HomeMy WebLinkAboutitem 2 - Attch 7 - Addendum to FEIR 06 01ADDENDUM TO
FINAL ENVIRONMENTAL IMPACT REPORT
FEIR 06 -01 (Urban Core Specific Plan)
PROJECT NAME:
PROJECT LOCATION:
Vista del Mar Project
795 Third Avenue, Chula Vista, CA
PROJECT APPLICANT: Niki Properties, LLC (Dr. Hamid Mani)
CASE NO: EIR- 06- O1 /DRI5- 0015 /PCS15 -0006
DATE: June 7, 2016
I. BACKGROUND
The purpose of this- Addendum is to discuss a proposed 3 to 5- story, mixed
residential /commercial use building with 71 multi- family units, and one 616 square -foot
commercial suite (Project). The Project site is located at the intersection of Third Avenue and K
Street, within the C -1 Corridor District of the Urban Core Specific Plan Area (UCSP). The
Project requests approval of Design Review and Tentative Condominium Subdivision Map
applications.
As the lead agency for the Project under the California Envirorunental Quality Act (CEQA)
(Pub. Resources Code, Sec. 21000 et seq.), the City of Chula Vista (City) prepared and
conducted an environmental analysis (Final Environmental Impact Report FEIR- 06 -01) for the
UCSP. FEIR -06 -01 contains a comprehensive disclosure and analysis of potential environmental
effects associated with the implementation of the UCSP. The final EIR was certified and the
Urban Core Specific Plan was approved by the former Chula Vista Redevelopment Corporation
and City Council in May of 2007.
The approved UCSP calls for the development and revitalization of the Urban Core within the
City of Chula Vista. The Urban Core encompasses approximately 1,700 acres of the traditional
downtown area east of I -5, west of Del Mar Avenue, north of L Street and south of C Street.
Within this larger area is a smaller 690 gross -acre area, which was determined to be in need of
redevelopment due to conditions of blight and underutilization. This smaller area comprises the
"Subdistricts" area of the UCSP and is the focus of all the regulatory land use provisions of the
UCSP. The UCSP replaces existing municipal code zoning provisions for the Subdistricts area
with new zoning that permits an increased number of buildings, with increased building heights
and mass. This intensification of land use in the Subdistricts area is planned to accommodate
General Plan projected resident and employment populations. Ultimate buildout of the UCSP
would allow 7,100 net new residential units over the existing 3,700 units, for a total of up to
10,800 dwelling units by the year 2030. Commercial office space would increase by up to 1.3
million square -feet over the existing 2.4 million square -feet for a total of up to 3.7 million
square -feet of commercial space by the year 2030.
Attachment 7
Addendum to Final EIR 06 -01
June 7, 2016
The proposed mixed -use Project, which is the subject of this Addendum, does not result in any
new significant impacts beyond those previously identified in FEIR- 06 -01, nor an increase in
severity of any previously identified impacts in FEIR 06 -01. The environmental analysis
presented in FEIR 06 -01 addresses all potential impacts associated with the UCSP plan. Because
the Project, which is located within the UCSP area, would not result in any new potentially
significant impacts, nor increase the severity of any impacts identified in FEIR 06 -01, the Project
is considered to be adequately covered under FEIR 06 -01.
II. PROPOSED PROJECT
The proposed Project considered in this addendum consists of the redevelopment of the 45,738
square -foot property at the northeast corner of Third Avenue and K Street, with a mixed -use 3 to
5 -story (34 to 60 feet in height) structure with 71 residential condominium units, 1,770- square-
foot residential fitness center, a 1,004 square -foot lobby and elevator space, 2,572 square -foot
residential lounge space, 616 square -feet of commercial space, and a 1,700 square -foot public
plaza. The Project also includes the construction of 142 parlcing spaces (subterranean and
enclosed), 17,646 square -feet of common and private open space, and approximately 8,500
square -feet of landscaped space, as well as the associated access and circulation areas. The Site
is currently occupied by three building structures that were built during the 1950's and 1960's,
and are currently occupied by a martial arts gymnasium, insurance office, botanical sales store,
and chiropractor's office; one of the buildings is currently vacant. Construction of the Project
would involve the demolition of the structures that are currently on the site.
The site is located within the- City's Urban Core Specific Plan C -I Corridor, which allows the
development of mixed use projects subject to compliance with specified development standards
in the Specific Plan. Since the Project site is adjacent to the R -1 (Single- Family) District, the
Project must comply with the development standards of the Neighborhood Transition Combining
District.
The California Environmental Quality Act Guidelines ( §15162) establish the conditions under
which a subsequent EIR shall be prepared.
A. When an EIR has been prepared for a Project, no subsequent EIR shall be prepared for that
Project unless the lead agency determines, on the basis of substantial evidence in 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
EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions to the EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified significant effects; or
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New information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the EIR was prepared.
B. If changes to a project or its circumstances occur or new information becomes available after
preparation of an EIR, the lead agency shall prepare a subsequent EIR if required under
Subsection A. Otherwise the lead agency shall determine whether to prepare a subsequent
Negative Declaration, an addendum or no further documentation (Guidelines §15162).
Section 15164 of the State CEQA Guidelines provides that:
A. The lead agency shall prepare an addendum to a previously certified FIR 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 FIR 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 Project does not constitute a substantial change to the
previously approved UCSP. The proposed Project would not result in any environmental effects
that were not previously considered in FEIR- 06 -01, nor would the changes increase the severity
of any of the impacts identified in FEIR- 06 -01. There has been no material change in
circumstances relative to the UCSP, and no new information of substantial importance has
become available after the preparation of the project EIR. The mitigation measures identified in
FEIR 06 -01 would be equally applicable to the UCSP. Therefore, in accordance with Sections
15162 and 15164 of the State CEQA Guidelines, the City has prepared this addendum to FEIR
06 -01.
III. ANALYSIS
Summarized below are issue areas potentially affected by the proposed Project. As the discussion
outlined below indicates, however, the proposed Project does not result in any impacts beyond
those identified in FEIR- 06 -01.
Technical studies have been prepared for the Project to identify any potential
environmental impacts. No new significant impacts were identified in the technical
studies regarding the proposed Project. The technical studies demonstrate and
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substantiate that the proposed Project does not result in any new significant impacts, nor
increase in severity of any previously identified significant impacts. These include:
1. Phase I Environmental Site Assessment by Ninyo and Moore, dated 1127116.
2. Acoustical Analysis Report by Eilar and Associates dated 11/19/15.
3, Preliminary Drainage Study by Chang Consultants dated 3110116.
4. Storm Water Quality Management Plan prepared by Chang Consultants dated 3/10116.
5. Preliminary Geotechnical Assessment by Group Delta Consultants dated 315/16
6. Traffic Letter Assessment by Linscott, Law and Greenspan dated 1125116.
7. Greenhouse Gas Emissions (GHG) study prepared by Helix Environmental Planning
dated May 5, 2016.
8. Shadow studies were conducted by the Project architects as part of the design of the
Project (refer to sheet A5.0 in the drawing set dated 03110116).
Land Use Compatibility
The proposed Project is located within the Cl District of the UCSP. The Cl District and the
Neighborhood Transition Combining District (NTCD) contain development standards and design
guidelines intended to ensure that new development structures are compatible with existing
adjacent development in the neighborhood. These development standards are related to building
height, setbacks, step - backs, parking, open space, and landscaping. The proposed Project has
been reviewed pursuant to these standards and guidelines, and it has been determined that the
project complies with these requirements (with the exception of FAR, as described further
below), which will provide land use compatibility with the adjacent commercial and residential
area.
The UCSP also contains provisions that permit an increase above the base floor area ratio (FAR)
of 1.0 (45,738 square - feet), if certain project amenities are provided, such as fully enclosed
parking (10% increase), public open space (10% increase), and LEED Gold certification (30%
increase). These items would be provided by the Project, thus, the FAR would be permitted to
increase to 1.50 (68,607 square -feet) per the UCSP incentives. The UCSP also allows the City
Planning Commission (or City Council if applicable) to grant exceptions to the development
regulations, if certain findings required by the UCSP are made. The Project applicant has
requested an exception to the FAR regulations to increase the FAR from 1.50 to 1.99, which
based on the proposed design, would accommodate 71 dwelling units. The findings include the
following:
1. The proposed development will not adversely affect the goals and objectives of the
Specific Plan and General Plan;
2. The proposed development will comply with all other regulations of the Specific Plan;
3. The proposed development will incorporate one or more of the Urban Amenities
Incentives in Section F Urban Amenities Requirements and Incentives, of this chapter;
and
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4. The exception or exceptions are appropriate for this location and will result in a better
design or greater public benefit than could be achieved through strict conformance with
the Specific Plan development regulations.
Staff has determined that the Project complies with these findings because the Project does not
affect the implementation of the UCSP and the General Plan, and because it complies with all
other regulations and development standards of the UCSP. The Project will provide additional
public benefits that exceed the minimum requirements, including the following provisions:
a) 17,646 square -feet of common and private usable open space for residents, which
exceeds the UCSP requirements;
b) High quality architectural design and materials that will provide a focal point for the
neighborhood;
c) Seven guest parking spaces to reduce the demand for on- street parking in the adjacent
residential neighborhood (no guest parking is required by the UCSP);
d) Two wall spaces for public art including a public mural on the north facing wall, and a
fountain or sculpture in the public plaza at the intersection of Third Avenue and K Street;
and
e) An enhanced 10 -foot sidewalk along Third Avenue, which will be wider than a standard
sidewalk and include street trees with tree - grates and street furniture.
L an dfo rm/A e sth eti c s :
Visual Character
As discussed within the Urban Core Specific Plan Final Environmental Impact Report FEIR 06-
01, potentially significant impacts with respect to visual character would be avoided by requiring
that the projects adhere to regulations and design guidelines of the USCP. Mitigation Measures
5.2.5 -1 and 5.2.5 -2 of FEIR 06 -01 specifically require that future projects conform to relevant
development regulations and design requirements of the UCSP. These development regulations
include the NTCD regulations, C -1 zoning regulations, and Design Guidelines, which include
setbacks, stepbacks, screening, landscaping, building design and other appropriate measures to
avoid or minimize adjacency issues related to building mass and form, aesthetics, solar access,
ventilation, and other effects specifically noted in mitigation measures 5.2.5 -1 and 5.2.5 -2 of
FEIR 06 -01.
Light and Glare Effects
As noted in the FEIR 06 -01, Summary of Environmental Analysis Results, the UCSP allows for
substantial intensification of existing land uses by allowing taller building heights and more
building masses. Potential light or glare impacts could effect surrounding sensitive residential
uses and, therefore, appropriate mitigation measures were identified that all subsequent
development projects in the UCSP area shall comply with UCSP development regulations and
design guidelines that are necessary to reduce light and glare effects. The proposed Project is
required to comply with mitigation measure 5.2.5 -2 of FEIR 06 -01; a condition will be included
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in the Design Review/Urban Core Development Permit to that effect. Therefore, no additional
significant light and glare impacts are anticipated.
Air Quality:
The Project complies with mitigation measure 5.10.5 -2 of FEIR -06 -01 by supporting smart
growth principles, such as providing a mix of compatible land uses, providing a range of infill
housing opportunities, compact building design, and providing multi - family housing on MTS
bus route 29. The Project also complies with mitigation measure 5.10.5 -3 by providing a wide
and enhanced sidewalk on the Third Avenue frontage to encourage pedestrian access and
activity. The Project will also be required to comply with mitigation measure 5.10.5 -4 regarding
dust control measures to be employed to reduce air quality impacts from the generation of dust
during construction activities, which will also be shown on all applicable grading and building
plans.
Hazards /Risk of Upset: Hazardous Materials
The Phase I Environmental Site Assessment, prepared by Ninyo & Moore on January 27, 2016
found no significant Recognized Environmental Conditions (REC) on the Project site. However,
due to the age of the existing buildings constructed in the 1950's, the consultant determined that
there is a potential that asbestos and lead paint may be present in the existing buildings. There
also is a potential for presence of lead and organochlorine pesticides in localized areas of
contaminated soil in the vicinity of the building footprints that may be encountered during
grading activities. Although this does not meet the strict definition of an REC for the Project,
because of the potential that workers or other persons in the vicinity could be exposed to releases
of hazardous materials during demolition and grading, the consultant recommends:
(1) That a survey for presence of lead and asbestos be conducted by a qualified inspector
prior to demolition of the existing buildings;
(2) That a soil management plan be prepared and implemented during construction activities;
(3) That a worker health and safety plan be prepared.
These potential impacts will be addressed by compliance with FEIR -06 -02 Mitigation Measure
5.13 -2, which requires performance of a risk assessment where contamination has been identified
or discovered during construction activities. Mitigation Measure 5.13.2 requires a licensed
abatement contractor to remove and properly dispose of any hazardous materials, such as ACM's
and Lead, prior to demolition. Mitigation Measure 5.13 -3 requires a hazardous. materials
building survey prior to demolition activities. A condition of approval will be included as part of
the Design Review (Urban Core Development Permit) to require the completion of a building
survey prior to beginning the building demolition activities.
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Noise:
The City's Noise Ordinance, and the California Administrative Code, requires that interior noise
levels in habitable rooms, from noise generated by exterior sources, shall not exceed 45 dBA
CNEL. An Acoustical Analysis Report was prepared for the Project by Eilar Associates, Inc. on
November 19, 2015. The analysis reviewed the potential impacts from current and future noise
environments, including street traffic noise and other outside elements. Traffic - related noise
levels that would potentially create noise impacts to residential units facing Third Avenue and K
Street range from approximately 63 to 69 dBA are forecast. Typical residential construction,
including walls, windows and mechanical ventilation, may lower the interior noise levels with
windows closed, however, verification that the interior noise levels will meet the interior noise
standard of 45 dBA CNEL must be provided. As required by Mitigation Measures 5.9 -2 and
5.9 -3, the Applicant will be required to submit a noise letter report including data that shows that
the construction will ensure that interior noise levels comply with the interior noise level
standards. Installation of mechanical ventilation and/or air conditioning in accordance with the
California Building Code is necessary to ensure that windows can be closed to achieve
compliance with the 45 dBA CNEL interior standard.
The proposed ground floor commercial suite will share a floor /ceiling assembly with a
residential unit above. The UCSP requires internal compatibility between dissimilar uses in
mixed -use buildings. The study found that a floor /ceiling assembly with a sound rating of 50
Sound Transmission Class (STC) is needed to ensure that acceptable noise levels within the
upstairs residential unit will be provided. As required by Mitigation Measure 5.94, the Applicant
will be required to submit a noise letter report verifying that a floor /ceiling assembly with a
minimum sound rating of 50 STC will be provided to ensure that -the requirements of the -Noise
Control Ordinance and UCSP are met.
The Noise study also anticipated that average construction noise levels at the closest residential
receiver would be 75 dBA, generated at 58 feet from the closest Project noise source to the
nearest residential property line. Thus, the adjacent residential population to the east and
commercial properties to the north and south may be exposed to excessive construction noise
associated with short-term grading and construction activities. These impacts tend to be variable
due to the variety of noise generation characteristics of the heavy equipment and vehicles used,
including the function and power of the heavy equipment or vehicle, and the timing of their
operation, which ranges from periods where no heavy equipment or vehicles are operated, to
simultaneous operations. Also, construction projects are short term in nature, so impacts will not
be long -term. The City of Chula Vista Municipal Code does not provide noise limits for
temporary construction activity at surrounding noise - sensitive property lines. However, the
Project will be required to comply with the Section 17.24.040(C.8) of the Chula Vista Municipal
Code, which requires that noise generated by Project - related grading, demolition or 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. The contractor can also
limit noise impacts to adjacent properties by following measures including reasonable
maintenance of equipment, avoiding simultaneous operation of noise - generating equipment as
much as possible, and using equipment with effective mufflers.
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Traffic /Circulation:
Mitigation Measure 5.8.5 -3 requires Project applicants to prepare a traffic assessment, pay any
applicable Transportation Development Impact pees (TDIF) and traffic signal fees, and construct
any required street improvements. The Project proposes 71 multi- family dwelling units and one
616 square -foot commercial suite, which would generate a total of 667 average daily trips. This
is below the City's minimum threshold to require the Applicant to prepare a full traffic study.
However, due to public concerns about Project traffic, the Applicant submitted a traffic letter
assessment prepared by Linscott, Law & Greenspan Engineers (LLG) dated January 25, 2016,
which focused on near -term traffic impacts associated with the Project. The study looked at the
closest major intersections to the Project site, including Third Avenue and K Street, Third
Avenue and J Street, Third Avenue and L Street, K Street and Church Street, and the Project
entry driveway on K Street. The study looked at the existing traffic conditions for these
intersections, and compared them to the existing conditions plus the addition of the Project
traffic at these intersections. The study found that the intersections currently operate at
acceptable Level of Service "C" or better, and when the Projects traffic is added, these
intersections still operate at acceptable Level of Service "C" or better. The LLG study concluded
that no traffic - capacity related impacts to these intersections would occur.
The Project's entry drive is located approximately 160 feet from the Bank of America driveway
located across K Street from Project site. There is potential that traffic making a left turn from K
Street to Third Avenue will block access to the site from K Street. The study recommends a
"keep clear" striping detail be placed at the combined Project /Bank of America driveway to
ensure that vehicles queuing westbound on Third Avenue do not block the driveway.
The Project will be required to pay TDIF Fees and traffic signal fees, prior to issuance of
building permits. The street improvements required by the Project include an upgraded sidewalk
on the Third Avenue frontage.
Greenhouse Gas (GHG):
Greenhouse gas (GHG) emissions include gases such as Carbon Dioxide (CO2), Methane (CH4),
and Nitrous Oxide (N20). They occur both naturally, and are produced by human activities, such
as by automobile emissions and emissions from production of electricity to provide power to
homes and businesses. These gases prevent heat from escaping the earth's atmosphere, while
allowing in sunlight, which has the effect of warming the air temperature.
California Assembly Bill (AB) 32, known as the "California Global Warming Solutions Act of
2006" established a goal to reduce statewide greenhouse gas (GHG) emissions to 1990 levels by
2020. Other regulations have been enacted at the statewide level to address GHG impacts,
including emissions standards for vehicles, low carbon fuels, and generation of electricity from
renewable resources. These programs are being implemented at the state level, and as such
compliance at the project level is not addressed. The City uses a screening level emission
threshold of 900 metric tons of carbon dioxide equivalents per year (MT CO2 per year) to
evaluate whether a project must conduct further analysis. This standard is based on the California
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Air Pollution Control Officers Association (CAPCOA) report entitled "CEQA and Climate
Change" dated January 2008.
The GHG study prepared by Helix Environmental Planning utilized the California Emission
Estimator Model Version 2013.2.2 to evaluate criteria air pollutants and estimate GHG emissions
from various urban land uses, including mobile (vehicular) and stationary source emissions,
associated with both construction and operation of the proposed Project.
Existing Land Uses:
The existing land uses on the site include 3 buildings with a combined square footage of 20,450
square feet that support a health club, medical office and other business office space. The study
found that these uses generate emissions of 432 MT CO2 per year. These uses are being
removed, and thus the study concluded that existing GHG emissions can be subtracted from the
forecasted emissions generated by the Project.
Construction Emissions:
The GHG study found that construction emissions would be created by vehicle engine exhaust
from construction equipment, truck trips, and employee commuting trips. Construction of the
project was assumed to occur over 15 months, and thus would be short terra and temporary.
Therefore, construction emissions were amortized over a 30 year period. The amortized
construction emissions were estimated to be 12 MT CO2 per year, associated with construction
of the project.
Operational Emissions:
Operational emission sources include energy use (natural gas and electricity), area sources
(landscaping equipment), vehicle use, solid waste generation and water use and conveyance.
The operational emissions associated with operation of the project were estimated to be 857 MT
CO2 per year.
To obtain the total estimated GHG emissions for the Project, the study added the operational and
construction emissions to establish a Project subtotal of 869 MT CO2 per year emissions, and
then subtracted the existing GHG emissions of 432 MT CO2 per year, to arrive at a total
estimated GHG emissions value of 437 MT CO2 per year, compared to existing conditions,
which is below the City's significance threshold of 900 MT CO2 per year (See Table 3 below
from the GHG Study).
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7ahle 3
'`
ESTIMATED ANI�t] ►L OHG Eml$"
Area
1
Energy
104
Mobile
715
Solid Waste
8
Water
29
Operational Subtotal
857
Construction Emissions
12
Project Subtotal
869
Less Existing Emissions
(432)
TOTAL NET PROJECT INCREASE
437
Screening Threshold
900
Significant Impact?,
No
Source: CalEEMod emissions modeling by HELIX 2016 (output data is provided in
Attachment A).
Construction emissions are amortized over 30 years
Conclusion:
Construction of the Project is not expected to generate enough GHG's to result in a substantial
contribution to the global GHG inventory, or to individually influence climate change. GHG
impacts are recognized as exclusively cumulative impacts, and there are no non - cumulative
impacts recognized from a climate change perspective (CAPCOA 2008). Therefore, the
proposed Project would result in less than significant impacts associated with GHG.
Shade /Shadow Study
The project plans include a shade and shadow study (Sheet A5.0 of the plans in Attachment 9 of
the staff report). This study looks at the best and worst case scenarios based upon summer and
winter solstice. The shade /shadow analysis examines summer and winter shading conditions
between Sunrise and Sunset for the 34 to 60 feet -high structure. According to the shade /shadow
analysis, no parcels within the project vicinity would be permanently shaded by the project. The
shadow study shows that there would be shading occurring on the two residential properties
located to the immediate east of the project site throughout the day on the winter solstice.
Because this shading occurs on a limited (worst case) basis on only a few parcels, shading is not
considered to be a significant project impact.
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IV. CONCLUSION
Pursuant to CEQA Guideline Section 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 , and therefore,
does not result in the need for the preparation of a Subsequent or Supplemental Environmental
Impact Report pursuant to CEQA Guideline Section's 15162 and 15163, respectively.
Miguel Tapia, AICP
Senior Planner
Attachments:
Exhibit A - Project site plan
Exhibit B - Executive Summary to FEIR 06 -31-
References: General Plan, City of Chula Vista
Zoning Ordinance, Title 19/City of Chula Vista
Urban Core Specific Plan
Urban Core Specific Plan Final Environmental Impact Report (September 2006)
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