HomeMy WebLinkAboutPlanning Comm Rpts./1997/08/13
AGENDA
CITY PLANNING COMMISSION
Chula Vista, California
7:00 p.m,
Wednesday. August 13. 1997
Council Chambers
Public Services Building
276 Fourth Avenue, Chu]a Vista
CALL TO ORDER
ROLL CALL/MOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE
INTRODUCTORY REMARKS
APPROVAL OF MINUTES - Meeting of July 23, 1997
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission on any
subject matter within the Commission's jurisdiction but not an item on today's agenda.
Each speaker's presentation may not exceed three minutes,
1.
PUBLIC HEARING:
Continued Pub]ic Hearing SUPS-96-06; Request for a
special use permit to continue operating a truck
terminal/trailer storage yard at 2451 Faivre Street -
California Multi-Moda], Inc. and H. G. Fenton Materia]
Company
2. Update on Council Items
DIRECTOR'S REPORT
COMMISSIONER COMMENTS
ADJOURNMENT at
p.m. to the Workshop Meeting of August 20, 1997 at 5:30 p.m.
in Conference Rooms 2/3 (Topic of Agenda will be the discussion
of Otay Valley Regional Park Concept Plan), and to the Regu]ar
Business Meeting of August 27, 1997, at 7:00 p.m. in the Council
Chambers.
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests
individuals who may require special accommodations to access, attend, and/or participate in a City
meeting, activity, or service to request such accommodation at least forty-eight hours in advance for
meetings and five days in advance for scheduled services and activities, Please contact Nancy Ripley
for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) (619)
585-5647. California Relay Service is available for the hearing impaired.
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PLANNING COMMISSION AGENDA STATEMENT
Page 1, Item: 1
Meeting Date: 08/13/97
ITEM TITLE:
Continued Public Hearing: SUPS-96-06 - Request for a special use permit
to continue operating a truck terminalltrai]er storage yard at 245] Faivre
Street - California Mu]timodal, Inc. and H.G. Fenton Material Company
BACKGROUND:
At the public hearing for SUPS-96-06, the attorney for California Multimodal, Inc. (CMI),
Matthew A. Peterson, indicated that there were concerns with the Mitigated Negative Declaration
for 15-96-08 (MND)(Attachment I), On July 28, 1997, he submitted the attached letter
(Attachment 2) expressing these concerns. Staff review these and responded on Ju]y 3], ]997
(Attachment 3).
RECOMMENDATION:
That the Planning Commission adopt the Mitigated Negative Dec]aration for IS-96-08 and Special
Use Permit SUPS-96-06 subject to the attached draft Redevelopment Agency Reso]ution No. _
_ approving the application for a truck terminal/trai]er storage yard at 245] Faivre Street for
a two (2) year period.
BOARDS/COMMISSIONS RECOMMENDATION:
The Resource Conservation Commission will consider the Mitigated Negative Dec]aration for IS-
96-08 on August 11, ]997. A verbal report of their action will be given to the Planning
Commission at the public hearing.
DISCUSSION:
Briefly, the Mr. Peterson brought up the following issues (P]ease note that items 1 to 5 below are
the same issues covered in the staff response dated Ju]y 31, 1997 to Mr. Peterson's Ju]y 28, ]997
letter) :
]. Notification when Municipa] Code violation observed by the Mitigation Monitoring
Coordinator (MMe). (Page 6, Mitigation Measure No. 3.A, last paragraph,)
CMl wanted a chance to remedy any Municipal Code violation prior to any action by the
City. The original wording had the MMC notifying various City department heads. The
revised mitigation measure now allows MMC notify the Applicant/Operator and the City
and to set a "reasonab]e time" for the violation to be remedied by CM1. If the violation
-- --~---,-~
Page 2, Item: 1
Meeting Date: 08/13/97
is not remedied, the MMC will then notifY the City after the "reasonable time" so the City
can take any appropriate action it deems appropriate, including Code Enforcement action.
2. Frequency of inspections by the MMC. (Page 6, Mitigation Measure No. 3.A, first two
paragraphs, )
Previously, this paragraph had the MMC performing weekly inspections for the two year
duration of the Special Use Permit. The compromise is now that the MMC will perform
inspections every other week for the first year. For the second year there would be
monitoring every month or upon request by the City.
3. MMC's responsibility regarding the silt fence. Coordinating with Merke] & Associates.
(Mitigation Measure No.2.)
The MMC will also monitor the construction and upkeep of the silt fence during the life
of the Special Use Permit and would also coordinate with Merke] & Associates, the
environmental firm retained by CM! to monitor the restoration of the wetland area, in
order to monitor any impacts to the wetland area, especial]y impacts caused by the dust
suppressant.
4. Requirement for NPDES/SWPPP. (Top of Page 4 in the Mitigated Negative Declaration
for IS-96-0S.)
The wording was slightly changed to be more permissive. The previous wording required
the preparation of the NPDESISWPPP. The new wording is permissive in that IF the
NPDES/SWPPP are required, than the App]icant/Operator must prepare same.
5. Wording related to drainage. (Bottom of Page 4 in the Mitigated Negative Declaration for
IS-96-0S. )
The City Engineer confirmed that this commentary is factual]y true. However, the
Applicant/Operator continue to disagree with this wording and have submitted a letter
dated August 5, 1997 so stating (Attachment 4). However, the disagreement is separate
from their willingness to sign the Checklist for Mitigated Negative Declaration for IS-96-
OS and implement the mitigation measures. The Mitigation Measures will remain the same
with or without the specified wording.
CONCLUSION:
Staff has concluded that, subject to the recommended conditions of approval as found in the
Redeve]opment Agency Reso]ution for this project, the use of the Project Site as a truck
tenninal/trai]er storage yard is an appropriate land use for the two year life of Special Use Permit
Page 3, Item: 1
Meeting Date: 08/13/97
SUPS-96-06, Therefore, staff continues to recommend that the Planning Commission recommend
the two (2) year conditional approval of the project pursuant to the Resolutions of Approval.
Attachments
1. Mitigated Negative Dec]aration for IS-96-0S
2. Ju]y 2S, 1997 letter from Matthew A, Peterson, Attorney for CMI
3, July 31, 1997 letter from the Planning Department responding the Ju]y 2S, 1997 letter
4. August 5, 1997 letter from Matthew A, Peterson, Attorney for CMI
Exhibits
]. Locator Map and Map Showing Storage Yard
(m:\home\planning\martin\cmi\8-13pc.rpt)
RESOLUTION NO. SVPS-96-06
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THAT THE
REDEVELOPMENT AGENCY GRANT A SPECIAL USE PERMIT
FOR A TEMPORARY TRUCK TERMINAL/TRAILER
STORAGE YARD AT 2451 FAIVRE STREET
WHEREAS, a duly verifJed application for a special use permit (SUPS-96-06) was f1led with the City
ofChula Vista Planning Department on July 10. 1995 by Mr. Allen M. Jones on behalf of H.G. Fenton
Material Company and California Multi-Modal, Inc. (Applicants); and
WHEREAS, said application requested approval of a special use permit to continue the use
of the Project Site as a temporary truck terminal/trailer storage yard ( Project) in the IL-P Zoning
District at Project Site; and
WHEREAS, the Planning Commission set the time and place for a hearing on said special use permit
application and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries
of the property at least ten (10) days prior to the hearing; and
WHEREAS, a Mitigated Negative Declaration for IS-96-08 was duly executed; and
WHEREAS, the hearing was held at the time and place as advertised, namely September II, 1996,
after which it was continued, On July 23, 1997 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue,
the Planning Commission reopened the public hearing, took public testimony and continued said public hearing
to August 13, 1997. On August 13, 1997, the public hearing was reopened, public testimony taken and
thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby
reconnnends Redeve]opment Agency approval of the attached draft Redeve]opment Agency Reso]ution
for the Project, based on the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution shall be transmitted to the
Redevelopment Agency.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this day 13th day of August, 1997 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Patty Davis, Chair
Diana Vargas, Secretary
(m:\home\pIanning\martin\fenton\faivre\9606pc.res)
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA ADOPTING THE
MITIGATED NEGATIVE DECLARATION ISSUED ON IS-96-
08 AND APPROVING A SPECIAL USE PERMIT FOR A
TRUCK TERMINAL/TRAILER STORAGE YARD AT 2451
FAIVRE STREET
I. RECITALS
A. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated herein
by this reference, and commonly known as 2451 Faivre Street (APN 622-190-15)
("Project Site"); and,
B. Project Applicant
WHEREAS, a duly verified application for a special use permit was filed with the
City of Chula Vista Planning Department on Ju]y 10, ]995 by Mr. Allen M, Jones
on behalf of H.G. Fenton Material Company and California Mu]ti-Modal, Inc.
( Applicants); and
C. Project Description; App]ication for Special Use Permit
WHEREAS, said application requested approval of a special use permit to continue
the use of the Project Site as a temporary truck terminal/trai]er storage yard
( Project) in the IL-P Zoning District at Project Site; and
D. Planning Commission Record on App]ication
WHEREAS, the Planning Commission held an advertised public hearing on
September 11, 1996 and, after taking testimony from those present, continued said
public hearing. On July 23, ]997, the Planning Commission reopened said public
hearing, took public testimony and thereafter continued the public hearing to
August 13, ]997. On August 13, ]997, the Planning Commission reopened the
public hearing, took public testimony and thereafter closed said public hearing. The
Planning Commission then voted _-_ recommending that the Redeve]opment
Agency approve the Project in accordance with Planning Commission Reso]ution
No. SUPS-96-06; and
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Reso]ution No,
Page #2
E. Notice of Public Hearing
WHEREAS, the Redevelopment Agency set the time and place for a hearing on
said special use permit application and notice of said hearing, together with its
pmpose, was given by its publication in a newspaper of general circulation in the
city and its mailing to property owners within 500 feet of the exterior boundaries
of the property at least 10 days prior to the hearing; and
F. Place of Public Hearing
WHEREAS, the hearing was held at the time and place as advertised, namely
September ]6, ]997 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue,
before the Redeve]opment Agency and said hearing was thereafter closed.
NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency does hereby
find, determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and aI] evidence on the Project introduced before the Planning
Commission at their public hearing on this project held on September 1], 1996, Ju]y 23,
1997 and August 13, ]997 and the minutes and resolution resulting therefrom, are hereby
incorporated into the record of this proceeding.
NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY
hereby approves Special Use Permit SUPS-96-06 based on the following findings and aI] other
reports, evidence and testimony presented with respect to the proposed use.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The Redeve]opment Agency hereby approves Mitigated Negative Declaration IS-96-08.
IV. SPECIAL USE PERMIT FINDINGS
The following findings are required by the Southwest Redeve]opment Plan which governs
the issuance of special use permits. The Redevelopment Agency of the City of Chu]a
Vista is able to make findings in support of the Project as required by the City's rules and
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Resolution No.
Page #3
regulations for the issuance of special use permits, as hereinbelow set forth, and sets forth
the evidentiary basis for approval of the proposed Project:
] , That the proposed use at the location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposed temporary truck terminal/trailer storage area provides for the storage
of various items of material and equipment that are useful to the continued
operation of businesses within the community.
2, That such use will not under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
The proposed temporary truck terminal/trailer storage area presents a neat, well
ordered appearance and will be separated from nearby residents by Faivre Street
and will not result in impacts which would adversely affect humans or surrounding
properties,
3. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
The proposed storage area will complies with the applicable conditions, codes and
regulations for the Montgomery Specific Plan area,
4. That the granting of this special use permit will not adversely affect the
general plan of the City or the adopted plan of any government agency.
The site is located in the White]ands special comprehensive study area and a
specific plan designation for this area has not yet been determined. With the
approval of a special use permit aI]owing this use for a temporary period, and the
Planning Department's ability to phase out this use if open space is determined to
be the best for the area, this project will be consistent with the applicab]e plans and
policies.
V, TERMS OF GRANT OF PERMIT
The Redeve]opment Agency hereby grants Special Use Permit SUPS-96-06 subject to the
following conditions whereby the Applicants shal]:
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Reso]ution No.
Page #4
A. Operate the Project as submitted to and approved by the Agency, except as
modified herein and/or as required by the Municipal Code, and as detailed in the
project description.
B. Comply with aI] conditions of approval pursuant to PCC-90-02 or as otherwise
modified herein.
C. Comp]y with all Mitigation Measures as incorporated into the Mitigated Negative
Declaration for IS-96-08.
D, Operate the Project for a maximum of two years from the date of approval of
Special Use Pennit SUPS-96-06, after which time period this approval expires and
becomes null and void.
E. To ensure that dust is eliminated, the App]icant and/or Operator shal]:
1. Acknow]edge and agree that monitoring of dust and mud conditions on the
Project Site and along the Project's Faivre Street frontage will be carried
out by the MMC who will perform inspection visits a minimum of once
every other week for the first year. After the first year, the MMC shal]
perform monthly inspections, or upon request by the City. Any unused
portion of deposit submitted by the Applicant for the Mitigation Monitoring
Program shal] be refunded after the second year. Likewise, in the event the
deposit amount is exhausted prior to the end of the second year, the
App]icant shal] submit an additional deposit amount as stipulated by the
Director of Planning.
The MMC will forward monitoring reports for each visit to the App]icant,
Director of the Building and Housing Department, the Director of the
Planning Department and the City Engineer as to the state of the site and
the Project's frontage along Faivre Street with respect to dust abatement
and mud being tracked onto Faivre Street. Said report shal] indicate
whether dust clouds and/or mud is observed on the Project Site or along the
Project's Faivre Street frontage,
If the MMC observes dust clouds being generated by vehicles associated
with the Project Site or mud being tracked onto Faivre Street from the
Project Site, he/she shal] immediately send written notification to the
Applicant, the Director of Building and Housing, the City Engineer and/or
the Director of Planning, as appropriate. Within a reasonable time limit,
as detennined by the MMC, after initial notification of violation the MMC
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Reso]ution No.
Page #5
shal] revisit the Project Site to confirm compliance, If the situation is not
remedied within said reasonable time specified by the MMC, the MMC
shall a send second written notice to the above-mentioned parties, after
which the City may take any Code Enforcement action it deems necessary.
2, App]y one of the dust control agents listed in Attachment] to aI] driving
surfaces, including the Project's frontage along Faivre Street, as often as
the MMC determines is needed in order to prevent dust clouds from
forming, but not in such concentrations as will negatively impact the
wetland area to the south, as determined by the MMC.
Applicant/Operator shall ensure that any dust control agent so applied shall
be biodegradable and non-toxic. If needed, additional applications shal] be
applied at Applicant's/Operator's expense as determined necessary at the
discretion of the MMC. As proof of application of one of the dust control
agents, a letter from the Applicant or Operator shal] be submitted to the
MMC, the Director of Planning, the Director of Building and Housing and
the City Engineer within five (5) working days after the application
indicating the agent applied, date, time and areas of application.
3. Until such time as construction of permanent improvements commences
along the Project's Faivre Street frontage, remove accumulated dirt from
Faivre Street frontage on a weekly basis or as otherwise determined by and
to the satisfaction of the MMC, Removal of accumulated dirt shal] be
accomplished by use of a street sweeper, shoveling of dirt off of Faivre
Street or any other method that the MMC agrees effectively removes the
dirt.
F, Not aI]ow trucks entering the complex to stack on Faivre Street. All stacking shal]
take place on-site. To ensure that stacking does not occur in the public right -of-
way, Applicants shall add personnel to the in-bound lane of the operations as
warranted by an anticipated higher-than-normal flow, or if an unexpected number
arrives, a person on stand-by shal] be cal]ed in to handle the extra numbers of
trucks,
G, Within thirty (30) days of the approval of Special Use Permit SUPS-96-06,
schedule a security survey with the Crime Prevention Unit of the Chu]a Vista
Police Department and implement any suggestions resulting therefrom within sixty
(60) days of receipt of said suggestions, to the satisfaction of the Chief of Police.
(m: \home\planning\martin\cmi\9606ra. res)
Reso]ution No.
Page #6
H. Submit a lighting plan to the Zoning Administrator for review and approval prior
to installing any such lighting system, whether for security or some other purpose.
Any lighting adjacent to the Otay River shall be directed away from the river
valley. Said lighting shall be low pressure sodium and shall be shielded from the
adjacent river area to protect habitat within this wetland and preserve linkage,
consistent with proposed policies of the Multiple Species Conservation Program.
I. Participate in and agree not to protest the formation of a reimbursement and/or
assessment district to improve the intersection of Faivre Street and Broadway, to
the satisfaction of the City Engineer.
J. Maintain the hours of operation as 6:00 a.m, to 10:00 p.m. Monday through
Saturday, and 8:00 a.m. to 6:00 p,m. on Sunday.
K. App]icant/operator shal] and does hereby agree to indemnify, protect, defend and
hold hannless City, its Council/Agency members, officers, employees, agents and
representatives, from and against any and al] liabilities, losses, damages, demands,
claims and costs, including court costs and attorneys' fees (collective]y,
"liabilities") incurred by the City/Agency arising, directly or indirectly, from (a)
Agency's approval and issuance of this Special Use Permit, (b) Agency's approval
or issuance of any other permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c) Applicants'
operation of the facility permitted hereby. App]icants shal] acknowledge their
agreement to this provision by executing a copy of this Special Use Permit where
indicated below. Applicants' compliance with this provision is an express
condition of this Special Use Permit and this provision shal] be binding on any and
all of Applicants' successors and assigns.
L. This permit shal] be subject to any and aI] new, modified or deleted conditions
imposed after approval of this permit to advance a legitimate governmental interest
related to health, safety or welfare which the City/Agency shal] impose after
advance written notice to the Permittee and after the City/Agency has given to the
Permittee the right to be heard with regard thereto. However, the City/Agency, in
exercising this reserved right/condition, may not impose a substantial expense or
deprive Permittee of a substantial revenue source which the Permittee can not, in
the normal operation of the use permitted, be expected to economical]y recover.
M. This Special Use Permit shall become void and ineffective if not utilized within one
year from the effective date thereof, in accordance with Section ]9. ]4,260 of the
Municipal Code. Fai]ure to comply with any condition of approval shal] cause this
permit to be reviewed by the City for additional conditions or revocation.
(m: \home\planning\martin\cmi\9606ra. res)
Resolution No.
Page #7
N, Execute the attached Agreement (Attachment A) indicating that you have read,
understood and agreed to the conditions of approval contained herein, and will
implement same.
O. Comp]y with all applicab]e Federal, State and local laws, requirements, rules and
policies, and obtain and comply with all necessary permits for the Project from
each respective level of government, as applicab]e.
P. Not transport or store hazardous or toxic materials as cargo in any trailer in
connection with the Project site or on any public right-of-way within the City of
Chula Vista.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Redeve]opment Agency 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 anyone or more terms, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable,
this resolution and the permit shall be deemed to be automatically revoked and of no
further force and effect ab initio.
THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS
NINETEENTH DAY OF AUGUST 1997,
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
John M. Kaheny
City Attorney
(m:\home\planning\martin\cmi\9606ra.res)
AGREEMENT BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA
AND
H.G. FENTON COMPANY,
OWNERS OF 245] FAIVRE STREET (APN 622-]90-]5),
AND CALIFORNIA MULTI-MODAL, INC.
RELATED TO THE CONDITIONAL APPROVAL OF SUPS-96-06
Applicants shall execute this document by signing the lines provided below, said execution
indicating that the Applicants have each read, understood and have their respective company's
authority to and do agree to the conditions contained in Resolution No. , and will
implement same to the satisfaction of the Redeve]opment Agency of the City of Chula Vista,
California. Upon execution, this document and a copy of Reso]ution No. shal] be
recorded with the County Recorder's Office of the County of San Diego, at the sole expense of
the App]icant, and a signed, stamped copy returned to the City Clerk and the Planning
Department. Failure to return a signed and stamped copy of this recorded document within thirty
days of recordation to the City Clerk and the Planning Department shal] indicate the App]icants'
desire that the Project, and the corresponding application for a business license, be held in
abeyance without approval.
Printed Name and Title of Authorized Representative of
H.G. Fenton Company
Signature of Authorized Representative of
H,G. Fenton Company
Date
Printed Name and Title of Authorized Representative of
California Multimodal, Inc.
Signature of Authorized Representative of
California Multimodal, Inc.
Date
Attachment: Reso]ution No.
Attachment 1
MITIGATED NEGATIVE DECLARATION
PROJECT NAME:
CMI Truck Terminal/Trai]er Storage
PROJECT LOCATION:
245] Faivre Street, south side of street
ASSESSOR'S PARCEL
NUMBER:
622-190-15
PROJECT APPLICANT:
H.G. Fenton Material Company (Applicant)
PROJECT AGENT:
Allen M. Jones
CASE NO.:
IS-96-08
DATE:
August 4, 1997
A. PROJECT SETTING
-The project setting consists of a 9.64 acre parcel of land located south of Faivre Street at
Jacqua Street within the Otay River l00-year floodplain. Of the 9.64 acres, the Applicant
will use only 3.00 acres for the Project. The parcel is dissected in an east/west direction
by a fIre access road. The northem third of the site is being used as a truck terminal/trai]er
storage for the adjacent business to the west (2387 Faivre Street). The southern two-thirds
of the site consists of wetland area. The latter portion slopes towards the Otay River and
is located within the floodway. It is" comprised of riparian scrub and a ruderal fIeld. The
southern portion of the site, which is wetland, will remain undeveloped.
Surrounding land uses include: mini-storage, industrial warehousing, auto repair and single
family residences to the north, the Otay River to the south, a towing impound yard and
vehicle storage to the east and a truck and trailer storage to the west.
B. PROJECT DESCRIPTION
H.G. Fenton owns the subject property at 2451 Faivre Street. In 1990, the App]icant
obtained Conditional Use Permit PCC-90-02 for this operation. Conditional Use Permit
PCC-90-02 expired in Ju]y ]995.
The Catellus Deve]opment Company owns the property to the west at 2387 Faivre Street.
California Multimodal Inc., (Operator) leases both the Catellus-owned property and the
Fenton-owned property for their truck terminal/trai]er storage operation. The Catellus
property is not part of this application.
IS-96-08: CMI Truck Terminal/Trai]er Storage
Page No.2
The Applicant has applied for a Special Use Permit to continue the use on the subject
parcel for an additional two years as it has been used since mid-1990 under PCC-90-02 as
a truck terminal/trailer storage yard by the Operator, Staff is recommending the Special
Use Permit be granted for a period of two years.
The plan provides space to accommodate approximately 134 20-ft long trailers and about
94 40-foot long trailers. A modular structure is located along the western property line
and functions as a guard building. No expansion of the operation is being requested with
this Special Use Permit. Various items are transported to and from the site from Long
Beach, Mexico, throughout the United States and overseas.
The requested hours of operation are 6:00 a.m. to 10:00 p.m. Monday through Sunday.
The previous 1990 approval was from 6:00 a.m. to 10:00 p.m. Monday through Saturday
and 8:00 a,m. to 6:00 p.m. on Sunday. The Special Use Permit continues to limit the
hours of operation per the previous approval
As mentioned earlier, the original Conditional Use Permit PCC-90-02 for this parcel
expired in July 1995. Therefore, the Applicant is requesting a new Special Use Permit in
conjunction with the Operator. The City of Chu]a Vista original]y granted PCC-90-02 for
a two (2) year period of time as the site is within a Special Study Area on the Montgomery
Specific Plan called the Whitelands (possibly a part of the future Otay River VaI]ey
Regional Park). Since then the permit has been extended two (2) times and the area has
become part of the Southwest Redeve]opment Area. This truck terminal/trailer storage
facility has remained in operation for over seven years. The granting of the new Special
Use Permit, SUPS-96-02 (as is required in Redeve]opment Areas), would aI]ow for a
continuance of those uses for an additional two years, after which time it will expire and
become null and void.
Based upon an analysis of the ongoing operation on the site, mitigation measures are
required to control dust (as described in section E) in order to continue the operation.
These mitigation measures have been agreed to by the project Applicant.
A portion of the site is in the California Coastal Zone. However, the California Coastal
Commission's California Code of Regu]ations Section 13050.5 states that a coastal
development permit shal] only be required on those portions of a development actual]y
located within the coastal zone. Since the App]icant is not proposing development on the
portion of the parcel located within the coastal zone, no coastal development permit is
required.
The discretionary actions include approval by the Redevelopment Agency of the Special
Use Permit and the Negative Declaration for IS-96-08.
~
]S-96-08: CMI Truck Tenninal/Trailer Storage
Page No. 3
C. COMPATIBILITY WITH ZONING AND PLANS
The current on-site zoning is IL- P (Limited Industrial subject to a Precise Plan) and the
site is designated Research and Manufacturing on the City's General Plan Map. The site
is designated "Whitelands" in the Montgomery Specific Plan (MSP), which is a "special
comprehensive study" area, and is within the Southwest Redevelopment Area (SRA). This
site is also under review for inclusion as part of the Otay River VaI]ey Regional Park.
Continuing the existing use of the property for one additional year is consistent with the
intent of the MSP and the SRA.
D. JDENTIF1CATION OF ENVIRONMENTAL EFFECTS
Environmental effects identified which are associated with this project include: 1) wetland
restoration; and 2) dust.
1. Wetland Restoration
CMI previously filled in a portion of the southern part of the subject parcel. However,
after being infonned of the violation, a wetland habitat restoration plan was prepared by
Merkel and Associates, Inc., and a replanting effort is underway to bring this area back
,to its natural state. The summary of the Six-Month Wetland Monitoring Report prepared
by Merke] and Associates, Inc. states;
The six month vegetation monitoring for the California Multimodal, Inc.,
(C.M.I.) revegetation site in Chu]a Vista was conducted by Merke] &
Associates on December 5, ]996. The six month milestone success criteria
for the site monitoring was met with vegetation exceeding the required 10 %
cover and 80% overal] survival of container p]antings. In order to meet the
criteria for the next monitoring period (i,e., 12 months -- ]5% cover, no
additional loss of plants ) continued weed eradication of Fenne]
(Foenicu]um vulgare) is recommended. Other recommendations include
occasional inspections to ensure that two other invasive species, Garland
Chrysanthemum (Chrysanthemum coronarium) and the Spiny Cocklebur
(Xanthium strumarium), do not become a pernicious problem
during/following the winter rainy season.
When a dead sapling count was taken on December 5, 1996, none could be found. One
species, the Marsh Evening Primrose, was not thriving at the few locations where it was
planted as a secondary, understory component. After the one year monitoring report,
which will be prepared later this spring, the City will be better able to detennine the
survival quotient of this species, Other than the primrose, no other dead or sickly plants
were observed. The present six month report is part of a five year monitoring program.
----_..-~-
IS-96-08: CMI Truck Terminal/Trailer Storage
Page NO.4
The Department of Fish and Game has granted a Streambed/Lake A]teration Permit
(Streambed/Lake Alteration Notification No. 5-021-96) regarding this restoration project.
If required, the Applicant shal] obtain an NPDES (National Pollutant Discharge
E]imination System) permit and an SWPPP (Storm Water Pollution Prevention Plan).
The Negative Declaration for IS-90-09, issued as part of the original 1990 application,
contained a mitigation measure which is included in this Negative Declaration which
required a silt fence along the southern boundary adjacent to the wetland area. A silt
fence, as required original]y in ]990, will ensure that the wetland is protected from any
undesirable runoff resulting from the Operators use of the land. The portions of IS-90-09
relating to wetland protection are hereby incorporated into this Mitigated Negative
Declaration by reference.
In 1994, in violation of Conditional Use Permit PCC-90-02, California Multimodal, Inc.
filled in a portion of the southern two thirds of the Project Site to use as trailer parking.
However, after being informed of the violation, a Wetland Habitat Restoration Plan (copy
attached to the Checklist for IS-96-08) was prepared by Merke] and Associates, Inc., and
a replanting effort is underway to bring this area back to its natural state, As part of the
monitoring of this program, a Six-Month Wetland Monitoring Report (copy attached to
the Checklist for IS-96-08) was prepared by Merkel and Associates, Inc. This is an on-
going restoration project that will end when the five year Mitigation Monitoring Program
ends.
2. Dust
Residents near the site have contacted Planning Department staff and/or the Air Pollution
Control District (APCD) regarding lheir concerns with unusually high amounts of dust in
the neighborhood, A nearby business operator reported that vehicles parked outside of his
business are covered with a layer of dust from the site every day of the year. Complaint
investigation reports filed by the Air Pollution Control District staff included comments:
that one resident "can never keep her house clean, observance of a cloud of dust trailing
behind and to the side of each large container truck traveling east. An employee stated
that the dust made him wheeze and cough and other employees complained about severe
bronchial problems and the dust aggravates allergies.
The W1even surface of the Project Site has resulted in depressions in the ground which fill
with water during rain storms, This ponding causes mud puddles. Mud then gets picked
up by the trUcks and trailers and tracked onto Faivre Street. This mud then dries and turns
to dust when vehicles roll over it. In addition, to some extent, the mud is also the result
of storm water ponding in the public right-of-way on Faivre Street in front of App]icant's
property. This ponding occurs in part because of the unpermitted in-filling and grading
of a drainage area to create a driveway on the adjacent site (2387 Faivre Street) operated
by the Operator. The tracking of mud onto any public street is a violation of the
IS-96-08: CMI Truck Terminal/Trai]er Storage
Page No.5
Municipal Code, Sections 12. ]2.080, ]2. ]2.110, et. seq. In addition, the discharge of air
contaminants is a violation of Section 19.66.140 of the Zoning Ordinance.
As a result of the dust being kicked up, a Notice of Violation was issued by APCD to the
Operator on February ]9, ]997, under Health and Safety Code 41700 Ru]e 5], for
discharging such quantities of air contaminants, particular]y dust, which caused injury,
detriment, nuisance or annoyance to a considerable number of people in the Project's
vicinity. The Operator is required to satisfy the Air Pollution Control District and the
Health and Safety Code under which they have jurisdiction. The Operator notified APCD
that they will sweep the street in order to control dust at the site and will apply Magnesium
Chloride (or other chemicals) to the unpaved travel surfaces on the Project Site and along
the frontage of the Project Site on Faivre Street. At present, there are no established,
specific application rates for dust agents. However, the occupance of observable dust
clouds can be reduced to zero with the proper implementation of a combination of
mitigation measures. The Mitigation Measures related to dust reduction as found in
Section E, when implemented, have the capability of reducing the occupance of observable
dust clouds to zero.
E. MITIGATION NECESSARY TO A VOID SIGNIFICANT EFFECTS
As a result of the Initial Study, specific project mitigation measures are required to reduce
potentially significant environmental impacts to a level below significant per the California
Environmental Quality Act (CEQA). Therefore, mitigation measures are listed in this
section, as well as requirements of the attached Mitigation Monitoring Program. Some
are incorporated into the Special Use Permit as conditions of Project approval. The
Applicant/Operator agree to reimburse the City for any costs to the City associated with
monitoring or enforcing the followrng Mitigation Measures. Project Mitigation Measures
are as follows:
1. Within thirty (30) days of the approval of Special Use Permit SUPS-96-06, retain
a Mitigation Monitoring Consultant (MMC) through the City of Chula Vista's third
party agreement process, to the satisfaction of the Director of Planning.
2. To prevent erosion on the Project Site and ensure that the wetlands in the
immediate vicinity of and on the Project Site are protected, the Applicant/Operator
shal] install and keep in good repair a silt fence on the south side of the three acre
usable area of the Project Site and north of the approximately 6.64 acres of
wetlands, to the satisfaction of the MMC. The silt fence shall be constructed to a
height and of a material specified by the MMC.
The MMC, as part of the Mitigation Monitoring Program, will periodical]y inspect
the silt fence to ensure that it is in good repair and performing its intended purpose,
and will coordinate inspections of the wetlands area with the Operator's
environmental firm to ensure that the wetland area is protected from adverse
IS-96-08: CMI Truck Terminal/Trailer Storage
Page No, 6
impacts related to runoff from the project site. The MMC may require the
Applicant/Operator to change the dust control agent if he/she observes negative
impacts resulting from its application to the Project Site to the wetlands area.
3. To ensure that dust is eliminated, the Applicant and/or Operator shal]:
A. Acknow]edge and agree that monitoring of dust and mud conditions on the
Project Site and along the Project's Faivre Street frontage will be carried
out by the MMC who will perform inspection visits a minimum of once
every other week for the first year. After the first year, the MMC shall
perform monthly inspections, or upon request by the City. Any unused
portion of deposit submitted by the Applicant for the Mitigation Monitoring
Program shall be refunded after the second year. Likewise, in the event the
deposit amount is exhausted prior to the end of the second year, the
Applicant shall submit an additional deposit amount as stipulated by the
Director of Planning.
The MMC will forward monitoring reports for each visit to the Applicant,
Director of the Building and Housing Department, the Director of the
Planning Department and the City Engineer as to the state of the site and
the Project's frontage along Faivre Street with respect to dust abatement
and mud being tracked onto Faivre Street. Said report shal] indicate
whether dust clouds and/or mud is observed on the Project Site or along the
Project's Faivre Street frontage.
If the MMC observes dust clouds being generated by vehicles associated
with the Project Site or mud being tracked onto Faivre Street from the
Project Site, he/she shal] immediately send written notification to the
Applicant, the Director of Building and Housing, the City Engineer and/or
the Director of Planning, as appropriate. Within a reasonable time limit,
as determined by the MMC, after initial notification of violation the MMC
shal] revisit the Project Site to confirm compliance. If the situation is not
remedied within said reasonable time specified by the MMC, the MMC
shal] a send second written notice to the above-mentioned parties, after
which the City may take any Code Enforcement action it deems necessary.
B, App]y one of the dust control agents listed in Attachment 1 to all driving
surfaces, including the Project's frontage along Faivre Street, as often as
the MMC determines is needed in order to prevent dust clouds from
forming, but not in such concentrations as will negatively impact the
wetland area to the south, as determined by the MMC.
Applicant/Operator shal] ensure that any dust control agent so applied shall
be biodegradable and non-toxic. If needed, additional applications shal] be
._~--._,~-,._-
IS-96-08: CMI Truck Terminal/Trailer Storage
Page No.7
applied at Applicant's/Operator's expense as determined necessary at the
discretion of the MMC. As proof of application of one of the dust control
agents, a letter from the Applicant or Operator shal] be submitted to the
MMC, the Director of Planning, the Director of Building and Housing and
the City Engineer within five (5) working days after the application
indicating the agent applied, date, time and areas of application.
C. Until such time as construction of permanent improvements commences
along the Project's Faivre Street frontage, remove accumulated dirt from
Faivre Street frontage on a weekly basis or as otherwise determined by, and
to the satisfaction of the MMC. Removal of accumulated dirt shall be
accomplished by use of a street sweeper, shoveling of dirt off of Faivre
Street or any other method that the MMC agrees effectively removes the
dirt.
F. CONSULTATION
] . Individuals and Or~anizations
City of Chula Vista:
Air Pollution
Control District:
Applicants' Agent:
Barbara Reid, Planning Department
Doug Reid, Environmental Review Coordinator
Martin Miller, Planning Department
Roger Daoust, Engineering Division
Cliff Swanson, Engineering Division
Garry Williams, Planning Department
Ken Larsen, Director of Building and Housing
Brad Remp, Assistant Director, Bui]ding & Housing
Doug Perry, Fire Marshal]
MaryJane Diosdada, Crime Prevention
Marty Schmidt, Parks and Recreation Department
Jeff Steichen, Planning Department
Keith Barr, Planning Department
Office of the City Attorney
Chu]a Vista City Schoo] District: Dee Peralta
Sweetwater Union High Schoo] District: Tom Silva
Steve Evans
Allen M. Jones
IS-96-08: CMI Truck Terminal/Trailer Storage
Page No, 8
G. INITIAL STUDY
This environmental determination is based on the attached Initial Study, any comments
received on the Initial Study and any comments received during the public review period
for this Mitigated Negative Declaration. The report reflects the independent judgement
of the City of Chu]a Vista, Further information regarding the environmental review of this
project is available from the Chu]a Vista Planning Department, 276 Fourth Avenue, ChuJa
Vista, CA 9]910.
iJ":/2~~ ~~/
ENVIRON~NTAL REVIEW COORDINATOR
H. RFERENCES
General Plan, City of Chu]a Vista
Title ]9 (Zoning Ordinance), Chu]a Vista Municipal Code
City of Chu]a Vista Environmental Review Procedures
,California Multimodal, Inc./Faivre Street Wetland Habitat Restoration Plan prepared by
Merke] and Associates, Inc. (October 5, ]995)
California Multimodal (C.M.I.) Site/Wetland Status and Historic Review prepared by
Mercke] and Associates, Inc. (September 10, ]996)
California Multimodal, Inc., Faivre Street Six Month Wetland Monitoring Report
prepared by Mercke] and Associates, Inc. (January ]5, ]997)
List of Chemical Dust Suppressants and Vendors
1. Eco-Po]ymer
2. Ecology Control M Binder
3. Fiberwood
4. Fibercraft
5. DC 300
6. Pineseal
7. Road Oy]
8, Magnesium Chloride
9. Excel-Fibermulch II
10, Dust Off
ATTACHMENT 1
Dust Control Aeents
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CliY OF CHULA VISTA
I I I I
CliY OF SAN DIEGO
....
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PROJECT
LOCATION
WHITElANDS
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR
C9
NORTH
z.~~. Fenton Material/California
. Multimodal, Inc.
PROJECT ~Faivre St.
AOORfSS, j."~1
PROJECT DtSCRlI'TION,
SPECIAL USE PERMIT
Request: To continue using parcel for truck
and troiler storage. See previous CUP PCC-90-02.
I ALE NUMBEIC
5UP5-96-06
SCALf,
No Scale
-
i~: ;'':1~T',~',~~ ,:::.~. '1.I~1.;: ,,::::;< rlos \ io:::::b ~s\; u:)96:)6,:d r 512S/c;.' 7
_._._-_..._---~----_.__._--_._---
THE CITY OF CHULA VISTA DISCLOSURE STATEME~I
S!:nCI1IL"IH of disclosure or certain oWIJL'rship iiJIcrc,Sts. pu)'mcnls. or campaign contrihutions, on all mUliers wl1lch
will require discretionary action on the pan of the City Council, Planning COmnUssion, and all other official bodies.
The following information must be disclosed:
1. Lis! the names of all persons have a financial interest in the contract, Le" contractor. subcontractor,
material supplier.
Henry Hunte
Letitia Swortwood
Emily Hunte Black
2. If any person identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest in
the partnership.
3. If any person identified pursuant to (I) above is non-profit organization or a trust. list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustee of the trust.
4. Have you had more than S250 wonh of business transacted with any member of the City staff, Boards,
Commissions, Committees and Council within the past twelve months?
no
5, Please identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned [0 represent you before the City in this matter.
ADen Jones
Linda Kaufman
6. Have you and/or your officers or agents. in the aggregate, contributed more than SI,OOO to a Council
member in the current or preceding election period? Yes [ ] No [ ] If yes, state which Council
member(s): '
Person is dermcd as: . Any individual, firm. co-partnership, joint venture, association. social c1ub. fraternal organization, corponl.tion. estJ.tc:,
trust, J'tceiver, syndicatt, this and any other county, city and county. city. municipality. district or other political subdivision, or any other group
or combination acting as a unit. .
(NOTE: Anacb additional pages as necessary)
Dale:
r++ S-
Signature of contract rl
A\\e...... M. .Jo,,-~s.
Print or type name of contractor/applicant
WPC:F:\lIOME\PlANNING\STORED\1021.A.91ReL 1020.93) (Ref. Ion.!}))
Page ]1
AI'PLICA TlON CAN'NOT DF' CCEPTED UNLESS SITE
PLAN ]S FOLDED TO FIT " .0 AN 8-1/2 X I I FOLDER
City of Chula Vista
App]ication Fonn
T- 9~ . oed
For Orflce Use Only
Case No. ]S- qr, -6'8
DpSL AmnL /, no6 '
Receipt No. .
Date Rcc'd. ~
Accepted by ~
Project No. FA- t~8(,
Dpst. No. DQ- ;;lfD
CIP No. ?C~ ~ -vI
Related Case No.
fee- qfl-ol
INITIAL STUDY
A. BACKGROUND
I. Project Title CMI Trailer Storage
2. Project Location (Street address or description)
side of street.
West end of Faivre Street, south
Assessors Book, Page & Parcel No. 622-190-15
3. Brief Project Description Truck and traile'r storage (continuation of the
existing use)
4. Name of Applicant HoG. Fenton Material COIlJDanv
Address 'P.O. Box 64 Fax# 549-,589 Phone
City San- Diego State CA
5. Name of Preparer/Agent Allen M. Jones
Address same Fax#
City State
Re]ation to Applicant Planning and Land Manager
6. Indicate all pennits or approvals and enclosures or documen required by the Environmental
Review Coordinator.
a. Pennits or approvals required.
General Plan Amendment
RezoneJPrezone
_ Grading Pennit
_ Tentative Parcel Map
Site Plan & Arch. Review
_ Special Use Permit
_ Design Review Application
_ TentJitive Subd. Map
_ Redevelopment Agency OPA
_ Redevelopment Agency DDA
_ Public Project
Annexation
_ Specific Plan
L Conditional Use Pennit
Variance
_ CoastJll Development
Oilier Pennit
If project is a General Plan Amendment and/or rezone, please indicate the change in designation from
to
b.
Enclosures or documents (as required by the Environmental Review Coordinator).
Arch. Elevations _ Hydrological Study
= Landscape Plans _ Biological Study
_ TentJitive Subd. Map _ Archaeological Study
_ Improvement Plans Noise Assessment
_ Soils Report = Oilier Agency Permit
_ Geotechnical Report Oilier
_ Grading Plan
_ Parcel Map
Precise Plan
= Specific Plan
_ Traffic Impact Report
Hazardous Waste Assessment
WI'C:F:\JIOML\PLANNtNG\STORED\I021.^.93 (Reo!. 1020.9J) (Rd. 1022.93)
Page I
7. Indicate other applic ms for permits or approvals that are..s ; submitted at this time.
a. Permits or approvals required.
General Plan Amendment
Rezone/Prezone
_ Grading Permit
_ Tentative Parcel Map
Site Plan & Arch. Rcview
_ Special Use Permit
_ Design Review Application
_ Tentative Subd. Map
_ Redevelopment Agency OPA
_ Redevelopment Agency DDA
_ Public Project
Armexation
_ Specific Plan
Conditional Use Pem1it
Variance
_ Coastal Development
Other Permit
B. PROPOSED PROJECT
I.
a.
Land Area: square footage 132,138 or acreage 3.0
If land area to be dedicated. state acreage and purpose.
b. Does the project involve the construction of new buildings, or will existing structure be
utilized? no construction of new buildings is proposed
2. Complete this section if project is residential or mixed use.
a. Type of development:_ Single Family _'Two Family _ Multi Family
Townhouse Condominiwn
b. Total number of structures
c. Maximum height of structures
d. Number of Units: 1 bedroom
2 bedroom
3 bedroom
4 bedroom
Total Units
J:.. Gross density (DU/total acres)
f. Net density (DU/total acres minus any dedication)
g. Estimated project population
h. Estimated sale or rental price range
1. Square footage of structure
J. Percent of lot coverage by buildings or structures
k. Number of on-site parking spaces to be provided '
I. Percent of site in road and paved surface
3. Complete this section if project is commercial or industria] or mixed use.
a. Type(s) of land use truck and trailer storage
b. Floor area n (a Height of structures(s) n (a
c. Type of construction used in the structure n ("
WPC:E\lIOMh\J'LANNlNG\STOR.ED\IO!I-A.QJ (Ref. 1020.93) (Rd. 1022.93)
Page 2
d, Describe IT: ,access points to the structurcs andJhienwlion to adjoining propcl1ies
and strec The site is accessed only fro. ~he adjacent lot to the west,
which is 'used by California Multi-Modal (CMI). *
e.
Number of on-site parking spaces provided 228
Estimated number of employees per shift n/ a
Number of shifts n/ a Total n/ a
Estimated number of customers (per day) and basis of estimate
n/a
f.
g.
1.
Estimated number of deliveries per day n/ a
Estimated range of service area and basis of estimate
n/a
h.
J. Type/extent of operations not in enclosed buildings all OI tbe storage will be
outside of buildings.
k. Hours of operation 6:00 a.m.- 10:00 p.m.
L Type of exterior lighting existing pole-mounted lighting; no new lights will
be added.
4. If project is other than residential, commercia] or industria] complete this section.
a. Type of project n/ q
b. Type of facilities provided
c. . Square feet of enclosed structures
d. Height of structure(s) - maximum
-e. Ultimate occupancy load of project
f. Number of on-site parking spaces to be,provided
g. Square feet of road and paved surfaces
h. Additional project characteristics
* CMI' s" offices and facilities are on the westerly (adjacent) lot on
of Fa~vre St. cul-de-sac. CMI stores some trucks & trailers on their site and some
C. PROJECT CHARACTERISTICS site for which this 'application is made.
the south si
on the Fente
J. Will the project be required to obtain a permit through the Air Pollution Control District (APCD)?
no
WPC:F:\liOME\PLANNING\STORErN021.A.9J (Rl:f. 1020.9)) CRtf. 1022.93)
Pago 3
~,~.__._-----,--'--
2. Is any Iype of gr:1Ii. ,or excavation of the propeny antic;"'~ no
If yes. compJete ..Ie following:
a. ExcJudiDg trenches 10 be backfilled, how many cubic yards of eanh will be excavated?
b. How many cubic yards of fill will be placed?
c. How much area (sq. ft. or acres) will be graded?
d. What will be the: Maximum depth of cut
A verage depth of cut
Maximum depth of fill
A verage depth of fill
3. . Describe all energy consuming devices which are part of the proposed project and the type of
energy used (air conditioning. electrical appliance, heating equipment, etc.)
nff).
4. Indicate the amount of natural open space that is part of the project (sq. ft. or acres)
4.36 aeres
5. If the project will result in any employment opportunities describe the nature and type of these
jobs. Approvf).l of a new CUP to continue f).n existing use will not create any
new employment opportunities.
6. '.wm high]y flammable or potentially explosive materials or substances be used or stored within
the project site? no
7. How many estimated automobile trips, per day, will be generated by the project?
30 - 40 trips per day
8. Describe (if any) off-site improvements necessary to implement the project. and their points of
access or cOJU1ection to the project site. Improvements include but not limited to the following:
new streets; street widening; extension of gas. eIectric. and sewer lines; cut and fill slopes; and
pedestrian and bicycle facilities. none
WI'C':F:\lIOMt\PL6.NNING\.'ITORED\J021.A.Q) (kef. 1020.9)) (Ref, 1022.93)
Pac. 4
--_._---~
D. DESCRIPTJO~ OF EN\U',_,!':MENTAL SETTING
J, GeoJocv
Has a geology study been conducted on the propeI1y? no
(If yes. please attach)
Has a soils repoI1 on the project site been made? no
(If yes. please attach)
2. HvdroJocv
Are any of the foUowing features present on or adjacent to the site? ves
(If yes, explain in detaiL)
a. Is there any surface evidence of a shallow ground water table? the southern portion
of the property is influenced by water flows in the Otav River.
b.
Are there any watercourses or drainage improvements on or adjacent to the site?
Yes - the Otay River lies to the south.
Does runoff from the project site drain directly in to or toward a domestic water supply.
lake, reservoir or bay? no
Could drainage from the site cause erosion or siltation to adjacent areas?
no
c.
d.
e.
Describe all drainage facilities to be provided and their location.
none
3. Noise
.
'a. Are there any noise sources in the project vicinity which may impact the project site?
no
b. Will noise from the project impact any sensitive receptors (hospitals. schools, sing]e-
family residences)? no
4. Biolol!v
a. Does the site involve any Coastal Sage Scrub vegetation? no
b. Is the project site in a natural or partiaUy natura] state? no
C. If yes, has a biological survey been conducted on the propeI1y?
Yes No X (Please attach a copy.)
d. Describe aU trees and vegetation on the site. Indicate location, height, diameter, and
species of trees, and which (if any) will be removed by the project. no vefetat; nn
is proposed to be removed.
WPC:f:\JIOMJN'lANNINCi\.ITORI?lhI021.A,QJ (kef. I020.Q)) (Ref. 1022.93)
Page 5
5.
Past Lise of the L.\~
~
a. Are there any known historic:d or arl'heo!ogical resources located on or near the project
site'! no
b.
Are there any known paleontological resources?
no
c. Have there been any hazardous materials disposed of or stored on or near the project site?
no
d. What was the land previously used' for? truck and trailer storage
6. Current Land Use
a. Describe aI] structures and land uses currently existing on the project site.
truck and trailer storage
b. Describe all structures and land uses currently existing on adjacent property.
Nonn Smitty's Tow Yard and Storage Lockers
South Otav Rjver and HoG. Fenton Materjal Concrete Hatch Plant
East JC Towing
West r.,qlifnrniA M111r;-Mn('t~1 t"T"11f"'k-i"E f"~,..;l;ty
7. Social
a. Are there any residents on site? no If so, how many?
: b. Are there any current employment opportunities on site? yes
If so, how many and what type? 31 employees currently work on the site
8. Please provide any other infonnation which may assist in the evaluation of the proposed project.
WPC;F;\lIOM.E\l'LANNING\STURfJ)\J021.A.II) (Rd. 1020.1))) (Ref. 1022.93)
Page 6
E. CERTJFICA TION
1. as owner/owner in escrow*
Print name
or
J. consu]tant or agent*
Alt"", M. ::fo...es
Print name
,,---
HEREBY AFFIRM, that to the best of my belief, the statements and information herein contained are in all
respects uue and correct and that aU known information concerning the project and its setting has been
included in this application for an Initial Study of possible environmental impact and any enclosures for
attachments thereto.
.
.
Owner/Owner in Escrow Signature
or
lo~/'1)
Date
*If acting for a corporation. include capacity and company name.
WI'C:F:\lIOME\PLANNING\STORID\J021-A.93 (Reo!. 1020.93) (Ref. 1022.93)
__....._,_._..._..._______...___.._.______.______~_"._0-
Page 7
~
Ij~ITlAL STUDY PROCESSING AGJ<EEMENT
N3me of Applic3IIt: HoG. Fenton Material Company
Addres", P.O. Box 64
City: San Diego
N3me of AUlhorized Represen~live (if sign3IDr)'):
Address:
City
Agreement D3te:
Deposit Amount:
Stale CA
Allen M. Jones
Phone 566-2000
Zip 92112
State
Phone
Zip
$1,000.00
This Agreement (" Agreement") between the City of Chub Vista. a ch=red municip:u corporation ("Cily")
3Ild the forenamed applicant for 3II Initi:JJ Study (" Applic3IIt"). effective as of the Agreement Date sel fonh above.
is made with reference 10 the following f:Jels:
Whereas, the Applicant h:1s applied to the City for an Initial Study of the type aforerefereneed ("Initi31
Study") which the City h:lS required to be obtained as a condition to permitting the Applic3IIt to develop a p:1I'cel
of property; and,
Whereas, the City will incur expenses in order to process said Initi:JJ Study through the various depanments
and before the various boards and commissions of the City ("Processing Services"); 3Ild,
Whereas. the purpose of this agreement is to reimburse the City for all expenses it will incur in connection
with providing the Processing Services;
Now, therefore, the panies do hereby agree, in exch3IIge for the mUlual promises herein contained. as
follows:
1. Applicant's Duty to Pay.
The Applicant shall pay all of the City's expenses incurred in providing Processing Service related to
applicant's InitiaJ Study, including all of the City's direct and overhead cOSIs related thereto. This duty of
: the Applicant shall be referred to herein as the "Applicant's Duty to Pay."
A. Applicant's Deposit Duty
As pani:JJ pcrfOnTI3Ilce of the Applicanl's Duty to Pay, the Applicanl shall deposit the amount
aforereferenced ("Deposit").
1. The City shall charge its lawful expenses incurred. in providing Processing Services
against the Applic3IIt's Deposit If, afrer the conclusion of processing the Applicant's
InitiaJ Sludy, any portion of the Deposit remains, the City shall return said balance to the
Applicant without interest thcreon. If, during the processing of the Applicant's Initial
Sludy, the amount of the Deposit becomes exhausted. or is imminently likely to become
exhausted in the opinion of the City, upon notice of same by the Cily, the Applicant shall
forthwith provide such additionaJ deposit :IS the City shall calculate :IS reasonably
necessary to continue to provide Processing Services. The duty of the Applic3IIt to
inilially deposit and to supplement said deposit :IS herein required shall be known :IS the
"Applic3IIt's Deposit DUly".
II. City's Duly
The City shall, upon the condition that the Applic3IIt is not in breach of the Applicant's Duty to Payor the
Applicant's Deposit Duty. use good faith 10 provide processing services in relalion 10 the Applicant's Initial
Study application,
WI'C;F:'lJIOMb\PLANNING\STOKI~02J.^.QJ (Rd. 1020.93) (Rd. 1022.93)
Page 8
~,,"_.----
r--
A. Thc Cily s.....! h:ll'e 00 li:lhilily hereuoder 10 Ihc Applicanl Il" Ihc failurc 10 proccss Ihc Applicanl's
Jnitial Sluuy ~lrpliC.:lIion. or for r:.iilurc to process [he Applicant's Inili~" Study wil/lin the timc
fr:unc rcqucstcd oy the ApplicJnl or cstimJlcd hy the City.
B. By exceulion of this Jgreement. the ApplicJnt shall hJve no right to direct or otherwise ionuence
the conduct of the Initial Study for which the applicant has Jpplied. The Cily shall use ils
discrelion in evaluJting the Applicanl's Initial Study application without regard to the Applicaoi's
promise to pay for the Processing Services. or the execution of the Agreement.
III. Remedies
A. Suspension of Processing
In addition to all other rights and remedies which the City shall otherwise have at law or equity.
the City has the right to suspend and/or withhold the processing of the Initial Study which is the
subject matter of this Agreement. as well as the Inilial Study which may be the subject matter of
any other Pennit which Applicant has before the City.
B. Civil Collection
In addition to all other rights and remedies wruch the City shall otherwise have all law or equity,
the City has the right to collect all sums which are or may become due hereunder by civil action.
and upon instituting litigation to collect S.1me, the prevailing party shall be entitled to reasonable
attorney's fees had costs.
, IV. Miscellaneous
A. Notices
All nolices. demands or requests provided for or pennitted to be given pursuant to this Agreement
must be in writing. All notices. demands and requests to be sent to any party shall be deemed to
have been properly given or served if personally scrved or deposited in the United States mail.
addressed \0 such party, postage prepaid, registered or certified. with return receipt requesled. at
the addresses idenlified adjacent to the signatures of the parties represented.
B. Goveming LawNenue
This Agreement shall be governed by and construed in accordance with the Laws of the State of
California. Any action arising under or relating to this Agreement shall be brought only in the
'federal or state courts located in San Diego County, State of California. and if applicable. the City
of Chula Vista. or as close thereto as possible. Venue for this agreement, and performance
hereunder, shall be the City of Chula Vista.
C. Multiple Signatories
If there are multiple signatories to this agreement on behalf of Applicant. each of such signatories
shall be jointly and severally liahle for the performance of Applicant's duties herein set forth.
D. Signatory Authority
The signatory to this agreement hereby wan-Jnts and represents that it is the duly designated agent
for the Applicant and has been duly authorized by the Applicant to execute this Agreement on
behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and
Applicant's Duty to Deposit in the event it has not been authorized to cxecute this Agreement by
Ihe Applicant.
Wl'C':':;\JIOMJ.;'\J"LANNING\STORf.D\I021-A.q) (Rtf. 1020.9J) (Rd. 1022.93)
Page 9
-. ~~-.._~._~-_..._--
r-
E, Hold H:Jfm,css
Applicant shall. dcfcnd. indcmnify and hold harmlcss the City. its clwcd and appointcd officcrs
and employces. from and against all claims for damage,;. tiahility. Cosl and expense (including
without limiwlion :.illomcys' fees) arising pul of processing Applicant's Inili;!1 Sluuy. except only
for those claims arising from the sole negligence or sole willfut conduct of the City. incurred b)'
the City, its officers. agents. or employees in defending against such claims. whether the same
proceed to judgement or not. Further. the Applicant. at its own expense. shall. upon ",rillen
request by the City. defend any such suit or action brought against the City. its officers. agents.
or employees. Applieant's indemnifcation of the City shaJl be limited by any prior or subsequent
declaration by the Applicant.
F. Administrative Claims Requirements and Procedures.
No suit or arbitration shaJl be brought arising out of this agreement. against the City unless a claim
has fIrst been presented in writing and Iiled with the City of Chula Vista and acted upon by the
City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code. as SJ/11e may from time, to time be amended. the provisions of which are
incorporated by the reference as if fully set forth herein. and such policies and procedures used by
the City in the implementation of same. Upon request by the City, the Applicant shall meet and
confer in good faith with the City for the purpose of resolving any dispute over the tenns of this
Agreement.
Now. therefore. the parties hereto. having read and understood the teons and conditions of this agreement.
do hereby express their consent to the teons hereof by setting their hand hereto on the date set forth adjacent thereto.
City
City of Chula Vista
276 Fourth Avenue
Chula Vista. CA 91910 .
" ,j)?~ #,JJ
Dated: , / t) I/J / q.,;;;-
Applicant (or authorized representative)
By:
By:
Dated:
lor f)
WPC':F:\lIOME\J1lANNtNG\.qORfJ.1\I021.A,9J (kef. 1020.9)) (R,f, ]022.9.1)
Page 10
DATE:
~
,
6wl1'
FftdM :
-10 :
e --:;, 00 - 'f U - 1...) b.J,X
r-
ROUTING FORM
October 30. lQ95
Ken Larson, Building & Housing
-" John Lippitt, Engineering (EIR only)
cliff SWanson, Engineering (EIR only)
, H~~1:"',,,~,2-D~.~~e.!tgy, ~!1igi!J~~;ing," (EII( pnly)"
"Rogeri' aous ,.:Eng rfeer.uig(IS/3~ EIR/2)
Anne Moore, Asst city Attorney (Draft Neg Dec .. EIR)
Carol Gove, Fire Department
Marty Schmidt, Parks .. Recreation
Crime Prevention, Police Department (M,J, Diosdado)
cOJ1J1llunity Development, Redev, Economic Dev. only
CUrrent Planning
Duane Bazzel, Advance Planning
BO,p Sennett, city Landscape Architect
Bob Leiter, Planning Director
Chula Vista Elementary School District, Kate Sburson
Sweetwater Union H.S. District, Tom Silva (IS.. EIR)
Maureen Roeber, Library (Final EIR)
LAFCO (IS/Draft EIR - If annexation is involved)
Martin Miller, Project Tracking Log (route form only)
Doug Reid (CoJ1J1llunity Development Projects)
other
Barbara Reid
Environmental section
SUBJECT: Application for Initial Study (IS- 96-08/FA- 686/DQ 240 )
Cneckprint Draft EIR (20 days) (EIR-_/FB-_/DQ )
Review of a Draft EIR (EIR- _/FB- _/DP )
Review of Environmental Review Record (FC-_,ERR-____)
Review of Draft Neg Dec (1S- /FA- /DQ- )
The Project consists of:
Truck and trailer storage (continuation of the existing use).
Location:
,
2400 Faivre Street
Please review the document and forward to me any c01lJJl1ents you have
by November 13.1995
COJ1J1llents:
,..- .~
Case No.fs- 'l6'Dr)
I~TERDEPARTMENTAL COMMEJl.T SHEETS
ENGIJI.'EERING DIVISION
1. Draina!!e
A. Is the project site within a flood plain? l"<s
If so, state which FEMA Hoodway Frequency Boundary. -::r-r;s Lvc/ifJ :'1/
-fh-<- /00- Y<AJ\: F/i)oc! /.3 0'" ",/AI? r:
B. What is the location and description of existing on-site drainage facilities? 5!.o,d'AC-L
cI"'A;NI\~ (laws 0";/7' 77.<",- is AID -e,><iS/;Io/'f S70~/"1 01"'14;>,/
S" 57i,...,.
C. Are they adequate to serve the project? N D
If not, please explain briefly. 5< Vi R-<- dICA;",A r- J:/tz-06ll M!: dw... fa f/,-<.-
'1?NCPoM!lI"<.J1' 0.[: 1/,<... wCnA',,,j~ AN,;! f-hfi,U~~/;'.lkV~ICA."'IJ,c.- Sw.t/<..-
-f/,..-r C HANNl/-<J ,((NoI- orf l-vl!j ::,_' '.' (',<.<>,.., A Lv"" PD.'...rI,;-r .:i3137 F-1;vl?< ,
D. What is the location and description of existing off-site drainage facilities? 7J-<-
t:/1/2771</J dtZA;wA?- SwNc. 1,/15 J,.....,v F';/i;J;",. -r),-<- wl'l7<-"!. ('/;:>",).;
fin.. 5'-'b;'(("- /IN./ /I)'/lu",rr 'p/'.,i),t)-lx:'7i<5.
E. Are they adequate to serve the project? N D
Ifnot,pleaseexp]ainbriefly. W,7h;:>;d AR''iv~ cI~A;;.IAF<-- /M,oJ<OVO'.,,"...r.:s
0,"; 0I3B7.1",d :;!'IOD F,Aivl.?-<.. S7?:-<<7"' fh<.- SvnF'Ac-c... p'--P-()(.f:
W II C-<>,J/;/V~ 10 CAtAS-c.... F'/DDJ.of'/j 'p/l-otY<I'AS) ~5p<c,:nIJ./ /f"7 -IJ-c.-
Cvl- dl- S;1 Co 'SCC77DN of' F /I ;V/1-<.... S7/?Co(r.'
n. TransPonarion
A. What roads provide primary access to the project? FA IV/(-(, 57/(-<-(r /3,,/)
!3ICDt1dw!1Y:
B. What is the estimated number of one-way auto nips to be gcmerated by the project (per day)?
YvcK 1<t1"";iV/J/ (SnRf'Jp-) So f.l':ps / Ac.l'-c.;x 3 Ac If-fS ~
'd'/'D f..e:p!: -ChI'.. clAY.
C. What are"th6A'verage Daily Traffic (A.D.T.) volumes on the,primary access roads before and
after project completion?
Stteet Name Before After
FA;vr:-<.. 5/R-u.; ~~')lD ~ RAo
!3~A ';/1./117' 131<;' v /3'36 C>
Do any of these volumes exceed the City's Leve]-of-Service (L.O.S.) "C" design ADT
volume? If yes, please specify. /1/ D
WPC:r.'HO~CJ\STOREt)\lD22.93 (Rd. 1021.93) (Rd. ID~.93)
Page 2
.~--._-~-_.
~
Case No. :7'S - 96' 08
If the A.D.T. or 1.O.S. "C" design volume is unknown or not applicable. exp]am briefly.
N/A
. ::>. Axe the primary access roads adequate to serve the project? .N D
If not, please explain briefly. FA; V!(-L. 57/(.H' ~ 8'/l....vA./wA '('
f<'}U:R'1-<; w.cf,""''''J- of' l(oA.!wl17' ~ fD LAtr!f<- Iv"".."",?
R Ac/;(/s 1/(( 1/: /< '; ,
E. Would the project create unacceptable Leve]s of Service (LOS) at intersections adjacent to
or in the vicinity of the project site? N D
If so, identify: Location N 1,4-
Cumulative L.O.S. ,Iv I A
F. Is the proposed project a "large project" under the Congestion Management Program? (An
equivalent of 2400 or more average daily vehicle trips or 200 or mo~ peak-hour vehicle
trips). If yes, a Traffic Impact Analysis (TIA) will be required. In this case the TlA will
have to demonstrate that the project will not c~ate an unmitigatab]e adverse impact, or that
all ~]ated traffic impacts are not mitigated to a level of non-significance.
Yes )( No
The following questions apply if a Traffic Impact Analysis is not required.
G. Is traffic mitigation required to reduce traffic impacts that will result from implementation of
the proposed project? '. Yes X No
If yes, please describe. /V /A
H. Is the project cO!1~istent with the criteria established in the City's Transponation Phasing Plan,
General Plan Traffic Element, and all other pertinent traffic studies? Please reference any
other traffic impact studies for roadway segments that may be impacted by the proposed
project ~ 5
1.
J.
Is a traffic study required?
Is there any dedication required? /!/ D
If so, please specify. ' /v /.A-
Yes X No
~ - 12 = J It'
WPC,F,\IIOMN1.ANNING\S'I'OREI>.1022.93 (Rd. 1021.93) (Rd. 1020.93)
Page 3
-...-------
,,-
Case No. ::LS-96'Or,
....-~K.
Is there any street widening required?
If so, please specify. p;:.v v cL.- ~ 6'
'7"<5
f'~",
't:
-fi) tACt.
of 0..--/ h
?
, L.
J....--
Are there any other street improvements required? ,...., 5
If so, please specify the general nature of the necessary improvements.
Cvf.6, 'i",11<tt.. I S:cf'wA/k "^,d A dJt.,J,;;o./Af:-<.-- 5"'57<""" A.L<...-
N< <-~5Sl1l2y it-PI'-v'o/CM<Af'1S.
M. Will the project and related public improvements provide satisfactory traffic service for
existing conditions and future buildout General Plan conditions? (Please provide a ~rief
explanation). 7"< ~ .
ill. Soils
A. Are there any anticipated adverse geotechnical conditions on the project site? 1..,,4 N~"""/
B. If yes, specify these conditions. A/ / A
C. Is a Soils Report necessary? NO. SNCL.. AID 'jP.A,J,,,p j S pl'-"po:s",-,I
IV. Land Form
1t:/JAI
A. What is the average -HaaH'aI slope of the site? / / 0
B. What is the maximum aaItifa1 slope of the site? :;J.S /' c
! fl. ttob.d
V. Noise
Are there any traffic-related noise levels impacting the site that are significant enough to justify that
a noise analysis be required of the applicant? /V D
VI. Waste Generation
How much solid and liquid (sewer) waste will be generated by the proposed project per day?
Solid N/A -rJ.<- /?.(,1JJ~(-,:r '-'/'// ON/?" h<- A CiJ","7iN<-A'77v^" cd' It- ip-",J:. ft",d 7ii-A /U(
Liquid /o'//>. 50!: "F<. 7J,U.A..- WI I b... NZO GUJ</S'RH77',,"/ ,;(' N~ w h",,'/,/.~s,
What is the location and size of existing sewer lines on or downstream from the site?
C)f'! /13" /Z'pM/' s~ w~ L;"'f!.. iN FAIvRe... ~04/ W/f.'cll ,F/i/o>O/s k)(S/wA"j
ANd D(/rf/JI/S /'111-0 A Sc w,/.: L,,y-<- ;/V )-/o//;,/(-<:. .R;;A/
Are they adequate to serve the proposed project? (If no, please explain)
tr'-cS
WPC,p;~C1\51'ORnN022.93 (Rd. 1021.93) (ReI. 1021>.93)
Page 4
.>--_.,-------
r-
Case No. :rs- 9t-O{)
Vll. National PoJJutant Discharge Elimination Svstem (NPDES) Stormwater Requirements
Will the applicant be required to flie a Notice of Intent with the State Water Resources Control Board
, for coverage under an NPDES Stormwater Permit? '7'<S
. IT yes, specify which NPDES pennit(s) and explain why an NPDES permit is ~uired. "'/II /1/PDES
, C< Nt/.!.ltl ,ou!.Hir fOr.. S71>JeM w/rlrlf. c/.sc#lt~r< ~ /I ss oc :I,..r-<d w;Tf, ;,.,./" st;, ItL
CcL71v.-1;'- b.U\i-.<;<... f),,, pMPo5J i-<<;<.- ';5 0- -Ir.vC.K:"'r (l1c:;.7".
Will a Storm Water Pollution Prevention Plan (SWPPP) be required for the proposed project?
')( Yes No
Additional comments "7J,<.- /Nj",;It-c.H< IIf7" f 0 067/1."" /1", NP.ofs p-<",,.../;;-
/1/Y,/ ;""'p/"',..."N'/ /\;v SwPPP ;s /llso App/:cAb/<.- 10 ih<... hA;,v
CM.z: f/jC:(.;y. LD(;'r1""d fO f/'" w<s-r /Y/ ::>387 F/1;vl(-<.. S/I?<<r.-
vm Remarks
Please identify and discuss any remaining potential adverse impacts, mitigation measures, or other
issues.I)7.;;<... ENf;/Y.u~./V'f 0;//,,5;,)1'/ W.I/ R~'1U;It<_ .19 h,:IV;~u"" ().{' A
/5' d,-eA./VIJ?- e-15'<'M-<..,-;r- It/oNf f/.-<-. eA>7<~/y P/U>,O<J('/Y' L;~.
1.-:') \i;:, ~~ f""b!-c.- ""* ~ ~~ c...c-..u- ~ -r\.-...-
f~ ~ ~- - C<:.(cde.J 1;.,. f~ -f'~~
1',....\.1.... f:"~vr~ S'+I'<'D't- r~\_cl...-_Sc....L.
1/ /1& /J:s-
Date
WPC:F:~CJ\\'1'!)f(EIND22.93 (Rd. 1021.93) (Rd. ID)!).93)
PageS
-----~---
r-
ROUTING FORM
RECEIVED
DkI'E: October 30, 1995
OCT 3 1 -1995
'1'0:
FROM:
CITY 0, <-I, ~
BUILDING & HOU~jli" .It-PI.
'"?:"::,';';i:"':.~:'':'!';':::'':.:'~~~~''_::'.'-'l-'''_~~'"'._'.' _ _ .,__ ,
d KerJ'Larsoii;'Briliding <<Housing:'
John Lippitt, Engineering (EIR only)
cliff SWanson, Engineering (EIR only)
Hal Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (IS/3, EIR/2)
Anne Moore, Asst City Attorney (Draft Neg Dec & EIR)
Carol Gove, Fire Department
Marty Schmidt, Parks << Recreation
Crime Prevention, Police Department (M,J, Diosdado)
Community Development, Redev. Economic Dev, only
CUrrent Planning
Duane Bazzel, Advance Planning
Bop Sennett, city Landscape Architect
Bob Leiter, Planning Director
Chula vista Elementary School District, Kate Shurson
Sweetwater Union H.S. District, Tom Silva (IS << EIR)
Maureen Roeber, Library (Final EIR)
LAFCO (IS/Draft EIR - If annexation is involved)
Martin Miller, Project Tracking Log (route form only)
Doug Reid (Community Development Projects)
Other
Barbara Reid
Environmental Section
SUBJECT: Application for Initial study (IS- 96-08/FA-_M2.../DQ 240 )
checkprint Draft EIR (20 days) (EIR-_/FB-_/DQ )
Review of a Draft EIR (EIR-_/FB-_/DP)
Review of Environmental Review Record (FC- _ERR-_)
Review of Draft Neg Dee (IS- /FA- /D()- )
The Project consists of:
Truck and trailer storage (continuation of the existing use).
Location:
2400 Faivre Street
Please review the document and forward to me any comments you have
by November 13.1995
Comments:
~y~\C~
AI( lto0.f N04j ;,"~,~?
1171.( #1.Vj C'>'- f24~'..J ~ I-.-.:., ?
~~w
~-
flOUTING FORM
DATE: October 30, 1995
~
~
1P"
Y
Ken Larson, Building << Housing
John Lippitt, Engineering (EIR only)
Cliff SWanson, Engineering (EIR only)
Hal Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (IS/3, EIR/2)
Anne Moore, Asst city Attorney (Draft Neg Dec & EIR)
Carol Cove, Fire Department
Marty Sc:hmidt, Parks & Rec:reation
Crime Prevention, Polic:e Department (M.J, Diosdado)
Community Development, Redev. Economic: Dev. only
CUrrent Planning
Duane Bazzel, Advanc:e Planning :f '~
. ~._. B~m1cLL, c11:.J Lc"JJ'1.\..li.l>";' ltrflh.i....~,..r ~Cl': ~ (/J~J A. --
Bob Leiter, Planning Direc:tor ~n~
Chula Vista Elementary Sc:hool District, Kate S urson
SWeetwater Union H.S. District, Tom Silva (IS & EIR)
Maureen Roeber, Library (Final EIR)
LAFCO (IS/Draft EIR - If annexation is involved)
Martin Miller, Project Trac:king Log (route form only)
Doug Reid (community Development Projects)
other
Sa rba ra Rei d
Environmental Section
SUBJECT: Applic:ation for Initial Study (IS- 96-08/FA-~/DQ 240 )
Checkprint Draft EI,R (20 days) (EIR-_/FB-_/DQ )
Review of a Draft EIR (EIR- _/FB- _/DP )
Review of Environmental Review Rec:ord (FC-_ERR-_)
Review of Draft Neg Dec: (IS- /FA- /DQ- )
The Project consists of:
Truck and trailer storage (continuation of the existing use).
Loc:a ti on :
2400 Faivre Street
Please review the doc:ument and forward to me any c:omments you have
by November 13. 1995
Comments:
~~1kL4 fA ~-
ro. ~~ at tltW -fiNe-- - c3ur
{((~{q~
------,_._-_.~---_..-
Cas~ No. I. J
,,-
LANDSCAPE PLAt..'NING
A. Does th~ proj~ct affe.ct native plant communities? I~ V\.D1~ .
If so. p]~as~ identify which commW1ities. ~
/
Will the project J'e{{uire native planting? (Pleas~ describe) (t,tJ
../'
/'
B.
Please identify f'ny Fponant or highly visible hillsides on or adjacent to the project.
().c>VU?. V\() ~
~
What landscaping conditions (if any) will be required for th~se hillsides? ~
C.
Of the total area to be d~ve]oped. how much. and which areas are expected !D be ~Ianted
and require suppl~mental wat~ring? (Pleas~ describe). nbn.e. r~UA. V'~A. ,
E. Are th~re any oth~r landscape requirements or mitigation for th~ project'? ~
6.t~
City Landscape Architect or R~prcsentari v~
ilf3Dnf7
, l
Date
wPC:F:~0%2." (U'. 11121.") (U'. 10:10.93)
p.,.a
ROUTING FORM
/.
1'::';'1'
II.,' .?
".',"5
'.....J.
D~;:Obe~~3~~-;-
~~
nr:
~-,-
,.',';;.
Ken Larson, Building & Housing
John Lippitt, Engineering (EIR only)
Cliff SWanson, Engineering (EIR onl J
Hal Rosenberg, Engineering (EIR o1'}.ly)
Roger Daoust, Engineering (IS/3.,/EIR/2)
Anne Moore, Asst city Attorney' (Draft Neg Dec & EIR)
Carol Gove, Fire Depart:Jnent:
Marty Schmidt, Pa~s~&Recreation
. -rrt:iOii; Police Department (M.J, Diosdado)
community Development, Redev. Economic Dev. only
CUrrent Planning
Duane Bazzel, Advance Planning
Bo~ Sennett, city Landscape Architect
Bob Leiter, Planning Director
Chula vista Elementary School District, Kate Shurson
SWeetwater Union H.S. District, Tom Silva (IS & EIR)
Maureen Roeber, Library (Final EIR)
LM'CO (IS/Draft EIR - If annexation is involved)
ti,l Mi.lle$' 0 'ect Tracking Log (route form only)
Doug Reid (Communi velopment Projects}
Other
Sa rba ra Rei d
Environmental' section
SUBJECT: Application for Initial Study (IS- 96-08/FA-~/DQ 240 )
Checkprint Draft EIIJ (20 days) (EIR-_/FB-_/DQ )
Review of a Draft EIR (EIR- _/FB- _/DP )
Review of Environmental Review Record (FC-_ERR-____)
Review of Draft Neg Dec (IS- /FA- /DQ- )
The Project consists of:
Truck and trailer storage (continuation of the existing use).
Location:
2400 Faivre Street
Please review the document and forward to me any comments you have
by November 13.1995
Comments: !ZEVIL-WL/.J <.9V //'-/-?s- yc:ul;:;C,;;- "/9
~-_,'-'
Case No.
,~. .
FIRE DEPARTMEJ'l.T
A. What is the distance to the nearest fin: station? And what is the Fire Department's estimated
rc:action time? 3;?? I (. 6-;7
B. Will, tho- rJre Department be able to provide an adequate level of fire protecrion for the
proposed facility without an inc:rcasc in equipment or peISonnel? Yc3
c.
Remarks
tV ( (( rUDr r /'Y7 P/k-r Ff/Z r:: p;;o r: c9 ~A 1?c-.P
,.
a e tffLD- ~'"
~Mmh~ p
/1- 1"'9)
Date
-.--'
-------------
~~O:!2.93(1ld.lO:l83)(IloI.I0:lO.93)
P.,e 6
ROUTING FORM
DATE: October 30, 1995
TO:
Ken Larson, Building & Housing
John Lippitt, Engineering (EIR only)
Cliff Swanson, Engineering (EIR only)
Hal Rosenberg, Engineering (E1R only)
Roger Daoust, Engineering (1S/3, E1R/2)
Anne Moore, Asst City Attorney (Draft Neg Dec & EIR)
Carol. Gove, Fire Department
Martyr' Schmidt;'. Parks &. Recreation
Crime Prevention, Police Department (M,J. Diosdado)
Community Development, Redev. Economic Dev. only
Current Planning
Duane Bazzel, Advance Planning
Bo.!? Sennett, city Landscape Architect
Bob Leiter, Planning Director
Cbula vista Elementary School District, Kate Shurson
Sweetwater Union B.S. District, Tom Silva (IS & EIR)
Maureen Roeber, Library (Final E1R)
LAFCO (IS/Draft EIR - If annexation is involved)
Martin Miller, Project Tracking Log (route form only)
Doug Reid (Community Development projects)
Other.
..
FROM:
Ba rba ra Rei d
Environmental section
SUBJECT: Application for Initial Study (IS- 96-08/FA- 686 /DQ 240 )
Che-::kprint Draft EI,R (20 days) (EIR-_/FB-_/DQ )
Review of a Draft E1R (E1R- _/FB- _/DP )
Review of Environmental Review Record (FC-_ERR-----1
Review of Draft Neg Dee (1S- /FA- /DQ- )
The project consists of:
Truck and trailer storage (continuation of the existing use).
Location:
2400 Faivre Street
Please review the document and forward to me any comments you have
by November 13.1995
Comments:
t-O~
Casi No.
. .
PARKS .om RECREATION DEPARTMENT
A.
Is project subject to Parks and Recreation ~shold requirements?
If not, please exp1ain. ~"i p.,I.~ I~ LA L-- .
Po
B. How many acres of parkland are necessary to serve the proposed project?
C. Are existing neighborhood and community parks near the project adequate to serve the
popularion increase resulting from this project?
Neighborhood
Community Parks
D. If not, are parkland dedications or other mitigation proposed as part of the project adequate
to serve the population increase?
Neighborhood
Community Parks
E. To meet City requirements. will applicant be required to:
Provide land?
Pay a fee?
F. Remarks:
K=". )~
to .~l ,C1,:;,
Parks and Recreation Director or Representative
Date
WPC:P:~02293 (III.lm!n) (lot I02U3)
Pile 7
//--
/
,-
ROUTING FORM
DATE: October 30, 1995
TO: Ken Larson, Building << Housing
John Lippitt, Engineering (EIR only)
Cliff Swanson, Engineering (EIR only)
Hal Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (IS/3, EIR/2)
Anne Moore, Asst City Attorney (Draft Neg Dec " EIR)
Carol Gove, Fire Department
Marty Schmidt, Parks & Recreation
Crime Prevention, Police Department (M.J. Diosdado)
community Development, Redev. Economic Dev. only
CUrrent Planning
Duane Bazzel, Advance Planning
Bo~ Sennett, city Landscape Architect
Bob Leiter, Planning Director
Chula vista Elementary School District, Kate Shurson
Sweetwater Union H.S. District, Tom Silva (IS" EIR)
Maureen Roeber, Library (Final EIR)
LAFCO (IS/Draft EIR - If annexation is involved)
Martin Miller, Project Tracking Log (route form only)
Doug Reid (community Development Projects)
Other
FROM:
Barbara Reid
Environmental Section
SUBJECT: Application for Initial Study (IS- 96-08/FA- 686/DQ 240 )
checkprint Draft E{R (20 days) (EIR-_/FB-_/DQ )
Review of a Draft EIR (EIR-_/FB-_/DP)
Review of Environmental Review Record (FC-____ERR-____)
Review of Draft Neg Dee (IS- /FA- /DQ- )
The Project consists of:
Truck and trailer storage (continuation of the existing use).
Loca ti on :
2400 Faivre Street
Please review the document and forward to me any comments you have
by November 13.1995
/~~~. ~ .
Comments: -;;rr~"//~4'P /{.:S,s:~~ ~.r7...:;r .I'7'1Ch~'-1r PI?'-~7/>"'//"''''/
1JIf PI..I/n';'1. 7?.e~ ~ Ar 7':U~ .--R.$5' /??t!"aJ bw,r>----~;....
I?t"t"//I.'..s, . /./ - <:: --:J': . /'
~If::$ ..4//";/, p/r~ /' /~-.;~
BOARD OF EDUCATION
JOSEPH D. CUMMINGS,l'tIlJ.
SHARON GILES
PATRICKA.UJD
PAMEl.A B, SMITH
MIKE A SPEYRER
SUPERINTENDENT
USIA S. GIL Ph.D.
CHTJLA T 3TA ELEMENTARY SC..._JOL DISTRICT
84 EAST "J" STREET ' CHULA VISTA, CALIFORNIA 91910 ' 619425-9600
EACH CHILD IS AN INDMDUAL OF GREAT WORTH
November 7, 1995
1"-. __
!~~~~.'~..--..." 1"--
-...- _. -=.! ~' ::. :::
NOV 10 ]oq,
V'_ ....
Ms. Barbara Reid
Environmental Section
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Pi fr."
. :....""i: \, \'; ,:~; ::
RE: IS-96-08/ FA-686/ DQ-240
Project: CMI Trailer Storage
Location: 2400 Faivre Street
Applicant: H. G, Fenton Material Company
Dear Ms. Reid:
Thank you for the opportunity to review and comment on the Initial Study
referenced above.
Since it appears no new construction is involved, no school fees are
required. Should this situation change, school fees for commercial
development would be due. The current fee of $.28/square foot is
distributed as follows: $,13 for Chula Vista Elementary School District, and
$.15 for Sweetwater Union High School District.
If you have any questions, please contact this office.
Sincerely,
.vcC\ "L-- S\/, \.~'ev-
Kate Shurson
Director of Planning & Facilities
KS:dp
cc: Allen M. Jones
wi!\;tJllx:om(ee
,~
-' ,
ROUTING FORM
.J '
.1
1/
DATE: October 30. 1995
TO: Ken Larson, Building & Housing
John Lippitt, Engineering (EIR only)
Cliff Swanson, Engineering (EIR only)
Hal Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (IS/3, EIR/2)
Anne Moore, Asst City Attorney (Draft Neg Dec & EIR)
Carol Gove, Fire Department
Marty Schmidt, Parks & Recreation
crime Prevention, Police Department (M.J. Diosdado)
Community Development, Redev. Economic Dev. only
current Planning
Duane Bazzel, Advance Planning
Bo~ Sennett, city Landscape Architect
Bob Leiter, Planning Director
Chula Vista Elementary School District, Kate Shurson
SWeetwater Union H.S. District, Tom Silva (IS & EIR)
Maureen Roeber, Library (Final EIR)
LAFCO (IS/Draft EIR - If annexation is involved)
Martin Miller, Project Tracking Log (route form only)
Doug Reid (Community Development Projects)
Other
FROM:
Ba rba ra Rei d
Environmental Section
SUBJECT: Application for Initial Study (IS- 96-08/FA-~/.DQ 240 )
Checkprint Draft EIR (20 days) (EIR- _/FB- _/DQ. )
Review of a Draft EIR (EIR-_/FB-_/DP)
Review of Environmental Review Record (FC-____ERR-----J
Review of Draft Neg Dec (IS- /FA- /DQ- )
The Project consists of:
Truck and trailer storage (continuation of the existing use).
Location:, 2400 Faivre Street
Please review the document and forward to me any comments you have'
by November 13,1995
Comments:
C H U L A I S TAP 0 L ICE D E ~ ART MEN T
C RIM E PRE V E N T ION U NIT
PLAN REVIEr" RECOMMENDATIONS
F?I2C~rv~c
J4NO 2 '-"
'~''''c..
~Jli.G -v
DATE:
December 21, 1995
TO:
Barbara Reid, Environmental
M.J. D~dO, SCP;y B. Brookover, CAM, and
captain Witherse1.? ~
R.E. Preuss, CSO~I'
~
Initial Study 96-08, Storage 2400 Faivre Street
VIA:
FROM:
PROJECT:
The Police Department and the Crime Prevention unit will be
able to provide an adequate level of service for this
proposed site.
~ There is no expected increase in personnel or equipment in
order to maintain Police Department services.
~ Please forward additional information regarding this project
to the crime Prevention Unit.
Estimated response time for priority 1 calls to this project:
Grid: 27 2.77% of CFS are P-l with A.R.T. of 5:09
Estimated response time for priority 2 calls to this project:
Grid: 27 32.33% of CFS are P-2 with A.R.T. of 6:32
Comments: From 01/01/95 through 12/01/95 there were 1052 calls
for service within this grid area. 335 of these calls resulted
in crime cases.
Thank you for the opportunity to have input into this project, if
you have any questions, please contact the Crime Prevention unit
at 691-5187.
cc:
CPTED
PD/cpu '1/95
ROUTING FORM
,
DATE: October 30, 1995
TO: Ken Larson, Building & Housing
John Lippitt, Engineering (EIR only)
Cliff Swanson, Engineering (EIR only)
Hal Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (IS/3, EIR/2)
Anne Moore, Asst city Attorney (Draft Neg Dec & EIR)
Carol Gove, Fire Department
Marty Schmidt, Parks & Recreation
Crime Prevention, Police Department (M.J. Diosdado)
Community Development, Redev. Economic Dev. only
CUrrent c Planning, C"t~r+t.~
Duane Bazzel, Advance Planning
Bo~ Sennett, city Landscape Architect
Bob Leiter, Planning Director
Chula vista Elementary School District, Kate Shurson
SWeetwater Union H.S. District, Tom Silva (IS & EIR)
Maureen Roeber, Library (Final EIR)
LAFCO (IS/Draft EIR - If annexation is involved)
Martin Miller, Project Tracking Log (route form only)
Doug Reid (community Development Projects)
other
FROM:
Sa rba ra Rei d
Environmental Section
SUBJECT: Application for Initial Study (IS- 95-08/FA- 585 /DQ 240 )
Checkprint Draft EIR (20 days) (EIR- _/FB- _/DQ )
Review of a Draft EIR (EIR- _/FB- _/DP , )
Review of Environmental Review Record (FC-_ERR-~
Review of Draft Neg Dec (IS- /FA- /DQ- )
The project consists of:
Truck and trailer storage (continuation of the existing use).
Location:
2400 Faivre Street
Please review the document and forward to me any comments you have
by November 13.1995
Comments:
cur ~cO_
__ . I __
~~
---.-----
ROUTING FORM
--~ '--"
DATE: October 30, 1995
NOVO 7 7995
Ken Larson, Building & Housing
John Lippitt, Engineering (EIR only)
Cliff SWanson, Engineering (EIR only)
Hal Rosenberg, Engineering (EIR only)
Roger Daoust, Engineering (IS/3, EIR/2)
Anne Moore, Asst City Attorney (Draft Neg Dec & EIR)
Carol Gove, Fire Department
Marty schmidt, Parks & Recreation
crime Prevention, Police Department (M.J. Diosdado)
Community Development, Redev. Economic Dev. only
,\ CUrrent Planning
(~::1~~'~~9;~~~~~~;"~1~;~~~d~~=i~Chitect '
(Co'- Bob Leiter, Planning Director
0<?' Chula Vista Elementary School District, Kate Shurson
~ SWeetwater Union H.S. District, Tom Silva (IS & EIR)
Maureen Roeber, Library (Final EIR)
\ LAFCO (IS/Draft EIR - If annexation is involved)
Martin Miller, Project Tracking Log (route form only)
Doug Reid (Community Development Projects)
Other
".
!'""L..
. ,';, " ,
'~
TO:
FROM:
Ba rba ra Rei d
Environmental Section
SUBJECT: Application for Initial Study (IS- 96-08/FA- 686 /DQ 240 )
Checkprint Draft EI~ (20 days) (EIR-_/FB-_/DQ )
Review of a Draft EIR (EIR-_/FB-_/DP)
Review of Environmental Review Record (FC-____ERR-____)
Review of Draft Neg Dec (IS- /FA- /DQ- )
The Project consists of:
Truck and trailer storage (continuation of the existing use).
Location:
2400 Faivre Street
<' ..'.:;- .~\
C
Please review the document and forward to me any comments you have
by November 13.1995 , --::. . {-.1 JL.P i-'
;; ~O""-~ '6 .f~"'. 77"-<) 19'& ~ pt'~~~ I) t1!~ /-IS~
Commen ts: j!.. ~ ,7" <J' p~ VI ~o{ C i9>''' 'M JVvf'.v ~ R- C -'16 - :) I 10
/}/).:&L1! 7// ~/
/;;- ;'-17
Case No. IS-96-08
ENVIRONMENTAL CHECKLIST FORM
1. Name of Proponent: H.G, Fenton Company
Allen M. Jones
2. Lead Agency Name and Address: City of Chu]a Vista
276 Fourth Ave.
Chu]a Vista, CA 9]910
3. Address and Phone Number P.O. Box 64
of Proponent: San Diego, CA 92112
4. Name of Proposal: CMI Trailer Storage
5. Date of Checklist: August 4, ]997
Potentially
Potentially Sicnificant Less than
Significant Unless SIgnificant No
Impact Mitigated Impact Impact
I. LAND USE AND PLANNING. Would the
proposal:
a) Conflict with general plan designation or 0 0 0 181
wning?
b) Conflict with applicab]e environmental 0 0 0 181
plans or policies adopted by agencies with
jurisdiction over the project?
c) Affect agricu]tural resources or operations 0 0 0 181
(e.g., impacts to soils or farmlands, or
impacts from incompatible land uses)?
d) Disrupt or divide the physical arrangement 0 0 0 181
of an established community (including a
low-income or minority community)?
Comments: In accordance with Title 19 of the Municipal Code, the project is consistent with
existing General Plan designation of Research and Limited Industrial.
Page No.1
II. POPULATION AND HOUSING. Would the Potentially
Potentially Significant Less than
proposal: Significant Unless Significant No
Impact Mitigated Impact Impact
2 a) Cumulatively exceed official regional or 0 0 0 181
]ocal population projections?
b) Induce substantial growth in an area either 0 0 0 181
directly or indirectly (e.g., through
projects in an undeveloped area or
extension of major infrastructure)?
c) Disp]ace existing housing, especial]y 0 0 0 181
affordable housing?
Comments: Neither population nor demographics would be impacted by the proposed project.
The project would not have any impact on housing stock, or create a demand for additional
housing.
III. GEOPHYSICAL. Would the proposal result Potentially
Potentially Significant Less than
in or expose people to potential impacts Si~ficant Un!... Sipificant No
involving: Impact Mitigated Impact Impact
a) Unstable earth conditions or changes in 0 0 0 181
geologic substructures?
b) Disruptions, displacements, compaction or 0 0 0 181
overcovering of the soil?
c) Change in topography or ground surface 0 0 0 181
relief features?
d) The destruction, covering or modification 0 0 0 181
of any unique geologic or physical
features?
e) Any increase in wind or water erosion of 0 0 0 181
soils, either on or off the site?
t) Changes in deposition or erosion of beach 0 0 0 181
sands, or changes in siltation, deposition or
erosion which may modify the channel of a
river or stream or the bed of the ocean or
any bay inlet or lake?
g) Exposure of people or property to geologic 0 0 0 181
hazards such as earthquakes, landslides,
mud slides, ground failure, or similar
hazards?
Page No.2
Comments: The project will not cause significant geophysical impacts on the site.
IV. WATER. Would the proposal result in: Potentially
PotmtiaDy Sjz:nificant Less than
Siplificant Unless Significant No
Impact Miti&ated Impad Impad
a) Changes in absorption rates, drainage 0 0 0 181
patterns, or the rate and amount of surface
runoff?
b) Exposure of people or property to water 0 0 0 181
related hazards such as flooding or tidal
waves?
c) Discharge into surface waters or other 0 0 0 181
alteration of surface water quality (e.g.,
temperature, dissolved oxygen or
turbidity)?
d) Changes in the amount of surface water in 0 0 0 181
any water body?
e) Changes in currents, or the course of 0 0 0 181
direction of water movements, in either
marine or fresh waters?
t) Change in the quantity of ground waters, 0 0 0 181
either through direct additions or
withdrawals, or through interception of an
aquifer by cuts or excavations?
g) A]tered direction or rate of flow of 0 0 0 181
groundwater?
h) Impacts to groundwater quality? 0 0 0 181
i) Alterations to the course or flow of flood 0 0 0 181
waters?
j) Substantial reduction in the amount of 0 0 0 181
water otherwise available for public water
supplies?
Comments: No Impact.
Page No. 3
a) Violate any air quality standard or
contribute to an existing or projected air
quality violation?
b) Expose sensitive receptors to pollutants?
Potentially
Potentially Significant Less than
Sign!fiC4nt Unless Sipificant No
Impact Miti&ated Impact Impact
0 181 0 0
V. AIR QUALITY. Would the proposal:
o
181
o
o
c) Alter air movement, moisture, or
temperature, or cause any change in
climate, either locally or regionally?
d) Create objectionable odors?
o
o
o
181
o
o
o
181
e) Create a substantial increase in stationary
or non-stationary sources of air emissions
or the deterioration of ambient air quality?
Comments: As a result of the dust being kicked up, a Notice of Violation was issued by
APCD to the Operator on February 19, ]997, under Health and Safety Code 41700 Ru]e 51,
for discharging such quantities of air contaminants, particularly dust, which caused injury,
detriment, nuisance or annoyance to a considerable number of people in the Project's vicinity.
The Operator is required to satisfy the Air Pollution Control District and the Health and Safety
Code under which they have jurisdiction. The Operator notified APCD that they will sweep
the street in order to control dust at the site and will apply Magnesium Chloride (or other
chemicals) to the unpaved travel surfaces on the Project Site and along the frontage of the
Project Site on Faivre Street. At present, there are no established, specific application rates for
dust agents. However, the occupance of observable dust clouds can be reduced to zero with
the proper implementation of a combination of mitigation measures, The Mitigation Measures
related to dust reduction as found in Section E of the Mitigated Negative Declaration, when
implemented, have the capability of reducing the occupance of observable dust clouds to zero,
o
181
o
o
The Mitigation Measures found in Section E of the Mitigated Negative Declaration for IS-96-08
are hereby incorporated into this section.
VI. TRANSPORTA TION/CIRCULATION. Potentially
Potentially Sipificant Less than
Would the proposal result in: Significsnt Unless SiVtificant No
Impart Mitigated Impact Impact
a) Increased vehicle trips or traffic 0 0 0 181
congestion?
Page No.4
Potentially
Significant
Impact
PotentialJy
Significant
Unless
Mitigated
Less than
Significant
Impart
No
Impact
b) Hazards to safety from design features 0 0 0 181
(e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g"
farm equipment)?
c) Inadequate emergency access or access to 0 0 0 181
nearby uses?
d) Insufficient parking capacity on-site or off- 0 0 0 181
site?
e) Hazards or barriers for pedestrians or 0 0 0 181
bicyclists?
1) Conflicts with adopted policies supporting 0 0 0 181
alternative transportation (e.g. bus
tumouts, bicycle racks)?
g) Rai], waterborne or air traffic impacts? 0 0 0 181
h) A "]arge project" under the Congestion 0 0 0 181
Management Program? (An equivalent of
2400 or more average daily vehicle trips or
200 or more peak-hour vehicle trips.)
Comments: The deferred street improvements required under PCC-90-02 will be constructed
at the same time and to a standard satisfactory to the City Engineer.
Surrounding residents and business owners have expressed a variety of concems regarding the
Project Site and vicinity. Several of the speed, parking and vehicle repair concerns are law
enforcement issues and the Police Department is aware of the concerns. The App]icant has
instal]ed "no parking" signs on the fence along the northern perimeter of the site. Neighbors
believe that this is forcing CMI employees to park on Jacqua Street which is reducing
residential parking in the vicinity of the site, The Municipal Code requires that all staff/driver
parking be contained on-site.
VIT. BIOLOGICAL RESOURCES. Would the
proposal result in impacts to:
Potentially
Significant
Impart
Potentially
Significant
Unless
Mitigated
Less than
Significant
Impart
No
Impact
Page No.5
a) Endangered, sensitive species, species of
concern or species that are candidates for
listing?
b) Local]y designated species (e.g" heritage
trees)?
c) Local]y designated natural communities
(e.g, oak forest, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and
vernal pool)?
e) Wildlife dispersal or migration corridors?
Potentially
Significant
Impact
Potentially
Significant
Unless
.Mitigated
No
Impact
Less than
Significant
Impact
o
o
o
181
0 0 0 181
0 0 0 181
0 181 ,0 0
0 0 0 181
0 0 0 ~
t) Affect regional habitat preservation
planning efforts?
Comments: In 1994, in violation of Conditional Use Permit PCC-90-02, California
Multimodal, Inc. filled in a portion of the southern two thirds of the Project Site to use as
trailer parking. However, after being informed of the violation, a Wetland Habitat Restoration
Plan (copy attached) was prepared by Merkel and Associates, Inc., and a replanting effort is
underway to bring this area back to its natural state. As part of the monitoring of this program,
a Six-Month Wetland Monitoring Report (copy attached) was prepared by Merke] and
Associates, Inc. This is an on-going restoration project that will end when the five year
Mitigation Monitoring Program ends.
The Mitigation Monitoring Coordinator (MMC) is required to cooperate with the Operator's
environmental firm in inspecting the wetlands area to ensure that there are no impacts from the
application of excessive amounts of a dust control agent. If negative impacts to the wetlands
area are noted, the App]icant/Operator may be required to change the dust control agent.
Potentially
Potentially Siptficant Le.sthan
VIll. ENERGY AND MINERAL RESOURCES. Significant Unless Significant No
Would the proposal: hnpad Mitigated Impact Impact
a) Conflict with adopted energy conservation 0 0 0 ~
plans?
Page No.6
Potentially
Si~n1ficant
Impod
Potentially
Significant
Unl~
Miti&ated
Less than
Siplificant
Impod
No
Impod
b) Use non-renewable resources in a wasteful 0 0 0 181
and inefficient manner?
c) If the site is designated for mineral 0 0 0 181
resource protection, will this project impact
this protection?
Comments: The proposed project does not conflict with adopted energy conservation plans and
does not propose the use of non-renewable resources in a wasteful and inefficient manner.
Potentially
PotmtiaDy SIgnJJIamt LtsS than
IX. HAZARDS. Would the proposal involve: Sicntficant UnI~ Si&nifIcant No
Impod Miti&ated Impad Impad
a) A risk of accidental explosion or release of 0 0 0 181
hazardous substances (including, but not
limited to: petroleum products, pesticides,
chemicals or radiation)?
. b) Possible interference with an emergency 0 0 0 181
response plan or emergency evacuation
plan?
c) The creation of any health hazard or 0 0 0 181
potential health hazard?
<
d) Exposure of people to existing sources of 0 0 0 181
potential health hazards?
e) Increased fire hazard in areas with 0 0 0 181
flammab]e brush, grass, or trees?
Comments: Project would not create significant hazards on-site.
X. NOISE. Would the proposal result in: Potentially
Potentially Significant LtsS than
Sipiftcant Unl~ Sipificant No
Impod Mitil(::ated hnpad Impad
a) Increases in existing noise levels? 0 0 0 181
b) Exposure of people to severe noise levels? 0 0 0 181
Page No.7
Comments: The proposed project would NOT create an increase in noise. There are sensitive
noise receptors (sing]e-fami]y establishments) directly to the north of the Project Site and some
public concern has been expressed about existing noise levels. As conditioned, this proposal
is for the extension of an existing permit will not generate additional noise. Although the
Applicant/Operator has requested extending the hours of operation on Sunday to 10 p.m. a
condition of approval of this Special Use Pennit will be to comply with the original]y approved
hours of operation of 6:00 am-IO:OO pm Monday through Saturday, and 8:00 am-6:oo pm
Sunday.
XI. PUBLIC SERVICES. Would the proposal Potentially
Potentially SivUficant Less than
have an effect upon, or result in a need for Sjgnlficant Unless Significant No
new or altered government services in any of Impact Miticated Impact Impact
the following areas:
a) Fire protection? 0 0 0 ~
b) Police protection? 0 0 0 ~
c) Schools? 0 0 0 ~
d) Maintenance of public facilities, including 0 0 0 ~
roads?
e) Other governmental services? 0 0 0 ~
Comments: No new governmental services will be required to serve the project.
XII. Thresho]ds. Will the proposal adversely
impact the City's Threshold Standards?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigated
Less than
Significant
Impact
No
Impact
As described below, the proposed project does not adversely impact any of the seen
Thresho]d Standards.
a) Fire/EMS
o
o
o
~
The Thresho]d Standards requires that fire and medical units must be able to respond
to calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in
75 % of the cases. The City of Chu]a Vista has indicated that this threshold standard
will be met, since the nearest fire station is 3 miles away, The proposed project will
comply with this Threshold Standard,
Comments: This project will not affect Fire Department operations.
Page No.8
Potentially
Significant
Import
Potentially
Significant
Unless
Miti&atrd
Less than
Significant
Impact
No
Impact
b) Police
o
o
o
jgJ
The Threshold Standards require that police units must respond to 84% of Priority
1 calls within 7 minutes or less and maintain an average response time to all Priority
1 cal]S of 4.5 minutes or less. Police units must respond to 62,10% of Priority 2
cal]s within 7 minutes or less and maintain an average response time to aI] Priority
2 calls of7 minutes or less. The proposed project will comply with this Threshold
Standard.
Comments: This project will not affect Police Department operations.
c) Traffic
o
o
o
181
The Thresho]d Standards require that aI] intersections must operate at a Level of
Service (LOS) "C" or better, with the exception that Leve] of Service (LOS) "D"
may occur during the peak two hours of the day at signalized intersections.
Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No
intersection may reach LOS "E" or "F" during the average weekday peak hour,
Intersections of arterials with freeway ramps are exempted from this Standard. The
proposed project will comply with this Threshold Standard.
Comments: Imp]ementation of the requirements that the App]icant/Operator provide a 26- foot
road widening from centerline to the face-of-curb will assure that the primary road standard is
adequate to service this project.
d) Parks/Recreation
o
o
o
181
The Thresho]d Standard for Parks and Recreation is 3 acres/l,OOO population. The
proposed project will comply with this Thresho]d Standard.
Comments: The threshold standards do not apply to this project as this is not a residential
proposal.
e) Drainage
o
o
o
181
Page No.9
Potenti.ally
Signifiamt
Impact
PotentiaUy
Si=nificant
Unless
Mitigated
Less than
Sicnificant
Impact
No
Impact
The Thresho]d Standards require that storm water flows and volumes not
exceed City Engineering Standards. Individual projects will provide
necessary improvements consistent with the Drainage Master Plan(s) and
City Engineering Standards. The proposed project will comply with this
Thresho]d Standard.
Comments: As part of the Main Street Capitallmprovement Project, drainage facilities will
be provided which will partial]y mitigate the drainage problem in the Faivre Street right-of-
way.
f) Sewer
o
o
o
181
The Thresho]d Standards require that sewage flows and volumes not exceed
City Engineering Standards. Individual projects will provide necessary
improvements consistent with Sewer Master Planes) and City Engineering
Standards, The proposed project will comply with this Thresho]d Standard.
Comments: This project will not affect sewer capacities.
g) Water
o
o
o
181
The Thresho]d Standards require that adequate storage, treatment, and transmission
facilities are constructed concurrently with planned growth and that water quality
standards are not jeopardized during growth and construction. The proposed project
will comply with this Threshold Standard.
App]icant/Operators may also be required to participate in whatever water
conservation or fee off-set program the City of Chu]a Vista has in effect at the time
of building permit issuance.
Comments: This project will not affect water capacities.
XIII. UTILITIES AND SERVICE SYSTEMS.
Would the proposal result in a need for new
systems, or substantial alterations to the
following utilities:
a) Power or natural gas?
Potentially
Si=nificant
Impact
Potentially
Significant
Vol...
Mitigated
Less than
Si=nificant
Impact
No
Impact
o
o
o
181
Page No. 10
Potentially
SiCnificant
Impact
Potentially
Sicnificant
Unless
MitiCated
Less than
Significant
Impact
No
Imparl
b) Communications systems? 0 0 0 jgJ
c) Local or regional water treatment or 0 0 0 jgJ
distribution facilities?
d) Sewer or septic tanks? 0 0 0 jgJ
e) Storm water drainage? 0 0 0 jgJ
f) Solid waste disposal? 0 0 0 jgJ
Comments: The Project Site has adequate drainage.
XIV. AESTHETICS. Would the proposal: Potentially
Potmtially Significant Len thon
Sipificant Un!", Sipificant No
Imparl Mitigated Impact Impact
a) Obstruct any scenic vista or view open to 0 0 0 jgJ
the public or will the proposal result in the
creation of an aesthetical]y offensive site
open to public view?
b) Cause the destruction or modification of a 0 0 0 jgJ
scenic route?
c) Have a demonstrable negative aesthetic 0 0 0 jgJ
effect?
d) Create added light or glare sources that 0 0 0 jgJ
could increase the level of sky glow in an
area or cause this project to fail to comply
with Section 19.66.100 of the Chu]a Vista
Municipal Code, Title 19?
e) Reduce an additional amount of spill light? 0 0 0 jgJ
Comments: The proposed project will not obstruct any scenic view and will not result in an
offensive site for public view.
Page No. 1 I
XV. CULTURAL RESOURCES. Would the Potentially
Potentially Significant Less than
proposal: Sir::nificant Unless Significant N.
Impart MitiCated Impact Impact
a) Will the proposal result in the alteration of 0 0 0 181
or the destruction or a prehistoric or
historic archaeological site?
b) Will the proposal result in adverse physical 0 0 0 181
or aesthetic effects to a prehisto'ric or
historic building, structure or object?
c) Does the proposal have the potentia] to 0 0 0 181
cause a physical change which would affect
unique ethnic cultural values?
d) Will the proposal restrict existing religious 0 0 0 181
or sacred uses within the potential impact
area?
e) Is the area identified on the City's General 0 0 0 181
Plan EIR as an area of high potential for
archeo]ogical resources?
Comments: The site is not in an area of high potential for archeological resources. The
proposal will not have any negative impacts on archeo]ogical resources.
XVI. PALEONTOLOGICAL RESOURCES. Will 0 0 0 181
the proposal result in the alteralion of or the
destmction of paleontological resources?
Comments: Due to the fact that the site has previously been disturbed and is not located in
an area of high potential paleonto]ogical resources as identified by the City's General Plan EIR,
no negative impacts will occur as a result of this project.
XVII. RECREATION. Would the proposal: Potentially
PotentiaUy S~C8I1t Less than
Signiliamt Unl", Significant N.
Impart :Mitigated Impart Impart
a) Increase the demand for neighborhood or 0 0 0 181
regional parks or other recreational
facilities?
b) Affect existing recreational opportunities? 0 0 0 181
c) Interfere with recreation parks & recreation 0 0 0 181
plans or programs?
Page No. 12
Comments: Project will not create need for new recreation facilities.
MANDATORY FINDINGS OF
SIGNIFICANCE: See Negative
Declaration for mandatory findings of
significance. If an EIR is needed, this
section should be completed.
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wi]dlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods or
California history or prehistory?
Comments: Project Site could cause unhealthfu] air quality conditions. These conditions will
be aI]eviated through implementation of mitigation measures.
b) Does the project have the potential to 0 0 0 ~
achieve short-tenn, to the disadvantage of
]ong-tenn, environmental goals?
XVIII.
PotentiA1ly
SiprlfiC8l1t
Impad
Potentially
Si&nificant
Uni...
Mitigated
N.
Impact
Less than
SiprlfiC8l1t
Impact
o
o
o
~
Comments: Project will not affect short-tenn or ]ong-tenn goals.
c) Does the project have impacts'that are
individual]y limited, but cumulatively
considerable? ("Cumu]ative]y considerab]e"
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and
the effects of probable future projects.)
Comments: Project will not create cumulative impacts.
d) Does the project have environmental effect
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
o
o
o
~
o
~
o
o
Page No. 13
Comments: Mitigation measure will ensure that project does not cause substantial adverse
effects on human beings,
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
The following project revisions or mitigation measures have been incorporated into the project and
will be implemented during the design, construction or operation of the project:
]. Within thirty (30) days of the approval of Special Use Permit SUPS-96-06, retain a
Mitigation Monitoring Consultant (MMC) through the City of Chula Vista's third party
agreement process, to the satisfaction of the Director of Planning.
2, To prevent erosion on the Project Site and ensure that the wetlands in the immediate
vicinity of and on the Project Site are protected, the Applicant/Operator shall install
and keep in good repair a silt fence on the south side of the three acre usable area of
the Project Site and north of the approximately 6.64 acres of wetlands, to the
satisfaction of the MMC. The silt fence shall be constructed to a height and of a
material specified by the MMC.
The MMC, as part of the Mitigation Monitoring Program, will periodical]y inspect the
silt fence to ensure that it is in good repair and performing its intended purpose, and
will coordinate inspections of the wetlands area with the Operator's environmental firm
to ensure that the wetland area is protected from adverse impacts related to runoff from
the project site. The MMC may require the Applicant/Operator to change the dust
control agent if he/she observes negative impacts resulting from its application to the
Project Site to the wetlands area.
3, To ensure that dust is eliminated, the App]icant and/or Operator shal]:
A. Acknow]edge and agree that monitoring of dust and mud conditions on the Project
Site and along the Project's Faivre Street frontage will be carried out by the MMC
who will perform inspection visits a minimum of once every other week for the
first year. After the first year, the MMC shal] perform monthly inspections, or
upon request by the City. Any unused portion of deposit submitted by the
Applicant for the Mitigation Monitoring Program shall be refunded after the second
year. Likewise, in the event the deposit amount is exhausted prior to the end of the
second year, the App]icant shal] submit an additional deposit amount as stipulated
by the Director of Planning,
The MMC will forward monitoring reports for each visit to the Applicant, Director
of the Bui]ding and Housing Department, the Director of the Planning Department
Page No. ]4
and the City Engineer as to the state of the site and the Project's frontage along
Faivre Street with respect to dust abatement and mud being tracked onto Faivre
Street. Said report shall indicate whether dust clouds and/or mud is observed on
the Project Site or along the Project's Faivre Street frontage.
If the MMC observes dust clouds being generated by vehicles associated with the
Project Site or mud being tracked onto Faivre Street from the Project Site, he/she
shall immediately send written notification to the App]icant, the Director of
Bui]ding and Housing, the City Engineer and/or the Director of Planning, as
appropriate. Within a reasonable time limit, as detennined by the MMC, after
initial notification of violation the MMC shall revisit the Project Site to confinn
compliance. If the situation is not remedied within said reasonable time specified
by the MMC, the MMC shall a send second written notice to the above-mentioned
parties, after which the City may take any Code Enforcement action it deems
necessary .
B. App]y one of the dust control agents listed in Attachment 1 to aI] driving surfaces,
including the Project's frontage along Faivre Street, as often as the MMC
determines is needed in order to prevent dust clouds from fonning, but not in such
concentrations as will negatively impact the wetland area to the south, as
detennined by the MMC.
Applicant/Operator shall ensure that any dust control agent so applied shal] be
biodegradable and non-toxic, If needed, additional applications shal] be applied at
Applicant's/Operator's expense as detennined necessary at the discretion of the
MMC. As proof of application of one of the dust control agents, a letter from the
App]icant or Operator shaI] be submitted to the MMC,the Director of Planning, the
Director of Building and Housing and the City Engineer within five (5) working
days after the application 'indicating the agent applied, date, time and areas of
application.
C. Until such time as construction of pennanent improvements commences along the
Project's Faivre Street frontage, remove accumulated dirt from Faivre Street
frontage on a weekly basis or as otherwise detennined by, and to the satisfaction
of the MMC. Removal of accumulated dirt shal] be accomplished by use of a street
sweeper, shoveling the dirt off of Faivre Street or any other method that the MMC
agrees effectively removes the dirt.
Page No. ]5
BS/B5/1997 1B:BS 2717541
08/05/97 TUE 08:61 fAX 619 691 5171
FWP
cYULA VISTA ENGINEE~NG
PAGE B2
tal 002
XX. IMPLEMENTATION AGREEMENT:
P~ject Applicant and Operator hereby stipulate rhat they have each read, understand and agree
to Implement the Mitigation Measures in Mitigated Negative Declaration for 15-96-08.
At\t!.,... /'11.. Jew.e., IjLc..e j>jt!5/b-'1
,
Printed Name and Title of Authorized Representative of
H.G. Fenton pany
Signature of Authori
H,G. Fenton Camp
~/)iC;7
Date
Printed Name and Title of Authori2ed Representative of
California Multimodal, Inc.
Signature of Authorized Representative of
California Multimodal. Inc.
Date
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The CIlviromnental fadDrs checked below would be po~tial1y affected by this project, involving
at least one impact that is a "Potentially Significant Impact" or 'Potentially Significant Unless
Mitigated." as indicated by tb.c checklist Oil the following pages.
o Energy and Mineral
Resources
o Public Services '
o Utllines and Service
Systems
o Aesthetics
OLand U$e and PlllIlDing
o Population and
Housing
. a Geophysical
o nansportationl Circulation
I!:I Bio]ogjcalResourc~s
o Water
D Hazards
o Cultural Resources
Page No, 16
XX. IMPLEMENTATION AGREEMENT:
Project App]icant and Operator hereby stipulate that they have each read, understand and agree
to implement the Mitigation Measures in Mitigated Negative Declaration for IS-96-08.
Printed Name and Title of Authorized Representative of
H.G. Fenton Company
Signature of Authorized Representative of
H.G. Fenton Company
Date
~p6. Gf~'iS\EfJ~J - A-Up.
Printed Name and Title of Authorized Representative of
~aI' '~4#t' Inc. .
I 1lJft(-wJL ---
. ature of Authorized Representative of
California Multimodal, Inc.
~~~//~
Date
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potential]y affected by this project, involving
at least one impact that is a "Potential]y Significant Impact" or "Potential]y Significant Unless
Mitigated," as indicated by the checklist on the following pages.
181 Bio]ogical Resources
o Pub]ic Services
o Utilities and Service
Systems
o Aesthetics
OLand Use and Planning
o Population and
Housing
o Geophysical
o Transportation/ Circulation
o Energy and Mineral
Resources
o Water
o Hazards
o Cu]tural Resources
Page No. 16
jgI Air Quality
o Noise
o Recreation
jgI Mandatory Findings
of Significance
xxn. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the J;Ilitigation
measures described on an attached sheet have been added to the project. A
MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment,
and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the
environment, but at least one effect: 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by
mitigation measures based on the earlier analysis as described on attached sheets, if
the effect is a "potential]y significant impacts" or "potential]y significant unless
mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
<
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because aI]
potential]y significant effects (a) have been analyzed adequately in an earlier EIR
pursuant to applicable standards and (b) have been avoided or mitigated pursuant to
that earlier EIR, including revisions or mitigation measures that are imposed upon
the proposed project. An addendum has been prepared to provide a record of this
detennination.
rfLA~ ~
Signatur-;;;:f-"'7
, Douglas D. Reid
Environmental Review Coordinator
City of Chula Vista
6;1 L/ /?7
Date
.0
.
o
o
o
Page No. 17
~~~
~
~~~~
CllY OF
CHULA VISTA
PLANNING DEPARTMENT
July ]5, ]997
Mr. Keith W. Merkel, Principal Consultant
Merkel & Associates, Inc.
3944 Murphy Canyon Road, Suite C] 06
San Diego, Califomia 92123
RE: SUPS-96-08: Use of Magnesium Chloride as a Dust Suppressant
Dear Mr. Merkel:
" Thank you for taking time from your schedule to discuss with Barbara Reid and me the issues related
to using magnesium chloride as a dust suppressant Below, I have summarized our understanding of the
conversation.
, Magnesium chloride can be used as a dust suppressant as long as it is not applied in such quantities or
so frequently that it creates a toxic condition in the wetland area. To this end, a mitigation measure has
been included in the Mitigated Negative Declaration which requires the Mitigation Monitoring
Coordinator (MMC) to cooperate with your firm in monitoring the wetland area. If any toxic conditions
become evident, the MM C has the authority to have the dust control agent changed to a different one.
, At this time, neither you nor your assistants have noticed any reactions in the wetland area to the current
application of magnesium chloride.
, At the same time, you have noticed negative impacts to the wetland area from the cleaning and washing
of the 1rucks and trailers. Because such activities are not included in the application submitted by Fenton
and CM! for the special use permit, such activities are not pennitted on the easterly parcel, nor have any
such activities been noticed by Planning staff on the Project site. It may be that CM! is cleaning the
trucks and trailers on the westerly parcel, in which case the special use pennit conditions and mitigation
measures are not applicable. ,
, The use of magnesium chloride as a dust suppressant does not pose a hazard to hwnan health.
Again, thank you for your time in this matter. If you have any questions regarding the above, please
contact me at 476-5335 or Barbara Reid 69]-5097.
~
Martin Mil]er
Associate Planner
~ --...,--.,.
cc: Eddy Kubota, Project Manager, CM!
Linda Kaufman, Project Manager, Fenton-Western
Ken Lee, Assistant Planning Director
Barbara Reid, Associate Planner
276 FOURTH AVE/CHULA VISTA. CAliFORNIA 91910/16191 691-5101
OS/23/1997 08;17 5195607779
MERKEL & ASSOC, INC.
PAGE 01
-i
-;
+-
MERKEL & ASSOCIATES, INC,
3944 Murphy Canyon Rd. Suite C106
S,," Diego. CA 92123
Tel: (619) 560-5465 Fax: (619) 560-7779
FAX TRANSMISSION COVER SHEET
To: Barbara Reed Date: May 23. 1997
Sender: Carla Keller Time: 9:20 am
Fax: 691-5171
Phone: 691-5021
YOU SHOULU Kbl.:J::IVJ:: j .t'AGE,(S), INCLUDING THIS COVER SHBBT. If' YOU
DO NOT RECEIVE ALL THE PAGES. PLEASE CALL .
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OS/23/1997 08:17 5195507779
&6/21/87 WED 17:4J FA! 618 691 5171
MERKEL & ASSOC, INC.
CHULA VISTA ENGlNEERIjiG
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PAGE 04
~004
Giroux & Associates
Environmental Co: ltants
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TO:
Barbara Reid; city of Chula Vista
FROM:
Hans Giroux; Giroux & Associates
RE:
Unpaved Surface Dust Control
DATE:
March 7, 1997
The South Coast AQMD does not have specific criteria on application
rates. They have a general requirement for unpaved roads or
disturbed surface areas relative to chemical stabilizers which
states as follows:
"Apply a chemical stabilizer to all unpaved road surfaces
in sufficient quantity and frequency to maintain a
stabilized surface.
"Stabilized Surface" is defined as follows:
Any unpaved road surface in which any fugitive dust plume
emanating from vehicular traffic does not exceed 20
percent opacity. Unpaved roads are any unsealed or
unpaved roads, equipment paths, or travel ways that are
not covered by one of the following: concrete, asphaltic
concrete, recycled asphalt, or asphalt.
I have attached a list of chemical dust suppressant vendors for
your information.
17744 Sky Park Circle, Suite 210, Irvine California 92614 - Phone (714) 851-8609 - Fax (714) 851-8612
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Merkel & Associates, Inc.
4455 Murphy Canyon Road. Suite 120. San Diego, CA . 92123
Ph. (619) 560-5465 . Fax (619) 573-0069
RECEIVED
September 10, 1996
M&A # 95-049-01
Ms. Barbara Reid
Environmental Planner
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
c:~p 11'9=
...._. _ I :)0
PLANNING
Re: California Multimodal (C.M.I.) Site/Wetland Status and Historic Review
Dear Barbara:
The City of Chula Vista has requested additional information to clarify the historical
wetlands status of several locationsat the California Multimodal site near Faivre Street (Figure 1).
In effect, five areas of varying usage are at issue:
(A) Trailer Storage Area
This area consists of the existing truck storage yards which are situated in the northern and
western portions of the site (Figure 2). The yards are located on uplands and have been actively
utilized under a conditional use permit by CoM.!. for a number of years. Concrete K-rails separate
the existing revegetation area nom these storage yards to the north, and a relatively well defined
slope drops of substantial]y here to the lower elevations of the revegetation area. A similar slope and
chainlink fence are situated between the yards and the western boundary of the revegetation area.
No wetlands have occurred here since at least 1989 (K. W. Merkel site evaluation), and apparently
earlier (]986 aerial photographs).
(B) Unauthorized Impact Area
This second area of concern consists of the mixed uplands and wetlands which were more
recently disturbed by C.M.!. activities, and which are now fenced along the southern boundary of the
California Department of Fish and Game approved (Streambed Alteration Agreement #5-021-96)
revegetation area (see Wetland Restoration Plan, April 1996, Merkel & Associates). This area had
been brushed and was relatively unvegetated when Merkel & ASsociates biologists first examined
, ,
this location in ]995; but was a mix of disturbed wetlands and uplands during K. W. Merkel's
examination of the site in 1989. These earlier conditions are reflected in a copy of an aerial
photograph taken in 1991 and utilized as the base map for Figure 2. This map was also utilized to
determine that 0.73 acre of wetland habitat had been impacted by CoM.!.
Biological Consulting . Environmental Permitting . Habitat Restoration. Ecological Management
(C) Wetland Mitigation Area
The wetland restoration located here in Area C compensates for Area B disturbance. The
scattered, pre-existing wetlands have been consolidated within this area to improve habitat values
and site suitability, and reflect a greater than 1: 1 replacement ratio of the impacted wetlands.
(D) Pre-existing Disturbed Wetland
Disturbed wetlands (Figure 2) are immediately south of the fence noted in the Area B
discussion, and constitute the fourth area of concern. These wetlands have historically suffered some
degradation due to illegal encampments, but have not been altered substantially since 1991, based
on an examination of the aerial photographs made available by the City of Chula Vista. In addition,
this area has not surficially changed substantially since K. W. Merkel examined the site in 1989, and
this location still has a similar vegetation component. The area was determined not to have been
impacted by CoM.!. activities, and no recommendations were made to enhance the area.
Contemporary ground observations indicate some channel braiding for the historic Otay River is
present at Area D; however, this portion of the floodplain is now somewhat isolated ftom the
primary channel, and areas downstream have been converted historically to upland in association
with past aggregate mining in the valley.
(E) Disturbed Upland In Use As Storage Area
The fifth area of concem involves uplands south of Area D which have been utilized for truck
container storage. A small peninsula ofland juts out into the wetland; this area c]early was present
at a similar elevation and in a very disturbed condition during 1991 based on aerial photographic
, interpretation (Figure 2). The area was not being utilized for storage at that time; and weedy upland
dominated the area in K. W. Merkel's 1989 review, during which time transients were occupying
this site. '
~
~ ,
Significant wetland impacts from C.M.l. storage activities following the ] 989 Merke] surveys
were determined to be restricted to Area B; which now includes the compensating Wetlands
Restoration Site - Area C. If you have additional questions, please call me or Keith Merkel at 560-
5465.
Sincerely,
~
Craig H. Reiser
Senior Biologist
M&A# 95-049-{)1
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Project Vicinity Map
Source: USGS 7.5' IMPERIAL BEACH
QUADRANGLE
Figure
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US! Murphy Clnyon Roact. Suit. '20. San Diego, CA . 82123
Pb. (81;) 56t).S465 . Fa (61;) 573-OQ6;
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September 4, 1996
M&Al95-04p.Q1
-
Ms. Barbara Reid
P.z1vilOM'tntal PlamIcr
City of Cm1a Vista
276 Foun:h Street
Cwla Vim. CA 91910
Jle: CaUfornia Multimodal Update
(
Dear JIarbara:
You ~ an updaIed $WUS report on California MultimodJI'. WCI1mf ~ project
on Faivre Street in Chula VisII. A Nerbl " A.sorj.t~, letter of iuJy 31, 1996 ~'11"'J1f"CI1be
iDstaIIation of !be wetlmls for !be Califomia Depanment of Y&ah IDd Game.
Yesteniay, Seplcmbcr 3, 1996,1 visited !be siIc 10 <J--""'Ibe JaIcst Ii1e amditicms IIId took
. series of photos to provide additiODal cSocumentaIion. The m'e&eIa!ioI1 site is beioa we1I~ IIId
most of die wetlmd pl~ an vigorous IDd have grawD III'ltdanriol1y .1Deo my last Yisir 10 the .ite
OIIlu1y.28, 1996. 1bc willows III! cocwawoods appear 10 be II'cnviq panicu1arJy well ill Ibe cobb)y
lOil. Another M&A JeCImicIJ sT2ff meznber is more reculm)' moni1otiJIi die site to insure the
iIrlcation system. is functioning properly and to report on any .;pfiMftt dwlcea ill ai1e IIIUII. The
water availability is such dJat a load cover of weedy poW'1h illbo ~"";'II1IunT'1JUI die
megetltion area mong tile Dative plantiDis. A number ofdae pm1~ ~ apec:ieI an
wekomc as 1bey provide shade and help limil JUrficial dIyiDg of !be topIoIllIId det=r acessive
evaporanon durmi !be bollDd IUllDY lab: IWDIDCf IDe! lJII mo. wben water lIRa c:u be intPft~.
Two weedy species, Cocklebur (Xanthium StTll1lllUium) and GarWld CltyunrhtDIW (OvySlllllJwnwm
col'OMrium), will be tlli.mM from Che ,aile because tbey can evenmany crow 10 deDsely IS to
discourage !he grow!b of lII'get~. In Ceneral. die. is 'QCCe$sfu1ly prOll't$SiDi 10wanJI project
milestones.
Ii you have any additioDII questions please Q)) me at (619) S60-S46S.
SiD=ely,
Craig H. ReiIer
SeiDor BioloPst
Biological Con&u~ . EtMtonmentaI ~. HabItat RIIIonIIion. EeoIogical Management
-~7
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.sep. 4.1996 9:45AM GR' DELTA CNSLTS 619/573-1777
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Merkel & Associates; Inc."
.wss Murphy Canyon Road, SUIte 120. &an Diego, CA . 82123
. . Pb. (S18) 5eO-5455 . Fa: le18) sn.oDIS9
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Ju,1y 31, 1996
MW 9S-04~1 .
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Ms. Terri Dickmou
StrumW ~e<"~J .
. c;a1iforDia Department of FJ&h IIId Game
P.O. Box 66S1
Lquna NiJue1, CA 92607-6657
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Be: CaUf'onIIa Multi"'.....', IDe. 'R6,.~I.~ Site III Claula Vbta (CDFG i $-11796>
Dear Teni:
. 1be CaIif'omia M"'timndaI (CMl) site OD FaiVre sum ill CI1IIa VU1& has beeu' pIante4as per
. tbupedfi",ationc JIOfed ill 1besite', WedaIKI Habillt Rcstoration Plan (Merbl &t AIsoc'r."", AprIl 17,
1996), No mal COYCRge $I......" critEria lie required for 1be iDitia1 pI....,; boweVe,r, aU plaming
~ have been ac:hiev.ed IUd the iniptiou I)'ateID is illstalJed IUd ,,~..liOll1ll (see Photo Fi~$
II and 12).- 'Ibe site has beeD 1IIOIIitored Ibrough luJy 28, 1996 wi!h aU p1mJcd materia11Jjve IDd ,
~. No slg;.w;t..-nt p:oblema haw been DDIrd. 1be ai1e will ~ to be ieeu!irly l"""ihed .
wilh !be' om.1II!uS rcpon due 11 m IIIOJItbs post1'1aDIm.g (~y F\--~ 28, 1996). Given
the winter dolUllDC1 period, tbis mouilOriDl ~ may be accelerated or dellyci1 mdi1 sprin& to
provi4e meamngful multi.
If yoU have my additi01lll questioDs please till me or KeiIh Mezbl-11 (619) 560-5465.
smmY,~. /7 ~
CnigH. ~~ I
Senior Assoc:iafe .
cc: Mr: Eddie Kubota. CMI
MI. Barbm Reid. City or Qwla Villa
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WSE
WELDERS SUPPLY & EQUIPMENT COMPANY
A Division of
MATHEWS & COMPANY
since 1946
AP.") .
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April 15, 1996
Mr. Douglas D. Reid
Environmental Review Coordinator
Chula Vista Planning Department
P. O. 1087
Chula Vista, CA 91 912
Dear Mr. Reid:
In response to your notice of April 9, 1996, regarding the project for continuation of the
trutk and trailer storage at 2400 Faivre Street in Chula Vista, I feel compelled to make certain
constructive comments. In preface, Welders Supply & Equipment , a locally-owned small
business in Chula Vista since 1946, moved to Faivre Street in October of 1985. before the
City of Chula Vista took control of the area from the County of San Diego. Since that time,
the anticipated improvements that incorporation would bring to our street have yet to be seen.
When F. G. Fenton was given permission for eM.1. to operate on this small street in south
Chula Vista, the reverse occurred. Some of the problems generated are as follows:
!. DZ:1~er-~~~ speed~ usee bj' !arge tr3cto!'-tr~!!er r!gs 0:1 ~ n~!'TO\'\/; t!r!i!"!1pr0Ved street.
2. Large trucks parked along street, hampering an already heavily encumbered roadway.
3. A poorly engineered intersection (Faivre and Beyer) burdened by overuse and dangerous
circumstances.
4. An increase in air pollution caused by trucks driving on unpaved shoulders.
5. Truck repairs, including oil changes, done on a public street
6. Destruction of pavement designed for a lighter traffic burden.
7. Accidents or near accidents occurring on a daily basis because of the driving manner of
CMI trucks; i.e. driving down the center of the street at excess speeds.
The enclosed photographs clearly show evidence of the aforementioned. These are just a few
of the problems we see related to the use of Faivre Street by large truck and trailer rigs. Some
2591 FAIVRE STEET, BUILDING l' CHULA VISTA, CALIFORNIA 91911
Phone (619) 575-4000 Fax: (619) 575-4009
WSE
WELDERS SUPPLY & EQUIPMENT COMPANY
A Division of
MATHEWS & COMPANY
since 1946
April 15, 1996
Mr. Douglas D. Reid
Environmental Review Coordinator
Page 2
are merely annoying while others are extremely dangerous. We have continuously voiced our
concerns to both the Chula Vista Police Department and Street Maintenance Department, as
your records will show.
We are not opposed to truck traffic on Faivre Street. On the contrary, WSE could not do
business if trucks were not allowed. However, this street is not presently equipped to handle
the high volume to which it is being subjected. Badly needed street improvements could help
thiS'situation, starting with widening the existing pavement, and adding a center line. Using
current city policy, we also feel that since the large truck and trailer users are creating this
burden, they should bear the cost of necessary improvements.
Approval by the Planning Department for continuance without such stipulations would be
irresponsible.
Sincerely,
, -d~ eft CCL- (lctd ciLLI
Sandra Caddell
President
Enclosures
2591 FAIVRE STEET, BUILDING l' CHULA VISTA, CALIFORNIA 91911
Phone (619) 575-4000 Fax: (619) 575-4009
MEMORANDUM
December 15, 1993
File#PD-178
TO: Clifford L. Swanson, Deputy Public Works Director/
City Engineer
FROM: William A, Ullrich, Senior Civil Engineer W!Il1
SUBJECT: Request for Deferral of Street Improvements on South Side of Faivre
Street at Jacqua Street (APN 622-190-15)
Backoround
On August 13, 1993, Fenton-Western Properties, hereafter known as "permittee",
owner of the subject property, received approval of the extension of Conditional Use
Permit.PCC-90-02E, Approval was subject to the Engineering Division's requirements
that the permittee improve Faivre Street to its full width along the frontage of the
property, and execute an agreement to participate in the formation of a reimbursement
and/or assessment district to improve the intersection of Faivre Street and Broadway.
These are stated as conditions no, (3) & (4), respectively, of C.V.P. PCC-90-02E. On
August 23, 1993 the permittee filed an appeal of conditions no. (3) and no, (4). As
a result of the appeal, the Engineering Division agreed to accept an application for the
deferral of the improvement requirements
On October 29, 1993, the owner applied for a deferral of the improvement
requirements noting the following reasons on the application:
1. Incompatible with present development of the area.
2. Premature because of existing conditions of surrounding area.
Upon review and approval of the deferral application by the City Engineer, the
permittee may post with the City a lien for the improvements in lieu of installing them
within the time limits set forth by the CUP conditions of approval. The participation
. in the formation of the reimbursement district, however, shall only be deferred to
within 60 days of the date of this approval.
Findinas
1. The frontage of this property is 660 feet.
- 2 -
2. The property is located midblock.
3. Any piecemeal installation of improvements such as the one imposed for this
project could not be assured of meeting future design with respect to grade
until an overall plan is available.
4. There are no other deferrals along this block, on either side of the street.
5. The conditional use permit has no provisions for onsite development, therefore
the cost for on-site work vs. cost of public improvements is not applicable.
Item
Quantitv
Unit Price
Total
Curb & gutter
Driveway (35' wd curb
opening less sidewalk
area)
660,0 LF
$ 20,00
$13,200,00
70.0 SF
$ 4.20
$ 294.00
Sidewalk (5' wd X 660 Ig)
A.C., PMB & subgrade prep
Street)ight
3,300.0 SF
10,560.0 SF
2,0 EA
$ 4.00
$ 2.85
$3,500.00
$13,200.00
$30,096.00
$ 7,000.00
Subtotal
Survey & design (10% of subtotal above)
Construction staking (10% of Subtotal above)
Subtotal
10% contingencies
TOTAL
TOTAL BOND REQUIRED
$63,790.00
$ 6,379.00
$ 6,370.00
$76,548.00
$ 7,655.00
$84,203.00
$84,000.00
Conclusions
1, It is more practical to install these improvements as an overall improvement
project.
2. The deferral of these requirements will not be detrimental or hazardous to the
general public.
. Recommendation
Based on the findings herein, I recommend approval of the deferral with the following
conditions:
- 3 -
1. The deferral shall expire in three years or at such time 'as an overall project
causes the improvements to be installed,
2. The permittee shall execute an agreement with the City to participate in the
formation of a reimbursement and/or assessment district to improve the
intersection of Faivre Street and Broadway. The executed agreement shall be
submitted to the City for recordation within 60 days from the date of approval
of this deferral. Said agreement may be stated as a clause within the lien
agreement.
3. The permittee shall execute the lien agreement in the amount shown in the
estimate above, and submit it to the City for recordation.
4. In the case of a Block Grant Project causing the improvements to be installed,
the cash bond shall be used to pay for the applicant's share in the costs of
those improvements,
5. The permittee shall submit a plan for the installation of a minimum of three
speed control humps, subject to the review and approval by the City Traffic
I;ngineer. Upon approval of the plan, permittee shall obtain a construction
permit from the City and construct the speed humps in accordance with the
provisions of said permit.
The deferral request is hereby:
[)<l Approved
. [ ] Denied
.Signed~~ /.} ~)(24f~
CLIFF D L~SON
DEP PUBLIC WORKS DIRECTOR/
CITY ENGINEER
Date: I~~?k.?l
JA:dv
Attachment
F:\HOME\ENGINEER\PERMITS\DEFPD178.JA
U U '--f+ I'T1't -0 LI'1)t I~
'i j-~..s.1 'i 't
Recorder: Index as "Agreement", only
Recording requested I7y and
please return to:
I
,
,
City Clerk
City of ChuJa Vista
P.O. Box 1087
ChuJa Vista, CA 91912
~.
,
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'" 17Us space for Recorder's use, only J;.
,_."."',,.,~
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-.-...-
Assessors Parcel No(s). 622-190-15
PD-178
AGREEMENT FOR THE DEFERRAL OF THE INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF CHULA VISTA
AND LIEN SECURING THE FUTURE INSTALLATION OF SAID
IMPROVEMENTS ON THE PROPERTY OWNED BY
FENTON-WESTERN PROPERTIES
AND LOCATED AT THE SOUTH SIDE OF
FAIVRE STREET AND JACQUA STREET
THIS AGREEMENT, made and entered into this .z 3,..&1 day of
D~c-U>? b~ y" , 1993, by and between the CITY OF CHULA VISTA, a municipal
corporation ("City"), and FENTON-WESTERN PROPERTIES, an H.G. Fenton Company,
("Property- Owner");
WIINfSSETH
WHEREAS, the property which is the subject matter of this agreement is commonly
known as South Side of Faivre Street at Jacqua Street, Chula Vista, California, is identified in
the County Assessor records as Parcel No. 622-190-15, and is legally described as:
C"I~_.._
X<
90.52
1222
26879
CHECK NO
CHECK DATE
26879
01/05/94
If *** Twenty S; x & NO/1 00 ***
i
k;
r
COUNTY OF SAN DIEGO
5201 RUFFIN ROAD
SUITE H
SAN DIEGO, CA 92123-1677
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11'0 2b8 ?"ill' I: ~ 2 2 COO 5 2bl:00 31.0 ~ol. ~8all'
WHEREAS, Section 12.24.040 of the Chula Vista Municipal Code provides, generally,
for the installation of certain public improvements upon any dedicated alley, street or streets
adjacent to a lot or parcel upon which a structure or building is to be installed, erected, or
moved upon; and,
,
WHEREAS, Property Owner(s) is/are obligated, hereinafter referred to as "Improvement
Duty", by the above described authority to install certain public street improvements, hereinafter
referred to as "Improvements", on the street right of way abutting the Property to the
specifications set by, and designed, surveyed, staked and installed to the satisfaction of, the City
Engineer, described as follows:
Curb, gutter & sidewalk, consisting of approximately 660 linear feet to be built
along the Property frontage, a 29 -foot wide driveway consisting of approximately
70 square feet to be built within the street right of way; approximately 10560
square feet of A.C. paving, and base, 16 feet wide by 660 feet long; 2 street
light(s); necessary drainage facilities; participation in a reimbursement and/or
assessment district to improve the intersection of Faivre Street and Broadway.
WHEREAS, Property Owner(s) was/were granted by the City Engineer of the City for
a deferral of the Improvement Duty; and,
WHEREAS, Section 12.24.070 provides that if the City Engineer, in his discretion, feels
that said installation of Improvements would cause a defective condition to the property or it
would be extremely impractical to install or construct the same, then the City Engineer, upon
fmding that grounds for said deferral of the requirements of Section 12.24.040, may grant said
deferral, which may be limited to a specified period of time; and,
WHEREAS, the City Engineer does hereby fmd that the grounds for said request for a
deferral of the Improvement Duty exist on the conditions set forth in this Agreement, and the
granting of said deferral is in conformance with the requirements of Section 12.24.070;
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto
as follows:
A. Grant of Deferral: City Engineer hereby grants a deferral of the Improvement
Duty until 30 days after such time in the future that the City Engineer may submit
a written demand upon the Property Owner(s) or successors in interest to perform
the Improvement Duty, but in no event for a period of time later than three (3)
years from the date of execution of this agreement.
B. A~reement to Perform Improvement Duty: Property Owner(s), or successors in
interest, in lieu of installing the Improvements specified herein prior to final
inspection or the giving of a Certificate of Occupancy by the City, agrees,
covenants and promises that Property Owner(s) will perform the Improvement
Page 2
l
Duty within thirty (30) days of written notice from the City Engineer to install
said improvements, or within three (3) years from the date of execution of this
agreement, whichever occurs fIrst.
C. Agreement Runs with the Land: The burden of this COVltnant is for the benefit
of the land owned by the City adjacent to the Property. The burden of this
covenant touches and concerns the Property. It is the intent of the parties, and
the parties agree, that this covenant shall be binding upon both the current
Property Owner(s), and upon the successors, heir, transferees and assigris of the
Property Owner(s), and run with, the ownership of the land which it burdens.
D. Grant of Lien: For the purpose of securing the faithful performance of the
promises and covenants herein contained, Property Owner(s) hereby grant(s) to
the City of Chula Vista a lien ("Lien") upon the Property in an amount equal to
Eighty Four Thousand Dollars ($84,000.00) based upon the current
Construction Cost Index Value of 5106.23 as published weekly by the McGraw-
Hill weekly periodical, Engineering News Record ("Index") and which amount
shall be increased or decreased monthly in direct proportion to the increase or
decrease in the Index between the month in which the City forecloses upon said
lien, and the month in which this agreement was entered ("Lien Amount").
1. At any time during the period herein provided, Property Owner(s), may
make a cash deposit with the City in the then current Lien Amount to
cover the total cost of the improvements. If said cash deposit is made, the
City shall rescind the Lien granted by this Agreement, and shall record a
notice of rescission of same. . The rescission of the Lien shall not
constitute a rescission of other covenants and property interests herein
granted, and shall not constitute a basis for not recording this Agreement.
2. In the event that said'lndex is no longer published, the City shall have the
right, upon notice to Property Owner(s), to calculate the Lien Amount on
the basis of any index which it reasonably determines reflects the cost of
living increases or decreases in the San Diego County area between the
date of this agreement 'aDd the date of foreclosure on the lien.
3. The Lien Amount shall operate as a maximum amount of the principal of
this Lien, exclusive of Attorney's Fees and Costs, and interest from the
date of f1ling of the foreclosure action on the Lien, which interest
Property Owner(s) agree(s) to pay at the rate of ten (10%) percent per
annum, compounded annually.
E. Grant of Conditional Easement: Property Owner(s) hereby grant(s) to City a
conditional easement over the Property to permit entry upon, design, survey,
staking and constrUction upon, and maintenance of, the Improvements which
Page 3
easement shall be conditional upon the refusaJ or failure of the Property
Owner(s), including Property Owner(s') successors, to perform the Improvement
Duty as herein required.
F. A~:reement to Participate in the Formation of a Reimbursement and/or Assessment
District: Property Owner(s), or successors in interest, agrees, covenants and
promises to participate in the formation of a reimbursement and/or assessment
district at such time that the intersection of Faivre Street and Broadway is
improved.
G. Remedies: Nothing in this agreement shall constitute a limitation on the remedies
provided at law or equity. It is understood, agreed and acknowledged by
Property Owner(s) that, upon failure of the Property Owner(s) to perform the
Improvement Duty at the time and in the manner specified by this Agreement, the
City may, but is not required to, do any of the following:
I. Install or construct said improvements by contract or otherwise, and
permission is hereby granted to the City or its contractors and contractor's
employees to enter upon any portion or portions of said property
reasonably necessary for said construction, and the entire cost and expense
of said improvements shall be charged against said property and said cost
and expense shall be payable by Property Owner(s), his/her/their
successors, heirs, assigns or transferees, immediately upon completion of
said improvements, and in the event the same is not paid within thirty (30)
days, the City may foreclose on said lien, as provided by law for the
foreclosure of mortgages, and Property Owner(s) agree(s) that the amount
of said lien includes attorneys' fees which shall be taxed as a cost in any
suit or foreclosure.
2. Direct the City Engineer to estimate the cost of the work required to
complete said improvements, and foreclose said lien in said amount.
3. Foreclose said lien as a mortgage.
4. Pursue any other remedy, legal or equitable by law, for the foreclosure of
a lien, and Property Owner(s), his/her/their successors, heirs and assigns,
shall pay reasonable attorneys' fees and costs to be taxed as a cost in said
proceedings.
H. Covenant to Cooperate in Improvement Petition: It is further understood and
agreed that Property Owner(s) and/or his/her/their heirs, assignees or successors
in interest shall not protest any proceeding authorized under that chapter of
Streets and Highways Code. commencing at ~ 5000, et al. ("1911 Act
Proceeding"), or that chapter of said Code, commencing at ~ 7000, et al. ("1913
Page 4
Act Proceeding") to provide improvements that include any of the works of
improvements for which Property Owner(s) is/are obligated as an Improvement
Duty under this Agreement.
I. Miscellaneous Provisions:
1. Authority of City: Property Owner(s) further agree(s that, and agree(s) not
to protest the fact, that the City is vested with the authority to require the
Property Owner(s) to perform the Improvement Duty forthwith.
2. Notices: Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or
delivered to either party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have elapsed following
deposit in the U.S. mail, certified or registered mail, return receipt requested,
first-class postage prepaid, addressed to the address indicated in this Agreement.
A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party. Facsimile transmission shall
constitute personal delivery.
City:
City of Chula Vista
276 4th Ave.
Chula Vista, CA 92010
Property Owner( s):
H.G. Fenton Material Company
7220 Trade Street, Suite 300
San Diego, CA 92121
(A party may change such address for the purpose of this paragraph by
giving written notice of such change to the other party in the manner
provided in this paragraph. Facsimile transmission shall constitute
personal delivery.)
3. Ca,ptions: Captions in this Agreement are inserted for convenience of
reference and do not defme, describe or limit the scope or intent of this
Agreement or any of its terms.
Page S
.~---,
4. Entire Agreement: This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written
representations, agreements, understandings, and/or statements shall be of no
force and effect.
S. Preparation of A2reement: No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this
Agreement. It shall be conclusively presumed that both parties participated
equally in the preparation and/or drafting this Agreement.
6. Recitals: Exhibits: Any recitals set forth above are incorporated by reference
into this Agreement.
7. Attorneys' Fees: In the event of any dispute arising as to the enforcement of
an obligation created by this Agreement, but not as to any dispute arising as to
a claim or defense of the validity of this Agreement, the prevailing party in any
action shall be entitled to reasonable attorneys' fees in addition to any other costs,
damages, or remedies.
(End of Page. Next Page is Signature Page.)
Page 6
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NUMBER OF PAGES DATE OF OOCUMENT ~
I Though the data requested here is notrequired by law. $
: ~ could prevent fraudulent reanachment of Ihis form. SIGNER(S) OTHER THAN NAMED ABOVE *
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C1993 NATIONAL NOTARY ASSOCIATION.. 8236 Remmel Ave.. P.O. Box 7184.. Canoga Part, CA 91309.71&.4
,Ie of
Calif ornia
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"
County of San Die~o
On 12/23/93 before me,
DATE
Carol A. Williams, Notary Public
NAME. TlT1.E OF OFFtCER. E.G.. "JANE DOE. NOTARY PUBLIC"
personally appeared
Henry F. Hunte
NAME{$) Of' SGNER(51
fIX! personally known to me . OR . 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
I subscribed to the within instrument and ac-
! knowledged to me that he/shelthey executed
, the same in his/her/their authorized
,
, capacity(ies), and that by his/her/their
,
, signature(s) on the instrument the person(s),
,
, or the entity upon behalf of which the
person(s) acted, executed the instrument.
lie CAROl A. Ww,MI II
i NOTARYPI."<<~ AM ,
, COIIII. NUIlIEII ,_ .
SAN DIEGO COUIIT'f
I! IIV COIIII. EXP. OCT II, '"711
WITNESS my hand and official seal.
-dI~l/t--.J~
SIGNATURE OF NOTARY
THIS CERTIFICATE MUST BE ATTACHED TO
THE OOCUMENT OESCRIBED AT RIGHT:
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
,-PURPOSE ACKNmVLEDGMENT
~
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though SlaMe does no! roqu;re !he NotaJy 10
till in the data below, doing so may prove
invaluable to persons ratying on the document.
o INDIVIDUAL
liD CORPORATE OFFICER(S)
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TITLE(SI
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY.IN.FACT
o TRUSTEE(S)
o GUAROIANlCONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PER5ON(SI OR ENTITY(IESI
Stale of California )
) Capacity Claimed by Signer
County of SI:.a Diego ) a
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J I,. lore me, lokl SodeTQulst. Denutv City Cleric. .-/"~, ~, '
personallyapFeared Clifford L. Swanson. D'Duty Puhlic Works Director/City E . \.,.
D2'tneer CItY o(c::t..4t ViN
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,&rsonallY known to me - OR . 0 proYed to me on the basis of satisfactory evidence to
,. be e person(s) wbose name(s) is/are subscribed to the within instrument and acknowled ed
to ~ that be~sb~they execu~ the same in hislber/their authorized capacity(ies), and ~t
by .hislber/thelr slgnalUre(s) On !he instrument the person(s), or the eIItity upon behalf of
whicb the person(s) acted, executed the instrument.
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SIGNATIJRE PAGE FOR
DEFERRAL AND LIEN AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this a,greement to be executed
the day and year fIrst hereinabove set forth,
CITY OF CHULA VISTA
DATED: ;7)17/I.P
BY:~~~~~)~~
CLIFF :t7~/~SON. DEP U IC
WO !RECTOR/CITY ENGINEER
(City Clerk to attach acknowledgment.)
DATED:
PROPERTY OWNER(S)
12/23/93 ~., ~~
~Q .
DATED:
(property OwnerCs) to attach notary acknowledgment.)
NOTES: a. Each owner as reflected on the preliminary title report must sign.
b. Permittee is to submit a check or money order payable to County of San Diego
in the amount of $26.00 for recordation of this agreement.
J
B DCE M. BOOGAARD
CITY ATTORNEY
Page 7
c
~
~
MEMORANDUM
, January 7, 1994
File No. PD-178
TO:
Beverly Authelet, City Clerk O. ~
Bruce Boogaard, City Attorney 1011f)
William A. Ullrich, Senior Civil EngineerjX1t{
VIA:
FROM:
SUBJECT:
Attestation of City Engineer's signature on deferral agreement with
Fenton-Western Properties
Enclosed herewith is a deferral agreement with Fenton-Western Properties for the
deferral of the requirement to install public improvements on Faiver Street. The
property is being used as a tractor Itrailer storage under an existing CUP and, as a
requirement of that CUP, the owners are to install public improvements along their
frontage.
Bruce, please review the document and, if correct, approve it as to form. Then please
forward it to Beverly.
Beverly, please acknowledge Cliffs signature and transmit the document to the County
Recorder. Once the document is returned, would you please have a certified copy of
it sent to:
Fenton-Western Properties
7220 Trade Street, Suite 300
San Diego, CA 92121
If you have any questions regarding this matter, please contact Joseph Asuncion at
extension 5040.
Thank you.
JWH
Enc.
J Attachment 2
--
PETERSON & PRICE
JUl 2 9 1991
EDWAR:O F. WMITTLER
MARSHAL. A. SCARR
MATTHEW A. PETERSON
LARRY N. MURNANE
JENNIFER L. CUSICK
A PROFESSIONAL COR.POFlA TrON
LAWYERS _ \..it
530 B STREET, SUITE 2300
SAN DIEGO. CALIFORNIA 92101-44S;!--
TEi.EYHONE
GI9.z3~0361
FAX
(619) 234'4786
INTERNET
LAW@PETERSONPRICE.COM
OF' COUNSEL
PAUL A. PETERSON
July 28, 1997
FILE No.
4994.002
via fax & U.S. mail
Mr. Martin Miller, Associate Planner
Planning Department
THE CITY OF CHULA VISTA
276 Fourth Ave.
Chula Vista, CA 91910
Re: Special Use Permit No. 96-06
2451 Faivre St. C.M.I. and H.G. Fenton Material Company
Dear Martin:
You had requested feedback from us by today concerning the
above-referenced matter.
With regard to the Draft Resolution prepared, we would
~
request clarification concerning Section VE.l on page 4 that in
the event that the MMC observes dust clouds being generated by
vehicles associated with the project site or mud being tracked
onto Faivre St. from the project site, he or she should
immediately notify the Applicant. and if the situation is not
rectified, shall then notify Director of Building and Housing,
the City Engineer, and/or the Director of Planning, as
appropriate.
Further, we are requesting that the City consider utilizing
the MMC on a weekly basis only for the first two or three months
Mr. Martin Miller, Associate Planner
July 28, 1997
Page 2
of operation. Thereafter, we believe that if there are no
problems, the MMC should be suspended until needed or as directed
by the City. Further, it is our understanding that the MMC will
be performing the following functions:
1. To confirm that the silt fence is installed;
2. To monitor ongoing dust control measures and to coordinate
with Merkel & Associates if any adverse impacts are
associated with the dust control agents utilized.
In this regard, it is our understanding that Merkel &
Associates will be performing the mitigation monitoring necessary
for impacts to the wetlands and that the MMC will not be
duplicating or otherwise involved in the ongoing biological
mitigation associated with the wetland restoration project.
With regard to the Mitigated Negative Declaration, first
clarification is at the top of page 4 where we would ask that the
last sentence of the top paragraph read:
"If required. the Applicant shall obtain an
NPDES (National Pollution Discharge
Elimination System) Permit and an SWPPP
(Storm Water Pollution Prevention Plan)
Permit 'f<I!++J::j~#~q4~#~g."
Further, in Section 2 entitled "Dust," we would request that
the second sentence from the bottom be deleted. This sentence
reads:
~
Mr. Martin Miller, Associate Planner
July 28, 1997
Page 3
"This ponding occurs in part because of the
unpermitted infilling and grading of a
drainage area to create a driveway on the
adjacent site (2387 Faivre St.) operated by
the Operator."
Our client's Engineers have presented the City's Engineers
with photographic and topographic evidence indicating that there
has been no appreciable change in the elevations of the grade.
Therefore, our client does not agree with the conclusion that
"unpermitted infilling and grading of a drainage area" have
occurred. As you mayor may not know, our client is actively
working with the City Engineering Department and MTDB to resolve
the storm water drainage problems associated with this section of
Fai vre St.
The Mitigation and Monitoring and Reporting Program should
also be modified consistent with the above-referenced changes.
Should you have any questions, please don't hesitate to
call.
Sincerely,
PETERSON & PRICE
Ai1~eSS~:~f~~ation
M~the11:~rson
cc: Jim Algert, Principal, Algert Engineering
C.M.I., Inc
~\I?-
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Attachment 3
(llY OF
CHULA VISTA
PLANNING DEPARTMENT
July 31, 1997
Matthew A Peterson
Peterson & Price
530 B Street, Suite 2300
San Diego, California 92]0]-4454
RE: SUPS-96-06/IS-96-08: Your Jetter ofJuly 28, 1997 in response to :Mitigation Measures found
in :Mitigated Negative Declaration No. IS-96-08
Dear Matthew:
Thank you for'your letter of July 28, ]997 outlining the concerns you and your client,
California MultimodaJ, Inc, have regarding the mitigation measures for CMI ' s project at 245] Faivre
Street here in Chula Vista. In your Jetter you bring up several concerns which are listed in the
mitigation measures for IS-96-08 and/or the resolution of approval for SUPS-96-06. Our responses
are as follows:
1. _Notification when Municipal Code violation observed by the Mitigation Monitoring
Coordinator (MMC)(page 1 of the letter). In sum, you suggest that the MMC notify
CMI first, rather than various department heads, if dust or mud are observed and give
them (CM!) a chance to rectify the violation. If CMI does not rectify the situation then
the City be notified.
Since this is an environmental issue, it needs to be monitored. At the same time, we agree
that CMI should have a chance to rectify the situation if the MMC observes dust clouds
or the tracking of mud. However, the City needs to de infonned at each step because, ~
you may know, either the generation of dust clouds or the tracking of mud is a Municipal
Code violation (~]2.12.080 - Debris dropped from vehicles prohibited on streets;
12.12,] 10 - Removal of obstructions from streets required-Notice-City perfonnance
when-Costs deemed lien-Collection; ~19.66. ]40 - Air contaminants, et.seq.). As a
compromise, staff is suggesting that the MMC notify, in writing, CMI as well as various
department heads and allow a "reasonable time," as detennined by the MMC, for CMI to
rectify the situation. If CMI has not rectified the situation within this "reasonable time,"
then the MMC will again notify the City of non-compliance, thus allowing the City to ta)ce
whatever action it deems necessary. The specific mitigation measure, with changes, would
read as follows:
"If the MMC observes dust clouds being generated by vehicles
associated with the Project Site or mud being tracked onto Faivre
Street from the Project Site, he/she shall immediately infom~I~.
Wg~!PAtUjg~fiQum!m~~ppIig~~{ the Director of Building and
Housing, the City Engineer and/or the Director of Planning, as
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(6191691.5101
Matthew Peterson
July 31,1997
Page NO.2
appropriate. :\yjJ.Pm...!i!tJ;\#$Qj:\!i!Q!i#t!mi#limit;!i!$q~!'iIDmA@I..PYth~
MMQi~j;\#lmt!mMPtig~Y9fj'pfY1QI~]ipj:j~M:M;Q~lj!JJ.!t~Y1$i\
nj#j..gtgj~~$j~tg~pijfim!gQipn_i;~em~$im~nQ#i$PQ]
1$roj;\!:1J~iiWij:ljm$i!#:!t~n#1:iJ~~~mii#';.~mim~Y~m~~MQI~
~~Q~~gsm~~gQn!;!;-W!1!t@:!nQ~lPm~~1:iQ*~tm~t\npijim
P1!m~~;jg~tMjmgfim:~Qj~m~y~gm'l.ygQ!!~PniQr4~mliti!9t!Qij
$t...~m$n~~$$mi"
2. Frequency of inspections by the MMC (bottom of page I of the letter). The last
paragraph on page one suggests that the MMC inspect the Project only once per week for
the first two or three months rather than for the duration of the use permit.
Our position is that the MMC needs to monitor the situation for at least the first year
because of the seasonal changes which prompt different conditions. For example, during
the rainy season, it's more likely that mud will be tracked onto Faivre Street, whereas
during the dry summer months dust will be more of an issue. We are suggesting a
compromise in the following wording:
"3. To ensure that dust is eliminated, the Applicant and/or Operator shall:
A. Acknowledge and agree that monitoring of dust and mud conditions on the
Project Site and along the Project's Faivre Street frontage will be carried
out by the MMC who will perform inspection visits a minimum of once per
~M~fMp~ji' week ffi!1~nt$!&~i! \%ft~ji'm~~tY~!!%i.j:lj~~N1R'$!"!i!!!
p~!1ffit!mmQt\WMroiiP~gQi"I$; or upon request by the City. ~Y'!mq$~
pgU!9J;!Qt1p\jQmt$!l!mj@!Im!ID!~~P!$~!ID.tl(\tm.~~i]i~!Qi\i:NrQiji,j;Qtw.g
PmI~I!ID.I~j\J,!!:!!1t~~~g~t~~pn!;!;ymip!!{j$iw!$~;m!A~~x@:!t:tmi
g!mP$ijI!m9!mt$$~_$@~RPPttp~~P9fm~$~9t\p.Ymi]fi~
\%ppJlp.~j\J,!$!Il:!m$\i!!I4qltipnM.p~PP.MtiW99m!!$$JltID~4py!fu1
P~!QtQkR!!\ffilw.gi
The MMC will forward \'IEekly monitoring reports fpt~!IP!i,Mim\ to the
\%ppUmj:jDirector of the Building and Housing Department, the Director
of the Planning Department and the City Engineer as to the state of the site
and the Project's frontage along Faivre Street with respect to dust
abatement and mud being tracked onto Faivre Street. Said report shall
indicate whether dust clouds and/or mud is observed on the Project Site or
along the Project's Faivre Street frontage."
With this frequency of monitoring the dry and wet months are covered by the MMC and
by the beginning of the second year, we will know what is needed to avoid any violations,
thus allowing a substantial reduction in the number of site visits by the MMC.
It should be understood that if a project is going to result in environmental impacts the
Applicant/Operator has two options: I) To modify the project such that the impacts are
CITY OF CHULA VISTA
Matthew Peterson
July 31,1997
Page No.3
eliminated; or 2) implement mitigation measures resulting from the negative declaration
or environmental impact report. If option one is chosen, there will be no potential for the
environmental impact to occur. For CMI, this possibly means paving the entire parking
area so no dust or mud can be generated. If option two is the one chosen, a mitigation
monitoring and reporting program must be developed to ensure implementation of the
mitigation measures. As stated in Remy and Thomas, Guide to CEQA Guidelines, 1996,
P.207:
"When a "public agency" approves a mitigated negative declaration or
adopts fmdings pursuant to Section 21081, the agency "shall adopt a
reporting or monitoring program for changes made to the project or
conditions of project approval, adopted in order to mitigate or avoid
significant effects on the environment. The reporting or monitoring
program shall be designed to ensure compliance during project
implementation. . . .Thus, where a "responsible agency" approves findings
pursuant to section 21081, such an agency must adopt a reporting or
monitoring program for any mitigation measures imposed pursuant to its
regulatory authority. "
CEQA distinguishes between implementation and duration in that if the applicant
.incorporates changes in the project that mitigate impacts to below a level of significance,
there is obviously nothing to monitor. But when changes are not made to the project
design, ongoing mitigation monitoring is required. The reporting or monitoring program
must be designed to ensure compliance during project implementation.
3. MMC's responsibility J:egarding the silt fence. Item 1 on page 2 suggests that the MMC
will "confum that the silt fence is installed" (item 1). Actually, besides insuring that the
silt fence is properly installed, the MMC will also monitor the silt fence to ensure that it
is in continual operational readiness. Because large vehicles drive this area, there is a
danger that the silt fence will be damaged. If this occurs, the MMC will notice it and can
then bring it to CM!' s attention for repair.
Coordinating with Merkel & Associates. Item 2 on page 2 of the letter is correct in that
the MMC will coordinate with Merkel & Associates and monitor any adverse impacts
caused by the dust control agent to the wetland area. Mitigation Measure 2 does not
require any changes.
4. Requirement for NPDES/SWPPP. The change suggested at the bottom of page 2 related
to the NPDES and the SWPPP is acceptable to Planning staff and the suggested wording
has been incorporated into the Mitigated Negative Declaration.
5. Wording related to drainage (bottom of page 2 of letter). In your letter you suggest that
the referenced wording be deleted from the Mitigated Negative Declaration. Specifically,
this wording reads:
CITY OF CHULA VISTA
Matthew Peterson
July 31, 1997
Page No.4
"This ponding occurs in part because of the unpermitted in filling and grading of
a drainage area to create a drive way on the adjacent site (2387 Faivre S1.) operated
by the Operator. "
The City Engineer confirmed that this commentary is factually true. A secondary issue
is whether, over time, the channel was filled with sediment, however, the primary issue
is the fact that illegal grading and filling took place. In either case, ponding of very
muddy water occurs at the cul-de-sac in the public right-of-way and trucks exiting the
Project Site must pass through this standing muddy water. This action causes mud to be
carried eastward on Faivre Street and eventually results in dust generation once the mud
dries. This is the connection. Therefore, staff does not concur that this wording should
be removed from the Mitigated Negative Declaration.
Please contact me at your earliest convenience so we can discuss these issues. It is necessary
for you, if you are authorized, or an authorized representative of CM! to sign the Checklist for
Mitigated Negative Declaration IS-96-08 by noon August 5, 1997. This will enable duplication and
distribution of the packet to the Planning Commission on August 6, 1997. If we are not able to come
to agreement and the Checklist remains unsigned by August 5, 1997, staff will be obliged to
reconsider its recommendation for approval, as an unsigned mitigated negative declaration would then
require the processing of an environmental impact report.
My phone number is 476-5335. Please call me at your convenience if you have any questions
regarding the above.
ff,cerel1 . ~
~~-
Martin Miller
Associate Planner
-=.... .............
cc: Linda Kaufinan, H.G. Fenton Material Company
Lynne L. Heidel, Lawyer for Fenton Material Company
Eddy Kubota, Project Manager, CM!
David Christensen, Assistant Vice President, CM!
Ann Moore, Assistant City Attorney
Ken Lee, Assistant Planning Director
Doug Reid, Environmental Review Coordinator
Barbara Reid, Associate Planner
Cliff Swanson, City Engineer
Ken Larsen, Director of Building & Housing
Miguel Tapia, Community Development Specialist II
CITY OF CHULA VISTA
08/05/97 TUB 10:41 FAX
1iII002
Attachment if
CDW.....O ,.. WHITTU:III
III""."AL A. eCAltIll
.....TTHI:W ^. PI;TE..ON
LAllI..,. N. .. U.....NE
wilEN......." L. CUSICK
PETER.SON &$ PR.ICE
A P'IU)FES510NA.L C:OIllJ'OkATlQN
L.\ WTEIl.$
530 . S'T'R.UT, .sUITS 2300
SAN DlacO, CAUFORNIA 92101-4<164
TBLEPHONI
61&-23_
FAA
(tII9J 23+47l1lI
1,""""",,'1'
"~C".'-:'N~.IC&.CO"
O,.C:OU_.L
.-AU," A. PIETE".ON
August 5, 1997
49~~8'2
via fax. u.s. mail
Mr. Martin Miller, Associate Planner
Planning Department
THE CITY or CHULA VISTA
276 Fourth Ave.
Chula Vista, CA 91910
~~~~:~J
Re: Mitigated Negative Declaration No. IS-96-08
Dear Martin:
As a follo~ up to our conversation this morning, it is our
understanding that the City has agreed to limiting the MMC'.
inspections and visits to once every other week for the first
year. Thereafter, the MMC shall perform monthly inspections or
upon the request by the City. Our client is hopeful that, after
the first year or even during the first year, if there are no
ongoing problems or issues that the MMC could be suspended until
as needed.
The only other issue our client continues to have is with
regard to the language which relates to the ponding on Faivre St.
our client's engineers have provided the City with evidence
indicating that the drainage and ponding problems have existed at
that location for many, many years. As you know, it is our
client's opinion that the City is responsible for correcting this
storm water drainage issue. Although our client would prefer to
08/05/97 TUE 10:41 FAX
141003
Mr. Martin Miller,
August 5, 1997
Page 2
Associate Planner
have the "cl1c=ta" deleted, our client wanted to establish for the
record that it doesn't agree that the ponding occurs in part
because of unpermitted filling and grading of the drainage area.
We appreciate your willingness to work with our client to
resolve these issues. At this point, our client is prepared to
sign the Mitigated Negative Declaration and proceed with the
hearing as scheduled.
Should you have any questions, please don't hesitate to
call.
Sincerely,
PETERSON & PRICE
A~'~l' :;r.t1~
Matthew ~~ Peterson
CCI Barbara Reid, Assoc=iate Planner
Dave Christensen, Assistant Vice President, C.M.I. Inc.
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PROJECI' ~Faivre Sl
ADDRESS: """
I'ItOJECf DESCRlmON:
SPECIAL USE PERMIT
Request: To continue using parcel for truc:k
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