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HomeMy WebLinkAbout2007/07/10 Item 15 CITY COUNCIL AGENDA STATEMENT Item: I ~ Meeting Date:07/10/07 SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE MAP KNOWN AS NAPA PLACE, CHULA VISTA TRACT 06-13 TO SUBDIVIDE 1.7 ACRES AT 445 FIRST AVENUE INTO NINE (9) SINGLE- FAMILY RESIDENTIAL LOTS AND ONE (I) COMMON LOT CONTAINING THE PRIVATE ACCESS ROAD AND GUEST PARKING. ~ DIRECTOR OF PLANNING AND BUlLDlNG~ CITY MANAGER ACTING ASSIST ",,;>1 ITEM TITLE: REVIEWED BY: 4/5THS VOTE: YES NO X -- BACKGROUND On February 22, 2007, a neighborhood meeting was conducted to discuss the tentative map proposal. Questions and concerns expressed at the neighborhood meeting included: 1) private road access; 2) lot sizes; and 3) traffic. Each of these issues will be discussed in detail in the body of this report. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-020, 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 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-06-020 and associated Mitigation Monitoring and Reporting Program. 15-1 PCS-06-13 Page No.2 RECOMMENDATION That the City Council adopt the attached Resolution, PCS-06-13, I) adopting Mitigated Negative Declaration IS-06-020; 2) approving the proposed Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 to subdivide 1.7 acres at 445 First Ave into nine (9) Single Family Residential lots and one (I) common lot containing the private access road and guest parking, based on the findings and subject to the conditions contained in the attached City Council Resolutions. BOARDS/COMMISSION RECOMMENDATION On May 7,2007, the Resource Conservation Commission (RCC) determined that the Initial Study IS-06-020 for the Project was adequate, and recommended adoption of the Mitigated Negative Declaration IS-06-020. The Planning Commission considered this proposal on June 13,2007 and voted 7-0-0 in favor of recommending that the City Council approve the proposed Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 allowing to subdivide 1.7 acres at 445 First Ave into nine (9) Single Family Residential lots and one (I) common lot containing the private access road and guest parking. DISCUSSION Project Site Characteristics: The Project site is located on the east side of First Avenue between "G" and "H" Streets. The Project site is rectangular in shape (235' X 320'). The property gradually slopes from north to south approximately 10- ft. Access to the site is from First Avenue. The northern terminus of Corte Helena Avenue adjoins the project site, but no access is taken from Corte Helena Avenue. A single family home and other accessory structures presently occupy the western end of the property and the remaining land is currently vacant. The existing surrounding land uses are as follows: General Plan Zoning Current Land Use Site: North: South: East: West: Residential Low Medium Residential Low Medium Residential Low Medium Residential Low Medium Residential Low Medium RI RI RI RI RI Single -Family Residential Single -Family Residential Single -Family Residential Single -Family Residential Single -Family Residential 15-2 PCS-06-13 Page No.3 Project Description: The Tentative Subdivision Map consists of nine (9) residential lots served by a 26 ft wide private road, connecting the project to First Avenue. Eight guests parking stalls strategically located to serve all lots (see Project Plans, Attachment E). No access to and from Corte Helena Avenue is proposed as part of this tentative subdivision map. The individual lots are rectangular in shape and range in size from 6,072 sq. ft. to 7,670 sq. ft. Six of the nine lots (lots 4-9) feature 100% level building pads and three lots (lots 1-3) features a minor slope condition along the north property line. Access to the individual lots are directly and exclusively from the private road (see Project Plans, Attachment E). In order to create the above-mentioned building pads, grading of the site would consist of moving approximately 3,000 cu. ft. of soil, by either removing soil from one location to another or bringing in additional soil to create a level pad area. Analysis: Subdivision Design The subdivision design consists of nine lots served by a "T" shaped private road taking access to First Avenue. The private road is 26 ft wide with sidewalk on one side (north side), rolled curbs and no parking on either side. No access is proposed on Corte Helena Avenue. At the neighborhood meeting of February 22, 2007, some of the residents asked questions if the applicant is proposing any future openings onto Corte Helena Avenue. The applicant stated that there is no current plan now or in the future to allow access through Corte Helena Avenue. The lots are rectangular in shape with frontage along the private drive to accommodate an access driveway and landscaping areas within the required building setback. The subdivision provides eight (8) perpendicular parking spaces throughout the project. The homeowners association, required as part of this Tentative Subdivision Map, will be responsible for the maintenance of the private road and on-site parking. At the neighborhood meeting of February 22, 2007, some of the residents asked questions regarding the lot sizes in relation to the surrounding properties. The existing surrounding lot sizes average about 7,600 square feet, which is typical for the R-l single-family area, with the exception of the parcel adjacent to the site to the north, which consist of 1.86 acres. Pursuant to Section 19.24.080 of the Chula Vista Municipal Code, twenty percent of the lots created by said subdivision may be reduced to 6,000 square -feet, and ten percent of the lots thus created may be reduced to 5,000 square feet, provided that the average lot size of all the lots within the subdivision shall equal a minimum of 7,000 square feet. The proposed subdivision features seven lots that meet the minimum 7,000 sq. ft. requirement and two lots that meet the minimum 6,000 sq. ft. requirement, with an average lot size of7,000 sq. ft. 15-3 PCS-06-13 Page No.4 The private road is proposed to be gated with a wrought iron fence and entry gate. The gate would be located approximately 45-ft from the curb line along First Avenue, allowing 2-vehicle queuing. The gate would remain open from 7:00 a.m. to 7:00 p.m. When the gate is closed, owners would use their remote control button to open the gate. Guests will use a phone intercom system. Due to the width of the private street and the need to maintain emergency vehicle clearance, the phone intercom system would be mounted on the passenger side approximately 10-ft in front of the gate. All service provides would be furnished with a code number to access the site. The Police and Fire Departments would require electronic apparatus, such as Opticom strobe entry system, and a Knox override switch to insure emergency vehicles would have access without delaying their response time. The City Engineer has reviewed the location of the gate and has determined that the normally required ISO-foot queuing distance could be waived based on the number oflots in this subdivision. Overall the Subdivision design is in conformance with the City's Subdivision Manual, Zoning Ordinance and other associated regulatory documents. Traffic The existing traffic volumes are 3,344 Average Daily Traffic (ADT) on First Avenue. The traffic generated by the project is approximately 72 ADT, which will bring the total to 3,416 ADT. The increase in traffic is not considered to be a substantial increase in either number of vehicle trips, volume or capacity along First Ave and surrounding street segments. Thus, the level of service (LOS) will remain at "c" on First Avenue and the primary access roads. At the neighborhood meeting of February 22, 2007, some of the residents expressed concern regarding an increase level of traffic along First A venue. Based on the above, the proposed residential infill project is not anticipated to result in any significant traffic or circulation impacts. Drainage The proposed drainage improvements include two underground detention systems within the site, porous pavement with underground storage, and detention in a brow ditch. A new outlet may be required at the center of Corte Helena Avenue pursuant to the final drainage study for the site. Additional Best Management Practices (BMPs) included as part of the project design consist ofa storm drain inlet protection system, rip rap outlet protection, protection of access and perimeter containment measures including open space and landscaped treatments throughout the project site. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. The proposed improvements are adequate to handle the project storm water runoff generated from the site. A final drainage study will be required prior to issuance of any building permit. 15-4 PCS-06-13 Page No.5 Public Facilities Sewer The project site is within the boundaries of the City ofChula Vista wastewater services area. The existing area sewer facility system includes sewer lines along First A venue and along Alpine Avenue. There is an existing off-site 8" sewer main along First Avenue right of way, and a 6" PVC sewer main along Alpine Avenue crossing First Avenue, along the frontage of the proposed project site. The sewer main needs to be extended from the First Avenue sewer main to the project via a public utility easement within the private road. Individual lots would be connected to this sewer main extension. The applicant is required to grant an easement to the City of Chula Vista wastewater services for the purpose of maintenance of the proposed sewer lines. No adverse impacts to the City's sewer system, or City's sewer threshold standards will occur as a result of the proposed project. Water According to Sweetwater Authority correspondence dated April 11, 2006 and April 19, 2006, an existing 6-inch water main is located on the east side of First Avenue, and a 4-inch water main on the east side of Corte Helena at the south end of the parcel. The Project requires a new looped 8-inch water line connected to First A venue and Corte Helena water mains. The 8-inch water line extension would be a public facility within the private road. The Owner must submit a plumbing plan that includes the total fixture unit count of all existing and new plumbing fixtures, so that the appropriate service size( s) for each individual lot can be determined. Emergencv Services The terminus of the private street will be a l84-ft hammerhead. The Fire Department has reviewed the proposal and approved the proposed turn-around radius. A private fire hydrant shall be installed at the hammerhead in accordance with the requirement of the Fire Department..An Opticom strobe entry system and a Knox override switch would be required at the gate to provide access for emergency vehicles. Parks and Open Space There are two parks nearby located near the Project site. Norman Park is located .47 miles and Memorial Park is located .54 miles northwest of the Project site. The Applicant will be required to pay in-lieu park fees. Schools The project is within the boundaries of the Chula Vista Elementary School District, which serves children Kindergarten through Grade 6. The nearest public schools are Hilltop Drive Elementary, .35 miles, Hilltop Middle School, .71 miles, and Hilltop High School, .53 miles southeast of the Project site. The Applicant will be required to pay applicable school development fees based upon assessable area. 15-5 PCS-06-13 Page No.6 Proiect Compliance with Growth Management This project is below the threshold number of dwellings required to prepare a Water Conservation or Air Quality Improvement Plan. DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of City Council and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. CONCLUSION: This Project is consistent with the Single-Family Residential (Rl) Zone, General Plan designation of Residential Low Medium, and all other applicable codes and regulations of the Municipal Code. For the reasons stated above, staff recommends that the City Council adopt the attached Resolution, PCS-06-13, 1) adopting Mitigated Negative Declaration IS-06-020; 2) approving the proposed Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 to subdivide 1.7 acres at 445 First Ave into nine (9) Single Family Residential lots and one (1) common lot containing the private access road and guest parking, based on the findings and subject to the conditions contained in the attached City Council Resolutions. FISCAL IMPACT The application fees and processing cost are paid for by the Applicant. ATTACHMENTS A. Locator Map B. Planning Commission Resolution C. Mitigated Negative Declaration D. Disclosure Statement E. Project Plans Prepared by: Caroline Young, Assistant Planner, Planning Division J:\Planning\Caroline\Discretionary Permits\PCS~06-13-CC Staff Report 15-6 C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICAm Napa Place LP. SUBDIVISION PROJECT . A Request: Proposed Tentative SubdMsion Map to subdMde a 1.7 ADDRESS: 445 First v acre parcel into nine single-family residential lots. SCALE: FILE NUMBER: NORTH No Scale PCS-06-13 Related cases: 18-06-020 J:\plannjng\carlos~ocators\pcs0613.cdr 05.11.07 15-7 A TT ACHMENT A RESOLUTION NO. PCS-06-13 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE MAP KNOWN AS NAPA PLACE, CHULA VISTA TRACT 06-13 TO SUBDIVIDE 1.7 ACRES AT 445 FIRST AVENUE INTO NINE (9) SINGLE-FAMILY RESIDENTIAL LOTS AND ONE' (1) COMMON LOT CONTAINING THE PRIVATE ACCESS ROAD AND GUEST PARKING~ NAPA PLACE, LP. WHEREAS, on March 27, 2006, a duly verified application was filed with the City ofChula Vista Planning and Building Department by Napa Place, LP ("Applicant"), requesting approval of a Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 to subdivide 1.7 acres at 445 First Avenue into nine (9) Single Family Residential lots and one (1) common lot containing the private access road and guest parking ("Project"); and, WHEREAS, the area ofland which is the subject matter of this Resolution herein consists of a 1.7-acre lot located at 445 First Avenue ("Project Site"); 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-06-020, 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 project made by or. agreed to by the applicailt 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-06-020 and associated Mitigation Monitoring and Reporting Program; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10'days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., June 13,2007, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth A venue, before the Planning Commission, and said hearing was thereafter closed; and, WHEREAS, the Planning Commission having received certain evidence on June 13,2007, as set forth in the record of its proceedings herein by reference as is set forth in full, made certain findings, as set forth in their recommending Resolution PCS-06-13 herein, and recommended that the City Council approve the Project based on certain terms and conditions. 15-8 ^ TT A rlTh,fPNT R NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached Draft City Council Resolution approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy ofthis resolution be transmitted to the City Council. . PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of June, 2007, by the following vote, to-wit: AYES: Vinson, Moctezuma, Bensoussan, Felbers, Tripp, Clayton, Spethman NOES: ABSENT: ~'ChW ATTEST: 15-9 Mitigated Negative Declaration PROJEC:r NAME: Napa Place PROJECT LOCATION: 445 First Avenue ASSESSOR'S PARCEL NO.: APN #563-290-0400 PROJECT APPLICANT: Napa Place LP Fernando Orvananos CASE NO.: IS-06-020 DATE OF DRAFT DOCUMENT: Aori123. 2007 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: Mav 7.2007 DATE OF FINAL DOCUMENT: June 1. 2007 Revisions made to this document subsequent to lbe issnance of the notice of availability of the draft Mitigated Negative Declaration are denoted by underline. A. Pro; ect Setting . The 1.7-acre project site is located at 445 First Avenue, within the urbanized area of Western Chula Vista, (Exhibit 1- Locator Map). The site is adjacent to Alpine Ave, Alvarado Street, and Corte Helena Avenue and between G Street and H Street. Primary access to the site is currently provided off of First Avenue. The entire project site has been partially disturbed with previous uses including a single-family residence and garage/shed. The land uses immediately surrounding the project site are as follows: North; South; East: West: Single-Family Residential Single-Family Residential Single-Family Residential Single-Family Residential B. Pro;ect Description The proposal consists of subdividing the project site into 9 single-family parcels. Access to the site would be provided via a private road entrance off of First Avenue. The project includes the demolition of an existing single-family residence and garage/shed. Proposed on-site improvements include drainage facilities, sewer system facilities, fIre hydrants, retaining walls, fencing, improved paved areas, open space and landscape treatments. The proposal consists of a Tentative Map application, The project is identifIed as developable area within the City of Chula Vista Multiple Species Conservation Program Subarea Plan. I 15-10 ATTACHMENTC C. Compliance with Zonin!! and Plans The proposed project site is within the General Plan RLM (Low-Medium Residential Density/3-6 dwelling units per acre) and Rl (Single-Family Residential) Zone. The proposed project has been found to be consistent with the applicable site development regulations and the General Plan. D. Public Comments On May 23,2006, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the proposed project site. The public review period ended June I, 2006. Two verbal comments were received during this period regarding the land use and density. These issues are addressed in the Planning staff report. On April 24. 2007 a Notice of A vailabilitv of the Proposed Miti!!ated Ne!!ative Declaration for the proiect was posted in the County Clerk's Office and circulated to property owners within a 500-foot radius of the proiect site. The 30-dav public comment period closed on Mav 24. 2007. No written public comments were received durin!! 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 may have potential significant environmental impacts however; mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State of California Quality Act (CEQA) Guidelines. Air Oualitv Short- Term Construction Activities The proposed project will result in a short-term air quality impact created from construction activities associated with the proposed project. The grading of the site for future single-family residential development and worker and equipment vehicle trips will create temporary emissions of dust, fumes, equipment exhaust, and other air pollutants associated with the construction activities. Air quality impacts resulting from construction-related operations are considered short-term in duration. In order to analyze potential project impacts/emissions, the emission factors and threshold criteria contained in the 1993 South Coast Air Quality Management District CEQA Handbook for Air Quality Analysis were used. Table 1 below provides a comparison of daily construction emissions to the SCAQMD's emission thresholds of significance for each criteria pollutant. Emissions were calculated using the URBEMIS 2002 model. The addition of emissions to an air basin is considered under CEQA to be a significant impact. Implementation of the Mitigation Measure 1 contained in Section F below would mitigate short-term construction-related air quality impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Combined Short-Term and Long- Term Impacts In order to assess whether the project's contribution to ambient air quality is cumulatively considerable, the project's operational emissions were quantified. The proposed project once developed will not result in significant long-term air quality impacts. The minimal project generated traffic volume would not result in significant long-term local or regional air quality impacts. Through project design, emission-controlled construction vehicles and efficiency building product, no area 2 15-11 source or operational vehicle emission estimates will exceed the Air Quality significance thresholds; therefore, no mitigation measures are required. Refer to Table 2.0 below. Biological Resources A Biological Resource Analysis was prepared by Tierra Environmental Services, Inc., dated February 7, 2007, to assess the potential biological resource impacts of the project. A biological reconnaissance survey of the project site was conducted on May 23, 2006 to identify existing vegetation on the site. The biological resource analysis is summarized below. Existing Conditions The 1.7-acre project site consists entirely of developed and disturbed vegetation. Developed vegetation consists of ornamental landscaped areas and non-native cultivated vegetation. The disturbed vegetation area is now dominated by non-native plants and approximately 40-60 ornamental trees primarily Brazilian Pepper and Chinese elm. A portion of the northern property is currently vacant and undeveloped. The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary in an area designated as a "Development Area." Under the Subarea Plan, the proposed project is not subject to the requirements under the Habitat Loss Incidental Take (HUT) Ordinance. Wildlife/Sensitive Species/Sensitive Habitats The biological report stated that wildlife species such as birds and butterflies occupied the site. Although the project area may support some small mammal and reptile species, none were detected during the survey. No potential appropriate habitat for any of the sensitive species reported occurred on-site. Although no raptors were observed during the site survey, large trees occurring on-site may provide suitable habitat for Cooper's hawk (Accipiter cooperi) which is a covered species under the city of Chula Vista's MSCP Subarea Plan and a State species of special concern. Existing tall trees on site may also provide nesting habitat for a variety of migratory birds further discussed in Project Impact section below. Sensitive habitats include those communities considered unique because they host many species of plants and animals that are rare of substantially depleted. In accordance with the City of Chula Vista MSCP, these developed and disturbed vegetation areas are not considered sensitive habitats. Project Impact The existing lot supports a number of 40 to 60 foot ornamental trees. The proposed removal of these trees during development will impact potential habitat for the Cooper's Hawk and other migratory bird species if the development occurs during the breeding season between January 15 through August 31. If construction must occur during the breeding season, pre-construction surveys shall be conducted to determine the presence or absence of nesting raptors. Therefore, the proposed project may result in impacts to sensitive biological resources and mitigation measures are required. Further mitigation measures include clearing, grubbing or grading permits, and temporary orange biological fencing to be installed around the Brazilian Pepper, Chinese elm, and other mature tall trees that may provide nesting habitat for migrant birds. The City-approved biologist will delineate the dripline of the trees and monitor the installation of the temporary fencing. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce potentially significant biological impacts to a level below significance. 3 15-12 Habitat Loss Incidental Take (HilT) Permit The project area is located within an area designated by the City of Chula Vista Subarea Plan as Developed Areas Outside of City of Chula vista Covered Projects and where it has been demonstrated that no Sensitive Biological Resources exits. Thus, the project is exempt from the City of Chula Vista Habitat Loss and Incidental Take Ordinance (Section 17.35 of the CYMe). Geology and Soils To assess the potential geological/soils impacts of the project, a Geotechnical Investigation evaluation was prepared by Allied Earth Technology, dated July 2005. No groundwater was encountered on the site. No major groundwater related problems, either during or after construction, are anticipated. No significant geological or soil impacts would be created as a result of the proposed project as conditioned. The site was graded previously with the development of the existing house and garage/shed. Proposed fill grading will occur over the entirety of the 1.+7 -acre site. Grading includes 800 cubic yards to be excavated, fill of 1,500 cubic yards, and 700 cubic yards of soil imported with a maximum cut and fill slope ratio of 2: 1. 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. According to the City's Engineering Division, the project will require a grading permit. In order to prevent silt discharge during construction, the developer will be required to comply with best management practices in accordance with NPDES Order No. 2001-01. The appropriate 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. The mitigation measures contained in Section F below would mitigate potential geological/soils impacts to a less than significance level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Hazards The project proposal includes the demolition of the existing residence, and garage/shed. The potential exists for impacts to result from the demolition of structures that may contain lead and asbestos. Therefore, prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor will perform asbestos and lead-based paint abatement in accordance to all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation. The mitigation measures contained in Section F below would mitigate potential hazards/hazardous materials impacts to a less than significant level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Hvdrology and Water Oualitv Existing The existing site drainage flows toward properties south of the site, First Avenue and Corte Helena Avenue. There is an existing 27 inch drainage pipe and curb inlet located north ofH Street on the east side of First Avenue and an existing 27 inch drainage pipe and curb inlet located at H Street just east of First A venue. Other existing on-site and off-site drainage is divided into sub-basins. Adjacent properties north and east of the site sheet flow onto the project property. 4 15-13 Proposed According to the Engineering Department, the proposed improvements are adequate to handle the project storm water runoff generated from the site. The existing flow to First Ave and Corte Helena were analyzed under the 100-year flood event. The proposed drainage improvements include two underground detention systems within the site, with porous pavement with underground storage and detention in the brow ditch. The proposed outlet at the center of Corte Helena, draining a portion of Sub-basin E2, maybe required to outlet at westerly gutter of Corte Helena. Additional Best Management Practices (BMPs) included as part of the project design consist of a storm drain inlet protection system, rip rap outlet protection, protection of access and perimeter containment measures including open space and landscaped treatments throughout the project site. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. As a standard condition, a final drainage study will be required in conjunction with the preparation of the project grading plans. Properly designed drainage facilities will be installed at the time of the site development to the satisfaction of the City Engineer. In addition, compliance with required NPDES regulations and BMPs will reduce water quality impacts to a less than significant level. These measures are included as a part of the Mitigation Monitoring and Reporting Program (See Section F). Wastewater Services/Sewer System The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility system includes sewer lines along First Avenue and along Alpine Ave. There is an existing off-site 8" sewer main along First Avenue right of way, and a 6" PVC sewer main along Alpine Avenue crossing First Avenue along the frontage of the proposed project site. The applicant will be required to submit a final sewer study to the satisfaction of the City Engineer. The applicant is required to grant an easement to the City of Chula Vista wastewater services for the purpose of maintenance of the proposed sewer lines. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the proposed project. F. Mitigation Necessary to Avoid Significant Imoacts Air Qualitv I. The following air quality mitigation requirements shall be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance in writing by the City's Environmental Review Coordinator: . Minimize simultaneous operation of multiple construction equipment units. . Use low pollutant-emitting construction equipment. . Use electrical construction equipment as practical. . Use catalytic reduction for gasoline-powered equipment. . Use injection-timing retard for diesel-powered equipment. . Water the construction area twice daily to minimize fugitive dust. . Stabilize graded areas as quickly as possible to minimize fugitive dust. . Pave permanent roads as quickly as possible to minimize dust. . Use electricity from power poles instead of temporary generators during building, if available. . Apply stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry. . Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. . Remove any visible track-out into traveled public streets within 30 minutes of occurrence. 5 15-14 . Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. . Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. . Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during hauling. . Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour. Biological Flesources 2. To avoid any direct impacts to nesting Coopers' hawk and other nesting migratory birds occur during construction (including clearing and grubbing), construction activities should occur outside of the raptor and general avian breeding season (January IS through August 31) If construction must occur during the breeding season, pre-construction surveys shall be performed by a City-approved biologist to determine the presence or absence of nesting raptors within 300-feet of the construction area. The pre-construction survey shall be conducted within 10 calendar days prior to the start of any construction related activities (including removal of vegetation), the results of which must be submitted to the City's Environmental Proj ects Manager for review and approval. If nesting raptors are detected by the City- approved biologist, a biological monitor shall be present on-site during construction to minimize construction impacts and ensure that nest should be removed or disturbed until all young have fledged. 3. Prior to issuance of any land development permit, including clearing, grubbing or grading permits, temporary orange biological fencing shall be installed around the Brazilian Pepper, Chinese elm, and other mature tall trees that may provide nesting habitat for migrant birds. Fencing shall be constructed in accordance with the development plans to the satisfaction of the Environmental Fleview Coordinator. The City's Mitigation Monitor will conduct periodic site visits to verify the placement of the biological fencing and to ensure that all construction activities remain within the approved limits of grading. Geological 4. Prior to the issuance of construction permits, the applicant shall provide evidence to the City Engineer that all the recommendations in the Allied Earth Technology, dated July 2005 have been satisfied. Hazards/Hazardous Materials 5. Prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perform asbestos and lead-based paint abatement in accordance to all applicable local, state and federal laws and regUlations, including San Diego County Air Pollution Control District Flule 361.145 - Standard for Demolition and Flenovation. Hvdrology and Water Oualitv 6. Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction with the preparation of the final grading plans and must demonstrate that the post-development peak flow rate does not exceed the pre-development flows as indicated in the Drainage Study dated September 27,2006, and to the satisfaction of the City Engineer. Additionally, the City 6 15-15 Engineer shall verify that the tinal grading plans comply with the provisions of California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respect to construction-related water quality best management practices. If one or more of the approved post construction BMPs is non-structural, then a post-construction BMP plan shall be prepared to the satisfaction of the City Engineer prior to the commencement of construction. Compliance with said plan shall become a permanent requirement of the Mitigation Monitoring and Reporting Program. 7. Prior to the issuance of a grading permit, temporary desilting and erosion control devices shall be installed. Protective devices shall be provided at every storm drain inlet to prevent sediment from entering the storm drain system. These measures shall be reflected in the grading and improvement plans to the satisfaction of the City Engineer and Environmental Projects Manager. 8. Prior to issuance of street improvement permit, a final sewer study will be required to the satisfaction of the City Engineer. The applicant is required to grant an easement to the City of Chula Vista wastewater services for the purpose of maintenance of the proposed sewer lines. G. Agreement to Implement Mitigation Measures . ~By-signing the line(s) provided below, the Applicant and Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the. satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant's and Operator's desire that the Project be held in abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact Report. ff t2AJfr1J Dh () {( v/lJJlilJO ~ Printed Name Title of Applicant (or authorized re entative) 'I - ). 3- () 7- Date Signature of (or authorize L/ - Z 3 .- 0 +- Date N/A Printed Name and Title of Operator (if different from Applicant) Date N/A Signature of Operator (if different from Applicant) Date 7 15-16 H. Consultation I. Individuals and Organizations City ofChula Vista: Steve Power, Planning and Building Department Luis Hernandez, Planning and Building Department Maria Muett, Planning and Building Department Josie Gabriel, Planning and Building Department Jeff Steichen, Planning and Building Department Lynnette Lopez, Planning and Building Department Kirk Ammerman, Engineering Department Khosro Aminpour, Public Works Operations Tom Adler, Engineering Department Silvester Evetovich, Engineering Department Jim Newton, Engineering Department Ben Herrera, Engineering Department Gary Edmonds, Fire Department Others: Dee Peralta, Chula Vista Elementary School District Sweetwater Authority 2. Documents City of Chula Vista General Plan, 2005 (as amended). Title 19, Chula Vista Municipal Code. Final Environmental Impact Report, City of Chula Vista General Plan Update, ErR No. 05-01, December 13,2005. City of Chula Vista MSCP Subarea Plan, February 2003. Biological Resources Technical Report for the Napa Place Condominium Project, Chula Vista, Tierra Environmental Services, Inc., February 7, 2007 and associated addendum dated April 2007. Drainage Study for Napa Place, Chula Vista, Burkett & Wong, September 27,2006. Water Quality Technical Report for Napa Place, 445 First Ave, Chula Vista, Burkett & Wong, November 19, 2006 Soils Investigation for 445 First Ave, Chula Vista, Allied Earth Technology, July 2005. Cultural Resources Survey Report for Napa Place Project, 445 First Ave, Chula Vista, Tierra Environmental Services, Inc., June 2006. Air Quality URBEMIS Model, April 2007 8 15-17 3. 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. Date: (, / / 07 . J:\Planning\Caroline\Environmental\ Initial Study\445 First Ave Napa Place\IS-06-020FinaIMND.doc 9 15-18 C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT PROJECT DESCRIPTlON: C) APPLICANT: Napa Place LP INITIAL STUDY PROJECT 5 F A Request: Proposed Tentative Subdivision Map to subdivide a ADDRESS: 44 Irst v 1.7-acre parcel into nine single-family residential lotS. SCALE: FILE NUMBER: NORTH No Scale IS-06-020 Related cases: PCS'{)6-13 J:\planning\carlos\lacators\isOe020.cdr 03.26.07 15-19 EXHIBIT 1 1 i" .. ~..H Z ~1 C -- 'I~~li I I" 08:: i 11 ~go2l,)~.Ti ~: II. t I III , ! ! 1'1 ' a ~ 13! ~ 'j 1 - ~ ill!!:jl!l.!!l.ll!!;l.l, ~iii~I!~;~il~i!~~~ij;i!! E!!!aS;;;;;;;;;;;;;;;;;; \: j ~ 1 ,Ill un ~!H , I W~:!!g !~ !~i~~;~~ ,~~!!~8 ~~ ~~ &-~Ia-Q= li;~~I=~i ;2 I!!! ~l~~ ...!ID,-a~] I," .,;l iO"':;:~ ;I ;; .. '!-~e~l~~ ...:~!~~i~~ "X ,a"t_-- :!j~ l'>~;;!~- ,'_,',~ J ~~.~ i~lR-,~~a~ ;;~~;n !";J~~I~;:;;'1 Ii; ~."'I l~ ~- -~.~ ~ii ~';~ ~.j ~ Eli.;~J;1 'lj~ li,j;!:! ; ii,'!:li!,'. ,I l-i ~. ! ~}~ -lj .. ~;:! :~~;"~h ! ~~~il:i;r~ 'I~ h,;i,;;;" II b"'i1:1-"~J ji ; j,;!j.:l i :lhl'~h~ ;I:t! g~!i~ ...]!!t ! !;i1J~~;IJ~~ ~gs ..~ lU~ ... w~lI 'II ;l..1I ~3! ~il .I"'j i 5Jlg;=!!ii !;... I;~~;~!!I ~ il~lI=iiiag < iil ;~g~!!:i~ ; ~~;:!i~ii~ 'I' 1"1 e.':I~ i I'" ~"llI~~l: i,l II liii, ! .ill; ,.li , . i ; I II I! , I , , i1.! I 1I1I }! !jP i ~ ~ I ~ ....; .. -"'I- I I I -~- - I I I I I I I )..-- I I I _ -)-- <l: U w Z U <i/ <l:<l:~ ~-.J'- Ilo...tf) > W<l: f-Il<l: tf)<l:-.J Z::J I U --- (" I I I I I I I I I I -'- ~ ~~~_...~_" a \.;l//J ,.~ ,.. .,.......ft i ::: m ,;~ ~,'r/'"C{\, '" c,., ',I' ,.IV" ..::t. i' ,'.',. I,'1/.' 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F ,~ ;; -- \ I I EXHIBIT 2 ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) NAPA PLACE- IS-06-020 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Napa Place project. The proposed project has been evaluated in an Initial StudyIMitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-06-020) 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. Geology and Soils 4. Hazards and Hazardous Materials 5. Hydrology and Water Quality MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Projects Manager and City Engineer of the City ofChula 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 Projects Manager and City Engineer. The applicant shall provide evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-06-020 to the Environmental Projects Manager and City Engineer. The Environmental Projects Manager and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table I, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration IS-06-020, which will be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. J:\Planning\Caroline\Environmental\Initial Study\445 First Ave Napa Place\IS-06-020MMRPtext.doc 15-21 E 11 co '., .s '" o ::;: CO o ~ '" ::E ... Gl :E 1II I- :I c " E E o u " .'!l " '" 'li 0 Q. '" E 0; 0 '" u :s Cl c " :2 :E ZO"S .~~ ~ ._ CO ._ () "0 () CO'+:> c: ..... 0.. ~.5 ~ t'll lii c.c. 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Name of Proponent: Napa Place LP Fernando Orvananos 2. Lead Agency Name and Address: City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 311 F Street, Suite 204 Chula Vista, CA 91910 (619) 425-7800 4. Name of Proposal: Napa Place 5. Date of Checklist: April 23, 2007 6. Case No.: IS-06-020 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, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or 0 0 0 . quality of the site and its surroundings? d) Create a new source of substantial light or glare, 0 0 0 . which would adversely affect day or nighttime views in the area? 1 15-26 Comments: a-b) The proposal includes the development of nine single family residential units with site improvements in accordance with the City of Chula Vista Municipal Code and Design Review Guidelines. The proposed landscape improvements would enhance and improve the aesthetic quality of the neighborhood street, First Avenue. The proposed project would not damage any scenic resources, vegetation, or historic buildings within a state scenic highway. The project site contains no scenic vistas or views open to the public. The development layout is designed not to block any private vista views from the existing and proposed residential units. c) The proposal is an infill residential development project. The proposed project will not substantially degrade the existing visual character or quality of the project site or its adjacent residential surroundings. The project site is planned for residential development according to the General Plan Land Use regulations. d) The proposal will be required to comply with the City's minimum standards for roadway lighting. The project will be required to comply with the light and glare regulations (Section 19.66.100) of the Cbula Vista Municipal Code (CYMe). Compliance with these regulations will ensure that no significant glare, or light would affect daytime or nighttime views in the surrounding residential neighborhood area. Mitil!ation: No mitigation measures are required. Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Signifiunt Impact No Impact II. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultura1 use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? o o o . o o o . c) Involve other changes in the eXIstIng enviromnent, which, due to their location or nature, could result in conversion ofFarm1and, to non-agricultura1 use? o o o . 2 15-27 Comments: (a-c) The project site and the surrounding properties are developed with one single family house on each lot. These properties are consistent with the Chula Vista General Plan and zoning designation, and contain no agricultural resources or designated fannland. The proposal would not convert Prime Fannland, Unique Farmland or Farmland of Statewide Importance to non-agricultural use and no impacts to agricultural resources would be created as a result of the proposed project. Mitil!ation: No mitigation measures are required. Issues: ID. AIRQUALITY. 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 projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? 3 15-28 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 . o o o . Comments: a, b, and e) The project site is located within the San Diego Air Basin (SDAB). The proposal would generate insignificant amounts of additional traffic. The proposal would not conflict with air quality plans or standards. For these reasons, the proposed project would not result in any significant long-term local or regional air quality impacts. c and d) See Mitigated Negative Declaration, Section E. Mitieation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level ofless than significance. 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 in 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? 4 15-29 Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o o . o o o . Issues: d) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? e) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: a-d, and f) See Mitigated Negative Declaration, Section E. Potentially Significant Impact o o Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact o o No Impact . . 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. Mitil!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant biological resource impacts to a level ofless than significance. Issues: 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 ~ 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines ~ 15064.5? 5 15-30 Potentially Significant Impact o o Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact o o No Impact . . Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact C) Directly or indirectly destroy a unique paleontological 0 0 0 . resource or site or unique geologic feature? d) Disturb any hwnan remains, including those interred 0 0 0 . outside offormal cemeteries? Comments: a) According to the Cultural &rourres 5 u~ Report prepared by Tierra Environmental Services, Inc., the proposed project will not constitute a substantial, adverse change to the significance of an historical resource as the residence has been detennined by the analysis not to be historically or architectura1ly significant within the project impact area. Therefore, no substantial adverse change in the significance of a historical resource as defined in Section 15064.5 is anticipated and no mitigation measures are required. b) Based on the level of previous site disturbance, the potential for significant impacts or adverse changes to archaeological resource as defined in Section 15064.5 is not anticipated. c) Based on the level of previous disturbance to the site and the relatively limited amount of additional grading for the proposed project, no impacts to unique paleontological resources or unique geologic features are anticipated. d) No human remains are anticipated to be present within the impact area of the project site. Mitigation: No mitigation measures are required. Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk ofloss, injury or death involving: o o o . I. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? o o o . 6 15-31 Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact 11. Strong seismic ground shaking? 0 0 0 . 111. Seismic-related ground failure, including liquefaction? 0 0 0 . lV. Landslides? 0 0 0 . b) Result in substantial soil erosion or the loss of topsoil? 0 0 . 0 c) Be located on a geologic unit or soil that is unstable, 0 . 0 0 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 0 0 . 0 to life or property? e) Have soils incapable of adequately supporting the use 0 0 0 . of septic tanks or alternative wastewater disposal systerns where sewers are not available for the disposal of wastewater? Comments: a) The site has been previously graded and developed with single family residential units. There are no known active faults existing on the project site or in the immediate area. The closest known active fault is the Rose Canyon Fault located approximately 6.8 miles south of the project site. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. b-d) See Mitigated Negative Declaration, Section E. e) No septic tanks will be used for this project, since the site will be connected to the existing City sewer system. Miti2ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant geological impacts to a level ofless than significance. 7 15-32 Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the 0 . 0 0 environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the 0 . 0 0 environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or 0 0 0 . acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of 0 0 0 . 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 aiIport land use plan or, 0 0 0 . where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, 0 0 0 . would the project result in a safety hazard for people residing or working in the project area? g) hnpair implementation of or physically interfere with 0 0 0 . an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk ofloss, 0 0 0 . injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 8 15-33 Comments: a and b) See Mitigated Negative Declaration, Section E (Hazards/Hazardous Materials). c) The proposed project site is not located within one-quarter mile of an existing school. The proposed project will not emit acutely hazardous emissions or materials, therefore, will not create a significant impact to the schools within the surrounding area. d) The proposed project is not located on a site included on the hazardous list pursuant to the Government Code Section 65962.5, therefore, will not create a significant impact to the public or the environment. e) The project is not located within an airport land use plan nor within two miles of a public airport or public use airport; therefore, the project would not expose people residing or working in the project area to adverse safety hazards. f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to adverse safety hazards. g) The project is designed to meet the City's emergency response plan, route access and emergency evacuation requirements. The proposed fire improvements include an emergency turning radius and fire hydrant. No impairment or physical interference with the City's emergency response plan is anticipated. h) The project is designed to meet the City's Fire Prevention building and fire service requirements. No exposure of people or structures to a significant risk of]oss, injury or death due to wildfires is anticipated. Mitil!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Hazards/Hazardous Materials impacts to a level ofless than significance. Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Signifinnt Impact No Impact VIII. HYDROLOGY AND WATER QUAUTY. Would the project: a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? o . o o 9 15-34 Issues: b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface runoff in a manner which would result in flooding 00- or off-site, or place structures within a 1 DO-year flood hazard area which would impede or redirect flood flows? e) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Comments: a-d, and f) See Mitigated Negative Declaration, Section E. 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 o o o . e) The proposal would not expose people or structures to significant risk of loss or injury or death involving flooding. Mitie:ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Hazards/Hazardous Materials impacts to a level ofless than significance. 10 15-35 IX. LAND USE AND PLANNING. Would the proj ect: Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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 Comments: a) The project site is surrounded with single family residential. The proposed residential infill project would be consistent with the character of the immediate surrounding residential area and would not disrupt or divide an established community; therefore, no significant land use impact would occur as a result of the project. b) The project site is located within the Rl (Single-Family Residential) Zone and RLM (Low-Medium Density) General Plan land use designation. The project bas been found to be consistent with the all- respective zoning regulations, General Plan guidelines and regulations, therefore; no significant land use impacts are anticipated. c) Refer to Mitigated Negative Declaration, Section E. Potential short-term construction noiselraptor nesting and biologically sensitive impacts are addressed in the Mitigated Negative Declaration, Section, under Biological Resources. Mitil!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Land UseIPlanning impacts to a level ofless than significance (refer to Biological Resources Section). 11 15-36 Issues: 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? 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? Comments: Potentially Signifiuot Impact o o Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact No Impact o . o . a) The project site has been previously disturbed with the existing single-family residential land use. The proposed project would not result in the loss of availability of a known mineral resource of value to the region or the residents of the State of California. b) The State of California Department of Conservation has not designated the project site for mineral resource protection. Therefore, no impacts to mineral resources are anticipated as a result of the proposed project. Mitil!ation: No rnitigation measures are required. Issnes: XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? 12 15-37 Potentially Significant Impact o o Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact No Impact . o . o Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact C) A substantial permanent increase in ambient noise 0 0 0 . levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase ill 0 0 . 0 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, 0 0 0 . 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, 0 0 0 . would the project expose people residing or working in the project area to excessive noise levels? Comments: a-d) It is anticipated that on-site workers and adjacent residential population may be exposed to construction noise associated with short-term construction activities. However, the project will be required to comply with the City's Noise Ordinance. In addition, due to the minimal construction activities associated with the project, impacts to surrounding residential properties related to construction noise levels are not expected to be significant. The proposed residential project is not located within the Health Risk Assessment Area (HRAA), within 500 feet of any adjacent freeway or highway. The project is not anticipated to potentially violate the noise limits of the City's noise control ordinance. The project site contains ornamental trees and according to the Biological Resource Study, there is potential for raptor nesting in these trees. Potential short-term construction noise/raptor nesting impacts are addressed in the Mitigated Negative Declaration, Section E, under Biological Resources. e-f) The project is not located within an airport land use plan or within two miles ofa public airport, nor is it located within the vicinity of a private airstrip. Therefore, the project development would not expose people residing or working in the project area to excessive noise levels. Mitil!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Noise impacts to a level ofless than significance (refer to Biological Resources Section). 13 15-38 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? o o o . b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? o o o . c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o . Comments: (a-c) The project is surrounded by existing residential development and involves the removal and replacement of one single family residence. The proposed project does not involve the extension of public facilities that would induce substantial growth. Future residential development of the site for the proposed 9 single-family residential units is consistent with the General Plan and would not exceed the regional or local population projections. The proposed project would not involve displacement of existing housing or individuals. Mifu!ation: No mitigation measures are required. 14 15-39 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact XIII. PUBLIC SERVICES. Would the project: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered 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: o o o . a) Fire protection? o o . o b) Police protection? o o o . c) Schools? o o o . d) Parks? o o . o e) Other public facilities? o o o . Comments: a) According to the City of Chula Vista Fire Department, adequate fire protection services can continue to be provided to the site. The applicant will be required to comply with the Fire Department policies for fire hydrant placement, fire truck turnaround and new building construction. The City's Fire performance objectives and thresholds will continue to be met. b) According to the Chula Vista Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. The City's Police performance objectives and thresholds will continue to be met. c) The proposed project would not induce substantial population growth; therefore, no significant adverse impacts to public schools would result. According to the Chula Vista Elementary School District letter dated June 5, 2006, the applicant would be required to pay the statutory building permit school fees for the proposed residential construction or an alternative financing mechanism such as participation in or annexation to a CFD is recommended. 15 15-40 d) The proposed project would not induce significant population growth, as it is a small residential infill project. However, the applicant shall be required to pay Park Acquisition and Development Fees (PAD) in accordance with Ordinance No. 2945 adopted by City Council on January 6, 2004. e) The proposed project would not have a significant effect upon or result in a need for new or expanded governmental services and would continue to be served by existing public infrastructure. Mitil!ation: No mitigation measures are required. Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? o o . o 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? o o o . Comments: a) The proposed project would not induce significant population growth, as it is a small residential infill project and would not impact existing or proposed recreational facilities. However, the applicant will be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945 adopted by City Council on January 6, 2004. b) The project does not include the construction or expansion of recreational facilities. The project site is not planned for any future parks and recreation facilities or programs. Therefore, the proposed project would not have an adverse physical effect on the recreational environment. Mitil!ation: No mitigation measures are required. 16 15-41 Issues: XV. TRANSPORTATION / 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 nwnber of vehicle trips, the volwne to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cwnulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompal1ble uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or prognuns supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact D D D . D D D . D D D . D D D . D D D . D D D . D D D . (a,b,d,e) According to the Traffic Engineering Deparhnent, the proposed residential infill project is not anticipated to result in any significant traffic, circulation or emergency access impacts. The project generated traffic trips are minimal, approximately 72 Average Daily Trips (ADTs) that is not considered to be a substantial increase in either number of vehicle trips, volume or capacity along First Ave and surrounding street segments. The project-generated trips will not exceed the existing 17 15-42 level of service standard LOS "c" at First Avenue and primary access roads. In addition, the level of service standard established by the county congestion management agency for designated roads or highways have not been exceeded. Therefore, a traffic study was not required. No significant traffic impacts will be created as a result of the proposed project. c) The proposal would not have any significant effect upon any air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. f) The proposed project includes 9-two car garages with 8 guest parking spaces on Napa Place in accordance with the Chula Vista Zoning Code. The proposal meets ADA requirements for accessibility and parking. g) The closest bus stop is located at the corner of First Avenue and G Street, northwest of project site. The proposal would not conflict with adopted transportation plans or alternative transportation programs. Mitigation: No mitigation measures are required. Issues: XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 18 15-43 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 . o o o . Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact f) Be served by a landfill with sufficient permitted capacity 0 0 0 . to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and 0 0 0 . regulations related to solid waste? Comments: a) The project site is located within an urban area that is served by all necessary utilities and service systems. According to the Engineering Department, no exceedance of wastewater requirements of the Regional Water Quality Control Board would result from the proposed project. b) According to Sweetwater Authority correspondence dated April 11, 2006 and April 19, 2006, an existing 6-inch water main is located on the east side of First Avenue and a 4-inch water main located on the east side of Corte Helena at the south end of the parcel, to the east boundary. The proposed improvements will include a new looped 8-inch water main connected to the Authority's water mains in First Avenue and Corte Helena. The water main extension will be a public main located in an easement on private property, and the easement will be a minimum of 20 feet wide. There is also an existing 2-inch water service and a %-inch water service. The Owner must submit a plumbing plan that includes the total fixture unit count of all existing and new plumbing fixtures, so that the appropriate service size(s) can be determined. As the water facility improvements are designed in accordance with water authority standards, no significant impacts to existing facility systems will occur as a result of the proposed project. c) The proposed project will result in the construction of new storm water drainage facilities and expansion of existing facilities. The potential discharge of silt during construction activities could impact the storm drain system. Appropriate erosion control measures will be identified in conjunction with the preparation of final grading plans to be implemented during construction. The proposed project is subject to the NPDES General Construction Permit requirements and shall obtain permit coverage and develop a Storm Water Pollution Prevention Plan (SWPPP) and Standard Urban Storm Water Mitigation Plans (SUSMPs) prior to issuance of grading permits. In. addition, the project will be conditioned to implement construction and post-construction water quality Best Management Practices (BMPs) for storm water pollution prevention in accordance with the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP). No significant impacts to the City's storm drainage facilities are anticipated as a result of the proposed project. d) The project site is within the potable water service area of the Sweetwater District. Pursuant to correspondence from the Sweetwater Authority, the project may be serviced from the 6"-water main on the east side of First Avenue and a 4-inch water main located on the east side of Corte Helena at the south end of the parcel, to the east boundary. The applicant will need to install a new looped 8- inch water main connected to the Authority's water mains in F irst Avenue and Corte Helena to service this site. The proposed project will be required to construct expansions to existing water facilities as described in Section b above. No significant impacts to existing facility systems or the City's water threshold standards will occur as a result of the proposed project. 19 15-44 e) See XVI.a. and b. 1) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste needs of the region in accordance with State law. g) The proposal would be conditioned to comply with federal, state and local regulations related to solid waste. Miti!!ation: See Section E of the Mitigated Negative Declaration; refer to the Hydrology and Water Quality and Hazards/Hazardous Materials Sections. The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate identified storm water/storm drainage and wastewater impacts to a level ofless than significant. Issues: Potentially Significant Impact Less Than Signifh:ant With Mitigation Incorporated Less Than Significant Impact No Impact XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A) Librarv o o o . The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the citywide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. B) Police o o o . a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (7) minutes and maintain an average response time to all "Priority One" emergency calls of5.5 minutes or less. c) 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?5 minutes orless. 20 15-45 Issues: C) Fire and Emergencv Medical Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured annually). D) Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west ofI-805 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 facilitiesll ,000 population east ofI-805. F) Drainage The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. G) Sewer The Threshold 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. 21 15-46 Potentially Significant Impact D D D D D Less Than Significant With Mitigation Incorporated D D D D D Less Than Significant Impact D D D . . No Impact . . . D D Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact H) Water 0 0 . 0 The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: a) The project would not induce substantial population growth; therefore, no impacts to library facilities would result. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed project. b) According to the Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. No adverse impact to the City's Police Threshold standards would occur as a result of the proposed project. c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be provided to the project site. Although the Fire Department has indicated they will provide service to the project, the project will contribute to the incremental increase in fire service demand throughout the City. This increased demand on fire services will not result in a significant cumulative impact. No adverse impact to the City's Fire and Emergency Medical Threshold standards would occur as a result of the proposed project. d) According to the Traffic Engineering Division, the surrounding street segments will continue to operate in compliance with the City's traffic threshold standard with the proposed project traffic. No adverse impact to the City's traffic threshold standards would occur as a result of the proposed project. e) The proposed project would not induce significant population growth, as it is a small residential infill project and would not impact existing or proposed recreational facilities. However, the applicant will be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945 adopted by City Council on January 6, 2004. f) Based upon the review of the project, the Engineering Department has determined that there are no significant issues regarding the proposed drainage improvements of the project site. The proposed drain system includes improvements to existing drainage culverts to handle I DO-year storm events, a series of inlets, private catch basins and culverts, underground detention systems, discharge controls, and filtering systems. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. 22 15-47 g) The project site is within the bOlmdaries of the City of Chula Vista wastewater services area. The existing area sewer facility system includes sewer lines along First Avenue and along Alpine Ave. There is an existing off-site 8" sewer main along First Avenue right of way, and a 6" PVC sewer main along Alpine Avenue crossing First Avenue along the frontage of the proposed project site. The applicant shall be required to submit a final sewer study to the satisfaction of the City Engineer. The applicant is required to grant an easement to the City of Chula Vista wastewater services for the purpose of maintenance of the proposed sewer lines. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the proposed project. h) The project site is within the potable water service area of the Sweetwater District. Pursuant to correspondence from the Sweetwater Authority, the project may be serviced from the 6"-water main on the east side of First A venue and a 4-inch water main located on the east side of Corte Helena at the south end of the parcel, to the east boundary. The applicant will need to install a new looped 8- inch water main connected to the Authority's water mains in First Avenue and Corte Helena to service this site. The proposed project will be required to construct expansions to existing water facilities as described in Section XVLb above. No significant impacts to existing facility systems or the City's water threshold standards will occur as a result of the proposed project. Mitigation Measures: No mitigation measures are required. Issues: XVIII. 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 eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) 23 15-48 Potentially Significant Impact Less ThantSignificant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o o . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? D D D . Comments: a) See Mitigated Negative Declaration, Section E. Potential short-term construction noiselraptor nesting and biologically sensitive impacts are addressed in the Mitigated Negative Declaration, Section E, under Biological Resources. b) The project site has been previously disturbed with a similar residential land use and site improvements. No cumulative considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future projects have been identified. c) The project will not cause substantial adverse effects on human beings, either directly or indirectly, as the proposed project has been mitigated to lessen any potential significant impacts to a level of less than significance. Mitigation Measures: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to a level ofless than significance. 24 15-49 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table I, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration 18-06-020. xx. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained within the Mitigated Negative Declaration, 18-06-020, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shall apply for an Environmental Impact Report. ft fC-1Jr4NfJo (l)/211 ItAllt-JJO J. Printed Name and . e of Applicant (or authorized repr e tative) Signature of Appli ant (or authorized repr sentative) 1-23 -0 r Date N/A Printed Name and Title of Operator (if different from Applicant) N/A Signature of Operator (if different from Applicant) Date 15-~ 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. . Land Use and Planning D TransportationITraffic D Population and Housing . Biological Resources . Geophysical D Energy and Mineral Resources D Public Services D Utilities and Service Systems D Aesthetics D Agricultural Resources . Hydrology/Water D Hazards and Hazardous Materials D Cultural Resources . Air Quality . Nei"e D Noise . Mandatory Findings of Significance D Recreation D Paleontological Resources 26 15-51 : 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 the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, and an Environmental Impact Report is required. I find that the proposed project may have a significant effect( s) on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier anJllysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant.unless mitigated." An Environmental n impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ErR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. 6/;/o?- , Date J:\Planning\Caroline\lnitial Study\445 First Av<.: Nupa Place\lS-0640.!Otloa\ Checklistl.doc 27 15-52 . o o o ~ \ f.c.. :-1'--: P I ann n g & Building Planning Division Departme.nt .Development Processing Disclosure Statement CI1Y Of CHUtA VISfA 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 interes\s, payments, or campaign cDntributiDns fDr a City of Chula Vista election must be filed. The fDllowing infDrmatiDn must be disclosed: .' . 1. List the names of all persons having a financial interest in the prDperty that is the subject Df the application Dr the contract, e.g., Dwner, applicant, contractDr, subcDntractor, material supplier. (em CcY1~ OrvC{'VtC< \.-<65 /Va.F- (7G..c..e L ,f w rt\ lD(,^ (Q<rp+-l~..- 2. If any person" identified pursuant tD (1) above is a cDrporatiDn Dr partnership, list the names Df all individuals with a $2000 investment in the business (cDrporation/partnership) entity. ltG..5a.') I,,-.L. C -/ ().Ji(lia.lM..- Gu.A-ler d..feV'~[)r[)ql-1..l{";~ -- ....-r ((,,::l,.1.A A: L r " <;d,. l;') ,,--,> t..." , ( ~ r vcrV1.c...1.-1.Ll <, t:t:..co;?rQ ThS~" h~o"hl1t.c... -') \)0 rore.,& (.lll2lAfct. If any pers n" identified ursuant to (1) above is a non-profit Drganization or trust, list the names of any parson serving as director of the non-profit organizatiDn Dr as trustee pr beneficiary or trustor Df the trust. 3. N.~. 4. Please identify every person, including any agents, employees, cDnsultants, or independent contractors you have assigned to represent you before the City in this matter. . -~~~.~, q.Ch~~-1~Jlll~17~-') TM/\~~~('b(~~ l~it#l;f~ io ro 5. Has any person" associated with this contract had any financial dealings with an official"" of the City pf Chula Vista as it relates to this contract within the past 12 months. Yes_ NoA-- . If Yes, briefly describe the nature of the financial interest the official"" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No X Yes _If yes, v:hich Council member? 276 Fourth Avenue C1Hd.l Vist-1 CaJiforn ia 9191tl (619) 691.5101 15-53 ATTACHMRNT n City Of Chula Vista 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_ NOA If Yes, which official" and what was the nature of item provided? Date: 1-/0-0(, Si ature of Contractor/Applicant _terY\Cmdo OV-V C{ \1Cd'(O~ Print or type name of Contractor/Applicant . Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipaiity, district. or other political subdivision, -or any other group or combination acting as a unit. .. Official includes;:but is not limited to: Mayor, Councii member, Planning Commissioner, Member of a board, -wm-mission, or committee of the City, employee, or staff members. 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 15-54 RESOLUTION NO. 2007-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE MAP KNOWN AS NAPA PLACE, CHULA VISTA TRACT 06-13 TO SUBDIVIDE 1.7 ACRES AT 445 FIRST AVENUE INTO NINE (9) SINGLE-F AMIL Y RESIDENTIAL LOTS AND ONE (1) COMMON LOT CONTAINING THE PRIVATE ACCESS ROAD AND GUEST PARKING - NAP A PLACE, LP. I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, on March 27, 2006, a duly verified application was filed with the City of Chula Vista Planning and Building Department by Napa Place, LP ("Applicant"), requesting approval of a Tentative Subdivision Map known as Napa Place, Chula Vista Tract 06-13 to subdivide 1.7 acres at 445 First Avenue into nine (9) Single Family Residential lots and one (I) common lot containing the private access road and guest parking ("Project"); and, B. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A", copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and for the purpose of general description herein consists of 1.7 acres located at 445 First Avenue ("Project Site"); and C. Environmental Determination 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-06-020, 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 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-06-020 and associated Mitigation Monitoring and Reporting Program; and WHEREAS, on May 7, 2007, the Resource Conservation Commission determined that Initial Study IS-060-20 for the Previous Project was adequate, and recommended adoption of the Mitigated Negative Declaration, IS-06-020; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 13, 2007, and after hearing staffs presentation and public testimony voted 7-0-0 to recommend that the City Council approve the Project, in accordance with the fmdings and subject to the conditions listed below; and 15-55 Resolution No. 2007- E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 445 First A venue at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on July 10, 2007, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on June 13,2007, and the minutes and Resolution resulting there from, are hereby incorporated into the record of this proceeding. II1.CERTIFICATION OF COMPLIANCE WITH CEQA AND INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council, as lead agency, certifies that the Mitigated Negative Declaration (MND) and associated Mitigation Monitoring and Reporting Program (MMRP) (IS-06-020) were prepared in compliance with the California Environmental Quality Act (CEQA), the state CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista, that the City Council has reviewed and considered the MND and MMRP, and that the MND and the MMRP represent the independent judgment and analysis of the City Council; therefore, the City Council hereby adopts the MND and MMRP. V. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council fmds that the Tentative Subdivision Map, as conditioned herein for 445 First Avenue, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The project will be developed at a density of 5 dwelling units per acre, which is within the allowable residential density range of 3-6 dwelling units per acre. The project proposes a detached single family planned development which will be consistent with the character intended for a Residential Low-Medium area, and will be more compatible with the development of the surrounding area, which is primarily single family residential. The proposed proj ect provides housing opportunities in the northwest portion of the City. 15-56 Resolution No. 2007- 2. Circulation The subdivision design consists of nine lots served by a 'T' shaped private road with direct access to First Avenue via a gated entrance. The private road is 26 ft wide with sidewalk on one side (north side), rolled curbs and no parking on either side. There are eight (8) guests parking stalls strategically located to serve all lots. No access is proposed on Corte Helena Avenue. The private road, gate, and guest parking spaces within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. There are no public service, facility, or phasing needs created by the Project that warrants the preparation of a Public Facilities Financing Plan. 4. Housing The Project is consistent with the density prescribed within the Residential - Low Medium General Plan designation, and the Project provides additional opportunities for single-family residential home ownership. 5. Growth Management The Project is in compliance with applicable Growth Management Element requirements because there are no public service, facility, or phasing needs that warrant the preparation of a Public Facilities Financing Plan. 6. Open Space and Conservation The project proposes individual single-family homes that meet the minimum open space requirement per the Chula Vista Municipal Code. The Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-02-045, which addressed the goals and policies of the California Environmental Quality Act, and found the development of the site to be consistent with the goals and policies of the Conservation Element. 7. Parks and Recreation The Project has been conditioned to pay park acquisition and development fees prior to recordation of the Final Map. 8. Safetv The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal, as conditioned, meets those standards. 15-57 Resolution No. 2007- 9. Noise The Project has been reviewed for compliance with the Noise Element and will comply with applicable noise measures at the time of issuance of the building permit. 10. Scenic Highwav This Project Site IS not located adjacent to or visible from a designated sceruc highway. 11. Seismic Safety A geotechnical investigation evaluation has been prepared for the project, which determined that there are no known active faults existing on the project site or in the immediate area. The closest known active fault is the Rose Canyon Fault located approximately 6.8 miles south of the project site. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. 12. Safety The City Engineer, Fire, and Police Departments have reviewed the proposed subdivision of existing apartments to condominiums for conformance with City safety policies and have determined that the proposal meets the City Standards for seismic safety and emergency services. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the City Council finds that the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to insure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development because the proposed site can accommodate the density of residential development called for by the General Plan. E. The conditions herein imposed on the grant of permit or other entitlement herein contained are approximately proportional both in nature and extend to the impact created by the proposed development. 15-58 Resolution No. 2007- BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. V. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(I), 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, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. VI. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or his/her successors in interest and assigns, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, known as Napa Place, Chula V ista Tract 06-13. VII. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Applicant or successor-in-interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified: GENERAL! PLANNING AND BUILDING I. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. 2. Applicant and/or his/her successors in interest, shall comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of the Tentative Subdivision Map, as recommended for approval by the Planning Commission on June 13,2007. Prior to approval of the Final Map for the project, the Applicant shall enter into an agreement with the City, providing the City with such security and implementation procedures as the City may require compliance with the above regulatory documents. The Agreement shall also ensure that, after approval of the Final Map, the Applicant and his/her successors in interest will continue to comply, remain in compliance, and implement such Plans. 15-59 Resolution No. 2007- 3. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. 4. The Applicant shall comply with all applicable sections of the Chula Vista Municipal Code, the City Growth Management Ordinance, and the City's General Plan, as amended from time to time. The Applicant shall prepare any final maps and all plans in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance, Grading Ordinance, the Landscape Manual, and Subdivision Manual. 5. If any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modifY all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified in writing 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 6. The Applicant shall comply with the "Recycling and Solid Waste Management Plan" which has been approved by the City of Chula Vista Conservation Coordinator. The plan demonstrates those steps the Applicant will take to comply with Municipal Code, including, but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The plan shall incorporate trash enclosures which are designed to comply with the City's N.P.D.E.S. permit if applicable, to provide compatibility with the architectural style of the development, and to enhance trash enclosure doors where they are highly visible. 7. All gates, walls, and fences shall comply with the City of Chula Vista Municipal Code and the City of Chula Vista Subdivision Manual. For the entry access gate, the Applicant shall provide a gate opener to the City's franchise hauler and an Opticom strobe entry system and a Knox override switch to the Fire Department and Police Department to access the site. The Applicant shall also request a waiver for the gate from the Engineering Department in regards to the requirements for a turn around area and stacking distance of 150 feet. 8. The phone intercom system for the entry access gate shall be mounted on the passenger side of the driveway as to not block emergency vehicle access to the site. 9. The Applicant shall provide a private fire hydrant at the hammerhead in accordance with the City of Chula Vista Fire Department. 15-60 - .._---._-----_..._.._------'"~._---~,,~-~---------- Resolution No. 2007- 10. The Applicant shall implement to the satisfaction of the City Environmental Review Coordinator and the City Engineer the mitigation measures identified in the Napa Place Tentative Subdivision Map Mitigated Negative Declaration (lS-06-020) and associated Mitigation Monitoring and Reporting Program. GRADING AND DRAINAGE II. All onsite drainage facilities shall be private. 12. The Applicant shall submit a detailed grading plan in accordance with the Chula Vista Grading Ordinance is required before issuance of any building permits. Details such as type, cross sections, and profiles of all the proposed retaining walls shall be shown on the grading plans for City's review and approval. 13. The Applicant shall submit a drainage study prepared by a registered civil engineer to be reviewed and approved by the City Engineer prior to issuance of a grading permit or other development permit. Design of the drainage facilities shall consider existing onsite and offsite drainage patterns. The drainage study shall calculate the pre-developed and the post-developed flows and show how downstream properties and storm drain facilities are impacted. If the post-development flows exceed the pre-development flows, the study shall include calculations sizing proposed detention system(s). The extent of the study shall be as approved by the City Engineer. 14. Proposed curb outlets shall be designed to Chula Vista Design Standards CVCS-17. NPDES 15. The Applicant is required to obtain approval ofa Water Quality Technical Report prior to Grading Permit describing structural and non-structural Best Management Practices (BMPs) that will be implemented to prevent discharge of pollutants from the project site to public storm drainage systems. BMPs should intercept runoff from the project site and pre-treat said runoff prior to discharge to the public storm water conveyance system. Identify proposed BMP facilities to be used to treat storm water runoff from the site as part of the project Water Quality Technical Report. Said BMP facilities shall be reviewed and approved on the grading plans and inspected by the City's Stormwater Inspector. 16. The Applicant shall enter into an agreement to fully implement NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the city's storm water conveyance system, including but not limited to: a. Installing and using efficient irrigation systems and landscape design; more specifically: i. Employ rain shutoff devices to prevent irrigation after precipitation. 15-61 - ~'-----'-"--'__'__~__'___'m.__~.__.._______u~____.__ Resolution No. 2007- 11. Adjust irrigation systems to each landscape area's specific water requirements 111. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. IV. Employing other comparable, equally effective, methods to reduce irrigation water runoff. b. Employing integrated pest management principles. More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (IPM), including: (I) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (3) distributing IPM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense PUBLIC IMPROVEMENTS 17. An improvement plan showing all existing and proposed public improvements such as driveways, curb, gutter, pedestrian ramps, and sidewalk shall be submitted for City's review before Final Map approval by the City Council. 18. The Applicant shall install a 26-ft driveway per the City of Chula Vista Subdivision Manual standards, CVCS-IB. 19. Per City of Chula Vista Subdivision Manual, all proposed public sewer mains, located within public right of way, shall be 8-inch PVC minimum. Extend an 8-inch PVC sewer by connecting to existing 8-inch sewer main on Corte Helena Avenue up to the property line and add a new standard sewer manhole just outside of this property line within City's right of way. This sewer manhole and the new 8-inch PVC main shall be public. PRIVATE OR ONSITE IMPROVMENTS 20. The onsite sewer system shall be private. All sewer laterals shall be privately maintained from each building and/or condo unit to the City maintained public sewer main. 21. The Applicant/Owner shall establish a homeowners association to fund and oversee a contract for the maintenance of the onsite private sewer system. The frequency of maintenance of the sewer system shall be contained in the provisions of the Codes, Covenants & Restrictions (CC&Rs). The City Engineer and Director of Public Works shall approve the provisions of the CC&Rs regarding the onsite private sewer system prior to approval of the final map. 15-62 '._~----_"__________'.n'________.,__._.___.__~__ Resolution No. 2007- CC&R'S 22. The Applicant shall submit CC&R's to the City Engineer and Director of Planning and Building for approval prior to approval of the final map. Said CC&R's shall include the following: . Indemnification of City for private sewer spillage. . Listing of maintained private facilities. . The City's right but not the obligation to enforce CC&R's. · Provision that no private facilities shall be requested to become public unless all homeowners and 100% of the first mortgage oblique have signed a written petition. . Maintenance of all walls, fences, lighting structures, paths, recreational amenities and structures, sewage facilities, drainage structures, guest parking, and landscaping shall be the responsibility of the Homeowners Association. · Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources to the storm water conveyance system. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map. 23. The Applicant shall submit a homeowners association (HOA) budget for review and approval prior to final map approval by the City Engineer for the maintenance of private streets, storm drains and sewage systems. Said budget shall include the following maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years. b. Sewers must be cleaned once a year with a contingency for emergencies. c. Red curbs / striping must be painted once every three years. EASEMENTS 24. All existing easements and irrevocable offers of dedication shall be shown on the final map. A title report dated within 60 days of submittal of the final map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. Applicant shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS 25. Prior to final map recordation, the Applicant shall enter into an agreement for the following; . Agree to defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees wit regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly 15-63 Resolution No. 2007- notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. · Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. · Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. MISCELLANEOUS 26. The following fees will be required based on the final building plans submitted (see attached Development Checklist for more information): a) Sewer Connection and Capacities fees b) Development Impact Fees c) Traffic Signal Fees 27. Payment of the current Park Acquisition and Development (pAD) fee is required prior to the Final Map approval in accordance with CVMC 17.10 "Parklands & Public Facilities". 28. The Final Map shall tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 29. Submit copies of the Final Map, grading plans, and improvement plans in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 3 Yz HD floppy disk prior to the approval of the Final Map. 30. Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. 15-64 Resolution No. 2007- VIII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Applicant and property owner 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 herein. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the property owner and the Applicant, and a signed, stamped copy of this recorded document shall be returned to the Planning and Building Department. Failure to return a signed copy and a stamped copy of this recorded document within thirty days of recordation to the City Clerk shall indicate the property owner and Applicant's desire that the Project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No. Signature of Applicant or Property Owner Signature of Applicant IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect. James D. Sandoval Director of Planning & Building foL'. Presented by: J:\Planning\Caroline\Discretionary Permits\PCS-06-13 CC Reso 15-65 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: Napa Place LP. SUBDIVISION PROJECT . Request: Proposed Tentative Subdivision Map to subdivide a 1.7 ADDRESS: 445 First Av acre parcel into nine single-family residential lots. SCAlE: FILE NUMBER: NORTH No Scale PCS-06-13 Relaled cases; IS.()6.()20 J:\p\anning\carlos\locators\pcs0613.cdr 05.11.07 15-66 'c:~'M\e,\\ 1\