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HomeMy WebLinkAbout2007/04/24 RDA Item 1 PAGE 1, ITEM NO.: MEETING DATE: 04/24/07 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM TITLE: PUBLIC HEARING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER THE FOLLOWING APPLICATIONS FILED BY NAHUM MENDOZA, ALEJANDRO SANCHEZ, AND ROGER CAO-ROMERO, FOR 1.92 ACRES KNOWN AS MARSELLA VILLAS: (1) PCZ 06-05; Rezone from R-2-P, One and Two Family Residence, Precise Plan to R-3-P, Apartment Residential, Precise Plan zone, and amending the adopted Precise Plan Modifying District to include Precise Plan Development Standards; and (2) PCM-07-15; Establishment of a Precise Plan for the site; and (3) DRC-06-027 and DRC-06-028; Approval of a Design Review Permit to build 40 attached townhouse units on a 1.65 acre portion of the site; ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS- 06-005, AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING THREE PARCELS LOCATED AT 778, 780, 790, 792, 794, 808 AND 812 ADA STREET FROM R-2-P (ONE AND TWO FAMILY RESIDENTIAL, PRECISE PLAN) TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN), ADOPTING PRECISE PLAN STANDARDS, AND ESTABLISHING A PRECISE PLAN FOR THE PARCELS; RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE . DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-06-005, AND APPROVING DESIGN REVIEW PERMIT DRC-06-27 & 28 TO CONSTRUCT 40 TOWNHOMES ON TWO PARCELS LOCATED AT 778, 780, 790, 808 AND 812 ADA STREET WITHIN THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA (SOUTHWEST AREA). 1-1 PAGE 2, ITEM NO.: MEETING DATE: 04/24/07 SUBMlnED BY: PLANNING AND BUILDING DIRECT REVIEWED BY: ACTING CITY MANAGER EXECUTIVE DIRECTOR j! 4/STHS VOTE: YES D NO 0 BACKGROUND The Project requests approval of three applications for the 1.92 acre site, located at 778-812 Ada Street (the "Project Site") including a rezone, precise plan and design review permit. The site is located within the Palomar Gateway Planning area, which was formerly a part of the Montgomery Specific Plan. An existing "P"- Precise Plan Modifying District, covers the site. Both were adopted in January of 1990, and pre-date the most recent amendment of the General Plan. The original intent of the Precise Plan Modifying District was to enable discretionary review of development to implement the requirements of the Montgomery Specific Plan, however, detailed development standards were not established at the time. The Specific Plan was repealed by the City Council in December 2005, but the P-Modifying District remains. In May of 2004, the Merged Chula Yista Redevelopment Area was created, which included the Project Site in the expanded the City Redevelopment Areo (Southwest Area). As of January 2006, all Redevelopment quasi-judicial applications are required to go through a new process involving the newly created Redevelopment Advisory Committee (RAC) and ultimately the Chula Yista Redevelopment Corporation (CYRC) for final review and approval. However, applications for this Project were submitted prior to the creation and operation of the RAC and CYRC, and hove been presented to the DRC to obtain input and direction. Based on City policy to smoothly transition Projects from the former system to the new RAC/CYRC process, this Project is being processed under the old plonning / environmental process. The Rezoning and Precise Plan applications require a legislative action, and therefore, must follow the standard Planning Commission and City Council process. The Design Review application is quasi-judicial i.e., a permit, and is subject to final Redevelopment Agency approval. The recommendations of the Planning Commission, the Design Review Committee, and the Resource Conservation Commission are being transmitted to the City Council and Redevelopment Agency for their consideration. In December 2005, the General Plan designation for the Project site was amended from Residential-Low Medium (3-6 dwelling units per acre) to Mixed-Use Transit Focus Area, and the site included in the future Palomar Gateway District, which anticipates preparation of a future Specific Plan or Master Plan for the orea. The preparation of this Specific Plan/Master Plan has not commenced yet. 1-2 PAGE 3, ITEM NO.: MEETING DATE: 04/24/07 The General Plan also prescribes the adoption of a Specific Plan to guide the development of this planning area. However, the Proiect was submitted prior to the adoption of the General plan update, which at that time contained draft goals and obiectives for this area, including a vision plan. Based on the draft policies of the draft General Plan Update, staff agreed to process the application with the caveat that an urban designer be retained by the City, as an extension of staff, and paid by the applicant to translate the then draft general plan goals and objectives for this area into an urbon design strategy. The urban design strategy was necessary to insure that development proposal is consistent with the General Plan. Staff and the property owners hired the land use consultant Downtown Solutions to prepare the urban design strategy, entitled "Palomar Gateway TaD District Conceptual Development Strategy". This document, while not formally adopted by the City, provides an expert analysis of how transit-oriented design guidelines can be applied to the Palomar Gateway District. The urban design strategy seeks to: (1) Strengthen the Palomar Gateway's role as the southern entrance into the City by enhancing the Palomar Street 1-5 freeway overpass and Palomar Street between 1-5 and its intersection with Industrial Boulevard; (2) Cluster housing, neighborhood retail and services, and parks around the Palomar Trolley Station; and (3) Develop the Palomar Gateway as an activity carridor by improving pedestrian connections; and (4) Identify a number of urban design features to achieve the transit and pedestrian oriented goals of the General Plan. The features that apply to the development proposal include; a mid-block pedestrian passage way from Ada to Palomar Street, higher densities, open space and multi-family housing design recommendations to promote the use of the public transportation and a pedestrian friendly neighborhood. Although a specific plan has not been prepared for the planning area, as prescribed in the General Plan, the development proposal observes the urban design strategy that provides the initial components to build a very cohesive neighborhood. In staff's opinion, the Project sets a positive precedent for implementation of the new General Plan goals ond objectives and for the revitalization of the neighborhood. The Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-005, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the Project could result in significant effects on the environment. However, revisions to the Proiect made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant 1-3 PAGE 4, ITEM NO.: MEETING DATE: 04/24/07 effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-005 (see Attachment 4). RECOMMENDATION Staff recommends that: (1) The City Council adopt the attached ordinance adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 15-06-005, and approving Rezone PCI-06-005, and Precise Plan PCM-07-15, based on the findings and subject to the conditions contained in the ordinance; and (2) The Redevelopment Agency adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-06-005, and approve Design Review Permit DRC. 06-027 & 28, based on the findings and subject to the conditions contained in the attached Redevelopment Agency Resolution. BOARDS/COMMISSIONS RECOMMENDATION On April 16, 2006, the Resource Conservation Commission voted 7-0-0-0 to find that Initial Study IS.06-005 was adequately prepared, and recommended that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-06.005, and On March 21, 2007, the Planning Commission considered the Rezone and Precise Plan applications, and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-06-005, and voted 7-0-0 to recommend that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS.06-005, Rezone, and Precise Plan; and On February 5, 2007, the Design Review Committee considered the Design Review application and Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-06- 005, and voted 5-0-0 to recommend approval to the Redevelopment Agency. Additional comments were received from the public subsequent to the 30-day Mitigated Negative Declaration review period. These comments have been addressed in the Public Comments and Staff Reponses attachment (see Public Comments and Staff Responses, Attachment 7). DISCUSSION PROJECT SITE CHARATERISTICS 1-4 PAGE 5, ITEM NO.: MEETING DATE: 04/24/07 The Project Site consists of three contiguous parcels totaling 1.92-acres on the north side of Ada Street between Frontage Rood and Industrial Boulevard (see Locotor, Attachment 1). The Project Site is level and presently contains nine occupied and vacant single-family detached homes on three separate parcels. The immediate neighborhood includes a mixture of older single -family homes and multi-family development, including duplexes and townhomes. Surrounding uses are as follows: Current land Use General Plan Zani no Site: North: South: East: West: Single-family homes Vacant / Mobile Homes Single and Multi family homes Multi-family homes Single-family homes Mixed Use Transit Focus Area Mixed Use Transit Focus Area High Density Residential Mixed Use Transit Focus Area Mixed Use Transit Focus Area R-2-P (proposed R-3-P) C-T-P R-2-P R-2-P R-3 PROJECT DESCRIPTION The Project requests approval of three applications for the site, including a rezone, precise plan and design review permit, as follows: (1) The rezone requests a change from R-2-P, One and Two Family Residence with a Precise Plan Modifying District, to R-3-P, Apartment Residential with a Precise Plan Modifying District; for the Project Site; (2) Amendment to the Precise Plan Modifying District to establish development standards for the Project site, including maximum floor area, building height, front and rear yard building setbacks, building type, open space, vehicular and pedestrian access, fencing and parking; (3) Approval of a Precise Plan for a 1.65 acre portion of the Project site known as Marsella Villas; (4) Approval of a Design Review Permit to build 40 attached townhouse units on the 1.65 acre portion of the site. REZONE In recommending approval of the requested Rezone, staff relies on the following points: The Generol Plan designation for the site is Mixed Use Transit Focus Area, which permits mixed- use residential/commercial development. The Mixed Use T ronsit Focus Area allows rezoning of the site from R-2-P to R-3P. The General Plan includes policies that direct the future Specific Plan or Master Plan to include design guidelines or zoning to establish the following uses and standards for the Mixed Use Transit Focus Area, including: 1-5 PAGE 6, ITEM NO.: MEETING DATE: 04/24/07 . High-density residential within walking distance of regional transit facilities (trolley and bus service). A district-wide gross residential density of 40 dulacre is envisioned; . Mixed uses with residential above cammercial and office; . Building heights in the Mixed Use Transit Focus Area are anticipated to be low to mid rise; · Establish pedestrian connections and support services for residents and transit station users (see Attachment 6, General Plan Goals and Objectives). The property to the north of the Project site is the 5.3-acre "Pumpkin Patch" property. This site is also designated Mixed-Use Transit Focus Area. It is envisioned by the City to be one of the key properties in implementing the Palomar Gateway District's vision for transit-oriented development. To achieve the goals of the General Plan, as suggested by the Urban Design Strategy, it is important that pedestrian access connections be preserved from the Project to this site, thus, staff recommends easements to ensure future vehicular and pedestrian access between the Pumpkin Patch site and Site B of the Project site. The trolley station is located less than V. of a mile (approximately 900 feet) east of the Project site, within easy walking distance. Since research has shown that high-density housing and appropriate office and commercial uses adiacent to transit lines will generate ridership that supports transit and eliminates vehicle trips, the Proiect site is ideal site for higher residential densities. Although the overall density of the Proiect at 25 dulacre is less than the 40 dwelling unit per acre density targeted by the Transit Foucus Area designation, it is still consistent with the General Plan policies because the 40 dwelling unit per acre density is an overall target density for the Palomar Gateway District. It is envisioned that some properties such as Marsella Villas will develop at slightly lower densities while others such as the Pumpkin Patch will develop at higher densities, to attempt achieve an overall density of 40 du/acre. Also, a gradual lowering of density is envisioned southerly from the Pumpkin Patch and Trolley Station areas. The City has not adopted a high-density residential or mixed-use zone that can accommodate 40 dwelling units per acre at this time; therefore, the R-3 -P zone is most appropriate. The maximum theoretical density achievable using the R-3-P zone and 3 bedroom units proposed for this site is 26 units per acre. The rezone is necessary to come as close as possible to the 40 dwelling unit per acre density envisioned by the General Plan Goals and Obiectives. After considering all of the above factors, staff has concluded that proceeding with a rezone to R- 3-P prior to the adoption of the future Specific Plan, is the most effective way to establish higher density residential development standards in a manner that complies with the City's updated General Plan policies and Zoning Ordinance. Furthermore, application of the amended Precise Plan guidelines is appropriate because the underlying R-2-P zone regulation does not allow multi- family development standards needed to achieve higher -density residential Project design. PRECISE PLAN MODIFYING DISTRICT 1-6 PAGE 7, ITEM NO.: I MEETING DATE: 04/24/07 The existing Precise Plan - "P" Modifying District was adapted with the rezoning of the area in 1990, and did not include development standards. Therefore, staff recommends establishment of the proposed precise plan guidelines to permit modified R-3 development standards more typical of higher density, pedestrian-oriented residential development. These development standards will permit reduced setback areas in exchange for a centralized common open space area, increased building heights, and vehicle and pedestrian connections to off-site properties. The precise plan standards will apply to the entire 1.92 acre site, and will facilitate not only the development of Sites A and B, for which the Design Review opplicotion is proposed, but also the future re- development of Site C. The proposed precise plan guidelines, which will act as the modified R-3- P Zoning Standards for the Project area, are listed inthe following table: Precise Plan Development Standards Maximum Floor Area Per Unit: 2,400 sq. ft. (includin>l >lara>le) Minimum Building Setbacks: Front: 5 feet (public street) Side: 10 feet (east/west property line) Rear: 7 feet (north property line) Building to Building: Side: 1 0 feet Driveway: 28 feet Building Height: 35 feet / 3 stories (Measured to mean height level between eave and rid>le - per CVMC 19.04.0381 Building Type: Dwellings, Townhouses Open Space 400 square-feet of common useable open space per 2-bedroom unit, with a 20% Increase In common useable open space for each additional bedroom. 60 square feet of private open space per unit. Pedestrian Access: Min. 20 foot wide pedestrian access easement including a 5-foot wide public sidewalk at the common boundary of Site B (778-780 Ada) & Site C (792-794 Ada) connecting the northerly property to Ada Street. Vehicular Access: A 24 ft. wide reciprocal private street easement from 778-780 Ada St. to the northerly property. 1-7 PAGE 8, ITEM NO.: MEETING DATE: 04/24/07 A 24 ft. wide reciprocal private street easement I from Ado St. to the rear of 792-794 Ada Street. Fencing: Decorative stucco or wood fencing is required. Maximum height is 5 feet, except 3-1/2 ft in setback areas adjacent ta a street. Parking Standards: Residential: 2.0 garage spaces per unit 2-car garage: Min. area: 400 sq. ft. Min. width (exteriorl: 20 ft. Access: To encourage a logical development pattern for Site C, vehicular access will be provided by the driveway on Site A to the west, and pedestrian access via the north-south public pedestrian connection on Site B to the east (see Precise Plan, Attachment 2). Therefore, a 24 foot wide reciprocal vehicular access/utility easement across Site A, and a 20-foot wide pedestrian access easement, including a 5 ft. wide sidewalk, on the common boundary of Sites Band C will be required. This easement will narrow to 10 feet on the west side of Site B north of Site C. This will provide the future pedestrian connection from Ada Street to the Pumpkin Patch property, envisioned by the Urban Design Strategy. These easement will be included on the Precise Plan. After development of the Pumpkin Patch property, a through street is envisioned to connect the two sites. This will provide convenient access to services for the neighborhood residents, and an additional full access for police and fire department response. However, it is not presently designed to comply with public road standards, and therefore would have to comply with private street standards. To accomplish this connection, staff recommends including a standard in the Precise Plan guidelines requiring granting of a reciprocal access easement for a future private street connecting the two sites. Reasons for Recommendation: The Precise Plan standards will have a positive impact on the surrounding neighborhood because the proposed standards allow the applicant to design a Project that implements the Transit Focus Area of the General Plan by providing multi-family development standards that are consistent with higher density residential and transit-oriented mixed-use development planned for the area. Such standards will allow the flexibility in establishing new building height and setback regulations that will permit construction of attached town-home dwelling units with garages, private balconies, and common open space. Also, the required pedestrian connections to adjacent properties are necessary to encourage the transitions from existing duplex and single- family development to higher density, transit-oriented residential and mixed-use development. Common open space will be transferred from traditional front and rear yard setback areas, to be clustered in the'central areas of the site for use as tot lots and recreation oreas. The Project as a 1-8 PAGE 9, ITEM NO.: MEETING DATE: 04/24/07 whole will olso include design features such as walls, fencing, architecture and landscaping that will be designed to support the pedestrion-oriented design, so that the units will address the streets and sidewalks where appropriate. Therefore, staff recommends approval of the amendment of the Precise Plan Modifying District. PRECISE PLAN The Precise Plan is a plan regulating the future development of the site, which implements the Precise Plan Development Standards via approval of the Design Review Permit. The plan includes site improvements such as the building architecture, vehicle and pedestrian access, landscape and recreation areas. It also shows the public pedestrian and private street easements necessary to facilitate future access. The Project proposes approval of a Precise Plan for the 1.65 acre sites A and B, and is consistent with the Design Review Plans. The Precise Plan designates site C as a future development area. An amendment of the Precise Plan Map and filing of a Design Review Application showing the ultimate development of Site C is required prior to development of this property. The applicants envision Site C to be developed in a way that can be physically integrated into the design of sites A and C, using similar multi-family unit design, sharing access, open space and recreational facilities. To approve the Precise Plan, the City Council must make the necessary findings pursuant to CVMC Section 19.14.576, including (1) That such plan satisfies the principles for amendment of the "P" modifying district, (2) 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; (3) That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan; and (4) That the approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. Staff has reviewed the Precise Plan and the required findings, and recommends that the City Council approve the Precise Plan, as described in detail in the attached City Council Ordinance. DESIGN REVIEW PERMIT The Project's Design Review application proposes 16 town home dwelling units at 790-812 Ada St. (Site "A") and 24 units at 778-780 Ada Street (Site "B"). Each town home unit includes 3 bedrooms, 3 baths, and a 2-car garage, and ranges in size from 2,163 - 2,228 square-feet, including garages (see Site Plan, Attachment 3). Site C (792-794 Ada Street) is owned by Mr. Coo-Romero, who has not submitted a Design Review application yet. The Design Review plans have been designed to permit the Site C to be redeveloped in the future with town homes, in a way that will enable Site C to be integrated into the approved design for Sites A and B. Compliance with Development Standards I Lot Area: I 71,874 sq. ft. /1.65 acres 1-9 PAGE 10, ITEM NO.: MEETING DATE: 04/24/07 DEVELOPMENT STANDARDS REQUIRED PROPOSED: (after Rezone to R-3-P/Precise Plan): Buildinq setbqcks: Buildinq setbacks - Front: 5 ft. - Front: 5 ft. -Side: 10 ft. -Interior Side: 14 ft. -Exterior Side: N/A -Exterior Side: N/A -Reqr: 7 ft. -Reqr: 7 ft. Building Height: 35 feet/ 3 stories; Building Height: 32-1/2 ft high /3-stories 45 feet /3.5 stories subject to DRC qpprovol pqrkinq stondards Proposed parkinq Parkinq Space Dimensions Parkinq Space Dimensions Garage Exterior Dimension: 2-car = 20'x20' Garage Exterior Dimension: 2-car - 20' x 20' Residential Parkinq standards 2.0 spaces per unit @ Parkinq Provided 40 - 3 & 4 bedroom units = 80 2-Car Garaqe: 80 Total required = 80 spaces Total Proposed = 80 Required Open Space Proposed Open Space Common Useable Open Space = 19,200 sq. ft Common Useable Open Space =23,410 sq. ft Private Open Space = 60 sq. ft Private Open Space = 78 sq. ft. 5. STAFF ANALYSIS Site Plan Site A will include 2, 6-unit buildings and 2, 2-unit buildings centered on a 43' x 43' tot lot. Site B will also include 4 buildings, with an 8-unit and 7-unit building on the east side of the site, and a 5-unit and 6 unit building on the west side. These buildings will also be centered around a 50' x 50' tot lot, also on the west side (See Site Plan, Attachment 3). Both sites are level, with sight elevation gain of approximately 2-4 feet towards the center of the property. 1-10 PAGE 11, ITEM NO.: MEETING DATE: J 04/24/07 Buildings on both sites are oriented with entries facing east, west, with one unit entry in each building facing Ada Street. Pedestrian entry to the units from Ada Street are by the 5 foot public sidewalk or 4-foot private sidewalks located along the front elevations. The garages and driveways are located on the opposite elevation. Each unit entry will include a stoop '/2 story above ground level. The front yards will be a landscaped common area ranging from 10-15 feet wide. The building-to-building setback along the driveways is 28 feet, although the buildings will overhang the driveway, while maintaining a 20-foot minimum clear width. Parking for residents is provided by one 2-car garage for each unit, for a total of 80 parking spaces. The Project proposes 0.53 acres (23,367 sq. ft.) of common useable open space, including common landscaped areas, 2 tot lots (1,710 sq. ft. for site A and 1,944 sq. ft. for site B) and 40 private second -story decks (78 sq. ft. each), which complies with the R-3 zone and Design Manual standards. The proposed fencing consists of a five-foot high stucco fence along the northerly property line facing the northerly property, and solid wood privacy fencing proposed for the perimeter of the site, which will match the building architecture. The Design Review Committee recommends a five-foot solid masonry wall between the tot lot on Site B and the existing home on Site C, which will be taken out when Site C re-develops. Staff recommends that the applicant prepare a conceptual lighting plan to enhance safely for the public and residents, prior to issuance of the first building permit. Access and Circulation The site is located on the north side of Ada Street, which is designated as a local residential street. T wenly-four feet wide, dead-end private driveways providing primary vehicular access. There are twa driveways serving site A and ane serving site B. At the request of the Fire Department, the Design Review Committee recommended a condition of approval of the DRC permit requiring that an improved emergency access road and gate be provided prior to issuance of the building permit for Marsella Villas Site B (see Attachment 2). Prior to development of the Pumpkin Patch property, this road would serve as emergency access only, and connect Marsella Villas Site B through the Pumpkin Patch property to Palomar Street. Pedestrian Access Pedestrian access to the units will be provided via internal pedestrian paths connected to the public sidewalk on Ada Street (see Site Plan, Attachment 2). To provide the off-site pedestrian connections envisioned by the General Plan, a 5-ft. wide public sidewalk and easement will be provided through the west side of site B, connecting the future Project to the north with Ada Street to the south. Pedestrian access will be provided via internal pedestrian paths connected to the public sidewalk on Ada Street. In conjunction with proposed street improvements for the Palomar Gateway area, future access to public transit will be made available across Industrial Boulevard to the Palomar Trolley Station to the east. 1-11 PAGE 12, ITEM NO.: MEETING DATE: 04/24/07 Traffic Study To identify potential traffic impacts associated with the development of the Project, a traffic impact Assessment was prepared by Katz, Okitsu & Associates on November 2005. The traffic assessment Projected that the Project will generate 246 daily trips, with 20 trips occurring in the AM peak hour and 22 trips occurring in the PM Peak hour. Based on the location of the Proiect sites and a Proiect trip analysis, it was estimated that 40% (98 vehicular trips) of the daily traffic would use Industrial Boulevard as a secondary access to exit onto Palomar Street. Accordingly, about 60% (148 vehicular trips) of the daily traffic would use Frontage Road to access Palomar Street. Short-Term Impacts (Year 0 to 4): Based on the traffic impact assessment results and the Project trip generation, it is anticipated that the Proiect will not result in any significant Project specific impacts. Long-Term Impacts (Horizon Year 2010): Based on the traffic study prepared by KOA associates for the development of the northerly Project (Olson Bayvista Walk Project), the intersections of Frontage Road and Walnut Avenue with Palomar Street would operate at Level of Service (LOS) "F" under all conditions and for the Horizon Year (2010). Since the Project trips comprise less than 5% of the total intersection entering volume for each of the intersections listed above, the intersection impacts would be deemed as cumulative impacts. The construction of a partial median along the centerline of Palomar Street that would restrict left turns and through traffic at the intersection of Frontage Road and Walnut Street onto Palomar would result in a LOS "C" under the worst PM peak hour conditions. Therefore, the Project Applicant/Developer will be required to construct the median to the satisfaction of the City Engineer in order to mitigate the cumulative traffic impact to a level of less than significance (see Mitigated Negative Declaration, Attachment 4). Landscapina: Landscaping constitutes approximately 29% of the site. The common areas and tot lots are well landscaped. Front yard areas adjacent to the stoops will incorporate turf areas to allow active use by residents. Storm Water management features, pedestrian walkways, and proposed unit entries will be included in the detailed landscape plan. Planters located between the garages along the driveways will be enhanced and enlarged to the extent feasible, to ensure that they can support small trees and large shrubs to help soften the views of the long rows of garage doors. Also, placing larger trees in the tot lots adjacent to the driveways will help to break up views of the buildings. Enhanced paving will be provided at each driveway entry. Also, staff recommends that a screening program be included to soften the views of the trash enclosure from the tot lots. Staff recommends a revised planting plan and elevation study for the streetscape along Ada Street. The privacy of the adjacent residents will be protected by using walls and landscaping to buffer the Project's active areas from the adiacent uses. The Design Review Committee recommended conditions of approval requiring that a detailed landscape plan be prepared addressing the above concerns. 1-12 PAGE 13, ITEM NO.: MEETING DATE: { 04/24/07 Architecture The Project proposes an urban, single row-house architectural design theme. The building's front fa<;ade is broken up into multiple planes using single-story roof elements, gabled windows and entries with stoops. The design will incorporate multiple stucco finish colors, including olive, off- white, buff, warm ochre, and warm sienna. Proposed roofing materials include mission barrel tiles using a variety of earth tone colors. Decorative metal roilings for certain windows and balconies are also proposed. The side and rear elevations are well articulated. The applicant has prepared enhanced elevations (see Site Plan/Elevations, Attachment 3), which in staff's opinion have incorporated the suggestions of the Design Review Committee. These elevations will be required for the elevations facing Ada Street and the tot lots. Driveway elevations will include long rows of garages, which would benefit from additional architectural relief and landscaping to soften these views for the residents. Staff recommends a condition of approval requiring a variable color scheme, garage door windows, as well as enhanced landscaping with tree planters. Palomar Gatewav Public Improvements The Palomar Street / Interstate -5 area is the subject of a public improvement Project proposing street improvements and landscaping to enhance the area, which is envisioned as the southerly gateway to the City. The Project will improve Palomar Street between Interstate 5, to approximately 200 feet beyond the intersection of Palomar and Industrial Boulevard. Improvements are also proposed to extend south along Industrial Boulevard between Palomar and Ada Streets. The proposed improvements include: (1) gateway monumentation signage; (2) landscaped parkways between the sidewalks and travel way along the Palomar Street corridor; (3) six-foot bikeways in each direction and pedestrian level lighting along Palomar Street; and (4) landscaped medians from along the Palomar Street corridor. These improvements will be funded by an approved grant, and are expected to commence within a year. Public Utilities In conjunction with the review of the Project, the applicant has prepared technical reports analyzing the condition of public utilities such as sewer, water, drainage, and water quality/storm water runoff systems. The findings of these reports are summarized in the attached Mitigated Negotive Declaration (see Attachment 4). The sewer technical report found that no new construction or expansion of existing public sewer improvements is needed to serve the Project, and that the Project would not impact existing sewer facilities. The Sweetwater Authority Water District provides water service to the Project area. They will provide service to the Project, contingent upon approval of improvement plans by the District. The hydrology report concluded that the increase in runoff will not alter or effect any downstream drainage facilities, and is therefore considered insignificant. The water quality report found that water quality impacts typical of a residential development could occur, such as erosion, 1-13 PAGE 14, ITEM NO.: MEETING DATE: 04/24/07 household pesticides, hydrocarbons, and fertilizers. However, these impacts would be mitigated by installation of improvements such as construction best management practices, including silt fencing, and post- construction best management practices, such as detention basins. These improvements are required in conjunction with approval of grading plans by the Project's Mitigation Measures. Schools The Project site is located in the attendance area of Harborside Elementary School at 691 Naples Street, within the boundaries of the Chula Vista Elementary School District. The Project is also within the attendance area of Castle Park Junior High School located at 160 Quintard Street, and Castle Park High School at 1395 Hilltop Drive, within the Sweetwater Union High School District. Staff contacted each schaol district, to determine if the additional dwelling units proposed by the Praject would cause these schools to be adversely impacted. Both School Districts provided updated student generation rates for new development. Harborside Elementary is presently just below its capacity, and both Castle Park Junior High and Castle Park High Schools were both above their capacity. Applying these rates resulted in generation of approximately 19 elementary school students, 5 junior high school students, and 10 high school students, as described below: School (Gradel Dwellina Units Generation Rate Students Generated Harborside Elementary 47 X 040 = 18.8 School (K-6) Castle Park Jr. High School 47 X .104 = 4.9 (7-8\ Castle Park High School 47 X .216 = 10.2 (9-12\ TOTAL 33.9 Both school districts responded that even though their schools were nearly at or above their capacity, they would be able to accommodate the additional students generated by the Proiect, and that the schools would not be adversely impacted by the approval of the Praject. CONCLUSION For the reasons mentioned above, staff recommends: That the City Council adopt the attached Ordinance adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 15-06-005, and approving Rezone PCI-06- 005 and Precise Plan PCM-07 -15, based on the findings ,and subiect to the conditions contained in the attached Draft City Council Ordinance; and r 1-14 PAGE 15, ITEM NO.: MEETING DATE: 04/24/07 That the Redevelopment Agency adopt Mitigated Negative Declarotion and Mitigation Monitoring ond Reporting Program, 15-06-005, and adopt the ottached Resolution approving Design Review Permit DRC-06-27 & 28. FISCAL IMPACT There are no fiscal impacts from the preparation of this report and the processing af the Rezone, Precise Plan and Design Review Permit. All costs are covered by the deposit accounts. DECISION -MAKER CONFLICTS Staff has reviewed the property holdings of the City Council and Redevelapment Agency Members and has found no property holdings within 500 feet of the boundaries of the property that is subject to this action. ATTACHMENTS 1 Locator Map 2 Precise Plan 3 Site Plan /Elevations 4 Finol Mitigated Negative Declaration 5 General Plan Goals and Objectives 6 Response to Theresa Acerro's comment letter on the Marsella Villas MND 15-06-005 7 Ownership Disclosure Form J:\Planning\Case Files\-07(FY 06-07)\Rezone\PCZ-06-05-PCM07-015 joint agenda statement 1-15 . . . . . . . . . . . . . . . Attachment 1 PROJECT lOCATION ~ \ It \ m\ III1\ :J~ Jill TID I Vacant 0 MF SF MF Ada St J:' SF SF SF 0 SF SF 2.- SF SF SF MF 0 <0 (1) SF Al 0. . . . . . . . . . . . . . . . . . . . . . Dorofh Sf C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT . PROJECT DESCRIP1l0N: C) APPLICANT: Alejandro Sanchez PRECISE PLAN I REZONE PROJECT S Proposed Precise Plan and zone change from R2P to R3P for a ADDRESS: 778, 780, 790 & 808-812 Ada t new multy-family project. SCALE: FILE NUMBER: NORTH No Scale PCM-07-15 Related cases: DRC-O&-28, PCM-ll7-15 J:lplanninglcarlosllocatorslpcm0715.cdr 03.12.07 1-16 Ordioance# ExhibilC PCI-06-005JPCM.Ol.015 2,400sq.t1. PedeslliaoAi:;cess: Maximum FloorNea Per Uoit ~ndudiog gilfage) Minimwn BuUding Selbacks' Building Height BuilangType: OpeoSpace Front 5'eel~ublicslIeell Side: 101llllteastlwestprop~Uoel Rear. Ifeet IlOI1hpropenyine) ~uJ~ng 10 B~~dl~lt Driveway: 28feel 35leet/3stoties ~~:';j~~~~r~~1W~~mn Dwellings, Townhouses ~~~q;:~!!:~~~~wi~:~8ren ~::~~~~~~~Jr:~open spare VehicularAccess: Fencing: PiI"kirl{lStandards:Residenlial: Min.20footwidepedeslrlallaa:esseasemeol indudiflgaS-foolwide_publicsidewalkalttle rotf((';,lnboundilfY of SUe BI718-780Adal & SileCj792.7S4Aila)connedingtheoortheny properfyloAdaSlreel. A24ftwide~ipcQcalprivaleslreeteasemeol fromn8-780AdaSlwlhellOl1bedyproperty. fr~~~gr~~i~l:f~.~~A:~I~tt Decoranvestuc:roor wood feocingis requirell. Maximum height!s 5 leet, except J.112 fI In selbackareasadjacenlloaslreel 2.0garagespacespllfuoit 2-cargarage: LIilllI]. ,. .. .. ,.. ::::::::::: RECIPROCAL ::::::::::: ACCESS EASEMENT ~ PEDESTRIAN ~ ACCESS EASEMENT . PROPOSED ACCESSIBLE UNIT IO'_~' SITE A ,~ ~= C~~ ~ .~ <Nl.Jo.rF. ~- typ.",T ~ - - ~rr ~ - ,,~ ~ -. o W~~ ~rr cw ,,~ $ IU-a ~~" - f..... . ~~.IoJ'I'. ~- ~ SITEC 10'PEDESTRIAN ACCESS EASEMENT - ~rr U~ 24'RECIPROCAl ACCESS EASEMENT FUTURE DEVELOPMENT AREA -- ----:.._~..... ==-- MARSELLA VILLAS Precise Plan ..~ EMUGElICVACCIiU aOAol.GAn y i j i i i ~. j i i i i -I ,'fPQrI_ ~.- Ion "'curl> ~~ ~ n~ I ~6.00' '- J ADA STREET Z-J,"". J 7' N~' J )> - ... Q) n :r 3 I'D ::lI ... '" ATTACHMENT 3 - SITE PLAN AND ELEVATIONS 1-18 I:I'.lUlt '"' ~z ; 1:-- i :!.n;1 UCll::,~ o~-I \ll\Z I ~:S . <o...E N.rtI--~ wU"lo:~ :)~'! Qh1', ~~ i ~ OU' ""I ""<! g. ~ h p ~ ~u!!~ ~~~ i5"!~q~f~ ~,[f-i i.\ I,+t,."..,~ ~ ~Qc:r;.q"itl~ ; !lli'!~ili' ""~ ~H~;B~,H! I- ,,~::. ..lB.'; ~i':t<~ ........,.. "~ I g ~ ~ ~:J ! "< : , i"I' a" ~ ' II, .~ ~ ~ l-~r~~~ ~ l-H d '!. ... - ~ ~. r- ~ <: ", - ,. ~l!!! 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',-.~""""""""" . --. .........,- '~"''''. ~~~, ,-.'._, . ..'.. ....""'.....~.... .~.~< . -t'.. ..... ...~..v. ....."" . ....~ ..,...........'" "'.- .....~, r:mRIOI( COlr>>;~ ,.....,..,........-. .---,..-...", ''''''''''. -""...~_...,"" _,..._c........ .......".... .-,~~.... "...AWO.'_'>'<M ^,-,..._~~ .,...........'"..."" -."",."...__..,a ......,...''''''''-'''... .................",... . . MARSELLA. VILLAS NAHUM MENDOZA ~fl.'n:...llJX<I."-rr,JI.lJr$l.. ~"P<:<;t.~ CHARACTER SKETCH , ,~------ (53 , r:~-=---==--=:! ~~=."':"'......,:~.::.w::..""'':;:~:II''=:''~~.:~.~.::.=,:,:;,~~,=,=~:''''"':."':'"'""-=.'':::==~,==~=~==-_~-=--:;,,..:==:r==--:.~ M I II! I I! Id 2!( ! , ! II! ~ ill I V>u, Wz I f-_ ~vl'f u""l 0'2' v>z I ~~I NOl' w'" i :It:;, 5:2l.Ur ""t::! O:I: l OUI "'~ I g 1'1 '. j, ! I' !!" "" '''' ,...~"" 1 l!j ~l! ~"'I >- '1 II !;~! ;::: :::' "Ii .1.. !!.: !~~_. !:l!:~ !::::.: N $ II, i, ; II I, .!l1 m! 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II [SJ l o-! r , ~ i I ~ I ~i I J j ~i ~ I I ~ I , 0 , 1 l ..~ .~. ; , D ."---LJ ~"' ..~~~ ILL-.ll n~!w" l!J I! is! <- II ) D .- --~~ I1i I 'Vr ~ - >-- ~~~:I~j I 0100 .- 1-28 ~~. ~~. .<:Ilr.8 ...".., I Illu .....~..ZI1_ .......8 Jl , ! l I ! , I i Z I ~ I ~ I Z I ~ ! i I VI z :s I ~ l 0 l 0 ! u: i co" i I- ili~ Zl Z ~ ~I :) ~ ! ~ ~ !5 ! ~ ! i i 1 ~;;;; . i2~ Ii :HI '" ~ ~ I h! n! 11I~ ~ " Mitigated Negative Declaration PROJECT NAME: Marsella Villas PROJECT LOCATION: 778-812 Ada Street ASSESSOR'S PARCEL NO.: 622-020-05,51,65, & 68 PROJECT APPLICANT: Jorge Sanchez Pedraza CASE NO.: IS-06-005 DATE OF DRAFT DOCUMENT: December 20,2006 DATE OF FINAL DOCUMENT: January 22,2007 Revisions made to this document subsequent to the issuance of the notice of availability of the draft Negative Declaration are denoted by underline. Prepared by: Benjamin Guerrero, Environmental Projects Manager A. Proiect Setting The project site consists of two separate sites on the north side of Ada Street between Frontage Road and Industrial Boulevard. The site is in an urbanized area in the southwestern portion of the City of Chula Vista (See Figure I - Location Map). Topography across the site is relatively flat and the properties presently contain single-family dwelling units with non-native ornamental vegetation. The site is surrounded by residential development and vacant land as follows: North: East: South: West: Single-Family residences, Mobile Home Park and vacant land Single-Family Townhomes Single-Family residences Single-Family residences B. Proiect Description The project proposes to approval of rezone and design review applications develop 40 attached single-family townhome dwelling units on five parcels totaling l.92-acres. The project acreage is divided into three separate sites; see Figure 2.The westerly project site proposes 16 dwelling units on 0.69 acres, while the easterly-located project site proposes 24 dwelling on 0.96 acres. The parcel located between the two project sites is being included in the rezone application however, no development is proposed for this site at this time. The townhomes are proposed as three-story structures with attached garages. The appropriate number of parking spaces required by the City's Zoning Code will be provided. Each of the project sites proposes open court areas with tot lots. Both development sites will access directly from Ada Street. .4rr4C#/l1.8t!r 'l 1-29 ;~, 'f-' "', 3" :.:,'~, -t:.\ - ':::< , .\ Lr\ _ ., ,'c i\ :='0;,,_<7"-' ..?, , '\ \0' ~ . ,p,' <. ,,'r C"?;l.?:..~i ~ ~) 1 ~ J r~.~~\'t I ::~;I.'lihI cum ' ;~. " ~". ;. ::;- <'.- '\-:. ~~.? 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'" t~.:t~ _ .'~I..-;-! .'t7</;y~ru ..':... ~ _ _ ~ ,~.m.~~~:~.;-.'~,.j.......~:t__.'.-~,.,f.~_:,_._,~,.~-,_,::-,,",,_:,-_ ...l.,__...,r._..~,~,,',,'_','.,rr./..-.:_.:_<f'_.,'.i..',.....~:......j.'".-4..:.".-:_....._ .~.'~-"~,_,l.~}p'A.'ll"?-,~.:.,~e,.!:vl~I~~..~.-,:I,];: ~t)._:.rfE~; >J!~c;,:~~,. c.:=:.' -::-~ .">_.- _, f '" _~ """",,""" ,\" ."'::>'."1;>1_, .. \_-~ ~ ;'~"['IlW ,..t:;, ~I'~' '~&"l. I '~:: -:: --:'" . ~ =: :-.,:""'~ ~ i i:-= ~,..:.:::;-.;: ~ -. ;",--:.~...':'..'''':.~.~.~..',:i= -,~_= '~___ "~,::.~ ~.fi~_'.c:~.~ l~~,'...~,;~.~...-- ,.'/ ..' , . "-o;:<;',,)~~~c::~_O";"="'" -- - - -", - ~.'.<.b,..."""".'V~~':o~~,=_~~".:.,.,~,..ffi\.c.','::~.-;',,:,~"~.,t.~'.~.'I.;.:.~~",~,'" '", ~ ,,- .,~:~~ -';~~~~~! i $';, f.< 81~~::~;_~~~".'.: -~!~'--'--, ::~~:< ;\~~i:~1;~:7"'" ~;;:k:,:,~~,jiS;\ ;12;.' :l";;;)~~_G~:"~i; fr" ~~ 5: ~i5ll"'_~ ~ \ h" ~ rf,%~t;, '!::. " ,., "t',,:;' .,,~ {'; -;., -01<(1 . ,~,;"t;~r .f \ ._."..",,::."';':~ :;. :atl'~'<'--;: ':;;~1 :~-;. ~ ->! ~_ t,..~. ~J=:~: ':~~f(~~?of~~.~ l4t~~~~~'J~!t\~:\~?, ?i.: ",,:-= - ""7';/t~i~:;~ ~ , ~--~'- ~ II:~ *n~ '2 t,~ 1.' ST:~ 11 ?' - 'i ~ :~ T ,jj"" ".- '''' 'J., -:_ -,,= ffi "0 "',! ...~+! ;t:! -'!1!1~ ,,~..~ 1 ; ~---...;--. " :n?~ .~ l,'~~~ \''ii --'~.!'~ ~;:,~:J, - -,-'i - ~..~ 'i ;;;: .~ - - '" i~'. REFERENCE: 2005 THOMAS GUIDE FOR SAN DIEGO COUNl'(, STREET GUIDE AND DIRECTORY, o 2400 4800 , L ~ l APPROXIMATE SCALE IN FEET <: NOTE; ALl DIMENSIONS. DIRECTIONS AND LOCATIONS AREAPPROXIMATE. , " o o , " o " , SrIl"lE lOCAl!"nO~ MAfP' FIGURE 11/06 778-812 ADA STREET CHllLA VISTA, CALIFORNIA 1 PROJECT NO. DATE - " III ~ !~~ e i 9 ~ !~ :IPI,! j' , ~ ! , . "'! 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'" '" :> n ,., m ~ il' Ii I F III 'I 'l ~~ H Iii 11' 1,1 hi 1" ,- t..! ill ! , .<-01 D""> ,'" n . :c I=< 1m q ~!UU'~: I ~ j"; ... ~ ~ I . m ~ i~ ~. ,Z 1--4iJ'Q ,;. = ' "'--.., ,'" ~ ~ ~ ~ h ~ W~ i ~ 'immiiim~ ill"!III'~li!li'I'll'~ ilmlillli'~'II;"~ 1~1I~ li'~ i> "~l ~ '''''!i'''''!~!. !If !Cii!I~!.!l.!~iifIJ!iifIJ!~ ~!!~ '!!"illUo II l!~ mjj~mii~~!h.jJ~II'I~liIH!i.hll--i~!!' ~I! ~ill;;~ I C~... l ( '",,, ~"'" . h t,II'" I RIIII ~,!llli -'lli~" "~I'!!./;~ 5 l; liJ ;>;olln p';a..;:!;> .....J>: ..8 {-U Q I J U ~I ~1l~IO" I'~ ~ · t"' G.. . ~ ~~~ m ~ Ii ii,!,! ':~.-r M~ !~ > I! "Ii Hi!! J!m! ; fi m ~!!!!~i in;, n;! H !!.!~!: Ii! ~ ~ z:< ! II ;un ~nn .;;; ;,;,; ~;o;l!;l! , j H~ lit: ~l I, ~~ ~~~ ~ 18 ~p ;;~ '::::~ :::: :::: HHl,llli 1m !il! II i! : II II! ~ iN if mil mil illl'!J ....! Ii 'I "" "" ,;; :.!,-< ). & oJ I .f ~ ~i ~~ "".",;ll ;0";0" ;0;' *1 H ~~ "'...... g ~ 11 ~.~ , '"I !:, 'I' 'l~ ,I fi 'o:;r. ! :>,., I ~o ;:co i=l?:l ,m- lOG J ln~ ,l>N '""> S;:'" IZ~ IZO ~!1 ;Y'S; 1_-; Zm i('lVl _........-._.....-...........-.......____..,.""_ff"_._~._"".....__.__..,_.... ""........ ~..,_ . _"....__ .... -...."""._,""-_ .....-"'--."'-................ --.........-..............-...........- ...."""""'-...--'...-.......-.............""-..---..-"'....---...-.--..-- 1-31 SITE VICINITY MAP 778-812 ADA STREET CHULA Y-C8ll\, CALIFORNIA ~~glUJi[re 2 778-812 ADA STREET CHULA VISTA, CALIFORNIA 1-33 ~~g;~w~ 2a PROJECT LOCATION MAP ",.~""".,.~.,~,~ MITIGATION ON BALCONIES REQUIRED I , ~ ~ it ~ ~ .g 3 2. ;j., ~ [;>- .o;;p.. ~~' PJ ~ (.I) ;;q ,~ (1l '"" Wz ,0 ~ {ii' , " 18 9'0 =1" ~n l~ - I" :;.:< o~ 2> ..... 7. Ul , ~, I 17 UNITS ON .69 ACRES AOA STREET ,>C"-<, Source: Rodriguez & Simon Design Associates 2005 ~.~ , . 1.Il-lt:OIo F'B'ES-r"'INl 'INl"HAl /<1'_'. ,~'.... 24 UNITS ON .96 ACRES ffi """ CO) I ,.... NORTH ,.'''' .''''_0' Figure 3 Noise Barrier Locations ~;1 .~' '4iIi!i;bll'F'f~~!':H ~_;"~- 'r;h:'lI''<ll~'WI\lW~'f~~i?,~.'0'tlJf~~~.i':~:~;;S2~:"'~-,, A~3-0.5 Pn!lcldes(ugJ\lg) 4,4'.000.79 4,4'-0010.630 4'4'-00T-110 elpha-Chlord~n...130 Chlotdam,..j200 DI"'Id~n-51 Endor;ulfellsulfBla-4.1 gllmme-Chlon:lBne.13 HeplachlorepoKit:le- A-3-1.0 4,4'-00E-370 4,4'-oOT-59 alpha-Clorden...aO Gl11otdane..540 01eldtln-l0 gemma-Chlordane.n 'l-leplachIOlepoxlde.l1 A.3-3.0.4.0 4,~'.ODE..5.2 A-3-4.0-5.0 NO legend A..1O 4~. Apprmtimate sample location (Nlnyo & Moore 2006) N .F.., A o 15 30 60 SOIL SAMPLE ANALYTICAL RESULTS FIGURE AREA A 778..812 ADA STREET 3 A CHULA VISTA, CAUFOANIA Site Boundary NOTES: A-l-0.5 - Sample number and depth In feel below ground surface uglkg-mlcrograms per kilogram ND-Noldelected Only detected constituents are listed PROJECT NO. DATE 105694003 11106 Jl(ln9o&Jy\oore \.0 (Y) :1 ~ Legend 8-9 ..;!7 Approximate soil sample location (Ninyo & Moore 2006) NOTES: 8-1-0.5 - Sample number and depth in uglkg - micrograms per kilogram feet below ground surface NO - Not detected E - value above quantilation range Only detected cOl'1stiluents are listed Jlfil1!10"/(Ic;""" 'Feet o 15 30 60 SOIL SAMPLE ANALYTICAL RESULTS AAEAB 778-S'2ADA STREET CHUL4, VISTA, CALIFORNIA N A Site Boundary FIGURE PROJECT NO. 105694003 DATe 11/06 4 1-36 C. COIIIPliance with Zoning and Plans The existing zoning of the project sites is R-2-P (One-and-Two-Family Residence Zone with Precise Plan Overlay). The applicant proposes a change of zone from the existing R-2-P (One-and-Two- Family Residence Zone with Precise Plan Overlay) to R-3-P Zone (Apartment Residential Zoning District with Precise Plan Overlay) and the General Plan designation is Transit Focus Area. The proposed project will be consistent with the regulations of the R-3-P Zone and with the goals, policies and density requirements of the Palomar Gateway Transit Area identified in the City's General Plan. D. Public Comments On May 6, 2005, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the project site. The public comment period ended on May 16, 2005. No written comments were received from the public. On December 21. 2006 a Notice of Availability of the Proposed Mitigated Negative Declaration for the proiect was posted in the County Clerk's Office and circulated to properlY owners within a 500-foot radius of the proiect site. The 30-dav public comment period closed on January 22. 2007. No written public comments were received during the public review period. 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 would not have a significant environmental effect because of mitigation measures incorporated into the proj ect, and the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Air Ouality Short-Term Impacts The proposed project will result in a minor increase in air pollutants during the demolition and construction phases of the project. Fugitive dust would be created during demolition, grading and construction activities. Air quality impacts resulting from construction-related operations are considered short-term in duration since construction-related activities are temporary. Dust control measures required during construction operations would be implemented in accordance with the rules and regulations of the County of San Diego Air Pollution Control District (APCD) and the California Air Resources Board. Mitigation measures contained in Section F below would mitigate short-term construction-related air quality impacts to below a level of significance. Long-Term Impacts The project site is located within the San Diego Air Basin (SDAB). Based on the Traffic Impact Study prepared by Katz, Okitsu & Associates (September 2005), the project would generate approximately 246 new daily trips. The morning peak hour traffic resulting from the project would be equivalent to 20 driveway trips and the evening peak hour would result in 22 driveway trips being generated. Therefore, project generated traffic would not be significant or result in adverse air quality impacts. The project design and its proximity to the Palomar Trolley station will encourage 2 1-37 the use of alternative modes of transportation. For these reasons, the proposed project would not result in any significant long-term local or regional air quality impacts. The information provided in Table I shows the current South coast Air Quality Management District (SCAQMD) CEQA significance thresholds. The City has traditionally used the significance emissions thresholds of the SCAQMD, which is responsible for air quality in the urbanized areas of Los Angeles, Orange, San Bernardino, and Riverside counties. The air quality in the SCAQMD is much worse than the San Diego Air Basin; therefore, the SCAQMD thresholds are very conservative for the San Diego area. Table I SCAOMD Air Qualitv Significance Thresholds Pollutant Construction (pounds per dav) Oneration- (';ounds per davY NOx 100 55 VOC 75 55 PM10 150 150 Sox (oxides of sulfur) 150 150 CO 550 550 Lead !Pb) 3 3 Source: SCAQMD 2005 Construction Table 2 Construction Emissions - Marsella Villas Development nroiect Year and Activity Pollutant Emissions ounds per dav) VOC NOx CO PMto Belrinninl! in 2007 Demolition Phase 7 71 48 12 Gradinl! Phase 5 38 32 2 Buildinl! Phase 7 50 55 2 Maximum dav 7 71 55 12 Midwav throul!h 2007 Buildinl! Phase 77 73 91 3 Maximum day 77 73 91 3 Simificance Threshold (from Table I) 75 100 550 150 Building - with VOC limit of 200 grams per liter 64 73 91 3 coatings, Demolition, grading, and building phases are sequential and do not overlap. Maximum day is the maximum from any phase. Bold value = exceeds threshold As shown on Table 2 above, there is a potential for exceeding the volatile organic compounds (VOC) threshold during the final months of building. The principal source of these VOC emissions is derived from the architectural coatings that are applied to the buildings. The project is planned to be built in phases. The calculation is based on URBEMIS default factors for VOC content of paint, paint coverage per square foot of surface, paint thickness, and surface area to building area ration. The URBEMIS default emission rate is based upon architectural coatings with 250 grams per liter (g/L) VOC content. SDAPCD Rule 67 limits the VOC content of coatings applied in San Diego County. General flat coatings are limited to 100 g/L and general non-flat coatings are limited 150 g/L. As most coatings to be used on this project would be general flat and non-flat coatings, it would 1-38 be feasible to use coatings on the project that averaged less than 200 g/L. With this limitation, the VOC significance threshold would not be exceeded, as shown in Table 2. Overations The estimated operational emissions for this project are shown in Table 3 below. As shown on this table, none of the CEQA significance thresholds would be exceeded during operation of the project. The URBEMIS model was used to calculate the input and output data. o 11 Table 3 11 D I Pr . )uerations EmiSSIOns - Marse a Vi as eve oument 01 ect YEAR AND ACTIVITY POLLUTANT EMISSIONS (LBS. Per Day) 2007- 41 units occuuied VOC NOx CO PMlo Area emissions 3 <I I 0 Vehicle emissions 3 3 32 3 Total ouerations emissions 6 4 33 3 CEQASignificance Thresholds 55 55 550 150 (Table I) Values are rounded to the whole pound per day; < I is a value greater than 0 and less than 0.5. Totals may not add due to rounding. Health Risk Assessment BACKGROUND A health risk assessment was prepared to evaluate the potential effects of placement of six residential units of the proposed 40 units within 500 feet of Interstate 5 in accordance with Policy EE 6.10 of the General Plan. The policy approved by the City of Chula Vista in December 2005 is as follows: "The siting of new sensitive receptors within 500 feet of highways resulting from development or redevelopment projects shall require the preparation of a health risk assessment as part of the CEQA review of the project. Attendant health risks identified in the HRA shall be feasibly mitigated to the maximum extent practicable in accordance with CEQA, in order to help ensure that applicable federal and state standards are not exceeded." The project proposes to develop residential units on two separate lots for a total of 40 attached town homes. However, only six of the total number of units is proposed to be located within the 500-foot corridor of the 1-5 freeway. These units will be located on the most westerly lot to be developed. Only 60 to 80 feet of the most outer area of the westerly lot lies within the 500-foot buffer. THRESHOLD The evaluation of toxic air contaminants (T AC) was based on assumptions regarding emissions from on-road vehicles, including truck traffic and diesel and gasoline-fueled vehicular traffic on 1-5. It must be stated that there is presently no officially approved methodology to study T AC from vehicular emissions. The local Air Pollution Control District (APCD), the State California Air Resources Board (CARB) and the federal Environmental Protection Agency (EP A) have not developed or provided a standard methodology approach for studying these highway related air contaminants. The analysis was prepared by Scientific Resources Associated (July 2006) in accordance with City methodology. There is no state or federally recognized threshold for assessing these potential impacts. 1-~9 The State Office of Environmental Health Hazard (OEHHA) indicates that diesel noncancer risks are a difficult issue to address. The OEHHA state they have a Reference Exposure Level for noncancer health impacts from diesel exhaust but that it doesn't incorporate more recent scientific findings on noncancer health impacts. The OEHHA further states that there is a procedure in OEHHA's Particulate Matter Health Effects and Standard Recommendations that could be used to calculate effects on mortality, however, the applicability to other than very large sources with regional impacts has not been resolved (OEHHA September 2006). These procedures have not been adopted into OEHHA risk assessment guidance for the Hot Spots Program. Hence, the regulatory agencies have not identified a CEQA threshold for noncancer risks. METHODOLOGY The HRA evaluated toxic air contaminants (TAC) on the 1-5 segment near the Ada Street Residential Development. Data on emissions from traffic traveling on 1-5 was estimated utilizing traffic projections obtained from the California Department of Transportation (Caltrans). Growth in traffic was extrapolated to the year 2080 based on CAL TRANS and SANDAG traffic projections for the period from 2005 through 2030. Mobile source emission factors were obtained by using the Emission Factors model (EMFAC2002) used by the California Air Resources Board (CARB). Pursuant to the CARB, the ten (10) TAC compounds that pose the greatest statewide health risk are acetaldehyde, benzene, 1,3-butadiene, carbon tetrachloride, hexavlent chromium, para- dichlorobenzene, formaldehyde, methylene chloride perchlorothylene, and diesel particulate matter (DPM). According to the Air Resources Board, approximately 70 per cent of the cancer risk can be attributed to long-term exposure to DPM. The HRA focused on potential risks associated with DPM from trucks traveling along the segment of 1-5 nearest to the Ada Street residential development. Additionally, the report also included emission analysis of benzene and 1,3-butadiene from gasoline- powered vehicles. The Hotspots Analysis and Reporting Program (HARP) used by the State Office of Environmental Health Hazard (OEHHA) was used to estimate the high-end excess canCer risks associated with exposure to TACs from Freeway vehicles. CANCER RISK The Office of Environmental Health Hazard Assessment and Air Pollution Control District have provided basic guidelines (SDAPCD 2005) for preparing HRA's for stationery sources but not mobile sources (i.e. highway traffic). The guidelines have developed very conservative exposure assumptions. These models assume that an individual resident living within the 500 foot corridor of a freeway would remain in the same location for 70 years, 24 hours per day, seven days per week, without leaving the residence site. A more realistic scenario may be a duration of nine years and an upper time limit of thirty years in a residential setting. Therefore, the HRA report prepared for this project used three exposure assumptions (9 years, 30 years and 70 years) in the HARP model. As it could be expected, the comparative analysis done by this model showed that less exposure translates to a lower cancer risk. Experience by City staff has shown that results will vary depending on the models used. It is possible that in the future the California Air Resources Board will eventually develop a standard air contaminant-testing model for mobile sources. 1-~O Another source of uncertainty in calculating exposures is the assumption that all individuals will be subject to the same ambient air conditions and air intake at all times. There is presently no accounting for such things as body weight, breathing rates and frequency and length of exposure. Without the certainty and consistency in this area, the analytical results will tend to overestimate the risk. Table 1 Comnarison of Risks Based on EP A Exnosure Scenarios EXDosure Scenario Maximum Predicted Excess Cancer Risk 70-vear 58.7 in a million 30-vear 32.7 in a million 9-vear Adult 9.82 in a million 9-vear Child 14.5 in a miIlion The HRA Study provided a conservative risk analysis showing that the maximum predicted excess 70-year lifetime cancer risk at any point of the Ada Street project is 58.7 in a million. Using EPA average and upper bound assumptions of residence duration the study estimated a 30-year cancer risk of 32.7 in a million and a 9-year cancer risk of 9.82 in a miIlion. The study also estimated a 9-year cancer risk for a child as 14.5 in a million. CONCLUSION Based on the HRA report, there could be potential health risks associated with locating sensitive receptors within 500 feet of major highways. However, at the present time the regulatory agencies have neither adopted specific guidelines for the preparation of mobile air toxic Health Risk Assessments nor have they established appropriate thresholds for determining significance of potential impacts to health. The proposed project is in compliance with all currently adopted state and federal standards and therefore the potential impact is not considered significant. Biological EDA W, INC. Environmental Consultants conducted a biological assessment on September 2005 of the subject site. Subsequent city staff site visits were conducted on October 2006. The project site primarily consists of residential homes and yards (Figure 3). Each residential lot is developed with houses, accessory structures, decks, paved areas, front lawns and ornamental trees. The project site is characterized as being totaIly urban developed land with no potential biological value. However, several trees occur within the project development site. Birds using the on-site or adjacent trees for roosting or nesting could be impacted by construction noise or lighting through the course of the project. Nesting birds using trees within the project boundary could be impacted if trees are downed in the course of construction. These impacts could be potentially significant. Mitigation measures have been formulated in accordance with the City's MSCP Subarea Plan (Section 5.2.2) regarding the HUT Ordinance that would avoid and minimize potentiaIly significant direct and indirect impacts to sensitive biological resources. Paleontological A paleontological record search and resource assessment was completed for the project site by Brian F. Smith & Associates on May 2, 2005. The report identified the project site as forming part of an area considered by experts in the field of paleontology as having a "high paleontological resource sensitivity". This rating would require a paleontological monitoring and mitigation program. 1-$1 Compliance with the mitigation measure contained below in Section F would avoid significant impacts to paleontological resources. HazardslHazardous Materials Soil Contaminants Ninyo & Moore Environmental Consultants prepared a Phase I Environmental Site Assessment report on October 6, 2005 for the project site. Historical research conducted as part of the Phase I report identified the project site as an area formerly dedicated to agricultural uses. The Phase I recommended a shallow subsurface investigation to evaluate the presence of residual pesticides, herbicides, and metals. The Limited Soil Sampling Report prepared by Ninyo & Moore on March 24, 2006 detected pesticide samples at above the State of California hazardous waste level of 1.0 mg/kg. Herbicides were not detected on surficial soils and heavy metals in soil were generally found to be consistent with background concentrations. The Limited Soil Sampling report recommended that a site-specific health screening assessment be conducted to evaluate human health risk to future site receptors from pesticides at the site. Additionally, the report recommended that the site investigation join the County of San Diego, Department of Environmental Health (DEH), Voluntary Assistance Program (V AP) and that a soil management plan be prepared prior to the initiation of any soil disturbance activities. The application for the V AP to the DEH was accepted on July 11, 2006. Ninyo and Moore subsequently prepared a Human Health Screening Evaluation (HHSE) for the subject project site. The purpose of the HHSE was to evaluate if further site characterization and risk assessment, or site remediation, in regards to residual pesticide contamination in surface soil would be appropriate. On July 31, 2006, twenty-two additional soil samples were collected from 11 locations on the site. The samples were analyzed for organochlorine pesticides by the United States Environmental Protection Agency (USEP A) test method 8081 A. The following information summarized on Table A is based on CaIlEPA, Department of Toxics Substances (DTSC), 1996 standards used to measure potential carcinogenic risks to humans. The risk to receptors for a particular parcel is considered significant if the cancer risk is equal to or greater than 1 in I million, or if the non-cancer hazard index is equal to or greater than 1. The sum of the cumulative cancer risks for chemicals of potential concern for all identified pathways ("the course a chemical or pollutant takes from the source to the organism exposed" (USEP A 1989) was quantified as approximately 1 in 700,000 for an adult receptor in Area A. Since there is a conservative bias to the quantified values, the I in 700,000 cancer risk values is considered to approximate 1 in 1 million, and therefore is not considered a potentially significant risk to an adult. The cancer and non-cancer risks to a child receptor in Area A were well below the respective threshold values. The cancer and non-cancer risk for an adult and child receptor in Area B were also significantly below the respective threshold values. (See Figure 2) ReceDtor Cancer Risk Non-Cancer Hazard Index Area A (westerly parcel) Adult 1 in 704,225 0.026 Child I in 1,364,256 0.0153 Area B (easterly Darcel) Adult I in 1,686,341 0.007 Child I in 3,257,329 0.0041 Table A Cumulative Cancer and Non-Cancer Risk 1-42 The County DEH Voluntary Assistance Program reviewed the HHSE report on September 27, 2006 and concurred with Ninyo & Moore's recommendation that a soil management plan needed to be developed. The DEH also required that additional vertical (deeper) soil delineation be accomplished. Ninyo and Moore consultants perforrned the additionally required soil sampling and reported the findings in a Soil Management Plan prepared November 2006. A subsequent Addendum (December 2006) was prepared by Ninyo & Moore at the request of the County DEH. Based on these and previous soil sampling results, the concentrations of pesticides above the laboratory reporting limits are found present in surface soils up to depths of about four feet below ground surface. In Area A, the 80% upper confidence limit (DCL) for detected pesticides indicate that soil excavated from the top four feet may be characterized as non-hazardous waste if exported off-site for disposal. However, elevated concentrations of dichlorodiphenyldiccloroethylene and total chlordane in isolated portions of Area A may result in a state or federal hazardous waste classification if this particular soil content were exported off-site. In Area B, the 80% DCL for detected pesticides indicate that soil excavated from the top approximate four feet will likely be classified as non- hazardous waste. However, based on data from the Soil Management Plan, the grids that represent the soil sample locations for B-8 and B-9 (See Figure 4) also need to be removed and verified in the same manner as Area A. The rest of the soils found in Area B may be reused on site. The County DEH recommended a removal action be perforrned for site soil contammg concentrations of pesticide that meet or exceed hazardous waste criteria. The Soil Management Plan and Soil Management Plan Addendum (December 2006) delineate the pre-removal action sampling, proposed excavation plans and procedures, and post-removal action sampling for the site referred to as Area A (See Figure 3A) and those portions cited above (B-8 and B-9) for Area B (See Figure 4). Soil materials to be exported will need to be stockpiled on site and characterized in accordance with EP A standard SW -846 requirements. Stockpile samples will be analyzed for organochlorine pesticides by EPA test method 8081 A. A Project Environmental Professional's Field Engineer/Geologist/Scientist shall observe all soil disturbance activities (including grading and excavation) and appropriately supervise the excavation and handling of all soils. For purposes of excavation and handling, material excavated from the top four feet will be considered a contaminated substance unless detennined otherwise by analytical testing, Prior to the initiation of removal action activities, Health Safety Plan (HSP) and a Community Health and Safety Plan (CHSP), and a Storrnwater Pollution Prevention Plan (SWPPP) shall be prepared by the applicant/developer. These plans shall be submitted the City of Chula Vista for review and approval prior to soil removal activities initiate. The handling and management of all soils shall require the implementation of Best Management Practices to protect temporary stockpiles from erosion and storrnwater run-on and run-off, as specified in a site-specific SWPPP that will be prepared by the Developer/Contractor. The BMPs include, but are not limited to the following: . Erosion control, . Storrnwater drainage control, . Secondary containment ( as applicable) . Fugitive emission control of dust and/or vapors, . Wind dispersion control, and . Spill prevention 1-~3 During activities where dust could potentially be generated (e.g., site grading, trenching, excavating, drilling, maintaining stockpiles, loading, and transportation) the Developer/Contractor shall employ dust suppression techniques including use of water applied by trucks, to mitigate impacts to nearby sensitive receptors (e.g., adjacent residents). With the implementation of all mitigation measures described herein, the potential adverse impacts from contaminated soils will result in a less than significant impact. Lead Containing Swfaces and Asbestos Containing Materials Based on the Asbestos and Lead-Containing Surface Survey prepared by Ninyo and Moore on March 24, 2006, it was found that the existing single-family structures and accessory buildings proposed to be demolished contain asbestos materials and lead based paint. The presence of asbestos and lead materials in a building does not necessarily mean that the health of the occupants is endangered. If these materials are in good condition and have not been disturbed, exposures are expected to be negligible. However, abatement of these materials will need to be performed by a licensed and registered asbestos and lead abatement contractor. The abatement procedure during demolition must abide with all applicable local, state and federal laws and regulations, including the San Diego County Air Pollution Control District Rule 361.145, Standard for Demolition and Renovation. The mitigation measure contained in Section F below will mitigate potential hazardous materials impacts associated with the release of asbestos and lead to a level below significance. Hvdrology and Water Oualitv Hydrology The subject properties are fully developed with residential units. The westerly project area consists of one drainage area that discharges 0.69 acres southerly into Ada Street. The easterly project area consists of two drainage areas; Basin A, drains 0.34 acres northerly and Basin B drains .62 acres southerly towards Ada Street. Based on the hydrology and drainage report prepared by CJ and Associates on July 2006, the increase in runoff from the proposed project is considered insignificant and will not alter or affect any of the downstream drainage facilities. The difference from predevelopment to post development is only 1.45 cfs for the westerly site and 1.4 cfs for the easterly project site. Water Quality The project sites are located within the Otay River Watershed, Hydrologic Unit Basin number 10.20. The project would eventually drain towards the south end of San Diego Bay. The project sites are located about one half mile from the San Diego Bay. Overall, the project area represents a very insignificant percent of the watershed area. The proposed project will not significantly alter drainage patterns on the existing developed site. The stormwater discharge points will not divert runoff from existing conditions. There will also not be a substantial increase in runoff. Post construction runoff will be directed into existing City storm drain facilities. There are no sampling data available for the existing developed site condition. Additionally, the project is not expected to generate significant amounts of non-visible pollutants. The following constituents are commonly found on similar developments and could affect water quality: . Sediment discharge due to construction activities and post-construction areas left bare 1-44 . Nutrients from fertilizers . Trash and debris deposited in drain inlets . Hydrocarbons from paved areas . Pesticides from landscaping and home use . In order to reduce potential water quality impacts to a level of less than significance Best Management Practices (BMPs) including detention facilities, if necessary will be implemented to minimize potential erosion and habitat integrity impacts downstream during construction and post- construction. Construction BMPs . Silt Fence . Street sweeping and vacuuming . Storm drain inlet protection . Stockpile Management . Stabilized Construction Entrance/Exit . Dewatering operations . Erosion control mats and spray-on applications . Gravel bag berm . Spill prevention and control Post Construction BMPs Pollutants of concern as noted above, will be addressed through three types of BMPs. These are site design, source control and treatment control. The project is designed to minimize the use of impervious areas. The landscaping will consist of both native and non-native plants. The rapid establishment of plant materials will reduce erosion. Riprap will be placed at storm drain outfalls to reduce velocities as applicable. Source control BMPs will consist of educating the homeowners in measures to prevent polluted runoff. Bio filters will be used to control water quality contamination. The Engineering Department states that the project will be subject to the requirements of the Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria. With the implementation of Best Management Practices to prevent pollution of storm drainage systems during construction and after construction the potential impacts to water resources will be reduced to less than significant. Noise Environmental Consultant EDA W, Inc., prepared an acoustical analysis (November 2005; Revised January 20, 2006) for the proposed project. Noise level measurements were conducted on October 10, 2005 and on January 13,2006. The study identified the primary noise source generator as traffic noise from 1-5, west of the project site. Other sources of noise include vehicles on .Palomar Street and Industrial Boulevard, the trolley on Industrial Boulevard, and the warning signals at the trolley grade crossing at Palomar Street. The Environmental Element of the City of Chula Vista General Plan contains applicable noise/land use compatibility guidelines, which indicate that residential uses are compatible with noise levels less than or equal to 65 dBA CNEL. Title 24 of the California Administrative Code requires that residential structures, other than detached single-family dwellings, be designed to prevent the 1_~05 intrusion of exterior noise so that the interior CNEL with windows closed, attributable to exterior sources, shall not exceed 45 dBA in any habitable room. Construction Noise Pursuant to Section 17.24.050(J) of the Chula Vista Municipal Code, noisy construction work (unless associated with emergency repairs or health and safety matters) is not permitted in residential zoning districts between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between 10:00 a.m. and 8:00 a.m. Saturday and Sunday. Project construction work is anticipated to occur between the hours of7:00 a.m. and 5:00 p.m. weekdays only. This provision of the Municipal Code would ensure that surrounding residents would not be disturbed by construction related noise during the most sensitive periods of the day. Traffic Noise Existing Traffic Noise The existing and projected noise impacts are associated with increased traffic volumes along Palomar Street and the 1-5 freeway. Based on actual noise monitoring at the project site, the acoustical report states that the predominant noise generator is traffic on Palomar Street to the north and 1-5 freeway to the west of the project site. The measured equivalent noise level (LEQ) for the north building line was 62. dBA Leq. The measured equivalent noise level (LEQ) for the most westerly building line was 60 dBA Leq. On main roadways, where nighttime traffic is greater than average, such as 1-5 and Palomar Street, CNEL is conservatively assumed to be 2 dBA greater than the average daytime noise level. Therefore, the existing CNEL at the project site at 5 feet above the ground or in other words the first floor elevation is estimated at 63 dBA. Data collected on January 13, 2006, indicated that noise levels at 2nd floor elevations is 2 dBA higher than at the first floor elevation because there is greater exposure to 1-5. While third floor measurements were not feasible, it is the judgment of the noise engineer that exposure to freeway noise would not increase with an additional ten feet in elevation, and that the noise level on the third floor would also be 2 dBA higher than at the first floor elevation. Projected Traffic Noise Noise levels are anticipated to increase in the future as traffic volumes increase on 1-5 and Palomar Street. Future traffic volumes were obtained from the project traffic report (KOA 2005) and Caltrans (2005) and from the SANDAG transportation forecast for the City of Chula Vista General Plan, which is a 2030 study (SANDAG 2004). It was conservatively assumed that average traffic speeds would not decrease with the increased volumes. The maximum exterior and first floor noise levels would occur at those areas of the site with exposure to 1-5 and Palomar Street. Noise levels would be less for those units that would have some or all exposure blocked by project buildings. With these data and assumptions, the maximum future exterior ground floor noise level at the site is forecast to be 65 dBA CNEL, which equals, but does not exceed the City standard for compatible noise levels for residential use. The data are shown in Table 1 below. As future noise levels would not exceed 65 dBA CNEL, no noise abatement or mitigation measures are required for exterior or first floor noise. 1-1J6 Table 1 Existing and Future Exterior and 1" Floor Noise Levels at the Project Site Contribution to Coutribution to Noise Level at Average Daily Noise Level at site dBA CNEL Traffic Volumes Site dBA CNEL Roadwav EXISTING FUTURE 1-5 61 162000 229000 62.5 Palomar Street 58 37500 52500 59.5 Industrial Blvd. 55 7400 11400 56.8 Noise Level 63 65 Noise levels at the second and third floor levels of those areas of the project that have exposure to 1-5 would be greater than at the first floor. The difference between the noise level at the first floor and the noise level at the second floor would be 2 dBA. Therefore, noise levels of 67 dBA CNEL are forecast for those areas of the site with exposure to 1-5 and the other principal noise sources, similar to the existing exposure. The second floor balconies that face north, south and west not having an intermittent building blocking noise, would be required to incorporate mitigation to reduce potential noise impacts to less than significant (See Figure 3). San Diego Trolley Rail Line Pursuant to the Acoustical Analysis prepared by EDA W, Inc., noise measurements were taken at the east building line during San Diego Trolley pass-bys. The noise levels did not exceed 62 dBA Leq. The trolley and rail tracks are located on the east side of Industrial Boulevard and are more than 550 feet from the closest point of the project site. While the noise from passing trains and trolley may be audible, the fact is that the noise is attenuated by the distance that separates the noise source from the location of the proposed residential units. In the future noise from these sources will be attenuated even more by intervening buildings presently being constructed. Traffic To identify potential traffic impacts associated with the development of the project, a traffic impact Assessment was prepared by Katz, Okitsu & Associates on November 2005. The traffic assessment projected that the project will generate 246 daily trips, with 20 trips occurring in the AM peak hour and 22 trips occurring in the Pm Peak hour. The proposed westerly project site will take access from two driveways. Whereas the easterly project site will take access from one driveway. All access will be from Ada Street, a local residential street. Based on the location of the project sites and a project trip analysis, it was estimated that 40% (98 vehicular trips) of the daily traffic would use Industrial Boulevard as a secondary access to exit onto Palomar Street. Accordingly, about 60% (148 vehicular trips) of the daily traffic would use Frontage Road to access Palomar Street. The proposed project will provide 80 parking spaces pursuant to the City's zoning ordinance. 1-n Short-Term Impacts (Year 0 to 4) Based on the traffic impact assessment results and the project trip generation, it is anticipated that the project will not result in any significant project specific impacts. Long-Term Impacts !Horizon Year 2010) Based on the traffic impact results recorded in the Olson Bayvista Walk Project (See Figure 2A) Traffic Impact Study prepared by KOA (September 2005), the intersections of Frontage Road and Walnut Avenue with Palomar Street would operate a deficient Level of Service (LOS) "F" under all conditions and for the Horizon Year (2010). Since the project trips comprise less than 5% of the total intersection entering volume for each of the intersections listed above, the intersection impacts would be deemed as cumulative impacts. The construction of a partial median along the centerline of Palomar Street that would restrict left turns and through traffic at the intersection of Frontage Road and Walnut Street onto Palomar would result in a LOS "C" under the worst PM peak hour conditions. Therefore, the project Applicant/Developer will be required to construct the median to the satisfaction of the City Engineer in order to mitigate the cumulative traffic impact to a level of less than significance. E. Mitigation Necessary to Avoid Significant Impacts Air Ouality 1. The following air quality mitigation measures shall be implemented during demolition, grading and construction activities: a) Minimize simultaneous operation of multiple construction equipment units b) Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills c) Use aqueous diesel fuel and lean NOx catalysts for all heavy diesel engine construction equipment d) Use electrical construction equipment as practical e) Use catalytic reduction for gasoline-powered equipment 1) Water the construction area twice daily to minimize fugitive dust g) Pave permanent roads as quickly as possible to minimize dust h) Use electricity from power poles as opposed to mobile power generators i) Pave last 100 feet of internal travel path prior to exiting onto a public street j) Install wheel washers by a paved apron prior to vehicle entry on public roads k) Remove any soil/dirt from public streets within 30 minutes of occurrence I) Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph. 2. Prior to issuing a building permit, the Applicant/Developer shall provide a list of the architectural coatings that will be used on the project demonstrating that the average volatile organic compounds (VOC) content would not exceed 125 g/L, extend the time of application, or provide a plan that will show that the combination or reduced VOC and extended time of application will result in emissions less than 55 pounds per day. Biological 3. Prior to the removal or alteration of landscaping during the months of January 15 through July 31, a preconstruction survey shall be performed by a qualified biologist to determine the presence/absence of nesting raptors and migratory birds. The preconstruction survey must encompass the construction impact area and immediate surrounding area. The pre-construction 1-~8 survey must be conducted within 10 calendar days prior to the start of construction, the results of which must be submitted to the City's Environmental Review Coordinator for review prior to initiating any construction activities. In the event that occupied nest(s) is/are found during the survey, a mitigation plan including appropriate construction setbacks and noise reduction measures shall be prepared by a qualified biologist and approved by the Environmental Review Coordinator. Paleontological 4. The developer shall have a qualified paleontological monitor on the proj ect site at all times during mass grading, excavation, and utility trenching activities in order to mitigate potential impacts to any undiscovered nomenewable paleontological resources (i.e. fossils). Hazards/Hazardous Materials 5. Prior to initiating any soil remediation or demolition activity, the Applicant/Developer shall contract with a professional environmental firm to prepare a Health and Safety Plan (HSP) and a Community Health and Safety Plan (CHSP). The Applicant/Developer shall submit these plans to the City Environmental Review Coordinator for review and approval and subsequent compliance. 6. Prior to demolition work and as a condition to be met prior to the issuance of any building or demolition permit, the applicant/developer shall show proof that a licensed and registered asbestos and lead abatement contractor shall perform asbestos containing material and lead containing surfaces abatement in accordance with all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation 7. Soil excavated from the project site shall be managed, characterized, and disposed of in accordance with the procedures outlined in the approved Soil Management Plan (November 2006) and subsequent Plan Addendum (December 2006). For purposes of excavation and handling, material excavated from the top four feet from either Area A or Area B (See figure 2) will be considered a contaminated substance unless determined otherwise by analytical testing. Soil materials to be exported off-site need to be stockpiled on site and characterized in accordance with EP A standard SW -846 requirements. Stockpile samples will be analyzed for organochlorine pesticides by EP A test method 8081 A. A Project Environmental Professional Field Engineer/Geologist/Scientist shall observe all soil disturbance activities (including grading and excavation) and appropriately supervise the excavation and handling of all soils. After completion of all soil remedial actions, the soil sampling data shall be submitted to the County of San Diego Department of Environmental Health for their review and issuance of a "No Further Action Letter", signifying that remediation goals for residential soils have been met. 8. The handling and management of all soils shall require the implementation of Best Management Practices to protect temporary stockpiles from erosion and stormwater run-on and run-off, as specified in a site-specific Stormwater Pollution Prevention Plan (SWPPP) that shall be prepared by the Developer/Contractor and approved by the City of Chula Vista Engineering Department. 9. During activities where dust could potentially be generated including site grading, trenching, excavating, drilling, maintaining stockpiles, loading and soil transportation, the Developer/Contractor shall employ dust suppression techniques including use of water applied by trucks, to mitigate impacts to nearby sensitive receptors (e.g., adjacent residents). 1Jt9 Hvdrology and Water Ouality 10. In order to reduce potential water quality impacts, the Applicant/Developer shall be required to comply with the National Pollution Discharge Elimination System (NPDES) regulations including the preparation and implementation of a Construction Storm Water Management Plan (CSWMP) and a Storm Water Pollution Prevention Plan (SWPPP). The stormwater plan, including the selection of appropriate Best Management Practices (BMPs), shall be prepared pursuant to the provisions of the California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 and will be subject to review and approval by the City ofChula Vista Engineering Department. II. The project Applicant/Developer shall be required to identifY and propose appropriate structural and non-structural Best Management Practices (BMPs), subject to the requirements of the Standard Urban Storm Water Mitigation Plans (SUSMps) and Numeric Sizing Criteria and subject to the review and approval by the City of Chula Vista Engineering Department, to minimize to the maximum extent practicable discharge of pollutants identified in the Water Quality Technical Report and generated at the site during the post-development phase of the proj ect. Noise 12. Pursuant to Section 17.24.050(J) of the City of Chula Vista Municipal Code, project-related 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. 13. Prior to the issuance of a building permit, the Applicant/Developer shall submit plans to the City of Chula Vista Building Official and Environmental Review Coordinator that include noise abatement for the patio and balcony areas on the south and north faces of each of five rows of buildings, the west face of the western building on the west parcel, and on the east parcel, the west face of the first row of buildings that extends beyond the northern boundary of the west parcel (see figure 3). Noise abatement shall consist of a solid barrier on the face of the balcony from the base of the balcony to a height of five feet. The barrier may be made of masonry, wood, glass or plexiglass, or similar material. The material is to have a minimum weight of 1.7 pounds per square foot. The barrier may be designed so that it can be opened to allow airflow, but it must be able to be closed without openings. 14. Prior to the issuance of a building permit, the applicant/developer shall submit data to the City of Chula Vista Environmental Review Coordinator and the City Building Official demonstrating that noise levels would be less than 45 dBA in habitable rooms of residence units at the south and north faces of each of the five rows of buildings and the west faces of the western row of buildings on each parcel. 15. If the proposed design includes exterior HVAC equipment, the applicant/developer shall submit data to the City of Chula Vista Environmental Review Coordinator to demonstrate that noise generated by the equipment at any adj acent residential property line would not exceed 45 dBA Leq between the hours of 10:00 p.m. and 7:00 a.m., and 50 dBA Leq between the hours of7:00 a.m. and 10:00 p.m. 1-5'0 Traffic 16. ill order to reduce cumulative significant impacts at the intersections of Frontage Road & Palomar Street and Walnut Avenue & Palomar Street to an acceptable Level of Service, the applicant/developer shall construct a partial median closure along the centerline of Palomar Street that would prohibit left turns and through movements from Frontage Road/W alnut Avenue onto Palomar Street to the satisfaction of the City Engineer. E. Consultation I. illdividuals and Organizations City of Chula Vista: Richard Zumwalt, Planning and Building Brian Catacutan, Planning and Building Luis Hernandez, Planning and Building Steve Power, Planning and Building Josie Gabriel, Planning and Building Marilyn Ponseggi, Planning and Building Garry Williams, Planning and Building Jim Newton, Engineering Ben Herrera, Engineering David Kaplan, Engineering Silvester Evetovich, Engineering Luis Pelayo, Engineering Khosro Aminpour, Public Works Richard Preuss, Police Department Richard Gari, Fire Department Dan Wery, Project Planner, RBF Applicant/Property Owner: J&J Development Agent: Jorge Sanchez Pedraza 2. Documents City of Chula Vista General Plan Title 19, Chula Vista Municipal Code Air Toxics Risk Evaluation, Scientific Associated, December 2006; Phase I Environmental Site Assessment, Ninyo & Moore, October 2005 Limited Soil Sampling Report, Ninyo & Moore, March 2006 1-1f1 Human Health Screening Evaluation, Ninyo & Moore, August 2006 Soil Management Plan & Soils Sampling Report, Ninyo & Moore, November 2006 Soil Management Plan Addendum, Ninyo & Moore, December 2006 Asbestos & Lead Containing Survey, Ninyo & Moore, March 2006 Biological Assessment of Project Site, EDA W, May 2005; Rev. July 2006 Air Quality Impact Analysis, EDA W, Inc., January 2006 Hydrology & Drainage Calculations, CJ & Associates, May 2006; Rev. July 2006 Preliminary Geotechnical Findings, Allied Earth Technology, October & December 2005 2004 Water Quality Technical Report, CJ & Associates, July 2006 Water System Analysis, Dexter Wislon Engineering, Inc., June 2006 Sewer Study, CJ & Associates, September 2006 Archaeological Survey& Historical Resource Report, EDA W, Inc., March 2006 Paleontological Record Search and Resource Sensitivity Assessment, Thomas A Demere, San Diego Natural istory Museum, February 2006 Traffic Impact Study for Bayvista Walk (project Site immediately north of Marsella Villas), Katz, Okitsu & Associates, September 2005 Traffic Assessment for Marsella Villas, Katz, Okitsu & Associates, November 2005 Initial Studv This environmental determination is based on the attached Initial Study, and any comments 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. cfiL~ Environmental Projects Manager Date: 17 1-52 ~!~ ~r- ENVIRONMENTAL CHECKLIST FORM mY Of CHUIA VISTA 1. Name of Proponent: Jorge Sanchez Pedraza 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91911 3. Addresses and Phone Number of Proponent: Jorge Sanchez Pedraza Alfa Group, Inc. 1030 White Alder Avenue Chula Vista, CA 91914 (619) 520-9620 4. Name of Proposal: Marsella Villas 5. Date of Checklist: December 19, 2006 6. Case No. IS-06-005 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Tban With Issues: 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 new source of substantial light or glare, which would adversely affect day/night views in the area? o o o . 1-53 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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, Ada Street is not designated a scenic roadway. c) The project site is within an urbanized area and contains older single family residential units. The development of a planned residential development would not substantially degrade the existing visual character or quality of the site or surrounding area. d.) Proper architectural design would ensure compliance with Section 19.66.100 of the Chula Vista Municipal Code. Exterior lighting would not be directed upward and would be designed and installed with appropriate shielding if necessary, to ensure that light does not spill horizontally beyond the limits of the development area onto adjacent roadways, and surrounding residential uses. Mitil!ation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or 0 0 0 . Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Califomia Resources Agency, to non-agricultura1 use? b) Conflict with existing zoning for agricultural use, or 0 0 0 . a Williamson Act contract? c) Involve other changes in the existing environment, 0 0 0 . which, due to their location or nature, could result in conversion ofFarrn1and, to non-agricultural use? 2 1-54 ~lf? ~T- ENVIRONMENTAL CHECKLIST FORM G1Y OF CHUIA VISTA I. Name of Proponent: Jorge Sanchez Pedraza 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91911 3. Addresses and Phone Nnmber of Proponent: Jorge Sanchez Pedraza Alfa Group, Inc. 8555 Station Village Lane, Suite 3247 San Diego, CA 92108 (858) 455-5197 4. Name of Proposal: Marsella Villas 5. Date of Checklist: December 2006 6. Case No. 1S-06-005 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Than With Issues: 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 new source of substantia11ight or glare, which would adversely affect day/night views in the area? o o o . 1-~ Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) No significant scenic vistas or views open to the public exist tbrough the site. b) In accordance with the City's General Plan, Ada Street is not designated a scenic roadway. c) The project site is within an urbanized area and contains older single family residential units. The development of a planned residential development would not substantially degrade the existing visual character or quality of the site or surrounding area. d.) Proper architectural design would ensure compliance with Section 19.66.100 of the Chula Vista Municipal Code. Exterior lighting would not be directed upward and would be designed and installed with appropriate shielding if necessary, to ensure that light does not spill horizontally beyond the limits of the development area onto adjacent roadways, and surrounding residential uses. Mitil!ation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. Would the proj ect: a) Convert Prime Farmland, Unique Farmland, or 0 0 0 . 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-agricultura1 use? b) Conflict with existing zoning for agricultural use, or 0 0 0 . a Williamson Act contract? c) Involve other changes in the existing environment, 0 0 0 . which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? 1-Ss Issues: Comments: PotentiaUy Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact a-c) The project site is presently located in a fully urban setting. 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. III. AIR QUALTIY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contrIbute substantially to an existing or proj ected air quality violation? c) Result ill a cumulatively considerable net increase of any criteria pollutant for which the proj ect regIOn IS non-attaimnent under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Comments: a-e) See Mitigated Negative Declaration, Section E. o o o o o Mitil!ation: Mitigation measures are required. See MND, Section F. 1-5'7 o . o . o . o . o o No Impact o o o o . Issues: 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 species ill 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 removal, filling, hydrological interruption, or other means? d) mterfere 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? Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o o . o o o . o o o . e) Conflict with any local policies or ordinances protecting 0 0 0 . biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat 0 0 0 . Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 1-548 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Tban Significant Impact No Impact Comments: a) The project site is located in a fully wbanized developed area. Based upon a Biological Survey conducted on September 2005 by EDA W, Inc., a Biological Consulting Finn, no candidate, sensitive, or special status species are present within or immediately adj acent to the proposed development area. b) Based upon the Cbula Vista MSCP Subarea Plan and field inspection by an EDA W staff biologist on September 2005, no riparian habitat or other sensitive natural communities are present within or immediately adjacent to the proposed project site. c) Based upon field inspection by an EDAW staffbiologist on September 2005, no wetlands are present within or immediately adjacent to the proposed development area. d) Based upon the Cbula Vista MSCP Subarea Plan and field inspection by an EDA W staffbiologist on September 2005, no native resident or migratory wildlife corridors or native wildlife nursery sites exist within or immediately adjacent to the proposed development area. A vacant dirt lot subject to development is located north of the project site. The project also proposes the removal of ornamental trees. This action has the potential to impact migratory birds. The potential impact to nesting raptors and migratory birds can be mitigated by either performing tree removal outside of the breeding season or by performing a presence/absence survey for breeding birds three days in advance to the proposed removal date. If active nests are identified then the trees will not be removed until the nests are no longer active. e) No impacts to any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance would result from the proposed project development. f) No impacts to local, regional or state habitat conservation plans would result since the project site is a designated development area pursuant to the adopted Cbula Vista MSCP Subarea Plan. Mitil!ation: Mitigation measure is required. See Section F of the MND. 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? o o . o b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines S 15064.5? o o o . 1-5'9 Issu es: Potentially Signillcant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? D . D D d) Disturb any human remains, including those interred outside offormal cemeteries. D D D . Comments: a) An historic evaluation was conducted by EDA W, Inc. on March 2006. Based on this survey one residential dwelling unit built in 1929 was encountered. Due to extensive alterations to windows and exterior finish the building does not retain sufficient architectural integrity. The residential building was not considered significant under CEQA since it did not meet the criteria for listing in the California Register of Historic Resources (Public Resources Code Sec.5024.1, title 14 CCR, Section 4852). b) An archaeological survey was conducted by EDA W, Inc. on March 2006. Based on this survey no cultural resources were identified within the project area, and no previously recorded sites are located within the project boundaries. Therefore, no cultural resources will be impacted by the proposed construction, and no further archaeological investigations are recommended for this project. c) A paleontological record search and resource assessment has been completed by Thomas A. Demere, Ph. D. on February 13, 2006. The report states that because of the high paleontolgical resource potential of the Bay Point Formation and the "nearshore marine sandstone," paleontological monitoring of mass grading, excavation, and utility trenching activities in areas so mapped should be required to mitigate impacts to any undiscovered nonrenewable paleontological resources (i.e. fossils). Mitigation: Mitigation measures regarding potential paleontological resources are required. See Section F ofMND. VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 1. 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 . 1-6~ Issues: 11. Strong seismic grOlmd shaking? Ill. 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? 7 1-61 Potentially Significant Impact o o o o o o o Less Than Significant With Mitigation Incorporated o o o o o o o Less Than Significant Impact o o o . o . o No Impact . . . o . o . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-e) The site has been previously graded and developed with single family residential units. There are no known or suspected seismic hazards associated with the project site. The project site lies over one mile west of the La Nacion Fault Zone (an inactive fault zone). The closest recently active fault is the Rose Canyon Fault, located about 8 miles south of the site. The site is not located within an Alquist-Priolo Special Studies Zone. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. Allied Earth Technology prepared a Geotechnical/Soils report on February 2005. The report, approved by the City Engineering Department, states that no adverse geotechnical conditions were encountered which would prohibit the proposed development of the site. The preparation and submittal of a final soils report will be required prior to the issuance of a grading permit as a standard engineering requirement. In order to prevent silt discharge during construction, the developer will required to comply with best management practices in "accordance with NPDES Order No. 2001-01. The appropriate standard erosion control measures would be identified in conjunction with preparation of final grading plans and would be monitored and implemented during construction by the Engineering Division. Therefore, the potential for the discharge of silt into city drainage systems would be less than significant. Mitigation: Mitigation measures are not required. 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? D . D D b) Create a significant hazard to the public or the D . D D 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 D D D . acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 8 1-62 Issues: d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 1-~3 Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporated o o o o o Less Than Significant Impact o o o o o No Impact . . . . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-d)A Phase I Environmental Site Assessment report was prepared by Ninyo & Moore on October 6, 2005 for the project site. Historical research as part of the Phase I report identified the project site as an area formerly dedicated to agricultural uses. The Phase I recommended a shallow subsurface investigation to evaluate the presence of residual pesticides. The Limited Soil Sampling Report prepared by Ninyo & Moore on March 24, 2006 detected pesticide samples at above the State of California hazardous waste level of 1.0 mglkg. A Human Health Screening Evaluation (HHSE) was subsequently prepared by Ninyo & Moore and submitted for review and approval by the City and County Department of Environmental Health (DEH). The DEH concurred with the findings of the HHSE, which determined the estimated risk to humans to be at an acceptable level. The DEH required the preparation of a Soil Management Plan to be available prior to the issuance of any grading permits. The Soil Management Plan & subsequent Addendum addresses the notification, monitoring, sampling, testing, handling, storage and disposal of contaminated soil, media or substances that may be encountered. Mitigation measures are required. Ninyo & Moore Consultants also conducted an asbestos and lead-containing surface survey at the eight residential buildings located on the project site. Based on this survey ACMs were located in each of the eight buildings. Appropriate mitigation measures will be required. e-f) The project is not located within an airport land use plan or within two miles of an airport. g) The project as proposed and based on its location would not interfere with an adopted emergency response plan. No impacts are noted. h) The project site is not adjacentto a wildlands area. No impacts related to significant risk ofIoss, injury or death involving wildland fires are noted. Mitie:ation: Mitigation measures are required. See Section F of the Mitigated Negative Declaration. VIII. HYDROLOGY AND WATER QUALITY. Would the project: Result in an increase in pollutant discharges to receiving 0 . 0 0 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? a) Substantially deplete groundwater supplies or interfere 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 1-6~ Issues: 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? b) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off.site? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structures within a 100-year flood hazard area which would impede or redirect flood flows? d) Expose people or structures to a significant risk ofloss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? e) Create or contribute runoff water, which would exceed the capacity of existing or planned storrnwater drainage systerns or provide substantial additional sources of polluted runoff? 11 1-65 Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o . Less Than Significant Impact o . o o No Impact . o . o Issu es: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The proposed grading and development of the vacant site would result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff. There is a potential for an increase in pollutant discharges. However, standard BMP requirements will reduce any potential impacts to water bodies to less than significant. b) The project would not result in a substantial depletion of groundwater supplies or interfere substantially with groundwater recharge. c) The proposed grading and development of the vacant site would result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff but would not result in adverse impacts to streams or rivers that would result in substantial erosion or siltation. d) The proposed grading and development of the vacant site would result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff but would not result in adverse impacts to streams or rivers that would result in substantial flooding or place structures in a flood zone. e) The proposal would not expose people or structures to significant risk of loss or injury or death involving flooding. f) The proposed grading and development of the vacant site would result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff but would not exceed the capacity of existing stormwater drainage facilities. Mitillation: Mitigation measures are required. See Section F of the Mitigated Negative Declaration. IX. LAND USE AND PLANNING. Would the project: 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 . 1-~S Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a. The project site is within an established residential community. The proposal would not result in a community being physically divided. b. The General Plan designates the project site as a Transit Focus Area (IF A). The residential project will be consistent with the General Plan designation subject to approval of a Conditional Use Pennit (CUP) and a zone change to the appropriate zoning. c. The project would not conflict with the adopted City of Chula Vista MSCP Subarea Plan. Mitil!ation: No mitigation measures are required. 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 . Comments: a-b) The proposal would not result in any loss of any known mineral on-site. Pursuant to the Environmental hnpact Report for the City of Chula Vista General Plan, the State of California Department of Conservation has not designated the project site for mineral resource protection. 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 o . o o 13 1-67 Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive D . D D groundborne vibration or groundborne noise levels? c) A substantial pennanent increase in ambient noise D D . D levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic mcrease m D . D D 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, D D D . where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? D D D . 14 1-68 Issues: PotentiaUy Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: 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: Mitigation measures are required. See Mitigated Negative Declaration, Section F. XII. POPULATION AND HOUSING. Would the project: a) fuduce 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 replacement housing elsewhere? o o o . c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o . Comments: a-<:) The proposal involves a minirnaI increase in population and would not induce population growth or displace substantial housing stock or people. New housing stock would be made available through approval of this project. Mitil!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 15 1-69 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental 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 . Comments: a) According to the Fire Department, the propositi would not have a significant effect upon or result in a need for new or altered fire protection services. b) According to the Police Department, the proposal would not have a significant effect upon or result in a need for substantial new or altered police protection services. c) The proposed project would not induce significant population growth, However, since schools are presently impacted in the area, the Chula Vista School District recommends that the project applicant set up a Mello-Roos type of a district. d) Because the proposed project would not induce population growth, it would not create a demand for neighborhood or regional parks or facilities or impact existing park facilities. e) The proposed project would not have a significant effect upon or result in a need for new or expanded governmental services and could continue to be served by existing public infrastructure. Miti!!ation: No mitigation measures are required. XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would o o o . 16 1-70 Issues: 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 Less Than Significant With Mitigation Incorporated o Less Than Significant Impact o No Impact . a) Because the proposed project 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 I TRAFFIC. Would the project: 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 pattems, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or 17 1-71 o o o 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 incompanble uses (e.g., farm equipment)? e) Result in inadequate ernergency 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 alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: See Mitigated Negative Declaration, Section E. Mitil!ation: Mitigation measures are required. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treannent requirements of the . applicable Regional Water Quality Control Board? o o o . b) Require or result in the construction of new water or wastewater treannent 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 stonn water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? o o . o d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are o o o . 18 1-72 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact new or expanded entitlements needed? e) Result in a detennination 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 corrnnitments? o o o . /) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? o o . o g) Comply with federal, state, and local statutes and regulations related to solid waste? o o . o Comments: a) The project is located within an urban setting presently served by all utilities and service systems and would not exceed the wastewater treatment requirements of the RWQCB. Therefore no adverse impacts to wastewater treatment facilities would occur as a result of the proposed project. b) The proposal would not require new construction nor expansion of existing wastewater treatment facilities. Development of the project will not impact existing water or wastewater treatment facilities. c) No construction of new storm water drainage facilities or expansion of existing facilities would be necessary as a result of the proposed project. The project is required to implement Best Management Practices to prevent pollution of storm drainage systems and comply with the City Storm Water Management Requirements therefore, environmental impacts would be less than significant. d) The project site is within the Sweetwater Water District service territory. The Water District has stated that they have the capacity to serve the proposed project. e) The City of Chula Vista has sufficient wastewater capacity to serve this project. No impacts are noted. /) The project will be served by a local landfill that has adequate capacity. g) The proposed project will comply with all state and local solid waste requirements. No impacts are noted. Mitil!ation: No mitigation measures are required. XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? 19 1-73 Issues: A. Library The City shall construct 60,000 gross square feet (GSF) of additionallibrnry space, over the JlIDe 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 lIDits 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 "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. E) Parks and Recreation Areas The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate 20 1-74 Potentially Significant Impact o o o o o Less ThaD Significant With Mitigation Incorporated o o o . o Less Than Significant Impact o o o o o No Impact . . . o . Issues: facilitiesll,OOO population east ofI-805. F) Drainage The 1breshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. G) Sewer The Tbreshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. H) Water The Tbreshold 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 permit issuance. 21 1-75 Potentially Significant Impact o o o Less Than Significant With Mitigation Incorporated o o o Less Than Significant Impact . o o No Impact o . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project would not significantly induce population growth; therefore, no impacts to library facilities would result. No adverse impact to the City's Library 1breshold 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 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 contribute to the incremental increase in fire service demand throughout the City. This increased demand on fire services will not result in a significant cumulative impact. No adverse impact to the City's Fire threshold standards would occur as a result of the proposed project. d) The surrotmding street segments and intersections continue to operate in compliance with the City's Traffic Threshold Standards at LOS "C" or better with the exception of the intersection of Frontage Road/W aluut Avenue & Palomar Street, which operate at an LOS "F" during AM & PM peak hours with or without the project. However, since the project trips comprise less than 3% of the total intersection entering volume, the intersection and segment impacts would be deemed as cumulative impacts. In order to reduce this cumulative impact, mitigation is required. See Mitigated Negative Declaration, Section F. e) The project proposes residential development west ofl-80S; this Threshold Standard is not applicable. f) The applicant proposes new drainage facilities on the project site in order to properly convey stonnwater from the developed site to existing city drainage facilities. No adverse impacts to the City's storm drainage system or City's Drainage 1breshold standards will occur as result of the proposed project. g) Based on the Sewer study prepared by CJ & Associates on May 10, 2006 (Rev. July 2006), the Engineering Division has determined that the existing sewer facilities are adequate to serve the proposed project. No new sewer facilities are anticipated to be required and no adverse impacts to the City's Sewer 1breshold standards will occur as a result of the proposed project. h) Pursuant to correspondence received from Sweetwater Authority, there is a IO-inch water main located on the north side of Ada Street, a l6-inch water main located on the east side of Industrial Avenue, and a 6-inch main on the east side of Frontage Road. Sweetwater Authority indicates that water service can be provided at the required pressures once the owner enters into an agreement for water facility improvements. The existing domestic water services and fire service that currently service the project site are adequate and will not need to be altered. Project impacts to the Authority's storage, treatment, and transmission facilities would be less than significant. 22 1-76 Issues: XVIll. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project 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 e1iminate a plant or animal connnunity, reduce the number or restrict the range of a rare or endangered plant or animal or e1iminate important examples of the major periods of Califomia history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have 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) The project site is presently developed with residential units. The project site is located within an established residential connmmity. The site lies within the designated development area of the adopted Chula Vista MSCP Subarea Plan. There are no sensitive plant or animal species or cultural resources on the site. b) As described 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 projects, other current projects and probable future projects have been identified. c) See Mitigated Negative Declaration, Section E. 23 1-77 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table 1, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration IS-06-005. 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 . will implement same to the satisfaction ofthe Environmental Review Coordinator. Fa' e to sign the line provided below prior to posting of this Mitigated Negative Declaration with e County Clerk shall 1 dicate the Applicant's and Operator's desire that the Project be held in abeyance without approv and that the Applicant and Operator shall apply for an Environmental Impact Report. 10V\.cl pe>6r6X ~ .~. Jotge Sanchez Pedra ( l?+~~ lOb Dat 24 1-78 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 . TransportationfTraffic o Population and Housing lIBiological Resources o Geophysical 0 Energy and Mineral Resources o Public Services o Utilities and Service Systems o Aesthetics o Agricultural Resources . HydrologylWater . Hazards and Hazardous Materials o Cultural Resources . Air Quality . Paleontological Resources . Noise o Recreation o Mandatory Findings of Significance 25 1-79 XXII. 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: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the 0 environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. !)..'tJ <..D <:>7 1 Guerrero ntal Project's Manager ula Vista J:\Planning\BenG\lnitial Study\1S.06-005.doc 26 1-80 ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Marsella Villas Proiect - IS-06-005 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista- in conjunction with the proposed Marsella Villas Townhome project. The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-06- 005). The legislation requires public agencies to ensure that adequate mitigation measures are implemented 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. Paleontological 4. Hazards and Hazardous Materials 5. Hydrology and Water Quality 6. Noise 7. TransportationlTraffic 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 IS-06-005 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 IS-06-005, which will be implemented as part ofthe project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. 1-81 1. The following air quality mitigation measures ApplicanUDeveloper shall be implemented during grading and Environmental construction. These requirements shall be Projects Manager to shown on all applicable design and verify Improvement plans as details, notes, or as otherwise appropriate. and shall not be Notes X X deviated from unless approved in advance in writing by the City's Environmental Review On Coordinator: TM a. . Minimize simultaneous operation of multiple & construction equipment units. Environmental b. Trucks hauling dirt & debris shall be Projects Manager to Grading & X X . verify properly covered to reduce windblown dust Impro. & spills Plans c. Use aqueous diesel fuel & lean NOx . catalysts for all heavy diesel engine d. construction equipment. Environmental Use electrical construction equipment as X X . Projects Manager to e. practical verify. . Use catalytic reduction for gasolinew powered equipment f. Water the construction area twice daily to . minimize fugitive dust g. . Pave permanent roads as quickly as possible to minimize dust h. . Use electricity from power poles as I. opposed to mobile power generators Environmental Notes on . Pave last 100 feet of Internal travel path Projects Manager to Building X X prior to exiting onto a public street verify Permit j. . Install wheel washers by a paved apron prior to vehide entry on public roads k. . Remove any soil/dirt from public streets within 30 minutes of occurrence I. . Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph Page. I 2. Prior to issuing a building permit, the ApplicanVDeveloper shall provide a list of the architectural coatings that will be used on the project demonstrating that the average volatile organic compounds (VQC) content will not exceed 125 gIL, extend the time of application, or provide a plan that will show the combination or reduced vac and extended time of application will result in emissions less than 55 pounds per day. Environmental Projects Manager to verify Notes on Building Permit x x 3. Prior to the removal or alteration of Environmental landscaping during the months of January 15 Projects Manager to through July 31, a preconstruction survey shall verify be performed by a qualified biologist to determine the presence/absence of nesting raptors and migratory birds. The preconstruction survey must encompass the construction impact area and immediate surrounding area. The preconstruction survey must be conducted within 10 calendar days prior to the start of construction, the results of whlch must be submitted to the City's Envlronmental Revlew Coordinator for review prior to Initiating any construction actlvltles. In the event that occupied nest(s) is/are found during the survey, a mitigation plan including appropriate construction setbacks and noise reduction measures shall be prepared by a qualified biologist and approved by the Environmental Review Coordinator. 4. The developer shall have a qualified Environmental paleontological monitor on the project site at Projects Manager to all times during mass grading, excavaUon, and verify utility trenchlng activities in order to mltigate potential impacts to any undiscovered nonrenewable paleontological resources (Le. fossils). x As a note onTM& grading plans x ApplicanVDeveloper x x As a note onTM& grading plans x x AppllcanVDeveloper Page - 2 5. Prior to initiating any soil remediation or Environmental demolitlon activity I the Applicant/Developer Projects Manager to shall contract with a professional verify by maintaining environmental. firm to prepare a Health & In contact with Safety Plan (HSP) & a Community Health & Environmental Safety Plan (CHSP). The Applicant/Developer Consultant shall submit these plans to the City Environmental Review Coordinator for review & approval & subsequent compliance. Prior to demolition work and as a condition to Environmental be met prior to the issuance of any building or Projects Manager to demolition permit, the appllcanVdeveloper verify by maintaining shall show proof that a licensed and registered In contact with asbestos and lead abatement contractor shall Environmental perform asbestos containing material and lead Consultant & County containing surfaces abatement in accordance DEH with all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation. Soil excavated from the project site shall be Environmental managed, characterized, and disposed of in Projects Manager to accordance with the procedures outlined in the verify by maintaining approved Soil Management Plan (11/06) & contact with subsequent Plan Addendum (12/06). For Environmental purposes of excavation & handling, malerial Consultant & County excavated from the top four feet from either DEH Area A or Area B (See FIgure 2) will be considered a contaminated substance unless determined othelWise by analytical testing. Soil materials to be exported off-site need to be stockpiled on site and characterized In accordance with EPA standard SW.846 requirements. Stockpile samples will be analyzed for organochlorine pesticides by EPA test method 8081 A. A Project Environmental Professional Field Engineer/GeologisUScientist shall observe all soil disturbance activities (Including grading & excavatlon) & appropriately supervise the excavation & handling of all salls. After completion of all soil remedial actions, the soil sampling data shall be submitted to the County of San Diego Department of Envionremental Health for their review & issuance of a ~No further Action Letter~, signifying that remediation goals for residential soils have been met. 6. 7. X As a note on TM & grading pians & prior to Issuance any demolition armlt X As a note on TM & grading plans X X ApplicanVDeveloper X X ApplicanUDeveloper As a note onTM& grading plans & Building Permits X ApplicanUDeveloper X Page - 3 The handling & management of all soils shall Building/Engineering require the implementation of Best Inspectors to verify Management Practices to protect temporary stockpiles from erosion & stormwater run-on & run~off, as specified in a slte=speciflc Stormwater Prevention Plan (SWPP) that shall be prepared by the Developer/Contractor & approved by the City of Chula Vista En ineerin De artment. During activities where dust could potentially Building/Engineering be generated including site grading, trenching, Inspectors to verify excavating, drilling, maintaining stockpiles, loading & soil transportation, the Developer/Contractor shall employ dust suppression techniques including use of water applied by trucks, to mitigate impacts to nearby sensitive receptors {e.g., adjacent residents . 8. 9. As a note onTM& grading plans x x Developer/Contractor As a note onTM& grading plans x Developer/Contractor x 10. ApplicanUDeveloper In order to reduce potential water quality Environmental Impacts, the ApplicanVDeveloper shall be Projects Manager to required to comply with the National Pollution verify w/Clty Building Discharge Elimination System (NPDES) and Engineering regulations including the preparation and staff implementation of a Construction Storm Water Management Plan (CSWMP) and a Storm Water Pollution Prevention Plan (SWPPP). The stormwater plan, Including the selection of appropriate Best Management Practices (BMPs), shall be prepared pursuant to the provisions of the California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 & will be subject to review & approval by the City of Chula Vista En ineer!n De artment. 11. The Project AppllcanVDeveloper shall be required to Identify & propose appropriate structural & non-structural Best Management Practices (BMPs), subject to review & approval by the City of Chula Vista Engineering Department, to minimize to the maximum extent practicable discharge of pollutants identified in the Water Quality Technical Report & generated at the site during the post~development phase of the ro'ect. Environmental Projects Manager to verify w/City Building and Engineering staff As a note onTM& grading plans x x As a note on TM & grading plans x x Page - 4 12. Pursuant to Section 17.24.050(J) of the Chula Code Vista Municipal Code, project-related Enforcement construction activities shall be prohibited Officers to between the hours of 10:00 p.m. and 7:00 respond to any a.m. Monday through Friday and between flagrant violations 10:00 p.m. and 8:00 a.m. Saturdays and Sunda s. Prior to issuance of a building permit, the Environmental appJicanUdeveloper shall submit plans to the Projects Manager City of Chula Vista Building Official and to verify by Environmental Review Coordinator that reviewing final Include noise abatement for the patio & noise report balcony areas on the south & north faces of each of five rows of buildings, the west face of the western building on the west parcel. and on the east parcel, the west face of the first row of buildings that extends beyond the northern boundary of the west parcel (see figure 3). Noise abatement shall consist of a solid barrier on the face of the patio or balcony from the base to a height of five feet. The barrier may be made of masonry, wood, glass or plexiglass, or similar material. The material is to have a minimum weight of 1.7 pounds per square foot. The barrier may be designed so that it can be opened to allow airflow, but it must be able to be closed without 0 enin s. Prior to the issuance of a building permit, the Environmental AppllcanlJDeveloper shall submit data to the Projects Manager City of Chula Vista Building Official & to verify by Environmental Review Coordinator coordinating demonstrating that noise levels would be less review of Building than 45 dBA in habitable rooms of residence Plans units at the south and north faces of each of the five rows of buildings and the west faces of the western row of buildings on each arcel. If the proposed design includes exterior HV AC Environmental equipment, the applicanVdeve!loper shall Projects Manager submit data to the City of Chula Vista to verify by Environmental Review Coordinator to coordinating demonstrate that noise generated by the review of Building equipment at any adjacent residential property Plans line would not exceed 45 dBA Leq between the hours of 10:00 p.m. and 7:00 a,m., and 50 dBA Leq between the hours of 7:00 a.m. and 10:00 .m. 13. ~ I 00 m 14. 15. As a note on TM & grading plans As a note on TM & grading plans x As a note on Building Plans x As a note on Building Plans x x AppilcanU Developer x AppilcanU Developer x x x AppUcanUDevelop er x x ApplicanVDevelop er Page - 5 16. In order to reduce cumulative significant Environmental impacts at the Intersections of Frontage Road Projects Manager & Palomar Street and Walnut Avenue & to verify with City Palomar Street, the ApplicanVDeveloper shall Engineering staff construct a partial median closure along the & Public Works centerline of Palomar Street that would Inspectors prohibit left turns and through movements from Frontage RoadlWalnut Avenue onto Palomar Street to the satisfaction of the City En jneef. ~ I 00 '-J X As a note on TM & lmprov, Plans x x ApplicanU Developer Page .6 Arr-4C ft AI ErlT ~-- LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 8.4.3 Palomar Gateway District Description of District The Palomar Gateway District (Figure 5-23) is located at the interchange of Palomar Street and Interstate 5, and is characterized by the Paiomar Trolley Station, located at the southeast quadrant of Palomar Street and Industrial Boulevard. Existing Conditions North of Palomar Street are light industrial businesses and multi-family housing. South of Palomar Street is a mix of single-family and multi-family housing extending south to Anita Street Vision for District The Palomar Gateway District is the major southern gateway into the City and functions as one of the activity corridors in the City. The District provides housing and support uses near a regional transit route. Higher density residential development within walking distance of the Palomar Trolley Station provides additional affordable housing opportunities. Local retail and services are along Palomar Street and more retail and services are in mixed use developments south of Palomar Street In addition to nearby community-serving retaii uses on Broadway and Palomar Street a new five-acre neighborhood park is located in the area north of Oxford Street within walking distance of new residential housing. 1-88 Page LUT-147 ~\{f?. -- ""'" G1UlA VISt4. ~J~Chula f3~~) Vista ~i5IVision . 2020 Southwest Planning Area Palomar Gateway & West Fairfield Districts -g iii :., .. '" . "is. ~-o ~~ "Ill -0 So P'ARK& RECRSA ilON it . ,j IIN~~;:AL .j! r 'Iii! ~ ~~.".;.". ~ . . . . . . . . . . . . . . · MIXED USE : COMMERCIAL . . . . . . . . . . . . ++ .+ .+ . . -"\"1 RES. MED. RE~AIL o,dcrd st. RETAIL Palomar St RETAIL T5 · 'S ... ~,~. ^ i.~1 i/I'gj .,'gj i~ 1!i E2 LIMITED · E2 INDUSTRIAL i.t= .1=- .e NC;,-" ~lsl liS 'il<= -111j~. · . F1 @ . f2 SAN DIEGO I ~ <S-. TROLLEY LINE ,~,.- SAN DIEGO WfLDLlFE REFUGE HIGH e . liMITED iNDUSTRIAL LEGEND Main St EI EXISTING TRANSIT STATION ~ WEST FAIRFiELD DISTRiCT . e I . FUTURE TRANSIT ROUTE PUBLIC QUASI-PUBLIC (POTENTIAl EDUCATIONAl FACILITY) POTENTIAl NEIGHBORHOOD PARK NOT TO SCAlE AREAS OF CHANGE EXISTING lAND USE .I Figure 5.23 Page LlJT-148 City of Chula Vista General Plan 1-89 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Establish a Mixed Use Transit Focus Area surrounding the Palomar Trolley Station. Policies LUT 43.1 The City shall prepare, or cause to have prepared, a specific plan, master plan, or other regulatOlY document to guide the coordinated establishment of a Mixed Use Transit Focus Area within the Palomar Gateway District on properties north and south of Palomar Street within walkable distance of the Palomar Trolley Station. The specific plan or other regulatory document shall include guidelines and zoning-level standards for the arrangement of iand uses that include pians for adequate pedestrian connections and support . services for residents, as well as those using the transit station. The City will prepare an Impiementation Program to assure establishment of the above plan/regulations. The Program will include interim provisions for the consideration of any projects within this areas, prior to completion and adoption of the according plan/regulations. LUT 43.2 Provide for a five-acre neighborhood park within the Palomar Gateway District Uses LUT 43.3 Strive for a distribution of uses within the areas designated as Mixed Use Transit Focus Area along Palomar Street to include retail. offices, and residential, as generally shown on the following chart: ~'fr :,::,-" .- D Residential i!i.IRetail . Offices I 1-90 ~l/?- -r Page LUT-149 OiU~~A ~~Ch~a -:i.~tf.l V 18 ta ~V'Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 LUT 43.4 Provide a mix of uses with a focus on retail and some office uses along Palomar Street in the Mixed Use Transit Focus Area, with residential uses above and/or behind the retaii and offices uses. LUT 43.5 Provide a mix of local-serving retail and office uses near the Palomar Trolley Station and at the Gateways into the Palomar Gateway District Intensity/Height LUT 43.6 In the Palomar Gateway District residential densities within the Mixed Use Transit Focus Area designation are intended to have a district-wide gross densiiy of 40 dwelling units per acre. LUT 43.7 In the Palomar Gateway District the commercial (retail and office) portion of the Mixed Use Transit Focus Area 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 vary 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 43.8 Buiiding heights in the Palomar Gateway District Mixed Use Transit Focus Area shall be low-rise, with some mid-rise buildings. LUT 43.9 Building heights in the Residential High designated area shall be low-rise buiidings. LUT 43.:1..0 In the Palomar Gateway District permit a maximum floor area ratio of 0.5 and low-rise buildings in the Retaii Commercial designated area on Industrial Boulevard adjacent to the area designated as Residential High. Design LUT 43.:1..:1.. The specific pian or other regulatory document for the Palomar Gateway District shall establish design and landscape guidelines for the improvement of Palomar Street as a gateway to the Ciiy. LUT 43.:1..2 Provide for safe: effective, and aesthetic pedestrian crossings and improvements to Palomar Street and Industrial Boulevard. Page LUT-150 City ofChula Vista General Plan 1-91 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Amenities LUT 43.13 Community amenities to be considered for the Palomar Gateway District as part of any incentive program should include, but not be limited to those listed in Policy LLJT 27.1. - LUT 43.14 Provide for the development of one Neighborhood Park within or near the Palomar Gateway District LUT 43.15 Establish a community/cultural center near Palomar Street and Third Avenue. 8.4.4 West Fairfield District Description of District The West Fairfeld District (see Figure 5-23), originally part of the Fairfeld neighborhood that was severed by the construction of Interstate 5, is located on the west side of Interstate 5, between Palomar Street and Main Street and is flanked by San Diego Bay on the west Existing Conditions The West Fairfield Distrtct has a mix of light industrial and office uses interspersed with older, single-family homes and vacant lots West Fairfield is somewhat isolated from the rest of Chula Vista, due to Interstate 5 forming its eastern edge. Pedestrtan routes across the freeway are limited and heavily traveled by cars and trucks. Freeway on- and off-ramps at PalomarStreet provide convenient freeway access into the Distrtct for vehicles. Vision for District The West Fairfield Distrtct has been redeveloped through a well-planned and coordinated master plan. There are few land use conflicts, and land uses have been expanded by reclaiming an old San Diego settlement pond to the southwest The West Fairfield District has good freeway access at Paiomar and Main Streets, and it is an employment center, with regional retail and other employment uses. An educational facility is also located in the West Fairfield District .,;,,\!{t- - - Page LUT-151 an-~ CHUlA YISV'. 1-92 A TfJt-CI-1/Vlt,U/ 6 Response to Theresa Acerro's comment letter on the Marsella Villas MND IS-06-005 Comment Item #la: Proiect Design Impact Content of comments states that in the absence of a specific plan for the Palomar Gateway area a severe and unmitigatable effect to the community character is being caused by proposed project. Response to Item#la: The Chula Vista General Plan Update Final Environmental Impact (Dec. 2005) states that the City shall prepare, or cause to have prepared, a specific plan, master plan, or other regulatory document to guide the coordinated establishment of a Mixed Use Transit Focus Area within the Palomar Gateway District. This reference is made to the Preferred Plan, which according to Policy LUT 43.6 of the General Plan would permit 40 dwelling units per acre within the Transit Focus Area. The proposed project density of 24 units per acre is significantly below the target density of 40 dwelling units per acre. Under the existing R-2 zone, development could take place at around nine dwelling units per acre. The proposed project size and scale would not have the potential to cause severe or significant adverse impacts to the community character that full implementation of the Preferred Plan would. Since seven dwelling units are being removed, the net increase of dwellings in the community would in reality be 32 townhomes. Secondly, the project is residential in nature and it is compatible with multifamily residential development to the east as well as the mobile home park to the north and additional new development found along Ada Street. The proposed development represents an improvement to the existing neighborhood. Many surrounding residents have spoken in the public forums and public meetings held in support of the proposed development. Residents have mentioned existing blighted conditions, lack of lighting and increased security risks as reasons for favoring the proposed development. Thirdly, objective LUT 43.1 of the General Plan allows for a specific plan, master plan or other regulatory document to guide development. The proposed project is subject to Design Review Committee approval the establishment of a Precise Plan and site plan review by planning staff. Additionally the project is subject to the approval of a parcel map and precise plan that will serve as the regulatory document for implementation of the . entire city approved design standards, streetscape, sidewalks, landscape and pedestrian features that will be required in order for the project to be in compliance with the general plan policies and objectives. Comment Item # 1 b Soils contaminated bv pesticides Response to Item # 1 b The proposed development site was subject to the preparation of a Phase I Environmental Site Assessment, and soil sampling reports that accurately characterized the subject site 1-93 soils with respect to pesticide contamination. The technical reports and soil remediation proposal were subject to review and approval by the San Diego County Department of Environmental Health, Site Assessment and Mitigation Division. Prior to commencement of any construction, the upper one foot of the project soils will be removed along with any spots that contain levels of pesticide that are deemed harmful to human health. The County Department of Environmental Health will review the final clean-up report prepared for the site. The proposed development offers the opportunity to clean up the environment by removing contaminated soils from within an existing residential community. Comment Item #lc: the absence of a specific plan has a potential negative cumulative effect upon infrastructure that is old and in many cases in poor repair. Water lines Response to Item #lc: The Sweetwater Authority maintains the water system in this part of the City. The Sweetwater Authority has issued a "Will Serve" letter to developer indicating that they have the capacity to serve the proposed development. Comment Item #ld: the absence of a specific plan has a potential negative cumulative effect upon infrastructure that is old and in many cases in poor repair. Sewer lines Response to Item #ld: The City ofChula Vista Public Works Department comments that there has not been a failure of either sewer or storm drain systems in the area. A Public Works supervisor indicates that routine maintenance of storm drains has occurred within this area in the past year, but no failures. Comment Item #le: the absence of a specific plan has a potential negative cumulative effect upon infrastructure that is old and in many cases in poor repair. Drainage facilities Response to Item #1 e: The City of Chula Vista Public Works Department comments that there has not been a failure of either sewer or storm drain systems in the area. A Public Works supervisor indicates that routine maintenance of storm drains has occurred within this area in the past year, but no failures. Comment Item #1f: Provide a mix of land uses that meets community needs and generates sufficient revenue to sustain exemplary community servIces. facilities and amenities Response to Item # 1f: The area where the proj ect is proposed is residential in nature. A local residential street serves the project site and surrounding residences. To introduce commercial retail uses within a full residential neighborhood would probably prove to be disruptive. Other areas within the Palomar Gateway Area are more suited for the mixed land use concept proposed by the General Plan. Amenities are being provided as part of the project design approval including common open space, tot lots, pedestrian connections to adjacent properties to permit access to transit focus areas, landscaping, pedestrian oriented lighting, walls and fences and exemplary architectural design. ). 1-94 Comment Item #2: Proiect needs to implement mitigation measures of CVGPUFEIR Response to Item #2:The project required the preparation of over 15 technical documents in support of the Mitigated Negative Declaration. These technical documents assessed, tested and analyzed project specific issues related to traffic, noise, soil hazards, air quality, archaeological, historical, paleontlogical, geotechnical, water, sewer, drainage and water quality. Recommendations from these reports were incorporated where applicable, as mitigation measures and as conditions of project approval. The Design Review Committee reviewed and made recommendations with respect to the architectural design to ensure a quality product. Proposed conditions of approval and site-specific mitigation measures have reduced any potential project adverse impacts to a level of insignificance. Comment Item#3: Someone is not doing the required mitigation measure monitoring. Response to Item #3: Project specific mitigations have been recommended for adoption as part of the Mitigated Negative Declaration. Once the project is approved and the MND is adopted along with the Mitigation Measure Monitoring Program, City staff will be responsible for overseeing the complete and full implementation of the adopted Mitigation Measure Monitoring Program for this project. Comment Item #4: What about mitigation requirement for project amenities? Response to Item #4: Project amenities are being provided as part of the project design approval including common open space, tot lots, pedestrian connections to adjacent properties to permit access to transit focus areas, landscaping, pedestrian oriented lighting, walls and fences and exemplary architectural design. Comment Item #5: Potable water availability: Response to Item #5: The Sweetwater Authority has provided the applicant with a" Will Serve" letter indicating that adequate potable water is available to the proposed project. Comment Item #6: Traffic Impacts Response to Item #6: A traffic impact analysis identified potential cumulative project impacts and mitigation is proposed that would reduce traffic impacts to less than significant. Comment Item #7: Air Oualitv Health Risks (one in 704.?25 a significant cancer risk) Response to Item #7: Ninyo and Moore, environmental consultants, prepared A Human Health Screening Evaluation (HHSE) in order to investigate project site soils containing elevated levels of pesticides. The objective of the evaluation was to determine if further. site characterization and risk assessment, or site remediation was appropriate. The HHSE ., ..) 1-95 was based on assumptions intended to overestimate risks to provide conservative estimate of potential health effects. The conservative assumptions included the low likelihood of inhalation of airborne dust bearing contaminants, dermal contact, or incidental ingestion, since the majority of the site wiIl be covered with hardscape, buildings, and vegetation. The HHSE based its one in 704,225 potential cancer risk assuming the pesticides were left in place, particularly in Area A. However, with all this evaluation, it was determined based on consultation with the San Diego County Department of Environmental Health that the applicant would be required to remove a minimum of one foot of the top soils and further characterize any areas that are observed to possibly contain contaminated soils in order to remove them to a depth of four feet. EssentiaIly the site would be cleaned of soil contaminants thus avoiding potential impacts to human health from pesticides in soils. After completion of all soil remedial actions soil sampling data would be submitted to the San Diego County Department of Environmental Health for their review and issuance of a "No Further Action Letter", signifying that remediation goals for residential soils have been met. This remedial action has been incorporated as part of the project mitigation measures. Comment Item #8: Air Oualitv Health Risks associated with long term exposure to diesel exhaust Response to Item #8: A health risk assessment was prepared to evaluate the potential effects of placement of six-seven residential units of the proposed 40 units within the most easterly 500 foot buffer of Interstate 5 in accordance with Policy EE 6.1 0 of the General Plan. This analysis was prepared by Scientific Resources Associated (July 2006) in accordance with City methodology. There is presently no state or federaIly recognized threshold for assessing these potential impacts. The State Office of Environmental Health Hazard Assessment and San Diego Air PoIlution Control District have provided basic guidelines (SDAPCD 2005) for preparing HRA's for stationery sources but not for mobile sources (i.e. highway traffic). The guidelines for stationery sources have developed very conservative exposure assumptions. These models assume that an individual resident living within the 500 foot corridor of a poIlution source would remain in the same location for 70 years, 24 hours per day, seven days per week, without leaving the residence site. Given this conservative risk analysis the HRA indicated that for a 70-year lifetime exposure the cancer risk would be 58.7 in a miIIion. The study also estimated a 9-year cancer risk for a child as 14.5 in a miIlion. Based on the HRA report, there could be potential health risks associated with locating sensitive receptors within 500 feet for major highways. However, at the present time the regulatory agencies have neither adopted specific guidelines for the preparation of mobile air toxic health risk assessments nor have they established appropriate thresholds for determining significance of potential impacts to health. The proposed project is in compliance with all currently adopted state and federal standards and therefore the potential impact is not considered significant under CEQA. '1 1-96 Comment Item #9: Paleontological impacts Response to Item #9: The San Diego Natural History Museum, Department of Paleontological Services conducted a paleontological record search and paleontological resource sensitivity assessment for this project site. As a result of this record search and assessment the museum found no recorded fossil localities within a one-mile radius of the project site. However, because the project site forms part of the Bay Point Formation and the "unnamed nearshore marine and sandstone", the museum is recommending a complete paleontological resource mitigation program (excavation monitoring, fossil salvage, fossil preparation, fossil curation, and final report preparation). This mitigation program will be implemented as part of the project approval. Comment Item #10: Police and Fire impacts: Response to Item #10: The City of Chula Vista Fire and Police Department indicate that they can adequately provide services to the project area. S' 1-97 ~ \ f?. -f- r ..: ellY OF CHUlA VISTA MEMORANDU~ March 13, 2007 TO: Richard Zumwalt, Planning Division VIA: Boushra Salem, Senior Civil Engineer FROM: Ben Herrera, Associate Engineer SUBJECT: Response to Theresa's Acerro's Letter Pertaining to Marsella Villa Engineering Related Items Please see comments relating to Engineering Items: 1. Ms. Acerro states that the existing water system may exceed its capacity. Response: The Sweetwater Authority maintains the water system in this part ofChula Vista. 2. Ms. Acerro states that the existing sewer system in the vicinity south of Palomar Street and west of Industrial Blvd might be able to handle one more development, before the sewer system exceeds its capacity. Response: The City's Engineering Wastewater Section analyzed the sewer capacity in this area last year. The analysis included three future multi-family developments, BayVista Walk (163-units, in addition to 8,000 SF of commercial space), Trolley Villas (94-units) and Marsella Villas (45-units). The analysis concluded that these developments would not adversely impact the existing sewer system. However, it would trigger the requirement for a sewer study if the sewer flows in Industrial Blvd exceed 60%. The operating capacity of the sewer main is designed at a maximum of75%. Currently the existing sewer is flowing at 57%, marginal capacity. The three developments would increase the capacity by 3.7%. 3. Ms. Acerra states that there was a major pipe failure last year near the intersection of Industrial Blvd and Palomar Street. Response: Ms. Acerro does not specify which type of pipe failed, water, sewer or storm drain. I have contact the Public Works Supervisor, Dave McRoberts, in charge of the sewer and storm drain maintenance. He states that there has not been a failure of either the sewer or storm drain systems in this area. He states that routine maintenance ofthe storm drain in this area has occurred in the past year, but no failures. 4. Ms. Acerro states that adding the additional daily trips generated by the future development will increase the rate of failure of the existing streets. Response: Many streets in the City require attention. The City has a Pavement Management ENGINEERI~Gg~ARTMENT Program that analyzes the condition of the City's existing street and prioritizes the streets that require rehabilitation or reconstruction. 5. Ms. Acerro states that the existing drainage facilities are in rudimentary shape. Response: Since the City annexed this area in 1986, no major drainage improvements have been constructed. All current and future developments are required to comply with the City's drainage design and storm water permit. All storm water runoff are required to be treated on- site. The pre-development storm water flows cannot exceed the post-development flows. Therefore, proposed developments are required to detain flows on-site as to not impact the existing drainage system. If you have any question, give me a call at ext 5602. );\Engineer\PERMITS\EP . TPM and Parcel Maps\TPM Pre-Applications, EPOOl \EPOOI.Marsella VilJas.MEM.DOC ENG [NEERI~G ~~p ARTMENT A7( AC f-I-..A1 e,u T '7 P I ann Building Planning Division & Department I Development Processing n g CflY OF CHULA. 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 Commission 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 election must be filed. The following Information must be disclosed: 1. List the names of all 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. .~ 1/\1.lJ..M \,--\t.V~2.0 A-\.:....l t'AA'hto ~~~,.e"2... l i-.. (.J,. _ l (lV'\s, -hi l c-\ tt7V1 ~cw,. ~ vi !.\AM 1o["'\Jl \ - JXvV\ (() li) /,\ J&1'"s' 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person' identified 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. ~ ---- 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. ~ azJrv SaM Mez 5. Has any person' associated with this contract had any financial dealings ~ijh an official'. of the City of Chuia 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 tweive (12) months to a current member of the Chula Vista City Council? NO! Yes _ If yes, which Council member? 176 Fourth Avenue 1-100 Chula Vista I California 91910 (619) 691-5101 ~\(?- -r- r_ _ P I ann n g & Building Planning Division Department Development Processing CITY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ NO,"*- . If Yes, which official" and what was the nature of item provided? --- -----... Date: t~lo~ / / ,/ 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 county, 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 1-101 Chula \/i;;ta I California 91910 (619) 691-5101 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-06-005, AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING THREE PARCELS LOCATED AT 778, 780, 790, 792, 794, 808 AND 812 ADA STREET FROM R-2-P (ONE AND TWO FAMILY RESIDENTIAL, PRECISE PLAN) TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN), ADOPTING PRECISE PLAN STANDARDS, AND ESTABLISHING A PRECISE PLAN FOR THE PARCELS. 1. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" which is incorporated into the ordinance by this reference, and for the purpose of general description consists of three parcels totaling 1.92 acres, located at 778, 780, 790,792,794, 808 and 812 Ada Street ("Project Site" or "Site"); and B. Project; Application for Discretionary Approval WHEREAS, on February 7, 2006, Rezone and Precise Plan applications were filed by Nahum Mendoza, Alejandro Sanchez, and Roger Cao-Romero ("Developer") with the Planning and Building Department of the City of Chula Vista requesting an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone the Project Site from the R-2-P (One and Two Family Residential, Precise Plan) Zone to the R-3-P (Apartment Residential, Precise Plan) zone, adopting Precise Plan standards, and establishing a Precise Plan for the Project Site ("Project"); and C. Prior Approvals WHEREAS, on December 13, 2005, the Chula Vista City Council adopted a resolution amending the Chula Vista General Plan, which included an amendment of the General Plan Land Use Designation for the Project Site from Residential Low-Medium (3-6 du/acre) to Transit Focus Area; and WHEREAS, the Design Review Committee held an advertised public hearing on February 5, 2007, at 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 5-0-0-0 to recommend that the Chula Vista Redevelopment Agency approve the Design Review Application DRC-06-27 and DRC-06-28, subject to adoption of this ordinance, and 1-102 Ordinance No. Page 2 WHEREAS, the Chula Vista Redevelopment Agency held an advertised public hearing on April 24, 2007, at 6 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, and receiving the recommendation from the Design Review Committee, voted _-_ -_-_ to approve the Design Review Application DRC-06- 27 and DRC-06-28 for the Project, subject to adoption of this ordinance; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 21, 2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 7-0-0 to recommend that the City Council adopt the Mitigated Negative Declaration, the Rezone, adopt the Precise Plan Standards and adopt a 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 the Project held on March 21, 2007, and the minutes and resolution resulting there from, are incorporated into the record of these proceedings; and E. City Council Record on Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of the hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the City Council held an advertised public hearing on the Project on April 24, 2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and WHEREAS, after hearing staffs presentation and public testimony, and receiving the recommendation of the Planning Commission, the City Council voted _-_-_ to adopt the Mitigated Negative Declaration (IS-06-005) and the Rezone, adopt the Precise Plan standards and adopt a Precise Plan, in accordance with the findings listed below; and II. The City Council of the City Chula Vista ordains as follows: A. Certification of Compliance with CEQA WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with CEQA and has conducted an Initial Study, IS-06-005 in accordance with CEQA. WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator has determined that the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would 1-103 Ordinance Page 3 occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration,IS-06-005. B. Independent Judgment of the City Council WHEREAS, the City Council has exercised their independent review and judgment and concurs with the Planning Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration (IS-06-005), in the form presented, has been prepared in accordance with requirements of CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City ofChula Vista and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-005). C. The rezoning of the Project Site is consistent with the City ofChula Vista General Plan, as approved on 12113/05, and public necessity, convenience, the general welfare and good zoning practice support the amendment to the Municipal Code. D. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is amended to rezone the Project Site as depicted in Exhibit "A" from the R-2-P (One and Two Family Residential, Precise Plan) Zone to the R-3-P, Apartment Residential Zone with Precise Plan Modifying District, including Property Development Standards as represented in Exhibit C. E. Precise Plan Findings I. 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 City Council finds that the proposed precise plan standards contained in attached Exhibit C will not have a negative impact on the surrounding neighborhood because the proposed standards allow the applicant to design a Project that is more compatible with higher density residential and transit- oriented mixed-use development planned for the area. The surrounding area includes mobile home park and proposed multi-family dwellings on the north, multi-family dwellings on the east, and single-family homes to the south and west. Such standards will allow the flexibility in establishing new development standards for building height and setback regulations that will permit construction of attached town-home dwelling units with garages, private balconies, and common open space, which is more appropriate for the area, as it transitions from existing duplex and single-family development to transit-oriented high density residential and mixed use type development. 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CVMC 19.56.041: 1-104 Ordinance No. Page 4 (a) The City Council finds that the property is unique in terms of its physical characteristics, configuration, circulation, social or historic characteristics requiring special design. The Site is located within the Transit Focus Area General Plan land use designation, which includes goals and objectives intended to promote high density, transit-oriented residential uses. Because the zoning intended to implement the Transit Focus Area designation has not yet been adopted yet; a rezone to the R-3-P zone is the most effective way to establish high -density residential development standards in a manner that complies with the City's General Plan and Zoning Ordinance. (b) The City Council finds that the Site is adjacent and contiguous to other areas that are designated as a Transit Focus Area and zoned (R-3) Apartment Residential to the south and west, and (CT) Commercial Thoroughfare to the north. The adoption of the amended Precise Plan standards will allow the Project to be designed with development standards which will make a more appropriate transition between adjacent multi family and single family development, and will also be designed to include walls, fencing and landscaped setbacks that will help buffer the units adjacent from the adjacent uses, in a manner that the development of the Site will better coexist with adjacent uses. (c) The City Council finds that application of the "P" modifying district is appropriate because the underlying R-2-P zone regulation does not allow multi-family development standards needed to achieve a high -density residential Project design, and therefore a precise plan modifying district is needed to allow a more compatible design. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the development standards of the R-3 zone would limit the ability of the applicant to propose a design which: (a) Meets the goal of providing development standards consistent with the high-density attached housing, including: (1) 3-story, multi-family townhome dwelling unit type, (2) 5-foot front yard and 7-foot rear yard building setbacks; (3) Dedicated pedestrian access; (4) centralized common recreational facilities. The typical R-3 zone permits 2-story, 28-foot high buildings, and IS-foot front and rear yard setbacks. The City Council finds that these requested deviations under the Precise Plan are warranted in order to achieve the purpose of the Precise Plan Modifying District. 1-105 Ordinance Page 5 4. That the approval of this plan will conform to the General Plan and the adopted policies of the City OfChula Vista. The City Council finds that the Project has been designed and evaluated in accordance with the goals and obj ectives of the General Plan, including the Transit Focus Area. The Precise Plan, as described above, will allow the Project to be consistent with the goals and objectives of the General Plan, and the Chula Vista Municipal Code. F. The Precise Plan and Precise Standards as depicted in Exhibits Band C are adopted and are supported by the required findings (CVMC section 19.56.041, as outlined in Section 11 (E) above). 111. EFFECTIVE DATE. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by James D. Sandoval Planning and Building Director '-I~ /2 ./!~(<'~ Ann Moore City Attorney Exhibits: Exhibit A: Rezone Map Exhibit B: Precise Plan Map Exhibit C: Precise Plan Standards 1-106 RESOLUTION NO. 2007- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-06-005, AND APPROVING DESIGN REVIEW PERMIT DRC-06-27 & 28 TO CONSTRUCT 40 TOWNHOMES ON TWO PARCELS LOCATED AT 778, 780, 790, 808 AND 812 ADA STREET WITHIN THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA (SOUTHWEST AREA) 1. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this resolution is diagrammatically represented in Exhibit "A" which is incorporated into this resolution by this reference, and for the purpose of general description consists of two parcels totaling 1.65 acres, located at 778, 780, 790, 808 and 812 Ada Street ("Project Site" or "Site"); and B. Project; Application for Discretionary Approval WHEREAS, on November 7, 2005, a Design Review application was filed with the Planning and Building Department of the City of Chula Vista, by Nahum Mendoza and Alejandro Sanchez ("Applicant"); and WHEREAS, the Applicant requests approval of a Design Review Permit to construct 40 attached townhouse units on the Project Site, as depicted on the DRC-06-27 & 28 plans; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-005 in accordance with the California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-005. C. Prior Discretionary Approvals WHEREAS, on May 4, 2004, pursuant to Ordinance 2962, the Project Site was added to the Merged ChuIa Vista Redevelopment Project (Southwest Area), and therefore the Project requires approval by the Redevelopment Agency; and 1-107 RDA Resolution No. 2007- Page 2 WHEREAS, on February 5, 2007, the Design Review Committee recommended the adoption of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-06-005, and Design Review Permit DRC-06-027 & 028, by a vote of 5-0-0; and, WHEREAS, on April 24, 2007, the City Council of the City ofChula Vista voted _-_-_-_ to adopt an ordinance adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-06-005, amending the City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code to rezone the Project Site as depicted in Exhibit "A" from the R-2-P (One and Two Family Residential, Precise Plan) Zone, to the R-3-P, Apartment Residential Zone with Precise Plan ModifYing District, including Property Development Standards, and adopting a Precise Plan for the Project; and, D. Design Review Committee Record on Applications WHEREAS, the proceedings and all evidence introduced before the Design Review Committee at the public hearing on this Design Review Permit held on February 5, 2007, including the minutes and Notice of Decision are incorporated into the record of this proceeding; and E. Redevelopment Agency Record on Applications WHEREAS, the Redevelopment Agency held an advertised public hearing on the Project on April 24, 2007, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, the Agency voted _/ _/ _ to _ the Project. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FINDS, DETERMINES and RESOLVES AS FOLLOWS: II. Certification of Compliance with CEQA The Redevelopment Agency finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-005) have been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-005). The Mitigated Negative Declaration is adopted based upon findings of fact pursuant to the CEQA Section l5074(b): 1. The environmental determination is based on the attached Initial Study. 2. There is no substantial evidence on the basis of the whole record that the Project will have a significant effect on the environment. 3. The Mitigated Negative Declaration reflects the lead agency's independent judgment and analysis. 1-108 RDA Resolution No. 2007- Page 3 A copy ofthe Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-005) is on file in the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA, 91910. The document and materials which constituted the record of proceedings upon which the decision is based are under the custodial care of the Planning and Building Director/Environmental Review Coordinator. The Redevelopment Agency finds that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06- 005) in the form presented has been prepared in accordance with requirements of the CEQA and the Environmental Review Procedures of the City of Chula Vista and adopts the same. The Redevelopment Agency of the City of Chula Vista grants Design Review Permit DRC-06- 027& 28 subject to the following conditions required to be satisfied by the Applicant and/or property owner(s): III. Findings Necessary for the Design Review Permit The Redevelopment Agency finds as follows: I. That the proposed development, as conditioned, is consistent with the development regulations of the Apartment Residential- Precise Plan Modifying District (R-3-P) Zone. 2. That the design features of the proposed development are consistent with, and are a cost effective method of satisfying, the City of Chula Vista Design Manual and Landscape Manual. Conditions of Approval IV. The following conditions shall be incorporated into the plan by the Applicant prior to issuance of building permits for this Project: General/Preliminary I. The Applicant shall develop, submit and obtain approval of "Recycling and Solid Waste Management Plan" by the City's Conservation Coordinator. The synopsis of the plan shall be included in the notes on the Building Plans. The plan shall demonstrate those steps that the Applicant will take to comply with the Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert 50 % of the waste generated by commercial, residential and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the Project. A "Recycling and Solid Waste Management Guide" is available at the Planning and Building Department counter. The Plan shall include a statement of how the Applicant will implement and participate in the Recycling and Solid Waste Management Plan requirements. The proposed trash enclosure shall be 1-109 RDA Resolution No. 2007- Page 4 designed as follows: a. Trash/Recycling enclosures shall be constructed per Site Plan and Elevations, and reviewed and approved by the Conservation and Environmental Services Department Allied Waste prior to final inspection. b. Since no vehicle turnaround is provided, pullout of bins to the street is required to service the enclosure. Enhanced paving or stamped concrete shall be designed to ensure that bins can be rolled to the street, and approved by the Conservation and Environmental Services Department and Allied Waste. c. Architecture/materials of the enclosure shall be consistent with design of the main structures. d. Provide a solid roof over trash enclosure to divert runoff. e. Install smooth concrete access/base, designed to drain away from the storm drain, in front of trash enclosure. 2. Pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1307. 3. The Applicant shall implement to the satisfaction of the Planning and Building Department and the City Engineering Division the mitigation measures identified in the Marsella Villas Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (1S-06-005). 4. This Project approval is contingent upon adoption of the ordinance approving Rezone PCZ-06-05, Precise Plan PCM-07-015, and Precise Plan Guidelines. Planning Division: 5. Submit and obtain approval of a detailed wall and fencing plan, with design, colors and materials to be determined by the Zoning Administrator, including the following: (a) Details of five ft. high freestanding stucco fence along northerly property line; (b) A five foot high, approx. 50 foot long CMU wall section along the western property line of Site B, adjacent to the tot lot; (c) Color and materials of the walls fence should match the building architecture. 6. Obtain approval of a plan showing variation of building color scheme throughout the Project. 7. Building plans submitted for building permits shall include the following: 1-110 RDA Resolution No. 2007- Page 5 a. Ground-mounted equipment including heating, air conditioning, utility boxes, and backflow valves that will not be constructed in utility enclosures will be required to be screened with a combination of landscaping, walls or berms. b. Enhanced elevations consistent with Character Sketch (see Sheet CS-3 of approved DRC-06-27&28 plans) shall be utilized on elevations facing Ada Street, the northerly property line, and the tot lots. c. Garages door design shall include a variable color scheme, garage door windows, and enhanced landscaping, to the satisfaction of the Director of Planning and Building. 8. Provide a detailed landscape plan prepared by a California Licensed Landscape Architect for review and approval with the building permit submittal, which is in substantial conformance with the Concept Landscape Plan, and designed per Landscape Manual and CYMC requirements. The plan shall include the following modifications from the concept plan: a. Add a combination of walls and planting, to screen ground-mounted mechanical and electrical equipment and utilities. b. Provide a screening solution to soften the trash enclosure view from the tot lots. c. Add a minimum IS-foot deep band of enhanced paving or stamped concrete to the entry driveways. Paving shall be designed to permit rolling of trash bins to the street. d. Planters located along the driveways shall be a minimum of 3 feet wide and include a curb edge. Planters shall be designed to permit large shrubs or small trees to help visually break up the rows of garages. e. Planting palette shall emphasize drought tolerant plants per requirements of the Landscape Manual. f. Incorporate shrubs and vines to the base of privacy fences, and the stucco fence at the northerly property line, to help soften and deter graffiti. g. Provide a revised planting plan and elevation study for the streetscape along Ada Street. The plans should show the ultimate landscape design, and emphasize robust specimen trees such as Phoenix Canariensis, and a combination of multi-trunked and flowering trees, evergreen low hedges, and shrub accent planting. h. Adult recreational amenities, such as picnic tables and barbeques, shall be added to the tot lots. Building Division D. The following shall be accomplished to the satisfaction of the City Building Official: 1-111 RDA Resolution No. 2007- Page 6 Submit building plans and required fees per the following Building Division requirements: I. Building permits are required per 2001 Ca. Building Code (CBC), Ca. Mechanical Code, Ca. Plumbing Code, and 2001 Ca. Handicapped Accessibility requirements (including SB 1025 requirements), 2004 Ca. Electrical Code, and 2005 Ca. Energy Code. 2. A Demolition Permit is required with Hazardous Materials approval prior to issuance of the Demolition permit for existing buildings. Satisfaction of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-005) Mitigation Measures related to Hazards/Hazardous Materials is required prior to issuance of the Demolition Permit. 3. Compliance with Seismic Zone 4, Wind speed 70 mph, and Exposure C standards also required. 4. Structural Calculations from a licensed Civil Engineer or Architect are also required. 5. On site private sewer, water and lighting must be submitted to the Building Department and approved prior to issuance of permits. If private sewer is to be designed to the Subdivision Manual standards, it must be submitted directly to the Engineering Department for plan review and inspection. Police and Fire E. The following shall be accomplished to the satisfaction of the Police Department or Fire Marshall as specified below: 1. A composite lighting plan and elevations shall be approved to the satisfaction of the Director of Planning and Building and the Chula Vista Police Department (CVPD), prior to issuance of the building permit. The plan shall include specifications of all proposed lights, and a photometric plan that includes the pedestrian paths and driveways. Lighting shall be shielded to minimize spillover onto adjacent properties. 2. Prior to the delivery of combustible materials to the Site, comply with the requirements of the City Fire Marshall, including but not limited to the following requirements: a. All construction shall comply with the 2001 Ca. Building and Fire Code. 1-112 RDA Resolution No. 2007- Page 7 b. Submit fire flow information from the Sweetwater Authority District indicating required fire flow of 1,500 gallons per minute for 2 hours, per Ca. Fire Code. c. New construction shall comply with CVFD policy 2916.01 for access, turnarounds, and water supply for new construction. d. Provide automatic fire sprinklers per CVFD standards. e. Each building shall be provided with a "fire control room". f. A minimum of four on-site fire hydrants is required for the Site. Hydrant location to be determined by the Fire Marshall. g. Provide fire alarms in accordance with NFP A 72 and 200 I CBC. h. Streets shall comply with C. V.F.D. minimum turning standards 1. Comply with C.V.F.D. policy for fire lanes. J. Provide a visible street address and locator map for each building, in accordance with premise identification detail. k. Provide approved fire extinguishers with a minimum rating of 2A- IOBC. Locate one fire extinguisher per building within an all-weather cabinet. Such fire extinguishers shall be accessible along the path of travel. 1. Provide an emergency gate and improved emergency access road from north end driveway on Site B through the offsite property to Palomar Street. Any gates serving this Site shall be automatic and have an Opticom Strobe system, Knox override switch, and click-to-enter system. Design shall be approved by the Fire Marshall prior to issuance of the first building permit for Site B. Engineering and Public Works Department: F. The following shall be accomplished to the satisfaction of the City Engineer, prior to approval of grading or improvement plans (whichever occurs first): I. The following fees will be required based on the final building plans submitted: a. Sewer Connection and Capacities fees b. Development Impact Fees c. Traffic Signal Fees 2. The Applicant shall obtain a construction permit from the Engineering Department to perform any work in the City's right-of-way including: a) Sewer lateral and storm drain connections to existing public utilities. 1-113 RDA Resolution No. 2007- Page 8 b) A sewer manhole per SDRSD S-2 is required at all proposed sewer main locations. c) Removal and replacement of broken curb, gutter, and sidewalk along the proposed Project's frontage. d) Removal and replacement of existing driveways is required per City Standard CVCS-IA. 3. Grading plans, in conformance with the City's Subdivision Manual, and a grading permit will be required prior to issuance of any building permits. 4. A drainage study and geotechnical/soils study are required with the first submittal of grading plans. Design should incorporate detention of storm water runoff, so that the post-development flow rate does not exceed the pre-development flow rate at the outlet of the subdivision. Project engineer shall demonstrate to the satisfaction of the City Engineer that all storm flows leaving the subdivision at the northerly limits shall not adversely affect adjacent properties. Offsite private drainage easements maybe required upon submittal of the tentative parcel map. 5. A Tentative Parcel Map (TPM) and a Final Parcel Map will be required for the proposed multi-family units. The TPM shall show storm drain connections or sufficient information to indicate how the storm water runoff will be handled. A Water Quality Technical Report shall be submitted with the TPM. 6. Ada Street is classified as a residential street with a half-width right-of- way of 28 feet. An additional 8 feet is required for public street dedication. The dedication shall be recorded prior to the approval of the Tentative Parcel Map. 7. The Applicant is required to complete the applicable Storm Water Compliance Forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. 8. The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NPDES Municipal Permit, Order No. 2001-01. According to said Permit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. 9. Development of the Project shall comply with all applicable regulations, established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge, and any regulations adopted by the City of Chula Vista 1-114 RDA Resolution No. 2007- Page 9 pursuant to the NPDES regulations and requirements. Further, the Applicant shall file a Notice of Intent (NOI) with the State Water Resource Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention and pollution control measures, and shall identify funding mechanisms for the maintenance of post-construction control measures. 10. The Applicant is required to identify storm water pollutants that are potentially generated at the facility, and propose Best Management Practices (BMPs) that will be implemented to prevent such pollutants from entering the storm drainage systems. II. The Applicant is required to identify storm water pollutants that are potentially generated at the facility, and propose Best Management Practices (BMPs) that will be implemented to prevent such pollutants from entering the storm drainage systems. 12. The Applicant is to be advised that there may be requirements set at the time his/her development takes place and/or a building permit is applied for, depending upon final plans submitted for building permits. 13. A water quality study will be required to demonstrate compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Permits, including Standard Urban Storm Water Mitigation Plans (SDSMP) and Numeric Sizing Criteria requirements, with the first submittal of grading/improvement plans, in accordance with the City's Manual. 14. An Encroachment permit is required for all stairs located within the City right-of-way. This is required after the additional ROW is acquired. 15. A public pedestrian walkway and public easement or Irrevocable Offer of Dedication, to the satisfaction of the City Engineer and Director of Planning and Building, is required on the west side of Site B (easterly parcel). Obtain approval of a revised TPM showing the location, width and type of material required for the walkway. The Homeowners Association shall maintain the sidewalk within the public easement. Chula Vista Elementary School District G. The following shall be accomplished to the satisfaction of the Chula Vista Elementary School District: 1-115 RDA Resolution No. 2007- Page 10 16. Developer agrees to annex to or participate in an existing Community Facilities District for the Chula Vista Elementary School District, or pay developer fees as required by State Law, to the satisfaction of the Chula Vista Elementary School District. General Services Department, Landscape Architecture Division H. The following shall be accomplished to the satisfaction of the Chula Vista Elementary School District: 17. Remit to the City, Parkland Development Obligation and In-Lieu of Dedication fees for 40 Multi-family Residential lots, pursuant to Chapter 17.10 of the Municipal Code, to that satisfaction of the Landscape Architecture Division of the Department of General Services. Sweetwater Authority 1. The following shall be accomplished to the satisfaction of the Sweetwater Authority: 18. Water service from the Sweetwater Authority can be obtained upon submittal of fire flow information, Site plan, street improvement plan, irrigation plan, plumbing plan showing total fixture-unit count, fire sprinkler plans and calculations, approved by the Chula Vista Fire Department. Based on these plans the agency will determine if there is need for a new water systems or substantial alteration of the existing water system. If the owner provides the requested information and enters into an agreement for water facility improvements with the Authority, water service can be obtained. New water service typically requires installation of backflow prevention assemblies for any new fire protection systems. V. The following conditions of approval shall be satisfied prior to establishment of the use or occupancy of the Site: 2. The Applicant is required to implement Best Management Practices (BMPs) to prevent pollution of the storm water conveyance systems, both during and after construction. Permanent storm water requirements shall be incorporated into the Project design, and shall be shown on the plans. Any construction and non-structural BMPs requirements that cannot be shown graphically must be either noted or stapled on the plans. 3. This Design Review Permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 1-116 RDA Resolution No. 2007- Page 11 The Applicant/owner shall and does agree to indemnifY, protect, defend and hold harmless the Redevelopment Agency and the City, their members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the Redevelopment Agency or the City arising, directly or indirectly, from (a) The Redevelopment Agency's approval and issuance of this Design Review Permit, (b) The Redevelopment Agency's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and Applicant/owner shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. Applicant's/owner's compliance with this provision is an express condition of this Design Review Permit it and this provision shall be binding on any and all of Applicant's/owner's successors and assigns. 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 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. The property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained in the Conditional Use Permit. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or Applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Planning and Building Department secretary. Failure to return this document to the Planning and Building Department secretary shall indicate the Property owners/Applicant's desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. The document will also be on file in the City Clerk's Office and known as document No. Signature of Property Owner Date 1-117 RDA Resolution No. 2007- Page 12 Signature of Applicant Date If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency shall have the right to revoke or modifY all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfY the conditions of this Conditional Use Permit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the Conditional Use Permit shall be deemed to be automatically revoked and of no further force and effect. PRESENTED BY James D. Sandoval Director of Planning and Building APPROVED AS TO FORM BY ~J~O-/ aA~" ~.;6- Ann Moore Agency Attorney 1-118