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HomeMy WebLinkAboutReso 2008-008 RESOLUTION NO. 2008-008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION (MND) (lS-07-031) FOR THE OXFORD STREET PROJECT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Concordia Lutheran Church submitted applications requesting approvals for a Rezone from the R-I (Residential Single Family) Zone to the R-I-5-P (Residential Single Family, Precise Plan) zone, establishing a Precise Plan Modifying District, and adopting Precise Plan standards; a Precise Plan; and a Tentative Subdivision Map to subdivide 3.90 acres located at 267 East Oxford Street into 24 single family residential lots, ( Project ); and WHEREAS, on September 12, 2007, a Notice of Initial Study (NOI) 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-07-031) 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-07-031) and associated Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, on October 19,2007, a Notice of Availability (NOA) for Draft MND IS-07- 03 I 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, 19 2007 and voted 5-0-0-1 to recommend that the City Council certify MND 07-031 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 12, 2007 and voted 6-0-0-1 recommending that the City Council adopt Final MND 07-031 and adopt the MMRP in accordance with Planning Commission Resolution No. PCZ-06-005/PCM-07-015; and WHEREAS, the Chula Vista City Council held a duly noticed public hearing for the Final MND IS-07-031 and MMRP on January 8, 2008; and Resolution No. 2008-008 Page 2 WHEREAS, the City Council considered Final MND IS-07-031 together with any comments received during the public review process; and WHEREAS, the Final MND IS-07-031 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-07-031 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: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on Final MND 07-031 held on December 12, 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-07-031 CONTENTS That the MND IS-07-031 consists of the following: 1. Initial Study Checklist IS-07-031; and 2. Mitigated Negative Declaration IS-07-031 (including supporting technical reports) 3. Comments and Responses 4. Mitigation Monitoring and Reporting Program (All hereafter collectively referred to as "MND IS-07-03I") III. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby find that MND IS-07-031 (Exhibit "A" to this Resolution), and the Mitigation Monitoring and Reporting Program are prepared in accordance with the requirements ofCEQA (Pub. Resources Code, 921000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 915000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. Mitigation Measures Feasible and Adopted ~ Resolution No. 2008-008 Page 3 As more fully identified and set forth in MND IS-07 -031, 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. 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-07-031. 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-07-031 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-07-031 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-07-031). 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") (Public Resources Code ~21 000 et seq.). BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista finds that the MND IS-07-031 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 City of Chula Vista, and therefore is adopted. Presented by Approved as to form by .'~\...~~~\~M\. Ann Moore City Attorney Resolution No. 2008-008 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of January 2008 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Chory~#~ ATTEST: d~!? ;r;/7~ Donna R. Norris, CMC: Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2008-008 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of January 2008. Executed this 8th day of January 2008. J~ k *A~ . Donna R. Norris; CMt: Interim City Clerk ""------- Resolution No. 2008-008 Page 5 EXl-lle,\-r"A" Mitigated Negative Declaration PROJECT NAME: Oxford Street! Concordia Lutheran Church Residential PROJECT LOCATION: 267 East Oxford Street ASSESSOR'S PARCEL NO: APN #639-392-14-00 PROJECT APPLICANT: Brookfield Shea Otay, LLC 12865 Pointe Del Mar, Suite 200 San Diego, CA 92014 (858) 481-8500 CASE NO.: IS-07-031 DATE OF DRAFT DOCUMENT: October 19. 2007 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: November 19. 2007 PREPARER: Richard Zumwalt AJ.C.P.. Associate Planner DATE OF FINAL DOCUMENT: November 20. 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. Proiect Settin. The 3.9 -acre project site is located at 267 East Oxford Street, within the urbanized area of Western ChuIa Vista, (Exhibit 1- Locator Map). The site is approximately 100 feet east of the intersection of Melrose Avenue and East Oxford Street Primary access to the site is currently provided directly off of East Oxford Street The entire project site has been partially disturbed with previous uses including a church, pre-schoolldaycare, and parking lot on the south side of the lot and play fields on the north side of the lot The land uses immediately surrounding the project site are as follows: North: South: East West: Single-Family Residential Single-Family Residential Single-Family Residential Single-Family Residential B. Proi ect Descrit>!ion The project proposes demolition of the existing Concordia Lutheran Church, daycarelcornmunity building, and accessory buildings, and redevelopment of the 3.9 ac. site with 24 single-famiJy detached residential dwelling units, (Exln"bit 2 - Site Plan). The site is desigoated Residential Low- Medium (3-6dwelIing units per acre) on the City of ChuIa Vista General Plan and is zoned R-I-7 Single Family Residential. The project proposes a rezone from R-I-7 to R-I-5-P (Min. lot size of 5,OOO.sq. ft. with a Precise Plan ModifYing District); a Precise Plan; and Tentative Subdivision Map proposing 24 residentiaIlots ranging from 5;006 sq. ft. to 6,249 sq. ft. in size, with 2 gsrage parking spaces per home, a public street and ROA-maintained open space lots. Resolution No. 2008-008 Page 6 Proposed on-site improvements include drainage facilities, sewer system facilities, fire hydrants, retaining walls, fencing, improved paved areas. open space and landscape treatments. The proj ect is identified as developable area within the City of Chula Vista Multiple Species Conservation Program Subarea Plan, however, it is not located within the City's designated conservation area. C. Conroliance with Zonin. and Plans The proposed project site is within the General Plan RLM (Low-Medium Residential Densityl3-6 dwelling troits per acre) and RI (Single-Family Residential) Zone. The project proposes a rezone from R-I to R-I-5-P (Min. lot size of 5,000 sq. ft. with a Precise Plan Modifying District). The proposed project has been fotrod to be consistent with the applicable site development regulations and the General Plan. D. Public Comments On September 12, 2007, a Notice of Initial Study was circulated to property owoers within a 500-foot radius of the proposed project site. The public review period ended September 24, 2007. One e-mail response was received during this period regarding how project grading will affect the adjacent properties and how.the design of the future homes would affect the neighbor's privacy. These issues will be addressed in the Planning staff report regarding the project. On October 19. 2007 the Notice of Availabilitv of the Prorosed Miti..ted Ne..tive Declaration for the nroiect was nosted in the Countv Clerk's Office and circulated to Drooertv owners within a 500- foot radius of the oroiect site. The 30-dav Dublic comment period closed on November 19. 2007. No written comments were received as a result of this notice. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) determined that the proposed project may have potential significant environmental impacts however; mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State of Califomia Environmental Quality Act (CEQA) Guidelines. Air Oualitv Short-Term Demolition and Construction Activities The project proposes demolition of the existing Concordia Lutheran Church, daycarelcommtmity building and accessory buildings. The proposed proj ect WIll result in a short-term air quality impact created from construction activities. The grading of the site for future single-fami1y residential development and worker and equipment vehicle trips will create: temporary emissions of dust, fumes, equipment exhaust, and other air pollutants associated with the construction and demolition activities. Air quality impacts resulting from construction-related operations are considered short-term in duration. In order to analyze potential project impacts/emissions, the emission factors and threshold criteria contained in the 1993 South Coast Air Quality Management District CEQA Handbook for Air Quali~ Analysis were used. A comparison of daily construction emissions to the SCAQMD's emission thresholds of significance for each pollutant was analyzed. Emissions were calculated using the URBEMIS 2002 model. The addition of emissions to .an air basin is considered troder CEQA to be a significant impact. Implementation of the Mitigation Measure 1 contained in Section F below would mitigate short-term construction and rough grading and emissions related air quality impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. ~_J Resolution No. 2008-008 Page 7 Combined Short-Term and Long-Term Impacts In order to assess whether the project's contribution to ambient air quality is cumulatively considerable, the project's emissions were quantified with respect to regional air quality. The proposed projec~ a small residential infill developmen~ once completed will not result in significant long-term air quality impacts. The project is consistent with the Chula Vista General Plan Update. The minimal project generated 'traffic volume of 240 trips would not result in significant long~term local or regional air quality impacts. Through project design, emission-controlled construction vehicles and efficiency building products and vehicles as mitigated, no area source or long term operational vehicle emission estimates will exceed the Air Quality significance thresholds. Implementation of the Mitigation Measure I contained in Section F would mitigate construction and grading related air quality impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Biololrical Resources A Biological Resource Analysis was prepared by Dudek, dated August 31, 2007, to assess the potential biological resource impacts of the project A biological reconnaissance survey of the project site was conducted on March 30, 2007 to identify existing vegetation on the site. The biological resource analysis is summarized below. Habitat Loss Incidental Take (HUT) Permit The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary under the City's MSCP Subarea Plan. The site is located in an area designated as a Development Area, but is not located within a strategic preserve or conservation area. The project is subject to the requirements of the Habitat Loss Incident Take (HUIJ Ordinance. In accordance with the HLIT Ordinance, those projects that are greater than one acre, contain sensitive biological resources, and are located outside the "Covered Projects," must demonstrate compliance with the Ordinance and obtain Take authority from the City of Chula Vista for impacts to Covered Species. The following is a summary of the findinga contained within the biological resource report as required by the City's HUT Ordinance, Section 17.35. Existing Conditions/ Plant Species The 3.9wacre project site consists entirely of 1.8 acres of developed land on the south side of the site with the existing church and accessory buildings, parking lo~ and ornamental plantings, and 2.1 acres of disturbed lands including the playfield and non-native grasses and vegetation on the north side of the site. Developed land includes two mature Indian Lallfel Figs and one Brazilian Pepper Tree, six, I-ft. diameter eucalyptus trees, and turf-grass under-story. The non-native grasses and vegetation in the disturbed lands result from establishment of a Bermuda-grass playfield which is mowed but otherwise is no longer maintained and irrigated, resulting in a mixed growth of grasses and broad- leaved weeds. Native vegetation cover is less than one percent of the vegetative cover onsite, occurring on the perimeter of the site adjacent to fencing where the plants are not mowed. No endemic or special status plants exist on the property. Wildlife/Sensitive Species/Sensitive Habitats The .biological report stated that wildlife species such as hirds and butterflies occupied the site, although no mammal, amphibian or reptile species were detected during the survey. Ten bird species and two butterfly species were detected on site. Most bird species observed were common, disturbance-adapted species. Cooper's hawk (Accipiter cooperi), which is a covered species Resolution No. 2008-008 Page 8 under the City of Chula Vista's MSCP Subarea Plan and a State species of special concern, was observed during the site survey. Existing large Indian Laurel Fig and Brazilian Pepper trees occWTing on-site may provide suitable habitat for raptors, and a nest was observed in the Brazilian Pepper tree on site. Due to the territorial !behavioral characteristics of the Coopers Hawk, it was assumed that nest was used by them. No special status/wildlife species were reported within one mile of the project site. No state or federally listed threatened or endangered wildlife species were observed in the study area and are not expected to occur, due to the low quality of habitat onsite. Potential impacts of the project on these resources and sensitive species. and mitigation measures are further discussed in Project Impact section below. Project Impact The existing lot supports 2 large ornamental Indian Laurel Fig trees and 11arge Brazilian Pepper tree. The proposed removal of these trees during development could impact potential habitat for the Cooper's Hawk and other migratory bird species if the vegetation clearance occurs between January 15 thru August 15 during breeding season. If vegetation clearance occurs between August 16 and January 14, development of the site would not result in significant impacts to biological resources. If removal of habitat or construction activities must occur during the breeding season, pre-construction surveys shall be conducted to determine the presence or absence of nesting rapters. The' proposed project may result in impacts to sensitive biological resources and nesting raptors, and therefore, mitigation measures are required. The project will be required to implement the mitigation measures specified in Section F, and therefore no impacts to Cooper's Hawk or other migratory birds are anticipated. The project will not be required to obtain a HLIT Permit pursuant to Section 17.35 of the Chula Vista Municipal Code. Further mitigation measures include implementation of construction BMPs, and clearing, grubbing or grading permits. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration would reduce potentially significant biological impacts to a level below significance. Geolo"" and Soils To assess the potential geological/soils impacts of the project, a Geotechnical Investigation evaluation was prepared by Geocon, Inc. dated April 18, 2007. No groundwater was encountered on the site and no groundwater related problems, either dming or after construction, ar.e anticipated. No significant geological or soil impacts would be created as a result of the proposed project as conditioned. The potential for soi1liquefaction is considered to be low. The project site is not located in an active Earthquake Fault Zone. The nearest active fault is the Rose Canyon fault approximately 6 miles . away. The site was graded previously with the development of the existing cburt:h. Proposed fill grading will occur over the entirety of the 3.9-acre site. Grading is halanced, including 3,400 cubic yards per acre to be excavated and filled, with a maximum cut and fill slope ratio of2:1. In the event ofa major earthquake, the area could be subject to moderate to severe ground sbaking. However, the site is considered comparable to others in the general vicinity. The site is also underlain with artificial fill and San Diego Formation and is not suitable for support of structures. The project will require issuance of a grading permit to require excavation of undocumented fill, re-grading and re-<:ompaction of the site, and review by the consultant of project grading and foundation plans prior to submittal to regulatory agencies for appmva~ to minimize the potential for damage to future structures as a result of unstable soils, ground-shaking, or subsidence. _J Resolution No. 2008-008 Page 9 According to the City's Engineering Division, the project will require a grading permit. The preparation and submittal of a final soils report Wll1 be required prior to the issuance of the grading permit as a standard engineering requirement. In order to prevent silt discharge during construction, the developer will be required to compl" with best management practices in accordance with RWQCB NPDES Mrmicipal Permit, Order No. R9-2007-000 1. The appropriate erosion control measures would be identified in conjunction with preparation of final grading plans and would be monitored and implemented during construction by the Public Works Department Therefore, the potential for the discharge of silt into City storm drainage systems would be less than significant. Implementation of the mitigation measures contained in Section F below would mitigate potential geological/soils impacts to a less than significance level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Hazards and Hazardous Materials In order to assess potential hazards/hazardous material impacts, dsted April 2007, Dudek prepared the "Phase I Environmental Site Assessment - Concordia Lutheran Church and School" Report for the project The project proposal includes the demolition of the existing church, accessory bnildings and parking lot The report found that the potential exists for impacts to result from the demolition of structures that may contain lead and asbestos. Therefore, prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor will perform asbestos and lead-based paint abatement in accordance to all applicable local, state and federa1laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation. No evidence of additional hazards or hazardous materials or undocumented fill was observed on the site. Implementation of the mitigation measures contained in Section F below would mitigate potential hazards/hazardous materials impacts to a less than significant level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Ewolo"" and Water Oualitv In order to assess potential hydrology and water quality impacts, a "Tentative Map Drainage Study for Oxford Street", dated October 3, 2007, and amended October 17, 2007 and the "Tentative Map Water Quality Technical Report for Oxford Streef' dated October 3, 2007, prepared by Hunsaker & Associates, were submitted for the project and is summarized below: Existing Conditions The existing site is bordered on the north, west and east by existing single-family development. Drainage from the existing development, including the buildings and playfield, flows southerly toward East Oxford Street south of the site. The flows are then conveyed via existing curb, gutter aod sidewalk in a westerly direction towards the intersection of Melrose and East Oxford Street. Proposed The project proposes construction of a storm drain system, including a curb and gutter system, a cross-gutter, SwaleGard curb inlet filters, and a grass-lined swa1e. Low flows form the site would be intercepted and diverted by proposed cross-gutters to curb-inlet filters wlrich will screen out larger materials and discharge water directly ioto a proposed grass-lined swale located at the southwestern comer of the project site. The grass-lined swa1e will convey flow in a westerly direction, and will be graded at approximately 0.2% slope to permit water to percolate prior discharge to the public curb/gutter system on East Oxford Street at the southwestern comer of the site. Peak flows from the east side of the site will be conveyed along the proposed public street and bypass the cross gutter, flowing directly to East Oxford Street A portion of the peak flows from the west side of the site will enter the curb inlets filters and be diverted to the grass-lined swale before Resolution No. 2008-008 Page 10 discharge to the public curb/gutter system on East Oxford Street at the southwestern corner of the site while the remaining will bypass the inlets and flow out to East Oxiord Street According to the Engineering Department, the proposed improvements appear adequate to handle the project storin water runoff generated from the site. The existing flows to East Oxiord Street were analyzed under the 2, 10, 50 and 100-year flood event. Additional Best Management Practices (BMPs) included as part of the project design consist of a storm drain inlet protection system (curb inlet filters), grass-lined swale, and permeable pavement in the driveways. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. As a standard condition, a final drainage study will be required in conjunction with the preparation of the project grading plans. Properly designed drainage facilities wl1l be installed at the time of the site development to the satisfaction of the City Engineer. In addition, compliance with required NPDES regulations and construction BMPs such as de-silt basins and silt fences will reduce water quality impacts to a less than significant level. Implementation of the mitigation measures contained in Section F below would mitigate potential hydrology and water quality impacts to a level of less than significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Noise In order to assess potential noise impacts of the proposed project, a noise study was prepared by Dudek, entitled "Concordia Lutheran Church - Residential Project, City of Chula Vista Exterior Noise Study", dated April 17, 2007,.and addendum dated August 31, 2007 for the project. The study anticipated that on-site workers and adjacent residential population may be exposed to construction noise associated with short-term construction activities. However, the project MIl be required to comply with the City's Noise Ordinance. In addition, due to the minimal construction activities associated .with the project, impacts to surrounding residential properties related to construction noise levels are not expected to be significant. The proposed residential project is not located within the Health Risk Assessment Ares (HRAA), within 500 feet of any adjacent freeway or highway. The project is not anticipated to potentially violate the noise limits of the City's noise control ordinance. Residences on lots 1 and 24 will be directly exposed to auto traffic on East Oxford Street, and are likely to be affected by exterior CNEL noise levels of approx. of 61 decibels. Typical residential construction may lower the interior noise level approx. 20 dB with windnws closed. Installation of mechanical ventilation and/or air conditioning in the homes on lots 1 and 24 in accordance with the Ca. Building Code is necessary to ensure that windows can be closed to achieve compliance with the 45 dB interior standard. In addition, submittal of a subsequent noise study after installation of the rooftop and HVAC equipment for review. Implementation of the mitigation measures contained in Section F below would mitigate potential noise impacts to a level of less than significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. F. Miti..tion Necessary to Avoid Si2nificant Imoacts Air Oualitv . 1. The following air quality mitigation requirements shall be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance in writing by the City's Environmental Review Coordinator: . Minimize simultaneous operation of multiple construction equipment units. . Use low pollutant-emitting construction equipment. . Use electrical construction equipment as practical. . Use catalytic reduction for gasoline-powered equipment. . Use injection-timing retard for diesel~powered equipment. ~ Resolution No. 2008-008 Page 11 . Water the construction area twice daily to minimize fugitive dust . Stabilize graded areas as quickly as posSlble to minimize fugitive dust . Pave permanent roads as quickly as possible to minimize dust . Use electricity from power poles instead of temporary generators during building, if available. . Apply stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry. . Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. . Remove any visible track-out into traveled public streets within 30 minutes of occurrence. . Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. . Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. . Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during hauling. . Suspend all soil disturbance and travel on unpaved surfaces if YVinds exceed 25 miles per hour. . During rough grading, use of cooled exhaust gas re-circulation in conjunction with the following: a) Reduction of the number of pieces of equipment that operate simultaneously b) Reduction of the number of hours that equipment operations daily. The reduction in emissions would be directly proportional to the reduction in aggregate operating hours and/or c) U so equipment with lower horsepower ratings (emissions reduction would be directly proportional to the reduction in aggregate horsepower) . Requirement of one or a combination of the follo'Wing measures for reduction of emissions: a) Reduction of the number of pieces of equipment that operate simultaneously b) Reduction of the number of hours that equipment operations daily. The reduction in emissions would be directly propcrtional to the reduction in aggregate operating hours andlor c) Use equipment with lower horsepower ratings (emissions reduction would be directly proportional to the reduction in aggregate horsepower) Bioloz.ical Resources Migratory Birds I Cooper's Hawk 2. To ensure no direct and indirect impacts to raptors andlor any migratory birda occur during construction (including clearing and grubbing), construction activities adjacent to nesting habit should occur outside of the combined breeding season of JanWlI)' 15 to August 15 for these species. If removal of habitat and/or construction activities adjacent to nest habitat must occur during the breeding season, a pre-construction survey must be performed by a City-approved biologist to determine the presence or absence of nesting birds on and within 300 feet of the construction area and nesting raptors within 500 feet of the construction area. The pre- construction survey must be concluded 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 and/or raptors are detected by the City-approved biologist, a bio-monitor must be present on-site during construction to minimize construction impacts and ensure that no nests are removed or disturbed unb.l all young have fledged. Resolution No. 2008-008 Page 12 ~ Indirect Impacts 3. Prior to issuance of any land development permits, including clearing and grubbing or grading permits. the project shall implement Best Management Practices (BMPs) identified in the Storm Water Pollution Prevention Plan. BMPs shall be noted on grading and improvement plans and implemented during clearing and site development to the satisfaction of the City Engineer and Environmental Review Coordinator in order to avoid short-term indirect impacts to any biological resources in the project vicinity. Geolo~ and Soils 4. Prior to the issuance of construction permits, the applicant shall provide evidence to the City Engineer and City Building Official that all the recommendations in the GeoTecbnicallnvestigation prepared by Geocon, dated Aprlll8, 2007, have been satisfied. HazardsIHazardous Materials 5. Prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perform asbestos and lead-based paint abatement in accordance to all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation. Hvdrolo2V and Water Oualitv 6. Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction with the preparation of the fioa1 grading plans and lll1lSl demonstrate that the posr-development peak flow rate does not exceed the pre-developmeDt flows as indicated in the "Tentative Map Drainage Study for Oxford Street, prepared by Hunsaker & Associates, dated October 3, 2007", and amended October 17,2007, to the satisfaction of the City Engineer. Additionally, the City Engineer shall verify that the final grading plans comply with the provisions ofRWQCB NPDES Municipal Permit, Order No. R9-2007...QOOl with respect to cons1ruction~re1ated water quality best m.aI1agement 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 const:ruction. Compliance with said plan shall become a permanent requirement of the Mitigation Monitoring and Reporting Program. 7. Prior to the issuaDce of a grading permit, temporary desilting and erosion control devices shall be installed. Protective devices shall be provided at every storm drain inlet to prevent sediment from entering the storm drain system. These measures shall be reflected in the grading and improvement plans to the satisfaction of the City Engineer and Environmental Review Coordinator. ~ Interior - Vehicle Noise Mitigation 8. The windows of homes facing East Oxford Slreet (Lots I, 24) would need to remain closed to achieve a 45 CNEL interior noise level The design of these homes must include a means of mechaIiical ventilation and/or air-conditioning. The mechanical ventilation should be in accordance with the latest addition of the California and Uniform Building Code and to the satisfaction of the City Building Official md Environmeutal Review Coordinator. 9. Prior to approval of building permits, the applicant shall submit a subsequent noise study for the homes on Lots I and 24 to the satisfaction of the Environmental Review Coordinator demonstrating that the final roof-mounted HV AC and/or Air Conditioning equipment complies with the City's noise control ordinance at the property boundaries of 45 dBA Leq during nighttime hours and 55 dBA Leq during daytime hours or ambient noise levels, whichever is greater. Construction Noise and Vibration Mitigation lO. To TTl;'n;'!TI;7-e the potential Doise and vibration impacts during construction upon adjacent residences, the following shall be required: -~ Resolution No. 2008-008 Page 13 3. Prior to issuance of any land development permits, including clearing and grubbing or grading permits, the project shall implement Best Management Practices (B.M:Ps) identified in the Storm Water Pollution Prevention Plan. B~s shall be Doted on grading and improvement plans and implemented during clearing and site development to the satisfaction of the City Engineer and Environmental Review Coordinator in order to avoid short-t~ indirect impacts to any biological resources in the project vicinity. Geolol!V and Soils 4. Prior to the issuance of construction permits, the applicant shall provide evidence to the City Engineer and City Building Official that all the recommendations in the GeoTechnical Investigation prepared by Geocon, dated Apn1l8, 2007, have been satisfied. Hazards/Hazardous Materials 5. Prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perform asbestos and lead-based paint abatement in accordance to all applicable local, state and federal laws and regulations, including San Diego County.Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation. Hvdrolol?V and Water Oualitv 6. Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction with the preparation of the final grading plans and must demonstrate that the post-development peak flow rate does not exceed the pre-development flows as indicated in the "Tentative Map Drainage Study for Oxford Street, prepared by Hunsaker & Associates, dated October 3, 2007", and amended October 17,2007, to the satisfaction of the City Engineer. Additiooa1ly, the City Engineer sball verify that the final grading plans comply with the provisions of RWQCB NPDES Municipal Permit, Order No. R9-2007..QOOI with respect to construction~related water quality best management practices. If one or more of the approved post construction B:tv!Ps is non-structural, then a post-constru.ction BMP plan shall be. prepared to the satisfactiou of the City Engineer prior to the commencement of construction. Compliance with said plan shall become a permanent requirement of the Mitigation Monitoring and Reporting Program. 7. Prior to the issuance of a grading permit, tempoI"3I)' desilting and erosion control devices shall be installed.. Protective devices shall be provided at every storm drain inlet to prevent sediment from entering the storm drain system. These measures shall be reflected in the grading and improvement plans to the satisfaction of the City Engineer and Enviromnental Review Coordinator. Noise Interior - Vehicle Noise Mitigation 8. The windows oflmmes facing East Oxford Street (Lots 1, 24) would need to remain closed to achieve a 45 CNEL interior noise level. The design of these homes must include a means of mechanical ventilation and/or air-conditioning. The mechanical ventilation should be in accordance with the latest addition of the California and Uniform Building Code and to the: satisfaction of the City Building Official and EnviroIm:ll:ntal Review Coordinator. 9. Prior to approval of building permits. the applicant shan submit a subsequent noise study for the homes on Lots 1 and 24 to the satisfaction of the Environmental Review Coordinator demonstrating that the final roof-mounted HVAC and/or Air Conditioning equipment complies with the City's noise control ordinance at the property boundaries of 45 dBA Leq during nighttime hours and 55 dBA Leq during daytime hours or ambient noise levels.. whichever is greater. Construction Noise and Vibration Mitigation 10. To TrTi-n;m?:e the potential noise and vibration impacts during construction upOIl adjacent residences, the fOllowing sball be required: Resolution No. 2008-008 Page 14 A. All construction equipment shall be equipped with improved noise muffling, and have the manufacturers' recormnended noise abatement measures. such as mufflers, engine covers. and engine Vlbration isolators in good working condition. B. If possible, hydraulic equipment instead of pneumatic impact tools and electric powered equipment instead of diesel-powered equipment shall be used for all exterior construction work. C. All equipment shall be turned off if not in use. D. Pursuant to Section 17.24.050(1) of the Chula Vista Municipal Code, project-related grading, demolition or construction activities shall be prohibited between the hours of 10:0 p.rn. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.rn. and 8:00 a.m. Saturdays and Sundays. G. AlITeement to Imnlement Miti..tion Measures By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read, understood and bave 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 Jmpact Report. ~ ~~OtA'('t-I.-<.. /'f>AA 0, ff;>J1J:;( - P.7j: ~iM\ OTIt{ (..l..L... Printed Name and Title of Applicant orized r tive) [0 I\~( :LOO~ Date lo/l,,!(.2L.l:>9 Date Signature of Applicant (or authorized representative) N/A Printed Name and Title of Operator (if different from Applicant) Date N/A Date Signature of Operator (if different from Applicant) H. Consultation 1. Individuals and Organizations City of Chula Vista: Steve Power, Planning and Bw1ding Department Luis Hernandez, Planning and Building Department Maria Muett, Planning and Building Department Ben Guerrero, P1anning and Building Department Josie Gabriel, Planning and Building Department Resolution No. 2008-008 Page 15 Glen Laube, Planning and Building Department Lynnette Tessitore- Lopez, Planning and Building Department Tom Adler, Engineering Department Mario lngrasci, Engineering Department Silvester Evetovich, Engineering Department Jim Newton, Engineering Department Hasib Baha, Engineering Department Richard Hopkins, Public Works Operations Steven Gonzales; Public Works Operations David McRoberts, Public Works Operations Khosro Aminpour, Public Works Operations Muna Cuthbert, Public Works Operations Kelly Briers, Fire Department Others: Rafael Munoz, Chula Vista Elementary School District Hector Martinez, Sweetwater Authority Laurie Edwards, Sweetwater Authority Sweetwater Union High School District David Gottfredson, RECON 2. Documents City ofChula Vista General Plan, 2005 (as amended). Title 19, Chula Vista Municipal Code. City ofChula Vista MSCP Subare~ Plan, February 2003. Biological Resource Analysis prepared by Dudek, dated August 31,2007 and addendum. Geotechnical Investigation for Oxford Street, Chula Vista, Ca. dated April 18, 2007, and addendum dated October 8, 2007, by Geocon, Inc. Phase 1 Environmental Site Assessment - Concordia Lutheran Church and School, 267 East Oxford Street, Chula Vista, Ca. prepared by Dudek, April 2007, and addendum dated August 31, 2007. Tentative Map Drainage Study for Oxford Street, dated October 3, 2007 and amended October 17, 2007 prepared by Hunsaker & Associates Tentative Map Water Quality Technical Report for Oxford Street, dated October 2, 2007 and amended October 2007 prepared by Hunsaker & Associates. Air Quality uRBEMIS Model, dated October 2007 Concordia Lutheran Church - Residential Project, City of ChuIa Vista Exterior Noise Study", prepared by Dudek, dated April 17, 2007, and addendum dated August 31, 2007. Resolution No. 2008-008 Page 16 Archaeological Survey Report for Concordia Lutheran Church Project, 267 East Oxford Street, Chula Vista, Ca., prepared by Brian F. Smith & Associates, dated April 3, 2007, and addendum September 2007. Overview of Sewer Service for the Oxford Street Proiect. dated Seotember 26 2007 and amended October 2007. oreoared bv Dexter Wilson Enl!ineering. 3. Initial Studv This environmental determination is based on the attached Initial Study, and any comments received in response to the Notice oflnitial Study. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula yo CA 91910. Date: 1/ /'LI (09- I J :\Planning\RicbardZ\Environmental\ 1S-07 -031.finaIMND - ., Resolution No. 2008-008 Page 17 C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) API'IJCANl> Brookfield Shea Otay, LLC. INITIAL STUDY PROJECT 267 E. Oxford Street Request 24 SFD development on a 3.9 acre Iol ADO"""" S~ I FILE NUMBER:" NORTH No Scale 15-07-031 _cases: PCS-07417. PCZ"l7418 & GPMl741 J:\Planning\Publlc NoticesIJS\IS07D31.cdr 0426.07 C)(\-j-IE)\T j Resolution No. 2008-008 Page 18 ~ o ,.:. o '" u "- -------------------- I~ e Iii! 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Resolution No. 2008-008 Page 19 ATIACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) OXFORD STREET/CONCORDIA LUTHERAN CHURCH RESIDENTIAL -IS-07-031 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Oxford StreetfConcordia Lutheran Church Residential project The proposed project has been evaluated in an Initial StudylMitigated Negative Declaration prepared in accordance with the California Enviro=ental Quality Act (CEQA) and City/State CEQA Guidelines (1S-06-007) The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. All 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Program for this proj ect ensures adequate implementation of mitigation for the following potential impacts(s): I. Air Quality 2. Biological Resources 3. Geology and Soils 4. Hazards/Hazardous Materials 5. Hydrology and Water Quality 6. Noise MONITORING PROGRAM Due to the nature of the enviro=ental 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 Dec1aration IS-07-031 to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 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 -031, 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:\PlanniIlg\MARlA\Inilial Sl:u.dy\OxfDTll. Map\J5-07.o31MMRPtext.doc Oxford Slr..UConcordla Lutheran Church ResldenllalllS-07 -031\ Mltiaatlon Monllorlna and Reoortina Proaram Table 1 MITIGATION MONITORING AND REPORTING PROGRAM MItigation Measur. Comments 1. The foIlfJIMng air qualltyrntUgatlon requlrernenblshan be llhown on an applk:able grading, and buHdlng plana as details, notes. or as otherwise appropriate: . Mnlmlze simultaneous operation of mulUp~ COflstrucUon equlpmenl units. . Use low polutant-emlttlng conslructlon equipment. Use electrtcal COI'1Struction equipment as practical. Use catatytlc reducUon for gasoDne-powered equipment. Use Inlectlon~tlmlng retard for dlesel.powered eqUipment. Wahlr the construction area tyAce dally to mlnlmlze luglllve dusl Stabilize graded areas as quickly as possible 10 minimize fuglUve dusl. Pave permanent roads as quickly Bill possible lo minimize dust Use eleclr1clty from power polealnslead of temporary geoeram durlng building, If available. . Apply lltablllzer or pave the last 100 feel of Internal travel palh within a CONJtrucIlon slle prior 10 public road entry. Inslall wheel washera adjacent to a paved apron prior 10 vehicle enby on pubNc roads. Remove any vlsIble track-oullnlo traveled publJc streets within 30 minutes of occurrence. Wet wash the construcUon access point at the end of each WDfkday If any vehk:le lravel on unpaved surfaces has ocaJrred. . Provide sufficient perlmeter erosion control to prevent washout of silty matelial onlo public roads. Cover haullrUcks or maintain at least 12 Inches of freeboard to reduce blow-oK during hauling, Plan Check/Site InspecUon x x x AppllcanU Clly Engineering Department/City Planning and BuildIng Department . Psge~ I "0"" '" (1) OQ '" (1) 0 ~S o. ::> Z ? N o o 00 , o o 00 Oxford SlreeVConcordla Lulheran Church Resldenllal (lS-07-0311 Mlt1aation Monltorina and Reoortlna Proaram Table 1 . Suspend aU soli dls(urbanC9 and travel on unpaved surfaces If winds exceed 25 mile!! per hour. . During rough grading, use of cooled exhaust gas redrculalion In oonjunctlon with the following: a) Reducllon of the number of pleC8B d equipment Ihal operate sinultaneously b) ReducUon of the number of hours ht equipment opera~ons daBy. The reduction In emlsslons \'ItlUkt be dlrectty proportional to the reduction In aggregllle operaUng hours and/or c) Use' equipment with- lower horsepower rsUngs (emissions reduction would be dtrectly proportional to !he reducUon In aggregate horsepower) . Requirement of one or a comblnaUon of the following measures for reduction of emissions: s) Reduction of the number of pieces of equlpmenllhal operate simultaneously. b) ReductIon of the number 0' hours that equlpmenl operaUons dally. The reduction In emissions would be directly proporUonal to the reducUon In aggregate operating hours end/or c) Use equipment with lower horsepower rallngs (emissions reduction would be directly proportional to the reducllon In aggregate horsepower). Page-2 ""'" JQ ~ ,., 0 NC -- O' ::l Z o tv o o 00 , o o 00 Oxford SlreeUConcordla Lutheran Church ResldenUal f1S-D7,031l Table 1 Mltlaatlon Monltorino and ReoortinQ Proaram .""jl"""'" , "1' ' ., "j' '''1 'n.' c'" " ""II"''''"'I'''~'''""I"",:'r."''''''lll,l,n:''lli~~' "",', '~.' \ I I I I I _ " _ , ' , , ":..1 ,If < '1""1; I ,~ ,,4>> r'[i!1\l"" l;j h', II t 1'.\(" .,IJ'['I'll' ";~"l' I' II I . 4' - "~Fli'~!!,d\~j;-~"'~ Ii :1;l ,I ;"u'l l"'-" 1-)- d' , -I' -)',rl,lll~"tr",-:':'t'll f " ' '1',\./ "~J"lr'ili>: . r ~ ,iil:e,illLk-._l-Lr\ '~'S;>;;',...J\-. I, _' (> J.. l"~t.~,,,- ,,,_ ~ L~ _.'- ~,l" L'~ i_,~~ ._.,mllij./o. 2 . To ensure no direct and Indtrect Impacts to raptors and/or any migratory birds OCQJl' durlng COllstrucUon Qndudlng clearing and grubbing), construction activlUes adjacent to nesting habltsl should occur outstde of Ihe combined breeding seuon of JanuSf)' 15 10 August 15 for these Specl.BS. If removal of habitat and/or constructfon adlvlUes adjacent to nesl habitat must occur during the breedklg SE!ason, a pre-constructlon survey must be perfonned by a Clty.approved biologist to determIne the presence Of' absence or nesting birds on and wtthln 300 reet of tha construcllon are8 and n8l!lUng raptors wllhln 500 feet of the conslrucUori area. The pre-oonatructton survey musl be concluded YAlhin 10 calendar days prior '0 the slart of conslructlon, the results of which mlmt be submItted to the City for review and approval prlor 10 initiating any conslrucUon acUvlttes. If nesUng birds and/or raplors are detected by the Clty-approved biologist, a blo-monltor must be presenl otHIlie durlng construcUon to minimize construction Impacts and ensure that no nests are removed or dtsturbed untJ.[ all young have fled ed. 3. Prlor to the Issuance of any land developmenl permits IncludIng clearing and grubbJng or gradIng pennUs, the project shall Implement Best Management Practices (BMPs) identified in the storm Water PoIluHon PrevenUon Plan. BMPs shaM be noted on grading and Improvement plans and implemented durlng c1earlng Bnd site development to the saUsfaclton pf the City Engineer and Envtronmenlat Review Coordinator In order to avoid short-term indirect Impacts 10 any biological resources In the ectvlclni. !"f:!: I," .' :':1-' f ,II Pdor to tuuance of OOflIIInldIOO permits, the appllcanl shall provide evldencelo lhe City Engineer and City Building Official that eU the recorrmendatlont In Ihe Geotechnical Jnv8sf/gs'Ion, prepared by Geocon, dated rtl1 e, 2007 have been saUsfted. Plan Check/SHe InspecUon x x Plan Check/Site Inspection x x i "I, '. ", J'l', : Ii ;i! I ~'r...j' 11iIIiII:" !' '.i :' :":'Li 1"--;)<1)1[',-:1 " '" . ........... , ,,,' . Page. 3 x x AppllcanUCIly Engineering DepartmenUPlannlng and BuDding Department x AppncanVClty EngIneering OepartmenVftannlng and Building Department :"1'""(" ':',",f:",:flVP;;''-~:,~n:i!:'''1fu1- ,'[". ,y"', .~"..:"J,."';'jllfu,' _. ,~".,;;"L_c.:.."":"~.J<:,'..;,l AwI1canUClly Planning and Building DepartmentICity Engineering De rlmenl "" J'ci " IV IV ::<l " '" o [ O' ::s Z ? IV o o 00 . o o 00 il1.t ~ " Oxford 8treeVConcordla Lutheran Church Residential (18-07.031\ Mifiaation Manltarlno and Reoortina proaram Table 1 5. Prior to any demolmon activities, a licensed and reglslered asbestos and lead abatement contraclor shalf perfonn asbestos and leed-b8ssd paint abalementln accordance with all appllcable local. stale and federal laws and regulations, Including San Diego County Air Pollution Control rnstrlcl Rule 361.145 - Standard for Demolillon and RenoViltlon. Plan Check/Site Inspect/on x x x AppllcanVClly Planning and BuildIng DepartmenllCUy Engineering Department 6. 7. Prior to the ISsuance of a grading permit. a final drainage Plan Check/SIte Sludy shall be required In conjunction w1Ut the preparaUon Inspectlon of the final grading plans and must demonstrate that the post.-developmenl peak ftOVt/ rale does not exceed the pre-development flows 88 indicated in the "Tentattve Map Drainage Study for Oxford Street-, prepared by Hunsaker & Associates, deled Oclober 3. 2007 and amended October 17. 2007 10 the saUsf9Cllon of the City Engineer. Addlllonally, the City EngIneer shall verify that the flllal grading plans comply with the provisIons of Cali'omla Regional Water QuaMly Control Board, San Diego RegIon Order No. 2001~01 with respect to oonstrucUon.related water quallly best management practices. If one or more of Ihe approved post conslructlon BMPs Is non--structural then a post--construcUon BMP plan shall be prepared to Ihe sallsfacllon of the City Engineer prior lo the commencement of construction. CompDance with said plan shall become a permanent requirement of the Mlllgallon MonItoring and Reporting Program. Prior to the Issuance of a grading permit, lemporary Plan Check/Site desllUng and erosion conkol devices shan be Insta~ed. Inspection Protective devices shaU be provIded at every slorm drain Inlet 10 prevent sediment from enlerlng the slonn drain system. These measures shall be reflected In the grading end Improvemenl plans to the saUsfacUon of the City Engineer Bnd Environmental Review COOfdlnalor. AppllcanVClly Planning and Building DepartrnenllClty EngIneering Department x x X AppllcanVCity Planning and Building DepartmenllCity Engineering Department .. The w4ndows of homes facing East Oxford Street (Lots 1, 24) shall remain dosed to achieve a 45 CNEL Interlor noise level. The design of these homes musllnclude a means 0' mechanical venlllaUon andlor alr-condlllonlng. The mechanIcal ventilatIon should be In accordance with the latest addition of the Callfomla and Uniform Bulktlng Code and to Ihe satlsfacUon of the Building Official and Envlroomental Review Coordinator. ApplJcantlClty Planning and Building DeparbnenllClty Engineering Department Pagc-4 "O;:r;l po '" (JQ '" '" 0 NC w_ o' ::> Z ? N o o 00 , o o 00 Oxford SlreeUConcordla Lutheran Church Re.ldenllaIIlS-QHI31l 9. Pnor to approval of building pennlts. the appUcant shall submk a s~sequent noise sludy foJ homes on Lots 1 and 24 10 the saUsfactlon of lhe Environmental Review Coordlnalor demonstrating that lhe final roof-mounted HVAC and/or Nf CondItioning equipment compnes with the Clly'. noise control ordinance al the property boundaries of 45 dBA Leq during nightttme hour. and 55 dBA Leq during dayUme hours or ambient noise levels, whichever Is crosier. To minimize Ihe potenllal nols8 and v1braUoo Impacts during construction upon adjacent residences, the following shall be required: A. All construction equipment shall be equipped with Improved nols8 muffling, and hava the manufacturers' reconvnended noise abatement measures, such 8S mufflers, engine covera and engine vtbrallon tsoIates In good working candlUons. 10. B. If possible, hydraunc equipment Instead of pneumaUc impacts tools and eleclrlc powered equipment Inslead of dleseH)oWered equipment shall be used for all exterior construcllon work. C. All equipment shaH be turned oft tf not In use. D. Pursuant to SectIon 17.24.050(J) 0' Itle Chuta Vista Munkipal Code, prDJect.relaled grading, demollUon or construcUon activIties shlilH be prohibited belween Ills hours of 10:00 p.m. and 7;00 a.m. Monday Uvough Friday and between 10:00 p.m. and 7:00 a.m. Monday through Frklay and between 10:00 p.m. and 8;00 a.m. Saturdays and Sundays. J~\Plannlng\MARIA\lnhlal Study\Oxford Mlp\IS-07-031MMRPtbl.doc L Plan Check/Site Inspection Table 1 Page-5 x x x AppllcanUClly Plannlng and BuildIng DeparbnentlClty Engineering Departmenl Mitiaation MonllorJna and Reoortlna Proaram "1:1 ?:I '" C1> (JQ '" C1> 0 ~s. o. i:l Z !=' N o o 00 , o o 00 Resolution No. 2008-008 Page 25 ~I~ --- em", ENVIRONMENTAL CHECKLIST FORM CHULA VISV\ 1. Name of Proponent: Concordia Lutheran Church clo Brookfield Shea Otay, LLC 2. Lead Agency Name and Address: City ofChula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: Concordia Lutheran Church c/o Brookfield Shea Olay, LLC 12865 Pointe Del Mar, Suite 200 San Diego, CA 92014 (858) 481-8500 4. Name of Proposal: Oxford Street! Concordia Lutheran Church Residential 5. Date of Checklist: October 17, 2007 6. Case No.: 1S-07-031 ENVIRONMENTAL ANALYSIS QUESTIONS: Issues: Potentially Sipificant Impact Less Than Significant Wllh Miti&;adon Incorporated Less Than Sia:nificant Impact No Impact I. AESTHETICS. Would the project a) Have a substantial adverse effect 00 a scenic vista? o o o . b) Substantially damage scenic resources, including, but Dot limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? o o o . c) Substantially degrade the existing visual character or quality of the site and its surroundings? o o o . d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views o o o . Resolution No. 2008-008 Page 26 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Signlf'u:ant Impact N. Impact in the area? Comments: a-b )The proposal includes the development of twenty-four single family residential units with site improvements in accordance with the City of Chula Vista Municipal. The proposed landscape improvements would enhance and improve the aesthetic quality of Oxford Stree~ the proposed on-site public street and surrounding neighborhood. The proposed proj ect would not damage any scenic resources, vegetation, or historic buildings within a state scenic highway. The site is located on the side of a ridgeline developed with single-family homes, which slopes upbill to the east Development of the project site with homes could affect views from these adjacent properties. However, the development layout is designed to include side-yard setbacks, which allow views between proposed homes and above the roofline of single-story homes. The approval of the project will not substaotially degrade existing views across the property, therefore, no significant aesthetic impacts are anticipated. c) The proposal is an infill residential development project The proposed project will not substaotially degrade the existing visual character or quality of the project site or its adjacent residential surroundings. The project site is planned for single - family residential development according to the General Plan Land Use regulations. d) The project proposes one public streetlight on the cul-de-sac, and private lightiog for each residence, which should not affect adjacent residences. An existing streetlight will serve the project entry at the intersection of East Oxford Street and the proposed street The proposal will be required to comply with the City's minimum staodards for roadway lighting. The project will be required to comply with the light and glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CYMe). Compliance with these regulations will ensure that no significant glare, or light would affect daytime or nighttime views in the surrounding residential neighborhood area. Mitil!ation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. Would the project a) Convert Prime Faxm1and, Unique Fannland, or Farmland of Statewide Importance (Faxm1and), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Res~ Agency, to non-agricuJtura1 use? o o o . b) Conflict with existiog zoning for agricultural use, or o o o . --j Resolution No. 2008-008 Page 27 a Williamson Act contract? Less Thall Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated 0 0 0 . Issues: 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? Comments: a-<:)The project site is developed with a church, pre-schooVdaycare, and parking lot on the south side of the lot and play fields on the north side of the lot. The surrounding properties have been developed with single-family homes. These properties are consistent with the Chula Vista General Plan and zoning designation, and contain no agricultural resources or designated farmland. The proposal would not convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agricultural use and no impacts to agricultural resources would be created as a result of the proposed project. Miti!!ation: No mitigation measures are required. m. AIR QUAliTY. Would the project a) Conflict with or obstruct iroplernentation of the applicable air quality plan? o o o . b) Violate any air quality standard or contnbute 0 0 0 . substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase 0 . 0 0 of any criteria pollutant for which the project region is non-attaironent under an applicable federal or state ambient. air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose seositive receptors to substantial pollutant 0 . 0 0 copccntrations? e) Create objectionable odors affecting a substantial o . o o Resolution No. 2008-008 Page 28 Issues: number of people? Comments: (a-<o) See Mitigated Negative Declaration, Section E. Miti2ation: Potentially Significant Impact 1.= ThaD Significant WIth Mitfgatioll Incorporated Less Than Significant Impact N. Impact The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level ofless than significance. rv.BIOLOGICALRESOURCES. Wouldthe project a) Have a substantial adverse effec~ either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fisb and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Wator Act (including, but not limited to, marsh, vernal pool, ccastal, etc.) through direct removal, filling, hydrological interruption, or other means? o o o . . o o o o o o . __J Resolution No. 2008-008 Page 29 L~ Than Potentially Significant Less Than No Issues: Significant With Significant Impact Mitigation Impact Impact Incorporated d) Interfere substantially with the movement of any 0 . 0 0 native resident or migratory fish or wllcllife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? oj Conflict with any local policies or ordinances 0 0 0 . protecting biological resources, such as a lIee preserv>.tion policy or ordi=nce? I) Conflict with the provisions of an adopted Habitat 0 . 0 0 Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: a-I) See Mitigated Negative Declaration, Section E. Mitie-ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant biological resource impacts to a level of less than significance. v. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines !i 15064.5? o o o . b) Cause a substantial adverse change in the significance of an archaeological resoUICe pursuant to State CEQA Guidelines !i 15064.5? o o o . c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic o o o . Resolution No. 2008-008 Page 30 c- Issues: PotentiaDy Significant Impact LcssThan Significant With MificstiOD Incorponbed Less Than Significant Impact No Impact feature? d) Disturb any human rerrJllins, including those interred outside offonnal cemeteries? o o o . Comments: a) In order to assess potential bistoric resources located on the ~ecl site or surrounding areas, an archaeological/historical evaluation entitled "Archaeological SUlVey for the Concordia Lutheran Church Projecf' was prepared by Brian F. Smith & Associates, dated September 19, 2007. The following details summarize the results of the study. The existing structures were constructed between 1962-1965 and were not associated with any important events or individuals in terms of local, state or national history. The existing struc1JJres and the site do not qualify as a bistoric resouree under national, state or local register czjteria. The proposed project will not constitute a Sllbstantial, adverse change to the significance of Illl bistorical resource as the structure has been dctennined by the analysis not to be historically or architecturally significant within the project impact area. Therefore, no substantial adverse change in the significance of a historical resource as defined in Section 15064.5 is anticipated and no mitigation measures are required. b) The sill: has been disturbed by development of the church on the south 1/3 of the property and previous playfield use of the northerly '])3 of the property. Based on the level of previous site disturbance, the potential for significant impacts or adverse changes to archaeological resource as defined in Section 15064.5 is not anticipated. c) Based on the level of previous disturbance to the site and the relatively limited amount of additional grading for the proposed project, no impacts to unique paleontological resources or unique geologic features are anticipated. d) No human remains are anticipated to be present within the impact area of the project sill: as the project site has been previously disturbed with the existing church and auxilIary structures. Mitigation: No mitigation measures are required. VL GEOLOGY AND SOILS - Would the project a) Expose people or structures to potential substantial adve!se effects, including the risk of loss, injury or death involving: i RlIpture of a known earthquake fuuIt, as delineated on the most recent Alquist-Priolo o o o . . .1 Resolution No. 2008-008 Page 31 Less Than Potentially Significant Less Than N. Issues : Significant With Significant Impact Mitigation Impact Impact Incorporated Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fuult? ii. Strong seismic ground shaking? 0 . 0 0 ill. Seismic-related ground fail\Jl'e, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit ar soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- ar off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available far the disposal of wastewater? Comments: a-e) See Mitigated Negative Declaration, Section E. Mitigation: o o . o o o . o o o . o o o o . o o . o o o . o The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentiaIIy significant geological impacts to a level ofless than significance. Resolution No. 2008-008 Page 32 Issues: PotentWIy Significant Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project a) Create a significant h:=rd to the public or the 0 environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the 0 environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or bandle hazardous or 0 acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of 0 hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an aiIport land use 0 plan or, where such a plan has not been adopted, within two miles of a public aiIport or public use aiIport, would the project result in a safety hazard for people residing or worldng in the project area? f) For a project within the vicinity of a private 0 airstrip, would the project result in a safety hazard for people residing or worldng in the project area? g) Impair implementation of or physically interfere 0 with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of 0 loss, injury or death involving wildland fires, Less Tun Significant With Mitii;ation Incorporated o . o o o o o o Leo<. 1'h>n Significant Impact . o o o o o o o No Impact o o . . . . . . .J Resolution No. 2008-008 Page 33 Issues: Potenti2lJy Significant Impact Less Than Significant With Mitiption Incorporated Less Than Significant Impact No Impact including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: (a-b) See Mitigated Negative Declaration, Section E. c) See Mitigated Negative Declaration, Section E. The proposed project site is located within one-<jUllrter mile ofPalomar Elementary school located on East Palomar Street The proposed project will not emit acutely hazardous emissions or materials, therefore, will not create a significant impact to the schools within the surrounding area d) The proposed project is not located on a site included on the County of San Diego Department of Environmental Health Services Haz=Ious List pursuant to the G<>vemment Code Section 65962.5, therefore, will not create a significant impact to the public or the enviromnent. e) The project is not located within an airport land use plan nor within two miles of a public airport or public use airport; therefore, the project would not expose people residing or working in the project area to adverse safety hazards. . f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to adverse safety ha2ards. g) The project is designed to meet the City's emergency response plan, route access and emergency evacuation requirements. The proposed fire improvements include an emergency turning radius and fire hydrant No impairment or physical interference with the City's emergency response plsn is anticipated h) The project is designed to meet the City's Fire Prevention building and fire service requirements. No exposure of people or structures to a significant risk of loss, ir!jury or death due to wildfires is anticipated Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Hazards/Hazardous Materials impacts to a level of less than significance. vm. HYDROLOGY AND WATER QUALTIY. Would the project a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies o . o o Resolution No. 2008-008 Page 34 Issues: pursuant to 1I1e Clean Waler Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volwne or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which pemrits have been granted)? Result in a potentially significant adverse impact on groundwater quality? c) SubstantiaIly alter 1I1e 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 erasion or siltation an- 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 lOO-yearflaad hazani area which would impede or redirect flood flows? e) Expose people or structures to a significant risk of lass, injury or death involving flooding, including flooding as a result of the fiu1ure of a levee or dmn? f) Create or cantnbute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporated o o o o . Less Thall Significant Impact . o . o o No Impact o . o . o Resolution No. 2008-008 Page 35 Issues: Comments: (a-1) See Mitigated Negative Declaration, Section E. Mitil!ation: Potentially Significant Impact Less Th.an Significant With Mitigation Incorporated Less Than Significant Impact No Impact The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant HyclrologylWater Quality impacts to a level ofless than significance. IX. LAND USE AND PLANNING. Would the proj ect: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including. but not limited to the general plan, speciJic plan, local coastal prognun, or zoning ordinance) adopted for the purpose of avoiding or mitigating an envirorunental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? o o o o o . o o o . . o Resolution No. 2008-008 Page 36 Issues: Potenti28y Significant Impact Less ThaD Significant With Mitigation lncorporated Less Than Significant Impad: No Impact Comments: a) The project site is smrotmded with single-family residential land uses. The proposed residential infill project would be consistent with the Chula Vista General Plan and cllarader of the immediate surrounding residential area. The project would not disrupt or divide an established community; therefore, no significant land use impact would occur as a result of the project b) The project site is located within the Rl (Single-Family Residential) Zones and RIM (Low-Medium Density) Gcneral Plan land use designation. The project is required to rezone the existing parcel to R- I-S-P and be in compliance with the respective zoning. The project has been found to be consistent with the General Plan guidelines and regulations, therefore; no significant land use impacts are anticipated. c) Refer to Mitigated Negative Declaration, Section E. Potential short-term construction noise!raptor nesting impacts are addressed in the Mitigated Negative Declaration, Section, under Biological Resources. Mitil!:atioD: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Land Use!Planning impacts to a level of less than significance. X. MINERAL RESOURCES. Would the project a) Resuh in the loss of availability of a known mineral resource that would be of value to the region and the residents of the slate? o o o . b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o o . Resolution No. 2008-008 Page 37 Issues: Comments: PotentiaDy Significant Impact Less Than Signific:ant With Mitigation Iocorporated No Impact Less ThaD Significant Impact a) The project site has been previously disturl:>ed with the existing church. 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 Stale of California. b) The Stale of California Department of Conservation has not designated the project site for mineral resource protection. Therefore, no impacts to mineral resources are anticipated as a result of the proposed project. Mitieation: No mitigation measures are required. XI. NOISE. Would the project result in: a) Exposure ofpeISons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? . b) Exposure of persons to or generation of excessive groundbome vibration or groundbome 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 levels in the project vicinity above levels existing without the project? e) For a project Jocated within an aiIport 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 an:a to excessive noise levels? o o o . o o o . o o . o o o o . o o . o Resolution No. 2008-008 Page 38 Issues: PotentiaUy Significant Impact Less Than Siplficant With Midzation Inc.orporated Less Than SipUlcant Impact No Impact f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? o o o . Comments: a-d) See Mitigated Negative Declaration, Section E. e-f) The project is not located within an aiIport land use plan or within two miles of a public airport, nor is it located within the vicinity of a private airstrip. Therefore, the project development would nct expose people residing or working in the project area to excessive noise levels. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Noise impacts to . level ofless than significance. XU. POPULATION AND HOUSING. Would the project a) Induce substantial population growth in an area, either directly (fur example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? o o o . b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? o o o . c) Displace substantial nwnbm of people, necessitating the construction of replacement housing elsewhere? o o o . ~, Resolution No. 2008-008 Page 39 Issues: Pot~ntiany Significant Impact Less Than Signific::ant With Mitigation Incorporamd LeS! Than Significant Impact N. Impact Comments: a-c) The project is surrounded by existing residential development and involves the removal of the existing church and daycare buildings and related improvements. The proposed project does not involve the extension of public facilities that would induce substantial growth. Future residential development of the site for the proposed 24 single-family residential units is consistent with the General Plan and would not exceed the regional or local population projections. The proposed project would involve the rezoning of the site from R-I-? to R-I-5-P Zone, which is consistent with the RIM General Plan designation of the site, which would be similar to the existing adjacent single- family residential properties to the north, south and east. The proposed project would not involve displacement of existing housing or individuals. Mitintion: No mitigation measures are required. xm. PUBUC SERVICES. Would the project Result in substantial adverse physical impacts associated with the provision of new or physica11y altered governmental facilities, need for new or physica11y altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services: a. Fire protection? o o . o o b. Police protection? o o . c. Schools? o o o . o ci Parks? o o . e. Other public facilities? o o o . Resolution No. 2008-008 Page 40 Issues: Potentially Significant Impact Less nan Significant With Mitigation Incorporated Lts5 ThaD Significant Impact: No Impact Comments: a) According to the Fire Department, adequllte fire protection services can continue to be provided to the site. The applicant will be required to comply with the Fire Department policies for fire hydrant placement, fire flow, fire truck access and new building construction. The City's Fire performance objectives and thresbolds will continue to be met b) According to the Chula Vista Police Department, adequate police protection services can continue to be provided upon completion of the proposed project The proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. The City's Police performance objectives and thresholds will continue to be met c) The proposed project would not induce substantial population growth; therefore, no significant adverse impacts to public schools would result According to the Chula Vista Elementary School District letter dated May 22, 2007, the applicant would be required to pay the statutory building permit school fees for the proposed residential construction or an alternative financing mechmrism such as participation in or annexmion to a CFD is recomme:cded. d) The proposed project would not induce significant population growth, as it is a small residential infill project However, the applicant shall be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945 adopted by City Council on January 6, 2004. e) The proposed project would not have a significant effect upon or result in a need for new or expanded governmental services and would continue to be served by existing public infrastructure. Mitigation: No mitigation measures are required. XIV. RECREATION. Would the project a) Increase the use of existing neighborhood and regional parle; or o1her recreational fucilities such that substantia1 physical deterioration of the facility would occur or be accelerated? o o . o b) Does the project incInde recreational fucilities or require the construction or expansion of recreational fucilities, which have an adverse physical effect on the environment? o o o . ~- Resolution No. 2008-008 Page 41 Issues: Comments: Potentially Signific:ant Impac.t Leu Thag Significant With Mitigation Incorporated No Impact Uss Than Significant Impact a) The proposed project would not induce significant population growth, as it is a small residential infill project and would not impact existing or proposed recreational facilities. However, the applicant will be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945 adopted by City Council on January 6, 2004. b) The project does not include the construction or expansion of recreational facilities. The project site is not p1aooed for any future parks and recreation facilities or programs. Therefore, the proposed project would not have an adverse pbysical effect on the recreational environment Milinlion: 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 (ie., result in a substantial increase in either the nwnber of vehicle trips, the volwne to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cwnu1atively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Resu1t in a change in air traffic patterns, including eilher an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase ha=ds due to a design feature (e.g., shaIp curves or dangerous intersections) or incompatible uses (e.g., fium equipment)? e) Result in inadequate emergency access? o o o . o o o . o o o . o o o . o o o . Resolution No. 2008-008 Page 42 Less Than Potentially Sia:nHlcant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated f) Result in inadequate parking capacity? 0 0 0 . g) Conflict with adopted policies, plans, or programs 0 0 0 . supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: (a,b,d,e) According to the Traffic Engineering Division, in their memorandum dated September 25,2007, the proposed residential infill project is not anticipated to result in any significant traffic, circulation or emergency access impacts. The existing church and daycare generates approximately 304 Average Daily Trips (ADTs), as compared to the proposed project, which will generate approximately 240 ADTs. The traffic generated by the project will amount to a reduction of 64 ADT's. In addition, the project- generated trips will not exceed the level of service standard established by the county congestion management agency for designated roads or highways. Therefore, due to the minimal traffic increase and reduction of previous vehicular volume, the project will not create significant traffic operations impacts along East Oxford Street and surrounding residential or collector streets. c) The proposal would not have any significant effect upon any air traffic patterns, including either an increase in traffic levels or a chaoge in location that results in substantial safety risks. f) The proposal includes garage spaces in accordance with the Chula Vista Zoning Code, and parking on the proposed public street The proposal meets ADA requirements for accessibility and parking. g) There is an existing bus stop located I block westerly of the site at the intersection of Melrose and East Oxford Street h) The proposal would not conflict with adopted transportation plans or alternative transportation programs. Mitisration: No mitigation measures are required. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? o o o . Resolution No. 2008-008 Page 43 Issues: 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 cons1ruc1ion of new storm water drainage facilities or expansion of existing facilities, the constroction 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 lhe wastewater treabnent provider, which serves or may serve the project that it has adequate capacity to serve lhe project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill wilh sufficient permitted capacity to accommodate lhe project's solid waste disposal needs? g) Comply wilh federal, state, and local statutes and regulations related to solid waste? Less Than Patentiany Signifil:::l.nt Less Than No Significant With Significant Impac=:t Mitigation Impact Impact Inl:orporated 0 0 0 . o o . o o o o . D o o . D o o . o o o . Resolution No. 2008-008 Page 44 Issues: Potentially Significant Impact Less Than Signifiant With Mitigation Incorporated Lm Than SlgntIiCllDt Impact N. Impact Comments: a) The project site is located within an urban area that is served by all necessary utilities aDd service systems. According to the Engineering Department, wastewater requirements of the Regional Water Quality Comol Board not be exceeded as a tesult of the proposed project b) According to Sweetwater Authority correspondence dated April 24, 2007, an existing 8-inch water main is located on the south side of East Oxford Street, with one existing water service to the site. The proposed improvements will include a new water main extension within the proposed public road that connects to the existing Authority 'Water main in East Oxford Street, and terminates in the proposed cul-de-sac. This would include new separate laterals and meters for each parcel. As the water facility improvements are designed in accordance with water authority standards, no significant impacts to existing facility systems will occur as a result of the proposed project Adequate storage facilities exist to serve the project. c) The potential discharge of silt chJring construction activities could impact the storm drain system. Appropriate erosion control measures will be identified in conjunction with the preparation of final grading plans to be implemented during construction.. The proposed project will result in the construction of new storm water drainage facilities, :including grassy swales tmd a detention basin located at the southwest comer of the. site. Installation of these improvements in conjtmction with the proposed project will result in a reduction of stOIm. water flow. The proposed project is subject to the NPDES General Construction Permit requirements and sbaI1 obtain permit coverage and develop a Stonn Water Pollution Prevention Plan (SWPPP) prior to issuance of grading permits. In addition, the project shall be conditioned to implement construction and post-coostruction water quality Best Management Practices (BMPs) for storm water ponution prevention in accordance with the Chula ViSta Standard Urban Storm Water Mitigation Plan (SUSMP). No significant impacts to the City's storm drainage b.cilities are anticipated as a result of the proposed project d) The project site is within the potable water service area of the Sweetwater District Pursuant to correspondence from the Sweetwater Authority, dated September 25, 2007, adequate storage facilities exist, and the project may be serviced from the 8"-water main on East Oxford Street and the applicant will need to install a service main to service this site. A fire flow of 1,500 gallons per minute fire flow at 20 psi pressure for a two hour duration, as required by the Chula VISta Fire Department, is available to serve the project The proposed project will be required to construct expansions to existing water facilities as descnbed in Section b above. e) An Overview of Sewer Service for the project was prepared OIl September 26, 2007 and amended October 2007, prepared by Dexter Wilson Engineering. The project site is witbin the boundaries of the City of Chula Vista wastewater services area. The existing sewer facility system includes 8-inch sewer lines along East Oxford Street and one sewer lateral to serve the existing church. There are currently no sewer mains serving the northerly part of the site. Therefore a new 8-inch sewer Iatera1line witbin the proposed public street, connecting the sewer main in East Oxford Street is proposed to service the lots. The applicant shall be required to submit a final sewer report and plan showing compliance with the City's Sewer Design Criteria, to the satisfaction ofth.c City Engineer. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the proposed project f) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste needs of the region in accordance with State law. g) The proposal would be conditioned to comply with federa.l, state and local regulations related to solid ~w. . Mitil!ation" The mitigation measures contaiD.ed in Section F of the Mitigated Negative Declaration would mitigate identified storm water/storm drainage and wastewater impacts to a level of less than significant Resolution No. 2008-008 Page 45 Issues: xvn. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A)~ The City shall construct 60,000 gross square feet (GSF) of additional library space, 0= the June 30, 2000 GSF total, in the area east of InleIslate 805 by buildout The construction of said facilities shall be phased such that tba City will not fall below the city- wide ratio of 500 GSF per 1,000 population. Libnlry 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 (TJ minutes and maintain an average response time to all "Priority One" emergency calls of 5 5 minutes or less. b) Respond to 57 percent of ''Priority Two" urgent calls within seven (7) minutes and maintain an average response time to all "Priority Two" calls of 7.5 minutes or less. C) Fire and Emenzencv Medical Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured annually). D) Traffic The Threshold Standards require that all intersections must operate al a Level of Service (LOS) "C" or better, with tba exception that Level of Service (LOS) "D" may occur during tba peak two hours of the day at signalized inler1;ections. Signalized intersections west ofI-805 are not to operate a1 a LOS below their 1991 LOS. No intersection may reach LOS ''E" or "F" during the average weekday peak hour. Intersections of arteria1s with freeway IllIllpS are exeropted from Ibis Standard. Potenti.ally Significant Impact o o o o Less nan Significant With Mitigation Ineorporated o o o o Less Than Significant Impact o o o o N. Impact . . . . Resolution No. 2008-008 Page 46 Issues: E) Parks and Recreation Areas 'The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilitiesll,OOO population east ofI-805. F) Drainaae 'The Threshold S1>ndards require that storm water flows and volumes not exceed City Engineering S1>ndards. Individual projects will provide necessazy improvements consistent with the Drainage Master P1an(s) and City Engineering S1>ndards. G) Sewer 'The Threshold SW:ldards require that sewage flows and volmnes not exceed City Engineering S1>ndards. Individual projects will provide necessary improvements consistent with Sewer Master PIan(s) and City Engineering Standards. H) Water 'The Threshold S1>ndards require that adequate storage, treatment, and transmission facilities are constructed concurrently wi1h planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee offset program the City of Chula Vista bas in effect at the time of building permit issuance. ~- .---------------- .~.- Less Than Potentially Siplificu.t Less Than N. Significant With Sign1f1c:ant Impact Impact Mitigation Impaet Incorporated 0 0 0 . o o . o o o . o o o . o Resolution No. 2008-008 Page 47 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than SignifiC1lnt Impact: No Impact Comments: a) The project would not induce substantial population growth; therefore, no impacts to h'brary 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 !be Police Department, adequate police protection services can coll1inue 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 Depa.rtment. adequate fire protection and emergency medical services can continue to be provided to the project site. Although !be Fire Department has indicated they will provide sCIvice to !be project, !be project will coottibule to the incr=ental increase in fire service demand drrougbout lbe City. This increased demand on fire services will not result in a significant cumulative impact. No adverse impact to the City's Fire and Emergency Medical Threshold stmdards would occur as a result of the proposed project d) According to !be TIllffic Engineering Division, the surnmnding street segmcms and intersecti"", iDcluding East Oxford Street and Melrose A v= will continue to operate at !be same Lcvcl of Savice in compliance wilb the City's 1rafIic threshold stmdard with the proposed project tIllffic. No edverse impact to the City's 1rafIic threshold standards would occur as a result oftbe proposed project e) The proposed project wouId not induce significant population growfu, as it is a small residential infill project and would not impact existing or proposed recreational facilities. However, the applicant sball be required to pay Park Acquisition and Development Fees (pAD) in accordance wilb Oniirumce No. 2945 adopted by City Couucil on January 6, 2004. f) Based upon !be review of !be project, !be Eugineering Department has determined lbat lbcre are no sigDilicant issues regarding the proposed draioage improvemcIJts of the project site. The proposed drain system includes improvemetlt'l to existing dtainage culverts to handle 2, 10, 50 and 100-year storm even", . series of inlels, privare catch hasins and culverts, undcrgroond detention systl:Im, dischargc controls, and tiltcring systems. No adverse impacts to the City's dtainagc threshold standards will occur as a result of the proposed project g) An Overview of Sewer Service for !be project was prepared on Septmnber 26, 2007 and amended October 2007 by Dexter Wilson Engineering. The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing sewer tacility system includes 8-inch sewer lines along East Oxford Street and one lateral to sern: the existing cburclL There arc CUIreDtly no sewer mains serving the llOrtbcrly part of the site. Therefore . !lOW 8- inch sewer lateral line within !be proposed public street, cOlllleCting lbe sewer main in East Oxford Street is proposed to service !be to". The applicant shall be required to sobmit a final sewer report and plan showing compliance with the CIty's Sewer Design Criteria, to the satisfaction of the City Engineer. No adverse impacts to lbe City's scwu system or City's sewer 1breshold standards will occur as a result of !be proposed project b) The project site is within !be potable water service area of the Sweetwater District as llOted in 1heir cotrespondc:DJ:e. PuIswmt to cotte5pODdcnce from !be Sweetwater AuIhority dated 4124107, !be project may be serviced fi:om lhe 8" -water main on East Oxford Street and !be applicant will Deed to instaI1 . service main to service this site. No significant impacts to existing mciIity systems or lbe City's ~ threshold standards will -occur as a result of !be prOposed project Mitigation: No mitigation measures are requ:ired. Resolution No. 2008-008 Page 48 I : ~ Issues: xvm. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project bave the potential to degrade the quality of the enviromnent, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the nwnber 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 bave impacts that are individually 1imited, but cwnulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other =t project, and the effects of probable future projects.) c) Does the project bave enviromnentaI effects, which will cause substantial adverse effects on hwnan beings, either directly or indirectly'? Comments: Potentially SigniflcaDt Impact Less Than Significnt With Mitl&atioD Incorporated N. Impact Less Than Significant Impact o o o . o o D . o o D . a) See Mitigated Negative Declaration, Section E. Potential short-term construction Illptor nesting impacts are acklressed in the Mitigated Negative Declamtion, Section F, under Biological Resow=:. b) The project site bas been previously disturbed with a church land use and site improvements. No cumulative considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future projects bave been identified. c) The project will not cause substantial adverse effects on hwnan beings, either directly or indirectly, as the proposed project bas been mitigated to lessen any potential significant impacts to a level of less than significance. Mitigation: The mitigation measures con1ained in Section F of ihe Mitigated Negative Declamtion would mitigate potentially significant impacts to a level ofless than significance. .. __...$ Resolution No. 2008-008 Page 49 , < XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant hnpacts, and Table 1, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration IS-07-031. xx. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant andlor Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant andlor Operator's desire that the Project be held in abeyance without approval and that the Applicant andlor Operator shall apply for an Environmentallmpact Report. ,Af->.."\. Wi=- ~rf.J./[ e;..o~ "IM-oP<< ~ MAI"\ D. fi;.vNf3( - ~: t;N)fd{(,<.{J tM( /-l..<- Printed Name and Title of Applicant (or authorized representative) ~ Signature of Applicant (or authorized representative) to ((f! ;.,00 'l-- Date N/A Printed Name and Title of Operator (if different from Applicant) N/A Signature of Operator (if different from Applicant) Date Resolution No. 2008-008 Page 50 . , c XXI. ENVIRONMENTAL FACTORS POTENTlALL Y 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 cbecklist on the previous pages. o Land Use and Planning o Population and Housing . Geophysical o Agricultural Resources . HydrologylWater . Air Quality o Paleontological Resources ... DTransportation/Traffic . Biological Resources o Energy and Mineral Resources o Public Services o Utilities and Service Systems o Aesthetics ~azards and Hazardous Materials . Noise o Cultural Resources o Recreation o Mandatory Findings of Significance - Resolution No. 2008-008 Page 51 .' _ r xxn. 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 DlJIY have a significant effect on the environment, and an Environmental Impact Report is required. I find that the proposed project may have a "potentially significant impacf' or "potentially significant unless mitigated" impact on the enviromnent, 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 descnoed on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects thai remain to be addressed. I find that although the proposed project could have a significant effect on the enviromnent, because all potentially significant effects (a) have been anal;zed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to thai earlier EIR or Negative Declaration, including revisions or mitigation measures that are imPosed upon the proposed project, nothing further is required. 1I/'l/Io9: Date J - ,--'. .,.~. ---'-----'--'--~-- ~- . ",~,,"""~!'\.. '-"""'.,'~ l{?" ---',- o . o o o ~. ~'F.~