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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. -----~-~,~- 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 (m: \home\plaoning\martin\cmi\9606ra. res) 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 (m:\home\planning\martin\cmi\9606ra.res) 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]: (m:\home\planning\martin\cmi\9606ra.res) 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 (m: \home\plaw1ing\martin\cmi\9606ra. res) 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 ~ ~ ~ '"' s ~ ~ ~ E-< ~9~ O~~ E-<ch~ !:2~O OOr= :gr-o...;! Z -< o u ~ Z -< 0 r:a ~ ~ ~ ~ =:: <.> <:: ~ .- -::: ~ ~ ~ 01 g;j ~ E-< Z o ::;: ~ ~u ::E~......i ~ L.lj 1iJ ~~ '3 <.> ... ~ - 0 <:: e .. 0 ..,~u 0.._ b.O 00"8= o .- u 0 ... 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S b.() ., ~ ","- ., 11 :.::: OJ::: a... ;: ~ .::: :.:::: ""15.,..~.,.,5'.0!;>, ~~~:e ~'5~ ~ "-' o c: .S ~ .- "0 I:: o u '" '" '" "0,,; "'~ c;9 "'10 80'\ ~ch o..~ S::> .- en CI,) .~ .D a o '" "'~ ca '" - '" ca::J -1iJca .- '" u .- '" "<::0.. Eo< en '" "0 ;::s U I:: .- ] c:: ~ .9 0 ~@" 8 ;., u:;;; '" '" .- '" .:; ~ ... ... o '" :~ ..c:: c,,", o ,- S"<:: C ~ .~ -1iJ ~ u '" :::;; g ::iS~ '" 'jg ..<:: '" E-"O ~~1!~..Q c ~ ;.;. 0_ OJ __......c~.= <:! t;Ij I: ... 't! ~~~c~ '" .... .... '5j '8 ~ - " Q,) ~ u ~... ~ ~Ii:~~~ 8~.,~~ ~1::'5....~ ::: 0- OJ ~ ~~~~~ OJ OJ "t:S fOo::I ~ s!i~..:s'5 ~ ::t .~ C' ~ .!!1~.,~'S ~e.)'t)::::"t:S ~ <:!..", ?, c ~~~~'5 ~ ;. ,~ "t:S ~ E~C~~ ~ ~ ~ .... ~ ""'-.;:......;: ~ .,' ~ ~ ~ c b.() '" c .... ~ .s ~ e.) ;:: .,ge~~~ '" c;;::, '" ., c i:~._~~ ~ ~ ~:::::: ~ '" ~ "'" <:! ~ ;::..... ,,:;:... Q v:i .Q fOo::I v:i '" ., ..\( 'I:: ., fOo::I ~ ~ ,_ ~ <:! '- ., "=' '- 't:: ., rS! = ~ rS! '- 1:.... <:! .,....~ '-c:,"'~!i~" .;:'t!c::t~'5 ~ .~ ., I: ~ '" '" ~ ~ i:i 'I:: !Ii :.aQ.;;i::!"';,:::C ::: ., '" <:! " I: ::s'S.:;~~~ w -- I " . ' , \ I ' , I I I J I 11 I ~L1- " I I . F-, " " I' ii I ii i i i\ !t;;1 i ~' :~rr ,I 12; v- i-----! 1;;;\ L II~~\ MAIN 5T ~.;i"<;~ ......: ~I I I i I C'TP [ ,-. I ~~ -<(- I~ r ~"df'. "~;: ~w _ I~l I CliY OF CHULA VISTA I I I I CliY OF SAN DIEGO .... v> PROJECT LOCATION WHITElANDS "" u.J .... v> :::; ~ o I Il~ I I , 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 . ~~..A ~ ?~ -;:t!~,~ y:f A ~ G"~- -j/.k ~ - / ? '/ c1- ~-<-7-'f.-<--<- # ~: .~L,~ 4 f?l :sj63/b 69! 5171 MERKEL & ASSOC, INC. CaULA VISTA ENGINEER~G oS " .~ -= ~ ~ ... f~1 .. .~ Q - i < ~~ i ~~ '" ~<.-;J 2 ~<..., u Ii: Ii>' u~ '> !< ... i .- '" " N -~-;;"" 1~; .,,1,1" d<= ~.!!'~ "cS~ i~ lb 1 t:I~\O .: '" ~-,., Jl;UN I!:ii'? Ii ...I? ",,<J~ I.~ a:2'~ '"'Uo .Ii ~ i ~i. ","'- JX '" - ~i~ 4...~ 1! ...'!! .. -.... 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E,lj~ - :M:E:M:O 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 . '~, ".,'.', ) .,:,,:/,~,::/' ~~Jt '1ifl''<...{ ,: j i\ ~\ o o .;;; .;; ON~ ~<'" ~ -= o~, "'~~ -'"'" !::c=oo 01.1....1_ .~:a =8 ~ov;;~ i ,:c < ~ ~ u " 0 <5 .5 '" ,;; ~ ~ 0 ~ ~~ -" ~ 0 o~ U -0.(0'.1 E <oO <oO 'EF:o u N .I;:?: <;;-.0 ~<.,., ~ ~ '" 0 o oO ....-f") ~u~ == oO :Ju~ 0 oO UM '" UM U 0 !-<M e-~ "<M u<;;;; ~ -~ ~<o ~.!~ tlJc- :=U"';' ~Ur-;- ';::00:50 Eu'7 E:9O? 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N a~ ~-o ~~- u aM ..."'~ 0"2 .... .. u u ~ ~'C o.u c.", ~.~ c ~ ~ E ~~ -ci ;:; .. u '00 o o. .Eq~ 00:>", ~ .:~ d ~ Y), :O6~ BgO' ; III 0 u>~ o o N'C 'C ~ IU o ~ o u -0; o;~-:;- u - c ::i"2.2 5c.!2 'C " ~ ~ ~ E w.E.u '" ~ _0 -"'0 ~~ ao ..., u'O~ EcM oaM "Do:::- _uM ~o~ -;;- c .~ ;; u .. .- 0;; D. >,0. o a N'O '0 c Iii':;: a u '0 u ~ .. E ; "1;0 "'~ J~ ~ ~ -: ef:Z ~~~ E~- ~oS "",,, ~"'~ .~ o~ ...~- < "'Q 5 u~oo , a .. o..c- N. u :: E - 0__ g Q.,::::'u U :z "i a Co u ~tio..,. .~ ~ ~ ~ 'C ~E-"1 'C..cM <eN "'a~ .~ ~ g ci)~~ ". U o ..J ,.:. '" ::> O'C~ 'Oc'C ~ .. ~ (I::J c: g ~";;; Co U ~ E 000 ....J.::: u , u 0 ..,..c .- ",_c o ~:o <~- ~O '" '" .-i N '" .-i 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 II' . ,-S:=- .. AVe ,.I ~,_.. " .-1 ." n ~ .. , i , I I : ' \ I I I I I ~ ~.... -. " 4 ' . 3 .....~_.__.~~ , . ~ ... ~ t&...........J ~} - ,0 t Project Vicinity Map Source: USGS 7.5' IMPERIAL BEACH QUADRANGLE Figure 1 Scale: 1"=2000' Mernel & Associates, Inc. - M <;> 0. ~ ~:.. .. '1~:"'I'~'" ..';.i~{"'''''' t -B.. ' ' ", i ~:IA .:n..:J., "'~jl~+' :~,'Jr'1~", :,' .:;~~~~ ..,~rn' "fIr:" . i'.';', ~"" ,c. d t. ~~ " i#!: \ . .. ~.. ~,!.. _I';;~~;'k:-".: '.,.' }"~\~!{~:r' :-,.,~--. - ~-"- i , ,( ~':-:""-~: f;IiI'.... = ~, <,~ f;IiI, .~ " <~[ < 0-, ~ :ik 1'<1. ..;I.." - ,.t. :s .., .E=.I' ,.:i )1 ; ,J ! i ! i ; I ! 1 ...... . ".... . ;,t:~:.. i ~;;.."~~';~~:~: ' :'.;,,, ' .'..' . ",I t.. .,,1 B , ""In.. " ~ ..,.' ....".. " . fo', .: :..-T ~. .I- '-. . .......-..-..-.. -.. -.,.... t' --'" .. .... '-" t -~ ri :/-""__- i _._,::.,::-:o>~ ~':,:' ~:j r ~,.,-'-'-_~:-~r~/'i:~:,~~~i,~> iN 1>: .. oS ~ " 'g ~ -..: "tI ~ ~ j rn E i'-i f ~ f;I;o - ~ ~!P. 4. WD ~:44f~ u~uur '-LlA LN~LTS 519/~'3-1777 I/o. 8898 P. 2/4 r- Merkel & Associates, Inc. US! Murphy Clnyon Roact. Suit. '20. San Diego, CA . 82123 Pb. (81;) 56t).S465 . Fa (61;) 573-OQ6; .. 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 -- _. --" .--- ... u_ __ .sep. 4.1996 9:45AM GR' DELTA CNSLTS 619/573-1777 ~ Ho. BB9B P. 3/4 Merkel & Associates; Inc." .wss Murphy Canyon Road, SUIte 120. &an Diego, CA . 82123 . . Pb. (S18) 5eO-5455 . Fa: le18) sn.oDIS9 -' . Ju,1y 31, 1996 MW 9S-04~1 . . , . Ms. Terri Dickmou StrumW ~e<"~J . . c;a1iforDia Department of FJ&h IIId Game P.O. Box 66S1 Lquna NiJue1, CA 92607-6657 " . , . " . . . " .. , . .' , '. 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 , . . . ." " , . .. ) .,. "-"" , BioIo;ical CoMuq . .EnvirOI.n..m.t '"'-"'''IV . HItIIIat ReIIoIlllion:. EcoIo;iOII MaI~~4 ., -.;<:>' WSE WELDERS SUPPLY & EQUIPMENT COMPANY A Division of MATHEWS & COMPANY since 1946 AP.") . " Jl_t .:,' :1.:.;::~ '. 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 ~. , ! ! '" 17Us space for Recorder's use, only J;. ,_."."',,.,~ _~.,,_ ..om..... -.-...- 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 ) I L 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 ~ ~ . $1 ~ . 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 * ~<..-s.~'~':1>~~....:,.S..................;....-.....:::.c....<"'''''':'''''~'''''''<'''<'''<'''<'''<'''<'''''''-'''''~~'''''~S.S<~,:S""",>~<"'s,~~,<..c..._~,,,><..<..<...<..S.S<..S<...<..<...<.........._c............-....~s."'::,.~<..........'-......~<..."'->'><...s,<:,."'><..S<..S~.........~~ C1993 NATIONAL NOTARY ASSOCIATION.. 8236 Remmel Ave.. P.O. Box 7184.. Canoga Part, CA 91309.71&.4 ,Ie of Calif ornia L} ". " 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) z ~I ~ ' 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 -)---- On , J I W /1 Y be, V", ~_ Doe......"'...."'''''''...... 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 ......... ,&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. :/' ,c_~,::.~c~~ ~i.~ ..... . ~ ~,. ~ ::<.:--'.. '..' ", . __Y-""'J"':::;:.z~.~,"'", ,I,', ~ ~~~~~.v"'~,~"1 r' ~""1::~~r:~~~3::~~~~~~r 'W .. " !z!;'~~Ji:t-.~~:~.~7..;-r;; ;~:'~:~,'~ ~-"~'~"R""""_"" .~~~lti~tt ."""Y-C>-1'>;.-r.J' ~.~-.:~"},..~~ WITNESS my band and official seal. \JUI ~\.(I .s~ At 't;l<' i- Signature . - a_, -...... a_ ..... C T..-c.J _0) T_. a..... ~, ~, -,- -,- .( ~ 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?- ~:.-: --'--.- ~~~.::= 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. I,.r ~- I- I ~ 1- I ~L1 - I I ~ Rxhihit~ 1 ) I ~ C-P ~ ST I ~. [ MAIN ~. ~ -....- -11>- -< ::> -0--- -u- .~ ~/~ .T. 2387 FAIVRE Sf ~~~ FAIVRE ST CAUFORNIA m MULTI.MODAl. INC. . FAIVRE ST L1LP CllY OF CHULA VISTA i I I I i CllY OF SAN DIEGO PROJECT LOCAnON WHITELANDS '" i;i :::; .... o J: . 1 CHULA VISTA PLANNING DEPARTMENT C) ~ I Fl.fNUM8ER: NORTH No SCale SUPS-96-06 ~ Fenton Material I CaIHomla : Multlmodal,lnc. ' PROJECI' ~Faivre Sl ADDRESS: """ I'ItOJECf DESCRlmON: SPECIAL USE PERMIT Request: To continue using parcel for truc:k and trailer storage. See previous CUP PCC-90-02. rp (,~ . " 'i :,,;q !07 . .' , ,". :,- J.P. J7. 1996 11:151.11 -tor Em mm 619/573-1777 h 5666 r. t/15 ! ':::;2] :JJ .., '> I : , TI-q. ~ >;:r--;' (- -. C .. ~ -! I i -1 .. I -D 10 ~ ~ i) If" . ~ ) - .. ~- - 9-.--' . , . ( .f) r: . ~ I' . T ~ .."" . . ,,:;-. u l; ~. ~i!' . . ~ --=.."" .. .. .... .... ~ ,- (, ....( , \r or- , ~ ,.- .. -t-._~ ~ ~ j, ............... ~ \ r'" .... .- ,.... . ..' .. Ctr -~ . -- -'--~ - --- .. . . ~H Q ::.p .r . r .",,-. ~ . "' - ~.r-...- I I ' ; c-4 l ~ '.f ~. .. I J J ~ e J J 1 ,