HomeMy WebLinkAboutCVRC Agenda Packet 2006/11/16
..
..
\if....; (ll.
1'1.'_,.1'
CORPORATION
CliULA VISTA
~ \ ~>.D _iF D;n:rCl(;i<S
~,~_ :)a;iil_"1,(~~,;:
~" ,",~' (-
;).1!n!;.:( !
P'll;! :)(,,>
ell:;" :
<Ii;' -,'L ~
L),..iL';
"I
I, IT\' K!fO(),
lrl'-]\ \:',,;
OfFlGRC,
"fl, lSfi;1, l'ilt'rirr: ( 0
:l( ~~ ''-:'H! ;_~:i (' f
'fCC' ',iT'! C,
I);:, 1. \::;;1;, .~ 'C'( '.
Council Chambers Table
l\GENDA
ADJOURNED REGULAR MEETING OF THE
CHULA VISTA REDEVELOPMENT CORPORATION (CVRQ,
REDEVELOPMENT AGENCY AND
CITY COUNCIL OF THE CITY OF CHULA VISTA
Thursday, November 16, 2006, 6:00 p.m.
COUNCIL CHAMBERS
276 FOURTH AVENUE
CHULA VISTA, CA 91910
CALL TO ORDER
CVRC ROLL CALL
Board Members Castaneda, Chavez, Desrochers,
McCann, Paul, Rindone, Rooney and Chairman Padilla
Lewis,
REDEVELOPMENT AGENCY ROLL CALL
Agency Members Castaneda, Chavez, McCann, Rindone, and
Chair Padilla
CITY COUNCIL ROLL CALL
Council Members Castaneda, Chavez, McCann, Rindone, and
Mayor Padilla
PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE
1. APPROVAL OF MINUTES
Staff Recommendation:
l.a. That the CVRC and Redevelopment Agency
approve the minutes of October 26, 2006.
l.b.
That the Redevelopment
minutes of October
November 7, 2006.
Agency approve the
24, 2006, and
2. WRITTEN COMMUNICATIONS
2.a. Memorandum from Stephen C. Padilla requesting an excused absence from
the Joint CVRC/Redevelopment Agency/City Council meeting of
November 16, 2006.
2.b. Memorandum from Patricia E. Chavez requesting an excused absence from
the Joint CVRClRedevelopment Agency/City Council meeting of
November 16, 2006.
Staff recommendation: That the CVRClRedevelopment Agency/City Council
excuse the absences.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearings as required by law. If you wish to speak on any
item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the Clerk prior to the
meeting.
3. CONSIDERATION OF A MIXED USE PROJECT WITH 167 MULTI-FAMILY
RESIDENTIAL UNITS AND 3,793 SQUARE FEET OF COMMERCIAL SPACE ON
THE SITE AT 914-944 THIRD AVENUE WITHIN THE MERGED CHULA VISTA
REDEVELOPMENT PROJECT (ADDED AREA)
Development of this site will provide high density mixed-use housing located close to
existing transit, and within a block of neighborhood-serving retail and office uses. The
proposal requires the re-zoning of a 3.6 acre portion of the site and the establishment of
a Precise Plan Modifying Standard for a front setback reduction from 25 feet to 20 feet.
In addition, the proposal requires the issuance of a Conditional Use Permit for the
mixed use, Design Review and Tentative Map Conditions for the consolidation of four
lots into one lot.
Staff Recommendation:
3.a. That the CVRC adopt the following resolution:
RESOLUTION OF THE CHULA VISTA REDEVElOPMENT CORPORATION
RECOMMENDING THAT THE CITY COUNCIL: 1) ADOPT MITIGATED
NEGATIVE DECLARATION IS-06-008 FOR THE DEVElOPMENT OF THE
CREEKSIDE VISTAS PROJECT AT 914-944 THIRD AVENUE; 2)
INTRODUCE AN ORDINANCE ADOPTING ZONE CHANGE PCZ-06-o4
AND ESTABLISH A PRECISE PLAN WITH A MODIFYING STANDARD; 3)
GRANT A CONDITIONAL USE PERMIT, APPROVE DESIGN REVIEW AND
TENTATIVE MAP CONDITIONS FOR THE DEVElOPMENT OF THE
CREEKSIDE VISTAS PROJECT AT 914-944 THIRD AVENUE
3.b. That the City Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1)
ADOPTING MITIGATED NEGATIVE DECLARATION IS-06-008; (2)
Page 2 of 3
CVRGRDA - Agenda - 11/16/06
GRANTING A CONDITIONAL USE PERMIT; (3) APPROVING DESIGN
REVIEW APPLICATION; AND (4) APPROVING TENTATIVE MAP
CONDITIONS FOR THE DEVELOPMENT OF A MIXED USE PROJECT AT
912-944 THIRD AVENUE
3.c. That the City Council place on first reading the following ordinance:
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A REZONE
(PCl-06-o4) FROM S90 lONE TO CENTRAL COMMERCIAL PRECISE PLAN
(CC-p) lONE AND ESTABLISHING A PRECISE PLAN MODIFYING
STAN DARD FOR A 3.6 ACRE PORTION OF A 5.5 ACRE SITE LOCATED AT
912-944 THIRD AVENUE
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council, CVRC and/or RDA on any subiect matter
within the Council, CVRC and/or RDA's iurisdiction that is not listed as an item on the agenda. State law
generally prohibits the Council, CVRC and/or RDA from taking action on any issue not included on the agenda,
but, if appropriate, the Council, CVRC and/or RDA may schedule the topic for future discussion or refer the matter
to staff. Comments are limited to three minutes.
4. CHIEF EXECUTIVE OFFICER'S REPORTS
5. CHAIRMAN'S REPORTS
6. DIRECTORS' COMMENTS
ADJOURNMENT
The City Council will adjourn to its regularly scheduled meeting on November 21, 2006,
at 6:00 p.m.
The Chula Vista Redevelopment Corporation and Redevelopment Agency will adjourn
their regularly scheduled meetings on December 14,2006, at 6;00 p.m.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The Chula Vista Redevelopment Corporation requests individuals who require special accommodations to access, attend,
and/or participate in a eVRe meeting, activity, or service request such accommodation at least forty-eight hours in
advance for meetings and five days for scheduled services and activities. Please contact the Community Development
Department for specific information at (619) 691-5047, or Telecommunications Devices for the Deaf (TOO) at (619) 585-
5655. California Relay Service is also available for the hearing impaired.
Page 3 of 3
CVRC - Agenda - 11/16/06
~Vt-
-.-
. - --
~~:::~
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca S191 0
619.691.5044 - 619.476.5379 Fax
MEMORANDUM
cnv OF
CHUlA VISTA
Wednesday, November 08,2006
FROM:
Stephen C. Padilla, May
TO:
Members of the City CouncJ
RE:
Request for Excused Absence
I will be in Huntington Beach attending Coastal Commission meetings Tuesday, November 14
through Friday, November 17, 2006. AB a result, I will be unable to attend the City CouncJ
meeting on the 14th and the*CVRC Board meeting on the 16th, Therefore, I hereby request an
excused absence from these meetings.
Cc: City Manager
City Attomey
City Clerk
Mary Donnelly
*Joint Meeting of the Chula Vista Redevelopment Corporation/Redevelopment Agency/
City Council
2.a. -1
~V?..
-.-
"-- ---
~~-:;::~
~- --
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMORANDUM
CllY OF
CHUlA VISTA
Wednesday, NoVember 08,2006
FROM:
Honorable Mayor and Members of the City Council
Councilmember Patricia Chavez ~
~."
Request for Excused Absence
TO:
RE:
During the week of November 13, 2006, I will be out of town on scheduled family business and,
therefore, unable to attend the City Council meeting on Tuesday, November 14 as well as the
*CVRC Board meeting on Thursday, November 16. As a result, I hereby request an excused
absence hom these meetings.
Cc: City Manager
City Attomey
City CIeri.
Mary Donnelly
*Joint Meeting of the .Chuia"VistaRedevelopment Corporation/Redevelopment Agency/
City Council
2.b. -1
.
..
CORPOR/\TION
CHULI\ ViST:\
CVRC Board
Staff Report - Page 1
Item No. 3
DATE:
November 16, 2006
FROM:
CVRC Board Directors
Mayor and Council members /
Jim Thomson, Interim Chief Executive Officer 11
Ann Hix, Acting Director of Community Development~AA
Mary Ladiana, Planning Manage;/it!-
Public Hearing on Creekside Vistas
TO:
VIA:
SUBJECT:
Project Area: Added Area
Developer: Douglas Wilson Companies
Project Site: 912-944 Third Avenue
Project Type: Mixed-use Residential
Project Description: 167 multi-family residential "for sale" housing units, and 3,793
sq. ft. of commercial/retail space
INTRODUCTION
In the fall of 2004, redevelopment staff inventoried all underutilized parcels located
throughout the City's redevelopment project area. After careful review of all the parcels,
the site at 912-944 Third Avenue was identified as a top priority to focus redevelopment
efforts. At that time, the 5.5 acre property was developed with three small dilapidated
structures. Based on the evolving direction of the General Plan Update (GPU) and the
underutilized status of the site, redevelopment staff identified this site as an excellent
opportunity to pursue much needed mixed-use housing development in the area. The site
was located directly across the street from the San Diego Country Club, close to transit,
and within a block of neighborhood-serving retail and office uses.
In December 2004, redevelopment staff contacted the owners of 912-944 Third Avenue,
CFREt Limited Partnership (LLP), to determine their willingness to either develop or sell the
5.5 acre site. Staff provided the owners with current zoning, developer contact lists, market
data and an estimate of land value based on potential densities under the proposed GPU.
3-1
Staff Report - Item No.3
November 16, 2006
Page 2
After several months of working with the owners, the site was listed for sale. The
redevelopment staff continued working with the owners and their broker to eventually
select a qualified developer for the site, The Douglas Wilson Companies.
On November 1, 2005, Douglas Wilson Companies (Applicant) filed applications
requesting a zone change, lot consolidation, conditional use permit, tentative map and
design review for development of a mixed-use residential project on a vacant 5.5-acre site
located at 912-944 Third Avenue. The project proposes construction of 167 multi-family
residential units and 3,793 square feet of commercial/retail space. The Creekside Vista
project represents the first significant urban infill project to occur in western Chula Vista
since adoption of the General Plan last December.
REDEVELOPMENT FISCAL IMPACT
The project, when complete and sold, will have an estimated value of approximately $64
million. The project, over the life of the redevelopment project area (2049), will benefit the
public by generating $8 million in new revenue for affordable housing projects, over $11
million in new revenues to the County of San Diego, the Chula Vista Elementary School,
Sweetwater Union High School District and Southwester College and $21 million in
general tax increment revenue available for redevelopment activities and public
infrastructure improvements. The following is a summary of the projected
Redevelopment Fiscal Impact.
Gross Tax Increment:
Net Tax Increment:
Housing Set-Aside:
Pass Through':
Cumulative
$40,941,000
$21,671,300
$8,188,200
$11,081,500
BACKGROUND
The Creekside Vistas project would require a rezone of a portion of the site to provide an
implementing zone for the 2005 General Plan. State law (Government Code 65854-
65861) establishes the process for adopting zone changes of property and requires that the
Planning Commission hold a public hearing on proposed rezoning actions and provide a
written recommendation to the City Council. In addition, Chula Vista Municipal Code
(CVMC) Section 2.55.050 provides that the Chula Vista Redevelopment Corporation
1 Pass through payment distribution list: County of San Diego, Sweetwater Union High School District,
Chula Vista Elementary School District, San Diego County Office of Education, Southwestern Community
College District
3-2
Staff Report - Item No.3
November 16, 2006
Page 3
(CVRC) assumes the same legislative functions of the Planning Commission, such as those
associated with rezoning, and also that the CVRC is now the review authority for
administrative and quasi-judicial functions of the Planning Commission, such as
conditional use permits, design review and tentative maps, for projects located within the
City's redevelopment areas. The CVRC recommendation, as well as the Planning
Commission's recommendation, is then forwarded to the City Council for final
consideration and approval.
ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the California Environmental Quality Act and has constructed an Initial Study, 15-06-
008, in accordance with the California Environmental Quality Act. Based upon results of
the Initial Study, the Environmental Review Coordinator determined that the project could
result in 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 effects would occur; therefore, the Environmental Review Coordinator
prepared a Mitigated Negative Declaration, 15-06-008.
RECOMMEN DATION
a. That the Chula Vista Redevelopment Corporation adopt a resolution recommending
that the City Council:
1) Adopt Mitigated Negative Declaration (1$-06-008);
2) Approve a lone Change (PCl-06-04) of 3.6 acres of a 5.5 acre site from 590
(Holding Area) to CCP (Central Commercial Precise Plan) zone and
establishing a Precise Plan Modifying District on the 3.6 acres and a Precise
Plan Modifying Standard;
3) Granting Conditional Use Permit (PCC-06-026);
4) Approving Design Review (DRC-06-35);
5) Approving Tentative Subdivision Map (PCS-06-06)
b. That City of Chula Vista City Council adopt a resolution:
1) Adopting Mitigated Negative Declaration (1$-06-008);
2) Granting Conditional Use Permit (PCC-06-026);
3) Approving Design Review (DRC-06-35);
4) Approving Tentative Subdivision Map (PCS-06-06)
3-3
Staff Report - Item No.3
November 16, 2006
Page 4
c. That City of Chula Vista City Council Introduce an Ordinance:
1) Approving a Zone Change (PCZ-06-04) of 3.6 acres of a 5.5 acre site from S90
(Holding Area) to CCP (Central Commercial Precise Plan) zone and
2) Establishing a Precise Plan Modifying District on the 3.6 acres and a Precise
Plan Modifying Standard.
BOARDS/COMMISSIONS RECOMMENDATIONS
The Planning Commission reviewed the proposed rezone and precise plan application on
October 25, 2006. The Planning Commission voted 6-0 to approve a Resolution
recommending that the City Council Approve the proposed rezone and precise plan
standards based on the findings and subject to the conditions contained in the attached City
Council Ordinance.
The Planning Commission also recommended that the project applicant continue to work
with the City and the property owner of the San Diego Country Club to pursue enhancements
to the east side of Third Avenue (southeast corner) where an unvegetated slope currently
exists.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the CVRC Board and City Council members
and has found no property holdings within 500-feet of the boundaries of the property
which is the subject of this action.
DISCUSSION
1. Site Location and Surrounding Uses
The subject property is located on the west side of Third Avenue, between L and Moss
Streets (see Attachment 1). The 5.5-acre project site consists of four vacant and contiguous
parcels. The site has approximately 400 feet of frontage along Third Avenue with varying
depths of 280 feet to a maximum depth of approximately 515 feet to the west. Elevations
on the site range from approximately 110 feet along the eastern boundary along Third
Avenue to approximately 80 feet along the bottom of the drainage channel at the western
boundary of the site (see Attachment 2).
The project site is located in an urbanized area of the city and is within the "Added Area"
of the Amended and Restated Redevelopment Plan (2004) and the South Third Avenue
3-4
Staff Report - Item No.3
November 16, 2006
Page 5
District of the Southwest Area Plan of the City's 2005 General Plan (see Attachment 3).
The existing General Plan land use designation is Mixed Use Residential (MUR).
Approximately 1.9 acres of the site is currently zoned Central Commercial-Precise Plan
(CC-P) with the remaining 3.6 acres zoned S90 (Holding Zone). The S90 zone is an old
San Diego County zone carried over when the Montgomery area was annexed from the
County to the City of Chula Vista in 1986. The S90 zone was intended as a "holding"
zone with the expectation that it would be replaced as parcels were planned and
developed with urban uses pursuant to the Montgomery Specific Plan. The Montgomery
Specific Plan (1986) was repealed in 2005 with the adoption of the WOS General Plan. As
noted above, the 2005 General Pan designates the site for mixed use residential.
The site previously contained several small businesses including some which operated
without a business license. The area along the drainage channel has historically been an
area littered with inoperable vehicles, trash and debris, and occupied by members of the
homeless community. Over the last few years, significant clean up of the site has occurred,
including removal of previous dilapidated structures and debris.
Land uses adjacent to the project site include commercial uses (automobile parts store and
gas station) to the north, the San Diego Country Club/Golf Course across Third Avenue to
the east, a medical hospital (Bayview Hospital and Mental Health Systems) to the south,
high density residential to the southwest, and a school, church, and residential uses to the
west.
2. Project Description
The proposed project consists of a mixed-use residential development. The 167 multi-
family residential units will be "for sale" housing and 3,793 square-feet of
commercial/retail space will be on the ground floor of the structure located along Third
Avenue. Nineteen of the 167 residential condominiums will be three-story town homes
with attached garages located along the south and southwest portion of the site; 60 of the
units will be single-level flats located in a four-story structure; and the remaining 88 units
will be two-story town homes stacked over a split-level podium structure. Pursuant to the
City's affordable housing policy, approximately 17 units will be available as affordable for
sale units. The podium structure will include one and one half levels of parking for 299
cars with the remaining 28 parking spaces provided in surface lots.
The approximately 3,800 square feet of retail space will be located at the ground level of
the podium structure at the northeast corner of the property. The commercial and
residential components of the project have been designed to complement each other and
have been integrated into the podium structure which fronts on Third Avenue. The
proposed project will also include landscaping, perimeter and retaining walls, open space
3-5
Staff Report - Item No.3
November 16, 2006
Page 6
areas and trails, paved parking areas, and recreational facilities with a pool, tot lot, security
lighting and other amenities (see Attachment 4).
3. land Use and Zoning
One of the items being presented for the CVRC and City Council's consideration is the
rezone of approximately 3.6 acres of the 5.5-acre site from the current 590 zone to the CC-
P zone. The rezone would provide consistent zoning of the entire site as well as an
implementing zone for the 2005 General Plan mixed-use residential land use designation.
The Precise Plan standard would permit a reduced front yard setback to allow a more
compact urban design, with enhanced pedestrian orientation along Third Avenue, and
retention of the drainage channel along the western portion of the site as a project
enhancement/feature.
The General Plan land use, zoning, and current land uses in the vicinity consist of the
following:
Site:
North:
East:
South:
General Plan land Use
Mixed-Use Residential
Commercial - Retail
PublidQuasi Public
PublidQuasi Public, Residential
High and Open Space
PublidQuasi Public
Zoning
CC-P and 590
CC
R-1
CC-P
R-3
R-1
Current land Use
Vacant
Retail Commercial
Golf Course
Medical
High density residential
school/ch urch/res idential
West:
4. Development Standards
The mixed-use development has been evaluated using the CC zone development
standards. It should be noted that CVMC 19.58.205 requires mixed-use developments to
comply with the R-3 standards for residential density (CVMC 19.58.205(C)) and open
space (CVMC 19.58.205(E)) as further described below.
Assessor's Parcel Number: 619-010-04, -38, -42, and -56
Current Zoning CC-P - Central Commercial Zone
590 - Holding Area (San Diego County zone)
Proposed Zoning CC-P - Central Commercial Zone
General Plan MU R - Mixed-Use Residential
Building Coverage 1 .77 acres
Lot Area 5.5 acres
3-6
Staff Report - Item No.3
November 16, 2006
Page 7
Setbacks (per CC zone)
Front Yard: 25 feet
Side Yard: none; when adjacent to an R
district, 15 feet
Rear Yard: none
Parking (per CVMC 19.62.050)
Residential (2/du) 334 spaces
Retail (1/200 sf) 19 spaces
Total 353 spaces
Building Height (per CC zone)
No height restrictions -
20 feet*
25 feet
55 feet
346 spaces
20 spaces
366 s aces
Podium Building - height varies 44 feet to
60 feet
Except no building shall exceed three
and one-half stories or 45-feet in
height when located adjacent to any
CO or residential zone (applies to
town home units onl )
Residential Density (per R-3 zone)
170 units
Open Space Requirements (per R-3 zone)
72,560 square feet
Town Home Units - 35 feet
167 units
95,774 square feet
The following provides additional discussion of the project's consistency with the above
developments standards and the requested variation from the front yard setback
requirement of the CC zone.
Setbacks:
The applicant has requested that the precise plan modifying district (P) be applied to the
project site to allow a reduced front yard setback. While the proposed Precise Plan
standards would deviate from the adopted Zoning Ordinance, the site design would be
compatible with surrounding land uses as described below.
The proposed zoning ordinance deviation would allow a reduced front yard setback (25
feet required vs. 20 feet proposed) to allow clustering of the units in the podium structure
along the eastern property boundary while retaining the open space/drainage channel
configured along the project's western boundary. The currently degraded drainage channel
is proposed to be enhanced and incorporated as an open space amenity of the project. In
addition, the existing setback standards (25 feet) are more reflective of suburban
3-7
Staff Report - Item No.3
November 16, 2006
Page 8
development standards which typically emphasize buildings set back behind a
landscaped/parking area. The proposed precise plan development standards will allow
reduced building setbacks which are conducive to a more urban, pedestrian-oriented
project.
Parkin~:
The project would meet and exceed the parking requirements of the proposed residential
and commercial components. Also, as required by CVMC 19.58.205, parking, access and
circulation has been designed to be largely independent for the commercial and residential
components of the project. The commercial parking will be closest to Third Avenue and
separated from the residential parking area by a security gate in the underground parking
area.
Buildin~ Hei~ht:
The proposed building would meet the height regulations of the CC zone. The four-story
podium building proposes heights which range from 44 feet to a maximum of 60 feet. The
podium building is situated adjacent to the CC zone to the north and south, and Third
Avenue, a 72-foot wide major street, abuts the podium building on the east. As referenced,
there are no height restrictions for buildings adjacent to the CC zone. An open space
drainage channel abuts the podium building to the west. The open space/drainage channel
provides a vertical (30 feet) and horizontal (minimum 55 feet) separation and transition to
the uses (church, school) located further to the west of the site in the R-1 zone.
The three-story town homes would have a maximum height of 35 feet and are situated
adjacent to the southwest property boundary, which abuts Bayview Hospital and Menta'.
Health Systems (zoned CC-P) and multi-family uses further to the southwest in the R-3
zone. The height of the town home building would meet the building height standards of
the CC zone for buildings adjacent to CO or residential zones.
Residential Density:
Pursuant to CVMC 19.58.205(C), the allowable residential density of a mixed-use
development is limited to the maximum residential density permitted in the R-3 zone. The
maximum density permitted in the R-3 zone is 32 dwelling units per acre (du/ac).
Therefore, the maximum number of dwelling units on the project site could be 170 units.
This is based on the net area (5.3 acres) of the site after deducting the area devoted to
commercial use (3,800 square feet) and exclusive commercial parking (20 spaces _
approximately 4,000 square feet). The project proposes 167 units which would be slightly
less than the maximum units (170) permitted by the R-3 zone.
3-8
Staff Report - Item No.3
November 16, 2006
Page 9
Open Space Requirement:
The project proposes a total of 95,774 square feet of open space, which exceeds the
required 72,560 square feet by 23,214 square feet. The open space is provided through a
combination of private and common open space areas. Each home has a private balcony
or patio in order to provide private open space for each unit. The balconies, patio, and
stoops also serve to articulate and add interest to the building fa<;:ade. A pool and
recreation area with a tot lot is centrally located within the development and buffered from
the activity along Third Avenue. The recreation area is not visible from Third Avenue, but
is directly visible from the adjacent homes in order to provide security. The central
recreation area is located along a pedestrian path that provides connections to viewing
areas and seating along the upper edge of the open space/drainage channel, and provides
focused access to the on-site open space amenity. The pedestrian circulation also
connects the residents to Third Avenue and the neighborhood commercial uses. Common
open space is also provided on courtyards above the parking garage of the condominium
building. These courtyards are directly accessible from the ground floor patios of the
condominium homes.
5. Analysis
The project has been evaluated in accordance with the goals and objectives of the Chula
Vista General Plan (2005), the Zoning Ordinance and the Amended and Restated
Redevelopment Plan (2004). It is noted that the 2004 Redevelopment Plan refers to the
General Plan and Zoning Ordinance for land use guidance.
Rezone:
Of the approximately 5.5-acre project site, 1.9 acres is currently zoned CC-P, which allows
mixed-use residential development as a conditional use (CVMC 19.36.030 (0)). The
applicant has requested to rezone the remainder of the site (3.6 acres) currently zoned as
S90 to Central Commercial Precise Plan (CC-P), which would result in a consistent zone over
the entire site. As previously stated, the S90 zone designation was originally a county zone
used for the holding of agriculture materials and equipment and was intended to be replaced
as areas urbanized pursuant to the Montgomery Specific Plan. With the recent update of the
General Plan, the Montgomery Specific Plan was repealed and replaced with a new vision for
this area of the southwestern portion of the City. The development proposal would
implement the General Plan Land Use and Transportation (LUT) Policy 41.6 for this area,
which states:
HEncourage multi-family with limited retail in the area designated as Mixed Use
Residential south of L Street and west of Third Avenue.H
3-9
Staff Report - Item No.3
November 16, 2006
Page 10
The CC zone is currently the only zone district which allows development of mixed-use
projects. The proposed CC zone will contribute to the public convenience and general
welfare by further assisting in the implementation of the General Plan MUR land use
designation for the site.
In addition, LUT Policy 41.9 of the General Plan states:
Uln the South Third Avenue District, residential densities within the Mixed Use
Residential designation are intended to have a district-wide gross density of 30
dwelling units per acre."
The project proposes 167 units on 5.5 acres which results in a density of 30 dwelling units
per acre and is consistent with the City's General Plan policy for the site. The residential
density would provide a more urban, pedestrian-oriented project design that would be
compatible with the surrounding land uses.
Precise Plan Standards:
The purpose of the Precise Plan modifying district (UP" modifier) is to allow diversification
in the spatial relationship of land uses, density, buildings, structures, landscaping and open
spaces, as well as design review of architecture and signs through the adoption of specific
conditions of approval for development of property in the city. Within the boundaries of
the P district, the location, height, size and setbacks of buildings or structures, open
spaces, signs and densities indicated on the precise plan must take precedence over the
otherwise applicable regulations of the underlying zone.
Pursuant to CYMC 19.56.041, the "P" modifying district may be applied to areas within the
city when one or more circumstances are evident, including:
UThe subject property, or the neighborhood or area in which the property is located,
is unique by virtue of topography, geological characteristics, access, configuration,
traffic circulation or some social or historic situation requiring special handling of
the development on a precise plan basis. "
The precise plan modifying district has already been established on a portion of the site
(1.9 acres) and the project proposes to rezone the remainder of the site (3.6 acres) to CC
with a "P" modifier (CC-Pl. The subject property is unique by virtue of its topography and
unusual lot configuration. Although the site has over a 400-foot frontage along Third
Avenue, the depth of the lot varies from 280 feet to 515 feet, creating an unusually
configured lot. The site also includes a drainage channel that runs along the west property
boundary. The drainage channel creates a topographic elevation differential of 30 feet
3 -10
Staff Report - Item No.3
November 16, 2006
Page 11
from the east to west property boundaries and environmental constraints on the project
site. The site is also surrounded by existing urban and pedestrian-oriented uses such as
commercial retail uses, a church, elementary school, hospital and high-density residential
uses.
Since no actual criteria for implementation of the precise plan was previously developed at
the time of establishment of the "P" modifier on the 1.9 acres of the site, such standards
are now being requested in order to implement a precise plan. The applicant has
requested that the precise plan modifying district (P) be applied to the remainder of the
project site to allow a reduced front yard setback. While the proposed Precise Plan
standards would deviate from the adopted Zoning Ordinance, the site design would be
compatible with surrounding land uses as described below.
The proposed zoning ordinance deviation would allow a reduced front yard setback (25
feet required vs. 20 feet proposed) to allow clustering of the units in the podium structure
along the eastern property boundary while retaining the open space/drainage channel
configured along the project's western boundary. The currently degraded drainage channel
is proposed to be enhanced and incorporated as an open space amenity of the project.
limited access, in the form of viewing areas and seating, is proposed along the upper edge
of the open space/drainage channel.
In addition, the existing setback standards are more reflective of suburban development
standards which typically emphasize buildings set back behind a landscaped/parking area.
The proposed precise plan development standards will allow reduced building setbacks
which are conducive with the above stated goals of encouraging a mixed-use project
which is in keeping with the goals of achieving a more urban, pedestrian-oriented project.
The reduction in building setbacks will allow: 1) the commercial component of the project
to be located close to the sidewalk along Third Avenue, thereby achieving the pedestrian-
oriented nature of the project; 2) allow for a better balance between open space and
buildings on the lot. Larger open space areas as well as pedestrian corridors can be
provided between building structures while, at the same time, maintaining the desired
density of the project. Due to the orientation of existing development on adjacent
properties, no negative impact is anticipated as a result of the proposed setback reductions.
Conditional Use Permit:
Under the proposed CCP zone designation, section 19.36.030 (0) of the Zoning
Ordinance requires that a mixed-use project only be allowed by an approved conditional
use permit. In addition to the standard required findings for the granting of a conditional
use permit outlined in section 19.14.080 and included in the attached draft resolutions,
the approval of a use permit for a mixed-use project is also subject to compliance to the
3 -11
Staff Report - Item No.3
November 16, 2006
Page 12
specific standards and guidelines outlined in section 19.58.205 of the CYMe. The
following information describes how the proposed project meets these standards.
1. The use permit shall be reviewed and approved by the CVRC.
Because this project falls within the Merged Redevelopment Agency, theChula Yista
Redevelopment Corporation will review and take action on the request for the Conditional
Use Permit.
2. The commercial and residential components shall be planned and implemented
together.
The approximately 3,800 square feet of retail space will be located at the ground level of
the podium structure at the northeast corner of the property. The commercial and
residential components of the project have been designed to complement each other and
have been integrated into the podium structure which fronts on Third Avenue.
3. The maximum allowable residential density will be governed by the provisions of the
R-3 zone based upon the total project area, less any area devoted exclusively to
commercial use, including commercial parking and circulation areas. The approved
density may be significantly less than the maximum allowable density depending on
site specific factors, including the density and relationship of surrounding residential
area,s, if any.
Pursuant to CYMC 19.58.205(C), the allowable residential density of a mixed-use
development is limited to the maximum residential density permitted in the R-3 zone. The
maximum density permitted in the R-3 zone is 32 dwelling units per acre (du/ac).
Therefore, the maximum number of dwelling units on the project site could be 170 units.
This is based on the net area (5.3 acres) of the site after deducting the area devoted to
commercial use (3,800 square feet) and exclusive commercial parking (20 spaces _
approximately 4,000 square feet). The project proposes 167 units which would be slightly
less than the maximum units (170) permitted by the R-3 zone.
4. Parking, access and circulation shall be largely independent for the commercial and
residential components of the project. Each use component shall provide off-street
parking in accordance with city standards.
A majority of the parking is provided in private enclosed garages and a partially
subterranean garage. Underground parking allows for homes and open space above the
parking garage instead of having buildings encroach into the open space. Natural light
and ventilation is provided through screened openings on the north, south, and west edges
of the parking garage. On the east edge of the podium building, residential entry stoops
and the retail space conceal the parking garage from view. Access to the subterranean
3 -12
Staff Report - Item No.3
November 16, 2006
Page 13
garage is provided at two vehicular entries: one for the residents and one for the
commercial vehicles. An entry gate provided a secure entrance for the residential portion
of the garage.
5. The residential component shall meet the private and common open space
requirements of the R-3 zone.
The proposed project exceeds both the private and common open space requirements of
the R-3 zone. The project proposes a total of 95,774 square feet of open space, which
exceeds the required 72,560 square feet by 23,214 square feet. The open space is
provided through a combination of private and common open space areas. Each home
has a private balcony or patio in order to provide private open space for each unit. The
balconies, patio, and stoops also serve to articulate and add interest to the building fa\;ade.
A pool and recreation area with a tot lot is centrally located within the development and
buffered from the activity along Third Avenue. The recreation area is not visible from
Third Avenue, but is directly visible from the adjacent homes in order to provide security.
The central recreation area is located along a pedestrian path that provides connections to
viewing areas and seating along the upper edge of the open space/drainage channel, and
provides focused access to this on-site open space amenity. The pedestrian circulation
also connects the residents to Third Avenue and the neighborhood commercial
uses. Common open space is also provided on courtyards above the parking garage of the
condominium building. These courtyards are directly accessible from the ground floor
patios of the condominium homes.
6. The conditional use permit may include a restnctlOn on commercial uses and/or
business hours in order to avoid conflicts with residential units.
The proposed commercial use will be compatible with the residential development and
would not require any restrictions on hours of operation.
Desi~n Review:
The project's architecture is in the style of Irving Gill. Its main elements are the use offlat
roofs, rectangular massing, ground level arches and breezeways, and light color exteriors.
The proposed project has been reviewed for consistency with the City of Chula Vista
Design Manual and Landscape Manual. Attachment 7 provides the terms of grant of the
permit. Final landscape and irrigation plans will be required to be reviewed and approved
by the City Landscape Planner for compliance with the City Landscape Manual prior to
issuance of building permits.
3 -13
Staff Report - Item No.3
November 16, 2006
Page 14
Tentative Map:
An application for a Tentative Map was submitted for the project to consolidate the
existing four lots and provide for the grading and development of the site as shown on the
site and grading plans. The proposed project has been reviewed for consistency with the
City of Chula Vista Subdivision Manual and the City has included the necessary conditions
that must be satisfied prior to issuance of a Final Map. The conditions are described in
detail in Attachment 8.
ATTACHMENTS
1 . Locator Map
2. Aerial Map
3. General Plan Southwest Planning Area - South Third Avenue District
4.a. Site Plan
4.b. Development Plan Package (Distributed to Board Members only; copy on file at the
Community Development Department)
5. Mitigated Negative Declaration (15-06-008)
6. Development Application with the following appendices:
Appendix A - Project Description and Justification
Appendix B - Disclosure Statement
Appendix C - Development Permit Processing Agreement
7. Design and Conditional Use Permit Conditions
7. Tentative Map Conditions
9. Letters of Support
PREPARED BY: Miguel Tapia, Senior Community Development Specialist
Frank Alvarez, Community Development Specialist II
J:\COMMDEV\CVROCVRC Meetings\Staff Reports\2006\ 11-16-06\Creekside\Creekslde Vistas - Staff Report-doc
3 -14
ATTACHMENT 1
San Diego
Country
Golf Course
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Creekside Vistas, LLC. C/o PROJECT OESCRIPTlON:
C9 APPLlCAN'P. Douglas Wiison Companies. DESIGN REVIEW
PROJECT 914-942 Third Av. Proposal is for 167 multi-family residential units and 4,000 sq. Ie
ADDRESS: of ground floor retail commercial.
I SCALE: FILE NUMBER:
NORTH No Scale PC: ';S~, PCC06-026, DRC-06-35, IS-06-ooa
-
J:\planning\carlos\locators\PCZ0604.cdr 05.26.06
3 15
ATTACHMENT 2
'":reekside Vistas Project Location N
.-CI-06-04, DRC-06-35, PCC-06-026
PCS-06-06, IS-06-008
Chula Vista Redevelopment Corooration/City Council Meeting
November 16, 2006 3 - 16
t....
=-~
ATTACHMENT 3
~~ Chl!la
_",'nO VIsta
~~Vision
, 2020
LAND USE AND TRANSPORTATION ELEMENT
CHAPTER 5
8.4 District and Focus Area Planning Factors, Objectives,
and Policies
Five Districts have been identified within the Southwest's Montgomery Subarea, and are described
in this section. This section also identifies proposals for change and improvement within the
Districts and provides appropriate policies that will guide implementation of the vision for each
District
8.4.1 South Third Avenue District
Description of District
The South Third Avenue District (Figure 5-21) is a significant north/south commercial street that
links several neighborhoods in the City. The District is generally iocated between L Street on the
north and Palomar Street on the south.
Existing Conditions
Retail and services along Third Avenue support adjacent residential areas. Civic uses, including a
post office and Lauderbach Park, are located near the intersection with Oxford Street
Vision for District
The South Third Avenue District is an area with neighborhood-serving commercial uses and good
transit service for residents of the single-family and multi-famiiy homes. It is an attractive area,
with recent streetscape improvements and renovated building fac;ades, where residents enjoy
waiking to do their daily shopping needs or dine in a restaurant Some redevelopment along
Third Avenue has introduced additional residential units above retail shops and professional
offices. These physicai improvements, plus the addition of more local-serving shops and a
community center have helped to create a vibrant mixed use core in the SouthwestTown Focus
Area that has become a community focal point in the Southwest Planning Area.
A transit station near the intersection of Third Avenue and Palomar Street and a Bus Rapid Transit
(BRD route connect the Palomar StreetTrolley Station with the eastern master planned
communities and regional commercial centers. The transit station serves the SouthwestTown
Focus Area and provides additional transportation options for the area. Due to proximity to transit
residential densities are higher south of Oxford Street than north of Oxford Street
Page LUT-140 City of Chula Vista Gene
3 -17
L St.
Moss Sf.
Naples St
Oxford St.
Palomar St.
0,...
,,~..
4,..~
';J\
NOT TO SCAlE
Southwest Planning Area
South Third Avenue District
Of. Sf.
RES. JiJASi.F'LiBLiC
HIGH
~I"IXEC:
USEw/
RES.
RES.
LOVV-MEJ
~
-0:
"
5
u
ell
LEGEND
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
......
~
'"
~
~
"
"
I
'"
~
"
. PROPOSED TRANSIT STATION
FUTURE TRANSIT ROUTE
. . . . .. SOUTHWEST TOWN FOCUS
STUDY AREA
AREAS OF CHANGE
EXISTING LAND USE
Figure 5.21
Page LUT-141
~ff?-
- -
=~
OUAVlSTA
is <'
I
.s) ~
w '"
'"
<'
~
w
'"
a
.W
~. '"
w.
"'"
C
~
~
~
-0:
~
~
~
..............
. .
. .
. .
· ;il ill c;
-6 ~ ~ ~ .w
. I ~ C( ~ .~
-tr ~ '2 ~ .~
. t\( ~ ~ ~ . ill
. ~ ~ .0.:::
. ~ ~ .
. .
. .
. ~ ~ .
0,- c:: ~ } :< .
~ 3: ~~ fJI
~ ~ ::lw ~
.( '" c. c.
~ =:! ll.liJi ..f:iI
~ ~ ~~ ~
~. ~ .
~. .
. .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
......
RE"'"All
tn~
':>L:::::
~
<'
~
~
"
3 -18
LAND USE AND TRANSPORTATION ELEMENT
LUT 41.6
Encourage multi-family with limited retail in the area designated as Mixed
Use Residential south ofL Street and west of Third Avenue.
LUT 41.7
Create a mixed use core with new residential and local seNing retail in the
area designated as Mixed Use Residential between Oxford Street and Palomar
Street in the Southwest Town Focus Area that will seNe as the focal point for
the community in the Southwest Planning Area.
LUT 41.8
Retain and enhance local seNing retail uses in the area designated as retail
between Palomar Street and Orange Avenue.
Intensity/Height
LUT 41.9 In the South Third Avenue District residential densities within the Mixed Use
Residential designation are intended to have a district-wide gross density of 30
dwelling units per acre.
LUT 41.10 In the SouthwestTown Focus Area, the commercial (retail and office) portion of
the Mixed Use Residential designation is intended to have a focus area-wide
aggregate FAR of 1.0. Subsequent specific plans or zoning ordinance
regulations will establish parcel-specific FARs that may vaiy from the district-
wide aggregate (refer to Section 4.8.1, Interpreting the Land Use Diagram, for a
discussion of district-wide versus parcel-specific FAR).
LUT 41.11 In the South Third Avenue District excluding the Southwest Town Focus Area,
the commercial (retail and office) portion of the Mixed Use Residential
designation is intended to have a focus area-wide aggregate FAR of 0.5.
Subsequent specific plans or zoning ordinance regulations will establish
parcel-specific FARs that may vaiy from the district-wide aggregate (refer to
Section 4.9.1, Interpreting the Land Use Diagram, for a discussion of district-
wide versus parcel-specific FAR).
LUT 41.12 Building heights on both sides of Third Avenue shall be primarily low-rise
buildings. Permit low-rise buildings in the SouthwestTown Focus Area.
3 -19
Page LUT-143
~I~
=a
OlUlA VISTA
ATTACHMENT 4.a.
.
Creekside Vlslas
O~J~*'~~-~n~
_20050'58 01,05.0'
[)ol~I...Wil."ffiG"llpllnie!;
Chulo Vista, California
3 - 20
Mitigated Negative Declaration
ATTACHMENT 5
PROJECT NAME:
Creekside Vistas
PROJECT LOCATION:
914-942 Third Avenue
ASSESSOR'S PARCEL NO.:
619-010-04/38/42/56
PROJECT APPUCANT:
Creekside Vistas, LLC
Douglas Wilson Companies""
CASE NO,:
1S-06-008
DATE OF DRAFT DOCUMENT:
Seutember 1.'2006
DATE OF FINAL DOCUMENT:
Odober 13.2006
Prepared by:
Maria C. Muett
Revisions made to this docnment subsequent to the issuance of the notice of availability of
the draft Negative Declaration are denoted by underline.
A. Proiect Setting
The project site is 5.5-acres in size and consists of four adjoining parcels. The site is located
southwest of the L Street and Third Avenue intersection, between L Street and Moss Street. The site
is within the Redevelopment Projl'ct Area of the City of Chula Vista (see Exhibit A - Location Map).
The site was previously developed but has been vacant for many years. A natural drainage channel
runs along the western perimeter of the project site. On-site vegetation exists primarily along said
drainage channel (see Exhibit B-Existing Site Plan). The land uses immediately surrounding the
project site are as follows:
North/N orlhwest:
Northeast:
South/Southwest
Southeast:
East:
Elementary School and Church
Auto Parts Business
Multi-family Residential
Behaviorial Health Campus
Across Third Avenue/Golf Course
B. Proiect Descriution
The project proposal consists of the construction of a mixed-use development of 167 multi-family
residential units. The proposed units would consist of single story flats (on four levels), two-story
stacked townhomes, and traditional three-story townhomes. Co=ercial/retail space (4,000 square
feet) would be maintained on the ground leveL The project would provide required parking through
private garages, surface parking and a podium parking structure.
Proposed improvements include street dedication, curb/gutter and sidewalk repair, closure of
underutilized access, new driveways and emergency fire lane and services, private interior ~oads,
storm drain facilities/filtration systems, water service extensions, sewer facility improvements,
underground existing utilities, retaining walls, open space sitting areas and trails, landscaped
treatments, pool, security lighting and other amenities. The proposed open space area lies outside of
an existing on-site floodplain and wetland area.
3 - 21
C. Compliance with Zoning and Plans
The majority of the project site is designated CCP (Central CommercialJPrecise Plan) Zoning and
MUR (Mixed-Use Residential). A small portion of the site has a County of San Diego zoning
designation of S90, which allows residential uses. The floodplain area is designated as open space in
the General Plan. Project permitting includes Design Review, Tentative Subdivision Map, Rezone (to
convert S90 to CCP) and a Conditional Use Permit to allow residential development within the CCP
Zone.
D. Public Comments
On May 2, 2006, a Notice of Initial Study was circulated to property owners within a 500-foot radius
of the proposed project site. The public review period ended May 12, 2006. Communication was
received regarding the drainage channel and disturbed vegetation.
On September 5. 2006 a Notice of Availability of the Proposed Mitigated Negative Declaration for
the project was posted in the County Clerk's Office and circulated to property owners withii:! a 500-
foot radius of the proiect site. The 30-dav public COmment period closed on October 5. 2006. Four
+l3ree comment letters were received from State agencies,;-three during the public review period and
one letter was received after the public review deadline. One comment letter was from the Native
American Heritage Commission and dealt with potential imnacts to archaeological resources. The
second letter was from the State of California/Department of Transportation (District 11) regarding
transportation/traffic issues. The third letter was from the Department of the Interior/USFW and dealt
with biological resources and conservation planning, The fourth letter was from the State of
California/Dejlartment of Toxic Substances Control and dealt with hazardslhazardous materials. The
issues raised in these letters have been addressed in the Mitigated Negative Declaration and attached
checklist as well as in the attached response to comments (Exhibit "C").
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist form) determined that the proposed project may have potential significant environmental
impacts, however, mitigation measures have been incorporated into the proj ect 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 Environmental Quality Act (CEQA)
Guidelines.
Air Oualitv
In order to analyze potential air quality project impacts/emissions, an Air Quality Impact Analysis
was prepared by Giroux and Associates, dated August 25, 2006. The emission factors and threshold
criteria contained in the South Coast Air Quality Management District GuidelineslThresholds for Air
Quality Analysis and the URBEMIS 2002 model were primarily used.
Construction Activity Impacts
A comparison of construction emissions to the SCAQMD' s emission thresholds of significance for
each pollutant was analyzed. The addition of emissions to an air basin is considered under CEQA to
be a significant impact.
It is anticipated that based on the project's emission factors and proposed construction activities the
3 - 22
proposed project will exceed the SCAQMD's daily threshold emission levels. Air quality impacts
resulting from construction-related operations are considered short-term in duration since
construction-related activities are a relatively short-term activity. The proposed project will result in
short-t= air quality impacts directly related to cleanup, grading and construction activities
associated with the project. Worker and equipment vehicle trips will create temporary emissions of
dust, fumes, equipment exhaust, spillover and other air pollutants associated with the
grading/construction and cleanup activities. Exhaust emissions will result from on and off site heavy
equipment. Dust control and emission controls are recommended for off-road construction equipment
as well. As a mitigation requirement, construction equipment exceeding 100 brake-horsepower must
meet Tier 3 emission limits during all grading phases of the project construction. All project
emissions are anticipated to be at or below the standard thresiiolds. Implementation of the Air
Quality Mitigation Measure No. 1 contained in Section F below would mitigate short-term
construction-related air quality impacts to below a level of significance. These measures are included
as a part of the Mitigation Monitoring and Reporting Program.
Project Operational Impacts
The primary direct air quality impacts are project generated traffic trips. An analysis of these
emissions combined with site source emissions was made and compared with the established
significance threshold levels and found that none of the analyzed pollutants exceeded the set
thresholds. Specifically, project related carbon dioxide CO levels are identified below the significance
threshold. No significant traffic generated operational related air quality impacts are created as a
result of the proposed project.
The potential also exists that the public will be exposed to particulate matter and other air
contaminants from diesel-fueled co=ercial vehicles serving the retail portion of the project.
However, the State of California has established airborne control measures to limit public exposure to
diesel fuels by limiting diesel fueled motor vehicles idling no longer than 5.0 minutes at any public
location, including uses of equipment on the vehicle during resting periods. Enforcement of this
regulation will mitigate air quality impacts to below a level of significance. This measure is included
as a part of the Mitigation Monitoring and Reporting Program.
Biological Resources
A biological reconnaissance survey and jurisdictional wetland delineation of the project site was
conducted by Merkel and Associates, Inc. to identify existing vegetation and wildlife species on the
site. The biological resource report, dsted July 13, 2006 is summarized below.
The 5.5-acre project site is currently vacant and consists of primarily disturbed land with small
patches of non-native grassland (0.3-acre) and eucalyptus woodland (O.04-acre). The surrounding
land to the west, north, east and south are currently developed with residential and commercial uses.
Telegraph Canyon Creek runs along the west= border of the project site and is dominated by
previously disturbed wetlands, south= willow scrub, and coastal fresh water marsh. In order to
avoid impacts to Telegraph Canyon Creek, the proposed project is designed to retain the Creek and all
associated wetland resources surrounding it.
Under the City's MSCP Subarea Plan, the project site is located in an area designated as a
Development Area and is subject to the requirements of the Habitat Loss Incident Take (HUT)
Ordinance. In accordance, with the HUT Ordinance, those projects that are greater than one acre,
contain sensitive biological resources, and are located outside the "Covered Projects," must
demonstrate compliance with the Ordinance and obtain Take authority from the City of Chula Vista
for impacts to Covered Species. The following is a summary of the findings contained within the
biological resource report as required by the City's HLIT Ordinance, Section 17.35.
3 - 23
Sensitive Species
Vegetation Communities
The proposed project currently supports a small area of Non-Native Grassland (NNG). NNG is
considered sensitive habitat under the City's MSCP Subarea Plan and is designated as Tier ill
(co=on uplands) habitat. According to the biological report, the proposed project will directly
impact the existing NNG on site. In order to meet the requirel;!lents of the City's MSCP Subarea
Plan, the project was designed to avoid impacts to sensitive biological resources such as Telegraph
Canyon Creek. As a result, impact to the small area of NNG couId not be avoided. Impact to this
vegetation co=unity is considered significant and will require the implementation of the mitigation
measures identified in Section F of this Mitigated Negative Declaration to reduce direct biological
impacts to a level below significance. These measures are included as a part of the Mitigation
Monitoring and Reporting Program.
Plant Species
The project site is dominated by disturbed lands consisting of non-native weeds such as Russian
thistle and sweet f=eL Based on field surveys conducted by Merkel & Associates and the disturbed
nature of the project site, no sensitive plants or narrow endemic species were observed or have the
potential to occur on the project site. Implementation cf the proposed project will not result in
significant impacts to sensitive plant species or narrow endemic species. No mitigation measure is
required.
Merkel & Associates identified one mature coast live oak tree on the project site. Although the coast
live oak is not listed as a sensitive species or covered under the City's MSCP Subarea Plan, the
project is designed to retain this individual tree in an area planned for a proposed walking path. In
order to ensure impacts to this tree do not occur during construction, implementation of mitigation
measures identified in Section F of this Mitigated Negative Declaration. These measures are included
as a part of the Mitigation Monitoring and Reporting Program.
Wildlife Species
Based on field surveys conducted by Merkel & Associates and the disturbed nature of the project site,
the biological resource report concluded that no sensitive wildlife species were observed or have the
potential to occur on the project site. Only co=on species such as the mourning dove, Anna's
hummingbird, black phoebe, and California towhee were observed onsite. Implementation of the
proposed project will not result in significant impacts to sensitive wildlife species. Therefore, no
mitigation measure is required.
The proposed project will require the removal of a relatively small concentration of eucalyptus (0.04-
acre) found near the southeastern property boundary. Removal of the eucalyptus may potentially
result in direct impacts to nesting raptors and/or migratory birds which may be present on the project
site. Prior to removal of the eucalyptus woodland, mitigation measures must be implemented to
reduce impacts to nesting raptors and/or migratory birds to below a level of significance. Please refer
to Section F of the Mitigated Negative Declaration for proposed mitigation measures.
Wetland Resources
Telegraph Canyon Creek runs along the western border of the project site and is dominated by
disturbed wetlands and southem willow scrub. A Wetland Delineation was conducted on January 23,
3 -24
2006 by Merkel and Associates, Inc., pursuant to the United States Army Corp of Engineers (ACOE)
Wetlands Delineation Manual (Environmental Laboratory 1987) to identifY jurisdictional waters and
wetland resources. The wetland delineation concluded that wetlands and Non-wetland Waters of the
U.SJStreambeds as defined by the ACOE and California Department of Fish and Game occur on the
project site. Table 1 summarizes the wetland resources found on site.
ummary 0 an esources u ite
Type of Wetland Resource Area (acres)
Southern willow scrub , 0.04
Disturbed wetlands OJ
Coastal freshwater marsh 0.004
Non-Wetland Waters of the U.S./Streambed 0.07
S
Table 1
fWetl dR
o s
The proposed project is designed to avoid impacts to Telegraph Canyon Creek and all associated
wetland resources surrounding the creek. Therefore, implementation of the proposed project will not
result in significant impacts to wetland resources and jurisdictional wetlands on the project site. No
rnitigation measure is required.
Indirect Impacts
The proposed project is designed to retain the Telegraph Canyon Creek and all associated wetland
resources on the project site; however, implementation of the development will result in indirect
impacts to this wetland feature. Potential indirect impacts may be associated with an increased
exposure to excessive noise, lighting, use of non-native invasive species, and stormwater run-off.
According to the biological resource report, stormwater leaving the proposed project site may result
in the introduction of sediment or pollutants to Telegraph Creek channel. In addition, Telegraph
Canyon Creek may be exposed to non-native invasive species incorporated as part of the proposed
project. In order to mitigate potential iodirect impacts, implementation of the mitigation measures
identified io Section F of this Mitigated Negative Declaration will reduce identified indirect
biological impacts to a level below significance. For further discussion of impacts associated with
stormwater runoff, refer to the Hydrology/W ater Quality Section below for further details. These
measures are iocluded as a part of the Mitigation Monitoriog and Reportiog Program.
Geolol!V and Soils
To assess potential geological and soils impacts of the project, a Preliminary Geological
Reconnaissance Report for Proposed Residential Development, 3'" Avenue, Chula Vista, California,
July 7,. 2005, was prepared by Leighton and Associates, Inc. The results of this analysis are
summarized below.
The project site is not located in an active Earthquake Fault Zone. The nearest active fault is the Rose
Canyon fault approximately 5 miles away. No known significant or suspected seismic hazards
associated with the project site have been identified.
A final soils report is required to be prepared to satisfaction of the City Engineer, prior to the issuance
of grading and construction permits. Erosion control measures will be identified in conjunction with
the preparation of the grading plans and implemented during the construction phase. Through project
design as recommended in the study, and the mitigation measures contained in Section F below,
3 - 25
potential geological impacts would be mitigated to a level of less than significance. These measures
are included as a part of the Mitigation Measure Monitoring and Reporting Program.
HazardslHazardous Materials
In order to assess potential hazardous materials impacts, a Phase I Environmental Site Assessment
report was prepared by Leighton and Associates, Inc., on July 7, 2005 for the project site. The same
consultant prepared a Phase II on August 12, 2005 to further address potential impacts from
surrounding properties. Please refer to the following summary be~ow.
Phase I Environmental Site Assessment
According to the Phase 1, no historical records were available for the project site prior to 1930. From
1930 to 2002, the land uses consisted of residential and co=ercial activities. The site is currently
vacant and was previously used for disposal of transient waste dumping, trash, yard and
construction/demolition waste.
On-site
The assessment noted the storage of one 55-gallon drum on the west= portion of the project site.
No staining was observed in the area surrounding the drum. No evidence of underground storage
tanks (USTs) or above ground storage tanks (ASTs) was observed. No groundwater monitoring wells
were observed on the project site. It was reco=ended that the project site be further evaluated as to
the proper removal/disposal of the identified 55-gallon drum and its contents. The on-site waste fill
and trash was primarily residual concrete foundations and construction waste as well as transient
trash/materials. No other environmental concerns were observed or reported during the site
observation.
Off-site
In accordance with standard assessment procedures, regional database listings of hazardous wastes
and materials sites within the project site were reviewed. Based upon Leaking Underground Storage
Tanks (LUST) cases within proximity of the project site, three locations have active cases that have
impacted groundwater and site assessments and cleanup are either currently underway or closed as
regulated by the regional agencies; County of San Diego Department of Environmental Health
Services (DEHS) and the Regional Water Quality Control Board (RWQCB). The project site is
located at a higher elevation than the listed LUST sites. However, subsurface conditions have not
been evaluated. It was reco=ended that additional research be conducted to review the case files
for these sites to determine the possible extent of impacted groundwater related to the unauthorized
release, if any.
Phase II Environmental Site Assessment
The purpose of this additional evaluation was to review the records of the three open Leaking
Underground Storage Tanks (LUST) cases within one-eighth mile of the project site.
The LUST site located at 898 Third Avenue (gas station) is in the closure process with the DEHS.
No further groundwater monitoring is required as of July 14, 2005. The LUST site located at 899
Third Avenue (gas station) has no issues related to groundwater; therefore, offsite migration of
hydrocarbons towards the site is unlikely to occur.
3 - 26
The LUST site located at 902 Third Avenue (gas station) is still in the remediation process for
r=oval of petroleum hydrocarbons. A groundwater-monitoring well was installed and is in
operation in the auto parts parking lot north of the project site. Based upon monitoring reports, the
groundwater flows in an easterly direction, away from the project site. The groundwater level is at 75
feet below grade. MTBE has not been reported above the State of California contaminant levels for
drinking water. Additionally, in a letter dated July 28, 2003 the DEHS determined that based upon
the regular monitoring reports that vapor risk to off site structures is not considered pertinent, as there
is no evidence of vapor risk levels. Therefore, no additional environmental assessment of the project
site is necessary.
In the event any off site conditions change, additional assessmeiit may be necessary by a qualified
environmental professional to assess the areas of conc=. This may include the preparation and
submittal of a written analysis, identifying the areas of concern with appropriate measures, to the
Planning and Building Director for review.
The mitigation measures contained in Section F below would mitigate potential hazardslhazardous
materials impacts to a level of less than significance. These measures are included as a part of the
Mitigation Monitoring and Reporting Program.
HvdrololZV and Water Qualitv
Drainafle
In order to assess potential drainage impacts of the project, a Preliminary Drainage Report for Third
Avenue and L Street, Chula Vista, California, February 2006, was prepared by Project Design
Consultants. The results of this analysis are summarized below.
Existing Conditions and Drainage Improvements
The project located adjacent to the Telegraph Canyon Creek. The 100-year floodplain lies along the
western edge of the project site, however, the outermost project edge and grading limits are outside
the 100-year floodplain.
The site and adjacent street currently drain northeast to southwest towards the Telegraph Canyon
Creek. The off-site drainage improvements currently exist along Third Avenue and L Street.
Proposed Drainage Improvements
Based upon review of the preliminary drainage study, the Engineering Department has determined
that there are no significant issues or impacts regarding the proposed drainage improvements for the
proj ect site.
The drainage analysis results verify that the project does not adversely impact the existing City storm
drain facilities. The proposed on-site drainage improv=ents consist of a series of building drains,
gutters, parking structure drainsge system, landscape inlets, piping systems, tying into the area drains
with filtration systems, rip-rap, nnderground detention facility and filtration systems outside the
floodplain to pre-treat prior to entering the wetlands/channel.
Comparison of the site's existing and proposed design storm flows indicates that the peak 100-year
flows will be increased as a result of the proposed project. To lessen any potential impact, the
drainage improvement system proposed includes a detention basin that will control this increase in
the peak 100-year discharge. The City Engineer will require the applicant to enter into an Irrevocable
Offer of Dedication (laD) for drainsge purposes that requires approval by the City Council.
3 - 27
Water Quality
In order to assess potential water quality impacts created by the proposed project, a Water Quality
Technical Study was prepared by Project Design Consultants and dated August 2006. Due to the
location of the project next to a waterway and potential for substantial impacts to water quality, the
applicant/developer will be required to implement post-construction Best Management Practices
(BMPs) to the maximum extent practicable, including the use of high pollutant r=oval efficiency
treatment BMPs. The City of Chula Vista SUSMP requires a "combination of site design, source
control, and treatment control BMPs. The project proposed the following BMPs: warning signage by
storm drain and sensitive water areas, catch basins with filtration devices, detention basins, flow
through planter boxes, landscaped treatments and grass swales. Parking areas and driveway runoff
will be directed into a vegetated swale or catch basin with filtration device prior to offsite discharge.
The parking structure design includes an underground detention facility that will collect and pretreat
any storm water runoff prior to entering the underground parking structure. Tbis will prevent project
pollutant runoff or direct pollutant impact transferred from off-site vehicles.
The applicant will be required to comply with the City of Chula Vista's Storm Water Manag=ent
Manual and implement Best Management Practices (BMPs) to prevent pollution of the storm water
systems during and after construction. The applicant will also be required to comply with the NPDES
Municipal Permit, Order No. 2001-01 and other permit requir=ents, identify potential storm water
pollutants as well as proposed BMPs that will be used for treatment, and submit a water quality study
with submittal of final gradinglimprov=ent plans to the satisfaction of the City Engineer. Storm or
non-storm water from such designated area shall not be discharged into City storm drainage systems
but disposed of in accordance with Federal, State, and Local laws and regulations.
As a standard condition, a final drainage study will be required in conjunction with the preparation of
the project grading plans. The proposed drainage improvements as described above would improve
the overall on-site drainage syst= and accommodate the proposed project. The drainage facilities
shall be installed at the time of the site development to the satisfaction of the City Engineer.
The mitigation measures contained in Section F below would mitigate potential hydrology/water
impacts to below a level of significance. These measures are included as a part of the Mitigation
Monitoring and Reporting Program.
Noise
A noise study was prepared by Kirnley-Horn and Associates, Inc., Exterior Noise Analysis Report,
dated May 1, 2006 to assess potential noise impacts of the proposed project. The noise assessment
analyzed the project with respect to the regulations contained in the Chula Vista Municipal Code
(noise control ordinance). A copy of the noise study is available for review at the Planning and
Building Department.
Existing Conditions
The project site is currently vacant and surrounded by multifamily residential, commercial, schools
and medical facility land uses. The project site is adjacent to Third Avenue and next to a parcel
directly adjacent to L Street. The existing noise is primarily generated by traffic that travels along
Third Avenue and L Street with existing Average Daily Traffic (ADT) volume of 20,000 and 14,000
vehicles, respectively.
Existing Plus Project Conditions
3 -28
The noise generators (traffic) will remain the same, as the proposed project is a mixed use that
contains priIrurrily residential and minimal commercial land use. The future traffic volumes projected
for Third Avenue and L Street are 25,000 and 15,000 vehicles; an increase of 5,000 and 1,000
vehicles respectively.
The co=ercial space will be locatd at the northeast= portion of the proj ect site at ground level
adjacent to Third Avenue. No commercial related significant impacts will result from the retail
portion of the proposed project; 4,000 square feet of retail use.
The future traffic noise will have a maximum level of 53dBA cNEL at the pool and courtyard areas.
The proposed patioslbalconies facing Third Avenue will have future noise levels up to 70 dBA
CNEL. All other patioslbalconies throughout the project site will be below the 65 dBA CNEL levels.
The City's dBA CNEL exterior noise requirement for residential land use is 65 dBA CNEL. The
patioslbalconies located adjacent to Third Avenue will be impacted by the future traffic noise levels
and will require mitigation to lessen the level of significance. The mitigation recommended is a five-
foot sound attenuation barrier along the perimeter of the patiolba1cony. The wall barrier shall be solid
in construction with no holes or gaps. In order to maintain a view, the barrier may include glass or
plexiglass with a minimum density of 3.5 lbs./footz. The mitigation measures contained in Section F
below would mitigate future exterior traffic noise impacts to the patioslbalconies adjacent to Third
Avenue below a level of significance and in compliance with the City of Chula Vista Noise
Ordinance standards.
Short-Term Construction Noise
Pursuant to Section 17.2.050(1) of the Chula Vista Municipal Code, construction work (including
demolition) in residential zones that generates noise disturbing to persons residing or working in the
vicinity is not pemritted between 10:00 p.m. and 7:00 a.m Monday through Friday and between
10:00 p.m. and 8:00 a.m. Saturday and Sunday, except when necessary for emergency repairs
required for the health and safety of any member of the community. Due to the presence of the
adjacent multi-family residential development and sensitive population (medical center) and school,
this provision of the Municipal Code applies to the project and would ensure that the residents and
occupants would not be disturbed by construction noise during the most noise sensitive periods of the
day.
Outdoor/Rooftop Mechanical Equipment Noise
Heating, ventilation and air conditioning (HV AC) equipment is proposed on the roof of the residential
buildings. The noise generated by the HV AC equipment would vary depending on the type and size
of the mechanical equipment. Based upon the preliminary mechanical plans and lack of complete
noise assessment due to unavailability of final rooftop mechanical plans, the study concluded that
noise generated from the HV AC could exceed the City's noise standard. Noise impacts related to the
outdoor mechanical equipment are considered significant. Therefore, an additional acoustical study
shall be required to ensure that the multiple floor interior noise levels of the residential use would not
exceed the 45 CNEL standard. The mitigation measures contained in Section F below have been
included to mitigate HV AClor rooftop mechanical equipment noise impacts to below a level of
significance.
Truck Deliveries
Due to ample designated commercial parking available on the site, restriction of delivery hours
limited between the hours of7:00 a.m. and 10:00 p.m. and State law limiting truck idling, no adverse
3 - 29
noise impacts are anticipated. The mitigation measures contained in Section F below would mitigate
potential noise impacts to below a level of significance. These measures are included as a part of the
Mitigation Monitoring and Reporting Program.
T raIlSPortationlrraffic
To identify potential traffic impacts associated with the project development, a Traffic Analysis
Report/Site Access Analysis - Creekside Vistas, Chula Vzsta dated May 22, 2006_ was prepared by
REF Consulting, Inc. The traffic analysis is summarized below.
Analysis Methodology/Significance Criteria
In order to anticipate cumulative future projects in the area, a conservative methodology approach
was applied to the existing traffic volumes. This created a foundation or baseline for the proposed
proj ect impacts to be measured and used in the traffic analysis.
Existing Plus Proposed Conditions/Trip Generation
The proposed project site is currently vacant. The Creekside Vistas project is proposed as a mixed-
use development. The project is forecast to generate approximately 1,496 average daily trips (ADTs);
the residential condo portion will generate 1,336 trips and the specialty retail 160 trips. Including 24
inbound and 88 outbound trips during the AM peak hour, and 91 inbound and 43 outbound trips
during the PM peak hour.
Access
The project site is currently accessed via three driveways along Third Avenue that will continue to
provide access to the project site. Driveway 1 is located 232 feet south ofL Street and will be used as
a Fire Lane. The mid driveway (Driveway 2) from Third Avenue provides access into the parking
structure. The floor of the garage will be at the same elevation of Third Avenue and throughout the
first floor, therefore, vehicles will not be required to go up or down a ramp. The furthest driveway to
the south, Driveway 3, is designated as a private driveway. Surface level parking is provided along
this private drive (private Drive "A"). Residents will take access to the parking structure from
Private Drive "A" only. A clear line of sight shall be provided at each driveway based upon required
building setbacks, signage and landscaping in accordance with development plans.
Parking
Surface level and subterranean parking will be provided on site. A total of 28 surface level parking
spaces will be provided along a private drive. Approximately 24 parking spaces are allocated for
commercial use only and designated as a restricted parking use area. The remaining 340 parking
spaces will be provided within the subterranean parking structure (podium). The parking spaces are
divided from the commercial parking spaces by a fence within the parking structure. In addition,
surface level parking is provided along the private drive "A". In accordance with the City Municipal
CodelParking Ordinance (Section 19.62), the proposed project is in conformance with the required
parking code quota.
On-Site Circulation/Sight Distance
Four interior private roads are provided on site identified on the development plans as the Fire Lane,
Private Drive "A", Private Drive "B" and Private Drive "C". Both the Fire Lane and Private Drive
"A" dead end on site. There are no sight distance issues anticipated at the Fire Lane off Third
Avenue. According to the Fire Department adequate turn around space is provided on each roadway
3 - 30
that allows emergency vehicles and vehicle/truck circulation adequate queing and turnaround. In
addition, the Fire Lane is 20 feet in width and at the terminus of the fire lane a hammerhead
turnaround as reflected in the project design meets the Fire Department standards. Private drives as
reflected in the development plans and through project design meet adequate turnaround radius
requirements according to the Engineering Department.
Private Drive "A" slopes down approximately 5% away from Third Avenue. The road crests at the
top of the project right-of-way. As exhibited in the development plans, no sight issues occur from
northbound and southbound traffic. The finished grade of the parking structure is even with the grade
of Third Avenue, at that specific location. The building setback i~. adequate to provide a clear line of
sight for vehicles exiting the parking structure onto Third A venue~'
The proposed accessibility and circulation have been adequately addressed. No significant traffic
impacts will result relative to traffic circulation and site access.
Operational Assessment (Intersection)
An operational assessment of the signalized intersection at Third Street and L Street was studied as
required by the Engineering Department. The intersection is currently operating at a Level of Service
"C" and it has been determined that it will continue operating at LOS "C" with the project generated
traffic trips. No significant intersection/capacity related traffic impacts would result from the
proposed proj ect.
F. Mitigation Necessarv to Avoid Significant Impacts
Air Quality
1. The following air quality construction 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 Enviro=ental Review
Coordinator. The City mitigation measure monitor will ensure compliance of the following:
. Minimize simultaneous operation of multiple construction equipment units.
. Use low pollutsnt-emitting construction equipment.
. Use electrical construction equipment as practical.
. Use catslytic reduction for gasoline-powered equipment.
. Use injection-timing retsrd 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 permanent roads as quickly as possible to minimize dust.
. Use electricity from power poles instead of temporary generators during building, if
available.
. Apply stsbilizer or pave the last 100 feet of int=al 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
unpaved 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; and
3 - 31
o Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per
hour.
o Any construction equipment exceeding 100 brake-horsepower must meet Tier 3 emission
limits during the grading phase of project construction in accordance with the project's Air
Quality Impact Analysis dated August 25, 2006.
Biological Resources
2. To ensure no indirect impacts to nesting raptors and other migratorv birds occur during
construction (including clearing and grubbing) construction activities adiacent to nesting habitat
should occur outside of the raptor and general avian breedin~.season (Januarv 15 to August 31 ).
To a-:oid my rHreet im13asts tEl RestJ..Eg rafltors irFld/Of mi6Fatef)' eiras, eOflstFuetisn ffil:1st ee61H
.0l:Ftslae elf the l:rreediHg Sea8ClB for these sfleeies (laauary 15 tlH'0ugJ:J S~temeef 39). If
construction must occur during the breeding season, the aj3j3lis8l'lt saall retaffi a CfE)' aj3jlre?ea
eielegfst te SOfia!>et a pre-construction surveys must be performed bv a City-approved biologist
to determine the oresence or absence of4er nesting rnjltol'S lHla/eF migruteFj' birds within 300-feet
of the construction area and nesting raotors 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 for review and approval. If nesting birds and/or
raotors are detected bv the Citv-aooroved biologist. a bio-monitor must be oresent onsite during
construction to minimize construction impacts and ensure that N![o nes~ sRewEl 'ee~ removed or
disturbed until all young have fledged.
3. Prior to issuance of any land development permit, including clearing and grubbing or grading
permits, temporary orange biological fencing shall be installed around the one mature Coast Live
Oak located adjacent to Telegraph Creek. The applicant shall retain a City-approved biologist to
delineate the drip line of the Coast Live Oak and monitor the installation of the t=porary fencing.
This fencing shall be shown on both grading and landscape plans, and installation and
maintenance of the fencing shall be verified by the City's Mitigation Monitor.
4. Prior to issuance of any land development, including clearing and grubbing or grading permits,
the applicant shall prepare and submit a landscape plan to the City for review and approval. All
proposed landscaping shall avoid the use of non-native invasive species including, but not limited
to, the species listed in Appendix N of the MSCP Subarea Plan.
5. Prior to issuance of any land development, including clearing and grubbing or grading permits,
the applicant shall secure O. 15-acre of Non-Native Grassland (Tier ill habitat) in a City- approved
location or mitigation bank within the Citv's Preserve for impacts to OJ acre of Non-Native
Grassland. In the event mitigation credits are secured in a City-approved location or mitigation
bank outside of the Preserve, the applicant shall secure 0.3-acre of Non-Native Grassland habitat
act a I : 1 r;Hi e.. Verification that mitigation credits have been obtained shall be provided to the City
prior to approval of any land development permits. Should mitigation credits be secured in a
City-approved location outside of a mitigation bank. the applicant shall orepare a Management
and Monitoring Plan (MMP) to be submitted to the City for review and approval. The applicant
shall also be responsible for maintaining the biological integrity of the Non-Native Grassland
habitat in oeroetuitv and shall abide bv all management and monitoring measures identified in the
MMP until such time as an aoprooriate management entity has been identified and approved bv
the City.
6. Prior to issuance of any land development permits, including clearing and grubbing or grading
permits, the project shall implement Best Management Practices (BMPs) identified in the Storm
Water Pollution Prevention Plan. BMPs shall be noted on grading plans and impl=ented during
clearing and site development to the satisfaction of the City Engineer.
3 - 32
7. Prior to issuance of any land development permits, including clearing and grubbing or grading
permits, the project will be required to obtain a HLIT Permit pursuant to Section 17.35 of the
Chula Vista Municipal Code for impacts to Non-Native Grasslands.
8. Prior tc issuance of any land development permit, including clearing and grubbing or grading permits,
temporary orange biological fencing shalJ be installed around the wetland resources on the project site
that will not be impacted by the proposed project In addition, the applicant must retain a qualified
City-approved biologist to monitor the installation aod on-going maintenance of this temporary fencing
adjacent to the wetland resources. This fencing shall be shown on both grading aod landscape plans,
aod installation and maintenance of the fencing shall be verified ~)' the City's Mitigation Monitor.
9. Prior to issuance of anv land development permit including clearing and grubbing or grading permits.
the applicant shall designate the area of wetland resources onsite as an open space parcel to ensure no
future develomnent is permitted within this area.
] O. Prior to issuance of anv land development permit. including clearing and grubbing or grading permits.
the applicant shall prepare a Management aod Monitoring Plan (MMP) to be submitted to the City for
review and approval. The aoolicaot shall also be responsible for maintaining the biological integrity of
the required open space area in perpetuity and shall abide bv all management and monitoring measures
identified in the MMP until such time as ao appropriate management entity has been identified aod
approved bv the City. Prior to issuance of aov land development Permit including clearing aod
grubbing or grading permits. the applicant shall provide evidence tc the City that a City-approved
biologist has been retained to monitor aod manage the open space parcel will ao appropriate
management has been identified.
Geology and Soils
9, 11 . Prior to the issuance of construction permits, the applicant shall provide evidence
to the City Engineer and the City Environmental Review Coordinator that all the
recommendations in the Preliminary Geological Reconnaissance Report, dated July 7, 2006 have
been satisfied.
Hazards and Hazardous Materials
-!4.-l2. In the event anyon-site or offsite conditions change, specifically related to the
LUST/monitoring well site adjacent to the north, additional assessment may be necessary by a
qualified environmental professional to assess those areas of concern and potential impacts to the
project site. This may include the preparation and submittal of a written analysis, identifying the
areas of concern with appropriate measures, to the Environmental Review Coordinator and San
Diego Regional Water Quality Control Board (RWQCB) for review.
Hvdrology and Water Ouality
-*+1]. Due to the location of the project next to a waterway and potential for substantial impacts
to water quality, the applicant/developer shall be required to implement post-construction Best
Management Practices (BMFs) to the Maximum Extent Practicable, including the use of high
pollutant removal efficiency treatment BMFs to the satisfaction of the City Engineer.
-bh14. Prior to the issuance of a grading permit, a final drainage study shall be required in
conjunction with the preparation of final grading plans. The City Engineer . shall verify that the
fmal 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. If one or more of the approved post-construction BMFs is non-
structural, then a post-construction BMF 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.
3 - 33
+;"15. Prior to issuance of a grading permit, including clearing and grubbing activities,
temporary desilting and erosion control devices shall be installed. Protective devices, as
determined by the City Engineer, will be provided at every storm drain inlet to prevent sediment
from entering the storm drain system or entering the Telegraph Creek Channel. These measures
shall be reflected in the grading and improv=ent plans to the satisfaction of the City Engineer
and Environmental Review Coordinator.
Noise
#16. A 5-foot high noise sound barrier wall shall be .lled around the perimeter of the
patiolbalconies adjacent to Third A venue. The height of the sound barriers is based upon the
finished pad elevation of the patiolbalcony and must be solid in construction with no holes or
gaps. To preserve a view, glass or plexiglass with a minimum density of 3.5 lbs/foot, may be
substituted for other construction materials. The sound barrier shall be constructed in accordance
with the revised noise study dated May I, 2006, and with the development and grading plans to
the satisfaction of the City Engineer and Environmental Review Coordinator.
+3-,17. Pursuant to Section 17.24.050(J) of the Chula Vista Municipal Code, project-related
grading or construction activities shall be prohibited between the hours of 10:00 p.m. and 7:00
a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturdays and Sundays.
-J.{;., 18. All construction equipment shall operate and be maintained to minimize noise generation.
Equipment and construction vehicles shall be kept in good repair and fitted with "manufacturer-
recommended" mufflers.
-1+.19. The construction equipment storage area shall be located in an area of the project site
furthest away from the adjacent medical center and adjacent residential properties. This area
shall be indicated on the development and grading plans to the satisfaction of the City Engineer
and Environmental Review Coordinator.
4-&20. Prior to approval of building permits, the applicant shall submit a subsequent noise study
to the satisfaction of the Environmental Review Coordinator demonstrating that the final roof-
mounted HV AC and other roof mounted equipment complies with the City's noise control
ordinance at the property boundaries of 45 dBA Leq (one hour) during nighttime hours and 55
dBA Leq (one hour) during daytime hours or ambient noise levels, whichever is greater.
.J.9-,21. All rooftop pumps, fans, and air conditionerslbeating units on the project buildings shall
include appropriate noise abatement and be screened by a minimum three-foot high rooftop
parapet that blocks the line-of-site view from the backyards of the nearby residential properties to
the exposed roof and mechanical ventilation systems.
~22.
Truck deliveries shall be restricted between the hours of7:00 a.m. and 10:00 p.m.
;;+'23. All diesel delivery trucks shall turn off their engines during unloading/unloading
activities at the designated commercial parking areas whenever possible. In the event a delivery
truck is not able to immediately enter the designated commercial parking areas, the diesel truck
idling shall be restricted to a five-minute limitation in accordance with State law. No truck
loitering shall be allowed on the parking lots or surrounding project area
3 - 34
G. Agreement to Tmnlement Mitilmtion Measures
By signing the line( s) provided below, the Applicant and Operator stipulate that they bave each read, understood
and bave their respective company's authority to and do agree to the mitigation measures contained within
Mitigated Negative DecIaration IS-D6-D08, 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
Decl2Iation with the County Clerk shall indicate the Applicant's and Operator's desire that the Project be held in
abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact
Report. ,
C5:2 /C.~
Signatur~pplicant
(or authorized representative)
N/A
Printed Name and Title of Operator
(if different from Applicant)
N/A
1/1' 2) rcc.-Ti2/'
~7/c s ~1s4" -r-/'/I 'e...s
Signature of Operator
(if different from Applicant)
3 - 35
loj/9/or.
Date' '
/b,!t"ih~
Date' /
Date
Date
H. Consultation
I. Individuals and Or2anizations
City of Chula Vista:
Steve Power, Planning and Building Department
Luis Hernandez, Planning and Building Department
Frank Alvarez, Community Development
Steve Power, Planning and Building Department
Garry Williams, Planning and Building Department
Silvester'Evetovich, Engineering Division
Jim Newton, Engineering Division
Frank Rivera, Engineering Division
David Kaplan, Engineering Division
Ben Herrera, Engineering Division
Sohaib Al-Agha, Engineering Division
Hasib Baha, Engineering Division
Khosro Aminpour, Engineering Division
Rima Thomas, Engineering Division
Michael Maston, Engineering Division
Gary Edmunds, Fire Department
Justin Gipson, Fire Department
Lynn France, Conservation and Environmental Services Department
Others:
Dee Peralta, Chula Vista Elementary School District
Sweetwater Authority
2. Documents
City of Chula Vista General Plan Update, 2005.
Final Environmental Impact Report, City of Chula Vista General Plan Update, ElR No. 05-0 I,
December 2005.
City of Chula Vista MSCP Subarea Plan, February 2003.
Traffic Impact Analysis for Creekside Vistas, Chula Vista, CA and dated May 22, 2006 (REF
Consulting) .
Noise Impact Analysis for Creekside Vistas, Chula Vista, CA and dated May I, 2006 (Kimley-
Horn and Associates, Inc.).
3 - 36
Biological Resources Report (General Biological Survey and Jurisdictional Wetland Delineation)
for the Proposed Creekside VIStas, Chula Vista, CA and dated July 13, 2006 (Merkel &
Associates, Inc.).
Phase I Environmental Site Assessment for 912, 930 and 942 Third Avenue, Proposed Creekside
VIStas Project, Chula Vista, San Diego County, CA and dated July 7, 2005 (Leighton and
Associates, Inc.).
Phase II Environmental Site Assessment for 912,930 and 942 Third Avneue, Chula Vista, San
Diego County, CA and dated August 12, 2005 (Leighton and Associates, Inc.).
Air Quality Impact Analysis for the Proposed Creekside Vistas, Chula Vista, CA and dated
August 25,2006 (Hans Giroux, Inc.).
Preliminary Geological Reconnaisance for the Proposed Residential Development, Third Avenue,
Chula Vista, CA and dated July 7, 2005 (Leighton and Associates, Inc.).
Preliminary Drainage Report for the Proposed Creekside Vistas Project, Chula Vista, CA and
dated February 2006 (Project Design Consultants).
Cultural Resource Survey for the Proposed Creekside Vistas Project near L Street and Third
Avenue, Chula Vista, CA and dated January 13, 2006 (ASM Affiliates).
Water Quality Technical Study for the Proposed Creekside VIStas Project, Chula Vista, CA and
dated August 2006 (Project Designs Consultants).
3. Initial Study
This environmental determination is based on the attached Initial Study, and any co=ents
received in response 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.
Date: /0) I~L
/'
J:\Planning\M.ARlA. \Initial StIldy\Creekside VistaslJS-06-008DraftMND.doc
3 - 37
San Dieao
Country
Golf Course
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
:"'OCATOR PROJECT Creekside Vistas, LLC. C/o PROJECT DESCRlP1l0N:
C) APPU~ Douglas Wilson Companies. DESIGN REVIEW
PROJECT 914-942 Third Av. Proposal is for 167 multi-family residential units and 4,000 sq. fl.
ADDRESS: of ground floor retail commercial.
SCALE: FILE NUMBER:
NORTH No Scale 18-06-OC 3 - 38 16, PCZ-ll6-<l4, DRC-ll~, PCC-ll6-ll26
1.'...I."n...."....\~~~I~~\I~__.._~~\IC'nC:n"p _~r nA ?t::. I'll::
"
/
;
;
.
,
i
~
'i
,....,." I
"'i--l
/i'
\
\ .
\ Y
\/\
j
""'-~
.:.,' ,:
......'~~
.'
" ~,,;
),>:::2>
,", '\.'
,<-:::;;.~..;:,..".\,..
:::;~;_:::
~~
,_ i;-:..
",:,\~
" -:;::.;/j'
,~."/'
:'>YK~> i v
~' ';';.'X../ I '
. ,':: ;,"\f,?<> !
''''',"-;:i ,j ,"~:t4';;~;2i;j /
"",,t;. r,.
~,,'''''':'':t,: -",
", .~~f{:>
"',:~:'"')k ,<.,/,"
''':.'_ /.' ~ t::::::~--~
'~~~~'-~'" , :' --.....
.~.~ '-'....:..:,
....:::"'~~.:--~-
"i!.{jj;!!{~'!!i!!{!iJ;i!. .
,.~. !i
.,,~~(
..,
~l
Ii
,
-J
i
I
I
I ,
~1J'
, ~
~...
,.
ii-I /'
..1'<._. i/ '\
";?-/ ,
",' "
II.,' ""..
j ~'\~\ '"
-, ,,\:, ./)-.
';\'~\ ,,';:'
~,\ '" "'....~...
., ".'~ ,/,-""t~
/' ~
,.y .f.' .' ~
v;;//"">.,
,,"
., ,,.
~ .
"l"
;""--
/~/~
i/
~/
!
'"
""....
"'\.....
. \~...
, \...~.
, \,~~..
, \:..-~
.\......
..\......
~ /":\~';)
-".,,' ~-
.
,--,.J'
~~-,,'
\
.~~
~il
3 - 39
~ATI!; 0. r.:.ll imAm.
"nonl" Arhw.,-.-..._ qa~'rt:Jor
NAnVIl AMERICAN HllmTAGE COIIIMSSION
I1Cl CAPO'Ot. MAlt.. JM)O"'"
1AC1IAMIIffO. t:A .114
(t1~*,:I...-a
1..a:4t1I,wr.iAtO
w.bsnawww.llilllC.CLfCW
:~
V
j'-
~~~~
S'J>I>>MIl""3~ I .i\1;". ~ I'
M.. Mor" "uou. AiiOCiale Plune, ~ ~ ""r.;: - 1 . - I ;'
i;~F:':-:::':~'" ~~~ '<,ji I
Choul. ViN, CA 91910 ~;:})::ii
Re: SCH.200fl09101 e~ CEaA NotloB Df CDn'lDleODn MllkIettld NMlaUV8 Oedsl1dlnn: U~~iI 'W'(llotlmenl
AceR. Cifliltk,ldtli Villa Proj&ct: San oteaa CounlY. Callfomla
o*.r~. Mu.tl~
Thank you lOr Ihe OllportuPily to womenl l)1li.... .abbVtHe"renced dooumenl. Th. Cutamla
Envlrorameratal au..ljty Act (CEQA) ",qun. IMI ant PMJed: ibM caUl.. . lub.funtialtldv&t1i8 dUltloe in Ihe
&lgnlllC8l\Da of an hlalD,leal resource, dull indud.. .rchlOlogkiallll'OUn:;a.t, I. ii "lgnMjc.nt.rr.cr rvqulring ihe
preJNIraUon of an Enviommentallmpilct R.epor1 (EIR pet CEOA guldeiWI81 Ii 15064.5(bUC). In older to mmptr W11h:
lhlll. provillon, 1hlll1611d agency Ii raqulred 10 ...... whethor th. PII'J)Id wiD h8",..n .d\'aJaelmp.d.on theN
I9OUfCO. wiUMo the arel of pIQjId Iffe<;t (APEl,.nd if *0, to ~81. 1tIi1..hot, To udeqQtely a....... ...... pto)$(:l-.
Ailed l~tI. on I'li6totbl ""OUI'(::i!I&, lb. CommllliDn I1IOOrnrMnda #Ie fulloWlnG.KIIon-:
Conlla: the Ippmprlltu Culilomla HkltaJla ~esour(;l8i1ln1otm"lion C."tet (CHRIS). Thv recQfd &l!llIIIrch will
$t$rmine:
If a part or the Intb.. APE) haI been pmloulty surveyed for wllural raaoorces.
jJ any kl10wn OURU'fil nnoUl1JM faavt 'In!IJlIdy bedn f'6CMfId In. or .dJlant to.,.. APE.
.i lIthl pmblbllll.y II IaN, madara.., or high thllt culluntt fUlO1Ircee. 8t8 Iocalad fl fha APE:.
1 . tf.. llIum~ III ~uired to ~h,k1l111jpo~1tf PMViaLlItt" ufWlcord.d cutfunll rfi(lU~' .... p....enl
1/ If an .atchaeDklglcalll1V8nlory .UnlDY I. I1Iquln;d, the 1inI1llla1iJ8 1$ 11111 pI1Ip8l'lltMm -of a profJ:5v.oo81 n:lpOJt dalallng
lhlll IVldlngB and tec.ommendatkJnt of 'N 1VC01'd. .a.aroh and 1Ia&d Jurvey.
ih. Inal repolt containing de ianni, she 8lgnlJlcanal. and mltio'_1On mulurersshO\lld be lubnVltud
immedlilu,1y 10 tie plilnning dlilpurtmenl All it'lfinWuMJon Mgardlng Uteloclltionl, N.lM\!! Ametk:an num..
rsmam, and illli8m:;irllled funen!il'y Obj&ett !Should be In . MJMl1lle Ql;Jnfidllntlsl add_ndum, .."d nol be ""de
ovallable fur publcd..Qosure,
Th. ms..riden ..port ahould be aubmllltd Wlhln.3 monlhl ..ft.Dr W\1rk baa bS(fd oompMlod It!' Iho appro pOliO
reglon.1 arch..ologlall. tnl'anna~f1 Canlu.
oJ Coowct all. Native A......rk:.lln H.rilllgiI COMmiUlon tNAHCl lor:
.. A Sacred lanai FI.. (stF) .eudl of the projecC a~. "nd Il\fM'n:ItIon on 1I1b111 oonfadl in the projec:t
Wcfnity v.t1o may h.vo Iddlllon.1 cullurel retQUI'ce. lnfonnallorL. Pi..lepruvkl."~ 6fice WIh thelolbulng
dlillllon fonnallO ._t wiIh tne Sacred Lands File sesrch reql,leet uSGS 1 s..rnhJte buadIBnllht citstiDn
wllh nam8 town.hlD J:llnae and .ection. .
. The NAHC .advlaell the \lla of Nac;"e AmlhiosJ\ MtJulklra to ..filUM proper iderrtitita'liM and care QNlitft cu.tWnlI
resource. UUII",,~ b. dillCtlWl1id. The NAHC ~DOmmentll thlit tJDr1b)ct be mid. wIh N.1lw Amerbu'l
ContaGIa on the aUlHihcd lit 10 114iJ1 tlelr tnpl.ll an potMWlII proJed Impaal, piiutlr;ul$ftJ' Ih8 ClOIIlacIs ot the on Ih.
llal
w
I
~
C
Response A
State of California - Native American Heritage Commission
(Response Letter dated September 13,2006)
A-I The letter states that Sections 15064.5 (b)(c) of the California Environmental
Quality Act (CEQA) Guidelines require that any project that would cause a
substantial adverse change to a historic resource (including archaeological
resources) is a significant impact and would necessitate the preparation of an
environmental impact report (EIR). This section of the Guidelines defines a
significant change in a historical resource as one that demolishes or materially
alters the physical characteristics of a resource that conveys the historic
significance of that resource. Specifically, ~15064.5(b)(l) identifies a significant
effect on the environment if there is a substantial adverse change in the significance
of a historical resource. A substantial adverse change in a historic resource is
defined in CEQA as follows:
Substantial adverse change in the significance of a historical resource
means physical demolition destruction, relocation, or alteration of the
resource or its immediate surroundings such that the significance of a
historic resource would be materially impaired
I)
The adoption of the Mitigated Negative Declaration for the Creekside Vistas will
not result in any physical changes that substantially create or adversely affect
archaeological resources. As disclosed in the Mitigated Negative Declaration/Initial
Study Checklist, a Cultural Resource Study was prepared and no potentially
significant historic or prehistoric archaeological resources or specific resources,
were identified. Therefore, in accordance with the California Environmental
Quality Act (CEQA) it was determined that no mitigation measures were required.
2
~ lack (if "uttace avidflnca at ai'Cheoklglcsl n1IOUltiel doe.s not p~ludt:llh8lr aub.ul1aca C1)lj$ten~.
lluld Igendlll Ihoold Include In lh.ir mltlgll'Uon pie... Pf'OviIiont. Ikl, theld8J1tibtioo and I(ItwatlM-of
aa.:ld.wally d~..d al'Cheoll)Qul resoorclIA.1l6r C.lfomIa EnvironD'l8nlal aWdlIy Ad (CECA) S1 ~D64.5 (0.
Wl 8""1.. of i1denufted .rcl1..ologblsensIUvAy, a .certified archuliIOIOQi&t and a cultunlt>( affilbd,od NaiM
Amerloiln. wllh kncrwl8aflO In c;uhunll Rlao~", .hl)l,.lld n1CJI'IIIOl'.I. {lwund--dltlurblng IiIctfvIU....
Ltl1ld .lIiMjOe .ltgykJ irlQludt in IIltIt mltl~don plan provbianl for '11.1 di,potIliOn of nu;overad Ml1ifllcla. In
Gort-Sunallon with oC;unur.ltj atoll.lad. NaUv. AmerilJ.ens"
oJ I.~ ll94lnl>lIelIhQuld lDoIude PIVVI,kJl'l. fot dkC0V8ry of Nal/lo'e Amerloan tJurn~m ..mains 0' unmarked camektrie.I
1rIlhiGir mJiglllltll'Jn pIan_. n.. Specilo P'-n also trlg.gera SB 18 OQftI'-lltation "'~nmJentt: (1l1li"",, lIo,t (1" GlInlBcta).
. CEOAGlrideIines. SeoIIon 1&06USldl r&q1l~.lM ...ad.ageltGylDwoJkwilh__" NallWeAmerican.idDnUflcd
by Ihll. CCMml..ioll illtWIt Inllilllt 6tudy ldenlll\u U. p,...fKilt orlll.~ ptMeilce or N..w. American "urn."
ICm_ln_ wIthin \he APE. CECA GuJdllllfllOl proWie b" .yrvBl'lWlnts with N.we AmII1IrlcBn, ldfJr'ltie.d by \h&
NAHc. ID PjI'lIUrv the appraprlato and dlun~fiod nlllment Df N"ijv_ American hum80 ~main. "nd any aliloclBI&d
gra",.IIIM.
" He.plUl and Sllfilly C~ i7(]50.5. PLJblla. RcaouJCes Code 515091.98 and Sec. !t1l1OlH.6 (d) 01"0' CEOA
Ol,l\delln.. mnd<lllta ptCiOlldUra. to be followed In Ute eyen! 0'1 an ii1tidd8nt.111 dlscoyery olany hul1\8l\ tflM;a1&'rl. in a
lOcation olhtr than. dedk:BllId cematel'Y'.
~ Ulltd IIlHlndallloould oon~8r IiIIvOlidanC8 ItS d.1ln8d In 1115!70 olthe CECA GuldllJlnB5 when BJonfficanl cultulIIl
Ml&OUI'Ca-a are dlsco1l8rfld dLlr1na the llouraepr Drol~ alennlng.
P'..SIlI'hIeJ {roem contad meat (916) 8~-e2-e1 ifyau h...,. any questkm..
,:,;srrely. ". .iY . /, I
\~,v-(I fit
Dave SinfJlelo~ ~l V0
prog.-.m Ana~1 I
I Cc; S..,_ Cleadngoouse
AtlJwhmenl: Ust ofNaliv. .Aroerioan ClUlbiQI6:
""
I
~
...
Response A Continued
A-2
This comment notes that surface evidence (or lack thereof) of archaeological
resources does not preClude their subsurface existence, and mitigation for
archaeological resources must be required. The certified EIR for the adopted City
of Chula Vista General Plan Update (EIR-05-0 I) found that the General Plan
would not affect any formal cemeteries or known burials outside of formal
cemeteries. EIR-05-01 also found that when currently vacant areas are developed,
there is the potential that presently unknown human remains may exist that would
be disturbed through development. Policy LUT 10.6 of the GPU requires that an
assessment and mitigation of impacts resulting from private development and
public projects be completed in accordance with CEQA. The CEQA Guidelines
Section 15064.5(e) specifically addresses the accidental discovery of human
remains. The Creekside Vistas project is fully consistent with the adopted General
Plan Update. Compliance with policy LUT 10.6 would reduce adverse impacts to
these as yet unknown resources.
I)
r.UJL~JJUlllI."'=W.lldfU:!rl 111...,.al'O...T "'U.I!; ol"nIIlXIJlIiIlAI;:JNf"
A.l!l!:1l.Q.WI,f;oAI'l:lrNfC.'lf1l. i..........
:P ARTM !>NT OF TIlANSI'OIIT A TIOI"
Irl\ll 11 - -4~r} T-n-Il,lr.SI.. M $. ~tt
[li'TJl,(7A. 9.1111.
>>IE:("'UU.:ti~j4
{(.(I1~611I-'l:Z\l(j
~INN\t'ld
Ira' '" ".' DO lUJ
~~^UilO>31 (gj
11-8lJ.U05
rM Ii..RI
O\llobn- 2.2006
M!l. Mario MUCltt
CUy or Chol. Vi...
116 Fourth A \'mmc
Chili. Vi,I., CA 91910
RE; . (:Rll:lnMI;: \'iJtai - MNI) (sell lrJO~091U19l
.............ts.MllfU:
W
I
01:0
N
~lirumUl D~r1mel1t ofTJ1(n5po~D1:ioo (QaltnllDs) I.IPPJWIU.t~ ,h~ Op(.lI,.'I'1'Ji1ti1Y tu NVil:w
\lilia"e<! N...liv~ Peel-rill;"" (MND) for Ih. p"'p".od Cr..k,id. Vi.... I"ojrol.
\<jog IhG construclion of a 4,000 !IqUBrO f.oot rolail building,RIld 167 l'C!lidm1jal dwelling
011 ilPproximat-tly 5,S lIC1C$ t=alit of Jnmmatc 5 (1-5) IIlong 'l' Slr~E In Ch~111L VilllL,
mj)O!loo.. tho dC'\o'CJllpmcnt hl1.!l the potauial '0 flrodlJoo an cMimato:l. 2,110 Avemge Daily
s (A01) und may polmli.Uy impact miling;ll[ld future: lil8M trunapbl1u.1ion flLi:iUties in
If.. (..~ (.$. .." ....01010.1 ,... .." o(t:n>mpS). A le.me ;"'''''1 ".dy !TIS) "ay'"
led '''' IlS90lil the pmj~lY5- bnp.w:;t WI ",diu to identity po!lsible mhi.galioll mc~, The-
dl6Uld w. J'l"epan:"ll In ll.('l(!ordllnC'e with the cllil~. Guid.-fi'I'" ,JIll' P'1plfmlion qfTroflil:
ad SJ.uJi6.1 dillled DeCf)m~LV 1002. (TIS. lJUltlt), Min'lnutnoonUmls.of a traffie; imfllillcl
JY me liated in AppendiX" "A'~ of the ns guide. The TIS i!!lhould dClmniM WhCl'R: and
Ulllat t)')'e or lrllpffl'lleintrilj m;Hh_ hI: n~cd to mitipte for- fulure 1ta.ffic ae.k!fi\led by .hi.
-dG'Ydocmt. CaJl:nrn:! liupporl.5 4hlll eaoocpt of "fal, .share" conlribotions: on (be part or
2 e:...-dup"[l. for fmUll:- llJlcootu.....b~ lmprovcrncnl prnj~l.!jt rump impru\'mu:nli11. IlgJ1l1l
in!lhulo.tiGM, :and/or nttuw m.iti<ioo ml!lUUreilL
Clll~l1ln. appt<<.::l..tC$ ~he o)1pi)rtunit)' cu n::...i~ lhili p~tj~~ pro~t If)iQt1 h'ilJf 4ue:Jtiol1'
rcguding. thcl Dcp8llmmt~.!1 oomlntn(s.. please: OOIlUb::1 n~nt MdJonnJd at {619) 6IUf-6BJ 9.
f;/'('~
-;- MARIO H. ORSO. Chief
Dc,,~lup,1IKfI1 Rcvj~ Branch
''C~~ViII'ItJml'h-(Il}'.fiTi.Jj('~I.'.
@
F.ItoI.....l.....,..~..vrl
1H~."lS'l-......f!
Response B
State of California - Department of Transportation (District II)
(Response Letter dated October 2, 2006)
B-1 As stated on Page II of the Mitigated Negative Declaration, the Traffic Analysis
prepared by RBF Consulting, Inc.,. dated May 22, 2006 assessed potential
transportation, traffic and site access impacts associated with the proposed project.
The City of Chula Vista's Guidelines for Traffic Impact Studies contain threshold.
standards to determine the extent of traffic reviews for projects within the City's
jurisdiction. These guidelines include the Congestion. Management Plan (CMP)
threshold standard, which requires an analysis of CMP freeways and arterials for
any projects that generate 2,400 daily, or ~OO peak hour trips. The project is
projected to generate approximately I ,496 av~rage daily trips, which does not meet
the CMP threshold standard and does not warrant a traffic analysis of CMP
freeways and arterials.
B-2 A "Fair Share Contribution" is not applicable, as there are no anticipated traffic
impacts to State facilities and the project does not require interchange improvement
projects, ramp improvements, signal installations, and/or other mitigation
measures.
o
united States Department of the Interior
P/5 HAND WILDUfF. SER VICE
fitPlilJi~IIIS&:n:k~,f
u.rbhDJ JT~1illllfllJ Wildljf.:. Offi~~
(.OW }M.:Itn V..II~,)' I{.oQd
("athOOd. c.llir~lflli.l '.1011
~
In k~pl)' (((<fcrlo:
fWf~HmG.!ilial_l
Mr. S~~"C: Powl!.r
r'!1l1U:'ling iilnd lJulJdinc Dcparlmenl
City of Cbulll Vi~t.a
216 FUllll1h A\'~m.le
MS P-loo
Clnil41 Vi.st.1, CIllif()l'Itht91910
OCT .llOOS
Response C
SubJI}~l: COlluneR', oa 1Il4l Dtaft MILlgll,cd Negiltive DNlarillioll for III.C Crcck.sido Vislll!i
Subd..i"i~ioD. Chul. VistlL, County of SilIn Die{l,o, Ca.lir'lITli31
United States Department of the Interior/Fish and Wildlife Service
(Response Letter dated October 4, 2006)
Dc~r Mr. Puu'er:
me u.s. Fls,ft and Wildlife ~f\'.CC- (Sen.-ice:) lim;. rovic\lIcd Lbe ub(wc rer~rollced MitlgllKC'd
I ~.~,~.Uh'l1' DocJOlr.ufiun (MND) Bnd 5uPPlWlII18 -dllC'UJJlerllaLiclII for Ihlll Cn."l.""biJl! Villt:u.
~..I-,dl...hion. which we recei'alCd (111. Sep~erllbl:t' 6, 1006. Tbl! p,roJccL Silcl ill hX41led itl IJit:: CiL)' of
hi Vi~la (City) llll(nilhwcli,cm Sao meGo Coo.nl)' (CnuDI}')_ 1bc project hi lUclltcd in tht'
'~m purt ,,( Ihe City. io()uthwQt nftbe: l. StN:ct (l~d n~lrd ^~'~nl1e hUetSe(.lion. b,,{wteu L
::t and Mol's SII"I. "11le ptojl:ll:lliile ili IUcllted within Ihc Cil}"~ Multiple Speoies,
Ml't\'ll:lion Pro,g[1lDl (MSCP) SubaroJl Plien houa<brw:t.
C-l Comments noted. This language provides a project description and does not
address the adequacy of the Mitigated Negative Declaration (IS-06-00B).
w
I
""
w
primary .~lim~I'JI Ulld :rlllul1dlllD ot tbr. SC;I",'il:C h, dl': f1rc:rtcdi[Jl1 Qr publil: fi~h olIond wi Idli fll:
URU and their Ilsmlatli. The Ser'll'k.-e ha,lillal to-soponslbiLIty f~)t lhlii: wr.lfili't vf lulgra[Otl
i, anadromoos ll~b. <'.IId endangered IIllllI1ah .und plunts occurring in Itla Unit~d StlLrtc!l_ The
i~'e- ilialw ~JKlMiblc foradminhte:dn.g: the E...dl~Jlge,ed S~i~ A~I (16 U,S-'C, 1j31 ~I
l 'Il\e COmlll(!mll pto\'ided h~n:in ruJClIllbc SCIlI'jcC'H ubJigaLion!i und an:: bliSCJ OR tJIC
iumiO:lI pru'r'ldt:.d in lhoc !'riND and JW.OCIJlIOO docunu!n.s; o(lur prqJ-ccllill!f.~ UlC Sm'IL-'l:'.s
~Icdw:: uf lien,hive tlnd d.clllling v"'GeMllioR cUJnmunide5 in ,ht Counl)'; ~lJtd uur
c:lp.11l01\ 1I~ region,,1 (;on!iCI'V:atlun plannhl,g: dTofU,
Tbo proJcCliik' is "",5 '!cre. II. ,I:ze 'IIiW eoru,;i!illi ur {our lKIjuining pun.:'tla. Tb& propo!iCd pmj\X;1
";OOj;i~Ui (Jf 1':{lllJolrucllun uf iil mlllro-u!ic d(:vdapnM!nt Ihnf: i1Jclud~li I tJ.7 nwLtJ-f.llmlly rc~ldcmhll
.1 unllH_ The !lile ls within the Rtldcvelopnlih11 Projc(;[ ARIa o(lbe CI~)'. ThI;)SI1c!: w,,:Ii PRl"iuu:d)'
,il;'voh).f'C'd bu. bi\5 oo,",n \'.GUnt fur millny yc:ano. A ndural dral:nlt,ge chllnnel frcl~Br,apb C:an)'OU
Ct{'.tk) ruOll Idong tile \..ut(:rn ptrimck:r of lhe project: :t.,jle. OIHliCc: -..'C"gct.ati-on ':'Killtl prilulItll)'
aloo.8 the druLn~.E"l C"lu"anel. nit propoii~d op~Ci lipilOO 1lre-a1iC:5 oohiiJ~ uf u.n ll:tiaing Ulhsitl::
J100Jphlln JIM ,,'cLliUld area. TIll! pn,)Jecr ,lie ,"ppons 4,6 .;lcre~ of dhmrbed h'l[ldi, 0,3 .jI1.~1~ 4)f
[Ioll-nIUI\.oilI8/IU.,land (NNGI. O.3111,"TIl of eucalypluli woodJand. o.tH, IlICre Dr :wuliu=m willow
141mb. "iIfld OJ. Hem of di!illUbcd wpf.ljlnd. One ';()fjd4 U"'O "lIk U1!i resides on.silf". No Hflsitl\'C!
phml or .mlmallll1t.-ciif:& 'Were tlclettnl durlnJ: on-:dk :!iun.c.}':i. All 5ummndJng laod 15 cum=ntly
cl<<n'c:j()p<<I wilh rGliidcnlial 01" l;:olJlmco.:iaJ l.1ses.
,
'I
The pruj>Llii.,d project ......i11 directly impllcl illllplAnd hahilm O'Hj~c:, In order to p.v{Jh1 i111P""~i 10
Tclcsr.oph CWI}'On CrM:k (Creek),lhe pnJJM'sOO plUj~ iI d~!iig:llet.llfJ Wlllln d.~ Creek: llnd.un
ll:,\;SO(':iIUcd we1lund n."30urcCS: J,urmundillS: h. Impa~b..o UNa ar~ i.""OIL~Idc-IOO .t.1.l:lnificilll)llIlld will
W: mitigoted IhmulCl1 the: pIlrcha!4 of ml11g41ioo l,,:n:dil5l1t iI City lIppIOWld U1:idgilLiun oonk. 11'
cl'iH1iti are ))utClullill:t.1 widJn dliC CltY'1i Pf'C!iCC\'~ MlIl1llgcn~nt An::ll (PMA). (]Kl Project AllpllcWll
wiU plloohJl!ir:l o.lj.u.c.ro C'lfNNG (0";: I mHo). r( thl:: IlIiti~l~ion c~{HI' lire })[Il'tIl;I",1.I in it
lIljjie;41Cioo bilnk oUl:lid~ Ihc PMA. die PmjCt1 Applicant wUl m=f1d 10 pua:hlW: 0_3 Jlcre uf NNG
(I: I ralio). T1Ic (:Ollst Ih'~ ouk uce nn~h. will not bl:; rt'Jl~y~(l All e,,(;~l}'p(U:t. wool.lhflld
IllCh!:fi[l.C on-lite wl~~ ~ ",rno'r't'ld during pmjm:t roo!ilru(tlon. To mltl;ate fOTp[]tcnlial impnctli '0
nC!ltillS; ru.ptun; Bod/or mlflultOl)' ~11i&blf\1, frulll lh; r.(;:luo,'~1 o( ;ll~t.I)P'l\b Irecs, lh~ prupv!ltd
['f(Jj~C 1~lovld,;!s,~or hmiu tm COU51rua:lion .ru:::Lh,it)' dlJring the Ilcnl:ral avinn tJrttdjn.c :u:a!i(lR.
Mr. '~'<\'c I'Qw~r (FWS.SOO.j061.1)
,v~ r~ogniz(!: that mltlg;adoll itM}i1liUre:i have: been inoorpormcd intn tho pcojccl to mi.nimizc
iU'lJJ.i\(;l!i 10 5t8!ihi",'e biologiC'-.aI rcsoura!l. HO"'~"'I'.lr. jI,o(1ditiCtlUll aV(lid"n~l,1i ;and minimil~ni(lll
meusure" wiH further It,.lJllure ~h~ PIOJ~C1.S l.Il1piK.15. to Ii&m\!iirivc .hiibiuds ~nd !Species. To u.sist thll'
en)' J n futlhel' iflinimizing ODd mili~.alill~ prqjccl i mpadJi hl hillloBi~.oJ fl!liiMrlTC1O., .:md to cniilU'C:
-2 Lhill tbe: plUjOC~ is .c01l5i!ih~nt with -oQj'Olng l~8i(l11"l Ill.,bim\ c.ortseo'uillon pli.,nujlig dfol1~. we {Ifl\.~T
(]ur mtc)InDlcnda.iOJU .f1r:ld C:UUIJm:n'li in tbe Em::Lo!iure. Our commcnL!i jlM !iummwlzcd &~
lollow.: 1I) P"'ViOOl1roDSclYlLllrm <""'nUlnl 0>'.,1111: open s~~\'e (>lHi,e, (1) revj,e Ihe
mitigation RU:1li1Jn;! wncemil'lg rap40Ji .imd :rni.gr.tliog !iungbirt.l!:i. 210d r:n rcvjse the mitig-UIiOfl
llle.Ml)l~ f;onc:crnirig the! PUn:ILilliC of NNG cn:diK
Thulk )'OU for tbe opporlllnily Iv ~omme.nt on this. MND and S!'i~OCiatM docunlcntatinll, If ~'('ju
hil\'" ilmYlJuc:5IioR!l rc.QlUdDIl!lU1i!i. Je:Uer. p]eMe colnoc~ ^mb~ Ilimes ill the St.11\'i...-.e i.lL 4'760) 431-
9440 ..I 208.
W
I
""
""
l;~
fi.,t 11,eltse O'Rourke
.- ^nisUmt 1~Lc.ld Supc-f\'isor
u.s. Fil'h j",~d'lI,rudHrc -Scr\'ioc
r.\II'(;
DIlyi,,{ MII)'i:r. CtlalflJmilJ l):~pIlRl..It(ll ~If fols11 ltricl GUill!
z
Response C Continued
C- 2 As recommended by the United States Fish and Wildlife (USFWS), to further
minimize project impacts to sensitive hiolngical resource nnd ensure that the
project continues with regional habitat couservation planning efforts, the Mitigated
Negative Declaration has been revised to incorporate the USFWS request for a
legal mechanism to ensure the protection of wetland resources onsite and revised
mitigation measures provided by the USFWS. The new and revised mitigatiou
measures are in -response to comments regarding significant biological resource
impacts that were already identified iu the Mitigated Negative Declaration.
Changes include the placement of the wetland resources onsite within an open
space parcel to ensure the area is preserved and managed in perpetuity. In addition,
as requested by the USFWS, revisions to existing mitigation measures have also
. been made with minor modifications. No new significant impacts or conditions of
approval are identified or created in accordance with 14 Cal Code Regulations and
California Envirorunental Quality Act (CEQA) Section 15073.5.
!J
"1:l
"
::l
<::
.-
-
<::
o
U
U
"
OJ
<::
o
~
~
~
c..
~
~
C
"Ii
o
w
::
i=
=
,~
<::
~
-.
1::
,;:i
'"
;~ :z:
r=S:
i:""';5
~>-
~Q
,. =
,..~
~;"j
~~
"'..
~~
~>
D=:
--
~::;;
=~
;'::;liI:
:;r.t;;;
~;:t;.
~t,j
~
..;
g
g
i1
'"
f
~
"
~
~
"
.j;
...
~
'"
;2
"<
-
~
'"
~
~
"
."
c"'"
..@ a
e "
d 0 l7i
t3..;:: J::
~ a:l.9
o 1: 0;
It) :il u
.~ a ~
~U'~
" "0 "
z" ::
-0]8
o 0'-
0; S S
.~ E.s
._ 0.-
::E il i1;
...
0;
.5
r-..
"
E5
"'
" 11
.fl ~
"-,,,
0; <.>
813
~~
u 00
.5 gp
.8 "'
]
-0
"
o
"
"'
c~
" "' "'
S .- "
8 ~ ~
o ... "'
U :: gs
II S
..o..cc
" "' "
..... a:l i5:
g-'"
~'"
"' '" "
",oS
,,0 "
8",0 OJ)
a 9 ~
o en "
U c.::E
("1
,
u
,
~ B ~ - ~
1: ;. :l:::: ";:; 5 - ~ -En
""'!:I,&:...-:::'1.I'~::=~-! -:jo=;
"; ~ -8 ft _0 2 ,..:I ~ -5 ~ ] !
:::. :i!..c ~-,: _~ E =-= "";2 ~c .~...c .;
> - C .. . - .. -~~.'
;;o.j5.;;!c~5.c;;~:!!~"'E?
.~ e.;.~ ~:r.s: 2.~i;:S a-;=:
::.O;!; ~ ~ S:.= !:ll E .~ ~ -= a ~
~i..:::...~e;:; -~gc..~
:-i ~ !:l '~.1 !. ~~ r,; :;;
'S's:{ ""3...:. c:U'::; ~!!! '" ;!...:e:
S. :;;! ~ ~.- =t. -i :. :!. r:l; '9 '=: '!:..
..._.-....l:..o.=:; _-uP
3l'= ~ tt.;:.-= _ ....!.~:.O,. ;:::
.0:::: tl:I:!! :S ~ .i:!: "::I ~ Y - :=I JS:
.= if; 1;: -::l ~ 'i -; ~ ': e 1 ~
-.5 -;:; Ui = ~ ,; l!; j ~ .5 oJ-::
-:--..e .... $!":" ...- - lI: ~ :: p. :-
'$ _ _~;; 1:;.:::: ~ i ~ li *' e :::
"'" c '-' oU u a E :; S"'-= - t;I .:;.
t: "!j S"'::..o t ~ .!:! - -= ~.~ -;:
~ ~ Q ~ 1! c.. ~-a ~ fi a > ,~
5! \>Ol':"" ~ ~ ... e ~::.. ~ ... Q l.
~ou '- >,i~<~-::~:i:ll
.; c_~~'S c_~..2 ~ ~ ~;....~
=l!'1c:......2a-l!II..,=;!.~2'C.
-= ~ p..a e""ij e ~ T ~ So ~ 0
?~~~&.t.!.~!:!:ec'.:s~
~:;::~C'":;Si~IW~5;
"";I.i:::::I ._"":l _ ~- !: ~...J:: <!lCI
~ ...: ~ Q. -:J =: -:I :..'- --' or. t'I
::;Ic:--E~..!!"':l"'(;~':_::::
..:4 _ :II _:9 .....,.. >.,....:;; c:: n
? ~ ~ = ~ ~. ~ c.;.~ ; ~ =
.... ~ ,"'...: _ c: -;; ... 1:;;.0 . ,-
0l:..fj.;:!~=~:E~~a
~ : ~ J:; .; ;:; ~.~.~ -:;I .; < ::l
_t.l_~:Ct.I;::!tio '1::. _"
o..~'" = ,,-. c: c..... "a .= :::l .!
"';!o :11="'::11; :::"~3-===1;;l-:J
__ ~ 9 l' ~ '" ,..:, .~ ~ lI'l' .~.~
... ~ . ~ ;:.::! ~ j::..Q ~ ~ >. E ==
~ $; "'=' ... 31: e _ __ e :oJ c - e .,.,
.,_;;::!l ~ I!,):u- ..~~.- ~=,,- ~
_c::~::......!!::(;..cgc""'-=:I~
~ 1; ..: ;-!: S "5.M ~ ~ ~ ~ .;
,..,;,i~~.:;::.~::-;...a..;:"3~
:; "i' ~ ~ a ...: ~.;..5 ~ if':;' ~..a
tC'_ ;.> _ :>0 =r c:: ("" ~ e: :...,-... "".:' ""
~ t",=- :a .::.::. ~::.--=..o. Ci 9' c .::
CI-.... oa E o!!I ,=.:: ....:>" tJ_
.,g f ii; .- ~ ~ "'" ~ ~ ~ -= 2: ~ ~
:- ~ ~~ a.~ ~-:':;- ':l :E:"'';
;;;'i";J:.I:!.l~;Ei:;;.;:;:.a~
....:
10
o
,;
~
'e
'"
c
.
~
s ~
a~
l!o
a~
~ ~
.e'i
0""
"'3
15 ~
c ::;
.g ~
~
E It
~
c "
g ~
:5
o~
:iiQ
~ .=
:3 'e
~ 'i
):i
, c
:= E
:.. 8
~
I~
...
-E'~';''''' ~-'l _~ ]
~ ~ ~: :::: E .:; ~ .: ..... :;! ~' ~ '"
;; !S' !% -:'" ~ ~ ...,.-'~ ::;.,..:: ~ Q !:l ..: ~
.'!!/! _:r. ._ '.. _ !I.Il __ ..c. .:: ... -- !:l) -'" -
c;o.. E=~"';;::':'=~"C~=u;:'-Q.
~:; ;rj.i5..:l 1O-:,l; ~ c. '>'! ",,":::';;~""
_...~li=i>:'='f!.c-l:l....l=-:::;I-=
'" .S!!.c "3 :; :=.2 C 5. !:: .~ ,0 ~:~ .9: ',,"
~ E~ 6! C' '.J. :plJ~.2*~,'= ~~!1
"';u2~g!=~'::J~t:l~~8'-:~.';: .
'r. C '.J' ......:::; ~ ~ l;, ... ..::: s,t i::!i-
~~@E~~<:.~~I~~fi~i
_~~~~~oc__~o~,-~:r.~
~c~~~_~_~G~.=~aa:::..g!
_ i:::: .J l.I .,- ~ = ~ ~ :. ~ t,;I ~- :::=: '..I
'E.~:::::a.~;"=:C.=E"'''''-=:h. -a
>;. ?:.s'~SJ;.-i:::~ !Jc.o~.~~~
~=~~~~s=e~g~~~U~a
~ lI'l _/I: c'" .u!;l..... I:l ~ I"'" ;; =- ...
~ .....l-;l..,... E:: _..... ~ '011 .. "'F. c. oU~"" Ii:;fJ
~3.;~~;~!~~~ .~=~.5~
~~O~2uc_cu~~~E~~~E~
.. ?-- '..t ~e(I a- J:;, - c:~ ~
~~_~~~__~_u_6~~cm~3-
~~2~~~'_>~~uc-~v~~
~~~o.~;~=~~=c~Q~O-
~e.~~!~~~~~~'i'!~~
_o~~~__~~z~~ 2~~~
~u:~~~~~2g~7.~~ ~~
=c~.;.;,;;;c;j;= l.I5tc::.z;:...E!!!:=>!).
~ l::"=' 0 QCI ! o!J. .0 e } ': 8 - . 'l'$ ;:i -e
...:a c ioU';=!. ~-= -.C':; '.Jo ~_~'Z1I;,1::::'
.....c~ c =""" ~ ~c..- :::I-o,I,""':w!;i!
~.:;. '_!;..IY"o ..=-=.:-.:-,.-
!: 3. ~ :;g ~ .: ;; ..r;: ~ ~ E .; !!! .,g ~ -; -::
~~~;~~~~~~WW~-~~C
~~_~--e-~-~-~~- -
... "E! i.. _ 11; e U'i ;:; ~.J 1!! ~ ~ f; .... .;jI; .2 ~
g -5 :::] -g ..,;:; ~ ~ ~ ~ r; 2 -....."5 ~ ':Z ~
~u~~~~~~~.-~.5=~~~
;i ..::::: r.iI ,~ Q .';: J;:; ...... ~- ;>- !i: '2: ,:'- - 3 .=
~....~~a~~- ~- -E, ~
"'l;J "'::i -;: '!: ~ ':'l! '::J. ,;;, ~! .;;:.::::. ~ .[oiI .
!:l~~~w~~2~~~~=?~-~
,_~c:.:!!:ti:;;;.:5~ :;;,5.......z:.~:::2~
~~ ~~~~~~e~~~.~!~
~c~~~;~2=E~=~~~%=
= 50 ';:i ';: S >!1',1.::; 0 ~:P ~ 8 'i :~ ~ -;;; g
fA;a-.f;"'i'=~~'E~e,......a:i5~
=~~~~~l'-~'S~~~;~~~
o~=~~~c:-~~~~~~i~
~~~~~s=._~~~~-~~-~
<!~n~~S~p~~8'i$a~2.
_ oJ'J'o;:::T;6-EG.-::::,":::';I,g~.
, _ '-' I.,l':::' ~
3 - 45
""
c
~
.,s
"
'"
~
i
'5
.,
'"
'r,
l!
~
~
~^
~."
.: ~
~-=
00"
.- -=
.~ ~
'c~
~~
~~
If'i~
~ Q
1ii1 --=
~-
~~
-
"
.~ ~.
'" II
-= :g
~ ;:
F.
;!
~
~'=' '" s
~g ~ :2
~._ !:l!:: ~.~
~~~~~...~
~ == ~.g t -g ~
,,_ = " ~.s -
-=~~.:!le:!;i3
.=: ,_ Iii~;:: r:
""'C~EEe&>1S
2..... =_....tl-=
~:==='-::t'.~
~E.!~~.;2
;; ~,~ 4:1.$! ~ Po
'J!l e ~ ,:!i'~ = !;l
_=~t;-=-:c..c
..... AI C ~ .::-
~1 ~- ~'i~
-';":1:-0.1 f'
~TII';.~~,""E
,_ ~.... ""i: 'P =l..s
5g.=~.:!:~!!t:
g ~ ~ !ill ~ ': ~ 'E
-:e.!~':~i3i
i1. 'Ol -.= = tJ 'iii -
i...sEO~-'il
~lif1,-=,,;-!:l~
g.-: ;: ,s: . "i ; C
... Co' ~ ! '=Ill'=: - G..
]~1~ii~~
~ I:J e:I 'U ~ Cj-::::l".
"':I:i~t;~:::~-o.
:C....==~c..u~-
..1!~.g~:E~5g
~~.o~,g'1i-:"
. ~ ow ::tl S -". _ 1Ul-
..: ; ?a :; b .:; ~
~~5.;!G~Ec.
~e:]i"~<'3:
!: "I (5.::::.5 =.,. ~
:1.~~o:"?f==-
........., ~_.:: JOl._~:r:::..
~.~j:!;a~G~
~ 5 ,f"~ 3. = ~ -
;E tJ U % E' --= .t '-'
l:...::I_ ~ ~ >- c..
~
~
3
--06
~
e
Departmenl of Toxic Substances Control
Uf.llila; "'-b.l.
$.a-,.a..q.'....
n:.......lI..JI't::ilIlJUI
"'Dui.6l)il F. GO'ill'n. Oi(~~r '"~ .s..a~ItOO'"
$10e C(l'pOl",jIIU AVl,Im. ~1"""
C,prollllis" CilIlfunia 11~
Oclobar '0, 200ll
I::
;jCl I"
Ma. M.lla Mualt
As..!ol:.iS.te Pislwer
Gily of G/ltJla Vial.
276 fnurLh Avenue
C~ul" VIii<>, CallfornilO 91910
1_,
N!1()A1'iVE DECLARATION (NO) FOR CREEKSIDE VlSTA5 (SCH#2IlDllOlll0'9)
Doo, M$. Muell:
"
Th.. Departm.nt ofTo.ic Sab.ta"".. Coolrol (OTSC) ha. ra""ivad yuur oubmillOO
Nega/i~ Daolafa11on iNtfJ Jorlha ..........mentloned proJ.oI. Th. lallawi"ll proja04
da",riptioo i. >talad .. l"ur dowmtm1: "Th.. 5.5 atn' /l"IliI>Ct $llac 1$ IOCaled al 914.942
Thill'l P....nu". Ghllla Vi./a. Tha propaoal conol.1s '" .. mixod-uoa d..,..lopmant I,,"C
ino;lud.. " 4,000 $Quar. 1001 OM $lor I rolail bUi(lii>j and 16l rnulll.l.amlly mll>l<l<l'lllhil
unita. Tho proposed pmja<1 Imoo'o. polant!'" impill<l>.o ....irunmonl.llr o(;,,*i~'O
".9alaIlOo mal .WI '.qul,.. a Habltallo5$lnclcl<lntal Tok.. (HUT) Parrn~ In aocordanr:a
'"ilh lha CUy 0' 000la Viol. MIllllpla 3"""i.. Con""",atiOtl program (M1>CP J $ubS,a.
Plan. Tho proposed pmjocloita ;, rooatad In too CCP (Cant.al CommarciallP<ociait
Plan) Z<,"I"O and MUR IMI>~d Uoe ~ldanll~11 G_ Plsn 18"" uoe dssIgMunn._"
~
~
BaRed iJn 'he rs'iiwN of 'he &lJbmil1ad dOCUMent, DTSC ha& tOmlTliUnts .ill folioVi';
l' The. NO &hIOlItd Idanllt~... ,Iloo dl3te<<nJr1f~ 1A1hethar current Dr historic US'ElE! in the
Projwtt Qr1Iii l'Jiay have;- '~ulte:d in ~~ r61t)a~ or rl$UidOIJ!I. WaS1l3.ltl8rllbslsnOO9.
2) Th" NO ahootd idsr.1ify "11"1 known or palemlally ronlami.otad .ita. ..ililin ilia
propo,e,j Pfflieol ""'a. For all i11!f1l11iad OIta!1,lIle ND .hauld evslualB "Mthar
c:onditioDl a1 thlJ sits ITIi1Y ptllC it thrGlM' jljohvir'ltlll'll\tlfilth 01 the enlJJlOOManl A
Ph..s I A.....&mant may bs sufficientlo idantily 11\.... ,it".. Follu","", arb {II(;
datatlaSfi!l of Bonu, fjf "Ihe ;Je[pJlal()ry ageoolss:
'*' I'r"'E.<IJ~R~IlIP~pG'
Response D
State of Cali fomi a, Department of Toxic Substances Control
(Response Letter dated October 10, 2006)
D This comment letter was received by the City days after the 3D-day public review
period closed on October 5, 2006; however, it is included in the Response To
Comments.
According to the Mitigated Negative Declaration, in order to assess potential
hazards/hazardous material impacts, Phase VPhase II site assessment reports were
completed by Leighton and Associates, Inc., dated July 7, and August 12, 2005.
Leighton and Associates are professional environmental site assessors and
regislered professional geologists ticensed by Ihe State of California. The onsite
Phase I report revealed one 55-gallon drum (Ihal has since been removed), no
evidence of staining, and no above ground or underground storage tanks.
According to the Pbase I report and Geological Reconnaisance Study prepared by
Leighton and AssoCiates, undocwnented fill was found on site. The undocwnerited
,
fill was determined to be primarily residual concrete foundations and transient
trash. The fill has since been substantially remediated.
A Phase II report was prepared in accordance with standard assessment procedw-es
and identified three nearby off-site Leaking Underground Storage Tanks (LUSJ)
ca.es. The Phase II concluded that these active cases are either currently underway
or closed as regulated by the legional agencies; Connly of San Diego Deparhnent
of Environmental Health Services (DEHS) and the Regional Water Quality Control
Board (RWQCB). One site is still in the remediation process for removal of
petroleum hydrocarbons. Appropriate mitigation measures were included in the
evenl of anyon-site or offsite conditions change specifically related 10 the leaking
Underground Storage-Tank (LUST) casdn the nearby area. This was idenlified as
part of the Mitigation Monitoring and Reporting Program, Section F of the
Mitigated Negative Declaration. No other Mitigation Measures were required since
no other potentially significant impacts were identified in the Phase VII reports.
s.Maria MuclA
3tdber '10, 2006
~2
. Nallonal Prlorll;t$ Li$l (NPl.J: 1\ li$l /'Il<lII'l!lllrtOO by Iha United Stalas
Ernirnnmenial ,f'mlal;lion Agency {UJLEPA),
. Site Mltlga110n ,Pmg,am Property DataCal>B (formerl)' CeISil8!i): A Databa50
prhlllli1l)' u$<<! ~y l/It; r;~II;QtiilDI ~i1menl 01 Trudo Sub!ltancas Coolrul.
. RCI$ouri:ll C\Jrii>tllV~lion arid RCGO'iCI')' 141100111'110n $'/l>~ {RCRIS): A.
databasa of R'CRA facil~jaslha.1 is maintained by UJ;, EPA,
. COmf)161~ilIsl"'(Il:/'Io,rir()nrnel\1"1 .t:lll$l;1(Irl$B Compel'lsation and IJa.bIiily
InlonnalioR 6~"tlllTl (CERCUS): A da'ilb~U' m CcFlClA Slite$ 1II11l il;l
mall'llalfllOO by U.S.EPA.
$.olil;! W,as~ IllIorllWllOA $\I$tefl'\ jSWI$}: A. d'alabsBa proYIdEid Dr Ihe
'CalilQmia I~"ilratlld Wil519 Milnill\l~mlilriIIlOard ~hlCll conai$t$ Qf'!Ioth open
,liB Willi as closed and inaGlive liOiid WlIlSte disposal fadmis;; i1nd lri1risrw
,tallol'l$.
w
I
.1;0.
'I
Lflaking Undarground SloriI\JP Tallks (LUST) J' 5Pilhl, l.eah.$, In~'6s'ig.~lon$
and CJe.afWllB (SUe}: A,lI!ltlJUllle maintalnad by Ragional WaleI' Quality
COlltru1 !3oi1r,d$,
Lotal CounliM alJd Citie.s maintailJ dials for lIazarnou5 5ubslilni;(J$ t:'Juj,liyp
91~B9 800 lea~g' undar~ulld 91,orege !aRb.
!J
+ Tho Unil>cd 5l......!I$ Army ClI<II'S 01 Engiri~~rs, 911 WlIshlfe ~l,)uleYlIn:I.
Los A~, Calij:omia, 110017, {l13} 4~-3001l, mainl~il1l; ~ list 01 ForrOOlf)l
Ueu Defenge Sites (FUDS).
il) njEi ND '9hould idanlif)' Ihe moohanlam to initiii1a <Iollll'required in\'s5ti(jafion
lIrldlOr 1'll~lon lor al'lY $iIIalhat JmIY liB ool'ltamlnstad, and Ihe government
ag8nty 10 pf<wido ilppropri;lItG ni>gUlllIDrY (j'ro-'Slghl. If 1~1lr(lt)U$ matar1alB or
W89t6!lWerB stored lit lhe tiite, lIOarMflll1rnBRlel a._"menl "hould flu
oortducliad to determine II a relea9a has occurred. II 00, furlhsr studies ,,'-Id
b{r (<lltlecJ w110 r;j(tllrlelllO lh!I nllWre al'ld t;lld,;nl ar !he oonlamlnallol'l, and Ihs
poIBrrlial1hraal to public h..roth a.-.d,tor Ihl) un'~ent $MUld be OYIIIU!lte<l. It
mal' be naCOOEaI)' lo dat&lffiine if sDBxpedittld ra&'ponSll' selion j" naquirad 10
roduoe elCi$lil19 or ilQh~nllallhraat$ 10 pul,illa n,;altll or lhe sfTll1rol'lmsrlt II no
immediate [hreal exiat.. t1tB IinaJ romlldr $11iOO/(/ be iIYIPlemenl(!r;) 11'1 compliance
'....nh 8tB1a r~lalionB, polif::ie.9. and ~awlh.
,I!
Ms.. Millria Muoll
(klG4ler 10,. 2006
Page :I
4) AJIBnvimnmBnlBI jm'B6ligalicn&, sBmpling aoolor (cmed;"UOn lor lhe sll~ stoouli;1
~ oonduCI~d aoo4;l1 s Workplan iIIJlIIfll'~Bll and OVOr600n by a ragullitory agan!;)'
.hal hat. jurildie1ion 10 0'0'O"$i'J lWaldous $ub$lllnoo cleanup. Tho IIndingR of
all)' in~'eatilJalicn&, iIlcluding PhB6e I arnlllilWa,.lig;llltlliiS, shOUld 00 surnmarlmo:l
In Ihe dlllJUl1'lent All Bampll"'ll rall.lJila In wbich Imzardoua aubl>~sm:.ea WIlre foolld
$houliJ bi'l, dellrly tlJI'I'IIYt(niZed in ill ~llIe.
$) PfQper IIWa!,Ugalion, sampling lJIId r,amedlal llCthnB. if neaaI>8Bf'/. shculd bB
lllmtlutllllil at Iibo ..hJ P1iOr 10 lh'" ..UIII dll'~ent or ,IIon'l Ct)1".lnIcliOO. and
(>'~luBaan by a regulabJry Bgem;)'.
'6) If .any prapany adjaGOlnlla Ihe projao! sila i6 ~on\llJYliiiated wlltl h~'l:tllrdt)u~
ahemi(l,lJls. and if Iha prapcood proJacllo ......ithin 2,000 feel Jrum a oonlr.JmiAiIlled
IlIe. e)lC~pt '01 B 91!<$ 6111tlon, IMn Ihe propo_ da~'61opmel1il mBY fall....ibM !he
'ilordllr Zone Of" GOOllaminalOO: Properly" AIlProp!I~lo po'Ie(:aU~ SI\(Juk:l be
!a~.ell prior to oonslnJallcnif lha I'mpoaoo pmjaO! is wilhiA a "BordBr Zorm .
Proporty.
W
I
01:0
co
.1 building s.lruc!urS5. Ils'Jltml1 01 OOfICrate-.paved wrface ereSll or oiher6trw:lures
am plaAlIJoo to ba dmnoli6hlld. an in\'a6tigil1io.iJ'l $hoUId ~e conduated ror IhB
presenca ofle.s.d-ba:soo paints or produc~1l" roo~ury. al1ld 8sbellio$ t;llfitllill~
r\\@IIlr1IlI~ (ACMs). 111~llo:l.bll~ PIlIAIs or .prodioots. mereuI)' or ACMB are
Idllnlinud. propar pr<J",,"lions ihoold bo 11l~M (JpMg demollliOll BClIIIIII"R.
Additkmall~, ilie OOlI1lemlnants should be ,emediabed in romplianoo wi!#>
C."n(ornla oo'Jlronmenllll raLlulalioo6;, rJllJldaB. and laW!!.
I)
il) The project cllnBlrucllnn rNrl' req)Jim Boll eXC8'IIslbn and 600 filling in oortBin
al1lM. Appropriate $1lr'iij)litl9 1$ rCQ\illrO<'.l pr10r 10 I,ti!jPO!lo8t or che e>lCs......lad 8011.
If lhe soil is ccnbaminallld. proparly di6po5ll cf il /"iIlher thilm pla~ing it in aoolMt
IDilallon. UII1tI DIBpoRsll~e!l!rlc.llons (lDRa) mall be apfAlil:able In fuSEe rols.
Also. 'If lho ~(;I. propQj;os to i"",orl $1<)1 tQ b;a~tln the araaa axclWlolad, proper
sampling should be rondueilad 10 make sura Chat lhe imwr1lld $oil i$ friie a
oontarnlns.llon.
Il) Human heal1h and tha .,,,,.'irunm8l11 oIsan.itiv" I'(I(Cp~?t$ ShOUld ba prot<<~d
during Ihs oonBtrutllon cr demcliliooacltvilli&s. A sludy oJ Ihs sillt, O'l'llnSBan by
t/!le IlPproprlaU. gi,)\O'fjm~J\l ag,>eiW'I. mlg1lt Iuwe III be oonducJoo to detellTline if
thariJ ora, have b""n. or\\i11 be; any rsll>i1ls". (Jf haUut\J!(J\ils "'lllerlal~ lhall\L1lY
pOBe B risk to human h....lIh <JI' lI1& emironmant
Ms, M..ria Muon
OD!obar to, 2006
Pllfle 4
W}lillle dete/Jl1lned Ih8tbazllr~OI.l~"!.'ll$le~ ~re,or\/llil be. gellereted by1he
,pr<;lpQs(tCl ot.ei'<luons" tlilO wasles must be managild in acoo;d;tJ!'lclJ wilh lha
Califo~flia Hitza~oLls Waala Conlml L1w {Callfoma Heallh and Safari Code,
iDl~i!llon 20, chapter 6.5) fUlt,l:Lt'(t ~11!lUlt()0W$ .....ll",a ContN;ll ftegLi18110F'$
{Calir(;U\fli/) COOIt of Regulations, Til!l& 22, m~'i.ion 4,5). If so, Hm raGility sho~
obtain a UnMad Sllrtae En..;ronmar:\rnl ProlaCllon Agoocv ldantiflcation Numbar
iYl' contAcUl1g, (flOO) 01 B-6042.
'1'1)Carbin hazardoull'wsste "trestment pmoe-sBea may require oolhartmllon fmm the
loaal Cer1llle(l Vai1leCl Piogl1om Agonc:~ (CUPA)~ InlQrl'1iUtion ~1X:>\o'I the
,,,qui,,,m..nl for au'lhorizatIDn CilIA be obIained by OOl1llacliniJI yomr local CUPI<.
Iflt1a proJl>l't piilM Irll::fut,!!t diseli/.ll'\'jfr'l)' m$l~"'''''llr 10 II $Ioitn u.....,;.. o'Jr 5urfaoo
'NDiler. it mIly 00 nllGlll'S3arllo obl.iWJ, an NPDES :permil fromiho o'ieraeeirQ
R9{lioll&! Waler Quatily Canlrol' Boe~ (RWQctl).
Il during OOIIslrucliOllldemoli1iioo in Iha Project _, soilliM/or IJr{)umtW'llter
oonrnmitlaillDn III BuapaG1ed, OO/f\$I/UCIIOn,'OOnlQIIliQllln Ihe I)r~lt $1'IO!)t.:I Cllc#$e 11M
flp(.IIQPrialc M;llIhtil1lll $afatj' pIOOedUfl9S should bo if11Qllemenloo. tf n III
determined Ihllt wntlrmlneted Boil aooior groundw.fj~r ellist, 1he ND aOOt~rd
Identify ho.... anI' f~ife4 111'Ie$lIg~t~}fl MaW remooifillon will 00 (;(AIlI(;(lld. ;1M
1.1\.0 l\PprOllrialjl1;!Ovemroonl aQenC)' jo pro,'ida regulaloryo'lOl'llight.
DTSC pm'lldea guld~nO(! tOt cr~I'lUP OVllr3i!ll'11 thJ'()~h th~ VOlunl;'tryClllaliup Prowam
(VCP~, For additional informaiiDn on the VCP. plaase. viE.it DTSC's \/lab site al
.......'W_dllID.l:S..gov.
....
I
""
'"
)/
1,[ )'tI1l have an)' que &-lions I'IIga~i"'ll thja Il>Iler. plealle comaat Mr_ JDsep KeBla",~kJ.
ProJeCl Mal'lIl!gaf, at {T t 4} ollll!-.l>411or e-mllil fit jlt;:UIO,\;$k,i.:Y;",I$C;er.!i>"go'l-
51ncsrely,
~?/' ~,
VI" //L~,j" ,
~ h~?; ".E;/f'"~r'- -
""c'''":...... .
5f<IiJ Holmes
~nll Chief
Sou1l1em CfilltQmioll Cleanup (IVl:}o<iliIJ..$ Elr,,,,,ch . C.vpr'U5 Office
:;r;:
Seo nell! page
.' I
t r
I\f/J, Mill\ii) Mu.1011
Oc:lobar 10, 2iOOo6
Page- ti
IX; GO'IOOIOI"'$ 0,"00 01 Planning ilnd R(lSOOt~h
Stale CIBBringhOl.l6l:J
P.O. am: :3Q.\l4
SIJiOlMl'iilinlO, CaJiromlr.l 96612.304141
MI. Oi.letllher W. MOlliklll, (:hl/;\I
Planning infJd EtlVironli1l101illl A1ial>'li15 5eGllion
CIEQA Tracking -Ganter
~~! ol TO'.lo $i,Jbs!~l\Ce$ 0:;m1rol
P.O. Bro; 806
5I3CifSmflIYID. California llM1:2-0aae
}Alll~
w
I
VI
<:)
!i
i,
I'
ATTACHMENT "A"
J\.1ITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
CREEKSIDE VISTAS - /S-06-008
This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista
in conjunction with the proposed Creekside Vistas project. 'The proposed project has been
evaluated in an Initial StudylMitigated Negative Declaration prepared in accordance with the
California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (1S-06-008)
The legislation requires public agencies to ensure that adequate mitigation measures are
impl=ented and monitored for Mitigated Negative Declarations.
AB 3180 requires monitoring of potentially significant and/or significant environmental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the following potential impacts(s):
1. Air Quality
2. Biological Resources
3. Geology and Soils
4. Hazards/Hazardous Materials
5. Hydrology and Water Quality
6. Noise
7. Transportation/Traffic
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators
shall be the Environmental 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 Environmental Review Coordinator and
City Engineer. The applicant shall provide evidence in written form confirming compliance with
the mitigation measures specified in Mitigated Negative Declaration 1S-06-008 to the
Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator
and City Engineer will thus provide the ultimate verification that the mitigation measures have
been accomplished.
Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative
Declaration 1S-06-008, which will be implemented as part of the project. In order to determine if
the applicant has impl=ented 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:\Planning\MARIA\Initial Shldy\Crcekside Vistas\IS-06-008MMRPtcxt.doc
3 - 51
E
'"
~
"
';::
.9
'E
o
::;
"
.9
1;;
~
<Xl
o
o
to
<;>
~
'"
'"
u;
:>
"
'tJ
'in
~
"
~
U
....
ell
:c
III
I-
ii~
!''''i,,<\j I'IJ
.~ ~
";::.,,, E
"'q E
~",' Q
~U
lt2'r:;tiil
i~
.'~
~,,;S.
,\~
\~
Ffl,1l
il>~'~
~i.W
~~q"'"
~;f~;:S
'&\<,-c"r'!
g;:[~',~
t:.~ii:tt
~
~..
."
G
;;
Q.
E
Q
U
~~
I~,
~
~~
~e]
Eai<i
~w>!
,~
i~
~~
~~
19
~2Jt
~q~
I
~;~
,'1',<(;;
li)' 1.
~CD~
f~~
~:E~
i~1
,~ )"
-"
o .S!
",1;
c "
el;
-j
1->
~
D.:;;ia
f~;
l,~tfi
i'>4::E
i~
:>11""-<
;~t~
1,1;';/,',\
'.~~
.";-1,'41
.\"~/,i4
,:y'!'l'il;
r~;:t.1
;~.'ii::p;
-"
Q Q
.,,=
Q ..
:5~
G ~
::; G
>
,
~.(t;,;~
!
o
w
..
G
::;
c
.9
1;
~
:!
~
~~~~6:~
""_!!:s;-
fl
\1;;,.""
3 -52
..,-:,.
-
,
Q
..
..
0.
Creekside Vislas (is-08-oo81
w
I
VI
w
1.
The following air quality mitigation requirements shall be
shown on all applicable grading, and building plans as
details, notes, or as otherwise appropriate:
. 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 cons'truclion area twice daily to minimize
fugitive dust.
Stabilize graded aress as quickly as possible to
minimize fugitive dust.
. Pave pennanent roads as quickly as possible to
minimize dust.
. US8 electricity from power poles Instead of temporary
generators during building, it 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 constructlon access point at the end of
each workday If any vehicle travel on unpaved
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 unpaved
surfaces if winds exceed 25 miles per hour.
Mitioalion Monilorino and ReDortino Prooram
Table 1
Plan Check/Sile
Inspection
x
x
ApplicanU City
Engineering
DepartmenUCity
Planning and Building
Department
x
x
II
Page - 2
Creekside Vistas (lS-06-00B)
. Any construction equipment exceeding 100 brake-
horsepower must meet Tier 3 emission limits during
the grading phase of project construction in
accordance with the project's Air Quality Impact
Anal sis daled Au ust 25 2006
Plan Check/Site
Inspection
Table 1
x
x
x
x
ApplicanU City
Engineering
DepartmBnUCity
Planning and Building
Department
Milioation Monitorino and ReDortino Prooram
~
w
I
tn
""
To ensure no indirect Impacts to nsstlna raotors and other
mlaratorv birds occur durino construction lincludina
c1earina and arubblna) construction activities adlacent to
nestlna habitat should occur outside of the raotar and
aaneral avian breedinQ season (Januarv 15 to Auaust
ill :re-avei<l-aRy.<llre_paGltHB oo.lIoD Faplefs-aod/<lF
mlgfideFY-blnh., saRstruGti9fHJlYSt eSGI:1r 9l:1tsh,Je-ef-.the
bFee9IRg seasQA-klF-th&68-6pssiss (JaRl;laJy--t&--tmevgk
Seplembef-JO). If construction must occur during the
breeding season,--the-appJiGaRt---shaU-f&taiR-a-CUy-
approveG-bi9laglEt ta sendu61: a-pre-construction sUrvey~
must be performed bv a Citv-aooroved bloloQist to
determine the oresence or absence of f9F nesting rapWf6
aRalef-ffi~aFY birds within 300-feel of Ihe construct/on
area and nestina raotors 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 for review and approval. If nestlnQ birds and/or
raotors arB detected bv the City-approved bloloaisl. a bio-
monitor must be present onsite durinQ construction to
minimize construction ImDacts arid ensure that N-no nest~
sheuld-heM! removed or disturbed until all young have
fled ad.
Prior to the Issuance of any land development permit
including clearing and grubbing or grading permits, .
temporary orange biological fencing shall be Installed
around the one mature Coast live Oak iocated adjacent
to Telegraph Creek. The applicant shall obtain a City-
approved biologist to delineate the dripllne of the Coast
live Oak and monitor the installation of the temporary
fencing. This fencing shall be shown on both grading and
landscape plans, and Installation and maintenance of the
fencing shall be verified by the City's Mitigation Monitor.
3.
Plan Chock/Site
Inspection
Plan Check/Site
inspection
ApplicanUCity
Engineering
DepartmenUPlannlng
and Building
Department
x
x
x
x
AppllcanUCily
Engineering
DepartmenUPlanning
Bnd Building
Department
Page - 3
"
Creekside Vistas (IS-D6-DDB)
Mitiaation Manitarino and Reaartino Proaram
Table 1
4. Prior to issuance of any land development permit, Plan Check/Site X X X X ApplicanUClty
including clearing and grubbing or grading permits, the Inspection Planning and Building
applicant shall prepare and submit a landscape plan to Department/City
the City for review and approval. All proposed Engineering
landscaping shall avoId the use of non-native invasive Department
species including, but not limited to, the species listed in
ADDend Ix N of the MSCP Subarea Plan.
Q., Prior to the Issuance of any land development, including Plan Check/Site X X X X Applicant/City
clearing and grubbing or grading permits, the applicant Inspection Planning and Building
shall secure O.15.acre of Nan-Native Grassland (Tier III DepartmenUCity
habitat) in a City approved location or mitillation bank Engineering
withIn the Cltv's Preserve for impacts to 0.3 acre of Non- Department
Native Grassland. In the event mitigation credits are
secured In a City-approved location or mitlQation bank
outside the Preserve, the applicant shall secure 0.3-acre
ill Non-NaUve Grassland habitat at a 1 :1 raUe.
Verifi~atlon that mitigation credits have been obtained
shall be provided to the City prior to approval of any land
development permits. Should mitiaation credits be
secured In a Citv-aooroved location outside of a
W mitiaation bank the aoolicant shall oreDare a
, Manaaement and Monltorina Plan lMMPl to be submitted
<.11 to the Cltv for review and 8ooroval. The sODlicant shall
<.11 also be resDonsible for maintainina the bloloaicallnteClritv .
of the Non-Native Grassland habitat In Deroetulty and
shall abide by all manaoement and monitorino measures
identified in the MMP until such time as an BooroDriate
manaoement entity has been identified and aooroved bv
the Clly.
i.
6. Prior to Issuance of any land development, including Plan Check/Site X X X X ApplicanUCity
clearing and grubbing or grading permits, the project shall Inspection Planning and Building
implement Best Management Practices (BMPs) identified DepartmenUCify
In the Stann Water Pollution Prevention Plan. BMPs shall Engineering
be noted on grading plans and Implemented during Department
clearing and site development to the satisfaction of the
Clly Engineer.
7. Prior 10 issuance of any land development, Induding X X .X X ApplicanVClty
clearing and grubbing or grading permits, the project will Planning and Building
be required to obtain a HUT Permit pursuant 10 Section DepartmenUCity
17.35 of the Chula Vista Municipal Code for impacts to Engineering
Non-Native Grasslands. Department
Page - 4
Creekside Vistas IIS-DB-DDB)
Table 1
Mitiqatian Mannarinq and Reoartinll Proqram
8.
Prior to Issuance of any land development permit,
including clearing and grubbing Of grading permits,
temporary orange biological fencing shall be installed
around the wetland resources on the project site that will
not be impacted by the proposed project. In addition, the
applicant must retain a City-approved biologist to monitor
the installation sod on-going maintenance of this
temporary fencing adjacent to the wetland resources.
This fencing shall be shown on both grading and
landscape plans, and Installation and maintenance of the
feneln shall be verified b the ell's Miti aUon Monitor.
j!... Prior to issuance of any land develoDment oermit.
includina clearlon and arubbinQ or medina Dermits. the
aDDlicant shall deslanate the area of weiland resoursces
onsile as an ooen soace oarcelto ensure no future
develo ment is ermitted within this area.
l
Prior to Issuance of any land develooment oermit.
includlna c1earina and arubbina or aradlna cermits the
aoolicant shall DreDare a Manaaement and Manitorlno
Plan IMMP\ 10 be submiUed 10 Ihe Citv for review and
aooroval. The aoolicant shall also be resoonsible for
maintainina the blaloaical intearitv of the reaulred ooen
soace area in oeroetuity and shall abide bv all
manaaement and monitarina measures Identified in the
MMP unlll such time as an aODroonate manaaement
entity has been identified and aooroved by the Cltv. Prior
to issuance af any land develooment permit. Includina
c1earlna and arubbina ar aradina oermits. the aoolicant
shall orovide evidence to the Cltv that a City-aooroved
bloloalst has been retained 10 monitor and manaae the
open soace Darcel until an aoorooriate manaaement has
been Identified.
w
I
fJ1
a.
AOplicanUCfty
Planning end Building
Department/City
Engineering
Department
x x X X Applicant/City
Planning and Building
Department/City
Engineering
De artment
X X X X ApplicanUCily
Planning and Building
DepartmenUClly
Engineering
Department
Page - 5
'i
Creekside Vislas IIS-OB-008l
Table 1
Mitioation Monitorina and Reoortina Proorarn
1'--11.
Prior to issuance of construction permUs, the applicant
shall provide evidence to the City Engineer and the City
Environmental Review Coordinator that all the
recommendations in the Pre/iminary Geological
Reconnaissance Report, dated July 7, 2006 have been
satisfied.
ApplicanUCily
Planning and Building
DepartmenVCity
Engineering
Department
Page - 6
Creekside Vistas (13-06-008)
Mitioation Monitorino and Reportino Prooram
Table 1
-t.J,-15.
Prior to the issuance of a grading permit, including
clearing and grubbing activities, temporary desilting and
erosion control devices shall be installed. Protectives
devices, as determined by the City Engineer, will be
provided at every storm drain inlet to prevent sediment
from entering the storm drain system or entering the
Telegraph Creek Channel. These measures shall be
renected in the grading and improvement plans to the
satisfaction of the City Engineering and Environmental
Review Coordinator.
Plan Check/Site
Inspection
x
x
x
x
ApplicanUCity
Planning and BUilding
DepartmenUCity
Engineering
Department
'14.16. A 5~foot high noise sound barrier wall shall be Installed AppllcanUCily
around the perimeter of the patio/balconies adjacent to Planning and Building
Third Avenue. The height of the sound barriers is based DepartmenUClty
upon the finished pad elevaton of the patio/balcony and Engineering
must be solid in construction with no holes or gaps. To Department
preserve a view, glass or plexiglass with a minimum
density of 3.5 IbsJfoot2 may be substituted for other
construction materials. The sound barrier shall be
constructed in accordance with the revised noise study
W dated May 1, 2006, and on the development and grading
1 plans to the satisfaction of the City Engineer and
l.IT Environmental Review Coordinator.
00 Pursuant to Section 17.24.050(J) of the Chula Visla Plan Check/Site X X X X ApplicanUClly
17. Municipal Code, projecl-related grading or construction Inspection Planning and BUilding
activities shall be prohibited between the hours of 10:00 DepartmenUCity
p.m. and 7:00 a.m. Monday through Friday and between Engineering
10:00 .m. and 8:00 a.m. Saturda 5 and Sunda s. De artment'
~1B. All construction equipment shall operate and be Plan CheckJSite X X X X ApplicanUCity
maintained to minimize noise generation. Equipment and Inspection Planning and Building
construction vehicles shall be kept in good repair and DepartmenUClty
titled with ~manufaclurer-recommended~ muftlers. Engineering
De artment
The construction equipment storage area shall be located Plan Check/Sile X X X X AppllcanUCily
~19. in an area of the project site furthest away from the Inspection Planning and Building
adjacent medical center and adjacent residential DepartmenUCily
properties. This area shall be indlcaled on the Engineering
development and grading plans 10 Ihe satisfaction of the Department
Cit En ineer and Environmental Review Coordinator.
Page - 7
Creekside Vistas (lS-06-00Bl
Milioalion Monilorino and ReDort;na Proaram
Table 1
4lk 20. Prior to approval of building permits, the applicant shall Plan Check/Site X X X X ApplicanUCily
submit a subsequent noise study to the satisfaction of the Inspection Planning and Building
Environmental Review Coordinator demonstrating that Department
the final roof-mounted HVAC and other roof mounted
equipment complies with the City's noise control
ordinance at the property boundaries of 45dBA Leq (one
hour) during nighttime hours and 55 dBA leq (one hour)
during daytime hours or ambient noise levels, whichever
is !:ueater.
4~21. All rooftop pumps, fans, and air conditioners/heating units Plan Check/Site X X X X ApplicanUCity
on the project buildings shall include appropriate noise Inspection Planning and Building
abatement and be screened by a minimum three-toot Department
high rooftop parapet that blocks the line-at-site view trom
the'backyards ot the nearby resIdential propertIes to the
exposed root and mechanical venUlatlon systems.
,22. Truck deliveries shall be restricted between the hours of Pian Check/Silo X X X X ApplicanUCity
W 7:00 a.m. and 10:00 p.m. Inspection Planning and Building
I Deoartment
<.n .23. All diesel delivery trucks shall turn off their engines during Plan Check/Site X X X X ApplicanUCity
I.C loading/unloading activities at the designated commercial Inspection Planning and Building
parking areas whenever possible. In the event, a delivery Department
truck is not able to immediately enter the designated
commercial parking areas; the diesel trudddling shall be
restricted to a five-minute limitation In accordance with
I State law. No truck loitering shall be allowed on the
I parking lots or surrounding project area.
J:\Planniog\MARIA\lnitial Study\Creeksidc Vistas\IS-06-008MMRPtbl.doc
Page - 8
ENVIRONMENTAL CHECKLIST FOR.1\:!
~!f?
-.--
~
~
OTYOF
(HUlA VlSrA
1. Name of Proponent:
Creekside Vistas, LLC
Douglas Wilson Companies
2. Lead Agency Name and Address:
CitY of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91911
3. Addresses and Phone Number of Proponent:
Creekside Vistas, LLC
c/o Douglas Wilson Companies
450 B Street, Suite 1900
San Diego, CA 92101
(619) 641-1141
4. Name of Proposal:
Creekside Vistas
5. Date of Checklist:
August 28, 2006
6. Case No.
IS-06-008
ENVIRONMENTAL ANALYSIS QUESTIONS:
Less Than
Potentially Significant Less Than
With
Issu es: Significant Mitigation Significant No Impact
Impact Incorporated Impact
I. AESTHETICS. Would the project:
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
o
o
o
.
3 - 60
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
in the area?
Comments:
a) No significant scenic vistas or views open to the public exist through the site.
b) In accordance with the City's General Plan, Third Avenue is not designated a scenic roadway nor does the
site contain any buildings.
c) The project site is within an urbanized area surrounded by commercial and various residential uses. The
project site is planned for future mixed-use residential land use according to the General Plan Update. The
development of a planned mixed use commercial and residential development would not substantially
degrade the existing visual character or quality of the site or surrounding area. Proj ect will be reviewed by
the Chula Vista Design Review Commission to ensure compatibility with the aesthetic quality of the
community.
d) The proposal will be required to comply with the City's minimum standards for roadway lighting. The
project 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 or adj acent
roadways.
Preliminary lighting plans indicate proper shielding to ensure that lighting does not spill horizontally
beyond the development boundaries. As conditioned, a final lighting plan shall be submitted to the
Environmental Review Coordinator for review. See Mitigated Negative Declaration, Section E, under the
Biological Resources Section for potential biological resource/indirect lighting impacts.
Mitit!ation: No mitigation measures are required.
II. AGRICULTURAL RESOURCES. Would the
proj ecl:
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?
D
D
D
.
b) Conflict with existing zoning for agricultural use, or
a Williamson Act contract?
D
D
D
.
c) Involve other changes in the existing environment,
which, due to their location or nature, could result in
D
D
D
.
3 - 61
Issues:
conversion ofFannland, to non-agricultural use?
Comments:
PDtentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
-'
a-c) The project site is presently located in a developed urbanized area. The project site is neither in current
agricultural production nor adjacent to property in agricultural production and contains no agricultural
resources or designated farmland areas.
Mitil!ation: No mitigation measures are required.
ID. AIR QUALITY. Would the project:
a) Conflict with or obstruct impl=entation of the
applicable air quality plan?
b) Violate any air quality standard or contn"bute
substantially to an existing or projected air
quality violation?
c) Result m 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 sf:nsitive receptors to substantial pollutant
concentrations?
3 - 62
o
o
.
o
o
o
.
o
o
o
.
o
o
o
o
.
Issues:
e) Create objectionable odors affecting a substantial
number of people?
Comments:
a-e) See Mitigated Negative Declaration, Section E.
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 . 0
Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would
mitigate potentially significant air quality impacts to a level ofless than significance.
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
speCles m local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
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?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct r=oval,
filling, hydrological interruption, or other means?
3 - 63
o
o
.
o
o
o
o
.
o
o
.
o
Issues:
d) Interfere substantially with the movement of any
native resident or migratory 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 any local policies or ordirumces protecting
biological resources, such as a tree preservation policy
or ordirumce?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
Comments:
a-f) See :Mitigated Negative Declaration, Section E.
Potentially
Significant
Impact
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
.
o
Less Than
Significant' No Impact
Impact
. 0
o 0
o .
Miti!!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would
mitigate potentially significant biological resources impacts to a level of less 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 S 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
3 - 64
o
o
o
o
o
o
o
.
o
.
.
o
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
outside oHorma! c=eteries.
D
D
D
.
..:;'.
Comments:
a) In order to determine potential historic impacts a cultural resource survey was prepared by ASM Affiliates on
January 13, 2006. The project site is currently vacant and based upon the study potentially historic
structures identified during records search have since been destroyed and hauled away years ago. No
evidence of historical materials or historic resources is remaining or identified on the project site. No
substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines 9
15064.5 was applicable.
b) An archaeological survey, was conducted by Tim Gross in 1975 for the U.S. Army Corps of Engineers
examined areas along the Telegraph Canyon Creek, which runs along the northwest portion of the project
site. Based upon this extensive survey of the whole project site, no historical or cultural resources were
identified and no previously recorded sites are located within the project boundaries. Therefore, no
archaeological resources will be impacted by the proposed construction, and no further investigations are
recommended for this project. No substantial adverse change in the significance of an archaeological
resource as defmed in State CEQA Guidelines 9 15064.5 was applicable.
c) Based on the level of previous disturbance to the site, no impacts to unique paleontological resources or
unique geologic features are anticipated.
d) Based upon the cultural resource study and previous disturbance, no human remains are anticipated to be present
within the impact area of the project.
Mitigation: No mitigation measures are required.
VI. GEOLOGY A.."ID 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 known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on other substantial evidence of a
known fault?
D
D
D
.
3 - 65
Issu es:
11.
Strong seismic ground shaking?
m.
Seismic-related ground failure, including 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.
Potentially
Significant
Impact
o
o
o
o
o
o
o
Less Than
Sigolficant
With
Mitigation
IncDrporated
o
o
o
.
o
o
o
Less Than
Significant
Impact
.
o
o
o
o
.
.
No Impact
o
.
.
o
.
o
o
Miti!!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would
mitigate potentially significant geology and soils impacts to a level ofless than significance.
VII. HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
a)
Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
3 - 66
o
o
o
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
b) Create a signilicant hazard to the public or the 0 . 0 0
environment through reasonably foreseeable upset '.
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or 0 D D .
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 0 D 0 .
hazardous materials sites compiled pursuant to
Gove=ent Code Section 65962.5 and, as a result,
would it create a signilicant hazard to the public or
the environment?
e) For a project located within an airport land use plan 0 0 0 .
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, 0 D 0 .
would the project result in a safety hazard for
people residing or working in the project area?
g) Impair impl=entation of or physically interfere D D D .
with an adopted =ergency response plan or
=ergency evacuation plan?
h) Expose people or structures to a significant risk of D 0 0 .
loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
3 - 67
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a-h) See Mitigated Negative Declaration, Section E.
Mitie:ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant hazardslhazardous material impacts to a level ofless than significance. .
VITI. HYDROLOGY AND WATER QUALITY.
Would the project:
a) Result in an increase in pollutant 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
requirements?
o
.
o
o
b) Substantially deplete groundwater supplies or interf= 0 0 0 .
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 significant adverse
impact on groundwater quality?
c) Substantially alter the existing drainage pattern of the 0 0 . 0
site or area, including through the alteration of the
course of a stream or river, in a manner, which would
result in substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern of the 0 0 . 0
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 100.- year flood hazard area which
3 - 68
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
would impede or redirect flood flows?
e) Expose people or structures to a sigoiiicant risk ofloss, 0 0 . 0
injury or death involving flooding, including flooding - ,
as a result of the failure of a levee or dam?
f) Create or contribute runoff water, which would exceed 0 0 . 0
the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff?
Comments:
(a-f) See Mitigated Negative Declaration, Section E.
Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant hydrology and water quality impacts to a level ofless than sigoiiicance.
VIII. LAND USE AND PLANNING. Would
the proj ect:
a) Physically divide an established community?
o
o
o
.
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?
o
o
o
.
c) Conflict with any applicable habitat conservation plan
or natural community conservation plan?
o
.
o
o
3 - 69
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) The proposed cornmerciallresidential intill project would be consistent with the character of the surrounding
mixed-use area and, therefore, would not disrupt or divide an established community.
b) The project site is within the CCP (Central CommercialJPrecise Plan) Zone and MUR (Mixed Use Residential)
General Plan designations. The project has been found to be consistent with the applicable zoning regulations,
General Plan, Montgomery Specific Plan guidelines and regulations and Added Area Redevelopment Plan.
c) Refer to :Mitigated Negative Declaration, Section E. Potential short-term construction noiselraptor nesting and
biologically sensitive impacts in accordance with the Multiple Species Conservation Program Subarea Plan
(MSCP) are addressed in the Mitigated Negative Declaration, under Biological Resources.
Mifu!:ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant land use and 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
.
3 -70
Issues:
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
a) The project site bas been previously disturbed with commercial and residential land uses. 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. Therefore, no loss or impacts to mineral,Tesources are anticipated as a result of the
proposed project.
b) The State of California Department of Conservation has not designated the project site for mineral resource
protection. According to the General Plan Update there are no regionally significant resource areas in west=
Cbula Vista and no mining activities currently occurring. Therefore, no impacts to a locally known mineral
resource or availability are anticipated as a result of the proposed project.
Mitil!ation: 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 standards of
other agencies?
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial t=porary or periodic mcrease ill
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan or,
where such a plan bas not been adopted, within two
miles of a public airport or public use airport, would
the project expose people residing or working in the
3 -71
o
o
o
.
o
o
o
.
o
o
.
o
o
o
D
.
o
o
o
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip,
would the proj ect expose people residing or working
in the project area to excessive noise levels?
o
o
o
.
Co=ents:
a-d) See Mitigated Negative Declaration, Section E.
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 excessive noise
levels.
f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not
expose people working in the project area to excessive noise levels.
Mitil!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would
mitigate potentially significant noise impacts to a level of less than significance.
XII. POPULATION AND HOUSING. Would the
proj ect
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of road or other infrastructure)?
o
o
o
.
b) Displace substantial numbers of existing housing,
necessitating the construction of replac=ent housing
elsewhere?
o
o
o
.
c) Displace substantial numbers of people, necessitating
the construction of replac=ent housing elsewhere?
o
o
o
.
3 -72
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a-c) The proj ect is surrounded by residences, retail businesses, schools, a church and private medical facility.
The proposed project does not involve the extension of public facilities or roadways (Third A venue or "L"
Street) that would induce substantial growth. Future residential devgjopment of the site for the proposed 167
multi-family residential units is consistent with the General Plan and would not exceed the regional or local
population projections. The proposed project would not involve displacement of existing housing or individuals
nor necessitate replacement housing, as the site is currently vacant. No significant population and housing
impacts will be created as a result of the proposed project.
Miti!!ation: No mitigation measures are required.
XIII. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities, need for neW or
physically altered governmental facilities, the
construction of which could cause significant
enviro=ental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any public services:
Fire protection?
o
o
.
o
Police protection?
o
o
.
o
Schools?
o
o
.
o
Parks?
o
o
.
o
Other public facilities?
o
o
o
.
3 -73
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) According 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 hydrants placement, fire truck turnaround and new building
construction. Based upon project design and proposed development of the qcergency access, queing'routing and turnarounds
no significant environmental impacts were identified. The City's Fire performance objectives and thresholds will continue to
be met
b) According to the Chula Vista Police Department, adequate police protection services can continue to be provided upon
completion 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. The City's Police performance objectives and thresholds will continue to
be met
A preliminary security lighting plan was submitted for review by the City's Police Department and Planning Department The
proposed lit areas include an outside seating area near the channel, perimeter exterior and interior areas of the site. Based
upon the lighting plan and project design, including proper shielding to ensure that lighting does not spill horizontally beyond
the development boundaries, no significant environmental impacts were identified.
c) According to the Chula Vista Elementary School Dis1rict letter dated January 5, 2006, the applicant would be required to pay
the statutory building p=it school fees for the proposed residential construction and an alternative financiog mecha";",,,
such as participation in or annexation to a CFD is reco=nded. Additionally State law provides for a development fee for
the non-residential use, any new co=rcial space proposed for the project The fee is proportionally shared with the Chula
Vista School Dis1rict and the Sweetwater Union High School Dis1rict The proposed project would not induce substantial
population growth; therefore, no significant adverse impacts to public schools would result.
d) The proposed project would not induce significant population growth, as it is a residential inJill project. However, the
applicant shall be required to pay Park Acquisition and Development Fees (PAD) in accordance with Chapter 17.10
"Parklands & Public Facilities" of the city of Chula Vista Municipal Code.
e) Because the proposed project would not induce significant population growth, it would not create a demand for neighborhood
or regional parks or facilities or impact existing park facilities.
f) The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility
system includes an existing 8-inch sewer line along Third Avenue. There is an existing manhole located at the end of the
southerly driveway. The City has required a IS-foot width access for existing and proposed public sewer systems and any
new manholes, for use by their maintenance vehicles, heavy equipment and emergency services. Paved access must be
provided to within five feet of this manhole on a relatively flat surface. The manhole shall be replaced with a watertight
feature since it is within the path of drainage. These improvements are indicated on the tentative map and the easement access
will be required on the final map. The onsite sewer improvements and laterals are proposed to each building and or condo
unit to the City public sewer main No private or public improvements will be allowed within the 100-year floodway and
wetlands and no improvements as designed would impact the channel or identified sensitive habitat 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 easement to
the City of Chula Vista wastewater services for the purpose of maintenance and emergency services of the proposed sewer
lines. The proposed proj ect would not have a significant effect upon or result in a need for new or expanded govemnental
services and could continue to be served by existing public irlfrastrocture.
Miti~ation: No mitigation measures are required.
3 -74
Issues:
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
occur or be accelerated?
b)
Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which have an adverse physical effect on the
environment?
Comments:
Potentially
Significant
Impact
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
Less Than
Significant
Impact
o
o
No Impact
.
.
a) Because the proposed proj ect would not induce significant population growth, it would not create a demand for
neighborhood or regional parks or facilities nor impact existing neighborhood parks or recreational facilities.
b) The project does not include or require the construction or expansion of recreational facilities.
Mitil!ation: No mitigation measures are required.
xv. TRANSPORTATION / lRAFFIC. 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 traffic patterns, including
either an increase in traffic levels or a change in
3 -75
o
o
o
o
o
o
.
.
o
o
o
.
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature 0 0 . 0
(e.g., sharp curves or dangerous intersections) or .....:'.
incompatIble uses (e.g., fann equipment)?
e) Result in inadequate =ergency access? 0 0 0 .
f) Result in inadequate parking capacity? 0 0 0 .
g) Conflict with adopted policies, plans, or programs 0 0 . 0
supporting alt=ative transportation (e.g., bus
turnouts, bicycle racks)?
Comments: No mitigation measures are required.
XVI. UTILITIES AND SERVICE SYSTEMS.
Would the project
a) Exceed wastewater treatment requir=ents 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
existing facilities, the construction of which could
cause significant environmental effects?
o
o
o
.
c) Require or result in the construction of new 51= water
drainage facilities or expansion of existing facilities, the
construction of which could cauSe signiJicant
environmental effects?
o
.
o
o
3 -76
Issues:
d) Have sufficient water supplies available to serve the
project 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
connnitments?
f) Be served by a landfill with sufficient permitted capacity
to acco=odate the project's solid waste disposal
needs?
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
3 -77
Potentially
Significant
Impact
o
o
o
o
Less Than
Significant
With
Mitigation
IncDrporated
o
o
o
o
Less Than
Significant
Impact
o
.
.
.
No Impact
.
o
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. No
exceedance of wastewater requirements of the Regional Water Quality Control Board would result from the
proposed project. ,.
b) The proposed project area is within the Sweetwater District Water service territory according to written
co=unications dated December 5, 2005 and March 27, 2006. An existing 12-inch water main is located on the
eastside of Third A venue. There are three existing domestic water services to the parcels, which will not be
adequate supply for the new construction. The proposal shows a 6-inch domestic water line with a proposed
public water easement. 1t is reco=ended that the largest domestic service for this type of project be a 2-inch
line. The applicant must submit a plan that includes the total fixture unit count of all proposed new plumbing
fixtures, so that appropriate services sizes can be determined. All water meters and public water facilities for the
project must be located in the public right of way on Third Avenue. Private onsite fire hydrants and fire services
for the building sprinklers will be served by the private onsite fire services located in the public right of way, but
clear of driveway apron. The applicant shall be required to coordinate with the Water District for proper design
guidance including any new and existing water services will be required to be installed with backflow prevention
assemblies and if applicable, proper check detectors/backflows for fire protection systems. The project has been
conditioned to comply with the Sweetwater District Water regulations and standards.
The surrounding sewer main is an 8-inch sewer line located along Third Avenue. The proposed improvements
include the extension of the existing main and lateral connection on site. The applicant shall be required to submit
a final sewer plan to the satisfaction of the City Engineer. No significant impacts would result from the proposed
proj ect.
c) See Mitigated Negative Declaration, Section E. The potential discharge of silt during construction activities could
impact the storm drain system and adjacent channellTelegraph Canyon Creek. Appropriate erosion control
measures 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 project shall be required to implement post-construction Best Management
Practices (BMPs) to the Maximum Extent Practicable, including the use of high pollutant removal efficiency
treatment BMPs. The project shall be conditioned to implement construction and post-construction water quality
Best Management Practices (BMPs) for storm water pollution prevention in accordance with the Chula Vista
Standard Urban Storm Water MitigationPlan (SUSMP).
d) The project site is within the potable water service area of the Sweetwater District. The proposed project will be
required to construct expansions to existing water facilities as descnbed in Section b above.
e) See XVI.a. and b.
f) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste needs of the
region in accordance with State law.
g) The proposal would be conditioned to comply with federal, state and local regulations related to solid waste.
Miti!!:ation: See Section E of the Mitigated Negative Declaration; refer to Hydrology and Water Quality. The
mitigation measures contained in Section F of the 1\1itigated Negative Declaration would mitigate identified
hydrology and water quality impacts to a level ofless than significance.
3 -78
Issues:
XVlI. 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 (7) 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 (7) 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 of I-80S are not to operate at a
LOS below their 1991 LOS. No intersection may reach LOS
"En or "Fn during the average weekday peak hour.
Intersections of arterials with freeway ramps are exempted
from this Standard.
3 -79
Potentially
Significant
Impact
o
o
o
o
Less Than
Significant
With
Mitigation
IncQrporated
o
o
o
o
Less Than
Significant
Impact
No Impact
o
.
o
.
o
.
o
.
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
E) Parks and Recreation Areas 0 0 0 .
The Threshold Standard for Parks and Recreation is 3 acres
of neighborhood and community parkland with appropriate
facilities/I,OOO population east ofI-805. -
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 0 0 0 .
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 0 0 0 .
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 off-set program the City of Chula
Vista has in effect at the time of building p=lit issuance.
3 -80
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) The project is a mixed-use project containing 167 residential UIJi1s and a retail use. However, it would not signiiicantly induce
population growth; therefore, no impacts to library facilities would result No adverse impact to the City's Library Threshold
standards would occur as a result of the proposed project ~
b) No adverse impact to the City's Police threshold standards would occur as a result of the proposed project Police
Department states that they can continue to provide service at current levels 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
site. Although the Fire Department has indicated they will provide service to the project, the project will contnbute to the
incremental increase in. fire service demand throughout the City. Additionally, will provide additional fire hydran1s and
services. This increased demand on fire services will not result in a signiiicant cumulative impact No adverse iropact to the
City's Fire threshold staodards would occur as a result of the proposed project
d) See Mitigated Negative Declaration, Section E.
g) The proposed project would not induce sigoificant population growth, as it is a residential iniill project and would not impact
existing or proposed recreatiooal facilities. However, lhe applicant shall be required to pay Park Acquisition and
Development Fees (pAD) in accordance with Orclin.ance No. 2945 adopted by City Council on January 6, 2004.
f) The applicant proposes new drainage facilities, filtration and treatment systems on the project site in order to properly convey
storrnwater from the developed site to existing city drainage facilities thus avoiding impac1s to 1he nearby
waterwayITelegraph Canyon Creek. In order to avoid drainage impac1s mitigation is required. See Mitigated Negative
Declaration, Section E.
g) The project site is wilhin the boundaries of the City of Cbula Vista wastewater services area. The existing area sewer facility
system includes sewer lines along Third A venue and L Street The applicant shall be required to submit a frnal sewer plan
indicating appropriate sewer lines and laterals to the satisfaction of the City Engineer. The applicant is required to grant an
easement, including a IS-foot access road, to lhe City ofCbula Vista wastewater service for the purpose of maintenance and
emergency services of the proposed sewer lines and sewer manholes. 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 proposed project area is within the Sweetwater District Water service territory according to written
co=unications dated December 5, 2005 and March 27, 2006. An existing 12-inch water main is located on the
eastside of Third A venue. There are three existing domestic water services to the parcels, which will not be adequate
supply for the new construction. The proposal shows a 6-inch domestic water line with a proposed public water
easement. It is recommended that the largest domestic service for this type of project be a 2-inch line. The applicant
must submit a plan that includes the total fixture unit count of all proposed new plumbing fixtures, so that appropriate
services sizes can be determined. All water meters and public water facilities for the project must be located in the
public right of way on Third A venue. Private onsite tire hydrants and tire services for the building sprinklers will be
served by the private onsite fire services located in the public right of way, but clear of driveway apron. The applicant
shall be required to coordinate with the Water District for proper design guidance including any new and existing
water services will be required to be installed with backflow prevention assemblies and if applicable, proper check
detectorslbackflows for fire protection systems. The project has been conditioned to comply with the Sweetwater
District Water regulations and standards. Project impacts to the Authority's storage, treatment, and tnmsmission facilities
would be less than significant
Mitigation: No mitigation measures are required.
3 - 81
Issues:
xvm. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the proj ect have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or anirnal
community, reduce the number or restrict the range of
a rare or endangered plant or anirnal or eliminate
important examples of the major periods of California
history or prehistory?
b) Does the proj ect 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 environmental 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 Impact
Less Than
Significant
Impact
o
o
.
o
o
o
o
.
o
o
o
.
a) See Mitigated Negative Declaration, Section E. Potential short-term construction noiselraptor nesting and
biologically sensitive impacts are addressed in the Mitigated Negative Declaration, Section E, under
Biological Resources.
b) As descnoed in the Mitigated Negative Declaration, significant direct project impacts would be mitigated to
below a level of significance through the required mitigation measures. No cumulatively considerable
impacts associated with the project when viewed in connection with the effects of past proj ects, other current
projects and probable future projects have been identified.
c) The project site has been previously disturbed with similar land uses. Therefore, the project 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 ofless than significance.
3 - 82
XIX. PROJECT REVISIONS OR l\flTIGATION 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-06-008.
:xx. 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 measures
contained in the Mitigated Negative Declaration 1S-06-008, 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 Project be held in abeyance without approval and that the Applicant and Operator shall
apply for an Environmental Impact Report.
I~r,., ;C, ;9-;;"""clt"/7 / a."'" ~//>' })lre~(<Jr
Printed ame and Title of Applicant L):;"5h:-J 1"0/f_.~ U"';/"'-/J/<cS
(or Authorized Representative)
9 /t /0 [
, I
Date
L)L ~_~
Signature of Z,plicant
(or Authorized Representative)
;~~f
Date
Printed Name and Title of Operator
(if different from Applicant)
Date
Signature of Operator
(if different from Applicant)
Date
3 -83
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated,"
as indicated by the checklist on the previous pages.
o Land Use and Planning
o Population and Housing
. Geophysical
o Agricultural Resources
. HydrologylWater
. Air Quality
o Paleontological
Resources
. TransportationfTraffic
lIBiological Resources
D Energy and Mineral
Resources
o Public Services
o Utilities and Service Systems
o Aesthetics
. Hazards and Hazardous
Materials
. Noise
o Cultural Resources
o Recreation
. Mandatory Findings of Significance
3 - 84
XXll. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the 0
'environment, and a Negative Declaration will be prepared.
I 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 project have been made or agreed to by the project proponent. A Mitigated
Negative Declaration will be prepared.
I find that the proposed project may have a significant effect on the environment, 0
and an Environmental Impact Report is required.
I find that the proposed project may have a "potentially significant impact" or 0
"potentially significant unless mitigated" impact on the environment, but at least one
effect: 1) has been adequately analyzed in an earlier document pursuant to applicable
legal standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. 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 0
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier ElR 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.
J:I.Planning\MARIA \Initial Study\Creekside Vista5\IS06008Creekside VistasISChecklistdoc
3 - 85
ATTACHMENT"
P I ann
ng & Building
Planning Division
Department
Development Processi ng
CnY OF
CHUIA VISTA
APPLICATION . DEVELOPMENT PROCESSING . TYPE B
Part 1
T e of Review Re uested
o General Plan Amendment
o General Development Plan 0 New (or) DAmendment
o SPA/Specific Plan DNew (or) I Amendment
o Zone Change
o Tentative Subdivision Map
o Annexation
o Other:
A lieation Information
Applicant Name: Creekside Vistas, LLC clo Douglas Wilson Companies
Applicant Address: 450 B Street, Suite 1900 San Diego, CA 92101
Contact: T errv R. Plowden Phone: 619-641-1141
Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required
to process this request.) 0 Own 0 Lease Ga In escrow 0 Option to purchase
Engineer/Agent: Project Design Consultants Address: 701 B Street, Suite 800 San Dieqo, CA 92101
CQntact: Armando Urquidez Phone: 619-881-2512
Primary contact is: 0 Applicant 0 Agent IZl Email addressofprimarycontact:tplowden@ldouqiaswilson.com
Generol Project Description (011 Iypes)
Project Name: Creekside Vistas
General Description of Proposed Project:
Proposed Use: Multi-familv residential/commercial
167 multi-family residential units with approximately 3,793 square feet of retail space on the ground floor fronting Third
Avenue. 10% of the project units will be set aside as affordable housing.
Subject Properly Information (all Iypes)
location/Street Address: West side of Third Avenue between L Street and Moss Street
Assessor's Parcel #: 619-010-04,-38,-42,-56 Total Acreage: 5.54 ac Redevelopment Area (ilapplicable): R'd"",p~cIAdd.dA~.
General Plan Designation: Retail and ODen SDace Zone Designation: CCP and S90
Planned Community (il applicable): NA
Current land Use: Vacant Within Montgomery Specific Plan? ~ Yes 0 No
General Plan Amendment
Proposed land Use Designation: NA
Justification for General Plan change:
3 -86
276 Fourth Avenue
c
91910
(619) 691-5101
RevS.C3
Pg1/2
~\~
-~-
APPLICATION . DEVELOPMENT PROCESSING . TYPE B
Part 2
01Y Of
CHULA VISTA
General Development Plan
General Development Plan Name:
Proposed Lond Uses / Total Acres:
Commercial/Acres
Parks / Acres
Community Purpose / Acres
Public/Quasi / Acres
Industrial /
Schools /
Circulation /
Open Space /
Acres
Acres
Acres
Acres
Residential/Range:
Single Family Detached /
Single Family Attached /
Duplexes /
Apartments /
Condominiums /
to
Units Acres
Units Acres
Units Acres
Units Acres
Units Acres
Units Acres
to
to
to
to
to
TOTALS /
Annexation
Prezoning:
LAFCO Reference #:
Tentative Subdivision Map
Subdivision Name: Creekside Vistas
CV Tract #: TBD
Minimum lot size: NA
Number of units: 167
Average lot size: 5.54 ac (one lot)
Zone Change
Ii2'l Rezoning
o Prezoning
o Setback
Proposed zoning: S90 to CCP
Authorization
Print applicant name:
C.r,""h,'(Ke:. V;s!r,s LLC
/ :;ell (~
Dote:
/1 /;/OJ
I
Applicant Signature:
Print owner name*;
Owner Signature': Date:
.Proof of ownership may be required. letter of consent may be provided in lieu of signature.
276 Fourth Avenue
Ch
3 - 87
91910
(619) 691-5101
APPLICATION · DEVELOPMENT PROCESSING . TYPE B
Part 2
-
CITY OF
CHUlA ~
General Development Plan
General Development Plan Name:
Proposed Land Uses / Total Acres:
Commercial /
Parks /
Community Purpose /
Public/Quasi /
Acres
Industrial /
Schools /
Circulation /
Open Space /
Acres
Acres
Acres
Acres
Acres
Acres
Acres
Residential/Range:
Single Family Detached /
Single Family Attached /
Duplexes /
Apartments /
Condominiums /
Units Acres
Units Acres
Units Acres
Units Acres
Units Acres
Units Acres
to
to
to
10
10
to
TOTALS /
Annexation
Prezoning:
IAFCO Reference #:
Tentative Subdivision Map
Subdivision Name: Creekside Vistas
CV Tract #: TBD
Minimum lot size: NA
Number of units: 167
Average lot size: 5.54 ae (one lot)
Zone Change
IiZI Rezoning 0 Prezoning
Proposed zoning: 590 to CCP
o Setback
Authorization
Print applicant name:
Applicant Signature:
Dale:
L"1>.i{J IJ~e.rf~~
V c'G"- Ire~;jJe
I i-"-'Ju/
Owner Signature.:
.Proof of ownership may be r
Date: \ L
d. letter of consent may be provided in lieu of signature.
276 Fourth Avenue
c
3 - 88
91910
(619) 691-5101
I RBYs.OJI
Pg Z/2
~I~
-.-
'-- -- 0;"
p I ann
n g
& Building
Planning Division
Department
Development Processing
, CIlY OF
CHULA VISTA
APPLICATION APPENDIX A -
Project Description & Justification
Project Name: Creekside Vistas
Applicant Name: Creekside Vistas, LLC
!'lease fully describe the proposed project, any and all construciion that may be accomplished as a result of approval of
this project, and the project's benefits to yourself, the property, the neighborhood, and the City of Chuia vista. Include any
details necessary to adequately explain the scope and/or operation of the proposed project. You may include any
background infonnation and supporting statements regarding the reasons for, or appropriateness of, the application. Use
an addendum sheet if necessary.
For all ConditiOnal Use Penn its or Variances, please address the required "findings. as listed in the Application Procedural
Guide.
The proposed project consists of 167 multi-family residential units and approximately 3,793 square feet of retail space that
would be located on the ground fioor along Third Avenue within the Montgomery Specific Plan. The proposed 'project is
located on the west side of Third Avenue between L Street and Moss Street a'nd is identified as Assessor Parcels Numbers
619-010-04, -38, -42, and -56. Rice Elementary School and a church border the property to the north/northwest, an auto
parts store borders the property to the northeast, the Bayview Behavioral Health Campus borders the property to the
southeast, and multi-family residential borders the site to the south and southwest. Directly across the street to the east of
the property along Third Avenue is the San Diego Country Club Golf Course. Required approvals for this project include a
rezone ofa portion of the site from S90 to CCP, design review, a Precise Plan, Tentative Subdivision Map, and a
conditional use permit to allow the residential development within the CCP zone.
As mentioned above. the proposed project will include 167 "for sale" residential condominiums, of which 19 units are three
story townhomes with attached garages, 56 units are four stories of single-level fiats and 92 units are two-story stacked
townhomes over a spllt.level podium with 1.5 levels of parking for 291 cars. In addition, there will be 3,793 squara feet of
retail space along Third Avenue at the northwest comer of the property. The proposed project will also include a pool and
recreation center which will be maintained by a homeowne~s association. The residentiallretail components will be Type V
construction. The podium will be Type I construction.
The proposed project will benefit the surrounding neighborhood by eradicating a homeless camp that has been established
on the property, ensuring that housing supply will accommodate future population growth by adding 167 new units in an
older established neighborhood, balancing the distribution of new market-rate housing relative to other communities within
Chula Vista, providing entry-level housing opportunities to first-time home buyers, providing approximately 17 affordable
housing units, and by reducing the number of auto trips by creating opportunities to walk and bike to the nearby school and
numerous shopping areas. In addition, the property currently has an assessed value according to the County of San Diego
tax rolls of approximately $800,000. Upon completion, the proposed project is projected to have an assessed value of
approximately $61 million, thus generating an annual tax increment of approximately $600,000, which will directly benefit
the City of Chula Vista.
276 Fourth Avenue
Chu
3 - 89
91910
(619) 691-5101
Application Appendix A Supplement
The following findings can be made for the conditional use permit:
. That the proposed use at the particular location is necessary or desirable to provide a service or
facility which will contribute to the general well being of the neighborhood or the community;
Creekside Vistas will enhance the livability of Chula Vista through the creation and maintenance of a
. mixed-use project that will help to promote the City as a stable and economically and socially
diverse community. A primary objective of redevelopment is to use tax increment to address
blighted conditions. The property currently has an assessed value according t6 the County of San
Diego tax rolls of approximately $800,000. Upon completion, the proposed project is projected to
have an assessed value of approximately $61 million, thus generating an annual tal( increment of
approximately $600,000, which will directly benefit the City of Chula Vista. In addition, this vacant
land has been utilized by the homeless as a camp area. The proposed project will eliminate this
illegal activity and make the surrounding area much safer for the existing residents, elementary
school students, and church.
. That such use will not, 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 approvals required for this project include various conditions and exhibits of approval relevant to
achieving compliance with the regulations of the Municipal Code in effect for the project site; and
such conditions have been determined by the decision-maker as necessary to avoid adverse
impacts upon the health, safety and welfare of the persons residing or working in the area. These
conditions include standards that pertain to best management practices, traffic circulation,
engineering, utilities, and landscaping. Therefore, based on the above, the project would not result
in any significant health or safety risks to the surrounding area.
. That the proposed use will comply with the regulations and conditions specified in this code for
such use;
. That the granting of this conditional use will not adversely affect the general plan of the city or the
adopted plan of any governmental agency.
The granting of the conditional use permit for the proposed project would not adversely affect the
City's general plan because it is anticipated that under the General Plan Update, the site will be
designated as mixed-use.
3 - 90
~\f?
-r-
. --
P I ann
n g
& Building
Planning Division
Department
Development Processing
CI1Y OF
CHUIA VISTA
APPLICATION APPENDIX B -
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning C.ommis~ion and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista eiection must be filed. The following information
must be disclosed:
1. List the names of ail persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
~--t-t::;rd_
(/,Jr.. r LL<=.
/
2. If any person" identified pursuant to (1) above Is a corporation or partnership, list the names of all I ndlviduais with
a $2000 investment in the business (corporation/partnership) entity.
3. If any person" idenUfted pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
11/c:v
,
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
~"!:f/r('. P/o"",:I.ejJ
L>o"5k.J t...kfr~n ~PLnt;'J
hH SJ.ue..L'1//l/,/?,!O"da t./"'pv"<?b:.
;''''''1'''-0:.:' De",;"" G..;s..{,ruvrr
~ .
5. Has any person" associated with this contract had any financial dealings with an officia'"" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No~
If Yes, briefiy describe the nature of the financial interest the official- may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No;>S. Yes _If yes, which Council member?
276 Fourth Avenue
Chu
.3 - 91
91910
(519) 591-5101
~\f?
-...-
':::- - - -
CITY OF
CHULA VISTA
P I ann
n g
& Building
Planning Division
Department
Development Processing
APPLICATION APPENDIX B 0
. Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an offcial- of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes_ NOL
If Yes, which official** ana what was the nature of item provided?
Date: /0/ :z.7/0~
" ,
2h"../..,< /:' t<k/.r.;'
type name of Contractor/Applicant
Print or
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fratemal
organization, corporation, estate, trust, receiver, syndicate, any other oounty, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit. .
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
276 Fourth Avenue
Ch
3 - 92
91910
(519) 591-5101
~ 1ft..
-.-
. - =
P I ann
n g
&
Building
Planning Division I
Department
Development Processing
em OF
CHULA VISTA
APPLICATION APPENDIX C 0
Development Permit Processing Agreement
Permit Applicant
Applicant's Address:
Type of Permit:
Agreement Date:
Deposit Amount:
c!r<::.~p"<;j~ uJ7'i-S L.LC,
%a"'fft.t uJh.", C-;_nl-cl ~ B 5r........~ <;tHr../7t'\i\S...,.,J),~. elf 7~/.)
C:;",,,cl'",,,L R"'n O;me,./d'",,.,^,r:. n=one.cLJ"p. ff-eo,,;' p~", Ant:( Ye.17';ntj f.:.map
/0/:1.7/0;;-
/ I
This Agreement ("Agreemenr) between the City of Chula Vista, a chartered municipal corporation ("City") and the
forenamed applicant for a development permit ("Applicanr), effective as of the Agreement Date set forth above, is made
with reference to the following facts:
Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permif') which the City has
required to be obtained as a condition to permitting Applicant to develop a parcel of property; and,
Whereas, the City will incur expenses in order to process said permit through the various departments and before
the various boards and commissions of the City ("PrOcessing Services"); and,
Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with
providing the Processing Services;
Now, therefore, the parties do hereby agree, in exchange for the mutuai promises herein contained, as follows:
1. Applicant's Duty to Pay,
Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including
all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's,
Duty to Pay"
1.1. Applicant's Deposit Duty,
As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit").
1,1.1. City shall charge its lawful expenses, incurred in providing Processing Services against
Applicant's Deposit. if, after the conclusion of processing Applicant's Permit, any portion of the
Deposit remains, City shall retum said baiance to Applicant without interest thereon, If, during the
processing of Applicant's Permit, the .amount of the Deposit becomes exhausted, or is imminen~y
likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant
shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to
continue Processing Services. The duty of Applicant to initially deposit and to supplement said
deposit as herein required shall be known as "Applicant's Deposit Duty".
2, City's Duty.
City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty,
use good faith to provide processing services in relation to Applicant's Permit application.
2.1, City shall have no iiability hereunder to Applicant for the failure to process Applicant's Permit application, or_
for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City,
276 Fourth Avenue
Ch
3 - 93
91910
(619) 691-5101
~If?
-.-
'= - -
P I ann
n g
& Building
Planning Division
Department
Development Processing
CIlY OF
CHULA VISTA
Development Permit Processing Agreement - Page 2
=
2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied.
City shall use Its discretion in valuating Applicant's Permit Application without regard to Applicant's promisa to pay for the
Processing Services, or the execution of the Agreement.
3. Remedies.
3.1. Suspension of Processing
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has
the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as
the Permit which may be the subject matter of 'any other Permit which Applicant has before the City.
3.2. Civil Collection
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has
the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect
same, the prevailing party shall be entitled to reasonabl.e attomey's fees and costs. .
4. Miscellaneous.
4.1 Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in
. .. writing. All notices, demands and requests to be sent to any party shall be deemed.to have been properly given or served
if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or
certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented.
4.2 Governing LawNenue.
This Agreement shall be govemed by and construed in accordance with the iaws 6f the State of Califomia.
Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San
Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Visja.
4.3. Multiple Signatories.
If there are mu~iple signatories to this agreement on behalf of Applicant, each of such signatories shall be
jointly and severally liable for the performance of Applicant's duties herein set forth.
4.4. Signatory Authority.
This signatory to this' agreement hereby warrants and represents that he is the duly designated agent for the
Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory
shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been
authorized to execute this Agreement by Applicant
4.5 Hold Harmless.
Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and
employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders,
injunction or other relief, damages, liability, cost and expense (including without limitation attomeys' fees) arising out of
City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not
limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights,
except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the
City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include
any and all costs, expenses, attomey's fees and liability incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense,
shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, 0('
employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the
276 Fourth Avenue
CI
3 - 94
91910
(619) 691-5101
~!~
-,-
.. -
p I ann
n g
& Building
Planning Division
Department
Development Processing
CflY OF
CHUIA VISTA
Development Permit Processing Agreement- Page 3
Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but such
participation shall not relieve the appiicant of any obligation imposed by this conditon.
4.6 Administratve Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been
presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from bme to bme be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City
for the purpose of resolving any dispute over the tenms of this Agreement.
Now therefore, the parties hereto, having read and understood the tenms and conditions of this agreement, do
hereby express their consent to the tenms hereof by setting their hand hereto on the date set forth adjacent thereto.
Dated:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
By:
Dated:
Irhlc,r
I t
!'!.I'<<'k.s;.(~ 0JT..J LLe
'is) e J1r.c T , .1. :,Co 1'100
Scn Olej 0 r+ c;~/OI
,
By:
;;p~
3 - 95
276 Fourth Avenue
(hula
11910
(619) 691-5101
ATTACHMENT 7
Design Review and Conditional Use Permit Conditions
Creekside Vistas Mixed-Use Development Project
914-944 Third Avenue
The Chula Vista City Council does hereby approve Design Review Permit DRC-06-35
subject to the following conditions:
1. The subject property shall be developed and maintained in substantial conformance with the
approved application, plans, and color and material board, except as modified herein.
2. Applicant shall submit all exterior lighting plans, landscape and irrigation plans, solid waste
and recycling plans for review and approval prior to the issuance of building permits.
3. Prior to leasing any retail space, the Developer shall submit written description for hours of
operation for the tenants of the retail/commercial uses to the Director of Community
Development for review and approval. The hours of operation shall be such that there is no
conflict with the residential units.
4. A graffiti resistant treatment shall be specified for all wall and building surfaces and shall be
noted on all building and wall plans prior to issuance of building permits.
5. The applicant/owner shall comply with all applicable federal, state, and local requirements,
and in any case where it does not comply, this permit is subject to modification or
revocation.
6. This permit shall become void and ineffective if not used or extended within one year from
the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code.
7. This permit shall be subject to any and all new, modified, or deleted conditions imposed
after approval of this permit to protect the public from a specific condition dangerous to its
health or safety or both due to the project, which condition(s) the City shall impose after
advance written notice to the permittee and after the City has given the permittee the right to
be heard with regard thereto. However, the City in exercising this reserved right/condition,
may not impose a substantial expense or deprive permittee of a substantial revenue source
which the permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
8. The applicant shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City, its Council members, officers, employees, agents, and representatives from and
against all liabilities, losses, damages, demands, claims, and costs, including court costs and
attorney's fees (collectively, liabilities) incurred by the City arising directly or indirectly
from a) City's approval and issuance of this permit, b) City's approval or issuance of any
other permit or action, whether discretionary or non discretionary, in connection with the use
contemplated herein, and without limitation, any and all liabilities arising from the operation
of the facility. Applicant shall acknowledge their agreement to this provision by executing a
copy of this permit where indicated below. The applicant's compliance with this provision
is an express condition of this permit and this provision shall be binding on any and all of the
applicant's successors and assigns.
3 -96
PLANNING AND BUILDING DEPARTMENT CONDITIONS
9. The project shall comply with 2005 Energy Requirements, 2001 Handicap Accessibility
Requirements and SB1025.
10. The project shall comply with applicable codes and requirements, including but not limited to
2001 CBC, CFC, CMC, CPC, ADA, and 2004 CEC requirements.
11. The project shall comply with Table SA, Table 5B, Section 503.4, Chapter 12, 10 and 9 of
Building Code with regards to Area Limits, Height of the Building, Location of Property,
Special Occupancy Requirements, Ventilation, Exits and Sprinklers.
12. The project shall comply with Seismic Zone 4, wind speed 70 MPH exposure C, and other
codes in effect at the time of issuance of any permit.
13. All conservation measures contained in the Creekside Vistas Water Conservation Plan
(WCP) and Air Quality Improvement Plan (AQIP) shall be implemented.
14. All water conservation measures contained in the Creekside Vistas WCP shall be identified
on construction plans including hot water pipe insulation, pressure reducing valves, water
efficient dishwashers, water efficient landscaping and evapotranspiration (ET) controllers.
IS. All air quality measures contained in the Creekside Vistas Air Quality Improvement Plan
including the specific building efficiency program to be used shall be identified on
construction plans.
16. The applicant shall secure access to and continued monitoring of open space/creek bed areas
to ensure transients will not return to the site.
17. The applicant shall implement to the satisfaction of the Planning and Building Department
and the City Engineering Division the mitigation measures identified in the Creekside Vistas
Mitigated Negative Declaration (IS-06-008) and Mitigation Monitoring and Reporting
Program.
FIRE DEPARTMENT CONDITIONS
18. Five (5) hydrants (24' fire roadway access/turnarounds) shall be required along with a full
NFP A 13 commercial fire sprinkler system and full fire alarm monitoring system.
19. The applicant shall provide a water study to determine if adequate pressure is available for
the project and if a fire pump will be required.
20. The applicant shall provide Fire Department standpipes. Refer to Table 1004-A of the CFC
2001.
3 - 97
GENERAL SERVICES DEPARTMENT CONDITIONS
21. The applicant shall develop and submit a Recycling and Solid Waste Management Plan to the
Environmental Services Program Manager for review and approval as part of the permit
process.
22. The applicant shall contract with the City's franchise hauler throughout the construction and
occupancy phases of the project.
OTHER CONDITIONS
23. All water meters and public water facilities shall be located in the public right-of-way on
Third A venue. The private onsite fire hydrants and fire services for the building sprinklers
will be served by private fire services located in the public right-of-way.
24. The applicant shall provide a site plan, street improvement plan, irrigation plan, plumbing
plan, fire sprinkler plans to the Sweetwater Authority.
25. The applicant shall provide a letter to the Sweetwater Authority from the City Fire
Department stating fire flow requirements.
26. Any new and existing water services to serve the proposed project shall require the
installation of an approved double check detector check backflow assembly on that system.
27. The applicant shall provide the Chula Vista Elementary School District with a copy of an
approved tentative map when the project is approved.
3 - 98
ATTACHMENT 8
Tentative Map Conditions
Creekside Vista Mixed-Use Development Project
912-944 Third Avenue
The City Council of the City of Chula Vista hereby approves Tentative Map PCS-06-06 subject
to the following conditions.
Prior to approval of the final map, unless otherwise indicated, Developer shall comply with the
following:
CONDITIONS RELATED TO THE GRADING AND DRAINAGE
1. All onsite drainage facilities shall be private.
2. Developer shall submit a detailed grading plan in accordance with the Chula Vista
Grading Ordinance before issuance of any building permits. Details such as type, cross
sections, and profiles of all the proposed retaining walls shall be shown on the grading
plans for City's review and approval.
3. Developer shall 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. If the post-development flows exceed the pre-development flows, the
study shall include calculations sizing proposed detention system(s). 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.
4. Developer shall 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.
5. Developer shall provide an irrevocable offer of dedication (lOD) for drainage and other
public purposes to the City of Chula Vista from the project boundary to lOO-year flood
plain limits. This IOD must be shown and recorded on the final map. An encroachment
permit shall be obtained from the City for all the proposed improvement and resulting
maintenance work within the IOD.
CONDITIONS RELATED TO NPDES
6. Developer shall install high efficiency Treatment Control Best Management Practices
(BMPs) devices upstream of all five outfalls. Such devices may include media filtrations
systems. According to the Chula Vista Standard Urban Storm Water Mitigation Plan
(SUSMP), filter inserts are not considered high efficiency Treatment Control BMPs.
3 - 99
7. Developer shall clarify the function and location of the proposed underground detention
facility.
8. Developer shall enter into an agreement prior to frnal map recordation to fully implement
NPDES best management practices ("BMPs") to reduce the amount of pollutants entering
the city's storm water conveyance system, including but not limited to:
. a. Installing and using effrcient irrigation systems and landscape design; more
specifrcally:
1. Employ rain shutoff devices to prevent irrigation after precipitation.
ll. Adjust irrigation systems to each landscape area's specifrc 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.
b. Employing integrated pest management principles. More specifrcally, eliminate
and/or reduce the need for pesticide use by implementing Integrated Pest
Management (IPM), including: (1) planting pest-resistant or well-adapted plant
varieties such as native plants; (2) discouraging pests in the landscaping design;
(3) distributing IPM 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
PUBLIC IMPROVMENTS
9. Developer shall provide an improvement plan showing all existing and proposed public
improvements such as driveways, curb, gutter, sidewalk for City's review and approval.
Proposed driveways shall be constructed per ADA requirements and per City of Chula
Vista Design Standards. Developer is responsible for replacing any broken sidewalk
along the project frontage. Developer shall secure any required improvements prior to
final map approval.
10. Access to all existing or proposed public sewer manholes shall be provided and shown on
the grading and improvement plans. Specifrcally, the existing manhole located at the end
of the southerly driveway need to have access for maintenance vehicles. Paved access to
within five feet of this manhole on a relatively flat surface is required. This manhole
shall be replaced with a watertight manhole, since it is located on the path of drainage.
11. Paved access to existing and proposed public sewer systems with manholes shall be
designed for a minimum Traffic Index (TI) equal to 5.
3 - 100
PRIVATE OR ONSITE IMPROVMENTS
12. Developer/Owner shall establish a homeowners aSSOCIatIOn to fund and oversee a
contract for the maintenance of the onsite private sewer system. The frequency of
maintenance of the sewer system shall be contained in the provisions of the Codes,
Covenants & Restrictions (CC&Rs). The City Engineer and Director of Public Works
shall approve the provisions of the CC&Rs regarding the onsite private sewer system.
13. Streets within the development shall be private.
14. No private or public improvements are allowed within the 100-year floodway.
CC&R'S
15. Developer shall submit CC&R's as approved by the City Attorney to the City Engineer
and Director of Planning and Building for approval prior to approval of the final map.
Said CC&R's shall include the following:
. Indemnification of City for private sewer spillage.
. Listing of maintained private facilities.
. The City's right but not the obligation to enforce CC&R's.
. Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the first mortgage oblique have signed a written
petition.
. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
. Compliance with the approved solid waste plan.
Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the final map.
16. Developer shall submit homeowners association (HOA) budget for review and approval
by the City Engineer for the maintenance of private streets, storm drains and sewage
systems. Said budget shall include the following maintenance activities:
. Streets must be sealed every 7 years and overlaid every 20 years.
. Sewers must be cleaned once a year with a contingency for emergencies.
. Red curbs / striping must be painted once every three years.
EASEMENTS
17. Developer shall grant an easement for the purposes of maintaining proposed public sewer
lines to City. This easement shall be shown on the final map.
18. All existing easements and irrevocable offers of dedication shall be shown on the final
map. A title report dated within 60 days of submittal of the fmal map shall be submitted
3 -101
together with backing documents for all existing public utility easements and offers of
dedication. Developer shall submit evidence of noticing to all existing public utility
easement holders within the project boundaries as required by the Section 66436 of the
Subdivision Map Act.
AGREEMENTS
19. Developer shall enter into an agreement for the following;
. 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, including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees wit regard to this subdivision
pursuant to Section 66499.37 of the State 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.
. Agree to hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
. 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.
MISCELLANEOUS
20. Developer shall pay the following fees based on the final building plans submitted:
a) Sewer Connection and Capacities fees
b) Development Impact Fees
c) Traffic Signal Fees
21. Developer shall tie the boundary of the subdivision to the California System-Zone VI
(NAD '83).
22. Developer shall submit copies of the Final Map, grading plans, and improvement plans 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 II, HD floppy disk prior to the approval of the
Final Map.
3 - 102
23. Developer shall submit a conformed copy of a recorded tax certificate covering the
property prior to approval of the Final Map.
PARK AND DEVELOPMENT (GENERAL SERVICES)
24. Prior to the approval of any [mal map, (or, prior to issuance of any building permit for the
[mal map for the project,) the Developer shall pay all applicable Parkland Acquisition
and Development Fees (pAD fees) at the rates in effect at the time of approval of the map
or building permit in accordance with C.V.M.C. Chapter 17.10.
WATER CONSERV A nON PLAN/AIR OUALITY IMPROVEMENT PLAN
25. Developer shall implement all conservation measures contained in the Creekside Vistas
Water Conservation Plan (WCP) and Air Quality Improvement Plan (AQIP).
26. All water conservation measures contained in the Creekside Vistas WCP shall be
identified on construction plans including hot water pipe insulation, pressure reducing
valves, water efficient dishwashers, water efficient landscaping and evapotranspiration
(ET) controllers.
27. All air quality measures contained in the Creekside Vistas AQIP including the specific
building efficiency program to be used shall be identified on construction plans.
28. Developer shall implement the final AQIP measures as approved by the City Council,
and as may be amended from time to time, and to comply and remain in compliance with
the AQIP.
29. Developer acknowledges that the City Council may, from time-to-time, modify air
quality improvement and energy conservation measures as technologies and/or programs
change or become available. The Developer shall modify the AQIP to incorporate those
new measures upon request of the City, which are in effect at the time, prior to or
concurrent with each map approval within the Project. The new measures shall apply to
development within all future map areas, but shall not be retroactive to those areas, which
receive final map approval prior to effect of the subject new measures. The Developer
acknowledges and agrees that the City has adopted the City of Chula Vista AQIP
Guidelines as approved per Resolution No. 2003-260 and that such guidelines as
approved and as may be amended from time-to-time shall be implemented.
30. Developer shall implement the [mal WCP measures as approved by the City Council, and
as may be amended from time to time, and to comply and remain in compliance with the
WCP.
31. Developer acknowledges that the City Council may, from time-to-time, modify water
conservation measures as technologies and/or programs change or become available. The Developer shall modify the WCP to incorporate those new measures upon request of the
3 - 103
City, which are in effect at the time, prior to or concurrent with each map approval within
the Project. The new measures shall apply to development within all future map areas,
but shall not be retroactive to those areas, which receive [mal map approval prior to effect
of the subject new measures. The Developer acknowledges and agrees that the City has
adopted the City of Chula Vista WCP Guidelines as approved per Resolution No. 2003-
234 and that such guidelines as approved and as may be amended from time-to-time shall
be implemented.
ENVIRONMENTAL MITIGATION CONDITION
32. The applicant shall implement to the satisfaction of the Planning and Building
Department and the City Engineering Division the mitigation measures identified in the
Creekside Vistas Mitigated Negative Declaration (18-06-008) and Mitigation Monitoring
and Reporting Program.
AFFORDABLE HOUSING REGULATORY AGREEMENT
33. The applicant shall enter into an agreement with the City of Chula Vista to guarantee the
construction and delivery of housing units affordable to low and moderate income
households prior to recordation of final map.
3 - 104
ragt: 1 Ul J
ATTACHMENT 9
Terry Plowden
From: David Kieffer
Sent: Monday, July 24, 2006 9:09 AM
To: Terry Plowden
Subject: FW: News from Northwest Civic Association
David Kieffer
Managing Director
Douglas Wilson Companies
450 B Street, Suite 1900
San Diego, CA 92101
Phone: 619.641.1141 ex)317
Fax: 619.641.1150
"The information contained in this entail is intended only for the personal and confidential use of the designated recipient(s)
named above. This information may be an attorney-client communication, and if so is privileged and confidential. lithe
reader of this email is not the intended recipient or an agent responsible/or delivering it to the intended recipient, you are
hereby notified that you have received this document in error, and that any review, dissemination, and distribution or
copying of this information is strictly prohibited. If you have received this communication in error, please notify us
immediately by telephone and retun1 the original to us by mail. Thank you. "
From: Pamela Bensoussan [mailto:pamelabens@cox.net]
Sent: Frtday, July 21, 2006 4:27 PM
To: Undisclosed recipients
Subject: News from Northwest Civic Association
Northwest Civic Association Members and Friends:
Here are some important dates that didn't make it onto our monthly calendar. In particular, next week
we will have a chance to find out about the proposed agreement for the Gaylord Entertainment center
on the Bayji-ont that you've been reading about in the paper. Don't miss the Monday night meeting at
Just Java!
Our newly elected NWCA board members have been very busy preparing and submitting our comments
to the city on important documents such as the Housing Element Draft, (following our special Housing
forum on July 10), the Urban Core Specific Plan Draft EIR, and the Redevelopment Advisory Committee
(RA C) procedures. We are happy to report that most of our recommendations for the RA C were adopted
and that our Board will have a seat on the committee that will begin meeting in September to review
projects in the redevelopment areas.
Additionally, our Project Review Committee participated in the "reincarnation" of the 24 Hour Fitness
project by meeting with the project developers, owner and architect, TA VA Design Committee, and
Crossroads IL maldng suggestions and reviewing changes to the design, which was approved at the last
* CVRC meeting. Earlier in the month Dourdas Wilson Companv presented their plans for the Creekside
Vista (condo project! on Third Avenue at "L" to our Steerinf< Committee. We applaud Douf<las Wilson
Companies and 24 Hour Fitness for their outreach to the community and encouraf<e other developers to
take the lead and meet with community f!rOUPS to f!et earlv feedback on Westside projects.
7/24/2006
3 - 105
August 25, 2006
David Kieffer, Director
Douglas Wilson Companies
450 B St., Suite 1900
San Diego CA 92101.
SUBJECT: Creekside Vistas
Dear Dave,
Thank you so much for presenting your project to the Cll Board of
Directors on August 7. This is to inform you that Cll tentatively
supports the Creekside Vistas project. We believe the height and mass
are appropriate for the site, and we applaud your plans to restore
Telegraph Canyon Creek, to include 10% affordable housing in the
project, and to make at least some of the buildings sustainable. As you
know, Chula Vista is in the forefront of California cities working toward
energy efficiency on a community-wide scale. Our only suggestion at
this time is that you establish some sort of educational and/or signage
program to encourage residents and others not to dump trash in the
restored creek.
We also have an indirect concern. Your project is located across Third.
Ave. from the San Diego Country Club. We believe that city should
undertake a major landscaping of the edge of the Country Club adjacent
to Third Ave., or it should insist that the Country Club do it. The
Country Club should be a point of pride for Chula Vista. But the
deplorable state of landscaping on its border hides this wonderful
amenity from view. The new landscape and fencing should open up
vistas of the Country Club from Third Ave. In addition to improving a
major public corridor (Third Ave.), this would also benefit your project.
We strongly encourage you to work with the city to accomplish this end,
and of course we are anxious to lend our support as well.
Our support of your proj ect must be preliminary at present because we
have not yet seen the environmental documents, and no public hearings
have been held. One of the items we will be looking at in the
environmental document is the effect of the project on local schools.
Once the environmental and public hearing hurdles have .been passed, we
hope and anticipate we will be able to give the project our unqualified
support.
3 - 106
Thanks again for discussing this project with us, and do not hesitate to let
me know if you have any questions.
Best Regards,
Pat
Patricia Aguilar
Cc; J. Griffin
D. Smith
J. Thomson
3 - 107
CVRC RESOLUTION NO. 2006
RESOLUTION OF THE CHULA VISTA REDEVELOPMENT
CORPORATION RECOMMENDING THAT THE CITY
COUNCIL (1) ADOPT MITIGATED NEGATIVE DECLARATION
(IS-06-008); (2) INTRODUCE AN ORDINANCE ADOPTING
REZONE PCZ-06-04 FOR A 3.6-ACRE PORTION OF THE SITE
FROM S90 COUNTYZONE TO CCP (CENTRAL COMMERCIAL
PRECISE PLAN) ZONE ALONG WITH THE ESTABLISHMENT
OF A PRECISE PLAN MODIFYING DISTRICT AND
STANDARD; (3) APPROVE CONDITIONAL USE PERMIT (PCC-
06-026); (4) APPROVE DESIGN REVIEW PERMIT (DRC-06-35);
AND (5) APPROVE TENTATIVE MAP (PCS-06-06) TO ALLOW
THE CONSTRUCTION OF 167 MULTI-FAMILY UNITS AND
3,793 SQUARE FEET OF COMMERCIAL SPACE ON THE SITE
LOCATED AT 914-944 THIRD AVENUE
WHEREAS, the parcel, which is the subject matter of this resolution, is represented in
Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of
general description is located at 912-944 Third Avenue, Chula Vista; and
WHEREAS, on November 1,2005 a duly verified application for a Rezone (PCZ-06-04)
with a Precise Plan Standard, Design Review Permit (DRC-06-35), a Conditional Use Permit
(PCC-06-026), Precise Plan and Tentative Subdivision Map (pCS-06-06) was filed with the City
of Chula Vista on behalf of the Douglas Wilson Companies ("Applicant") to enable the
development of a 167-unit mixed use residential project with 3,793 square feet of commercial
retail space located at 912-944 Third Avenue ("Project"); and
WHEREAS, the Environmental Review Coordinator determined that, although the
proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because mitigation measures have been incorporated and agreed to
by the project proponent; and
WHEREAS, on October 25, 2006, a Planning Commission hearing time and place was
set for said Rezone (with Precise Plan Standards) 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 and residents within 500 feet of the exterior boundaries of the
property, at least ten (10) days prior to the hearing; and
WHEREAS, a hearing at the time and place as advertised, namely October 25, 2006, at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission reviewed and considered the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, IS-06-008; and
3 - 108
CYRC Resolution No. 2006-
Page 2
WHEREAS, the Planning Commission after considering all evidence and testimony
presented recommended by a vote of 6-0 that the City of Chula Vista City Council Approve
Rezone (pCZ-06-04) of 3.6 acres of a 5.5 acre site from S90 (Holding Area) to CCP (Central
Commercial Precise Plan) zone along with Precise Plan Standards; and
WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment
Corporation for consideration of 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 and residents within 500 feet of the exterior boundaries of the property, at least
ten (10) days prior to the hearing; and
WHEREAS, the Chula Vista Redevelopment Corporation (CVRe) held a duly noticed
public hearing to consider said application at the time and place as advertised, namely November
16, 2006 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Chula Vista
Redevelopment Corporation and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment
Corporation does hereby find, determine, and resolve as follows:
A. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has conducted an Initial Study,
IS-06-008, in accordance with the California Environmental Quality Act. Based upon results of
the Initial Study, the Environmental Review Coordinator determined that the project could result
in 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
effects would occur; therefore, the Environmental Review Coordinator prepared a Mitigated
Negative Declaration, IS-06-008.
The Chula Vista Redevelopment Corporation finds that, in the exercise of its independent
judgment, as set forth in the record of its proceedings, the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-06-008), which is on file in the Planning and
Building Department, has been prepared in accordance with the requirements of the California
Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of
Chula Vista; and that the Project's environmental impacts will be mitigated by adoption of the
Mitigation Measures described in the Mitigated Negative Declaration, and contained in the
Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and
Reporting Program is designed to ensure that during Project implementation, the
permittee/Project applicant, and any other responsible parties implement the project components
and comply with the Mitigation Monitoring Program.
3 - 109
CVRC Resolution No. 2006-
Page 3
B. REZONE
The rezoning provided for herein is consistent with the City of Chula Vista General Plan,
public necessity, convenience and the general welfare and good zoning practice support the
amendments to the Municipal Code. The proposed CCP zone would provide an implementing
zone for the existing Mixed Use Residential (MUR) designation of the City's 2005 General Plan,
and will contribute to the public convenience and general welfare by further assisting the City's
efforts to satisfy the goals and objectives of the General Plan Land Use and Transportation (LUT)
Policy 41.6 for this area and the goals and objectives of the Amended and Restated
Redevelopment Plan (2004) regarding the removal of blight and physical improvement to this
area of the redevelopment project area.
The City ofChula Vista Zoning Map established by Section 19.18.010 of the Chula Vista
Municipal Code is hereby amended to rezone the site as depicted in Exhibit B from S90 to CCP
(Central Commercial Precise Plan).
C. PRECISE PLAN FINDINGS
The CVRC does hereby make the findings required by CVMC 19.14.576 for the
establishment of a Precise Plan Modifying District and Standard, as herein below set forth, and
sets forth, there under, the evidentiary basis that permits the stated [mdings to be made.
1. That such plan will not, 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 proposed CCP zone is consistent with the existing Mixed Use Residential
(MUR) designation of the City's 2005 General Plan, and will contribute to the
public convenience and general welfare by further assisting the City's efforts to
satisfy the goals and objectives of the General Plan Land Use and Transportation
(LUT) Policy 41.6 for this area and the goals and objectives of the Amended and
Restated Redevelopment Plan (2004) regarding the removal of blight and physical
improvement to this area of the redevelopment project area. The site is also
surrounded by existing urban and pedestrian-oriented uses such as commercial
retail uses, a church, elementary school, hospital and high-density residential uses.
2. That such plan satisfies the principle for the application of the P modifYing district
as setforth in CVMC 19.56.041.
The purpose of the Precise Plan modifying district ("P" modifier) is to allow
diversification in the spatial relationship of land uses, density, buildings,
structures, landscaping and open spaces, as well as design review of architecture
and signs through the adoption of specific conditions of approval for development
of property in the city. Within the boundaries of the "P" modifying district, the
location, height, size and setbacks of buildings or structures, open spaces, signs
3-110
CVRC Resolution No. 2006-
Page 4
and densities indicated on the precise plan shall take precedence over the
otherwise applicable regulations of the underlying zone. Pursuant to CVMC
19.56.041, the "P" modifying district may be applied to areas within the city when
one or more circumstances are evident including:
"The subject property, or the neighborhood or area in which the property
is located, is unique by virtue of topography, geological characteristics,
access, configuration, traffic circulation or some social or historic
situation requiring special handling of the development on a precise plan
basis. "
The precise plan modifying district has already been established on a portion of
the site (1.9 acres) and the project proposes to rezone the remainder of the site (3.6
acres) to CC with a "P" modifier (CC-P). The subject property is unique by virtue
of its topography and unusual lot configuration. Although the site has over a 400-
foot frontage along Third Avenue, the depth of the lot varies from 280-feet to 515-
feet, creating an unusually configured lot. The site also includes a drainage
channel that runs along the west property boundary. The drainage channel creates
a topographic elevation differential of 30 feet from the east to west property
boundaries and environmental constraints on the project site. Therefore, the
precise plan is considered to satisfy the principle for the application of the "P"
modifying district.
3. That any exceptions granted which deviate from the underlying zoning
requirements shall be warranted only when necessary to meet the purpose and
application of the P precise plan modifying district.
Within the boundaries of the "P" modifying district, the location, height, size and
setbacks of buildings or structures, open spaces, signs and densities indicated on
the precise plan shall take precedence over the otherwise applicable regulations of
the underlying zone. The applicant has requested that the precise plan modifying
district (P) be applied to the project site to allow a reduced front yard setback.
While the proposed Precise Plan standards would deviate from the adopted Zoning
Ordinance the site design would be compatible with surrounding land uses as
described below.
The proposed zoning ordinance deviation would allow a reduced front yard
setback (25-feet required vs. 20-feet proposed) to allow clustering of the units in
the podium structure along the eastern property boundary while retaining the open
space/drainage channel configured along the project's western boundary. The
currently degraded drainage channel is proposed to be enhanced and incorporated
as an open space amenity of the project. Limited access, in the form of viewing
areas and seating, is proposed along the upper edge of the open space/drainage
channel.
3-111
CVRC Resolution No. 2006-
Page 5
In addition, the eXIstmg setback standards are more reflective of suburban
development standards which typically emphasize buildings set back behind a
landscaped/parking area. The proposed precise plan development standards will
allow reduced building setbacks which are conducive with the above stated goals
of encouraging a mixed-use project which is in keeping with the goals of
achieving a more urban, pedestrian-oriented project.
The reduction in building setbacks will allow: I) the commercial component of the
project to be located close to the sidewalk along Third Avenue, thereby achieving
the pedestrian oriented nature of the project; 2) allow for a better balance between
open space and buildings on the lot. Larger open space areas as well as pedestrian
corridors can be provided between and adjacent to building structures while, at the
same time, maintaining the desired density of the project. Due to the orientation of
existing development on adjacent properties, no negative impact is anticipated as a
result of the proposed setback reductions.
4. That approval of this plan will conform to the general plan and the adopted
policies of the City of Chula Vista.
With the adoption of the 2005 General Plan, the Montgomery Specific Plan was
repealed and replaced with a new vision for the Southwest area of the City. The
development proposal would implement the General Plan Land Use and
Transportation (LUT) Policy 41.6 and 41.9 for this area, which states:
"Encourage multi-family with limited retail in the area designated as
Mixed Use Residential south of L Street and west of Third Avenue. " and;
"In the South Third Avenue District, residential densities within the Mixed
Use Residential designation are intended to have a district-wide gross
density of 30 dwelling units per acre. "
The project proposes a mixed-use residential development consisting of 167 units
and 3,793 square-feet of retail space on 5.5-acres. The residential density of 30
dwelling units per acre is consistent with the City's General Plan policy for the
site. The residential density would provide a more urban, pedestrian-oriented
project design that would be compatible with that of the surrounding land uses.
BE IT FURTHER RESOLVED that the Chula Vista Redevelopment Corporation does
hereby, based on the above findings, recommend approval of the Rezone (PCZ-06-04) from S90
Zone to Central Commercial Precise Plan (CC-P) for 3.6 acres of a 5.5-acre site along with
Precise Plan Modifying Standard on the 5.5 acre site located at 912-944 Third Avenue.
3-112
CVRC Resolution No. 2006-
Page 6
D. CONDITIONAL USE PERMIT FINDINGS
The CVRC does hereby make the findings required by CVMC 19.14.080 for the issuance
of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary
basis that permits the stated findings to be made.
1. That the proposed use at the particular location is necessary or desirable to
provide a service or facility which will contribute to the general well being of the
neighborhood or the community.
The proposed project will enhance the livability of Chula Vista through the
creation and maintenance of a mixed-use project that will help promote the City
as a stable and economically and socially diverse community. A primary objective
of redevelopment is to use tax increment to address blighted conditions. The
property currently has an assessed value of approximately $800,000, according to
the County of San Diego tax rolls. Upon completion, the proposed project is
projected to have an assessed value of approximately $61 million, thus generating
an annual tax increment of approximately $600,000, which will directly benefit
the City of Chula Vista. In addition, the vacant property has been utilized by the
homeless as a camp area for many years. The proposed project will eliminate this
illegal activity and make the surrounding area much safer for the existing
residents, elementary school students, and church.
2. That such use will not, 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.
It is anticipated that the project will not be detrimental to health, safety or general
welfare of persons residing or working in the vicinity. The project complies with
the adopted precise plan development standards for the site, which were approved
based upon the findings outlined in section 19.14.576 of the Chula Vista
Municipal Code.
3. That the proposed use will comply with the regulations and conditions specified in
this code for such use.
The project complies with all regulations of the CC zone as modified by precise
plan standards adopted for the subject parcel based upon section 19.14.576 of the
Chula Vista Municipal Code.
4. That the granting of this conditional use will not adversely affect the General
Plan of the City or the adopted plan of any government agency.
The granting of the conditional use permit for the proposed project would not
adversely affect the City's General Plan. This site is designated mixed-use
3-113
CYRC Resolution No. 2006-
Page 7
residential and the project would provide a mixed use development of residential
and neighborhood serving commercial uses. The precise plan standards for the
project site would allow for the modification to the front yard setback from 25 feet
to 20 feet to allow clustering of the units in the podium building along Third
Avenue, thereby creating a more urban pedestrian friendly design and retaining
the open space amenity along the west side of the proj ect site.
BE IT FURTHER RESOLVED that the Chula Vista Redevelopment Corporation does
hereby, based on the above fmdings, hereby recommends that the City Council approve
Conditional Use Permit (PCC-06-026), subject to conditions of Exhibit C.
E. CONFORMANCE WITH CITY DESIGN MANUAL
The Chula Vista Redevelopment Corporation does hereby find that the Project is in
conformance with the City of Chula Vista Design Manual, Landscape Manual and the
requirements of the Zoning Ordinance and hereby recommends that the City Council approve the
Design Review Permit (DRC-06-35), subject to conditions of Exhibit C.
F. CONFORMANCE WITH SUBDIVISON MAP ACT
The Chula Vista Redevelopment Corporation does hereby fmd that Project is in
conformance with the City of Chula Vista Subdivision Manual and hereby recommends that the
City Council approve the Tentative Map (PCS 06-06), subject to conditions of Exhibit D.
BE IT FURTHER RESOLVED, that the Chula Vista Redevelopment Corporation, after
considering all evidence and testimony presented, recommends that the City of Chula Vista City
Council adopt Mitigated Negative Declaration (IS-06-008), Approve Rezone (PCZ-06-04) of3.6
acres of a 5.5 acre site from S90 to CCP (Central Commercial Precise Plan) zone with Precise
Plan Modifying Standard; Approve Conditional Use Permit (PCC-06-026); Approve Design
Review Permit (DRC-06-35); and Approve Tentative Map (pCS-06-06) to allow the construction
of 167 multi-family units and 3,793 square feet of commercial space on the site located at at 912-
944 Third Avenue.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the
City Council.
Presented by:
Approved as to form by
Dana M. Smith
Assistant City Manager
Ann Moore
~1General Counsel
3-114
EXHIBIT A
San Diego
Country
Golf Course
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Creekside Vistas, LLC. Clo PROJECT DESCRIPTION:
Q) APPLlCANl: Douglas Wilson Companies. DESIGN REVIEW
. PROJECT 914-942 Third Av. Proposal is for 167 multi-family residential units and 4,000 sq. fl.
ADDRESS: of ground floor retail commercial.
SCALE: FILE NUMBEP-
l NORTH No Scale pez 3-115 5-<J5.{)6, PCC06-026, DRC~6-35, IS-06~08
J:\planning\carlos\Jocators\PC20604.cdr 05.26.06
- - EXHTBTTB--
Creekside Vistas Proposed Rezone
PCI-06-04
Chule Vista Redevelopment Corporation/City Council Meeting
I November 16,2006
N
--="
~
3-116
EXHIBIT C
Design Review and Conditional Use Permit Conditions
Creekside Vistas Mixed-Use Development Project
914-944 Third Avenue
The Chula Vista City Council does hereby approve Design Review Permit DRC-06-35
subject to the following conditions:
1. The subject property shall be developed and maintained in substantial conformance with the
approved application, plans, and color and material board, except as modified herein.
2. Applicant shall submit all exterior lighting plans, landscape and irrigation plans, solid waste
and recycling plans for review and approval prior to the issuance of building permits.
3. Prior to leasing any retail space, the Developer shall submit written description for hours of
operation for the tenants of the retail/commercial uses to the Director of Community
Development for review and approval. The hours of operation shall be such that there is no
conflict with the residential units.
4. A graffiti resistant treatment shall be specified for all wall and building surfaces and shall be
noted on all building and wall plans prior to issuance of building permits.
5. The applicant/owner shall comply with all applicable federal, state, and local requirements,
and in any case where it does not comply, this permit is subject to modification or
revocation.
6. This permit shall become void and ineffective if not used or extended within one year from
the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code.
7. This permit shall be subj ect to any and all new, modified, or deleted conditions imposed
after approval of this permit to protect the public from a specific condition dangerous to its
health or safety or both due to the project, which condition(s) the City shall impose after
advance written notice to the permittee and after the City has given the permittee the right to
be heard with regard thereto. However, the City in exercising this reserved right/condition,
may not impose a substantial expense or deprive permittee of a substantial revenue source
which the permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
8. The applicant shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City, its Council members, officers, employees, agents, and representatives from and
against all liabilities, losses, damages, demands, claims, and costs, including court costs and
attorney's fees (collectively, liabilities) incurred by the City arising directly or indirectly
from a) City's approval and issuance of this permit, b) City's approval or issuance of any
other permit or action, whether discretionary or non discretionary, in qmnection with the use
contemplated herein, and without limitation, any and all liabilities arising from the operation
of the facility. Applicant shall acknowledge their agreement to this provision by executing a
copy of this permit where indicated below. The applicant's compliance with this provision
is an express condition of this permit and this provision shall be binding on any and all of the
applicant's successors and assigns.
3-117
PLANNING AND BUILDING DEPARTMENT CONDITIONS
9. The project shall comply with 2005 Energy Requirements, 2001 Handicap Accessibility
Requirements and SBI025.
10. The project shall comply with applicable codes and requirements, including but not limited to
2001 CBC, CFC, CMC, CPC, ADA, and 2004 CEC requirements.
II. The project shall comply with Table SA, Table 5B, Section 503.4, Chapter 12, 10 and 9 of
Building Code with regards to Area Limits, Height of the Building, Location of Property,
Special Occupancy Requirements, Ventilation, Exits and Sprinklers.
12. The project shall comply with Seismic Zone 4, wind speed 70 MPH exposure C, and other
codes in effect at the time of issuance of any permit.
13. All conservation measures contained in the Creekside Vistas Water Conservation Plan
(WCP) and Air Quality Improvement Plan (AQIP) shall be implemented.
14. All water conservation measures contained in the Creekside Vistas WCP shall be identified
on construction plans including hot water pipe insulation, pressure reducing valves, water
efficient dishwashers, water efficient landscaping and evapotranspiration (ET) controllers.
15. All air quality measures contained in the Creekside Vistas Air Quality Improvement Plan
including the specific building efficiency program to be used shall be identified on
construction plans.
16. The applicant shall secure access to and continued monitoring of open space/creek bed areas
to ensure transients will not return to the site.
17. The applicant shall implement to the satisfaction of the Planning and Building Department
and the City Engineering Division the mitigation measures identified in the Creekside Vistas
Mitigated Negative Declaration (IS-06-008) and Mitigation Monitoring and Reporting
Program.
FIRE DEPARTMENT CONDITIONS
18. Five (5) hydrants (24' fue roadway access/turnarounds) shall be required along with a full
NFP A 13 commercial fire sprinkler system and full fire alarm monitoring system.
19. The applicant shall provide a water study to determine if adequate pressure is available for
the proj ect and if a fue pump will be required.
20. The applicant shall provide Fire Department standpipes. Refer to Table 1004-A of the CFC
2001.
3-118
GENERAL SERVICES DEPARTMENT CONDITIONS
21. The applicant shall develop and submit a Recycling and Solid Waste Management Plan to the
Environmental Services Program Manager for review and approval as part of the permit
process.
22. The applicant shall contract with the City's franchise hauler throughout the construction and
occupancy phases of the project.
OTHER CONDITIONS
23. All water meters and public water facilities shall be located in the public right-of-way on
Third A venue. The private onsite fire hydrants and fire services for the building sprinklers
will be served by private fire services located in the public right-of-way.
24. The applicant shall provide a site plan, street improvement plan, irrigation plan, plumbing
plan, fire sprinkler plans to the Sweetwater Authority.
25. The applicant shall provide a letter to the Sweetwater Authority from the City Fire
Department stating fire flow requirements.
26. Any new and existing water services to serve the proposed project shall require the
installation of an approved double check detector check backflow assembly on that system.
27. The applicant shall provide the Chula Vista Elementary School District with a copy of an
approved tentative map when the project is approved.
3 - 119
EXHIBIT 0
Tentative Map Conditions
Creekside Vista Mixed-Use Development Project
912-944 Third Avenue
The City Council of the City of Chula Vista hereby approves Tentative Map PCS-06-06 subject
to the following conditions.
Prior to approval of the final map, unless otherwise indicated, Developer shall comply with the
following:
CONDITIONS RELATED TO THE GRADING AND DRAINAGE
I. All onsite drainage facilities shall be private.
2. Developer shall submit a detailed grading plan in accordance with the Chula Vista
Grading Ordinance before issuance of any building permits. Details such as type, cross
sections, and profiles of all the proposed retaining walls shall be shown on the grading
plans for City's review and approval.
3. Developer shall 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. rf the post-development flows exceed the pre-development flows, the
study shall include calculations sizing proposed detention system(s). 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 IOO-year storm.
4. Developer shall 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.
5. Developer shall provide an irrevocable offer of dedication (lOD) for drainage and other
public purposes to the City of Chula Vista from the project boundary to IOO-year flood
plain limits. This rOD must be shown and recorded on the [mal map. An encroachment
permit shall be obtained from the City for all the proposed improvement and resulting
maintenance work within the rOD.
CONDITIONS RELATED TO NPDES
6. Developer shall install high efficiency Treatment Control Best Management Practices
(BMPs) devices upstream of all five outfalls. Such devices may include media filtrations
systems. According to the Chula Vista Standard Urban Storm Water Mitigation Plan
(SUSMP), filter inserts are not considered high efficiency Treatment Control BMPs.
3 - 120
7. Developer shall clarify the function and location of the proposed underground detention
facility.
8. Developer shall enter into an agreement prior to final map recordation to fully implement
NPDES best management practices ("BMPs") to reduce the amount of pollutants entering
the city's storm water conveyance system, including but not limited to:
a. 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
iii. 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.
b. Employing integrated pest management principles. More specifically, eliminate
and/or reduce the need for pesticide use by implementing Integrated Pest
Management (IPM), including: (1) planting pest-resistant or well-adapted plant
varieties such as native plants; (2) discouraging pests in the landscaping design;
(3) distributing IPM 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
PUBLIC IMPROVMENTS
9. Developer shall provide an improvement plan showing all existing and proposed public
improvements such as driveways, curb, gutter, sidewalk for City's review and approval.
Proposed driveways shall be constructed per ADA requirements and per City of Chula
Vista Design Standards. Developer is responsible for replacing any broken sidewalk
along the project frontage. Developer shall secure any required improvements prior to
final map approval.
10. Access to all existing or proposed public sewer manholes shall be provided and shown on
the grading and improvement plans. Specifically, the existing manhole located at the end
of the southerly driveway need to have access for maintenance vehicles. Paved access to
within five feet of this manhole on a relatively flat surface is required. This manhole
shall be replaced with a watertight manhole, since it is located on the path of drainage.
11. Paved access to existing and proposed public sewer systems with manholes shall be
designed for a minimum Traffic Index (TI) equal to 5.
3 - 121
PRIVATE OR ONSITE IMPROVMENTS
12. Developer/Owner shall establish a homeowners associatIOn to fund and oversee a
contract for the maintenance of the onsite private sewer system. The frequency of
maintenance of the sewer system shall be contained in the provisions of the Codes,
Covenants & Restrictions (CC&Rs). The City Engineer and Director of Public Works
shall approve the provisions of the CC&Rs regarding the onsite private sewer system.
13. Streets within the development shall be private.
14. No private or public improvements are allowed within the 1 DO-year floodway.
CC&R'S
15. Developer shall submit CC&R's as approved by the City Attorney to the City Engineer
and Director of Planning and Building for approval prior to approval of the final map.
Said CC&R's shall include the following:
. Indemnification of City for private sewer spillage.
. Listing of maintained private facilities.
. The City's right but not the obligation to enforce CC&R's.
. Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the first mortgage oblique have signed a written
petition.
. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
. Compliance with the approved solid waste plan.
Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the fmal map.
16. Developer shall submit homeowners association (HOA) budget for review and approval
by the City Engineer for the maintenance of private streets, storm drains and sewage
systems. Said budget shall include the following maintenance activities:
. Streets must be sealed every 7 years and overlaid every 20 years.
. Sewers must be cleaned once a year with a contingency for emergencies.
. Red curbs / striping must be painted once every three years.
EASEMENTS
17. Developer shall grant an easement for the purposes of maintaining proposed public sewer
lines to City. This easement shall be shown on the fmal map.
18. All existing easements and irrevocable offers of dedication shall be shown on the fmal
map. A title report dated within 60 days of submittal of the final map shall be submitted
3 - 122
together with backing documents for all existing public utility easements and offers of
dedication. Developer shall submit evidence of noticing to all existing public utility
easement holders within the project boundaries as required by the Section 66436 of the
Subdivision Map Act.
AGREEMENTS
19. Developer shall enter into an agreement for the following;
· 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, including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees wit regard to this subdivision
pursuant to Section 66499.37 of the State 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.
· Agree to hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
· 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.
MISCELLANEOUS
20. Developer shall pay the following fees based on the final building plans submitted:
a) Sewer Connection and Capacities fees
b) Development Impact Fees
c) Traffic Signal Fees
21. Developer shall tie the boundary of the subdivision to the California System-Zone VI
(NAD '83).
22. Developer shall submit copies of the Final Map, grading plans, and improvement plans 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 Subrnittal in duplicate on 3 'Iz HD floppy disk prior to the approval of the
Final Map. .
3 - 123
23. Developer shall submit a conformed copy of a recorded tax certificate covering the
property prior to approval of the Final Map.
PARK AND DEVELOPMENT (GENERAL SERVICES)
24. Prior to the approval of any final map, (or, prior to issuance of any building permit for the
final map for the project,) the Developer shall pay all applicable Parkland Acquisition
and Development Fees (pAD fees) at the rates in effect at the time of approval of the map
or building permit in accordance with C.V.M.C. Chapter 17.10.
W ATER CONSERVATION PLAN/AIR OUALITY IMPROVEMENT PLAN
25. Developer shall implement all conservation measures contained in the Creekside Vistas
Water Conservation Plan (WCP) and Air Quality Improvement Plan (AQIP).
26. All water conservation measures contained in the Creekside Vistas WCP shall be
identified on construction plans including hot water pipe insulation, pressure reducing
valves, water efficient dishwashers, water efficient landscaping and evapotranspiration
(ET) controllers.
27. All air quality measures contained in the Creekside Vistas AQIP including the specific
building efficiency program to be used shall be identified on construction plans.
28. Developer shall implement the final AQIP measures as approved by the City Council,
and as may be amended from time to time, and to comply and remain in compliance with
the AQIP.
29. Developer acknowledges that the City Council may, from time-to-time, modify air
quality improvement and energy conservation measures as technologies and/or programs
change or become available. The Developer shall modify the AQIP to incorporate those
new measures upon request of the City, which are in effect at the time, prior to or
concurrent with each map approval within the Project. The new measures shall apply to
development within all future map areas, but shall not be retroactive to those areas, which
receive fmal map approval prior to effect of the subject new measures. The Developer
acknowledges and agrees that the City has adopted the City of Chula Vista AQIP
Guidelines as approved per Resolution No. 2003-260 and that such guidelines as
approved and as may be amended from time-to-time shall be implemented.
30. Developer shall implement the fmal WCP measures as approved by the City Council, and
as may be amended from time to time, and to comply and remain in compliance with the
WCP.
31. Developer acknowledges that the City Council may, from time-to-time, modify water
conservation measures as technologies and/or programs change or become available. The
Developer shall modify the WCP to incorporate those new measures upon request of the
3 - 124
City, which are in effect at the time, prior to or concurrent with each map approval within
the Project. The new measures shall apply to development within all future map areas,
but shall not be retroactive to those areas, which receive final map approval prior to effect
of the subject new measures. The Developer acknowledges and agrees that the City has
adopted the City of Chula Vista WCP Guidelines as approved per Resolution No. 2003-
234 and that such guidelines as approved and as may be amended from time-to-time shall
be implemented.
ENVIRONMENTAL MITIGATION CONDITION
32. The applicant shall implement to the satisfaction of the Planning and Building
Department and the City Engineering Division the mitigation measures identified in the
Creekside Vistas Mitigated Negative Declaration (IS-06-008) and Mitigation Monitoring
and Reporting Program.
AFFORDABLE HOUSING REGULATORY AGREEMENT
33. The applicant shall enter into an agreement with the City of Chula Vista to guarantee the
construction and delivery of housing units affordable to low and moderate income
households prior to recordation of final map.
3 - 125
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA (I) ADOPTING MITIGATED NEGATIVE
DECLARATION (IS-06-008); (2) APPROVING A CONDITIONAL
USE PERMIT (pCC-06-26); (3) APPROVING DESIGN REVIEW
PERMIT (DRC-06-35); AND (4) APPROVING TENTATIVE MAP
(PCS-06-06) TO ALLOW THE CONSTRUCTION OF 167 MULTI-
FAMILY UNITS AND 3,793 SQUARE FEET OF COMMERCIAL
SPACE ON THE SITE AT 914-944 THIRD AVENUE
A. RECITALS
1. Project Site
WHEREAS, the parcel, which is the subject matter of this resolution, is represented in
Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of
general description is located at 912-944 Third Avenue, Chula Vista; and
2. Project; Applications for Discretionary Approval
WHEREAS, on November 1, 2005 a duly verified application for a Rezone (PCZ-06-04)
with a Precise Plan Standard, Design Review Permit (DRC~06-35), a Conditional Use Permit
(PCC-06-026), Precise Plan and Tentative Subdivision Map (pCS-06-06) was filed with the City
of Chula Vista on behalf of the applicant requesting a rezone, precise plan, conditional use
permit, design review and tentative map to enable the development of a 167-unit mixed use
residential project with 3,793 square feet of commercial retail space located at 912-944 Third
A venue ("Project"); and
WHEREAS, the Environmental Review Coordinator determined that, although the
proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because mitigation measures have been incorporated and agreed to
by the project proponent; and
3. Chula Vista Redevelopment Corporation and City Council Record on Application
WHEREAS, the Chula Vista Redevelopment Corporation (CVRe) held a duly noticed
public hearing to consider said application at the time and place as advertised, namely November
16, 2006 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Chula Vista
Redevelopment Corporation and said hearing was thereafter closed.
WHEREAS, the proceedings and all evidence introduced on this Application before the
Chula Vista Redevelopment Corporation at their public hearing held on November 16,2006, and
the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding; and
3 - 126
City Council Resolution No. 2006-
Page 2
WHEREAS, the Chula Vista City Council held a duly noticed public hearing to consider
said application on November 16, 2006 and after considering all evidence and testimony
presented recommended by a vote of x-x that the Chula Vista City Council adopt Mitigated
Negative Declaration (IS-06-008); approve Conditional Use Permit (PCC-06-026); approve
Design Review (DRC-06-35); and approve Tentative Subdivision Map (pCS-06-06).
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine, and resolve as follows:
B. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has constructed an Initial Study,
IS-06-008, in accordance With the California Environmental Quality Act. Based upon results of
the Initial Study, the Environmental Review Coordinator determined that the project could result
in 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
effects would occur; therefore, the Environmental Review Coordinator prepared a Mitigated
Negative Declaration, IS-06-008.
C. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council fmds that, in the exercise of its independent judgment, as set forth in
the record of its proceedings, the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program (IS-06-008), which is on file in the Planning and Building Department, has
been prepared in accordance with the requirements of the California Environmental Quality Act
(CEQA), and the Environmental Review Procedures of the City of Chula Vista; and that the
Project's environmental impacts will be mitigated by adoption of the Mitigation Measures
described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and
Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to
ensure that during Project implementation, the permittee/Project applicant, and any other
responsible parties implement the project components and comply with the Mitigation
Monitoring Program.
D. CONDITIONAL USE PERMIT FINDINGS
The City Council does hereby make the findings required by CVMC 19.14.080 for the issuance
of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary
basis that permits the stated fmdings to be made.
1. That the proposed use at the particular location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the neighborhood or
the community.
3 - 127
City Council Resolution No. 2006-
Page 3
The proposed project will enhance the livability of Chula Vista through the
creation and maintenance of a mixed-use project that will help promote the City
as a stable and economically and socially diverse community. A primary objective
of redevelopment is to use tax increment to address blighted conditions. The
property currently has an assessed value of approximately $800,000, according to
the County of San Diego tax rolls. Upon completion, the proposed project is
projected to have an assessed value of approximately $61 million, thus generating
an annual tax increment of approximately $600,000, which will directly benefit
the City of Chula Vista. In addition, the vacant property has been utilized by the
homeless as a camp area for many years. The proposed project will eliminate this
illegal activity and make the surrounding area much safer for the existing
residents, elementary school students, and church.
2. That such use will not, 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.
It is anticipated that the proj ect will not be detrimental to health, safety or general
welfare of persons residing or working in the vicinity. The project complies with
the adopted precise plan development standards for the site, which were approved
based upon the [mdings outlined in section 19.14.576 of the Chula Vista
Municipal Code.
3. That the proposed use will comply with the regulations and conditions specified in this
code for such use.
The project complies with all regulations of the CC zone as modified by precise
plan standards adopted for the subject parcel based upon section 19.14.576 of the
Chula Vista Municipal Code.
4. That the granting of this conditional use will not adversely affect the General Plan of the
City or the adopted plan of any government agency.
The granting of the conditional use permit for the proposed project would not
adversely affect the City's General Plan. This site is designated mixed-use
residential and the project would provide a mixed-use development of residential
and neighborhood serving commercial uses. The precise plan standards for the
project site would allow for the modification to the front yard setback from 25 feet
to 20 feet to allow clustering of the units in the podium building along Third
A venue, thereby creating a more urban pedestrian friendly design and retaining
the open space amenity along the west side of the project site.
3 - 128 .
City Council Resolution No. 2006-
Page 4
E. CONFORMANCE WITH CITY DESIGN MANUAL
The City Council does hereby find that the Project is in conformance with the City of Chula
Vista Design Manual, Landscape Manual and the requirements of the Zoning Ordinance and
hereby approves the Design Review Permit (DRC-06-35), subject to conditions of Exhibit B.
F. CONFORMANCE WITH SUBDIVISON MAP ACT
The City Council does hereby find that Project is in conformance with the City of Chula Vista
Subdivision Manual and hereby approves the Tentative Map (PCS 06-06), subject to conditions
of Exhibit C.
G. GOVERNMENT CODE SECTION 66020(d)(l) NOTICE
Pursuant to Government Code Section 66020(d)(l), NOTICE IS HEREBY GIVEN 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
procedure will bar any subsequent legal action to attack, review, set aside, void or annul
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 this 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.
H. !NV ALIDITY; 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, provisions, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall
be deemed to be automatically revoked and of no further force and effect ab initio.
BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby: I) Adopt
Mitigated Negative Declaration (IS-06-008); 2) Approve Conditional Use Permit (PCC-06-026),
subject to conditions of Exhibit B; 3) Approve Design Review Permit (DRC-06-35), subject to
conditions of Exhibit B; and 4) Approve Tentative Map (PCS-06-06), subject to conditions of
Exhibit C, for the development ofa I 67-unit mixed use residential project with 3,793 square feet
of commercial retail space at the site located at 912-944 Third Avenue.
Presented by:
Ann Hix
Acting Community Development Director
3 - 129
EXHIBIT A
San Diego
Country
Golf Course
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Creekside Vistas, LLC. C/o PROJECT DESCRIPTION:
C) APPLICANT: Douglas Wilson Companies. DESIGN REVIEW
. PROJECT 914-942 Third Av. Proposal is for 167 multi-family residential units and 4,000 sq. f1:
ADDRESS: of ground floor retail commercial.
SCAlE: FILE NUMI
l NORTH No Scale P( 3 - 130 P~6, PCC06-026, DRC4J6-35, 16-06-ll08
J:\planninglcarlosYocatorsIPCZ0604.cdr 05.26.06
EXHIBIT B
Design Review and Conditional Use Permit Conditions
Creekside Vistas Mixed-Use Development Project
914-944 Third Avenue
The Chula Vista City Council does hereby approve Design Review Permit DRC-06-35
subject to the following conditions:
1. The subject property shall be developed and maintained in substantial conformance with the
approved application, plans, and color and material board, except as modified herein.
2. Applicant shall submit all exterior lighting plans, landscape and irrigation plans, solid waste
and recycling plans for review and approval prior to the issuance of building permits.
3. Prior to leasing any retail space, the Developer shall submit written description for hours of
operation for the tenants of the retail/commercial uses to the Director of Community
Development for review and approval. The hours of operation shall be such that there is no
conflict with the residential units.
4. A graffiti resistant treatment shall be specified for all wall and building surfaces and shall be
noted on all building and wall plans prior to issuance of building permits.
5. The applicant/owner shall comply with all applicable federal, state, and local requirements,
and in any case where it does not comply, this permit is subject to modification or
revocation.
6. This permit shall become void and ineffective if not used or extended within one year from
the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code.
7. This permit shall be subject to any and all new, modified, or deleted conditions imposed
after approval of this permit to protect the public from a specific condition dangerous to its
health or safety or both due to the project, which condition(s) the City shall impose after
advance written notice to the permittee and after the City has given the permittee the right to
be heard with regard thereto. However, the City in exercising this reserved right/condition,
may not impose a substantial expense or deprive permittee of a substantial revenue source
which the permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
8. The applicant shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City, its Council members, officers, employees, agents, and representatives from and
against all liabilities, losses, damages, demands, claims, and costs, including court costs and
attorney's fees (collectively, liabilities) incurred by the City arising directly or indirectly
from a) City's approval and issuance of this permit, b) City's approval or issuance of any
other permit or action, whether discretionary or non discretionary, in connection with the use
contemplated herein, and without limitation, any and all liabilities arising from the operation
of the facility. Applicant shall acknowledge their agreement to this provision by executing a
copy of this permit where indicated below. The applicant's compliance with this provision
is an express condition of this permit and this provision shall be binding on any and all of the
applicant's successors and assigns.
3 - 131
PLANNING AND BUILDING DEPARTMENT CONDITIONS
9. The project shall comply with 2005 Energy Requirements, 2001 Handicap Accessibility
Requirements and SBI025.
10. The project shall comply with applicable codes and requirements, including but not limited to
2001 CBC, CFC, CMC, CPC, ADA, and 2004 CEC requirements.
II. The project shall comply with Table 5A, Table 5B, Section 503.4, Chapter 12,10 and 9 of
Building Code with regards to Area Limits, Height of the Building, Location of Property,
Special Occupancy Requirements, Ventilation, Exits and Sprinklers.
12. The project shall comply with Seismic Zone 4, wind speed 70 MPH exposure C, and other
codes in effect at the time of issuance of any permit.
13. All conservation measures contained in the Creekside Vistas Water Conservation Plan
(WCP) and Air Quality Improvement Plan (AQIP) shall be implemented.
14. All water conservation measures contained in the Creekside Vistas WCP shall be identified
on construction plans including hot water pipe insulation, pressure reducing valves, water
efficient dishwashers, water efficient landscaping and evapotranspiration (ET) controllers.
15. All air quality measures contained in the Creekside Vistas Air Quality Improvement Plan
including the specific building efficiency program to be used shall be identified on
construction plans.
16. The applicant shall secure access to and continued monitoring of open space/creek bed areas
to ensure transients will not return to the site.
17. The applicant shall implement to the satisfaction of the Planning and Building Department
and the City Engineering Division the mitigation measures identified in the Creekside Vistas
Mitigated Negative Declaration (IS-06-008) and Mitigation Monitoring and Reporting
Program.
FIRE DEPARTMENT CONDITIONS
18. Five (5) hydrants (24' fire roadway access/turnarounds) shall be required along with a full
NFP A 13 commercial fire sprinkler system and full fire alarm monitoring system.
19. The applicant shall provide a water study to determine if adequate pressure is available for
the project and if a fire pump will be required.
20. The applicant shall provide Fire Department standpipes. Refer to Table 1004-A of the CFC
2001.
3 - 132
GENERAL SERVICES DEPARTMENT CONDITIONS
21. The applicant shall develop and submit a Recycling and Solid Waste Management Plan to the
Environmental Services Program Manager for review and approval as part of the permit
process.
22. The applicant shall contract with the City's franchise hauler throughout the construction and
occupancy phases of the project.
OTHER CONDITIONS
23. All water meters and public water facilities shall be located in the public right-of-way on
Third Avenue. The private onsite fire hydrants and fire services for the building sprinklers
will be served by private fire services located in the public right-of-way.
24. The applicant shall provide a site plan, street improvement plan, irrigation plan, plumbing
plan, fire sprinkler plans to the Sweetwater Authority.
25. The applicant shall provide a letter to the Sweetwater Authority from the City Fire
Department stating fire flow requirements.
26. Any new and existing water services to serve the proposed project shall require the
installation of an approved double check detector check backflow assembly on that system.
27. The applicant shall provide the Chula Vista Elementary School District with a copy of an
approved tentative map when the project is approved.
3 - 133
EXHIBIT C
Tentative Map Conditions
Creekside Vista Mixed-Use Development Project
912-944 Third Avenue
The City Council of the City of Chula Vista hereby approves Tentative Map PCS-06-06 subject
to the following conditions.
Prior to approval of the final map, unless otherwise indicated, Developer shall comply with the
following:
CONDITIONS RELATED TO THE GRADING AND DRAINAGE
1. All onsite drainage facilities shall be private.
2. Developer shall submit a detailed grading plan in accordance with the Chula Vista
Grading Ordinance before issuance of any building permits. Details such as type, cross
sections, and profiles of all the proposed retaining walls shall be shown on the grading
plans for City's review and approval.
3. Developer shall 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. If the post-development flows exceed the pre-development flows, the
study shall include calculations sizing proposed detention system(s). 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 IOO-year storm.
4. Developer shall 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.
5. Developer shall provide an irrevocable offer of dedication (laD) for drainage and other
public purposes to the City of Chula Vista from the project boundary to lOO-year flood
plain limits. This laD must be shown and recorded on the final map. An encroachment
permit shall be obtained from the City for all the proposed improvement and resulting
maintenance work within the laD.
CONDITIONS RELATED TO NPDES
6. Developer shall install high efficiency Treatment Control Best Management Practices
(BMPs) devices upstream of all five outfalls. Such devices may include media filtrations
systems. According to the Chula Vista Standard Urban Storm Water Mitigation Plan
(SUSMP), filter inserts are not considered high efficiency Treatment Control BMPs.
3 - 134
7. Developer shall clarify the function and location of the proposed underground detention
facility.
8. Developer shall enter into an agreement prior to fmal map recordation to fully implement
NPDES best management practices ("BMPs") to reduce the amount of pollutants entering
the city's storm water conveyance system, including but not limited to:
a. 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
iii. 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.
b. Employing integrated pest management principles. More specifically, eliminate
and/or reduce the need for pesticide use by implementing Integrated Pest
Management (IPM), including: (1) planting pest-resistant or well-adapted plant
varieties such as native plants; (2) discouraging pests in the landscaping design;
(3) distributing IPM 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
PUBLIC IMPROVMENTS
9. Developer shall provide an improvement plan showing all existing and proposed public
improvements such as driveways, curb, gutter, sidewalk for City's review and approval.
Proposed driveways shall be constructed per ADA requirements and per City of Chula
Vista Design Standards. Developer is responsible for replacing any broken sidewalk
along the project frontage. Developer shall secure any required improvements prior to
fmal map approval.
10. Access to all existing or proposed public sewer manholes shall be provided and shown on
the grading and improvement plans. Specifically, the existing manhole located at the end
of the southerly driveway need to have access for maintenance vehicles. Paved access to
within five feet of this manhole on a relatively flat surface is required. This manhole
shall be replaced with a watertight manhole, since it is located on the path of drainage.
11. Paved access to existing and proposed public sewer systems with manholes shall be
designed for a minimum Traffic Index (TI) equal to 5.
3 - 135
PRIVATE OR ONSITE IMPROVMENTS
12. Developer/Owner shall establish a homeowners association to fund and oversee a
contract for the maintenance of the onsite private sewer system. The frequency of
maintenance of the sewer system shall be contained in the provisions of the Codes,
Covenants & Restrictions (CC&Rs). The City Engineer and Director of Public Works
shall approve the provisions of the CC&Rs regarding the onsite private sewer system.
13. Streets within the development shall be private.
14. No private or public improvements are allowed within the 100-year floodway.
CC&R'S
15. Developer shall submit CC&R's as approved by the City Attorney to the City Engineer
and Director of Planning and Building for approval prior to approval of the [mal map.
Said CC&R's shall include the following:
. Indemnification of City for private sewer spillage.
. Listing of maintained private facilities.
. The City's right but not the obligation to enforce CC&R's.
. Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the first mortgage oblique have signed a written
petition.
. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
. Compliance with the approved solid waste plan.
Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the final map.
16. Developer shall submit homeowners association (HOA) budget for review and approval
by the City Engineer for the maintenance of private streets, storm drains and sewage
systems. Said budget shall include the following maintenance activities:
. Streets must be sealed every 7 years and overlaid every 20 years.
. Sewers must be cleaned once a year with a contingency for emergencies.
. Red curbs / striping must be painted once every three years.
EASEMENTS
17. Developer shall grant an easement for the purposes of maintaining proposed public sewer
lines to City. This easement shall be shown on the final map.
18. All existing easements and irrevocable offers of dedication shall be shown on the [mal
map. A title report dated within 60 days of submittal of the [mal map shall be submitted
3 -136
together with backing documents for all existing public utility easements and offers of
dedication. Developer shall submit evidence of noticing to all existing public utility
easement holders within the project boundaries as required by the Section 66436 of the
Subdivision Map Act.
AGREEMENTS
19. Developer shall enter into an agreement for the following;
· 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, including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees wit regard to this subdivision
pursuant to Section 66499.37 of the State 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.
· Agree to hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
· 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
MISCELLANEOUS
20. Developer shall pay the following fees based on the final building plans submitted:
a) Sewer Connection and Capacities fees
b) Development Impact Fees
c) Traffic Signal Fees
21. Developer shall tie the boundary of the subdivision to the California System-Zone VI
(NAD '83).
22. Developer shall submit copies of the Final Map, grading plans, and improvement plans 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 Y:z HD floppy disk prior to the approval of the
Final Map.
3 - 137
23. Developer shall submit a conformed copy of a recorded tax certificate covering the
property prior to approval of the Final Map.
PARK AND DEVELOPMENT (GENERAL SERVICES)
24. Prior to the approval of any final map, (or, prior to issuance of any building permit for the
final map for the project,) the Developer shall pay all applicable Parkland Acquisition
and Development Fees (PAD fees) at the rates in effect at the time of approval of the map
or building permit in accordance with C.V.M.C. Chapter 17.10.
WATER CONSERVATION PLAN/AIR OUALITY IMPROVEMENT PLAN
25. Developer shall implement all conservation measures contained in the Creekside Vistas
Water Conservation Plan (WCP) and Air Quality Improvement Plan (AQIP).
26. All water conservation measures contained in the Creekside Vistas WCP shall be
identified on construction plans including hot water pipe insulation, pressure reducing
valves, water efficient dishwashers, water efficient landscaping and evapotranspiration
(ET) controllers.
27. All air quality measures contained in the Creekside Vistas AQIP including the specific
building efficiency program to be used shall be identified on construction plans.
28. Developer shall implement the final AQIP measures as approved by the City Council,
and as may be amended from time to time, and to comply and remain in compliance with
the AQIP.
29. Developer acknowledges that the City Council may, from time-to-time, modify air
quality improvement and energy conservation measures as technologies and/or programs
change or become available. The Developer shall modify the AQIP to incorporate those
new measures upon request of the City, which are in effect at the time, prior to or
concurrent with each map approval within the Project. The new measures shall apply to
development within all future map areas, but shall not be retroactive to those areas, which
receive final map approval prior to effect of the subject new measures. The Developer
acknowledges and agrees that the City has adopted the City of Chula Vista AQIP
Guidelines as approved per Resolution No. 2003-260 and that such guidelines as
approved and as may be amended from time-to-time shall be implemented.
30. Developer shall implement the final WCP measures as approved by the City Council, and
as may be amended from time to time, and to comply and remain in compliance with the
WCP.
31. Developer acknowledges that the City Council may, from time-to-time, modify water
conservation measures as technologies and/or programs change or become available. The
Developer shall modify the WCP to incorporate those new measures upon request of the
3 - 138
City, which are in effect at the time, prior to or concurrent with each map approval within
the Project. The new measures shall apply to development within all future map areas,
but shall not be retroactive to those areas, which receive final map approval prior to effect
of the subject new measures. The Developer acknowledges and agrees that the City has
adopted the City of Chula Vista WCP Guidelines as approved per Resolution No. 2003-
234 and that such guidelines as approved and as may be amended from time-to-time shall
be implemented. .
ENVIRONMENTAL MITIGATION CONDITION
32. The applicant shall implement to the satisfaction of the Planning and Building
Department and the City Engineering Division the mitigation measures identified in the
Creekside Vistas Mitigated Negative Declaration (IS-06-008) and Mitigation Monitoring
and Reporting Program.
AFFORDABLE HOUSING REGULATORY AGREEMENT
33. The applicant shall enter into an agreement with the City of Chula Vista to guarantee the
construction and delivery of housing units affordable to low and moderate income
households prior to recordation of fmal map.
3 - 139
ORDINANCE NO. 2006-
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A
REZONE (PCZ-06-04) FROM S90 ZONE TO CENTRAL
COMMERCIAL PRECISE PLAN (CC-P) ZONE AND
ESTABLISHING A PRECISE PLAN MODIFYING STANDARD
FOR A 3.6-ACRE PORTION OF A 5.5-ACRE SITE LOCATED AT
912-944 THIRD AVENUE
RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically
represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of
general description herein consist of3.6 acres ofa 5.5 acre site located at 912-944 Third Avenue,
within the Merged Chula Vista Redevelopment Project ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on November 1,2005 a duly verified application for a Rezone (PCZ-06-04)
with a Precise Plan Modifying Standard, I)esign Review Permit (DRC-06-35), a Conditional Use
Permit (PCC-06-026), and Tentative Subdivision Map (pCS-06-06) was filed with the City of
Chula Vista on behalf of the Douglas Wilson Companies ("Applicant") to enable the
development of a 167-unit mixed use residential project with 3,793 square feet of commercial
retail space located at 912-944 Third Avenue ("Project"); and
WHEREAS, the Environmental Review Coordinator determined that, although the
proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because mitigation measures have been incorporated and agreed to
by the project proponent; and
WHEREAS, on November 14, 2006, the City Council adopted Mitigated Negative
Declaration (IS-06-008) for the Project; and
C. Planning Commission and Chula Vista Redevelopment Corporation Record on
Application
WHEREAS, the Planning Commission set the time and place for an advertised public
hearing on said 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 boundary of the project, at least ten (10) days prior to the hearing;
and
WHEREAS, the Planning Commission held an advertised public hearing on the project
on October 25, 2006, at 6 p.m. in the City Council Chambers at 276 Fourth Avenue, and after
3 - 140
Ordiriance No. PCZ -06-04 and Precise Plan Standards
Page 2
hearing staff presentation and public testimony, voted 6-0 to recommend that the City Council
approve Rezone and Precise Plan, in accordance with the findings listed below; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on this project held on October 25, 2006, and the minutes and
resolution resulting there from, are hereby incorporated into the record of this proceedings; and
WHEREAS, the Chula Vista Redevelopment Corporation held an advertised public
hearing on this Project on November 16, 2006 and voted to recommend that the City Council
approve the Rezone and Precise Plan, in accordance with the findings listed below; and
WHEREAS, the proceedings and all evidence introduced on this Project before the Chula
Vista Redevelopment Corporation at their public hearing held on November 16, 2006, and the
minutes and resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding; and
D. City Council Record on Application
WHEREAS, a duly called and noticed public hearing on the Rezone and Precise Plan was
held before the City Council of the City of Chula Vista to receive the recommendations of the
Planning Commission and the Chula Vista Redevelopment Corporation, and to hear public
testimony with regard to the same.
WHEREAS, the City Council held an advertised public hearing on the project on
November 16, 2006, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after
hearing staff presentation and public testimony, .the Council voted x - x to approve the Rezone
and Precise Plan in accordance with the findings listed below.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine, and resolve as follows:
Discretionary Approval and Ordinance
A. REZONE
The rezoning provided for herein is consistent with the City of Chula Vista General Plan,
public necessity, convenience and the general welfare and good zoning practice support the
amendments to the Municipal Code. The proposed CCP zone would provide an implementing
zone for the existing Mixed Use Residential (MUR) designation of the City's 2005 General Plan,
and will contribute to the public convenience and general welfare by further assisting the City's
efforts to satisfy the goals and objectives of the General Plan Land Use and Transportation (LUT)
Policy 41.6 for this area and the goals and objectives of the Amended and Restated
Redevelopment Plan (2004) regarding the removal of blight and physical improvement to this
area of the redevelopment project area.
3 -141
Ordinance No. pez -06-04 and Precise Plan Standards
Page 3
B. PRECISE PLAN FINDINGS
The CVRC does hereby make the findings required by CVMC 19.14.576 for the
establishment of a Precise Plan Modifying District and Standard, as herein below set forth, and
sets forth, there under, the evidentiary basis that permits the stated findings to be made.
1. That such plan will not, 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 proposed CCP zone is consistent with the existing Mixed Use Residential
(MUR) designation of the City's 2005 General Plan, and will contribute to the
public convenience and general welfare by further assisting the City's efforts to
satisfy the goals and objectives of the General Plan Land Use and Transportation
(LUT) Policy 41.6 for this area and the goals and objectives of the Amended and
Restated Redevelopment Plan (2004) regarding the removal of blight and physical
improvement to this area of the redevelopment project area. The site is also
surrounded by existing urban and pedestrian-oriented uses such as commercial
retail uses, a church, elementary school, hospital and high-density residential uses.
2. That such plan satisfies the principle for the application of the P
modifying district as set forth in CVMC 19.56.041.
The purpose of the Precise Plan modifying district ("P" modifier) is to allow
diversification in the spatial relationship of land uses, density, buildings,
structures, landscaping and open spaces, as well as design review of architecture
and signs through the adoption of specific conditions of approval for development
of property in the city. Within the boundaries of the "P" modifying district, the
location, height, size and setbacks of buildings or structures, open spaces, signs
and densities indicated on the precise plan shall take precedence over the
otherwise applicable regulations of the underlying zone. Pursuant to CVMC
19.56.041, the "P" modifying district may be applied to areas within the city when
one or more circumstances are evident including:
"The subject property, or the neighborhood or area in which the property
is located, is unique by virtue of topography, geological characteristics,
access, configuration, traffic circulation or some social or historic
situation requiring special handling of the development on a precise plan
basis. "
The precise plan modifying district has already been established on a portion of
the site (1.9 acres) and the project proposes to rezone the remainder of the site
(3.6 acres) to CC with a "P" modifier (CC-P). The subject property is unique by
virtue of its topography and unusual lot configuration. Although the site has over
a 400-foot frontage along Third Avenue, the depth of the lot varies from 280-feet
to 515- feet, creating an unusually configured lot. The site also includes a drainage
3 - 142
Ordinance No. PCZ -06-04 and Precise Plan Standards
Page 4
channel that runs along the west property boundary. The drainage channel creates
a topographic elevation differential of 30 feet from the east to west property
boundaries and environmental constraints on the project site. Therefore, the
precise plan is considered to satisfy the principle for the application of the "P"
modifying district.
3. That any exceptions granted which deviate from the underlying zoning
requirements shall be warranted only when necessary to meet the purpose
and application ofthe P precise plan modifying district.
Within the boundaries of the "P" modifying district, the location, height, size and
setbacks of buildings or structures, open spaces, signs and densities indicated on
the precise plan shall take precedence over the otherwise applicable regulations of
the underlying zone. The applicant has requested that the precise plan modifying
district (P) be applied to the project site to allow a reduced front yard setback.
While the proposed Precise Plan standards would deviate from the adopted
Zoning Ordinance the site design would be compatible with surrounding land uses
as described below.
The proposed zoning ordinance deviation would allow a reduced front yard
setback (25-feet required vs. 20-feet proposed) to allow clustering of the units in
the podium structure along the eastern property boundary while retaining the open
space/drainage channel configured along the project's western boundary. The
currently degraded drainage channel is proposed to be enhanced and incorporated
as an open space amenity of the project. Limited access, in the form of viewing
areas and seating, is proposed along the upper edge of the open space/drainage
channel.
In addition, the eXIStIng setback standards are more reflective of suburban
development standards which typically emphasize buildings set back behind a
landscaped/parking area. The proposed precise plan development standards will
allow reduced building setbacks which are conducive with the above stated goals
of encouraging a mixed-use project which is in keeping with the goals of
achieving a more urban, pedestrian-oriented project.
The reduction in building setbacks will allow: I) the commercial component of
the proj ect to be located close to the sidewalk along Third Avenue, thereby
achieving the pedestrian oriented nature of the project; and 2) allow for a better
balance between open space and buildings on the lot. Larger open space areas as
well as pedestrian corridors can be provided between and adjacent to building
structures while, at the same time, maintaining the desired density of the project.
Due to the orientation of existing development on adjacent properties, no negative
impact is anticipated as a result of the proposed setback reductions.
4. That approval of this plan will conform to the general plan and the
adopted policies of the City of Chula Vista.
3 - 143
Ordinance No. pez -06-04 and Precise Plan Standards
Page 5
With the recent update of the General Plan, the Montgomery Specific Plan was
repealed and replaced with a new vision for the Southwest area of the City. The
development proposal would implement the General Plan Land Use and
Transportation (LUT) Policy 41.6 and 41.9 for this area, which states:
"Encourage multi-family with limited retail in the area designated as Mixed Use
Residential south of L Street and west of Third Avenue. " and;
"In the South Third Avenue District, residential densities within the Mixed Use
Residential designation are intended to have a district-wide gross density of 30
dwelling units per acre. "
The project proposes a mixed-use residential development consisting of 167 units
and 3,793 square-feet of retail space on 5.5-acres. The residential density of 30
dwelling units per acre is consistent with the City's General Plan policy for the
site. The residential density would provide a more urban, pedestrian-oriented
project design that would be compatible with that of the surrounding land uses.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby approve the following:
A. The re-zone of3.6-acre portion of site from S90 to CC-P. The City ofChula Vista
Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is
hereby amended to rezone the site as depicted in Exhibit "B" from S90 to CCP.
B. Precise Plan and Modifying Standard. The Precise Plan Standard is hereby
adopted and supported by the required fmdings (CCVMC 19.56.041), as outlined above.
EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its second
reading.
Presented by
Approved as to form
Ann Hix
Acting Community Development Director
3 - 144
EXHIBIT A
San Diego
Country
Golf Course
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Creekside Vistas, LLC. C/o PROJECT DESCRIPTION:
C) APPLlCANl: Douglas Wilson Companies. DESIGN REVIEW
~ PROJECT 914-942 Third Av. Proposal is for 167 multi-family residential units and 4,000 sq. fe
ADDRESS: of ground floor retail commercial.
I SCALE: FILE NUMBER:
NORTH No Scale PCZ..{ 3 - 145 06-06, PCCIllHl26, DR(;'{)6-35, 15-06-008
J:\planning\carlos\locators\PGZ0604.cdr 05.26.06
. EXHTBlTlJ.
Creekside Vistas Proposed Rezone
PCI-06-04
Chule Vista Redevelopment Corporation/City Council Meeting
I November 16,2006
. 3 -146
N