HomeMy WebLinkAboutPlanning Comm Reports/2003/03/12
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
Wednesday, March 12 , 2003, 6:00 p.m.
Council Chambers
276 Fourth Avenue, Chula Vista,CA
CALL TO ORDER: Hall
Madrid O'Neill Cortes
Castaneda
Horn
ROll CAll/MOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
INTRODUCTORY REMARKS
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: ZAV 02-19; An appeal of the Zoning Administrator's
decision to deny Variance Application. The variance
request is a waiver of the two-car garage requirement
created by a proposed lot split on a lot containing two
single-family dwellings with historical designations. The
lot is located at 616 Second Avenue in the Single Family
Residential Zone. Applicant: Pamela Bensoussan.
Project Manager: Michael Walker, Associate Planner
2. PUBLIC HEARING: PCM 03-20; Consideration of amendments to the San
Miguel Ranch Sectional Planning Area (SPA) and Planned
Community (PC) District Regulations to change the land
Use Designation for Planning Area "G" from SF4 to SF3.
Trimark Pacific Homes.
Project Manager: Richard Zumwalt, Associate Planner
3. PUBLIC HEARING: Consideration of the Final Project Environmental Impact
Report (EIR 02-05) for Bella lago Precise Plan, Rezone,
and Tentative Parcel Map.
Project Manager: Steve Power, Associate Planner
Planning Commission
- 2-
March 12, 2003
4. PUBLIC HEARING: Consideration of the following application filed by Bella
Lago LLC:
a. PCZ 01-04: Approving amendments to the Zoning map
or maps established by Section 19.18.010 of the Chula
Vista Municipal Code rezoning 180 acres east of the
future SR-125 freeway and north of Proctor Valley
Road, from PC (Planned Community) to REP
(Residential Estates with a Precise Plan "P" Modifying
District).
b. PCM 02-12; Approving a Precise Plan for 180 acres to
be known as the Bella Lago Precise Plan
c. PCS 03-03; Approving a Tentative Subdivision Map to
subdivide 180 acres east of the future SR-125 freeway
and north of Proctor Valley Road into 140 single-family
residential lots.
Project Manager: Luis Hernandez, Principal Planner
5. PUBLIC HEARING: PCC 03-17; Conditional Use Permit proposal to allow a 700
sf accessory second dwelling unit located in the front of
the property, in connection with a 1,200 single-family
dwelling unit located in the rear of the property of a
Single-Family Residence in the R-1-5P zone, at 260 Zenith
Street. The proposed unit is in compliance with State
Government Code Section 65852.2(b)(1 )(A)-(I).
Project Manager: Dawn Van Boxtel, Associate Planner
6. PUBLIC HEARING: PCM 02-05; Precise Plan to allow for a redevelopment
project for an existing shopping center. The project
includes: (1) the demolition offour existing buildings; (2) a
new Sav-On Drug 'store; (3) a new multi-tenant retail
building that includes a drive-thru store; (4) a Kiosk; (5)
new landscaping and paving; (6) grading; and (7)
exceptions to the parking and front yard setback
requirements. The existing 5,000 sf building and the
LaFuente drive-thru restaurant will be remodeled. The
projectsite is located atthe intersection of Fourth Avenue
and "C" Street in a Central Commercial Design zone
district.
Project Manager: Michael Walker, Associate Planner
Planning Commission
- 3-
March 12, 2003
7. PUBLIC HEARING: DRC 03-21; An appeal of the Design Review Committee's
decision to deny a three-level parking structure to
accommodate the parking needs ofthe existing Corporate
Plaza office building. The site is located at 678 Third
Avenue in the Administrative Professional Office zone
district.
Project Manager: Michael Walker, Associate Planner
8. ACTION ITEM:
PCC 02-15; Consideration of a resolution of denial to
establish a dwelling group by adding a second single-
family dwelling and a detached two-car garage on a lot
that contains an existing single-family dwelling. The lot is
located at 108 Corte Maria Avenue in a Single Family
Residence Zone.
Project Manager: Michael Walker, Associate Planner
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
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.
PLANNING COMMISSION AGENDA STATEMENT
Item:. ~ .1
Meeting Date: ~ 31/;;.../ D.3
ITEM TITLE:
Public Hearing: Continuance of an appeal of the Zoning Administrator"s
decision to deny Variance Application ZAV-02-l9. The Yariance request
is a waiver of the two-car garage requirement created by a proposed lot
split on a lot containing two single-family dwellings with historical
designations. The lot is located at 616 Second A venue in the Single-
Family Residential Zone (R-l).
The appeal for the variance request was continued from the January 22, 2003, hearing to allow
time for the applicant ind staff to work together to find a solution for the two-car garage
requirement without impacting the historical status of the dwellings.
RECOMMENDATION:
Starr recommends that the Planning Commission consider the variance request based on the new
evidence that the applicant has provided.
DISCUSSION:
On January 22, 2003, the Planning Commission voted to continue the appeal for the variance
request following public testimony. The issue is the Chula Vista Municipal Code (CVMC) two-
car garage requirement for single-family residences.
The applicant proposes to subdivide the lot that contains two historically designated single-
family dwellings and a four-car garage into two lots. Each lot will contain a dwelling, the Greg
Rogers House at 616 Second Avenue and the Nadine Davies House at 614 Second Avenue. The
lot containing the Greg Rogers House would retain the existing four-car garage. The lot
containing the Nadine Davies House would be without a garage.
Section 19.62.050 of the CVMC requires a two-car garage for single-family dwellings. The
applicant requested a variance to waive the garage requirement for the Nadine Davies House on
the basis of a hardship. The lot split proposed by the applicant would create the hardship.
However, Section 19.14.l90A of the CVMC indicates that a hardship peculiar to the property
must exist, and is not created by any act of the ovmer.
Subsequent to the hearing, staff met with the applicant to discuss options to satisfy the code
requirements and meet the objective of the applicant. The applicant now proposes to construct a
single-car carport with an attached trellis behind the Nadine Davies House. The carport would
accommodate one car, with room for a second car under the trellis. The applicant has provided
information intended to justify the use of a carport because of the physical constraints at the
/
ZA Notice of Decision - ZA V -02-19
Page 2
proposed location (see Attachment I). The applicant feels that she is faced with two equal1y
undesirable options for satisfying the ordinance requirement for off-street parking: I) build a
two-car garage within the lot area proposed by the lot split and limit the rear yard space for the
Nadine Davies House; or 2) move the proposed lot line further to the west, which might have a
negative impact on the existing mature California pepper tree, and would create a smaller lot area
for the large Greg Rogers House.
The first option would place the garage at a location that would meet the zoning requirements for
building separation, but the applicant has argued that grouping buildings would seriously affect
the historical context of the property and functional use ofrear yard space.
The second option could significantly impact the mature pepper tree, which the applicant views
as a contributing element to the historic status of the site relative to the Greg Rogers House. The
applicant feels that the newly proposed single-car carport is an equitable attempt to meet the
ordinance requirement for covered parking within the historic context ofthe site.
The Planning Commission should note that if the historic nature of the dwelling at 614 Second
Avenue (the Nadine Davies House) is no longer applicable by virtue of de-listing or substantial
modification of the dwelling, the variance if approved, shall be deemed null and void.
CONCLUSION:
The applicant has made an effort to meet the on-site parking requirement for the Nadine Davies
House by proposing a single-car carport. The applicant has provided evidence in order to
demonstrate that a two-car garage would negatively impact the historical context of the site. The
variance would no longer apply if the historic status no longer exists or if the Nadine Davies
House is a substantial remodeled or demolished.
ATTACHMENTS
1. Applicant's Variance Justification
2. Draft Resolution of Approval
3. Draft Resolution of Denial
4. Staff Report for January 22,2003
5. January 22,2003 PC Minutes
J:\Planning\Michael\PCC Reports\ZA V-02-19
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A TT ACHMENT 1
February 6, 2003
CHUU. VISTA PU.NNING COMMISSIONERS
Chula Vista Planning Department
276 Fourth A,'enue
Chula Vista, CA 91910
, -....;
RE: REQUEST FOR V ARIANCE/
APPEAL C:ONTINUED BEFORE PLANNING C:OMMISSION FEBRUARY 12, 2003
PROJECT: Lot Split 614-616 Second Avenue
As per the Planning Commission's suggestion we have met with Plaoning Department staff aod with
Eric Fotiadi, Architect aod Engineer aod are proposing the following revised plao. In this plao we
hm'e agreed to give up the spa/deck area from behind the craftsmao bungalow (Nadine Davies
HOlL<e) aod build a period-a{>propriate parking structure in its place.
This plan will satisfy the perceived need for off street parking and enclosed storage of
materials without comprising the historic integrity of the property.
. The strucrure will measure 10' x 20' (mterior dimensions) with a large overhang on the right
haod side.
· It will be constructed of wood aod stone, in the craftsmao style to blend with the historic
bungalow.
. It will be placed behind the bungalow in the northwest comer of the front parcel.
· The design allows additional parking in front of the structure that will not obscure the view
of the Historic Greg Rogers House on the rear lot
. A new fence would be placed on the lot line, replacing the existing solid wood fence that
would feature river rock aod wood with honzontallines blending with the parking structure
but having a lighter, see-through aspect to increase visibility of the property from the street
While this craftsmao design is more costly to build thao a pre- fab or inexpensive garage structure, it
will maintain the historical saoctity of the Nadine Davies House for current aod future residents of
Chula Vista.
We have explored the possibility of constructing a garage ne,,-"! to the existing four-car garage. This
solution would have required destroying a one hundred year old historic pepper tree. We have
drawn the tree into the revised plao so that the space east of the garage is more accurately displayed.
Greg Rogas t--Jistor;cal House
6 \ 6 Second ,,""venue. Chula Vista, CA -;! -; ! 0
tel, (~I," +20-7782, Fax, 619 +20-7788, e-maiL F amelaDens@cox.net
3
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~r .:;.,.,.-."";-.:;, ~'-""'"'1';l-)r!-;s;;:.'"
.. ~".I__.i:_J l_~)'--"'~ - ~~, - <.,1'
The pepper tree measures 7'4" at rhe ba$e of the trunk. The branch span is over 70' wide. There are
at least two main branches of rhe tree rhat prevent a garage being constructed on rhat spot One
grows horizontally and measures only 4' 7" in height from rhe ground. Anorher is only 7' feet from
the ground. RemO\'ing these branches would amount to radical surgery rhreatening rhe life of rhe
tree, as they are in fact e:-;tensions of rhe trunk as seen in the photographs. The excantion required
for laying a parking surface would also pose a serious rhreat to rhe root system.
Jw;t behind the pepper tree to the North is a mature Jacaranda tree. These two mature healthy trees
are ,'ef}' conduciw to rhe historic setting of the property and represent rhe only garden with mature
landscaping on rhe entire Greg Rogers parcel. Like rhe historic houses rhat we are trying to preserve,
these trees are character deftning resources in our City.
Prior to submitting rbis proposal, we explored various orher possibilities, and came to rhe
conclusion rhat rbis was by far the best solution. Wirh rhis revised plan, we are offering a
compromise solution rhat i$ borh aesrhetic and compatible with rhe historic nature of rhe propert)'
while addressing the concerns of the City.
Thank I'on,
Pamela Bensoussan
Applicant
Enclosures: 7 sets of plans, photos, etc.
G,-es Rosas t'iistorical House
6 I 6 5eco"d Avenue, Chu!a Vista, CA 919 10
tel: 619 420-7782~ tax: 619 420-77831 e-mail: FameJaDens@cox.net
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2
ATTACHMENT 2
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION REVERSING THE DECISION OF THE ZONING
ADMINISTRATOR AND GRANTING THE REQUEST FOR A
VARIANCE, ZAV-02-19, TO WAIVE THE TWO-CAR GARAGE
REQUIREMENT OF THE R-I, SINGLE-FAMILY RESIDENTIAL
ZONE.
WHEREAS, on March 21, 2001, Pamela Bensoussan " the Applicant" filed a
Tentative Parcel Map to subdivide the property that contains two historically designated
single-family homes located at 616 Second Avenue; and
WHEREAS, the Tentative Parcel Map is conditioned to provide a two-car
garage in accordance with Section 19.62.170 of the Chula Vista Municipal Code; and
WHEREAS, on June 3, 2002, the Applicant duly filed a verified application for
a variance with the City ofChula Vista Planning Division; and
WHEREAS, on October 15, 2002, the Zoning Administrator denied the
Applicant's request for a variance from the two-car garage requirement of the R-l,
Single-Family Residential Zone; and
WHEREAS, on October 22, 2002, the Applicant filed appeal of the Zoning
Administrator's decision to deny the request for a variance from the two-car requirement
of the R-I, Single-Family Zone; and
WHEREAS, the Environmental Review Coordinator, in compliance with the
California Environmental Quality Act (CEQA) has concluded that this project is a Class
3 categorical exemption from enviroumental review (CEQA Section 15303, new
construction or conversion of small structures); and
WHEREAS, the Planning Director set the time and place for a hearing on said
request for a variance and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the city and its mailing to property
owners and residents within 500 feet of the exterior boundaries of the property at least 10
days prior to the hearing; and
WHEREAS, the Planning Commission hearing held on January 22, 2003, and
subsequently continued to February 12, 2003, and continued again until February 19,
2003; and
WHEREAS, the Applicant modified the request to include a carport as an
alternative to a garage; and
5
.----.,-."...-----..--..".--.--
WHEREAS, the hearing was held at the time and place as advertised, namely
February 12, 2003, and continued to February 19, 2003, at 6:00 p.m. in Council
Chambers, 276 Fourth Avenue, before the Planning Commission; and
WHEREAS, after considering all reports, evidence, and testimony present at
said public hearing with respect to the variance application, the Planning Commission
voted to grant the variance; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve application ZA V -02-19 in accordance with the findings of this
Resolution.
I. That a hardship particular to the property and not created by any act of the owner
exists. Said hardship may include practical difficulties in developing for the needs
of the owner consistent with the regulations of the zone; but in this context,
personal, family, or. financial difficulties, loss of prospective profits, and neighboring
violations are not hardships justifying a variance. Further, a previous variance can
never have set a precedent, for each case must be considered only on its individual
merits.
The existing location of each of the site's dwellings (Greg Rogers House and Nadine
Davies House), an existing garage structure and a large, mature California pepper tree,
limit the applicant's ability to satisfy the two-car garage requirement of the Chula Vista
Municipal Code (CVMC). As an alternative, the applicant will provide a one-car carport
with an attached trellis that would accommodate up to two vehicles and would be located
behind the Nadine Davies House.
2. That such a variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same zoning districts and in the
same vicinity, and that a variance, if granted would not constitute a special privilege
of the recipient not enjoyed by his neighbors.
The variance request is necessary for the enjoyment of substantial property rights enjoyed
by surrounding properties. Many properties in the City, including a few in close
proximity to the applicant's property, have been subdivided. Granting a variance from the
two-car garage requirement, thereby allowing a lot split, would not result in the granting
of a special privilege especially considering the historic nature of the property.
3. That the authorizing of such variance will not be of substantial detriment to the
adjacent property and will not materially impair the purposes of this chapter or
public interest.
The variance would not have a detrimental impact upon surrounding parcels. The site
contains two single-family dwellings registered on Chula Vista's List of Historic Sites.
The entire lot is designated as a historical space, which includes a large, mature
California pepper tree. The lot's existing conditions limit the applicant's ability to meet
the CVMC two-car requirement. As an alternative, the applicant is providing a one-car
carport with an attached trellis, which would provide parking for up to two vehicles. The
(p
carport is designed within the architectural context of the historic dwellings. The one-car
carport is designed within the context of the historical structures, and would be located
behind the Nadine Davies House, which will allow for vehicle parking without the
establishment of open parking spaces in view from the public right-of-way.
4. That the granting of such variance will not adversely affect the General Plan of the
City or the adopted plan of any government agency.
The granting of this variance would not adversely affect the General Plan of the City of
Chula Vista. A variance from the two-car garage requirement to allow a one-car carport
with an attached trellis architecturally designed to be compatible with the historic
dwellings would not be incompatible with Goal 3 Objective II of the General Plan,
which calls for development that".. .meets or exceeds a standard of high quality planning
and design."
BE IT FURTHER RESOLVED, that approval of the variance is contingent on
the continued historic nature of the dwelling at 614 Second Avenue (the Nadine Davies
House), which was an important factor used by the Planning Commission in making its
determination; AND BE IT FURTHER RESOLVED, that if the historic nature of the
dwelling at 614 Second Avenue (the Nadine Davies House) is no longer applicable by
virtue of de-listing or substantial modification of the dwelling, then this variance shall be
deemed null and void ab initro.
APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 19th day of February, 2003, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Russ Hall, Chair
ATTEST:
Diana Vargas, Secretary
J:\Planning\Michael\PCC Reports\ZA V-02-19 Aprroval Reso
7
A TT ACHMENT 3
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
TO DENY A REQUEST FOR A VARIANCE, ZAV-02-19, FOR A VARIANCE
FROM THE TWO-CAR GARAGE REQUIREMENT OF THE R-I, SINGLE-
FAMILY RESIDENTIAL ZONE.
WHEREAS, on June 3, 2002 a duly verified application for a variance was filed
with the City of Chula Vista Planning Division by Pamela Bensoussan; and
WHEREAS, the lot currently consists of two single-family residences and 1
four-car garage 614 Second Avenue and 616 Second Avenue; and
WHEREAS, Chula Vista Municipal Code Section 19.62.180 requires that all
dwelling units in the R -I Zone shall have constructed on the same lot, a two-car enclosed
garage containing a I?inimum of 400 square feet and minimum dimension of 20 feet; and
WHEREAS, as a result of the owner's request for a lot split, a two-car garage
will be required for the existing single-family residence located at 614 Second Avenue;
and
WHEREAS, the Zoning Administrator found that the two-car garage
requirement does not affect the historic character of the property; and
WHEREAS, the Zoning Administrator found that the two-car garage
requirement does not breach the provisions of the Mills Act Contract; and
WHEREAS, on October 15, 2002 the Zoning Administrator denied the owner's
request for a variance from the two-car garage requirement of the R-I, Single-Family
Residential Zone; and
WHEREAS, on October 22, 2002 the owner appealed the Zoning
Administrator's decision to deny the request for a variance from the two-car requirement
of the R-l, Single-Family Zone; and
WHEREAS, the Environmental Review Coordinator, in compliance with the
California Environmental Quality Act (CEQA) has concluded that this project is a Class
3 categorical exemption from enviroumental review (CEQA Section 15303, new
construction or conversion of small structures); and
WHEREAS, the Planning Director set the time and place for a hearing on said
request for a variance and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the city and its mailing to property
owners and residents within 500 feet of the exterior boundaries of the property at least 10
days prior to the hearing; and
'6
WHEREAS, the hearing was held at the time and place as advertised, namely
January 22, 2003 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the
Planning Commission; and
WHEREAS, after considering all reports, evidence, and testimony present at
said public hearing with respect to the conditional use permit application, the Planning
Commission voted to approve the condition use permit; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby deny ZA V-02-19 in accordance with the findings of this Resolution.
1. That a hardship particular to the property and not created by any act of the owner
exists. Said hardship may include practical difficulties in developing for the needs
of the owner consistent with the regulations of the zone; but in this context,
personal, family, or financial difficulties, loss of prospective profits, and neighboring
violations are not hardships justifying a variance. Further, a previous variance can
never have set a precedent, for each case must be considered only on its individual
merits.
There is no hardship or special circumstance associated with the applicant's property.
The parcel meets the minimum lot size and dimension requirements of the underlying
zone, and is similar in configuration to surrounding parcels. The need for a variance has
been created by the subdivision of an existing parcel. The proposed lot does have ample
room in an appropriate location for the required garage to be provided. The historic
status of the property does not alleviate the owner from conforming to the regulations of
the zone as the two-car garage can be detached and can be oriented with minimal visual
impact to the public right of way view.
2. That such a variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same zoning districts and in the
same vicinity, and that a variance, if granted would not constitute a special privilege
of the recipient not enjoyed by his neighbors.
The variance request is not necessary for the enjoyment of substantial property rights
enjoyed by surrounding properties. Surrounding parcels are very similar to the applicant's
in terms of lot size, dimension, and topography, and generally have two car garages.
Granting a variance from the two-car garage requirement would result in the granting of a
special privilege to the applicant that is not enjoyed by surrounding property owners,
since the variance would allow a house to be located on a new lot without providing the
required garage.
3. That the authorizing of such variance will not be of substantial detriment to the
adjacent property and will not materially impair the purposes of this chapter or
public interest.
The variance would have a detrimental impact upon surrounding parcels. Allowing non-
conforming uses within the City is detrimental to the orderly development of the city and
adverse to the general welfare of persons and property. The two-car garage requirement
9
is to provide adequate off-street parking so as to alleviate the congestion on residential
streets and space for the necessary storage of materials in an enclosure. An enclosed two-
car garage is necessary to protect the general welfare of surrounding parcels by
preventing the establishment of parking spaces in an open parking lot situation, which is
inappropriate for residential development, and would prevent the open and disorderly
display of materials and items that would be stored in enclosures to avoid an unsightly
appearance.
4. That the granting of such variance will not adversely affect the General Plan of the
City or the adopted plan of any government agency.
The granting of this variance would adversely affect the General Plan of the City of
Chula Vista. A variance from the two-car garage requirement would be incompatible
with Goal 3 Objective II of the General Plan which calls for development that ".. .meets
or exceeds a standard of high quality planning and design." A two-car garage is
necessary and essential to the residential character of a neighborhood by ensuring that
open areas remain a~cessible and visual impacts are minimized.
BE IT FURTHER RESOLVED, the Planning Commission of the City ofChula
Vista hereby denies ZA V -02-19.
DENIED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 22 day of January, 2003, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Russ Hall, Chair
ATTEST:
Diana Vargas, Secretary
J:\Planning\Lynnene\administrative review\RESOLUTION ZA V-02-19Bensoussan.doc
({J
ATTACHMENT 4
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date: 01/22/2003
ITDI TITLE:
Public Hearing: Variance Request ZA V-02-19, an appeal of the Zoning
Administrator's decision to deny an application for a variance from the
two-car garage requirement of the R-I Zone; Single-Family Residential
Zone. Applicant: Pamela Bensoussan
The applicant has proposed a lot split that would place an existing house on a new lot without
any covered parking. The Zoning Administrator denied the variance to waive the two-car garage
requirement.
An applicant or other inte.ested parties may appeal the decision of the Zoning Administrator to
the Planning Conuuission within 10 days of the Zoning Administrator's Notice of Decision.
The Environmental Review Coordinator has concluded that this project is a Class 3(a)
categorical exemption from environmental review (CEQA Section 15303 (a) new construction
and location oflimited numbers of new, small facilities or structures).
RECOMMENDATION:
That, based upon the findings of fact, that the Planning Commission uphold the decision of the
Zoning Administrator to deny the request for a variance from the two-car garage requirement of
the R-I, Single-Family Residential Zone.
DISCUSSION:
I. Site Characteristics
The subject property currently consists of two single-family residences and one four-car garage
on the same lot. Both, 614 Second Avenue, the Nadine Davies House and 616 Second Avenue,
the Greg Rogers House are designated as historic and are entered into a Mills Act Contract v.'ith
the City of Chula Vista. The Mills Act is an incentive program for owners of historic homes
where they may receive a substantial reduction in their property tax assessment to preserve their
historic property. The property is located south of "I" Street and north of "J" Street with Del Mar
A venue to the west in a single-family residential zone where the houses predominately have two-
car garages.
General Plan. Zoning and Land Use
The project is located in the R-I - Single-Family Residential Zone, and has a General Plan Land
Use Designation of Residential LO\v Medium (3-6 dwelling unIts per gross acre). The R-I Zone
stipulates all dwelling units shall have a two-car garage constructed on the same lot, as a
necessary and essential accessory building to the residential use of said lot. The request for a
II
ZA Notice of Decision - ZA V -02-19
Page 2
yariance is for relief from the requirements of the General Plan. Zoning or Land use of the
parcel.
General Plan
Zoning
Current Land Use
Site:
North:
South:
East:
West:
Residential, Low-Medium R-l
Residential, Low-Medium R-l
Residential, Low-Medium R-l
Residential, Low-Medium R-l
Residential, Low-Medium R-l
Single-family residential
Single-family residential
Single-family residential
Single-family residential
Single-family residential
3. Proposal
The need for the construction of a two-car garage is the result of the owner's intent to split the
existing lot into two lots. The owner would like to split the lot into two lots so that she may take
a mortgage out on the front lot (614 Second Avenue). Section 19.62.180 of the Chula Vista
Municipal Code requires that all dwelling units in the R-1 Zone shall have constructed on the
same Jot, a two-car enclosed garage containing a minimum of 400 square feet and minimum
dimension of 20 feet. The lot split would assign the four-car garage to 616 Second Avenue (The
Greg Rogers House) making 614 Second Avenue (The Nadine Davies House) a non-confornling
use without a garage.
ANALYSIS:
DEVELOPMENT STANDARD. ALLOWABLE EXISTING (a)
Lot Coverage 40% 19%
Setbacks:
Front 15 ft 51ft
Rear 20 ft (b) 33 ft
Sides 10/3 ft 10/32 ft
Parking Two-car garage NONE
(a) The proposed front lot only
(b) Per CVMC 19.58.020 (4) a covered patio or detached accessory building (Le. garage) located in the
rear 30 percent of the lot, or back of the front 70 percent of the lot, shall be located either on a property
line or not less than three feet from such line.
The Zoning Administrator denied the request because it does not support the findings needed to
grant a variance. The applicant contends that the addition of a detached garage would diminish
the historical character of the property and violates the Mills Act Contract. The Nadine Davies
House was designated as historic and entered into a Mills Act Contract subsequent to the
addition of a deck and spa in the back of the house which neither was a part of the original
structure nor are typical of Craftsman Bungalow architecture. The Zoning Administrator did take
into consideration that the house is designated as historic and is entered into a Mills Act Contract
and deternlined that the two-car garage could be detached and placed in the rear of the property
which would neither breach the Mills Act Contract nor affect the historic integrity of the site,
I~
ZA Notice of Decision - ZA V -02-19
Page 3
particularly as \-ie\\"ed from the street.
The \1ills Act Contract is an agreement between the City and the owner of an historic home
whereby the owner is given a reduction in their property taxes to restore and maintain their
historic property. The City is the entity that determines if a breach of the, Mills Act has occurred.
In this case, the Zoning Administrator determined that the construction of a two-car garage
would not violate the Mills Act Contract as the adoption of the Mills Act does not supersede the
requirements of the Chula Vista Municipal Code and the addition of a detached garage would
complement the existing architecture as detached garages are a common element of California
Bungalows.
Due to fact that the Greg Rogers House (616 Second Avenue) is set back from the street and
enclosed by a fence that is minimally 6 feet high the addition of the required two-car garage will
not affect the visual access to the Greg Rogers House any more so than is currently accessible.
Further, the required two-car garage can be situated behind the Nadine Davies House (614
Second Avenue) in a manner that will not block vehicular access to the Greg Rogers House. The
applicant also has the option to move the proposed lot line so that the front parcel would be
larger than the proposed 7200 square feet thus allowing more space for the required two-car
garage to be built.
CO:\'CLUSION:
Staff recommends that the Planning Commission uphold the decision of the Zoning
Administrator to deny of the request for a variance from the two-car requirement of the R-l Zone
based upon the fmding offacts of the attached Resolution ZA V-02-19.
Attachments
.1. Locator Map
2. Appeal Application and Applicant Documentation
3, Resolution ZAV-02-J9
l\Planning\Lynnette\administrative review\N"OD\ZA V0213 bensoussan PC report 2.doc
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ATTACHMENT 5
Planning Commission Minutes
- 4 -
January 22, 2003
4. PUBLIC HEARING: ZAV 02-19; an appeal of the Zoning Administrator's decision to
deny an application for a variance from the two-car garage
requirement of the R-1 Single-Family Residential Zone.
Commissioner O'Neill stepped down from the dais.
Background: Ms. Lopez reported that the need to construct a two-car garage is the result
of the owner's intent to split the existing lot into two lots in order to be able to take a
mortgage out on the front lot. Section 19.62.180 of the Municipal Code required that all
dwelling units in the R-1 Zone shall have constructed on the same lot a two-car enclosed
garage. The lot spl it would assign the four-car garage to 616 Second Avenue (The Greg
Rogers House) making 614 Second Avenue (The Nadine Davies House) a non-
conforming use wit~out a garage.
The Zoning Administrator denied the request because it does not support the findings
needed to grant a variance and determined that the two-car garage could be detached
and placed in the rear of the property, which would neither breach the Mills Act Contract
nor affect the historic integrity of the site. The applicant also has the option to move the
proposed lot line so that the front parcel would be larger than the proposed 7200 sf thus
allowing more space for the required two-car garage to be built.
The applicant has provided for the Commission's review information on the historic
character of the site, and staff also has provided copies of letters stating their support for
the appeal.
Staff Recommendation: That the Planning Commission uphold the decision of the
Zoning Administrator to deny the request for a variance from the two-car requirement of
the R-1 Zone based upon the finding of facts contained in Resolution ZAV 02-19.
Commission Discussion:
Commissioner Madrid asked what is the allowable minimum lot size.
Ms. Lopez stated that the minimum lot size requirement is 7,000 sf. The back parcel is
proposed to be 13,000+ sf, with the front lot being 7,200 sf.
Public Hearing Opened 7:20.
Eric Fodiadi, 3241 Fifth Avenue, San Diego stated he is an architect and structural
engineer and helped move the Greg Rogers house to its present location. He stated the
home is massive, measuring approximately 5,900 sf, including the basement and attic,
and to consider reducing the lot size on the back parcel would be unwise. The bulk of
the Greg Rogers house needs a greater setback in order to fully enjoy the aesthetics of
the historic two-story Craftsman home of its size.
IV
Planning Commission Minutes
- 5 -
January 22, 2003
Mr. Fodiadi pointed out on an area map, a number of non-conforming lots and homes
that don't have the required two-car garage.
Elizabeth Hull, Deputy City Attorney II, stated as a point of clarification that the two-car
garage requirement carne into effect in 1969. Additionally, any code violations are
addressed on a complaint basis, therefore, not having done any research on these lots, it
would be inappropriate, at this time, for staff to comment on any of the non-conforming
lots that were detailed earlier.
Pamela Bensoussan, owner, clarified that the only reason why the non-conforming lots
were brought up was not to single anybody out, but rather, to show that she is being
denied property rights that others in the neighborhood enjoy.
Ms. Bensoussan st~ted she purchased a house that required a tremendous amount of
work. The house was gutted in order to install new plumbing and heating system
throughout the house, but none of the finishing work had been done and the wood,
which had up to five coats of paint, had simply been piled into the basement. Hiring, at
great expense, a full-time finish carpenter who worked for two years, she's done an
enormous amount of restoration and finishing work inside the house, striping the paint
and restoring the wood to its original condition.
Ms. Bensoussan indicated that the house is in urgent need of tenting for termite
infestation, and in need of a new roof, replacing the old shingled roof. The house also
needs painting as the paint is chipping and the house needs to be sealed from moisture.
These are all urgent matters that require immediate attention in order to halt further
deterioration of this historic home.
The reason for her request to split the lot is to be able to have a mortgage on both
houses, instead of one, in order to fund the enormous amount of restoration work that
the house urgently needs, as well as the beautification of both houses.
Ms. Bensoussan reiterated that the spirit of the Mills Act is a tax savings incentive for the
property owner so that the money that is saved in property taxes can be channeled back
into the upkeep of the property. In exchange for that, the property owner is giving back
to the community a historic resource and asset that can be appreciated by the
Community at large. The benefits to the City that the Historic Homes Tour has generated
in recent years, is of tremendous value and has served to raise property values.
Ms. Bensoussan's plan for the Greg Rogers house is also to get rid of the solid 6 foot
fence and replace it with an "arts and crafts" appropriate, see-through fence. She also
has plans to cut back the landscaping to make the house more visible from the street.
IS
Planning Commission Minutes
- 6 -
January 22, 2003
The appl icant stated that staff's recommendation to place the garage behind the spa is not
an option because mature landscaping is extremely important to the integrity of the site
when you are dealing with historic property. In that location is one of the biggest and
oldest historic pepper tree in the entire City, which would have to be removed if there
were to be a garage at that location.
Commissioner Castaneda stated it appears that in order to satisfy the garage requirement,
a four-car garage was built, which could serve both houses. Cmr. Castaneda suggested
that the lot split could be approved if an easement were granted to the front lot to
provide access to the four-car garage, thereby serving both residences.
Ms. Bensoussan stated she objected to an easement in perpetuity.
Commission Casta~eda suggested that the easement would run concurrently with the
variance and at any time that the front lot was provided with a garage, the easement
would lapse.
Elizabeth Hull stated that a similar option was presented to the applicant earlier this
evening, and if she is willing to consider this, its something that. would need further
review, therefore, no action could be taken tonight. Ms. Hull further stated that a
concern she would have is that without an easement in perpetuity, if the variance were
to go away, we would not be able to undo the lot line adjustment and would be creating
a non-conforming use that we would not be able to address.
Commissioner Hall recognized Ms. Bensoussan's efforts and the work she's diligently
done in restoring this home, and stated that consideration should be given to amending
the ordinance to exempt historical homes from some of these requirements when special
circumstances are involved.
David Bensoussan, reviewed some of the points that were previously raised and stated
that he appreciated the Commission's openness in suggesting other possibilities in order
to come to a mutual compromise.
Karim McCall, 642 Second Avenue, stated her support for tonight's proposal and stated
she too owns a historic home and is an advocate for historic preservation. She urged the
Commission to grant the request for a variance.
Public Hearing Closed 8:25.
MSC (Cortes/Hom) (4-1-1) to continue this public hearing to the regular Planning
Commission meeting of February 12, 2003. Motion carried with Commissioner Madrid
voting against.
/~
PLANNING COMMISSION AGENDA STATEMENT
ItelnJ 2.
Meeting Date: 3/12/03
ITEM TITLE: Public Hearing: PCM-03-20; Consideration of amendments to the
San Miguel Ranch Sectional Planning Area (SPA) and Planned Community (PC) District
Regulations to change the Land Use Designation for Planning Area "G" from SF4 to
SF3. (Trimark Pacific Homes)
Trimark Pacific Homes filed a SPA amendment application to change Planning Area G from the
SF4 to the SF3 Land Use District. Planning Area "G", which is approximately 16.15 acres in
size, is located on the north side of Calle La Marina, about I ,500 feet west of the intersection of
Mount Miguel Road and Calle La Marina.
The San Miguel Ranch SPA plan was approved on 10/19/99, and the San Miguel Ranch
Tentative Map was approved on 2/29/00. Planning Area "G" was approved for minimum 5,000
square foot lots, but was designated SF4/Single Family Detached, which requires minimum lot
sizes of 4,500 square feet, and property development standards designed for smaller lots.
Amending the land use district to SF3/Single Family Detached will increase the minimum lot
size to 5,000 square feet, and apply other SF3 development regulations more appropriate for
5,000 square foot lots.
On October 19, 1999, the City Council considered and certified Final Subsequent Environmental
Impact Report (FSEIR) 97-02, Third Tier EIR, for the San Miguel Ranch SPA and PC District
Regulations. The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Enviroumental Quality Act (CEQA), and has determined that the
proposed project was adequately covered in FSEIR 97-02. Thus, no further enviroumental
review or documentation is necessary.
RECOMMENDATION:
Adopt the attached Planning Commission Resolution PCM-03-20, recommending that the City
Council approve the amendments to the San Miguel Ranch SPA and Planned Community (PC)
District Regulations in accordance with the findings contained in the attached Draft City Council
Ordinance.
DISCUSSION/ANALYSIS:
The San Miguel Ranch Sectional Planning Area (SPA) Plan and Planned Community District
Regulations established the land use distribution and pattern, density and character of
development, development goals and objectives, and development standards to guide the future
planning and construction of the San Miguel Ranch project.
At the time that the San Miguel Ranch Tentative Map was approved, Planning Area "G" was
designated SF4, which permitted minimum lot sizes of 4,500 square feet. However, Planning
/
,.
Page 2, Item _
Meeting Date: 3/12/03
Area G on the Tentative Map was designed to accommodate 5,000 square foot lots. The
developer has requested the subject amendment in order to benefit fTom the development
standards ofthe SF3 designation, which allows the opportunity for larger homes on larger lots.
Staff analyzed the lot sizes proposed for Planning Area G, and compared them with other
Planning Areas which are designated SF3. The average lot size of Planning Area G is 7,542
square feet, which is comparable with lot sizes in Planning Area F which have an average of
7,264 square feet, and larger that Planning Area H, with an average lot size of 6,521 square feet.
Both of these are designated SF3. By comparison, the average lot size of Planning Area E,
which is designated SF4, is much smaller at 5,894 square feet. Therefore, staff has determined
that Planning Area G is consistent, in terms of average lot sizes, with other planning areas
designated SF3.
Staff also analyzed the maximum building area development regulation for the SF3 and SF4 land
use districts. The maximum building area is calculated by multiplying the Floor Area Regulation
times the lot size, then comparing that number to the corresponding maximum building area
value in Table 2-3(B), and whichever is the lesser number is the maximum allowable building
area. The change from SF4 to the SF3 Land Use District would permit an increase in the
maximum building area from 3,500 to 4,000 square feet, which is consistent with other areas
designated for 5,000 square foot lots. The increase of maximum building area would have the
additional benefit of allowing future owners the flexibility of adding room additions and other
improvements subject to the FAR requirements.
Summary of Proposed Changes
1. The project proposes an amendment of the SPA Site Utilization Plan Land Use Table
(SPA Vol. I, Figure 1-4, page 27) to change the Land Use District for Planning Area G
from SF4 to SF3 (see Attachment 3, Exhibit 2).
2. The project also proposes to amend the following sections of the PC District Regulations
(see Attachment 3, Exhibit 2):
a. SPA Vol. 2, Figure 2-1, Page 3, "Land Use District Plan", to change the label of
the Land Use District for Neighborhood G to SF3.
b. SPA Vol. 2, Table 2-1, Page 5, "Chart of SPA Land Use Districts", to delete "G"
in the "SPA Planning Area" column in the SF4 row, and add "G" to the same
column in the SF3 row.
c. SPA Vol. 2, Table 2-3B, "Maximum Building Area", to delete the reference to the
3500 square foot maximum building area for Neighborhood G, in the SF4 row.
CONCLUSION:
Staff requests that the Planning Commission recommend approval of the proposed SPA and PC
District Regulations amendment, in accordance with the attached Planning Commission
Resolution.
~
---..f.. ~-_.__._--~-_..-
Page 3, Item _
Meeting Date: 3/12/03
Attachments:
1. Locator Map
2. Planning Commission Resolution
3. Draft City Council Ordinance
4. Disclosure Statement
3
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CITY OF CHULA VISTA
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: TRIMARK PACIFIC HOMES MISCELLANEOUS W/INITIAL STUDY
PROJECT SAN MIGUEL RANCH
ADDRESS: PLANNING AREA "G" Request: Proposal for Land Use Designation and Planned
Community District Amendment reclassification of Neighborhood
SCALE: FILE NUMBER: "G" from SF-4 to SF-3.
NORTH No Scale PCM-03-20 Related Case(s): IS-03-023
j:\home\planning\cherrylc\locators\pcm0320.cdr 01.15.03 )?
L-uC-A TV"
RESOLUTION PCM-03-20
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA
RECOMMENDING CITY COUNCIL ADOPTION OF THE APPROVAL OF
AMENDMENTS TO THE SAN MIGUEL RANCH PLANNED COMMUNITY DISTRICT
REGULATIONS -TRIMARK PACIFIC HOMES.
WHEREAS, on January 10,2003, a duly verified application requesting amendments to the
San Miguel Ranch Planned Community District Regulations, to change the Land Use District for
Planning Area "G" from SF4 to SF3, was filed by the Trimark Pacific Homes ("Developer"); and,
WHEREAS, the area of land which is the subject matter of this resolution is
diagrammatically represented in Exhibit A and commonly known as San Miguel Ranch Planning
Area "G", consists of 16.15 acres located on the north side ofCal1e La Marina, approximately 1,500
feet west ofthe intersection of Mount Miguel Road and Cal1e La Marina ("Project Site"); and,
WHEREAS, on October 19, 1999 the City Council has previously certified a Third-tier,
Final Subsequent Environmental Impact Report (FSEIR) EIR-97-02, Findings ofF act, Statement of
Overriding Considerations, and a Mitigation Monitoring and Reporting Program to address
environmental impacts associated with implementation of the Project; and
WHEREAS, this Third-tier FSEIR 97-02 incorporates by reference two prior EIRs: the
original Rancho San Miguel General Development Plan FEIR-90-02, certified by the City Council
on March 23, 1993; and the San Miguel Ranch General Plan Amendment / General Development
Plan Amendment FSEIR-95-04, certified by the City Council on December 17,1996; as well as their
associated Findings of Fact, and Mitigation Monitoring and Reporting Programs; and,
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA), and has determined that the
proposed project was adequately covered in the San Miguel Ranch Final Subsequent Environmental
Impact Report (FSEIR) EIR-97-02. Thus, no further enviroumental review or documentation is
necessary; and,
WHEREAS, the Planning Director set the time and place for a hearing on the amendments to
the San Miguel Ranch Planned Community District Regulations, and notice of said hearing, together
with its purpose, was given by publication in a newspaper of general circulation in the City, and its
mailing to property owners and tenants within 500 feet of the exterior boundaries of the property, at
least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 pm,
March 12, 2003, in the Council Chambers, 276 Fourth Avenue, Chula Vista, before the Planning
Commission; and,
5
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WHEREAS, the Planning Commission received, heard and considered evidence on March
12,2003, set forth in the record of its proceedings herein by reference as is set forth in full, made
certain findings, as set forth in their recommending Resolution PCM 03-20 herein, and
recommended that the City Council approve the Project based on certain terms and conditions; and
NOW THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt the attached draft City Council Ordinance approving the
amendments to the San Miguel Ranch SPA and PC District Regulations in accordance with the
findings contained therein.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA this 12th day of March, 2003 by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Russ Hall
Chair
ATTEST:
Diana Vargas
Secretary
o
DRAFT ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING ORDINANCE 2799 AND APPROVING
AMENDMENTS TO THE SAN MIGUEL RANCH PLANNED
COMMUNITY (PC) DISTRICT REGULATIONS.
1. RECITALS
A. Project Site
WHEREAS, the areas ofland which are the subject of this Ordinance are diagrammatically
represented in Exhibit 1 attached hereto, and for the purpose of general description consists of
16.15 acres located on the north side of Calle La Marina, approximately 1,500 feet west of the
intersection of Mount Miguel Road and Calle La Marina, commonly known as San Miguel Ranch
Planning Area G ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on January 10, 2003, Trimark Pacific Homes ("Applicant") filed an
application requesting approval of amendments to the Planned Community (PC) District
Regulations of the Sectional Planning Area (SPA) Plan for the San Miguel Ranch Project Site
("Project") to change the Land Use District for Planning Area G from SF4 to SF3, hereto
incorporated as Exhibit 2; and,
C. Prior Discretionary Approvals
WHEREAS, the Project site has been the subject matter of a Sectional Planning Area
(SPA) previously approved by City Council Resolution No. 19631 on October 19, 1999; and
WHEREAS, the Project site has been the subject matter of City Council Ordinance 2799
adopting Planned Community District Regulations, approved on October 19, 1999; and
WHEREAS, the Project site has been the subject matter of City Council Ordinance 2837
amending Ordinance 2799, and approving amendments and additions to the Planned Community
District Regulations, approved on June 12, 2001; and
WHEREAS, the Project site has been the subject matter of a third-tier Final Subsequent
Environmental Impact Report 97-02 (FSEIR 97-02) for the above SPA previously certified by City
Council Resolution No. 19630 on October 19, 1999; and
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on said project on
March 12, 2003, and voted - - to recommend that the City Council approve the amendments to
the San Miguel Ranch Planned Community District Regulations text in accordance with the
findings listed below. 7
ArrAGi1M.i-N' / .3
Ordinance No.
Page 2
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this Project held on March 12, 2003, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding.
E. City Council Record on Applications
WHEREAS, a duly called and noticed public hearing was held before the City Council of
the City of Chula Vista on , 2003 on the Project, and to receive the recommendations of
the Planning Commission, and to hear public testimony with regard to same; and,
II NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as
follows:
A. CERTIFICA TION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA), and has determined that the proposed
project was adequately covered in FSEIR 97-02. Thus, no further environmental review or
documentation is necessary.
B. INDEPENDENT JUDGEMENT OF CITY COUNCIL
The City Council exercised their independent review and judgement with respect to the
Addendum to FSEIR 97-02 in the form presented, and has determined that said document was
prepared in accordance with requirements of the California Environmental Quality Act, the State
EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista.
C. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS
The City Council hereby finds that the findings and determinations set forth in Ordinance
2799 continue to be true and correct, and the proposed amendments to the San Miguel Ranch
Planned Community District Regulations are consistent with the City of Chula Vista General Plan,
and public necessity, convenience, the general welfare and good zoning practice support the
proposed documents.
D. APPROVAL OF ZONING REGULATIONS
The City Council does hereby approve the amendments to the San Miguel Ranch Planned
Community District Regulations which to change the Land Use District for Planning Area G rrom
SF4 to SF3, as represented in Exhibit 2.
?
Ordinance No.
Page 3
III. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in the
event that anyone or more terms, provisions or conditions are determined by a Court of competent
jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be
automatically revoked and of no further force and effect ab initio.
IV. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
Ann Y. Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of ChulaVista,
California, this _th day of _,2003, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Steve Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
9
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPUCANT: TRIMARK PACIFIC HOMES MISCELLANEOUS W/INITIAL STUDY
PROJECT SAN MIGUEL RANCH
ADDRESS: PLANNING AREA "G" Request: Proposal for land Use Designation and Planned
Community DistrictAmendment reclassification of Neighborhood
SCALE: FILE NUMBER: "G" from SF4 to SF-3.
NORTH No Scale PCM-03-20 Related Case(s): IS-03-023
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EXH/I3IT :2.
Table 2-1
Chart of SPA Land Use Districts
Multi-family housing dwelling units for sale or
rent with a density not to exceed 18 units per
I
! gross acre.
_ n ________-+
I
Retad shopping center for uses serving the
community and neighborhood
SFE
Single Family Estate
L,K
SF]
1----;-
1-
Single Family Three J F, Q..H
..-..----.. ----------
!
SF2
-+ Single Family One
Single Family Two
,
,
1-
--------
SF3
SF4
Single Family Four
E,-6
- -----i--
I
I
----t--
SF5
Single Family Five
D
B
- -----------
SF A
Single Family Attached
c
I
!
I
-.:R _ ____~e~l~co~m~cia~4----~----n
CPF Community Purpose M cp*
Facility ! '
-----j-----
__~~__ j ___Ele_mentary_School_J___~_
i
,
i
MF
Multi-Family
A
-------------..----
CP
Community Park
CP
------------ ---------
NP Neighborhood Park NP
--------
OS-PR Open Space - Habitat OS-I, OS-6
Preserve
OS-TR Open Space - Trails and OS-2 to OS-5
Recreation OS-7 to OS-9
Single-Family Detached Homes on large lots.
Standard minimum lot size is 20,000 sf, except
that up to 25% of the total number of lots, may
be a minimum of15,000 sf, if an average lot size
of 20,000 sf is maintained.
Single-Family Detached Homes with minimum
lot size of7,OOO sf
Single-Family Detached Homes with minimum
lot size of 6,000 sf
Single-Family Detached Homes with minimum
lot size of 5,000 sf
----------------------
Single-Family Detached Homes with minimum
lot size of 4,500 sf
Single-Family Detached Homes with minimum
lot size of 4,000 sf, attached homes or
townhomes.
Single Family attached units such as
townhomes or condominiums.
Single Family attached units such as
townhomes and condominiums or high density
single-family detached units such as patio
homes, zero-lot-line, courtyard, or cluster units,
or detached condominiums.
---.-..---
-----
Community purpose facilities*
___...._____n._____._
Elementary school
------.------
Community park facilities, Community purpose
faciHties*
Private neighborhood park facilities
Natural open space areas - habitat preserves
---.-.------------
Natural and improved open space areas with
trails or other recreational uses
That portion of the required Community Purpose Facility acreage not provided at SPA Planning Area "M"
will be provided through additional net usable acreage in conjunction with the community park site.
.
San Miguel Ranch SPA Plan
Trimark Pacific San Miguel LLC
(3
Page 5
Volume 2 - PC District Regulations
Redline Revision - February 27,2003 f KI-i 115 i r
1-
Table 2-38
Development Standards
Residential Districts
Maximum
San Miguel Ranch Floor Area Ratio Building Area
District (F.A.R.) (Sq. Ft.)
SFE .45 N/A*
SFl .50 4500
SF2 .55** 4300
SF3 .60** 4000
SF4 .60** 3100 (E)***
J500 (0)
SF5 SP SP
SFA SP SP
MF SP SP
Table Notes:
* Maximum allowable building area will be regulated by coverage and setback regulations in the
SFE Land Use District.
**
The maximum allowable F .A.R. ' s in the SF2, SF3 and SF4 Districts are as follows. Lot numbers
are as shown on Chula Vista Tract 99-04, approved 2/29/00 (Tentative Map PCS-99-04):
SF2: .60 for lots 1-21,38-40, and 43-51 in Neighborhood I.
SF3: .65 for lots 6-8,11-15, and 37-41 in Neighborhood H.
SF4: .65 for lots 109-119 in Neighborhood E.
***
In the SF4 District, the maximum allowable building area shall by 3100 square feet in
Neighborhood E .>."d J500 O'juu,v foot in Ncii\l,t,c"I,ovd O.
SP-
Standards to be determined concurrently with Site Plan and Architectural approval.
San Miguel Ranch SPA Plan
Trimark Pacific San Miguel LLC
I~
Page 148
Volume 2 - PC District Regulations
Redline Revision w February 27,2003
G'f.HIGII 2.
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02/17/2003 MON 17:06 FAX
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4!JUU":::'
IilI 002
Appendix B
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
--'
1, List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
~~~~ct; t./?
A/,(/;/J- ~~ :n~1.tU
2. If any person. identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
~~
&:. ~4 If? w/
3. If any person. identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
4 Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes _ No
If yes, please indicate person(s):
5. Please identify each and every person, Including any agents, employees, consultants, or
independent contractors who you have assigned to represe ou before the 'ty in this matter.
~/,LEIl/ E: #r.sn1e ~. vr
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
'Councilmember in the current or preceding election period? Yes _ No _ If yes, state which
Councilmember(s):
(NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY)
~..." 'OJ'' /~~
Date:
'" Person is defined as: "Any individual, firm, co.partnershlp,joint Yenture, association, social club,freaternal orgonizalion, corporalioll,
estate, t/'Ust, receiver, syndicate, this and any other- county, city and country, city mzmlcipaUty. district, or other political subdivision. or any
other group or combiMtlon acting as " unit. ..
(S
A ItA c..H 1'\ i;..NT
u-
I
PLANNING COMMISSION AGENDA STATEMENT
Item No.::JfI 3
Meeting Date: 3/12/03
ITEM TITLE:
Public Hearing: Consideration of the final Project Environmental
Impact Report (EIR 02-05) for the Bella Lago Precise Plan, Rezone, and
Tentative Subdivision Map.
BACKGROUND:
In accordance with the requirements of the California Environmental Quality Act, a Final Project
EIR has been prepared to analyze the environmental impacts of the proposed precise plan,
rezone, and tentative parcel map. This staff report discusses the general content of the Final EIR
(FEIR) and focuses upon areas where significant environmental impacts were identified. CEQA
Findings of Fact, and a Mitigation Monitoring and Reporting Program (MMRP), have been
prepared that reflect the conclusions of the Final EIR. The Final EIR also contains comments and
responses to the comments received during the public review period.
RECOMMENDATION:
That the Planning Commission adopt;
. Resolution EIR-02-05 recommending that the City Council certify that the Project
Environmental Impact Report (ElR 02-05) has been prepared in accordance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines and the
Environmental Review Procedures of the City of Chula Vista; making certain findings of
fact; and adopting a Mitigation Monitoring and Reporting Program.
BOARDS/COMMISSIONS RECOMMENDATION:
The Resource Conservation Commission (RCC) reviewed the Draft EIR on February 3, 2003.
After reviewing and discussing the document, the RCC voted 5-0-0-1 (Chaves absent) to
recommend the certification of the Final EIR by the City Council. The RCC requested that minor
clarifications be made to the EIR, and found the document to be in compliance with the
California Environmental Quality Act (CEQA). The public comment period for EIR-02-05 was
closed at the Planning Commission meeting of February 12, 2003, at which time no comments
were received from either the public or Commission members.
DISCUSSION:
The Bella Lago EIR evaluates the environmental effects of the proposed precise plan, rezone,
and tentative parcel map. The Bella Lago Project involves the construction of 140 detached
single-family residential units on large estate size lots. The size of proposed parcels would range
from approximately 15,000 square-feet to 23,000 square-feet, with an average lot size of
....-.....-.--..-...-...-..----.-
Page 2, Item No.:
Meeting Date: 3/12/03
approximately 16,000 square-feet. The project site is 180 acres in size; 86.5 acres of the site
(and an additional 2.5 acres off site) would be dedicated as permanent open space.
The site would be accessed via two private roads connecting to Proctor Valley Road via a loop
road through Rolling Hills Ranch (RHR). Due to the project's reliance upon proposed roadways
through Neighborhoods lOB and II of Rolling Hills Ranch (Subarea III) for access to the site,
and the uncertainty of the timing for development of these neighborhoods, two scenarios have
been considered in the environmental impact analysis: I) Development of Bella Lago after
development of Subarea III, and 2) Development of Bella Lago prior to development of Subarea
111 of Rolling Hills Ranch. Environmental impacts for each scenario and associated mitigation
measures that would reduce all environmental impacts to below a level of significance have been
identified in the EIR.
It is important to note that all off-site impacts associated with road and utility construction
serving Bella Lago are adequately covered in the Rolling Hills Ranch ErR's (EIR-89-03,
Resolution Number 15870; EIR-89-06, Resolution Number 15295; and EIR-91-03, Resolution
Number 16554), the entirety of which have been incorporated by reference into EIR-02-05. The
mitigation measures that have been called out in ElR-02-05 should Bella Lago be developed
prior to RHR, are the mitigation measures stated in the RHR Environmental Impact Report that
address road construction and public utilities for Neighborhoods lOB and II of RHR.
The property owner of Bella Lago has reached an agreement with the City Of Chula Vista, the
US Fish and Wildlife Service, and the California Department of Fish and Game for on-site
preservation of habitat lands and off-site mitigation. Bella Lago is considered a covered project
under the City's draft MSCP Subarea Plan as long as the specific conditions of coverage and
other relevant measures identified in the Subarea Plan are implemented. The conditions of
coverage are called out on Pages 4.1-6 through 4.1-8 of EIR-02-05 and are incorporated as
project mitigation measures. As discussed below, the mitigation measures called out in the EIR
addressing impacts to sensitive habitats are sufficient to reduce impacts to below a level of
significance. These mitigation measures are incorporated into the Mitigation, Monitoring, and
Reporting Program (MMRP) for the project, and are not dependent upon the adoption of the
MSCP Subarea Plan by the City Of Chula Vista for implementation. The City's MSCP Subarea
plan is, however, scheduled for adoption by the Planning Commission and City Council in the
near future. Should the project proceed prior to the adoption of the MSCP Subarea Plan by the
City, the developer would be required to receive take authority from state and federal resource
agencies before developing the site.
ANALYSIS:
Each issue identified in the Notice of Preparation (NOP) was analyzed in EIR-02-05 to
determine if it would have a significant impact on the environment. EIR-02-05 identifies both
direct project level impacts and cumulative impacts associated with the Bella Lago development.
Direct project level impacts are those impacts that are directly attributable only to the project.
Cumulative impacts are those impacts which the project contributes to along with all of the other
projects reasonably being anticipated in the vicinity of the development. If the project results in
a cumulative impact, it means that by itself this project would not have resulted in a significant
___"_~___.'_"_._______.__~_"__.~___~__."___'M.._,,__ _
Page 3, Item No.:
Meeting Date: 3/12/03
impact (effect). However, when it is considered with existing and currently anticipated projects,
together they all result in a significant impact. Listed below are the environmental impacts
identified in the EIR-02-05 as significant. It is important to note that all impacts identified for
the project (both direct and cumulative) can be mitigated to a level of less than significant.
Biological Resources (Direct and Cumulative)
The Bella Lago site is an undeveloped area that contains a variety of sensitive biological
resources. Vegetation on the site consists primarily of native grassland and coastal sage scrub.
A riparian area exists at the northwest of the site. Sensitive wildlife identified either on or
near the site include the California gnatcatcher, golden eagle, horned larks, and white tailed
kites. The otay tar plant and variegated dudlia (narrow endemic species) are located on site.
According to the City's Draft MSCP Subarea Plan, the project is located within an area of
mostly high habitat value. Development of the project would substantially impact native
grassland and coastal sage scrub. The project would also result in the loss of other significant
resources including variegated dudleya, San Diego goldenstar, barrel cactus, and otay tar
plant. If Bella Lago were to develop prior to Rolling Hills Ranch, additional impacts to
biological resources resulting from off-site road construction through RHR would include
impacts to coastal sage scrub, native grassland, and wetlands. Impacts to biological resources
located on site will be mitigated through the dedication and maintenance of 86.5 acres of land
on site as permanent open space, as well as the dedication and maintenance of 2.5 acres of
suitable mitigation land off-site. Figure 4.1-2 of EIR-02-05 depicts the area on site to be
permanently preserved as open space. Off site impacts associated with the construction of the
access roads and utilities serving Bella Lago (should Bella Lago develop prior to RHR) are
mitigated in accordance with the RHR EIR, the entirety of which has been incorporated by
reference into EIR-02-05. Applicable mitigation measures from the RHR EIR have been
restated in the EIR-02-05. The cumulative impacts of the project upon regional biological
resources due to the loss of approximately 93 acres of habitat land are mitigated through Ihe
dedication of opeu space.
Noise (Direct)
Due to the relatively isolated and rural nature of the project site, noise impacts associated with
the Bella Lago development are very limited in scope. Based upon the City's noise standards,
significant impacts will only result from short term construction-related activities.
Construction related-activities such as grading and rock blasting could result in significant
noise related impacts to Neighborhoods JOB and 11 of Rolling Hills Ranch.
Construction/grading related activities could also result in significant noise impacts to wildlife
(particularly birds). Pursuant to the City Of Chula Vista's Noise Ordinance, a mitigation
measure of EIR-02-05 limits all construction and rock blasting activities to between the hours
of 7 a.m. to 7 p.m. Monday through Saturday. The developer will also be required to submit
a construction noise mitigation plan prior to the issuance of building permits in order to
address potential noise impacts to wildlife. No additional noise impacts would result if the
Bella Lago project were to precede Rolling Hills Ranch Neighborhoods lOB and II, since
Page 4, Item No.:
Meeting Date: 3/12/03
there would be no residential development to be impacted with construction related noise. The
required mitigation measures reduce noise-related impacts to less than significant.
Air Quality (Direct)
The proposed project could result in a short-term project specific significant impacts as a result
of grading and construction operations. Mitigation measures have been included in the FEIR
for dust control during these operations and the use of low pollutant-emitting construction
equipment. These mitigation measures will reduce the short-term impact to less than
significant. Operation impacts associated with the project have been considered to be very
limited in nature, and would not create a significant or cumulative air quality impact.
Cultural and Paleontological Resources (Direct)
The proposed project would result in impacts to two archaeological sites known to exist within
the proposed development area. These sites have been tested and found to not be significant
pursuant to CEQA. The proposed project could also result in significant impacts to unknown
subsurface archaeological materials that may be encountered during grading activities for the
project and associated road construction both on and off site. A potentially significant impact
to paleontological resources could occur if unknown paleontological resources were
encountered during grading and construction activities. Mitigation measures requiring
monitoring by a qualified archaeologist and a qualified paleontologist, as well as the collection
and storage of any artifacts or fossils found, have been included in the EIR-02-05. These
mitigation measures ensure that impacts upon cultural and paleontological resources are less
than significant.
Traffic, Circulation and Access (Cumulative)
The Bella Lago project would not result in significant direct traffic related impacts. The project
would, however, contribute to cumulative traffic impacts for the following intersections: East
H Street/Proctor Valley Road/Mount Miguel Road; Proctor Valley Road/Lane Avenue;
Proctor Valley Road/Hunte Parkway. Mitigation measures requiring the applicant to pay fair
share toward the construction of traffic signals at these intersections is required. Should the
Bella Lago project precede RHR Subarea III, then applicant would also be required to
construct road improyements proyiding access to the site. These mitigation measures ensure
that traffic impacts associated with the project are less than significant
Hydrology/Drainage (Direct and Cumulative)
The Bella Lago project would develop approximately 93 acres of the 180 acre site with
residential uses. Development of the site would introduce landscaping, impervious surfaces,
and new surface activities to the project area affectiug the existing hydrology, drainage, and
water quality. The project site is located above, and drains toward, the Upper Otay Reservoir.
Because Bella Lago is within the watershed of the Upper Otay Reservoir, a drainage system
Page 5, Item No.:
Meeting Date: 3/12/03
has been designed for the project that will capture and treat first flush and low flow run-off
coming from the site. Because the project could result in significant adverse impacts to
hydrology, drainage, and water quality, mitigation measures have been required that will
reduce these impacts to a level of less than significant. In accordance with City standards and
the requirements of the Regional Water Quality Control Board, Bella Lago, as well as other
developments, would be required to implement best management practices to reduce impacts to
the regional water system. Therefore, cumulative impacts on water quality would be mitigated
to a level of less than significant.
Geology (Direct)
The project site is underlain by expansive soils and contains volcanic rock formations. Due to
the swelling characteristics of expansive soils and the ditficulty in excavating the rock
formations on the site, the project would result in potentially significant impacts with regard to
geology and soils. The mitigation measures called for in EIR-02-05 would reduce these
impacts to a level of less than significant.
Public Facilities (Direct)
Development of Bella Lago would result in an incremental increase in sewer service demand.
No sewer facilities currently serve the project site. Sewer facilities would need to be
constructed to accommodate sewer flows from the project. A standard mitigation condition
applied to this project requires the developer to pay development fees, which would contribute
to funding for new sewer facilities and resources. Mitigation measures called out in the EIR
which call for the construction of sewer facilities, development fees, and compliance with the
City's policy regarding pumped sewerage flows would mitigate any impacts to sewer facilities
to below a level of significance. Should Bella Lago precede RHR Subarea III, the mitigation
measures require that the applicant construct off-site sewer improvements in Subarea III to
serve Bella Lago.
The Bella Lago project would result in an incremental increase in water consumption and place
additional demands on water storage and pumping facilities. As long as water facility
construction coincides with the development phasing of Bella Lago then there would not be any
significant impacts that would result from the development. The project would be served by the
980 Zone and 1296 Zone water systems. The 980 Zone pipeline would be extended to serve
future development within the Rolling Hills Ranch project site. The Bella Lago project would
receive water services by extending these facilities. If Bella Lago precedes RHR, then the 980
and 1296 Zone facilities would become off-site improvements to be constructed by Bella Lago.
The mitigation measures ensure that the construction of water facilities will coincide with the
development phasing of Bella Lago.
Development of Bella Lago would result in an incremental increase in calls for police service.
The Chula Vista Police Department estimates that the average emergency response time to beat
32, the beat in which the proposed development is located, is seven minutes and 35 seconds,
-. _.~....~~-----,---, .
Page 6, Item No.:
Meeting Date: 3/12/03
which is considered to be inadequate by City threshold standards. However, emergency
response times have improved significantly in recent years. In addition, development fees
which would be paid by the developer would help to fund additional patrol officers in the area.
The mitigation measure that requires the payment of development fees for police protection
services would reduce impacts to less than significant.
The project would result in an increase for fire and emergency response services at the project
site. The Chula Vista Fire Department (CVFD) currently meets the standard threshold
required for fire protection. According to the CVFD, the project would not present a direct
significant impact to fire protection services; however, the project will incorporate mitigation
measures to support a potential need for additional staffing associated with the project's
incremental effect to fire and emergency response services due to increased population in the
project area.
The proposed project would not provide parkland or recreational areas. A potentially
significant impact to recreational and park services could result without the contribution of
impact fees to help finance the needed park facilities and services. The mitigation measure
requiring the developer to pay park in-lieu fees would reduce impacts to parks to less than
significant.
The 140 unit project would generate some additional demand for schools. Specifically, the
project would result in 58 additional elementary school age children, 8 middle school age
children, and 10 high-school age children. The mitigation measure requiring the payment of
school impact fees for needed school services and facilities would reduce impacts to less than
significant.
The proposed project would generate new residents who would likely use the Eastlake Branch
Library, the Civic Center Branch Library, and the South Chula Vista Branch Library and their
resources. Based upon City standards, the estimated 451 residents of the proposed 140-lot
residential subdivision would result in the need for 226 square-feet of library space (at .5
square-feet per resident). The required payment of development impact fees would reduce
impacts to library services to less than of significant.
Less than significant impacts (requiring no mitigation measures) were identified III the
following environmental issue areas:
. Land Use, Planning and Zoning
. Landform Alterations/Aesthetics
. Agriculture
. Public Health and Safety
. Mineral Resources
. Population/Housing
Page 7, Item No.:
Meeting Date: 3/12/03
COMMENTS RECEIVED REGARDING DRAFT EIR:
Letters of comment were received on the Draft EIR from the following agencies and individuals:
U.S. Department of Fish and Wildlife
California Department of Fish and Game
San Diego Gas and Electric
Chula Vista Elementary School District
San Diego County Archaeological Society
State of California Governor's Office of Planning and Rese arch
McMillin Land Development
Sweetwater Union High School District
City of San Diego
The letters and responses are included in the Final EIR 02-05 (Attachment 2). All comments
received concerning EIR-02-05 have been fully addressed within the Final EIR.
REVISIONS TO DRAFT EIR:
Revisions to EIR-02-05 made as a result of public comment have been summarized on Page I
of the EIR-02-05. Minor typographical corrections have been made to information contained in
the Draft EIR; the Final EIR reflects the corrected information. None of the corrections made
to the document have resulted in modifications to conclusions regarding the significance of
impacts.
CONCLUSION:
All feasible mitigation measures with respect to project impacts for the Bella Lago Precise Plan
and Tentative Map have been included in the Final EIR-02-05 (see Mitigation Monitoring and
Reporting Program in Exhibit" B" to resolution of approval of EIR-02-05). As described
above, all impacts associated with the project and any required off-site improvements can be
mitigated to a level of less than significant.
The City has examined a reasonable range of alternatives to the proposed project, other than
the proposed project described in the Final EIR. Based on this examination, the City has
determined that neither of the alternatives meets the project objectives, or is enYironmentally
superior to the project (see Section XI of the CEQA Findings).
Staff believes that the Final EIR meets the requirements of the California Environmental Quality
Act and, therefore, recommends that the Planning Commission adopt the attached resolution
recommending that the City Council certify that the Project Environmental Impact Report (EIR
02-05) has been prepared in accordance with the California Environmental Quality Act (CEQA),
the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula
Vista; making certain findings of fact; and adopting a Mitigation Monitoring and Reporting
Program.
Page 8, Item No.:
Meeting Date: 3/12/03
FISCAL IMPACT:
The preparation and processing of the EIR is covered by the applicant's deposit account.
Attachments
1. Planning Commission Resolution EIR 02-05
Exhibit A - Findings of Fact
Exhibit B - Mitigation Monitoring and Reporting Program
2. Final EIR 02-05 (previously provided to Commissioners)
J :planning\steve\environmental\Bellaalago\eirreview\PCagendaSl<Hement
RESOLUTION 1\'0. EIR 02-05
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (EIR 02-05) FOR THE
BELLA LAGO PRECISE PLAN, REZONE, AND TENTATIVE
SUBDIVISION MAP; MAKING CERTAIN FINDINGS OF FACT;
AND ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, Bella Lago LLC, submitted an application requesting approvals of a
Precise Plan and Tentative Map for the Bella Lago subdivision ("Project"); and
WHEREAS, a Draft EIR 02-05 for the project was issued for public review on
December 30, 2002 and was processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public
hearing for Draft EIR 02-05 on February 12, 2003 to close the public review period; and
WHEREAS, a Final Environmental Impact Report (EIR 02-05) was prepared for
the Bella Lago Precise Plan and Tentative Map; and
WHEREAS, to the extent that the Findings of Fact for the Project, dated March
3, 2003 (Exhibit "A" of this Resolution, a copy of which is on file in the office of the
City Clerk), conclude that proposed mitigation measures outlined in Final EIR 02-05 are
feasible and have not been modified, superseded or withdrawn, the City of Chula Vista
hereby binds itself and the Applicant and its successors in interest, to implement those
measures. These findings are not merely inforn1ation or advisory, but constitute a
binding set of obligations that will come into effect when the City adopts the resolution
approving the project. The adopted mitigation measures contained within the Mitigation
Monitoring and Reporting Program, Exhibit "B" of this Resolution, a copy of which is on
file in the office of the City Clerk, are expressed as conditions of approval. Other
requirements are referenced in the Mitigation Monitoring and Reporting Program adopted
concurrently with these Findings of Fact and will be effectuated through the process of
implementing the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION of the City of Chula Vista does hereby recommend that the City
Council of the City of Chula Vista find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing on Draft EIR 02-05 held on February 12, 2003 and the
minutes and resolutions resulting therefrom, are hereby incorporated into the
record of this proceeding. These documents, along with any documents submitted
to the decision-makers, including documents specified in Public Resources Code
Section 21167.6, subdivision(s), shall comprise the entire record of proceedings
for any claims under the California Environmental Quality Act ("CEQA") (Public
Resources Code 921000 et seq.).
II. Final EIR 02-05 CONTENTS
That the final EIR 02-05 consists of the following:
I. Project EIR for the Bella Lago Precise Plan, Resone, and Tentative
Subdivision Map (including technical appendices); and
2. Comments and Responses
(All hereafter collectively referred to as "FEIR 02-05")
III. ACCOMPANYING DOCUMENTS TO FEIR 02-05
1. Mitigation Monitoring and Reporting Program; and
2. Findings of Fact
IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the Planning Commission does hereby find that FEIR 02-05, and the
Findings of Fact (Exhibit "A" to this Resolution, a copy which is on file with the
office of the City Clerk), and the Mitigation Monitoring and Reporting Program
(Exhibit "B" to this Resolution, a copy which is on file with the office of the City
Clerk) are prepared in accordance with the requirement of CEQA (Pub. Resources
Code, 921000 et seq.), the CEQA Guidelines (California Code Regs. Title 14
915000 et seq.), and the Environmental Review Procedures of the City of Chula
Vista.
V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION
That the Planning Commission finds that the FEIR 02-05 reflects the independent
judgment of the City ofChu]a Vista Planning Commission.
.... "_",----,.- .,.-"--,.- '-'---~---'" -..- ---..-,..
VI. CEQA FINDINGS OF FACT, AND MITIGATION MONITORING
AND REPORTING PROGRAM
A. Adoption ofFindings of Fact
The Planning Commission does hereby approve, accepts as its own,
incorporate as if set forth in full herein, and make each and everyone of
the findings contained in the Findings of Fact, Exhibit "A" of this
Resolution, a copy of which is on file in the office of the City Clerk.
B. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 02-05 and in the Findings of
Fact fot this project, which is Exhibit "A" to this Resolution, a copy of
which is on file in the office of the City Clerk, the Planning Commission
hereby finds pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091 that the mitigation measures described in the
above referenced documents are feasible and will become binding upon
the entity (such as the project proponent or the City) assigned thereby to
implement the same.
C. Infeasibility of Alternatives
As more fully identified and set forth in FE1R 02-05 and in the Findings of
Fact, Section XII, for this project, which is Exhibit "A" to this Resolution,
a copy of which is on file in the office of the City Clerk, the Planning
Commission hereby finds pursuant to Public Resources Code Section
2 I 081 and CEQA Guidelines Section 15091 that alternatives to the
project, which were identified in FEIR-02-05, were not found to reduce
impacts to a less than significant level or meet the project objectives.
D. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the Planning
Commission hereby adopts the Mitigation Monitoring and Reporting
Program set forth in Exhibit "B" of this Resolution, a copy of which is on
file in the office of the City Clerk. The Planning Commission further
finds that the Program is designed to ensure that, during project
implementation, the permittee/project applicant and any other responsible
parties implement the project components and comply with the mitigation
measures identified in the Findings of Fact and the Mitigation Monitoring
and Reporting Pro gram.
VII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed
after City Council approval of this Project to ensure that a Notice of
Determination is filed with the County Clerk of the County of San Diego. These
documents, along with any documents submitted to the decision-makers,
including documents specified in Public Resources Code Section 21167.6,
subdivision(s), shall comprise the entire record of proceedings for any claims
under the California Environmental Quality Act ("CEQA") (Public Resources
Code 921000 et seq.).
BE IT FURTHER RESOLVED THAT the Planning Commission of the City of
Chula Vista recommends to the City CounciJ that FEIR-02-05, and the Findings of Fact
(Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk),
and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, a
copy which is on file with the office of the City Clerk) have been prepared in accordance
with the requirement ofCEQA (Pub. Resources Code, 921000 et seq.), CEQA Guidelines
(California Code Regs. Title 14 9 I 5000 et seq.), and the Environmental Review
Procedures of the City ofChuJa Vista and therefore, should be certified.
BE IT FURTHER RESOL VED THAT a copy of this resolution be transmitted
to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA, CALIFORNIA, this March 12, 2003, by the following
vote, to-wit:
AYES:
NOES:
lc\BSENT:
ABSTENTIONS:
Russ Hall, Chairman
Diana Vargas
Secretary to Planning Commission
A TT ACHMENT 2 HAS BEEN PREVIOUSLY
PROVIDED TO COMMISSIONERS
Planning Commission Minutes
- 2-
February 12, 2003
1. PUBLIC HEARING: Close of public review period for the Bella Lago Environmental
Impact Report (EIR 02-05).
Background: Steve Power, Environmental Projects Manager stated that the purpose for
the hearing is to take any further public comments and subsequently close the 45-day
public review period for the Bella Lago Environmental Impact Report (EIR 02-05). He
further stated that the Planning Commission is due to review the project itself, as well
as the EIR on March 12, 2003.
MSC (Castaneda/Horn) (4-0-2) that the public review period be closed for the
Bella Lago Environmental Impact Report (EIR 02-05). Motion carried.
Attachment 3
RCC Minutes
- 2 -
January 13, 2003
MSC (Reid/Jasek) to approve the minutes of December 2, 2002 with the
abovementioned revision. Vote: (4-0-0-2) with Chavez and Bensoussan absent.
ORAL COMMUNICATIONS: None.
NEW BUSINESS
Agenda Items #1 and #2 were taken out of order.
2. EIR-02-05 - Bella Lago Precise Plan, Rezone and Tentative Tract Map
Mr. Steve Power (Environmental Projects Manager) reported that Bella Lago is an
approximate 180-acre planned community residential project located in the most
northeastern corner of Chula Vista, which would be accessed through Rolling Hills
Ranch. The project site is planned for 140 single-family homes on 93 acres. The
remaining 86.5 acres is open space. The Environmental Impact Report (EIR)
analyzed all the aspects of potential environmental concerns anticipated in an EIR.
There are no significant impacts that cannot be mitigated to below a level of
significance.
Commission Comments
Chair Thomas asked if the site was degraded. Ms. Marilyn Ponseggi (Environmental
Review Coordinator) indicated that the site is not degraded. It has to do with the type
of habitat that is up there. There are a variety of trails throughout that area. There is
an access road for the SDG&E easement that goes through the southern portion of
the project.
Vice-Chair Reid noted that, at the top of Page ES-3, there was a reference to the
North City Preserve Management Area. Ms. Ponseggi stated that the MSCP is
divided up into three preserve areas for planning purposes, and Bella Lago is in the
North City Preserve area.
Vice-Chair Reid noted that the mitigation measures for hydrology/water quality were
tied to a Tentative Map approval. He was wondering if those should really be at
grading plan or at a later date. Ms. Ponseggi indicated that the Attorney's office had
been advising staff that the rnitigation rneasures are first tied to the Tentative Map,
which is a discretionary action.
Vice-Chair Reid noted that the regional rnap, Figure 2-1, was not up to date and
should be replaced. He questioned seyeral points in the EIR, such as mass or
phased grading, timeframe of buildout and location of the bicycle and walking
pathway. All were answered to his satisfaction.
Chair Thornas was concerned about off-site purchase of mitigation land. Ms.
Ponseggi assured her that the first priority was to rnitigate within the City's Preserve.
RCC Minutes
- 3 -
Januarv 13. 2003
Chair Thomas stated that there should be an update to the impacts of the water
supply. Ms. Ponseggi indicated that the Otay Water District has told staff that they
have adequate facilities and adequate supply to serve this project. Mr. Tom Adler
(Assistant Engineer II) indicated that the Otay Water District owns a reservoir in the
Preserve.
MSC (Jasek/Reid) to recommend certification of the EIR. Vote: (5-0-0-1) with
Chavez absent.
1. IS-03-10 - Corporate Plaza Parking Structure, 678 Third Avenue
Mr. Paul Hellman (Environmental Projects Manager) displayed a site plan of the
proposed project. The 1.7-acre site currently contains a multi-story commercial
office building and a parking lot. The proposed project consists of the construction of
a 3-level parking structure within the western portion of the project site to
accommodate the parking needs of the existing on-site commercial office building.
The proposed parking structure would increase the number of on-site parking
spaces from 166 to 239. Single-family residential is immediately west of the
structure. The primary issue addressed in the Initial Study was noise. Three noise
measurements were taken along the western perimeter of the project site on two
separate days. A noise study determined that no significant noise impacts would
result; therefore, no mitigation was required. Another issue was aesthetics. Because
the 25-foot high parking structure is only 10 feet away from the property line of
single-family residential, aesthetics were looked at very carefully. To achieve a
greater degree of coverage, large trees will be planted along the western boundary
and a 3-foot high concrete wall along the western fa<;:ade of the second and third
levels of the parking structure would aid in screening vehicles from view.
Commission Comments
Commissioner Bensoussan asked about visibility from Third Avenue. Mr. Hellman
stated that the parking structure would be in the rear. You could catch a quick
glimpse of it through the surface parking lots north and south of the office building.
Commissioner Bensoussan asked if this was a free parking lot. Mr. Hellman
indicated that it is only for the use of the existing private office building. Mr. Tom
McCabe (McCabe Harris, 1909 State Street, San Diego, CA 92101) stated that there
is a tremendous demand for additional parking at this office building.
Chair Thomas asked if the parking spaces would be wide enough to get in and out of
SUV-type vehicles because that is a problem in some places. Mr. McCabe indicated
that the spaces are 9 feet wide.
Commissioner Bensoussan asked about security issues since the structure is open
and would only be occupied during the day. Ms. Ponseggi indicated that projects are
- -- "-.._.----_.._.-._...~._._._,,..._.._-.._-----_.----"". _._._..,~-
MIT/GA nON MONITORING AND REPORTING PROGRAM
MITIGATION MONITORING AND REPORTING PROGRAM
The analysis in Section 4, Environmentallmpact Analysis, of the EIR indicates that potentially significant
adverse environmental impacts may occur with the proposed Bella Lago Precise Plan, Rezone, and
Tentative Tract Map project. A number of mitigation measures are recommended for the identified
significant adverse impacts under each environmental issue area under consideration. The City of Chula
Vista would choose to adopt these mitigation measures for the development of the large, estate residential
uses under the proposed Bella Lago Precise Plan. Rezone, and Tentative Tract Map project at the time, and
it~ the City determines to certify the Final EIR.
Section 21 08 1.6 of the Public Resources Code requires a public agency to adopt a monitoring and reporting
program for assessing and ensuring the implementation of required mitigation measures applied to proposed
developments. Specific reporting and/or monitoring requirements that will be enforced during project
implementation shall be adopted coincidental to final approval of the project by the responsible decision
maker(s). In addition, pursuantto Section 21081 (a) of the Public Resources Code, findings must be adopted
by the decision-maker regarding the adoption of the monitoring program, coincidental to certification ofthe
Final EIR.
In accordance with Public Resources Code Section 21081.6, this Mitigation Monitoring and Reporting
Program (MMRP) has been developed for the proposed Bella Lago Precise Plan, Rezone, and Tentative
Tract Map project. The purpose of the MMRP is to ensure that implementation ofthe development proposed
under Bella Lago complies with all applicable environmental mitigation and permit requirements. The
MMRP for the proposed residential development designates the City ofChula Vista and its subconsultants
as responsible for the implementation of mitigation measures, with the City Planning and Building
Departments as responsible for verification for mitigation compliance, review of all monitoring reports,
enforcement actions, and document disposition.
This mitigation monitoring and reporting program shall be considered by the City of Chula Vista, prior to
completion ofthe environmental review process, to enable the decision-maker's appropriate response to the
proposed project. In addition, the following language shall be incorporated as part ofthe decision-maker's
findings of fact, and in compliance with requirements of the Public Resources Code.
In accordance with the requirements of Section 2108l(a) and 21081.6 of the Public Resources Code, the
City of Chu1a Vista will need to make the following additional findings:
. Site plans and/or building plans, submitted for approval by the responsible monitoring agency, shall
include required mitigation measures/conditions; and
. That an accountable enforcement agency and monitoring agency shall be identified for mitigation
measures/conditions adopted as part of the decision-illIker's final detennination.
Exhibit B
Bella Laga Precise Plan, Rezone, and Tentative Tract Map EJR
Page MMRP-I
MITIGA TlON MONITORING AND REPORTING PROGRAM
MITIGATION MEASURES
As indicated earlier, the proposed residential development proposed under the Bella Lago Precise Plan,
Rezone, and Tentative Tract Map project would be subject to standard conditions, which include existing
City, County, State and Federal regulations. In addition, a number of mitigation measures have been
recommended to reduce or avoid the potentially significant adverse impacts associated with development
under the Bella Lago Tentative Map. These mitigation measures are listed below. Table I, Mitigation
Monitoring and Reporting Program For Impacts Occurring After Rolling Hills Ranch Subarea Ill,
identifies the measures required for the project. Table 2, Additional Mitigation Monitoring and Reporting
Program jor Impacts Occurring Prior to Rolling Hills Ranch Subarea Ill, identifies additional mitigation
measure that would be required ifthe Bella Lago project developed before the development of Subarea III.
Responsible parties, the time frame for implementation, and the monitoring parties are also identified for
each measure. The mitigation measures are primarily the responsibility of the developer, as the primary
proponent for the development of Bella Lago. In order to determine if the developer or his subconsultants
have implemented these measures, the method of verification is also identified, along with the City
department or agency responsible for monitoring/verifying that the mitigation measure has been
implemented.
Bella Lago Precise Plan, Rezone, and Tentative Tract Map ElR
Page MMRP-2
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PLANNING COMMISSION AGENDA STATEMENT
Item:~
Meeting Date: l/12/0l
ITEM TITLED
PUBLIC HEARING: Consideration of the following application filed
by Bella Lago LLC:
a. PCZ-OI-04; approving amendments to the Zoning map or
maps established by Section 19.18.010 of the Chula Vista
Municipal Code rezoning 180 acres east of the future SR-125
freeway and north of Proctor Valley Road, from PC (Planned
Community) to RE-P (Residential Estates with a Precise Plan "P"
Modifying District).
b. PCM 02-12; approving a Precise Plan for 180 acres to be
known as the Bella Lago Precise Plan.
c. PCS 03-03; approving a Tentative Subdivision Map to
subdivide 180 acres east of the future SR-125 freeway and north
of Proctor Valley Road into 140 single-family residential lots.
The applicant, Bella Lago LLC, has submitted an application to change the zoning of 180 acres
east of future SR-I25 north of Proctor Valley Road ftom PC (Planned Community) to RE-P
(Residential Estate with a Precise Plan "P" Modifying District). The applicant also submitted
applications requesting approval of a Precise Plan and Tentative Map to subdivide the 180 acres
into 140 residential and 4 open space lots.
A Final Environmental Impact Report for this Project (FEIR-02-05) has been previously certified
by the Planning Commission and; therefore, no further action regarding the Project's
environmental status is necessary.
RECOMMENDATION:
Adopt attached Resolution PCZ-OI-04, PCM 02-12 and PCS-03-03 recommending that the City
Council approve the Rezone, Precise Plan and Tentative Subdivision Map, Chula Vista Tract 03-
03, in accordance with the findings and subject to the conditions contained in the attached Draft
City Council Resolution and Ordinance.
BACKGROUND:
The project site is located within the Eastern Territories Planning Area, which is the largest
planning area covered by the City's General Plan. The City's Eastern Territories contains
approximately 37,600 acres, of which approximately 14,200 have been identified as developable
land. The project site was originally annexed into the City and into the Eastern Territory
planning area in 1996, and pre-zoned to PC (Planned Community) (See Attachment 4, Figure I:
Major Projects Map).
3-1
Page 2, Item:
Meeting Date: ]/12/0]
The Bella Lago site is located adjacent to the Rolling Hills Ranch (a.k.a. Salt Creek Ranch)
Subarea III, which will consist of approximately 600 acres and a total of 425 low-density (0-3
du/ac) units. Vehicular access to the project site is provided via Rolling Hills Ranch (Subarea
III) internal vehicular circulation system. Thus, Bella Lago will be developed after Rolling Hills
Ranch (RHR), unless the applicant develops the necessary infrastructure within RHR to provide
vehicular access and services to the future residents of Bella Lago.
The Rolling Hills Ranch Master Tentative Map contains specific conditions requiring two access
points from the RHR (Subarea III) to the proposed project: one along the northern boundary and
one along the eastern boundary. These access points, as originally envisioned in the Salt Creek
Ranch (SCR) Master Tentative Map, have been modified to reflect the actual subdivision design
of the two projects. (See Attachment 4, Figure 2: Off-Site Circulation Plan).
The City of San Diego, the County of San Diego, and 10 other jurisdictions, including the City of
Chula Vista, have prepared the MSCP/NCCP Sub-regional Plan for an approximately 900
square-mile area in southwestern San Diego. To implement the MSCP/NCCP Program, the City
of Chula Vista has prepared a Subarea plan in collaboration with the United States Fish and
Wildlife Service (USFWS), the California Department of Fish and Game (CDFG), property
owners and other interested persons. The Subarea Plan is an implementing plan to allow "take"
of certain covered species incidental to land development, which are authorized by the City of
Chula Vista. The MSCP Subarea Plan is tentatively schedule for consideration by the Planning
Commission and City Council on March 18,2002.
After extensive negotiations with USFWS, CDFG and the City, Bella Lago was determined to be
a "Covered Project", which means that all project impacts have been mitigated through a
combination of avoidance, preserve, design, and off-site mitigations. As a "Covered Project,"
the environmental Preserve boundaries have been established. A total of 86.5 acres of habitat
land found on-site (primarily the northern end of the parcel) would be conserved as part of the
North City Preserve Management Area, plus an additional 2.5 acres off-site, for a total of 89
acres of open space. The remaining portion of the site (93.5 acres) accommodates the proposed
development (See Attachment 4, Figure 3: Environmental Preserve Map).
DISCUSSION:
1. Existing Site Characteristics
The project site is located east of the future SR-125, north of Proctor Valley Road in the
northeastern area of the City of Chula Vista. The site is located immediately northeast of
the approved Rolling Hills Ranch (Subarea III), southeast of San Miguel Mountain and
northwest of the Upper Otay Reservoir (See Attachment 4, Figure 4: Regional Locator
Map).
-3- P..
Page 3, Item:
Meeting Date: ]/12/0]
The project site, which is currently undeveloped and generally undisturbed, is an inverted,
L-shaped parcel with slopes running north to south and a ridge extending through the
central portion of the site. Elevations of the site range trom 1,170 feet above mean sea level
(AMSL) in the north to 670 feet AMSL in the south (See Attachment 4, Figure 5: Site
Topography). The site has unobstructed views to the Upper Otay Lake Reservoir to the
south and east and is bisected by a 200-foot utility easement along the southern portion of
the site.
Access to the site is provided via Rolling Hills Ranch (Subarea III) in two locations:
Neighborhood lOB and Neighborhood 11 (See Attachment 4, Figure 2: Off-Site
Circulation). These access points are linked to the Sub-area III loop road, connecting the
two projects to Proctor Valley Road, future SR-125 and other regional transportation
conidors.
Sl1ITonnnine T ~nc1 T T~p.~
C.V Muni General Plan Land Use
Code 1 Zoning Designation
Site PC Low Density Residential
(0-3 dus/ac)
South PC Low Density Residential
(0-3 dus/ac)lOpen space
East PC Open Space
West PC Low Density Residential
(0-3 dus/ac)
North PC Open Space
Existing Lang Use
Vacant
Open Space
Open Space
Vacanti
Single-Family Residential
Open Space
2. Project Description
Rezone
The proposed rezone consists of changing the current zoning trom PC (Planned
Commnnity) to RE-P (Residential Estates with a Precise Plan "P" Modifying District). The
RE Zone District is intended for estate type lots. The Precise Plan Modifying District is
included to allow the diversification of spatial arrangement of buildings, landscaping, open
space, as well as have a greater control of the location, height, size and setbacks of
buildings and other accessory structures. Once adopted, the Precise Plan will take
precedence over the otherwise applicable RE zoning regulations. However, if the Precise
Plan does not address a specific condition, then the RE Zone District Regulations and the
Zoning Ordinance will apply.
$-3
Page 4, Item:
Meeting Date: J/12/OJ
Pr~r.l~e Phm
Pursuant to Section 19.56.040 of the Municipal Code, a Precise Plan has been prepared to
address the unique development opportunities offered in the Bella Lago site. The Bella
Lago Precise Plan contains the following Sections: 1) Development Plan, addressing
grading, circulation and site design influences; 2) Development Requirements addressing
affordable housing, park acquisition and development, public facilities and development
phasing; 3) Development Regulations, addressing specific property development
parameters, including building setbacks, permitted uses and fuel management program; 4)
Design Guidelines addressing project architecture, landscape architectural guidelines and
community walls and fences; and 5) Administrative Procedures (See Attachment 5).
Tp.nt::\tlVp. M::1p
The Tentative Map subdivides 180 acres into 140 residential lots and 4 open space lots at a
density of .78 dwelling units per acre. Lot sizes range !Tom 15,008 square feet to 97,549
square feet with the project having an average lot size of 23,413 square feet. The building
pads range from 8,823 square feet to 29,975 square feet with an average pad size of 16,143
square feet. The four open space lots (Lots 141-144) encompass a total of approximately
86.5 acres, and include a 200-foot wide power easement, a steep canyon at the south end
and the MSCP preserve lot at the northern end. (See Attachment 4, Figure 6A and 6B:
Tentative Map).
It is anticipated that the project will be developed south to north in two phases: The first
phase consists of the southerly 82 residential lots and second or remaining phase, the
northerly 58 lots. (See Attachment 4, Figure 7: Phasing Plan) The open space lots will be
dedicated concurrent with the first phase of development.
ANALYSIS:
1. Rezone
The proposed rezone from PC (Planned Community) to RE-P (Residential Estate with a
Precise Plan "P" ModifYing District) will allow the Bella Lago development to rely on the
adopted RE Zone District standards instead of creating General Development and SPA
Plans for 140 residential lots. The "P" Modifying District provides the flexibility to
customize development regulations and property development standards appropriate for the
unique opportunities and constraints offered on the site. Thus, rezoning the property RE-P
results in a simpler process without compromising the density and residential quality
expected under the PC zone district. To address the specific development parameters and
other unique conditions of the project site, the project proposal includes a comprehensive
Precise Plan.
The RE Zone District is intended for estate type lots and requires 20,000 square-foot lots at
a density range of 0-3 dwelling units per acre. However, the Chula Vista Municipal Code,
3-</
Page 5, Item:
Meeting Date: 1/12101
Section 19.22.090, states that if the overall density of the site in a R-E zone is maintained,
then the proposed lot sizes may be reduced to 75% of the minimum lot size for that same
zone or 15,000 square feet for not more than 25% of the project's lots. The minimum lot
size has been reduced from the required 20,000 square feet in the RE Zone district to
15,000 square feet in order to compensate for the 86.5 acres of open space that the
Developer will dedicate as open space under the MSCP program. Additionally, the
Tentative Subdivision Map, Chula Vista Tract 03-03 and Precise Plan, have been designed
with 76.5% of the lots at a minimum of 20, 000 square feet and 23.5% at a minimum of
15,000 square feet. This lot size distribution is allowed in the RE Zone District.
Thus, the Precise Plan's 15,000 square foot minimum lot size is consistent with the RE
Zone District's required lot size when combined with the above mentioned lot size
reduction section of the Municipal Code.
2 Precise Plan
The Precise Plan establishes development regulations and standards for Bella Lago; refines
and implements goals, objectives and polices of the City's General Plan and establishes the
planning design parameter for the site. The main Precise Plan components are as follows:
T ~nc1 TT<e Pl~n
The Land Use Plan divides the project into two main components: 86.5 acres in four
separate open space lots intended to preserve the site's sensitive biological resources and
93.07 acres designated SFE (Single-Family Estate) where 140 lots would be developed in a
series of cul-de-sacs served by a spine road. The Precise Plan envisions one and two-story
homes ranging in size from 3,000 to 5,500 square feet of living space and ample outdoor
area (See Attachment 4, Figure 8: Land Use Plan).
rlTC:lll~tion Phm
On-site circulation consists of a 62-foot right-of-way central, north/south spine road (Via
Maggiore Street) serving several residential cul-de-sacs (58-foot right-of-way) on both
sides (See Attachment 4, Figure 9: On-site Circulation). Each street will have 5-foot
sidewalks on both sides separated from the travel lanes by 8- foot landscaped parkways (See
Attachment 4, Figure 10: Street Cross Sections). To take advantage of the easterly views,
the end of the cul-de-sacs along the eastern edge of the project have been left open. The
result is an enhanced street scene with unobstructed views to the San Miguel Mountains
and Upper Otay Lakes Reservoir. The internal circulation pattern and lot layout follows the
site's existing landform by designing the road system parallel to the existing contours.
As indicated above, access to the site is provided via Neighborhoods lOB and I I of the
Rolling Hills Ranch (Subarea III). The Bella Lago neighborhood will use the Subarea III
loop road to access major east/west transportation corridors and the future SR-125. Access
to the Bella Lago property is dependent on public roadways through the approved Rolling
3-S-
Page 6, Item:
Meeting Date: 1/12/01
Hills Ranch (Subarea III) project. Currently, Subarea III is undeveloped and no roadways
exist through the site. In the event that the development of Bella Lago occurs prior to
(Subarea III) of Rolling Hills Ranch, the Developer of Bella Lago will be responsible for
all mitigation measures and street improvements within Rolling Hills Ranch necessary to
provide vehicular access, drainage, sewer, and water facilities for Bella Lago.
Concept Gr"dinE
The proposed development of the 140 single-family residences within the Bella Lago
community will result in the grading of approximately half of the site (93.07) acres and
approximately 600,000 cubic yards of cut and fill, balanced on-site. Grading includes
perimeter fill slopes ranging in height up to 79 feet on the eastern side with cut slopes
ranging up to 40 feet to the north. Grading of the site will generally follow the natural,
gently sloping topography of the developable portion of the site, and will include sensitive
landform grading techniques in order to preserve the natural drainage areas within the
project site (See Attachment 4, Figure I I: Concept Grading). The northerly portion of the
site will remain in its natural state as MSCP Preserve lands.
nT~in:1e;e
Runoff from the project site currently flows naturally over undisturbed lands and into the
Upper Otay Reservoir. Bella Lago and a portion of the adjacent Rolling Hills Ranch
project are tributary to the Upper Otay Reservoir, a potable drinking water facility for the
City of San Diego.
The City of San Diego established a non-degradation policy for the Otay Basin. This
policy does not permit an increase in pollutants resulting from project developments in the
Upper Otay Basin.
The Bella Lago storm drain system has been designed to collect the first flush nuisance
water flows in a series of small drainage basins at the eastern ends of the proposed cul-de-
sacs for transfer to a larger detention basin in the southern portion of the site. These first
flush flows will be treated and then diverted via an underground force main through
Rolling Hills Ranch and into the Salt Creek Basin. The remaining flows, absent the first
flush, will be collected in underground storage facilities located at the ends of the cul-de-
sac and then slowly dispersed into the natural drainage courses that have historically carried
such flows. See Section III of the Precise Plan (Attachment 5) for additional information
on drainage.
In the event that the development of Bella Lago occurs prior to Sub-area III of Rolling Hills
Ranch, the developer of Bella Lago will be responsible for constructing the Rolling Hills
Ranch storm drain system to serve the site.
Property Development St"ndards
Included within the Precise Plan's Development Regulations Section, are the Bella Lago
3-(?
Page 7, Item;
Meeting Date: 1/12101
Property Development Standards. See Section IV of the Precise Plan (Attachment 5) for
additional information on the proposed standards. These standards establish the
development regulations for the site, such as building type, height, location, lot Size,
density and other similar development regulations.
The following table provides a comparison between the adopted RE Zone District and the
proposed development standards.
Development R-E Residential Bella Lago Precise Plan
Standards Estate Zone Land Use District SFE
Single-Family Detached Single-Family Detached
Pennitted Uses Dwelling Crop and Tree Dwelling
Fanning
Main Building Height
(Maximum) 28 feet 28 feet
Main Building Stories
(Maximum) 212 2Y2
Lot Coverage
(Maximum) 40% 40%
Lot Area
(Minimum) 20,000 square feet 15,000 square feet
Lot Area Reduction
(Minimum)* 15,000 square feet **
Lot Frontage
(Minimum) 100 feet 100 feet
Setbacks (Minimum)
Front Yard 25 feet 25 feet
Exterior Side Yard 15 feet 15 feet
Side Yard 10 feet 10 feet
Rear Yard 25 feet 20 feet
Floor Area Ratio
(Maximum) .45 .50
Off Street Parking 2 2
* Section 19.22.090 - Minimum lot area-Reduction permitted when.
In the R-E zone, if the overall net density oflots per acre meets the requirements of the particular
zone classification, the minimum lot size may be reduced to seventy-five percent of said minimum
ror not more than twenty-five percent of the lots within the area being subdivided. (Ord. 1356 gl
(part), 1971: Ord. 1212 ~ 1 (part), 1969; prior code ~33.502(H)(2)).
** Bella Lago proposes 33 residential lots with a lot size of at least 15,000 square feet or 23.5 % of
the 140 residential lots. The remaining residential lots (105) meet or exceed the R-E zone
minimum lot size of 20,000 square feet.
.3-7
Page 8, Item:
Meeting Date: J/12/m
Fuel Monifi,,"tion Zone Pl"n (FMZP)
Inc]uded, as part of the Bella Lago Precise Plan, is a Fuel Modification Zone Plan
(FMZP). An outside consultant in conjunction with City Departments including Fire and
Planning and Bui]ding and Parks and Building Construction prepared the Bella Lago
(FMZP). The plan is based upon a "Behave" modeling process that analyzes the fuel
source (vegetation type, height, and density), prevailing and historical wind patterns,
topography and atmospheric humidity to determine the required fire mitigation for the
site. The plan concluded that a landscaped and irrigated 50' perimeter fuel buffer zone
surrounding the development area would be acceptable (See Attachment 4, Figure ]2:
Fuel Buffer Zone Map). Plant materials proposed in this zone must be selected from an
approved Firewise plant palette, with no trees or shrubs taller than 18" allowed. The
intent of the buffer zone would be to adequately separate the native vegetation (fuel
source) rrom the proposed residential structures. This combined with a maintenance
responsibility plan, landscaping standards for yard landscaping, as well as fire resistant
construction of the dwellings within the Bella Lago development is designed to prevent
damage and destruction of the proposed structures, while at the same time preventing
structure fires from escaping into and destroying the preserve and opens space habitats.
See Section IV of the Precise Plan for additional information on the Fuel Modification
Zone Plan.
Air Qu"lity Improvement Pbn
In accordance with the City of Chula Vista Municipal Code (Section ]9.09.050b), the
developer has prepared the Air Quality Improvement Plan. The AQIP is appended to the
Precise Plan. This analysis was prepared to ensure that the proposed development utilizes
the Best Avai]able Control Technology (BACT) to reduce adverse air quality impacts
attributable to the project. Furthermore, the City identifies additional action measures to
improve air quality within its Carbon Dioxide Reduction Plan. This plan encourages
minimizing urban sprawl and the incorporation of public transit, pedestrian and bicycle
uses within new developments.
The developer proposes to implement the Comfort-wise SM, SDG&E EnergyStar SM or
custom Community Energy Efficiency Program (CEEP) building program on all units
within the Bella Lago development. In addition, the following project design will have a
direct effect in reducing the development's contribution to adverse air quality impacts:
1. The project proposes a l2-foot wide path to encourage alternate transportation
means, such as biking and walking;
2. The project contains three detention" basins and landscape areas, forming an
ornamentally landscaped green belt;
3. All homes will be wired for telecommuting, encouraging home office uses, thus
lowering the nurnber of project generated car trips;
4. The project site will include dense landscaping which will exceed the minimum
City requirements;
3-'7
Page 9, Item:
Meeting Date: J/t 210J
5. The 50-foot wide fuel management zone surrounding the site will create
approximately 10 acres of additional open space; and,
6. The increased pad to lot ratio is large so as to increase open space on each lot.
The measures will provide additional relief to local air quality impacts and are consistent
with the City's reduction plan. The Tentative Map contains a condition requiring the
applicant to comply and remain in compliance with the AQIP (See Attachment 5, Precise
Plan Appendix E).
W~te:r r()n~erv~ti()n Phm
The Bella Lago Precise Plan Water Conservation Plan (WCP), which is a requirement of
the City's Growth Management Ordinance, presents technologies and practices that result
in water conservation for the proposed residential development. The WCP is appended to
the Precise Plan (See Attachment 5, Precise Plan Appendix D). The identified measures
will be incorporated into the planning and design of Bella Lago, resulting in a more
efficient use of water and reduction of water usage. Both State and local government
mandated, and non-mandated measures are identified in the analysis. Implementation of
these measures, as well as the monitoring and reporting on the effectiveness of the
measures, is the responsibility of the Developer.
For the Bella Lago project, the developer will include hot water pipe insulation, pressure
reducing valves, water efficient dishwashers, and landscape guidelines. The result is an
estimated water savings of 10,481 gallons per day for the development. In addition, the
developer will offer other non-mandated conservation options to homebuyers, such as:
Evapotranspiration Controllers, Dual Flush Toilets, High-Efficiency Washing Machines
and Hot Water On-Demand Units.
Affor<1ahle Hm"inr
The Housing Element of the General Plan identifies comprehensive policies and
programs dedicated to providing adequate and affordable housing opportunities for all
segments of its population. Key among these policies is the affordable housing policy
which requires that residential development with 50 or more dwelling units provide a
minimum of 10% of the total dwelling units for low and moderate income households,
one-half of these units (5% of the total project) being designated to low income and the
remaining 5% to moderate households.
In order to comply with this policy, the City will require that the developer of Bella Lago
enter into an affordable housing agreement with the City prior to recordation of the first
final map or approval of grading plans, whichever occurs first. The agreement includes
and requires compliance with one of the following alternatives: 1) Purchase off-site
affordable housing credits within a surrounding development located within the City of
Chula Vista's eastern area; or 2) Pay in-lieu fees in an amount determined by the City of
Chula Vista.
3-7
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Page 10, Item:
Meeting Date: 3/12103
l'arks
The proposed development will not be required to dedicate and construct parkIands due
to its limited size. The developer will be required to pay in-lieu fees for both dedication
and construction of the project's development fairshare contribution based upon the
City's Parkland Dedication Ordinance (PLDO). The following table illustrates the total
in-lieu fees based upon the current fee schedule:
Land Use Dwel1jng Person/DU Population Acre! 000 Fee in.]ieu of Parkland Total Fee
Units (DU) pop. Dedication Development
Oblio-ation
SingJe- 140 1.48 207.2 .42 acres $608.440.00 $493,220.00 $1,101,660.00
Famnv
The actual amount to be collected will be based on the fees in effect at time of recordation
of the Project's Final Map.
Tnm~it.
Transit services provided on Proctor Valley Road do not reach easterly to the project site.
Currently, the City has no program to extend such service to Bella Lago. However, if
demand exists in the future, the City would consider implementing a "Green Car" service
to the area. The "Green Car" service represents local circulators using mini- to mid-size
buses and functions as a collector/feeder to the "Blue and/or Red Car" regional
transportation services. There are no transit station requirements for this project.
3. Tentative Map
Sl1hc1ivi~ion ne~iEn
The design of the Bella Lago subdivision includes two objectives: I) Provide for a
continuation of RoIling Hills Ranch (Subarea III) residential neighborhoods; and 2)
Provide a circulation and grading concept, which emphasizes the views of the
surrounding mountains to the east and Upper Otay Lakes to the south.
The subdivision consists of two main components: four open space lots totaling
approximately 86.5 acres, and 140 residential lots on 93.5 acres. The project proposes
76.5% ofthe lots (107 lots) at 20,000 square feet or more, and 23.5% (33 lots) are 15,000
square feet or more, but less than 20,000 square feet. The average lot size is 23,413
square feet. The reduction in minimum lot sizes on 23.5% of the lots is necessary to
compensate for the dedication of approximately 86.5 acres of a on-site environmental
preserve. Additionally, the proposed mix of lot sizes is consistent with the westerly
adjacent Rolling Hills Ranch (Subarea III) approved subdivision design (see Figures 6A
and 6B) and the RE Zone District Property Development Standards.
The subdivision's net building pad sizes range from 8,823 square feet to 29,975 square
3 -/Ci
Page 11, Item:
Meeting Date: 1/12/01
feet, averaging 16,143 square feet. The building pad sizes are consistent with Rolling
Hills Ranch (Subarea III) Neighborhood, providing a seamless transition. The RE Zone
does not require minimum building pad area.
The vehicular circulation and grading concept enhances the views from the project to
both the east and south. A "spine road", to be known as Via Magiorre, traverses the site
in a north/south direction. This road is designed with a right-of-way width of 62 feet and
features a 36-foot wide travel lane and 8-foot wide landscaped parkway on both sides
with 5-foot sidewalks. Extending in an east and west direction are proposed cul-de-sac
streets with open views of surrounding hillsides. Connecting these cul-de-sacs is a
pedestrian/maintenance access road with open views to the east.
The site will be graded in a terraced fashion, following the natural topography of the site.
These terraces are separated by approximately 30-40 feet of elevation and provide lots
with views of the Upper Otay Lakes to the south.
Pofahle and Recycled Water
The project is within the boundaries of the Otay Water District and will annex into
Improvement Districts (10) 22 and 27 prior to receiving water service. Due to the
topography of the site, Bella Lago will require water service ITom two pressure zones:
the 980 Zone and the 1296 Zone. The 980 Zone system is gravity-fed utilizing 8-inch
and I2-inch pipelines extended ITom the southerly portion of Rolling Hills Ranch. The
980 Zone line extends north through Via Maggiore to Ponte Tresa and will serve
approximately 82 lots to be constructed in the first phase of development.
The 1296 Zone covers the northerly 58 lots. The 1296 system relies on a hydro-
pneumatic pump station and piping system located in Neighborhood 12 of Rolling Hills
Ranch. The 1296 system also relies upon the 980 system being looped to Proctor Valley
Road. Based on the development of 140 residential units, the projected average annual
water demand is approximately 133,900 gallons per day (gpd). This results in projected
maximum daily use of 390,000 gpd and a peak hour demand of 710,000 gpd. See
Attachment 5, Precise Plan (Section IV) for additional infom1ation on Potable Water.
In the event that the development of Bella Lago occurs prior to Sub-area III of Rolling
Hills Ranch, the developer of Bella Lago will be responsible for constructing the Rolling
Hills Ranch water system necessary to serve Bella Lago.
There are no recycled water facilities proposed for Bella Lago. The project is within the
Otay Lakes drainage basin and irrigation with recycled water on property tributary to a
potable water-drinking source is not pem1itted by the State of California.
,3-//
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Page 12, Item:
Meeting Date: 3/12/03
S=
Sewer service for the Bella Lago development is provided by the City of Chula Vista.
The sewer study prepared for the project estimated that the project would generate
approximately 37,100 gallons of wastewater per day. The entire Bella Lago project is
within the Upper Otay Reservoir watershed and will require pumping to convey flows to
the Salt Creek Basin. The Bella Lago sewer system will be gravity fed via 8-inch piping
through Rolling Hills Ranch Neighborhood lOB connecting to a proposed lift station
located along Proctor Valley Road.
The pump station is connected to dual 6-inch force mains conveying the effluent into
either the Otay Lakes Lift Station or the proposed Salt Creek Interceptor expected to be
available for service some time in 2003. As with the water and storm drain infrastructure,
Bella Lago is dependent upon Rolling Hills Ranch to provide this inrrastructure to serve
the project. See Attachment 5, Precise Plan (Section IV) for additional information on
sewer.
In the event that the development of Bella Lago occurs prior to Sub-area III of Rolling
Hills Ranch, the developer of Bella Lago will be responsible for constructing that portion
ofthe Rolling Hills Ranch sewer system necessary to serve Bella Lago.
Tr~nsportt1t;nn
The project's traffic study determined that no direct significant impacts were anticipated
with the development of the Bella Lago project. The project, however, would contribute
to cumulative impacts on the area's traffic. Based upon the project's cumulative impacts,
Bella Lago will contribute its fairshare to the construction and securing of three traffic
signals at the intersection of East 'H' Street/Proctor Valley Road, Proctor Valley
Road/Lane Avenue, and Proctor Valley Road/Hunte Parkway.
The traffic study further showed that the future development of the Eastern Territories is
dependent on the completion ofSR-125. It is estimated that SR-125 would be completed
and open for public access in October 2006. If current building trends continue strong for
the next couple of years, the available capacity of the local roads could be exceeded
before the opening ofSR-125. Under this scenario, the Bella Lago project will be subject
to the available cumulative capacity of 9,429 building permits if SR-125 is not built or
additional local road capacity is not constructed. This limit is necessary to prevent the
traffic threshold standard from being yiolated on the east/west arterials providing service
to the Eastern Territories.
In the event that the development of Bella Lago occurs prior to Sub-area III of Rolling
Hills Ranch, the developer of Bella Lago would be responsible for the design and
construction of all access roads necessary to provide access to the site from the existing
terminus of Proctor Valley Road. The project will also implernent transportation demand
.3' -/~
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Page 13, Item:
Meeting Date: :'\/12/0:'\
strategies, including provisions of transit service and bus stops in order to reduce peak
hour demand on the street network.
Scnools
Bella Lago is within the City of Chula Vista Elementary School District. Elementary
school age children generated from the proposed project (approximately 58) would attend
Thurgood Marshal Elementary School. The 2002 enrollment at the school was 496; the
current capacity for the school is 700 students. Therefore, the school can accommodate
the additional elementary students generated from the proposed project.
The Sweetwater Union High School District provides secondary school facilities. The
EastLake High School would serve the project site. The proposed project would generate
approximately 10 high school-aged children. The current capacity of EastLake High
School is 3,200 students. The 2002 enrollment was 3,100; therefore, the school can
accommodate the additional I 0 project generated students.
Currently, the Rancho Del Rey Middle School serves the proposed development. The
2002 enrollment at the middle school was 1,537, slightly exceeding its 1,500-student
capacity. To accommodate overcrowding, the District has used relocatable classrooms.
An additional middle school is proposed to be constructed in July 2003 in the RoIling
Hills Ranch community area and would also serve children from the Bella Lago
residential development. The proposed middle school enrollment is undetermined at this
time; however, the Sweetwater Union High School District expects that this school would
be able to accommodate the eight middle school children ITom the Bella Lago project.
T lhr~ri p,~
A new Library Master Plan Update was adopted by the City Council in December 1998.
The plan addresses library location, phasing, and impacts of new technology on library
usage, floor space needs and other design and development criteria. The Master Plan calls
for the construction of a full service regional library of approximately 30,000 square feet
in Rancho del Rey by the year 2005. Bella Lago does not include library facilities.
Instead, the applicant would be required to pay Public Facilities DIF for library facilities.
Police Facilities
Police facilities are provided for at the Chula Vista Police Department located at City
Hall. Development Impact Fees will pay for provision of police facilities and services.
,3-/3
Page 14, Item:
Meeting Date: J/12/OJ
CONCLUSION
For the reasons stated above staff has concluded that the Bella Lago Precise Plan, Tentative
Subdivision Map and Rezoning described and evaluated in this report, reflects sound planning
principles and is consistent with adopted plans and ordinances of the City ofChula Vista.
Att~('hmpnt~
1 Planning Commission Resolution
2 Draft City Council Resolution
3. Draft City Council Ordinance
4. Figures:
Figure I: Major Road Projects Map
Figure 2: Off-Site Circulation Plan
Figure 3: Environmental Preserve Map
Figure 4: Regional Locator Map
Figure 5: Site Topography
Figure 6A: Tentative Map (Sheet 1)
Figure 6B: Tentative Map (Sheet 2)
Figure 7: Phasing Plan
Figure 8: Land Use Plan
Figure 9: On-Site Circulation Plan
Figure 10: Street Cross Sections
Figure II: Concept Grading
Figure 12: Fuel Buffer Zone Map
5. Bella Lago Precise Plan Binder
6. Disclosure Statement
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COUNTY OF SAN DIEGO
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Bella Lago, LLC PROJECT DESCRIPTION:
C) APPLlCAN1: Requesting approval of the following applications: 1) PCZ-01-04,zone Change
PROJECT East of future SR-125 freeway and to change the current Zoning designation of the subject site from PC, Planned
Community to RE-P, Residential Estates, with Precise Plan (P) Modifying
ADDRESS: north of Proctor Valley Road District; 2) PCM-02.12, Precise Plan containing specific property development
standards for the proposed development and other development parameters
SCALE: FIl.ENl.n.tBER: for the 180 acres site; and 3) PCS-03-03, Tentative Subdivision Map
NORTH No Scale PCZ-{)1.Q4, PCM-{)2-12: to subdivide 180 acres Into 140 residential lots and 4 open space lots.
PCS-03-03; EIR-{)2-{)5
C:IDAIFILEllocatorsIPCZ-01-04,PCM-02-12:PCS-03-03.EIR-02-05.cdr 02/10/03
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ATTACHMENT 1
Planning Commission Resolution
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RESOLUTION NO. PCM-02-12, PCZ-Ol-04, PCS-03-03
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL REZONE 180 ACRES EAST
OF THE FUTURE SR- I 25 FREEWAY, NORTH OF PROCTOR V ALLEY ROAD
FROM PC, PLANNED COMMUNITY TO RE-P, RESIDENTIAL ESTATES WITH
PRECISE PLAN "P" MODIFYING DISTRICT ALSO APPROVE AND IMPOSE
CONDITIONS OF A PRECISE PLAN AND A TENTATIVE SUBDIVISION MAP
TO SUBDIVIDE THE 180 ACRES INTO 140 RESIDENTIAL AND 4 OPEN
SPACE LOTS, BELLA LAGO LLC.
WHEREAS, on November 25,2001, Bella Lago, LLC ("Developer") filed a Zone Change
application with the Planning and Building Department of the City of ChuIa Vista requesting an
amendment to the adopted Zoning map or maps estabJished by Section 19.18.010 ofthe Chula Vista
Municipal Code, rezoning 180 acres from PC, planned Community to RE, Residential Estates with a
Precise Plan "P" ModifYing District designator. The applicant also filed applications for a Precise
Plan and Tentative Subdivision Map to subdivide 180 acres into 140 single family lots and 4 open
space lots ("Project"); and,
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A" and commonly known as Bella Lago, and for the
purpose of general description herein consists of approximately 180 acres located east ofthe future
SR-125 freeway, north of Proctor Valley Road at the northeastern end of the City's jurisdictional
boundaries ("Project Site"); and,
WHEREAS, the Environmental Review Coordinator has reviewed the project and
determined that the Project would result in a significant impact to the environment, therefore, an
Environmental Impact report has been prepared; and,
WHEREAS, the Planning Commission found that the Final Environmental Impact Report
(FEIR-02-05) had been prepared in accordance with the requirements of the California
Environmental Quality Act (CEQA), and the Environmental Review Procedures ofthe CityofChula
Vista; and,
WHEREAS, the Planning Commission found that the Project impacts will be mitigated by
adoption of the Mitigation Measures described in the Final Environmental Impact Report, and
contained in the Mitigation Monitoring and Reporting Program is designed to ensure that the during
Project implementation, the Project applicant, and any other responsible parties implement the
project components and comply with the Mitigation Monitoring Program; and,
WHEREAS the Planning Commission having received certain evidence on March 12,2003,
as set forth in the record of its proceedings incorporated herein by reference as if, set forth in full,
made certain findings, as set forth in its recommending Resolution PCM-02-12, PCZ-OI-04, PCS-
03-03 herein, and recommended that the City Council approve the Project based on the findings and
certain terms and conditions contained in the draft City Council Resolution and Ordinance; and,
"g -/ ;7
WHEREAS, the Planning and Building Department set the time and place for a hearing on
the Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and it mailing to property owners within 500 feet ofthe
exterior boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
March 12,2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt the attached Draft City Council Resolution and Ordinance
approving the Project in accordance with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy ofthis resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 12th day of March, 2003, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Peter Hall, Chairperson
ATTEST:
Diana Vargas, Secretary
J:lplanninglluislBELLA LAGOIBella Lago PCM-02-12 PC Reso
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Bella lago, llC
C) APPLICANT:
PROJECT East of future SR-125 freeway and EXHIBIT A
ADDRESS: north of Proctor Valley Road
SCAlE: FILE NUMBER:
NORTH No Scale PCZ-01-Q.4, PCM-02-12:
PCS-03-03: EIR-02-OS
C:\DAIFJLE~ocators\PCZ-01-04.PCM-02-12.PCS-03-03.EIR-02_05.cdr 02/10103
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ATTACHMENT 2
Draft City Council Resolution
3-..:?0
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A PRECISE PLAN TO BE KNOWN AS BELLA LAGO AND A
TENTATIVE SUBDIVISION MAP TO SUBDIVIDE 180 ACRES EAST OF THE
FUTURE SR-125, NORTH OF PROCTOR VALLEY ROAD INTO 140
RESIDENTIAL LOTS AND 4 OPEN SPACE LOTS.
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A," copies of which are in the office of the City
Clerk, attached hereto and incorporated herein by this reference, and commonly known as
Bella Lago, and for the purpose of general description herein consists of approximately 180
acres located east ofthe future SR-125 freeway, and north of Proctor Valley Road ("Project
Site")' and
, ,
B. Project; Application for Discretionary Approval
WHEREAS, a duly verified application was filed with the City ofChula Vista Planning and
Building Department on November 25,2001, by Bella Lago, LLC ("Developer) requesting
approval of a Precise Plan and a Tentative Subdivision Map, Chula Vista Tract 03-03, to
subdivide 180 acres into 140 residential single family lots and 4 open space lots ("Project");
and,
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of various
entitlements and agreements, including: Am1exation and pre-zoning, both previously
approved by City Council Resolution No. 18531 on December 17, 1996 and City Council
Ordinance No. 2673 on May 21, 1996 (referred to collectively herein as "Project Prior
Entitlements "); and,
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the Precise Plan
and Tentative Subdivision Map on March 12,2003 and, after hearing staff presentation and
public testimony, voted _to recommend that the City Council approve the Bella Lago
Precise Plan and Tentative Subdivision Map, Chula Vista Tract 03-03, in accordance with
the findings and subject to the conditions listed below; and,
E. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the Precise Plan and Tentative
.5'-,;(/
Subdivision Map was held before the City Council of the City ofChula Vista on April 8,
2003 on the Project and to receive the recommendations of the Planning Commission, and to
hear public testimony with regard to same; and,
WHEREAS, the City Clerk set the time and place for a hearing on said Precise Plan and
Tentative Subdivision Map applications, and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the City, and
its mailing to property owners within 500 ft. ofthe exterior boundary ofthe project at least
10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. April
8,2003, in the Council Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine
and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at its public
hearing on the Project application held on March 12,2003, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
III. PREVIOUS FEIR-02-05 REVIEWED AND CONSIDERED; FINDINGS;
APPROVALS
The City Council ofthe City ofChula Vista has previously reviewed, analyzed, considered,
and certified FElR 02-05 for the Project.
IV. COMPLIANCE WITH CEQA
The Director of Planning and Building has determined that all impacts associated with the
proposed Tentative Subdivision Map and Precise Plan have been addressed by FEIR 02-05,
Bella Lago. The Tentative Map and Precise Plan is in substantial conformance with the
conceptual tentative map and grading plans on which the FEIR analysis was based and,
therefore, approval and implementation of the Tentative Map does not change the basic
conclusions of the FEIR. The FEIR has been prepared in accordance with requirements of the
California Environmental Quality Act, State EIR Guidelines and the Environmental Review
Procedures of the City ofChula Vista.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
WHEREAS the City Council found that the FEIR 02-05 has been prepared in accordance
with the requirements of the California Environmental Quality Act, and the Environmental
Review Procedures of the City ofChula Vista; and,
2
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WHEREAS The City Council found that the Environmental Impact Report reflected the
independent judgment of the City Council of the City of Chula Vista and adopted the
Environmental Impact Report prepared for the Project.
VI. GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the proposed Precise Plan and the
subdivision of 180 acres into 140 single-family lots and 4 open space lots are consistent with
the adopted Chula Vista General Plan and other adopted policies
VII. PRECISE PLAN FINDINGS/APPROVAL
A. THAT SUCH PLAN WILL NOT, UNDER THE CIRCUMSTANCES OF THE
PARTICULAR CASE, BE DETERIMENTAL TO THE HEALTH, SAFETY OR
GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE
VICINITY, OR INJURIOUS TO PROPERTY OR IMPOROVEMENTS IN THE
VICINITY.
The Precise Plan density and property development standards are consistent with the
RE zone district, and have been designed as a continuation of the westerly adjacent
residential estate development. Thus, the precise plan complements the existing and
future development in the vicinity. Thus, it will not be detrimental to the health,
safety or general welfare of the persons residing or working in the vicinity.
B. THAT SUCH PLAN SATISFIES THE PRINCIPLE FOR THE APPLICATION
OF THE P MODIFYING DISTRICT AS SET FORTH IN SECTION 19.56.041.
The project meets two of the requirements set forth in Section 19.56.041, which
states that the Precise Plan Modifying District may be applied when one or more of
the criteria are met. The following criteria have been met:
I. The subject property, or the neighborhood area in which the property is located,
is unique by virtue of topography, geological characteristics, access,
configuration, traffic circulation or some social or historic situation requiring
special handling of the development on a precise plan basis.
The site is approximately 180 acres and is proposed as a singular residential land
use consistent with the intent of the General Plan. The site contains sensitive
resources that will be protected through the precise plan to help implement the
City's MSCP. The precise plan will include design features that will ensure a
quality development in keeping with the intent of the estate area.
2. The basic or underlying zone regulations do not allow the property owner
3
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and/or the City the appropriate control or flexibility needed to achieve an
efficient and proper relationship among the uses allowed in the adjacent zone.
The site's PC zone is intended for larger, more varied projects that require
multiple phases and years to implement. The proposed R-E zone will better
represent the scale of Bella Lago. Implel)1entation of the P-C zone would
create an income burden to the property owner and is unnecessary since the R-
E zone and the controls inherent in it can implement all of the City's objectives.
C. THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE
UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY
WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE
P PRECISE PLAN MODIFYING DISTRICT.
With the exception of the minimum lot area requirement, which is proposed to be
15,000 sq. ft. and a special 50-foot setback building setback for lots abutting the
perimeter of the project site, the Bella Lago Property Development Standards are
consistent with the requirements prescribed in the RE Zone District.
The minimum lot size has been reduced from the required 20,000 sq. ft. in the RE
Zone District to 15,000 sq. ft. in order to compensate for the 86.5 acres of open space
that the Developer will dedicate as open space under the MSCP program. However,
the Tentative Subdivision Map, Chula Vista Tract 03-03, has been designed with
75% of the lots at a 20,000 square foot minimum and 25% at a 15,000 square foot
mimimum. This lot size distribution is allowed in the RE Zone District.
In order to protect the development from potential fires coming from the open space
surrounding the entire property, the Precise Plan includes a 50-foot Fuel Buffer zone
along the entire perimeter of the property. This buffer setback is unique to the Bella
Lago Project and not required in the RE zone District.
D. THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL
PLAN AND THE ADOPTED POLICIES OF THE CITY.
The Precise Plan is consistent with the approved plans and regulations applicable to
surrounding areas. The proposed precise Plan is consistent with the ChuIa Vista
General Plan.
VIII. ADOPTION OF PRECISE PLAN
In light of the findings described herein, the Bella Lago Precise Plan, in the fOm1 attached
hereto as Exhibit "B" and incorporated herein, is hereby approved contingent upon Ordinance
4
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No. being adopted and entering into effect, and subject to the following conditions of
approval:
IX. PRECISE PLAN CONDITIONS OF APPROVAL
I. Prior to approval of the first Final Map for the Project, revise the Bella Lago Precise
Plan, "P" Modifying District Regulations, Bella Lago Fuel Modification Zone Plan, as
modified by the City Council, and as deemed appropriate by City staffto delete strike
underline text, references to previous documents, inconsistencies and other clean-up
items before final printing.
2. Prior to approval of the initial final map, submit to the Planning and Building
Department 20 copies of the adopted Precise Plan and FEIR, CEQA Findings, and
Mitigation Monitoring Program in plastic 3-ring binders. Specific document format,
table of contents binder size, cover and titles shall be as determined by the Director of
Planning and Building.
3. Include the maintenance responsibility of the City's Greenbelt system in the Project's
Homeowner's Association.
X TENTATIVE MAP FINDINGS/APPROV AL
A. Pursuant to Govemment Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned herein for Bella Lago,
Chula Vista Tract No. 03-03, is in conformance with the elements of the City's General
Plan, based on the following:
Land Use
The Eastern Territories Planning Area identifies the area as Low Residential (0-3
du/ac). The Project Site has a development potential of 540 dwelling units at a density
of3 du/ac. The proposed tentative map requests 140 dwelling units at a density of.78
dwelling units per acre.
Therefore, the Project is in substantial compliance with the land use and permitted
density of the Eastern Territories Planning Area. The Project proposes single-family
development with lots sizes averaging 23,4 13 square feet on a site that is adjacent to the
Rolling Hills Ranch development on the west. Rolling Hills Ranch proposes similar
estate sized lots and incorporates the same variety ofIot sizes and density ranges as
Bella Lago, and therefore the project is compatible with the adjacent land uses in the
surrounding area.
Circulation
In accordance with the Bella Lago Precise Plan, the Developer will construct all on-site
streets required to serve the subdivision.
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The streets within the Project will be sized and designed per City design standards
and/or requirements, or modifications accepted by the City Engineer. The required and
anticipated off-site improvements would be designed to handle this Project and future
projects in the area.
Housing
The Bella Lago subdivision provides a mix oflot sizes for single-family residences.
Prior to recordation of any final subdivision map for Bella Lago, the Developer will
enter into an Affordable Housing Agreement. The Agreement will set forth the method
of determination of the in-lieu contribution, schedule for payment, and the value ofthe
total in-lieu contribution, or the acquisition of excess affordable housing units from
surrounding master planned communities, subject to approval of the Community
Development Director.
Conservation
The Environmental Impact Report FEIR 02-05 addresses the goals and policies ofthe
Conservation Element of the General Plan and found the development ofthis site to be
consistent with these goals and policies.
Parks and Recreation, Open Space
In fulfillment of its obligation to provide 3 acres of parkland per 1,000 population, the
projected population for the new subdivision is 457 residents and therefore the park
dedication requirements are 1.48 acres. The Developer will pay in-lieu fees for both
parkland dedication and park development. Additionally, approximately 86.5 acres of
the project site will be placed into dedicated open space and 2.5 acres off-site as part of
the City's MSCP Subarea Plan.
Seismic Safety
The proposed subdivision is in conformance with the goals and policies of the Seismic
Element of the General Plan for this site
Safetv
The Fire Department and other emergency service agencies have reviewed the
proposed subdivision for conformance with City safety policies and have determined
that the proposal meets the City Threshold Standards for emergency services.
Noise
The proposed subdivision is in confonnance with the goals and policies of the Noise
Element ofthe General Plan for this site. No noise mitigation is proposed.
Scenic Highway
The project site is not located adjacent to a designated scenic highway.
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Bicvcle Routes
Although no designated regional off-street bicycle routes are included as components
ofthe internal circulation network of Bella Lago, bicyclists will be readily able to share
the internal streets with motor vehicles due to low traffic volumes and the limited
speeds allowed.
Public Buildings
No public buildings are proposed on the project site. The project is subject to RCT fees
prior to issuance of building permits.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it
has considered the effect of this proposal on the housing needs ofthe region and has
balanced those needs against the public service needs ofthe residents ofthe City and
the available fiscal and environmental resources.
C. The configuration, orientation and topography of the site partially allow for the
optimum setting of lots for passive or natural heating and cooling opportunities as
required by Govemment Code Section 66473.1.
D. The site is physically suited for residential development because adequate level
building sites can be provided without impacting sensitive biological resources. The
Project design is consistent with the requirements of the General Plan Land Use
Element and the Project conforms to all standards established by the City for such
project. Additionally, the site is physically suited for the proposed density of
development because all necessary public services are available to the Project or will be
available commensurate with need.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained are approximately proportional both in nature and extend to the impact
created by the proposed development.
BE IT FURTHER RESOSLVED that in light of the findings above, the City Council does
hereby approve the Tentative Subdivision Map, Chula Vista Tract 03-03 contingent upon
Ordinance # being adopted and entering into effect, and subject to the general and
specific conditions set forth below.
XI TENTATIVE MAP CONDITIONS OF APPROVAL
Prior to approval of the first Final Map for the Project, unless otherwise indicated, the
Developer, or their successors in interest shall:
GENERAL/PRELIMINARY
Should conflicting wording or standards occur within these conditions of approval, the City
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Manager or designee shall resolve any conflict. The approval of the foregoing Tentative
Subdivision Map, which is stated to be conditioned on "General Conditions", is hereby
conditioned as follows:
A. Project Site is Improved with Project
The Developer, or its successors in interest, shall improve the Project Site with the
Project as described in the Tentative Subdivision Map, Chula Vista Tract 03-03 and
FEIR 02-05, except as modified by this Resolution.
B. Implement Mitigation Measures
The Developer shall diligently implement, or cause the implementation of all
mitigation measures pertaining to the Project identified in the Final Environmental
Impact Report, Bella Lago, FEIR 02-05, the candidate CEQA Findings and Mitigation
Monitoring and Reporting Program for the Project. Any such measures not satisfied by
a specific condition of this Resolution or by the project design shall be implemented to
the satisfaction of the Director of Planning and Building. Mitigation Measures shall be
monitored via the Mitigation Monitoring Program approved in conjunction with the
FEIR. Modification of the sequence shall be at the discretion of the Director of
Planning and Building should changes in the circumstances warrant such revision.
C. Implement Precise Plan
The Developer shall diligently implement, or cause the implementation ofthe Precise
Plan. The Developer shall install public facilities in accordance with Bella Lago
Precise Plan, as may be amended from time to time or as required by the City
Engineer to meet threshold standards adopted by the City of Chula Vista. The City
Engineer and Director of Planning and Building may, at their discretion, modify the
sequence, schedule, alignment and design of improvement construction should
conditions change to warrant such a revision.
D. Contingency of Project Approval
Approval of the Tentative Map is contingent upon adoption ofthe Bella Lago Precise
Plan (PCM 02-12) and Rezone Ordinance (PCZOI-04).
SPECIAL CONDITIONS OF APPROVAL
I. Unless othelWise specified, all conditions and code requirements listed below shall be fully
completed to the City's satisfaction prior to approval of the first Final Map for the Project.
2. All ofthe terms, covenants and conditions contained herein shall be binding upon and inure
to the benefit ofthe heirs, successors, assigns and representatives of the Developer as to any
or all of the Property. For purposes ofthis document the term "Developer" shall also mean
"Applicant". (Planning and Building)
3. The Developer shall comply with all requirements and guidelines ofthe City ofChula Vista
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~_"__.__ ._M__._.._~'_.'_,~_ _.., n."<'''_''_'_''_'',__.m._~ ___~~_......_ _. _,,_._
General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual,
ChuIa Vista Design Plan, Subdivision Manual, Municipal Permit Order #2001-01,
Affordable Housing Program, Bella Lago Precise Plan, Bella Lago Property Development
Standards and FEIR 02-05; all as may be amended ITom time to time, unless specifically
modified by the appropriate department head, with the approval ofthe City Manager. These
plans may be subject to minor modifications by the appropriate department head, with the
approval of the City Manager, however, any material modifications shall be subject to
approval by the City Council. (Planning and Building)
4. If any ofthe terms, covenants or conditions contained herein shall fail to occur or ifthey are,
by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted including issuance of building permits, deny,
or further condition the subsequent approvals that are derived ITom the approvals herein
granted, institute and prosecute litigation to compel their compliance with said conditions or
seek damages for their violation. The Developer shall be notified 10 days in advance prior to
any of the above actions being taken by the City and shall be given the opportunity to
remedy any deficiencies identified by the City. (Planning and Building)
5. In the event of a filing of a Final Map for the Project which requires over sizing of the
improvements necessary to serve other properties, said Final Map shall be required to install
all necessary improvements to serve the Project plus the necessary over sizing of facilities
required to serve such other properties as determined by City Engineer (in accordance with
the restrictions of state law and City ordinances). (Engineering)
STREETS and RIGHT OF WAYS
6. Concurrent with approval of each Final Map for the Project, the Developer shall submit
Improvement Plans for the applicable neighborhood for review and approval by the City
Engineer, Director Building and Park Construction and the Director of Planning and
Building. Applicant shall secure in accordance with Section 18.16.220 of the Municipal
Code, as necessary, the construction and/or construct full street improvements for all on-
site and off-site streets as identified on the Tentative Map, and as may be amended ITom
time to time and as deemed necessary to provide service to the subject subdivision. Said
improvements shall include, but not be limited to, asphalt concrete pavement, base,
concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage
facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing, fire hydrants
and street light locations, subject to the approval ofthe City Engineer. (Engineering)
7. Prior to the issuance of each street construction permit for the Project, the Developer shall
prepare and secure, to the satisfaction of the City Engineer and the Director Building &
Park Construction, for parkway and median landscape and irrigation plans. All plans shall
be prepared in accordance with the current Chula Vista Landscape Manual and the Bella
Lago Precise Plan, as may be amended from time to time. Applicant shall install all
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~. ,..__.,_,,_.m.~_.",_..,_____._._._ ___.-.,-
improvements in accordance with approved plans to the satisfaction of the Director
Building & Park Construction and the City Engineer. (Building & Park Construction,
Engineering)
8. Prior to the approval of the first Final Map for the Project, the Developer shall construct
or enter into an agreement to construct and secure all street improvements as required by
City Engineer, for each particular development phase, as may be amended fTom time to
time. The Developer shall construct the improvements and provide security satisfactory to
the City Engineer and City Attorney. (Engineering)
9. Prior to approval of each Final Map, the Developer shall acquire and then grant to the
City all off-site rights-of-way and easements necessary for the installation of required
street improvements and/or utilities. (Engineering)
10. Developer shall, prior to the issuance of each rough grading permit proposing to grade
individual lots and streets for the Project, submit a study showing that all curb returns for any
intersection in excess of 4% grade, located within the permit boundaries, and all driveways,
comply with ADA standards at the front and back of sidewalks to the satisfaction of the City
Engineer. (Engineering)
I I. Developer shall notify the City, at least 60 days prior to consideration of the approval ofthe
applicable Final Map by City Council, if off-site right-of-way and easements carrnot be
obtained as required by these conditions. (Only off-site right-of-way or easements affected
by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said
notification the Developer shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by
the Conditions of Approval of the Tentative Map.
b. Deposit with the City the estimated cost of acquiring said right-of-way or
easements. Said estimate is subject to the approval of the City Engineer.
c. Have all right-of-way and/or easement documents and plats prepared and
appraisals complete, as necessary to commence condemnation proceeding,
and as determined by the City Engineer.
d. Request that the City use its powers of Eminent Domain to acquire right-of-
way, easements, or licenses needed for off-site improvements, or work related
to the final map. The Developer shall pay all costs, both direct and indirect,
incurred in said acquisition.
e. Items a, b, and c above shall be accomplished prior to the approval of the
applicable final map. (Engineering)
12. The Developer shall grant on the applicable Final Maps sight visibility easements to the City
ofChula Vista for corner lots, as required by the City Engineer, to keep sight visibility areas
clear of any obstructions. Sight visibility easements shall be shown on grading plans,
improvement plans, and final maps to the satisfaction of the City Engineer. (Engineering)
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._~..__._~---_.._-----_.- --~--_.".
._~
13. Design landscape and irrigation plans such that street tree placement is not in conflict with
the sight visibility of any traffic signage. The Developer shall be responsible for the removal
of any obstructions within the sight visibility of said traffic signs to the satisfaction of the
City Engineer. (Engineering)
14. Developer shall construct or enter into an agreement to construct and secure, in accordance
with Section 18.16.220 ofthe Municipal Code, the required street improvements as shown in
Table I:
Table I
FACILITY
~-
TIMING
~ ~~ ~
Off Site Streets
I. Off Site Streets Southerly Access: Obtain right of way, secure and
agree to construct all streets and necessary drainage / water quality
improvements as determined by the City Engineer prior to the first
Final Map for the Project from the existing paved portion of Proctor
Valley Road to Project's southerly access point as shown on Tentative
Map 92-02, as amended, including:
Proctor Valley Road easterly from existing to Agua Vista Dr. Agua
Vista Dr., Proctor Valley Road to Rancho Estate Place. Rancho
Estate Place, Agua Vista Dr. to westerly Project boundary.
2. Northerly Access: Obtain right of way, secure and agree to construct
all streets and necessary drainage / water quality improvements as
determined by the City Engineer prior to the first Final Map for the
Project containing the 69th dwelling unit, fi'om the existing portion of
Proctor Valley Road to both Project access points as shown on
Tentative Map 92-02, as amended, including:
Proctor Valley Road easterly fi'om existing to Agua Vista Dr. Agna
Vista Dr., Proctor Valley Road to Ranch Lakes Way (northerly
access point). Ranch Lakes Way, Agua Vista Dr. to Westerly Project
boundary. Rancho Estate Place (southerly access point), Agua Vista
Dr. to westerly project boundary.
IS. Street cross sections shall conform to the cross sections shown on the tentative map,
unless otherwise conditioned or approved herein. All other design criteria shall comply
with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and
the ChuIa Vista Subdivision Manual unless otherwise conditioned or approved herein.
(Engineering)
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16. The Developer shall submit to and obtain approval by the City Engineer of striping plans for
all collector or higher classification streets simultaneously with the associated improvement
plans. (JSngineering)
17. The Developer shall construct a temporary turnaround or street improvements, upon the
request of and as determined necessary by the City Engineer and Fire Marshal, at the end of
temporarily stubbed streets greater than 150 ft. in length (as measured fTom the nearest street
centerline intersection). (JSngineering)
18. The Developer shall design all vertical and horizontal curves and intersection sight distances
to conform to the Caltrans Highway Design Manual. All streets, which intersect other streets
at or near horizontal or vertical curves, must meet intersection design sight distance
requirements in accordance with City standards. Sight visibility easements shall be granted
as necessary to comply with the requirements in the Caltrans Highway Design Manual and
City ofChula Vista policies, where a conflict exists, the City ofChuIa Vista policies shall
prevail. Lighted SAG vertical curves may be permitted, with the approval of the City
Engineer, at intersections per AASHTO standards. (JSngineering)
19. Prior to approval of each Final Map, the Engineer-of- Work shall submit and obtain approval
by the City Engineer a waiver request for all subdivision design items not specifically waived
on the Tentative Map, and not conforming to the adopted City standards. The Engineer-of-
work request shall outline the requested subdivision design deviations fTom adopted City
standards and state that in his/her professional opinion, no safety issues will be
compromised. The waiver is subject to approval by the City Engineer in the City Engineer's
sole discretion. (JSngineering)
20. The Developer shall construct sidewalks and construct pedestrian ramps on all walkways to
meet "Americans with Disabilities Act" standards and subject to approval of the City
Engineer. In the event the Federal Government adopts ADA standards for street rights-of-
way, which are in conflict with the standards and approvals contained herein, all such
approvals conflicting with those standards shall be updated to reflect those standards. Unless
otherwise required by federal law, City ADA standards may be considered vested, as
determined by Federal regulations, only after construction has commenced. (JSngineering)
21. The Developer shall not install privately owned water, or other utilities crossing any
public street. The installation of sleeves for future construction of privately owned
facilities may be allowed subject to the review and approval of the City Engineer if the
following is accomplished:
a. The Developer enters into an agreement with the City where the Developer agrees to
the following:
1. Apply for an encroachment permit for installation of the private facilities
within the public right-of-way; and,
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11. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
111. Mark out any private facilities owned by the Developer whenever work is
performed in the area; and,
IV. The terms of this agreement shall be binding upon the successors and
assigns of the Developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets. (Engineering)
22. Street names shall be as on the approved tentative map, or as otherwise approved by the
Director of Planning and Building and City Engineer. (Planning, Engineering)
23. Prior to approval of each Final Map, the Developer shall agree to install permanent street name
signs, and shall install such signs prior to the issuance of the first building permit for the
applicable final map. (Engineering)
24. The Developer shall construct and secure the installation of one permanent traffic count station,
subject to the approval of the City Engineer. (Engineering)
25. Provide security in accordance with Chapter 18.16 of the Chula Vista Municipal Code,
dedicate, and construct full street improvements for all streets shown on the Tentative Map
within the subdivision boundary or off-site, as deemed necessary by the City Engineer to
provide service to the subject subdivision, in accordance with ChuIa Vista Design Standards,
Chula Vista Street Standards, Chula Vista Subdivision Manual, and approved Tentative Map,
unless otherwise approved by the City Engineer. Said street improvements shall include, but
not be limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, water
treatment facilities, water quality force mains and pumps, drainage facilities, street lights,
traffic signals, signs, striping, fire hydrants and transitions to existing improvements in the
manner required by the City Engineer. The amount of the security for required improvements,
including landscape and irrigation plans, shall be 110% times a construction cost estimate
approved by the City Engineer and the Director Building & Park Construction if related plans
have been approved by the City, 150% times the approved cost estimate if related plans are
being processed by the City or 200% times the construction cost estimate approved by the City
Engineer and the Director Building & Park Construction if related plans have not been
submitted for City review. A lesser percentage may be required if it is demonstrated to the
satisfaction of the City Engineer and the Director Building & Park Construction that sufficient
data or other information is available to warrant such reduction. (Engineering)
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DRAINAGE
26. Prior to the first Final Map for the Project, the Developer shall create or enter into an agreement
to create a funding mechanism acceptable to the City for the perpetual monitoring of down
stream erosion and siltation which shall be performed on an arrnual basis and further to perform
repairs as required by the City Engineer. (Engineering)
27. Prior to the first Final Map for the Project, the Developer shall update the Urban Runoff
Management Plan dated September 5, 2002 when modified or modifications are proposed to it,
obtain the City of San Diego Water Utilities Department concurrence with the Urban Runoff
Management Plan dated September 5, 2002,and as may be amended ITom time to time with the
final decision at the discretion of the City of Chula Vista, and provide letters ITom resource
agencies authorizing any diversion of first flush flows into Salt Creek. (Engineering)
28. The Developer shall construct a protective fencing system around all proposed permanent
detention basins, and the inlets and outlets of storm drain structures, as and when directed by
the City Engineer. The final fencing design and types of construction materials shall be subject
to approval of the City Engineer. (Engineering)
29. The Developer shall construct energy dissipaters at all storm drain outlets as required by the
City Engineer to maintain non-erosive flow velocities. (Engineering)
30. The Developer shall prior to approval of any grading plans; submit hydrology and hydraulic
studies, and calculations demonstrating the adequacy of downstream drainage strnctures,
pipes and inlets. (Engineering)
31. All subsurface detention shall be constructed of concrete pipe or as approved by the City
Engineer. (Engineering)
32. All private storm drains from the Project shall connect into the public storm drain system at a
structure such as a cleanout or catch basin. (Engineering)
33. Prior to issuance of a grading permit for any area of the Project (including off-site areas)
draining toward the Upper or Lower Otay Reservoirs, Developer shall accomplish the
following:
a. Obtain the approval of the City ofChuIa Vista and all other applicable agencies for
any proposed structural drainage runoff detention and/or diversion facilities within
the Otay Lakes Watershed.
b. Obtain the approval of the City ofChula Vista and all other applicable agencies of
all-operational and maintenance agreements associated with any proposed structural
drainage runoff detention and/or diversion facilities within the Otay Lakes
Watershed. (Engineering)
34. Prior to approval of the first grading permit for the Project (including off-site areas)
draining towards the Upper or Lower Otay Lake Reservoirs, the Developer shall provide
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written evidence, acceptable to the City Engineer, demonstrating that financial
arrangements have been made with the City of San Diego regarding monetary
compensation for any loss of water resulting from the proposed diversion of drainage
runoff from the Otay Lakes watershed. Said financial arrangements shall be in a form
approved by the City Engineer and Director of PI arming and Building. (Engineering,
Planning and Building)
35. Prior to approval of the first Final Map for the Project or issuance of the first grading
permit for the construction of the proposed naturalized charmel and/or detention basins,
whichever occurs earlier, Developer shall accomplish the following:
a. Prepare a maintenance program of all the proposed drainage and water quality
treatment facilities, including, but not limited to, naturalized charmel, wetlands
restoration areas, detention basins, and water quality treatment facilities. The
maintenance program shall include, but not be limited to: a) a manual describing the
operation and maintenance of the drainage and water quality treatment facilities; b)
an estimate ofthe cost of such operation and maintenance activities; and c) a funding
mechanism for financing the maintenance program. Said maintenance program shall
be subject to approval by the City Engineer, Director of Planning and Building, and
the Director of Building and Park Construction. The Developer shall be responsible
for obtaining the approval of the maintenance program from all applicable federal
and state agencies.
b. Enter into an agreement with the City of Chula Vista and the applicable resource
agencies wherein the Developer agrees to implement the maintenance program.
c. Enter into an agreement with the City of Chula Vista, wherein Developer agrees to
the following:
1. Provide for the maintenance of all proposed drainage and water quality
treatment facilities, including, but not limited to, any naturalized drainage
channel, wetlands restoration areas as allowed by the resource agencies,
detention basins, and water quality treatment facilities until the latter to occur
of maintenance of such facilities is assumed by an open space district or
HOA.
11. Developer shall provide security, satisfactory to the City Engineer,
guaranteeing the performance of the aforementioned maintenance
obligations. (Engineering)
36. Prior to approval ofthe first Final Map for the Project or issuance ofthe first grading permit
for the Project, Developer shall enter into an agreement with the City of Chula Vista,
wherein Developer agrees to the following:
a. Provide for the removal of siltation attributable to the Project for all proposed
drainage and water quality treatment facilities, including, but not limited to
naturalized drainage channels, wetlands restoration areas as allowed by the resource
agencies, detention basins, water quality treatment facilities and any future facility
constructed by the Project,
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b. Provide for the removal of siltation for all proposed drainage and water quality
treatment facilities, including, but not limited to naturalized drainage channels,
wetlands restoration areas as allowed by the resource agencies, detention basins,
subsurface detention basins and water quality treatment facilities, attributable to the
Project, for a minimum period of 5 years after maintenance of such facility is
accepted by an Open Space District or HOA.
c. Developer shall provide security, satisfactory to the City Engineer, guaranteeing the
perfom1ance of the aforementioned siltation removal obligations. (Engineering)
37. Prior to the approval of the first Final Map for the Project, or issuance of the first grading
pem1it for the Project, whichever occurs earlier, enter into an agreement with the City of
Chula Vista, wherein the Developer agrees to the following:
a. Comply with the requirements ofthe new Municipal StOm1 Water Pem1it (Order No.
2001-01) issued by the San Diego Regional Water Quality Control Board, including
revision of plans as necessary.
b. Indemnify, and hold ham1less the City, its elected and appointed officers and
employees, from and against all fines, costs, and expenses arising out of non-
compliance with the requirements of the NPDES regulations, in connection with the
execution of any construction and/or grading work for the Project, whether the non-
compliance results from any action by the Developer, any agent or employee,
subcontractors, or others. The Developer's indemnification shall include any and all
costs, expenses, attorney's fees and liability incurred by the City.
c. To not protest the fOm1ation of a facilities benefit district or any other funding
mechanism approved by the City to finance the operation, maintenance, inspection,
and monitoring of NPDES facilities. This agreement to not protest shall not be
deemed a waiver ofthe right to challenge the amount of any assessment, which may
be imposed due to the addition ofthese improvements and shall not interfere with the
right of any person to vote in a secret ballot election.
The above noted agreement shall run with the entire land contained within the Project.
(Engineering)
38. The Developer shall create an emergency overflow from lot 142 such that no emergency
overflows are routed between residential lots or as otherwise approved by the City
Engineer. (Engineering)
39. The Developer shall install a water quality pump and monitoring station, to be maintained and
monitored by the HOA including an off-site force main, telemetry, and emergency power to
divert and monitor the first flush in a manner acceptable to the City Engineer. (Engineering)
40. The quantity of runoff from the development shall be reduced to an amount equal to or
Jess than the pre-development 5-, 10-, 25-, 50- and 100-year frequency stOm1.
Retention/detention facilities and water quality basins will be constructed to the
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satisfaction of the City Engineer to reduce the quantity ofrunoffto an amount equal to or
less than the pre-development flows. Said retention/detention facilities and water quality
basins shall be designed per the City's subdivision manual, constructed by the Developer
and maintained by the HOA, or other mechanism as subject to approval ofthe City. The
Developer shall also process and obtain any Resource or like Agencies permits for said
facilities. (Engineering)
41. Storm drain systems that collect water from private property shall be designated private on
grading and drainage and/or improvement plans to the point of connection with a public
system. A grant of easements and encroachment agreement in a form acceptable to the City
Attorney shall be required for all private drainage improvements within the public right of way
or within C.F.D. maintained Open Space lots. (Engineering)
42. The Developer shall submit with grading and drainage and/or improvement plans, as
applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations
for all public streets. Calculations shall also be provided to demonstrate the adequacy of
downstream drainage structures, pipes and inlets. (Engineering)
43. Storm drain design shall conform to the requirements of the Subdivision Manual and the
Grading Ordinance as may be amended rrom time to time. Any modification to the storm drain
plans will require an updated Urban Runoff Management Plan to address said modification as
required by the City Engineer. (Engineering)
44. Should the Developer propose and the City approve a public storm drain system, the Developer
shall provide improved all-weather access with H-20 loading to all public storm drain clean-
outs or as otherwise approved by the City Engineer. Additionally, the Developer shall provide
a minimum of6-inch thick PCC (reinforced with #4 BAR at 18" on center each way) designed
for H-20 loading and heavy broom finish for those access road to retention/detention basins
with grades of 10% or greater. All other access roads must be asphalt concrete designed to
carry H-20 loading. In addition, maintenance pads adjacent to the inlet structures shall be a
minimum of6-inch PCC (reinforced with #4 bar at 18" on center each way) designed for H-20
loading with a heavy broom finish. (Engineering)
45. The Developer shall grant on the appropriate Final Map, a 15 feet minimum drainage and
access easement for public storm drain lines located between residential units unless otherwise
directed by the City Engineer. All other public easements shall meet City standards for
required width. (Engineering)
46. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance
equipment. Public storm drains shall be installed as close to perpendicular to the slope
contours as possible but in no case greater than IS degrees from perpendicular to the
contours. (Engineering)
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47. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1 gradient
shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm
drain to the bottom ofthe slope or a drain inlet connected to an underground storm drain. The
Developer shall ensure that brow channels and ditches emanating nom andlorrunning through
City Open Space are not routed through private property. Brow ditches and channels nom
private property shall not be routed through City open space unless othelWise approved by the
City Engineer. (Engineering)
48. Detention basins shall be designed such the maximum detention period does not exceed
72 hrs. (Engineering)
49. Dry weather post-developed conditions shall be the same as pre-developed conditions.
(Engineering)
50. Prior to approval of the first Final Map for the Project, the Developer shall demonstrate that
first flush flows will be diverted to detention/infiltration basins and treated prior to their
discharge to existing drainage courses in accordance with the Urban Runoff Management Plan
dated September 5, 2002, and as may be amended nom time to time. (Engineering)
51. Prior to the recordation of the first Final Map for the Project, the Developer shall develop a post
construction water quality maintenance and monitoring plan acceptable to the City Engineer
identifYing thresholds for all pollutants, the frequency of monitoring, standards for record
keeping, procedures and nequency of maintenance and funding sources to implement the plan.
(Engineering)
52. The developer shall design the storm drains and other drainage facilities to include BMP's to
minimize non-point source pollution, satisfactory to the City Engineer and shall seek the
concurrence of the City of San Diego Water Utilities Director. However, the City Engineer
shall make the final decision regarding such design.
a. The Development shall comply with all applicable regulations established by the
United States Environmental Protection Agency (USEP A), as set forth in the
National Pollutant Discharge Elimination System (NPDES), peffi1it requirements for
urban runoff and storm water discharge, the Clean Water Act, and any regulations
adopted by the City of ChuIa Vista, pursuant to the NPDES regulations or
requirements. Further, the Developer shall file a Notice of Intent with the State
Water Resources Control Board to obtain coverage under the NPDES General Permit
for Storm Water Discharges Associated with Construction Activity and shall
implement a StOm1 Water Pollution Prevention Plan (SWPPP) concurrent with the
commencement of grading activities. The SWPPP shall include both construction
and post construction pollution prevention and pollution control measures and shall
identifY funding mechanisms for post construction control measures.
b. The developer shall comply with all the provisions ofthe NPDES Pem1it during and
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after all phases of the development process, including, but not limited to, mass
grading, rough grading, construction of street and landscaping improvements, and
construction of dwelling units. The Developer shall incorporate in the project design
water quality and watershed protection principal and post construction Best
Management Practices (BMPs) selected for the project, in compliance with the
NPDES Permit, to the satisfaction of the City Engineer.
c. Prior to Final Map approval for the project, the Developer shall enter into an
agreement with the City where Developer agrees not to protest the formation of a
facilities benefit district or any other funding mechanism approved by the City to
finance the operation, maintenance, inspection, and monitoring ofNPDES facilities.
This agreement to not protest shall not be deemed a waiver ofthe right to challenge
the amount of any assessment, which may be imposed due to the addition of these
improvements and shall not interfere with the right of any person to vote in a secret
ballot election. The above noted agreement shall run with the entire land contained
within the Project.
d. Prior to Final Map approval, building permits, or at such time as required by the City
Engineer for the Project, the Developer shall submit and obtain approval from the
City Engineer of a maintenance program for the proposed post-construction BMP's.
The maintenance program shall include, but not be limited to: I) a manual describing
the maintenance activities of said facilities, 2) an estimate of the cost of such
maintenance schedule and activities, and 3) a funding mechanism for financing the
maintenance program. In addition, the Developer shall enter into a Maintenance
Agreement with the City to ensure the maintenance and operation of said facilities.
e. Prior to approval of any grading, construction, and building permits for the project,
the Developer shall demonstrate to the satisfaction ofthe City Engineer compliance
with all of the applicable provisions ofthe municipal code, the City of Chula Vista
Storm water Management Standards Requirement Manual (including the Regional
Water Quality Control Board Municipal Permit 2001-01) and the City ofChula Vista
SUSMP. The Developer shall incorporate into the project planning and design
effective post-construction BMP's and provide all necessary studies and reports
demonstrating compliance with the applicable regulations and standards. BMP's shall
be identified and implemented that specifically prevent pollution of storm drain
systems to the Maximum Extent Practicable (MEP) from certain project feature, land
use, areas and activities.
f. The Developer shall incorporate in the project design water quality and watershed
protection principal and all post construction Best Management Practices (BMPs)
selected for the Project, in compliance with the NPDES Permit.
g. Indemnify, and hold harmless the City, it selected and appointed officers and
employees, from and against all fines, costs, and expenses arising out of non-
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compliance with the requirements of the NPDES regulations, in connection with the
execution of any construction and/or grading work for the Project, whether the non-
compliance results fi'om any action by the Developer, any agent or employee,
subcontractors, or others. The Developer's indemnification shall include any and all
costs, expenses, attorney's fees and liability incurred by the City.
h. To not protest the formation of a facilities benefit district or any other funding
mechanism approved by the City to finance the operation, maintenance, inspection,
and monitoring of NPDES facilities. This agreement to not protest shall not be
deemed a waiver of the right to challenge the amount of any assessment, which may
be imposed due to the addition of these improvements and shall not interfere with
the right of any person to vote in a secret ballot election.
GRADING
53. Prior to issuance of any grading permit based on plans proposing the creation of down slopes
adjacent to public or private streets, Developer shall obtain the City Engineer's approval of a
study to determine the necessity of providing guardrail improvements at those locations. The
Developer shall construct and secure any required guardrail improvements in conjunction with
the associated grading and/or construction permit as determined by and to the satisfaction ofthe
City Engineer. The guardrail shall be installed per Caltrans Traffic Manual and Roadside
Design Guide requirements to the satisfaction of the City Engineer. (Engineering)
54. Prior to issuance of each Grading Permit for the Project, the Developer shall obtain City of San
Diego Water Utility concurrence on all grading and improvement plans within the Otay Lake
Drainage Basin, with the final decision at the discretion of the City of Chula Vista.
(Engineering)
55. Prior to the issuance of any grading permit which impacts off-site property, the Developer
shall deliver to the City, a notarized letter of permission to grade and drain for all off-site
grading. (Engineering)
56. All grading and pad elevations shall be within 2 feet of the grades and elevations shown
on the approved tentative map or as otherwise subject to approval of the City Engineer
and Director of Planning and Building. (Engineering)
57. The Developer shall submit to and obtain approval fi'om the City Engineer and Director of
Building and Park Construction for an erosion and sedimentation control plan as part of
grading plans. (Engineering, Building and Park Construction)
58. Indicate on all affected grading plans that all walls, which are to be maintained by open
space districts, shall be constructed entirely within open space lots dedicated to the City.
(Engineering)
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59. Prior to issuance of each grading permit, provide a study showing that the proposed
quantities of earthwork will balance for each phase. This study shall incorporate the most
recent Project design information for said phase. (Engineering)
60. Prior to approval of each grading plan, submit a detailed hydraulic study analyzing the
erosion potential of the off-site canyons downstream of the Project. Said study shall make
recommendations satisfactory to the City Engineer to lower the velocities of the 5-, 10-,25-,
50-, and 100 year flows such that the flow velocities will not permit excessive erosion to the
canyon given the soil type and proposed recommendations. (Engineering)
61. Locate lot lines at the top of slopes except as shown on the Tentative Map or as subject to
approval of the City Engineer and Director of Building and Park Construction. Lots shall be
so graded as to drain to the street or an approved drainage system. Drainage shall not be
permitted to flow over slopes or onto adjacent property. (Engineering, Building and Parks
Construction)
62. Provide a setback, as determined by the City Engineer based, on Developer's Soils Engineer
recommendations, between the property lines of the proposed lots and the top or toe of any
slope to be constructed where the proposed grading adjoins undeveloped property or property
owned by others. The City Engineer will not approve the creation of any lot that does not
meet the required setback. (Engineering)
63. Design and constrnct the inclination of each cut or fills surface resulting in a slope no steeper
than 2: I (two horizontal to one vertical) except for minor slopes as herein defined. All
constructed minor slopes shall be designed for proper stability considering both geological
and soil properties. A minor slope may be constrncted no steeper than one and one-half
horizontal to one vertical (1.5:1) contingent upon:
a. Submission of reports by both a soils engineer and a certified engineering geologist
containing the results of surface and subsurface exploration and analysis. These results
should be sufficient for the soils engineer and engineering geologist to certify that in
their professional opinion, the underlying bedrock and soil supporting the slope have
strength characteristics sufficient to provide a stable slope and will not pose a danger to
persons of property; and,
b. The installation of an approved special slope planting program and irrigation system;
and,
c. "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either
cut or fills, between single-family lots and not parallel to any roadway. (Engineering)
64. The Developer shall construct temporary de-silting basins at all discharge points adjacent to
drainage courses or where substantial drainage alteration is proposed in the grading plan. The
exact design and location of such facilities shall be based on hydrological modeling and
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determined pursuant to direction by the City Engineer. (Engineering)
65. Prior to the issuance of a grading permit for an area containing a deep-storm drain, the
Developer shall submit manufacturer specifications for deep storm drain (20'+) and obtain
the approval of the City. (Engineering)
66. The Developer shall obtain approval ti-om all applicable permitting agencies, including but
not limited to FEMA, prior to any work within each of the agencies jurisdiction. All
mitigation requirements will be the responsibility of the Developer. (Engineering)
67. The Developer will submit a drainage study to the satisfaction of the City Engineer for each
grading permit showing that the interim conditions do not adversely impact downstream
flows. (Engineering)
68. Prior to the approval of the first grading permit, the applicant shall submit a construction
noise mitigation plan for the review and approval of the Director of Planning and Building,
that incorporates seasonal avoidance, alternative equipment or temporary barriers on a
habitat-specific basis to achieve a less than significant impact during the nestinglbreeding
season. (Planning and Building)
SEWER
69. Prior to approval ofthe first Final Map for the Project, the Developer shall enter into a
three party agreement with the City, and the Developer of Rolling Hills Ranch for
assuring capacity in the Rolling Hills Ranch Sub-area III lift station, force main, and
gravity facilities ("Sewer Improvements"). If the Rolling Hills Ranch project has not
constructed the Sewer Improvements prior to the Project's first Final Map, the Sewer
Improvements will be considered off-site improvements necessary to serve the Project.
(Engineering)
70. Should the Salt Creek Sewer Main Interceptor up to Olympic Parkway Pump Station not
be constructed and accepted by the City prior to the approval of the first Final Map for
the Project, the Developer shall enter into a three party agreement with the City ofChula
Vista and the Eastlake Company to acquire capacity rights at the Otay Lakes Road Pump
Station and the Olympic Parkway Pump Station. (Engineering)
71. Prior to approval of the first Final Map for the Project, the Developer shall demonstrate to
the City Engineer that there is adequate capacity to handle projected sewage flows for the
entire Project. (Engineering)
72. The Developer shall construct or enter into an agreement to construct and secure, in
accordance with Section 18.16.220 of the Municipal Code, all off-site and on-site sewer
facilities identified in the sewer study prepared by Wilson Engineering dated May 16,
2002, and as required by the City Engineer to serve the Project. Additionally, the
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Developer shall indemnify the City for any sewer spills from the Project into the Otay
Lakes Basin arising out of the design or construction ofthe sewer facilities. (Engineering)
73. Sewer access points shall, unless otherwise approved by the City Engineer:
a. Be located at the centerline of streets or cul-de-sacs; and,
b. Not be located on slopes or in inaccessible areas of maintenance equipment; and,
c. Not be in the wheel tracks on Class 1 Collector Streets and above; and,
d. Meet Regional Standard Drawing M-4 (Locking) if located within intersections of
Class I Collectors and above; and,
e. Have improved all-weather paved 12-foot wide minimum access to withstand a
H-20 vehicle load or as otherwise approved by the City Engineer; and,
f. Is provided at all changes of alignment of grade. (Engineering)
74. Sewers serving 10 or fewer equivalent dwelling units shall have a minimum grade of 1%.
Sewer lines shall be installed as close to perpendicular to the slope contours as possible
but in no case greater than 15 degrees from perpendicular to the contours. (Engineering)
75. Prior to approval of any Final Map or any other grant of approval for any improvement
proposing to pump sewage flows, the Developer shall accomplish the following:
a. Comply with all the requirements of Council Policy No. 570-03 ("Sewage Pump
Station Financing Policy).
b. Enter into an agreement to construct and secure the construction, in accordance with
Section 18.16.220 of the Municipal Code, of those improvements required to
accomplish the following:
I. Construction or upgrading of existing pump station improvements and
associated facilities including 8 hours of average flow emergency overflow
storage, telemetry, permanent ground water dewatering near the wet well,
emergency power, odor control, and dual force mains, to the satisfaction of
the City Engineer to pump sewage flows to a gravity flow basin.
11. Indemnify the City for sewer spills into Upper Otay Reservoir arising out of
the design or construction of the sewer facilities.
111. Removal of any existing, new, and/or modified pump stations and associated
improvements, to the satisfaction ofthe City Engineer, upon completion of
the Salt Creek Sewer Interceptor.
tv. The amount ofthe security for the above noted improvements shall be 1 10%
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ofthe construction cost estimate subject to approval of the City Engineer if
improvement plans have been subject to approval of the City, 150% of the
approved cost estimate if improvement plans are being processed by the City
or 200% of the construction cost estimate subject to approval of the City
Engineer if improvement plans have not been submitted for City review. A
lesser percentage may be required if it is demonstrated, to the satisfaction of
the City Engineer, that sufficient data or other information is available to
warrant such reduction.
c. Provide funding for the preparation of all the studies and reports required to support
the addition of pumped sewage to gravity flow system, as determined by the City
Engineer. (Engineering)
76. Prior to approval of the first Final Map for the Project or any other grant of approval for any
improvements proposing to pump sewage flows, the Developer shall accomplish the
following:
a. Provide the necessary funding, in the amount determined by the City Engineer, for
updating a Pumped Sewer Development Impact Fee or any other funding mechanism
as determined by the City Engineer. Said Development Impact Fee, or funding
mechanism shall be prepared, as directed by the City Engineer, and subject to
approval of Council.
b. Provide the necessary funding for implementing a sewer trunk-monitoring program,
as determined by the City Engineer. (Engineering)
77. The Developer shall provide a sewer profile study for all deep sewer lines (15' in depth or
greater), which indicates that no other feasible alternative exists. (Engineering)
78. All sewer maintenance access roads shall be improved with all-weather access with H-20
loading to all clean-outs or as otherwise approved by the City Engineer. Additionally, the
Developer shall provide a minimum of6-inch thick PCC (reinforced with #4 BAR at 18" on
center each way) designed for H-20 loading and heavy broom finish for those access road to
clean-outs with grades of 10% or greater. All other access roads must be asphalt concrete
designed to carry H-20 loading. (Engineering)
79. Sewer main pipes shall not run parallel and under slopes greater than 5:1 unless otherwise
approved by City Engineer. (Engineering)
80. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe or as
otherwise approved by the City Engineer. (Engineering)
8 J. The Developer shall construct at its own cost and expense all off-site and on-site sewer
facilities as required by the City Engineer to serve the Project. (Engineering)
WATER
82. The Developer shall secure and agree with the Otay Water District to construct all potable
water facilities (on and off-site) required for the 1296 pressure system prior to the first Final
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Map for the Project containing a lot served by the 1296 pressure system, including:
a. A Hydro-pneumatic pump station meeting City ofChula Vista Fire flow
requirements.
b. A Looped 980-pressure system providing the hydro-pneumatic pump with more
than one source of980 zone flows. (Engineering)
83. The Developer shall provide to the City a letter rrom Otay Municipal Water District
indicating that the assessmentslbonded indebtedness for all parcels dedicated or granted in
fee to the City have been paid or that no assessments exist on the parcel(s). (Engineering)
84. Prior to approval of each Final Map, present verification to the City Engineer in the form of a
letter rrom Otay Water District that the subdivision will be provided adequate water service
and long-term water storage facilities. The Developer shall phase and install water system
improvements as required by the Otay Water District. (Engineering, Planning and Building)
85. The Developer shall grant all necessary easements required to serve the Project and adjacent
lands with water. (Otay Water, Engineering, Planning and Building)
EASEMENTS
86. Prior to approval ofthe applicable Final Map, enter into a maintenance agreement and grant
easements as necessary for landscaping and improvements maintained by a Homeowners
Association within City right-of-way or such other public areas required by the City.
(Engineering)
87. The Developer shall process ajoint use agreement forroads crossing other agencies existing
easements that is acceptable to the City and the other agencies prior to the issuance of the
grading permit for that road. (Engineering)
88. The Developer shall indicate on all appropriate Final Maps a reservation of easements to the
future Homeowners Association for private storm drain, if any, within open space lots as
directed by the City Engineer. Obtain, prior to approval of each Final Map, all off-site right-
of-way necessary for the installation ofthe required improvements. The Developer shall also
provide easements for all on-site and off-site public drainage facilities, sewers, maintenance
roads, and any other public facilities necessary to provide service to the Project.
(Engineering)
89. The Developer shall grant easements to subsequent owners pursuant to Section 18.20.150 of
the City Code on any Final Map that proposes private utilities or drainage facilities crossing
property lines as directed by the City Engineer. (Engineering)
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90. Where a private storm drain easement will parallel a public sewer easement, the easements
shall be delineated separately on the Final Map and on the grading and improvement plans.
If any portion ofthe easements will overlap one another, the City shall have a superior right
to the common portion of the easements. (Engineering) Prior to the approval of each Final
Map, the City Engineer may require either the removal or the subordination of any easement,
which may unreasonably interfere with the full and complete exercise of any required public
easement or right-of-way. (Engineering)
9 I. The Developer shall grant on the final maps minimum IS' wide easements to the City ofChula
Vista as required by the City Engineer for construction and maintenance of sewer facilities.
(Engineering)
92. The Developer shall provide easements for all off-site public storm drains and sewer facilities
prior to approval of each Final Map requiring those facilities. The easements shall be sized as
required by the City ofChula Vista Standards, unless otherwise approved by the City Engineer.
(Engineering)
93. The Developer shall grant on the appropriate final map, a 20- foot minimum sewer and access
easement for sewer lines located between residential units, unless otherwise required by the
City Engineer. All other easements shall meet City standards forrequired width. (Engineering)
AGREEMENTS/FINANCIAL
94. Prior to approval of the first Final Map for the Project, the Developer shall enter in an
agreement with the City to provide affordable housing units as specified in the adopted Bella
Lago Precise Plan. (Community Development)
95. Prior to approval of the first Final Map for the Project, the Developer shall enter into an
agreement with the City of Chula Vista, wherein Developer acknowledges and agrees that,
prior to the constrnction of SR-125, the City shall stop issuing new building permits for the
Project when the City, in its sole direction, determines either:
a. Building permits for a total 9429 dwelling units have been issued for projects east ofI-
805 (the start date for counting the 9429 dwelling units is January 1, 2000), or
b. The City in accordance with the City ofChula Vista Growth Management Ordinance
selects an alternative measure.
The Developer shall also acknowledge and agree that notwithstanding the foregoing thresholds,
the City may issue building permits if the City decides, in its sole discretion, that any of the
following has occurred: I) traffic studies demonstrate, to the satisfaction of the City Engineer,
that the circulation system has additional capacity without exceeding the GMOC traffic
threshold standards; 2) other improvements are constructed which provide additional necessary
capacity; or 3) the City selects an alternative method of implementing the GMOC standards.
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These traffic studies would not require additional environmental review nnder CEQA;
however, any improvements proposed in these traffic studies would be subject to additional
environmental reviews as required.
The above noted agreement shall run with the entire land contained within the Project.
(Engineering)
96. The Developer shall indemnify, protect, defend and hold the City harmless from and against
any and all claims, liabilities and costs, including attorney's fees, arising from challenges to
the Environmental Impact Report and subsequent environmental review for the Project and
any or all entitlements and approvals issued by the City in connection with the Project.
(Planning and Building)
97. Any and all agreements that the Developer is required to enter into hereunder shall be in a
form subject to approval of the City Attorney. (City Attorney)
98. The Developer shall enter into a supplemental agreement with the City, prior to approval of
each Final Map, where the Developer agrees to the following:
a. That the City may withhold building permits for the subject subdivision if the
regional development threshold limits set by the Chula Vista Transportation Phasing
Plan, as amended from time to time, have been reached or in order to have the
Project comply with the Growth Management Program, as may be amended from
time to time. Traffic volumes, levels of service, public utilities and/or services either
exceed the adopted City threshold standards or fail to comply with the then effective
Growth Management Ordinance, and Growth Management Program and any
amendments thereto. Public utilities shall include, but not be limited to, air quality,
drainage, sewer and water.
b. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents,
officers or employees, to attack, set aside, void or annul any approval by the City,
including approval by its Planning Commission, City Councilor any approval by its
agents, officers, or employees with regard to this subdivision pursuant to Section
66499.37 ofthe State Map Act provided the City promptly notifies the Developer of
any claim, action or proceeding and on the further condition that the City fully
cooperates in the defense.
c. To ensure that all franchised cable television companies ("Cable Company") are
permitted equal opportunity to place conduit and provide cable television service to
each lot within the subdivision. Developer agrees that the City of Chula Vista may
grant access to cable companies franchised by the City of ChuIa Vista to place
conduit within the City's easement situated within the Project. Developer shall
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restrict access to the conduit to only those rranchised cable television companies who
are, and remain in compliance with, all other rules, regulations, ordinances and
procedures regulating and affecting the operation of cable television companies as
same may have been, or may rrom time to time be issued by the City ofChula Vista.
d. That the City may withhold the issuance of building permits for the Project, should
the Developer be determined by the City to be in breach of any of the terms of the
Tentative Map Conditions or any Supplemental Agreement. The City shall provide
the Developer of notice of such determination and allow the Developer reasonable
time to cure said breach.
e. Hold the City harmless from any liability for erosion, siltation or increase flow of
drainage resulting rrom this Project. (Engineering)
99. The Developer shall enter into an supplemental agreement with the City prior to approval of
the first Final Map for the Project, where the Developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program adopted
by SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or facilities
benefit district to finance the construction ofregional facilities. (Engineering)
100. Prior to approval of each Final Map, the Developer shall agree to contract with the City's
current street sweeping rranchisee, or other server approved by the City Engineer to provide
public street sweeping, if any, for each phase of development on a rrequency and level of
service comparable to that provided for similar areas of the City. The Developer shall cause
street sweeping to commence immediately after the final residence, in each phase, is occupied
and shall continue sweeping until such time that the City has accepted the street or 60 days after
the completion of all punch list items, whichever is shorter. The Developer further agrees to
provide the City Special Operations Manager with a copy of the memo requesting street
sweeping service, which memo shall include a map of areas to be swept and the date the
sweeping will begin. (Public Works)
101. The Developer shall be required to equitably participate in any future regional impact fee
program for regional facilities should the region enact such a fee program to assist in the
construction of such facilities. The Developer shall enter into an agreement, prior to approval of
the first map, with the City which states that the Developer will not protest the formation of any
potential future regional benefit assessment district formed to finance regional facilities.
(Engineering)
102. The Developer agrees that the maintenance and demolition of all interim facilities (public
facilities, utilities and improvements) is the Developer's responsibility, and that
construction and demolition bonds will be required to the satisfaction of the City
Engineer. (Engineering)
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103. Prior to the approval of any Final Map for the Project that contains open space, the
Applicant shall enter into an agreement to construct and secure open space landscape
improvements within the map area. All landscape improvements shall be secured in
amounts as determined by the Director of Building and Park Construction and approved
in form by the City Attorney. (Engineering)
PHASING
104. Ifthe Developer proposes to modify the Bella Lago Precise Plan approved phasing plan, the
Developer shall submit to the City a revised phasing plan for review and approval prior to
approval of the first Final Map for the Project. Phasing approved with the precise plan may
be amended subject to approval by the Director of Planning and Building and the City
Engineer. (Planning and Building, Engineering)
HOME OWNER ASSOCIATION (HOA) DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS (CC&R's)
105. All streets, street trees, and drainage facilities within the tentative map boundaries shall be
privately maintained in a manner acceptable to the City Engineer. (Engineering)
106. Prior to the approval of the first Final Map for the Project, the Developer shall:
a. Submit evidence, acceptable to the City Engineer and the Director of Planning and
Building of the formation of a Homeowner's Association (HOA), or another financial
mechanism acceptable to the City Manager. The HOA shall be responsible for the
maintenance of those landscaping improvements that are not to be included in the
proposed financial mechanism. The City Engineer and ilie Director of Planning and
Building may require that some of those improvements shall be maintained by the
Open Space District. The final determination of which improvements are to be
included in the Open Space District and those to be maintained by the HOA shall be
made during the Open Space District Proceedings. The HOA shall be structured to
allow annexation of future tentative map areas in the event the City Engineer and
Director of Planning and Building require such annexation of future tentative map
areas. The HOA formation documents shall be subject to the approval of the City
Attorney; and,
b. The Developer shall submit for City's approval the CC&R's, grant of easements and
maintenance standards and responsibility of the HOA's for the Open Space Areas
within the Project area. Developer shall acknowledge iliat the HOA's maintenance of
public open space, trails, etc. may expose the City to liability. Developer agrees to
establish a HOA that will hold the City harmless rrom any actions of the HOA in the
maintenance of such areas; and,
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c. Submit and obtain approval ofthe City Engineer and the Director of PI arming and
Building of a list of all HOA facilities and other items to be maintained by the
proposed district. Separate lists shall be submitted for the improvements and facilities
to be maintained by the Open Space District and those to be maintained by a
Homeowner's Association. Include a description, quantity and cost per year for the
perpetual maintenance of said improvements. These lists shall include but are not
limited to all facilities located on open space lots to include but not be limited to:
walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage
structures and landscaping. Each open space lot shall also be broken down by the
number of acres of: I) turf, 2) irrigated, and 3) non-irrigated open space to aid in the
estimation of a maintenance budget thereof (Engineering, Planning and Building)
107. Prior to the approval of each Final Map, Declaration or Supplementary Declaration of
Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the
approval of the City Engineer. The CC&R's shall include the following obligations of the
Homeowners Association:
a. A requirement that the HOA shall maintain comprehensive general liability insurance
against liability incident to ownership or use of the following areas:
1. All open space lots that shall remain private,
n. Other Association maintained property.
b. Before any revisions to provisions of the CC&R's that may particularly affect the
City can become effective, said revisions shall be subject to approval of the City.
The HOA shall not seek approval from the City of said revisions without the prior
consent of 100 percent of the holders of first mortgages or property owners within the
HOA.
c. The HOA shall indemnify and hold the City harmless from any claims, demands,
causes of action liability or loss related to or arising from the maintenance activities
of the HOA.
d. The HOA shall not seek to be released by the City from the maintenance obligations
described herein without the prior consent of the City and 100 percent of the holders
of first mortgages or property owners within the HOA.
e. The HOA is required to procure and maintain a policy of comprehensive general
liability insurance written on a per occurrence basis in an amount not less than one
million dollars combined single limit. The policy shall be acceptable to the City,
name the City as additionally insured to the satisfaction of the City Attorney, and
shall not contain a cross party exclusion clause.
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f. The CC&R' s shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the open space district to ensure that the property
owners know that the walls may not be modified or supplemented nor may they
encroach on City property.
g. The CC&R' s shall include provisions assuring maintenance of all streets, driveways,
drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring HOA membership in an advance
notice such as the USA Dig Alert Service in perpetuity.
1. The CC&R's shall include provisions that provide the City has the right but not the
obligation to enforce the CC&R provisions the same as any owner in the Project.
J. The CC&R provisions setting forth restrictions in these Tentative map conditions
may not be revised at any time without prior written permission of the City.
k. The HOA shall not seek to dedicate or convey for public streets, land used for private
streets without approval of 100% of all the HOA members or holder of first
mortgages within the HOA.
I. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also
include language which states that any proposal by the HOA to allow "speed bumps"
in the future shall require prior written approval of 100% of all the Homeowners
Association members.
m. The CC&R's shall contain provIsIOns assunng the implementation of post
construction BMP's.
n. The CC&R's shall contain a provision that prohibits the use offertilizeron untreated
(BMP's) slopes that flow into the Otay lakes Basin. (Engineering, Planning and
Building)
108. Future property owners shall be notified during escrow, by a document to be initialed by the
owners, of the maintenance responsibilities of the HOA and their estimated annual cost.
Developer shall submit the document and obtain the approval of the City Engineer and
Director of Planning and Building prior to distribution through escrow, (Engineering,
Planning and Building)
109. An HOA shall be responsible for the maintenance and operation of all facilities within the
common areas and streets behind any gated entrances. The facilities to be maintained
include, but are not limited to: pavements, sidewalks, street trees, street lights including
power supply, street sweeping, private drainage facilities, landscaping of private common
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areas, and Omnicom or other access devices required by the City Fire Marshal and Police
Department. (Planning and Building, Engineering)
110. An HOA shall be responsible for and include within the Project's CC&R's maintenance and
monitoring of all elements of the Proj ect' s Fuel Modification Zone Plan installed pursuant to
the Project's FMZP.
LANDSCAPING
111. In addition to the requirements outlined in the City of ChuIa Vista Landscape Manual,
privately maintained slopes in excess of25 feet in height shall be landscaped and irrigated to
soften their appearance as follows: one 5-galIon or larger size tree per each 1,500 square feet
of slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and
appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften
and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed
and approved by the Director of Planning and Building prior to approval of the
corresponding final map. (Planning and Building)
112. The Developer shall enter into an agreement to install all street trees in accordance with
Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in
parkways, or as otherwise approved by the Director of Planning and Building. The Developer
will maintain street tree identification stakes in location as shown on approved preliminary
plans until all dry utilities are in place. The Developer shall provide root control methods per
the requirements of the Director of Planning and Building, and provide a deep watering
irrigation system for the trees.
a. Complete preliminary street improvement plans that show the location of all future
street trees, which will be subject to the review and approval ofthe Director Building
& Park Construction and the Director of Planning & Building.
b. Place wood stakes on site prior to utility installation according to approved
preliminary street tree plans and shall be painted a bright color and labeled as future
street tree location.
c. Provide the City documentation, acceptable by the Director Building & Park
Construction and the Director of Planning and Building, that all utility companies
have been given notice that no dry utility line shall be located within five feet of the
wood stake in any direction.
d. Maintain street tree identification stakes in location as shown on approved
preliminary plans until all dry utilities are in place.
Submit final street tree improvement plans, including mailbox locations, for review and
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subject to the approval of the Director of Planning and Building and the City Engineer prior
to or concurrent with the second submittal of street improvement plans within the
subdivision. Approval ofthe street tree improvement plans shall constitute final approval of
the selection of street trees for the street parkways. (Engineering, Planning, Building and
Park Construction)
113. Residential street parkways shall be no less than 7.5 feet in width for the planting area,
except as approved by the City Engineer. The Applicant shall plant trees within said
parkways which have been selected from the list of appropriate tree species described in the
Bella Lago Precise Plan and Landscape Master Plan and shall be approved by the Directors
of Planning and Building, Building & Park Construction and Public Works. The Applicant
shall provide root barriers and deep watering irrigation systems for the trees, as approved by
the Director Building and Park Construction and the Director of Engineering. (Planning and
Building)
114. Prior to approval of each Final Map, provide proof to the satisfaction of the City Engineer
and Director of Building and Park Construction that all improvements located on open space
lots will be incorporated into and maintained by a Home Owner's Association or an Open
Space District. (Engineering, Building and Park Construction)
115. Prior to approval of each Final Map, agree to have future property owners oflots adjacent to
open space lots sign a statement at the time of property purchase, indicating that they are
aware and acknowledge that the perimeter walls within open space lots are the property of
the HOA, and that they may not modify or supplement the wall, or encroach onto Open
Space property. These restrictions shall also be reflected in the CC&R's that are recorded
against each property. (Engineering, Building and Park Construction)
I 16. Applicant shall keep any necessary retaining walls to a minimum and/or if a grading solution
can be found, retaining walls will not be used to gain additional space for the street corridor
unless approved as shown on the Tentative Map. The retaining walls are to be located and
detailed on all applicable grading plans for the Project, and subject to the approval of the
Directors of PI arming and Building, Public Works and Building and Park Construction.
Slopes gradients may be increased to the maximum permitted in the grading ordinance in
limited locations to accommodate constraints such as maintenance access ways. Landform
grading policies shall be observed and followed. If a combination oflow retaining walls and
modified landform grading cannot accommodate any constraints or maintenance access
areas, the top of slope shall be adjusted, as City deems necessary. (Building and Park
Construction)
PARKS
117. Prior to approval of each final map, the Developer shall pay the appropriate fees associated
with the Park Land Dedication Ordinance (PLDO) applicable to the Bella Lago Project. The
Project's Neighborhood and Community Park portions ofthe local park requirement shall be
33
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satisfied through the payment of fees, in a marrner acceptable to the Director Building and
Park Construction and in accordance with C.V.M.C. Chapter 17.10. (Building and Park
Construction)
118. Prior to the approval of the first Final Map for the Project, The Developer shall have
prepared, submitted to and received approval from the Director Building and Park
Construction of a comprehensive "Project Landscape Master Plan". Such approval shall be
indicated by means of the Director Building and Park Construction signature and date on said
Plan. The contents of the Landscape Master Plan shall conform to the City staff checklist
and include the following major components:
Landscape Concept;
Wall and Fence Plan, which shall indicate color, material, height and location offencing
and walls;
Brush Management Plan, identifying zones and treatment, if any, as contained in the
Bella Lago Conceptual Fuel Modification Zone Plan;
Maintenance Responsibility Map, which delineates of private and public property and
indicates the maintenance responsibility for each;
Planting Concept Plan; and
Master Irrigation Plan
(Building and Park Construction)
I 19. Upon request of the Director Building and Park Construction, The Developer shall update ilie
Project's Landscape Master Plan to conform to any substantial changes made subsequent to
the initial approval of the Plan. (Building and Park Construction, Planning and Building,
Engineering)
120. Within 90 days of approval of the final map, enter into a maintenance agreement and grant
easements as necessary for landscaping and improvements maintained by a Homeowners
Association within City right-of-way or such other public areas required by the City.
(Engineering, Building and Park Construction)
121. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare,
obtain the approval of and secure to the satisfaction of the Director ofPlarrning & Building
all landscape and irrigation slope erosion control plans. All plans shall be prepared in
accordance with the current Chula Vista Landscape Manual and Grading Ordinance, as may
be amended from time to time. Applicant shall install landscape and irrigation slope erosion
control in accordance with approved plans no later than six months ITOm the date ofissuance
of the grading permit. If the work carrnot be completed within the specified time, the
Applicant may request an extension, which may be granted at the discretion of the Director
of Planning & Building. Such a request shall be submitted for approval in writing to the
Planning & Building Department sufficiently in advance of the end of the six-month
timeframe to allow processing of the extension. Notwithstanding the time of installation of
landscape and irrigation slope erosion control, Applicant shall remain in compliance with
NPDES. (Planning, Building and Park Construction)
34
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OPEN SPACE/ENVIRONMENTAL
122. Prior to the issuance of the first grading permit for the Project, the Developer shall
contribute $21,437.14, in a form acceptable to the Director of Planning and Building, to
the City ofChula Vista's Repetitive Fire Restoration Reserve Fund ("Reserve Fund").
The contribution shall satisfY the Developer's long-term proportionate share to the
Reserve Fund and is in lieu of annual contributions. (Planning & Building)
123. The Developer shall comply with the take permit/authorization from the U.S. Fish and
Wildlife Service and California Department ofFish and Game, or comply with the
approved City ofChula Vista MSCP Sub-area Plan whichever is applicable to the
Project. (Planning and Building)
124. Prior to the approval of the first Map for the Project, the MSCP Preserve lots (Lots 141,
143 and 144), totaling approximately 86.5 acres, shall be conveyed through an
Irrevocable Offer of Dedication to the City or other appropriate management entity
deemed acceptable to the Director of Planning and Building. A conservation easement or
other similar restriction, acceptable to the Director of Planning and Building, shall be
provided that precludes the use oflots 141, 143 and 144 for any use other than preserve,
as set forth in the MSCP Sub-area Plan, unless agreed to by the City and the Wildlife
Agencies. (Planning & Building)
125. Prior to the issuance of the first grading permit for the Project, the Developer shall
provide offsite mitigation to include preservation of 2.5 acres, which brings the total
conservation for the Project to 89 acres (on-site and off-site). The off-site 2.5 acres shall
contain a minimum of 21 0 Otay tarplants. Off-site conservation shall be in a location
within the MSCP Subregional Preserve subject to the approval of the Director of
Planning & Building. A conservation easement or other appropriate mechanisms, as
approved by the City Attorney, shall be placed on the 2.5 acres to ensure preservation in
perpetuity. Prior to the issuance ofthe first grading permit for the Project, the Developer
shall provide funding for long-term management, in an amount and form acceptable to
the City. (Planning & Building)
126. The approval of this map by the City ofChula Vista does not authorize the applicant to
violate any Federal, State or City laws, ordinances, regulations or policies, including but not
limited to the Federal Endangered Species Act of 1973 and any amendments thereto (16
U.S.c. Section 1531 et seq.). (Planning & Building)
127. In accordance with authorization granted to the City ofChula Vista ITom the u.s. Fish &
Wildlife Service (USFWS) pursuant to Section lO(a) of the ESA and by the California
Department ofFish & Game (CDFG) pursuant to Fish & Game Code Section 2835 as part
of the Multiple Species Conservation Program (MSCP), the City ofChula Vista through the
approval/issuance of this map/permit hereby confers upon permittee the status of Third
35
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Party Beneficiary as provided for in Section 17 of the City ofChuIa Vista Implementing
Agreement (IA) approved by the City Council on , 2003. Third Party
Beneficiary status is conferred upon permittee by the City: (I) to grant permittee the legal
standing and legal right to utilize the take authorization granted to the City of Chula Vista
pursuant to the MSCP in accordance with those limitations imposed under this permit and
the lA, and (2) to assure permittee that no existing mitigation obligation imposed by the
City of Chula Vista pursuant to this permit shall be altered in the future by the City of Chula
Vista, USFWS, or CDFG, except in the circumstances described in the IA. Ifmitigation
lands are identified but not yet accepted by the City or other designated management entity
or preserved in perpetuity, maintenance and continued recognition of Third Party
Beneficiary status by the City is contingent upon permittee maintaining the biological
values of any and all lands committed for mitigation pursuant to this permit and of full
satisfaction by permittee of mitigation obligations required by this permit, as described in
accordance with the IA. (Planning & Building)
128. Prior to the issuance of the first grading permit for the Project, Area Specific
Management Directives (ASMDs) for the MSCP Preserve lots (Lots 141, 143 and 144)
shall be approved by the Director of Planning and Building. Prior to the issuance of the
first grading permit for the Project, Developer shall provide funding, in an amount and
form approved by the Director of Planning and Building, for implementation of the
ASMDs. (Planning & Building)
129. Prior to issuance of each grading permit for the Project, the Developer shall prepare a
fencing plan and obtain the approval of the Director of Planning and Building and the
City Engineer. The fencing plan shall include, as the City determines necessary, interim
and permanent fencing pursuant to the Project's Precise Plan Figure 5-3, Fence and Wall
Plan. In addition, the Developer shall:
a. Prior to the commencement of initial grading adjacent to the MSCP preserve Lots
143 and 144, install interim fencing adjacent to Lots 143 and 144 and shall be
maintained by the DevelopeI' in its original condition at all times;
b. Install permanent fencing concurrent with the initial rough grading of the Project.
Fencing shall be installed adjacent to the MSCP Preserve Lots 143 and 144 to
control access into the MSCP Preserve to the satisfaction of the Director of
Planning and Building. An alternative to permanent fencing would be the
planting of native barrier plants subject to the approval of the Director of Planning
and Building at his/her sole discretion;
c. Concurrent with the initial rough grading of the Project, install a six-foot solid
block masonry wall at the rear of Lots I and 2, and Lots 9 and 10 (see Precise
Plan, Figure 5-3; Fence and Wall Plan) for the protection of populations ofOtay
tarplant. The block wall shall not be located closer than twenty-five feet ITom the
nearest Otay tarplant and no developed area shall be closer than twenty-five feet
36
3 - S-~
."-.'.--.--.-.". ~._. -..-.-----,.
from the nearest Otay tarpIant; and
d. Indicate on all affected grading plans that all fencing and/or walls shall be
constructed entirely within the HOA-maintained open space lots irrevocably
offered to the City ofChula Vista. Perpetual maintenance of the fence and/or
walls shall be provided by the HOA. (Planning and Building, Engineering)
EMERGENCY SERVICES
130. The Developer shall comply with the Fire Department's codes and policies for Fire
Prevention, as may be amended ITom time to time. Prior to the issuance of any building
permit(s) for the Project, the Developer shall provide the following items prior to delivery of
combustible materials on any construction site on the Project:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any
temporary water supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface
or concrete surface, with a minimum standard width of20 feet or acceptable alternative
subject to approval of the Fire Marshall and in compliance with the U.F.C.
c. Street signs installed to the satisfaction ofthe Department of Public Works. Temporary
street signs shall be subject to the approval of the Department of Public Works and Fire
Department. Locations and identification oftemporary street signs shall be subject to
review and approval by the Department of Public Works and Fire Department. (Fire,
Planning, Engineering)
131. The Developer shall obtain the approval of the City's Fire Marshal for the timing of
construction of all internal streets in the Project. (Fire, Planning, Engineering)
132. In addition to those fire hydrants depicted on the tentative map, the Developer shall
install additional fire hydrants upon request and to the to the satisfaction of the Fire
Department. (Fire, Planning, Engineering)
133. The Developer shall comply with the Project's Fuel Modification Zone Plan dated
December 20, 2002 and as may be amended from time to time. (Fire, Planning,
Engineering)
37
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134. Construct or provide to the specifications or satisfaction of the City Engineer the
following features to all areas bound by private streets with controlled access devices,
such as gates:
a. Gates located to provide sufficient room to queue up without interrupting traffic.
a. Turnarounds at the gates.
b. Delineation of border between public streets and private streets by enhanced
pavement. No enhanced pavement shall be located within the public right-of-
way.
c. Emergency vehicle access.
d. Omnicom or other access devices required by the City Fire Marshal and Police
Department. (Engineering)
135. Provide red curbs and "no parking" signs to prohibit on-street parking on all streets
located within the Project site to the satisfaction of the City Engineer and Fire Marshal.
(Engineering and Fire)
CODE REOUlREMENTS
136. The Developer shall comply with all applicable sections ofthe Chula Vista Municipal Code.
Preparation of the Final Map for the Project and all plans shall be in accordance with the
provisions ofthe Subdivision Map Act and the City ofChula Vista Subdivision Ordinance
and Subdivision Manual. Underground all utilities within the subdivision in accordance with
Municipal Code requirements. (Engineering)
137. The Developer shall pay the following fees in accordance with the City Code and Council
Policy:
a. Signal Participation Fees.
b. The Transportation and Public Facilities Development Impact Fees including the
Recreation Development Impact Fees.
c. All applicable sewer fees, including but not limited to sewer connection fees.
d. Interim SR-125 impact fee.
e. Salt Creek Sewer Basin DIF.
f. Pumped Sewer DIF (If the Salt Creek Sewer Main Interceptor up to the Olympic
38
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....::5 -~ :c:
Parkway Pump Station is not accepted by the City prior to the Project's first Pinal
Map).
Pay the amount of said fees m effect at the time of issuance of building permits.
(Engineering)
138. The Developer shall comply with all relevant Federal, State, and Local regulations, including
the Clean Water Act. The Developer shall be responsible for providing all required testing
and documentation to demonstrate said compliance as required by the City Engineer.
(Engineering)
139. The Developer shall ensure that prospective purchasers sign a "Notice of Special Taxes and
Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and
assessments. Submit the disclosure form for approval by the City Engineer prior to Final
Map approval. (Engineering)
140. The Developer shall comply with Council Policy No. 522-02 regarding maintenance of
natural channels within open spaces, if any. (Engineering)
MISCELLANEOUS
141. The Developer shall make a good-faith effort to coordinate development and
implementation of the Bella Lago project with all other developers/applicants including,
but not limited to the Rolling Hills Ranch Subarea III development including phasing,
grading, infrastructure, improvements, and dedications of right-of-way.
142. Within thirty (30) days of the City Council approval ofthese map conditions, or prior to
the submittal of the first Final Map for the Project, whichever occurs first, the Developer
shall submit a digital drawing file of the tentative map in its approved form. The drawing
projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The
digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or
ArcView (GIS) format and shall contain the following individual layers:
a. Subdivision Boundary (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (polylines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
The digital drawing file shall be submitted in accordance with the City Guidelines for
Digital Submittal on 3 V2" disks or CD, as an e-mail attachment to the City Engineer or as
otherwise approved by the City Engineer. (Engineering)
39
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.. .~~-'~_...._- ".~ ..._--
143. Prior to Final Map approval, the Developer shall submit copies of all tentative maps, final
maps, grading and improvement plans in a digital format. The drawing projection shall be
in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the
maps shall combine all map sheets into a single CADD drawing, in DXF, DWG or
ArcView (GIS) format and shall contain the following individual layers:
a. Subdivision Boundary (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (polylines)
e. Street Names (annotation)
g. Lot Numbers (annotation)
The final map, grading plan, improvement plan, and maintenance responsibility map digital
files shall also conform to the City of ChuIa Vista Subdivision Manual requirements
therefore. The digital drawing files shall be submitted in accordance with the City Guidelines
for Digital Submittal on 3 y," disks or CD, as an e-mail attachment to the City Engineer or as
otherwise approved by subject to approval of the City Engineer. (Engineering)
144. Tie the boundary ofthe subdivision to the California System-Zone VI (I983). (Engineering)
145. Prior to the approval of the first Final Map for the Project, the Developer shall obtain
approval for all work within the SDG&E easement including but not limited to grading,
drainage, sewer and sewer access roads, and landscaping. (Engineering)
146. Prior to approval of the first Final Map for the Project, the Developer shall provide letters to
the satisfaction of the City Engineer from San Diego Gas and Electric (SDG&E)
acknowledging the crossing of utilities as shown on the on the Tentative Map. The
Developer shall enter into a Joint Use agreement with the City, SDG&E in a form acceptable
to the City Attorney for all public facilities crossing the SDG&E easements prior to the
approval of the first Final Map for the Project, which includes these facilities. The
Developer shall be responsible for any payment to SDG&E associated with the crossing of
the SDG&E easements. Work proposed within another agency's easement would require the
agencies signature on the applicable plans prior to permit issuance. (i.e. Landscape and
Irrigation, Grading and or Improvement Plans) (Engineering)
147. Prior to issuance of first Final Map for the Project, the Developer shall provide evidence,
satisfactory to the Director of Planning & Building that the school districts are satisfied.
(Planning & Building).
148. The Developer shall comply with all provisions of the Project's Air Quality Improvement
Plan (AQIP). The Developer hereby agrees to implement all AQIP measures as approved by
the City Council, and to comply and remain in compliance with the AQIP. (Planning and
Building)
40
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_"..~'"U~_...-
149. The Developer acknowledges that the City Council may from time to time modify air quality
improvement and energy conservation measures related to new development as various
technologies and/or programs change or become available. The Developer shall be required
to modify the Air Quality Improvement Plan (AQIP) to incorporate those new measures,
which are in effect at the time, prior to or concurrent with each Final Map approval within
the Project. The new measures shall apply, as applicable, to development within all future
Final Map areas, but shall not be retroactive to those areas, which received Final Map
approval prior to effect of the subject new measures. (Planning and Building)
150. The Developer shall comply with all provisions of the Project's Water Conservation Plan
(WCP). The Developer hereby agrees to implement al) WCP measures as approved by the
City Council, and to comply and remain in compliance with the WCP. (Planning and
Building)
151. The Developer acknowledges that the City Council may from time to time modify water
conservation measures related to new development as various technologies and/or programs
change or become available. The Developer shall be required to modify the Water
Conservation Plan (WCP) to incorporate those new measures, which are in effect at the time,
prior to or concurrent with each Final Map approval within the Project. The new measures
shall apply to development within all future Final Map areas, but shall not be retroactive to
those areas, which received Final Map approval prior to effect of the subject new measures.
(Planning and Building)
152. Prior to approval ofthe first Final Map for the Project, submit to the Planning and Building
Department 20 copies of the adopted Precise Plan, FEIR, CEQA Findings, and Mitigation
Monitoring Program in plastic binders. Specific document format, table of contents, binder
size and titles shall be as determined by City staff. (Planning & Building)
153. Prior to approval of the first Final Map for the Project, the Developer shall prepare, submit
and obtain approval by the Director of Planning & Building of a homeowner's manual to be
distributed to home purchaser outlining development parameters and design criteria for
structures and landscaping encroaching into the 50' Perimeter Fuel Modification Zone. The
homeowners manual shall also address landscaping and maintenance. The homeowners
manual shall address all items found in the Project's Fuel Modification Zone Plan including
but not limited to: 1) Allowable uses within the 50' Perimeter Fuel Modification Zone,
Firewise landscaping design, Firewise construction, fencing, permitted accessory structures,
including decks, retaining walls, and any other development standards as determined by the
Director of Planning & Building. (Planning & Building)
XIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
41
d-&:c/
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. not vested rights are gained by Developer
or a successor in interest by the City's approval of this Resolution.
XIV. INVALIDITY; AUTOMATIC REVOCATION
It is the intention ofthe City Council that its adoption ofthis Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio.
Presented by:
Approved as to form by:
Robert A. Leiter
Director of Planning & Building
Anne Y. Moore
City Attorney
42
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ATTACHMENT 3
Draft City Council Ordinance
5-67
"" ..._---~-,-_....__. - - -.-.--...--..-----
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE ZONING MAP OR MAPS
ESTABLISHED BY SECTION 19.18.010 OF THE CHULA
VISTA MUNICIPAL CODE REZONING 180 ACRES
LOCATED EAST OF THE FUTURE SR-125 FREEWAY AND
NORTH OF PROCTOR VALLEY ROAD TO RE,
RESIDENTIAL ESTATES WITH A (P) MODIFYING
DISTRICT DESIGNATOR.
I. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically
represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of
general description herein consist of 180 acres commonly known as Bella Lago, and located east
ofSR-125 and North of Proctor Valley Road ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on November 25, 2001, Bella Lago, LLC ("Developer") filed a Zone Change
application with the Planning and Building Department of the City of Chula Vista requesting an
amendment to the adopted Zoning map or maps established by Section 19.18.010 of the Chula
Vista Municipal Code rezoning 180 acres from PC, Planned Community to RE, Residential
Estates with a Precise Plan (P) Modifying District designator ("Project"); and,
C. Prior Discretionary Approvals
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
March 12, 2003 and, after hearing staff presentation and public testimony, voted _ to
recommend that the City Council approve the Project, in accordance with the findings listed
below; and,
D. Planning Commission Record on Applications
WHEREAS, a duly called and noticed public hearing on the Project was held before the City
Council of the City of Chula Vista on the Project and to receive the recommendations of the
Planning Commission, and to hear public testimony with regard to the same; and,
WHEREAS, the Planning Department set the time and place for a hearing on said Project, and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, and its mailing to property owners within 500 ft. of the exterior
boundary of the proj ect, at least ten (J 0) days prior to the hearing; and,
WHEREAS, The proceedings and all evidence introduced before the Planning Commission at
the public hearing on this project held on March 12, 2003, and the minutes and resolution
resulting there rrom, are hereby incorporated into the record of this proceedings; and,
.5 - & '6"
- ~-..--~_.._~
Ordinance
Page 2
E. City Council Record on Applications
WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and
notices of said hearings, together with its purposes given by its publication in a newspaper of
general circulation in the city, and its mailing to property owners within 500 ft. of the exterior
boundaries of the Project Sites at least ten days prior to the hearing; and,
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council meeting at which this Ordinance was introduced for first
reading (April 8, 2003), the City Council of the City Of Chula Vista approved Resolution
Number by which it approved a Precise Plan and Tentative Subdivision Map for 180
acres known as Bella Lago.
II NOW, THEREFORE, the City Council of the City Chula Vista does hereby find,
determine and ordain as follows:
A. CERTIFICATION OF COMPLIANCE WITH CEQA - PREVIOUS FEIR-Ol-OI AND
AMENDMENT REVIEWED AND CONSIDERED FINDINGS; APPROVALS
The City Council of the City of Chula Vista has previously reviewed, analyzed, considered,
approved and certified FEIR-02-05 and therefore no further action is necessary.
B. FINDINGS FOR APPROVAL OF REZONE AND PRECISE PLAN, INCLUDING
PROPERTY DEVELOPMENT STANDARDS
Pursuant to Section 19.56.041 of the Municipal Code, the City council of the City Chula
Vista finds that the following circumstances are evident, which allows the application of
the ("P") Precise Plan ModifYing District to the subject site:
The Planned Community Zone is typically associated with large tracts of land to
be developed with a variety of land uses, including commercial, industrial,
residential and other support land uses. In this case, the Bella Lago project site is
limited to a single land use in approximately half the project site (93.07 acres).
The Proposed rezone to residential estates complements the westerly adj acent
master planned community, which is also designated for large lot development.
However, in order to ensure that the development of this property is compatible
with the surrounding land uses, a Precise Plan with pertinent Property
development standards is necessary to allow the City sufficient control to achieve
the intended urban design character.
The City Council hereby finds that the proposed Rezoning and Precise Plan
Standards are consistent with the City of Chula Vista General Plan, and public
necessity, convenience, the general welfare and good zoning practice support the
amendments.
3 ~ (c7 9
"""'''-_.'-'---~------_.
Ordinance 2839
Page 3
C. APPROVAL OF REZONE
The City Council does hereby approve the rezone to the RE-P (Residential Estate with a "P"
Modifying District), including property Development Standards for Bella Lago, as represented in
Exhibit B.
IIII. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day fTom and after its
adoption.
Presented by
Approved as to form by
Robert A. Leiter
Planning and Building Director
Anne Y. Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of April, 2003, by the following vote:
AYES:
Councilmembers:
NAYS:
Councilmembers:
ABSENT:
Councilmembers:
Steve Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
3- ;7 C"
Ordinance
Page 4
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. had its first reading at a regular meeting held on the 8th day of April 2003 and its
second reading and adoption at a regular meeting of said City Council held on the 15th day of
April 2003.
Executed this 8th day of April 2003.
Susan Bigelow, City Clerk
:3 - ;7/
0 COUNTY OF SAN DIEGO
l'J ;!o I CITY OF CHU/A VISTA
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UPPER
GTAY
RESERVOIR
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Bella Lago, LLC
C) APPLICANT:
PROJECT East of future SR-125 freeway and EXHIBIT A
ADDREss: north of Proctor Valley Road
SCAlE: FILE NUMBER:
NORTH No Scale PCZ-D1-Q4, PCM-QZ-12;
PCS-03-03; EIR-<l2-<J5
C:\DAIFILE~ocators\PCZ_O 1-04,PCM-02-12;PCS-03-03,EIR-02-0S.cdr 02110/03
,3- :7"<
IV D eve lop men t Reg u I a t ion 5
A. Residential Estate
The following chapter details the specific standards and regulations pertaining to
development and lot improvements within Bella Lago, This Precise Plan is intended to work
in conjunction with the City of Chula Vista's established guidelines, therefore any information
not shown within the Precise Plan should be referenced in the City of Chura Vista Municipal
Code - Chapter 19,22 RE - Residential Estates Zone District.
1, Permitted uses
Permitted uses are those established in the RE, Residential Estates Zone District.
2, Development Standards
The following development standards shall apply to all land and buildings within the SFE
land use district. Dimensions and standards shown below are minimums. Where in conflict
with the RE, Zone District Development Regulations, the standards outlined in this precise
plan take precedence, where a particular item is not addressed in the precise plan, the RE,
Zone District Development Standards shall be used, Where setback requirements are in
conflict, the lot specific setback maps (Figures 4-1 through 4-27) shall supercede the
setback standards shown in Table 4-A,
EXHIBIT B
Bella Lago Precise Plan
City of Chula Vista, Caiifornia 10/31/02
Chapter 4 - Development Regulations
4-1
"'J -;7-?
--5-/.:5
DEVELOPMENT STANDARD LAND USE DISTRICT-
SFE
Lot Criteria
Lot area (minimum) 15,000 s,f,
Lot coverage (maximum) 40%
Lot depth (minimum) 100 feet
Lot width (minimum)
measured at property line 100 feet
knuckle or cul-de-sac street frontage 35 feet
Maximum FAR 0.5
Main Buildina Setbacks
Front yard setback from PL (minimum) 25 feet
Side yard setback from PL (minimum) 10 feet
Adjacent residential street (corner lot
setback - minimum) 15 feet
Rear yard setback from PL (minimum) 20 feet
Setback from top-of-slope
*Rear yard setback from top-of-slope 20 feet
(Lots 13 and 14 have 10' rear
yard slope setback)
Side yard setback from top-of-slope 10 feet
Fuel Modification Zone Setback * 50 feet
Main Buildina Heiaht (stories/feet! 21/2/28'
Accessorv Buildina Heiaht (stories/feet!
Building stories / height in feet (maximum) 1/15'
Buildinn area {maximum' 1200 s,f,
Parking
Minimum on-site spaces (minimum in garage) 2
Minimum on-street soaces 1
* See Chapter 5 for development and landscaping restrictions,
Lot Specific Setbacks
Table 4-A.
Note:
The Lot Specific Setback Maps (Figures 4-1 through 4-27) shall supercede the setback
requirements contained in Table 4-A in the event of conflicting or overlapping information,
The following Lot Specific Setback Maps indicate the respective setbacks, comments and
special requirements for each lot.
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-2
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Figure 4-1: Lot Specific Setback Maps for Lots 1-4
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
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Bella Lago Precise Plan
City of Chula Vista, Calilornia 10131 i02
Chapter 4 - Development Regulations
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Bella Lago Precise Plan ,
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
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Figure 4-4: Lot Specific Setback Maps for Lots 12-14
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-6
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Figure 4-5: Lot Specific Setback Maps for Lots 15-23
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
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Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
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Chapter 4 - Development Regulations
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Note:
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Figure 4-7: Lot Specific Setback Maps for Lots 29-32 and 39-42
Bella Lago Precise Plan
City of Chula Vista, California 10131/02
Chapter 4 - Development Regulations
4-9
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Note:
Grading is pursuant to Tentative Map
Figure 4-8: Lot Specific Setback Maps for Lots 33-38
Bella Lago Precise Plan
City of Chula Vista, California 10/31102
Chapter 4 - Development Regulations
4-10
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Note:
Grading is pursuant to Tentative Map
Figure 4-9: Lot Specific Setback Maps for Lots 43-48
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
r-:?
3 - 2(-:5
Chapter 4 - Development Regulations
4-11
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Figure 4-10: Lot Specific Setback Maps for Lots 49-52 and 59-62
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-12
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Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-13
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Figure 4-12: Lot Specific Setback Maps for Lots 63-68
Bella Lago Precise Plan
City of Chula Vista, California 10131/02
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Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-16
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Betla Lago Precise Plan
City of Chula Vista, California 10/31102
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Bella Lago Precise Plan
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Chapter 4 - Development Regulations
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Bella Lago Precise Plan
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Chapter 4 - Development Regulations
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Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-20
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ter 4 - Developmen 4-21
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Note:
Grading is pursuant to Tentative Map
Figure 4-20: Lot Specific Setback Maps for Lots 112-116
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-22
..3 - 7'y
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Note:
Grading is pursuant to Tentative Map
Figure 4-21: Lot Specific Setback Maps for Lots 120-123
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-23
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Note:
Grading is pursuant to Tentative Map
Figure 4-22: Lot Specific Setback Maps for Lots 124-127
Bella Lago Precise Plan
City of Chula Vista, California 10/31102
Chapter 4 - Development Regulations
4-24
3-96
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Note:
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Figure 4-23: Lot Specific Setback Maps for Lots 128-130
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4.25
S-97
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Note:
Grading is pursuant to Tentative Map
Figure 4-24: Lot Specific Setback Maps for Lots 13]-133
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-26
-7 Qc-~
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Note: t to Tentative Map
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Ma s for Lot 134
4 25' Lot Specific Setback p
Figure - .
L 0 Precise Plan 02
Bella ag , t California 10/311
City of Chula V's a, 3' _ 7' :7
o
25 50 75
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SCALE IN FEET
ment Regulations
Chapter 4 - Develop 4-27
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~
75
Note:
Grading is pursuant to Tentative Map
Figure 4-26: Lot Specific Setback Maps for Lots 135-138 aud 140
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-28
-3 _/00
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.
.
Note:
Grading is pursuant to Tentative Map
Figure 4-27: Lot Specific Setback Maps for Lot 139
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-29
$ -/c>/
_u___._ .,._.,._~._, ..~_~_.__.__ +____.+____..._________._
3, Accessory Structures
Accessory Buildings and Structures: Accessory buildings and structures, attached or
detached, used either wholly or in part for living purposes, shall meet all of the setback
requirements for location of the main building per the setback requirements Table 4-A
and lot specific setback maps (Figures 4-1 through 4-27), whichever is less restrictive;
except as herein provided.
a, Open attached structures may be allowed to encroach into rear yard setback subject to
approval by the Director of Planning,
b. Detached non-habitable accessory structures may be located within an interior side or
rear yard provided that such structures are located no closer than five (5) feet to an
interior side lot line, ten (10) feet from a rear yard lot line or ten (10) feet from top-of-
slope and is at least six (6) feet from main structure and does not exceed one story in
height.
c, Porches, steps, architectural features such as eaves, awnings, chimneys, balconies,
stairways, wing walls or bay windows may project not more than four (4) feet into any
required front or rear yard area, and not into any required side yard more than one-half
of said required side yard,
d, Non-habitable detached accessory structures constructed of non-combustible elements
such as swimming pools, steel fencing, block walls, concrete patios, etc. may be located
within the 50' fuel modification zone setback as found in Figures 4-1 through 4-27 and
are subject to approval by the Director of Planning for the City of Chula Vista. However,
setbacks for detached structures as stated in 3,b, above must be maintained,
Additionally, fuel modification regulations must be maintained as stated in Section 6 on
the following page, Refer to Chapter 5 - Design Guidelines for additional restrictions
and requirements pertaining to accessory structures located within or near the 50' fuel
modification zone,
4, Walls and Fences: Residential Districts
In any required front or side yard adjacent to a street, a wall, fence or hedge shall not
exceed forty-two (42) inches in height. Perimeter walls, fences or hedges not more than
six (6) feet in height may be maintained along the interior side or rear lot line, provided
that such wall, fence or hedge does not extend into a required front or side yard adjacent
to a street. Fences and walls located within the 50' Fuel Modification Zone must comply
with Section 6 on the following page,
5. Animal Requlations
The keeping of any domesticated animals must comply with the existing guidelines
established in the City of Chula Vista Municipal Code Chapters 6.02, 6,04 and 6,08,
Additionally, no livestock or larger animals (ie, Horses, cattle, sheep, hogs, goats, etc,)
will be allowed within Bella Lago for domesticated or commercial purposes. All
commercial applications discussed in Chapter 6,08 are strictly prohibited within Bella
Lago, including kennels, catteries and pet shops and the keeping of commercial poultry
and rabbits,
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-30
.3' - /C''::?
6, Bella Laqo Fuel Modification Zone Plan Development Requlations
For a description of the fuel modification concepts, see Section 5,0 of the Bella Lago
Conceptual Fuel Modification Zone Plan or refer to Appendix B for a condensed version
of these concepts, A typical cross-section of the concept is shown below,
a, Fuel Modification Zone Setback Area
(Shown on Figures 4-1 through 4-27 Lot Specific Setback Maps), This area
starts at the MSCP Open Space Reserve line and/or the project perimeter
boundary and moves inward towards the developed area for 50 feet. The
following development standards apply to this area:
1, Structures with a residential occupancy, as defined by the UBC, are not
permitted within this area.
2, Detached accessory structures with non-residential occupancy as defined by the
UBC are permitted if constructed with non-combustible materials (Concrete
walkways, swimming pools, fences, trellis, patio covers, decks and pool houses),
3, All fully enclosed structures must be equipped with interior fire sprinklers,
b, Special Fire Protection Features within Bella Lago
1, All residential structures, including attached and detached accessory structures,
will be built with a Class A Roof Assembly and attic or foundation ventilation
louvers or ventilation openings in vertical walls shall not exceed 144 square
inches per opening and shall be covered with %.inch mesh corrosion-resistant
metal screening or other approved material that offers equivalent protection, Attic
ventilation shall also comply with the requirements of the Uniform Building Code
(U,B,C,), Ventilation louvers and openings may be incorporated as part of access
assemblies,
2. All residential structures, including attached and detached accessory structures
located on lots 1-10, 13, 14, 28, 36, 45, 46, 55, 65-67, 75, 76, 85, 86, 94, 95,
104-106,113,114,121-134 and 139 will be required to implement the following
fire protection features:
a) All exterior walls facinq and within 10Q-feet of highly flammable vegetation will
be constructed with fire resistant building materials and protected with 2-inch
nominal solid blocking between rafters at all roof overhangs, under the
exterior wall covering,
b) No attic ventilation openings or ventilation louvers shall be permitted in soffits,
in eave overhangs, between rafters at eaves, or in other overhanging areas.
c) All eaves of roof overhangs shall be enclosed with non-combustible
materials,
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-31
5' _/c:J-5
d) All projections (exterior balconies, carports, decks, patio covers, unenclosed
roofs and floors, and similar architectual appendages and projections) shall
be of non-combustible construction, one-hour fire-resistive construction on
the underside or heavy timber construction, When such appendages and
projections are attached to exterior fire-resistive walls, they shall be
constructed to maintain the fire-resistive integrity of the wall.
e) All glass or other transparent, translucent or opaque glazin9 materials,
including skylights, shall be constructed of tempered glass or multi-layered
glazed panels. No skylights will be allowed on the roof assembly facing
hazardous vegetation,
f) Any chimney, flue or stovepipe will have an approved spark arrester. An
approved spark arrester is defined as a device constructed of non-flammable
materials, 12 gauge minimum thickness, or other material found satisfactory
by the City of Chula Vista Fire Department, and having 1/2 inch perforations
for arresting burning carbon or sparks and installed to be visible for the
purposes of inspection and maintenance.
g) Any wooden or combustible sideyard fences must be separated from the
residence by either a one-foot wide rock or brick anchor post, a non-
combustible gate and/or non-combustible fencing.
c, Utility Easement and Access Road
(Shown on Figures 4-1 through 4-27 Lot Specific Setback Maps), There will be a
12-foot wide fire access and utility maintenance road constructed within the
landscaped 40-foot wide easement along the eastern property boundary starting
from lot 139 and continuing south to lot 35 and west to lot 29, No development
will be allowed within the easement area,
d, Maintenance and Enforcement
The following conditions are included in the Bella Lago Homeowner Association
CC&R's and must be maintained:
1, The homeowner is personally responsible for all fuel treatment measures on their
lot.
2, The Bella Lago HOA Board has the responsibility and authority for enforcing fuel
treatment measures on all lots and restrictions on building of combustible
structures on all restricted lots. The Chula Vista Fire Department will hold the
Bella Lago HOA accountable for enforcement of all wildland fire protection issues
discussed in this plan,
3, All property owners are members of the Bella Lago HOA and will financially
support the annual maintenance of all required Fuel Modification Areas
surrounding the Bella Lago development.
4, All individual lot landscaping plans, including additional structures, must be
approved by the Bella Lago HOA Board and under the guidance of the Chula
Vista Fire Department and Landscape Architecture Division,
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4.32
3 -/C,y
B. Open Space
A total of 86,5 acres on-site, or 49% of the property, is proposed to be dedicated as
open space within the City's MSCP Preserve concurrent with project entitlements
(grading permits), These open space areas will be consistent with the City's General
Plan and will contribute to establishing the character of Bella Lago as a rural residential
community with a focus on open space,
Bella Lago has one open space designation of an OS District. The OS District is
intended for natural open space, habitat preservation and limited public uses,
1. Permitted and Conditional Uses
Only those uses as described in the City's MSCP Subarea Plan (Section 6,0) as
compatible and conditionally compatible uses are allowed within the OS district. No
other permitted or conditional uses are allowed in the OS district except for utilities,
access to utility facilities. brush management in the utility easement and rock burial
within the utility easement.
2. Area Specific Management Directives
Area Specific Management Directives (ASMD) have been developed pursuant to the
City's MSCP Subarea Plan and incorporate the management actions identified in the
City Planning Component Framework Management Plan, The ASMD also includes
management measures as required for Covered Species within the Open Space
area pursuant to Table 3-5 of the MSCP Subregional Plan and Appendix A of the
Chula Vista MSCP Subarea Plan, The ASMD identifies both short-term and
long-term management measures, Short-term management measures will be
implemented during the construction phase of the project and will be the
responsibility of the project developer. Long-term management measures will be
implemented by the designated preserve manager. Funding for the implementation
of the management measures will be provided by the developer prior to issuance of
the first grading permit. The complete text of the ASMD is included as Appendix A to
this Precise Plan.
Walls and Fences:
The ASMD's include a requirement to provide fencing and/or walls in limited
locations adjacent to the MSCP open space in order to control access into the
preserve, Any fencing or walls determined to be necessary shall follow the design
requirements described in Chapter 5,C, of this Precise Plan.
Bella Lago Precise Plan
City of Chula Vista, California 10/31/02
Chapter 4 - Development Regulations
4-33
-5-/C;-S-
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Bella Lago Precise Plan. Rezone, and Tentative Tract Map Draft EfR
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Lots Numbers
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Lots 29-48
Lots 49-68
Lots 69-82
Lots 83....107
Lot. toe 123
Lot. 124-140
Total
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25 lo'ts
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144 Lats
Total lot Quantity
Conceptual Phasing Plan
CBe[{a LagD
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F...,....ry 2003
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Bella Lago Precise Plan
City of Chula Vista, California 02/21/03
0' -//C/
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SymbOIT Land Use Proposed
Acres Development
Units
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SFE,I I Residential Estate (0,5.3 DU/Am) I 93,07 I 140
Open Space Uses
OS I Natural Open Space 86.50
Total Acreage 179,57
Average Lot Size.........23,413 sf
Average Pad Size...."" 16, 143 sf
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LAND USE MAP
FIGURE 8
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Bella Lago Planning Commission Report
City of Chula Vista, California
3-//~-
Legend
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Bella Lago Planning Commission Report
City of Chula Vista, California
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~ Land Planning
...................... ....................... ......_..mm...................... ......_..........._................... ... .... ......... ...................................................... .................................... .............................................. m..........._..
Bella Lago Precise Plan
City of Chula Vista, California 02/21/03
FIGURE 10
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:1 -//'7
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Bella Lago Planning Commission Report
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FIGURE 12
~/
Bella Lago Planning Commission Report
$-//'7
City of Chula Vista, California
'''--''~'-''-'-
-.--..-.--....----------.--
ATTACHMENT 5
Precise Plan (See Binder)
J- /~cJ
ATTACHMENT 6
Ownership Disclosure Statement
J~/~/
~____.~__ ..___.._....._M ___.". ,'_e_.,,"__ .,....._,_..~.__..__.,,___, 'M'__~__""_'_"_~
Append ix B
THE CITY L CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies, The following information must be disclosed:
1, List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e,g" owner applicant, contractor, subcontractor, material supplier,
Bella Lago, LLC
2. If any person> identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership,
Tim Wilson
Doug Jennings
3, If any person> identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
4, Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes No....lL
If yes, please indicate person(s):
5, Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
Tony Lettieri Bob Haynes
Jim Whalen
Steve Estrada
Tim Wilson
6, Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes No ~ If yes, state which
Councilmember(s):
(NOTE: ATTACH ADDITIONAL PAGES AS N
Date:
5,/f.tJ/
Signat re of contractor/applicant
7X~flI1 ML5tJA/
Print or type name of contractor/applicant
.. Person is defined as "Any individual. firm, co-partnership, joinl venture, association. socia! club, jrcaternal organi::Q(ion, corporal/on.
esfale, trust, receiver. syndicaIe. this and any other county. ci(v and cDumry. elry mumcipala.v. dIStrict. or other poliucal subdivision. or Qny
other group or combinarion acting as a unit ..
3-/~-f
..m_._.~_.'~' _._ .....-,...._.._______
PLANNING COMMISSION AGENDA STATEMENT
Item: 5
Meeting Date: 03/12/2003
ITEM TITLE:
Public Hearing: Conditional Use Permit PCC-03-l7, proposal to allow a
700 square foot accessory second dwelling unit located in the front of the
property, in connection with a 1,200 single-family dwelling unit located
in the rear of the property of a Single-Family Residence in the R-1-5P
zone, at 260 Zenith Street. The proposed unit is in compliance with State
Government Code Section 65852.2(b)(l)(A)-(I).
The property owner proposes to build a 1,200 square foot single-family dwelling unit as the
primary unit on a 7,500 square foot lot. The lot contains an existing 700 square foot single-
family dwelling, which would then be designated as an accessory second dwelling unit. The
proposed accessory second unit exceeds the allowable square footage of the City's newly
adopted Accessory Second Dwelling Unit Ordinance. However, because the project application
was received prior to the adoption of the new ordinance, the applicant is processing the request
under the provisions of the city's policies prior to the new ordinance. Under these provisions, a
Conditional Use Permit is required and the project must meet the requirements of the state
government code, As required, the existing and proposed units, as described, will be in
compliance with the applicable provisions of the state government code.
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Enviromnental Quality Act (CEQA) and has determined that the project qualifies
for a Class 3, Section 15303 categorical exemption pursuant to the State CEQA guidelines. No
further enviromnental review is necessary,
RECOMMENDATION: That the Planning Commission adopt the attached Resolution
PCC-03-l7, based on the findings and conditions contained therein for a accessory second unit,
per state Govermnent Code Section 65852.2(b)(I )(A)-(I),
DISCUSSION:
I. Site Characteristics
The property is 7,500 square-feet in size, essentially flat and contains an existing 700 square-foot
single-family dwelling and two detached sheds located in the rear of the property. The uses
adjacent to the property include single-family dwellings in all directions,
2. General Plan, Zoning and Land Use
Site:
North:
South:
East:
General Plan
Residential, Low-Medium
Residential, Low-Medium
Residential, Low-Medium
Residential, Low-Medium
Zoning
R-I-5P
R-I-5P
R-I-5P
R-I-5P
Current Land Use
Single-family residential
Single-family residential
Single-family residential
Single-family residential
/
Page 2, Item:
Meeting Date: 03/12/03
West:
Residential, Low-Medium R-I-5P
Single-family residential
3, Proposal
The project proposal is to allow the construction of a second unit, consisting of 1,200 square foot
single-family detached dwelling unit and an attached two-car garage. This new unit will take
access from the alley at the rear of the property and would become the primary residence. The
existing 700 square foot single-family dwelling unit would become the accessory second
dwelling unit. Parking for the accessory second dwelling unit will be one uncovered space
adjacent to the unit, taking access from Zenith Street. As part of the overall project design,
existing accessory structures will be removed and new fencing will be provided around the
property,
Though the proposed accessory second unit for this project exceed the 650 square foot maximum
allowed by the City's new accessory second unit ordinance, this application was submitted prior
to the enactment of this ordinance, and is being processed under the previous policy, which
required a Conditional Use Permit and reviews the proposal using state guidelines, The
proposed second accessory unit on this property meets these guidelines, State Government Code
Section 65852,2(b)(I )(A)-(I) is explained below:
(b) (I) When a local agency has not adopted an ordinance by July I, 1983, or within 120 days
after receiving its first application, the local agency shall grant a special use or conditional use
permit for the creation of an accessory second unit jfthe unit complies with all of the following:
(A) The accessory second unit is not intended for sale, but may be rented.
(B) The lot is zoned for single-family or multi-family use,
(C) The lot contains an existing single-family dwelling
(D) The accessory second unit is detached and will be located on the same lot as a single-
family residence.
(E) The total area ofthe accessory second unit does not exceed 1,200-sq. ft,
(F) The accessory second unit meets local requirements related to height, setback, lot
coverage, architectural review, site plan review, fees, charges, and other zoning
requirements generally applicable to the zone,
(G) The accessory second unit project meets local building code requirements for detached
dwellings, as appropriate
ANALYSIS:
The proposed accessory second unit has been designed and sited to meet the state criteria and
local zoning ordinance, as outlined below:
(A) The accessory second unit cannot be sold, but may be rented,
(B) The subject lot is in an R-l (Single-Family Residence) zone.
(C) The lot contains an existing 700 square foot single-family dwelling,
(D) The accessory second unit will be detached and on the same lot as a single-family
residence.
.,).
Page 3, Item:
Meeting Date: 03/12/03
(E) The accessory second unit will be 700 square feet.
(F) The Existing 700 square foot unit will be considered the accessory unit will comply with
all of the required R-I-5P development standards, as outlined in the table below:
DEVELOPMENT
STANDARD
Height
Lot Coverage (total)
Setbacks:
Front
Rear - to garage door
Rear - to building
Sides
Parking
Floor Area Ratio (total)
ALLOWED/REQUIRED
PROPOSED
2 1f2 stories
40 percent
1 story
35 percent
15 feet
25 ft to opposite side of alley
10 feet
5 on each side
I space for ASDU/2 for
primary unit
45 percent
80 feet
10 feet
10 feet
5& 15 feet
I space for ASDU/2
for primary unit
31 percent
(G) Fees, and other charges shall be paid in association with the required building permit, to
be applied for and reviewed in conformance with local building codes upon approval of
this Conditional Use Permit;
Accessory second units of various sizes have come before the Planning Commission previously.
The Commission is concerned with large second units because of the potential incompatibility
regarding size and scale within the context of single-family dwelling neighborhoods in the City
Of Chula Vista. In cases where a second unit appeared larger or out of scale with the
surrounding dwellings, the applicant was required to reduce the square footage of the unit. To
address these concerns the applicant is requesting to label the existing 700 square foot dwelling
unit as the accessory second unit. In addition, staff visited the site and identified residential uses
in the surrounding neighboring properties. The placement of the proposed one story 1,200
square foot primary residence in the rear yard will have the least impact on the surrounding
neighbors and neighborhood, and will not impact the intent of the R-l-P zoning district. In
addition, the proposed fencing and improvements to the alley will improve the appearance of the
subject property.
CONCLUSION:
The project, as described, satisfies State Government Code regulations for accessory second
units and meets the City Of Chula Vista's requirements for the findings to approve a Conditional
Use Permit. The project provides needed affordable housing and is consistent with the General
Plan's Housing Element. Furthermore, the project will not be a detriment to the surrounding
neighborhood.
Staff recommends approval of the application for a Conditional Use Permit to allow the
accessory second unit at 260 Zenith Street, in accordance with the findings and conditions of
approval in the attached Planning Commission Resolution PCC-03-l7.
Attachments
1. Locator Map
2, Resolution PCC-03.17
3, Project Submittal
:3
J:\Planning\DAWN\CaseFiles\pc reports&resos\PCC-03-17 Agenda Statement.doc
-.----------...-..--
RESOLUTION NO. PCC 03-17
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT,
PCC-03-17, TO ALLOW A 700 SQUARE FOOT ACCESSORY
SECOND DWELLING UNIT AT 260 ZENITH STREET, IN
COMPLIANCE WITH STATE GOVERNMENT CODE
REGULATIONS 65852.2 (B)(I)(A)-(I).
WHEREAS, a duly verified application for a conditional use permit was filed with the
City of Chula Vista Planning Department on September 03, 2002, by Robert Amaya; and
WHEREAS, said applicant requests permission to allow an existing 700 square foot
single-family dwelling unit to become the accessory second dwelling unit on the property in
conjunction with the construction of a new 1,200 single-family dwelling unit in the rear of the
property at 260 Zenith Street. The proposed accessory second dwelling unit 700 square foot
single-family dwelling unit is in compliance with the provisions found in the State Government
Code; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) has determined that the
project qualifies for a Class 3, Section 15303 exemption pursuant to the State CEQA guidelines
and no further environmental review is necessary; and
WHEREAS, the Planning Director set the time and place for a hearing on said
Conditional Use Permit and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to
the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely March 12,
2003, at 6:00 p,m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed; and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the conditional use permit application, the Planning Commission
voted to approve the conditional use permit; and
WHEREAS, the Planning Commission of the City of Chula Vista does hereby make the
findings required by the City's rules and regulations for the issuance of conditional use permits,
as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated
finding to be made.
I. That the proposed use at this location is necessary or desirable to provide a service
or facility which will contribute to the general well being of the neighborhood or the
community.
The proposal is to allow a 700 square foot single-family dwelling unit to become the
accessory second dwelling unit on the property. The requested use will take place within
r.f
an eXlstmg single-family residential neighborhood, State legislation declares that
accessory second units are a valuable form of housing in California, providing housing
for family members, students, the elderly, in-home health providers, the disabled, and
others, at below market prices within existing neighborhoods, Accessory second units
help to ameliorate a community and region-wide problem of providing an adequate
supply of affordable housing and does not adversely impact the neighborhoods in which
they are located,
2. That such use will not under the circumstances of the particular case he detrimental
to the health, safety or general welfare of persons residing or working in the vicinity
or injurious to property or improvements in the vicinity.
The existing and proposed single-family dwelling unit will not have a detrimental impact
upon the surrounding residential neighborhood, The lot is 7,500 square foot in size and is
sufficient to accommodate the existing and proposed single-family dwelling unit. The
architecture and site planning are consistent with single-family character of the
surrounding residences, The proposed single-family dwelling unit will be located in the
rear yard behind the existing dwelling unit where it will have it's primary access off of
the existing alleyway. In addition, the unit will be constructed in conformance with the
Uniform Building Code,
3, That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The conditional approval of PCC-03-l7 requires compliance with all conditions, codes
and regulations, as applicable, prior to the final issuance of any permit for or occupancy
of any new building on the property,
The Planning Commission finds that the request meets the requirements of the California
Government Code relating to detached accessory second units as follows:
(A) The accessory second unit is not intended for sale, but may be rented,
(B) The lot is zoned R-l for single-family use.
(C) The lot contains an existing single-family dwelling.
(D) The accessory second unit is detached and will be located on the same lot as a
single-family residence.
(E) The total area of the accessory second unit (700 sq. ft,) does not exceed 1,200-sq.
ft.
(F) The accessory second unit meets local requirements related to height, setback, lot
coverage, architectural review, site plan review, fees, charges, and other zoning
requirements generally applicable to the zone,
(G) The accessory second unit project meets local building code requirements for
detached dwellings, as appropriate.
4, That the granting of this Conditional Use Permit will not adversely affect the
General Plan ofthe City or the adopted plan of any government agency.
This Conditional Use Permit is in compliance with the General Plan of the City, because
Goal Three of the Housing Element of the General Plan is to ensure that an adequate and
diverse housing supply is available and Policy 3.4,3 states "Second dwelling units
provide additional low-cost housing opportunities to residents", ",
~
WHEREAS, the Planning Commission of the City ofChula Vista grants Conditional Use
Permit PCC-03-l7 subject to the following conditions required to be satisfied by the applicant
and/or property owner(s):
ENGINEERING DIVISION
I, Install a twenty (20) foot wide, 6-inch thick concrete alley along the rear property line.
Applicant may apply for a deferral of the alley improvement in lieu of actual construction
of the alley. A deferral will be accepted by the City and will cover the cost of only one
half the width of the alley (10 feet).
PLANNING & BUILDING DEPARTMENT
2, A Building Permits is required, Plans must comply with the 1998, California Building
Code, California Plumbing Code, California Mechanical Code, and the 2001 California
Energy Code.
3, The site shall be developed and maintained in accordance with the approved plans, which
include site plans, architectural elevations, exterior materials and colors on file in the
Planning Division, the conditions contained herein, Title 19, and the Montgomery
Specific Plan.
STANDARD CONDITIONS
4, The conditions of approval for this pennit shall be applied to the subject property until
such time that the conditional use permit is modified or revoked, and the existence of this
use permit with approved conditions shall be recorded with the title of the property. Prior
to the issuance of the building permits for the proposed unit, the applicant/property owner
shall provide the Planning Division with a recorded copy of said document.
5. This permit shall be subject to any and all new, modified or deleted conditions imposed
after approval of this permit to advance a legitimate governmental interest related to
health, safety or welfare which the City shall impose after advance written notice to the
Permittee and after the City has given to the Permittee the right to be heard with regard
thereto. However, the City, in exercising this reserved right/condition, may not impose a
substantial expense or deprive Permittee of a substantial revenue source which the
Permittee cannot, in the normal operation of the use permitted, be expected to
economically recover,
6. This permit shall become void and ineffective if not utilized within one year from the
effective date thereof, in accordance with Section 19.14.260 of the Municipal Code,
Failure to comply with any conditions of approval shall cause this permit to be reviewed
by the City for additional conditions or revocation,
7. Any deviation from the above noted conditions of approval shall require the approval of a
modified conditional use permit.
8, The applicant/owner shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its City Council members, officers, employees and representatives, from
and against any and all liabilities, losses, damages, demands, claims and costs, including
court costs and attorney's fess (collectively, liabilities) incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Conditional Use
(p
Permit, (b) City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
( c) Applicant's installation and operation of the facility permitted hereby, including,
without limitation, ant and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions, Applicant/operator shall
acknowledge their agreement to this provision by executing a copy of this Conditional
Use Permit where indicated below, Applicant's/operator's compliance with this
provision is an express condition of this Conditional Use Permit and this provision shall
be binding on any and all of applicant's/operator's successors and assigns.
9. Execute this document by making a true copy of this letter of conditional approval and
signing both this original letter and the copy on the lines provided below, said execution
indicating that the property owner and applicant have each read, understood and agreed to
the conditions contained herein, and will implement same, Upon execution, the true
copy with original signatures shall be returned to the Planning Department. Failure to
return the signed true copy of this document shall indicate the property owner/applicant's
desire that the project, and the corresponding application for building permits and/or a
business license, be held in abeyance without approval.
Signature of Property Owner
Date
Signature of Representative
Date
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby approve Conditional Use Permit PCC-03-l7 in accordance with the findings and
subject to the conditions contained in this resolution,
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 13th day of March, 2003, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
Russ Hall, Chair
ATTEST:
Diana Vargas, Secretary
7
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CHULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT PROJECT OESCRIPTION:
C) APPLICANT: AMAYA ROBERTO CONDITIONAL USE PERMIT
PROJECT Request: Proposing a 1200 sq,ft. single-detached
AOORESS: 260 ZENITH STREET
dwelling, with an attached 22'x20' two car garage.
SCAlE: FILE NUMBER: ! The existing dwelling is 700 square feet on 7,000
NORTH No Scale PCC-03-17 lot sauare feet.
j:lhomelplanning\cherrylcllocators3Ipcc0317,cdr 09,12,02
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-.- CITY OF CHULA VISTA
'';: ~= = Planning & Building Department
-
01Y Of 276 Fourth Avenue
CHUlA VISTA (619)69l-SlOl
II TYPE OF REVIEW REQUESTED (Check One)
~
Development Processing
Application Form - Type A
Page One
Conditional Use Permit 1/7 If- I staff use onlv1 Case No.: re..v- C5-1:r
Filing Date: 5 -.3 -' 01- By: LT
o Variance Assigned Planner: \-\ I1A.o Vt \)~ <:::.
Receipt No,: 0),,- DOt ).01-:::3
o Design Review Project Acct: Bo- '"{)5~
o Special Land Use Permrt (Redevelopment Areas Only) Deposit Acct: ~ Q- ~ ~ ~
Related Cases:
/ t.J)
o Miscellaneous: DZ,A, Public Hearing
APPLICANT INFORMATION
Applicant Name /? OB6/<.""" AM/? Y/l I pzne, )0,
I (Plq 6Cj/- w:L9,j
Applicant Address A-#/T~ 5+, a.!. 0s/,;
, If7 Cj /9//
I
jApplicant's Interest in Property If applicant is not owner, owners authorization
i~own :=J Lease o In Escrow o Option to purchase is required to process request, See signature
on Page Two,
iArchrtect/Aaent Ph(~e No,
i It Ie.y.. Sa.u c.eclu 8 S-g) ;;1..3::2. 55/8 ~
!Archrtect/Agent Address
I 17(06 Go+h"'(\A s+. C.h..~LCi. V['s+Ft QIC[13
j
II GENERAL PROJECT DESCRIPTION (for all types) I
IProject Name I I Proposed Use
I M ES/OE/lJcE ! . ~ rY1 , dwe Y)
Ii
I A AYAS R.
General Description of Proposed Project
(Please use Appendix A to provide a tull description and justification for the project), ,
P,.t<OP051/]'J ':'- 5111.j16' / de-ta ch e cL .I, 5/(;)/;- 5-10/ 't A/1,q/N owe/II /13 ~ /;200
I 5t UC<.re feet WI-I:J.. "'JI q,-tta.c-h ed 2,;1. )(:2.0 =- "'1;,'0 s[uti./'e .,ceef ~ TWO C'-:K..
I tiara.'1e. EX/ST/AJ.,3 7/000 5~"Ul./e -feet t.o-t 5 ~ 5 a.eE /1191. am/Ii
, J w'tllifl 0+ 700 S <<-/LIe ,F-ee.-6.
! Has a representative attended a Pre.Application Conference to discus~this .Qroject? I' y:G $
! If so, what was the date? 8. /~. 02. Pre-App No,: , ~D~-oOtl
L SI!J3JECT PROPERTY INFORMATION (for all types)
jLocation/Street Address
.2Jo 0 -rE.N riH S-t.
,[A. ssessors Parcel No,
iPo<.3 - ;(0/ - 37
Currern enera an slgnatlon
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urren an se r-<)
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FORM A.OEV Pl (PAGE 1 OF 2)
cr
12199
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- - - -
CITY OF CHULA VISTA
Planning & Building Department
276 Fourth Avenue
(6l9)691-SlOl
Development Processing
Application Form
Page Two
01Y OF
CHUlA VISTA
(staff use onlYl
Case No.:
PROPOSED PROJECT (all types)
I
Type of Use Proposed
Residential 0 Comm, Dlnd, o Other
Landscape Coverage [% at Lot)
Building Coverage (% of Lot)
II RESIDENTIAL PROJECT SUMMARY
Type of Dwelling Unit(s) Number of Lots
5',] Ie f"o..mi\y de:-b:>..c..4.ed ONE
No, of Dwelling Units Proposed Existing
.
z
.3 6edr""'^
2. 6t:dro "'-"'\
aXlmum UI Ing
I ZS'
II Parking Sooces Total Off-street
Required by Code: 1/ 'I
! Provided: 7 i
lopen Space Description (Acres each of private. common, and landscaping)
I
NON-RESIDENTIAL PROJECT SUMMARY
Proposed
Existing
NA-
IHours of Operation [Days & Hours)
I
IAnticipated Total # Employees
i
jParking Spaces Required
I
Spaces Provided
Type of parking (size)
I ren (ff ap;JIicable]
I ren Iff applicable]
8. ao.o:2-
'15. '30, 02-
q -(0 , (/ Z-
1'0
FORM A.PAGE 2 OF 2
11/99
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Planning & Building Department
Planning Division - Development Processing
276 Fourth Avenue, Chula Vista, CA 91910
(6]9) 691-S101
CTTYOF
CHUlA VISTA
Application Appendix "An
PROJECT NAME:
PROJECT DESCRIPTION AND JUSTIFICATION
/l /1/1/1 YA ; Kes;' de /} c.e.
Ale,/- S/-J-uc..EDO
APPLICANT NAME:
Please describe fully the proposed project, any and all construction that may be accomplished
as a result of approval of this project and the project's benefits to yourself, the property, the
neighborhood and the City of Chula Vista, Include any details necessary to adequately explain
the scope and/or operation of the proposed project. You may include any background
information and supporting statements regarding the reasons for, or appropriateness of, the
application, Use an addendum sheet if necessary,
For all Conditional Use Permits or Variances, please address the required "Findings' as listed in
listed in the Application Procedural Guide.
Description & Justification,
/1;e p/Zo/loS60 deia~cI/ Sf/79le - s&ay / /HR'/-v .RESIOE>U~G
w/fh Wt-1 aiit0hed 8C/A"a..~ tv/II kcvula'7 Mo/rt30M--er/,
l2e5;cle/rlrd/ area- 6'1 11'1/7/"11<///1 f /?G'4/C 4?-?-E Y 'To
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CItY .5ra/J "I,.roS ./' .
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4/..;: o::f 0 U r c.o /IA- /I-<. t.{ /I / /- y
11~~ / 5Q.f'e1-y C>.'7d/ol' tje/l erJ (M J a/'e J
Afl/O wlil ~ a.clve/'s0 C{ffec.-l ~ ye/lerc...R plan .
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a"1 (;177 or ~
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1/
-,
Appendix B
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
1, List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e,g" owner applicant, contractor, subcontractor, material supplier.
RD6-er t A may C'--
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership, .
j/ Ill-
3, If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
;J/19
4, Have you had more than $250 worth of business transacted with any member of the City s~
Boards, Commissions, Committees, and Council within the past twelve months? Yes _ No_
If yes, please indicate person(s):
5, Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
6, Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Council member in the current or preceding election period? Yes _ No ~ If yes, state which
Councilmember(s):
Date:
(NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY)
%.30, 62....
e of contractor/applicant
/lIe;>:: S~CGOo
Print or type name of contractor/applicant
IJ.--
* Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club. freater1JlJ/ organization. corporation,
estate, trust, receiver. syndicate. this and any other county, city and country, city municipality. disrrict, or other political subdivision, or any
_ ot_~~_:.~~_~_,!!!-_~~_:~mbinatio..n acting as a unit. ': _ '__,.____~_.___d. ..__m__-.-_____., ____.___~____
PLANNING COMMISSION AGENDA STATEMENT
Item: -Ii:.
Meeting Date: 3/12/2003
ITEM TITLE:
Public Hearing: Precise Plan PCM-02-05 to allow for a redevelopment
project for an existing shopping center. The project includes: (I) the
demolition offour existing buildings; (2) a new Sav-on Drug store; (3) a new
multi-tenant retail building that includes a drive-thru store; (4) a Kiosk; (5)
new landscaping and paving; (6) grading; and (7) exceptions to the parking
and front yard setback requirements. The existing 5,000 square foot
building and the La Fuente drive-thru restaurant will be remodeled. The
project site is located at the intersection of Fourth Avenue and 'C' Street in a
Central Commercial, Design (C-C-D) zoning district, The Applicant is
Charles Miller, M,D" LLC.
The project site has an irregular shape and is situated in the Central Commercial zoning district. The
site currently contains various commercial and retail buildings and uses, The proposed project will
eliminate some of the existing buildings and uses and introduce new buildings and uses while
improving the site's appearance. However, the irregular shaped lot poses some development
constraints because of the prevailing development standards for the zone, The Precise Plan will
allow flexibility of the development standards that would enable the applicant to develop the lot.
The Enviromnental Review Coordinator has reviewed the proposed project for compliance with the
California Enviromnental Quality Act and has prepared a Mitigated Negative Declaration for the
Precise Plan project. The Resource Conservation Commission recommended adoption of the
Mitigated Negative Declaration on December 2, 2002.
RECOMMENDATION: That the Planning Commission recommends to the City Council,
adoption of the attached Mitigated Negative Declaration and Resolution PCM-02-05, based on the
findings and conditions contained therein for the redevelopment of the shopping center as described
above.
DISCUSSION:
I, Site Characteristics
The project site consists of two parcels including a smaller parcel within the boundaries of an
irregular shaped parcel. The total size of the project site is 2.67 acres (116,360 square feet) and is
located at the southeast corner of the intersection at Fourth A venue and the Third A venue extension,
which is a major intersection (see Locator Map Attachment I), The site currently contains a variety
of commercial and retail uses including two restaurants, a furniture store, two retail establishments, a
drinking establishment and a multi-tenant retail building, The balance of the site consists of worn
paving with minor landscaping, The City of Chula Vista General Plan considers this section of
Fourth Avenue as a major gateway entry to the City's urban core from Highway 54 to the north.
/
Page 2, Item:
Meeting Date: 3/12/03
2. Background
On January 13,2003, the Design Review Committee (DRC) reviewed the Precise Plan on the basis
of site and building design and expressed concerns over these aspects of the project. The DRC
believed that the proposed site layout could have been designed better, and that the existing and
proposed buildings did not appear architecturally compatible. However, the DRC's major concern
was the applicant's use of a 35-foot pylon sign that would be located at the northwest corner of the
site, The DRC emphasized that the project site is located at a gateway entry into the City's urban
core and believes that the site should receive substantial attention to the treatment of the northwest
corner. The DRC voted to continue the project to the January 27th workshop to allow time for the
applicant and staff to address these concerns,
At the January 27th DRC workshop, the applicant presented the changes based on the DRC's
concerns. The DRC was generally pleased with the revised site design and building compatibility,
but remained concerned about the lack of a substantial improvement in appearance of the northwest
corner, which includes the pylon sign, The applicant affirmed that the pylon sign was an essential
part of the project. The DRC recommended that the applicant return to the February 3rd DRC
meeting with an alternative sign design.
At the February 3'd DRC meeting the applicant presented the changes to the project, with the
exception of the pylon sign, which remained. The applicant attempted to address the DRC's concern
about the pylon sign by incorporating a trellis as an architectural feature for the pylon sign and
reducing the sign's height from 35 feet to 30 feet. The DRC remained concerned about the pylon
sign, but voted to approve the project without the sign. A condition requiring the applicant to obtain
approval of a sign program without the pylon sign has been incorporated into the City Council
Resolution.
3, General Plan. Zoning and Land Use
Site:
North:
South:
East:
West:
General Plan
Retail
Retail
High residential
Retail
Parks & Recreation
Zoning
C-C-D
C-C
R-3
CoO
R-3
Current Land Use
Various Retail/commercial uses
Jack-In-The-Box and the DMV
Apartments
Professional Offices
Eucalyptus Park
4. Proposal
The project is a proposed redevelopment of the shopping center located at the southeast corner of the
intersection at Fourth Avenue and Third Avenue extension (also known as 'C' Street), The project
includes:
.
The demolition of four existing buildings totaling IS,300 square feet of retail and a
restaurant;
A new l4,SSO square feet Sav-on Drug store;
A new 3,475 square foot retail building that includes a drive-thru store;
A 100 square foot ATM Kiosk;
.
.
.
.l
Page 3, Item:
Meeting Date: 3/12/03
. Install landscaping throughout the site; and
. 5,700 cubic yards of grading
The exiting 5,000 square foot building and the La Fuente drive-thru restaurant will remain and be
remodeled, In addition to the site's redevelopment, the applicant is proposing several off-site street
improvements including:
.
.
.
.
.
5,
Widening along Fourth Avenue;
Widening along the Third Avenue Extension north of the site;
Installing a median island in the Third Avenue Extension;
An IS-foot right-of-way dedication on Fourth Avenue; and
A 7-foot right-of-way dedication on Third Avenue Extension
Development Standards
Standards Minimum Proposed
Reauired
Sav-on; 144.4 feet
Starbucks: 69,] 0 feet
Front Yard Setback 25 feet Kiosk: 8 feet*
(E) BIg,; 23,2 feet*
La Fuente: 22,] 0 feet*
Ext. Side Yard Setback None Sav-on; ] 0 feet
Int. Side Yard Setback None None
Rear Yard Setback: None Sav-on; 16,7 feet
Sav-on; 3],6 feet
Height 45 feet Starbucks: 26,5 feet
(E) Big,; 22 feet
La Fuente: ]3.4 feet
Parking; 140 spaces 128 spaces*
'The ChuJa Vista Municipal Code (CVMC) Sections 19,56,040 and 041 allow flexibility of the
CC zone standard development regulations, See the sections regarding Parking and Building
Placement below for details.
ANALYSIS:
The project is a Precise Plan that proposes to redevelop the existing shopping center by demolishing
existing buildings, construct new buildings for retail uses, incorporate substantial landscaping and
provide new and striped paving as well as off-site improvements, The project has been evaluated in
accordance with the Chula Vista Municipal Code (CVMC), and the goals and objectives of Chapter
I, Subsection 7.4 of the General Plan relative to development at designated gateway entries into the
City's urban core. The General Plan defines a gateway as a principal approach route into the city and
what is seen along the route is an important part of the perception of the level of quality the city
provides for its citizens, Subsection S,I states that Fourth A venue is a major north-south connector
through Central Chula Vista.
3
Page 4, Item:
Meeting Date: 3/12/03
The project site has an irregular shape, which limits the applicant's ability to redevelop the site with
a functional shopping center under the current development standards of the General Commercial
zone. The zoning issues are the number of parking spaces and front yard setbacks. Section
19,56,040 of the CVMC states that a Precise Plan allows diversification in the spatial relationship of
land uses, density, buildings, structures, landscaping and open spaces and design review of
architecture and signs through the adoption of specific conditions of approval for development of the
property.
Parking
The site will contain a variety of retail/commercial uses that are subject to specific parking
requirements, The project proposes approximately 21,850 square feet of retail floor space (Sav-on
and un-named future tenants) and three drive-thru features (the existing La Fuente restaurant, the
proposed Starbucks store and the Sav-on store). Section 19.62.050 of the CVMC requires the
following minimum parking spaces for the project:
. Drive- in restaurants - 15 spaces
. Retail stores - 1 space per 200 square feet of floor space,
The CVMC requires the project to provide approximately 140 parking spaces, but the project
proposes only 128 spaces, The site's irregular shape and proposed project design limit the
applicant's ability to meet the parking requirement. As a result, the applicant proposes to position
the new buildings in an effort to resemble a cluster of buildings, and provide small parking lot areas
that will enable shared parking between the uses on the site. This satisfies the City's Design Manual
and staff believes that the applicant's shared parking proposal is a reasonable effort to address the
parking issue.
Building Placement
Setbacks: The existing 5,000 square foot building, La Fuente restaurant, and proposed Kiosk
encroach into the required front yard setback, The new sidewalk will reduce the front setback of the
existing 5,000 square foot building from 23,2 feet to approximately 17.5 feet, and the La Fuente
restaurant existing setback from 25 feet to 22.10 feet. The proposed 100 square foot Kiosk will be
located approximately 2 feet from the front (north) property line near the major entry nearest to the
intersection, Staff also believes that the existing and proposed encroachments are minor and will not
affect the existing conditions on or off the site.
Page III-2 ofthe Chula Vista Design Manual (CVDM) states that the placement of structures should
consider the existing built context of the commercial area, the location of incompatible land uses,
and the location of major generators. The following list identifies the proposed and existing
buildings, which will remain on the site:
. Sav-on: southwest corner
. Multi-tenant building and existing 5,000 square-foot building: central area
. La Fuente restaurant: east corner
+
.., ... ._,~..._....,_... _.~ ...,."-_._.....~,.-.------,-
Page 5, Item:
Meeting Date: 3/12/03
The shopping center's buildings will vary in size and configuration, and will be articulated in a linear
pattern, each with a north entry orientation that will avoid site confusion and offer diversity.
Access/CirculationIN oise
Access to the site will be from one major driveway along Fourth Avenue and two major driveways
along the Third A venue extension. The Mitigated Negative Declaration that was prepared for the
project did not identifY any impact to the existing traffic and circulation pattern or volume. The
access driveway locations are as follows:
. Right entry/exit at north bound Fourth Avenue;
. Right entry/exit on the Third A venue extension;
. Right and left entry/exit at the "T" intersection of North Glover and the Third Avenue
extension; and
. Right exit at east bound Third A venue extension,
The internal circulation pattern is influenced by the site's irregular shape; the Sav-on drive-thru
feature; the Starbucks drive-thru store; the existing La Fuente drive-thru restaurant; and the proposed
new building and parking layout. Vehicular traffic will access the shopping center at the two major
driveways along the Third A venue extension, and at the major driveway along Fourth A venue. The
minor driveway, located near the La Fuente restaurant, is a one-way exit only.
The loading area for Sav-on is in the proximity of residential development, which could potentially
create a noise impact to the residential area located above the site on a hilltop. The Mitigated
Negative Declaration requires a mitigation measure that restricts delivery hours to Sav-on, which
would bring the potential noise impact below a significant level. The mitigation has been
incorporated into the City Council Resolution as a condition of approval. In addition, landscaping
will be placed at the rear of Sav-on that will provide a visual buffer.
Gatewav Treatment
The proj ect site is located at a designated gateway entry into Chula Vista's urban core, The applicant
proposes a 30-foot pylon sign at the northwest corner of the site. Section 19,36,040(A)(2) states that
the lot is allowed one freestanding sign that among other things does not exceed 35 feet in height and
150 square of sign area that identifies up to five tenants. Section 19.36.040,E states that the DRC
may reduce sign areas based on the sign guidelines and criteria contained in the Design Manual.
Page III-I 2 of the Design Manual states that low-profile monument signs are the preferred alternative
for business identification whenever possible, and that rreestanding pole and pylon signs are strongly
discouraged, The DRC believes that the proposed pylon sign is not the appropriate signage for a
gateway entry and prefers to see a structure at the northwest corner that could incorporate signage;
and would identifY the area as a gateway entry, Staff believes that the project will improve the area,
but concurs with the DRC regarding the use ofa pylon sign at the northwest corner of the site. The
applicant states that the pylon sign is essential for the identity of the shopping center and wants to
process the project with the pylon sign,
~
----t"--.-~~._---...
Page 6, Item:
Meeting Date: 3/12/03
Although the CVMC allows freestanding signs, the code also indicates that discretion can be applied
as to the appropriateness of signage through design review. The Planning Commission and City
Council can resolve this issue by making a determination on Condition No. D,7 in the draft
resolution that requires approval of a sign program without a pylon sign.
CONCLUSION:
The proposed project will provide off-site improvements that the city will benefit from and
enhance the existing shopping center's appearance that will include new and remodeled buildings
and substantial landscaping. However, the DRC has expressed some concerns about the treatment of
the northwest corner of the site, particularly the use of a pylon sign, Staff concurs with the DRC that
enhanced treatment at the corner will further the goal of an identifiable gateway entry. Staff has
incorporated a condition that requires the applicant to obtain an approved sign program, and
recommends that the Planning Commission recommend adoption of the Mitigated Negative
Declaration and approval of the Precise Plan as conditioned to the City Council.
A TT ACHMENTS
I, Locator Map
2, Notice of Decision for PCM-02-0S
3, Resolution PCM.02.0S
4, City Council Resolution
5, Mitigated Negative Declaration/Initial Study
6. Stann Water Project Review & Permitting Process
J:\Planning\Michael\PCC Reports\PCM-02-05
f.o
, - ATTACHMENT 1
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ~.?~~~T; M.D. CHULA VISTA, LLC PROJECT DESCRIPTION:
C) PROJECT SEC of Fourth Ave, Proposal for new 15,176 square feet Say-on
ADDRESS: and "C" Street drugs and 1,189 square feet additional retail to
SCALE: FILE NUMBER; remaining 8,700 square feet retail.
NORTH No Scale PCM-02-0S / Related Case: IS-02-005
h:\home\planning\carlos~ocators\PCM0205,cdr 8/15/01
ATTACHMENT 2
~Jft,
~~~
~
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Design Review Committee
CITY OF
CHULA VISTA
NOTICE OF DECISION
On PCM-02-05 (4th & C Shopping Center)
Notice is hereby given that the City of Chula Vista Design Review Committee has considered
and recommended approval of application PCM-02-05, a Precise Plan for the redevelopment of
an existing shopping center. The project includes: (I) demolition of four existing buildings
totaling 18,300 square feet of retail space and a restaurant; (2) a new 14,880 square feet Sav-on
Drug store; (3) a new 3,475 square foot retail building that includes a drive-thru Starbucks store;
(4) a 100 square foot Kiosk; (5) new landscaping and paving; and (6) grading, The exiting 5,000
square foot building and the La Fuente drive-thru restaurant will be remodeled, The project site
is located at the southeast corner at the intersection of Fourth and the Third A venue extension in
a Central Commercial, Design (C-C-D) zoning district.
The Environmental Review Coordinator has reviewed the project proposal for compliance with
the California Environmental Quality Act and has prepared a Mitigated Negative Declaration for
the project. The Resource Conservation Commission (RCC) approved the Mitigated Negative
Declaration on December 2, 2002. The Design Review Committee recommended adoption of
the Mitigated Negative Declaration and approval of said request to the Planning Commission
based upon the following findings offacts and evidence:
1. That the proposed development is consistent with the development regulations of the
CCD (Central Commercial within a Design Overlay District) zone, the General Plan
and the California Environmental Quality Act (CEQA).
The Chula Vista Municipal Code (CVMC) requires approximately 140 parking spaces for the
project; the project proposes a total of 128 spaces, The existing 5,000 square foot building,
La Fuente restaurant and proposed Kiosk encroach into the required front yard setback.
Section 19.56.040 of the CVMC indicates. that a Precise Plan allows diversification and
flexibility of the applicable development regulations for the project.
The applicant proposes to locate the new buildings close to the existing 5,000 square foot
building resulting in a cluster the buildings and provide small clusters of parking lots that
will enable shared parking between the uses on the site. The applicant's proposal is a
reasonable effort to address the parking requirement, and the existing and proposed
encroachments are minor, and will not affect the existing conditions on or off the site.
2. The design features of the proposed renovations are consistent with, and are a cost
effective method of satisfying, the City of Chula Vista Design Manual and Landscape
Manual.
The project site is situated at the intersection of Fourth Avenue and C Street. This area is a
recognized gateway entry in to the City. The proposed parking layout and pylon sign are
not consistent with, and are not a cost effective method of satisfying, the City of Chula
'if
2. The design features of the proposed renovations are consistent with, and are a cost
effective method of satisfying. the City of Chula Vista Design Manual and Landscape
:\lanua1.
The design features are consistent with, and are a cost effective method of satisfying, the City
of Chu1a Vista Design Manual and Landscape Manua!. The project's site layout \\'ill
enhance vehicular and pedestrian circulation by clustering the buildings. The building and
landscape architectural elements will enhance the site's visual presence at the Fourth Avenue
gateway designation. Additionally, the 5,000 square foot retail building and La Fuente
restaurant will be remodeled to be architecturally consistent with the new buildings, The
proposed landscaping will improve the site's visual quality.
Based on the above findings, the Design Review Committee recommends approval of the draft
City Council Resolution for Precise Plan PCM-02-05 as presented.
PASSED A...ND APPROVED BY THE DESIGN REVIEW COMMITTEE OF THE
CITY OF CHULA VISTA, CALIFORNIA, the 13th day of January 2003, by the following vote,
to-wit:
AYES:
NOES:
lillSTAIN:
ABSENT:
ATTEST:
John Schmitz, Zoning Administrator
Rosemarie Rice, Design Review Committee Secretary
J:\PLA..'\'"N'ING\J\IICHAELllRC REPORTS\PCM-02-05 DECISION
q
..
2
RESOLUTION NO. PCM 02-05
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMEDING THAT THE CITY
COUNCIL ADOPT A MITIGATED NEGATIVE
DECLARATION (IS-02-05) AND APPROVE PRECISE PLAN
PCM-02-05 ALLOWING THE REDEVELOPMENT OF THE
SHOPPING CENTER LOCATED AT THE INTERSECTION OF
FOURTH AND THIRD AVENUES IN THE CENTRAL
COMMERCIAL, DESIGN (C-C-D) ZONE.
WHEREAS, a duly verified application for a conditional use permit was filed with the
City of Chula Vista Planning Department on August 8, 2001, by Charles Miller, M.D" LLC
("Applicant"); and
WHEREAS, said Applicant requests approval of a Precise Plan to allow the
redevelopment of the shopping center located at the intersection of Fourth and Third Avenue to
include: (I) the demolition of four existing buildings totaling 18,300 square feet of retail space
and a restaurant; (2) a new 14,880 square feet Sav-on Drug store; (3) a new 3,475 square foot
retail building that includes a drive-thru Starbucks store; (4) a 100 square foot Kiosk; (5) new
landscaping and paving; and (6) grading, The existing 5,000 square foot building and the La
Fuente drive-thru restaurant will be remodeled; and
WHEREAS, the Environmental Review Coordinator, in compliance with the California
Environmental Quality Act (CEQA) has prepared a Mitigated Negative Declaration; and
WHEREAS, the Planning Director set the time and place for a hearing on said Precise
Plan and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners and residents
within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing;
and
WHEREAS, the hearing was continued the hearing was held at the time and place as
advertised, namely February 19, 2003, and continued to March 12, 2003, at 6:00 p.m. in the
Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was
thereafter closed; and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the conditional use permit application, the Planning Commission
voted _ to recommend adoption of the Mitigated Negative Declaration and approval of the
Precise Plan; and
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend that the City Council adopt the attached Mitigated Negative Declaration
and City Council Resolution approving Precise Plan (PCM-02-05) in accordance with the
findings and subjeot to the conditions contained therein,
10
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City
Council and the Applicant.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 19th day of February 2003, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
Russell Hall, Chair
ATTEST:
Diana Vargas, Secretary
J\Planning\Michael\PCC Reports\PCM-02-05
( I
,. ATTACHMENT 4
RESOLUTION NO. PCM-02-05
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING A
MITIGATED NEGATIVE DECLARATION (IS-02-05)
AND APPROVING PRECISE PLAN PCM-02-05 TO
REDEVELOP AN EXISTING SHOPPING CENTER
AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF FOURTH AND THIRD
AVENUE IN THE CENTRAL COMMERCIAL,
DESIGN (C-C-D) ZONING DISTRICT.
A. RECITALS
1, Project Site
WHEREAS, the parcel that is the subject matter of this resolution is
represented in Exhibit A attached hereto and incorporated herein by this
reference, and for the purpose of general description is located at the
intersection of Fourth Avenue and the Third Avenue extension ("Project
Site"); and
2, Project Applicant
WHEREAS, on August 8, 2001, a duly verified application for a Precise
Plan (PCM-02-05) was filed with the City of Chula Vista Planning
Division by Charles Miller, M,D., LLC (Applicant); and
3, Project Description; an application for a Precise Plan
WHEREAS, the project will involve (I) demolition of four existing
buildings totaling 18,300 square feet of retail space and a restaurant; (2) a
new 14,880 square feet Sav-on drug store; (3) a new 3,475 square foot
retail building that includes a drive-thru Starbucks store; (4) a 100 square
foot Kiosk; (5) new landscaping and paving; and (6) grading, The exiting
5,000 square foot building and the La Fuente drive-thru restaurant will be
remodeled; and
4. Environmental Determination
WHEREAS, the Environmental Review Coordinator, in compliance with
the California Environmental Quality Act (CEQA) has prepared a
Mitigated Negative Declaration that was adopted by the Resource
Conservation Commission (RCC) on December 2, 2002; and
fd-.
1
---.....-.-.--. "-._._-~,-_.
5, Planning Commission Record on Application
WHEREAS, the Planning Commission hearing was scheduled and
advertised for February 19, 2003, at 6:00 p,m. in the Council Chambers,
276 Fourth Avenue, and was continued to March 12,2003, at which time
the Planning Commission voted _ to recommend that the City Council
adopt the Mitigated Negative Declaration and approve the project based
on the findings and subject to the conditions listed below, in accordance
with Planning Commission Resolution PCM-02-05; and
6. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was
held before the City Council of the City of Chula Vista on
2003, to receive the recommendation of the Planning Commission, and to
hear public testimony with regard to same,
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby
find, determine and resolve as follows:
B. PLANNING COMMISSION RECORD
The proceedings and all evidence on the project introduced before the Planning
Commission at their public hearing on this project held on February 19,2003, and
March 12, 2003, and the minutes and resolution resulting therefrom, are hereby
incorporated into the record of this proceeding,
C. PRECISE PLAN FINDINGS
], That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
The existing site will be redeveloped resulting in an aesthetically enhanced, more
harmonious site that will include compatible building designs; style and scale,
newly striped pavement and landscaping.
According to the Chula Vista General Plan, Fourth Avenue is a gateway into the
City's urban core from Highway 54. The project's site design and elements, and
building and landscape architecture will improve the gateway entry by providing
adequate building placement, harmonious building colors and materials, and
adequate landscaping. Additionally, the off-site improvements will improve the
circulation and aesthetics along Fourth and Third Avenue,
/3
2
Noise impacts to the residences located to the south of the site on a hill will be
mitigated to a less than significant level by restricting delivery hours for the Sav-
on store,
2. That such plan satisfies the principle for application of the P modifying
district as set forth in CVMC 19.56.041.
Section 19,56,04l(A) states that the property is unique by virtue of topography,
geological characteristics, configuration, access, traffic circulation or some social
or historic situation requiring special handling of the development on a precise
plan basis. The project site has an irregular shape, which limits the Applicant's
ability to meet the development standards of the C-C zone. The Precise Plan
enables the Applicant to redevelop the site with a functional shopping center, and
to be in substantial conformance with the development standards.
3, That any exceptions granted which may deviate from the underlying zoning
requirements shall be warranted only when necessary to meet the purpose
and application of the Precise Plan.
Development of the site within the regulations of the development standards for
the parcel is limited by site's constraints relative to its shape and existing uses,
As a result, the project has been designed to conform to the standards as feasibly
practical as explained in Finding 2,
4. The approval of this plan will conform to the General Plan and the adopted
policies of the City Of Chula Vista.
The project has been evaluated in accordance with the General Plan and the goals
and objectives of Chapter I of the General Plan relative to development at
designated gateway entries into the City's urban core. The project site has a
commercial land use designation and will be redeveloped resulting in the same
use, The Precise Plan as described, will allow the project to be consistent with the
goals and objectives of the General Plan.
D. TERMS OF GRANT OF PERMIT
The City Council hereby grants Precise Plan PCM-02-05 subject to the following
conditions:
If
3
.-.......-----.- --..-..-.....------.
Planning and Building Department
1, The Applicant shall install temporary erosion control devices including
desilting basins, berms, hay bales, silt fences, dikes and shoring during
construction activities.
2. The Applicant shall obtain verification from the City Civil Engineer that
the final grading and improvement plans comply with the California
Regional Water Quality Control Board, San Diego Region Order No.
2001-01 and will implement Best Management Practices (BPMs).
3, The building plans shall show the location of the shopping cart area and
identify how the area will be screened to the satisfaction of the Director of
Planning and Building,
4, The Applicant shall submit the design and colors for the Kiosk prior to the
issuance of any building permits to the Planning and Building Department for
review and approval.
5, The Applicant shall comply with all requirements of the Building Division
including the following codes for 200 I:
. California Building Code
. California Plumbing Code
. California Mechanical Code
. California Electrical Code
. Energy Code
6, The Applicant shall submit a detailed landscape plan for approval by the
City's Landscape Planner that will satisfy the following requirements:
. Plant 24-inch box evergreen tree species such as Canary Island Pine to
provide visual screening for the residents south of the project site, and
provide new planters along the eastern edge of the site,
. Provide additional "layering" of the selected screening shrubs along
Fourth Avenue and the Third Avenue extension, Incorporate walls,
ground contouring or berming in combination with plantings be used,
. The Koelreuteria or Chinese Flame tree shall be used as the street tree
in the design,
. Provide a hedgerow planting along the length of both drive-thru aisles.
/<;"
4
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. Provide a Water Management Plan per requirements ofthe City
Landscape Manual during building permit submittal.
7, The applicant shall apply for and obtain approval of a sign program from the
Director of Planning and Building permit prior to the issuance of any grading
and building permits. Said sign program shall not include a pylon sign.
Engineering Department
8, The Applicant shall install a raised median along the Third Avenue extension
to the satisfaction of the City Engineer.
9. The Applicant shall submit the following prepared by a registered civil
engineer in accordance with the City's Subdivision Manual:
. Improvement Plans
. Traffic Signal Plans
. Striping Plans
. Traffic Control Plans
. Grading Plans
These plans shall be submitted to the Engineering Department for review and
approval prior to the issuance of any building or grading permits.
10. The Applicant shall submit Right-of-Way dedication documents prepared by a
registered civil engineer or a licensed land surveyor to the Engineering
Department prior to the issuance of building permits.
II, The Applicant shall relocate the traffic signal located at the southeast corner
of Fourth and the Third A venue extension, and any streetlights and utility
poles as necessary for street widening improvements,
12, The Applicant shall pay the applicable Sewer Capacity and Traffic Signal fees
upon the submittal of final building plans,
13, Demolition Plans or any other documentation showing existing buildings shall
be submitted to the Engineering Department to determine the existing fixture
credits for the sewer capacity fee,
14. The Applicant shall enter into a reimbursement agreement with the City for
costs associated with the relocation of the traffic signal and storm drain related
improvements within Fourth Avenue if requested by the City Engineer.
15, The Applicant shall obtain a grading permit in accordance with the
Subdivision Manual and Grading Ordinance prior to the issuance of any
building permits,
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16, The Applicant shall be required to complete the applicable Forms (Attachment
6) and comply with the City of Chula Vista's Storm Water Management
Standards Requirements Manual.
17, The Applicant shall implement Best Management Practices (BMPs) to prevent
the pollution of storm water conveyance systems, both during and after
construction, Permanent storm water requirements shall be incorporated into
the project design, and shall be shown on the plans, Any construction and
non-structural BMPs requirements that cannot be shown graphically must be
either noted or stapled on the plans,
IS. The City of Chula Vista requires that all new development and significant
redevelopment projects comply with the requirements of the NEPDS
Municipal Permit, Order No, 2001-0], According to said Permit, all projects
falling under the Priority Development Project Categories are required to
comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and
Numeric Sizing Criteria,
19, Development of the project shall comply with all applicable regulations,
established by the United States Environmental Protection Agency (USEPA),
as set forth in the National Pol1ution Discharge Elimination System (NPDES)
permit requirements for urban runoff and storm water discharge, and any
regulations adopted by the City of Chula Vista pursuant to the NPDES
regulations and requirements. Further, the Applicant shal1 file a Notice of
Intent (NO!) with the State Water Resource Control Board to obtain coverage
under the NPDES General Permit for Storm Water ~ischarges associated with
construction activity and shall implement a Storm Water Pol1ution Prevention
Plan (SWPPP) concurrent with the commencement of grading activities. The
SWPPP shall include both construction and post-construction pol1ution
prevention measures, and shall identify funding mechanisms for the
maintenance of post-construction control measures.
20. The Applicant shall identify storm water pollutants that are potentially
generated at the facility, and purpose Best Management Practices (BMPs) that
will be implemented to prevent such pollutants from entering the storm
drainage systems,
21, The Applicant shal1 provide a water quality study that demonstrates
compliance with the requirements of the National Pol1utant Discharge
Elimination System (NPOES) Construction and Municipal Permits, including
Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing
Criteria requirements, with the first submittal of grading improvement plans in
accordance with the City's Manual.
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Fire Department
22, Fire Department valves and connections shall be located in the front of the
Sav-on building,
23. The Fire Department connection shall be separate from the back-flow device.
24. The applicant shall provide a minimum rated fire extinguisher (2A-1OBC) per
75 feet of travel distance,
25, One fire hydrant shall be provided for a water flow of 1,500 gallons per
minute,
26, Fire Department access ways through the site shall be 20' wide with a \3' 6"
unobstructed vertical clearance,
27. Access roads shall meet the Chula Vista Fire Department turning radius
requirement. The Applicant shall contact the Fire Prevention Bearu for the
appropriate turning radius dimensions, and subsequently obtain dimension
verification by the City of Chula Vista Fire Department. The verified turning
radiuses shall be identified on the building plans,
Sweetwater Authority
28. The Applicant/owner shall enter into an agreement with the Sweetwater
Authority for water facility improvements.
STANDARD CONDITIONS
29, No truck deliveries shall be permitted between the hours of 10:00 p,m, and
7:00 a.m. during weekdays, and between 10:00 p.m, and 8:00 a.m. during
weekends.
30, Any violations of the terms and conditions of this permit shall be ground for
revocation or modification of permit.
31, This permit shall become void and ineffective if not utilized within one year
from the effective date thereof, in accordance with Section 19.]4.260 of the
Municipal Code, Failure to comply with any conditions of approval shall
cause this permit to be reviewed by the City for additional conditions or
revocation.
32, Any deviation from the above noted conditions of approval shall require
approval from the City Council.
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33, The Applicant shall and does hereby agree to indemnify, protect, defend and
hold harmless City, its City Council members, officers, employees and
representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney's fess
(collectively, liabilities) incurred by the City arising, directly or indirectly,
from (a) City's approval of the Precise Plan, (b) City's approval or issuance of
any other permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Applicant's installation
and operation of a facility permitted hereby, including, without limitation, ant
and all liabilities arising from the emission by the facility of electromagnetic
fields or other energy waves or emissions. Applicant/operator shall
acknowledge their agreement to this provision by executing a copy of this
Precise Plan where indicated below. Applicant's/operator's compliance with
this provision is an express condition of this Precise Plan and this provision
shall be binding on any and all of applicant's/operator's successors and
assigns.
34, The site shall be developed and maintained in accordance with the final
approved plans which will include revised site plans, architectural
elevations, exterior materials and color board, and landscape plans on file in
the Planning Division, the conditions contained herein, Title 19 and the
Chula Vista General Plan.
35. Approval of this request shall not waive compliance with all sections of Title
19 of the Municipal Code, and all other applicable City Ordinances in effect
at the time of building permit issuance,
36, This Precise Plan permit shall be subject to any and all new, modified or
deleted conditions imposed after approval of this permit to advance a
legitimate governmental interest related to health, safety or welfare which
the City shall impose after advance written notice to the Permittee and after
the City has given to the Permittee the right to be heard with regard thereto.
However, the City, in exercising this reserved right/condition, may not
impose a substantial expense or deprive the Permittee of a substantial
revenue source which the Permittee cannot, in the normal operation of the
use permitted, be expected to economically recover.
37, The Applicant/owner shall be responsible for the building and landscaping
maintenance in accordance with the approved project and landscape plans
unless the Director of Planning and Building approves modifications.
E. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicant shall execute this document by signing the
lines provided below, said execution indicating that the property owner and
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8
applicant have each read, understood and agreed to the conditions contained
herein. Upon execution, this document shall be recorded with the County Clerk
of the County of San Diego, at the sole expense of the property owner and/or
applicant, and a signed, stamped copy returned to the City Clerk and Planning
Department. Failure to return a signed and stamped copy of this recorded
document within ten days of recordation to the City Clerk shall indicate the
property owner/applicant's desire that the project, and the corresponding
application for building permits and/or a business license, be held in abeyance
without approval. Said document will also be on file in the City Clerk' Office and
known as Document No,
Signature of Owner
Date
Signature of Representative for
Ziebarth Associates
Date
F. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and
condition herein stated; and that in the event that anyone or more terms,
provisions or conditions are determined by a Court of competent jurisdiction to be
invalid, illegal or unenforceable, this resolution and the permit shall be deemed to
be automatically revoked and of no further force and effect ab initio.
THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED
BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
THIS DAY OF 2003.
Presented by
Approved as to form by
Robert A. Leiter
Ann Moore, City Attorney
J:\Planning\Michael\City Council\PCM-02-0S Reso.doc
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ATTACHMENT'5,
Mitigated Negative Declaration
PROJECT NAME:
Fourth Avenue and "C" Street Commercial Center
PROJECT LOCATION;
Fourth Avenue and "C" Street
ASSESSOR'S PARCEL NO,:
566-010-62 and 566-010-63
PROJECT APPLIC.",""T
M,D, Chula Vista, LLC
CASE NO.:
lS-02-05
DATE OF DRAFT DOCUMENT:
November 13, 2002
DATE OF RESOURCE CONSERVATION COMMISSION MEETING;
December 2. 2002
DATE OF FINAL DOCUMENT:
A, Proiect Settinz
The project site consists of a 2,67-acre parcel located in an urbanized area in the central western
portion of the city of Chula Vista, at the southeast comer of Fourth Avenue and "C" StreetlThird
Avenue extension (see Exhibit A - Location Map). The site is currently developed as a commercia]
center comprised of 7 buildings including a restaurant, fast food and bar, totaling 27,006 square feet.
Immediately to the south lies a storm drain channel, separating the project site from an upward slope
and multi-family residential development.
Land uses surrounding the project site consist of the following:
North:
Commercial retail uses (fast-food) and
Department of Motor Vehicles Office
Commercial center (large retail uses)
Multifamily residences
Commercial retail uses
Fourth Avenue and neighborhood park
Northwest:
South:
East:
West:
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B. Proiect Description
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The proposed project consists of the demolition of five of the seven existing buildings on-site totaling
18,306 square feet. Two buildings remaining are the 700 square-foot quick serve drive-through
restaurant and the 5,000 square-foot retail building, Proposed new construction consists of a 14,880
square-foot Sav-On drugstore with drive-through pharmacy, a 3,474 square-foot building comprised
of 1,974 square feet of retail space and a 1,500 square-foot quick serve drive-through restaurant, and a
100 square-foot retail kiosk, totaling IS,454 square feet, The total square footage on the site would
be reduced by 2,852 square feet, resulting in a total of 24,154 square feet (see Exhibit B-Site Plan).
The proposed project would contain three drive-throughs; the two new ones described above and an
existing drive-through fast food restaurant. The redevelopment of the project site would include the
installation of additional landscaped treatment areas both on-site and off-site, lighting, parking lot
remodeling, new driveways, hardscape treatments, street widening and right-of-way improvements,
fire hydrants, underground utilities, relocation of street lights, and relocation of the bus stop along the
project site's Fourth Avenue frontage,
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The proposed grading quantities are 5,700 cubic yards cut and 400 cubic yards fill, resulting in 5,300
cubic yards of export,
The proposed project requires a Precise Plan to be considered by the Design Review Committee,
Planning Commission and City Council.
C. Compliance with Zoning and Plans
The existing zoning of the project site is CCD Zone (Central Commercial District/Precise Plan) and
the General Plan designation is CR (Commercial Retail), The proposed project is consistent with the
existing zoning and General Plan designation of the property. '" .
D, Public Comments
On November 5, 2002, a Notice oflnitial Study was circulated to property owners within a 500-foot
radius of the project site. The public comment period ended on November 15, 2002. No public
comments were received during the Notice of Initial Study public comment period,
E. Identification of Environmental Effects
A,n Initial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist fOTITl) determined that the proposed project would not have a significant environmental
effect, and the preparation of an Environmental Impact Report will not be required. This Mitigated
Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA
Guidelines.
GeoDhvsical
The project site has been previously graded and is developed with an existing commercial center,
The preliminary grading plans indicate the proponent plans to cut 5,700 cubic yards and fill 400 cubic
yards, resulting in 5,300 cubic yards of export. According to the Engineering Division, grading to
accommodate the proposed improvements would require a grading peTITlit.
The preparation and submittal of a final soils report will be required prior to the issuance of a grading
permit as a standard engineering requirement. There are no known or suspected seismic hazards
associated with the project site. The project site lies approximately 1.0 mile to the west of the La
Nacion Fault Zone. The site is:not wii!iin a mapped Earthquake Fault Zone. Therefore, project
compliance with applicable Uniform Buiiding Code standards would adequately address any building
safety/seismic concerns.
The potential discharge of silt into the adjacent drainage channel during construction activities could
result in siltation impacts downstream unless mitigated to a level of less than significance.
Appropriate erosion control measures would be identified in conjunction with the preparation of final
grading plans and would be implemented during construction. The implementation of water quality
best management practices (BMPs) during construction would be required in accordance with
NPDES Order No. 2001-01. All portions of the development area disturbed during construction
would either be developed or would be appropriately landscaped in compliance with the City
Municipal Code, Sections 19,36,090 and 19.36.110. Compliance with BMPs and NPDES Order No.
2001-0 I would be required and would be monitored by the Engineering Division. Therefore, the
potential discharge of silt into the drainage channel would be reduced to a level of less than
significance. Compliance with the mitigation measures contained below in Section F would reduce
this potentially significant impact to below a leveJ of significance.
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In addition, required improvements include the relocation of the eXIstIng bus stop on Fourth
A\'en"e along the project frontage 50 feet to the sOUIh due to the required roadway widening, The
proposed relocation design has been reviewed by Chula Vista Transit Operations Staff. With the
implementation of the required roadway frontage improvements, no significant trafiic/circulation
impacts would result from the proposed project.
Noise
Inves~igative Science and Engineering, Inc, prepared a noise study for the proposed project, dated
Nove::1ber 4, 2002. Tne identified noise generators associated with the proposal consist of loading
dock and delivery truck activities and roof mounted HV AC systems at the drugstore. No box
compacting machinery would be utiEzed at the drugstore loading dock.
According to the City Noise Ordinance, Municipal Code Section 19,68,030, the hourly average
receiving noise level limit for multi-family residential development is 60 dBA Leq between the
weekday hours of 7 a,m, and 10 p,m, and weekend hours of 8 a,m. and 10 p,m, and is 50 dBA Leg
between the weekday hours of 10 p,m, and 7 a,m, and weekend hours of 10 p,m, and 8 a.m,
The closest sensitive noise receptor to the site is a multi-family residential development immediately
to the south, The property 1ine between the project site and this multi-family residential development
is 30 feet from the proposed loading dock and nearest HV AC unit. Both the loading dock and HV AC
units would be p2.-tia11y to fu11y obscured from this residential development by existing slope
topography, inc.-eased landscape tre3tment and three-foot high parapet 2t the building edge roofline.
According to the noise study, noise emissions from loading docks typica11y consist of movement of
materials in and out of the delivery trucks, pedestrian noises and idEng truck noise, According to
Say-On truck delivery poEcy, truck deliveries are restricted to 3-5 per week and never more than one
deli"ery during the same hour. These conditions formed the basis of the assumptions utilized in the
noise study,
Tne estimated maximum property line noise Ieve] associated with loading dock activities is 60 dBA
Leg (one-hour); this noise level is the City Noise Ordinance daytime standard. Loading dock
acti\'ities would therefore exceed the City Noise Ordinance nighttime noise level standard of 50 dBA
Leg (one-hour). Therefore, no truck deliveries will be permitted between the hours of 10:00 p.m. and
7:00 a,m weekdays and 10:00 p.m, and 8:00 a,m. weekends. Compliance with the mitigation measure
contained below in Section F would avoid ~ignificant loading dock noise impacts.
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The proposed drugstore would utilize fo;"r HV AC units operating under computer control. It is
anticipated that not all units would be in operation at the same time; however, this condition was
assessed in the noise study as a worse case scenario. According to the noise study, HV AC operations
would result in a worse case noise level of 50 dBA Leq (one-hour) at the multi-family residential
property line to the south. This noise level is the City Noise Ordinance nighttime standard; therefore,
no significant noise impacts from the proposed drugstore HV AC equipment would result.
F. Miti~ation Necessary to Avoid Silffiificant Impacts
Geophvsical
I. Prior to the commencement of grading, temporary erosion control measures shall be
implemented, These measures may include desilting basins, berms, hay bales, silt fences, dikes
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W 3ter:Draina I!e
According to a preliminary drainage letter report prepared by Smart Engineering, Inc" dated
Ocrober I, 200 I, the site as it is currently developed has minimal landscaped surfaces. The site
currently consists of approximately 90 % impervious surfaces. The proposed project would increase
the percentage of landscaped areas on.site, resulting in a decrease of impervious surfaces to 83 %,
Therefore, the proposal would not result in the generation of additional runoff. A final drainage
smdy will be required in conjunction with the preparation of final grading and improvement plans
and properly designed drainage facilities will be required to be installed at the time of site
development.
On-site drainage would be collected in new on-site catch basins that would drain into relocated off-
site catch basins along Fourth A venue and "C" Street, prior to flowing southerly into the drainage
chanrJe!, Pre-construction and post-construction storm water pollution best managetnent practices
(BI\!Ps) will be required to be incorporated into the final grading plans,
Due ;0 the size and existing condition of the project site, the preparation and imp1ementation of a
Sto;w Water Pollution Prevention Plan (SWPPP) would not be required. However, compliance with
provisions of the California Regional Water Quality Control Board, San Diego Region Order No,
2001-01 with respect to construction-related water quality BMPs would be required. Based upon the
project design, conditions of the Precise Plan, and mitigation measures contained below in Section F,
water quality impacts would be reduced to a level of]ess than significance.
Traffic/Circulation
Exisiing Condiiions
Vehicular access to the project site is from Fourth A venue via one driveway and "C" Street/Third
A venue extension via four driveways, The intersection of Fourth A venue and "C" Street is
signalized, The segments of Fourth Avenue and "C" Street/Third Avenue extension fronting the
project site currently operate at a LOS A.
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Exisling CondiliolZS Plus Proposed Proje'cr
Based upon the City's Municipal Code, Section 12.24,040, City Council Policy No, 563-02, and
the Circulation Element of the City's General Plan, the proposed project would be responsible for
the foHowing roadway frontage improvements as shown on Exhibit B and fees:
. Widening of Fourth A venue with full curb, gutter and sidewalk improvements,
. Widening of "C" Street with full curb, gutter and sidewalk improvements. Construction of
raised concrete median along "C" Street from Fourth A venue to North Glover A venue,
. Relocation of traffic signal, street lights and utility poles as necessary for street widening
Improvements.
. Right-of-way dedication of 18 feet along Fourth Avenue and 7 feet along "C" Street.
. Payment of applicable Transportation Development Impact fees and Traffic Signal fees.
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ond shoring, These measures sloaIJ be reflected on the grading and improvement plans to the
satisfaction of the City Engineec,
\V2:~r:Draina!.:!e
2, Prior to the issuance of any grading permit and/or pubJic construction permit, the City Engineer
shan verifY that the final gTading and improvement plans comply ",ith the provisions of
CaJifomia Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with
respect to construction and post-construction water quality best management practices.
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3, As a condition of the Fourth Avenue and "c" Street Commercial Center project (PCM-02-05/IS-
02-05), no truck deliveries to the drugstore shan be permitted between the hours of 10:00 p,m,
and 7:00 a.m, weekdays and 10;00 p.m. and 8:00 a,m, weekends,
G, Consultation
1. Individuals and Or2:anizations
City of Chula Vista:
Marilyn R.F. Ponseggi, Planning and Building
Paul He11man, Planning and Building
I\1aria C. Muett, Planning and Building
Brad Remp, Plan11ing and Building
Duane Bazzel, Planning and Building
Frank Herrera-A, Planning and Building
Garry Wi11iams, Planning and Building'
Clifford Swanson, Engineering
Frank Rivera, Engineering
Ralph Leyva, Engineering
Silvester Eveto\'ich, Engineering
Majed Al-Ghafry, Engineering
Justin Gipson, Fire Department
Richard Preuss, Police Department - Cri!Ile Prevention
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Applicant:
Chuck MilJer, M,D. Chula Vista, LLC
Others:
Sweetwater Authority
Chula Vista Elementary School District
2. Documents
City of Chula Vista General Plan, 1989
Title 19, Chula Vista Municipal Code
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:\oise Analysis for 4'" and C Commercial Plaza, Loading Dock/HV AC Noise Assessment,
p,epared by Inyes;igatiye Science and Engineering, Inc" November 4, 2002
Drainage Repor1 Lerter for Proposed Sav-On Drugs, 4'" Avenue and C Street, prepared by St1.:ar1
Engineering, Ine" dated October I, 200 \.
3, L,itiaI Study
Tnis environrne:1ta] determination is based on the attached Initial Study, and any comments
received in response to the Notice of Initial Study. The report reflects the independent judgment
of the City of Chula Vista, Funher information regarding the environmental review of this
project is ayai1ab1e from the Chula Vista Planning and Building Department, 276 Fourth Avenue,
(hula Vista, c.-\ 91910.
~l~!(?ftW~.
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Enyironmental Re\iew Coordinator
Date:
I III '7'/ a;z
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ENVIROJ\:-,IENT AL CHECKLIST FORM
Case :\0.15-02-05
1.
Name of Proponent:
2.
Lead Agency Name and Address:
3.
Address and Phone Number of Proponent:
4.
Name of Proposal:
5.
Date of Checklist:
I. LAND USE AXD PLA:Nl'UNG. Would [he
proposal:
a) Conflict with general plan designation or
zoning?
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction
over the project?
c) Affect agricultural resources or operations
(e.g" impacts to soils or farmlands, or impacts
from incompatible land uses)?
d) Disrupt or divide the physical arrangement of
an established communiqi (inclu4Jng a low-
i?come or minority community)?
Co=ents:
M.D. Chula Vista, LLC
City of Chula Vista
276 Fourth A venue
Chula Vista, CA 919]0
13212 Maricotte Place
San Diego, CA 92]30
(858) 792.6963
Fourth Avenue and C Street
Commercial Center
November 12, 2002
Potentially
Significant
Impact
PoleDlially
Si!;nilicanl
Unless
;\1ilig1lted
Less th:.ln
Significant
ltnpact
,;,
Impact
ti!J
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a) The project'Site is zoned CCD (Central Commercial DistrictlPrecise Plan) and designated
CR (Retail Commercial) under the City's General Plan; retail uses are permitted in this zone
with design review of a Precise Plan.
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b) The proposal would not conflict with any applicable adopted environmental plans or policies.
Furthermore, the proposed development would not encroach into the Draft Ciry of Chula
Vista Multiple Species Conse",ation Program Subarea Plan Habitat Preserve area.
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c) The project site is neither in current agricultural production nor adjacent to property in
agricultural production and contains no agricultural resources,
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d) Tne proposed development of a commercial building and remodeling of an existing
commercial center would not disrupt or divide an established community,
I\!itigation: No mitigation measures u= required
POltnti2Uy
II. PO PULA TIO", AND HOUSING. Would rhe POlentlaUy Si!;niJicanl Lcs:sthan
Sii:niCic<int Unless $i:nifitaIlI No
proposal: Impact r.liliz;:aled Impact Impact
a) Cumulatively exceed official tegional or local 0 0 0 0
population projections?
b) Induce substantial growth in an area either 0 0 0 0
directly or indirectly (e,g,. through projects in
an undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable 0 0 0 0
housing?
Comments:
a) The proposed redevelopment project would have no effects upon regional or local
population, as it is a minor retail commercial land use and not a housing development,
b) Tne proposed commercial project would not directly or indirectly induce population growth,
as it is a minor retail commercial land use,
c) The existing project site does not contain any housing development, therefore, no
displacement of existing housing or removal of affordable housing would occur.
Mitigation: No mitigation measures are required,
POltDtiaU,.
III. GEOPHYSICAL. Would rhe proposal resulr in or Potentially Signific:;ant Lcsslh:ln
Significant Unless Si;uiIic:ant No
expose people ro poremial impaCls involving: Impact Mitigated Im",,, Impact
a) Unstable ~arth conditions or changes in 0 0 0 0
geologic substructures?
, ..
b) .:... ....'#:j.
Disruptions, displacements, compaction or 0 0 0 0
overcovering of the soil? ,
c) Change in topography or ground surface relief 0 0 0 0
features?
d) The destruction, covering or modification of 0 0 0 ~
any unique geologic or physical features?
e) Any increase in wind or water erosion of soils, 0 0 0 0
either on or off the site?
f) Changes in deposition or erosion of beach 0 0 0 0
sands, or changes in siltation, deposition or
erosion which may modify the channel of a
river or stream or the bed of the ocean or any
bay inlet or lake? dX
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g) Exposure of people or property to geologic 0 0 CJ 0
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards?
Comments: See !\!itigated Negative Declaration, Section D.
Mitigation: See Mitigated Negative Declaration, Section F,
PotentiaUy
PotentiaUy Si\:nifiunt Less than
IV. WATER. Would the proposal result in: Sil;niJiC:OInl Unless Si;nificanl No
Impact MitiC:lIt'd Impiu:1 Impact
a) Changes in absorption rates, drainage patterns, 0 0 0 0
or the rate and amount of surface runoff?
b) Exposure of people or property to water related 0 0 0 0
hazards such as flooding or tidal waves?
c) Discharge into surface waters or other 0 0 0 0
alteration of surface water quality (e,g"
temperature, dissolved oxygen or turbidity)?
d) Changes in the amount of surface water in any 0 0 0 0
water body?
e) Changes in currents, or the course of direction 0 0 0 0
of water movements, in either marine or fresh
waters?
f) Change in the quantity of ground waters, either 0 0 0 0
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations?
g) Altered direction or rate of flow of 0 0 0 0
groundwater?
h) Impacts to groundwater quality? 0 0 0 C!'J
i) "
Alterations to the course:.or flo~.'Of flood 0 0 0 C!'J
waters?
j) Substantial reduction in the amount of water 0 0 0 C!'J
otherwise available for public water supplies?
Comments: See Mitigated Negative Declaration, Section D.
Mitigation: See Mitigated Negative Declaration, Section F,
PoteatiaU,.
V. AIR QUALITY.' Would the proposal: PotentiaUy Sip..ificaal Less tha.a
SigniIicao( u..... SignifiQllt No
Impact Mitig.ated Impact Impact
a) Violate any air quality standard or contribute to 0 0 C!'J 0
an existing or projected air quality violation?
C)..q
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e) Create a substantial increase in stationary or
non-stationary sources of air emissions or the
deterioration of ambient air quality?
Comments:
a) Grading and construction of the proposed redevelopment project would temporarily create
dust and emissions associated with activity from construction equipment and vehic1es. These
short-term emissions are not considered significant impacts. Standard dust control measures
would be implemented, inc1uding watering exposed soi1s and street sweeping. The Average
Daily Traffic (ADT) projected to be generated by the redevelopment project would not
contribute significantly to the degradation of the local air quality.
b) Expose sensitive receptors to pollutants"
c) Alter air movement, moismre, or temperature,
or cause any change in c1imate, either locally
or regional1y?
d) Create objectionable odors?
b) See V,a. above,
o
o
s
o
o
o
o
o
o
o
o
o
o
o
o
o
c) The proposed redevelopment project would not alter air movement, moisture, or
temperature, or cause any change in climate,
d) Neither development nor operation of the proposed commercial center is anticipated to create
any objectionable odors,
e) See V,a, above,
Mitigation: No mitigation measures are required.
VI. TRANSPORTATION/CIRCULATION. Would
rhe proposal resulr in:
a) Increased vehicle trips or traffic congestion?
b) Hazards to safety from design fe.atures (e.g"
sharp curves or dangeJ'{ius inte~ections) or
incompatible uses (e.g" fann equipment)?
c) Inadequate emergency access or access to
nearby uses?
d) Insufficient parking capacity on-site or off-site?
e) Hazards or barriers for pedestrians or
bicyclists?
f) Conflicts with adopted policies supporting
alternative transportation (e,g, bus turnouts,
bicycle racks)?
g) Rail, waterborne or air traffic impacts?
h) A "large project" under the Congestion
3D
.4.
PotentiaUy
POltntially Signific.ant '-"'''''.
Signific:r.nt Unless Si:nillc:ant ~,
Impact Mitig:ued imp''' Imp3ct
0 0 ~ 0
0 0 0 ~
0 0 II 0
0 0 0 ~
0 0 ~ 0
0 0 0 ~
o
o
o
~
o
o
o
II
Mana~eme~t Program? (An equivalent of 2~00
or mo~e a\'erage daily vehicle trips or 200 or
more peak.hour vehicle trips,)
Comments: See Mitigated Negati\'e Declaration, Section D,
Mitigation: No mitigation measures are required,
VII. BIOLOGICAL RESOURCES. Would rhe
proposal result in impacts to:
a) Endangered, sensitive species, species of
concern 01 species that are candidates for
listing?
b) Locally designated species (e,g" heritage
trees)?
c) Locally designated natural communities (e.g"
oak forest, coastal habitat, etc,)?
d) Wetland habitat (e,g" marsh, riparian and
vernal poo!)?
e) Wildlife dispersal or migratio~ corridors?
f; Affect regioDal habitat preser..ation planning
efforts?
Comments:
POleDliaUy'
POlcntlaUy Sil:11ifkanl Less tb.:iltI
SignifieDt Unless Si:;niJiCOlnl No
Impilct Miti:;1ued Impact Impact
0 0 0 0
0 0 0 0
0 0 0 Ii!
0 0 0 0
0 0 0 Ii!
0 0 - Ii!
a) No endangered or sensitive species, species of concern or species that are candidates for
listing are present within or immediately adjacent to the proposed development area.
b) No locally designated species are present within or immediately adjacent to the proposed
development area.
c) No 10cally designated naturalcommupities are present within or immediately adjacent to the
. - . -.
proposed development area,- .'
d) No wetland habitat is present within'or immediately adjacent' to the proposed development
area.
e) No wildlife dispersal or migration corridors exist within or immediately adjacent to the
proposed development area.
f) No impacts to regional habitat preservation planning efforts would result from the proposed
project as the development site is a designated development area in the Draft Ciry of ChuIa
Vista Multiple Species Conservation Program Subarea Plan.
Mitigation: No mitigation measures are required.
.5-
..
31
- ~--~'------
YIII. E~ERGY A\'D 1\!INERAL RESOURCES.
Would Ihe proposal:
2) Conflict with adopted energy conservation
plans?
b) Use non. renewable resources in a wasteful and
inefficient manner?
c) If the site is designated for mineral resource
protection, will this project impact this
protection?
Comments:
rOLtntl:JII~.
Putt"nliOlU)" Si!:"ifiC:Jnl us.!lh;1n
Sil:nific.:anl Unless 5i!:nil'iant
Imp:!ct MiliS:-:lIt'd Imp.;lC1
0 0 0
0 0 0
0 0 0
No
lrop:act
o
o
o
a) The project would not conflict with any adopted energy conservation plans,
b) The proposed commercial development would be designed to meet or exceed all applicable
energy efficiency regulations, There are no proposed features or aspects of the project that
would result in the wasteful 01 inefficient use of non-renewable resources,
c) Pursuant to the Environmental Impact Report for the City of Chula Vista General Plan, the
State of California Deparrrnem of Conservation does not designate the project site for
mineral resource protection,
Mitigation: No mitigation measures are required,
IX. HAZARDS. Would Ihe proposal involve:
a) A risk of accidental explosion or release of
hazardous substances (including, but not
limited to: petroleum products, pesticides,
chemicals or radiation)?
b) Possible interference with an emergency
response plan or emergency eva~uation plan?
. .-~;
c) The creation of any heiiith hazarQ or potential
health hazard?
d) Exposure of people to existing sources of
potential health hazards?
e) Increased fire hazard in areas with flammable
brush, grass, or trees?
Comments:
Potentially
Potentially Significant ~lh2n
Signific2nl. Unless Sipillkanl No
Imp3ct Mitigated Impact ltnp2ct
0 0 0 0
0 0 0 0
0 0 0 181
0 0 181 0
0 0 0 181
a) There are no features of the proposed project that represent an atypical risk of accidental
explosion or release of hazardous substances. If applicable, a business plan that identifies
the type and location of any hazardous materials utilized and/or stored on-site by any of the
tenants would be required to be filed with the City Fire Deparrrnent and County for San
Diego Department of Environmental Health/Hazardous Materials Management Division.
.6-
-3.)..
b) The proposed commercial redevelopment project would not result in interference with an
emergency response plan or emergency evacuation plan, According to the Fire Department.
the proponent is required to have access roads meet Chula Vista Fire Department turning
radius measurements and provide access ways within the project site, with a minimum width
of 20' with 13' 6" unobstructed vertical clearance; these requirements have been met by the
proponent,
c) There is the potential for the release of hazardous materials (i.e., asbestos, lead) during the
demolition of portions of the existing commercial center. The applicant wi1l be required to
be in compliance with San Diego County Department of Environmental Health, Hazardous
Materials Management Division regarding hazardous materials'removal during demolition
activities. Thus, no health hazards or potential health hazards would result from the
proposed project.
d) No known sources of potential health hazards exist on the project site or in the immediate
vicinity.
e) The project site is fully developed and does not contain flammable native brush, grass, or
trees, and is not adjacent to such fire hazard areas,
Mitigation; No mitigation measures required,
X. :\OISE. Would rhe proposal resulr ill:
a) Increases in existing noise levels?
PoteI1ti3U,.
Potentially Significant L~tb:iln
Significant Unless Signincnt Ko
Imp:ilct I'tlitigaled laIpaa Impact
0 0 0 0
0 0 0 0
b) Exposure of people to severe noise levels?
Comments: See Mitigated Negative Declaration, Section D,
Mitigation: See Mitigated Negative Declaration, Section F,
XI,
PUBLIC SERvlCES. Would rhe pr'fposal have
an effect upon, or result in a need for new or
altered government services in any of the following
areas:
PotealiaU,.
Sicnific:uat
Imp,act _
PotentiaUy
SignilicaDt
u",=
Mitipled
'=-
SipirJC2..Dt
lm..a
No
Impa"
a) Fire protection?
b) Police protection?
c) Schools?
0 0 0 C!I
0 0 0 C!I
0 Q 0 C!I
0 0 C!I 0
0 0 0 C!I
..
d) Maintenance of public facilities, including
roads?
e) Other governmental services?
Comments:
'33
.7 -
a) .-\ccording to L~~ Fire Department, adequate fire protection services can continue to be
provided upon completion of the proposed project. The proposed commercial d~velopment
would not h2v~ a significant effect upon or result in a need for new or altered fire protection
s~:.,..ices.
b) According to L~~ Police Department, adequate police protection services can continue to be
provided upon completion of the proposed project. The proposed commercial remodeling
project would not have a significant effect upon or result in a need for new or altered police
protection s~rvices.
c) The proposed project is a minor retail commercial development and therefore would not
induce any population growth nor result in any adverse impacts to public schools or need for
additional public schools.
d) The required roadway frontage improvements to be constructed by the proponent would be
maintained by the City fonowing acceptance by the City; however, these improvements are
consistent with current City plans and policies and would improve the performance of the
local stre~t n~twork.
e) As a privat~ d~velopment, the proposed commercial retail center does not require the need
for governm~ntal services. The proposed project is a commercial land use and would not
have a significant effect upon or result in a need for new Ot expanded governmental services.
Mitigation: See Mitigated Negative Dec1aration, Section F.
XII. Thresholds. Will the proposal adversely impact
the City's TIJreshold Standards?
As described below, the proposed project would not adversely impact any of the seven
Threshold Standards. .
Potentially
POltnti2l1J Si~nific3nt Less than
Significant Unless SiguifiC2Dt No
Impact Mitigated Imp.;a Imp;ict
0 0 ~ 0
Potentially
.- POleDtiaUI Si~ificant Less tun
,''#J Sipific:ant V..", Sipifk2D( No
1m",,, Milipted 1m",,, 1m",,,
a) Fire/EMS 0 0 II 0
The Threshold Standards requires that fire and medical units must be able to respond to
calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of
the cases. The City of Chula Vista has indicated that this threshold standard will be met,
as the commercial center is 1.5 miles from the nearest fire station and would be
associated with a two-three minute response time. The proposed project would comply
. with this Threshold Standard.
Comments: The Fire/EMS threshold would be met as reported by the Fire Department.
Therefore, no significant impacts to fire services are anticipated.
Mitigation: No mitigation measures are required.
."
3'-1
" 8"
.' -~-'-"-""-'---'-".'--'.-.~_.-
-~~.~ --,'.,.------ ,.-..
PUI~oLi.:I.UJ
Polcnli...II'!' Si~nilic::.nl u.s.s liI..n
Si;:nificant Cnkss Si:;lIifiC2nl No
Imp:ac\ ~Iilil:..u~d Jmp:aC1 Impact
b) Police 0 0 :;: 0
The Threshold Standards require that police units must respond to 84 % of Priority 1 cans
within 7 minutes or less and maintain an average response time to all Priority I calls of
4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7
minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes
or less.
Comments:
Department.
The Police threshold would continue to be met as reported by the Police
Tnerefore, no significant impacts to police services are anticipated.
Mitigation: No mitigation measures are required.
POltnliaUy
Potentiollly Signific:ilnt Lenlban
Si;::nificant Unless SignifiC2nt No
Impact !'olitigattd Imp:lct Impact
C) Traffic 0 0 0 0
I. City-wide: Maintain LOS "C" or bener as measured by observed average travel
speed on all signalized arterial segments except that during peak hours a LOS "D"'
can o:cur for no more than any two hours of the day.
2. West or I-80S: Those signalized intersections, which do not meet the standard
above, may continue to operate at their current 1991 LOS, but shall not worsen.
Comments: No exceedances of the' traffic thresholds would result from the proposed
redevelopment of the project site.
J\1itigation: See Mitigated Negative Declaration, Section F.
Potentially
Potentially Significant Less than
Significant Unltss Si:niJ'kant No
Impact Mitigated 1m"" Impact
....
d) Parks/Recreation "-"j.
0 0 0 till
The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and
community parkland with appropriate facilities per 1,000 residents east ofInterstate 805.
Comments: The proposed project is located west of 1-805, thus the parks and recreation
threshold standard does not apply.
Mitigation: No mitigation measures are required.
Potentially
Potentially Sip-ilieant Less thall
Significant UI11ess SipiJiObt No
Impact Mitij;:ued Impact Impact
e) Drainage 0 0 c;! 0
The Threshold Standards require that storm water flows and volumes not
"3:5
--
- 9-
exceed City Engineering Standards. Individual projects will provide necessory
improvements consistent with the Drainage Master Plan(s) and City
Engineering Standards. The proposed proj~ct will comply with this Threshold
Standard.
Comments: S~e Mitigated Negative Declaration, Section D.
Mitigation: See Mitigated Negative Declaration. Section F.
Pot~nli<lU,.
SiJ:nifican(
Impact
PotentiaUy
Si!;nilic.mt
Unless
;\titicated
1..esslnaa
SieniIic:l1I1
Impact
No
Impact
f) Sewer
o
o
:;:
o
The Threshold Standards require thai sewage flows and volumes not exceed
City Engineering Standards. Individual projects will provide necessary
improvements consistent with Sewer Master Plan(s) and City Engineering
Standards. The proposed project will comply with this Threshold Standard.
Comments: There is an existing 8-inch sewer line on the westerly side of the project site
that flows northerly along Fourth A venue and an existing 8-inch sewer line on the northerly
side of the project site that flows westerly along "C" Street; both connect to a lO-inch
sewer line flowing westerly on "C" Street. No new sewer service would be required to
serve the proposed project. Proper engineering design of required sewer improvements to
serve the project would ensure that sewage flows and volumes would not exceed City
Engineering Standards.
Mitigation: No mitigation measures. are required.
Potenti.:lUy
Sij;niCicant
Impact
Potentially
Significant
Unless
Mitigaltd
!.wwo
SieniIk::a.at
1m""
No
Impact
g) Water
.--;,;
o
o
II
o
The Threshold Standards require that adequate storage, treatment, and transmission
facilities are constructed concurrently with planned growth and that water quality
standards are not jeopardized during growth and construction. The proposed project will
comply with this Threshold Standard.
Applicants may also be required to participate in whatever water conservation or fee off-
set program the City of Chula Vista has in effect at the time of building permit issuance.
Comments: The project site is within the service area of the Sweetwater Water Authority.
The project may be adequately serviced off the existing 16-inch water main on Fourth Avenue
and the 8-inch water main on "C" Street. Project impacts to the District's storage, treatment,
and transmission facilities would be less than significant.
Mitigation: No mitigation measures are required.
..
- 10
3&
Potcnli..Uy
XIII. UTILITIES A:\D SERVICE SYSTEJ\lS. Would POlcnti"U;o Si;::nif'icant Less than
Sil!niric;ant Unless Si;::nirianl '0
Ihe proposal result in a need for new S)'slems, or Impact Mili!;attd Impact Imp1ct
SUbSlamial allerations to the following utililies:
a) Power or natural gas? . 0 0 ~ 0
b) Communications systems? 0 0 ~ 0
c) Local or regional water treatment or 0 0 ~ 0
distribution facilities?
d) Sewer or s~ptic tanks? 0 0 ~ 0
e) Storm water drainage? 0 0 ~ 0
f) Solid waste disposal? 0 0 ~ 0
Comments:
a) The project site is located within an urban area that is currently served by all necessary
utilities and service systems. Any alterations to existing utilities and service systems and
connections to such utilities and systems that are necessary in order to adequately service the
proposed project would be implemented by the proponent, subject to the approval of the
appropriate utilities and servic~ providers and the City. No significant impact to utilities and
service systems would result from the proposed project.
b) See XIII.a.
c) See XIlLa. Pursuant to correspondence from the Sweetwater Authority, dated August 17,
2001, the project may be servic~d from existing potable water mains.
d) See XIlLa. According to the Engineering Division, there is an existing 8-inch sewer line on
the westerly side of the project site that flows northerly along Fourth A venue and an existing
8-inch sewer line on the northerly side of the project site that flows westerly along "C"
Street; both connect to a lO-inch sewer line flowing westerly on "C" Street. City
Engineering staff has determined that existing sewer mains are adequate to serve the
proposed project. ~ "'J
e) See XIILa. There is an existing inlet located southwest of the'property along Fourth Avenue
and the southeast curb return of the intersection of Fourth Avenue and "C" Street. The'
adequacy of the existing storm drainage facilities to serve the project will be determined at
the time of detailed engineering design; any improvements to the storm drainage system that
are deemed necessary will be implemented by the proponent to the satisfaction of the City
Engineer.
f) See XIILa.
Mitigation: No mitigation measures are required.
3/
.11
___'____r_'_'__>.'_n
Putcnti.lJ)"
POlcnli..l1~ SiCniric:lf11 Lcssth;m
Si:::niric2nl Unkss Si;:niftC2nt r-;o
XIV. ,->.ESTHETlCS. Would Jhe proposal: Imp:lc! Mili;::lh"d hnp..ct Imp2C1
a) Obstruct any scenic vista or view open to the 0 0 0 0
public or will the proposal result in the creation
of an aesthetically offensive site open to public
view?
b) Cause the destruction or modification of a 0 0 0 0
scenic route?
c) Have a demonstrable negative aesthetic effect? 0 0 0 0
d) Create add~d light or glare sources that cou1d 0 0 0 0
in~rease th~ I~vel of s1:y glow in an area or
cause this project [0 fail [0 comply with, Section
19.66.100 of the Chula Vista Municipal Code,
Title 19ry ,
e) Produce an additional amount of spill lightry 0 0 0 0
Comments:
a) No significar,t scenic vistas or views open to the public exist through the site.
b) In accordance with the City's General Plan, Fourth Avenue (from Route 54 to the Chula
Vista Gre~nbelt) is a designated scenic roadway, Landscape treatments within a 10-foot
wide strip, along Fourth Avenue and "C" Street and internal landscaping are proposed in
accordance with the City of Chula Vista Municipal Code, (Sections 19.36.090 and
19.36.110) landscape and site architectural requirements and design review guidelines.
These landscape improvements would ensure that aesthetic impacts to this scenic roadway
are not adverse.
c) The project site is currently developed with an existing commercial center that has not been
in full operation over the past years. The existing landscaping and decorative hardscape has
not been consistently maintained. .' Ihe proposed redevelopment of the project site would not
have a demonstrable negative aesthetic effect; in fact, it would provide an improvement to
the aesthetic quality of the area. Proposed improvements along the site's two street
frontages, inc1uding landscaping, decorative hardscape, and street improvements, would
have a positive aesthetic effect.
d) Proper architectural design would ensure compliance with Section 19.66.100 of the Chula
Vista Municipal Code. Exterior lighting would not be directed upward and would be
designed with appropriate shielding, if necessary, to ensure that light does not spill
horizontally beyond the limits of the development area onto adjacent roadways, and
surrounding properties.
e) See XIV.d.
Mitigation: No mitigation measures are required.
..
38' ,
. t2
POlcnli:lJJy
XV. CFLTURAL RESOURCES. Would [he Potcnli..Uy 5i;:niCic:ont Less Ih:on
5il:niriC:In( Unlcss 5i:;::niriC:;J.nt !"o
proposal: lmp:.oct r.liti;::alcd Imp:.ict Impooc!
a) Result in L1~ alteration of or the destruction or 0 0 0 0
a prehistoric or historic archaeological site?
b) Result in adverse physical or aesthetic effects 0 0 0 0
to a prehistoric or historic building, structure
or object?
c) Have the potential to cause a physical change, 0 0 0 ~
which would affect unique ethnic cultural
values?
d) Restrict existing religious or sacred uses within 0 0 0 0
the potential impact area?
e) Is the area identified on the City's General Plan 0 0 0 ~
EIR as an area of high potential for
archaeological resources?
Co=ents:
a) ;-';0 prehistoric or historic archaeological sites are known or expected to be present within th~
impact area of L~e proposaL See XV.e. below.
b) No buildings or structures are present within the impact area of the proposal and no
prehistoric or historic objects are known or exp~cted to be present within the impact area.
See XV.e. below.
c) The proposed physical changes would not affect unique ethnic cultural values.
d) No religious or sacred uses exist within the impact area of the proposaL
e) The project site is identified as an area of low potential for cultural resources in the City's
General Plan EIR. Based on the low sensitivity of the site, the level of previous disturbance
to the site, and the relatively minor .aplOunt of proposed excavation, the potential for impacts
. . -)
to archaeological resources is considered to be less than significant.
Mitigation: No mitigation measures are required.
PolentiaUy
SipificuI.t
IlUpact
PotentiaDy
Si:r1inC~Dt
Unless
Mitig:ued
Lesstb.:an
SipifiC2l1t
1m",,,
No
Impact
XVI. PALEONTOLOGICAL RESOURCES. Will the
proposal result in the alteration of or the
destruction of paleontological resources?
o
o
o
181
3'/
.13
Comments:
The project site is idemified as an area of low potential fot paleontological resources in the City's
Gene,al Plan EIR. Based upon the low sensitivity of th~ site, the level of previous disturbance to the
site and the relatively minor amount of proposed excavation, the potential for'impacts to
paleontological resources is considered to be less than significant.
Mitigation: No mitigation measures are required.
a) Increase the demand for neighborhood or
regional parks or other recreational facilities?
b) Affect existing recreational opportunities?
potentiaUy
Potentially Si'i:niliunt Les,s th~D
Signific2nt Unless Sign.ifiC2nt No
Impact - ]\1iti~aled Im,.,ct Impact
0 0 0 ~
0 0 0 ~
0 0 0 ~
XVII. RECREATION. Would the proposal:
c) Interfere with parks & recreation plans or
programs~
Comments:
a) Because the proposed project consists of redeveloping an eXlstmg commercial center, it
would not induce any population growth nor require park pad fees. Thus, the project
would not result in an incre2s~ in demand for neighborhood or regional parks or other
recreational opportunities.
b) No recreational facilities exist or are proposed on the project site. The proposal would
not affect existing off-site recreational opportunities including the neighborhood park
across the street. The proposed project would not result in a significant impact to
recreational opportunities.
c) According to the Parks and Recreation Element of the General Plan, the project site is not
planned for any future parks and recreation facilities or programs.
.. .L-1:j
Mitigation: No mitigation measures are required.
Potentially
Significant
Impact
Poteatially
S'1pincanl
V.....
Mj1le:aled
1.=-
Si:nific::uzt
1m",,,
No
1m",,,
XVIII. MANDATORY FINDINGS OF
SIGNIFICA.1'\CE: See Negative Declarationfor
mandatolY findings of significance. If an EIR is
needed, this section should be completed.
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
o
o
o
II
+0
. 14
cause a fish or wildlife population to drop below
self-sust.::.ining levels, thre:1ten to eliminate a
plant or a"imal community. reduce the number
or restrict the range of a rare or endangered
plant or animal or eliminate important examples
of the major periods or California history or
prehistory?
Comments: The site is currently occupied with a commercial retail use, and is within the designated
development area the Draft City of Chula Vista Multiple Species Conservation Program Subarea
Plan, The sire was previously disturbed with grading for the existing center. There are no known
sensiti\'e plant or animal species or cultural resources on the site.
Mitigation: No mitigation measures are required.
b) Does the project have the potential to achieve
short-term, to the disadvantage oflong-term,
environmental goals?
o
o
o
o
Comments: The project would not affect long-term environmental goals of the City because the
project is consistent with the City of Chula Vista General Plan and the Draft City of (hula Vista
Multipk Species Cons~rvation Program Subarea Plan. The project site is currently developed. No
significant short-term impacts would result from the proposed project.
Mitigation: No mitigation measures are required.
c) Does the project have impacts that are
individually limited, but cumulatively
considerable? ('Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
o
o
o
~
Comments: No other development projects haye been recently approved in the surrounding area, nor
are there any known future projects h,,' the aTe~ that would create cumuJatively considerable impacts.
No significant cumulative impacts would result from the proposed project. .
Mitigation: No mitigation measures required.
d) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
o
o
o
o
Comments: No significant effects on human beings, either directly or indirectly, are anticipated to
result from the proposed project. The 2.67-acre site is currently occupied and is zoned for commercial
land uses.
Mitigation: No mitigation measures a're required.
..
'-/1
.15
- '. .~_._--_. ...-..,. -_.._..~._---....
XIX. PROJECT RE\"ISIONS OR :lIITIGA TION l\IEASu'RES:
Project mitigation mea,:.:,~s ar~ contain~d in Section F. Mitigation Necessary to Avoid Significant
Impacts, and Table I. l\!itigation Monitoring and Reponing Program Checklist. of Mitigated Negative
Declaration lS-02.05.
XX. AGREEMENT TO IMPLEJ\1E?'iT !\IITIGA TION MEASURES
By signing the line(s) provided below, the Property Owner and Operator stipulate ihat they have read,
understood and have their respective company's authority to and do agree to the mitigation measures
contained herein, and will implement same to the satisfaction of the Environmental Review
Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative
Declaration with the County Clerk shall indicate the Property Owner's and Operator's desire that the
Project be held in abeyance without approval and that the Property Owner and Operator shall apply for
an Environmental Impact Report.
C~( ~ A. h~\\~
~/ If 2 ",0'L
vv Uv. , } v
Date
Printed Name and Title of Property Owner
(or aurze representative)
Signature of Property Owner
(or authorized representative)
Nnf. (\" '200 L-
I
Date
Date
Printed Name and Title of Operator
(if different from Prop~rty Owner)
Signature of Operator
(if different from Property Owner)
Date
XXI. ENVIRON1\1ENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below \\iould be potentially affected by this project, involving at
least one impact that is a "Potentiall" Signifrt!ant Impact" or "Potentially Significant Unless Mitigated,"
as indicated by the checklist on the following pages.
o Air Quality
. Noise
0 Public Services
0 Utilities and Service
Systems
0 Aesthetics
0 Cultural Resources
0 Recreation
o Land Use and Planning
o Population and Housing
o Transportation/Circulation
o Biological Resources
. Geophysical
. Water
o Energy and Mineral Resources
o Hazards
o Paleontological
Resources
o Mandatory Findings of Significance
Lf...L.
..
. t6
XXII. DETERMl:\"A TIO:\':
On the oasis of this initial evaluation:
I find L'Jat the propos~d project COULD NOT have a significant effect on the 0
environment, and a J\EGA TlVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the .
environment, there will not be a significant effect in this case because the I1fitigation
measur~s described on an attached sheet have be~n added to the project. A
MITIGATED NEGATIVE DECLARATION will be prepared.
I find L~at the proposed project MAY have a significant effect on the environment, and 0
an ENVIRONMENTAL IMPACT REPORT is required.
I find L'Jat the proposed project MAY have a significant effect(s) on the envirorunent, but 0
at !east one effect: I) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on
the earlier analysis as described on attached sheets, if the effect is a "potentially
significant impacts" or "potentially significant unless mitigated." An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects'
that remain to be addressed.
o
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (2) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR.
including revisions or mitigation measures that are imposed upon the proposed project.
An addendum has been prepared to provide a record of this determination.
~a0J~/tY~ .~' .' 11/17',~';{
Mari1vn'R.F. Ponse2:!li I I Da'fe
, --
Environmental Review Coordinator
J :\Planning\M:ARlA \initial Study\IS0205chklst.doc
..F
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--
Poge.17
ATTACH:\IE:'\T "A"
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
41h Avenue and "C" Street Commercial Center Remodelinr?: - 1S-02-05
This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista
in conjunction with the proposed Fourth Avenue and "C" Street Commercial Center project. The
proposed project has been evaluated in an Initial StudylMitigated Negative Declaration (IS-02-
05) prepared in accordance with the California Environmental Quality Act (CEQA) and
City/State CEQA Guidelines. The legislation requires public agencies to ensure that adequate
mitigation measures are implemented and monitored for Mitigated Negative Declarations.
AB 31S0 requires monitoring of potentially significant and/or significant environmental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the foJlowing potential impacts:
I. Geophysical
2. Water/Drainage
.0. Noise
MONITORING PROGRA..M
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators
shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista.
The applicant shall beresponsible to ensurethat the conditions of the Mitigation Monitoring and
Reporting Program are met to the satisfaction of the Environmental Review Coordinator and
City Engineer. Evidence in written form confirming compliance with the mitigation measures
specified in Mitigated Negative Declaration IS-02-05 shaIl be provided by the applicant to the
Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator
and City Engineer wjJl thus provide the ultimate verification that the mitigation measures have
been accomplished.
.. ~;
Table I, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative
Declaration IS-02-05, which wiII be implemented as part of the project. In order to determine if
the applicant has implemented the measure, the method and timing of verification are identified,
along with the City department or agency responsible for monitoring/verifying that the applicant
has completed each mitigation measure. Space for the signature of the verifying person and the
date of inspection is provided in the last column.
J:\Planning\MARIA \Initial Study\lS-{)2-QSMMRPtcxt.doc
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR L,~d~~~T: M.D. CHULA VISTA, LLC PROJECT DESCRIPTION:
C) PROJECT SEC of Fourth Ave, Proposal for new is, 176 square feet Sav-on
ADDRESS: and "cn Street drugs and 1,189 square feet additional retail to
SCALE: FILE NUMBER: remaining 8,700 square feet retail.
NORTH No Scale 15-02-005 Related Case: PCM-02-0S
h:\home\ tannin \carlos\locators\IS02005.cdr 8/15/0 1 Cf-&
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I A TT ACHMENT 6 -
~I~ STORM WATER
=-~~_: ENGINEERING
,~~~
~~- PROJECT REVIEW
CllY Of 276 Fourth A veuue Chula Vista CA 91910
(HUlA VISTA
619-691-5021 619-691-5171 FAX & PERMITTING
FORM 5506 PROCESS
Figure 1
Review and Approval Process for Development and Redevelopment Projects
Project,
Submittal
Any AlI AlI
Yes? Complete Form No's? Complete Form No's? Project is Exempt
Project is Subject to SUSMP From Perm anent
Requirements 5500 5S0! BMP
Requirements
Any
Yes?
Incorporate
Prepare Water Quality Perm"anent
Technical Report in BMPs as
Accordance with Appendix B Indicated in
Form 5501
AlI
Y., Complete No Complete No's? Project is Exempt
Prepare SWPPP in Section 1 0 f Section 2 of From Construction
Accordance with Form 5503 Form 5502 Form 5502 8MP Requirements
--------./- -
~
Any
Yes?
Prepare Construction Storm Water
Management Plan in Accordance
with form 5504
I
~
Complete Form
5505
~-
~(~ PROJECT
-,- ENGINEERING
. - --- PERMANENT
~----~
CIIY OF 276 Fourth Avenue, ChuJa Vista, CA 91910
(HUlA VISfA STORM WATER
6I9~91-5021 619~91.5171 FAX BMPs (SUSMP)
FORM 5500 REQUIREMENTS
Appendix A
Complete the following checklist to detennine the project's per manent and construction best management
practices requirements. This form must be completed and submitted with the permit application.
If one or more questions in the checklist are answered "Yes," the project is subject to the "Priority Project
Permanent Storm Water BMPS (SDSMP)" requirements in Appendix B. If all answers are ''No'', please
complete Form 5501 to determine if the project is subject to the "Standard Permanent Storm Water BMP"
requirements.
Does the project meet the definition of one or mor e of the priority project categories? Also, refer to the
definition in Appendix F for expanded defmition of the Significant Redevelopment priority project
L Detached residential development of 10 or more units
2. Attached residential development of 10 or more units
3. Commercial development greater than 100,000 souare feet
4. Automotive repair shop
5. Restaurant .
6. Steen hillside development greater than 5,000 sauare feet
7. Project discharging to receiving waters within Envi ronmentally Sensitive Areas
8. Parking lots greater than or equal to 5,000 square feet or with at least 15 parking spaces,
and potentially exposed to urban runoff
9. Streets, roads, highways, and freeways which create a new paved surface that is 5,00 0
square feet or greater
Yes No
· Refer to the definitions in Appendix F for expanded definitions of the priority project categories.
Limited Exclusion: Trenching and resurfacing work associated with utility projects are not considered
priority projects. Parking lots, buildings and other structures associated with utility projects are priority projects
if one or more of the criteria is met.
}:\Engineer\NPDES\NPDES Manual\Form 5500 I.doc
Fonn 5500
Page 1 of 1
~I~ PERMANENT
-.- ENGINEERING
. - - -
-
- - --
mY Of 276 Fourth Avenue, Chula Vista, CA. 91910 STANDARD STORM
CHUIA VISTA
619-691-5021 619-691-5171 FAX WATERBMPs
FORM 5501 REQUIREMENTS
Appendix A
Section 1
Complete the following checklist to determine if the project is subject to "Permanent Standard Storm Water
B11Ps" requirements.
If one or more questions in the following checklist are answered "Yes", the project is subject to the applicable
"Permanent Standard Storm Water BMPs" requirements identified in Section 2 of this Form 550 I. If all
answers are "No", the project is exempt from permanent storm water BMPs requirements.
Does the project propose: Yes No Applicable BMP
(refer to Section 2 of
this Form 5501)
I. New impervious areas, such as rooftops, ro ads, parking lots, AI, A.2, BI, C.I,
driveways, paths, and sidewalks? C.2, C.8, Cll
2. New pervious landscape areas and irrigation systems? A.!, A.2, BA, C.IO
3. Permanent structures within 100 feet of any natural water body? A.!, A2, A.3
4. Trash storage areas? . B.3
5. Liquid or solid material loading and unloading areas? B-2, C.3
6. Vehicle or equipment fueling, washing, or maintenance areas? CA, C.5, C6, C.7,
C.9
7. Require a General NPDES permit for Storm Water Discharges Applicable BMPs
Associated with Industrial Activities (exceut Construction)? '
8. Commercial or industrial waste handling or storage, excluding B2, B3, C.3, C.6
typical office or household waste?
9. Any grading or ground disturbance during construction? AI, A.2, A3, CIO
10 Any new storm drains, or alteration to existing storm drains? A.3, B.!, CII
'To [md out if the project is required to obtain an individual General NPDES Permit for Storm Water
Discharges Associated with Industrial Activities, visit the State Water Resources Control Board web site at,
www.swrcb.ca.gov/stonnwtr/industrial.html. Applicable BMPs shall be selected from Section 2 of this Fonn
5501.
Form 5501
Pagelof6
._.'_ '_',__'_m._'__.~___....
Section 2
Pennanent Stonn Water BMP Requirements -
Standard Requirements
Development Projects subject to pennanent standard
BMP requirements sball complete and incorporate all
necessary pennanent BMPs into the project plans
prior to submittal, regardless of project type. The
City may approve proposed alternatives to the BMP
requirements in this manual if they are detennined by
the City to be applicable and equally effective. Also,
additional BMPs, analysis or infonnation may be
required by the City to enable staff to determine the
adequacy of proposed BMPs, and will be requested
through the project review process. Refer to Step 2
in the Manual: "Prepare & Submit Appropriate
Plans," for guidance in the BMP desi~ process.
Projects shall incorporate, where applicable, stonn
water BMPs into the project design, in the following
progressIOn:
.
Site Design BMPs
Source Control BMPs
BMPs for Individual Project Categories
.
.
The series of BMPs listed below have organized
sequentially to allow the applicant and design
professional to incorporate the site design, source
control BMPs, and where necessary, requirements
applicable to individual project categories in this
progression.
A. Site Design BMPs
L Minimize Proiect's Impervious Footprint &
Conserve Natural Areas
The following site design options shall be considered
and, incorporated and implemented where
determined applicable and feasible by the developer,
and as approved by the City of Chula Vista, during
the site planning and approval process, consistent
with applicable General Plan policies and other
development regulations.
a. Minimize impervious footprint. This can be
achieved in various ways, including, but not
limited to increasing building density (number
of stories above or below ground) and
developing land use regulations seek ing to
limit impervious surfaces. Decreasing the
project's footprint can substantially reduce the
Fonn 5501
project's impacts to water quality and
hydrologic conditions.
b. Conserve natural areas where feasible. This
can be achieved by concentrating or
clustering development on the least
environmentally sensitive portions of a site,
while leaving the remaining land in a natural,
undisturbed condition. The following list
provides a guideline for determining the least
sensitive portions of the site, in order of
increasing sensitivity. Developers should also
refer to the City's Multiple Species
Conservation Plan or other biological
regulations, as appropriate.
o Areas devoid of vegetation, including
previously graded areas and
agricultural fields.
o Areas of non-native vegetation,
disturbed habitats and eucalyptus
woodlands.
o Areas of chamise or mixed chaparral,
and non-native grasslands.
o Areas containing coastal scrub
communities.
o All other upland communities.
o Occupied habitat of sensitive species
and all wetlands (as both are defmed
by the City ofChula Vista).
o All areas necessary to maintain the
viability of wildlife corridors. Within
each of the previous categories, areas
containing hillsides (as defined in
Appendix E) should be considered
more sensitive than the same ca tegory
without hillsides.
c. Construct walkways, trails, patios, overflow
parking lots and alleys and other low -traffic
areas with penneable surfaces, such as
pervious concrete, porous asphalt, unit pavers,
and granular materials.
d. Construct streets, sidewalks and parking lot
aisles to the minimum widths necessary,
provided that public safety and a walkable
environment for pedestrians are not
compromised.
e. Maximize canopy interception and water
conservation by preserving existing native
trees and shrubs, and planting additional
native or drought tolerant trees and large
shrubs.
Page2of6
..--..--....-- ,...._-~~~--------
f. Minimize the use of impervious surfaces,
such as decorative concrete, in the landscape
design.
g. Use natural drainage systems to the maximum
extent practicable.
h. Other site design options tha t are comparable,
and equally effective, as approved by the
City.
2. Minimize Directly Connected Impervious Areas
(DCJAs)
Projects shall consider, and incorporate and
implement the following design characteristics,
where detennined applicable and feasible by the City.
a. Where landscaping is proposed, drain
rooftops into adjacent landscaping prior to
discharging to the storm drain'.
b. Where landscaping is proposed, drain
impervious sidewalks, walkways, trails, and
patios into adjacent landscaping.
c. Other design characteristics that are
comparable and equally effective, as
approved by the City.
3. Protect Slopes and Channels
Project plans shall include storm water BMPs to
decrease the potential for erosion of slopes and/or
channels, consistent with local codes and ordinances
and with the approval of all agencies with jurisdiction
over the project, e.g., the U.S. Army Corps of
Engineers, the San Diego Regional Water Quality
Control Board, and the California Department of Fish
and Game. The following design principles shall be
considered, and incorporated and implemented where
determined applicable and feasible by the City of
Chula Vista:
a. Convey runoff safely from the tops of slopes.
b. Vegetate slopes with native or drought
tolerant vegetation.
c. Control and treat flows in landscaping and/or
other controls prior to reaching existing
natural drainage systems.
d. Stabilize permanent channel crossings.
e. Install energy dissipaters, such as riprap, at
the outlets of new storm drains, culverts,
conduits, or channels that enter unlined
channels in accordance with applicable
specifications to minimize erosion. Energy
dissipaters shall be installed in such a way as
to minimize impacts to receiving waters.
f. Other design principles that are comparable
Fonn 5501
and equally effective, as approved by the
City.
B. Source Control BMPs.
I. Provide Storm Drain Svstem Stenciling and
Signage
Storm drain stencils are highly visible source control
messages, typically placed directly adjacent to storm
drain inlets. The stencils contain a brief statement
that prohibits the dumping of improper materials into
the urban runoff conveyance system. Graphical
icons, either illustrating anti-dmnping symbols or
images of receiving water fauna, are effective
supplements to the anti-dmnping message. Projects
shall include the following requirements in the
project design.
a. Provide stenciling, labeling, or stamping in
fresh concrete of all stann drain inlets and
catch basins within the project area with
prohibitive language (such as: ''NO
DUMPlNG - I LIVE DOWNSTREAM") and
graphical icons to discourage illegal dumping,
according to City approved designs.
b, Post signs and prohibitive language and/or
graphical icons, which prohibit illegal
dmnping at public access points along
channels and creeks within the project area,
according to City approved design.
c. Maintain legibility of stencils and signs,
2. Design Outdoor Material Storage Areas to Reduce
Pollution Introduction
Improper storage of materials outdoors may increase
the potential for toxic compounds, oil and grease,
heavy metals, nutrients, suspended solids, and other
pollutants to enter the urban runoff conveyance
system. Where the project plans include outdoor
areas for storage of hazardous materials that may
contribute pollutants to the urban runoff conveyance
system, the following storm water BMPs are
required:
a. Hazardous materials with the potential. to
contaminate urban runoff shall either be: (I)
placed in an enclosure such as, but not limited
to, a cabinet, shed, or similar structure that
prevents contact with runoff or spillage to the
stann water conveyance system; or (2)
protected by secondary containment
structures such as berms, dikes, or curbs.
Pagd of 6
b. The storage area shall be paved and
sufficiently impervious to contain leaks and
spills.
c. The storage area shall have a roof or awning
to minimize direct precipitation within the
secondary containment area.
d. Other methods that are comparable and
equally effective within the projects, as
approved by the City.
3. Design Trash Storage Areas to Reduce Pollution
Introduction
All trash container areas shall meet the following
requirements (linrited exclusion: detached residential
homes):
a. Paved with an impervious surface e, designed
not to allow run-on from' adjoining areas,
screened or walled to prevent off-site
transport of trash; and
b. Provide attached lids on all trash containers,
that exclude rain; or roof or awning to
minimize direct precipitation.
c. Other design characteristics that are
comparable and equally effective, as
approved by the City.
4. Use Efficient lnigation Svstems & Landscape
Design, and Emplov Integrated Pest Management'
Principles
Priority projects shall design the tinring and
application methods of irrigation water to nrinimize
the runoff of excess inigation water into the storm
water conveyance system. (Linrited exclusion:
detached residential homes.) The following methods
to reduce excessive irrigation runoff shall be
considered, and incorporated and implemented where
detenllined applicable and feasible by the City:
a. Employing rain shutoff devices to prevent
irrigation after precipitation;
b. Designing irrigation systems to each
landscape area's specific water requirements;
c. Using flow reducers or shutoff valves
triggered by a pressure drop to control water
loss in the event of broken sprinkIer heads or
lines;
d. Employing other comparable, equally
effective, methods to reduce inigation water
runoff.
Fonn 5501
Employ Integrated Pest Management Principles
Integrated Pest Management (IPM) is an ecosystem-
based pollution prevention strategy that focuses on
long-tenn prevention of pests or their damage
through a combination of techniques such as
biological control, habitat manipulation, modification
of cultural practices, and use of resistant plant
varieties. Pesticides are used only after monitoring
indicates they are needed according to established
guidelines. Pest control materials are selected and
applied in a manner that minimizes risks to human
health, beneficial and non -target organisms, and the
environment. More information may be obtained at
the UC Davies website
(http://www.ipm.ucdavis.edulWATERIU/index.htrnl)
Eliminate and/or reduce the need for pesticide use
in the project design by:
a. Plant pest-resistant or well-adapted plant
varieties such as native plants; and
b. Discourage pests by modifying the site and
landscaping design. Pollution prevention is
the primary "first line of defense" because
pollutants that are never used do not have to
be controlled or treated (methods which are
inherently less efficient).
Distribute IPM educational materials to future
site residents/tenants. Minimally, educational
materials must address the following topics:
a. Keeping pests out of buildings and
landscaping using barriers, screens, and
caulking;
b. Physical pest elimination techniques, such as,
weeding, squashing, trapping, washing, or
pruning out pests;
c. Relying on natural enenries to eat pests;
d. Proper use of pesticides as a last line of
defense.
C. BMPs Applicable to Individual Proiect
CateQories
1. Private Roads
The design of private roadway drainage shall use at
least one of the following (for further guidance, see
Start at the Source [1999]):
Page 4 of6
a. Rural swale system: Street sheet flows to
vegetated swale or gravel shoulder, curbs at
street corners, culverts under driveways and
street crossings;
b. Urban curb/swale system: street slopes to
curb, periodic swale inlets drain to vegetated
swalelbiofilter;
c. Dual drainage system: First flush captured in
street catch basins and discharged to adjacent
vegetated swale or gravel shoulder, high
flows connect directly to storm water
conveyance system.
d. Other methods that are comparable and
equally effective within the project, as
approved by the City.
2. Residential Drivewavs & Guest Parking
The design of driveways and private residential
parking areas shall use one at least of the following
features.
a. Design driveways with shared access, flared
(single lane at street) or wheelstrips (paving
only under tires); or, drain into landscaping
prior to discharging to the storm water
conveyance system.
b. Uncovered temporary or guest parking on
private residential lots may be: paved with a
permeable surface; or, designed to drain into
landscaping prior to discharging to the storm
water conveyance system.
c. Other features which are comparable and
equally effective, as approved by the City.
3. Dock Areas
Loading/unloading dock areas shall include the
following:
a. Cover loading dock areas, or design drainage
to preclude urban run-on and runoff.
b. Direct connections to storm drains ITom
depressed loading docks (truck wells) are
prohibited.
c. Other features which are comparable and
equal effective, as approved by the City.
4. Maintenance Bavs
Maintenance bays shall include the following:
a. Repair/Maintenance bays shall be indoors; or
Fonn 5501
designed to preclude urban run-on and run-
off; and
b. Design a repair/maintenance bay drainage
system to capture all wash water, leaks, and
spills. Connect drains to a sump for
collection and disposal. Direct connection of
the repair/maintenance bays to the storm drain
system is prohibited. I required by-the City,
obtain an Industrial Waste Discharge Pennit
OR
c. Other features which are comparable and
equally effective, as approved by the City.
5. Vehicle Wash Areas
Projects that include areas for washing/steam
cleaning of vehicles shall use the following:
a. Self-contained; or covered with a roof or
overhang;
b. Equipped with a clarifier or other
pretreatment facility;
c. Properly connected to a sanitary sewer, as
approved by the City;
d. Other features which are comparable and
equally effective, as approved by the City.
6. Outdoor Processing Areas
Outdoor process equipment operations, such as rock
grinding or crushing, painting or coating, grinding or
sanding, degreasing or parts cleaning, landfills, waste
piles, and wastewater and solid waste treatment and
disposal, and other operations detennined to be a
potential threat to water quality by the City of Chula
Vista shall adhere to the following requirements.
a. Cover or enclose areas that would be the most
significant source of pollutants; or, slope the
area toward a dead-end sump; or, discharge to
the sanitary sewer system following
appropriate treatment in accordance with
conditions established by the applicable sewer
agency.
b. Grade or berm area to prevent run-on ITom
surrounding areas.
c. Installation of storm drains in areas of
equipment repair is prohibited.
d. Other features which are comparable or
equally effective, as approved by the City.
Page5of6
--"-'--'1'-__'__'
7. Equipment Wash Areas
Outdoor equipment/accessory washing and steam
cleaning activities at projects shall use the following:
a. Be self-contained; or covered with a roof or
overhang;
b. Be equipped with a clarifier, grease trap or
other pretreatment facility, as appropriate;
c. Be properly connected to a sanitary sewer
after obtaining a permit ti-om the City of San
Diego Metropolitan Wastewater Department.
d. Other features which are comparable or
equally effective, as approved by the City.
8. Parkine Areas
To minimize the offsite transport of.pollutants ti-om
parking areas, the following design concepts shall be
considered, and incorporated and implemented where
determined applicable and feasible by the City of
Chula Vista:
a. Where landscaping is proposed in parking
areas, incorporate landscape areas into the
drainage design.
b. Overflow parking (parking stalls provided in
excess of the City ofChula Vista's minimum
parking requirements) may be constructed
with permeable paving.
c. Other design concepts that are comparable'
and equally effective, as approved by the
City.
9. Fueline Area
Fuel dispensing areas shall contain the follow ing:
a. Overhanging roof structure or canopy. The
cover's minimum dimensions must be equal
to or greater than the area within the grade
break. The cover must not drain onto the fuel
dispensing area and the downspouts must be
routed to prevent drainage across the fueling
area. The fueling area shall drain to the
project's treatment control BMP(s) prior to
discharging to the storm water conveyance
system.
b. Paved with Portland cement concrete (or
equivalent smooth impervious surface). The
use of asphalt concrete shall be prohibited.
c. Have an appropriate slope to prevent ponding,
and must be separated ti-om the rest of the site
by a grade break that prevents run-on of urban
runoff.
d. At a minimum, the concrete fuel dispensing
Fonn 5501
area must extend 6.5 feet (2.0 meters) from
the corner of each fuel dispenser, or the length
at which the hose and nozzle assembly may
be operated plus I foot (0.3 meter), whichever
is less.
e. Other features which are comparable or
equally effective, as approved by the City.
10. Hillside Landscapine
a. Hillside areas disturbed by project
development shall be landscaped with deep-
rooted, drought tolerant plant species selected
for erosion control, satisfactory to the City of
Chula Vista.
b. Other features which are comparable or
equally effective, as approved by the City.
II. Desilm ofDrainaee Systems for
Industrial/Commercial facilities
As required by the City in its sole discretion,
Industrial/Commercial facilities with paved outdoor
areas shall avoid sheet flow of runoff to the street
gutter. Instead, all outdoor paved areas shall be
directed to one or more storm drain sump(s) catch
basin(s) before discharging to the public street gutter
and/or public storm drainage systems. The sump(s)
catch basin(s) shall be equipped with filters (inserts)
or other Best Management Practices, satisfactory to
the City of Chula Vista. Also, all private storm
water facilities proposed shall be maintained by the
property owner or approved private entity. The
ongoing storm drainage systems maintenance records
shall be kept on site indicating at the minimum, type
of system, operator name, maintenance date, and
maintenance activity type.
No maintenance agreement may be required.
Maintenance of the proposed storm water facilities
would be enforced by the City in accordance with the
applicable City of Chula Vista ordinances, policies
and regulations.
J:\Engineer\NPDES\NPDES Manual\Fonn S501J.doc
Page 6 of6
~I~ STORM WATER
-.- ENGINEERING
. - -- POLLUTION
~~::_-
0lY Of 276 Fourth Avenue, Cbula Vist~ CA 91910
(HUlA VISTA PREVENTION
619-691.5021 619-691-5171 FAX PLAN (SWPPP)
FORM 5503 GUIDELINES
Appendix A
The SWPPP shall be prepared in accordance with the requirements of the General Construction National
Pollutant Discharge Elimination System (NPDES) Permit. At a minimum, the Storm Water Pollution
Prevention Plan (SWPPP), must cover the areas and the checklist below. The SWPPP must be kept on site
and made available upon request of a representative of the City of Chula Vista. Projects that are also required
to obtain a General Construction National Pollutant Discharge Elimination System (NPDES) Permit are
encouraged to visit the State Water Resource Control Board's website for permit application instructions,
Notice of Intent (NO!) and Notice of Termination (NOT) forms and guidance in preparing a Storm Water
Pollution Prevention Plan (go to: www.swrcb.ca.gov/stormwtr/docs/constpermit).
STORM WATER POLLUTION PREVENTION PLAN (SWPPP) REVIEW CHECKLIST
The SWPPP shall address the required items marked in the left hand column of the table below:
Description Permit
Section
I Tbe landowner (discharger) or his representative must sign the SWPPP, and include the date of A.I,AI6
initial oreoaration and the date of each amendment C.9
2 Identify all pollutant sources including sources of sediment A.I.a,
A.5.b
3 Identify non-stonn water discharges A.l.b
4 Identify and provide a time schedule for construction, implementati on, and maintenance of Best A.l.c
Management Practices (BMPs)
5 Develop a maintenance schedule for Dost -construction HMPs installed during construction A1.d
6 Include project infonnation, including vicinity and site maps A.5..
7 Show drainage patterns and slones anticiDated after maior I!fadine: activities are comDleted A.5.b.m
8 Show all calculations for anticipated stonn water run -on, and describe all BMPs implemented to A5.b.(I)
divert off-site drainage described in Section A,5.a.2.(c)
9 Show drainage Datterns into each on -site stonn water inlet Doint or receivimz water A.5.b.m
10 Show or describe the BMPs that will protect operational stonn water inlets or receiving waters A.5.b.(2)
from contaminated discharges other than sediment discharges
11 Show existing site features that, as a result of known past usage, may contribute pollutants to A.5.b.(3)
storm water
12 Show or describe the HMPs implemented to minimize the exposure of storm water to A.5.b.(3)
contaminated soil or toxic materials
13 Show areas designated for the storage of soil or waste; vehicle storage and service areas; A.5.b.(4)
construction material loading, unloading, and access areas; and equipment storage, cleaning, and
maintenance areas
14 Describe the BMPs for con trol of discharges from waste handling and disDosal areas and methods A.5.b.(5)
Form 5503
Page 1 of3
of on-site storae:e and disposal of construction materials and construction waste
15 Describe the BMPs designed to minimize or eliminate the exposure of stonn water to constru ction A.5.b.(5)
materials, eQuioment, vehicles, waste storage areas, or service areas
16 Describe all post-construction BMPs for the project, and show the location of each BMP on the A.5.b.(6)
map
17 Describe the agency or parties to be the responsible party for long-tenn maintenance ofthese A.5.b.(6)
BMPs
18 Include a narrative description of pollutant sources and BMPs that cannot be adequately A.5..c.(1)
commW1icated or identified on the site maD
19 Include a narrative description of pre -construction control practices (if any) to reduce sediment A.5.c.(1)
and other pollutants in stonn water discharges
20 Include an inventory of all materials used and activities performed during construction that have A.5.c.(2)
the potential to contribute to the discharge 0 f pollutants other than sediment in stonn water.
Describe the Blv1Ps selected and the basis for their selection to eliminate or reduce these
. Dollutants in the stonn water discharges
21 Include the following infonnation regarding the construction site surface area: the size (in acres A.5.c.(3)
or square feet), the runoff coefficient before and after construction, and the percentage that is
imDervious (e.g., Daved, roofed, etc.) before and after construction
22 Include a copv of the NO!, and tbe Waste Discharge Identification (WDID) number if available A.5.c.(4)
23 Include a construction activity schedule which describes all major activities such as mass grading, A.5.c.(5)
paving, lot or parcel improvements at the site and the proposed time trame to cond uct these
activities
24 List the name and telephone number of the qualified person(s) who have been assigned A.5.c.(6)
responsibility for pre-storm, post-storm, and storm event BMP inspections; and the qualified
person(s) assigned responsibility to ensur e full compliance with the Pennit and implementation of
all elements of the SWPPP, including the preparation of the annual compliance evaluation and the
elimination of all unauthorized discharges
25 Include a description of the erosion control practices, including a time schedule, to be A.6
implemented during construction to minimize erosion on disturbed areas of a construction site
26 Include an outline of the areas of vegetative soil cover or native vegetation onsite which will A.6.a.(1 )
remain undisturbed during the construction project .
27 Include an outline of all areas of soil disturbance including cut or fill areas which will be A.6.a.(2)
stabilized during the rainy season by temporary or permanent erosion control measures, such as
seeding, mulch, or blankets, etc.
28 Include an outline of the areas of soil disturbance, cut, or fill which will be left exposed during A.6.a.(3)
any part of the rainy season, representing areas of potential soil erosion where sediment control
BMPs are required to be used during construction
29 Include a proposed schedule for the imDlementation of erosion control measures A.6.a.(4)
30 Include a description of the BMPs and control practices to be used for both temporary and A.6.b
permanent erosion control measu res
31 Include a description of the BMPs to reduce wind erosion at all times, with particular attention A.6.c
paid to stock-piled materials
32 Include a description or illustration ofBMPs which will be implemented to prevent a net increase A.8
of sediment load in stonn water discharge relative to pre -construction levels
33 Include a proposed schedule for deployment of sediment control BMPs A.8
34 Describe a plan to establish perimeter controls prior to the onset of rain, if work on active are as A.8
precludes the use of sediment control BMPs temporarily, with prior authorization !Tom the San
Diego Regional Water Quality Control Board.
35 Include a description of the BMPs to reduce the tracking of sediment onto public or private roads A.8
at all times
36 Discuss road cleaning BMPs (washing of accumulated sediment or silt into the storm drain system A.8
is not Dennitted)
37 Describe all non-stonn water discharges to receiving waters that are proposed for the construction A.9
project. Include the locations of such discharges and descriptions of all BMPs designed for the
control of Dollutants in such discharges
38 Include the name and contact number of the qualified person who is assigned the responsibility A.9
for ensuring that no materials oth er than storm water are discharged in quantities whiGh will have
Form 5503
Page 2 00
an adverse effect on receivin~ waters or storm drain systems (consistent with BA TIBCT)
39 Include descriptions of the BMPs to reduce pollutants in stonn water dischar~~s after all A.IO
construction obases have been completed at the site (post -construction BMPs
40 Address operation and maintenance of control practices after construction is completed, including A.IO
short- and 10no-tenn fundino sources and the responsible party
41 Include a discussion of the program to inspect and maintain all BMPs as identified in the site plan A.lI
or other narrative documents throut!bout the entire duration of the proiect
42 Include the name and telephone number of the qualified person assigned the responsibility to A.ll
conduct insDections and maintenance of all BMPs
43 Document all training of individuals responsible for SWPPP preparation, implementation, and A.12
DennitcomDliance
44 List names, telephone numbers, and addresses of all contra ctors, (or subcontractors) and A.13
individuals responsible for implementation of the SWPPP. Specific areas of responsibility of
each subcontractor and emeroencv contact numbers should also be included
l:\Enginel:f\NPDES\New Development\Fonn 5503.doc
Form 5503
Page 3 of3
~I~ CONSTRUCTION
-.- ENGINEERING STORM WATER
--- .---
~----~
(flY Of 276 Fourth Avenue, Chula Vista, CA 91910 MANAGEMENT
CHUIA VISfA
619-691-5021 619.691.5171 FAX PLAN GUIDELINES
FORM 5504 Private DevelopmentIRedevelopment Projects
To Accompany All Private Pennit Applications Not
Private DevelovmentIRedevelonment Proiects Subject to the NPDES Construction Permit
In order to comply with the federal Clean Water Act,
the state Water Code and City of Chula Vista
Ordinances, the City of Chula Vista requires that
property owners complete a Construction Storm
Water Management Plan (CSWMP) prior to issuance
of any permit which is not subject to the NPDES
Construction Permit. Projects that are subj ect to the
NPDES Construction Permit will be required to file a
Notice of Intent (NOJ) with the State Water
Resources Control Board, and submit a Storm Water
Pollution Prevention Plan (SWPPP) to the San Diego
Regional Water Quality Control Board and the City
of Chula Vista.
The purpose of a Construction Storm Water
Management Plan (CSWMP) is to document Best
Management Practices (EMPs) that will be
implemented to prevent pollutants (including
sediment) from entering stann water conveyance
systems and receiving waters. The CSWMP
becomes a part of the Permit and is subject to
enforcement by the City of Chula Vista enforcement
staff and others.
Storm Water Management Plans include the elements
described in the following sections:
Form 5504
Section 1: Required Information - This section is
used to provide the City with basic information
necessary to evaluate project activities. Each of the
items in this section must be completed.
Section 2: Best Manaeement Practices - Best
Management Practices (BMPs) must be selected and
implemented to prevent erosion and construction-
related materials, sediment, wastes and spills from
entering storm water conveyance systems and
receiving waters.
Note: It is the responsibility of the property owner and the
contractor to determine the types of BMPs that will be used,
as well as the levels of application necessary to comply with
the City's Storm Water and Grading Ordinances. Failure to
prevent soil erosion and discharges of sediment and other
pollutants from construction sites is subject to enforcement
by the City or others. At a minimum, the City requires that
the BMPs listed in Table A (attacbed) be installed and
maintained for all projects. Additional BMPs listed in Table
B (attached) may also be required in correlation to a
project's scope, potential for discharges and proximity to a
watercourse or other receiviol! waters.
Section 3: Certification - The property owner and
contractor must sign this section certifying that they
understand the City's minimum requirements for
storm water management of construction activities
and will implement, monitor and maintain the
selected BMPs to ensure their effectiveness.
A copy of the following guidance manuals can be found (upon
request) at the Engineering/Stonn Water Management Unit
Library of the City ofChula Vista. The entire manuals may also
be ordered directly from the following sources:
1. Caltrans Manuals: Caltrans Publications Unit, Phone (916)
445.3520
2. California Storm Water BMP Handbook for Construction
3. City ofChula Vista Storm Water Standards Manual
Page 1 of4
....-.'...-...
SECTION 1. Renuired Information
Pennit ADDlication Number: Proiect Name:
Name ofProiect Contact Person: Proiect address or location:
Title: I Phone #: I APN#:
Gradin. start date: I Gradine finish date; Proiect start date: I Proiect finish date:
Estimated amount of disturbed acreag;e:
1'1
SECTION 2:
Best Manaeement Practices The goal of stonn water
management planning is to reduce pollution to the maximum
extent practicable by implementing Best Management Practices
(BMPs). There are five categories ofBMPs: I) Erosion contol
practices, and; 2) Velocity reduction, and; 3) Sediment control
practices, and; 4) Offsite sediment tracking control, and. 5)
General site and materials management. BMPs from each of the
five categories must be used together as a system in order to
prevent erosion, sediment, wastes, spills, :and residues from
leaving the site. When properly implemented, monitored and
maintained, BMPs will function to prevent pollutants (including
sediment) from leaving the site. It is the responsibility of the
property owner and the contractor to detennine the types of
BMPs that will be used, as well as the levels of application
necessary to comply with the City's Stann Water and Grading
Ordinances.
Best Manal!ement Practices Tables Tables A and B
(attached) must be used to indicate those BMPs that will be used
to prevent stonn water pollution. At a minimum, the City
Form 5504
requires that the BMPs listed in Table A be installed on all
grading and building projects. However, some BMPs may not
be applicable to every project. For example, if stann drain
inlets are not present, then Stann Drain Inlet Protection (BMP
SCIO) would not be applicable. .
Gradinl! PlanlImDrovement Plan Best Manaeement Practice
Checklist The following infonnation shan be shown on the
plans:
I. The project boundaries.
2. The footprint of any existing structures and facilities.
3. The footprint of all structures and facilities to be
constructed.
4. The limits of grading
5. The existing and proposed grades of the site, along
with any intermediate grades that will signifcantly
affect the site drainage patterns.
6. The location(s) where runoff from the site may enter
storm drain(s), channel(s), andlor receiving waters.
7. The permanent BMPs.
Page 2 of 4
TABLE A
REQUIRED MINIMUM CONSTRUCTION BMPs
CALTRANS Each selected BMP
Storm Check must be shown on
Minimum Required Best Management Practices (BMPs) Water BMP Grading Plan. If BMP
Handbook Selected is not selected, explain
Detail whv.
SteD 1 - Select Erosion Control Metbod for Graded Slopes choose at least one)
Vegetation Stabilization Plantinp' (see note 1) SS-2. SS-4
Hvdraulic Stabilization HvdroseedinQ: (see note 1) SS-3, SS-4
Bonded Fiber Matrix (see note 2) SS-4
Physical Stabilization Erosion Control Blanket (see note 2) SS-7
SteD2~ SeleCtEroSion Control metbodforlITaded Flat Areas (sloDe < 5% choose at least one)
Will use above Slone Control measures on flat areas also SS-2,3,4,7
Mulch, straw, wood cbiDS, soil application SS-6. SS-8
Oe-siltine: Basin (must treat all site runoff) SC-2
Step 3 ~ If runoff is concentrated, veloc1hi must be controlled usin!! enerav dissipater
Enenzv Dissioater Outlet Protection (see note 3) I SS-1O I I
Step4 ~ Select Sediment CODuolmetbod for all disturbed areas (choose at least one)
Silt Fence SC-l
Straw Wattles SC-5
Gravel Bags SC-6, SC-8
Storm Drain Inlet Protection SC-lO
De-silting Basin (sized for 100vear flow) SC.2
Step 5 - Select method for nreventino offsite trackine: of sediment (choose at least one
Stabilized Construction Entrance TC-I
Construction Road Stabilization TC-2
Entrance/Exit Tire Wash TC-3
EntrancelExit Insuection & Cleanine: Facilitv -
Step 6 - Select the General Site Mananement BMPs for each waste that will be on site
Materials Management, Materials Deliverv and Storae:e WM-l
Concrete Waste Manae:ement WM-8
Solid Waste Manae:ement WM-5
Sanitary Waste Manallement WM-9
Hazardous Waste ManalZement WM-6
Step 7 - General Site Manaeement
Emulovee and Subcontractor Trainine: -
Notes;
1. When Planting or Hydroseeding are selected for erosion control, the vegetative cover must be planted by August 1 ~ and
established by October 1st. If in the opinion of the City Official the vegetative cover is not established by October t\
additional hydraulic or physical erosion <<mtrol BMPs wiU be required.
2. These BMPs are temporary measures only when used without planting or hydroseeding. All slopes must have establisbed
vegetative cover prior to final grading approval.
3. Regional Standard Drawing D40 - Rip Rap energy Dissipater is also acceptable for velocity reduction.
4. Not all projects will have every waste identified. The applicant is responsible for identifying wastes that wiB be mite and
applying the appropriate BMP. For example, if concrete will be used, BMP WM8 should be selected.
Alternative storm water protection measures may also be presented for City consideration in any category.
Form 5504
Page3 of 4
--'--"---'
TABLE B
RECOMMENDED BMPs FOR USE IN CONJUCTION WITH MINIMUM BMPs
CAL TRANS
Recommended Best Management Practices (BMPs) Storm Water
Handbook
Detail
SteD 1 Site Develoument Considerations
Schedulin. 55-1
Preservarion of Existing Vee-etation SS-2
Veeetation Stabilization, Vegetation Buffer Strius SS-2
Physical Stabilization, Dust Control WE-I
Soil Stabilizers SS-5
Other (submit description for approval)
SteD 2- Diversion of Runoff .
Earthen Dikes SS-9
Ditches and Berms SS-9
Slope Drains SS-II
Temoorarv Drains & Swales SS-9
Step 3 - Velocity Reduction
Check Dams I SS-4
SloDe Terracing I -
Step 4 - Sediment Control
Brush or Rock Filter -
Sediment Trap SC-3
Sediment Basin SC-2
Step 5 - General Site Man...ement
EmDlovee and Subcontractor Traioioe: -
Materials Management, Spill Prevention and Control WM-4
Waste Manae:ement, Contaminated Soil Management WM-7
Vehicle and Equipment Management: Vehicle and EQuipment Cleanin.tr NS-8
Vehicle and Eauioment Fueling NS-9
Vehicle and EQuipment Maintenance NS-IO
Construction Practices: Water Conservation NS-I
Structure Construction and Painting -
Paving Doerations NS-3
DewaterinQ" Onerations NS-2
Alternative storm water protection measures ma}' also be presented for City consideration in any category.
Section 3
The following certificaJion must be signed before a Permit will be issued.
I have read and understand that the City of ChuJa Vista has adopted minimum requirements for storm water
management of construction activities. I certify that the BMPs I have selected in Tables A and B will b
implemented to effectively minimize the potentially negative impacts of this project'sconstruction activities on
stonn water quality. I further agree to install, monitor, maintain or revise the selected BMPs to ensure their
effectiveness.
I also understand that non-compliance with the City's Storm Water and Grading Ordinances may result in
enforcement by the City including fines, citations, stopwork orders, cease and desist orders and other actions.
Company's Name:
Contractor's Name and Signature:
Property owner's Name & Signature:
Date
Date
J:\Engineer\NPDES\NPDES ManuaI\Fonn 5504 Private l.doc
FOrnI 5504
Page 4 of 4
~I~ CONSTRUCTION
-.- ENGINEERING
.- -- STORM WATER
~---=~
CI1Y OF 276 Fourth Avenue, Chula Vista, CA 91910
(HUlA VISTA MANAGEMENT
619-691-5021 619-691-5171 FAX -
PLAN GUIDELINES
FORM 5504 To Accompany All Public projects Not
Public Projects Subject to the NPDES Construction Permit
1n order to comply with the federal Clean Water comply with the City's Storm Water and
Act, the state Water Code and City of Chula Vista Grading Ordinances. Failure to prevent soil
Ordinances, the City of Chula Vista requires erosion and discharges of sediment and other
contractors to complete a Construction Storm Water pollutants from construction sites is subject to
Management Plan (CSWMP) for a Public Project enforcement by the City or others. At a
that is not subject to the NPDES Construction minimum, the City requires that the BMPs listed
Permit, prior to issuance of "Notice to Proceed" in Table A (attached) be installed and
with the construction. maintained for all projects. Additional BMPs
The purpose of a Storm Water Management Plan is listed in Table B (attached) may also be required
in correlation to a project's scope, potential for
to document Best Management Practices (BMPs) discharges and proximity to a watercourse or
that will be implemented to prevent pollutants other receivin!! waters.
inclu .
( dmg sedIment) from entenng storm water
conveyance systems and receiving waters. The
Construction Storm Water Management Plan
becomes a part of the contract and is subject to
enforcement by the City of Chula Vista
enforcement staff and others.
Construction Storm Water Management Plan
includes the elements described in the following
sections:
Section 1: Required Information - This section is
used to provide the City with basic information
necessary to evaluate project activities. Each of the
items in this section must be completed.
Section 2: Best Mana!!ement Practices - Best
Management Practices (BMPs) must be selected
and implemented to prevent erosion and
construction-related materials, sediment, wastes and
spills from entering storm wate r conveyance
systems and receiving waters.
Note: It is the responsibility of the contractor to
determine the types of BMPs that will be used, as
well as the levels of a lication necessa to
Form 5504
Section 3: Certification - The contractor must
sign this section certitying that they understand the
City's minimum requirements for storm water
management of construction activities and will
implement, monitor and maintain the selected
BMPs to ensure their effectiveness.
A copy of the following guidan ce manuals can be
found, upon request, at the City of Chula Vista
Engineering/Storm Water Management Unit
Library. The entire manuals may also be ordered
directly from the following sources:
1. Caltrans Manuals: Caltrans Publications Unit,
Phone (916) 445-3520
2. California Storm Water BMP Handbook for
Construction
3. City of Chula Vista Storm Water Standards
Manual
Page 1 of4
SECTION 1. Required Infonnation
Permit Apolication Number, if anv: Proiect Name:
Name ofPTOiect Contact Person: Proiect address or location:
Title: I Phone #: I APN#:
Gradinll start date: I Gradini! finish date: Pro; ect start date: I Pro; ect finish date:
Estimated amount of disturbed acreage:
I I
SECTION 2:
Best Manal!ement Practices The goal of stonn
water management planning is to reduce pollution
to the maximum extent practicable by implementing
Best Management Practices (BMPs). There are five
categories of BMPs: 1) Erosion control practices,
and; 2) Velocity reduction, and; 3) Sediment control
practices, and; 4) Offsite sediment tracking control,
and, 5) General site and materials management.
BMPs trom each of the five categories must be used
together as a system in order to "prevent erosion,
sediment, wastes, spills, and residues trom leaving
the site. When properly implemented, monitored
and maintained, BMPs will function to prevent
pollutants (including sediment) from leaving the
site. It is the responsibility of the contractor to
Fonn 5504
determine the types of BMPs that will be- used, as
well as the levels of application ne cessary to
comply with the City's Stonn Water and Grading
Ordinances.
Best Manal!ement Practices Tables Tables A and
B (attached) must be used to indicate those BMPs
that will be used to prevent stonn water pollution.
At a minimum, the City requires tha t the BMPs
listed in Table A be installed on all grading
construction projects. However, some BMPs may
not be applicable to every project. For example, if
stonn stonn drain inlets are not present, then Stonn
Drain Inlet Protection (BMP SC 1 0) would not be
applicable.
Page 2 0[4
CALTRANS
Storm Check If BMP is not selected,
Minimum Required Best Management Practices (BMPs) Water BMP
Handbook Selected explain why.
Detail
Sten-l , Select Erosion Control Method for Graded SI.;;.s choose at least on~ ~
VeQ:etation Stabilization Plantin~ (see note 1) SS-2, SS-4
~drau1ic Stabilization ~droseedinp' (see note]) SS-3, SS-4
Bonded Fiber Matrix (see note 2) SS-4
PhVsical Stabilization Erosion Control Blanket (see note 2) SS-7
Sten- 2 - Select Erosion Controlilletllod for ~raded Flat Areas IsloDe < 5% cboose' af]east'o'ne)'j(,<> ;:Y:';';>:'::' .:,': ,,',
Will use above Slone Control measures on flat areas also SS-2,3,4,7
Mulch. straw, wood ch~. soil annIication SS-6, SS-8
De-siltin;-Basin(musttreat all site runofft SC-2
SteD 3 - If runoff is concentrated,vel()CItV must be controlled \lslna ener!lV dissipateI'> , . .,.
Enem DissiDater Outlet Protection (see note 3) I SS-IO I I
Sten4 Select Sediment Control method for all disturbed areas (choose at Ie ast one) .'. .
Silt Fence SC-l
Straw Wattles SC-5
Gravel Ba;s SC-6, SC-8
Storm Drain Inlet Protection SC-IO
De-silti~Basin(sized for I (}.vear flow) SC-2
Steo 5 - Select method for nreventinp offsite tracking of sediment fchoose.at least one .....
Stabilized Construction Entrance TC-l
Construction Road Stabilization TC-2
Entrance/Exit Tire Wash TC-3
Entrance/Exit Insnection & Cleaning: Facilitv -
Sten 6 - Selectthe General Site M;maaement BMPs for each waste that will be on site
Materials Manag:ement, Materials Delivetv and StoraQ"e WM-l
Concrete Waste Mana;ement WM-8
Solid Waste Man;;ement WM-5
Sanitatv Waste Management WM-9
Hazardous Waste Mana;ement WM-6
Sten 7 - General Site Mana;ement
E~ and Subcontractor TraiIine -
TABLE A
REQUIRED MINIMUM CONSTRUCTION BMPs
Notes:
1. When Planting or Hydroseeding are selected for erosion control, the vegetative cover must be planted by August l~ and
established by October In. If in the opinion of the City OfficiaJ the vegetative cover is not established by Oct.er 1st,
additional hydraulic or physical erosion control BMPs wiB be required.
2. These BMPs are temporary measures only when used without planting or hydroseeding. AU slopes must have established
vegetative cover prior to final grading approvaL
3. Regional Standard Drawing 040 - Rip Rap energy Dissipater is also acceptable for velocity reduction.
4. Not all projects will have every waste identified. The applicant is responsible for identifying wastes that will be omite
and applying the appropriate BMP. For example, if concrete will be used, BMP WM8 should be selected.
Note: Alternative storm water protection measures may also be presented for City consideration in any category.
Fonn 5504
Page 3 of4
TABLE B
RECOMMENDED BMPs FOR USE IN CONJUCTION WITH MINIMUM BMPs
CALTRANS Storm Water
Recommended Best Management Practices (BMPs) Handbook Detail - Cbeck
BMP Selected
Step 1 Site Development Considerations. . .......... "';" .. y'< ..>
Schedulim.! SS-l
Preservation of Existin.e: Vegetation SS-2
Vegetation Stabihzation, Vegetation Buffer Strios SS-2
Physical Stabilization, Dust Control WE-I
Soil Stabilizers SS-5
Other (submit description for aDDTOval)
Step 2 - Diversion of Rnnolf {;"...........3..>).. . ......"';.. :>...,,>..,;"
Earthen Dikes SS-9
Ditches and Berms SS-9
Slope Drains SS-II
TemDorarv Drains & Swales SS-9
Step 3 VelocitvReductioD ; . .... ... '. ..>....
Check Dams I SS-4
Slone Terracing I -
Step 4 - Sediment Control . .' ;" :' .'. C.. . . ....
Brush or Rock Filter -
Sediment Trap SC-3
Sediment Basin SC-2
Step 5 - General Site Manaoement .... . '. ... .... ..... ... ..{
EmDlovee and Subcontractor Training: -
Materials Management, Spill Prevention an! Contro] WM-4
Waste Management, Contaminated Soil ManalZement WM-7
Vehicle and Equipment Mana~ement: Vehicle and EQuipment Cleaning NS-8
Vehicle and Eauiument Fueling NS-9
Vehicle and EQuipment Maintenance NS-IO
Construction Practices: Water Conservation NS-l
Structure Construction and Painting -
Pavine Operations NS-3
Dewatering: 0oerations NS-2
Alternative storm water protection measures may aJso be presented for City consideration in any category.
Section 3
The following certifica/ion must be signed before a "Notice to Proceed with Construction" will be issued.
I have read and understand that the City of Chula Vista has adopted minimum requirements for stonn water
management of construction activities. I certify that the BMPs I have selectd. in Tables A and B will be
implemented to effectively minimize the potentially negative impacts of this project's construction activities 011
stonn water quality. I further agree to install, monitor, maintain or revise the seJected BMPs to ensure their
effectiveness.
I also underntand that non-compliance with the City's Storm Water and Grading Ordinances may result ID
enforcement by the City including fines, citations. stop-work orders, cease and desist orders and other actions.
Company's Name:
Contractor's Name and Signature:
Date
J:\Enginca\NPDES\NPDES ManuaI\Form 5504 Public I.doc
Form 5504
Page 4 of 4
---..."._...-.....-.,-_._.~---.
~(~
-,- ENGINEERING
"--- --- CONSTRUCTION
~::- -~
C/1Y OF 276 Fourth Avenue, Chula Vista, CA 91910
(HUlA VISTA SITE
619-691-5021 619-691-5171 FAX PRIORITIZATION
FORM 5505
Appendix A
Determine Construction Site Priority
In accordance with the Municipal Permit, each cons truction site with construction storm water BMP
requirements must be designated with a priority: high, medium or low. This prioritization must be completed
with this form, noted on the plans, and included in the SWPPP or CSWMP. Indicate the project's prior ity, by
marking the appropriate priority, using the criteria below, and existing and surrounding conditions of the
project, the type of activities necessary to complete the construction and any other extenuating circumstances
that may pose a threat to wate r quality. The City reserves the right to adjust the priority of the projects both
before and during construction. [Note: The construction priority does NOT change construction BMP
requirements that apply to projects; all construction BMP requirements must be identified on a case-by-case
basis. The construction priority does affect the frequency of inspections that will be conducted by City staff. See
Appendix C for more details on construction BMP requirements.]
A Hi h Priori
L Pro' ects where the si te is 50 acres or more and adin will occur durin the wet season
2. Pro' ects 5 acres or more and tribu to an im aired water bod for sediment
3. Projects 5 acres or more within or directly adjacent to or discharging directly to a coastal lagoon or other
receivin water within an environmentalI sensitive area
4. Pro' ects, active or inactive, adjacent or tributary to sensitive water bodies
B Medium Priori
I. Capital Improvement Projects less than 5 acres (i.e., water and sewer replacement pr ojects, intersection and
street re-ali ents, wideoin , etc.
2. Permit projects less than 5 acres in the public right -of -way where grading occurs, for activities such as
installation of sidewalk, substantial retainin walls, curb and Iter for an entir e street fronta e, etc.
3. Permit projects less than 5 acres on private property where grading permits are required (i.e., cuts over 5
feet, fills over 3 feet .
4. Projects that don't correspond to the high priority or low priority project's criteria wi 11 be considered
medium riori ro' ects.
C) Low Priority
L Capital Projects where minimal or no grading occurs, such as signal light and loop installations, street light
installations, etc.
2. Permit projects in the public right-of-way where minimal or no grading occurs, such as pedestrian ramps,
drivewav additions, small retainin" walls, etc.
3. Permit projects on private property where grading permits are not required, such as small retaining walls,
sincle-familv homes, small tenant imnrovements , etc.
J:\EngineerINPDESINPDES ManuallForm 5505 I.doc
Form 5505
Page 1 of 1
619-691-5021
619-691-5171 FAX
CONSTRUCTION
STORM WATER
BMP
REQUIREMENTS
ENGINEERING
0lY OF
(HULA VlsrA
276 Fourth Avenue, Chula Vista, CA 91910
FORM 5502
Appendix A
Construction Storm Water BMP Requirements:
If the answer to the question in Section I is "Yes", the project is subject to Appendix C "Construction Storm
Water BMP Performance Standards," and must prepare a Storm Water Pollution Prevention Plan (SWPPP) in
accordance with guidelines presented in Form 5503 "Storm Water Pollution Preve ntion Plan Guidelines". If
the answer to the question in Section I is "No", but the answer to any ofthe questions in Section 2 is "Yes," the
project is subject to AppendiX C, "Construction Storm Water BMP Performance Standards," and must prepare a
Construction Storm Water Management Plan (CSWMP) in accordance with the guidelines presented in Form
5504 "Construction Storm Water Management Plan Guidelines", If every question in this Form 5502 is
answered ''No,'' the project is exempt from any construction storm water BMP requirements.
Ifanyofthe answers to the questions in Section I or Section 2 oftrus Form 5502 is "Yes," please complete
Form 5505 "Construction Site Prioritization".
Determine Construction Phase Storm Water Requirements:
Section 1
Would the ro'ect meet the followin criterion durin construction? Yes No
I. Is the project subject to California's state wide General NPDES Permit for Storm Water
Discharges Associated with Construction Activities? (Projects over 5 Acres, to be reduced t 0 I
Acre On March 10, 2003
Section 2
Would the project meet any of these criteria during construction? Yes 0
L Does the project propose grading or soil disturbance?
2. Would storm water or urban nmoffhave the potential to contact any port ion of the construction
area, including washing and staging areas?
3. Would the project use any construction materials that could negatively affect water quality if
discharl!ed from the site (such as, paints, solvents, concrete, and stucco)?
N
J:\Engineer\NPDES\NPDES Manua1\Fonn 55021.doc
Form 5502
Page 1 of 1
-_._~-_..-_.- ._- -~.~-""-1"---_.-
,...__"_M"__
=-;-I--f
RESOLUTION NO. PCC 02-15
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION DENYING CONDITIONAL USE PERMIT PCC-
02-15, FOR A DWELLING GROUP AT 108 CORTE MARIA
AVENUE IN THE SINGLE-FAMILY RESIDENTIAL (R-I)
ZONING DISTRICT.
WHEREAS, a duly verified application for a conditional use permit was filed with the
City of Chula Vista Planning Division on October 3,2001, by Rivera Guadelupe "Applicant";
and
WHEREAS, said applicant requested a dwelling group as defined in Section 19.04.076 of
the CVMC to include an existing single-family unit and a proposed 2,110 square foot second
single-family dwelling ("Project"); and
WHEREAS, the Environmental Review Coordinator, in compliance with the California
Environmental Quality Act (CEQA) has concluded that this project is a Class 3(a) categorical
exemption from environmental review CEQA Section 15303 (a) (New construction and location
of limited numbers of new, small facilities or structures); and
WHEREAS, the Planning Director set the time and place for a hearing on said
conditional use permit and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to
the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely July 10,
2002, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission;
and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the conditional use permit application, the Planning Commission
voted 5-0 to continue the conditional use permit to allow the Applicant time to redesign the
Project for reconsideration by the Planning Commission at a later date; and
WHEREAS, the Applicant modified the Project by reducing the size of the proposed
dwelling from 2,110 to 1,535 square feet; and
WHEREAS, the Planning Director set the time and place for a continued hearing on said
conditional use permit and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to
the hearing; and
WHEREAS, the second hearing was held at the time and place as advertised, namely
February 12, 2003, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning
Commission; and .-
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the conditional use permit application, the Planning Commission
voted 4-0 to deny the conditional use permit; and
WHEREAS, the Planning Commission of the City of Chula Vista does hereby make the
following findings required by the City's rules and regulations for the denial of Conditional Use
Permit application PCC-02-l5, as herein below set forth, and sets forth, there under, the
evidentiary basis that permits the stated findings to be made.
I. That the proposed use at this location is not necessary or desirable to provide a
service or facility, and will not contribute to the general well being of the
neighborhood or the community.
The lot on which the dwelling group is proposed is currently developed with an existing
single-family dwelling, which is located in the middle of the lot in the Single-Family
Residence (R-I) zoning district. The lot has sufficient size to theoretically accommodate
the existing and proposed dwellings; however the location of the existing house requires
that the proposed unit be placed in such close proximity that the proposed dwelling group
would not be compatible with the surrounding residential uses. The dwelling group
would appear to increase the intensity of uses on the lot; thus impacting the general well
being of the neighborhood.
2. That such use will under the circumstances of the particular case be detrimental to
the health, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
Based upon public testimony, it is apparent that the proposed would increase the intensity
of uses and create traffic safety issues, thereby impacting the neighborhood.
3. That the proposed use will comply with the regnlations and conditions specified in
the code for such use.
The dwelling group proposal complies with all codes and regulations for the Single-
Family Residence (R-I) zoning district.
4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
The dwelling group would not adversely affect the General Plan and Zoning Ordinance
land use designations because the property is zoned R-l, which allows dwelling groups
with a conditional use permit.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
deny Conditional Use Permit PCC-02-l5 in accordance with the findings contained in this
resolution.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 12th day of March, 2003, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Russ Hall, Chair
ATTEST:
Diana Vargas, Secretary
J:\Planning\Michael\Pcc Reports\Pcc.02~ 15
PLANNING COMMISSION AGENDA STATEMENT
Item: ..- 7
Meeting Date: 3/12/2003
ITEM TITLE:
Public Hearing: An appeal of the Design Review Committee's decision to
deny Design Review Application DRC-03-2l for a three-level parking
structure to accommodate the parking needs of the existing Corporate
Plaza office building. The site is located at 678 Third Avenue in the
Administrative Professional Office (C-O) zoning district. The applicant is
STBX Partners, LLC.
The Design Review Committee denied the parking structure project based upon their belief that
it would create a "big box" structure presence at the rear of the site closest to neighboring
residential uses. The adjacent neighbors expressed concerns that the structure would impose on
their privacy and security, and would become a visual impediment. The applicant has appealed
the decision.
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has prepared a Negative Declaration (IS-03-21)
for the Design Review application DRC-03-21. The Resource Conservation Commission
recommended adoption of the Negative Declaration on December 19,2002.
RECOMMENDATION: That the Planning Commission adopt the attached Negative
Declaration and Resolution DRC-03-21 granting the appeal and approving the proposed parking
structure, based on the findings and conditions contained therein.
DISCUSSION:
1. Site Characteristics
The project site consists of two parcels with a combined area of 1.68 acres. The site is located at
678 Third A venue and is currently developed with a 48,000 square foot three-story office
building with 166 ground level parking spaces (see Locator Map Attachment 1). The adjacent
uses surrounding the site include Henry's Market to the south, the Salvation Army Community
Center to the north and single-family dwellings to the west. Three 6-foot high masonry walls
covered with vines are erected along the north, south and west property lines. The parking lots
for Henry's Market and the Salvation Army are nearest to the proposed location of the parking
structure.
I
.. -,-,-...._.,....~-,._.,~~-----~-~
Page 2, Item:
Meeting Date: 3/12/03
2. Development Standards
Standards Minimum Proposed
Required
Front Yard Setback I 0 feet N/A
Ext. Side Yard Setback I 0 feet N/A
Int. Side Yard Setback None 3 inches
Rear Yard Setback: None I 0 feet
Height: 45 feet 23 feet
Parking: 160 spaces 239 spaces
3. Background
On February 3, 2002, the Design Review Committee (ORC) heard testimony and discussed the
parking structure proposal. A few neighbors whose homes are adjacent to the proposed location
of the structure stated their concerns regarding privacy, security and that the structure would be a
visual impediment. The DRC stated that the project plans lacked sufficient design infonnation to
render a decision. As a result, the DRC voted to continue the project to the next meeting to
allow time for the applicant, the neighbors and staff to hold a meeting to try to resolve the
neighbor's concerns and revise the project. Staff attended the meeting arranged by the applicant
on February 11th and observed the changes presented in an attempt to relieve the neighbor's
concerns.
At the February 17,2003, DRC meeting the applicant presented the changes to the project. The
changes included:
. A locked security fence that would prevent access to the rear of the parking structure;
. Dense landscaping consisting of evergreen trees to provide screening; and
. Relocation of the lights away from the residents.
The neighbors stated that the redesign was an improvement, but that their issues sti11 remain.
The DRC stated that the project is a "big box", which is not a compatible structure adjacent to
residential uses, and lacks an architectural design of the rear portion of the structure that would
break up that mass to reduce the visual impediment to the neighbors. Prior to rendering their
vote, the DRC offered the applicant the choice of continuing the project again for additional
design changes or accepting a denial. The applicant chose to accept the denial.
The applicant appealed the DRC's decision stating that the project is necessary to address the
parking needs for the current tenants, and that the structure has been designed and located on the
site based on the site's physical constraints. The applicant has also stated that the project
complies with the CVMC and that the neighbor's concerns have been adequately addressed by
modifying the project (See Attachment 2).
L
Page 3, Item:
Meeting Date: 3/12/03
4. General Plan. Zoning and Land Use
Site:
North:
South:
East:
West:
General Plan
Professional Office
Professional Office
General Commercial
Professional Office
Residential
Zoning
C-O
C-O
C-C
C-O
R-l
Current Land Use
3-story multi-tenant office building
Salvation Army Community Center
Henry's Market Place
Professional Offices
Single-family dwellings
5. Proposal
The project proposal is three-level parking structure that would add parking spaces on-site to
meet the increased parking demand for use by the tenants and patrons of the existing three-story
office building. The proposed location of the structure is at the rear of the office building
approximately 10 feet from the west property line. Dense landscaping is proposed at the rear of
the parking structure along the west property line to provide screening for the adjacent residents.
ANALYSIS:
The 1.68-acre site currently contains a 48,000 square foot three-story office building and 166 on-
site parking spaces. Section 19.62.050(6) of the Chula Vista Municipal Code (CVMe) requires
one parking space per 300 square feet of floor area. The proposed parking structure would
increase the number of on-site parking spaces from 166 to 239, a net increase of 73 spaces. The
structure's ground level parking would be 138 spaces; levels two and three would contain 51 and
50 spaces, respectively. Level three of the parking structure would be open with no roof or
cover, and would be lighted with pole lights. The light fixtures are placed toward the front of the
structure, and oriented away from the adjacent residences. The Negative Declaration prepared
for the project concluded that the parking structure would not create any negative impacts.
The parking structure will be placed 10 feet from the west property line, and would face the rear
yards of the residences. The typical rear yard setback for the residential dwellings in question is
20 feet from the property line. This setback along with the parking structure's 10-foot setback
will result in an approximate 30-foot separation between the two uses. Dense landscaping
including evergreen trees that grow rapidly is proposed within the 10-foot setback between
parking structure and residences to provide for privacy, security and a visual buffer.
The City is likely to more frequently face the issue of developments in non-residential zones that
abut residential zones within the city center. Often, these urban developments are consistent
with the General Plan and Redevelopment goals; however, this presents a dilemma when
determining whether proposed design and site planning measures will result in compatibility
between the adjacent uses. In this case, the applicant understands their neighbor's issues and has
responded by incorporating measures in the project's design to address the issues.
3
Page 4, Item:
Meeting Date: 3/12/03
Despite the measures taken, the neighbors have indicated that they do not want a parking
structure close to their homes. However, the applicant is limited in alternative on-site locations
for the structure because of existing development and CVMC development standards for the
zoning district in question.
CONCLUSION
The parking structure serves as an accessory use to the existing office building by providing
additional parking spaces to meet the need of the tenants and their customers. Staff recognizes
the neighbor's concerns, and believes that applicant has made a reasonable effort to address the
concerns. The project, as proposed, satisfies the requirements of the CVMC; therefore staff is
recommending approval of the proposed structure.
ATTACHMENTS
I. Locator Map
2. Appeal Form and Letter
3. Draft Resolution of Approval
4. Notice of Decision of Denial
5. Staff Report for February 3, 2003
6. February 3, 2003 DRC Minutes
7. Negative Declaration
J :\Planning\Michael\PCC ReportsDRC.03-21
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT _ PROJECT DESCRIPTION:
C) APPLICANT: S lax PARTNERS, LLC DESIGN REVIEW
PROJECT 678 THIRD AVENUE
ADDRESS: Request: Proposed construction of a two level parking
SCALE: FILE NUMBER: structure over the existing parking lot.
NORTH No Scale DRC-03-21
C:IDAIFILEllocatorsIDRC0321.cdr 10/17/02
0<J..H 13 II A-
APPEAL FORM
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A TT ACHMENT 2
city of Chula vista
Planning Department
Date ReceiV;d 2.tZS-/d3
Fee Paid ,2 fi (J
Receipt No: tt2.-00i""'\ '7/0
case No: 171<- ~03-.2)
Appeal from the decision of: ____zoning ____Planning ~Design Review
Administrator commission committee
Name of
Appellant:
9;rsx T^~W~I2.~
--R IS pl\r,::.f"l"iJF.';Q 'By M R, :t01~N MOOr
I\-Nn MR..;I"IM "P115./Z I
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Home Address N I A
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Business Address 303, H 5T1LIZ:Er
C /N L.A- "I 'Son:!- C j\. crt. g I ()
proj ect Address (g'1 ~ 'ThHZD A-v~ C bJ A- VnJ7I- CA 9'1 CJ YO
Project Description..J2.RC. 0"3" 2.1 ^,OD "1'M'l""lnl. 6~1D 'E-X'I~jtnl,1 OFFdZ-.
(Example: zone change, variance,design review, etc)
Please use the space below to provide a response to the decision you are
appealing. Attach additional sheets if necessary.
g F-E: 1+ rt7K.JHSO L-F:- TIF--tZ.-
~d"~~ .22/03
si ature of el, ant Date
-------------------------------------------- -------------------------------
Do not write In this Space
The above matter has been scheduled for public hearing before the:
__ Planning commission
city council
on
Planning commission Secretary
Co
city Clerk
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TIlE CITY OF CHULA VlSfA DISCLOSURE 51ATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign
CC' 'butions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and
ai, .Ier official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is the su1;!ject of the application or the
co,ntract, e.g., owner, applicant, contractor, subcontractor, material supplier.
'311r1 -P1l5.fZI
2.
If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning
more than 10% of the shares in the corporation or owning any partnership interest in the partnership.
3.
If any person" identified pursuant to (I) above is non-profit organization or a trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4.
Have you had more than $250 worth of business transacted with any membey<!f the City staff, Boards, Commissions,
Committees, and Council within the past twelve months? Yes_ NoX If yes, please indicate person(s):
5.
Please identity each and every person, including any agents, employees, consultants, or independent contractors who
you have assigned to represent you before the City in this matter.
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6.
Have you and/or your officers or agents. in the aggrega~ntributed more than $1,000 to a Councilmember in the
current or preceding ejection period? Yes_ No.JL: If yes, state which Councilmember(s):
" . . (NOTE: Attach additional pages as n
Date:
'i. :2 I ' 'D :-.
Signatu actor/applicant
I)OIV4LL:> .:T. ~5jC
Print or type name of contractor/applicant
7
. PersOll u dl:fimd as: "Arty il1di\>idual, .finn. co-parrm:rship, joul1 vauurc, association, social club, frau:mo.l organizacion, corporarion, est..alc, lTUS!, ~ct:iva, syndicate;
this Qnd any orha county. dry and cOW1D')', city mwricipality, disrricz. or other political subdivision, or an)' otho group or combinaJion aering as a unit"
STBX Partners
February 21,2003
City of Chula Vista PlalUling and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
Re: Parking Structure at Corporate Plaza Office Building 678 Third Avenue
Appeal to denial decision for DRC Application #03-21
Planning Commission Members:
STBX Partners, property owner, respectfully requests consideration of appeal to the decision of the Design
Review Committee to deny approval for this project (see attached notice of decision), The proposed project,
as designed, complies with all applicable building, zoning, and planning regulations, The requirement to
build this parking structure is being generated by the critical need for additional parking by the building's
two major tenants, the San Diego Union Tribune and the area office of Prudential Real Estate, Both of these
tenants have communicated that without this additional parking, this location will be unacceptable to them
operationally, and possibly result in the building's loss of these tenants. Physical constraints of the
prOperty, compliance with building and fire codes, along with access and circulation requirements have
dictated much bfthe proposed design. In addition, every effort to integrate landscaping, architectural
elements; and security features into the proposed design to mitigate concerns that have been expressed by
the surrounding property owners has been made.
We look forward to the opportunity to present fUliher explanation and demonstration of fact to support
approval of this project by the Planning Commission at the scheduled appeal hearing, Thank you in
advance for your consideration regarding this matter.
STBX Partners ~
~
. . . . . . . . . . . . . . . . . . . . . . . . . . .
r
303 H SlYeet # Suite300 # Chula Vista. CA 91910 # (619) 4221493 # Fax (619) 422-1798
RESOLUTION NO. DRC-03-21
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION TO ADOPT NEGATIVE DECLARATION (IS-03-21)
AND REVERSE THE DESIGN REVIEW COMMITTEE'S DECISION
AND APPROVE DESIGN REVIEW APPLICATION DRC-03-21 FOR A
THREE-LEVEL PARKING STRUCTURE IN THE
ADMINISTRATIVE AND PROFESSIONAL OFFICE (C-O) ZONE.
WHEREAS, on October 10,2002, STBX Partners, LLC "Applicant" duly filed
a verified Design Review application to construct a three-level parking structure for an
existing three-story office building on the same lot located at 678 Third Avenue in the
Administrative and Professional Office (C-O) Zone; and
WHEREAS, the Environmental Review Coordinator, in compliance with the
California Environmental Quality Act (CEQA), has prepared a Negative Declaration (1S-
03-21) and subsequently recommended for adoption by the Resource Conservation
Commission CRCC) on December 19, 2002; and
WHEREAS, the Planning Director set the time and place for a hearing on said
Design Review application and notice of said hearing, together with its purpose, was
given by its mailing to property owners and residents within 500 feet of the exterior
boundaries of the property at least 10 days prior to the hearing; and
WHEREAS, the Design Review Committee held a hearing on February 3, 2003,
and continued the application to the February 17,2003 hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
February 17, 2003, at 4:30 p.m. in Council Chambers, 276 Fourth Avenue, before the
Design Review Committee; and
WHEREAS, the Design Review Committee denied the application for the
parking structure in the Administrative and Professional Office (C-O) Zone; and
WHEREAS, on February 25, 2003, the Applicant filed appeal of the Design
Review Committee's decision to deny the Design Review application for a parking
structure; and
WHEREAS, the Planning Director set the time and place for a hearing on said
appeal of the Design Review application for a parking structure and notice of said
hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to property owners and residents within 500 feet of
the exterior boundaries of the property at least 10 days prior to the hearing; and
WHEREAS, the Planning Commission hearing held on March 12,2003; and
1
_...~-._------ ---------..
WHEREAS, after considering all reports, evidence, and testimony present at
said public hearing with respect to the Design Review application, the Planning
Commission voted to adopt the Negative Declaration and approve the Design
Review application; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby adopt the Negative Declaration and approve the Design Review application in
accordance with the findings ofthis Resolution.
I. That the proposed use at this location is necessary or desirable to provide a service
or facility which will contribute to the general well being of the neighborhood or
the community.
The parking structure is an accessory use for the existing three-story office building.
The parking structure will provide a net gain of 73 parking spaces resulting in a total of
239 spaces, and will meet the parking needs of the current tenants and customers of the
office buil ding.
2. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or working
in the vicinity or injurious to property or improvements in the vicinity.
The rear of the parking structure would face the rear yards of the residences. The
typical rear yard setback for the residential dwellings is 20 feet from the property line.
This setback along with the parking structure's 10-foot setback will result in an
approximate 30-foot separation between the two uses. Dense landscaping including
evergreen trees is proposed within the 10- foot setback between parking structure and
residences to provide for privacy, security and a visual buffer. The Negative
Declaration prepared for the project concluded that the parking structure would not
create any negative impacts.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The conditional approval of application DRC-03-2l requires compliance with all
conditions, codes and regulations for the Administrative and Professional Office (C-O)
zoning district, as applicable, prior to the final issuance of any building permits or use
of the parking structure as described.
4. That the granting of this Design Review request will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
The parking structure is consistent with the General Plan and Zoning Ordinance land
use designations. The property is zoned Administrative and Professional Office (C-O),
which allows parking structures with a design review approval. The project as
conditioned, is in compliance with the applicable codes and regulations. All conditions
shall be satisfied prior to final building inspection or use.
10
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WHEREAS, the Plmming Commission of the City of Chula Vista approves Design
Review application DRC-03-2l subject to the following conditions required Jo be satisfied by
the applicant and/or property owner(s):
Planning and Building Department:
1. The Applicant shall comply with all requirements of the Building Division including the
following codes for 200 I:
. California Building Code
. California Plumbing Code
. California Mechanical Code
. California Electrical Code
. Energy Code
· Hmldicapped Accessibility Requirements
2. The parking structure and landscaping shall be maintained according to the approved plans
unless the Director of Planning and Building approves modifications.
3. The City Landscape Plalmer shall install all landscaping and hardscape improvements in
accordance with the approved landscape plan and the comments subject to the approval.
Engineering Department:
4. The Applicant shall design the parking structure to drain away from neighboring properties
to the satisfaction of the City Engineer.
5, The Applicant shall submit a Geotechnical Investigation report, which shall include
foundation recommendations for the parking structure forreview and approval by the City
Engineer.
6. The Applicant shall implement Best Management Practices (BMP) to prevent pollution of
the storm drainage systems to the satisfaction of the City Engineer.
7. The Applicant shall incorporate Source Control and Structural Treatment BMPs in the
design and construction of the project as required by the Municipal Permit.
8. The existing and proposed drainage facilities and structural BMPs shall be shown on the
building plans.
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Fire Department:
9. The Applicant shall install a fire hydrant on-site at a location approved by the Fire
Department.
10, The Applicant shall install a Class III Standpipe system for the parking structure.
Police:
11. The Applicant shall implement anti-graffiti measures for the parking structure as prescribed
by the Police Department.
Special Operations:
12, The Applicant shall use the following recycling measures during the construction and after
the completion ofthe parking structure:
. Trash enclosures shall be enlarged to accept a yard waste bin and two 90 gallon yard
waste carts;
. Trash receptacles shall be within 25 feet of the street so that the trash company staff can
move the containers to the street for to allow for pick up by the trash truck;
· The containers shall not be in the trash enclosure if its height limits trash truck access
and circulation and requires the truck to backup;
. The property manager shall work with the City Recycling Ranger to develop and
implement office and yard waste recycling programs;
· Recycle any materials generated from the demolition and construction of the project.
STANDARD CONDITIONS
13. The site shall be developed and maintained in accordance with the final approved plans
which wi11 include revised site plans, architectural elevations, exterior materials and color
board, and landscape plans on file in the Planning Division, the conditions contained
herein, Title 19 and the Chula Vista General Plan.
14. The Design Review approval shall not waive compliance with all sections of Title 19 of the
Municipal Code, and all other applicable City Ordinances in effect at the time of building
permit issuance.
15. The conditions of approval for this Design Review approval shall be applied to the subject
property until such time approval is modified or revoked, and the existence of this approval
with conditions shall be recorded with the title of the property. Prior to the issuance of the
building pennits for the proposed unit, the Applicant/property owner shall provide the
Planning Division with a recorded copy of said document.
16. This Design Review approval shall be subject to any and all new, modified or deleted
conditions imposed after approval of this permit to advance a legitimate governmental
1='2-
interest related to health, safety or welfare which the City shall impose after advance
written notice to the Permittee and after the City has given to the Permittee the right to be
heard with regard thereto. However, the City, in exercising this reserved right/condition,
may not impose a substantial expense or deprive Permittee of a substantial revenue source
which the Permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
17. This Planning Commission approval shall become void and ineffective if not utilized
within one year from the effective date thereof, in accordance with Section 19.14.260 of
the Municipal Code. Failure to comply with any conditions of approval shall cause this
permit to be reviewed by the City for additional conditions or revocation.
18. Any deviation from the above noted conditions of approval shall require the approval of a
modified Design Review approval by the Director of Planning and Building.
19. The Applicant/owner shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its City Council members, officers, employees and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court
costs and attorney's fess (collectively, liabilities) incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's
approval or issuance of any other permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c) Applicant's
installation al1d operation of the facility permitted hereby, including, Witllout limitation,
any and all liabilities arising from the emission by the facility of electromagnetic fields or
other energy waves or emissions. Applicant/operator shall acknowledge their agreement to
this provision by executing a copy of this Conditional Use Permit where indicated below.
Applicant's/operator's compliance with this provision is an express condition of this
Conditional Use Permit and this provision shall be binding on any and all of
applicant's/operator's successors and assigns.
20. Execute this document by making a true copy of this letter of conditional approval and
signing both this original letter and the copy on the lines provided below, said execution
indicating that the property owner and applicant have each read, understood and agreed to
the conditions contained herein, and will implement same. Upon execution, the true copy
with original signatures shall be returned to the Planning Department. Failure to return the
signed true copy of this document shall indicate the propeliy owner/applicant's desire that
the project, and the corresponding application for building permits and/or a business
license, be held in abeyance without approval.
Signature of Property Owner
Date
Signature of Applicant
Date
/3
---;<._--------
INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and condition herein
stated; and that in the event that anyone or more terms, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution and the permit shall be deemed to be automatically revoked and of no further
force and effect ab initio.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING
COMMISSION does hereby approve Design Review application DRC-03-2l in
accordance with the findings and subject to the conditions contained in this resolution.
WHEREAS, the Planning Commission of the City ofChula Vista does hereby
APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 12th day of March, 2003, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Russ Hall, Chair
ATTEST:
Diana Vargas, Secretary
J:\PJanning\Michael\PCC Reports\ DRC-03-21Reso
IY
A TT ACHMENT 4
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Design Review Committee
CllY OF
CHULA VISTA
NOTICE OF DECISION
On DRC-03-21 (Corporate Plaza)
Notice is hereby given that the City of Chula Vista Design Review Committee has considered
and denied Application DRC"03-21, a Design Review Permit to allow for a three-level (ground
level with two levels above) parking structure within the rear portion of a site for an existing
multi-story commercial office building. The project site is located at 678 Third Avenue in the
Administrative and Professional Office (C-O) zoning district.
The Environmental Review Coordinator has reviewed the project proposal for compliance with
the California Environmental Quality Act and has prepared a Negative Declaration for the
project. The Resource Conservation Commission (RCC) recommended adoption of the Negative
Declaration on December 19, 2002.
The Design Review Committee denied said request based upon the following findings of facts
and evidence:
1. That the proposed development is consistent with the development regulations of the
Administrative and Professional Office (C-O) zoning district, the General Plan and the
California Environmental QualitY ACT (CEQA).
The proposed parking structure meets the technical standards of the Professional and
Administrative (C-O) zone in terms of setbacks and height. The parking structure will
provide a net gain of 73 parking spaces resulting in a total of 239 spaces, thereby exceeding
the minimum number of parking spaces required by the CVMC, which is 160 spaces.
2. The design features of the proposed renovations are consistent with, and are a cost
effective method of satisfying, the City of Chula Vista Design Manual and Landscape
Manual.
The design features are not consistent with, and are not a cost effective method of satisfying,
the City ofChula Vista Design Manual. The parking structure's dimensions (244' W x 87' L
x 23' H) would create a "big box" structure presence on the rear portion of the site closest to
neighboring residential uses. The proposed design does not allow for lowering the height or
breaking up the linear wall mass at the rear of the structure where it would be ten feet from
the property line and adjacent to existing single-family dwellings. As a result, the structure's
second and third levels create privacy, security and a visual impediments for the residents.
/,j
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PASSED AND APPROVED BY THE DESIGN REVIEW COMMITTEE OF THE CITY OF
CHULA VISTA, CALIFORNIA, the 3rd day of March 2003, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
John Schmitz, Zoning Administrator
Rosemarie Rice, Design Review Committee Secretary
J:\PLANN!NG\MICHAEL\DRC REPORTS\DRC-03-21 DECISION
I?>
2
'__'~__'_______'______'___"____'_"_"'______M__..____
A TT ACHMENT 5
DESIGN REVIEW COMMITTEE
Summarv Staff Report
MEETING DATE: Februarv 3. 2003
AGENDA NO. 4
CASE NO. DRC-03-21
PROJECT DESCRIPTION:
Design Review Permit to allow for a three-level
parking structure behind an existing three-story office
building.
NAME AND LOCATION:
Corporate Plaza Office Building Parking Structure
678 Third A venue
APPLICANT:
STBX Partners, LLC
303 H Street
Chula Vista, CA 91910
ARCHITECT/DESIGNER:
McCabe Harris Incorporated
1909 State Street
San Diego, CA 92101
ASSESSOR PARCEL NUMBERS:
APN: 566-010-62-00 and 566-010-63-00
GEl\'ERAL PLAN DESIGNATION:
Professional and Administrative
ZOl\'E:
Administrative and Professional Office (C-O)
STAFF CONTACT:
Michael W. Walker, Associate Planner
ENVIRONMENTAL STATUS:
Negative Declaration - Recommended for adoption
Resource Conservation Commission on December 19,
2002
RECOMMENDATION:
Adopted the Negative Declaration and approve the
project, subject to conditions shown in attached draft
Notice of Decision
/7
DRC-03-21
February 3, 2003
Page 2
BACKGROUND:
The site is 1.68 acres in size and currently contains an existing three-story 4~,000 square foot multi-
tenant office building. The proposed parking structure will serve the needs of the existing tenants
and their customers. The adjacent zoning designations and land uses are as follows:
North: C-O
South: C-C
East: C-O
West: R-1
Salvation Army Community Center
Henry's Market
Medical/Professional Offices
Single-Family Dwellings
ANALYSIS:
The site currently contains 166 open parking spaces that are used by the existing tenants and their
customers. The proposed parking structure would increase the number of on-site parking spaces
from 166 to 239, a net increase of 73 spaces. The parking structure will meet the current parking
demands for the tenants and customers of the office building. The structure's ground level parking
would be 138 spaces; levels two and three would contain 51 and 50 spaces, respectively. Level three
of the parking structure would be open with no roof or cover, and would be lighted with 12-foot high
pole lights. The light fixtures are placed at the west end ofthe structure, and oriented away from the
adjacent residences. The lighting must comply the CVMC regarding glare from the lighting onto the
adjacent residential properties as stated in the attached Negative Declaration.
The proposed parking structure would be set back 10 feet from the western property line wall, with
existing trees and new trees planted within this 10-foot setback area.
Development Standards:
Standards Minimum Proposed
Required
Front Yard Setback 10 feet N/A
Ex!. Side Yard Setback 1 0 feet N/A
lnt. Side Yard Setback None None
Rear Yard Setback: None 10 feet
Height: 45 feet 25 feet
Parking: 160 spaces 239 spaces
The following sections compare the project to development standards of the Chula Vista Municipal
Code (CVMC).
It'
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DRC-03-21
February 3, 2003
Page 3
Access/Circulation:
Access to the site will be from two driveways along Third Avenue. The cun:ent circulation is a "U"
shape pattern influenced by the existing office building. The proposed parking structure will not
alter this pattern because it will be located at the rear of the site.
Parking
There are 166 existing parking spaces on-site. Section 19.62.050.70f the CVMC requires one
parking space per 300 square feet of floor area. The existing office building requires a minimum
of 160 spaces. The project will increase the number of on-site parking spaces by 73 spaces for a
total of 239 spaces for tenants and customers.
Trash Disposal/Recvcling
A trash enclosure will be provided, which will include bins for trash and recycling. The enclosure
will be located in front of the parking structure under the ramp to the second and third levels.
The ,site is currently serviced by Pacific Waste Services and will continue its service.
Other Departments
Comments were received from other departments including Building, Fire, Public Works,
Engineering and Police. The departments' comments have been incorporated as conditions of
approval in the attached Notice of Decision. Additionally, the Resource Conservation
Commission (RCC) recommended adoption of a Negative Declaration on December 12, 2002.
PROJECT CONFORMANCE WITH DESIGN GUIDELINES
In addition to the regulations of the Zoning Ordinance, the project has been evaluated as follows
against the guidelines of the Chula Vista Design Manual (CVDM).
Compatibility
Page 1lI- 2 of the CVDM states that the arrangement of structures, parking and circulation areas, and
open spaces should recognize the particular characteristics of the site and should relate to the
surrounding built environment. The project site is completely paved and currently contains a three-
story office building. The parking structure will be located behind the existing office building and
will span the width of the site. The structure will serve the parking demands of the tenants and
customers of the office building.
The adjacent uses surrounding the site include Henry's Market to the south, the Salvation Army
Community Center to the north and single-family dwellings to the west. The site is surrounded by
existing 6-foot high masonry walls covered with vegetation along three property lines. The parking
lots for Henry's Market and the Salvation Army are nearest to the proposed location of the parking
19
DRC-03-21 February 3, 2003
Page 4
structure. As a result, there will no compatibility issue. The single-family dwellings currently
maintain an approximate 20-foot setback from the property line. This setback along with the parking
structure's I O-foot setback will result in a 30- foot separation between the tw~ uses. Additionally, the
existing and proposed landscaping will provide a buffer; thereby allowing compatibility between the
two uses.
Building Placement
Page 111-2 of the Chula Vista Design Manual (CVDM) states that the placement of structures should
consider the existing built context of the commercial area, the location of incompatible land uses,
and the location of major generators. The parking structure will be located approximately 30 feet
from the rear of the existing office building. This placement will not disrupt the existing vehicular
circulation and will facilitate vehicular access to the parking structure.
Although the structure will be closest to the single-family dwellings, trees will be planted between
the existing trees and will provide a buffer between the two uses. The Negative Declaration prepared
for the project concluded that the parking structure would not create any impacts that could not be
minimized.
Vehicular Access and Circulation:
Page 111-3 of the CVDM states that site access and internal circulation should promote safety,
efficiency and convenience. Avoid conflicts between vehicles and pedestrians, minimize dead-end
driveways, and provide adequate areas for maneuvering, stacking, truck staking and loading, and
accommodating emergency vehicles. The parking structure will be located at the rear of the office
building over existing parking areas. Access to the site will not change, and the current circulation
pattern will remain essentially the same.
Parking:
Page 111-5 of the CVDM states that parking should not be the dominant visual element, and that
parking areas should be divided into a series of connected smaller parking lots. The parking
structure will be a dominant element on the site, but the location behind the three-story office
building and new vegetation will help minimize the structure's large size.
Trash DisDosal/Recycling
Page 111-7 of the CVDM states that trash storage must be fully enclosed and incorporated within the
main structures or separate freestanding enclosures. A trash enclosure will be provided and will
include bins for trash and recycling. The enclosure will be located in front of the parking
structure under the ramp to the second and third levels.
cl.o
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DRC-03-21
February 3, 2003
Page 5
ARCHITECTURE
Scale:
Page III-8 of the CVDM states that the scale of new development is expected to be compatible with
that of its surroundings. The maximum height of the parking structure is 25 feet; the length is 246
feet. The site contains 6-foot tall masonry walls along the west, north and south property lines. The
structure will maintain a lO-foot setback from the west property line. Although the structure will
span the width of the lot, it will not appear to be out of scale because the structure is located behind
the large three-story building, which will break up the structure's size from a visual perspective.
Materials and Colors:
Page III-lO of the CVDM states that the development's materials and colors should be consistent
with the chosen architectural style and be compatible with the character of the surrounding
development. The parking structure will be constructed with concrete and will have a brick finish at
each end. The trash enclosure will be concealed with a brick wall. Staff recommends that the
parking structure's materials and colors match the existing office building.
Lil!hting:
Page III-12 of the CVDM states that lighting should be used to provide illumination for the security
and safety of on-site areas such as entries, parking, loading, shipping and receiving, pathways and
working areas and to prevent glare onto adj acent properties or streets. The parking structure will
have seven l2-foot tall light standards placed at the rear portion of the structure. The lighting
type will be non-spill to prevent off-site illumination, and will not impose on the adjacent
residences. The lighting must comply the CVMC regarding glare from the lighting onto the adjacent
single-family residence properties as state in the attached Negative Declaration. Additionally, staff
recommends that the lighting be located at the center.
LANDSCAPlNG
Page III-13 ofthe CVDM states that all areas not covered by structures, drives, parking or paving
should be appropriately and professionally landscaped, which should be used to define specific
areas by helping to focus on entrances to buildings and parking lots, define edges of various uses,
provide transition between neighboring properties (buffering) and provide screening for parking,
loading and equipment areas. The site currently contains Carrotwood trees along the property
lines, and a few palm trees immediately behind the existing office building. The project will
incorporate landscaping to include Alleppo pine trees interspersed among the Carrotwood trees to
provide a buffer for the existing residences. Creeping Fig trees will be planted at each end of the
parking structure and in front of the trash enclosure. The City's Landscape Planner has reviewed
the proposed landscape plan and considers the plan adequate.
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DRC-03-21
February 3, 2003
Page 6
CONCLUSION
The parking structure serves as an accessory use to the existing office .building by providing
additional parking spaces to meet the need of the tenants and their customers. Staff recommends that
the Design Review Committee adopt the Negative Declaration and approve the project.
ATTACHMENTS
1. Locator Map
2. Draft Notice of Decision
3. Negative Declaration
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ATTACHMENT 6
MINUTES OF A REGULAR MEETING OF THE
DESIGN REVIEW COMMITTEE
CHULA VISTA, CALIFORNIA
Monday, Februarv 17. 2003
4:30 p.m.
Council Chambers
Public Service Building
276 Fourth Avenue, Chula Vista
A. PRESENT:
Chair Peter Morlon, Vice Chair Alfredo Araiza, and
Members Jose Alberdi and Cheryl Mestler
ABSENT:
Patricia Aguilar (excused)
STAFF PRESENT:
John Schmitz, Principal Planner
Michael Walker, Associate Planner
Harold Phelps, Associate Planner
Ann Pease, Associate Planner
Garry Williams, Landscape Planner
Xavier Del Valle, Community Development Specialist
OTHERS PRESENT:
Tom McCabe
Jim Pieri
Regina McGill
Amy Briggs
Tom Piccard, ADL Planning
Doug Brooks, Oakwood Development
Mel Ingles
Hector Reyes, Fehlman & Labarre Architects
B. INTRODUCTORY REMARKS:
Read into the record by Chair Morlon
C. APPROVAL OF MINUTES:
December 19, 2002 and January 13, 2003
The minutes of December 19, 2002 were continued due to a lack of quorum from
that meeting.
MSC (Araiza/Meslter) (3-0-1-1) to approve the minutes of January 13, 2003. Motion
carried with Peter Morlon abstaining.
D. ORAL COMMUNICATIONS:
E. PUBLIC HEARING:
1. DRC-03-21
STBX Partners, LLC
Corporate Plaza Office Building Structure
678 Third Avenue, Chula Vista, CA
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Design Review Committee
Minutes
-2
February 17, 2003
Desiqn Review Permit to allow for a three-level parkinq
structure behind an existinq three-story office buildinq.
Continued from the February 3rd meeting.
Staff Presentation:
Mr. Michael Walker, Associate Planner reported that the Design Review Committee had
originally reviewed this project on February 3, 2003. At that meeting there were issues
raised by the committee that the building was too high and not enough detail was provided
with regards to the structure or landscaping being proposed. There was also concern from
the surrounding residents with regard to: facing a high wall (the rear of the structure),
privacy, security and lighting, vines on the existing masonry wall and debris from the
existing trees against the masonry wall.
The DRC voted to continue the item to the February 17'h meeting to allow time for the
neighbors and the applicant to resolve the issues, and for the applicant to provide color
renderings of the project.
Mr. Walker stated that at that meeting the neighbors restated their issues and the
applicant showed revised drawings and identified how the issues had been addressed.
Some of the neighbors were generally pleased with some of the changes but others still
remained concerned about the parking structure's rear wall facing their backyards.
STAFF RECOMMENDATION:
Staff believes that the issues have been adequately address and is recommending that
the Design Review Committee approve of the project as modified.
Applicant Presentation:
Mr. Tom McCabe, the architect, stated that since their last meeting they had reviewed the
project closer and had made several changes. The block wall has been changed to three
colors of block as opposed to the standard grey block to try and create a pattern. The
existing trees against the masonry fence would be removed and replanted with Aleppo
pines, a fast growing tree species that was drought resistant. This type of tree produced
small needles rather than leaves that would drop directly down to the ground.
In addition, Mr. McCabe stated that the proposed groundcover, pyracantha, along the
landscape buffer is a natural thorny bush that would deter transients from inhabiting the
space along the wall
To address the neighbors concerns in terms of the security the applicant was proposing to
install a fence all along the front of the project with rolled down gates that were only
accessible by using a card to activate the gate. This would keep anyone out of the parking
structure that didn't belong.
Mr. McCabe also noted that they had moved the lights from the wests ide of the parking
structure to the eastside and on two of the lights they had added another light to light the
ramp as you are going down. Mr. McCabe believed that all of these efforts would hopefully
resolve the issues in terms of visibility to the project and security.
J:IHOMEIPLANNINGIROSEMARIEIDRCIM I N 2-17-03
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Design Review Committee
Minutes
-3
February 17, 2003
Mr. Jim Piereri, owner of the property, stated that the Corporate Plaza building was the
first class A office building built in Chula Vista. When the building was built there was
approximately one employee for every 500 sq. ft. Tenants today have dropped that ratio
down to one employee to approximately 150 sq. ft. When you take that ratio into
consideration you need additional parking to the handle tenants. Mr. Pieri stated that
another problem with Third Avenue is that there isn't any off site parking. Corporate Plaza
has some very active tenants and in order to maintain the occupancy and the success of
the project they have to provide the garage.
Mr. Pieri explained that when they met with the neighbors and the issues that they brought
forward they tried to mitigate them as best as possible. It was apparent at the end of the
meeting that the residents did not want the garage. He wished that there was a way that
they could mitigate that, but they had to face the facts that the commercial area was
growing and their intent was to develop an urban core and they needed this garage to
fulfill those needs. He had instructed the architects to do whatever is possible to mitigate
the concerns and he felt that they had done this.
Chair Morlon commented that before they went into oral communications, he wanted to
make it clear that the Design Review Committee's jurisdiction was on design review only
and that they had no jurisdiction over usage or the ability of a developer to install a
building if it is approved by the City of Chula Vista's Planning Department. Whatever
actions were taken tonight would be based on the design of the building.
Residents' Comments:
Ms. Regina McGill stated that she still had concerns with the height of the building.
Ms. Amy Briggs stated that while she appreciated the applicant's attempts at trying to
mitigate the parking structure with the changes that they had proposed, it did not change
the fact the structure was not wanted by the residents in their neighborhood. They felt that
a 23-ft. building was too intrusive. Ms. Briggs believed if the height of the structure was
reduced and if the first level was underground it might be more acceptable.
COMMITTEE DISCUSSION:
Member Alberdi commented that he was not at the last meeting when this project was
originally presented. However, he also had some major concerns with parking structures
along residential neighborhoods. Member Alberdi believed that parking structures should
be in a more urban setting. He gave as an example the Horton Plaza parking structure
that was surrounded by retail, was covered, and had livable spaces surrounding it.
Member Alberdi believed that the parking structure in this case resembled a three-story
box abutting a residence with a 1 Q-ft setback. The landscape buffer was a good attempt
to screen the building but it did not solve the problem. In Member Alberdi's opinion, a
subterranean parking structure would be a better solution with a maximum of a two-story
structure. He would not be able to approve the three-story parking structure.
Member Mestler concurred with Member Alberdi, that a subterranean parking structure
would be a better design with maybe one story above. She also commented that she had
seen other structures that had a vine element on the very top floor like a planter that
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Design Review Committee
Minutes
-4
February 17, 2003
cascaded down, and added some color to the structure. With respect to the trees in the
landscape buffer she believed that they could have chosen a tree that is denser, but
agreed that the tree that was selected was drought resistant.
Vice Chair Araiza asked that the landscape architect give their opinion on the landscape
proposal and whether it would work within the project.
Mr. Garry Williams, Landscape Planner stated that the proposed landscape buffer from a
design standpoint was a design element that would mitigate the structure and the form by
helping to soften and screen the structure. The proposed planting material that has been
chosen is a fast growing evergreen tree. The spacing that is being proposed for the trees
15-ft. on center is tight, and more than adequate, that in a number of years the size of the
plant material will make a big difference to the structure. Given the circumstances and the
scope of the project Mr. Williams felt that it was a good solution.
Vice Chair Araiza felt that the applicant had addressed the color of the building, the
landscaping concerns but not the issues with the building. In his opinion, the building was
still a three-story box that had a continuous straight wall against the rear property line. He
hadn't seen any details from the applicant where they had tried to break-up the continuous
wall. Vice Chair Araiza suggested that perhaps the applicant could work with the beams
or columns so that they were set back or that they go back and forth to break up the mass
of the wall.
Chair Morlon stated that he appreciated the applicant's revisions from the previous
meeting and he could see that there had been a lot more detail provided. However, he still
had the same concerns with the height of the building.
Chair Morlon understood the applicant's position from an economical standpoint that a
subterranean parking structure would not be feasible. But at this point in time, since there
were not enough votes to approve the project, he could recommend that either the project
be continued to allow the applicant more time to revise the building structure or deny the
project. If the applicant chose not to continue the project they could appeal it with the
Planning Commission if they desired.
Mr. Pieri stated that he would prefer that the DRC deny the project so that he could appeal
it to the Planning Commission,
MSC (Morlon/Araiza) (4-0-0-1) to deny project DRC-03-21 finding that the project did
not meet the City's design guidelines. Motion carried.
2. DRC-03-08
Neighborhood R-9A, Village Six
Northeast of Magdalena Avenue and Santa Elisabeth
Avenue in Otay Ranch, Chula Vista, CA
One hundred and thirty-nine sinqle-family alley product
units on 16.72 acres in Otay Ranch Villaqe Six.
Staff Presentation:
Ms. Ann Pease, Associate Planner reported that Neighborhood R-9A in Otay Ranch
Village Six was intended to be a community of 163 multi-family residential units on 21.1
acres. This proposal, however, described as Neighborhood R-9A is for 139 alley loaded
J:\HOMEIPLANNINGlROSEMARIEIDRCIMIN 2-17 -03 ~c,
ATTACHMENT 7
Negative Declaration
PROJECT NAME:
Corporate Plaza Parking Structure
PROJECT LOCA nON:
678 Third Avenue
ASSESSOR'S PARCEL NO.:
573-240-02
PROJECT APPLICANT:
STBX Partners. LLC
CASE NO.:
IS-03-lO
DATE OF DRAFT DOCUMENT:
December 16, 2002
DATE OF RESOURCE CONSERVATION COMMISSION MEETING: January 13,2003
DATE OF FINAL DOCUMENT:
January 23, 2003
A. Proiect Setting
The approximately I.7-acre project site, located within the City of Chula Vista at 678 Third
Avenue, between I Street and J Street, contains an occupied multi-story commercial office
building and l66-space surface parking Jot (see Exhibit A). Land uses surrounding the
project site consist of the fo11owing:
North: Salvation Army Community Center
South: Henry's Market grocery store
East: Medical offices
West: Single-family residences
B. Proiect Description
The proposed project consists of the construction and operation of a three-level (ground level
with two levels above) parking structure within the rear (western) portion of the project site
to accommodate the parking needs of the existing on-site commercial office building (see
Exhibit B). Construction of the proposed parking structure would increase the number of on-
site parking spaces ftom 166 to 239, a net increase of 73 spaces. Ground level parking on-
site, comprised of surface parking to the east of the parking structure and the ground level of
the parking structure, would decrease from 166 to 138 spaces. Levels two and three of the
parking structure would contain 51 and SO spaces, respectively. Level three of the parking
structure would be open with no roof or cover, and would be lighted with l2-foot high pole
lights. The existing 6-foot high masonry wan along the northern, western, and southern
property lines would remain. The existing surface parking lot extends to approximately three
feet from the wan along the western property line; the proposed parking structure would be
set back 10 feet ftom the western property line wan, with existing trees maintained and new
trees planted within this 10-foot setback area. Existing Carrotwood trees along the entire
perimeter ofthe project would be retained and six new 24-inch box Alleppo Pine trees would
I
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be planted in between the Carrotwood trees along the western property line. The proposed
parking structure requires the approval of a Design Revicw Permit by the City of ChuJa Vista
Design Review Committee.
C. Compliance with Zoning and Plans
The project site is zoned C-O (Administrative and Professional Office Zone) under the City's
Municipal Code and is designated "Commercial - Professional & Administrative" under the
City's adopted General Plan. The proposed parking structure would be compatible with the
existing zoning and land use designation of the site.
D. Public Comments
On November 22, 2002, a Notice of Initial Study was circulated to property owners within a
500-foot radius of the project site. The public comment period closed on December 6,2002;
no written comments were received. On December 19, 2002, a Notice of Availability of
Proposed Negative Declaration was circulated to property owners within a 500-foot radius of
the project site. The public comment period closed on January 22, 2003; no written
comments were received.
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist form) determined that the proposed project will not have a significant
environmental effect, and the preparation of an Environmental Impact Report will not be
required. This Negative Declaration has been prepared in accordance with Section 15070 of
the State CEQA Guidelines.
Noise
Single-family residential properties, separated from the project site by an existing six-foot
high masonry wall along the western property line, are situated immediately west of the
project site. Commercial properties are situated to the north and south and medical offices
are situated to the east of the project site across Third Avenue. In order to assess the
potential noise impacts of the proposed parking structure, a noise technical report was
conducted by RECON, the results of which are contained in their report dated December 12,
2002, and are summarized below.
Noise Standards
The noise technical report assessed the proposal with respect the regulations contained in
Chapter 19.68, Performance Standards and Noise Control, of the Chula Vista Municipal
Code (noise ordinance). Pursuant to the noise ordinance, no person shall operate, or cause to
be operated, any source of sound at any location within the city or allow the creation of any
noise on property owned, leased, occupied or otherwise controlled by such person which
exceeds the following equivalent sound level (Leq) for anyone-hour period, expressed in A-
weighted decibels, dB (A), at or beyond the property boundary:
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All Residential (Except MuJtiple Dwelling)
Weekdays: 10:00 p.m. to 7:00 a.m.
Weekends: 10:00 p.m. to 8:00 a.m.
45 dB (A) Leq (one-hour)
Weekdays: 7:00 a.m. to 10:00 p.m.
Weekends: 8:00 a.m. to 10:00 p.m.
55 dB(A) Leq (one-hour)
Commercial
Weekdays: 10:00 p.m. to 7:00 a.m.
Weekends: 10:00 p.m. to 8:00 a.m.
60 dB(A) Leq (one-hour)
Weekdays: 7:00 a.m. to 10:00 p.m.
Weckends: 8:00 a.m. to 10:00 p.m.
65 dB (A) Leg (one-hour)
lvoise Measurements
The official business hours of the office building are from 7:00 a.m. to 6:00 p.m. Monday
through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. AJthough employee access to the
parking lot and office building is not limited to these hours, based on current usage and
observations, nighttime activity (10:00 p.m. to 7:00 a.m.) and weekend activity is atypical.
Noise measurements were taken on the project site on two separate days. Measurements I
and 2 were taken on Monday, October 21,2002, consisting of two 20-minute measurements
taken between 10:15 a.m. and 11:05 a.m. Measurement 3, consisting of a three-hour
measurement, was taken on Thursday, November 21, 2002, between 6:00 a.m. and 9:00 a.m.
All measurements were taken along the western perimeter of the project site adjacent to the
single- family residences to the west; measurements I and 3 were taken directly west of the
office building and measurement 2 was taken to the northwest of the building. ,
The location of measurement I was shielded from Third A venue traffic noise by the office
building; the overall noise level for measurement I was 53.1 dB(A) Leq for the 20-minute
measurement period. The location of measurement 2 had a small, but direct line of sight to
traffic on Third Avenue; the overall noise level for measurement 2 was 52.2 dB(A) Leq for
the 20-minute measurement period. Traffic in the on-site parking lot was counted during
these noise measurements and was classified as to the area of the lot accessed by each car;
the time each traffic activity occurred was also noted. In the absence of parking lot activities
and other single events, such as sirens and aircraft flyovers, the background noise level
without parking lot activity was estimated a graph of the noise measurement data to be 47
dB (A) Leq. This background noise was subtracted from the overall total measured noise; the
resulting noise was assumed to be the noise level produced by parking lot activities alone.
The result was a noise level of 51.9 dB (A) Leq at 45 feet from the source. This reference
noise level corresponds to an activity volume of 33 vehicles over one hour and a per-vehicle
noise level of35.8 dB(A) at 50 feet from the source.
The location of measurement 3 was shielded from Third Avenue traffic noise by the office
building; the overall hourly noise levels for measurement 3 were 54.4 dB(A) Leq between
6:00 a.m. and 7:00 a.m., 55.6 dB(A) Leq between 7:00 a.m. and 8:00 a.m., and 53.1 dB(A)
Leq between 8:00 a.m. and 9:00 a.m. Traffic in the on-site parking lot was counted during
the noise measurements and was classified as to the area of the lot accessed by each car; the
time each traffic activity occurred was also noted. During the heaviest-use hour of 8:00 a.m.
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to 9:00 a.m., 67 vehicles accessed thc rcar parking area, 8 parked in the area to the north of
the building, and 23 parked in the area to thc south of the building. These traffic counts
correspond to 23 percent. 68 percent, and 69 percent of the spaces to the north, south, and
rear of the building, respectively. This measured hour is assumed to represent the busiest, or
worst-case, daytime hour for parking lot activity. Although the total noise measured was
loudest between 7:00 a.m. and 8:00 a.m., the heaviest use of the parking lot was between
8:00 a.m. and 9:00 a.m. The higher average noise levels in the earlier hours can be attributed
to background noise from the roadways and other sources. Therefore, the data from 8:00
a.m. to 9:00 a.m. was used to establish a reference noise level for this noise measurement.
The average background noise level without parking lot activity was estimated from a graph
of the noise measurement data to be 50.4 dB(A) Leq. This value was subtracted from the
measured noise level, which resulted in a noisc level of 50.0 dB(A) Leq at 52.5 feet from the
source due to parking lot activity. This reference noise level corresponds to an activity
volume of 67 vehicles over one hour, which corresponds to a per-vehicle noise level of 32.2
dB(A) at 50 feet from the source.
Projected Existing Noise Levels
In order to obtain a reference noise level for use in noise projection calculations, the per-
vehicle noise levels obtained from the measurements were log-averaged, resulting in a
reference noise level of 33.7 dB (A) per vehicle at 50 feet from the source. The reference
noise level was adjusted for distance and the number of vehicles accessing the site in order to
calculate the existing noise level during the worst-case daytime hour at the western property
boundary on the residential side of the existing six-foot high masonry wall. Taking into
account noise attenuation associated with the wall, parking lot activity noise was calculated
to be 49.6 dB(A) Leq (one-hour) on the residential side of the wall. The existing worst-case
daytime noise level at the commercial project boundaries, on the adjacent properties' side of
the wall, due to parking lot activity noise was calculated to be 50.8 dB(A) Leq (one-hour) to
the north and south of the project site.
Field visits were conducted to assess weekend and nighttime usage of the parking lot. At
3:45 p.m. on Saturday, November 9, 2002, eight cars were parked in the lot. At 11:10 a.m.
on Sunday, November 17, 2002, six cars were parking in the lot. At 9:07 p.m. on Thursday,
November 21, 2002, three cars were parked in the lot. Based on these observations, it is
assumed that the busiest nighttime-use hour is weekdays ti-om 6:00 a.m. to 7:00 a.m. The
existing noise level for the nighttime hour at the residential and commercial project
boundaries (between 6:00 a.m. and 7:00 a.m.) was calculated to be 41.5 and 42.3 dB(A) Leq
(one-hour) due to parking lot activity, respectively.
Future Acoustical Environment and Impacts (Residential - Daytime)
To calculate the future worst-case hourly noise level at the residential-use project boundary
due to parking lot activity, the reference noise level of33.7 dB(A) per vehicle at 50 feet from
the source was adjusted to reflect future conditions with the proposed parking structure.
Adjustments to this reference level and resulting noise levels were calculated for each section
of the parking lot (side section-north, side section-south, rear ground level, rear second level,
and rear third level). The future hourly vehicle activity volume for each section was assumed
to be 69 percent of the parking spaces in each section, which was the highest level of hourly
4
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activity observed among the three existing portions of the parking lot. It was assumed that
half of the traffic accessing the parking structure would pass through each side lot and,
because the ground and second levels of the parking structure will provide access to the third
level, adjustments wcre made for the volume of vehicles passing through the ground and
second levels. Five decibels was subtracted from the rear and side ground level parking area
noise levels to account for the reduction provided by the six-foot high masonry wall on the
western property line. Reductions to the noise levels on the second. and third levels of the
parking structure were made to account for the three-foot high concrete panels proposed
along the western perimeter of the parking decks. The resulting future worst-case noise level
at the residential-use project boundary on the residential side of the wall due to parking lot
activity noise was calculated to be 54.2 dB(A) Leq (one-hour), which would not exceed the
City's daytime hourly noise standard.
Future Acoustical Environment and Impacts (Residential - Nighttime)
By using the reference noise level of 33.7 dB(A) per vehicle and the applicable distance and
wan noise level adjustments, the maximum number of cars that could access the parking lot
per hour, distributed evenly throughout the lot, without exceeding the residential nighttime
noise limit, was found to be 40. Furthermore, under a worst-case scenario assuming all of
the cars accessing the site were to park in the upper levels of the parking structure, the
maximum number of cars that could access the parking lot per hour without exceeding the
noise limit was found to be 23. Since no typical nighttime activity is expected, and
occasional use would be low, this number of cars per nighttime hour is not expected to be
exceeded; therefore, noise levels are expected to comply with City standards.
Future Acoustical Environment and Impacts (Commercial)
The future worst-case daytime noise level at the northern and southern commercial-use
project boundaries due to parking lot activity noise was calculated to be 53.6 and 53.7 dB(A)
Leq (one-hour) on the adjacent properties' side of the wall, respectively. Use of the parking
lot during nighttime hours is anticipated to be infrequent, but would not be prohibited. By
using the reference noise level of33.7 dB(A) per vehicle and the applicable distance and wall
noise level adjustments, the maximum number of cars that could access the parking lot per
hour, distributed evenly throughout the Jot, without exceeding the commercial nighttime
noise limit, was found to be 850, which is much less even than the worst-case daytime level
of activity and is greater than the proposed number of parking spaces.
Construction Noise
Noise associated with earthwork and construction would resuIt in short-term noise
generation. Although construction activities are exempt from the exterior noise standards of
the Chula Vista Municipal Code described above, the Municipal Code prohibits construction
Monday through Friday from 10:00 p.m. to 7:00 a.m. and from 10:00p.m. to 8:00 a.m. on
Saturdays and Sundays. Compliance with the allowable construction activity periods of the
Municipal Code would ensure that construction noise would not cause a significant nuisance
noise impact to residents and businesses in the immediate vicinity of the project site.
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Aesthetics
The westem fayade of the proposed 25-foot high parking structure would be set back ten feet
from the west em property line of the project site, which is separated from single-family
residential properties to the west by an existing six-foot high masonry wall (see Exhibit B).
Therefore, a portion of the proposed parking structure would be visible from the rear portion
of single-family residential properties to the west. Existing mature Carrotwood trees are
situated on the project site along the masonry wall that separates the project site !Tom the
adjacent single-family residential properties. To achieve a greater degree of vegetative
screening of the proposed parking structure from the west, six new 24-inch box Alleppo Pine
trees would be planted in between the existing Carrotwood trees along the west em property
line (see Exhibit C). Three-foot high concrete walls are proposed along the westem fayade of
the second and third levels of the parking structure, which, in addition to attenuating vehicle
noise, would aid in screening vehicles parked along the westem perimeter of these levels.
The proposed parking structure is an allowable accessory structure with the C-O zone in
which it is proposed to be constructed. The existing six-foot high masonry wall, the existing
and proposed new trees along the west em property line, and the proposed 10-foot setback
between the wall and the westem fayade of the parking structure would screen and minimize
the intrusiveness of the proposed 25-foot high parking structure. Although the proposed
parking structure would result in a change to the viewshed of the adjacent residential
properties, given the zoning of the project site, the location of the site on an established,
intensively developed commercial corridor, and the moderate height and bulk of the
proposed structure, the impact of this change would not rise to a level of significance under
the Califomia Enviroillllental Quality Act as implemented by the City ofChula Vista.
The proposal includes downward-facing, non-spill exterior lighting on l2-foot high poles on
the upper level of the parking structure. Pursuant to Sections 19.66.060 and 19.66.100 of the
Chula Vista Municipal Code, no direct or sky-reflected glare shall be permitted trom lighting
so as to be visible at the lot line of an establishment or use. The proposed lighting would be
required to comply with the glare regulations of the Chula Vista Municipal Code and,
therefore, would not result in a significant glare impact.
F. Mitigation Necessary to Avoid Significant Impacts
No mitigation is required.
G. Consultation
I. Individuals and Organizations
City of Chula Vista:
Frank Rivera, Public Works Department-Engineering Division
JeffMoneda, Public Works Department-Engineering Division
Muna Cuthbert, Public Works Department-Engineering Division
Silvester Evetovich, Public Works Department-Engineering Division
Majed AI-Ghatry, Public Works Department-Engineering Division
6
3..2...
Michael Meacham, City Manager's Office
John Schmitz, Planning and Building Department
Michael Walker, Planning and Building Department
Frank Herrera-A, Planning and Building Department
Carolyn Dakan, Planning and Building Department
Others:
Dee Peralta, Chula Vista Elementary School District
2. Documents
City ofChula Vista General Plan, 1989
Final Environmental Impact Report, City of Chula Vista General Plan Update, EIR No.
88-2, P&D Technologies, Inc., May 1989
Draft City of Chula Vista Multiple Species Conservation Program Subarea Plan, October
2000
Noise Technical Report for the Parking Structure for Corporate Plaza Office Building,
Chula Vista, California, RECON, December 12, 2002
Geotechnical Investigation - Corporate Plaza Parking Structure, 678 Third Avenue,
Chula Vista, California, Geocon Incorporated, October 11,2002
3. Initial Studv
This environmental determination is based on the attached Initial Study and any
comments received in response to the Notice of Initial Study. The report reflects the
independent judgement of the City of Chula Vista. Further information regarding the
environmental review of this project is available from the Chula Vista Planning and
Building Department, 276 Fourth Avenue, Chula Vista, CA 91910.
?r;~(/Jt0Wc1i'
Marilyn R. F. Ponseggi
Environmental Review Coordinator
Date: /~)fJ/tJd...
,
7
:33
Case No. IS-03-10
ENVIRONMENTAL CHECKLIST FORM
1. Name of Proponent: STBX Partners. LLC
2. Lead Agency Name and Address: City of Chula Vista
276 Fourth A venue
ChuJa Vista, CA 91910
3. Address and Phone Number of Proponent: 303 H Street, Suite 300
Chula Vista, CA 91910
(619) 426-6388
4. Name of Proposal: Corporate Plaza Parking Structure
678 Third Avenue, Chula Vista, CA
5. Date of Checklist: December 16, 2002
Potentially
Significant
Impact
Potentially
Siguificant
Unless
Mitigated
Less than
Significant
Impact
No
Impact
I. LAND USE AND PLANNING. Would the
proposal:
a) Conflict with general plan designation or
zoning?
o
o
o
~
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction
over the project?
c) Affect agricultural resources or operations
(e.g., impacts to soils or farmlands, or impacts
from incompatible land uses)?
d) Disrupt or divide the physical arrangement of
an established community (including a low-
income or minority community)?
o
o
o
~
o
o
o
~
o
o
o
~
Comments:
a) The project site is zoned C-O (Administrative and Professional Office) under the City's
Municipal Code and is designated "Commercial - Professional & Administrative"
under the City's adopted General Plan. The proposal has been reviewed and has been
found to be consistent with the zoning and General Plan designation ofthe project site.
b) The proposal would not conflict with any applicable adopted environmental plans or
policies. Furthermore, the proposal would not encroach into or indirectly affect the
Habitat Preserve area of the Draft City ofChula Vista Multiple Species Conservation
Program Subarea Plan.
31
Page - I
c) The project site is neither in agricultural production nor adjaccnt to property in
agricultural production and contains no agricultural resources.
d) The proposal would neither disrupt nor divide the physical arrangement of an
established community. The project site is presently developed and utilized as a
private surface parking lot for the commercial office building located on the subject
property.
II. POPULATION AND HOUSING. Would the
proposal:
a) Cumulatively exceed official regional or local
population projections?
b) Induce substantial growth in an area either
directly or indirectly (e.g., through projects in
an undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable
housing?
Comments:
Potentially
Potentially Significant Less than
Significant Unless SignifICant No
Impact Miligated Imp.ut Impact
0 0 0 fj
0 0 0 ~
o
o
o
fj
a) The proposal would have no effects upon regional or local population.
b) The proposal would not directly or indirectly induce growth.
c) The project site does not contain any housing; therefore, no housing displacement
would result from the proposal.
Potentially
III. GEOPHYSICAL. Would the proposal result in or Potentially Significant Less than
Significant Unless Significant No
expose people to potential impacts involving: Impact Mitigated Impact Impact
a) Unstable earth conditions or changes in 0 0 0 fj
geologic substructures?
b) Disruptions, displacements, compaction or 0 0 0 fj
overcovering of the soil?
c) Change in topography or ground surface relief 0 0 0 II
features?
d) The destruction, covering or modification of 0 0 0 fj
any unique geologic or physical features?
e) Any increase in wind or water erosion of soils, 0 0 0 fj
either on or off the site?
f) Changes in deposition or erosion of beach 0 0 0 fj
sands, or changes in siltation, deposition or
erosion which may modify the channel of a
river or stream or the bed of the ocean or any
bay inlet or lake?
3s
Page - 2
g) Exposure of people or property to geologic
hazards such as earthquakes, landslides. mud
slides. ground failure. or similar hazards?
o
o
o
o
Comments:
a) A geotechnical investigation of the project site was conducted by Geocon,
Incorporated, the results of which are contained in their report entitled "Geotechnical
Investigation - Corporate Plaza Parking Structure, 678 Third Avenue, Chula Vista,
California," dated October 11,2002. The purpose of the investigation was to observe
and sample prevailing soil conditions underlying the site and to provide
recommendations relative to geoteclmical aspects of the proposed development. The
scope of the investigation included a site reconnaissance, field investigation, laboratory
testing, and engineering analyses.
The field investigation was performed on September 14, 2002, and consisted of a site
reconnaissance and drilling three exploratory small-diameter borings, which were
drilled to depths of 40 feet. The soil conditions encountered in the borings were
visually examined, classified, and logged. Laboratory tests were perfonned on selected
soil samples obtained from the borings to determine pertinent physical properties for
engineering analyses. The soils encountered during the field investigation consisted of
undocumented fill and formational soils of the Bay Point Formation. Groundwater was
not encountered during the field investigation and is not anticipated to significantly
impact the proposed development.
A review of the geologic literature indicates that there are no known active or
potentially active faults at the site or in the immediate vicinity and no evidence of
faulting was encountered in the subsurface exploration program. The Rose Canyon
Fault, located approximately 6.5 miles northwest of the site, is the closest known active
fault. Earthquakes that might occur on the Rose Canyon, Coronado Bank, Newport-
Inglewood-Offshore, Elsinore, and other faults within the southern California/northern
Baja California area are potential generators of significant ground motion at the site.
The Rose Canyon Fault, postulated as having the potential to generate a maximum
earthquake of magnitude 6.9, is the most significant potential source of ground motion
at the site due to its proximity. The site could be subjected to moderate to severe
ground shaking in the event of an earthquake on any of the faults within the region.
However, the seismic risk at the site is not considered significantly different ITom that
of surrounding developments.
No landslides were encountered during the site investigation and none are known to
exist on the property or at a location that would impact the proposed development.
Due to the high density of the underlying soils and the lack of permanent near-surface
groundwater, the potential for liquefaction occurring at the site is considered "very
Io\v."
Based upon the results of the geotechnical investigation, the proposed project is
considered feasible from a geotechnical engineering point of view provided the
structure is designed in accordance with the applicable building regulations and
provided the engineering recommendations contained in the report are followed.
30
Page - 3
b) See IILa. above. Proper cngincering design would ensure that no such soils-related
impacts would result.
c) The proposed site has been previously graded; further changes in topography to
accommodate the proposal would be nominal.
d) No unique geologic or physical features exist within the proposed'development area of
the site.
e) Appropriate erosion control measures will be identified in conjunction with the
preparation of final construction plans and will be implemented during construction.
All portions of the development area disturbed during construction will either be
developed or appropriately landscaped in accordance with final construction plans for
the project. Therefore, no significant increase in soils erosion would result.
f) See III.e. above. No significant erosion or siltation impacts are anticipated to result
from the proposed development.
g) See lILa. above.
Potentially
Potentially Significant Uss than
IV. WATER. Would the proposal result ill: Significant Unless Significant No
Impact Mitigated Impact Impact
a) Changes in absorption rates, drainage patterns, 0 0 ~ 0
or the rate and amount of surface runoff?
b) Exposure of people or property to water related 0 0 0 C'I
hazards such as flooding or tidal waves?
c) Discharge into surface waters or other 0 0 C'I 0
alteration of surface water quality (e.g.,
temperature, dissolved oxygen or turbidity)?
d) Changes in the amount of surface water in any 0 0 0 ~
water body?
e) Changes in currents, or the course of direction 0 0 0 C'I
of water movements, in either marine or fresh
waters?
f) Change in the quantity of ground waters, either 0 0 0 C'I
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations?
g) Altered direction or rate of flow of 0 0 0 C'I
groundwater?
h) Impacts to groundwater quality? 0 0 0 C'I
i) Alterations to the course or flow of flood 0 0 0 C'I
waters?
j) Substantial reduction in the amount of water 0 0 0 C'I
otherwise available for public water supplies?
37
Page - 4
.. -- .-..~._...'~-~ ..-- ---_._~.... -"------~-_.._.-
Comments:
a) The proposed construction of a parking structure on the entirely developed project site
would not result in a change in the on-site absorption rate. The site presently drains via
sheet flow towards Third A venue, whcre a storm drain inlet exists in the street
approximately 250 feet to the south. The submittal of a drainage study would be
required prior to the issuance of construction permits to demonstr;1te that existing
intrastructure would be adequate to serve the project; no significant impacts to the
City's storm drainage system are anticipated to result trom the project.
b) The project site is beyond the limits of the 500-year floodplain and is not in proximity
to any bay or ocean; therefore, no exposure of people or property to water related
hazards would result from the proposed development.
c) Through construction permit conditions of approval, the proposed project will be
required to implement construction and post-construction Best Management Practices
(BMPs), where applicable, in accordance with the City ofChula Vista Storm Water
Management Standards Requirements Manual in order to prevent pollution of
downstream water bodies.
d) Based on the size and nature of the proposed development, and the location of the
project site relative to natural water bodies, the project would not result in any changes
in the amount of surface water in any water body, in currents, or the course of direction
of water movements, in either marine or tresh waters.
e) See IV.d. above.
f) According to the geotechnical investigation prepared for the project (Geocon,
Incorporated, 2002), groundwater was not encountered in the exploratory borings. No
changes in the quantity of groundwater, or other impacts to groundwater, are expected
to result trom the proposed development of the site.
g) See IV.r. above.
h) See IV.r. above.
i) See IV.b. above. No alterations to the course or flow of flood waters downstream of
the site are expected to result tram the proposed development of the site.
j) The construction of a parking structure is not anticipated to result in a significant net
increase in the consumption of water otherwise available for public consumption.
a) Violate any air quality standard or contribute to
an existing or projected air quality violation?
b) Expose sensitive receptors to pollutants?
Potentially
PotentiaUy SignifICant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
0 0 0 0
0 0 0 0
3F'
V. AIR QUALITY. Would the proposal:
Page - 5
c) Alter air movement, moisture. or temperature.
or cause any change in climate. either locally
or regionally?
d) Create objectionable odors')
e) Create a substantial increase in stationary or
non-stationary sources of air emissions or the
deterioration of ambient air quality?
o
o
o
o
o
o
o
o
o
o
o
o
Comments:
a) Based on the limited amount of site grading necessary to accommodate the proposed
development and because the proposal would not result in an increase in traffic
generated by the existing on-site office building, the proposal would not result in the
violation of any air quality standard or contribute to an existing or projected air quality
violation.
b) The operation of the proposed parking structure is not anticipated to result in an
increase in the exposure of sensitive receptors to pollutants. To the contrary, the
provision of ample parking to meet the present needs of existing office building tenants
is anticipated to reduce the time spent by employees and clients searching for on- and
off-site parking, thereby potentiany reducing automobile emissions generated in the
vicinity of the project site.
c) The proposed parking structure is not anticipated to significantly alter air movement,
moisture, or temperature, or cause any change in climate.
d) Neither development nor operation of the proposed parking structure is anticipated to
create any objectionable odors.
e) Because the proposal would not result in an increase in traffic generation, the proposal
would not result in an increase in non-stationary sources of air emissions or the
deterioration of ambient air quality. No stationary sources of air emissions would be
associated with the proposed parking structure.
Potentially
VI. TRANSPORT ATION/CIRCULA TION. Would Potentially Significant Less than
Significant Unless Significant No
the proposal result in: Impact Mitigated Impact Impact
a) Increased vehicle trips or traffic congestion? 0 0 0 0
b) Hazards to safety from design features (e.g., 0 0 0 ~
sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
c) Inadequate emergency access or access to 0 0 0 0
nearby uses?
d) Insufficient parking capacity on-site or off-site? 0 0 0 0
e) Hazards or barriers for pedestrians or 0 0 0 0
bicyclists?
f) Conflicts with adopted policies supporting 0 0 0 0
~"7
Page - 6
--, ....._--~ -----.-....-.. -..----- -.-..----r-.-.-
alternative transportation (e,g. bus turnouts.
bicycle racks)?
g) Rail, wateroorne or air traffic impacts?
o
o
o
'"
h) A "large project" under the Congestion
Management Program? (An equivalent of 2400
or more average daily vehicle trips or 200 or
more peak-hour vehicle trips.)
o
o
o
'"
Comments:
a) The project site is directly accessible from Third Avenue, which currently operates at
level of service (LOS) C. The proposal would not result in an increase in vehicle trips
generated by the existing on-site office building and, therefore, would not result in an
increase in congestion.
b) Vehicular access to the project site would continue to be taken from the two existing
driveways on Third Avenue. No traffic safety hazards are anticipated to result from the
project.
c) The proposed site plan provides for adequate emergency access from Third Avenue.
d) The proposal would result in a net gain of 73 on-site parking spaces; all on-site parking
spaces would be used exclusively by the tenants of the existing commercial office
building on-site.
e) The proposal would not result in any hazards or barriers for pedestrians or bicyclists.
f) No conflicts with adopted policies supporting alternative transportation would result.
g) No rail, navigable waters, or aircraft facilities exist in the vicinity of the project site;
therefore, the proposal would not result in any rail, waterborne or air traffic impacts.
h) The proposal would not result in an increase in traffic generated by the existing on-site
office building; therefore, the project is not considered a "large project" under the
Congestion Management Program.
PotentiaUy
VII. BIOLOGICAL RESOURCES. Would the Potentially Significant Le.ssthan
Significant Unless Significant No
proposal result in impacts 10: 1m",,, Mitigated Impact Impact
a) Endangered, sensitive species, species of 0 0 0 ~
concern or species that are candidates for
listing?
b) Locally designated species (e.g" heritage 0 0 0 t8]
trees)?
c) Locally designated natural communities (e.g., 0 0 0 ~
oak forest, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and 0 0 0 t8]
vernal pool)?
I...f.D
Page - 7
.._...,-_.~--_..-. ..~--_.,---_..~,.-
e) Wildlife dispersal or migration corridors')
f) Affect regional habitat preservation planning
effortS"
Comments:
o
o
o
01
o
o
o
~
a) The project site is presently a fully deve10ped commercial property. No habitat for
endangered or sensitive species, species of concern or species that are candidates for
listing exists on or immediately adjacent to the project site.
b) No locally designated species are present on or immediately adjacent to the project site.
c) No locally designated natural communities are present on or immediately adjacent to
the project site.
d) No wetland habitat is present on or immediately adjacent to the project site.
e) The proposa1 would have no effect upon any wildlife dispersal or migration corridors.
f) The proposal would not affect regional habitat preservation planning efforts.
VIII. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy conservation
plans?
b) Use non-renewable resources in a wasteful and
inefficient manner?
c) If the site is designated for mineral resource
protection. will this project impact this
protection?
Comments:
Potentially
Potentiall~' Significant Less than
Si:::nific3nt Unk-ss Significant
Impact Mitigated Impact
0 0 0
0 0 0
0 0 0
No
Impact
01
01
01
a) The proposal would not conflict with any adopted energy conservation plans.
b) The proposal would be designed to meet or exceed all applicable energy efficiency
regulations. There are no proposed features or aspects ofthe project that would result
in the wasteful or inefficient use of non-renewable resources.
c) Pursuant to the Environmental Impact Report for the City of Chula Vista General Plan
Update (Chula Vista, 1989), the project site is not designated for mineral resource
protection by the State of California Department of Conservation.
Page - 8
(/1
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of
hazardous substances (including, but not
limited to: petroleum products, pesticides,
chemicals or radiation)?
b) Possible interference with an emergency
response plan or emergency evacuation plan?
c) 1l1e creation of any health hazard or potential
health hazard?
d) Exposure of people to existing sources of
potential health hazards?
e) Increased fire hazard in areas with flammable
brush, grass, or trees?
Comments:
Pot("ntian~'
Potential!) Signific;ml Lesslhan
Sil:nilicanl Unless SignifiC:,"1 No
Impact J\litigall"d Impact Impact
0 0 0 1;1
0 0 0 <;0
0 0 0 1;1
0 0 0 <;0
0 0 0 <;0
a) There are no proposed features or aspects of the proposal that would represent a risk of
accidental explosion or release of hazardous substances.
b) The proposal would not result in interference with an emergency response plan or
emergency evacuation plan.
c) No health hazards or potential health hazards would be created as a result of the
development of a parking structure on the project site.
d) No known sources of potential health hazards exist on the project site or in the
immediate vicinity.
e) The project site is not situated within or immediately adjacent to an area containing
dense flammable vegetation; furthennore, the proposed parking structure would be
constructed of steel and concrete.
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels?
b) Exposure of people to severe noise levels?
Comments:
a) See Negative Declaration, Section E.
b) See Negative Declaration, Section E.
Page - 9
Potentially
Potentially Significant Less than
Significant Unless SigniIicant No
Impact Mitigated Impact Impact
0 0 <;0 0
0 0 1;1 0
<f~
POll"ntiallJ
XI. PUBLIC SERVICES. Would the proposal have Pntl"ntiall~. Significant Les5 than
Significanl Unless Significant No
all effect UPOIl, or result ill a need for Ilew or Impact ~litigall"d Impact Impact
alTered go\'ernment sen'ices ill allY of the followillg
areas:
a) Fire protection? 0 0 0 0
b) Police protection? 0 0 0 0
c) Schools? 0 0 0 0
d) Maintenance of public facilities, including 0 0 0 0
roads?
e) Other governmental services? 0 0 0 0
Comments:
a) The proposal would not have a significant effect upon or result in a need for new or
altered fire protection services,
b) The proposal would not have a significant effect upon or result in a need for new or
altered police protection services.
c) Because the proposal would not induce any population growth, no adverse impacts to
public schoo1s would result.
d) The proposed facility would be constructed and maintained entirely by the property
owner.
e) The proposal would not have a significant effect upon other governmental facilities.
XII. Thresholds. Will the proposal adversely impact
the City's Threshold STandards?
As described below. the proposed project would not adversely impact any of the seven
Threshold Standards.
Potentially
Potentially Significant Less than
Significant Unless Signifkant No
Impact Mitigated Impact Impact
0 0 ~ 0
Potentially
Potentially Significant Les.sthan
Significant Unless SignmcaDt No
Impact Mitigated Impact Impact
a) Fire/EMS 0 0 0 0
The Threshold Standards requires that fire and medical units must be able to respond to calls
within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of the
cases. The City of Chula Vista has determined that this threshold standard will be met.
Y3
Page - 10
PHll.nli;III~-
l'l>tl'nti;jl1~ Sii:nificanl Less Ihan
Significant Unk!<s Significant No
Impact J\1itigah'd Impact Impact
b) Police 0 0 ~ 0
The Threshold Standards require that police units must respond to 84 % of Priority I
calls within 7 minutes or less and maintain an average response time to all Priority I
calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls
within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7
minutes or less.
PUIl'ntiall~'
Polentiall~' Significanl Less than
Significant Unless Significant No
Impact Mitigatl'd Impact Impact
C) Traffic 0 0 0 ~
I. City-wide: Maintain LOS "c" or better as measured by observed average travel
speed on all signalized arterial segments except that during peak hours a LOS "D"
can occur for no more than any two hours of the day.
2. West of 1-805: Those signalized intersections which do not meet the standard above
may continue to operate at their 1991 LOS. but shall not worsen.
Potentially
Potenliall~' Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
d) Parks/Recreation 0 0 0 ~
The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and
community parkland with appropriate facilities per 1,000 residents east of Interstate 805.
Polenliall,.-
Potentially Significant Less than
Significanl Unless Significant No
Impact Mitigated Impact Impact
e) Drainage 0 0 ~ 0
The Threshold Standards require that storm water flows and volumes not
exceed City Engineering Standards. Individual projects wi11 provide necessary
improvements consistent with the Drainage Master Plan(s) and City
Engineering Standards. The proposed project will comply with this Threshold
Standard.
Potentially
Potentially Significant Less thaD
Significant Unless Significant No
Impact Mitigated Im",ct Impact
t) Sewer 0 0 ~ 0
The Threshold Standards require that sewage flows and volumes not exceed
City Engineering Standards. Individual projects will provide necessary
improvements consistent with Sewer Master Plan(s) and City Engineering
Standards.
tllf
Page - II
Potentia II)'
Potentiall~' Si~nifiC3nt ussthan
Sij':nificant Unless Si~nifi(3nt No
Impilct Mitigated Impact Impact
g) Water 0 0 Ii! 0
The Threshold Standards require that adequate storage, treatment, and transmission
facilities are constructed concurrently with planned growth and that water quality
standards are not jeopardized during growth and construction.
Applicants may also be required to participate in whatever water conservation or fee off-
set program the City of Chula Vista has in effect at the time of building permit issuance.
Comments:
a) The proposal would not adversely affect the ability of the City ofChula Vista to meet
this Threshold Standard.
b) The proposal would not adversely affect the ability of the City ofChula Vista to meet
this Threshold Standard.
c) The proposal would not result in an increase in traffic generated by the existing on-site
office building; therefore, no impacts relative to these Threshold Standards would
result.
d) The proposal would not induce population growth; therefore, the parks/recreation
threshold standard is not applicable to the proposal.
e) Proper engineering design ofrequired storm drainage improvements to serve the
project wouJd ensure that storm water flows and volumes would not exceed City
Engineering Standards.
f) The proposal would not result in an increase in sewage flows and volumes; therefore,
City Engineering Standards would not be exceeded.
g) The proposal would not result in an increase in water use; therefore, no impacts to
water storage, treatment, and transmission facilities would result.
PotentiaUy
XIII. UTILITIES AND SERVICE SYSTEMS. Would PotentiaHy SigniflC3nt Less thaD
Significant Unless Significant No
the proposal result in a need for new systems, or Impact J\litigated Impact Impact
substantial alterations to rhe following utilities:
a) Power or natural gas? 0 0 Ii! 0
b) Communications systems? 0 0 0 Ii!
c) Local or regional water treatment or 0 0 0 Ii!
distribution facilities?
d) Sewer or septic tanks? 0 0 0 Ii!
e) Storm water drainage? 0 0 Ii! 0
y)"
Page - 12
. .-.._.._,.._-~_._.-. ---._-- ~-,,--+-- ..-- --.
f) Solid waste disposal?
o
o
o
o
Comments:
a) The project site is located with an urban area that is served by all nccessary utilities
and service systems. Any alterations to existing utilities and service systems and
connections to such utilities and systems that are necessary to adequately service the
proposal would be implemented by the applicant, subject to the approval of the City
and/or the appropriate utilities and service providers. Impacts of the proposal to
utilities and service systems would be less than significant.
b) See XIII.a.
c) See XIII.a.
d) See XIII.a.
e) See XIII.a. The adequacy of the existing storm drainage facilities to serve the project
would be determined prior to the issuance of construction permits; any improvements
to the storm drainage system that are deemed necessary will be impJemented by the
applicant to the satisfaction of the City Engineer.
f) See XIII.a. Pacific Waste Services provides solid waste disposal services for the
property. A new trash enclosure is proposed that would house three 4-cubic-yard bins,
one each for trash, mixed paper, and yard waste, along with two 96-gallon carts for
rigid recyclables. The proposed parking structure would not result in a net increase in
solid waste generation.
Potentially
Potl,'nliaUy Significant Lesstban
Significant Unless Significant No
XIV. AESTHETICS. Would the proposal: Impact Mitigated Impact Impact
a) Obstruct any scenic vista or view open to the 0 0 0 0
public or will the proposal result in the creation
of an aesthetically offensive site open to public
view?
b) Cause the destruction or modification of a 0 0 0 0
scenic rou te?
c) Have a demonstrable negative aesthetic effect? 0 0 0 0
d) Create added light or glare sources that could 0 0 ~ 0
increase the level of sky glow in an area or
cause this project to fail to comply with Section
19.66.100 of the Chula Vista Municipal Code,
Title 19?
e) Produce an additional amount of spill light? 0 0 0 0
Comments:
a) No significant scenic vistas or views open to the public exist through the site.
~
Page - I3
b) Third Avenue is not a designated sccnic roadway in the adopted City ofChula Vista
General Plan.
c) See Negative Declaration, Section E.
d) See Negative Declaration, Section E.
e) See Negative Declaration, Section E.
Potentially
XV. CULTURAL RESOURCES. Would the Potentially Significant Less than
Significant Unless Significant No
proposal: Impact !\litigated Impact Impact
a) Will the proposal result in the alteration of or 0 0 0 ~
the destruction or a prehistoric or historic
archaeological site?
b) Will the proposal result in adverse physical or 0 0 0 ~
aesthetic effects to a prehistoric or historic
building, structure or object?
c) Does the proposal have the potential to cause a 0 0 0 ~
physical change which would affect unique
ethnic cultural values?
d) Will the proposal restrict existing religious or 0 0 0 ~
sacred uses within the potential impact area?
e) Is the area identified on the City's General Plan 0 0 0 ~
EIR as an area of high potential for
archeological resources?
Comments:
a) No prehistoric or historic archaeo]ogical sites are known or expected to be present
within the impact area of the proposal. See XV.e. be]ow.
b) No buildings or structures are present within the impact area of the proposal and no
prehistoric or historic objects are known or expected to be present within the impact
area. See XV.e. below.
c) The proposed physical changes would not affect unique ethnic cultural values.
d) No religious or sacred uses exist within the impact area of the proposal.
e) Based on the previous level of site disturbance associated with existing site
improvements, no impacts to archaeological resources are anticipated.
V'7
Page - 14
XVI. PALEONTOLOGICAL RESOURCES. Will the
proposal result in the alterarioll of or rhe
destrucrioll of paleo11!ological resources?
Comments:
PlJlentiaU~-
Significant
Impact
Pl>lcntiall)-
Si]::nific:ml
Unless
Mitigated
N.
Impact
Less than
Significant
Impact
o
o
~
o
a) Limited excavation within previously undisturbed geologic fonnational material would
be required; therefore, the potential for the project to significantly impact
paleontological resources is considered to be less than significant.
XVII. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or
regional parks or other recreational facilities?
b) Affect existing recreational opportunities?
c) Interfere with parks & recreation plans or
programs?
Comments:
Potentially
Potentially SignifiC3nt Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
0 0 0 ~
0 0 D ~
0 0 0 ~
a) Because the proposal would not induce any population growth, the project would not
result in an increase in demand for neighborhood or regional parks or other
recreational opportunities.
b) The proposal would not affect existing recreational opportunities.
c) The proposal would not interfere with parks and recreation plans or programs.
Page - 15
w
XVIII. PROJECT REVISIONS OR MITIGATION MEASURES: None required.
XIX. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated,"
as indicated by the checklist on the following pages.
0 Land Use and Planning 0 T ransportation/C irculation 0 Public Services
0 Population and Housing 0 Biological Resources 0 Utilities and Service
Systems
0 Geophysical 0 Energy and Mineral Resources 0 Aesthetics
0 Water 0 Hazards 0 Cultural Resources
0 Air Quality 0 Noise 0 Recreation
0 Paleontological 0 Mandatory Findings of Significance
Resources
XX. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the .
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the 0
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A
MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and 0
an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but 0
at least one effect: I) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on
the earlier analysis as described on attached sheets, if the effect is a "potentially
significant impacts" or "potentially significant unless mitigated." An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
o
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR,
including revisions or mitigation measures that are imposed upon the proposed project.
An addendum has been prepared to provide a record of this determination.
1~;;!~>>W{ ~'
Environmental Review Coordinator
/c:<// s/ () d-.,
, Date
Page - 16
V1
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