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HomeMy WebLinkAbout2019-06-04 Agenda Packet June 4, 2019File ID: 19-0229 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPEAL BY SILVERGATEDEVELOPMENT, LLC AND ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION AND REPORTING PROGRAM IS-18-0001, AND APPROVING DESIGN REVIEW PERMIT DR17-0040 TO CONSTRUCT ONE FOUR-STORY BUILDING AND SIX THREE-STORY BUILDINGS TOTALING 149,534 SQUARE FEET, CONSISTING OF 170 APARTMENT UNITS INCLUDING NINE RENT RESTRICTED UNITS FOR OCCUPANCY BY VERY LOW-INCOME HOUSEHOLDS ON A 5.3 ACRES SITE LOCATED SOUTH OF BONITA ROAD, BETWEEN BONITA GLEN DRIVE AND I-805, SUBJECT TO THE CONDITIONS CONTAINED HEREIN RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY On December 22, 2017, Silvergate Development, LLC (the “Applicant”)submitted a Design Review application for approval of the above-referenced apartment project. The proposed project is for the construction of six 3-story and one 4-story residential buildings with a total of 170 apartment units and 231 parking spaces on a 5.3-acres site (the “Project”). The Project also includes the construction of landscaped areas, recreational facilities and open space areas and facilities. Access is from Bonita Glen Drive and Vista Drive (see Locator Map, Attachment 1). The Applicant has elected to utilize the provisions allowed byCalifornia Government Code § 65915(“State Density Bonus Law”)and as codified in Chula Vista Municipal Code (CVMC) Chapter 19.90-Affordable Housing Incentives. Pursuant to State Density Bonus Law and CVMC, the Applicant is requestinga waiverof the maximumbuilding height and to utilize the reduced parkingstandards. As required by State Density Bonus Law/CVMC, 5-percent of the units (nineunits) will be rent restricted for occupancy by very low- income households. On March 13, 2019,the Planning Commission considered the Project anda Motion to approve. The Motion failed by a vote of 1 –Yes to 3 –No, thereby resulting in a Lost Motion. As such, no action was taken on the Project. Subsequently, on March 22, 2019,the Applicant Page|1 2019-06-04 Agenda PacketPage 208 of 836 filed an Appealto the City Council citing the “Factual Error”and “Findings Not Supported” provisionsof the Appeal Application; specifically alleging inaccurate statements by the public regardingpublic safety concerns along Bonita Glen Drive, Peppertree Road and othernearby roadways. This item now presents the Project for City Council consideration and action. The approvals at issue are Design Reviewand a proposed waiver ofanotherwise applicable height limitation as allowed under State density bonus/affordable housing laws.Staff has identified four key items for consideration: 1) the regulatoryframework; 2) Design Reviewconsistency; 3) the waiverof maximum height requested pursuant to the State Density Bonus Law/CVMC; and 4)the project’s environmental considerations. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-18-0001 in accordance with the California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the Director of Development Services has determined that the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Director of Development Serviceshas caused the preparation of a Mitigated Negative Declaration, IS-18-0001 and associated Mitigation, Monitoring and Reporting Program(“MND”).This MND is presented for City Council consideration and adoption. BOARD/COMMISSION/COMMITTEE RECOMMENDATION As discussed above, on March 13, 2019 the Planning Commission made a Motion toapprove the Project. The Motion failed by a vote of 1 –Yes to 3 –No, thereby resulting in a Lost Motion, and as such, no action was taken on the Project. DISCUSSION The City has received aDesign Review application for the construction of a total of 170 apartment units, withnineunitstobe rent restricted for occupancy by very low-income householdsin accordance with State Density Bonus Law/CVMC,and 231 parking spaces on a 5.3-acres site. The following discretionary actionisrequested for the proposed project: Design Review Approval with a State Density BonusLaw Incentive Comprehensive evaluation of the site plan, architectural and landscape design components of the Project to determine consistency with development and CityCode design standards. Page|2 2019-06-04 Agenda PacketPage 209 of 836 Waiver Request -A Waiver is requested of the maximum building height of 45 feet per the Bonita Glen Specific Plan (“BGSP”) and R-3 zonein order to allow one of the project buildings to be built up to 56 feet tall.The waiver is proposed as an incentive under State Density Bonus Law. A waiver is a reduction or deviation from typical zoning/development standards that would physically preclude the construction of a qualified housing development at the density proposed (Cal Govt Code § 65915(e)). Project Description This 170-unit apartment development is comprised of six 3-story walk-up, garden-style buildings (two 21-plex buildings, two 18-plex buildings, and two 13-plex buildings) and one 4-story, elevator served podium-style building (66 units). The development includes 6 studio units, 122 one-bedroom units, and 42 two-bedroom units on approximately 5.3 acres. Total building area for the proposed projectis approximately 149,913 square-feet.The proposed projectincludes a total of 231 parking spaces: 101 coveredspaces and 130 uncovered spaces. The Project also includes recreation areas including a pocket park, tot lot, swimming pool, clubhouse, and dog run. The Applicant has requested and qualifies for State Density Bonus provisions under California Government Code § 65915andCVMC Chapter 19.90that promote affordable housing through the use of density bonus, incentives or concessions, waivers or reductions to development standards, and/orreduced parking ratios. Pursuant to the State Density Bonus Lawand CVMC Chapter 19.90, the Applicant will provide nine affordable rental units for very low income households and therefore, is requesting a waiver from the BGSP maximum height of 30 feet with allowance for architectural projects at 45 feetand use of the specified parking ratios. Nine of the rental units (5% of the total 170 units) will be subject to rental and occupancy restrictions for very low-income households at 50% of the area median income(AMI)for a period of 55 years. The maximum annual income for a qualifying two person very low-income household is $38,950 and $43,800 for a three-person household. The anticipated restricted rental costs would range from $715 a month for a one-bedroom unit and $818 for a two- bedroom unit. Project Site Characteristics The Project is located within the Bonita Glen Specific Plan (BGSP) Area just west of the 805 Freeway (I-805) and South of Bonita Road. The proposed project is located on 5.3 acres, over six separate, contiguous parcels, including Assessor Parcel Numbers 570-131-11-00, 570- 140-40-00, 570-140-54-00, 570-140-48-00, 570-140-51-00, and public right-of-way to be acquired from the City of Chula Vista (City) (Attachment 1, Locator Map). As shown on Attachment 1, the site is within an urban portion of the City and in an area generally surrounded by residential and commercial land uses. To the north is the La Quinta Hotel, which contains 3-stories and 142 hotel rooms, a Denny’s restaurant, and Shell gas Page|3 2019-06-04 Agenda PacketPage 210 of 836 station, mini-mart and carwash. To the west and southwest are the approximately300-unit Point Bonita Apartments. To the south, across from Bonita Glen Road, is a vacant residential lot, and single-family dwellings are farther south of a relatively small (approximately 2-acre) vacant parcel located to the south beyond Bonita Glen Drive. Single-family dwellings are located across the private road to the east, with the I-805 farther east of the single-family dwellings. The project site has been previously disturbed and gradedand is currently vacant. The siteis relatively flat, with overall gradual sloping east to west. Elevations range from approximately 45 feet above mean sea level (amsl) in the northwestern portion up to approximately 91 feet amsl in the south portion of the site. The project site is currently bifurcated by an existing ephemeral stream, during and following rain events. During dry months, the ephemeral stream acts as a dry streambed.The ephemeral stream runs downhill from the southwest corner of the site to the northern boundary of the site. Under the proposed project, the ephemeral stream would remain in a natural state with re-graded and newly landscaped embankments. The proposed projectwould include two pedestrian bridges over the improved ephemeral stream. Buildings 1–6 are three stories with tuck-under parking at level 1 and dwelling units above at levels 2 and 3. Buildings 1–6 are building code compliant non-elevator buildings with dwelling units located at levels 2 and 3, which are accessible via exterior stairs. Building 7 is an elevator served 4-story building with three stories of residential use over one story of partially below-grade parking. Building 7 contains 66 dwelling units. The proposed buildings would reach up to 56 feet in height, which istaller than what the BGSPand CVMC allows. However, a waiver of development standards is requested under the provisions of State Density Bonus Lawto allow for additional height as further described below.It should be noted that this taller building, building7,is located at the lowest portion of the site. Buildings 1 and 2 would each be 13,485 square-feet. Buildings 3 and 4 would each be 8,938 square-feet, and Buildings 5 and 6 would each be 14,799 square-feet. The largest building, Building 7, would be 75,090 square-feet. Exterior finishes on both buildings would be warm toned, consisting of gray/browns,dusty charcoal and off-whites, with natural cedar and red colored accents.All exterior lighting would comply with the City’s Municipal Code and would be shielded and directed downward.The proposed project includes landscaped areas, surface parking, and amenities such as a children’s play area, pool, spa, and pool house for resident use only, and a small park that will be open to the public.(see Attachment 5, Project Plans). Land Use and Zoning The table below shows the current, General Plan, and zoning designations for the subject Site and the surrounding sites: Current UseGeneral PlanBGSP (Zoning) Page|4 2019-06-04 Agenda PacketPage 211 of 836 Current UseGeneral PlanBGSP (Zoning) SiteVacantCommercial RetailCentral Commercial (CCP) NorthShell gas, mini-mart Commercial RetailCentral Commercial (CCP) and carwash; Denny’s Restaurant; and La Quinta Hotel EastSingle FamilyResidential LowSingle family (RR) (County of San Diego) SouthVacantCommercial RetailCentral Commercial (CCP) WestApartments/CondosResidential HighApartment Residential (R-3) Consistency with Development Standards The proposed residential development has been evaluated using the BGSP’s development regulations, standards, and design guidelines. It should be noted that, while the BGSP has its own development standards and regulations, its regulations and standards derive from and are consistent with the standards and regulations of CVMC Chapter19.28. Where the BGSP is silent on a standard or regulation the CVMC shall apply. The Project utilizes the R-3 Zone development standards for apartments. Development StandardZoningProject Proposal Building Height45 ft. Max.56 feet max.* Building Setbacks Front15 feet15 Feet North Side5 feet10 Feet South Side5 Feet10 Feet Rear15 Feet15 Feet Parking Required212 spaces231 spaces onsite* Total Open Space 400 sf/unit –68,800 sf73,297 sf Required *Height and parking are in accordance with the provisions of Government Code § 65915 (e) and (p) ANALYSIS: Page|5 2019-06-04 Agenda PacketPage 212 of 836 Staff has identified four key items for consideration: 1) the regulatory framework; 2) Design Reviewconsistency; 3) the waiverrequested pursuant to the State Density Bonus Law/CVMC; and 4) the Project’s environmental considerations. 1.Regulatory Framework In Reviewing the Project: The proposed project requires adherence to the City of Chula Vista General Plan, Municipal Code, BGSP, Design Guidelines and State Density Bonus Law. The City’s discretionary action on the Project must be based upon its reasonable determination of compliance or non- compliance with such written and objective standards and regulations. As stipulated in State Law, receipt of a density bonus and/or other incentives, concessions or waivers under State Density Bonus Law shall not constitute a basis for finding a project inconsistent with a particular plan, policy, ordinance, orstandard. Project compliance is demonstrated in this analysis section. In addition, the entirety of the action must also be found to be consistent with the Housing Accountability Act. Although the City Council retains discretion to act on the Project, that discretion must be consistent with the Housing Accountability Act (the “HAA” or “Act”)found at California Government Code §65589.5. The HAA applies to all housing development projects, whether affordable, market rate, or mixed use. The HAA restricts a city’s ability to deny, reduce the density of, or make infeasible housing developments that are consistent with objective general plan, zoning, subdivision, and design review standards. The burden of proof is placed on the City to justify suchactionsbased upon the following: Written and specific findings that the project would have“the specific, adverse impacts” defined as “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” to public health and safety as supported by a preponderance of the evidenceon the record; and Such action is necessary to mitigatesuch specific and adverse impacts(Gov't Code § 65589.5(j)). 2.Design Review –Compliance with City standards The Project requires the approval of a Design Review Permit (DR) pursuant to CVMCSection 19.14.582. The purpose of the Design Review Permit is to review grading, site design, and landscaping improvements to ensure consistency with the City of Chula Vista Design Manual and the BGSP. As indicated previously in this report, the City Council adopted the BGSP to implement the vision of a Mixed Use residential/commercial development at this location. The adopted BGSP contains the required regulations and development standards to review and evaluate Page|6 2019-06-04 Agenda PacketPage 213 of 836 development projects for consistency with the vision and goal for the subject area. The proposed apartment Project was reviewed and evaluated based on the BGSP’s and the R-3 regulations, development standards, the Government Code and Chula Vista Design Guidelines. Land Use Compatibility The proposed project is consistent with the vision, objectives and policies of the General Plan and the regulations of the BGSP. Apartments and condominiums are an allowed use. The Project would develop an underutilized and unimproved site and provide additional residential units in an area that is adjacent to commercial and apartment uses. The Project would contribute to provide rental multi-family housing with an affordable componentto families that would support the existing commercial base within the Bonita Glen area. The proposed project is also consistent with the BGSP, CVMC R-3 development regulations, open space and building setbacks. As shown in the table above, the Project meets all of the applicable regulations and, in cases such as parking and usable open space, the Project exceeds the minimum required. In the case of the parking requirement, the Project is in conformance withthose parking ratios as outlined within Government Code§ 65915 (p). As allowed for in Government Code § 65915 (e), the Applicant has requested a waiver of the height standardrelated to the three and four-story building heightthat will have the effect of physically precluding the construction of thedevelopment to include nine affordable units for very low-income households. Site Planning and Building Placement/Orientation The Project was analyzed based on the design guidelines established in the City’s Design Manual. Following is a set of design standards applicable to the proposed project followed by a statement indicating how the Project is consistent with those guidelines. The arrangement of structures, parking and circulation areas, and open spaces should recognize the particular characteristics of the site and should relate to the surrounding built environment in pattern, function, scale, character and materials; The scale of multiple family projects should be considered in the context of their surroundings. Large projects should be broken up into groups of smaller structures and taller structures should provide increased setbacks so as not to dominate and impose on surrounding uses and the character of the neighborhood. To the extent possible, each of the dwelling units should be individually recognizable. This can be accomplished with the use of roof lines, setbacks, projections and balconies which help articulate individual dwelling units or collection of units, and by the pattern and rhythm of windows and doors. The design was influenced by the irregular shape of the site and its topography; including the restoration and enhancement of the existing ephemeral stream as a positive natural feature Page|7 2019-06-04 Agenda PacketPage 214 of 836 and improving pedestrian connections across and around the site for the benefit of both existing and new residents. The overall building arrangement, parking, recreational and open space areas, and landscaping creates a balanced mix of compact buildings with ample spatial separation onsite that is complimentary with the surrounding commercial, multi-family apartments and single family homes. The Project’s single 4-story and six 3-story building structures with tucked-under parking and living space interior and above are creatively and efficiently placed on the site to be oriented to the interior and take full advantage of the site’s varied topography and open/natural spaces, while creating a cohesive arrangement of buildings and uses on the site. The building structures are evenly distributed along the site in a north and south orientation to the curvilinear street. The main 4-story building with 66 units is located along the Bonita Glen Drive street frontage to establish a clear presence on the street, while framing the main entry driveway into the main building’s front entrance. The site plan concept is based on creating a resort ambience by locating the pocket park, tot lot outdoor activity area with enhanced paving parking as a focal point for the main entrance. The pool, spa and recreational building are located between buildings six and seven, adjacent to the ephemeral stream channel that will have two bridges crossing over it. The natural ephemeral stream which will remain undeveloped will be restored and maintained for the passive enjoyment of the residents. The Project residents will be able to view and enjoy the natural area from recreational activity and landscaped areas, as well as from their balconies and windows. The pocket park and trail through the property will be open to the public. The Project has been designed to integrate and blend with the context, character, and scale of the surrounding neighborhood. The Project will be a pedestrian friendly development intended to connect with the street, surrounding commercial, and the rest of the neighborhood. All interior-facing building elements are designed to support pedestrian traffic and provide the residents within the Project as well as the public with the connectivity between the site and the immediate community. One of the important features that will connect the Project internally and externally is the pedestrian walkway located along the perimeter of the site connecting all buildings with the street and beyond. The walkway will serve to provide residents with a clear and safe path to be used for daily exercise around the site and neighborhood or simply to walk from their place of residency to the street and/or the commercial areas in the vicinity. Building Architecture The architecture should consider the compatibility with surrounding character, including harmonious building style, form, size, color, material and roofline. In developed areas, the new project should meet or exceed the standards of quality which have been set by surrounding development. Heights and setbacks within the same building should be varied, and wall planes should be staggered both horizontally and vertically in order to create pockets of light and shadow and provide visual relief from monotonous, uninterrupted expanses of wall. Colors and materials should be complementary to the chosen architectural style and compatible with the character of surrounding development. Materials for multiple family Page|8 2019-06-04 Agenda PacketPage 215 of 836 projects should be durable and require low maintenance. They should be consistently applied and work harmoniously with adjacent materials. Piecemeal embellishments and frequent changes in materials should be avoided. Materials tend to appear substantial and integral when material changes occur at changes in planes. Colors and materials should be consistent with the chosen architectural style and compatible with the character of surrounding development. Sensitive alteration of colors and materials can produce diversity and enhance architectural form. The architecture throughout the site is a modern adaptation of the familiar and regionally appropriate Mission Style with warm white plaster walls, deep overhangs, colorful awnings, crafted timber trellises and protective patio walls. Buildings are simple with bold articulation varied rooflines. Lighted pathways will lead through colorful and drought tolerant gardens to shared outdoor gathering spaces. The overall “feel” of the development is inspired by upscale boutique hotels and resort living. The proposed Spanish Mission architecture is scaled to be consistent with the surrounding commercial and residential buildings. The apartment buildings will be varied with individual patio entries and tuck under parking.The building’s fenestration allows thosepassing by to see welcoming large windows and balconies. In addition, the buildings will feature articulated walls, color variety, different finish textures and stepped facades to maintain proper scale with its surroundings. Private balconies and shared amenities onsite will provide many opportunities for passive and active recreation. The Project is oriented internally with the exception of the main building 7 with its inviting entry on Bonita Glen Drive. The Project is consistent with the scale and style of the adjacent commercial and apartments properties. The large residential windows and balconies help to maintain the security concept of “eyes on the street.” Unit Count/Building Height/Setbacks Pursuant to CVMC 19.28.070 the residential unit mix of 6 studios, 122 one-bedroom and 42 two-bedroom unitsis within the allowable range based on the site acreage. The subject site is 5.3acres inarea. The 170-unit mix would require 5.1 acres, which is below the 5.3 acres of the site. This unit countis permitted in the R-3zonebased on its consistency with the site acreage. The BGSP establishes a maximum building height of 38 feetand 50 feet for architectural features. The BGSP further limits buildings within 100 feet of Vista Drive to a maximum30 feet and 45 feet height limit for architectural projections. The project presently includes two buildings (Buildings 1 and 2 on the east) within 100 feet of Vista Drive. Although those buildings are 34 feet high as measured from their respective lower floor slab –they are 30 feet high as measured from the property line –which is significantly below the street elevation due to the sloping grades. One building (Building 7on the west) is proposed at 56 feet and 4- stories. In accordance with Government Code §65915(e), the Applicant has requested the waiver in height as compliance with such development standard would have the effect of Page|9 2019-06-04 Agenda PacketPage 216 of 836 precluding the construction of the housing development with five percent of the units restricted for occupancy and affordable to very low-income households. In terms of building setbacks, the R-3 zone also provides for the minimum building setback from property lines, as listed in the table above, namely 15 feet front and rear and 5 feet on each side. The project buildings meet or exceed these setbacks. Open Space The BGSP requires the provision of usable open space that can be delivered in the form of common and private space, and the Design Manual provides guidelines for the provision of open space. The open space requirement within the CVMC is 400 square-feet of open space for each residential unit. Based on the proposed 170units, the total amount of open space required is68,000square-feet. The CVMC also specifies criteria for which the proposed open space must qualify. The space must be usable and must contain a minimum dimension of six feet and be no less than 60 square-feet. In addition to common recreational facilities, private patios and balconies qualify as open space. However, driveways and parking areas, as well as some walkways and building entries, do not qualify as open space. Regarding open space, the Design Manual states that: Required common open space and recreation areas are expected to be centrally and conveniently located for all of the residents. Private open spaces should be contiguous to the units they serve and screened from public view. The proposed project’s open space meets the requirements of the BGSP, the CVMC and the guidelines of the Design Manual. The proposed project exceeds both the private and common open space requirements. The Project proposes a total of approximately 73,297square-feet of usable common open space that includes the passive park, tot lot, pool area, dog run, trail with benches, pedestrian walkway, and other open space features around the site (see Attachment 3, Conceptual Plans). Additional open space in the form of private balconies and the passive natural drainage area were also counted toward the required open space. Parking The provision of very low income affordable units allows project parking to be calculated at a rate of one space per 1-bedroom and two spaces per 2-bedrooms and above pursuant to CVMC19.90.080 (H)andGovernment Code §65915(p). Based on the proposed number of residential units with mix of 6 studios, 122 one and 42 two-bedrooms, the number of parking spaces required for the Project is 212 spaces. The Project provides 223 onsite spaces for the residents and an additional 16 visitor spaces in the form of tuck under carports, podium and open parking areas.Because the proposed number of parking spaces for the Project exceeds the applicable City standard, the Project meets City’s parking requirements. 3.Waivers and Incentives–State Density Bonus Law/CVMC Chapter 19.90 Page|10 2019-06-04 Agenda PacketPage 217 of 836 Affordable Housing Incentives State Density Bonus Lawrequires that cities provide certain incentives to developers of affordable housing projects that meet defined levels of affordability.Cities are required to provide an increase in allowable density to those qualifying projects (Cal Govt Code § 65915 (b)).In addition to these density increases, developers must also be afforded the opportunity to apply for other development incentives or concessions (Cal Govt Code § 65915(d)), the number of which is dependent on the amount of affordable units provided and their level of affordability,waivers or reduction of developments standards (Cal Govt Code § 65915(e)), and reduced parking ratios (Cal Govt Code § 65915(p)). To facilitate and materially assist the housing industry in providing adequate and affordable shelter for all economic segments of the community and to provide a balance of housing opportunities for very low income, low income and senior households, the City adopted CVMC Chapter 19.90 –Affordable Housing Incentives, consistent with State Density Bonus Law. Should an applicant agree to construct housing units to be restricted for occupancy by very-low and low-income households as set forth in CVMC 19.90.040, upon the request of the applicant, the City shall make incentives and waivers available, in accordance with CVMC 19.90.050, and parking ratios in accordance with CVMC 19.90.080 (H). Pursuant to CVMC Chapter 19.90, with the provision of nine (9) very low-income affordable units or five percent of the 170 total dwelling units, the Project qualifies as an affordable housing residential development. Therefore, the Project is entitled to certain benefits, including a density bonus, one development incentive, waivers and reductions in development standards, and specified parking ratios. Density Bonus By including five percent of the base units for very low-income households, the Project is entitled to a 20 percent housing density increase under the provisions of CVMC 19.90.040 (B) andGovernment Code § 65915(f)(2). However, the Applicant is not requesting a density bonus to achieve the affordability level for the nine very low-income units. Per Govt Code Section 65915 (f) and CVMC Section 19.90.040 (E), the Applicant can request less than, including no density increase, and still receiveall other incentives, concessions, waivers,and parking. Incentives By including five percent of the base units for very low-income households, the Project is entitled to one development incentive under the provisions of CVMC Chapter 19.90. However, the Applicant is not requesting a development incentive to achieve the affordability level for the nine very low-income units. Waivers/Reductions in Development Standards Page|11 2019-06-04 Agenda PacketPage 218 of 836 By including five percent of the base units for very low-income households, the Applicant may request waivers or reductions of development standards in accordance with CVMC 19.90.080 (F)andGovernment Code §65915(e)in addition to any requested incentives or concessions as described above. In order to facilitate the proposed development at the density allowed under the BGSP,State DensityBonus Law, and CVMC, the Project is requesting a waiver of the building height in order to physically constructthe development allowed under the law. The Applicant is requesting a waiver from the BGSP maximum height of 30 feet with allowance for architectural projects at 45 feet. The R-3 Zone allows a maximum height of 45 feet and three and one-half stories. The project proposes six 3-story buildings at a height of 34 feet and one 4-story building at a height of 56 feet. As mentioned on page 8 and 9 of this report, a building height of 56 feet would be below the grade along Bonita Glen Drive and, as such,would not be prominent. Staff has determined the requested waiver is consistent with the intent of the State’s Density Bonus Law, specifically Government Code §65915(e) andCVMC19.90.080 (F), which requires the City to not apply such development standards that would physically preclude the construction of a housing development providing five percent of the units as restricted for occupancy and affordable to very low income householdsat the density proposed. No evidence has been identified to demonstrate that the granting of the requested waiver would have an adverse impact to health, safety or physicalenvironment that cannot be feasibly mitigated. Furthermore, the proposed waiver will not impact any historic property and would not be contrary to any state or federal law. Waiver Findings State Density Bonus Law requires local agencies to grant the wavier requests unless one or more of the followingfindingscan be made to deny any waiver of development standardbased on substantial evidence: The waiver or reduction would have a specific adverse impact upon public health and safety as defined in Government Code §65589.5, the physical environment, including environmentally sensitive lands, or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or, The incentive would be contrary to state or federal law. If the findings above cannot be made, the waiver must be granted. To ensure compliance with CVMC Chapter 19.90andState Density Bonus Law,as a condition of approval of the Project, the Applicant will be required to execute and record an Affordable Housing Regulatory Agreement prior to the issuance of a building permit. Such Agreement will set forth the terms and conditions for the requiredincome and rent restrictions for nine units reserved for very low-income households for a minimum compliance period of 55 years and shall be recorded as a covenant on the property. Such restrictions willbind all subsequent Page|12 2019-06-04 Agenda PacketPage 219 of 836 owners so that the commitment remains in force regardless of ownership. Compliance with these restrictions willbe subject annually to regulatory audit and certification, with an annual monitoring fee to be paid to the City. 4.Mitigated Negative Declaration Pursuant to the CEQA InitialStudy (IS-18-0001)conducted, theProject could result in significant effects on the environment regarding Air Quality, Cultural Resources, Noise, and Biology. However, revisions to the Project made by or agreed to by the Applicant as presented in theMitigated Negative Declaration(MND)would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. The MND IS-18-0001 and Mitigation, Monitoring and Reporting Program(MMRP) werecirculated for public review from December 17, 2018 through January 13, 2019. Approximately 15 comment letters were received. In accordance with CEQA Guidelines Sections 15088 and 15204, the City has independently evaluated the comments and prepared written responses describing the disposition of any significant environmental issues raised.The Response to Comments (RTC’s), MND and MMRP are included as Attachments 8-10. PUBLIC OUTREACH Two public meetings were held to inform the public about the proposed project and receive public input—the first on September 5, 2018 and the second on October 17, 2018. Residents expressed concern about the proposed project, primarily impacts to traffic and parking along Bonita Glen Drive.In response to written correspondence and comments from the public meeting, the following project features were revised and/or established: The proposed project would install a sidewalk and street lights along the frontage of Bonita Glen Drive. The proposed project would include eightadditional parking spaces, for a total of 231 parking spaces. The Unnamed Road cul-de-sac at the end of Vista Drive will be acquired by the Applicant and maintained as a private road, and the segment of Vista Drive north of Bonita Glen Drive and south of the Unnamed Road cul-de-sac will be brought to appropriate County of San Diego standards. The proposed park would be open to the public, however privately maintained by the Applicant. The Traffic Impact Analysis was revised to include additional roadways, in response to concerns of traffic along Hilltop Drive and Pepper Tree Road. Staff prepared a response to the issues raised by the residents. The response matrix is attached (see Attachment 2). Page|13 2019-06-04 Agenda PacketPage 220 of 836 Conclusion The Project, as proposed,is consistent with the vision and requirements of the City’s General Plan, BGSP, R-3 Zone, the Guidelines of the City’s Design Manualand State Density Bonus Law/CVMC. The requested waiver of height pursuant to State Density Bonus Law can be justified based upon the physical characteristics of the site, considered in light of the density allowed pursuant to the law. Any potential impacts identified in the CEQA Initial Study (IS-18- 0001) have been reduced through revisions to the Project made by or agreed to by the Applicant as presented in the Mitigated Negative Declaration (MND) to a point where no significant effects would occur. For purposes of the HAA,based upon thepreponderance of the Administrative record,no “specific, adverse impacts” to public health and safetyhave been determined that would necessitate the denial of the Project or a reduction in density to mitigate such impacts. The Project will providenew investment,modern housing facilities and site improvements that will contribute to the revitalizationand enhancement ofthe site and the neighborhood.Itwill provide new rentalmulti-family housing with an affordable component that will improve the housing mix,expandresidential opportunitiesand contribute to business activity in this part of the City. The proposed project is well planned, incorporating the principals of Smart Growth such as compact design, pedestrian-oriented amenities, located near transit, and resource conservation. TheProject’s pedestrian orientation and location near the 705 MTS route along Bonita Road will provide convenient access for residents to nearby public transportation. Based on the description and evaluation of the Project and the conclusions above, staff recommends that the Council approve the proposed Project subject to the conditions contained in the resolution. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Project implements the Economic Vitality, Healthy Community, Strong and Secure Neighborhoods, and Connected Community Strategic goals because the Project represents an investment in the construction of new residential unitsand all its infrastructure that is consistent with the goals and objectives of the City’s General Plan and the development Page|14 2019-06-04 Agenda PacketPage 221 of 836 standards of the City of Chula Vista Municipal Code in a manner that ensures public health and safety of the community. The development andprovision of quality housingand housing for lowerincome families addresses the City’s Connected Communitygoals as it provides housing to meet residents’ needs and priorities. CURRENT-YEAR FISCAL IMPACT All costs associated with processing the Project, including the Appeal, are borne by the Applicant, resulting in no net impact to the General Fund or Development Services Fund. The Appellant paid the required filing fee for the Appeal. Costs associated with the processing of future implementing permits, will also be recovered by permit and processing fees. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City as a result of this action. ATTACHMENTS 1.Locator Map 2.Issues Response Matrix to resident’s concerns 3.SupportLetters to Planning Commission 4.Additional Letters to Planning Commission 5.Memorandum to Planning Commission from Silvergate Development 6.Planning Commission Minutes 7.Appeal from Silvergate, LLC 8.Mitigated Negative Declaration 9.Response To Comments 10.Mitigation Monitoring and Reporting Program (MMRP) 11.Project Plans Staff Contact:Stan Donn, SeniorPlanner Page|15 2019-06-04 Agenda PacketPage 222 of 836 1. Project Name: Bonita Glen Project 2. Project Location: Bonita Glen Dr, Chula Vista California 91910 3. 570-131-11-00, 570-140-40-00, 570- 140-54-00, 570-140-48-00, 570-140- 51-00 4. Project Applicant: Silvergate Development 4980 North Harbor Drive, Suite 203 San Diego, California 92106 Contact: Thomas Edmunds 619.625.1260 5. Date Of Draft Document: December 17, 2018 The proposed Bonita Glen Project (proposed project) is located within the Bonita Glen Specific Plan Area just west of the 805 Freeway (I-805) and South of Bonita Road. The proposed project is located on 5.3 acres, over six separate, contiguous parcels, including Assessor Parcel Numbers 570-131-11-00, 570-140-40-00, 570-140-54-00, 570-140-48-00, 570-140-51-00, and public right-of-way to be acquired from the City of Chula Vista (City) and on the U.S. Geological Survey 7.5-minute National City Quadrangle in Section 35 in Township 17 South and Range 2 West (Figure 1, Project Location). As shown on Figure 1, the site is within an urban portion of the City and in an area located directly between existing residential homes to the west, I-805 and residential to the east, commercial to the north, and a relatively small (approximately 2-acre) vacant parcel located to the south beyond Bonita Glen Drive. The project site has been previously disturbed and graded. The present site is vacant and relatively flat, with overall gradual sloping east to west. Elevations range from approximately 45 feet above mean sea level (amsl) in the northwestern portion up to approximately 91 feet amsl in the south portion of the site. An ephemeral stream runs through the project site, during and following rain 1 2019-06-04 Agenda PacketPage 223 of 836 events. During dry months, the ephemeral stream acts as a dry streambed. Surface flows under existing conditions drain toward the southern end of the site. The project site is generally surrounded by residential and commercial land uses. To the north is La Quinta Hotel, which contains 3 stories and 142 hotel rooms. To the west and southwest are the Point Bonita Apartments. To the south, across from Bonita Glen Road, is a vacant residential lot, and single-family dwellings are farther south of the vacant lot. Single-family dwellings are bounded the project site to the east, with the I-805 farther east of the single-family dwellings. As shown on Figure 2, Project Site Plan, the project is a 170-unit apartment development within six three-story garden-style buildings (two 21-plex buildings, two 18-plex buildings, and two 13-plex buildings) and one four-story, podium-style building (66 units). The development would consist of 6 studio units, 122 1-bedroom units, and 42 2-bedroom units on approximately 5.3 acres. Total building area for the proposed project is approximately 149,913 square-feet. The proposed project includes and total of 231 parking spaces: 101 covered spaces and 130 uncovered spaces. The project also includes recreation areas including a swimming pool, clubhouse, and dog run. The proposed project uses State Density Bonus provisions that promote affordable housing through the use of density bonus, incentives or concessions, waivers or reductions to development standards, and parking ratios in accordance with Section 65915 of the Government Code and Chapter 19.90 of the Chula Vista Municipal Code. The proposed project provides 9 affordable dwelling units (5%) restricted for 55 years to lower income households (50% of the area median income) in a recorded restrictive covenant. The proposed project site is currently bifurcated by an existing ephemeral stream. The ephemeral stream runs south from the northwest corner of the site to the southern boundary of the site. Under the proposed project, the ephemeral stream would remain in a natural state with graded embankments to the east and west of the existing ephemeral stream. As shown on Figure 2, the proposed project would include two pedestrian bridges over the ephemeral stream. Buildings 16 are three stories with dwelling units and tuck-under parking at level 1 and dwelling units above at levels 2 and 3. Buildings 16 are non-elevator buildings, and dwelling units at levels 2 and 3 are accessible through stairs. Building 7 is three stories of residential use over one story of parking and contains 66 dwelling units. The proposed buildings would reach up to 56 feet in height, which is taller than what the Specific Plan allows. However, a waiver of development standards would be obtained through the state density bonus law to allow for additional height. 2 2019-06-04 Agenda PacketPage 224 of 836 Buildings 1 and 2 would each be 13,485 square-feet. Buildings 3 and 4 would each be 8,938 square- feet, and Buildings 5 and 6 would each be 14,799 square-feet. The largest building, Building 7, would be 75,090 square-feet. Exterior finishes on both buildings would be earth toned, consisting of browns, tans, and reds, as shown on Figure 3a and 3b, Exterior Building Materials. All exterior Code and would be shielded and directed downward. The proposed project includes landscaped areas, surface parking, and amenities such as and pool house for resident use only, and a small park that will be open to the public. Two public meetings were held to inform the public about the proposed project and receive public inputthe first on September 5, 2018 and the second on October 17, 2018. In response to written correspondence and comments from the public meeting, the following project features were revised and/or established: The proposed project would install a sidewalk and street lights along the frontage of Bonita Glen Drive. The proposed project would include 8 additional parking spaces, for a total of 231 parking spaces. The Unnamed Road cul-de-sac at the end of Vista Drive will be acquired by the Applicant and maintained as a private road, and the segment of Vista Drive north of Bonita Glen Drive and south of the Unnamed Road cul-de-sac will be brought to appropriate County of San Diego standards. The proposed park would be open to the public, however privately maintained by the Applicant. The Traffic Impact Analysis was revised to include additional roadways, in response to concerns of traffic along Hilltop Drive and Pepper Tree Road. The proposed project would include connections to existing utility infrastructure located along Bonita Glen Road and Vista Drive. The proposed project proposes multiple waterline connections to existing pipelines beneath Bonita Glen Road, along the western boundary of the site. Additional pipeline connections are proposed along the north boundary of the site, to existing pipelines beneath Vista Drive. As previously stated, the existing ephemeral stream, would continue to collect surface water following development. Other stormwater will be managed by using biofiltration basin-type drainage management areas. The basins would be located in the northwestern area of the property. 3 2019-06-04 Agenda PacketPage 225 of 836 The proposed project would include catch basins throughout the site to contain on-site runoff. Trash enclosures would be dispersed throughout the site. The main site access is proposed to include the Unnamed Road cul-de-sac at the end of Vista Drive, which will be acquired by the Applicant and maintained as a private road by the Applicant. The segment of Vista Drive north of Bonita Glen Dr. and south of the Unnamed Road cul-de-sac will be brought to appropriate County of San Diego standards. (Chen Ryan 2018a). The proposed project would ensure acceptable sight distance is provided to potential driveway locations along Vista Road and Bonita Glen Road, as shown on Figure 2, Project Site Plan. The project driveways would be designed consistent with City standards and would have sufficient storage for traffic northbound along Vista Drive to alert drivers that there is no exit. The on-site circulation would connect with the existing access to Bonita Glen Drive and Bonita Road. The proposed project area will include the Unnamed Road cul-de-sac at the end of Vista Drive, which will be acquired by the Applicant and maintained as a private road by the Applicant. The segment of Vista Drive north of Bonita Glen Dr. and south of the Unnamed Road cul-de-sac will be brought to appropriate County of San Diego standards. Additionally, a sidewalk and street lights will be installed along the frontage of Bonita Glen Drive. Bonus, which allows reduced minimum parking requirements with affordable housing projects. Table 1, Parking Quantities displays the number of on-site parking spaces in which the Proposed Project is required to supply based on state law. Table 1 Parking Quantities 4 2019-06-04 Agenda PacketPage 226 of 836 As shown in Table 1, the project would be required to provide a total of 212 parking spaces. Based on this assessment there would be a parking demand of 1.25 spaces per unit. However, as mentioned earlier in this memorandum, the proposed project would provide a total of 231 parking spaces, which would allow for a demand of 1.36 spaces per unit or 1.09 spaces per bedroom. Additionally, there are approximately 97 on-street spaces located on Bonita Glen Drive South of (Chen Ryan 2018b). On-street spaces on Bonita Glen Drive would accommodate any overflow parking from the proposed project, under a worst-case scenario. Therefore, even under the most impacted condition of similar multi-family complexes, the parking provided on-site by the proposed project, as well as the excess parking on Bonita Glen Drive, will be sufficient to accommodate the proposed p (Chen Ryan 2018b). The proposed project would provide 73,297 square-feet of open space, including a 3,630 square- foot park (open to the public) in the northwestern corner of the site, as well a area directly south of the park open to the public. The proposed project would include amenities dog run and pool house for resident use only. The pool area would be centrally located with an amenity building and tables. West of the pool area, there would be a 1420-square-foot outdoor dining plaza for residents and guests to use. As shown on Figure 4, Open Space and Recreation Areas, there would be a community trail running through the site totaling 3,969 square-feet. The City of Chula Vista requires 400 square feet of open space per unit (400 square feet x 170 units = 68,000 square feet). Therefore, the proposed project would provide more open space than what is required by the City. The proposed project would include 98,640 square-feet of new planting, including turf and riparian areas. As depicted on Figure 5, Landscape Plan, the types of plantings are categorized as entry and residential planting, courtyard and pool planting, park and edge planting, urban garden and orchard, and slope plantingnative grassland. For analysis and modeling, it is anticipated that construction would last approximately 19 months, reaching completion by late-2020. The construction equipment mix and estimated hours of equipment operation per day of the proposed project are shown in Table 2. For this analysis, it was assumed that heavy construction equipment would be used 5 days a week (22 days per month) during project construction. In addition to construction equipment operation, emissions from worker trips, hauling (i.e., dump trucks) and vendor trucks (i.e., delivery trucks) were estimated. 5 2019-06-04 Agenda PacketPage 227 of 836 Construction of the proposed project would grade a total area of 209,000 square-feet. This would include 10,800 cubic yards of cut and 10,500 cubic yards of fill, for a net export of 300 cubic yards. Haul truck trips were assumed to be required during the grading, which would require approximately 500 haul truck trips in total. The total area graded for the proposed project was estimated at 7.5 acres. Vendor trucks transporting concrete, steel, and other building materials were assumed during the building construction, paving, and architectural coating phases. Additional details regarding construction assumptions are provided in the modeling output provided in the modeling output within the AQ/GHG Technical Report (Dudek 2018a). Table 2 Construction Scenario Assumptions The proposed project would include 170 residential units with patios and balconies, parking, and recreation areas including a swimming pool, clubhouse, and park. The proposed 170 units would house approximately 486 residents, based on the 2013 City Housing 2.86 person per renter-occupied household. In developed conditions, the ephemeral stream is to remain in a natural state with graded embankments to the east and west of the delineated existing stream while leaving the stream in its natural existing condition. 6 2019-06-04 Agenda PacketPage 228 of 836 The proposed project is governed by the Bonita Glen Specific Plan (Specific Plan; City of Chula Vista 1977), which includes the development of residential-retail-commercial projects, over 8.74 acres of land. An Environmental Impact Report was adopted for the Bonita Glen Specific Plan (EIR 77-2) on April 20, 1977. The site is currently designated under the Specific Plan as Commercial Retail; however, as stated in the Specific Plan, apartments and condominiums, when consistent with the adopted conceptual plan, and when approved under the project plan process and procedure, pursuant to Section 2.6, are permitted within the project area of the Bonita Glen Specific Plan. The Specific Plan also states that the Planning Commission, upon the recommendation of the Zoning Administrator, may adjust said standards and regulations upon finding that said adjustment will not adversely affect the nature, character, design, order, amenity or intent of the proposed project or Specific Plan. The Specific Plan was amended in November 1984, which allows a height limit of 38 feet and 50-foot architectural features. A 30-foot height limit was applied to structures located within 100 feet of Vista Drive. Because the proposed project would exceed the current maximum permitted height of 30 38 feet, a waiver of development standards would be obtained through the state density bonus law to allow for additional height. As such, the proposed project would not require a rezone or Specific Plan Amendment. The Specific Plan is based on special standards and generalized site utilization plans and is designed to promote innovative and imaginative project planning. The text of the specific plan provides land use, bulk, height, setback, urban design, parking, landscaping, and sign control standards and regulations. According to the Specific Plan, the project site is currently designated as Commercial Retail in the City General Plan, but has been zoned as Central Commercial Zone (CCD) under the zoning plans of the City and County of San Diego (County) General Plan. As stated in the Specific Plan, this zone is oriented toward retail commercial and compatible uses that are characterized by a strong emphasis upon qualitative community design. The CCD uses are those suited to the East Chula Vista-Bonita area and are the foundation of the Specific Plan. On July 17, 2018, a Notice of Initial Study was issued. On December 17, 2018, a Notice of Intent was circulated to property owners within a 500-foot radius of the proposed project site, as well as to other interested parties. The public review period shall end on January 16, 2019. 7 2019-06-04 Agenda PacketPage 229 of 836 An Initial Study conducted by the City determined that the proposed project may have potential significant environmental impacts; however, mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. This MND has been prepared in accordance with Section 15070 of the CEQA Guidelines. Air Quality Consistent with SDAPCD guidance, mitigation measures were evaluated to identify ways to ensure that residents of the proposed project would not be exposed significance thresholds and to ensure that impacts related to community risk and hazards from placement of sensitive receptors proximate to major sources of air pollution would be less than significant. The following mitigation measures, identified in the Air Quality and Greenhouse Gas Emissions Analysis Technical Report, would reduce the significant impacts associated with cancer risk levels below the SDAPCD thresholds: MM-AQ-1 Prior to the issuance of the first building permit, the applicant or its successor shall require the installation of high-efficiency return air filters on all heating, ventilation, and air conditioning (HVAC) systems serving the project. This requirement shall ral plan. The air filtration system shall reduce at least 90% of particulate matter emissions, such as can be achieved with a Minimum Efficiency Reporting Value 13 (MERV 13) air filtration system installed on return vents in residential units. The property management for the project shall maintain the air filtration system on any HVAC system installed for the specified residential project. MM-AQ-2 Prior to the issuance of the first building permit, the applicant or its successor shall locate air intake vents on the residential buildings such that they do not face the 805 freeway and are as far from 805 freeway as practicable. This MM-AQ-3 Prior to issuance of the first certificate of occupancy, a City-approved, ASHRAE certified specialist shall verify the implementation of the installation of high-efficiency air filtration systems on return vents to reduce ambient particulate matter concentrations prior to occupancy of the residential units. On-going maintenance of the 8 2019-06-04 Agenda PacketPage 230 of 836 installed filtration systems shall be the responsibility of the applicant or its successor. The City may enforce that the systems are recommendations for the life of the project. Biology As stated in the Initial Study, a Biological Technical Report (BTR) was prepared for the proposed project, which states direct permanent impacts to approximately 4.35 acres of Tier III, non-native grassland (Dudek 2018b). Implementation of MM-BIO-1 will reduce these impacts to a level below significant. MM- BIO-1 Prior to issuance of land development permits, including clearing, grubbing, grading and construction permits, the applicant shall mitigate direct impacts to 4.35 acres of non-native grassland pursuant to the City of Chula Vista (City) Multiple Species Conservation Program (MSCP) Subarea Plan (Subarea Plan). The applicant shall secure mitigation credits within a City-approved Conservation Bank or other approved location offering mitigation credits consistent with the ratios specified in Table 5-3 of the Subarea Plan. The applicant is required to provide the City with verification of mitigation credit purchase prior to issuance of any land development permits. If mitigation credits are not purchased, the applicant must prepare a habitat mitigation and monitoring plan to the satisfaction of the City. The plan shall include, at a minimum, an implementation plan to provide the required mitigation acreages of non-native grassland, a maintenance and monitoring program, an estimated completion time, performance standards, and any relevant contingency measures. The applicant shall also be required to implement the habitat mitigation and monitoring plan subject to the oversight of the City. As stated in the Initial Study, there is some potential for California horned lark to nest in the non- native grassland on site; impacts to nesting birds and their young could occur. Implementation of MM-BIO-2 will reduce impacts to nesting birds to below significant. MM-BIO-2 To avoid any direct or indirect impacts to nesting birds, construction activities should occur outside of the breeding season (February 15 to August 31). If construction activity is scheduled during the general bird nesting season, a qualified biologist shall conduct a pre-construction survey to determine the presence or absence of nesting bird species within the proposed work areas. The pre-construction survey shall be conducted within 4 calendar days prior to the start of construction activities. The applicant shall submit the results of the pre-construction survey to City staff for review 9 2019-06-04 Agenda PacketPage 231 of 836 and approval prior to initiating any construction activities. If nesting birds are detected, ines and applicable state and federal law (e.g., appropriate follow-up surveys, monitoring schedules, construction and noise barriers/buffers) shall be prepared and shall include proposed measures to be implemented to ensure that take of birds or eggs or disturbance of breeding activities is avoided. The report or mitigation plan shall be submitted to the City for review and approval and shall be implemented to the satisfaction of the City. The City Resident Engineer and/or project biologist shall verify and approve that all measures identified in the report or mitigation plan are in place prior to and/or during construction. If nesting birds are not detected during the pre- construction survey, no further mitigation is required. As stated in the Initial Study, slivers of the single vegetation community, non-native grassland, are adjacent to the project footprint and may be subject to short-term indirect impacts. Indirect impacts (accidental encroachment) into vegetation communities listed as Tier I through Tier III beyond the proposed work areas is considered significant. Implementation of MM-BIO-3 will reduce these impacts to a level below significant. Additionally, indirect impacts to adjacent jurisdictional waters of the United States/state/City are considered significant. Implementation of MM-BIO-3 will reduce these impacts to a level below significant. MM- BIO-3 To avoid any unexpected impacts (i.e., encroachment) into vegetation and/or jurisdictional waters, the project contractors will delineate (in coordination with the project biologist) all approved access paths and construction work areas. The limits of work, including the designated footpath access, will be delineated with flagging or fencing as appropriate and will be installed prior to work activities. A pre- construction meeting shall be held between all contractors and the qualified project biologist and during this meeting, the biologist will educate the contractors on sensitive biological resources (including non-wetland waters of the United States/state) and project avoidance measures. All project site personnel shall provide written acknowledgment of having received avoidance training. This training shall include information on the location of the approved access paths and work areas, the necessity of preventing damage and impacts to sensitive biological resources, and discussion of work practices that will accomplish such. Lastly, the project biologist will conduct weekly monitoring to ensure that the appropriate avoidance measures are implemented. If unauthorized impacts occur outside of the approved project boundary, the contractor shall notify the City Resident Engineer and project biologist immediately. The project biologist shall evaluate the additional impacts to 10 2019-06-04 Agenda PacketPage 232 of 836 determine the size of the impact and the vegetation communities, land covers, and/or jurisdictional resources impacted. The footprint of the impact shall be recorded with a GPS, and the project biologist will report the impacts to City staff and the appropriate permitting agencies (where appropriate) for approval of the impact record and to establish any necessary follow-up mitigation measures. These measures may include additional mitigation credits purchased within a City- approved Conservation Bank or other approved location offering mitigation credits consistent with the ratios specified in Table 5-3 of the Subarea Plan. Any unauthorized impacts to jurisdictional waters/wetlands would require reporting to the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board, and the City as well as development of a Waters/Wetlands Restoration Plan to restore pre-impact conditions as directed by the agencies. The Revegetation Plan and/or Waters/Wetlands Restoration Plan shall include a description of the suitability of the restoration area, planting and irrigation plan, maintenance and monitoring requirements, and performance standards that ensures that the intended restoration is achieved. The plans and associated monitoring reports shall be submitted to City staff. Cultural Resources As stated in the Initial Study, the proposed project may unexpectedly encounter previously unknown cultural resources during excavation of the proposed project. Due to the low potential for cultural resources in the APE, no further studies are recommended, including construction monitoring (Dudek 2018c). Implementation of MM-CUL-1 will reduce the potential for impacts to archaeological resources to less than significant. MM-CUL-1 In the unlikely event that archaeological resources are unearthed during project excavation, all project construction activities within 200 feet of the discovery shall cease. The prime contractor shall immediately notify the City of Chula Vista (City). Upon notification of the discovery, the City shall retain a qualified archaeologist who alification Standards to assess the potential significance of the discovery and propose appropriate mitigation per the California Environmental Quality Act (CEQA) or Section 106 of the National Historic Preservation Act. Work within 200 feet of the discovery shall not continue until the qualified archaeologist has completed the assessment of the discovery. As stated in the Initial Study, sedimentary deposits have the potential to yield scientifically significant vertebrate fossils (Dudek 2018d). As such, a paleontological resources mitigation program is recommended, and would be implemented in accordance with MM-CUL-2. 11 2019-06-04 Agenda PacketPage 233 of 836 MM-CUL-2 Prior to the issuance of grading permits, the applicant shall provide written confirmation to the City that a qualified paleontologist has been retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with an MS or PhD in paleontology or geology who is familiar with paleontological procedures and techniques). A pre-grade meeting shall be held among the paleontologist and the grading and excavation contractors. A paleontological monitor shall be on site at all times during the original cutting of previously undisturbed sediments of highly sensitive geologic formations (i.e., San Diego Formation) to inspect cuts for contained fossils. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.) The paleontological monitor shall work under the direction of a qualified paleontologist. The monitor shall be on site on at least a half-time basis during the original cutting of previously undisturbed sediments of moderately sensitive geologic formations (e.g., Lindavista Formation) to inspect cuts for contained fossils. The monitor shall be on site during the original cutting of previously undisturbed sediments of moderate and high sensitivity geologic formations (e.g., Lindavista Formation and San Diego Formation, respectively) to inspect cuts for contained fossils. Monitoring is not required during excavation into low resource sensitivity geologic formations (e.g., young alluvial flood-plain deposits). In the event that fossils are discovered in unknown, low, or moderately sensitive formations, the applicant shall increase the per-day field monitoring time. Conversely, if fossils are not discovered, the monitoring, at the discretion of the City's Deputy City Manager/Development Services Director or its designee, shall be reduced. A paleontological monitor is not needed during grading of rocks with no resource sensitivity. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete whale skeleton) may require an extended salvage time. In these instances, the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovery of small fossil remains such as isolated mammal teeth, it may be necessary in certain instances and at the discretion of the paleontological monitor to set up a screen-washing operation on the site. 12 2019-06-04 Agenda PacketPage 234 of 836 Prepared fossils along with copies of all pertinent field notes, photos, and maps shall be deposited in a scientific institution with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed. This report shall include discussions of the methods used, stratigraphy exposed, fossils collected, and significance of recovered fossils. Noise As stated in the Initial Study, construction noise levels would be higher than existing ambient daytime noise levels and could result in annoyance at neighboring noise-sensitive uses (Dudek 2018e). Implementation of mitigation measures MM-NOI-1 and MM-NOI-2 would reduce construction noise substantially. Therefore, temporary construction-related noise impacts would be less than significant with mitigation incorporated. MM-NOI-1 Construction activities shall take place during the permitted time and day per Section 17.24.040.C.8 of the City of Chula Vista Municipal Code. The applicant shall ensure that construction activities of the proposed project are prohibited between the hours of 10:00 p.m. and 7:00 a.m., MondayFriday, and between the hours of 10:00 p.m. and 8:00 a.m., Saturday and Sunday. This condition shall be listed on the proposed project the City Development Services Department. MM-NOI-2 The City of Chula Vista (City) shall require the applicant to adhere to the following measures as a condition of approving the grading permit: The project contractor shall, to the extent feasible, schedule construction activities to avoid the simultaneous operation of construction equipment so as to minimize noise levels resulting from operating several pieces of high noise level emitting equipment. All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Enforcement shall be accomplished by random field inspections by applicant personnel during construction activities, to the satisfaction of the City Development Services Department. Construction noise-reduction methods such as shutting off idling equipment, construction of a temporary noise barrier, maximizing the distance between construction equipment staging areas and adjacent residences, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible. 13 2019-06-04 Agenda PacketPage 235 of 836 During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive receptors. Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent if necessary. In the event the City receives a complaint, appropriate corrective actions shall be implemented and a report of the action provided to the reporting party. As stated in the Initial Study, the future noise levels would range up to 74 dBA CNEL, generally from the 3rd levels of Buildings 1, 2, and 3, with the northeastern side of Building 2 reaching the highest of 74 dBA. With implementation of MM-NOI-3, the resultant noise level would meet the state and City interior noise standard of 45 dBA CNEL, and impacts would be less than significant with mitigation incorporated. MM-NOI-3 Prior to issuance of any building permit, construction plans shall be reviewed by a qualified noise consultant for conformance with City standards. In order to ensure that interior noise levels of the habitable rooms are 45 dBA CNEL or less, the applicant shall use windows and exterior doors with the Sound Transmission Class (STC) ratings shown in Table NOI-1 or higher. For example, the windows and exterior doors of Building 2 shall have STC ratings of 29 or higher. The proposed residential units will require mechanical ventilation systems or air conditioning systems in order to ensure that windows and doors can remain closed while maintaining a comfortable environment. With the required mitigation, the resulting interior noise levels will be less than the noise standard, and the noise impact will be less than significant. Table NOI-1 Minimum Window and Exterior Door Noise Attenuation Ratings 14 2019-06-04 Agenda PacketPage 236 of 836 -source noise standard (45 dBA Leq nighttime) at the single-family residential uses to the east and south and at the multifamily residential uses to the west. Implementation of MM-NOI-4 would reduce noise impacts from HVAC equipment to a less-than-significant level. MM-NOI-4 To ensure that HVAC and other outdoor mechanical equipment would not exceed the -source noise standards (55 dBA daytime (7:00 a.m. to 10:00 p.m.), 45 dBA nighttime (10:00 p.m. to 7:00 a.m.), for single-family residential; 60 dBA daytime (7:00 a.m. to 10:00 p.m.), 50 dBA nighttime (10:00 p.m. to 7:00 a.m.), for multifamily residential), the applicant shall incorporate the following measures: 1. No HVAC or other mechanical equipment shall be installed with a combined sound power level exceeding 79 dBA or a sound pressure level (i.e., noise level) of 44 dBA at a distance of 75 feet. Prior to issuance of building permits, construction plans shall be reviewed by a qualified noise consultant for conformance with City standards. 2. If equipment exceeding the specification in MM-NOI-5(1) is used, such equipment shall be shielded from adjacent residential land uses by mechanical shrouds, building parapet walls, or provision of acoustical enclosures such that the combined sound power level does not exceed 79 dBA, resulting in a noise level of 44 dBA or less at a distance of 75 feet. 15 2019-06-04 Agenda PacketPage 237 of 836 2019-06-04 Agenda PacketPage 238 of 836 Chen Ryan. 2018a. Traffic Impact Analysis. Bonita Glen. November 2018. Chen Ryan. 2018b. Memorandum. Bonita Glen Drive Parking Study Chula Vista, CA. September 2018. City of Chula Vista. 1977. Bonita Glen Specific Plan. Dudek. 2018a. Air Quality and Greenhouse Gas Emissions Analysis Technical Report for the Bonita Glen Project Chula Vista, California. December 2018. Dudek. 2018b. Biological Resources Report for Bonita Glen Drive Project. July 2018. Dudek. 2018c. Negative Cultural Resources Survey Letter Report for the Bonita Glen Development Project, City of Chula Vista, California. February 2018. Dudek. 2018d. Memorandum. Paleontological Resources Review Bonita Glen Drive Project. January 2018. Dudek. 2018e. Acoustical Assessment Report for the Bonita Glen Drive Project in Chula Vista Final. August 2018. 17 2019-06-04 Agenda PacketPage 239 of 836 INTENTIONALLY LEFT BLANK 18 2019-06-04 Agenda PacketPage 240 of 836 Page 241 of 836 2019-06-04 Agenda Packet INTENTIONALLY LEFT BLANK 20 2019-06-04 Agenda PacketPage 242 of 836 Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\MND Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\MND Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\MND Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\MND Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\MND 2019-06-04 Agenda PacketPage 253 of 836 Environmental Checklist Form 1. Proponent Name, Address, and Contact: Silvergate Development 4960 North Harbor Drive, Suite 200 San Diego, California 92106 Contact: Thomas Edmunds 619.625.1260 2. Lead Agency Name, Address, and Contact: City of Chula Vista Public Works Department 276 Fourth Avenue Chula Vista, California 91910 3. Name of Proposal: Bonita Glen Project 4. Date of Checklist: December 17, 2018 5. Case No. TBD 6. General Plan Designation: Commercial Retail 7. Zoning Designation: CCP, Bonita Glen Specific Plan 8. Project Description: PROJECT LOCATION AND SETTING The proposed Bonita Glen Project (proposed project) is located within the Bonita Glen Specific Plan Area just west of the 805 Freeway (I-805) and South of Bonita Road. The proposed project is located on 5.3 acres, over five separate, contiguous parcels, including Assessor Parcel Numbers 570-131-11-00, 570-140-40-00, 570-140-54-00, 570-140-48-00, and 570-140-51-00 and on the U.S. Geological Survey 7.5-minute National City Quadrangle in Section in Township 17 South and Range 2 West (Figure 1, Project Location). As shown on Figure 1, the site is within an urban portion of the City of Chula Vista (City) and in an area located directly between existing residential homes to the west, I-805 and residential to the east, commercial to the north, and a relatively small (approximately 2-acre) vacant parcel located to the south beyond Bonita Glen Drive. The project site has been previously disturbed and graded. The present site is vacant and relatively flat, with overall gradual sloping east to west. Elevations range from approximately 45 1 2019-06-04 Agenda PacketPage 254 of 836 feet above mean sea level (amsl) in the northwestern portion up to approximately 91 feet amsl in the south portion of the site. An ephemeral stream runs through the project site. Surface flows under existing conditions drain toward the southern end of the site. The existing project lacks visual quality, as it is characterized by disturbed vegetation with trash and several large pieces/piles of broken concrete debris observed on site. Land Use and Zoning The proposed project is governed by the Bonita Glen Specific Plan (Specific Plan; City of Chula Vista 1977a), which includes the development of residential-retail-commercial projects, over 8.74 acres of land. That Specific Plan was analyzed by Environmental Impact Report 77-2, adopted April 20, 1977. The site is currently designated under the Specific Plan as Commercial Retail; however, as stated in the Specific Plan, apartments and condominiums, when consistent with the adopted conceptual plan, and when approved under the project plan process and procedure, pursuant to Section 2.6, are permitted within the project area of the Bonita Glen Specific Plan. The Specific Plan also states that the Planning Commission, upon the recommendation of the Zoning Administrator, may adjust said standards and regulations upon finding that said adjustment will not adversely affect the nature, character, design, order, amenity or intent of the proposed project or Specific Plan. The height limit applied to the project site is 38 feet beyond 100 feet from Vista Drive, and 30 feet within 100 feet of Vista Drive. Because a portion of the proposed project would exceed the current maximum permitted height of 30 feet within 100 feet of Vista Drive, a waiver of development standards would be obtained through the state density bonus law to allow for additional height. Because of the density bonus law provisions, the proposed project would not require a rezone or Specific Plan Amendment. The Specific Plan is based on special standards and generalized site utilization plans and is designed to promote innovative and imaginative project planning. The text of the specific plan provides land use, bulk, height, setback, urban design, parking, landscaping, and sign control standards and regulations. According to the Specific Plan, the project site is currently designated as Commercial Retail in the City General Plan, but has been zoned as Central Commercial Zone (CCD) under the zoning plans of the City and County of San Diego (County) General Plan. As stated in the Specific Plan, this zone is oriented toward retail commercial and compatible uses, which are characterized by a strong emphasis upon qualitative community design. The CCD uses are those suited to the East Chula Vista-Bonita area and are the foundation of the Specific Plan. Surrounding Land Uses The project site is generally surrounded by residential and commercial land uses. To the north is La Quinta Hotel, which contains 3 stories and 142 hotel rooms. To the west and southwest are 2 2019-06-04 Agenda PacketPage 255 of 836 the Point Bonita Apartments. To the south, across from Bonita Glen Road, is a vacant residential lot, and single-family dwellings are farther south of the vacant lot. Single-family dwellings are bounded the project site to the east, with the I-805 farther east of the single-family dwellings. ENVIRONMENTAL ANALYSIS QUESTIONS Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Comments: (a) Less-Than-Significant Impact. is considered a scenic roadway from I-805 to Sweetwater Road. This portion of Bonita Road is on the opposite side of the I-805 as the proposed project site. In addition, East H Street is considered a scenic roadway from the I-805 to Mount Miguel Road. According to the Bonita Glen Specific Plan (City of Chula Vista 1977a) the portion of Bonita Road just north of the project site, is designated as a gateway in the Scenic Route Element of the General Plan. However, the existing General Plan does not identify Bonita Road as a primary or secondary gateway (City of Chula Vista 2005a). Any development on the site would be reviewed in relationship to the goal of enhancing this entryway to the City. 3 2019-06-04 Agenda PacketPage 256 of 836 Today, La Quinta Inn San Diego Chula Vista is located directly south of Bonita Road and is three stories in height. The La Quinta Inn would block the majority of views of the proposed project from Bonita Road. The Specific Plan states that the Planning Commission, upon the recommendation of the Zoning Administrator, may adjust said standards and regulations upon finding that said adjustment will not adversely affect the nature, character, design, order, amenity or intent of the proposed project or Specific Plan. Because the proposed project would exceed the current maximum permitted height of 30 38 feet, a waiver of development standards would be obtained through the state density bonus law to allow for additional height. As such, the proposed project would not require a rezone or Specific Plan Amendment. There are no scenic vistas on the project site, and the project site is not visible from this portion of Bonita Road or East H Street. The proposed residential development would be visually consistent with surrounding land uses, as the surrounding area is nearly completely built out with residential communities, commercial, and roadway infrastructure. There are no designated scenic vistas on or surrounding the project site; therefore, the proposed project would not result in an adverse effect on a scenic vista. Impacts would be less than significant. (b) Less-Than-Significant Impact. The closest state highway to the project site is I-805. This highway is not a designated state scenic highway per the Department of Transportation (Caltrans) State Scenic Highway Program. Therefore, the proposed project would not damage scenic resources within a state scenic highway, and no impact would occur. (c) Less-Than-Significant Impact. The proposed project site is characterized as substantially disturbed, undeveloped, and bifurcated by an existing natural stream. The site was previously graded, therefore it is relatively flat, with overall gradual sloping east to west. Elevations range from approximately 45 feet above mean sea level (amsl) in the northwestern portion up to approximately 91 feet amsl in the south portion of the site. There is a concrete brow ditch in the northern portion of the property that appears to be associated with the parking lot of the La Quinta Inn located immediately north of the site. Trash and litter has been observed throughout the site, during field surveys, along with several large pieces/piles of broken concrete debris in the western portion of the site. No structures exist on the property other than two corrugated-steel-pipe culverts associated with an ephemeral drainage. As previously discussed, the project site is generally surrounded by residential and commercial land uses. To the north is La Quinta Inn, which is three stories high with 142 4 2019-06-04 Agenda PacketPage 257 of 836 hotel rooms. To the west and southwest are the Point Bonita Apartments. To the south, across from Bonita Glen Road, is a previously disturbed, undeveloped residential lot, and single-family dwellings farther south of the vacant lot. Single-family dwellings are bound the project site to the east, with I-805 farther east of the single-family dwellings. Construction of the proposed project would introduce the potential use of heavy machinery, such as large trucks, cranes, bulldozers, and other equipment needed for grading and construction activities. The presence of this equipment and the grading and construction activities associated with the proposed project would alter the visual character and quality of the site during construction, and would be visible from surrounding areas. However, the visual alteration as a result of project construction would be short-term and temporary in nature, and the proposed project would adhere to all applicable City regulations related to building and construction. Therefore, construction-related impacts are determined to be less than significant. The proposed project would include the development of six three-story, garden-style buildings (two 21-plex buildings, two 18-plex buildings, and two 13-plex buildings) and one four-story podium-style building (66 units). Building elevations would not exceed 56 feet above grade as shown in Figure 6a, Buildings 16 Elevations, and Figure 56, Building 7 Elevations. The proposed project design would allow for development of wood framed residential units (Type V-A) atop a reinforced concrete podium (Type 1-A). The proposed building facades would consist of vinyl frame windows, fabric awnings on painted metal frames, sand finish stucco, and French doors at all unit entries. Balconies - finished metal siding and cement fiber horizontal siding, French doors, and fabric awnings over balconies with composite railings (Figures 6a and 6b). The proposed structure would be similar in scale and height to the existing surrounding developments. Exterior finishes would generally use earth-tones colors, which would not substantially contrast with the surround visual character. All buildings would be setback 25 feet from Bonita Glen Drive and 100 feet along the eastern boundary of the site from Vista Drive. There will be a 10-foot interior side yard setback along the north boundary of the site, where the project boundary abuts the La Quinta Hotel to the north. The existing ephemeral stream would continue to collect surface water following development. Other stormwater will be managed by using biofiltration basin-type drainage management areas in the northwestern area of the property. New trees and other landscaping would be planted around the proposed structures providing visual relief and softening. The proposed landscape, architectural design, and building scale would be consistent with the 5 2019-06-04 Agenda PacketPage 258 of 836 existing visual character of the site and surrounding area. Thus, impacts related to visual character or quality would be less than significant. (d) Less-Than-Significant Impact. Surrounding land uses include residential and commercial uses, and a disturbed undeveloped lot to the south of Bonita Glen Drive. This site has previously been planned for development, under the Specific Plan. Therefore, there would be no direct impact with regard to substantial light and glare. The proposed project would be in confor, Section 19.66.100, which state that multifamily developments shall ensure that building unit entries, parking areas, walkways and common areas should be appropriately lit with fixtures to complement project architecture, and that all exterior lighting shall be selective and shielded to confine light within the site and prevent glare onto adjacent properties or streets. Lighting fixtures would be shielded downward and away from adjacent residential land uses. The proposed project would not include large walls or expanses of glass or other highly reflective materials. Conformance with applicable City standards would ensure that impacts due to lighting and glare would be less than significant. Mitigation: No mitigation measures are required. Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact II. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to 6 2019-06-04 Agenda PacketPage 259 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non- agricultural use or conversion of forest land to non-forest use? Comments: (a) No Impact. The project site is vacant, has been previously graded, and is currently designated as Commercial Retail. Under the California Department of Conservation Farmland Mapping and Monitoring Program, the project site is designated as urban and built-up land (DOC 2016). Additionally, the project site is not designated under a City or County Agricultural Zone (City of Chula Vista 2005b). Implementation of the proposed project would not convert any existing farmland to a non-agriculture use; therefore, no impacts to farmland would occur as a result of the proposed project. 7 2019-06-04 Agenda PacketPage 260 of 836 (b) No Impact. As stated above, the project site is not zoned for agricultural use and is not subject to a Williamson Act contract. Additionally, there is no existing or designated agricultural land uses in the surrounding area. Therefore, no impacts would occur. (c) No Impact. any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and Public Resources Code, Section 12220(g)). Timberland i land owned by the federal government and land designated by the board as experimental forestland, which is available for, and capable of, growing a crop of trees of any commercial species used to produce lumber and other forest products, Section 51112 or 51113 and is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, as defined in The project site has been previously graded, and is currently designated as Commercial Retail. The surrounding area is almost entirely built out, and there are no designated forest land, timberland, or timberland production zones within the project site vicinity. Implementation of the proposed project would not result in conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland production. Therefore, no impacts would result. (d) No Impact. As discussed above, the project site has been previously graded, and no designated forest land exists on the project site. Therefore, no impacts to forest land or conversion of forest land to non-forest use would occur as a result of the proposed project. (e) No Impact. As described within the response to the previous thresholds, no portion of the project site is located within or adjacent to existing Prime, Unique, or Important agricultural areas, and project implementation would not result in the conversion of farmland to non-agricultural use. Additionally, no portion of the project site is located within or adjacent to forest land, timberland, or a Timberland Production Zone, and project implementation would not result in the conversion of forest land to non-forest use. Therefore, no impacts would occur. Mitigation: No mitigation measures are required. 8 2019-06-04 Agenda PacketPage 261 of 836 Less Than Potentially Significant Less-Than- Significant with Significant No Impact Issues: Impact Mitigation Impact Incorporated III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Comments: An Air Quality and Greenhouse Gas Emissions Analysis Technical Report (AQ/GHG Technical Report) prepared by Dudek for the proposed project (Dudek 2018a). A Health Risk Assessment (HRA) was performed to determine the risk to Project residents from the 805 freeway, which is approximately 276 feet from the eastern boundary of the site. The analysis contained in this section is based on the findings of an HRA and AQ/GHG Technical Report (Dudek 2018a). 9 2019-06-04 Agenda PacketPage 262 of 836 (a) Less-Than-Significant Impact. The San Diego Air Pollution Control District (SDAPCD) and San Diego Association of Governments (SANDAG) are responsible for developing and implementing the clean air plans for attainment and maintenance of the ambient air quality standards in the basin. Impacts were evaluated for their significance based on the mass daily criteria air pollutant thresholds of significance. Implementation of the proposed project would result in an increase in housing to the area. The number of the units is projected to grow from 79,255 in 2012 to 89,176 in 2020, 101,188 in 2035, and 108,273 in 2050 (SANDAG 2015). The SANDAG projections assume an annual increase of 1,240 units between 2012 and 2020, 801 units between 2020 and 2035, and 472 units between 2035 and 2050. The proposed project will bring the 170 units into operation in 2021. The additional 170 units are within the projected annual increase of 801 housing units per year. Therefore, the proposed project would be consistent with SANDAG projections. While the SDAPCD and City do not provide guidance regarding the analysis of impacts Significance and Report and Format and Content Requirements Air Quality does discuss conformance with the Regional Air Quality Strategy (RAQS) (County of San Diego 2007). The guidance indicates that if a project, in conjunction with other projects, contributes to proposed project would not be in conflict with the RAQS (County of San Diego 2007). As previously discussed, the proposed project would not contribute to growth in the region that is not already accounted for. Therefore, impacts would be considered less than significant. (b) Less-Than-Significant Impact. Construction Emissions Construction of the proposed project would result in a temporary addition of pollutants to the local airshed caused by soil disturbance, fugitive dust emissions, and combustion pollutants from on-site construction equipment and from off-site employee vehicles and haul trucks. Construction emissions can vary substantially from day to day, depending on the level of activity, the specific type of operation, and for dust, the prevailing weather conditions. The proposed project would generate construction-related air pollutant emissions from construction activities such as the following: entrained dust, off-road equipment, vehicle emissions, and architectural coatings. Entrained dust results from the exposure of earth surfaces to wind from the direct disturbance and movement of soil, resulting in coarse 10 2019-06-04 Agenda PacketPage 263 of 836 particulate matter (PM;particulate matter less than or equal to 10 microns in diameter) 10 and fine particulate matter (PM;particulate matter less than or equal to 2.5 microns in 2.5 diameter) emissions. The proposed project is subject to SDAPCD Rule 55, Fugitive Dust Control. This rule requires that the proposed project take steps to restrict visible emissions of fugitive dust beyond the property line. Compliance with Rule 55 would limit fugitive dust (PM and PM)that may be generated during grading and construction 102.5 activities. To account for dust control measures in the calculations, it was assumed that the active sites would be watered at least twice daily. Exhaust from internal combustion engines used by construction off-road equipment and on-road vehicles would result in emissions of oxides of nitrogen (NO), volatile organic x compounds (VOCs), carbon monoxide (CO), sulfur oxides (SO), PM, and PM. The x102.5 application of asphalt and architectural coatings, would also produce VOC emissions. Table 3 shows the estimated maximum daily construction emissions associated with construction of the proposed project without mitigation. Complete details of the emissions calculations are provided in AQ/GHG Technical Report (Dudek 2018a). Table 3 Estimated Maximum Daily Construction Criteria Air Pollutant Emissions As shown in Table 3, daily construction emissions would not exceed the significance thresholds for any criteria air pollutant. Therefore, impacts during construction would be less than significant. 11 2019-06-04 Agenda PacketPage 264 of 836 Operational Emissions Operations of the proposed project would generate VOC, NO, CO, SO, PM, and PM xx102.5 emissions from mobile and stationary sources, including vehicular traffic and area sources (water heating and landscaping). Table 4 presents the maximum daily emissions associated with the operation of the proposed project. The values shown are the maximum summer or winter daily emissions results from the California Emissions Estimator Model (CalEEMod). As shown in Table 4, the combined daily area, energy, and mobile source emissions recommended operational thresholds for VOCs, NO, CO, x SO, PM, and PM. Impacts associated with project-generated operational criteria air x102.5 pollutant emissions would be less than significant. Table 4 Estimated Maximum Daily Operational Criteria Air Pollutant Emissions (c) Less-Than-Significant Impact. Air pollution is largely a cumulative impact. The nonattainment status of regional pollutants is a result of past and present development, and the SDAPCD develops and implements plans for future attainment of ambient air quality standards. Based on these considerations, project-level thresholds of significance emissions would have a cumulatively significant impact on air quality. The SDAB is a nonattainment area for O3 under the NAAQS and CAAQS. Projects that emit these pollutants or their precursors (i.e., VOCs and NOx for O3) potentially contribute to poor air quality. However, a project would only be considered to have a significant cumulative 12 2019-06-04 Agenda PacketPage 265 of 836 total emissions. Projects that propose development that is consistent with the growth anticipated by local plans would be consistent with the SIP and RAQS and would not be considered to result in cumulatively considerable impacts from operational emissions. As stated previously, the proposed project would be consistent with the existing zoning and land use designation for the site and would not result in significant regional growth that is not accounted for within the RAQS. As a result, the proposed project would not result in a cumulatively considerable contribution to regional O3 concentrations or other criteria pollutant emissions. Cumulative impacts would be less than significant during operation. (d) Less-Than-Significant Impact With Mitigation Incorporated. Air quality varies as a direct function of the amount of pollutants emitted into the atmosphere, the size and topography of the air basin, and the prevailing meteorological conditions. Air quality problems arise when the rate of pollutant emissions exceeds the rate of dispersion. Reduced visibility, eye irritation, and adverse health impacts upon those persons termed area. Some land uses are considered more sensitive to changes in air quality than others, depending on the population groups and the activities involved. People most likely to be affected by air pollution, as identified by CARB, include children, the elderly, athletes, and people with cardiovascular and chronic respiratory diseases. As such, sensitive receptors include residences, schools, playgrounds, childcare centers, athletic facilities, long-term healthcare facilities, rehabilitation centers, convalescent centers, and retirement homes. The closest off-site sensitive receptors to the proposed project are residences adjacent to the western and eastern property boundaries. The proposed project would also introduce new on-site sensitive receptors to the area. Health Impacts of Toxic Air Contaminants Chula Vista 2005a), the siting of new sensitive receivers within 500 feet of highways resulting from development or redevelopment projects shall require the preparation of an HRA as part of the CEQA review of the proposed project. The proposed project is less than 300 feet from the 805 freeway and, thus, is subject to this requirement. The duration of exposure from the 805 freeway was assumed to be 24 hours per day, 365 days per week over 9, 30, and 70 years. The HRA methodology was further described in the AQ/GHG Technical Report (Dudek 2018a). The results of the HRA for TAC emissions from the 805 freeway on future residents are summarized in Table 5. 13 2019-06-04 Agenda PacketPage 266 of 836 Table 5 Roadway Health Risk Assessment Results Unmitigated The results of the operational HRA demonstrate that the TAC exposure from roadway emissions generated by the 805 freeway would result in cancer risk on site above the 10 in 1 million threshold. Therefore, TAC emissions from roadway emissions generate by the 805 freeway may result in a potentially significant impact and mitigation is required. Implementing Mitigation Measures (MM) MM-AQ-1, MM-AQ-2, and MM-AQ-3 would reduce the maximum cancer risks below the SDAPCD significance thresholds. Therefore, TAC emissions from the 805 freeway would not expose sensitive receptors to substantial pollutant concentrations. Health Impacts of Carbon Monoxide To verify that the proposed project would not cause or contribute to a violation of the CO standard, a screening evaluation of the potential for CO hotspots was conducted. A traffic impact analysis evaluated the level of service (LOS) (i.e., increased congestion) impacts at intersections affected by the proposed project (Appendix B). The potential for CO hotspots was evaluated based on the results of the traffic report. As the City does not hotspot screening guidance was followed to determine if the proposed project would require a site-specific hotspot analysis. The County recommends that a quantitative analysis of CO hotspots be performed for intersections operating at or below a LOS of -hour trips exceeding 3,000 trips. The proposed project analysis determined that there would be no intersections that would operate at a LOS E or lower with the proposed project (Appendix B). Therefore, a quantitative analysis is not required for the proposed project. In addition, because of continued improvement in vehicular emissions at a rate faster than the rate of vehicle growth and/or congestion, the 14 2019-06-04 Agenda PacketPage 267 of 836 potential for CO hotspots in the SDAB is steadily decreasing. Background CO levels in the area, are less than 20% of the 1- and 8-hour CAAQS and would be expected to improve further due to reductions in motor vehicle emissions. Based on these considerations, project operation would result in a less-than-significant impact to air quality with regard to potential CO hotspots. would not contribute to significant health effects associated with this pollutant. Health Impact of Other Criteria Air Pollutants Construction and operation of the proposed project would not result in emissions that for any criteria air pollutants. Volatile organic compounds (VOCs) and NO are precursors to O, for which the SDAB is designated as x3 nonattainment with respect to the NAAQS and CAAQS. The health effects associated with O3 are generally associated with reduced lung function. The VOC and NO x emissions associated with project construction and operations could minimally contribute to regional O concentrations and the associated health impacts. Additionally, it is not 3 expected that the proposed pional NOx emissions would result in exceedances of the NO2 standards or contribute to the associated health effects. Based on the preceding considerations, health impacts associated with criteria air pollutants would be considered less than significant. (e) Less-Than-Significant Impact. Odors are the form of air pollution that is most obvious to the general public and can present problems for both the source and surrounding community. Although offensive odors seldom cause physical harm, they can be annoying and cause concern. Odors would be potentially generated from vehicles and equipment exhaust emissions during construction of the proposed project. Potential odors produced during construction would be attributable to concentrations of unburned hydrocarbons from tailpipes of construction equipment, architectural coatings, and asphalt pavement application. Such odors would disperse rapidly from the project site and generally occur at magnitudes that would not affect substantial numbers of people. Therefore, impacts associated with odors during construction would be less than significant. Land uses and industrial operations associated with odor complaints include agricultural uses, wastewater treatment plants, food-processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding (SCAQMD 1993). The proposed project does not include any of the land uses typically associated with odor complaints. Therefore, project operations would result in an odor impact that would be less than significant. 15 2019-06-04 Agenda PacketPage 268 of 836 Mitigation: Consistent with SDAPCD guidance, mitigation measures were evaluated to identify ways to ensure that residents of the proposed project would not be exposed to health ure that impacts related to community risk and hazards from placement of sensitive receptors proximate to major sources of air pollution would be less than significant. The following mitigation measures would reduce the significant impacts associated with cancer risk levels below the SDAPCD thresholds: MM-AQ-1 Prior to the issuance of the first building permit, the applicant or its successor shall require the installation of high-efficiency return air filters on all heating, ventilation, and air conditioning (HVAC) systems serving the project. The air filtration system shall reduce at least 90% of particulate matter emissions, such as can be achieved with a Minimum Efficiency Reporting Value 13 (MERV 13) air filtration system installed on return vents in residential units. The property management for the project shall maintain the air filtration system on any HVAC system installed for the specified residential units in accordance with the m the life of the project. MM-AQ-2 Prior to the issuance of the first building permit, the applicant or its successor shall locate air intake vents on the residential buildings such that they do not face the 805 freeway and are as far from 805 freeway as practicable. This MM-AQ-3 Prior to issuance of the first certificate of occupancy, a City-approved, ASHRAE certified specialist shall verify the implementation of the installation of high-efficiency air filtration systems on return vents to reduce ambient particulate matter concentrations prior to occupancy of the residential units. On-going maintenance of the installed filtration systems shall be the responsibility of the applicant or its successor. The City may enforce that the life of the project. 16 2019-06-04 Agenda PacketPage 269 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 17 2019-06-04 Agenda PacketPage 270 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: A Biological Technical Report (BTR) was prepared for the proposed project by Dudek in July 2018 (Dudek 2018b). The analysis contained in this section is based on the findings of the BTR. (a) Less Than Significant with Mitigation Incorporated. Non-native grassland covers nearly the entire project site and is dominated by wild oat (Avena fatua), slender oat (Avena barbata), cheeseweed mallow (Malva parviflora), and ripgut brome (Bromus diandrus). There is a small strip of ornamental plantings consisting mostly of eucalyptus trees (Eucalyptus spp.). Table 6 provides the existing land covers of the project site. The developed area is a paved road along the northern side of the project site. Impacts to these types of land covers do not require mitigation. Table 6 Vegetation Communities and Land Covers Due to the predominance of non-native vegetation and site disturbance characteristics, the site has limited potential to provide habitat to support special-status wildlife species. As 18 2019-06-04 Agenda PacketPage 271 of 836 presented in Table 7, one special-status wildlife species is determined to have a moderate potential to occur on site: California horned lark (Eremophila alpestris actia). Table 7 Special-Status Wildlife Potentially Occurring on Site All other special-status wildlife species analyzed were determined to have low potential for occurrence or are not expected on site. Direct The proposed project will result in direct permanent impacts to approximately 4.35 acres of non-native grassland. Non-native grassland is a Tier III vegetation community per the City of Chula Vista MSCP Subarea Plan (Subarea Plan) and, therefore, is considered special status. Implementation of Mitigation Measure (MM)-BIO-1 will reduce these impacts to a level below significant. Indirect impacts (accidental encroachment) into vegetation communities listed as Tier I through Tier III beyond the proposed work areas is considered significant. Implementation of MM-BIO-1 will reduce these impacts to a level below significant. No special-status plant species were observed on site during the reconnaissance surveys. In addition, no special-status plants were identified as having a moderate or high potential to occur on site (Dudek 2018b). Therefore, the proposed project is not expected to impact special-status plants. No special-status wildlife species were observed during the reconnaissance survey or during the jurisdictional delineation. As shown on Figure 7, Hydrologic Setting, jurisdictional resources are located north of the site, on the opposite side of I-805. One special-status species has potential to occur within the non-native grassland in the project area. Adult individual California horned lark (state-listed watch list species, MSCP not 19 2019-06-04 Agenda PacketPage 272 of 836 covered) is very mobile and would not likely be directly impacted by construction crews. However, because there is some potential for this species to nest in the non-native grassland on site, impacts to nesting birds and their young could occur. If construction occurs during the general bird breeding season (February 15 through August 31), direct impacts to nesting birds could occur. Implementation of MM-BIO-2 will reduce impacts to nesting birds to below significant. Indirect Only slivers of the single vegetation community, non-native grassland, are adjacent to the project footprint and may be subject to short-term indirect impacts. Indirect impacts (accidental encroachment) into vegetation communities listed as Tier I through Tier III beyond the proposed work areas is considered significant. Implementation of MM-BIO-3 will reduce these impacts to a level below significant. No special-status plants were observed or have a moderate to high potential to occur on the project site. The proposed project is not expected to directly or indirectly impact special- status plant species, because none were observed and none have a moderate or high potential to occur. Most of the indirect impacts to vegetation communities noted previously can also affect special-status wildlife. In addition, wildlife may be indirectly affected in the short term and long term by noise and lighting, which can disrupt normal activities and subject wildlife to higher predation risks. Breeding birds can be affected by short-term construction-related noise, which can result in the disruption of foraging, nesting, and reproductive activities. Indirect impacts from construction-related noise may occur on nesting birds if construction occurs during the breeding season. Implementation of MM- BIO-2 will reduce impacts to nesting birds to below significant. (b) Less Than Significant with Mitigation Incorporated. As outlined above, impacts to non-native grassland vegetation communities are considered significant under the Subarea Plan and would require mitigation. Vegetation communities considered sensitive under the Subarea Plan are those listed as Tier I through Tier III, rare to common uplands, respectively, as well as wetlands. The proposed project would result in direct permanent impacts to approximately 4.35 acres of non-native grassland. The proposed project work areas occur within Tier III vegetation; these communities are expected to be directly impacted, since project activities will result in soil disturbance. Therefore, project impacts to non-native grassland (Tier III) are considered significant and require mitigation. Implementation of MM-BIO-1 and MM-BIO-3 would reduce these impacts 20 2019-06-04 Agenda PacketPage 273 of 836 to a level below significance. Impacts to riparian habitat or other sensitive natural communities would be less than significant with mitigation incorporated. (c) Less Than Significant with Mitigation Incorporated. Results of the delineation conducted in April 2017 and conclusions based on the site meeting conducted with RWQCB in June 2017 (Dudek 2018b) indicate that there is a jurisdictional feature on site where a portion is considered a water of the United States, state, and City under joint regulation by ACOE, RWQCB, CDFW, and the City. Additionally, a portion is considered a water of the state regulated by RWQCB only, under the Porter-Cologne Act (Figure 8, Biological and Jurisdictional Resources). No areas within the property were found to support all three parameters that would define wetland features (i.e., hydrophytic vegetation, hydric soils, and wetland hydrology). Jurisdictional acreages are provided in Table 8. Table 8 Jurisdictional Areas The proposed project was designed to avoid all direct impacts to both non-wetland waters of the United States regulated by ACOE, RWQCB, and CDFW and non-wetland waters of the state regulated by RWQCB only on site. The jurisdictional waters on the project site will be completely avoided and a minimum 5-foot buffer established on either side of the drainage/swale during grading, which is outside of a 10-year storm event. The potential short-term indirect impacts to vegetation communities described previously also apply to on-site jurisdictional waters. Potential edge effects to the jurisdictional waters of the United States and state identified in the study area are not anticipated because BMPs will be incorporated into the proposed project work area to eliminate any indirect impacts (e.g., dust, erosion, runoff) to jurisdictional waters. The proposed project is designed to avoid long-term indirect impacts. Specifically, post-construction runoff will be collected on site through area drain systems with catch basins within the landscaping and through curb inlets for all surface runoff within the parking and street areas. The site will be graded to allow for a combination of ribbon gutters, curb and gutter, swales, and a network of high points and 21 2019-06-04 Agenda PacketPage 274 of 836 low points that direct the surface runoff toward the inlets and catch basins, avoiding indirect impacts to the jurisdictional waters. The site design locates the development and infrastructure above the existing grade of the drainage swale in order to avoid 100-year flood events. While there is a minimum of a 5-foot buffer established for the drainage/swale, the final design build out results in a wider buffer, ranging from at least 9.5 feet to 11.5 feet in worst-case scenarios. Direct impacts to jurisdictional waters of the United States/state/City are not expected with implementation of the proposed project. Indirect impacts to adjacent jurisdictional waters of the United States/state/City are considered significant. Implementation of MM-BIO-3 will reduce these impacts to a level below significant. Impacts to federally protected wetlands would be less than significant with mitigation incorporated. (d) Less-Than-Significant Impact. Wildlife corridors are linear features that connect large patches of natural open space and provide avenues for the immigration and emigration of animals. Wildlife corridors contribute to population viability in the following ways: (1) they allow the continual exchange of genes between populations, which helps maintain genetic diversity; (2) they provide access to adjacent habitat areas, representing additional territory for foraging and mating; (3) they allow for a greater -(4) they provide routes for recolonization of habitat lands following local population extinctions or habitat recovery from ecological catastrophes, such as fires. Habitat linkages are patches of native habitat that function to join two substantially larger patches of habitat. They serve as connections between distinct habitat patches and help reduce the adverse effects of habitat fragmentation. Although individual animals may not move through a habitat linkage, the linkage does represent a potential route for gene flow and long-term dispersal. Habitat linkages may serve both as habitat and as avenues of gene flow for small animals, such as reptiles and amphibians. Habitat linkages may be - The project site is disturbed, lacks connectivity to any natural undeveloped areas, and is isolated by the surrounding existing development. There are no native habitats on site and the non-native grassland is heavily disturbed in character. The entire site is non-native grassland, which can provide suitable habitat for some reptile and small mammal species; however, given the spatial context of the site and the characteristics mentioned previously, the project site does not serve as a wildlife corridor or habitat linkage; thus, impacts are determined to be less than significant. 22 2019-06-04 Agenda PacketPage 275 of 836 (e) Less-Than-Significant Impact.The proposed project site is located within the Bonita Glen Specific Plan and as such has not been identified as a strategic preserve area within the City nor is it located within a designated conservation area; therefore, the proposed project would not impact Specific Plan. Additionally, the -05) only establishes policies for the preservation of City street trees. Implementation of the proposed project would not affect the removal of any trees considered street trees within the City, and, therefore, would not conflict with a tree preservation policy or ordinance. Implementation of the proposed project would not conflict with any local policies or ordinances protecting biological resources, and impacts are determined to be less than significant. (f) Less Than Significant with Mitigation Incorporated. The proposed project is not located within a MSCP Reserve/Conservation Area, as shown on Figure 9, City of Chula Vista MSCP Reserve/Conservation Area. The proposed project design is consistent with the Subarea Plan through specific adherence to mitigation/conveyance requirements for Development Projects Outside of Covered Projects as defined in the Subarea Plan. As stated above, the proposed project site is located within the Development Area of the City Planning Component as identified in the Subarea Plan (City of Chula Vista 2003). As such, the project has not been identified as a strategic preserve area within the City nor is it located within a designated conservation area; therefore, the proposed project would not impact the goals and objectives of the Subarea Plan. However, the proposed project would impact approximately 4.35 acres of non-native grassland (Tier III). Implementation of MM-BIO-1 and MM-BIO-3 would reduce potential impacts to a level below significant. Furthermore, Wetlands protection must be provided throughout the subarea and an evaluation of wetlands avoidance and minimization is required. If impacts are unavoidable, no net loss of wetlands must be achieved through compensatory mitigation as prescribed by the Subarea Plan Table 5-6. As stated previously, the proposed project would not avoid all City wetlands. Impacts are determined to be less than significant with MM-BIO-1 and MM-BIO-3 incorporated. Mitigation: The mitigation measures outlined below are required to offset significant direct and indirect impacts to sensitive vegetation communities, breeding birds, and jurisdictional resources. These mitigation measures would reduce identified and potential significant impacts to a less than significant level. 23 2019-06-04 Agenda PacketPage 276 of 836 MM- BIO-1 Prior to issuance of land development permits, including clearing, grubbing, grading and construction permits, the applicant shall mitigate direct impacts to 4.35 acres of non-native grassland pursuant to the City of Chula Vista (City) Multiple Species Conservation Program (MSCP) Subarea Plan (Subarea Plan). The applicant shall secure mitigation credits within a City-approved Conservation Bank or other approved location offering mitigation credits consistent with the ratios specified in Table 5-3 of the Subarea Plan. The applicant is required to provide the City with verification of mitigation credit purchase prior to issuance of any land development permits. If mitigation credits are not purchased, the applicant must prepare a habitat mitigation and monitoring plan to the satisfaction of the City. The plan shall include, at a minimum, an implementation plan to provide the required mitigation acreages of non-native grassland, a maintenance and monitoring program, an estimated completion time, performance standards, and any relevant contingency measures. The applicant shall also be required to implement the habitat mitigation and monitoring plan subject to the oversight of the City. MM-BIO-2 To avoid any direct or indirect impacts to nesting birds, construction activities should occur outside of the breeding season (February 15 to August 31). If construction activity is scheduled during the general bird nesting season, a qualified biologist shall conduct a pre-construction survey to determine the presence or absence of nesting bird species within the proposed work areas. The pre-construction survey shall be conducted within 4 calendar days prior to the start of construction activities. The applicant shall submit the results of the pre- construction survey to City staff for review and approval prior to initiating any construction activities. If nesting birds are detected, a letter report or mitigation plan i federal law (e.g., appropriate follow-up surveys, monitoring schedules, construction and noise barriers/buffers) shall be prepared and shall include proposed measures to be implemented to ensure that take of birds or eggs or disturbance of breeding activities is avoided. The report or mitigation plan shall be submitted to the City for review and approval and shall be implemented to the satisfaction of the City. The City Resident Engineer and/or project biologist shall verify and approve that all measures identified in the report or mitigation plan are in place prior to and/or during construction. If nesting birds are not detected during the pre-construction survey, no further mitigation is required. 24 2019-06-04 Agenda PacketPage 277 of 836 MM- BIO-3 To avoid any unexpected impacts (i.e., encroachment) into vegetation and/or jurisdictional waters, the project contractors will delineate (in coordination with the project biologist) all approved access paths and construction work areas. The limits of work, including the designated footpath access, will be delineated with flagging or fencing as appropriate and will be installed prior to work activities. A pre-construction meeting shall be held between all contractors and the qualified project biologist and during this meeting, the biologist will educate the contractors on sensitive biological resources (including non-wetland waters of the United States/state) and project avoidance measures. All project site personnel shall provide written acknowledgment of having received avoidance training. This training shall include information on the location of the approved access paths and work areas, the necessity of preventing damage and impacts to sensitive biological resources, and discussion of work practices that will accomplish such. Lastly, the project biologist will conduct weekly monitoring to ensure that the appropriate avoidance measures are implemented. If unauthorized impacts occur outside of the approved project boundary, the contractor shall notify the City Resident Engineer and project biologist immediately. The project biologist shall evaluate the additional impacts to determine the size of the impact and the vegetation communities, land covers, and/or jurisdictional resources impacted. The footprint of the impact shall be recorded with a GPS, and the project biologist will report the impacts to City staff and the appropriate permitting agencies (where appropriate) for approval of the impact record and to establish any necessary follow-up mitigation measures. These measures may include additional mitigation credits purchased within a City-approved Conservation Bank or other approved location offering mitigation credits consistent with the ratios specified in Table 5-3 of the Subarea Plan. Any unauthorized impacts to jurisdictional waters/wetlands would require reporting to the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board, and the City as well as development of a Waters/Wetlands Restoration Plan to restore pre-impact conditions as directed by the agencies. The Revegetation Plan and/or Waters/Wetlands Restoration Plan shall include a description of the suitability of the restoration area, planting and irrigation plan, maintenance and monitoring requirements, and performance standards that ensures that the intended restoration is achieved. The plans and associated monitoring reports shall be submitted to City staff. 25 2019-06-04 Agenda PacketPage 278 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Comments: A Phase I Cultural Resource Survey Letter was prepared for the proposed project by Dudek in February 2018 (Dudek 2018c). A Paleontological Resources Review Memorandum was prepared for the proposed project by Dudek in January 2018, by a senior paleontologist (Dudek 2018d). The analysis contained in this section is based on the findings in Appendices D and E. (a) No Impact. The project site is currently vacant with the no structures present on the property. The site has been previously graded and disturbed. No other structures exist on site, and no impact to historical resources would occur. (b)Less Than Significant with Mitigation Incorporated. As part of the Phase I Cultural Resource Survey, a records search of the project area and a 1-mile radius around the proposed project was conducted by Dudek staff at the California Historic Resources Inventory System (CHRIS) South Coast Information Center (SCIC) at San Diego State University. These records indicate that three previous studies have intersected at least a portion of the project area. All three of these previous studies consist of broader 26 2019-06-04 Agenda PacketPage 279 of 836 overviews or historic inventories of the general vicinity and did not specifically identify the current project APE within the studies. No previously recorded cultural resources were identified within the project APE during the archival records search. The current intensive pedestrian field survey was conducted by Dudek on October 15, 2017. No artifacts or features were identified during this survey. Due to the low potential for cultural resources in the APE, no further studies are recommended, including construction monitoring (Dudek 2018c). Although unlikely due to the existing graded and disturbed nature of the project site, the proposed project may unexpectedly encounter previously unknown cultural resources during excavation of the proposed project. In the occurrence an archaeological resource is found during construction activities, implementation of MM-CUL-1 will reduce the potential for impacts to such resources to less than significant. With implementation of the archaeological monitoring program, potential impacts to archaeological resources would be reduced to less than significant. (c) Less Than Significant with Mitigation Incorporated. The project site is mapped as Quaternary very old paralic deposits, undivided, which are roughly correlative with the Lindavista Formation, and the San Diego Formation (approximately 3 to 1.5 million years old) is mapped at the eastern most extent of the project area and presumably underlies the Lindavista Formation at depth within the project area (Dudek 2018d). The records search results received from the San Diego Natural History Museum (SDNHM) on January 5, 2018, the San Diego Formation has a high potential to yield paleontological resources, the Lindavista Formation has a moderate potential to yield paleontological resources (i.e., moderate resource importance), whereas younger alluvial flood-plain deposits have a low potential to yield paleontological resources. The museum records search results letter indicates that paleontological localities are documented nearby from the same geological units that occur beneath portions of the project site, specifically, the San Diego Formation. As such, these sedimentary deposits have the potential to yield scientifically significant vertebrate fossils. A paleontological resources mitigation program is recommended for excavation within moderate to high sensitivity geological units (e.g., Lindavista Formation and San Diego Formation, respectively) and should be implemented in accordance with MM-CUL-2. Excavation within lower sensitivity units (e.g., Holocene age alluvial flood-plain deposits) does not require mitigation. Implementation of MM-CUL-2 would reduce the potential for impacts to paleontological resources to less than significant. (d) Less Than Significant. The project site is not currently used as a cemetery and is not otherwise known to contain human remains. However, it is possible that human remains may be found during project excavation and grading activities. Should any human remains be encountered during ground-disturbing activities, the proposed project would 27 2019-06-04 Agenda PacketPage 280 of 836 comply with the California Health and Safety Code, Section 7050.5. As required by California Health and Safety Code, Section 7050.5, no further disturbance shall occur in areas that could contain human remains until the County Coroner has made a determination of origin and disposition pursuant to California Public Resources Code, Section 5097.98. The requirements of California Public Resources Code, Section 5097.98, state that the County Coroner must be notified of the find immediately. If the human remains are determined to be prehistoric, the County Coroner will notify the Native American Heritage Commission within 24 hours. The Native American Heritage Commission will then determine and notify a most likely descendant. The most likely descendant shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Compliance with existing regulations for proper protocol of inadvertent discovery of human remains would ensure that impacts would be less than significant. Mitigation: MM-CUL-1 In the unlikely event that archaeological resources are unearthed during project excavation, all project construction activities within 200 feet of the discovery shall cease. The prime contractor shall immediately notify the City of Chula Vista (City). Upon notification of the discovery, the City shall retain a qualified archaeologist who potential significance of the discovery and propose appropriate mitigation per the California Environmental Quality Act (CEQA) or Section 106 of the National Historic Preservation Act. Work within 200 feet of the discovery shall not continue until the qualified archaeologist has completed the assessment of the discovery. MM-CUL-2 Prior to the issuance of grading permits, the applicant shall provide written confirmation to the City that a qualified paleontologist has been retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with an MS or PhD in paleontology or geology who is familiar with paleontological procedures and techniques). A pre-grade meeting shall be held among the paleontologist and the grading and excavation contractors. A paleontological monitor shall be on site at all times during the original cutting of previously undisturbed sediments of highly sensitive geologic formations (i.e., San Diego Formation) to inspect cuts for contained fossils. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.) The paleontological monitor shall work under the 28 2019-06-04 Agenda PacketPage 281 of 836 direction of a qualified paleontologist. The monitor shall be on site on at least a half-time basis during the original cutting of previously undisturbed sediments of moderately sensitive geologic formations (e.g., Lindavista Formation) to inspect cuts for contained fossils. The monitor shall be on site during the original cutting of previously undisturbed sediments of moderate and high sensitivity geologic formations (e.g., Lindavista Formation and San Diego Formation, respectively) to inspect cuts for contained fossils. Monitoring is not required during excavation into low resource sensitivity geologic formations (e.g., young alluvial flood-plain deposits). In the event that fossils are discovered in unknown, low, or moderately sensitive formations, the applicant shall increase the per-day field monitoring time. Conversely, if fossils are not discovered, the monitoring, at the discretion of the City's Deputy City Manager/Development Services Director or its designee, shall be reduced. A paleontological monitor is not needed during grading of rocks with no resource sensitivity. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete whale skeleton) may require an extended salvage time. In these instances, the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovery of small fossil remains such as isolated mammal teeth, it may be necessary in certain instances and at the discretion of the paleontological monitor to set up a screen-washing operation on the site. Prepared fossils along with copies of all pertinent field notes, photos, and maps shall be deposited in a scientific institution with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed. This report shall include discussions of the methods used, stratigraphy exposed, fossils collected, and significance of recovered fossils. 29 2019-06-04 Agenda PacketPage 282 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact VI. GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Strong seismic ground shaking? Seismic-related ground failure, including liquefaction? Landslides? Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? 30 2019-06-04 Agenda PacketPage 283 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: A Preliminary Geotechnical Investigation and Infiltration Study was prepared for the proposed project by NOVA in December 2017, which provides a review of soil and geologic-related hazards common to the project region. Additionally, a Stormwater Quality Management Plan (SWQMP) was prepared for the proposed project by Latitude 33 Planning and Engineering in June 2018. The analysis contained in this section is based on the findings in these referenced documents. (i) Less-Than-Significant Impact. The proposed project is not located within an Alquist-Priolo earthquake fault zone. The nearest known active faults are faults within the Rose Canyon fault system, located 3 miles west of the site (NOVA 2017). The nearest mapped fault is the Sweetwater Fault, a quaternary fault assumed to be inactive (NOVA 2017). Because of the lack of known active faults on the site, the potential for surface rupture at the site is considered low. Shallow ground rupture due to shaking from distant seismic events is not considered a significant hazard, although it is a possibility at any site (NOVA 2017). The proposed project would be constructed in accordance with the requirements of the governing jurisdictions, California Building Code (CBC), and standard practices of the Association of Structural Engineers of California. The proposed project would not expose people or structures to impacts related to rupture of a known earthquake fault. Impacts would be less than significant. (ii) Less-Than-Significant Impact.No active earthquake faults are identified as occurring on or directly adjacent to the project site, and the project site is not located within an Alquist-Priolo fault zone (NOVA 2017). Additionally, the site-specific report prepared concluded that possible ground shaking or acceleration on site would be similar to the Southern California region as a whole, and effects would be minimized through compliance with the CBC. Therefore, through adherence with CBC requirements, impacts resulting from seismic related ground shaking would be less than significant. 31 2019-06-04 Agenda PacketPage 284 of 836 (iii) Less-Than-Significant Impact. Liquefaction is a process in which strong ground shaking causes saturated soils to lose their strength and behave as a fluid. Ground failure associated with liquefaction can result in severe damage to structures. The geologic conditions for increased susceptibility to liquefaction are shallow groundwater (less than 60 feet in depth), cohensionless soils of looser consistency, and strong ground shaking. The stiff/dense and geologically older subsurface units at this site have no potential for liquefaction (NOVA 2017). Additionally, the City General Plan, the proposed project site is not located within a liquefaction hazard area (City of Chula Vista 2005a, Figure 9-7). As previously stated, all construction associated with the proposed project would comply with the CBC and with City building requirements. Thus, impacts associated with liquefaction would be less than significant. (iv) Less-Than-Significant Impact. The proposed project site is not located within a landslide hazard area as indicated in the City General Plan (City of Chula Vista 2005a, Figure 9-7). As concluded in the Preliminary Geotechnical Investigation and Infiltration Study, no known active faults cross the site and that the natural slope that the site is located on has a very low susceptibility for landslides. Therefore, impacts would be less than significant. (b) Less-Than-Significant Impact. Ground surfaces will be exposed during construction. Construction projects that involve the disturbance of 1 or more acres of soil are required to obtain coverage under the State Water Resources Control Board General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit). The Construction General Permit requires the development and implementation of a stormwater pollution prevention plan (SWPPP), which contains standard construction BMPs intended to prevent the off-site discharge of soil or construction materials in stormwater. With implementation of the SWPPP, the potential for substantial soil erosion or the loss of topsoil is considered less than significant. The proposed impervious areas include sidewalks, buildings, patios, a pool area, courtyards, and surface parking. In order to mitigate the impervious area, the proposed project proposes three biofiltration basins that are projected to treat 84% of the runoff. The other 16% will drain naturally into the stream in the middle of the site (Latitude 33 Planning and Engineering 2018a). In developed conditions, the existing ephemeral stream would remain in a natural state with graded embankments to the east and west of the delineated existing stream while leaving the stream in its natural existing condition. The embankments of the ephemeral stream would include embankment stability, such as vegetating the embankments to reduce erosion. As discussed the SWQMP, no new slopes 32 2019-06-04 Agenda PacketPage 285 of 836 are planned as part of the future site development. The site is rimmed by ascending slopes to the south and east. Retaining walls are proposed throughout the site for adaptation of the development to the existing slopes. Therefore, the potential for substantial soil erosion or the loss of topsoil is considered less than significant. (c) Less-Than-Significant Impact. Refer to responses VI(a)(iii) and VI(a)(iv). No active earthquake faults are identified as occurring on or directly adjacent to the project site. The nearest known active fault is within the Rose Canyon Fault Zone, located approximately 3 miles west from the project site (Dudek 2018d). Additionally, as indicated on Figure 9-7, Geologic Hazards Map, in the City General Plan, the proposed project site is not located within an area of high liquefaction potential or within a landslide hazard area (City of Chula Vista 2005a). Impacts would be less than significant. (d) Less-Than-Significant Impact. Expansive soils are characterized by their ability to undergo significant volume changes (shrinking or swelling) due to variations in moisture content¸ the magnitude of which is related to both clay content and plasticity index. According to the Preliminary Geotechnical Investigation and Infiltration Study, the geologic units encountered at this site include alluvium and Very Old Paralic deposits, which are shallow marine and nonmarine terrace deposits of Pleistocene age. These deposits typically consist of consolidated, light brown to reddish brown, clean to silty, medium- to coarse-grained sand and gravels with localized interbeds of clayey sand and sandy clay. The encountered soils are expected to possess a low expansion potential (NOVA 2017). Therefore, with adherence to the CBC, the potential for impacts associated with expansive soils would be less than significant. (e) No Impact. Implementation of the proposed project would not result in the need for a septic tank or alternative wastewater disposal system. No impact would result. Mitigation: No mitigation measures are required. Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact VII. GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? 33 2019-06-04 Agenda PacketPage 286 of 836 Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases Dudek prepared an Air Quality and Greenhouse Gas Emissions Analysis Technical Report for the proposed project in July 2018. The analysis contained in this section is based on the findings of the Air Quality and Greenhouse Gas Emissions Assessment. Comments: (a) Less-Than-Significant Impact. Construction of the proposed project would result in GHG emissions, which are primarily associated with use of off-road construction equipment, on-road hauling and vendor (material delivery) trucks, and worker vehicles. Table 9 shows the estimated annual GHG construction emissions associated with the proposed project, as well as the amortized construction emissions over a 30- Table 9 Estimated Annual Construction GHG Emissions Total construction emissions for the proposed project are estimated to be 437 MT COE. 2 Estimated amortized project-generated construction emissions would be approximately 15 MT COE. However, because there is no separate GHG threshold for construction emissions 2 alone, the evaluation of significance is included in the operational analysis below. Operational Emissions Operation of the proposed project would generate GHG emissions through motor vehicle trips to and from the project site; landscape maintenance equipment operation; energy use (natural gas and generation of electricity consumed by the proposed project); solid waste 34 2019-06-04 Agenda PacketPage 287 of 836 1 disposal; and generation of electricity associated with water supply, treatment, and distribution and wastewater treatment. The estimated operational (Year 2021) project- generated GHG emissions from area sources, energy use, motor vehicles, solid waste generation, and water usage and wastewater generation are shown in Table 10. Table 10 Estimated Annual Operational GHG Emissions As shown in Table 10, estimated annual project-generated GHG emissions in 2021 would be approximately 915 MT COE per year as a result of project operations. Estimated 2 annual project-generated emissions in 2021 from area, energy, mobile, solid waste, and water/wastewater sources and amortized project construction emissions would be approximately 930 MT COE per year. Using the estimated operational emissions of 930 2 MT CO2E and service population of 548, the proposed project would have a GHG efficiency metric of 1.70 MT CO2E per SP. The latest version of the City Climate Action Plan (CAP) was adopted on September 26, 2017, by the City Council and provides updated goals, policies, actions, and the latest city-wide inventory and projections. The CAP contains goals of 6 MT CO2E per person by 2030 and 2 MT CO2E per person by 2050. A quantitative analysis using a City- specific efficiency metric threshold for a post-2020 year (i.e., 2021) was developed. The efficiency metric calculated for 2021 is 1.78 MT COE per SP. This efficiency metric is 2 lower than the significance threshold of 1.78 MT COE per person, which is based on the 2 CAP goal to reduce GHG emissions 40% below 1990 levels by 2030. 1 Electricity services would be provided by San Diego Gas and Electric (SDGE) (SDGE 2018). 35 2019-06-04 Agenda PacketPage 288 of 836 (b) Less-Than-Significant Impact. This section discusses the proposed Consistency with the CAP CAP is not considered a qualified GHG reduction plan in accordance with CEQA Guidelines, Section 15183.5, as it has not been adopted in a public process following environmental review. Consistency analysis CAP for the preparation of the Air Quality and Greenhouse Gas Emissions Analysis Technical Report (Dudek 2018). However, the consistency analysis was performed for informational purposes only and will not be used to determine significance. The proposed project includes several design features that will help reduce its GHG emissions in line he proposed project would be consistent with the applicable Regarding consistency proposed project would include site design elements and project design features developed to support the policy objectives of the RTP and SB 375. The convenient availability of walking and bicycling trails and parks that are accessible for use by residents will serve to reduce VMT. Finally, because the proposed project is an infill project, it would have inherently fewer VMT than a project located at the outskirts of a city. As further analyzed in the AQ/GHG Technical Report, the proposed project is consistent with all applicable Regional Plan Policy Objectives or Strategies. One of the key achievements projected for the Regional Plan is for nearly three-quarters of multifamily housing to be built on redevelopment or infill sites. The proposed project would be consistent with that goal as it is developing on an infill site. In summary, the proposed project promotes a pedestrian experience for the proposed p-vehicular travel, consistent with SB . Impacts would be less than significant. The Scoping Plan, approved by CARB on December 12, 2008, provides a framework for emissions and requires CARB and other state agencies to adopt regulations and other initiatives to reduce GHGs. As such, the Scoping Plan is not directly applicable to specific projects. Under the Scoping Plan, however, there are several state regulatory measures aimed at the identification and reduction of GHG emissions. Most of these measures focus on area source emissions (e.g., energy usage, high-GWP GHGs in 36 2019-06-04 Agenda PacketPage 289 of 836 consumer products) and changes to the vehicle fleet (i.e., hybrid, electric, and more fuel- efficient vehicles) and associated fuels (e.g., low-carbon fuel standard), among others. To the extent that these regulations are applicable to the proposed project, its inhabitants, or uses, the proposed project would comply with all applicable regulations adopted in furtherance of the Scoping Plan. Finally, the SDAPCD has not adopted GHG reduction measures that would apply to the GHG emissions associated with the proposed project. Therefore, this impact would be less than significant. No mitigation is required. Mitigation: No mitigation measures are required. Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the 37 2019-06-04 Agenda PacketPage 290 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: A Phase I Environmental Site Assessment (ESA) was prepared for the proposed project by Construction Testing and Engineering Inc. in May 2016. The analysis contained in this section is based on the findings of the Phase I ESA. (a) Less-Than-Significant Impact. A variety of hazardous substances and wastes would be stored, used, and generated during construction of the proposed project. These would include fuels for machinery and vehicles, new and used motor oils, and storage containers and applicators containing such materials. Accidental spills, leaks, fires, explosions or pressure releases involving hazardous materials represent a potential threat to human 38 2019-06-04 Agenda PacketPage 291 of 836 health and the environment if not properly treated. Adherence to the construction specifications and applicable federal, state, and local regulations regarding hazardous materials and hazardous waste, including disposal, would ensure that construction of the proposed project would not create a significant hazard to the public or the environment. Impacts related to hazardous materials during construction would be less than significant. The operational phase of the proposed project primarily involves residential dwelling with associated landscape and facility maintenance; none of the proposed land uses are typically considered hazardous to the public. Hazardous materials would then be limited to private use of commercially available cleaning products, landscaping chemicals and fertilizers, and various other commercially available substances. Construction and operation of the proposed project would be required to comply with relevant federal, state, and local health and safety laws, which are intended to minimize health risk to the public associated with hazardous materials. Additionally, it can expected that the proposed project would be required to implement a Stormwater Pollution Prevention Plan (SWPPP), which will contain construction Best Management Practices (BMPs) for handling of hazardous materials. Therefore, impacts would be less than significant. (b) Less-Than-Significant Impact. As indicated in the Phase I ESA, the site was used for agricultural purposes from 1949 until 1970. Aerial photographs also show that fill soil was placed on site and roughly graded between 1970 and 1979. During this time, organic chlorine pesticides (OCPs) were used in agricultural settings. Since that time, the former near surface natural ground was disturbed and removed. As such, near surface soils potentially containing OCPs are no longer likely to be present or present a potential environmental concern (Construction Testing and Engineering Inc. 2016). A standard American Society for Testing and Material (ASTM) search was performed for the site and did not provide listing for the project site. The Environmental Data Resources (EDR) Report indicated the gas station adjacent to the northwest corner of the site at 100 Bonita Road had release petroleum hydrocarbon constituents from an underground storage tank in 2003 (Construction Testing and Engineering Inc. 2016). However, according to the Corrective Action Plan cited via the State Water Resources Control , property line of the project site, and the 100 Bonita Road site was adequately remediated. Random inert construction debris such as concrete curbs were noted throughout the site. Concrete washout materials, two rusted pails and a few tires were also observed. These objects and materials are not likely to be an environmental concern, due to the local and inert nature (Construction Testing and Engineering Inc. 2016). 39 2019-06-04 Agenda PacketPage 292 of 836 A variety of hazardous substances and wastes would be stored, used, and generated during construction of the proposed project. Accidental spills, leaks, fires, explosions, or pressure releases involving hazardous materials represent a potential threat to human health and the environment if not properly treated. If construction activities encounter underground contamination, the contractor would be required to implement Section 803, Encountering or Releasing Hazardous Substances or Petroleum Products, of the City of San Diego Standard Specifications for Public Works Construction, which is included in all construction documents and would ensure the proper handling and disposal of any contaminated soils in accordance with all applicable local, state, and federal regulations. Compliance with these requirements would minimize the risk to the public and the environment; therefore, impacts would be less than significant. (c) No Impact. The proposed project is not within one-quarter mile of an existing or proposed school. The closest schools to the proposed project site are Rosebank Elementary School (0.5 miles) and Bonita Learning Academy (0.6 miles). As such, the proposed project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school, and no impact would occur. (d) No Impact. Refer to response VIII(b). The ASTM search and EDR Report did not provide listing for the project site. The project site was found on a list of hazardous materials sites; however, according to the Corrective Action Plan cited through the website, the soil underlying the service station did not cross the property line of the project site, and the 100 Bonita Road site was adequately remediated, and no further action was required (Construction Testing and Engineering Inc. 2016). No registered hazardous sites occur on site, and no impact would occur. (e) Less-Than-Significant Impact. The closest airport to the project site is the Brown Field Municipal Airport, which is approximately 6.3 miles to the south. However, the rport operations would not result in any significant impacts to the proposed project (San Diego County Regional Airport Authority 2010). (f) No Impact. The proposed project site is not located within the vicinity of a private airstrip. Therefore, no impacts would occur. (g) Less-Than-Significant Impact. The proposed project would not impair implementation of or physically interfere with an adopted emergency response or 40 2019-06-04 Agenda PacketPage 293 of 836 evacuation plan. During construction activities, construction equipment staging areas would be restricted to on-site locations. All construction within public roadways would General Plan, the nearest evacuation routes are Bonita Road and I-805, located just north and east of the project site respectively (City of Chula Vista 2005a). Therefore, impacts to emergency response and/or evacuation plans would be less than significant. (h) Less-Than-Significant Impact. Wildland fires present a significant threat in the City. Areas in the City that are particularly susceptible to these fires, are designated Wildland Fire Hazard Map. Very High Hazard areas within the City are located south of the eastern portion of the Lower Otay Reservoir and south of Otay Lakes Road (City of Chula Vista 2005a). The proposed project is located in an area designated as area of Chula Vista, and it is unlikely wildland fires would affect the project site. Therefore, impacts from wildland fires at the site due to the proposed project would be less than significant. Mitigation: No mitigation measures are required. Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact IX. HYDROLOGY AND WATER QUALITY. Would the project: a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? 41 2019-06-04 Agenda PacketPage 294 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structures within a 100-year flood hazard area which would impede or redirect flood flows? e) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 42 2019-06-04 Agenda PacketPage 295 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Comments: Latitude 33 Planning and Engineering prepared a Priority Development Project (PDP) Storm Water Quality Management Plan and a Preliminary Drainage Study for the proposed project (Latitude 33 Planning and Engineering 2018a; Latitude 33 Planning and Engineering 2018b). Additionally a Hydrologic and Hydraulic Analysis was prepared for the Bonita Glen Creek, by REC Consultants in January 2018, and revised in June 2018 (REC Consultants 2018). These reports are used to support the analysis included below. (a) Less-Than-Significant Impact. An ephemeral stream, also referred to as Bonita Glen Creek, runs through the middle of the project site. Surface flows under existing conditions drain toward the southern end of the site. Drainage that comes from the eastern part of the site, flows from the streets to an existing catch basin, which ultimately flows down to a concrete ditch and outlets into the above said stream (REC Consultants 2018). All of the flow then outlets as untreated runoff to point of compliance. The proposed project proposes to reroute the existing drainage into treatable areas, biofiltration basins, and outlet through an existing storm drain on the western side of the project site. Construction projects that involve the disturbance of one or more acres of soil are required to obtain coverage under the State Water Resources Control Board Construction General Permit. Construction activity subject to this permit includes clearing, grading, and disturbances to ground surfaces, such as stockpiling or excavation. The Construction General Permit requires the development and implementation of a SWPPP. The SWPPP would contain a site map that depicts the location of stockpiles, staging areas, and the type and location of BMPs such as silt fencing, sandbag berms, and general good housekeeping methods intended to prevent the off-site discharge of soil or construction materials in stormwater. Stormwater quality measures required by the Chula Vista Municipal Code would be implemented during construction phases of the proposed project (NOVA 2017). 43 2019-06-04 Agenda PacketPage 296 of 836 Additionally, a SWQMP was prepared for the proposed project. The purpose of the SWQMP is to ensure consistency with the Priority Development Project (PDP) requirements of the City BMP Design Manual, which is based on the requirements of the San Diego Regional Water Quality Control Board Order No. R9-2013-0001 (MS4 Permit). The SWQMP states that the proposed project would implement Source Control BMPs such as ain (Latitude 33 Planning and Engineering 2018). The proposed impervious areas include sidewalks, buildings, patios, a pool area, courtyards, and surface parking. Compared to existing conditions, an increase in runoff would be experienced due to the increased imperviousness of the site. This volume will be detained via surface ponding and rock storage layers located in the proposed biofiltration basins. Outlet control will be provided in the biofiltration Glen Drive. In developed conditions, the existing ephemeral stream would remain in a natural state with graded embankments to the east and west of the delineated existing ephemeral stream while leaving the stream in its natural existing condition. The embankments of the ephemeral stream would include embankment stability, such as vegetating the embankments to reduce erosion. No new slopes are planned as part of the future site development (Latitude 33 Planning and Engineering 2018a). The site is rimmed by ascending slopes to the south and east. Retaining walls are proposed throughout the site for adaptation of the development to the existing slopes. Therefore, with implementation of the SWQMP, the proposed project would not result in an increase in pollutant discharges to receiving waters, and impacts would be less than significant. (b) Less-Than-Significant Impact. As shown on Figure 7, the proposed project site is located within the Lower Sweetwater Hydrologic Area, within the La Nacion Subarea. As stated in the Bonita Glen Specific Plan EIR (1977b), soils reports prepared for projects in the area of the proposed project have indicated that groundwater levels are around 20 feet below grade. The proposed project would not involve permanent pumping of groundwater, as no development or operational phase of the proposed project would require the direct use of groundwater supplies. With site development, runoff is expected to increase. However, as previously stated, the increase in runoff volume will be detained via surface ponding and rock storage layers located in the proposed biofiltration basins. The proposed development would direct runoff in multiple directions and eventually 44 2019-06-04 Agenda PacketPage 297 of 836 discharge into the existing drainage system. The proposed project density would not substantially alter the percolation patterns on the site once construction is complete. Impacts due to the proposed project would be less than significant. (c) Less-Than-Significant Impact. Construction of the proposed project requires the preparation and implementation of a SWPPP that would describe the methods used to minimize soil erosion on the site during construction, such as berms of gravel bags, and securing filter fabric on stock piles of construction materials with gravel bags or rocks. The methods used during construction would minimize erosion. The Hydrologic and Hydraulic Analysis demonstrated that the proposed ephemeral streambed within the proposed project can safely convey the 2- and 10-year design peak flow without overtopping or exceeding the allowed width buffer (Latitude 33 Planning and Engineering 2018a). Once constructed, on-site peak flows would be collected through infrastructure along Bonita Glen Drive. Proposed biofiltration basins would collect runoff from the undeveloped areas connecting to the proposed storm drain system (downstream of the basin). Runoff from the site would be conveyed via the internal on-site storm drain toward the southern boundary of the proposed project. The proposed project footprint generates a footprint of approximately 47% impervious area. In order to mitigate the impervious area, the proposed project proposes three biofiltration basins that are projected to treat 84% of the runoff. The other 16% will drain naturally into the stream in the middle of the site (Latitude 33 Planning and Engineering 2018a). There would be no proposed hydromodification due to runoff discharging at the Sweetwater River through existing conveyances (Latitude 33 Planning and Engineering 2018b). Additionally, increasing the stream banks would attenuate these peak flows below the existing condition amounts, and would also offset the increase by detaining runoff to acceptable amounts. Thus, through implementation of the proposed detention basins, and compliance with the SWQMP, the proposed project would not result in substantial erosion or siltation on or off site. Impacts would be less than significant. (d) Less-Than-Significant Impact. According to FEMA Flood Map 06073C1914G, the northwestern portion of the site contains areas in either a special flood hazard area titled Zone AE, or in other areas of flood hazards, with 0.2% annual chance flood hazard. Zone AE areas -year floodplain. The ephemeral stream located within the proposed project area is determined to have a 100-year peak flow rate of 51 cubic feet per second (cfs)(REC Consultants 2018). 45 2019-06-04 Agenda PacketPage 298 of 836 Based on the calculations contained in the Hydrologic and Hydraulic Analysis Technical Memo, under proposed project conditions, the 10-year storm stays within the boundaries of the stream and five-foot buffer on either side (REC Consultants 2018). Based on the calculations contained in the Preliminary Geotechnical Investigation and Infiltration Study, it is anticipated that the proposed project would result in an increase in peak flow for the 50- year and 100-year storm frequencies. This volume will be detained through surface ponding and rock storage layers located in the proposed biofiltration basins. Outlet control would be infrastructure along Bonita Glen Drive. The existing 33-inch public storm drain has a full - (Latitude 33 Planning and Engineering 2018a). Water detention are proposed in the 100-year floodplain will not affect the floodplain. In existing conditions, the floodplain area consists of dirt and shrubs, and during storm events, all runoff is directed into the existing ephemeral stream without any storage/outlet control. To minimize the increase in 100-year flood flows within the existing ephemeral stream, the stream banks will be graded up to create a larger open channel capable of handling the required flows. Increasing the stream banks would attenuate these peak flows below the existing condition amounts and would also offset the increase by detaining runoff to acceptable amounts. Increasing the stream banks would be designed so that surface flow would not overtop the banks and flood onto the adjacent developments. Additionally, the downstream existing 33-inch RCP public storm drain will be able to handle the mitigated 100 year flowrate of 55.11 cfs. Impacts would be less than significant. (e) Less-Than-Significant Impact. The project site is located approximately 4.4 miles southwest of the Sweetwater Dam, and located adjacent to an area identified as potential dam inundation effects (City of Chula Vista 2005a, Figure 9-8). However, as discussed in response IX(d), volume will be detained via surface ponding and rock storage layers located in the proposed biofiltration basins. Outlet control would be provided in the in infrastructure along -stream banks would attenuate these peak flows below the existing condition amounts, and would also offset the increase RCP public storm drain will be able to handle the mitigated 100 year flowrate of 55.11 cfs. Therefore, the proposed stormwater retention system and the existing public storm drain will be able to handle excess surface flows resulting from failure of the Sweetwater Dam. Impacts would be less than significant. 46 2019-06-04 Agenda PacketPage 299 of 836 (f) Less-Than-Significant Impact. Refer to responses IX(a), IX(c), and IX(d). Compared to existing conditions, an increase in runoff would be experienced due to the increased imperviousness of the site once constructed. Excess runoff volume will be detained through surface ponding and rock storage layers located in the proposed biofiltration basins. Outlet control would be provided in the biofiltration basins and Stormwater quality measures required by the Chula Vista Municipal Code would be implemented during construction phases of the proposed project. The SWPPP would contain a site map that depicts the location of stockpiles, staging areas, and the type and location of BMPs such as silt fencing, sandbag berms, and general good housekeeping methods intended to prevent the off-site discharge of soil or construction materials in stormwater. As such, the proposed project would not result in an increase in pollutant discharges to receiving waters. The proposed project would not create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Therefore, impacts would be less than significant. Mitigation: No mitigation measures are required. Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact X. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 47 2019-06-04 Agenda PacketPage 300 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Comments: (a) No Impact. The proposed project would involve the construction of a 170-unit apartment development located on a currently undeveloped portion of the Bonita Glen Specific Plan. Further, the project site is located on previously graded and disturbed land. All project construction would take place on site, and would not divide the surrounding community. The proposed project would not physically divide an established community; no impact would occur. (b) Less-Than-Significant Impact. The site is currently designated under the Chula Vista General Plan as Bonita Glen Specific Plan. Under the Specific Plan, the project site is designated as Commercial Retail. As stated in the Specific Plan, apartments and condominiums, when consistent with the adopted conceptual plan, and when approved under the project plan process and procedure, pursuant to Section 2.6 of the Specific Plan, are permitted within the project area of the Bonita Glen Specific Plan. The proposed project would use the State Density Bonus provisions that promote affordable housing through the use of density bonus, incentives or concessions, waivers or reductions to development standards, and parking ratios in accordance with Section 65915 of the Government Code and Chapter 19.90 of the Chula Vista Municipal Code. The proposed project provides 17 affordable dwelling units (10%) restricted for 55 years to lower income households (80% of the area median income) in a recorded restrictive covenant. The Specific Plan also states that the Planning Commission, upon the recommendation of the Zoning Administrator, may adjust said standards and regulations upon finding that said adjustment will not adversely affect the nature, character, design, order, amenity or intent of the proposed project or Specific Plan. Because the proposed project would exceed the current maximum permitted height of 30 38 feet, a waiver of development standards would be obtained through the state density bonus law to allow for additional height. As such, the proposed project would not require a rezone or Specific Plan Amendment. Considering the proposed project would comply with the General Plan and permissible uses in the Specific Plan, and would successfully mitigate all environmental impacts to levels below significance, impacts would be less than significant. 48 2019-06-04 Agenda PacketPage 301 of 836 (c) Less Than Significant with Mitigation Incorporated. As discussed in Section IV, Biological Resources, the project site is within the Chula Vista MSCP. The proposed project design is consistent with the Subarea Plan through specific adherence to mitigation/conveyance requirements for Development Projects Outside of Covered Projects as defined in the Subarea Plan. As stated above, the proposed project site is located within the Development Area of the City Planning Component as identified in the Subarea Plan and as such has not been identified as a strategic preserve area within the City nor is it located within a designated conservation area; therefore, the proposed project would not impact the goals and objectives of the Subarea Plan. The proposed project design is consistent with the Subarea Plan through specific adherence to mitigation/conveyance requirements for Development Projects Outside of Covered Projects as defined in the Subarea Plan. As stated above, the proposed project site is located within the Development Area of the City Planning Component as identified in the Subarea Plan and, as such, has not been identified as a strategic preserve area within the City nor is it located within a designated conservation area; therefore, the proposed project would not impact the goals and objectives of the Subarea Plan. However, the proposed project would impact approximately 4.35 acres of non-native grassland (Tier III). Implementation of MM-BIO-1 and MM-BIO-2 would reduce potential impacts to a level below significant. Impacts are determined to be less than significant with MM-BIO-1 and MM-BIO-2 incorporated. Mitigation: MM-BIO-1 and MM-BIO-2, as listed in Section IV. Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact XI. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 49 2019-06-04 Agenda PacketPage 302 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: (a) No Impact. Mineral resources in Chula Vista are described in the Environmental Element source Zones (MRZs) are delineated in Figure 9-4, MRZ-2 Area Map (City of Chula Vista 2005a). Mineral resources located within the City include sand, gravel, and crushed rock resources, known collectively as construction aggregate. Construction aggregate is a valued resource considering the reduction in construction costs this resource provides, particularly for construction areas in proximity to the aggregate (City of Chula Vista 2005a). The proposed project site is not located within an MRZ or located on General Plan. The nearest MRZ is the Otay Quarry, which is located approximately 3.9 miles south of the project site. Additionally, the project site is not currently being used for mineral resource extraction. Given these factors, the proposed project would not result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State. No impact would result. (b) No Impact. See response X(a). The proposed project site is not designated as an important mineral resource site, as indicated on Figure 9- (City of Chula Vista 2005a). Therefore, no impact would result. Mitigation: No mitigation measures are required. 50 2019-06-04 Agenda PacketPage 303 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact XII. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 51 2019-06-04 Agenda PacketPage 304 of 836 Comments: An Acoustical Assessment Report was prepared by Dudek for the proposed project in June 2018. This report is used to support the analysis included below. (a) Less Than Significant with Mitigation Incorporated. Construction The City Noise Ordinance (Municipal Code, Section 19.68) (City of Chula Vista 1985) contains regulations restricting land userelated noise-generating activities and operations to avoid noise nuisance in the community. These standards typically apply to stationary sources such as noise from mechanical equipment (including mechanical ventilation and air condition noise, and pool pump noise) or event noise, as opposed to traffic noise. The property-line noise standards are presented in Table 11. Table 11 City of Chula Vista Exterior Property-Line Noise Limits The construction activities for the proposed project would include site preparation, grading and trenching of the project site, building construction, and paving. Noise impacts from construction activities associated with the proposed project would be a function of the noise generated by construction equipment, equipment location, and sensitivity of nearby land uses, as well as the timing and duration of the construction activities. The nearest sensitive receptors to the project site are residences as near as 75 feet, and the farthest would be approximately 780 feet. The nearest noise-sensitive receivers are located approximately 240 feet away from the acoustic center of construction activity (the idealized point from which the energy sum of all construction activity noise near and far would be centered). Thus, the distance to the nearest construction activities would be approximately 75 feet, but construction would typically 52 2019-06-04 Agenda PacketPage 305 of 836 be approximately 240 feet or more away. Other residential land uses are also located nearby to the southeast and east of the project site, and hotel uses are located to the north. As shown in Table 12, at the nearest residences (to the west), noise levels would range from approximately 76 to 81 dBA L when construction would take place at or near the eq project boundary. More typical construction noise levels at the residences to the east would range from approximately 66 to 72 dBA L(Dudek 2018e). eq Table 12 Construction Noise Model Results Summary The City regulates construction noise by restricting the allowable hours of construction. stationary noise standards, provided that construction occurs between 7:00 a.m. and 10:00 p.m., Monday through Friday, and 8:00 a.m. to 10:00 p.m., Saturday and Sunday. Through adherence to the limitation of allowable construction times provided in the Municipal Code, the construction-related noise levels would not exceed any standards. However, construction noise levels would be higher than existing ambient daytime noise levels and could result in annoyance at neighboring noise-sensitive uses (Dudek 2018e). Implementation of mitigation measures MM-NOI-1 and MM-NOI-2 would reduce construction noise substantially. Therefore, temporary construction-related noise impacts would be less than significant with mitigation incorporated. Operation The City General Plan Noise Element indicates that the maximum allowable noise level for new residential developments is a Community Noise Equivalent Level (CNEL) of 65 decibels (dB) (Dudek 2018e). Proposed patios, balconies, and outdoor common-use areas 2 exterior noise level requirement. In addition, California Building Code (Part 2, Title 24, California Code of Regulations) requires that the interior noise level not exceed 45 dB CNEL for multifamily units. 2 Patios and balconies, as well as the common outdoor spaces such as the swimming pool area, upper-floor deck at Building 7, play area, and dog run, are included in the with City open space requirements. 53 2019-06-04 Agenda PacketPage 306 of 836 Traffic Noise Potential traffic noise impacts were modeled for both off-site and proposed future on-site noise-sensitive receivers. Off-Site Traffic Noises To establish the compatibility of various land uses with exterior noise levels, the City has adopted exterior land use-noise compatibility guidelines which include vehicular traffic noise levels. Impacts are considered significant when they cause an increase of 3 dB from existing noise levels or exceed the 65 dBA CNEL noise threshold. An increase or decrease in noise level of 3 dB is generally considered to be barely perceptible by the average human ear, while an increase or decrease of at least 5 dB is required before any noticeable change in community response would be expected (Dudek 2018e). As shown in Table 13, the maximum noise level increase would be 0 dB (i.e., less than 1 dB when rounded to whole decibels). A change in noise level of 1 dB or less is not an audible change, in the context of community noise, and is therefore less than significant. Table 13 The slight decrease in noise level (-2 dB in the existing with project scenario and -1 dB in the future with project scenario) at ST4 is due to the additional acoustical shielding provided by the project to roadways (Bonita Road and the northerly exposure of I-805) to 54 2019-06-04 Agenda PacketPage 307 of 836 the north and northeast. Based on these results, off-site traffic noise impacts would be less than significant. On-Site Traffic Noise Residential land uses are typically the source of nuisance noise (e.g., car alarms, barking dogs, excessive music, use of recreation areas such as pools) but are not typically considered substantial sources of noise. Noise associated with residential land uses and recreational areas (such as pools) is often intermittent. While spikes of noise may occur, a 1-hour average. As previously stated, General Plan requires on-site outdoor areas such as proposed patios, balconies, and outdoor common-use areas are considered level requirement (City of Chula Vista 2005). Representative noise model receivers were placed at the proposed pool area, and the results of the noise analysis for traffic noise levels at proposed on-site receivers is provided in Table 14. Table 14 On-Site Future (Year 2035) Plus Project Traffic Noise Levels (dBA CNEL) 55 2019-06-04 Agenda PacketPage 308 of 836 Table 14 On-Site Future (Year 2035) Plus Project Traffic Noise Levels (dBA CNEL) As shown in Table 14, the results of the noise modeling indicate that the noise levels at receiver R3, which represents the proposed exterior pool / recreation area, would be app standard, and thus would be less than significant. Similarly, the noise levels at receivers R37 and R38, which represent the proposed play area and dog run, would be approximately 64 and 65 dBA CNEL, respectively. The noise level at R36, which represents the proposed deck at Building 7, would be approximately 67 dBA CNEL. Because this proposed deck is not 65 dBA CNEL noise standard, and noise mitigation would not be required for this exterior area. All balconies with modeled noise levels above 65 dBA CNEL, which would otherwise 56 2019-06-04 Agenda PacketPage 309 of 836 requirement, and are, therefore, not subject to the noise standard. All other open space areas have modeled traffic noise levels at or below the 65 dBA CNEL noise standard for exterior uses. Because these areas are subject to the 65 dBA CNEL noise standard for exterior uses, No mitigation is required for these receivers. On-Site Interior Traffic Noise The City and the State of California require that interior noise levels not exceed a CNEL of 45 dBA within the habitable rooms of residences. The future noise levels would range up to 74 dBA CNEL, generally from the 3rd levels of Buildings 1, 2, and 3, with the northeastern side of Building 2 reaching the highest of 74 dBA. Thus, the unmitigated interior noise level within the habitable rooms could exceed the 45 dBA CNEL noise criterion. Exterior doors and windows achieving a Sound Transmission Class (STC) rating of up to 29 dB (or a composite STC of up to 30 dB for exterior walls, doors, and windows) will be required for units with the highest traffic noise exposures. With implementation of MM-NOI-3, the resultant noise level would meet the state and City interior noise standard of 45 dBA CNEL, and impacts would be less than significant with mitigation incorporated. Therefore, it is not expected that nuisance noise typical of residential land uses would exceed the thresholds of 65 dB CNEL. The proposed considered substantial sources of noise. On-Site Mechanical Noise Implementation of the proposed project would result in changes to existing noise levels in the project vicinity by developing new stationary sources of noise. Operational noise sources for the proposed project include heating, ventilation, and air conditioning (HVAC) equipment and a pool mechanical equipment building. HVAC equipment would have the potential to create significant noise impacts. Assuming a sound power level of 92 dBA, the noise level at a distance of 75 feet from one HVAC unit would be approximately 57 dBA at the nearest existing residential property. HVAC noise would have the potential to exceed the -source noise standard (45 dBA Leq nighttime) at the single-family residential uses to the east and south and at the multifamily residential uses to the west. Noise impacts would be avoided; however, through the specification of quieter mechanical equipment, shroud, enclosures, or building parapet walls (or a combination of these). Implementation of MM-NOI-4 would reduce noise impacts from HVAC equipment to a less-than-significant level. 57 2019-06-04 Agenda PacketPage 310 of 836 (b) Less-Than-Significant Impact. Operations of the proposed project would not have the potential to generate long-term groundborne vibration or noise. Ground vibrations from construction activities do not often reach the levels that can damage structures or affect activities that are not vibration-sensitive, although the vibrations may be felt by nearby persons in close proximity and result in annoyance. The project construction activity would not include the use of high vibration impact construction equipment such as pile driving. Consequently, groundborne vibration impacts would be less than significant. (c) Less Than Significant with Mitigation Incorporated. Refer to response XII(a) regarding operational noise. Impacts would be less than significant with incorporation of MM-NOI-3 and MM-NOI-4. (d) Less Than Significant with Mitigation Incorporated. As discussed in response XII(a), the proposed project would have the potential to temporarily exceed ambient noise levels during construction. Implementation of MM-NOI-1 through MM-NOI-4 would reduce these temporary noise impacts to a level below significance. (e) Less-Than-Significant Impact. Brown Field Municipal Airport is located approximately 6.3 miles to the south of the project site. The airport accommodates both general aviation aircraft and military aircraft. The proposed project site does not fall within the Airport Influence Area and the 60 dB community noise equivalent level noise contour (San Diego County Airport Land Use Commission 2010). Therefore, impacts would be less than significant. (f) No Impact. The proposed project is not located within the vicinity of a private airstrip. No impacts would result. Mitigation: MM-NOI-1 Construction activities shall take place during the permitted time and day per Section 17.24.040.C.8 of the City of Chula Vista Municipal Code. The applicant shall ensure that construction activities of the proposed project are prohibited between the hours of 10:00 p.m. and 7:00 a.m., MondayFriday, and between the hours of 10:00 p.m. and 8:00 a.m., Saturday and Sunday. This condition shall be listed on the proposed project of the City Development Services Department. 58 2019-06-04 Agenda PacketPage 311 of 836 MM-NOI-2 The City of Chula Vista (City) shall require the applicant to adhere to the following measures as a condition of approving the grading permit: The project contractor shall, to the extent feasible, schedule construction activities to avoid the simultaneous operation of construction equipment so as to minimize noise levels resulting from operating several pieces of high noise level emitting equipment. All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Enforcement shall be accomplished by random field inspections by applicant personnel during construction activities, to the satisfaction of the City Development Services Department. Construction noise-reduction methods such as shutting off idling equipment, construction of a temporary noise barrier, maximizing the distance between construction equipment staging areas and adjacent residences, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive receptors. Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent if necessary. In the event the City receives a complaint, appropriate corrective actions shall be implemented and a report of the action provided to the reporting party. MM-NOI-3 Prior to issuance of any building permit, construction plans shall be reviewed by a qualified noise consultant for conformance with City standards. In order to ensure that interior noise levels of the habitable rooms are 45 dBA CNEL or less, the applicant shall use windows and exterior doors with the Sound Transmission Class (STC) ratings shown in Table NOI-1 or higher. For example, the windows and exterior doors of Building 2 shall have STC ratings of 29 or higher. The proposed residential units will require mechanical ventilation systems or air conditioning systems in order to ensure that windows and doors can remain closed while maintaining a comfortable environment. With the required mitigation, the resulting interior noise levels will be less than the noise standard, and the noise impact will be less than significant. 59 2019-06-04 Agenda PacketPage 312 of 836 Table NOI-1 Minimum Window and Exterior Door Noise Attenuation Ratings MM-NOI-4 To ensure that HVAC and other outdoor mechanical equipment would not exceed the -source noise standards (55 dBA daytime (7:00 a.m. to 10:00 p.m.), 45 dBA nighttime (10:00 p.m. to 7:00 a.m.), for single-family residential; 60 dBA daytime (7:00 a.m. to 10:00 p.m.), 50 dBA nighttime (10:00 p.m. to 7:00 a.m.), for multifamily residential), the applicant shall incorporate the following measures: 1. No HVAC or other mechanical equipment shall be installed with a combined sound power level exceeding 79 dBA or a sound pressure level (i.e., noise level) of 44 dBA at a distance of 75 feet. Prior to issuance of building permits, construction plans shall be reviewed by a qualified noise consultant for conformance with City standards. 2. If equipment exceeding the specification in MM-NOI-5(1) is used, such equipment shall be shielded from adjacent residential land uses by mechanical shrouds, building parapet walls, or provision of acoustical enclosures such that the combined sound power level does not exceed 79 dBA, resulting in a noise level of 44 dBA or less at a distance of 75 feet. Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact XIII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or 60 2019-06-04 Agenda PacketPage 313 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Comments: (a) Less-Than-Significant Impact. The proposed project would not indirectly induce population growth as it does not include the extension of roadways or other infrastructure. The proposed project would directly induce population growth to the area through the development of 170 apartments. According to the 2013 City Housing Element, renter-occupied households had an average of 2.86 person per household, in 2010. At a rate of 2.86 persons per household, the proposed project would introduce approximately 486 people to the area (City of Chula Vista 2013) Plan Housing Element identifies the need to maintain an inventory of both vacant and redevelopable land in order to achieve its regional share goal as allocated in the Regional Housing Needs Statement issued by the SANDAG. As discussed in the Chula Vista Housing Element, between 2000 and 2010, the City experienced a 40% increase in population. The numbers of households are growing just as fast as the population, with a 31% increase in the number of households from 2000 to 2010. The U.S. Census Bureau reports 79,416 housing units in the City in 2010, an increase of 25% from 2000. Of the 79,416 housing units in the City, 2010 U.S. Census data shows 4.9% were vacant in 2010, and of the total vacant units, 39% were for rent. The Regional Housing Needs Assessment (RHNA), prepared by SANDAG for the years 20102020, identified Chula homes in this time span. While the 2013 Housing Element sites inventory for housing indicated that there was an overall inventory planned and zoned for residential use, implementation of the proposed project would assist the City in reaching their regional housing goal, in combination with the identified housing inventory. 61 2019-06-04 Agenda PacketPage 314 of 836 As the project site is currently underutilized as vacant land and is in conformance with the Bonita Glen Specific Plan, the proposed project would aid the City in meeting its housing needs for future and planned growth. On-site workers would likely come from the local labor pool. As such, it is not anticipated that people would relocate into the City as a result of the proposed project. The proposed project would not construct new or extend existing utilities, infrastructure, or roadways into an area not currently served by such improvements. Thus, the proposed project would not indirectly induce population growth. Therefore, less-than-significant impacts associated with population growth inducement would occur. (b) No Impact. The proposed project would not displace any existing housing since the project site is currently vacant. No impacts would result. (c) No Impact. The proposed project would not displace a substantial number of people since the project site is currently vacant. No impacts would result. Mitigation: No mitigation measures are required. Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact XIV. PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services: (i) Fire protection? (ii) Police protection? 62 2019-06-04 Agenda PacketPage 315 of 836 Less Than Significant Potentially with Less-Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact (iii) Schools? (iv) Parks? (v) Other public facilities? Comments: (a) (i) Less-Than-Significant Impact. The proposed project site would be served by the Chula Vista Fire Department, which has 9 fire stations and approximately 36 personnel, with approval of adding 12 firefighters in 2017 (City of Chula Vista 2017). The project site is within the service area of Fire Station 2, located at 80 East J Street, approximately 1 mile to the south. This station houses Engine 52, which is staffed with three firefighters each day and contains rescue and emergency medical equipment (City of Chula Vista 2018). The proposed project would directly increase the service population resulting in an increase in demand for fire protection services, which may affect maintenance of response times and service ratios. However, the proposed project would redevelop an underutilized site with in an area currently served by the Chula Vista Fire Department. Additionally, the proposed project would be required to pay the development impact fees at the time of building permit issuance. The proposed project would not adversely affect existing levels of fire protection services or create a significant new demand, and would not require the construction of a new or expansion of an existing facility. Therefore, impacts associated with fire protection would be less than significant. (ii) Less-Than-Significant Impact. The proposed project site would be served by the Chula Vista Police Department (CVPD), who currently employs approximately 123 sworn officers. The proposed project is located within beat 14 of the CVPD, and 1.2 miles east of the CVPD headquarters. The proposed project would directly increase the service population resulting in an increase in demand for police protection services, which may affect maintenance of response times and service ratios. However, the proposed project would redevelop an underutilized site with in an area currently served by the CVPD. Additionally, the proposed project would be required to pay the development impact fees at the time of building permit issuance. 63 2019-06-04 Agenda PacketPage 316 of 836 The proposed project would not adversely affect existing levels of police services or create a significant new demand, and would not require the construction of a new or expansion of an existing facility. Therefore, impacts associated with police protection would be less than significant. (iii) Less-Than-Significant Impact. The proposed project would be located within the boundaries of the Chula Vista Elementary School District and the Sweetwater Union High School District. The project site is located within the attendance boundary for Rosebank Elementary School (located 0.5 miles northwest), Hilltop Middle School (located 1 mile south), Hilltop High School (located 0.5 miles south) (Sweetwater Unified High School District 2018). The proposed project would directly introduce a new student population within the service boundaries of the two school districts. All residential development is required to pay school developer fees to the appropriate district prior to issuance of building permits. The potential future expansion of school facilities that may result from the use of such fees is not reasonably foreseeable and beyond the scope of this MND. Additionally, per California Government Code 65995, the payment of required school fees is considered full and complete mitigation of impacts to school facilities. Therefore, impacts to schools would be less than significant. (iv) Less-Than-Significant Impact. The nearest existing parks are Terra Nova Park, located approximately 0.8 miles east, and Norman Park, approximately 1 mile west of the project site. The proposed project would directly introduce a new population to the area, which would increase the demand for parks. The proposed project would be required to pay the development impact fees at the time of building permit issuance. Additionally, the proposed project would be providing recreational areas including a swimming pool, clubhouse, and dog run. With proximity to neighborhood parks, inclusion of on-site recreational facilities, and payment of impact fees, the proposed project would not adversely affect the provision of park and recreational facilities, and impacts would be less than significant. (v) Less-Than-Significant Impact. The proposed project would be required to pay such fees that would provide funds to the City that may only be used for funding the expansion of public facilities to serve new development. The potential future expansion of public facilities that may result from the use of such fees is not reasonably foreseeable and beyond the scope of this MND. With adherence to the municipal code and payment of fees, the proposed project would have less- than-significant impacts on other public facilities. 64 2019-06-04 Agenda PacketPage 317 of 836 Mitigation: No mitigation measures required. Less Than Significant Less- Potentially with Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact XV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? Comments: (a) Less-Than-Significant Impact. The proposed project would contribute a direct permanent increase to the population of the City and increase the demand for recreational areas. Therefore, the proposed project would likely increase the use of existing parks and recreational trails. The proposed park would be open to the public, however, maintained by the Applicant. As discussed in response XIV(a)(iv), the proposed project would include including a swimming pool, clubhouse, and dog run, and would pay required development impact fees for the provision of public services, including parks and recreational facilities. Therefore, impacts would be less than significant. (b) No Impact. The proposed project does not include or require the expansion of recreational facilities. No impact would occur. Mitigation: No mitigation measures are required. 65 2019-06-04 Agenda PacketPage 318 of 836 Less Than Significant Less- Potentially with Than- Significant Mitigation Significant Issues: Impact Incorporated Impact No Impact XVI. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 66 2019-06-04 Agenda PacketPage 319 of 836 Less Than Significant Less- Potentially with Than- Significant Mitigation Significant Issues: Impact Incorporated Impact No Impact f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Comments: A Traffic Impact Analysis (TIA) was prepared by Chen Ryan in November 2018. The analysis contained in this section is based on the findings of the TIA. (a) Less-Than-Significant Impact. The Specific Plan states that implementation of the Specific Plan would result in generation of approximately 6,600 daily trips. As indicated in Table 15, the proposed project is anticipated to generate 1,020 daily trips, including 82 (16 in/66 out) AM peak hour trips and 92 (64 in/28 out) PM peak hour trips, significantly fewer than were anticipated under the adopted Specific Plan. Table 15 Proposed Project Trip Generation As shown on Figure 10, Project Traffic Study Areas, multiple roadway segments and intersections were studied under different conditions. The segment of Vista Drive between the Unnamed Cul-de-Sac and Bonita Glen Road, currently provides access to three single family dwelling units, which generate 10 trips per day for a total of 30 daily trips on the roadway. This segment does not serve any cumulative or cut- through traffic and is projected to operate well below its design capacity (Chen Ryan 2018a). The Project Study Area contains roadways under both the City of Chula Vista and the County of San Diego jurisdictions. As shown in Table 16, 17, and 18, under Existing Plus Project Conditions, all study segments and intersections are projected to operate at acceptable LOS C or better during AM and PM peak hours, under Existing 67 2019-06-04 Agenda PacketPage 320 of 836 Plus Project Conditions. criteria, the proposed project would not result in a significant project-related impact. Table 16 Roadway Segment Level of Service Existing Plus Project Conditions (City of Chula Vista) Table 17 Roadway Segment Level of Service Existing Plus Project Conditions (County of San Diego) 68 2019-06-04 Agenda PacketPage 321 of 836 Table 18 Peak Hour Intersection Level of Service Existing Plus Project Conditions As shown in Table 19 and 20, under Year 2035 Plus Project Conditions, all study segments are forecasted to operate at acceptable LOS D or better under Year 2035 Base Conditions, with the exception of Bonita Road, between I-805 SB ramps and I-805 NB ramps, which would operate at LOS E. Table 19 Roadway Segment Level of Service Year 2035 Base Plus Project Conditions (City of Chula Vista) 69 2019-06-04 Agenda PacketPage 322 of 836 Table 20 Roadway Segment Level of Service Year 2035 Base Plus Project Conditions (County of San Diego) would not be associated with a significant project-related impact because the intersections on both ends of the roadway segment operate at LOS D or better. As shown in Table 21, all study area intersections are forecasted to operate at acceptable LOS D or better during the AM and PM peak hours under Year 2035 Base Conditions. Table 21 Peak Hour Intersection Level of Service Year 2035 Base Plus Project Conditions In conclusion, the addition of proposed project traffic would not result in a significant impact to any study segment or intersection. The proposed project would be consistent with the Regional Plan prepared by SANDAG, which is a land use and transportation planning document that discusses land use policy at a very general level. Further, the plan 70 2019-06-04 Agenda PacketPage 323 of 836 mostly incorporates the land use policies of local jurisdictions and focuses on transportation infrastructure and management programs to support those policies. As a result, no directly applicable policies were identified that pertain to the proposed project because the proposed project would not interfere with the policies or project identified in the Regional Plan. Therefore, the proposed project would not conflict with the Regional Plan, and impacts would be less than significant. (b) Less-Than-Significant Impact. Refer to response XVI(a). The proposed project would not substantially contribute to the average daily traffic of the adjacent roadway network. -of- service standards and travel demand measures. Impacts would be less than significant. (c) No Impact. The nearest airport to the project site is the Brown Field Municipal Airport, located approximately 6.3 miles to the south. Furthermore, the proposed project would be constructed in accordance with all building requirements and would be similar in elevation as the surrounding businesses and residences. The proposed project would not have any features that could disrupt existing air traffic patterns. Additionally, the site is not located within the Airport Influence Area (San Diego County Regional Airport Authority 2010). Therefore, the proposed project would not result in a change in air traffic patterns, and no impact would occur. (d) Less-Than-Significant Impact. The proposed project would not involve any design features or incompatible uses that would increase hazards within the project area. The main access point to and from the project site would be provided via the Unnamed Road cul-de-sac, a private road at the terminus of Vista Drive, with two smaller access points along Bonita Glen Road (Chen Ryan 2018b). These access points have been designed to be consistent with the pedestrians. Access would be adequate for wide turning radii of large vehicles entering and exiting the site, such as storage trailers, RVs, and vehicles towing boats. For these reasons, the proposed project would have a less-than-significant impact related to design hazards or incompatible uses. (e) Less-Than-Significant Impact. During construction activities, construction equipment staging areas would be restricted to on-site locations. All construction within public roadways would not impede access or movement of emergency vehicles. As are Bonita Road and I- 805, located just north and east of the project site respectively (City of Chula Vista 2005a). The proposed project is anticipated to generate a total of 1,020 daily trips, including 82 (16-in/66-out) AM peak hour trips and 92 (64-in/28-out) PM peak hour trips 71 2019-06-04 Agenda PacketPage 324 of 836 (Chen Ryan 2018a). As such, traffic generated by the proposed project would not be substantial and would not impact emergency access in the area. The main site access is proposed via a private road (Unnamed Cul-del-Sac Road) at the terminus of Vista Drive (which will serve as the access for 104 of the units), with two smaller access points along Bonita Glen Road (which will serve as the access for the remaining 66 units). The proposed project would be required to comply with Fire Department requirements and standards to ensure that adequate access is provided. The proposed project would not involve the permanent closure of any surface streets that would increase the response time for emergency services. The proposed project will comply with all fire codes, and emergency access will be maintained by foot and by truck. Therefore, impacts to emergency access would be less than significant. (f) Less-Than-Significant Impact. The proposed project would not affect planned alternative transportation routes or modes or conflict with adopted policies, plans, and programs supporting alternative transportation. Implementation of the proposed project would result in a less-than-significant impact. Mitigation: No mitigation measures are required. Less Than Less- Potentially Significant Than- Significant with No Impact Issues: Significant Impact Mitigation Impact Incorporated XVII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 72 2019-06-04 Agenda PacketPage 325 of 836 Less Than Less- Potentially Significant Than- Significant with No Impact Issues: Significant Impact Mitigation Impact Incorporated c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the to f) Be served by a landfill with sufficient permitted capacity to accommodate the g) Comply with federal, state, and local statutes and regulations related to solid waste? Comments: (a) Less-Than-Significant Impact. The City operates and maintains its own sanitary collection system that connects to the Metro sewerage system for treatment and disposal. Wastewater generated by in the Sweetwater Authority service area is sent to the Point Loma Wastewater Treatment Plant (PLWTP) or the South Bay Water Reclamation Facility (SBWRF), where it is treated to secondary levels and discharged to the Pacific Ocean or treated to tertiary levels at the SBWRF and used as recycled water (Sweetwater Authority 2016). In accordance with current zoning and field observations and based off the calculations found in the Sewer Capacity Analysis (Latitude 33 Planning and Engineering 2018c), the proposed project would contribute an additional 0.02 cubic feet 73 2019-06-04 Agenda PacketPage 326 of 836 per second (CFS) to the existing system for an increase of 0.9% of the total flow for the study area. The existing sewer system is flowing less than half full, therefore the additional flows generated by the proposed development will be serviced by an existing sewer system with adequate capacity per City standards (Latitude 33 Planning and Engineering 2018c). The proposed development will not increase the existing service above the anticipated flows per the City of Chula Vista Wastewater Master Plan. The proposed project would not result in existing wastewater treatment plants to exceed their permit requirements. Impacts would be less than significant. (b) Less-Than-Significant Impact. The proposed project would include the development of 170 residential units of the total housing goal of 12,861 more homes in the City before 2020. As such, the proposed project would incrementally increase demand for water and would produce wastewater. The proposed project would be serviced by the Sweetwater Authority, which procures water from the following four sources: (1) deep freshwater wells in National City, (2) local runoff in the Sweetwater River with subsequent at the Loveland Reservoir and Sweetwater Reservoir, (3) San Diego Formation Wells in the lower Sweetwater River basin, and (4) purchase of imported water delivered by the San Diego Water Authority and Metropolitan Water District (Sweetwater Authority 2018). The proposed project would include private connections to existing water and wastewater lines adjacent to the project site. Improvements would be limited to extension or rerouting of pipes and sewer lines to the project site. Sewer and water capacity fees would be due and collected at the issuance of building permits. Therefore, the proposed project would not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities that would cause significant environmental effects. Impacts would be less than significant. (c) Less-Than-Significant Impact. The proposed project includes new stormwater drainage facilities, including multiple on-site biofiltration basins. The drainage system is a portion of the proposed project, the environmental effects of which are analyzed throughout this document. The development of the on-site drainage facilities would not result in any additional impacts beyond those disclosed throughout this document. Impacts would be less than significant. (d) Less-Than-Significant Impact. The proposed project would be serviced by the Sweetwater Authority. According to the Sweetwater Authority 2015 Urban Water Management Plan, water in this jurisdiction is projected to reach a potable water demand of 6,773 acre feet per year (APY) for multifamily uses in 2020 (Sweetwater Authority 2016). The projected water demands are based on an assumed average water demand of 105 gallons per capita per day (GPCD) from 2020 to 2040, which is slightly higher than its current level (91 GPCD). The proposed 170 residential units, which are estimated to 74 2019-06-04 Agenda PacketPage 327 of 836 house up to 486 residents, would generate an insignificant portion of this demand for potable water of 57 AFY, which is equivalent to 0.84% of the total potable water demand for the Sweetwater Authority. The landscaped areas would not consist of water-intensive plant species, and anticipated water demand would remain under 1% of the total demand. As such, the proposed project would result in the expansion of water entitlements or resources; impacts would be less than significant. (e) Less-Than-Significant Impact. As previously stated in response XVII(a), wastewater generated by in the Sweetwater Authority service area is sent to PLWTPor SBWRF, where it is treated to secondary levels and discharged to the Pacific Ocean or treated to tertiary levels at the SBWRF and used as recycled water (Sweetwater Authority 2016). At the regional level, the City is part of the Metropolitan Wastewater District. The City has entered into an agreement with the City of San Diego and has purchased 19.843 MGD of capacity rights in the Metro Collection System. The City currently discharges approximately 16.6 MGD into the Metro Interceptor (City of Chula Vista 2005b). According to the City Wastewater Collection System Master Plan, multifamily units generate 55 GDCP or 182 GPD per unit (based on 20092011 demands) (City of Chula Vista 2014). Therefore, the proposed project would generate 30,940 GPD of wastewater, The proposed project would include private connections to existing water and wastewater lines adjacent to the project site. Improvements would be limited to extension or rerouting of pipes and sewer lines to the project site. Sewer and water capacity fees would be due and collected at the issuance of building permits. Therefore, the existing wastewater facilities would have adequate capacity to serve the proposed project. Impacts would be less than significant. (f) Less-Than-Significant Impact. The City has an exclusive agreement with Pacific Waste Services for the removal, conveyance, and disposal of non-recyclable waste through the year 2031. The proposed project site is anticipated to be served by the Otay Landfill, which has a remaining capacity of approximately 21.1 million cubic yards (CalRecycle 2016). According to California's Department of Resources Recycling and Recovery (CalRecycle), based on current waste generation rates, the Otay Landfill has a cease operation date of 2030. Should the Otay Landfill not accept waste at the time of construction, the Sycamore Landfill would serve the proposed project. The Miramar Landfill, located approximately 14 miles north of the project site may have capacity for the proposed project. The Miramar Landfill has a remaining capacity of 87.7 million cubic yards and is estimated to cease operation in 2030. Additionally, the Sycamore Landfill locate approximately 14 miles northeast has a remaining capacity of 147.9 million cubic yards, with a ceased operation date of 2042 (CalRecycle 2017). 75 2019-06-04 Agenda PacketPage 328 of 836 At this time, there is one proposed new landfill site in San Diego County with a 30-year life expectancy: the Gregory Canyon site. Additionally, an area in East Otay Mesa has been identified by the County as a tentative site (City of Chula Vista 2005b). Once operational, solid waste generated by the proposed project would be limited to the waste generated by the 170 residential units on site. Since there is sufficient capacity to accommodate projected population at buildout of the General Plan, there is no significant impact to integrated waste management services (City of Chula Vista 2005b). As such, the Otay Landfill would have adequate permitted capacity to accommodate the proposed (g) Less-Than-Significant Impact. Anticipated uses on the project site would not violate any federal, state, or local statutes or regulations related to solid waste. Thus, impacts would be less than significant. Mitigation: No mitigation measures are required. Less Than Significant Less- Potentially with Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact XVIII. THRESHOLDS Will the proposal adversely impact the Citys Threshold Standards? a. Library The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the city-wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. b. Police i. Emergency Response: Properly equipped and staffed police units shall respond to 8% 76 2019-06-04 Agenda PacketPage 329 of 836 Less Than Significant Less- Potentially with Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact emergency calls within seven (7) minutes and maintain an average emergency calls of 5.5 minutes or less. ii. Respond to 57% urgent calls within seven (7) minutes and maintain an average calls of 7.5 minutes or less. c. Fire and Emergency Medical Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured annually). d. Traffic The Threshold Standards require that all intersections must operate at a Level of S exception that Level of Service (LOS) hours of the day at signalized intersections. Signalized intersections west of I-805 are not to operate at a LOS below their 1991 LOS. No intersec during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. 77 2019-06-04 Agenda PacketPage 330 of 836 Less Than Significant Less- Potentially with Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact e) Parks and Recreation Areas The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities/1,000 population east of I-805. f) Drainage The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. g) Sewer The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. h) Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee off-set 78 2019-06-04 Agenda PacketPage 331 of 836 Less Than Significant Less- Potentially with Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact program the City of Chula Vista has in effect at the time of building permit issuance. Comments: Refer to discussions above. Mitigation: No mitigation measures are required. Less Than Significant Less- Potentially with Than- Issues: Significant Mitigation Significant Impact Incorporated Impact No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or 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 of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) 79 2019-06-04 Agenda PacketPage 332 of 836 c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: (a) Less Than Significant with Mitigation Incorporated. As discussed in Section IV, Biological Resources, construction of the proposed project would potentially result in significant impacts to biological resources. However, with incorporation of MM- BIO-1 through MM-BIO-3, potentially significant impacts would be reduced to a level below significance. The proposed project would not substantially degrade the quality of the environment or impact fish or wildlife species or plant communities. As discussed in Section V, Cultural Resources, potential impacts regarding inadvertent discovery of cultural and paleontological resources could occur during excavation. However, implementation of MM-CUL-1 and MM-CUL-2 would ensure that impacts would be less than significant. Overall, impacts would be less than significant with the incorporation of mitigation. (b) Less Than Significant with Mitigation Incorporated. As provided in the analysis presented above, the proposed project would not result in significant impacts to aesthetics, agriculture and forestry resources, air quality, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. Mitigation measures recommended for biological resources, cultural resources, and noise would reduce impacts to below a level of significance. The proposed project would incrementally contribute to cumulative impacts for projects occurring within the City. With mitigation, however, implementation of the proposed project would not result in any residually significant impacts that could contribute to a cumulative impact. In the absence of residually significant impacts, the incremental accumulation of effects would not be cumulatively considerable and would be less than significant. (c) Less Than Significant with Mitigation Incorporated. Based on the analysis above, it has been determined that there would be no significant direct or indirect effect on human beings with the incorporation of mitigation. 80 2019-06-04 Agenda PacketPage 333 of 836 Mitigation: Refer to mitigation measures listed above. XX PROJECT REVISIONS OR MITIGATION MEASURES Project mitigation measures are indicated above. XXI AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below shall indicate the proposed project be held in abeyance without approval. _____ ________________________________________ Printed Name and Title of Authorized Representative of _____ ________________________________________ _ _______ Signature of Authorized Representative of Date _____ ________________________________________ Printed Name and Title of \[Operator if different from Property Owner\] _____ ________________________________________ ___ _____ Signature of Authorized Representative of Date \[Operator if different from Property Owner\] 81 2019-06-04 Agenda PacketPage 334 of 836 XXII ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by the proposed project, involving at least one impact that is a Potentially Significant Impact or Less Than Significant with Mitigation Incorporated as indicated by the checklist on the previous pages. Land Use and Planning Transportation/Traffic Public Services Population and Housing Biological Resources Utilities and Service Systems Geophysical Mineral Resources Aesthetics Agricultural Resources Hydrology/Water Hazards and Hazardous Cultural Resources Materials Air Quality Noise Recreation Threshold Standards Mandatory Findings of Significance 82 2019-06-04 Agenda PacketPage 335 of 836 2019-06-04 Agenda PacketPage 336 of 836 XXIV REFERENCES California Government Code, Sections 5110051155. Timberland. California Public Resources Code, Sections 2100021177. California Environmental Quality Act (CEQA), as amended. California Public Resources Code, Sections 4511-Nejedly Forest Practice Act of 1973. CalRecycle. 2016. Facility/Site Summary Details: Otay Landfill. Accessed July 2018. http://www.calrecycle.ca.gov/SWFacilities/Directory/37-AA-0010/Detail/. CalRecycle. 2017. Facility/Site Summary Details: Miramar Landfill. Accessed October 2018. https://www2.calrecycle.ca.gov/SWFacilities/Directory/37-AA-0023/Detail/ CDFW (California Department of Fish and Wildlife). 2017. California Natural Diversity Database (CNDDB). RareFind, Version 5.1.1 (Commercial Subscription). Sacramento, California: CDFW, Biogeographic Data Branch. Accessed July 2018. http://www.dfg.ca.gov/biogeodata/cnddb/mapsanddata.asp. Chen Ryan. 2018a. Traffic Impact Analysis. Bonita Glen. November 2018. Chen Ryan. 2018b. Memorandum. Bonita Glen Drive Parking Study Chula Vista, CA. September 2018. City of Chula Vista. 1977a. Bonita Glen Specific Plan. City of Chula Vista. 1977b. Final Environmental Impact Report for the Bonita Glen Specific Plan. EIR-77-2. Issued by Environmental Review Committee March 17, 1977. Adopted by Chula Vista Planning Commission April 20, 1977. City of Chula Vista. 1985. Noise Ordinance, Municipal Code, Section 19.68. City of Chula Vista. 2003. City of Chula Vista MSCP Subarea Plan. Accessed July 2018. http://www.chulavistaca.gov/home/showdocument?id=7106. City of Chula Vista. 2005a. City of Chula Vista General Plan. Accessed July 2018. http://www.chulavistaca.gov/departments/development-services/planning/general-plan. 84 2019-06-04 Agenda PacketPage 337 of 836 City of Chula Vista. 2005b. Chula Vista General Plan: Environmental Impact Report. Accessed July 2018. http://www.chulavistaca.gov/home/showdocument?id=11971. City of Chula Vista. 2013. 20122020 Housing Element. Accessed July 2018. http://www.chulavistaca.gov/home/showdocument?id=5503. City of Chula Vista. 2014. Wastewater Collection System Master Plan. May 2014. Accessed July 2018. http://www.chulavistaca.gov/departments/public-works/master-plans/ wastewater-master-plan. City of Chula Vista. 2017. Public Safety Staffing Report. Accessed July 2018. https://www.chulavistaca.gov/home/showdocument?id=15604. City of Chula Vista. 2018. Fire Department Stations and Locations. Accessed July 2018. http://www.chulavistaca.gov/departments/fire-department/stations-locations/fire-stations-map. Construction Testing and Engineering Inc. 2016. Phase I Environmental Site Assessment. May 2016. County of San Diego. 2007. Guidelines for Determining Significance and Report and Format and Content Requirements Air Quality. DOC (California Department of Conservation). 2016. California Important Farmland Finder. Accessed July 2018. https://maps.conservation.ca.gov/DLRP/CIFF/. Dudek. 2018a. Air Quality and Greenhouse Gas Emissions Analysis Technical Report for the Bonita Glen Project Chula Vista, California. December 2018. Dudek. 2018b. Biological Resources Report for Bonita Glen Drive Project. July 2018. Dudek. 2018c. Negative Cultural Resources Survey Letter Report for the Bonita Glen Development Project, City of Chula Vista, California. February 2018. Dudek. 2018d. Memorandum. Paleontological Resources Review Bonita Glen Drive Project. January 2018. Dudek. 2018e. Acoustical Assessment Report for the Bonita Glen Drive Project in Chula Vista Final. August 2018. Latitude 33 Planning and Engineering 2018a. Priority Development Project (PDP) Storm Water Quality Management Plan. June 2018. 85 2019-06-04 Agenda PacketPage 338 of 836 Latitude 33 Planning and Engineering 2018b. Preliminary Drainage Study. Bonita Glen. Latitude 33 Planning and Engineering 2018c. Sewer Capacity Analysis. April 2018. NOVA. 2017. Preliminary Geotechnical Investigation and Infiltration Study. December 2017. REC Consultants. 2018. Technical Memorandum. Hydrologic and Hydraulic Analysis for Bonita Glen Creek. January 2018. Revised June 2018. San Diego County Regional Airport Authority. 2010. Brown Field Municipal Airport Land Use Compatibility Plan. Accessed July 2018. http://www.san.org/DesktopModules /Bring2mind/DMX/Download.aspx?Command=Core_Download&EntryId=2982&langua ge=en-US&PortalId=0&TabId=225. SANDAG (San Diego Association of Governments). 2015. Section 4.13, Population and Housing. In Final Environmental Impact Report for San Diego Regional Plan. October 2015. Accessed July 2018. http://www.sdforward.com/pdfs/EIR _final/Section%204.13%20Population%20and%20Housing.pdf. SCAQMD (San Diego Air Quality Management District). 1993. SCAQMD Air Quality Analysis Handbook. Accessed July 2018. http://www.aqmd.gov/home/rules- compliance/ceqa/air-quality-analysis-handbook. SDGE (San Diego Gas and Electric). Bonita Glen Apartments-Bonita Glen Rd. Chula Vista, CA 91910. October 15, 2018. Sweetwater Authority. 2016. 2015 Urban Water Management Plan. June 2016. Accessed July 2018. https://www.sweetwater.org/DocumentCenter/View/84/2015-Urban- Water-Management-Plan-PDF. Accessed July 2018. https://www.sweetwater.org/ 27/About-Us. Sweetwater Unified High School District. 2018. School Attendance Boundaries. My School Locator. Accessed July 2018. http://locator.decisioninsite.com/?StudyID=193578. 86 2019-06-04 Agenda PacketPage 339 of 836 INTENTIONALLY LEFT BLANK 87 2019-06-04 Agenda PacketPage 340 of 836 Page 341 of 836 R V O N U H T A R V E BR O A E L A V A M L E A R R V A G I F V V A O M T V 2019-06-04 Agenda Packet Date: 8/3/2018 - Last saved by: cbattle - Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\IS\\Figure 1 Project Location.mxd INTENTIONALLY LEFT BLANK 89 2019-06-04 Agenda PacketPage 342 of 836 Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\MND Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\MND Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\MND Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\MND Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\MND Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\MND Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\MND F A I R 54 S W EE T W A T E R R D SWEETWATER - Lower Sweetwater - La Nacion AT IO N 805 ARD IT BO T ST SWEETWATER - Lower Sweetwater - Telegraph Project Boundary JurisdictionalWaters Hydrologic Unit - Area - Subarea SOURCE: SANGIS 2017; USGS 2018 FIGURE 7 Hydrologic Setting 01,000500 Feet Bonita Glen IS 2019-06-04 Agenda PacketPage 357 of 836 INTENTIONALLY LEFT BLANK 105 2019-06-04 Agenda PacketPage 358 of 836 Page 359 of 836 2019-06-04 Agenda Packet nal Resources.mxdDate: 8/3/2018 - Last saved by: cbattle - Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\IS\\Figure 8 Biological and Jurisdictio INTENTIONALLY LEFT BLANK 107 2019-06-04 Agenda PacketPage 360 of 836 F A I R 54 S W EE T W A T E R R D AT IO N 805 ARD IT BO T ST City of Chula Vista MSCP Project Boundary SOURCE: SANGIS 2017; City of Chula Vista 2017 FIGURE 9 City of Chula Vista MSCP Reserve/Conservation Area 01,000500 Feet Bonita Glen IS 2019-06-04 Agenda PacketPage 361 of 836 INTENTIONALLY LEFT BLANK 109 2019-06-04 Agenda PacketPage 362 of 836 Path: Z:\\Projects\\j1027101\\MAPDOC\\DOCUMENT\\MND Responses to Comments February 2019 RTC-1 Bonita Glen Project 2019-06-04 Agenda PacketPage 365 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-2 Bonita Glen Project 2019-06-04 Agenda PacketPage 366 of 836 Responses to Comments RTC. Bonita Glen Response to Comments RTC.1 Introduction This chapter of the Final Mitigated Negative Declaration (MND) includes a list of persons, organizations, and public agencies that provided written comments on the MND during or after the public review period, as well as a copy of the comments received by the City of Chula Vista written comments. The MND for the proposed Bonita Glen Project (project) was prepared and circulated for public review from December 17, 2018 through January 23, 2019. During that time, the City received two agency comment letters, one organization comment letter, and 15 individual comment letters. The comments have been assigned an alphanumeric label, and the individual comments within each written comment letter are bracketed and numbered. For example, Comment Letter A contains one comment that is numbered A-1. onses to each comment of the MND represent a good-faith, reasoned effort to address the environmental issues identified by the comment. Under the State California Environmental Quality Act (CEQA) Guidelines, the City is not required to respond to all comments on the MND, but only those comments that raise environmental issues. In accordance with CEQA Guidelines Sections 15088 and 15204, the City has independently evaluated the comments and prepared the following written responses describing the disposition of any significant environmental issues raised. CEQA does not require the City to conduct every test or perform all research, study, or experimentation recommended or demanded by commenters. Rather, CEQA requires the City to provide a good faith, reasoned analysis supported by factual sciences consulted with and independently reviewed analysis responding to the MND comments prepared by Dudek and other experts, each of whom has years of educational and field experience in their field of environmental sciences; is familiar with the project and the environmental conditions in the City; and is familiar with the federal, state, and local rules and regulations (including C provided in the responses to comments below are backed by substantial evidence. Likewise, the City prepared and/or independently reviewed legal analysis supplementing the responses to the MND comments. Revisions to the text of the Draft MND were not required, since no new significant information regarding the project or environmental setting was provided since the time of the Notice of Availability. February 2019 RTC-3 Bonita Glen Project 2019-06-04 Agenda PacketPage 367 of 836 Responses to Comments RTC.2 Response to Comments The following section includes a list of persons, organizations, and public agencies that provided written comments on the MND during, or after, the public review period, as well as a copy of the comments received by the City during (and after) the public review process for the MND and the -1 provides a list of all written comments received during the public comment period. Table RTC-1 List of Commenters on the Mitigated Negative Declaration IndividualDavid Butler IndividualClaire Wachowiak IndividualSusan Wachowiak IndividualSuellen Butler IndividualChristine Malone FIndividualClaire Wachowiak GIndividualKevin Malone HIndividualSusan Wachowiak IIndividualScott Olsen JIndividualSusan Wachowiak KIndividualKevin Malone LIndividualJohn Salts MIndividualHector Vanegas NOrganizationSouthwest Regional Council of Carpenters OIndividualScott Olsen PIndividualGloria and Mark Ramsey QAgencyEric Lardy RAgencyScott Morgan February 2019 RTC-4 Bonita Glen Project 2019-06-04 Agenda PacketPage 368 of 836 Responses to Comments February 2019 RTC-5 Bonita Glen Project 2019-06-04 Agenda PacketPage 369 of 836 Responses to Comments Response to Comment Letter A David Butler December 21, 2018 A-1 The commenter expresses their concern regarding general traffic in the local roadway network, including narrow County of San Diego (County)-owned roads like Pepper Tree Road, resulting from the proposed Bonita Glen Project (project). As discussed in the Draft Mitigated Negative Declaration (MND) and the Traffic Impact Analysis (TIA) referenced in the Draft MND, following discussions with the City of Chula Vista (City), the following roadway segments were included in the TIA: 1. Bonita Road, between East Flower Street/Bonita Road and Bonita Glen Drive 2. Bonita Road, between Bonita Glen Drive and Interstate (I) 805 Southbound On- /Off-Ramps 3. Bonita Road, between I-805 Southbound On-/Off-Ramps and I-805 Northbound On-/Off-Ramps 4. Bonita Glen Drive, between Bonita Road and Adrienne Drive 5. Vista Drive, between Adrienne Drive and Ola Court 6. Pepper Tree Road, between Jacaranda Drive and Vista Drive Of the study roadway segments, Bonita Glen Drive, Vista Drive, and Pepper Tree Road were analyzed using County standards. For the purposes of this analysis, the TIA determines whether the proposed project would push the existing level of service (LOS) over the acceptable LOS threshold for each roadway, which is established by the County. Pepper Tree Road is classified as a Local Public Roadway under the County standards, and the project contributes no more than 100 trips to that roadway. As discussed in the Draft MND and the TIA referenced in the MND, all study segments are forecasted to operate at an acceptable LOS (D or better) under all assessed conditions, in regard to County roadway segments. Real or perceived existing roadway hazards are not subject to California Environmental Quality Act (CEQA) review as long as the proposed project does not exacerbate the issue, and the project does not. The County of San Diego General Plan Mobility Element and City of Chula Vista General Plan Mobility Element classify roadways based on the number of lanes of the roadway. These roadway classifications formed the basis of the TIA, therefore the City February 2019 RTC-6 Bonita Glen Project 2019-06-04 Agenda PacketPage 370 of 836 Responses to Comments has taken the study roadway widths into account. Since the proposed project would not result in a significant impact on these roadways, the CEQA requirements have been met. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. A-2 The commenter expresses their concern regarding parking insufficiencies along Bonita Glen Drive. As referenced in the Draft MND, a technical memorandum was prepared to document the current parking demand and determine whether the proposed project would provide sufficient parking to accommodate its future residents. The memorandum explains that State law requires the proposed project to provide a total of 212 parking spaces (one space/dwelling unit for the six studio and 122 one-bedroom apartments, and two spaces/dwelling unit for the 42 two-bedroom apartments). The proposed project exceeds these legal requirements, providing a total of 231 on-site parking spaces. This allows for a demand of 1.36 spaces per unit, or 1.09 spaces per bedroom. Based on observations performed at other properties within the area, and taking into account the unit mix which at the proposed project is 75% studio and one- bedroom units, the 231 spaces provided by the proposed project would be sufficient to accommodate its parking demand on site. The technical memorandum by the parking expert also looked at the existing on-street parking, and found that there were 97 on-street parking spaces on Bonita Glen Drive south of Bonita Road, and that the average occupancy at 10:00 p.m. on Bonita Glen Drive was 70 vehicles, which would leave approximately 27 available spaces on Bonita Glen Drive to accommodate any worst-case overflow parking from the proposed project. The experts in preparing the technical memorandum on parking looked at similar and surrounding developments and found the maximum parking demand per unit at any time being 1.46 spaces for the Bonita Court property on Sunday, April 15, 2018 at 10 p.m. However, 73% of the apartments at the Bonita Court development are two-bedroom units. The proposed 75% studio or one-bedroom is most similar to the Point Bonita project. Transportation/Traffic threshold questions do not pertain to parking; however, the parking technical memorandum was provided in response to public comments. As such, this issue has been adequately addressed. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. It is also worth noting that there is a bus stop directly across the street, less than one-half mile from this infill project. February 2019 RTC-7 Bonita Glen Project 2019-06-04 Agenda PacketPage 371 of 836 Responses to Comments A-3 The commenter restates claims already addressed in Response A-2 and does not raise an environmental issue within the context of CEQA. The City acknowledges the comment and notes that it expresses the opinions of the commenter and does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary. February 2019 RTC-8 Bonita Glen Project 2019-06-04 Agenda PacketPage 372 of 836 Responses to Comments February 2019 RTC-9 Bonita Glen Project 2019-06-04 Agenda PacketPage 373 of 836 Responses to Comments February 2019 RTC-10 Bonita Glen Project 2019-06-04 Agenda PacketPage 374 of 836 Responses to Comments Response to Comment Letter B Claire Wachowiak December 28, 2018 B-1The Draft Mitigated Negative Declaration (MND) references the Traffic Impact Analysis (TIA) prepared by Chen Ryan Associates in 2018 for the proposed Bonita Glen Project (project). The TIA identifies intersections and roadway segments that would be effected by the proposed project. Through discussion with City of Chula Vista (City) staff, the study area was determined to include the following roadway segments: 1. Bonita Road, between East Flower Street/Bonita Road and Bonita Glen Drive 2. Bonita Road, between Bonita Glen Drive and Interstate (I) 805 Southbound On- /Off-Ramps 3. Bonita Road, between I-805 Southbound On-/Off-Ramps and I-805 Northbound On-/Off-Ramps 4. Bonita Glen Drive, between Bonita Road and Adrienne Drive 5. Vista Drive, between Adrienne Drive and Ola Court 6. Pepper Tree Road, between Jacaranda Drive and Vista Drive These segments were analyzed using County of San Diego (County) and City standards, depending on which jurisdiction the roadway falls into. These roadway segments were analyzed using estimated trip generation for the proposed project under Existing Conditions, Existing plus Project Conditions, Future Year 2035 Base Conditions, and Future Year 2035 Base plus Project Conditions. As further relayed in the Initial Study, all study roadway segments are projected to operate at acceptable levels under all future conditions. Therefore, based on the City and County significance criteria, the proposed project would not result in a significant impact on these roadway segments. County Traffic Impact Guidelines require a proposed project to analyze the traffic impacts on a given roadway if the proposed project is projected to add 25 or more peak hour trips to the roadway. The TIA concluded that the proposed project would not add enough trips to Adrienne Drive, Ola Court, or Jacaranda Drive to require traffic impact analysis on these roadways. Therefore, they were not selected as study roadways in the TIA. As such, California Environmental Quality Act (CEQA) requirements have been met, and the comment has been adequately addressed. The City February 2019 RTC-11 Bonita Glen Project 2019-06-04 Agenda PacketPage 375 of 836 Responses to Comments is including this comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. B2 The commenter expresses concern regarding the e project traffic. As discussed in the TIA, the analysis of the study roadway segments uses the City and County level of service (LOS) standards and thresholds to determine whether the proposed project would have a negative impact on the roadways. Roadway segment LOS standards and thresholds provide the basis for analysis of arterial roadway segment performance. The analysis of roadway segment LOS is based on the functional classification of the roadway, the maximum capacity, roadway geometrics, and existing and forecast average daily traffic volumes. As discussed in Section 3.1, Existing Roadway Network, of the TIA, the width of Bonita Glen varies between 30 and 40 feet; Bonita Road is approximately 72 feet wide and widens to approximately 100 feet at the I-805 Southbound On-/Off-Ramp intersection; Vista Drive varies between 25 and 30 feet; and Pepper Tree Road varies between 25 and 30 feet. Under existing roadway width conditions, all study roadway segments are projected to operate at acceptable LOS under all future conditions. Therefore, based on the City and County significance criteria, the proposed project would not result in a significant project-related impact. The City is including this comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. B-3Table 3.2 (County of San Diego) of the TIA classifies a segment of Bonita Glen Drive from Bonita Road to Adrienne Drive as a Two-Lane Minor Collector, and a segment Table is referencing segments of Bonita Glen Drive and Vista Drive that start or end at Adrienne Drive, and is not classifying Adrienne Drive itself. The roads are correctly referenced in the TIA. The comment does not raise any specific issue regarding the analysis provided in the Draft MND; therefore, no more specific response can be provided or is required. The City is including this comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. B-4The TIA did not look at the project traffic only from a general, regional level, but evaluated it on a project-specific level. As discussed in Responses A-1 and B-1, through discussion with City staff and based on well-founded City and County criteria as well as professional standards, the study area was determined to include Bonita Glen Drive, February 2019 RTC-12 Bonita Glen Project 2019-06-04 Agenda PacketPage 376 of 836 Responses to Comments Bonita Road, Vista Drive, and Pepper Tree Road. County Traffic Impact Guidelines require a proposed project to analyze the traffic impact on a given roadway if the proposed project is projected to add 25 or more peak hour trips to the roadway. The TIA determined that the proposed project would not add enough trips to Adrienne Drive, Ola Court, or Jacaranda Drive to require traffic impact analysis on these roadways under the established criteria. The roadway width and configurations are taken into account as part of the roadway classification by the City and/or County. Based on applicable standards, Adrienne Drive, Ola Court and Jacaranda Drive do not meet the threshold for inclusion as study roadways in the TIA. B-5The project is consistent with the visions set forth in the ng Chapter 4, as well as the Bonita Glen Specific Plan. With La Quinta Hotel to the north, the Point Bonita Apartments and Townhomes to the west, and single-family homes to the east, the project is consistent and harmonizes with the surrounding commercial land uses, and variety of housing densities in the vicinity. As discussed in the proposed acceptable LOS (D or better) under all assessed conditions for County roadway segments. The proposed project would not result in a significant impact on the referenced roadways according to the TIA, which was prepared by traffic experts using established City and County criteria. Therefore, CEQA requirements have been met and this issue has been adequately addressed. The City is including this comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. February 2019 RTC-13 Bonita Glen Project 2019-06-04 Agenda PacketPage 377 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-14 Bonita Glen Project 2019-06-04 Agenda PacketPage 378 of 836 Responses to Comments February 2019 RTC-15 Bonita Glen Project 2019-06-04 Agenda PacketPage 379 of 836 Responses to Comments February 2019 RTC-16 Bonita Glen Project 2019-06-04 Agenda PacketPage 380 of 836 Responses to Comments Response to Comment Letter C Susan Wachowiak January 7, 2019 C-1 The commenter restates information contained in the General Plan regarding the City part of the Final Mitigated Negative Declaration (MND) for review and consideration by the decision makers prior to a final decision on the proposed Bonita Glen Project (project). No further response is required or necessary. C-2 The commenter alleges that the proposed project is in conflict with Chapter 4 of the Planning, of the Initial Study. As explained in the Initial Study and as stated in the Bonita Glen Specific Plan (Specific Plan), residential development is permitted on the project site, following the process described therein. The proposed project has been designed to provide much-needed housing while also respecting the character of the surrounding neighborhood, which includes residential (including multi-family residential), and furthering the goals of the General Plan (see Initial Study Section XIII, Population and Housing). The Specific Plan envisions and allows adjustment to standards and regulations that are allowed by the State Density Bonus rules and regulations. The proposed project would not require a rezone or a Specific Plan Amendment. The proposed project complies with the General Plan and the Specific Plan, and all environmental impacts would be mitigated to less than significant. Therefore, this issue has been adequately addressed. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. February 2019 RTC-17 Bonita Glen Project 2019-06-04 Agenda PacketPage 381 of 836 Responses to Comments C-3 The commenter expresses their general opposition to the proposed project and its effect adequacy of any specific section or analysis of the Draft MND. The MND has concluded, based on expert studies and analysis, that the proposed project would not have any significant impact on the environment. In addition, as noted in Response C- 2, the project is consistent with the General Plan and Specific Plan. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary. February 2019 RTC-18 Bonita Glen Project 2019-06-04 Agenda PacketPage 382 of 836 Responses to Comments February 2019 RTC-19 Bonita Glen Project 2019-06-04 Agenda PacketPage 383 of 836 Responses to Comments February 2019 RTC-20 Bonita Glen Project 2019-06-04 Agenda PacketPage 384 of 836 Responses to Comments February 2019 RTC-21 Bonita Glen Project 2019-06-04 Agenda PacketPage 385 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-22 Bonita Glen Project 2019-06-04 Agenda PacketPage 386 of 836 Responses to Comments Response to Comment Letter D Suellen Butler January 8, 2019 D-1 The commenter expresses their concern regarding street parking availability on Bonita Glen Drive. The City of Chula Vista (City) Transportation/Traffic threshold questions do not require analysis of parking; however, the City nonetheless had a parking technical memorandum prepared and provided in response to public comments. As referenced in the Draft Mitigated Negative Declaration (MND), that technical memorandum was prepared to document the current parking demand and determine whether the proposed Bonita Glen Project (project) will provide sufficient parking to accommodate its future residents. As the memorandum explains, State law requires the proposed project to provide a total of 212 parking spaces (one space/dwelling unit for the six studio and 122 one-bedroom apartments, and two spaces/dwelling unit for the 42 two-bedroom apartments). The proposed project exceeds these legal requirements, providing a total of 231 on-site parking spaces. This allows for a demand of 1.36 spaces per unit, or 1.09 spaces per bedroom. Based on observations performed at other properties within the area, and taking into account the unit mix which at the proposed project is 75% studio and one-bedroom units, the 231 spaces provided by the proposed project would be sufficient to accommodate its parking demand on site. The technical memorandum by the parking expert also looked at the existing on-street parking, and found that there were 97 on-street parking spaces on Bonita Glen Drive south of Bonita Road, and that the average occupancy at 10:00 p.m. on Bonita Glen Drive was 70 vehicles, which would leave approximately 27 available spaces on Bonita Glen Drive to accommodate any worst-case overflow parking from the proposed project. The experts in preparing the technical memorandum on parking looked at similar and surrounding developments and found the maximum parking demand per unit at any time being 1.46 spaces for the Bonita Court property on Sunday, April 15, 2018 at 10 p.m. However, 73% of the apartments at the Bonita Court development are two--bedroom is most similar to the Point Bonita project. Point Bonita generates a maximum parking demand of 1.1 do not pertain to parking; however, the parking technical memorandum was provided in response to public comments. As such, this issue has been adequately addressed. The February 2019 RTC-23 Bonita Glen Project 2019-06-04 Agenda PacketPage 387 of 836 Responses to Comments City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. It is also worth noting that there is a bus stop directly across the street, less than one-half mile from this infill project. D2 The commenter expresses their concern regarding existing physical road conditions on Bonita Glen Drive. Bonita Glen Drive wa Program (CIP) Project STL0435, which identified a number of City streets to be rehabilitated. The City is currently in the process of selecting contractors and established at a later date. In addition, the proposed project would pay development impact fees at the time of building permit issuance. Existing potholes are not subject to California Environmental Quality Act (CEQA) review as long as the proposed project does not exacerbate the issue, and the proposed project would not result in a significant impact on Bonita Glen Drive. Therefore, CEQA requirements have been met. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. D-3 The commenter expresses their concern regarding the increase in traffic as a result of the proposed project. The comment is specifically concerned with freeway on- and off- ramps and the on-street parking capacity on Vista Drive. As shown in Section XVI, Transportation/Traffic, of the Initial Study, the following on- and off-ramps were analyzed in the Traffic Impact Analysis: Interstate (I) 805 Southbound (SB) On-/Off-Ramps at Bonita Road I-805 Northbound (NB) On-/Off-Ramps at Bonita Road In addition, the following roadway segments were analyzed under the Traffic Impact Analysis: Bonita Road, between Bonita Glen Drive and I-805 SB On-/Off-Ramps Bonita Road, between I-805 SB On-/Off-Ramps and I-805 NB On-/Off-Ramps The I-805 and Bonita Road intersections are expected to operate at an acceptable level of service (LOS) during the AM and PM peak hours under all analyzed conditions. Additionally, the roadway segments analyzed at the I-805 On-/Off-Ramps are forecasted to operate at an acceptable LOS (D or better) under all analyzed conditions. February 2019 RTC-24 Bonita Glen Project 2019-06-04 Agenda PacketPage 388 of 836 Responses to Comments As a result, there would not be any significant backup on the off-ramp as a result of the project. The concern regarding on-street parking was evaluated in the technical memorandum referenced in the Initial Study. The commenter may be erroneously referring to Bonita Glen Drive, not Vista Drive, as since the attached photo of street parking is of Bonita Glen Drive. Please see Response A-2 and Response D-1 regarding parking, and note that the parking technical memorandum prepared in response to public concerns regarding on-street parking capacity on Bonita Glen Drive found that there would be adequate parking even in a worst-case scenario. The memorandum explains that State law requires the proposed project to provide a total of 212 parking spaces (one space/dwelling unit for the six studio and 122 one-bedroom apartments, and two spaces/dwelling unit for the 42 two-bedroom apartments). The proposed project exceeds these legal requirements, providing a total of 231 on-site parking spaces. This allows for a demand of 1.36 spaces per unit, or 1.09 spaces per bedroom. Based on observations performed at other properties within the area, and taking into account the unit mix which at the proposed project is 75% studio and one-bedroom units, the 231 spaces provided by the proposed project would be sufficient to accommodate its questions do not require an analysis of parking, a parking technical memorandum was provided for the proposed project in response to public comments. In addition, please note that the Bonita Glen Specific Plan in place on this property since the 1970s assumed higher traffic volumes than would be generated by the proposed project response to public comments. As such, this issue has been adequately addressed. The commenter also expresses their general opposition to the proposed project, and does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. D-4 The photo of Bonita Glen Drive is referenced earlier in the comment letter. Please refer to Responses A-2 and D-1 regarding on-street parking on Bonita Glen Drive. February 2019 RTC-25 Bonita Glen Project 2019-06-04 Agenda PacketPage 389 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-26 Bonita Glen Project 2019-06-04 Agenda PacketPage 390 of 836 Responses to Comments February 2019 RTC-27 Bonita Glen Project 2019-06-04 Agenda PacketPage 391 of 836 Responses to Comments February 2019 RTC-28 Bonita Glen Project 2019-06-04 Agenda PacketPage 392 of 836 Responses to Comments February 2019 RTC-29 Bonita Glen Project 2019-06-04 Agenda PacketPage 393 of 836 Responses to Comments February 2019 RTC-30 Bonita Glen Project 2019-06-04 Agenda PacketPage 394 of 836 Responses to Comments February 2019 RTC-31 Bonita Glen Project 2019-06-04 Agenda PacketPage 395 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-32 Bonita Glen Project 2019-06-04 Agenda PacketPage 396 of 836 Responses to Comments Response to Comment Letter E Christine Malone January 12, 2019 E-1The commenter expresses their general opposition to the proposed Bonita Glen Project (project), and does not raise an issue related to the adequacy of any specific section or analysis of the Draft Mitigated Negative Declaration (MND). The City of Chula Vista (City) is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. E-2The City acknowledges the comment, which does not raise an issue related to the adequacy of any specific section or analysis; therefore, no more specific response can be provided or is required. Note, however, that the project area includes a mix of uses, including commercial and multi-family, and that the Bonita Glen Specific Plan also allows a mix of uses, including multi-family, on the project site. See Response C-2 regarding consistency with the General Plan and Specific Plan. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary. E-3The City acknowledges the comment, which does not raise an issue related to the adequacy of any specific section or analysis. The commenter speculates about how much pride apartment dwellers take in their home, which is not a topic covered under the California Environmental Quality Act (CEQA). See Responses A-2 and D-1 regarding parking. The potential traffic impacts from the proposed project are addressed in the Draft MND c Impact Analysis (TIA). The roadway segments of Bonita Glen Drive, Vista Drive, and Pepper Tree Road are County of San Diego (County) roads and thus were analyzed using County standards. For the purposes of this analysis, the TIA determines whether the proposed project would push the existing level of service (LOS) over the acceptable LOS threshold for each roadway analyzed, which is established by the County. As discussed in the Draft MND and the TIA, all study segments are forecasted to operate at an acceptable LOS (D or better) under all assessed conditions. For traffic, see also Responses A-1, B-1, B-2, B-4, B-5, and D-3. Since the proposed project would not result in a significant impact on these roadways and would provide an adequate February 2019 RTC-33 Bonita Glen Project 2019-06-04 Agenda PacketPage 397 of 836 Responses to Comments number of parking spaces on site, CEQA requirements have been met. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. E-4The commenter references attached photos of litter along Bonita Glen Road. Street litter is not a topic covered under CEQA. Street litter is addressed through street sweeping, which occurs on Bonita Glen Road the first Monday of every 2 months (City of Chula Vista 2019). Moreover, as discussed in Responses A-2 and D-1, the parking memorandum concludes that the anticipated parking demand for the project would be met on site. E-5The City acknowledges the comment and notes that it raises economic, social, or political issues that do not relate to any physical effect on the environment. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required because the comment does not raise an environmental issue. E-6The commenter expresses their general opposition to the proposed project and support for a storage unit as a preferred alternative. The comment does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. E-7See Response C- well as Section X, Land use and Planning, of the Initial Study. February 2019 RTC-34 Bonita Glen Project 2019-06-04 Agenda PacketPage 398 of 836 Responses to Comments February 2019 RTC-35 Bonita Glen Project 2019-06-04 Agenda PacketPage 399 of 836 Responses to Comments February 2019 RTC-36 Bonita Glen Project 2019-06-04 Agenda PacketPage 400 of 836 Responses to Comments February 2019 RTC-37 Bonita Glen Project 2019-06-04 Agenda PacketPage 401 of 836 Responses to Comments February 2019 RTC-38 Bonita Glen Project 2019-06-04 Agenda PacketPage 402 of 836 Responses to Comments February 2019 RTC-39 Bonita Glen Project 2019-06-04 Agenda PacketPage 403 of 836 Responses to Comments February 2019 RTC-40 Bonita Glen Project 2019-06-04 Agenda PacketPage 404 of 836 Responses to Comments February 2019 RTC-41 Bonita Glen Project 2019-06-04 Agenda PacketPage 405 of 836 Responses to Comments February 2019 RTC-42 Bonita Glen Project 2019-06-04 Agenda PacketPage 406 of 836 Responses to Comments February 2019 RTC-43 Bonita Glen Project 2019-06-04 Agenda PacketPage 407 of 836 Responses to Comments February 2019 RTC-44 Bonita Glen Project 2019-06-04 Agenda PacketPage 408 of 836 Responses to Comments February 2019 RTC-45 Bonita Glen Project 2019-06-04 Agenda PacketPage 409 of 836 Responses to Comments February 2019 RTC-46 Bonita Glen Project 2019-06-04 Agenda PacketPage 410 of 836 Responses to Comments February 2019 RTC-47 Bonita Glen Project 2019-06-04 Agenda PacketPage 411 of 836 Responses to Comments February 2019 RTC-48 Bonita Glen Project 2019-06-04 Agenda PacketPage 412 of 836 Responses to Comments February 2019 RTC-49 Bonita Glen Project 2019-06-04 Agenda PacketPage 413 of 836 Responses to Comments February 2019 RTC-50 Bonita Glen Project 2019-06-04 Agenda PacketPage 414 of 836 Responses to Comments February 2019 RTC-51 Bonita Glen Project 2019-06-04 Agenda PacketPage 415 of 836 Responses to Comments February 2019 RTC-52 Bonita Glen Project 2019-06-04 Agenda PacketPage 416 of 836 Responses to Comments Response to Comment Letter F Claire Wachowiak January 13, 2019 F-1 The City of Chula Vista (City) acknowledges the comment as an introduction to comments that follow. This comment is included in the Final Mitigated Negative Declaration (MND) for review and consideration by the decision makers prior to a final decision on the proposed Bonita Glen Project (project). The Initial Study (IS), MND and Traffic Impact Analysis (TIA) are accurate in regards to the referenced roads. See Response B-4 regarding Adrienne Drive, Ola Court and Pepper Tree Road. F-2 The commenter expresses their general concern regarding parking on Bonita Glen Drive and driving on Vista Road. The comment indicates that comments regarding this issue are included in the letter. Please see Responses A-2, D-1, F-10, F-11, and F-12 regarding parking. No further response is required. F-3 The comment references attached photos for context in following comments. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. F-4 The commenter has misinterpreted the road classifications provided in the Tables of the IS and the TIA. Please see Response B-3. Those classifications do not refer to Adrienne Drive. F-5 Please refer to Responses B-3 and F-4. The TIA, IS and MND were not referring to Adrienne Drive. Based on established standards and criteria, as discussed in the TIA, the proposed project would not add enough trips to Adrienne Drive to impact that roadway. Since the proposed project would not result in a significant impact on Adrienne Drive, the California Environmental Quality Act (CEQA) requirements have been met. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. F-6 The purpose of Figure 10, Project Study Traffic Areas, in the IS is to illustrate what roadways were analyzed in the TIA. The roadways shown in blue are study roadway segments that were assessed in the TIA, and the numbered intersections represent the intersections along Bonita Road assessed in the TIA. The comment indicates that Figure 10 erroneously labels part of Vista Drive as Bonita Glen Drive. The commenter February 2019 RTC-53 Bonita Glen Project 2019-06-04 Agenda PacketPage 417 of 836 Responses to Comments is correct in that the name of the road changes from Bonita Glen to Vista Drive when it extends south past Adrienne Drive. Although Figure 10 does not show the change in name on that roadway segment south of the Vista Drive and Bonita Glen Drive intersection as Vista Drive, the purpose of the figure was not compromised. The segment of Vista Drive from Bonita Glen Drive to Adrienne Drive was analyzed under the TIA, and no significant impacts to roadway segments or intersections were identified. As such, no revision to the Draft MND is required. F-7 As discussed in the TIA referenced in the Draft MND, Pepper Tree Road is classified as a Local Public Roadway with no on-street parking, based on roadway classifications established by the County of San Diego (County). The classification is not something st be based on already established classifications set by the appropriate jurisdiction. Roadway capacities and level-of-service (LOS) thresholds in the City were derived from the roadway designation, over which the City has no control. The comment does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary. F-8 As discussed in the TIA referenced in the MND, the purpose of the TIA is to determine whether the project would push the existing LOS over the acceptable LOS threshold for each roadway analyzed, which for County roadways is established by the County. Pepper Tree Road is classified by the County as a Local Public Roadway under the County standards. As discussed in the Draft MND and the TIA referenced in the MND, all study segments are forecasted to operate at an acceptable LOS (D or better) under all assessed conditions on all County roadway segments. Moreover, the project adds very little traffic to Pepper Tree Road. Existing roadway hazards are not subject to CEQA review as long as the proposed project does not exacerbate the issue. Since the proposed project would not result in a significant impact on these roadways, the CEQA requirements have been met. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. February 2019 RTC-54 Bonita Glen Project 2019-06-04 Agenda PacketPage 418 of 836 Responses to Comments F-9 The commenter has misunderstood the references in Table 3.2, Roadway Segment Level of Service Existing Conditions (County of San Diego), of the TIA, which classifies a segment of Vista Drive (not Ola Court) as a Local Public Roadway. As discussed in Response B-3, Table 3.2 (County of San Diego) of the TIA classifies a segment of Vista Drive from Adrienne Drive to Ola referencing a segment of Vista Drive that ends at Ola Court, and is not classifying Ola Court itself. The roads are correctly referenced in the TIA. Ola Court was not a roadway required to be further analyzed under the TIA. Adrienne Drive and Ola Court are included in Table 3.2 to identify where the studied segment of Vista Drive begins and ends. The comment does not raise any specific issue regarding the analysis provided in the Draft MND; therefore, no more specific response can be provided or is required. The City is including this comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. F-10 The commenter expresses their concern regarding parking insufficiencies along Bonita threshold questions do not require analysis of parking, a parking technical memorandum was provided for the proposed project in response to public comments. That technical memorandum was prepared to document the current parking demand and determine whether the proposed project would provide sufficient parking to accommodate future residents. See also Responses A-2 and D-1. As noted there, the technical parking memorandum found that the 231 spaces provided by the proposed project would be sufficient to accommodate parking demand on site. As such, this issue has been adequately addressed. In addition, in response to public comments Code Compliance is investigating whether the nearby apartment complex is complying with its permits regarding parking for its residents, and also is processing changes to The City is including this comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. F-11 The commenter expresses their concern about the existing conditions of parked cars on Bonita Glen Drive. The City allows public parking on public streets, and Bonita Glen is a public street. As discussed in Responses A-2 and D-1, the proposed project would be able to meet its parking demand on site, and even in a worse-case scenario overflow parking would be accommodated on Bonita Glen. A major transit stop is located across the street from the proposed infill project, further reducing the need for residents of the February 2019 RTC-55 Bonita Glen Project 2019-06-04 Agenda PacketPage 419 of 836 Responses to Comments project to drive and park. The parking supply was determined to be appropriate for the proposed use, and exceeds the legally required number of spaces. In addition, as discussed in the Draft MND and TIA, all study segments are forecasted to operate at an acceptable LOS under all assessed conditions. The decision to allow public parking on public streets is a City-wide issue not related to the proposed project, and the project has been designed to accommodate its reasonably anticipated parking demand on site. Existing roadway hazards are not subject to CEQA review as long as the proposed project does not exacerbate an existing issue. Since the proposed project would not result in a significant impact on these roadways, and would provide an adequate number of parking spaces on site, CEQA requirements have been met. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. F-12 The commenter expresses their concern regarding the width of Vista Drive. As discussed in in the Draft MND and TIA, all study segments are forecasted to operate at an acceptable LOS (D or better) under all assessed conditions, in regard to City and County roadway segments. Existing roadway hazards are not subject to CEQA review as long as the proposed project does not exacerbate the issue. Since the proposed project would not result in a significant impact on these roadways and would provide an adequate number of parking spaces on site, the CEQA requirements have been met. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. F-13 The comment misunderstands the road classification references in the TIA, IS and MND, as discussed in Responses B-3 and F-4. The road classification references are correct in the project studies. To the extent that the comment does not agree with the City and County street classifications themselves, those are City and County standard classifications not specific to the proposed project. The TIA prepared for the project accurately used the correct street classifications as they have been established by the City and County. The City acknowledges the comment and notes that it expresses the opinions of the commenter and does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary. February 2019 RTC-56 Bonita Glen Project 2019-06-04 Agenda PacketPage 420 of 836 Responses to Comments F-14 The City acknowledges the comment and notes that it expresses opposition to the proposed project and does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary. F-15 Please refer to Responses F-4 through F-6. F-16 Please refer to Responses F-4 through F-6. F-17 Please refer to Responses F-10 and F-11. F-18 Please refer to Responses F-10 and F-11. F-19 Please refer to Responses F-10 and F-11. F-20 Please refer to Response F-9. F-21 Please refer to Responses F-7 and F-8. F-22 Please refer to Responses F-7 and F-8. F-23 Please refer to Responses F-7 and F-8. F-24 Please refer to Responses F-7 and F-8. F-25 Please refer to Responses F-7 and F-8. F-26 Please refer to Response F-12. F-27 Please refer to Response F-12. F-28 Please refer to Response F-12. F-29 Please refer to Response F-12. February 2019 RTC-57 Bonita Glen Project 2019-06-04 Agenda PacketPage 421 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-58 Bonita Glen Project 2019-06-04 Agenda PacketPage 422 of 836 Responses to Comments February 2019 RTC-59 Bonita Glen Project 2019-06-04 Agenda PacketPage 423 of 836 Responses to Comments February 2019 RTC-60 Bonita Glen Project 2019-06-04 Agenda PacketPage 424 of 836 Responses to Comments Response to Comment Letter G Kevin Malone January 13, 2019 G-1 The commenter expresses their general opposition to the proposed Bonita Glen Project (project), and speculates about the need for an Environmental Impact Report (EIR) due to the age of a prior EIR. The City of Chula Vista (City) is not relying on the previously prepared EIR, but, rather, prepared an Initial Study (IS) to evaluate whether or not an EIR was required. The IS determined, based on proper analysis under the California Environmental Quality Act (CEQA), that no EIR was required. analysis undertaken by the IS, which used current baseline conditions. The commenter also expresses general concern regarding unspecified noise, air pollution, and runoff water and flooding from Interstate (I) 805, which they believe have changed since 1984. Again, the City used current baseline data to evaluate the from 1984. Also, CEQA does not require that the effects of environmental California Building Industry Association v. Bay Area Air Quality Management District). In addition, as referenced in the Draft Mitigation Negative Declaration (MND), the noise report prepared for the proposed project, which studied current conditions, concluded that the proposed project would not exacerbate traffic noise from I-805. A health risk assessment was performed to determine the risk to project residents from I-805. The results of the health risk assessment show that the cancer risk on site from emissions from I-805 would exceed the San Diego Air Pollution Control impact. However, with mitigation, the cancer risk would be reduced to below the San Diego Air Pollution Contro therefore have a less-than-significant impact. Lastly, as discussed in the IS, the proposed project would include biofiltration basins that would direct runoff in multiple directions and eventually discharge into the existing drainage system. The proposed project density would not substantially alter the percolation patterns on the site once construction is complete. Therefore, the issues discussed in the comment were addressed in the Draft MND. February 2019 RTC-61 Bonita Glen Project 2019-06-04 Agenda PacketPage 425 of 836 Responses to Comments G-2 Please refer to Section IX, Hydrology and Water Quality, of the IS. A hydrologic and hydraulic analysis was prepared for Bonita Glen Creek, which demonstrated that the proposed ephemeral streambed within the proposed project can safely convey the 2- and 10-year design peak flow without overtopping or exceeding the allowed width buffer (Latitude 33 Planning and Engineering 2018a). Once constructed, on-site peak flows would be collected through the biofiltration basins and would discharge directly into the City storm drain infrastructure along Bonita Glen Drive. Outlet control would storm drain infrastructure along Bonita Glen Drive. The existing 33-inch public storm drain has a full f- slope of 2.1% (Latitude 33 Planning and Engineering 2018a). Water detention proposed in the 100-year floodplain will not affect the floodplain. In existing conditions, the floodplain area consists of dirt and shrubs, and during storm events, all runoff is directed into the existing ephemeral stream without any storage/outlet control. Additionally, as stated in the Preliminary Drainage Study, placing the infiltration basins in the 100-year floodplain will not affect the floodplain. Therefore, although the project site is within a floodplain, the project would not exacerbate any existing hazard associated with the floodplain. G-3 The City acknowledges the comment and notes that it expresses the opinions of the commenter and does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary. G-4 The density bonus law was enacted by the State to address the lack of adequate supply of affordable housing in California. The commenter expresses a general concern regarding quality of life and property values if new housing is built in their neighborhood. Traffic and congestion from the proposed project were addressed in Section XVI, Transportation/ Traffic, of the IS. As discussed in the IS, all study area intersections are forecasted to operate at acceptable level of service (D or better) during the AM and PM peak hours under all analyzed conditions. In conclusion, the addition of proposed project traffic would not result in a significant impact to any study segment or intersection. The other issues discussed in the comment raise economic, social, or political issues that are not related to a physical effect on the environment. The City is including the comment as part of the Final February 2019 RTC-62 Bonita Glen Project 2019-06-04 Agenda PacketPage 426 of 836 Responses to Comments MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required. G-5 The commenter expresses their concern regarding the ability of the public to park along public streets such as Bonita Glen, which the commenter believes creates a hazardous roadway condition. The allowance of parking along the street is not associated with the project. See also Response F-11. Existing roadway hazards are not subject to CEQA review as long as the proposed project does not exacerbate the issue. Since the proposed project would not result in a significant impact on any of these roadways and would provide an adequate number of parking spaces on site, the CEQA requirements have been met. See Responses A-2, D-1, F-10 and F-11 regarding parking along Bonita Glen. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. G-6 See Responses A-2, D-1, F-10, F-11, and G- transportation/traffic threshold questions do not require analysis of parking, a parking technical memorandum was prepared for the proposed project in response to public comments. That technical memorandum, referenced in the IS, explains that state law requires the proposed project to provide 212 parking spaces (one space per dwelling unit for the six studio and 122 one-bedroom apartments, and two spaces per dwelling unit for the 42 two-bedroom apartments). The proposed project exceeds these legal requirements, providing a total of 231 on-site parking spaces. This allows for a demand of 1.36 spaces per unit, or 1.09 spaces per bedroom. Based on observations performed at other properties within the area, and taking into account the unit mix which at the proposed project is 75% studio and one-bedroom units, the 231 spaces provided by the proposed project would be sufficient to accommodate its parking demand on site. Even of parking, a parking technical memorandum was provided for the proposed project in response to public comments. The parking technical memorandum surveyed Bonita Glen and confirmed that should the worst-case situation arise, there would be more than enough spaces along the street in which to park. CEQA does not consider even a parking deficit, by itself, to be an impact on the environment, and here the proposed project does not have a deficit but is in compliance with the parking legally required. While secondary impacts from a parking deficit should be analyzed to determine if there may be adverse environmental effects arising from it, here there is not a parking deficit, and yet the City nonetheless analyzed whether there would be any secondary February 2019 RTC-63 Bonita Glen Project 2019-06-04 Agenda PacketPage 427 of 836 Responses to Comments impacts from a worst-case scenario requiring parking on the street, and found that there were none As such, this issue has been adequately addressed. G-7 The commenter suggests the project property be purchased by the City and developed as a park or a commercial storage facility. Because the proposed project would not result in any significant and unavoidable environmental impacts, project alternatives were not required to be analyzed. In addition, note that the Bonita Glen Specific Plan (Specific Plan) has long planned for even more density on the site than is proposed by the project, and open space or park use would not be consistent with the Specific Plan. Developing the site as a park or commercial storage facility also would fail to help the City address its housing shortage, particularly its supply of affordable housing. The comment does not raise any specific issue regarding the analysis provided in the Draft MND; therefore, no more specific response can be provided or is required. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. G-8 The commenter claims that there are errors in the Notice of Intent figure. The figure was included in the Notice of Intent only to give the reader context for the location of the proposed project, which it did. The figure identifies Pepper Tree Road in the correct vicinity, even though the parcel map does not specifically show a street. As such, the purpose of the figure was not compromised and no revisions are necessary. The commenter also believes that the IS classifies Adrienne Drive as both a Two-Lane Minor Collector and a Local Public Roadway. See Responses B-3 and F-2 regarding the misunderstanding. G-9 The City acknowledges the comment and notes that it expresses the opinions of the commenter and does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. The Draft MND concludes that the project would not have a significant impact on the environment. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary. G-10 Please refer to Responses A-2, D-1, F-10, F-11, G-5, and G-6. February 2019 RTC-64 Bonita Glen Project 2019-06-04 Agenda PacketPage 428 of 836 Responses to Comments February 2019 RTC-65 Bonita Glen Project 2019-06-04 Agenda PacketPage 429 of 836 Responses to Comments February 2019 RTC-66 Bonita Glen Project 2019-06-04 Agenda PacketPage 430 of 836 Responses to Comments February 2019 RTC-67 Bonita Glen Project 2019-06-04 Agenda PacketPage 431 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-68 Bonita Glen Project 2019-06-04 Agenda PacketPage 432 of 836 Responses to Comments Response to Comment Letter H Susan Wachowiak January 14, 2019 H-1 The commenter expresses a general concern regarding increased traffic and congestion. Traffic and congestion were addressed in Section XVI, Transportation/Traffic, of the Initial Study (IS). As discussed in the IS, all study area intersections are forecasted to operate at an acceptable level of service (LOS) (LOS D or better) during the AM and PM peak hours under all analyzed conditions. In conclusion, the addition of traffic associated with the proposed Bonita Glen Project (project) would not result in a significant impact to any study segment or intersection. See also Responses A-1 and B-2. H-2 The commenter expresses concern regarding general traffic in the local roadway network, and specifically with regard to the analysis of impacts to County of San Diego (County) roads. The commenter believes that the reports inaccurately classify certain roads; that apparently is based on a misinterpretation of the classifications provided in Tables 16 and 17 of the IS. Table 16 provides classifications and LOS for roadways within the City of Chula Vista (City), whereas Table 17 provides classifications and LOS for roadways within the County. The classifications column in Tables 16 and 17 relate to the roadway indicated in the first column; i.e., Bonita Glen Drive is classified as a Two-Lane Minor Collector and Vista Drive is classified as a Local Public Roadway under County standards (Table 17). The Draft Mitigated Negative Declaration (MND) correctly classifies and identifies the roadways. Also, as discussed in the IS and in the Traffic Impact Analysis (TIA) referenced in the Draft MND, all study segments are forecasted to operate at an acceptable LOS (D or better) under all assessed conditions, in regard to County roadway segments. See also Responses B-3 and F-4. Therefore, California Environmental Quality Act (CEQA) requirements have been met. H-3 The commenter expresses concern regarding general traffic in the local roadway network and believes that Pepper Tree Road was inaccurately classified in Section XVI, Transportation/Traffic, of the IS per City standards. However, Pepper Tree Road is a County road and therefore is not classified under City standards. Also, please note that -zoning information relates to land use and is not a classification of roadways. Pepper Tree is classified as a Local Public Roadway under the County standards, as noted in Table 17 of the IS. For the purposes of this analysis, the TIA determines whether the proposed project would push the existing LOS over the LOS February 2019 RTC-69 Bonita Glen Project 2019-06-04 Agenda PacketPage 433 of 836 Responses to Comments threshold that the County has established for each roadway analyzed. As a Local Public Roadway, Pepper Tree Road has a capacity of 4,500 trips per day. Implementation of the proposed project with existing traffic would result in a total of 2,640 trips (average daily traffic), com which has an average daily traffic of 2,538. Thus, Pepper Tree Road would remain under capacity and is forecasted to operate at an acceptable LOS (D or better) under all assessed conditions, The TIA does address potential impacts from Vista, noting that 104 of the 170 total dwelling units will access the site via Vista Drive, north of Bonita Glen Road. This segment of Vista Drive, between the Unnamed Cul-de-Sac and Bonita Glen Road, is currently constructed as a non-Mobility Element Local Public Roadway within the County of San Diego. The roadway currently provides access to three single-family dwelling units, which generate 10 trips per day for a total of 30 daily trips on the roadway. The roadway does not connect to any other roadways (other than the Unnamed Cul-de-Sac and Bonita Glen Road); therefore, there is minimal to no cut- through or cumulative traffic on the roadway. The proposed project is anticipated to add 624 additional daily trips to the roadway (104 units × 6 trips per multi-family unit), resulting in a total of 654 total trips along the roadway under proposed project Roadway, which is 4,500 trips per day. Since the segment of Vista Drive between the Unnamed Cul-de-Sac and Bonita Glen Road does not serve any cumulative or cut- through traffic and is projected to operate well below its design capacity with the implementation of the proposed project, the segment is not anticipated to be impacted by the proposed project under any scenario; therefore, no further analysis is required. H-4 The comment indicates that Table 16 of the IS erroneously refers to a portion of Vista Drive as Bonita Glen Drive. The commenter is correct in that Vista Drive extends north past Adrienne Drive. However, although mislabeled in the report, this segment was properly analyzed in the TIA, and this discrepancy does not change the outcome of any significance determination made in the Draft IS or the MND. See also Response F-6. The comment erroneously believes that the IS classifies Adrienne Drive as a Two-Lane Non-Circulation street. That is not the case. Table 16 of the IS classifies Bonita Glen Drive as Two-Lane Non-Circulation Element. Adrienne Drive is included in Table 16 February 2019 RTC-70 Bonita Glen Project 2019-06-04 Agenda PacketPage 434 of 836 Responses to Comments only to identify where the studied segment of Bonita Glen Drive ends. Adrienne Drive was not a roadway required to be further analyzed under the TIA. See also Responses B-3, B-4, and F-4 regarding Adrienne Drive. Lastly, the figure included in the Notice of Intent was to show the project location. The figure identifies Pepper Tree Road in the correct vicinity, even though the parcel map does not specifically show a street. The comment does not raise any specific issue regarding the analysis provided in the Draft MND; therefore, no more specific response can be provided or is required. H-5 proposed project would not result in a significant impact to any study segment or intersection. Further, all study segments are forecasted to operate at an acceptable LOS (D or better) under all assessed conditions, in regard to County roadway segments. The County of San Diego General Plan Mobility Element and City of Chula Vista General Plan Mobility Element classify roadways based on the number of lanes of the roadway. These roadway classifications formed the basis of the TIA, therefore the City has taken the study roadway widths into account. Therefore, current roadway conditions would be sufficient to meet the increased capacity demand resulting from the proposed project. The proposed project would include roadway improvements to the Vista Drive segment between the Unnamed Cul-de-Sac and Bonita Glen Road as project features. H-6 The commenter restates claims already addressed in Responses H-2 and H-3. The roads are correctly classified. See Responses B-3, F-4, and H-4. As such, the comment has been adequately addressed; no further response is necessary. H-7 The commenter expresses concern that the project would need to extend roadways or other infrastructure that is not taken into account in the population and housing section of the MND because of an alleged misidentification of the roadways. That is not the case. The roadways in the IS were correctly classified according to applicable City and County standards, and no road extensions are required as a result of the proposed project. See Responses B-3, F-4, and H-4 on the issue of road classification. As addressed in Response H-4, a portion of Vista Drive was erroneously referred to as Bonita Glen Drive. However, this segment was analyzed in the TIA and this discrepancy does not change the outcome of any significance determination made in the Draft IS or the MND. Therefore, transportation/traffic has been adequately addressed, and roadway improvements would not be required to accommodate the proposed project. As a result, no roadway extensions February 2019 RTC-71 Bonita Glen Project 2019-06-04 Agenda PacketPage 435 of 836 Responses to Comments would be required due to the project, and no change to the conclusions of the population and housing section would be required. Additionally, the commenter restates concerns already addressed in Response H-3 with regard to unanalyzed roadways. As such, the comment has been adequately addressed; no further response is necessary. Finally, the commenter expresses their concern regarding parking insufficiencies resulting from what the comment believes to be inaccuracies regarding road classifications. The roads were accurately classified, and for this and other reasons discussed in Responses A-2, D-1, F-10, F-11, G-5, and G-6 regarding parking, the project would not have a significant impact to parking. H-8 The commenter expresses concerns with potential impacts to intersections in the project vicinity, and specifically the East Flower Street/Bonita Road/E Street intersection and the Interstate 805 Southbound and Northbound On-/Off-Ramps on Bonita Road. The TIA identifies intersections that would be effected by the proposed project, and the intersections of concern were all analyzed. All study intersections, including the East Flower Street/Bonita Road/E Street intersection, are shown to operate at an acceptable LOS during the AM and PM peak hours under all analyzed conditions. Additionally, the roadway segments analyzed at the Interstate 805 On-/Off-Ramps are forecasted to operate at an acceptable LOS under all analyzed conditions. Further, existing intersection and roadway hazards are not subject to CEQA review as long as the proposed project does not exacerbate the issue. Since the proposed project would not result in a significant impact on these intersections and roadways, the CEQA requirements have been met. February 2019 RTC-72 Bonita Glen Project 2019-06-04 Agenda PacketPage 436 of 836 Responses to Comments February 2019 RTC-73 Bonita Glen Project 2019-06-04 Agenda PacketPage 437 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-74 Bonita Glen Project 2019-06-04 Agenda PacketPage 438 of 836 Responses to Comments Response to Comment Letter I Scott Olsen January 14, 2019 I-1 The City of Chula Vista (City) acknowledges the comment and notes that it expresses the opinions of the commenter and does not raise an issue related to the adequacy of any specific section or analysis of the Draft Mitigated Negative Declaration (MND). In addition, note that the proposed Bonita Glen Project (project) is consistent with the Bonita Glen Specific Plan. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary. I-2 As discussed in the Traffic Impact Analysis referenced in the Draft MND, the traffic experts have concluded after analysis based on professional standards that all study segments are forecasted to operate at an acceptable level of service (D or better) under all assessed conditions, on both the City and the County of San Diego roadway segments. Since the proposed project would not result in a significant impact on these roadways and would provide an adequate number of parking spaces on site, the California Environmental Quality Act (CEQA) requirements have been met. For more on traffic see Responses A-1, B-2, B-4, and D-3, among others; for more on parking see Responses A-2, D-1, F-10, F-11, G-5, and G-6. I-3 The commenter expresses their concern regarding parking insufficiencies resulting from implementation of the proposed project. As discussed in Responses A-2, D-1, F- 10, F-11, G-5, and G-6, a technical memorandum was prepared even though not concerns about existing parking along Bonita Glen. The parking memorandum explains that State law requires the proposed project to provide a total of 212 parking spaces (one space/dwelling unit for the six studio and 122 one-bedroom apartments, and two spaces/dwelling unit for the 42 two-bedroom apartments). The proposed project exceeds these legal requirements, providing a total of 231 on-site parking spaces. This allows for a demand of 1.36 spaces per unit, or 1.09 spaces per bedroom. Based on observations performed at other properties within the area, and taking into account the unit mix which at the proposed project is 75% studio and one-bedroom units, the 231 spaces provided by the proposed project would be sufficient to accommodate its parking demand on site. February 2019 RTC-75 Bonita Glen Project 2019-06-04 Agenda PacketPage 439 of 836 Responses to Comments I-4 The City acknowledges the comment and notes that it expresses the opinions of the commenter and does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary. February 2019 RTC-76 Bonita Glen Project 2019-06-04 Agenda PacketPage 440 of 836 Responses to Comments February 2019 RTC-77 Bonita Glen Project 2019-06-04 Agenda PacketPage 441 of 836 Responses to Comments February 2019 RTC-78 Bonita Glen Project 2019-06-04 Agenda PacketPage 442 of 836 Responses to Comments February 2019 RTC-79 Bonita Glen Project 2019-06-04 Agenda PacketPage 443 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-80 Bonita Glen Project 2019-06-04 Agenda PacketPage 444 of 836 Responses to Comments Response to Comment Letter J Susan Wachowiak January 15, 2019 J-1 The commenter believes there is a discrepancy in the roadway classifications, and that Vista Drive should be classified as Residential or Rural Residential instead of their current classification of Local Public Roads. However, the County has classified Pepper Tree Road and Vista Drive as Local Public Roadways with a capacity of 4,500 daily trips. The County General Plan Mobility Element (Chapter 4) does not include a-. As such, no further response can be provided regarding concerns for inconsistencies within the County General Plan Mobility Element. Any change of road classification would need to be processed through the County and is separate from the proposed Bonita Glen Project (project). The Initial Study (IS), Draft Mitigated Negative Declaration (MND) and Traffic Impact Analysis (TIA) must use current classifications for their analysis. J-2 Adrienne Road is the IS accurately classifies a segment of Bonita Glen Drive that begins at Adrienne Drive as Two-Lane Non-Circulation Element. The commenter may have misinterpreted Table 16 as identifying Adrienne Drive as this classification. Adrienne Drive was included in Table 16 to identify where the studied segment of Bonita Glen Drive ends. Adrienne Drive was not a roadway required to be analyzed under the TIA. The County Traffic Impact Guidelines require a proposed project to analyze the traffic impact to a given roadway if the proposed project is projected to add 25 or more peak hour trips to the roadway. The TIA found that the proposed project would not add enough trips to Adrienne Drive to require traffic impact analysis on this roadway. See also Responses B-3, F-4 and H- references to road classifications. The comment does not raise any specific issue regarding the analysis provided in the Draft MND; therefore, no more specific response can be provided or is required. J-3 Please refer to Response J-1. The IS, MND, and TIA used the correct road classifications. The roads are currently under capacity and have adequate capacity to handle the anticipated project traffic. February 2019 RTC-81 Bonita Glen Project 2019-06-04 Agenda PacketPage 445 of 836 Responses to Comments J-4 Please refer to Response J-1. The IS and MND used the correct road classifications. J-5 This comment is a copy of Comment Letter H. As such, this comment has been adequately addressed under Response to Comment Letter H; no further response is necessary. February 2019 RTC-82 Bonita Glen Project 2019-06-04 Agenda PacketPage 446 of 836 Responses to Comments February 2019 RTC-83 Bonita Glen Project 2019-06-04 Agenda PacketPage 447 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-84 Bonita Glen Project 2019-06-04 Agenda PacketPage 448 of 836 Responses to Comments Response to Comment Letter K Kevin Malone January 15, 2019 K-1 The commenter raises concerns about the increase in water usage as a result of the proposed Bonita Glen Project (project). As discussed in Section XVII, Utilities and Service Systems, of the Initial Study, the proposed project would be serviced by the Sweetwater Authority. According to Sweetwater Authority records, water levels in production wells near National City have remained stable since about 1950. In addition, the Sweetwater Valley Groundwater Basin has not been identified in the California Department of Water Resources Bulletin 118 as in overdraft condition (Sweetwater Authority 2018). Sweetwater Authority receives a portion of its water from the Metropolitan Water District, whose supplies consist of Colorado River and State Water Project water from the Sacramento- San Joaquin Bay Delta. The Sweetwater Authority purchases approximately 21% of ries. The Sweetwater Authority has 20 storage tanks that represent approximately 43.5 million gallons of treated water throughout its system, including a major buried reservoir with a capacity of 18 million gallons. The system has 23 pumping stations, with a total pumping capacity of approximately 36,000 gallons per minute from all distribution pumping sources. According to the Sweetwater reach a potable water demand of 6,773 acre-feet per year for multi-family uses in 2020 (Sweetwater Authority 2016). The Sweetwater Authority has potable water available to meet that demand. The projected water demands are based on an assumed average water demand of 105 gallons per capita per day from 2020 to 2040, which is slightly higher than its current level (91 gallons per capita per day). The proposed 170 residential units, which are estimated to house up to 486 residents, would generate an insignificant portion of this demand for potable water of 57 acre-feet per year, which is equivalent to 0.84% of the total potable water demand for the Sweetwater Authority. The landscaped areas would not consist of water-intensive plant species, and anticipated water demand would remain less than 1% of the total demand for the Sweetwater Authority. As a result, impacts would be less than significant. February 2019 RTC-85 Bonita Glen Project 2019-06-04 Agenda PacketPage 449 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-86 Bonita Glen Project 2019-06-04 Agenda PacketPage 450 of 836 Responses to Comments February 2019 RTC-87 Bonita Glen Project 2019-06-04 Agenda PacketPage 451 of 836 Responses to Comments February 2019 RTC-88 Bonita Glen Project 2019-06-04 Agenda PacketPage 452 of 836 Responses to Comments February 2019 RTC-89 Bonita Glen Project 2019-06-04 Agenda PacketPage 453 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-90 Bonita Glen Project 2019-06-04 Agenda PacketPage 454 of 836 Responses to Comments Response to Comment Letter L John Salts January 15, 2019 L-1The commenter expresses concerns with traffic and parking in the proposed Bonita Glen Project (project) vicinity. As discussed in the Initial Study (IS) and the Traffic Impact Analysis (TIA) referenced in the Draft Mitigated Negative Declaration (MND), all study segments are forecasted to operate at an acceptable level of service (LOS) (LOS D or better) under all assessed conditions, in regard to County of San Diego roadway segments. Since the proposed project would not result in a significant impact on these roadways and would provide an adequate number of parking spaces on site, the MND concluded based on expert review and analysis that there would be no significant impacts to either traffic or parking. For more on traffic, see Responses A-1, B-2, B-4, and D-3. For more on parking see Responses A-2, D-1, F10, F-11, G-5 and G-6. The traffic and parking issues has been adequately addressed in the IS, MND and technical studies and memoranda. The City of Chula Vista (City) is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. L-2Please refer to Responses A-1, B-2, B-4, D-3 and L-1 regarding concerns about traffic along the Bonita Glen/Vista Way/Pepper Tree Drive corridor. L-3The City acknowledges the comment and notes that it raises economic, social, or political issues that do not appear to relate to any physical effect on the environment. The City also notes that the Bonita Glen Specific Plan, which has been in place for decades, assumes development would result in more traffic than would be generated by the project proposed. See Responses A-1, B-2, B-4 and D-3 regarding traffic, and the fact that the project would not have any significant impact on traffic in the area. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. Additionally, the commenter restates issues addressed in Response L-1, so please refer to that Response as well. L-4Soil sample results were included in the Geotechnical Report referenced in the IS. The Geotechnical Report stated that the project site is covered by a thin veneer of fill below which lies naturally occurring dense/stiff sands and clays. The subsurface soil units are February 2019 RTC-91 Bonita Glen Project 2019-06-04 Agenda PacketPage 455 of 836 Responses to Comments composed of alluvium underlain by silty and sandy soils of the Very Old Paralic Formation. The report concluded that the site is suitable for development of the planned structure on shallow foundations, provided that the geotechnical recommendations are followed. The comment refers to the area of soil that has been designated as critical coarse sediment yield area (CCYSA). To maintain sediment flows, a certain quota of land in the CCYSA must be preserved, as determined through hydraulic modeling. When neighbors asked for a sidewalk and street lights along Bonita Glen Drive, the developer had a hydrologist determine if those improvements could be provided without falling below the required threshold of CCYSA land. The hydrologist determined that the CCYSA could be reduced by the area needed for the sidewalk and street lights without going beneath the threshold. The developer then volunteered to L-5Please refer to Responses A-2, D-1, F-10, F-11, G-5, G-6, and L-1 regarding parking. L-6Please refer to Responses A-2, D-1, F-10, F-11, G-5, G-6, and L-1 regarding general parking and roadway concerns. The parking memorandum explains that State law requires the proposed project to provide a total of 212 parking spaces (one space/dwelling unit for the six studio and 122 one-bedroom apartments, and two spaces/dwelling unit for the 42 two-bedroom apartments). The proposed project exceeds these legal requirements, providing a total of 231 on-site parking spaces. This allows for a demand of 1.36 spaces per unit, or 1.09 spaces per bedroom. Based on observations performed at other properties within the area, and taking into account the unit mix which at the proposed project is 75% studio and one-bedroom units, the 231 spaces provided by the proposed project would be sufficient to accommodate its parking demand on site. The public is allowed to park on the public roadway, and that is unrelated to the project. The project does not have any significant impact to the roadway from either traffic or parking. Existing roadway hazards are not subject to California Environmental Quality Act (CEQA) review as long as the proposed project does not exacerbate the issue. Since the proposed project would not result in a significant impact on these roadways, the CEQA requirements have been met. L-7Please refer to Responses A-2, D-1, F-10, F-11, G-5, G-6 and L-1 regarding parking. L-8The commenter expresses concerns with potential impacts to the East Flower Street/ Bonita Road/E Street intersection. As discussed in the IS and the TIA, all study intersections, including the East Flower Street/Bonita Road/E Street intersection, were February 2019 RTC-92 Bonita Glen Project 2019-06-04 Agenda PacketPage 456 of 836 Responses to Comments studied and found based on expert analysis using generally accepted industry standards to operate at an acceptable LOS during the AM and PM peak hours under all analyzed conditions, without the need for widening. L-9The commenter expresses concerns with potential impacts to the roadway segments from the East Flower Street/Bonita Road/E Street intersection to the Interstate 805 Southbound and Northbound On-/Off-Ramps on Bonita Road. As discussed in the IS and the TIA, all study roadways, including those mentioned above, were found based on study using generally accepted industry standards to operate at an acceptable LOS under all analyzed conditions. The proposed project would not result in a significant impact on these intersections and roadways. See also Response D-3 regarding Interstate 805 ramps. L-10The comment expresses concerns with potential impacts along and to Pepper Tree Road, based on an assumption that the project will generate traffic that will have significant impacts to the intersection at Bonita Glen and E Street. The TIA demonstrates that the project would not have a significant impact on the Bonita Glen/E Street intersection, so would not cause vehicles to find alternate routes. To the extent there would be vehicles on Pepper Tree Road, Pepper Tree Road was included as a study roadway in the TIA. As mentioned, all study roadways, including Pepper Tree Road, were found to operate at an acceptable LOS under all analyzed conditions. See generally Responses A-1, B-1, B-4, B-5, D-3 and L-1 regarding traffic. L-11The City acknowledges the comment as closing remarks to the comments that precede. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary because the comment does not raise an environmental issue. L-12Please refer to Response L-1. February 2019 RTC-93 Bonita Glen Project 2019-06-04 Agenda PacketPage 457 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-94 Bonita Glen Project 2019-06-04 Agenda PacketPage 458 of 836 Responses to Comments February 2019 RTC-95 Bonita Glen Project 2019-06-04 Agenda PacketPage 459 of 836 Responses to Comments February 2019 RTC-96 Bonita Glen Project 2019-06-04 Agenda PacketPage 460 of 836 Responses to Comments Response to Comment Letter M Hector Vanegas January 15, 2019 M-1 The City of Chula Vista (City) acknowledges the comment and notes that it expresses the opinions of the commenter and does not raise an issue related to the adequacy of any specific section or analysis of the Draft Mitigated Negative Declaration (MND). The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed Bonita Glen Project (project). No further response is required or necessary. M-2 The commenter expresses concern about a change in land use. However, the project would not involve a rezone or change in land use, since the Bonita Glen Specific Plan allows multi-family residential use on this site, and no rezoning or re-designation of the land is required as part of the proposed project. See also Response C-2. In addition, the comment expresses concern about whether heavy-duty emergency vehicles could access the site, because the commenter believes Bonita Glen Drive is narrow and congested. The Traffic Impact Analysis (TIA) prepared for the project by a traffic engineer using well-established County of San Diego (County) and City criteria and professional standards concluded that the proposed project would not have a significant impact on traffic, and the technical memorandum on parking found that there would be no parking impact resulting from the project. See also Responses A-1, B-2, B-4, and D-3 regarding traffic, and A-2, D-1, F-10, F-11, G-5, and G-6, among others, regarding parking. Also, as discussed in Section XIV, Public Services, of the Initial Study (IS), the project site would be served by the Chula Vista Fire Department, which has nine fire stations and approximately 39 personnel, with approval for an additional 12 firefighters (City of Chula Vista 2017). The project site is within the service area of Fire Station 2, located at 80 East J Street, approximately 1 mile south of the project site. The proposed project would redevelop an underutilized site that has been long- planned for development with even more intensity than is proposed under the project. Additionally, the proposed project would require payment of development impact fees at the time of building permit issuance. The proposed project would not create additional congestion on the roadway, and would not adversely affect existing levels of fire protection services or create a significant new demand, and would not require the construction of a new or expansion of an existing facility. The project would not February 2019 RTC-97 Bonita Glen Project 2019-06-04 Agenda PacketPage 461 of 836 Responses to Comments impede access of heavy-duty emergency vehicles to the area. Therefore, impacts associated with fire protection would be less than significant. M-3 See Responses A-2, D-1, F-10, F-11, G-5, G-6, and L-1 regarding parking. M-4 The intersections of Bonita Road and the Interstate 805 On-/Off-Ramps were evaluated as study intersections in the TIA, including existing conditions regarding the proximity to an on and off ramp on Interstate 805 and the existing traffic signal system. As discussed in the IS and the TIA, all study intersections are expected to operate at an acceptable level of service (LOS) during the AM and PM peak hours under all analyzed conditions. See also Responses D-3 and L-8. M-5 Please refer to Response M-4 regarding evaluation of Interstate 805 On-/Off-Ramps. M-6 River. Biological and hydrological resources were analyzed in the IS. As discussed in Section IV, Biological Resources, of the IS, the proposed project site is located within the Development Area of the City Planning Component as identified in the Subarea Plan (City of Chula Vista 2003). While the project site is close to the Sweetwater River, the project site is not a strategic preserve area within the City nor is it located within a dense development since the 1970s. Furthermore, as discussed in Section IX, Hydrology and Water Quality, of the IS, runoff from the site would be conveyed via the internal on-site storm drain toward the southern boundary of the proposed project site. The proposed project footprint would result in an approximately 47% impervious area. In order to mitigate the impervious area, the proposed project would include three biofiltration basins that are projected to treat 84% of the runoff. Stormwater quality measures required by the Chula Vista Municipal Code would be implemented during construction phases of the proposed project. As such, the proposed project would not result in an increase in pollutant discharges to receiving waters. M-7 The commenter expresses concern with the population increase that would stem from implementation of the proposed project. As discussed in Section XIII, Population and Housing, of the IS, the proposed project would directly induce population growth to the area through the development of February 2019 RTC-98 Bonita Glen Project 2019-06-04 Agenda PacketPage 462 of 836 Responses to Comments Element identifies the need to maintain an inventory of both vacant and redevelopable land in order to achieve its regional share goal as allocated in the Regional Housing Needs Statement issued by the San Diego Association of Governments (SANDAG). As discussed in the Chula Vista Housing Element, between 2000 and 2010 the City experienced a 40% increase in population. The number of households is growing nearly as fast as the population, with a 31% increase in the number of households from 2000 to 2010. The U.S. Census Bureau reports 79,416 housing units in the City in 2010, an increase of 25% from 2000. Of the 79,416 housing units in the City, 2010 U.S. Census data shows 4.9% were vacant in 2010, and of the total vacant units, 39% were for rent. The Regional Housing Needs Assessment prepared by SANDAG for the years 20102020 identified Chula f 12,861 more homes in this time span. While the 2013 Housing Element site inventory for housing indicated that there was an overall inventory planned and zoned for residential use, implementation of the proposed project would assist the City in reaching their regional housing goal, in combination with the identified housing inventory. Furthermore, as the project site is currently underutilized as vacant land and is in conformance with the Bonita Glen Specific Plan, the proposed project would aid the City in meeting its housing needs for future and planned growth. Thus, impacts associated with population growth inducement would be less than significant. M-8 The commenter expresses concern with the potential impacts to traffic conditions on E Street and nearby arteries. E Street was not a roadway required to be analyzed under the TIA, because the project would not generate enough traffic on that roadway to trigger a need for analysis. The County Traffic Impact Guidelines require a proposed project to analyze the traffic impact to a given roadway if the proposed project is projected to add 25 or more peak hour trips to the roadway. The TIA concluded that the proposed project would add fewer than 25 peak hour trips to E Street and thus did not require a traffic impact analysis on E Street. With regard to other roadways in the project vicinity, all study segments are forecasted to operate at an acceptable LOS (D or better) under all assessed conditions, in regard to County roadway segments. Since the proposed project would not result in a significant impact on roadways and would provide an adequate number of parking spaces on site, California Environmental Quality Act requirements have been met with regard to traffic/transportation. See also Responses A-1, B-2, B-4, and D-3 regarding traffic. February 2019 RTC-99 Bonita Glen Project 2019-06-04 Agenda PacketPage 463 of 836 Responses to Comments M-9 The commenter expresses concern with the hydrology and flood conditions on the project site. As discussed in Section IX, Hydrology and Water Quality, of the IS, the northwestern portion of the site contains areas in either a special flood hazard area titled Zone AE, or in other areas of flood hazards, with 0.2% annual chance flood hazard, according to the Federal Emergency Management Agency Flood Map 06073C1914G. Zone AE areas have a 1% probability of flooding every year, which is also known as - area is determined to have a 100-year peak flow rate of 51 cubic feet per second (REC Consultants 2018). Based on the calculations contained in the Hydrologic and Hydraulic Analysis Technical Memo, under proposed project conditions, the 10-year storm stays within the boundaries of the stream and a 5-foot buffer on either side (REC Consultants 2018). Based on the calculations contained in the Preliminary Geotechnical Investigation and Infiltration Study, it is anticipated that the proposed project would result in an increase in peak flow for the 50-year and 100-year storm frequencies. This volume would be detained through surface ponding and rock storage layers located in the proposed biofiltration basins. To minimize the increase in 100-year flood flows within the existing ephemeral stream, the stream banks would be graded up to create a larger open channel capable of handling the required flows. Increasing the stream banks would attenuate these peak flows below the existing condition amounts and would also offset the increase by detaining runoff to acceptable amounts. Additionally, the downstream existing 33-inch reinforced-concrete pipe public storm drain would be able to handle the mitigated 100-year flowrate of 55.11 cubic feet per second. Thus, impacts with regard to flood hazards would be less than significant. M-10 The commenter claims that the technical studies referenced in the Draft MND and the IS were not provided to the public. The technical studies were in fact included with the Draft MND and the IS in hardcopy format at the City of Chula Vista during the full 30- day public review period. The technical studies were also digitally available upon request. As such, the public had access to all technical studies referenced in the Draft MND and the IS during the public review period. M-11 The commenter expresses concern for the historic preservation of the area. As discussed in Section V, Cultural Resources, of the IS, the project site is currently vacant with no structures present on the property. The site has been previously graded and February 2019 RTC-100 Bonita Glen Project 2019-06-04 Agenda PacketPage 464 of 836 Responses to Comments disturbed. No impact to historical resources would occur. In addition, the Bonita Glen Specific Plan has planned for dense development of the property for decades. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. M-12 Please refer to Response M-7 regarding regional housing. The City acknowledges the comment and notes that it expresses the opinions of the commenter and does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required because the comment does not raise an environmental issue. M-13 Please refer to Response M-7 regarding the need for regional housing and Responses C-2 and M-2 regarding the fact that no change in zoning is required for the project. M-14 The City acknowledges the comment as closing remarks to the comments that precede. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary because the comment does not raise an environmental issue. February 2019 RTC-101 Bonita Glen Project 2019-06-04 Agenda PacketPage 465 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-102 Bonita Glen Project 2019-06-04 Agenda PacketPage 466 of 836 Responses to Comments February 2019 RTC-103 Bonita Glen Project 2019-06-04 Agenda PacketPage 467 of 836 Responses to Comments February 2019 RTC-104 Bonita Glen Project 2019-06-04 Agenda PacketPage 468 of 836 Responses to Comments February 2019 RTC-105 Bonita Glen Project 2019-06-04 Agenda PacketPage 469 of 836 Responses to Comments February 2019 RTC-106 Bonita Glen Project 2019-06-04 Agenda PacketPage 470 of 836 Responses to Comments February 2019 RTC-107 Bonita Glen Project 2019-06-04 Agenda PacketPage 471 of 836 Responses to Comments February 2019 RTC-108 Bonita Glen Project 2019-06-04 Agenda PacketPage 472 of 836 Responses to Comments February 2019 RTC-109 Bonita Glen Project 2019-06-04 Agenda PacketPage 473 of 836 Responses to Comments February 2019 RTC-110 Bonita Glen Project 2019-06-04 Agenda PacketPage 474 of 836 Responses to Comments February 2019 RTC-111 Bonita Glen Project 2019-06-04 Agenda PacketPage 475 of 836 Responses to Comments February 2019 RTC-112 Bonita Glen Project 2019-06-04 Agenda PacketPage 476 of 836 Responses to Comments February 2019 RTC-113 Bonita Glen Project 2019-06-04 Agenda PacketPage 477 of 836 Responses to Comments February 2019 RTC-114 Bonita Glen Project 2019-06-04 Agenda PacketPage 478 of 836 Responses to Comments February 2019 RTC-115 Bonita Glen Project 2019-06-04 Agenda PacketPage 479 of 836 Responses to Comments February 2019 RTC-116 Bonita Glen Project 2019-06-04 Agenda PacketPage 480 of 836 Responses to Comments February 2019 RTC-117 Bonita Glen Project 2019-06-04 Agenda PacketPage 481 of 836 Responses to Comments February 2019 RTC-118 Bonita Glen Project 2019-06-04 Agenda PacketPage 482 of 836 Responses to Comments February 2019 RTC-119 Bonita Glen Project 2019-06-04 Agenda PacketPage 483 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-120 Bonita Glen Project 2019-06-04 Agenda PacketPage 484 of 836 Responses to Comments Response to Comment Letter N Nicholas Whipps Wittwer Parkin LLP on behalf of Southwest Regional Council of Carpenters January 15, 2019 N-1 The City of Chula Vista (City) acknowledges the comment as an introduction to comments that follow. This comment is included in the Final Mitigated Negative Declaration (MND) for review and consideration by the decision makers prior to a final decision on the proposed Bonita Glen Project (project). No further response is required or necessary because the comment does not raise an environmental issue. N-2 The City acknowledges the comment as an introduction to comments that follow. This comment is included in the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary because the comment does not raise an environmental issue. N-3 The City notes that the comment provides factual background information and does not raise an environmental issue within the meaning of the California Environmental Quality Act (CEQA). The City will include the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required because the comment does not raise an environmental issue. N-4 The commenter claims the MND does not describe any discretionary approvals the proposed project will require. The required contents for an MND are set forth in State CEQA Guidelines Section 15071, and do not include a requirement to provide a list of discretionary approvals. However, as noted on the Notice of Intent to Adopt Proposed Mitigated Negative Declaration IS18-0001, the proposed project is a permitted use by the Bonita Glen Specific Plan and may be approved through processing a Design Review Permit subject to review and approval by the Planning Commission of the City of Chula Vista. In addition, the project would receive approvals from the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, and the Regional Water Quality Control Board. N-5 The MND sufficiently describes the baseline conditions for the project site. As discussed in Section I, Aesthetics, of the Initial Study (IS), there are no scenic vistas February 2019 RTC-121 Bonita Glen Project 2019-06-04 Agenda PacketPage 485 of 836 Responses to Comments on the project site. The proposed project site, long-planned for development, is characterized as substantially disturbed, undeveloped, and bifurcated by an existing natural stream. The site was previously graded, therefore it is relatively flat, with overall gradual sloping east to west. Elevations range from approximately 45 feet above mean sea level in the northwestern portion, up to approximately 91 feet above mean sea level in the southern portion of the site. There is a concrete brow ditch in the northern portion of the property that appears to be associated with the parking lot of the La Quinta Inn located immediately north of the site. Trash and litter have been observed throughout the site, during field surveys, along with several large pieces/piles of broken concrete debris in the western portion of the site. No structures exist on the property other than two corrugated-steel-pipe culverts associated with an ephemeral drainage. Regarding the comme- related aesthetic impacts, please refer to Response N-6, below. N-6 As stated in Section I, Aesthetics, of the IS, the height limit applied to the project site is 38 feet beyond 100 feet from Vista Drive, and 30 feet within 100 feet of Vista Drive. Because a portion of the proposed project would exceed the current maximum permitted height of 30 feet within 100 feet of Vista Drive, a waiver of development standards would be obtained through the State Density Bonus Law to allow for additional height. As the MND appropriately found, there are no aesthetic impacts that would arise from the additional height proposed. In addition, the Bonita Glen Specific Plan (Specific Plan) anticipates that changes and refinements to its standards, regulations, and conceptual plan will be proposed by the project developer, and specifically intends that its standards not be inflexible. The Specific Plan also states that, he Planning Commission, upon the recommendation of the Zoning Administrator, may adjust said standards and regulations upon finding that said adjustment will not adversely affect the nature, character, design, order, amenity, or intent of the proposed project or Specific Plan. Regarding the assertion t development on currently undeveloped land, any development on currently undeveloped land changes the baseline aesthetics of a site; a change from an undeveloped property to developed property does not in and of itself create a significant aesthetic impact. The development must substantially damage scenic resources, degrade the existing visual character of the site, or create a new source of substantial February 2019 RTC-122 Bonita Glen Project 2019-06-04 Agenda PacketPage 486 of 836 Responses to Comments light or glare. Change in the status quo is most related to what was analyzed in Section I(c). As stated in the IS, the proposed structure would be similar in scale and height to the existing surrounding developments. Exterior finishes would generally use earth- tones colors, which would not substantially contrast with the surround visual character. All buildings would be setback 25 feet from Bonita Glen Drive and 100 feet along the eastern boundary of the site from Vista Drive. Lighting fixtures would be shielded downward and away from adjacent residential land uses. The proposed project would not include large walls or expanses of glass or other highly reflective materials. As such, impacts related to visual character/aesthetics would be less than significant. Lastly, the proposed project site is not designated as a scenic overlay identified in the General Plan, and Vista Drive has no scenic designation. Please refer to Response N-7 regarding the visual quality under proposed conditions in comparison to the existing conditions. N-7 As stated in the IS, the significance criteria used to identify visual impacts under stated in Response N-5, the project sitelong planned for developmentis characterized as previously graded, substantially disturbed, undeveloped, and bifurcated by an existing natural stream. Trash and litter have been observed throughout the site, during field surveys, along with several large pieces/piles of broken concrete debris in the western portion of the site. The referenced surveys include the biological surveys conducted by Dudek biologists on April 22, 2016, and April 21, 2017. The project site is not within any scenic overlays by the City, nor identified to have scenic developed according to the Specific Plan as a two-story mixed-use complex with parking surrounding the building. As discussed in Section I of the IS, the proposed project would result in six three-story garden-style buildings and one four-story, podium-style building. The proposed project design would allow for development of wood-framed residential units (Type V-A) atop a reinforced concrete podium (Type 1-A). The proposed building façades would consist of vinyl frame windows, fabric awnings on painted metal frames, sand finish stucco, and French doors at all unit entries. Balconies would have a metal guardrail with a -finished metal siding and cement fiber horizontal siding, French doors, and fabric awnings over balconies with composite February 2019 RTC-123 Bonita Glen Project 2019-06-04 Agenda PacketPage 487 of 836 Responses to Comments railings (see Figures 6a, Buildings 16 Elevations, and 6b, Building 7 Elevations, in the IS). The proposed structure would be similar in scale and height to the existing surrounding developments. Exterior finishes would generally use earth-tone colors, which would not substantially contrast with the surround visual character. All buildings would be set back 25 feet from Bonita Glen Drive and 100 feet along the eastern boundary of the site from Vista Drive. There will be a 10-foot interior side yard setback along the north boundary of the site, where the project boundary abuts the La Quinta Hotel to the north. The proposed project shall be reviewed for consistency with the City of Chula Vista Design Guidelines and findings shall be made by the City Planning Commission with regard to consistency with City Design Guidelines. Conformance untrue, as new trees and other landscaping would be planted around the proposed structures to provide visual relief and softening. The proposed landscape, architectural design, and building scale would be consistent with the existing visual character of the site and surrounding area. As such, the proposed project would not substantially degrade the existing visual character or quality of the site and its surroundings. The nonetheless to note that the property already has been graded, and its development and grading have been analyzed and anticipated since the adoption of the Environmental Impact Report and Specific Plan in 1977. In sum, CEQA requirements have been baseline project conditions and project impacts, and no further response is necessary. N-8 As stated in the Project Description of the MND, construction would be temporary, lasting approximately 19 months, with construction equipment being used five days a week for no more than eight hours a day. As the MND explains, temporary construction changes would not rise to the level of a change that would substantially degrade the existing visual character. As discussed in Section I of the IS, construction of the proposed project would introduce the potential use of heavy machinery, such as large trucks, cranes, bulldozers, and other equipment needed for grading and construction activities. The presence of this equipment and the grading and construction activities associated with the proposed project would alter the visual character and quality of the site during construction, and would be visible from surrounding areas, but would not February 2019 RTC-124 Bonita Glen Project 2019-06-04 Agenda PacketPage 488 of 836 Responses to Comments project. The Tier III, non-native grasslands that will be graded, as has been anticipated since adoption of the Specific Plan and its certified Environmental Impact Report in 1977, will be fully mitigated. Impacts to existing visual character resulting from construction activities would not be considered substantial due to the relatively short- term and temporary nature of construction. Therefore, the focus of this analysis pertains to the long-term permanent physical changes anticipated to occur as a result of implementation of the proposed project. The City regulations referred to in the comment and the IS refers to the City Municipal Code Title 15 Building and Construction, which requires land development activities to install fencing or barricades where necessary to eliminate any hazards to the public. Consistent with City standards, a construction fence would be installed during construction activities, which would create a visual buffer from the construction activities. The fence itself will be installed only temporarily, during construction, and there are no significant impacts associated with temporary use of a construction fence used to shield views that otherwise would be of an active construction site. As such, CEQA requirements have been adequately addressed, and no further response is necessary. N-9 As stated in Section I of the IS, and as discussed in Response N-7, the proposed residential development would be visually consistent with surrounding land uses, as the surrounding area is nearly completely built out with residential communities, commercial land uses, and roadway infrastructure. As such, operational activities would have a less-than-significant impact on visual resources. The CEQA requirements for the aesthetics analysis have been met. N-10 The comment reiterates previous comments and does not raise new or additional environmental issues concerning the adequacy of the Draft MND. As discussed above, potential for impacts to aesthetics consistent with CEQA. For that reason, the City provides no further response to this comment. N-11 As discussed in the MND, Dudek prepared an Air Quality and Greenhouse Gas Technical Report (AQ/GHG Report) that identified air pollution as a largely cumulative impact. In analyzing cumulative impacts from a project, the analysis must specifically the San Diego Air Basin is designated as nonattainment. As stated in the AQ/GHG Report for the Bonita Glen Project, if the project does not exceed thresholds and is determined to have less-than-significant project-specific impacts, it may still contribute February 2019 RTC-125 Bonita Glen Project 2019-06-04 Agenda PacketPage 489 of 836 Responses to Comments to a significant cumulative impact on air quality if the emissions from the project, in combination with the emissions from other proposed or reasonably foreseeable future projects, are in excess of established thresholds. However, a project would only be considered to have a significant cumulative impact if the project accounts for a significant proportion of the cumulative total emissions (i.e., it represents proposed project would have a less-than-significant impact for short-term construction and long-term operations. As previously discussed, the project would not exceed significance thresholds during construction or operation. Additionally, the project would be consistent with the existing zoning and land use designation and the Specific Plan for the site, would help the City meet its housing goals including for low-income housing, and would not result in significant regional growth that is not accounted for Element reiterates the -income housing, and this project will simply help avoid an even larger housing crisis. This project would still leave the City 637 homes short of the number of homes projected to be built in 2019 alone by the San Diego Association of Governments (SANDAG). The comment provides no evidence proposed project would not result in a cumulatively considerable contribution to regional ozone concentrations or other criteria pollutant emissions. Cumulative impacts would be less than significant during operation. Cumulative air quality impacts have been accurately analyzed and portrayed in the MND. As a result, the project would not result in a cumulatively considerable contribution to regional O concentrations or other 3 criteria pollutant emissions. N-12 Please refer to Response N-11. As noted there, the method of analysis used in the AQ/GHG Report took into considera-attainment status for certain pollutants and considered not only project emissions but cumulative emissions as well. As explained in the MND and the AQ/GHG Report, the Regional Air Quality Strategy states that where a project, such as growth projects for the City, it does not conflict with the Regional Air Quality Strategy, a strategy that takes into account cumulative projects, and is also consistent with the State Implementation Plan. N-13 The air quality mitigation measures included in the MND were identified in the AQ/GHG Report referenced in the MND. As stated in the AQ/GHG Report, the closest February 2019 RTC-126 Bonita Glen Project 2019-06-04 Agenda PacketPage 490 of 836 Responses to Comments sensitive receptors to the proposed project are residences adjacent to the western and eastern property boundaries. The Technical Study and MND studied and discussed whether or not there were any significant impacts of the proposed project on the environment, finding that there were not. Because the project does not have any potentially significant air quality impacts on the environment, no mitigation measures were required. The proposed project would, however, introduce new on-site sensitive receptors to the area. Construction activities would not generate emissions in excess of -specific mass daily thresholds; therefore, site-specific construction impacts during construction of the proposed project would be less than significant. In addition, diesel equipment would also be subject to the California Air Resources Board Airborne Toxic Control Measures for in-use off-road diesel fleets, which would minimize diesel particulate matter emissions. Therefore, the exposure of proximate sensitive receptors to project-generated toxic air contaminant emissions and associated health risk impacts would be less than significant. Health impacts associated with exposure to nitrogen dioxide and oxides of nitrogen include respiratory irritation, which may be experienced by nearby receptors during the periods of heaviest use of off-road construction equipment. However, these operations would be relatively short term. Additionally, off-road construction equipment would operate at various locations on site and would not be concentrated in one portion of the site at any one time. Construction of the proposed project would not require any stationary emission sources that would create substantial, localized impacts associated with oxides of nitrogen. Therefore, health impacts would be less than significant. The measures directed at reducing potential impacts of the project on future residents were required to be consistent with San Diego Air Pollution Control District (SDAPCD) guidance. In accordance with that guidance, mitigation measures were evaluated to identify ways to ensure that residents of the proposed project would not be exposed to health risks that exceed SDAPCD significance thresholds, and to ensure that impacts related to community risk and hazards from placement of sensitive receptors proximate to major sources of air pollution would be less than significant. Moreover, the purpose of the mitigation included in the MND is to reduce the significant impacts associated with cancer risk levels below the SDAPCD thresholds. As such, the air quality analysis included in the IS and technical report referenced in the IS addresses impacts to both on- and off- supported by the evidence in the record, including that found in the AQ/GHG Report. February 2019 RTC-127 Bonita Glen Project 2019-06-04 Agenda PacketPage 491 of 836 Responses to Comments N-14 As stated in the biological technical report referenced in the IS, Dudek biologists conducted biological surveys on April 22, 2016, and a second time on April 21, 2017. Surveys were done during the appropriate flowering season for special-status species. Any potentially sensitive biological resources were identified and mapped directly in the field. Only one vegetation community was identified within the project site: non- native grassland, which is considered a sensitive vegetation community; impacts to this community require mitigation, which is addressed in MM-BIO-1 in the IS. As such, the comment has been addressed, and no further response is required. N-15 The comment refers to images of the proposed project and claims the project will alter Hydrology and Water Quality, of the IS. As stated in Section IX, in developed conditions, the existing ephemeral stream would remain in a natural state with graded embankments to the east and west of the delineated existing ephemeral stream. The proposed project does not re-route the stream itself, but only proposes to reroute the existing man-made drainage system so that it flows into treatable areas, biofiltration basins, and outlet through an existing storm drain on the western side of the project site, along Bonita Glen Drive. Proposed biofiltration basins would collect runoff from the undeveloped areas connecting to the proposed storm drain system (downstream of the basin). There would be no proposed hydromodification due to runoff discharging at the Sweetwater River through existing conveyances (Latitude 33 Planning and Engineering 2018b). Additionally, increasing the stream banks would attenuate these peak flows below the existing condition amounts, and would also offset the increase by detaining runoff to acceptable amounts. This is discussed in the MND and in the IS. N-16 MM-CUL-2 states that a paleontological monitor shall be on site at all times during the original cutting of previously undisturbed sediments of highly sensitive geologic formations (i.e., San Diego Formation) to inspect cuts for contained fossils. Then in the following sentences, MM-CUL-2 states the monitor shall be on site on at least a half- time basis during the original cutting of previously undisturbed sediments of moderately sensitive geologic formations (e.g., Lindavista Formation) to inspect cuts for contained fossils. Therefore, depending on the sensitivity of the geologic formation, the paleontological monitor shall be on site for either a half-time or full-time basis for original cutting. Revisions to this mitigation measure are not necessary as this comment was taken out of context. February 2019 RTC-128 Bonita Glen Project 2019-06-04 Agenda PacketPage 492 of 836 Responses to Comments N-17 Climate Action Plan (CAP) to determine that quantitative greenhouse gas emissions are less than significant. As stated in the IS, Dudek prepared an AQ/GHG Report for the proposed project in July 2018. As the AQ/GHG Report explains: To develop an efficiency threshold that would satisfy the requirements of Center for Biological Diversity vs. California Department of Fish and Wildlife and EO B- 30- against a threshold based on local emission reduction goals and local population 1990 GHG emissions of 847,166 MT COE by the 1990 SP gives an efficiency 2 metric of 3.60 MT CO 2 able 16, the calculated Project achieves the 2021 efficiency metric, it would not interfere with attainment of the 2030 and 2050 statewide emission reduction targets, and therefore not -term and long- As such, the proposed project used an efficiency metric as the threshold of significance, which considers the mid-term and long- action plan. While the CAP is applicable and up-to-date, the City does not exclusively rely antitative GHG emissions, but rather also developed the efficiency metric. The efficiency metric is a valid threshold under CEQA. N-18 The commenter claims that the technical studies referenced in the MND and IS were never made available for public review. That is not accurate. The technical studies were in fact included with the MND and IS in hard copy form at the City of Chula Vista during the full 30-day public review period, available upon request both in hard copy and digitally. As such, the public had access to all technical studies referenced in the MND and IS during the public review period. See also Response M-10. February 2019 RTC-129 Bonita Glen Project 2019-06-04 Agenda PacketPage 493 of 836 Responses to Comments N-19 Refer to Response N-17 regarding the validity of thresholds used in the IS, and refer to Response N-18 for discussion on the availability of the technical studies referenced in the IS and MND. N-20 Refer to Response N-18 for discussion on the availability of the technical studies referenced in the IS and MND. As stated in the Phase I Environmental Site Assessment, prepared by Construction Testing and Engineering and referenced in the IS, no recognized environmental conditions were noted to be present on the project site. Because no recognized environmental conditions were revealed, there was no basis or reason to conduct soil sampling. In addition, the subject site was not listed in the Environmental Data Resources report and the report found no up-gradient groundwater or topographic gradient properties that would provide a significant environmental concern to the proposed project site. The Phase I investigated the current and past history and uses of the property, looking at what was previously on the site, what past usage could have done, whether any usage could potentially have contaminated the soil or groundwater underlying the site, etc. It was an investigation to determine if there were any conditions that were indicative of releases of petroleum or hazardous materials or chemicals at the site, now or in the past. If the experts who conducted the Phase I report had determined there was a potential for hazards or hazardous materials on the site that had the potential for a significant impact, they would have recommended conducting further testing such as soil sampling. The experts concluded no such additional testing was required. N-21 The Spectrum Preschool at Spectrum Church is not within 0.25 miles from the proposed project; it is only the far edge of the western parking lot that touches that boundary, and not the school itself. In addition, the Spectrum Preschool is located only approximately 237 feet east of Interstate (I) 805, where hazardous materials are frequently transported. Therefore, even if the Spectrum Preschool were within 0.25- mile radius of the project site, which it is not, with compliance with federal, state, and local regulations, any hazardous material transported to and from the project site would be similar to the types of hazardous materials already transported on the I-805, and would not substantially increase the hazards exposed to the school. N-22 The comment expresses concern for project usage of groundwater resources that was not explicitly identified in the IS. The significance criteria for impacts to groundwater the comment is referring to is whether the proposed project would substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that February 2019 RTC-130 Bonita Glen Project 2019-06-04 Agenda PacketPage 494 of 836 Responses to Comments there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. As stated in Section XVII, Utilities and Service Systems, of the IS, the proposed 170 residential units, which are estimated to house up to 486 residents, would generate an insignificant demand for potable water57 acre-feet per yearwhich is equivalent to 0.84% of the total potable water demand for the Sweetwater Authority. The Sweetwater Authority procures water from the following four sources: (1) deep freshwater wells in National City, (2) local runoff in the Sweetwater River with subsequent storage at the Loveland Reservoir and Sweetwater Reservoir, (3) San Diego Formation Wells in the lower Sweetwater River basin, and (4) purchase of imported water delivered by the San Diego Water Authority and Metropolitan Water District (Sweetwater Authority 2018). Considering the Sweetwater Authority draws from a variety of water sources, and the proposed project would account for an insignificant amount of water demand, the project would not have a significant impact on groundwater resources. The Sweetwater Authority states that it is considered to have the most reliable water resources of any district in the San Diego region, with resources including imported raw water, imported treated water, four freshwater wells, 17 pump stations, two dams, 25 storage tanks, a groundwater desalination facility and a water treatment facility. The Water Authority has estimated a total groundwater storage capacity of 973,000 acre-feet for this basin. According to Sweetwater Authority records, water levels in production wells near National City have remained stable since about 1950. In addition, the Sweetwater Valley Groundwater Basin has not been identified in California Department of Water Resources Bulletin 118 as in overdraft condition (Sweetwater Authority 2018). Sweetwater Authority receives a portion of their water from the Metropolitan Water District, in which supplies consist of both Colorado River and State Water Project supplies from the Sacramento-San Joaquin Bay Delta. The Sweetwater Authority purchases approximately 21% of Metropolitan Water Authority is not using would not have a substantial effect on groundwater. N-23 As stated in Section IX of the IS, according to the Federal Emergency Management Agency Flood Map 06073C1914G, the northwestern portion of the site contains areas in either a special flood hazard area titled Zone AE, or in other areas of flood hazards, with 0.2% annual chance flood hazard. Zone AE areas have a 1% probability of flooding every year- stream located within the proposed project area is determined to have a 100-year peak February 2019 RTC-131 Bonita Glen Project 2019-06-04 Agenda PacketPage 495 of 836 Responses to Comments flow rate of 51 cubic feet per second (cfs) (REC Consultants 2018). As discussed in the Hydrologic and Hydraulic Analysis referenced in the IS, which examined the conveyance capacity of the ephemeral creek on site, a depth analysis was taken at the southernmost structure (the proposed southern parking lot) adjacent to Bonita Glen Road. It was determined that a 100-year flood would require a flow width of 15.61 feet, which is greater than the maximum flow width available of 11.5 feet. As stated in the Preliminary Drainage Study referenced in the IS, to mitigate the increase in 100-year flood flows within the creek, the creek banks will be graded up to create a larger open channel, capable of handling the required flows. Increasing the creek banks will ensure that surface flows will not overtop the banks and flood onto the adjacent developments, or worsen flooding downstream. As such, the potential for on-site residents to experience flooding during a 100-year storm event would be less than significant. This comment has been adequately addressed and no further response is required. N-24 The City did evaluate project noise impacts compared to baseline conditions. The comment erroneously asserts that the City assumes that a sound wall is being installed as a project provided mitigation and is not a sound wall. Rather, the MND is describing the fact that the project itself, which includes apartment buildings nearest to Bonita Glen Drive, and the walls of those units function not only as the exterior of the homes but also naturally acts as acoustical shielding. No sound walls are proposed or required. N-25 As stated in the MND, the Acoustical Assessment Report presented the locations of modeled off-site noise receivers to analyze off-site traffic noise. As stated in the report, the City does not have a specific noise criterion for evaluation of off-site noise impacts to residences or noise-sensitive areas from project-related traffic. For the purposes of the noise analysis, such impacts are considered significant when they cause an increase of 3 decibels (dB) from existing noise levels or exceed the 65 A-weighted decibel community noise equivalent level noise threshold. Based on the findings of the analysis, the maximum noise level increase would be 0 dB (i.e., less than 1 dB when rounded to whole decibels). A change in noise level of 1 dB or less is not an audible change, in the context of community noise, and is therefore less than significant. There is no information in the MND that indicates the project will have significant impacts on off-site receptors during operation of the project, and there is no significant noise impact that needs to be mitigated. Therefore, CEQA requirements have been met and no further response is necessary. February 2019 RTC-132 Bonita Glen Project 2019-06-04 Agenda PacketPage 496 of 836 Responses to Comments N-26 For the same reasons specified in Response N-25, the City does not have off-site indoor noise impact criteria. The Acoustical Assessment Report analyzed off-site traffic noise impacts and determined that, based on the modeled receptors, off-site traffic noise impacts would be less than significant. Therefore, CEQA requirements have been met and no further response is necessary. N-27 As stated in Section XIV, Public Services, of the IS, the proposed project would develop an underutilized infill site served by the Chula Vista Fire Department and the Chula Vista Police Department and would not adversely impact existing levels of fire or police protection or create a significant new demand. The same is true for other public services, as discussed in the IS and MND. The project would be required to pay the development impact fees at the time of building permit issuance. The development impact fees shall be calculated to ensure that the fees are assessed proportional to the impact created by the proposed project, and the proceeds from the fees can only be spent on expanding or upgrading infrastructure that can projects in the area would be required to pay development impact fees proportional to the impacts created by those projects. The City designed the development fee system to require all projects in the area to pay these fees, in order to ensure that public services have the funds to expand services, if necessary. As such, impacts would be less than significant and CEQA requirements have been met. N-28 Annual Report, the City had 3.99 park acres per 1,000 residents in eastern Chula Vista in 2017, exceeding the threshold standard requiring 3 acres per 1,000. There is no parks-to- residents deficiency. The Growth Management Oversight Committee had projected the City to have 3.92 acres of parks per 1,000 people in 2018, and 3.94 acres per 1,000 by 2022 in eastern Chula Vista. As stated in Section XV, Recreation, of the IS, the proposed project would include a swimming pool, clubhouse, and dog run, and would pay required development impact fees for the provision of public services, including parks and recreational facilities. Therefore, impacts would be less than significant. N-29 The commenter claims a significant impact was overlooked in Table 19, Roadway Segment Level of Service Year 2035 Base Plus Project Conditions (City of Chula Vista), of the IS. Although Table 19 identifies Bonita Road from I-805 southbound ramps to I-805 northbound ramps at Level of Service (LOS) E under Year 2035 Base Plus Project conditions, the roadway was projected to operate at LOS E under Year 2035 Base Conditions. However, as shown in Table 21, Peak Hour Intersection Level February 2019 RTC-133 Bonita Glen Project 2019-06-04 Agenda PacketPage 497 of 836 Responses to Comments of Service Year 2035 Base Plus Project Conditions, of the IS, the study intersections ignificance thresholds, roadway segments operating at LOS E are not considered impacted if the intersections on either side of the segment operate at LOS D or better. As such, there would not be a significant impact along Bonita Road from the I-805 Southbound On- /Off-Ramps to I-805 Northbound On-/Off-Ramps. Therefore, CEQA requirements have been met and no further response is necessary. N-30 The City requires that all development projects within the City, including the proposed project, prepare a Traffic Control Plan that ensures impacts on surrounding roadways and intersections are minimized during construction. Furthermore, the proposed project would be required to comply with Chula Vista Fire Department requirements and standards to ensure that adequate access is provided. The proposed project would not involve the permanent closure of any surface streets that would increase the response time for emergency services. Additionally, the project will comply with all fire codes, and emergency access will be maintained by foot and by truck. Therefore, with compliance with local regulations, impacts to emergency access would be less than significant. N-31 The comment expresses concern for peak wet weather flows and its wastewater treatment facilities. However, the commenter has mixed up wastewater facilities with stormwater facilities, as stormwater facilities handle peak wet weather flows, not wastewater treatment or sewer facilities. The effect on stormwater facilities is addressed in Section IX of the IS. As stated in Section IX, once constructed, on-site peak flows would be collected through the biofiltration basins and would ta Glen Drive. Proposed biofiltration basins would collect runoff from the undeveloped areas connecting to the proposed storm drain system (downstream of the basin). Runoff from the site would be conveyed via the internal on-site storm drain toward the southern boundary of the proposed project. The proposed project footprint would result in an approximately 47% impervious area. In order to mitigate the impervious area, the proposed project includes three biofiltration basins that are projected to treat 84% of the runoff. The other 16% would drain naturally into the stream in the middle of the site (Latitude 33 Planning and Engineering 2018a). As concluded in Section IX, the downstream existing 33-inch reinforced-concrete pipe public storm drain would be able to handle the mitigated 100-year flowrate of 55.11 cfs. The stormwater from the project site would not cause or contribute to sewer overflows, as the stormwater system is separate from the sewer system proposed onsite. As such, the project February 2019 RTC-134 Bonita Glen Project 2019-06-04 Agenda PacketPage 498 of 836 Responses to Comments will not have any significant impacts to wastewater treatment facilities. CEQA requirements have been met, and this comment has been adequately addressed. N-32 As discussed in Section XVII of the IS, the Sweetwater Authority is projected to reach a potable water demand of 6,773 acre-feet per year for multi-family uses in 2020 (Sweetwater Authority 2016). The proposed 170 residential units, which are estimated to house up to 486 residents, would generate an insignificant portion of this demand for potable water57 acre-feet per yearwhich is equivalent to 0.84% of the total potable water demand for the Sweetwater Authority. The CEQA significance criteria the comment alludes to is whether the proposed project would have sufficient water supplies available to serve the project from existing entitlements and resources. By Authority has capacity for the proposed project. Also see Response N-22, which cites the Sweetwater Authority as confirming it has adequate capacity. Therefore, CEQA requirements have been met, and this comment has been adequately addressed. N-33 the end of the MND. The such as police and fire, traffic, parks and recreation, water, etc. These thresholds were taken into account in the relevant sections of the IS, which thoroughly went through the Appendix G checklist and provided both discussion and evidence for each issue area, providing support for its checklist determinations. That is why the IS in the Thresholds section refers the reader to the discussions above. No further response can be provided as the comment does not raise any specific issue regarding that analysis and, therefore, no more specific response can be provided or is required. The City will include the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. N-34 s Appendix G checklist, which did not include the standard Energy checklist questions. Appendix G provides a recommended format, and jurisdictions such as the City may use the Appendix G checklist as a template for the preparation of their CEQA documents. Although the MND does not include specific energy checklist questions, the discussion of energy consumption is addressed in the AQ/GHG Report referenced in the MND. California Emissions Estimator Model (CalEEMod) default values for February 2019 RTC-135 Bonita Glen Project 2019-06-04 Agenda PacketPage 499 of 836 Responses to Comments energy consumption for each land use were applied for the project analysis. The energy use from residential land uses is calculated in CalEEMod based on the California Residential End-Use Survey database. The program uses data collected during the Residential Appliance Saturation Survey to develop energy intensity values (electricity and natural gas usage per square foot per year) for residential buildings. Energy use in buildings (both natural gas and electricity) is divided by the program into end use categories subject to Title 24 requirements (end uses associated with the building envelope, such as the water heating system, integrated lighting, and heating, ventilation, and air conditioning system) and those not subject to Title 24 requirements (such as appliances, electronics, - Title 24 of the California Code of Regulations serves to enhance and regulate referred to as the 2016 standards, became effective on January 1, 2017. The previous amendments were referred to as the 2013 standards. CalEEMod 2016.3.2 includes compliance with the 2016 Title 24 standards. The project applicant is committed to exceeding the 2016 Title 24 energy standards. The proposed project includes implementation of rooftop solar photovoltaic energy production, which will cover energy use for all common area lighting. The proposed project also will include the installation of electric vehicle charging stations, Energy Star appliances, and 100% of the lighting fixtures on site will be LED. The AQ/GHG Report evaluates energy consumption and energy conservation methods, and confirms that the proposed project would not result in a wasteful consumption of energy. N-35 The City acknowledges the comment and notes that it provides concluding remarks that do not raise new or additional environmental issues concerning the adequacy of the Draft MND. For that reason, the City provides no further response to this comment. N-36 The comment requests that the Southwest Regional Council of Carpenters receive a copy of the Notice of Determination for this project. This has been noted and the City will arrange to have a copy of the Notice of Determination sent to Nicholas Whipps of Wittwer Parkin LLP for the Southwest Regional Council of Carpenters. N-37 Please refer to Response N-7. N-38 Please refer to Response N-7. N-39 Please refer to Response N-21. February 2019 RTC-136 Bonita Glen Project 2019-06-04 Agenda PacketPage 500 of 836 Responses to Comments February 2019 RTC-137 Bonita Glen Project 2019-06-04 Agenda PacketPage 501 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-138 Bonita Glen Project 2019-06-04 Agenda PacketPage 502 of 836 Responses to Comments Response to Comment Letter O Scott Olsen January 14, 2019 O-1 The City of Chula Vista (City) acknowledges the comment as introductory remarks to the comments that follow. The City is including the comment as part of the Final Mitigated Negative Declaration (MND) for review and consideration by the decision makers prior to a final decision on the proposed Bonita Glen Project (project). No further response is required or necessary because the comment does not raise an environmental issue. O-2 The City acknowledges the comment and notes that it expresses the opinions of the commenter and does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. Note that the Bonita Glen Specific Plan has long planned for development on this site of a density that would generate more traffic than is proposed with the project. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary. O-3 The commenter expresses concerns with hazardous roadways and parking in the project vicinity. As discussed in the Draft MND and the Traffic Impact Analysis referenced in the MND, all study segments are forecasted to operate at acceptable level of service (LOS) (LOS D or better) under all assessed conditions, in regard to County roadway segments. Existing roadway hazards are not subject to California Environmental Quality Act review as long as the proposed project does not exacerbate the issue. Note that as a project feature, the proposed project would include improvements to Vista Drive between the Unnamed Cul-de-Sac and Bonita Glen Road. For more on traffic see Responses A-1, B-2, B-4, D-3, and L-1. See Responses A-2, D-1, F-10, F-11, G-5, and G-6 regarding parking. O-4 Please refer to Response A-2, D-1, F-10, F-11, G-5, and G-6 regarding parking capacity. The anticipated parking demand would be met on site. February 2019 RTC-139 Bonita Glen Project 2019-06-04 Agenda PacketPage 503 of 836 Responses to Comments O-5 The City acknowledges the comment and notes that it expresses the opinions of the commenter and does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary. February 2019 RTC-140 Bonita Glen Project 2019-06-04 Agenda PacketPage 504 of 836 Responses to Comments February 2019 RTC-141 Bonita Glen Project 2019-06-04 Agenda PacketPage 505 of 836 Responses to Comments February 2019 RTC-142 Bonita Glen Project 2019-06-04 Agenda PacketPage 506 of 836 Responses to Comments Response to Comment Letter P Mark Ramsey January 18, 2019 P-1 The commenter expresses concerns with existing traffic, parking and roadways in the vicinity of the proposed Bonita Glen Project (project) site. As discussed in the Draft Mitigated Negative Declaration (MND) and the Traffic Impact Analysis (TIA) referenced in the Draft MND, all study segments are forecasted to operate at an acceptable level of service (LOS) (LOS D or better) under all assessed conditions, in regard to County of San Diego roadway segments. See Responses A-1, B-2, B-4, D-3, and L-1 regarding traffic, and Responses A-2, D-1, F-10, F-11, G-5, and G-6 regarding parking. In addition, note that the project would include sidewalks, and the project was found to have no significant impacts on the area roadways. P-2 The City acknowledges the comment and notes that it expresses the opinions of the commenter and does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary. P-3 The City acknowledges the comment is of attached images to coincide with preceding comments regarding traffic. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary because the comment does not raise an environmental issue. 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The City is including the comment as part of the Final Mitigated Negative Declaration (MND) for review and consideration by the decision makers prior to a final decision on the proposed Bonita Glen Project (project). No further response is required or necessary because the comment does not raise an environmental issue. Q-2 The City acknowledges the comment as introductory remarks to the comments that follow. The City and the developer have worked to address concerns about the proposed project. See Responses A-1, B-2, B-4, D-3, L-1, and L-8 regarding traffic. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary because the comment does not raise an environmental issue. Q-3 The Traffic Impact Analysis establishes that the proposed project would generate 624 daily trips on the segment of Vista Drive between the Unnamed Cul-de-Sac and Bonita Glen Road. However, the referenced segment of Vista Drive does not serve any cumulative or cut-through traffic and is projected to operate well below its design capacity (Chen Ryan 2018). Therefore, the proposed project would not result in a significant impact to this roadway. Improvements would be included as project features, not mitigation measures, because there would be no significant impacts that require mitigation. In lieu of vacation or annexation, the proposed project would include roadway improvements to the roadway segment between the Unnamed Cul-de-Sac and Bonita Glen Road. As such, annexation or privatization of the roadway would not occur. Q-4 Please refer to Response Q-3 regarding the status of the segment of Vista Drive between the Unnamed Cul-de-Sac and Bonita Glen Road. Q-5 As indicated in the Priority Development Permit (PDP) Stormwater Quality Management Plan, the proposed project is exempt from PDP hydromodification management requirements, including a Vector Control Plan. Considering the February 2019 RTC-151 Bonita Glen Project 2019-06-04 Agenda PacketPage 515 of 836 Responses to Comments ephemeral nature of the on-site stream, the proposed project would not include standing water features capable of accumulating and holding the minimum 0.5 inches of water for more than 96 hours necessary to support mosquito breeding and development. Additionally, the proposed project is not located within 0.25 miles of an existing known vector breeding source. As a result, the project does not trigger a potentially significant impact under the County Guidelines for Determining Significance for Vectors Act threshold checklist does not require vector control examination; therefore, analysis was not included in the Initial Study. The comment does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. Therefore, no further response is required. Q-6 As indicated in the PDP Stormwater Quality Management Plan, pollutant control and hydromodification management best management practices (BMPs) have been applied comment does not raise an issue related to the adequacy of any specific section or analysis of the Draft MND. Therefore, no further response is required. Q-7 The County of San Diego (County) has been provided with the updated project plans, showing that the sewer line will no longer cross the receiving water. No significant impacts would result from this change. Therefore, no recirculation of the MND is required. Q-8 As discussed in Sections XIII and XV of the Initial Study, the proposed project would require payment of development impact fees at the time of building permit issuance. Additionally, the proposed project would be providing recreational areas including a swimming pool, clubhouse, and dog run. With proximity to neighborhood parks, inclusion of on-site recreational facilities, and payment of impact fees, the proposed project would not adversely affect the provision of park and recreational facilities, and impacts would be less than significant. Because the County does not have jurisdiction over the proposed project area, improvement to County recreational facilities or payment of development impact fees to the County is not required. Q-9 The City acknowledges the comment as closing remarks to the comments that precede. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary because the comment does not raise an environmental issue. February 2019 RTC-152 Bonita Glen Project 2019-06-04 Agenda PacketPage 516 of 836 Responses to Comments Q-10 The City acknowledges the comment as introductory remarks to the comments that follow. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary because the comment does not raise an environmental issue. Q-11 Please refer to Response Q-3. Q-12 Please refer to Response Q-3. Q-13 Please refer to Response Q-3. Q-14 Please refer to Response Q-3. Q-15 Please refer to Response Q-5. Q-16 Please refer to Responses Q-6 and Q-7. Q-17 Please refer to Response Q-8. Q-18 The City acknowledges the comment as closing remarks to the comments that precede. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary because the comment does not raise an environmental issue. 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The City of Chula Vista (City) acknowledges the comment as introductory remarks to the comments that follow. The City is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed Bonita Glen Project (project). No further response is required or necessary because the comment does not raise an environmental issue. R-2 The City acknowledges the comment and is including the comment as part of the Final MND for review and consideration by the decision makers prior to a final decision on the proposed project. No further response is required or necessary because the comment does not raise an environmental issue. February 2019 RTC-159 Bonita Glen Project 2019-06-04 Agenda PacketPage 523 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-160 Bonita Glen Project 2019-06-04 Agenda PacketPage 524 of 836 Responses to Comments References Chen Ryan. 2018. Traffic Impact Analysis: Bonita Glen. Draft. April 6, 2018. City of Chula Vista. 2003. City of Chula Vista MSCP Subarea Plan. Accessed July 2018. http://www.chulavistaca.gov/home/showdocument?id=7106. City of Chula Vista. 2013. 20122020 Housing Element. Accessed July 2018. http://www.chulavistaca.gov/home/showdocument?id=5503. City of Chula Vista. 2017. Public Safety Staffing Report. Accessed July 2018. https://www.chulavistaca.gov/home/showdocument?id=15604. City of Chula Vista. 2019. Street Sweeping. Accessed February 8, 2019. https://www.chulavistaca.gov/departments/public-works/services/street-sweeping. Latitude 33 Planning and Engineering. 2018a. Priority Development Project (PDP) Storm Water Quality Management Plan. June 2018. Latitude 33 Planning and Engineering. 2018b. Preliminary Drainage Study. Bonita Glen. REC Consultants. 2018. Technical Memorandum: Hydrologic and Hydraulic Analysis for Bonita Glen Creek. January 2018. Revised June 2018. Sweetwater Authority. 2016. 2015 Urban Water Management Plan. June 2016. Accessed July 2018. https://www.sweetwater.org/DocumentCenter/View/84/2015-Urban-Water- Management-Plan-PDF. 27/About-Us. February 2019 RTC-161 Bonita Glen Project 2019-06-04 Agenda PacketPage 525 of 836 Responses to Comments INTENTIONALLY LEFT BLANK February 2019 RTC-162 Bonita Glen Project 2019-06-04 Agenda PacketPage 526 of 836 2019-06-04 Agenda PacketPage 527 of 836 Printed on 30% post-consumer recycled material. 2019-06-04 Agenda PacketPage 528 of 836 This mitigation monitoring and reporting program (MMRP) was prepared by the City of Chula Vista (City) for the Bonita Glen Project (proposed project or project) to ensure compliance with Public Resources Code Section 21081.6(a)(1), 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 of approval are placed on the project throughout the project approval process. Pursuant to Public Resources Code Section 21081.6(a)(2), the City of Chula Vista designates the Director of Development Services and the City Clerk as the custodians of the documents or their material which constitute the record of proceedings upon which its decision is based. This monitoring program will serve a dual purpose of verifying completion of the mitigation identified in the Mitigated Negative Declaration (MND) and generating information on the effectiveness of the mitigation measures to guide future decisions. The program includes the following: Monitor qualifications Specific monitoring activities Reporting system Criteria for evaluating the success of the mitigation measures The proposed project is 170-unit apartment development within six three-story garden-style buildings (two 21-plex buildings, two 18-plex buildings, and two 13-plex buildings) and one four- story, podium-style building (66 units). The development would consist of 6 studio units, 122 1- bedroom units, and 42 2-bedroom units on approximately 5.3 acres. Total building area for the proposed project is approximately 149,913 square-feet. The proposed project includes and total of 231 parking spaces: 101 covered spaces and 130 uncovered spaces. The project also includes recreation areas including a swimming pool, clubhouse, and dog run. The proposed project uses State Density Bonus provisions that promote affordable housing through the use of density bonus, incentives or concessions, waivers or reductions to development standards, and parking ratios in accordance with Section 65915 of the Government Code and Chapter 19.90 of the Chula Vista Municipal Code. The proposed project provides 9 affordable dwelling units (5%) restricted for 55 years to lower income households (50% of the area median income) in a recorded restrictive covenant. Bonita Glen Project MND 10271 April 2019 MMRP-1 2019-06-04 Agenda PacketPage 529 of 836 M ITIGATION M ONITORING AND R EPORTING P ROGRAM The proposed project is described in the MND under Section B, Project Description. The MND, incorporated herein as referenced, addressed all environmental issues listed in Appendix G of the CEQA Guidelines. The monitoring activities would be accomplished by individuals identified in the attached MMRP table. While specific qualifications should be determined by the City, 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 project area; Knowledge of the types of environmental impacts associated with construction of cost- effective mitigation options; and Excellent communication skills. Prior to any construction activities, meetings should take place between all the parties involved to initiate the monitoring program and 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. 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 and its Mitigation Monitor. The Mitigation Monitor would distribute to each Environmental Specialist and Environmental Monitor 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 Mitigation Monitor following the monitoring activity. The Mitigation Monitor will then include the conclusions of the MMR into an interim and final comprehensive construction report to be submitted to the City. This report will describe the major Bonita Glen Project MND 10271 April 2019 MMRP-2 2019-06-04 Agenda PacketPage 530 of 836 M ITIGATION M ONITORING AND R EPORTING P ROGRAM 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 Environmental Monitor or Environmental Specialist will be required to fill out and submit a daily log report to the Mitigation Monitor. The daily log report will be used to record and account for the monitoring activities of the monitor. Weekly and/or monthly status reports, 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 to confirm the implementation and effectiveness of the mitigation measures imposed on the project. 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. There are a number of options the City may use to enforce this program should noncompliance 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. Table 1 summarizes the mitigation measures identified in the MND and lists the monitoring efforts necessary to ensure that the measures are properly implemented. All the mitigation measures identified in the MND are conditions of project approval and are stated herein in language appropriate for such conditions. In addition, during various stages of implementation the City will further refine the mitigation measures. Bonita Glen Project MND 10271 April 2019 MMRP-3 2019-06-04 Agenda PacketPage 531 of 836 M ITIGATION M ONITORING AND R EPORTING P ROGRAM INTENTIONALLY LEFT BLANK Bonita Glen Project MND 10271 April 2019 MMRP-4 2019-06-04 Agenda PacketPage 532 of 836 DR17-0040 Page 538 of 836 2019-06-04 Agenda Packet DR17-0040 Page 539 of 836 2019-06-04 Agenda Packet DR17-0040 Page 540 of 836 2019-06-04 Agenda Packet DR17-0040 Page 541 of 836 2019-06-04 Agenda Packet DR17-0040 Page 542 of 836 2019-06-04 Agenda Packet DR17-0040 DR17-0040 DR17-0040 DR17-0040 DR17-0040 DR17-0040 Page 561 of 836 07/11/18 3RD DRB Submittal 2019-06-04 Agenda Packet DR17-0040 Page 562 of 836 07/11/18 3RD DRB Submittal 2019-06-04 Agenda Packet DR17-0040 Page 563 of 836 07/11/18 3RD DRB Submittal 2019-06-04 Agenda Packet DR17-0040 Page 564 of 836 07/11/18 3RD DRB Submittal 2019-06-04 Agenda Packet DR17-0040 Page 565 of 836 2019-06-04 Agenda Packet 2019-06-04 Agenda PacketPage 566 of 836 2019-06-04 Agenda PacketPage 567 of 836 2019-06-04 Agenda PacketPage 568 of 836 2019-06-04 Agenda PacketPage 569 of 836 2019-06-04 Agenda PacketPage 570 of 836 2019-06-04 Agenda PacketPage 571 of 836 2019-06-04 Agenda PacketPage 572 of 836 2019-06-04 Agenda PacketPage 573 of 836 2019-06-04 Agenda PacketPage 574 of 836 2019-06-04 Agenda PacketPage 575 of 836 2019-06-04 Agenda PacketPage 576 of 836 2019-06-04 Agenda PacketPage 577 of 836 2019-06-04 Agenda PacketPage 578 of 836 2019-06-04 Agenda PacketPage 579 of 836 2019-06-04 Agenda PacketPage 580 of 836 2019-06-04 Agenda PacketPage 581 of 836 2019-06-04 Agenda PacketPage 582 of 836 2019-06-04 Agenda PacketPage 583 of 836 2019-06-04 Agenda PacketPage 584 of 836 2019-06-04 Agenda PacketPage 585 of 836 2019-06-04 Agenda PacketPage 586 of 836 2019-06-04 Agenda PacketPage 587 of 836 2019-06-04 Agenda PacketPage 588 of 836 2019-06-04 Agenda PacketPage 589 of 836 2019-06-04 Agenda PacketPage 590 of 836 2019-06-04 Agenda PacketPage 591 of 836 2019-06-04 Agenda PacketPage 592 of 836 2019-06-04 Agenda PacketPage 593 of 836 2019-06-04 Agenda PacketPage 594 of 836 2019-06-04 Agenda PacketPage 595 of 836 2019-06-04 Agenda PacketPage 596 of 836 2019-06-04 Agenda PacketPage 597 of 836 2019-06-04 Agenda PacketPage 598 of 836 2019-06-04 Agenda PacketPage 599 of 836 2019-06-04 Agenda PacketPage 600 of 836 2019-06-04 Agenda PacketPage 601 of 836 2019-06-04 Agenda PacketPage 602 of 836 2019-06-04 Agenda PacketPage 603 of 836 RESOLUTION NO. 2019- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPEAL BY SILVERGATE DEVELOPMENT, LLC AND ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION AND REPORTING PROGRAM IS-18-0001, AND APPROVING DESIGN REVIEW PERMIT DR17-0040 TO CONSTRUCT ONE FOUR-STORY BUILDING AND SIX THREE-STORY BUILDINGS TOTALING 149,534 SQUARE FEET, CONSISTING OF 170 APARTMENT UNITS INCLUDING NINE RENT RESTRICTED UNITS FOR OCCUPANCY BY VERY LOW- INCOME HOUSEHOLDS ON A 5.3-ACRE SITE LOCATED SOUTH OF BONITA ROAD, BETWEEN BONITA GLEN DRIVE AND I-805, SUBJECT TO THE CONDITIONS CONTAINED HEREIN WHEREAS, onDecember 22, 2017, aduly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department bySilvergate Development, LLC(Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of one four-story and six three-story buildings totaling 149,534 square-feet consisting of 170 apartment units including nine affordable units subject to rental and occupancy restrictions for very low-incomehouseholds at 50% of the area median income for a period of 55 yearswith associated parking, recreational facilities and open space on approximately 5.3 acres (Project); and WHEREAS, by including five percent of the 170 units for very low-income households, the Project is entitled to certain benefits, including a density bonus, one development incentive, waivers and reductions in development standards, and specified parking ratios under the provisions of ChulaVista Municipal Code (CVMC) Chapter 19.90-Affordable Housing Incentives and Government Code Section 65915(State Density Bonus Law); and WHEREAS, the area of land that is the subject of this Resolution is an existing site consisting of five contiguous parcels (APN’s 570-131-11-00, 570-140-40-00, 570-140-54-00, 570-140-48-00, 570-140-51-00)located south of Bonita Road, between BonitaGlen Drive and I-805 (Project Site); and WHEREAS, the Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-18-0001 in accordance with the California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the Director of Development Services has determined that the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Director of Development Serviceshas caused the preparationof a Mitigated Negative Declaration, IS-18-0001 and associated Mitigation, Monitoringand Reporting Program; and 2019-06-04 Agenda PacketPage 604 of 836 Resolution 2019 Page 2 WHEREAS, a hearing time and place was set by the Planning Commission for consideration of 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 its mailing to property owners and residents within 500 feet of the exterior boundaries of the Project Site, at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the Planning Commission of the City of Chula Vista on March 13, 2019 in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staffs’ presentation; and WHEREAS, the Planning Commission Chair made a Motion to Approve the Project, which was Seconded.However the vote failed 3 No votes to the Chair’s 1 Yes vote.The Project needed 4 Yes votes for approval.Therefore, pursuant to Chula Vista Municipal Code section 2.04.570(c), the vote resulted in a “Lost Motion,” meaning the Motion did not carry and no action occurred; and WHEREAS, on March 22, 2019, Silvergate Development, LLC filed an appeal of the March 13, 2019Planning Commission’s proceedingsfor Design Review Permit DR17-0040 (the “Appeal”); and WHEREAS, the CityClerk set the time and place for the public hearing on the Appeal and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and placeas advertised in the Council Chambers, 276 Fourth Avenue, before the City Counciland the hearing was thereafter closed; and WHEREAS, the City Councilreviewed and considered the Mitigated Negative Declaration (MND IS-18-0001) and associated Mitigation,Monitoring and Reporting Program, and Design Review (DR17-0040); and WHEREAS, the City Councilhaving received certain evidence at the subject hearing, as set forth in the record of its proceedings therein, recommends approval of the Project, based on certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Councildoes hereby find and determine as follows: I.ENVIRONMENTAL REVIEW That the City Councilof the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings, considered the Initial Study of the Project conducted by the Director of Development Services for compliance with the CEQA, and has determined that the Project could result in significant effects on the environmentregarding Air Quality, Cultural Resources, Noise, and Biology. However, revisions to the Project made 2019-06-04 Agenda PacketPage 605 of 836 Resolution 2019 Page 3 by or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has causedthe preparation of a Mitigated Negative Declaration, IS-18-0001and Mitigation, Monitoring and Reporting Program. That the City Councilof the City of Chula Vista, in the exercise of their independent review and judgment as set forth in the record of its proceedings, considered Mitigated Negative Declaration, IS-18-0001 and the Mitigation Monitoring and Reporting Program(MMRP), in the form presented, which has been prepared in accordance with requirements of the CEQA and the Environmental Review Procedures of the City of Chula Vista and does hereby adopt the same. II.DESIGN REVIEW 1.That the proposed Project is consistent with the development regulations contained in the Chula Vista Municipal Code, Government Code, and Chula Vista Design Manual. The Project Site is designated Central Commercial (CCP)and is permitted for residential and commercial use. The Project is in compliance with the Bonita Glen Specific Plan and Chula Vista Design Guidelines and is consistent with the Government Code and Chula Vista Municipal Code. The Applicantis proposing to build a total of 170 apartment units including nine income restricted units for very low-income households. Pursuant to CVMCSection 19.90.080 (F)andGovernment Code Section 65915(e), given the provision of five percent of the units as restricted for very low-income households, the Applicant requests a waiver of the maximum 45 feet in height development standard of the Bonita Glen Specific Plan,which would otherwise have the effect of physically precluding the construction of the Project. One building is proposed with a maximum height of 56 feet. The requested waiver of height is consistent with the intent of the State’s Density Bonus Law and Chula Vista Chapter 19.90. The Applicant has requested and is entitled to the reduced parking standards as specified in CVMC Section 19.90.080(H) and Government Code Section 65915(p). Consistent with these provisions the Project is providing 231 parking spaces on-site, in excess of the required 212 spaces. Additional parking is available on Bonita Glen Drive. Open space and landscaped areas are also provided in excess of the minimum required. The building design orients balconies and patios towards the internal parking lot to provide for an urban environment. Landscaping has been placed along the perimeter of the site and also around the parking lot area. Enhanced architectural details are proposed along the street elevations and the layout of the site provides for a pedestrian oriented design in accordance with the Bonita Glen Specific Plan and Chula Vista Design Guidelines.The floor area ratio and setback requirements are subject to the CCP and R-3 zone requirements. The Project meets the zone requirements. 2.That the proposed Project is consistent with the design requirements and recommendations contained in Bonita Glen Specific Plan and development standards of the Chula Vista Design Guidelines. 2019-06-04 Agenda PacketPage 606 of 836 Resolution 2019 Page 4 The proposed project architecture features a modern Spanish Mission architectural design that is eclectic and exemplifies and contributes to the dynamic revitalization and vibrancy alongthe segments of Bonita Glen Driveand Vista Drivethat arewithin the Bonita Glen Specific Plan (BGSP)boundary. The building mass is articulated by horizontal and vertical plane offsets, including balconies, which provide variety and interest and are highlighted by accent colors and materials that break up the roof line. The building facades also include a variety of building materials and colors, including fabric awnings, metalverticalsiding, fiber cement horizontal siding, natural wood, patios and balconies, and varying building facades and building offsets that were added along the exterior elevations to avoid a monotonous design. The overall design, form and scale of the building fit within the guidelines of the BGSPand Chula Vista Design Guidelinesand is complimentary to the multi-family residential and commercial character adjacent to the Project Site. BE IT FURTHER RESOLVED that the City Council, based on the findings above, hereby approves the Projectsubject to the following conditions: I.The following shall be accomplished to the satisfaction of the Director of Development Services, or designee, prior to issuance of Building Permits, unless otherwise specified: Planning Division 1.The Project Site shall be developed and maintained in accordance with the approved plans, which include Site and Landscape Plans, Floor Plan, and Elevation Plan on file in the Development Planning Division, the conditions contained herein, and Chula Vista Municipal Code (“Municipal Code” or “CVMC”) Title 19. 2.Prior to, or in conjunction with the issuance of the first Building Permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DDA0117. 3.The colors and materials specified on the Building Plans must be consistent with the colors and materials shown on the Site Plan and colored materials sheet approved by the City Council. 4.A graffiti resistant treatment shall be specified for all first floor wall and building surfaces. This shall be noted for any Building and Wall Plans. Additionally, the Project shall conform to Section9.20.055 of the Municipal Code regarding graffiti control. 5.All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets. Such screening shall be architecturally integrated with the building design. 6.All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping. 2019-06-04 Agenda PacketPage 607 of 836 Resolution 2019 Page 5 7.All exterior lighting shall include shielding to remove any glare from adjacent residents. Details for said lighting shall be included in the Architectural Plans. 8.The Applicant shall obtain approval of a Sign Permit for each sign. Signs shall comply with all applicable requirements of the Municipal Code. 9.Prior to the issuance of the first Building Permit for the construction of the Project, the Applicant shall execute an Affordable Housing Agreement with the City that includes terms and conditions toensure compliance with CVMC Chapter 19.90andState Density Bonus Lawfor a compliance period of 55 years. Such Agreement shall be recorded as a covenant on the property with the restrictions binding all subsequent owners so that the commitment remains in force regardless of ownership. 10.Prior to issuance of Gradingand Building Permits, the Applicant shall demonstrate compliancewith all mitigation measures of MND IS-18-0001. Land Development Division/Landscape Architecture Division 11.Additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule will be required for the submittal of the following items: a.Grading Plans b.Street Improvement Plans c.Construction Permit d.Lot consolidation 12.The Applicantshall enter into a Storm Water Maintenance Agreement with the City prior to issuance of any Grading Permit. 13.The onsite storm drain system and utilities shall be private. 14.Prior to issuance of a Building Permit, the Applicant shall dedicate 5 feet alongBonita Glen Drive. Street dedication documents shall be prepared by a Registered Civil Engineer or licensed Land Surveyor. 15.Prior to issuance of a Building Permit, Easements on Vista Drive for access and public utilities shall be provided. 16.Prior to issuance of a Building Permit, a parcel map shall be processed to create (2) lots as a condition of water service from Sweetwater Authority. 17.Prior to issuance of and Grading Permit or Building Permit, whichever occurs first, an Encroachment Permit shall be obtained for any private facilities within the public right-of- way or City easements. 18.The Applicant shall submit a detailed Operation & Maintenance (O&M) plan for all permanent Best Management Practices (BMPs)as required by the City Engineer to preserve 2019-06-04 Agenda PacketPage 608 of 836 Resolution 2019 Page 6 the intended pollution control and/or flow control performance of the BMP. Upon completion of construction of BMPs/Project, the Applicant shall update/finalize the O&M Plan to reflect constructed structural BMPs with As-Built Plans and baseline photos. 19.The Applicant shall provide public improvements to include a new 24 foot driveway and a new 20 foot driveway along Bonita Glen including new curb, gutter, sidewalk, and street lights along the Project’s frontage to the satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions. 20.All driveways shall conform to the City of Chula Vista’s sight distance requirements in accordance with Section 18.32.080 of the Municipal Code. Also, landscaping, street furniture, or signs shall not obstruct the visibility of a driver at the street intersections or driveways. 21.All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, Americans with Disability Act (ADA) Standards, and Title 24 standards, as applicable. 22.The construction and completion of all improvements and release requirements shall be secured in accordance with Section 18.17.040 of the Municipal Code. 23.PAD Fees for Multi-Family projects: The addition of 170 multifamily homes generates parks obligations per Municipal Code Chapter 17.10. West Chula Vista –Multi-Family PAD Fees Fee ComponentFee per Unit # UnitsFee Parkland$3,707170$630,190 Acquisition Parkland$5,859170$996,030 Development Total$9,566170$1,626,220 st Note: PAD fees are adjusted annually on October 1to reflect the industry’s current Construction Cost Index, and the above noted costs are subject to change at that time. PAD fees are due as set forth in CVMC 17.10. 12.The Applicant shall submit full Landscape and Irrigation Plansfor review and approval by the City’s Landscape Architect. Fire Department 13.For 75,090 square feet of Type IA & VA construction, this Project will require a fire flow of 3250 gallons per minute for a 3-hour duration at 20 p.s.i. 14.Based upon the required fire flow for Type IA &VA construction type, a minimum of4 fire hydrants are required to serve this Project. 2019-06-04 Agenda PacketPage 609 of 836 Resolution 2019 Page 7 15.Where a portion of the building is more than400feet from a fire hydrant on a fire apparatus access road, as measured by an approved route around the exterior of thebuilding, on site fire hydrants and mains shall be provided. 16.Fire Hydrants shall be located and spaced in accordance with California Fire Code, Appendix C. 17.A fire service study shall be performed that includes a hydraulic water flow analysis. This analysis shall show the actual flow and pressure for all hydrants and riser stubs. The Hazen Williams formula shall be used in the determination of these flows and pressures. The analysis shall show that the required fire flow is available at the hydrants and that independently the sprinkler demand is available at the most demanding sprinkler riser. Fire Department Access: 18.Fire apparatus access roads shall be provided for every facility or building and shall extend to within 150feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. 19.Fire apparatus access road dimensions shall be a minimum of 20 feet in width and have an unobstructed vertical clearance of 13 feet 6 inches. 20.The Applicant shall perform an Auto-turn Analysis with Chula Vista Fire Department (CVFD)truck data/dimensions to determine if proposed on site roads are adequate 21.Dead endfire apparatus access roads in excessof 150feet in length shall be provided with an approved area for turning around fire apparatus. 22.Grades for any access roadway shall be restricted to the following: Asphalt < 11% Concrete =/> 11% Fire Department Web Page: 23.Chula Vista Fire Prevention Division maintains an up-to-date web page, which contains required details that shall be required prior to Building Permit issuance. II.The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 24.The Applicant shall install all landscaping and hardscape improvements in accordance with the approved Landscape Plan.Landscaping shall be maintained by the owner and successor in perpetuity, including any street trees in the right of way. 2019-06-04 Agenda PacketPage 610 of 836 Resolution 2019 Page 8 25.Approval of the Design Review Permitshall not waive compliance with any sections of Title 19 of the Municipal Code, nor anyother applicable laws and regulations in effect at the time of Building Permit issuance. 26.The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, City Councilmembers, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Design Review Permit,(b) City’s approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Siteand (c) any environmental determinations for the Project. The Property Owner and Applicant shall acknowledge their agreement tothis provision by executing a copy of this Design Review Permitwhere indicated below. The Property Owner’s and Applicant’s compliance with this provision shall be binding on any and all of the Property Owner’s and Applicant’s successors and assigns. 27.This Design Review Permitshall become void and ineffective if not utilized within three yearsfrom the effective date thereof, in accordance with Section 19.14.600of the Municipal Code. III.GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90- day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and anysuch protest must be in a manner that complies with Government Code Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. IV.EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be signed and returned to the City’s Development Services Department. _______________________________________________________ Signature of Property Owner Date _______________________________________________________ Printed Name of Property OwnerDate 2019-06-04 Agenda PacketPage 611 of 836 Resolution 2019 Page 9 _______________________________________________________ Signature of Applicant Date _______________________________________________________ Printed Name of Applicant Date V.CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to consider in a noticed public hearing conducted under Section 19.14.270 of the Municipal Code whether to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI.INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Councilthat 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 any one 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. However, in such an event, the Property Owner/Applicant shall have the right, by paying applicable processing fees, to bring a request for a Conditional Use Permit without the “invalid” conditions(s) back to the discretionary body which approved the Permit for a determination by that body as to whether all of the findings necessary for the issuance of the proposed permit can still be made in the absence of the “invalid” condition(s). Such hearing shall be a hearing de novo, and the discretionary body shall have the absolute right to approve, disapprove, or modify the proposed Permit and the condition(s) contained therein. Presented by:Approved as to form by: ______________________________________________ Kelly BroughtonGlen R. Googins Development ServicesDirectorCity Attorney 2019-06-04 Agenda PacketPage 612 of 836 City of Chula Vista County of San Diego PROJECT DESCRIPTION: PROJECT LOCATOR Silvergate Development, LLC APPLICANT: PROJECT Bonita Glen Drive ADDRESS: SCALE: FILE NUMBER: DR17-0040 No Scale NORTH 2019-06-04 Agenda PacketPage 613 of 836 L:\\Gabe Files\\Arcmap Locator Template\\Locators\\DR170040.ai.01.18.18 2019-06-04 Agenda PacketPage 614 of 836 2019-06-04 Agenda PacketPage 615 of 836 2019-06-04 Agenda PacketPage 616 of 836 2019-06-04 Agenda PacketPage 617 of 836 2019-06-04 Agenda PacketPage 618 of 836 2019-06-04 Agenda PacketPage 619 of 836 2019-06-04 Agenda PacketPage 620 of 836 2019-06-04 Agenda PacketPage 621 of 836 2019-06-04 Agenda PacketPage 622 of 836 2019-06-04 Agenda PacketPage 623 of 836 2019-06-04 Agenda PacketPage 624 of 836 2019-06-04 Agenda PacketPage 625 of 836 2019-06-04 Agenda PacketPage 626 of 836 2019-06-04 Agenda PacketPage 627 of 836 2019-06-04 Agenda PacketPage 628 of 836 2019-06-04 Agenda PacketPage 629 of 836 2019-06-04 Agenda PacketPage 630 of 836 2019-06-04 Agenda PacketPage 631 of 836 2019-06-04 Agenda PacketPage 632 of 836 2019-06-04 Agenda PacketPage 633 of 836 2019-06-04 Agenda PacketPage 634 of 836 2019-06-04 Agenda PacketPage 635 of 836 2019-06-04 Agenda PacketPage 636 of 836 2019-06-04 Agenda PacketPage 637 of 836 2019-06-04 Agenda PacketPage 638 of 836 2019-06-04 Agenda PacketPage 639 of 836 2019-06-04 Agenda PacketPage 640 of 836 2019-06-04 Agenda PacketPage 641 of 836 2019-06-04 Agenda PacketPage 642 of 836 2019-06-04 Agenda PacketPage 643 of 836 2019-06-04 Agenda PacketPage 644 of 836 2019-06-04 Agenda PacketPage 645 of 836 2019-06-04 Agenda PacketPage 646 of 836 2019-06-04 Agenda PacketPage 647 of 836 2019-06-04 Agenda PacketPage 648 of 836 2019-06-04 Agenda PacketPage 649 of 836 2019-06-04 Agenda PacketPage 650 of 836 2019-06-04 Agenda PacketPage 651 of 836 2019-06-04 Agenda PacketPage 652 of 836 2019-06-04 Agenda PacketPage 653 of 836 2019-06-04 Agenda PacketPage 654 of 836 2019-06-04 Agenda PacketPage 655 of 836 2019-06-04 Agenda PacketPage 656 of 836 2019-06-04 Agenda PacketPage 657 of 836 2019-06-04 Agenda PacketPage 658 of 836 2019-06-04 Agenda PacketPage 659 of 836 2019-06-04 Agenda PacketPage 660 of 836 2019-06-04 Agenda PacketPage 661 of 836 2019-06-04 Agenda PacketPage 662 of 836 2019-06-04 Agenda PacketPage 663 of 836 2019-06-04 Agenda PacketPage 664 of 836 2019-06-04 Agenda PacketPage 665 of 836 2019-06-04 Agenda PacketPage 666 of 836 2019-06-04 Agenda PacketPage 667 of 836 2019-06-04 Agenda PacketPage 668 of 836 2019-06-04 Agenda PacketPage 669 of 836 2019-06-04 Agenda PacketPage 670 of 836 2019-06-04 Agenda PacketPage 671 of 836 2019-06-04 Agenda PacketPage 672 of 836 2019-06-04 Agenda PacketPage 673 of 836 2019-06-04 Agenda PacketPage 674 of 836 2019-06-04 Agenda PacketPage 675 of 836 2019-06-04 Agenda PacketPage 676 of 836 2019-06-04 Agenda PacketPage 677 of 836 2019-06-04 Agenda PacketPage 678 of 836 2019-06-04 Agenda PacketPage 679 of 836 2019-06-04 Agenda PacketPage 680 of 836 2019-06-04 Agenda PacketPage 681 of 836 2019-06-04 Agenda PacketPage 682 of 836 2019-06-04 Agenda PacketPage 683 of 836 2019-06-04 Agenda PacketPage 684 of 836 2019-06-04 Agenda PacketPage 685 of 836 2019-06-04 Agenda PacketPage 686 of 836 2019-06-04 Agenda PacketPage 687 of 836 2019-06-04 Agenda PacketPage 688 of 836 2019-06-04 Agenda PacketPage 689 of 836 2019-06-04 Agenda PacketPage 690 of 836 2019-06-04 Agenda PacketPage 691 of 836 2019-06-04 Agenda PacketPage 692 of 836 2019-06-04 Agenda PacketPage 693 of 836 2019-06-04 Agenda PacketPage 694 of 836 2019-06-04 Agenda PacketPage 695 of 836