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Home My WebLink About2007/12/18 Item 7 CITY COUNCIL AGENDA STATEMENT Item No.: l- Meeting Date: W18/07 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION MND (IS-07-014) FOR THE HIGH TECH HIGH UNIVERSITY PARK PROJECT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 AND APPROVING A ZONE CHANGE (PCZ-07-03) FROM PLANNED COMMUNITY (PC) TO PUBLIC QUASI-PUBLIC (PQ). RESOLUTION OF THE CITY COUNCIL APPROVING CONDITIONAL USE PERMIT (PCC 07-024) FOR HIGH TECH HIGH LEARNING, A PUBLIC CHARTER CAMPUS FOR A HIGH SCHOOL AND ELEMENTARYIMIDDLE SCHOOL, IN ACCORDANCE WITH THE FINDINGS AND SUBJECT TO THE CONDITIONS CONTAINED THEREIN. SUBMITTED BY: JAMES D. SANDOVAL,Jj)~ ~ <;$:J , DIRECTOR OF PLANNING AND BUILDING DAVID M. GARCIA, CITY MANAGER J U.$JJ SCOTT TULLOCH, ASSIST ANT CITY ~~AGER "'71 REVIEWED BY: 4/5THS VOTE: YES NO X INTRODUCTION High Tech High (HTH) Learning is a state chartered public school and nonprofit organization overseeing the development and operation of the facilities that house High Tech High schools. The HTH Learning philosophy emphasiies small school size, small classes, personalized project-based ; 7-1 Date, Item No.: '+ Meeting Date: 12/18/07 Page 2 of 11 learning, real-world immersion, and performance-based assessment. HTH Learning currently operates a total of seven High, Middle and Elementary schools, with six schools in San Diego County and one school in northern California. HTH Learning proposes a 550-student High School and 700-student Elementary/Middle School including an Environmental Learning Center on a 10-acre portion of the University Park project site, located at the southeast comer of Hunte Parkway and Discovery Falls Drive. The project requires a rezone of the 10-acre project site from Planned Community (PC) to Public Quasi- Public (PQ) to allow the use in advance of a Sectional Planning Area (SPA) Plan that is to be developed for the proposed University Park site surrounding the project site. The High Tech High Learning IO-acre High School and Elementary/Middle School project site requires a rezone of the site in order to provide an implementing zone consistent with the General Plan, as well as provide the City with the authority to establish controls over the project site by way of a Conditional Use Permit. State law (Govemment Code 65854-65861) and Chula Vista Municipal Code (CVMC), beginning at Section 19.12.030, establish the process for adopting zone changes of property and require that the Planning Commission hold a public hearing on proposed rezoning actions and provide a written recommendation to the City Council as further discussed in this report. A CUP is required pursuant to CYMC 19.47.080(B) to allow the proposed school use. In order to meet the time constraints related to bond schedules and construction deadlines for the 2008 opening of the campus facilities, public hearings with both the Planning Commission and City Council were requested to occur before the end of this calendar year, and are being held on the same day to accommodate that request. BACKGROUND Representatives of HTH Learning approached City staff two years ago to discuss locating one or more HTH schools in Chula Vista. After a thorough review of a number of different sites located in Chula Vista, including the Bayfront Planning Area, the Southwest area, as well as a site within one of the villages of Otay Ranch, the University Planning Area in Otay Ranch emerged as the most attractive site. A lease agreement with HTH Learning was approved by the City Council in January 2007 to develop a High School, Environmental Learning Center, and Elementary/Middle School on a 10- acre City owned site. The lease with High Tech High Learning is for a 50-year term, with two 25-year options at a rate of $1 per year. The structure of the lease will allow the City to retain long-term ownership and control of the property, while High Tech High Learning will be responsible for all costs associated with the development and maintenance of their facilities. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California EnvirOJ;unental Quality Act and has conducted an Initial Study (IS-07-0l4) in 7-2 Date, Item No.: ~ Meeting Date: 12/18/07 Page 3 of 11 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 or mitigate the effects to below significance; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program (IS-07-014). The Mitigated Negative Declaration (MND) includes a Mitigation, Monitoring and Reporting Program (MMRP) that mitigates or avoids all significant environmental impacts. The MND and MMRP was prepared by the Environmental Review Coordinator and was available for public review from November 7, 2007 to December 7, 2007. No significant comments were received at the close of the public review period. RECOMMENDATION Staff recommends that the City Council (1) adopt a resolution adopting the Mitigated Negative Declaration IS-07-014 and associated Mitigation Monitoring and Reporting Program (MMRP), (2) adopt the ordinance amending the zoning map and approving a Zone Change (PCZ-07-03) for the 10-acre project site from Planned Community (PC) to Public Quasi-Public (PQ), and (3) adopt a resolution approving Conditional Use Permit (pCC-07-024) in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSION RECOMMENDATION On November 19, 2007 the Resource Conservation Committee voted unanimously to recommend adoption of the Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program (IS-07-014). The Planning Commission will consider the proposal at a public hearing to be held earlier in the same evening prior the City Council public hearing. A verbal summary of the result of the Planning Commission public hearing will be provided to the City Council. DISCUSSION 1. Project Setting The 10-acre project site is located within the University Park Planning Area in the eastern portion of Otay Ranch. It was determined that the most appropriate location for siting the proposed educational facility would be nearest an existing circulation street adjacent to a future University entry or gateway point. The southeast comer of Hunte Parkway and Discovery Falls Drive meets those criteria. In addition to the 10-acre project site, the proposed project will utilize a l2-acre borrow site owned by the City immediately adjacent to the project site that will provide 400,000 cubic yards of soils needed to create the building pads and a relatively flat campus site. The overall amount 7-3 Date, Item No.: '1 Meeting Date: 12/18/07 Page 4 of 11 of land area that is impacted in order to create the campus is approximately 26 total acres. This includes an approximate 4-acre area owned by the City consisting of access roads (such as the Discovery Falls extension) and slopes surrounding the 12-acre borrow site. Topographically, the project site is characterized by rolling hillsides with elevations ranging from 578-ft. in the northern corner of the. property to 461-ft. in the southern corner of the site, a difference of 117-ft. The project site is bordered to the west, south, and east by areas of future development associated with the University Campus. The borrow area and manufactured slopes associated with the proposed project will be temporary in status given that the development of the University Campus will encompass the surrounding areas. The Otay Ranch General Development Plan (GDP) and Resource Management Plan (RMP) established a ranch-wide standard that required preservation of at least 83 percent of the steep slopes (slopes with gradients of 25 percent or greater) throughout the Otay Ranch. As the first proj ect to be developed with the University Planning Area, the lO-acre proj ect area will impact approximately .35 acres of the overall University Planning Area impacted steep slopes. This estimated impact to steep slopes within the overall University Planning Area would not exceed what the RMP steep slope allocation provisions would allow for the entire University Planning Area, which is 55.7 acres. Therefore, implementation of the proposed 10-acre project is well within the ranch-wide steep slope preservation standard. The project site contains no natural vegetation communities or sensitive habitat. Per the City's Multiple Species Conservation Program (MSCP) Subarea Plan, the proposed project is located within a development area that is covered as part of the Otay Ranch development area and has not been identified as a strategic preserve area within the City nor is it located within a designated conservation area. The City's MSCP Preserve is located approximately 3,000 feet southeast of the project site. The land uses surrounding the project site are as follows: North: South: East: West: Single- and multi-family Residential (Otay Ranch Windingwalk Village II) Undeveloped - former agricultural lands (future University Campus) Undeveloped - former agricultural lands (future University Campus) Undeveloped - former agricultural lands (future University Campus) 2. General Plan, Land Use and Zoning The City's General Plan designates the land area as the University Park Planning Area. In addition, the Land Use and Transportation Element (Chapter 5) identifies several objectives that expand on the University designation. . Objective - LUT 86 "Encourage the dedication of land, and other voluntary actions that facilitate creation of a multi-institutional university." 7-4 Date, Item No.: 9- Meeting Date: 12/18/07 Page 5 of 11 . Objective - LUT 87 "Establish an educational institution that promotes economic development and serves as a center of education, prestige, and distinction for the City of Chula Vista and southern San Diego County." . Objective - LUT 88 "Ensure a multi-institutional university center facility that IS accessible to students regionally and bi-nationally." The Otay Ranch General Development Plan (GDP) designates this land area as Village Ten, with a University Campus being the primary land use. The subject property is currently zoned Planned Community (PC). The proposal is to rezone the 10-acres for the proposed High Tech High Learning Educational Carnpus from Planned Community (PC) to Public Quasi-Public (PQ). The Public Quasi-Public (PQ) zone (Chapter 19.4 7) allows for such uses as agricultural and public parks to be established by right, but requires uses such as schools, fire stations, and post offices to be established as conditional uses. The Public Quasi-Public (PQ) zone change will provide the City with the authority to establish controls and maintain the use of the property for an educational purpose through a CUP in advance of the required SPA Plan for Village Ten. 3. Project Description HTH Learning began in 2000 as a single charter high school launched by a coalition of San Diego business leaders and educators concerned by the City of San Diego's shortage of qualified high-tech workers. It has evolved into a nationally recognized school development organization with a growing portfolio of innovative charter schools that are designed to ensure that all students graduate well prepared for college, work, and citizenship. High Tech High creates a personalized, project- based learning environment where students are known well and challenged to meet high expectations. The proposal to create a High Tech High School and Elementary/Middle School with an Environmental Research Center will provide a small but academically rigorous, public charter school in Chula Vista that is based on the HTH learning philosophy or common intellectual mission of providing students with a personalized education with an adult-world connection. The primary goals of the HTH Learning Environmental campus in Chula Vista will be to: . Provide students with relevant academic and workplace skills, preparing graduates for rewarding lives in an increasingly technological and global society. . Increase the number of low-income and minority students who succeed in high school and postsecondary education and who become productive members and leaders in the high-technology industry. The focus on global environmental issues at the HTH Learning Environmental campus in Chula Vista will be reflected not only in the curriculum of each school, but also in the design and function of the school facilities. The design will utilize two green building guides to benchmark the "green- ness" of the High Tech High schools. The two green building guides to be used as benchmarks are 7-5 Date, Item No.: 1- Meeting Date: 12/18/07 Page 6 of 11 the US Green Building Council's Leadership in Energy and Environmental Design (LEED) rating system and the Collaborative for the High Performance Schools Best Practices System. Each of these systems incorporates sustainable products, water efficiency, energy and atmosphere, materials and resources and indoor air quality. It has been proposed that the school be entirely energy autonomous and serve as a paragon for environmental education with the hope that the school will receive the highest possible certification on the LEED rating system. The proposed schools' academic mission and research facilities will provide future collaboration and research opportunities with the National Energy Center for Sustainable Communities, which will also be located at the UPRC, as well as future academic partners within the campus. The proposal by High Tech High is strategically aligned with the goals and objectives of the UPRC and the City ofChula Vista, and will enhance the efforts of the City to develop the UPRC. The development of two High Tech High public charter schools and an Environmental Research Center (ERC) would occur on 10-acres and would be constructed in two phases: Phase One consists of a 64,000-sq. ft. high school for 9'h through 12th grade students, including the ERC facility. The High School will accommodate 550 students and 36 faculty members, including hardscaped parking fields and softscaped outdoor use areas, on 8 of the 10-acres. Phase Two would include the addition of a 70,000-sq. ft. Elementary/Middle School for Kindergarten through 8th grade students. The Elementary/Middle School will accommodate 700 students and 47 faculty members on the remaining 2-acres. School phasing is summarized in the table below. Each school building would include classrooms, specialty labs, administration offices, a commons/dining area, and support/building core facilities. Phase One School Type Grades Students High School & 9"'-12th 550(') Integrated ERC ERC Growing All 0 Areas Phase One 9"'-12th 550 Total Square Focta e Staff Classrooms Parking Stalls()) 50,000 36 (2) 26 112 14,000 o o o 64,000 36 26 112 K-8 School Pro' eet Totals Footnote: I. Student population assumptions for phase one: ISO students for 9'" grade; 400 students for grades 10" -12'" 2. Staffing assumptions for phase one: 7 staff members for 9th grade; 29 staff members for grades lOth_ \2" 3. K-9'" grade ~ I stall per staff member plus 5 stalls for visitors 10"'-12'" grades = I stall per every 4 students The Environmental Research Center will be highly integrated with the high school and will consist of specialty labs, outdoor growing areas, and other facilities for environmentally-focused 7-6 Date, Item No.: '1 Meeting Date: 12/18/07 Page 7 of 11 research and teaching involving students, faculty, and vlsltmg researchers and community members. Ancillary activities and programs that will take place on the campus will include fundraising, athletics, preschool, childcare, adult education, research, performing arts, and community events before, during, or after regular school hours and on weekends and holidays as well. When the project is completed it will provide a complete campus including educational buildings, on-site parking, open recreational space, landscaping, lighting, signage, pedestrian pathways, fencing, and retaining walls. Proposed lighting will consist of standard security, pathway, and parking lighting standards. 4. Staff Analysis Zone Change The proposed project site is currently shown as being located within a Planned Community (PC) zone, within the University Study Area of the General Plan. Amendments to the General Plan and Otay Ranch General Development Plan that applied to the University planning area were deferred in December 2005. Amendments needed to facilitate development of a University(s) and Technology Park will be before the Planning Commission and City Council in the future. The proposed zone change will be consistent with the objectives mentioned above from the City's General Plan Land Use and Transportation Element as well as the Otay Ranch GDP for the establishment of Educational and Research Institutional land uses within the University Planning Area. A SPA Plan is required for all lands that are zoned Planned Community (PC). The zone change from Planned Community (PC) to Public Quasi-Public (PQ) would allow for the development of a public institutional use such as the HTH Learning public charter school within the University Planning Area in advance of the required Sectional Planning Area (SPA) Plan for the surrounding University Campus land use area. A zone change to PQ for the education facility would be consistent with the land use designation for the site and would not preclude opportunities for future University planning efforts. The campus would ultimately be included in the future University SPA Plan. The Planning Commission will be holding a public hearing regarding the proposed project just prior to the City Council public hearing. If the Planning Commission recommends approval of the Zone Change in conjunction with the Conditional Use Permit, then the Planning Commission Resolution will incorporate their required written recommendation to the City Council regarding the proposed rezoning of the property for the purposes of allowing this specific educational facility. A City Council Ordinance will be required to establish the Zone Change. Conditional Use Permit The zone change from Planned Community (PC) to Public Quasi-Public (PQ) will provide the City with the authority to establish controls and maintain the use of the property for an educational purpose through a CUP. Pursuant to CVMC 19.14.080 Conditional Use Permit 7-7 Date, Item No.: 1- Meeting Date: 12/18/07 Page 8 of 11 findings require, among other things, that any proposed use at the proposed particular location is necessary or desirable to provide a service or facility which will contribute to the general well being or purpose of the surround neighborhood or community. HTH Learning will be contributing to the creation ofthe University environment. Other required findings of a Conditional Use Permit are that the project not be detrimental to the health, safety, and general welfare of persons working or residing within the vicinity, that the permit will be compliance with other regulations and with conditions imposed upon the Conditional Use Permit, and that the use will not adversely affect the General Plan or other government agency adopted plan. These findings and supporting evidence are included in the draft CUP resolution. The following issues were specifically evaluated in the context of the proposed project and associated CUP findings: Site Plan The project area is located within a large development area that previously consisted of undeveloped hills and canyons of agricultural land. It was determined that the most appropriate location for siting of the proposed project would be nearest an existing circulation street that was adjacent to a future University entry or gateway point. The IO-acre site provides enough land for HTH Learning to construct a High School, Environmental Research Center, and Elementary/Middle School, and its location at the southeast comer of Hunte Parkway and Discovery Falls Drive provides the necessary vehicular and pedestrian access to the City's existing circulation system of arterials, trails, and paseos. The extension of Discovery Falls Drive at Hunte Parkway does not preempt or preclude the future development of circulation plans for the university campus within the future University Sectional Planning Area (SPA) Plan. It is anticipated that the extension of Discovery Falls Drive can be developed as a circulation roadway into any manner to be determined by the future University SPA Plan. For example, the roadway could become part of an internal university street grid with multiple points of access, or it could become a wider collector or arterial roadway to serve the university. The current design of the extension of Discovery Falls Drive is exclusively to provide access for pedestrian and vehicular traffic to the HTH Learning project site and to accommodate a smooth traffic flow to and from the site during peak hours. Access to the project site will be provided via two access points: a full access driveway that would connect with the south leg of the Hunte Parkway/Discovery Falls intersection, and an "Emergency Vehicle Only" access driveway to the east on Hunte Parkway. The project driveway will form a T-intersection with an extension of Discovery Falls Drive. Since Discovery Falls Drive will not be open for traffic operations south of the project driveway until such time that the University SPA Plan is implemented, only two turning movements will be provided into the project site from this Discovery Falls Drive extension. 7-8 Date, Item No.: ':f Meeting Date: 12/18/07 Page 9 of 11 A student drop-oWpick-up area is located on the eastern side of the project site. This drop- off/pick-up area would take access from the driveway connection to the extension of Discovery Falls Drive. Traffic in the drop-off/pick-up area will circulate in a one-way counterclockwise fashion in which cars park curbside to drop-off students. Parking will be prohibited within the inside curb lane of the travel way to allow for fire/emergency vehicle access. An attendant will be present during the peak drop-off /pick-up periods to keep circulation flowing and to ensure fire/emergency lane is not constricted or blocked. Lastly, to discourage mid-block pedestrian crossing on Discovery Falls Drive, parking or stopping will be prohibited on both sides of Discovery Falls Drive and Hunte Parkway in the vicinity of the project site. The Educational buildings will consist of classrooms, labs, administration offices, a dining area, and support facilities. The Environmental Research Center (ERe) will consist of specialty labs, growing centers, and other like facilities for environmentally focused research and teaching. Outdoor areas will incorporate horticulture, aquaponics, and other environmentally related activities that may be enclosed in greenhouse-like structures. Outdoor areas will also include learning patios, plazas, walkways, dining terraces, play yards with half-court basketball courts, small turf playfields, areas for drop-off and pick up, and parking for automobiles and bicycles. There are no plans for major athletic fields or facilities as athletics are not a primary component of the High Tech High Learning program. Parking Municipal Code Section 19.62 requires one parking space per teacher or employee plus 5 parking stalls for visitors for the Elementary/Middle School, and one parking space for every 4 students for the High School. Thus, the project requires 164 parking spaces based on the following: . K_8th grade (47 employees): 47 spaces (1 space per employee) + 5 spaces = 52 spaces . 9th grade (7 employees): 7 spaces (1 space per employee) + 5 spaces = 12 spaces . 10th _ 12th grade (400 students): 1 space for every 4 students = 100 spaces The project site plan provides a total of 164 parking spaces. 112 spaces will be provided for the completion of Phase One and an additional 52 spaces will be provided for the completion of Phase Two. Therefore, the proposed parking supply of 164 spaces will satisfy the on-site parking requirement in accordance with City parking standards. Hours of Operation The CUP will establish that the primary hours of operation of the proposed High School, Environmental Research Center, and Elementary/Middle School will be between 8:30 AM and 4:00 PM Monday through Friday. Specialized and limited ancillary activities (Ancillary Activities) may be offered before and after school hours and on weekends and holidays outside these operational hours, without the imposition of any additional restrictions or conditions (such Ancillary Activities were incorporated through the SANDAG traffic generation manuals to establish peak hours for traffic analysis). It is anticipated that the start and end times for each of the different schools will be staggered in the morning and afternoon in order to minimize traffic 7-9 Date, Item No.: ;J Meeting Date: 12/18/07 Page 10 of 11 congestion during peak drop-off and pick-up times. Design Review The Design Review Committee conducted a preliminary review of the design on December 18, 2006. At that meeting, the architectural team provided conceptual elevations that showed a very strong modern architectural approach to the design of the buildings. Classroom spaces or laboratories, framed by large fenestrations between classrooms, open lightweight vertical support and horizontal truss span structural systems, will reflect the fluidity and flexibility that is the trademark of the High Tech High Learning philosophy. The Committee was generally enthusiastic about the flex-space concept for the buildings and indicated that the design of the campus was going in the right direction. Since there is currently no design theme established for this area absent the University SPA Plan, both the DRC committee members and staff directed the High Tech High architecture team to try to pick up on the overall Otay Ranch themes that have already been established in the area, and to also look at some of the other high school buildings that use similar materials and themes. The Design Review application was submitted in September 2007 and it is anticipated that the project will go before the Design Review Committee at a public hearing tentatively scheduled for January 2008 for a final design approval. The Design Review Committee approval will ensure that the architectural plans provided for final review will reflect the considerations noted above. To improve energy use, the project will exceed the standard California Title-24 Energy Code by a minimum of IS percent. Measures that would be implemented to achieve certification include integrating a 50kW photovoltaic system in the roof design, imposing a minimum daylight factor of 2-percent in at least 75-percent of classrooms and regularly-occupied spaces, and installation of a Building Management System (BMS) integrating the lighting, irrigation, and mechanical system to maximize energy and water efficiency. In addition, the architectural team proposes that their buildings will be certified through the Collaborative for High Performance Schools and the latest US Green Building Council Certification known as Leadership in Energy and Environmental Design (LEED) for Schools. The project will also encourage the use of alternative modes of transportation to and from the campus by including bicycle storage and changing facilities. Similarly, the parking areas will include preferred parking for low emitting/fuel-efficient vehicles as well as preferred parking for carpools. CONCLUSION The High Tech High Learning High School and Elementary/Middle School educational facility is consistent with the Otay Ranch GDP policies, and staffrecommends that the City Council (I) adopt a resolution adopting the Mitigated Negative Declaration IS-07-014 and associated Mitigation Monitoring and Reporting Program (MMRP), (2) adopt the ordinance amending the 7-10 Date, Item No.: ::;. Meeting Date: 12/18/07 Page 11 of 11 zoning map and approving a Zone Change (PCZ-07-03) for the 10-acre project site from Planned Community (PC) to Public Quasi-Public (PQ), and (3) adopt a resolution approving Conditional Use Permit (PCC-07-024) in accordance with the findings and subject to the conditions contained therein. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is subject to this action. FISCAL IMPACT The proposed project will not have an impact on the City's General Fund, and there are no fiscal impacts to the City coming from the preparation of the reports and resolutions for these discretionary applications, as all costs are covered by their respective deposit accounts. It appears that there won't be any tax benefits from the leasing of the city owned site. As mentioned above, the City of Chula Vista owns the property and High Tech High Learning currently leases the property from the City for a nominal rate of $1 per year, but will be responsible for all costs associated with the development and maintenance of their facilities. ATTACHMENTS 1. Locator Map 2. Planning Commission Resolution PCC-07-024 3. Mitigated Negative Declaration 1S-07-014 4. Draft City Council Resolution for the Mitigated Negative Declaration 5. Draft City Council Ordinance for the Zone Change 6. Draft City Council Resolution for the Conditional Use Permit 7. Application and Disclosure Statement/Site Plan Prepared by: Harold Phelps, Associate Planner, Planning & Building Department J: \PlanningIHAROLD\PCZ-07-03 _PCC-07-024 _ CC _ Revised. doc 7-11 Birch Rd LOCATOR ~ NORTH High Tech High IS-07 -014 Vicinity Map Figure 1 7-12 At-fu.chlYlen+ 2 RESOLUTION NO. PCC-07-024 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ADOPTING THE MITIGATED NEGATIVE DECLARATION IS-07-014 AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM (MMRP), ADOPT THE ORDINANCE AMENDING THE ZONING MAP AND APPROVING ZONE CHANGE PCZ-07-03 FOR THE 10-ACRE PROJECT SITE FROM PLANNED COMMUNITY (PC) TO PUBLIC QUASI-PUBLIC (PQ), AND ADOPT A RESOLUTION APPROVING CONDITIONAL USE PERMIT PCC-07-024 IN ACCORDANCE WITH THE FINDINGS AND SUBJECT TO THE CONDITIONS CONTAINED THEREIN. WHEREAS, a duly verified application for a preliminary environmental review, zone change, and a conditional use permit was filed with the City of Chula Vista Planning and Building Department on October 17, 2006 by High Tech High Learning, ("Applicant"); and WHEREAS, the application requests permission to construct a State Chartered Public High School and Elementary/Middle School facility on a 10-acre property located at the southeast comer of Discovery Falls Drive Extension and Hunte Parkway, APN 643-070-10-00; 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-07-014) in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study the Environmental Review Coordinator has determined that the proj ect could result in significant impacts on the environment. However, revisions to the proj ect 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 (MND IS-07-014) and associated Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, the Planning Commission has considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07-014) and hereby finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07- 014) have been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City ofChula Vista; and WHEREAS, the Resource Conservation Committee (RCe) found that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (lS-07-014) were adequate and unanimously recommended adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07-014) at their November 19,2007 meeting; and 7-13 Planning Commission Resolntion PCC-07-024 Page 2 WHEREAS, the Planning Commission set the time and place for a hearing on said zone change and conditional use permit 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 Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 5:00 p.m. on December 18, 2007, in the Ken Lee Building Conference Room, 430 F Street, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the subject application. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Planning Commission hereby finds that a recommendation of approval adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07-014), a recommendation for adoption of the Ordinance (PCZ-07-03) amending the Zoning Map for the lO-acre project site from Planned Community (PC) to Public Quasi- Public (PQ), and a recommendation of approval for the Conditional Use Permit (PCC-07-024) are consistent with the City of Chula Vista General Plan and the Otay Ranch General Development Plan, as well as the Zoning Code, and all other applicable plans so that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council: (1) Adopt the attached draft resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07-014) for the High Tech High Learning State Charter Public High and ElementarylMiddle School proposal; (2) Adopt the attached draft ordinance amending the zoning map and approving Zone Change (PCZ-07-03) for the 10-acre project site from Planned Community (PC) to Public Quasi-Public (PQ); and (3) Adopt the attached draft resolution approving Conditional Use Permit (PCC-07-024) in accordance with the required findings and subject to the conditions contained therein. And that a copy of this resolution be transmitted to the owners of the property and to the City Council at the public hearing to be held subsequent to this Planning Commission public hearing on the same date. 7-14 Planning Commission Resolution PCC-07-024 Page 3 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 18th day of December, 2007 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: William C. Tripp, Chair ATTEST: Diana Vargas, Secretary J :IPLANNINGIHAROLDlREsOLUTlONSIPCC-07-024_ PC _RESO.DOC 1-15 Mitigated Negative Declaratio AAamrn-en+3 PROJECT NAME: High Tech High University Park PROJECT LOCATION: Southeast corner of Discovery Falls Rd. and Hunte Pkwy ASSESSOR'S PARCEL NO.: 643-070-10-00; 644-080-15-00; 644-080-10-00 PROJECT APPLICANT: High Tech High Learning CASE NO.: IS-07-014 DATE OF DRAFT DOCUMENT: November 1,2007 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: November 19, 2007 DATE OF PLANNING COMMISSION HEARING: December 18. 2007 DATE OF CITY COUNCIL HEARING: December 18. 2007 DATE OF FINAL DOCUMENT: December 11. 2007 Revisions made to this document subsequent to the issuance of the Notice of Availability of the draft Mitigated Negative Declaration are denoted by underline. A. Proi ect Setting The proposed lO-acre High Tech High University Park (project) site is located at the southeast corner of Hunte Parkway and Discovery Falls Drive, within the eastern portion of the City of Chula Vista (refer to Figure I). The project site consists of undeveloped lands previously used for dry farming. Topographically, the property is characterized by rolling hillsides with elevations ranging from a high of approximately 578 feet Mean Sea Level (MSL) within the northern comer of the property to a low of approximately 461 feet MSL within the southern comer of the site. The land uses surrounding the project site are as follows: North: South: East: West: Single- and multi-family Residential (Otay Ranch Village 11) Undeveloped (future University Campus) Undeveloped (future University Campus) Undeveloped (future University Campus) B. Proiect Description The proposed project consists of the development of two High Tech High public charter schools and an Environmental Research Center (ERe) on approximately 10 acres of undeveloped land located in eastern Chula Vista (refer to Figure 2). The proposed project would be constructed in two phases: Phase One consists of a 64,000 square-foot (sf) 9'h through 12'h grade high school and environmental research center that will accommodate 550 students and 36 faculty members on an approximate 8- acre parcel. Phase Two would include the addition of a 70,000 sf K-8'" grade school that will accommodate an additional 700 students and 47 faculty members on an adjacent 2-acre parcel. School phasing is summarized in Table I below. Each school building would include classrooms, specialty labs, administration offices, a commons/dining area, and supportlbuilding core facilities. 7-16 Birch Rd LOCATOR ~ NORTH High Tech High 15-07-014 Vicinity Map Figure 1 7-17 ~--=-=-=t=--+- :........:....._~- -.J I ~ 00 @ ~, en co en ----- ---.., ~ I I (" I l.-: = -==- ~ = = = -' = =" = = ~ = = =- ~"" =-" = =" = = = = =-:-=-=-=.=-=-= = =1:-=-=-= ==- =, = = =- = =- =" = = =-" == =- = =- = = =- , c- ----'~~.~.RI:;Y- ~-:-. ...7. ,-- ! / I / 7.'6 SSG I I J.J en en en It \, co :;:; \1 I~ \1, lIM]lSOF~. '. ADIN .,\"' . I \ \\ / ,LW,lTS\ Of:~.. ~~ \MPAcr \- I:.."' \ \ . \ \\ \ "-------, \ \ '\1. 'i}, \' '~~\ 5A~ l~oF\ \\;& \ \ ~ , 'L .\\ ~., \ \/} · I \ "co ' \ \ \,1 11 .;:; . ... to 1\ \ \ fi \ en en \ \ ~.( \iV\\~Lb \' ~ ~ATCH L1~ .. ro '" en , ~ ~, w.TCHLI~ "A" SEE BOTTOl.lflIGHT \ \ " I '539' " U' 'j; ,\ ;: \ \\1/ \ '" . " '-<J::::--__ 9 - -- \, II \\ --'Il- 11 537 ..- )' // '--:"~y / .:-.- l~D I BORROW AREA - U' ~ U' 1 I / SITE. PLAN Figure 2 Table 1: School Phasing Phase One School Type Grades Students Square Staff Classrooms Parking Stalls!]) Foota e High School & 9"'-12th 550!]) 50,000 36(2) 26 112 lnte rated ERC ERC Growing All 0 14,000 0 0 0 Areas Phase One 9"'-12th 550 64,000 36 26 112 Total K-8 School Pro'eet Totals Footnote: 1. 2. 3. Student population assumptions for phase one: 150 students for 9th grade; 400 students for grades lOth _ 12m Staffing assumptions for phase one: 7 staff members for 9111 grade; 29 staff members for grades lOll> _ 12111 K.91h grade = I stall per staff member plus 5 stalls for visitors to" ~ Itll grades = 1 stall per every 4 students Outside areas would include leaming patios, plazas, walkways, dining terraces, play yards including half basketball courts, green space, areas for drop off and pick-up, and parking spaces for cars and bicycles. The ERC will be highly integrated with the high school and will consist of specialty labs, outdoor growing areas, and other facilities for environmentally-focused research and teaching involving students, faculty, and visiting researchers and community members. Ancillary activities and programs including, but not limited to, fundraising, athletic, preschool, childcare, adult education, research, performing arts, and community events may take place on the campus before, during, or after regular school hours and on weekends and holidays as well. The completed project will include grading to create appropriate building pads, on-site parking, open recreational space, landscaping, lighting, sign age, pedestrian pathways, fencing, and retaining walls. Proposed lighting will consist of standard security, pathway, and parking lighting standards. The proposed project will also evaluate the use of an approximate 12-acre borrow immediately adjacent to the site that would provide 400,000 cubic yards of soils needed to create the building pads and a relatively flat campus. The overall impact area (campus, access roads, slopes, and borrow area) encompasses approximately 26 acres. Zone Change A redesignation of the 10-acre school site from Planned Communi tv (PC) zone to Public/Quasi-Public (P-O) zone is proposed in order to allow a public use within Universitv Campus area prior to the processing of the University Campus Sectional Planning Area (SPA) Plan. High Tech High University Park Case Number: 15-07-014 Page 4 7-19 Hours of Operation: The proposed schools and ERC would generally operate between 8:30 AM to 4:00 PM Monday through Friday, with limited ancillary activities offered before and after school hours and weekends and holidays as well. The start and end times for the different schools may be staggered to minimize traffic congestion during peak drop-off and pick-up times. Parking: The proposed project would meet the minimum requirements set forth in the Chula Vista Municipal Code for on-site parking for the two schools. Because the research center is an extension of the high school and will have no faculty, staff, or students independent of the schools, no additional parking is required for this facility. LEED Certification The proposed project is in the process of seeking certification through the Collaborative for High Performance Schools and the latest US Green Building Council Certification: Leadership in Energy and Environmental Design (LEED) for Schools. Measures that would be implemented to achieve certification include, but are not limited, to integrating a 50kW photovoltaic system in the roof design, imposing a minimum daylight factor of 2% in at least 75% of classrooms and regularly-occupied spaces, and installation of a Building Management System (BMS) will be integrated with the lighting, irrigation, and mechanical system to maximize energy and water efficiency. The project encourages alternative transportation by including bicycle storage and changing facilities. Similarly, parking areas would include preferred parking for low emitting/fuel-efficient vehicles as well as preferred parking for carpools, which would encourage alternative transportation options. In order to improve energy use, the project would exceed the standard California Title-24 Energy Code by a minimum of 15 percent. C. Compliance with Zoning and Plans The proposed project site is located in the P-C Zone (Planned Community/Otay Ranch University Campus) and PQ (Public/Quasi-Public) General Plan land use designation. The proposed project is consistent with the goals, objectives, and policies of the City's General Plan and Otay Ranch General Development Plan (GDP) for the establishment of educational and research institutions within this area. A redesignation of the proposed school site from PC zone to P-Q zone is proposed to allow for a public use within University Campus area prior to the processing of the University Campus Sectional Planning Area (SP A) Plan. Otay Ranch General Development Plan/Subregional Plan Program EIR The Final Program Environmental Impact Report (Program Eill. #90-01) for Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) was prepared and certified jointly by the City of Chula Vista and County of San Diego. The Program EIR 90-0 I addresses the High Tech High University Park Case Number: IS-07-014 Page 5 7-20 envirornnental impacts of implementation of the Otay Ranch GPAJGDP/SRP and related documents, which include Facility Implementation Plans, a Village Phasing Plan, Phase One Resource Management Plan (RMP), and a Service/Revenue Plan. As part of Program EIR 90-01, a Mitigation Monitoring and Reporting Program (MMRP) was prepared to define implementation of the mitigation measures described in the Program EIR. Relative to the project site, the Program EIR identified potentially significant impacts associated with agricultural resources, landform development, biological resources, and air quality with build-out of the site in accordance with the GDP. A Statement of Overriding Considerations was adopted for Program EIR #90-01 that addressed impacts to agricultural resources, landform development, biological resources, and air quality within the development area of the proposed project. Thus, the potential impacts (direct and/or cumulative) associated with agricultural resources, landform development, biological resources, and air quality within this area have been assumed, considered and approved through the adoption of the Statement of Overriding Considerations for the Otay Ranch GDP. D. Public Comments On July 13,2007, a Notice of Initial Study was circulated to property owners and residents within a 500-foot radius of the proposed project site. The notice period ended July 25, 2007. Two written comment letters were received during the public review period. The comment letters included comments pertaining to the project's exemption of school fees from Chula Vista Elementary School District, consistency with the Otay Ranch General Development Plan, biological resources, water quality, air quality, and project alternatives. The issues regarding biological resources, water quality, and air quality are addressed in the Mitigated Negative Declaration sections below. On November 7. 2007 a Notice of Availabilitv of the Proposed Mitigated Negative Declaration for the proiect was posted in the Countv Clerk's Office and circulated to propertv owners and residents within a 500-foot radius of the proiect as well as those individuals who have requested to be notified but who are located bevond the 500-foot radius. The 30-dav public comment period closed on December 7.2007. The Citv received I comment letter during the 30-dav public review period. The comment letter was submitted iointlv bv the Californian Department of Fish and Game and US Fish and Wildlife Service (Wildlife Agencies). The Wildlife Agencies expressed a concern regarding: 1) the draft mitigation language for landscaping requirements and, 2) the potential for Burrowing Owls to be present on site. The issues raised in these letters have been addressed in the Mitigated Negative Declaration and attached checklist, as well as in the attached response to comments (Attachment "B"). High Tech High University Park Case Number: IS-07-014 Page 6 7-21 E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist form) determined that although the proposed project could have a significant environmental effect, there would not be a significant effect in this case because mitigation measures described in Section F below have been added to the project. Therefore, the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section I5070 of the State CEQA Guidelines. AESTHETICS Steep Slope Analysis The Otay Ranch General Development Plan (GDP) and Resource Management Plan (RMP) established a ranch-wide standard that required preservation of at least 83 percent of the steep slopes (slopes with gradients of 25% or greater) throughout the Otay Ranch. As an implementing action of the GDPIRMP, a steep slope allocation table was provided a part of the Phase 2 RMP (Exhibit 29). Geographically, the project site is located within the University Campus planning area (formerly referred to as Otay Ranch Village 10). The original steep slope tabulation assumed that approximately I ,30 1 steep slopes acres would be impacted, and specifically allocated 55.7 acres of steep slope impact to Village 10. In November 1998, the Sectional Planning Area (SPA) One Plan revised the original steep slope allocations to Villages One, Five, Thirteen and Fifteen. Based on this reallocation, the total number of estimated steep slopes impacts in Otay Ranch was reduced to 1,281.5 acres. Overall, the SPA One revisions resulted in a net surplus of 18.8 acres of steep slope encroachment as compared to the originally forecasted GDP impact of 1,301 acres. In addition, based on a current tabulation for completed SPA plans (Villages One, Five, Six, Eleven, and the Freeway Commercial), it has been estimated that an additional 1.0 acres of steep slopes were not impacted as a part of the grading for these projects. The combination of both of these totals results in a total surplus of 19.8 (18.8 + 1.0) acres of steep slopes that can be impacted, while still maintaining the 83% slope preservation standard. The Phase 2 RMP requires that the application of the preservation standard must be reviewed and monitored as additional projects are processed within the Otay Ranch GDP Planning Area to ensure that the ranch-wide goal of steep slope preservation is maintained. The project area includes approximately .35 acres of impacted steep slopes (Steep Slope Review, RBF, September 6, 2007). This estimated impact to steep slopes within Village 10 would not exceed the RMP steep slope allocation of 55.7 acres. Therefore, implementation of the proposed project would not significantly impact the ranch-wide steep slope preservation standard. High Tech High University Park Case Number: IS-07-0 14 Page 7 7-22 Air Quality To assess potential air quality impacts of the project, an Air Quality Assessment for the High Tech High University Park, dated September 19, 2007 was prepared by RFB Consulting. The results of this analysis are summarized below. Thresholds of Significance To determine whether a project would create potential air quality impacts, the City evaluates project emissions thresholds in accordance with the South Coast Air Quality Management District (SQAMD) standards. Short-Term Emissions (Construction) As stated in the air quality assessment, all grading activities, including those for Phase II development, would occur with the development of Phase L As such, Phase II implementation consisted of construction of building facilities. Construction equipment used for grading would include graders, off-highway vehicles, and tractors. Approximately 400,000 cubic yards of earth would be moved from an adjacent borrow site in order to create building pads and a relatively flat campus. The project, as proposed, would be balanced and does not include soil hauling from off-site locations. The results of the air quality modeling for short-term construction operations are presented below in Table 2. Based on the results of the air quality assessment, the proposed project would exceed SCAQMDs thresholds for both PMIO and PM2.5 without implementation of mitigation measures during grading operations. Other project emissions associated with grading activities, including CO, ROG, NO" and SO" would not exceed SCAQMD thresholds. High Tech High University Park Case Number: 1S-07-014 Page 8 7-23 Table 2: Construction Air Emissions PHASE I Unmiti ated Emissions SeA MD Thresholds Is Threshold Exceeded? Miti ated Emissions3.4 SeA MD Thresholds Is Threshold Exceeded After Miti atioo? PHASE n Unmiti ated Emissions SCAQMD Thresholds Is Threshold Exceeded? Miti ated EmissionsJ".- seA MD Thresholds Is Threshold Exceeded After Miti tion? ROG - reactive organic gases; NOx - nitrogen oxides; CO - carbon monoxide; SOx - sulfur oxides; PM10 - particulate matter; up to 10 microns Notes; I. Emissions were calculated using the URBEMIS 2002 Computer Model, as recommended by the SOAPeD and SCAQMD. 2. Per the SCAQMD guidance, PM25 calculations were estimated using the following ratios: . 0.96 percent ofPM1o asphalt emission; . 21 percent ofPM1o fugitive dust; and . 89 percent ofPMIQ construction exhaust. ). The reductionlcredits for construction emission mitigations are based on mitigation included in the URBEMIS 2002 computer model and as typically required by the SCAQMD. The mitigation includes the following: properly maintain of mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stock piles with tarps; water all haul roads three times daily; and limit speeds on unpaved roads to 15 miles per hour. 4. Refer to Appendix A (Air Modeling Data) for assumptions used in this analysis, including quantified emissions reduction by miti ation measures. 52.78 64.94 78.22 1075.29 225.57 0.00 75 100 550 150 55 150 NO NO NO NO 52.78 64.94 78.22 123.86 28.30 0.00 75 100 550 150 55 150 NO NO NO NO NO NO 52.75 8536 118.82 3.19 2.84 0.01 75 100 550 150 55 150 NO NO NO NO NO NO 52.75 85.36 118.82 3.19 2.84 0.01 75 100 550 150 55 150 NO NO NO NO NO NO The mitigation measures contained in Section F below would reduce short-term construction related impacts to a level ofless than significant. These measures are included as a part of the Mitigation Measure Monitoring and Reporting Program. Cumulative Short-Term Emissions Other projects in the area include the Sweetwater Union High School District (SUSHD) Middle School 12 / High School 14 project, Eastern Urban Center (EUC), and the Otay Ranch Village 2 SPA Plan. Both the EUC and SUHSD projects are currently in development planning and have yet to obtain building entitlements. The Otay Ranch Village 2 SPA Plan has been approved and is currently under construction and discussed below. Mass and rough grading of the SUSHD Middle School were completed as part of initial grading activities for the Otay Ranch Village II SPA Plan development, while grading of the EUC is not expected to occur until mid to late 2008. By comparison, grading of the proposed project is expected to be complete by early 2008. Therefore, for the purposes of this evaluation, it was assumed that grading operations associated with the proposed project would not occur simultaneously with grading operations associated with either the EUC or SUSHD developments. The Otay Ranch Village 2 SPA Plan development is located approximately 1.5 miles west of the proposed project and is currently in various stages of construction including: mass, rough, and precise grading. As indicated above under the discussion of Short-term Emissions, the High Tech High University Park Case Number: [5-07-0/4 Page 9 7-24 primary pollutant of concern with regards to construction activities is PMIO. The majority of PMlO emissions are associated with fugitive dust particles, which would primarily affect sensitive receptors within the immediate area of grading operations. The air quality modeling prepared for the Otay Ranch Village 2 SPA Plan Final Environmental Impact Report (FEIR 02-02) concluded that impacts associated with construction emissions, including PMIO, would be less than significant with the incorporation of mitigation measures. Similarly, as indicated in Table 2 above, the proposed project also would not result in exceeding the SCAQMD thresholds for PMIO with the implementation of project specific mitigation measures including, but not limited to: watering of exposed surfaces three times daily; covering stock piles with tarps; watering all haul roads three times daily; and limiting speeds on unpaved roads to 15 miles per hour. Therefore, based upon the distance separating the proposed project from Otay Ranch Village 2 SPA Plan development and localized effect ofPMIO emissions, the findings and mitigation measures contained in FEIR 02-02, and the air quality analysis performed for the proposed project, the proposed project's incremental contribution to short-term cumulative construction impacts would be considered less than significant. Long-Term, Year 2010 and 2030 Emissions (Operation) For purposes of this air quality emissions analysis, operational related air quality impacts were studied for Year 2010 and 2030 buildout. Emissions were quantified based on the build out of both Phase I and Phase II. Long-term air quality impacts would consist of mobile source emissions generated from project-related traffic and from stationary source emissions generated directly from natural gas. Emissions associated with each of these sources are shown in Table 3 below. Based on the results of the air quality assessment, the proposed project would not result in significant long-term air quality impacts. Year 2010 Mobile Source Project-related motor vehicle trips Natural gas combustion, landscape maintenance Totals 29.46 22.96 223.02 017 28.90 1.82 1.05 2.75 0.00 0.Q1 31.28 24.01 225.77 0.17 28.90 28.61 55 55 550 150 150 55 No No No No No No 9.05 4.9\ 56.13 0.16 2879 1.82 1.05 2.75 0.00 0.01 Area Source seA MD Si nificance Criteria 15 Threshold Exceeded? Year 2030 Mobile Source Project~related motor vehicle trips Area Source Natural gas combustion, landscape maintenance Totals 10.87 5.96 58.88 0.16 28.80 28.51 SeA MD Si nifiunee Criteria 55 55 550 150 150 55 Is Threshold Exceeded? No No No No No No Notes 1. Mobile source emissions are based upon trip generation data supplied in the Rick Engineering Company on March 7,2007. 2. According to the SCAQMD, operational levels of PM lO, which are almost entirely mobile emissions, are composed of 99 percent of PM2S. To calculate PMn emissions a ratio of99 percent of the total PMIO emissions was used_ Therefore, the PMn emissions are not divided into area and mobile source emissions High Tech High University Park Case Number: IS-07-014 Page 10 7-25 Cumulative Long-Term Impacts Implementation of the proposed project would result in an increase in emissions, which would contribute to region-wide emissions on a cumulative basis. Based on the analysis provided, the proposed project would not result in an exceedance of criteria pollutants for long-term operational impacts. The proposed project would also be consistent with the land use designations provided in the City's General Plan. Therefore, the proposed project would result in a less than significant impact regarding cumulative impacts. CO Analysis (Hot Spots) In order to determine the potential for significant air quality impacts associated with CO emissions, an evaluation of CO hot spots was completed. This was done to determine if the proposed project emissions exceeded the acceptable regional criteria and violated the CO standard. The CO "hot spots" were based upon the findings of the project traffic study. According to the Traffic Impact Analysis, full build out of the project would warrant a CO hotspot analysis at the Olympic ParkwaylEastlake Parkway and Birch Road/Eastlake Parkway intersections. Future CO projections for these intersections were modeled using the existing lane configurations. The projected traffic volumes were then modeled using the CALINE4 dispersion model and the resultant values were added to an ambient concentration. Based on the results of the CO hot spot analysis, the surrounding intersections would not result in exceeding Federal or State CO standards; therefore, impacts would be considered less than significant. City of Chula Vista CO2 Reduction Plan In order to reduce greenhouse gas emissions, the City of Chula Vista has prepared the CO2 Reduction Plan. The CO2 Reduction Plan aims to reduce CO2 emissions to 80 percent of 1990 levels by the year 2010. As a response to the City's CO2 Reduction Plan, the proposed project is in the process of seeking certification through the Collaborative for High Performance Schools and the latest US Green Building Council Certification: LEED for Schools. In accordance with eh City's CO2 Reduction Plan and to aid in achieving LEED Certification, the proposed project includes, but is not limited to: integrating a 50kW photovoltaic system in the roof design, imposing a minimum daylight factor of 2% in at least 75% of classrooms and regularly-occupied spaces, and installation of a Building Management System (BMS) will be integrated with the lighting, irrigation, and mechanical system to maximize energy and water efficiency. The project encourages alternative transportation by including bicycle storage and changing facilities. Similarly, parking areas would include preferred parking for low emitting/fuel-efficient vehicles as well as preferred parking for carpools, which would encourage alternative transportation options. In order to improve energy use, the project would exceed the standard California Title-24 Energy Code by a minimum of 15 percent. High Tech High University Park Case Number: IS-07-014 Page 11 7-26 Global Climate Chanf!e In 1988, the United Nations established the Intergovernmental Panel on Climate Change to evaluate the impacts of global warming and to develop strategies that nations could implement to curtail global climate change. In 1992, the United States joined other countries around the world in signing the United Nations' Framework Convention on Climate Change agreement with the goal of controlling greenhouse gas emissions, including methane. As a result, the Climate Change Action Plan (CCAP) was developed to address the reduction of greenhouse gases in the United States. The CCAP consists of more than 50 voluntary programs. Additionally, the Montreal Protocol was originally signed in 1987 and substantially amended in 1990 and 1992. The Montreal Protocol stipulates that the production and consumption of compounds that deplete ozone in the stratosphere (i.e., chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform) were to be phased out by year 2000. On June I, 2005, the Governor of California signed Executive Order S-3-05, which established the following greenhouse gas emission reduction targets for the State of California: . By 2010, reduce greenhouse gas emissions to 2000 levels; . By 2020, reduce greenhouse gas emissions to 1990 levels; and . By 2050, reduce greenhouse gas emissions to 80 percent below 1990 levels. Executive Order S-3-05 also recognized the importance of preparedness in that it directed the Secretary of the California Environmental Protection Agency (CalEP A) to lead an effort to evaluate the impacts of climate change on California and to examine adaptation measures that would best prepare the state to respond to the adverse consequences of climate change. In response to S-3-05, the California Climate Action Team (CCAT) was convened, which comprised of representatives from CalEPA, CARB, Integrated Waste Management, California Energy Commission, and several other state departments. The CCAT prepared the Climate Action Team Report to Governor Schwarzenegger and the Legislature (dated March 2006), which provides an overview of scientific evidence regarding climate change as well as potential effects on California. The report also provides recommendations regarding strategies the state should pursue to reduce climate change emissions. In addition to Executive Order S-3-05, the California Legislature passed Assembly Bill 32 (Global Warming Solutions Act) (AB-32) on August 31,2006. It requires the State's global warming emissions to be reduced to 1990 levels by 2020. The reduction would be accomplished through an enforceable statewide cap on global warming emissions that would be phased in starting in 2012. Emission reductions shall include carbon sequestration projects and best management practices that are technologically feasible and cost-effective. However, AB-32 does not provide thresholds or methodologies for analyzing a project's impacts regarding global climate change. AB-32 primarily provides a timeframe for establishing plans, policies, and studies to address global climate change. High Tech High University Park Case Number: IS-07-014 Page 12 7-27 In light of legislation such as AB-32 and Executive Order S-3-05, there has been much debate regarding the analysis of global climate change in CEQA documents. As previously mentioned, although several studies are available regarding the overall impacts associated global climate change, the conclusions and predictions vary with each report. Based on the current scientific literature, on a proposed project of this size, it would be speculative to determine whether the contribution of any particular project or plans to greenhouse gas emissions and climate changes are significant. Based on an investigation of compliance with local air quality thresholds, future long-term operational impacts, incorporation of Green House Gas Reduction measures, and consistency the City's CO Reduction Program, the proposed project would still have the potential to result in emissions associated with greenhouse gases. However, there is significant uncertainty involved in making predictions of the extent of which the project operations have on greenhouse gas emissions and global climate change. Therefore, a conclusion on the significance of the environmental impact of climate change cannot be reached. Section 15145 of the CEQA Guidelines provides that, if after a thorough investigation a lead agency finds that a particular impact is too speculative for evaluation, the agency should note its conclusion and terminate discussion of the impacts. Biological Resources A Biological Resources Report and Impact Analysis was prepared by Dudek and Associates, dated May 2007, to assess the potential direct, indirect, and cumulative impacts to sensitive biological resources of the project. Biological surveys of the study area were conducted by Dudek biologist Tricia Wotipka on June 28 and November 28, 2006, to map and assess the existing vegetation and to conduct a general reconnaissance-level survey for plant and animal species recognized as sensitive by local, state, or federal wildlife agencies and/or environmental organizations. The results of the report are summarized below. The approximate 26-acre project site (campus, borrow area, slopes and access roads) consists of two altered or non-native habitat types: 24.15 acres of agriculture and 2.18 acres of disturbed land. No natural vegetation communities/habitat types including jurisdictional waters of the U.S.lState, including wetlands, were observed within the approximate 26-acre study area. The proposed project is within a development area of a Covered Project as identified in the City's MSCP Subarea Plan and as such has not been identified as a strategic preserve area within the City nor is it located within a designated conservation area; therefore, the proposed project would not impact the goals and objectives of the City's MSCP Subarea Plan. Lands adjacent to the project site include developed lands to north including Hunte Parkway and the Otay Ranch Village 11 SPA development, and undeveloped former agricultural lands to the east, south and west. The City's MSCP Subarea Preserve is located approximately 3,000 feet southeast of the project study area. On June 28, 2006, and November 28,2006, Dudek biologist Tricia L. Wotipka conducted a general biological resources assessment of the approximately 26-acre study area, which included a general wildlife and botanical survey, vegetation community mapping, and the High Tech High University Park Case Number: IS-07-0I4 Page I3 7-28 preparation of a biological resources map. The assessment was conducted on foot and the entire study area was walked to thoroughly complete the resource inventory. Soils According to Bowman (1973), the site supports two soil types within the Olivenhain series: Olivenhain cobbly loam (OhC), 2 to 9 percent slopes and Olivenhain cobbly loam, 9 to 30 percent slopes. Soils in the Olivenhain series are typically characterized by well-drained, moderately deep to deep cobbly loarns with a very cobbly clay subsoil (Bowman 1973). In many places, microrelief of broad-base low hummocks, locally called mima mounds, may be evident (Bowman 1973). Botanv -Existing Plant Communities and Floral Diversitv The majority of the site is in a highly disturbed state, which has been most likely affected by previous grading, disking, ranching, and farming activities. No jurisdictional waters of the U.S./State, including wetlands, under the jurisdiction of the U.S. Army Corps of Engineers (ACOE), the Regional Water Quality Contral Board (RWQCB), the CDFG, and the City's Wetland Protection Program (WPP) were identified within the 26-acre site. In accordance with Table 5-3 of the City's MSCP Subarea Plan, the study area supports approximately 24.15 acres of agriculture and 2.18 acres of disturbed land. These vegetation communities/land covers are graphically depicted in Figure 3 below; similarly, their acreages are presented in Table 4. Table 4: Acreages of Existing Vegetation Commnnities Vegetation Communities I\ISCPTiel" Existing Acreage Agriculture IV 24.15 Disturbed Lands IV 2.18 TOTAL 26.33 Agriculture (MSCP Tier IV) Agricultural lands refer to areas which have been under previous or current cultivation or are pastures actively grazed by livestock and contain fewer than 20 percent native plant cover. These areas contain very few native shrubs and pastures are dominated by non-native grasses, doveweed, and black mustard. Within the study area, agricultural lands occupy a majority of the site (92 percent) and is dominated by wild radish (Raphanus sativus), garland chrysanthemum (Chrysanthemum coronarium), short-podded mustard (Hirschfeldia incana), black mustard (Brassica nigra), ripgut brame (Bromus diandrus), and foxtail chess (Bromus madritensis). High Tech High University Park Case Number: 15-07-014 Page 14 7-29 I ~r. r' :--/ '_ / . ,<..1 ',I ~1:"*~ A~~; ~---... :"-3.-"'~_j, 1.__._1 Project Site _c.~l~~~ ~-"~j<,',~l~ CJ AGR: Agriculture ~,__~ CJ DL: Disturbed Land ~r~,t1, -, '-:1-.'/ -""~'(l~..:ri." "<':," '-:~'ffet~ ~-" ~~-- ~~" : -.;..-; .- / , . ,// :,~/ .&* A~ ...~". '-~'~' =,// .-/' ~ -- .../ ". J', / ../.> .,/'" // .AJ/ Legend ~, ./ /' - ~~' ,. -' j;&j,o' ~~? <'~ J': " ',", rlGURE I Biological Resources Map 3 7-30 Disturbed Land (M5CP Tier IV) Disturbed land refers to areas where persistent mechanical disturbance has resulted in severely limited natural vegetation growth. Disturbed land can include dirt roads, abandoned pads, unvegetated, manufactured slopes, and other man-made land covers. Within the study area, disturbed land refers to the sparsely vegetated, 2:1 manufactured slope along Hunte Parkway. Implementation of the proposed project would result in direct, permanent impacts to approximately 26 acres of non-native plant communities/land covers, including 24.15 acres of agriculture and 2.18 acres of disturbed land. Impacts to Tier IV habitat are not considered significant in accordance with the City's MSCP Subarea Plan. Consequently, mitigation for direct impacts to Tier IV habitat is not required. Sensitive Biological Resources Sensitive Vegetation Communities No natural and/or sensitive vegetation communities, including wetlands and non-wetland waters of the U.S.lState, were identified within the 26-acre study area. Agriculture and disturbed land are considered non-native Tier IV land covers in accordance with the City's MSCP Subarea Plan and as such have very little to no biological value. The proposed project would not result in direct impacts to sensitive vegetation communities and; therefore, impacts are considered less than significant. Sensitive Plants No state- or federally-listed endangered or threatened species or species considered sensitive by the California Native Plant Society (CNPS) were observed within the study area and due to the extent of disturbance present, none are expected to occur. Therefore, direct impacts to sensitive plant species are considered less than significant. The City's MSCP Subarea Plan Preserve is located approximately 3,000 feet southeast of the project study area. Although the City's MSCP Preserve is not immediately adjacent to the project site, implementation of the proposed project has the potential to indirectly impact off- site, native vegetation communities due to the introduction of invasive non-native species on the project site. Implementation of the mitigation measures contained in Section F below would reduce potential indirect impacts to adjacent biological resources to a level of less than significant. Sensitive Wildlife No state- or federally-listed threatened or endangered animal species, or evidence of nesting birds (i.e., nest building, territorial defense, transport of nesting material or food for young, etc.) was identified during the spring general reconnaissance. Given the extent of disturbance High Tech High University Park Case Number: 15-07-014 Page 16 7-31 over the proiect site, the potential for sensitive wildlife species to nest within the studv area is considered low. However. Burrowinll Owls are known to occur in the vicini tv and can nest in burrows found on aericultural and disturbed land. Impacts to this species would be considered sillllificant.survey and, due to the m(te[lt of disturbance, se[lsitive wildlife species are not expected to [lest '.vitllin thc sttid)' area. In addition, the study area has a moderate potential to provide foraging habitat for the following avian species: white-tailed kite (Elan us leucurus), a USFWS Migratory Nongame Birds of Management Concern (MNBMC), and the loggerhead shrike (Lanius ludovicianus), a California Species of Concern (CSC). Implementation of the mitigation measures contained in Section F below would reduce potential impacts to sensitive wildlife species to a level of less than significant. Habitat Linkages Wildlife corridors are linear features that connect large patches of natural open space and provide avenues for the immigration and emigration of animals. Salt Creek, which is located off site approximately 3,000 feet southeast of the study area, is the only biological resource in the project vicinity that may serve as a wildlife movement corridor. The study area itself is not located within a movement corridor and is not expected to aid in the movement of wildlife species because of its close proximity to other disturbed and developed sites. The study area does not function as a habitat linkage or wildlife corridor; therefore, impacts are considered less than significant. Regional Conservation - Cumulative Impacts The cumulative assessment of biological resources impacts relies on the Chula Vista's adopted MSCP Subarea Plan. Preservation of the region's biological resources is addressed through the implementation of regional habitat plans. Impacts to biological resources in Chula Vista are managed through the Chula Vista MSCP Subarea Plan, which incorporates the atay Ranch Resource Management Plan (RMP). Implementation of the City's MSCP Subarea Plan contributes significant habitat conservation both within the Chula Vista Subarea and within the Chula Vista MSCP Planning Area in the unincorporated County Multi-Habitat Planning Area (MHPA). The City's MSCP Subarea Plan designates the entire project area as a development area within a Covered Project (i.e., atay Ranch). A Covered Project refers to those projects within Chula Vista for which hard-line Preserve boundaries have been established pursuant to the Subarea Plan and where conservation measures consistent with the MSCP Subregional Plan and the City's Subarea Plan have been or will be specified as binding conditions of approval in the proposed project plans. In addition to the City's MSCP Subarea Plan, the atay Ranch area is governed by several planning documents that are relevant to biological resources within the study area. They include the atay Ranch General Development Plan! Subregional Plan (GDP/SRP) and the atay Ranch RMP. The atay Ranch Resource Management Plan (RMP) further defines how High Tech High University Park Case Number: IS-07-014 Page 17 7-32 open space is to be conserved and managed for biological resource value and constitutes the California Environmental Quality Act (CEQA) mitigation for biological impacts associated with development. Compliance relies on progressive acquisition of the designated Otay Ranch Preserve areas to occur with each development approval. In accordance with the City's MSCP Subarea Plan and Otay Ranch RMP, the proposed project is considered a "common use" facility. Common use areas include, but are not limited to, local parks and public schools and are distinguished from other beneficial uses because of their widespread benefit to the region. Pursuant to the Otay Ranch RMP, common use areas have been assumed with regards to preserve assembly and are not subject to conveyance obligations pursuant to the Otay Ranch RMP; therefore, the proposed project would not impact the goals and objectives of the City's approved Subarea Plan and supporting Otay RanchRMP. A Statement of Overriding Considerations was adopted for the Otay Ranch GDP in October 1993 that addressed impacts to biological resources, which included the loss of potential foraging habitat within the development area of the proposed project. Thus, the loss of potential foraging habitat within this area has been assumed, considered and approved through the adoption of the Statement of Overriding Considerations (SOC) for the Otay Ranch GDP. The construction of the proposed project would not result in any new significant cumulative impacts that were not contemplated in the SOCs nor increase the severity of any identified impacts in EIR 90-01. Cultural / Paleontolol!ical Resources Cultural Resources An archeological survey and significance evaluation of the project site (and adjacent borrow area) was conducted by Brian F. Smith and Associates (Archeological Assessment for the High Tech High Chula Vista Project, December 6, 2006, revised Aprilll, 2007). The results of the archeological survey and significance evaluation are summarized below. A copy of the archeological assessment is available for review at the City's Planning and Building Department. One previously unrecorded prehistoric site, SDI-18-136, was discovered during the archeological survey. A testing program was conducted in order to determine the significance of the newly discovered resource. The testing program sufficiently documented the resource, consisting of a minimal marine shell scatter, and has subsequently exhausted any research potential. Therefore, the significance evaluation conducted for SDI-18-l36 determined that the site is not significant according to criteria specified in State CEQA Guidelines, Section 15064.5. Impacts to this site resulting from project implementation would be considered less than significant and no mitigation measures are required. As noted in the archeological survey, a moderate potential still exists for additional unrecorded sites to be discovered during initial grading operations. Therefore, to ensure that impacts to potentially significant archeological resources are mitigated to less than High Tech High University Park Case Number: IS.07.0/4 PagelS 7-33 significant, an archeological monitor shall be present during all cutting of previously undisturbed soil. Implementation of the mitigation measures contained in Section F below would reduce potential impacts to significant archeological resources to a level of less than significant. Paleontological Resources In accordance with Appendix G of the CEQA Guidelines, impacts to paleontological resources would be significant if the proposed project directly or indirectly destroys a unique paleontological resource or site or unique geologic feature. Grading for the proposed project would not impact any known paleontological resources; however, grading activities have the potential to impact fossils that are potentially buried in the underlying formations. The occurrence of fossils within the covered bedrock cannot be evaluated prior to exposure. Areas of the Otay Formation with accumulations of colluvial and alluvial deposits in the drainage course bottoms may be exposed during grading and construction activities. The proposed grading of the Otay Formation sandstone would move material with high sensitivity for paleontological resources. Exposure of these formations could result in the unearthing of fossil remains, which could damage the fossils if they were not recovered and salvaged. Destruction of the paleontological resources from these formations would be a direct, potentially significant impact. The mitigation measures contained in Section F below would mitigate potentially significant impacts to paleontological resources below a level of significance. Geolol!Y and Soils In order to assess the potential geological and soils impact of the proposed project and the associated off-site borrow area, a Geotechnical Investigation was prepared by GEOCON, Inc. (Geotechnical Investigation, High Tech High Chula Vista, GEOCON Incorporated, February 13,2007). The results ofthis investigation are summarized below. Soil conditions encountered during the geotechnical investigation included surficial deposits comprised of compacted fill, topsoil, and colluvium. The geologic units include Tertiary-age Otay Formation sandstone and mud stone members, Otay Formation bentonite member and the Otay Formation gritstone member. Soils Development of the proposed project would result in a high school/middle school campus with associated play yards, landscaping, parking, and access roads. Grading activities, which remove the existing vegetative cover, would expose soils to runoff and erosion. The soils contained in the project area have severe erosion susceptibility, resulting in a potentially significant erosion impact. Construction on liquefiable soils within drainages could result in injuries or loss of property during ground shaking of sufficient magnitude and duration. Expansive soils within pavement, foundation, or slab sub grade could heave when wetted, High Tech High University Park Case Number: 15-07-014 Page 19 7-34 resulting in cracking or failure of these development improvements. Development on compressible soils could potentially settle under increased load and damage structures, roads, and property. Surficial soils (compacted fill, colluvium, and topsoil) are not considered suitable for the support of fill or structural loads in their present condition. No additional soil or geologic conditions were encountered or identified as part of the site-specific geotechnical investigation that would preclude the development of the project as proposed, provided the recommendations contained in the Geotechnical Investigation Report (Geotechnical Investigation, High Tech High Chula Vista, GEOCON Incorporated, February 13, 2007) are followed. The potential discharge of silt during construction activities could result in siltation impacts downstream. Appropriate erosion control measures would be identified in conjunction with the preparation of final grading plans and would be implemented during construction. The implementation of appropriate water quality best management practices (BMPs) during construction would be required in accordance with the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP) and the City's Storm Water Management Standards Manual. All portions of the development area disturbed during construction would either be developed or would be appropriately landscaped in compliance with the Chula Vista Municipal Code, Sections 19.36.090 and 19.36.110. Compliance with the above requirements would be ensured by the City Engineer prior to the issuance of grading permits for the proposed project and during construction. Therefore, the potential for the discharge of silt into the drainage system would be less than significant. Groundwater Groundwater was not encountered during the geoteclmical exploration of the site. Dependent of the time of year grading is performed, perched water conditions may develop within the westerly drainage possibly requiring some dewatering to facilitate removal of the colluvium. A subsurface drainage system should be installed at the base of the canyon cleanout to preclude the build up of water within fill materials. Groundwater is not expected to adversely impact the development of the property as proposed, provided the recommendations contained in the Geotechnical Investigation Report are followed. Seismicity Based on the Geotechnical reconnaissance, evidence obtained in the exploratory borings and trenches, and a review of geologic maps, reports, and aerial photographs, the project site is not located on any known active, potentially active, or inactive fault traces as defined by the California Geological Survey (CGS). The CGS considers a fault seismically active when evidence suggests seismic activity within the last I 1,000 years. Based on a review of available geologic data and published reports the project is not located within a State of California Earthquake Fault Zone. High Tech High University Park Case Number: /5-07-014 Page 20 7-35 The potentially active La Nacion Fault is located approximately 3 miles west of the project site. The site could be subject to moderate to sever ground shaking in the event of a major earthquake along this fault However, as stated in the Geotechnical report, no geologic conditions exist (including the La Nacion Fault) that would preclude the development of the property provided that the recommendations of the Geotechnical investigation are implemented. Therefore, impacts associated with seismicity/ground shaking are not expected to adversely impact the development of the property as proposed, provided the recommendations contained in the Geotechnical Investigation Report are followed. Liquefaction Liquefaction is generally limited to granular soil deposits located below the groundwater table which are relatively loose, unconsolidated condition that are subjected to ground accelerations from a large earthquake. Due to the dense nature of the underlying formational soils, remedial grading recommendations and the lack of near-surface ground water table, the potential for liquefaction at the site is considered less than significant. Tsunamis, Seiches, and Earthquake-Induced Flooding Tsunamis, seiches, and earthquake-induced flooding are not expected to occur on the project site given its distance inland and elevation above the Otay Reservoirs. A final soils report is required to be prepared to the satisfaction of the City Engineer, prior to the issuance of grading and construction permits. Erosion control measures will be identified in conjunction with the preparation of the grading plans and implemented during the construction phase. Implementation of project-specific design mll1gation measures as described in the geotechnical investigation (Geotechnical Investigation, High Tech High Chula Vista, GEOCON Incorporated, February 13, 2007) would be required to reduce or avoid significant impacts resulting from compressible and expansive soils. Potential impacts resulting from geologic hazards would be reduced below a level of significance through implementation of the project design recommendations contained in the Geotechnical investigation (Geotechnical Investigation, High Tech High Chula Vista, GEOCON Incorporated, February 13, 2007), compliance with the City's Building Code, California State building codes (e.g., Title 24 of the California Code of Regulations, and the UBC), standard practices of the Association of Structural Engineers of California, and the mitigation measures contained in Section F below. These measures are included as a part of the Mitigation Measure Monitoring and Reporting Program. Hazards and Hazardous Materials A Phase I Environmental Site Assessment (ESA) was prepared by Dudek and Associates (dated May 2007) to assess the potential for hazardous materials to be located on the project site. The Phase I ESA was prepared in accordance with the guidelines stipulated in the High Tech High University Park Case Number: 15-07-014 Page 21 7-36 American Society for Testing and Materials Standard E-1527-05. The results of the Phase I ESA are summarized bellow. Information obtained during the Phase I ESA indicated that the project site and surrounding areas have been used for dry farming and potentially irrigated farming, as well as cattle and sheep grazing. Pesticides may have been used during agricultural activity on irrigated parts of Otay Ranch after 1950. Previous environmental investigations on nearby portions of Otay Ranch detected levels of arsenic and organochlorine pesticides that exceed the United States Environmental Protection Agency's (USEPAs) preliminary remediation goals (PRGs). The Phase I ESA prepared for the proposed project reveled no evidence or recognized environmental conditions in connection with the project site except for the historical agricultural activities. The results of the Phase I ESA could not confirm the use of pesticides on the project site and associated borrow area and, therefore, recommended a Phase II ESA be conducted to further evaluate the site for the presence of excessive levels of arsenic and organochlorine pesticides. A Phase II ESA was prepared by Dudek and Associates (dated July 2007) to further assess the potential for hazardous materials to be located on the project site. The results of the Phase II ESA are summarized bellow. As stated in the Phase II ESA, IS soil samples were collected at IS locations on the project site (and associated borrow area) for arsenic and organochlorine pesticides analysis. The results of the soil analysis indicated that the concentration levels for organochlorine pesticides were less than CaVEPA California Health Screening Levels (CHSLs). Additionally, as stated in the Phase II ESA, three soil samples representing the highest concentrations of organochlorine pesticides were also tested for organophosphorus pesticides. The results of which indicated that the organophosphorus concentrations for all three samples were below laboratory detection limits. As previously stated, the soil samples were also analyzed for excessive levels arsenic. The results indicated that, although the soil samples had detectible concentrations of arsenic, the concentrations were within the range of naturally occurring arsenic concentrations in Southern California including areas within the immediate vicinity of the project site. Based on the results of the Phase II ESA, no further action is required; therefore, impacts associated with hazardous materials are considered less than significant and no mitigation is required. Hvdrolol?:V and Water Quality In order to assess potential impacts to Hydrology and Water Quality, a Preliminary Drainage Study and Water Quality Technical Report were prepared by RBF Consulting August 10, 2007 and September II, 2007, respectively. The results of those analyses are summarized below. High Tech High University Park Case Number: IS-07-014 Page 22 7-37 Existing Conditions The project site consists of undeveloped, former farmlands, with no eXlstmg drainage improvements. Runoff from the undeveloped site currently drains to one of two tributary canyons of Salt Creek. The existing receiving tributaries are devoid of vibrant vegetation and generally devoid of dry weather runoff. The western portion of the project site, south of the existing grading of Hunte Parkway, drains to a valley tributary of Salt Creek. This tributary merges with Salt Creek just upstream of the confluence with Otay River. The eastern portion of the project site drains to tributary of Salt Creek and then to a regional water quality basin constructed as part of the Otay Ranch Village 11 SPA Plan development. The most immediate receiving waters for the project site are the unnamed tributaries to Salt Creek. Once flow reaches Salt Creek, the runoff progresses in a southerly direction to the Otay River and then westerly, via the Otay River, to San Diego Bay. According to the California 303(d) list published by the San Diego Regional Water Quality Control Board (R WQCB Region 9), none of the receiving waters for the site are impaired for any pollutants. Additionally, no Federal Emergency Management Agency (FEMA) Special Flood Hazard Areas (SFHAs) have been mapped on the project site. Hydrologic Effect of the Project As stated in the preliminary drainage report, development of the project will increase impervious areas and overall drainage area to the western receiving tributary. Based on the preliminary site design, all runoff from the development footprint of the two schools would discharge to the western tributary via storm drain conveyance system. Grading of the borrow site located to the south and east of the site will be performed such that runoff from the borrow area will maintain existing flow patterns. To moderate the increase in flow resulting from site development, a detention basin has been proposed within the multi-purposed field area. The detention basin has been designed to attenuate the 2, 10, and 100-year developed design flows to pre-development peak flows to the western tributary. In addition, an energy dissipation devise will be installed at the proposed storm drain outfall to reduce the effects of concentrated flows. Based on the results of the preliminary drainage study, the hydrological effects ofthe project are concidered to be less than significant. On-Site Improvements Permanent Treatment, Site Design, and Source Control BMPs shall be included as part of the project in accordance with the City of Chula Vista SUSMP requirements and the Water Quality Technical Report for the High Tech High (RBF Consulting, September 11,2007). The facilities proposed to manage runoff and water quality from the site include, but are not limited to: grading of pads to direct runoff away from structures, storm drain systems to direct on-site runoff to appropriate outfall locations, rip rap systems, vegetated swales (including use of the play field), detention basin, and sub-drains to be installed at all canyon fill areas. High Tech High University Park Case Number.. 15-07-014 Page 23 7-38 In accordance with the City's Standard Urban Stormwater Mitigation Plan (SUSMP) and RWQCBs new NPDES permit adopted January 24, 2007, the project is also required to implement Low Impact Development (LID) design features. Features included in the site design to minimize the transfer to off-site facilities and maximize on-site treatment include, but are not limited to, the following: . Discharge of roof runoff to landscape areas and not directly to storm drains. This includes minimizing the amount of roof gutters to reduce concentrated roof flows. . Sheet flow of parking lot drainage to landscape areas to maximize contact with landscaping before runoff enters the storm drains. This will result in increased infiltration and treatment. . Use of vegetated swales to convey runoff from parking areas. This will increase infiltration and treatment of runoff before excess runoff enters storm drains. . On-site detention facility and sheet flow of runoff across landscaped playing field areas. Flow from the detention facility is regulated to attenuate the peak 100, 10, and 2-year flows to pre-development flow conditions. . Use of decomposed granite for future pad areas of the Environmental Research Center instead of concrete pavement in order to minimize the quantity of runoff from the site. Temporary Construction Improvements Best Management Practices (BMPs) to prevent, reduce, or treat water pollutants will be implemented during the constructing phase of the project and include, but are not limited to, vegetation stabilization (hydroseeding), desilting basins, silt fencing, straw wattles, gravel bags, storm drain inlet protection, construction ingress/egress stabilization, spill prevention control, and employees and subcontractor training. The project applicant shall obtain an NPDES Permit for Construction Activity from SWRCB. Adherence to all conditions of the General Permit for Construction Activity is required. The applicant shall be required under the SWRCB General Construction Permit to develop a SWPPP and a Monitoring program Plan. The SWPPP shall specify both construction and post-construction structural and non-structural pollution prevention measures. The SWPPP shall also address operation and maintenance of post-construction pollution prevention measures, including short-term and long-term funding sources and the party or parties that will be responsible for the implementation of said measures. In addition, the applicant must provide to the satisfaction of the City Engineer verification that a complete and accurate Notice-of-Intent (NOI) has been filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a NO! has been received for this project shall be filed with the City ofChula Vista when received. Further, a copy of the completed High Tech High University Park Case Number: 15-07-014 Page 24 7-39 NO! from the SWRCB showing the Pel1I1it Number for this project shall be filed with the City of Chula Yista when received. As a standard condition of approval, 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 significance level. These measures are included as a part of the Mitigation Monitoring and Reporting Program (See Section F). Noise To assess the potential noise impacts of the project, an acoustical impact analysis was prepared by RBF Consulting, Acoustical Assessment for the High Tech High University Park, dated October 30, 2007 a copy of which is available for review at the Planning and Building Department. The results of this analysis are summarized below. Noise Standards The acoustical analysis assessed the project with respect to the regulations contained in Chapter 19.68, Perfol1I1ance Standards and Noise Control, of the Chula Vista Municipal Code (noise control ordinance) and the noise element of the Chula Yista General Plan. Pursuant to the noise control ordinance, no person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person which exceeds the established noise level limits (CYMC S 19.68.030(A)(4)). The noise level limits of the noise control ordinance vary by receiving land use category and time of day (daytime versus nighttime). Per Section 19.68.030 (B)(4) of the noise control ordinance, if the ambient noise level exceeds the established noise level limit, then the allowable noise exposure standard shall be the ambient noise level. The existing and potential future noise-sensitive uses adjacent to the project site potentially affected by project-generated noise consist of single-, and multi-family residential units to the north. For the evaluation of potential off-site receivers due to on-site noise sources, the City noise ordinance allows the facility to make hourly average noise levels of up to 55 dBA Leq (60 dBA Leq for multi-family) or the ambient, whichever is higher, during the daytime hours at the residential property line. When evaluating the potential noise impacts to on-site receivers due to off-site sources (i.e., traffic), for this project the City has specified a land use compatibility noise standard of 65 community noise equivalent level (CNEL) for on-site outdoor use areas and 70 CNEL for the outdoor activity court (basketball court). Existing Conditions Ambient noise levels were measured during daytime hours at three locations in order to ascertain the typical worst-case existing sound levels. The hourly average sound level (Leq) recorded over the monitoring period ranged from 68.3 dBA Leq near the intersection of High Tech High University Park Case Number: 15-07-014 Page 25 7-40 Olympic Parkway and Exploration Falls Drive to 46.9 dBA Leq near the intersection of Hunte Parkway and Olympic Parkway. By comparison, the existing ambient noise measurement collected at the project site was 47.5 dBA Leq. On-Site Noise Levels Phase I Development Based on a review of the preliminary site plans for Phase I, the nearest on-site sensitive noise receptors to Hunte Parkway include the out door activity court (basketball court) and north facing building fa<yades. As stated in the acoustical assessment, noise levels (under full build out conditions) noise levels at these locations would be approximately 65.3 dBA CNEL. As previously stated, the applicable noise threshold for the basketball court area would be 70 dBA CNEL; therefore, noise levels at the basketball court would be consistent with the City of Chula Vista noise standards and considered less than significant. The north-facing building facades are also located within the 65 dBA CNEL noise contour and as such would be subject to applicable requirements of the California Uniform Building Code (UBC) that establishes a 45 dBA CNEL interior noise threshold for sensitive indoor receptors. Standard construction practices typically provide an outdoor to indoor attenuation rate of approximately 20 dBA. As previously discussed, the project would exceed the standard California Title-24 Energy Code by a minimum of 15 percent. Therefore, interior noise levels with buildings associated with Phase I development would be reduced to a level of less than significant though the use of industry standard construction materials and techniques consistent with the UBC. Compliance with UBC is required for all projects and is verified through the City's development plan check process prior to issuance of building permits. Phase II Development Preliminary site plans for Phase II are currently not available and the exact building locations and sensitive outdoor uses such as play areas have not yet been determined. As indicated in the analysis for Phase I, at 230 feet from the Hunte Parkway roadway centerline, noise levels would be slightly above 65 dBA CNEL. Therefore, a potently significant impact would occur if future buildings and/or outdoor use areas were proposed within 230 feet of the roadway centerline. Prior to the issuance of building design permits for Phase II construction, the applicant shall be required to prepare, to the satisfaction the Environmental Review Coordinator, a subsequent acoustical assessment permits to ensure that sensitive outdoor uses would not be exposed to noise levels exceeding 65 dBA CNEL. This mitigation measure is included as a part of the Mitigation Monitoring and Reporting Program (See Section F). Implementation of the mitigation measures contained in Section F of this MND would reduce potential noise impacts to a level ofless than significant. High Tech High University Park Case Number: 15-07-014 Page 26 7-41 Stationary Noise Sources Potentially significant stationary noise sources associated with the school operations and development activities consist of rooftop air conditioners (HV AC) or equipment and school operations/activities. A summary of the analysis of estimated noise generated by these stationary sources is as follows: HVAC/Roofmounted Equipment The proposed project would require the use of heating, ventilation, and air conditioning units (HV AC) at the school building, the location, type, number of units, and unit specifications of which are currently not available. Noise levels from the mechanical equipment would be minimized by orienting equipment away from any identified sensitive receptors, proper selection of equipment, shielding, and proper installation. Impacts associated with roof mounted HV AC equipment are anticipated to be less than significant. However, upon completion of final site plans including mechanical design, the applicant shall be required to submit a supplemental noise analyses and mechanical plans for each phase subject to review the City Environmental Review Coordinator prior to issuance of building permits for each respective phase. Upon review of supplemental noise analysis, if it is determined that there are potential noise impacts created by the HV AC or other mechanical equipment, then applicable mitigation measures shall be developed to ensure these impacts are reduced to a level of less than significant. The applicant shall be required to be in compliance with applicable mitigation measures identified in the updated noise analysis. This mitigation measure is included as a part of the Mitigation Monitoring and Reporting Program (See Section F). Public Address (PA) System and Bell Signal System Typical noise sources generated from school facilities and sports events include public address systems and bell signal systems that are essential to a school facility. The City of Chula Vista Noise Ordinance, Section 19.68.050, regulates these signaling devices. Limiting the operation cycle or sounding of these devices to no more than two minutes continually in any 60-minute period or intermittent sounding over a five-minute period in any hour. Currently, the project proposal does not include the use of P A and/or bell system. However, in the event that such a system is proposed, the applicant shall be required to submit a supplemental noise analysis based on final site designs and to the satisfaction of the Environmental Review Coordinator, to verify conformance with Chula Vista Noise Ordinance, Section 19.68.050. Upon review of supplemental noise analysis, if it is determined that there are potential noise impacts created by the P A system or bell signal system, then applicable mitigation measures shall be developed to ensure these impacts are lessened to a level of less than significant. The applicant shall be required to be in compliance with applicable mitigation measures identified in the updated noise analysis. This mitigation measure is contained in Section F below. High Tech High University Park Case Number: IS-07-014 Page 27 7-42 School Operations/Activities The acoustical assessment prepared by RBF also included an evaluation of other potential noise generating operations and/or activates including routine landscape maintenance, ancillary activities (outdoor activity court, pre-school, adult education, etc.), and parking lot activities (parking lot traffic, car door slamming, conversations). As detailed in the acoustical assessment, noise associated with operational activities would not exceed the City's applicable noise standards; therefore, impacts associated with school operations/activities are considered less than significant. Short-term Construction Activities A variety of noise-generating equipment would be used during the construction phase of the project. Construction equipment utilized during development may include scrapers dump trucks, loaders, jackhammers, and concrete mixers, along with others. Construction activities are exempt from the exterior noise standards specified in Chapter 19.68 as discussed in Section 19.68.060 of the City's Municipal Code. However, construction noise has the potential to be a nuisance in existing residential areas in the vicinity of the project site. Pursuant to the Chula Vista Municipal Code Section 17.24.050 (Paragraph J), construction is prohibited Monday through Friday from 10:00 P.M. to 7:00 A.M., and from 10:00 P.M. to 8:00 A.M. on Saturdays and Sundays. Compliance with this regulation will ensure that construction noise does not cause a significant nuisance noise impact. Although construction noise is exempt from the levels specified in Section 19.68.040, potential construction noise levels were estimated for assessment of potential impacts to on- site receivers (e.g., classrooms) during the development of Phase II. Cumulative worst-case levels associated with construction equipment were calculated for the closest sensitive on-site receptors (i.e., classrooms/school buildings) during the construction of Phase II. The City does not have fixed operation standards for these types of construction activities, however, assessment is discussed below. Noise produced by construction equipment varies substantially, depending upon the type of equipment being used and its operation and maintenance. Construction noise is generally of relatively short duration, lasting from a few days to a period of months. Noise impacts associated with construction activities would typically occur in several distinct phases, each with its own noise characteristics. The first phase, site preparation, is generally the noisiest and has the shortest duration. Activities that occur during this phase include earth-moving and compacting of soils. High noise levels are created during this phase from the operation of heavy-duty trucks, backhoes, and front-end loaders. The majority of this type of construction will occur during the development of Phase 1. High Tech High University Park Case Number: IS-07-014 Page 28 7-43 As stated in the acoustical impact report, a reasonable worst-case evaluation assumed that the three loudest pieces of equipment would operate simultaneously and continuously over at least one hour within a focused area of 15 yards of each other. The combined sound level of three of the loudest pieces of equipment (scraper, bulldozer, and heavy truck) is 92 dBA measured at 50 feet from the noise source. These estimations of noise levels take into account distance to receptor attenuation, attenuation from molecular absorption, and anomalous excess attenuation. Construction activities associated with Phase II development has the potential to adversely affect noise-sensitive uses such as classrooms and other school buildings. As such, these noise levels are considered to represent a potentially significant impact. Although the City does not regulate construction noise during the day it should be noted that if noise levels are found to be excessive enough to disrupt classroom activities, or impact students or teachers in the classrooms, onsite temporary noise barriers or other noise abatement measures shall be implemented on a case-by-case basis to provide adequate attenuation to the affected phased areas. The project would be required to limit construction hours, place mufflers on equipment engines, and orient stationary sources to direct noise away from sensitive uses. These measures are included as a part of the Mitigation Monitoring and Reporting Program (See Section F). Thus, construction-related impacts would be less than significant. T ran s po rta tio nrrraffic A Traffic Impact Analysis was prepared by Rick Engineering Company (dated May 1,2007) in order to identify potential traffic impacts associated with the development of the proposed project. The results ofthe traffic impact analysis are summarized below. Intersection and Roadwav Segment Analvsis Methodologv The project driveways, nearby intersections and roadways were analyzed under the following scenanos: . Near Term (2010) No Project . Near Term (2010) with Phase I Project . . Near Term (2010) with Phase I + Phase II Project . Long Term (2030) No Project . Long Term (2030) with Phase I + Phase II Project The level of service for roadway operations was calculated based on the City's Average Daily Trip Table for each roadway classification (Table B-1, Page 6 of the City ofChula Vita Traffic Impact Study Manual). The level of signalized intersections was calculated using the methodologies described in Chapter 16 of the 2000 Highway Capacity Manual (HCM). The level if service for signalized intersections is defined in terms of average control delay, which is made up of a number of High Tech High University Park Case Number: 15-07-014 Page 29 7-44 factors that relate to right-of-way control, geometries, traffic controls, and incidents. The signalized intersection analysis also takes into account intersection spacing and coordination. The cycle lengths were optimized to complete the intersection LOS analysis. Significance Criteria The City's "Guidelines for Traffic Impact Studies" was utilized for the basis of determining potential impacts, both project specific or cumulative, to freeway segments, roadway segments, and intersections. Existing Conditions The project site is located on the south side of Hunte Parkway, east of the future extension of Discovery Falls Drive. Public access to the site will be provided via one driveway off of the future extension of Discovery Falls Drive. A dedicated emergency access will be provided off of Hunte Parkway. Currently, all roadway segments and intersections within the study area operate at an acceptable level of service in accordance with City threshold standards. Proiect Trip Generation Phase I of the project would generate 1,100 daily trips with 220 (154 inbound and 66 outbound) trips during the a.m. peak-hour and 110 (44 inbound and 66 outbound) trips during p.m. peak-hour. The Phase II portion of the project would generate 1,331 daily trips with 416 (250 inbound and 166 outbound) trips during the a.m. peak-hour and 120 (48 inbound and 72 outbound) trips during p.m. peak-hour. The entire project (Phase I + Phase II) would generate a total of 2,431 daily trips with 636 (404 inbound and 232 outbound) trips during the a.m. peak-hour and 230 (92 inbound and 138 outbound) trips during p.m. peak-hour. Near Term (2010) Condition Based on the information provided in the draft SUHSD Middle School 12/High School 14 traffic impact study prepared by Katz, Okitsu and Associates dated October 2006, turning movement volumes at some of the study intersections (common intersections with Katz, Okitsu and Associates traffic study) for Near-Term (2010) Condition were formulated. The turning movement volumes at the remaining study intersections were based on a comparison of traffic forecasts from the City's tollway model and traffic forecasts obtained from Linscott, Law and Greenspan Engineers staff for a freeway. Traffic volumes were reduced/adjusted to represent future forecasts for the toll condition at the remaining intersections. Based on the modeling results for Near-Term (2010) No Project conditions, all of the study intersections and roadway segments are expected to operate at acceptable levels of service. Under Near-Term (2010) + Phase I Project Conditions, significant impacts would occur without improvements to the intersection of Discovery Falls Drive at Hunte Parkway. The High Tech High University Park Case Number: 15-07-014 Page 30 7-45 following intersection improvements are necessary to reduce potential traffic impacts to a level ofless than significant: . Installation of fully activated traffic signals at the intersection of Hunte Parkway at Discovery Falls. Install a westbound left turn pocket on Hunte Parkway at Discovery Falls Install a northbound left turn pocket on Discovery Falls at Hunte Parkway Install a southbound left turn pocket on Discovery Falls at the Project Driveway Install a one lane inbound and two lanes outbound at the Project Driveway . . . . Similarly, potentially significant impacts associated with Near-Term (2010) with Phase 1 plus Phase II Project Condition traffic would be mitigated to less than significant with implementation ofthe following street improvements: . Install an eastbound right turn pocket on Hunte Parkway at Discovery Falls . Install one additional lane inbound to have two lanes inbound and two lanes outbound at the Project Driveway Long Term (2030) Condition Based on the modeling results for Long-Term (2030) No Project Condition, all of the study intersections and roadway segments are expected to operate at acceptable levels of service. With implementation of the traffic control measures described above, all of the study intersections and the roadway segments are expected to operate at acceptable levels of service under Long-Term (2030) plus Project (Phase I + Phase II) Condition. The mitigation measures described in Section F below would mitigate traffic impacts to a level ofless than significant. Proiect Site Access and Circulation Access to the project will be provided via two access points: a full access driveway that would connect with the south leg of the Hunte ParkwayIDiscovery Falls intersection providing full access; and an Emergency Vehicle only access driveway on Hunte Parkway. The project driveway on Discovery Falls will form a Tee-intersection with Discovery Falls. Discovery Falls will not be open for traffic operations south of the project driveway under Near-Term Conditions; therefore, only two turning movements will be provided under near- term project conditions: Inbound project vehicles turning left into the project driveway from southbound Discovery Falls; and the outbound project vehicles turning right onto northbound Discovery Falls from the project driveway. These two movements will be non-conflicting and do not need traffic control. These two movements will occur simultaneously resulting in reduced stacking of vehicles at the project access. Under long -term conditions, Discovery Falls is expected to be open for traffic operations south of the Project Driveway. An all-way High Tech High University Park Case Number: !5-07-014 Page3! 7-46 STOP sign control was assumed to adequately control future traffic movement at this intersection. At the intersection of Discovery Falls and the Project Driveway, two right turn lanes are required to sufficiently accommodate the project vehicles turning right onto northbound Discovery Falls for Phase I buildout. The southbound Discovery Falls approach at this intersection would be provided with one lane striped as a left turn only lane to accommodate the project vehicles turning left into the driveway with one receiving lane on the project driveway under Phase I buildout. An additional left turn lane will be provided along southbound Discovery Falls approach at this intersection with an additional receiving lane on the project driveway to accommodate the increased number of project vehicles with Phase II buildout. At the intersection of Hunte Parkway and Discovery Falls, there would be a considerable number of project vehicles (335 vehicles during the AM peak) turning right onto southbound Discovery Falls from eastbound Hunte Parkway during the school peak hours. The intersection level of service calculations show that the intersection of Hunte Parkway and Discovery Falls is expected to operate acceptably under Near-Term (2010) with Phase I plus Phase II Project and Long-Term (2030) with Project Conditions. However, to reduce the potential queuing issues, an exclusive right turn lane for the eastbound Hunte Parkway approach would be required. In addition, overlap phasing for the eastbound right turn movements are also required to allow for simulations movement to occur with the northbound left turn movement, thereby reducing potential queuing impacts for the eastbound right turn movement. Drop-ojJ1Pick-up Areas Based on the proposed site plan, there is a drop-offlpick-up area located on the eastern side of the project site. This drop-off/pick-up area would take access from the driveway at Discovery Falls. The project traffic in the drop-offlpick-up area will circulate in a one-way counterclockwise fashion in which cars park curbside to drop-off students. Based on the preliminary site plan, the one-way circular travel way has a total width of 30 feet with approximately 200 feet of storage. Additionally, a 10-foot wide passenger drop offlpick up lane and a 20-foot travel way, which includes a fire lane, is provided. Parking should be prohibited within the inside curb lane of the travel way to allow for fire/emergency vehicle access. An attendant should be present during the peak drop-off /pick-up periods to keep circulation flowing in a safe manner and to ensure fire/emergency lane is not constricted or blocked. Lastly, to discourage mid-block pedestrian crossing on Discovery Falls, parking and stopping must be prohibited on both sides of Discovery Falls and Hunte Parkway in the vicinity of the project site. The mitigation measures contained in Section F below would mitigate potential impacts to queuing and pedestrian safety to a level of less than significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. High Tech High University Park Case Number: 15-07-014 Page 32 7-47 Parking The City of Chula Vista Municipal Code requires I parking space per teacher or employee plus 5 parking stalls for visitors for K_9th grades, and 1 parking space per 4 students for 10th - 12th grades. In accordance with the City's parking standards for educational facilities, the project would be required to provide 164 based on the following: . K_Sth grade (47 employees): 47 spaces (\ space per employee) + 5 spaces = 52 spaces 9"' grade (7 employees): 7 spaces (\ space per employee) + 5 spaces = 12 spaces 10"' - Ith grade (400 students): I space for every 4 students = 100 spaces Total Requirement: 164 spaces. . . . The proposed project will provide a total of 164 parking spaces. Phase I and Phase II will have 112 and 52 spaces, respectively. Therefore, the proposed parking supply (164 spaces) will satisfy the on-site parking requirement (164 spaces) in accordance with City parking standards. Therefore, no significant parking impacts will result from the proposed project. F. Mitigation Necessarv to Avoid Significant Impacts The mitigation measures detailed below would mitigate potentiallv significant effects on the environmental to a level ofless than significant. These measures have been incorporated into the proiect's Mitigation Monitoring and Reporting Program (MMRP) provided as Attachment "A" to this report. 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: a) Minimize simultaneous operation of multiple construction equipment units; b) Use low pollutant-emitting construction equipment; c) Use electrical construction equipment as practical; d) Use catalytic reduction for gasoline-powered equipment; e) Use injection-timing retard for diesel-powered equipment; f) Water the construction area a minimum of three times daily to minimize fugitive dust; g) Stabilize graded areas as quickly as possible to minimize fugitive dust; h) Pave permanent roads at the direction of the Environmental Review Coordinator or City Engineer to minimize dust; i) Use electricity from power poles instead of temporary generators during building, if available; j) Apply stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry; k) Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads; High Tech High University Park Case Number: IS-07-0/4 Page 33 7-48 I) Remove any visible track-out into traveled public streets within 30 minutes of occurrence; m) Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred; n) Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads; 0) Cover haul trucks or maintain at !east 12 inches of freeboard to reduce blow-off during hauling; and p) Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour. Biological Resources 2. Prior to issuance of land development permits, including clearing or grubbing and grading permits, following notes shall be included on the respective plans to the satisfaction of the Environmental Review Coordinator: "To avoid any direct and indirect impacts to raptors and/or any migratory birds, removal of habitat that may support active nests should occur outside of the breeding season for these species (January 15 to August 15). In addition construction activities adjacent to nesting habitat should also occur outside of the breeding season for these species. If the removal of habitat and/or construction activities adjacent to nesting habitat must occur during the breeding season, the applicant shall retain a City-approved biologist to conduct a pre-construction survey to determine the presence or absence of nesting birds on or within 300 feet of the construction area and nesting raptors within 500 feet of the construction area. The pre-construction survey must be conducted within 10 calendar days prior to the start of construction, the results of which must be submitted to the City for review and approval prior to initiating any construction activities. If nesting birds are detected by the City-approved biologist, a biological monitor shall be present on site during construction to minimize construction impacts and ensure that no nest is removed or disturbed until all young have fledged." "To ensure that no direct or indirect imvacts to nestin!!. burrowin!!. owls occur durin!!. construction, construction activities within the area of votential effect for nesting habitat should occur outside of the burrowin!!. owl's breedin!!. season (Avril 15 to Julv 31), or sooner if a Qualified biolof!ist demonstrates to the satisfaction of the Wildlife A!!.encies that all nestin!!. is comvlete. If construction must occur during the breedin!!. season, pre-construction survevs (in accordance with accepted survev protocols) must be performed bv a Citv-avvroved biolo!!.ist to determine the vresence or absence of active burrows/nests within all suitable habitat vrior to the initiation of construction-related activities. The vre-construction survevs must be conducted within 10 calendar davs vrior to the start of construction, and results submitted to the Citv for review and avvroval prior to initiatin!!. anv construction activities. High Tech High University Park Case Number: 15-07-014 Page 34 7-49 If burrowin" owls are detected, a miti"ation plan shall be vrepared bv a Citv- aooroved bioloEist and submitted to the Citv for review and aOTJYoval. The aoolicant shall imolement the miti"ation olan to the satisfaction of the City to ensure that disturbance of breedin" activities is reduced to a level less than si"nificant. Construction setbacks of 300 feet from occupied burrows or artificial nests (e."., inside construction debris Diles or pipes) shall be implemented until the voun" are comoletelv indeoendent of the nest. A bio-monitor must be on site durin" construction until all voun" have f/ed"ed to minimize construction imoacts and ensure that no nests are removed or disturbed and no nestin" activities are disruoted. I( an active burrow is found outside of the breedin" season, or arier an active nest is determined to no lon"er be active bv a Qualified biolo"ist, the burrow in" owl will be relocated in coordination with the Wildlife A"encies. " In addition. prior to issuance of land development permits. including clearing or grubbing and grading permits.. the applicant shall be required to provide written proof to the satisfaction of the Environmental Review Coordinator that a qualified biological monitor has been retained to fully implement the scope and intent of the aboye stated mitigation measure. 3. Prior to issuance of land development permits, including clearing or grubbing and grading permits, the applicant shall verify, to the satisfaction of the Environmental Review Coordinator, that the landscaping plans for the proposed borrow area include a hydroseed seed composition consistent with the with the adjacent vegetation communities and that will not indirectly impact sensitive biological resources associated with the City's Preserve located approximately 3,000 feet to the southeast. Exotic plant species not to be used during the preparation of the proiect's landscape plans include those species on the California Invasive Plant Council's (Cal-IPC) Invasive Plant Inventorv. This list includes such species as pepper trees. pampas grass. fountain grass. ice plant. myoporum. black locust. capeweed. tree of heaven. periwinkle. sweet alyssum. English ivy. French broom, Scotch broom. and Spanish broom. A COpy of the complete list can be obtained from the Cal-IPC website at http://www.cal-ipc.org. In addition. landscaping adiacent to preserve areas will not use plants that require intensive irrigation. fertilizers. or pesticides. Cultural Resources 4. Prior to issuance of land development permits, including clearing or grubbing and grading permits, the applicant shall provide confirmation and incorporate into grading plans, to the satisfaction of the Environmental Review Coordinator, that an archeological monitor will be present during all cutting of previously undisturbed soil. Should any resources be identified during grading operations, the location of the discovery will be secured, to the satisfaction of the Environmental Review Coordinator, from any further disturbance. The City shall be notified and the discovery will be evaluated for High Tech High University Park Case Number: 15-07-014 Page 35 7-50 significance; if found to be significant, a data recovery plan shall be prepared to the satisfaction of the City's Environmental Review Coordinator. Paleontological Resources 5. Prior to issuance of land development permits, including clearing or grubbing and grading permits, the applicant shall incorporate into grading plans to the satisfaction of the City Engineer and Environmental Review Coordinator, the following: "Prior to issuance of any grading permits, the applicant shall confirm to the City of Chula Vista that a qualified paleontologist has been retained to carry out the following mitigation program. The paleontologist shall attend pregrade meetings to consult with grading and excavation contractors. (A qualified paleontologist is defined as an individual with a M.S. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.) A paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed sediments of highly sensitive geologic formations (Otay Formations) to inspect cuts for contained fossils. The paleontological monitor shall work under the direction of a qualified paleontologist. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.) In the event that fossils are discovered in unknown sensitive formations, it may be necessary to increase the per-day field monitoring time. Conversely, if fossils are not discovered, the monitoring should be reduced. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In instances where recovery requires an extended salvage time, the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Where deemed appropriate by the paleontologist (or paleontological monitor), a screen-washing operation for small fossil remains shall be set up. Prepared fossils, along with copies of all pertinent field notes, photographs, and maps, shall be deposited (with the applicant's permission) in a scientific institution with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed which outlines the results of the mitigation program. This report shall include discussion of the methods used, stratigraphy exposed, fossils collected, and significance of recovered fossils. " Geologv and Soils 6. Prior to issuance of land development permits, including clearing or grubbing and grading permits, the applicant shall verify that the applicable recommendations of the preliminary geoteclmical investigations for High Tech High prepared by Geocon (February 13, 2007) have been incorporated into the project design and construction High Tech High University Park Case Number: IS-07-014 Page 36 7-51 documents to the satisfaction of the City Engineer. Recommendations to be implemented include, but are not limited to: . Grading plans shall indicate that excavations within the sandstone-mudstone member of the Otay Formation will encounter bentonite layer or zones with bentonite rich materials. These materials are highly expansive and should be placed in deeper fill areas and a least 10 feet below proposed finish grade elevations. Grading plans shall indicate that cut pads that expose claystone or bentonite materials should be under cut to completely remove the expansive soils. If the bentonite or claystone layers are relatively thin and can be completely removed in the upper I to 3 feet, then the depth of undercut should be at least 3 feet. Where expansive materials extend deeper that 3 feet, the undercuts should be at least 5 feet below proposed [mish pad grade elevations. After the over- excavations have been performed, the area should be brought back to design subgrade elevations with properly compacted low expansive granular soils. Grading plans shall indicate that, in order to reduce the potential for differential settlement, the cut portion of cut-fill transition pad (future ERC Finish Floor 547) should be undercut to a depth of at least 3 feet and replaced with compacted, low expansive (El less that 50) fill soils. The main high school building, approximately 425 feet in length, will be underlain by approximately 0 to 70 feet of fill. The cut portion of this building should be undercut at least 5 feet at the north end (FF 547) and the undercut should be increased to 10 feet at a distance of approximately 75 feet from the north end (FF 548). Over- excavations should be cut at a gradient of I percent toward the street or toward the deepest fill area to provide drainage for moisture along the contact between formational material and compacted fill. Grading plans shall indicate that, where practical, the upper 3 feet of building pads (cut or fill) and 12 inches in pavement areas should consist off properly compacted low (EI less that 50) expansive granular soils. Highly expansive material should be placed in deeper fill areas and properly compacted. Grading and building plans shall indicate that under no circumstances should water be allowed to pond adjacent to footings. The building pads should be properly finish graded after the buildings and other improvements are in place so that drainage water is directed away from foundations, pavements, concrete slabs, and slope tops to controlled drainage devices. Landscape Plans shall incorporate drought-tolerant vegetation having variable root depths and requiring minimal landscape irrigation along all slope areas. . . . . . Hvdrologv and Water Oualitv 7. Prior to issuance of land development permits, including clearing or grubbing and grading permits, a final drainage study shall be required in conjunction with the preparation of final grading plans and must demonstrate that the post-development peak flow rate does not exceed the pre-development flows as indicated in the Preliminary High Tech High University Park Case Number: IS-07.0/4 Page 37 7-52 Drainage Study, RBF September II, 2007, and to the satisfaction of the City Engineer. Additionally, the City Engineer shall verify that the final grading plans comply with the provisions of California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respect to 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. 8. Prior to issuance of each grading permit, the project applicant shall obtain an NPDES Permit for Construction Activity from SWRCB. Adherence to all conditions of the General Permit for Construction Activity is required. The applicant shall be required under the SWRCB General Construction Permit to develop a SWPPP and a Monitoring program Plan. The SWPPP shall specify both construction and post-construction structural and non-structural pollution prevention measures. The SWPPP shall also address operation and maintenance of post-construction pollution prevention measures, including short-term and long-term funding sources and the party or parties that will be responsible for the implementation of said measures. 9. Prior to the issuance of each grading pennit, the applicant must provide to the satisfaction of the City Engineer verification that a complete and accurate Notice-of- Intent (N0l) has been filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a NOl has been received for this project shall be filed with the City of Chula Vista when received. Further, a copy of the completed Nor from the SWRCB showing the Permit Number for this project shall be filed with the City ofChula Vista when received. 10. Permanent Treatment, Site Design, and Source Control BMPs shall be included as part of the project in accordance with the City of Chula Vista SUSMP requirements and the Water Quality Technical Report for the High Tech High (RBF Consulting, August 10, 2007). II. Prior to issuance of land development permits, including clearing or grubbing and grading permits, a maintenance plan for temporary erosion control facilities shall be established by the applicant to the satisfaction of the City Engineer. The applicant shall be responsible for implementing, monitoring, and maintaining the required BMPs to ensure that the measures are working properly, until the construction area has been permanently stabilized. This will typically involve inspection, cleaning, repair operations being conducted after runoff-producing rainfall. 12. After construction, energy dissipating structures (e.g. detention ponds, riprap, or drop structures) as deemed necessary by a hydrologic or engineering consultant shall be used at storm drain outlets, drainage crossings, and/or downstream of all culverts, pipe outlets, and brow ditches to reduce velocity and prevent erosion to the satisfaction of the City Engineer. High Tech High University Park Case Number: 15-07-014 Page 38 7-53 Transportation/Traffic 13. Prior to the approval of site improvement plans for Phase I construction, the applicant shall enter into an agreement with the City to design, bond, and construct, to the satisfaction of the City Engineer, a fully actuated traffic signal including conduit, wiring, mast arms, signal heads, a controller and associated equipment, underground improvements, standards, and luminaries at the Hunte ParkwayIDiscovery Falls Drive intersection. Design of the intersection shall include, to the satisfaction of the City Engineer, the following roadway improvements: . Westbound left turn pocket on Hunte Parkway at Discovery Falls I:ffial Northbound left turn pocket!! on Discovery Falls at Hunte Parkway . Driveway Entrance shall include: . Southbound left turn pocket on Discovery Falls at the Project Driveway One lane inbound and two lanes outbound at the Project Driveway . 14. Prior to the approval of site improvement plans for Phase II construction, the applicant shall enter into an agreement with the City to design, bond, and construct, to the satisfaction of the City Engineer, the following roadway improvements: . Eastbound right turn pocket on Hunte Parkway at Discovery Falls . One additional inbound lane constructed/striped at the Project Driveway. 15. Prior to approval of building permits for Phase I and Phase II construction, the applicant shall submit a detailed Signage and Striping Plan, to the satisfaction for the City Engineer, identifying the location offire lanes, appropriate advance school warning signs, crosswalk locations, drop-offi'pick-up locations, and lane configurations (including appropriate storage lengths) consistent with the recommendations contained in the High Tech High Traffic Impact Analysis (Rick Engineering Company, May 1, 2007). Noise 16. Prior to Grading Permit issuance, the Applicant shall demonstrate to the satisfaction of the City Environmental Review Coordinator that the project complies with the following: . All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers; Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible; . High Tech High University Park Case Number: IS-07-014 Page 39 7-54 . During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive noise receivers; . During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors; . Operate earthmoving equipment on the construction site, as far away from vibration sensitive sites as possible; and . The project shall be in compliance with Section 17.24.050.J of the City's Municipal Code which regulates construction hours. Construction hours, allowable workdays and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding property owners and residents to contact the job superintendent. In the event the City receives a complaint, appropriate corrective actions shall be implemented and a report the action taken to the reporting party. 17. Prior to the issuance of building design permits for Phase II construction, the applicant shall be required to prepare, to the satisfaction the Environmental Review Coordinator, a subsequent acoustical assessment permits to ensure that sensitive outdoor uses would not be exposed to noise levels exceeding the City's 65 dBA CNEL standard. 18. Prior to the approval of design review permits for each phase of development, and upon completion of mechanical design for the HV AC and roof-mounted equipment, the Applicant shall be required to submit a subsequent noise analyses and mechanical plans to the satisfaction of the Environmental Review Coordinator to ensure that noise levels from the equipment will not exceed the City ofChula Vista's Noise Ordinance Standards for sensitive noise receptors (i.e., 55 dBA Leq or 60 dBA Leq for multi-family). Upon review of the additional noise analysis, if it is determined that there are potential noise impacts created by the HV AC units and/or other roof-mounted equipment, then applicable design measures shall be incorporated into the project's development plans to ensure that project generated noise levels are consistent with the City's noise standards. High Tech High University Park Case Number: IS-07-014 Page 40 7-55 G. Agreement to Implement Mitigation Measures By signing the line(s) provided below, the Applicant stipulate that they have 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. \Tee.;{ W.qllttL-t:, COO Printed Name and Title of Applicant (or authorized representative) \?-/IO/ot Date Date N/A Printed Name and Title of Operator (if different from Applicant) Date N/A Signature of Operator (if different from Applicant) Date H. Consultation 1. Individuals and Organizations City of Chula Vista: Scott Donaghe, Plarming and Building Department Marisa Lundstedt, PI arming and Building Department Rick Rosaler, Planning and Building Department Steve Power, Planning and Building Department Josie McNeeley, Planning and Building Department Silvester Evetovich, Engineering Division High Tech High University Park Case Number: IS-07-0I4 Page 41 7-56 Jim Newton, Engineering Division David Kaplan, Engineering Division Tom Adler, Engineering Division Mario Ingrasci, Engineering Division Justin Gipson, Fire Department Others: RECON Environmental, Inc. 2. Documents The following documents were used, referenced, or relied on in preparing this MND, and the documents are available for public review and inspection at the City of Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, California, and are incorporated by reference in this MND: . City ofChula Vista General Plan Update, 2005. . Final Environmental Impact Report, City of Chula Vista General Plan Update, EIR No. 05-01, December 2005. . City ofChula Vista MSCP Subarea Plan, February 2003. . Final Environmental Impact Report, Otay Ranch Village 2, 3, and a Portion of Village 4 Sectional Planning Area, EIR No. 02-02. . Final Environmental Impact Report, Otay Ranch Village II Sectional Planning Area, EIR No. 01-01. . Otay Ranch Resource Management Plan, Phase II, 1996. . Guidelines for Traffic Impact Studies in the City ofChula Vista, 2001. . Geotechnical Investigation for High Tech High, GEOCON, February 13, 2007. . Biological Resources Report and Impacts Analysis for High Tech High University Park Campus, Dudek and Associates, May 2007. . Phase I Environmental Site Assessment for High Tech High University Park, Dudek and Associates, May 2007. . Archeological Assessment for the High Tech High Chula Vista Project, Brian F. Smith and Associates, April II, 2007. . Water Study Technical Memorandum, RBF, April 19, 2007. . High Tech High University Park Traffic Impact Analysis, Rick Engineering, May 1,2007. . Phase II Environmental Site Assessment for High Tech High, Dudek and Associates, August 2007. . Drainage Report for High Tech High, RBF, August 10,2007. . High Tech High Steep Slope Review, RBF, September 6,2007. . Water Quality Technical Report for High Tech High, RBF, September II, 2007. High Tech High University Park Case Number: IS-07-0l4 Page 42 7-57 . Air Quality Assessment for High Tech High University Park, REF, September 19, 2007 and Supplement Letter dated October 3,2007. . Preliminary Sewer Report, RBF, October 16, 2007. . Acoustical Assessment for high Tech High University Park, REF, October 31, 2007 3. Initial Studv This environmental determination is based on the attached Initial Study, any conunents received on the Initial Study and any comments received during the public review period for this Mitigated Negative Declaration. 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: (Z~r/or J:\Planning\GLaube\Otay Ranch\High Tech High\M:ND\Final\FfNAL_IS-07-014_MND _, 2-11-07.doc High Tech High University Park Case Number: 15-07-014 Page 43 7-58 ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) HIGH TECH HIGH UNIVERSITY PARK (lS-07-014) This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed High Tech High University Park project. The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration (IS-07-014) prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines. 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. Cultural Resources 4. Paleontological Resources 5. Geology/Soils 6. Hydrology and Water Quality 7. Noise 8. Traffic MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. The applicant shall provide evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-07-014 to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Exhibit 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-07 -014, 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\GLaube\Otay Ranch\High Tech High\MND\lS-07-0147MMRPtexcdoc 7-59 -.J I '" o MITIGATION MONITORING AND REPORTING PROGRAM Hi h Tech.Hiah University Park (15-07-014\ Mitigation Method of Timing of Responsible Completed Measure Mitigation Measures Verification Verification Party Comments No. T.M I Pre 'I'ourlng -I Post : Inltl.als I Oate Const. Const.- Cost. AIR QUALITY .. \. Plan Check & X X X Project The following air quality mitigation requirements shall be shown on all Routine Site Applicant! City applicable grading, and building plans as details, notes, or as otherwise Inspection Engineering appropriate, and shall not be deviated from unless approved in advance in DepartmentlGen writing by the City's Environmental Review Coordinator: eral Services ,) Minimize simultaneous operation of multiple construction equipment Department! units; b) Use low pollutant-emiuing construction equipment; City Planning and Building 0) Use electrical construction equipment as practical; Department d) Use catalytic reduction for gasoline-powered equipment; oj Use injection-timing retard for diesel-powered equipment; 0 Water the construction area a minimum of three times daily to minimize fugitive dust; g) Stabilize graded areas as quickly as possible to minimize fugitive dust; h) Pave permanent roads at the direction of the Environmental Review Coordinator or City Engineer to minimize dust; i) Use electricity from power poles instead of temporary generators during building, if available; j) Apply stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry; k) Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads; I) Remove any visible track-out into traveled public streets within 30 minutes of occurrence; m) Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred; 0) Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads; 0) Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during hauling; and p) Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour. EXHIBIT 1: 12111//07 MITIGATION MONITORING AND REPORTING PROGRAM Hi h Tech Hiah Universitv Park 115.07 -014) Mitigation Measure No. MItigation Measures 2 BIOLOGICAL RESOURCES Prior to issuance of land development permits, including clearing or grubbing and grading permits, the following notes shall be included on the respective plans to the satisfaction of the Environmental Review Coordinator: "To avoid any direct and indirect impacts to raplors and/or any migratory birds, removal of habitat that may support active nests should occur outside of the breeding season for these species (January 15 to August 15). In addition construction activities adjacent to nesting habitat should also occur outside of the breeding season for these species. If the removal of habitat and/or construction activities adjacent to nesting habitat must occur during the breeding season, the applicant shall retain a City-approved biologist to conduct a pre-construction survey to determine the presence or absence of nesting birds on or within 300 feet of the construction area and nesting raptors within 500 feet of the construction area. The pre-construction survey must be conducted within 10 calendar days prior to the start of construction, the results of which must be submitted to the City for review and approval prior to initiating any construction activities. If nesting birds are detected by the City-approved biologist, a biological monitor shall be present on site during construction to minimize construction impacts and ensure that no nest is removed or disturbed until all young have fledged." "To ensure that no direct or indirect imvacts to nestine burrowing owls occur durin!! construction. construction activities within the area of votentia/ effect for nestinrz habitat should occur outside of the burrowim! owl's breedim! season (Avril 15 to Julv 31) or sooner if a aualified bi%!!ist demonstrates to the satisfaction of the Wildlife Af!encies that all nestinrz is comv/ete. If construction must occur durinf! the breedim! season. Dre-construction surveYS (in accordance with accevted surve') nrotoco/s l must be ner{ormed b" a Citv-aDDroved -.j I m ~ EXHIBIT 1: 12/J 1/107 Method of Verification Plan Check / Site Inspection by a qualified Biologist Timing of Verification T.M I p" I During I Const. Const. x x Post Cost. Responsible Party Project Applicant! I City Planning and Building Department Completed Comments Initials I Date MITIGATION MO~ITORINGAND REPORT;ING PROGRAM Hi h Tech"HiahUnlversitv Park 0$-07;014) Mitigation Method of Timing of Responsible Completed Measure Mitigation Measures Verification Verification Party Comments No. I p" I During I Post Initials I Date T.M Const. Const. Cost. ...... I en ..., biolOf!ist to determine the oresence or absence of active burrows/nests within all suitable habitat Drior to the initiation of construction-related activities. The ore- construction surveYS must be conducted within 10 calendar days arior to the start of construction. and results submitted to the City for review and aDvrova[ Drior to initiatinf! any construction activities. If burrowim! owls are detected. a mitif!ation plan shall be DreDared bv a Citv-QDDrOved bia/orris! and submitted to the Citv for review and avvroval. The aDDlicant shall imvlement the mitif!ation vlan to the satisfaction of the eitv to ensure that disturbance of breedinf! activities is reduced to a level less than sif!nificant. Construction setbacks of 300 feet from occuvied burrows or artificial nests fe.e. inside construction debris viles or vives) shall be imvlemented until the vounf! are comoletelv indeoendent of the nest. A bio-monitor must be on site durinf! construction until all vounf! have fled~ed to minimize construction imvacts and ensure that no nests are removed or disturbed and no nestim! activities are disruoted. If an active burrow is found outside of the breedine season. or after an active nest is determined to no loneer be active bv a aualified biolo~ist the burrowinf! owl will be relocated in coordination with the Wildlife Af!encies. In addition. OTlOf to issuance of land develooment oermits. includinl! clearinl! or I!rubbinl! and I!radinl! oermits the aoolicant shall be reauired to orovide written oroof to the satisfaction of the Environmental Review Coordinator that a Qualified biological monitor has been retained to fullv imolement the scone and intent of the above stated mitil!ation measure. EXHIBIT 1: 12/lI//07 -.J I en w MITIGATION MONITORING AND REPORTING PROGRAM Hi h Tech Hioh Unlversitv Park 115'07-014) . MItigation Method of Timing of Responsible Completed Measure Mitigation Measures Comments No. Verification Verification Party I "co I During. I Post InitIals I T.M Canst. Const. Cost. Date ). Prior to issuance of land development permits, including Plan Check / X X Project clearing or grubbing and grading permits, the applicant Site Inspection Applicant! CIty shall verify, to the satisfaction of the Environmental Engineering Review Coordinator, that the landscaping plans for the bya qualified Department! biologist City Planning proposed borrow area include a hydroseed seed and Building composition consistent with the with the adjacent Department vegetation communities and that will not indirectly impact sensitive biological resources associated with the City's Preserve located approximately 3,000 feet to the southeast. Exotic plant soecies not to be used during the preparation of the oroiect's landscaoe olans include those soecies on the California Invasive Plant Council's (Cal-IPC) Invasive Plant Inventorv. This list includes such species as oeooer trees. pampas grass. fountain grass. ice plant. mvoporum. black locust. capeweed. tree of heaven. periwinkle. sweet alvssum. English iVY. French broom. Scotch broom. and Spanish broom. A cOPV of the complete list can be obtained from the Cal-IPC website at htto://www.cal-ipc.org. In addition. landscaping adiacent to preserve areas will not use plants that require intensive irrigation. fertilizers. or nesticides. CULTURAL RESOURCES 4. Prior to issuance ofland development permits, including Plan Check / X X X Project clearing or grubbing and grading permits, the applicant Site Inspection Applicant! City shall provide confirmation and incorporate into grading bya qualified Engineering plans, to the satisfaction of the Environmental Review archeological Department! Coordinator, that an archeological monitor will be present monitor City PlatUling during all cutting of previously undisturbed soil. Should and Building any resources be identified during grading operations, the Department location of the discovery will be secured, to the satisfaction of the Environmental Review Coordinator, from any further disturbance. The City shaH be notified and the discovery will be evaluated for siPllificance; if found to be EXHIBIT 1: 12/11//07 MITIGATION MONITORING AND REPORTING PROGRAM Hiah Tech Hiah Universitv Park 08.07-014) PALEONTOLOGICAL RES()!fIJ.Cist'.~;Y(;1'i2.~ ~ 1">"sitfl'c~, Prior to issuance of land development permits, including clearing or grubbing and grading permits, the applicant shall incorporate into grading plans to the satisfaction of the City Engineer and Environmental Review Coordinator, the following: "Prior to issuance of any grading permits. the applicant shall confirm to the City of Chu/a Vista that a qualified paleontologist has been retained /0 carry OuI the following mitigation program. The paleontologist shall attend pregrade meetings to consult with grading and excavation contractors. (A qualified paleontologist is defined as an individual with a M.S. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.). MItigation Measure No. Mitigation Measures significant, a data recovery plan shall be prepared to the satisfaction of the City's Environmental Review Coordinator. 5. ...... I en ./:> A paleontological monitor shall be on-site at all times during the original cUl/ing of previously undisturbed sediments of highly sensitive geologic formations (Otay Formations) to inspect cuts for contained fossils. The paleontological monitor shall work under the direction of a qualified paleontologist. (A paleontological monitor is defined as an individual who has experience in the collection and salvage offossil materials.) In the event that fossils are discovered in unknown sensitive formations, it may be necessary to increase the per-day field monitoring time. Conversely, If fossils are not discovered, the monitoring should be reduced. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In instances where recovery requires an extended salvage time, the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to aI/ow recovery of fossil remains in a timely manner. Where deemed appropriate by the paleontologist (or paleontological monitor), a screen-washing operation for small fossil remains shall be set UD. EXHIBIT 1: 12/11//07 Method of Verification Plan Check / Site Inspection by a qualified paleontologist Timing of Verification T M I . Pre I During I . I. I Const.Const. x x Responsible Party Post Cost, ~ x Project Applicant! City Engineering Department! City Planning and Building Department Completed InitialSl Comments Date .'.'1..,.,....,... .~~;{.':.;' MITIGATION MONITORING AND REPORTING PROGRAM Hi h Tech HinhUniversitv Park (15-07-014\ Mitigation Method of Timing of Responsible Completed Measure Mitigation Measures Verification Verification Party Comments No. I Pre I DurIng 'I Post l/llllalsl r,M' ... Const. Const. Cost. . Date Prepared fossils, along with copies of all pertinent field notes, photographs. and maps, shall be deposited (wi/h the applicant's permission) in a scientific institution with paleontological col/ections such as the San Diego Natural His/Dry Museum. A final summary report shall be completed which outlines the results of the mitigation program. This report shall include discussion oj the methods used, stratigraphy exposed, fossils collected, and significance ofrecoveredfossiIs. ..... I m 01 EXHIBIT 1: 12111//07 MITIGATION MONITORING AND REPORTING PROGRAM Hi Jh Tech Hiah Unlversltv Park (15-07-014\ Mitigation Method of Timing of Responsible Measure Mitigation Measures Completed Comments No. Verification Verification Party TM I Pre I During I. Post Initials I Dale . Canst. Canst. Cost. -..J I m m GEOLOGY AND SOILS . 6. Plan Check & X X X Project Prior to issuance of land development pennits, including Site Inspection Applicant! City clearing or grubbing and grading permits, the applicant by qualified Engineering shall verify that the applicable recommendations of the soilslGeotechn Department! preliminary geotechnical investigations for High Tech High ieal engineer City Planning prepared by Geoeon (February 13, 2007) have been and Building incorporated into the project design and construction Department documents to the satisfaction of the City Engineer. Recommendations to be implemented include, but are not limited to: . Grading plans shall indicate that excavations within the sandstone-mudstone member of the Gtay Formation will encounter bentonite layer or zones with bentonite rich materials. These materials are highly expansive and should be placed in deeper fill areas and a least 10 feet below proposed finish grade elevations. . Grading plans shall indicate that cut pads that expose claystone or bentonite materials should be under cut to completely remove the expansive soils. If the bentonite or claystone layers are relatively thin and can be completely removed in the upper 1 to 3 feet, then the depth of undercut should be at least 3 feet. Where expansive materials extend deeper that 3 feet, the undercuts should be at least 5 feet below proposed finish pad grade elevations. After the over-excavations have been performed, the area should be brought back to design subgrade elevations with properly compacted low expansive granular soils. EXHIBIT 1: 12/1 1//07 MITIGATION MONITORIt-l~At-lD.RI2PORTING.PROGRAM Hioh Tech Hirih Uni~ersity Park (lS-07-014\ Mitigation Measure No. Mitigation Measures -.J I '" -.J . Grading plans shall indicate that, in order to reduce the potential for differential settlement, the cut portion of cut-fill transition pad (future ERe Finish Floor 547) should be undercut to a depth of at least 3 feet and replaced with compacted, low expansive (EI less that 50) fill soils. The main high school building, approximately 425 feet in length, will be underlain by approximately 0 to 70 feet of fill. The cut portion of this building should be undercut at least 5 feet at the north end (FF 547) and the undercut should be increased to 10 feet at a distance of approximately 75 feet from the north end (FF 548). Over-excavations should be cut at a gradient of I percent toward the street or toward the deepest fill area to provide drainage for moisture along the contact between formational material and compacted fill. . Grading plans shall indicate that, where practical, the upper 3 feet of buildmg pads (cut or fill) and 12 inches in pavement areas should consist off properly compacted low (EI less .that 50) expansive granular soils. Highly expansive material should be placed in deeper fill areas and properly compacted. . Grading and building plans shall indicate that under no circumstances should water be allowed to pond adjacent to footings. The building pads should be properly finish graded after the buildings and other improvements are in place so that drainage water is directed away from foundations, pavements, concrete slabs, and slope tops to controlled drainage devices. . Landscape Plans shall incorporate droughHolerant vegetation having variable root depths and requiring rninimallandscape irrigation along all slope areas. EXHIBIT 1: 12/11//07 Method of Verification Timing of Verification I ,Pre I DurIng I T.M' Consl. Const. Post Cost. Responsible Party Completed Comments Initials I Date MITIGATION MONITORING AND REPORTING PROGRAM Hi h Tech Hiah Universitv Park ()S-07-014l Mitigation Method of Timing of Responsible Completed Measure Mltlgation Measures Comments No. Verification Verification Party M I Pre I During I Post Inltlals I Dilte T. Const. Const. Cost. -..j I C'> 00 7. HYDROLOGY AND WATER DUALITY Prior to issuance of land development permits, including Plan Check & clearing or grubbing and grading permits, a final drainage Routine Site study shall be required in conjunction with the preparation Inspection of final grading plans and must demonstrate that the post- development peak flow rate does not exceed the pre- development flows as indicated In the Preliminary Drainage Study, RBF September II, 2007, and to the satisfaction of the City Engineer. Additionally, the City Engineer shall verify that the final grading plans comply with the provisions of California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respect to 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. x x x 8. Prior to issuance of each grading permit, the project Plan Check & applicant shall obtain an NPDES Permit for Construction Routine Site Activity from SWRCB. Adherence to all conditions of the Inspection General Permit for Construction Activity is required. The applicant shall be required under the SWRCB General Construction Permit to develop a SWPPP and a Monitoring program Plan. The SWPPP shall specify both construction and post-construction structural and non.structural pollution prevention measures. The SWPPP shall also address operation and maintenance of post-construction pollution prevention measures, including short-term and long-term funding sources and the party or parties that will be responsible for the implementation of said measures. Prior to the issuance of each grading permit, the applicant Plan Check & must provide to the satisfaction of the City Engineer Routine Site ~e.ri~~~tion that a_.comp~~te ~nd _ a~cur8te Notice-of-I~tent Inspection x x Project Applicant! City Engineering Department! City Planning and Building Department x x 9. EXHIBIT I: 12/11//07 ...... I m co MITIGATION MONITORING AND REPORTING PROGRAM Hi h Tech Hiah University Park (15-07-014\ Mitigation Method of Timing of Responsible Completed Measure Mitigation Measures Verification Verification Party Comments No. , ™ I p" I During .1 Post InItials I Date . Const. Const. Cost. (NOl) has been filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a NOI has been received for this project shall be filed with the City of Chula Vista when received. Further, a copy of the completed NOl from the SWRCB showing the Permit Number for this project shall be filed with the City of Chula Vista when received. 10. Permanent Treatment, Site Design, and Source Control Plan Check & X X X BMPs shall be included as part of the project in accordance Routine Site with the City of Chula Vista SUSMP requirements and the Inspection Water Quality Technical Report for the High Tech High I (RBF Consultino, Auoust 10, 2007\. II. Prior to issuance of land development pennits, including Plan Check & X X X clearing or grubbing and grading permits, a maintenance Routine Site plan for temporary erosion control facilities shall be Inspection established by the applicant to the satisfaction of the City Engineer. The applicant shall be responsible for implementing, monitoring, and maintaining the required BMPs to ensure that the measures are working properly, until the construction area has been permanently stabilized. This will typically involve inspection, cleaning, repair onerations beine: conducted after runoff-oroducine. rainfall. 12. After construction, energy dissipating structures (e.g. Plan Check & detention ponds, riprap, or drop structures) as deemed Routine Site necessary by a hydrologic or engineering consultant shall Inspection be used at stann drain outlets, drainage crossings, and/or downstream of all culverts, pipe outlets, and brow ditches to reduce velocity and prevent erosion to the satisfaction of the Citv En2:ineer. TRANSPORTATIONrI'RAFFIC 13. Prior to the approval of site improvement plans for Phase I Plan Check X X X Project construction, the applicant shall enter into an agreement with Applicant! City the City to design, bond, and construct, to the satisfaction of Engineering the City Engineer, a fully actuated traffic signal including Department! conduit, wiring, mast arms, signal heads, a controller and City Planning associated equipment, underground improvements, standards, and Building and luminaries at the Hunte ParkwaylDiscovery Falls Drive Department intersection. Design of the intersection shall include, to the EXHIBIT I: 12/111/07 Mitigation Measure No. ..... I ..... o 14. 15. MITIGATION MONITORING AND REPORTING PROGRAM Hi h Tech Hiah Ul1lversitv Park {IS-07-0141 Mitigation Measures satisfaction of the City Engineer, the following roadway improvements: . Westbound left turn pocket on Hunte Parkway at Discovery Falls . "[hilll Northbound left turn pocket~ on Discovery Falls at Hunte Parkway Driveway Entrance shall include: . Southbound left turn pocket on Discovery Falls at the Project Driveway . One ,lane inbound and two lanes outbound at the Proj ect Dri vewa y Method of Verification Timing of Verification ,I Pre I During I T,M1 Const. Const. Prior to the approval of site improvement plans for Phase II Plan Check construction, the applicant shall enter into an agreement with the City to design, bond, and construct, to the satisfaction of the City Engineer, the following roadway improvements: x x . Eastbound right turn pocket on Hunte Parkway at Discovery Falls . One additional inbound lane constructed/striped at the Proiect Driveway. Prior to approval of building permits for Phase I and Phase Plan Check II construction, the applicant shall submit a detailed Signage and Striping Plan, to the satisfaction for the City Engineer.- identifying the location of fire lanes, appropriate advance school warning signs, crosswalk locations, drop- off/pick-up locations, and lane configurations (including appropriate storage lengths) consistent with the recommendations contained in the High Tech High Traffic Impact Analysis (Rick Engineering Company, May 1, 2007). EXHIBIT 1: 12/11/107 x x Responsible Party Post Cost. x Project Applicant! City Engineering Department! City Planning and Building Department x Project Applicant! City Engineering Department! City Planning and Building Department Completed Comments Initials -T Date MITIGATION MONITORING AND REPORTING PROGRAM High TechHiahUnlversitv Park 115-07-0141 Mitigation Method of Timing of Responsible Completed Measure Mitigation Measures Verification Verification Party Comments No. I p" I During I Post Inltlals1 Date T.M Canst. Canst. Cost. 16 NOISE Prior to Grading Pennit issuance, the Applicant shall Plan Check/Site demonstrate to the satisfaction of the City Environmental Inspection Review Coordinator that the project complies with the following: x x Project Applicant! City Engineering Department! City Planning and Building Department ...... I ...... ~ . All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers; . Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible; . During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive noise receivers; . During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors;X . Operate earthmoving equipment on the construction site, as far away from vibration sensitive sites as possible; and . The project shall be In compliance with Section 17.24.050.1 of the City's Municipal Code which regulates construction hours. Construction hours, allowable workdays and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding property owners and residents to contact the job superintendent. In the event the City receives a comolaint, aoorooriate corrective actions shall be EXHIBIT 1: 12/11//07 MItigation Measure No. 17. 18. ..... I ..... N MITIGATION MONITORING AND REPORTING PROGRAM Hi h TechHigh Universitv Park 05-07-014\ MItigation Measures implemented and a report the action taken to the reporting party. Method of Verification Prior to the issuance of building design permits for Phase II Plan Check construction, the applicant shall be required to prepare, to the satisfaction the Environmental Review Coordinator, a subsequent acoustical assessment permits to ensure that sensitive outdoor uses would not be exposed to noise levels exceeding the City's 65 dBA CNEL standard. Prior to the approval of design review pemits for each phase Plan Check of development, and upon completion of mechanical design for the HV AC and roof-mounted equipment, the Applicant shall be required to submit a subsequent noise analyses and mechanical plans to the satisfaction of the Environmental Review Coordinator to ensure that noise levels from the equipment will not exceed the City of Chula Vista's Noise Ordinance Standards for sensitive noise receptors (Le., 55 dBA Leq or 60 dBA Leg for multi-family). Upon review of the additional noise analysis, if it is determined that there are potential noise impacts created by the HV AC units and/or other roof-mounted equipment, then applicable design measures shall be incorporated into the project's development plans to ensure that project generated noise levels are consistent with the City's noise standards. EXHIBIT 1: 121111/07 Timing of Verification T M I Pre I Durln{l I '. Canst. Canst. x x Post Cost. Responsible Party x Completed Comments InItIals I Date ATTACHMENT "B" Comments and Responses on DRAFT MND IS-07-014 (30-day public Review Period: November 7,2007 through December 7, 2007) COMMENT REFERENCE COMMENT PROVIDER Comment/Response A-I and A-2 U.S. Fish and Wildlife Service 1 CA Department of Fish and Game 6010 Hidden Valley Road Carlsbad, California 92011 A. U.S. Fish and Wildlife Service 1 CA Department of Fish and Game 6010 Hidden Valley Road Carlsbad, California 92011 Comments/Responses A-I and A-2 A-I: Summary of Comment The applicant shall ensure that development landscaping, especially landscaping adjacent to sensitive habitat, does not include exotic plant species that may be invasive to native habitats. Comment provided via e-mail received 12/3/07 (refer to Exhibit 1 to this attachment). Response to Comment A-I Comment noted. Section F, Mitigation Measure NO.3 (Biological Resources) of the draft MND provides mitigation that the Applicant must implement in order to prevent potential impacts to adjacent Preserve areas. However, the following language has been added to Mitigation Measure No. 3 of the MND in order to provide additional information regarding the use of invasive non-native species during the preparation of the project landscape plans: "Exotic plant species not to be used during the preparation of the project's landscape plans include those species on the California Invasive Plant Council's (Cal-lPC) Invasive Plant Inventory. This list includes such species as pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. A copy of the complete list can be obtained from the Ca1-lPC web site at http://www.cal-ipc.org. In addition, landscaping adjacent to preserve areas will not use plants that require intensive irrigation, fertilizers, or pesticides. " Page 1 of3 7-73 A-2: Summary of Comment The Wildlife Agencies expressed a concern regarding the potential occurrence of burrowing owls onsite given that burrowing owls are known to occur in the vicinity and can nest in burrows found on agricultural and disturbed lands that have not been worked recently. Consequently, the Wildlife Agencies requested that construction activities within the area of potential effect for nesting habitat should occur outside of the burrowing owl's breeding season (April 15 to July 31). Furthermore, the Wildlife Agencies requested that focused surveys for burrowing owls within the project area and a surrounding 500-foot buffer be conducted within a year prior to the onset of project impacts. Comment provided via e-mail received 12/3/07 (refer to Exhibit I to this attachment). Response to Comment A-2 Comment noted. As stated on page 15 of the draft MND, no state- or federally- listed threatened or endangered animal species, or evidence of nesting birds (i.e., nest building, territorial defense, transport of nesting material or food for young, etc.) was identified during the spring general reconnaissance. However, as indicated in the report, the study area has a moderate potential to provide foraging habitat for several avian species. As a result, Biological Resources Mitigation Measure No. 2 prohibits the removal of habitat that may support active nests should occur outside of the breeding season for these species (January 15 to August 15). In the event that the removal of habitat and/or construction activities adjacent to nesting habitat must occur during the breeding season, the applicant is required to retain a City-approved biologist to conduct a pre-construction survey within 10 calendar days prior to the start of construction to determine the presence or absence of nesting birds on or within 300 feet of the construction area and nesting raptors within 500 feet of the construction area. Although proper implementation of Biological Resources Mitigation Measure No. 2 should adequately satisfy the recommendations provided by the Wildlife Agencies regarding the protection of burrowing owls, the following language has been added to Biological Resources Mitigation Measure No.2 in order to provide additional information pertaining to construction activities during the breeding season for the burrowing owl: "To ensure that no direct or indirect impacts to nesting burrowing owls occur during construction, construction activities within the area of potential effect for nesting habitat should occur outside of the burrowing owl's breeding season (April 15 to July 31), or sooner if a qualified biologist demonstrates to the satisfaction of the Wildlife Agencies that all nesting is complete. If construction must occur during the breeding season, pre-construction surveys (in accordance with accepted survey protocols) must be performed by a City-approved biologist to determine the presence or absence of active burrows/nests within all suitable habitat prior to the initiation of construction-related activities. The pre- construction surveys must be conducted within 10 calendar days prior to the start Page 2 of3 7-74 of construction, and results submitted to the City for review and approval prior to initiating any construction activities. If burrowing owls are detected, a mitigation plan shall be prepared by a City- approved biologist and submitted to the City for review and approval. The applicant shall implement the mitigation plan to the satisfaction of the City to ensure that disturbance of breeding activities is reduced to a level less than significant. Construction setbacks of 300 feet from occupied burrows or artificial nests (e.g., inside construction debris piles or pipes) shall be implemented until the young are completely independent of the nest. A bio-monitor must be on site during construction until all young have fledged to minimize construction impacts and ensure that no nests are removed or disturbed and no nesting activities are disrupted. If an active burrow is found outside of the breeding season, or after an active nest is determined to no longer be active by a qualified biologist, the burrowing owl will be relocated in coordination with the Wildlife Agencies." Page 3 of3 7-75 l A--\+,(..I"...~l 13, e~~:b,4 I J Page 1 of2 Glen Laube IS -O-:j -01(.1 Co""..e",+ Le:Ho/ t\ II From: Cara_McGary@fws.gov Sent: Monday, December 03,20074:42 PM To: Glen Laube Subject: Comments for High Tech High Glen, The Wildlife Agencies have reviewed the draft MND for the High Tech High University Park, dated November 1,2007. We have the following comments and questions about the MND that should be addressed in the final MND. A-' I) The following text should be added to Section F, Subheading Biological Resources #3 of the MND: "The applicant shall ensure that development landscaping, especially landscaping adjacent to sensitive habitat, does not include exotic plant species that may be invasive to native habitats. Exotic plant species not to be used include those species on the California Invasive Plant Council's (Cal-IPC) Invasive Plant Inventory. This list includes such species as pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom. A copy of the complete list can be obtained from the Cal-IPe website at http://www.cal-ipc.org.ln addition, landscaping adjacent to preserve areas will not use plants that require intensive irrigation, fertilizers, or pesticides. Water runoff from landscaped areas will be directed away from the biological conservation easement area and contained and/or treated within the development footprint." A-2. 2) We are concerned about the potential occurrence of burrowing owls onsite. The project site is a former agricultural site that is not currently being worked. Burrowing owls are known to occur in the vicinity and can nest in burrows found on agricultural and disturbed land. We request that focused surveys for burrowing owls within the project area and a surrounding SOO-foot buffer be conducted within a year prior to the onset of project impacts. If burrowing owls are found on site, we request that the final MND include measures to avoid them, or reduce the project-related biological impacts to a level less than significant. Furthermore, burrowing owls are known to establish nests in pipes, culverts, and/or debris piles on active construction sites. If burrowing owls are detected, we recommend that the MND include the following mitigation measures to avoid, minimize, and adequately mitigate for impacts to this species: "To ensure that no direct or indirect-impacts to nesting burrowing owls occur during construction, construction activities within the area of potential effect for nesting habitat should occur outside of the burrowing owl's breeding season (April 15 to July 31), or sooner if a qualified biologist demonstrates to the satisfaction of the Wildlife Agencies that all nesting is complete. If construction must occur during the breeding season, pre- construction surveys (in accordance with accepted survey protocols) must be performed by a City-approved biologist to determine the presence or absence of active burrows/nests within all suitable habitat prior to the initiation of construction-related activities. The pre-construction surveys must be conducted within 10 calendar days prior to the start of construction, and results submitted to the City for review and approval prior to initiating any construction activities. If burrowing owls are detected, a mitigation plan shall be prepared by a City-approved biologist and submitted to the City for review and approval. The applicant shall implement the mitigation plan to the satisfaction of the City to ensure that disturbance of breeding activities is reduced to a level less than significant. Construction setbacks of300 feet from occupied burrows or artificial nests (e.g., inside construction debris piles or pipes) shall be implemented until the young are completely independent of the nest. A bio-monitor must be on site during construction until all young have fledged to minimize construction impacts and ensure that no nests are removed or disturbed and no nesting activities are disrupted. If an active burrow is found outside of the 7-76 12/03/2007 Page 2 of2 breeding season, or after an active nest is determined to no longer be active by a qualified biologist, the burrowing owl will be relocated in coordination with the Wildlife Agencies." Thank you for considering our comments on this MND. [fyou have any questions or comments pertaining to this letter, please contact Amber Himes (Department ofFish and Game) at (858) 637-7100 or Cara McGary (U.S. Fish and Wildlife Service) at (760) 431-9440. Sincerely, Amber Himes Cara McGary Cara McGary Fish and Wildlife Biologist Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92011 phone: (760) 431-9440 ex!. 374 fax: (760) 431-5901 email: cara_mcgary@fws.gov 7-77 12/03/2007 ~\~ -?- -- ENVIRONMENTAL CHECKLIST FORM CllYOF CHULA VISfA 1. Name of Proponent: High Tech High Learning 2. Lead Agency Name and Address: City ofChula Vista Plmming and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Addresses and Phone Number of Proponent: 2861 Womble Road San Diego, Ca 92106 4. Name of Proposal: High Tech High University Park 5. Date of Checklist: November I, 2007 6. Case No. IS-07 -014 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Than With Issues: Significant MitigatioD Significant No Impact Impact Incorporated Impact L AESTHETICS. Would the project a) Have a substantial adverse effect on a scenic vista? 0 0 0 X b) SubstantWly damage scenic resources, including, but 0 0 0 X not limited to, tress, rock outcroppings, and histone buildings within a state scenic highway? c) SubstantWly degrade the existing visual character or 0 0 X 0 quality of the site and its surroundings? d) Create a new source of substantial light or glare, o o X o 7-78 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact which would adversely affect day or nighttime '~ews in the area? Comments: a-d) No scenic vistas are located within, adjacent to, or in the vicinity of the proposed school site. No substantial damage to scenic resources would result with the development of the proposed project. Hunte Parkway is considered a scenic roadway. Scenic resources associated with this roadway include San Miguel Mountains to the north, Jamul Mountains to the east, San Y sidro Mountains to the northeast, and the Salt Creek Corridor. Scenic resources would not be significantly impacted given the project's pad elevation relative to the elevation of Hunte Parkway (Hunte Parkway is generally situated 15 feet above the project site). As such, although the project would be visible from portions of Hunte Parkway and Village II, the proposed buildings would not substantially obstruct or block views to the surrounding mountains from Hunte Parkway or the Village II development. An evaluation of the project's impact to steep slopes is provided in Section E of the MND. The project will be required to comply with the light and glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CVMC). Compliance with these regulations will ensure that no significant glare, or light would affect daytime or nighttime views in the surrounding residential neighborhood area or adjacent roadways. Project will be reviewed by the Chula Vista Design Review Commission (DRC) to further ensure compatibility with the aesthetic quality of the community. The impacts of the off-site borrow area was considered in the analysis of landform alteration and aesthetics impacts. The borrow area would be used to provide fill for the school site in order to create a sUitable building pad. The proposed borrow site consists of approximately 12 acres of former agricultural lands and would provide approximately 400,000 cubic yards of fill. Grading of the borrow site would not obstruct or damage a designated scenic vista and/or view nor would the site obstruct a view from a designated scenic roadway. Grading of the borrow area would be performed to maintain a low ridge line running north to south in order to retain the existing character of the site. Following grading activities, the site would be hydroseed with a species mixture comparable to that of pre-graded conditions. It should be noted that the proposed project site is bordered to the west, south, and east by future development areas associated with the University Campus. The borrow area and manufactured slopes associated with the proposed project would be temporary in status given that the development of the University Campus will ultimately encompass the surrounding areas. Impacts to aesthetic resources are considered less than significant. A Statement of Overriding Considerations (SOC) was adopted for the Otay Ranch General Development Plan (GDP) in October 1993 that addressed impacts to Landform Alteration/Aesthetics. Thus, the change in visual character within these areas of Otay Ranch have been assumed, considered and approved through the adoption of the Statement of Overriding Considerations for the Otay Ranch GDP. The construction of the proposed project and use of the borrow site would not result in any new significant or cumulative impacts that were not contemplated in the SOC nor increase the severity of any identified impacts in EIR 90-01. Mitigation: No mitigation measures are required. 7-79 Issues: II. AGRlCULTURAL RESOURCES. In determining whether unpacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project a) Convert Prime Fannland, Unique Fannland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Fannland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Potentially Significant Impact o o o Less Than Significant With Mitigation Incorporated o o o Less Than Significant Impact o o o No Impact x x x 7-80 Issues: Potentially Significant Impact Less Than Significant Witb Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-c) The project site and borrow area do not contain Prime Farmland, Farmland of Statewide Importance, or Unique Farmland. The project site and associated borrow areas are not currently in production and are no longer zoned for agriculture. Additionally, the Otay Ranch General Development Plan (GDP) further states that agricultural uses are allowed as an interim use and that long-term agricultural uses are not planned for this area. Following grading activities, the borrow site would be hydroseed with a species mixture comparable to that of pre-graded conditions. Therefore, impacts to agricultural resources are not significant because the proposed project would not require or result in the conversion of prime farmland or farmland of statewide importance. A Statement of Overriding Considerations (SOCs) was adopted for the Otay Ranch GDP in October 1993 that addressed impacts to agricultural resources within the development area of the proposed project and associated borrow site. Thus, the loss of agricultural land within this area has been assumed, considered and approved through the adoption of the Statement of Overriding Considerations for the Otay Ranch GDP. The construction of the proposed project would not result in any new significant cumulative impacts that were not contemplated in the SOCs nor increase the severity of any identified impacts in EIR 90-01. Mitieation: No mitigation measures are required. III.AIR QUAliTY. Where avaihble, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project; a) Conflict with or obstruct implementation of the applicable air quality plan? o o x o b) Violate any air quality stmdard or contribute substantially to an existing or projected air quality violation? o o x o c) Result in a cumulatively considerable net increase of any criteria pollutmt 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 prea.rrsors)? o o x o 7-81 Issues: d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odots affecting a substantial number of people? Comments: a-e) See Mitigated Negative Declaration, Section E. Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 X 0 0 o o o X Mitil!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level of less than significance. IV. BIOLOGICAL RESOURCES. project: Would the a) Have a substantial acivetse effect, either directly or through habitat modifications, on any speCles 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 advetse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? o o x o o o o x 7-82 Issues: 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 poo~ coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ~ Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: a-f) See Mitigated Negative Declaration, Section E. Potentia.lly Significant Impact Less Than Significant Witb Mitigation Incorporated No impact Less Tban Significant Impact o o o x o o o x o o o x o o o x Mitie:ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant biological resources impacts to a level of less than significance. V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in ~ 150M.5? o o o x 7-83 Issues: b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ~ 15064.5? c) Directly or indirectly destroy a unique paleontological reSOUlce or site or unique geologic feature? d) Disturb any human remains, including those interred outside of fonnal cemeteries? Comments: a-d) See Mitigated Negative Declaration, Section E. Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o x o o o x o o o x Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to paleontological resources to a level of less than significance. VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. o o o x 7-84 Issues: 11. Strong seismic ground shaking? Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact ill. Seismic-related liquefaction' including Less Tban Significant Impact o o x o ground failure, IV. Landslides' o x D D b) Result in substantial soil erosion or the loss of topsoil? o o x o c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on. or off. site landslide, lateral spreading, subsidence, liquefaction or collapse? o o o d) Be located on expansive soil, as defined in Table IS.I.B of the Uniform Building Code (1994), creating substantial risks to life or property? x e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? o D x D Comments: a-d) See Mitigated Negative Declaration, Section E. D D x D D D D x d) The project does not propose the use of septic tanks or alternative wastewater disposal systems. Sewer services will be provided by the City of Chula Vista. Therefore, development of the proposed project will not result in impacts associated with the use of septic tanks or alterative wastewater disposal systems. Mitigation: See Mitigated Negative Declaration, Section F. VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: 7-85 Issues: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Potentially Significant Impact o o o o o o o Less Than Significant With Mitigation Incorporated o o o o o o o Less Than Significant Impact o x o o o o o No Impact x o x x x x x b) Create a significant hazard to the public or the enVlronment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Q For a project within the Vlctruty of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 7-86 Issues: h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments:: Less Than Potentially Significant Less Tban With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 X a;c-h) The project proposal involves the development of an educational campus facility. Development of the proposed project would not pose a health hazard to humans. The project site and its surroundings are designated for development according to the General Plan, Zoning Ordinance and adopted MSCP Subarea Plan. The project site is not located adjacent to any designated Wildland areas and is located approximately 2,300 feet from the SDG&E transmission line corridor. No significant hazards to human health safety would be created as a result of the proposed project. b) See Mitigated Negative Declaration, Section E. Mitil!ation: No Mitigation Measures are required. VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Result in an increase in polluunt 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 sundards or waste discharge requirements? b) Subsuntially deplete groundwater supplies or interfere subsuntially with groundwater recharge such that there would be a net deficit in aquifer volwne or a lowering of the local groundwater uble level (e.g., the production rate of pre-exisring nearby wells would drop to a level which would not support existing land uses or planned uses for which pennits have been granted)> Result in a potentially D D x D D o x D 7-87 Issues; 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 on- 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-I) See Mitigated Negative Declaration, Section E. Potentially Significant Impact D D D D Mitil!ation: See Mitigated Negative Declaration, Section F. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? D Less Than Significant With Mitigation Incorporated X D D D D Less Than Significant Impact D X o X D No impact o o x o x 7-88 issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No impact b) Conllict 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 x o c) Conllict with any applicable habitat conservation plan or natutal community conservation plan? o o x o Comments: a) The school site is located in an urbanizing area and would be developed consistent with the existing residential community to the north and the character envisioned for the future University Campus. The project would not disrupt or divide an established community nor would the project conflict or interfere with the overall development of the future University Campus SPA Plan. b) The proposed school is consistent with the goals, objectives, and policies of the City's General Plan and Otay Ranch General Development Plan (GDP) for the establishment of educational and/or research institutions within this area. A redesignation of the proposed school site from Planned Community (PC) zone to Public/Quasi-Public (P-Q) zone is proposed to allow for a public use within the University Campus area prior to the processing of the University Campus SPA Plan. c) The project site and borrow site are located within a development area of a Covered Project within the City's MSCP Subarea Plan. Therefore the project would not conflict with the goals and standards of the City's MSCP Subarea Plan. Refer to Section E of the MND for a discussion regarding the project's potential to impact sensitive biological resources. Mitigation: No mitigation measures are required. X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral o o o x 7-89 issues: resource that would be of value to the region and the residents of the stlte' 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 Signulcant Impact Less Tban Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o x a) The project site is undisturbed and has not been used for mining purposes. In addition, the site is not designated as a site for mineral resources; therefore, 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) Pursuant to the Environmental Impact Report for the City of Chula Vista General Plan, the State of California Department of Conservation has not designated the project site for mineral resource protection. Therefore, development of the proposed project would not result in the loss of availability of a locally-important mineral resource recovery. Mitieation: No mitigation measures are required. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of stlndards established in the local general plan or noise ordinance, or applicable stlndards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levds in the project vicinity abo-v"e o o o x o o x o o x o o o o x o 7-90 Issues: levels existing without the project) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? D For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Comments: a-d) See Mitigated Negative Declaration, Section E. Potentially Significant Impact Less Tban Significant Witb Mitigation Incorporated No impact Less Than Significant Impact o o o x o o o x e-f) The proposed project is not located within 2 miles of a public/private airstrip. Therefore, the project would not expose students and/or employees in the project area to excessive noise levels associate with airport operations. Mitil!ation: See Mitigated Negative Declaration, Section F. XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either direcdy (for example, by proposing new homes and businesses) or indirecdy (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement o o o x o o o x o o o x 7-91 Issues: Potentially Significant Impact Less Than Signilic3nt With Mitigation Incorporated Less Than Significant Impact No Impact housing elsewhere? Comments: a-c) The proposed project does not involve any residential development that would induce substantial population growth in the area or require substantial infrastructure improvements. No permanent housing exists on the project site and no displacement of housing or person would occur as a result of the proposed project. Based upon the type of the proposal, no population growth inducement is would result. Mitigation: No mitigation measures are required. XllI. PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new ot physically altered governmental facilities, need fot 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 perfonnance objectives for any public services: Fire protection? D D x D Police protection? D D x D Schools? D D D x Parks? D D D x Other public facilities? D D D x 7-92 Issues: Potentially Significant Impact Less Tban Significant Witb Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) Adequate fIre protection services and response times can continue to be provided to the site without an increase of equipment or personnel. The applicant is required to comply with the Fire Department policies for new building construction and fIre prevention. The proposed project would not have a signifIcant effect upon or result in a need for new or altered fIre protection services. The City performance objectives and thresholds will continue to be met. b) Adequate police protection services and response times 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 performance objectives and thresholds will continue to be met. c) The proposed project would not induce population growth; therefore, no signifIcant adverse impacts to public schools would result. According to the Chula Vista School District letter, the applicant would not be required to pay the statutory building permit school fees for the non-residential construction/proposed buildings. d) The proposed project would not induce population growth; therefore, the project would not have an impact on or create a demand for neighborhood or regional parks or facilities or impact existing park facilities. e) The proposed project would not have an impact on or result in a need for new or expanded governmental services and would be served by existing or planned public infrastructure. Mitigation: No mitigation measures are required. XIV. RECREATION. Would the project a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? o o o x 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 x 7-93 Issues: Comments: Potentially Significant Impact Less Tban Significant Witb Mitigation Incorporated No Impact Less Tban Significant Impact a) Because the proposed project would not induce population growth, it would not create a demand for neighborhood or regional parks or facilities, nor impact existing neighborhood parks or recreational facilities. b) The project does not include the construction or expansion of recreational facilities. According to the Parks and Recreation Element of the General Plan, the project site is not planned for any future parks and recreation facilities or programs. Mitil!ation: No mitigation measures are required. 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 number of vehicle trips, the volume to capacity ratio on roads, or congesnon at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways:> c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change 111 location that results in substantial safety risks:> d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access:> f) Result in inadequate parking capacity' o o o x o o o x o o x o o o x o o o o x o o o x 7-94 Issues: g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: a-g) See Mitigated Negative Declaration, Section E. Less Tban Potentially Significant Less Tban Witb Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 X 0 Mitil!ation: See Mitigated Negative Declaration, Section F. XVI. UTIUTIES 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 o o X o o o x o o o x o o o x o o o x o 7-95 Issues: commitments? t) Be served by a landfill with sufficient pennined capacity to accommodate the project's solid waste disposal needs? g) Comply with fedetal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact D D Less Than Significant With Mitigation Incorporated D D Less Than Significaot Impact x x No Impact D D 7-96 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significiot Impact No Impact Comments: a) The project site is located within an urbanizing area that can be served by all necessary utilities and service systems. No exceedance of wastewater requirements of the Regional Water Quality Control Board would result from the proposed project. b) See XVLa. No construction of new water or wastewater treatment facilities or the expansion of existing facilities would be necessary. c) The proposed project is subject to the NPDES General Construction Permit requirements and shall obtain permit coverage and develop a Storm Water Pollution Prevention Plan (SWPPP) prior to the issuance of grading permits. The project is required to implement Best Management Practices to prevent pollution of storm drainage systems and comply with the City's Storm Water Management Requirements. See Mitigated Negative Declaration, Section E. Refer to the Hydrology and Water Quality Section addressing existing and proposed storm water facilities. d) The project site is within the potable water service area of the Otay Water District. Pursuant to correspondence from the Otay Water District, the project may be serviced from existing potable water mains. No new or expanded entitlements are required for the proposed project. e) See XV La. and b. f) The project will be served by Pacific Waste Services. Solid waste generated by the project will be disposed at the Otay Landfill. The development would not generate a significant amount of solid waste that would exceed the capacity of the Otay Landfill. The applicant will be required to implement a recycling program for the proposed campus facility. Therefore, impacts to the Otay Landfill's capacity are less than significant. g) The proposal would comply with federal, state and local regulations related to solid waste. Mitigation: See Section E of the Mitigated Negative Declaration; refer to the Hydrology and Water Quality Section. The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate identified storm water/storm drainage and water quality impacts to a level ofless than significance. XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A. ~ o o o x 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 buiIdout The construction of said facilities shall be 7-97 Issues: phased such that the City will not fall below the city- ""de ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. B) Police a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (I) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. b) Respond to 57 percent of ''Priority Two" UIgent calls within seven (J) minutes and maintain an average response time to all ''Priority Two" calls of 7.5 minutes or less. C) Fire and Emer~en'Y Meclical 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 hoUIS of the day at signalized intersections. Signalized intersections west of 1-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F' during the average weekday peak hoUI. 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 facilities /1,000 population east of 1-805. F) Drainage The Threshold Standards require that storm water flows and volumes not exceed Cay Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plants) and City Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporated o o o o o Less Than SignifiCant Impact x x x o x No Impact o o o x D 7-98 Issues: 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. H) Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrencly with plalU1ed 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. Potentially Significant Impact D D Less Tban Significant Witb Mitigation Incorporated D D Less Tban Significant Impact x x No Impact D D 7-99 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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 tire 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 cwnulative impact. No adverse impact to the City's Fire and Emergency Medical Threshold standards would occur as a result of the proposed project. d) See Mitigated Negative Declaration, Section E; refer to the Transportation/Circulation Section addressing project generated traffic conditions. Based upon the review of the proposed project design and traffic study no adverse impacts 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 and would not impact existing or proposed recreational facilities. No adverse impacts to the City's recreational threshold standards will occur as a result of the proposed project. f) See Mitigation Declaration, Section E. Based upon the review of the project and preliminary hydrology study, the Engineering Department has determined that there are no significant issues regarding the proposed drainage improvements of the project site. The proposed 00- and off-site drainage improvements include the installation of a new storm drain system including brow ditchs, grass swales, biretention areas, catch basins, a series of inlets and piping, energy dissipaters, and subdrains. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. g) The project site is within the boundaries of the City of Chula Vista wastewater services area. The proposed project will connect to an existing 8" sewer line along Hunte Patkway. Based on a maxiromn flow of half-full per the City's Design Guidelines, the existing 8" sewer pipe has a capacity of 0.42 MGD. The calculated flow rate feeding the existing line is approximately 0.21 million gallons per day. The High-Tech High Campus will add 0.06 MGD to the existing line, creating a total capacity of 0.27, which is below the City's design capacity for the existing 8" sewedine. Based upon the review of the project and preliminary sewer study, the City's Engineering Department has determined that there are no significant issues regarding the proposed sewer improvements of the project site. g) The project site is within the potable water service area of the Otay Water District. Pursuant to correspondence from the Otay Water District, the project may be serviced from the existing water mains within Hunte Patkway in addition to proposed new service systems designed in accordance with Otay Water District standards and required City conditions of the project. No significant impacts to existing facility systems or the City's water threshold standards will occur as a result of the proposed project. Mitigation: No additional mitigation measures are required. 7-100 Issues: XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potenrm to degrade the quality of the environment, substantially teduce the habitat of a fish Ot wildlife species, cause a fish Ot 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 incremenrnl effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects which '\vill cause substantial adverse effects on human beings, either direcily or indirecily? Comments: Potentially Sigiiificliiit Impact Less Tban Significant Witb Mitigation Incorporated No Impact Less Tban Significaiit Impact o o x o o o x o o x o o a) See Mitigated Negative Declaration, Section E. Potential short-term construction impacts are addressed in the Mitigated Negative Declaration, Section E, under Biological Resources. b) No cumulatively considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future projects, have been identified. c) 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: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to a level of less than significance. 7-101 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Exhibit I, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration IS-07 -014 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 in Mitigated Negative Declaration (IS-07-0I4), 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. N/A Printed Name and Title of Authorized Representative of [Property Owner's Name] N/A Signature of Authorized Representative of [Property Owner's Name] Date -sf u\ \tJ v\~ ~C;<:: I C 00 Printed Name and Title of [Operator if dif ent from Property Owner] utho lzed Representative of fferent from Property Owner] \ 1-/ I 0 ( at Date 7-102 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. 0 Land Use and Planning X TransportationfT raffic 0 Public Services 0 Population and Housing X Biological Resources 0 Utilities and Service Systems X Geophysical 0 Energy and Mineral 0 Aesthetics Resources 0 Agricultural Resources X HydrologyfWater 0 Hazards and Hazardous X Cultural Resources Materials IPaleontological Resources X Air Quality X Noise 0 Recreation o Threshold Standards 0 Mandatory Findings of Significance 7-103 XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the environment, and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, and an Environmental Impact Report is required. I find that the proposed project may have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declara9,on, including revisions or mitigation measures that are imposed upon the proposy"<}project, nothing further is required. /1/II.l / Lvw' ( I I f lZ--i II lOr Date l Glen La e Senior Planner City ofChula Vista J:\Planning\GLaube\Otay Ranch\High Tech High\MND\Final\FINAL~ IS-07-014_HTH_CHKLIST _12-11-07.doc D x D D D 7-104 ~erf\+ 4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION MND (IS-07-014) FOR THE HIGH TECH HIGH UNIVERSITY PARK PROJECT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, High Tech High Learning, submitted applications requesting approvals for a Rezone from Planned Community (PC) to Public/Quasi Public (PQ), and a Conditional Use Permit, for a lO-acre Public Charter High School and ElementarylMiddle School facility ("Project") located at the southeastern comer of the Hunte Parkway / Discovery Falls Drive intersection; and WHEREAS, on July 13, 2007, a Notice of Initial Study (N0l) was circulated to property owners and residents within a 500-foot radius of the proposed project site; and WHEREAS, Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study (IS- 07-014) 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 impacts 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 (MND IS-07-014) and associated Mitigation Monitoring and Reporting Prograrn (MMRP); and WHEREAS, on November 7,2007, a Notice of Availability (NOA) for Draft MND IS-07- 014 was posted at the County of San Diego Clerks Office and circulated for a 30-day public review period to property owners and residents within a 500-foot radius of the proposed project site as well as any individuals and/or groups that had requested to be noticed; and WHEREAS, the Chula Vista Resource Conservation Committee held a duly noticed public hearing for Draft MND IS-07-014 on November, 192007 and voted 4-0-1-2 recommending that the City Council certify MND 07-014 and adopt the MMRP; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Final MND IS-07-014 on December 18, 2007 and voted X-X-X-X recommending that the City Council adopt Final MND 07-014 and adopt the MMRP in accordance with Resolution and WHEREAS, the Chula Vista City Council held a duly noticed public hearing for the Final MND IS-07-014 and MMRP on December 18, 2007; and WHEREAS, the City Council considered Final MND IS-07-014 together with any comments received during the public review process; and 7-105 WHEREAS, the Final MND IS-07-014 and other related materials are located in the Planning and Building Department and maintained by the custodian of said documents who is the Director of Planning and Building. This constitutes the record of proceedings upon which this adoption of Final MND IS-07-014 is based. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on Final MND 07-014 held on December 18, 2007, as well as the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code 921000 et seq) II. MND IS-07-014 CONTENTS That the MND IS-07-014 consists of the following: 1. Initial Study Checklist IS-07-014; and 2. Mitigated Negative Declaration IS-07-0140 (including supporting technical reports) 3. Comments and Responses 4. Mitigation Monitoring and Reporting Program (All hereafter collectively referred to as "MND IS-07-014") III. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby find that MND IS-07-014 (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program are prepared in accordance with the requirements of CEQA (Pub. Resources Code, S21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 SI5000 et seq.), and the Environmental Review Procedures of the City ofChula Vista. Mitigation Measures Feasible and Adopted As more fully identified and set forth in MND IS-07-014, the City Council hereby finds pursuant to Public Resources Code Section 21080(c)(2) and CEQA Guidelines Section 15074.1 that the mitigation measures described in the above referenced documents are feasible and will become binding upon the entity assigned thereby to implement the same. 7-106 Adoption of Mitigation Monitoring and Reporting Program As required by Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program (Program) set forth in MND IS-07-014. The City Council further finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties implement the project components and comply with the mitigation measures identified MND IS-07-014 and associated Program. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and hereby finds on the basis of the whole record before it that there is no substantial evidence that the project will have a significant effect on the environment and concurs with the Planning Commission and Environmental Review Coordinator's determination that Mitigated Negative Declaration IS-07-014 in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA) the State CEQA Guidelines and the Environmental Review Procedures of the City ofChula Vista and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS- 07-014). V. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City ofChula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code g21000 et seq.). BE IT FURTHER RESOL VED THAT the City Council of the City of Chula Vista finds that the MND IS-07-014 and Mitigation Monitoring and Reporting Program have been prepared in accordance with the requirements of CEQA (public Resources Code Section 21000 et seq.), CEQA Guidelines (California Code Regs. Title 14 Section 15000 et seq.), and the Environmental Review Procedures of the CityofChula Vista, and therefore is adopted. Presented by Approved as to form by James D. Sandoval, AICP Planning and Building Director Ann Moore City Attorney Exhibit A Mitigated Negative Declaration IS-07-014 7-107 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of December, 2007, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Cheryl Cox, Mayor ATTEST: Susan Bigelow, City Clerk ST ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of December, 2007. Executed this 18th day of December, 2007. Susan Bigelow, City Clerk J :\PLANNINGIHAROLDlREsOLVTlONSIIS-07-0 14MNDREso.DOC 7-108 ~lYle,n+-S ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY 19.18.010 AND APPROVING A ZONE CHANGE RE-ZONING 10-ACRES OF LAND FROM PLANNED COMMUNITY (PC) TO PUBLIC QUASI PUBLIC (PQ), LOCATED AT THE SOUTHEAST CORNER OF THE DISCOVERY FALLS DRIVE EXTENSION AND HUNTE PARKWAY WITHIN OTAY RANCH UNIVERSITY PLANNING AREA 10. WHEREAS, the subject matter of this Ordinance is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the project area is identified as Exhibit "A," attached hereto; and, WHEREAS, an application was made by High Tech High Learning ("Applicant") to amend the Zoning Map was filed with the City of Chula Vista Planning and Building Department on October 17, 2006; and, WHEREAS, the applicant proposes to rezone the 10-acre project area that is located within Otay Ranch University Planning Area 10 from Planned Community (PC) to Public Quasi-Public (PQ) ("Project"); and, WHEREAS, the 1 O-acre proj ect site is owned by the City of Chula Vista, and on January 23, 2007, the City Council approved a lease with High Tech High Learning for a 50-year term, with two 25-year options at a rate of $1 per year; and, WHEREAS, the structure ofthe lease will allow the City to retain long-term ownership and control of the property, while High Tech High Learning will be responsible for all costs associated with the development and maintenance of their facilities; 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- 07-014) 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 impacts 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 (MND 1S-07-014) and associated Mitigation Monitoring and Reporting Program (MMRP); and, WHEREAS, the Planning Commission recommended approval of the project at a public hearing held at a time and place advertised, namely 5:00 pm on December 18,2007, in the Lee Conference Room, 430 F Street; and, 7-109 Ordinance No. Page 2 WHEREAS, the City Council set the time and place for a hearing on said zone change (PCZ-07-03) 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 Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. December 18,2007, in the Council Chambers, 276 Fourth Avenue and said hearing was thereafter closed. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as follows: I. ACTION Hereby amends the Zoning Map, re-zoning the IO-acre project site for the High Tech High Learning campus from Planned Community (PC) to Public Quasi-Public (PQ), finding that it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. II. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Jim Sandoval Planning and Building Director Ann Moore City Attorney 7-110 Ordinance No. Page 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of December 2007, by the following vote: AYES: Council members: NAYS: Council members: ABSENT: Council members: ABSTAIN: Council members: Cheryl Cox, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of December 2007. Executed this 18th day of December 2007. Susan Bigelow, City Clerk J :IPLANNINGIHAROLD\REsOLUTIONSIPCZ-07-03CCORD.DOC 7-111 ~M~ RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT, PCC-07-024, TO HIGH TECH HIGH SCHOOL LEARNING, LOCATED AT THE SOUTHEAST CORNER OF THE DISCOVERY FALLS DRIVE EXTENSION AND HUNTE PARKWAY. A. RECIT ALS I. Project Site WHEREAS, the parcels which are the subject matter of this resolution are represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description are located at the southeast corner of Discovery Falls Drive Extension and Hunte Parkway, APN 643-070-10-00 ("Project Site"); and 2. Project Applicant WHEREAS, on October 17, 2006 a duly verified application for a Zone Change and Conditional Use Permit (PCC-07-024) was filed with the City of Chula Vista Planning Department by High Tech High Learning ("Applicant"); and 3. Project Description; Environmental Determination WHEREAS, said Applicant requests permission to construct a Public Charter High School, ElementarylMiddle School, and Environmental Learning Center ("Project") on a 10-acre property located on said Project Site; and WHEREAS, said Applicant requests a rezone of the property from Planned Community (PC) to Public Quasi Public (PQ), which would provide for a Conditional Use Permit approval to authorize construction of a Public Charter High School, ElementarylMiddle School, and Environmental Learning Center on a IO-acre property located on said Project Site; and WHEREAS, Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study (IS-07-014) 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 impacts 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 (MND IS-07-014) and associated Mitigation Monitoring and Reporting Program (MMRP); and 7-112 Resolution No. Page 2 4. Planning Commission Record of Application WHEREAS, a hearing time and place was set by the Planning Commission for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 18, 2007 and recommended that the City Council approve the Project in accordance with Planning Commission Resolution No. PCC-07-024; and WHEREAS, the Planning Commission reviewed and considered the Mitigated Negative Declaration (MND 1S-07-014) and associated Mitigation Monitoring and Reporting Program (MMRP), along with the applications for a Zone Change (PCZ-07- 03), and a Conditional Use Permit (PCC-07-024); and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of X-X-X-X that the City of Chula Vista City Council adopt Mitigated Negative Declaration (MND 18-07-014) and associated Mitigation Monitoring and Reporting Program (MMRP) and approve the Zone Change (PCZ-07-03) and the Conditional Use Permit (PCC-07-024); and WHEREAS, the applicant has requested that the Planning Commission motion and vote to approve the Project, along with any relevant comment be forward to the City Council for their consideration at a public hearing to be held immediately following the Planning Commission action; and 5. City Council Record of Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on December 18,2007; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. WHEREAS, the City Council of the City of Chula Vista reviewed and considered the Mitigated Negative Declaration (MND 18-07-014) and associated Mitigation Monitoring and Reporting Program (MMRP), Zone Change (PCZ-07-03), and Conditional Use Permit (PCC-07-024); and 7-113 Resolution No. Page 3 WHEREAS, the City Council of the City of Chula Vista after considering all evidence and testimony presented voted X-X-X-X to adopt Mitigated Negative Declaration (MND IS-07-0l4) and associated Mitigation Monitoring and Reporting Program (MMRP) and to approve the Zone Change (PCZ-07-03) and the Conditional Use Permit (PCC-07 -024) based on the findings and in accordance with the conditions listed below. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and order as follows: B. PLANNING COMMISSION RECORD Record of the proceedings of the Planning Commission at their public hearing on December 18, 2007, including their vote upon Planning Commission Resolution No. PCC-07-024 recommending approval, along with any relevant comments, have been provided to the City Council and are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. C. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required pursuant to the Chula Vista Municipal Code (CVMC 19.14.080) for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. I. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposal by High Tech High is strategically aligned with the goals and objectives of the UPRC and the City of Chula Vista, and will enhance the efforts of the City to develop the UPRC as an area where synergies between educational institutions and the high tech industry will develop and be fostered. HTH Learning is a high profile charter organization with an established reputation for engaging regional and national commercial sector and non-profit partners. The presence of HTH Learning in the UPRC may increase the visibility of the UPRC and assist the City in its efforts to seek out education partners at all levels of academia, furthering the goals and objectives the City Council has established for the development of the UPRC. The primary goals of the High Tech High Environmental program at this location are to provide students with relevant academic and workplace skills, to prepare graduates for rewarding lives in an increasingly technological and global society, and to increase the number of low income and minority students who succeed in 7-114 Resolution No. Page 4 high school and postsecondary education and who become productive members and leaders in the high-technology industries. The HTH Learning project will be the first project to be developed in the City's University Park and Research Center (UPRC). This project will help establish the UPRC with an academic facility, promote future environmental studies, and pave the way for prototype sustainable development occurring in Chula Vista. With the presence of HTH Learning High School, ElementarylMiddle School, and Environmental Learning Center, the UPRC will eventually offer unique collaborative opportunities between education and research facilities. It is anticipated that HTH Learning will also provide and promote interactivity between the future University and the proposed High School Environmental Research Center and ElementarylMiddle School carnpus. The proposed schools' academic mission and research facilities will provide future collaboration and research opportunities with the National Energy Center for Sustainable Communities, which will also be located at the University Park and Research Center (UPRC), as well as future academic partners within the campus. The proposal by High Tech High is strategically aligned with the goals and objectives of the UPRC and the City ofChula Vista, and will enhance the efforts of the City to develop the UPRC. Based on the compatibility between the goals of the UPRC and HTH, the proposed Public Charter High School and ElementarylMiddle School facility is a desirable land use that will contribute to the future University Park land use as well as the general well being of the surrounding Otay Ranch community and the South Bay region. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed Public Charter High School and ElernentarylMiddle School facility will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The use is subject to conditions that will provide the necessary controls and maintenance of the facilities so that activities On the site shall not become detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. 7-115 Resolution No. Page 5 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed Public Charter High School and ElementarylMiddle School facility will be developed and maintained in compliance with the Otay Ranch General Development Plan (GDP) and the Zoning Code as well as the conditions specified in this Conditional Use Permit. The conditions of approval require compliance with all applicable codes and regulations on an on-going basis for use of the facilities on the proposed project site. In addition, this project site may be included within the Sectional Planning Area (SPA) Plan to be developed for the surrounding University Planning Area 10, and as such will be required to be maintained in compliance with the regulations and conditions specified in that future document 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The granting of this permit will not require amendments to the Chula Vista General Plan, or the Otay Ranch General Development Plan, and as such does not affect the future long-range planning of the University Park Planning Area 10 as the future land use surrounding the project site. This project site may be included within the Sectional Planning Area (SPA) Plan to be developed for the surrounding University Planning Area 10, and as such will be required to be maintained in compliance with the regulations and conditions specified in that future document, such that it will not adversely affect said University SPA Plan. D. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-07-024 subject to the following conditions whereby the Applicant shall: 1. The subject property ("Project") shall be developed and maintained in conformance with the approved application, plans, and specifications. Any proposed changes to the approved plans or specifications will require review and approval for a substantial conformance and/or changes/modification to this Conditional Use Permit 2. The Applicant shall comply with the following project description and hours of operation: The primary hours of operation for the two proposed schools will be from 8:30 AM to 4:00 PM Monday through Friday. Limited ancillary activities offered before and after school hours and weekends and holidays are anticipated as welL The start and end times for the High School and ElementarylMiddle School shall be staggered to minimize traffic congestion during peak drop-off and pick-up times. 3. The Applicant shall comply with the table provided in the Mitigated Negative Declaration showing the phasing plan for the High School and ElementarylMiddle School and comply with the maximum student capacities for 550 High School students and 700 ElementarylMiddle School students. 7-116 Resolution No. Page 6 4. The Applicant shall provide planting and irrigation plans. All planting, excluding the hydro-seed mix turf groundcover, shall be on permanent irrigation systems. Provide planting and irrigation plans in conformance with the conditions of approval for review and approval by the Landscape Planner prior to issuance of building permit. In addition, a water management plan shall be required in conjunction with the planting and irrigation plans for each phase for review and approval by the Landscape Planner prior to issuance of building permit. 5. The Applicant shall comply with all requirements of the Building Division, including the following: Submit architectural plans that are stamped and signed by a licensed architect. Plans shall include a site plan and building elevations that are consistent with this approval. Structural plans and calculations must be stamped and signed by a California Registered Civil/Structural Engineer. Project shall comply with 2007 CBC, CMC, CPC, and 2004 CEC. Seismic Zone 4, Wind Speed 70 MPH Exposure C. Soils Report Required. Project plans shall comply with 2001 Handicapped Accessibility Requirements, 2005 Energy requirements. 6. The Applicant shall provide a graffiti resistant treatment for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. 7. The Applicant shall submit a Lighting Plan for the facilities, which demonstrates that the proposed lighting will be shielded to remove any glare from adjacent properties. The lighting shall be maintained in conformance with Section 17.28.020 of the Municipal Code. 8. The Applicant shall implement, to the satisfaction of the Director of Planning and Building and the Environmental Review Coordinator, all mitigation measures identified in the Final Mitigated Negative Declaration (IS-07-014) and Mitigation Monitoring and Reporting Program in accordance with the requirements, provisions and schedules contained therein. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building and Environmental Review Coordinator. 9. The Applicant shall implement, to the satisfaction of the City Engineer and Director of Planning and Building, staggered school start and dismissal times to further alleviate traffic conditions during the peak drop off/pick-up period. 10. The Applicant shall provide a commercial trash enclosure large enough for solid waste, mixed paper, and a cart for food and beverage containers to meet the minimum 50 percent recycling requirement. Commercial properties must have trash enclosures, bins, or carts that meet design specifications. The locations and orientation of storage bins and dumpsters must be pre-approved by the City's Recycling Coordinator and 7-117 Resolution No. Page 7 the City franchise trash hauling company. Provide sufficient space for designated recyclables. A shared paper/cardboard bin, along with food and beverage container cart with other storage may be permitted by the City's Recycling Coordinator and the City franchise trash hauling company. II. The Applicant shall submit building plans designating a fire lane around the perimeter of the entire complex to the satisfaction of the Fire Marshal. Where alternative paving is proposed to be used on a portion of the fire lane, the surface and sub-surface treatment must be approved by the Fire Department. 12. The Applicant shall ensure that automatic gates at the front of the school along Hunte Parkway are equipped with both an Opticom Detection System and a Knox Key Switch override. In the event that a regular power source is lost, an alternative power source to operate the automatic gate shall be provided. 13. The Applicant shall provide a turn around to the satisfaction of the Fire Marshal. Prior to Phase Two the turnaround will be provided to the east side of the school. The turning radius shall be shown on building plans, which shall be reviewed and require approval by the Fire Marshal. 14. The Applicant shall obtain a security survey from the Crime Prevention Unit of the Police Department. Specific recommendations shall be provided for access control, surveillance detection, and police response. In addition, training of management and employees in security procedures and crime prevention shall coincide with the commencement of operations. 15. The following fees will be required based on the final building plans submitted: (a) Sewer Connection and Capacity Fees based on all new construction or additional plumbing fixtures, (b) Traffic Signal Fees, based on the difference between the existing and proposed use (c) Development Impact Fees (DIF), including the Salt Creek Sewer DIF, The Public Facilities DIF (PDIF), and The Transportation DIF (TDIF). 16. The Applicant shall ensure that the development of this project complies with all requirements of State Water Resources Control Board (SWRCB) NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity. In accordance with said Permit, a Storm Water Pollution Prevention Plan (SWPPP) and a Monitoring Program Plan shall be developed and implemented concurrent with the commencement of grading activities to the satisfaction of the City Engineer. The SWPPP shall specify both construction and post-construction structural and non-structural pollution prevention measures. The SWPPP shall provide for the operation and maintenance of post-construction pollution measures, including short-term and long-term funding sources and the party or parties that will be responsible for the implementation of said measures, which shall be subject to review and approval by the City Engineer. A complete and accurate Notice-of-intent (NO!) must be filed with the SWRCB. A 7-118 Resolution No. Page 8 copy of the acknowledgement from the SWRCB that a NO! has been received for this Project shall be filed with the City of Chula Vista when received. Further, a copy of the completed NO! from the SWRCB showing the Permit Number for this project shall be filed with the City of Chula Vista when received. Project shall comply with the permit and SWRCB. ! 7. Pursuant to NPDES Municipal Permit, Order No. 2001-01, the proposed Project is considered a Priority Development Project and therefore subject to the requirements of the Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria. The Applicant is required to complete the applicable forms (see City of Chula Vista's Development and Redevelopment Storm Water Management Requirements Manual) and comply with the Manual's requirements. 18. A Water Quality Technical Report is required to identify potential pollutants generated at the site during the post-development phase of the project and to identify/propose appropriate structural and non-structural Best Management Practices (BMPs) to minimize discharge of such pollutants to the maximum extent practicable. 19. The San Diego Regional Water Quality Control Board adopted a new National Pollutant Discharge Elimination System (NPDES) Municipal Permit for the San Diego Region in December 2006. Under the new permit, the Applicant may be subjected to additional requirements that the Applicant will be required to meet, depending on the time development takes place and the time at which the Applicant applies for building permits. 20. The internal circulation plan for the school shall be reviewed and approved by the City Engineer. 21. The site plan for the school shall not prevent the future placement of a pedestrian bridge over Hunte Parkway. Applicant shall provide pedestrian access to the future pedestrian bridge from the south to the satisfaction of the City Engineer. 22. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program and grading on file in the Planning Division, the conditions contained herein, and Title 19. 23. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 24. This Conditional Use Permit approval shall expire if building permits are not issued or the approved use has not commenced within one year from the date of this approval, unless a written request for an extension is received prior to the expiration date. 7-119 Resolution No. Page 9 25. All buildings, parking and landscaping shall be maintained according to the approved plans, unless modifications are approved by the City ofChula Vista. 26. The Hours of Operation shall be maintained according to the approved hours of operation tables, unless modifications are approved by the City of Chula Vista. 27. Fire lanes are to be maintained and have an unobstructed width of not less than 20-ft. width and 13-1/2-ft. vertical clearance. 28. Applicant shall maintain catch basin filters on site, which shall be periodically inspected as scheduled by the City of Chula Vista Engineering Department. 29. The Applicant shall comply with all applicable federal, state, and local requirements. Any violation of applicable City ordinances, codes, standards, and policies, or of any condition of approval shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. Violation of any terms or conditions set forth herein shall be grounds for revoking or denial of building permits. 30. This Conditional Use Permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permit- tee of a substantial revenue source from which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 31. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, injury, including personal injury, dismemberment or death, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising out of or related to, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. E. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(1), 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 7-120 Resolution No. Page 10 any such protest must be in a manner that complies with Section 66020 (a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other 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. F. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document will be filed within ten days of recordation with the City Clerk. The filing shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as document No. Signature of Property Owner Date Signature of Applicant Representative Date G. 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, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Jim Sandoval Planning and Building Director Ann Moore City Attorney 7-121 Resolution No. Page 11 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of December, 2007, by the following vote: AYES: Council members: NAYS: Council members: ABSENT: Council members: ABSTAIN: Council members: Cheryl Cox, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CllliLA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of December 2007. Executed this 18th day of December 2007. Susan Bigelow, City Clerk J :\PLANNINGIHAROLD\REsoLUTlONsIPCC-07-024CCREso.noc 7-122 ~\r?- -.- p-~ - ... - ~ \CHUiA VI~ P I ann n g & - _ twacJi~:;' BUIlding Department Planning Division I Development Processing APPLICATION . DEVELOPMENT PROCESSING . TYPE B Part I Phone: Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required to process this request.) DOwn 181 Lease 0 In escrow DOpUon to purchase 5--" k I c. C Engineer/Agent: -I.-A Address: 'l-t-!;S c.$<"rLJ'r,~',\- IV\'L," f;LJ SJ) '12''"- , { Type of Review Requested D General Plan Amendment o General Development Plan ONew (or) OAmendment D SPA/Specific Plan DNew (or) DAmendment 51' Zone Change o Tentative Subdivision Map o Annexation D Other: Contact ./ \j Phone: o Email address of primary contact Primary contact is: :-::')tt '::,,""" Project Name: General Description 0 roposed Project: SC\-d'c-~ <; 0..", J- n" _ 'Y\~~r<,,~l /' _ \ 0 ~ '(7 . I _ t ( '---\.L-C'\ 1"--\' ~('.'D.-- (V~'--_;-S ~ .V\' Proposed Use: v.. , 'hI, ( C\\(,,-\'v.s k, \ (Oo~l'-0 1-w; '--' ,c "^,,vk, Q r-,,'v: rG,~"{'v'\V' ,\'~_\ (:f \G~ r(~l-~., -----... ,,- . - r: y( --ho y,~ Subject Property Information (all types) Location/Street Address: S D,J~(J(; <;~- (0 (" i'JL.,'" -rJ..\- Assessors Parcel #: C/-t 3 -- 01-0 -' (0 Total Acreage: General Plan Designation; ~ ?c Planned Community (if applicable): LJ ,"\ -1 V uS I Current land Use: \J ('-. L.o::..", -\-- " I\~<;CC\W' c~ I-Lk Pr:.~~ Redevelopment Area (ir applicable): $, S (0,,-, _' 1-<--\1 ---l General plan Amendment c 00'\'2.(,) ~o ,c\'- CL-A-e.\ Within Montgomery Specific Plan? 0 Yes Proposed land Use Designation: ~ Justification for General Plan change: 276 Fourth Avenue (hula Vista I Caldornia 7-123 91910 (6191691-\10] 01f?- -~- - ~ APPLICATION . DEVELOPMENT PROCESSING . TYPE B Part 2 em OF CHUIA VISTA General Development Plan General Development Plan Name: Proposed Land Uses / Total Acres: Commercial / Parks / Community Purpose / Public/Quasi / Acres Acres Acres Industrial / Schools / Circulation / Acres Acres Acres Acres Open Space / Acres Residentiolf Range: Single Family Detached / Single family Attached / Duplexes / Apartments / Condominiums / to Units Acres to Units Acres to Units Acres to Units Acres to Units Acres to Units Acres TOTALS / Annexation Prezoning: LAFCO Reference #: Tentative Subdivision Map SubdIvision Name: CV Tract #: Minimum lot size: Number of units: Average lot size: Zone Change ~ Rezoning Proposed zoning: o Pre zoning 70. o Setback Authorization Print applicant name: SrJ WaIf4/(J ~ft.)fi fJo +hr-l LAV'1I") Date: loflLle., Applicant Signature: Print owner name.: Owner Signature.: Date: .Proof of ownership may be required. lener of consent may be provided in lieu of signature. 276 Fourth Avenue (hula Vista 1 California 7-124 91910 (6191 691~5101 R~, 5 03 Pq2!Z ~\r?- -1'- ..- .: P I ann n g & B u I d n g Department Plannll1g OlvislOll 0lY OF CHULA VISTA APPLICATION . DEVELOPMENT PROCESSING . TYPE A Part 1 T e of Review Re uested A licatian Information Applicant Name _H \ \-\ Applicant Address J.. '3 b \ Contact Name ifY\ 0.....0.... Le_Q''';f\~ 'WOrY\b\e KoaA So..l\1r, Phone ({, i '1) ~ Conditional Use Permit g. Design Review o Variance D Special Use Permit (redevelopment area only) D Misc. ~" G; e.'(S', L ,1\ ~'-l3-5o.;;z \ "\d...\Ob Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required to process this request,) 0 Own 121 Rent 0 Other: <2S.hitec0Agent c;tIlA;n E Arc\-';h\-.s Address:::2.'111 SU:'D"\A A0'L S-i:) CI~ 'J;;wa Contact Name: ~") i, l IrADf\ Phone:~,., \ q \ d:S r::, - q ~ {.,:l ' Primary contact is: D11Applicant 0 Architect! Agent Emall of primary contact lY\ So." Au5.G::o '" '010 -hcd"h'(j ~ 'O'd General Project Description (all types) Project Name: 81 General Description of Proposed Project: u"'" \"~b\L'U Qnv,rcn""'-^~\ (l>SU~,(~ Has this project received pre-application review comments? '-' hl,,_ ( 0 iAe..r . IS;(Yes (Date:) Sd_ "~I cl ,- CcV\^" 10 I?, In C-, DNo Subject Property Information (all types) Location/Street Address: S"c>'ihQRsl- (oeM_, o~ 1i\k.r,ec\)'1('1 ".(:.. I+UAk Pl::..uJO ~^.\. \),\'(0""'0 "..II Assessor's Parcel #: c''-i?'- D 70 - I 0 Total Acreage: 'i?S. '-I"" Redevelopment Area (if applicable): f1A- General Plan Designation:' Zone Designation: ?C: Planned Community (if applicable): ..... \ ve" j k. u.. =~ei': re'" (Q... k (l) P 2 c..) Current Land Use: \J o....La....A -\- Within Montgomery Specific Plan? DYes M'No -'*' ~ f''''.j'-c.\- eo,\1 hL o.~ <_ tD - II '^--Lr<L..... 5~,--~c"l. o+- ~ \.:J..{~r 'l<; L'--C'~ pe:...;-c",-'." ',J } Proposed Project (all types) Type of use proposed: 0 Residential Landscape Coverage (% of lot): o Commercial " .. . . o Industrial [iJ Other: rei\' I. ( U'{'Jk- <:,\. c..l Go.:~r- Building Coverage (% of lot): ;t3 Z 276 Fourth Avenue (hula Vista I California 7-125 919\0 (6\9169\.5101 !'O(ffi 320 Rav 5 OJ Pg1/2 ~((t- :--'9'~ APPLICATION . DEVELOPMENT PROCESSING . TYPE A Part 2 CrrYOf CHULA VISTA Residential Project Summary Type of dwelling unlt(s): Dwelling unil>: Number of lots: PROPOSED EXISTING 1 Bedroom 2 Bedroom 3 + Bedroom TOTAL Density (DU/acre): Maximum building height: Minimum lot size: Average lot size: Parking Spaces: Required by code: Provided: Type of parking (i.e. size; whether covered. etc.): Open space description (acres each of private, common, and landscaping): Non-Residential Project Summary Gross fioor area: . I o,313ZCL Proposed: j~3lfCL Existi~ 0 Building Height: SO ~~ Q::\- Hours of operation (days & hours): Mnrv1.o.U '\hru(:)~ . \-6 ~z), '6: <,0 (] ,', - y ;00 pn"-' Anticipated number of employees: (" L{ Maximum number of employees at anyone time: ~y Number and ages of students/children (if applicable): II - \ 1) UOJ'-'<; Seating capacity: 0 Parking Spaces: Required by code: Type of parking (i.e. \ <, b Provided: 13 G, size; whether covered, etc.): 'i{. ':5 Y--. \'3 'FT U'''ILD''uc.c.l Svr-ho-,QL r'^'~o ~:k Authorization Print applicant name: -:::JpJ Wttik:lre Applicant Signature: -9-(JJ (if I-lTf! L<:"AVnll<10 Date: /'0 112 r c,. Print owner name~: ~ Date: .Note: Proof of ownership may be required. Letter of consent may be provided in lieu of signature, 276 Fourth Avenue Chula Vista l California 7-126 91910 (6191691.5101 for'" ]20 R"...SOl Pgt/z ~lf?- -r- r _ P I ann n g & Building Planning Division Department Development Processing COY OF CHUlA VISTA APPLICATION APPENDIX A Project Description & Justification Project Name: \-t1(jh \~""' \~ \ )"\"'U5;~ .-P~~ H--n\- L<UD'- (\ \' !'-Q a Applicant Name: Please fully describe the proposed project any and all construction that may be accomplished as a result of approval of this project, and the project's benefits to yourself, the property, the neighborhood. and the City of Chula vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "findings' as listed in the Application Procedural Guide. S~ Q'\-\Ws'"e! YIO~~c:.\ ~c.r\f~Df\ 276 Fourth Avenue (hula Vista I California 1-121 919 10 16191 691 -51 0 1 Prlnted 10/13/2006 Page 1 (2) Project Description: High Tech High University Park Campus Overview: The proposed High Tech High University Park (HT~) Campus includes development of two HTH schools and a research center on approximately 10 acres in the planned University Park and Research Center (UPRC) in the Otly Ranch area of eastern Chula Vista The project site is located on the south side of Hunte Parkway at the southeast comer of the future intersection of Discovery Falls Road and Hunte Parkway. The campus will be built in two phases. [n Phase One, an environmentllly-focused high school and research center (ERe) will be developed on approximately eight (8) acres. Phase Two will add a second HTH school on an additional adjacent two (2) to three (3) acres (See attached Phasing Diagram). Each school building will consist of classrooms, specialty labs, administration offices, a commons/dining area, and support!building core facilities. Outside areas will include learning patios, plazas, walkways, dining terraces, play yards including half basketball courts, green space, areas for drop off and pick-up, and parking spaces for cars and bicycles. The research center, which will be highly integrated with the high school, will consist of specialty labs, growing centers, and other facilities for environmentally-focused research and teaching involving HTH students and faculty and visiting researchers and community members. Adjacent to the Environmental Research Center Building will be open areas which may also be used for horticulture, aquapanics, and other environmentally-related activities. Some, or all, of this space may be enclosed in greenhouse-like structures. In keeping with HTH's educational philosophy, the school and research facilities will be designed for maximum flexibility. High Tech High's educational programs are deliberately very fluid so that changes can be made easily to accommodate evolving student and teacher academic interests and needs. This means that the configuration and use of the facilities will also evolve and change over time. For example, areas used primarily for classroom teaching at one time may be used primarily for research or individual student projects at another. This fluidity and flexibility is essential to the success of High Tech High schools. Ancillary activities and programs such as, but not limited to, fundraising, athletic, preschool, childcare, adult education, research, performing arts, and community events may take place on the campus before, during, or after regular school hours and on weekends and holidays as well. The completed project will include grading to create appropriate building pads, on-site parking, open recreational space and also to fit the HTH campus into the overall Masterplan for the University Park and Research Center (UPRC). The completed project will also include landscaping, lighting, signage, pedestrian pathways, fencing, and retaining walls. [t is anticipated that there will be standard security, pathway, and parking lighting. Hours of Ooeration: High Tech High plans to operate each of the planned schools and the ERC during the peak period of approximately 8:30 AM to 4:00 PM, though the facilities will be used by faculty, staff, students, and others before and after school hours and often on weekends and holidays as well. The start and end times for the different schools may be staggered to minimize traffic congestion around drop-off and pick-up times. 7-128 Printed 10/13/2006 Page 2(2) Parking: High Tech High plans to meet the minimum requirements set forth in the Chula Vista Municipal Code for on-site parking for the two schools. Because the research center is an extension of the high school and will have no faculty, staff, or students independent of the schools, no additional parking is to be provided for this facility. HTH anticipates that visiting researchers and community members will be able to park in the visitor spaces provided for the high school Phase One: High School and Research Center This phase consists of building an environmentally-focused high school and research center, on approximately eight (8) acres. These will be one-story structures. School Type Grades Students Square Employees Classrooms Parking · (appro]:) Footal!e Stalls High School 9'"-12th 494 46,000 36 26 103 Environmental All 0 18,000' 0 0 0 Research Center Totals 9'"-12th 494 64,000 36 26 103 *This includes approximately 6,000 sf of building space plus adjacent growing areas which may or may not be enclosed in greenhouse-like structures Enrollment at the high school will be phased over several years. High Tech High plans to open the school in temporary, off-site facilities, in fall, 2007 with a 9'" grade only. The school will open on site in fall, 2008 with a 9'" and to'" grade class. A grade will be added each year until full enrollment is reached in fall, 2010. Exterior areas will include areas for dining, recreation, drop.off and pick-up, and parking for cars and bicycles. Phase Two: Second HTH School on Additional Two Acres This phase will consist of development of a second HTH school on approximately two (2) acres adjacent to the Phase One property. This school will likely be an environmentally-focused middle school. School Type Grades Students Sq ua re Employees Classrooms Parking (appro]:) Footal!e Stalls Middle School 6'"-8'" 414 39,000 28 21 33 7-129 Disclosure Statement Pursuant to Council Policy 101~Ol, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. list the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. \-\ T \.r Luv".-,,~ C;~ of- Lh0"" ,~k 2. If any person'" identified pursuant to (1) above is a corporation or partnership, list the names of aU individuals with a $2000 investment in the business (corporation/partnership) entity. 4. If any person* identmed pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ~H(.g ~SQ.",>kk, (-EO l-tTfl L~.;''".>. \<.;<:..lw..rA. A t-IC.,'"son , l5o<v-..l W\o~(..pr (tr ~'\4.Lcb<;J C.h,,;.....M.~ r::+- ~~ -:-\\-rY\ CDl-,;-t\ 1Sf"!,:-.....rrl Mcz_............bL-r P , I<"~ \)~IfIS. 'Kna.rA "'1\..1.__i......b<r Lc.ud\ ()+..;b...r j<-()c........J.. r\l\.p."l'\.b.2.r- , I Please identify every person, induding any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. ('<\Q",,- SOJ"\k I-l-Tt+ ~;,r~' I-o~=- (~cb~ H ni "-,0 Ac kl-<, < 3 5. Has any person* associated with this contract had any financial dealings with an officialh of the City of Chula Vista as IT relates to this contract within the past 12 months. Yes_ No~ nc:",,~ ~CJ~'l If Yes, briefly describe the nature of the financial interest the officialu may have In this contract. 6. Have you made a cont~ibution oj more than $250, within th~ past twelve (12) months to a current member of the Chula Vista City CounCIl? No ~ Yes _If yes, whIch Council member? 7-130 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) 1J)onths? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No~ If Yes, which officialu and what was the nature of item provided? oate_LQft zf 0 !. e of Contractor/Applicant .ej VVqll,U",- Print or type name of Con C,->...tv!'j Person is defined as: any individual, firm, co-partnership, joint venture, association, social dub, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Chula Vista Redevelopment Corporation member, Planning Commissioner, member of a board, commission, or committee of the City, employee, or staff members. September 8, 2006 7-131 ~\r?- -~- " - P I ann n g & Building Planning Division Department Development Processing ellY OF CHULA VISTA APPLICATION APPENDIX C Development Permit Processing Agreement Permit Applicant Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: \.\.\ 4.L-\ -,..e.cvf \-\ IGIl ~l.y, 2--8-.s> I '--' 0 ~ \L \;-<> ".:to. 'SJ\-rl 1:> tEl, () ex- <1"2 I '" '-" c-yf. /O.16'DlP ~ 4- , \ 2-0 , 00 , This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permtt ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit'") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services: Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty 10 Pay. , Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related 'thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount afore referenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains. Ctty shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Depostt becomes exhausled, or is imminently likely 10 become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional depostt as Ctty shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty". 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure 10 process Applicant's Permit within Ihe time frame requested by Applicant or estimated by City. 276 Fourth Avenue (hula Vista 1 California 7-132 9t910 (6191691.5101 ~J(?- -.- . - -.:: P I ann n g & Building Planning Division Department Development Processing CITY OF CHUIA VISfA Development Permit Processing Agreement - Page 2 . 2.2. 8~ executio.n o~ this ag~eement.App~icant s~all ha~e ~o right to the Permit for which Applicant has applied. City shall use Its discretion In valuattng Applicant s Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Penmit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing t.awNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreernent, and performance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the 276 Fou rlh Avenue ChuJa Vista I California 7-133 91910 (6191691-5101 ~\(~ -.- . - -...: p I ann ng & Building Planning Division Department Development Processing CITY OF CHULA VISfA Development Permit Processing Agreement - Page 3 Applicant At its sole discretion, the City may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code. as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore. the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the tenns hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: /O'/W'QCp City of Chula Vista 276 Fourth Avenue Chula Vista, CA By: c...l\I"'O-'T'''?'I.GL- G;~C' Dated: /0110'0<-.> \\\("AA -,-EcM ..\I(.,\'{ ~,"'l, _ 2- 8L.\ woME>'o.L e,A,C> e>1\-<-l ~I.U,() c.A-ql.\O<C By: c.A\,~\~l.\GL c.U&4- 276 Fourth Avenue (hula Vi5ta I California 7-134 91910 (6191 691 -5 101 I' 0 , <I> I , ~ I I "- I ~ ~ I II ~ __.-c=-===J ~ I ____ '===,_- : III11 ~, _,_ _~_ __ ci"~i: P~ckW~"~~o' ,,'C" ,~c~~LLLLU- J 'o~ ~,,~..~, .1 cJo___--='-"--=-=--- 5j,-,.... ,~~: --==-- " ' _..- L lMJTS ll' GRAD I NG -~---T- / / ---5 56' " , "' ,,:; In / 'f" / / / ,? '" o ~ .... I '--- '--- / ~ " " to> en , \ i. ,I 1...~rc'>1 L Ihf . . " 'I \'- \1101,\ ~;1 \, i I , I, \ \V / \ , ,/ ,/~ I, \ Phase 1 Phase 2 I"'''' I :::::::::: Borrow Area ;/ / \\:/ /:.':::- / -";:.-- " (B=~ ? --':00 .---- - 539; " " Ii ,I II " :;. -j \\'\ -\' \, .1'\. ,\ \ "" \\,), \ .- ......... '\ \ .... ,..~trL lM~Tsor 'I V GRAq' '" I,~I , ' \ \ ., If v Q' II I' '.1'- I'] U' I' //~ 1\ ,:,' \ ;;; \-, ' \ ' :. 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B c :: I ~ ; e I ow , Vl RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION MND (IS-07-0l4) FOR THE HIGH TECH HIGH UNIVERSITY PARK PROJECT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM ("MMRP") PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, High Tech High Learning, submitted applications requesting approvals for a Rezone from Planned Community (PC) to Public/Quasi Public (PQ), and a Conditional Use Permit, for a 10-acre Public Charter High School and Elementary/Middle School facility ("Project") located at the southeastern corner of the Hunte Parkway / Discovery Falls Drive intersection; and WHEREAS, on July 13,2007, a Notice ofInitial Study ("NOI") was circulated to property owners and residents within a SOO-foot radius of the proposed project site; and WHEREAS, Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study (IS- 07 -014) 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 impacts 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 (MND IS-07-0l4) and associated Mitigation Monitoring and Reporting Program ("MMRP"); and WHEREAS, on November 7,2007, a Notice of Availability ("NOA") for Draft MND IS-07- 014 was posted at the County of San Diego Clerks Office and circulated for a 30-day public review period to property owners and residents within a SOO-foot radius of the proposed project site as well as any individuals and/or groups that had requested to be noticed; and WHEREAS, the Chula Vista Resource Conservation Committee held a duly noticed public hearing for Draft MND IS-07-0l4 on November, 192007 and voted 4-0-1-2 recommending that the City Council certify MND 07-014 and adopt the MMRP; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Final MND IS-07-0l4 on December 18, 2007, and voted X-X-X-X recommending that the City Council adopt Final MND 07-014 and adopt the MMRP in accordance with Resolution and WHEREAS, the Chula Vista City Council held a duly noticed public hearing for the Final MND IS-07-0l4 and MMRP on December 18, 2007; and WHEREAS, the City Council considered Final MND IS-07-0l4 together with any comments received during the public review process; and J:\Allorney\RESO\PLANNINGIIS-07-0 14MNDRcso_12-18-07.doc 7-137 Resolution No. 2007- Page 2 WHEREAS, the Final MND IS-07-014 and other related materials are located in the Planning and Building Department and maintained by the custodian of said documents who is the Director of Planning and Building. This constitutes the record of proceedings upon which this adoption of Final MND IS-07-014 is based. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on Final MND 07-014 held on December 18, 2007, as well as the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Pub. Res. Code S 21000 et seq.). II. MND IS-07-014 CONTENTS That the MND IS-07 -014 consists of the following: 1. Initial Study Checklist IS-07-014; and 2. Mitigated Negative Declaration IS-07-0140 (including supporting technical reports) 3. Comments and Responses 4. Mitigation Monitoring and Reporting Program (All hereafter collectively referred to as "MND IS-07 -0 ]4") III. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby find that MND IS-07-014 (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program are prepared in accordance with the requirements of CEQA (Pub. Res. Code S 21000 et seq.), the CEQA Guidelines (Cal. Code Regs. tit. 14 S 15000 et seq.), and the Environmental Review Procedures of the City ofChula Vista. Mitigation Measures Feasible and Adopted As more fully identified and set forth in MND IS-07-014, the City Council hereby finds pursuant to Public Resources Code section 21 080( c )(2) and CEQA Guidelines Section 15074.1 that the mitigation measures described in the above referenced J:\Atlomey\RESO\PLANNJNG\]S-07-014MNDReso~12.18-07.doc 7-138 Resolution No. 2007- Page 3 documents are feasible and will become binding upon the entity assigned thereby to implement the same. Adoption of Mitigation Monitoring and Reporting Program As required by Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program ("MMRP") set forth in MND IS-07-014. The City Council further finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties implement the project components and comply with the mitigation measures identified MND IS-07 -014 and associated Program. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and hereby finds on the basis of the whole record before it that there is no substantial evidence that the project will have a significant effect on the environment and concurs with the Planning Commission and Environmental Review Coordinator's determination that Mitigated Negative Declaration IS-07 -014 in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act ("CEQA") the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07-014). V. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Pub. Res. Code S 21000 et seq.). BE IT FURTHER RESOLVED THAT the City Council of the City ofChula Vista finds that the MND IS-07-014 and Mitigation Monitoring and Reporting Program have been prepared in accordance with the requirements ofCEQA (Pub. Res. Code S 21000 et seq.), CEQA Guidelines (Cal. Code Regs. tit. 14 S 15000 et seq.), and the Environmental Review Procedures of the City ofChula Vista, and therefore is adopted. James D. Sandoval, AICP Planning and Building Director Presented by J:\Al1omeyIRESOIPLANNING\IS.07-014MNDReso_12-1S.07.doc 7-139 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY 19.18.010 AND APPROVING A ZONE CHANGE RE-ZONING 10-ACRES OF LAND FROM PLANNED COMMUNITY (PC) TO PUBLIC QUASI PUBLIC (PQ), LOCATED AT THE SOUTHEAST CORNER OF THE DISCOVERY FALLS DRIVE EXTENSION AND HUNTE P ARKW A Y WITHIN OTA Y RANCH UNIVERSITY PLANNING AREA 10 WHEREAS, the subject matter ofthis Ordinance is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the project area is identified as Exhibit "A," attached hereto; and, WHEREAS, an application was made by High Tech High Learning ("Applicant") to amend the Zoning Map was filed with the City of Chula Vista Planning and Building Department on October 17, 2006; and, WHEREAS, the applicant proposes to rezone the 10-acre project area that is located within Otay Ranch University Planning Area 10 from Planned Community (PC) to Public Quasi-Public (PQ) ("Project"); and, WHEREAS, the 10-acre project site is owned by the City ofChula Vista, and on January 23, 2007, the City Council approved a lease with High Tech High Learning for a 50-year term, with two 25-year options at a rate of $1 per year; and, WHEREAS, the structure ofthe lease will allow the City to retain long-term ownership and control of the property, while High Tech High Learning will be responsible for all costs associated with the development and maintenance of their facilities; 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- 07-014) 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 impacts 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 (MND IS-07-014) and associated Mitigation Monitoring and Reporting Program ("MMRP"); and, WHEREAS, the Planning Commission recommended approval of the project at a public hearing held at a time and place advertised, namely 5:00 pm on December 18,2007, in the Lee Conference Room, 430 F Street; and, J:\AtlomeylOrdinanceIPCZ-07-03CCOrd_12-18-07.doc 7-140 Ordinance No. Page 2 WHEREAS, the City Council set the time and place for a hearing on said zone change (PCZ-07-03) 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 ofthe exterior boundaries of the Proj ect site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. December 18, 2007, in the Council Chambers, 276 Fourth Avenue and said hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: 1. ACTION Hereby amends the Zoning Map, re-zoning the I O-acre project site for the High Tech High Learning campus from Planned Community (PC) to Public Quasi-Public (PQ), finding that it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. II. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Jim Sandoval Planning and Building Director Presented by J:\Attorney\Ordinance\PCZ-07-03CCOrd~ 12-18-07.doc 7-141 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT, PCC-07-024, TO HIGH TECH HIGH SCHOOL LEARNING, LOCATED AT THE SOUTHEAST CORNER OF THE DISCOVERY FALLS DRIVE EXTENSION AND HUNTE PARKWAY A. RECITALS 1. Project Site WHEREAS, the parcels which are the subject matter of this resolution are represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description are located at the southeast corner of Discovery Falls Drive Extension and Hunte Parkway, APN 643-070-10-00 ("Project Site"); and 2. Project Applicant WHEREAS, on October 17,2006, a duly verified application for a Zone Change and Conditional Use Permit (PCC-07-024) was filed with the City of Chula Vista Planning Department by High Tech High Learning ("Applicant" or "HTH Learning"); and 3. Project Description; Environmental Determination WHEREAS, said Applicant requests permission to construct a Public Charter High School, Elementary/Middle School, and Environmental Learning Center ("Project") on a I O-acre property located on said Project Site; and WHEREAS, said Applicant requests a rezone of the property from Planned Community (PC) to Public Quasi Public (PQ), which would provide for a Conditional Use Permit approval to authorize construction of a Public Charter High School, Elementary/Middle School, and Environmental Learning Center on a 10-acre property located on said Project Site; and WHEREAS, Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study (IS-07-0l4) 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 impacts 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 (MND IS-07-0l4) and associated Mitigation Monitoring and Reporting Program (MMRP); and J:\Auomey\RESO\PLANNING\PCC-07-024_ CC_Reso_12-18-07.doc 7-142 Resolution No. 2007- Page 2 4. Planning Commission Record of Application WHEREAS, a hearing time and place was set by the Planning Commission for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 18, 2007, and recommended that the City Council approve the Project in accordance with Planning Commission Resolution No. PCC-07-024; and WHEREAS, the Planning Commission reviewed and considered the Mitigated Negative Declaration (MND IS-07-014) and associated Mitigation Monitoring and Reporting Program ("MMRP"), along with the applications for a Zone Change (PCZ-07- 03), and a Conditional Use Permit (PCC-07-024); and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of X-X-X-X that the City of Chula Vista City Council to adopt Mitigated Negative Declaration (MND IS-07-014) and associated Mitigation Monitoring and Reporting Program ("MMRP"), and approve the Zone Change (PCZ-07-03) and the Conditional Use Permit (PCC-07-024); and WHEREAS, the applicant has requested that the Planning Commission motion and vote to approve the Project, along with any relevant comment be forward to the City Council for their consideration at a public hearing to be held immediately following the Planning Commission action; and 5. City Council Record of Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City ofChula Vista on December 18,2007, to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same; and WHEREAS, the City Council of the City ofChula Vista reviewed and considered the Mitigated Negative Declaration (MND IS-07-014) and associated Mitigation Monitoring and Reporting Program (MMRP) , Zone Change (PCZ-07-03), and Conditional Use Permit (PCC-07-024); and J:\Auomey\RESO\PLANNING\?CC.07-024~ CC_Reso_12.18-07.doc 7-143 Resolution No. 2007- Page 3 WHEREAS, the City Council of the City of Chula Vista after considering all evidence and testimony presented voted X-X-X-X to adopt Mitigated Negative Declaration (MND IS-07-014) and associated Mitigation Monitoring and Reporting Program (MMRP), and approve the Zone Change (PCZ-07-03) and the Conditional Use Permit (PCC-07-024) based on the findings and in accordance with the conditions listed below. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and order as follows: B. PLANNING COMMISSION RECORD The proceedings of the Planning Commission at their public hearing on December 18, 2007, including their vote upon Planning Commission Resolution No. PCC-07-024 recommending approval, along with any relevant comments, have been provided to the City Council and are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act ("CEQA") claims. C. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required pursuant to the Chula Vista Municipal Code ("CVMC 19.14.080") for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed Public Charter High School and Elementary/Middle School facility is a desirable land use that provides an educational facility that will contribute to the future University Park land use as well as the general well being of the surrounding Otay Ranch community and the South Bay region. The HTH Learning project will be the first project to be developed in the City's University Park and Research Center ("UPRC"). This project will help establish the UPRC with an academic facility that is promoting future environmental studies that may lead to prototype sustainable development occurring in Chula Vista. HTH Learning is a high profile charter organization with an established reputation for engaging regional and national commercial sector and non-profit partners. The presence of HTH Learning in south county and specifically in the UPRC may increase the visibility of the City in the region in its efforts to seek out education J:\Attomey\RESO\PLANN1NG\J>CC-07-024_CC_Reso_12-18-07.doc 7-144 Resolution No. 2007- Page 4 partners at all levels of academia, furthering the goals and objectives the City Council has established for the development of the UPRC. The UPRC will eventually offer unique education and research opportunities for collaboration with the HTH Learning High School, Elementary/Middle School and Environmental Learning Center. It is anticipated that HTH Learning will also provide and promote interactivity between the future University and the proposed High School Environmental Research Center and Elementary/Middle School campus. The primary goals of the High Tech High Environmental program is to provide students with relevant academic and workplace skills, preparing graduates for rewarding lives in an increasingly technological and global society. In addition, to increase the number of low income and minority students who succeed in high school and postsecondary education and who become productive members and leaders in the high-technology industries. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed Public Charter High School and Elementary/Middle School facility will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The use is subject to conditions that will provide the necessary controls and maintenance of the facilities so that activities on the site shall not become detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed Public Charter High School and Elementary/Middle School facility will be developed and maintained in compliance with the Otay Ranch General Development Plan ("GDP") and the Zoning Code as well as the conditions specified in this Conditional Use Permit. The conditions of approval require compliance with all applicable codes and regulations on an on-going basis for use of the facilities on the proposed project site. In addition, this project site may be included within the Sectional Planning Area ("SPA") Plan to be developed for the surrounding University Planning Area 10, and as such will be required to be maintained in compliance with the regulations and conditions specified in that future document. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. J:\AttomeyIRESOIPLANNING\PCC-07-024_CC_Reso_12-18-07.doc 7-145 Resolution No. 2007- Page 5 The granting of this permit will not require amendments to the Chula Vista General Plan, or the Otay Ranch General Development Plan, and as such does not affect the future long-range planning of the University Park Planning Area 10 as the future land use surrounding the project site. This project site may be included within the Sectional Planning Area ("SPA") Plan to be developed for the surrounding University Planning Area I 0, and as such will be required to be maintained in compliance with the regulations and conditions specified in that future document, such that it will not adversely affect said University SPA Plan. D. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-07-024 subject to the following conditions whereby the Applicant shall: l. The subject property ("Project") shall be developed and maintained in conformance with the approved application, plans, and specifications. Any proposed changes to the approved plans or specifications will require review and approval for a substantial conformance and/or changes/modification to this Conditional Use Permit. 2. The Applicant shall comply with the following project description and hours of operation: The primary hours of operation for the two proposed schools will be from 8:30 a.m. to 4:00 p.m. Monday through Friday. Limited ancillary activities offered before and after school hours and weekends and holidays are anticipated as well. The start and end times for the High School and Elementary/Middle School shall be staggered to minimize traffic congestion during peak drop-off and pick-up times. 3. The Applicant shall comply with the table provided in the Mitigated Negative Declaration showing the phasing plan for the High School and Elementary/Middle School and comply with the maximum student capacities for 550 High School students and 700 Elementary/Middle School students. 4. The Applicant shall provide planting and irrigation plans. All planting, excluding the hydro-seed mix turf groundcover, shall be on permanent irrigation systems. Provide planting and irrigation plans in conformance with the conditions of approval for review and approval by the Landscape Planner prior to issuance of building permit. In addition, a water management plan shall be required in conjunction with the planting and irrigation plans for each phase for review and approval by the Landscape Planner prior to issuance of building permit. 5. The Applicant shall comply with all requirements of the Building Division, including the following: Submit architectural plans that are stamped and signed by a licensed architect. Plans shall include a site plan and building elevations that are consistent with this approval. Structural plans and calculations must be stamped and signed by a California Registered Civil/Structural Engineer. Project shall comply with 2007 CBC, CMC, CPC, and 2004 CEC. Seismic Zone 4, Wind Speed 70 MPH Exposure C. Soils Report Required. Project plans shall comply with 2001 Handicapped Accessibility J:\Atlomey\RESO\PLANNING\PCC-07-024_CC_Reso_12-18-07.doC 7-146 Resolution No. 2007- Page 6 Requirements, 2005 Energy requirements. 6. The Applicant shall provide a graffiti resistant treatment for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. 7. The Applicant shall submit a Lighting Plan for the facilities, which demonstrates that the proposed lighting will be shielded to remove any glare from adjacent properties. The lighting shall be maintained in conformance with Section 17.28.020 of the Municipal Code. 8. The Applicant shall implement, to the satisfaction of the Director of Planning and Building and the Environmental Review Coordinator, all mitigation measures identified in the Final Mitigated Negative Declaration (IS-07-014) and Mitigation Monitoring and Reporting Program in accordance with the requirements, provisions and schedules contained therein. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building and Environmental Review Coordinator. 9. The Applicant shall implement, to the satisfaction of the City Engineer and Director of Planning and Building, staggered school start and dismissal times to further alleviate traffic conditions during the peak drop off/pick-up period. 10. The Applicant shall provide a commercial trash enclosure large enough for solid waste, mixed paper, and a cart for food and beverage containers to meet the minimum 50 percent recycling requirement. Commercial properties must have trash enclosures, bins, or carts that meet design specifications. The locations and orientation of storage bins and dumpsters must be pre-approved by the City's Recycling Coordinator and the City franchise trash hauling company. Provide sufficient space for designated recyclables. A shared paper/cardboard bin, along with food and beverage container cart with other storage may be permitted by the City's Recycling Coordinator and the City franchise trash hauling company. II. The Applicant shall submit building plans designating a fire lane around the perimeter of the entire complex to the satisfaction of the Fire Marshal. Where alternative paving is proposed to be used as on a portion of the fire lane, the surface and sub-surface treatment must be approved by the Fire Department. 12. The Applicant shall ensure that automatic gates at the front of the school along Hunte Parkway are equipped with both an Opticom Detection System and a Knox Key Switch override. In the event that a regular power source is lost, an alternative power source to operate the automatic gate shall be provided. J:lAuomeyIRESO\PLANNING\PCC-07-024_ CC_Reso_\2-18-07.doc 7-147 Resolution No. 2007- Page 7 13. The Applicant shall provide a turn around to the satisfaction of the Fire Marshal. Prior to Phase Two the turnaround will be provided to the east side of the school. The turning radius shall be shown on building plans, which shall be reviewed and require approval by the Fire Marshal. 14. The Applicant shall obtain a security survey from the Crime Prevention Unit of the Police Department. Specific recommendations shall be provided for access control, surveillance detection, and police response. In addition, training of management and employees in security procedures and crime prevention shall coincide with the commencement of operations. 15. The following fees will be required based on the final building plans submitted: (a) Sewer Connection and Capacity Fees based on all new construction or additional plumbing fixtures; (b) Traffic Signal Fees, based on the difference between the existing and proposed use; and, (c) Development Impact Fees ("DIF"), including the Salt Creek Sewer DIF, The Public Facilities DIF ("PDIF"), and the Transportation DIF (TDIF). 16. The Applicant shall ensure that the development of this project complies with all requirements of State Water Resources Control Board ("SWRCB") NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity. In accordance with said Permit, a Storm Water Pollution Prevention Plan ("SWPPP") and a Monitoring Program Plan shall be developed and implemented concurrent with the commencement of grading activities to the satisfaction of the City Engineer. The SWPPP shall specify both construction and post-construction structural and non-structural pollution prevention measures. The SWPPP shall provide for the operation and maintenance of post- construction pollution measures, including short-term and long-term funding sources and the party or parties that will be responsible for the implementation of said measures, which shall be subject to review and approval by the City Engineer. A complete and accurate Notice-of-intent ("Nor") must be filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a NOI has been received for this Project shall be filed with the City of Chula Vista when received. Further, a copy of the completed Nor from the SWRCB showing the Permit Number for this project shall be filed with the City of Chula Vista when received. Project shall comply with the permit and SWRCB. 17. Pursuant to NPDES Municipal Permit, Order No. 2001-01, the proposed Project is considered a Priority Development Project and therefore subject to the requirements of the Standard Urban Storm Water Mitigation Plans ("SUSMPs") and Numeric Sizing Criteria. The Applicant is required to complete the applicable forms (see City of Chula Vista's Development and Redevelopment Storm Water Management Requirements Manual) and comply with the Manual's requirements. J :\Allomey\RESO\PLANN INGIPCC-Q7 -024 _ CC _ Reso _12-18-07 _doc 7-148 Resolution No. 2007- Page 8 18. A Water Quality Technical Report is required to identify potential pollutants generated at the site during the post-development phase of the project and to identify/propose appropriate structural and non-structural Best Management Practices ("BMPs") to minimize discharge of such pollutants to the maximum extent practicable. 19. The San Diego Regional Water Quality Control Board adopted a new National Pollutant Discharge Elimination System ("NPDES") Municipal Permit for the San Diego Region in December 2006. Under the new permit, the Applicant may be subjected to additional requirements that the Applicant will be required to meet, depending on the time development takes place and the time at which the Applicant applies for building permits. 20. The internal circulation plan for the school shall be reviewed and approved by the City Engineer. 21. The site plan for the school shall not prevent the future placement of a pedestrian bridge over Hunte Parkway. Applicant shall provide pedestrian access to the future pedestrian bridge from the south to the satisfaction of the City Engineer. 22. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program and grading on file in the Planning Division, the conditions contained herein, and Title 19. 23. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 24. This Conditional Use Permit approval shall expire if building permits are not issued or the approved use has not commenced within one year from the date of this approval, unless a written request for an extension is received prior to the expiration date. 25. All buildings, parking and landscaping shall be maintained according to the approved plans, unless modifications are approved by the City ofChula Vista. 26. The Hours of Operation shall be maintained according to the approved hours of operation tables, unless modifications are approved by the City of Chula Vista. 27. Fire lanes are to be maintained and have an unobstructed width of not less than 20-ft. width and 13-1/2-ft. vertical clearance. 28. Applicant shall maintain catch basin filters on site, which shall be periodically inspected as scheduled by the City ofChula Vista Engineering Department. J:\Allomey\RESOIPLANNING\PCC-07-024_ CC_Reso _12-18-07.doc 7-149 Resolution No. 2007- Page 9 29. The Applicant shall comply with all applicable federal, state, and local requirements. Any violation of applicable City ordinances, codes, standards, and policies, or of any condition of approval shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. Violation of any terms or conditions set forth herein shall be grounds for revoking or denial of building permits. 30. This Conditional Use Permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source from which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 31. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, injury, including personal injury, dismemberment or death, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising out of or related to, directly or indirectly, from: (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. E. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to California Government Code section 66020(1), NOTICE IS HEREBY GIVEN that the 90-day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with section 66020 (a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other 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. J:\Attomey\RESQIPLANNINGIPCC-07-024_ CC_Reso_12-18-07.doc 7-150 Resolution No. 2007- Page 10 F. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document will be filed within ten days of recordation with the City Clerk. The filing shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as document No. _ Signature of Property Owner Date Signature of Applicant Representative Date G. 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, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by James D. Sandoval, AICP Planning and Building Director J:\Attomey\RESOIPLANN1NGIPCC.07-024_CC_Reso_12-18-07.doc 7-151