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HomeMy WebLinkAbout2006/11/21 Item 13 CITY COUNCIL AGENDA STATEMENT Item' 1..3 Meeting Date: 11/21/06 ITEM TITLE: PUBLIC HEARING: Consideration of a Tentative Subdivision Map application filed by Villas Del Mar, LLC and known as Villas Del Mar, Chula Vista Tract 04-06 for 10 single family residential lots on 2.06 acres on the west side of North Del Mar Avenue between C street and Brisbane Avenue RESOLUTION: of the City Council of the City of Chula Vista adopting Mitigated Negative Declaration and Mitigation Monitoring Program 1S-04-022, and approving and establishing conditions of Tentative Map for Villas Del Mar, Chula Vista Tract 04-06. SUBMITTED BY: Director of PI/ and Building ~ REVIEWED BY: City Manager il (4/5 Vote: es No_X-.J This is an infill subdivision to develop a 2.06 acre, elongated rectangular parcel into 10 single family residential lots, and one common lot containing the access driveway and common landscaping areas ("Project"). The Project is located at 160 North Del Mar A venue within a well- established single-family residential neighborhood ("Project Site"). The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study in accordance with the California Environmental Quality Act. Based upon the results of Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by, or agreed to by, the applicant would avoid the effects or mitigate the effects to a point where clearly no significant impacts would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 1S-04-22. RECOMMENDATION: Adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 1S-04- 022; and approve Tentative Subdivision Map, Chula Vista Tract 04-06 in accordance with the findings and subj ect to the conditions contained in the attached Draft City Council Resolution. BOARDS AND COMMISSION RECOMMENDATION: On March 6, 2006, the Resource Conservation Commission (RCC) determined that the Initial Study prepared for the Project was adequate, and recommended adoption ofthe Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 1S-04-022. 13-1 Page 2, Item: 1..3 Meeting Date: 11,f?1fOh On May 10, 2006, the Planning Commission considered Rezone and Tentative Subdivision Map applications to change the eastern 200 feet of the Project Site,from R-I to R-IP6, Residential Single Family, Precise Plan, 6,000 square-foot lots, and subdivide the property into 12 single- family residential lots, one corrunon lot containing the private access drive and a common open space lot (see Attachment 4). Due to the shape and topography of the Project Site, the Precise Plan guidelines prepared for the Proj ect included certain deviation from the municipal code. These deviations included: reduction in minimum lot size and increase in allowable building height. The 12-lot subdivision provided lots ranging in size from 4,291 to 5,061, with an average lot size of 4,650. After hearing staffs presentation and public testimony, the Planning Commission expressed concerns about number and size of the lots, the number of deviations necessary to accorrunodate the Project and the compatibility of the proposed development with the existing surrounding single-family residential neighborhood. Area residents in attendance also expressed concern about the potential negative impact the Project could have on the surrounding area, including traffic and on street parking. Based on these concerns, the Planning Corrunission voted unanimously (5-0) to recommend denial of the Project to the City Council (see Attachment 4.) Subsequently, the applicant worked with city staff to resolve the issues raised at the hearing and made significant changes to the Project. The revised Project design achieved three major changes: I) reduced the number of lots from 12 to 10; 2) increase the lot sizes and the overall average lot size from 4, 650 sq. ft. to 7,040 sq. ft. consistent with the underlying zone; and 3) eliminate the previously requested deviations from the CYMC and consequently the need to rezone the easterly 200 ft. of the Project Site and Precise Plan guidelines. With these changes, the project is substantially more compatible with the existing residential neighborhood and consistent with the CYMC and Chula Vista Subdivision Ordinance (CVSO). Based on the above, the applicant requested to go back to the Planning Corrunission for consideration of his revised Tentative Map and obtain their endorsement before the City Council hearing. Pursuant to Section 2.04.570(B) of the Chula Vista Municipal Code (CYMC), staffrescheduled the project for Planning Corrunission reconsideration. On October 18, 2006, the Commission reconsidered the revised Tentative Subdivision Map application, and after hearing staffs presentation and public testimony, added draft condition requiring sidewalks on at least one side of the private drive throughout the project (see Attachment 3, PC Meeting Minutes). The Commission then approved the Project by unanimous vote (5-0-1, Clayton absent), recommending the City Council approve the Tentative Subdivision Map based on the findings and subject to the conditions contained in the draft City Council Resolution with the added condition requiring sidewalks (see draft City Council Resolution, condition 17). 2 13-2 Page 3, Item: t 3 Meeting Date: '1j?1jOIi PUBLIC INPUT: In preparation for Planning Commission reconsideration of tlle Project, city staff scheduled a neighborhood meeting on September 7, 2006. The purpose of the meeting was to present the Project changes and obtain input from concerned citizens. While the neighbors acknowledged that positive changes have been made to the Project, they were still concerned about guest parking, emergency vehicle access and increase traffic on local streets. Gnp.st p"rking The concern is whether there is an adequate number of guest parking spaces within the Project? If not there could be an impact on the neighborhood streets. Staff explained that the Project provides 10 designated guest parking spaces and long driveways to accommodate additional guests parking for special events. Combined, the Project could accommodate between 29 and 40 spaces which staff believes is adequate. Fm~rE~nc.y Vp.hir.lp. Ar.c.p.~~' The concern revolve around the adequacy of the private road width (24 f1.) to accommodate emergency vehicles and trash trucks. Staff indicated that the Fire Department and Waste and Recycling Manager had reviewed the revised design and found the private drive adequate to provide emergency and service vehicle access. Tr"ffi~ on T o~"l Strp.p.ts' Concern was expressed by residents over existing traffic on local streets in the area and the impact additional vehicle trips from the proposed subdivision could have. (See Section on Traffic/Off-Site Circulation below) DISCUSSION: Project Site Characteristics Except for an existing occupied single-family residence on the easternmost portion of the site (near North Del Mar Avenue), the site is vacant and fenced with chain link fencing. The Project Site is an elongated shaped parcel (661 ft. long x 80-155 ft. wide) located on the west side of North Del Mar Avenue between C Street and Brisbane Avenue (see Locator Map). Access to the site is possible from North Del Mar Avenue at the eastern end of the parcel and future Third Avenue along the west side. However, Third Avenue is currently a "paper street" (a street that appears on city maps, but is not constructed). Third Avenue is not planned to be improved in the near future due to the current narrow right-of-way width, slope condition and difficulty acquiring the additional right-of-way to meet city standards. A 24 ft. wide reciprocal access easement runs along the north property line serving the subject site as well as the northerly adjacent parcels (see 13-3 Page 4, Item: 13 Meeting Date: 11/?Vnh Tentative Map, Attachment 7. Surrounding Land Uses .. The Project Site is surrounded by single-family homes, apartments and a mobile home park. The table below describes the surrounding land use designations, zoning and existing land uses in more detail: Location General Plan Zoning Existing Land Use Designation Residential- Low RIP6 (except SFDNacant Medium (RLM) easternmost 200 feet currently zoned RI) Residential- Low RI Single Family Medium (RLM) Residential Residential-Low RI/R3GD. Single Family MediumlResidential - Residential! Apartments Medium (RLM/RM) Residential - Low RI Single-Family Medium (RLM) Residential Residential-Medium Mobile Home Park Mobile Home Park (RM) (MHP) Site North South East West Proj ect Description The Project consists of removing the existing house and subdividing the Project Site into 10 single-family residential lots, ranging in size from 5,805 to 8,657 square-feet, and one common lot containing the private road and common landscaping areas. The average lot size is approximately 7,040 square feet. Grading The grading consists of terracing building pads with elevation difference ranging from 2 to 17 ft. (see Tentative Map, Attachment 7). A 24 ft wide access road, which meanders from north to south and terminates on a cul-de-sac provides access to each individual lot. The road slopes approximately 50 ft from North Del Mar Avenue to the center of the cul-de-sac. The steepest slope is approximately 12%, which is permitted for private access roads. Concrete paving will be used to maintain proper vehicle traction. 4 13-4 Page 5, Item: 13 Meeting Date: lV?lfO/i In order to minimize the impacts to the eXIstmg topography while at the same time accommodating the proposed private road through the project, the developer has proposed seven "split level" lots whereby the retaining walls will be incorporated into the residential structure. All seven of the proposed split-level lots (Lots 4-10) contain a 12-foot difference in elevation between the upper and lower pad. The overall grading program proposes 1,500 cubic yards of cut and 12,500 cubic yards of fill for a total import of 11 ,000 cubic yards. The fill dirt is required in order to provide level and split level building pads large enough to be compatible with the surrounding existing development. Analysis: Sitp. rnn~tr~;ntc:: The proposed project is constrained by the following factors: . rnnfiv'r"tinn- The parcel is long (661 feet) and narrow(155 feet wide), with only 80 feet of frontage along North Del Mar Avenue. . Tnpngr"pny-The existing site contains steep terrain which slopes downward to the west. . Acc~,,-Since the applicant only owns a portion of the joint easement at the northern edge of the property, the proposed 24 foot wide private street, Villas Del Mar Court, contains a portion centered along the existing easement and remainder entirely within the project site. The easterly 220 feet of Villa Del Mar Court is proposed to be centered within the existing easements that combine to serve not only the subject property but also adjacent properties to the north. The remaining approximately 300 feet is proposed entirely within the subject site and terminates in a cul-de-sac containing a 90 foot diameter turn-around for service and emergency vehicles. This private street terminates approximately 130 feet in from the western edge of the project site. Although the western edge of the project site is adjacent to North Third Avenue, at this point Third Avenue is a "paper street" and not suited for improvement to provide access (see discussion under Access/On-Site Circulation). Sllhr1;v;C::;OT1 Dec::;.e;:n The eastern 200 foot portion of the site will contain two lots approximately 7,000 square feet in size in order to ensure compatibility of lot sizes (Lots 1 and 2) with existing surrounding lots. Lots 5, and 7 are below 7,000 square feet, which is allowed per section 19.24.080 of the CYMC. This section specifies that 10% of the total number of lots may be a minimum of5,000 sq. ft. and 20% 6,000 sq. ft. as long as the overall average is at least 7,000 square feet. In this case, the 5 13-5 Page 6, Item: 13 Meeting Date: 11/?1jOh average lot size will be 7,040 square feet. Letter Lot "A" contains the 24-foot access driveway, guest parking bays and common landscape areas. A rr~~~/()n_~ itp, rirr.ll1::lti nn Access to the project will be via a 24 foot wide private drive connecting to North Del Mar Avenue. A twenty foot wide driveway to each lot will be provided off of this private drive. The terminus of the private street will be a cul-de-sac containing a 90 foot diameter turn-around that has a concentric 30 foot diameter planter area. The cul-de-sac standards proposed are the same as those required for public streets. Section 3-404.1 of the City's Subdivision Manual allows private streets subject to the following criteria: 1) their use is logically consistent with a desire for neighborhood identification and control of access, and where special overall design concepts may be involved; 2) the use of private streets shall be limited to cul-de-sacs and to minor local streets not carrying through traffic and those with a projected traffic volume not exceeding 800 ADT; and 3) private street designations shall be subject to review and approval by the Planning Commission and the City Council. The use of a private street minimizes the impacts to the surrounding areas in order to help maintain the existing topography of the area. Private streets allow for steeper grades than a public street would allow. As shown in subsequent discussion, an additional 90 ADT's are projected with this project, well below the 800 ADT maximum. By providing a private street ending in a cul-de-sac, there will be no concern about through traffic. The Fire Department has reviewed the proposal and has determined that the proposed turn-around radius meets Fire Department requirements. Although North Third Avenue abuts the western edge of the property only half of the needed right-of-way width for public residential street (30-feet) has been granted for a public street. There are currently no street improvements in place. The applicant is not proposing and staff does not support the use of Third Avenue as providing access to the development. Staff is requiring twenty-foot paved access for sewer maintenance purposes beginning at the terminus of the on-site cul-de-sac in a westerly direction to the property line and then in a northerly direction along North Third Avenue approximately 500 feet (see Attachment 6, Figure 1). However, widening of the Third Avenue easement in order to create a public road would be difficult due to both topographic constraints as well as potential negative impact to the mobile home park located to the west. Further, if an access road were to be provided by the applicant along North Third Avenue, there is no room to provide a turn around that would meet the requirements of the Engineering, Fire and Public Works Departments. Tr"ffidnff-S;t~ rir~1I1Mion A number of residents living near the project site have expressed concerns both in writing and verbally at the neighborhood meeting of September 7, 2006 regarding project traffic impacts to 6 13-6 Page 7, Item: 13 Meeting Date: , 1/?',!Of; the area (see Attachment 5). Although a traffic study was not required for this Project, staff consulted with the City's Traffic Engineering Division who subsequently conducted some traffic counts in the area and who provided the following summary analysis. The proposed project is 10 single family homes with one existing single family home to be demolished. Therefore, the traffic impacts are for the net additional 9 homes. Using a trip generation rate of 10 vehicle trips per home assumes a total project traffic impact of approximately 90 vehicles per day. Engineering staff completed traffic counts in the area of the subject project. From March 22 through March 24, 2006 traffic counts were completed on North Second Avenue between Bayview Way and Shirley Street. Also, speed and volume counts were conducted on North Del Mar Avenue between Vista Del Mar Court and Nixon Place. The results of the data are as follows: North Second Avenue North Second Avenue has an average daily traffic count of approximately 7,287 vehicles per day. Of this total 3491 (48%) were in the northbound direction and 3796 (52%) in the southbound direction. The percentage split shows that it is approximately evenly distributed. Since North Second Avenue is a collector street, it circulates localized traffic as well as distributes traffic to and from arterials and other collectors to access residential areas. The roadway design capacity is 7,500 vehicles per day according to the City's Subdivision Manual. At 7,287 trips per day, the roadway is under design capacity and within design limits. This means that the roadway has moderate volumes but would have minimal delays throughout most of the day and minimal to some minor delays during certain peak hours of the day. The delays during the peak periods would primarily be traffic queued up at the all-way stop sign at the intersection of North Second Avenue and C Street. North Del Mar Avenue The residential street North Del Mar Avenue has an average daily traffic count of approximately 167 vehicles per day. Of this total 101 (60%) were in the northbound direction and 67 (40%) in the southbound direction. The percentage split shows that it is almost a 2:1 ratio for northbound versus southbound vehicles. Since North Del Mar Avenue is a residential street, which is meant to be the roadway that generates local trips, the roadway design capacity is 1,200 vehicles per day. The volume today is 14% of the design capacity and with the project, all of the traffic has to utilize North Del Mar Avenue. The traffic volume with the project increases to 23% of the design volume. This 23% figure represents a level of service "A" (less than 60% design capacity) which means that the roadway would still not be expected to have any delays since the low volumes would mean that conditions are generally free flow throughout the day. It would take approximately 720 vehicles per day for the level of service on this street to decease to level 7 13-7 Page 8, Item: 13 Meeting Date: 11j?1/0h of service "B", which would still be acceptable. The speed count data showed that on this 25 MPH roadway.northbound speeds averaged 18 MPH and 85% of the vehicles were at 24 MPH or lower. F'or the southbound direction, the average speed was 21 MPH and 85% of the vehicles were at 28 MPH or less. The southbound direction has a downward grade as it approaches the stop sign at the T -intersection with C Street. Bayview Way Bayview Way is a residential street with no curb improvements and one-lane in each direction. According to the City's Subdivision Manual, design capacity is 1200 Average Daily Trips (ADI's). A recent traffic count conducted at the project frontage showed ADI's of 167 vehicles per day. Therefore, with the project's anticipated 90 trips per day increase, expected volume of traffic on Bayview Way will be less than 300 vehicles per day, which is still acceptable on this local street. The proposed increase in project traffic impacts on the level of service of Bayview Way would not change from level of service "A". The City's Subdivision Manual design criteria for streets states that residential streets should provide access to not more than 120 tributary dwelling units. This project area has approximately 62 dwelling units and with the project, the total will increase to 73 dwelling units served by the existing three access points; Bayview Way, Shirley Street and North Del Mar A venue. Since the design criteria also states that single family residential development shall not exceed 120 residential lots unless two points of access are provided and there are three points of access, the proj ect does not create any traffic impacts on the local roadway network. The three access points serve to better distribute the local traffic in this area. P"rkinr A two car garage is required and proposed for each of the 10 units. No parking will be allowed along the private drive. The applicant is proposing 10 guest parking spaces on site, in two parking bays, four spaces at the northwest edge of Lot 2 and six spaces at the cul-de-sac (see Tentative Map, Attachment 7). In addition, there is room for approximately 3 on-street parking spaces along N. Del Mar Avenue lot frontage. While no parking will be allowed along the private drive, the individual access driveways could provide additional opportunities to accommodate guest parking. The site could potentially provide for a combined total of between 29 and 40 guest parking spaces see Attachment 6, Figure 2) In order to affirm guest parking availability, the following restrictions would be required in the Covenants, Conditions, and Restrictions (CC&R's) for the project: . Garages must be free and clear to allow for parking of 2 vehicles at all times . No on-street parking along private drive . Driveways should be available to provide opportunities for parking of 2-4 guest vehicles. 8 13-8 Page 9, Item: 1.3 Meeting Date: 11,/71,10ii Staff finds the proposed provision for guest parking more than adequate. In this particular instance, more guest parking will be accommodated than in a typical subdivision which does allow for on- street parking. The combination of one marked guest space per lot and the potential additional parking on individual driveways could accommodate at least two additional guest spaces provides a total of at least 3 guest parking spaces per unit. On-street parking for a subdivision providing public street access, usually has room for only I to 2 parking spaces along the street for each lot. In addition, the applicant will require the new homeowner to sign an agre=ent at the time of purchase of the lot, accepting the CC & R's rules and regulations, which will include restrictions noted above. nr~in:::l~p. Stormwater will be collected within the roadway with curb inlets, and from private property with the use of catch basins and culverts, with provisions for easements where required. The collectable storm water will be directed to a proposed underground detention system and will be discharged-controlled before exiting at the northwest corner of the property. From this point, the stormwater will flow over the surface on Third Avenue as it had done in the past. The development will be required to comply with City's NPDES requirements and all water quality issues. Public Facilities .water The Sweetwater Authority has indicated there is a 6-inch main located on the east side of North Del Mar Avenue. The owner will need to install a water main to this project. To date, the owner has signed and returned the Authority's design requirement letter and paid the requested deposit for engineering review. S= There are currently no sewer mains abutting the property that would allow for gravity-type flow. The applicant proposes an off-site sewer main extension through the Third Avenue right-of-way to the northwest. They will connect to an existing manhole approximately 267 feet northwesterly within the Third Avenue right-of-way, and install a public 8" PVC sewer main, with concrete encasement for the shallow installation up to the southwest corner of the site, then easterly into the proposed Villas Del Mar Court cul-de-sac, and thence traverse up Villas Del Mar Court until terminating in front of proposed Lot 1. In addition, the developer will construct a 15 ft. wide roadway surface along the length of the portion of Third Avenue that will be served by the 9 13-9 Page 10, Item: J.=:> Meeting Date: 11/?VOh proposed line in that right-of-way. The developer must grant an easement to the City of Chula Vista for maintenance of the proposed lines. Schools The project is within the boundaries of the Chula Vista Elementary School District, which serves children Kindergarten through Grade 6. Both schools have indicated that there is sufficient capacity to accommodate the elementary school students and middle and high school students generated by the Project. The applicant would be required to pay applicable developer fees based upon assessable area. Earks Applicant will be required to pay in-lieu park fees. Prnjed r()mrli~n(;e with Growth M::m;:J.!:f':mf':T1t This project is below the threshold required to prepare a Water Conservation or Air Quality Improvement Plan. Conflict ofInterest Staff has reviewed the proposed holdings of the City Council and has found no holdings within 500 feet of the boundaries of the property which is the subj ect of this action. CONCLUSION: For the reasons stated above, staff recommends the City Council agree with the recommendation of the Planning Commission and approve the draft City Council Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring Program and approve Villas Del Mar Tentative Subdivision Map based on the findings and subject to the conditions contained therein. FISCAL IMPACT: The applicant has paid all costs associated with the processing of the proposed tentative subdivision and will be responsible for paying corresponding Development Impact Fees and other applicable development fees, as they may be amended from time to time. to 13-10 Page 11, Item: t.:> Meeting Date: l1/?1jOh Att:::lr.nm~nt~ 1 Locator Map 2 Mitigated Negative Declaration and Mitigation Monitoring Program 3 Planning Commission Resolution and Minutes for October 18, 2006 4 Planning Commission Resolution and Minutes for May 10, 2006 5 Letters from Area Residents 6 Figures 7 Tentative Subdivision Map 8 Ownership Disclosure Form J: planninglcasefilesl05\PCZ 05-031... \Villas Del MarlCCIstaffreportslCityCounci1lAl13forlnovember2006FINAL 11 13-11 13-12 " ATTACHMENT 1 LOCATOR MAP 13-13 T ~.r-1 .t. ".-,1't..T--. ATTACHMENT 2 MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGAM 13-14 Mitigated Negative Declaration PROJECT NAME: Villas Del Mar PROJECT LOCATION: 160N.DelMarAvenue " ASSESSOR'S PARCEL NO.: APN #563-290-0400 PROJECT APPLICANT: Villas Del Mar Development LLC Frederico Esco bedo CASENO.: IS-04-022 DATE OF DRAFT DOCUMENT: February 27, 2006 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: March 6, 2006 . DATE OF FINAL DOCUMENT: April 4. 2006 !Revised 9/21/2006) PREPARED BY: Maria C. Muett RfNisions made to this document subsequent to the iScJuance of the notice of availability of the draft Mitigated Negative Declaration are denoted by underline. Background A Mitigated Negative Declaration as-04-022) was prepared for the Villas Del Mar Proiect. which involved the residential development of the 2.06-acre parcel within the western portion of the City. The Resource Conservation Commission recommended adoption of the Mitigated Negative Declaration at their March 6. 2006 Meeting. On April 3. 2006 the Design Review Committee approved design of the proiect; The Planning Commission recommended denial of the proiect on Mav 10. 2006. .The project has since been redesigned reducing the n=ber of proposed lots from 12 to 10 lots. The proiect is scheduled for review bv the P1annine: Commission on October 18. 2006. The changes to the proposed. proiect are minor with no additional enviromnental impacts or issnes identified that are not alreadv covered under the Mitigated Negative Declaration IS-04-022 addressed in the earlier proposal. Pursuant to CEQA Guidelines Section 15073.5( c) recirculation of the Mitigated Negative Declaration is not required. A. Proiect Setting The 2.06-acre project site is located at 160 N. Del Mar, within the urbanized area of Western Chula Vista, (Exhibit 1- Location Map). The site is adjacent to N. Del Mar Avenue and near Vista Del Mar Court and N. Third. Avenue. Primary access to the site is currently provided off of N. Del Mar . A venue through a private road easement shared by properties to the north. The rectangular-shaped flag lot site is covered with natUrally vegetated land, dry grasses and slopes from a gentle gradient to steeper slopes towards the west. The entire project site has been partially disturbed with previous uses including a single-family residence, garage and small accessory structures. The land uses immediately surrounding the project site are as follows: North: South: East: West: Single-Family Residential Single-Family and Multi-Family Residential Single-Family Residential Mobile Home Park 13-15 B. ProiectDescription The proposal consists of subdividing the project site into ~ 10 single-family parcels. Access to the site would be provided via a private road entrance off of N. Del Mar Avenue. The project includes the demolition and replacement of an existing single-family residence. The remaining U 2 parcels are designed for single-family residential development. Proposed on'site improvements include drainage facilities, sewer system facilities, fire hydrants, retaining walls, fencing, improved paved areas, open space and landscape treatments: The proposal includes a Design Review Permit for, a Precise Plan, a Rezone to change a portion of the property zoned Rl to RlP6, as well as a Tentative Map. The project is subject to a Habitat Loss and Incidental Take (HUT) permit in accordance with the City of Chula Vista Multiple Species Conservation Program Subarea Plan. C. Compliance with Zoning and Plans The proposed project site is within the. General Plan LM (Low-Medium Residential Density/3-6 dwelling units per acre) and Rl and RlP6 (Single Family ResidentiallPrecise Plan) Zone. The proposal includes a rezone of the Rl portion of the site' to RlP6 area, thus creating an overall RlP6 zone. The proposed project has been found to be consistent with the applicable site development regulations and the General Plan. D. Public Comments On December 22, 2005, a Notice of Initial Study was circulated to property owners within a SOO-foot radius of the proposed project site. The public review period ended January 4, 2006. Two verbal comments were received during this period regarding traffic circulation, density and unidentified sand fill materials on site. The issues regarding traffic and undocumented fill are addressed in the Mitigated Negative Declaration sections below. On March 1. 2006. the Notice of Availabilitv of the Proposed Mitigated Negative Declaration for the proiect was posted in'the County Clerk's Office and circulated to property owners within a SOO-foot radius of the project site. The 30-dav public comment period closed on March 30. 2006. A written comment letter was received from the Sweetwater Authoritv. The issue included minor edits to the Utilities/Service Svstems portion of the Initial Studv ChecklistlMitigated Negative Declaration. Other comment letters were received bv the Planning Department but not addressing the .adequacv of the Mitigated Negative Declaration. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Enviro=ental Checklist form) determined that the proposed project may have potential significant enviro=ental impacts however; mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. ,This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State of California Quality Act (CEQA) Guidelines. Air Qualitv Short-Term ConstrUction Activities . The proposed project will result in a short-term air quality impact created from construction activities associated, with the proposed proj ect. The grading of the site for future single family residential development and worker and equipment vehicle trips will create temporary emissions of dust, fumes, equipment exhaust, and other air pollutants associated with .the construction activities. Air quality impacts resulting from construction-related operations are conSidered short-term in duration. . 13-16 In order to analyze potential project impacts/emissions, the emission factors and threshold criteria contained in the 1993 South Coast Air Quality Management District CEQA Handbook feir Air Quality Analysis were used. Table 1 below provides a comparison of daily construction erriissions to the SCAQMD's emission thresholds of significance for each criteria pollutant. Emissions were calculated using the URBEMIS 2002 model. The addition of emissions to an air basin is considered under CEQA to be a significant impact. Implementation of the Mitigation Measure 1 contained in Section F below would mitigate short-term construction-related air quality impacts td below a level of significance. These measures are included as a part of the Mitigation Moriitoring and Reporting Program. Table 1.0 Project Estimated Construction Emissions 2006/2007": Pollutant CO ROG 'NO, S02 PMIO Miti.ated (]bs/dav) (lbs/ dav) (lbs/day) Ibs/day (]bsldav/total) Construction equipment and 82.19 59.51 59.06 .31 7.39 lITading: Significance , Threshold 1 550 75 100 150 150 Exceed No No No No No threshold ROG is used in the Air Quality Model and VOC is used in the SCAQMD Threshold Critena. For the purpose of this analysis, ROG is used in this model. Combined Shori-Term and Long-Term Impacts In order to assess whether the project's contribution to ambient air quality is cumulatively considerable, the project's operational emissions were quantified. The proposed project once developed will not result in significant long-term air quality impacts. The minimal project generated traffic volume would not result in significant long-term local or regional air quality impacts. Through project design, emission-controlled construction vehicles and efficiency building product, no area source or operational vehicle emission estimates will exceed the Air Quality significance thresholds; therefore, no mitigation measures are required. Refer to Table 2.0 below. Table 2.0 'Project Estimated Area and OP:erational Einissions 2006/2007* Pollutant CO ROG NOx S02 PMlO Mitigated. (lbs/day) (lbslday) (lbs/day) (lbs/day) (lbs/day) Vehicle 15.04 1.23 1.49 0.01 1.36 Emissions Area Sources 0.52 1.08 0.15 0.01 0.00 Total . 15.56 2.31 1.64 0.02 1.36 Significance 550 55 55 150 150 Threshold! Exceed No No No No No Threshold 'Source SCAQMD CEQA Handbook Air Quality Model 1993 1 South Coast Air Quality Management District/Air Quality Significance Thresholds 13-17 Biological Resources A Biological Resource Analysis was prepared by Pacific Southwest Biological Services, Inc., dated January 19, 2006, to assess the potential biological resource impacts of the project. A biological reconnaissance survey of the project site was conducted on May II and June 2, 2005 to ident:ifY existing vegetation on the site. On-site surveying included z,?ological assessment conducted by a qualified zoologist on May 19,2005. The biological resource analysis is sn=arizedbelow. The 2.06-acre project site consists of 0.11 acres of developed land and approximately 1.844-acres of disturbed habitat. The site is located in an area designated as a urban/development area under the City's Multiple Species Conservation Program (MSCP) Subarea Plan. The surrounding land to the west, north, east and south are currently developed with residential uses. A portion of the northern property is currently vacant and undeveloped. The already disturbed site contains Eucalyptus trees, urban/developed land, non-native grassland vegetation and portions of earlier salt marsh vegetation, specifically known as Cismontane Alakali Marsh community. The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary in an area designated as a "Development Area." Under the Subarea Plan, the proposed project is subject to the requirements under the Habitat Loss Incidental Take (HUT) Ordinance. In accordance with the HLIT Ordinance,. those projects that are greater thim one acre, contain sensitive biological resources, and are located outside of the "Covered Projects," must d=onstrate compliance with the Ordinance ane! . obtain Take Authority from the City of Chula Vista for impacts to Covered Species. The following is a sunnnary of the findings and impacts contained in the updated biological report as required by the City's HLIT Ordinance, Section 17.35. Vegetation Impacts The biological report detennined that the development of the project would result in impacts to 1.14 acres of Non-native Grassland (NNG) habitat. According to the MSCP Subarea Plan, NNG is designated as Tier ill (common uplands) habitat. Impacts to this habitat must be mitigated in accordance with the City's MSCP Subarea Plan. This can be accomplished by providing evidence that the NNG or. equivalent credits in a off site niitigation preserve bank has been acquired to the satisfaction of the City's Planning and Building Department Director. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce identified indirect biological impacts to a level below significance. Salt Marsh Vegetation Community Along the northwest= portion ofthe project site, a tidal marsh that was once part of the S,yeetwater River Estuary was identified. Early history records indicated that the construction of the flood control levees and SR 54, eliminated any tidal activity. This area is dominated by non-native grasses and shaded by eucalyptus trees. According to the biological resource study and concurred by the City's third-party Biological Resource consultant, there are no hydrologic conditions that support the Cismontane Alkali marsh vegetation, and those that were discovered were likely leaching out of the existing alkaline salt area. The federal and state agencies that have jurisdiction over wetlands and associated areas are not likely to consider this Alkali marsh remant to be significant under their jurisdiction, and would not be considered a jurisdictional authority of the U.S. Army. Corp of Engineers subject to 404 Take Permit regulations. This area is being avoided through project design, as it is located within the IS-foot setback along the north boundary of the project site. This feature does not function as a wetland nor as a salt marsh vegetation community. In order to ensure avoidance of the habitat, prior to the issuance of any clearihg, grading or construction permits, orange biological fencing will be installed around the remant marsh area 13-18 within the IS-foot property line setback, near Lot M J1 in accordance with the development plans and to the satisfaction of the Enviromental Review Coordinator. The City's Mitigation Monitor will conduct periodic site' visits to verify the placement of the biological fencing and to ensure that all construction activities remain within the approved limits of grading. Implementation of the mitigation measures identified in Section F of this Mitigated Negative peclaration will reduce potentially significant biological impacts to a level below significance. AnimallWildlife Species Impacts The Non-native Grassland habitat, open space areas near the site, and the eucalyptus trees along the northern boundary could be used as foraging habitat by common raptorial sensitive species of the area. These species include Red-shouldered Hawks, Cooper's Hawks, and Red-tailed Hawks. Impacts associated with clearing and grading activities upon raptor nesting are considered potentially significant. Therefore, a pre-construction survey for nesting raptors will be required. A copy of the pre construction survey results and recommendations must be submitted to the City's Environmental Review Coordinator for review and approval. In addition, the applicant will be required to provide evidence that the impacted area of NNG has been properly mitigated in an offsite mitigation bank to the satisfaction of the City's Planning and Building Director. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce potentially significant biological impacts to a level below significance. Habitat Loss Incidental Take (HLII) Permit Due to the impacts to the Tier ill habitat, Non-native Grasslands, the applicant will be required to meet the Habitat Loss Incidental Take (HUT) fmdings and obtain a HLIT Permit from the City of Chula Vista in accordance with the City's HLIT Ordinance (Section 17.35 of the CYMe). Landscape Treatments Based upon remant Alkali Marsh vegetation identified on the project site, any proposed landscaping must not contain invasive vegetation that has the potential to infiltrate this habitat. In order to ensure that this existing area is protected from invasive vegetation, prior to the issuance of a grading permit the applicant will be required to prepare and submit a final landscape plan/palette to the City's Environmental Review Coordinator for review and approval. Impl=entation of the mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce potentially . significant biological impacts to a level below significance. This measure is included as part of the Mitigation Monitoring and Reporting Program (See Section F). Geolo!N and Soils To assess the potential geological/soils impacts of the proj ect, a Geotechnical Investigation evaluation was prepared by Geocon Incorporated/Geotechnical Consultants, dated November 18, 2003. The study indicated that there are no known active faults existing on the project site or in the immediate area. The closest known active fault is the Rose Canyon Fault located approximately 4.7 miles west of the project site. The liquefaction potential on the site is considered to be low due remedial grading recommendations, the presence of shallow and dense materials and the lack of shallow groundwater over a majority of the project site. The groundwater level will fluctuate with seasonal rain and local soil absorption. No significant geological or soil impacts would be created as a result of the proposed proj ect as conditioned. 13-19 The geotechnical study indicates that a small area in the mid/eastern section of the project site contains undocumented fill materials. The geotechnical study includes recommended measures fOr the removal of unsuitable or recompaction of any suitable fill materials to mitigate significant geological impacts. Prior to building permit issuance the applicant will be required to comply with all the recommendations presented in the study. Details of the undocumented fill are disclosed under the HazardslHazardous Materials Section below. Submittal of a final soils report will be required prior to the issuance of grading permits to the satisfaction of the City Engineer. The mitigation measures contained in Section F below would mitigate potential geological/soils impacts to a less than significance level. These measures are included as a part ofthe Mitigation Monitoring and Reporting Program. Hazards and Hazardous Materials Site History Information provided by the current owner, historic aerial photographs, historic recordslzoning/Iand use records and surrounding property owners indicate that the site has been mostly used for residential purposes. Infonnation provided by a nearby resident indicated that a previous owner has deposited undocumented fill on the project site. Since that time, much vegetation, dirt, and debris has covered the remainder portion of the site. Phase 11 Phase II A Phase IIPhase II Environmental Site Assessment was prepared by Geocon, Inc., dated February 3, 2006, in order to assess the potential recognized environmental conditions or likely presence of any hazardous substances or petroleum products into building structures, ground soil, ground water, or surface water of the proj ect site. On January 20,2006, a total of24 soil samples was. collected from four borings within the middle and eastern portion of the project site. In addition, a sample of sandy material was collected from an area that appeared to be the dispo.sallocation of the sandblasting waste. The fill included sandblasting debris materials consisting of sticks, bricks, and plastic sheeting. Geocon Incorporated confirmed that no groundwater was encountered in any of the trenches excavated during their investigation. Concentrations of high PCBs or other potential contaminants were not detected in any of the composite samples. Based upon the comparison of the various sampling concentrations and the limitations encountered during the sample collection of the sandy material, Geocon recommended further assessment, proper excavation and proper disposal. None of the CCR Title 22 Metals were detected above respective limits. On January 27th and 30th, 2006 approximately 30 cubic yards of undocumented fill/sandy material was removed and taken to an authorized classified waste disposal facility. The material was manifested as a non-hazardous waste solid due to its low concentrations as determined by the analytical testing. After the removal of the sandy material additional continuation soils samples were coIlected from the ground surface beneath the former pile. These additional soil samples were analyzed and no PCBs or other contaminants were detected at or above the laboratory detection limit in any of the additional soil samples. According to the complete Phase II, the disposal of the undocumented fill/sandy material and underlying groundwater do not pose a threat to public health. No significant hazardslhazardous materials impacts are anticipated as a result of the proposed project, therefore, no mitigation measures are required. 13-20 In the event any additional areas of waste are encountered during the project development, those areas should be assessed. by a qualified enviro=ental site assessor and handled accordingly. Evidence of such analysis and necessary remediation or removal, will be submitted to the Enviro=ental Review Coordinator for review and determination. " Lead and Asbestos The project proposal includes the demolition of the existing residence, garage and accessory structures. The potential exists for impacts to result from the demolition of structures that may contain lead and asbestos. Therefore, prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor will perform asbestos and lead-based paint abatement in accordance to all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and. Renovation. The mitigation measures contained in Section F below would mitigate potential hazardslhazardous materials impacts to a less than significant level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Septic Tanks The project site is currently serviced by a septic tank system, below ground, located north of the existing residence. Any equipment associated with the septic system should be removed and disposed of in accordance with applicable standards and regulations. In the event any suspicious chemical odors, or other potential enviro=ental concerns are encountered, a qualified professional will be required to assess the areas of concern. Including the preparation and submittal of a written analysis, identifying the areas of concern with appropriate measures, to the Enviro=ental Review Coordinator for review. The mitigation measures contained in Section F below would mitigate potential hazardslhazardous materials impacts to a less than significant level. These measures are included as a part of the Mitigatiol! Monitoring and Reporting Program. Hvdrology and Water Qualitv The existing site drains from east to west, running from North Del Mar Avenue to Third Avenue. The drainage on North Del Mar Avenue remains in. the right-of-way, peaking at the connection point to the proposed Villas Del Mar Court. Drainage from the lots along the south property line is diverted by existing ditches and discharged onto Third A veriue to the west. The drainage flows from the lots to the north, in a northwesterly direction, away from the subject property. The drainage system for the subject site is designed to handle flows generated from the site plus a portion of the existing residence. The proposed drainage improvements include an underground detention system within the park/open space area of Lot A, detention discharge control structure, private drainage easements, rip rap and filtration systern at the western corner of the project site. No offsite grading or construction activities for any infrastructure improvements is proposed within the northern 15 foot property setback near the alkali marsh vegetation area. According to the Engineering Department, the proposed improvements are adequate to handle the project storm water runoff generated from the site. Additional Best Management Practices (BMPs) included as part of the project design consist of a storm drain inlet protection system, rip rap outlet protection, protection of access and perimeter containment measures including open space and landscaped treatments throughout the project site. As a standard condition, a final drainage study will be required in conjunction with the preparation of the project grading plans. Properly design1'3<!~age facilities will be installed at the time of the site development to the satisfaction of the City Engineer. In addition, compliance with required NPDES regulations and B:MPs will reduce water quality impacts to a less than significant level. These measures are included as a part of the Mitigation Monitoring and Reporting Program (See Section F). Wastewater Management Sendces/Sewer System The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility system includes sewer lines along Bayview Way and along Vista Del Mar Court. There are currently no sewer mains abutting the property that would allow for gravity-type flow. Therefore an off-site main extension through the Tbird Avenue right of way, and an 8" PVC sewer main up to the southwest comer of the subject site and into the proposed project court cul-de- sac are proposed to service the residential lots. The applicant will be required to submit a final sewer plan to the satisfaction of the City Engineer. The applicant is required to grant an easement to the City of Chula Vista wastewater services for the purpose of maintenance of the proposed sewerlines. No significant impacts to the City's sewer system are anticipated as a result of the proposed project. F. Mitigation Necessary to Avoid Significant Impacts Air Quality 1. The following air quality mitigation requirements shall be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in ,advance in writing by the City's Environmental Review Coordinator: . Minimize simultaneous operation of multiple construction equipment units. . Use low pollutant-emitting construction equipment. . Use electrical construction equipment as practical. . Use catalytic' reduction for gasoline-powered equipment. . Use injection-timing retard for diesel-powered equipment. . Water the construction area twice daily to minimize fugitive dust. . Stabilize graded areas as quickly as possible to minimize fugitive dust. . Pave petmmient roads as quickly as possible to minimize dust. . Use electricity from power poles instead of temporary generators during building, if available. . Apply stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry. . Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. . Remove any visible track-out into traveled public streets within 30 minutes of occurrence. . Wet wash the construction access point at the end of each workday if any vehicle travel on 1ll1paved surfaces has occurred. . Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. . Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during hauling. . Suspend all soil disturbance and travel on 1ll1paved surfaces if winds exceed 25 miles per hour. 13-22 Biological Resources 2. To avoid any impacts associated with construction noise, construction must occur outside of the breeding season for nesting raptors (January 15 through July 31). If construction must occur during the breeding season for these species, prior to initiating any construction-related activities (including clearing of vegetation, grubbing, a.i:td grading), pre-construction surveys must be performed by a City-approved biologist to determine the presence or absence' of nesting raptors within 500-feet of the construction area. The pre-construction survey must be conducted within 10 calendar days prior to the start of construction, the results of which must . be submitted to the City's Enviromental Review Coordinator for review and approval prior to initiating any construction-related activities. If nesting raptors are detected, a noise mitigation plan shall be' submitted and approved by the City's Enviromental Review Coordinator prior to initiating any construction related activities. 3. . Prior to the issuance of any land development permits including clearing, grading or construction permits, temporary orange biological fencing shall be installed around the existing renmant Cismontane Alkali Marsh plant area-and reflected in the grading plans. Fencing must be constructed in accordance with the development plans to the satisfaction of the Enviromental Review Coordinator. The City's Mitigation Monitor will conduct periodic site visits to verify the placement of the biological fencing and to ensure that all construction activities remain within the approved limits of grading. 4. Prior to the issuance of any land development permits including clearing, grading or COL\struction permits, the applicant obtain a Habitat Loss Incidental Take (HLIT) Permit from the City for impacts to Tier ill habitat (Non-native Grasslands) in accordance with the City's HUT Ordinance, Section 17.35. 5. Prior to the issuance of any land development permits including clearing, grading or construction permits, the applicant shall submit evidence that 1.14 acres of Non-native Grassland or equivalent credits have been permanently secured in a mitigation bank to the satisfaction of the Planning and Building Director. 6. Prior to isouance of a grading permit, the applicant shall prepare and submit a fin"llandscape plan/palette to the City's Enviromental Review Coordinator for review and approval to erioure landscaping at the rear of Lot -W !l., within the property line setback, will be non- invasive and compatible with the existing alkali marsh vegetation. Geological 7. Prior to the issuance of construction permits, the applicant shall provide evidence to the City Engineer that all the recommendations in the Geotechnical Investigation, dated November 18, 2003 have been satisfied. HazardslHazardous Materials 8. Prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perform asbestos and lead-based paint abatement in accordance to all applicable local,state and federal laws and regulations, including San Diego County Air pollution Control District Rule 361.145 - Standard for Demolition and Renovation. 9. Prior to the issuance of any construction permits, any equipment associated with the septic system shall be removed from the project site and disposed of in accordance with the applicable County of San Diego Department ofEnviromental Health Services regulations. If any chemical odors or potential enviromental concerns are encountered, a qualified 13-23 professional shall assess the area and submit a written report to the Environmental Review Coordinator for review. Hydrology and Water Ouality 10. Prior to the issuance of a grading permit, the City Engin~er shall verify that the final grading plans comply with the provisions of California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respect to construction-related water quality best management practices. 11. Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction with the preparation of the final grading plans. The City Engineer shall verify that the final grading plans comply with the provisions of California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respect to permanent, post- construction water quality best management practices (BM:Ps). If one or more of the approved post construction BM:Ps is non-structural, then a post-construction BM:P plan shall be prepared to the satisfaction of the City 'Engineer prior to the commencement of construction. Compliance with said plan shall become a permanent requirement of the Mitigation Monitoring and Reporting Program. 12. Prior to the issuance of a grading permit, temporary desilting and erosion control devices' shall be installed. Protective devices shall be provided at every storm drain inlet to prevent sediment from entering the stonn drain system. These measures shall be reflected in the grading and improvement plans to the satisfaction of the City Engineer. G. Agreement to Implement Mitigation Measures By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation mea.sures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative Declaration with the County. Clerk shall indicate the Applicant's and Operator's desire that the Proj ect be held in abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact Report. <[: n- ':f' J (1 >'(t'Ii'Zt(ll-U -5.6001'00- Printed Name and Title of Applicant (or authorized repr ntativn /Y /, Signaufre>> Ap cant. Y't..' (or authoJZlZed representative) .?f(; 1/1 "J"Y -vjZ7/0? Date / Zit? /0& ~te ( N/A Printed Name and Title of Operator (if different from Applicant) Date N/A Date Signature of Operator (if different from Applicant) 13-24 H. Consultation 1. Individuals and Organizations City of Chula Vista: Marilyn Ponseggi, Planning and Building Department Marisa Lundstedt, Planning and Building Department Steve Power, Planning and Building Department John Schmitz, Planning and Building Department Maria Muett, Planning and Building Department Glen Laube, Planning and Building Department Josie Gabriel, Planning and Building Department Jeff Steichen, Planning and Building Department Richard Zumwalt, Planning and Building Department Sohaib Al-Agha, Engineering Department Frank Rivera, Engineering Department Samir Nuhaily, Engineering Department Alex Al-Agha,Engineering Department Beth Chopp, Engineering Department Silvester Evetovich, Engineering Department Jim Newton; Engineering Department Ben Herrera, Engineering Department Gary Edmonds, Fire Department Lynn France, Conservation Coordinator Krista Rhinehardt, Building and Park Construction Others: Dee Peralta, Chula Vista Elementary School District Sweetwater Authority 2. Documents City of Chula Vista General Plan, 2005 (as amended). Title 19, Chula Vista Municipal Code. Final Enviromnental Impact Report, City of Chula Vista General Plan Update, ElR No. 05-01, December 13,2005. City of Chula Vista MSCP Subarea Plan, February 2003. Biological Resource Analysis for the Villas Del Mar, Pacific Southwest Biological Services, Inc., January 19, 2006. Preliminary Lotting and Grading Study/Earthwork and Drainage Statement for Villas Del Mar, Chula Vista, Tri-Dimensional Engineering Incorporated, January 19,2004. Preliminary Geotechnical Investigation for 160 North Del Mar Avenue, Chula Vista, Geocon, Incorporated, November 18, 2003. 13-25 Phase l/Limited Phase II Environmental Site Assessment, Villas Del Mar, 160 North Del Mar Avenue, Chu1a Vista, Geocon Incorporated, February 3,2006. Historical Evaluation of 160 North De! Mar Avenue, Chu1a Vista, Scott A. Moomjian, January 30,2004. 3. Initial Study This enviro=enta1 determination is based on the attached Initial Study, and any comments received in reS]Jonse to the Notice of Initial Study. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. ~:::r~~' Environmental Review Coordinator Date: 4//7'/~? { / J:\Planning\M.ARlA\1nitial Study\Villas Del Mar\1S-04-022MND.doc 13-26 C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT ' PROJECT DESCRIPTION: . C) APPLlCAN1l Villas Del Mar Development LLC. INITIAL STUDY PROJECT 160 N Del Mar Av. ADDRESS: Request Proposing ORe for 12 single family dwelling's on individual 10m. sCALE: I FILE NU~~~ 1"\.....,.. ,,)" 7 ~ . <_.J _____. nf"C' nA (la.. C('7JlI:;~n~ nRr....oS--5S Q ~ CJl H >- ~ I <'1 E-< H ~ H ~ ~ r ,....II.,,<tI<.:.::,;..'::I.~::-~~ro'tB~~~~~ nJ9-....lKI>rt~ ~...<rK..,.."".v:>.^VlAO<l.t....""~.O"<1 .':J'uj lSuj;aau[du~tii;uojsuaU;ia~;.i1.V OL6!/J V::I 'V.LSIA. nfl}j.) 3Df/3AY lOYJ'I -sa JUHaN 09L H; ~ ~~ ~ ~ H nin~ ~ , . "<-;.."1 0' -I , .lSW raa srrll!/i 0... ~ ::8 fI1 ;> >-< ~ ;Z; fI1 E-f ~ CI1 >-< ;> ~ ,-1 8 ~ U .'"' o ~ >-< U ~ ~ .' " ~ii lid~ !!. 5!lI ~:i~ !~ ~a;; ,. ~~~~ ~! III Ii!!: i Ii J :i;: III ;h .~'i.:l"i ... ~p:: ~~~i.... ~~ m ; iiilll ma IH!~ :l ~\\\\\\\'?t\\\\\\\\\"I( . 1 '": N ;.- ~ I " ~;I ~k ~ ;E~ ~ ig~ i - ::':i~ Il 'I i~ii d ;;~ "., =-:. J, -1: ~l 7l, " ii g ~ ~ ~~~ ~~ irj ~l ~~ ~ ~; ~! ~ i ! ~ w I"!~ i~Ji g~~ ~ ~ ~~ i~~ ~iS~qH ~ i ~ ~i ~~! Ii! 't~!;l.' l'l! m HI.! !~~ji!l ~!. ill,: ",' ~:;O:~~~ "::\ ~iS- ~~ ~l!. ( i!l d! ~ tit ~'i il:~ ~!J" ii 1ml i!i~l-::!";J~ d ~, lij.ll !1I~~:i.c~jo~~lj~li'j IHI10~~ .": ! .' _' !' ,l l ~! I. ~~!::l ~~~!'l ~ .~~ ~q~ H~-iH~ !j~~n~~::Bi ~I H ~ n n ~ ~ H I ~ ~ ~ ; ~! i: ~ ~ i ~!: ~a~;,J ~ s~~ a is:;; ~ E~~~~ i'i:;: ~~;<s;o~:;: ~s~ ~~se8 ~, ~ ~i.L ~!;; i::L11 ~ HH~!HH~5 (/} -< ~ > , '&:l .. ,..J.....,~.......'- -, .',2 ~> ~ , :~.", l\ [] ~~ ~~ . , ;. ~ ~ ^' . % o i k .~ "-.; ::t::: ~ I ~ ~ ~ ~ ATTACHMENT "A" MITIGATION MONITORlNG AND REPORTING P~OGRAM (MMRP) VILLAS DEL ii/lAR - 1S-04-022 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Villas Del Mar project. The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the California Enviromental Quality Act (CEQA) and City/State CEQA Guidelines (lS-04-022) The legislation requires public agencies to ensure that adequate rnitigation measures are implemented and monitored for Mitigated Negative Declarations. AB 3180 requires monitoring of potentially significant and/or significant enviromental impacts. The Mitigation Monitoring and Reporting Program for this proj ect ensures adequate implementation of mitigation for the following potential impacts( s): I. Air Quality 2. Biological Resources 3. Geological 4. Hazards/Hazardous Materials 5. Hydrology arid Water Quality MONITORING PROGRAM Due to the nature of the enviromental issues identified, the Mitigation Compliance Coordinators shall be the Enviromental Review Coordinator and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Enviromental Review Coordinator and City Engineer. The applicant shall provide evidence in written form confuming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-04-022 to the Enviromental Review Coordinator and City Engineer. The Enviromental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table I, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration IS-04-022, which will be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. J:\PlanninglJvfARlA\Tnitial StudyWillas Del Mar\IS-04-022MMRPtextdoc 13-30 Table 1 Miti ation Monitorln and Re ortin Pro ram ion No. Mitiga~ion Measure . '. . . I . . .: <.;; :""::i:dV1l1\~AT!9:N,;.M9~,!J,c)~IN.lf;:AI":J6;R.E,P"Q~1;IN9iF"t{Q,G~Arvni;:::i;"" :"~':... .. q::~ . Method of Verificat.lon Timing of Verification : AIR QUALlTY.-' '.. '_::;~':';~:/~::~;:/..~,;S-f;_~'-:~~~~!: ~V({~~~l,~~~_~,;:;:i\~";.';;i~~': '~:~T:~"i~ ;~~~;~::. ~~~~~~ x x T~e followIng aIr quallty.miUga~on reql,llrements shall be shown on all applicable -gradIng, and bUlldlng plans as details, notes, or as othelWlse appropriate: . MInimize simultaneous operation of multiple construction equipment units. . Use low pollutant-emlttlng construc:tlon equipment. . Use electrical construction equipment as practical. . Use catalytic reduction fOf gasoline~powered equipment. . Use InJecUon~tlmlng retard for diesel-powered equipment. w . Water the con'structlon area twice dally to minimize I fuglove dust W ....... . Stabilize graded areas as qu]ckly-as possible to minimize fugitive dust. . Pave permanent roads as quickly as' possible to minimize dust. ~ . Use electricity from power poles Instead of temporary _ generators during building, if available. . Apply slabllizer or pave the last 100 feel of Internal travel path within a constructton site prior to publlc road entry. . Install wheel washers adjacent to a paved apron prIor to vehicle entry on pUblic roads, . Remove any visible track-out Into traveled public streets withIn 30 mInutes of occurrence. . . Wet wash the construction acc'ess point at the end of each workday If any vehicle travel on unpaved surfaces has occurred. . ProvIde sufficlent perimeter erosIon control to pr~vent washout of silty material onto public roads. . Cover haul trucks or maIntain at least 12 inches of freeboard to reduce blow-off during hauling. . Suspend all soil disturbance and travel on unpaved I surfaces if winds exceed 25 miles per hour. Plan'Check/Slte Inspectlon Page. 1 Responsible Completed Comments Party Initials Date "pq't,. . :." ",;. ..:.... /'.,,". :,:"C:,;. :C",.', .;, . :<:,:.c '.:',."':. .,..' ..:..,: .... ....:.. . "Cost:: .~~:"":-:;:':-~':-,: :c':i.'-.. :;.::.:;'.'.' ,:.......,.-.~ X ApplicanV City EngIneering . Department/City Planning and Building Department .. " el Mar (18-04-022) .",'. To avoid any Impacts associated with constructIon noise, construction must occur outside of the breeding season fornesllng raptors (January 151hrough July 31). If constructlon must occur during the breeding season for these species, prior to Initiating any constructiQn~related activities (Including clearing of vegetation, grubbing, and gradlhg), preconstructlon surveys-musfbe performed by a City-approved biologist to determine the presence or absence or nesting rap tors within 500~feet of the construction area. The preconstruction survey must be conducted within 10 calendar days prior to the start of construction, the results of which must be submitted to the City's Environmental Review Coordinator for review and approval prior to initlating any construction-related actlvUles. If nesting raptors are detected, a noiS8 mlUgaUon plan shall be submitted and approved by the City's Environmental Review Coordinator prior to InltlaUng any construction-related activities. l. ~ w I w "" Prior to the issuance of any land development pennUs including clearing, grading, or construction permits, temporary' orange biological fencing shall be Installed around the exlsllng remnant CIsmontane Alkali Marsh plant area and reflected In the grading plans. Fencing must be constructed In accordance with the development plans to the satisfaction of the Environmental Review Coordinator. The City's Mitlgatlon Monitor will conduct site periodic site visits to verify the placement of the biological fencing and to ensure that all construction activities remain within the annroved limits of nradlnQ. Prior to issuance of any land development permits Including clearing, grading or constructIon permits, the appllcanl shall oblaln a Habllat Loss Incidental Take (HUT) Permit from the City for Impacts to Tier III habitat (Non-native Grasslands) In accordance with the City's HUT Ordinance, Section 17.35. Prior to the Issuance of any land development permits Including clearing, grading or construction permits, the applicant shall submit evidence that 1.14 acres of Non- natlv'e Grassland or equivalent credits have been permanently secured in a mlllgalion bank to the sallsfacllon of the Planning and Building Dlreclor. 4. 5. Plan Check/Site Inspectlon Plan .Check/Site Inspection Plan Check/Site Inspection Plan Check/Site Inspection Table 1 Page - 2 x x x x x x x x AppllcanUClty Engineering DepartmenUPlannlng and Building Department x ApplicanUCity Engineering DepartmenUPlannlng anp Building Department x ApplicanUClty Planning and Building DepartmenUClty Engineering Department x AppllcanUClty Planning and Building DepartmenUCity Engineering Department Mitlqation Monitorinq and Reportinq Proqram ':c,.:: -...... .- .; ... Miti ation Monitorin and Re ortin Pro ram Table 1 6. Prior to Issuance of a grading permit, the applicant shall prepare and submit a final landscape pian/palelte to the City's Environmental Review Coordinator {or review and approval to' ensure landscaping at the rear of Lot 4.Q ~, within the property line setback: wlii be non-invasiVe and compalible wilh the exlsling alkali marsh vegetalion communit . B. Prior to any demolition-activities, a licensed and registered asbestos and lead abat~ment contractor shall peIiorm asbestos and lead-based paint abatement in accordance with all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for DenioJilJon and Renovation. ~ w I w w 9. Prior to the Issuance of any construction permits, any equipment associated with the septic system shall be removed from the project site and disposed of in accordance with the applicable County of San Diego Department of Environmental Health Services regulations. If any chemical odors or potential environmental concerns are encountered, a 'qualified professional shall assess the area and submit a written report to the Environmental Review Coordinator for review. Plan Check/Site Inspection x x ApplicanUClty Planning and Building DepartmenUCity Engineering Department ApplicanUCity Planning and BUilding DepartmenUCity Engineering Department Plan Check/Site Inspection x x x x ApplicanUClty, Planning and Building DepartmenUCity Engineering Department Page - 3 Mar (18-04-022) Mitiaation Monitorina and Reoortina Proaram Table 1 I <'cl(! HY"~O~~'~'f~' ~.W''fE~TQ 'I' . ~, .<.l",-,-,,,.,.'-':-lt'., ,", '""},,.. ':;.....". ", li:Mt.Z', "~f-~~~l\t; }~~ m~J , ..,' 1,,1" . ~,_wt~ '. ".~, ,;Ii.' Prior to the Issuance of a grading permit, the City Engineer shall verify that the flnat grading plans comply with the provisIons of Callfornla Regional Water Quality Control Boardl San Diego Region Order No, 2001-01 with respect to constructlonwrel,ated water "quality best management practIces. Prior to the Issuance, of a grading permit, a final drainage study shall be requIred In conJunctlon with the preparatlon of the {lnal gradIng plans. The City Engineer shall verify that the final grading plans comply with the provisions of California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respecl to permanent, post"constructlon water quality best management practlces (BMPs). -If one ormore of the approved -post construction BMPs Is non-structural, then a post-construction BMP plan shall be prepared to the satlsfactlon of the City Engineer prior to the commencement of constructIon. Compllance with saId plan shall become a permanent requirement of the Mitigation Monitoring and Reporting Program. Prior to the Issuance ofa grading permit, temporary - desiltlng and erosion control devIces shall be Installed. Protective devices shall be provided at every storm drain Inlet to prevent sedimentfrom entering the storm drain system. These measures shall be reflected in the grading and Improvement plans to the satisfaction of the City Engineer. Ig\MARIA\lnitial Study\Villas Del Mar\IS-04-022MMRPtbl.doc Plan Check/Site Inspection x x x AppllcanVClty PlannIng and Building DepartmenUCity EngineerIng Departm~nt Plan Check/Site Inspection x AppllcanVClty Planning and Building DepartmenVQlty . . Engineering Department x x '. Page - 4 ~rf? ---- ENVIROi'HVIENTAL CHECKLIST FaRlY! -------, 01Y OF CHUlA VISTA 1. Name of Proponent: Villas Del Mar Development, LLC Federico Escobedo 2. Lead Agency Name and Address: City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 160 North Del Mar Avenue Chula Vista, CA 91910 (619)420-4101 4. Name of Proposal: Villas Del Mar 5. Date of Checklist: 6. Case No.: February 20; 2006 18-04-022 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact 1\1itigation Impact Incorporated 1. AESTHETICS. Wou1dtheproject a) Have a substantial adverse effect on a scenic vista? 0 0 0 . b) Substantially damage scenic resources, including, 0 0 0 . but not limited to, tress, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or 0 0 0 . quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? o o o . 13-35 Issues: PotentLally Significant Impact Less Than Significant . With Mitigation Incorporated Less Than Significant Impact No Impac~; Comments: a-b)The proposal includes the development of twelve single family residential units with site improvements in accordance with the City of Chula Vista Municipal Code and Design Review Guidelines. The proposed landscape improvements would enhance and improve the aesthetic quality of the surrounding hillside and neighborhood street, Del Mar Avenue. The proposed project would not damage any scenic' resources, vegetation, or historic buildirigs within a state scenic highway. The project site contains no scenic vistas or views open to the public. The development layout is designed not to block any private vista views from the existing and proposed residential units. c) The proposal is an intill residential development project. The proposed project will not substantially degrade the existing visual character' or quality of the project site or its adjacent residential surroundings. The project site is planned for residential development according to the General Plan Land Use regulations. . d) The proposal will be required to comply with the City's IDIDlIDUID standards for roadway lighting. The proj ect will be required to comply with the light and glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CYMe). Compliance with these regulations will ensure that no significant glare, or light would affect daytime or nighttime views in the surrounding residential neighborhood area. Miti!!ation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. Would the proj ect: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? o o o . b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? o o o . c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion ofFannland, to non-agricultural use? o o o . 13-36 Issues: Co=ents: Potentially Significant Impact Less Than Significant With lVIitigatian Incorporated No Impac; Less Than Significant Impact a-c)The project site has been previously rough graded and surro,mding properties have been partially developed. These properties are consistent with the Chula Vista General Plan and zoning designation, and contain np agricultural resources or designated farmland. The proposal would not convert Prime Farmland, Uniqu,e Farmland or Farmland of Statewide Importance to non- agricultural use and no impacts to agricultural resources would be created as a result of the proposed project. Mitigation: No mitigation measures are required. ill. AIR QUALITY. Wouldtheproject: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contnbute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment. under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? 13-37 o o o .. o o o . o o . o o . o o o o . o Issues: Potentially Significant Impact Less Than Significant With JYfitigatian Incorporated Less Than Significant Impact No Impac.; Comments: (a-e) See Mitigated Negative Declaration, Section E. Mltie:ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level oness than significance. IV. BIOLOGICAL RESOURCES. Would the proj ect a) Have a substantial adverse effect, either directly or through habitat modifications,. on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, Or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? o .. o o b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? o .. o o c) Have a substantial adverse effect on federally 0 0 .. 0 protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any 0 0 .. 0 native resident or rnigratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with :my local policies or ordin:mces 0 0 0 .. pmtecting biological resources, such as a tree 13-38 Issues : preseo:vatlon policy ox oxcli:o=ce? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Co=unity Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: a-f) See rvritigated Negative Declaration, Section E. Mith!ation: Potentially Significant" Impact o Less Than Significant With Mitigation Incorporated . Less Than Significant Impact o No Im.pac~ o . The mitigation measures contained in Section F of the rvritigated Negative Declaration would mitigate potentially significant biological resource impacts to a level ofless than significance. V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines 9 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines 9 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 13-39 o o o o o o o o o . . . Issues: pot~ntially Significant Impact Less Than Significant With lVfitigation Incorporated o Less Than Significant Impact No Impac~. d) Disturb any human remains, including those interred outside offormal cemeteries? o o II Comments: a) In order to assess potential. historic resources located on the project site or surrounding areas, a historical evaluation study was prepared, datedJanuary 30,2004. The following details summarize the results of the study. The existing residential siIucture was not associated with any important events or individuals in terms of local, state or national history. The residence or site does not qualify as a historic resource under national, state or local register criteria. The proposed project will not constitute a substantial, adverse change to the significance of an historical resource as the residence has been determined by the analysis not to be historically or arc.hitecturally significant within the project impact area. Therefore, no substantial adverse change in the significance of a historical resource as defined in Section 15064.5 is anticipated and no mitigation measures are required. b) Based on the level of previous site disturbance, the potential for significant impacts or adverse changes to archaeological resource as defined in Section 15064.5 is not anticipated. c) Based on the level of previous disturbance to the site and the relatively limited amount of additional grading for the proposed project, no impacts to mrique paleol).tological resources or mrique geologic features are anticipated. d) No hUman remains are anticipated to be present within the impact area of the project site. Mitigation: No mitigation measures are required, VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a koown earthquake fault, as delineated on the roost recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a koown fault? o o o .. n. Strong seismic ground shaking? o o o II ill. Seismic-related ground failure, including o o o II 13-40 Issu es: liquefaction? IV. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on 'expansive soil, creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a-e) See Mitigated Negative Declaration, Section E. Mitigation: Potentially Significant Impact D D D D D Less Than Significant With Mitigation Incorporated D D . D D Less Than Significant Impact D . D . D No Impac_~ II D D D . The mitigation measures contained in SectionF of the Mitigated Negative Declaration would mitigate potentially signiiicant geological impacts to a level ofless than signiiicance. VIT. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the 'environmeot through the routine transport, use, or disposal of hazardous materials? b) Create a sigoificant hazard to the public' or the environment through reasonably foreseeable upset and accident conditions involving the 13-41 D D D D . . D D Issues: release of hazardous materials into the enviroment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code section 65962.5 and, as a result, would it create a significant hazard to the' public or the enviroment? e) For a proj ect located within an airport land use: plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, woUld the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including. where wildlands are adjacent to' urbanized areas or where residences are int=ixed with wildlands? 13-42 Potentially Significant. Impact o o o o o o Less Than Significant With Mitigation Incorporated o o o o o o Less Than Significant Impact o o o o o o No Impac5 II .. .. II II II Issues : Potentially Significant Impact Less Than Signific.ant With Mitigation Inc.orporated Less Than Significant Impact No Impac~ Co=ents: a and b) See Mitigated Negative Declaration, Section E (Hazards/Hazardous Materials). c) See J\iIitigated Negative DeclaratioJ;!, Section E. The proposed project site is located within one- quarter mile of an existing school located on Second Avenue. The proposed proj ect will not emit acutely hazardous emissions or materials, therefore, will not create a significant impact to the schools within the surrounding area. d) The proposed project is not located on a site included 'on the hazardous list pursuant to the Government Code Section 65962.5, therefore, will not create a significant impactto the public or the environment. e) The project is not located within an airport land use plan nor within two miles of a public airport or public use airport; therefore, the project would not expose people residing or working in the project area to adverse safety hazards. f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not expose people working in the proj ect area to adverse safety hazards. g) The projeet is designed to meet the City's emergency. response plan, route access and emergeocy evacuation requirements. The proposed fire improvements include an emergency turning radius and fire hydrant. No impairment or physical interference with the City's emergency response plan is anticipated. h) The project is designed to meet the City's Fire Prevention building and fire service requirements. No exposure of people or structures to a significant risk ofloss, injury or death due to wildfires is anticipated. :Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Hazards/Hazardous Materials impacts to a level of less than significance. VITI. HYDROLOGY AND WATER QUALITY. Would the project a) Result in an increase in pollntant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requir=ents? o . o o 13-43 Issues: b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially sigrrificant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial ero:;;ion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structures within a 1 00- year flood hazard area which would impede or redirect flood flows? e) Expose people or structures to a sigrrificant risk of loss, injury or death involving flooding, including flooding as a result of the failure ofa levee or darn? f) Create or contnbute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 13-44 Less Than PGtentialIy. Significant Less Than No Significant "With Significant Impac~ Impact Mitigation Impact Incorporated 0 0 . 0 o o . o o o . o o o o . o o o . Issues: Co=ents: (a-f) See :Mitigated Negative Declaration, Section E. Miti2:ation: Potentially Significant. . Impact Less Than Significant With Th-'litigation Incorporated Less Than Significant Impact No Impac~ The mitigation measures contained in Section F of the :Mitigated Negative Declaration would mitigate potentially significant Hydrology/W .ter Quality impacts to a level of less than significance. IX. LAND USE AJ."ID PLAJ.'lliING. Would the project: a) Physically divide an established co=unity? b) Conflict With any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict With any applicable habitat conservation plan or natnral co=unity conservation plan? 13-45 o o o o o II o o o II II o Issues: Potentially Significant Impact Less Than Significant With lVIitigation Incorporated Less Than Significant Impact No Impac~ Co=ents: a) The project site is surrounded with single and multi-family residential, including nearby industrial land uses. The proposed residential inIill project would be consistent with the cbaracter of the immediate' surrounding .residential area and would not disrupt or divide an established co=unity; therefore, no significant land use impact would occur as a result of the project. b) The project site is located within the Rl and RIP6 (Single-Family ResidentialJPrecise Plan) Zones and RLY1 (Low-Medium Density) General Plan land use designation. The project is required to rezone the existing R16 parcel section to Rl for comprehensive compatibility. The project has been found to be consistent with the all-respective zoning regulations, General Plan guidelines and regulations, therefore; no significant land use impacts are anticipated. c) Refer to :Mitigated Negative Declaration, Section E. - potential short-t= construction noise/raptor nesting and biologically sensitive impacts are addressed in the :Mitigated Negative Declaration, Section, under Biological Resources. Mitil!ation: The mitigation measures contained in Section F of the :Mitigated Negative Declaration would mitigate potentially significant Land Use/Planning impacts to a level ofless than significance. x. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? o o o .. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? ' o o o .. 13-46 Issues: Co=ents: Potentially Significant Impact . Less Than Significant With :Mitigation Incorporated' Less Than Significant Impact No LnpacJ a) The project site has been previously disturbed with the existing single-family residential land use. The proposed project would not result in the loss of availability of a known mineral resource of value to the region or the residents of the State of California. b) The State of California Department of Conservation has not designated the project site for mineral resource protection. Therefore, no impacts to mineral resources are anticipated as a result of the proposed project. Mitigatiou: No mitigation measures are required. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable c- standards of otheragencies? b) Exposure of persons to or generation of excessive groundbome vibration or grounclbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the proj ect? d) A substantial temporary or periodic increase in ambient noise levels in the proj ect vicinity above levels existing without the proj ect? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, 13-47 o o o o o o o o o o o o . . o . o o o o . o . . Issues: Potentially Significant Impact Less Than Significant With lV1itigation Incorporated Less Than Significant Impact No Impac.t would fue project expose people residing or working in fue project area to excessive noise levels? Comments: a-d) It is anticipated that on-site workers and adjacent residential population may be exposed to construction noise associated with short-term construction activities. However, the project will be required to comply wifu the City's Noise Ordinance. In addition, due to the minimal construction activities' associated with fue project, impacts to surrounding residential properties related to construction noise levels are not expected to be significant. The proposed residential proj ect is not located within fue Health Risk Assessment Area (HRAA), within 500 feet of any adj acent freeway or highway. The project is not anticipated to potentially violate fue noise limits of fue. City's noise control ordinance. The project site contains eucalyptus trees and according to the Biological Resource Study, fuere is potential for raptor nesting in eucalyptus trees. Potential short-term construction noiselraptor nesting impacts are addressed in the Mitigated Negative DeClaration, Section E, under Biological Resources. e-f) The project is not located within an airport land use plan or within two miles of a public airport, nor is it located within the vicinity of a private airstrip. Therefore, fue project development would not expose people residing or working in the proj ect area to excessive noise levels. Mitigation: No mitigation measures are required. XII. POPULATION AND HOUSING. Would fue proj ect: a) Induce substantial population growth in an area, eifuer directly (for example, by proposing new homes and businesses) or indirectly (for example, furough extension of road or ofuer infrastructure)? D D D . b) Displace substantial numbers of existing housing, necessitating fue construction of replacement housing elsewhere? D D D . c) Displace substantial numbers of people, necessitating fue construction of replacement housing elsewhere? D D D . 13-48 Issues: Potenti.a.lly Significant Impact Less Than Significant With lYIitigation Incorporated Less Than Significant Impact No Impac:t Co=ents: " a-c) The project is surrounded by existing residential development and involves the removal and replacement of one single family residence. The proposed. project does not involve the extension of public facilities that would induce substantial growth. Future residential development of the site for the proposed 12 single-family residential units is consistent with the General Plan and would not exceed the regional or local population projections. The proposed project would involve the partial rezoning of the RIP6 to Rl Zone to be consistent with the adjacent single-family residential properties to the north, south and east. The proposed project would not involve displacement of existing housing or individuals. Miti!!"ation: No mitigation measlrres are required. XIII. PUBLIC SERVICES. Would the project: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered gov=mental facilities, the construction ofwmch could cause significant enviromental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services: a. Fire protection? 0 0 . 0 b. Police protection? 0 0 0 . c. Schools? 0 0 D . d. Parks? 0 0 . D e. Other public facilities? 0 0 D . 13-49 Issues: Potentially Significllnt' Impact Less Than Significant With lYlitigation Incorporated Less Than Significant Impact No Impact Comments: a) Accorcling to the Fire Department, adequate fire protection services can continue to be provided to the site. The applicant will be required to comply with the Fire Department policies for fire hydrant placement, .fire truck tlUTIaround. and .new builcling construction. The City's Fire performance o bj ectives and tIo.resholds will continue to be met. b) Accorcling to the ChuIa Vista Police Department, adequate police protection services can continue to be provided upon completion of the proposed proj ect. The proposed proj ect would not have a significant effect upon or result in a need for substantial neW or altered police protection services. Tbe City's Police performance objectives and thresholds will continue to be met c) The proposed proj ect would not induce substantial population growth; therefore, no significant adverse impacts to public schools would result Accorcling to the Chula Vista Elementary School District letter dated January 5, 2006, the applicant would be required to pay the statutory builcling permit school fees for the proposed residential construction or an alternative financing mechanism such as participation in or annexation to a CFD is recommended. d) The proposed project would not induce significant population growth, as it is a small residential infill project. However, the applicant sball be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945 adopted by City Council on January 6,2004. e) The proposed proj ect would not have a significant effect upon or result in a need for new or expanded governmental services and would continue to be served by existing public infrastructme. Mitigation: No mitigation measures are required. XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would oc= or be accelerated? o o . o b) Does the proj ect include recreational facilities or require the construction or expansion 'of recreational facilities, which have an adverse physical effect on the enviroment? o o o . 13-50 Issues: Comments: Potentially Significant" Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact a) The proposed project would not induce significant population growth, as it is a small residential iniill project and would not impact existing or proposed recreational facilities. However, the applicant will be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945 adopted by City Council on January 6, 2004. b) The project does not include the consi:r\1ction or expansion of recreational facilities. The project site is not planned for anyfuture parks and recreation facilities or programs. Therefore, the proposed project would not have an adverse physical effect on the recreational environment. 1\1itie:ation: No mitigation measures are required. XV. TRANSPORTATION / TRAFFIC. Would the proj ect: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air tra.:ffic pattems, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantia1ly increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompauble uses (e.g., farm equipment)? e) Result in inadequate =ergency access? 13-51 o o o . o o o . o o o . o o o . o o o . g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Less Than Patentinlly Significant Less Than No Significant With Significant Imp.c.t Impact .lY.fitigatian Impact Incorporated 0 0 0 . 0 0 0 . Issues: f) Result in inadequate parking capacity? Comments: (a,b,d,e) According to the Traffic Engineering Department, the proposed residential infill project is not anticipated to result in any significant traffic, crrculation or emergency access impacts. The project generated traffic trips are minimal, approximately 120 Average Daily Trips (ADTs) that is not considered to be a sugstantial increase ini either numbr of vehicle trips, volume or capacity. In addition, the project- generated trips .will not exceed the level of service . standard, established by the county congestion management agency for designated roads or highways. Therefore, will not create significant traffic operations impacts along North Del Mar Avenue and surrounding residential or collector streets. c) The proposal would not have any significant effect upon any air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. f) The proposal includes garage space including pullout spaces and 10 parking spaces on Villas Del Mar Court in accordance with the Chula Vista Zoning Code. The proposal meets ADA requirements for accessibility and parking. g) The proposal would not conflict with. adopted transportation plans or alternative transportation programs. There are no bus turnouts or public transportation systems along this portion of N. Del Mar Avenue. .Mitigation: No mitigation measures are required. XVI. UTILITIES Ai"ID SERVICE SYSTEMS~ Would the ptoj ect: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? o o o . b) Require or result in the construction of new water or wastewater treatment facilities or expansion of o o . o 13-52 Issues: existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new stonn water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Haire sufficient water supplies available to serve the proj ect from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? 13-53 Potentially Significant Impact o o o o o Less Than Significant With lYIitigation Incorporated o o o o o Less Than Significant Impact . o . o o No ImP3:ct o . o . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project site is located within an urban area that is served by all necessary utilities and service systems. According to the Engineering Department, no exceedance of wastewater requirements of the Regional Water Quality.Control Board would result fr.om the proposed project. b) According to Sweetwater Authority correspondence dated February 22, 2006 and March 28. 2006. an existing 6-inch water main is located on the east side of North Del Mar Avenue with one existing water service- to the site. The proposed improvements will include a new water main extension wimin the proDosed Drivate road that connects to the existing Authority water main in N OrID Del Mar Avenue. and terminates in the ~ro:osed cul-de-sac. This would include new separate laterals and meters, as well as-the ins:alh.tion af ro-l:~8. pressnre Friasi"l. .ackIlo,; a.',ices ",8. Bflcck ..-al',-es on a;ay mdi.,idual fire protection sys:tems. for each Darcel. Should anv.ofthe DIoposed residences be required to have a buildin2: fire sprinkler system. then each water service shall be eauiuoed with an anoroved backflow nIotection device that would be owned and maintained bv the "Dronertv O\Vller. As the water facility improvements are designed in accordance with water authority standards, no significant impacts to existing facility systems will occur as a result of the proposed project. See Mitigated Negative Declaration, Section E '(HazardslHazardous Materials and HydrologyfWater Quality) for details regarding the existing septic tank and new wastewater service systems for the proposed project. c) The proposed project will result in the construction of new storm water drainage facilities and expansion of existing facilities. The poiential discharge of silt during construction activities could impact the storm drain system. Appropriate erosion control measutes will be identified in conjunction with the preparation of final grading plans to be implemented during construction. The proposed project is subject to the NPDES General Construction Permit requirements and shall obtain permit coverage and develop a Storm Water Pollution Prevention Plan (SWPPP) prior to issuance of grading permits. In addition, the proj ect shall.be conclitioned to implement construction and post-construction water quality Best ManageDJ.ent Prac-q.ces-(B:tvfPs) for storm water pollution prevention in accordance 'iVith the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP). No significant impacts to the City's storm drainage facilities are anticipated as a result of the proposed project. d) The project site is within the potable water service area of the Sweetwater District. Pursuant to correspondence from the Sweetwater Authority, the project may be serviced from the 6"-water main on N. Del Mar A venue and the applicant "ill need to install a service main io service this site. The proposed project will be required to construct expansions to existing water facilities as desCDoed in Section b aJ:>ov:e. e) See XVI.a. and b. f) The City of Chula Vista is served by regionallandfil1s with adequate capacity to meet the solid waste needs of tb.e' region in accordance with State law. g) The proposal would be conditioned to comply with federal, state and local regulations related to solid waste. Mitigation: See Section E of the Mitigated Negative Declaration; refer to the Hydrology and Water Quality and Hazards/Hazardous Materials Sections. The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate identified storm water/storm drainage and wastewater impacts to a level of less than significant. 13-54 Issues: XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A) Library The City shall .construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the city- wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. B) Police a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One'; emergency calls within seven (1) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. b) Respond to 57 percent of "Priority Two" urgent calls within seven (1) minutes and maintain an average response time to all ''Priority Two" calls of 7.5 minutes or less. C) Fire and Emergencv Medical Emergency responSe: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured annually). D) Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections.. Signalized intersections west ofI-80S .are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. 13-55 Potentially Significant Impact o o o o Less Than Significant . With lYIitigntion Incorporated o o o o Less Than Significant Impact o o o o No Impac:t . . . . Less Than Potentially Significant Less Than No Issn es: Significant With . Significant Impact Impact Mitigation Impact Incorporated E) Parks and Recreation Areas 0 0 0 . The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and comlUnity parJdand with appropriate facilities/l,OOO population east ofT-80S. F) Drainage 0 0 . 0 The Threshold Standards require that storm water flows . and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. G) Sewer o o . D The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual proj ects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. H) Water o o D . The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee offset program the City of Chula Vista has in effect at the time of building permit issuance. 13-56 Issues: Potentially Significant. Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Imp~ct , CoIllIIients: a) The project would not induce substantial population growth; therefore, no impacts to horary facilities would result. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed project b) According to the Police Department, adequate police protection services can continue to be provided upon corupletion of the proposed project. The proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. No adverse impact to the City's Police Threshold standards would occur as a result of the proposed project. c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be provided to the project site. Although the Fire Department has indicated they will provide service to the project, the project will contribute to the incremental increase in fire service demand throughout the City. This increased demand on fire services will not result in a significant cumulative impact No adverse impact to the City's Fire and Emergency Medical Threshold standards would occur as a result of the proposed project. . d) According to the Traffic Engineering Division, the SUlIounding street segments and intersections including Third Avenue and Del Mar Avenue will continue to operate in compliance with the City's traffic threshold standard with the proposed project traffic. No adverse impact to the City's traffic threshold standards would occur as a result of the proposed project e) The proposed project would not induce significant population growth, as it is a small residential infill project and would not impact existing or proposed recreational facilities. However, the applicant shall be required to pay ParlcAcquisition and Development Fees (pAD) in accordsnce with Ordinance No. 2945 adopted by City Council on Janrurry 6,2004. f) Based upon the review of the project, the Engineering Department has detennined that there are no sigDificant issues regarding the proposed drainage improvements of the project site, The. proposed drain system includes improvements to existing drainage culverts to halldle 100-year storm events, a series of iulets, private catch basins and culverts, underground detention systems, discharge controls, and filtering systems. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. . g) The project site is within the boundaries of the City of Chula Vista wasiewater services area. The existing area sewer facility .system includes sewer lines along Bayview Way and along Vista .Del Mar Court There are currently no sewer mains abutting the property that would allow for gravity-type flow. Therefore an off-site main extension through the TIrird Avenue right of way, and an 8" PVC sewer main up to the southwest comer of the subject site and into the proposed project court cul-de-sac are proposed to service the various lots. The applicant shall be required to submit a final sewer plan to the satisfaction of the City Engineer. The applicant is required to grant an easeJ:lk-nt to the City of Chula Vista wastewater services for the purpose of maintenance of the proposed sewer lines. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the proposed project. h) The project site is within the potable water service area of the Sweetwater District Pursuant to correspondence from the Sweetwater Authority, the project may be serviced from the 6" -water main on N. Del Mar Avenue and the applicant will need to install a service main to service this site. No significant impacts to existing facility systems or the City's water threshold standards will occur as a result of the proposed project Mitigation: No mitigation measures are required. 13-57 Issues: XVllI. iYlAJ.'IDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential tp degrade the quality of the enviroment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife populatipn to drop below self-sustaining levels, threaten to eliminate a .plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the. . incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have enviromental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impa.ct Less ThaII Significant Impact o o o . o o o . o o o . See Mitigated Negative Declaration, Section E. Potential short-term construction noise/raptor nesting and biologically sensitive impacts are addressed in the Mitigated NegatiVe Declaration, Section E, under Biological Resources. a) b) The project site has been previously disturbed with a similar residential land use and site improvements. No cumulative considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future projects have been identified. c) The proj ect will not cause substantial adverse effects on human beings, either directly or indirectly, as the proposed project has been mitigated to lessen any potential significant impacts to a level of less than significance. iYfitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to a level ofless than significance. 13-58 XIX. PROJECT REVISIONS OR iYIITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table I, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration IS-04-022. . XX. AGREEMENT TO IMPLEMENT lVIITIGATION MEASURES By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read, understood and have their .respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval . and that the Applicant and/or Operator shall apply for an Environmental Impact Report. 'Sf J( -;0 ~5"~&zcl" Printed Name and Title of Applicant (or authorized representative) /Zi14 Sigftawfe &f Applicant (or authorized representative) 1 h; & ? . ~ N/A Printed Name and Title of Operator (if different from Applicant) N/A Signature of Operator (if different from Applicant) Date 13-59 . XXI. ENVIRONlVIENTAL FACTORS POTENTIALLY AFFECTED: The enviromental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. . Geophysical OT ransportation/Traffic . Biological Resources o Energy and Mineral Resources o Public Services o Utilities and Service Systems o Land Use and Planning o Population and Housing o Aesthetics o Agricultural Resources . Hydrology/Water .Hazards and Hazardous. Materials o Noise o Cultural Resources . Air Quality o Paleontological Resources o Recreation o Mandatory Findings of Significance 13-60 XXII. DETERiVIlNATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on. the environment, and a Negative Declaration will be prepared. r find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the proj ect have been made or agreed to by the proj ect proponent. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, and an Environmental Impact Report is required. I find that the proposed project may have a "potentially significant impacf' or "potentially significant unless mitigated" impact ori the. environment, but at least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation.measures based on the earlier analysis as described on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ~~1!~~' Environmental Review Coordinator City of CI;mla Vista '7/"//;J- D~tel ]:\Planning\M.ARJA\Initial Study\Vi11as Del Mar\IS-04-022draftChecklistdoc 13-61 07 o . o o o ATTACHMENT 3 PLANNING COMMISSION RESOLUTION AND MINUTES FOR OCTOBER 18, 2006 13-62 Planning Commission - 2 - October 18, 2006 1. PUBLIC HEARING: PCS 04-06; Consideration of a Tentative Subdivision Map to divide a 2.06 acre project site into 10 residential lots. Villas Del Mar, LLC. (Quasi-Judicial) Background: Jeff Steichen reported that in this re-submitted project, the applicant is requesting to divide a 2.06-acre site into a 10 lot standard residential subdivision. While the previous project requested 12 residential lots with one common lot, the request was revised based upon concerns raised at the May 10, 2006 Planning Commission meeting. Along with the reduction in number of lots, the original project proposal requested a rezone and precise plan, which are no longer necessary. Staff Recommendation: That the Planning Commission adopt Resolution PCS 04- 06A recommending that the City Council; 1) rescind previous action taken on original project at the meeting of May 10, 2006, and; 2) approve the proposed Tentative Subdivision Map based on the findings and subject to the conditions contained in the City Council resolution. Commission Questions/Comments: Cmr. Tripp inquired why the Planning Commission would need to rescind a previous action on a project that is different from the one that is being presented tonight. Michael Shirey, Deputy City Attorney III responded that rather than requiring the applicant to resubmit a whole new project, procedurally, staff determined that this was the best way to handle it. Additionally, there are provisions in the code that allow for it to be handled in this manner and even though the project has changed, staff would rather rescind the prior project and move forward with the new proposal. Cmr. Tripp stated that he noted a change in the new plans where they've relocated a detention basin underneath a roadway and inquired if that was a standard practice to locate them underneath a paved roadway. Jim Newton, Sr. Civil Engineer responded that it is not uncommon to have a detention basin underneath a paved surface; you'll find them in parking lots of commercial projects and private streets. Cmr. Felber inquired what provisions there are for sidewalks. Jim Newton responded that as a private street cross section, sidewalks are not required. 13-63 Planning Commission - 3 - October 18, 2006 Public Hearing Opened. Alfred Welker, 168 North Del Mar Avenue stated thaj the main issue he wanted to point out is that the lower portion of this subdivision should be served from a Third Avenue extension. Lance Longacker, 250 Vista Del Mar Court stated that the bottom portion of the development is crammed with homes and they're not using Third Avenue to the best of their ability. Mr. Longacker also pointed out that there is an alternate route around the side of the trailer park to the east. He is also concerned that there are no sidewalks proposed for the project. GiI Martinez representing the applicant, stated he was available to answer questions. Don Sandoval, 152 North Del Mar stated he hopes the project will not adversely impact his quality of life and jeopardize the beautiful view of the harbor he has enjoyed for the past 40 years. He urged the Commission to take all recommendations into account. Cmr. Bensoussan inquired if the walls that are being proposed along Third Avenue had any landscaping surrounding them. John Coffee responded that they are proposing to landscape both sides of the wall to provide as much screening as possible. Cmr. Bensoussan inquired why the Third Avenue entrance wasn't used. Mr. Coffee responded that they would need to take additional land from southerly lots in order to improve Third Avenue to the City's public street standards. Jim Newton stated that currently the City's portion of the right of way along Third Avenue is only 30 feet; the public street requirement is 62 feet wide. In order to improve Third Avenue, it would entail acquiring additional land from multiple landowners to the west. Terry Sapp, 255 Shirley Street, stated her main concern is people not being able to park in front of their house and how that will spill over to other public streets. Public Hearing Closed. 13-64 Planning Commission -4- October 18, 2006 Cmr. Tripp stated that although he's not a fan of no sidewalks, the project is much improved from the one that was previously submitted and is a better fit in the neighborhood. Cmr. Bensoussan stated that she concurs that the project is much improved and the applicant addressed some of the concerns that were raised in the earlier hearing. She is, however, concerned that there are no sidewalks being proposed and would like the project to include sidewalks. Cmr. Felber inquired what is the applicant's reason for excluding sidewalks. Mr. Martinez stated that one of the considerations was that aesthetically the project would look better without the sidewalks; there would be more room for landscaping. There's also plenty of precedence established with private streets not having sidewalks, however, if it comes down to it, they would hate to see the project be jeopardized over sidewalks, therefore, they would be willing to reconsider their position. MSC (Vinson/Bensoussan) (5-0-1-0) that the Planning Commission adopt Resolution PCS 04-06A recommending that the City Council; 1) rescind previous action taken on original project at the meeting of May 10,2006, and; 2) approve the proposed Tentative Subdivision Map based on the findings and subject to the conditions contained in the City Council resolution with the following additional Condition of Approval: . That the project include a continuous sidewalk on at least one side of the street. Motion carried. 13-65 RESOLUTION NO. PCS-04-06A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION 1) RESCINDING PREVIOUS ACTION TAKEN ON ORIGINAL PROJECT AT MEETING OF MAY 10,2006 AND 2) RECO:MMENDINGTHAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-04-022; AND APPROVING AND ESTABLISHING CONDITIONS OF A REVISED TENTATIVE MAP TO DIVIDE 2.06 ACRES LOCATED ON THE WEST SIDE OF N. DEL MAR AVENUE INTO 10 SINGLE-FAMILY RESIDENTIAL LOTS-VILLAS DEL MAR DEVELOPMENT, LLC. WHEREAS, on January 20,2004 a duly verified application for PCS 04-06 and on June 22, 2005 a duly verified application for PCZ 05-03 were filed with the City of Chula Vista Planning and Building Department, requesting approval of a Tentative Subdivision Map to subdivide 2.06 acres into 13 lots, and rezone application requesting a change from the R1 to RIP6 zone with Precise Plan Modifying District Standards ("Previous Project"); and WHEREAS, the project has subsequently been revised to eliminate the need for a rezone with Precise Plan Modifying District Standards and to reduce the number of residential lots from 12 to 10, with the elimination of the common lot. In addition, the revised project no longer requires a rezone application with Precise Plan Modifying District Standards ("Currently Proposed Project"); and WHEREAS, the area of land commonly known as Villas Del Mar (pCS 04-06) Tentative Subdivision Map (pCS-04-06), Chula Vista Tract No. 04-06, which is the subject matter of this Resolution, is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of2.06 acres located on the west side ofN. Del Mar Avenue ("Project Site"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS-04-22 in accordance with CEQA; and WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator has determined that the proj ect could result in significant effects on the environment. However, revisions to the proj ect made by or agreed to by the Developer would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-22; and WHERAS, the Environmental Review Coordinator has determined that the changes to the Currently Proposed Project, which were predicated upon previous Planning Commission and Public Review, are minor with no additional environmental impacts or issues identified that are not already covered under the Mitigated Negative Declaration 1S-04-022 addressed in the previous project. Therefore, pursuant to CEQA Guidelines Section 15073.5( c) recirculation of the Mitigated Negative Declaration is not required; and 13-66 WHEREAS, on May 10, 2006 the Planning Commission considered the Previous Project and recommended denial of the rezone with precise plan and accompanying tentative subdivision map for a 12 lot single family planned residential development; and WHEREAS, following the Planning Commission meeting, the applicant has worked with staff in an effort to develop a revised proj ect which addresses the concerns of the Planning Commission as well as the surrounding residents; and WHEREAS, pursuant to Chula Vista Municipal Code Section 2.04.570(B), the Currently Proposed Project was brought back to the Planning Commission with a two part request: 1) that the Planning Commission rescind their previous action of May 10, 2006 and 2) that the Planning Commission consider the revised project proposed by the applicant; and WHEREAS, on September 7, 2006, a neighborhood meeting was held at Rosebank EI=entary School in order to discuss the Currently Proposed Project with surrounding neighbors; and WHEREAS, the Planning Commission does hereby find that in the exercise of their independent review and judgement, as set forth in the records of its proceedings,the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-022) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City Of Chula Vista, and hereby recornn'lends that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-022); and WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., October 18, 2006 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION 1) rescinds previous action taken on May 10, 2006 and 2) recommends that the City Council adopt the attached Draft City Council Resolution approving the Proj ect, and Mitigated Negative Declaration IS-04-022 in accordance with the findings and subj ect to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 18th day of October, 2006, by the following vote, to-wit: 13-67 AYES: NOES: ABSENT: Bryan Felber, Chairperson ATTEST: Diana Vargas, Secretary J:\Plarming\Case Files\-05 (FY 04_05)\PCZ\PCZ_05-03\Resolutions\OCT 18 2006 PC RESOLUTION.doc 13-68 ATTACHMENT 3 PLANNING COMMISSION RESOLUTION AND MINUTES FOR OCTOBER 18, 2006 13-69 RESOLUTION NO, PCZ 05-03/ PCS-04-06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING CONIMISSION RECOMMENDING THAT THE CITY COUNCIL DENY THE REZONE WITH PRECISE PLAN sTANDARDS; AND DENY THE ACCOMPANYING TENTATNE MAP TO DNIDE 2.06 ACRES LOCATED ON THE WEST SIDE OF N. DEL MAR AVENUE INTO 12 RESIDENTIAL LOTS AND ONE CO:MMON LOT IN ORDER TO ALLOW A PLANED RESIDENTIAL DEVELOPMENT-VILLAS DEL MAR DEVELOPMENT, LLC. WHEREAS, on January 20,2004 a duly verified application for PCS 04-06 and on June 22, 2005 a duly verified application for PCZ 05-03 were filed with the City of Chula Vista Planning and Building Department, requesting approval of a Tentative Subdivision Map to subdivide 2.06 acres into 13 10ts("Project"), and rezone application requesting a change from the Rl to RlP6 zone with Precise Plan ModifYing District Standards ("Project"); and WHEREAS, the area of land co=only known as Villas Del Mar (pCS 04-06) Tentative Subdivision Map (pCS-04-06), Chula Vista Tract No. 04-06, which is the subject matter of this Resolution, is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of2.06 acres located on the west side ofN. Del Mar Avenue ("Project Site"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Proj ect for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS-04-22 in accordance with CEQA; and WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator has determined that the proj ect could result in significant effects on the environment. However, revisions to the project made by or agreed to by the Developer would avoid the effects orrnitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-22; and WHEREAS, the Planning Co=ission does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (1S-04-022) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City OfChula Vista; and WHEREAS, The Planning Commission does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (1S-04-022) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the Planning Commission having received certain evidence on March 10,2006, as set forth in the record of its proceedings herein by reference as is set forth in full, made certain findings, as set forth in their reco=ending Resolution PCZ-05-03/PCS-04-06 herein, and recommended that the City Council deny the Proj ect based upon findings of Section 19.14.576 of the 13-70 Municipal Code and in accordance with Government Code Section 66474; and WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, ,was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 10, 2006 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council deny the Rezone with Precise Plan standards and accompanying tentative map based upon the following findings: 1. That such use will under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity;. The Commission finds that proposed precise plan development standards would allow the applicant to develop the proj ect site in a way which is not compatible with the existing development of the surrounding neighborhood. The proposed lot sizes closest to North Del Mar Avenue are well below the size of the adjacent lots to the north and south, as well as 2,000 square feet below the minimum lot size required by the existing Rl zone established for parcels fronting on N. Del Mar Avenue and surrounding residential streets. Traffic generated by allowing development under the proposed precise plan could negatively impact the neighborhoods existing quality of life. 2. That such plan does not satisfY the principles for application of the "P" modifYing district as setforth in CVMC 19.56.041: (a) The Commission finds that although the property is unique in terms of its topographic constraints on the western portion of the project site, the eastern portion could still be developed under the existing R-l zoning which would result in lot sizes and overall density more compatible with the surrounding existing neighborhood. (b) The Commission finds that although the western portion of the property is adj acent to and contiguous to a zone allowing different land uses, the eastern portion which is currently zoned R-l is more consistent with the surrounding residential development than would be the applicant proposal for the eastern portion of the proj ect site under a precise plan. (c) The basic or underlying zone regulations for the eastern portion of the proj ect site currently zoned R -1 do allow this part of the development to achieve an efficient and proper relationship among the uses allowed in the adj acent zones as said 13-71 adj acent uses on the eastern portion of site are also single-family residential R-l zoned properties. (d) Although the proj ect site consists of two slightly different zone classifications, being a single parcel, is under one ownership. The Commission finds that it is not necessary to place a P modifying district over the site in order to enhance ability to coordinate development of the site. 3.That exceptions granted which may deviate from the underlying zoning requirements are not warranted to meet the purpose and application of the P precise plan modifying district; While the allowance of a precise plan on the western portion of the site which already contains a P precise plan modifier (RlP6) may allow for a better development pattern on this portion of the site, given the topographic constraints, and variation in adjacent land uses, the Commission finds it is not necessary to rezone or allow a precise plan to extend to the eastern portion of the proj ect site given the size of the existing residential development to the north, east and south. 4. That approval of this plan will not conform to the general plan and the adopted policies of the city and therefore meets the reasons for denial stated in Section 66474 of the State Government Code. Although the project proposed under the precise plan meets the density allowed under the existing Residential-Low-Medium 3-6 dulacre designation of the General Plan the Commission finds that the lot layout on the eastern portion of the site is not compatible with existing lot sizes to the north, south and east. In addition, it is necessary to adopt both the rezone and precise plan in order to achieve the proposed density of 12 dulac which is at the upper range of density allowed (6 dulac). The Planning Commission finds a more appropriate density given the surrounding neighborhood would be more in the mid range of allowable density. This would also allow the proj ect more consistent with City policies reflecting the importance of neighborhood compatibility. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this lOth day of May, 2006, by the following vote, to-wit: AYES: NOES: ABSENT: 13-72 Vicki Madrid, Chairperson ATTEST: Diana Vargas, Secretary J:\Planning\Case Filesl-06 (FY 05-D6)IGP AI gpa-05-O I ]CS-03-01-PCRes 13-73 ATTACHMENT 4 PLANNING COMMISSION RESOLUTION AND MINUTES FOR MAY 10, 2006 13-74 3. PUBLIC HEARING: PCS 05-03 f PCS 04-06; Consideration of the following: a. Rezone with Precise Plan Modifying District to change to eastern 200 feet of project site from R1 to R1 P6 along with Precise Plan development standards. b. Tentative Subdivision Map to divide 2.06 acre project site located at 160 North Del Mar into 12 residential lots and one common lot in order to allow a planned residential development. Villas Del Mar, LLC. Background: Jeff Steichen reported that the project proposes to subdivide a 2.06 acre lot into 12 single-family residential lots ranging in size from 4,291 sf to 6,511 sf. The site constraints of the project are: Confiquration - The parcel is long and narrow with only 80 feet of frontage along North Del Mar Avenue. Topoqraphv - The existing site contains steep terrain, which slopes downward to the west. Access - Access to the project will be via a 24 foot wide private drive connecting to North Del Mar Avenue. Due to the narrow width, no parallel on- street parking shall be allowed. Although North Third Ave. abuts the western edge of the property, only half of the needed right-of-way width for public residential street has been granted for a public street. Widening of the Third Avenue easement in -order to create a public road would be difficult due to topographic constraints and negative impacts to the mobilehome park to the west. If an access road were to be provided along northThird Avenue, there is no room to provide a turn around that would meet the requirements for emergency vehicles. The applicant proposes rezoning of the eastern 200 feet of the site from the existing R1 to match the existing R1 P6 zoning on the majority of the site. This would allow for a rnaximum density of 6 units per acre. Each of the units will have a two car garage and on-street guest parking is being provided for 10 spaces. There are conditions being proposed for the CC&R's stating that the garages must be free and clear for parking of two vehicles at all times, no on-street parking will be allowed along the private street and that the driveway should be available for additional guest parking. Frank Rivera, City Engineer stated that based on concerns expressed from surrounding residents, a traffic analysis was conducted and traffic counts were conducted on North Del Mar and North Second Ave. which, determined 13-75 Planning Commission Minutes -2- May 10, 2006 that the added traffic that the proposed project would generate would still be within the City's design guidelines as a level of Service C. Staff Recommendation: That the Planning Commission adopt resolution recommending that the City Council approve tbe proposed rezone and Tentative Subdivision Map based on the findings and subject to the conditions ' contained therein. Commission Comments: Cmr. Nordstrom inquired how the no-parking restriction on the private street within the project would be enforced. John Schmitz responded that it would be part of the CC&R's and the Home Owners Association would be responsible for enforcing those rules. Cmr. Felber inquired how the parking in the garages would be enforced. John Schmitz stated that, as with the no-parking restriction, the HOA would be responsible for enforcing them. Public Hearing Opened. Gil Martinez, GMA IntI. stated that they worked extensively with all City departments (Fire, Engineering, Planning) for over two years and as with most in-fill projects, there are issues and constraints associated with the proposal. Mr. Martinez stated that after extensive work and redesign of the project, they believe that they have a project that is compatible with the neighborhood and surrounding land uses. The project offers the following benefits to the community: . the project is compatible with the neighborhood and land uses . the project maintains the existing land form, slopes, etc. . the project is satisfying the demand for moderate price housing . the project is proposing a park accessible to the residents and maintained by the HOA . the project will contribute over a half million dollar in fees to the City Mr. Martinez stated he was available to answer any questions or concerns that the Commission or members of the public might have. Cmr. Bensoussan asked for clarification as to whether the park would be private or public. 13-76 Planning Commission Minutes - 3- May 10, 2006 Mr. Martinez responded that this is not a gated community, therefore, it would be accessible to local residents, albeit, through a private street. Lance Longaker, 250 Vista Del Mar Ct. stated that where normall a 7,000 sf lot is what is required for a project such as this, the develQper is proposing to reduce the lots to 4,300 sf in order to squeeze in 12 units into such a small area. Furthermore, by developing on a private road s. a public road, they are able to get away with not installing street improvements i.e. sidewalks, parking spaces, and height requirements on the homes. If they reduced the project from 12 to 10 units, they'd be able to meet the turn-around space for emergency vehicles. He opposes the project as proposed. Don Sandoval, 153 North Del Mar, Chula Vista stated that his main concern is that he's heard that the developer is going to haul in over 400 tons of dirt behind his home to elevate the property. He is concerned with where the ground level is going to be and what that's going to do with the view that he presently enjoys. He opposes the project as proposed. Duane Sandoval, 547 Laguna Street, Chula Vista, stated that he does not oppose change, however, as Mr. Longaker stated earlier, the project size exceeds what the property can comfortably support. Mr. Sandoval recommends that the zone remain R-1 and stated that there will definitely be traffic impacts if 12 more houses are allowed to be constructed. He opposes the project as proposed. Terry Sapp, 255 Shirley Street, Chula Vista, stated she opposes the project as proposed because the property is too small to support the density the builder is proposing. Furthermore, it's inconceivable that residents would be prohibited from parking in front of their own house or that someone's RV might impede access to an emergency vehicle because the roads are too narrow. Alfred Welker, 168 North Del Mar Avenue; stated he opposes changing the zone from R-1 to R1P6 and opposes the project because of the small lot sizes in order to cram as much density as the can get away with in this small parcel; these many houses being served by such a narrow drive is going to create problems. Cmr. Bensoussan stated she counted 3 lots in the section that is zoned R-1 and inquired from the developer what is the number of units he is proposing for this section. Federico Escobedo, representing Villas Del Mar responded that they are proposing to put 2 units in the R-1 section. Public Hearing Closed. 13-77 Planning Commission Minutes - 4- May 10, 2006 Cmr. Bensoussan inquired why this isn't a General Plan Amendment if they are proposing to change the zone. Mr. Schmitz responded that the General Plan land use designation would allow them the density they are proposing; it's a matter. of how those units are distributed within the property. This is one parcel with tWo zonings. Cmr. Bensoussan stated she is concerned with compromising the integrity of the R-1 zone. Already the allowance of ADU's in the R-1 zone is turning it into R- 2. Cmr. Bensoussan further stated that she doesn't see an overriding consideration or need to change the zoning, other than to be able to get more units on the parcel. Cmr. Tripp stated that the project requires 12 deviations; its too big, too tight, it doesn't fit and he won't be able to support the project. MSC (Tripp/Bensoussan) (5-0) that the Planning Commission recommend denial of the project. Motion carried. 13-78 RESOLUTION NO. PCZ 05-03/ PCS-04-06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL DENY THE REZONE WITH PRECISE PLAN STANDARDS; AND DENY THE ACCO:MPANYING TENTATNE.MAP TO DIVIDE 2.06 ACRES LOCATED ON THE WEST SIDE OF N. DEL MAR AVENUE INTO 12 RESIDENTIAL LOTS AND ONE COMMON LOT IN ORDER TO ALLOW A PLANED RESIDENTIAL DEVELOPMENT-VILLAS DEL MAR DEVELOPMENT, LLC. WHEREAS, on January 20,2004 a duly verified application for PCS 04-06 and on June 22, 2005 a duly verified application for PCZ 05-03 were filed with the CityofChula Vista Planning and Building Department, requesting approval of a Tentative Subdivision Map to subdivide 2.06 acres into 13 10ts("Project"), and rezone application requesting a change from the Rl to RIP6 zone with Precise Plan Modifying District Standards ("Project"); and WHEREAS, the area of land commonly known as Villas Del Mar (PCS 04-06) Tentative Subdivision Map (pCS-04-06), Chula Vista Tract No. 04-06, which is the subject matter of this Resolution, is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of2.06 acres located on the west side ofN. Del Mar Avenue ("Project Site"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS-04-22 in accordance with CEQA; and WHEREAS, based on the results ofthe Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the Developer would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-22; and WHEREAS, the Planning Commission does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-022) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures ofthe City Of Chula Vista; and WHEREAS, The Planning Commission does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (1S-04-022) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the Planning Commission having received certain evidence on March 10, 2006, as set forth in the record of its proceedings herein by reference as is set forth in full, made certain findings, as set forth in their recommending Resolution PCZ-05-03/PCS-04-06 herein, and recommended that the City Council deny the Project based upon findings of Section 19.14.576 of the 13-79 Municipal Code and in accordance with Government Code Section 66474; and WHEREAS, the Planning and Building Director set the time and place for a hearing on the Proj ect, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 10, 2006 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council deny the Rezone with Precise Plan standards and accompanying tentative map based upon the following findings: I. That such use will under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity;. The Commission finds that proposed precise plan development standards would allow the applicant to develop the project site in a way which is not compatible with the existing development of the surrounding neighborhood. The proposed lot sizes closest to North Del Mar Avenue are well below the size of the adjacent lots to the north and south, as well as 2,000 square feet below the minimum lot size required by the existing RI zone established for parcels fronting on N. Del Mar Avenue and surrounding residential streets. Traffic generated by allowing development under the proposed precise plan could negati vely impact the neighborhoods existing quality of life. 2. That such plan does not satisfY the principles for application of the "P" modifYing district as set forth in CVMC 19.56.041: (a) The Commission finds that although the property is unique in terms of its topographic constraints on the western portion of the project site, the eastern portion could still be developed under the existing R -I zoning which would result in lot sizes and overall density more compatible with the surrounding existing neighborhood. (b) The Commission finds that although the western portion of the property is adj acent to and contiguous to a zone allowing different land uses, the eastern portion which is currently zoned R-l is more consistent with the surrounding residential development than would be the applicant proposal for the eastern portion of the project site under a precise plan. (c) The basic or underlying zone regulations for the eastern portion of the project site currently zoned R -I do allow this part of the development to achieve an efficient and proper relationship among the uses allowed in the adjacent zones as said 13-80 adjacent uses on the eastern portion of site are also single-family residential R-l zoned properties. (d) Although the project site consists of two slightly different ZOI).e classifications, being a single parcel, is under one ownership, The Commission finds that it is not necessary to place a P modifying district over the site in order to enhance ability to coordinate development of the site. 3.That exceptions granted which may deviate from the underlying zoning requirements are not warranted to meet the purpose and application of the P precise plan modifYing district; While the allowance of a precise plan on the western portion of the site which already contains a P precise plan modifier (RlP6) may allow for a better development pattern on this portion of the site, given the topographic constraints, and variation in adjacent land uses, the Commission finds it is not necessary to rezone or allow a precise plan to extend to the eastern portion of the project site given the size of the existing residential development to the north, east and south. 4. That approval of this plan will not conform to the general plan and the adopted policies of the city and therefore meets the reasonsfor denial stated in Section 66474 of the State Government Code. Although the project proposed under the precise plan meets the density allowed under the existing Residential-Low-Medium 3-6 du/acre designation of the General Plan the Commission finds that the lot layout on the eastern portion of the site is not compatible with existing lot sizes to the north, south and east. In addition, it is necessary to adopt both the rezon.e and precise plan in order to achieve the proposed density of 12 du/ac which is at the upper range of density allowed (6 du/ac). The Planning Commission finds a more appropriate density given the surrounding neighborhood would be more in.the mid range of allowable density. This would also allow the project more consistent with City policies reflecting the importance of neighborhood compatibility. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CIlliLA VISTA, CALIFORNIA, this lOth day of May, 2006, by the following vote, to-wit: AYES: NOES: ABSENT: 13-81 Vicki Madrid, Chairperson ATTEST: Diana Vargas, Secretary J :\Planning\Case Files\-06 (FY 05-06)\GP A \ gpa-05-OI_PCS-03-O 1 ~PCRes 13-82 . l l' 1'1'1 : il! '.->.-> 11:~!1 I I I I: ~. ,).., '\' I ~'~ ~ if :\: ,';; ~&~ r--th "'T-nr,,-'l;I':I"--~-b,- -- I+'--T--~-~#!-' ~;:.1'! , I~ \:" hl:;1 !I II!i!ljr'''- 'f, ,,'; ", h.yf'- ~ lii-Lfi;1 I' I 'ii I';" : : I; II 5' I i : J'~~> i'~ ~I 'I"~: . I I ! ~~ I \ I I I ~ la\."1, I it) I Ea " 1 I I - ~?J!<Ii~ '{'\ . ! :BI'<~ . l~ ~ii! !" ,', '~;li 'i.' It-"-. II i . -:k'ji"':;;;>;; I' . ~ ',', ~!l 1':,.[1 "" .";,~, "-.1 I ~ '11 I~U !i'" ., .1];. ,I : i~ ~~ r ik'";lljl 'II ~ . :''1) l .; J-. ~" t-- . Ii! 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ATTACHMENT 5 LETTERS FROM AREA RESIDENTS 13-84 October 1&,2006- 250 VISta Del Mar Court Chula Vista, Ca. 91910 I~I ~~~~:llfjl I /,.,~.!~ ILSlj - PLANNING J I ( L( r;' I'r i7-{)f? ~ i) i't'^ f':, --'I 1).........- RE: VlJl:as Del Mar DeveIopmeEl: Case # PCS 04-06 Locari.on: 160 North Del Mar Avenue Attn; Jeff Steichen, PrDj,ecLPlalmer City Of Chllia Vista Building 300. Clwl.a VlSta Civil; .ewer 276 Fourth Avenue, Chllia Vista, Ca. 91910 TIle proposed development located lit 160 North Del Mar Ave. co"";"',,,,, to xaisl:} debatl:} amongst the neighborOOod- and- the City Planning Department. During a recent n...tghihoI"h6oo ~with.theCity .on September 7, 2006 , residemsofoor ~.Y gathered- to voice their concerns over the latest proposal for the project. It appeared to many .af"US 1hai: 1he City coold oot address 1he l'eal problems voice in the meeting. lSsues such. as trash service, postal service; on street parking, traffic related problems, side walks, density'i'S. .existilmgSU!ll'OUl1dings :and 1heuse ofNorth Third Ave. as a viable mme to access or depart the clevelopment, were not aclclressecl in the City propesal. It seems t!!mt the fteqllent l'e5pO"USe to m.any .uf.am concemswas " tIDs project is a standard suIb divisien: and requires no mocli!ieations". I feel that this project in it current proposal has addressed sum.e of the issues :raised at 1he !lal;t PJamDing Commi,..,;on meeting, but fuiled to. adclress the larger concerns of the neighborhood. I will attempt to clarifY these issues ODe by ODe. Allow me to express the fact that the neighborhood as a whole is not opposed to the developmem:mtis Jlot , in:filet sum.e of OOi'!:IJlll"em JPffiblems with stray animals:md the homeless people using the lot for sheIter or sOOrt cuts wollid be eliminated. That bei1lg ;saW, land 1he c_""ilJ" fee11hJ1t the de.llStty fOrOOf' :small area would have 1mge impact on our life style. The bottom portion of the 10t is already zoned RlP6 which allows :up :to six 1wmes to be lmi1t lit the lower pmtion of 1he lot with precise plan mocli!ications. The upper portion- of the lot has only eighty feet of frontage along N. Del Mar Ave. :md lwt:l!lty fuuf feet wll! be aH'Cltted fOr a private mad lell.'!<'lEg only fifty six feet for homes to be built on the south side- of the lot. Just looking at the- proposed ma!> shows how crowded the llI"ea _ becvme andoot of place -with the existing strm::tUI:es in the area. Al-so lot # 5 & 7 combined- is almost 2000 square feet less than the minimum IeqOOcement :fur a stai!lilard lot size. Although the City d2ims this shortage is averaged out in the-overall project, we believe-it further shows how the-plan- is cramming too many 13-85 " homes on a lot not suited for it. This lot must remain zoned Rl if it is to be- accepted by this . ".c~. Next lets take- on the trash and posta! service- problems associated with this plan. The ,devclopment will DlJt amd side walks IDr its hmne .ownir.sdue to the coostramts (jf the-lot size- and its irregular shape. The- problem here is that the- trash services will only be piclred up at the tDpofthe mm at North De:!.Mar Aw. which means that iliirtytrash, recycle. and yard waste receptacles will crowd the street because. each can must be spaced 3 feet .apmt inomer IDr the tnu:klio pick them Hp. This wmdd l'eqlliire aOOuteieren fuel of frontage street per home, For l(). homes the required space to stage-the- cans would be about one lmndred .am rem feet (110 feet) {)[North Del:Mar Avemue fr~:For trasliI pick up. If the Home Owners Association (HOA} will contract for dllillpster service, the- space needed to stOife 3l1!Idgive .~ to the trash tm:ck wrndd be aclla!lernge to the space starved development. The- Fostal Service will require a multiple lock box located at North Del Mar AVeIme. The exact location.is not known at 1bis time. People retrieving their mail will ultimately choose- to drive- up. the- steep incline- rather than walk, mce there will be no side waJ1ks in the devel~. am park theiI'= ami troc.lrsnn the frontage- road. The problems could become- even worse if the- HOA decides to make it a gated private read. Finally, I would like to point out the-advantages of using North Third Avenue- as an access rmd Although difficrJilt, it wuuld;OOt be impossible for the city to widen and pave this street, even if it is only a one- way road, its usefulness in our growing community would have many advam.ages. For me thing having through meet Wooirl ailow:Forcity maintenance- workers to easily access the- water, se-wer and storm drains. The- developer .is already prepared to pave a portien ofTImod AvenneIDr this pmpose. The:future homeowners of this development could use this read as an entrance! exit to their homes. Also there.is more vacant .land that .abuts Third A__ which will.everntuaily be OOIlton and will prove- to be- beneficial at that time- to the city as well as the- future- developer. After this ,current deve1opmemt.is in place there will be no more access via North Del Mar to reach the-undeveloped land. abutting Third Avenu~ Why not plan today for tomorrows chail-ernges'l It's the right tbIDg to 00. Using Third Avemeas a viabJ.e route would .aiIow emergency, maintenance and trash services to have easy access to the development as welI.asaReviarethe traffii; 'ClIDCel'Ell expressed by the cnm...".."Y. In closing, I would like to thank the City and Developer for working toward a better cmmmmily fmaiO.. I believe that the pian is not being used to its best poi:enIiial but it isa step in the right direction. I must reaffirm that the Rl zoning must remain in place unless a better plan .is presented that may bellefil:alI cl' us , not jiN the developer. DenSty > trash ,parking and traffic are the. main concerns for a no- vo-te- on this current request. 13-86 d' ~ ~ \\ D --=r: d <-.. <<: &2>\ ----.. o v .. -+ ~Jl .,l J ~ '-.0 ::r:: .s .n ,,- ('f) f::' March 17, 2006 Case Number: ORC-05-56 Project Description: Design Review for 12 unit planned residential development known as "Villas Del Mar" ' Site Address: T 60 North De! Mar Avenue Project Planner Planning Dept Bldo. 3()() , ' ChUia Vista Civic Center 276 Fourth Avenue Chufa Vista, CA 91910 Attn: Jeff Steichen ! am a property owner in the surrounding area of this proposed development. I am concerned' about the environmental impact that this project will have mainly with traffic.. , I am suggesting that '!toe existing road, North Third Avenue, west of this project, be used as the main access road for the residenls of the new homes in this development.. North Third. AvenL'e is already designated for utility use for trash and sewer for this. development Please have whatever issues for using North Third Avenue road be addressed and resolved now. The map shows that there are undeveloped areas around this site.. These areas will probably be developed in the near future, and, they would also benefit with the use this road. Tnanks for your consideration in this matter. Sincerely, ~J-'/31- da(j(j .,........,..r.=:lI1,....'7r;::::~ r--'\ i~ fr'l!. :! \\/' j;::J I '[_'' ,-" ,co., ,.7" n 'I )' " ,," '~ ,. .., '- ,,'-- ......... "'----' ",.. I] I--=-- 1/ ' i; <1. 'II ) ullj MAR 1 7 2006 J~ PLANN1NG T erne A. Sapp 255 Shirley St. Chula VJ.Stil, CA 91910 280 Shirfey St Chura VISta, Cfl, 91910 13-88 '. ._.:~'.. '. .,'''c. .', t){ ~ J " To Chula Vista Cirj COlillcil and Planrring Apri.l 3, 2006 , Subj : New houses 'Nest of Del Mar between NixOIl Place and Ba}l1riew " I strongly object to the placement of 12 new houses and a park on the 2 Y. acres ofland proposed for the following reasons: With access streets and sideViralks there are no yards for the houses. Chula Vista should' maintain. its bedroom community with nice houses and yards and not jam houses so close together that neighbors can wash each others windows. Our neighborhood is zoned to allow single family houses on a lot big enough to have a yard for families. It will ruin it to jam houses on to little lots so small a park for all the hOllses must be built. A builder will make his money and leave but we choose to live in our great neighborhood for many years. Please do not destroy OUR NEIGHBOORHOOD OUR HOiVIES OUR LIFE STYLE just because someone wants to make a few extra dollars at our expense. Proposed park will have problems with who does 'up keep, it will be used by neighborhood kids even though it is private, who will be liable for any accidents. The'l~it.ion of 12 families with 2 cars or more will tremendously impact the traffic in i;l;lis~urhood. I1W'~ ~" ..{ , < - J,.'/ I .i).,;, ,;;;, ,f/_ , R17~h d'" ",. tt~ tr" ""- :0.,." ar :If:j. Da ca.lQ 209 N'1X0n PI Chula Vista, CA 91910 ~ 13-89 '::~'-'::.....;':'.L.,.:,:c.:;'~l"_'''-',.;.::''',,,,,,,;;;'.;.;,:,~.,:,_:,., ~ :,;..'- .: ,. ..:.-;_,c.' '.~~"~.' ,.~.- .;:, --- '-...' -- '--- '..;'".\:"',o.,..::,.,~:.:,:;. -;;':: ;.:,~~.;;':~".';~:~~:..........,. '. ~..,_...;- -,.-' c,.",:'" ~.~, :., "" /0 ./~.~_,..l 1/:. :f __~l.':;'-L.;# l._~.i .e," $ . "'^"~ ,it ~ ",.;1. ,'.f. 'i'? ~. ."'! -) / ..,f..f."".,:'},n,b....l L>~{.l!i~!i"f:.ilrtiff , r,... ':{z\ / P/ ~ ; L/!F;Niif,fir~ v /8. 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'. ...,- 'L,,-,,' ::,-~-. _...... ~. .. ..' _:_:.~... ;'...': '- ... __"..'..:... IU1T'M:;'~-~"20:5 '"':flUJj ! J.. ~ J I -~'L';;t~i,\G--ij .7U WhOm /-;- IlIat W/7CJ2!Y7) 03.c- /7-0(0 6)iYerlVlj +h~ fnj[;(!l, t[+ - / Ie 0 ;lJ Ue / mar 11ve Cas~ # jJj(c. -oS--CG --t - ard ,my -fdfr7l/'/ res/d-e ~+ 230 '. - sA r'rJ~y SF._ ~ C2st you 7'V jJl-6::Z5e -- ----.- - (b()5/oer-__ Ci5/./79 .-. V; __. _3rd ~e.. asC{Cc~ss_ ---{;;y --(;fiJre res/cjen-k -jO Yh-e qboue. _ So.. r'J d-eue Iof/nef17, r)J~ C?J-e.. Cf)/J&-er:;d - af:vUi ffie fro5fecfiye -frccfTrc y~r UJ/ f/ br:'. _ CO/f\lrL i0Y; c/~ SArr/u.; ST,. ~ _ luve- yAree 57hCl1/ ehr/fret"_ C(fIC! no S!C/ei-Ucf:lf5 T10/ce .ct~avl tJurt~(f!ren I as we(! as / Severa / _ ofh er ---ftcrnr //9 / f.,JZ!!: -jv c:-uvf fr-O/Y1 fAt: :5~/Lez,1 buS' - 5-kp r:cf., +A-e., StLrn--f ,+t'rn-f' p-cof /-Q - ct(~ ir4.llell rc;3 Jz: _ ctJl ci WulYl .W oe K- ' MJr I f/LlJre f{--<<ff'r c - p.. WI :5free-T wiC!, ROSe ,4 Jerrlb /~ ' . rr5t . ,--to +N. CfJi)dyet\ InouY: (Jer1/Jo-rkJ . ,().Je we/Wine /)~w.. r-fJ1lj::;eff~ . . Cvf please / ?/-ea~-e,)CD/2j4erU$rI\.2 . N :3id -/1ve ~ e 5kee <<5 ~. . . mo. r'n q{CC,e..SS' -Jb 1-&-. /7etu deUC(CY0~ proJecf, :;r+ LJ-jrJuk! he more a:cceS9:f~k ~J6 -H~, ..5 . +3r.. J-h-e ..nekJ rcs)'OeflfS/ .. Corrl(WhH-rJ-h ~~1 i 151 / 5, f(.flc!.. ~CJSL -L;'~.Pffln':7c /7;-,.,.,l I/-..,,;,!/I ai/O;fi~-Lo ~h-*, . . ~. ~,...;,. .'-.. ,~,:~. .:......':,._...~'.... :..~,'" ,.:,.,'...~ ~",..." '.. _.~':_-:..> .;,'.~; ~.~..:. ..~-.. : .....'.;.."',~- _.;_~i- ,:......',:"",;.- .. _ ...., >,-_.,';"-_ _. . _ ',_ """" _. .". ",.. _,,' ~.. ~..:... " .:.'~ '. .'_.,'~ ". '-_., ~..:. :. -~".' "_'" .c._ .. . ,_' ,.._..:, ._ . -<-..::...": '.:. . lJpn f- . (tns/jer I Y ~y . j' r ~ ? JUt ,prrV):f 4{/Z f tJ I n; ) . erfL v tc':u--J , ji:e ft: '.. ~. M / ~1l~. j/l-R 1/ ItUJ~ JZUfn/ ' a+. 2-3u 5/;j',r-}-e'f ,s:' {!.},.u/a 'V/5k elf / 9/9/D 13-92 ..:"",~,..:::.,-,";.. ~~.,..",,: '-''... '-~:-;"'-'--' .,~., '. _ "_-;;~:_ _'__..._ .,.~,..:'. ,,. :'~'_":"'~'...:-;,:'.. _,~,"'_...'_'- ,~.~'.;;., .~:~:'. .~""'.\ ~-"'~:',';;;: ~~"'i.(": "~,__~;_:;,,-_;::;,:,:,_;:_,,,,~,~,-,~, .. ':. .:.. ..~.'. _ .~. . ~.,-' '__ . .__ ,~ ... _..:, "_.. May 04,2006 250 Vista Del Mar Court Chula Vista, Ca. 91910 /rR{1 II: i!: !: I W "rlITll /U ill ~1~Y -3 moo 11.0/1 I I PLMJN:NG ! I RE: Villas Del Mar Development,LLC Case # PG2-05-03/PGS-04-06 Location: 160 North Del Mar Avenue Attn; Jeff Steichen, Project Planner City Of Chula Vista Building 300, Ghula Vista Civic Center 276 Fourth Avenue, Chula Vista, Ca. 91910 To Whom it iltlay Concern, The proposed development located at 160 North Del Mar has sparked some concern amongst neighbors in this somewhat tight-knit and diverse community. Excess traffic, speeding and parking are the greatest complaints from the surrounding impacted area, Therefore, I am writing this letter in an effort to make the city aware of these concerns. The number one complaint seems to be directed toward excess of traffic in the immediate area. Our community is made up many senior citizens that have been in this neighborhood since its development in the '1940's. These senior citizens have since, raised their children, lost loved ones in service to our country and have witnessed first hand the many many changes that have taken place over the past 60 years within the city limits; Since the early 1990's, the makeup of the neighborhood has reverted back to'young families raising multiple children. In the past fifteen years more than twenty (20) two storey homes have been errected within this same city block adding more than eighty people to tnisonce, quiet community. Inevitably, with more residents comes more visitors, vehicles and traffic. Since the addition of 20 homes in the area, the c;ity of Chula Vista has done little if anything to improve the streets, sidewalks or address the traffic problems associated with the newly added residences to this smail neighborhood. What are the plans that the City intencls to implement with the addition of another 12 homes in an already congested , neighborhood? Secondly, speeding cars are a growing concern for us residents. It is not uncommon for vehicles to be traveling on North Dei Mar avenue in the 50 mile per hour range at any hour of the day or night. There are many young children in the neighborhood playing in the streets and riding bikes ,scooter and roller skates. I, personally have witnessed on several occassioils near misses between speeding vehicles and children on bikes. 13-93 _. ~.: ~..,:.,.,:.~,l-,-,,: ....,; ~:. .......;.,:-.... '. . ....~:;... - -' - --,.' "" . -,-. .~;:.~ ~:~. --..-..... ..-,. '..' ,.~ - .....,.- . Also, the comer of C street and North Del Mar Ave is a pick-up and drop-off point for the RosebaI1K Elementary schooi which brings even more vehicles to the neighborhood to retrieve or deliver their children to I from the school bus. Vehicles from Second ave. routinely use North Dei Mar avenue as an alternate ffiuie to access their point of destination. USl.laiiy, people are racinq in their vehicles in an attempt to make it to the Department of Motor Vehicles before it closes. What does the City intend to do in regard to the speeding vehicles on this very small stretch of North Del Mar Avenue? I have noticed in other areas of San Diego County that problems are not addressed until AFTER someone is seriously hurt or worse. I hope this is not the City Of Chi.lla Vista's standard praCtice. Lastly, the lack of parking in the area is a growing problem. On Bay View Way, vehicles park on both sides of the street leaving room for only one vehicle to pass at a time. The problem will definitely impact the surrounding area with the addition of the 12 proposed homes since undoubtedly the new residents will use the street closes to their home. Apartments in the immediate area already use North Del Mar, Del Mar Court and Shirley street as an overflow parking lot. Does the proposed homes have plans to provide extra parking for visitors and residents with more than two (2) v.ehicles? How does the City plan to rectify this problem? Please feel free to contact me in regards to this letter or any of the issues mentioned abol/e. Also keep in mind that I am not speaking for just myself, but for others in the neighborhood who have confided in me to share their voices. I can provide names and addresses if it would be helpful to the community. Thank you for your time in this matter and hope to hear from you soon. / j/ C;:XtXnuftf C-U7L- Mr. Lancelot C. Longaker (619)Jl254-2191 13-94 13-95 : ATTACHMENT 6 FIGURES (U$8 r:> 'Y.&SM nnH:l 1'\- I ~.b'WII1iIlIJ1U.1IQNO. '! !I! _....__~.A_IIlI_... ."1> j;i :;,)f"")~"")f,t~V JOW 1"0 'OmA HI! i! i i ~ _oc II '; ..' I:. ]1 <~ ~:. - .. oj" 'd---:-!'Y'l--1;:lT7--R:7~ ~ J'!J!1.111 "f'>'_~.,., :: ~r~!i..2d\f'>i~W_):!lr"__ ~ iliJ;ii~ i~ U\.. 11'-'-..: Ii i 'I " i:" I :> 1',;"'1 ... ---.... ~ ~,llt '~ I~ 'i.;~;,\1f;~~tj ~ ~ ~ I; l kl !:lii l1i llilm ':P' . <~~~i !! ~ !' ~ ~1..tI~~ ''--. I ~ Ui! ! , l, ;, i;'tcr:j~~--\r ~ 1!!~~!I~I!I~&'tif~!~[ll 8 ~~r~;~-'~~.~;=- < J),~ 1 Ir~-~ .t~i-~-~1; jP '.;. f'..:....~. .....U......:. '. ",>'., I'... "'I f~;"i< . 1 " ,;;jt. . ...~:.~.~:~~t;)- I IN. . "'j~ : j-ti ~ '.,: - ~~'>;~- <<0 .':" tk.~..->: ~ "< :\1 ,'I if\ <-.~,. :. ~L- ,-- t: ~ ~ ;Xc: O"':::E "'3:'" C...VI VI... VI i3 ., ... l~ OCVI . Cl. VI m 0...... ,- ao:3:~_ Cl. c,_ ";,,., 1 1-5 , c, 4-l :~ II f'01' III. I! I. , , , , 1 ' ,~ . i d I I I ig~9 f~ ';' "" 'I 'll-lil';' i~ ~~ ~ I ,J,~~~~u q ~ ,,~ --.... " = , --"'-....---------- II ~.., -c. . _ - . '- .;,.,..------ Il! <\ -::-',.. >:') . __ .~--.,5::;.7.:.~~.: 'i!,\\;:,\::'j[cr3'i 13-96 ~ w I CD .... "'-=-r' 0""" i '1""'"'- . ,. '-... ;".' ----:,-;;;--'-~"-::~-~~"-'-\'_;_-:;;~-'-'-- ,---- ""''' /< < ,~+"~~.-';;~~~~I-;;vA;;;.~,~;,:~~~n_ ,:=~~~C rfif;r~-,':;;?,~r~~I"~~'~'\'~.l:~c:J I, ]"~" I '~<I t' j~~i. ' . '--l.l.." ,< -;;;; I"~ , D' . "." l:~'~, . ,...,,', ~ -[ 'r. ~ 1 I', "'~-~ ~'.l' '~I ; > ' " - -~~','If!J' A",:-- . LOT 2 ,~_::OTJ ;,i :t .J 7.0MlFT1 J - --..,_.J /1," : T'" ~' AU t ~'~o/./:: .~,..!. _- ~:J' , fta I ",,, I~ " ...~ LOT 6 '''''' ,."",,'''. I" ~ I' fto! - I /1 _31., ~ '; ~V0:. ~,!!/!J~ ~\, ,X,'., , "...' ~ . .. 1- ._;'"i'l""',~~ . t "~.,,, i .===tl" m:iIJ.~',,- ,'/'~ .)~~ \\, '\' _ ."'l. /., ,'" I ~",','1.0.Ff' ' i, ," I-"~~".. .:/:":'. .:>.. :,,!,~ \~ 140.. , (111",] 'e-D r '1" '~,',-I~" ). ..... I"<'~.~~\I",,\ -"~ . ..~.~~~;_:':__L .., ,~ao ~ ,'----,-~j .:.': Loii/,4 ',.'","::~ 1,,\ . 11 ...1,....... i ! ....71'7. 3,0 -- '-rIDm~.-:.... ~'.; 01':"'" :\.....,.~T.:",.~ 'J. ".: . J LOT,O . - - ro:m__\:," ::)\(i ~'i'.':'~' ':'~"~~' '.':' <,',f~'1'"v'~'~..:";'" :"'~-7.'---'H T(''''i'' I. I ~"~" mnmm.', . , ..' ~~. ~t1I;m.., '.",..c.---- 'J' '!"""", ':1 .....m....[~~:::~ ....................... ~~~::..:::.?~'- ~;~~~::>~:.~~~._,~: -~~~-:~~=~~::I'..,I'. - J~.~.._._._. r GUEST PARKING AVAILABILITY ON SITE DESIGNA TED GUEST PARKING DEL MAR AVE. FRONTAGE GUEST PARKING OPPORTUNmES FOR ADDITIONAL PARKING 10 CARS 3 27 TOTAL. 40 CARS Figure 2 . . ATTACHMENT 7 TENTATIVE SUBDIVISION MAP 13-98 ---r l!illiiT Iii i"~i1if 1 I i'~ i , 'I " I, :1 r-th 1......J!:a ..I I I I I I~! Ii; ,lli Ii __ CD_1 -< ....... l' ...... ..... l' 11111111111 C; I !!lhmml ti trJ !mimml l' ~ >- ;:0 Wlii in HHHH HI pH Hii!/ir i ulilqil'j 11'll ill I 1 Ii : III: ! 1 I i1811HI h!HII~o/~c,j:H\1I i [fil ("J ....., ~ll !:;I ::11':1 i Iii ! !!! 0:1 -- l~1 ,d I ~ilPJli~~ M~' ill II j' JUI"l' >-rj . I! II,'!!" ("J II!" . I 1;101" ~ I,' i! ! I i!l"!~; C 'illl : ! I' 1i ll~ ~ 'I i!;' Ii -< '" I, I I ! (;j ;;:: ~ g ~ ;J:>- III lillO,,! mill n;I!1 !!ill !l!l!l!!;~ li!~ S I' . II ", "I! 'i Ii I! -i .y I !jll ,'1: 11111 '\;, , ~ i~ Ii ! I, 1 ,:1 ,. ! ..-- ;: * ~ Ii "i~ ~ !II "Ill' ~! ;;1 ~-< I !! ~ .. g ~~~ m ~ ~al:E ; Ii! ~ l! lU! I !;! l~l;'" ~ " II ~ ia. 'I"'" ..-- I 1 - 'I "'C _L T I I . ~~ ',. -~ , ~ '-'" ill:i '-'- ~i! Ii j! il ~ o - , ~ !!!!!! l! Villas D.' Mar ,.., :; ~ ~ !l .. P . , ! 'I 180 NOffTH DEL MAR A VENUI! ~ ~ ~ CHlJl.A VISTA, CA 81910 'If ~ ~I' " . ~m71?1Pl1.~~O!'~!.~':'P!n~rf1JVt-IAA 13-99 ~.o.IOXl'l'l POW"'r,UI2ll'. _.._ '1<1.__11. ~~~~~~I~~~~Ol.I~"""/<II_ ATTACHMENT 8 OWNERSHIP DISCLOSURE FORM 13-100 '. . _. '..'; ';'0:.., .1., ,.:~,,".;'. .'""L:< '.C ___. _~~C~.. C. + '.. ..': . ; ~,_ '_'0 .)f? -1"- 0- _ P I ann I n a b Building Planning Qi'V*sion Department Development Processing OTY OF ,HUlA VISTA APPLICATION APPENDIX 8 )isdosure Statement 'ursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary actiOn by the Council, 'fanning Commission and all other official boaies or the City, a statement or disclosure or certain ownership or iinancial Iterests, payments, or campaign' contributions for a City of Chuia Vista election must be filed. The fOllowing inrormation lust be disclosed: . Ust the names or all persons having a financial interest in the property tIlat is the subject or t'1e application or the contract, e.g., owner, applican~ contractor, subcontractor, material supplier. \J1\1r.u Uti j..{t;<1 v""iiop.'-'<-V1+,LLL &,~I.,1. ':::::::'::""\1 c~("...~.:... 1)....:>" d~\=A~<;""1\-- LLC: c.,'e.o <::....0........... ~ ., I.A. <..... I ,.; .... 'TY-\&l~(,v1Jid~'t.~\ 1:"iAs{\.l1C~(;~ . ::+"~cX~-(l~ <..,) J::.~ (,ubC~,j)6 .J :..J Ir any person" identified pursuant to (1) above. is a corporation or partnership, list the names or all individuals with a $2000 investment in the business (corporation/partnership) entity. rz. ,..c...c...i ~ ro A ,: 0 ~\- c--. Ru Dt"c..1 i~ ". c::::;l- <)-+-6- <..c. c = v.{o A f .::;> S.\- 4- JL-t: Duc..-t 0 if any person" identified pursuant tb (1) above is a non-profit organization or trust, list tile names or any person serving as director or the non-profrt organization or as trustee or beneiiciary or trustor or the trwsl .. Please identify every person, including any agents, employees, consultants, or independentcontraciors you have assigned to represent you before the City in this matter. . .-;::- e.J eri c..,) :I sO bC7J)a Jot-th... Cdf~t;"'-"" / . ...., \ / ~Vt{!~ ,V-D...lv-" Has <;iny person" associated with this contract had any financial dealings with an ofrlciaJ" or the City of Chula Vista as it relates to this contract within the past 12 months. Yes No./ '0 . __ if Yes, briefly describe the nature or the financi'Cll interest the official" may have in this contracl Have you made a contribution or mora than $250 within the past twelve (12) months to a current member or the Chula Vista Cii'j Councii? No ./ Yes _ Ir yes, which Council member? . 13-1 01 ..:,..:. -". . _..~ .:,....~... . -' -~ _"':'.~.c. _':'..:.:~:!'",;..;. .. ~.~... .._',: ....:.-.... c.' .......:.:.... ,_,. ..;"::'; '~-,,'...::_ ,.::::....._;, ~. ". .....-~ ~....,.......:.._...~.- ....' -~- ,.~.. .:..' . '';'"~-''''' -.. .': -' ..}!~ ~,.- ~ .... P I a [1 n i [1 g &. B u ~ I _ct;;o.~ n g Planning Division Department Development Processing mY OF ..:HUIA VISfA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided-more than $340 (or an item of equivalent value) to an official~ of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal dem, gift, loan, etc.) Yes No-L If Yes, which official~ and what was the nature of item provided? Date: -{ /111 j- rJ Cf I SigWdctor/APPlicant ~ G, ~ V{ \ )) Go,/" VNC ID(.l .<,c( ~ -I- UC.print or type name of Contractor/Applicarlt ' * Person is defined as: any individual, finm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ~ Official inciUdes, but is - not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of tile City, empJoyee1 or staff members. 13-102 RESOLUTION NO. 2006-_(PCS-04-06) RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL ADOPTING MITIGATED NEGATIVE DECLARATION Ai~D MITIGATION MONITORING PROGRAM IS-04-022 AND APPROVING AND ESTABLISHING CONDITIONS OF A TENTATNE MAP FOR VILLAS DEL MAR, CHULA VISTA TRACT 04-06 - VILLAS DEL MAR DEVELOPMENT, LLC. I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, on January 20, 2004, a duly verified application was filed with the City of Chula Vista Planning and Building Department, requesting approval of a Tentative Subdivision Map to subdivide 2.06 acres into 12 residential lots and one common lot ("Previous Project") by Villas Del Mar Development, LLC ("Developer"); and WHEREAS, on May 10, 2006 the Planning Commission discussed the previous project and expressed concerns 1) the number and size of lots and 2) the number of requested deviations from development standards needed to develop the project; and WHEREAS, following the Planning Commission meeting of May 10, 2006 the applicant has revised the previous project and reduced the number of residential lots from 12 to 10 and eliminated the common lot ("Currently Proposed Project"); and B. Project Site WHEREAS, the area ofland commonly known as Villas Del Mar Tentative Subdivision Map (PCS-04-06), Chula Vista Tract No. 04-06, which is the subject matter of this Resolution, and is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of 2.06 acres located on the west side ofN. Del Mar Avenue, north ofC Street, west ofN. Second Avenue and south of Bay View Court, located within the Residential Low Medium Designation (3-6 dwelling units per acre) of the General Plan, and the Residential Single Family (R-I-P6) zone (Single Family Residential Zone, Precise Plan Modifying District ), consisting of APN 563- 290-04 ("Project Site"); and C. Environmental Determination WHEREAS, the Environmental Review Coordinator has reviewed the Previous Project for compliance with the California Environmental Quality Act (CEQA) and conducted an Initial Study, IS-04-22 in accordance with CEQA; and WHEREAS, a Mitigated Negative Declaration (IS-04-022) was prepared for the Previous Project, which involved the residential development of the 2.06-acre parcel within the western portion of the city; and 13-103 Resolution No. 2006- WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator determined that the Previous Proj ect could result in significant effects on the environment. However, revisions to the Previous Project made by or agreed to by the Developer would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-22; and WHEREAS, on March 6, 2006, the Resource Conservation Commission determined that Initial Study IS-04-22 for the Previous Project was adequate, and recommended adoption of the Mitigated Negative Declaration, IS-04-22; and WHEREAS, the Environmental Review Coordinator has determined that the changes to the currently proposed project, which were predicated upon previous Planning Commission and Public Review, are minor with no additional environmental impacts or issues identified that are not already covered under the Mitigated Negative Declaration IS-04-022 addressed in the previous project. Therefore, pursuant to CEQA Guidelines Section l5073.5(c) recirculation of the Mitigated Negative Declaration is not required; and WHEREAS, on October 18,2006, the Planning Commission recommended adoption of Mitigated Negative Declaration IS-04-22 to the City Council. D. Pla.illl1ing Commission Record on Applicatiolls WHEREAS, the Planning Commission held a noticed public hearing on the Project on May 10, 2006, and after hearing staff's presentation and public testimony voted (5-0) to recommend that the City Council deny the Project, in accordance with applicable findings; and WHEREAS, the Planning Commission held a noticed public hearing which rescinded previous action to deny the project and reconsider a revised subdivision map with 2 lots less and no other entitlements (Currently Proposed Project) on October 18, 2006, and after hearing staffs presentation and public testimony voted 5-0-1 to 1) rescind previous action taken on the original project on May 10, 2006 and 2) recommend that the City Council approve the Currently Proposed Project with the added condition that the project be revised to provide sidewalks on at least one side of private drive throughout the project, in accordance with the findings and subject to the conditions listed below; and E. City COlllncil Record on Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the Project, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on November 14, 2006, in the Council Chambers, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. 13-104 2 Resolution No. 2006- NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: n. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its public hearing on the Currently Proposed Project held on October 'II, 2006 and the minutes and Resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III.CERTIFICATION OF COMPLIANCE WITH CEQA AND INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Planning Commission, Resource Conservation Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (1S-04-22), in the form presented, has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista and hereby adopt the Mitigated Negative Declaration and Mitigation Monitoring Program IS-04-022. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Sections 65300 et. seq. (planning and Zoning Law), and 66473.5 (Subdivision Map Act), the City Council finds that the Project, as conditioned herein, is in conformance with the elements of the City's General Plan based on the following: 1. Land Use The project will be developed at a density of 5 dwelling units per acre, which is within the allowable residential density range of 3-6 dwelling units per acre. The project design is consistent with the clustering provision of the Land Use Element, because the clustered design will preserve significant areas of steep slope. Also, the project proposes a detached single family planned development which will be consistent with the character intended for a Residential Low-Medium area, and will be more compatible with the development of the surrounding area, which is primarily single family residential. The proposed proj ect provides housing opportunities in the northwest portion of the City. 2. Circulation The Developer will construct the on-site private street. Off-site public streets required to serve the subdivision already exist. Required public street improvements will be provided by the Developer through the attached Conditions of Approval. The private street within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections. This project area currently has 62 dwelling units. With this project, the total will increase to 71 dwelling units served by the three existing streets: Bayview Way, 13-105 3 Resolution No. 2006- Shirley Street and North Del Mar Avenue. The existing City design criteria states that single family residential development shall not exceed 120 residential lots unless two points of access are provided. The project does not create any traffic impacts on the local roadway network because there are three existing points of access. The three access points serve to better distribute the local traffic in this area. All city standards will be maintained on all city streets. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. There are no public service, facility, or phasing needs created by the Project that warrants the preparation of a Public Facilities Financing Plan. 4. Housing The Project is consistent with the density prescribed within the Residential - Low Medium General Plan designation, and the Project provides additional opportunities for single family residential home ownership. 5. Growth Management The Project is in compliance with applicable Growth Management Element requirements because there are no public service, facility, or phasing needs that warrant the preparation of a Public Facilities Financing Plan. 6. ()Pen Space and Conservation The project proposes clustering of the development of dwellings on the lower elevations in order to minimize grading of steep slopes. The Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-02-045, which addressed the goals and policies of the California Environmental Quality Act, and found the development of the site to be consistent with the goals and policies of the Conservation Element. 7. Parks and Recreation The Project has been conditioned to pay park acquisition and development fees prior to recordation of the Final Map. 8. Safety The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal, as conditioned, meets those standards. A Fire Protection Plan has been prepared and approved by the City Fire Marshal. 9. Noise The Project has been reviewed for compliance with the Noise Element and will comply with applicable noise measures at the time of issuance of the building permit. The Project has been conditioned to require that all dwelling units be designed to 13-106 4 Resolution No. 2006- preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private yard areas. 10. Scenic Highwav This Project Site is not located adjacent to or visil;lle from a designated sceruc highway. 11. Seismic Safety A preliminary geotechnical investigation has been prepared for the project, which determined that a trace of the potentially active Nacion Fault is present on the property. The report recommended that certain geotechnical mitigation measures be required, which have been included in the Mitigated Negative Declaration as conditions of approval. Also, another condition of approval has been included which requires that a detailed soils report and geo-technical study be prepared in conjunction with grading plans, and that the Developer follow the recommendations of the geotechnical report and study prepared in conjunction with the grading plans. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the City Council finds that the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to insure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development because the proposed site can accomodate the density of residential development called for by the General Plan while at the same time grading the site in such as way that is sensitive to the existing sloping topography of the site. E. The conditions herein imposed on the grant of permit or other entitlement herein contained are approximately proportional both in nature and extend to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. V. Govemment Code Section 66020 NOTICE Pursuant to Government Code Section 66020(d)(I), NOTICE IS HEREBY GNEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this 13-107 5 Resolution No. 2006- procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. VI. GENERAL CONDITIONS OF APPROY AL A. Project Site is Improved with Project The Developer, or hislher successors in interest and assigns, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 04-06, Villas Del Mar. Yn. SPECIAL CONDITIONS OF APPROY AL A. The conditions herein imposed on the tentative map approval herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Developer or successor-in-interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified: GENERAL/ PLANNING AND BUILDillG 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the property. 2. Developer and/or his/her successors in interest, shall comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of the Tentative Subdivision Map, as recommended for approval by the Planning Commission on October 18, 2006. Prior to approval of the Final Map for the project, the Developer shall enter into an agreement with the City, providing the City with such security and implementation procedures as the City may require compliance with the above regulatory documents. The Agreement shall also ensure that, after approval of the Final Map, the Developer and hislher successors in interest will continue to comply, remain in compliance, and implement such Plans. 3. Any and all agreements that the Developer is required to enter into hereunder shall be in a form approved by the City Attorney. 4. Design and construct all street improvements in accordance with Chula Vista Design Standards, Chula Vista Street standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. Obtain City Engineer approval of detailed improvement plans prepared by a registered civil engineer licensed in the State of California detailing horizontal and vertical alignment of public improvements. 13-108 6 Resolution No. 2006- Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter, sidewalk, pedestrian ramps, driveway, sewer and water utilities, drainage facilities, street light, and fire hydrants. 5. Guarantee the construction of public street improvements deemed necessary to provide service to the subject subdivision in accordance with City s~andards. 6. Detailed street tree Plans for the Project shall be submitted concurrent with grading plan submittal and approved prior to approval of the Grading Permit by the Director of Building and Planning or designee. Plans shall be prepared by a registered Landscape Architect pursuant to the City's Landscape Manual, City Grading Ordinance and Subdivision Manual. 7. All retaining wall footings that occur within planter areas shall be of a deep-footed design to accommodate shrub plantings and tree planting where occur. In some cases this may be a specially designed footing to satisfy this condition. The tree and shrub plantings shall conform to the approved landscape concept plan. 8. Developer shall comply with all applicable sections of the Chula Vista Municipal Code, the City Growth Management Ordinance, and the City's General Plan, as amended from time to time. The Developer shall prepare any fmal maps and all plans in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance, Grading Ordinance, the Landscape Manual, and Subdivision Manual. 9. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified in writing 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 10. Submit a "Recycling and Solid Waste Management Plan" which has been approved by the City of Chula Vista Conservation Coordinator. The plan shall d=onstrate those steps the Developer will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The Developer shall contract with the City's franchise hauler throughout the construction and occupancy phase of the proj ect. The plan shall incorporate trash enclosures which are designed to comply with the City's N.PD.E.S. permit if applicable, to provide compatibility with the architectural style of the development, and to enhance trash enclosure doors where they are highly visible. 13-109 7 Resolution No. 2006- 11. Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in Mitigated Negative Declaration, IS-04-22. Mitigation measures not satisfied by a specific condition of this Resolution or by Project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the above Mitigated Negative Dilc1aration. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. 12. Developer and/or its successors-in-interest shall, to the satisfaction of the Environmental Review Coordinator, deposit funds sufficient to pay the costs associated with the hiring of a Mitigation Monitor (biological specialist) to oversee the implementation of the biological mitigation measures identified in the IS-04-22 Mitigation Monitoring and Reporting Program. 13. Present written verification to the City Engineer from Sweetwater Authority that the subdivision will be provided adequate water service and long-term water storage facilities and comply with other requirements delineated in comment letter dated March 28, 2006. 14. Install fire hydrants as determined by the City Fire Marshall. Said hydrant locations shall be shown on the grading and/or improvement plans. 15. Provide evidence to the satisfaction of the City Engineer of ties to established survey monuments for the proposed street centerlines prior to issuance of any grading or construction permits, or approval of the final map. 16. Developer shall submit copy of agreement for review and approval by the Director of Planning and Building for new homeowners to sign agreeing to restriction contained within the CC&R's regarding the use and restrictions for individual driveways and garages. 17. Include sidewalks along at least one side of private drive thoughout the project. Submit revised drawings to Director of Planning and Building and City Engineer for review and approval prior to issuance of grading permits. GRADING/DRAINAGE/NPDES 18. Submit and obtain approval by the City Engineer of grading plans prepared by a registered civil engineer. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. Grading and improvement plans shall be based on NA VD88 vertical datum. All offsite grading and construction shall require signed and notarized letters of permission from the affected property owners. 19. Design all lot grading so that lot lines are located at the top of slopes. This may require the use ofretaining walls along some lot lines. All retaining walls shall be noted on the 13-110 8 Resolution No. 2006- grading plans and include a detailed wall profile. The maximum height of all retaining walls shall not exceed 6 feet per Section 19.58.150 of the Chula Vista Municipal Code. Structural wall calculations are required if walls are not built per City Standards and/or if fences are to be placed on top of retaining walls. 20. Submit and obtain approval by the City Engineer for <j1l erOSlOn and sedimentation control plan as part of grading plans. 21. Show the location of cut/fill lines based on existing topography on grading plans. 22. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of the final map. 23. Submit a detailed geotechnical report prepared, signed and stamped by both a registered civil engineer and certified engineering geologist prior to approval of grading plans and issuance of a grading permit. 24. Submit a drainage study prepared by a registered civil engineer to be reviewed and approved by the City Engineer prior to issuance of a grading permit or other development permit. Design of the drainage facilities shall consider existing onsite and offsite drainage patterns. The drainage study shall calculate the pre-developed and the post- developed flows and show how downstream properties and storm drain facilities are impacted. The study shall include calculations sizing the proposed underground detention system. The extent of the study shall be as approved by the City Engineer. The energy dissipaters shall be designed to accommodate the runoff velocities from a 100- year storm. 25. All onsite drainage facilities shall be private. NPDESREOUffiEMENTS 26. Comply with all provisions of the National Pollutant Discharge Elimination Syst= (NPDES) and the Clean Water Program during and after all phases of the development process, including but not limited to: rough grading, construction of street and landscaping improvements, and construction of dwelling units. 27. The IS-foot wide sewer access road (Third Avenue Extension) shall be designed to handle storm water runoff form the site and from the adjacent properties to the north. Provide erosion control measures at the northerly end of said sewer access road and a PCC cross gutter at the storm drain outlet structure from the development. 28. The proposed project is subject to NPDES General Construction Permit requirements. Obtain permit coverage and develop a Storm Water Pollution Prevention Plan (SWPPP) prior to the issuance of a Land Development (Grading) Permit. Said SWPPP shall include construction and post-construction Best Management Practices (BMPs) for storm water pollution prevention, as well as funding mechanisms for post-construction BMPs. 1 3-111 9 Resolution No. 2006- 29. The applicant is required to complete the applicable forms upon submittal of the project grading plans (see City of Chula Vista's Development and Redevelopment Storm Water Management Requirements Manual) and comply with the Manual's requirements. 30. According to the NPDES Municipal Permit, Order No. 2001-01, this project is considered a Priority Development Project and, hence, subject to the requirements of the Standard Urban Storm Water Mitigation Plans (SUS:Ml's) and Numeric Sizing Criteria. 31. The developer shall enter into an agreement to fully implement NPDES best management practices ("B:Ml's") to reduce the amount of pollutants entering the city's storm water conveyance system, including but not limited to: a. Providing storm drain system stenciling and signage; more specifically: i. Provide and maintain stenciling or labeling near all storm drain inlets and catch basins. 11. Post and maintain City-approved signs with language and/or graphical icons that prohibit illegal dumping at public access points along channels and creeks. b. Installing and using efficient irrigation systems and landscape design; more specifically: 1. Employ rain shutoff devices to prevent irrigation after precipitation. 11. Adjust irrigation systems to each landscape area's specific water requirements Ill. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. IV. Employing other comparable, equally effective, methods to reduce irrigation water runoff. c. Employing integrated pest management principles. More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (lPM), including: (I) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (3) distributing lPM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense. d. Educate the Public. More specifically, the Homeowners Association, through Property Management, etc., shall inform residents about the City's non-storm water and pollutant discharge prohibitions. This goal can be achieved by distributing informative brochures (some available free from the City of Chula Vista) to new home buyers and dedicating sections of newsletters to storm water quality issues, as applicable. 13-112 10 Resolution No. 2006- SEWER I WATER 32. All proposed public sewer lines shall be located within the 24-foot public sewer and access easement. Developer shall be responsible for obtafning any needed offsite sewer easements. 33. Design and construct all the sewer mains and manholes within Villas Del Mar Court and the Third Avenue Extension to public standards in accordance with Chula Vista Design Standards and Chula Vista Subdivision Manual. 34. A Portland Cement Concrete (PCC) paved access is required through the development. An asphalt concrete (AC) paved access is required through the Third Avenue Extension to accommodate City sewer maintenance trucks and fire trucks. All paved access shall be designed based upon a Traffic Index (TI) of 5.0. 35. If the flow line elevation at the end of the proposed gutter at the northerly end of the sewer access road is higher than the rim elevation of the existing sewer manhole just to the north of the property limits, the existing sewer manhole shall be upgraded to a water tight sewer manhole. 36. An additional sewer manhole shall be required either upstream or downstream ofMH 5, to prevent a ninety (90) degree bend in the sewer main. 37. The paved sewer access on Third Avenue shall extend to the existing northerly sewer manhole shown on the Tentative Map. 38. Removable bollards or an approved access gate shall be required at the entrance to the sewer access road, just south of Lot 10. STREETS 39. Provide a laO-watt street light on North Del Mar Avenue as approved by the City Traffic Engineer. 40. Design and construct public street improvements fronting the properties located at 160 and 152 North Del Mar Avenue to connect to the existing improvements south of the project and provide a transition north of the project. Installation of street improv=ents shall include, but not be limited to curb, gutter, sidewalk, alley type apron, cross gutter, approved pedestrian ramps, and street light on per City Standards. Street improvements on North Del Mar require a centerline to curb width of 18 feet. 41. Driveway dimensions shall include the width of the driveway flares. Driveways shall comply with the City of Chula Vista driveway standards per CVCS IA. 13-113 11 Resolution No. 2006- 42. Streets within the development shall be private. 43. The existing power pole shall be relocated as shown on the Tentative Map. All utilities services for the subdivision shall be underground. EASEMENTS 44. Grant to the City a 24-foot public sewer and access easement over the public sewer lines on the Final Subdivision Map. 45. A private 10-foot storm drain easement on Lot 8 shall be granted on the Final Subdivision Map to APN 563-290-05-00,152 North Del Mar Avenue. 46. Grant to the City on the Final Subdivision Map a 5.5 foot wide street tree planting and maintenance easement along North Del Mar Avenue as shown on the Tentative Map. 47. The private 5-foot landscape (Lots 1-10) and 25-foot general utility and drainage easement (Lot A) within the subdivision boundary shall be conveyed to subsequent purchasers of Lots 1-10 pursuant to the requirements of Section 18.20.150 of the Municipal Code of the City of Chula Vista. AGREEMENTS 48. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City of Chula Vista, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 ofthe Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 49. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this proj ect. 50. Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 51. Agree to comply with all applicable sections of the Chula Vista Municipal Code and prepare the Final Parcel Map and all plans in accordance with the provisions of the Subdivision Map Act, Subdivision Ordinance and the Subdivision Manual of the City of Chula Vista. 13-114 12 Resolution No. 2006- 52. Agree to include provisions in the Declaration of Covenants, Conditions and Restrictions (CC&R's) assuring maintenance of all common landscaping, open space, streets, driveways, sewer and drainage systems, which are private. The City of Chula Vista shall be named as a party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any.owner within the subdivision. All the individual homeowners of the project shall own all private driveways jointly and inseparably. Include provision that no private facilities shall be requested to become public unless 100% of all homeowners have agreed in the form of a written petition. 53. Prior to the approval a Final Map, a Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer and City Attorney. The CC&R's shall include the following obligations of the Homeowners Association (HOA): 1. A requirement that the HOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: -All open space lots that shall remain private, -Other Master Association property. 11. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the HOA. 111. The HOA shall defend, indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the HOA. IV. The HOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of fIrst mortgages or property owners within the HOA. v. The HOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. v!. The CC&R's shall include provisions assuring maintenance of all open space lots, streets, driveways, drainage and sewage systems which are private. V11. The CC&R's shall include provisions assuring HOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. viii. The CC&R's shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the same as any owner in the project. 13-115 13 Resolution No. 2006- lX. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. x. The HOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the HOA. Xl. The HOA shall maintain all water quality facilities III conformance with the NPDES Municipal Permit, Order No. 2001-01 XU. The CC&R's shall include provisions assuring compliance with the solid waste and recycling program requirements, to the satisfaction of the City Conservation Coordinator. Xlll. The HOA shall maintain all landscaping installed in common areas as defined by the CC&R's. XIV. CC&R's shall include restriction related to garages and parking as follows: · Garages must be free and clear to allow for parking of 2 vehicles at all times. . No on-street parking along private drive (other than designated guest parking spaces). · Driveways shall be available for additional guest parking 54. Developer agrees to submit Homeowners Association budget for review and approval by the City Engineer for the maintenance of private streets, water quality improvements, storm drains, sewage systems, electrical system, plumbing and roof. More specifically, said budget shall include the following provisions and maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years b. Sewers must be cleaned once a year with the contingency for emergencies c. Red curbs/striping must be painted once every three years. d. The Homeowners Association shall be responsible for service utilities including water and sewer, and the billing and payment of these utility costs. e. Storm Water quality facilities inspected prior to and after every rain event and cleaned as necessary (twice a year minimum); media inserts replaced as recommended by the manufacturer; with a contingency for emergencies. The budget shall also include a monitoring program including sampling and preparation of an annual report, when required by the City. 13-116 14 Resolution No. 2006- MISCELLANEOUS 55. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 56. Submit copies of the final map, grading plan, and improvement plan in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 3 'is HD floppy disk prior to the approval of the Final Map. 57. Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. 58. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 59. Developer shall install and make operable the fire hydrants, emergency vehicular access and street signs prior to delivery of combustible building materials, to the satisfaction of the City Fire Marshal. Said hydrant locations shall be shown on the improvement plans. 60. Provide precise underground fire service plans prior to locating Fire Department connections and post indicator valves, with placements to be approved by CVFD. All Fire Department connections must not be any closer than three feet to the face of curb. 61. Provide a water flow analysis for the underground fire service utility. Show all calculations on a point-to-point system. Provide proof that the most remote fire hydrant can produce a minimum flow of 1,500 gpm for 2 hours at 20 psi. 62. All underground fire service installation is to be inspected by CVFD. Call 72 hours in advance to schedule an appointment. 63. Provide contractors material and test certificate for underground pipe. 64. Design all dwelling units to preclude interior noise levels over 45dBA and exterior noise exposure over 65 dBA for all outside private yard areas. 64. Submit a phasing plan showing sequence of construction and occupancy of the project, including installation of landscaping, recreation amenities, utilities, and fire protection improvements. 65. Developer agrees to pay the all applicable fees in accordance with the City Code and Council Policy. including applicable Transportation Development Impact Fees (TDIF) and Public Facilities Development Impae.t Fees ("PFDIF"). 13-117 15 Resolution No. 2006- VITI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Developer shall execute this document by signing the lines provided below, said execution indicating that the property owner and Developer have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the property owner and the Developer, and 'a signed, stamped copy of this recorded document shall be returned to the Planning and Building Department. Failure to return a signed copy and a stamped copy of this recorded document within thirty days of recordation to the City Clerk shall indicate the property owner and Developer's desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No. Signature of Developer or Property Owner Signature of Developer IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Jim Sandoval Director of Planning & Building J:\Planning\casefileslfy05-06\PCS-03-0 I \pcs03-01.Draft _ CC _ Reso.(CC) doc 13-118 16 EXHIBIT "A" T ~ 11. -'. Jlrl..,. ~