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HomeMy WebLinkAboutRCC AGENDA PK 1995/06/26ADDENDUM TO MITIGATED NEGATIVE DECLARATION IS 95-03 PROJECT NAME: Broadway Business Homes Village PROJECT LOCATION: 760 Broadway PROJECT APPLICANT: Josef & Lenore Citron PROJECT AGENT: C.W. Clark CASE NUMBER: IS-95-03A DATE: May 30, 1995 I. INTRODUCTION The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERC) to prepare an addendum to a Negative Declaration or Environmental Impact Report (EIR), if one of the following conditions is present: 1. The minor changes in the project design which have occurred since completion of the Final EIR or Negative Declaration have not created any new significant environmental impacts not previously addressed in the Final EIR or Negative Declaration; Additional or refined information available since completion of the Final EIR or Negative Declaration regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have one or more significant impacts which were not previously addressed in the Final EIR or Negative Declaration. IS-95-03 analyzed the potential environmental impacts associated with a proposal of a rezone from the CT to Central Commercial modified by a Precise Plan (CCP) zone, in order to allow for the construction of 36 mixed use units. Subsequent to the completion of the Mitigated Negative Declaration, minor changes have been incorporated in the project description. Therefore, in accordance with Section 15164 of the CE4A Guidelines, the City has prepared the following addendum to the Mitigated Negative Declaration for the proposed rezone to This addendum supersedes the previous Mitigated Negative Declaration IS-95-03. An Addendum need not be circulated for public review, but instead becomes an attachment to the previously issued Mitigated Negative Declaration IS-95-03. II. PROJECT LOCATION AND DESCRIPTION The project site, located at 760 Broadway, is a 2.52 acre site, which was previously used as a Fuller Ford auto dealership and is located in the Southwest Redevelopment Project area. The site is zoned Thoroughfare Commercial (CT) and designated as Commercial Retail in the General Plan. There are several existing structures and carports previously used in the auto dealership for customer service, parts storage and auto repairs. The City of Chula Vista currently owns the property and will issue a contract for the demolition of all structures and carports and the clean up of the site prior to the transfer of the property to the project applicant for construction of an approved project proposal. The properties to the north and south, as well as across Broadway to the east, are zoned Commercial Thoroughfare. To the west is zoned R1 and there are existing single-family residences. A tire sales and repair land use is located to the north and a hotel is located to the south. The average graded slope of the site is 2%. III. PROJECT BACKGROUND AND HISTORY On May 2, 1995 the proposed project was reviewed by the Redevelopment Agency to provide direction as to how project issues are to be addressed by staff. The issues which are of major concern to staff include setting precedents which have City staffing and budgetary implications, public access and liability, and open space and parking proposals. Issues which were discussed and were not evaluated in the Mitigated Negative Declaration were the following: the creation of an assessment district to establish ownership and maintenance for the common areas, the establishment of Conditions, Covenants, and Restrictions (CC&R's) and a Parcel Map proposal. IV. PROPOSED PROJECT The project entails a residential subdivision comprising 36 units. There will be common areas including access alleys, open space and public parking areas. The City with form a "one of a kind" Assessment District to establish ownership and maintenance for the common areas. Project area residents have indicated concern about the potential of having two separate areas that could be rented separately. The applicant has indicated that owners of the units are to occupy both the residential and commercial areas of the units. Prior to issuance of any building permits for said development, the applicant/owner (or their successors in interest) shall enter into an agreement with the City establishing Conditions, Covenants, and Restrictions (CC&R's) for the ownership of the "business homes." Any costs incurred by the administration of the CC&R's will be born by the applicant. The project entails a subdivision of 36 units, as described above and the map process may take from 12 to 18 months. The process is governed by State Law (the Subdivision Map Act). State law does provide for exemptions from the process for public agencies, under certain circumstances. The City currently owns the property and may be able to process a Parcel Map, as opposed to a Subdivision Map, for the project. The applicant has requested that this be done and staff believes that a Parcel Map would be a cleaner process, and would provide monumented lot corners for a more precise legal lot definition. V. IDENTIFICATION OF ENVIRONMENTAL EFFECTS Assessment District The formation of an Assessment District does not in any way change or alter the conclusions regarding the environmental impacts described in the Mitigated Negative Declaration for the proposed project. CC&R's The City establishing of Conditions, Covenants, and Restrictions (CC&R's) for the ownership of the "business homes" will address residential concerns as to the ownership of the home/business units and will support conclusions as to project impacts as described in the Mitigated Negative Declaration, which assume that the owner and occupant of the business homes will be one in the same. Parcel Map The processing of a parcel map will not exempt the development from CEQA or other land use approval processes and will not change the project impacts as described in the Mitigated Negative Declaration. VI. CONCLUSION The Environmental Review Coordinator has determined that the project revision, as reflected in this Addendum (IS-95-03A), does not raise important new issues about the project's significant effects on the environment. No significant impacts would result from these modifications to the project as previously proposed. This addendum supplements the previous Mitigated Negative Declaration prepared for the project and concludes that the project proposal is subject to mitigation measures. Review Coordinator Mitigated Negat: ~e Declaration PROJECT NAME: Broadway Business Homes Village PROJECT LOCATION: 760 Broadway, Chula Vista C ASSESSOR'S PARCEL NO.: 571-200-13 through 17 PROJECT APPLICANT: CASE NO: IS-95-03 Citron Realty & Investment C DATE: May 12, 1995 A. Project Setting The project site, located at 760 Broadway, is a 2.52 acre site, which was previously used as a Fuller Ford auto dealership and is located in the Southwest Redevelopment Project azea. The site is zoned Thoroughfare Commercial (CT) and designated as Commercial Retail in the General Plan. There are several existing structures and carports located on the project site which were previously used in the auto dealership for customer service, parts storage and auto repairs. The City of Chula Vista currently-.owns the property and will issue a contract for the demolition of all structures and carports and the clean up of the site prior to the transfer of the property to the project applicant for construction of the an approved project proposal. The properties to the north and south, as well as across Broadway to the east, aze zoned CT. To the west is zoned R1 and there are existing single-family residences. A tire sales and repair land use is located to the north and a hotel is located to the south. The average graded slope of the site is 2%. B. Project Description The project proposes a rezone from the CT to Central Commercial subject to a Precise Plan modifier (CCP), in order to allow for the construction of 36 mixed use units; commercial use on the first floor level and residential use on the second and third floors and it is expected that the owner of the business and home aze one in the same household. Nine two bedroom units, nineteen three bedroom and eight four bedroom units are proposed. The proposed lot coverage is 39,188 sq. ft. of the total 109,771 sq. ft. project site, or 36%. There aze 82 commercial and 72 residential parking spaces provided. There will be 36 single caz gazages, 8 open stalls and 28 10'x 12' tandem spaces. There will be 7,072 sq. ft. of open space provided for project residents. The estimated project population is 123. The project is expected to generate 26 light commercial and office jobs. «~/ /~~ city o} Chula vista planning departmentuj7v p environmental review section CHULA VISTA The applicant will be required to pay Pazk Acquisition and Development (PAD) fees and comply with State California Title 24 Disabled Regulations. Discretionary actions include Precise Plan approval and a Conditional Use Permit. The project will also require approval by the Redevelopment Agency. A soils study will be required prior to issuance of a building permit. C. Compatibility with Zonine and Plans The proposed mixed-use project is proposed on five pazcels which aze currently designated on the General Plan land use diagram as Commercial Retail and zoned CT. The project proposes a zone change to CCP, which would be compatible with Commercial Retail land use designation. Approval of a zone change will permit the proposed use, subject to approval of a Conditional Use Permit (per Chapter 19.36, Section .030, Zoning Ordinance) and approval of a Precise Plan. Nearby resident's have raised concern about pazking overflow to the their streets. There aze 82 commercial parking spaces and 72 residential spaces and 111 commercial and 72 residential spaces are required. The justification for the parking space deficiency is founded in the urban character and uniqueness of the proposed mixed-use project and will be addressed in the project precise plan or a variance. D. Identification of Environmental Effects An initial study conducted by the City of Chula Vista determined that the proposed project could have one or more significant environmental effects. Specific mitigation measures will be implemented to reduce these effects to a level below significant. With mitigation, no significant environmental effects will occur, and the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. The following impacts have been determined to be less than significant. Noise: A acoustical study prepared by Giroux & Associates analyzed two noise concerns on of the project proposal: exposure of noise from the proposed project to single-family residences to the west and excessive on-site residential exposure to vehicular noise from Broadway traffic. Tasks that were performed to evaluate changes in the noise environment due to project implementation included: 1. Site familiazization and obtaining plans and other input data, 2. On-site noise measurements, 3. Measurement of parking lot activity noise at a similar mixed use development in Orange County, and 4. Evaluation of noise impact potential and identification of recommended mitigation. WPC F:\NOME\PLANNING\STORED\1020.9~Ref. 1021.93, 1022.93) The findings and recommendations of the study aze as follows: 1. A rear property wall is not necessary for noise protection. It is anticipated, however, that the existing rear wall, with some cosmetic improvement, will be retained. The maintaining of a minimum wall height of 5 feet above project grade is recommended. 2. A mechanical ventilation system which will comply with UBC Sect. 1205 (c) is required as a standard feature on all units. 3. East facing windows in the four end units that face Broadway aze recommended to be rated at STC=25 or higher. This rating is typically achieved by use of a thicker glass or by a dual paned sliding window. School Impacts The proposed project involves a rezone from CT to CCP. This rezone will allow for the development of 36 residential units with commercial space, subject to approval of a Conditional Use Permit and Precise Plan. The present CT zone does not permit residential uses. Therefore, it has been determined that the rezone to CCP could generate significant school impacts since. it allows residential units by Use Permit. As a result, the Ciry recognizes that school impacts generated by the approval of a rezone for the project site must be fully mitigated. The proposed 36 residential units will generate an impact of up to 22 new students in the emolhnent area for Chula Vista Junior High School, Chula Vista High School and Mueller Elementary School.' Due to the uniqueness of the project's "business homes" concept, the commercial component of the project is not considered to be an additional impact, as it is expected that the owner of the business and home aze one in the same household. The Chula Vista Elementary School District and the Sweetwater Union High School District (the Districts) have indicated that state mandated fees will not be sufficient to fully mitigate impacts. Therefore, they have requested that this project be conditioned to fully mitigate impacts through possible participation in a Mello-Roos Community Facilities District or other financing mechanism, mutually acceptable to the Districts and the project proponent, which will achieve full mitigation. In order to fully mitigate identified impacts, the applicant shall be required to enter into an agreement with the Districu in which measures to fully mitigate impacts aze outlined and mutually agreed upon, and evidence of said agreement shall be provided to the satisfaction of the City prior to the time of building permit issuance. ' The factors used to calculate student generation are .30x36=10.8 or 11 for elementary schools and .29x36=10.44 or 11 for junior high/high schools (11+11=22). The factors were provided by the Chula Vista Elementary School District and the Sweetwater Union High School District. WPC F:\HOME\PLANNING\STORED\1020.97Ref. 1021.93, 1022.93) Fire Services Based on the fire flow requirements, the Fire Department will require the following: the project to be fully sprinklered; fue extinguishers; a fire alazm system (centrally monitored), standpipes and a fire access with a minunum of 20'. Water Availability The Sweetwater Authority has indicated that if a fire sprinkler system is added to this development (note that required by the Fire Department), the required fire flow can be reduced from 7500 GPM to 3750 GPM. This flow can be met if the developer installs 600 Lineal feet of 12-inch main in Broadway, from "K" St. to the mid-point of the proposed development. This is in a section of Broadway that is currently being reconstructed by the City of Chula Vista. Any required water services will probably result in the excavation of the newly constructed street. The applicant will also be required to provide information regarding domestic, irrigation and fire sprinkler water demands that would expedite these installations prior to the street reconstruction. Land-Use The project proposes a zone change to Central Commercial subject to a Precise Plan modifier (CCP). Approval of a zone change will permit the proposed use with a Conditional Use permit (per Chapter 19.36, Section .030 of the Zoning Ordinance). The proposed project allows for amixed-use project along Broadway, which is specifically called for along sections of the Broadway Commercial strip. The proposed project lends credence to Ordinance 2295, which allows for mixed-use developments in the CCP zone. This project supports the intent of the Ordinance to facilitate the development/redevelopment of otherwise under utilized commercial sites and foster mutually supportive projects, such as the proposed project which allows residents to live and work at the same site. The project also supports the intention to provide an opportunity to ease the transition between commercial properties and abutting residential areas. Traffic/Parking The proposed project will generate approximately 1816 ADT, approximately 1056 ADT over the previous land use. Potential additional traffic impacts are expected to be lessened by having a high percentage of employees living and working on the project site. The project is not anticipated to significantly impact traffic on Broadway and with the implementation of a scheduled Capital Improvement Project (Fall, 1995), this segment of Broadway is expected to operate at aLevel-of-Service 'C' or better. There aze 82 commercial and 72 residential parking spaces proposed, however 111 commercial and 72 residential spaces are required. According to the applicant, the parking provided for the commercial shops is adequate because the shops, which are about 600 sq. ft. each and connected to the living space, are intended to be used by the resident living directly above, and because the resident/shop operator parking is provided along with the residence, the typical commercial parking demand is reduced by the number of WPC F:\HOME\PLANNING\STORED\1020.9~Ref. 1021.93, 1022.93) Page 4 residential/business units (36). The justification for the parking space deficiency is founded in the urban character and uniqueness of the proposed mixed-use project and will be addressed in the project precise plan or a variance process. Findings to justify the deviations from the Chula Vista Municipal Code will have to be made by the approving body. Conclusion The proposed project does not have any unmitigatable significant environmental effects as defined by CEQA. The project has been found to have less than a significant impact on land use, fire services, water availability and traffic. The project will generate impacts to noise, schools and pazking which require mitigation to ensure that impacts aze less than significant. E. Mitigation necessary to avoid sienificant effects Specific project mitigation measures are required to reduce potentially significant environmental impacts identified in the initial study for this project to a level below significant. Mitigation measures have been incorporated into the project. These measures must be incorporated into the project proposal prior to issuance of a building permit. 1. Recommendations and findings of the noise study (please refer to Section E above). 2. Evidence of an agreement between the applicant and school districts which fully mitigate school impacts generated by the proposed project shall be provided to the City. 3. The applicant shall obtain approval of the proposed parking in the Precise Plan. F. Mandatory Findings of Sienificance 1. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause fish or wildlife population to drop below self-sustaining levels, threaten 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? The project site is in an urban area and was previously used for a major automobile dealership and maintenance facility. There are no sensitive species or habitat in the area. 2. Does the project have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals? The 2.52 acre project site was previously used for a major dealership and maintenance facility and is located in the Southwest Redevelopment Area. The proposed mixed-use project will implement project goals of the Southwest Redevelopment Plan; provision for the enhancement and renovation of businesses within the Project Area to promote their economic viability and encourage the WPC F:\HOME\PLANNING\STORED\1020.92Ref. 1021.93, 1022.93) Pa.¢e 5 establishment and maintenance of "balanced neighborhoods" and subazeas, chazacterized by a planned diversity in building sites, density, housing and land use. The project will provide for a revitalization of the site and serve as an opportunity for Chula Vista residents to purchase housing, while also obtaining a small business opportunity. Therefore, the proposed project does not disadvantage long-term environmental goals. 3. Does the project have possible effects which are individually limited but cumulatively considerable? As used in the subsection, "cumulatively considerable" means that the incremental effects of an individual 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? The proposed project will generate approximately 1816 ADT, approximately 1056 ADT over the previous land use. Potential additional traffic impacts are expected to be lessened by having a high percentage of employees living and working on the project site. The project is not anticipated to significantly impact traffic on Broadway and with the implementation of a scheduled Capital Improvement Project (Fall, 1995), this segment of Broadway is expected to operate at a Level-of-Service 'C' or better. The proposed rezone to allow for residential units as a component of the mixed use project will generate school impacts which are considered to be significant and require full mitigation. In addition, noise levels aze expected to impact future residents of the units. These impacts aze to be mitigated as outlined in said document (please refer to Section E). The applicant's compliance with the mitigation measures as outlined in this Mitigated Negative Declaration will ensure that project impacts aze less than significant. Therefore, all impacts, both individual and cumulative have been found to be less than significant. 4. Will the environmental effects of a project will cause a substantial adverse effects on human beings, either directly or indirectly? The proposed project is in compliance with City Growth Management threshold standards for fire, police, and other City services. Therefore, the proposed mixed- use project will not create substantial adverse impacts to human beings, either directly or indirectly. G. Consultation 1. Individuals and Organizations Ciry of Chula Vista: Susan Vandrew, Planning Barbara Reid, Planning Roger Daoust, Engineering Cliff Swanson, Engineering Hal Rosenberg, Engineering WPC F:\HOME\PLANNING\STORED\I020.9~Ref. 1021.93, 1022.93) Bob Sennett, Planning Ken Lazsen, Duector of Building & Housing Cazol Gove, Fire Mazshal Crime Prevention, MazyJane Diosdada Marty Schmidt, Pazks & Recreation Dept. Ann Moore, Assistant City Attorney Ed Batchelder, Planning Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant: Josef & Lenore Citron 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code Acoustical Study, Hans Giroux, 3/14/95 Southwest Redevelopment Plan, Dec. 1990 Ordinance 2295, 2/7/89 Uniform Building Code, 1991 3. Initial Studv 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 information regazding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. ENVIRON ENTAL REVIEW COORDINATOR WPC F:\HOME\PLANNING\STORED\1020.9~Ref. 1021.93, 1022.93) Page 7