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.
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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.
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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.
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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
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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
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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
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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
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