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HomeMy WebLinkAboutRCC AGENDA PK 2000/04/03 - - Mitigated Negative Declaration PROJECT NAME: An amendment to Rolling Hills Ranch Tentative Subdivision Map 92-02 Conditions of Approval 1 and 3 of Section·7 to grant an increase in the building cap from 1,137 dwelling units to a maximum of 1,665 equivalent dwelling units (EDU's) prior to the completion of SR-125. PROJECT LOCATION: Rolling Hills Ranch, east of San Miguel Road, north and south of Proctor Valley Road PROJECT APPLICANT: Pacific Bay Homes CASE NO: IS-00-05 DATE: March 30, 2000 A. Project Setting The project site is within the 1,197-acre Rolling Hills Ranch (AKA, Salt Creek Ranch) master planned community on the eastern urbatrizing fringe of the City. The approved Sectional Planning Area plan (SPA) includes 2,095 single family, 61 single family attached, and 390 multiple family dwelling units. It also includes two elementary schools, a fire station, two community purpose faci lities, two public parks, one private park, and natural open space. The project is regionally located in the southern foothills of San Miguel Mountain, north ofEastLake Business Center and northwest of Upper Otay Lake. The recently approved 738-acre San Miguel Ranch master planned community is located immediately northwest of the project site and the proposed State Route 125 (SR-125) toll road is planned approximately 2 miles east. Much of the surrounding area is developed with single family homes. As of January 1, 2000 approximately 400 homes have been constructed in Rolling Hills "\ Ranch as a part of Phase 1. Terrain in the project area consists of gently rolling \ hills with historic agricultural uses. In general, the undeveloped portions of Rolling Hills Ranch consist of open sparsely vegetated areas with some areas disturbed by historic agricultural uses, recent discing and construction activity. Based on the current phasing plan, if the building cap is increased the additional 528 EDU's would be constructed in portions of Neighborhoods 1, 4a, 7 a, Th, and 8. Neighborhood 1 consists of 93.9 acres on the north side of Proctor Valley Road, west of Hunte Parkway. Neighborhood 4 consists of 18.7 acres located at the terminus ofMt. Miguel Road and south of McKen.zie Creek Road. 1 - - Neighborhood 'I i:I. consists of 15.5 acres. Neighborhood 7b consists of 59.9 acres located on the north side of Proctor Valley Road east of Hunte Parkway; and Neighborhood 8 is 74.4 acres in size and is located immediately south of Neighborhoods 7a & Th on the south side of Proctor Valley Road, east of Hunte Parkway. B. PTQject Description This Initial Study has been prepared to provide additional information and analysis of potential environmental impacts as a result of the proposed amendment to the Tentative Subdivision Map covered under the Salt Creek Ranch Annexation! General Development Plan! Pre-Zone Final Environmental Impact Report (FEIR- 89-3) and the Salt Creek Ranch Sectional Planning Area (SPA) Plan Final Supplemental Environmental Impact Report (FSEIR-91-3). The proposal is an amendment to Conditions of Approval 1 and 2 Section 7 of Tentative Subdivision Map 92-02. The condition, (identified as a mitigation measure) in FSEIR 91-3, limits development in phase I to 1,13} dwelling ~t~c___ prior to the construction of SR -125 in order to mitigate potential significant traffic impacts at the intersection of East ''H'' Street/Hidden Vista Drive. Specifically, Section 7, Item 1 specifies that the Public Facilities Financing Plan (PFFP) shall be modified to indicate a reduction in Phase I to 1,137 units. Section 7, Item 2 specifies the sequence of transportation improvements are required to correspond to any future eastern Chula Vista Transportation Phasing Plan, as amended by final SR-125 Financing Study (HNTB, May 1993). The PFFP will be amended to reflect the increase accordingly. The proposed amendment will allow Rolling Hills Ranch to increase the limit on development by 528 EDU's and initiate construction of a portion of Phase IT for a total of 1,665 EDU's. The 528 EDU's will be constructed in Neighborhoods 1, 4a, 7a, Th, and 8 in accordance with the approved Tentative Subdivision Map. The amendment constitutes a change in the phasing of residential development and an amendment to a previous traffic mitigation measure and does not result in a net increase in the total number of approved dwelling units or density. C. Compatibility with Zoninti. General Plan. and Sectional Planning Area Plan The subject property is cUlTently zoned for residential uses. Neighborhoods 1 and 7a are zoned LM, Low Medium Residential. Neighborhood 4a is M, Medium Residential and Neighborhoods 7b & 8 are zoned L, Low Residential. The General Plan designation is LMR, Low Medium Residential. The proposed project is in compliance with the approved Sectional Area Plan zoning designations, and the General Plan D. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in 2 - - accordance with SectiOll 15070 of the State California Environmental Quality Act (CEQA) Guidelines. 1. TRANSPORTATION/ CIRCULATION/ TRAFFIC THRESHOLD STANDARD The proposal would result in the amendment to a previous mitigation measure in FSEIR 91-3 (page 3-106, Scenario 2) that was required in order to reduce traffic impacts at the intersection of East "H" Street and Hidden Vista Drive to a level below significance. The mitigation measure in FSEIR 91-3 limits the amount of development in Rolling Hills Ranch to 1,137 dwelling units (phase I) prior to the construction of SR-12S. According to the Engineering Division the basis for the requested amendment stems from the following: 1. The recent traffic studies are focused analysis which were done with actual counts for the existing conditions and growth rates from the various projects throughout the City based on historical data and a shorter projected future year scenario analysis, whereas the previous studies in the EIR were long range forecasts; 2. The uniform growth rate of development assumed over the last decade did not occur due to an economic slow down in the early 1990's resulting in a reserve of anticipated trips on the roadways; 3. The segment improvements to the City's circulation system have continued beyond those improvements anticipated in the original traffic study such as the widening of Bonita road at the interchange with I-80S, Otay Lake Road and, Telegraph Canyon Road; and 4. Intersection improvements to add additional turn lanes and/or through lanes to the major intersections have also been completed, some of which are beyond what was originally anticipated to be constructed at build-out at: · East "H" Street at: Hilltop Drive, Hidden Vista Drive, Mount Miguel Road, Paseo Del Rey, and Tierra Del Rey. · Otay Lakes road at: Bonita Road, East H Street, EastLake Parkway, and Telegraph Canyon Road. · Telegraph Canyon Road at: Medical Center Drive, Paseo Ranchero and the almost completed improvements in the vicinity of the I-80S interchange with Halecrest Drive. To determine how much capacity street capacity was available on East "H" the City . required the applicant to enter into a 3-party agreement with the City to hire a traffic consultant to conduct a traffic study. Linscott, Law and Greenspan Engineers (LLG) prepared both a segment analysis and intersection analysis. The City of Chula Vista Land Development Section of the Engineering Division reviewed and concurred with the findings and conclusions of the LLG traffic studies (Engineering Division memorandum dated March 29, 2000 on file in the Planning Division). The findings and conclusion of the East "H" Street Segment Analysis and Intersection Analysis conducted by LLG are discussed in more detail below: 3 - -.. East H Street Intersectîon Analysis, March 2000 (Intersection Analysis) The initial building cap of 1,137 was established based upon an intersection analysis. Therefore, a focused intersection analysis was conducted to ensure that levels of service at the most critical intersections along East "R" Street will not deteriorate beyond the limits set by FSEIR 91-03. at the "East "H" Street Intersection Analysis Chula Vista, California", dated March 8, 2000, to determined the available traffic capaCity at four intersections of East ''H'' Street. These intersections were at Hidden Vista Drive, Paseo Del Rey, Paseo Ranchero, and Otay Lakes Road. . The most critical location found in the study was the intersection of East "R" Street/Hidden Vista Drive. This study concluded that an additional 330 EDU's (Cumulative 1,467 EDU's) can be added by the project before a cumulative impact is indicated at the subject intersection. The study further concluded that if one of the following improvements is constructed the threshold limit can be increased by another 198 EDU's in addition to the above-noted 330 EDU's (Cumulative 1,665 EDU's): 1. Provide additional westbound thru lane at the East "H" Street/Hidden Vista Drive intersection; or 2. Ensure Olympic Parkway is extended eastward to at least East Palomar Street. According to the Engineering Division the widening of East "H" Street has not been evaluated (scheduled) for improvement and therefore is not considered feasible at this time. The extension of Olympic Parkway to East Palomar Street is considered highly feasible and is currently underway and scheduled for completion by the end of December 2001. Based on the constraints at the intersection of East "H" Street and Hidden Vista Drive no building permits will be approved beyond an ìnitial330 EDU's (project cumulative 1,467 EDU' s) unless one of the two improvements noted-above in the Intersection Analysis is completed. Mitigation: l 1) Provided biological mitigation is complied with, the building cap shall be increased from 1,137 dwelling units to allow building permit issuance for up to 1,467 EDU's (an additiona1330 EDU's) and Final Map approval up to 1,665 EDU's (an additional 528 EDU's). 2) Building permits shall be granted beyond 1,467 EDU's to a maximum of 1,665 EDU's with the completion of at least one of the following improvements: a. Complete the extension of Olympic ~arkway to East Palomar Street; or b. Widen East "H" Street to provide an additional westbound tbru lane at the East ''H'' Street/Hidden Vista Drive intersection. 4 I - -., East "H" Street Capacity Analysis 1999-2005, May 1999 (Segment Analysis) The May 1999 report titled ''East "R" Street Capacity Analysis 1999-2005" included conservative assumptions that all other projects in the City would also contribute their share of traffic to this corridor (Table 3 of Segment Analysis). The East "H" Street Capacity Analysis concluded that there is additional segment capacity based on the existing circulation element and the Traffic Monitoring Program (TMP) guidelines for the East "R" Street corridor to allow for a maximum of 1,665 EDU's prior to the completion of SR-125--an increase of 528 EDU's beyond the initial 1,137 dwelling units. At this time, the. construction of SR-125 is considered feasible, but not under the direct control of the City. SR-125 is currently scheduled for construction to commence later this year and is anticipated to open by the end of December 2003. Mitigation: 1) Final Map approval shall not exceed 1,665 EDU's without the completion of SR-125. 2. BIOLOGICAL RESOURCES The habitats, biological resources, and sensitive species occurring onsite have been detailed in both FEIR-89-3 and FSEIR-91-3. Final EIR-89-3 evaluated the project's approved General Development Plan (GDP) and Final Subsequent EIR-91-3 addressed additional impacts to habitats from the Sectional Planning Area (SPA) plan. Since the preparation of these environmental documents, the Quino Checkerspot butterfly (Euphydryas edita quino) has been listed as Federally Endangered (1997); the Otay tarplant (Hemizonia conjugens) has been listed as State Endangered and Federally Threatened (1998); and the burrowing owl (Speotyto cunicularia) has been Federally listed as a Species of Special Concern. As a result, biological surveys were required to address these additional sensitive biological resources. HELIX Environmental Planning, Inc. was retained by the applicant to identify any additional biologically sensitive resources and potential impacts to those resources (Attachment "A", HELIX, Letters summarizing survey findings, November 11, 1999, September 29, 1999 September 23,1999). These surveys covered the majority of Neighborhoods 1, 7a, Th, and 8. The boundaries of the survey area are identified in Attachment "B". Neighborhood 4a was not covered by the surveys since it was previously graded. Environmental Planning staff and the City's biologist have reviewed the above-noted surveys. The findings of these surveys, potential impacts to biological resources, and required mitigation to reduce potential impactS to a level below significance are discussed below. 5 ,- -,. NEIGHBORHOOD 1 Ot&y Tm:plant Surveyed Area Twenty (20) individual Otay tarplants were observed in the mid-eastern portion of Neighborhood 1. The tarplants are surrounded on three sides by unconsolidated soil stockpiles and on the fourth side by a moderately traveled, hard packed, dirt road used to access the Otay Water District property to the north. Due to the presence of Otay tarplant take authorization is required by the California Department ofFish and Game and the U.S. Fish and Wildlife Service. Therefore, grading permits and Final Map approval shall not be approved by the City until the applicant has obtained take authorization for the identified Otay tarplants in Neighborhood 1. The remainder of the surveyed portions of Neighborhood 1 is highly disturbed by decades offarming-related activities including discing, cultivation, and cattle grazing. The soil has been amended by adding sludge as fertilizer to improve the land for grazing and discing typically occurs three or more times a year. According Helix, the probability of Otay tarplant occurring in the remaining surveyed portions of neighborhood 1 is very low because 1) no Otay tarplant was observed during surveys conducted during the plant's flowering period (except for the 20 individual tarplants observed in the mid- eastern portion of Neighborhood 1); and 2) the long history of frequent agricultural activities has severely altered the potential habitat, likely rendering it unsuitable for the specIes. Mitigation: 1) The approval of Final Maps and the issuance of grading permits for Neighborhood 1 shall not be granted until the applicant has obtained take authorization from the California Department ofFish and Game and the U.S. Fish and Wildlife Service for any identified biological sensitive resource including Otay tarplant. Unsurveyed Area As shown on Attachment "B" the 1999 Spring Survey for Otay tarplant did not include all the areas within the boundaries of Neigh bot hood 1. According to the City's biologist, the unsurveyed area at the southeastern property line is highly disturbed and has a low potential for Otay tarplant. The unsurveyed area at the western property line has a high potential for Otay tarplant since in the past several years the City's biologist has observed Otay tarplant in this area. A rare plant survey shall be conducted for the unsurveyed areas of Neighborhood 1. Mitigation: Potential impacts to Otay tarplant will be mitigated to a level below significance by the following mitigation measures: 1) An Otay tarplant survey shall be conducted in the unsurveyed portions of Neighborhood 1 to determine the presence of Otay tarplant; and 6 - - 2) The approval of Final Maps and the issuance of grading permits for Neighborhood 1 shall not be granted until the applicant has obtained take authorization from the California Department ofFish and Game and the U.S. Fish and Wildlife Service for any identified biological sensitive resource including Otay tarplant. Quino Checkerspot Butterßy Habitat Surveyed Area The spring survey for Quino habitat found that due to decades of agricultural operations and past stockpile activities, there is a low potential for Quino checkerspot habitat within the surveyed area of Neighborhood 1. Mitigation: The following mitigation measure will serve to reduce any potential impacts to Quino checkerspot butterfly and Quino checkerspot habitat to below a level of significance: 1) A qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhood 1. Unsurveyed Area The surveyed area of Neighborhood 1 contains open, sparsely vegetated areas, which may support moderate Quino checkerspot habitat. Due to the moderate potential for Quino checkerspot habitat, the City shall not authorize grading permits or Final Map approval for Neighborhood 1 until a survey is conducted for all areas within the boundaries of Neighborhood 1 to determ.iÍ1e the presence ofQuino checkerspot butterfly and Quino checkerspot habitat. Mitigation: Potential impacts to Quino checkerspot butterfly and Quino habitat in the unsurveyed portion of Neighborhood 1 will be reduced to below a level of significance by the following mitigation measure: 1) Prior to the approval of Final Maps and the issuance of grading permits for Neighborhood 1 the applicant shall be required to conduct a protocol level survey to determine the presence of Quino checkerspot butterfly and Quino checkerspot habitat. 2) In the event that biologically sensitive resources including Quino checkerspot butterfly and/or Quino checkerspot habitat is found, the approval of Final Maps and the issuance of grading permits shall not be granted until the applicant has obtained take authorization from the California Department ofFish and Game and the U.S. Fish and Wildlife Service. 7 - - Burrowing Owl The 1999 Spring survey did not include Neighborhood 1. The applicant will be required to conduct a protocol level pre-construction survey in Neighborhood 1 to determine the presence of burrowing owl and active burrowing owl burrows. Mitigation: The following mitigation measure will serve to reduce potential impacts to burrowing owl to below a level of significance: 1) The applicant shall be required to conduct a protocol level survey of Neighborhood 1 to determine the presence of burrowing owl and active burrowing owl burrows. 2) In the event that biologically sensitive resources including burrowing owl and active burrowing owl burrows are found, the approval of Final Maps and the issuance of grading permits shall not be granted until the applicant has obtained take authorization from the California Department ofFish and Game and the U.S. Fish and Wildlife Service. 3) A qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhood 1. NEIGHBORHOODS 7a, 7b, and 8 Otay Tarplant & Quino Check~ot Surveyed Area In the surveyed portions of Neighborhoods 7a, 7b, and 8 the biological surveys did not find the presence of Otay tarplant, Quino checkerspot butterfly, or Quino habitat. The surveyed areas have been disturbed by decades of agricultural operations and past ) stockpile activities. Due to the low potential for Otay tarplant and Quino checkerspot to occur only in the surveyed portions of Neighborhoods 7a, 7b, and 8 grading will be allowed to occur in the surveyed areas based on compliance with the following mitigation measures. Mitigation: Grading shall be limited to the surveyed areas with the following mitigation measure which serve to reduce potential impacts to below a level of significance: 1) A qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhoods 7a, Th, and 8. 2) Prior to the issuance of grading permits for the surveyed areas of Neighborhoods 7a, 7b, and 8 the applicant shall submit a fencing plan to the mitigation monitor for approval to protect the unsurveyed areas from disturbance; 8 I - - 3) Site preparation activities, specifically staging area operations and maintenance rows for heavy machinery shall be restricted to the surveyed areas of Neighborhoods 7a, Th, and 8; 4) No clearing of brush shall be allowed in the adjacent unsurveyed sensitive habitat areas (as identified in Attachment "B")ofNeighborhoods 7a, Th, and 8 until a rare plant survey is conducted and the applicant has obtained necessary take authorization fÌ'om the California Department ofFish and Game and the U.S. Fish and Wildlife Service for any identified biological sensitive resource including Otay tarplant, Quino checkerspot butterfly, or Quino habitat. Unsurveyed Area As shown on Attachment ''B'', the Spring Survey for Otay tarplant and Quino checkerspot did not cover several portions of Neighborhoods 7a, Th, and 8. A small sliver of sparsely vegetated habitat that may support moderate Quino checkerspot habitat occurs along the eastern edg~ of Neighborhood 7a and Th. Mitigation: The following mitigation measures will serve to reduce any potential impacts to the unsurveyed portions of Neighborhoods 7a, Th, and 8 to below a level of significance: 1) Prior to the issuance of grading permits for the unsurveyed areas of Neighborhoods 7a, Th, and 8. a rare plant survey shall be conducted for the unsurveyed areas of Neighborhoods 7a, Th, and 8; and 2) In the event that sensitive biological resources including Otay tarplant, Quino checkerspot butterfly and Quino habitat is present in the unsurveyed areas of . Neighborhoods 7a, Th, and 8, grading permits for the affected areas shall not be issued until the applicant has obtained take authorization fÌ'om the California Department ofFish 'and Game and the U.S. Fish and Wildlife Service for any identified biological sensitive resource including Otay tarplant, Quino checkerspot butterfly, or Quino habitat. 3) Upon the issuance of grading permits, a qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhoods 7a, Th, and 8. Burrowing Owl Surveyed Area Neighborhoods 7a, Th and 8 were surveyed for burrowing owl burrows. The survey efforts concentrated on the areas in each neighborhood that have the highest potential for burrows and that were not disturbed in approximately May 1999 by discing. No sign of burrowing owls or their burrows was observed in Neighborhoods 7a, Th, and 8. 9 I · - - Mitigation: The following mitigation measures shall serve to reduce potential impacts to the burrowing owl to below a level of significance: 1) A qualified biologistshall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhoods 7a, 7b, and 8; 2) Prior to the issuance of grading permits the applicant shall submit an approved fencing plan to'protect the unsurveyed areas from disturbance; and 3) Site preparation activities, specifically staging area operations and maintenance rows for heavy machinery shall be restricted to the surveyed areas of Neighborhoods 7a, 7b, and 8. Unsurveyed Area The 1999 Spring Survey Area boundary, as shown on ''B'', excludes some areas to the east and west of Neighborhoods 7a and 7b and also excludes the most eastern portion of Neighborhood 8. Therefore, there remains a potential for the presence of burrowing owl in the unsurveyed areas of Neighborhoods 7a, 7b, and 8. In order to address any potential impacts to burrowing owls or their burrows the City will not authorize grading in the unsurveyed areas of Neighborhoods 7a, 7b, and 8 until a protocol level pre- construction survey is conducted for burrowing owl and active burrows and any necessary take authorization is obtained from the California Department ofFish and Game and the U.S. Fish and Wildlife Service. Mitigation: The following mitigation measures shall serve to reduce potential impacts to the burrowing owl to below a level of significance: 1) Prior to the issuance of grading permits for the areas outside the biological survey boundary the unsurveyed portions of Neighborhoods 7a, 7b, and 8 shall be surveyed for the presence of burrowing owl and active burrowing owl burrows; 2) In the event that sensitive biological resources including burrowing owl or active burrowing owl burrows are present in the unsurveyed areas of Neighborhoods 7a, 7b, and 8, grading permits for the affected areas shall not be issued until the applicant has obtained necessary take authorization from the California Department of Fish and Game and the U.S. Fish and Wildlife Service. E. Mitigation Necessary to Avoid Significant Effects Specific project mitigation measures are required to reduce potential environmental impacts identified in the Initial Study to a level below significance. The mitigation measures will be made a condition of approval and shall be incorporated in the approved Mitigation Monitoring Program (Attachment "c'') 10 - .-,. TRAFFIC/CIRCULATIONfI'RAFFIC THRESHOLD STANDARD 1) Provided biological mitigation is complied with, the building cap shall be increased from 1,137 dwelling units to allow building permit issuance for up to 1,467 EDU's (an additional 330 EDU's) and Final Map approval up to 1,665 EDU's (an additional 528 EDU's). 2) Building permits shall be granted beyond 1,467 EDU's to a maximum of 1,665 EDU's with the completion of at least one of the following improvements: a. Complete the extension of Olympic Parkway to East Palomar Street; or b. Widen East "H" Street to provide an additional westbound tbru lane at the East "H" Street/Hidden Vista Drive intersection. 3) Final Map approval shall not exceed 1,665 EDU's without the completion of SR- 125. BIOLOGICAL RESOURCES 1) The approval of Final Maps and the issuance of grading permits for Neighborhood 1 shall not be granted until the applicant has obtained take authorization from the California Department ofFish and Game and the U.S. Fish and Wildlife Service for any identified biological sensitive resource including Otay tarplant. 2) An Otay tarplant survey shall be conducted in the unsurveyed portions of Neighborhood 1 to determine the presence of Otay tarplant; and 3) The approval of Final Maps and the issuance of grading permits for Neighborhood 1 shall not be granted until the applicant has obtained take authorization from the California Department ofFish and Game and the U.S. Fish and Wildlife Service for any identified biological sensitive resource including Otay tarplant. 4) A qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhood 1. 5) Prior to the approval of Final Maps and the issuance of grading permits for Neighborhood 1 the applicant shall be required to conduct a protocol level survey to determine the presence of Quino checkerspot butterfly and Quino checkerspot habitat. 6) In the event that biologically sensitive resources including Quino checkerspot butterfly and/or Quino checkerspot habitat is found, the approval of Final Maps and the issuance of grading permits shall not be granted until the applicant has obtained take authorization from the California Department ofFish and Game and the U.S. Fish and Wildlife Service. 7) The applicant shall be required to conduct a protocol level survey of Neighborhood 1 to determine the presence of burrowing owl and active burrowing owl burrows. 11 - - 8) In the event that biologically sensitive resources including burrowing owl and active burrowing owl burrows are found, the approval of Final Maps and the issuance of grading permits shall not be granted until the applicant has obtained take authorization from the California Department ofFish and Game and the U.S. Fish and Wildlife Service. 9) A qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhood 1. 10) A qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhoods 7a, Th, and 8. 11) Prior to the issuance of grading pennits for the surveyed areas of Neighborhoods 7a, Th, and 8 the applicant shall submit a fencing plan to the mitigation monitor for approval to protect the unsurveyed areas from disturbance; 12) Site preparation activities, specifically staging area operations and maintenance rows for heavy machinery shall be restricted to the surveyed areas of Neighborhoods 7a, Th, and 8; 13)No clearing of brush shall be allowed in the adjacent unsurveyed sensitive habitat areas (as identified in Attachment "B")ofNeighborhoods 7a, Th, and 8 until a rare plant survey is conducted and the applicant has obtained necessary take authorization from the California Department ofFish and Game and the U.S. Fish and Wildlife Service for any identified biological sensitive resource including Otay tarplant, Quino checkerspot butterfly, or Quino habitat. 14)Prior to the issuance of grading pennits for the unsurveyed areas of Neighborhoods 7a, Th, and 8. a rare plant survey shall be conducted for the unsurveyed areas of Neighborhoods 7a, Th, and 8; and 15)In the event that sensitive biological resources including Otay tarplant, Quino checkerspot butterfly and Quino habitat is present in the unsurveyed areas of Neighborhoods 7a, Th, and 8, grading permits for the affected areas shall not be issued until the applicant has obtained take authorization from the California Department ofFish and Game and the U.S. Fish and Wildlife Service for any identified biological sensitive resource including Otay tarplant, Quino checkerspot butterfly, or Quino habitat. 16) Upon the issuance of grading permits, a qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhoods 7a, Th, and 8. 17) A qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhoods 7a, Th, and 8; 18) Prior to the issuance of grading pennits the applicant shall submit an approved fencing plan to protect the unsurv~yed areas from disturbance; and 12 - - 19) Site preparation actiVities, specifically staging area operations and maintenance rows for heavy machinery shall be restricted to the surveyed areas of Neighborhoods 7a, Th, and 8. 20)Prior to the issuance of grading permits for the areas outside the biological survey boundary the unsurveyed portions of Neighborhoods 7a, Th, and 8 shall be surveyed for the presence ofbmrowing owl and active bUlTOwing owl burrows~ 21)In the event that sensitive biological resources including burrowing owl or active burrowing owl bmrows are present in the unsurveyed areas of Neighborhoods 7a, 7b, and 8, grading pennits for thè affected areas shall not be issued until the applicant has obtained necessary take authorization from the California: Department ofFish and Game and the U.S. Fish and Wildlife Service. \ F. Summmy of Public Comments A Notice of Initial Study was circulated on December 7, 1999 to all property owners within 300-foot radius. The comment period ended on December 16, 1999. The department received comments from a total of 4 property owners. Three owners verbally expressed their concerns with the additional traffic generated from the proposal prior to the completion of SR -125 and the timing of approved amenities for their respective neighborhoods. The traffic concerns were in regards to the impacts on Otay Lakes Road and Proctor Valley Road, and East "H" Street. One owner provided written comments concerning traffic impacts and potential safety hazard on Bonita Road. The property owner was particularly concerned about the current heavy traffic volumes, which make it difficult to access Bonita Road from Dory Drive and the concern that the proposed project will exacerbate this cmrent congestion. The property owner requests assurance from the review board that traffic volume will not increase as a result of this building project. Consultation 1. Individuals and Organizations City of Chula Vista: Marilyn R.F. Ponseggi, Environmental Planning Stan Donn, Community Planning Luis Hernandez, Community Planning Anne Moore, City Attorney's Office Peggy McCarberg, City Attorney's Office George Kremple, City Manager's Office Frank Rivera, Land Development, Engineering Sohaib "Alex" Al-Agha, Land Development, Engineering Cliff Swanson, Engineering Ralph Leyva, Traffic Engineering Dave Kaplan, Land Development, Engineering Samir Nuhaily, Advance Planning! Wastewater Engineering Beverly Blessent, Development Planning 13 - - Gary Williams, Development Planning Rick Rosaler, Community Planning Doug Perry, Fire Marshall Richard Preuss, Police Crime Prevention Brad Remp, Building Duane Bazzel, Advance Planning Chula Vista Elementary School District: Dr. Lowell Billings Sweetwater Union High School District: Katy Wright Applicant's Agent: Dave Gatzke, Rolling Hills Ranch Kim Baranek, Helix Environmental 2. Documents Chula Vista General Plan (1989) Title 19,Chula Vista Municipal Code Salt Creek Ranch Annexation/GDPlPre-Zone FEIR-89-3 (1990) Salt Creek Ranch SPA FSEIR-91-3 (1992) Salt Creek Ranch SPA Mitigation Monitoring Program East H Street Capacity Analysis 1999-2005 (Linscott, Law & Greenspan, May 17, 1999) East H Street Intersection Analysis (Linscott, Law & Greenspan, March 8, 2000) Results of Biological Surveys (HELIX, Letters dated 11/11/99,9/29/99, and 9/23/99) 3. Initial Study This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Negative Declaration. The report reflects the independent judgement of the City of Chula Vista. Further infonnation regarding the environmental review of this proj ect is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. ~./t9~~ Date: .3/~8/0() , Marilyn .F. Ponseggt. Environment Review Coordinator (H:\home\planning\edalia\Ischecklist\IS-OO-OSND.doc ) 14 - - ATTACHMENT "A" HELIX Environmental Planning, Inc. Biological Survey Results I ·... I , I ( ......, . - , , , , , , , .......------..--..-.. , ~IE eEl V IE ~ 8100 La Mesa Blvd., Suite 150 ~ov~berll,I999 La Mesa, CA 91941-6452 fax (619) 462-0552 MOV 15 m9 Ms. Marilyn Ponseggi phone (619) 462-1515 Planning Department PLANNING City of Chula Vista 276 4th Avenue Chula Vista, CA 91910 Subject: Potential for Otaytarplant and Quino checkerspot butterfly in ~eighborhoods 1, 7 and 8 on the Rolling Hills Ranch. Dear Marilyn: As a point of clarification, in the spring 1999, HELIX surveyed the majority of neighborhoods. 1, 7 and 8 for rare plants, in particular the Otay tarplant (hemizonia conjugens) and the host plant forthe quino checkspot butterfly (plantago erecta). The attached figure outlines the areas that were surveyed. Two small areas, totaling 13.7 acres, that will be impacted by future development were not surveyed: 1) a small area west of the existing orange fence and Otay Water District road in neighborhood 1 and 2) a small strip of land east of the agricultural operations in neighborhood 7. A small extant population of Otay tarplant was noted in neighborhood 1 and is surrounded by a dirt road stockpiled soil and orange fencing. The excluded areas and this extant population are highIightedin the attached figure. The portion of these neighborhoods surveyed for quino checkerspot butterfly potential during the Spring 1999 flight season is the disposal site in the' center of neighborhood 7. As noted in our previous letter, the portions of neighborhoods 1, 7 and 8 covered off in the rare plant survey have a low potential for the qumo habitat due to decades of agricultural operations and past stockpile activities. The 13.7 acres of unsurveyed area in neighborhoods 1 ~ .7 have moderate potential for quino habitat. For the purposes of Rolling Hills Ranch's current application for a Public Facilities Financing Plan Amendment, we would accept mitigation that would require rare plant and quina surveys in the areas that have not been surveyed on site. Enclosure: 1999 Spring Survey Areas cc: Dave Gatske, Pacific Bay Homes Tom Huffman, HELIX I ,/-'._"" . .". <. - ~ (- I * i . - , , , , ... , , - , -.._---_...- 8100 La Mesa Blvd., Suite 150 ~~CIEßVIE~ La Mesa, CA 91941-6452 lfì . ocr - 4 1999 ~ fax (619) 462-0552 September 29, 1999 phone (619) 462-1515 PLANNING Ms. Marilyn Ponseggi. Planning Department City of Chula Vista 276 4th Avenue Chula Vista, CA 91910 Subject: Potential for Quino checkerspot butterfly to occur in neighborhoods 1, 7 and 8 on the Rolling Hills Ranch Project site. Dear Ms. Ponseggi: As requested, this letter provides a brief summ:=ITY of biological conditions on the Rolling Hills Ranch site as they relate to U.S. Fish and Wildlife Service's (USFWS's) regulatory requirements to conduct quino·ch~kerspotbutterfly (QCB) (Euphydryas ed.ita quino) surVeys. ·Pacific Bay Homes propoSes to impact portions" of neighborhoods 1, 7, and 8 within the next year. The en1:Ü"e <site '. iĆĄWithiri: 'the USFWS?s" Adult Fóciised' survey Area" (USFWS 1999). Within the Ad'ultFocused Survey Area, surveys are generally required UIilesSan entire· site, cán be shown to harboirio potential for the QCR A general" assessment to determine the site's suitability to 'support QCB may be conducted at any time of the year. Such a survey can determine the potential for a site to support the QCB. The USFWS allows for a more formal QCB habitat assessment to be conducted between February 1 and May 31 to determine if suitable habitat components do occur on site. If suitable habitat does not occur on site, a habj,tat assessment report can be submitted to the USFWS for authorization from the USFWS to waive QCB surveys. HELIX submitted a habitat assessment to the USFWS in March of 1999 for a portion of Neighbothood 7. The USFWS accepted this assessment and no focused QCB surveys are required within this area. Based on previous site surveys, review of an aerial photograph, and because an adult QCB was observed near Lower Otay Reservoir (approximately 3.5 miles to the south-southeast of the project site) there is the potential for the QCB to occur within the proposed impact areas of neighborhoods 1, 7 and 8. The area of proposed impact within Neighborhood 1 does contain open, sparsely vegetated areas, which may support moderate QCB habitat. The majority of Neighborhood 7 and all of Neighborhood 8 have a low potential for the QCB to occurdÌle 'to the historic and on-going agricUltural operations. A SIÌl.aJ.i'sliver of opéri;:SpårSèlyvegeta.tedhabitat occctrs:a1ong the eastern edge of NêighbörhOOd. 7that'InaY support moderà.te 'QCBbabitaL' . ". ". --,". ~ ,.' r - , . - ~ i . " i:ñsü.In.InaI:Y,th~ USFWS Will require a: focused· habitat aSsessment (which may need to be conducted in conjunction with the first QCB survey of the 1 -"" . í , "- lA._ - ~o Marilyn Ponseggi September 29, 1999 Cit) - ChuJa Vista , , . , .....----------.. , year 2000 flight season) to verify the presence or lack of appropriate habitat on site. If QCB habitat does occur on site, it will be necessary to do a full flight season of focused surveys. If you have any questions please call me at this office. Sincerely, 1£-=n~ Biology Group Manager USFWS 1999. Survey Protocol for the Endangered Quino Checkerspot Butterfly (Euphydryas editha quina) for the 1999 Field Season. --....-.. " -, , , \, - , . - , , , , , -----------~--~~ 8100 La Mesa Blvd., Suite 150 September 23, 1999 La Mesa, CA 91941-6452 fax (619) 462-0552 Ms. Marilyn Ponseggi 276 4th Avenue phone (619) 462-1515 Planning Department Chula Vista, CA 91910 Subject Otay tarpla,nt and burrowing owl surveys for Rolling Hills Ranch neighborhoods 1, 7, and 8. Dear Ms. Ponseggi: This letter report provides the results of Otay tarplant (Hemizonia conjugens) surveys for most of Neighborhood 1 and all of neighborhoods 7 and 8 (including the community park site and seWer crossing) at the Rolling Hills Ranch site in Chula Vista, Calliömia. It also provides the results of a survey for active burrows of the burrowing owl (Speotyto cunicularia) in neighborhoods 7 and 8. The attached maps show the areas surveyed and the location of the known stand of Otay tarplantin Neighborhood 1 discovered in 1997. As noted in the attached figures, HELIX surveyed the disturbed portions of neighborhoods 7 and 8, including the road and sewer line crossings of Salt Creek (north and south of Proctor Valley Road, respectively) and the community park site. For Neighborhood 1, the survey was conducted east of the existing orange fence and dirt access road. Otay Tarplant Harold Wier of Dudek and Ass~tes conducted a survey for Otay tarplant in most of Neighborhood 1 on May 7, 1997 (letter report attached). He walked parallel transects over. the area and used the dirt road in the western portion of Neighborhood 1 as his western boundary. He did not know that this was not the western boundary of Neighborhood 1. On this date, he counted approximately 126 individualOtay tarplants in the known stand of the species. Larry Sward, Sally Trnka, and Fred Sproul of HELIX conducted another Otay tarplant survey on May 28, 1999 for neighborhoods 1, 7, and 8. TIùs survey also consisted of wa1king parallel transects. The area that served as a material stockpile in Neighborhood 1 was not surveyed because it was devoid of vegetation. The western boundary of future grading for Neighborhood 1 was bèlieved to be the existing orange fencing that designates the open space boundary on the rest of the Rolling Hills Ranch site, so the tarplant survey did not cross west of this fence. It was discovered subsequently that the future grading for Neighborhood 1 extends west of this fence. Therefore, the area west of the orange fence was not surveyed _~,~97 or 19?~'and a ~Uíd bë-ëõñdU~~~!J~?~!~ the species in this area. ' - ------ - , Otaytarplant was not observed in the areas surveyed with the exception of the extent stand in Neighborhood 1 identified by Mr. Wier in 1997. This stand - contained approximately 20 individtia1 plants on May 28,1999. The stand is surrounded on three sides by'unconsolidated. soil stockpiles and on the fourth side by a moderately . "." " I - ...-------- J. '-::'0 Marilyn Pcmseggi \ - , September 23, 1999 . . , Cit:, _ Ozula Vista Page 2 of3 .......! ........----------... traveled, hard pac:iƓd, dirt road used to access the Otay Water District (OWD) property to the north. This stand was observed growing with non-native grasses and forbs typical of disturbed land. Most Of the areas surveyed have been altered by decades of farming-related activities incluàing discing, cultivation, and cattle grazing. The soil has. been amended by adding sludge as fertilizer to improve the land for grazing. Discing typically occurs three or .ID.Q~-~J:!:~~~~J~, and the most rec:=en! ~ ~~"~x:~~~.£~~~ 7 ag~ª_ !!t~PJ'~~~L~~~~'-'!Vfr~ W1er reported m 1997 that the relative cover of non-native plant specres ffifdughout the area surveyed in Neighborhood 1 and in the known stand of Otay tarplant was very high and probably in excess of 95 percent Since surveyed portions of neighborhoods 7 and 8 have been similarly disturbed, the non-native vegetation cover is comparable. The probability of Otay tarplant occurring in the areas surveyed (most of neighborhood 1 and neighborhoods 7 and 8) is very low because: 1) no tarplant was observed during surveys conducted during the plant's flowering period1 (except for those Otay tarplmts known in Neighborhood 1; and 2) the long history of frequent agricultural activities has severely altered the potential habitat, likely rendering it unsuitable for the species. Burrowing Owl Deborah Pudoff· surveyed Neighbo:rhoods 7 and 8 on July 6, 1999 to look for active burrowing owl burrows. The survey date also occurs within the period (April 15 through July 15) when one is most likely to observe burrowing owls according to the California Department of Fish and Game (1995)2. Neighborhood 1 was not surveyed since it is already addressed in the burrowing owl mitigation plan (HELIX 1998). The survey effort concentrated on the areas in each neighborhood that have the highest potential for burrows and that were not disturbed in approximately May 1999 by discing (for example, along fence lines and in Salt Creek open space). The rest of the neighborhoods were so recently disturbed that even ground squirrel (Spermophilus beechePJ burrow excavation was limited. In both neighborhoods no sign of burrowfug owls or their burrows was observed-only that of ground squirrels. Conclusions In conclusion, Otay tarplant was not found in neighborhoods 7 and· 8, and the only plants found are in the known stand found in the portion of Neighborhood 1 surveyed Active burrowing owl burrows were not found in Neighborhoods 7 and 8. With the negative results of these surveys, Pacific Bay Homes should be allowed to proceed with their cultural resources testing and development at this time in the surveyed portions of neighborhoods 1, 7 and 8. ~~. '¡-.. ,", 1 May through June. 2 California Department of Fish and Game. 1995. SlaH Report on Burrowing Owl Mitigation. October 17- - I ./-~". I - ( " í - , September 23, 1999 . U. .~ Marilyn Ponseggi . , , Ci~ J Chula Vista Page 3 of3 -. ......-..----------... With regard to authorizing take of the Otay tarpIant population in Neighborhood I, the City prepared and certified the Salt Creek Ranch. SPA EIR document (SCH#89092721) in 1992. The biology analysis in the EIR anticipated the potential for rare plant species and identified a potentially significant impact. Mitigation in the certified EIR requires spring surveys for rare plants. This survey report is prepared . in response to the adopted Mitigation Monitoring Program for the project. Therefore, to authorize the take, the City should require the implementation of a mitigation plan to offset impacts to the Otaytarplant caused by the proposed grading. Preparation and adoption of a mitigation plan would satisfy any regulatory compliance needed under the California Endangered Species Act (CFSA) and Native Plant Protection Act (which was incorporated into the CESA by the State Legislature). Based· on the regulations, Section 2081 authorization from the California Department of Fish and Game or U.S. Fish and Wildlife Service should not be required for Rolling Hills Ranch. to proceed with its development. Due to its poor quality, the removal of the known stand of Otay tarplant would not "jeopardize the continued existence of the species" (Section 2081 (b) and (c». Therefore, the City can authorize the removal of the listed plant species without a take permit provided the developer notifies the California Department of Fish and Game at least 10 days in advance of the removal (in accordance with the Native P1ant Protection Act) and implements a plan.. (in accordance with the California Endangered Species Act) to mitigate for impacts of the removal. Please contact me if you have any questions or comments on the information that is presented in this letter. Sincerely, ~ ~ Tom Huffman Biology Group Manager Attachments: Maps of surveyed area (Figures 1 and 2) Letter from Harold Wier, Dudek and Associates, to Marilyn Ponseggi, City of Chula Vista, dated May 30, 1997. c: Kim Baranek, HELIX Liz Jackson. Pacific Bay Homes I - ATTACHMENT "B" HELIX Environmental Planning, Inc. Biological Survey Boundaries - "- 0\ as ~ tD ã N ~ ~ ~ ! ::J ~ ~ 9 ~ ~ 11. Ó ::I ~ ~ C'I).O ö 2' ~ ~ 1: ...:I ~~ ~ CI) ~ j >< - ! --.I ..... =- - .i.... - -" , ØI as ::t= ~ t"" !~ ~ ~ i ~. ~ 00 ::I ~ <::I 0 ~ fI) 0 ~~ ~ -- ......:¡ .D .. 0 ~ a..ø::: (I) 0 0 0) .... , ........ - . . ~"' .;. ~ - '. '. -"'" .- .:~ t. <::I 0 0 . >< Z+ - ..... ..... =- -. - ATTACHMENT "C" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) ROLLING HILLS RANCH MASTER PLANNED COMMUNITY (IS-00-05) MMRP REQUIREMENTS The environmental analysis in Sections VI, VII, and XI( c) of Rolling Hills Ranch Environmental Checklist - IS-00-05 indicates that the proposed project, has the potential to create significant adverse impacts in relation to traffic and circulation, biological resources, and the City adopted growth management traffic threshold. A number of mitigation measures in the IS-00-05 Mitigated Negative Declaration are recommended to reduce and/or avoid the potentially significant adverse impacts of the project. These mitigation measures shall be adopted by the Chula Vista City Council, in conjunction with the adoption of the Mitigated Negative Declaration for IS-00-05. Section 21081.6 of the Public Resources Code requires a public agency to adopt a monitoring and reporting program for assessing and ensuring the implementation of required mitigation measures applied to proposed developments. Specific reporting and/or monitoring requirements, which will be enforced during project implementation, should be adopted coincidental to the final approval of the project by the responsible decision maker(s). In accordance with Public Resources Code (PRC) Section 21081.6, the City of Chula Vista has developed this Mitigation Monitoring and Reporting Program (MMRP) for the proposed Amendment to the Rolling Hills Ranch Tentative Subdivision Map 92-02 project. The Mitigation Monitoring and Reporting Program shall be incorporated into the existing Salt Creek Ranch Mitigation Monitoring Program on file in the Planning and Building Department. The purpose of the MMRP is to ensure that the proposed development project complies with all applicable environmental mitigation and permit requirements. MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Monitor shall be the Environmental Review Coordinator or her designee for the City of Chula Vista. It shall be the responsibility of the appellant to ensure that the conditions of the Mitigation Monitoring Program are met to the satisfaction of the Environmental Review Coordinator. Evidence in written form confmning compliance with the mitigation measures specified in Mitigated Negative Declaration No. IS-DO-OS shall be provided by the biological monitor and applicant as identified in the attached Mitigation Monitoring and Reporting Checklist to the Environmental Review Coordinator as stipulated by each mitigation measure. The Environmental Review Coordinator will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1 lists the mitigation measures listed in Section E, Mitigation Necessary to Avoid Significant Effects, of the Mitigated Negative Declaration and which will be implemented as part ofthe project. In order to determine if the applicant has implemented these measures, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. 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Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 2300 Boswell Road, Suite 209 Chula Vista, CA 91914 4. Name of Proposal: An amendment to Rolling Hills Ranch Tentative Subdivision Map 92- 02 Conditions of Approval 1 and 3 of Section 7 to grant an increase in the building cap from 1,137 dwelling units to a maximum of 1,665 equivalent dwelling units (EDUs) prior to the completion of SR-125. 5. Date of Checklist: March 30, 2000 Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or 0 0 0 r8I zoning? b) Conflict with applicable environmental plans or 0 0 0 r8I policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations 0 0 0 r8I (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of 0 0 0 r8I an established community (including a low- income or minority community)? Comments: The proposal constitutes a change in development phasing and does not result in a change in general plan designation or zoning. The proposal is in conformity with the Salt Creek Ranch General Development Plan (GDP), Sectional Planning Area (SPA) Plan, and the Chula Vista General Plan. Land use impacts were adequately addressed in the Salt Creek Ranch Annexation! General Development- Plan/ Pre-Zone Final Environmental Impact Report-89-3 (hereafter referred to as FEIR-89-3) and in the Salt Creek Ranch Sectional Planning Area Final Subsequent Environmental Impact Report-91-3 (hereafter referred to as FSEIR-91-3). II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local 0 0 0 r8I (M:\homelplannmg\kelthltemplatelcklisltem) pagel ,- .-, PoteDtially PoteDtiaDy SignificaDt Less thaD SigDificaDt Unless SignificaJlt No Impact Mitigated Impart Impact population projections? b) Induce substantial growth in an area either 0 0 0 ~ directly or indirectly (e. g., through projects in an undeveloped area or extension of major Ù1frastructure)? c) Displace existing housÙ1g, especially affordable 0 0 0 181 housÙ1g? Comments: Growth inducing impacts were adequately addressed Ù1 FSEIR 91-3. The proposal affects the phasing of development and does not result in any additional dwellÙ1g units beyond those addressed in FEIR-89-3 and FSEIR-91-3 DI. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in 0 0 0 181 geologic substructures? b) Disruptions, displacements, compaction or 0 0 0 181 overcovering of the soil? c) Change Ù1 topography or ground surface relief 0 0 0 181 features? d) The destruction, coverÙ1g or modificati9n of 0 0 0 181 any unique geologic or physical features? e) Any Ù1crease in wÙ1d or water erosion of soils, 0 0 0 181 either on or off the site? t) Changes in deposition or erosion of beach 0 0 0 181 sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic 0 0 0 181 hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The proposed amendment to Tentative Map 92-02 does not result in any additional geophysical changes in that geology and soils issues were adequately addressed in FEIR-89-3. IV. WATER. Would the proposal result in: a) Changes Ù1 absorption rates, draÙ1age patterns, 0 0 0 181 or the rate and amount of surface runoff? b) Exposure of people or property to water 0 0 0 181 related hazards such as flooding or tidal waves? c) Discharge into surface waters or other 0 0 0 181 (M: \home\plannmglkeith\template\ckhsltem) page2 - --, PotentiaUy PotentiaUy Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact alteration of surface water quality (e. g. , temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 181 water body? e) Changes in currents, or the course of direction 0 0 0 181 of water movements, in either marine or fresh waters? t) Change in the quantity of ground waters, either 0 0 0 181 through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of 0 0 0 181 groundwater? h) Impacts to groundwater quality? 0 0 0 181 i) Alterations to the course or flow of flood 0 0 0 181 waters? j) Substantial reduction in the amount of water 0 0 0 181 otherwise available for public water supplies? Comments: The proposed amendment to Tentative Map 92-02 does not result in any additional impacts to water. Water quality and hydrology were adequately addressed in FEIR 89-3 and FSEIR 91-3. V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to 0 0 0 181 an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 0 181 c) Alter air movement, moisture, or temperature, 0 0 0 181 or cause any change in climate, either locally or regionally? d) Create objectionable odors? 0 0 0 181 e) Create a substantial increase in stationary or 0 0 0 181 non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: The proposal does not result in additional impacts to air quality. Impacts to air quality impacts were adequately addressed in FEIR-89-3. VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? 0 181 0 0 (M: \homelplannmglkelthlternplatelckllst. tern) page3 - - PoteotiaIly PoteD.tiaßy SigDificant Less than Significant Unless S'JgDiftcant No Impact Mitigated Impact Impact b) Hazards to safety from design features (e. g. , 0 0 0 181 sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 0 0 181 nearby uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 181 e) Hazards or barriers for pedestrians or 0 0 0 181 bicyclists? t) Conflicts with adopted policies supporting 0 0 0 181 alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 181 h) A "large project" under the Congestion 0 181 0 0 Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The proposal would permit the development of Rolling Hills Ranch to proceed beyond the 1,137 dwelling unit cap imposed as a condition of approval on the Tentative Map. Development would be allowed to proceed to an initial 1,467 EDU's (330 additional EDU's)prior to the construction of the extension of Olympic Parkway to East Palomar Street or the widening of East "H" Street and to a maximum 1,665 EDU's (528 additional EDU's) prior to the construction of SR-125. The proposal could result in potentially significant traffic impacts to East "H" Street unless mitigation. Potential impacts and mitigation to reduce those impacts to a level below significance are discussed in detail in the attached Mitigated Negative Declaration. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of 0 181 0 0 concern or species that are candidates for listing? b) Locally designated species (e. g., heritage 0 0 181 0 trees)? c) Locally designated natural communities 0 0 181 0 (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and 0 0 181 0 vernal pool)? e) Wildlife dispersal or migration corridors? 0 0 181 0 t) Affect regional habitat preservation planning 0 0 181 0 efforts? Comments: The proposal could result in potentially significant impacts to the Federally Endangered Quino Checkerspot butterfly (Euphydryas edita quino), the State Endangered and Federally, (M: \homelplanmnglketth\templatelckhsl tern) page4 - - Potentially Potentially Significant Less than SIgnificant Unless Significant No Impact Mitigated Impact Impact Threatened Otay tarplant (Hemizonia conjugens), and to the Burrowing owl Federally listed as a Species of Special Concern. Biological survey's were required to address potential significant impacts to these sensitive biological resources. The findings and conclusions of the recent biological surveys and mitigation to reduce potential impacts to below a level of significance are discussed in detail in the attached Mitigated Negative Declaration. WI. ENERGY AND :MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation 0 0 0 ~ plans? b) Use non-renewable resources in a wasteful and 0 0 0 ~ inefficient manner? c) If the site is designated for mineral resource 0 0 0 ~ protection, will this project impact this protection? Comments: The proposal does not result in additional impacts to energy and mineral resources. Impacts to gas, electricity, and energy were adequately addressed in FEIR-89-3. VIII. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of 0 0 0 181 hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 ~ response plan or emergency evacuation plan? c) The creation of any health hazard or potential 0 0 0 ~ health hazard? d) Exposure of people to existing sources of 0 0 0 ~ potential health hazards? e) Increased fire hazard in areas with flammable 0 0 0 ~ brush, grass, or trees? Comments: The proposal is a request to amend the phasing of residential development and does not involve the use of hazardous substances or will not result in the exposure of the public to potential health or safety hazards. IX. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 0 0 181 b) Exposure of people to severe noise levels? 0 0 0 181 Comments: The proposal would not result in any additional noise impacts. Noise impacts were adequately addressed FEIR-89-3 and FSEIR-91-3. (M:\homelplanmnglkelthltemplatelckhst tern) page5 - - Potentially Potentially Significant Less than Significant Unless Signific:ant No Impact Mitigated Impact Impact x. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? 0 0 0 g b) Police protection? 0 0 0 g c) Schools? 0 0 0 g d) Maintenance of public facilities, including 0 0 0 g roads? e) Other govequnental services? 0 0 0 g Comments: The proposal would not result in any additional impacts to public services other than those previously identified and addressed in FEIR-89-3 and FSEIR-91-3. 0 0 0 g XI. Thresholds. Will the proposal adversely impact the City 's Threshold Standards? As described below, the proposed project does not adversely impact any of the seen Threshold Standards. a) FirelEMS 0 0 0 g The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of the cases. Comments: The Fire Threshold Standard was adequately addressed in FEIR-89-3. b) Police 0 0 0 g The Threshold Standards require that police units must respond to 84 % of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project complies with this Threshold Standard. Comments: The Police Threshold Standard was adequately addressed in FEIR-89-3. c) Traffic 0 0 0 g The Threshold Standards require that all signalized arterial segments operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day. Those signalized intersections west of 1-805 which do not meet the standard above standard may continue to operate at their current 1991 LOS, but shall not worsen. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. The proposed project would comply with this Threshold Standard. (M: Ihomelplanmnglkelth\template\cklisttem) page6 - -, Potentially Potentially Significant Less thaD Significant Unless Siguifkant No Impact Mitigated Impact Impact Comments: The signalized arterial segment on East H Street From Otay Lakes Road to Hidden Vista is anticipated to function at LOS C or better. The Hidden Vista! East H Street, Paseo Del Rey/East H Street, Paseo Ranchero/East H Street, and Otay Lakes Road/East H Street intersections . are forecasted to operate at LOS C with the an additional 330 EDU's (total 1,467 EDU's). These intersections would also continue to operate within the Threshold Standard with the addition of up to 528 EDU's (total 1,665 EDU's) as long as the construction of Olympic Parkway to East Palomar Street or with the widening of East H Street are completed prior to SR-125. Olympic Parkway to East Palomar Street is anticipated to be completed by December 2001. Mitigation has been incorporated that would allow Final Map approval up to 1,665 EDU's, and would withhold building permit approval at 1,467 EDU's until either 1) Olympic Parkway to East Palomar Street is constructed or 2) an additional westbound lane on East H Street is constructed. Traffic impacts and mitigation to reduce potential traffic impacts to a level below significance is discussed in more detail in the attached Mitigated Negative Declaration under TransportationlCirculationlTraffic Threshold Standard. d) Parks/Recreation 0 0 0 181 The Threshold Standard for Parks and Recreation is 3 acres/l ,000 population. The proposed project complies with this Threshold Standard. Comments: Parks, Recreation, and Open Space were adequately addressed in FEIR 89-3. 0 0 0 181 e) 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 Planes) and City Engineering Standards. The proposed project complies with this Threshold Standard (page 3-102). Comments: The Drainage Threshold Standard was adequately addressed in FEIR-89-3 and FSEIR- 91-3. , t) Sewer 0 0 0 181 The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project complies with this Threshold Standard. Comments: The Sewer Threshold Standard was adequately addressed in FEIR-89-3 and FSEIR-91- 3. g) Water 0 0 0 181 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. (M:lbomelplamnnglkelthltemplatelcklist. tern) page? - --, Potenûally Potentially Significant Less than SigDificant UDIess Siguificant No Impact Mitigated Impact Impact Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: FEIR-89-3 adequately addressed the Water Threshold Standard. XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? 0 0 0 181 b) Communications systems? 0 0 0 181 c) Local or regional water treatment or 0 0 0 181 distribution facilities? d) Sewer or septic tanks? 0 0 0 181 e) Storm water drainage? 0 0 0 181 t) Solid waste disposal? 0 0 0 181 Comments: Increase in demand and impacts on utilities were adequately addressed in FEIR-89-3 and FSEIR-91-3. XIß. AESTHETICS. Would the proposal: a) Obstruct any scenic vista or view open to the 0 0 0 181 public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a 0 0 0 181 scenic route? c) Have a demonstrable negative aesthetic effect? 0 0 0 181 4) Create added light or glare sources that could 0 0 0 181 increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? e) Reduce an additional amount of spill light? 0 0 0 181 Comments: The proposal would not result in any additional aesthetic impacts. Landform and aesthetic impacts were adequately addressed in FEIR-89-3 and FSEIR-91-3 XIV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or 0 0 0 181 the destruction or a prehistoric or historic archaeological site? (M:lbomelplanmnglkelthltemplatelckhsltem) page8 - - PoteDtiaIIy PotentialIy Significant Less than Signifkant UIIIess Significant No Impact Mitigated Impact Impact b) Will the proposal result in adverse physical or 0 0 0 181 aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a 0 0 0 181 physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or 0 0 0 181 sacred uses within the potential impact area? e) Is the area identified on the City's General Plan 0 0 0 181 EIR as an area of high potential for archeological resources? Comments: The proposal would not result in any additional impacts to Cultural Resources than those ,that were adequately addressed in FEIR-89-3 and SFEIR-91-3. XV. PALEONTOLOGICAL RESOURCES. Will the 0 0 0 181 proposal result in the alteration of or the destruction of paleontological resources? Comments: Impacts to prehistoric resources were adequately addressed in FEIR-89-3 and FSEIR- 91-3. The proposal does not result in any additional impacts to paleontological resources. XVI. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 0 181 regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 181 c) Interfere with recreation parks & recreation 0 0 0 181 plans or programs? Comments: Impacts to recreation were adequately addressed in FEIR-89-3. The proposal does not result in an increased demand for parks or recreational facilities. XVll. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an EIR is needed, this section should be completed. a) Does the project have the potential to degrade 0 181 0 0 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 (M: \homelplanmnglkelth\template\ckhsttem) page9 .- ...., PotentiaDy Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: Sensitive and endangered plants and animals have been addressed in Section Vll, Biology. Mitigation has been incorporated to reduce potential biological impacts to a level less than significant. b) Does the project have the potential to achieve 0 0 0 181 short-term, to the disadvantage of long-term, environmental goals? Comments: The scope and nature of the project would not result in the curtailment of any long- term environmental goals. c) Does the project have impacts that are 0 0 0 181 individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Comments: Cumulative impacts were previously addressed in Both FEIR-89-03 and FSEIR-91- 03. The proposed project does not result in any additonal cumulative project impacts. d) Does the project have environmental effect 0 0 0 181 which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: The project is a change in development phasing that results in an amendment to a previous traffic mitigation measure and therefore does not have the potential to cause substantial adverse direct or indirect effects on human beings. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The following project revisions or mitigation measures have been incorporated into the project and will be implemented during the design, construction or operation of the project: TRAFFIC/CIRCULATION/TRAFFIC THRESHOLD STANDARD 1) Provided biological mitigation is complied with, the building cap shall be increased from 1,137 dwelling units to allow building permit issuance for up to 1,467 EDU's (an additional 330 EDU's) and Final Map approval up to 1,665 EDU's (an additional 528 EDU's). (M: \homelplaomnglkelthltemplatelcldlst.tem) pagel 0 - - 2) Building permits shall be granted beyond 1,467 EDU's to a maximum of 1,665 EDU's with the completion of at least one of the following improvements: a. Complete the extension of Olympic Parkway to East Palomar Street; or b. Widen East "H" Street to provide an additional westbound thru lane at the East "H" Street/Hidden Vista Drive intersection. 3) Final Map approval shall not exceed 1,665 EDU's without the completion of SR-125. BIOLOGICAL RESOURCES 1) The approval of Final Maps and the issuance of grading permits for Neighborhood 1 shall not be granted until the applicant has obtained take authorization from the California Department of Fish and Game and the U.S. Fish and Wildlife Service for any identified biological sensitive resource including Ctay tarplant. 2) An Ctay tarplant survey shall be conducted in the unsurveyed portions of Neighborhood 1 to determine the presence of Ctay tarplant; and 3) The approval of Final Maps and the issuance of grading permits for Neighborhood 1 shall not be granted until the applicant has obtained take authorization from the California Department of Fish and Game and the U.S. Fish and Wildlife Service for any identified biological sensitive resource including Ctay tarplant. 4) A qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhood 1. 5) Prior to the approval of Final Maps and the issuance of grading permits for Neighborhood 1 the applicant shall be required to conduct a protocol level survey to determine the presence of Quino checkerspot butterfly and Quino checkerspot habitat. 6) In the event that biologically sensitive resources including Quino checkerspot butterfly and/or Quino checkerspot habitat is found, the approval of Final Maps and the issuance of grading permits shall not be granted until the applicant has obtained take authorization from the California Department of Fish and Game and the U.S. Fish and Wildlife Service. 7) The applicant shall be required to conduct a protocol level survey of Neighborhood 1 to determine the presence of burrowing owl and active burrowing owl burrows. 8) In the event that biologically sensitive resources including burrowing owl and active burrowing owl burrows are found, the approval of Final Maps and the issuance of grading permits shall not be granted until the applicant has obtained take authorization from the California Department of Fish and Game and the U.S. Fish and Wildlife Service. 9) A qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhood 1. I 10) A qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhoods 7a, 7b, and 8. 11) Prior to the issuance of grading permits for the surveyed areas of Neighborhoods 7a, 7b, and 8 the applicant shall submit a fencing plan to the mitigation monitor for approval to protect the (M: \homelplannmglketth\tempJate\ckltsltem) pagel I I - - unsurveyed areas from disturbance~ 12) Site preparation activities, specifically staging area operations and maintenance rows for heavy machinery shall be restricted to the surveyed areas of Neighborhoods 7a, 7b, and 8; 13) No clearing of brush shall be allowed in the adjacent unsurveyed sensitive habitat areas (as identified in Exhibit" A" of the Mitigation Monitoring Program) of Neighborhoods 7a, 7b, and 8 until a rare plant survey is conducted and the applicant has obtained necessary take authorization from the California Department ofFish and Game and the U.S. Fish and Wildlife Service for any identified biological sensitive resource including Otay tarplant, Quino checkerspot butterfly, or Quino habitat. 14) Prior to the issuance of grading permits for the unsurveyed areas of Neighborhoods 7a, 7b, and 8. a rare plant survey shall be conducted for the unsurveyed areas of Neighborhoods 7a, 7b, and 8; and 15) In the event that sensitive biological resources including Otay tarplant, Quino checkerspot butterfly and Quino habitat is present in the unsurveyed areas of Neighborhoods 7a, 7b, and 8, grading ~ermits for the affected areas shall not be issued until the applicant has obtained take authorization from the California Department of Fish and Game and the U.S. Fish and Wildlife Service for any identified biological sensitive resource including Otay tarplant, Quino checkerspot butterfly, or Quino habitat. 16) Upon the issuance of grading permits, a qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhoods 7a, 7b, and 8. 17) A qualified biologist shall be retained by the applicant to ensure that sensitive areas are not disturbed during the grading of Neighborhoods 7a, 7b, and 8~ 18) Prior to the issuance of grading permits the applicant shall submit an approved fencing plan to protect the unsurveyed areas from disturbance~ and 19) Site preparation activities, specifically staging area operations and maintenance rows for heavy machinery shall be restricted to the surveyed areas of Neighborhoods 7a, 7b, and 8. 20) Prior to the issuance of grading permits for the areas outside the biological survey boundary the unsurveyed portions of Neighborhoods 1a, 7b, and 8 shall be surveyed for the presence of burrowing owl and active burrowing owl burrows; 21) In the event that sensitive biological resources including burrowing owl or active burrowing owl burrows are present in the unsurveyed areas of Neighborhoods 7a, 7b, and 8, grading permits for the affected areas shall not be issued until the applicant has obtained necessary take authorization from the California Department of Fish and Game and the U. S. Fish and Wildlife Service. (M: \homelplanmnglketthltemplatelckl1st tern) page12 - -" xx. AGREEME~"T TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this [Mitigated] Negative Declaration with the County Clerk shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval and that Applicant(s) and/or Operator(s) shall apply for an Environmental hnpact Report. L.z.. .JCt(!"kC){)h ) SVf Printed Name and Title of Authorized Representative of [property Owner's Name] Po.Ûhc.. ~e..y Propc:rf¡~ '1-~.tr'D uthorized Representative of Date er's Name] J{ð.r;n p(~~()tö. EY~ Printed Name d Title of [Operator if different from Property Owner] q~A~o~eOf if-S--V-O Date [Operator if different from Property Owner] XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant hnpact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. OLand Use and Planning ~ Transportation/Circulation o Public Services o Population and Housing 181 Biological Resources o Utilities and Service Systems o Geophysical o Energy and Mineral Resources o Aesthetics o Water o Hazards o Cultural Resources o Air Quality o Noise o Recreation o Mandatory Findings of Significance XXll. DETERMINATION: On the basis of this initial evaluation: (M: \homelplannmglkelth\template\cklisl tern) pagel3 - - I fmd that the proposed projt:d COULD NOT have a significant effect on the 0 environment, and a NEGA TNE DECLARATION will be prepared. I fmd that although the proposed project could have a significant effect on the 181 environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATNE DECLARATION will be prepared. I fmd that the proposed project MAY have a significant effect on the environment, and 0 an ENVIRONMENTAL IMPACT REPORT is required. I fmd that the proposed project MA Yhave a significant effect(s) on the environment, but 0 at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I fmd that although the proposed project could have a significant effect on the 0 environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. '-Þ;44<./1?~ r;:. ~!dlfl/()ò SIgnature Date Environmental Review Coordinator City of Chula Vista (M: \homelplannmglkelthltemplatelcklisltem) pagel4