 Faurl h Avenue Chula Wets, CA 91910 to Nor Mt. Musty: Thmkyou for the oppuOuNly W pomrnsrd an the Abova4slemncod downwal. The CaatalWa Emrkot malal Qua* Ant ( CEQA) raqukes that any prolsd ulat mass a Subetaallal adversac dhanes in lho sltntlsabcs of an hhlw" Nulires, ttsl includae srcheolo9101 reeouroee, It A'SI9nliloant ellOW requking the pmpomWn of an Envkvxnenta) Impact Rsporl (EIR per CEtIA gW40MOS ♦115064,3(b)(o). In OMOt to cah" with Shia provislan, the lead spertry Is requked to asuss whathor the pRW will hove an edvarsa knead on these raaatlfcaa within ale ataa of pn>)ed et(act Wiff), and if so. W m t9sta that affect. Ts.adegvabahf staaa the PtOWt- lsted ImpiW on hklwtcal raourpsa, ate Qommtetkm rsobrralathdatthe bt►4wim0 actlan: Conlaat the Sppropdats CalUomN ltirlorto Rashwrahe Intamtetnn Center (CHRIS). The record aeerch will !tlhv It a pan rir the .M, APE) has 1f any known cuYui it hvwtaow E. rdyYNy k low, drmE. b required b dslomtpw vAhNhar prav,ausM unrataded atural iveow9et ore present. U an o1o91Ca1 trovasplmIcsstonal report dabbling Mdkgs and wmwmmendstlona of the rooms satrch and Acid aravey. . + The Mal report containing eta lonthe. Wis sl9rd,kance. and WOPUan maaauren ahttukt be wbfnitled knmediaisty to the ptannlny daparWlent Ali kvarm *n radardlep Sea locations, NOW AMarian human ramaint, and aeaacialad lu a iwy objects should bs In s taperalo 900aden0e11 addOndum, and not be made available W puWc dfscimure. ■ The fnalwdUen report shmW he aubnViled within 3 months &A" wode has been aaropW6d1 to rho appropdale ro9lonal mchasolo9tal inhxmotlaa Cemtsr. content the Native Aawfir -so Hed*w CamaWsbn (NANC)for. A Sacred Lands FIN t&F) search *fib* projed area and lediu adan on Mbal eordavto W the purled viewty who may have addtlonal O Wut91 trrtouroa ktfomtatloa Pfaasa provide this oltMowah the foNtwAng etatlon banal to asibt WO the Sacred Unds File Search request M5 7.(rrnlnide ausdranab cilatbn Whil Dims, W m 2bla U094 and faction: . The NAHC advWbs tho we of Natva Aaadiian Monilam to shturn properiderr d"ItIM and an tlAfNh aYbifill resources that may be discavered. The NA14C tgeonvnends that wrAid bs made with Native Am r"a Contacts on the attached its so gel their Input on paurkdAl protect bnp446 purtaalery the contacts at the on the der W �A O Response A State of California - Native American Heritage Commission (Response Letter dated September 13, 2006) A -1 The letter states that Sections 15064.5 (b)(c) of the California Environmental Quality Act (CEQA) Guidelines require that any project that would cause a substantial adverse change to a historic resource (including archaeological resources) is a significant impact and would necessitate the preparation of an environmental impact report (FIR). This section of the Guidelines defines a significant change in a historical resource as one that demolishes or materially alters the physical characteristics of a resource that conveys the historic significance of that resource. Specifically, §15064.5(6)(1) identifies a significant effect on the environment if there is a substantial adverse change in the significance of a historical resource. A substantial adverse change in a historic resource is defined in CEQA as follows: Substantial adverse change in the significance of a historical resource means physical demolition destruction, relocation, or alteration of the resource or its immediate surroundings such that the signifrcance of a historic resource would be materially impaired /, The adoption of the Mitigated Negative Declaration for the Creekside Vistas will not result in any physical changes that substantially create or adversely affect archaeological resources. As disclosed in the Mitigated Negative Declaration/Initial Study Checklist, a Cultural Resource Study was prepared and no potentially significant historic or prehistoric archaeological resources or specific resources, were identified. Therefore, in accordance with the California Environmental Quality Act (CEQA) it was determined that no mitigation measures were required. W I O J V Lath of &U[Wa aIldanca of anMeolopltN 1640=63 doss not Predicts thrtr aubsullacs 040*nM • Lead agendas slnddd kidude N #Wa maigatlae plan pmvisbnr Oar the idendaeabon and Waluatlaa of *"Jd"*J dIaWmrod arcbeal"iral rasoutcaa. Per 0111bit a Envitww M Otlany Ad (CZCA) §13081,3 (t). In areas of idantlned atrhaseiooical senstavay, r cerlilied srchoecloam and a cuWWIV aifsletod Heave American, WIM knwMndgo In cukarli aosauresa, shotad n,anaor as around- disUbinp AcIwMet Lead epanetes should kulude In slaw rwi padw Plan proviakaw for 9w diaposMiDn orrscovercd WWWAn, in consunaGon vrlth cumaaily afNiated Native Areeduerw. J teed eggnW" ahould include Prvrlviont for discovery of Naive American larewn ntntaine or waaarked earnatems M Omit mtdpatlan plane. The specific plan sbo klppars so 14 coaaulte&A regWrern"Is (sans Not 9f cnn4a011). • CECA Gukleknea, Section 15051.5(d) requires im Med agency to vas Wk4 ills NOW Amsduns Wanllaed by this Conualaatun H the Ynael 6" Idaotlass 66 Preaanca ar leafy pnuance or Watlw Amoti as hum "M remains within the Ape. CEQA GukW*v Pmvido fora9reamanta With NativeAnwtkw. hUi%fed by Ow µARC, to swwa the appmprlato and dlgnllied tivatmsnt of Na6*s AnwicGn human mnwh s and any aeaoelated pmts pens. V ftoaAh and ale" Cads+d706aB. Pablkt Rsaourcxs Code §8067.98 end See. §15084.5 (d) of Vie CEQA t3s1d•snsa eUlldalf pfocedunr tD Ds Iolioanld to Ws event o1 ah acritleMal dlacovery o1 any numan renwkYe a1 a walkin aftw then a dedicated canWaty. 9 Load eoendia Ihut_Id comtder sk °nee a define in t I5�T0 4t Uta CEQA •t lda nee when Iranirrsnt aiNnral reaDurm era dla[ryared tl�nno the aourae of srak:GI alaoofaa. Nreasslost fro to coMad me at (910) 08 0231 trya. h"O any qucsdona. r Cc Slate cleadnahouse AnaOinent• 111to(NobveAm ounContacts W 1 7 Dave Sln*toa i/ t Pta9ramAnalyct >� r Response A Continued A -2 'this comment notes that surface evidence (or lack thereof) of archaeological resources does not preclude their subsurface existence, and mitigation for archaeological resources must be required. The certified EIR for the adopted City of Chula Vista General Plan Update (EIR- 05 -01) found that the deneral Plan would not affect any formal cemeteries or known burials outside of formal cemeteries. EIR -05 -01 also found that when currently vacant areas are developed, there is the potential that presently unknown human remains may exist that would be disturbed through development. Policy LUT 10.6 of the GPU requires that an assessment and mitigation of impacts resulting from private development and public projects be completed in accordance with CEQA. The CEQA Guidelines Section 15064.5(e) specifically addresses the accidental discovery of human remains. The Creekside Vistas project is fully consistent with the adopted General Plan Update. Compliance with policy LUT 10.6 would reduce adverse impacts to these as yet unknown resources. W I O OD iYp�nr[:u 1S w,w._a�y�yyfllatalYJa -4a*y �� ulwu nu,ry at N,1 n w [I��i�71N�� ltd -�... I HPARThIItNT OFTRANSIVII(TATlaly 71attat 11- 400 Ta lor3l. - ►s -$-3411, I,H DiWk t-A W1 Ill, j1Ax 141%411114M Y tltlINNV-IJ fae[wrra�.+ Octobrr 2, 2006 � 9UpZ .' o 130 � .00 N19, Niglio.Maclt �._. Cltyof Clwla V111a 276 FounhAvcamo Chula Vista, CA 91910 KL': 1yt1L1it+'y.Jll;f ;— IN t tt;(t jntiya'lolyl ,-, r_ts. Mutt: a'rnwlrc�$1craL 1 t- Sll -Ot15 PM ti.R'1 .Nlifvmii, bvimarrvout orTranspunotion (Coltman) appmhays tire oppolivaity to rovtew ditillatad Negativ# Dedsmion (MND) for the pwpusat C.wetcslde vistas project. King the construction of a 4ODG square foot retail building and 167 midemisl dwelling tr i on approximately 3,5 saes east of lntcmiate 5 (1 -5) idong 'L' Blrctit in Chula Vista, {a topostd, tho development has the potential to proiluco an estimated 2,110 Avemp Daily N s (AD T) wild may pntcntiatly impact slating tend future setae transportation fiwititics in trot (t•.S-, 1.1, and astoclated Oil- sad b(f rm pit. A Ironic tmpa0 study iTIS) utiaFy be Iod to assets the project's impact as well as to Identify poisibto rdLizalon meanzw. The 2b6Wd W prtpw od in sarondtm v with dw Cahmam Cltldr jnr the Arggtn ovon t f Tra it act Studlr -f, datad roe titlur 2002171$ tptldik). Mhumwn contents or txsttiu impirl .y aro listed in Appendix "A" of dw, T➢S g111do. the TIS should determine where and what IW9 of Inlptovoliitents might to nodded to mitipte for fotlne Irafl'ie j*itrytted by this dour! cnt. Caltrwu supports the coaorpt of "four share" contributions m the part or s-�rctopert for futwv Interchange ituprovanent projects, map imptuvententa, algnal tnstdlations and/or attar Wilgatitw m"sumc callrans %weetmes Ihu opportsmay to ravivw this pngo a proposal. If you ha4Y questions regarding the Department's comments, p ea.•IC contact Brent McDonald at (619) 6118-6419. Slrtcarely, &mio ti. mss, Chiaf mWolupnlant ttcviM llrauuIN •ravww WWI" a[farvaa,w[ "ka ,+n" Response B State of California - Department of Transportation (District 11) (Response Letter dated October 2, 2006) B -1 As stated on Page I l of the Mitigated Negative Declaration, the Traffic Analysis prepared by R13F Consulting, Inc., . dated May 22, 2006 assessed potential transportation, traffic and site access impacts associated with the proposed project. The City of Chula Vista's Guidelines for Traffic Impact Studies contain threshold standards to determine the extent of traffic reviews for projects within the City's jurisdiction. These guidelines include the Congestion. Management Plan (CMP) threshold standard, which requires an analysis of CMP freeways and arterials for any projects that generate 2,400 daily, or 300 peak hour trips. The project 1s projected to generate approximately 1,446 average daily trips, which does not meet the CMP threshold standard and does not warrant a traffic analysis of CMP freeways and arterials. B -2 A "Fair Share Contribution" is not applicable, as there are no anticipated traffic impacts to State facilities and the project does not require interchange improvement projects, ramp improvements, signal installations, and/or other mitigation measures. . t. CA3 I O CO United State-s Department of die Interior FLSH., iD WILD1,11T..SERVIC6 ruutuYlerl Sixvk�rt Cmlawl l%uh wd W114104 ofrar 4}010111 din Valley quad CdLUNW. Cdirruau 92011 In Reply Wtr To: 1'if5•SOC(•SI1h1.1 Mr. Slcve Power OCT 4 2ON Ptuitning and Building Dopartownt j City of Chula Vials 276 Founlh AVertud MS P -100 Chula Vista, Q%liforslla 41910 � Suhlci'1: Comttttnti on Ilia Draft hlillgulcd Negative Dataridinrilor the L`neclside Vistas Subdivision. Chula Vista. County qr San Diego, California i Dcw Mr. P",sr [�ao U.S.Flsl► annd wildlife Servim (Serviea) hat mviawed the ubdve wfurco ed Mitigalcd avt Dodaratitar (htND) and supporting documentation for the Crwkside Virus xilvirion, which wo rcoelved sin Sepiotnber 6, 20(iti. 71ie prtijeca skit is located In the City of la VIAM (City) lit s6uihw4=n% San Diego County (County). The pmjcd is located In tier em purl of the City, southwest of the L Tavel and 7ltltti AvshGe Iltferaxiiotl, betlweell L :t and Dints Sirets, The nrolui i site is located within the City's Multiple Specks wivallon Program (fvLSQ) Subarea Plan houadarlts. W primary eanmorn tui:l awn"a of th6 Service Lathe protcctkon of public Blh and wildlife A urm s and their heblt m The Servkd has legal LasponsibilUy for dW wolfaM of mlgrr[Ory 1, snadvornovs halt, nitd endungewJ anistudo and plants occurring in the United Stoics. 77ke ub is alsonuponsihte far adullolucrlttg the Etadt Wiwi Snecles Act (16 U.SZ. 1531 err The enniatenla provided herein fu.rall tike ScsvJee'v abligallons End ant hared on the irantnt pruvlded in Ilw htND and xssocmtod documcnls; our project tilex; ibe 40vioe's vicdga of scmitive and declining vegNalion conununitics in tiro County; and our cipatlon In regiuntd conservauan planning effran, C-1 The pigcet slk Is 5.5 acres Ill size and conslsts of four adjoining purcets. Thu propmod prujocl WaSisls of cOttitructiun of a mixcst -wo dcvclapmcnt that ihxluacs 167 nwltl- family tcildcnilal units. The vita is within ilia Rodevalupakvd Piajoct Areo of the City. The sift was prev iouviy ikwirtjictl but hits been vacant for many years. A nalunl drainage channel rrelegraph Canyan Cmekl ranx along the i&=tcrn peninelct Mthe project sae. 4n•aiie ve;clatttin txitrt prhuluily along rho druinage elfaaliel. The proposed open spnix area lies outside of in oxisling on -site iloodpisln Mal wetland area. The Project Lae iappons 4.6 acres of dli[urhW lands, 03 acre of sion•nativd passlukd iNNG). 0.3 true of cuenlyplus woodland, 11.04 acre orsonlhera willow scrub; real 0.3 acm of dlxturbed watlmd, Ono co iii Uve oak tree tusidai on -sUt. No soMi[ive plant (r animal species were detected during on-ilia surveys. All surrounding land is currently developed with ntsMendal or coinmcn9al uses. Tate pn►l)used ptujeet will directly lrytact oll upland ItAilxl oa -sea. to order to iv'oid impacts to Tetepraph Canyon Ova (Creek), the prupuscil project is designed lu rotuln live Crook awl an associated unhand nZoureas surrounding It. Impacts, to HNa me consldmil ydgnificant and will ba mitigated thrrmoi the purchase of uJilgtuiun rictus at it City approvxd uti(Wakm bunk. if er odits am purohastid within din Cityx Preserve Mi tiveouieat Area MVIA), the Peeled Applicant will purchase 0.15 acre cif NNG (W,1 ratio), If Ilia thilig ahon etedlli are o mcimod in u mitlgiolon bank outside file PMA. dw "am Applicant will ncad In pruchasa 0_3 acre of NNG (I:I folio). Mw eoau live oak ace m4iie will nor be reoioved. All etn:allIxtis woudlattd acrtage on-site will he riudovrd dudug pm)ect ransiructlon. To initigwe for potential impacts to nesting ruptars a dlor migmsory st+ngbirds from the reotovol of toad }plus trees, the prupuicJ projecl ptovid s.for limits on eonalrndi'on nctivkty doong die Control avian knccdhtg season. Response C United States Department of the Interior/Fish and Wildlife Service (Response Letter dated October 4, 2006) C -1 Comments noted. This language provides a project description and does not address the adequacy of the Mitigated Negative Declaration (IS- 06.006). W I J C3 Mr. Sieve Vowcr (FWS •SDG•SU61.1) We rcxgyntie th*t ntitlgillion mey>iutas have bean incorporated into the project to minimize imlriCtstuscnslth�o blalohhael retawraes. Hnn+ev�er, widicit>ru�l ay.�idsnca arul mlituuizacion nicasures will futthcr rod= die ptojail'i impacts to sensitive hablials and spectes. To mist the C -2 City In futditr mrninnizing and rnitigatinSprprCl irnpacls to biologrcai resimrom, and inenrmire that the prWjoct t5 eonststnnt With nngoing reertwtel Nbilat waserrvllon planning efNnap. wa afli7 uurreconiniendalio,ia and Ciimrrranls in the linolasurc, flur cosrunWAts are swnmanzcd as follows (1) pruvida a c+onsetvatim caxctncnfi t►vw tltt open space tad -site, (2) mvise IN mitiFptian measure concerning raptors anvil misruling surtgbirds, and 0) revlsa the mitiLdion IntatiUtL' Goncernitig tba purotuwe of NNG credits. Tkoni: you for the opp xiunity to comment on this MN D and associated docurnentaunn. If ynu liavt any quesilom regarding thK latter. please contact Amber I hues at the Scrvim 111 (760) 431- 4440 ext 208. nccrcly. ! Therese O'Rotlrke w Assistant Field Supervisor I US, Fixh and Wildlife Serrim S1N'4 Arvid Air] cr, Catifwnis Dv{wturwntut tlsii MW Honig Response C Continued C -2 As recommended by the United States Fish and Wildlife (USFWS), to further minimize project impacts to sensitive biological resource and ensure that the project continues with regional habitat conservation planning efforts, the Mitigated Negative Declaration has been revised to incorporate the USFWS request for a Legal mechanism to ensure the protection of wetland resources onsite and revised mitigation measures provided by the USFWS. The new and revised mitigation measures are in -response to comments regarding significant biological resource impacts that were already identified in the Mitigated Negative Declaration. Changes include the placement of the wetland resources onsito within an open space parcel to ensure the area is preserved and managed in perpetulty. In addition, as requested by the USFWS, revisions to existing mitigation measures have also been made with minor modifications. No new significant impacts or conditions of approval are identified or created in accordance with 14 Cal Code Regulations and California Environmental Quality Act (CEQA) Section 15073.5. Mr. Stet'u Power (11 VS- S1X7- 5U6I.I t Encloxun Nip 1 U.S. F11141 AND WIL'UI,VL SERV[Ltr:(:Qhihil.Ml`%UN 111L DRAlV IVINb FOR TUP C7(N;USIDE VISTAS SLIDDIVIRON 1, The MNR inll ictaox Ihut the Ctuuk ;out outland resuurccs within life project site would be paascr ed w u natural open spuce Int, but ikwa not rvtteeiry the tcl ai ma- chantsni wia~reb. tits i would be aehitvvd, We uplslvtuia[u that the proJeet ruOtprb►t will u +•aid all utidund habitat on- aile; however, we recwnuncad that the Tina[ MND rofitare that the prnpt'lccctwaelland open *pm auto he prwewd sand ttta iagud in perpetuity and be pureed within it rormurvalJOA emonlont. Pnor to issuance of aaty lanki n4latlnprnarnr per111i1%, utcittdiag drum{ end gnAllning I (it graJirp [Wrinir, the 1149lcont sJtnum prcriam a htunugcment mid btnnitonng Plan u, In j subrruatctl rn da+< lain trn reaotw and apptr cal Thu Applltawl should AW he ra:sponxihld for i muratuufing lbc bialoswal integrityof the natjtlhvd Open KttmW 01134 In pUpen4ty and rhatl +! :141da by all atanaga imat and wornturing amen u mi Identified in the btanayrment and i htunhoring Plan until well tine as an uppromiuie niltffitl moil callly has been Identified and j oplxw)Yo i by this Glly. The Applicant % hould provide evidomm that u CiWapproved biologist has-been retained to nutaltor gild n,anogo die open spon:v lot Ui►tit Hp( ►It7t1ilalC 111;1ntleelttcnt entity hrl% been ideniiliud. i 2- X-Adgali'ellrnoiw%l 4 i. to urticr to limit oo"ruction di%turbanca in raaturs and migratory � inlz, tv+c tatnmmerrd that rnitlguticxa olrl.uro I be rixltll Heil, a>; follows: W t , Although the slto dne:+rurt suppnnl Grriritive h;abhul, twralyp7u+;lrc,a:r cart cttppfprt _► rleal lag taplots anti du drainage channel on -silo could support nesting mlgra im birds. 'r+icnsura tIn1U nestlab raptont and other nsigratory blitU aiv not ufkaod by oiwrimoxi activificr, ills clewing and gnibbina of, tuft[ eonstrucllon adjarenl to. cucaiyptus Irets, .p or habitats where raptors tw other migrata fy burry c+xlhi r><st- Ahnuld issue rwt.itl,. ref VII raplorandg .a.aral8vititi)imewling..% sworn( 1. vaunwyISfnAnpuci11),orgvtnerifa r{tadliicd biologist denuinstrttey to the 1WI;jxfflctign of the Wildlife Agoncles that all nvsUng ta, unlpltla. Ircousinuliun {other that regclatiun clewing wad gruhfiingl must occur during Or.. breeding carom, prior to ialtiuting, any otiYncnuctinn -n laud somitiet iI iht►lliding t>ralluv:al Of vegctatlua 1, pre- tunstanction survey% must Ito per(birnod by a City- Jlpproved hiolog'itit in dC1cinni o the i aeoce in a[beenoe of Ila,l I'S bi Fits WIN 1% 30a- feet (.300 feet Ike ruptun`) of place rumtniclton arcu. 71-M ptc- rtmstmUion survey n[usl be ceaducLed vvilhin 141 c01ead4r day:; prior to the "Mart of crxutnu;tino, the Ic+all% of whidi must N Nit henimA to the City for review and approval prior to lailputing env t ca mlruction aeuvitics. If ocsilag bl.lils ale it oclfd by lha Chy- ItpprovW blologia. 4 hio•nloollot shnwld W oat -die tithing camdrumon to mrnimire construction impaeLh and t� onsure thut no nc%t Is removed or- AgkisliM until gll }dung have tlwi804. { i. Mhicatitm incasufe 5. Tkc text of mitigalu/n 4110 Drd 5 should what ac rollow:s. MA1 la bold IA at14+M1, utrikvilirouth iaxt otwuld be drleted)t I U. PrInTIn Lwatica Of uny land development. Including c•Icndrig wid grubbing orgrudieg t permlts, the appllcanr shalt seckWO 4.15 acuegfeon- native glaitsland (Tier III luibhaao to u CI L )wppruvrxl mitigation bank within the City`s Preserve .Manaliernen( Area � fUUNftk111 far tglprirlx IuiI.3 Ilrra of »un•nuuve griaalrind. In [lYU bvnnt ntitibulu>ncrcdlis tin: a.icurcel lR :t City- upprOV+xi mlllglulon 1ranK lVOa►tt,+i► alfua-stks,yf Iht ptestrve r hlfmsgetuent Area, the appliewn shall secure n.} acre arnnn -mauve graxctaild hulutal. Veri icutiun that mitigation credits have been nbtuinrd nball be provided to 1bo City prior In Appmvrd Of luny lafad dt:►r.ik . h nt t>tnnrtc Response C Continued C -3 Comments noted. Comments noted. The Final Mitigated Negative Declaration (IS-06 -008) has been revised to incorporate the recommended Conservation and Management Plan measures and suggested changes with minor modifications. Department of Toxic Substances Control tns�r9 AJriu Ww*#is F. oo ma, t*&olor surxW4W1 ' i�W►Ar 5706 Caporal® Ayanue wwro arnter.,o,w hM.vv� Cplrexs, CaW=ja OC630 i - 0dober 10, 26116 I - .. j Ale. Marra Wait ` Assaaiala Planner Cliy of Chula vlata 276 Fourth Avenue Cho* V161a, cailtornta 919'10 W 1 N NECATiVE DECLARATION (NO) FOR CREEKSI.DE VISTAS (SCH#2DINM11 } fit 001 Ms. M410tL The DeTrsrtment of 7oxlG RrabetanCe6 Centro) (DISC) hes received vrwr aubmillod ftegatl,re Ctedaratiun tttt�) iorthee•mpntbnad prnjed. The fellayvinp project de 4.942 w Thad Av>3nue, Chula Vlate. The prvporad cttnelata of a rnaed -use de,+abpment that I indudo* J 4,g0q squmrb teal 4iia s18rJ ttrlail laiadauj $nd 1St rnuilll.femfly raiwdemtlai A uni ilivb vaye ntal Teke (Hl IT) Permh in accordance with this Cily o(CW -a Vista MUlliple Species COnstorvatidts Proprt'a+ tnt ia} S+it>ared Plan. The proposed project site is kmated In the CCP (Genbral Cr mmerciallPraclao Plan) Zoning pnd Mkift tmixod Us* P*slddnual) Geaead Plen lanai Liza designaiinne Based on the rev*wav of the isubmitied document, DT50 has comments as follow: Response D State of California. Department of Toxic Substances Control (Response Letter dated October 10, 2006) D This comment letter was received by the City days after the 30 -day public review period closed on October 5, 2006, however, it is included in the Response 7b Comments. According to the Mitigated Negative Declaration, in order to assess potential hazards/hazardous material impacts, Phase )/Phase It site assessment reports were completed by Leighton and Associates, Inc., dated July 7, and August 12, 2005. Leighton and Associates are professional environmental site assessors and registered professional geologists licensed by the State of California. The onsite Phase 1 report revealed one 55- gallon drum (that has since been removed), no evidence of staining, and no above ground or underground storage tanks. According to the-Phase 1 report and Geological Reconnaisance Study prepared by Leighton and Associates, undocumented fill was found on site. The undocumented fill was determined to be primarily residuiit concrete foundations and transient trash. The fill has since been substantially remediated. t) The NO shotiid ldanttty JIM datennina whether current ar ihiatonc uses in the Pr4jwYit area rriaty have rbSulti:d in ,1rtY reivax at hazarc>Inug wema/wimtonoss. A Phase II report was prepared in accordance with standard assessment procedures and identified three nearby off -site Leaking Underground Storage Tanks (LUST) 2) Tha NO ahotttd identify airy mown orpotemiallyconlaminated sltae within the P"ect avers. Far all idenlpiad sites, the U-0 should avaluste whether cases. The Phase II concluded that these active cases are either currently underway proppsed wriditio�u at the site may pose, a thrOl tObviri n twOh or tha envU0W1ent. h Phase I Assessment may be suNicient to identify those sites, Followity are the or closed as regulated by the regional agencies; County of San Diego Department of Environmental Health Services (DEBS) and the Regional Water Quality Control det$basee tst eunu; of the repeatpiy aganela6: Board (RWQCB). One site is still m the remediation process for removal of petroleum hydrocarbons. Appropriate mitigation measures were included ai the event of any on -site or offshe conditions change specifically related to the leaking ' Underground Storage-Tank (LUST) case in the nearby area. This was identified as part of the Mitigation Monitoring and Reporting Program, Section F of the (0 prmw0Apuy-a,opapa, Mitigated Negative Declaration. No other Mitigation Measures were required since no other potentially significant impacts were identified in the Phase 1%11 reports. w I CA) Mr" MariA M+1u014 October 10,. 2000 Page 2 + Natlonal PrlOMR4 Li3t (NPL): A gait n5elatelned Icy the Uniied Sties Erwiranmental Naieclion ,fir enivy (U:S.EPA), $Ite MItlgaiian PfoWam Property Database (formerly GalSitvs)t ,A Database p(Im*iliy ki$W, 4y uh* IC;pIlloff is poodmatil of TbAo Sutrstarrces Cantrol. + n+etouro ConWv.atjon bird RWOVVry rgdoffloliprr $y'o m jACRIS).: A - database nt RCRA facililias -Mat In maintained ibry 11.5, EPA, Comptdl�onsiv* Emvirontt¢Mol jkospwsa Unapeneeticorn and Wbfiity Informetion System 4GERCLI6j: A dalabasri of CURCLA soles that i% maintained by U.S.A. $011d wV *gte Warmaltoa $ystgm f;$Wl$y Adaishaaa prawldad by the Californo i•n4voraied Waste ManaQromont F3oet`d whlph 0011 gtx cif both open all V II all Ginsed end inaolive sdi;d Haste disposal facilities and 4ransrot �' 9tallrJns. r Leaking Underground Stwap Tanks. (LUST) I 3001s, Looks, inves44MIOns .and Conlin (Suicy. A ust foal Is maintained bye flegional Water Gueiity Control Qohrd�, Local Coun$ m and Gitim maintain lists forhuarduus subslari s vleaoup slug and lealafti underground morega tariiks. + The Un1W StMas Army Cow of Engineers, 911 Wi ►3hlr'e DOU100d, Los Argehm. California, 13Lt 7, (2i 3) 452 -3M8. =aintains, a ist or rormody Used Defense Sllea (FLI 1S). 3) The ND should identify the rromherilam to initials anyrmquired invostigailon ipnaw mrr�r4pilon for any g ) that msy becanumninatsd, and the gawerrnnent aganty 10 prcyrida eP rot3nata regulalrirY r3vr lght, If ihnardau0 materials -or ,mostea were abxed at the alts, au erpAronmertiel assmrmen4 should bet wndmtad to determine It a rek�we nari aawired. If so, further atrdies slxxrld It* Orried W-110 tlelirl6g to tW netu(O erd oklant W ma nontarninatJon. and the poiardial thmatto publichaatlh androrthe anyboriMent SIM)p t, io+OvOlu$W. It maybe neoo- -sbary to determine if an expedited response. action is required to ngUuO$ ex+#t.lg Qr pg1en11al threbts tp pupllc haelth nrthe• environment lino immediate threaf exist v, the i.>au remedy ,61"M be ianpl0M91110 in oxwiptlanca wish state regulavons, policies, end taws.. Ms.. Maria Muotl OctWw 10, 20DO >i�age s 4) Ail anvirunmeolal twosstigaiians, sampling'ardlvraomedWition for Me 31W 5houl0 t)* ernducted uwer a Workplan aWiyrad and overseen by a regulatory agency :a' ► that ha& jutl$didlbn to rsmt} li�a�rdbw8 lrubstance cleanup. They ilndings of any rnveetgarlions, including Phase I and 11'invesligationS, d110i11d 3uir+trtsrizEd In -thedocurreard: Aft sampling remA13 In which hezardous substances were Found i should 1564 03tly 3ttM- Mbrii in 0 W' 1510- 1° Si Proper Invasalgob0a, sampling and remedial aabas, if necessary, should be j oandurAud at bUb Site odor 10 the now dvyWopaient or any w astnictrsar, and i averseen by a< regulaiaryr agency. �6j if any propody adjacent to Ube projed silo Is eontXsfiMMOO WWI hazardous chemical%. and if the proposed project Is wshin 2,000 feet from a conlamMADd $110; eyzept fear a g" st$tlon, ihen the prrjpasad davelic pment rney b1t wilh-irt the `pardarZone of a CanlaminaW Property,' Aflproodate pWSU 014 S11001 he takers prior to aanstrucllon if the proposed prvjacl is vAl in a Bonder Zorw w e,,> t�crpclfy+. I I A it pulldlrq ainidtures.., asphsM rW O=rate -paved surface areas or olher.:strtrclures .p CO ara plannodl to be dunalished, on iinvostigalion should be c4ndwdad for the prasenca of Wad4wead paints or pmdurtr.. mercury, and asborAos WhUMMOV mal4riaig (ACNI%j 11 latid•4os+4+d pa►Inia or products. mar-cury air AChia are Identified, proper precautions shmW bar tarkan dpi dt rnGllWfl adrJvtllea- A.dditliDnWly', tfue owlaminents ahnuld he vemediated in compliance. with California fwAranmerdal reoulalirwit, Policies. am iaws_ ,B) The project construction mmry raquim eaill ,excavatkm and salt filling in oedain aroaa, Appiopflate Sarm�jijwj I$ rdgwlNe4 priorta 419 Pa3al of tha —exe algid erati. tf the sail is cantamineried, properiydispasa of it ratter than pladrro It in tkr►oihbr 1 location. Land Disposal AwrIcAlens (LDRs) may be applicable ta- thews soils. Also, if iho pooGect Prhposos to import will 1;* bar*IO lute areas excavated, proper sampling should be t;,ondudied to make sure that Me inaporlod sbil it freed a contamination. 9) Human 1►sa M and the anvirunnrsai of sensitiari'6COPW$ should Da prnWled during the construction or d'eti nlifion .activity m. A study of the ails. ovemsen by the appropriate t oiMrnnWA agency, rnkffit..errs to Use conducted to deteemrins if theta are, have boon, or 4%iip be, any raloasus of ha9tiu &voi materials 1h3t shays pass a risk to human NeaJth ca the snviranaw...M. Mv. Marra hiusit Orlobar W, 200 Page 4 -10)lf l[ is datarminad [haft hazallous w�sles are, orwill be, genafated by the iyrvix'sed oesetollons,. tt* waster, mast be mana6od id;D0WitlanC0 w11h ihs Colifomia Haaardaus Wanto Control LaeAr (Callfarnia Hbafth and safely Cade, Dlaualan ?A. chapter 6.$) *0 Me, M=Oc us Wosia !anus[ ftgwlailons (CAlikAub Codttof Ragulatans, Tido 22, Division 4,51 If sa, tlW facility should obtain a Uniled St alas En irnnmantsl !"wlaallnn Aaea cy Identif stbie Number tyy contacting (OW) 61 8-81342. •1.1)Geriain hazordausf vtasta brestment prnceases may require authorlrallan from the IWO OW1111100 t.W)9CI Pmgr*M Agibriq (CUPAI. Inlormollon 6DOW the j refquiremord for aWhorimtr n can be Wained by oudacbng your Iorall CUPA. i if trra project plans Include 4i$CWgFfgr w*M6;% -Aar to a 3to t dz1j iii` surrara 1 waive, It nl5rir Ilan noLvssari to vbtain on NPOES permit from iha oversesirg j Rogional WalarCluality ConW Board (RWQCEI � If�during comtrualiGnMemalttion in the Project am. sail ardror- groundw-stec ` rsaralerninatlon Is suspeded, wtsttuolloflrtictiisriolloaa In tha aroa shoAl mdse and 8p firap1WO hoitllh and Waty procadures should to ingAomenied. If it is cn doleanined ihsrtfcontaminated soil andlnrgm adwaber awist, the NO shmtd Identify hoer anyaeWkw- Iry"Ipt'ron ary6W remeakxtlsn will W 04nductet1. snr3 t ai5prdtytiatla vemmvnl agency to prwids negulalnr]-oversight. 1 DISC provides guldisnoo tkt croonup overstfil thr 4h this VolurilAry Cloonwp PiWam (VCP). For additional inforrnalian an iho VCR aleese, visit DTSCs wob site at rwwxr. dtsc- ce.gay. If )vu have any questians mgardirtg this fetter pleaaa comact Mr. Jnseph Kaslawskl, Project Nlenagar, at (714) 4B4.547i or small of j14ASlptiwglgi��!rJ1SG:Gl.�dv Sincerely, f I GTW Holmes i Unit CAW Soalrisrn Calitomia Cleanup Opteollons Branch - Gyrpnxss Office cc: Sea naxt page C.0 I rn fh,: W do Welt Octaher 10, Paga6 oe: G01A noes GF50 8 W Plannlno and ROMMIl Stada CIeeringtw use P.O. Box 3044 ;sootibfflento, callromia 9W12.3044 w cn 0 Mr. GoWher W. WoUt, Chlef Planning and EhvironrmMAl Analesir, Sadion CEOATracking •CenbK DWMn eml of ToxIc $ubsioncee 0onlrol P.Q. BOOK 848• SecramrsnDaa, ollrcmle 85812 -0806 ATTAC'EM ENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) . CREEKSIDE PISTAS — IS -06 -008 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Creekside Vistas project.. The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA) and City /State CEQA Guidelines (IS -06 -008) The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB 3180 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 following potential impacts(s): 1, Air Quality 2.. Biological Resources 1 Geology and Soils 4., Hazards/Hazmdous Materials 5., Hydrology and Water Quality 6. Noise 7. Transportation/Traffic MONITORING PROGRAM Due to the nature of'the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator 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 Environmental Review Coordinator and City Engineer. The applicant shall provide evidence in written farm confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS -06 -•008 to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid. Significant Effects, of Mitigated- Negative Declaration 15 -06 -008, which will be implemented as part of the project, In ordez to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoringNerifying that 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. I: �Pia=ing%LkRIAlimtial StudXreekside VistasUS -06- 0081MNRPtmd.doe 3 -51 3-117 - CIO CraCkside Vistas (IS-06-008) Mitigation Monitoring and Reporting Program Table I v -yim q;p7�J,7 ed Y IV.., A IT I?R OR Timing of Responsible Completed Comments Mitigation Mitigation Measure Method of Measure No. Verification Verification Party Initials Date F,& I"; , . qv-,"t-3, 7prpvq� .5- mA 4 i.A FA Ila Page- i ........ .... ....... W f co CrVekside Vista 1$-06 -008 i i a ion Monitoring and Revor-fing Program Table 1 1. The following air quality mltgation requirements shall be Plan Check/Site x x x x Applicant! City shown on all applicable grading, and building plans as Inspection Engineering 1 details, notes, or as otherwise appropriate: Department/City I Minimize simultaneous operation of multiple Planning and Building Department construction equipment units. • Use low pollutant- emitting construction equipment. Use electrical construction equipment as practical. • Use catalytic reduction for gasoline- powered equipment. • Use injection- liming retard for diesel- powered equipment. • Water the construction area twice daily to minimize fugitive dust. I • Stabilize graded areas as quickly as possible to {� i minimize fugitive dust. • Pave permanent roads as quickly as possible to minimize dust. W i Use electricity from power poles instead of temporary i Vt generators during building, If available. Apply stabilizer or pave the last 100 feet of internal i travel path within a construction site prior to public road entry. • Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. 1 Remove any visible track -out Into traveled public streets within 30 minutes of occurrence. j • Wet wash the construction access point at the end of i each workday If any vehicle travel on unpaved I surfaces has occurred. Provide sufficient perlmeler erosion control to prevent j I I washout of silty material onto public roads. • Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow -otf during hauling. I Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour. `llfi� (, ..:.... a s Page - 2 W I N O Creekside Vistas (IS -06 -008) Mitigation MQniloring and Reporting Program Table 1 Page - 3 • Any construction equipment exceeding 100 brake; Plan Check/Site X X X X Applicant/ City' horsepower must meet Tier 3 emission limits during Inspection Engineering the grading phase of project construction in Department/City i accordance with the proiect's Air Quality Impact Planning and Building Analysis dated August 25, 2006 Department • p. ...:: � ss • , ns_. •. ata � _ ,. _ . _ 2. TQ ensure no indirect Impacts to nesting raptors and other Plan Check/Site X r x x X Appilcant/Clty migratory b)<43 occur during construction (including Inspection Engineering clearing and grubbing) construction activities adjacent to i Department/Planning nesting habitat should occur outside of the raptor and and Building general avian bte!ldlno season January 15 to August Department I ( teFy bk6e, eenstruslkw mustoesur-sutslde e� I i breeding -season NF lheas SPOG'e6 (iafiu8ry464hreu9h I Septemb"). If construction must occur during the , I breeding season, iheappheant shall- retain a City i appreved434olognst4o4sendaet a- pre - construction surveyq must be performed by a City- approved biologist to determine the presence or absence of for nesting faptofs ond/eF- migfatefy birds within 300 -feel of the construction I i area and nesting raptors within 500 -feet of the construction efea. The pre - construction survey must be conducted within 10 calendar days prior to the start of , construction, the results of which must be submitted to i the City for review and approval. If nesting birds andlor raptors are detected by the City- approved biologist, a bio- monitgr alust be prase t onslle during construction to minimize construction imoafAs and ensure that 4po nestp sheuld -be ere removed or disturbed until all young have fledged. j r, 3. Prior to the issuance of any land development permit Plan ChecklSite x I X x x Applicant/City i including clearing and grubbing or grading permits, Inspection ff Engineering temporary orange biological fencing shall be installed i t Depariment/Planning I around the one mature Coast Live Oak located adjacent and Building to Telegraph Creek. The applicant shall obtain a City- ! Department approved biologist to delineate the drlpline of the Coast Live Oak and monitor the Installation of the temporary t I fencing. This fencing shall be shown on both grading and I landscape plans, and Installation and maintenance of the fencing shall be verified by the City's Mitigation Monitor. I Page - 3 W I N Creekside Vistas US -08 -008) Mkigafion Monitoring and Reporting Program Table 1 4. Prior to Issuance of any land development permit, Plan Check/Site X X X X ApplicanVClty including clearing and grubbing or grading permits, the Inspection Planning and Building applicant shall prepare and submit a landscape plan to Department/City the City for review and approval. All proposed Engineering landscaping shall avold the use of non - native invasive Department species including, but not limited to, the species listed In i Appendix N of the MSCP Subarea Plan. Prior to the Issuance of any land development, Including Plan Check/Site X X X x Applicant/City clearing and grubbing or grading permits, the applicant Inspection I Planning and Building shall secure 0.15 acre of Non - Native Grassland (Tier III DepartmenUCity habitat) in a City approved location or mitigation bank I Engineering within the Citv'lPreserve for Impacts to 0.3 acre of Non- Department Native Grassland. In the event mitigation credits are secured In a City - approved location or mitiga►ion,bank outside the Preserve, the applicant shall secure -acr I of Non - Native Grassland habitat at a 1z! rail . Verification that mitigation credits have been obtained shall be provided to the City prior to approval of any land 1 development permits. Should Mitigation credits he g_eojred in a City- approved location outside of a (ni- fgatton bank the applicant shall prepare a W r Management and Monitoring Plan (MMP) to be submitted to the City for review and approval The pppligant shall V1 also be responsible for maintaining the biological Integrity yr of the Non - Native Grassland habitat In perpstully and I shall abide by all management measures IdentifieJ In e M P until such time as an anornorlat o Management entity has been identified and approved b i e City, 6. Prior to Issuance of any land development, Including Plan Check/Sile X X x X Applicant/City i clearing and grubbing or grading permits, the project shall Inspection Planning and Building Implement Best Management Practices (BMPs) Identified Department/City In the Storm Water Pollution Prevention Plan. BMPs shall Engineering be noted on grading plans and implemented during Department clearing and site development to the satisfaction of the City Engineer. 7. Prior to Issuance of any land development, including X X X x ApplicanUCity clearing and grubbing or grading permits, the project will Planning and Building be required to obtain a HLIT Permit pursuant to Section Depariment/City 17.35 of the Chula Vista Municipal Code for impacts to Engineering Non - Native Grasslands. Department Page - 4 W I N N Crgeksjde V„�stas (IS -06 -008) Mitigation Monitoring and Re cling Program Table 1 Page - 5 X X X X Applicant/City 8. -Prior to issuance of any land development permit, 7 Including clearing and grubbing or grading permits, temporary orange biological fencing shall be installed around the walland resources on the protect site that will I Planning and Building DepartmentlClty Engineering not be impacted by the proposed project. In addition, the Department applicant must retain a City - approved biologist to monitor the Installation and on -going maintenance of this temporary fencing adjacent to the wetland resources. This fencing shall be shown on both grading and landscape plans, and installation and maintenance of the fencin2 shall be verified by the Cit s Mitigation Monitor. 9. Prior to issuance of any land development permit rA ubbjgg g permits the JtfrjUiting clearingin Qycradig X I X X X Applicant/City Planning and euilding, Department/City Engineering Department applicant shall deiiignate the area of wetland r@soursces onsite as an open soaps parcel to ensure no future elo me Is er ft a wit I is area. Prior to issuance of any land development permit X j i X X X ApplicanHCily Planning and Building Department/City Engineering Department i inc uding de. acing and grubbing or grading oermits, the aoplicant shall areoare a Management and Monitoring Plan (MMP) to be submitted to QIty for review and approval The applicant shall also be Lespansible for maintaining the biological Inteadly of the reguired open i Qq 1 i cna�n irea In oermtuity and shall abide by all management and monitoring measures Identified in the MMP until such tl pg as an opprooriatg ftldnagement entity has been Identified and approved by the City Pdor I I to issuance of any land development permit, in ding ctgering and grubbing of grading permits the applicant ajgtjj provide evidence to the City-that a City- approved bioloalst has boon retained to monitor and manage the open space Parcel until appMprlate mananem has been Identified, i i I I i Page - 5 W I N C4 Creekside Vistas (IS-OB -008) Mitigation Mgnitorino and Reporting Program Table 4 Page - 6 NIP a 1` Prior to Issuance of construction permits, the applicant Plan Check/Site X x I X I X ApplicanUCity shalt provide evidence to the City Engineer and the City Inspection ! Planning and Building Environmental Review Coordinator that all the i I DeparlmenUCity recommendations in the Preliminary Geo logical I ` j Engineering Reconnaissance Report, dated July 7, 2006 have been Department satisfied. i ' 0 48-12 In the event any off -site conditions change, specifically Plan Check/Site X X x x ApplicanUClty related to the LUST /monlloring well site adjacent to the Inspection Planning and Building north, additional assessment shall be necessary by a DepartmenUClly I qualified environmental professional to assess those I Engineering areas of concern and potential impacts to the project site. Department This may include the preparation and submittal of a I written analysis, Identifying the areas of concern with appropriate measures, to the Environmental Review Coordinator and San Diego Regional Water Quality Control Board (RWQCB) for review. I w 1 1 -- Due to the location of the project next to a waterway and Plan Ched/JSite X X X X ApplicanUCily ~ -13. potential for substantial Impacts to water quality, the Inspection Planning and Building i applicanUdaveloper shall be required to implement post- I Department/City construction Best Management Practices (BMPs) to the Engineering Maximum Extent Practicable, including the use of high { Department pollutant removal eKcl.nry treatment BMPs to the satisfaction of the City Engineer. '. I 42-14 Prior to the issuance of a grading permit, a final drainage Plan Check/Site x X X X ApplicanUCity study shall be required In conjunction with the preparation Inspection Planning and Building of the final grading plans. The City Engineer shall verify I DeparimenUCity that the final grading plans comply with the provisions of , Engineering California Regional Water Quality Control Board, San ( Department j Diego Region Order No. 200101 with respect to construction - related water quality best management practices (BMPs). If one or more of the approved post construction BMPs is non - structural, then a post - construction BMP plan shall be prepared to the satisfaction of the City Engineer prior to the l commencement of construction. Compliance with said plan shall become a permanent requirement of the Mhlgatlon Monitoring and Reporting Program. I Page - 6 W 1 N -P Creekside Vistas (IS -06 -008) MiligB(igq Monitoring and Reporting Program Table 1 �3 15 Prior to the issuance of a grading permit, including Plan Check/Site X x x x Applicant/Cily clearing and grubbing activities, temporary desllting and Inspection Planning and Building erosion control devices shall be installed. Protectives i Department/Clty " devices, as determined by the City Engineer, will be Engineering provided at every storm drain Inlet to prevent sediment Department from entering the storm drain system or entering the Telegraph Creek Channel. These measures shall be reflected in the grading and improvement plans to the satisfaction of the City Engineering and Enviranmental Review Coordinator. I NO= 01= i trg 4416 A 5 -foot high noise sound barrier wall shall be installed Plan Check/Site x x x x Applicant/City, around the penmaler of the pa8o/balconies adjacent to Inspection Planning and Building Thlid Avenue. The height of the sound barriers Is based Department/Cily i upon the finished pad elevaton of the patio/balcony and Engineering must be solid in construction with no holes or gaps. To Department I preserve a view, glass or plexiglass Win a minimum density of 3.5 ibs /foot: may be substituted for other construction materials. The sound barrier shall be constructed in accordance with the revised noise study W dated May 1, 2006, and on the development and grading i plans to the satisfaction of the City Engineer and Cn Environmental Review Coordinator. j 17. Pursuant to Section 17.24.050(J) of the Chula Vista Plan Check/Site X X X X Applicant/City Municipal Code, project- retaled grading or construction Inspection j Planning and Building activities shall be prohibited between the hours of 10:00 ' Department/City p.m. and 7:00 a.m. Monday through Friday and between Engineering 10:00 p.m. and 6:00 a.m. Saturdays and Sundays. I Department' 4@.19 All construction equipment shall operate and be Plan Check/Site x X x X Applicant/City maintained to minimize noise generation. Equipment and Inspection Planning and Building construction vehicles shall be kept In good repair and Department/City fitted with "manufacturer- recommanded" mufflers. Engineering Department 47-1 g The construction equipment storage area shall be located Plan Check/Site X X X X AppUcant/Cily in an area of the project site furthest away from the Inspection Planning and Building adiscent medical center and adjacent residential Departmenl/Clty properties. This area shall be Indicated on the Engineering development and grading plans to the satisfaction of the Department City Engineer and Environmental Review Coordinator. Page - 7 W I J N C.17 CrefYkside Vistas ((S pl>oe) Mitigation Mon, itorinn and Reporting Pro. am ! Table 1 i 4& 20 Prior to approval of buildingipermits, the applicant shall Plan Check/Sile X X X X AppllcanUClty 1 submit a subsequent noise Study to the satisfaction of the Inspection Planning and Building Environmental Review Coordinator demonstrating that i Department 1 the final roof - mounted HVAC and other roof mounted ! I equipment complies with the City's noise control ordinance at the property bqundanes of 45dBA Leq (one I hour) during nighttime hour{ and 55 dBA Leq (one hour) i during daytime hours or amblent noise levels, whichever I I Is greater. I 40.-21, All rooftop pumps, fans, afiq air conditioners /heating units Plan Check/Slte X X X i X Applicant/City on the protect buildings shall Include appropriate noise Inspection Planning and Buliding abatement and be screened by a minimum three -foot Department high rooftop parapet that blQcka the line-of -site view from the backyards of the nearby, residential properties to the exposed roof and mechanical ventilation systems. I i I i 22. Truck deliveries shall be restricted between the hours of Plan Check/Sits X X X . X Applicant/City W 7:00 a.m. and 10:00 p.m. Inspection Planning and Building + i Department U1 23 All diesel delivery trucks shall turn off their engines during Plan ChecklSile X X X X Applicant/City loading /unloading activities pt the designated commercial Inspection Planning and Building parking areas whenever po6sible. In the event, a deilvery Department truck Is not able to immediately enter the designated commerciat parking areas,, the diesel truck idling shall be restricted to a five- minute lirpitation In accordance with i State law. No truck loitering shall be allowed on the parking lots or surrounding ' ro ect area. .I.Tianfung\MARIAMTnitial SiudylCrccksidc Vislas\IS- 06- 008MMRPtbI.doc i i Page - 8 3 -126 3 s�. Attachment 5 ADDENDUM TO MTIGATED NEGATIVE DECLARATION IS 06 -008 PROJECT NAME: Creekside Point PROJECT LOCATION: 912 -944 Third Ave., Chula Vista Ca. PROJECT APPLICANT: Creekside Vistas, LLC (Property Owner) CASE NO: PCS- 12 -07, DRC- 12 -17, PER -12 -03 DATE: October 17, 2013 I. BACKGROUND /SCOPE OF ANALYSIS The purpose of this Addendum is to address the additional environmental review of the proposed Creekside Point project that is covered by the adopted Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program IS -06 -008 (See Attachment 1) as a result of the proposed modifications to the design of the original covered project, physical changes to the project site over time, and other circumstances such as changes to applicable federal, state and local laws, regulations, and procedures. As the lead agency for the project under the California Environmental Quality Act (CEQA, Public Resources Code, Sec. 21000 et seq.), the City of Chula Vista prepared and conducted an environmental analysis (Mitigated Negative Declaration IS 06 -008). In 2006, the Mitigated Negative Declaration addressed the original proposal to develop the subject site with a Mixed Use — Residential Commercial project known as Creekside Vistas. That project consisted of the construction of 167 multi - family residential units with four stories, built on a podium format over a 299 -space parking structure, and 3,800 square -feet of commercial space. The project was approved, but the land use entitlements have subsequently expired. The property owner has submitted a new Tentative Condominium Subdivision Map and Design Review Permit for re- designed projects, which have been reviewed. The current project proposal requests development of a Mixed Use — Residential Commercial project that has been scaled back from its original design. The Project proposes to build 119 residential units, four of which are live /work units to be used for living quarters and for the establishment of a home -based business. The Project also includes approximately 700 square -feet of commercial space for a small retail outlet or other use permitted by the Central Commercial zoning. The residential component of the project includes a unit mix of 33 one - bedroom units, 44 two- bedroom units and 38 three - bedroom units, and 4 one - bedroom live /work units, arranged into four 3 -story residential buildings. The Project will provide 224 parking spaces with a mixture of garages, carports and open parking spaces. The Project also includes the construction of the following amenities: a 2 -story club house building, a swimming pool and spa, a tot lot, and two outdoor patio areas with BBQ's, fire pits, shade trellises and seating areas, a large passive open space lot along the 3-127- Addendum to IS -06 -008 westerly edge of the property bordering Telegraph Canyon Creek, that will support existing wetland resources, non - native grasslands, trees and other vegetation that has been disturbed by previous use of the property. The proposed project has been redesigned so that there would be a reduction of 48 multi- family residential units and a reduction of 2,252 square -feet of combined commercial and office uses when compared to the previously- approved project, as shown in the table below: Approved Project Proposed Project Change 167 multi - family 115 multi- family resid. units Decrease of 48 multi - residential units 4 live /work units family units than 119 total residential units previously analyzed 4,000 sq. ft. 700 sq. ft.. commercial uses Decrease of 2,252 sq. commercial uses 1,048 sq. ft. live /work office uses ft..of commercial than 1,748 sq. ft. comm. & office uses previously analyzed The environmental impacts of developing the 5.53 -acre site were previously analyzed in MND IS -06 -008. Specifically, the physical impacts of developing the 5.53 acre site were evaluated and potential impacts to Air Quality, Biology, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise and Traffic were identified in the original MND. The analysis showed that potentially significant environmental impacts were identified for all of the above resources, except traffic, and mitigation measures were required. Since no traffic impacts were identified, no traffic mitigation measures were required. Mitigation measures from the Mitigation Monitoring and Reporting Program (MMRP) for MND IS -06 -008 are still valid and applicable to this project, and are incorporated by reference (See MMRP in Attachment 1). The physical development of the 5.53 acre has site been previously addressed in the MND, therefore the Addendum to MND IS -06 -008 focuses on the changes to the project design. II. PROPOSED AMENDMENTS The Applicant has submitted the following development permit applications for the proposed project: a) A Tentative Subdivision Map (PCS- 12 -07) to subdivide 5.53 acres into a one -lot Condominium Subdivision, including 115 multi - family residential units, 4 mixed - use (residential /commercial) units, I commercial unit, 1 recreation building with 224 parking spaces and approximately 2.27 acres of open space. b) A Design Review Permit (DRC- 12 -17) to construct a mixed use project, including 115 multi - family residential units, 4 mixed -use (residential/commercial) units, 1 commercial unit, and one common recreational building, 224 garage, carport and open parking spaces, landscaping, and approximately 84,620 sq. ft. of common usable open space to be developed for recreational uses. 2 :,. 3 -128 Addendum to IS -06 -008 III. CEQA REQUIREMENTS Sections 15162 through 15164 of the State CEQA Guidelines discuss a lead agency's responsibilities in handling new information that was not included in a project's certified environmental document. Section 15162 of the State CEQA Guidelines provides: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measlwre or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. e3 3 -129 Addendum to IS -06 -008 Section 15164 of the State CEQA Guidelines provides that: A. The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. B. An addendum need not be circulated for public review but can be included in or attached to the final EIR. C. The decision - making body shall consider the addendum with the final EIR prior to making a decision on the project. D. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. This Addendum has been prepared pursuant to the requirements of Sections 15162 and 15164 of the State CEQA Guidelines. The proposed changes to the project do not constitute a substantial change to the previously approved project. The modifications proposed would not result in any environmental effects that were not considered in the MND, nor would the changes increase the severity of any of the impacts identified in this MND. There has been no significant material change in circumstances relative to the project, and no new information of substantial importance has become available after the preparation of the MND (IS -0 -0). The mitigation measures identified in NIND would be equally applicable to the revised project. None of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. Therefore, in accordance with Sections 15162 and 15164 of the State CEQA Guidelines, the City has prepared this Addendum to MND IS -06 -008 as described below. IV. ANALYSIS Updates to technical studies previously prepared for the Project MND have been prepared to reflect the new proposed project configuration and layout and identify any potential impacts. These include: 1. Updated Air Quality Impact Analysis by Scientific Resources Associated, dated 6/20/13. 2. Biological Resources Letter Report by REC Consultants dated 8/28/13. 3. Drainage Study for Creekside Point by REC Consultants dated 4/18/13. 4. Water Quality Technical Report by REC Consultants dated 7/1/13. 5. Geological Reconnaissance by Construction Testing and Engineering dated 3/15/13 3 -130 Addendum to IS -06 -008 6. Phase I Environmental Site Assessment for Creekside Point by Construction Testing and Engineering dated 3/31/13. 7. Acoustical Report by Helix Environmental dated 10/13. No new significant impacts were identified in the updated technical studies regarding the proposed project. The updated technical reports demonstrate and substantiate that the proposed modifications to the approved plans do not result in any new significant impacts nor increase in severity of any previously identified significant impacts. While the modifications to the project plans would result in a decrease increase in the number of allowable dwelling units and commercial square footage, units, there would be no expansion of the limits of grading. The Director of Development Services has discretion regarding enforcement of Mitigation Measures, in order to determine if their enforcement is applicable, not applicable, or infeasible, during the review of implementing development permits. The Director will take into consideration the intent of the Mitigation Measure, and any required changes to regulations or procedures that affect their implementation. As circumstances surrounding the project change, the Director can make an interpretation that a project complies with a mitigation measure or not. Therefore, staff recommends that existing Mitigation Measures apply to the project as previously adopted, and that no new additional mitigation measures or modification to existing mitigation measures are required. Thus the proposed project is considered to be adequately covered under Mitigated Negative Declaration No. IS 06 -008 and no further analysis is warranted. Air Quality An Updated Air Quality Impact Analysis by Scientific Resources Associated was prepared to assess potential air quality impacts associated with the proposed project. The study used the updated the CalEEMod model to re- evaluate the project's potential for significant adverse impacts to ambient air quality, due to construction and operational emissions resulting from the proposed project. Since Greenhouse Gas (GHG) was not addressed in MND (IS -06 -008) the report also addressed the potential for impacts to GHG. Construction Activity Impacts A comparison of construction emissions to City of Chula Vista emission thresholds of significance for each pollutant was analyzed. The addition of emissions to an impacted air basin is considered under CEQA to be a significant impact. The proposed project could result in short-term air quality impacts directly related to cleanup, grading and construction activities, worker and equipment vehicle trips, and temporary emissions of dust, fumes, heavy equipment exhaust, spillover and other air pollutants associated with the grading and construction activities. However, air quality impacts resulting from construction- related operations are considered short-term in duration since construction- related activities are a relatively short-term activity. The study concluded that construction activity emissions are anticipated to be below the City standard thresholds 5 3 -131 �w Addendum to IS -06 -008 and no mitigation is required. However, to improve air quality City -wide, the City General Plan requires implementation of construction —level air quality measures. Therefore, Air Quality Mitigation Measure No. 1 contained in Section F of the Mitigation Monitoring and Reporting Program is required to reduce localized, short-term construction- related air quality impacts, therefore this mitigation measure has been determined to be applicable to the proposed project. Air quality impacts resulting from construction would, therefore, be less than significant. Project Operational Impacts The Updated Air Quality study analyzed the potential for operational air quality impacts such as project - generated auto traffic trips. Using the updated CalEEMod model, the study concluded that the proposed project would not result in any significant long -term operational impacts to air quality, such as new mobile and stationary sources associated with the project, and would remain well below the City's significance operation emissions thresholds. The air quality study does not identify any significant air quality impacts and no mitigation measures are required. Greenhouse Gas (GHG) The project's potential effect on global climate change was evaluated. The proposed project would be constructed pursuant to CalGreen, the 2010 California Green Building standards as adopted and amended by the City, the City's Energy Efficiency Ordinance, The Solar Ready Ordinance, and the updated Title 24 Energy Efficiency standards Code The project would therefore have a less than significant impact on GHG and global climate change. Biological Resources An updated Biological Resources Letter Report by REC Consultants was prepared to assess the current condition of the site and evaluate the potential for biological resource impacts associated with the proposed project. The consultant conducted a site visit in 2013, re- surveyed the habitat types, and determined that the on -site habitat types have changed during the timeframe between 2006 -2013. These changes are mostly minor and are documented in Table 1 of the report. In 2006, 0.04 acres of Southern Willow Scrub, a sensitive wetland habitat, was present in the Telegraph Creek drainage. This drainage was characterized as being a heavily exotic - infested, man-made drainage ditch. By 2013, this Southern Willow Scrub habitat no longer existed, as a result of invasion by a giant reed species. This area has been re- classified as disturbed wetlands in the report. The overall area of disturbed wetland on -site has been reduced from 0.30 acres to 0.20 acres, as a result of invasion by non - native grassland and non - native trees. No development is proposed within this area, and as required by Mitigation Measure #9, the wetland area will be set aside is part of a larger open space parcel or easement. The second change noted since 2006 is that the amount of non - native grassland habitat, which is considered a sensitive habitat in the City MSCP, has increased from 0.30 acres to 0.78 acres. This change resulted from invasion by non - native grassland and upland plant types into other 3 -132 Addendum to IS -06 -008 adjacent plant communities over time. Because this habitat is considered sensitive in the MSCP, approval of a Habitat Loss Incidental Take (HLIT) Permit is required per Mitigation Measure #5. Approval of a Habitat Loss Permit is required prior to issuance of the grading permit. The exact amount of acreage. of non - native grassland habitat to be impacted and preserved will be determined during the review of the HLIT permit. The HLIT permit requirement per Mitigation Measures #5 Mitigates impacts to sensitive plant species, therefore impacts are considered mitigated. Drainage and Water Quality REC prepared an updated drainage study for the project, to evaluate any changes in drainage patterns and runoff rates created by the proposed project. The project does not propose any development in the 100 -year flood hazard zone, or significantly alter drainage patterns on -site. The proposed storm drain system will be designed to comply with guidelines set by the City and will safely convey a 100 -year flood event to existing storm -drain facilities. The updated study indicates that the proposed changes to the site will not result in any previously unidentified or new significant hydrologic impacts. The mitigation measures contained in MND (IS -06 -008) for the approved Project would be equally applicable to the proposed project. REC also prepared a Preliminary Water Quality Technical Report (WQTR) for the project to evaluate the change to the storm water quality as a result of the proposed project. The report addressed the updated NPDES criteria established in Order R9 -2007- 0001. The Project was identified as Priority Project, and thus the WQTR recommends updated Low Impact Development, source control and treatment control BMP's. The mitigation measures contained in MND (IS -06 -008) for the approved Project would still be applicable to the proposed project. Geology and Soils An updated Geological Reconnaissance was prepared by Construction Testing and Engineering (CTE) to evaluate the geological characteristics and soils of the site. The study found that the findings of the previous report are still valid, and provided updated seismic design coefficients to address changes over time and the updated 2010 California Building Code. The mitigation measures contained in MND (IS -06 -008) for the approved Project would still be applicable to the proposed project. Phase 1 Environmental Assessment A Phase I Environmental Site Assessment was prepared by CTE, Inc. to update the previous Phase I and Phase II reports. The report found a potential environmental concern for the project, related to a leaking underground storage tank (LUST) with emissions of petroleum hydrocarbons into the soil and groundwater, from the existing Mobil Station 200 feet north of the site. The LUST case was reported to the County of San Diego Dept. of Environmental Health (DEH) Hazardous Materials Management Division in 1988. County DEH records indicated that cleanup and abatement was completed in February 7 3 -133 Addendum to IS -06 -008 2013, and that four subsequent quarters of groundwater monitoring to evaluate natural attenuation processes and show that impacts to groundwater have been abated, is necessary to enable DEH to close the case. The report noted that contaminated soil was observed on the Mobil site adjacent to its common boundary at the northeast corner of the Project site. Surface drainage flow from the Mobil Station discharges via a concrete box into the Telegraph Canyon drainage and onto the Project site. The report also noted that testing indicated that groundwater 70 feet below the surface flows in an easterly direction, away from the project site. These environmental concerns were previously addressed by Mitigation Measure 412, which requires that a. written assessment with appropriate measures be prepared by a qualified consultant. The mitigation measures contained in MND (IS -06 -008) for the approved Project would still be applicable to the proposed project. Noise An Acoustical Report by Helix Environmental Planning was prepared to evaluate the potential noise impacts of the proposed Project and update the previous acoustical report. The previously- approved project included 167 multi - family residential units and required that the individual unit's outdoor patios and balconies count toward the common usable open space requirements. Therefore, the proposed units facing Third Ave. traffic triggered City Noise Ordinance requirements that they meet exterior noise thresholds. The project has been re- designed to include 119 multi - family residential and mixed use units, which when compared to the previous project with 167 units, results in a substantial reduction of the required area of common usable open space needed to satisfy the requirement. The current project now requires 50,640 sq. ft. of common usable open space, and proposes that 100% of common open space be provided in common recreational facilities such as a pool, tot lot, recreation building, private balconies, and passive open space lot which are centrally - located and screened from Third Ave. traffic noise. Therefore, Staff has determined that implementation of Noise Mitigation Measure #16 is not feasible due to changes in the project design that have resulted in this mitigation measure no longer being necessary. Other adopted mitigation measures contained in MND (IS -06 -008) for the approved Project are still applicable to the proposed project. 3 -134 Addendum to IS -06 -008 V. CONCLUSION Pursuant to Section 15162 and 15164 of the State CEQA Guidelines, and based upon the above discussion and substantial evidence in the record supporting said discussion, I hereby find that the proposed project will result in only minor technical changes or additions which are necessary to make the applicable. Mitigated Negative Declaration or Environmental Impact Report adequate under CEQA. Miguel Z. Tapia Senior Planner Attachments: 1. Project Site Plan(s) 2. Mitigated Negative Declaration and MMRP References: City of Chula Vista Environmental Review Procedures 0 3-135 - 3-136