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HomeMy WebLinkAboutPlanning Comm Rpts./1999/07/14 AGENDA CITY PLANNING COMMISSION Chula Vista, California 6:00 p.m. Wednesday, July 14, 1999 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CALL TO ORDER ROLL CAWMOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE INTRODUCTORY REMARKS APPROVAL OF MINUTES: May 26, 1999 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: PCS 98-06; Tentative Subdivision Map subdividing Village One West of Otay Ranch, Sectional Planning Area (SPA One), into 783 lots. The Otay Ranch Company. Staff is recommending that the Planning Commission continue to public hearing to the regular Planning Commission meeting of July 28, 1999. 2. PUBLIC HEARING: Draft EIR 97-02; Consideration of comments on the San Miguel Ranch Draft Subsequent Environmental Impact Report (Third-Tier Draft SEIR) Staff presenting report: Barbara Reid, Environmental Projects Manager DIRECTOR'S REPORT: COMMISSIONER COMMENTS: ADJOURNMENT: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585-5647. California Relay Service is also available for the hearing impaired. H :\HOME\PLAN N ING\DIANA \PCAG EN DA. DOC MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, May 26, 1999 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROLL CAW MOTIONS TO EXCUSE: Present: Absent: Chair Willett, Commissioners Castaneda, Ray, Thomas, and O'Neill Commissioners Hall and Tarantino Staff Present: Jim Sandoval, Assistant Director of Planning and Building Leilani Hines, Community Development Specialist Glenn Goggins, Assistant City Attorney PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Willett APPROVAL OF MINUTES: MSC (O'Neill/Thomas) (4-0-3-0) to approve minutes of April 14, 1999 as submitted. Motion carried. MSC (Castaneda/Ray) (4-0-2-1) to approve minutes of April 28, 1999 as submitted. Motion carried with Commissioner O'Neill abstaining. ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: Consideration of a 38 percent density bonus increase and a reduction in the required parking for an 11 unit transitional housing development, known as Trolley Trestle, located at 746 Ada Street to be developed by South Bay Community Services. Background: Leilani Hines, Community Development Specialist reported that the applicant, South Bay Community Services, is requesting approval of a 38% density bonus and a reduction in the parking requirements to facilitate the construction of an 11 unit affordable housing development for young adults completing the County of San Diego Foster Care program. The project is located in the Southwest Redevelopment Area. The site is strategically situated in an area that is served by public transportation, the Palomar trolley stop, commercial centers, an elementary school, the County of San Diego Family Resource Center and a proposed day care facility. Therefore, it is staff's opinion that the site is appropriate for transitional housing and is compatible with surrounding land uses. Planning Commission Minutes .2- May 26,1999 On December 8, 1998, the City Council conditionally approved conveyance of this property for the fair market value of the property ($167,600) to South Bay Community Services for this project, but was conditioned based on their ability to obtain land use and environmental reviews and approval, as well as a firm commitment from all of their funding resources. The project will be owned and operated by SBCS, a non-profit organization. The project contains 11 units, a common room, and 12 parking spaces, and the purpose of the public hearing is to consider a 38% density bonus, going from 8 to 11 units, ten units which will be occupied by very low income emancipated foster youth, and one unit will be occupied by an on-site property manager. Additionally, the applicant is requesting a reduction in the parking requirements from 19 to 12 spaces (one parking space per unit plus one handicapped parking space) . Tentatively scheduled for June 8'h, the Redevelopment Agency and City Council will be considering a request for financial assistance approving a loan to the applicant for $300,000 to meet the remaining financing of the project. State density bonus law states that if a developer decides to designate a portion of their units as affordable to low or very low income households, that Cities have the responsibility of either providing a minimum 25% density bonus and at least one additional incentive, or make a finding that it is not required, or as an alternative provide financial incentives to the developer. Staff feels that the applicant's requests are justified in that the proposed land use is compatible with surrounding land uses, all of the units will be restricted to extremely low income, and it meets the housing needs priority for the City. The restrictive 55-year term of affordabiI ity exceeds the minimum 30 years under State law. The reasoning for this is that typically many of the funding sources require a 52 to 55 year term of affordability. The City's standard practice when financially participating in a project is to require a 55-year term of affordability. The security of the City and Agency investment is to execute a housing cooperation agreement for the density bonus and incentives which acts as a regulatory instrument to ensure that these units remain affordable for the specific period of time. A Disposition and Development Agreement (DDA) will be executed for the City and Agency loans, which governs the development and use of this project. The DDS would also incorporate the density bonus and design plans and would address the conversion of these units to market rate family housing. Because of the City's financial participation, it would always be required that this remains a low- income project. It may be able to go to family housing rather than transitional housing, but it would require approval by the City and the Agency and there would need to be a public hearing. Commissioner Castaneda asked if any tax credit sales were involved with the project. Ms. Hines stated that this project would be completely financed through the City Agency participation, County of San Diego, HOME funds and State funds and there would be no tax credits. Planning Commission Minutes - 3 - May 26, 1999 Chair Willett asked if the City is imposing a performance bond in case the developer defaulted. Glen Goggins stated that in past dealings with for-profit developers, the City has required a performance bond for the larger multi-family projects to secure performance and typically tax credits are sold. Ms. Hines stated that a performance bond has not been required for this project because the funding sources are firm commitments; they are loans and there will be no debt service on these loans. If in the future it were to convert to a low-income family housing project, the City might be able to receive residual receipts from the project. However, as a facility for a near homeless youth population, the likelihood of receiving residual receipts is very unlikely. At the end of the term of affordability, the loan will become due and payable. At that time, it would be expected that it would convert to market-rate housing. Commission Discussion: Commissioner O'Neill expressed concern and stated his reluctance in supporting a density bonus and parking reduction, thereby creating a legal non-conforming use at the end of the 55-year term of the loan. Glen Goggins stated that the DDA and the Housing Cooperation Agreement would include a provisions that would require appropriate permitting, approval and public hearing before any conversion can be approved. Commissioner O'Neill stated he would like to see language that would require it meet the current standards for multi-family occupancy in terms of all life amenities. Commissioner O'Neill asked for a breakdown on the occupancy. Ms. Hines responded that the developer will address those requirements. However, the City's standard agreement provides for a maximum allowance of two people per bedroom. Commissioner Thomas stated that in his opinion the City's financial participation, in essence, is a gift and questioned the appropriateness of the use of these funds for this particular project. Public Hearing Opened 7:15 Chris Moxem, South Bay Community Services, responded to questions and addressed Commissioner O'Neill's question by stating that the 1 bedroom unit will be for one adult with the capability of having 1 small child. The 2 bedroom unit will be occupied by two same-sex individuals (one person per bedroom). Commissioner O'Neill expressed concern with the transitioning period extending beyond a two- year limit, and asked what, if any, disincentives there are for not allowing a single parent with one child from having another child thereby requiring that she be moved into a two-bedroom unit. Planning Commission Minutes .4. May 26, 1999 Mr. Moxem responded that each resident will have a case manager who will be working with them to develop short and long-term goals. If a single parent were to have more than one child, they would be moved to a two bedroom unit if one were available, otherwise SBCS would assist them in finding living arrangements elsewhere. Mr. Moxem further stated that SBCS's mission is to work with individuals towards self-sufficiency and it would be defeating their mission to see people, such as those who will be residents of this project, remain stagnant in their self-development and become permanent residents of this faci I ity. Commissioner O'Neill stated that his experience and observation has been that these types of projects require high-maintenance and asked who is going to maintain the property to ensure its safety and up-keep. Mr. Moxen responded that they have solicited and are securing funding through private grants and foundations for this very purpose. Commissioner Castaneda stated that although he agrees with a number of Commissioner O'Neill's comments, he reminded the Commission that the financial aspects of this project are not within the Commission's purview and lies solely within the Redevelopment Agency and City Council. The money that the City is intending to use for the project is Low and Moderate Housing funds, which can only be used for this type of purpose. Commissioner Castaneda asked how long ago did the City acquire this property. Mr. Goggins responded that the property was purchased from a private property owner approximately four years ago with the expectation that it would be developed into a community serving purpose such as housing and/or child care facility. Commissioner Castaneda stated that in his opinion the proposed land use is aligned with the City's intent for this property. However, he expressed concern with not having a clear requirement establishing a finite time period that residents are allowed to stay. It needs to be clear that this is strictly transitional housing for a period not to exceed two years. Commissioner Castaneda asked what, if any, requirements or restrictions would be imposed under the development agreement with respect to changing the nature of occupancy, for example, from transitional housing for post foster care children, to drug rehabilitation or other "near homeless" population. Ms. Hines responded that the language in the DDA states that they will be allowed to use this property for transitional housing for post foster care children or other needed transitional housing programs, which could include other near-homeless populations. A conversion to another use would only be allowed if it could be demonstrated that the need no longer exists, or there are no funding sources for this type of use. A conversion to family housing would require approval from the City and would go through the public hearing process. Planning Commission Minutes - 5 - May 26,1999 Commissioner Castaneda stated since bringing this project into fruition is a joint effort by various jurisdictions because of the funding and land gift; who would be the owner of this project should SBCS cease to exist. Ms. Hines stated that the City would have a lien on the property for $167,000 and would be in a first priority position. Chair Willett stated that it was his understanding that the County conducts annual or bi-annual reviews of transitional facilities similar to this, and recommended that the City request to receive a copy of the report, if it does not al ready receive it. Glenn Goggins stated that the typical Agency loans are structured with some prospect for repayment out of project residual receipts. Whether or not there will be residual receipts depends on whether the project has any income generating capacity and what the other funding sources are. There is always a prospect of repayment on loans, which are secured by a Deed of Trust, but there is no guarantee that the City will be repaid. The specifics of this project are presently being worked out and finalized. Although the financing of the project is not under the Planning Commission's jurisdiction, it will be part of the overall packet that will be considered by the Redevelopment Agency when they are asked to render the final commitment to the project. Commissioner Ray asked if any of the developers in the eastern territory were approached to ask them to fund this program and receive credits for their units of affordable housing. Ms. Hines responded that they did not approach any developer to receive credits for their inclusionary housing. She further stated that the City's obligation is not only to provide for affordable housing through the inclusionary housing requirement, but to go beyond the inclusionary housing requirement to meet the City's larger affordable housing goals. The City actively looks for other projects that may not necessarily fit the inclusionary housing program, but do meet our other affordable housing goals. Mr. Goggins also commented that the intent of the inclusionary housing requirements is to develop affordable housing within the development and not to look to other areas of the City to provide for such housing so that a balance of housing for all economic groups is provided throughout the City. Public Hearing Closed 8:30. MSC (O'Neill/Castaneda) (5-0-2-0) that the Planning Commission adopt the Second Addendum to Negative Declaration 15-93-07B and adopt resolution recommending that the City Council and Redevelopment Agency approve the requested 38 percent increase in density and deviations from the parking requirements based on the findings and subject to the conditions contained in the draft City Council and Agency resolution, and include the following recommendations: 1. That at such time a change in use is approved or at the end of the 55-year term, the project would have to meet the then current zoning standards or receive approval of a variance Planning Commission Minutes - 6 - May 26, 1999 from such standards. 2. That there be a time-certain, not to exceed two years, that a resident may live on premises, except in limited circumstances as deemed appropriate by SBCS. 3. That staff be able to review and approve an operating plan and regulations for residents; and 4. That any variation in use during the 55 year period from that of transitional post foster care program children would require approval by the Planning Commission and a public hearing. 5. That the City receive on an annual basis or when published a report from the County of San Diego Children Services Bureau regarding an evaluation of programs and services provided by the Project and any follow up of former foster care youths residing or having resided at Project. Motion carried. DIRECTOR'S REPORT: COMMISSIONERS COMMENTS: The Commission expressed a desire to have a workshop on affordable housing. ADJOURNMENT at 8:45 p.m. to the Planning Commission meeting of June 9, 1999. Diana Vargas, Secretary to Planning Commission PLANNING COMMISSION AGENDA STATEMENT Item: 1 Meeting Date: 07/14/99 ITEM TITLE: Public Hearing: PCS 98-06; Tentative Subdivision Map subdividing Village One West of Otay Ranch, Sectional Planning Area (SPA One), into 783 lots. - Applicant: The Otay Ranch Company. The Otay Ranch Company has applied to subdivide Village One West into 783 lots on 294.3 acres ofland west of Pas eo Ranchero in Otay Ranch, Sectional Planning Area One Plan (SPA One). The application proposes 693 single-family residential lots, a 5-acre neighborhood park, a to-acre elementary school site, right-of-way reserved for the future MTDB LRT Trolley System, and open space uses. The Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the Otay Ranch GDP Program EIR 90-01, SPA Plan, EIR 95-01, Subsequent EIR-97-03 and other related environmental documents, and that the subdivision project would not result in any new environmental effects that were not previously identified, nor would the proposed subdivision result in a substantial increase in severity in any environmental impacts previously identified. RECOMMENDATION: That the Planning Commission continue the public hearing to the Regular Planning Commission meeting ofJuly 28,1999 BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable PLANNING COMMISSION AGENDA STATEMENT Item: ~ Meeting Date: 07/14/99 ITEM TITLE: Public Hearing: Draft ErR 97-02; Consideration of comments on the San Miguel Ranch Draft Subsequent Environmental Impact Report (Third-Tier Draft SEIR) The public hearing on the San Miguel Ranch is intended to solicit comments from the Planning Commission and the public on the Draft SEIR. The Draft SEIR began public review on May 28, 1999. The State Clearinghouse 45-day review period ends on July 11, 1999. City of Chula Vista procedures require the Planning Commission to hold a public hearing to receive public comments on the Draft SEIR. The Draft SEIR public review period ends with the closing of the Planning Commission public hearing. ISSUES: The following impacts were identified as significant and not mitigated to a level below significant in the Draft SEIR: . Biological Resources (Project and Cumulative) . Landform and Visual Quality (Project) . Transportation (Project and Cumulative) . Air Quality (project and Cumulative) Impacts to the additional following areas will be reduced as a result have proposed mitigation measures: . Noise . Specific Public Services and Utilities (Water, Sewage, Police Protection and Fire Protection) . Parks, Recreation and Open Space . Cultural Resources . Paleontological Resources RECOMMENDATION: That the Planning Commission conduct the public hearing on the Draft SEIR (EIR 97-02), close the public hearing and public review period and direct staff to prepare the Final EIR including: mitigation monitoring report, responses to the comment letters received to date and testimony at the public hearings, Findings of Fact and Statement of Overriding Considerations. Item: Page 2, Meeting Date: 07/14/99 BOARDS/COMMISSION RECOMMENDATION: As there was not a quorum at the Resource Conservation Commission (RCC) meeting of June 28, 1999, the RCC's discussion of the above cited report has been scheduled for July 12, 1999. Their action will be reported at the dais on July 14, 1999. The San Miguel Ranch Citizens Advisory Committee met (SMRCAC) on June 17, 1999 and July 8, 1999 to discuss the Draft SEIR. The draft minutes of the June 17, 1999 meeting are attached. (Attachment 1) Comments of the SMRCAC from their meeting of July 8, 1999 generally are concerned with traffic and drainage. A memorandum detailing their specific concerns will be presented at the time of the public hearing or before. A member of the SMCAC also presented a petition signed by residents of the Estancia community requesting that the school be moved. This petition will also be presented at or before the public hearing. DISCUSSION: A. Background This document is a "Subsequent ErR" and a Third-Tier ErR, which means that it is tiered off previously, certified ErRs. The GDP/Amended GDP ErR was prepared as a "Program" EIR. Typically, in a tiering process, a "first tier ErR" addresses the broad environmental issues affecting a large physical area associated with a proposed program, plan, policy or ordinance. Successive tiers address project impacts. The first EIR for this project, EIR 90 - 02, which analyzed the impact of developing 357 lots on the Northern Parcel and 1,25710ts on the south parcel, was certified in 1993. Two Addenda were prepared to that document. The first evaluated the environmental effects or refinements to the proposed land use concept. A second Addendum incorporated additional changes to the Plan and mitigation measures for impacts to biological resources. In 1996, Emerald Properties, the former project applicant, redesigned the project and a second EIR; EIR 95-04 analyzed the impact of an Amendment to the GDP and General Plan amendments. EIR 97-02 is intended to provide the additional project level analysis necessary for the City Council to make an informed decision on (Trimark), the applicant's proposed SPA Plan and tentative map. B. Project Description San Miguel Ranch was initially comprised of two parcels: the 739-acre South Parcel and the 1,852-acre North Parcel. Revisions to the plan included development only on the south and conservation of the North through a Mitigation Bank. As part of this project, Trimark will contribute 166 acres on the south to the Mitigation Bank on the north. North Parcel. In 1997, the resource agencies and Emerald Properties entered into a Conservation Bank Agreement, which, in effect, preserved the North Parcel as a mitigation bank. As part of the Item: Page 3, Meeting Date: 07/14/99 agreement regarding preservation of the North Parcel, the development potential for the South Parcel was modified to allow increased density. This is reflected in the adopted GDP development footprint as previously approved by the City. The USFWS purchased a 500-acre portion of the North Parcel and established an ecological reserve. Other developers may purchase mitigation credits to comply with their mitigation mandated by enforcement of the Endangered Species Act from the "San Miguel Conservation Bank". The North Parcel is not being proposed for annexation as part of the proposed action; however, an alternative is included which would annex the North Parcel into the City of Chula Vista while maintaining its ecological reserve status. This is reflected on the adopted GDP development footprint as previously approved by the City. South Parcel The Draft SEIR evaluates the impacts associated with the development of the southern parcel providing a master planned residential community with a variety of residential densities including 344.1 acres of low, low-medium, medium and medium high density residential development totaling 1,394 dwelling units. The remainder of the plan includes 260 .7 acres of open space, 13 acres of commercial uses and 15.6 acres of institutional uses, 3.6 acres of community services as well as easements, 21.6 acres of a community park, a neighborhood park and circulation uses. Discretionary approvals that will be necessary to complete the SPA Plan process are: 1. Approval of the SPA Plan; 2. Approval of Tentative Map (s); 3. Annexation to the City of Chula Vista ;and 4. Approval of Streambed Alteration Agreement by CDFG C. Analysis The SEIR analyzes all of the issues identified in the Notice of Preparation (NOP) to determine whether a potentially significant impact would result. Based on that analysis, the SEIR identifies the project-specific and cumulative environmental impacts that would result from implementation of the proposed project. With respect to cumulative impacts, the SEIR identifies the project-specific and cumulative environmental impacts that would result from implementation of the proposed project. With respect to cumulative impacts, the SEIR considers whether such impacts would result even where no significant project-specific impact would result. The SEIR takes such an approach because cumulative impacts may result under CEQA where incremental project-specific impacts less than significant when considered in isolation, but cumulatively significant when considered against similar incremental impacts resulting from other past, present, and reasonably foreseeable future projects. In such cases, proposed projects are said to result in cumulative impacts if the incremental project-specific impact is "cumulatively considerable" when compared to the impacts resulting from other similar projects. Item: Page 4, Meeting Date: 07/14/99 Biololdcal Resources/Proiect aud Cumulative The previous EIR for the GDP/GPA identified impacts to sensitive plant communities, including 6 acres of dry marsh/wetland, 154 acres of Diegan coastal sage scrub and 330 acres of annual grassland. 200,000 individual Otay tarplants that were detected during 1991 surveys would be impacted by the development of the SPA Plan. In 1998, surveys in a more optimal year indicter two million Otay Tarplant. Significant impacts would occur due to the direct impacts to the habitat of various wildlife species. Large carnivorous mammals such as mountain lion, bobcat and fox could be reduced due to increases in human activity and loss of habitat. The bobcat would probably be most affected because this species currently uses the property. Reductions of habitat for this species are considered significant. Coastal cactus wren and five other sensitive upland bird species were detected on site. The displacement of these species by development is considered significant based on an updated survey; marsh/wetland impacts are reduced over those previously reported. Additionally, the previous EIR also identified approximately 11 to 12 pairs of California gnatcatchers that would be affected by the development on the South Parcel measures. Mitigation measures that were identified in the previous EIR to reduce impacts to the above sensitive plant and animal species include: . Dedication of approximately 231 acres of open space and the establishment ofa 2 I-acre Otay tarplant preserve within the South Parcel; . No net loss of wetland habitat as required by CDPG and ACOE; . Incorporation of the following measures at the SPA Plan level, which are included in this section: Hydroseeding of graded areas and development of revegetation plan Use of non-invasive plants in landscaping areas; No grading activities within 200 feet on areas of identified California gnatchers during breeding or nesting season; and Restriction of site preparation activities to areas not being placed in open space. EIR 97-02 in its evaluation of the potential impacts of the proposed SPA Plan on biological resources in the South Parcel included a recent survey for the federally-listed Quino checkerspot butterfly, updated wetland delineation and federally-threatened Otay tarplant survey. Mitigation measures for SPA Plan-related impacts that would partially reduce impacts to the identified biological resources included in EIR 97-02 are: Item: Page 5, Meeting Date: 07/14/99 . The applicant must receive "take" authorization before any impacts occur to threatened or endangered species. The applicant will also be required to prepare a Management Plan for the Otay Tarplant preserves prior to approval of any grading permit adjacent to the OS-I, OS-3, OS-7, planning areas. . Grading areas along roadways shall be hydroseeded with native plant species consistent with surrounding natural vegetation to help minimize erosion and runoff and to improve the area aesthetically. . Use of non-invasive plants in landscaping areas adjacent to open space. . Grading activities within 200 feet of areas of identified coastal California gnatcatcher pairs or their associated coastal sage scrub habitat shall not be conducted during the breeding or nesting season (March I through August 15). . Restriction of site preparation activities to areas not being placed in open space. Important to determining the level of significance of Biological impacts is the following. The Conservation Bank Agreement requires that 146 acres of open space, containing significant populations ofOtay tarplant, be maintained on the South Parcel and 166 mitigation credits be obtained from the San Miguel Mitigation Bank (North Parcel). "Mitigation Banks" are contiguous areas of land that the Resource Agencies have approved for preservation. Developers may purchase "mitigation credits" from the Mitigation Bank allowing the developer to develop their land in spite of the sensitive resources on the land. The proposed Mitigation Bank is a large expansive area that will ultimately be under the long-term protection of the U.S. Fish and Wildlife Service. This project will contribute to the ultimate fulfillment ofthe Mitigation Bank by providing 166 acres. The Conservation Bank agreement was acknowledged within the final rule published in the Federal Register that granted threatened status to the Otay tarplant. Therefore, providing all the conditions of the Conservation Bank Agreement are satisfied, a jeopardy opinion under the Federal Endangered Species Act would not occur and the "take" of the Otay tarplant, which would result from the proposed project, would be authorized. A jeopardy opinion is an opinion that development of a project would jeopardize the continued existence of a particular species. Analysis of such impacts under CEQA and take effectiveness and feasibility of habitat- oriented planning under the State and Federal Endangered Species Act to fully mitigate impacts on listed species, has been the subject of recent litigation. The analysis of significance and the proposed determinations set forth in this EIR reflect recent case law. In light of the recent court decisions, the mandatory finding of significance for listed species in the CEQA Guidelines can be construed to require lead agencies to find that the net loss of species listed under the State and Federal Endangered Species Acts, or its habitat is a Item: Page 6, Meeting Date: 07/14/99 significant, unmitigable impact under CEQA. Such an approach may also be appropriate absent further clarification regarding the issue from the Legislature or the courts. Landform and Visual Quality Visual simulations of the existing and proposed conditions have been prepared. The development of natural open space with residential development on the South Parcel would alter views to the site from the south, west, east and northwest of the proposed project. The overall visual impact of introducing homes is not considered to be significant as the City has designated this area for some form of residential development. Views to Mother Miguel and the San Miguel Mountains from a short portion of East 'H' Street that extends through the southemmost tip of the San Miguel Ranch grading and development would modify project associated with the proposed project. The mountains would continue to be in the background view; however, the foreground view would change from hillsides and landforms dominated by natural vegetation to residential development characterized by landscaped manufactured slopes, ranging in height from 50 feet to about 100 feet and single-family residences. The impacts to scenic roadway views from this portion of the proposed project are considered to be significant even though the SPA Plan includes measures to minimize the impacts such as: . the rounding ofthe landform as much as possible, . the use of vegetation to simulate a contour landform, . the use of landscaping techniques to create the effect of a horizontally and vertically undulating slope terrain, . use of native and naturalized plant species to provide a subtle blending between manufactured and natural slopes, . use of contour grading in some of the setback areas outside of the right-of-way along Mount Miguel Road to reinforce the parkway character of the roadway, and the use of curvilinear streets and slopes to conform to the existing topography. No further mitigation measures are available or feasible beyond those incorporated into the project design, which could avoid the impacts to landform alteration and visual quality. Transportation For the Year 2000, the significant cumulative impacts (such as unacceptable levels of service of roadway segments), that will occur to freeways, arterial roadways, and intersections are listed as follows. . Significant cumulative impacts to freeway SR-54: - Reo Drive to Woodman Street Item: Page 7, Meeting Date: 07/14/99 - 1-805: SR-54 to East 'H' Street The mitigation for the same is the development of a Cal- Trans deficiency plan for SR-54 and 1-805. . Significant cumulative impacts to arterial roadways: - Briarwood Road: SR-54 to Sweetwater Road - Corral Canyon Road; Central Avenue to Country Vistas Lane - Central Avenue: Bonita Road to Corral Canyon Road - East 'H' Street: 1-805 to Hidden Vista Drive. . Significant cumulative impacts to intersections: - Briarwood RoadlSR-54 westbound ramps Mitigation, which would fully mitigate performance, includes proposed improvements to Briarwood RoadlSR-54 WB Ramps. For the Year 2005 without SR-125, the significant cumulative impacts include the following: . Significant cumulative impacts to freeways: - SR-54: 1-805 to Woodman Street - SR-54: Briarwood Road to Paradise Valley Road - SR-54: Jamacha Road to Ildica Street - 1-805: SR-54 to Telegraph Canyon Road Mitigation requirements include development of a deficiency plan for SR-54 and 1-805. . Significant cumulative impacts to Arterial Roadways include: - Briarwood Road: SR-54 to Sweetwater Road - Corral Canyon Road: Central Avenue to Country Vistas Lane - Otay Lakes Road: Bonita Road to Avenide del Rey - Otay Lakes Road: East 'H' Street to Telegraph Canyon Road - Bonita Road: Palm Drive to Central Avenue - San Miguel Road: Bonita Road to Proctor Valley Road - Central Ave: Bonita Road to Proctor Valley Road - East 'H' Street: 1-805 to Hidden Vista Drive - Otay Lakes Road: Telegraph Canyon Road to Rutgers Avenue Item: Page 8, Meeting Date: 07/14/99 Even though several roadway segments and intersections are forecast to be impacted under this scenario, mitigation is deemed unnecessary because all roadways and intersections resume acceptable levels of service after opening the SR-125 tollway. For Year 2005 With SR-125 Significant Cumulative Impacts include: . Significant Cumulative Impacts for Freeways: - SR-54: 1-805 to Woodman Street - SR-54: SR-125 to Ildica Street - SR-54: SR-54 to Telegraph Canyon Road Mitigation is the development of a deficiency plan for SR-54 and 1-805. For Year 2010 (Project Buildout) With SR-125 . Significant Project Related Impacts and Cumulative Impacts will occur to Freeways: - SR-54: 1-805 to Woodman Street - SR-54: SR-125 to Ildica Street - 1-805: SR-54 to Telegraph Canyon Road Certain freeway segments are impacted under CMP guidelines, although they carry a low percentage of project traffic. Mitigation is the development of a deficiency plan for SR-54 and 1- 805. Evaluate widening 1-805 to 10 lanes. Significant cumulative impacts to arterial roadways include the possible widening of Otay Lakes Road: Otay Lakes Rd.: SR-125 to Eastlake Pkwy. Mitigation requirements include possible widening ofOtay Lakes Road between SR-125 and Eastlake Parkway to eight lanes. Full Southbay Buildout Project related significant impacts and significant cumulative impacts are as follows: . Freeways - SR-54: 1-805 to Ildica - SR-125: SR-54 to Olympic Parkway 1-805: SR-54 to East 'H' Street . Significant Cumulative Impacts to Arterial roadways include: - Proctor Valley Road: San Miguel Road to Mt. Miguel Road Item: Page 9, Meeting Date: 07/14/99 - San Miguel Road: Bonita Road to Proctor Valley Road - East 'H' Street: 1-805 to Hidden Vista Drive - Otay Lakes Road: SR-125 to EastLake Parkway. Mitigation requirements - Certain roadway segments are forecasted to require improvements due to cumulative traffic impacts. Recommendations made in this chapter could fully mitigate these impacts and return these facilities to acceptable levels of service. Within the project boundaries in the City of Chula Vista, and per the City's Circulation Element, there will be no significant impacts. However the traffic from the project may reduce the level of service on County streets. There is not a guarantee of the County improving County streets. Therefore, the project has both a project specific and cumulatively significant impact. Air Quality Project-related air pollutant emISSIOns from both mobile and stationary sources during construction and operation would exceed significance thresholds. Mitigation Measures include the following Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction. Disturbed areas shall be hydroseeded, landscaped or developed as soon as possible and directed by the City to reduce dust generation. Trucks hauling fill material shall be covered. To control dust raised by grading activities, the graded area shall be watered twice a day. Public Services and Facilities Water, sewage, police protection, fire protection and emergency medical services have been mitigated to a level below significance. Mitigation measures for the specific utilities are as follows: Water . Submittal and approval of a Water Master Plan, which requires identification of the location and sizing of specific facilities: and, . Preparation of a Water Conservation Plan to be submitted with the SPA Plan. Sewal!e . Submittal and approval of a Wastewater Master Plan, which requires identification of the location and sizing of sewage facilities; and, . Payment of wastewater development fees. Item: Page 10, Meeting Date: 07/14/99 Police Protection . Payment of proportionate share of the funding for police protection facilities. Fire Protection . Payment of a proportionate share of the funding for fire protection facilities; and, . Implementation of an acceptable brush management plan, which will be submitted with the SPA Plan. Emereencv Medical Services Provision of a second access road to the North Parcel if the North Parcel is annexed to meet the response time. Schools The developer has indicated a willingness to satisfY the requirements of the School Districts. Developers letters to the Chula Vista Elementary and High School Districts are enclosed. (Attachments 2 and 3). Recent legislation, S.B.50 precludes the Districts from mitigation. In 1998, the Legislature adopted S.B. 50 and, with the Governor's approval, enacted significant amendments to provisions in the Government and Education Codes related to developer fees for school impacts. The bill reformed methods of school construction financing in California by, among other things, requiring local school districts to fund at least 50% of the cost of new school construction and eliminating the ability of cities and counties to impose school impact fees in excess of state-mandated limits. In fact, provisions enacted pursuant to S.B. 50 set forth the "exclusive methods of considering and mitigating impacts on school facilities" resulting from any state or local development project. (See Gov.Code 65996, subd). (a)) Accordingly, cities and counties are now prohibited by law from imposing development requirements related to school facilities in a manner inconsistent with the exclusive rnethods set forth in the provisions enacted by S.B. 50. Indeed, with the passage of S.B. 50, the statutory authority to impose "School impact fees" or "development impact fees" lies mainly with school districts, not cities or counties. D. Alternatives The following alternatives were analyzed: 1. No Proj ect Under this alternative, the San Miguel Ranch would remain in its existing undeveloped condition. As no development would occur, none of the project specific environmental effects identified in this EIR and in previous EIR analyses would occur. However, none of Item: Page II, Meeting Date: 07/14/99 the commitments to permanent preservation of significant natural open space within the South Parcel and 166 acres of the North Parcel would be required to be implemented. This alternative would not be consistent with the City's General Plan that designates the project area for future urban development nor with the adopted Amended GDP. 2. Existing County Land Use Alternative Under this alternative, the project area would be developed under the County's land use jurisdiction. Under the Existing County Land Use Alternative, the project site would be developed according to the Specific Planning Area classification, which allows development of 0.28 dwelling units per gross acre. Based on the residential density allowed on the project site, which occupies approximately 738 gross acres (South Parcel), a maximum of 206 dwelling units could be developed on the South Parcel. However, since the North Parcel has been established as an ecological reserve/conservation bank, the County of San Diego procedures allow for a residential density transfer from the North Parcel to the South Parcel. This is substantially less (669) units than the maximum number of units proposed under the SPA Plan. Consequently the substantial reduction in residential density on the project site would result in the corresponding reduction in land use impacts, traffic generation of approximately 7,824 daily trips, air emissions, noise and demand for public services and utilities. The roadway impacts under this alternative are similar to those identified for the proposed SPA Plan. The applicant has indicated that this alternative is not feasible due to the costs of the infrastructure improvements and off-site mitigation. 3. Reduced Grading Alternative Under this alternative elements of 5 communities, the Community Park, Mount Miguel Road, and the Elementary School Site would need to be redesigned to reduce the grading. This would require an amendment to the General Development Plan and General Plan Amendment. The applicant has not selected this alternative due to the anticipated significant reduction in the number of dwelling units. The costs associated with the construction of the infrastructure and off-site mitigation requirements make this alternative infeasible. 4. North Parcel/Otay Water District Parcel Annexation Alternative Under this alternative the Northern Parcel would be annexed to the City. No development would be proposed, and the North Parcel would retain its current designation as an ecological reserve included within the Otay-Sweetwater Unit of the San Diego National Wildlife Refuge. If annexation of this parcel is ultimately approved, the physical link between the South Parcel and the North Parcel would be provided. At the time of this staff report was written, the decision of whether to annex the North has not been made. E. Public Comments Two comment letters have been received to date. These are attached. They are from LAFCO and the Chula Vista Elementary School District. (Attachments 4 and 5) ~c~'"""'" \ SAN MIGUEL RANCH SECTIONAL PLANNING AREA PLAN (SPA) CITIZENS REVIEW GROUP MEETING NO. 10 (June 17, 1999) MINUTES Ed Batchelder called the meeting to order at 6:00 p.!Il. PRESENT: Members: Uwe Wemer, Ron Speyer, Ray Ymzon, Warren Oakland, GeOljean Jenson, Phil Gaughan and Allison Rolfe ABSENT: Members: Barbara Gilman; Alternates: Toni Ingrassia, Ernie Schnepf, Joanne Malcolm, and Judy Tieber. STAFF: Ed Batchelder, Jlarbara Reid, Ricbard Zumwalt - Planning and Building Department, Frank Rivera - Engineering Department GUESTS: Ann Gunter - Lightfoot Planning Group, Skip Harry - Trimark, Betty DehOlley - P&D Environmental, Ralph Munoz - County of San Diego Department Of Public Works, Bob Goralka - County of San Diego Public Works, Don Jenson, John Hammond - Sweetwater Community Planning Group. APPROVAL OF MINUTES: The meeting minutes of March 18, 1999 were approved unanimousJy without changes. 1. DISCUSSION OF ANY GROUP QUESTIONS ON TOPICS FROM THE MARCH 18, 1999 MEETING (GROUP ISSUES AND RECOMMENDATIONS). There were no questions or comments regarding the previous rneeting. 2. PRESENTATION AND DISCUSSION OF THE PROJECT'S DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT. Barbara Reid presented an overview of the framework of the Draft Subsequent Environmental Impact Report (DSEIR) including the following information. There have been two prior EIRs for this project .The dates of certification of the prior EIR's were provided, as were brief project descriptions. The above cited EIR is a Third Tier EIR. In a tiering process, a "first tier" EIR addresses the broad environmental issues affecting a large physical area associated with a proposed "program, plan, policy or ordinance." Successive tiers address Project impacts DSEIR 97-02 EIR is a project level document that incorporates the prior EIR by reference. An ErR is a disclosure document. It discloses the potential impacts of the development of a project. If members of the SMR Citizens Review Group disagree with the technical analysis in the report then that concern should be brought up. ~_.__._..,._---' SMR-SPA-CRG Minutes 2 June 17. 1999 Betty Dehoney, the City's EIR consultant, presented a Swnmary of Impacts on a Project Specific and Cumulative basis. She explained the difference between a "project specific impact" and a "cumulative impact". Ouestions and Concerns bv the Membership about the issues presented included: . Does the City monitor enforcement of mitigation during the grading process? -- City hires specialist in some areas, and uses City staff in other areas. . Will the developer construct fences, and will they repJace existing owner's fencing adjacent to Jonel Way properties? Staff will ensure that the developer constructs any required fencing. Ann Gunter, representing Trimark, does not know if the project will be affecting any existing fences yet Ed Batchelder indicated that as a basic requirement, existing fences will remain unless the owner's desire replacement through negotiation with the project applicant. . Is traffic data outdated? No. March 1998 BRW study was determined to be acceptable for SEIR public review. It uses SANDAG Series 8 Forecast, which is acceptable. . The City seems to approve more and more development just to capture revenue. Fiscal Impact Analysis shows minor net fiscal loss to City in the long run as a result of this project. Distances between properties with horses in the County and the proposed development Alison asked if property owners in the Jonel Way area who keep horses on their property within 200 feet of the project site will be required to move the location of their horses? She also stated that a project in the Cannel Mountain Ranch area of San Diego was redesigned to allow for existing horses to remain. Barbara Reid responded that she would speak with County staff regarding the matter and report back at the next meeting. Bob Goralka of the County Department of Public Works suggested that the County Health Department be contacted about this matter. SMR-SPA-CRG Minutes 3 June 17. 1999 Traffic Impact from Schools Phil stated he felt the EIR did not address the problem of excess traffic around the school site would result in traffic being backed up onto residential streets in the Estancia subdivision. Phil indicated that the Estancia residents have signed a petition that requests that the school be moved north away ITom Proctor Valley Road, farther into the project site. They are concerned with the impacts that "drop-off" and "pick-up" traffic may have to their neighborhood with the school site entrance on Proctor Valley Rd. Ed indicated that he has made the elementary school district aware of this concern, and that he will arrange to have Dr. Lowell Billings attend a future meeting to discuss the issue. Barbara Reid responded that site-specific traffic patterns could not be analyzed in the ElR without a site plan, and that the School District would do their own Environmental Analysis of the site. Traffic . Ray Yrnzon indicated that the EIR should conclude that traffic impacts will be significant. He felt that to find otherwise would be incorrect. Drainage . Was the 100-year flood used as a model to study flooding? -- Yes. . Are the detention basins just going to prolong the duration of flooding? The increase in duration is insignificant because it amounts to a matter of a few minutes of additional flow. . What is peak flow? What happens when the detention basins fill up and overflow due to rainfall . that is longer or larger than anticipated? -- The standard used for the drainage study is the 100-year flood. The project has complied with this, and proposed facilities to address this level of impact. Staff will provide more information on the definition of the lOO-year flood and how it is modeled (lOO-year flood runoff co-efficient). 3. REVISED MEETING CALENDAR Ed Batchelder reviewed the revised meeting calendar (6/11/99) distributed tonight. The calendar reflects remaining dates for Group meetings, and the public hearing dates for the SPA and the EIR. Based on Group discussion, the next meeting will be on July 8, 1999, to provide members additional -~--_.__.- ~_u..~_..__~ SMR-SPA-CRG Minutes 4 June 17. 1999 time to complete their review of the EIR document and an opportunity to summarize their comments which will be presented to the Planning Commission. Phil requested that the meeting be held in Council Chambers as he would like enough room for his neighbors to attend. 4. OTHER MEMBER OR PUBLIC COMMENTS There were no comments. 5. ADJOURNMENT . The meeting was adjourned at 8 p.m. to the proposed meeting of July 8, 1999 at 6:00 pm. This meeting will be held at Bonita Sunnyside Fire Protection District address. Prepared By: Barbara Reid Planning and Building Department (k061799minutes) f'-'\;\:x~~(\""\- "9 4~ Trin1ark , "Pacific Homes~ L.p. -.-.--,.--- July 6, 1999 Mr. Andrew Campbell Assistant Superintendent of Planning and Facilities Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911 Re: San Miguel Ranch Dear Mr. Campbell: We have had the opportunity subsequent to our meeting on June 23, 1999 to review the mitigation agreements that you have entered into with other developers in the Sweetwater Union High School District ("District".) While we desire that the District follow procedures as outlined in SB 50 relative to pursuing available local, State and federal funds, we also realize the value to the San Miguel Ranch project of a well funded District which will provide a quality education to the children within the District. As such, we have made the decision to pursue with you a mitigation agreement and CFD which will provide full mitigation for our school impacts. Our willingness to enter into a rnitigation agreement IS dependent on the District's affirmative support of our project and assurances that we are treated on parity with other agreements. Please give me a call with any questions regarding this letter and to set up a meeting to begin discussions on the agreement. ;::reIY, stepM: .~ Division President Cc: George Krempl Dennis O'Neil, Esq. 85 Argonaut, SUlle 205, AlIso Vle)O, California 92656 949.4651655 FAX 949.465.1660 M4pc~\ ~ 4~ Trilnark ~ Pacific Homes, LP. ~ , July 6. 1999 Mr. Lowell Billings, Ed.D. Assistant Superintendent for Business Services and Support Chula Vista Elementary School District 84 East "J" S tree! Chula Vista, CA 91910 Re: San Miguel Ranch Dear Mr. Billings: We have had the opportunity to review the mitigation agreements that you have entered into with other developers in the Chula Vista Elementary School District ("District".) WhiJe we desire that the District follow procedures as outlined in SB 50 relative to pursuing available local, State and federal funds, we also realize the value to the San Miguel Ranch project of a well funded District whIch will provide a quality education to the children within the District. As such. we have made the decision to pursue with you a mitigation agreement and CFD which will provide full mitigation for our school impacts. Our willingness to enter into a mitigation agreement is dependent on the District's affirmative support of our project and assurances that we are treated on panty with other agreements. Please give me a call with any questions regarding this Jetter and to set up a meeting to begin discussions on the agreement. Since e]y, ~ Cc: George Krempl Dennis O'Neil, Esq. 85 Argonaut, Suite 2('5, Aliso VieJo, California 92656 949.465.1655 FAX 949.465.1660 P.14/15 -:; .. JUi:.' 06 '99' 0n7PM'hD/C~- ENGINEERS CSULA VIST^ ENGI~rNG I III 014 JUL 02 '99 02: 10PM ~~~(\'\ ~ - [lA[FCCO 1500 Pacific: Highway' Room ~2 Sal'l Diego, CA 92101 . (611i1) 531-0400 Wob5ite: www.sdlafcg.cam San Diego Local Agency Formation Commission Chairman Bill Ham C"""'y e...rd of S\IPIINI&onI VIce Chairwoman Julian.. NJgllllrd CouncilmernDer, ' CII, or c.~.1Iad Membenl Dianne J_ County Baa'" of $"",,"''"'"'' P.1Iy D..is c.""ciIr'nemIw, City atChula ~ Harty IAalhIa CCllUlCflmeltlDer. ell)' or 581'1 Diego Dr. LJ/U8n M. Cftil4& Helbc Water DIsII\ct RDneldW.WootIon VIola FIre ........ctfon DiSlrIcI: And_ L. Vand.....n Publ"'...._ Alternate Members Greg eo. coun!)' Board at SU_'SG<S Mal)' Tera... $eaaom Mo)'or. ell)' at ~on G""", JItO" V.IJI" Coundlmarnber , City at Ssn Dlegg BIId Pocl<lln9!on South Bay Irrltlalio" DloUlcl Guy W. Wlftlon III Public Member E:JtBI:UtiV& Dmc:er foIi<IIoe'D.OIi counsel JolIn J. San..ne ,":,c=.:'-"""" -r-ry r::',', :. .. ~ . " . ,:. :,. , June.25,1999 ';i~1 2 .. '" , IJ\JU U !-Q:~'~ Barbara Reid Environmental Projects Manager Planning Department City of Chu/a Vista 276 Fourth Avenue Chula Vista, CA 91910 rl.....ni.ci '''~I';)~ SUBJECT: Draft Sub$equent Environmental Impact Report - San Miguel Ranch Dear Ms. Reid: Thank you for the opportunity to review the Draft Subsequent Environmel1tal Impact Report (SEIR) for the San Miguel Ranch. We offer the following comments: Section 1-5 of the SEIR indicates that a decision has not been made as to whether both the North and South Parcels of the San Miguel Ranch will be included in an annexation proposal. This section further states that, if the North Parcel is selected for annexation, the scope and responsibility of public:; services required in. the North Parcel would require resolLdion. In addition, Section 4.4 of the SEIR indicates that potential impacts related to public servir;es and land use could result if the North Parcel is included in an anl1exation. If the North Parcel is included in an annexation and LAFCO is to use this SEIR in its review, then the SEIR will need to address aI/Impacts associated with annexing the NoM Parcel. Although the annexation of the North Parcel is discussed in the Alternatives Section, the only justification provided is that the City would attain conservation credits if ttte area were annexed. In our November 12. 1998 comments on the Screen check SEIR, we requested additional discussion of why open-space ten1tory should be annexed to the City. Please be reminded that, if the North Parcel is included in a proposed annexation, LAFCO will require a detailed justification for the inclusion of the territory. Any environmental consequences associated with this potential annexation bOl.lndary needs to be discu$sed in the San Miguel Ranch SEIR. OJI,Us"tDQ rZtJ, U.!":'/IC. ...111 H10 .A'Q1 1:..,,, JUL 06 '99 01:56PM P&D/CTE ENGINEERS BDAIID DF !DUCATIDIII ~..- _0_ PA,1:"RICK.A. .JaPD IIBRftI.\ J. r.AI'JI:Z .-."B, IIIIl'r'B SUPER.IIYIIIIDIIIIY UBIA S. CiILIILD. CllUU VISTA ENGINEERING I P. 12/15 ltJ 012 JlIL 02 '99 B2: 10PM CRVLA VISTA ELEMENTARY ~~~ j) SCHOOL DISTRICT 84 EASr . T srREJ:'I' . C8VLA VISTA, CArD'OBNIA 91910 . 619 .26-Il8OO EACH CBlLD IS AN DQ)l\ID)UAL or OBBAT WOImI June 24, 1999 Rt'''....,. .~., i,i:1 ~ .::'/;.:;,: ':1 ' "_ ,-,.. '-"','k:~!1 .J.-:.'. 'JUN 2 0 ;r:::-:~ " r.. ...~.... ,." Aj'~~i' ',', . W'1.w ~:J'~;'ijU Ms. Barbara Reid Environmental Projects Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: San Miguel Ranch SPA Plan Draft SEIR (Third Tier EIR) EIR-91-o2JFB-OS3JDQ 421 Dear Ms. Reid: Thank you for the opportunity to review and comment on the San Miguel Ranch Draft SEIR draft of May 1999. This project Is within the Chula Vista Elementary School District which serves children from Kindergarten through Grade 6. Using a generation rate of .3 students per dwelling unit, we can expect to generate 418 students from the proposed master planned residential community of 1,394 dwelling units. " The .District's CUrrent schools are designed to house 750 students on a traditional calendar or single-track year-round schedule. Of our 36 elementary schools, 20 are on traditional ten-month calendar. 14 are on single-track year- round calendar, and 1 is on a four-track year-round schedule. Our newest school, Thurgood Marshall Elementary, located at 2296 Mackenzie Creek Road. will open on a single-track year-round schedule in July. The District is in agreement with the locatio'n of the school site. With our site adjacent to a neighborhood park, we jointly create needed open space for school and recreation activities. The State Department of Education must approve the site prior to District acceptance. The District plans to participate in a community forum to address concerns on the location of the school. Due to the tremendous growth and enrollment in our District, it is our intent to retain the 12.7 acre school site. Should the site be determined to be excess property for-the purposes of a "new' school, we will notify appropriate parties at that time. . - . <~. P.15/15 IgJ 015 Jut.. 02 '99 02: 10PM . - .. .jLiC-06. :99 1,14001:as8PM P&D/cfE ENGINEERS CllULA VI STA ENGIbmERIJlTG ) , Barbara Reid June 25, 1999 Page Two Also. while the Otay Water District Golf Course would establish contiguity between the North and South Parcels, the Nort/'l Parcel Annexation Alternative should contain a dlscussiol1 of why the intervening San Diego Gas and Electric: (SDG&E) property should not be included in the annexation proposal. Exclusion Qf ttte SDG&E property would leave a peninsula of unil1c:orporated territory almost surrounded by the City. Since LAFCO is prohibited from creating unincorporated islands utlless specific: findings are adopted, exdusion of the SDG&E property could have'long-tenn implications for future annexations west of the San Miguel Ranch. If you have any questions or would like to discuss the abolte comments, please c:;ontact me at (619) 5:31-5400. Sincerely, ~ ~NVE Local Governmen JFC;hrri JUL'06 '99 -0it57P~P&6~cTE'ENGINEERS CHULA VISTA ENGINEERING 1 P. 13/15 ~ 013 1LiL "'2 '519 !32:1ePM June 24, 1999 Ms. Barbara Field Page 2 gf 2 The current rate of school fees for residential projects is $1.93 per square foot. Our portion of the fee is $.85 per square foot. However, the mechanism for funding the proposed school $Ite and the needed facilities is unclear. In order to assure elemel1tary facilities will be available to serve children from this project, parricipation in a Mello-Aoos Community Facilities Distric;t or an alternative financing mechanism is necessary. Recently I spoke to Steve Hester, President of Trimark, and the Company remii.ins committed to necessary school mitigation. He emphasized the focus on a master planned community for families. Thank you for the opportunity to comment. If you have any que$tions, please give me a call. Sincerely, ~~ Lowell Billings, . Assistant Supenntel1dent for Business Services & Support LB:lh ~If? --- ~ ..000OF 'WHUIA VISTA Memorandum Depa.rtn1en.t: of Planning an.d Building Date: July 9, 1999 To: Planning Commissioners From: Barbara Reid, Environmental Project Manager Subject: San Miguel Ranch Citizen Review Group - Information and Additional Comments on the Draft Subsequent Environmental Impact Report for San Miguel Ranch EIR 97-02 Letters of comment on the above cited document from the Chula Vista Elementary School District and LAFCO were forwarded to you as part of your Agenda package for this evening's public hearing on San Miguel Ranch DSEIR 97-02. On Monday July 12, 1999 copies of two memos were delivered to your homes. One memo introduced the fact that residents of the Estancia community (a residential community south of the project) are against the proposed location of the school site. The second memo summarizes the concerns of the San Miguel Ranch Citizens Advisory Group as expressed at their meeting of Thursday, July 8, 1999. Letters received subsequent to July 12, 1999 are attached. A list of the organizations and agencies that have forwarded the attached letters follows: . California Native Plant Society, July 14, 1999 . Sweetwater Authority, July 9,1999 . County of San Diego, Department of Public Works, July 9, 1999 . Department of Transportation, July 9, 1999 . Trimark Pacific Homes, L.P., July 12, 1999 . Sweetwater Union High School District, July 14, 1999 . U.S. Fish and Wildlife Service, July 14, 1999 We have also included for your information two letters that were received from the County of San Diego, Public Works Department as part of the City/County interaction on transportation. ortation. California Native Plant Societ;9. San Diego Chapter P.O. Box 121390 San Diego, CA 92112 Ms. Barbara Reid City ofChula Vista 276 Fouth Avenue Chula Vista, CA 91910 July 14, 1999 Re: Draft Subsequent Environmental Impact Report EIR 97-02, San Miguel Ranch Dear Ms. Reid: The San Diego Chapter of the California Native Plant Society (CNPS) has reviewed the draft Subsequent Environmental Impact Report (EIR 97-02) San Miguel Ranch Sectional Planning Area Plan and Tentative Maps prepared by P&D Environmental. While a General Development Plan can be approved with fmdings of significant impacts to a species, the subsequent tiers of a document are suppose to attempt to minimize impacts to species. This project has not minimized impacts to Otay tarplant, Hemizonia conjugens, and the species is being placed in jeopardy due to the low level of preservation of the species with this project. The California Native Plant Society and the Southwest Center for Biological Diversity are in the process of filing a lawsuit against the U.S. Fish and Wildlife Service for an arbitrary and caprious Biological Opinion on the species associated with the Multiple Species Conservation Program (MSCP). While we nnderstand the desire ofMSCP participants to create a viable preserve design and protect water quality of our reservoirs, the viability of a listed species cannot be traded away under the Federal and State Endangered Species Acts and ajeopardy decision should have been issued for the species. The City of San Diego and the County of San Diego will also be named in the legal action. While we acknowledge a large portion of the property is not being developed predominantly due to its location upslope from a reservoir, partial purchase and use as a mitigation bank is compensating the property owner for their already constrained land. Preservation of the Northern parcel does not mitigate for take ofOtay tarplant nor has adequate avoidance or mitigation been proposed for the species in the Southern parcel. In the tiering process, agencies can limit discussion of impacts previously disclosed but later project analysis should be conducted for effects that are susceptible to substantial reduction or avoidance by the choice of specific revisions in the project. Page 3.3-9 of the draft document states that recent surveys conducted in 1998 identified significantly more plants than previously identified. We could not find information within the text or tables in the draft EIR that identifY where these plants are located, the estimated number of plants of Otay tarplant that will be preserved, the estimated number of plants that will be impacted. The information was located in a technical appendix on pages 9-10 in a report titled, "Results of 1998 Otay Tarplant Surveys San Miguel Ranch South Parcel". The calculation of preservation for the species suggest approximately 30% of the species will be preserved. Sections 2052.1 and 2081 (b) of the California Endangered Species Act (CESA) require that mitigation measures be roughly proportional to the impacts being caused by a project. That standard has not been ,( Deaicated to the preservation of California native flora @ acheived. Figure 2 in that report shows a 45,855,647 individual population in the impact area. Is this a ten fold typo or are the calculations in the report incorrect greatly reducing the apparent level of impact and importance of the area to the species? Unlike the clay soils on the Southern parcel, the soils on the Northern parcel contain thin clay lenses that are unlikely to support dense populations ofOtay tarplant. The calculations for the northern parcel on page 10 overestimate the population density of plants on those soils at least 6 fold. Please provide hard data for plant densities on thin clay lenses before using what we consider an arbitrary calculation to inflate preserved numbers. It is our understanding that no "Overriding Considerations" are allowed to permit avoidable or unmitigated impacts to listed species under CESA. Avoidance of a large portion of the population to the west ofOS-6 could be incorporated into the project to make the mitigation proportional to the impact. Has the Department of Fish and Game demonstrated that the mitigation for the impact to Otay tarplant is proportional to the impact and that the no jeopardy standard has been met under State law so that take permits could be issued? To our knowledge, the City ofChula Vista does not have an Implementing Agreement for MSCP nor have they processed a Subarea Plan for MSCP. We note that Appendix J of Technical Appendices Volume I has a signed agreement between "Wildlife Agencies" and Emerald Properties. Was a Biological Opinion for Otay tarplant issued prior to signing of this agreement? What types of impacts are associated with maintainance of storm drains in OS-6? Page 3.3-11 states that the two largest populations of Cali fomi a adolphia will be impacted on the eastern portion of the South Parcel. We could not locate these populations in Figure 3.3-1. Where are the populations and will they be impacted? Since this species is not a MSCP covered species, what mitigates the impact? Page 3.3-11 also states that a large population of Palmer's grapplinghook will be impacted. We could not locate this species in Figure 3.3-1. Where is it located? What specific action mitigates the impact since this is also not a MSCP covered species? We would strongly suggest the San Miguel Ranch project undergo a redesign to minimize impacts to Hemizonia conjugens. CESA does not permit the level of impact proposed with this project. Given the Level of Service in Table 3.40-20 (page 3.4-46 of the draft EIR), a density reduction that preserves additional Otay tarplant seems reasonable on many levels. If you have any questions about our concerns, please do not hesitate to contact our Conservation Chair at 421-5767. Sincerely, ~~ Cindy Burrascano ,2 . co \ ~ :v. "'~ '<'''HOt'' uly 9, 1999 { SWEETWATER AUTHOR' ry 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org City of Chula Vista Planning Department 276 Fourth Avenue Chula Vista, CA 91910 , _ ""\f' ..."'-~ ~V' """,'\0,;' - ,\'\ "',,<,, - < ,\ ',," -'-~ ~,,>>~~~.>J GOVERNING BOARD J.S. SKI WOLNIEWICZ, CHAIRMAN MARGARET COOK WELSH, VICE CHAIR JAMES. JIM' DOUD SUE JARRETT BUD POCKLlNGTON GEORGE H. WATERS CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPdN.FRIEDMAN SECRETARY Attention: Ms. Barbara Reid, Environmental Projects Manager Subject: SAN MIGUEL RANCH SECTIONAL PLANNING AREA PLAN SAN DIEGO COUNTY, CALIFORNIA SWA Gen. File: San Miguel Partners Dear Ms. Reid: Sweetwater Authority is a water purveyor in the South Bay area of San Diego County serving 175,000 customers in the City of National City, the unincorporated community of Bonita, and the western portion of the City of Chula Vista. The Authority operates Sweetwater Reservoir and Loveland Reservoir to store water for its customers and utilizes the Sweetwater River to transfer water from Loveland Reservoir to Sweetwater Reservoir. The Authority also utilizes groundwater in the lower basin, below Sweetwater Dam. Approximately four MGD will be produced at the recently completed Demineralization Facility, northwest of the intersection of Interstate 805 and Route 54. We would like to reiterate how pleased the Authority is that the entire North Parcel has been set aside as an ecological reserve. This preserve will provide enduring protection of the watershed adjacent to Sweetwater Reservoir with the additional benefit of providing a connection to important wildlife habitat on Sweetwater Authority lands. The approved General Development Plan shows approximately 14.5 acres of commercial land uses within the South Parcel. We understand that the applicant has not determined what the commercial uses will be. Since the South Parcel is located approximately five miles east of the proposed Demineralization Plant, Sweetwater Authority requests that the City of Chula Vista require the applicant to meet with us should any service station or other use which could be deleterious to the groundwater be proposed. With respect to surface drainage, the Authority requests review and comment to the grading and drainage plans. 3 A Public Water Agency Serving National City, Chula Vista and Surrounding Areas ~7 l~!1999 14:25 E.1S-E34-8928 LAND DEVELOPMENT PAGE B:C . QCountp of ~an i)iego D.aeCTO. '''') ....IIS. P.": ''''1 ;I......' LOCa,110. COlat ... DEPARTMENT OF PUBLIC WORKS cou.,.., IIIIIGliIIElal_a f:ou.n atR'oRTa f:OUIIIT'r _OAD co......o.e... ""111.'''' _."VICD cou.n aUwwEYOR FLOOD C.O.TJlOL wAlTa..,... MAN.O....T 515' OVI!RLAND AVe, &".. DIEGO, cALlttoaNa.. _JUs...., July 9,1999 Barbara Reid City of Chula Vista Planning Department 276 Fourth Avenue Chula Vista, California 91910 Dear Ms. Reid: SAN MIGUEL RANCH - DRAFT ENVIRONMENTAL IMPACT REPORT The County of San Diego Department of Public Works has reviewed the draft supplemental Environmental Impact Report (EIR) for the San Miguel Ranch development dated May 1999. The supplemental EIR states that the proposed project will result In significant unavoidable traffic impacts. Measures, however, should be taken to minimize these impacts. In order to minimize the proposed project's near term traffic impacts on the unincorporated area, the following items should be made conditions of development: · Prior to development of the San Miguel Ranch, construction of SR-S4 from 1-805 to SR-125 as a six-lane freeway with two HOV lanes must be completed. The SR-54 freeway improvements will aide in alleviating traffic congestion along east-west routes in the Bonita area. . Prior to development of the San Miguel Ranch, the following roadway facilities must be in place. a) SR-125 South between SR-54 (South Bay Parkway) and SR-905 as a four- lane freeway\toll road with six interchanges. Without the SR-125 facility, several County roadway segments will exhibit an inadequate level of service by the Year 2005. These roadway segments include Bonita Road, Central Avenue, and San Miguel Road. With the SR-125 facility, acceptable levels of service are projected to be achieved on the aforementioned County Circulation Element roads in the Year 2005 scenario. b} Mount Miguel Road annexed by the City of Chula Vista and built as a four- lane Collector road. 5 87/f3/1399 14:25 51~-594-8928 LAND DEVELOFMENT PAGE 03 ~.-- -_. -- Ms. Reid - 2 - July 9, 1999 .' I term cumulati"e I d' cusses options to minimIZe ong The supp'e,:"ed~1 EI.R a ~~uldl~e expanded to include the following: impacts. This ISCusslon s The discussion of a General Plan Amendment (GPA) to upgrade the Circulation . Element classification of 5an Miguel Road to a three-lane cbllector on ~he ~ounty .of San Diego's Circulation Element should. be expanded to state that it will reqUIre extensive traffic and environmental stuclles as well as approval of the Boa~. of Supervisors. The County Board ~ Superviso~ has not yet taken a posit~on regarding this potential GPA. The City of Chuta VISta should also evaluate. annexIng San Miguel Road and/or assisting/coordi!1ating with the. ~ounty of S.an ~Iego on a GPA to revise the classification of San Miguel Road. Fallshare contributions should also be made towards the ultimate improvements to San Miguel Road. . The City of Chula Vista should participate in a fair-share program to assist in the funding of the future roadway improvements in the unincorporated area. DPW continues to explore the proper mechanism to allow the City and County to participate jointly in these road improvements to benefit both jurisdictions. As indicated in the draft EIR, the Bonita area currently has several roadways operating at inadequate levels of service and San Miguel Road (Bonita Road to Proctor Valley Road) that will incur a significant direct impact from the proposed project in the Year 2005 scenario. The County ~f San Die~o will continue to work together with the City of Chula Vista, B~W, and ~rtmark ~aclfic Homes to ensure that the San Miguel Ranch development will be co~slstent with the long-range transportation planning goals of the neighboring communities and be an asset to the region. If you have any questions conceming our comments, please call Bob Goralka at (858) 694-3728. Very truly yours, #4~ PHILIP J. GIURBINO, Deputy Director (Acting) Department of Public Works ...... PJG:BG:jb cc: Carole Melum, (A6) John Snyder, DPW (0332) Bob Christopher, DPW (0336) Ralph Mutloz. DPW (0384) MIL TRISAN MIGUEL AANCH ~ JUL-l;-~9~N 4:36 PM CAL h"HS PUBLI C TRANS FAX NO, I b d 688 4299 P. 2 ~T^t~.qf 'i~Llf"f!Nlf>:::II!IelNQP. TA""",PCRT"",,,! ~IUI"U-"'N~ ""ENCY OEPARTMENT OF TRANSPORTATION DISTRICT 11 P. O. aox B540a SAN DIEGO. CA 92186.5406 PHONE (619) 6118-6954 F)lX (619) 888-4299 "RAY OAVI'i..<iIW!IJ!>O a Ms. Mosie Boyd Stale Clearinghouse 1400 Tenth Street Sacramento, CA 95814 Dear Ms. Boyd: Crall Subseauent EIR for San Miouel Ranch - SCH960S1038 3snOH~NI~V31::> 31VlS ~~ : : ~ :r ~ M 1'.50.125 South July 9. 1999 ~ 7(w.1'17~ Caltfans Olstrlet 1 1 comments are as follows: . On page 2-'. third parsgraph, the DEIR indicates that Caltrans completed the State Route 125 (SR-12S) South ProJea Repor'( In July 1998. It should read May 1999. In the lIame paragraph, the "Horseshoe Bend" alignment should be corrected to "Horseshoe Bend Modified" alignment. Also In this paragraph, Proctor Valley Road will be an undercrosslng instead of an overcrossing. . The proposed San Miguel Ranch project would create $ignilic;ant traffiC Impacts to existing portions of State Route S4 (SR-54). Interstate Route 805 (1-805) and future SR-125_ The San Miguel Ranch developer should contribute a "fair share" toward the costs of traffic mitigation measures on SR- 54, SR-125, and 1-805. . The SR-125 South Project does not include the construction of any noise barriers for the San Miguel Ranch Development project. Any noise mitigation will be the responsibility of the developer. . Close coordination with Caltrans is encouraged during the San Miguel Ranoh design process. . Section 3-8. Parks. We are concerned with the location of the park shown in Open Space-IS In relation to SR-125. Speeitically, we need to know whether the highway wOUld be seen from the park. . Sectlona 3-8, Trails. We appreciate the effort that the City of Chule Vista has put into Goordinating the trail issues with us. We look forward to continued coordination with the City regarding the trails along the Mt. Miguel Road overcrosslng and the proctor Valley Road undercroS5ing. 7 VOo/Eoo.a E9EO# gSnOH~NI1!lIg~~ S,OE EGE 9,6 9,:0, 666,.v,'~nr , . JUL-IH9~N 4:37 PM CALJAANS PUBLIC TRANS I FAX NO. bIg 688 4299 P. 3 Ms. Mosie Boyd July 9, 1999 Pags Two . Any work performed within Callrsns' right of way will require an encroachment permit. Additionally, Callrans no longer maintal"9 both the metrIc and Imperial unit versions of the Standard Plans. Specifications, Special Prcwlsions and manuals. Therefore, all plans as well as encroachment permit applications submitted to CaRrans must be stated in metric units. Information regarding encroachment permits may be obtained by contacting our Permits Office at (619) 688-6158. Early coordination with our 8geflcy is strongly advised for all encroachment permits. Our contact person for SR-125 South is Laurie Berman, Project Manager, at (619) 688-3631. Sincere lX, 1 _ M'-r-;~' BIL.L FIGGE, Chief Planning Sludles Branch BF/LSlhg g VOO/VOO'd E9EO# ~snOH~NIlI\{~18 S10E EZE 916 91 :01 6661.;1'1nr JUL 14 '99 02:21PM TRIMARK P.2/2 ;, Trimark ~ ,Pacific Homes, L.P. July 12, 1999 Mr. Andrew Campbell Assistant Superintendent of Planning and Facilities Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911 Re; San Miguel Ranch Dear Mr. Campbell: Pl11'suant to 0111' phonc conversation today, it 0\11' intention to have an executed school mitigation agreement in place between Trimark Pacific San Miguel, LLC and the Sweetwater Union High School District prior to the City Council approval of the SPA for the above referenced project, Please give me a call with any questions. Sincerely, ~i~~ Division President co: George Krempl De=is O'Neil, Esq. 9 55 Argonaut, Suit. 205, Aliso VieJo, Ca!ifOl1C1la 9lG5G 949465.1655 FAX 9'\9.4651600 I SWEETWATER UNION HIGH SCHOOL DISTRICT PLANNING AND FACILITIES _.._~ July 14, ]999 ~~:;a:s~el.+ZI~~ :~ h ,13~;,11+ ~r\i:F\ 0. ~ \ ci Co. ., \J PhQl1e # .,. PhQne # 7(~~-lA1(\Y, ....I61I.t>/j I Katy W,ight Di,,,clo, of Plan"ih/( City ofChula Vista Planning Commission 276 Fourth Avenue Chula Vista, California Dear Commissioners: Be! Draf'Subsequent Environmentallnlpact Repo" 97-02 fo, San Miguel Ranch We apprec.iate the opportunity to comment on the Draft Subsequent Environmental Impact Report ("Draft SEIR") prepared for the San Miguel Ranch Sectional Planning Area Plan and Tentative Maps ("Project"). We havc notcd that some of the statistical information regarding school facilities capacity and enrollment ar Sweetwater Union High School District (""District"), has changed since the City of Chula Vista ("City") initially considered the Project in 1996. We have provided current school facilities data to be included in the Draft SEIR. We also request that the District's current information be incOfporated in the Public Facililies Finance Plan, the Sectional Planning Area Plan, and any other documents prepared by the City for this Project. As you know, the District's facilities are severely impacted, and we continue to be concerned about the rate of growth, impacts of n~w residential development, and inadequacy of statutory school fees. For the past several years, lhe developers of residential devdoprnc:nt projc:c:t.!i within the City have elected to participate in a Mello-Roos Communities Facilities Districts ("CFD") in order to ensure the timely construction and financing of school fac.ilities to accommodate students generated from new development. This financing mechanisln/mitigation measure is consistent with the Public Facilities Element and Growth Management Element of the City's General Plan. Partially mitigated schools are inconsistent with the City's Growth Management Pfogram and advefoely impact olher land nse elements such as traffic, noise, and air quality, as well as schools. This should be noted in the Land Use Section ofthe Draft SEJR. (See Draft SEIR, p.3.7-2.) We have had several pfOductive meetings with the Cil)' and the developer of the Projecl, Trimark Pacific San Miguel, LLC ("Trimark"), to explore creative solutions to the District's school facilities impacts, and to fonnulate a mutually beneficial mitigation plan. Trimark has agreed to enter into a school facilities mitigation agreement with the District to form a CFD to finance and mitigate sc:hool facilities impacts resulting from development of its Project. (See attached correspondence frum Trimark.) We respectfully rc:quest the City incorporate into the Draft SEIR and final conditions for the Project the condition of approval proposed by Trimark, set forth II) II J 0 FIfTH A VEN \JE . CHULA VISTA' CALI FORNI '" . 9191! (619) 69H5SJ (619) 420~H9 (F"") ""right@sd~.kI2.o..u, below, which provides for the execution of a mitigation agreement prior to the City's approval of the SPA Plan for the Project and the formation of a CFD to finance school facilities necessary for the Project. In addition, we request the following changes be made in Section 3.7.6 of the Draft SEIR prior to final certification to reflect the District's current facilities data and the mitigation measures proposed by Trimark. (II "ppe,,,. $ee/ion 3.7.6 on pag',~ 3.7-12 IhT(Jugh 3.7-13 ha-e been duplicated In Ih. Draft SElf(.) Existing Setting . The District is currently comprised of nine senior high schools, three junior high schools, seven middle schools, one continuation high school and five adult schools. . Total District enrollment based on current cnrollment data from the California Basic Educational Data Systems ("CBEDS") is 33.060 students. The District's exisling school building capacity for grades 7-12 based on "'lstiJlg stat. standards is 29,997. Thus, the District has a deficit of approximately 3,063 spaces District-wide. . Currently, the two schools that would serve the Project area are Bonita Vista Middle School and Eastlake High School. The enrollment/capacity of these schools is as follows: 1998199 CURRENT SCHOOL NAME PERMANENT ADJUSTED ENROLLMENT AVAILABLE r:,tJ,P.A,C'JTV r:.AP..a..CJTV CBEDg C.AP.A<:'ITY Bonita Vista Middle 1470 1620 1303 317 Eastlake High School 1680 2220 1819 401 . As indicated in our previous letter to the City dated March 5, 1999, incorporated herein by this reference, both of these school sites have been significantly impacted by gro\\<1h in the past couple years resulting in the addition of 9 relocatable classrooms at Bonita Vista Middle School and 24 ..elocatable classrooms at Eastlake High School. There is no available space at either school site to place additional relocatable classrooms to accommodate new growth as the maximum capacity for expansion at both of these sites has been reached. The current excess space at these schools wi 11 be used to accommodate growth from other residential developments in the same geographical area as the Project. Impact Analvsis The District has contracted with Special District Financing & Administration to detennine the current student generation rates for grades 7-12 for single-family detached, single-family attached and multi-family attachel;i dwelling units. The District's current student generation rate. axe as follows: Single Family Detached Grade Level Studenl Yield Ratio 0.12 Junior High (7-8) High School (9-12) 0.22 TOTAl- 0.34 2 /1 Single Family AltatbedlMulti-Family Attached Junior High (7-8) Studenl Yield Ratio 0.07 Grade L<v<! High School (9-12) 0.14 TOTAL 0.21 . The nurober of students to be generated from the Project is 457 students (161 middle school students and 296 high school students) as follows: Single Family Detached (See Land Use Summury Tablefor San Miguel Ranch SPA Plan Draft SEIR, p.l-II) Grade Level Student Yield Number of Units Total Ratio Junior High (7-8) 0.12 1265 152 High School (9-12) 0.22 1265 278 TOTAL 0.34 1265 430 Siogle Family Attachedl Multi-Family Attached (See Lattd Use Summary Table for San Miguel Ronch SPA Plan Draft SEIR, p.l-II) Grade Level Student Yield Number of Units Total Ratio Junior High (7-8) 0.07 129 9 Higb School (9-12) 0.14 129 18 TOTAL 0.21 129 2' . At the time of completion and build-out of the Project, the two District schools serving the Projett will be beyond maximum capacity and severely impacted. Additional school fatUities will be required to actommodate students generate from the Project. . Under current law, the Project Applicant must pay the statutory school fees in affect at the time building pennits are issued on a square foot basis for botb residential and tOmmertial developments. The current statutory fee for the Dimict is $1.08 per square foot of residential development and SO.17 per square foot of commercial development. (Chula Visla Elememary School Distril;:l receives Ihe remaining parlion of Ihe ~'I"lulory fee,) The statutory school fees provided to tbe District would only partially mitigate its school facilities impacts becAUse it covers less than 25 percent of the tost necessary to provide school facilities. Proposed ~til<Btion Measures . Payment of statutory school fees will partially reduce Project related impacts, but not to below a level of insignifitance. . The Project Applicll1Jt has voluntarily agreed to the following condition of approval which will fully mitigate the Project's impacts to a level of insignificance: (~ ) OCT 3 0 ws <Lmurly nf ~Ztl1 ~il'gn STEPHEN ,HUNBERG DlRE:TOR (6'916~.22j2 FAX: (fi19 26&-0461 LOCATION :::;ODE SSC October 2B. 199B ::~,~t:-' :'1;:'>11,:::;::1 caur~-' ....I:..;IJO~;~ COUIJ7" R(;';~, :';~JMMISStor~EF-, TRAt,S:- ::O;:RVICES COUt,-" SURVEY:);: F:"O:X. :CII,TRO:. WAST::WATEP I.1M~AGEM<:NT DEPARTMENT OF PUBLIC WORKS 5555 OVERLAND AVE. SAN DIEGO, CALlFORNI.t.. 92i23-1295 Sarbara Reid City of Chula Vista 276 4th Avenue Chula Vista, California 91910 Dear Ms. Reid: SAN MIGUEL RANCH - REVISED TRAFFIC MODEL On September 21, 199B, the Department of Pubiic Works (DPW) responded to the San Miguel Ranch traffic study. Subsequently, we met October B, 199B with you, Chula Vista staff, and the developer to discuss our comments and concerns itemized in our traffic study response. One of the action items that resulted from .this joint meeting was to work with your planning consultant (BRW) to resolve some of the issues .raised in our memo. Our review of the San Miguel Ranch traffic study detected several County roadways in the study area that were not coded according to the County's Circulation Element Plan. The following table is an excerpt from the September 21, 1998 memo describing the discrepancies. I ROADWAY i i I BONITA RD CENTRAL AVE 1 CORRAL (CANYON I SAN MIGUEL RD I I I MT. MIGUEL RD I I I FROM-TO I I CENTRAL - SR54 I BONITA-CORRAL I CANYON I CENTRAL-CV CITY LIMITS BON ITA- PROCTOR VALLEY SAN-MIGUEL PROCTOR VALLEY I COUNTY C.E. PLAN I I , I MAJOR I COLLECTOR I COLLECTOR LIGHT COLLECTOR SOUTHBA Y BUILDOUT MODEL I COLLECTOR I LIGHT COLLECTOR I I LIGHT COLLECTOR COLLECTOR I NON-CE I tV COLLECTOR V ::>nnted on recycted DaDe' Ms. Reid - 2- October 28, 1998 It was our concern that these roadway misclassifications may have led to a flawed traffic study analysis. Working with County staff, SANDAG modified the coded road network to correct the specified inconsistencies, and reran the buildout traffic model. The revised traffic forecast yielded nearly identical results verifying that the San Miguel Ranch project has only a minimal impact on the County transportation system. In addition, the revised traffic forecast did not alter any of the levels of service assessments. The traffic study indicates that a General Plan Amendment will not be needed. Based on this additional analysis, it is the opinion of SANDAG and the Department of Public Works that the conclusions from the original traffic study are valid and acceptable. At the October 8, 1998 meeting, City of Chula Vista staff stated their jurisdiction would be willing to participate in a fair-share program to assist with the funding of future roadway improvements in the unincorporated area. DPW continues to explore the proper mechanism to allow the City and County to jointly participate in these road improvements to the benefrt of both jurisdictions The remaining County concem related to the project being allowed to fully buildout, if SR-125 were not completed. We understand the City will condition the project to achieve full buildout only if SR-125 is constructed south of the SR- 54 freeway. The County of San Diego, Department of Public Works greatly appreciates the efforts of BRW, City of Chula Vista, SANDAG, and Trimark Pacific Homes in addressing and resolving our concerns. If you have any questions, please call Nick Ortiz at (619) 495-5488. Very truly yours, pt/fic-2-~'LJ rf-- ROBERT D. CHRISTOPHER, Public Works Manager Department of Public Works RDC:NO:jb CIW\L TRISAN MIGUEL RANCH 15- "Trimark Pacific Home, L.P. will execute a school mitigation allJ"eement between Trimark Pacific San Miguel, LLC and the Sweetwater Union High School District prior to the City Council approval of the SPA for the above reference project." Analvsi. or Sil!nificance . The formation of a CfD, as agreed to by the Project Applicant, wHl reduce the school facilities impacts to below a le'l'el of significance. We request that Mitigation Measure Number 3.7-15 in the Mitigation Monitoring and Reporting ProllJ"am be revised consistent with the condition of approval proposed by Trimark. provided above. (Draft SEIR, pages 6-13.) We appreciate the City's cc;mtinued effort to work with the District and the community to ensure that adequate school facilities will be available to serve students generated from new residential development projects, including San Miguel Ranch. We Jook forward to working with the City and Trimark to provide positive results for our schools and our community. Sincerely, ~w~ Katy Wright Director of Planning Enclosures cc: George Krempl Lysa Saltzman, BBK 13 4 ~~~ ~ ~--=~~ ~~~- CllY OF CHUIA VISfA PLANNING DEPARTMENT February 12, 1999 Mr. Bob Christopher Public Works Manager Land Developmem San Diego Coumy Department of Public Works 5555 Overland Avenue San Diego, CA 92123-1285 Re: Funding for Needed Circulation System Improvements in the Bonita-Sunnyside Area Dear Mr. Christopher; We have appreciated your and your staff's involvement in the traffic anaJysis for the San Miguel Ranch SPA. At some of the meetings on this project, Chula Vista's collection of transportation development impact fees was discussed. It was noted that the County of San Diego does not presently have funds budgeted for needed improvements to certain County roadways in the Bonita- Sunnyside area as identified by the project's traffic study. As I understand, these needed improvements are consistent with the roadway's classification in the Sweetwater Community Plan and are necessary as a result of cumulative traffic conditions. San Miguel Ranch's trip comribution to these roadways is limited, and under application of the County's (and City's) criteria was found to have no project-specific significance. In discussing the need for funding County roadway improvements, you questioned whether the City would be willing to consider contributing, on a proportionate "fair share" basis, some of its development impact fee funds to the County for use on specific improvements identified in the project's DSEIR to mitigate cumulative impacts. As you may be aware, the funding of road improvements in the Bonita area has a long history. In the early 1980's I sent a letter to the County Director of Public Works asking for the County to participate in the City's Transportation Development Impact Fee (TransDIF) program. The County had allowed quite a lot of development in this area with no offsite road requirements. A good example is the Bonita Highlands development of over 600 homes, plus other subdivisions accessing to Central Ave. We never received a response to that request. When the City developed Bonita Long Canyon, near East H Street and south of Bonita Highlands, the City agreed to widen Central Ave. between Corral Canyon and Frisbee to allow for a two way left turn lane. In addition, the City's developer installed a traffic signal on Central at Corral It 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-S101 Mr. Bob Christopher -2- February 9, 1999 Canyon. This improvement was over a mile away from Bonita Long Canyon. In 1987, the County voters passed Proposition A (Transnet) to provide transportation funding. Each local governmental agency identified a list of projects for use of those funds. In the Bonita area there were several road widening projects on the original transnet list. As I recall, these included Bonita Road between Otay Lakes Road and San Miguel Road and widening of San Miguel Road. In fact, the City and County entered into an agreement to build and share the proportional COstS of Bonita Road between Otay Lakes Road and Central Avenue. Chula Vista paid $45,000 to the County toward the cost of engineering. The County prepared the plans, and when staff asked the Board of Supervisors for additional funds to widen the road, the Board, (from the urging of the Sweetwater Planning Group) scrapped the project. If you check the Board letter, when the Bonita projects were scrapped, I believe you'll find that most of the Transnet funds went to projects outside the Bonita area. The County has built one bridge project (Central Avenue), and is in the process of replacing the Bonita Road bridge with a Bridge grant from the Federal Government. Because of the County not participating in a TransDlF program 15 years ago, and because the Board transferred most of the Transnet funds out of Bonita, the capacity of the roads in that area have been, in some cases, exceeded. The County staff attempted to correct the situation by requesting the City to condition the Otay Ranch to mitigate all the traffic problems in Bonita. Because the Otay Ranch was several miles away, and the traffic impacts were minimal, it was jointly agreed that it was not the responsibility of the Otay Ranch to do all of these improvements. Even with this history, Chula Vista still recognizes the need for widening of certain roads in Bonita to address cumulative conditions. We would be willing to consider participating in a joint . program for a limited number of roads in which we have a significant impact and which would be representative of our proportionate contribution to traffic on those roads. Once the SR-125 Tollway is constructed, and Sweetwater Road loses its access to SR-54, the traffic patterns in the Bonita area will change. It will be necessary for the City and County to identify any proportionate funding contributions, based on an agreed upon analysis of traffic volumes in the furore. Since the people in Bonita have objected to widening streets in the past, we would need to have assurance that any participation would get the roads built, and not have the construction stopped at the last minute. Sincerely, '~/ff~~ Ii JOHN LIPPITT DIRECTOR OF PUBLIC WORKS cc: Barbara Reid 17 Mr. Bob Christopher -3- February 9, 1999 Ed Batchelder Doug Reid Bob Leiter Jim Sandoval Stephen Hester Ann Gunter v'. H:/shared/engineer/county2..1tr 16' ~If? -11- -.""'" - rnv OF CHUIA VISfA Depart:m.ent of Planning and Building Date: July 9, 1999 To: Chairman and Members of the Planning Commission Ed Batchelder, Senior Planner~ From: Subject: San Miguel Ranch Elementary School Site- Petitions from Estancia Residents On July 6, 1999, Mr. Phil Gaughan submitted petitions from residents of the Estancia subclivision objecting to the proposed location of the elementary school site within the San Miguel Ranch project. The Estancia subdivision borders the south side of the San Miguel Ranch SPA area along Proctor Valley Rd. Attached is a copy of Mr. Gaughan's cover letter, and a sample of the petition's form. A complete set of signed petition originals is on file in the Planning and Building Department. Petitions were received from 151 (91%) of the 165 homes in the Estancia subdivision. Mr. Gaughan is a member of the San Miguel Ranch SPA Citizens Review Group (CRG) and represents the Estancia neighborhood on the CRG. The CRG has been meeting approximately monthly since May 1998, and Mr. Gaughan fIrst identified this issue in September, 1998. The location of the school site in the SPA, and the access off Proctor Valley Rd., are both consistent with the adopted GDP. Staff has worked with the applicant and the Chula Vista Elementary School District to identify site planning considerations to respond the concerns, and required the applicant to provide an access to the school site internal to the San Miguel Ranch project. The District has recognized the necessity for specific site planning and on-site circualtion considerations, and they have been cliscussed with Mr. Gaughan and the CRG. At its July 8, 1999, meeting the CRG indicated that it did not desire to forward the Estancia resident's positions as a CRG concern or recommendation, but rather for the resident's to proceed independently with the petitions. Mr. Gaughan and his neighbors remain adamant in their request for the school site to be moved within the San Miguel Ranch project so that no access is allowed from Proctor Valley Rd. They have cited the negative, spill over traffic affects that have occurred in other neighborhoods in eastern ChuJa Vista, and strongly expressed that they do not want similar occurances in their neighborhood. They feel that moving the site is the only solution that will insulate their neighborhood from potential, negative affects, and as a matter of record, desire that the Planning Commission be made aware of their position as part of the project's EIR public hearings. While this issue does not involve the type of traffic and circulation issues associated with EIR-level analyses, staff is forwarding this information to you at this time as requested by Mr. Gaughan so that Ie; it will be part of the public record. It is likely that residents will attend your July 14, 1999, public hearing on the project's Draft Subsequent Environmental Impact Report (DSEIR) to speak on the issue. In staff's view, issues regarding location of the proposed elementary school site are more directly associated with the land use considerations of the SPA Plan, and staff intends that they will be addressed in the context of public hearings on the SPA Plan. SPA hearings are currently anticipated for the Planning Commission in late August, and the Council in late September 1999. For the present time, the Planning Commission should provide staff with any direction it desires at the DSEIR hearing on July 14. cc: Bob Leiter, Director of Planning Jim Sandoval, Asst. Director of Planning & Building Duane Bazzel, Principal Planner Doug Reid, Environmental Review Coordinator Barbara Reid, Environmental Projects Manager Richard Zumwalt, Associate Planner Alex Al-agha, Senior Civil Engineer Frank Rivera, Civil Engineer Ann Moore, Assistant City Attorney (H:\HOME\PLANNINGIEDlSAN-MIG\PET -PC.MEM) -2- ;).0 :'.< To: From: Subject: ------- - r RECEIVED t. a -!JISSg ~. . ~. San Miguel Ranch SPA Citizen Review Group !itIi. PI ANNING!it Chula Vista City Planning Staff; Senior Planner: Ed 1 a~,,1n,ru~ -. Philip Gaughan, Estancia Resident and a member of the San Miguel Ranch SPA Citizen Review Group. San Miguel Ranch School Site 1. We the residence of the Estancia neighborhood find that the . proposed location for a school, within thenewChula Vista subdivision of San Miguel Ranch, will become an unacceptable traffic and personnel safety risk as sited on the following petition. We furtheLstate...the.-nee~ebfreetive-action;which will control --------th~ unseen dangers, placed upori'usfrom this section of the San Miguel Ranch project. 2. We request the. support of the San Miguel Ranch SPA Citizen Review Group. Thank Y u 02( ;A;th/// IbLJ ~- ,~"" RECEIVED ~ JUL - ? \~.;g t" V . 21~~ plANNING Subject: Concerns for the new San Miguel Ranch School site Conclusions from the neighborhood meeting held on the 26th of September: 1. We the residents of the Estancia neighborhood, which adjoins the proposed San Miguel Ranch School site, believe that the increaSe in traffic will have a negative impact on our ability to travel freely and safely into, and out of our neighborhood. 2. Evidence indicates this traffic congestion will occur 30-minutes prior to commencement of daily classes and 30-minutes before and unti120-minutes after conclusion of daily cl&Sses. Other concerns include: . Traffic increase from after school activities. . Traffic increase from weekend activities associated with the new school grounds. 3. Residents of the Estancia neighborhood conclude that the school should be placed inside the San Miguel Ranch neighborhood across the street from the proposed neighborhood park. The recommended relocation of the proposed school site will reroute traffic from Proctor Valley road and onto the larger Mt. Miguel road. This enables the increased traffic flow to be controlled for safe drop-off or pick-up of children. Name: Address: Signature: CJ-.:L ~;J,f~ ,-------~~ ~--- Subject: Concerns for the new San Miguel Ranch School site Conclusions from the neighborhood meeting held on the 26th of September: 1. We the residents of the Estancia neighborhood, which adjoins the prQposed San Miguel RJ:Inch School site, believe that the increase in traffic will have a negative impact on our ability to travel fteely and safely into, and out of our neighborhood. 2. Evidence indicates this traffic congestion will occur 30-minutes prior to commencement of daily classes and 30-minutes before and until 20-minutes after conclusion of daily classes. Other concerns include: . Traffic increase :&om after school activities. . Traffic increase :&om weekend activities associated with the new school grounds. 3. Residents of the Estancia neighborhood conclude that the school should be placed inside the San Miguel Ranch neighborhood across the street from the proposed neighborhood park. The recommended relocation of the proposed school site will reroute traffic from Proctor Valley road and onto the larger Mt. Miguel road. This enables the increased traffic flow to be controlled for safe drop-off or pick-up of children. Signature: ~H~!-- C41~j)~J . ~S'-r'K.i V~ r-~es2 k.. ('-J-: C;JU)2;)~ M. '7"/9. 'I<j ~ ~. Name: Address: Wi/!;' RECEIVED JUL-6: PLANNING JJ ~5 /, SWEETWATER VALLEY CIVIC ASSOClATIOlll P. O. Box 232 BONITA, CALIFORNIA 91908 July 14, 1999 City Planning Commission Chula Vista, California Dear Planning Commission, The Sweetwater Valley Civic Association opposes the approval of the Draft SEIR for San Miguel Ranch for the following reasons: A. Transportation: Sec. 3A 1. Forecast of unacceptable LOS ofD or below forecasted at buildout on nine roadway segments was minimized. It was rationalized that a 2% increase was acceptable and consequently of no significant project related impact. - a totally unacceptable assumption under already overburdened roadways. . How do you compress 2 more ounces in a gallon container? How can you add more vehicles on full roadways? . How accurate is the forecast that the development shall only generate 2% to the already overburdened roadway segments? . The Draft SEIR should include more up-to-date studies. 2. The subject of monitoring this transportation situation is not covered Under Section 6, Mitigation Monitoring and Reporting Program, a very serious oversight, considering the deteriorating conditions and its impact on the region. The DSEIR should include this missing item in Section 6. 3. The Subject of SR-125 as a factor in determining the traffic and what phases of the project could move forward is not covered under section 6 for Mitigation Monitoring purposes. Another serious oversight which invites violations. The DSEIR should include this item with more than one co-equal agency or better to monitor compliance. 4. Regulatory Requirements: Sec 3 A-I . The City of Chula Vista's Growth Management Threshold Standards have allowed several streets within the city to exceed its exception of 1 two hours per day at LOS D in many streets within the city The San Miguel Ranch development will add considerable impact upon the roadways listed in this section. . Table 3.4-3 needs to be updated to current conditions (1997-98) Some roads change LOS as soon as jurisdiction changes from the County. to the City even though it is one and the same continuous road. Willow St. to Otay Lakes Rd. on Bonita Rd. was omitted. The entire East H Street is not currently at the LOS level as listed on above table. . The DSEIR should be updated to reflect current conditions. B. Air Quality Sec. 3.5 . There is no air quality plan for the City of Chula Vista . APCD maintains a monitoring station in downtown Chula Vista. These air quality readings are not representative of the air readings in Bonita, past or present. . Developments in Chula Vista have dramatically increased the traffic traversing Bonita to other points in the Region from such developments. . Bonita is consequently receiving an inordinate share of air pollution of the non-attainment type (Ozone and PM-l 0) from this generated traffic. None of these have been measmed for comparison purposes. . A study of this impact should be made covering the periods prior to the East Lake development to the present and the cumulative impact that the San Miguel Ranch Project would contribute, and should be part of this DSEIR. C. Sewage Sec. 3.7.2 . During the July 8,1999 meeting, the CRG was informed that there were some sagging problems on the sewage lines, which would be serving the San Miguel Ranch Development. These problems are slated for correction at some future date at an estimated cost of $100,000.00 for Chula Vista. This estimate should be verified and adjusted for future inflation. The total cost should be apportioned in proportion to the actual cost and benefit, and clearly defined in the DSEIR. D. Drainage Sec 3.7.9 . The DSEIR originally planned for three detention basins for the project. It was subsequently corrected to two and one of these was relocated. The impact of these changes could not be ascertained due to its fluidity. 2 · Bonita has become the victim of cumulative impact from inadequate studies and poorly designed and maintained drainage from Chula Vista developments. . The downstream impact of drainage from the project development, particularly at Central Creek area has not been provided. While the. drJ!inJ!E~ flow from the detention basin will be a known number, the amount and duration of the flow will nevertheless increase and will have an adverse effect downstream. The DSEIR should report these studies and mitigate the adverse impacts . . Where the drainage pipe for the catch basin will drain, was not defmed. The DSEIR should identify the route of the drainage stream and which private property owners would be impacted. E. Mitigation Monitoring and Reporting Program Sec.6.5 · Exclusively, the City of Chula Vista carries out every aspect of Mitigation Monitoring for this project. . This situation leaves the impression of the fox guarding the hen house. . Much mitigation monitoring situations include impacts on the County as well as State or Federal jurisdictions including roads, highways and environmental impacts. . The DSEIR Section 6, Mitigation Monitoring and Reporting Program should be corrected to include other agencies with overlapping jurisdiction on the column of Party Responsible for Monitoring. Above is only a partial list of comments on the DSEIR for the San Miguel Ranch development. This serves to summarize the inadequacy of the DSEIR and consequently, our recommendation that the Project not proceed until the SDEIR meets and reflects the required standards of completeness and accuracy. G member) Ernie Schnepf (CRG member, alternate) 1- ~