HomeMy WebLinkAboutPlanning Comm Reports/1992/10/14 (6)
SECOND ADDENDUM
RANCHO SAN MIGUEL GDP DRAFT ErR
1.1 INTRODUCTION
1.1.1 Purpose, Procedures, and Scope
This Addendum to Draft ErR 90-02 (State Clearinghouse No. 90010155) is prepared in
accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15164.
The purpose of an addendum to an ErR is to comply with CEQA in instances in which the ErR
requires "minor technical changes or additions that do not raise important new issues about the
project's significant effects on the environment," and where no factors are present that would
require the preparation of either a subsequent or supplemental ErR (Section 15 I 64[a]). "An
addendum need not be circulated for public review but can be included in or attached to the
Final ErR" (Section 15164[b]). "The decision-making body shall consider the addendum with
the Final ErR prior to making a decision on the project." (Section 15164[c]).
This Addendum evaluates refinements made to the original proposed project evaluated
in Draft ErR 90-02. These project refinements were developed in response to comments
received from City staff and various commentators during the CEQA public review period, and
they resulted in the preparation of a "Mitigation Concept Plan", following additional workshop
sessions with staff. A description of the Mitigation Concept Plan, which was previously
presented to the City's Planning Commission at a publicly noticed meeting on April I, 1992, is
provided below, followed by an environmental evaluation of the plan to determine if it creates
any significant new impacts to the project or its circumstances over those previously analyzed
in the Draft ErR.
The environmental issues analyzed in this Addendum include land use,
transportation/access, parks, recreation and open space and biological issues. The land use
issues relate to the project's consistency with the Chula Vista General Plan. Although significant
progress has been made, the applicant and City staff disagree over the interpretation and
application of the General Plan as to certain specified issues. This Addendum will address the
applicant's position that the General Plan policies can be interpreted in a manner which allows
the decisionmakers to find that the project is fully consistent with the General Plan. The
Addendum also includes proposed mitigation plans for the identified impacts to biological
resources in the southern and northern portions of the project. The City of Chula Vista will
consider this Addendum, included in Final ErR 90-02, when making decisions on the project.
This addendum, the response provided by San Miguel Partners on February 5, 1992 to
the Draft ErR (dated February 5, 1992), and the response to staff comments provided by san
Miguel Partners (dated September 25, 1992) provides the record from which the decision makers
can determine that the project complies with the applicable General Plan objectives.
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1.1.2 Description of the Mitigation Concept Plan
The Mitigation Concept Plan incorporates modifications into the Rancho San Miguel GDP
as a response to issues raised in Draft ErR 90-92 during the CEQA public review period.
Figure 1.1 illustrates the Mitigation Concept Plan for the southern portion of the project. This
plan does not affect or change the northern portion, which remains as it is proposed in ErR 90-
02. The southern portion was modified to incorporate 13 changes to the original GDP. These
changes are described below and are represented by a corresponding number on Figure I-I. The
planning areas referenced in the description are shown in Figure 3.1-6 of the Draft ErR.
1. Reali!!nment of SR 125. In response to comments from the City of Chula Vista,
the County of San Diego and the Buie Corporation, SR 125 has been realigned
to be consistent with the County's General Plan location for a prime arterial. The
alignment has been designated as a "Potential Transportation Corridor" because
the alignment for SR 125 has not been selected at this time.
2. Deletion of Interchan!!e. In response to comments from the City of Chula
Vista, the County of San Diego and the Buie Corporation, the proposed
interchange at San Miguel Ranch Road and SR 125 has been deleted from the
GDP thereby leaving the decision to CALTRANS to select an appropriate
interchange at a later date. This change is consistent with the Chula Vista
General Plan which does not show an interchange in this location.
3. Realignment of San Mi!!uel Ranch Road. In response to comments from City
staff and Jensen's Kennels, Inc, the western alignment of San Miguel Ranch Road
has been moved approximately 650 feet to the south. The original roadway
alignment crossed the Jensen's Kennels property, effectively requiring that the
kennel be relocated. The proposed alignment modification moves the roadway
off and to the south of the Jensen's Kennels property.
4. Relocation of Commercial Site. In response to comments from Jensen's
Kennels, Inc., SDG&E, City staff and public comments, the commercial site
originally proposed at the intersection of SR 125 and San Miguel Ranch Road has
been relocated to the southeast corner of East H Street and San Miguel Ranch
Road.
5. Replacement of Commercial Site. In response to comments from City staff,
County of San Diego, Jensen's Kennels, Inc. and public comments, the l6.4-acre
commercial site, which was originally proposed at the intersection of SR 125 and
San Miguel Ranch Road, has been replaced with large-lot residential units. The
relocation of San Miguel Ranch Road further south (paragraph No. 3 above)
creates a 33-acre site which is now proposed for 81 residential lots of 10,000
square feet minimum, at 2.4 dwelling units per acre.
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6. Enhancement of Slope Topography. In response to comments from City staff, the
County of San Diego and public comments, variations in slope topography have
been added between SR 125 and Planning Areas 2 and 3, which are located along
the western edge adjacent to the SR 125 alignment.
7. Otay Tarolant Preserve. In response to comments from U.S. fish and Wildlife
Service (USfWS), the County of San Diego, the California Department of Fish
and Game (CDFG), and public comments, a 15-acre Otay Tarplant preserve has
been added by eliminating Planning Area 11, a cul-de-sac located in the south
central portion of the site contiguous to the SDG&E easement, and 30 units or 10
acres in Planning Area 3, across from Planning Area II and along the SDG&E
easement. This creates an open space area on both sides of the SDG&E easement.
8. PubJic Facility Sites. In response to comments from City staff, two public facility
sites have been added to the GDP, one adjacent to Planning Area 12 and one
adjacent to Planning Area 15, north of East H Street.
9. Open Space Boundary Adiustment. In response to comments from City staff, the
Sweetwater Community Planning Group, the County of San Diego and public
comments, the open space boundary along the eastern edge of the project has
been adjusted to create additional open space by reducing the size of the
development area originally proposed in Planning Area 15.
10. Open Space Buffer. In response to comments from City staff and SDG&E, a new
open space buffer is proposed between the residential units at the northern edge
of Planning Area 14 and the SDG&E property adjacent to the north.
11. New Commercial Site. In response to comments from City staff, Jensen's
Kennels, Inc. and public comments, and as described in paragraph No.4 above,
the original commercial site has been relocated to the southeast comer of San
Miguel Road and East H Street. This change eliminated Planning Area 16 and
replaced it with a mixed use area (14-acre commercial site and 6 plus acres of
affordable housing).
12. Planning Area 14 Boundary Adiustment. In response to comments from City
staff, USFWS and CDFG, the biological issues resulting from the expansion of
the boundary for Planning Area 14 were mitigated to the satisfaction of USfWS
and CDFG. City staff has also determined that a GPA is not required for this
boundary adjustment.
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13. Lot Size Chan!!es. In response to City staff, and as a result of proposed
modifications to the commercial site area (paragraph No. 5 above) and the
redesign of Planning Area 8 from cluster to mid-size lots, the distribution of
residential lot sizes was modified, as follows:
Lot Sizes
Percentage of
Lots Area
3/4 acre minimum
15,000 sq. ft. minimum
10,000 sq. ft. minimum
9,000 sq. ft. minimum
7,000 sq. ft. minimum
23%
11%
5%
29%
32%
41%
11%
4%
24%
21%
1.1.3 Summary Comparison of Impacts
The changes in the Rancho San Miguel GDP mitigates some environmental impacts cited
in the Draft ErR for the southern portion. Northern portion impacts will remain the same.
The environmental issues affected by implementation of the Mitigation Concept Plan
include Land Use, Biology, Landform/Visual Quality, Transportation/Access, Parks, Recreation,
and Open Space. These issues are discussed in further detail below. The other environmental
topics analyzed in Draft EIR 90-02, including Archaeology/History/Paleontology, Geology/Soils,
Mineral Resources, Conversion of Agricultural Lands, Hydrology, Water Quality, Air Quality,
Noise, Community Social Factors, Fiscal and Public Services, will not change as a result of the
Mitigation Concept Plan and, thus, are not discussed in this Addendum.
1.2 ENVIRONMENTAL ANALYSIS
1.2.1 LandUse
Conformance to City of Chula Vista General Plan
The Draft EIR identified a number of General Plan consistency issues. These issues were
also outlined in a staff-prepared memorandum dated July 24, 1991, entitled "San Miguel Ranch
General Consistency Analysis." This analysis was then updated by staff in a March 24, 1992
issue paper entitled, "San Miguel Ranch General Plan Consistency Issues Report". City staffs
latest update is found in the staff report to the GDP hearing dated September 30, 1992, and in
an issue paper entitled "Mitigation Concept Plan General Plan Consistency Issues", which is an
exhibit to the staff report. Based upon this analysis, City staff has concluded that of the six
original issues, four General Plan conformance issues remain; and two of the issues have been
reduced in scope or can be further analyzed at the SPA Plan hearings, due to changes made in
the Mitigation Concept Plan. In addition, the project applicant has modified its position with
respect to two of the six outstanding General Plan issues. Specifically, the applicant has
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reconsidered its position with respect to lot sizes under "Character of Development" by agreeing
to redesign the minimum 8,000 square foot lots to minimum 9,000 square foot lots prior to SPA
Plan approval (see paragraph No. 1 below). The applicant will also adjust the lot sizes in
Planning Area 8 from clustered to mid-size lots, with the reduction in density of 9 units being
added to Planning Area 4. In addition, the applicant has agreed not to exceed the mid-point
density (see paragraph No.2 below). By making these three concessions, the General Plan
conformance issues have been reduced to four issues. They are: character of development
(Section 4.1, Land Use Element); establishment of residential densities (Section 6.2, Land Use
Element); clustering of residential development (Section 6.3, Land Use Element); and hillside
development (Section 6.5, Land Use Element). All six of the General Plan issues are discussed
further below.
1) Character of Develonment (Section 4.1 of the Land Use Element)
Section 4.1 of the General Plan establishes the residential land use categories and the
range of density permitted within the category. A Residential Low designation exists
over all of the project, excluding the small portion south of H Street. Section 4.1 states
that: "This category includes single-family detached dwellings on large rural, and estate-
type lots. This is the predominant character of existing residential neighborhoods within
and adjacent to the Sweetwater Valley."
The proposed project is located within the Eastern Territories Area Plan. With respect
to "residential character" section 5.1 of the Eastern Territories Area Plan states: "the
Eastern Territories is seen as an extension of the residential character of the existing
areas of Chula Vista. The predominant residential type is single-family detached in the
low and low-medium residential density categories. Neighborhoods that are characterized
by this single-family density are located throughout the Eastern Territories."
The General Plan does not restrict any lot size other than for clustered lots which must
be a minimum of 7,000 square feet. The proposed lot sizes in the Low Residential areas
of the project include:
a) 3/4 acre minimum, average I acre;
b) 15,000 square foot estate lots, average 18,750 square feet;
c) 10,000 square foot estate lots, average 14,000 square feet;
d) 8,000 square foot luxury lots, average 12,000 square feet; and
e) 7 ,000 square foot clustered lots, average 9,800 square feet.
Developments in the existing areas of the City and in the Eastern Territories
predominantly contain lots with frontages of 50'-60' and lot sizes ranging from a
minimum of 7,000 sq. ft. in the Residential Low category. Typical lots in the
Sweetwater Valley area range from a minimum of 9,000 sq. ft., although with expanded
lot widths. The applicant has used this information to propose wider lots than currently
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exist in the Eastern Territories, and lot sizes consistent with those in the Sweetwater
Valley area. Compared to the other Eastern Territories projects such as Sunbow, Rancho
del Ray, Eastlake, Salt Creek I and Salt Creek Ranch, the proposed lot sizes for Rancho
San Miguel are considerably larger than equivalent Eastern Territories development.
City staff has concluded that the proposed 8,000-sq. ft. minimum non-clustered lots is
inconsistent with the "large rural, and estate-type lots" called for by the Residential Low
category. During the City Council decision on the Salt Creek Ranch GDP the
recommendation for a "mid-size" lot was made. As a result, staff has determined that
a lot size of a minimum 10,000 square feet would be an appropriate mid-size lot. Staff
has also concluded that the distribution of the lots within the project should include at
least 50 % estate lots that meet the Residential Estate zone standard for size, 25 % or
more as "mid-size" lots, and 25% as clustered lots with a minimum lot size of 7,000
square feet.
The applicant has agreed to adjust the lot sizes from 8,000 sq. ft. to 9,000 sq. ft. and,
in Planning Area 8, from 7,000 sq. ft. to 9,000 sq. ft. This would change the lot size
from clustered to mid-size lots, and would result in a reduction of density in Planning
Area 8 of 9 units. These 9 units would be added to Planning Area 4, as additional
clustered lots. Through this adjustment, the lot size distribution would be as follows:
Minimum Number Percentage of
Lot Size of Lots Area Lots Area
Estate
3/4 acre 357 357.1 23% 41%
15,000 sf 174 92.4 11% 11%
Mid-Size
10,000 sf 81 33.1 5% 4%
9,000 sf 455 209.3 29% 24%
Cluster
7,000 sf 491 182.3 32% 21 %
As a result of the foregoing changes, the applicant has provided 34 % of the lots and 52 %
of the area as estate lots, 34 % of the lots and 28 % of the area as mid-size lots, and 32 %
of the lots and 21 % of the area as cluster lots. Although this is not fully consistent with
the staff recommendation, the overall lot sizing and area usage is reflective of the
character of development required by the Residential Low designation.
2) Calculation of Mid-Point and Density Transfer (Section 6.2 of the Land Use Element)
Section 6.2 of the General Plan states that a "transfer of density is permitted from an
open space area designated on the General Plan, within the boundaries of a project. This
density may be transferred to a residential development area at the rate of one dwelling
unit per 10 acres."
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The applicant proposes that the project's mid-point density be calculated so as to in
include a 35 dwelling unit transfer from designated open space on the northern Parcel to
the Southern Parcel. The issue is whether the south parcel is entitled to a transfer of 35
of the potential 149 dwelling units from the Northern Parcel's 1,490 acres of general
plan-designated open space.
When the Council designated a portion of the north parcel as Residential Low (during
the General Plan Update), it was staffs understanding that the Council intended to limit
the north parcel to a total development equal to the yield from the Residential Low
designation. This area is proposed for 357 dwelling units.
During the General Plan Update process, the applicant requested staff to add an
alternative to the General Plan Update ErR to evaluate changing the preliminary General
Plan open space designation on the north parcel to Low Residential with a small
conference center retreat. The alternative was evaluated in the General Plan Update EIR
and plans were submitted to the Planning Commission and City Council by San Miguel
Partners describing their development plan for the Northern Parcel. Based upon these
plans and presentations, the preliminary General Plan was changed and staff
recommended that 357.1 acres of Low Residential at an average density of I du/acre be
added to the Northern Parcel at the locations requested by the applicant. At no time
during the General Plan Update ErR evaluation nor during the discussions with San
Miguel Partners, nor during the public hearing process was there any discussion of
transferring density from the north parcel open space areas to the south parcel.
Therefore, the applicant's request for a transfer of 35 units from the Northern Parcel to
the Southern Parcel as part of the mid-point calculation is not granted based upon the
Council's General Plan Update action.
The applicant has agreed not to exceed mid-point density. The General Plan as
interpreted by staff and the Planning Commission does not allow the density transfer, and
therefore the applicant will reduce the density in the Southern Parcel Low Residential
area from 1,201 to 1,166 dwelling units unless the City Council reinterprets the General
Plan to allow the density transfer from the Northern Parcel open space to the Southern
Parcel.
3) Establishim! Residential Densities (Section 6.2 of the Land Use Element)
This section sets forth the criteria used in determining the appropriate gross density for
project implementation within any given range. The section states that: "There is no
density within the range which is assumed to be more desirable than any other, whether
that density be at the lower or higher end of the range. In establishing densities, a
primary objective is to achieve an overall density equilibrium. This achievement of
equilibrium is essential to the promotion of order, amenity, diversity, and urban vitality."
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The appropriate density for the proposed project is assumed to be "baseline" and "may
move toward the upper end of the range" depending upon the project's adherence to the
following issues:
a) Compatibility with existing and proposed surrounding land use patterns;
b) Sensitive response to the physical characteristics of the site; and
c) Achievement of a variety of housing types.
The proposed density in the Residential Low areas of the project is 1.7 units per acre
(1,558 units on 933.5 acres), a density which is below the "mid-point" of2 du/acre. The
project adheres to the stated issues as follows:
1. Compatibility with Existin!! and Proposed Land Uses
The existing and proposed land use patterns in the project area include developments in
the Eastern Territories such as Salt Creek I to the south at 6 du/acre, Bonita Meadows
to the west at an estimated 3-4 du/acre, and Salt Creek Ranch to the southeast at 3.6
du/acre. The proposed 1.7 du/acre for this project is therefore significantly less than the
density in adjacent projects.
While lot sizes in the neighboring Bonita area are larger (I acre minimum), the adjacent
northern parcel contains lots consistent with this lot sizing, and a buffer of half acre lots
is proposed on the small interface located on the northwest side of the southern parcel
adjacent to Bonita. The proposed lot sizes in the southern portion of the project are
considerably larger than those proposed or developed in the neighboring Bonita
Meadows, Salt Creek I and Salt Creek Ranch projects.
2. Sensitive Response to the Physical Characteristics of the Site
Section 6.2 examines five issues for analysis in determining the sensitive response of the
project to the physical characteristics, as follows:
a) Landform preservation. Neither Horseshoe Bend nor Gobbler's Knob fit within
Goal 5; Objective 20, 21 or 22 of the General Plan as being a significant natural
feature or landform that requires preservation. Further, neither is mentioned as
a prominent feature within Section 5.6 of the Eastern Territories Area Plan.
Finally, the landforms are not within designated open space areas as shown on the
General Plan. In fact, both Horseshoe Bend and Gobbler's Knob have been
designated as Residential Low on the General Plan Land Use Map.
The proposed grading of Horseshoe Bend and Gobbler's Knob is consistent with
the objectives of the General Plan, and the applicant's proposed Grading Plan
attempts to mirror the landform, indicating a sensitive response consistent with
the objectives of the General plan. In addition, approximately 25 acres of
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Horseshoe Bend will be preserved as open space within the project. The northern
portion of the site proposes minimal grading, using contour grading methods and
minimal site disturbance without mass grading.
b) Circulation Patterns The proposed street pattern is consistent with that required
in the Circulation Element, including the provision of the major arterial, San
Miguel Ranch Road.
c) Relationshio to Open Soace/Greenbelt Systems The project provides the final link
in the Chula Vista Greenbelt, and includes internal trails and pathways to provide
access to the residents to this major Greenbelt system. The proposed project also
preserves as open space areas designated for development under the General Plan,
including the preservation of over 25 acres of Horseshoe Bend.
The project will provide for the dedication of over 1,670 acres of open space,
constituting approximately 64 % of the project site.
d) Environmental Considerations and Natural Amenities The proposed project
preserves as undisturbed natural open space the landforms of Mother Miguel
Mountain, Wild Man's Canyon, and the ridgeline separating San Miguel Ranch
from Salt Creek Ranch as required by the General Plan.
Within the substantial 1,670 acres of natural open space there is the potential for
development of trails, equestrian paths, and permanent viewshed preservation.
e) Visual and Functional OuaJity. The abutting open space is well integrated within
the project, including access to the Chula Vista Greenbelt. The clustered area in
the southern parcel is centered around a school and park facility, with 3 radiating
wedges of greenbelt area to further enhance access to these facilities and for
visual aesthetics. The principal visual landforms of Mother Miguel Mountain and
the ridgeline separating San Miguel Ranch from Salt Creek Ranch are left in an
undisturbed state, maintaining visual integrity.
The proposed project respects site topography by creating a number of plateaus
in the southern parcel which match to the greatest extent possible the existing
topography, thereby minimizing visible slope banks. In the northern parcel,
minimal grading is proposed to ensure natural topography is respected.
4) Achievement of a Variety of Housing Types
The project provides lots with minimum 3/4 acre, 15,000 sq. ft., 10,000 sq. ft., 9,000
sq. ft., and 7,000 sq. ft. lots in 13 separate neighborhoods. The average lot sizes in each
neighborhood range from a low of 9,800 sq. ft. to a high of I acre. The diversity of lot sizes
within any given neighborhood provides for a variety of lot layouts and sensitive response to the
topography. Further, the proposed lot widths are considerably wider than currently exist within
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the Eastern Territories, ranging from minimum lot widths of 70 feet to 125 feet, and average
lot widths of 75-140 feet. This variety of lot widths and sizes will provide extensive diversity
in housing opportunities for a wide range of Chula Vista residents.
Further, the neighborhoods are integrated with transportation facilities, natural open
space, and surrounding land uses as to form a transition from the higher densities located to the
south, southwest and southeast of the project to the open space areas north and east of the
northern parcel.
The applicant has demonstrated compatibility with existing and proposed surrounding land
use patterns, a sensitive response to the physical characteristics of the site, and the achievement
of a variety of housing types consistent with the character of the range, at a mid-point density.
5) Clusterin!! of Residential Develonment. (Section 6.3 of the Land Use Element).
Section 6.3 states "The concept of residential clustering involves the aggregation of
dwelling units onto a reduced land area in order to achieve a more sensitive response to the site,
and provide additional amenity for the project residents, in the form of open space and
recreational opportunities." The General Plan encourages clustering of residential development
where the clustering accomplishes the following:
" I) Preservation of the natural landform ,
2) Aggregation of open space within the development for amenity and recreational
purposes; and
3) Enhancement ofland use order, visual and functional quality, and livability of the
project. "
The project meets these requirements as follows:
I) Preservation of natural landform - Since the General Plan designates Horseshoe
Bend and Gobbler's Knob as being within areas specifically designated for
residential development in the Land Use Plan, the preservation of over 25 acres
of Horseshoe Bend is the appropriate use of aggregation of dwelling units on a
reduced land area. In addition, the set-aside of 10 acres for an Otay tarplant
preserve creates an additional open space area being maintained in its natural
state.
2) Aggregation of open space within the development for amenity and recreational
purposes -- The clustered areas are focused around a school and park facility
consisting of approximately 32.6 acres, with numerous greenbelts radiating out
from the central core. Surrounding the cluster are additional open space areas
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through the preservation of Horseshoe Bend and the biological preserve, creating
enhanced open space opportunities for the residents. The greenbelt areas range
in width from 50-200', providing numerous mini park opportunities as well as
connections to the Chula Vista Greenbelt System.
3) Enhancement of land use order, visual and functional quality, and Livability, of
the project -- The project has preserved over 35 acres as additional open space,
all of which is currently designated for residential development. In addition, the
proposed greenbelt system including the central common green of 31 acres,
enhances land use order and visual and functional quality and, through the
linkages to the Chula Vista Greenbelt System, livability, while providing a
community focus.
Design elements have been specifically incorporated to maintain the character of
the clustered area. Average lot sizes of 9,800 square feet result in a density
range from 1.7 to 3.1 du/acre, well below the maximum density of 4.5 du/acre
permitted under the General Plan. Finally, proposed minimum lot widths of 70'
is a standard far in excess of other Eastern Territories developments where
average lot width is 50-60'. Approximately 38 % of the project units are
proposed for clustering on 28 % of the development area, and are subject to
significant design guidelines to ensure the project maintains its Residential Low
character. The aggregated open space at 30% of the clustered land area compares
favorably to the recent Council approval of Salt Creek Ranch where only 12%
and 19% of the clustered area was aggregated open space in Neighborhoods 7B
and 8, respectively.
6) Hillside Develonment (Section 6.5 of the Land Use Element)
Section 6.5 states "It is the intent of the General Plan to focus urban development on the
City's mesa land and respect, preserve and maintain natural, topographic features. Significant,
highly visible hillsides in particular are a fairly rare topographic feature in the general plan
area."
Figure 1-3 of the General Plan indicates that the southern parcel is within the rolling hills
and broken mesas area on which "the intent of the General Plan" is "to focus urban
development" .
The significant landforms are defined in Goal 5, Objective 20, 21, and 22 of the General
Plan, in addition to Planning and Design Proposal 5.6 of the Eastern Territories Area Plan.
Section 6.5 provides in subsection 6(f) further guidelines as to significant hillsides that should
be preserved. None of the foregoing sections specifically require Horseshoe Bend and Gobbler's
Knob to be preserved, nor do those two landforms fit within the designation of a unique finger
canyon, area of native trees or mature man-made groves, rock outcroppings, or ridgeline and
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dominant topographic feature that is highly visible from adjacent public areas or a part of an
open space linkage system, as required in Section 6.5.
The applicant has attempted to sensitively grade the southern portion of the property
including clustering development, mirroring existing topography with its grading, varying lot
sizes, placing streets in relationship to existing contours, using landform grading techniques,
minimizing large cuts and fills, and preserving the landforms of Mother Miguel Mountain and
the ridgeline between San Miguel Ranch and Salt Creek Ranch.
7) Land Develonment (Section 7.7 of the Land Use Element)
Landform grading is defined as "a contour grading method which creates artificial slopes
with curves and varying slope ratios designed to simulate the appearance of natural surrounding
terrain. tI
The Mitigation Concept Plan modifies the proposed slopes interfacing between planning
Areas 2 and 3 and the potential transportation corridor to more fully reflect landform grading
techniques. The north parcel consists of entirely landform grading techniques.
Much of Horseshoe Bend consists of slopes of 2: I or greater steepness, making it
infeasible to develop housing within the existing topography. Further, the number of minor
finger canyons also eliminates design options in dealing with the existing site. In order to
maintain lower density overall on the project and to maximize lot sizes, thereby producing a
"significant contribution to the high quality site planning goals.. .established overall by the
General Plan," the applicant has proposed grading of Horseshoe Bend in a manner consistent to
result in a simulation of the appearance of the surrounding natural terrain and the pre-existing
condition of Horseshoe Bend. As approved by the Planning Commission at the Telegraph
Canyon Estates GDP, the appJicant is proposing a maximum height of 30' on the internal slopes
throughout the graded plateaus in the southern parcel. Final analysis of the landform grading
techniques used will be undertaken at the SPA Plan review level.
1.2.2 Transportation/Access
The relocation of the commercial site from the intersection of SR 125 and San Miguel
Ranch Road would route more local traffic generated by the project onto East H Street, adjacent
to other existing commercial areas, rather than on San Miguel Road. At the GDP level, traffic
impacts are evaluated in relation to the adopted General Plan and potential changes in traffic
projections. The Draft ErR concluded that the project will only minimally increase traffic in the
area, as compared to the General Plan traffic projections, and impacts were not considered
significant. Local and interim project traffic/access patterns are evaluated at the SPA level when
more detailed land use and traffic plans are available. Therefore, although moving the
commercial site is an improvement, the relocation of the commercial site does not mitigate any
significant impacts identified in the Draft EIR.
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1.2.3 Parks, Recreation, and Open Space
The Draft EIR identifies three areas where the proposed residential development
encroaches into the greenbelt/open space land use designation. The Mitigation Concept Plan
deletes the encroachment within two of these areas,and it is the recommendation of staff that
development in the third area, a portion of Planning Area 14, be allowed. The proposed
expansion would have no adverse impacts upon the General Plan, the biological concerns have
been mitigated, and since the General Plan lines are meant to allow for flexibility, such an
adjustment may be undertaken without the need for a General Plan Amendment.
1.2.4 Biological Resources
The Mitigation Concept Plan proposes a preserve for the Otay Tarplant in the south
parcel where the most dense population currently exists, and a redesign of a portion of the
southern project in Planning Area 15 whereby a portion of the development area is left as open
space in order to reduce impacts to the San Diego Barrel Cactus. In conjunction with the
foregoing, the applicant is proposing a comprehensive southern mitigation plan. Table 3.3-8 of
the Draft ErR contains a list of mitigation measures for individual species located on the project.
The southern mitigation plan represents the consolidation of information previously presented
in numerous letters and meetings or which has been previously committed to by the applicant
and for which an agreement as to the acceptability of mitigation has been reached with the
federal and state resource agencies, except where noted.
A reduction in the identified impacts in the northern parcel could take place through
adoption of a mitigation plan incorporating a redesign, consistent with Table 3.3-8 in the Draft
EIR. However, the applicant has not agreed to a redesign incorporating the guidelines set forth
in Table 3.3-8 due to the lack of specificity of the measures outlined in Table 3.3-8. The
applicant has utilized Table 3.3-8 as a basis for the preparation of a proposed mitigation plan
for the northern parcel. This northern mitigation plan includes defined criteria to enable a
redesign to be undertaken prior to SPA Plan approval. Such redesign would be included in a
Supplemental ErR on the SPA Plan, and the City of Chula Vista, as lead agency, shall retain
final discretionary review and approval authority. The proposed mitigation plans are outlined
below.
1. SOUTHERN MITIGATION PLAN
Introduction
Where measures proposed are considered to be of substantial overall benefit, but for
which either the City or one or both resource agencies still consider the impact not to be
mitigated to below a level of significance under CEQA, this has been noted. In some instances,
mitigation relies on continued development of specific details at subsequent phases of the
environmental process. Where this occurs, a mitigation planning framework has been developed
13
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at the GDP level to provide a means of assuring a minimum threshold of mitigation is completed
and to provide a context for further development of the mitigation measures.
1. Significant Impacts of South Parcel Development
The south parcel mitigation plan is designed to offset the following significant adverse
biological effects of development. Impacts not identified are considered to be indicative of
habitat qualities and are not independently significant:
1.1 Vegetation and Habitats
1.1.1 Diegan Sage Scrub
Impacts to approximately 156 acres of Diegan Sage Scrub (93 acres is of gnatcatcher
occupied habitat and 63 acres of unoccupied habitat) would occur as a result of the development
of the southern parcel of San Miguel Ranch.
1.1.2 Wetlands
Impacts to dry marsh and mulefat shrubland wetlands totaling approximately 0.5 acres
(direct) and 1.1 acres (indirect encroachment) would occur within the southern development
area.
1.2 Sensitive Flora
1.2.1 California Adolphia
Impacts to approximately 345 individuals of California Adolphia would occur under the
GDP development envelope footprint.
1.2.2 Coastal Barrel Cactus
Impacts to an estimated 1,867 Coastal Barrel Cactus would occur.
1.2.3 Otay Tarweed
Impacts to approximately 144,000 plants of Otay Tarweed are expected as a result of the
proposed development. Populations are widely scattered throughout the southern development
area and the southern portion of the northern development area.
1.2.4 San Diego Marsh Elder
Impacts to approximately 30 individuals of San Diego Marsh Elder would occur within
the southern development parcel.
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.3 ,,4
1.2.5 Southwestern Spiny Rush
Impacts to approximately 15 individuals of Southwestern Spiny Rush would occur.
1.3 Sensitive Fauna
1.3.1 California Gnatcatcher
Impacts to 6 pairs of California gnatcatchers would occur as a result of the proposed
southern parcel development.
1.3.2 Coastal Cactus Wren
Direct impacts to one pair of Coastal Cactus Wren would occur as a result of the
proposed southern parcel development.
2. Mitigation Measures for South Parcel Development
2.1 Vegetation and Habitat
2.1.1 Diegan Sage Scrub
The mitigation of Diegan Sage Scrub is to be accomplished by a combination of
preservation in both the north and south parcels to a total of 2: I preservation to impact ratio for
sage scrub habitat. In addition, habitat is to be identified and preserved in a manner which
replaces sage scrub occupied or suitable for occupation by California gnatcatchers by habitat that
is also occupied by gnatcatchers. Where habitat is unoccupied then replacement may be suitably
accomplished by preservation of similarly unoccupied habitat identified on-site. The preservation
of habitats is to be accomplished in the following manner:
Impacted Habitat Ratio Replacement Area South O.S. North O.S.
93 acres (occupied) 2:1 186 ac (occupied) 33 ac. 186 ac.
63 acres (unoccup) 2: I 126 ac (unoccup) 113 ac. 126 ac.
156 acres (total) 2:1 312 ac (total) 146 ac. 312 ac.
Mitigation areas indicated do not include scrub habitats occurring within SDG&E
easements. In addition to the set aside of this habitat, mitigation of the other resource impacts
including those to cactus wrens and barrel cactus will result in the need to perform enhancement
within open space areas. This will occur within the south parcel open space area and will
enhance the quality of this habitat along currently cleared roadways and fringing grassland
habitats. Enhancement efforts are discussed under each of the appropriate species specific
mitigation measures. See attached Figure I for identification of the concept sage scrub
15
.!> -IS
preservation areas. Final mitigation area identification would be subject to requirements for
habitat type preservation and required gnatcatcher pair preservation.
This mitigation program is in conformance with general standards of replacement outlined
for mitigation of Diegan Sage Scrub habitat on the southern development parcel during a 6 May
1992 meeting at the City of Chula Vista and a letter dated August 10, 1992 from the Department
of Fish and Game. Acreages have been increased to meet the USFWS requested 2: I ratio.
Habitats have, however, been reconfigured to maximize preservation benefits to other sensitive
species requiring mitigation (i.e., barrel cactus), while not substantially increasing committed
mitigation lands. As a mitigation standard the following is proposed:
The final defined and recorded open space shall include no less than 186 acres of
gnatcatcher occupied sage scrub and no less than 126 acres of unoccupied sage
scrub habitat (substitution of occupied acreage is acceptable). A total of 9 pairs
of California Gnatcatchers shall be preserved within the recorded mitigation area.
2.1.2 Wetlands and Waterways
Mitigation of wetland impacts is to be primarily accomplished by avoidance measures.
It is estimated that 0.5 acre of dry alkaline marsh occurs within the southern parcel in an area
which cannot be avoided by the project work. In order to compensate for this impacted habitat,
additional wetlands of a similar type will be creased within an area designated as open space in
the southwestern portion of the north parcel (Figure I). This area totals approximately 10 acres
and supports a very narrow channel bounded by non-native grassland upstream of an existing
pond. This mitigation site would involve the reconfiguration of the northern development
envelope at this location to eliminate encroachment by 5 lots.
A small detention basin is to be constructed on this channel to create a seasonal
impoundment pond. The basin will be revegetated by Mulefat, San Diego Marsh Elder, and
Southwestern Spiny Rush. Similar habitat occurs elsewhere on this channel and as such, it is
expected that such mitigation may be readily accomplished in this location. Mitigation is to be
completed on a 1: 1 area and value basis as recommended by the DErR.
2.2 Sensitive Flora
2.2.1 California Adolphia
To compensate for the proposed impacts to approximately 345 individual plants of
California Adolphia, the Draft ErR calls for the preservation of 50 % of this species in biological
open space. To achieve this mitigation goal, the proposed project would include a mitigation
area supporting a population with an estimated total of 350 plants in the southwestern portion
of the northern parcel (Figure I). In addition, a population estimated to support approximately
40 shrubs would be incorporated into the open space on the eastern portion of the southern
parcel (Figure 1). The results of this mitigation would be to set aside a total of 390 plants as
16
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south parcel mitigation for impacts to 345 plants (53 % preservation). In both instances, the
plants would be preserved away from development (the reconfiguration of the northern
development envelope at this open space would eliminate lots adjacent to the mitigation area)
and therefore management measures beyond open space fencing area not required.
As further mitigation beyond that specified in the Draft ErR, populations are to be
enhanced by the planting of young Adolphia seedings in the periphery of the preserved
populations. Special restoration attention will be paid to disturbed areas including trails,
roadways and weedy clay grassland habitat adjacent to these populations. This species is also
to be used as a buffer plant around preserve Otay tarweed populations. The Adolphia persists
in areas of similar soils to that of the Otay tarweed and the thorny growth form of the Adolphia
would provide an opportunity to create both valuable and functional buffer plantings around
some of the Tarweed preserve fields.
California Adolphia Mitie:ation Program Guidelines
The following guidelines are to govern the treatment of Adolphia mitigation areas within
the San Miguel Ranch site. Specific mitigation detail is to be developed at the SPA Plan level
in conformance with the following standards:
I. Open space designated as NI is to be fenced in a manner acceptable to the City
along all sides of the open space which face roadways. Fences which define the
owner usable portion of the development envelope shall be of a wooden or block
wall construction type and shall be installed prior to the sale of any individual
lots. Fences adjacent to wildlife crossings shall be set back from the edge of the
road no less than 25 feet and should be open to allow large mammal crossing.
2. All fuel management activities are to occur within the pad and identified limits
of owner use areas adjacent to all open spaces, but specifically open space Nl and
S4 for the purpose of the Adolphia mitigation program.
3. Not less than 300 seeding Adolphia shall be planted around the periphery of the
preserved population occurring in the NI open space. Plants shall be of either
a liner/plant band or I gallon container size. Planting shall occur no later than
December of the first year following initiation of grading within the southern
parcel. All transplanting shall occur during the winter rainy season to maximize
plant establishment and growth potential.
4. Transplanted Adolphia shall be monitored annually in the spring for a period of
3 years to ensure successful establishment and continued growth. Success shall
be determined by the survival and growth over the 3 year period of no less than
30% of the plants. Annual monitoring reports shall be submitted to the City
within one month of each monitoring event.
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5. Long-term intenance of fencing shall be requir as part of the mitigation
program.
2.2.2 Coastal Barrel Cactus
Of the 2,892 barrel cactus occurring in the south parcel, an estimated 1,647 cacti would
be impacted by the proposed project. A full 1,380 (74%) of the cactus lost are attributable to
the East H Street alignment as dictated by broader scale planning efforts which cannot be readily
modified. The Draft EIR calls for an in situ preservation of specific populations of cacti in the
northern parcel. However, the DFG have given a target of 60% preservation with a transplant
of the remaining cacti into open space as their threshold for significance. Both objectives may
be met on-site through the establishment of open space in the north and southern parcels. A
total of 1245 cacti can be preserved on site in the southern parcel and 490 cacti shall be set aside
for on-site preservation in the northern parcel as permanent open space. This total of 1735 cacti
preserved on site meets the 60% target preservation level of DFG. This preservation would
occur in open space parcels N2, N3, N4 and SI, S3 and S4, as shown in Figure I,.
The estimated 1,647 cacti anticipated to be impacted by the southern parcel development
would be transplanted to roadways, trails and margins of existing cacti stands in the south parcel
S4 open space. Salvaged plants are to be transplanted into existing areas of the south open space
in a manner which assists in restoring disturbed roadways currently occurring on the crest of the
southern knoll. The combination of preservation of open space in the south and transplantation
of plants in the south will serve to mitigate impacts to the species. The transplantation of barrel
cactus has been demonstrated to be successful in a number of areas, most recently the Otay
Business Park on Otay Mesa adjacent to the International Border, which showed that
approximately 90 percent of the plants survived over the 3 year period since transplanting. In
addition, many ofthese have new off-spring and the population seems to be in a stable condition.
Coast Barrel Cactus Mitigation Program Guidelines
The following guidelines are to govern the mitigation of coast barrel cactus within the
San Miguel open space. These criteria address open space protection and transplant techniques
and receive site designations. The guidelines also identify requisite monitoring and success
criteria for transplanted materials.
1. No less than 1,735 cacti shall be preserved in situ within open spaces designated
as N2, N3, N4, Sl, S3, and S4.
2. Open space SI , S3, and S4 shall be individually fenced on the development area
side to prevent general access into these open space areas. Fences which define
the owner usable portion of the development envelope shall be of a wooden or
block wall construction type and shall be installed prior to the sale of any
individual lots. Fences along roadways or along the SDG&E easements should be
18
J-IB"
set back from the edge of the roads no less than 25 feet and should be of an open
nature to allow large mammal crossing.
3. All fuel management activities are to occur within the pad and identified limits
of owner use areas adjacent to all open spaces.
4. The limits of grading shall be established by flagging and erection of a single
strand heavily flagged construction fence around the entire perimeter of all
disturbance areas. Prior to the initiation of grading, all identified barrel cactus
within proposed areas of grading shall be marked on the north side for orientation
and salvaged for transplanting. A mitigation monitor shall inspect the site
following completion of the salvage operation to ensure that all identified cacti
have been removed for subsequent transplant. Once the city has determined that
all cacti have been removed, grading shall be allowed to proceed.
5. Salvaged cacti shall be transplanted into suitable sites along the ridgeline within
the S4 mitigation area. Care is to be taken to ensure proper orientation of the
cacti to prevent sunburning of the plants. It is estimated that .038 acre of suitable
receiver area shall be required within the open space in order to pant cacti on an
average density of I cactus/m2. This open space supports numerous roadways
through ridges bounded on both sides by cacti. The target restoration areas
would be these roadways.
6. Restoration sites shall be protected from vehicular traffic by directional signage
and use of barrier posts to block access through the restoration area. Large
cholla cacti are to be used around the barriers and throughout the roadway to
develop habitat for cactus wren mitigation and will also serve to curb vehicular
traffic. Areas are to be further seeded with an open sage scrub seed mix to
include: deerweed (Lotus scoparius), white sage (Salvia apiana); and plantain
(Plantago erecta) to assist in eliminating the appearance of a roadway, while not
resulting in a competitive dominance of tall statu red shrubs. This area does not
naturally support dense vegetation, so it is unlikely that such will naturally
develop over time.
7. Restoration efforts shall be monitored annually in the spring concurrent with the
Adolphia monitoring for a period of 3 years and shall document the status of the
mitigation site. Success shall be the survival of no fewer than 75 % of the
transplanted cacti and the general trend towards recovery of abandon roadways
in a manner which would suggest long-term recovery of the site. Annual
monitoring reports shall be submitted to the City within one month of each
monitoring event.
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2.2.3. Dray Tarweed
The DEIR has determined impacts to Otay Tarweed to be. significant and unmitigable
under the proposed plan and given the population sizes, distribution, and abundance of Otay
Tarweed populations on the southern development area, only a substantial project redesign would
result in the mitigation thresholds identified for reducing impacts to a less than significant level.
The DEIR calls for an 80% preservation or a minimum of 65% preservation combined with a
subsequent transplant program.
Mitigation measures for this species have attempted to incorporate concerns for long-term
defensibility and viability of the proposed preservation areas. As mitigation, a reduction in the
development envelope is proposed in the southwestern portion of the site and a designation of
open space is proposed to include tarweed populations (open spaces Sl, S2, and a small portion
of S3). The primary Otay tarplant mitigation site is to be created by the expansion of open
space within the south along the SDG&E right-of-way as both the right-of-way and the adjacent
area to be preserved support large dense stands of Otay tarplant. Approximately 10 acres of
residential development opportunity will be set aside and 5 acres of open space proposed as a
development opportunity will be left as open space for a total of 15 acres, in addition to the
existing SDG&E right-of-way of approximately 8 acres (not counted toward project mitigation)
(open space S2). This open space expansion will provide mitigation for this species and is
anticipated to be viable for the long-term as the area will be fenced to prevent encroachment by
adjacent residents or by off road vehicle traffic and will be managed for the enhancement of the
species. Although this species is an annual and numbers fluctuate significantly from year to
year, the proposed mitigation area would include approximately 42,000 (29 %) of the 144,000
plants occurring within the southern parcel. An additional 11 ,000 plants occur outside of the
development area and within the SDG&E easement corridors. The mitigation program has
specifically targeted the most extensive and robust population of tarweed for preservation and
management. Rejuvenation and management of the preserved tarweed populations is to be a
focus of the mitigation program. The mitigation program proposed for this species is outlined
below; however, the impact to this resource cannot be mitigated to below a level of significance
even with implementation of this mitigation program.
Otay Tarweed Mitigation Program Guidelines
This program would require on-going funded efforts in order to ensure the long-term
viability of the preserved tarweed populations. This program fails to meet the CEQA specified
mitigation objectives and as such a finding of overriding considerations would need to be
adopted in order to approve the proposed project.
I. Mitigation area S2 shall be protected by a fence as deemed appropriate by the
City's biologist. The fence shall be gated by keyed access to allow for SDG&E
to their existing utility easement. . The easement area shall be fenced with a
barbed wire fence to restrict general access by SDG&E into the tarweed reserve
20
3,2,0
areas. The periphery of the site should be posted to notify the public of the
presence of rare species.
2. Fuel management shall be conducted solely outside of the mitigation area.
3. Plant materials to be used in the adjacent areas are to be of a non-invasive nature
and shall be subject to review by a qualified biologist prior to approval of a
specific plan. All species shall be confirmed to be compatible with the
surrounding area. Native species are favored for this purpose.
4. Interior to the restoration area fence, a direct management program is to be
undertaken to remove aggressive competitive exotic species including thistle and
to replace these plants with compatible native elements typical of clay field
environments. Weedy species are to be removed prior to their going to seed in
the late spring. A seed mix of Purple Needlegrass, Blue Dicks, and Otay tarweed
is to be dispersed on the site during the month of November. Bulbous species
should also be planted if available. Around the periphery, planting shall include
adolphia shrubs to further restrict access and general use of the site.
5. The surrounding areas shall be drained away from the site using brow ditches and
irrigation systems should be designed to prohibit any overcasting into the site.
6. Intermittent sheep grazing may be used as a part of the management program for
the site. Grazing shall be managed by a trained biologist to ensure that seed has
been dropped prior to allowing grazing to occur. This grazing may occur for a
period of up to two to four weeks per year.
7. An annual monitoring and maintenance program shall be implemented to ensure
that exotic weeds are kept under control and the fencing is maintained. This
program shall be funded as a part of the maintenance assessment district. Work
is to be undertaken only by a qualified biologist with experience in managing rare
plant populations.
8. A Memorandum of Agreement will be entered into by DFG and the developer
relative to management of the species within the preservation areas at the SPA
Plan level of CEQA review, and consistent with the foregoing conditions.
2.2.4 San Diego Marsh Elder
San Diego Marsh Elder is to be used as a primary component in the creation of a 0.5
acre wetland mitigation site within open space area N1. This species has been used very
successfully in restoration programs and has been planted by seed as well as by container units.
The mitigation program shall ensure that a minimum of 1: 1 numerical replacement of plants
impacted shall occur within the created wetland area. The mitigation area shall use both seed
21
1.2/
range using standard vegetation transect methodology to determine plant cover, height, and
frequency distribution of various elements.
Enhancement for coastal cactus wrens by transplantation of large cholla cactus has shown
promise in the Poggi Canyon cactus transplant, in which cactus moved in 1990 were occupied
by one nesting pair of coastal cactus wrens in 1992. The nest supported eggs and young early
in the season, however neither the adults or young could be located in July. For this reason,
it is unknown whether this pair successfully fledged young this year.
Coastal Cactus Wren Mitigation Program Guidelines
The following parameters shall form the basis for studies to be conducted on the on-site
coastal cactus wrens and shall form the basis for the final cactus wren mitigation program
development. In that a study to document characteristics of wren habitat is to precede the
determination of the ultimate appropriate restoration measures for this target species, the
guidelines below should be considered a working framework with minimal milestones to be
finalized at the subsequent specific plan stage.
I. Three pairs of coastal cactus wrens are to be protected within the S4 open space
identified in Figure 1. This open space is to be fenced along the development
sides to prevent general access.
2. A monitoring program shall be implemented to characterize habitat requirements
of coastal cactus wrens. The study shall include an analysis of the three cactus
wren pairs in open space S4 as well as the one pair to be impacted in the southern
development area. The monitoring program shall run for a period of one year
commencing in October 1992. An interim report shall be prepared to detail the
results of the first 6 months of monitoring. This report shall be completed no
later than May 1993 and shall be submitted to the City, USFWS, and CDFG.
The results of this report shall be used to establish mitigation criteria for SPA
approvals. A final report is to be completed no later than December 1993 and
shall form the basis for final mitigation designs and grading permit issuance in
the development area supporting the cactus wren pair. The program shall include
the following:
a) Weekly monitoring and horne-range use studies of each of the 4 territories
shall be conducted for a period of no less than 2 hourslterritory/interval.
Monitoring periods are to be staggered to ensure all diurnal periods are
covered for each pair. Studies are to include a documentation of activity
budgets (ie. foraging, displaying, defending, roosting, breeding, etc.) , an
identification of time spent on each primary plant taxa occurring within
the territory, and an identification of horne-range size, shape and location
over the course of the year using occurrence frequency data.
23
.3 . "2. 30
b) Vegetation characterization of each horne-range is to be completed during
the pre-breeding spring months of 1993. This work shall include a
documentation of percent composition of various elements, frequency
distribution of elements, height structure, and similarity between
territories. Work is to be completed along 50 meter line intercept
transects distributed randomly within horne-ranges. The number of
transects to be used in each territory shall be determined based on
territory size and homogeneity.
c) An analysis of existing territory sizes and composition and
recommendations for restoration of a territory within open space S4 as a
compensation territory. This recommendation shall be based on observed
activities and conditions within occupied territories and shall include a
consideration of "favored" habitat elements and territorial boundary
interactions. The report shall also consider existing restoration technology
and shall make recommendations as to the most appropriate restoration
techniques to maximize success. This report shall include a habitat
restoration plan which provides specific guidance on creating a suitable
habitat for cactus wrens and appropriate maintenance, monitoring and
success milestones.
3. Residual Significant Effects
With the implementation of these mitigation measures, the DEIR mitigation conditions
and issues raised by the U.S. Fish and Wildlife Service and California Department of Fish and
Game are believed to be met for the south parcel development program with the exception of
the outstanding significant loss of Otay Tarweed and Palmers' Grappling Hook. The program
includes measures which will require further consideration and specificity at the Sectional Plan
Area Plan level. These include the following:
1. Refinement of the Diegan Sage Scrub open space preservation boundaries to
insure the specific inclusions of all resource elements necessary to meet mitigation
requirements.
2. Development of a site specific mitigation plan for the creation of 0.5 acre of
wetlands in open space Nl.
3. Development and approval of a specific mitigation plan for coastal cactus wren
habitat based on the results of the interim report on the cactus wren study.
24
3 .. 2. '"
II. NORTHERN MITIGATION PLAN
Introduction
As indicated in Tables 3.3-5 (habitat impacts), 3.3-6 (plant impacts) and 3.3-7 (wildlife
impacts), the project, as proposed, would significantly impact sensitive vegetation habitat, six
sensitive plant species and two sensitive wildlife species. Specifically, the proposed project
would significantly impact the following:
1. Diegan coastal sage scrub;
2. Dry marsh and mulefat shrubland wetlands;
3. Non-native grassland containing sensitive plant species;
4. California gnatcatcher;
5. Cactus wren;
6. Otay tarplant;
7. Coast barrel cactus;
8. Palmer's grappling hook;
9. California adolphia;
10. San Diego marsh elder; and
11. Spiny rush.
The biological significance of the Northern Parcel from a regional standpoint is
acknowledged. The Draft ErR states on Pg. 3-3-27 that:
"The Rancho San Miguel site supports one of the richest and most diverse
assemblages of unique and sensitive biological resources in Southern California.
Thirteen sensitive plant species and twenty sensitive animal species are known to
occur on the project site. Additionally, the site is potentially the single largest
concentration of California gnatcatchers in southern California, and may support
the largest known population of Otay tarweed in San Diego County. Regionally
significant populations of coast barrel cactus and San Diego cactus wren are also
present on site. Individually, many of the 33 sensitive species found on the site
would be considered significant resources. The high diversity and large
population sizes of these resources compounds the significance of the site for
biological resources.
The location of the site is also important in that it lies within a larger block of
contiguous open space to the north, east and south, and is adjacent to one of the
largest populations of the federally endangered least Bell's vireo, which occurs
along the upper reaches of the Sweetwater Reservoir. The northern portion of
the project is contiguous with an existing gnatcatcher population occurring
throughout the Sweetwater River Valley to just above Singing Hills Golf Course
that likely exceeds 150 pair. This could represent as much as 10 percent of the
U.S. population of gnatcatchers. The northern portion of the site serves as a
25
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major movement corridor between the Otay Mesa area to the south and the
Sweetwater Reservoir."
Because the proposed project is at a General Development Plan ("GDP") level of review,
a "worst case" approach was used to identify impacts to biological resources to the entire
project. This approach assumed that each entire lot within the large lot development areas in
the north would be fully impacted by development.
Under the California Environmental Quality Act ("CEQA"), the measures which could
minimize identified impacts to biological resources in the northern parcel include the adoption
of alternatives to the proposed project, or the adoption of a mitigation plan incorporating a
redesign of the northern parcel. Two of the project alternatives identified in the Draft EIR, the
biologically sensitive alternative and the south only development alternative, would eliminate all
proposed development in the northern parcel. Under each of those alternatives, the entire 1,852-
acre northern parcel would be part of an open space area encompassing Mother Miguel
Mountain. See, Draft EIR, Section 5. These two alternatives would eliminate impacts to
sensitive species and biological corridors in the northern parcel.
Aside from the identified project alternatives, a reduction in the identified impacts could
take place through adoption of a mitigation plan incorporating a redesign of the northern parcel.
The project applicant is proposing to reduce identified impacts to biological resources through
adoption of a mitigation plan for the northern parcel.
The mitigation plan for the northern parcel is intended to be developed further at the SPA
Plan level of review, which is the next phase of the environmental review process for the
project. At the initial GDP level of review, however, it is important to establish the mitigation
criteria and planning framework to ensure that a programmatic mitigation plan is provided. In
this way, the planning context is in place for completion of the mitigation plan at the SPA Plan
level. The final mitigation plan will be open to subsequent review and environmental analysis
by the City of Chula Vista, federal and state reviewing agencies and all other interested persons.
The mitigation plan, which will be made part of the applicant's Sectional Planning Area
("SPA") Plan, shall satisfy all of the criteria set forth below.
Mitigation Plan
1. Commitment to Prepare Mitigation Plan
The project applicant shall prepare a SPA Plan-level mitigation plan that incorporates a
redesign of the proposed development in the northern parcel, emphasizing a resource preserve
design. Coordination with personnel from the U.S. Fish and Wildlife Service ("USFWS"), the
Department of Fish and Game ("DFG"), the City of Chula Vista and the County of San Diego
shall take place during preparation of this mitigation plan. The SPA Plan-level mitigation plan
shall be prepared, analyzed and included in a Supplemental Environmental Impact Report
26
~'2..Cp
("EIR") for the applicant's SPA Plan. The City of Chula Vista, as the lead agency, shall retain
final discretionary review and approval authority with respect to the mitigation plan and
Supplemental EIR for the SPA Plan.
The SPA Plan-level mitigation plan shall not be approved prior to May 1, 1994 the date
by which the South County Natural Community Conservation Plan ("NCCP") is anticipated to
be adopted by the City of Chula Vista and approved by the DFG and USFWS. In the event that
the South County NCCP is not adopted and approved by the City of Chula Vista, the DFG and
USFWS on or before May I, 1994,the project applicant and the City have agreed to pursue
completion and approval of the South County NCCP beyond this expiration date; however, after
the expiration date, the applicant may make a request to the Chula Vista City Council to
consider allowing the applicant to proceed with a SPA-level mitigation plan. It is acknowledged
that the foregoing time period relating to the SPA-level mitigation plan does not apply to or
restrict the applicant's processing of a SPA Plan for the southern parcel.
It is further acknowledged that:
a) The SPA Plan-level mitigation plan and the South County Natural Community
Conservation Plan are not necessary or required for the northern parcel or any
other subsequent discretionary project approval in the event the northern parcel
is subsequently dedicated as permanent open space or included in a mitigation
bank.
b) The SPA Plan-level mitigation plan shall be considered prior to annexation of the
northern parcel into the Chula Vista corporate boundary.
c) Preparation of the SPA Plan-level mitigation plan shall be a condition of approval
of the San Miguel Ranch GDP, consistent with the criteria set forth below.
2. Criteria to be Used in Evaluating the Mitigation Plan
The South County NCCP, if completed and approved, may preclude development of the
northern parcel, or may provide for different criteria and standards for the preservation and
enhancement of on-site biological resources. If it does not, the criteria set forth below shall be
used in creating the SPA Plan-level mitigation plan.
In preparing the SPA Plan-level mitigation plan, the project applicant shall use the
guidelines set forth below as the applicable criteria for mitigating impacts to the identified
biological resources in the northern parcel. The following criteria shall constitute the minimum
level of preservation required for the designated species in preparing the SPA Plan-level
mitigation plan. The applicant also specifically acknowledges that the actual level of mitigation
could be as much as 100 percent preservation for some species in order to achieve a finding that
the impacts fall below a level of significance under CEQA and that the City may require this
27
J'-:&.7
level of mitigation. This significance determination shall be made a part of the Supplemental
EIR for the applicant's SPA Plan.
(i) Diegan coastal sage scrub Impacts to on site coastal sage scrub cannot be
mitigated with the project as proposed. Sensitive
species that are a part of this habitat onsite include
important populations of coast barrel cactus,
Munz's sage, California gnatcatcher and cactus
wren. These species are concentrated in the coastal
sage scrub habitat designated for development under
the project, as proposed. The project must be
redesigned to preserve at least 85 % of all onsite
coastal sage scrub habitat in contiguous,
unfragmented areas. Any loss of coastal sage scrub
shall require mitigation on site through the creation
of open space preserves at a mitigation ratio of 4: I,
and subject to a long term maintenance and
management program or, if on-site mitigation is
infeasible or inadequate, may require either
restoration of disturbed coastal sage scrub habitat
on-site, or acquisition of off-site mitigation areas at
a ratio of at least I: I, subject to a long term
maintenance and management program. This
measure will reduce, but not completely avoid,
significant and unmitigable impacts. Reduction to
insignificance can only be attained through onsite
preservation of all coastal sage scrub on the
northern parcel. While the range of potential on-site
and off-site mitigation measures is greater than that
proposed for the southern parcel, it is justified by
the greater bio-diversity on the northern parcel,
which makes this area a much more important
regional location for Diegan coastal sage scrub
habitat.
(ii) Wetlands Impacts to wetlands cannot be mitigated with the
project as proposed. The wetlands occur within the
site drainages of the north parcel. At the GDP
review level, the worst case scenario for impacts
was assumed within large lot development areas in
the northern parcel which included the assumption
that each entire lot would be impacted by
development. The Draft EIR specifically notes that
impacts in the northern parcel can be reduced
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(iii) Non-native grassland
(iv) California gnatcatcher
significantly, and that impacts must be avoided to
the extent practicable. The reduction of impacts
would occur during the SPA Plan review level, and
any impacts may require a 1603 agreement and
possible a 404 permit. Until these minimization
measures are resolved at the SPA level, a specific
revegetation plan cannot yet be developed.
The recommended mitigation replacement ratio is a
minimum of I: 1. This ratio is based upon the
generally low to moderate quality of wetland
habitats being impacted, and is not inconsistent with
acceptable mitigation measures for impacts to
similar quality wetlands in southern California. The
ratio is considered the minimum to meet the "no net
loss" criteria for both federal and state reviewing
agencies.
See below for mitigation criteria relating to
Palmer's grappling hook and Otay tarplant.
Impacts to the California gnatcatcher cannot be
mitigated with the project as proposed. Mitigation
for losses of the California gnatcatcher can be
accomplished only through dedication of important
tracts of the species' habitat into natural open space.
These tracts must be linked in a network to allow
for the birds' dispersal, maintenance of populations
sufficiently large to be self-sustaining, and
population recovery after the fires which inevitably
sweep through native scrub. Because Rancho San
Miguel is a major part of a core habitat, reductions
to below a level of significance can be
accomplished only through a project redesign that
leaves a significant majority of the pairs and their
habitat in natural open space. The project shall be
redesigned to leave at least 80% of the exiting
pairs, 80% of occupied gnatcatcher habitat, and
50% of unoccupied potential breeding gnatcatcher
habitat in natural, contiguous, unfragmented open
space. Any losses of existing pairs, occupied
gnatcatcher habitat, or unoccupied potential
breeding gnatcatcher habitat shall require mitigation
onsite through the creation of permanent open space
29
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(v)
(vi)
preserves at a mitigation ratio of 2: 1, and subject to
a long term maintenance and management program,
or, if on-site mitigation is infeasible or inadequate,
may require acquisition of off-site mitigation areas
at ratio of at least I: I, subject to a long-term
maintenance and management program. This
measure will reduce, but not completely avoid,
significant and unmitigable biological impacts.
Reduction to insignificance can only be attained
through onsite preservation of all existing pairs,
occupied gnatcatcher habitat, and unoccupied
potential breeding gnatcatcher habitat on the
northern parcel. While this mitigation "ratio of 2: I
is greater than that proposed for the southern
parcel, it is justified by the greater bio-diversity on
the northern parcel, which makes this area a much
more important regional location for California
gnatcatchers.
Cactus wren
Impacts to the cactus wren cannot be mitigated with
the project as proposed. To reduce, but not
completely avoid significant and unmitigable
impacts, the project must be redesigned to impact
no more than one pair of cactus wren. All
remaining occupied cactus thickets containing six
pairs of cactus wrens shall be placed within
contiguous biological open space. In addition,
cactus stands which are to impacted by the project
will be transplanted to expand and enhance the
cactus wren populations in areas adjacent to existing
populations in the north. To determine the
appropriate mitigation area, a qualified biologist
shall monitor the activity patterns of the impacted
cactus wren and in the remaining territories in the
north to determine boundaries of the home ranges
and to characterize the important elements of home
range usage. Subsequent to the restoration, the
mitigation area shall be monitored for a period of
three years to ensure successful establishment of the
habitat. Existing occupied thickets lie in the west
central and north portions of the north section.
Otay tarplant
Loss of such a large population of Otay tarplant
cannot be mitigated with the project as proposed.
30
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(vii) Coast barrel cactus
(viii) Palmer's grappling hook
Therefore, if a significant adverse impact is to be
avoided, a minimum of 80 % of this plant species
should be retained in open space, including the
areas supporting the largest number of Otay
tarplant. For impacts which go beyond the 20%
recommended above, a vegetation/restoration
program could be implemented which would
examine the potential for re-introducing this species
into disturbed areas within proposed open space for
the project. Any restoration efforts would require
working closely with the CDFG. A minimum of
65 % of the Otay tarplant shall be retained in situ in
open space, even if a restoration program is
implemented. Such a redesign would reduce
impacts to this species to below a level of
significance. No revegetation or restoration of the
Otay tarplant should be considered as a mitigation
option until it can be demonstrated that such
measures will produce long term populations.
Loss of such large populations of barrel cacti cannot
be mitigated with the project as proposed.
Therefore, if a significant adverse impact is to be
avoided, the areas supporting the largest numbers of
barrel cacti should be excluded from the
development area. These areas are in the west-
central and northwest parts of the north section.
Project redesign to avoid these areas would reduce
impacts to below a level of significance. A
minimum preservation level of 60% in situ and
transplantation of the remaining cacti to proposed
open space areas on site shall be required. Analysis
of whether impacts are reduced to below a level of
significance shall be undertaken prior to SPA
review.
Significant impacts to this plant cannot be mitigated
with the project as proposed. The project should be
redesigned to retain at least 50% of the areas where
most of the Palmer's grappling hook occurs as
biological open space. These areas are in the west-
central parts of the northern section. Use existing
easements as possible enhancement areas.
Redesigning the project as suggested would reduce
31
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impacts to this species to below a level of
significance.
(ix) California adolphia
Significant impacts to this plant cannot be mitigated
with the project as proposed. The loss of significant
populations of this plant can be reduced only by
excluding the important plant patches from the
development area. The project should be
redesigned to protect at least 50% in biological
open space. Such redesign would reduce impacts to
below a level of significance.
(x) Marsh elder
Wetlands on site should be avoided to the extent
practicable. Unavoidable impacts could be
mitigated through a revegetation program.
(xi) Spiny rush
Wetlands on site should be avoided to the extent
practicable. Unavoidable impacts to spiny rush
could be mitigated through enhancement of wetland
areas to include revegetation of spiny rush.
3. Additional Mitigation Measures
In addition, the mitigation plan shall incorporate the following general mitigation
measures to further reduce impacts to the identified biological resources upon implementation
of a redesign of the northern parcel.
The potential loss or degradation of wetland habitat is considered significant by CDFG.
Any filling of wetlands would require a 1603 agreement between the project applicant and
CDFG. A pre-discharge Notification would have to be submitted to the Army Corps of
Engineers (ACOE) if statutory thresholds are exceeded, and a 404 permit may be required.
A no net loss of wetland habitat is required by CDFG and ACOE. rmpacts to wetlands
must be avoided to the extent practicable. Impacts within the project can be reduced by
placement of wetlands occurring within proposed residential lots in open space easements and
providing adequate buffers. Where impacts cannot be avoided, every effort should be made to
minimize these impacts. All unavoidable impacts shall be mitigated by on site creation of wetland
habitat. Drainages that receive run-off from housing may be considered for the location of
created wetlands. Minimization of impacts could be accomplished with a comprehensive
program to replace and enhance wetland habitat under a wetland revegetation plan created by
a wetland revegetation specialist and approved by CDFG and ACOE, if necessary, and the City
of Chula Vista. Total created wetland would have to be at a replacement ratio of a minimum
of I: 1.
32
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Graded areas along roadways shall be hydroseeded with native plant species consistent
with surrounding natural vegetation. This would help to minimize erosion and runoff, as well
as improve the area aesthetically by making it visually compatible with adjacent natural areas.
As part of this effort, a revegetation plan shall be developed with the help of a revegetation
specialist with experience in coastal sage scrub and similar habitats. The Revegetation Plan shall
be prepared by the applicant and a qualified biologist.
The use of non-invasive plants in landscaping areas adjacent to open space will be
required for all areas outside of actual lot boundaries. Additionally, homeowners will be
encouraged to use non-invasive species in their landscaping adjacent to open space.
Iceplant (Carpobrotus aequilatralus or C. edulis) shall not be used in lieu of fire-resistant
native revegetation due to the slope failures associated with it. Importation of this plant
introduces fire ants, which are known to reduce native harvester ant population through
competition and displacement. In addition, fire ants are unpalatable to the San Diego horned
lizard and their introduction would reduce horned lizard populations.
Grading activities within 100 feet of areas of identified California gnatcatcher pairs, or
their associated coastal sage scrub habitat, shall not be conducted during the breeding or nesting
season (mid-March through July annually). Grading activities shall be supervised by a biologist.
Site preparation activities, especially staging area operations and maintenance rows for
heavy machinery, shall be restricted to areas not being placed in open space. Carelessness on
the part of equipment operators can result in the destruction of areas that have been designated
for preservation. Areas adjacent to open space shall be fenced. A debris fence shall be installed
prior to excavation in areas where grading is up-slope of sensitive biological habitats. These
recommendations should be incorporated into a construction monitoring program approved by
the City of Chula Vista.
Compliance with state regulations (California AB 3180) requiring monitoring programs
for development projects would require satisfaction of the following two objectives:
I. The final site plan must be reviewed by a qualified biologist for the City
of Chula Vista and by CDFG for compliance with these mitigation
measures and must also be approved by the City Council, upon
recommendation of the Planning Commission, in conjunction with the
Sectional Planning Area (SPA) Plan.
2. Each phase of project implementation must be reviewed by a qualified
biologist for compliance with the mitigation measures required for that
phase, and a report must be filed prior to notice of completion.
33
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4. NCCP Requirement
The mitigation plan shall be consistent with the sub-regional Natural Communities
Conservation Planning Program (NCCP) for Coastal Sage Scrub in southern San Diego County,
otherwise known as the South County NCCP, unless the applicant is granted permission by the
City Council to proceed with the SPA-level mitigation plan pursuant to the procedure established
in Section I above (after May 1, 1994).
The project applicant, the City of Chula Vista and the County of San Diego have each
entered into "Enrollment Agreements" with the DFG for the South County NCCP Plan. This
Plan, which is authorized by state law (Fish and Game Code subsection 2800 et seq.), is
sponsored by the California Resources Agency and the DFG and will be implemented in
cooperation with the USFWS. Close cooperation between the three agencies in the NCCP
process is ensured through a Memorandum of Understanding entered into between the agencies
on December 4, 1991.
The South County NCCP Plan is intended to identify and provide for the sub-regional
protection and perpetuation of coastal sage scrub habitat and designated "target" species
supported by that habitat while, at the same time, allowing compatible and appropriate
development and growth, as set forth in Section 1805 of the Fish and Game Code. The purpose
of enrolling in this plan is to: (a) complete the field surveys, research and planning necessary
to prepare a long-term habitat management plan within the designated preserve area; and (b)
protect enrolled coastal sage scrub habitat during the 18-month planning period for the plan,
which began on May I, 1992.
The South County NCCP Plan is also intended to be consistent with the findings and
declarations contained in the enabling legislation. These findings declare that the NCCP process
will achieve a number of significant public benefits, including: (a) promoting coordination and
cooperation among public agencies, landowners and other private interests; (b) providing a
mechanism for landowners and development proponents to effectively participate in the resource
conversation planning process; (c) providing regional planning focus which can effectively
address cumulative impact concerns, minimize wildlife habitat fragmentation and promote
multiple species management and conservation; (d) providing an option for identifying and
ensuring appropriate mitigation for impacts on fish and wildlife; an option for identifying and
ensuring appropriate mitigation for impacts on fish and wildlife; (e) promoting the conservation
of broad based natural communities and species diversity; and (f) providing for efficient use and
protection of natural and economic resources while promoting greater public awareness of
important elements of the state's critical resources.
To implement these legislative findings, the planning process will focus on preparation
and approval of the South County NCCP plan to ensure the long-term protection and
perpetuation of sufficient amount of coastal sage scrub habitat within a designated preserve area
to ensure the long-term survival of designated "target" species associated with that habitat. The
34
i - ~J'
target species for coastal sage scrub include the California gnatcatcher, cactus wren and orange-
throated whiptail.
Figure I is a Concept Plan of the San Miguel Ranch site. This figure shows the
boundary of the northern portion of the project which has been enrolled in the South County
NCCP Plan.
The applicant has alr~dy completed biological field surveys and is continuing to study
the northern parcel as required by the Scientific Review Panel (SRP), which was formed in
connection with the recently enacted NCCP legislation. Any additional biological field surveying
will be consistent with those guidelines to be applied to the property and approved by the SRP.
The South County NCCP Plan will include the following components: (a) a sub-regional
habitat description and analysis (with clearly mapped boundaries); (b) defined preserve areas;
(c) long-term conservation and management strategies; and (d) techniques for implementation
of coastal sage scrub habitat protection measures, including a mitigation monitoring program that
complies with CEQA.
The City of Chula Vista shall review the approved South County NCCP Plan as it applies
to the applicant's northern parcel concurrent with its approval of the SPA Plan for the Northern
Parcel. During that review process,the City will consult with the County of San Diego, State
Department of Fish & Game (DFG) and U.S. Fish & Wildlife Service (USFWS) to the extent
that the approved NCCP provides for such review. The City Council shall make the final
determination that the proposed SPA plan for the Northern Parcel is consistent with the approved
South County NCCP.
The review and final approval process for the South County NCCP Plan is anticipated
to take place within a 24-month NCCP planning period, which commenced on May 1, 1992 and
expires on May I, 1994. After the expiration date, the applicant may make a request to the
Chula Vista City Council to consider allowing the applicant to proceed with the SPA-level
mitigation plan.
ANALYSIS OF SIGNIFICANCE
At the GDP review level, the impacts to the biological resources on the Southern Parcel
shall be construed as significant and unmitigated. However, it is acknowledged that the City
will review the mitigation plan for the Southern Parcel at the SPA Plan level to determine
whether or not the criteria set forth in the southern mitigation plan is satisfied. If the criteria
is satisfied at the SPA Plan level, it is further acknowledged that all impacts to biological
resources on the Southern Parcel will be mitigated to below a level of significance with the
exception of impacts to the Otay Tarplant and Palmer's Grappling Hook.
Until the mitigation plan for the Northern Parcel is fully completed, and until that plan
is incorporated and analyzed in a Supplemental ErR for the applicant's northern SPA Plan, the
35
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proposed development of the Northern Parcel shall be construed as resulting in significant,
unmitigated impacts to the identified biological resources. At the SPA Plan review level, a
subsequent CEQA "significance" determination shall be made as to whether the redesign of the
Northern Parcel would result in mitigating impacts to the identified biological resources to below
a level of significance.
If the criteria is not met at the SPA level, the impact will remain significant.
36
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