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HomeMy WebLinkAboutPlanning Comm Rpts./1997/07/23 AGENDA CITY PLANNING COMMISSION Chula Vista, California 7:00 p.m. Wednesday, Julv 23, 1997 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CALL TO ORDER ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE INTRODUCTORY REMARKS APPROVAL OF MINUTES - Meetings of April 29 and June 11,1997 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: PCC-97-39; Request for a conditional use permit for a federal government office and warehouse facility for the U.S. Department of Immigration and Naturalization Services at 2411 Boswell Road, within the EastLake I Planned Community - Western Devcon, Inc. 2. Preliminary Plans for Bayfront/Town Centre I Redevelopment Plan Amendments 3. PUBLIC HEARING: Continued Public 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-Modal, Inc. and H. G. Fenton Material Company (-more-) Agenda -2- July 23, 1997 4. PUBLIC HEARING: Special Use Permit SUPS-96-08(M); Request for additional day of operations (Wednesday) for existing swap meet operating Friday - Sunday at 690 L Street, within the 1- L and I-L-P zones - Victor Joseph 5. Update on Council items DIRECTOR'S REPORT COMMISSIONER COMMENTS ADJOURNMENT at p.m. to the Regular Business Meeting of August 13, 1997, at 7:00 p.m. in the Council Chambers. COMPLIANCE WIlli AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the Americans with Disabilitie. Act (ADA), requests individuals who may require special accommodations to access, attend, and/or participate in a City meeting, activity, or .ervice to reque.t .uch 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 Telecommunication. Device. for the Deaf (fDD) (619) 585-5647. California Relay Service is available for the hearing impaired. (ag7-23.pc) PLANNING COMMISSION AGENDA STATEMENT Item 1 Meeting Date 7/23/97 ITEM TITLE: Public Hearing: PCC-97-39; Request for a conditional use permit for a federal government office and warehouse facility for the U.S. Department of Immigration and Naturalization Services at 2411 Boswell Road, within the EastLake I Planned Community - Western Devcon, Inc. The request is to construct an office and warehouse building for the U.S. Department of Immigration and Naturalization Services. This building wil1 serve as a regional facility for administrative, classroom, and warehouse operations for the INS. The Environmental Review Coordinator has determined that this project falls within the scope of previous Environmental Impact Report EIR-84-1 for EastLake SPA I. Therefore, no further review is necessary. BOARDS/COMMISSIONS: The Design Review Committee is scheduled to consider the project design on 7/21/97. Staff wil1 report verbally on their action. RECOMMENDATION: That the Planning Commission adopt attached Resolution PCC-97-39 recommending that the City Council approve the project in accordance with the findings and subject to the conditions in the draft Council Resolution. DISCUSSION: Site Characteristics The subject site is a vacant, 4.3 acre parcel at the northeast corner of Boswell Road and Lane Avenue within the EastLake Business Park. The site is graded and leveled, and is ready for construction. Surrounding land uses include vacant land to the north (future residential) and east (future industrial), an industrial (freight) company to the west across Lane A venue, and an unoccupied industrial facility and vacant land to the south across Boswell Road. Page 2, Item 1 Meeting Date 7/23/97 Zoning and Land Use Zone Land Use Site North South East West PC (BC-Z, Mfg Service) PC PC (BC-2, Mfg Service) PC PC (BC-Z, Mfg. Service) Vacant Vacant / Future Residential Unoccupied Industrial Building / Facility Future Industrial per EastLake III GDP Industrial/Freight Company Proposal The proposed project consists of the construction of an approximately 54,000 sq.ft. office and warehouse building for the United States Immigration and Naturalization Services. Approximately 43,600 sq.ft. will be used for office space and classroom space, and 10,400 sq.ft. as warehouse space. ANALYSIS: Zoning As noted, the site is located within the EastLake I Planned Community. While the PC Regulations for the business park do not speak specifically to public/quasi-public uses such as this one, where PC regulations are silent the City's Zoning Ordinance, included in the Municipal Code, is applied. The Zoning Ordinance specifies that such quasi-public uses can be considered as unclassified uses through the conditional use permit process. As required by the Zoning Ordinance, these uses are reviewed by the City Council after recommendation by the Planning Commission. Operations The predominant use at this site will be office and administrative support uses for the INS. According to the applicant, approximately 115 permanent staff members will work at the site, arriving between 6:00 a.m. and 8:30 a.m., and departing between 4:30 p.m. and 6:00 p.m. The warehouse space will be used for storage of papers, forms and other office supplies for the region; the applicant estimates that there will be 5 to 10 truck deliveries per week. Additionally, training activities will be conducted at this site. Typical training topics might be language instruction or other similar classroom-type instruction. On any given day, it is anticipated that there may be approximately 50-100 personnel attending some type of training course at this facility. Page 3, Item 1 Meeting Date 7/23/97 There will be no processing of detainees or property at this location. Site Circulation/Truck Activity The site plan reflects that more than adequate parking has been provided to accommodate the office, warehouse, and classroom uses, and site circulation works well. The uses proposed are consistent with other permitted and existing uses within the land use district and the business park as a whole. Other establishments within the park include freight forwarders, mail distribution, professional offices, and light manufacturers. The only potential issue of concern relates to the loading dock and trucking activities proposed to be located on the north side of the building. This area will ultimately be adjacent to residential uses approved within the Rolling Hills Ranch subdivision. As noted, the truck loading activities will be a minor portion of the on-site operations (5-10 deliveries per week). Representatives of Bay Home Builders, developers of the Rolling Hills Ranch subdivision, have reviewed the proposal and have indicated that, due to grade differences between the two developments as well as planned perimeter walls and landscaping, they are not opposed to the project. As indicated, the uses proposed at this location are consistent with the land use district and surrounding uses. Staff has included a condition of approval which would require that any significant changes to the INS' operations (i.e. addition of new activities) be considered as a modification to this use permit. This would allow the City to review any new uses through the public hearing process. CONCLUSION: As stated, the proposed activities at this site are consistent with other uses within the business park, and all applicable zoning code requirements are being met. Therefore, staff recommends approval of the project, subject to the findings and conditions stated in the draft City Council resolution. Attachments I. Commission Resolution 2. Draft Council Resolntion 3. Locator/Plans 4. Disclosure Statement (m: \home\planning\patty\pcc9739. rep) ~- ATTACHMENT 1 PLANNING COMMISSION RESOLUTION RESOLUTION PCC-97-39 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN OFFICE AND WAREHOUSE FACILITY FOR THE U.S. IMMIGRATION AND NATURALIZATION SERVICES AT 2411 BOSWELL ROAD, WITHIN THE P-C ZONE WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on May 23, 1997 by Western Devcon ("Applicant"); and, WHEREAS, said application requests approval of a conditional use permit (PCC-97-39) to establish a public/quasi-public unclassified use of an office, classroom, and warehouse facility for the U.S. Department of Immigration and Naturalization Services; and, WHEREAS, the Environmental Review Coordinator has determined that this project falls within the parameters of the analysis conducted for EIR-84-1, and that no further environmental review is necessary; and, WHEREAS, the Planning Director set the time and place for a public hearing on said application report 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; and, WHEREAS, the hearing was held at the time and place as advertised, namely July 23, 1997 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission voted _ to recommend that the City Council approve said conditional use permit, in accordance with the findings and subject to the conditions stated in the draft City Council resolution. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Resolution PCC-97-39, recommending that the City Council of the City of Chula Vista adopt attached draft City Council Resolution approving the conditional use permit PCC-97-39 to establish an office and warehouse facility for the U.S. Department of Immigration and Naturalization Services. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 23rd day of July 1997 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Patty Davis, Chair Diana Vargas, Secretary ATTACHMENT 2 DRAFT CITY COUNCIL RESOLUTION RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OFFICE! WAREHOUSE FACILITY FOR THE UNITED STATES DEPT. OF IMMIGRATION AND NATURALIZATION SERVICES AT 2411 BOSWELL ROAD I. RECITALS A. Project Site WHEREAS, the property 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 2411 Boswell Road; and B. Project Applicant WHEREAS, a duly verified application for a Conditional Use Permit (PCC-97-39) was filed with the City of Chula Vista Planning Department on May 23, 1997 by Western Devcon (Applicant); and C. Project Description; Application for Conditional Use Permit WHEREAS, said application requests approval of subject Conditional Use Permit to establish a facility for the U.S. Dept. of Immigration and Naturalization Services to include office, classroom, and warehouse uses, at 2411 Boswell Road in the BC-2 (Manufacturing Service) land use district of the EastLake I Planned Community; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 23, 1997 and voted _ to recommend that the City Council approve the Project in accordance with Planning Commission Resolution No. PCC- 97-39; and, E. Notice of Public Hearing WHEREAS, the City Clerk set the time and place for a hearing on said Conditional 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 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 August 12, 1997 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on July 23, 1997 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby approves the conditional use permit based on the following findings and all other reports, evidence and testimony presented with respect to the proposed use, and subject to the following terms and conditions. ill, CONDITIONAL USE PERMIT FINDINGS The following findings are required by the Zoning Ordinance which governs the issuance of conditional use permits. The City Council of the City of Chula Vista hereby sets forth the following evidentiary basis for approval of the proposed Project: A. 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 facility for the U.S. Department of Immigration and Naturalization Services will provide a necessary support facility for this governmental agency, and the location is within a land use district that includes other similar uses. The facility will therefore contribute to the general well being of the community as a whole. B. 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 operations at this facility are similar to other operations within this land use district and would generally, for non-public users, be permitted uses. Therefore, this use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Conditional Use Permit PCC-97-39 is conditioned to require the Applicants owner to fulfill conditions and to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of PCC-97-39 is approximately proportional both in nature and extent to the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. D. That the granting of this conditional use pennit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of PCC-97-39 is consistent with, and will not adversely affect, the Chula Vista General Plan. IV. GRANT OF PERMIT The City Council hereby conditionally grants the Conditional Use Permit subject to the following conditions, whereby the Applicant shall: 1. Operate the Project as submitted to and approved by the City Council, except as modified herein and/or as required by the Municipal Code, and as detailed in the project description. 2. Obtain prior approval from the City for any significant change in operations at this site, (e.g. the processing of seized property or persons) in the form of a modification to this Conditional Use Permit. Any such modification would require the payment of fees and submittal of a revised application, and may include public hearings. 3. Comply with and implement all requirements of the Fire Marshal as related to conforming with the Uniform Fire Code and applicable Municipal Code requirements. 4. Comply with and implement all requirements of the Director of the Building and Housing Department as related to conforming with the Uniform Building Code. 5. Comply with and implement all provisions related to Title 24 (Part II), Disabled Access, to the satisfaction of the Director of Building and Housing. 6. Comply with all City ordinances, standards, and policies except as otherwise provided in this Resolution. Any violation of City ordinances, standards, and policies, or of any condition of approval of this Conditional Use Permit, or of any provision of the Municipal Code, as determined by the Director of Planning, shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. 7. This permit shall be subject to any and all 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 shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, 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 economically recover. 8. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 9. Pay all costs associated with implementing any of the above conditions of approval. V. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that 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. VI. TIllS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, TIllS 5TH DAY OF AUGUST 1997. Presented by Approved as to form by Robert A. Leiter Director of Planning John M. Kaheny City Attorney ATTACHMENT 3 LOCATOR/PLANS II ROLLING HILLS RANCH (FUTURE SUBDIVISION) N.I.F.C.U. LI~~F~9M FR~'I~HT PROJECT LOCATION -- BOSWELL RD. , w ::> VACANT Z WilLIG W VACANT ~ VACANT FREIGHT LINES W -------- z :5 S~~~RE ! (PRIVATE) VACANT VACANT / NEllCOR INC. CHULA VISTA "(i5 =, No Scale PLANNING DEPARTMENT PROJECT IMMIGRAnON & NATURAUZATION APPliCANT, SERVICES (Western Devcon) PROJECT 2411 BOSWELL RD, ADDRESS, PROJECT DESCRlPnON, CONDITIONAL USE PERMIT NORTH I FILE NUMBER: PCC-97-39 Request: Proposal for a 54,613 sq. It. governmental office building w~hin the Eastlake Business Center I. Related Case: DRC-97-44 !-1: \n()(r1~ \pklnni ng\cOl io~,\carios\locotms\pcc9 739 .cdr 5/30/97 r i ....,.......,_._-,- !I'III!!!IIWjll II.,! 11,:lli,l,h ill!1 ~. 11,1 !'I! ,I ,I iI'- .' 'III 'I,!IH !II:!!!!:! III' ; Wj I!II':'I h,l !' 1"11 I,'! 1'1 "'I! I " Q1h ~ i '! h "j"ljljj.il'I,!"t !!,III*:'I ;1' 1'1111111!'1 ,I IiiI' ' "Uff ~111i!~ I~I'I~ I';.'!':~ I ~ 'I r'~ "Ii,. lUll! ~. I ,11'1 Ii -- SQ ~ ~ .' Pij ~ 5;:' ~~ :) iji!'I'il!j Ii! ,4il I! '11'1 ~II'!I~ "'1,il:1 ~I II!!! '" !il : irl'i'~~ ~,'! 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I' ~!~(inj'l ., ., i i 11 I I: :!ri ~ ~ci)~ ~ ~ , 1 il Irrilllli" (')gs)o.)..c;) I I i i , t:~t::~~ , ,I I 1II",!!!i! " I I' I! I I I j!lilfi:: ARCHITECTURE PLANNING INTERIOR DESIGN :>! ~&5~ ,~ , :1 :1 ::; 0 U) ! I I 1",-.,., ,_............_~...,''''...._.....",...."....,......'''-.,.......,... ~ o Z I 'I , ,,::"" Z ATTACHMENT 4 DISCLOSURE STATEMENT TIf Y OF CHULA VISTA DISCLOSURI .TEMTh'T You arc required 10 file a Slatemenl of Disclosure of cenain ownership or financial interests, payments, or campaign cohlrihulions, on all mailer> which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, conlraelOr, subcontraetDr, material supplier. Michael P. Ibe 2. If any person> idenlified pursuant to (I) above is a corporalion or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or Dwning 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 bcnenciary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes_ No-X. If yes, please indicate person(s): _ 5. Please identify each and every person, including any agents, employees, consultants, Dr independent contractors who you have assigned 10 represent you before the City in this matter. Joe Beauchamp Gene Cipparone 6, Have you and/or your officers or agenls, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding elcction period? Yes_ No2:>:;. If yes, state which Councilmember(s): Date: May 22, 1997 > > > (NOTE: Attach addiliooal paU Signature of contractor/applicant Print or type name of contractor/applicant . PmmJ U deft/led as: "AllY imfj~'idJ.J.QI, finn.. co-prJrT1ltrship. joinJ vmlUT!, association, soc;m dub, fralmUJI orga1lWU;011, corporadoll, eslalt, tn.t.n, receiver, syndiCQle, Ihlr QJuJ tvI)' oUter (OU111)', dry alld COU/II1)', city 1TIwljcipD/il)~ district, or odir:r political subdivisioll, or allY olhcr group or combinatioll acwlg QS Q ww. " .~'-_._~ c- PLANNING COMMISSION AGENDA STATEMENT Item 2 Meeting Date 07/23/97 ITEM TITLE: PRELIMINARY PLANS FOR BAYFRONT/TOWN CENTRE I REDEVELOPMENT PLAN AMENDMENTS BACKGROUND: The City of Chula Vista currently has five separate redevelopment project areas, including the Bayfront Redevelopment Project Area, established in 1974, and the Town Centre I Redevelopment Project Area, which was established in 1976. The Bayfront Project Area generally encompasses the properties surrounding the Port District property west of Interstate 5. Currently, the Port District property is excluded from the Bayfront Project Area. The Town Centre I Project Area is generally located along the east and west side of Third Avenue, between E and I Streets. Earlier this year, the City of Chula Vista Redevelopment Agency (Agency) requested that staff proceed with amendments to Redevelopment Plans for the Bayfront and Town Centre I Redevelopment Projects. The purpose of amending the existing Redevelopment Plans for these two Project Areas are to extend the life of the project area to allow additional time to remove blighting conditions and impediments that prohibit the Agency from completing its redevelopment program goals and objectives in each Project Area. In addition, the Agency is seeking to amend the Bayfront Redevelopment Plan to add approximately 145 acres of Port District property to the Project Area to facilitate the redevelopment of these properties as well. The California Community Redevelopment Law ("Law") permits redevelopment agencies to amend adopted redevelopment plans. The Law sets forth a specific procedure for amending redevelopment plans, which includes the preparation of the various documents to substantiate the necessity and benefit of the proposed amendments. Upon the receipt and review of these documents, the Agency and City Council are to conduct a noticed joint public hearing to receive public input. The entire plan amendment process takes approximately seven months to complete. The first step in the process to amend the Bayfront and Town Center I Redevelopment Plans is the approval and adoption of Preliminary Plans for both amendments. If the Planning Commission adopts the attached resolution which approves the Preliminary Plans for the amendments to the Bayfront and Town Centre I Redevelopment Plans, the plan amendment process will be initiated. ,r- City Planning Commissit. Agenda Item for Meeting of July 23, 1997 Page 2 It should be noted for funJre reference that the Port District is currently reviewing a revision to the existing Chula Vista area Port Master Plan. If the Port adopts revisions to the Master Plan (land use plan), the City's General Plan Land Use Element will need to be amended to make the plans consistent. There are two ways of accomplishing the General Plan Amendment: I. Amend the Redevelopment Plan and the General Plan to be consistent with the new Master Plan after the Master Plan is adopted. 2. In anticipation of the revision to the Port Master Plan, the City could start a General Plan Amendment at this time. Then, the Redevelopment Plan and the General Plan would be consistent with the revised master plan if the Port District adopts the proposed revision. In addition, staff is currently evaluating the possibility of a modification to the City's current Bayfront Specific Plan land use plan which could result in a Local Coastal Program Amendment in conjunction with the adoption of the Redevelopment Plan and General Plan Amendments. These issues are presented to the Planning Commission at this time for information only. RECOMMENDATION: It is recommended that the Planning Commission adopt: The attached resolutions approving: (1) a Preliminary Plan to Bayfront Redevelopment Plan, and (2) a Preliminary Plan to amend the Town Centre I Redevelopment Plan. DISCUSSION: As proposed, the Agency would simultaneously undertake the Amendment to the Bayfront Redevelopment Plan and the Town Centre I Redevelopment Plan. Both amendments are discussed below: Amendment No.5 to the Bayfront Redevelopment Plan The proposed Amendment No.5 to the Bayfront Redevelopment Plan would accomplish the following: . Increase the size of the existing Project Area by incorporating approximately 145 acres of Port District territory, · Establish a new 12-year time period, commencing from the date of adoption of the Amendment, within which the Agency may initiate eminent domain proceedings on private property within the existing Redevelopment Project Area boundaries, . Extend the Agency's time frame to incur indebtedness with respect to the Existing Area from July 16, 1999 to January I, 2004, ,- City Planning Commissk Agenda Item for Meeting of July 23, 1997 Page 3 · Extend the effectiveness of the Plan with respect to the existing Project Area boundaries from July 16, 1999 to July 16, 2014, · Extend the Agency's time frame to collect tax increment revenue with respect to the existing Redevelopment Project Area boundaries from July 16, 2009 to July 16, 2024, and · As necessary, modify the tax increment revenue in bonded debt financial limits and update other provisions of the Redevelopment Plan. The above amendments will provide the Agency with sufficient legal and financial means to eliminate identified blighting conditionss and complete redevelopment activities within the Bayfront Redevelopment Project Area. Also, the addition of the 145 acres of Port District property, previously excluded from the Project Area, will enable the Agency to alleviate blighting conditions impacting these properties, while coordinating the overall redevelopment effort within the entire Bayfront area. Amendment No.5 to the Town Centre I Redevelopment Plan The proposed amendment to the Town Centre I Redevelopment Plan would encompass the following: · Establish a new 12-year time period within which the Agency may commence eminent domain activities within the Project Area, · Extend by approximately 2-1/2 years, the time frame within which the Agency may incur indebtedness on behalf of the Project, from July 6, 2001 to January 1, 2004, · Extend the effectiveness of the Redevelopment Plan from July 6, 2001 to July 6, 2016, · Extend the Agency's time frame to collect tax increment revenue from July 6, 2011 to July 6, 2026, and · As necessary, modify the tax increment revenue and bonded debt financial limit and update other provisions of the Redevelopment Plan. Without the Amendment No.5, the Agency would need to finish all redevelopment activities in the Town Centre I Redevelopment Project Area within the next four years. This four-year time frame is not sufficient because it does not permit the Agency sufficient time to remove blighting conditions impeding redevelopment projects and programs, or collect tax increment revenue. However, by extending these time limits by approximately 15 years, the proposed Amendment No.5 would provide the Agency the legal capability to remove persistent blight in the Project Area. City Planning Commissk__ Agenda Item for Meeting of July 23, 1997 Page 4 Analvsis The contents of the Preliminary Plans are prescribed by Law. The Preliminary Plans include a description of the boundaries of the Project Areas, a description of the existing land uses, layout of principal streets, and proposed population densities and building intensities, general objectives of the projects, as amended, a statement of conformity to the City's General Plan, and a discussion of the potential impacts of the projects to the surrounding neighborhoods. Approval of the Preliminary Plans does not connote final approval of either amendment. Approval of the amendments are scheduled to be considered by the City Council after the first of the year, following a joint City Council/Agency public hearing. By adopting the Preliminary Plans, the Planning Commission is only initiating the process to prepare the Amendments, and is not "approving" a project (i.e. the Amendments to the Redevelopment Plans) in context of Section l5352(a) of the Public Resources Code. Consequently, adoption of the Preliminary Plans does not require CEQA clearance. However, over the coming months, environmental documentation will be prepared, circulated, and certified by the Agency prior to its consideration of the Amended Redevelopment Plans. Conclusion Approval of the Preliminary Plans initiates the process to amend the Bayfront/Town Centre I Redevelopment Plans. The amendments are necessary to enable the Agency to eliminate blight that continues to persist within the existing territories of the Project Areas, as well as physical and economic conditions that exist within the 145 acres of Port District property proposed to be added to the Bayfront Redevelopment Project Area. Over the next several months, the specific blighting conditions in the Project Areas and the proposed Added Area will be studied and documented. The findings of the remaining blighting conditions, along with an analysis of how the amendments will specifically alleviate these blighting conditions will be presented to the Agency and City Council during the plan amendment process. Also, the Planning Commission will have another opportunity later this year to review the text of the proposed amendments to the Redevelopment Plans to make a determination whether it is in conformity with the City's General Plan and to consider a recommendation to the City Council. Attachment. 1. Planning Commission Resolution 2. Preliminary Plan for Amendment No.5 to the Bayfront Redevelopment Plan 3. Preliminary Plan for Amendment No.5 to the Town Centre I Redevelopment Plan H:\HOME\COMMDEV\BUCHAN\SRPRPLIA.DOCJuly 17, 1997 7:02am RESOLUTION BF RDPP No. 5 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A PRELIMINARY PLAN FOR THE AMENDMENT TO THE BA YFRONT REDEVELOPMENT PLAN WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1541 on July 16, 1974, approving and establishing the Redevelopment Plan for the Bayfront Redevelopment Project ("Project"), and the City Council has since amended said Redevelopment Plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No. 2146, on January 4, 1994 by Ordinance No. 2585, and on November 8, 1994 by Ordinance No. 2608; and, WHEREAS, the City Council desires to proceed with an amendment ("Proposed Amendment") to the existing Redevelopment Plan for the Bayfront Redevelopment Project ("Existing Plan"); and, WHEREAS, it is contemplated that various provisions of the Existing Plan would be amended; and, WHEREAS, a draft Preliminary Plan has been formulated and received by the Planning Commission in the form submitted herewith; and, WHEREAS, the objectives of the Project, as well as the public health, safety, and welfare, would be furthered by the Proposed Amendment. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission hereby: Approves the Preliminary Plan for the Amendment No. 5 to the Bayfront Redevelopment Plan as submitted herewith as Exhibit A; and Authorizes and directs staff to transmit the Preliminary Plan, together with a copy of this resolution, to the City of Chula Vista Redevelopment Agency for their consideration. A copy of this resolution shall be submitted to the City Clerk's Office. chulalbayfront\resprep! Reso. BF RDPP No. 5 Page 2 PASSED AND APPROVED BY THE CITY OF CHULA VISTA PLANNING COMMISSION this 23rd day of July , 1997 by the following vote to-wit. AYES: Chair Davis, Commissioners Aguilar, Willett, Ray, Thomas, O'Neill NOES: ABSENT: Commissioner Tarantino ABSTENTIONS: Chairperson ~ s~,,"" 1 chula\bayfront\resprepl EXIDBIT "A" PRELIMINARY PLAN FOR THE AMENDMENT NO.5 TO THE BA YFRONT REDEVELOPMENT PLAN chula\bayfront\resprepl . . . . . . BayfiontRedevelopmentPlan -AmendmentNo. 5 Preliminary Plan . . . . . Prepared for: City ofChula Vista Redevelopment Agency 276 Fourth Avenue Chula Vista, CA 91910 RIti' ,-'" - .... . 'II .' "''''..'.'''' . .-i@l Rosenow Spevacek Group, Inc. 540 N. Golden Circle, Suite 305 Santa Ana, CA 92705 Phone 714.541.4585 760.967.6462 Fax 714.836.1748 E-Mail: RSGINCCA@aol.com . . . PRELIMINARY PLAN FOR AMENDMENT NO.5 TO THE BAYFRONT REDEVELOPMENT PLAN TABLE OF CONTENTS SECTION I. INTRODUCTION............................................................................................1 SECTION II. PROJECT AREA LOCATION AND DESCRIPTION ...............................2 SECTION III. GENERAL STATEMENT OF PROPOSED PLANNING ELEMENTS...3 A. Land Uses ...................................................................................................3 B. General Statement of Proposed Layout of Principal Streets ......................4 C. General Statement of Proposed Population Densities................................4 D. General Statement of Proposed Building Intensities..................................4 E. General Statement of Proposed Building Standards ..................................5 SECTION IV. ATTAINMENT OF THE PURPOSES OF THE REDEVELOPMENT LAW..................................................................................................................5 SECTION V. CONFORMANCE TO THE GENERAL PLAN OF THE CITY...............5 SECTION VI. GENERAL IMPACT OF THE PROPOSED PROJECT UPON THE RESIDENTS OF THE PROJECT AREA AND SURROUNDING NEIGHBORHOODS .......................................................................................6 EXHIBIT 1 PROJECT AREA MAP PRELIMINARY PLAN FOR AMENDMENT NO.5 TO THE BA YFRONT REDEVELOPMENT PLAN I. INTRODUCTION This is the Preliminary Plan ("Preliminary Plan") for the proposed amendment to the adopted Redevelopment Plan ("Existing Plan") for the Bayfront Redevelopment Project ("Project"). The City of Chula Vista Redevelopment Agency ("Agency") desires to undertake an amendment to the Existing Plan ("Amendment") pursuant to the California Community Redevelopment Law ("Law") to: (I) increase the size of the existing Bayfront Redevelopment Project Area ("Existing Area") by incorporating approximately 145 acres of territory ("Added Area"), (2) extend the time periods within which the Agency may commence eminent domain proceedings (with respect to the Existing Area only), incur debt, undertake redevelopment activities, and collect tax increment revenue, and (3) as necessary, modify tax increment revenue and bonded debt financial limits and update other provisions of the Existing Plan. If adopted, the Amended Redevelopment Plan ("Amended Plan") will supersede and replace the Existing Plan, and will guide all future redevelopment activities, projects, and programs in the Bayfront Redevelopment Project Area ("Project Area"). The Amendment, however, will not affect the Project's existing obligations or indebtedness. The Existing Plan was originally adopted by the City Council by Ordinance No. 1541 on July 16, 1974. Since this action, the Existing Plan has been amended on four separate occasions. On July 17, 1979, the City Council adopted Ordinance No. 1872 that merged the financial provisions of the Existing Plan with the Town Centre I Redevelopment Plan. On April 22, 1986, the City Council adopted Ordinance No. 2146 that amended the Existing Plan for a second time by enacting new time limits to enact eminent domain and incur debt, while establishing a cumulative tax increment limit. Amendment No. 3 was adopted by the City Rosenow Spevacek Group, Inc. July. 1997 Chula Vista Redevelopment Agency Bay/ront Amendment No. 5 - Preliminary Plan 1 Council on January 4, 1994 by Ordinance No. 2585, when the City Council amended the tax increment and bonded indebtedness limits for the Project. The fourth amendment to the Existing Plan occurred on November 8, 1994, when the City Council adopted Ordinance No. 2608 that established a time limit on the collection of tax increment. As proposed, the Amendment would correct constraining provisions of the Existing Plan that inhibit the Agency's ability to complete its redevelopment program in the Existing Area. Also, by incorporating the proposed Added Area into the Project Area, the Amendment will permit the Agency to correct physical and economic blighting conditions throughout the entire Bayfront area. This Preliminary Plan has been prepared in accordance with Section 33324 of the Law, which states that a preliminary plan should: (a) describe the boundaries of the project area; (b) contain a general statement of land uses, layout of principal streets, population densities, and building intensities and standards; (c) show how the purpose of the Law would be attained by such implementation of the redevelopment plan; (d) show how the proposed redevelopment plan conforms to the general plan; and (e) describe, generally, the impact of a redevelopment project upon residents of the project area and surrounding neighborhoods. II. PROJECT AREA LOCATION AND DESCRIPTION The Project Area is located in the City of Chula Vista ("City"), San Diego County, California. Situated along the San Diego Bay in southwestern San Diego County, the City is adjoined by the City of National City to the north, the City of San Diego to the south, the San Diego Bay to the west, and unincorporated San Diego County to the east. The City was incorporated in 1911 and is approximately 32,066 acres in size. Rosenow Spevacek Group, lnc. July, 1997 Chula Vista Redevelopment Agency Bayfront Amendment No. 5 - Preliminary Plan 2 The Existing Area is located on the west side of the City, and is generally bounded by Interstate 5 to the east, the City limits to the north, and L Street on the south, and the San Diego Bay and San Diego Unified Port District ("Port District") properties to the west. The Existing Area is 637 acres in size, and constitutes approximately 2.0% of the total area of the City. The primary existing land uses within the Existing Area are industrial and commercial. As proposed, the Added Area would incorporate the Port District properties and fully extend the Project Area boundaries to the San Diego Bay. The Added Area is bounded by the Existing Area to the east and north, and the San Diego Bay to the south and west. The Added Area encompasses approximately 145 acres, or 0.5% of the City. If the Amended Plan is adopted, the Project Area would be comprised of both the Existing and the Added Areas, and would total approximately 782 acres. The boundaries of the Project Area, including separate designations for both the Existing and Added Areas, are depicted on Exhibit I. III. GENERAL STATEMENT OF PROPOSED PLANNING ELEMENTS A. LAND USES The land uses permitted in the Project Area shall be in conformance with the City General Plan (the "General Plan"), the Local Coastal Program, the Port District's Master Plan, the Zoning Ordinance of the City, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. Rosenow Spevacek Group, Inc. July, 1997 Chula Vista Redevelopment Agency Bayfront Anu!ndnu!nt No. 5 - Preliminary Plan 3 B. GENERAL STATEMENT OF PROPOSED LAYOUT OF PRINCIPAL STREETS The Project Area is served by a system of local public streets, and Interstate 5 connecting the Project Area to the greater metropolitan region. The principal streets within the Project Area include, but are not limited to, the following: Bay Boulevard G Street Lagoon Drive Marina Parkway Sandpiper Way Gunpowder Point Drive J Street The layout of principal streets and those that may be developed in the future shall conform to the Circulation Element of the General Plan and the Local Coastal Program, as currently adopted or as hereafter amended. Existing streets within the Project Area may be closed, widened or otherwise modified, and additional streets may be created as necessary for proper pedestrian and/or vehicular circulation provided they are consistent with the General Plan and Local Coastal Program. C. GENERAL STATEMENT OF PROPOSED POPULATION DENSITIES Permitted densities within the Project Area shall conform to the General Plan and Local Coastal Program, as currently adopted or as hereafter amended, and applicable ordinances and local codes. D. GENERAL STATEMENT OF PROPOSED BUILDING INTENSITIES Building intensity shall be controlled by limits on any or all of the following: (I) the percentage of the building site covered by the building (land coverage); (2) the ratio of the total floor area for all stories of the building to the area of the building site (floor area ratio); (3) the size and location of the buildable area on the building site; and (4) the heights of the building. The limits on Rosenow Spevacek Group, Inc. July, 1997 Chu/a Vista Redevelopment Agency Bayfront Amendment No. 5 - Preliminary Plan 4 building intensity shall be established in accordance with the provisions of the General Plan, Local Coastal Program, Zoning Ordinance, and local codes and ordinances, as they now exist or are hereafter amended. The land coverage, sizes and location of the buildable areas will be limited, as is feasible and appropriate, to provide adequate open space and parking. E. GENERAL STATEMENT OF PROPOSED BUILDING STANDARDS Building standards shall conform to the adopted General Plan and the Local Coastal Program, and the building requirements of all applicable state and local codes and ordinances. The Agency may consider more restrictive requirements and may incorporate such requirements into the Amended Plan in the interest of the public health, safety and welfare. However, more restrictive requirements are not contemplated at this time. IV. ATTAINMENT OF THE PURPOSES OF THE REDEVELOPMENT LAW The purposes of the Law are to protect and promote the sound development and redevelopment of economically and physically deficient areas, and to protect the general welfare of the inhabitants of the communities in which they dwell. By incorporating the Added Area into the Project Area, the Agency can employ the tools of redevelopment to embark on a thorough economic development program to remove impediments to development, correct incompatible and nonconforming land uses, and redesign obsolete buildings. Also, the Amendment would allow the Agency to more comprehensively attain these purposes within the entire Project Area by expanding the Agency's financial and legal authorities to alleviate conditions of blight, revitalize commercial areas, construct additional public improvement and facilities, and develop affordable housing. V. CONFORMANCE TO THE GENERAL PLAN OF THE CITY Rosenow Spevacek Group, fne. July, 1997 Chula Vista Red""elopment Agency Bay/ront Amendment No.5. Preliminary Plan 5 .~---~..__.,.. This Preliminary Plan conforms to the General Plan, and proposes a consistent pattern of land uses and includes all highways and public facilities as indicated by the General Plan, as it now exists or is hereafter amended. VI. GENERAL IMPACT OF THE PROPOSED PROJECT UPON THE RESIDENTS OF THE PROJECT AREA AND SURROUNDING NEIGHBORHOODS As amended, the impact of the Project will generally be in the areas of improved public infrastructure, facilities and services, improved living environment, increased and improved supply of affordable housing, and enhanced employment and economic activity. Redevelopment activities within the Project Area will provide for the improvement, development, replarming, redesign, reconstruction and rehabilitation of the area and the provision of commercial, industrial, residential, public and other structures and open spaces in the interest of the general welfare of the community. It is also anticipated that redevelopment activities orchestrated by the Agency will provide additional employment opportunities and enhance the environmental quality of the community. Thus, the benefits of the Project affect the immediate and long-range economic viability of the entire City. The Amended Plan will be implemented as sufficient financial resources are available. Redevelopment projects are intended to be phased over a period of time, with only a limited amount of direct activity at anyone time. Redevelopment projects will be subject to future review and approval by the City Council, Agency, Planning Commission and other appropriate bodies after input has been solicited from affected residents, property owners and other interested parties. Rosenow Spevacek Group, Inc. July, 1997 Chula Vista Redevelopment Agency Bayfront A_ndment No. 5 - Preliminary Plan 6 EXHIBIT 1 r- .. , I \ ~ '(1 s~~ O\€.c,O ? City of Chula Vista Bayfront Redevelopment Area I I Existing Area _ Proposed Added Area RESOLUTION TC RDPP No. 5 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING PRELIMINARY PLAN FOR THE AMENDMENT TO THE TOWN CENTRE I REDEVELOPMENT PLAN WHEREAS, the City Council adopted Ordinance No. 1691 on July 6, 1976, approving and establishing the Redevelopment Plan for the Town Centre I Redevelopment Project ("Town Centre I Project"), and the City Council has since amended said Redevelopment Plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No. 2146, on January 4, 1994 by Ordinance No. 2585, and on November 8, 1994 by Ordinance No. 2608; and, WHEREAS, the City Council desires to proceed with an amendment ("Proposed Amendment") to the existing Redevelopment Plan for the Town Centre I Redevelopment Project ("Existing Plan"); and, WHEREAS, it is contemplated that various provisions of the Existing Plan would be amended; and, WHEREAS, a draft Preliminary Plan has been formulated and received by the Planning Commission in the form submitted herewith; and, WHEREAS, the objectives of the Project, as well as the public health, safety, and welfare, would be furthered by the Proposed Amendment. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission hereby: Approves the Preliminary Plan for the Amendment No.5 to the Town Centre I Redevelopment Plan as submitted herewith as Exhibit A; and Authorizes and directs staff to transmit the Preliminary Plan, together with a copy of this resolution, to the City of Chula Vista Redevelopment Agency for their consideration. A copy of this resolution shall be submitted to the City Clerk's Office. chula\townctr\lresprep ""..- TC RDPP No.5 Page 2 PASSED AND APPROVED BY THE CITY OF CHULA VISTA PLANNING COMMISSION this 23rddayof July , 1997 by the following vote to-wit. AYES: Chair Davis, Commissioners Aguilar, Ray, Willett, Thomas, O'Neill NOES: ABSENT: Commissioner Tarantino ABSTENTIONS: ~~ Secretary 0' Chairperson chula\townctr\lresprep chula\townclrllresprep EXHIBIT "A" PRELIMINARY PLAN FOR THE AMENDMENT NO.5 TO THE TOWN CENTRE I REDEVELOPMENT PLAN . r-- . ...Town Cen1re lRedevelopmentPIan - AmendmentNo. 5 Preliminary Plan . . . . . . . . . Prepared for: City ofChula Vista Redevelopment Agency 276 Fourth Avenue Chula Vista, CA 91910 Imh.;;. '. .."-~"'w, '" . I'~~""""" Rosenow Spevacek Group, Inc. 540 N. Golden Circle, Suite 305 Santa Ana, CA 92705 Phone 714.541.4585 760.967.6462 Fax 714.836.1748 E.Mail: RSGINCCA@aol.com ,- PRELIMINARY PLAN FOR AMENDMENT NO.5 TO THE TOWN CENTRE I REDEVELOPMENT PLAN TABLE OF CONTENTS SECTION I. INTRODUCTION............................................................................................1 SECTION II. PROJECT AREA LOCATION AND DESCRIPTION ...........................,...2 SECTION III. GENERAL STATEMENT OF PROPOSED PLANNING ELEMENTS...3 A. Land Uses............................... .......................................... ...... ....................3 B. General Statement of Proposed Layout of Principal Streets ......................3 C. General Statement of Proposed Population Densities................................4 D. General Statement of Proposed Building Intensities..................................4 E. General Statement of Proposed Building Standards ..................................4 SECTION IV. A TT AINMENT OF THE PURPOSES OF THE REDEVELOPMENT LAW..................................................................................................................5 SECTION V. CONFORMANCE TO THE GENERAL PLAN OF THE CITY...............5 SECTION VI. GENERAL IMP ACT OF THE PROPOSED PROJECT UPON THE RESIDENTS OF THE PROJECT AREA AND SURROUNDING NEIGHBORHOODS .......................................................................................5 EXHIBIT 1 PROJECT AREA MAP ,,....- PRELIMINARY PLAN FOR AMENDMENT NO.5 TO THE TOWN CENTRE I REDEVELOPMENT PLAN I. INTRODUCTION This is the Preliminary Plan ("Preliminary Plan") for the proposed amendment to the adopted Redevelopment Plan ("Existing Plan") for the Town Centre I Redevelopment Project ("Project"). The City of Chula Vista Redevelopment Agency ("Agency") desires to undertake an amendment to the Existing Plan ("Amendment") pursuant to the California Community Redevelopment Law ("Law") to: (I) extend the time periods within which the Agency may commence eminent domain proceedings, incur debt, undertake redevelopment activities, and collect tax increment revenue, and (2) as necessary, modify tax increment revenue and bonded debt financial limits and update other provisions of the Existing Plan. If adopted, the Amended Redevelopment Plan ("Amended Plan") will supersede and replace the Existing Plan, and will guide all future redevelopment activities, projects, and programs in the Bayfront Redevelopment Project Area ("Project Area"). The Amendment, however, will not affect the Project's existing obligations or indebtedness. The Existing Plan was originally adopted by the City Council by Ordinance No. 1691 on July 6, 1976. Since this action, the Existing Plan has been amended on four separate occasions. On July 17, 1979, the City Council adopted Ordinance No. 1872 that merged the financial provisions of the Existing Plan with the Bayfront Redevelopment Plan. On April 22, 1986, the City Council adopted Ordinance No. 2146 that amended the Existing Plan for a second time by enacting new time limits to enact eminent domain and incur debt, while establishing a cumulative tax increment limit. Amendment No. 3 was adopted by the City Council on January 4, 1994 by Ordinance No. 2585, when the City Council amended the tax increment and bonded indebtedness limits for the Project. The fourth amendment to the Existing Plan Rosenow Spevacek Group, Inc. July, 1997 Chula Vista Redevelopment Agency Town Centre I Amendment No.5 - Preliminary Plan 1 ,- occurred on November 8, 1994, when the City Council adopted Ordinance No. 2608 that established a time limit on the collection of tax increment. As proposed, the Amendment would correct constraining provisions of the Existing Plan that inhibit the Agency's ability to complete its redevelopment program in the Project Area. This Preliminary Plan has been prepared in accordance with Section 33324 of the Law, which states that a preliminary plan should: (a) describe the boundaries of the project area; (b) contain a general statement of land uses, layout of principal streets, population densities, and building intensities and standards; (c) show how the purpose of the Law would be attained by such implementation of the redevelopment plan; (d) show how the proposed redevelopment plan conforms to the general plan; and (e) describe, generally, the impact of a redevelopment project upon residents of the project area and surrounding neighborhoods. II. PROJECT AREA LOCATION AND DESCRIPTION The Project Area is located in the City of Chula Vista ("City"), San Diego County, California. Situated along the San Diego Bay in southwestern San Diego County, the City is adjoined by the City of National City to the north, the City of San Diego to the south, the San Diego Bay to the west, and unincorporated San Diego County to the east. The City was incorporated in 1911 and is approximately 32,066 acres in size. Rosenow Spevacek Group, Inc. July, 1997 Chula Vista Redevelopment Agency Town Centre 1 Amendment No.5 - Preliminary Plan 2 The Project Area is located at the City's center along Third Avenue. The Project Area is generally bounded by E Street to the north, I Street to the south, Del Mar A venue to the east, and Fourth Avenue to the west. The Project Area is 138.54 acres in size, and constitutes approximately 0.4% of the total area of the City. The primary land uses within the Project Area are commercial, public, and residential. The boundaries of the Project Area are depicted on Exhibit I. III. GENERAL STATEMENT OF PROPOSED PLANNING ELEMENTS A. LAND USES The land uses permitted in the Project Area shall be in conformance with the City General Plan (the "General Plan"), the Zoning Ordinance of the City, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. B. GENERAL STATEMENT OF PROPOSED LAYOUT OF PRINCIPAL STREETS The Project Area is served by a system of local public streets. The principal streets within the Project Area include, but are not limited to, the following: Del Mar Avenue G Street H Street E Street F Street Third Avenue Fourth Avenue The layout of principal streets and those that may be developed in the future shall conform to the Circulation Element of the General Plan, as currently adopted or as hereafter amended. Existing streets within the Project Area may be closed, widened or otherwise modified, and additional streets may be created as necessary for proper pedestrian and/or vehicular circulation provided they are consistent with the General Plan. Rosenow Spevacek Group, Inc. July, 1997 Chu/a Vista Redevelopment Agency Town Centre I Amendment No. 5 ~ Preliminary Plan 3 C. GENERAL STATEMENT OF PROPOSED POPULATION DENSITIES Permitted densities within the Project Area shall conform to the General Plan, as currently adopted or as hereafter amended, and applicable ordinances and local codes. D. GENERAL STATEMENT OF PROPOSED BUILDING INTENSITIES Building intensity shall be controlled by limits on any or all of the following: (I) the percentage of the building site covered by the building (land coverage); (2) the ratio of the total floor area for all stories of the building to the area of the building site (floor area ratio); (3) the size and location of the buildable area on the building site; and (4) the heights of the building. The limits on building intensity shall be established in accordance with the provisions of the General Plan, Zoning Ordinance, and local codes and ordinances, as they now exist or are hereafter amended. The land coverage, sizes and location of the buildable areas will be limited, as is feasible and appropriate, to provide adequate open space and parking. E. GENERAL STATEMENT OF PROPOSED BUILDING STANDARDS Building standards shall conform to the adopted General Plan, and the building requirements of all applicable state and local codes and ordinances. The Agency may consider more restrictive requirements and may incorporate such requirements into the Amended Plan in the interest of the public health, safety and welfare. However, more restrictive requirements are not contemplated at this time. Rosenow Spevacek Group, Inc. July, 1997 Chula Vista Redevelopment Agency Town Centre I Amendment No. 5 - Preliminary Plan 4 ~- IV. ATTAINMENT OF THE PURPOSES OF THE REDEVELOPMENT LAW The purposes of the Law are to protect and promote the sound development and redevelopment of economically and physically deficient areas, and to protect the general welfare of the inhabitants of the communities in which they dwell. The Amendment would allow the Agency to more comprehensively attain these purposes within the Project Area by expanding the Agency's financial and legal authorities to alleviate conditions of blight, revitalize commercial areas, construct additional public improvement and facilities, and develop affordable housing. V. CONFORMANCE TO THE GENERAL PLAN OF THE CITY This Preliminary Plan conforms to the General Plan, and proposes a consistent pattern of land uses and includes all highways and public facilities as indicated by the General Plan, as it now exists or is hereafter amended. VI. GENERAL IMP ACT OF THE PROPOSED PROJECT UPON THE RESIDENTS OF THE PROJECT AREA AND SURROUNDING NEIGHBORHOODS As amended, the impact of the Project will generally be in the areas of improved public infrastructure, facilities and services, improved living environment, increased and improved supply of affordable housing, and enhanced employment and economic activity. Redevelopment activities within the Project Area will provide for the improvement, development, replanning, redesign, reconstruction and rehabilitation of the area and the provision of commercial, industrial, residential, public and other structures and open spaces in the interest of the general welfare of the community. It is also anticipated that redevelopment activities orchestrated by the Agency will provide additional employment opportunities and enhance the environmental quality of the community. Thus, the benefits of the Project affect the immediate and long-range economic viability of the entire City. Rosenow Spevacek Group, Inc. July, 1997 Chu/a Vista Redevelopment Agency Town Centre I Amendment No. 5 - Preliminary Plan 5 The Amended Plan will be implemented as sufficient financial resources are available. Redevelopment projects are intended to be phased over a period of time, with only a limited amount of direct activity at anyone time. Redevelopment projects will be subject to future review and approval by the City Council, Agency, Planning Commission and other appropriate bodies after input has been solicited from affected residents, property owners and other interested parties. Rosenow Spevacek Group, Inc. July, 1997 Chu/a VISta Redevelopment Agency Town Centre 1 AltU!ndltU!nt No.5 - Prelimlnary Plan 6 EXHIBIT 1 r City Of C Redevelop hUla Vista f11ent Areas .~, .. rg: t ~"I '.-~ 'r--!" .;. f.-- ... " ..--, ;...- -~, -' . ,," -T~- \ - ~~ 'l t > . -, < J ... .; J.~ 'r';'''~ - '- -- 1 -- ...~ - - sT! ..----. STRH~ .J \ \ " , , '1 ~-.----Lr-- , i ., . U- ~ . . . o . o c .. . -C. , . '-1. ' t ----C. --- \ .' ~ . t c::: .... . ...". town Centre I Ow o ~ ., - /1 if - 1:</1:/90 ,- PLANNING COMMISSION AGENDA STATEMENT Page 1, Item: ~ ~ Meeting Date: 07/23/97 ITEM TITLE: Continued Public 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-Modal, Inc. and H.G. Fenton Material Company BACKGROUND: As a brief background on this Project, please refer to the attached minutes and staff report from the September II, 1996 continued public hearing on this item. Because of on-going discussions between the Applicants and staff, the public hearing has been continued several other times. At the 9/11/96 meeting the Planning Commission directed that California Multi-Modal, Inc. and H.G. Fenton Material Company, the Applicants, and staff meet and discuss the street improvements needed along Faivre Street and a means to address dust control. Since that time, several other issues related to drainage, duration limit of the use permit and truck stacking on Faivre Street have been raised compelling staff to modify the conditions of approval and include mitigation measures in the Negative Declaration for IS-96-08. The changes to the conditions of approval are highlighted in redline/strikeout format in the attached draft Redevelopment Agency resolution (Attachment 2). Briefly, the changes are: DISCUSSION: ~: . Mitigation Measures - Condition C; Item 2 . Time limit of two years - Condition D; Item 3 . Dust Control - Condition E; Item 4 . Truck Stacking/Street Improvement Deferral - Condition F; Item 5 . Security Survey - Condition G; Item 6 . Glare from Security Lighting - Condition H; Item 7 . Reimbursement and/or Assessment District Formation - Condition I; Item 8 . Hours of Operation Now Consistent with the Residential Area - Condition J; Item 9 . Transporting or Storage of Hazardous or Toxic Cargo - Condition P; Item 15 The following is an overview of the Redevelopment Agency Resolution (see Attachment 2) beginning on page 3, Section V, Terms of Grant of Permit: 1. Conditions A, B are unchanged. 2. Condition C has been amended. Previously, the Negative Declaration for IS-96-08 had no mitigation measures. Since it now has mitigation measures, the wording for this condition has been changed accordingly. Page2,fiem: ~ 3 Meeting Date: 07/23/97 3. Condition D has been amended. The approval of the SUPS-96-06 is conditioned to expire two years after approval by the Redevelopment Agency and becomes null and void. This length of time is consistent with the application. If the Applicants wish to continue the use after the expiration of this two year permit, an application for a new special use permit must be made which includes the whole of CMI's operation, including at least the parcel immediately to the west. This will bring CMI's entire operation into conformance with Chapter 19.64 of the Zoning Ordinance, which requires that non-conforming land uses that expand their operations obtain a conditional use permit. Because of the two year time period, landscaping along the frontage of the parcel is not required as part of this approval. However, if a new special use permit application is submitted, appropriate landscaping will be required. 4. Condition E has been amended. Based on the continuing issue of dust resulting from CMI's on-going operations and the fact that the Air Pollution Control District (APCD) cited CMI for discharging excessive quantities of air containments (dust), Condition E has been modified to more fully address this matter. Condition E and its sub-conditions also appear as mitigation measures in the Mitigated Negative Declaration for IS-96-08. a. Subparagraph 1 has been added which requires that the Applicants allow monitoring of the conditions of approval/mitigation measures by the Mitigation Monitoring Coordinator (MMC), who will be selected through the City's third party agreement process. This monitoring is intended to ensure that dust is controlled and that mud is not tracked onto Faivre Street. The MMC is to submit weekly reports to various City departments. In addition, if the MMC notices dust or mud being generated by CMI's operations, it must immediately be reported to the Directors of Building and Housing and Planning as these acts are violations of the Municipal Code. b. Subparagraph 2 has been added which requires that the Applicants ensure that all driving surfaces on the Project Site and along the Faivre Street frontage is treated with a dust control agent in order to reduce the dust caused by the trucking and storage operations. The Applicant/Operator is to ensure that the dust control agent is biodegradable and non-toxic. The dust control agent is to be applied as often as is necessary, at the discretion of the MMC. This means that during the rainy season, as opposed to the dry season, the agent will be applied less often. The MMC is to also ensure that the amount applied and/or frequency of application of the agent does not result in the creation of a toxic condition to the wetland area to the south. If this is noticed, the MMC has the authority to have the dust control agent changed. c. Subparagraph 3 requires that the Applicants remove dirt from Faivre Street, at least until the beginning of construction of the Main Street CIP along Faivre Street. Page 3, Item: Z 3 Meeting Date: 07/23/97 This must be accomplished to the satisfaction of the MMC. The dirt along the Project's Faivre Street frontage is one of the main sources of dust, and during the rainy season results from mud being tracked onto Faivre Street from the Project Site. 5. Condition F has been added. The original Condition F required improvements to Faivre Street if site improvements exceeded $20,000. Since there is a legally valid deferral for the street improvements that was executed under Conditional Use Permit PCC-90-02, this condition has been removed and a new one put in its place relating to CMI trucks stacking on Faivre Street. A new Condition F has been added. The Commission may recall that at the public hearing, a video tape was submitted by an area resident. Staff has since reviewed this tape which shows trucks stacking on Faivre Street in preparation to enter the CMI site. This is not an acceptable operational standard, and therefore CMI is required to ensure that all truck stacking occurs on-site in an area over which they have control. To that end, CMI has informed staff that they now schedule additional staff for peak times or have one on- call if a heavy in-flow suddenly occurs. With extra people processing the trucks in, stacking on Faivre Street should not occur. 6. Condition G has been slightly reworded so that there is a specific time limit during which the Applicant/Operator must have the security survey completed and its results implemented. 7. The original Condition H requiring employee parking has been deleted because parking is provided on the adjacent parcel to the west. A new Condition H has been added. In order to avoid the problem of glare from security lighting spilling over into the Otay River Valley Park area, this condition has been added. It is intended that the river valley not be affected by bright lighting which could negatively impact wildlife. 8. Condition I in the current Resolution has been added. The original Condition I is now Condition K. Because of the inadequacy of the intersection at Broadway and Faivre Street, the Engineering Department may eventually form a reimbursement and/or assessment district for its improvement. At this intersection, Faivre Street is very narrow with a culvert passing under Faivre Street and it meets Broadway at less than a 90. angle. When large trucks turn onto or off of Broadway at Faivre, they must make very wide turns and/or must wait for traffic to clear off of Faivre Street. With the establishment of a reimbursement and/or assessment district, the proper improvements can be made to upgrade this intersection such that large trucks will have adequate turning space. Page 4, Item: ~ 3 Meeting Date: 07/23/97 9. Condition J in the current Resolution has been added. The original Condition J is now Condition 1. Condition J now requires that the trucking operations maintain hours of operation that are more compatible with the non-conforming residential area on Jacqua Street. 10. Condition K is the old Condition I and is unchanged. 11. Condition L is the old Condition J and is unchanged. 12. Condition M is the old Condition K and is unchanged. 13. Condition N is the old Condition N and is unchanged. 14. Condition 0 is the old Condition M and is unchanged. 15. Condition P has been added. Due to the close proximity of a residential area to Project site, the Applicants may not transport or store hazardous or toxic cargo on the Project site. This condition is a carry over from the original conditional use permit. CONCLUSION: Staff has concluded that, subject to the recommended conditions of approval as found in the Redevelopment Agency Resolution for this project, the use of the Project Site as a truck terminal/trailer storage yard is an appropriate use until such time as a more comprehensive land use study can be completed. In the meantime, street improvements will upgrade the area and conditions of approval will ensure lesser impacts to area residents, the wetland area and wildlife from this land use. 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 I. Planning Commission Resolution No. SUPS-96-06 2. Draft Redevelopment Agency Resolution No. _ for SUPS-96-06 3. Mitigated Negative Declaration for IS-96-08 Exhibits 1. Locator Map and Map Showing Storage Yard 2. Minutes and staff report, attachments and exhibits from the 9/11/96 Planning Commission public hearing on this item (m: \home\planning\martin\fenton\faivre\9606pc2. rpt) Attachment 1 Planning Commission Resolution No. SUPS-96-06 RESOLUTION NO. SUPS-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 verified application for a special use permit (SUPS-96-06) was filed 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 11, 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 closed said public hearing thereafter. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends Redevelopment Agency approval of the attached draft Redevelopment Agency Resolution 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 23rd day of July, 1997 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Patty Davis, Chair Nancy Ripley, Secretary (m:\home\planning\martin\fenton\faivre\9606pc.res) Attachment 2 Draft Redevelopment Agency Resolution No. For SUPS-96-06 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION ISSUED ON 1S-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 July 10, 1995 by Mr. Allen M. Jones on behalf of H.G. Fenton Material Company and California Multi-Modal, Inc. ( Applicants); and C. Project Description; Application 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/trailer storage yard ( Project) in the IL-P Zoning District at Project Site; and D. Planning Commission Record on Application 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, 1997, the Planning Commission reopened said public hearing, took public testimony and thereafter closed the public hearing. Thereafter, the Planning Commission voted _-_ recommending that the Redevelopment Agency approve the Project in accordance with Planning Commission Resolution No. SUPS-96-06; and (m:\home\pIanning\martin\cmi\9606ra.res) Resolution 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 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 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 August 19, 1997 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Redevelopment 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 all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on September II, 1996 and July 23, 1997 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 all other reports, evidence and testimony presented with respect to the proposed use. III. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency hereby approves Mitigated Negative Declaration IS-96-08. IV. SPECIAL USE PERMIT FINDINGS The following findings are required by the Southwest Redevelopment Plan which governs the issuance of special use permits. The Redevelopment Agency of the City of Chula Vista is able to make findings in support of the Project as required by the City's rules and regulations for the issuance of special use permits, as hereinbelow set forth, and sets forth the evidentiary basis for approval of the proposed Project: (m: \home\planning\martin\cmi\9606ra. res) Resolution No. _ Page #3 1. 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 persous 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 regulatious and conditious 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 Whitelands 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 allowing 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 applicable plans and policies. V. TERMS OF GRANT OF PERMIT The Redevelopment Agency hereby grants Special Use Permit SUPS-96-06 subject to the following conditions whereby the Applicants shall: (m: \home\planning\martin\cmi\9606ra. res) Resolution 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 all conditions of approval pursuant to PCC-90-02 or as otherwise modified herein. C. Comply 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 Permit SUPS-96-06, after which time period this approval expires and becomes null and void. E. To ensure that dust is eliminated, the Applicant and/or Operator shall: 1. 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 Mitigation Monitoring Coordinator (MMC) who will perform inspection visits a minimum of once per week or upon request by the City. The MMC will forward weekly monitoring reports to the 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 shall indicate whether dust clouds and/or mud is observed on the Project Site or along the Projects'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 inform the Director of Building and Housing, the City Engineer and/or the Director of Planning, as appropriate. 2. Apply one of the dust control agents listed in Attachment I 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. (m:\home\planning\martin\cmi\9606ra.res) Resolution No. Page #5 Applicant/Operator shall ensure that any dust control agent so applied shall be biodegradable and non-toxic. If needed, additional applications shall 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 shall 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 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. Not allow trucks entering the complex to stack on Faivre Street. All stacking shall 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 shall be called 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 Chula 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. 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. (m:\home\planning\martin\cmi\9606ra.res) Resolution No. Page #6 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. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council/Agency members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "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. Applicants shall 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 shall be binding on any and all of Applicants' successors and assigns. 1. This permit shall be subject to any and all 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 shall 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 economically 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 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 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. Comply with all applicable 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 applicable. (m: \home\planning\martin\cmi\9606ra. res) Resolution No. Page #7 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 Redevelopment 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 2451 FAIVRE STREET (APN 622-190-15), 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 Redevelopment Agency of the City of Chula Vista, California. Upon execution, this document and a copy of Resolution No. shall be recorded with the County Recorder's Office of the County of San Diego, at the sole expense of the Applicant, 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 shall indicate the Applicants' 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: Resolution No. Attachment 3 Mitigated Negative Declaration for 18-96-08 MITIGATED NEGATIVE DECLARATION PROJECT NAME: CMI Truck Terminal/Trailer Storage PROJECT LOCATION: 2451 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: July 14, 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 lOO-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 northern third of the site is being used as a truck terminal/trailer 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 Applicant obtained Conditional Use Permit PCC-90-02 for this operation. Conditional Use Permit PCC-90-02 expired in July 1995. The Catellus Development Company owns the property to the west at 2387 Faivre Street. California Multimodallnc., (Operator) leases both the Catellus-owned property and the Fenton-owned property for their truck terminal/trailer storage operation. The Catellus property is not part of this application. ,- IS-96-08: CMl Truck Terminal/Trailer 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 Chula Vista originally 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 Valley Regional Park). Since then the permit has been extended two (2) times and the area has become part of the Southwest Redevelopment 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 Redevelopment Areas), would allow 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 Regulations Section 13050.5 states that a coastal development permit shall only be required on those portions of a development actually located within the coastal zone. Since the Applicant 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. C. COMPATIBILITY WITH ZONING AND PLANS IS-96-08: CMI Truck Terminal/Trailer Storage Page No.3 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 Valley 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. IDENTIFICATION OF ENVIRONMENTAL EFFECTS Environmental effects identified which are associated with this project include: I) wetland restoration; and 2) dust. 1. WetJand Restoration CMI previously filled in a portion of the southern part of the subject parcel. However, after being informed 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 na1Ural state. The summary of the Six-Month Wetland Monitorin~ Report prepared by Merkel and Associates, Inc. states: The six month vegeUrtion monitoring for the California Multimodal, Inc., (C.M.I.) revegetation site in Chula Vista was conducted by Merkel & Associates on December 5, 1996. The six month milestone success criteria for the site monitoring was met with vegeUrtion exceeding the required 10% cover and 80% overall survival of container plantings. In order to meet the criteria for the next monitoring period (i.e., 12 months -- 15% cover, no additional loss of plants ) continued weed eradication of Fennel (Foeniculum vulgare) is recommended. Other recommendations include occasional inspections to ensure that two other invasive species, Garland Chrysanthemum (Chrysanthemum coronarium) and the Spiny Cocklebur (Xanthiurn 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 determine 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. The repair and reinstallation of off-site drainage required by the Engineering Department and detailed in the section on drainage below must be coordinated with and receive a biologist's approval if corrections to the off-site drainage problem could impact the wetlands being restored on-site. "...- IS-96-08: CMI Truck Terminal/Trailer Storage Page No.4 The Department of Fish and Game has granted a Streambed/Lake Alteration Permit (StreambedlLake Alteration Notification No. 5-021-96) regarding this restoration project. An NPDES (National Pollutant Discharge Elimination System) permit and an SWPPP (Storm Water Pollution Prevention Plan) permit will be required. The Negative Declaration for 1S-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 originally in 1990, 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 Pennit 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 infonned of the violation, a Wetland Habitat Restoration Plan (copy attached to the Checklist for IS-96-08) 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 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 their 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 uneven 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 Applicant's property. This ponding occurs in part because of the unpennitted 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/Trailer Storage Page NO.5 Municipal Code, Sections 12.12.080, 12.12.110, 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 19, 1997, under Health and Safety Code 41700 Rule 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, when implemented, have the capability of reducing the occupance of observable dust clouds to zero. E. MITIGATION NECESSARY TO AVOID 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 following Mitigation Measures. Project Mitigation Measures are as follows: I. 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 periodically 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 r 15-96-08: 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 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 week or upon request by the City. The MMC will forward weekly monitoring reports to the 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 shall indicate whether dust clouds and/or mud is observed on the Project Site or along the Projects'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 inform the Director of Building and Housing, the City Engineer and/or the Director of Planning, as appropriate. B. Apply one of the dust control agents listed in Attachment I 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 shall ensure that any dust control agent so applied shall be biodegradable and non-toxic. If needed, additional applications shall 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 shall 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 ~ IS-96-08: CMI Truck Terminal/Trailer Storage Page No. 7 Street or any other method that the MMC agrees effectively removes the dirt. F. CONSULTATION 1. Individuals and Oreanizations City of Chula Vista: Air Pollution Control District: Applicants' Agent: G. INITIAL STUDY 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, Building & Housing Doug Perry, Fire Marshall MaryJane Diosdada, Crime Prevention Marty Schmidt, Parks and Recreation Department Jeff Steichen, Planning Department Keith Barr, Planning Department Office of the City Attorney Chula Vista City School District: Dee Peralta Sweetwater Union High School District: Tom Silva Steve Evans Allen M. Jones 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 Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. EtJ~~cmRDTNATDR ,- IS-96-08: CM! Truck Terminal/Trailer Storage Page No.8 H. RFERENCES General Plan, City of Chula Vista Title 19 (Zoning Ordinance), Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures California Multimodal, Inc./Faivre Street Wetland Habitat Restoration Plan prepared by Merkel and Associates, Inc. (October 5, 1995) California Multimodal (C.M.I.) Site/Wetland Status and Historic Review prepared by Merckel and Associates, Inc. (September 10, 1996) California Multimodal, Inc., Faivre Street Six Month Wetland Monitoring Report prepared by Merckel and Associates, Inc. (January 15, 1997) List of Chernical Dust Suppressants and Vendors I. Eco-Polymer 2. Ecology Control M Binder 3. Fiberwood 4. Fibercraft 5. DC 300 6. Pineseal 7. Road Oyl 8. Magnesium Chloride 9. 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Q .....~ ~ ~ '" ",J,. ~ -.-.j: .:; ~ ...., ~;;.. 0:; ... ~t;...""'5~<.> ~ ~"'<::! '" "- ~ ii:"'-b~~'C'~ 0:; !: ":i';:; 0:; ~ ~ 5..'S ~ f .. '" '" ..~;..."'" 't:" "-.... ~" b.o ~."'~{!"S..;; 0:; '" 't .0:: "c> l) =:.. 5 '" '" ~ ",.~ ",.~ 'I:: "" .~~<t:,t~.s ;:t 'I:: "'"'<::! ~ ~ .t:~~'5~c.... ~ .0:: '" 0:; .0:: ... c....~ ~tooo:IS <.> "" ~ i:! :: ..' ';:j i:! =:..s: :::""'<::! ..s ::: ~ <.> & '" e 0:; 5 ~.. 0;:; ..::: ~ 5.~ to.- ~ ~ ..::: ... u t:! C'.... ::: u~t::~......~~ ::: "'.. ~ i:: .0:: ..... ~ :: ;:0..0 c ~ .... .= ~ 5::~ 5 0:; "'''<:! .;: ",::: '" .. "- ~.. ~u~~~C't::'5 u I i I I~ L-- ~4[ -1/)_ -<(- :::> -cr- -u- lI~T ~/h//"//f'.. 2387 FAlVREST ~~~~51 FAIVRE ST CAUFORNIA ~ MUL1J.MODAL INC. I'i , I I ~ , I I C-P / . .---, I ~ I l' I ~L1 . I I , _n J( -< 'f _'" I MAIN ST. 'I-! ,V) ~ :~~f' I~I G- 1-. /VJ\ I Ii I [ I~: II .L I I -L FAIVR( 5T L1Llp CITY OF CHULA VISTA , CITY OF SAN DIEGO 1;; PROJECT LOCAnON WHITElANDS 0< W 1;; ::;; -' o :r: , , CHULA VISTA PLANNING DEPARTMENT C!5 ~~, Fenton Material! California . Multimodal, Inc. PROJECT ~Faivre Sl ADORESS, ~.., I PROJECr DESCRlPnON, SPECIAL USE PERMIT Request: To continue using percel for truck and !railer siorage. See previous CUP PCC-90-02. ~ No Scale I ALE NUMBa, SUPS-96-06 . NORTH r:: h::)rr.~'.~>=: "'l r1ln;: \~~ r!os \i::)::=t~rS\SUD:?6~6.cCj ~ 5/28/1?7 _.~,.--._~------~-"--- , ~ THE CITY OF CHULA VISTA DISCLOSURE STATEME!\T SI;IICIlU:n1 of disclosure or ccrl;'lin OWJlL"fship iuterests. payments, or campaign conlrihuli~1I1s. on ail ma\lt:rs wl1H.:h will require discretionary action on the pan of the City Council, PlaMing Commission, and all other official bodies. The following information must be disclosed: , 1. List 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 $250 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 to represent you before the City in this matter. A1Jen Jones Linda Kaufman 6. Have you and/or your officers or agems, in the aggregate. contributed more than $1,000 to a Council member in the current or preceding election period? Yes [ ] No [ ] If yes, state which Council member(s): Person is defIned as: "Any individual. firm. co-partnership, joint ventu~. association. social club, fraternal organization, corporation. estate, trost, n:ceivcr, syndicate, this and any other county, ciry and counry, city. municipality. district or other political subdivision. or any other group or combination acting as a unit. " (NOTE: Anacb additional pages as necessary) Date: tDl", ('1 S- Signature of contract A\\e- M, ::r;....~s. Prim or type name of contractor/applicant WPC: F:\HOME\PLANNING\STORED\I021.A. 93 Ref. 1020.93) (Rd. 1022.93) Page 11 APPLICATION CANNOT DF -CCEPTED UNLESS SITE PLAN IS FOLDED TO r-- L .0 AN 8-1/2 X II FOLDER ,- INITIAL STUDY City of Chula Vista Application Form T- 9~ -oQ3 A. BACKGROUND 1. Project Title CM! Trailer Storage 2. Project Location (Street address or description) side of street. For Office Use Only Case No. IS. qr, -15'8 DPSL AmnL I. n06 . Receipt No. . Dale Rcc'd. ~ Acccptcd by ~ Project No. FA- /18(, DpSL No. DQ- ;;l/fD ClP No. p(X "N. 'VI Related Case No. Pet:- q~ -01 West end of Faivre Street, south Assessors Book, Page & Parcel No. 622-190-15 3. Brief Project Description Truck and trail':t storage (continuation of the existing use) 4. Name of Applicant H. G. Fenton Ma tetial COTIlDanV Address 1'.0. 1\ox 64 Fax# 549-3589 36-7562 City San- Diego State CA 2112 5. Name of Preparer/Agent Allen M. Jones Address same Fax# City State Relation to Applicant Planning and Land Manager 6. Indicate all permits or approvals and enclosures or docume required by the Environmental Review Coordinator. L.tre.o. ~mo-.... a. Permits or approvals required. Gencral Plan Amendment Rezone/Prewne _ Grading Permit _ Tentative Parcel Map Site Plan & Arch. Review _ Special Use Permit _ Design Review Application _ Tentative Subel. Map _ Redevelopment Agency OPA _ Redevelopment Agency DDA _ Public Project Annexation _ Specific Plan ~ Conditional Use Permit Variance _ Coastal Development Oilier Permit .. 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). _ Grading Plan _ Parcel Map Precise Plan = Specific Plan _ Traffic Impact Report Hazardous Waste Assessment Arch. Elevations = Landscape Plans _ Tentative Subel. Map _ Improvement Plans _ Soils Report _ Geotechnical Rcporl WI'C:F:\lIOMh\PLANNING\STOR[I)..IO:ZI.A.9J (Rd. 1020.93) (Rtf, 1022.93) _ Hydrological Study _ Biological Study _ Archaeological Study Noise Assessment = Oilier Agency Pennit Oilier Page 1 7. Indicate othcr a"~lil ms for permits or approvals that <IP' t ; submitted at this time. a. Pcrmits or approvals required. - Gcncral Plan Amcndmcnl _ Rezone/Prezone _ Grading Permit _ Tenlative Parccl Map Site Plan & Arch. Rcview _ Special Use Permit _ Dcsign Rcvicw Application _ Tentative Subd. Map _ Redevelopment Agency OPA _ Redevelopment Agency DDA _ Public Project Annexation _ Specific Plan Conditional Use Pcm1il Variance _ Coastal Development Other Pcrmit B. PROPOSED PROJECT 1. 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 Condominium b. Total number of structures c. Maximum height of structures d. Number of Units: I bedroom 2 bedroom 3 bedroom 4 bedroom Total Units ~. Gross density (DUltotal 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 industrial or mixed use. a. Type(s) of land use truck and trailer storage b. Floor area n I a Height of structures(s) n I a C. Type of construction used in the structure n I a WI'C:F:\JIOMh\J'LANNlNG\STORED\I021.A.QJ (kef, I02D.93) (Ref. 1022.93) Page 2 d. Describe-IT. ,access points to the structures anr;;...hientation to adjoining propenies and str~_(s The site is accessed only frO_h the adjacent lot to the west. which is used by California Multi-Modal (CMI).* e. Number of on-site parking spaces provided 228 Estimated numtx:r 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. h. Estimated number of deliveries per day n/a Estimated range of service area and basis of estimate n/a 1. J. Type/extent of operations not in enclosed buildings dl of the storage will be outside of buildings. k. Hours of operation 6:00 a.m. - 10:00 p.m. 1. Type of exterior lighting existing pole-mounted lighting; no new lights will be added. 4. If project is other than residential, commercial or industtial 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 'C. 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-s~c. CMI stores some trucks & trailers on their site and some L. PROJECT CHARACTERISTICS site for which this' application is made. the south s: on the Fentc 1. Will the project be required to obtain a permit through the Air Pollution Control District (APCD)? no WPC:F:\JIOMIN"UNNtNC\STORED\1021.A.93 (Ref. 1020.93) (Ref. 1022.93) Page 3 , Is any type of --,d. . or excavation of the propeny an!;'-'')~ If yes. complete the following: a. Excluding trenches to be backfilled. how many cubic yards of eanh will be excavated? no b. How many cubic yards of fill will be placed? How much area (sq. ft. or acres) will be graded? What will be the: Maximum depth of cut A verage depth of cut Maximum depth of fill A verage depth of fill - c. d. 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.) n/a 4. Indicate the amount of natural open space that is part of the project (sq. ft. or acres) 4.36 acres 5. If the project will result in any employment opportunities describe the nature and type of these jobs. Approval of a new CUP to continue an existing use ~ill not create any new employment opportunities. 6. . .Will highly 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 connection to the project site. Improvements include but not limited to the following: new streets; street widening; extension of gas, electric. and sewer lines; cut and fill slopes; and pedestrian and bicycle facilities. none WI'C':r-;\JIOMC\PLANNING\STORED\1021-A.Q) (ltd. 1020.9)) (Ref. 1022.93) Page 4 D. DESCRIPTIO~ OF Et 't, ....NMENT AL SEITING ,- 1. Geolo~v Has a geology study been conducted on the prope!1Y? no (If yes, please aUach) Has a soils repo!1 on the project site been made? no (If yes. please attach) 2. Hvdrolol!v Are any of the following 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 Otay River. b. Are there any watercourses or drainage improvements on or adjacent to the site? c. 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 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, single- family residences)? no 4. Biologv a. Does the site involve any Coastal Sage Scrub vegetation? no b. Is the project site in a natural or partially natural state? no c. If yes, has a biological survey been conducted on the property? Yes No x (Please attach a copy.) d. Describe all 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 ve~ptat; nn is proposed to be removed. WI"C:F:\JIOMIN'l.J\NNING\STORCJJ\J021.A.QJ (Rtf. ID20.Q)) (Ree. 1022.93) Page 5 5. P;L'i use of tf ~ a. Are there any known historical or archeological resources located on or near the project site'! no r-- 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 all structures and land uses currently existing on the project site. truck and trailer stora~e b. Describe all structures and land uses currently existing on adjacent property. North Smitty's Tow Yard and Storage Lockers South Otay River and H.G. Fenton Material Concrete Batch Plant East JC Towing West r.~lifnrni~ M111t";-Mn(L~1 rT"n("lri'nE; f:=li""ilit-y 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 information which may assist in the evaluation of the proposed project. WPC:F:\JIO!l.1DJ'LANNING\STORED\lO:!I.A.93 (Rt'r. 1020.1))) (Rer. 1022.93) Page 6 E. CERTJFICA TION I. as owner/owner in escrow* , Print name or I, consultant or agent* Al~~ M. :To'"e..s Print name r HEREBY AFFIRM, that to the best of my belief. the statements and information herein contained are in all respects true and correct and that all known information conceming 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 loft/f) Date *If acting for a corporation, include capacity and company name. W/'C,F,~IOMElPLANN1NG\ST0RED\J021.^.93 (Rd. 1020.93) (Rd. 1022.93) Page 7 ,- INITIAL STUDY PROCESSING AGKEEMENT " Name of Applicant: H.G. Fenton Material Company Address: P.O. Box 64 City: San Diego Name of Authorized RepresenLative (if signatory): Address: City Agreement Date: Deposit Amount: State CA Allen M. Jones Phone 566-2000 Zip 92112 SLate Phone Zip $1,000.00 This Agreement ("Agreement") between the City of Chula Vista. a chartered municipal corpornuon ("City") and the forenamed applicant for an Inilial Study ("Applicant"), effective as of the Agreement Date set forth above. is made with reference to the following facts: Whereas, the Applicant has applied to the City for an Initial Study of the type aforereferenced ("Initial Study") which the City has required to be obtained as a condition to permitting the Applicant to develop a parcel of property; and. Whereas, the City will incur expenses in order to process said Initial Study through the various departments and before the various boards and commissions of the City ("Processing Services"): and. 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 parties do hereby agree, in exchange for the mutual 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 Initial Study, including all of the City's direct and overhead costs 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 partial performance of the Applicant's Duty to Pay, the Applicant shall deposit the amount aforereferenced ("Deposit"). 1. The City shall charge its lawful expenses incurred. in providing Processing Services against the Applicant's Deposit If, after the conclusion of processing the Applicant's InWal Study. any portion of the Deposit remains. the City shall return said balance to the Applicant without interest thereon. If, during the processing of the Applicant's Initial Study. 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 City, the Applicant shall forthwith provide such additional deposit as the City shall calculate as reasonably necessary to continue to provide Processing Services. The duty of the Applicant to initially deposit and to supplement said deposit as herein required shall be known as the "Applicant's Deposit Duty". II. City's Duty The City shall, upon the condiuon that the Applicant is not in breach of the Applicant's Duty to Payor the Applicant's Deposit Duty, use good faith to provide processing services in rclation to the Applicant's Initial Study application. WJ'C:F:\lIOM1:.\PLANNlNG\STORI:D\.I021-A.Q) (Kef. I02V.9J) (Ref, 1022.93) Pase 8 r-- A. The Cily shall h:J\'c no liahilil)' hereunder 10 Ihe Applicant for the f:lilure 10 process lhe Applicanl's Ini1iaJ Sludy applica1ion. or for failure 10 process 1he Applicani's Inili;d Sludy wi1hin Ihe lime fr:une requeste~ hy the Applicant or estimaled hy the City. B. By execution of 1h;s agreement. Ihe Appliean1 shall have nD righ11D direc1 Dr D1herwise innuence Ihe cDnducl of Ihe Inilial Sludy for which the applicant has applied. The Ci1y shall use i1S discretion in evaJuating the AppIican!'s Inilial Study application without regard to the Applicant's promise 10 pay for the Proccssing Serviecs. or the execution of the Agreement. III. Remedies A. Suspension of Processing In addition ID all other rights and remedies which the City shall otherwise have atIaw or equity, the City has the right to suspend and/or withhold the processing of the Initial Study which is the subject matter of Ihis Agreement, as well as the Initial Study which may be the subject maUer of any other Pennit which Applicant has before the City. B. Civil Collection In addition to all other rights and remedies which 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 tD collect same, the prevailing party shall be entitled to reasonable attomey's fees had costs. . IV. Miscellaneous A. Notices All notices. demands or requests provided for or penniued to be given pursuant to this Agreement must be in writing. All notices, demands and requcsts to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United St:Jles mail, addressed to such party. postage prepaid, registered or certified. with return receipt requested, at the addresses identified adjacent to the signatures of the parties represented. B. Governing LawNenue This Agreement shall be governed by and construed in accordance with the Laws of the Slllte of California. Any action arising under or relating to this Agreement shall be brought only in the .federaJ or st:Jte courts located in San Diego County, St:Jte 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 joimly and severally liable for the perfonnance of Applican!'s duties herein set forth. D. Signatory Authority The signatory to this agreement hereby warrants and represents that it is 1he duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of Ihe Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and AppIican!'s Duty 10 Deposit in the event it has not been authorized to execute this Agreement by Ihe Applicant. WPC:F:\IIOMh"'1..ANNING\STORCD\I021.A,Q) (Rc-r. IOZO,9J) (Ret. 1022.93) Page 9 r-- E. Hold Harmless , Applicant shall. defend. indemnify and hold harmless the City. ilS clecled and appointed officers and employees. from and a~ainsl all claims for d;lmages. liaoili1)'. cost :md expense (indudin~ without limitation atlonu.:ys' fees) arising out of processing AppliL":UH'S Initial Study. excc-pl only for those claims arising from 1he sole negligence or sole willful conduct of the Ci1y. incurred by 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, sh:1ll, upon wrillen request by the City. defend any such sui I or action brought against the City, its officers. agents. or employees. Applicant's indemnifcalion of the Cily shall be limited by any prior or subsequent declaration by the Applicant. F. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City of Chub Vista and acted upon by the City of Chub ViSl3 in accorclanee with the procedures set forth in Chapter 1.34 of the Chula ViSl3 Municipal Code. as same may from time to time be amended. the provisions of which are incorporotcd 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 terms of this Agreement Now. therefore. the parties hereto. having read and understood the terms and conditions of this agreement. do hereby express their consent 10 the terms hereof by setting their hand hereto on the date set forth adjacent thereto. City City of Chula Visl3 276 Fourth A venue Chub Visl3. CA 91910 . By: (/)~(J~- @J Dated: . /" III / 9<:' Applicant (or authorized representative) By: By: Dated: /orf) WJ'C:F:\lIOMIN'lANNING\.qORfD\I021-A.9J (Ref. 1020.9)) (Ref, 1022.931 Page 10 DATE: pi . ftWf1' Fft6M : 70 : c -; DO - 'f u- I ~ b.JJ r-- ROUTING FORM October 30. 1~95 Ken Larson, Building & Housing -/ John Lippitt, Engineering (EIR only) Cliff SWanson, Engineering (EIR only) Hal..Bose~ezog,,,,.Engineering,,,, (EIB. only). )~r"r.Daoust~Bngjnee.r1ng '::~(IS13~" EIB/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 Bol:? 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 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-~RR--1 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: r-- Case No..7S- 'It.o!) INTERDEPARTMENTAL COMME"'T SHEETS ENGINEERING DIVISION I. DTainaee A. Is the project site within a flood plain? 7'<S If so, state which FEMA FJoodway Frequency Boundary. ::rr;s Loc/if'<-d ;N -II,..... /00- T"<AA: r/;Jod !30'" ",,I,un-: B. What is the location and description of existing on-site drainage facilities? S"'''{'ACL. cI~A;IVI\~ f/aw5 01'01/-(. 77.</<.<.. is Al1) ~)<iS/;N'f s'To",/"> d"'A;>J 5-/'SiiM. C. Are they adequate to serve the project? N D If not, please explain briefly. SCtI<!f:-L d~A;""Af'<- ;;:J/Z<Ji-I<!",,!: ~ TO Th-<.- fj u,..... I" rt.. ()~ I 'f?NCPOMH",<.rr of: II,~ WC./LA",Js A",,:! -f-/,<.!~.~,Jf,f.'IIkY./ ClIC;J:N4j.<- 5w.!/<..,. f/'-rr C iMNIV(/..j .It. '-"N~ or+ ~AS :.\~_' '.' {''''''M A Low po;,./j rr':::3 87 F-t.M< D. What is the location and description of existing off-site drainage facilities? '/j <- CAI2771<AI dfU,;w.Aj-t- 5wl1/c... hAS ~ F:lii;,.". -rJ,-<.- wA7<r.:. (ID,',)'; -f/,<... Sv6y,,-r /IN.! A)/lJu"rr P/'w,o-lK-ri<S, E. Are they adequate to serve the project? N D If not, please explain briefly. W. 77,;x-7 /I~/"A1'<- cI~A ;J</I"JF<- /""PJ[vi/O"," If/7j D,J ;;1387 ~NJ ;!YOD FAivl<-<. s-Tr:-<-<:-r f/,<- S...nPAc,<- .t:?L-p-of.r: (~J II C-<>"r(;IVVo..t.- -fo C/'!lA5'1O... r/DD(;/'''J ;Oltcb/"'''S) 1: sp<<-/JI/./ ,.1'7 1,tG,- Cv/- A - 511 c:. 'S(c7!DN o{' F /I ivl?-<.. S7a.ul. n. TransPortation A. What roads provide primary access to the project? rJ'l ;/I/C<.- S'TI2-<-lr /1,-,'/ !3r..o,.,dwl1r': B. What is the estimated number of one-way auto trips to be generated by the project (per day)? /Rvc/( 1-<" .....:"'/j/ C 57!>R"P ) 3D 7R:"oS / /I c.eo(. x '3 A( If.,. S : dYV f,,:po: ,chI".. clAy. C. What are~':Average Daily Traffic (A.D.T.) volumes on the. primary access roads before and after project completion? Street Name Before After FA;I/".... 5'77e-<-<-r ~6''D;;< RAo I3/"AAd""l17" 15/d.V 1'3760 Do any of these volumes ex=d the City's Level-of-Service (L.a.s.) "C" design ADT volume? If yes, please specify. /l/ () WPCa':'lDMEIi'UoNN!NG\ITORED'J022.93 (Rd. 1021.93) (Rd. 1020.93) Page 2 r- Case No. :!"$- 9 6' 013 If the A.D.T. or L.O.S. "C" design volume is unknown or not applicable. explain briefly. N/A - . ~. Are the primary =ss roads adequate to serve the project? .N D If not, please explain briefly. FA IV/c'<" S7i<~cr ~ B.p..-<JA/wAY f-l7u:R-<..S {.N.dll/.",:; of ~oAdwlll' clv-<... fD LAR~ -ItA!!:/V,,,,? RAJ://s 'l/ie Ii;/<$. E. Would the project create unacceptable Levels of Service (LOS) at intersections adjacent to or in the vicinity of the project site? N D If so, identify: Location .N I A- 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 more peak-hour vehicle trips). If yes, a Traffic Impact Analysis (TlA) will be required. In this case the TIA will have to demonstrate that the project will not create an unmitigatable adverse impact, or that all related 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 consistent with the criteria established in the City's Transponation Phasing PIan, . . 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. 7< 5 I. J. Is a traffic study required? Is there any dedication required? N D If so, please specify. N /.A- Yes >< No ~ - /2 =: :3 6' wpc~G\S1'OR.E!NO::"93 (Ro!. 1021.93) (Ro!. 1020.93) Page 3 r Case No. ::15-96'00 .__-- K. Is there any street widening required? H so, please specify. PI-V v c/J..- ;;;! 6' 'r<5 f""",.., ~ -tv tAC<... of 0.-..~ h /) ! , ; L. ~ Arc there any other street improvements required? Yc s H so, please specify the general nature of the necessary improvements. COJe.6, '5",""1{, S:clcwA/k ,,"'.; A dlt."';I1/A~ $Y'S'7<1VI A.u- N~ ::.~5S I1l2y i,... PI'-Jvu,,,,A.f1$. M. Will the project and related public improvements provide satisfactory traffic service for existing conditions and future build out General Plan conditions? (Please provide a brief explanation). 7'"'< S' . m. Soils A. Arc there any anticipated adverse geotechnical conditions on the project site? l.ovt Ni>ww B. H yes, specify these conditions. ,IV / A C. Is a Soils Repon necessary? NO S'NCL.. oN::> 'jI':A'/"",{ is PMPOS-<--} IV. Land Form ,?t:~ A. What is the average~al slope of the site? / /,0 B. What is the maximum Rattif.al slope of the site? ~ 5 /0 . r11.1t4e1 V. Noise Arc there any traffic-related noise levels impacting the site that are significant enough to justify that a noise analysis be required of the applicant? /1/ D VI. Waste Generation How much solid and liquid (sewer) waste will be generated by the proposed project per day? Solid /v/A -'1],<- OUI~C-:r !.AI.,/! oNI..,.. h<-,.., Coi),..;'1;N"/>'17v-v oP A- 71? v cI:. /INti mA /uc Liquid /V/A 57'i5t:-"F<. 7h'M- wl/ ~ /1/7) C-V1VS/;l"C7:'".J tJp N'fW bu,'/.I'-i's. What is the location and size of existing sewer Jines on or downstream from the site? (1"" /8" IZ?I-'1.P s~ wu:? LiAo/!... iN FAivp.<:... I?OA/ Wl/ecl( ;P/o.....,S WcsTwA,..j /'1/1,1'/ o...-r{'/JIIS ;,,/ff) A S( W'I(; LeN"<- ;,.., ,I-/o//;s/{.c.. ,RiJA/' Arc they adequate to serve the proposed project? (H no, please explain) 'r't'S WPCT.~G\SfORE!7I1022.93 (Rei. 11121.93) (ReI. IO:W.93) Page 4 . c- VII. Case No. "LS- 90-08 National PolJutant Discharge Elimination Svstem (NPDES) Stonnwater Requirements Will the applicant be required to file a Notice of Intent with the State Water Resources Control Board for coverage under an NPDES Stonnwarer Permit? y<s . If yes, specify which NPDES pennit(s) and explain why an NPDES permit is required. /IN /lIP.oES . (;< ,v~/l1t! Puu..,ir tor... S70X!.M wA7(Je c;/.'sc/l/lt<f< <; /1 SS oc ;"r.....l w;/1, ;",d~s7;.-1L C<.C7:v,~ lxCA~<;<... Ihc J/MJ,Oo<:J lAS<.... ';s 0..- fr.vc.k:Nr ['/lc;;,7".. Will a Stonn Water Pollution Prevention Plan (SWPPP) be required for the proposed project? ')( Yes No Additional comments "'7J.<- /?.ej....;R'C.H~ Nr i 0 ob7/l;,v AN N,t:),O,Es ,0-<""",// /lJvd iJ'-opIA,...,<,.rr- /IN SlNPPP is Also ApP/;CAb/<.... fo il<.... hA;,.v CM.z: tAC;(;Y Loc~J /0 fhe. w<~A"/ ;;)387 FAiVI('C.. 5/p.....r;- vm Remarks Please identify and discuss any remaining potential adverse impacts, mitigation measures, or other issues.lm-c... ENf;/V.u~./V'f O;/I'~iJN IN.;1 R~7!(."f(<-- /9 /-7,:",;,...,,,,,,,,, u~ A /5/ d;!:;t,'IVIJ.~ e/!5'~M<,.r(' /t/oNf I/,0(.... el1>H.<'ly ~/U),.o'(;r7:;- L:hf'. 1/) -TL M.rn":""'~ f('bb{~ cd; ~ ~~ r__-..f ~ '"tL.- f~ ~ ~- - c."~rJ....c"'t;,,. f~ 1'1.,...,.~ ,,- 4-1...., ~ w.vr<.... S'-\'f'oro-t- r.......\-c:l.....--S. c-c.... .. J / /1t3 jrs;- Date WPC:F:~=oREDI1022.93 (Rd. 1021.93) (Rd. 1020.93) PageS r ROUTING FORM RECEIVED ,.... . DATE: October 30, 1995 OCT 3 11995 TO: FROM: CITY Or ",. ~ BUILDING & HOU~i1i" olt.PT. ~'-"'''''_-:].iS,)~~:':;....'7=4.~_~'!:.~:-~..-,~~,*,~'.''---' -~ .__ _ -. .-.. .- Ken"iitrson/iiiiilding &r Hous~ng: 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 BOR 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) LA:FCO (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- 686/DO 240 ) Checkprint Draft EIR (20 days) (EIR-_/FB-_/DO ) Review of a Draft EIR (EIR- _/FB- _/DP ) Review of Environmental Review Record (FC-_ERR-----1 Review of Draft Neg Dec (IS- /FA- /DO- ) 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: ;Gc~ f-:~ - ~ /1 /0 - /. ;> /fl'lf fC-~ ...R-/0 47 (Y~~-<:IJ . ;7., ~ - __~I-:,.) ~ IIj;D/err r ROUTING FORM DATE: October 30, 1995 T~~ Ken Larson, Building << Housing 2:~ 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 ~.~ . R.~. !J\...~..",LL, (.1tY.Law~\....~_; 1-~~i."~"..r ~(: L I''''~J A. ~ Bob Le~ter, Plann~ng D~rector \-rVl~ Chula vista Elementary School District, Kate S rson 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 7 Barbara Rei d Environmental Section SUBJECT: Application for Initial Study (IS- 96-08/FA- 686 /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-----1 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: ~~1kt4 i4 9d! - ro. ~&- t& {ZtW -fiNe- - fur- (({'30/qr;- Cas~ No. f ,r-- LANDSCAPE PLANNING , A. Docs th~ project affect nativ~ plant communiti~s? !~ AD 1 eJ.. . If so, pl~as~ id~ntify which communiti~s. ~ / Will th~ project require natiy~ planting? (P1eas~ describe) (Lt) / /' B. Please identify fo"Y Fponant or highly visible hillsides on or adjacent to th~ project. ().~ ~~ ~ What landscaping conditions (if any) will be required for th~se hillsides? ~ C. Of th~ total area to be d~y~loped, how much, and which areas are expected ~ be ~lanted and requir~ suppl~m~ntal wat~ring? (P)eas~ d~scribe). n.on.e. r-€-Q5UA. V'~, , E. Axe th~ any oth~r landscape requirements or mitigation for th~ project? ~ ~ City Landscape Architect or R~pres~ntatiy~ ilf3CJfi5' , l Date ~~OUP3 tJc{. 11121.91) tJc{. I01O.P3) P.,.. , ,.- ROUTING FORM 1:- 1o:""1~, (: ~s - :995 .----- October 30, 1995 "-.-: l; tT) ~. t.::: Ken Larson, Building << Housing John Lippitt, Engineering (EIR only) Cliff SWanson, Engineering (EIR onl J Hal Rosenberg, Engineering (EIR o. y) Roger Daoust, Engineering (IS/3,,/EIR/2) Anne Moore, Asst city Attor,ney' (Draft Neg Dec &. EIR) Carol Gove, Fire Department: MartY schmidt, p~s'--&'Recreation C..Lllre PreveLJtlO11, 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 Sburson SWeetwater union H.S. District, Tom Silva (IS &. EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) Mza-t...LIl M.Lll~ 0 'ect Tracking Log (route form only) Doug Reid-rCommuni velopment Projects) Other Ba rba ra Rei d -------- Environmental Section SUBJECT: Application for Initial Study (IS- 96-08/FA-~/DQ 240 ) Checkprint Draft EIR (20 days) (EIR- _/FE- _/DQ ) Review of a Draft EIR (EIR-_/FB-_/DP) Review of Environmental Review Record (FC-_ERR--l 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: fZevlL-'W(:'7j c9->..J t'1-/-?r:;;- yW 4',;?- ';11 ,r"' Case No. - . / .j/ . ~ . ~ FIRE DEPARTME!'.T A. What is the distance to the nearest fire station'] &!! what is the Fire Department's estimated reaction time? 3 f/1IU;;--;? , B. Will the> FJJ'e ~artment be able to provide an adequate level of M protection for the proposed facility without an inczcase in equipment or peISonnel? r c3 C. Remarks a.J (u. /IX>,- r /"VI ;:'/k.r Fr IZ r= PEP r: c9 ~A Rc,J.S a [! ~. YD~ ~71 ~Marsh~ p /1-/-9;- Date ..--" ------------- ~O22.93 CJt{.1~1B3) (W.1020.93) P.,.6 J (- ROUTING FORM DATE: October 30, 1995 TO: FROM: 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) Caro~,}~9ve, FirepePartment. . '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. '- Barbara Reid Environmental Section SUBJECT: Application for Initial Study (IS- 95-08/FA- 585 /DQ 240 Che-:.:kprint 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: ~~ (- PARKS AND RECREATION DEPARTMENT A. Is project subject to Parks and Recreation "Threshold requirements'! If not, please explain. f'kr p.,i.~ '~IA L,.. . - Case No. Po B. How many acres of parkland arc necessary to serve the proposed project'! _ C. Arc existing neighboIbood and community parks near the project adequate to save the popu1ation 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 popu1ation increase'! Neighborhood Community Parks E. To meet City requirements, will applicant be req~ to: Provide land'! Pay a fee? F. Remarks: ~.~~ Parks and Recreation Director or ~tative Date ~02293(1of.III2I-'3)(W.I02Il.~) to .~, .'1"5. PliO 7 ,- /j~-' .- ./ ---:/ ;' '--.I 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: Ba rba ra Rei d Environmental Section SUBJECT: Application for Initial Study (IS- 96-08/FA- 686/DQ 240 ) Checkprint Draft EIR (20 days) (EIR-_/FB-_/DQ J 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 /~'/yp . Comments: -;7IF~,,/./rAr~P /(?EY'~ ~..r:~ .fi9,t'/R--1r P,,--Ad7/_/'?#t:!"/ 1?Iff p/.im,;,..f. ff.e~ ~~r ~P/M-/_~-'$--ntf'.aJ bx~-P:"'" J71'1'k'P. . /./ . <:.../, . /....5- 7J,1m;fo;$ A//'~~ p/r~ /' '/~_/a- BOARD OF EDUCATION JOSEPH D. ctMIINGS, Ph.D. ~GLES PATRICK A. J.DD PAIIE1.A8. SIIlTH MII<E A. 5FEI'IER SUPERINTENDENT USIA S. GI.. Ph.D. r- CHULA vISTA ELEMENTARY SCU:OOL DISTRICT 84 EAST "J" STREET . CHVLA VISTA, CALIFORNIA 91910 . 619 425-9600 EACH CHILD IS AN INDMDUAL OF GREAT WORTH November 7, 1995 r:;:, :-:-,..-~ -...,. ~ .. \,.- _.-..:.. t \.,' ::--~ . ~ Ms. Barbara Reid Environmental Section City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 NOV 1 a 1991:, JDL"," ti' \' .' "-, . 1\.".. _~: 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, .hc\~ S\,\,--~ev-- Kate Shurson Director of Planning & Facilities KS:dp cc: Allen M. Jones win:~rce rf'-. ROUTING FORM '.-/ ~ . I) ,. l/ 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 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 (Community Development Projects) Other FROM: Sa rba ra Rei d Environmental Section SUBJECT: Application for Initial Study (IS- 96-08/FA-..ML/DQ 240 ) ChecJcprint 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- ) Tbe Project consists of: Truck and trailer storage (cDntinuation 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 V I S TAP 0 L ICE D E"P ART MEN T C RIM E PRE V E N T ION U NIT PLAN REVIEW RECOMMENDATIONS REC~!\..,~C JANO 2 '-" .::,...,c.. ~JliG -v , DATE: December 21, 1995 TO: Barbara Reid, Environmental M.J. D~dO, SCP;y B. Brookover, CAM, and Captain Withers~ ~ R. E. Preuss, CSo/1/' ~ 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 I calls to this project: Grid: 27 2.77% of CFS are P-I 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: CPT ED 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.,Planning. ~~r+t."" Duane Bazzel, Advance Planning Bol:! Sennett, city Landscape Architect Bob Leiter, Planning Director Cbula vista Elementary scbool 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) otber FROM: Barbara Reid Environmental section SUBJECT: Application for Initial Study (IS- 96-08/FA- 686/DQ 240 ) Checkprint Draft EIR (20 days) (EIR- _/FB- _/DQ ) Review of a Draft EIR (EIR- _/FB- _/DP ) Review of Environmental Review Record (FC-~RR-~ 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: CU? ~d7_ ...... . j' V~ ROUTING FORM -'. -- "-. ....J , DATE: October 30, 1995 NOVO 71995 ,.., r-' t-.,,\,. '. "'~ 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 Dee: & EIR) Carol Gove, Fire Department Marty Se:hmidt, Parks & Ree:reation Crime Prevention, Polie:e Department (M.J. Diosdado) Community Development, Redev. Ee:onomie: Dev. only , . \ CUrrent Planning ~tv"\~~ ~+~~~;::=~~:'';~~~;~~:~~~~i~e:hi tee:t . fV' Bob Leiter, Planning Diree:tor ~. Chula vista Elementary Se:hppl Distrie:t, Kate Shurson ~ Sweetwater Union H.S. Distrie:t, Tom Silva (IS & EIR) \ Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) Martin Miller, Project Trae:king Log (route form only) Doug Reid (Community Development Projee:ts) Other TO: FROM: Barbara Rei d Environmental See:tion SUBJECT: Applie:ation for Initial study (IS- 96-08/FA-~/DQ 240 Chee:kprint Draft EIR (20 days) (EIR-_/FB-_/DQ ) Review of a Draft EIR (EIR- _/FB- _/DP ) Review of Environmental Review Record (FC-_EJU/--l Review of Draft Neg Dee: (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, ... j~'1I JL f of; . ,. /7-" --r- P () '". /~ /II /I' /. /-O~V-- '6 -'-~t-., / ~ -(9'0' ~ I'~~ ). ' Comments: J'.. ~ <771<1 ~V/~ ('(9>-r> "1l1~ 6-vt R:c -16 -Of 10 1)/7. '!JL1/ 7/"'~; I . //_tJ7-1::;- Case No. 18-96-08 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: H.G. Fenton Company Allen M. Jones 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 3. Address and Phone Number P.O. Box 64 of Proponent: San Diego, CA 92112 4. Name of Proposal: CM! Trailer Storage 5. Date of Checklist: July 14, 1997 Potentially Potentially 8;pi/i<ant Less than Sipificant UnI... Sipificant No Impact Mitizated Impact Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or 0 0 0 181 zoning? b) Conflict with applicable environmental 0 0 0 181 plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural 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. n. POPULATION AND HOUSING. Would the proposal: Potentially Sicnificant Impact Potentially SipJlicant Unl... MitiJ:ated Loss thon Sipificant Impact No Impact Page No. 1 p"""tiBlly Sipificant Impo<< PotrntiaUy Sipificant Unless Miticattd Less than Sicnificant Impo<< No Impact 2 a) Cumulatively exceed official regional or 0 0 0 ~ local population projections? b) Induce substantial growth in an area either 0 0 0 ~ directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially 0 0 0 ~ 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. m. GEOPHYSICAL. Would the proposal result Potentially Potmtially Si:nificant Less than in or expose people to potential impacts Sipificant UnI... Si:nificant No involving: Impoct Mitir:ated Impo<< Impo<< a) Unstable earth conditions or changes in 0 0 0 ~ geologic substructures? b) Disruptions, displacements, compaction or 0 0 0 ~ overcovering of the soil? c) Change in topography or ground surface 0 0 0 ~ relief features? d) The destruction, covering or modification 0 0 0 ~ of any unique geologic or physical features? e) Any increase in wind or water erosion of 0 0 0 ~ soils, either on or off the site? f) Changes in deposition or erosion of beach 0 0 0 ~ 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 ~ hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Page No.2 Potentially Sicnifiamt impoct Potentially SJonIfIcant Unless Mitilated Less than Siplficant Impact No Impact Comments: The project will not cause significant geophysical impacts on the site. IV. WATER. Would the proposal result in: pot...Uolly Pot...tio1ly SJonIfIam. Less than SJonIfIam' Un!... SJonIfIamt No Impact M1ticated Impact impoct 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? f) 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) Altered 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 Pot..tially Sipificant Less than Sipificant UnI"" Significant No Impoct Mitizated Impact Impact 0 181 0 0 V. AIR QUAlJTY. 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, 1997, under Health and Safety Code 41700 Rule 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. D 181 D D The Mitigation Measures found in Section E of the Mitigated Negative Declaration for IS-96-08 are hereby incorporated into this section. VI. TRANSPORTATION/CmCULA TION. Potentially Potentially _cant Leo. thon Would the proposal result in: Sipificant UnI"" Sipiftcant No Impoct Mitir:ated Impact Impact a) Increased vehicle trips or traffic D D D 181 congestion? b) Hazards to safety from design features D D D 181 (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Page NO.4 P,"'''i.lly Sipifiamt ~d Potentially Sipifi..., UnI... Miti&ated N. Impod Less !hon Sicnifiamt Impod c) Inadequate emergency access or access to 0 0 0 ~ nearby uses? d) Insufficient parking capacity on-site or off- 0 0 0 ~ site? e) Hazards or barriers for pedestrians or 0 0 0 181 bicyclists? f) Conflicts with adopted policies supporting 0 0 0 181 alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 181 h) A "large 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 concerns 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 Applicant has installed "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: a) Endangered, sensitive species, species of concern or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? c) Locally designated natural communities (e.g, oak forest, coastal habitat, etc.)? Poiontially Poiontially SicnUi.... L... !bon SipUfiamt UnI... SicnUi"" N. ~d :Mi.tit:ated Impod ~d 0 0 0 181 o o o 181 o o o 181 Page No.5 Potentially Si&nifiant !mOOd Potentially Sipifiamt UnI... Mitigated Less than Si&nifi(:8)tt !mOOd No !mOOd d) Wetland habitat (e.g., marsh, riparian and 0 181 0 0 vernal pool)? e) Wildlife dispersal or migration corridors? 0 0 0 181 t) Affect regional habitat preservation 0 0 0 181 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 Merkel 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 Applicant/Operator may be required to change the dust control agent. Pot"'tIalIy Pot",tIalIy Sionffi<ant L... than VIII. ENERGY AND MINERAL RESOURCES. Sipific:ant Unl... Sicn1fb:ant No Would the proposal: '-d Miticated !mOOd Impod a) Conflict with adopted energy conservation 0 0 0 181 plans? 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. IX. HAZARDS. Would the proposal involve: Potentially _<ant Impod PotentiaDy Sicn1fiamt UnI... Mitigated Less than Sionffi<ant !mOOd No !mOOd Page No. 6 a) A risk of accidental explosion or release of 0 0 0 ~ hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 ~ 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 flammable brush, grass, or trees? Comments: Project would not create significant hazards on-site. X. NOISE. Would the proposal result in: Potentially Potentially SIgnIfIamt Lasthon Si&nificant Unl... Signiftcant No Import Miticated Import Import a) Increases in existing noise levels? 0 0 0 181 b) Exposure of people to severe noise levels? 0 0 0 181 Comments: The proposed project would NOT create an increase in noise. There are sensitive noise receptors (single-family 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 Permit will be to comply with the originally approved hours of operation of 6am-lOpm Monday through Saturday, and 8am-6-pm Sunday. XI. PUBLIC SERVICES. Would the proposal Potentially Potmtially S1onJIIcont Lasthon have an effect upon, or result in a need for Sipific:ant Unl... Si&nificant No new or altered government services in any of Import Miti&ated Import Import the following areas: a) Fire protection? 0 0 0 181 b) Police protection? 0 0 0 181 c) Schools? 0 0 0 181 Page NO.7 P_li.aI1y Sipfticant Impo" d) Maintenance of public facilities, including roads? o e) Other governmental services? o PotmtiaDy Sicnificant Unl... Mitilated o o Ltss than Sipiliamt 1m.." No 1m.." o 18:1 o 181 Comments: No new governmental services will be required to serve the project. Xll. Thresholds. Will the proposal adversely impact the City's Threshold Standards? Potmtially SipiIIcont Impod Potentially Sipiftcant Unl... MJtIc..... Less than Sicnificant 1m.." No Impo" As described below, the proposed project does not adversely impact any of the seen Threshold Standards. a) Fire/EMS o o o 181 The Threshold 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 ChuJa 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. b) Police o o o 181 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 I calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 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 Page No. 8 Potentially Siznilicant Im..<< Potentially StcniIican! Unless MitiJ:ated Less than Sipificant Im..<< No Impact The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of I-80S 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: Implementation of the requirements that the Applicant/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) ParksIRecreation o o o jgJ The Threshold Standard for Parks and Recreation is 3 acresll,OOO population. The proposed project will comply with this Threshold Standard. Comments: The threshold standards do not apply to this project as this is not a residential proposal. e) Drainage o o o jgJ The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: As part of the Main Street Reconstruction project drainage facilities will be provided which will partially mitigate the drainage problem in the Faivre Street right-of-way. f) Sewer o o o jgJ The Threshold 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 Threshold Standard. Comments: This project will not affect sewer capacities. g) Water o o o jgJ Page No.9 Potentially Sipilh:ant Impoct Potenfuilly Sipifio:an! Unless Mitq:ated Less than _o:anl Impoct No Impoct The Threshold 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. Applicant/Operators may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: This project will not affect water capacities. XIII. UTILITIES AND SERVICE SYSTEMS. Potentially Potentially _am! Less than Would the proposal result in a need for new _amI UnI... _am! No systems, or substanJial alteralions to the Impoct Miti&ated Impoct Impoct following utilities: a) Power or natural gas? 0 0 0 181 b) Communications systems? 0 0 0 181 c) Local or regional water treatment or 0 0 0 181 distribution facilities? d) Sewer or septic tanks? 0 0 0 181 e) Storm water drainage? 0 0 0 181 f) Solid waste disposal? 0 0 0 181 Comments: The Project Site has adequate drainage. XIV. AESTHETICS. Would the proposal: Potentially Potentially Sicnificant Less than SipUficant Unl... _o:anl No Impoct Mitigated Impoct Impoct a) Obstruct any scenic vista or view open to 0 0 0 181 the public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a 0 0 0 181 scenic route? Page No. 10 c) Have a demonstrable negative aesthetic effect? d) Create added light or glare sources that 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 Chula Vista Municipal Code, Title 19? e) Reduce an additional amount of spill light? o o o o o o o o o jgI jgI jgI Comments: The proposed project will not obstruct any scenic view and will not result in an offensive site for public view. XV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or sacred uses within the potential impact area? potmtially _cant Impact o o o o PotmtiaUy _cant Unl... Miticated o o o o Lesothan _amt Impact o o o o N. Impact jgI jgI jgI jgI e) Is the area identified on the City's General Plan EIR as an area of high potential for archeological resources? Comments: The site is not in an area of high potential for archeological resources. The proposal will not have any negative impacts on archeological resources. o o o jgI XVI. PALEONTOLOGICAL RESOURCES. Will 0 0 0 jgI the proposal result in the alteration of or the destruction 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 paleontological resources as identified by the City's General Plan EIR, no negative impacts will occur as a result of this project. Page No. 11 XVII. RECREATION. Would the proposal: PotentiaDy p"""tially SJcni/icant Los. thon Sipilh:lII1t Unl... Sipilic:ant N. Impod MJticolod Impod Impod 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? Comments: Project will not create need for new recreation facilities. MANDATORY FINDINGS OF SIGNIF1CANCE: See NegaJive DeclaraJion for mandaJory 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 wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or anirnal 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 unhealthful air quality conditions. These conditions will be alleviated through implementation of mitigation measures. b) Does the project have the potential to 0 0 0 181 achieve short-term, to the disadvantage of long-term, environmental goals? p"""tiaIly SJ&nillcon' Import Potentially SJ&nillcont Unl... MJticolod Los. thon SJ&nillcan. Impod N. Impod XVIll. o o o 181 Comments: Project will not affect short-term or long-term goals. Page No. 12 c) Does the project have impacts that are 0 0 0 jgJ individually limited, but cumulatively considerable? (" Cumulatively considerable" 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 0 jgJ 0 0 which will cause substantial adverse effects on human beings, either directly or indirectly? 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: I. 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 periodically 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 Applicant and/or Operator shall: Page No. 13 Potmtially Sipill.amt Impoct Potentially S;pifi"",' UnI_ Mitq.ted Less than Siprlficant Impact N. Impact 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 week or upon request by the City. The MMC will forward weekly monitoring reports to the 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 shall indicate whether dust clouds and/or mud is observed on the Project Site or along the Projects'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 inform the Director of Building and Housing, the City Engineer and/or the Director of Planning, as appropriate. B. Apply 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 shall ensure that any dust control agent so applied shall be biodegradable and non-toxic. If needed, additional applications shall 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 shall 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 the dirt off of Faivre Street or any other method that the MMC agrees effectively removes the dirt. Page No. 14 XX. IMPLEMENTATION AGREEMENT: Project Applicant and Operator hereby stipulate that they have each read, understand and agree to implement 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 Printed Name and Title of Authorized Representative of California Multirnodal, Inc. Signature of Authorized Representative of California Multirnodal, Inc. Date XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. o Land Use and Planning o Population and Housing o Geophysical o Transportation! Circulation 181 Biological Resources o Public Services o Utilities and Service Systems o Aesthetics o Energy and Mineral Resources o Water o Hazards o Cultural Resources o Recreation 181 Air Quality o Noise 181 Mandatory Findings of Significance Page No. 15 -'. XXII. 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 mitigation 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 fmd 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 "potentially significant impacts" or "potentially 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 all potentially 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 determination. Sit2~ d2./ ~/07 Date Douglas D. Reid Environmental Review Coordinator City of Chula Vista o . o o D Page No. 16 ~~~ ~ ~~~~ - --- CrrY OF CHULA VISTA PLANNING DEPARTMENT July 15, 1997 Mr. Keith W. Merkel, Principal Consultant Merkel & Associates, Inc. 3944 Murphy Canyon Road, Suite CI06 San Diego, California 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. . MagTIp.<inm chloride can be used as a dust suppressant as long as it is not applied in such quantities or so frequemIy 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 MMC 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 permitted 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 wbich case the special use permit conditions and mitigation measures are not applicable.. . The use of magnesium chloride as a dust suppressant does not pose a hazard to human 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 691-5097. ~ MiIrtUi''Mmer''-'.. 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(16191691.5101 65/23/1997 68:17 6195667779 MERKEL & ASSOC, INC. PAGE 61 ~~ ~ r I MERKEL & ASSOCJATES, INC. 3944 Murphy Canyon Rd. Suite C106 San 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 PboDe: 691-5021 YOU SHOULD Kht.:tilV~ 31"AGE{S), INCLUPING THIS COVBR SHlmT. 1l'1:-0U DO NOT RECEIVE ALL THE PAGES, PLEASE CALL . ~.~~ 7/ ~u.d~;r/f A ~ L~-/~ ~ _./ ? '/ e:C.- ~~. ~; .~""":"""4 f~ .s;63;f~ --- 5171 MERKEL & ASSOC, INC. CaVLA VISTA ENGINEF'~rG :i u - .~ .E. ~ <i .. Ii! ~.. 1~8 f ., .!O 1 <... } .. U! .<eo., i .,. ;i<.. 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Ii! .. ~ ..... r;..2g. ..." { ... 2; 111 . U ...~ ~ 'II JV . r- 1S1 i ~..'! ~ . . ~I ..- ..1 6 .. . :i1 .- " q..a.. 4 ~ .~ It IIi:;; '~ ;; ~.H " J !:: ~:; . E '! r;o ~ ~..u !!.. .'" ",I ..!1 w.... ..- ...!\. w_u <.:2011 . ('.. ,.... , j ~. t'. . >< )( $ ~. ~. . '. PAGE 04 ~DD4 Giroux & Ass~ates Environmental C<,,~sultants I~~~~_~-Q~~~ZG~ I'~I : ," .' . 'I' ~ I I . i 'U! i. 109- ii'. U I, v I ", , L JiYr MEMO 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, 1rvine California 92614 - Phone (714) 851-8609 - Fax (714) 851-8612 ~ I ~ o .~ .;; i:SN~ ~""~ ~ ,,;'1 "'v~ '"'~ ~d~ ~11~M .- 0_0 ~OVj::=" >. 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C Iii'; " 0 ." ~ " .. E :! " so o:>~ o _ .E ~~ -: .;~ ~:g~ s~- ~oS Uu", "'~ .~ o~ g.,...c: <"'5 ~ Y:;la 0..0- N U 2 o.g ~ g.,c,u u Z -i " ... u noo'"=l" >ao Ow"C 00 ~f-"! ."..eM ~U- ~~'" ","- ._ ~ C> ~~~ ><: u " ...J ,.:. '" ::> Q.,,~ ." C '0 C .. C " C " ~.;;:; & ueE 0.28 '7 u <) ..,..e .- c:; _ C o ~~ <..~ ~ 0 CO) CO) .-i ~~ CO) .-i Merkel & Associates, Inc. 4455 Murphy Canyon Road, Su~e 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 q:p 1 ;'9= I.J_ _ 1::10 PLANNING Re: California Mu1timoda1 (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 locations at 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 uti1ized under a conditional use permit by C.M.I. for a number of years. Concrete K-rails separate the existing revegetation area from these storage yards to the north, and a relatively well defined slope drops of substantially 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 (1986 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 ofFish 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 1995; 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 C.M.!. 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. C.M.!. activities, and no recommendations were made to el1ha11ce 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 from 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 concern involves uplands south of Area D which have been uti1ized for truck container storage. A small peninsUla of land juts out into the wetland; this area clearly 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 uti1ized 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.I. storage activities following the 1989 Merkel 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. .y;-.. Sincerely, ~ Craig H. Reiser Senior Biologist M&A1I 95-049-01 ._-~ /~~~.t ~r -....' . ~' ~'\'~~' \ \, ... '<.~., , .. ~--~_.. .. ...,.")..~, "'_ & 'c1~:~;'. Y .s- f'\ - :. ,. . 1t. ,"."1'. .- . - , -'. ,'" . ..' ..0' ....... '~a.r.;i . ~,I...,..... ,"" . -', .,. \ Q 4, . C-~. !"/ ". ~ ~A<_ ~ .? ~.. 1. '.~"-' .. - IT:;" /i;j' " ~.- . . /"-~_. ;:~~_. ~I\ ~...;:~:~\\'_;) ._,- . :~'..."'p. -.f \ ."":1......... I~_ . .. ~ ......~...? r.,.. ". fI" 't.~ r . -- ....- --.' ". ]6-"Z;;~...14:;' ij, .'~. "(111'"" t(.;-~1:.~ I A"~ 1T2- -: -_.....\<~-1 'J.t. ... .::~~~ .:.: ~::-1' . IT ~:~rr-. \. .1 ,T"'I.' P.rk ~" 1 . ,~ . ;'il~I' '\~I 4rf. , ,..' \- ~ """'1 ,! '. ~ J II ~ J I. -. . 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U . ~ - . :.... . -. -.. ....-..-.-- .. n loCO. .. :. / --_.__._~"....."- a.....u.-: - ~ ._. II..... ._.~ /.:- .~~ : ' ,/ )> ,.I'.............. .-...~: ~-...--.................-..... . ~. -~._,. -r- ,.~ ) --.-,.,.. -:~ J. gt'" ...... /I .... WT~ J co r . "ca I". ' U ~ .. ~- I; . I 1 , . , I I , I , -. .<, '. ,~ 34 . ...._.R.____.~ ':t: .~ t;,............J i' ,u t Project Vicinity Map Source: USGS 7.S' IMPERIAL BEACH QUADRANGLE Figure 1 Scale: 1 "=2000' Mernel & Associates, Inc. - ~ ~ ~ ~ m".;JI'\ ............> \ ifl.'~> .._j;.(~')(+ < ,i ...., . ..--,.. <is "'" "~,i, " .'",;-c.' -- . -- , i i ! ! I '::,to>', _:';' .' ... i- ~ .. ',i) .., \ .. - ...f.-' - ~ . '~"'.~,--~ -~.:~~,:-:..'. '. . i;--2;i.~ ;-I~'~i~.~~~t~. . . ""..,.f,; ~, ~h-'.;"'.' _I'.' .,' ....'f ,,~...'~ ~''''''i''',;,,! ': '; f": .' . i. '" S). '" '. ,."'.' 'iL- .....~,. ~N it .. .!; & ." ~ ~ otj i ~ ;! UJ ! t ~ ;: ~ . . ..I....~.,....". . . .... ,'" .." <',',' .. -', .,;,'.. :: . '" ." ~-., ,- : : '. . "'.:,'.-.. '...-..... i~f) ,;'...., i.' ,;:'_,::,X~'; , :,' .. -,' ; '- :..... ",.- .' .'- -- SfP, 4. 1996 9:44AM GR~ ~lTA CNSLTS 619/573-1777 ~ No. 8898 ~ 2/4 Merkel & Associates, Inc. ..ss Mutp/I)' ClII)'OII RCIIId. 6uiIa 120. &an Diego, CA . 12'123 Pb. (81;1560 15165 . F_ (611) 573-0061 - Sep~ 4.1996 M&AI 950049-01 - Ms.larbara Reid Ea..-IrOf.n'fnta1 PJumcr City or Cbula Vista 276 Fourth Street QmJa Vista. CA 91910 Ite: CalifonJia MI'1thtaOl''' Vpc1ate ( Dear Barbara: YOII J'CQ\IC$1Id III \IPd~teI' IWUS report OIl Califomia MuI~II'1 MIIIDII mqcIIIiaa project CD FaiYJe Street in Chu1a Villa. A Merlcel "AIlCX'ilre.letter or.iuJy 31, 1996IWttrn.tnffd !be iJpllMinn of Ibe wet1ulds for die CIlifomia Depanmcut of F'aab IDd GImI. Yesterday. ScpIaDba' 3. 1996.1 viIitcd tile * 10 "--- die JaIat * mnditinn.1Dd took alCriel or photos 10 provide additiOIIII doc:IDneJIIaIia 1be IeYepratiol1 siIe is beiDa weJI.waII:rCd IDIf most orlbe 1dmd pl~.. ~ mI haft poWD av--11y" my list YiIit 10 tIIe.ite cm1u!y 28. 1996.' 'DIe willows IDIf coIkIawoOds IJIpQf 10 _ po.~ }JIr1i:uIIrI)' MIl in 1111 cobbl)' Ioil. ADoIher M&A IedmicPJ S1Iff member is more Jepllrly 1IIOtIi1oriJIa Ibe * 10 iDsure 1be izrlption system is fuDctioDIng properly mI to report 011 my aIpIfft'" c:haDpI iD life liliiii. 1be WIler availability islllCh Ibat a &ood cover of 'MCd)' ......Ib it abo .~,...."" IbrrwIl"INI die meptation Ira IJIIODg tile uatm p1aDtiDp. A Jllllllber or IbeIe 1'I"".....a..ntty ~ wpeciel_ welcome as !bey provide shade IDd help me aurficial dryiD& of !be IOpIOIlIIId deter _.ive eYIpOI'Uion duriDa die bot IDd IUDD)' laic IUIIIIIICf IDCI fall mo_ wbc:D WIter lIRa can _ inI_. 'IWoweedy 1pCties. Cocklebur OUmthivmJtnDllDrilllll) IIV1 GlrJlDd 0uy...."""'...i1ll (0i1y>>J/_._.. C01'OlIllrium), wID be thimwl from die ,lire because tbey CID evadDIIly arow 10 deDae1y . to discourage &be powIh or W'JeI apQcs. In c=mI. die * is ~~Iy plOIa~ IOWItCII projeeI milestones. If 1011 have any acldilioDal queSIicms pleue Q)1 me at (619) 560-5465. Cni& H. Reiler Semor Biolocis1 . /0/ SiD=el)' . Biological eo.u~ . ~.onme.lIaI ~. HabIt8t Rwt...An. Ec~ Manae"'*" -5?7 ,.,... WSE WELDERS SUPPLY & EQUIPMENT COMPANY A Division of MATHEWS & COMPANY since 1946 APt?'l,:' yJ :.:.i:-1.C,; -" April IS, 1996 Mr. Douglas D. Reid Environmental Review Coordinator Chula Vista Planning Department P. O. 1087 Chula Vista, CA 91912 Dear Mr. Reid: In response to your notice of April 9, 1996, regarding the project for continuation of the truck 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: 1. !)2n:;e~C!..!$ speed~ u$ed by large tr3cto~-t!"2!!er rigs O~ .1 narrow; u!1!mpr0ved 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 trucksj 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 1 . CHULA VISTA, CALIFORNIA 91911 Phone (619) 575-4000 Fax: (619) 575-4009 r'" 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, ~ c4CL- (l cLdciLLI ,; Sandra Caddell President Enclosures 2591 FAIVRE STEET, BUILDING 1 . CHULA VISTA, CALIFORNIA 91911 Phone (619) 575-4000 Fax: (619) 575-4009 r- MEMORANDUM December 1 5, 1993 File # PD-178 TO: Clifford L. Swanson, Deputy Public Works Director/ City Engineer FROM: William A. Ullrich, Senior Civil Engineer wll4. SUBJECT: Request for Deferral of Street Improvements on South Side of Faivre Street at Jacqua Street (APN 622-190-15) Backaround 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 mid block, 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 light 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 $63,790.00 $ 6,379,00 $ 6,370,00 $76,548.00 $ 7,655.00 $84,203,00 $84,000,00 Subtotal Survey & design (10% of subtotal above) Construction staking (10% of Subtotal above) Subtotal 10% contingencies TOTAL TOTAL BOND REQUIRED Conclusions 1, It is more practical to install these improvements as an overall improvement project. 2, The deferral of these requirements will not be detrimental or hazardous to the general public. Recommendation Based on the findings herein, I recommend approval of the deferral with the following conditions: ,.-- - 3 - 1. The deferral shall expire in three years or at such time 'as an overall project causes the improvements to be installed, 2. The permittee shall execute an agreement with the City to participate in the formation of a reimbursement and/or assessment district to improve the intersection of Faivre Street and Broadway. The executed agreement shall be submitted to the City for recordation within 60 days from the date of approval of this deferral. Said agreement may be stated as a clause within the lien agreement. 3. The permittee shall execute the lien agreement in the amount shown in the estimate above, and submit it to the City for recordation. 4, In the case of a Block Grant Project causing the improvements to be installed, the cash bond shall be used to pay for the applicant's share in the costs of those improvements, 5. The permittee shall submit a plan for the installation of a minimum of three speed control humps, subject to the review and approval by the City Traffic Engineer. Upon approval of the plan, permittee shall obtain a construction permit from the City and construct the speed humps in accordance with the provisions of said permit. The deferral request is hereby: [)4 Approved [ ] Denied , Signed~#J~)t1/71AmJ CLIFF D L. SWANSON DEP PUBLIC WORKS DIRECTOR/ CITY ENGINEER Date: /~;~ JA:dv Attachment F:IHOME\ENGlNEERIPERMITSIOEFP0178,JA Dcc.# Iq'i~..c 2.. '7l.fy 1& r '1/)..$./'i~ Recorder: Index as .Agreement., only City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 I , 1 ~- Recording requested by and please return to: - ... This space for Recordu's use, only ... , 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 31'(;/ day of De.c..L-h? 6~ r , 1993, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and FENTON-WESTERN PROPERTIES, an H.G. Fenlon Company, ("Property Owner"); WIINESSEIH 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: . - .. - . . ......0 _ . _~ __1 ""'-_........_ .:_...L_ 1"'1:.....-_,.L',/""......h _,t= . - _ _ ,'. ,-""' PROP~~WFICE SAN DIEGO TRUST & SAVINGS BANK 6906 MIRAMAA ROAD SAN DIEGO. CA 92121 90-52 1222 26879 CHECK NO, CHECK DATE , , r *** Twenty Si x & NO/1 00 *** ~ 26879 01/05/94 r I I 1 ! COUNTY OF SAN DIEGO 5201 RUFFIN ROAD SUITE H SAN DIEGO, CA 92123-1677 ~02~a?~~ ~~2220052~~OO~~o~o~~aa~ r- 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, f 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. Al:reement to Perform Improvement Duty: Property Owner(s), or successors in interest, ii1 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 ~ 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. Aweement Runs with the Land: The burden of this covonant 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 assigns 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 Index 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 -and 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 fIling 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 refusal 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 andlor 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), hislher/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), hislher/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 hislher/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 aI. ("1911 Act Proceeding"), or that chapter of said Code, commencing at ~ 7000, et aI. ("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. ~tions: Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. Page 5 . a-- ~~~ 4. Entire A~reement: This Agreement contains the entire agreement between the parties regarding the subject matter hereof. AIly prior oral or written representations, agreements, understandings, and lor statements shall be of no force and effect. 5. preparation of A~reement: No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and lor drafted this Agreement. It shall be conclnsively presumed that both parties participated equally in the preparation andlor drafting this Agreement. 6. Recitals: Exhibits: AIly 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 arismg 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 >~~--""""'':j.">~'''''''''''''----'''''''~'''''''''~''''''-t~~''''''-''-'''-''-'''''''>''''''>'''''~ -- ~te of California , -} , County of San Die~o J .~:: .:...-:--......".......-..~"""..;",................---->->.......-.. - .-......=--......>.....'><...~ c.. - OPTIONAL SECTION - i , CAPACITY CLAIMED BY SIGNER ~ 1'hoIJoh staWIe does. not l8qUire the Notary to ~ fill in 1M d,p,ta tHllow. doing so may prove ~ __ to po.........1ying on !he dooJInOnl Z o INDIVIDUAL ~ IX] CORPORATE OFFICER(S) '~ ~ i ~ WITNESS my hand and official seal. 9) ~ tf t-..J~ ~ ~ ,~ SIGNATURE OF NOTARY '~ OPTIONAL SECTION ~ ~HIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT ~ " THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT 't Though .he "".. raquaslad he.. is no! raqu;rad by law, SIGNER(S) OTHER THAN NAMED ABOVE ,," l' ttcouldpreventfnludulentreattachmenlofthlSform, . . _ _ -- -~~-~- :s...,;""~""""_<""""""<,,___,,,:,.(-,;,<,,,,___~",,,>%.....<....-...<....-<..._~ ~ tc...s..~ :os ~-S-..~~-""->--,>--~-,,---~_.......~~~~ ~ """"--= 309 71&C '.~"""S-""-'t.."";"'''''":>''';''c...~"':>.~~'s..~'~ ~ ~ ~-~ ~~ C1993 NATtONALNOTAAY ASSociATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Park, CA 91 . ->-- ;7.....")> -~ -~ ....... On 12/23/93 DA'Ti Carol A. Williams. Notarv Public NAME. TJTt.E OF OFFtCER. E,Q.. -JANE DOE. NOTARY PUBUC" before me, Henry F. Hunte personally appeared .....E(S' 01' SlGHER(S) IX! personally known to me . OR . 0 proved to me on the basis of satisfactory evi~ence tD be the persDn(s) whDse name(s) Is/are subscribed to the within inslrument and ac- II. cwIoL A. ..-.u,.. ,I knowledged to me that he/sh~lthey exec,uted i MafAAY~ __IJI' the same in his/herlthelr authoTlhze~ COIIII, NUIIIS""" - capacity(ies) and that by his/her/t elr -. ~, IIY C~II~i:P~~ '"711 signature(s) on'the instrument the pe.rson(s), " or the entity upon behalf of which the person(s) acted, executed the instrument. .~ u. , TmE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSOH(S) OR ENTITY(1ES) :'-PVRPOSE ACKNOWLEDGMENT Slare of California ) Capadt,. CJaimed b,. Signer 1 County of Sa! Diego ), C_ - --- ~ f tf ~ Doo............ ova,........ On , I ~ , '1 7 before me, Vicki Soderquist. De"utv City Clerk. /~) 1lolo(o) personallyap eared Clifford L. Swanson, Doollty Public Works Director/City Enl.'ineer """010.._ "-" , j \ . - \1 personally known to me - OR - 0 proved 10 me on the basis of salisflclory evidence 10 r ~e person(s) whose name(s) is/are subscribed to the within iDsIrumetlllDd acknowledged to me thai belshe/they ex~ the same in bislber/their authorized capacity(ies), aDd thai by bislber/their signalUre(S) on die inslNmeolthe person(s), or !be eolity upoD bebaJf of wbich the person(s) acted, executed the instrumenl. WITNESS my baDd aDd official .. \,\"y,(i -s',R, ''1""t Signature D . C_, - C_ ...... _0' CT_) T... C..... 1lolo(o, 1lolo(o) -)- -'- ./ SIGNATURE 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: 1;Z//7!I~ BY:~~~/I-V~)~~~ CLIFF ;(7 ~./~~SON, DEP!J1'Y U IC WO !RECTOR/CITY ENGINEER (City Clerk to attach acknowledgment.) DATED: PROPERTY OWNER(S) 12/23/93 ~v-~'\.'\. ~ ~ ,_~ IC.QQ , DATED: (property Owner(s) 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. B UCE M, BOOGAARD CITY ATTORNEY J Page 7 / ~ MEMORANDUM v r January 7, 1994 File No. PD-178 TO: Beverly Authelet, City Clerk Bruce Boogaard, City Attorney U William A. Ullrich, Senior Civil EngineeryJ.Lt{ 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/trailer 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 Ene. Exhibit 1 Locator Map I! ",," , - , . ,- Ii In V) ~ '-' in [ ~ c-p MAIN ST I-- I CHULA VISTA PLANNING C5 ~ IFILENUMBE~ NORTH No Scale 5UPS-96-06 TL--- I 11 I 1hL4 I JM4[ .... -V>_ -<(- ::;) -c:;r- -u- _ lI~I ~//////,~//? 23B7 FAIVREST ;:;;~~~~~245' FA!VRE5T CALIFORNIA ~ MULTI,MODAL INC, FAIVRE 5T LI~p I I CITY OF CHULA VISTA , I , CITY OF SAN DIEGO .. In PROJECT LOCATION WHITELANDS c< w In :3 o :r: ~ DEPARTMENT ~~~, Fenton Material! California , Mulllmodal, Inc. PROJECT i!o48& F a'lvre St. ADDRESS, ""S\ PROJECT DESCRJP1l0N, SPECIAL USE PERMIT Request: To continue using parcel for truck and trailer storage, See previous CUP PCC-90-02. " ;1(, r~C! \:.!,~ 11 :11118 \(:~ rlos \Iocr:tors\s u p9606 .cd ~ 5l')!j.l97 ~ - -, " . - :'. An17.ISS5 1I:15JJ! '-. UTA emu 619/573-1777 11,5665 P. 6/15 .. ~. - . r- . . ! . , I r. ! . j C): 010). C\I , . '. . to) ..; .. ~ -0 10 C\i CII i) ~- i ,.. ,- ~ ." , ~,. , , I .' . W. -'1\.... , .f)('. I .. ~ ,,- , . ..' .. , Clr . - . -_......~ - --- .. . ~..5j . . ~H.--.. rp ,r . .. .,,\'. r " . -.,. .- IN 1 '-I "". . I . Exhibit 2 Minutes, Staff Report, Attachments and Exhibits from the 9/11/96 Planning Commission Public Hearing on this Item Excerpt From 9/11/96 Planning Commission Minutes ITEM 3: PUBLIC HEARING; SUPS-96-06; REQUEST FOR A CONDITIONAL USE PERMIT TO CONTINUE OPERATING A TEMPORARY TRUCK TERMINAL/TRAILER STORAGE YARD AT 2400 FAIVRE STREET - California Multi-Modal, Inc. and H.G, Fenton Material Company Associate Planner Miller gave the staff report, noting that staff had concluded that the use of the project site as a temporary truck terminal/trailer storage yard was an appropriate use until such time as a more comprehensive land use study could be completed and more suitable land uses could be defmed for this area, Staff, therefore, recommended that the Planning Commission adopt Addendum IS-96-08 to Negative Declaration IS-90-09M and PC Resolution SUPS-96-06 recommending that the Redevelopment Agency approve the application to continue operating a truck terminal/trailer storage yard pursuant to the draft Redevelopment Agency resolution, as amended to included the hours of operation, Commissioner Willett noted that one of the letters from Welder Supply Equipment commented on the deterioration of the street leading into the applicant's property, He asked if Public Works had been alerted to the deterioration of the street, Senior Civil Engineer Goldkamp responded that he was not aware whether Operations had been apprised of the condition, They were aware of the problem with drainage on the adjacent westerly parcel. They were trying to work with the owner of that property in resolving the drainage problem there. Commissioner Willett suggested that staff look into that and answer this letter, and also for the Planning Commission's information. Mr. Goldkamp stated that regarding improvement of the street, three years ago Engineering conditions had been placed on the property so that in the event they came in for a building permit of over $10,000, they would have to install certain public street improvements along the frontage of that parcel of 660 feet in length. The applicant at that time entered into a deferral agreement with the City of Chula Vista, which expires in December. One of the conditions in the deferral agreement is that they will install those improvements prior to the expiration of that three-year period. Commissioner Willett noted that it had never been brought to the attention of the Otay Regional Valley Park that this applicant had been trying to restore the wetlands, He suggested that staff forward this comment on to Frank Herrera-A, a member of the CAC, Mr. Willett supported the restoration, but other committees needed to know about it, Commissioner Thomas asked if there had been any complaints or any problems with the existing use, Mr, Miller stated this particular use permit was noticed and there were no complaints received, In 1993 when they had gotten their extension, there had been complaints from residents on Jacqua concerning dust. A condition was introduced at that time, which is still effective and in this conditional use permit, that the applicant has to apply magnesium chloride, which is a biodegradable substance, to the driving areas including the public right-of-way in front of their property to control dust. Commissioner Thomas stated that he was confused regarding the tirnefrarne. Mr. Miller said that the original conditional use pennit expired with a maximum life tenn of five years, The applicant had their application in prior to that time requesting this conditional use pennit. He explained that this was not an extension of the original conditional use pennit which expired, This is a new conditional use pennit; the redevelopment area had been created, and therefore it is a special use pennit falling under the redevelopment law, Commissioner Willett asked if the applicant was responsible for the street in front of his entrance regarding holding down dust. Mr. Miller said he was responsible for 660 feet along Faivre Street. He was not responsible for applying the magnesium chloride to the public street, but to the shoulder area which was unimproved. This being the time and the place as advertised, the public hearing was opened, Eddy Kubota, 2387 Faivre Street, C.V., representing California Multimodal, Inc, (CMI) , supported the extension of the conditional use pennit for another five year tenn, He was available to answer questions, Commissioner Willett asked if he was in agreement that he was responsible for the area alongside the street in improving it some way? Mr, Kubota stated it would not be their responsibility, but the property owners (Fenton) who would have to improve the street if there were $20,000 worth of improvements, Regarding spraying the shoulder of the street, they had agreed to that. They sprayed twice a year, prior to summer and at the end of summer. Commissioner Willett asked if it was only sprayed twice a year, or during the week, Mr. Kubota said they were spraying it twice a year with magnesium chloride. Commissioner Willett stated that he was confused; he thought they would be spraying more often to keep the dust down. Mr. Miller stated that magnesium chloride was a kind of substance that held the dirt together for weeks or months at a time, It was environmentally safe, In this particular special use pennit, staff is requiring that it be sprayed a minimum of three times a year--spring, summer, and fall, and any other time of the year that the Zoning Administrator deems it necessary , Commissioner Willett stated that he had visited the site twice, the prior week and that day, and he had noticed dust being raised by trucks on the pavement. The wind from the truck brings a whirlwind from the side of the street. Mr, Kubota stated that they would bring a street sweeper in to sweep the street prior to applying the magnesium chloride, They actually sprayed the street, the shoulder, and their traffic areas, They were agreeable to that, Linda Kaufman, 7220 Trade St., Suite 300, SD, representing H, G, Fenton Company, stated that they were in agreement with staff's recommendation, She questioned the five-year pennit and the one-year extensions, There was nothing about an appeal if the Zoning Administrator were to deny the project after the first year, or whatever, She asked if there was an appeal process. Assistant Planning Director Lee stated it went automatically to the Planning Commission, She stated they had a deferral agreement; they were aware that it was expiring, If they came in with a building pennit, they would be going for the deferral agreement; they would do all of the road improvements that they had agreed to. Because of the interim use, they would ask for a deferral of the road improvements until it was a pennanent use, She noted that the magnesium chloride usually lasted from four to six months if properly applied and really cut down the dust. Commissioner Willett asked if because of the temporary use they had not done the road improvements, Ms, Kaufman said they had not because it was an interim use, not a pennanent use, The Otay Valley Park people would sometime come up with a plan and their site would be designated. The redevelopment group was becoming active there, and they would like to do something pennanent on the site, George Solis, 151 Jacqua St., CV, stated that he had been complaining about the condition of the street and traffic, The street was not wide enough for two trailers to pass each other; one of them had to go on the shoulder in order to avoid hitting, There was dust constantly. They had only sprayed once in five years, The street was deteriorated to the maximum, Trucks were always speeding; he was concerned about safety of the children, 90% of the trucks were from Mexico, and Mr. Solis thought they possibly did not know the traffic laws here. Trucks parked along the street and honked their horns trying to get other trucks to move, There was a bus stop on the comer in front of his house, The bus driver put on the blinking lights and stepped around the bus with a stop sign; she was almost run over, He suggested that speed bumps be put in the street. The chemical had been sprayed, and two weeks later there was loose dirt there, Commissioner Willett stated that there had been two officers on motorcycles with radar guns in the area during the day when he had been there, along with a police vehicle, They were monitoring traffic, They had pulled over a truck and a van, Anthony Vasqua, corner of Jacqua and Faivre St., gave staff a tape to be reviewed showing the trucks blocking the whole street, He was in favor of the pennit as long as they kept the dust down, It was hard for them to breathe dust eight or nine hours per day, No one else wishing to speak, the public hearing was closed, Commissioner Salas stated that the timing of the pennit confused her and the testimony of the applicant in tenns of road improvements, This was still something that was going to be considered on a year-to-year basis, If the applicant had not made road improvements in the past because there was no certainty to the project, what was the incentive for the applicant to make those improvements now, Mr, Lee replied that the City had a deferral agreement which was to expire in December 1996, The City can call that forward at any time, Staff was uncertain as to the history of what triggered that deferral agreement. Mr. Lee thought that should be reviewed with the applicant to ascertain whether or not to call that deferral forward and have those improvements installed, Mr. Lee said that could be done and staff could report back to the Commission for the expiration in December. If there is a consideration for an extension, that could be folded into the equation, By testimony at this public hearing, it is evident that there were potential issues which should be looked at very carefully, along with the road condition, Commissioner Salas said there had also been a very strong letter from Welder Supply Equipment that also documented that, She hoped the deferral was called and that the applicant made the necessary improvements. Mr. Lee stated that it was at the discretion of the City Engineer, but because of the circumstances and how this had been extended, there had been no discussion with the applicant. In fairness to the applicant, staff needed to go through that. If the concerned citizens wanted to leave the tape with staff, they would review that and get it back to them, Commissioner Salas asked if it would be within the Planning Commission's authority to include a condition that the road improvements be taken care of or that deferral be withdrawn. Mr, Lee replied that the Commission could place the condition; however, there was time to call the deferral forward and get those improvements installed. The Planning Commission could either take action on this item to extend the project for a certain period, but the improvements could be required before any extensions were granted; or the item could be continued for two weeks at which time staff could have a better resolve with Engineering as to whether it made sense to call up the deferral, and report back to the Planning Commission before they made the decision, It was not time sensitive, MS (Thomas/Salas) to defer the item for two weeks because of the road condition and the dirt, and because it was not time sensitive. Commissioner Willett recommended that the City talk to all of the businesses on that street regarding the road problem. Mr. Lee said that if the City had a deferral on that particular applicant, he did not know if the City had any control over the others, It might be that staff would report back that staff could call up improvements for 600 feet of the road, but other sections would remain unimproved, He was not comfortable without discussing it further with Engineering and getting all the facts, Commissioner Davis asked how the Otay Valley Regional Park Planning work into the road improvements in the future, Mr. Miller said the intent of the wording in the staff report and the recommendation and conclusion was that there were land use studies going on which, hopefully, would compel developers to come in and build a higher and better use in that area, That was why the pennit was on one-year increments, Commissioner Willett said the Citizens Advisory Group was preparing a draft EIR report on the Otay Regional Valley Park which was about ready for publication, One of the problems was identifying the park boundaries, The rest of the City could not do anything for any of the people until that report was out and identified and a final EIR issued with park boundaries identified, Commissioner Davis could not support the motion to defer; she did not think they would have the answer in two weeks and the Commission should go ahead and approve the conditional use pennit, and then have staff work with the need for road improvements based on improvements to the property where there would be a nexus for requirement. (The meeting was interrupted at 9:10 p,m, because of a fire alann and resumed at 9:30 p,m.) Commissioner Davis left the meeting at 9:10 p,m, Commissioner Thomas asked that his motion be amended to accept staff's recommendation with the purview that staff understands their concern for the street condition and the dust and to check into calling the deferral in, The motion died for a lack of a second, Commissioner Thomas restated his original motion to continue the item for two weeks, based upon Mr, Lee's suggestions. Commissioner Willett concurred, Commissioner Salas asked that Condition E on page 6 be reviewed, She understood that the applicant would apply the magnesium chloride at least three times a year, This condition said that it would be applied to all driving surfaces at least once a year. She wished to see it put in the condition that it was at least three times a year, or perhaps quarterly, Mr. Miller said the wording should reflect that it would be spring, summer, and fall at the very minimum and during any other time of the year, including the months in between, if the Zoning Administrator so detennined, Commissioner Salas asked if the residents in the neighborhood called and complained that there was a dust problem, would that prompt the Zoning Administrator to visit the site to make sure things were in order, Mr. Miller concurred, Mr. Lee said they would review that condition along with the others and discuss it further with the applicant to clarify, VOTE: 4-0 to continue for two weeks (Commissioners Ray and Tuchscher absent; Commissioner Davis had left the meeting) PLANNING COMMISSION AGENDA STATEMENT Page 1, Item: 3 Meeting Date: 09111/96 ITEM TITLE: Public Hearing: SUPS-~ - RequCst for a special use pennit to continue operating a temporary truck terminal/trailer storage yard at 2400 Faivre Street - California Multi-Modal, Inc. and H.G. Fenton Material Company The Applicants are requesting permission to continue operating a temporary truck terminal/trailer storage yard at the property located at 2400 Faivre Street (west end of Faivre Street - APN 622- 190-15). This use was originally approved on July 11, 1990 and conditioned to operate under Conditional Use Permit PCC-90-02 (Exhibit 1). The Project received an extension on August 13; 1993 (Exhibit 2). The property is approximately 9.64 acres in size. The proposal is to use only the northerly 3.0 acres (Exhibit 3 Locator Map and site plan attached to the Addendum). The operator of the property will be California Multi-Modal, Inc., which operates on the property immediately to the west and will continue using this property for storage of truck trailers. Subject parcel is located in the Montgomery Community/Southwest Redevelopment Area. The Environmental Review Coordinator has issued an Addendum (lS-96-08) to the original Negative Declaration IS-90-09M dated December 29, 1989 (Attachment 2). RECOMMENDATION: That the Planning Commission adopt the Addendum IS-96-08 to Negative Declaration IS-90-09M and attached Resolution No. SUPS-96-06 recommending that the Redevelopment Agency approve the application to continue operating a truck tenninaJ/storage yard pursuant to the attached Draft Redevelopment Agency Resolution No. (Attachement I). DISCUSSION: 1. Site CharacteristicslExistinj! Uses: Subject property has been used since mid-1990 as a truck terminal/storage yard by California Multi-Modal, Inc. (CMI). No structures exist on the site. CMI has its offices and employee parking on the parcel immediately to the west. The 9.64 acre site is located on the south side of Faivre Street at Jacqua Street and within the 100 year floodplain. The southerly 6.64 acres is located within the t100dway. The site is also located within the California Coastal Zone. 2, General Plan. Zonine: and Current Land Use: Site: North: South: East; West: General Plan Whitelands R & U (SSA)* Whitelands Whitelands Whitelands Zonine: ll..-P ll..-P ll..-P ll..-P ll..-P Current Land Use Truck terminalfstorage yard Residential, auto repair Otay River Vehicle impound yard Truck terminal/storage yard "'Research & Limited Industrial (Special Study Area) 3. Prooosa1: The Applicants are requesting permission to continue the use of the parcel as it has been used since mid-l990 as a truck tenninallstorage yard. The plan provides space to accommodate approximately 134 2O-foot long trailers and about 94 4O-foot long trailers. A trailer is located along the western 'property line and functions as guard building. No permanent improvements were approved under PCC-90-02, nor are any requested as part of this permit. Various items are transported to and from the site from Long Beach, 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 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. In light of the existence of a residential area long lacqua Street, staff is recommending that the originally approved hours of operations be maintained. 4. Analvsis: 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). The site is also part of the Otay River Valley Regional Park. Because the area is located within the Whitelands Study Area, the SRA and the Regional Park, staff has included a condition of approval which requires that the use be limited to a maximum of one year, with the possibility of one year extensions for a maximum of five years. Albeit a comprehensive study is being undertaken at present to determine the highest and best use of the property, it is anticipated that the results of this study will not be known for at least one year. Therefore, the landowner, H.G. Fenton Company, should be allowed viable economical use of their land on a temporary basis. Approving this permit for a limited period of time (one year with a maximum tenure of five years), the use would be consistent with the intent of the MSP and would protect the public's future interest in the Whitelands. The extension requests will be processed by submittal of a letter to the Zoning Administrator by the Applicants prior to the anniversary date each year. The Zoning Administrator will review the request to determine if there have been any changes, materially or operationally, which may merit further review, or take into consideration the status of any special studies being undertaken. If there are no such changes, the extension can be approved by the Zoning Administrator for a' one year period for a maximum of five years. If there are material or operational changes, the Zoning Administrator may do one of two things. First, he/she may add conditions, as appropriate, if the changes are not of a nature that can not be easily identified and addressed. Second, if the changes are more complex, in the oPinion of the Zoning Administrator, helshe may require that the matter be set for a public hearing before the Project Area CommitteelPJann;ng Commission. In the event a special study is applicable, the Zoning Administrator may, at hislher sole discretion, deny any further Page 3, Item: 3 Meeting Date: 09/11/96 extensions. 5. Conclusion: Staff has concluded that the use of _the Project Site as a temporary truck terminal/trailer storage yard is an, appropriate use until, such time as a more comprehensive land' use study can be completed and more suitable land uses can be dermed for the area. Attachments 1. Commission and Draft Council Resolutions 2, Addendum to Negative Declaration IS-90-9M (lS-~1 3, Disclosure Statement Exhibits I, Staff report and minutes of the Planning Commission Meeting of 7/11/90 2, Letter of 8/13/93 conditionally approving an extension to PCC-904.I 3. Exhibits: Locators, Site Plans. etc. (m: \home\plam1iDglDwtinlf.....lfaivrcI9606pt,rpt) Attachment 1 Commission and Draft Redevelopment Agency Resolutions --I RESOLUTION NO. SUPS-96-G6 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE REDEVELOPMENT AGENCY GRANT A SPECIAL USE PERMIT FOR A TEMPORARY TRUCK TERMINALITRAILER STORAGE YARD AT 2400 FAIVRE STREET WHEREAS. a duly veimed application fur a special use permit (SUPS-96-06) was_filed with the City of Chu1a Vista Planning Department on July 10, 1995 by 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 termina1/ttailer 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, an Addendum to IS-90-09M was executed as pan of IS-96-08; and WHEREAS, the hearing was held at the time and place as advertised. namely September 11, 1996 at 7:00 p,m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT TIIE PLANNING COMMISSION hereby recommends Redevelopment Agency approval of the attached draft Redevelopment Agency Resolution 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, CAUFORNIA, this day 11th day of September, 1996 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Frank Tarantino, Chair Nancy Ripley, Secretary (m:\homoIp...",.,.lmaniDlf.....Ifaivre\5l606p<,....) -.;c RESOLUTION NO._ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VIST~ APPROVING A SPECIAL USE PERMIT FOR A' TEMPORARY TRUCK TERMINALITRAILER STORAGE YARD AT 2400 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 2400 Faivre Street ("Project Site"); and, B. Project Applicant WHEREAS, a duly verified application for a special use permit was flIed with the City of Chula 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 C. Project Description; Application 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 terminalltrailer storage yard ("Project") in the IL-P Zoning Disnict at Project Site; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on September 11, 1996 and, after taking testimony from those present, closed the public hearing, after which they voted _-_ recommending that the Redevelopment Agency approve the Project in accordance with Planning Commission Resolution No. SUPS-95-02; and 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 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 10 days prior to the hearing; and (""Ibome\pIalmi!li\maninIf.....lfoivrel9606ra,ra) -3 Resolution No. Page #2 F. Place of Public Hearing WHEREAS, the hearing was held at the time and place as advertised, namely October I, 1996 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Redevelopment Agency and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency does hereby fmd, determine arid resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on September 11, 1996 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. NOW, THEREFORE, BE IT RESOLVED TIlAT TIIE REDEVELOPMENT AGENCY hereby approves Special Use Permit SUPS-96-06 based on the following findings and all other reports, evidence and testimony presented with respect to the proposed use. m. CERTIFICATION OF COMPUANCE WIlli CEQA The Redevelopment Agency approves the Addendum IS-96-08 to Negative Declaration IS-90-09M. IV. SPECIAL USE PERMIT FINDINGS The following findings are required by the Southwest Redevelopment Plan which governs the issuance of special use permits. The Redevelopment Agency of the City of Chula Vista is able to make findings in support of the Project as required by'the City's rules and regulations for the issuance of special use permits, as hereinbelow set forth, and sets forth the evidentiary basis for approval of the proposed Project: 1. 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 (m:\bome\p!olmin&ImoniII\fcIIIonIfaivroI9606ra....) -L( Resolution No. Page #3 working in the vicinity or il\iurlous 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 speclal use permit will not advfrseIy affect the general plan of the City or the adopted plan of any government agency. The site is located in the "Whitelands" 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 allowing this use for a temporary period, and the Planning Deparunent'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 applicable plans and policies. , V. TERMS OF GRANT OF PERMIT The Redevelopment AgerK:Y hereby grants Special Use Permit SUPS-96-06 subject to the following conditions whereby the Applicants shall: ' 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 all conditions of approval pursuant to PCC-90-02 or as otherwise modified herein. C. Comply with all Project requirements as incorporated into the project description of the Addendum issued on IS-96-08. D. Operate the Project for a maximum of one year unless an .extension is obtained prior to the expiration date. A maximum of five extensions may be granted, after which time this approval becomes null and void. Applicants shall submit any extension request to the Zoning Administrator prior to the anniversary date of this approval each year for consideration. Depending on any changes, whether (m:\homo\pIanninaImaninIf-.>lfoivJoI9606n,res) -$ Resolution No. Page #4 materia1 or operational, or if a special study is applicable to the area, the Zoning Administrator may approve or deny any extension request at hislher sole discretion. DepeOOing on the changes, the Zoning Adminilltrator may also refer any extension request to the p'"nniT1g Commission who may approve or deny any request at their sole discretion. E. Apply magnesium chloride to all driving surfaces at least once per year, including the Project's frontage along Faivre Street right-of-way, at owners expense. If needed, additional applications shall be applied at owners expense during the summer, fall and/or winter seasons as determined by the Zoning Admini~trator. F. In the event any site improvements equal or exceed $20,000 in valuation, improve Faivre Street to the satisfaction of the City Engineer. G. Schedule a security survey with the Crime Prevention Unit of the Chula Vista Police Department and implement any suggestions resulting therefrom to the satisfaction of the Chief of Police. H, Provide parking on the Project Site or on the parcel immediately to the west used by California Multi-Modal, Inc. for all employees, staff and drivers. I. Applicant/operator shall 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 all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "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. Applicants shall 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 shall be binding on any and all of Applicants' successors and assigns. J, This permit shall be subject to any and all 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 shall 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 economically recover. (m'Ibomo:\p.......,__\fUvre19606ra,...) -t'c; Resolution No. Page #5 K. This Special Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code., Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. L. 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. M. Comply with all applicable 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 applicable. VI. INVAUDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment 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 tenns, 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. TillS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY TIlE REDEVELOPMENT AGENCY OF TIlE CITY OF CHULA VISTA, CAliFORNIA, THIS 1ST DAY OF OCTOBER 1996, Presented by Approved as to form by Robert A. Leiter Director of Planning Ann Moore Interim City Attorney (m:lhomelplanning\maninIf.....___"') -7 AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF TIlE CITY OF CHULA VISTA AND " H.G. FENTON COMPANY, OWNERS OF 2400 FAIVRE STREET (APN 622-190-15), AND CAl1FORNIA MULTI-MODAL, INC. RELATED TO THE CONDmONAL APPROVAL OF SUPS-96-06 Applicants shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicants have each read, understood and agreed to the conditions contained in Resolution No. , and will implement same to the satisfaction of the Agency. Upon execution, this document and a copy of Resolution No. shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the Applicant, 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 shall indicate the Applicants' desire that the Project, and the corresponding application for a business license, be held in abeyance without approval. Signature of Representative of H.G. Fenton Company Date Signature of Representative of California Multi-Modal, Inc. Date Attachment: Resolution No. -8 Attachment 2 Addendum to Negative Declaration IS-90-09M -f ADDENDUM TO NEGATIVE DECLARATION IS-90-9M PROJECT NAME: CMI Trailer Storage PROJECT LOCATION: West end of Faivre Street, south side of street PROJECf APPliCANT: H.G. Fenton Material Company PROJECT AGENT: Allen M. lones CASE NO.: IS-96-08 DA1E: lune 6, 1996 I. INTRODUCTION The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERe) to prepare an addendum to a Negative Declaration or Environmental Impact Report, if one of the following conditions is present: I. If some changes or additions are necessary to' a previously certified EIR but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. 2. If only minor technical changes or additions are necessary to an adopted Negative Declaration This addendum has been prepared in order to provide an updated environmental analysis of the proposal to extend the existing use of the site. Minor technical changes/additions analyzed here include: public service impacts and the need for a wetland habitat restoration plan concerning the northern portion of the wetland area which was illegally filled but has been restored and revegetated. Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following addendum to the Negative Declaration for the IS-90-9M. ll. PROJECT SETIING The project setting consists of approximately 3.0 acres of land located south of Faivre at lacqua Street and is located within the Otay River I DO-year floodplain. The parcel is dissected horizontally by a fire access road. Under provision of the expired Special Use Pennit, the northern portion of the site is being used as a temporary truck and trailer storage. The southern portion of the site is wetland area. This portion slopes towards the Otay River and is located within the floodway. It is comprised of riparian scrub and roderal field, Surrounding uses include: mini-storage, industrial warehousing, car sales 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 -/~ m. PROJECT DESCRIPTION The original use permit for this parcel has expired, therefore, the applicant is requesting a new Special Use Permit. The expired permit allowed for temporary use of the property including vehicle parking and storage, equipment yard, offices, custodial and security facilities and other related activities. The granting of an extension to the expired Special Use Permit would allow for a continuance of those uses. The southern ponion of the site is wetland and will remain undeveloped, however, a portion c;>f the wetland area was filled. A wetland habitat restoration' plan has been prepared (see attached), and a replanting effon is underway to bring this area back to its natural state. The Depanment of Fish and Game has granted a Streambed/Lake Alteration Permit (Streambed/Lake Alteration Notification No. S..Q21-96) regarding this restoration project. An NPDES (National Pollutant Discharge Elimination System) permit and an SWPPP (Storm Water Pollution Prevention Plan) permit will be required. Surrounding residents and business owners have expresSed a variety of concerns regarding the project site and vicinity (see attached letter). Several of the speed, parking and vehicle repair concerns are law enforcement issues and the Police Department will be made aware of the concerns. Also, tlie City currently has no plans regarding street improvements on Faivre between Jacqua and Broadway. Finally, there has been only one reported accident from 1991 to present in the project vicinity. This shows the area to be below State standards for traffic related concerns. The applicant has installed "no parking" signs on the fence along the nonhern perimeter of the site. Neighbors believe that this is forcing CMI employees to park on Jacqua which is reducing residential parking in the vicinity of the site. It will be required that all staff/driver parking be contained on-site. In reference to the dust problem created by the project site, the applicant has incorporated the use of a potassium chloride product which is sprayed on the site to control dust. Engineering staff state current drainage is not adequate to service this parcel. There is no storm drain system on-site. Due to the encroachment into the wetland area and the mling-in of an earthen drainage swalealong the southern perimeter, severe drainage problems exist on-site. The drainage problem at the northwest comer of the property line must be corrected to prevent flooding in the Faivre Street cul-de-sac. In addition, curb, gutter and sidewalk improvements will be required from Jacqua Street to the western terminus of Faivre. A minimum IS-foot drainage easement along the entire easterly property line is required The applicant will be required to participate financialIy with these improvements. A Special Use Permit granting the extension is required A portion of the site is in the California Coastal Zone, however, the California Coastal Commission's "California Code of Regulations" Section 130505 states that a coastal development permit shall only be required on those ponions of a development actually located within the coastal zone. Since there will be no development on the portion of the parcel located within the coastal zone, no permit will be required O/,IAnuIP/ouilrtIkdo\_..o _11 -If IV. CONCLUSION Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additionS which, are necessary to make the Negative Declaration adequate under CEQA '*15'~~(~v;~ ) ENVIRcjNMEm<<L REVIEW C60RDINATOR REFERENCES General Plan, City of Chula Vista Title 19, Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures "California Multimodal, Inc./Faivre Street Wetland Habitat Restoration Plan" prepared by Merkel and Associates, Inc. (October 5, 1995) Department of Fish and Game "Streambed/Lake Alteration Notification No. 5-021-96" (December I, 1995) Barclays California Code of Regulation&, Chapter 5, Coastal Development Pennits issued by Coastal Commissions. (1I,,,,,,,",~IU/o\__aoI) ,.,,3 -/dt ".' Apr,17.1996 11:12AM . ' . . '. GROIlt DELTA CNSLTS 619/573:1177 , - . California MultimodaJ, lDe.1 , Faivre Street Wetland Habitat Restoration Plan PrepaNd/Dr Califomia, MuhimodlllDt. 2387 Faivre Street CIuIa Vim, CIlifomia 91911 Ph: (619) 423-0292 PrqarI4 by Merkel It AAOciaItS, me. 4455 Murpby ClDYOD Road SUite 120 San Diego, CIliforuia 92123 Pb: (619) 560-546.5 Fx: (619) S73-OO69 0c:t0beT 5, 1m (Reviled:, April I?, 1996) 7~dJ tj ~Lf ' EeiIh W. Mead, PriDcipaI Ccu.I"'"1 u~: '/'/~4 7-.....-. -/..3 lio. 5666 P. 2/15 IMAI9U4ui ..' , ", Apr. 17. 1996 II: 13AM GR MtLTA CNSLTS 6191573-1777 110. 5666 p, 3/15 C.JI.Lthivn Slr<<l 11&.4 19S-()#9.01 JlrrW. AF~. "". TABLE OF CoNTENTS 1.0 ~ODUCl'lON ................. .... . .'. . .... . _ . . . _ _ . . . . . . . . . . . . . .. 1 2.0 SQE. CB.ARACIERIn1CS ..,...................,.............. 3,0 RES'IORA110N DESIGN. . . . . . . . . . . . . . . , . . . . . . . . , . . . . . ; , . . . , . . 4 3.1 IRRJGAnON............................,................. 7 3.2 PlANT MA-rERIAU .. . . . . . . . . . . . . . _ . . . _ . . . . . . . . . . . . . .. . . . . . ., 3,3 PwmNa PROCDtAM . ........ ............ ............ .... 10 4.0 MAIN1'EN'AN'CE . ~ . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . .. 10 4.1 SELECTIVE WEED ABATiMENT . . - . . . . . . . . . . . . . . . . . . . . . ; . . . .. 10 4.2 REPLACEMENT PLANnNG . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . .. 11 4,3 CoNTROL Of VANDAUSM ......:.......... ~................. 11 5,0 MONITORING AND SUCCFSS ASSESSMENT ......,....,...... 11 FlGtJIIES F'JIIUC 1. ligule 1. Pilule 3. figule 4. PiguIe 5. Pipe 6. ProjectVicinit)'Map .......................................2 W~ Impact Area ......................;...... _ . . . .. .. . . . . . 3 W~ RestoratiOl1Area ....................................... 5 Plamq Area Site Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~. , . . . . . . . . , C.M.I. Pa.iYrc Street lrrilatioD. Plan . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . C.M.I. Faivre Sueet PlaDtiJta P1aD ............,................., TABLES Table I, R.estoraDoz1Pl111tMateria1s .......... ......... ...................., Tab1e2. Rabi1l1S\1CC11S1YileatoIJcs .................................... ,." 12. .u 17. 1996 _/4 I ..' Apr. 17.1996 1I:13A11 G~A~DELTA CNSLTS 619/573~1777 ~ Ro. 5666 P. 4/15 C.ll.l./FtIi_1ItnB MIut ~1 "m.' <I ....-iara, bIc. CaJif'ol'Dia Multlmodal, Jac./Falwe SI). eet W_la"" Habitat Itestoration Plan Motel' Assot:iI1ttS, Inc. 0cIDber 5. 1!195 -' (miIec!: Apil17, 1996) .' 1.0 INTRODUcnON MerbJ" Aaor--i-., IDe. (M4:A.) Iw beeII ,-itw'I by Calif'CII1Iia MJ1~.\ IDe. (C.M~) III pIpU'C IDd impJemear a -,tl...... lCS1II;atioA pJaD, III n:pJace .~...1CftI!) aDd bAt<< tOIlS WIIIIIId ~pt at tile C.M~ QuIa VlllafldUry wJdlilltIIe fIoodplalDctdle OIly IMr ill die City ofQada Vista (Filure I). In e~""if11 aperadODS of !be oo-site f,oMl~, C.M.L ........lId 0.13 acre of ICIaered wt.tl.~, UDder Ibe jurildicdoo of tile u.s. Army Corpa of fI1lirINll aDd CalifomIa ~ ~ of Fish mI Game (CDFG). ~ ID die tpeCific c:Un.,,:-r_. elllDd IiDIiDI or die ftduId fill, DO IpCCific federal pczmi'"'1I.oqW.eu...,., ex.iJfed II die wort .... covlrld by IIItioIiwIde 26 iIsued 1IDder tile precedbIs IIIdaawide permit prolRDL Bowevw, Ibe wo4: did nquit'e tbe deveJopmem of. SUambed AlleJ1tion Apwl'lfnr (SAA) puJ1UIDt 10 tnliun 1603 of die Ca1ifomia fiat mI Game Code. 'Ibis ~II .... DO( CCIIIpIeIed mllllUd1, 1IIiI CUft'CIIi I~~ pliD IfOpoaa KlionslO ze-establish wedmIa wi1hin die damapd area ItId II) cIear-up prior npIatmy OYC'lSiahu 1brouih tile deYcI'1'J"""t of a SAA widlm -IfIIl-cbl.fxt" on, ,. -" ~llIIIiDItIIe prior 0.13 acre loP and . zequimDent for die rutorItiaD or Ibis AllIe paeral r-;",. wIdI.... .-10""" 1be site his been pmiouIly _ .~ed by N&A,.h..1p1 tcoll)lilt ICcith W. Mczb1 iD 1989 durizI& . more cmmive -.dmda illYutiptioD of Ibe rinr n11ey. IJIrormatJoa pIJIered from Ibat lUrVey, II well II aaiI1 ~~ ofdle Ii1tIlkeD iI11991. prior 10 die IabIeqIar WeIIIIId:. 1 It'D. 'MIl UlilizecllO .re.41U1e tile IIIeII1 ttldle ...erlmd IoIr II iIIuInIId ill PipJe 2. 1be diIaIrbm:e area _mini die ~J bad pm'iousIy IIIppOIIId . JIIDIIic of Mule Fe Scrub ItId ctisuIdIed ~Q1I 1IpJm1s. The diattibuboD or walIIId$ .... womewbat atypkal _ III die prior lite ~ ISsocll~ wiG1 biIaic IInI! ......~ IDd ....lMn.'~ 0111.1..1, piss. PIJrCbet. die area IIu beea dWwbecS by !be ....M c ~ 1II'I(1oJI or porIioaI or tile ftoodplaiD cd .., ripriallWOO"J."" by I(.~. '1'hiI rutonDon pJm deWIIlbe ".vrc-f JeIIDBIioD of ~ ...1-'t It a I:U anal CXlattJ'llio (1.101ClW) .. reqaind by die CaIifomia DepartmeDt of Filii IZI4 Game. 'Ibis doc"""'" ~ tile ~ pJanlial piOlflm, IS well II lie tIUIl_,_~ and II!CIDib.lob.c .... ....." II) achieve tbe desired Joa1s ad....1 ~.-tr-aJ imp1&M4.f..It"~ of1bc ~ . ,yrlI 17. 1996 1 _ /...5 ..,Apr.17.1996 11:14AW GROUl "-l1LTA CNSLTS 619/573':m7 ,. . I I . I I I IcIII: ~ RD. 5666 ~ 5/15 111M 15 CM~1 I' .... . ........ 34. ' .. r... ./lJ...": L.....~...;J " '+ Project Vicinity Map Source: USGS 7.5' IMPERIAL BEACH QUADRANGLE ~ure 1 . - r (.., MMceI & ~ssocIates, Inc. - " . 1..5666 P. 6/15 :" A)r. 11 1996 11:1SAM G~' DELTA CNSLTS 619/573-1777 . OW) to) t\f -0 '0 t\i C\i , i) y ~.. ...~ w- .~-.- I . \ 9-.--- ~ .. , tOW ~,-r' , t".. .. ....~ : ,. .''... r "' . ....r~ -/7 iN 1 I. " I ! J Iq e J J I Q) lIS CIo ..- . - . Apr. 17. 199611: 16AM GRP- ,LTA CNSLTS 619/573-1717 ~- 10. 5666 P. 7/15 " c.MJ./FtIhre StrM M&A ~1 NmG-. ~ I1Ic. 2,0 SITE CllARAC'IERISI'ICS 'Jbc fJoodpWa .f. '.'i"" 10 be .........s _ a.ry,.o.lI4lD opal Mule.. SI:tab willi Wi~ Ina, primarily mid-llie4ro I11II1I wDIowI (Scrltr ~) IIId IWullurcd ~. (.\'&:UuIIlJI'CieI). AJIo~ wae aock:lllldJ IS pm ~ ~ 4onIZI),m:I c:uIIIr'" W- CDmIIIlIIIiI). F'1CIdI of IlimbIeMcd (SGb<<1J ,""lIS), fIDDI1 (ll'DCIIkidrn 1IIIlpn), _ cIa)-- ..~. (QuySll1llhemilm ~). TIle ana III cleplelld IIDd """~ ana wllidllIu "- bIct.!iIIed with ~Itle fill, rubble, mt m.Wd 10IIII IDd da1- 'DIe ~cted l1li ~ ~... of relativeIy flat 1mIiII which II devoid of tqdItioD e;xcept far WI1 s...1tM ~ Ipriq IIDIIl powdI wbicb occurred durizrc die .........11y .. IJIriDI of 1995. ~~ ftries tram appnmima1eJy ";1#!ef111O tweaty.... ,. ill ..atioA wi1IIiD, tile diIIwW.... o-.!~I""<I pavel fi11 bas been pPOlIed &om die aile willi I miDar IIIiduaJ ID'WI of pavel ,....."'"" . 3,0 RESTORATION DESIGN In order 10 JIVI~;"';DI die poteIIIiaI for NIIOJUicm """. ID effort lias Ilea made 10 1IZi1ire die lIaS willi tile ..aut IlllmlllOil moUtullaDd 10 ..oil:! IRU of IIiIt.oric fiB. 'WootI_. IN 10 be COP$011I4"'..... wi1frin die weIIInHIIOIt pan or !be l1li ill I Ju.",JId buill (Pi&ure 3). TIIis area is to be npadcd for J"ninmm YdIIId devd\ly~ I11III die JIIIIeriII 810 be dciptmlecllltil=t 10 die aiIIiDc road widIiD I disIurbed gplaDd 1ft&. GndizC would iac"~ Ibe ~ of 1IIIIIl"--,,~' of ~tlt. J'UbbJe aDd pvel ~inmc wirhit\ !be It$COI.ri<ID lira .. ...11.. ._nI of die ICCIII JIIIIp 1& die aIIIwat comer of !be me. II is ...1:.. '..,)!bat "'W'...i"....~1y 140 ruU of JIIIIaiaI will be "lot.1ed callie aile. Orber areas wjJ) be dr,<""~'1rd _ IIraI:tar puDed &tile. 'JbiI irea ... cIIoIerl baled ca its proximity 10 irripcion WIIef (loCIIed It !be C.M.I. SIIop ",.n"iI!&>, .., ID ~'W babitat, IOIIIPhat lower lOpO&faphy IIId evidc:Dce or ..~.. lIYIiJIbility, CIa of Po ~. IDd I\'O~ or a.istiua buriecll'IIbble whicb would ~f... rib IIIIDrItioa tfforu (P'apre 4). Excavated lOil uro be place4 adjlCCDt 10 Ibe existi1lll'OldWl)' 10 die IIOIdI of !be ~idoD .... Trees mI odIet con"';...... plIDtllllleriallO be ilRD~ 011 tile '* wi11 k~~ lie .. of I ~ IUW~ .....1 irripdOD I)'tmmID ISIiII ill plmt "....J.,Ji........>>. All ovtrllead irriptiou I)'IIIID is j)Jvp0h4 for... 'Ibis I1IIem would be COIIIInICII4 10 ftO'I'* 1111_ COVIIIp. 'I'be mtaradc1a ana II 10 be 1Ip1..... 10 I wedu118oodp1.;" "''''t:II of Mule F. ScnIb with IOaIIIia:Ii1ed ripariaD ~ <<-""......1IICh .. dae !bat occur Ileac tie koualb.m IIIIIb ria. OIly RMl. CIDopy.. would iIId1IcIe Wcnn Q6.u..QOd (Pcpl1U" JllllJwIil), QocM:~ 'WJUow (1IIIa JODUinIii), Amtio WIDow (Sella 1JzsIDlq1II), lid ~h1 {t-l'utwl ....,pC.1...4). v.A.." .....-, woa1d iDclIIde Oreal Marsh EvaiD& P&iuu18 .(0f1rIJIJImJ eItJrG), Muport (iC11cIIIisiIJ 4our1tJsitJna), SID Diqo Mmb Elder (JIIG MyaIGM), lid ~ lush U'IIIIArJ ,..,..; oW). 'J1Ie p:edomiDaDt pl~nrir1I woa1d be MaJe Par (1IaccAGriI1fIlkVolIa). ' : .4prlI17. 1996 -/8 4 - 10. 5666 ' P. 6/15 ,~ I Ii ... J ... I r c~\.. . 'tJ .-+-:. 1/ - '-~_ Y ". \JI..J ., ~_I ~ 1 , ~ f~' I 'I : I 't\, I ,....~,. ~""'_--::", j , , ~_.. ~~~~ :: L~;' "0::'; ~_o~~ 10H __ __ __0 ...:___ ("" _ ~.~ ,r-, o"J ~, .___.--. . t~ t . . ; ~ .............. ,-- .-..... .- r t..::.:: .,. \ ... -'\ --. . . t- ,'i.r. ~.!,,___ ~."""~"'.' ...~.. ..- . :' Apr.17.1996 11:16A11 GiC''''' DELTA Cl/SLTS 619/573-1777 : ~ r/ rll j [J · i 1/ '"I ~ -D J 10 .. co,j , / '" - - r '1 J J s =- J ~ .. J i '" ! ~ Iri f" . , ' Apr. 17. 1996 11: 11AK GROUP~~LTA CNSLTS 6191573:1777 ,'~ 110. 5666 P. 9/15 , - .. I i~ , I: I . . it I ~I -, "I: - ~ , I " , . :It , , . '. , '. , , . . . i,~ II , I - " , . , . , : I I / !'II'~ I .', t II Ii ii' . \ h ,: f il f , , , , . " .~. . . ~ . a I . I II , J , . , , , . f II , , , , I~ . , , .11 . . 1C , , I , i: "'Ii , , . , ~ II ' I , I ~ , , Il I I , , . , , , I , , , , . , , , , , . , , , , . , , . . , I ~..........-...-....~_. --- - ----. I , , . II . , I' , II . . . ,I. , . I , i -+- :. , II . , I .' . , , . ~c -. , -_._._~ ..- . ; Apr.17.199B 11:17AM GRQI"'--DELTA CNSLTS 619/573-1777 . .' c.JI.1.,,__ JnM II~ 19S.(N9.()] ....~ Ro.5666 P. 10115 IWUI.~. 11Ie. 3,1. IRRIGAnON A ~"1 CMI:IIPS irripIiaD IyIIIm wiD be ntll;-t ca die .-r..... (FiaaR 5). 'I1IiI J1ItI!III will be deIiped 10 provide wateJ far.. CDIin~ ~!~,-, PoiDt ollCllll'C:C far....... wi11 be fIOm an exisdu& C.M.I.1iDe IiIIIItcd "W'(" il.~,-ty 100 feet MIr of die mr "doll... TIle , .. I1IIcm wiD be operaIcd 11 die h....J.., of C.M.L cIuriq Ibe _,._:.dft._",'t,JllriocL '!'be S-_b.. AudIority npona- pl'11,,""" It IIeaIby JICqUIIDII MaiD IIneIIIt t6 pIi. OJ I .l1cm of tile I7IIaD is to be under 1be co=oI of, Ibe lealOlltioD ~liar ill ordIr 10 IYOid aM...r":" accalivewee4 JI'OW1b or "__" IIrpt plIm lpeCia. TDwarda die IDd of die ~ period die IYIIIID wiJJ be pdua1ly phased CJUi 10 allow plamiDp to ....,Inn- to lie ndDt1Ioa iD water 1YIiIabi1it)". Such JrriptioD rcmml wiD DCCIII' cIIIriJIc die wimer ........... wilen cooler ~Au..1DII ....1OiJ COI.ditioIIs typically prnaiI, and deciduous 1reeS are danDmt. .,.....am1 or die Iy.-n IIIIriDIIIIc wIIIIIr 1DOIItba, plaDtizlll will be WCIDed from tile IYIIaD by die SIIIIIrII drop ill IOU moillm . die foDowiDg IpriDg progreaa. TIle iniplion IYIIaD IbaIl be compleleJy .~ed I ...;"i...,~ of ODe year prior 10 Ibe -mmaticm or Ibe IIIOIIitariu& proa....,. .- 3.2 PLANT MATERW.R PIaDt ZIIIIIriaIs whid1 pmoiouJly ocaumt wiIhiD!be ItU 10 be reve..I1I.~..a were ~...,ol.",<! tram die Idjacall m.u. 'Ibosc wpaa 10 be utilized ill die lw11nodivu wm are lilted iD Table 1 ,aIoo& willi die umt 1izeI. the plllltiD& distribution or "'-m.... and die row ..~ of \1IIItI to be !lied. Pip ,6 is a p!amiDI plan for the distribution of CIIIOJ'Y IrMlIIDOJIII pred,.,,;ftftIf1y mule fit covqe over tile CZItR me. Mu1e fat bas been lelected for _ primarily due 10 tilt upper 1IaIch coMition$ whid1 prM""';""t.e, tile cbmcter or the YepIUioo .-ved. IIId die desire by die Cit)' of Cwla VISta Police Deputmem and C.M.110 llave ""IOP""~ low ......4 'YCJmti'Jll1D t'i~ 1rIDSieIIt C1J"...'V'.....t- 1114 tize$ -11eI'ious problem ill die area. SPECIES Table 1, Ratoratioa PJazd Mlderlab VNIT SIZE/J'YPE ,DIS'I'RIBtmON1DENSITY COUNT 30 20 .5 \cr 46- so- 42- 10 ftatI 1.916 2,119 one 011011 one 011011 five nlJOII one nllon one aDon one Q1lon or liner cme nllon flats l~frooted cuttiMs five clusters or six four .. each S, fOOddiuii cJgner <me .. each S..JDDddhIni cI1ufer two clutten of five Iix dulten 1Ieri1l1terv of .mows six cluSIen two IIItIlt tm JoqLeI 5 ft. .-AI. Salix .ooddi1ll'ii "Salix lLuioltDis PoouJus frtrMntii SamlIucus ffIC%ictI1uu Omotllfro,lat4 ' ,,(I'fIIIIi.rUJ dqu,1,,<UIM ha MYeflana Jrmau rM%ICG1IUS &zcc/IQris lOlicifolia ToCal · NdI aymbol on rIP 2 repruents two ahruba Apri/17. 1m -ar 7 , Apr. 17.1996 11:18AM GROW-UTA CNSLTS 6191573:1'777 ~" .0 · ~ ...., i ; !~ Ii o .-', 0 0 . . I ' ~ \ ,. ,-= 81' .~ 0 0 i I I ~ .: \ g i. ," \ I ~ O. 0 " "... .' '. ?~ . J .- . - . . . o' 0 . o o o i: 0 1~ L ,01 0 ~ : 0 0 0 . . '"' :. :0 J\ ~ .~ ,.. 0 .~ - . - . Oil , 0" I. . . .. ... ... .... . . . . '. ~ - o o '0 . ~', 10. 5666 P. 11/15 . . I j'" I . M :1 . I . ~ I oJ .. {I ... I j -.= :i t$' J J fJ I q I J J J:! ~ I @rtJX~O t --- :. '. +..- :7 9 . . .-.... ... . ~ Apr.17.1996 11:19A1f Gil1!'-DELTA eRSLTS 619/573-1777 P~\ 10.5666 P, 12/15 i I I .t.- .." .' .. I . 1>. I - .. ~. , :7)1>11 . 8. , . =7.1 ~---. . ". : # . . .. . I ~"~.DDD I . ~! Ie ".,pD : ! ro~~ ~/: ~ ~~& ! j. \ ~ ~ /, : , ,. CJ : \ . I: I ' . ' . .. ~'- '. ",.~ , . . I ' , . . I . . I . , . . I ,~ 1 I . I I : Q :1 : ~ ! Wn ! I1III . . _ y L__,'_~m~~.~~_~m' Itlt IJII' D."0- " ~ f I I .; ~ ., ....- :. t -a3 ........ - :Apr. 17. 199611: 19AV Gil"'" UA CNSlTS 619/573-1777 ~ 110.5666 P. 13/15 . C.JI.I.~ Stru1 /II.... 19S41U/ IIdIl.. A..,-l-r.s, k; 3.3 PLANTING PROGRAM Jlpepzatiolllhall occ:ur widIiD 1 _loa or fiDIJ JI*SiuI wiIbiD !be lJoodpl.;" Prior 110 ,-..* ptvjcet aza, tile lira wiJIlIe ~ to ill optimalrkYltitAl1lliDJ ~ pdiDa .11 ~r"...Dl. diK, IDS 1ImI1Ibcr. 6......w by Ibe In1rl_f~......1ift ~..- 1..-"11140 cabic JIIds 01 mareriaI WID be w"-'-" CIIt-aitI:. 'Ibis brJt- die con.......... IIIIf __val 01 miaor IiIIf DIed ....... dcbriI, ~ pavel "C)I1cc:IioD mll--..fIl,lIIIl~1I oldie tnJCt I'IIIIp bm Ibe JIQI6 WIlt canJBr of Ibe *. Ocher... IflIO ... diad to __Ie weedllIIII Jooa _....lOiJIlor pWItiIIc. If tile mqeIatioD wpeellliaI dIemI iI_r""f)', !be pbtdin, .. will lie sP or UIbawise ~c(lJ\Jjl"'-~ 10 IIIiIt ill ~.wioo wort ad p1mt JrD'I'Ib. AD pdiD& ill.. it'........, ftDiIb wart IUd fa1b below !be 250 cubic yard IIuaboJd far nqu;.~II'..I. of. CiI:1 padilla pemdt Soil PrepmDOJI it propoeed 10 be Jimi1ed 10 die ",c: ;r',ft?l\ IIIIIt--nll 01__ pavel lIJd'debrilld iDdka1ed above. No JOil,~"-""".#.dt anJ""t'm~ 10 beued. WIleD aloJJJ bay. been prepared, pllJItiD& wi1I (:<W"- oal1 after die CCIIIItIIdioIIIIId ..Ah.aioA of die Irription 1}'IteIII. pj..m"V are 10 be iIIsraIled ill ~~ wiIh die ,1~ pIuI....,"-I ill PiIarc 6. PlID_ dIG .,hW Joo1ed ~ IIId -"- p1aIIJ IS lpeCifiecJ ill Table J. Prior 10 ,~ 1be 1'1""""1 area IOU moillUll ia 10 be niIed 1broup itriptioIIlO II:IIIIft dIIt _1IIUrIIed CODditiOllS exilt to I depth of . iDcba. looted e1'''"'P IflIO lie plallRd 1IIiD& a dibble Idct IIId I IIurricd and backfill. ('-"",.~ pJIIIIIlhaIJ lie plJlIIM by GGIYItiDc I bole willa ...:,.- .-Inm which lit twice die diameter and IcpCb or the ........1.-. Backfill ia to lie III1iYe lite IOib IDd all pIami an 10 be 1borou&hlY watered It die time ofplautiD&. 4,0 MAINTENANCE . r.sai=1IIDCe of Ibe ftIIOZItion area wiD ... carried _ ower a 5 ',ar period ~owiD& completion ot all pl-"!,1CdvitieI. )bm.".- wiD COGIiIt 01 weed IIId CIOIic plant ~oI, plant ftP~, COtIIfOI otv."".Ii",". and ~I activiIia IS V" "'''''110 tIIIIn proper bydrauIic COIIdJtions _ lMim2i1w1. A ~..y o.~ I)'IIIID, 1riI1 be ~-W IS .. [II ~ 10 IIfI!)Ikt. pllntiD,. 'Ibc irrilJ~ I1IIaII illO be baried Ib.~ Ibe lira. 'Jbe am~iD& olin fjftJa,. .. ['OFf "iwia foI1owi1IJ I prior JIU, provJSed AIJaaIjoo lIId bleD"" _ for.... cae JUr, would Jau1t ill !be early t=miDatioI1 or die v-I.... M'''t 111"'14\. 4,1 SI:I.aCTIVI WEED MATEMEN'I' , Weed .""-"'wi1IlIepa~ IOccauol~-mllari:>~lrdd~v~ which would iDIu'bit tile "vWlh 01 desirlble IaIift yo:. I.';OD. Bud WIIIIiIrI will be ..~ . ...sod CMIr die .....Intt-..,Ijf f period. Exocic pIaDts 10 1II__~04 bm tile .. wiD .....~. ba&.. be'1imi1ed 10 Cutor Jem {RidtaIs AIIIIIIUIIIiI), TrIe TobIa:o ~ ,1IIiial), IwIIt Jiaalel ()70f1fic11b1m YIIl,tW), Russim 'I'biIIIe (S4WlG trapI). 0iIDt lied <N1IIIdo donar), IIId "'-- (rDnt/IiIIm1l1JlmlU'ilDn). OIlIer weedy, ptmSs which iIIvade 111& .. ill prdUbitiYe -.... will be l~ if Ibey pose llipificaDr dIrAt 10 111& powdI ar IIIrYM1 or tie 1Irpt VIp'~ ~ Aprll17. /J96 10 -;;('f ... . ., Apr.I7.1996 11:20AK W,- DELTA CNSLTS 619/573-1777 -, 10. 5666 P. 14/15 r"' . c.M.l./PIIi_a-t '114.4 #9j.()49.()] ...,. An tYa, k. ..2 REPLACEMENT P1.ANTINc PaiJed IC&r1I of tree IIId sh1ub IIIIraiaIa wm be npJlICed .. IW [ II 'I iD ardor 10 dine Ibe JatOntiOl) lOlls, or u pracnDecl iD!be JaDDitoriD& propIJIL Rep"- ..h._." of dad pJam DII1aia1I wiU be by COpIAI'#i-powD trea . De1:'''lIj. ~ JIIicIHiII MnII'riCIIIII'I.... fawrabIe for pori of I diff...~ I&>v ;,.. of similar ~ (i.e. CIIIOJ'7 tne, u......, 1Inb), _ . aabltillltioDs, . dizeeIIcI by tile IUtorCioD pI'~, IIIIY be JUde from !be BIt orplaml oriJlna'1y Rimed for pllDtizl& at lie aile. This..W I110Yi IaIDlllbIe a.-~ for Ibe 4~d:'.""1IIrViYI11Dd recraitmcDt or pIaDt _-u.l.. 4,' CONTaOL or V AND.wsM The ~.aiw. * will be poItIId U IlIIbIIIt IWb....... UIiaa aU wudIer pIutic priDe! ~ IiIDS IUd all watber IiIDIP ""'inri". who IbouJd be .......~ 1ridIlIpI~ to Illy 9I1roft"'" or ~/II about Ibe Ii~. siJDs will be placed at all * ICCCII pohds IDd at die iIriprioft COIIIrOlIer for tile.... ~II)' {f,. i~..m beenm4 iffOUlll1lO be IJ/I( '1 IloDcIlX:llll poiDtI 10 diIcourap pedc$Irian ItId vehicle treIpU$. T~It)'!IIIciIII b DOt ...~ 10 be placed IIIIIess accea 10 die area iI identified U I problem. AlIIICh Ibe ~ of IeIIcID& -"ff 'I CIIIIIOt be dI1amiDed It this time. , 1be c:umnt K-nil barrier IbaU RmaiJI ill pllce duriII& Ibe ~"OriD& IUd ....in'.....n.~ period Ind wi1IlerYC liD defiDe die IiDliIl orprojcct work, .....5.4 ~;"".. acceu,lIDd diIcoorIp pedauim accas 10 Ibe.... ~ remova1 wi1I be doaI u -'oqy 10 ...he.4 damIp to plmtinp. Upon fiIIIl restorariOl) mlallt>liolt""'1l1. die exbtizI& pern-.nt faIce alq 1IIc IOUIh Iide of tile ftStOtIdOll ... IbaU be JeIIIOved IIDd relocated 10 Ibe DDrtb aide of die IIIUnIioD IrA 10 ncOJlDeCt Ibe ft5IDred wetllDds with die JmJcr IIIIuBI wedmIa 10 die IOU1h. 1bis faIce wiD also isolIIB die Ii~ fnmItbe C.MJ. opentiODl arw. 5,0 MONITORING AND SUCCESS ASSESSMENT MOIIitariDI or tile si~ 10 IIICSItIIe IIItUS or die IeYepIIDaD effort wi1I be iMtIMood followiD& tile camp1etioD of plIDIiDI. MODitoriDg will o=Jt O. 6, 12, 24, 36, 41, aa4 eo JPOPIb. after iIIi1iIIiD& tile Jllllllitorizl&l-;,.,....~. Ibis period would be btlllWld IffiDallllCCCll ",n...I,j_' am IdIievId early. ' '!be . ,..~t. riD& proa...u wiD ~j'W.IbI_ of filed k~ U ~... r ...:.- a.1DCI1 p1IDt c:cmr1rilbinadlphntit!l zca; U well U tile pel~tCOVll' orach IpOrM .....IIDd... p.4.....4 IIII'rivaI of c-~ m-..~ maeiIIs ntil_ ill die aestuo:4.w "lva>IWII. In M~ 10 hlllcl:t 1DOJIJtoriD&, I puenJ ow.. .ft of Ibc lite wiD be IIIIde ill Older 10... ovenD ~Ii._ wJ1h IUCCaI ~ IJItties ricImen Of die lite, ad mas nquIriDc V;.1 .~ 10 lie ..,.:."""....., PfO&1.un. . r.ocrus m,t~I. ."'. have been a1Iblisbe4 ill order 10 _... I tbDow-6rcluah 10 die ~Jri-t- . . ~D1 of I 1iab1e ~&tiaa Pfc.jc..t. Eech miIIIt.oDe b .1'~\oI'OW by die ",.:..I~.&",~ ~ if !he projeQ failIlO rcacb die ,1tMo.1a pis. Mi1esIDae nquiraaerIIs IDI1 coua" April/7, 1m -~5 11 .. . .\, 'Apr. 17. 1996 11:21AJf Gi(I"" LTA CISLTS 619/573-1777 CJI././TtIivrw SWHIllaA ~/ r 10. 5666 P. J 5/15 ,.",.,. ........- r. k. .,..m-..n ..lII1fIi1wI iD Tabk 2. 'W'IdIiDCllleIlDllh followiDl _II' d~l'Ia.pIriod, Inpart ~n"'a !be nauIts or1be lD""itrviDc IDd pru:ribId poN.tl.t ...n.....,-~t 10 '" ~JI......d will 111 CO'''11r1J' 11Ie IIIUhs will '" J'lQ.ided eo die CDFG IDd CICy of QJuIa Villa b miIW, "".....-111. IDd PJIIftlIlltUl ~ DiMloJI A1l1 ~XH"-'.. OD 1be JDeoAII.. be ..........<< l1li OCIIIItlticr IIIoaI4 be ro. ....404 lID tile "..jc1~. .' MILESTONE o MoadI 6 MOIIIbs 12 MOJI&hs 24 Months 36MontbJ 48 MOIIIbs . 60 MOIIIhs .UI1, "16 TallIe 2. Jllbltlt 5u c r 11 ~.... ASSESSMENT CIU1'EIUA IIst1;"" iafmDatiaa: 110 azuJ cxm.rap M r-. cd1Iria; aD P1aDdDldeJltfri..s IdIicYat VqcIIticm;over IDII1s 105 10 5 lUn'ival 0ftlIJl or CODtIiDa' ,11m maflril1s vepwive cover IDIals 155 1005 mrvival or pIIII1I 1d1ievb!161110111h 1IIi1aUJDe Vepr..tive cower IDIals 305 1005 surviYal or wi1IowI acbicvi:11161110111h milutoDe Vepaative ccmr IIICIls 505 Survival'of iD4iYidua11111iu cb..~ u Criteria. NIIural recruiIment or aqet YqellUoa uhibitalakmi 11l1li1.... V~. I..iws COVIr lOII1I705 Namra1 recruitmezIt of arpt IS* I&tIlDCld 011 1I..acII. lIripticm ~I)' pbucd aut , VI.llt.li,~ccmrIDllls105,c Awnp.........1 tJ [lid, 6 ft. , Wilkln~9ft." NI1IDI1 aWiW l;h. -11\ of 1Irpt wpecllllIOIIIid 011 ~II. MA.1N'1'EPWiCE AC'IION PIa .,....lN$lIrausbt 111' eo meet .-"uU-....t)'t If cover or ..... 1.A) criIIria fill 10 adIIIvt ...In;"". 1IIDdIrdI, pIIDt If".h1r1 wm 1Ie IJrou&ht 111' 10 1005 II. die iaitIa1 p1antiDJ "'nt-if_ If cover or survival crISIria flUID diIft JDIft;..".... .-....., plaut lfqJiliel will '" ~ 1IJ! ~ 1005 of III iDiIiIl pIaIdiDa ....fL.~ If CCMIr iii". iI DOt met, ,1-'"c will be dcme 10 briD& aD IJIU up 10 IaItial PlaDliaa ~.._h~ If COYer c:ri1Iria II DOt me&, '~....,;.. wJJl be doae 10 1IriDI1Il mas up 10 JDitiIJ pi . .. .. .~ .."..,.,... If COVIr aiIeria 11_ -. ....., wD1 be doae 10 briD& aD ...up to iDIIiI1 ,t-"ll ~~~I, Nltmriplriaaplal .tiI.}rll"D will be IIIIIIe IIIIed CI1 prevallID& "O""1doof III! IU [ r I r r~ deftlvpJIIeIIt of lid. Ifpartl of1be .'#I~'" 6iW 10 ec:IIim 1be 01''''"''''' pII, . aI)'III will be..se by lit CDFGAo M... ,..1OIIIbII...tII wIiicb CCIIIId be aercIIed 10 IIIiIfy ~ 1Iq'.Ih~ ' IZ Ol.~ ~ep, 4. mb 9:44AM GROUP DELTA CNSLTS 619/573-1777 r~' No, 8898 P. 2/4 Merkel & Associates, Inc. ~5S Murphy Canyon Road, Suite 120. San Diego, CA . ;2123 Pb. (6191560-5465 . Fu (619) 573-OO6e September 4, 1996 M&Al9S-049-01 Ms. Barbara Reid Environmental Planncr City of Chula Vista 276 Fourth Street Cbula Vista. CA 91910 Re: CaUfonJia MultimodaJ Update Dear Barbara: You rcqucs~ an updated staw report on California Multimodal' s wellaod revqctltion project on Faivre Street in Quia Vista. A Merkel &. Associates letter of July 31, 1996 documenIed the installation of the wetlands for the California Deparunent or F'1Sh and Game. Yesterday, September 3. 1996, I visited the site to delermiDe the latest 5iIe conditions and took a series of photos to provide additional documentation. The revecetation site is beiDa well-watered and most of Ibe wetlaDd pJantings an vigorous and have grown sub<l.nn.'1y sUx:e my last visit to the site on July 28, 1996. The willows and cotIo11woods appear to be ilowin& pJnicuIarly wen in the cobbly soil. Another M&A leCbnic,j staff meI1\ber is more regularly monitorinc die site to insure the irrigation system is functioning properly and to report on any significant dwlges in site StalUS, The water availability is such that a good cover of weedy growth is also expanding tbroughDU1 the revegetation area among the native plantings. A number or these predominaotJy non-native species are wdtoJJ1e u they provide shade and help liIIlit surfICial drying of the topsoil and deter excessive evaporation during the bot and sunny late summer and filii months wilen Wlter SIRss WI be intense. Two weedy species, Cocklebur CXanthium stru:JnQrium) and Garland QuyUIIJNomW (ChryS/l1lthemJun cor/manum), wm be thinned from the site because they can eventually grow so dellsely as to diswurage the growth of target species. In general; the site is successfully prOPessin& towards project milestones. H you have any additional questions please ~ me at (619) S60-S46S. Sincerely, ./~ Craig H. Reiser Senior BiolOiist Biological consu~ing _ Environmental Pennitting _ Habitat Restoration. Ecological Management 0$7 .Sep, 4,1996 9:45AM GRj)PQELTA CNSLTS 619/573-1777 ,- No. 8898 p, 3/4 .I Merkel & Associates; Inc.." 41455 Murphy Clnyon ROlli, Suite 120. Sin DIego, CA . 12123 Pb. (5191580-5465 . Fa: (S191573-00S9 July 31, 1996 MW 9S.()4S1-01 . " Ms. Terri Dic:tCrsoll Stmmbcd ~ , Galifotnia DeparlDJeDt of Fish aDd Game P.O. Box 6657 Laguna NiJue}. CA SI2607-6657 :Re: CalIlonda Mullimodal, IDe:. 'Im'"5~tion Site ill Chula V... (CDFG i S-21796) , " " Dear TeJTi; , The Calif'otnia MuI~'"""'II (CMI) site on FaiVtc Street in CIIIIIa vis1a bas been' planteci as pet , tile specificaliODS nored in Ibe site's w~ Habiut ~Oll Plan (Merkel It. Associ~res AprIl 17 , 1996). No areal coverage success criteria m n:quired for the inidal plaDtiDg; howeve,r, all planting deasilies have been achieved mlChe irrigation SY$fe!1l is iDstalled aDd operatiOll1l1 (see Photo Frames #111ld #2). The sire has been mouitored through luJy 28. 1996 wi.th all planJcd material me aDd . growing. No sig;.ifi~ problems have been 1JOII:d. The: sire -will c:ontiDue to be regularly moJ]itored wi1h die next ,1IaIuS repott due at six months post-planling (apprnrim''''ly D-an""r 28. 1996). Given the wiDlcr cIormancy period, this monitoriD& inrerval may be acc:eleraled or delayed \1nti1 spriIIg to provide meaDingful results. ' If you have any addilional questious please: tall me or Keith Merkel- at (619) S6Q-S46S. Sincc:relY,~, /Y ~ CnigH.~7 I. Senior Associate , C(:; Mr. Eddie Kubota, CMI Ms. Barbara ~id. City of CIIIIIa Vista . ' . Biological Consulti~ _ EnvirOnmental Penniltillg _ Habitat Restoration ~ . Ec:oIoglc8l Mal18gelnent , . -';?3 " .. " S e p, 4.:.1~.~.695_.~; !9AM GR(lU1) DELTA CNSLTS 619/573-1777 r I < Me~O, 8898:ociJ. .4/4 Looking east to southeastern comer. Looking south to southwestern comer, July 30. 1996 (;!7 ~ f ('- -'\ ,\ ;l /' I WSE "I I I WELDERS SUPPLY. EQUIPMENT CoMPANY ADM.-of MATHEWS & COMPANY IIIncit I e46 . '. -::-..-. APol 11 [] 7]:"oc. ~- ,.." !'- -.:: :\'.. "" April 15, 1996 Mr. Doug/as D. Reid Environmental Review Coordinator Chula Vista Planning Department P. O. 1087 Chula Vista, CA 91912 Dear Mr. Reid: In response to your nodce of April 9, 1996, regarding the proJea for condnuadon of the trUck and trailer storage at 2400 Faivre Street In Chula Vista, I feel compelled to make certain constrUctive comments. In preface, Welders Supply & Equipment , a locaIly-owned small business In Chula Vista since 1946, moved to Faivre Street In October of 1985. before the Clt)' of Chula Vista took control of the area from the Count)' of San Diego. Since that dme, the andclpated Improvements that Incorporadon would bring to our street have yet to be seen. When F. G. Fenton was given pennlsslon for C.M.I. to operate on this small street In south Chula Vista, the reverse occurred. Some of thJ! problems generated are as follows: --- I. D~n::t!ro~ sp~d!; used by large tr3ctor.tr3!ler rigs on 3 narrow, unimproved 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 poIludon caused by tnicks driving on unpaved shoulders. 5. Truck repairs, Including 011 changes, done on a public street 6. Destruction of pavement designed for a lighter traffic burden. 7. Accidents or near accidents occurring on a dally basis because of the driving manner of CMI trUcks; I.e. driving down the center of the street at excess speeds. The enclosed photographs dearly show evidence of the aforemendoned. These are Just a few, of the problems we see related to the use of Faivre Street by Iarre trUck and trailer rigs. Some 2591 FAIVRE STEET. BUILDING 1 . CHULA VISTA, CALIFORNIA 81911 Phon. (6191 575-4000 FIX: (619) 575-4009 , -30 r I WSE I I I I I I I I I WELDERS SUPPLY" EQUIPMENT COMPANY ADIvt.Ionof MATHEWS & CoMPANY _1- 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 Deparanent and Street Maintenance Deparanent, 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 cUlTent 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 Deparanent for continuance without such stipulations would be IlTesponslble. Sincerely, ~ dt a...- (l a..d d t- '-I ,;' , Sandra Caddell President . Endosures 2591 FAIVRE STEET. BUILDING l' CHULA VISTA, CAlIFORNIA 11e11 Phone (6191'575-4000 Fax: (6191575-4009 ~.3" r- negativt~, declaration -1, - "'\ "'\ PROJECT NAME: Faivre" Street, west PROJECT LOCATION: South of Faivre Street at Jacqua Street PROJECT APPLICANT: H.G. Fenton Material Company CASE NO: IS-9D-9M DATE: December 29, 1989 A, Project Setting The project setting consists of approximately 3.0 acres of land located ,south of Faivre at Jacqua Street and is located within the Ot~ River 10D year floodplain. The northern portion of the site is flat and clear. The southern portion of the site slopes to the Otay River and is located within the floodway. The western and southern half of the site are also located within the California coastal zone. Surrounding uses include industrial warehou'sing, car sales and single family residences to the north, the Otay River to the south, a towing impound yard and vehicle storage to the east, and truck and trailer storage to the west, B. Project Description The proposed project involves a master conditional use permit allowing for temporary use of existing flat and clear areas located on the northern portion of the site. Such uses as proposed are vehicle parking and storage, equipment yard, temporary offices, custodial and security facilities, or other related activities on a temporary basis, Specific uses, as they are proposed, are subject to review by the Zoning Administrator. No permanent improvements or structures or grading, other than finish grading is proposed for this project. In order to minimize the possibility of any significant environmental impacts, the following actions are required by the applicant prior to the approval of a specific use by the Zoning Administrator: Installation of solid fencing of the entire site ~nd installation of a si 1t fence on the south si de of the proposed storage area and northerly of the wetlands (see Section E,l and E,4 of this report and the attached wetlands ,delineation stu~), Refinement of the project to avoid a wetland located on the southeastern corner of the proposed storage,area (see Section E,2 of this report and the attached wetlands delineation study), \.\... elly of ehula vista planning department envlronmenlal review seellon -3~ ~{~ -.- ..:::::...,.,;--..: --- --- CI1Y OF CHUIA VISTA r- \- . , -2- C, Compatibility with Zoning and Plans The site is located within the .Whitelands. special comprehensive study area and a specific plan designation for,this area has not yet been determined., With the approval of a conditional use permit allowing the proposed use for a temporary period, the project will not affect long range plans and policies, The site is under City-adopted County zoning M-54, General, Impact Industrial, which allows the proposed uses, D, Compliance with the Threshold/Standards Policy 1, Fi re/EMS The distance to the nearest fire station is 1,7 miles and the Fire Department estimated reaction time is is 7 minutes. Provided no combustible materials are stored on the site, the fire department will be able to provide adequate fire protection for this project without an increase in equipment or personnel. 2. Police The Police Department is currently maintaining an acceptable level of service based on the threshold standards. 3. Traffic The Engineering Department has reviewed the application and has requested that the appl feant, as part of the project, meet the following conditions: dedication of 16 ft. right-of-way along Faivre Street and provi de full street improvements. With or without these conditions, the proposed project will not idversely affect the existing levels of service on roads or intersections in the vicinity, 4, Park/Recreation The Parks and Recreation department has determined that the proposed project would not exceed adopted threshold standards, 5. Drainage Drainage facilities are adequate to serve this project, 6. Sewer Sewer lines adjacent to the site are adequate to serve the proposed project. 7. Water The Sweetwater Authority was notified and has not identified any constraints to providing adequate water SUpply for the project, 33 t. r- ! C -3- E. Identification of Environmental Effects 1. Illegal Dumping There is some concern that the proposed development of this site might improve the access to the Otay River Valley which may encourage additional dumping of garbage in this sensitive area, As part of this project, fencing should be required between the proposed storage' area and the sensitive area, to limit any illegal activity and protect this environmentally sensitive area, 2, Wetlands Due to concern of the possible existence of a wetland located on the project site, a wetlands delineation study was conducted (PSBS 1863), From this report, it was determined that a wetland exists on the site to the south of the proposed storage area and only intrudes onto the proposed storage area on the southeastern corner. It is recolllllended that this southeastern corner be avoided, by refinement of the project area to protect this high quality riverene wetland. 3, Biology Of possible environmental significance was the sighting during the wetlands delineation study of a California Gnatcatcher (Polioptf1a California) in the alluvial fan scrub located on the site, Since this bird would not be expected to utilize any portion of the proposed storage area, this project would not have any adverse impact on the species. 4, Drainage Although the drainage facilities have been determined to be adequate by the City Engineering Department, there is some concern with the "free" water runoff from the proposed storage areas into the Otay River Valley and it is reconmended that a sf1t fence be installed along the southern border of the storage area to help protect the environmentally sensitive wetland to the south, 5. Floodplain/Floodway The entire project site is located within the Otay River 100 year floodplain. However, since the proposed storage area is located well to the north of the floodway, which crosses the site on the southeastern corner, this is not considered to be of significant environmental concern. ' 6. Coastal Zone The western portion of the proposed storage area is located within the California Coastal Zone and a coastal development permit from the California Coastal Conmission is required for any development within this zone. 3'1 C~,. ~ (, -4- F. Mitigation necessa~ to avoid significant effects 1, 111egal Dumping Because fencing of the site is required prior to project approval, no further mitigation will be required to ,avoid significant environmental effects. 2, Wetl ands A wetland has been identified on the proposed storage area on the southeastern corner of the proposed storage area (PSBS 1863), The applicant has agreed to reduce the size of the project to avoid this environmentally sensitive wetland; therefore, no additional mitigation is necessary, 3. Biology During the wetlands delineation stucjy, a California Gnatcatcher wa's sighted on the site. Since this bird would not be ,expected to utilize any portion of the proposed storage area, this project would not have any adverse impact on the species and, therefore, no mitigation is necessary. 4. Drainage Because a silt fence is required to be installed prior to project approval on the southern border of the proposed storage area, no further mitigation is required to avoid significant environmental effects. 5. Floodplain/Floodway Since the proposed storage area 'is located well to the north of the Otay River floodway, no mitigation is necessary, 6. Coastal Zone Due to the location of the project within the California Coastal Zone, a coastal development permit is required. G. Findings of Insignificant Impact Based on the following findings, it is determined that the project described above win not have a significant environmental impact and no environmental impact report needs to be prepared. 1, The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below - ~.5 ('- ~ (: -5- self-sustaining levels, threaten to e1fminate a plant or animal conrnunity, reduce the number or restrict the range of a rare or endangered pllnt or anilllll, or e1flDinate important examples of the Jllljor periods of Ca1ffornia history or prehistory. ' The proposed temporary storage yard wi11 not degrade the qua1fty of the envi ronment, 2. The project has the potential to achieve short-term environmental goa1s to the disadvantage Of long-term environmental goa1s. The proposed temporary storage yard does not have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. . 3. The project has possible effects which are 1ndfvidua11y 1fmited but cumulatively considerable, As used in the subsection, .cumulatively considerable- means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projectsJl the effects of other current projects, and the effects of probable future projects, ' The proposed temporary storage yard wf11 not result in any adverse environmental effects that are cumulative in nature, 4, The environmental effects of a project win cause substantial adverse effects on human beings, either directly or indirectly, The proposed temporary storage yard contains no environmental effects which could cause adverse effects on human beings, either directly or indirectly. H. Consultation 1. Individuals and Organizations City of Chula Vista: Ken Larsen, Director of Building and Housing Roger Daoust, Senior Civil Engineer Carol Gove, Fire Harshal Shauna Stokes, Parks and Recreation Keith Hawkins, Police Department Steve Griffin, Current Planning Barbara Reid, Current Planning Frank Herrera, Advanced Planning Lee McEachern, Planning Intern Applicant's Agent: ~~rk Watten/Bruce Warren - 34:. .- " (\- (.'. -6- 2, Documents . Title 19 Zoning, Chula Vista Municipal Code Chula Vista General Plan EIR, City of Chula Vista Wetlands Delineation Study, PSBS 1863 Federal Register/Vol. ,54 No. 43/Tuesday, March 7, 1989 This determination, that the project will not have any significant environmental impact, is based on the attached Initial Study, any comments on the Initial Study and any conments on this Negative Declaration. Further information regarding the environmental review of the project is ,available from the Chula Vista' Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010, . !t,JA1"M.M. C.~ iN~~NTAl REVIEW COORDINATOR EN 6 (Rev. 3/88) WPC 7026P ~ - 37 ~{ft.. -8- "~--.;: I ~~~ c: Iy 01 chula villa planning deparlmenl CI1Y Of env/ronmenla' levlew .ecllon. CHUlA VISTA Attachment 3 Disclosure Statement -3g " THE em OF aruI..A VJSTA DJSCU)SURE nA1EMENT You arc required 10 file a Slatement of Disclosure of c:enain ownership or financial intercsts. payments. or campaign contrihutlons, on all mailers which will require discrelionary action on the part oC Ihe Oly Council. Plannin. Commis&ion, and all other official bodies. The Collowing inCormation must be disclosed: 1. Ust Ihe names of all persons having a linancialIntereslIn Ihe propeny which Is Ihe suhjecl of Ihe application or the contract, e.... owner, applicant, IXJntraelor, sUbcontraelC!r, malerial supplier. ' H.G. Fenton Material Company, 2. If any person. Identified pursuant 10 (I) above is a corpora lion or partnership. listlhe names of alllnd1vlduals owning more Iban 10% of Ihe shares In Ibe corporalion or owning any partnership Interest In the partnership. Henry F. Hunte Letitia H. Swortwood Emilv Hunte Black 3. If any person. Identified pursuant 10 (I) above is non-profil organization or a Irusl, Jlsl Ihe names of any person serving IS direclor of Ihe non.profil organization or IS trustee or beneficiary or truslor of Ihe trUSI. ' 4. Have you had more than S250 worth of business Iransaeled wilh any member of Ihe CII)' stalT, Boards. Commis&iollS, Commillccs, and Council wilhin the pastlwclve months? Ycs_ NoL Jryes. please indicate person(s): S. Please Identify each and every person, Including any agents, employees. consultants, or Independent COntraClors who you have assigned 10 represent you before the Oty in'lhis mailer. Allen M. Jones Linda B. Kaufman 6. Have you and/Or your officers or agenl&, In Ihe a"regate. conlribuled more Ihan $1,000 to a Councilmember In Ihe t:Urrenl or preceding election period? Yes_ No..l- If yes, stale which Councllmember(s): Date: "(t"{PJr IraCloi'lappUcalll Allen M. Jon Print or type name of conlraClorlapplicaDI · O!!!!!ir *fiItd as: .NlJ'iNlioWMGl,fintl, <o-,.",..,.mp.ioW_ _......_ ,w.~ "".-"", """""""" - -........ 'Y"'''--'. thir MIl _.,_ -..y. dJy _Ill CGfUIII)'. dJy _~; tiiItrin, or oW. po/iIi<tII 1Ubdi-" or .., oW. """ or C/JIttbiIwi... ..,..II1II<' -3/, ,"" Exhibit 1 Staff Report and Minutes of the Planning Commission Meeting of 7/11/90 ' _ r.f (] ~ f Cit,y Planning Commission Agenda Items for Meeting of July 11, 1990 Page 1 5. PUBLIC HEARING: Conditional Use.. Permit PCC-90-2M; request for a conditional use pennit, for truck and trafler storage on the south side of Faivre Street at Jacqua Street A. BACKGROUND The applicant, H, G, Fenton Compa"1, is proposing the use of 3,0 acres of land located at the south side of Faivre Street at the terminus of Jacqua Street for temporary open industrial land uses, The proposed uses include: parking and storage of truck trailers, A11 proposed uses will be situated on the site in a neat and orderly fashion with circulation provided. The applicant also proposes to locate an office trailer on the , site with sanitary facilities for use by truck drivers. A somewhat similar proposal had gone before the Montgomery Planning COl1ll1ittee (MPC) from H, G, Fenton almost a year ago. At that time, the applicant had rroposed a Master CQnditional Use Permit for the K'C's approval basica ly for storage purposes, Specific uses were to be worked out at the Zoning Administrator level, The members of the COl1ll1ittee voiced their concern over the granting of a Master Conditional Use Pennit, The K'C preferred that the conditional use pennit be for a specific use, They also requested additional information on traffic be included in the Negative Declaratfon and asked for corrections to the Initial Stu~" ' As a result, the Fenton staff IIOdified their proposal. to one for a specific use, truck storage and trailer, and met with a subcommittee of the MPC and staff at the time of, their submittal in order to obtain additional input as to the specific conditions MPC would require be included, These are starred in Section 28, RecoJllllendation, The City required the applicant to undertake a traffic stu~ to answer concerns raised by the MPC (please see the June 12, 1990 IIeIIIO from Hal Rosenberg, City Traffic Engineer to Barbara Reid, Assistant Planner on Additional Traffic Infonnation Pertaining to the Proposed Traffic Storage faCf11ty to be Located in the Montgomery Area/Apptfcation by Fenton Western Properties and f1nal Technical Report Mont~omer1 Anal~sfs prepared by the City by JHK and Associates dated June 11, n90 (attaclied), Staff .lso made the necessary changes to the Initial Stu~ and prepared an addendum to the Negative Declaration which analyzes the impact of the proposed project, An Initial Stu~, 15-90-914, of possible adverse environmental impacts of the project was conducted by the Environmental Review COordinator on December 29, 1989. An addendum, as discussed earlier was also prepared. The Environmental Review COordinatOr concluded that there _ 0/'( ~. City Planning Commission Agenda Items for Meeting of July 11, 1990 Page 2 would be no significant ,environmental effects and is recommending that a Negative Declaration be adopted, At, the MPC meeting on July 11. 1990, the MPC unanimously voted to adopt the Negative Declaration issued on IS-90-9M and based on the findings contained in Section E of this report, unanimously voted to adopt PCC-90-2M for a conditional use permit for temporary truck trafler storage at the south side of Faivre Street at Jacqua Street subject to the conditions that follow. B. RECOMMENDATION 1. Find that the project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-90-9M. 2, Based on findings contained in Section .E- of,this report, adopt a motion to approve the request, PCC-90-2M, for a Conditional Use Permit for a temporary truck trailer storage at the south side of Faivre Street at Jacqua Street subject to the'following conditions: a. The use permit is granted for a period of two years from the time of approval by City Council and may be extended in one year increments, with a maximum tenure of five years, upon wr1tten request and review prior to expiration of the permit. *b, No hazardous or combustible lIateria1s are to be stored on the site, No materials that require placarding by DOT (Department of Transportation), either Federal or state will be allowed. *c, The manifest of all lllterials stored is to be ..de available to the City of Chula Vista Planning Department and their designate from the Montgomery Planning Committee within 24 hours notice; d. Per environmental documents, that the applicant shall provide a 6 ft, fence to fence of the storage area as shown on the site plan and a1so install a silt fence on the southern border of the storage area (at the bottom of the chain link fence) within 30 days of the granting of the CUP, Slats are to be provided along Faivre to provide a buffer from the residential units across the street, e, The fire access road of decomposed granite provided by the applicant shall be able to hand1e the weight of fire apparatus. A knox box for the locked gates shall be provided by the applicant, f. Office trailer must be a State approved ccnnercial coach with sanitation facilities, g. Applicant is required to submit details of signage and lighting programs when a specific project is proposed, ~L/~ , " City Planning Commission Agenda Items for Meeting of July 11, 1990 Page 3 h. Street dedication is required to provide' the ultimate half-width of 36 feet of right-of-way adjacent to the site on Faivre. i. Failure to comp1y with conditions of approval or complaints filed shall constitute grounds for review and possible revocation of the use permit, j, A building permit is required. * k, No maintenance/repair of trucks is allowed on the site; ,* 1. ,The entrance to the site shall be to the east of Jacqua Street terminus in order to discourage access from Jacqua Street~ Two signs shall be posted ,by the applfcanton their property on their fencheib~t tdhe tjrminuS of Jacqua: 1) right turn only. 2) Trucks are pro 1te on acqua. * m, That a 10 foot setback be required for the fence on the north of the property in order to provide an area for school children who are waiting for the bus. * n, A monitoring program for the CUP be developed by staff and checked once ever,y 3 months, Any problems should be brought to the attention of the Montgomery Planning Committee, Conditions band c and k thru n were added by the MPC Su~committee or Montgomery Planning Committee. C, DISCUSSION Adjacent Zoning and Land Use North South East West M-54 M-52 M-54 M-54 Residential, industrial warehousing, car sales Otay River Yehicleimpound yard Truck and trailer storage Existing Site Characteristics The project site is a 3,0 acre vacant parcel of land located south of Faivre Street at Jacqua Street and is located within the Otay River 100-year floodplain. The northern portion of the site is flat and clear of brush, The southern portion of the site slopes to the Otay River and is located within the floodway, The site is also loc.ted within the California Coastal Zone. Proposed Use The applicant is requesting approval of a Conditional Use Permit for temporary use of the 3.0 acre existing flat and clear areas of the site, Uses proposed for the site include are truck parking and storage. The - 7"3 ... City Planning Commission Agenda Items for Meeting of July 11, 1990 Page 4 plan provides space to accOIIIIIOdate 147 20-foot truck trailers and 94 40-foot truck trailers~ The proposed use also includes an office trailer located on the northeast corner of the - site which includes sanitary facilities for the truck drivers. Access, to the site is on the northern border alo'ng Faivre. Street; , ' , No pennanent improvements or structures are proposed~ no grading is proposed other than finish grading for the project, Various items which will be transported by the company using the site will be stored in the containers. The items may be transported overseas ,or transported between Long Beach and San,Diego County~ or throughout the United States, Examples of some of the II1Iterfa1s that were 1fsted on the manifest of one company which is interested in leasing space included: women's clothing, seashells, electronic component parts, household goods (for people' moving from overseas), safes~ furniture. gloves, bicycles, motorcycle parts and exercise clothing, One month is usually the longest time that any materials are stored, Proposed hours of operation are from 6:00 a,m. to 10:00 p.m" Monday through Saturda,y and 8:00 a,m. to 6:00 p,m. on Sunday. The manifest of items stored will be available to the Planning Department and members of the Montgomery Planning CoIIInittee on a prearranged confidential basis, A provision of the lease with any leasee will strictly and specifically prohibit any use or storage of toxic or hazardous materials on this site, No removal of brush or grading woul d take place, other than to remove existing trash and debris to put a finish grade on the lot, The proposed uses will 'be confined to the existing flat and clear areas located on the northern half of the site well north of the river flooclway and no permanent structures or improvements are proposed. D. ANALYSIS The project site is designated .Whitelands. on the Montgomery Specific Phn and is slated for .spechl comprehensive study-, The plan also suggests that this parcel of land be incorporated within the proposed .Otay River Regional Park and Open Space Preserve,. The site is under City adopted County zoning M-54 General Impact Industrial. which allows the proposed uses. Because the site is located within the Whitelands Study Area and is being looked at by a number of jurisdictions for use as a Regional Park/Open Space Preserve, the Planning Department has concluded that it will be a number of years before a specific land use designation for this area is determined, " During this .interim. period until the comprehensive study is completed and the specific land use designation is determined, the landowner should be allowed viable economical use of their land on a temporary basis, - Lf'r ~, City Planning Commission Agenda Items for Meeting of July 11, 1990 Page 5 Approving this pennit for a limited period of time (two years, with a IIIIximum tenure of five years), the" use woul d be consistent wi th the intent of the plan and would protect the publics future interest in the "Whitelands". In response to the environmental sensitivity of the area on the southern portion of 'the site, the applicant agreed to shrink the size of the storage area to avoid the sensitive wetland that exists on the site, The applicant is also proposing to install a silt fence on the southern border of the property, and will also be installing a fence around the area that is proposed for use to help discourage illegal dumping, that is prevalent in this area, E. FINDINGS 1, The proposed storage area woul d provi de for the storage of veri ous items of material and eguipment that are useful to the continued operation of businesses wlthin the community, 2, The proposed storage area will present 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. The proposed storage area will comply with the, applicable conditions, codes and regulations for the Montgomery area. 4, The site is located in the .Whitelands. special comprehensive study area and a specific plan designation for this area has not yet been determined, With the approval of a conditional use permit allowing' 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 applicable plans and policies. WPC 7995P - Lf-5 i~./ , ~II {!,~ ' '_IU"NI...:..-.......#J...VU, ....- , . - ----- l' "" ~ '"" SSJ~' CHu) , '-It , 11 . f; [=-- _~~-:.:!!'N --" -, /, ~ c----------, I " / '~.I ....:'.: ""NI .1/1'" -J '''. , ) ' ,e . Ir, '1riiln'r....... . , : €, 'I :\ ffr r-----l :::'/ ! -Jlri' ~)! I, ~_IU"NI,o;.U " / ".: I "b 1/ It ~ ' I. ~~ L-____-.1(' \.!i : .' I ,~ \.J / '~f i '~I'~~I '-----1- i - l V !:~ ; , J\~II f I U-.IU_,....' :.......--. II . ~ E~' I I. ~ :, c d~ L J I> ' I -' i~~ ------ . ~ . c_~ I . '- ^~=r-- I L ~ R~ I Z>>fMIIJ1WWJ..,...... ~ ~'" , ~ -I'. L______ I · J Ii 11 [ ";"-==l !: I ~ J ----- _ U -;- -;;;:"';U";~4I.III'1I J' .J " -~ ")' ......"""M.., .."'~ ~ I I ~I'i H · i , !I~f . ~jl~1: .~ ,,~s .~ , ~b i I~~ ~ I!f=~ 5 }i q ~.d l ...,~ ir xhi@.. I: sf ~ :~i:1 ~ f~fi! ii) 51gh !; nlll I, - III i~~ ~~ Iii UI h i I :U IJ\i It ~ t d~ ~.~ t~~ i! ij ijPm ~ -~ ' . .. . ~ D.d Ifill ' rI ' f e .: ~.h h ! i " ~ r= ~di i i : i , a ii, If.I!!Ua ~i!1 -..H- ~ ~ ".. '.. .~ :; . I , I ~ ~ I ' i It' · ~ , ; ~dh ~ , i. ~' ,'':'-.;1 _ t - " - 'zzt l ' I I I I ,.' . ~ ... J ; . ' - , i I , - ~+j -if~ .-:J , ~ i (. ~ , T&UGI: I ......,.... t PROJECT r LOCATION , i .-- -...- ".~"iliI. - ..- -- ~ ;- I .I' *1 MAIN 81, AUTD. HIIIoLI ""1.11' 'it' 'Ffr: ~ we.ta#""'I"$ i>"~ ~ ~. .,. , ,.~~ C'I,) SF <, ::J_ ~F 0 (,) IF <- "") - ~,. - SjW' 'Sf ,,. - - - 'F ,AUTOl1oe"-5 "nt~II"'" 'rAflO - .. " l - ff'~ ~'f "/" , ,,. SF ~ FAIVRE 81, "'.IIIG.Le It.trOIlND 'r AIIt> -, -- 1!UicnrIc. ",.."" eu~N'" , . - - 00 WAY _ _ _ FL fi ~~INDA~) (NORTHERN , ) .. THE ENTIRE PROPOSED PROJECT SITE IS LOCATED WITHIN THE OTAY RIVER 100 YEAR F1.00D P1.AIN , I ( Mb~p~tf.(,TON 200 ( PCC-90-2M J ] . "LOCATOR - "17 so, SIDE OF FAIVRE ST, AT JACQUA Sf , ~ c .,. MINUTES -5- Julv 11. 1990 ITEM 4. PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-90-IM; REQUEST FOR A CONDITIONAL USE PERMIT FOR VEHICLE AND TRAILER STORAGE AND AUTO AND TRUCK SALES INCLUDING CUSTODIAL AND SECURITY' FACILITIES AT THE SOUTHWEST CORNER OF BROADWAY AND FAIVRE STREETS - H. G. Fenton Company , ITEM 5. PUBLIC HEARING:' CONDITIONAL USE PERMIT PCC-90-2M; REQUEST FOR A CONDITIONAL USE PERMIT FOR TRUCK AND TRAILER STORAGE ON THE SOUTH SIDE OF FAIVRE STREET AT JACQUA STREET ITEM 6: PUBLIC HEARIN13: CONDITIONAL USE PERMIT PCC-90-3M; REQUEST FOR A CONDITIONAL USE PERMIT FOR TRAILER STORAGE AT THE SOUTHWEST END OF MACE STREET Assistant Planner Barbara Reid noted there were some corrections to be made in the conditions listed in the reconmendations for adoption of PCC-90-1M as follows: 2.e. Applicant is required to submit details of signage and lighting .prior to the issuance of the business license.. g. Failure to comply with conditions of approval .or" complaints filed '.. m. Applicant to provide paved access for fire apparatus and a knox box prior to the issuance of a business license. Under Findings, Section E.2. to be reworded to read "The proposed storage area will be landscaped to minimize any adverse visual impact of the project." PCC-90-2M: Under RECOMMENDATION: 2.c. The manifest of all materials stored is to be made available to the City of Chula Vista Planning Department and "a designated member of the Montgomery Planning Conmittee on 24-~our notice." g. The applicant is required to submit details of signage and lighting programs "prior to the issuance of a business license." E. ANALYSIS: 2. The proposed storage area will be adequately fenced to minimize any adverse visual impact of the property. PCC~90-3M: Under RECOMMENDATION: 2.e. Applicant is required to submit details of signage and lighting programs "prior to the issuance of a business license.. _ ' m. The Planning Department and .a designated member. of the Montgomery Planning Conmittee shall have the right to check the manifest 1 ist' of stored materials on 24 hours notice. -Lf~ , , ~ I , . , ~ MINUTES -6- Jul v 11. 1990 Under ANALYSIS: The project site is designated .Whitelands and Research Unlimited Industrial" on the Montgomery Specific Plan... Under FINDINGS: The proposed storage area will be adequately fenced to minimize any adverse visual impact of the project. Assistant Planner Reid stated that the three sites and proposals were each on 3 acres or less land; all were located entirely within the special study of the ,"Whitelands" of Montgomery except for the Mace Street site where the northern half was Research and limited Industrial. All three sites were zoned M-54 General Impact Industrial. Ms. Reid said that the Planning Department wished to allow the applicant temporary use until a special study was completed. All of the environmental sensitive ar.eas had been excluded where development was proposed. Ms. Reid stated the applicant had met with the subcommittee of the Montgomery Planning Committee to discuss the conditions, and specific conditions which were made by the Montgomery Planning Committee were noted in the staff report. She said the City required the applicant to undertake a traffic study to answer all of the Montgomery Planning Committee's concerns. Assistant Planner Reid stated the recommendation of the Planning Department was that this be granted for two years up to a five-year maximum. The Montgomery Planning Committee also asked for monitoring by staff on a three-month basis. Ms. Reid said the Planning Department was recommending the project because it was relatively close to commercial uses to the north, it was temporary for a two-year period, it was one of the temporary uses that was felt would fit on the site, and the proposed landscaping would buffer the view. Ms.' Reid continued to explain the conditions which had been recommended for the project. This being the time and the place as advertised, the public hearing was opened. Linda Bartholomew, representing H. G. Fenton Company, introduced other members of the company and briefly noted the applicant had' complied with all the concerns of the Montgomery Planning Committee, who had voted unanimously in favor of the project. Chairman Tugenberg asked if there was going to be 24-hour security on the locations. Ms. Bartholomew answered they had agreed to 24-hour security at the location on Mace Street. No one else wishing to speak, the public hearing was closed. (The following motion was made out of sequence--PCC-90-2M.) MSUC (FullerICarson) 7-0 to find that the project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-90-9M. -~f .n "r . MINUTES -7- Julv 11. 1990 MSUC (Fuller/Carson) 7-0 that based on findings contained in Section wE" of the staff report, approve the request, PCC-90-2M, for a Conditional Use Permit for a temporary truck trailer storage at the south side of Faivre Street at Jacqua Street subject to conditions 'a' through '~' is attached. (The following discussion regarded PCC-90-1-M.) Chairman Tugenberg stated he was not against the storage facility, but was opposed to the property being used as a truck facility, since they were trying to clean up the area and had opposed prior requests. COlllllissioner Fuller explained this was an interim use of the property, and that was why she was in favor of the project. , Chairman Tugenberg was concerned that it would be long-term. ' Conunissioner Carson asked staff if the term would be limited to five years. Assistant Planner Reid answered affirmatively, and stated that any problems would be brought back to the Montgomery Planning COlllllittee with the possibility of revocation. MSUC (Fuller/Casillas) 7-0 that the project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-90-8M. MOTION by Conunissioner Fuller that based on findings contained in Section "E" of the staff report, approve the request, peC-gO-IM, for a Conditional Use Permit for a temporary vehicle and trailer storage and used auto and truck sales at the southwest corner of Broadway and Faivre Street subject to the conditions 'a' through 'n'. Conunissioner Tugenberg stated he wished to amend the motion to ~elete the use of the reta~l truck and auto park at that'location. There was no second. THE ORIGINAL MOTION WAS SECONDED BY COMMISSIONER CASILlAS. VOTE: 6-1 (Colllllissioner Tugenberg voted against.) (The following motion was regarding PCC-90-3M,) MSUC (Ful1er/Carson) 7-0 that the project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-90-7M. Msue (Fuller/Carson) 7-0 that based on findings contained in Section "E" of the staff report, approve the request, PCe-90-3M, for a Conditional Use Permit for vehicle and trailer storage and a mobile office trailer at the southwest end of Mace Street subject to conditions 'a' through 'n'. --"- ~" ~~' -~o ~ T , . Exhibit 2 Letter of 8/13/96 Conditionally Approving an Extension to PCC-90-09M _ sl .~ ~~~ ~ ~~ ~-~ ~ ~ ~ " 01Y OF CHULA VISTA PLANNING DEPARTMENT August 13, 1993 Mr. Allen Jones, Planning Manager Fenton-Western Properties. 7220 Trade street, Suite 300 .P.O. Box 64 San Diego, California 92112 Subject: Conditional Use Permit PCC90.02E; Request for an Extension of the CUP Allowing Temporary Semi TraaorfI'railer Parking/Storage on the South Side of FaiVJZ Street at Jacqua Street Dear Mr. Jones: The Zoning Adm;n;<trator has considered your request for an extension of a conditional use permit previously approved for PCC90.02 to allow the temporary parking and storage of semi-tractors/trailers on the south side of Faivre Street at Jacqua Street. The Environmental Review Coordinator conducted an Initial Study, IS-90-09M, of potential environmental impacts associated with the implementation of the project when the project was originally submitted. This recommendation has not changed as the applicant is requesting a time extension for conditional use permit and not any other entitlement. After reviewing your proposed project, site plan and the emring conditions in the immediate vicinity of the subject property, the Zoning Administrator has found it Jle<<'ccary to apply certain conditions in order to ensure that the facility does not create adverse impacts on surrounding areas. Based upon these conditions, the Zoning Administrator has been able to make the required findings to grant your request, which,is hereby approved subject to the following conditions: 1. This extension is valid untilJuly 11, 1995, at which time further extensions shall be considered by the plsnn;ng e:..."n;..ion. 2. Magnesium chloride shall be applied at owners apense to all driving areas at least once per year no later than March 21st, weather permitting, including the project frontage along the Faivre Street right-of-way. The initial application shall occur within 30 days of the date of this approval. If needed, .dditional applications shall be applied at oWDers apense during the ,"mm,",", fall and/or winter seasons as deteJ'ft'l;ned by the Director of plsnn;ng: 3. The applicant is required to improve Faivre Street to its full ,width along the frontage of the property, subject to review and approval by the City Engineer. -5~ 276 FOURTH AVEICHUlA VISTA CALIFORNIA 9'9'OIf6'9i ~9',5'O' -, ~ '. , PCC-90-02E - Request lo~ Extension Au~st 13. 1993 This condition sha1l be implemented within six months of the date of this approval. Page 112 : ... The applicant shall participate in the formation of a, reimbursement and/or assesSUlf'Dt district to improve the intersection of Faivre Street and Broadway, to the satisfaction of the City Engineer. This condition shall be implemented within 60 days of the date of this approval. ' 5. The original conditions of approval as listed on the attached letter dated August 2, 1990 are still applicable unless superseded by conditions contained herein. 6. This permit shall be subject to any and all 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 shall impose after advance written notice to tbe Peimittee and after the City has given to the Perminee the right to be heard with regard thereto. However, the City, in exercising this reserved right! condition, may not impose a subStantial expense or deprive Perminee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 7. This conditional Use permit extension shall become void and ineffective if Condition No. 's 2, 3 & .. are not implemented within the time periods specified. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. Findings of fact are as follows: . 1. The existing use provides for the storage of various items of material and equipment that are useful to the continued operation of business within the community. ' ' 2. The use, as conditioned, would present 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 bnm.n. or surrounding properties. 3. The use, as conditioned, complies with the applicable conditions, codes and regulations for the Montgomery area and the previously approved conditional use permit. :\HOME\P1ANNING\MMTlN\fAIVIIEUCICIZZA. - 53 ~ , .. ), PCC~2E - Request for Extension Au~st 13. 1993 of. The site is located in the "White1ands" special comprehensive study area and a specific plan designation for this area has not yet been determined. With the approval of a conditional use permit allowing this use for a temporary period, and the Plan,ning 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 applicable plans and policies. Page 113 You have the right to appeal this decision to the PI:anning Commi.sion. A completed appeal form along with a deposit must be received by this office within ten days of the date of this letter. FOrII1$ are aVailable from the Planning Department. In the absence of said appeal the decision o~ the Zoning AAminiotrator is final. Failure to use this permit within one year from the date of this letter shall cause the permit to become null and void unless a written request for an enension is received and granted prior to the expiration date. Sincerely, Ma~'- '- Martin Miller Associate Planner -'~---..... cc: Steve GriffIn AICP, Senior Planner William Ullrich, Senior Civil Engineer City Clerk Code Enforcement Dante Vizcaya George and Julia Solis :\HOME\I'LANNING\WAIlTlN\l'AIVIIE~ _5L( : .- :.. '. '. -, T' \, ~~~ ~~~ ~~~ '- ii: ~ I 01Y OF CHULA VIStA PLANNING DEPARTMENT August 2. 1890 H, C. Fenton Material Co. P .0, Box 64 Sin Diego, CA '2112 Attn: Mlrk Watton : CONDITIONAL USE PE~)T ~ pce.'0-2M At the Planning Commission ..eting of July 11, 1"0, your request to operate a truck and tra11er storage Ylrd on the south side of Faivre Street at Jacqul Street WIS considered by the Chula Yista Planning Commission with the Commission voting in favor of approv.l of the project subject to the following conditions: d, a. The use permit is granted for a period of two years from the time of approval by City Council and .IY be extended in one year increments, with . maximum tenure of five years, upon written request and review prior to expiration of the permit, No hazardous ,or combustible aaterials .re to be stored on the site. No materials that require placarding by DOT (Dep.rtment of Transportltion), either Feder.l or St.te will be allowed, The manifest of all materials stored is to be aade .vailable to the City of Chula Yista Planning Department .nd their designate from the Montgomery Pl.nning Committee within 24.hours notice, Per environmental dOCUllllnts, th.t the applicant sha11 rrovfd. a 6 , ft, fence to fence of the storage area as shown on the s t. plan and also install a silt fence on the southern border of the storage area (at the bottom of the chain link f.nce) within 30 dl1s of' the granting of the CUP. ,51,!.ts are to be provided along Faivre to provide a buffer from the residential units across the street. " , b. c, .. The fire access road of decomposed granite provided by the applicant .han be able to hlndle the weight of fire apparatus, A box box for the locked gates shill be provided by the applicant, Office trailer must be a State approved commercial coach with sanitltion facilities. f. . 5..5 . . . . . . . . ~ ! '\ H. G. Fenton Material Co. August 1, 1990 Page 2 Street dedication is required t~ provide the ultimate ~alf-width of 36 feet (!f right-of-way adjac.nt to the sit. on Faivre, , Failure to comply with conditions of approval or complaint, filed shall constitute grounds for revi.w and possible revocation of the use permit. A building permit is required. No maintenance/repair of trucks is anowed oil the lite, The entrance to the site shan be to the east of Jacqua Street terminus if! order to discourage access from Jacqua Street and a right turn only lign 11 to be posted by the applfcanton their property on their fence at the t~rminus of Jacqua. That a 10 foot setback be required for the fence on the north of the property in order to provide an aria for Ichool children who are waiting for the bus. m. A monitoring program for the CUP,be developed by Itaff ,and checked once every ,3 months. Any problems should be brought to the attention of the Montgomery Planning Committee. You may appeal this decision to the City Council, Said appeal along with the appropriate fee must be received by this office within ten days of the date of this letter. /) , fK~Urt J. ,L Principal Planner j. ~ KGL:LM:vt "PC 8102P 51, h. 1, 1. : . - .81P Exhibit 3 Locator Map -.57 ~ -r' I . I' .- -...- - - --. PROJECT LOCATION - r, I . . . " ' I I , .~. r .. MAIN STREET -L.--L ----'.n - ~I, i~ ~ fL~ MANYA 5T, r l' 1 1 I I' IL~ AVE, - ---.. -<(-- -~- _0_ ~~ - I ~. o ... ~ CHAR~ES - i , ." " - ,,- .,..,/ ,~/' , , I / -' --- - ---- i .L ..___ , - ~~ ~--I '." CHULA VISTA C) PLANNING DEPARTMENT NORTH ~. Fenton MaterlaVCaIHornla , Mulllmodal,lnc. PROJECT P.O. Box 64 ADDIIfSS: San Diego, Ca. '92112 ~ II'l! NUM8EI: 400' PCC-96-01 I'ItOJ!CI'DESaImON: CONDITIONAL USE PERMIT: Request: Continue using parcel for trvck and trailer IIorage for period of two years. See preYious CUP PCC-90-02. -58 " ' ... _1- __ _1_ _ _;_ ,: .. '; r- --U') , , , . , , , , r-~ I I I I ..... .-. . , : ," . ;--... ...... I &.......... .J , II> "'- . ~ '0 '- I .... ....- I' " , ~ : , I I I I I r I I I I I r 1_-- 1__-'____.. i I I I , I , ___1__- -- CI'T Y I I I \ I CITY 'f \ I I I I OF ..: ~ ! PLANNING COMMISSION AGENDA STATEMENT Item 4 Meeting Date 7/23/97 ITEM TITLE: Public Hearing: Special Use Permit SUPS-96-08(M) - Request for additional day of operations (Wednesday) for existing swap meet operating Friday through Sunday at 690 L Street, within the I-L and I-L-P zones - Victor Joseph The proposal is to add an additional day of operations to the existing swap meet operations at 690 L Street. The swap meet has been conducting business for approximately five months, on a Friday through Sunday basis; the applicant now proposes to expand operations to include Wednesdays. The Environmental Review Coordinator has previously conducted an Initial Study, IS-97-03 of possible environmental impacts, and issued a Mitigated Negative Declaration on IS-97-07. This project falls within the scope of that Mitigated Negative Declaration, RECOMMENDATION: That the Planning Commission adopt attached Resolution SUPS-96- 08(M) recommending that the Redevelopment Agency approve the project based on the findings and subject to the conditions contained therein. DISCUSSION: Site Characteristics The project site consists of several vacant parcels (see locator) west and north of the Ratner manufacturing building and adjacent to the MTDB right-of-way along Industrial Avenue, The site, consists of relatively level parcels and includes concrete, asphalt, and gravel-covered areas and totals 144,000 square feet. Zoning and Land Use Zone Land Use Site North South East West I-LII-L-P (Limited Industrial) R-3 (Multi-Family Residential) I-L-P (Limited Industrial) I-L (Limited Industrial) I-L-P & I-P (Industrial) Vacant Apartments Pallet Company Medical/Manufacturing Trolley/Industrial Blvd. T I Page 2, Item ~ Meeting Date 7/23/97 Proposal The proposal requests permission to open for an additional day of operations. The swap meet is currently open to the public Fridays through Sundays from 7:00 a.m. to 3:00 p.m" with additional hours for setup and closing. The applicant now proposes to conduct the swap meet on Wednesdays also, with the same hours of operations, ANALYSIS Background In December of 1996, the swap meet was approved by the Redevelopment Agency for an initial period of 18 months, Although a special event permit allowed the applicant to conduct limited sales activities in December and January, the swap meet actually commenced operations in February 1997. The City's Finance Department has issued business licenses to approximately 57 vendors at this location. Operations As noted, the swap meet has been open to the public for three days a week - Friday through Sunday, from 7:00 a,m, to 3:00 p.m. with set-up activities from 5:00 a.m. to 5:00 p.m, - for approximately five months now. While this is not a significant length of time for the purposes of fully evaluating the operations, the City has received no complaints from neighbors, and it is staff's opinion that one additional day of operations would have no significant additional impact on the surrounding area. Non-Compliance with Required Conditions Notwithstanding the finding that an additional day of operations would have no significant additional impact, there are a number of violations on the site relating to the Special Use Permit, and it is staff's recommendation that these violations be abated prior to commencement of an additional day's activities. These violations are listed in a July 9, 1997 letter to the applicant (attached) , In a recent meeting with the applicant regarding submittal for the proposed extension, the subject of the violations was noted. At that time, the applicant stated that he was unaware of these violations, and had not been advised of them by City staff; staff consequently committed to providing the applicant with a list of violations to be addressed. Although it is correct that staff had not formally advised the applicant of violations on the site, they pertain specifically to conditions of approval for the swap meet, of which the applicant received copies in December. ~ I j Page 3, Item 2 Meeting Date 7/23/97 Vendors have been issued business licenses pursuant to the setting up of the swap meet operations; however, a business license for the applicant has not been signed off due to the lack of implementation of certain conditions of approval. Since the applicant, as one of the conditions of approval had signed an agreement confirming that he understood and agreed to the conditions of approval, it was staff's belief that the applicant was in fact aware of and understood each of the conditions. The violations pertain to requirements of various departments in the City, and while Planning staff has been made aware of certain of the violations at different points in time, a composite list had not been compiled subject to the obtaining of additional information (e.g, from the County Health Department), As noted, a complete listing of violations to be addressed is attached. The primary violations pertain to lack of approval for temporary parking surfacing and building permits. In addition, a variety of illegal signs are posted on the property. CONCLUSION As stated, staff supports the one additional day of operation which we have concluded will have no significant impact upon the surrounding area, and therefore recommends approval of the proposed additional day of operations, However, staff recommends that such approval be made contingent upon compliance with the original conditions of approval, and that all violations on the site be abated prior to commencement of the additional day of business operations, Attaclunents \, Planning Commission Resolution 2, Draft Redevelopment Agency Resolution 3, Locator/Plans 4, Attaclunent - Letter of Violation 5, Disclosure Statement (m: \home\planning\patty\sups9608. . rep) T , . . ATTACHMENT 1 PLANNING COMMISSION RESOLUTION RESOLUTION NO. SUPS-96-08(M) RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE REDEVELOPMENT AGENCY APPROVE A MODIFICATION TO A SPECIAL USE PERMIT TO ALLOW AN ADDITIONAL DAY OF OPERATIONS TO THE EXISTING SWAP MEET LOCATED AT 690 L STREET WHEREAS, a duly verified application for a modification to a special use permit, SUPS- 96-08, was filed with the City of Chula Vista Planning Department on July 3, 1997; and, WHEREAS, said application requests permission for operations on Wednesdays to be added to the current operating schedule of Friday through Sunday for the existing swap meet located at 690 L Street, within the IL and ILP zones; and, WHEREAS, the Director of Planning set the time and place for a Planning Commission hearing on said 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 mailing to property owners and residents within 500 feet at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely on July 23, 1997 at 7:00 p,m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION recommends that the City Council approve the modification request, based upon the findings and subject to the conditions listed in the Draft City Council Resolution, and that a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this day 23rd day of July 1997 by the following vote, to-wit: AYES: NOES: ABSENT: Patty Davis, Chair ATIEST: ~ , i , ATTACHMENT 2 DRAFT REDEVELOPMENT AGENCY RESOLUTION RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CIRJLA VISTA APPROVING A MODIFICATION TO A SPECIAL USE PERMIT TO ALLOW AN ADDITIONAL DAY OF OPERATIONS FOR A SWAP MEET LOCATED AT 690 "L" STREET I. RECITALS A. Project Site WHEREAS, the property 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 690 "L" Street; and B. Project Applicant WHEREAS, a duly verified application for a modification to Special Use Permit SUPS-96- 08 was filed with the City of Chula Vista Planning Department on July 3, 1997 by Mr. Victor Joseph (Applicantl; and C. Project Description; Application for Special Use Permit WHEREAS, said application requests approval for an additional day of operations, specifically Wednesday, for the previously approved swap meet located at 690 "L" Street in the IL (Limited Industrial) and IL-P (Limited Industrial - Precise Plan) Zones; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 23, 1997 and voted _ to recommend that the Redevelopment Agency approve the Project in accordance with Planning Commission Resolution No. SUPS-96-08(M); and, 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 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 10 days prior to the hearing; and G. Place of Public Hearing WHEREAS, the hearing was held at the time and place as advertised, namely August 5, 1997 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Redevelopment Agency and said hearing was thereafter closed. II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on July 23, 1997 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. p I I Resolution Page 2 NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY hereby approves the modification to the special use permit based on the following findings and all other reports, evidence and testimony presented with respect to the proposed use, and subject to the following terms and conditions. III. SPECIAL USE PERMIT FINDINGS The following findings are required by the Southwest Redevelopment Plan which governs the issuance of special use permits. The Redevelopment Agency of the City of Chula Vista hereby sets forth the following evidentiary basis for approval of the proposed Project: A. 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 additional day of operations for the swap meet is desirable in that it will allow the applicant to improve the feasibility of the project, which is currently approved for a limited time frame. The existing use is not otherwise easily accessible to residents of western Chula Vista, and makes available a place where they can purchase needed personal, household and business items. B. 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 current operations have not generated complaints, and the additional day of operations will create no significant additional impacts beyond the existing operations. The existing time limitation on operations ensures that any impacts created by the operations will be evaluated in a timely manner prior to any extension beyond the original 18 month period of approval. This Project is conditioned such that all conditions of approval for the original operations shall be met prior to commencement of the additional day of operations. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Special Use Permit SUPS-96-08(M) is conditioned to require the Applicants owner to fulfill conditions and to comply with all the applicable regnlations and standards specified in the Municipal Code for such use. The conditioning of SUPS-96-08(M) is approximately proportional both in nature and extent to the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. D. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of SUPS-96-08(M) for the specified limited period will not adversely affect the Chula Vista General Plan in that said Project is proposed to be operated on a site already partially developed, containing public facilities (water, sewer, etc.), said proposed ~ Resolution Page 3 open air market conforming with the General Plan in that this Special Use Permit has been properly executed and duly adopted. IV. GRANT OF PERMIT The Redevelopment Agency hereby conditionally grants the Special Use Permit modification, subject to the following conditions, whereby the Applicant shall: 1. 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. 2. Comply with all conditions of the original project approval prior to commencement of the additional day of operations. 3. Abate all existing violations prior to the additional day of operations, as listed in Exhibit "A". 4. The open air market is authorized, under the original resolution of approval, to occupy the site from the hours between 5:00 a.m. and 5:00 p.m. Fridays, Saturdays and Sundays. This approval is expanded to include Wednesdays, under the same hours of operation. In every instance all structures, equipment and activities associated with the open air market other than approved permanent storage facilities or fencing shall be cleared from the site by 5:00 p.m. 5. Comply with all City ordinances, standards, and policies except as otherwise provided in this Resolution. Any violation of City ordinances, standards, and policies, or of any condition of approval of this Special Use Permit, or of any provision of the Municipal Code, as determined by the Director of Planning, shall be grounds for revocation or modification of this Special Use Permit by the City of Chula Vista. 6. Execute the attached Agreement indicating that you have read, understand and agreed to the conditions of approval contained herein, and will implement same. 7. This permit shall be subject to any and all 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 shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, 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 economically recover. 8. Pay all costs associated with implementing any of the above conditions of approval. 9. Operate this Special Use Permit modification for the remaining time authorized for the original swap meet operations under Resolution 1523., after which time the approval for both the original Special Use Permit and this modification expires. ~' Resolution Page 4 10. Any change to the operational profile or any request for the extension or expansion of the USe shall require approval of a separate modification by the Redevelopment Agency of this Special Use Permit andlor the Mitigated Negative Declaration issued for IS-97-03, and may result in additional conditions of approval andlor mitigation measures. 11. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, the Redevelopment Agency members, the City Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) Agency's approval and issuance of this Special Use Permit, (b) Agency's or City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby. Applicant'sloperator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of Applicant'sloperator's successors and assigns. V. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that 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 REDEVEWPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS 5TH DAY OF AUGUST 1997. Presented by Approved as to form by Robert A. Leiter Director of Planning John M. Kaheny Agency Attorney ~, , , I Resolution Page 5 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this Sth day of August, 1997 by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Shirley Horton Chairman ATTEST: Chris Salomone Executive Secretary r"' AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND THE OPERATORS OF THE CHULA VISTA MARKETPLACE AND THE PROPERTY OWNER OF 690 "L" STREET RELATED TO THE CONDITIONAL APPROVAL OF SUPS-96-08(M) The property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicants have each read, understood and agreed to the conditions contained in Resolution No. , and will implement same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No. shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the Planning Department shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner 690 "L" Street Date Signature of Representative of Chula Vista Marketplace Date "..- I , I . , ATTACHMENT 3 LOCATOR T '\ i \ \ \ " " " \ .-#". \ ~ \....--~' , -, \ '0" .,. , -- o Z ".- ~U\'~ . , \ ~ ( , TP- '\ \-\ , . . , \ \ . , \ \ ~,." 1~~ \ - 1iP"\ ILP\:J~ z ~ ~"' C m \ . ".~ CII ~ )0- ~ m tn ". ~ :-:; --- MHP , , ... r CHULA VISTA PLANNING DEPARTMENT l LOCATOR C) ~, South Bay . Marlcet Place PIOECT 690 'L' Street AOOESS: PROJECT D"-SCRIPIIO/oI: INITIAL STUDY , NORTH ~ No Scale I FlU NUMBER: IS.97-n"! Request: Pro;:>osal for an open air market place (swap meet) for the sale of new and used Items. Reinter! cr.,e, SI ,p<;.9~.nR r j . , A TTACHM:ENT 4 LETTER OF NON-COMPLIANCE ~~~ ~ ~~~.;E" CIlY OF CHULA VISTA PLANNING DEPARTMENT Ju]y 9, 1997 Mr. Victor Joseph ] 66 K Street Chula Vista, California 91911 r , RE: SUPS-96-08: Non-Comp]iance with Conditions of Approval of Reso]ution No. ]523 Dear Mr. Joseph: '.', " The following infonnation serves to document the non-compliance with the conditions of approval of Redeve]opment Agency Resolution No. 1523, which was approved on December 10, 1996. I. CompUonce/Status Explanation Condition of Approval Operate the Project as submitted to and approved Not in compliance. by the Agr:ncy. except as modified herein and/or as required by the Municipal Code, and as detailed in the projed descriPtion. - 2. Install a tcIl (10) foot Jandscaped buffer aJong L Not in compliance. Street the entire length of the vendor's lot, to the satisfaction of the Director of Planning. 3. SUbmit a landscape plan to the Director of Planning Not in compliance. prior to occupancy of the site and install approved landscaping prior to opening for business. In the event the Project's landscaping is not instaUed within thirty (30) days after opening for operations, this Special Use Permit is subject to revocation. 4. To the satisfaction of the City Engineer: .. Construct the easterly-most driveway to Yes. Commercial Standards. The Planning Department approved two banner signs (4 'X8') announcing the S'Wap meet. Numerous, miscellaneous signs appear on and adjacent to the swap meet, for example, hot dog sales, a sign for a restaurant unre1ated to the swap meet, signs attached to telephone poles on L Street for various items for sale. In addition, clothing has been hung on the western fence and used cars so1d from the swap meet. All unauthorized signs and items should be removed inunediately. Landscaping buffer plan for L Street frontage did not receive final approval from Planning. Comments were returned to the Applicant via Building & Housing in January of 1997 but no response from the Applicant has been forth-coming. This issue can be resolved to the City's satisfaction with the addition of p1ants, subject to the Landscape Planner's approvaL As part of Applicant's submittal for building permits, a landscape plan was routed to staff who reviewed it. & made comments. Plan was ret\lrned to Applicant but never fmialed. See above for resolution. Complete. 276 FOURTH AVE/CHULA VISTA, GALlFORNIA 919101(619) 691-5101 T Mr. Joseph/Reso]ution ]523 Condition of Approval r Page No.2 b, Compliance/Status Explanaoon Prior to the approval of any extension, Not applicable. submit an in-depth traffic study. in a fonn approved by the City Engineer. to the City Engineer which analyzes traffic impacts on Industrial Boulevard and provides mitigation necessary 10 improve the level-of-scrvicc (LOS) on Industrial Boulevard from an LOS F to and LOS C. Said study shan also incJude an analysis for providing a traffic signal in addition to adding a lane. Said improvement(s) may include, but not be limited to, adding an additional lane from south of the fit:eway ~s 10 L Street and a signal at the 1-5 on/off ramp intersection. Approval of such renewal will be condition upon timely implementation of any traffic measure deemed appropriate by the City Engineer, based on said report. 5. Pave all parking areas to a Temporary Use Not in compliance. standard (maximum of one year) consisting of two (2) inches of compacted decomposed granite, the top one ioch of which bas bceo treated with SC-250 asphalt road oil to fonn a water-resistant and dust m:. wearing sorface. Penetraots shall be applied at such I<IteS or a suffICient number of times to produce the specified w~ring surface. A weed killer shaU be applied tin accord with the manufadDrers instructions to the entire area to be paved. .;.,.. 6. Consistent with CVMC, Section 19.58.370B, Not applicable. request that the Zoning Administrator grant, in conjunction with the open air market, up 10 six (6) permits pcr year not to exceed twenty-four (24) days in any calendar year, but not exceeding seven m consecutive days, for events which would aIlow the qx:n air market to maintain temporary displays and facilities on the site for the duration of the event. The permit shall be submitted for review at least t:biny (30) days prior to the commencement of the eve::oJ:, and shall include all plans, exhibits, and operational infonnation deemed necessary by the Zoning Administrator in order to properly evaluate the request, render a decision, and apply any necessary conditions. 7. Prior to obtaining a business license from the City Not in compliance. of Chula Vista for operating an open air market, cooperate with the Business License Officer in order 10 develop and implement a tax collcctionlbusiness license issuance plan for all vendors, to the satisfaction of the Director of Finance. '-"ITV n~ '-"UIII ^ \l1r"'T^ If an extension is being contemplated, an in-depth stUdy should be underway. '. The customer parking areas should already have been improved to comply with the City's Temporary Use parking standard. To date, the required improvements have not been made to the customer parking area. Not applicable as the applicant has not applied for special event permit. Business licences are being issued to individual tenants, but because Applicant has not complied with conditions of approval, a business licence has not b~n issued for the swap meet. Mr. Joseph/Resolution 1523 Condition of Approval r Page No. 3 Compliance/Status Explanation Applicant complying with this condition. 8. The q>cn air _ ~ authorized '" occupy the site y... from the hours betwetll 5:00 a.m. and 5:00 p.m. Fridays. Satnrdays and Sundays. In evr:ry instance all strucmres, equipment and activities associated with the open air market other than approved permanent storage facilities or fencing shaU be cloam! from the site hy 5:00 p.m. The hoors the open air market is pennitt.ed to be open 10 the public is from 7:00 a.m. to 3:00 p.m. The applicant may request from the Zoning Administrator extension of the days to include Thursdays after ope year of operation from the opening day of sales. The Zoning Administrator may approve. deny or modifY the extension subject to appcaI to the Planning Conunission. 9. To the satisfaction of the Conservation Coordinator: .. Ensure a litter abatement, recycling and Not in compliance. trash disposal program that will eliminate any litter from leaving the facility and meet or exceed the 50% source reduction, reuse and recycling diversion goals mandated by the State of California. b. Provide an annual report of the solid Not in compliance. waste management plan each January for the previouscalendar year. c. Place refuse collection/enclosure Project site. Yes. and recycling areas within the d. Ensure the pickup of trash and litter Yes. within a three hundred (300) foot radius of the project site on a daily basis. 10. For the life of the open air market, review the Not applicable. consistency of actual operations with the operatiooaJ parameterS considered in the Initial Study (lS-97.03) and Special Use Pennit (SUPS.96- 08) with the Zoning Administrator, Police Department, Fire Department and Public Works Depanment on the anniversary date after the opening of operations. Said review shall be initiated by a report prepared by the open air market operator to the Zoning Administrator which shall address such issues as traffic impacts, adequacy of parking, ingress/egress, hours of operation, etc. The Zoning AdministraLOr shall, at his/ber sole discretion, determine whether or not the operations are materially consistent with the nature and intensity of the operational parameters used to evaluate the project in the Initial Study and Special Use Pennit If the operational profrle is deemed inconsistent and more impactive than originally expected, the Zoning Administrator may require review andlor modification of conditions via adcfuionaI environmental review andlor a fonnal modification to the Special Use Pennit CITY OF CHULA VISTA . . Applicant has not contacted the Conservation Coordinator to set up the required program. Applicant has not contacted the Conservation Coordinator to prepare fot the annual report. Conservation Coordinator has observed the required areas. !'\o evidence of trash issues in or around sileo Kat currently applicable as one year has not transpired since the opening of the swap meet. Mr. Joseph/Resolution 1523 ~ Condition of Approval P I I Page NO.4 11. Compliance/Status Explanation Prior to opening for operations, schedule a security Not in compliance. survey with the Cbula Vista Police Department, Crime Prevention Unit. and implement the suggestions of said survey in order to enhance security. Notwithstanding the implementation of the security survey. in the event crime andlor security becomes a problem, as indicated by incn:asc:d crime reports filed with the Chula Vista Police Department related to the open air market, Applicant shall retain. at Applicant's expense, a company who sha11 prepare a crime reductjon/security provision report for the operation of the open air market, to the satisfaction of the Chid' of Police. Said report shall address issues specified by the Chief of Police, and shall include recoIIlIDCQdations to enhance security and reduce crime. Said recommendations sbalI be implemaJ1cd to the satisfaction of the Zoning Administrator and the CWe( of Police. 12. Comply with and implement all requirements of the Yes. Fire Marsha] as related to CODfonDing with the Unifunn F"" Code and applicable Municipal Code requirements. 13. Provide appropriate access agreements and/or Yes. devices to the Project Site, to the satisfaction of the of the Fire Marshal. Such devices may include, but not be limited to. box boxes, break-away gates, etc. .... 14. Comply wih and implement all requirements of the No~ in compliance. Director of the Building and Housing Department as related to conforming with the Uniform Building Code. 15, Comply with and implement aU provisions related Not in compliance. to Title 24 (part 11), Disabled Access, to the satisfaction of the Director of Building and Housing. 16. Prior to opening for operations, pay all applicable Not applicable. fees to the Chuh!. Vista ElementarY School District and Sweetwater Union High School District, or participate in alternative financing mechanisms, to the satisfaction of each respective school district. 17. Comply vdth all City ordinances, standards, and Not in compliance. policies except as otherwise provided in this Resolution. Any violation of City ordinances, standards, and policies, or of any condition of approval of this Special Use Permit, or of any provision of the Municipal Code, as determined by the Director of PJanning, shall be grounds for revocation or modification of this Special Use Permit by the City ofChola Vista. 18. Execute me attached Agreement indicating that you Yes. have read. understand and agreed to the conditions of approval contained herein, and will implement same. ("'ITV n~ ("'UIII ^ \l1C'T^ The Police Department has stated that the Applicant has Dot scheduled a security survey with the Crime Prevention Section of the Police Department and therefore has not implemented any possible recommendations. . . Per memo of 6/2197 from Doug Perry, Fire Marshal, all FD requirements are either met or not applicable. Applicant has complied with this condition. Applicant has submitted for but not obtained a building permit for buildings on swap meet site. Landscape plan was part of this application. Coroments were made but no response to date. See attached Plan Check Correction list from the Building & Housing DepartmenL To date, no response bas been submitted. No clearance as of 5/29/97. See attached Plan Check: Correction list from the Building & Housing DepartmenL To date, no response has been submitted. These fees are not applicable as no pennanent stnlctures have been proposed or built. -Various illegal signs posted on days of operation and on days of no operation. -Clothing hung on westerly property line/fence. -Applicant has been selling used autos as part of swap meet operations without benefit of a use pennit. -Parking lot has not been improved as required. -Landscape plan has not been fmalized. -Building Pennit has not been fmalized. Completed 00 2/18/97. Mr. Joseph/Resolution ]523 "- Condition of Approval r Page No.5 19. Compliance/Statw: Explanation Not applicable at this time. This permit shall be subject to any and all new, Not applicable. modified or de1ctcd conditions imposed after approval of this pennit to advance a Jegitimate govcmmcntaJ interest related to health, safety or welfare which the City shall impose after advance written DoUce. to the Permittee: and after the City has given to the Permittee the right 10 be heard with regard thcrct.o. However. the City. in exercising this reserved right/condition. may not impose a substantial expense or deprive Permittee of a substan1ia1 revenue source which the Pennittee can not, in the normal operation of the use pennitted, be expected to economically ~ver. 20. This Special Use Permit sbalJ become void and Not applicable. ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 21. Pay all costs associated with implementing any of Not applicable. the above conditions of approval. 22. Operate this Special Use Permit for a period of Not applicable. eighteen (18) months from the date of approval by the Redevelopment Agency. after which time the approval for this Special Use Permit expires. 23. Any change to the operational proftle or any Not applicable. request for the extension or expansion of the use shall require approval ~a modification by the Redevelopment Agency of this Special Use Pennit and/or the Mitigated Negative Declaration issued for 15-97-03, and may =It in additional conditiom of approval and/or mitigation measures. 24. Applicant/operator shall and does hereby agree to Not applicable. indemniIY. protect, defend and hold hannless City. the Redevelopment Agency members, the City Council members. officers, employees, agents and representatives, from and against any and aU liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) Agency's approval and issuance of this Special Use Pennit, (b) Agency's or City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby. AppHcant'sIoperator's compliance with this provision is an express condition of this Conditional Use Pennit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. In light of Applicant's objection to the condition that a sidewalk be constructed along L Street, Applicant'sIoperator's obligations under this condition shall extend any liabilities with respect to persons or property arising, directly or.indirectly, from the conduct of Project vendors or customers on or around the Property, including within the public right-of-way, except to the extent caused by City's sole negligence or willful misconduct. CITY OF CHULA VISTA Not applicable as project was implemented within one year of approval. No City department has indicated that Applicant owes fees. The Project was approved on December 10, 1996. Time period has not elapsed. This will be considered jf Applicant wants to modii)' operations. This condition will only come into force if there is a legal action against the City resulting from its approval of the Project. r' j Mr. Joseph/Resolution 1523 Page No. 6 Each of the above conditions which are indicated as not being in compliance require immediate attention in order to avoid further action by the City to either modify the Special Use Permit or to schedule the matter for review and reconsideration before the Planning Commission and Redeve]opment Agency. Please note that, pursuant to Condition No. 18, you signed the agreement stating that you read, understood and agreed to the conditions of approval and would implement same. If you have any questions or you wish to have a follow-up meeting with the effected City departments, please contact the Community Deve]opment Department (Mr. Migue] Tapia, Community Development Specialist II, (619) 691-5291). Any questions for the Planning Department should be directed to Ms. Patty Nevins, Assistant Planner; at (619) 691-5105. Please respond within two weeks of this letter indicating a time frame during which you will implement those conditions with which you have not complied. In any case, please comply with aI] conditions within thirty (30) days. Sincerely, - ~ *nLee Assistant Director of Planning cc: Sid Morris, Assistant City Manager Chris Salomone, Director of Community development Bob Leiter, Director of Planning Glen Googins, Deputy City Attorney Brad Remp, Assistant Director of Bui]ding & Housing Patty Nevins, Assistant Planner Miguel Tapia, Community Development Specialist II M.J. Diosdado, Crime Prevention Specialist Gena Franco, Civil Engineer Michae] Meacham, Conservation Coordinator ,..,......., ,....~,..,..tI . ,,,.......... r CITY OF CHULA VISTA BUILDING AND HOUSING DEPARTMENT PLAN CHECK CORRECTION LIST 1994 CODE EDITION Activitv Number: Job Address: Date Reviewed: Plan Checker: ADDlicant: APDlicant's Phone #: B97~278 690 L STREET 2-20-97 SYED ALEEM CHERYL COX 585-7007 ! ~ PROJECT DATA: Project Description: UBC OCCUD3DCV TvDe: Tvpe of Construction: Proposed Square Feet: OFFlCE AND TOILET TRAILER FOR SWAP MEET R N/A N/A FORWARD: Add.rc&s items on attached sheet(s). Please be specific in your responses so that we may expedite your recheck. These itcmB arc. taken from a master checklist. omy those corrc:ctions shown arc applicable. This review is based on the: 1994 edition of the UBC, TIMC, UPC, TItle 24 (1995 Energy Standards and 1994 Disabled A=s roquiremenlB) and the 1993 edition of the NBC. NOTE: If cbang.. bave been made other than tho,e required by this review. indicate the extent of those changes. CORRECTIONS ARE REOUlRED TO BE MADE ON THE ORIGINALS (VELLUMS) AND THREE NEW SETS OF PLANS SUBMITTED FOR RECHECK. PLEASE ATTACH A COPY OF THE CHECKLIST. INDICATING THE LOCATION OF REVISIONS. PLEASE CONTACT THE PLAN CHECKER IDENTIFIED ABOVE AT (619) 691-5272 REGARDING OUESTIONS CONCERNING THIS REVIEW. TO SCHEDULE AN APPOINTMENT FOR A RECHECK. :~ GENERAL PLAN REOUI.REMENTS: 1. Show location of Handicapped Parking spaces. At least one space shall be Van Accessible. 2. Show location and details of Handicapped ramp to both to the office and toilet trailers. 3. Note on plans that, 'Office and Toilet trailers sha1l have California State approval seal'. 4. Show details of how office and toilet trailers are supported. Trailers shall be supported on pennanem approved foundations. 5. See attached sheets fOf details of Handicapped Parking space and also Handicapped Ramp. 6. Show location of parking spaces on site plan. How many parking spaces are you providing? 7. Obtain Electrical and Plumbing pennits in addition to Building pennits, 22. Approval from the Health, Planning, Engineering or Fire Departmem is required prior to pennit issuance. See attached correction sheets from Fire, P1anning, and Engineering Departments. 38. Provide details or specifications for required site improvements to comply with the Title 24 Disabled Access Regulations. This infonnation includes all ramps, curb ramps, walks, etc. for required path of travel. to the building entrance. END OF DOCUMENT I r . . ATTACHM:ENT 5 DISCLOSURE STATEMENT TH. OF CHULA VISTA D]SCLOSURE ~ You arc required to file a Slatement of Disclosure of certain owne~hip or financial interests, payments, or campaign contrihutions, on all malle~ which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following informapon must be disclosed: 1. List the names of all pe~ons having a financial interest in the property which is the subject of the application or the contra~~owner, applicant, contractor, subcontractor, material supplier. I;e Ttld r/o.rE/~ 2. If any person" identified pursuant to (1) above is a corporation or partnership,lisl the names of all individuals owning mo~e ~O% of the ~ in the corporation or owning any partnership inte~est i,n the partne~hip. p;~ 64. cYo.rt;:'~-i ' 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 Ihe non-profit organization or as trustee or bcneftciary or trustor of Ihe trust. ~ 4. Have you had more than S250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes_ NoLlf yes, please indicatc person(s): _ 5. Please identify each and every pe~on, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. (!jr-lIl ~ a ~/QJ'rJ~//17€v 6. Have you and/or your officers or agents, in the aggregate, contributed more than St,ooo to a Councilmembcr in the current or preceding election period? Yes_ No..,..6 If yes, slate whi~h Councilmember(s): Date: #; " . " (NOTE: Attach additioDal pages as ~ ~ . n re of contractor/applicant ...-- '/~To.-! r/oJE~4 Print or type name of c6ntractor/applicant . P~I is Mfuted tn" .. Atl)' indi,-idual, finn. co.parDlmhip, joinl venAIfC, as.sodal;OII, sotiDI club, frtumUJl orgollwnio,l, corporaliOlI, estate, IJ"Wt. recdlltf, syndiCale, dais IItId G11)' Dlht:r cowlI)'. city muJ 'owU7j~ city mwucipalil)', distric" or oIlier poliuca/ subdiviriml., or any oilier 60UP or cornbUun;OII tJcwag AI Q wW. ..