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HomeMy WebLinkAboutReso 1991-16073 RESOLUTION NO. 16073 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING EIR-gO-IO AND ADDENDUM THERETO, ADOPTING CEQA FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATION, ADOPTING MITIGATION MONITORING PROGRAM, FINDING ROHR'S PROPOSED GRADING PLAN IS CONSISTENT WITH THE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM, AND APPROVING ISSUANCE OF COSTAL DEVELOPMENT PERMIT NO. 51 WHEREAS, the City of Chula Vista Local Coastal Program (LCP) has been certified by the California Coastal Commission; and, WHEREAS, said LCP includes Coastal Development procedures determi ned by the Commission to be legally adequate for the issuance of Coastal Development Permits and the City of Chula Vista has assumed permit authority of the Chula Vista Coastal Zone; and, WHEREAS, a public hearing was duly noticed and conducted on February 19, 1991, in accordance with said procedures; and, WHEREAS, EIR-90-10 and addendum thereto, CEQA Findings and a Statement of Overriding Considerations, attached Exhibit A, has been prepared and considered by the City Council; and, WHEREAS, Mitigation Monitoring Program has been prepared to be incorporated into the project, attached as Exhibit C, and has been reviewed by the City Council; and, WHEREAS, the City Council of the City of Chula Vista, as "approving authority',, has reviewed the grading plan for the Rohr Office Complex. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. Grading and drainage improvements have been designed to comply with Section 19.87.07 (Grading and Drainage) of the certified Local Coastal Program. Building pads will be above elevation 6 feet and the lO0-year flood level. One-site drainage will include a drainage basin and drainage apparatus to eliminate silt and contaminants from storm water and irrigation runoff. Subject to conditions, grading activities, drainage improvements, and erosion control landscaping are planned to minimize runoff problems of siltation and chemical intrusion into wetlands which is consistent with the LCP's area wide grading policies. Resolution No. 16073 Page 2 2. The project site is privately owned and development for the purpose of this Coastal Development Permit includes grading, drainage improvements, and erosion control landscaping only. The site is located at least 1300 linear feet from the nearest shoreline point. The proposed project will not preclude or reduce public parking be affected by the proposed earthwork, therefore, development as proposed has been found to be in conformance with public access and public recreational policies of the Public Resources Code. BE IT FURTHER RESOLVED that the City Council hereby: 1. Certifies EIR-90-10 and addendum thereto, adopts CEQA Findings and a Statement of Overriding Consideration set forth as Exhibit A, and adopts a Mitigation Monitoring Program set forth as Exhibit C, incorporated herein as though fully set forth; 2. Finds that the proposed Rohr grading plan is consistent with the policies of the certified Chula Vista Local Coastal Program; and, 3. Approves Coastal Development Permit No. 51 subject to conditions set forth in Exhibit B, Conditions of Approval, incorporated herein as though fully set forth. ' Presented by ~aito form by~~ ~//~ ~ Bruce M. o gaar ' Chris Salomone ' A t B o Director Community Development City t orney Resolution No. 16073 Page 3 EXHIBIT A ROHR OFFICE COMPLEX EIR-90-10 CANDIDATE CEQA FINDINGS In accordance with Section 21081 of the California Environmental Quality Act and Section 15091 of Title 14 of the California Adm/nistration Code. Prepared for: City of Chul:; Vista 276 Fourth Avenue Chula Vista, CA 92010 Prepared by: Keller Environmental Associates, Inc. 1727 Fifth Avenue San Diego, CA 92101 February, 1991 Resolution No. 16073 _ Page 4 I. IN IF, ODUCYION Section 21081 of the California Environmental Quality Act (CEQA) requires that no project shall be approved by a public agency when significant environmental effects have been identified, unless one of the following findings is made and supported by substantial evidence in the record: (1) Changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Final Environmental Impact Report (EIR). (2) Changes or alterations are the responsibility of another public agency and not the agency making the finding. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. The following findings are made relative to the conclusions of the Final EIR for the proposed Rohr Office Complex (SCH # 90010623) and all documents, maps, and illustrations listed in Section VI of these findings. The project's discretionary actions include the following: (1) Grading Permit (2) Building Permit (3) City Coastal Development Permit (4) Coastal Commission Development Permit The Rohr Office Complex Project site is an 11.6 acre site located within the Midbayfront area in the City of Chula Vista. The project site is located sits east of the "F" & "G" Street Marsh, west of the SDG&E fight-of-way, north of Rohr Industries' existing complex and south of "F Street. The "F" & "G" Street Marsh is a component of the Sweetwater Marsh National Wildlife Refuge (NWR). The NWR is considered a sensitive estuarine environment, providing habitat for many types of plant and animal species, including several species listed as - 1 - 90-14.021 02/13/9, Resolution No. 16073 Page 5 C. The City of Chula Vista, having reviewed and considered the information contained in the Final EIR and the record, finds that no specific economic, social or other considerations make infeasible the mitigation measures identified in the EIR. D. The Planning Commission acknowledges that these recommended CEQA Findings are advisory and do not bind the City Council from adopting findings to the contrary if they are supported by substantial evidence in the record. IIL IMPACI'S FOUND INFEASIBLE TO MITIGATE TO BELOW A LEVEL OF SIGNIHCANCE A. Biology Impact Elimination of fallow agricultural fields currently used for raptor foraging and replacement - of them with approximately 9.5 acres of developed land would result from project implementation. Because of the limited extent of similar coastal habitat and the absence of currently accepted mitigative measures, the impact is considered to be an incremental contribution to a cumulatively (regionally) significant impact. Mitigation No mitigation measures are available to reduce this incremental impact to a level below significant. Any development on this site would result in the same incremental significant impact. nudi g Land use at the project site has been planned for the proposed type of use by both the existing, adopted Local Coastal Program and the General Plan, and the proposed project is in conformance with these plans. However, even though the project is .in conformance with adopted land use plans, it, and any development, would result in the incremental contribution to a cumulatively significant impact. 90-14,021 02/13/91 Resolution No. 16073 _ Page 6 Mitigation · A detailed grading and drainage plan must be prepared in accordance with the Chula Vista Municipal Code, Subdivision Manual, applicable ordinances, policies, and adopted standards. Said plan must be approved and a permit issued by the Engineering Division prior to the start of any grading work and/or installation of any drainage structures. · The "Update Geotechnical Investigation...." (Woodward-Clyde Consultants, 1990) must be reviewed and approved by the City's Engineering Department. AH recommendations contained within the study must be implemented by the applicant. This measure must be made a condition of project approval, and must be included (or referenced to) on the Grading Plan. · Engineered fills and/or any structural elements that encroach into areas overlain by bay deposits or other compressible overburden soils will require some form of subgrade modification to improve the support capacity of the existing soils for in ultimately supporting additional engineered fill and/or structural improvements. Soil improvement may include partial or total removal and recompaction, and/or the use of surcharge fills to pre-compress saturated bay deposits which exist below the groundwater table; or foundation elements must be designed to extend through these soils into competent bearing formational soils. · If encountered, roadways, embankments, and engineered fills encroaching onto existing compressible bay deposits will likely require subgrade modification to improve the support capacity of the existing soils and reduce long-term, post- construction settlement. Soil improvement would likely include partial or total removal and recompaction, and/or the use of surcharged fills, to pre-compress saturated bay deposits. · If saturated soils are encountered during grading operations, temporary construction alewatering should be implemented in general accordance with the r.ecommendations contained in the July 1990 Woodward-Clyde Consultants report. Compliance with RWQCB order 90-31 regarding discharge of temporary dewatering wastes to San Diego Bay will be required. - 5 - 9o44. o2$ o2/H/ Resolution No. 16073 Page 7 · Impacts of enhanced pet'associated predator attraction to the study area, and human presence · Impacts to the existing balance of competitors, predators and prey · An indirect impact to the light-footed Clapper Rail by reducing its potential for re- establishment in the "F" & "G" Street Marsh · Increased disturbance to, and predators of the Belding's Savannah Sparrow Mitigation · The proposed project must include a buffer of restored native scrub vegetation between the building and the adjacent NWR lands. This buffer must be isolated from human intrusion and should further be implemented with swales and mounds as designed to reduce visual impacts from activities occurring on the patio areas. · All post-construction drainage must be directed through large volume silt and grease traps prior to being shunted into the freshwater detention swale. The trap(s) placed on line(s) entering the detention basin must be triple-chambered. · The silt and grease traps must be maintained regularly with thorough cleaning to be conducted in late September or early October and as needed through lhe winter and spring months. Maintenance must be done by removal of wastes rather than flushing, as is unfortunately often the case. City inspections of these traps must be conducted, possibly through the mitigation monitoring program, to ensure that maintenance is occurring as required. · Desiltation basins large enough to handle storm water runoff must be maintained during the construction phase so that no silts are allowed to leave the construction site. Construction and planting of the drainage swale early in the project grading phase would assist in this measure. In addition, construction de-watering should be directed into a basin with a filter-fabric, gravel leach system, or stand-pipe drains, so that clear water is released from the site through the regular desihation basins. - 7 - 9044.021 02/13/91 Resolution No. 16073 Page 8 " · A full time enforcement staff of two or more officers should be funded by revenues generated by the project and other development within the Bayfront, or by other funding mechanisms, to conduct the predator management program, ensure compliance, issue citations, and conduct routine checks to ensure maintenance of other mitigation requirements (i.e., silt/grease trap maintenance, etc.). Such officers should work closely with the USFWS in enforcement issues as they relate to Federal Reserve Lands. Officers should have training in predator control and should possess the necessary skills, permits and authority to trap and remove problem predators. It is recommended that these officers be accountable to a multi-jurisdictional agency/property owner advisory board set up to oversee resource protection of the entire midbayfront area. The midbayfront area is that area within the boundaries of the Sweetwater River, Bay Boulevard, 'G" Street, and the San Diego Bay. The jurisdictions/property owners which should be included in this board are the City of Chula Vista, the San Diego Unified Port District, the Bayfront Conservancy Trust, the U.S. Fish and Wildlife Service, the California Department of Fish and Game, Rohr Industries, and the owner of the majority of the Midbayfront Uplands (Chula _. Vista Investors). · Fertilizers, pesticicles and herbicicles utilized within the landscaping areas of the project must be of the rapidly biodegradable variety and must be approved by the Environmental Protection Agency for use near wetland areas. · All landscape chemical applications must be accomplished by a person who is a state-certified applicator. · Annual funds to be paid by Rohr into an assessment district set up by the multi- jurisdictional/property owner advisory board should be designated for the purpose of trash control, repair and maintenance of drainage facilities, fencing, the predator control program and mitigation programs for the project. · Open garbage containers should be restricted and all dumpslets must be totally enclosed to avoid attracting avian and mammalian predators and scavengers to the area. Garbage should be hauled away as often as possible. - 9 - 901~021 02/13/91 Resolution No. 16073 Page 9 · I-5 southbound at 'H"' Street: Incremental contribution (4.5 percent) to a cumulatively significant impact will result from the proposed project and annual population growth. · I-5 northbound at "H" Street: Incremental contribution (0.9 percent) to a cumulatively significant impact will result from the proposed project and annual population growth. * Broadway and "E" Street: Incremental contribution (4.7 percent) to a cumulatively significant impact will resnlt from the proposed project and annual population growth. · A significant parking deficiency of 79 to 115 spaces (10 to 13 percent) under the proposed project, or 49 to 85 spaces (6 to 10 percent) under Alternative 2 would occur. Mitigation · Bay Boulevard north of "F" Street should be designed for traffic only and on-street parking should be restricted. The 8-foot wide parking areas adjacent to the east curb line must be dedicated to normal traffic flow. "F" Street (Lagoon Drive) must be re- striped to the east and west of Bay Boulevard to provid~ for two lanes of travel out from the intersection, and three lanes in toward the intersection. Th~.tllree inbound lanes would be comprised of one left-turn only lane, one through-lane, and one shared through- and right-turn lane. The westbound and northbound approaches will also require modification to provide one left-turn lane, one through, and one right- turn lane. Signalization is necessary at the intersection. An additional 6 to 12 feet of pavement on Bay Boulevard for 100 to 200 feet north of the intersection would be necessary to accomplish this measure. These measures would improve the LOS to C. The applicant is responsible for providing 53 percent of the funds for this mitigation based on the recommended Benefit Assessment District (discussed in Section 10.0 of this report). · Implementation of two improvements must be made prior to, or concurrent with, development of the Rohr project, which is necessary due to the near-term extremely Resolution No. 16073 - Page 10 Finding Significant impacts can be mitigated to a level below significance by implementation of the measures listed above and as set forth in the Final EIR. D. Air Quality Impaa · Incremental contributions to a cumulatively significant impact will result from build- out project traffic adding approximately 0.5 ton of CO, 0.04 ton of NOx and 0.03 ton of ROG daily to the airshed. The NOx and ROG counts (the main ozone formation precursor pollutants) are less than those noted for the APCD's insignificance threshold. · Incremental contributions to potentially significant regional impacts resulting from the clearing of existing site uses, excavation of utility access, preparation ' foundations and footings, and building assembly creating temporary emissions ofdus., fumes, equipment exhaust and other air contaminants during project construction will occur. Construction dust is an important contributor to regional violations of inhalable dust (PM-10) standards. Typical dust lofting rates from construction activities are assumed to average 1.2 tons of dust per month per acre disturbed. If the entire 11.6 acre project site is under simultaneous development, x'.~.al daily dust emissions would be approximately 1,200 pounds/day. Mit~a~on Transportation Control Measures (TCMs) such as ridesharing, vanpool incentives, alternate transportation methods and transit utilization must be incorporated into the project. · Dust control through regular watering and other fugitive dust abatement measures required by the APCD can reduce dust emissions by 50-70 percent. - 13 - ~14.o2102/,/9. ResolUtion No. 16073 Page ll STATEMENT OF OVERRIDING CONSIDERATION The decisionmaker, mumat to the State CEQA GuideLines, after balancing the benefits of the roposecYProject against the unavoidable environmental effects identified in the E]~ and the Findings which remain notwithstanding the mitigation measures and alternatives incorporated into the Project, determines that such remaining environmental effects are acceptable due to the following: A. The need to expand an Industrial Business Park use in the Midbayfront area in conformmace with the certified Chuia Vista Local Coastal Program. B.. The need to stimulate the regional economy by providing constraction-related employment and employment related to the Project's industrial, office and commercial uses, all as more particularly set forth in the record. C. The need to advance Chula Vista's environmental goals by decreasing current acts of vmadalism, ~egal alum ing and habitat de adation on the Project site. Illegal off-road vehicle use will probably also de~'~e. D. The need to increase the economic base of the City of Chula Vista. riding Page - 15 Resolution No. 16073 Page 12 ' EXHIBIT B Coastal Development Permit No. Robr Grading Plan c~'~z~zo~ OFkq,~ow.L lpplicmnt shall tnooz~orate into t.~e proJec~ all racommendatio~s provided b~ the project soils lnecr and contained in the pz~Jsat gsote~mioal invsstigae~on, soils ropor~ and hazardous substance site assessment and related documents. 2. Al0pliaant shall incorporate all mitigation measures set forth in EIR-S0~IO relative to pro ad grading, dralnsgs~ and erosion control landscaping aoJv~csl~tss. 3. ~ppliount shall comply vi~h all requirements set forth by the City Baginset in ~he approved grading plan including erosion control lendscapin~ end use of reclaimed water for dust control during grading. 4. Applicant shall ~cmply with all recluir~ents set forth the csl~cifted Chula Vista Local Coastal procjram. _ S. All gradin~ work conduPed vlUxln and adjacent to the boundaries of the Svee~wa~er Harsh National Wildllfe Refuge shall be conducted in compliance with the letter permission issued on December 6, lSS0 by the U.S. Fish and Wildli~e Service. 6. If the blolocJical moultor (required mitigation measure) Identifies that remedial work is necessary, the contractor will perform or cause to ha performed remedial surk vithln 24 hours of notification or the City c£ Chula Vista shall be allowed b~ the applicant to cause the w~rk to be conducted at appltcantss eXpense. 7. The applicant shall enter Into an agre~sent with the CIty of chula Vista tc ensure regular maintenance Of the drainage system clenn-cut prior to the issuance of a grading permit. 8. Applicant shall incorporate the ml~igation monitoring program ln~o the project end shall comply with requirements aa~ for~l~ in said mitigation monitoring program. I, Ian Gill c~ Starboard Development, authorized representative for Rohr Industries, Inc., have read and underhand these Conditions of approval as required by the city Council Of the City of C~ula Vista as they pertain to the !~rading plan for the Rohr office Complex end agree that these conditions incorporated into Coastal Development ~rmtt Ian v'~i~pment _ _ Resolution No. 16073 e2/ls.,,l ~6.2e · ~19 233 e,~2 Keller c.~ro.... ~P.~ge 13 EXHIBIT C ])RAI~T The ~ & "O" b'~'e, et is a ~omponent ef ~e ~M~ Munh Na~onal Wildllfe ~ ~WR). ~ ~ b mmider~ a ~i6ve s~dne o~lronmont, p~dlng habw~ for ~ ~ p}~ ~ n~ ~ , ~dlng nd ~gh~ d~r~ a~ ltdp~m ~) nd ~ ~nl Io Ihc ~ ~ pmJc~ i ~udes ~e ~-of~d m~ ~ a 4~t high o~ buildin8 and ~t~ parki~ g ~ ~n~ ~ ~cna m ? & ~ ~ B~ ~l~rd. ~-~tc ln~ dl bc p~d~ nd a ~ nd ~mion ~n will ~ ~l~ on p~lly ~ the M~ f~ ~c ~J~ ~ p~ it ~ n~a~ ~o~. A 6-r~t hf~ ~afn line fe~ ~ ill ~ 1~ mr the ~ ~ ~e ~em fa~n8 ~o~ of ~ ~rm ~ p~nt ~m~ to ~c a~t g~iti~ wgdlifc refuge ~velopment ~ a ~5.~ ~ ~ulte f~t ~ ~m~ ~ t~ sn~fa~ ~g ~rndur~ ~ ~dc papal mi~p~n ~ parking t~ addresin Alumlye '. ~ 1~ ~pd~ ~cmu. MON~G ~ ~ ~y of ~u~ ~ ~ moni~ m~ip6~ m~s ~ in ~Red ~s for ~o~~F o~addr~d~tJon m~rH Jdent~for s{gnifi~nt J~ · ~ol~ Page 14 · (3rcuintl n/Parking · Air Ooa3 ~y The City of C:hula Vb a Phmdng Depm'tmom war in~k~.at the mitiaatjon monitoring plan. In this xolc the ]ty will idemlJ~ a City staff pcnon or Mr¢ a consultant who will function as the pro~c s MJtjaadon Compliance Conrdjnator (MC~"). This person will establish the foam of technical mortfurs, conduct on4Jtc monitoring and oversee the monitoring actMales c other monitors, arc that the plan is bcln8 Implemented on schedule, and compile ~ ~ad prepare periodic mon;toflng reperLt Tilcsc r~ will bc filed with the City o~ Cisula ~ista and any other regulatory a~ency with the authority to enforce ot othcrwisc rcluintc t ~c construction and/or olxa'atlon of thc project. The MCC will also foe ctinn as a repzcscntalive of the City in enforcement of mitff. atfon mcasurcs and monltori 18 activities in the field. This means that the MCC will communicate d~rectly with the coast uctinn foreman or construction manager when non-compliance is noted. 'Ills may, o~ oce~m~, re41ubc that comstructiom is delayed wh~e a particular siloalton is remedied. The MCC w'dl also be able to recommend additional mitigation measures to reduce in ,acts based on field obr. ctvations or to modi~, mldgat|on Ensures or monitoring pronetit es in response to actual field conditions. These changes must be appreved by the (:ix Plannin~ Departmeal .,,a abe projc~ sppilcane prior to Ihelr im~.lcmcntado~ C~an es shall bc noted in activity legs and monthly monitoring reports and this monitoring plan all be rnodiilnd to reflect thue classes. A final mi,~atfon mc ~ring xelx)rt will be prepared fellowing o0~xtrucUon of The project. T'ne rqx)rt will ck~ra'l e the namaltorJl~, activities wldch have occurred. the obieMt;ons made. the se__,:~'e_.*~ of t] !e halt;Sat;on measures and teeommandations for rutore m;t;tptlon monlu=ln2 pinns. T'a ~,,.I reimrl will bc prepaxed by Xhc MCC and filcd with thc City Phnn~g Department. :. The folinwinS text inci. Jesa summary of Slardrgant impacts, modatad mltiaatlon measures. and the monitoring nffcrts nee.a~! to ensure that the metsires are adequateJy lmp]emeate<l. In many cases, the !an ,a~c of the mitigation mcemar¢l incorporates monltorln& In other car, e~, The xpedflc Eli ation requircmcnta of the retaxlato~ a2eac~es with jurlsdict~on ever - 3 - ~adae. me.V~Mn Resolution No. 16073 oz,-t..,.~ ..~, s 6,, ~3~ e,:5~ K...,- ~.,,..o.. Pa't]~e 15 DRAFT t~e pro~ea have not ye~ been ~ ~. ~ pBn ~y ~ ~ ~ ~ e~ ~e 0W A~/~W~i~!~ !n~em~ ~buGom ~ mmula~ si~f~t ~i~ ~pa~ ~ bo · ~l~m Jm~ ~ r~l~ ~ ~nm~t~ m~ ~om wvh!-~ ~ a pav~ ~ m~ ~oase ~ ad other automobfle-relm~ solar dop~t~ ~!d ~r ~ ~o ~' · ~ S~t M ~h Jf ~ ~ ~ ~ fi~ ~ the ~t~g pattern. · ~gnj~ant J~ ~ may ~ if m~a~ ~ff ~j~ tilt a~ ~ment In~ ~c Ma~h ~Hn8 [ ridinS. ~is is pa~i~larly F~lmatic it ~ln; ~ durin~ · Significant irv cu Io the wetlands arcs on site amid rcsult if adjacent grading lutroduo~s soils o th_l~ sensitive area, · Potentially ~,m~. scunt impacts may rerdlt due to approximately ! 12 acres being graded to prorifle fiat pads for parking and the bending. A toed of 40,000 cubic yard~ of cut and .fill will be ~.n6ated. 'r'ne nmxJnmm depth of cut and fill will be 11 and 7 feet, ~tvely, with Ibe average chanic In grade of appr,.wlmm~e]y 2 feet. I i Resolution No. 16073 Page 16 DRAFt 3. ..0. detailed grad~ I$ and drainago plan must be prepared in aceordanec with the c4,ula Vista MunJetpal ~ Subdivision Manual, applicoblu ordinane~ polkie~, nnd adol~d stand~ P..nginccxing Div ,;on prbr to the ~tart of any gratHn$ work and/~ installation of any drainage mln~cu Mcm/tor~. i MCC must uam'e that the detailed grading and drainage plans Include recc, j~.~ !ndatlons and detailed de~ll,,n incorporat/ng aH seasurn contained in the Final Eli for ih{t proJe~, and those conlained in the sUpdate 0eolechnical Invu~ga~on' (t 'oodward-Oyde. 1990). If the MOC determines that tlP~e measures have not bean nduded, the applicant must have the plans ttvised to include incorporation o~, thm musuru. Then, the MCC must cheek that the plans have b~n approved l ~y the Engln~arina Dlvlaton, that grading and drainage pennlts have ben l~ue.d, an!t must fie copies of the plans, approvals, and permits with operations . Plan ate Jmp~emente~10 Jncludfng Installation of all drainage facH ftle~ The ldCC may request the attendance of a 0/ty Eng|n~ng staff person dur/ug portions of the grading de. sired. The roquirc4nc. n~ of~hc grading and drainage plans. and Incorporate this che. i, list Into the monitoring !rid toporating progran~ 2. The "Updale Ge.~techrdcal Immsrjgatlon" report referenced above must and approved ~y the {Ity's ]~nouing Doparlr~nt. All )utlons to) on th~ Cjrad n~ Phn, : Mmdtort~: '1~ MCC nmst check that ~ r~ort has been approved, mmt veti~ that the Gredi~ Plan Jndudus all re~om~datinns of tl~ r~pofi, and must, on an i Resolution No. 16073 DRAFT MCCs pruene durfn~ grading and fmtsllafion of all draina~ leo'Utica must occur. The frequency s ~d ~ of monhoHng eaSyfly Is to be defined In the revised Dra.q 3. l)ngincacd:6gs)emd/urmm.ystructuralc/c. mcntstbatcacroachintoarcasoverlainby bay deposits ori other eomprcs.,dble overburden moils will require sonse form subgrade modification to improve the suplxul ,'*psehy of the exJsUng soils for use in u,;mntely m~portlng addllionsl engineered 611 and/or strdaural improvements. Soil improveme~.t may [nrJude partial or total remove] and reconq~ctlon, and/or lima use of ~ fills to pre-eompress saturated bay deposits which ~ below groundwater table; or foundation elcn~nts must be d~tgned to extend through these mils lntn comiClent bearing formadonnl soils. Monitort~: 't~ls measure must be Jncerporated, as apl~oprlate, into the grldittg plan, as daseHl~d by Mjtig~tion Monitoring Meg'are No. I a~e. 4, If cnoounl,=~l,:roadwa)'s, ~mbankrocnt.~ end en~nccrcd ffils eneroacl~i~g onto existing compru~ssJble bay deposits will lilly requbc subgrade n~dificution to improve the sa >port eapact~ of ~c er,~sdnj sogm and reduce io~g-torm, post- construction 0et Liemeet Sot1 imWovem~nt would Ilkel), leerude partial or total r~moval and ~ mmp~ction. m~d/or the use of lu~clm~ged fills, to pre-a~mpress saturated bay dl Monitoring: Tl~is mea~r~ mum be |nco~porittcd, as Itpproprjatc, ioto the iradinS plan, &~ descnl~ by Midgmlon Monttot~ Measure No. I abevc. 5. If saturated soil~ are c. rtcounte, rcd durlrg grading operations, (,,m~,oran/construction dcvmtcrinl sho~d be |topicscaled |n general n___n2~r_dance with the rccommcndations eonudned In mh~ July 1990 Woodwsrd.4:~ Consultants report. Compllanae with RWQ(~ Order~ 90-31 regerdln~ discbible of temporany dewsterlnil wastes to San Diego Bay will ~e required. t i .. i Resolution No. 16073 02,.-,, =6.29 u 6a9 z3s ml)2 Kelxer Envm.o.. P.e9 _ Page 18 : M~*~-~' ~s ~ must ~ fn~ ~ a~ ~m ~e ~ad~ng ~ u ~ b~ ~ ~ M~re No. 1 a~. b ~on ~,lg.~ ~l~ ~ ~n~e) of ~ ~ ~ ~b V~ ~ont ~ ~an ~ ~ ~cn~ ~d ~ must ~ ~ in~ud~ (or ~ ~ s m~re m~t ~ in~rat~ into t~ g~dfng pl~, ~ Mf~t~ ~ ~t~ M~ No. I a~. rout ~ pla~ ~ ~ ~ p~ ~ ~ ~d p~r ~ ~fi~on of ~adi~ ~ ~ ~ J ~e ~ln~e ~ ~m ts b pZe~ and ~1~. ~m~ · ~s ~ m~t ~ ~o~t~. ~ k~q,,~at~ into ~ Fading ; ~ ~ ~;~ ~m must ~ ~e~_~ ~/~ ~ ~ llutk t Resolution No. 16073 DRAFT ]~OLOCIY loss d fmshwa~ er fnpul Io the 0.14 acre xtparian grove located {n pan on adja~nt N~VR lands · Contamination ~ ~f the Marsh by pari6ng area and street ru~nff · Modification of ncrcasc in thc rate of sedhncnlation within nlltn4al portions of the drldna~ system · Impacts of enhs iced pet4ssociated predator attraction to the study area, and human · Impacts to the ~ dsting bahnc~ of cmnp~t~3, prcdators and prcy · An indircct impi ct to the LiSht-foot~d Clapper Raft by reducing iU potontial for re- establishment 1:3 the 'F" & '13" S~,et Manh · Increased dlstul mnce to, and prcdaton of th= BeJdin~'s Savnn--qh Sparrow I, The proposed lSro. h~c( melt Include a heifer of rcslored native Mruh vegetation m designed to t~educc ~isual bnpacu from a~vfdes o~rrlng on O~e patio areas. Monfm~ ~nplen~=aon of ~e Lm~m~pe Phn fez ~ isx,rporatu t~ native saub vegemUun nst be oveneen by Use bioloSically trained monitor. &----..~t o[' Illis voJoUtgon protram will require an on~olnf, offorl by the monitor to docJmm the implementation of the buffering desi~, tbc plantlnf. and t t I i Resolution No. 16073 i I DRAFF Ihe 10rig=term mAtablisb-.cnt of this vce~-~a~]on. The monitor. if dl~ercnt from the MCC., must c0o, dinate the mon]torin~ and rcportin8 program wl~ All poet-constrm tion drain,,_.,: must bc dirm:tcd dm)u~ largo volun~ stit and 8re4,~c traps p~or to bc ng shamted ~nto the fTedrwai~r detent~o~ swale. The trap(s) placed oxs line(s) e. nteri ag the detention bas|n must be triple-chambered. Momitorin6: T~ ~ MCC must verify that the slit and ~rease traq~ have been built Jn theft correct Ioc ttions, The appropriate Iocat/ons of the s~t and be ~own on the gr~dl..* performed thrMgh the winter and sprf~ months, but at least once in March. Maintenance m~.st be don~ by removal of waste~ rather than will occur tszoul~h the lifo of tl~ project Once the enforcemere officers are hired (de~cribe~l by lv~re Nt~ 10), they will assurn~ reaponsihtlity for this muintenance sehedule. rite. ConstructiOn and planting of tbe drainage swale e~rly in the project grading phase wo~ld m ~t in thfs srmsur~ In addition, a~mstruction d~watering should dtrcaed into a b sin with u triter-fabric, payel leach s~Mcm, or sUmd-pip~ drains so ~at cl~ar water s re.l~ascd from IJac slt~ through Ibo regular de~tatfon basfns. Monitoring: Th! measure must be Jl~cotporated into t]~ graMIn,. and drainage plans, as described by 2 litigation Monftoring Measure No. 1 trader the ~_-~_'on Drainage/ de-waterlx~ ba~f i must be cJcarly Indicated on the plans. The ldOC mug arc that DRAFT the dmina~,e swaje is constr~cted stud pinerid (per the Landscape Plan) earl~ In th~ liradinS procoss~ and that the const~ctlon de-watering basin be constructed simultaneously ~with o~o of suggested s)smms noted above) in the event of ~ncountodng 'w*aje, r early in ~ grading pro~ass. *1"'no MCC must ensure the quality of bo~ of ~ase Jbasln~ during the onec Fading and construction proeel. 5. Landr, enpe planf n~t-erlals to be m~liz~ in the project area must be from the lists provided by the b~lope~. -~:>uld q~edes m!~ltt~Jons be desired. thes~ mus! be nbmltted so Ih4 Cit~ landscape ar~tt~ br review. Plant me~'lals which are q~Je.s, or ~ which n known to be mtractlvo as d~nnJng, nmgng or roos~ stte~ for predato~'s such as IF~I~ or C.~,~n, must be restricted from Monlm~-,~=- TI~+ biologically tr~tnod monitor n,n~ ovonee th~ proje~ landse~pin~ lu v~dr), Liter th~ spedes planted are consistent with tho Lendscrepe P/an. If $pe~ios substltodorm ere~de4drode the monitor musll td8o roylow nny ehnngo~ to tho Lundsaxpo Pla.n Io elasor~ t~at appro~iatc I~cs e~ bcin8 used. 6. A bloloBIcall~-t~ainod monitor mum be prosera for ell phss~ or FedInS and spedfie r.pondble person In tho llnSincorlnE~ pl..,m~ne.. or Co~ Lmunlty Devdopmcnt Deparlmcnt If cone,ration ec4Jvltlca fell zza~t the eondit oua outlined or should unforeseea prchloma sties width rcqulrc Jllllr/Odjillo IgslJrJ ~ or rd~pplllS I~ the co/Istruetlon ealvhl~r,, This moodtot musl soot/moo mordto 'ln~ ml · a'eduoed beds dur/n~ toefAtal oulsldo bulld~ MuzdloriuJ: T4c blolo&lcldl~* Irmhr. d monitor must Ja'opero the mon|lorJjlS mad ~opor~.t pro~.. for ell mst.~ o~ &e p~ct rdethas to bloloSlcol ro~our~c~ The mooliar must e~rdiamle with the MCC rmJardinJ the F'sdhal end eomtrucllon uda~lul% amd n~u~t su~.,;~ bls/hc.r .rc, t~'la to the MC~ ~u u wctily 'buad.. n]~st~ tho~nonltor will contlnuo monilorinJ end roportin~ ah~r ~mstrd~Jon iS 1 Resolution No. 16073 I DRAiqT 7. R¢-cstablsshme~t of 0.14 acc~ ofxtl~arian vegctat{o~ within ~hc on-shc dralnagc swaic m,,St be I,~:lsb~ to mitigate the by~mu~OgJC bolation and dirccl JrnpeLc~ of thc Dfoject upo~ th~ 0,14 sue of b ripafuu3 ~'ove suaddlh~g ~e NWR border, ]Ut-mmgcment ofithe r~arian Stove to retain wildlife rerd)urce~ must be coordinated wkh the Nation~ Wfidlffc Rcfllgc Manager rc~nndlng maintenance. Vegetation types must be Included in the Landscapc Plan with sandbar vnllow the p~rincipal species usad in this Imb]mt urea. ]Vit)m|torln~; 'H~ blolo~cally bitned monitor must over~e the development and planting of the Ipar~m vr. gctation. The monitor must coordinate with the National Wildlife Refuge:Manager (m this In.~k. The moni(or must cxnurc that the R~4:ics, as mpcd~cd in the ,Landscape Plan, arc In fact planted. The menher and/of Nafioiml Wildlife Refuges;manager will prepare and finplemcnt a long-latin maintenance and monilorin~ program. The maintanNic program will ineJude replacement of p|ants that do net manure. g. Human a__~gt._.J t~ marshlands and buffer areas must be restricted ~ro~gh vcgcte~on bentcrs and xafi~ around thc paUdm~ca~. Additional hunran/pet cncr~chmcnt must be restrlctnd through fendrig and rmlive vega,alton on mounds along the western property bound~ny. ~ biol ~ll Monitoring: T~ o~ y ~ahaed menits- must ver~ the development of the ve6m~on burri~r~ (per thu l.andscm: Phn). rails ~,~ fencin ~d ~ ,hat no recess f~:, tl~dtc is avafiablc halo thtac arms once dc~opmcni is completed. The ~'cqueney a~d timing of mon~rlng activity is to be defined in the revised Drab /~lUpUo. Monitor/.s Pro~nmm. 9. ThcpmJ~eamd3o~ldbeatmxfidtpantinaprcdatot,,,,m-g~mentptogramforthcCbuin Vista Da~rom r~g~on In contxol domerdc l~redators as well as wild animal predators. This proFaro ~ould ublize Ibe Connon (1987) predator management ltan as a baslx, but rJmuid be udlox~l to fit the needs of the ~-,p.~NJ dewJopment. This plan should include ihe use of fine~ us an enforcement tool Io conire! human and pet - Resolution No. 16073 I saiviUcs. 'Fnc ~lsn should b~ comprchcnsfvc mud should include. ~rm~,,~,cmcni of' praJstors wi~hi~ thc adjacent NWR-as well as the propc~cd dcvclo.~mcnt MonJ~'Jq: ~c prcdator man~emem pro2rsm has yet to bc dovclop~. and ~urre~t}y beini psnned by bayfron~ propcxiy owncrs and reSulston/s$cncfes. The MCC nmsl pardpate in the development of this propam, and mus~ |n~orrn ~c Chy Re. dcvclopment~ A~ency when such a pro2ram is in place, and what Rohr°s pardc~pa~on wf~ be. The MCC muxl aftend prof~un mccmln2s, once %hc pro2mrn Is esiabtirdied, to i~efify Kohr's parUcjD at~on in thc progrown. Once ihc full time ex~forccmcnX siXtY |$ hired (deacrlbcd below), they wtl] ass,,mc responsa'b~fiy for repordns on R~hr's participation in this program. A full time enf~reeme, nt sUtff of two or mote ofrieers sbotwld be fuoded by revenues compllancc, ims~c cltal/,,-.;. and conduct xoux~nc ct~.cks ,o cnsurc ma~nXcnancc o~ oihcr ridfiXation.' requlr--~ntm (i~ aria/grease trap malm-~.~ce, eic). Such oillccrs the ,,-;~,,-,) .m~s~ pexmlts ,.,~ autlmrhy mo trap and xcnmvc probicm prodroots. It is recom~ed that these Officers be aceo~mutble to a mu)ti-~lutlsdietional ageney/properl~ OWleT adYL~ofy b(HU'd H! 11;} f~ overgee felot)l~ prot~l~0n of th~ ~2~c mjdbn~r6nt nren. Tb~ ~,b~n)/iFom arca is that erca within ~c. bout~lmics cd' Xhc Sweetwater River, Bay Boulevard. '0' Street. and me San ~ Bay. The Jur~sdicilons/pr, ,perry owners which should he included in this board arc the City or t'~h,,~,m Vista. th, ~ San Di~o Un~lsJ Port Dfstrlc~ tha Bay(font Cmservancy Trust, thc U.S. llsh atd WfidiJfc Sexyice,, the Califorxata )at of tr~h and Oamc, Rohr Industries em(I the owner of the majority of the Midbayfront Uplands Monim.,v{n~: O~i'mfl,m of the multi-jurisdic~onsl board mntmi oemr prior (o th~ hht28 of the 4~oFcet~e;)i biajT. L~t{I ntch a time as Ihe board is esiablished, the MCC, with llsc)sssisumcc of ~ biologically minined monl:or, must monitor and Resolution No. 16073 Page 24 ' tqX~ on Ibe I~n~em~nt~ion uf Robr'm mJ~ ~ur~ ~ ~ ~ard b for m~ ~ ~ ~t ~ ~ ~ ~ ~Jd~tlon in the ~mr ~e~t IL Fc~lJ~ ~t~ ~ h~i~d~ ~ ~jn the bn~plnJ m d thc ~J~ mu~ ~ of ~e ~l~ ~a~ ml~y ~ mug ~ ~lfi~ ~ la~ ~l a~f~dom ~ ~ ~d ~ a ~n ~ b s ~e~ tppli~tor, M~F ~ blulu~;~ ~,,~ mOnJmr nl~t ~r~n~c with ~C ~ f~i ~ ~ pid ~ Ro~ in~ . mment dls~¢l ~ up ~ ~. ~ ~ monlm~ for No. ~0 I~ ~ent d~ h~o~ ~ ~c M~ ~ ~ ~ a ~ ~k ~ ~ni pdJni and :- . . I N0:.~1~5073 Page 25 DRAFT BuDdln°o~:~ 34. _ uon-rdlecdve ilau ~d ~1~ ~l~ . No ~ ~ ~ ~ ~ ~o~ todd ~ ~ mt ~n ~de IJp~mu~ ~ dir~ a~ ~m / arns ~ ~b8 h~s of the ~ ride of~ ~ bu~din~ U~B ~uM ~ II~i~ m ~ minimum ~ ~ ~i~ogi~Hy ~ roodtot must a~ ~e ~lgn Revj~ p~ ~ R~ m~ nm ~ ~e d~ ~ut a ~1~ ~ate~t from blolo~lly ~D~ ~ltor ~t ~r ~fl~ ~al and design ~vc been ~. Ant~r~ nta~ must ~ ~ in the ~ns~on plans. t I · ~ SU~t ~ ~a~ ~S~ ~t ~ 1-5 ~ ~ratc st ~S D or ~on d ] ~ay ~ ~ 'F ~t ~d d~ ~m ~ B to D ~h · l-5n~unde t~~~(4.6~r~nt)ma~b~c]y ~l~nt f~a ~1 ~lt ~m ~ pm~ F~e~ and an~aJ J I Resolution No. 16073 I · !-~ ~ndI, at ~ ~ l~t~ ~ (0.9 ~nO m a ~a~y ~i~t ~ ~I ~t f~ the ~ ~ ~ ~nu~ ~lafi~ ~ · B~y ~ ~* ~et: lMe~n~l ~n (4.7 ~t) to a m~ht~cly ~h. - I 1. ty ~le~ h~tb of ? S~ s~uld ~ ~ for t~c on~ a~ ~r~T fine ~ ~ ~t~ m no~l ff~c~. ? Sff~t ~a~ ~) must ~ re- ~i~ mte ~t ~ ~ of ~ ~ m ~id¢ for ~ I~ of ~avcl ~t ~ ~ld ~. ~ ~ ~ le~-t~ o~y ~. ~ ~1~ ~d one ~ ~c ~ ~,~n m ~de one 1~ ~, ode ~, ~ ~ ~t- ~ ~c. ~ tl~d~ h ~ at t~ t~lon. An ~didonnl 6 ~ 12 f~ ~t ~ ~~ f~ l~m~f~t~ ~ ~~d ~ ~ ~ m~lis~ ~s mmurc. ~.e ~ ~d ~p~ the ~S ~ ~ ~c ~ ~ b ~e ~ ~d~8 53 ~m of ~ f~ for ~b ~ 10.0 ~ ~ h~ ~). Resolution No. 16073 , ~e ~t ~ ~ tn rapt · ~ t~ on d~e~ More Ibe ~it ~ m Ro~ ~ ~ ~ty, Ro~ m~ pay ~ ~rop~ate shoe of 2. I ~min f ~ t o o ~ impr~enu must ~ ~de ~or m, or ~ of &he R~ proj~ whi~ ~ ~ due m ~e ~r-term ~aU~ ~ on ~e ~l ~N~ D~vlct. ~n~l~ ~e ~ for ~tJon MOa~I~'ImI~ M~SUr~ ~u. ] impmv~ ~.G , ~oftlon~ is~umtt Or funds for d~ l~Ndon ~ ~ the )efii N..m~: Sago ~ for Mh)Uon Moni~m'~ M~u~ No. 1 ~ ~U~l~ j~ ~)d ~pF~ ~t~ ~tlon 1o ~S ~ ~mc · 5. An ~z~luslv~ ri[ tat turn lmsu frum isssl~muad ~ &~csa¢ lo southbound Broadway should be pr~vtd ~d. 'l~n/s additional lane would facetate mf~hc~' ~ flow from Resolution No. 16073 m2-,,,,, z6.=6 z 6.2~3 e.2 K.2mer ~.v,ro.. v.~ _ Page 28 , 1 1-5 and !mp~c'~ ~ ~S to ~ ~ ~Hst is r~m~le for p~ld{ng I ~o~loall ~t ~ ~ ~r this initiation ~ on ~ Bcnc~t t ~ ~ ~ for ~don Mo~s Minute No. 1 m. 6. ~c ~li~nt ~t ~t ~e ~s st~rd ~ eh~ pr~idf~ addftlonal ~t ~e p~H~ or ~ ~u~ ~c s~ ~ the ~n8; or ~ the ~bcr ~ emp~ecs ~t ~th ~c Gtfs mpl~-ba~d parking ~is ~t ~ld '~ ~m~ ~ the pm~ ~ (730 ~a~s. or 7~ spa~s ~der ~nad~c 2) b f~ m ~ ad~ua~ or ~ addldonnl parking ~uld p~ld~ ~ o~cr to dctemtnc · ~c par~g b a~a~ ~c parkl~g dcma~d ~ld be mont~ ~ s one ~r ~ fol~ng ~ ~m to full oc~tjon of ~e bu~ding. ~ ~F Ro~ m~t submit to ~e M~ ~ p~ f~ prison of ~e appropriate ~mb~ ~ ~a~ o~i~. Untg ~c ~r~ mo~t of ~ b pm~d~, mt ~t the ~u~er of ~-I~s to ~ mtcnt ~ ~ mpl~-bascd ~klng standard. ~ M~ m.~t ~ ~c par~ lot ~z on a ~kly ~sis on a~r~r~ ae~ ~y b~ ~en. AIR OU~ · ]nctcmr..rmta! cm tnlmti~ to It ammulaflvely mtgnlflcanl impact will remull from build- out project waft c adding appnx/mately IX5 ton of (iX). 0.04 ton of NO. and 0.03 ton Resolution No. 16073 e2,x,-sz xe,sr z 6~, 233 e,z K,u,r E,~,ro,. Pa~ee 29 DRAFT · ]ncrcn-.entttl cosl ributfons to potentially significant regional impacts rmulting from the o/eating d uistinJ site user~ .narration Of utility aceass, prepardfjon of foundat|onsand >o,h~,z.,andbu{Idingauunblymtlngtempora~,emissionsofdust, fume~ equipram t ubaust and other air conto,,~,--,,s during project construction v~ll _~-,~,__,r. _f'~.~-:mc ion dust is an important eontdbutor to regional ~]atlons of inCalabia dam PM-10) standards. 7~/p~cal dust lofting raxc~ from constru~on activities are ass xme~ to average L2 t/ms Of dust per month per acre disturbed. If 3. 'Framponndon. ;ontrol Mcastrres (TCMs) such ~ rlde. shrJnR, vanpool |ncenllve~, altermite trnnsjx~.rlatlon methods and transit utiljzltion must be |ncof]:~rated into the Moxdtorio~: Ro?~r must submit the Traesporlstion Control Measures to the MCC prior Io ismunee of the permit 1o occupy. TIle MCC wIH review the traffic control measures with tl~ CIty I.~n~ineerin~ Division, and they will joJndy dumhxe whetheF ' the measures ar~ adequate. If the measures are not adequate, the permit may be dehy~d. At u n~:'n~um, t,%c measures of ridesharing, vanpool Incentives, alternate Dust control thr~,ul~b regular watering and o{her fugitive dug abatement measures required by the ~,PCD ean reduce dust o-,t,~{ons by 50-70 p~rcont. measures, ff defamed appropriate by an sir quality e, xpe. rt. 'i1~c MCC must receNe s~.~lpts hm ~e watering vehicle operators showing proof that the water is reclaimed. The ~dCC may a~ any watering ~.el~de operator for thi~ proof. Ifproof is not shown, th~ vcb/clc may out spray water. The MCC may stop work If i Resolution No. 16073 P~e 30 ~2/~,'~1 16m3~ ~ 6&~ 2~ e~2 KelXer Environ. P.21 _ do not provide l~roof, If other meamrc~ of dust o0mtro! ~'e pruposc(] by Rohr, the MCC most revi~ w the~ measm'cs with an air quality e, xpcrl for a determination or Resolu~:~on No. 16073 e:~,zf-,2 ~te.3e · st, 233 e~,~z Keller ..~,~o.. PFa,.g~e 31 gA]~dPLII AClrlVls~f LOG Rohr Off'me Complex ~ ~ ~ty ~ ~ ~us ., O~ ~ ~ ~ ~ Resolution No. 16073 I (, ! , Resolution No. 16073 ~;|;'. $ S ~ ; $ ! i Resolution No. 16073 . It 'i, il.!..,~.,, i I i I I i I i I Resolution No. 16073 Resolution No. 16073 Page 38 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of February, lggl by the following vote: AYES: Councilmembers: Malcolm, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Leonard M. Moore Mayor, Pro-Tempore ATTEST: Beverly ~. Authetet, Cit~ C') erk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16073 was duly passed, approved, and adopted by the City Council held on the lgth day of February, lggl. Executed this 19th day of February, lggl.