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Home My WebLink AboutPlanning Comm Reports/2003/02/19 AGENDA PLANNING COMMISSION MEETING Chula Vista, California Wednesday, February 19,2003,6:00 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 APPROVAL OF MINUTES: January 22, 2003 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: Consideration of the Final Second Tier Environmental Impact Report (EIR 02-04) for the Otay Ranch Sectional Planning Area 12 Freeway Commercial (SPA) Plan and Conceptual Tentative Map. Project Manager: Steve Power, Associate Planner 2. PUBLIC HEARING: PCM 99-08; Consideration of a Sectional Planning Area (SPA) Plan and supporting regulatory documents including Planned Community District Regulations, Design Plan, and Public Facilities Finance Plan for "Otay Ranch, Planning Area 12 - Freeway Commercial". Applicant: McMillin Otay Ranch, LLC. Project Manager: Rick Rosaler, Principal Planner 3. PUBLIC HEARING: PCM 02-05; Precise Plan to allow for a redevelopment project for an existing shopping center. The project includes: 1) the demolition of four existing buildings totaling 18,300 sf of retail space and a restaurant; 2) a new 14,880 sf Save-On Drug Store; 3) a new 3,475 sf retail building that includes a drive-thru Starbucks store; 4) a Planning Commission - 2- February 19, 2003 100 sf Kiosk; 5) new landscaping and paving; and 6) grading. The existing 5,000 sf 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 Zoning District. Project Manager: Michael Walker, Associate Planner 5. PUBLIC HEARING: ZAV 02-19; Continuance of 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 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, andlor 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. MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, January 22, 2003 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROLL CALLI MOTIONS TO EXCUSE: Present: Staff Present: Commissioners Hall, Madrid, O'Neill, Cortes, Castaneda, Hom Jim Sandoval, Assistant Director of Planning and Building John Schmitz, Principal Planner Elizabeth Hull, Deputy City Attorney II Rich Whipple, Associate Planner Lynette Tessitore-Lopez, Associate Planner PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Hall ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCC 03-15; Conditional Use Permit to install, operate and maintain a wireless telecommunications facility consisting of a 55 foot high mono pine supporting twelve panel antennas, and an associated equipment area at Smart Self Storage, 816 Miller Drive. NexteJ. MSC (Madrid/Cortes) (6-0) thatthis public hearing be continued to February 12, 2003. Motion carried. 2. PUBLIC HEARING: PCC 02-62; Conditional Use Permit for the operation of a convenience market, including the sale of alcoholic beverages, and the operation of four gasoline pumps and an automatic car wash in the mixed-use "Heritage Town Center" development located in Village One, Otay Ranch. Background: Rich Whipple, Associate Planner reported that the proposed project is to be located at the corner of East Palomar Street and Santa Rita, consisting of a 2,350 sf convenience market building that includes the operation of a 4-pump, 1,500 sf fuel dispensing island and an 800 sf automatic car wash facility located behind the convenience market. Planning Commission Minutes - 2 - January 22, 2003 Staff Recommenation: That the Planning Commission adopt Resolution 02-62 granting a Conditional Use Permit for the operation of a convenience market, including the sale of alcoholic beverages, the operation of four gasoline pumps and a automatic car wash in the mixed-use "Heritage Town Center" development located in Village One, Otay Ranch. Public Hearing Opened and Closed 6:45. Commission Discussion: Commissioner Madrid expressed concern with potential noise impacts generated from the fueling station and car wash, particularly because of the senior housing located adjacent to the project. Mr. Whipple stated that the environmental review for this project required the preparation of a noise analysis, which after considering the conditions of approval, particularly such features as the bi-folding doors for the car wash, concluded that noise levels would be within the allowable range. Commissioner O'Neill concurred with Cmr. Madrid's comments on noise impacts. Additionally, he would like to condition the project to ensure that at least one restroom facility remain open to the public during the hours of operation. Commission Castaneda stated he was disappointed to see that there are no doors from the convenience store facing the sidewalks, thereby diminishing the pedestrian- friendly concept that other commercial uses offer. He further indicated that he would like to condition the project to ensure that no type of shelving or stacking of merchandize be allowed up against the glass in order to at least give it a sense of ped estri a n- frie nd I i ness. Mr. Whipple stated this too was a concern raised during Design Review, however, it was explained that the corner is elevated from the street, therefore, the slope prohibited access from the street level. MSC (Cortes/O'Neill) (6-0) to recommend approval of the project with the additional following conditions: 1) that at least one restroom facility be opened to the public during store hours of operation, 2) that the hours of operation for the car wash and the delivery of fuel and other merchandize be limited to hours as deemed appropriate by the Director of Planning and Building, and 4) that the exterior facade of the convenience store facing the sidewalks remain open without any visual impairment into the store. Motion carried. Planning Commission Minutes - 3 - January 22, 2003 3. PUBLIC HEARING: PCC 03-30; Conditional Use Permit to construct a 1,192.5 sf detached single-family home behind an existing 737 sf single-family home at 528 Casselman Street in the R-3 Apartment Residential Zone. Background: Ms. Lopez reported that the proposal to build the home behind an existing single family home would include demolishing the existing one-car garage to be replaced by a new two-car garage in the back. The existing residence would be stuccoed and painted the same as the new residence to ensure conformity of all structures on the lot and the applicant proposes to retain existing landscaping as well as provide new landscaping throughout the lot. Staff Recommendation: That the Planning Commission adopt Resolution PCC 03-39 authorizing the construction of the second detached single family residence at 528 Casselman. Public Hearing Opened and Closed 7:00. MSC (O'NeiIl/Madrid) (6-0) that the Planning Commission adopt Resolution PCC 03-39 authorizing the construction of the second detached single family residence at 528 Casselman. Motion carried. 4. PUBLIC HEARING: 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-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 without 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. Planning Commission Minutes - 4 - January 22, 2003 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 ZA V 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. 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 came 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 stated 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 Planning Commission Minutes - 5 - January 22, 2003 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. The applicant 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 Castaneda 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 Planning Commission Minutes - 6 - January 22, 2003 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. ADJOURNMENT at 8:45 p.m. to the Planning Commission meeting of February 12, 2003. Diana Vargas, Secretary to Planning Commission PLANNING COMMISSION AGENDA STATEMENT Item No.: Meeting Date: 2119/03 1 ITEM TITLE: Public Hearing: Consideration of the Final Second Tier Environmental Impact Report (EIR 02-04) for the Otay Ranch Sectional Planning Area 12 Freeway Commercial (SPA) Plan and Conceptual Tentative Map (TM). BACKGROUND: In accordance with the requirements of the California Environmental Quality Act, a Final Second Tier ErR has been prepared to analyze the environmental impacts of the proposed Otay Ranch Village 12 Freeway Commercia] SPA Plan and Conceptual Tentative Map. This staff report discusses the general content of the Final EIR (FEIR). 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-02-04 recommending that the City Council certify that the Final Second Tier Environmental Impact Report (EIR 02-04) has been prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City ofChula Vista; making certain findings of fact; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring and Reporting Program. BOARDSICOMMISSIONS RECOMMENDATION: The Resource Conservation Commission (RCC) reviewed the Draft EIR on December 2, 2002. After reviewing and discussing the document, the RCC voted 5-0-1-0 (Commissioner Chavez abstained) to recommend the certification of the Final EIR by the City Council. The RCC did not raise any issues concerning the adequacy of the document and found the Freeway Commercial EIR to be in compliance with the California Environmental Quality Act (CEQA). The public comment period for EIR-02-04 was closed at the Planning Commission meeting of January 8, at which time no comments were received from either the public or Commission members. DISCUSSION: The Village 12 Freeway Commercial EIR evaluates the environmental effects of the proposed project and the subsequent Conceptual Tentative Map (TM). The Village 12 Freeway Commercial SPA Plan and Conceptual TM propose the construction of approximately 1.2 I __0. ,._.~.~__._~,.._~,__ _0"__ ""'_'~'_'_"_"__.'_"_'_."'__"'______'__'__ Page 2, Item No.: Meeting Date: 2/19/03 million square-feet of retaillcommercial uses on the 120 acre project site. Allowable uses pursuant to the SPA plan include retail sales, restaurants, veterinary offices, and other general commercial type uses. CEQA Compliance Because of the size, complexity of issues and extended buildout time frame of the Otay Ranch Project, both the planning and environn1ental documentation associated with Otay Ranch were tiered from the general to the specific. The first tier of planning and approvals included approval of the Final Otay Ranch GDPISRP Program EIR (90-01). The Final Program EIR for Otay Ranch was prepared and certified jointly by the City of Chu1a Vista and County of San Diego. The Program EIR for the Otay Ranch GDP was certified with the intent that the individual SPA planning projects within Otay Ranch would be reviewed as second-tier projects pursuant to Section 15153 of the California Environn1ental Quality Act (CEQA) Guidelines. The Village 12 Freeway Commercial SPA plan and TM are analyzed at a second- tier level of review (project level). The Village 12 Freeway Commercial EIR serves as a second-tier EIR to the Final Otay Ranch GDPISRP Program EIR (90-01). The Village 12 Freeway Commercial EIR incorporates by reference the City of Chula Vista General Plan EIR (EIR-88-02), tl1e Final Program EIR for the Otay Ranch General Development Plan/Sub-regional Plan EIR (ErR 90-01), and the City of Chula Sphere of Influence Final Program ElR (EIR-94-03). Comments on the Draft EIR Letters of comment were received on the Draft EIR from the following agencies and individuals: State of California, Department of Transportation - District 11 County of San Diego City of San Diego Chula Vista Elementary School District San Diego Association of Governn1ents San Diego County Archaeological Society The letters and responses are included in the Final EIR 02-04 (Attachment 2). It is important to note that the only substantive comments received during the public comment period were from the County of San Diego regarding traffic impacts to County roadways associated with the Freeway Commercial project. As discussed in the FEIR and responses to comments, potential impacts to County roads were considered and found not be significant (see comment and response No.5 on Page 11 of the ErR). All comments received concerning EIR-02-04 have been fully addressed within the Final EIR. .2. Page 3, Item No.: Meeting Date: 2/19/03 Additional Revisions to Draft EIR Revisions to the EIR made as a result of public comment have been summarized on Page 1 of the FEIR. 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. Findings of the Final EIR 02-04 The Final EIR identified a number of direct and indirect significant environmental effects (or "impacts") that would result from the proposed SPA Plan and TM. Some of these significant effects can be fully avoided through the adoption of feasible mitigation measures. Other impacts cannot be avoided by the adoption of feasible mitigation measures or feasible environmentally superior alternatives. In order to approve the proposed project, a Statement of Overriding Considerations must be adopted. The Statement of Overriding Considerations is included as a part of the proposed "Findings of Fact." Implementation of the proposed project will result in significant unmitigated impacts, which are listed below and further described in the attached Findings of Fact and Statement of Overriding Considerations (Exhibit "A" to resolution of approval of EIR-02-04). Summary of Environmental Impacts The following discussion contains a summary of the impact conclusions for the Final EIR. Project level and cumulative impacts are identified and divided into three categories: significant and unmitigated, significant and mitigated to less tl1an significant, and less than significant. Significant and Unmitigated Impacts The significant, unmitigable impacts identified in the Final EIR are either cumulative or regional in nature. Cumulative impacts are significant when the project is combined with other projects in the subregion, whereas an impact that is regional in nature is beyond the sole control of the City of Chula Vista. All of the significant cumulative impacts identified for the FC project that are discussed below were identified in the Otay Ranch Final Program GDP EIR (for which a Statement of Overriding Considerations was adopted) as significant and unmitigab1e. The conclusions remain the same and the reasons for the determination of significant and unmitigable are discussed below: Land Use (Cumulative): Implementation of tl1e proposed Village 12 Freeway Commercial SPA PlanlTM would contribute to the conversion of vacant land throughout the Otay Ranch area to urban uses. The overall loss of open space associated with the conversion of tl1e proposed Village 12 SPA, in conjunction with bui1dout of the cumulative projects, would result in a significant, cumulative and unmitigable impact. 3 Page 4, Item No.: Meeting Date: 2/19/03 Landform Alteration and Aesthetics (Cumulative): Development of the proposed Village 12 Freeway Commercial SPA PlanlTM would contribute to an overall change in visual character of the region from rural to an urban setting. The overall loss of the rural setting associated with the development of Village 12 SPA would result in a significant, cumulative and unn1itigable impact. Transportation, Circulation and Access (Cumulative): For the year 2005, significant cumulative impacts are identified for I-80S between East H Street and Telegraph Canyon Road, as well as 1-805 between Bonita Road and H Street. The mitigation for tl1ese impacts is continued freeway planning efforts by Caltrans and SANDAG to determine acceptable mitigation strategies for the regional freeway system. Freeway improvements are regional in nature and beyond the control of either a single developer or the City. Therefore, the impacts to freeways are considered cumulatively significant and cannot be fully mitigated to a level of less than significant. Air Qualitv (Cumulative): The proposed project will generate air pollutants during construction as well as during long-term operation. Pollutants in the San Diego Air Basin exceed federal and state standards, and the basin is therefore classified as non-attainn1ent. Any incremental increase in pollution, therefore, is considered a significant impact. The regional impact of the proposed project is beyond the control of the City and the applicant, and cannot be mitigated to a level less than significant. Biological Resources (Cumulative): Development of the proposed Village 12 SPA PlanlTM and elimination of agricultural fields would result in significant unn1itigab1e impacts to raptor foraging areas on a region-wide level. These impacts would be directly related to implementation of the proposed SP A/TM. Agricultural Resources (Cumulative): Development of the proposed Village 12 SPA PlanlTM would contribute to the loss of important agricultural lands throughout the Otay Ranch area. The combined conversion of open space to developed land represents a significant, cumulative and unn1itigable impact. Significant and Mitigated to Less than Significant Significant impacts were identified in the following environn1enta1 issue areas. Mitigation measures required in the EIR would reduce the significant impacts identified in tl1e following areas to less than significant. . Landform Alteration and Aesthetics . Biological Resources . GeologylSoils . Paleontological Resources . Agricultural Resources . Noise ~ Page 5, Item No.: Meeting Date: 2/19103 . Water Resources and Water Quality . Transportation, Circulation and Access Noise (project and cumulative) . Air Quality . Water Supply and Facilities . Sewer Service . Integrated Waste Management . Law Enforcement . Fire Protection Less than Significant Impacts Less than significant impacts were identified in the following environn1enta1 issue areas: . Land Use, Planning and Zoning . Noise . Agriculture . Cultural Resources . Geology and Soils . Gas/E1ectric Service Conclusions: At the time the Program EIR (90-01) was certified and adopted in October 1993, the City Council and the County Board of Supervisors jointly determined that substantial social, environn1ental and economic benefits of the Otay Ranch project outweighed the significant and unn1itigable impacts associated with the project and a Statement of Overriding Considerations for the Otay Ranch project was approved. The proposed Village 12/Freeway Commercial SPAlTM implements the same vision of the Otay Ranch GDP, which was comprehensively and carefully considered at that time. All feasible mitigation measures with respect to project impacts for the Village 12 Freeway Commercial SPA/TM have been included in the Final EIR (see Mitigation Monitoring and Reporting Program in Exhibit" B" to resolution of approval of EIR-02-04). As described above, the Village 12 project will result in unmitigab1e impacts that would remain significant after the application of these measures; therefore in order to approve the project, the City Council must adopt a Statement of Overriding Considerations pursuant to CEQA Guidelines Sections 15043 and 15093 (see Section XII the CEQA Findings). The City has examined a reasonable range of alternatives to the proposed project, otl1er than the proposed project described in the Final EIR. Based on tl1is examination, the City has determined that neither of the alternatives meets the project objectives, or is environn1entally superior to the project (see Section XI of the CEQA Findings). s Page 6, Item No.: Meeting Date: 2/19/03 Staff believes that the Final EIR meets the requirements of the California Environmental Quality Act and, therefore, recommends that the City Council find that the Final EIR has been completed in compliance with CEQA and adopt the Draft Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program attached to this staff report FISCAL IMPACT: The preparation and processing of the EIR is covered by the applicant's deposit account. Attachments 1. Planning Commission Resolution EIR 02-04 Exhibit A - Findings of Fact and Statement of Overriding Considerations Exhibit B - Mitigation Monitoring and Reporting Program 2. Final EIR 02-04 (previously provided to Commissioners) 3. RCC and Planning Commission minutes regarding EIR-02-04 1 :planning\steve\environmental\freewaycommercial\eirreview\ v 12pceiragendastatement to 4T1AcHM~jJT 1 RESOLUTION NO. EIR 02-04 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR 02-04) FOR THE OTAY RANCH VILLAGE TWELVE FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN AND CONCEPTUAL TENTATIVE MAP; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, McMillin Land Development, submitted an application requesting approvals of a Sectional Planning Area (SPA) Plan and Conceptual Tentative Map for the Otay Ranch Village 12 Freeway Commercial ("Project"); and WHEREAS, a Draft EIR 02-04 for the Otay Ranch Village 12 Freeway Commercial SPA and Conceptual Tentative Map was issued for public review on November 22, 2002 and was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Draft EIR 02-04 on January 8, 2003 to close the public review period; and WHEREAS, a Final Environmental Impact Report (FEIR 02-04) was prepared on the Village 12 Freeway Commercial Sectional Planning Area Plan; and WHEREAS, The Village 12 Freeway Commercial EIR serves as a second-tier EIR to the Final Otay Ranch GDP/SRP Program EIR (90-01). FEIR 02-04 incorporates by reference the City of Chula Vista General Plan EIR (EIR-88-02), the Final Program EIR for the Otay Ranch General Development Plan/Sub-regional Plan EIR (EIR 90-01), and the City of Chula Sphere of Influence Final Program EIR (EIR-94-03); and WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the Project, dated February 14, 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 02-04 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 information 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 / Attachment 1 Mitigation Monitoring and Reporting ProgTam 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 02-04 held on January 8, 2003 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record ofthis 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. FEIR 02-04 CONTENTS That the FEIR 02-04 consists of the following: 1. Second Tier EIR for the Village Twelve Freeway Commercial SPA Plan (including technical appendices); and 2. Comments and Responses (An hereafter collectively referred to as "FEIR 02-04") III. ACCOMPANYING DOCUMENTS TO FEIR 02-04 1. Mitigation Monitoring and Reporting Program; and 2. Findings of Fact and Statement of Overriding Considerations IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Planning Commission does hereby find that FEIR 02-04, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting ProgTam (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 ofCEQA (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. 7 V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION That the Planning Commission finds that the FEIR 02-04 reflects the independent judgment of the City ofChula Vista Planning Commission. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The Planning Commission does hereby approve, accepts as its own, incorporate as if set forth in full herein, and make each and every one 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. Statement of Overriding Considerations Even after the adoption of all feasible mltJgation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the Planning Commission of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "A," a copy of which is on file in the office of the City Clerk, identifying the specific economic, social and other considerations that render the unavoidable significant adverse environn1ental effects acceptable. C. Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 02-04 and in the Findings of Fact 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 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. D. Infeasibility of Alternatives As more fully identified and set forth in FEIR 02-04 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 9 Commission hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified in FEIR-02-04, were not found to reduce impacts to a less than significant level or meet the project objectives. E. 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 permitteelproject 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 Program. VII. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chu1a 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 Council that FEIR-02-04, the Findings of Fact and Statement of Overriding Considerations (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 of CEQA (Pub. Resources Code, 921000 et seq.), CEQA Guidelines (California Code Regs. Title 14 915000 et seq.), and the Environmental Review Procedures of the City of Chula Vista and therefore, should be certified. BE IT FURTHER RESOLVED 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 February 19,2003, by the following vote, to-wit: 10 AYES: NOES: ABSENT: ABSTENTIONS: Diana Vargas Secretary to Planning Commission Russ Hal1, Chairman II Arr~Me-1JI 2.. Attachment 2 (Final EIR-02-04) was previously provided To Planning Commissioners /...l. RCC Minutes -4 - AT11/i!;tl~f!dT -3 MSC (Chavez/Reid) to approve staffs' recommendation. Vote: (5-0-1-0) with Diaz abstaining because he resides within 500 feet of the project. MSC (Bensoussan/Chavez) to recommend to the DRC that in considering the design of the project they be aware that the site is a gateway to the historic core of the City and; therefore, landscaping should be heavily used to buffer the "big box" design. Vote: (5-0-1-0) with Diaz abstaining because he resides within 500 feet of the project. 3. EIR-02-04 - Otay Ranch Freeway Commercial Commissioner Chavez recused himself from this item because of his employment and conflict of interest. Ms. Danielle Putnam (RBF Consulting, 9755 Clairemont Mesa Blvd., Suite 100, San Diego, CA 92124) reported that this project consists of approximately 133 acres. It is designated in the Otay Ranch General Development Plan as an auto-oriented freeway commercial that does include big boxes. It is planned for approximately 1.2 million square feet of retail use. The development will occur in four phases over a maximum of 5 years. The property does have two different landowners: McMillin (the project applicant) and Otay Ranch Company. There are two internal streets that serve the project. There are supposed to be two transit lines serving the project area. Staff has been working very closely with MTDB. Ms. Putnam described the site plan for the Freeway Commercial. Mr. Steve Power (Environmental Projects Manager) gave a PowerPoint presentation on the Otay Ranch Freeway Commercial Environmental Impact Report (EIR). The project site consists primarily of agricultural .fields that are highly disturbed. There is nothing of significant biological value. The EIR looked at 13 issues. Of those issues, nine are significant and require mitigation, The primary issue is traffic, the impact of which would be mitigated to below a level of significance. Chair Thomas voiced concerns regarding geology, water and solid waste. Mr. AI-Agha and Ms. Ponseggi responded to her concerns. They also referred Chair Thomas to specific pages in the EIR that dealt with the issues of her concerns. MSC (Diaz/Reid) that the EIR has been found adequate and to recommend certification by the appropriate decision making bodies. Vote: (5-0-1-0) with Chavez abstaining. Commissioner Chavez returned to the meeting. 4. MSCP Subarea Plan Ms. Mary Ladlana (Environmental Projects Manager) presented a brief report on the City's Multiple Species Conservation Program (MSCP) Subarea Plan and Supplemental EIRI Environmental Assessment (EIR/EA). Due to the length of time that had passed since the RCC last saw the MSCP, Ms. Ladiana gave a brief background of the draft MSCP. Additional documents were prepared such as an implementing agreement, implementing ordinances and General Plan Amendment. The MSCP is a comprehensive long-term habitat conservation program that addresses the habitat needs of sensitive plant and animal /3 Attachment 3 Exhibit B to Resolution 02-04 OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN MITIGATION MONITORING REPORTING PROGRAM Introduction This Mitigation Monitoring Reporting Program (MMRP) was prepared for the City of Chula Vista for the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan to comply with Assembly Bill 3180, which requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. This monitoring program is dynamic in that it will undergo changes as additional mitigation measures are identified and additional conditions are placed on the project throughout the project approval process. This monitoring program will serve a dual purpose of verifying completion of the mitigation measures for the proposed project and generating information on the effectiveness of the mitigation measures to guide future decisions. The program includes the following: . Monitoring team qualifications . Specific monitoring activities . Reporting system . Criteria for evaluating the success of the mitigation measures The proposed project is the adoption of a SPA Plan for the Freeway Commercial portion of Planning Area 12 of the Otay Ranch General Development Plan (GDP). It includes an evaluation of one Conceptual Tentative Map on the southern portion of the site. The Otay Ranch GDP defines the Freeway Commercial site as a regional use that requires an automobile orientation near regional transportation systems, with expected uses that would include thoroughfare commercial, visitor commercial, and regionally oriented retail commercial uses. The proposed Freeway Commercial SPA Plan would allow for the development of a total of 1,215,000 square feet of commercial uses on the 132.9-acre parcel. The project site also allows for a light rail alignment or other transit way and a station site to be reserved for the San Diego Trolley, with a park-and-ride component for commuter parking in the commercial area. The project site also includes room for street rights-of-way and a 75' enhancement buffer to be used for landscaping along the exterior boundaries of the project. The EIR, incorporated herein as referenced, focused on issues determined to be potentially significant by the City of Chula Vista. The issues addressed in the EIR include land use, planning, and zoning, landform alteration and aesthetics, transportation, circulation, and access, air quality, noise, cultural resources, paleontological resources, biological resources, agricultural Page 1 Exhibit B to Resolution EIR-02-04 resources, hydrology and drainage, geology and soils, public services and utilitieslcompliance with City Thresholds and Standards Policy, and hazards and hazardous materials. The environmental analysis concluded that for all of the environmental issues discussed, some of the significant and potentially significant impacts could be avoided or reduced through implementation ofrecommended mitigation measures. Potentially significant impacts requiring mitigation include all of the above issues. No mitigation is required for the issue of cultural resources because no cultural resources were identified on the project site. Assembly Bill 3180 requires monitoring of only those impacts identified as significant or potentially significant. The monitoring program for the Freeway Commercial SPA Plan therefore addresses the impacts associated with only the issue areas identified above. Mitigation Monitoring Team A monitoring team should be identified once the mitigation measures have been adopted as conditions of approval by the Chula Vista City Council. Managing the team would be the responsibility of the Mitigation Monitor (MM). The monitoring activities would be accomplished by Environmental Monitors (EMs), Environmental Specialists (ESs), and the MM. While specific qualifications should be determined by the City of Chula Vista, the monitoring team should possess the following capabilities: . Interpersonal, decision-making, and management skills with demonstrated experience in working under trying field circumstances; . Knowledge of and appreciation for the general environmental attributes and special features found in the proj ect area; . Knowledge of the types of environmental impacts associated with construction of cost- effective mitigation options; and . Excellent communication skills. The responsibilities of the MM throughout the monitoring effort include the following: . Implement and manage the monitoring program; . Provide quality control for the site-development monitoring; . Administrate and prepare daily logs, status reports, compliance reports, and the final construction monitoring; . Act as a liaison between the City of Chula Vista and the applicant's contractors; Page 2 . Monitor on-site, day-to-day construction activities, including the direction of EMs and ESs in the understanding of all permit conditions, site-specific project requirements, construction schedules, and environmental quality control effort; . Ensure contractor knowledge of and compliance with all appropriate permit conditions; . Review all construction impact mitigation and, if need be, modify existing mitigation or proposed additional mitigation; . Have the authority to require correction of observed activities that violate project environmental conditions or that represent unsafe or dangerous conditions, and; . Maintain prompt and regular communication with the on-site EMs and ESs and personnel responsible for contractor performance and permit compliance. The primary role of the Environmental Monitors is to serve as an extension of the MM in performing the quality control functions at the construction sites. Their responsibilities and functions are to: . Maintain a working knowledge of the Freeway Commercial permit conditions, contract documents, construction schedules, and any special mitigation requirements for his or her assigned construction area; . Assist the MM and the applicant's construction contractors in coordinating with City of Chula Vista compliance activities; . Observe construction activities for compliance with the City of Chula Vista permit conditions, and; . Provide frequent verbal briefings to the MM and construction personnel, and assist the MM as necessary in preparing status reports. The primary role of the Environmental Specialists is to provide expertise when environmentally sensitive issues occur throughout the development phases of project implementation and to provide direction for mitigation. Program Procedural Guidelines Prior to any construction activities, meetings should take place between all the parties involved to initiate the monitoring program and to establish the responsibility and authority of the participants. Mitigation measures that need to be defined in greater detail will be addressed prior to any project plan approvals in follow-up meetings designed to discuss specific monitoring effects. Page 3 An effective reporting system must be established prior to any monitoring efforts. All parties involved must have a clear understanding of the mitigation measures as adopted, and these mitigations must be distributed to the participants of the monitoring effort. Those that would have a complete list of all the mitigation measures adopted by the City of Chula Vista would include the City of Chula Vista, the project applicant, the MM, and the construction crew supervisor. The MM would distribute to each Environmental Monitor and Environmental Specialist a specific list of mitigation measures that pertain to his or her monitoring tasks and the appropriate time frame that these mitigations are anticipated to be implemented. In addition to the list of mitigation measures, the monitors will have mitigation monitoring report (MMR) forms, with each mitigation measure written out on the top of the form. Below the stated mitigation measure, the form will have a series of questions addressing the effectiveness of the mitigation measure. The monitors shall complete the MMR and file it with the MM following the monitoring activity. The MM will then include the conclusions of the MMR into an interim and final comprehensive construction report to be submitted to the City of Chula Vista. This report will describe the major accomplishments of the monitoring program, summarize problems encountered in achieving the goals of the program, evaluate solutions developed to overcome problems, and provide a list of recommendations for future monitoring programs. In addition, and if appropriate, each EM or ES will be required to fill out and submit a daily log report to the MM. The daily log report will be used to record and account for the monitoring activities of the monitor. Weekly and/or monthly status report, as determined appropriate, will be generated from the daily logs and compliance reports and will include supplemental material (i.e., memoranda, telephone logs, and letters). This type of feedback is essential for the City of Chula Vista to confirm the implementation and effectiveness of the mitigation measures imposed on the project. Actions in Case of Noncompliance There are generally three separate categories of noncompliance associated with the adopted conditions of approval: . Noncompliance requiring an immediate halt to a specific task or piece of equipment; . Infraction that warrants an immediate corrective action but does not result in work or task delay, and; . Infraction that does not warrant immediate corrective action and results in no work or task delay. In each case, the MM would notify the applicant's contractor and the City of Chula Vista of the noncompliance, and an MMR would be filed with the MM on a daily basis. Page 4 There are a number of options the City of Chula Vista may use to enforce this program should noncompliance continue. Some methods commonly used by other lead agencies include "stop work" orders, fines and penalties (civil), restitution, permit revocations, citations, and injunctions. It is essential that all parties involved in the program understand the authority and responsibility of the on-site monitors. Decisions regarding actions in case of noncompliance are the responsibility of the City of Chula Vista. SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES The following table summarizes the potentially significant project impacts and lists the associated mitigation measures and the monitoring efforts necessary to ensure that the measures are properly implemented. All the mitigation measures identified in the EIR are recommended as conditions of project approval and are stated herein in language appropriate for such conditions. 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N ~ - - - ....... - ~ ".; ~ ".; ....".; ".; y PLANNING COMMISSION AGENDA STATEMENT Item: ;( Meeting Date: 02/19101 ITEM TITLE: PUBLIC HEARING: PCM 99-08; Consideration of a Sectional Planning Area (SPA) Plan and supporting regulatory documents including Planned Community District Regulations, Design Plan, and Public Facilities Finance Plan for "Otay Ranch, Planning Area 12 - Freeway Commercial" Applicant: McMillin Otay Ranch, LLC McMillin Otay Ranch, LLC has submitted an application requesting approval of a Sectional Planning Area (SPA) Plan and associated regulatory documents for Planning Area (PA) - 12 Freeway Commercial in Otay Ranch. PA 12 - Freeway Commercial is located in tl1e northeastern portion of the Otay Valley Parcel, specifically east of the future alignment of State Route (SR)-125, south of Olympic Parkway, north of the future alignment of Birch Road, and west of tl1e future alignn1ent of EastLake Parkway. The City's Environn1ental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment; therefore, a Final Second Tier Environn1ental Impact Report (Final EIR 04-02) has been prepared. Certification of the Final Second Tier Environn1ental Impact Report for this project will be considered by the City Council as a separate item. RECOMMENDATION: That the Planning Commission adopt: . Resolution No. PCM 99-08 recommending that the City Council adopt the PA 12 - Freeway Commercial Sectional Planning Area (SPA) Plan and supporting regulatory documents including the Design Plan, Public Facilities Finance Plan, Air Quality Improvement Plan, Water Conservation Plan, and Non-Renewable Energy Conservation Plan, and adopt an Ordinance approving the Planned Community District Regulations in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION: NI A DISCUSSION: In October 1993, the City Council and County Board of Supervisors jointly approved the Otay Ranch General Development Plan (GDP)/Subregional Plan for the 23,OOO-acre Otay Ranch, including Planning Area 12, which was comprised of the 289-acre Eastern Urban Center and the approximately 106.2-acre Freeway Commercial. While the GDP required a SPA Plan be prepared for an entire planning area, the June 4, 1996 GDP amendment authorized preparation of a separate SPA Plan for the Freeway Commercial area of the Planning Area 12. The Otay Ranch GDP was subsequently amended in 200 I in conjunction with the approval of the SPA Plan for ~-I Page 2, Item: Meeting Date: 07/19/01 Village Eleven. This amendment separated the statistics for the EUC and Freeway Commercial portions of PA 12 and revised the map to reflect Village boundary adjustments and modified perimeter road alignments. The GDP (as amended in 2001) authorizes 110.2 acres of commercial use, with open space use and arterial roadway use, for a total 134.5 acres of Freeway Commercial. The amendment laid out the circulation system and defined the village boundaries for the Otay Valley Parcel including PA l2's Eastern Urban Center and Freeway Commercial. The GDP does not separately reference the Freeway Commercial component of PAI2, but provides a general description as: "The Freeway Commercial area provides for a mixture of uses suitable for, and dependent on, direct highway exposure, including large-scale uses which require site primarily served by vehicular access." The PA 12 - Freeway Commercial area is divided into two parcels with two separate owners. McMillin Otay Ranch LLC owns approximately 86.1 acres in the southern portion (identified as FC-1) and Otay Ranch Company owns approximately 34.4 acres in the northern portion (identified as FC-2). The SPA Plan process initially included both property owners, but the Otay Ranch Company notified the City that they would no longer actively participate in the planning processing for the Freeway Commercial. While costs were initially shared, McMillin has financed the final preparation of the SPA Plan, PFFP and EIR. The need remains for the ownership parties to coordinate future development. a. Fxistinr Slt~ rht1ractp.r1stlc.s The Freeway Commercial site, located at the northeastern section of the Otay Valley Parcel of the Otay Ranch, consists of 132.9 acres of land characterized by fairly flat mesa tops and gently rolling hills. A natural gently sloping canyon is in the central part of the property and heads west toward Poggi Canyon. The near fully developed community of EastLake Greens and the EastLake "Land Swap" area are located directly to the north of the Project adjacent to Olympic Parkway. Other villages and planning areas of the Otay Ranch GDP bound the FC site. Village 6 is located to the west, separated by the future alignment of SR-125; Village 11 is located to the east, across the future extension of Eastlake Parkway; and the future EUC is located to the south across future Birch Road. b. Generol Pion, Zoning ond T ond Use The City's General Plan and Otay Ranch GDP designated the land within tl1e Otay Valley Parcel for urban villages tl1at are transit -oriented and pedestrian friendly. Otay Ranch residential villages are intended to contain higher residential densities and a variety of mixed- uses in the "Village Cores", including commercial shops and services essential to meet the day-to-day needs of the village residents. The GDP, however, also set aside Planning Area 12 for large regional commercial opportunities that are excluded from the Village Core's mixed 0< -,;:{ Page 3, Item: Meeting Date: 07/19/0'\ use areas. The GDP specifically designated Freeway Commercial as a land use category for regional uses which require an automobile orientation near regional transportation systems. The GDP, which autl10rizes 134.5 acres for PA 12 - Freeway Commercial, further details the General Plan land uses shown in the following table: PLANNING AREA 12 - FREEWAY COMMERCIAL GENERAL PLAN AND GENERAL DEVELOPMENT PLAN LAND USES General Plan Land Otay Ranch GDP Chu1a Vista Existing Use Designation Land Use Municipal Land Use Cbula Vista Designation Code/Zoning Retail Freeway PC, Planned Vacant Commercial Communi tv The Otay Ranch is zoned Planned Community (PC) as are other master planned communities. Land development regulations are contained in the Planned Community (PC) District Regulations within each master planned community SPA Plan, along with a zoning boundary map that designates a zone for each neighborhood. The Freeway Commercial SPA Plan Zoning District Map (Exhibit PC-1 in the SPA Binder) identifies a single zoning district for the FC project, "FC - Freeway Commercial". The GDP's land use design, character and policies section [Part II, Ch. 1, D.3.b.] for the Freeway Commercial states: 'The rreeway commercial area provides for a mixture of uses suitable for, and dependent on, direct highway exposure, including large-scale uses which require sites primarily served by vehicular access. Typical uses permitted in the Freeway Commercial category (FC) include automobile centers; discount stores; warehouse outlets; membership clubs; and other large scale uses that require freeway exposure. Public uses such as park- and-ride and transit related services are also permitted." The GDP's Freeway Commercial policies in this section [Part II, Ch. 1, D.3.b.] are as follows: . The actual amount and location of rreeway commercial uses shall be established at the SPA level. . The rreeway commercial land use category permits rreeway-oriented, low scale buildings of three stories or less (heights will be established at the r?{ -$ Page 4, Item: Meeting Date: 0)/19/01 SPA level.) The mass of buildings shall be balanced with landscaped setbacks and landscaping within parking areas. . Setbacks, which prevent a "strip development" appearance, should be established at the SPA level. . Prepare a signage program for rreeway commercial uses concurrent with the first SPA containing rreeway commercial uses. GDP Freeway Commercial policies found in the village descriptions and policies section [Part II, Ch. 1, F.12.c.] state the foJlowing: . This category includes regional uses, which require an automobile orientation near regional transportation systems. Expected uses include thoroughfare commercial, visitor commercial and regionally oriented retail commercial. . The rreeway-oriented commercial area shall include uses such as: an auto center; membership commercial, wholesale or discount outlets and other uses which require direct rreeway exposure and serve a regional market. . Develop a signage and graphic program at the SPA level. . Reserve a park-and-ride at the transit stop at the northeast intersection of Birch Road and SR-125. . Transit line rights-of-way and trolley stopslstations shaJl be approximately located at the SPA level and will be conditioned for dedication at the Tentative Map level within the EUC and Freeway Commercial area. [as amended June 4, 1996] c. Propo""e! Pion The Sectional Planning Area (SPA) Plan for FC defines, in more detailed terms, the development parameters for the project, including the land uses, design criteria and guidelines, circulation pattern, landscaped enhancement buffers and inrrastructure requirements. The plans for FC are contained in a series of documents, including: 1) SPA Plan; 2) Planned Community District Regulations; 3) Design Plan; 4) Public Facilities Finance Plan 5) Air Quality Improvement Plan; 6) Water Conservation Plan; and 7) Non-Renewable Energy Conservation Plan (see Attachment #5, Otay Ranch Freeway Commercial SPA binder). A brief summary of each of these plans follows: SPA Plan a. Tone! TJse The Freeway Commercial proposes a total of approximately 1,215,000 square feet of commercial development to be constructed in four phases. The Freeway Commercial wiJl have five large building pads within a street network that also accommodates a transit line right-of-way, a transit ~-t/ Page 5, Item: Meeting Date: 07/1 9101 station, and a park and ride facility. The building pads will primarily be occupied by "large format" commercial uses that typically have building sizes gTeater than 25,000 square feet, but will also accommodate some smaller sized commercial uses that commonly locate in proximity to the "large format" users. Typical "large format" users include membership stores or discount outlets, such as CostCo or Home Depot, that require extensive floor area for the storage and display of merchandise. While the main focus of the Freeway Commercial is on auto-oriented trips, pedestrian design features have been included in the project once shoppers have arrived at the project. Freeway Commercial has some development constraints, which include the following: . PA 12 - Freeway Commercial is divided into two separate parcels, which are based on ownership. McMillin Otay Ranch LLC owns the southern 86.1 acres identified as parcel FC-1 while the Otay Ranch Company owns the northern 34.4 acres identified as parcel FC-2. Because of the independent ownerships, project plans have been designed and structured to allow the two parcels to develop separately but in a coordinated manner. . Topographic changes in elevation north to south across the site from the Olympic Parkway edge to the Birch Road edge (80-foot change). T and 1)", Analy.i. The SPA Plan proposes all the land uses as envisioned by the GDP. The land use plan for Freeway Commercial is consistent with the GDP's land use design, character and policies for the Freeway Commercial portion of Planning Area 12. As stated in the GDP, the actual amount and location of rreeway commercial uses is established in the SPA Plan. The proposed Planning Area 12 - Freeway Sectional Planning Area (SPA) Plan reflects a slight decrease in land area in the Project, rrom 134.5 acres to 132.9 acres. This 1.6-acre decrease is with the allowable 15 percent variance provided in the GDP implementation policies. The acreage is, therefore, consistent with GDP policies. The Planning Area 12 - Freeway Sectional Planning Area (SPA) Plan and supporting documents adequately address and are consistent with the Otay Ranch GDP policies. b. rirc.111~tion The project is surrounded on the west by the future SR-125 and on the other three sides by arterial circulation roads. Olympic Parkway, an existing 8-lane arterial is to the north; EastLake Parkway, currently under construction, is a 6-1ane arterial is to the east; and Birch Road, a 6-lane arterial is to the south. The edge condition along the arterial circulation roads is a landscaped open space within the GDP-designated 75-feet "Enhancement Buffer". Two proposed public streets, Street "A" and Street "B" form the internal circulation network. Street "A" runs through the center of the project in a north-south direction, intersecting with Olympic Parkway in the north and Birch Road in the south. Street "B" runs east/west through the southern portion of the Project (FC-2), and connects Eastlake Parkway with Street "A". The roadway alignments of the ~-~ Page 6, Item: Meeting Date: OJ /19/01 already approved adjacent Village 11 and EastLake's Village Center North directed the location of the Project's internal streets with the perimeter arterials. The Freeway Commercial Circulation Plan (see SPA Binder, Attachment #5 - Exhibit 9) details the vehicular circulation for internal streets, entries, and arterials for the Project. Pedestrian traffic, while important for the circulation in all Otay Ranch villages, is considered secondary to vehicular traffic in the Freeway Commercial; however, pedestrian design features, which were adopted with the original Otay Ranch GDP, have been implemented with the Project. Streets are designed to be narrower to reduce vehicle speeds. In addition, "traffic calming" devices such as "neckdowns" are utilized in the Freeway Commercial as significant circulation design solutions, which are promoted in the Otay Ranch, and are alternatives to the typical vehicular street system found in other planned communities. Connectivity is a prime consideration for a well-balanced circulation pattern for the Freeway Commercial and adjacent land uses. Street "A," a "Commercial Promenade Street" and transit corridor, is proposed to connect the Freeway Commercial to Olympic Parkway on the north and Birch Road on the south. Street "A" is aligned with the driveway into the EastLake Land Swap's commercial development to the north and will also connect into the future Eastern Urban Center to the south. Street "B," a "Commercial Promenade Street" is proposed to connect the Freeway Commercial to EastLake Parkway on the east and will also connect with Village 11 's Kestra1 Falls to the east. Streets "A" and "B" are classified as "Commercial Promenade Streets", which provide parallel parking spaces on both sides of the street when sight distance allows. Streets" A" and "B" have wide sidewalks and a double row of canopy trees to provide an enhanced pedestrian environment. The "neckdown" traffic calming device promotes low speeds for vehicles and present a superior design solution for the Project's internal streets. Vehicle speeds on internal circulation streets (Commercial Promenade Streets) in the Freeway Commercial will have a maximum speed limit of 25 miles per hour (mph). Pedestrian routes from public sidewalks to building locations and through the parking lots are clearly defined and have pedestrian amenities. Connectivity is provided between public sidewalks, parking areas and stores, and adjacent off-site regional paths. (;lrcll1:1tlon An~ly~is. There are three individual points of vehicular access to the Freeway Commercial -- off Olympic Parkway, EastLake Parkway, and Birch Road. Initial access to the project will be rrom Street "B" off EastLake Parkway. The traffic study has determined that 340,000 square feet of Freeway Commercial development could be built before a second access point (Street "A" to Olympic Parkway) would be needed. The Olympic Parkway access point includes constructing Street "A" ftom Olympic Parkway south to Street "B", a portion of which is located on land owned by the Otay Ranch Company. Construction of the other Streets "A" and "B" segments are triggered by rrontage requirements, i.e., when development occurs adjacent to them or by a phasing plan approved by the Directors of Engineer and Planning. Streets "A" and "B" are designed with two lanes in each direction, continuous sidewalk and parallel parking on both o1-tP Page 7, Item: Meeting Date: 07/1 9/01 sides, and a transit median to accommodate future transit. The project's traffic study sets forth a detailed circulation analysis. Three private access driveways are located off the arterials - two on EastLake Parkway and one on Birch Road. Only right-in, right-out turning movements are allowed at these private access driveways off the arterials. Internal Streets "A" and "B" provide connectivity throughout the Project and to the surrounding arterials. Several neckdowns, which decrease the parking aisles at intersections, or provide a mid-block crossing opportunity for pedestrians, promote easy pedestrian circulation. The Freeway Commercial project includes many other pedestrian-oriented design features, such as enhanced paving, shop fronts on sidewalk, seating, plazas, shade, low-scale signage, displays, and easy access to the internal pedestrian system. In addition to public sidewalks along Streets "A" and "B", a comprehensive internal pedestrian system is provided, which includes "pedestrian nodes" with special design features at regular intervals. Controlled intersections have enhanced paving and striped pedestrian "refuges" at the center of the crossing. A double row of canopy street trees is planted along the full length of Streets "A" and "B" also enhance the pedestrian experience. c. Tnmsit The proposed Transit Plan for the Freeway Commercial consists of a transit station based on the "Red Car" service concept created by the Metropolitan Transit Development Board (MTDB), which coordinates operation of transit services for the City with Chula Vista Transit. Aimed at serving short-distance trip needs (0-5 miles), the Red Car service average speeds of 20-25 miles per hour, operates with limited stops, and includes trolleys, flex trolleys, and rapid bus service. The Red Car may utilize feeder access from Blue Car Service (current City bus service). Two Red Car lines are proposed in the Freeway Commercial: 1.) Transit Route 694, which would enter the FC's Street "A" at Birch Road and turn west to Village 6 at a point running approximately along the property line between FC-l and FC-2; and 2.) Transit Route Red Car-1 would run the length of Street "A" from Birch Road to Olympic Parkway, then east along Olympic Parkway and north on EastLake Parkway to the EastLake Business Center under the new alignment proposed by the City's Transit First Program. These two routes are planned to work together to provide improved service within the local area and will complement longer trips provided by Chula Vista Transit buses and regional fixed rail. Future services from the 694 line will run along Birch Road from La Media and enter the EUC. Consistent with the GDP policy to locate transit line rights-of-way and trolley stopslstations in the Freeway Commercial area, a transit station will be sited on Street "A" immediately south of the FC-1IFC-2 property line, with park-and-ride facilities for 200 vehicles located on the east side of Street "A" on parcels FC-1 and FC-2. ~-7 Page 8, Item: Meeting Date: 07/19/01 Tr"n,it An"ly,i, The Transit Plan for the Freeway Commercial is consistent with the requirements of the SPA Plan and GDP policies, including the GDP policy addressing transit alignment and station locations in the GDP that states, "Transit line rights-of-way and trolley stopslstations shall be approximately located at the SPA level and will be conditioned for dedication at the Tentative Map level within the EUC and Freeway Commercial area." Although a GDP policy directed the park and ride to be located at Birch Road, subsequent transit route planning by the Metropolitan Transit Development Board (MTDB) has refined the location which would be best sited adjacent to the planned transit station in the center of the Project. A 24-foot wide transit corridor and an area for the transit station are provided, both which will be offered for dedication in accordance with the GDP. In addition, a park-and-ride facility for 200 vehicles is provided in close proximity to the transit station along the common boundary between parcels FC-1 and FC- 2. Site planning and subdivision of these planning areas shall provide for 143 spaces on parcel FC-1 and 57 spaces on parcel FC-2 for acquisition by MTDB. J. Plnnnprl rnmmllnity nj~frirt Rpg1Jlntinn'\ The Planned Community District Regulations will be adopted by ordinance as the zoning regulations for P A 12 - Freeway Commercial. These regulations set the development and land use standards for all property within the Proj ect for land uses, setbacks, building height, parking, landscape, lot sizes and sign regulations. The PC District Regulations reflect the policies from the GDP [Part II, Ch. 1, D.3.b.] for Planning Area 12's Freeway Commercial, which are listed below: . The actual amount and location of freeway commercial uses shall be established at the SPA level. . The freeway commercial land use category permits freeway-oriented, low scale buildings of three stories or less (heights will be established at the SPA level.) The mass of buildings shall be balanced with landscaped setbacks and landscaping within parking areas. . Setbacks, which prevent a "strip development" appearance, should be established at the SPA level. . Prepare a signage program for freeway commercial uses concurrent with the first SPA containing freeway commercial uses. The PC District regulations in the Freeway Commercial are similar to EastLake's "Village Center North" project and the "Land Swap" project, including the drive-through regulations and limits on fast food restaurants. Gas stations and car washes are allowed in the Freeway Commercial. Supermarkets are prohibited in the Freeway Commercial because of the proximity to Village 11 's ten-acre "Village Core". Staff believes that a supermarket is more important in that location to support the viability of the Village 11 core. ~-'ir Page 9, Item: Meeting Date: 07/19/01 Some of the Freeway Commercial uses will be allowed only through the Conditional Use Permit (CUP) process. These include movie theaters, restaurants with drive-through and fast-food restaurants with drive-in or drive-through. The Freeway Commercial proposes Movie Theater use, but only through the CUP process approved by the City Council. The CUP application would need to be accompanied by a market analysis to demonstrate that locating a movie theater in the FC would not negatively impact the viability or timing of similar uses in the Eastern Urban Center. Fast food restaurants with drive-through are limited to five and the drive-through ingress and egress are only allowed off internal drives. The maximum height for buildings is 35 feet; however, an increased height may be approved through the Conditional Use Permit and Design Review process. All customer parking spaces must be standard size. The building setback from the arterial streets is 75 feet, which is a landscaped buffer with trees, shrubs, and groundcover. Buildings greater than 25,000 square feet may not encroach into the landscape buffer; however, buildings less than 25,000 square feet may encroach if pedestrian- oriented amenities are provided and if the streetscape is not negatively impacted. Landscaping is required in the parking fields. Street "A" will have palms in the transit median to continue their use in other transit medians in the Eastern Territories. Light standards in pedestrian-oriented areas have a maximum height of 12 feet, while parking lot lighting may be 35 feet. Design Review and Site Plan and Architectural approval is required for all projects in the Freeway Commercial's five design review planning areas. The Freeway Commercial's PC District Regulations include sign regulations and sign standards for the project's businesses and buildings, while the Design Plan addresses the design elements of free-standing project identification signs to be located adjacent to the SR-125 freeway, intersection corners, major project entries, etc. Plannp.rl rommllnity Distriet Rp.Vlbtions Analysis The Freeway Commercial Planned Community (PC) District Regulations function as zoning regulations for the Project and include land use regulations for all uses in the SPA. The PC District Regulations are adopted by the proposed ordinance. The regulations provide for a wide range of commercial uses either by right or with approval of a conditional use permit. The PC District Regulations provide standards and regulations to guide the development of the Project. These regulations are applied in conjunction with the Freeway Commercial Design Plan. Building heights consistent with a three-story height limit are established in the SPA and the buildings masses are balanced by the landscaped 75-foot enhancement buffer, landscaping within the parking areas, landscaped medians and parkways on internal public streets, and landscaping adjacent to the buildings. The 75-foot enhancement buffer along the arterial streets avoids a 'strip development" appearance. A signage progran1 is included in the SPA's Design Plan. Reservation of a park-and-ride facility (200 vehicles) is implemented through site design requirements, which also includes a transit station site. Current transit planning envisions bus service in the transit right-of-way located in the Street "A" median. ~-7 Page 10, Item: Meeting Date: 07/19101 2. n"';gn Plan The Freeway Commercial Sectional Planning Area (SPA) Plan and supporting Design Plan implement the design guidelines trom the GDP Overall Design Plan. The Freeway Commercial Design Plan provides more detail and identifies the procedures for implementation for the Project. The GDP policies for Freeway Commercial (listed above in the PC District regulations) do not provide strong direction for Freeway Commercial design elements; however, staff worked closely with the applicant to develop guidelines that effectively address the typically problematic aspects of "large format" retail projects and centers, including large scale, bulk and massing; minimal architectural detail; lack of connectivity; and an overall lack of pedestrian orientation and consideration of the pedestrian environn1ent. Although the overall project is vehicle oriented, the site design is pedestrian-oriented. Buildings will be clustered and oriented to internal parking areas and internal circulation routes (Streets "A" and "B") rather than to arterial streets. Sidewalks are wide and have a double row of canopy street trees. Major pedestrian enhanced intersections occur at the intersection of Streets "A" and "B", on Street "A" at the transit station, and at a major intersection in parcel FC-2. The Applicant has added design features that promote pedestrian orientation, including shaded walks connecting stores and parking lots; outdoor eating and seating areas; small plazas with fountains; site furnishings; a high degree of architectural detailing (color, texture, windows); and human-scaled buildings. There is a good connectivity between public sidewalks, parking areas, and stores, and adjacent off-site regional paths. There is not a specific architectural design concept for the Freeway Commercial project. The first planning area to be designed and developed sets the overall design theme and all subsequent development must be consistent with the architectural style and elements, landscaping, and site furnishings design. The first design will be implemented through the design criteria described in the Freeway Commercial's Design Plan. f)esien Plan Analysis The purpose of the guidelines in the FC Design Plan is to guide the design of site plans, architecture and landscape architecture within the Project area. Freeway Commercial was designated as vehicle-oriented in the Otay Ranch GDP. Staff believes, however, that through improved design standards, vehicle-oriented "large format" retail projects can also provide a pedestrian-oriented environn1ent once users arrive on site. To this end, staff has worked closely with the Applicant to include these improvements. The Freeway Commercial Design Plan represents a significant advancement in design of large format (aka "big box") vehicular-oriented commercial use to meet a higher standard of design for the Project. ~-/6 Page 11, Item: Meeting Date: 0?119/O, 3. Pllhlir Fnrilitipr;: Finnnrp. Plan Planning Area 12 - Freeway Commercial includes a separate Public Facilities Finance Plan (PFFP), which implements the standards and policies for inrrastructure improvements and demands for public service. The PFFP also analyzes the Freeway Commercial development with the City Growth Management Program and Ordinance. The Freeway Commercial PFFP describes in detail the public facilities that are required for the development of 1,214,000 square feet of freeway commercial use and analyzes the phasing and thresholds for development. The intent of the PFFP is to ensure that development phasing of the Proj ect is consistent with the requirements of the City's General Plan for required public facilities and inrrastructure, as well as compliance with the City's Growth Management Ordinance. Public facilities and infrastructure such as water supply, sewer service, storm and drainage systems and roads and streets are analyzed in the development of the Project. Other public facilities and services, such as schools; police, fire and emergency services are not required in the Project, but will pay Development Impact Fees (DIF). The PFFP also evaluates the demands on public facility services based on the estimated 1,214,000 square feet of commercial square footage and phasing of development. It is estimated that the Freeway Commercial will be developed in four non-sequential phases (SPA Plan Exhibit 21 and PFFP Exhibit 14). All phasing is dependent on market conditions and subject to change. Each phase is required in the PFFP to stand on its own. Puhli" F~"ilities Fin~n"e Pl~n (PFFP) An~lysis The Freeway Commercial Project has been evaluated for implementation of public facilities, public services and inrrastructure through the Freeway Commercial Public Facilities Finance Plan. The Project has also been analyzed to ensure compliance with tl1e City's Growth Management Ordinance. Thresholds have been established to require the Applicant to provide infrastructure improvements as the Project is built out. Standards adopted by City Policy require that the Project be analyzed to determine whether the approval of the project, as conditioned, will have an adverse impact on the City's adopted threshold standards. The fiscal analysis of project revenues and expenditures conducted as part of the Freeway Commercial PFFP indicates that development of the Freeway Commercial project would generate $219,000 in revenue in the first year with expenditures of $210,000 generating a surplus of $8,200. The fiscal analysis has spread revenues across property, sales, franchise, TOT, utility and business license taxes. The model assigned expenditures for police, fire, public works and administration with no cost assigned for parks or library. The net fiscal impact remains positive through buildout of the Freeway Commercial. A review of the FEIR, Freeway Commercial PFFP and other supporting Freeway Commercial SPA documents provide evidence that the project is consistent with the adopted threshold standards of the City including the Growth Management Ordinance. An analysis of thresholds is vi-II Page 12, Item: Meeting Date: 07/19/01 contained in the environmental document EIR-02-04 and the Freeway Commercial Public Facilities Finance Plan (PFFP). 4. Air QJmlity Tmprnvpml'nt Plan On November 14, 2000, the City Council adopted the Carbon Dioxide (C02) Reduction Plan, which included implementation measures regarding transportation, energy efficient land use planning and building construction measures for new development. It was recognized that the City's effort to reduce carbon dioxide emissions from new developments are directly related to energy conservation and air quality. As a result, the City completed a pilot study in order to develop specific guidelines for the preparation of Air Quality Improvement Plans. An AQIP was prepared for the Planning Area 12 - Freeway Commercial in accordance with the final guidelines. The AQIP includes an assessment of how the project has been designed to reduce emissions as well as identify appropriate mitigation measures. The Freeway Commercial AQIP outlines project-level features that will assist in reducing air quality impacts (see Attachment 5, SPA Binder Tab). A1T QlI;.llity Tmprovemp.nt Pl;:m An~ly~is The Freeway Commercial's Air Quality Improvement Plan is consistent with the City's AQIP final guidelines. Although the Freeway Commercial project is a vehicular-oriented use, it encourages non-vehicular access and use by accommodating a transit right-of-way and transit station, providing a 200-space park-and-ride facility, and creating a pedestrian-oriented environment through various design features and design guidelines. Drive-through facilities have been limited to reduce air quality "hot spots" as required by the Otay Ranch GDP. 5. Wnfpr rnnw~rvntinn PIon Per the City's Growth Management policies for larger development projects and the Otay Ranch GDP for all implementing SPA Plans, a Water Conservation Plan (WCP) has been prepared for the Planning Area 12 - Freeway Commercial project. There are currently no formal guidelines for the preparation of the City-required WCP, so previous plans have been based primarily on State and Federal mandated water conservation measures, reflecting the requirements of the local water districts. The City has recently undertaken an effort to develop and adopt formal guidelines for the preparation and implementation of the required WCPs. Draft guidelines have been developed to assist developers in identifying the most beneficial conservation features. In addition to mandated water conservation measures, the following non-mandated water conservation measures will be implemented in the Freeway Commercial project: submeters for individual tenants, hot water pipe insulation, and ET controllers and water efficientldrought tolerant landscaping. Irrigation piping for reclaimed water will be installed for landscaping within the public rights-of-way and with the major landscaping improvements on each site. ~-/~ Page 13, Item: Meeting Date: 0?/19101 WMer rnnservM1nn P1:m An::Jlysis The Water Conservation Plan prepared for the Planning Area 12 - Freeway Commercial SPA follows the recent draft guidelines developed by the City and is consistent with GDP policies. 6. Nnn-RpHPWnhlp. Rnprgy rnnrtprvnfinH Plan The Otay Ranch GDP requires a Non-Renewable Energy Conservation Plan for each SPA to address energy conservation within each village and planning area. This plan identifies the most feasible measures to reduce the consumption of non-renewable energy through land use and community design, transit facilities and alternative transportation modes, building siting and construction techniques. Transit-oriented development and pedestrian-fiiend1y design are methods to reduce energy consumption. The Planning Area 12 - Freeway Commercial SPA has an integrated circulation system to provide transit, walking and cycling access options for customers. The SPA land use plan accommodates transit lines, a transit station, and a 200-space park-and-ride facility. Electric cart travel is permitted on the internal public streets, which have a 25 mph speed limit. Street trees and parking lot landscaping provide shade to reduce temperatures. Energy conservation features for building siting and construction are addressed in the Plan, and include lighting, heating/cooling, and recycling. Non-Renewahle Fnerpy ronservation Plan Analysis The preparation and implementation of a Non-Renewable Energy Conservation Plan for Planning Area 12 - Freeway Commercial is consistent with the goals and objectives, and policies of the Otay Ranch GDP. 7. Pnrkl\ Rprrpntinn Tr{Jil~ and nfJp.n Sp,!rp. The Freeway Commercial project does not have residential uses and will not generate a population in the area; therefore, it has no requirements to provide parks or recreation facilities. There are requirements for trail connections and open spaces. The Project's pedestrian circulation system provides access to the adjacent off-site "Village Pathway" (a 15-foot wide hardscape pathway along the south side of Birch Road) and the regional trail on Olympic Parkway. Due to the Freeway Commercial Streets "A" and "B" design speed of25 mph, electric cart travel will be accommodated. The required 75-foot enhancement buffer is also provides for on-site open space. Consistent with the requirements of the Otay Ranch Resource Management Plan, the Freeway Commercial Project must convey land to the Otay Ranch Preserve. The development of one acre of land in Otay Ranch requires a dedication of 1.188-acres of land to the Otay Ranch Preserve with the approval of each Final Subdivision Map. Pursuant to the requirements, the Freeway Commercial obligation is 157.9 acres ofland to be dedicated to the Otay Ranch Preserve. r::>i'-/,3 Page 14, Item: Meeting Date: 07/19101 P~rh"" Rec:reatlon Tral1~ and Oppn Sp::lce Analy~i~ Although parks and recreation are not required !Tom the Project, trails and open space are provided. The pedestrian circulation system provides connections to off-site adjacent Otay Ranch Village Pathway on Birch Road and the regional trail on Olympic Parkway_ The GDP requirement for 75- foot landscaped buffer has been satisfied. The requirement of land conveyance in the Project to the Otay Ranch Preserve is consistent with the requirements of the Otay Ranch Resource Management Plan. The Freeway Commercial project is not required to provide parks and recreation, but trails and open space have provided; therefore, it complies with the policies, goals and objectives of the Otay Ranch GDP and Resource Management Plan. CONCLUSION: The Planning Area 12 - Freeway Commercial project's proposed land uses, PC District regulations, and Design Plan directly implement the provisions of the Otay Ranch General Development Plan as amended and, therefore, consistent with the General Plan. Staff has concluded that the Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan, described and evaluated in this report, is consistent with the policies in the adopted Otay Ranch General Development Plan and City ofChula Vista General Plan. Staff recommends approval of the Planning Area 12 - Freeway Commercial SPA Plan and related documents. A ttachmp.nt~ I. Locator Map 2. Planning Commission Resolution (PCM-99-08) 3. Draft City Council Resolutions No. 4. Draft City Council Ordinance No. 5. Freeway Commercial SPA Plan (Binder) 6. Disclosure Statement ~-/1' ATTACHMENT 1 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \~ \ \ \Ut.\ \~\ UNO \ \ P ~\ SWA \t'C\\ \-0\ \~\ \ \ \ \ \ \ \ \ \ \ \ \ \ , i ,. ,. 1/ ,. ii ,. ,. OTIf RIfICR VlLIAIE ELEVER ,. ,. 1/ ,. ,. II ~\ EASTtRM URIAH COOER _ PCM-99-08: Otay Ranch Planning Area 12 Freeway ~ommercial: The proposed project consists of a Sectional Planning Area (SPA), for 110 acres of freeway oriented commercial which addresses land uses, intensity and development standards, public facilities, design criteria, circulation, and open space within the SPA. C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLlcANT:McMILLlN COMPANIES Proposal for a Sectional Planning Area (SPA) Plan PROJECT Freewar Commercial, Otay Ranch ADDRESS: North 0 Birch Rd, East of future SR-125, South of Olympic Pkwy, West of Eastlake Pkwy. SCAlE: FilE NUMBER: c<-/S"' NORTH No Scale PCM-99-08 J:\home\planning\cherrylc\locators\pcm 9908(rev),cdr 02,10,03 ATTACHMENT 2 RESOLUTION NO. PCM-99-08 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE PLANNING AREA 12 FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN, PLANNED COMMUNITY DISTRICT REGULATIONS AND ASSOCIATED REGULATORY DOCUMENTS FOR OTAY RANCH PLANNING AREA 12 - FREEWAY COMMERCIAL. WHEREAS, a duly verified application was filed with the City of Chula Vista Planning Department by McMillin Otay Ranch, LLC ("Applicant"), requesting approval ofthe Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) P]an and associated regulatory documents, Planned Community District Regulations. The SPA Plan also includes the Design Plan, Public Facilities Finance Plan, Air Quality Improvement Plan and Water Conservation Plan for 132.9 acres ("Project); and, WHEREAS, the area ofland which is subject matter ofthis Resolution is diagrammatically represented in Exhibit "A" and commonly known as Planning Area 12 - Freeway Commercial, and for the purpose of general description herein consists of approximately 132.9 acres located in the area bounded by the existing and future roadways of State Route (SR-) 125, Olympic Parkway, Eastlake Parkway, and Birch Road within the Otay Ranch Planned Community ("Project Site"); and, WHEREAS, the development of the Property has been the subject matter ofthe Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01 "); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment, therefore, a Second-Tier Environmental Impact Report (EIR 02-04) has been prepared; and, WHEREAS, the Planning Commission found that the Final Environmental Report (EIR 02- 04) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City ofChula Vista; and, WHEREAS, the Planning Commission found that certain environmental impacts can be mitigated to a level of less than significant, and for tl10se impacts that can not be mitigated to below a level of significance, a statement of overriding considerations has been recommended for adoption by the City Council; and, WHEREAS, for tl10se environmental impacts that can be mitigated to less than significant, as described in tl1e Final Environmental Impact Report (EIR 02-04) a Mitigation Monitoring and Reporting Program has been prepared in order to ensure that tl1e permittee/Project Applicant, and any other responsible parties implement the identified o?-/~ mitigation measures; and, WHEREAS the Planning Commission having received certain evidence on February 19, 2003, as 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-99-08 herein, and recommended that the City Council approve the Project based on certain terms and conditions; and, WHEREAS, the Planning Director 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 and 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., February 19,2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, fTom the facts presented to the Planning Commission, the Planning Commission has determined that the approval of a Sectional Planning Area (SPA) Plan for Otay Ranch Planning Area 12 - Freeway Commercial (PCM-99-08) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Otay Ranch Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) (PCM-99-08) and supporting regulatory documents including Planned Community District Regulations, Design Plan, and Public Facilities Finance Plan involving approximately 132.9 acres ofland known as "Planning Area 12 - Freeway Commercial" located in the north-central portion of the Otay Valley Parcel, between the future extension alignments of Olympic Parkway, EastLake Parkway, Birch Road and SR-125 in accordance with the findings contained in the attached City Council Resolution and that a copy of this resolution be transmitted to the owners of the property and the City Council. vof-/7 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: ABSENT: ABSTENTIONS: Russ Hall, Chair ATTEST: Diana Vargas, Secretary H:\PLANNING\Otay _ Ranch\Frwy _ Comm _ SP A \Fv.ryCml-PCM-99-08 PCRESO.doc vI-/c;I UTAY RANCH VILlAGE ElEVEN " " II ,- ii \\ IASTlRN URBAN CENTER _ PCM-99-08: Otay Ranch Planning Area 12 Freeway ~ommercial: The proposed project consists of a Sectional Planning Area (SPA), for 110 acres of freeway oriented commercial which addresses land uses, intensity and development standards, public facilities, design criteria, circulation, and open space within the SPA. CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION; C9 APPLlCANT:McMILLlN COMPANIES Proposal for a Sectional Planning Area (SPA) Plan PROJECT Freewar Commercial Otat Ranch ADDRESS: North 0 Birch Rd, East of ture SR-125, South of Olympic Pkwy, West of Eastlake Pkwy. SCALE: FilE NUMBER: c::(-/? NORTH No Scale PCM-99-08 J:lhomelplanninglcherrylcllocatorslpcm 9908(rev),cdr 02,10,03 EXHIG/T A ,,-_._~-,,--_... EXHIBIT "B" OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN CONDITIONS OF APPROVAL GENERAL PROVISIONS 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the tenn "Developer" shall also mean "Applicant". "Owners" refers to the property owners whose land is contained in the Freeway Commercial SPA Plan. 2. If any of the terms, covenants or conditions contained herein shall 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 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 from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. 3. Applicant 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 for the Project. Applicant and Owners 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 entitlements and approvals issued by the City in connection with the Project. 4. Approval of the Otay Ranch Freeway Commercial SPA Plan does not constitute approval of the final lot configurations, grading, or street designs shown within the SPA plan. Modifications must be reviewed and approved by the Director of Engineering and Director of Planning and Building, the Planning Commission and/or the City Council during the tentative subdivision map process. 5. The Applicant and Owners shall comply with all requirements, guidelines, and policies of the City of Chula Vista including, but not limited to the following: its General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan; Otay Ranch Resource Management Plan; Overall Design Plan; Otay Ranch Freeway Commercial Final Environmental Impact Report (EIR), Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan, PC District Regulations, Design Plan and supporting documents including: Freeway Commercial Public Facilities Finance Plan; and the Air Quality Improvement Plan, Water Conservation Plan, and Non- Renewable Energy Conservation Plan. 6. The Applicant and Owners_shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18146 by the City Council on October 22, 1996 ("Conveyance Agreement"). ~-;?t5 ENVIRONMENTAL 7. The Applicant and Owners shall implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 02-04 (SCH#1989010154), the candidate CEQA Findings (Exhibit --.J and Mitigation Monitoring Program (Final E1R 02-04) for this project. (Planning and Building) 8. The Applicant and Owners shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) approved by the City Council on October 28, 1993, and Phase 2 Resource Management Plan (RMP2), including the Preserve Conveyance Schedule, as approved by City Council on June 4, 1996, or as amended from time to time, and shall enter into an agreement with the City prior to the approval of the first Tentative Map for this Project, in order to implement the provisions of the Phase 2 Resource Management Plan. (Planning and Building) 9. The Applicant and Owners shall convey fee title, or upon the consent of the Preserve OwnerlManager (POM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant and Owners shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant and Owners shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each tentative map is subject to a condition that fee title shall be granted upon demand by the POM. The Applicant and Owners shall irrevocably offer for dedication to the City or its designee, fee title, upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. The Applicant and Owners shall maintain and manage the offered conveyance parcel consistent with the Phase 1 and 2 RMP guidelines until such time when the POM has accepted the conveyance parcel. (Planning and Building) 10. The Freeway Commercial project shall be inc1uded in the Preserve Maintenance District (Community Facility District 97-2) prior to the first final map and to the satisfaction of the Director of Engineering and the Director of Planning and Building. (Engineering, Planning and Building) 11. The Applicant and Owners shall obtain any necessary permits and comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife, and the U.S. Army Corps of Engineers. If required, Developer(s) shall apply for and receive a take permitlauthorization from the U.S. Department of Fish and Wildlife or comply with the approved City of Chula Vista MSCP Subarea Plan or other equivalent take permit-authorization applicable to the project. Page 2 of9 H:\PLANNING\Otay _Ranch\Frwy _ Comm_SPA \FC SPA Conditions.ENG.doc ~-;(I DESIGN ]2. The architectural style of the four Design Review Planning Areas shall be compatible and consistent with each other. While variation is encouraged for individual identity of each Planning Area, the four Planning Areas shall be consistent in building scale, proportions, mass and form; building and roofing materials and colors; lighting; and hardscape and landscape design and materials. Applicants shall prepare plans for Design Review Committee analysis that will enable the Design Review Committee to find that these plans are consistent with the Freeway Commercial SPA Design Guidelines. Rear elevations adjacent to public right-of-way or adjacent property shall have architectural treatment consistent with the front elevations. 13. Design features that promote pedestrian circulation shall be promoted over auto-oriented design. Pedestrian enhanced intersections shall be provided at all controlled intersections within the projects to the satisfaction of the Director of Engineering and Director of Planning and Building. Enhancements shall include enhanced paving in pedestrian crosswalks, neckdowns, and other traffic calming measures. 14. Public spaces in the form of plazas or squares shall be provided in each Design Review Planning Area. 15. The Applicants and Owners shall 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. Street trees, which have been selected from the revised list of appropriate tree species described in the Freeway Commercial Design Plan, Freeway Commercial SPA Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and Director of Public Works. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street improvement plans that show the location of all futures street trees, which will be subject to the review and approval of the Director Building and Park Construction and the Director of Planning and Building. Applicant(s) will maintain street tree identification staked in location as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan, including mailbox locations, shall be submitted for review and subject to the approval of the Director of Planning and Building and the Director of Engineering prior to or concurrcnt with the second submittal of street improvement plans within the project. Approval of the street trec improvement plans shall constitute final approval of the selection of street trees for the street parkways. (Planning and Building, Engineering, Building and Park Construction. 16. Applicant(s) shall provide a 200-space Park-and-Ride facility in the Green and Dark Yellow Design Review Planning Areas adjacent to the Transit Station, with the number of spaces provided by each Applicant(s) to be based on proportion of property ownership. Applicant(s) shall provide safe convenient access for pedestrians to travel between the Transit Station and the Park-and-Ride facility The exact location, configuration, maintenance responsibility and ownership of the Park and Ride facility shall be defined in the first appropriate tentative map and condition and to the satisfaction of the Director Page 3 of9 11:\PI.ANNING\Otay _Ranch\Frwy _ Comm_ SPA \FC SPA CooditioDS.ENG.doc ~-;(.:( of Engineering, the Director of Planning and Building, and the Metropolitan Transit Development Board. PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING 17. The Applicant and Owners shall provide a conceptual design and depict locations of neck-downs or other traffic-calming designs at controlled intersections described and depicted in the Freeway Commercial SPA Plan at Streets "A" and "B" for review and approval by the Director of Engineering and Director of Planning and Building prior to approval of the appropriate tentative map for the project. 18, The Applicant and Owners shall comply with the Fire Department's codes and policies for Fire Prevention, as amended from time to time. 19. The Applicant and Owners shall obtain approval from the Director of Engineering and the Director of Planning and Building for all proposed street names within the project prior to the approval of the Tentative Map. Approved street names shall be shown on Tentative Map. 20. The Applicant and Owners shall provide the water and recycled water improvements in accordance with the SAMP or as an1ended by the Applicant and Owners and approved by Otay Water District and the City. The SAMP shall be consistent with the Freeway Commercial SPA Plan. The Applicant and Owners shall be responsible for obtaining the approval of any amendment to the Freeway Commercial SPA SAMP in order for the Freeway Commercial SPA SAMP to be consistent with the approved SPA Plan prior to the approval of the first final map for the Project. 21. Prior to approval of each tentative map and/or site plan by the Design Review Committee, whichever occurs first, Applicant and Owners shall demonstrate compliance with the City of Chula Vista Storm Water and Discharge Control Ordinance and the National Pollutant Discharge Elimination System (NPDES) Municipal Permit and the City of Chula Vista SUSMP. Applicant and Owners shall obtain the approval of the Director of Engineering ofa report that includes the following elements: a. Description of project characteristics, site conditions, and flow patterns, pollutants emanating from the project site, and conditions of concern. b. Description of site design and source control BMPs considered and to be implemented. c. Description of applicable treatment control BMPs considered and to be implemented to reduce or treat the identified pollutants. Treatment control BMPs may be selected from those post-construction BMPs analyzed in the Water Quality Report prepared by Rick Engineering or similar type ofBMPs as approved by the City Engineer. d. Justification for selection of the proposed treatment control BMP(s) including 1) targeted pollutants, justification, and alternative analysis, 2) design criteria (including calculations), 3) pollutants removal information (other than vendors specifications), and 4) literature references. e. Site plan depicting locations of the proposed treatment control BMPs; and Page 4 of9 H:\PLANNING\Otay_Ranch\Fnvy _ Comm_SPA \FC SPA ConditionS.ENG.doc ~-,(3 f. Operation and maintenance plan for the proposed treatment control BMPs. (Engineering) 23. The following modifications shall be made to Section III. Mobility-D.Street Standards- Commercial Promenade Street in page III-I 0 be revised as follows: a. The Commercial Promenade Street is a modified Otay Ranch Transit Village Entry/Village Entry Street. It has been modified to accommodate a transit corridor in a median, pedestrian enhanced parkways, expanded provisions for travel and turn lanes, on-street parking, and other pedestrian features described in this SPA Plan and the Freeway Commercial Design Plan. b. The Commercial Promenade shall meet the adopted Otay Ranch-Transit Village EntrylVillage Entry standards to the satisfaction of the Director of Engineering with the exception that the design speed shall be 25 mph and dimensions as modified by the Street Section provided herein as Exhibits 14 and 15. Parking on this facility will be allowed as determined by the Director of Engineering subject to sight distance requirements. c. The section of the Commercial Promenade Street varies by location within the project to accommodate transit facilities and adequate turn pockets. Additionally, all details of the Commercial Promenade Streets wilJ be subject to approval by the Director of Engineering at the tentative map and final design stages to ensure compliance with the functional and safety standards of all public streets. Typical Street Sections are provided in Exhibit 14 and 15. 24. The following language the following language be added to section VI. Development Phasing in page VI-I: a. If developer proposes multiple building permits within a Planning Area, the developer shall submit and obtain approval of a development sub-phasing plan for said Planning Area by the Director of Engineering and Director of Planning and Building prior to issuance of any building permit within said Planning Area. The sub-phasing plan shall include: b. A site plan showing the lot lines and lot numbers, the sub-phase lines and sub-phase numbers, and proposed building square footage in each sub-phase; and c. A table showing the sub-phase number, the lots included in the sub-phase and the proposed building square footage included in each sub-phase. d. Improvements, facilities and dedications to be provided with each sub-phase shall be determined by the Director of Engineering and Director of Planning and Building, however, construction of full length of the required street improvement segments as defined in Table C.lO of the PFFP shall be guaranteed with each sub-phasing plan. The City reserves the right to require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of Police and Fire Departments. The Director of Engineering and Director of Planning and Building may, Page 5 of9 H:\PLANNING\Otay _ Ranch\Fnvy _ Comm~ SPA \FC SPA Conditions_ENG.doc ~-,;('-I at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revisions(s). 25. Page 41 of the PFFP shall be deleted and page 40 of the PFFP be revised as follows: a. Prior to approval of the first Final Map for the project, developer shall enter into an agreement with the City to accomplish the following: I. Developer shall agree to construct all the street improvements identified in Table C.10 below; 2. Developer shall agree to commence construction of each specific street improvement, as indicated in Table C.l 0, prior to issuance of the building permit that triggers the cumulative Building Square Footage Triggers or prior to issuance of building permits within a Specific Planning Area in accordance with a development sub-phasing plan, approved by the Director of Engineering and Director of Planning and Building, whichever occurs earlier. In addition, developer shall agree to complete construction of said improvements within one year of commencing construction; 3. Developer shall agree to the amount of the security required by the City to guarantee the construction of each of the street improvements. In addition, developer shall agree to provide said security prior to issuance of the building permit that triggers the construction of the specific street improvement. Table C.10-Public Street Facilities Required to be Constructed by Freeway Commercial Cumulative Building Specific Planning Area Facility Description Square Triggers foota!!e Tri!!!!ers I/Phase) 12 STREET IMPROVEMENTS (Blue, Red, Green) A, 1a Eastlake Parkway 1 (Yellow) F Olympic Parkway to FC-2 Property Line Ib EastIake Parkway I (Blue, Red, Green) A FC-2 Property Line to Street B 2 Street B 1 (Blue, Red, Green) A Street A to Eastlake Parkway 3 Street A 340,000 (Blue, Green) A FC-2 Propertv Line to Street B 4 Street A 340,000 (Yellow) A, Olympic Parkway to FC-2 Property Line 5 EastIake Parkway 850,000 (Red) A Page 6 of9 H:\PLANNING\Otay _Ranch\Frny _ Corum_SPA \FC sr A Conditions.ENG_doc c/-~S- Street B to Birch Road 6 Birch Road 850,000 (Red) A Street A to Eastlake Parkwav 7 Street A 850,000 (Red, Green) A Street B to Birch Road 8 Birch Road 850,000 (Green) F Westerly SR-125 on/off ramps to Street A 9 Birch Road 850,000 13 La Media Road to Street A 10 La Media Road 850,000 13 Olympic Parkway to Birch Road Notes: 12 Roadway required for access ("An) or Fronta 13 No Specific Planning Area triggers for this street improvement. AGREEMENTS/FINANCIAL 26. The Applicant and Owners shall implement an agreement to implement the Air Quality Improvement Plan (AQIP) measures contained in the Sectional Planning Area (SPA) Plan and to comply and remain in compliance with the AQIP. Implementation Measures II.7.6 must specify the project commitment consistent with the Non-Renewable Energy Plan as follows: a. Energy efficient lighting fixtures and day lighting (skylights) systems. Use ofT8 low-mercury florescent lamps and electronic ballasts. b. Use of energy efficient heating and cooling equipment, limiting windows and use of energy management systems. c. Recycling facilities for commercial users. d. Passive solar design and building orientation. e. Use of cool roofing materials (white roof design). f. Enhanced landscaping to shade street and parking areas. g. Pedestrian routes and pedestrian oriented design features provided within the project along the internal streets. h. Bicycle and electric cart facilities. 1. A public transit right-of-way alignment, transit station and park-and-ride facility. 27. The Applicant and Owners shall implement an agreement to implement the Water Conservation Plan (WCP) measures contained in the Sectional Planning Area (SPA) Plan and to comply and remain in compliance with the WCP. Consistent with the findings of the Water Conservation Pilot study, include the following implementation measure in Section 11.8.10: a. Pressure reducing valves at all meters, set to deliver water at no higher than 60 psI. Page 7 of9 ~-,;(~ H:\PLANNING\Otay _Ranch\Frwy_ Comm_SPA \FC SPA Conditions.ENG.doc 28. The Project shall equitably participate in any future regional impact fee program for regional facilities as defined in the GDP/SRP, should such a fee program be enacted to assist in the construction of such facilities. The Applicant and Owners shall enter into an agreement, prior to approval of the first final map for each Owner, with the City which states that the Applicant and Owners will not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. MISCELLANEOUS 29. Prior to issuance of any permit pursuant to the adopted Freeway Commercial SPA Plan, the Applicant shall submit the entire adopted document in an electronic file format acceptable to the Director of Management and Information Services. Said file shall be in the format of Microsoft Word 2000, or current version acceptable to the City of Chula Vista, at the time of the adoption of the Freeway Commercial SPA Plan. Any exhibits as part of said SPA Plan (Maps, Plans, etc.), which are not in Microsoft Word format, shall be submitted in a format acceptable to the City of Chu1a Vista, Director of Management and Information Services. 30. Within 30 days of the City Council's action on the SPA Plan documents, the Applicant shall submit to the Planning and Building Department, forty-five (45) sets of all final SPA documents, each set in a three-ring plastic binder and in a format as prescribed by City staff. PHASING 31. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP, the Applicant and Owners shall prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per tl1e adopted threshold standards, and identifying financing options for necessary facilities. 32. Each Applicant and Owner.shall file an initial master final map ("A" Map) covering each owner's respective entire ownership area within the project, which creates super block lots corresponding to the units and phasing or combination of units and phasing thereof. The master final map may contain individual lots shown on the tentative map. If said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot, which will be further subdivided. All super block lots created shall have access to a dedicated public street. Backbone facilities shall be guaranteed prior to approval of the related "A" Map. The Applicant shall secure the installation of improvements in a form and amount determined by the Director of Engineering prior to approval of the "A" Map. CODE REQUIREMENTS 33. The Applicant acknowledges that the City is in the process of amending its Growth Management Program and Ordinance, to establish updated development phasing Page 8 of9 1-J:\PLANNING\Otay _Ranch\Frv.'Y _ Comm_SP A\FC SPA Condilions.ENG.doc ~-;(7 provisions necessary to ensure compliance with adopted threshold standards. In order for the Otay Ranch Freeway Commercial SPA Project to be consistent with the City's growth management provisions, the Applicant hereby agrees to comply with all amendments to the Growth Management Program and Ordinance in order for the City to approve this Project. Said provisions shall also be included as a condition of approval of the first Tentative Map, and any subsequent tentative maps, within Freeway Commercial SPA. Page 90f9 H:\PLANNING\Otay _Ranch\Fmy _ Comm_SP A \FC SPA Conditions.ENG,doc ~-~9" ATTACHMENT 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PLANNING AREA 12 FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA), AND SUPPORTING REGULATORY DOCUMENTS INCLUDING, DESIGN PLAN, PUBLIC FACILITIES FINANCE PLAN, AIR QUALITY IMPROVEMENT PLAN, WATER CONSERVATION PLAN, AND NON- RENEWABLE ENERGY CONSERVATION PLAN WHEREAS, the property which is subject matter of this Resolution is identified as Exhibit "A" attached hereto and commonly known as Planning Area 12 - Freeway Commercial, and for the purpose of general description herein consists of approximately 132.9 acres located in the area bounded by the existing and future roadways of State Route (SR-) 125, Olympic Parkway, Eastlake Parkway, and Birch Road within the Otay Ranch Planned Community ("Project Site"); and, WHEREAS, an application for adoption of the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan, was filed with the City ofChula Vista Planning Department by the McMillan Otay Ranch, LLC ("Applicant"); and WHEREAS, the Otay Ranch Company, being joint owners of PA 12 - Freeway Commercial with the McMillin Otay Ranch, LLC, is a participant in the development and implementation ofthe Freeway Commercial SPA Plan and related documents; and WHEREAS, the application requests consideration of a Sectional Planning Area (SPA) Plan, and supporting regulatory documents including Planned Community District Regulations, Design Plan, Public Facilities Finance Plan, Air Quality Improvement Plan, Non-Renewable Energy Conservation Plan and Water Conservation Plan for 132.9 acres known as "Otay Ranch, Planning Area 12 - Freeway Commercial" located in the north- central area of the Otay Vally Parcel, between the future extension alignment of Olympic Parkway, Eastlake Parkway, Birch Road and SR-125; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment, therefore, a Second-Tier Environmental Impact Report (EIR 02-04) has been prepared; and, WHEREAS, the Planning Commission found that the Project environmental 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, and that the Mitigation Monitoring and Reporting 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 Monitoring Program; and, WHEREAS, the Planning Commission held a public hearing on said Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan (PCM-99-08) and ~-AY notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on February 19,2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on the Planning Area 12 - Freeway Commercial SPA Plan, and adopting the ordinance to approve the SPA's Planned Community District Regulations for Planning Area 12 - Freeway Commercial, namely 6:00 p.m. March 18,2003; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby 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 held on February 19, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. II. COMPLIANCE WITH CEQA The City Council found that the Project, as described and analyzed in the Second- Tier Final EIR 02-04 would have no new effects that were not examined in said Final EIR (Guideline 15168 (c)(2)). III. ACTION The City Council hereby approves the Otay Ranch, Planning Area 12 - Freeway Commercial SPA Plan and supporting regulatory documents including Planned Community District Regulations, Design Plan, Public Facilities Finance Plan, Air Quality Improvement Plan, Non-Renewable Energy Conservation Plan and Water Conservation Plan involving approximately 132.9 acres ofland known as "Otay Ranch, Planning Area 12 Freeway Commercial" based upon findings contained herein and is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL H:\PLANNING\Otay ~ Ranch\Frwy _ Comm _ SP A \SP A _ FwyCml_ CC _ Reso.doc d-.s~ The City Council found that the Planning Area 12 - Freeway Commercial SPA Final Environmental Impact Report (FEIR 02-04), identified as Exhibit "B", attached to this Resolution (PCM-99-08), and adopted thereto, reflects the independent judgment of the City Council of the City ofChula Vista. V. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council re-adopted and incorporated herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Program FEIR 90-01 and subsequent Planning Area 12 - Freeway Commercial SPA Final Environmental Impact Report (FEIR 02-04). VI. NOTICE WITH LATER ACTIVITIES The City Council gave notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the Otay Ranch GDP FEIR-90-01 and Planning Area 12 - Freeway Commercial SPA Final Environmental Impact Report (FEIR 02-04) adopted thereto, adequately describes and analyzes this project for the purposes ofCEQA [Guideline 15168 (e)). VII. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS The proposed Project is consistent with the Otay Ranch Sectional Planning Area 12 Freeway Commercial Plan for the following reasons: A. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE OT A Y RANCH GENERAL DEVELOPMENT PLAN AND THE CITY OF CHULA VISTA GENERAL PLAN. The PA 12 Freeway Commercial SPA Plan area of Otay Ranch that creates vehicular-oriented freeway commercial uses and accommodates a transit station and transit right-of-way reflects tl1e land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The PA 12 - Freeway Commercial SPA Plan and Public Facilities Finance Plan contains provisions and requirements to ensure the orderly, phased development of the Project. The Public Facilities Finance Plan specifies the public facilities required by the Freeway Commercial in order for it to H :\PLANNING\Otay _ Ranch\Fnvy _ Comm _ SP A \SP A _ F wyCml_ CC_ Reso.doc c:? - .3/ , -_.~--_._-,,_.._..__.,- -,_.- . .---.--..- -,~. --~--_.,---~--- .~_..._._._-,.._"_.,.. -.-.----.-.. function properly and not become a public burden, and also the regional facilities needed to serve it. C. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan are designed with a 75-foot landscaped enhancement buffer along adjacent arterials. The project will provide a variety of vehicle-oriented fi-eeway commercial land uses to serve nearby and regional residents and accommodates a transit station and right-of-way, as required by the Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed SPA Plan follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Planning Area 12 - Freeway Commercial Final Second-Tier Environmental Impact Report (FEIR 02-04). D. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVERALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The Planning Area 12 - Freeway Commercial SPA Plan includes on Freeway Commercial land use, which is considered appropriate for tl1e area, location, and overall planning for the area in that such uses are called for in the GDP. They have also been evaluated for their adverse land use effects on proposed surrounding development and none have been identified. The Planned District Regulations for the Freeway Commercial only allow an educational institution or recreational facility use subject to the conditional use permit process. E. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The circulation system depicted in the SPA Plan is consistent with tl1e Circulation system identified on the City's General Plan and Otay Ranch General Development Plan and contains adequate internal circulation consistent with the policies of the Otay Ranch General Development Plan and the City's General Plan. Road improvements will be constructed per the timing and threshold requirements outlined in the Planning Area 12 - Freeway Commercial SPA Plan Public Facilities Finance Plan. H :\PLANNING\Otay _ Ranch\Frwy _ Comm_ SP A \SP A _ FwyCml_ CC_ Reso.doc ,(-3~ F. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). The location ofthe proposed vehicular-oriented freeway commercial project in tl1e Planning Area 12 - Freeway Commercial is consistent with the goals and policies of tl1e Otay Ranch General Development Plan and the City's General Plan. G. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The Planning Area 12 - Freeway Commercial SPA Plan is consistent with the approved plans and regulations applicable to surrounding areas, and therefore said development can be planned and zoned in coordination and substantial compatibility with said development. The proposed Planning Area 12 - Freeway Commercial SPA Plan is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan, as amended. VIII. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto and incorporated in the Project. IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by tl1eir terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the tl1eir terms, tl1e City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of shall future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Developer or successor in interest by the City approval ofthis Resolution. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and tl1at in the event that anyone or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect. H:\PLANNING\Otay _ Ranch\Frwy _ Comm _ SP A \SP A _ FwyCml_ CC _ Rcso.doc ~-3g .--...----,.. .------.....-..... -----"-,..,.~..._- --..---.,.-..-.. -- ---....---.. ._-, Presented by Approved as to form by Robert A. Leiter Director of Planning and Building John M. Kaheny City Attorney H :\PLANNfNG\Otay _ Ranch\Frwy _ Comm _ SP A \SP A _FwyCml_ CC _ ResQ.doc ~- 3'1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PLANNING AREA 12 - FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 02-03, and is commonly known as Otay Ranch, Freeway Commercial ("Property"); and, WHEREAS, an application for adoption of the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan, was filed with the City ofChula Vista Planning Department on October 13, 1998 by The McMillin Companies ("Applicant"); and WHEREAS, the Otay Ranch Company, beingjoint owners of Freeway Commercial witl1 the McMillin Companies, is a participant in the development and implementation of the Freeway Commercial SPA Plan Planned Community District Regulations; and WHEREAS, the Otay Ranch, Freeway Commercial Sectional Planning Area (SPA) Plan, Planned Community District Regulations ("Project") are intended to ensure that the Otay Ranch Freeway Commercial SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch, Freeway Commercial area to exist in harmony within the community; and, WHEREAS, the Otay Ranch, Freeway Commercial SPA Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Freeway Commercial SPA Land Use Plan of the Otay Ranch Freeway Commercial SPA Plan; and, WHEREAS, the Otay Ranch Freeway Commercial SPA Planned Community District Regulations establish zoning regulations for the Commercial Zoning District located in Otay Ranch Freeway Commercial; and, WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment, therefore, a Second-Tier Environmental Impact Report (ErR 04-02) has been prepared; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan (PCM 99-08) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet ofthe exterior boundaries ofthe Project site at least ten days prior to the hearing; and, ,(-3~ Ordinance No. Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., February 19,2003 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project to the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL oftl1e City of Chula Vista does hereby 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 held on February 19,2003 and the minutes and resolutions resulting thererrom, are hereby incorporated into tl1e record of this proceeding. II. COMPLIANCE WITH CEQA The City Council hereby found that the Project, as described and analyzed in the Second-Tier Final EIR 04-02, and Addendum thereto, would have no new effects that were not examined in said Final ErR (Guideline 15168 (c )(2)). III. ACTION The City Council hereby adopts an Ordinance approving the Otay Ranch Freeway Commercial SPA Planned Community District Regulations, finding that they are consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and tl1at the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day rrom and after its adoption Presented by Approved as to form by Robert Leiter Planning and Building Director John M. Kaheny City Attorney J:\Planning\Otayranch\Yillage 06 SPAWilJage _6\V6 PLND COMM DlST REG CC ORDINANCE.doc H :\PLANNING\Otay _ Ranch\Frwy _ Comm _ SPA \FC _ SP A _ CC _ Ord.doc ~-3~ ATTACHMENT 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PLANNING AREA 12 - FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chu1a Vista Tract 02-03, and is commonly known as Otay Ranch, Freeway Commercial ("Property"); and, WHEREAS, an application for adoption ofthe Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan, was filed with the City ofChula Vista Planning Department on October 13, 1998 by The McMillin Companies ("Applicant"); and WHEREAS, the Otay Ranch Company, being joint owners of Freeway Commercial with the McMillin Companies, is a participant in the development and implementation of the Freeway Commercial SPA Plan Planned Community District Regulations; and WHEREAS, the Otay Ranch, Freeway Commercial Sectional Planning Area (SPA) Plan, Planned Community District Regulations ("Project") are intended to ensure that the Otay Ranch Freeway Commercial SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable tl1e amended Otay Ranch, Freeway Commercial area to exist in harmony within the community; and, WHEREAS, the Otay Ranch, Freeway Commercial SPA Planned Community District Regulations are established pursuant to Title 19 of the Chu1a Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Freeway Commercial SPA Land Use Plan of the Otay Ranch Freeway Commercial SPA Plan; and, WHEREAS, the Otay Ranch Freeway Commercial SPA Planned Community District Regulations establish zoning regulations for the Commercial Zoning District located in Otay Ranch Freeway Commercial; and, WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment, therefore, a Second-Tier Environmental Impact Report (EIR 04-02) has been prepared; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan (PCM 99-08) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries ofthe Project site at least ten days prior to the hearing; and, ~-37 --~,. .~---"-. . "'~---.,-,-_._.~,".~-_.,_.__._,--_._---_._---<_._------- '" --- Ordinance No. Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., February 19, 2003 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project to the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL ofthe City of Chu1a Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at tl1eir public hearing held on February 19,2003 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. II. COMPLIANCE WITH CEQA The City Council hereby found that the Project, as described and analyzed in the Second-Tier Final EIR 04-02, and Addendum thereto, would have no new effects that were not examined in said Final EIR (Guideline 15168 (c )(2)). III. ACTION The City Council hereby adopts an Ordinance approving the Otay Ranch Freeway Commercial SPA Planned Community District Regulations, finding that they are consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that tl1e public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. 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 Leiter Planning and Building Director John M. Kaheny City Attorney J :\Planning\Otayranch\VilJage 06 SPA \ViJlage _ 6\V6 PLND COMM DlST REG CC ORDINANCE.doc H :\PLANNING\Otay _ Ranch\Frwy _ Comm_ SP A \FC ~ $P ^_ CC _ Ord.doc ~-3g- ______". ._. _.._...__ . u __._+____.~....._,____,. ._..____ .__.__~_..______ 1l-{E crr JF CHULA VISTA DISCLOSURE STA .-MENT A I I AlHIVltN I b You are required 10 file a Statcmenl uf Disclosure of L:.Crtain ownership or financial intcrests, paymcnts, or campaign contrihulions, un all maIlers which will require discrctionary action on (he pan of the City Council, Planning Commission, and all olher official bodies. The following informalion must be discloscd: 1. List the namcs of all persons having a financial interest in the property which is the suhject of the application or the contract, e.g., owner, applicant, wntractor. suhcontractor. material supplier. Mc.Mi II I'" O~ ~~ l-LC 2. If any person' identified pursuant 10 (I) above is a corporation or partnership, lislthe names of all individuals owning morc than 10% of the shares in the corporation or owning any partnership intcrcSI in the partnership. 3. If any person' identified pursuant to (I) above is non-profit organizalion or a trust, IiSI the namcs of any person serving as director of the non-profiI organiution or as trustee or ben_eticiary or lrustOr of the trust. 4. Have you had more than 5250 worth of busincss transacled with any member of thc City staff, Boards, Commissions, Committees, and Council wiIhin the past t;"'clve months? Ycs_ No--K 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. K~ Bi(.lvV\g!W~ 6ro.. ~ H-t k:.'-'\ L-ja.W\~ ----.po0 fk-kh~ GCI. VLj C\ ~ h 6. Have you and/or your officers or agenIs, in the aggregaIe, contributed more than $1,000 to a Councilmember in the current or preceding eleclion period? Yes_ No~ If yes, state which Councilmember(s): uo.~ contractor/applicant . . . (NOTE: Atucb addilionaJ pages as Datc: \O!Blq'b . ~ is defined tU: "AllY imfil'Jdual. {inn... co-panner-ship, fOUl! VC7Ltt.ln:', llJ.JOClQtirJfl.. Jocial club, fralcnliJl orgoJii.L(won.. corporaliofl, CSlaJC, truSt, rrcdYa, syru:iicQlc, tlW and QIlY otha cou.nty, cl1)' (lJW (OU/UTY. city ln1.micipaliry, dirrncl. or uUler poliuco.l rubdil'i.sioll, or o.lIY otltcr group or combuliJfio" Ottillg as Q UJUL. ~ .,( - 37 PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 2/19/2003 -3 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 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. 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 project site has an irregular shape and is situated in the General 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 Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has prepared a Mitigated Negative Declaration for the Precise Plan proj ect. 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. 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 comer ofthe 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 comer. The DRC voted to continue the project to the January 27th workshop to allow time for the applicant and staff to address these concerns. I Page 2, Item: Meeting Date: 2/19/03 At the January 27'h 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 ofthe 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. 2. 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. 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 c-o 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 comer 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 18,300 square feet of retail and a restaurant; . A new 14,880 square feet Sav-on Drug store; ,;L Page 3, Item: Meeting Date: 2/19/03 . A new 3,475 square foot retail building that includes a drive-thru store; . A 100 square foot A TM Kiosk; . 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 18-foot right-of-way on Fourth Avenue; and A 7-foot right-of-way on Third Avenue Extension Development Standards Standards Minimum Proposed ReQuired Sav-on: 144.4 feet Starbucks: 69.10 feet Front Yard Setback 25 feet Kiosk: 8 feet* (E) BIg.: 23.2 feet* La Fuente: 22.10 feet* Ex!. Side Yard Setback None Sav-on: 10 feet In!. Side Yard Setback None None Rear Yard Setback: None Sav-on: 16.7 feet Sav-on: 31.6 feet Height: 45 feet Starbucks: 26.5 feet (E) BIg.: 22 feet La Fuente: 13.4 feet Parking: 140 spaces 128 spaces* *The Chula Vista Municipal Code (CVMe) 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 proj ect 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 8.1 states that Fourth Avenue is a major north-south connector through Central Chula Vista. -3 Page 4, Item: Meeting Date: 2/19/03 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 issue is the number of parking spaces. Section 19.56.040 ofthe CVMC indicates that a Precise Plan allows diversification and flexibility ofthe applicable development regulations for the proj ect. 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 - I 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. Based on the uses and building square footage the project does not 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. Staff believes that the applicant's shared parking proposal is a reasonable effort to address the parking requirement. Access/Circulation Access to the site will be from one major driveway along Fourth Avenue and two major driveways along the Third Avenue 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 Avenue extension . Right and left entry/exit at the "T" intersection of North Glover and the Third Avenue extension . Right exit at east bound Third Avenue 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 Avenue extension, and at the major driveway along Fourth Avenue. The minor driveway, located near the La Fuente restaurant, is a one-way exit only. r: Page 5, Item: Meeting Date: 2/19/03 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 19.36.040.2 states that the lot is allowed one freestanding sign that 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 -12 of the Design Manual states that low-profile monument signs are the preferred alternative for business identification whenever possible, and that freestanding 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. The applicant states that the pylon sign is essential for the identity of the shopping center and wants to exercise the right to use a pylon sign. 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. ATTACHMENTS I. Locator Map 2. Notice of Decision for PCM-02-05 3. Resolution PCM-02-05 4. City Council Resolution 5. Mitigated Negative Declaration/Initial Study J:\Planning\Michael\PCC Reporls\PCM-02-0S ) --~~.-,_._.._.._-_.._-----_._~----_._.,,---,,-_._..._---..-----..- ATTACHMENT 1 _-----\ " \ \ \ \, ~- _,0.\-"\ _---' V\ \ ~ ~ ~__"r\ \ \~ ..-----..-, ", \ 'I I 5' \ ,,\. ~\. \-,"',~00 \-A.' I I /1 I ',.- - \ ' -"' , ,>,<' '\ y- ~ - ----' J ------ :: / ,,~ .' '\ \ \-- ,! : [;;r> ~'i:\/',1) ....) .. ,'. ,/ ..----=-----' - '.---' \ : I' :,: _,'y' v ~, , c------ ______~ \~-' \ \ (J ~~~t0~~'\, ~~\ ~-\ \---I...J ) \z, V y:.\:.:\ ~/ '10 j~~.~ \\~Jj cd ) ~ / \?\?:~V'~~\X.\'. '/ ~ ,------ \ '<i.1j (,X), V ~ \1 /~-?\;, \.\ \~0.\X\ \~ ~,~ \ ~-r '. 1 ___________ "0 ~ \ ~~~\C0 WUv:J r", \ V 1.-------- I C. \ \..-. ..------ \ (\'r0 '--''':< c-n p, \...:=;J \ I \~ \..__------..- \ <;) \/ \\<J<X{:{)>-- _____________ \ \\ ~ \ ~I DMV ) ?J~~~~~ Target 'IJ"c, / ------ \ '\ \ \~ \ne \ r/\- V' \ \ \.~Q1,..L~_____j / \ \ '\'\' \./'- ------- '- ';; ~\ \\ \ ~\\\ \ -;------~::~./~\ ~&a:~.(.:~~~"---<-~I -L} t':_-J{:\:l1 ~~::0"''2-' ..-- #""~';V"-'7fT ~ -' . / , '--" " /" r r' \" 'r \ --1<\ \ w\ ",,- -EUCalyptus \:\~J---.-,--~--, \ ~'( i ' ,~-~- -..;,~ Park \~ \.____-c-\ ...-----c '. __('\. --', ,),..J--.~_ '~-.... ---C\ ~/'~\/'< -:-', '\'/\0..\\ ~..(\\ \) PROJr:n. '^fIY ~ \=:::~r0~ ~'\..--~i=\ \j" \~ \ 1;'11. \1'\ ,\ / ~- ,..----'r .d' ,. I \, \ ' ___ ..-nn \ \ ' --------- \" \/' S" ta-Farmly 8e5.1 en,la, \' . . \ .-/----\'LuCATtON ~3 "(':), IntJ. 'Y';:'.\ .~. \c .'-:/\ '\' \, \ t~, ----\\-::---..~ ~ y' /' ~y'\:f---~'" 1\ ''-, ~1'\4 \---""----- \ '~-'-~~..\ \/-,.:::-:, //\.__/::::c r\-- \ \ \ U \ ....J " " \ \ ,).-. I \~ _..----.\\ ,.___'1 \,-------t:-----\:.::::=\ \C~\\..-'r\\\ \ ------'~-'" .~:.\ ~\(-=-.:\ \;:\:::-~ 1 ......J \ .J. I 1 I I...J.---'" ,---- \ -- __ -- ,,~\" /--\ ..----\ \\\ --\' ,. 1/-::-, --- ~ ~ \ \ \\\~~~~~~ ~(SD\ \\:\. \ ~\ /---------,\ /~\~ \Y '~' '6 \"~ k ~, ':-"-I \ \ \ ~ffiP: ..._-- , I 1 \ '~13 ....- ",,:-0 ..--, '- ,I I 12> . ~ ' ./ /--- \-::J ..--\-"'\ V' \ --"--- \ \ ,....;....-'"\ J.----" \ <>,D (p:p ;, \:::----, --- \---~ '/\.____1 ..-' .\ \ \ "~ \ ~ \ ----- ----- ~ ,j./ \:. \ I C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR X~~~E~~T: M.D. CHULA VISTA, LLC~ PROJECT DESCRIPTION: ~ PROJECT SEC of Fourth Ave. Proposal for new 15,176 square feet Sav-on ADDRESS: and "c" Street drugs and 1,189 square feet additional retail to SCALE: I FILE NUMBER: remaininq 8.700 square feet retail. ATTACHMENT 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 AND APPROVE PRECISE PLAN PCM-02-05 ALLOWING THE REDEVELOPMENT OF THE SHOPPING CENTER LOCATED AT THE INTERSECTION OF FOURTH AND THIRD AVENUES. 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 Ziebarth Associates ("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 held at the time and place as advertised, namely February 19, 2003, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the City Council 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 subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council and the Applicant. 7 ~.._.-~'-_."---_._----'- 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 HaIl, Chair ATTEST: Diana Vargas, Secretary J\Planning\Michael\PCC Reports\PCM-02-05 f A TT ACHMENT 3 RESOLUTION NO. PCM-02-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MITIGATED NEGATIVE DECLARATION 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 Ziebarth and Associates (Applicant); and 3. Project Description; an application for a Precise Plan WHEREAS, the project will involve (I) demolition of four eXlstmg 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 Cj 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, 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 the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. PRECISE PLAN FINDINGS 1. 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, hannonious building colors and materials, and adequate landscaping. Additionally, the off-site improvements will improve Fourth and Third Avenues. ID 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 19.56.041 states that P modifying district may be applied to areas within the city to allow the property owner and/or the city appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zones. The applicant proposes to locate the new buildings close to the existing 5,000 square foot building resulting in a cluster of buildings, and to provide small clusters of parking spaces that will enable shared parking between the uses on the site. The applicant's proposal is a reasonable effort to address the parking requirement. 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 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 ofthe General Plan. D. TERMS OF GRANT OF PERMIT The City Council hereby grants Precise Plan PCM-02-05 subject to the following conditions: Planning and Building Department I. The applicant shall install temporary erosion control devices including desilting basins, berms, hay bales, silt fences, dikes and shoring. (I 3 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. 4. The applicant shall submit the design and colors for the Kiosk 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 2001: . 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 landscape planner that will satisfy the following requirements: . Plant large-sized 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. . Provide a Water Management Plan per requirements of the 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 permits. Said sign program shall not include a pylon sign. (c:z 4 Engineering Department 8. The applicant shall install a raised median along the Third Avenue extension. 9. The following plans shall be prepared by a registered civil engineer: . Improvement . Traffic Signal . Striping . Traffic Control These plans shall be submitted to the Engineering Department for review and approval prior to the issuance of any construction permits. 10. The applicant shall submit Right-of-Way dedication documents prepared by a registered civil engineer to the Engineering Department. 11. The applicant shall relocate the traffic signal located at the southeast comer of Fourth and the Third Avenue 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. 13. Demolition Plans or any other documentation showing existing buildings shall be submitted to the Engineering Department to determine the existing fixture credits. 14. A traffic study comparing existing and future vehicle trip generation shall be submitted to the Engineering Department to compute the traffic signal fees. 15. The applicant shall contain a grading permit in accordance with the Subdivision Manual and Grading Ordinance prior to the issuance of any building permits. 16. The applicant shall incorporate in the planning project and design all post construction Best Management Practices (BMPs) selected for the proj ect in compliance with the model SUSMP requirements. The applicant shall provide all the necessary studies and reports to the satisfaction of the City Engineer demonstrating compliance with the model SUSMP. Fire Department 17. Fire Department valves and connections shall be located in the front of the building. 18. The Fire Department connection shall not be part of the back-flow device. /3 5 19. The applicant shall provide a minimum rated fire extinguisher (2A-l OBC) per 75 feet of travel distance. 20. One tire hydrant shall be provided for a water flow of 1,500 gallons pr minute. 21. Fire Department access ways through the site shall be 20' wide with a 13' 6" unobstructed vertical clearance. 22. Access roads shall meet the Chula Vista Fire Department turning radius requirement. Sweetwater Authority 23. The owner shall enter into an agreement with the Sweetwater Authority for water facility improvements. STANDARD CONDITIONS 24. 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. 25. A copy of this resolution shaH be recorded against the property. 26. Any violations of the terms and conditions of this permit shaH be ground for revocation or modification of permit. 27. The conditions of approval for this permit 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 shaH be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the Applicant shall provide the Planning Division with a recorded copy of said document. 28. 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 shaH 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. 29. This permit shall become void and ineffective if not utilized within one year ('-I 6 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. 30. Any deviation from the above noted conditions of approval shall require the approval from the City Council. 31. 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. 32. 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. 33. 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. 34. 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. I) 7 35. Buildings and landscaping shaH be maintained according to the approved plans unless modifications are approved by the City of Chula Vista. 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 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 John M. Kaheny, Director Robert A. Leiter /& 8 ATTACHMENT 4 ~~~ ~:-: ~ -------- -- - ""'"~ 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 PCM-02-05, a Precise Plan for the redevelopment of an existing shopping center. The project includes: (1) 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-tbm 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 comer at the intersection of Fourth and the Third Avenue extension in a Central Commercial, Design (C-C-D) zoning district. The Environn1ental 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 COlmnittee recommended approval of said request to the Planning Commission based upon the following findings of facts 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 ",ill not affect the existing conditions on or off the site. The proposed development is also consistent with the General Plan goal of enhancing gateways to the urban core. )7 2. The design features of the proposed renovations are consistent with, and are a cost effective method of satisfying, the Cit}' of Chula Vista Design Manual and Landscape '\Ian ual. The design features are consistent with, and are a cost effective method of satisfying, the City of Chula Vista Design Manual and Landscape Manual. The project's site layout will enhance vehicular and pedestrian circulation by clustering the buildings. The building and landscape archilectural 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 i\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: ABSTAIN: ABSENT: ATTEST: John Schmitz, Zoning Administrator Rosemarie Rice, Design Review Committee Secretary J:\PL\!'\"NING\I\IICHAEL\DRC REPORTS\PCM-02-05 DECISION /g- 2 ATTACHMENT 5 Mitigated Negative Declaration PROJECT NAME: Fourth A venue and "c" Street Commercial Center PROJECT LOCATION: Fourth Avenue and "c" Street ASSESSOR'S PARCEL NO.: 566-010-62 and 566-010-63 PROJECT APPLICANT: M.D. Chula Vista, LLC CASE NO.: IS-02-05 DATE OF DRAFT DOCUMENT: November 13, 2002 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: December 2, 2002 DATE OF FINAL DOCUMENT: A. Project Setting The project site consists of a 2.67-acre parcel located in an urbanized area in the central westem portion of the city of Chula Vista, at the southeast corner of Fourth Avenue and "c" Street/Third Avenue extension (see Exhibit A - Location Map). The site is currently developed as a commercial center comprised of 7 buildings inc1uding 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 Vehic1es Office Commercial center (large retail uses) Multifamily residences Commercial retail uses Fourth A venue and neighborhood park Northwest: South: East: West: . .' .~? B. Project Description 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 18,454 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. Iq I 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 of Initial 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 ofInitial Study public comment period. 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 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. Geophysical 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 permit. 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 wif!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 si1tation 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 si1t 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 level of significance. .;2D 2 In addition, required improvements include the relocation of the eXlstmg bus stop on Fourth A venue along the project frontage 50 feet to the south 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 traffic/circulation impacts would result from the proposed project. Noise Investigative Science and Engineering, Inc. prepared a noise study for the proposed project, dated November 4, 2002. The 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 utilized 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 ] 0 p.m. and weekend hours of 8 a.m. and 10 p.m. and is 50 dBA Leq 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 line 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 partially to fully obscured from this residential development by existing slope topography, increased landscape treatment and three-foot high parapet at the building edge roofline. According to the nois~ study, noise emissions from loading docks typically consist of movement of materials in and out of the delivery trucks, pedestrian noises and idling truck noise. According to Say-On truck delivery policy, truck deliveries are restricted to 3-5 per week and never more than one delivery during the same hour. These conditions formed the basis of the assumptions utilized in the noise study. The estimated maximum property line noise level associated with loading dock activities is 60 dBA Leq (one-hour); this noise level is the City Noise Ordinance daytime standard. Loading dock activities would therefore exceed the City Noise Ordinance nighttime noise level standard of 50 dBA Leq (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 significant loading dock noise impacts. '~i The proposed drugstore would utilize four 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. Mitigation Necessary to Avoid Significant Impacts Geophvsical 1. 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 .,:LI 4 Water/Drainage According to a preliminary drainage letter report prepared by Stuart EngIneering, Inc., dated October 1, 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 study 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 channel. Pre-construction and post-construction storm water pollution best management practices (Bt-.IPs) will be required to be incorporated into the final grading plans. Due to the size and existing condition of the project site, the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) would not be required. However, compliance with pro\'isions of the California Regional Water Quality Control Board, San Diego Region Order No. 2001-0 I 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 ]evel ofless than significance. Traffic/Circulation Existing Conditions 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. .- ~. - , Existing Conditions Plus Proposed Ptojed 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 following 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 Avenue to North Glover Avenue. . 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. ~ 3 and shoring. These measures shall be reflected on the grading and improvement plans to the satisfaction of the City Engineer. \Vater/Draina!:!e 2. Prior to the issuance of any grading permit and/or public construction permit, the City Engineer shall verify that the final grading and improvement plans comply \Yith the provisions of California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respect to construction and post-construction water quality best management practices. Noise 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 shall 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 Organizations City of Chula Vista: Marilyn R.F. Ponseggi, Planning and Building Paul Hellman, Planning and Building Maria C. Muett, Planning and Building Brad Remp, Planning and Building Duane Bazzel, Planning and Building Frank Herrera-A, Planning and Building Garry Williams, Planning and Building Clifford Swanson, Engineering Frank Rivera, Engineering Ralph Leyva, Engineering Silvester Evetovich, Engineering Majed AI-GhafTy, Engineering Justin Gipson, Fire Department Richard Preuss, Police Department - Crime Prevention ." - ,'~i Applicant: Chuck Miller, 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 ~ 5 !\oise Analysis for 4"' and C Commercial Plaza, Loading DocklHV AC Noise Assessment, prepared by Investigative Science and Engineering, Inc., November 4, 2002 Drainage Report Letter for Proposed Sav-On Drugs, 4"' Avenue and C Street, prepared by Stuart Engineering, Inc., dated October I, 2001. 3. Initial Study This envirorunental 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. Further information regarding the environmental review of this project is availab]e from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. 21~1?flW IS. Date: / ///'7'/!bZ / / Environmental Re\iew Coordinator " ~} .2'{ 6 Case No.IS-02-05 ENVIROl'.'l\IENTAL CHECKLIST FORM 1. :-lame of Proponent: M.D. Chula Vista, LLC 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth A venue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 13212 Maricotte Place San Diego, CA 92130 (858) 792-6963 4. Name of Proposal: Fourth Avenue and C Street Commercial Center 5. Date of Checklist: November 12, 2002 POIe-nli2lJy Significant Impact PoteDtiaUy Significant Unless Mitigated U:S5 than Significant Impact " Impact I. LAND USE AND PLANNING. Would rhe proposal: a) Conflict with general plan designation or zoning? o o o 181 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 soiJs or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an established communi:i;Y (includIng a low- i!1come or minority community)? o o o 181 o o o 181 o o o 181 Comments: a) The project site is zoned CCD (Central Commercial District/Precise 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. 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 Visra Mulriple Species Conservarion Program Subarea Plan Habitat Preserve area. c) The project site is neither in current agricultural production nor adjacent to property in agricultural production and contains no agricultural resources. ;x- -1- d) The proposed development of a commercial building and remodeling of an existing commercial center would not disrupt or divide an established communiry. 1\!itigation: No mitigation measures are required Potentially II. POPULATION AND HOUSING. Would Ihe Potentially Significant Less tban Signific:;ml Unless SignHic:ant No proposal: Impact Mitigated Im~ct Impact a) Cumulatively exceed official regional or local 0 0 0 t;I population projections? b) Induce substantial growth in an area either 0 0 D t;I directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastrucrure)? c) Displace existing housing, especially affordable 0 0 0 t;I 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) The 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. Potentially III. GEOPHYSICAL. Would Ihe proposal resull in or Potentially Significant less than Significant Unless Significant No expose people 10 pOlelllial impacls involving: Impact Mitigated ImP''' Impact a) Unstable earth conditions or changes in 0 0 0 t;I geologic substructures? ., b) .:.. .'~i Disruptions, displacements, compaction or 0 0 t;I 0 overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 I!I features? d) The destruction, covering or modification of 0 0 D I!I any unique geologic or physical features? e) Any increase in wind or warer erosion of soils, 0 t;I 0 0 either on or off the site? t) Changes in deposition or erosion of beach 0 0 0 t;I 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? ~ .2. g) Exposure of people or property to geologic 0 0 0 181 hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: See Mitigated Negative Declaration, Section D. Mitigation: See Mitigated Negative Declaration, Section F. Potl'ntiaUy Potentially Sij::nifacant Less than IV, WATER, Would the proposal result ill: Significant Unless Si{:nificanl No Impact Mitigalt:d Impact Impact a) Changes in absorption rates, drainage patterns, 0 0 181 0 or the rate and amount of surface runoff? b) Exposure of people or property to water related 0 0 0 181 hazards such as flooding or tidal waves? c) Discharge into surface waters or other 0 181 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 0 181 water body? e) Changes in currents, or the course of direction 0 0 0 181 of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either 0 0 0 181 through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of 0 0 0 181 groundwater? h) Impacts to groundwater quality? 0 0 0 181 i) "' Alterations to the course:..or flovi.'Of flood 0 0 0 181 waters? j) Substantial reduction in the amount of water 0 0 0 181 otherwise available for public water supplies? Comments: See Mitigated Negative Declaration, Section D. Mitigation: See Mitigated Negative Declaration, Section F. POlentially V. AIR QUALITY. Would the proposal: POlent.i:l.Uy Siptilicaat Less than Significant Un!", Significant No lropact Mitigated Imp'ct Impact a) Violate any air quality standard or contribute to 0 0 181 0 an existing or projected air quality violation? ;;27 - 3- 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? Comments: a) Grading and construction of the proposed redevelopment project would temporarily create dust and emissions associated with activity from construction equipment and vehicles. These short-term emissions are not considered significant impacts. Standard dust control measures would be implemented, including watering exposed soils 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, moisture, or temperature, or cause any change in climate, either locally or regionally? b) See V.a. above. o o ~ o o o o Ii! o o o Ii! o o o Ii! 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 the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g., sharp curves or danget'.ous inte($"ections) or incompatible uses (e.g., farm 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 oJ~ -4- Potentially Potentially Significant Less than Significant Unless Si;nificant No Impact Mitigated lmpact Impact 0 0 Ii! 0 0 0 0 Ii! 0 0 Ii! 0 0 0 0 Ii! 0 0 Ii! 0 0 0 0 Ii! o o o Ii! o o o Ii! Management Program? (An equivalent of 2-+00 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: See Iv!iti~ated Negative Declaration, Section D. Mitigation: No mitigation measures are required. VII. BIOLOGICAL RESOURCES. Would rhe proposal resulr in impacrs ro: a) Endangered, sensitive species, species of concern or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? c) Locally designated natural conununities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh. riparian and vernal pool)? e) Wildlife dispersal or migration corridors? f) Affect regional habitat preservation planning efforts? Comments: PotentiaUy' PotentiaUy Significant Less than Significant Unless Si~nificant No Impact MitiGated Impact Imp:.!cl 0 0 0 15] 0 0 0 15] 0 0 0 15] 0 0 0 15] 0 0 0 15] 0 0 0 15] a) No endangered or sensitive species, species of concern or species that are candidates for listing are present within or inunediately adjacent to the proposed development area. b) No locally designated species are present within or inunediately adjacent to the proposed development area. c) No locally designated natural conununities are present within or inunediately adjacent to the ~. ~ . 0' 1'; proposed development area.- - d) No wetland habitat is present within'or inunediately 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 City of Chula Vista Multiple Species Conservation Program Subarea Plan. Mitigation: No mitigation measures are required. ~9 - 5- .. VIII. ENERGY ..ISD !\UNERAL 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: Putcnti.llly rot{'nliaU~. Sii:nific:ant us.stb;ln SiJ;nHicant Unless Significant Impact Mitii:ated Impact 0 0 0 0 0 0 0 0 0 No Impact o o o a) The project would not conflict with any adopted energy conservation plans. b) The proposed cot1U11ercial development would be designed to meet or exceed all applicable energy efficiency regulations. There are no proposed fearures or aspects of the 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, the State of California Department of Conservation does not designate the project site for mineral resource protection. Mitigation: No mitigation measures are required. 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) The 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 flanunable brush, grass, or trees? Comments: POlentiaU)' PotentiaUy Significant Le5:<;tban Significant., Unless Si~ificanl No Impact Mitii;ated Impact ltnpact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a) There are no fearures 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 Department and County for San Diego Department of Environmental Health/Hazardous Materials Management Division. 30 - 6- b) The proposed conunercial 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 rurning 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 conunercial center. The applicant will 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 Ihe inunediate vicinity. e) The project site is fully developed and does not contain flanunable native brush, grass, or trees, and is not adjacent to such fire hazard areas. Mitigation: No mitigation measures required. a) Increases in existing noise levels? POlentially Potentially Significant ~than Significant Unless Siguifianl No Impact l\UtiC3led Impact Impact 0 Ii! 0 0 0 Ii! 0 0 X. NOISE. Would the proposal result in: b) Exposure of people to severe noise levels? Comments: See Mitigated Negative Declaration, Section D. Mitigation: See Mitigated Negative Declaration, Section F. XI. PUBLIC SERVICES. Would the pr6posal have an effect upon, or result in a need for new or altered govenzment services in any of the following areas: Potentian, SijpJificant Impact PotentiaUy Significant Un!", Mitigated LessthaJI Significant Im..a No Im..a a) Fire protection? b) Police protection? c) Schools? 0 0 0 Ii! 0 0 0 Ii! 0 0 0 Ii! 0 0 Ii! 0 0 0 0 Ii! d) Maintenance of public facilities, including roads? e) Other governmental services? Comments: 31 -7 - a) According to the Fire Department, adequate fire protection services can continue to be provided upon completion of the proposed project. The proposed commercial development would not haye a significant effect upon or result in a need for new or altered fire protection services. b) According to the 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 services. 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 following acceptance by the City; however, these improvements are consistent with current City plans and policies and would improve the performance of the local street network. e) As a private development, the proposed commercial retail center does not require the need for govemmental services. The proposed project is a commercial land use and would not have a significant effect upon or result in a need for new or expanded governmental services. Mitigation: See Mitigated Negative Declaration. Section F. XII, Thresholds. Will the proposal adversely impact the City's 17/reshold Standards? As described below, the proposed project would not adversely impact any of the seven Threshold Standards. Potentially Potentially Sienificant Less than Significant Unless Significant No Impact Mitigated Impact Impact 0 0 0 0 Potentially Potentially Significant Le:sslhan -'""J Si~ificant Unless Significant No Impact Mitigated hnpact 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 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;L - 8- Pol~nti.:.U,. Potentially Sil:nifinlnt uS5th,1n S;~nifi(ant Unless Si~nifi(ant No Impa" t-.titigalcd Imp.act Impact b) Police 0 0 GJ 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. Comments: Department. The Police threshold would continue to be met as reported by the Police Therefore, no significant impacts to police services are anticipated. !\1itigation: No mitigation measures are required. Potentially POlcnti.aUy Significant Less than Si!;:nificanl Unless Signific.ant No Impact Mitigated Impact hnp.act C) Traffic 0 0 GJ 0 1. 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 current 1991 LOS, but shall not worsen. Comments: No exceedances of the traffic thresholds would result from the proposed redevelopment of the project site. Mitigation: See Mitigated Negative Declaration, Section F. Polentially Significant Impact Potentially Significant Unless Mitigated Less than Signific:ant Impact No Impact d) Parks/Recreation The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and conununity parkland with appropriate facilities per 1,000 residents east of Interstate 805. ." ~i o o o !ill 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 Significant Imp3ct PotentiaUy Significant Unless Mitigated Less than Sienffic:ant Impact No Impact e) Drainage o o ill o The Threshold Standards require that storm water flows and volumes not 33 .9. exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: See Mitigated Negative Declaration, Section D. Mitigation: See Mitigated Negative Declaration, Section F. Potentially Signific.ant Impact POlenliaUy Significant Unless Mitigated Less thaD. Significant 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 Plants) 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. Potentially Potentially Significant '-"'<h>u Sil;nificant Unless SigniflGJlt No Impact Mitigated Impact Impact g) Water .~} 0 0 ~ 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. 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. 9f - 10 POlenliallJ XIII. UTILITIES AND SERVICE SYSTEMS. Would Pol('ntiOllly Si!:nilicant u-S!; than Sij:nilicanl Unless Si!:nific..ant No the proposal result in a need for new systems, or Impact l\filiCatcd Impact Impact substantial alterations 10 the following utilities: a) Power or natural gas? . 0 0 0 0 b) Communications systems? 0 0 0 0 c) Local or regional water treatment or 0 0 0 0 distribution facilities? d) Sewer or septic tanks? 0 0 0 0 e) Storm water drainage? 0 0 0 0 f) Solid waste disposal? 0 0 0 0 Comments: a) The project site is located within an urban area that is currently served by all necessary uti1ities and service systems. Any alterations to existing utilities and service systems and connections to such uti1ities 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 service providers and the City. No significant impact to utilities and service systems would result from the proposed project. b) See XIII.a. c) See XIII.a. Pursuant to correspondence from the Sweetwater Authority, dated August 17, 2001, the project may be serviced from existing potable water mains. d) See XIlI.a. 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 XIlI.a. 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 faci1ities 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 XIII.a. Mitigation: No mitigation measures are required. 3') -11 PotcntiaU}' Potcntial1! Sit::nif'icant Less than Sit::nificanl Unless Sit::ni!icanl '" XIV. AESTHETICS. Would the proposal: Impact Mitipll"d Impacl 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 route? c) Have a demonstrable negative aesthetic effect? 0 0 0 0 d) Create added light or glare sources that could 0 0 0 0 in~rease 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 197 . 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. b) In accordance with the City's General Plan, Fourth Avenue (from Route 54 to the Chula Vista Greenbelt) 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.. The proposed redevelopment of the project site would not have a demonstrable negailve 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, including landscaping, decorative hardscape, and street improvements, would have a positive aesthetic effect. d) Proper archilectural 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. 3r - 12 Potentially XV. CULTURAL RESOURCES. Would rhe Potenti:lll~' Si::nific::ant Less than Sij.;nil'ic::ant Unless Si::nil'iunt No proposal: Impac::t Mitij:ated lmpad Impact a) Result in the alteration of or the destruction or D D D ~ a prehistoric or historic archaeological site? b) Result in adverse physical or aesthetic effects D D D ~ to a prehistoric or historic building, structure or object? c) Have the potential to cause a physical change, D D D ~ which would affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within D D D ~ the potential impact area? e) Is the area identified on the City's General Plan D D D ~ EIR as an area of high potential for archaeological resources? Comments: a) No prehistoric or historic archaeological sites are known or expected to be present within the impact area of the proposal. See XV.e. below. b) No buildings or structures are present within the impact area of Ihe 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) 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 .a;nount of proposed excavation, the potential for impacts to archaeological resources is conside~ed to be less than significant. Mitigation: No mitigation measures are required. Potentially Significant Impact POlentialJy Signific4!nt Unless Mitigated Less than Signifacant Impact No Impact XVI. PALEONTOLOGICAL RESOURCES. Will rhe proposal resulr in rhe alrerarion of or rhe desrmcrion of paleontological resources? D D D ~ 37 -13 Comments: The project site is identified as an area of low potential for paleontological resources in the City's General Plan EIR. Based upon the low sensitivity of the 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. 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: Pot~DtialJy Potentially Significant ussth2n Significant Unless Si:;n.ificant No Impact J\(itigated lmp'ct Imp<lct 0 0 0 0 0 0 0 0 0 0 0 0 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 increase 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. .- ~; Mitigation: No mitigation measures are required. XVIII. MANDATORY FINDINGS OF SIGNIFICA1'\'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, 3g - 14 Potentially Significant Impact PoleutiaUy SigDincant U""" J\.1itigaled No lmp'ct Lesl;thao Signi.ficmt lmp'ct o o o o cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: 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 site was previously disturbed with grading for the existing center. There are no known sensitive 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 of long-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 Chula Vista Multiple Species Conservation Program Subarea Plan. The project site is currently developed. No significant short-tenn 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 o Comments: No other development projects haye been recently approved in the surrounding area, nor are there any known future projects in the ar;J that would create cumuJatively considerable impacts. No significant cumulative impacts would result rrom the proposed project. Mitigation: No mitigation measures required. d) Does the project have environmental effects which wi]] 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 conunercial land uses. Mitigation: No mitigation measures a're required. 51 - 15 XIX. PROJECT REYlSIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table 1, Mitigation Monitoring and Reporting Program Checklist, of Mitigated Negative Declaration lS-02-05. XX. AGREEMENT TO IMPLEMENT MITIGATION 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~\\~ Nu\!. r(" 200'2- ) Printed Name and Title of Property Owner (or authrze representative) Signature of Property Owner (or authorized representative) Date NnJ. (\: 7-00 L- I Date Printed Name and Title of Operator (if different from Property Owner) Date Date Signature of Operator (if different from Property Owner) XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project. involving at least one impact that is a "Potentially SignifJ!!ant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. o Hazards 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 Air Quality o Paleontological Resources . Noise o Mandatory Findings of Significance '(1) - 16 XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the 0 environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the . environment, there will not be a significant effect in this case because the TIfitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARA.TlON 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: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 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. ~~~~~~'. 11//7'./o'~ Man1yn .F. Ponseggi I" I Dafe Environmental Review Coordinator J :\Planning\MARJA \Initial Study\IS0205chklst.doc ~~ 'f'i Page - 17 A TTACHMEl"T "A" MITIGA TION MONITORING AND REPORTING PROGRAM (MMRP) 4[h Avenue and "C" Street Commercial Center RemodelinR - IS-02-05 This Mitigation Monitoring and Reporting Program has been prepared by the City ofChula Vista in conjunction with the proposed Fourth Avenue and "c" Street Commercial Center project. The proposed project has been evaluated in an Initial Study/Mitigated 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 3180 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 foIJowing potential impacts: 1. Geophysical 2. Water/Drainage 3. Noise MONITORING PROGRA1\I Due to the nature oflhe environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator and City Engineer of the City of ChuIa Vista. The applicant shall be responsible to ensure that 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 shall be provided by the applicant to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer wiIJ thus provide the ultimate verification that the mitigation measures have been accomplished. .~i 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 will 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 ;\PJanning\MARlA \Initial Study\IS-02-05MMRPtexl.doc 'I~ -, ~! 9 il OJ ~I ~ .~ ~ 0 ::;; ~ g ~ - ::;; f- (/) :J ~ t) UJ :J: t) ::E <( e:: t? 0 e:: Cl. t? Z f= '"" e:: 0 Q) Cl. ..0 UJ '" a:: f- a z <( t? 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'/-\ ~\'-'D \.~K-'j \---t:..\ \/'t\ \, \-'.---'\ y; \ 'c;t 8 \' . ___J VV \.-.--, \..-- '--- '............ \ \ \..~ \ ~ --- ~ \ \~-----' \..\:- -~_., '---':;:-;::=-: -- .----- -- i' i \ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR rU'~~~~T: M.D. CHULA VISTA, LLC PROJECT DESCRIPTION: C) PROJECT SEC of Fourth Ave. Proposal for new 15,176 square feet Sav-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 15-02-005 Related Case: PCM-02-05 h:lhomelplanninglcarlosllocatorsIIS02005.cdr 8/15/01 I/-Lf .G{f{ IS IT A ~" C\J o - "'<"""" o - "'<"""" "'<"""" ~ I-h!\k ~i r 'II, .~: i, ~ i ! ! j;~1;1~ ;: [ 1 'iI"!" 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I ~ i ~, ~I ., il ~ \ , \ \ , \ , \ '"' :r; E ~ ~.., :i .. f; - r;;;,~ ~ :5 ~~t235~ ~ !:"i!iow 8;;;~~~~5 ~ 5'~ ~~,; a' I , 1 , 2 ~ 5 i ~ :. < , o. i ~ " ;~~ "'~~g ~~~2~~ ~~~ ~~gv; ~~~;~~ o i' 3 ~!': ~ ~ g ~;:: ~:<~ ~ ~;;18+"~bi<Jr" ~ ~ ~ :1 .1 :, >0 f> . .....- , " , " , i i .EX.ff/BfT B 2 Q. o o <D o ('oJ ('oJ S2 ~ S2 ~ ~ 0) :;: '" cr: N o a, o cO ~ C: '" 0:: " U5 N o cO ~ cO ~ z o U) > w cr: 6 ~ N o N 6 o o :Y OJ> <3 " "e- ~ :i:' .' PLANNING COMMISSION AGENDA STATEMENT Item: ~ Meeting Date: 2/19/2003 ITEM TITLE: Public Hearing: Continuance of an appeal of the Zoning Administrator's decision to deny Variance Application ZA V -02-19. 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 (R-I). The appeal for the variance request was continued from the January 22, 2003, hearing to allow time for the applicant and staff to work together to find a solution for the two-car garage requirement without impacting the historical status of the dwellings. RECOMMENDATION: Staff 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 19.14.190A of the CVMC indicates that a hardship peculiar to the property must exist, and is not created by any act of the owner. 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 equally 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 ofthe property and functional use of rear 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 of the 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 ofthe 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 ~ p.. .!. "'"., ~ . ~ ~ - n j drneldL)Cl,.:->UU:-~("_11' ATTACHMENT 1 February 6, 2003 CHUU\. VISTA PLANNING COMMISSIONERS Chula Vista Planning Department 276 Fourth Avenue Chula Vista, CA 91910 :=L' , '-...j RE: REQUEST FOR V ARIANCEI APPEAL CONTINUED BEFORE PLANNING COMMISSION FEBRUARY 12, 2003 PROJECT: Lot Split 614-616 Second Avenue As per the Planning Commission's suggestion we have met with Planning Department staff and with Eric Fotiadi, Architect and Engineer and are proposing the following revised plan. In this plan we have agreed to give up the spa/deck area from behind the craftsman bungalow (Nadine Davies House) and build a period-appropriate 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 structure will measure 10' x 20' (Interior dimensions) with a large overhang on the right hand side. · It will be constructed of wood and stone, in the craftsman style to blend with the historic bungalow. . It will be placed behind the bungalow in the northwest corner 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 and wood with horizontal lines blending with the parking structure but having a lighter, see-through aspect to increase visibility of the property from the street. While this craftsman design is more costly to build than a pre- fab or inexpensive garage structure, it will maintain the historical sanctity of the Nadine Davies House for current and future residents of Chula Vista. We have explored the possibility of constructing a garage next 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 plan so that the space east of the garage is more accurately displayed. C;'-eg Rogers tJlstoncal House 6 \ 6 Second Avenue, Chula Vista, CA 919 \ 0 tel, i' 1 ." + 20-7 7 82, Fax, 61 9 + 20-7 7 88, e-mail, F amela!:>ens@cox.net 3 1 F'1rn~:id DenSOU5Sdfl The pepper tree measures 7'4" at the base of the trunk. The branch span is over 70' wide. There are at least two main branches of the tree that prevent a garage being constructed on that spot. One grows horizontally and measures only 4' 7" in height from the ground. Another is only 7' feet from the ground. Removing these branches would amount to radical surgery threatening the life of the tree, as they are in fact extensions of the trunk as seen in the photographs. The exca,'ation required for laying a parking surface would also pose a serious threat to the root system. Just behind the pepper tree to the North is a mature Jacaranda tree. These two mature healthy trees are very conducive to the historic setting of the property and represent the only garden with mature landscaping on the entire Greg Rogers parcel. Like the historic houses that we are trying to preserve, these trees are character defining resources in our City. Prior to submitting this proposal, we explored various other possibilities, and came to the conclusion that this was by far the best solution. With this revised plan, we are offering a compromise solution that is both aesthetic and compatible with the historic nature of the property while addressing the concerns of the City. Thank you, Pamela Bensoussan Applicant Enclosures: 7 sets of plans, photos, etc. G,-eg Ro>'as tlistorical tiouse ~ ~, 2 6 I 6 Second Avenue, Chu!a Vista, CA :J I :J 10 tel, (: I >' +20-7782. fax, 61:J +20-7788, e-mail, f'amela5ens@cox.net 'f A TT ACHMENT 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-l, 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 ofthe 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-I, 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-1, 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 environmental 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 zoniug 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 fr, 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 11 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 ofthe 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\M ichael\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-1, SINGLE- F AMIL Y 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 I 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-l Zone shall have constructed on the same lot, a two-car enclosed garage containing a minimum 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-I, Single-Family Zone; and WHEREAS, the Enviroumental 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 'R 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-l9 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. 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 accessible and visual impacts are minimized. BE IT FURTHER RESOLVED, the Planning Commission of the City of Chula 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\L ynnctte\administrative rcview\RESOLUTION ZA V -02-19BensQussan.doc (() ATTACHMENT 4 PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 01/22/2003 ITEM TITLE: Public Hearing: Variance Request 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-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 interested parties may appeal the decision of the Zoning Administrator to the Planning Commission 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 offact, 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-l, 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 with 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 Avenue 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 Low 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 variance 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-I Residential, Low-Medium R-I Residential, Low-Medium R-I Residential, Low-Medium R-I Residential, Low-Medium R-I 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-I Zone shall have constructed on the same lot, 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-conforming use without a garage. ANALYSIS: DEVELOPMENT STANDARD ALLOWABLE 40% EXISTING (a) 19% Lot Coverage Setbacks: Front Rear Sides 15 ft 20ft(b) 10/3 ft 51ft 33 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 acce"sory building (i.e. 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 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 affeet the historic integrity of the site, I~ ZA Notice of Decision - ZA V -02-19 Page 3 particularly as viewed from the street. The Mills 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 oftheMills 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. CONCLUSION: 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-I Zone based upon the finding of facts of the attached Resolution ZA V-02-19. Attachments 1. Locator Map 2. Appeal Application and Applicant Documentation 3. Resolution ZA V-02-19 J:\Planning\Lynnette\administrative review\NOD\ZA VOZ1) bensoussan PC report 2.doe /3 A TT ACHMENT 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 without 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 wou Id 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 came 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 stated 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 a/so has plans to cut back the landscaping to make the house more visible from the street. /s Planning Commission Minutes - 6 - January 22, 2003 The applicant 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 Castaneda 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 I ine 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/Horn) (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. /&