HomeMy WebLinkAboutPlanning Comm Reports/1992/01/08 (8)
Staff Report for
City Planning Commission
Agenda Item for January 8, 1992
Item No.,% I
Consideration of CEQA Documents for Midbayfront
I. BACKGROUND
At the December 18, 1991 meeting the Planning Commissioners approved the Midbayfront
Conceptual Development Plan -- Subcommittee Alternative, and directed staff to prepare the
following CEQA documents:
. Addendum to the FEIR
. CEQA Findings
. Mitigation Monitoring Program
. Statement of Overriding Considerations
Each of the documents are included in this package.
II. RECOMMENDATION
It is recommended that the Planning Commission adopt a motion recommending that the City
Council adopt a resolution:
A. (1) approving the Midbayfront Conceptual Development Plan (Subcommittee
Alternative), (2) making Findings of Fact relating to the feasibility of mitigation
measures and project alternatives, and (3) adopting a Mitigation Monitoring
Program and a Statement of Overriding Considerations; and
B. Certifying the Final Environmental Report for the Midbayfront Conceptual
Development Plan (Subcommittee Alternative) (EIR No. 89-08; SCH #89062807).
III. DISCUSSION
In order to complete the CEQA-mandated environmental process for the Midbayfront project,
the Planning Commission and City Council must: (1) make the Findings of Fact, (2) adopt the
Mitigation Monitoring Program, (3) adopt the Statement of Overriding Considerations, and
(4) certify that the FEIR is adequate for the Subcommittee Alternative project. Staff has
reviewed the minor modifications and no new issues from these modifications have arisen. Thus
the Addendum is the appropriate document to describe and clarify the minor modifications.
[c ,I WP51 IBA YFRONTIPC-ST AFF.RPT]
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA APPROVING THE MIDBAYFRONT CONCEPTUAL
DEVELOPMENT PLAN (SUBCOMMITTEE ALTERNATIVE), MAKING
FINDINGS OF FACT RELATING TO THE FEASffiILITY OF MITIGATION
MEASURES AND PROJECT ALTERNATIVES, ADOPTING A MITIGATION
MONITORING PROGRAM, AND A STATEMENT OF OVERRIDING
CONSIDERATIONS
WHEREAS, a draft Environmental Impact Report, dated August 1990, evaluating
the proposed Midbayfront Local Coastal Program (LCP) Resubmittal was prepared and was
transmitted by the City of Chula Vista, as lead agency, to all concerned parties for review and
comment; and
WHEREAS, notice of the availability of the draft Environmental Impact Report
was given as required by law; and
WHEREAS, written comments from the public on the draft Environmental Impact
Report were accepted from August 6, 1990 to September 26, 1990; and
WHEREAS, the City Planning Commission held a public hearing and accepted
public testimony on the draft Environmental Impact Report on September 26, 1990; and
WHEREAS, at this hearing, CHULA VISTA INVESTORS (the project applicant)
introduced a new revised concept plan described as Alternative 8; and
WHEREAS, based on new information raised in the public comment period and
at the public hearing, a Recirculated Draft Environmental Impact Report, dated July 1991, was
prepared for Alternative 8; and
WHEREAS, the Recirculated Draft supersedes the previous Draft Environmental
Impact Report; and
WHEREAS, the Recirculated Draft Environmental Impact Report, dated July
1991, evaluating the proposed Midbayfront LCP Resubmittal No.8 Amendment project, was
prepared and was transmitted by the City of Chula Vista to all concerned parties for review and
comment; and
WHEREAS, notice of the availability of the Recirculated Draft Environmental
Impact Report was given as required by law; and
WHEREAS, written comments from the public on the Recirculated Draft
Environmental Impact Report were accepted from April 10, 1991 to May 22, 1991; and
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Resolution re Midbayfront Conceptual Plan
Page I
WHEREAS, the public review period on the Recirculated Draft EIR was extended
until May 24, 1991 to allow additional response time for the U.S. Fish and Wildlife Service;
and
WHEREAS, the City Planning Commission held a public hearing and accepted
public testimony on the Recirculated Draft Environmental Impact Report on May 22, 1991; and
WHEREAS, agency and public comments have been addressed in the Final
Environmental Impact Report for Midbayfront LCP Resubmittal No.8 Amendment, dated July
1991; and
WHEREAS, the Midbayfront LCP Resubmittal No.8 project was heard by the
City Planning Commission on July 24, 1991; and
WHEREAS, the City Council certified the Final Environmental Impact Report on
August 20, 1991; and
WHEREAS, the City Council adopted Resolution No. 16328 on August 20, 1991,
which neither approved nor disapproved of the project but referred the project to the Bayfront
Planning Subcommittee for their review and recommendation; and
WHEREAS, the Bayfront Planning Subcommittee held approximately 15 public
meetings and recommended to the City Council to approve the Resubmittal No. 8 with minor
modifications (the "Subcommittee Alternative"); and
WHEREAS, these minor modifications to Alternative 8 include the elimination
of a previously designated luxury hotel and placing in its stead a Cultural Arts facility on
approximately three acres, a reduction of the number of residential units from 1400 to 1000
(though the total square footage remains the same), and minor design modifications to the
northern residential area; and
WHEREAS, the Final EIR certified by the City Council on August 20, 1991
addressed the impacts; and
WHEREAS, public notice was given on December 11, 1991, that the Final EIR
for Resubmittal No. 8 would be used as the EIR for the Midbayfront Conceptual Development
Plan (Subcommittee Alternative); and
WHEREAS, the Planning Commission has, by separate resolution (planning
Commission Resolution No. ), on , 1992, certified the Final
Environmental Impact Report (hereafter "EIR ") pursuant to the California Environmental Quality
Act ("CEQA ") (Pub. Resources Code, section 21000 et seq.) and the CEQA Guidelines (Ca!.
Code of Regulations, tit. 14, section 15000 et seq.) which analyzes the environmental effects of
the proposed Midbayfront LCP Conceptual Development Plan (Subcommittee Alternative)
(hereafter "Project"); and
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Resolution re Midbayfront Conceptual Plan
Page 2
WHEREAS, the EIR identified certain significant and potentially significant
adverse effects on the environment caused by the Project; and
WHEREAS, the Planning Commission and the City Council are required,
pursuant to CEQA, to adopt all feasible mitigation measures or feasible project alternatives that
can substantially lessen or avoid any significant environmental effects; and
WHEREAS, the Planning Commission desires, in accordance with CEQA, to
declare that, despite the occurrence of certain significant and potentially significant effects that
cannot be substantially lessened or avoided through the adoption of feasible mitigation measures
or feasible alternatives, there exist certain overriding economic, social, and other considerations
for approving the Project that the Planning Commission believes justify the occurrence of those
impacts;
Now, therefore, the Planning Commission of the City of Chula Vista does hereby
find, determine, resolve and order as follows:
[1]. Project Approval.
The Planning Commission hereby approves the Midbayfront LCP Conceptual
Development Plan (Subcommittee Alternative).
[2]. CEQA Findings and Statement of Overriding Considerations.
a. Adoption of Findings.
The Planning Commission does hereby approve, accept as its own,
incorporate as if set forth in full herein, and make each and every one of the CEQA Findings
attached hereto as Exhibit A.
b. Certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in Exhibit A attached hereto, the
Planning Commission hereby fmds, pursuant to Public Resources Code section 21081 and CEQA
Guidelines section 15091, that certain of the mitigation measures described in the EIR are
feasible, and will become binding upon the Project.
c. Infeasibility of Mitigation Measures and Alternatives.
As set forth in Exhibit A attached hereto, the Planning Commission finds
that the remainder of the proposed mitigation measures and none of the proposed project
alternatives set forth in the Final EIR can feasibly substantially lessen or avoid the potentially
significant effects that will not be substantially lessened or avoided by adoption of all feasible
mitigation measures.
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Resolution re Midbayfront Conceptual Plan
Page 3
d. Adoption of Mitigation Monitoring Program.
As required by Public Resources Code section 21080.6, the Planning
Commission hereby adopts the mitigation monitoring program ("Program"), set forth in
Exhibit B, incorporated herein by reference. The Planning Commission finds that the Program
is designed to ensure that, during project implementation, the Project applicant, and other
responsible parties, implement the Project components and comply with the feasible mitigation
measures identified in the Findings.
e. Statement of Overriding Considerations.
Even after the adoption of all feasible mitigation measures and alternatives,
certain significant or potentially significant adverse environmental effects caused by the Project
will remain. Therefore, the Planning Commission hereby issues, pursuant to CEQA Guidelines
section 15093 and as set forth in Exhibit A attached hereto, a statement of overriding
considerations identifying the specific economic, social, and other considerations that render that
unavoidable significant adverse environmental effects acceptable.
[4]. City Council Consideration.
These actions of the Planning Commission shall be forwarded on to the City
Council for their review and consideration.
Passed, approved and adopted this
day of
1992.
Chairperson, Chula Vista Planning Commission,
California
Attest:
Secretary to the Planning Commission
Chula Vista, California.
(SEAL)
[C,WP51 IBA YFRONI'\PC-0001.RES]
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Resolution re Midbayfront Conceptual Plan
Page 4
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT FOR THE MIDBAYFRONT CONCEPTUAL DEVELOPMENT PLAN
(SUBCOMMITTEE ALTERNATIVE)(EIR NO. 89-08) SCH #89062807
WHEREAS, a draft Environmental Impact Report, dated August 1990, evaluating
the proposed Midbayfront Local Coastal Program (LCP) Resubmittal was prepared and was
transmitted by the City of Chula Vista, as lead agency, to all concerned parties for review and
comment; and
WHEREAS, notice of the availability of the draft Environmental Impact Report
was given as required by law; and
WHEREAS, written comments from the public on the draft Environmental Impact
Report were accepted from August 6, 1990 to September 26, 1990; and
WHEREAS, the City Planning Commission held a public hearing and accepted
public testimony on the draft Environmental Impact Report on September 26, 1990; and
WHEREAS, at this hearing, CHULA VISTA INVESTORS (the project applicant)
introduced a new revised concept plan described as Alternative 8; and
WHEREAS, based on new information raised in the public comment period and
at the public hearing, a Recirculated Draft Environmental Impact Report, dated July 1991, was
prepared for Alternative 8; and
WHEREAS, the Recirculated Draft supersedes the previous Draft Environmental
Impact Report; and
WHEREAS, the Recirculated Draft Environmental Impact Report, dated July
1991, evaluating the proposed Midbayfront LCP Resubmittal No.8 Amendment project, was
prepared and was transmitted by the City of Chula Vista to all concerned parties for review and
comment; and
WHEREAS, notice of the availability of the Recirculated Draft Environmental
Impact Report was given as required by law; and
WHEREAS, written comments from the public on the Recirculated Draft
Environmental Impact Report were accepted from April 10, 1991 to May 22, 1991; and
WHEREAS, the public review period on the Recirculated Draft EIR was extended
until May 24, 1991 to allow additional response time for the U.S. Fish and Wildlife Service;
and
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Page I
WHEREAS, the City Planning Commission held a public hearing and accepted
public testimony on the Recirculated Draft Environmental Impact Report on May 22, 1991; and
WHEREAS, agency and public comments have been addressed in the Final
Environmental Impact Report for Midbayfront LCP Resubmittal No.8 Amendment, dated July
1991; and
WHEREAS, the Midbayfront LCP Resubmittal No. 8 project was heard by the
City Planning Commission on July 24, 1991; and
WHEREAS, the City Council certified the Final Environmental Impact Report on
August 20, 1991; and
WHEREAS, the City Council adopted Resolution No. 16328 on August 20,1991,
which neither approved nor disapproved of the project but referred the project to the Bayfront
Planning Subcommittee for their review and recommendation; and
WHEREAS, the Bayfront Planning Subcommittee held approximately IS public
meetings and recommended to the City Council to approve the Resubmittal No. 8 with minor
modifications (the "Subcommittee Alternative; and
WHEREAS, these minor modifications to Alternative 8 include the elimination
of a previously designated luxury hotel and placing in its stead a proposed Cultural Arts facility
on three acres; and
WHEREAS, the Final EIR certified by the City Council on August 20, 1991
addressed the impacts; and
WHEREAS, public notice was given on December 11, 1991, that the Final EIR
for Resubmittal No. 8 would be used as the EIR for the Midbayfront Conceptual Development
Plan (Subcommittee Alternative); and
WHEREAS, the Final Environmental Impact Report is a Program EIR prepared
in accordance with California Administrative Code Section 15168 and the Planning Commission
and the City Council recognize that further environmental review will be required for the LCP
resubmittal, the General Plan Amendment, Redevelopment Plan amendments and site
construction; and
WHEREAS, the Final Environmental Impact Report was prepared in accordance
with the provisions of the California Environmental Quality Act and its applicable Guidelines
and the ordinances of the City of Chula Vista;
Now, therefore, the Planning Commission of the City of Chula Vista does hereby
fmd, determine, resolve and order as follows:
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. . 'certification 'of Bm .
Page 2
'"
1. That the "Final Environmental Impact Report Midbayfront LCP Resubmittal
No.8 Amendment, Volume I and Volume II" dated July 1991, is adequate for the Planning
Commission's consideration of the Subcommittee Alternative;
2. That the Final Environmental Impact Report has been reviewed and considered
by the Planning Commission of the City of Chula Vista.
3. That the Final Environmental Impact Report is hereby certified by the
Planning Commission to have been completed in compliance with the California Environmental
Quality Act, all applicable guidelines, and all ordinances of the City of Chula Vista.
4. That the Planning Commission Secretary shall certify to the passage and
adoption of this resolution; shall cause the same to be entered in the book of original resolutions
of said Commission; shall make a minute of the passage and adoption thereof in the record of
the proceedings of the Planning Commission of said City in the minutes of the meeting at which
same is passed and adopted.
Passed, approved and adopted this
day of
1992.
Chairperson, Chula Vista Planning Commission,
California
Attest:
Secretary to the Planning Commission
Chula Vista, California.
(SEAL)
[C:WP51 IBA YFRONrlPC-0002.RES]
Certification of EIR
Page 3
ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT
[EIR 89-08; SCH # 89062807]
MIDBAYFRONT LCP RFSUBMITTAL NO.8 AMENDMENT
I. INTRODUCTION
1.1 Proposed Project
Chula Vista Investors is proposing a conceptual development plan totalling 3.8 million square
feet of mixed uses for the Midbayfront, an area of approximately 105 acres on the Chula Vista
bayfront.
1.2 Proiect Background
The original Draft Environmental Impact Report (DEIR) prepared on this project addressed the
potential environmental effects of a proposed Local Coastal Program. (LCP) Resubmittal,
including both text and graphics, for the Midbayfront area. However, at the end of the public
review period (planning Commission hearing, September 26, 1990), the applicant, Chula Vista
Investors (CVI) introduced a new revised concept plan for the project.1 This new concept plan
was described as Alternative 8 in the recirculated DEIR. (July 1991)
After recirculation of the DEIR and preparation of a Final Environmental Impact Report (FEIR)
in accordance with the California Administrative Code section 15088 and 15089, the project was
heard before the Chula Vista City Council and the Chula Vista Redevelopment Agency
("decisionmakers") on August 20, 1991. After hearing public testimony, the Council closed the
public hearing, certified the EIR as adequate and complete under the California Environmental
Quality Act (CEQA) and voted to neither approve nor deny the project. Rather the City Council
directed the Bayfront Planning Subcommittee2 ("Subcommittee") to work with staff to create
a plan which would resolve the environmental issues which were associated with Alternative 8.
The Subcommittee returned to the City Council with a project similar to Alternative 8. That
project is the project which is the subject of this addendum and will be referred throughout this
document as the "Subcommittee Alternative" or the "project". The Subcommittee's
recommendation is referred to as "Subcommittee Alternative". The applicant is requesting the
approval of a "conceptual development plan" or a "concept plan" only.
1 In addition to a new project description, Chula Vista Investors also submitted new
geotechnical and hydrology baseline information and design details, new biological mitigation
measures and new traffic mitigation measures. As a result of this information, a decision was
made that the DEIR should be recirculated in compliance with the provisions of Public
Resources Code Section 21092.1 and Sutter Sensible Planninl!:. Inc.. v. Board of Supervisors
(1981) 122 Cal.App.3d 813 [176 Cal.Rptr. 342].
2 The Subcommittee was established in May 1991 by the Chula Vista City Council to
increase public participation in the Chula Vista Bayfront planning process. The Subcommittee
of 11 voting members held 15 public meetings on the issue of formulating a Concept Plan for
the Midh.ay~ront: ".... " ..,',.
1
There are two minor changes between Alternative 8 (as discussed in the EIR) and the
Subcommittee Alternative. The first change is that the previously proposed luxury hotel has
been replaced by a Cultural Arts Facility and Amphitheater. There is a corresponding reduction
of 190 hotel rooms. The second change is the reduction of residential units from 1400 to 1000,
though the total residential square footage remains the same. There are also minor design
modifications in the northern residential area.
After reviewing the EIR prepared for Alternative 8, the Chula Vista Environmental Review
Coordinator for the City is of the opinion that the impacts identified for Alternative 8 are
substantially the same as those for Subcommittee Alternative. Consequently, the Council has
determined that with the exception of the preparation of this addendum pursuant to California
Administrative Code section 15164, no further environmental review (including recirculation of
the previously recirculated document) is required under CEQA for the approval of the Concept
Plan.
2.0 Environmental Review Requirements
Section 15162 of the CEQA Guidelines stipulates that in circumstances where an EIR has
previously been prepared and approved for a project, an additional EIR need not be prepared
unless:
1. Project changes are proposed with the potential for new significant environmental
impacts not considered in the previous EIR;
2. Changes have occurred to the "circumstances under which the project is
undertaken" which may result in new, significant environmental impacts not
considered int he previous EIR; or
3. Important new information has become available which was not known at the time
of EIR preparation and shows:
A. The project would have significant impacts not addressed in the EIR;
B. Previously identified significant impacts would be substantially more
severe;
C. Mitigation measures previously determined to be infeasible would be
feasible and would substantially reduce the significant impact(s); or
D. Mitigation measures or alternatives previously not considered would
substantially reduce significant impact(s).
Section 15164 of the CEQA Guidelines stipulates that the lead agency shall only prepare an EIR
addendum if:
1. None of the conditions included in Section 15164 requiring a new EIR have
occurred;
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2. Only minor technical revisions or additions to the environmental analysis in the
EIR are necessary for compliance with CEQA; and
3. The changes to the EIR do not raise "important new issues about the significant
effects on the environment. " .
3.0 Determination
The minor technical revisions under in the Project Description of EIR 89-08 do not change the
basic conclusions of the EIR. No new significant environmental impacts have been identified
as a result of the minor modifications. This addendum has been prepared in compliance with
Section 15164 of the CEQA Guidelines and with the environmental review procedures of the
City of Chula Vista.
The City's Environmental Review Coordinator has reviewed the requirements in the CEQA
Guidelines (Sections 15162 and 15164) for additional environmental documentation relative to
the previous decisions, new information which has been developed, and activities which have
occurred subsequent to the preparation of the Draft and Final EIRs for this project. The City
has concluded that:
1. The minor changes in the project design which have occurred since completion
of the Final EIR have not created any new significant environmental impacts not
previously addressed in the Final EIR;
2. Additional or refined environmental data available since completion of the Final
EIR does not indicate any new significant environmental impacts not previously
addressed in the Final EIR; and
3. Additional or refined information available since completion of the Final EIR
regarding the potential environmental impact of the project, or regarding the
measures or alternatives available to mitigate potential environmental effects of
the project, does not show that the project will have one or more significant
impacts which were not previously addressed in the Final EIR.
Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared
this addendum to the Final EIR to document the information and analysis which lead to these
conclusions. No public review of this addendum is required.
[C,IWP51\BAYFRONT\ADDENDUM.TXT]
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JAN 08 '92 13: 13 FW5-L ,.-') 714-643-41"18
P.2
FISH AND WILDLIFE SERVICE
irISH I\ND WILDt-Xn ISNHANCBHEIIIT
SOIlTIIImN OlILIJ'ORNIA IrImLD STATION
Laguna N~guel office
Federal auLl~inO, 24000 Avila Roa~
Laguna Niguel, CAlifornia 92656
United States Department of the Interior
January 8. 1992
H.. giana Richar~aon
Bnvironmantal 'acLlitato1:
CClUllunity'Developnent DepartDKlnt
city of Chul. Viet. .
P.O. $QX 1087 .
Chula vi.ta, c.lifornia 92012
R., Clarification .of Certain IitUig.tion Heuur.a Speoifiad. u. the
Recircul.tad Draft IIR for the Propo".d K~db.yfrOnt. Developllent.
Dear xe. Richard.on.
On D8C-': 30, 19\11. ~in Kenney of my' 8t:aU received a telephene call from
Tina Thoma., an at.torney I:epr.".nting t.he City of Ch..la Viet.. (City). She
raqq...tea clar~fioation of "peoLfLc mitigat.ion fa.ture. th.t would ba part. of
the propolled Hidbayfront project.. Thi. lett.er .ddre.... thi. i....e and
r.qu.ata that. the wor~inq of two lllitigation meuur." 8et forth in the B1010\JY
Seation of the' Recirculated Draft BIR for the Kidbayfront project be modified.
Th. U.S. Fiah and Wildlife Service" (Service) lettar dated Kay 23, 1991 (coPY
encloaed), t;o the City gcmment"d in dataU on variau. ..peat. of the
Recirculated Draft; ~nvir<>nmental Imp.ct Report (RIR) for the propo".~ Dbul.
VLata Inv..wre (CVI) IU.4bayfron~ ~.v.lopm8Dt. . All indiciat.84 in our Kay 23
lett.r, CVI'and CVI'S coneultant" have been working Clo.ely with the Service
Over. the pA.t year and . half to devalop ei.\lnificant campen..t.ion .....utQ that:
wcul~ offest proj.ct impactll and biological concarna r.iaad by the ..rvioe.
'The Servic.'. letter includes a summary of 10 ap.cific major compensation
m.asuree jointly arrived at by CVI .nd the ..nic" that would b. inco:porated
into the proposed IUdbayfront Project. The letter .1110 al:atea that CVI and
the Service are current.ly negoti.t.ing a contractual agreement which will
form.lh. 0I1I commitm.ntll \;0 implem.nt: the &i=ed-upon package of compenBat~on
meallttr....
In add1l:ion, .p.cific meallur.II were ident1tiild in the lIiolo\JY S.otion of the
Recirculat.d Draft IIIR. B....,. on our r.v!.... of thi. dooumant we rec_neS
t.hat the wording for two mitigation meaaurell identified in the EIR b.
moeStfied. The adjullt.menta r~eeted would bring the wor~ing for these
mit~g.tlon mea"~.. inl:o confg~anoe with the epeoific intent of the ..rvice
JAN 08 '9c 13:13 FW5-L' '714-643-4118
P.3
M.. Diana Rioha~dBon
2
ln .~ipula~ing tbe eqgivalent campen.atian meaaurea ~ wbiob Ohu1. Vi.t.
Inveetore hae ag-reed. I!lpecificaUy, _ I'..qu..t adjul!ltment in wording for
Mltigatian ......Ul'.. NO. 17 an4 RO. 26 as followa.
I'or Miti",atian Hlta.w::a Na. 17 (an ~.. 3-113 af the Recircul...ted Draft IIIIt),
.... IC'eCQllllllend be modifi..d t.o rllad.
"1'.evenuee generated from the .ell1ng, lellllln; ar operation of the
hotel., r..ldRnCII. and commercial p~operti.. ....eociated wlth the
propo.ed Hldbayf~ont would fund two (2) full-time It.aff people amployed
hy t.he u.s. 1'1eh and Wildlife l!Iervice, SWeetwater Hareh Rat.iOnal
WildlU.. Refuge (IIaruge). 'unding of t.he.e t.wo &taff poeitlona would be
in perpet.uit.y. Thes. ..ployees would speclfically be ...eaponaible fol'
controllln; avian and mallllllalian predatorlO of om.danqered apecies,
performlng- law ..nfor"....."t. .:eaponaibilit18. on t:b.. R..fug.., and ensuriuq
mitigat.ion r~irem8nt.s of tblt Kle1bayfront dBVIIlcpment are 1a\J:Ilelll8nted
in a rea_onable. ..ff..ct.ive and a t.imAly manner."
)'01' 'U.~iga~ion Keuure No. 26 (pa!!8 3-115), we "ec"""",nd be modlfied to ...ead,
"New _Ala.areh habit.at. t,ot.allJ.ng J\O f_~ t:han 13.2 aore. .hall be
oreat...d at. locat.lone in t:be SweetwAt.er HatBb nat.ional Wildlife ~efug"
aoce~able to tbe U.s, rlab and Wildlife Serv~ce. Tbe loca~ion, size,
mix of babi~a~ ~ype_, and det.ail.d d._i9n of thi. r.plAc......nt wetland
habit.at will I>e worked out: ln c:ccperation wit.h and subject. to t:he
approval of tbe u.s. rieb and Wildlife Service'e Enhancement and Refuge
oUlcee.
In addltlon to the wetland aoreage notad above CVI would be reepon8ible
tcr epacifioally oreatlnq 5.3 acree of wetland habit.at. Adjaoent. t.o "rIG"
atraet Harsh, 2.0 acre_ of wetland hablt.at. immediately we.t of "~/G"
st.reet. HAreh, and 3.8 ac~ee of wetland habit.at wit:hin Sweetwater Karsh
Nat.ional Wildlife Refuq.. or withln the boundati.... of HidbAyfront
pro~..ct."
By inccrporat.ing the e\l9geetad rewording, t.h..e ml~i.gation 1II...ur.e will be
brought int.o conformanoe wit.h t.he e~ivalent meaBuree previously stipulated by
the Service' and 8",reed to by OVI.
The l!Iervi"e wanta to work cloa..ly with t.he Clty regarding de'relopment of the .
"idbayfront.. In partioular, we want t:he oppor1;unlt:y t.o revlew and comtiIent: on
all future draft. .IR'a that dl_au... epecl!io developments withln ~he
Midbayfront.
coordinAt.ion on tbe Kidbayfront. Developnent ehould oont.l.nue to be oonducted
JAN 08 '9" 13: 14 FWS-L~'-'" 714-643-4118
P.4
~.. Diana aighardBon
3
with Xut..\.Q ItBnnBY of my ataff at (714) 643~4270 IInd Thcmaa Alexander, Refuge
XanageJ:, I!outhel:n califol:nia Cout.al Refuge Cccnplex lit (619) 575~1290.
~BrelY.
ge.
CDi"O, La M.sa, CiI. (At.t.nl T. Stewart.)
Southam California COaBtal aefug. complex, USFWS,
llIIpOIrial Seach, CiI. (Att..u T. AlexandeS')
caHforrlia COastal OomaIisl.l.on, San Diego, CA jAttn. II. Lee)
Me. Tina Thcmaa, Remy r. Th""'a, l!agrlUllllnto, (Q\
Mr. Ka:c'th8W A.. Pe1:erIlOD, 5'e"'.reon Q 111:'1.0., san Die9o, CA
. JAN 08 '9~ 13: 14 FWS-I "-0 714-.643-41.18
P.5
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United States Department of the'lnterior
FISH AND WILDLIFE SERVICE
FISH A:IID 1lILDLIi'I! ENHANCEKiNT
SOIJTllEBN CALIFORNIA II'IEL!) STATIOI!l
Laguna Nisu.l Offic.
iederal Buildins. 24000 Avila acad
Laauna ViSual, California 02'"
Hay 23, 1991
Douglas n. R.id
Environmental Review Coordinator
Planning Department
City of Chula Vista
P.o. Box 1087
Chuta Viata, California 92012
Ite: P..eview of City of Chl.lla ViDta's Recirculated Draft I!nvironme.nca1 Impact
a.port for the Propoa.d Midbayfront Development, Chu1a Vista, San Diego
County, C41iforma
Dear Mr. Reid:
Th.. U. S. Fish and Wl1dlite Service (5QJ:V1ce, has reviewed your April 1991
R..circulated Draft Environmental Impact Report (DEIR), Local Coastal Program
Resubmi1:t~l No.8 Amendment (LCP) , and Appendix C "Biological a.-ources" for
the propolsed dev..lopment of the Miclbayt"ront D......lopm.nt. Chula Villta,
California. The 58"ice in a Hay 22. 1991 telephone con...:vation with Robin
PU!:nam of your atatf requested a two day time extend,on to re....1ew and cOllllllent
on the DEIR. The Sat'Vlce requa.ted thts tim.. ..xt.nsion b.cause of the
necessity to appear in federal court to testify as an expert witness. Ms.
rutnm grantad this reque.t.
the Servic..'. review of th.... documeuts focused on tb.e dir.ct and ...condary
impacts the propcsed developmant of the proj.ct would have on fish and
wildlife rasources aud tha1r ..sociated habitats in Sweetwater Marsh National
Wildlife R..fuge (Refuge) and San Diego Bay (Bay) both of which lie immediately
to the wut and ar.. adjacent to the sl.lbject property. Proceccion of
biological inte~rity of the Refuge is paramount to the Service as the :!I.efuge
is inhabit..d by five .mdangered spec1u, contains over 90 p..rcent of th..
remaining coastal salt marsh hebitat found on the Bay. and is one of only
thr... F.deral refuges locat..d in coa..tal louchern Galifomia.
!he Service pr..viously reviewed the propo....d project in .. l.tter of commant
dated Sept.mber 26, 1990, which was submitt.d to the City of Chula-Vista on
the initial DEIR dared August 1990. Thi. letter id.ntified a number of
significant issues and cone.ms relative to tha potantial impacts the
Midbayfront Davelopmant would have Federal and State listed endangarsd species
and other biological resources within the a.fuga and Bay.
Since the submittal of our Sept.mber 26, 1990, letter, chula Visa Investors
(CVI) , the project applicant, and ~'G cO~8ultant8 have been working closely
JAN 08 '92: 13;15 'FWS-l'-I) 714-643-4118
P.6
Mr. Dou&las D. Reid
2
~ith the Service to develop significant compensation meaaurea that would
offsat project impaota and biological concerns raised by the Service. The
spacific compensation measurea jointly arrived at by CVI and the Service are
documented in CVI letters dated neceqb.r 16, 1990; J~uary IS, 1991; ~rch 22,
1991; and May 8, 1991, that have b..n submitted to the Service. Furthermor.,
CVI and thE' Service are cunent1y negotiating a contractual agreement which
..ill fOrlnali..e CVI comm1tmenta to 1mp1.....nt the agr..d-\1pon 11,"..kage of
compensation m.aaur..... Some of the maj or compensation measures CVI has agraed
in principle to implement include:
1. aeatoration of 3.5 acres of freshwater marsh and 2.3 acres of coastal
salt Dlarsh on highly dbturbed habitats that adjoin "FIG" Street Marsh.
2. In addition to thE' ac:rea&e mentioned above, CVI has committed to donat1ng
3.5 acres of land weat of "FIG" Street Marsh. Approximately 2 acres of
thi" lane! which is 1.nnnBdia.tely adj acent tc tha lIay would be converted to
coastal salt marsh habitat which would greatly enbanea the tidal prism of
the IllArsh.
3. CVI would construct a 50-foot long single span bridga with a lO-foot
vertical clearance across Marina Parkway to facilitate the movement of
marsh birda, particularly the endangered light-footed clapper rail
(rail) .
4. In addition t(l the bridge disCluued above, a minimum of three 48-1nch
diameter culverts would be placed to substantially increase tidal
flushing of "PIC" Stl:eet Marsh.
5. Detailed design I:equiremants for project buildings, landscaping, and
lighting would be incorporated in order to minimize project impacts On
biological resource.. A key alament of the design I:aquirements was to
eliminate potential avian predator perches that could facilitata
predation by rsptora on the endangered California least tern (tern) and
the rail.
6. An additional 100 feet to the 100-foot wide buffer stlpulatE'd in
Settlement Agreement (Sierra Club v. Marsh) would be provided 10 that all
development and public aCCeSS would be a minimum of 200 feet from "E"
street, Vener, and Sweetwater Marsh... The additional 100-foot buffer
lands, that total approximately 8.8 acns, would be pbnted with Mastal
sage sorub vsgetation. A fence being approximately 3,840 feet in langth
would be placed in the inLand portion of ths buffer a. a means to contl:ol
publio acceSs to the Refugs. Separate fencfng and pla.nting of coastal
sage scrub vegetatiou would be provided at "FIG" Strut Marsh, .
7. For the life of the Midbayfront Davalop~ent, CVI would fund a major
predator manage~nt progr4m ~o protect terns and rails and other species
of high mansgement priority to Servi~e (i.e., shore, marsh, and wading
birds) . Thill pl:ogram would include the funding of two full-time staff
pel:sonnal for the Refuge, at least two lessonal predator manage~ent
specialists hired by U.S. nepartment of Agr1cult\1re, Ani~sl P~age
Control, and a profeaaional ornitholOgist who bas .xpertise in handling
JAN 0B '9iO 13:16 FW5-' """0714-643-4118
P.7
Mr. Dougl~s D. R.aid
3
and capturing raptors.
8. Approximately 15 Acns of saltmArsh h.obitat on "D" Street Fill and 2
acres af freshwater habitat on Gunpowder Foint would be created. Bath
eites are located on lands administered by the Refuge.
9. Spacific funding ~uld be prQV1dec:\ to a aroup known as Frojeot Wildlife.
'Whioh is dedicated to the tempora:ry holding and rehabilitating birds af
prey.
10. Water quality control systems would be incorporated ~nd a specific wator
quality monitoring prosram would be implemented.
In view of the extenaive mitig~tlon measures specified in L~e April 1991
~eciroulated DEIR and the major compensation measuras committed to by CVI, it
is the position of the Service that tha biological issue8 and concarns raised
in our September 26, 1990, latter hava baan satiafactorily rasolved at the
conceptual leve], with one exception. This IIXCeption inoludes the development
of band of additional salt m&rah habitat that would provide a wildlife
movement ~orr1dor between "F/G" eereet Karsh and Sweetwater Marsh.
Ihe construction of a 200-foot wide corridor of salt marsh paralleling the Bay
and ~roviding a link between "F/Gn Street and "E" Street Marshea was discuaaed
~ elmas be~~Qn the Service and CVI during che pasc 7 monchs. CVI
maintained that a salt marsh corridor requested by the Service was noc
feasib],.. becausa it would not function hydrologically, the stability Qf the
habitat created would not laat without proCe~tion of a 1,400-foot breakwater,
and the corridor would create a number of critical problems with reapect Co
overall project design, project economic., and warketability. CVI was also
~oncarned clat A redesign of the Midbayfront Development plan. to incorporate
suoh a corridor, would disrupt the EIR and permit schadule, result in serious
time delays, and significantly increase project costs. CVI's conCerns with II
ealc mareh ~orrldor were eummllrized in II letter to the Service dated April 26,
1991. CVt believes compensation mellsura. 1, 2, and 3 listed above, combined
with a commitment to design the shorefMe of the propArty to prevAnt public
access to the Bay mudflats, provides adequata ~ompensation for waterbirds to
gB.in ACcesS to the mareh are...s of the Kidbayfl."ont. In light of these
compensation measures, CVI believas a wetland corridor i8 not needed.
In January 1991, the City of Chula Vista submitted to the Servioe, for our
nview. ... draft version of Alter....tiv" 9 "Public Comment Alternative," Figure
S.l-X, Volume 1 of the DEIR. One feeture of the plan which Wes extremely
attractive to the Service WB.S the redesign of the lagoon so that a freshwater/
bradti"h marsh <lorridor could be created between "FIG" Street Marsh and "E"
S~reet Marsh (Figure 1). This redeaign of the lagoon provides a watland link
b"twaen "F/C" and "En Stree~ Marahes withol4t encountering the problems crea~ed
by a system dependent Upon tidal f1uahing. We recommend incorporation of chis
feacure, if technically feasible. We believe this corridor is a critical
al.~8ne given ehe projected increB.s8 of traffic and people that would disrupt
normal bird ~igrations between marsh habitats.
The other wsjor COncern expressed by the Servica in our aepcember 26, 1990,
JAN 0S '9Z 13: 1i FWS-l . -') 714-643-411S" ," P.S'
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JAN 08 ' 92 13: 18 FW5-L' 1 714-643-4118
P.9
Mr. Douglas D. Reid
4
letter was a reduction of height and density of deve10pmenc wichin the
M1dbayfronC. In our September 26, 1990, letter WB stated:
"On a conceptual lAvel, we prefor a doveloPQlent plan similar to
Alternative 7a which hu no buildings vest of Marina Parkway, has
greatly reduced h..ighes for the proposed apartmsnt buildings noreh
of "E" sereet and shows 'passive' designation zone. for the
park/op.n "pac. adjacent to San Diego Bay and. Sw....t:wahr Mar.h NWll,
On.. ...rioWl drawbaok with this plan is the bicycle and pada"t:.:ian
path that 1$ proposed wsst of the 'paasiva' park deeignation zona,
Th.. bicyole and pedestrian path should ba located east of the
'passive' park zone to proeece shore, marsh and wading birds and ehe
Belding I S savannah sparrow from human disturbance.'
We note that Alternative 8 (Revised Project) has resulted in some reduction in
the height of buildings west of Marina Parkway. In particular, the height of
the ~ry Hotel west of Marina l'arkway has been reduced approximately in
half. Other atrw:turu west of the l'arkway have been elimi1\&ted. However,
reduce the d-ensity end heilbt of the buildings adjacent to the Refuge.
Conceptually, the Service prefers these alternAtives. However, before our
agency would fully endorSA thase plans, the Serviaa would want an opportunity
to review these plans in detail and to evaluate what specific compensation
me.sures would be incorporated into these developments to offset biological
impacts, particularly those to endangered species. However, evan with a
red-uced level of development, the Service would st~ll reaommend many of the
compensation me.aur..s that have been propossd in the DEIR be incorporated into
thesa alternatives. .
Sn@~ific Comments
R8ci~~~lated Draft ~~ironm8ntal ImD4D~ Repo~t - Volume 1 ] 0 ResponsQg to
CommQnt~. 3 3 CanAral Res~9p.e8 R8~ardi~2 Biol02{eal Issues. !.3.8.2 Covarnirti
Bodv for Pr8dato~ MAftA~ement Pro~ram. Pa.@ ~_~~
In this section of the document dlscU5"e" having .. governing body make
decision.! ;reSard!.ng the predator management program. It was also suggested
tbat it may b.. fea"ible that the ....nagement responsibility for implementing
the program be given to a single entity, which is governed. by the predstor
management plan and a joint-powers agreement and which is mlLde responsible to
a more broad-based, multi-jurisdiceional policy-making committee for neceseary
revisions to these documents. It has been the Service's position since
devalopment was proposed at the Midb&yfront that predator aontrol must be
incorporated as a feature of the project to eusure protection of sensi~ive
epecies. par~1cularly those speciee thae are listed as endangered by the
Service and/or California Department of Fhb and Game (CDFG). The Service's
and the Department's biologists have the necessary biological training and
share the mandate to manage for the.e sensitive species. Therefore, decisions
concerning th. necessary management of predators should be the sola
responsihility of our ag8ncy and CPFG.
AUU8ndix~. Bioloiical Re.ources . MidbavfrQn~. Part I ~ General Btoloiiaal
JAN 08 '9<: 13:18 FWS-l'
714-643-4118
P.w
~ .
M~. Dougla& D. Reid
S
Studies. Recommended MitiEation Measures. Rsouirements. Ps~e I-BO.
Mitigation measure number 7 stetes; "No 'in-water' construction should be
allowed during the period of 15 Aprll - 1 September to avoid the potential for
elevating turbidity in the nearshore foraging and chick training areas of the
California Lease Tern. No consttuAOt:1on activity, earthmoving, or high
intensity activity will OMur within 200 feet of any salt marsh, freshwater
marsh, or mudflat habitat during the period 15 Maroh to 31 August without
prior approval by the U.s. Fish and Wildlife Servioe and California Department
of Fish and Game."
The Service recommands the "in-water" timing restriction ref1eotsd above b.
modified. A timing restriotion to ensure no construction conflicts with the
tern should be from April 1 to September 15.
The provision of not allowing construction activity 200 feet frcm wetland
habitata from 15 March to 31 August would need to be oarefully evaluated on a
case-by-case basis. On March 13 and 14, 1991, pile driving operations being
conducted by California Department of Transportation (CALTBANS) on tbe
Interstate 5jaighway S4 Project that is adjacent to the Refuge resulted in
disturbanoe of terns nesting on "D" StJ::eet Fill. Even though tbe pile driver
was looated approximately 2,500 feet away from the nesting birds. start-up of
this piece of equipment would result in terns immediately laaving their nest&.
Based on these observations, the Service requested OALTRANS to immediately
cease pile driving operations. CALTRANS ccmplied with our request.
Commencement of work after August 31 l\I8.y not, in some years" avoid
construction oonflicts with tha tern. Terns generally init~ate migration from
San Diago Bay by the end of August. Howaver, sevsral times 'in recent years.
they have beeu observed in San Diego Bay aa late u the second week in
September. For thh reason, the Service recommends construotion work:
involving pile driving be initiated after September 15.
The Sarvice looks forward to continuing close interaction with (;VI to wode out
the details of the oompensation measures discussed to date. We also _nt to
formalize an agreement with CVI that stipulates a timeframe and a means of
implementing the compensation me88ures agreed upon.
The Service also wants to work closely witb your staff on proparty owned
and/or adminbtArad by the City adjacsnt to the Refugs. We want the
opportunity to review and CODDent on all future DEIR's that discu.. .pecific
development.. within the Midbayfront. Based upon the information contained
within the..e individual docUDIents, !:he Service may make additional
recommendations to avoid or reduce ~pacts to fish and wildlife species and
their habltats.
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:TAN 08 "92 "1"3;19 FWS";U''"<') 714-64:3-4118
P.ll
:...'
Mr. Douglas D. Reid
6
Coordination On the Hldbayfront Development should continua to be conducted
with MU1:in Kenney of my staff at (714) 643-4270, and Ron Ryno. Acting Rafuge
Manager, Sweetwater Karsh National Wildlife Refuge, at (619) 575-1290,
Sincerely,
~~
IIrooks Harper
Office Suparviaor
cc::
CDFG, La He..,,", CA (Attn: r. Stewart)
Sweetwater Kar..h NIiR, Impar1.al Beach, CA
California Coastal Co~lssion, San Dieso,
(Attn: R. Ryno)
CA (Attn: D. Lee)
!
I
EXIllBIT A
BEFORE THE CHULA VISTA
PLANNING COMMISSION
January 8, 1991
RE: Proposed Midbayfront Conceptual Development Plan;
"Subcommittee Recommendation"
(Alternative 8, with minor modifications)
FINDINGS OF FACT
I.
INTRODUCTION
The original Draft Environmental Impact Report (DEIR) prepared on this project addressed the
potential environmental effects of a proposed Local Coastal Program (LCP) Resubmittal,
including both text and graphics, for the Midbayfront area. However, at the end of the public
review period (planning Commission hearing, September 26, 1990), the applicant, Chula Vista
Investors (CVI) introduced a new revised concept plan for the project. 1 This new concept plan
was described as Alternative 8 in the recirculated DEIR. (July, 1991)
After recirculation of the DEIR and preparation of a Final Environmental Impact Report (FEIR)
in accordance with the California Administrative Code section 15088 and 15089, the project was
heard before the Chula Vista City Council and the Chula Vista Redevelopment Agency
("decisionmakers") on August 20, 1991. After hearing public testimony, the Council closed the
public hearing, certified the EIR as adequate and complete under the California Environmental
Quality Act (CEQA) and voted to neither approve nor deny the project. Rather the City Council
directed the Bayfront Planning Subcommittee2 ("Subcommittee") to work with staff to create
a plan which would resolve the environmental issues which were associated with Alternative 8.
1 In addition to a new project description, Chula Vista Investors also submitted new
geotechnical and hydrology baseline information and design details, new biological mitigation
measures and new traffic mitigation measures. As a result of this information, a decision was
made that the DEIR should be recirculated in compliance with the provisions of Public
Resources Code section 21092.1 and Sutter Sensible Plannine:. Inc.. v. Board of Supervisors
(1981) 122 Cal.App.3d 813 [176 Cal.Rptr. 342].
2 The Subcommittee was established in May, 1991 by the Chula Vista City Council to
increase public participation in the Chula Vista Bayfront planning process. The Subcommittee
of 11 voting members held 15 public meetings on the issue of formulating a Concept Plan for
the Midbayfront.
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The Subcommittee returned to the City Council with a project similar to Alternative 8. That
project is the project which is the subject of these findings and will be referred throughout this
document as the "Subcommittee Alternative" or the "project". The Subcommittee's
recommendation is referred to, and has been noticed as, "Subcommittee Alternative". The
applicant is requesting the approval of a conceptual development plan" or a "concept plan" only.
Should the City Council choose to approve the Subcommittee Alternative, then the applicant will
be required to prepare revised LCP Resubmittal and General Plan documents to reflect the new
concept plan contained in the Subcommittee Alternative. The concept plan defmes the land uses
that are contained in the Subcommittee Alternative proposal. Additionally, should the City
Council choose to approve the concept plan, further environmental documentation will be
required pursuant to California Administrative Code section 15168.
There are minor changes between Alternative 8 (as discussed in the EIR) and the Subcommittee
Alternative. First is that the previously proposed luxury hotel has been replaced by a Cultural
Arts Facility and Amphitheater. There is a corresponding reduction of 190 hotel rooms.
Secondly, there is a reduction ofresidential units from 1400 to 1000, though the total residential
square footage remains the same. There are also minor design modifications in the northern
residential area.
After reviewing the EIR prepared for Alternative 8, the Chula Vista City Council is of the
opinion that the impacts identified for Alternative 8 are substantially the same as those for
Subcommittee Alternative. Additionally, the hearing on Subcommittee Alternative is considered
a continuation of the Council's prior meeting on the project held on August 20,1991'and
continued until January 14, 1992. Consequently, the Council has determined that with the
exception of the preparation of an addendum pursuant to California Administrative Code section
15164, no further environmental review (including recirculation of the previously recirculated
document) is required under CEQA for the approval of the Concept P1an.3
II.
PROJECT DESCRIPTION
The proposed Project (the Subcommittee Alternative or the "Project") is a mixed use project
totalling approximately 3.8 million square feet of building area. The EIR for this Project
examines the Project at a "plan level" of approval only. Prior to any construction on the site
further environmental analysis will be required to further refine and defme the impacts associated
with the Project. Consequently, this EIR is defined as a Program EIR and has been prepared
with the understanding that the provisions of Guidelines section 15168 will be followed when
subsequent activities such as LCP resubmittals, general plan amendments, redevelopment plan
amendments, and site specific construction are contemplated.
3 "Concept Plan" or "conceptual developmental plan" are used interchangeably
throughout this document.
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Page 2
The concept plan for Subcommittee Alternative proposes 1000 residential units, 1610 hotel units,
150,000 square feet of commercial retail, 140,000 square feet of professional office, and
approximately 246,000 square feet which includes athletic facilities and a conference center.
A cultural arts facility on approximately 3 acres, approximately 20 acres of parks, and two
lagoons--one 10 acres and one 3 acres--are also part of the proposed plan.
The 10-acre lagoon is a salt water feature that would extend east from the Bay to the central
portion of the Midbayfront. The parks and the 10-acre lagoon would be available for public use
as well as for resident and visitor use. The 3-acre lagoon would be located amidst a private
residential area and is considered a private aesthetic amenity.
In formulating the Subcommittee Alternative, the Subcommittee made minor changes from
Alternative 8 as discussed in the EIR. The minor changes are the addition of a Cultural Arts
Facility in the location of the previously proposed luxury hotel and the resultant reduction of
total hotel units from 1,800 to 1,610; and, the reduction in the number of residential units from
1400 to 1000, though the total residential square footage remains the same. Also, minor design
modifications occur in the northern residential area.
The proposed Project is a combination of high- to low-rise structures, which vary in height from
229 . feet (hotel) to one- and two-story structures. The core area of the development would
include most of the high- and mid-rise structures, while the northern area would consist mostly
of two and four-story structures, with two high-rise towers.
Specifically, the discretionary action taken by the decisionmakers in approving this Project is:
1. Approval of the Concept Plan, known as Subcommittee Alternative, for the
Midbayfront.
The project description initially contemplated a LCP resubmittal and amendments to the Chula
Vista General Plan (update, 1989) and Redevelopment Plan. The applicant is now seeking only
a concept plan approval and intends subsequently to apply for the LCP resubmittal, general plan
amendment and redevelopment plan amendment.
ill.
ADMINISTRATIVE RECORD
For purposes of CEQA and the findings set forth below, the administrative record of the City
Council decision on the environmental analysis of this Project shall consist of the following:
1. The Draft (recirculated) and Final EIR for the Project;
2. All reports, memoranda, maps, letters and other planning documents prepared by
the planning consultant, the environmental consultant, and the City;
3. All documents submitted by members of the public, and public agencies m
connection with the EIR on proposed Project;
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4. Minutes and verbatim transcripts of all workshops, public meetings and public
hearings held by the City and Redevelopment Agency;
5. Any documentary or other evidence submitted at workshops, public meetings and
public hearings; and
6. Matter of common knowledge to the City, which it considers, including but not
limited to, the following:
a. Chula Vista General Plan(update)-2010;
b. Chula Vista Bayfront Specific Plan;
c. Chula Vista Zoning Ordinance;
d. Chula Vista Subdivision Ordinance
e. Chula Vista Local Coastal Program, Land Use Plan;
f. Chula Vista Bayfront Redevelopment Project Plan;
g. City of National City General Plan;
h. National City Local Coastal Program;
1. San Diego Unified Port District Master Plan;
j. U.S. Army Corps of Engineers Interim Final Permit,No. 88-267-RH
IV.
TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEOA
Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect
identified in an EIR for a proposed Project, the approving agency must issue a written finding
reaching one or more of the three allowable conclusions. The fIrst is th3.t "[c]hanges or
alterations have been required in, or incorporated into, the Project which avoid or substantially
lessen the significant environmental effect as identified in the final EIR." (Emphasis added.)
The second potential finding is that "[s]uch changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by such other agency. "
The third permissible conclusion is that [s]pecific economic, social or other considerations make
infeasible the mitigation measures or Project alternative identified in the final EIR.
As regards to the fIrst of the three potential findings, the CEQA Guidelines do not define the
difference between "avoiding" a significant environmental effect and merely "substantially
lessening" such an effect. The meaning of these terms therefore must be gleaned from other
contexts in which they are used. Public Resources Code section 21081, on which CEQA
Guidelines section 15091 is based, uses the term "mitigate" rather than "substantially lessen."
The CEQA Guidelines therefore equate "mitigating" with "substantially lessening." Such an
understanding of the statutory term is consistent with Public Resources Code section 21001,
which declares the Legislature's policy disfavoring the approval of projects with significant
environmental effects where there are feasible mitigation measures or alternatives that could
"avoid or substantially lessen" such significant effects.
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For purposes of these fmdings, the term "avoid" will refer to the ability of one or more
mitigation measures to reduce an otherwise significant effect to a less-than-sil!:nificant level. In
contrast, the term "substantially lessen" will refer to the ability of such measures or measures
to substantially reduce the severity of a significant effect, but not to reduce effect to a level of
insignificance. Although CEQA Guidelines section 15019 requires only that approving agencies
specify that a particular significant effect is "avoid[ed] Q[ substantially lessen[ed], " these
findings, for purposes of clarity, in each case will specify whether the effect in question has been
fully avoided (and thus reduced to a level of insignificance) or has simply been substantially
lessened (and thus remains significant).
Moreover, although Section 15091, read literally, does not require findings to address
environmental effects that an EIR identifies as merely "ootentially significant," these findings
will nevertheless fully account for all such effects identified in the Final EIR.
It is the policy of the City of Chula Vista and the Chula Vista Redevelopment Agency that a
project shall not be approved if it would result in a significant environmental impact if it is
feasible to avoid or substantially lessen such impact to a level below significance. Only when
there are specific economic, social or other considerations will the City of Chula Vista or the
Redevelopment Agency for the City of Chula Vista approve a project with significant
environmentaI impacts.
V.
LEGAL EFFECT OF FINDINGS
To the extent that these findings conclude that various proposed mitigation measures outlined in
the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of
Chula Vista ("City" or "decisionmakers") hereby binds itself and any other responsible parties,
including successors in interest, to implement those measures. These findings, in other words,
are not merely informational or hortatory, but constitute a binding set of obligations that will
come into effect when the City adopts a resolution approving the concept plan contained in
Subcommittee Alternative.
Many of the adopted mitigation measures are express conditions of approval. Other measures
are referenced in the mitigation monitoring program adopted concurrently with these findings,
and will be effectuated through the process of constructing and implementing the concept plan.
VI.
MITIGATION MONITORING PROGRAM
As required by Public Resources Code section 21081.6, the City Council of the City of Chula
Vista, in adopting these findings, also adopts a mitigation monitoring and reporting program as
prepared by Keller Environmental Associates, Inc. The program is designed to ensure that,
during Project implementation, the applicant and any other responsible parties comply with the
feasible mitigation measures identified below. That program is described in the document
entitled, Local Coastal Program Alternative 8A Mitigation Monitoring Program City of Chula
. .
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Page 5
Vista. The minor modifications made to the Project as a result of the review by the Bayfront
Planning Commission do not necessitate any significant changes to Mitigation and Monitoring
Plan (MMP).
VII.
SIGNIFICANT AND POTENTIALLY SIGNIFICANT
EFFECTS AND MITIGATION MEASURES
The Final EIR identified a number of significant or potentially significant environmental effects
(or "impacts") that Local Coastal Program Alternative 8 will cause, of which some could be
fully avoided through the adoption of feasible mitigation measures, while others could not be
avoided.
The proposed Project will generate a number of environmental effects that when considered
collectively, result in a significant cumulative effect to the environment.
The impacts anticipated to geology, soils, hydrology and water quality, visual/aesthetics and the
community character, air quality, biological resources, land use, transportation/access and from
conversion of agricultural lands to urban uses are considered cumulatively significant to the
Bayfront and/or contribute significantly to the impact of a resource in the region.
If this Project is approved, potential cumulative impacts would result not only from two or more
Project area impacts but also from the combination of the Project impacts with other properties
in the South Bay region. In addition, the proposed Project could encourage developments in the
nearby region that are of greater height or intensity than currently allowed. In order to build
or redevelop, these properties would be subject to CEQA, probably requiring ~ EIR for review
of proposed plans. Thus, a mechanism exists to check and limit cumulative impacts; however,
the potential exists for development and/or redevelopment at a greater scale than is presently
allowed.
The 15 + projects proposed or approved for the South Bay and discussed in the Cumulative
Impacts section of the Final EIR, will collectively result in significant impacts to the bayfront
environment. Although individual projects may reduce impacts to levels that are considered less
than significant, impacts cannot be entirely mitigated or avoided.
An attempt to address impacts on a cumulative, regional scale has been initiated by the San
Diego Unified Port District. The South San Diego Bay Enhancement Plan (not adopted to date)
addresses biological resources of the South Bay region and identifies areas that should be
reserved and enhanced, as well as potential mitigation areas for cumulative impacts. Due to the
increased urbanization of the South Bay region, and the limited possibilities (e.g., locations) for
mitigation of habitat and species, any large project proposed in this region should be considered
to contribute significantly to cumulative impacts.
When combined with numerous impacts of a similar type, the incremental contributions of the
proposed Project become significant for selected environmental resources as detailed below.
. ....,." ".......
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Page 6
Potentially Sitmificant Effects
The following environmental effects, which would be significant or potentially significant in the
absence of mitigation measures, can be avoided because of the adoption of such measures. Page
numbers of the Final EIR where the impacts are discussed follow each impact.
Detailed plans not available for on- and off-site water and sewer pipelines [FEIR,
Volume II, p. 3-4 through 3-9; Volume I, pA-6]
Ground settlement due to consolidation of compressible bay deposits and artificial fill
soils [FEIR, Volume II, p. 3-4 through 3-10; Volume I, p. 4-6]
Flooding of low lying areas [FEIR, Volume II, 3-14 through 3-20; Volume I, p 4-6]
Inconsistency with City of Chula Vista design storm flow and gravity pipe requirements
[FEIR, Volume II, p. 3-15 through 3-22; Volume I, p. 4-6]
Adequate data regarding quantity and quality of groundwater for lagoons [FEIR, Volume
II, p. 3-16 through 3-21; Volume I, p. 4-6]
The co-generation plant could create emissions that exceed new source limits and
cumulative impacts could occur from vehicular emissions combined with co-generation
plant impacts [FEIR , Volume II, p.3-52 through 3-54; Volume I p. 4-11]
Vehicular emissions would contribute incrementally to a regionally significant air quality
impact [FEIR, Volume II, p. 3-51 through 3-55; Volume I, pA-12]
Construction dust and idling trucks could result in unacceptable air quality effects [FEIR,
Volume II, p. 3-49 through 3-54; Volume I, p. 4-11]
Construction noise could reach unacceptable levels [FEIR, Volume II, p. 3-58 through
3-60; Volume I, p. 4-12]
Proximity of child care center to 1-5 and the co-generation facility could result in
unacceptable noise levels [FEIR, Volume II, p. 3-59 through 3-60; Volume I, p. 4-12]
Fluctuations in salinity regimes of the marshlands due to increased freshwater input from
site drainage could impact wetland wildlife and vegetation [FEIR, Volume II, p. 3-76
through 3-115; Volume I, p. 4-13]
Eelgrass habitats and mudflat habitat may be damaged from near shore
sedimentation/turbidity [FEIR, Volume II, p. 3-82 through 3-115; Volume I, p. 4-13]
Project construction would generate considerable noise and increased human activities for
a 20-year period [FEIR, Volume II, p. 3-84 through 3-115; Volume I, p. 4-13]
...... -.".".
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Page 7
,,_,~~,_'_J__"_.'___'.'____" ~,,-_..<.
Human and pet presence will decrease the use of the adjacent Sweetwater Marsh National
Wildlife Refuge by nesting and foraging avifauna [FEIR, Volume II, p. 3-88 through 3-
115; Volume I, p. 4-13]
Indirect effects on California Least Tern including water quality, degradation, nest site
predation, disruption from humans and pets, and altering of the predatory regime [FEIR,
Volume II, p. 3-104 through 3-115; Volume I, p. 4-13]
Placement of drainage pipes and resultant increased freshwater inputs and sedimentation
could severely affect eelgrass and mudflats marine resources [FEIR, Volume II, p. 3-306
through 3-115; Volume I, p. 4-13]
Development outside the Project boundaries (e.g., for utility extension to serve the site)
could impact archaeological sites [FEIR, Volume II, p. 3-120 through 3-124; Volume I,
p. 4-13]
Site grading may result in impacts to paleontological resources [FEIR, Volume II, p. 3-
122 through 3-123; Volume I, p. 4-13]
Traffic congestion, competition for parking, noise from traffic and visitors, and night
lighting would create significant incompatibility impacts with the residential component
of the Project [FEIR, Volume II, p. 3-148 through 3-151; Volume I, p. 4-19]
The proposed phasing plan would not provide adequate park area or parking for parks'
[FEIR, Volume II, p. 3-148 through 3-151; Volume I, p. 4-18]
Potentially insufficient amount of parking for park users [FEIR, Volume II, p. 3-149
through 3-152; Volume I, p. 4-19]
Concept plan would result in incremental contribution to cumulative impacts to non-
renewable energy resources [FEIR, Volume II, p. 3-158 through 3-163; Volume I, p. 4-
20]
proposed high rise buildings would result in the need for an additional ladder truck and
four-person fire crew [FEIR, Volume II, p. 3-159 through 3-164; Volume I, p. 4-21]
Proposed Project would result in increased fire inspection workload [FElR, Volume II,
p. 3-159 through 3-164; Volume I, p. 4-21]
Potential to result in fire service impacts of Project is not properly designed [FEIR,
Volume II, p. 3-159 through 3-164; Volume I, p. 4-21]
Solid waste from proposed Project would result in incremental contribution to limited and
declining landfill space [FEIR, Volume II, p. 3-160 through 3-164; Volume I, p. 4-21]
Impacts to sewer infrastructure [FEIR, Volume II, p. 3-160; Volume I, p. 4-21 through
4-22]
.. ........
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Page 8
Impacts to water infrastructure [FEIR, Volume II, p. 3-164 through 3-165; Volume I,
p. 4-22]
Incremental contribution to regionally significant demand on water resources [FEIR,
Volume II, p. 3-162 through 3-165; Volume I, p. 4-23]
Adequacy of supply and infrastructure for lagoon water from wells [FEIR, Volume II,
p. 3-162; Volume I, p. 4-23]
Potentially inadequate funding for school transportation costs [FEIR, Volume II, p. 3-162
through 3-167; Volume I, p. 4-23 through 4-24]
Significant Effects
The Project will result in the following irreversible environmental changes. All page numbers
following the impacts refer to pages from the Final EIR.
Seismic hazards/risk including ground shaking, surface displacement, liquefaction,
tsunamis, and earthquake induced-flooding [FEIR, Volume II, p. 3-6 through 3-11;
Volume I, p. 4-6]
Foundation design difficulties associated with construction of foundations at or near the
groundwater table [FEIR, Volume II, p. 3-6 through 3-11; Volume I, p. 4-6]
On-site flooding from storm overflow [FEIR, Volume II, p. 3- through 3-22; Volume
I, p. 4-6]
Erosion from coastal or inland flooding [FEIR, Volume II, p. 3-14 through 3-22;
Volume I, p. 4-6]
Siltation and chemical contamination/degradation of water quality from surface runoff
[FEIR, Volume II, p. 3-15 through 3-22; Volume I, p. 4-6]
Change in character of the view from the Nature Interpretive Center [FEIR, Volume II,
p. 3-29 through 3-41; Volume I, p. 4-7 through 4-8]
Obstruction of existing scenic bay views from public use areas and establishments along
Bay Boulevard [FEIR, Volume II, p. 3-31 through 3-41; Volume I, p. 4-7 through 4-8]
Creation of visually dominate urban landscape from areas within Chula Vista and 1-5
incompatible with the waterfront image identity of Chula Vista [FEIR, Volume II, p. 3-
34 through 3-42; Volume I, p. 4-7 through 4-10]
Construction and Project operations would create containments that would degrade water
quality [FEIR, Volume II, p. 3-79 through 3-115; Volume I, p. 4-12 through 4-13]
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Page 9
Concept plan would result in shade/shadow impacts to park and open space areas [FEIR,
Volume II, p. 3-150 through 3-151; Volume I, p. 4-19 through 4-20]
The alteration of predator/competition/prey regimes would adversely impact biological
resources [FEIR, Volume II, p. 3-91 through 3-115; Volume I, p. 4-13]
Loss of raptor habitat [FEIR, Volume II, p. 3-98 through 3-115; Volume I, p. 4-13]
Proximity of development to extensive wetland would result in vector impacts [FEIR,
Volume II, p. 3-101 through 3-115; Volume I, p. 4-13]
The development would create predator enhancement effects to the Light-footed Clapper
Rail and the Belding's Savannah Sparrow which are federal and state listed endangered
species respectively [FEIR, Volume II, p. 3-104 through 3-115; Volume I, p. 4-13]
The development would increase human and pet presence, significantly affecting the
quality of the adjacent Sweetwater Marsh National Wildlife Refuse, and decreasing the
use of the area by nesting and foraging avifauna [FEIR, Volume II, p. 3-88 through 3-
91; Volume I, p. 4~13]
The intensity of the proposed Project will result in a significant conflict due to
compatibility with the land use intensity in the surrounding area [FEIR, Volume II, p.
3-131 through 3-138; Volume I, p. 4-13 through 4-15]
Proximity of the proposed development coupled with its intensity creates significant land
use compatibility impacts with the National Wildlife Refuge [FEIR, Volume II, p. 3-133
through 3-138; Volume I, p. 4-14]
Proposed concept plan not consistent with certified LCP, General Plan (2010), and
Bayfront Redevelopment Plan [FEIR, Volume II, p. 3-138 through 3-140; Volume I, p.
4-15]
Inability of schools to serve needs of students produced from the site [FEIR, Volume II,
p. 3-138 through 3-140; Volume I, p. 4-15]
Significant traffic impacts at Broadway/"E" Street intersection [FEIR, Volume I, p. 4-27]
Significant traffic impacts at Broadway"F" Street intersection [FEIR, Volume I, p. 4-27]
Significant traffic impacts at Broadway/"H" Street intersection [FEIR, Volume I, p. 4-27]
Significant traffic impacts at 1-5 Northbound RampI"E" Street freeway ramp intersection
[FEIR, Volume I, p. 4-27]
Significant traffic impacts at 1-5 South bound Ramp/"E" Street freeway ramp intersection
[FEIR, Volume I, p. 4-27]
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Page 10
These impacts cannot be substantially lessened or avoided at the plan level; but, as described in
the Statement of Overriding Considerations, the City Council has determined that the impacts
are acceptable because of overriding economic, social and other considerations. The sub-
sections below will define each of the above-described impact issues in detail, setting forth either
the reasons why they are significant and unavoidable, the mitigation measures adopted to
substantially lessen or avoid them, or the reasons why proposed mitigation measures proved to
be infeasible due to specific economic, social or other consideration.
A. GEOWGY/SOILS/GROUNDWATER
Significant effect: Seismic hazards/risk exists, including ground shaking, surface
displacement, liquefaction, tsunamis, and earthquake-induce flooding. [FEIR, Volume II, p. 3-6
through 3-7; Volume I, p. 4-6]
Finding: Standard required design criteria and conventional engineering techniques
can be implemented to reduce the risk. However, the FEIR concludes that even with the
adoption of these criteria and techniques, as set forth in the FEIR and restated below, additional
study is necessary at the Project level to determine impact significance for the detailed
development plans. Impacts are therefore considered significant and not mitigated at this plan
level of analysis [FEIR, Volume II, p. 3-7, 3-11; Volume I, p. 4-6]. As described in The
Statement of Overriding Considerations, however, the City Council has determined that this
significant impact is acceptable because of overriding economic, social and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-8 through 3-10]
1. When detailed development plans for the Project area are proposed, detailed
grading and drainage plans must be prepared in accordance with the Chula Vista
Code, Subdivision Manual, and City ordinances and adopted standards. These
plans must include not only grading for structures and roads, but also grading for
on-site and off-site water and sewer pipelines. These plans must be approved and
permits issued by the Engineering Division prior to any grading work.
2. A site-specific geotechnical engineering investigation, including soils study and
seismic study, must be performed for the detailed grading and drainage plan and
for each proposed structure in the Project prior to issuance of building permits.
Each investigation must contain adequate subsurface exploration and analysis to
determine short-and long-term settlement magnitudes, expected seismic ground
shaking magnitudes and characteristics, and potential mitigation for seismic
ground failure (including liquefaction). Each investigation must contain detailed
foundation recommendations, and will be subject to review and approval by the
City of Chula Vista Engineering Department pursuant to adopted standards.
3. All high-rise structures will require deep foundations, or some type of mat
foundation integrated into subterranean parking, to provide adequate foundation
support for the structure.
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Page 11
4. Structures that encroach onto areas overlain by existing fill soils, alluvial soils,
or bay deposits will require some form of subgrade modification to improve the
support capacity of the existing soils for the additional engineered fills and! or
structural improvements. Soil improvement could include partial or total removal
and recompaction,. dynamic compaction, and/or the use of surcharge fills to
precompress saturated alluvial deposits or bay deposits which exist below the
groundwater table. Other conventional engineering techniques may also be used
to mitigate potential geotechnical impacts due to compressible soil. These
additional techniques to be defined at the Project level may include designs such
as deep foundations or mat foundations, or other methods acceptable to the
Department of Public Works.
5. Roadways, embankments, and engineered fills encroaching onto existing
compressible bay deposits and!or existing fill soils will require subgrade
modification pursuant to accepted engineering standards to improve the support
capacity of the existing soils and reduce long-term post-construction settlement.
Soil improvement could include partial or total removal and recompaction,
dynamic compaction, and/or the use of surcharged fills, to precompress saturated
alluvial deposits or bay deposits which exist below the groundwater table.
Portions of roadway fills, embankments, and other engineered fills may be judged
capable of accommodating some post-construction differential settlements,
depending upon the type of improvements they are to support. Site-specific
geotechnical studies to be completed at the Project level must address post-
. construction settlement potential as well as ways to mitigate post-construction total
and differential settlements to acceptable ranges, based on the specific types of
improvements proposed.
6. The use of the currently planned soil-cement lining (covering a clay soil layer)
for the 1Q-acre salt water lagoon (which encroaches onto compressible bay
deposits), will require sub grade improvements to ensure acceptable long-term
performance. Alternatives to this type of liner, including clay soil liners and
flexible pond liners may be considered. The applicant must determine which
liner would be used, any subgrade improvements necessary, and the choice and
design must be approved by the City in accordance with approved engineering
standards, prior to Project approval.
7. To reduce the risk of property damage and injury caused by seismic shaking,
geotechnical studies shall specifically address seismic analysis based on site-
specific subsurface data. At a minimum, seismic analysis shall address
seismically-induced slope failure, liquefaction, and ground surface accelerations.
Measures are technically available to reduce seismic risk, and will be required
where appropriate as part of the Project design.
8. The embankment separating the IQ-acre salt water lagoon from San Diego Bay
has tentatively been designed with a crown elevation of + 11 feet. Wind-induced
storm waves (discussed in the Hydrology Section of this EIR) or earthquake-
induced flooding could exceed the height of the embankment. An assessment
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Page 12
must be made prior to Project approval to evaluate stability of the embankment
during these conditions and the likelihood of these hazards. Design to be defined
prior to Project.. approval may include either elevating the height of the
embankment or reinforcing the crown of the embankment and must be approved
by the City.
* * *
Significant Effect: Potential foundation design and construction difficulties associated
with the construction of foundations at or near the groundwater table could occur [FEIR, Volume
II, p. 3-3; Volume I, p. 4-6]
Finding: The FEIR concluded that even with adoption of the measures set forth in
the FEIR and restated below, additional study is necessary at the Project level when detailed
development plans are available to determine impact significance and mitigation feasibility.
Impacts are therefore considered significant and not mitigated at this level of analysis [FEIR,
Volume II, p. 3-7 through 3-11; Volume I, p. 4-6]. As described in The Statement of
Overriding Considerations, however, the City Council has determined that this significant impact
is acceptable because of overriding economic, social and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. {FEIR, p. 3-8 through 3-10]
1. When detailed development plans for the Project area are proposed, detailed
grading and drainage plans must be prepared in accordance with the Chula Vista
Code, Subdivision Manual, and City ordinances and adopted standards. These
plans must include not only grading for structures and roads, but also grading for
on-site and off-site water and sewer pipelines. These plans must be approved and
permits issued by the Engineering Division prior to any grading work.
2. A site-specific geotechnical engineering investigation, including soils study and
seismic study, must be performed for the detailed grading and drainage plan and
for each proposed structure in the Project prior to the issuance of building
permits. Each investigation must contain adequate subsurface exploration and
analysis to determine short- and long-term settlement magnitudes, expected
seismic ground shaking magnitudes and characteristics, and potential mitigation
for seismic ground failure (including liquefaction). Each investigation must
contain detailed foundation recommendations, and will be subject to review and
approval by the City of Chula Vista Engineering Department pursuant to adopted
standards.
3. All high-rise structures will require deep foundations, or some type of mat
foundation integrated into subterranean parking, to provide adequate foundation
support for the structure.
.' . . ," .., . . > ~. .
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Page 13
,,:.,n... . -. ,.,
4. Structures that encroach onto areas overlain by existing fill soils, alluvial soils or
bay deposits will require some form of subgrade modification to improve the
support capacity of the existing soils for the additional engineered fills and/or
structural improvements. Soil improvement may include partial or total removal
and recompaction,' dynamic compaction, and/or the use of surcharge fills to
precompress saturated alluvial deposits or bay deposits which exist below the
groundwater table. Other conventional engineering techniques may also be used
to mitigate the potential geotechnical impacts due to compressible soil. These
additional techniques to be defmed at the Project level may include designs such
as deep fO!lndations or mat foundations, or other methods acceptable to the
Department of Public Works.
5. Roadways, embankments, and engineered fills encroaching onto existing
compressible bay deposits and/or existing fill soils will require subgrade
modification to improve the support capacity of the existing soils and reduce long-
term post -construction settlement. Soil improvement could include partial or total
removal and recompaction, dynamic compaction, and/or the use of surcharged
fills, to precompress saturated alluvial deposits or bay deposits which exist below
the groundwater table. Portions of roadway fills, embankments, and other
engineered fIlls may be judged capable of accommodating some post-construction
differential settlements, depending upon the type of improvements they are to
support. Site-specific geotechnical studies to be completed at the Project level
must address post-construction settlement potential as well as ways to mitigate
post-construction total and differential settlements to acceptable ranges, based on
the specific types of improvements proposed.
6. The use of the currently planned soil-cement lining (covering -a clay soil layer)
for the 10-acre salt water lagoon (which encroaches onto compressible bay
deposits), will require subgrade improvements to ensure acceptable long-term
performance. Alternatives to this type of liner, including clay soil liners and
flexible pond liners may be considered. The applicant must determine which
liner would be used, any subgrade improvements necessary, and the choice and
design must be approved by the City in accordance with approved engineering
standards, prior to Project approval.
7. Geotechnical studies prepared prior to Project approval and included in the
environmental analysis for the Project must also address the impact of foundation
location near or below the groundwater table, and recommendations shall be made
which mitigate both construction-period difficulties and uplift pressures that may
affect foundation elements and subterranean parking floor slabs extending below
the transient groundwater level. Construction-period mitigation must require
temporary dewatering. and/or utilization of a gravel mat to provide a working
surface upon which to operate construction equipment. Design techniques to
accommodate transient groundwater highs may include thicker concrete slabs to
provide sufficient dead weight to resist uplift pressures, deep foundations and/or
structural foundations to restrain slabs.
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Page 14
* * *
Potentially Significant Effect: Ground settlement could occur due to the consolidation
of the compressible estuarine/fluvial (bay) deposits and artificial fill soils on site [FEIR, Volume
II, p. 3-4; Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, p. 3-8 through 3-10]
1. When detailed development plans for the Project area are proposed, detailed
grading and drainage plans must be prepared in accordance with the Chula Vista
Code, Subdivision Manual, and City ordinances and adopted standards. These
plans must include not only grading for structures and roads, but also grading for
on-site and off-site water and sewer pipelines. These plans must be approved and
permits issued by the Engineering Division prior to any grading on the site.
2. A site-specific geotechnical engineering investigation, including soils study and
seismic study, must be performed for the detailed grading and drainage plan and
for each proposed structure on the Project prior to issuance of building permits.
Each. investigation must contain adequate subsurface exploration and analysis to
determine short- and long-term settlement magnitudes, expected seismic ground
shaking magnitudes and characteristics, and potential mitigation for seismic
ground failure (including liquefaction). Each investigation must contain detailed
foundation recommendation, and will be subject to review and approval by the
City of Chula Vista Engineering Department pursuant to adopted standards.
3. All high-rise structures will require deep foundations, or some type of mat
foundation integrated into subterranean parking, to provide adequate foundation
support for the structure.
4. Structures that encroach onto areas overlain by existing fill soils, alluvial soils,
or bay deposits will require some form of subgrade modification to improve the
support capacity of the existing soils for the additional engineered fills and/or
structural improvements. Soil improvement could include partial or total removal
and recompaction, dynamic compaction, and/or the use of surcharge fills to
precompress saturated alluvial deposits or bay deposits which exist below the
groundwater table. Other conventional engineering techniques may also be used
to mitigate potential geotechnical impacts due to compressible soil. These
additional techniques to be defined at the Project level may include designs such
as deep foundations or mat foundations, or other methods acceptable to the
Department of Public Works.
"'''.:'".
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Page IS
5. Roadways, embankments, and engineered fills encroaching onto existing
compressible bay deposits and/or existing fill soils are likely to require subgrade
modification to improve the support capacity of the existing soils and reduce 10ng-
term post -construction settlement. Soil improvement could include partial or total
removal and recompaction, dynamic compaction, and/or the use of surcharged
fills, to precompress saturated alluvial deposits or bay deposits which exist below
the groundwater table. Portions of roadway fills, embankments, and other
engineered fills may be judged capable of accommodating some post-construction
differential settlements, depending upon the type of improvements they are to
support. Site-specific geotechnical studies to be completed at the Project level
must address post-construction settlements to acceptable ranges, based on the
specific types of improvements proposed.
6. The use of the currently planned soil-cement lining (covering a clay soil layer)
for the 10-acre salt water lagoon (which encroaches onto compressible bay
deposits), will require subgrade improvements to ensure acceptable long-term
performance. Alternatives to this type of liner, including clay soil liners and
flexible pond liners may be considered. The applicant must determine which
liner would be used, any sub grade improvements necessary, and the choice and
design must be approved by the City in accordance with approved engineering
standards, prior to Project approval.
7. To reduce the risk of property damage and injury caused by seismic shaking,
. geotechnical studies. shall specifically address seismic analysis based on site-
specific subsurface data. At a minimum, seismic analysis shall address
seismically-induced slope failure, liquefaction, and ground surface accelerations.
Measures are technically available to reduce seismic risk, and-will be required
where appropriate as part of the Project design.
8. The embankment separating the 1G-acre salt water lagoon from San Diego Bay
has tentatively been designed with a crown elevation of + II feet. Wind-induced
storm waves (discussed in the Hydrology Section of this EIR) or earthquake-
induced flooding could exceed the height of the embankment. An assessment
must be made prior to Project approval to evaluate stability of the embankment
during these conditions and the likelihood of these hazards. Design to be defined
prior to Project approval may include either elevating the height of the
embankment or reinforcing the crown of the embankment and must be approved
by the City.
* * *
Potentially Significant Effect: No grading plans are available for on-site water and sewer
pipelines [FEIR, Volume II, p. 3-4; Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
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Page 16
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, p. 3-8 though 3-9]
1. When detailed development plans for the Project are proposed, detailed grading
and drainage plans must be prepared in accordance with the Chula Vista Code,
Subdivision Manual, and City ordinances and adopted standards. These plans
must include not only grading for structures and roads, but also grading for on-
site and off-site water and sewer pipelines. These plans must be approved and
permits issued by the Engineering Division prior to any grading on the site.
2. A site-specific geotechnical engineering investigation, including soils study and
seismic study, must be performed for the detailed grading and drainage plan and
for each proposed structure in the Project prior to issuance of building permits.
Each investigation must contain adequate subsurface exploration and analysis to
determine short- and long-term settlement magnitudes, expected seismic ground
shaking magnitudes and characteristics, and potential mitigation for seismic
ground failure (including liquefaction). Each investigation must contain detailed
foundation recommendations, and will be subject to review and approval by the
City of Chula Vista Engineering Department pursuant to adopted standards.
B. HYDROWGY/WATER OUALITY
Significant Effect: Flooding on-site from storm drain overflow [FEIR, Volume II, p. 3-
14 through 3-15; Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will lessen, although not to a less than significant level, the significant unmitigable
environmental effects regarding storm drain flooding. These measures shall be incorporated into
the Project level design. Additional information is necessary to determine Project level impact
significance and mitigation feasibility [FEIR Volume II, p. 3-22; Volume I p. 4-6]. As
described in the Statement of Overriding Considerations, however, the City Council has
determined that this significant impact is acceptable because of overriding economic, social and
other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicant through these fmdings. [FEIR, Volume I, p. 3-20]
1. Preparation of a detailed drainage plan in accordance with adopted engineering
standards, must be approved by the Engineering Department before construction.
To achieve required standards, it may be necessary to raise proposed pad
elevations at the easterly portion of the site in order to provide no less than a 0.5
percent westerly slope of the storm drain system.
2. Where storm drain pipes are installed with slopes flatter than 0.5 percent, and/or
where the storm drain pipes are continually or intermittently under water as at
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Page 17
bay discharges, an annual pipe inspection (e.g., by video camera) shall be
provided. Any siltation problems must be cleaned prior to the following rainy
season.
3. Preparation of a site-specific hydrology study to address flooding, and erosion
must be completed prior to Project approval and included in the environmental
analysis for the Project.
4. The storm drain system will be designed m accordance with adopted City
standards.
* * *
Significant Effect: Erosion from coastal or inland flooding. [FEIR, Volume II, p. 3-14;
Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will lessen, although not to a less than significant level, the significant unmitigable
environmental effects related to coastal or inland flooding. These measures shall be incorporated
into the Project level design. Additional information is necessary when detailed development
plans are available to determine i~pact significance and mitigation feasibility. [FEIR, Volume
II, p. 3-22; Volume I, pA-6] As described in the Statement of Overriding Considerations,
however, the City Council has determined that this significant effect is acceptable because of
overriding economic, social and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made- binding on the
applicants through these findings. [FEIR, Volume I, p. 3-20 through 3-21]
1. Preparation of a detailed drainage plan in accordance with adopted engineering
standards, must be approved by the Engineering Department before construction.
To achieve required standards it may be necessary to raise proposed pad
elevations at the easterly portion of the site in order to provide no less than a 0.5
percent westerly slope of the storm drain system.
2. Preparation of a site-specific hydrology study to address flooding, and erosion
must be completed prior to Project approval and included in the environmental
analysis for the Project.
3. Erosion control recommendations developed during site-specific hydrological
studies must be adopted as part of the Project approval. These erosion control
recommendations must include coastal erosion of embankments, erosion from
inland flooding (including exceeding capacity of site storm drain system), erosion
from flooding of the Sweetwater River, and erosion of the mudflats at storm drain
outlets.
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Page 18
4. The embankment separating the 1G-acre salt water lagoon from San Diego Bay
is to be constructed as a soil berm extending up to elevation + 11 feet. The
bayward slope may be subject to shoreline erosion. Likewise, the landward slope
may be subject to erosion from inland flooding. Mitigation measures which may
include a rock revetment to minimize erosion or other suitable design, must be
analyzed during the environmental review on the Project and adopted as a
condition of Project approval.
* * *
Significant Effect: Siltation and chemical contamination! degradation of water quality
from surface runoff (pesticides, fertilizers, oil grease, etc.). [FEIR, Volume II, p. 3-15 through
3-16; Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will lessen the significant, unmitigable impacts. However, the FEIR concluded that even
with adoption of these measures, set forth in the FEIR and restated below, additional study is
necessary when detailed development plans are available to determine impact significance and
mitigation feasibility. Impacts are therefore considered significant and not mitigated at this level
of analysis [FEIR, Volume II p. 3-22; Volume I, p. 4-6]. As described in The Statement of
Overriding Considerations, however, the City Council has determined that this significant impact
is acceptable because of overriding economic, social and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicants through these findings. {FEIR, Volume I, p. 3-20 through 3-21]
I. The applicant must prepare a detailed drainage plan in accordance with adopted
engineering standards, which must be approved by the Engineering Department
before construction. To achieve required standards it may be necessary to raise
proposed pad elevations at the easterly portion of the site in order to provide no
less than a 0.5 percent westerly slope of the storm drain system.
2. Where storm drain pipes are installed with slopes flatter than 0.5 percent, and!or
where the storm drain pipes are continually or intermittently under water as at
bay discharges, an annual pipe inspection (e.g., by video camera) shall be
provided. Any siltation problems must be cleaned prior to the following rainy
season.
3. Preparation of a site-specific hydrology study to address flooding and erosion
must be completed prior to Project approval and must be included in the
environmental analysis for the Project.
4. The detention basin has been designed with a minimum I-foot freeboard base on
a lOO-year!6-hour storm event. Additionally, a dip in "F" Street creates a
spillway for excess waters, which would then encroach on "F" Street as they
travel over the embankment and into the "F" and "G" Street Marsh [John
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Page 19
Goddard, pers comm.] Conventional engineering practice requires consideration
of inclusion of an emergency spillway in the design of the basin. This spillway
must be designed, to discharge excess storm water without encroaching on "F"
Street or causing damage to the downstream embankment to the satisfaction of the
Departrnentof Public Works.
5. The proposed design of the detention basin makes use of the adjacent "F" Street
embankment on the southerly edge of the basin as a small dam. A dam of this
size is required to comply with the requirements of the County of San Diego and
shall be constructed in accordance with the County Design and Procedure Manual
[rev. October 1985] which outlines spillway design for small dams (p. 11-13).
The applicant will be required to comply with all applicable County of San Diego
regulations. Compliance with these regulations will be verified by the City of
Chula Vista Engineer.
6. Traps for containment control must be approve by the City Engineering
Department before they may be installed.
* * *
Potentially Significant Effect: Flooding of (a) low-lying areas from tidal highs,
compounded by runup from wind-driven waves (coastal flood hazards); (d) flooding from the
Sweetwater River [FEIR, Volume II, p. 3-14; Volume I, p. 4-6].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-20]
1. The applicant must prepare a detailed drainage plan in accordance with adopted
engineering standards, which must be approved by the Engineering Department
before construction. To achieve required standards it may be necessary to raise
proposed pad elevations at the easterly portion of the site in order to provide no
less than a 0.5 percent westerly slope of the storm drain system.
2. Where storm drain pipes are installed with slopes flatter than 0.5 percent, and/or
where the storm drain pipes are continually or intermittently under water as at
bay discharges, an annual pipe inspection (e.g., by video camera) shall be
provided. Any siltation problems must be cleaned prior to the following rainy
season.
3. Prior to approval of the Project, the applicant must prepare a site-specific
hydrology study to address flooding, and erosion.
* * *
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Page 20
Potentially Significant Effect: Inconsistency with City of Chula Vista standards,
specifically related to the design storm flow and gravity pipe requirements. [FEIR, Volume II,
p. 3-15; Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures; The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-20 through 3-22]
1. The applicant must prepare a detailed drainage plan in accordance with adopted
engineering standards, which must be approved by the Engineering Department
before construction. To achieve required standards it may be necessary to raise
proposed pad elevations at the easterly portion of the site in order to provide no
less than a 0.5 percent westerly slope of the storm drain system.
2. Where storm drain pipes are installed with slopes flatter than 0.5 percent, and/or
where the storm drain pipes are continually or intermittently under water as at
bay discharges, an annual pipe inspection (e.g., by video camera) shall be
provided. Any siltation problems must be cleaned prior to the following rainy
season.
3. Preparation of a site-specific hydrology study to address flooding and erosion
must be completed prior to Project approval and must be included in the
environmental analysis for the Project.
4. The storm drain system, must be designed in accordance with adopted City
standards.
* * *
Potentially Significant Effect: Limited data regarding quantity and quality of groundwater
for the lagoons. [FEIR, Volume II, p. 3-16 through 3-17; Volume I, p. 4-6]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings.
1. The adequacy of groundwater quantity and quality for a lagoon on the site must
be addressed by the applicant by a thorough analysis conducted pursuant to a
scope of work approved by the City. This analysis must be completed prior to
Project approval and included as part of the environmental analysis for the
Project. If quantity and/or quality are not adequate, a different source of water
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Page 21
to be approved by the City (or other app must be used (Le., San Diego Bay).).
[FEIR, Volume IT, p. 3-21]
C. VISUAL AESTHETICSI COMMUNITY CHARACTER
Significant Effect: Change of the overall character of the view from the Chula Vista
Nature Interpretive Center, from a predominantly natural and scenic wetlands setting to one of
intense urban development [FEIR, Volume IT, p. 3-29, 3-41; Volume I, p. 4-7 through 4-8]
Finding: The FEIR described mitigation measures that required a redesign of the
proposed Project. No other mitigation measures were identified that would reduce the impacts
to a level below significant. Redesign would include lowering building heights to existing LCP
limitations, with low profile apartments, high rise hotels not exceeding 12 stories, and scaled
down development east of the marsh. Redesign of Concept Plan Alternative 8 (beyond the
minor modifications proposed by the Bayfront Planning Committee) is not proposed, thus the
environmental effects remain significant. [FEIR, Volume IT, p. 3-39, 3-41; Volume I, p. 4-7
through 4-8] As described in the Statement of Overriding Considerations, however, the City
Council has determined that this significant impact is acceptable because of overriding economic,
social and other considerations.
* * *
Significant Effect: Obstruction of existing scenic bay views from public use areas and
establishments along Bay Boulevard. [FEIR, Volume IT; p. 3-31;3-39; Volume I, p. 4-8]
Finding: The FEIR described measures that required a redesign of the proposed Project
in such a way as to permit intermittent views to the bay in order to redu~ the significant
impacts to a level below significant. No other measures were found that reduced the impacts
to a level below significant. Redesign (of the Concept Plan, Alternative 8 with modifications)
was not proposed thus the environmental effects remain significant. [FEIR, Volume IT, p. 3-39
through 3-41; Volume I, p. 4-7 through 4-8] As described in the Statement of Overriding
Considerations, however, the City Council has determined that this significant impact is
acceptable because of overriding economic, social and other considerations.
* * *
Significant Effect: Creation of a visually dominant urban landscape from areas within
the City of Chula Vista and from 1-5 that would be incompatible with the waterfront image
community identity of Chula Vista. [FEIR, Volume II, p. 3-34 through 3-35; Volume I, p. 4-9
through 4-10].
Finding: Changes or alteration have been required in, or incorporated into, the Project
which will lessen, although not to a less than significant level, the significant, unmitigable
environmental effects. These measures must be incorporated into the Project level design and
analyzed in the environmental review for the Project. Even with incorporation of these
measures, as set forth in the FEIR and restated below, mitigation to a level of less than
significant would require Project redesign. Redesign is not proposed, thus the environmental
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Page 22
effects remain significant [FEIR, Volume II, p. 3-39 through 3-42; Volume I, p. 4-7,4-9 through
4-10]. As described in the Statement of Overriding Considerations, however, the City Council
has determined that this significant impact is acceptable because of overriding economic, social
and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-40 through 3-41; Volume I, p. 4-7
through 4-10]
I. The design of the Project must establish landmarks on the site which would be
visible from "E" Street. The design of the Project must also establish a design
pattern or sequence north of the freeway and continue this design element on the
site. The Project must use compatible streetscapes along "E" Street on both sides
of the freeway to create a visual connection between the Project site and portions
of Chula Vista east of the freeway. The streetscape must consist of a
combination of street trees, street lights, or paving.
2. The applicant must install plants which eventually would frame but not block
views. The applicant must use plants with seasonal or structural interest to
emphasize view corridors. The landscape plans for the Project must emphasize
on-site view corridors by flanking views with plant and buildings.
3. The applicant must prepare and implement lighting plans which accentuate
entrances to the site and landmarks. The lighting plan must keep overhead
lighting to a minimum and hood lights in order to prevent light spill. Low
lighting is required along the shoreline.
4. The applicant must use colors and materials which would blend into the site.
Appropriate colors could include lighter tones and pastels. Reflective glass or
reflective roof materials will not be allowed.
5. That applicant must provide visual orientation soon after entering the site in order
to direct visitors to each major site area. Such orientation could be provided by
street design and amenities, such as recognizable patterns, and by building siting.
D. CONVERSION OF AGRICULTURAL LANDS
Less-than-Significant Effect: The loss of approximately 45 to 65 acres of potential
agricultural land. [FEIR, Volume II, p. 3-44; Volume I, p. 4-11]
Finding: The FEIR does not cite any significant adverse Project effects in the area of
conversion of agricultural lands. [FEIR, Volume II, p. 3-45; Volume I, p. 4-11]
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Page 23
E. AIR QUALITY
Potentially Significant Effect: Development of a co-generation plant could create
emissions that exceed new source review limits, and cumulative impacts could occur from
vehicular emissions added to the co-generation plant impacts. [FEIR, Volume II, p. 3-52 through
3-54; Volume I, p. 4-11]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant effect as identified in the Final EIR.
Mitigation Measures: . The following mitigation measure has been found to be feasible
and has been required as a condition of approval or has been made binding on the applicant
through these fmdings.
1. Mitigation is required by the San Diego County Air Pollution Control District
(APCD) before an authority to Construct and a Permit to Operate is issued.
Mitigation may include concurrent reductions in NOx, ROO and CO to "offset"
Project (co-generation plant) emissions. [FEIR, Volume II, p. 3-54] Specific
mitigation measures are not available at the plan level but willbe analyzed during
the Project level environmental review when specific plans for the co-generation
plant are available.
* * *
Potentially Significant Effect: An incremental contribution to a regionally significant air
quality impact in the San Diego Air Basin would occur from vehicular emissions. [FEIR,
Volume II p. 3-51; Volume I, p. 4-12]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings.
Various transportation control measures (TCMs) have been incorporated into the Project.
Such measures must include provisions for employees, residents, and visitors. Measures
that could be included are:
. Airport shuttle services for destination resort visitors
. Ridesharing
. Vanpool Incentives
. Alternate Transportation Methods
. Work Scheduling for Off-Peak Hour Travel
. Transit Utilization
. Program Coordination
. Traffic Signal Coordination
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Page 24
· Physical Roadway Improvements to Maintain LOS of "D" or better based on the
impact of this Project on the existing roadway. The "share" of impact by this
Project on the existing roadway shall be calculated by accepted engineering
methods. (Robin-this is a rough stab at some nexus language)
The implementation of these various TCMs must be coordinated through a transportation
management agency (TMA) dealing specifically with bayfront traffic demand
management. The applicant will be required to form such a TMA, including funding of
a TMA coordinator and mandatory tenant participation, to the satisfaction of the City.
[FEIR, Volume II, p. 3-54 through 3-55]
* * *
Potentially Significant Effect: Construction activities would create dust that contributes
to violations of inhalab1e dust (pM-IQ) standards, and multiple construction-related trucks
blocking traffic or idling near occupied receptor sites could create unacceptable air quality
effects. [FEIR, Volume II, p. 3-49 through 3-50; Volume I, p. 4-11]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant .through these findings. [FEIR, Volume II; p. 3-54]
1. Dust control measures required by the AQMD will be implemented during
construction. Such measures must include maintaining adequate soil moisture as
well as removing any soil spillage onto traveled roadways through site
housekeeping procedures.
2. Reducing interference with existing traffic and preventing truck queuing around
local receptors must be incorporated into any Project construction permits.
Trucks must turn off engines while waiting, or not be allowed to enter the site
again. Construction will be limited to operations during daytime periods of better
dispersion that minimizes 10C"1i7ed pollution accumulation.
F. NOISE
Potentially Significant Effect: Construction noise could reach 75 to 100 dB at 50 feet
from the source. [FEIR, Volume II, p. 3-58; Volume I, p. 4-12] Noise impacts related to
Biological Resources are discussed in the following section.
Finding: Changes or alterations have been required, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
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Page 25
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings.
1. Construction noise intrusion will be limited by conditions on construction permits
to weekday hours between 7:00 a.m. and 7:00 p.m.. Those same permits will
also specify construction access routing to minimize construction truck traffic past
existing residential, park, or other noise sensitive uses to comply with General
Plan noise standards and policies. [FEIR, Volume IT, p. 3-58, 3-60]
* * *
Potentially Significant Effect: The proximity of the proposed Child Care Center to 1-5
(800 feet) and to the co-generation plant exhaust stacks (500 feet) has the potential to result in
significant noise effects [FEIR, Volume IT, p. 3-59; Volume I, p. 4-12].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measure has been found to be feasible
and has been required either as a condition of approval or has been made binding on the
applicant through these fmdings.
1. Child care center noise exposure must be minimized by establishing a noise
performance standard on co-generation exhaust stack noise met through the use
of silencers; a performance standard of 45 dB at night and 50 dB by day at 400
feet from the exhaust stack is required to prevent excessi'(.e exhaust noise
intrusion. A noise barrier along the eastern play area boundary to screen out
traffic noise must also be incorporated into the Project level design. [FEIR,
Volume IT, p. 3-60]
G. BIOWGY
Significant Effect: Construction and ongoing use of the proposed development would
generate contaminants that would degrade water quality [FEIR, Volume II, p. 3-79 through 3-82;
Volume I, p. 4-12 through 4-13].
Finding: The FEIR concluded that even with adoption of the measures set forth in the
FEIR and restated below, additional study is necessary when detailed development plans are
available at the Project level to determine impact significance [FEIR, Volume IT, p. 3-82;;
Volume I, p. 4-13]. Impacts are therefore considered significant and not mitigated at this level
of analysis. As described in the Statement of Overriding Considerations, however, the City
Council has determined that this significant impact is acceptable because of overriding economic,
social and other considerations.
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Page 26
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections:
. Predator Management Plan
. Human Activities Management Plan
. Landscape Design and Management Plan
. Water Quality/Runoff/Drainage Management Plan
· Mudflat and Wetland Monitoring Plan
. Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&RslOrdinancesl Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2. All post-construction collector drains must be directed through large volume silt
and grease traps prior to being shunted into the freshwater detention basin or the
bay discharges. The trap/traps placed on lines entering the detention basin must
be triple chambered.
3. The silt and grease traps must be maintained with thorough cleaning to be
conducted in late September or early October and as-needed through the winter
and spring months. Maintenance must be done by removal of wastes rather than
flushing. City inspections of these traps must be done to ensure that maintenance
is occurring as required.
4. Long-term silt removal maintenance of the detention basin will be minimized
following the initial construction phases of the proposed Project. This
maintenance cleaning may not be required since the traps, if properly constructed
and maintained, will capture the vast majority of the silts which would be
deposited in this basin.
5. Further studies during the Project level environmental analysis are required to
evaluate the effects of groundwater pumping to fill the proposed lagoon. If these
studies indicate that this is not a suitable solution because of contaminants or
reduced salinities, a saltwater intake from the bay must be placed in a drain
alignment or along a similar low impact corridor and shall be separated from the
drain at a point below the existing eelgrass beds. Impacts associated with the
placement of this system must be mitigated by the rapid restoration of impacted
areas. Any required discharge or drainage system from the interior lagoons must
be to the proposed storm drain system, which flows through a triple baffle trap
intended to control contaminants, rather than directly to the bay. The specific
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Page 27
drainage discharge system will be further defmed and environmental review will
be completed at the Project level.
6. Several desiltation basins and back-up basins large enough to handle storm water
runoff must be maintained during the construction phase so that silt discharge to
a level acceptable to the Department of Public Works and the Planning
Department is achieved. In addition, construction dewatering will be directed
into a basin with a filter-fabric, grave11each system so that clear water is released
into a basin. As an alternative, dewatering water must be pumped across the
mudflat into the boat channel and discharged at a point above the bottom to avoid
resuspending bottom silts, but at a depth of at least eight feet.
7. Fertilizers, pesticides and herbicides utilized within the landscaping areas of the
Project shall be of the rapidly biodegradable variety and approved for use near
wetlands by the Environmental Protection Agency. Further plans required for
water quality management, landscape management, and runoff management shall
be developed in accordance with Mitigation Measure 1 of this section.
8. All landscape cherriical applications (e.g. pesticides and herbicides) must be done
by a state-certified landscape contractor.
9. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (i.e., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and ~hall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
10. Annual funding must be designated for the purpose of trash control, repair and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
11. Public awareness signs explaining the resources, concerns and prohibited activities
must be prominently posted throughout the affected parklands.
* * *
Significant Effect: Alteration of the Predator/Competition! Prey balance as a result of
the proposed changes in land uses would significantly affect biological resources [FEIR, Volume
II, p. 3-91 through 3-97; Volume I, p. 4-13]
The FEIR concluded that even with adoption of the measures set forth in the FEIR and
restated below, additional study will be necessary to determine impact significance when detailed
. .~. ~,,,~
"" ~'. . .J,", _"
'. ,.,'. ~,... ", - \...
~ , ..'''' '..',":., ", "."",.
,." ...:.............
-.' ....'.... ~'"
Page 28
development plans are available at the Project level. Impacts are therefore considered significant
and not mitigated at this level of analysis. As described in the Statement of Overriding
Considerations, however, the City Council has determined that this significant impact is
acceptable because of overriding economic, social and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume IT, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections:
. Predator Management Plan
. Human Activities Management Plan
. Landscape Design and Management Plan
. Water Quality/Runoff/Drainage Management Plan
. Mudflat and Wetland Monitoring Plan
. Project Lighting Plan
· Construction Monitoring and Management Plan
. CC&Rs/Ordinancesl Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2.
a.
No "in-water" construction shall be allowed during the period of 1 April
through 15 September to avoid the potential for elevating turbidity in the
nearshore foraging and chick training areas of the California Least Tern.
Further, any other activities which are identified by the biological
monitor, and concurred with by the USFWS, as having this effect will be
precluded from occurring during this period. If it can be demonstrated
that the least tern has not yet arrived in south San Diego Bay, or has
departed earlier than the specified dates, the applicant or agent may
petition the City to modify this timing constraint. The City, acting in
consultation with the USFWS shall have the ability to modify this period
to reflect the presence of terns during the actual year( s) of construction.
b. No construction activity, earth moving or high intensity activity will occur
within 200 feet of any salt marsh, freshwater marsh, or mudflat habitat
during the period 15 Marsh and 31 August without prior approval by the
U.S. Fish and Wildlife Service and California Department of Fish and
Game.
3. Landscape plant materials to be utilized in the Project area must be submitted to
the City Landscape Architect for review and approval. Plant materials which are
known to be invasive in salt and brackish marshes such as Limonium or
Carpobrotus species, or those which are known to be attractive as denning,
nesting or roosting sites for predators such as Washingtonia or Cortaderia, shall
.~.~..., :,. "'~" '~...- ~-'.'J.""'"
. .', "". .'. . :.". .".. '"~' ".....
. . .~- ." ... "",,' .'.., '-. - . '-'." ".' .
.............. '....
Page 29
be restricted from use. Landscape plans, to achieve these goals, must be
reviewed and approved by the City prior to the issuance of building permits.
4. The proposed development and parks must be designated as a "no pets" area.
Posting of all of the. parklandslpublic access areas will be required in addition to
imposing fines based on the existing or new City municipal codes, including this
restriction in all leases and enforcing these restrictions. Plans to achieve these
goals must be reviewed and approved by the City prior to the issuance of building
permits.
5. Open garbage containers must be restricted and all dumpsters must be totally
enclosed to avoid attracting avian and mammalian predators and scavengers to the
area. Garbage must be consistently hauled away as often as possible. Citations
for open garbage containers will be issued to any entity not complying. Plans to
achieve these goals must be reviewed and approved by the City prior to the
issuance of building permits.
6. Human access to marshlands and buffer areas shall be restricted through fencing
and signs. This restriction shall be enforced with trespass citations and fines.
Specific areas of concern are along the fringes of Vener Pond, and the "E" Street
Marsh and Sweetwater Marsh. Additional human/pet encroachment shall be
restricted through fencing and visual buffers at the mouth of the "F" & "G" Street
feeder channel and southeast of the"F" Street/Marina Parkway intersection.
Plans to achieve these goals, including detailed landscape and buffer design plans
are required to be approved by the City prior to the issuance of building permits.
7. A predator management program for the Chula Vista bayfront ,,!ill be developed
to control domestic as well as wild animal predators as part of the Project level
environmental review process. This program shall utilize the Connors [1987]
plan as a basis, but must be tailored to fit the needs of the proposed development.
This plan shall include the use of fines as an enforcement tool to control human
and pet activities. The plan shall be comprehensive and must include
management of predators within the adjacent wildlife refuge as well as the
proposed development areas. The plan shall be reviewed and approved by the
City prior to the issuance of building permits.
8. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (Le., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
'.' ...... . ,~ -:.. -. -.
"",', .....
'." ':" ......,. '....-..
,......:....
Page 30
9. Annual funding must be designated for the purpose of trash control, repair and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
10. Public awareness signs explaining the resources, concerns and prohibited activities
must be prominently posted throughout the affected parldands.
11. No further dredging, structural changes, or proposed uses will be allowed to
occur along the mudflat or marshland areas of the bayfront. This includes such
activities as marinas, water sports courses, etc. Additionally, the developer, City
and USFWS shall jointly seek to have the San Diego Unified Port District post
a line of buoys to limit access in the mudflat and marsh areas.
12. Buildings must utilize non-reflective glass and bold architectural lines which are
readily observable by birds. These features will be reviewed by the Planning
Department during the design review process. A film glass manufactured by 3M
or its equivalent is required. These design features will be reviewed during the
Project level CEQA analysis.
13. Buildings facing marshlands shall not include extraneous ledges upon which
raptors could perch or nest. Additionally, roof peaks and crests which are
exposed to the wetlands must be covered with an anti-perch material such as
Nixalite. A commitment to correct any additional problem areas shall be obtained
. from the applicant in the event that a heavy incidence of perching is observed .or
should a nest by raptors is initiated on the buildings or in landscaping materials.
These design features will be reviewed during the Project level CEQA analysis.
14. Park uses within the lower third of the 6.8-acre park zone at the "F" & "G"
Street Marsh feeder channel shall be limited to passive use and must include such
features as abundant native shrubland restoration, which would preclude active
recreation in this area. Park and buffer areas along the "E" Street Marsh and
Vener Pond shall be designed to include a visual and human encroachment barrier
between active recreation areas and the marshlands. This will be accomplished
by using a vegetated berm separated from a lowered recreation area ("pits") by
a fence. Passive overlooks will be incorporated on the development side of the
recreational "pits". This would provide both a visual screen between the marsh
and the high human activity as well as a distance separation between passive
observation areas and the marshlands. Buffer area landscape plans shall be
required at the Project level of CEQA compliance.
15. Kite flying activities result in high avian disturbance due to the kites being
perceived as predatory birds and thus will be prohibited for parkland areas
adjacent to wetlands or bay mudflats.
16. New marshland, pond fringe, and salt pond habitats totaling no fewer than 13.2
acres must be created on the more isolated western portions of Gunpowder
Points, ideally, with marsh linkage to both the "E" Street Marsh and Sweetwater
. .~., " .".
-. '.'~"'. .-".'" '. '.~ . .
..........-....,-..: ..-,.:..............
.'
,.
. . .... . . - . ..,- .~" .'" ,~,
:......
....
. ......' .-.
Page 31
Marsh to aid in off-setting impacts associated with encroachment, predation, and
loss of habitat use by avian species. These 13.2 acres would replace the loss of
some of the values associated with the 3,840 foot length of marshland fringing the
"E" Street Marsh, Vener Pond, and Sweetwater Marsh that would be impacted
by predator/competitor threats and encroachment pressures. Detailed plans to
achieve these goals are required to be reviewed and approved by the City prior
to issuance of building permits and will be verified for consistency with current
plans/programs of the USFWS.
* * *
Significant Effect: Due to the limited extent of coastal habitats, and the high diversity
and numbers of raptors utilizing this area, the loss of habitat to development is considered an
incremental, but significant effect of the Project. [FEIR, Volume II, p. 3-98 through 3-100;
Volume I, p. 4-13]
Finding: The FEIR concluded that, although there are feasible measures available to
reduce this impact, the loss of the resource cannot be substantially compensated for and the
impact remains significant. [FEIR, Volume II, p. 3-100; Volume I, p. 4-13] The feasible
measures, as set forth in the FEIR, are restated below. As described in the Statement of
Overriding Considerations, however, the City Council has determined that this significant impact
is acceptable because of overriding economic, social, and other considerations.
. Mitigation Measures: The following' mitigation measures have been found to be feasible,.
and have been required either as conditions of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. Landscape plant materials to be utilized in the Project area must be submitted to
the City Landscape Architect for review and approval. Plant materials which are
known to be invasive in salt and brackish marshes such as Limonium or
Carpobrotus species, or those which are known to be attractive as denning,
nesting or roosting sites for predators such as Washingtonia or Cortaderia, shall
be restricted from use. Landscape plans to achieve these goals must be reviewed
and approved by the City prior to the issuance of building permits.
2. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (i.e., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
.: '_'''..'' ,"'. . _> ".,. .... _n ,.~.'
'.
";.,,,.",
~ .. ".' .... - . - ..... ," ~. ":,.:.'
-. ." ,.. ".,.... .....,...-. ~-'.., '. -:., . "..,'-'".''' ,.... ...., .~.
Page 32
3. Annual funding must be designated for the purpose of trash control, repair and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
4. Public awareness signs explaining the resources, concerns and prohibited activities
must be prominently posted throughout the affected park1ands.
5. Conversion of the small brackish water marsh to a freshwater detention basin
would reduce, but not eliminate, the resource values of this pond. These values
shall be reclaimed through the creation of additional salt and brackish marsh
within the "F" & "G" Street Marsh area and the area between the "F" & "G"
Street Marsh and San Diego Bay. No fewer than 3.5 acres of Brackish Marsh
and four acres of Salt Marsh shall be created in this area. In addition, tidal
flushing shall be enhanced as identified in the Wetlands Research Associates
restoration plans [1987]. Further, if marshlands are to be created, as proposed,
on both sides of Marina Parkway, undercrossing areas which remain dry during
high tide would be required. (e.g. large half-round corrugated culverts of a 10
foot or more radius).
6. No further dredging, structural changes, or proposed uses shall be allowed to
occur along the mudflat or marshland areas of the bayfront. This includes such
activities as marinas, water sports courses, etc. Additionally, the developer, City
and USFWS shall jointly seek to have the San Diego Unified Port District post
a line of buoys to limit access in the mudflat and marsh areas.
7. Buildings must utilize non-reflective glass and bold architectural lines which are
readily observable by birds. These features will be reviewed by the Planning
Department during the design review process. A film glass manufactured by 3M
or its equivalent is required. These design features will be reviewed during the
Project level CEQA analysis.
8. Buildings facing marshlands shall not include extraneous ledges upon which
raptors could perch or nest. Additionally, roof peaks and crests which are
exposed to the wetlands must be covered with an anti-perch material such as
Nixalite. A commitment to correct any additional problem areas shall be obtained
from the applicant in the event that a heavy incidence of perching be observed or
should a nest by raptors be initiated on the buildings or in landscaping materials.
These design features will be reviewed during the Project level CEQA analysis.
9. New marshland, pond fringe, and salt pond habitats totaling no fewer than 13.2
acres must be created on the more isolated western portions of Gunpowder Point,
ideally, with marshal linkage to both the "E" Street Marsh and Sweetwater Marsh
to aid in off-setting impacts associated with encroachment, predation, and loss of
habitat use by avian species. These 13.2 acres would replace the loss of some of
the values associated with the 3,840-foot length of marshland fringing the "E"
Street Marsh, Vener Pond, and Sweetwater Marsh that would be impacted by
predator/competitor threats and encroachment pressures. Detailed plans, to
. .".~, ".." ."...
> ~ .'.' ~ .
..,i._~....... "'_" .,' .....,...... '.' .........
..,. ~.... ~ ,.." ". '-'- " .., ,o.... ~_ ..... . ",_ - ("' . .
Page 33
achieve these goals, are required to be reviewed and approved by the City prior
to the issuance of building permits will be verified for consistency with current
plans/programs of the USFWS.
* * *
Significant Effect: The proximity of the proposed development to the extensive
surrounding wetlands creates significant vector impacts. [FEIR, Volume II, p. 3-101 through
3-102; Volume I, p. 4-13]
Finding: The FEIR concluded that, with adoption of the mitigation measures set forth
in the FEIR and restated below, the significant impact would be minimized, but that until a
vector control plan is available for the Project level analysis, a determination of mitigation
effectiveness cannot be determined. Thus, this impact remains significant at this level of
analysis. [FEIR, Volume II, p. 3-101 through 3-102; Volume I, p. 4-13] As described in the
Statement of Overriding Considerations, however, the City Council has determined that this
significant impact is acceptable because of overriding economic, social, and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible,
and have been required either as conditions of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. Fertilizers, pesticides, and herbicides utilized within the landscaping areas of the
Project must be of the .rapidly biodegradable variety and approved for use near
wetlands by the Environmental Protection Agency. Further plans required for
water quality management, landscape management, and. runoff management shall
be developed in accordance with mitigation measure "1" of thi~ section.
2. All landscape chemical applications (e. g., pesticides and herbicides) must be done
by a state-certified landscape contractor.
3. Open garbage containers must be restricted and all dumpsters must be totally
enclosed to avoid attracting avian and mammalian predators and scavengers to the
area. Garbage must be consistently hauled away as often as possible. Citations
for open garbage containers will be issued to any entity not complying. Plans to
achieve these goals shall be reviewed and approved by the City prior to the
issuance of building permits.
4. Human access to marshlands and buffer areas shall be restricted through fencing
and signs. This restriction shall be enforced with trespass citations and fines.
Specific areas of concern are along the fringes ofVener Pond, and the "E" Street
Marsh and Sweetwater Marsh. Additional human/pet encroachment shall be
restricted through fencing and visual buffers at the mouth of the "F" & "G" Street
feeder channel and southeast of the"F" Street/Marina Parkway intersection. Plans
to achieve these goals must be reviewed and approved by the City prior to the
issuance of building permits.
... '", ~.,"."
... v.&
'.
.........
. "j' t.... . .... .. c,' "." .... ',' . '. . .... "' .... ~~...'
. ~:. '-~" '~".". '. ..... ,. :. .. '-~
..' "t;. .; . "~""
Page 34
5. A predator management program for the Chula Vista bayfront will be developed
to control domestic as well as wild animal predators as part of the Project level
environmental review process. This program shall utilize the Connors [1987]
plan as a basis, but must be tailored to fit the needs of the proposed development.
This plan shall include the use of fines as an enforcement tool to control human
and pet activities. The plan shall be comprehensive and must include
management of predators within the adjacent wildlife refuge as well as the
proposed development areas. The plan shall be reviewed and approved by the
City prior to the issuance of building permits
6. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (i.e., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
7. Annual funding must be designated for the purpose of trash control, repair and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
8. Park uses within the lower third of the 6.8-acre park wne at the "F" & "G"
Street Marsh feeder channel shall be limited to passive use and must include such
features as abundant native shrubland restoration, which would preclude active
recreation in this area. Park and buffer areas along the "E" Street Marsh and
V ener Pond shall be designed to include a visual and human encroachment barrier
between active recreation areas and the marshlands. This will be accomplished
by using a vegetated berm separated from a lowered recreation area ("pits") by
a fence. Passive overlooks will be incorporated on the development side of the
recreational "pits". This would provide both a visual screen between the marsh
and the high human activity as well as a distance separation between passive
observation areas and the marshlands. Buffer area landscape plans shall be
required at the Project level of CEQA compliance.
9. Public awareness signs explaining the resources, concerns and prohibited activities
must be prominently posted throughout the affected parklands.
* * *
Significant Effect: Development would create predator enhancement effects to the Light-
footed Clapper Rail and Belding's Savannah Sparrow, which are listed by the California
Department of Fish and Game as endangered, and by the u.S. Fish and Wildlife Serve as
endangered - Clapper Rail, and as Category II - Belding's Savannah Sparrow.
..... "."'
.. .... ..,'.
,", . .', .J.....
..;..~ .'., . .' - ".
.'. .. ......
" .~.. .~- '., ....
.,' .-. "oJ'~ . '" ,- ,," . '. _ .
Page 35
Finding: The FEIR has found that not enough specific Project-level detail has been
provided to determine whether or not these impacts would be reduced to a less than significant
level. Mitigation measures, set forth in the EIR and restated below, would minimize the
impacts, but not to a level of less than significant, therefore, these impacts remain significant
at this level of analysis and further environmental analysis will be required for specific
construction Projects. [FEIR, Volume IT, p. 3-104 through 3-105; Volume I, p. 4-13] As
described in the Statement of Overriding Considerations, however, the City Council has
determined that this significant impact is acceptable because of overriding economic, social and
other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible,
and have been required either as conditions of approval or have been made binding on the
applicant through these findings. [FEIR, Volume IT, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections:
. Predator Management Plan
. Human Activities Management Plan
. Landscape Design and Management Plan
. Water Quality/Runoff/Drainage Management Plan
. Mudflat and Wetland Monitoring Plan
. Project Lighting Plan
. Construction Monitoring and Management Plan
. CC&Rs/Ordinances/ Applicable Policies
This document must be available in a completed form for ~view during the
Project level environmental process.
2. Landscape plant materials to be utilized in the Project area must be submitted to
the City Landscape Architect for review and approval. Plant materials which are
known to be invasive in salt and brackish marshes such as Limonium or
Carpobrotus species, or those which are known to be attractive as denning,
nesting or roosting sites for predators such as Washingtonia or Cortaderia, shall
be restricted from use. Landscape plans to achieve these goals must be reviewed
and approved by the City prior to the issuance of building permits.
3. A qualified monitor (as determined by the City Planning Department) shall be
required for all phases of grading and installation of drainage systems. The
monitor shall be employed through the City and shall report directly to a specific
responsible person in the Engineering, Planning, or Community Development
departments should construction activities fail to meet the conditions outlined or
should unforseen problems arise which require immediate action or stopping of
the construction activities. This monitor will also be required to monitor on a
reduced basis during actual building construction.
,". " ~.' ....... ".' "',.'~ n... .: ,#..... ~". ".~ _. "" ....".:. .
,.........._....., ~ ...~.:....~: ",...~:... :.... A"", ,',. . ._,.../- ........ .'~ ;..,.. "0"
Page 36
4. The proposed development and parks must be designated as a "no pets" area.
Posting of all of the parklands/public access areas will be required in addition to
imposing fines based on the existing or new City municipal codes, and including
this restriction in all leases and enforcing these restrictions. Plans to achieve
these goals must be reviewed and approved by the City prior to the issuance of
building permits.
5. Open garbage containers must be restricted and all dumpsters must be totally
enclosed to avoid attracting avian and mammalian predators and scavengers to the
area. Garbage must be consistently hauled away as often as possible. Citations
for open garbage containers will be issued to any entity not complying. Plans to
achieve these goals must be reviewed and approved by the City prior to the
issuance of building permits.
6. Human access to marshlands and buffer areas shall be restricted through fencing
and signs. This restriction shall be enforced with trespass citations and fines.
Specific areas of concern are along the fringes of Vener Pond,"and the "E" Street
Marsh and Sweetwater Marsh. Additional human/pet encroachment shall be
restricted through fencing and visual buffers at the mouth of the "F" & "G" Street
feeder channel and southeast of the"F" Street/Marina Parkway intersection. Plans
to achieve these goals must be reviewed and approved by the City prior to the
issuance of building permits.
7. A predator management program for the Chula Vista bayfront will be developed
to control domestic as well as wild animal predators as part of the Project level
environmental review process. This program shall utilize the Connors [1987]
plan as a basis, but must be tailored to fit the needs of the proposed development.
This plan shall include the use of fines as an enforcement tool to control human
and pet activities. The plan shall be comprehensive and must include
management of predators within the adjacent wildlife refuge as well as the
proposed development areas. The plan shall be reviewed and approved by the
City prior to the issuance of building permits
8. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (i.e., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
9. Annual funding must be designated for the purpose of trash control, repair and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
...-......,... ..' ............. .....-',.,.
. ", .. - '. -,~~ .
....-. ...."..,..':, ",.,"'.
-', .....,...
Page 37
10. Conversion of the small brackish water marsh to a freshwater detention basin
would reduce, but not eliminate, the resource values of this pond. These values
shall be reclaimed through the creation of additional salt and brackish marsh
within "F" & "G" Street Marsh area and the area between the "F" & "G" Street
Marsh and San Diego Bay. No fewer than 3.5 acres of Brackish Marsh and four
acres of Salt Marsh' shall be created in this area. In addition, tidal flushing shall
be enhanced as identified in the Wetlands Research Associates restoration plans
[1987]. Further, if marshlands are to be created, as proposed, on both sides of
Marina Parkway, undercrossing areas which remain dry during high tide would
be required. (e.g. large half-round corrugated culverts of a 10 foot or more
radius).
11. No further dredging, structural changes, or proposed uses will be allowed to
occur along the mudflat or marshland areas of the bayfront. This includes such
activities as marinas, water sports courses, etc. Additionally, the developer, City,
and USFWS shall jointly seek to have the San Diego Unified Port District post
a line of buoys to limit access in the mudflat and marsh areas.
12. Buildings must utilize non-reflective glass and bold architectural lines which are
readily observable by birds. These features will be reviewed by the Planning
Department during the design review process. A film glass manufactured by 3M
or its equivalent is required. These design features will be reviewed during the
Project level CEQA analysis.
13. Buildings facing marshlands shall not include extraneous ledges upon which raptor
could perch or nest. Additionally, roof peaks and crests which are exposed to the
wetlands must be covered with an anti-perch material such a Nixalite. A
commitment to correct any additional problem areas shall be ODtained from the
applicant in the event that a heavy incidence of perching be observed or should
nest building by raptors be initiated on the buildings or in landscaping materials.
These design features will be reviewed during the Project level CEQA analysis.
14. Park uses within the lower third of the 6.8-acre park zone at the "F" & "G"
Street Marsh feeder channel shall be limited to passive use and must include such
features as abundant native shrubland restoration, which would preclude active
recreation in this area. Park and buffer areas along the "E" Street Marsh and
Vener Pond shall be designed to include a visual and human encroachment barrier
between active recreation areas and the marshlands. This will be accomplished
by using a vegetated berm separated from a lowered recreation area ("pits") by
a fence. Passive overlooks will be incorporated on the development side of the
recreational "pits". This would provide both a visual screen between the marsh
and the high human activity as well as a distance separation between passive
observation areas and the marshlands. Buffer area landscape plans shall be
required at the Project level of CEQA compliance.
. , ',' ,,~: .
. .""
. .
....
......
.
.....\. '. .,.....,'
Page 38
15. Kite flying activities result in high avian disturbance due to the kites being
perceived as predatory birds and thus will be prohibited for parkland areas
adjacent to wetlands or bay mudflats.
16. Public awareness signs explaining the resources, concerns and prohibited activities
must be prominently posted throughout the affected parklands.
17. New marshland, pond fringe, and salt pond habitats totaling no fewer than 13.2
acres must be created on the more isolated western portions of Gunpowder
Points, ideally, with marsh linkage to both the "E" Street Marsh and Sweetwater
Marsh to aid in off-setting impacts associated with encroachment, predation, and
loss of habitat use by avian species. These 13.2 acres would replace the loss of
some of the values associated with the 3,840 foot length of marshland fringing the
"E" Street Marsh, Vener Pond, and Sweetwater Marsh that would be impacted
by predator/competitor threats and encroachment pressures. Detailed plans to
achieve these goals are required to be reviewed and approved by the City prior
to the issuance of building permits and will be verified for consistency with
current plans/programs of the USFWS.
* * *
Potentially Significant Effect: Vegetation and wildlife within wetlands could be
significantly altered by wide fluctuations in the salinity regimes of the marshlands due to
increased freshwater input from site drainage. [FEIR, Volume II, p. 3-76 through 3-79; Volume
I, p. 4-13]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resources management plans as individual sections:
. Predator Management Plan
. Human Activities Management Plan
. Landscape Design and Management Plan
. Water Quality/Runoff/Drainage Management Plan
. Mudflat and Wetland Monitoring Plan
. Project Lighting Plan
. Construction Monitoring and Management Plan
. CC&Rs/Ordinances/ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
Page 39
2. Several desiltation basins and back-up basins large enough to handle storm water
runoff must be maintained during the construction phase so that silt discharge to
a level acceptable to the Department of Public Works and the Planning
Department is achieved. In addition, construction dewatering will be directed
into a basin with a filter-fabric, gravel leach system so that clear water is released
into a basin. As an alternative, dewatering water must be pumped across the
mudflat into the boat channel and discharged at a point above the bottom to avoid
resuspending bottom silts, but at a depth of at least eight feet.
3. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (i.e., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
4. Annual funding must be designated for the purpose of trash control, repair, and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
5. Conversion of the small brackish water marsh to a freshwater detention basin
would reduce, but not eliminate, the resource values of this pond. These values
shall be reclaimed through the creation of additional salt and brackish marsh
within the "F" & "G" Street Marsh area and the area between the "F" & "G"
Street Marsh and San Diego Bay. No fewer than 3.5 acres of Brackish Marsh
and four acres of Salt Marsh must be created in this area. In addition, tidal
flushing shall be enhanced as identified in the Wetlands Research Associates
restoration plans [1987]. Further, if marshlands are to be created, as proposed,
on both sides of Marina Parkway, undercrossing areas which remain dry during
high tide would be required. (e.g. large half-round corrugated culverts of a 10
foot or more radius)
* * *
Potentially Significant Effect: The substantial grading, excavating, and dewatering have
the potential for creating considerable erosion within the uplands, and sedimentation/turbidity
in the wetland and nearshore marine systems -- eelgrass habitat may be lost, and mudflat habitats
may be modified. [FEIR, Volume IT, p. 3-82 through 3-84; Volume I, p. 4-13]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Page 40
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections.
. Predator Management Plan
. Human Activities Management Plan
. Landscape Design and Management Plan
. Water Quality/Runoff/Drainage Management Plan
. Mudflat and Wetland Monitoring Plan
. Project Lighting Plan
. Construction Monitoring and Management Plan
. CC&Rs/Ordinances/ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2. All post-construction collector drains must be directed through large volume silt
and grease traps prior to being shunted into the freshwater detention basin or the
bay discharges. The trap/traps placed on lines entering the detention basin must
be triple chambered.
3. The silt and grease traps must be maintained with thorough cleaning to be
conducted in late September or early October and as-needed through the winter
and spring months. Maintenance must be done by removal of wastes rather than
flushing. City inspections of these traps must be done to ensure that maintenance
is occurring as required.
4. Further studies are required to evaluate the effects of groundwater pumping to fIll
the proposed lagoon. If these studies indicate that this is not a suitable solution
because of contaminants or reduced salinities, a saltwater intake from the bay
must be placed in a drain alignment or along a similar low impact corridor and
shall be separated from the drain at a point below the existing eelgrass beds.
Impacts associated with the placement of this system must be mitigated by the
rapid restoration of impacted areas. Any required discharge or drainage system
from the interior lagoons must be to the proposed storm drain system, which
flows through a triple baffle trap intended to control contaminants, rather than
directly to the bay. The specific drainage discharge system will be further
defined and environmental review will be completed at the Project level.
5. Several desiltation basins and back-up basins large enough to handle storm water
runoff must be maintained during the construction phase so that silt discharge to
a level acceptable to the Department of Public Works and the Planning
Department is achieved. In addition, construction dewatering will be directed
into a basin with a filter-fabric, gravel leach system so that clear water is released
.". .
';.'." .."
Page 41
into a basin. As an alternative, dewatering water must be pumped across the
mudflat into the boat channel and discharged at a point above the bottom to avoid
resuspending bottom silts, but at a depth of at least eight feet.
6. A fu1l-timeenforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (i.e., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
7. Annual funding must be designated for the purpose of trash control, repair, and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
8. Public awareness signs explaining the resource concerns and prohibited activities
must be prominently posted throughout the affected park1ands.
Potentially Significant Effect: Construction of the Project would generate considerable
noise and increased human activities for a 20-year period, could increase sediment erosion and
accretion patterns, further generate elevated turbidity in adjacent water, siltation in adjacent
wetlands, potentially release toxins into adjacent wetlands, and elevate predator/scavenger
densities within the vicinity of the development area. [FEIR, Volume II, p. 3-_84 through 3-85,
3-105 through 3-106; Volume I, p. 4-13]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been Found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections.
. Predator Management Plan
. Human Activities Management Plan
. Landscape Design and Management Plan
. Water Quality/Runoff/Drainage Management Plan
. Mudflat and Wetland Monitoring Plan
. Project Lighting Plan
. Construction Monitoring and Management Plan
. CC&Rs/Ordinances/Applicable Policies
....,
..,....
.. -:' ;.'.'
.
~ ~ ~." '.'
..".;' ,
Page 42
This document must be available in a completed form for review during the
Project level environmental process.
2.
a.
No "in-water" construction shall be allowed during the period of 1 April
through 15 September to avoid the potential for elevating turbidity in the
nearshore foraging and chick training areas of the California Least Tern.
Further, any other activities which are identified by the biological
monitor, and concurred with by the USFWS as having this effect will be
precluded from occurring during this period. If it can be demonstrated
that the least tern has not yet arrived in south San Diego Bay, or has
departed earlier than the specified dates, the applicant or agent may
petition the City to modify this timing constraint. The City, acting in
consultation with the USFWS shall have the ability to modify this period
to reflect the presence of terns during the actual year(s) of construction.
b. No construction activity, earth moving or high intensity activity will occur
within 200 feet of any salt marsh, freshwater marsh, or mudflat habitat
during the period 15 Marsh and 31 August without prior approval by the
U.S. Fish and Wildlife Service and California Department of Fish and
Game.
3. Several desiltation basins and back-up basins large enough to handle storm water
runoff must be maintained during the construction phase so that silt discharge to
a level acceptable to the Department of Public Works and the Planning
Department is achieved. In addition, construction dewatering will be directed
into a basin with a filter-fabric, gravel leach system so that clear water is released
into a basin. As an alternative, dewatering water must be pumped across the
mudflat into the boat channel and discharged at a point above the bottom to avoid
resuspending bottom silts, but at a depth of at least eight feet.
4. Landscape plant materials to be utilized in the Project area must be submitted to
the City Landscape Architect for review and approval. Plant materials which are
known to be invasive in salt and brackish marshes such as Limonium or
Carpobrotus species, or those which are known to be attractive as denning,
nesting or roosting sites for predators such as Washingtonia or Cortaderia, shall
be restricted from use. Landscape plans to achieve these goals must be reviewed
and approved by the City prior to the issuance of building permits.
5. A qualified monitor (as determined by the City Planning Department) shall be
required for all phases of grading and installation of drainage systems. The
monitor shall be employed through the City and shall report directly to a specific
responsible person in the Engineering, Planning, or Community Development
departments should construction activities fail to meet the conditions outlined or
should unforseen problems arise which require immediate action or stopping of
the construction activities. This monitor will also be required to monitor on a
reduced basis during actual building construction.
. .
'..,., .;....
.... . ...... '.~ .,-.:
. n ." .." :~..
. ~. , " '. . ..
Page 43
Significant Effect: Increased human and pet presence would significantly affect the
quality of the adjacent Sweetwater Marsh National Wildlife Refuge, and decrease the use of the
area by nesting and foraging avifauna. [FEIR, Volume II, p. 3-88 through 3-91; Volume I, p.
4-13]
Finding: The FEIR found that the mitigation measures, set forth in the FEIR and
restated below, are feasible to reduce this impact to a level less than significant at the Project
level, but that for the plan level, impacts are not mitigated. At the Project level analysis will
be required to analyze the extent of the impacts and to confirm and/or supplement the adequacy
of the mitigation measures identified below. [FEIR, Volume II, p. 3-91] As described in the
Statement of Overriding Considerations, however, the City Council has determined that this
significant impact is acceptable becau~ of overriding economic, social, and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections.
. Predator Management Plan
. Human Activities Management Plan
. Landscape Design and Management Plan
. Water Quality/Runoff/Drainage Management Plan
. Mudflat and Wetland Monitoring Plan
. Project Lighting Plan
. Construction Monitoring and Management Plan
. CC&Rs/Ordinances/ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2. Landscape plant materials to be utilized in the Project area must be submitted to
the City Landscape Architect for review and approval. Plant materials which are
known to be invasive in salt and brackish marshes such as Limonium or
Carpobrotus species, or those which are known to be attractive as denning,
nesting or roosting sites for predators such as Washingtonia or Cortaderia, shall
be restricted from use. Landscape plans to achieve these goals must be reviewed
and approved by the City prior to the issuance of building permits.
3. The proposed development and parks must be designated as a "no pets" area.
Posting all of the parklands/public access areas will be required in addition to
imposing fines based on the existing or new City municipal codes, and including
this restriction in all leases and enforcing these restrictions. A plan to achieve
these goals must be reviewed and approved by the City prior to the issuance of
building permits.
-.........-. ,."". ..-"....
..' ...-",
.;. .........'... -
Page 44
4. Open garbage containers must be restricted and all dumpsters must be totally
enclosed to avoid attracting avian and mammalian predators and scavengers to the
area. Garbage must be consistently hauled away as often as possible. Citations
for open garbage containers will be issued to any entity not complying. Plans to
achieve these goals must be reviewed and approved prior to the issuance of
building permits.
5. Human access to marshlands and buffer areas shall be restricted through fencing
and signs. This restriction shall be enforced with trespass citations and fines.
Specific areas of concern are along the fringes of Vener Pond, and the "E" Street
Marsh and Sweetwater Marsh. Additional human/pet encroachment shall be
restricted through fencing and visual buffers at the mouth of the "F" & "G" Street
feeder channel and southeast of the"F" StreetlMarina Parkway intersection. Plans
to achieve these goals must be reviewed and approved by the city prior to the
issuance of building permits.
6. A predator management program for the Chula Vista bayfront will be developed
to control domestic as well as wild animal predators as part of the Project level
environmental review process. This program shall utilize the Connors [1987]
plan as a basis, but must be tailored to fit the needs of the proposed development.
This plan shall include the use of fines as an enforcement tool to control human
and pet activities. The plan shall be comprehensive and must include
management of predators within the adjacent wildlife refuge as well as the
proposed development areas. The plan shall be reviewed and approved by the
City prior to the issuance of building permits.
7. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (i.e., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals shall be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
8. Annual funding must be designated for the purpose of trash control, repair, and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
9. Conversion of the small brackish water marsh to a freshwater detention basin
would reduce, but not eliminate, the resource values of this pond. These values
shall be reclaimed through the creation of additional salt and brackish marsh
within the "F" & "G" Street Marsh area and the area between the "F" & "G"
Street Marsh and San Diego Bay. No fewer than 3.5 acres of Brackish Marsh
and four acres of Salt Marsh must be created in this area. In addition, tidal
.. ....'..
",'
. ",". ....
Page 45
....._____..._.__"..,...........e--.
flushing shall be enhanced as identified in the Wetlands Research Associates
restoration plans [1987]. Further, if marshlands are to be created, as proposed,
on both sides of Marina Parkway, undercrossing areas which remain dry during
high tide would be required. (e.g.1arge half-round cormgated culverts of a 10
foot or more radius)
10. No further dredging, structural changes, or proposed uses will be allowed to
occur along the mudflat or marshland areas of the bayfront. This includes such
activities as marinas, water sports courses, etc. Additionally, the developer, City,
and USFWS shall jointly seek to have the San Diego Unified Port District post
a line of buoys to limit access in the mudflat and marsh areas.
11. Buildings facing marshlands shall not include extraneous ledges upon which
raptors could perch or nest. Additionally, roof peaks and crests which are
exposed to the wetlands must be covered with an anti-perch material such a
Nixalite. A commitment to correct any additional problem areas shall be obtained
from the applicant in the event that a heavy incidence of perching be observed or
should nest building by raptors be initiated on the buildings or in landscaping
materials. These design features will be reviewed during the Project level CEQA
analysis.
12. Park uses within the lower third of the 6.8-acre park zone at the "F" & "G"
Street Marsh feeder channel shall be limited to passive use and must include such
features as abundant native shrubland restoration, which would preclude active
recreation in this area. Park and buffer areas along the "E" Street Marsh and
Vener Pond shall be designed to include a visual and human encroachment barrier
between active recreation areas and the marshlands. This will be accomplished
by using a vegetated berm separated from a lowered recreation area ("pits") by
a fence. Passive overlooks will be incorporated on the development side of the
recreational "pits". This would provide both a visual screen between the marsh
and the high human activity as well as a distance separation between passive
observation areas and the marshlands. Buffer area landscape plans shall be
required at the Project level of CEQA.
13. Kite flying activities result in high avian disturbance due to the kites being
perceived as predatory birds and thus will be prohibited for parkland areas
adjacent to wetlands or bay mudflats.
14. Public awareness signs explaining the resources, concerns and prohibited activities
must be prominently posted throughout the affected parklands.
15. New marshland, pond fringe, and salt pond habitats totaling no fewer than 13.2
acres must be created on the more isolated western portions of Gunpowder
Points, ideally, with marsh linkage to both the "E" Street Marsh and Sweetwater
Marsh to aid in off-setting impacts associated with encroachment, predation, and
loss of habitat use by avian species. These 13.2 acres would replace the loss of
some of the values associated with the 3,840 foot length of marshland fringing the
..,..-'.,-'. ..
.. .- -' .. .'~ .-..' "'" . ,"-' , .
'. '''''. .'~
';.._ .'.1-' .'"
Page 46
"E" Street Marsh, Vener Pond, and Sweetwater Marsh that would be impacted
by predator/competitor threats and encroachment pressures. Detailed plans to
achieve these goals are required to be reviewed and approved by the City prior
to the issuance of building permits and will be verified for consistency with
current plans/programs of the USFWS.
* * *
Potentially Significant Effect: Effects from development on the California Least Tern
could occur including indirect effects of water quality degradation, nest site predation, disruption
from humans and pets, and altering of the predator regime. [FEIR, Volume IT, p. 3-104;
Volume I, p. 4-13]
Findings: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections.
. . Predator Management Plan
. Human Activities Management Plan
. Landscape Design and Management Plan
. Water Quality/Runoff/Drainage Management Plan
. Mudflat and Wetland Monitoring Plan
. Project Lighting Plan
. Construction Monitoring and Management Plan
. CC&RslOrdinances/ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2. All post -construction collector drains must be directed through large volume silt
and grease traps prior to being shunted into the freshwater detention basin or the
bay discharges. The trap/traps placed on lines entering the detention basin must
be triple chambered.
3. The silt and grease traps must be maintained with thorough cleaning to be
conducted in late September or early October and as-needed through the winter
and spring months. Maintenance must be done by removal of wastes rather than
flushing. City inspections of these traps must be done to ensure that maintenance
is occurring as required.
.-.. "." '_.', ...,.... '.1.." . ..........,>....
.. .~ . '
".". .' ~
Page 47
4. Further studies are required to evaluate the effects of groundwater pumping to fill
the proposed lagoon. If these studies indicate that this is not a suitable solution
because of contaminants or reduced salinities, a saltwater intake from the bay
must be placed in a drain alignment or along a similar low impact corridor and
shall be separated from the drain at a point below the existing eelgrass beds.
Impacts associated with the placement of this system must be mitigated by the
rapid restoration of impacted areas. Any required discharge or drainage system
from the interior lagoons must be to the proposed storm drain system, which
flows through a triple baffle trap intended to control contaminants, rather than
directly to the bay. The specific drainage discharge system will be further
defined and environmental review will be completed at the Project level.
5.
a.
No "in-water" construction shall be allowed during the period of 1 April
through 15 September to avoid the potential for elevating turbidity in the
nearshore foraging and chick training areas of the California Least Tern.
Further, any other activities which are identified by the biological
monitor, and concurred with by the USFWS as having this effect will be
precluded from occurring during this period. If it can be demonstrated
that the least tern has not yet arrived in south San Diego Bay, or has
departed earlier than the specified dates, the applicant or agent may
petition the City to modify this timing constraint. The City, acting in
consultation with the USFWS shall have the ability to modify this period
to reflect the presence of terns during the actual year(s) of construction.
b. No construction activity, earth moving or high intensity activity will occur
within 200 feet of any salt marsh, freshwater marsh, or mudflat habitat
during the period 15 Marsh and 31 August without prior approval by the
U.S. Fish and Wildlife Service and California Departffient of Fish and
Game.
6. Several desiltation basins and back-up basins large enough to handle storm water
runoff must be maintained during the construction phase so that silt discharge to
a level acceptable to the Department of Public Works and the Planning
Department is achieved. In addition, construction dewatering will be directed
into a basin with a filter-fabric, gravel leach system so that clear water is released
into a basin. As an alternative, dewatering water must be pumped across the
mudflat into the boat channel and discharged at a point above the bottom to avoid
resuspending bottom silts, but at a depth of at least eight feet.
7. Fertilizers, pesticides, and herbicides utilized within the landscaping areas of the
Project must be of the rapidly biodegradable variety and approved for use near
wetlands by the Environmental Protection Agency. Further plans required for
water quality management, landscape management, and runoff management shall
be developed in accordance with mitigation measure 1 of this section.
8. All landscape chemical applications (e.g., pesticides and herbicides) must be done
by a state-certified landscape contractor.
,..,....; .,',
~. " ~". . _" 'n_..... . .
Page 48
9. Landscape plant materials to be utilized in the Project area must be submitted to
the City Landscape Architect for review and approval. Plant materials which are
known to be invasive in salt and brackish marshes such as Limonium or
Carpobrotus species, or those which are known to be attractive as denning,
nesting or roosting sites for predators such as Washingtonia or Cortaderia, shall
be restricted from use. Landscape plans to achieve these goals must be reviewed
and approved by the City prior to the issuance of building permits.
10. The proposed development and parks must be designated as a "no pets" area.
This means posting all of the parklands/public access areas and imposing fines
based on the existing or new City municipal codes, and posting the development
areas and including this restriction in all leases and enforcing these restrictions.
A plan to achieve these goals must be reviewed and approved prior to the
issuance of building permits.
11. Open garbage containers must be restricted and all dumpsters must be totally
enclosed to avoid attracting avian and mammalian predators and scavengers to the
area. Garbage must be consistently hauled away as often as possible. Citations
for open garbage containers will be issued to any entity not complying. A plan
to achieve these goals must be reviewed and approved prior to the issuance of
building permits.
12. Human access to marshlands and buffer areas shall be restricted through fencing
and signs. This restriction shall be enforced with trespass citations and fines.'
Specific areas of concern are along the fringes of Vener Pond, and the "E" Street
Marsh and Sweetwater Marsh. Additional human/pet encroachment shall be
restricted through fencing and visual buffers at the mouth of the "F" & "G" Street
feeder channel and southeast of the"F" Street/Marina Parkway intersection. Plans
to achieve these goals must be reviewed and approved by the City prior to the
issuance of building permits.
13. A predator management program for the Chula Vista bayfront will be developed
to control domestic as well as wild animal predators as part of the Project level
environmental review process. This program shall utilize the Connors [1987]
plan as a basis, but must be tailored to fit the needs of the proposed development.
This plan shall include the use of fmes as an enforcement tool to control human
and pet activities. The plan will include the use of fines as an enforcement tool
to control human and pet activities. The plan shall be comprehensive and must
include management of predators within the adjacent wildlife refuge as well as the
proposed development areas. The plan shall be reviewed and approved by the
City prior to the issuance of building permits.
14. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (Le., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as they relate to Federal Reserve
. ".,.
". .... _," "..-u ..-.,.....
_..i
Page 49
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals must be reviewed and approved by the City prior to
the issuance of building permits and will be verified for consistency with current
programs of the USFWS.
15. Annual funding must be designated for the purpose of trash control, repair, and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
16. Conversion of the small brackish water marsh to a freshwater detention basin
would reduce, but not eliminate, the resource values of this pond. These values
shall be reclaimed through the creation of additional salt and brackish marsh
within the "F" & "G" Street Marsh area and the area between the "F" & "G"
Street Marsh and San Diego Bay. No fewer than 3.5 acres of Brackish Marsh
and four acres of Salt Marsh must be created in this area. In addition, tidal
flushing shall be enhanced as identified in the Wetlands Research Associates
restoration plans [1987]. Further, if marshlands are to be created, as proposed,
on both sides of Marina Parkway, undercrossing areas which remain dry during
high tide would be required. (e.g.large half-round corrugated culverts of a 10
foot or more radius)
17. No further dredging, structural changes, or proposed uses will be allowed to
occur along the mudflat or marshland areas of the bayfront. This includes such
activities as marinas, water sports courses, etc. Additionally, the developer, City,
and USFWS shall jointly seek to have the San Diego Unified Port District post
a line of buoys to limit access in the mudflat and marsh areas _
18. Buildings must utilize non-reflective glass and bold architectural lines which are
readily observable by birds. These features will be reviewed by the Planning
Department during the design review process. A film glass manufactured by 3M
or its equivalent is required. These design features will be reviewed during the
Project level CEQA analysis.
19. Buildings facing marshlands shall not include extraneous ledges upon which raptor
could perch or nest. Additionally, roof peaks and crests which are exposed to the
wetlands must be covered with an anti-perch material such a Nixalite. A
commitment to correct any additional problem areas shall be obtained from the
applicant in the event that a heavy incidence of perching be observed or should
nest building by raptors be initiated on the buildings or in landscaping materials.
These design features will be reviewed during the Project level CEQA analysis.
20. Park uses within the lower third of the 6.8-acre park zone at the "F" & "G"
Street Marsh feeder channel shall be limited to passive use and must include such
features as abundant native shrubland restoration, which would preclude active
recreation in this area. Park and buffer areas along the "E" Street Marsh and
Vener Pond shall be designed to include a visual and human encroachment barrier
'. .. u. .....
",:..,
.' .....,.
Page 50
between active recreation areas and the marshlands. This will be accomplished
by using a vegetated berm separated from a lowered recreation area ("pits") by
a fence. Passive overlooks will be incorporated on the development side of the
recreational "pits". This would provide both a visual screen between the marsh
and the high human activity as well as a distance separation between passive
observation areas and the marshlands. Buffer area landscape plans shall be
required at the Project level of CEQA compliance.
21. Kite flying activities result in high avian disturbance due to the kites being
perceived as predatory birds and thus will be prohibited for parkland areas
adjacent to wetlands or bay mudflats.
22. Public awareness signs explaining the resources, concerns, and prohibited
activities must be prominently posted throughout the affected parklands.
23. New marshland, pond fringe, and salt pond habitats totaling no fewer than 13.2
acres must be created on the more isolated western portions of Gunpowder
Points, ideally, with marsh linkage to both the "E" Street Marsh and Sweetwater
Marsh to aid in off-setting impacts associated with encroachment, predation, and
loss of habitat use by avian species. These 13.2 acres would replace the loss of
some of the values associated with the 3,840 foot length of marshland fringing the
"E" Street Marsh, Vener Pond, and Sweetwater Marsh that would be impacted
by predator/competitor threats and encroachment pressures. Detailed plans to
achieve these goals are required to be reviewed and approved by the City prior
to the issuance of building permits and will be verified for consistency with
current plans/programs of the USFWS.
Potentially Significant Effect: Placement of site drainage pipes and resultant increased
freshwater inputs and sediments accretion and erosion could severely affect the eelgrass and
mudflats marine resources. [FEIR, Volume II, p. 3-106 through 3-107; Volume I, p. 4-13]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-110 through 3-115]
1. The Project must include the preparation of a program which incorporates the
following biological resource management plans as individual sections.
. Predator Management Plan
. Human Activities Management Plan
. Landscape Design and Management Plan
. Water Quality/Runoff/Drainage Management Plan
. Mudflat and Wetland Monitoring Plan
........ .
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Page 51
. Project Lighting Plan
. Construction Monitoring and Management Plan
. CC&RsIOrdinances/ Applicable Policies
This document must be available in a completed form for review during the
Project level environmental process.
2.
The "direct to bay" drains shall be designed and constructed with effective
energy dissipators and flow diffusers which eliminate erosion or accretion
of the mudflats and ensure the protection of adjacent eelgrass beds. An
expected loss of mudflat totaling not less than 1.7 acres must be replaced
within the NWR in a location away from the proposed development area.
The drains and the surrounding mudflats and eelgrass beds shall be
monitored in accordance with an approved Mudflat and Wetlands
Monitoring Plan (Requirement I) for a period of five years and any
additional corrective measures required must be implemented an any
additional impacted areas resulting shall be replaced by the creation of a
similar area from the uplands of the "D" Street Fill or Gunpowder Point.
a.
b. As an alternative, the two "direct to bay" drains must be extended to
subsurface discharge points located in the existing "J" Street Marina boat
channel. These discharge points must be located at a minimum depth of -
10 ft. MLLW and shall be buried in the mudflat to a point below the
existing eelgrass beds. Drain placement shall seek to impact the least
amount of eelgrass beds. Drain placement shall seek to impact the least
amount of eelgrass habitat possible by either combining the drains or
avoiding dense eelgrass beds. Surface contours must be restored and any
construction impacts to eelgrass must be mitigated by rePlanting over the
pipeline.
3. Further studies are required to evaluate the effects of groundwater pumping to fill
the proposed lagoon. If these studies indicate that this is not a suitable solution
because of contaminants or reduced salinities, a saltwater intake from the bay
must be placed in a drain alignment or along a similar low impact corridor and
shall be separated from the drain at a point below the existing eelgrass beds.
Impacts associated with the placement of this system must be mitigated by the
rapid restoration of impacted areas. Any required discharge or drainage system
from the interior lagoons must be to the proposed storm drain system, which
flows through a triple baffle trap intended to control contaminants, rather than
directly to the bay. The specific drainage discharge system will be further
defined and environmental review will be completed at the Project level.
4.
No "in-water" construction shall be allowed during the period of 1 April
through 15 September to avoid the potential for elevating turbidity in the
nearshore foraging and chick training areas of the California Least Tern.
Further, any other activities which are identified by the biological
monitor, and concurred with by the USFWS as having this effect will be
a.
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precluded from occurring during this period. If it can be demonstrated
that the least tern has not yet arrived in south San Diego Bay, or has
departed earlier than the specified dates, the applicant or agent may
petition the City to modify this timing constraint. The City, acting in
consultation with the USFWS shall have the ability to modify this period
to reflect the presence of terns during the actual year(s) of construction.
b. No construction activity, earth moving or high intensity activity will occur
within 200 feet of any salt marsh, freshwater marsh, or mudflat habitat
during the period 15 Marsh and 31 August without prior approval by the
U.S. Fish and Wildlife Service and California Department of Fish and
Game.
5. Several desiltation basins and back-up basins large enough to handle storm water
runoff must be maintained during the construction phase so that silt discharge to
a level acceptable to the Department of Public Works and the Planning
Department is achieved. In addition, construction dewatering will be directed
into a basin with a filter-fabric, gravel leach system so that clear water is released
into a basin. As an alternative, dewatering water must be pumped across the
mudflat into the boat channel and discharged at a point above the bottom to avoid
resuspending bottom silts, but at a depth of at least eight feet.
6. A full-time enforcement staff of two or more officers shall be funded by the
applicant to conduct the predator management program, ensure compliance, issue
citations, and conduct routine checks to ensure maintenance of other mitigation
requirements (i.e., silt/grease trap maintenance, etc.). Such officers will work
closely with the USFWS in enforcement issues as the relate to Federal Reserve
Lands. Officers must have training in predator control and shall possess the
necessary skills, permits and authority to trap and remove problem predators.
Plans to achieve these goals must be reviewed and approved by the City prior to
the issuance of building permits will be verified for consistency with current
programs of the USFWS.
7. Annual funding must be designated for the purpose of trash control, repair and
maintenance of drainage facilities, fencing, the predator control program, and
mitigation programs for the Project.
8. No further dredging, structural changes, or proposed uses will be allowed to
occur along the mudflat or marshland areas of the bayfront. This includes such
activities as marinas, water sports courses, etc. Additionally, the developer, City,
and USFWS shall jointly seek to have the San Diego Unified Port District post
a line of buoys to limit access in the mudflat and marsh areas.
9. Public awareness signs explaining the resources, concerns and prohibited activities
must be prominently posted throughout the affected parklands.
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Page 53
H. ARCHAEOWGYIHISTORY/PALEONTOWGY
Potentially Significant Effect: Development outside of the Project boundaries (e.g., for
the extension of utilities to serve the site) could impact adjacent archaeological sites. [FEIR,
Volume II, p. 3-120 through 3-122; Volume I, p. 4-13].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
has been required either as a condition of approval or has been made binding on the applicant
through these findings.
a. All off-site improvements shall be subjected to archaeological review at the
Project level of environmental review. [FEIR, Volume II, p. 3-124; Volume I,
p. 4-13].
* * *
Potentially Significant Effect: impacts to paleontological resources (fossils) may occur
when the site is graded as earth moving activities cut into the potentially fossil-bearing layers
[FEIR, Volume II, p. 3-122; Volume I, p.4-13].
Finding: Changes or alterations have been required in, or incorporated into, the
Project which will avoid the potentially significant environmental effect as identified in the Final
EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-123; Volume I, p. 4-13].
a. A qualified paleontologist shall be at any pre-construction meeting to consult with
the grading and excavation contractors.
b. A paleontological monitor shall be site on half time basis during the original
cutting of previously undisturbed sediments of the deposits mapped as Bay Point
Formation to inspect cuts for contained fossils. If the deposits are discovered to
be fossiliferous then monitoring will proceed; if on the other hand they turn out
to be barren colluvial deposits then monitoring will not be continued. (The areal
distribution of these deposits is summarized on the geological map of Kennedy
and Tan, 1977.)
c. In the event that well-preserved fossils are discovered, the paleontologist will be
allowed to temporarily direct, divert, or halt grading to allow recovery of fossil
remains in a timely manner. Because of the potential for the recovering of small
fossil remains such as isolated mammal teeth, it may be necessary to set up a
screen-washing operation on the site.
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Page 54
d. Fossil remains collected during any salvage program will be cleaned, sorted, and
catalogued an then, with the owner's permission, deposited in a scientific
institution with paleontological collections such as the San Diego Natural History
Museum.
I. LAND USE/GENERAL PLAN ELEMENTS/ZONING
Significant Effect: The intensity of the proposed land uses will. result in a significant
conflict because of incompatibility with the land use intensity in the surrounding area. [FEIR,
Volume II, p. 3-131 through 3-133; Volume I, p. 4-13 through 4-15].
Finding: The FEIR concluded that only Project redesign to reduce intensity in
accordance with the building heights and square footage allowed by the certified LCP would
mitigate the impact to a less than significant level. [FEIR, Volume II, p. 3-138; Volume I, p.
4-15]. As described in the Statement of Overriding Considerations, however, the City Council
has determined that this significant impact is acceptable because of overriding economic, social,
and other considerations.
* * *
Potentially Significant Effect: The residential units above the commercial retail and the
nearby commercial visitor uses in the central core area would be exposed to much commercial
activity .
Traffic congestion, competition for parking, noise from traffic and visitors, and night-lighting
could create significant incompatibility impacts. [FEIR, Volume II, p. 3-133 ; Volume I, p. 4-14
through 4-15].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effects as identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as a condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-138; Volume I, p. 4-14 through 4-15].
a. Insulation, in accordance with the Uniform Building Code (UBC), shall be
required in all exterior and interior residential walls.
b. Units must be designed such that insulation between units occurs, in walls,
ceilings, and floors, to reduce potential noise impacts.
c. Residential window treatments shall be designed to reflect some light.
d. Designated parking spaces within a separate locked and secure area shall be
provided for residents.
* * *
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Page 55
Significant Effect: The proximity of the proposed development site (even with the
buffers) coupled with the intensity of the proposed Project, creates significant land use
compatibility conflicts between the National Wildlife Refuge and the proposed development site.
[FEIR, Volume II, p. 3-133; Volume I, p. 4-14].
Finding: The FEIR concluded that only Project redesign to lower building heights which
are close to the Refuge boundaries (to no greater than 30 feet along the perimeter of the site),
and decrease intensity (to a level similar to the intensity allowed under the certified LCP) would
mitigate the impact to a less than significant level. [FEIR, Volume II, p. 3-138; Volume I, p.
4-14]. As described in the Statement of Overriding Considerations, however, the City Council
has determined that this significant impact is acceptable because of overriding economic, social,
or other considerations.
* * *
Significant Effect: The proposed concept plan is not consistent with the certified LCP,
General Plan (2010), and Bayfront Redevelopment Plan.
Finding: Changes or alterations have been required in, or incorporated into, the proposal
which can reduce to a less than significant level the impact identified in the Final EIR.
Mitigation Measure: The following mitigation measure is found to be feasible and has
been required either as a condition of approval or has been made binding on the applicant
through these findings. [FEIR, Volume II, p. 3-138 through 3-140; Volume I, p. 4-15].
1. The certified LCP, General Plan, and Bayfront Redevelopment Plan must be
amended to be consistent with the proposed concept plan.
J. COMMUNITY SOCIAL FACTORS
The FEIR does not cite any significant adverse effects in the area of Community Social
Factors. [FEIR, Volume II, p. 3-142 through 3-143; Volume I, p. 4-15 through 4-16].
K. COMMUNITY TAX STRUCTURE
The FEIR does not cite any significant effects in the area of Community Tax Structure.
[FEIR, Volume II, p. 3-144; Volume I, p. 4-16].
L. PARKS. RECREATION AND OPEN SPACE
Potentially Significant Effect: Public access opportunities from 1-5 and areas to the east
may be constrained. [FEIR, Volume II, p. 3-148 through 3-150; Volume I, p. 4-18 through 4-
19].
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Page 56
Finding: Changes or alterations have been required in or incorporated into, the Project
which will substantially avoid the potentially significant environmental effects as identified in
the EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
has been required as a condition of approval or has been made binding on the applicant through
these findings.
a. The applicant shall submit an access plan, showing designated public parking
areas, access routes to public areas, and access routes and signage from the east
side of 1-5 across the "E" Street bridge at the Project level of environmental
review. An access plan to achieve these goals must be reviewed and approved
by the City prior to the issuance of building permits. [FEIR, Volume II, p. 3-
151; Volume I, p. 4-18 through 4-19].
* * *
Potentially Significant Effect: Park development according to the proposed phasing plan
would not provide adequate park area or parking for parks to accommodate the anticipated high
public usage. [FEIR, Volume II, p. 3-148; Volume I, p. 4-18].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effects identified in the EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
has been required either as a condition of approval or has been made binding on the applicant
through these findings.
a. The applicant must include all parks development and parking for parks within
the first phase of development. [FEIR, Volume II, p. 3-151; Volume I, p. 4-18].
* * *
Potentially Significant Effect: The proposed concept plan includes a potentially
insufficient amount of parking for park users. [FEIR, Volume II, p. 3-149 through 3 -150;
Volume I, p. 4-18].
Finding: Changes or alterations can be incorporated into the Project at the Project level
of CEQA compliance which would avoid the potentially significant environmental effect
identified in the Final EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
shall be required to be incorporated into the Project proposal at the Project level of CEQA
compliance.
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Page 57
a. Additional public parking spaces may be required by the City. The number of
spaces and the location of those spaces will be determined during Project level
CEQA review. [FEIR, Volume IT, p. 3-152; Volume I, p. 4-18 through 4-19]
* * *
Significant Effect: Implementation of proposed concept plan would result in
shade/shadow impacts to park and public open space areas. [FEIR, Volume IT, p. 3-150 through
3-151; Volume I, p. 4-19 through 4-20].
Finding: The FEIR concluded that only Project redesign to reduce the heights of the
hotels to a range of 6-12 stories would mitigate the impact to a less than significant level.
[FEIR, Volume IT, p. 3-151; Volume I, p. 4-19 through 4-20]. As described in the Statement
of Overriding Considerations, however, the City Council has determined that this significant
impact is acceptable because of overriding economic, social, or other considerations.
M. UTILITY SERVICE
Potentially Significant Effect: Implementation of the concept plan would result in an
incremental contribution to cumulative impacts to non-renewable energy resources (fossil fuels).
[FEIR, Volume II, p. 3-158; Volume I, p. 4-20].
Finding: The Final EIR concluded that, cumulative energy resource impacts can be .
mitigated below a level of significance by the adoption of the mitigation measures set forth
below. [FEIR, Volume IT, p. 3-162 through 3-163; Volume I, p. 4-20].]
Mitigation Measures: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicant through these findings.
a. Include double-pane glass, provide increased wall and ceiling insulation,
incorporate solar energy opportunities, provide efficient sealing of doors and
windows, and include time controlled' lighting systems throughout the
industrial/commercial portions of the Project to minimize cumulative impacts to
non-renewable energy sources. [FEIR, Volume IT, p. 3-162 through 3-163;
Volume I, p. 4-20].
* * *
Potentially Significant Effect: The proposed high rise buildings would result in the need
for an additional ladder truck and four-person crew by the Fire Department. [FEIR, Volume
II, p. 3-159; Volume I, p. 4-21].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
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Mitigation Measure: The following mitigation measure has been found to be feasible and
has been required wither as a condition of approval or have been made binding on the applicant
.through these findings.
a. An additional ladder truck will be funded by the applicant in a manner acceptable
to the City and the applicant. The annual salaries of the four-person crew will
be funded by the City. [FEIR, Volume II, p. 3-164; Volume I, p. 4-21].
* * *
Potentially Significant Effect: The proposed Project will result in an increased work load
for the Fire Department due to plan review, site inspections, routine fire safety inspections, and
public education programs. [FEIR, Volume IT, p. 3-159; Volume I, p. 4-21].
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
has been required either as a condition of approval or have been made binding on the applicant
through these findings.
a. An additional fire inspector will be necessary to handle the additional work load
created by this Project. The City's General Fund will pay for the additional
position. [FEIR, Volume II, p. 3-164; Volume I, p. 4-21]
* * *
Potentially Significant Effect: The proposed Project will result in an increased work load
for the Fire Department due to plan review, site inspections, routine fire safety inspections, and
public education programs. [FEIR, Volume II, p. 3-159; Volume I, p. 4-21]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
has been required either as a condition of approval or has been made binding on the applicant
through theses findings.
a. An additional fire inspector will be necessary to handle the additional work load
created by this Project. The applicant will fund that additional position. [FEIR,
Volume II, p. 3-164; Volume I, p. 4-21]
* * *
Potentially Significant Effect: The proposed concept plan has the potential to result in
significant impacts on fire service if the subsequent Project is not properly designed from a fire
safety standpoint. [FEIR, Volume II, p. 3-159 through 3-164; Volume I, p. 4-21]
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Finding: Changes or alterations have been required in, or incorporated into the Project
which will avoid the potentially significant environmental effect as identified in the Final EIR.
Mitigation Measure: The following mitigation measures have been found to be feasible
and have been required either asa condition of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-159 through 3-164; Volume I, p. 4-
21]
a. Maximum fire flow shall be 5000 gpm.
b. Fire department roadway access shall be provided to within 150 feet of all
portions of any building.
c. All roadway widths shall be a minimum of 20 feet wide.
d. All apartments, three or more stories in height or containing more than 15
dwelling units and every hotel three or more stories in height or containing 20 or
more guest rooms shall be provided with a fully automatic fire sprinkler system.
e. A fire alarm/excavation system shall be provided for all
public assembly, and multi-residential occupancies.
f. All Title 1924 California Code of Regulations (State Fire Marshal's Rules and
Regulations) shall apply relative to public assembly and high rise occupancies.
g. Fire department access roadways greater in length than 150 feet shall be provided
with the provision for the turning around of fire apparatus (either a 75 x 24 foot
hammerhead or a 40 foot radius cul-de-sac). -
h. Private fire hydrants will be required to satisfy the requirement that any part of
the ground floor of any building shall be within 150 feet of a water supply.
These hydrants shall be in place and operable prior to the delivery of combustible
building materials.
i. Public fire hydrants will be required every 300 feet on public streets. However,
if the location of major buildings is unknown, hydrants may be located specific
to the buildings. This would result in more effective coverage, and could
possibly result in fewer fire hydrants. For design interest, there are hydrants
manufactured which have a lower profile than the traditional barrel type.
j. Address signs - Easily readable signs which can be seen from the street are
required. Large, contrasting block letters and numbers must be utilized.
* * *
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Potentially Significant Effect: Solid waste generated from the proposed Project site
would result in an incremental contribution to the limited and declining landfill space in San
Diego County. [FEIR, Volume IT, p. 3-160; Volume I, p. 4-21]
Findings: Changes or alterations have been required in, or incorporated into, the
proposed Project which will lessen the potentially significant environmental effect as identified
in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be feasible
and- have been required either as conditions of approval or have been made binding on the
applicant through these findings.
a. In order to reduce the volume of trash, a recycling program shall be undertaken
by the applicant in conjunction with a local recycling company. The recycling
program shall include bins on site for the collection of recyclable materials such
as glass, plastic, metal, and paper products for residents, businesses, and visitors.
[FEIR, Volume IT, p. 3-164; Volume I, p. 4-21]
b. Also to reduce the volume of trash, the development shall be required to
incorporate trash compactors into all building plans. [FEIR, Volume II, p. 3-164;
Volume I, p. 4-21]
* * *
Potentially Significant Effect: The proposed Project may result in significant impacts to
. sewer infrastructure. The magnitude of this impact will not be known until detailed plans for
the infrastructure are prepared. [FEIR, Volume II, p. 3-160; Volume I, p. 4-21]
Findings: Changes or alterations can be incorporated into the Project at the Project level
of CEQA compliance which would avoid the potentially significant environmental effect
identified in the Final EIR.
Mitigation Measure: The following mitigation measure has been found to be feasible and
shall be required to be incorporated into the Project proposal at the Project level of CEQA
compliance.
a. The City Engineering Department must review the plans for consistency with the
City's Thresholds Standards and with the system which the Project will tie into.
Connections which exceed the threshold standards will not be allowed. [FEIR,
Volume IT, p. 3-164; Volume I, p. 4-22]
* * *
Potentially Significant Effect: The proposed Project would result in significant impacts
to water infrastructure. [FEIR, Volume II, p. 3-164 through 3-165; Volume I, p. 4-22]
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Finding: Changes or alterations have been required in, or incorporated into the proposed
Project which will lessen the potentially significant environmental effect identified in the Final
EIR.
Mitigation Measure: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicant through these findings. [FEIR, Volume II, p. 3-164 through 3-165; Volume I, p. 4-
22]
The Sweetwater Authority analysis indicated specific areas where upgrading of water
mains must be completed. These include:
a. A 12 inch main in "F" Street from Broadway to approximately 830 feet west
must be installed.
b. A 12 inch main in Bay Boulevard from Moss Street to about Sierra Way
extension westerly must be installed. (This will connect the Project with supplies
of water from the southern portion of Chula Vista, thus providing the Project site
with two sources of water instead of one.)
c. The existing 8 inch main along "F" Street from Bay Boulevard running west must
be upgraded to a 12 inch m\rin.
d. All on-site mains must be sized 12 inches.
* * *
-
Potentially Significant Effect: The Project would incrementally contribute to a regionally
significant demand on water resources. [FEIR, Volume II, p. 3-162; Volume I, p. 4-23]
Finding: Changes or alterations have been required in, or incorporated into the proposed
Project which will lessen the potentially significant environmental effect as identified in the Final
EIR below a level of significance.
Mitigation Measure: The following mitigation measures have been found to be feasible
and have been required either as conditions of approval or have been made binding on the
applicant through these findings.
a. The applicant must provide water conservation measures at the Project level
design, including elements such as low flow showerheads, low flush toilets, timed
irrigation, drought-tolerant landscaping, drip irrigation (where appropriate) and
reclaimed water lines for future use (if determined by the city's Department of
Public Works to be appropriate for this area). [FEIR, Volume II, p. 3-165;
Volume I, p. 4-23]
* * *
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Potentially Significant Effect: Until the applicant demonstrates that there is an adequate
supply of well water for both lagoons and an engineering design for the circulation system is
provided a potentially significant effe;ct on water supply is assumed.
Finding: The FEIR concluded that even with the measures set forth in the EIR and
restated below, additional study is necessary when development plans are available at the Project
level to determine impact significance. Impacts are therefor considered significant and not
mitigated at this level of analysis. As described in the Statement of Overriding Considerations,
however, the City Council has determined that this significant impact is acceptable because of
overriding economic, social and other considerations.
Mitigation Measures: The following mitigation measures have been found to be feasible
and shall be required to be incorporated into the Project proposal at the Project level of CEQA
compliance. [FEIR, Volume II, p. 3-162; Volume I, p. 4-23]
a. Further testing and verification of well supply must be completed for both lagoons
and included in an EIR at the Project level.
b. Information must be provided to show the proposed well locations and
engineering design of the circulation system.
c. If quantity and/or quality are not adequate, a different source of water to be
approved by the City must be used. A possible, feasible source is the adjacent
San Diego Bay. The impacts of such a water source would be reviewed during
Project level environmental review.
* * *
Significant Effect: The proposed Project has the potential to produce 420 elementary
school students and 406 junior high and high school students which would decrease the ability
of both districts to adequately serve the needs of the students. Additionally, the City's Threshold
Standards would not be met. [FEIR, Volume II, p. 3-162; Volume I, p. 4-23 through 4-24]
Finding: Changes or alterations can be required in, or incorporated into, the Project
which could reduce to a less than significant level the school overcrowding impacts. These
measures shall be incorporated into the proposed Project at the Project level of CEQA
compliance. Additional information is, however, necessary to determine Project level impact
significance and mitigation feasibility. As described in the Statement of Overriding
Considerations, however, the City Council has determined that this significant impact is
acceptable because of overriding economic, social, or other considerations.
Mitigation Measure: The following mitigation measures may be feasible and shall be
required either as conditions of approval or been made binding on the applicant during the
Project level of CEQA compliance.
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Page 63
a. The applicant must form a new Mello Roos district to fmance capital costs such
as permanent or relocatable classrooms and school buses. [FEIR, Volume IT, p.
3-165 through 3-166; Volume I, p. 4-23 through 4-25]
b. The location of n~w school sites or additional property adjacent to existing
schools for the construction of capital improvements will be resolved during
Project level CEQA compliance. [FEIR, Volume IT, p. 3-165 through 3-166;
Volume I, p. 4-23 through 4-24]
* * *
Potentially Significant Effect: The location of 1-5 between the Project area and the
schools would prohibit the feasibility of students walking to existing schools, potentially resulting
in significant transportation cost. [FEIR, Volume II, p. 3-162 through 3-167; Volume I, p. 4-23
through 4-24]
Finding: Changes or alterations can be required in, or incorporated into, the Project
which will lessen the potentially significant environmental effect below a level of significance.
Mitigation Measure: The following mitigation measure has been found to be feasible and
shall be required either as a condition of approval or has been made binding on the applicant
through these findings.
a. Annual costs for student transportation including bus maintenance and drivers'
salaries must be funded by the applicant in a manner acceptable to the City.
[FEIR, Volume IT, p. 3-166; Volume I, p. 4-24]
* * *
N. TRAFFIC
Significant Effect: Development under Subcommittee Alternative would result in
significant impacts to intersection capacities in the Project vicinity. During the p.m. peak hour,
with the Project generated traffic added to the network, the Broadway/"E" Street intersection
would operate at LOS F (ICU 1.04) which is an unacceptable level of service. [FEIR, Volume
I, p. 4-27]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will reduce to a less than significant level the impacts at the Broadway/"E" Street
intersection. These measures shall be incorporated into the Project level design. Additional
mitigation measures shall be examined at the Project level of review and shall be adopted if
found to be feasible. The identified impacts to intersection capacities, therefore, remain
significant. As described in the Statement of Overriding Considerations, however, the City
Council has determined that this significant impact is acceptable because or overriding economic,
social, or other considerations.
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Page 64
Mitigation Measure: The following mitigation measures have been found to be feasible
and shall be required to be incorporated into the Project at the Project level CEQA compliance.
a. The following improvements are required at the Broadwayl"E" Street intersection.
Westbound: Construction of an additional left-turn and an exclusive right-turn
only lane.
Eastbound: Construction of an additional left-turn lane and an exclusive right-
turn only lane.
* * *
Significant Effect: Development under Alternative 8 (with modifications) would
contribute to significant impacts to intersection capacities in the Project vicinity. During the
p.m. peak hour, with the Subcommittee Alternative generated traffic added to the network, the
Broadway/"F" Street intersection would operate at LOS D (ICU 0.84) which is an unacceptable
level of service. [FEIR, Volume I, p. 4-27]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will reduce a less than significant level the impacts at the Broadway/"F" Street
intersection. These measures shall be allocated on a fair share basis and be incorporated into
the Project level design. The identified impacts to intersection capacities, therefore, remains
significant. Additional information is, however, necessary to determine Project level impact
significance, fair share allocation, and mitigation feasibility. As described in the Statement of
Overriding Considerations, however, the City Council has determined that the significant impact
is acceptable because of overriding economic, social, or other considerations.
Mitigation Measure: The following mitigation measures have been found to be feasible
and shall be required to be incorporated into the Project at the Project level of CEQA
compliance.
a. The following improvements are required at the Broadwayl"F" Street intersection.
Westbound: Restriping to provide an exclusive right-turn only lane.
Eastbound: Restriping to provide an exclusive right-turn only lane.
* * *
Significant Effect: Development under the Subcommittee Alternative would contribute
to significant impacts to intersection capacities in the Project vicinity. During the p. m. peak
hour, with the Subcommittee Alternative generated traffic added to the network, the
Broadway/"H" Street intersection would operate at LOS E (ICU 0.95) which is an unacceptable
level of service. [FEIR, Volume I, p. 4,27]
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Page 65
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will reduce a less than significant level the impacts at the Broadway/"H" Street
intersection. These measures shall be allocated on a fair share basis and be incorporated into
the Project level design. Impacts to intersection capacities in the Project vicinity, therefore,
remain significant. As described in the Statement of Overriding Considerations, however, the
City Council has determined that the significant impact is acceptable because of overriding
economic, social, or other considerations.
Mitigation Measure: The following mitigation measures have been found to be feasible
and shall be required to be incorporated into the Project at the Project level of CEQA
compliance.
a. The following improvements are required at the Broadway/"H" Street
intersection.
Westbound: Construction to provide an additional through lane.
Eastbound: Construction to provide an additional through lane and an exclusive
right -turn only lane.
* * *
.
Significant Effect: Development under Subcommittee Alternative will contribute to
significant impacts to intersection capacities in the Project vicinity. During the p.m. peak hour,
with the Subcommittee Alternative generated traffic added to the network, the 1-5 Northbound
Ramp/"E" Street freeway ramp intersection would operate at unacceptable levels of service.
[FEIR, Volume I, p. 4-27]
Finding: Changes or alterations have been required in, or incorporated into, the Project
which will reduce to a less than significant level the impacts at the 1-5 Northbound Ramp/"E"
Street freeway ramp intersection. These measures shall be allocated on a fair share basis and
be incorporated into the Project level design. Impacts to intersection capacities in the vicinity,
therefore, remain significant. As described in the Statement of Overriding Considerations,
however, the City Council has determined that this significant impact is acceptable because of
overriding economic, social or other considerations. Furthermore, some of the changes (e.g.,
those to eastbound "E" Street) are within the responsibility and jurisdiction of another agency
(CalTrans) and not the City Council. Such changes must be approved by CalTrans.
Mitigation Measure: The following mitigation measures have been found to be feasible
and shall be required to be incorporated into the Project at the Project level of CEQA
compliance.
a. The following improvements are required at the 1-5 Northbound and Southbound
Ramp/"E" Street intersections.
Northbound 1-5 Off-Ramp at "E" Street: Construction of an additional right-turn
only lane along "E" Street east of the ramp.
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Page 66
* * *
Widen the 1-5 northbound off-ramp at "E" Street to provide an exclusive left-turn lane,
shared left- and right-turn lane, and an exclusive right-turn lane.
Widen northbound Bay Boulevard to provide an exclusive left-turn lane and two right-
turn lanes.
Widen eastbound Marina Parkway to provide three through lanes and a right-turn only
lane.
Restripe the "E" Street overpass to provide two through lanes per direction, and two left-
turn lanes from eastbound "E" Street to the 1-5 northbound on-ramp.
Additional mitigation measures not considered in the EIR but required as a condition of
Project approval by the Chula Vista Planning Commission.
Vill.
INFEASmILITY OF MITIGATION MEASURES AND
ALTERNATIVES OTHER THAN THE SUBC01\fl\1H'1'EE
ALTERNATIVE PUBLIC RESOURCES CODE
SECTION 21081(B)
The approval of the Subcommittee Alternative will cause significant unavoidable impacts as
discussed above. The impacts which cannot be substantially lessened or avoided with the
adoption of all feasible mitigation measures are listed on pages 8 to 12 of this document.
The decisionmakers have, in certain instances, rejected the proposed mitigation measure of
redesigning the Project as currently proposed. This mitigation measure has been specifically
rejected by the City as infeasible because the densities proposed for the Project are necessary
in order to make the Project financially feasible, given the amount of public infrastructure that
is necessary for development of the midbayfront. (See Financial Feasibility Analyses for the
Chula Vista Bayfront Project, Subcommittee and Staff Alternatives, prepared by Williams-
Kuebelbeck and Associates, Inc., December 11, 1991, and transcript of testimony of Fred Pierce
of Price Waterhouse before the Chula Vista Planning Commission December 18, 1991.). In
addition, the City Council has specifically found that construction of the Project as proposed will
generate significant construction jobs and significant permanent jobs. Finally, the City rejects
the mitigation measure of redesign because the Project as proposed (Subcommittee Alternative)
will substantially increase the City's property tax base, the City's occupancy tax revenues and
the City's sales tax revenues.
In addition, the City Council has also considered whether any of the Project alternatives
discussed in the EIR could feasibly substantially lessen or avoid the identified significant effects.
(see, Citizens for Ouality Growth v. City of Mount Shasta (1988) 198 Cal.App.3d 433 [243
Cal.Rptr. 727]; see also, Public Resources Code section 21002.) As will be explained below
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Page 67
the decisionmakers conclude that none of the proposed alternatives could both meet the
objectives of the Project applicant and lessen or avoid the identified significant environmental
effects.
However, pursuant to Public Resources Code Section 21081 (c) , the decisionmaker(s), fmds that
the following independent econoriric, social and other considerations made infeasible project
alternatives and mitigation measures not incorporated into the Project identified in the EIR. The
decisionmaker(s) further finds that each independent consideration, standing alone, would be
sufficient to make infeasible the Project alternatives and mitigation measures not incorporated
into the project which were identified in the EIR.
Economic considerations that make the alternatives infeasible include a reduction in the level of
employment opportunities which would accompany the proposed Project.
The Redevelopment Agency's goal of generating revenue from the Transient Occupancy Tax
would be impeded by the approval of the infeasible alternatives which reduce the number of
hotel rooms within the Midbayfront area. The infeasible alternatives would also reduce the
levels of property tax increment income and sales tax revenue.
There are Social considerations that make alternatives 1, 2, 3, 4, 5, 6, 7 and 9 infeasible,
including their inability to create a viable "community" in the Midbayfront area. The
Subcommittee Alternative presents the City with the opportunity to create a balanced pedestrian~
oriented neighborhood that is a 24-hour, safe, vital self-sustaining mixed-use neighborhood. (See
for example testimony by Carl Worthington, Jerde Partnership before the Planning Commission
on December 18, 1991.) For the neighborhood to be well balanced between jobs, housing and
services, both visitor lodging and permanent residential uses must be a major element of the mix
to provide an adequate market for the services needed. Permanent residential and visitor lodging
facilities would keep the district active and vital in the evening hours, and would also augment
all the day time activities which would help reduce overall per capita auto trips in and out of the
neighborhood. Finally, permanent 24-hour neighborhood population helps discourage crime.
The Midbayfront population of 5000 to 7000 people would occupy an area of less than 135 acres
surrounded by a 350+ acre park and open space area. This contrasts with a typical distribution,
such as would be found within Chula Vista east of 1-5, of 5000 to 10,000 people occupying a
full square mile (640 acres).
Other considerations that make infeasible the project alternatives includes the similarity of
impacts that would result from implementation of any of the alternatives. The Wildlife
Resources (Incremental Loss of Raptor Foraging Area) impact would occur regardless of the
alternative adopted and would not be mitigated by any of the alternatives.
EIR Alternative 8, as well as Alternatives 3, 4 and 5 would result in the same level of visual
urban dominance, obstruction of bay views, land use, and shade/shadow impacts. The
Subcommittee Alternative lessens the visual impacts although not to a level below significance.
(See testimony of John Moot, Vice Chair, Bayfront Planning Subcommittee, before the Planning
Commission on December 18, 1991.) Only Alternatives 2, 7, 7a or 9 would mitigate these
impacts. However, Alternative 2 would result in significant, unmitigable traffic impacts and
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Page 68
Alternatives 7, 7a and 9 are infeasible due to economic, social, and other considerations as
previously stated.
Alternative 1. No Proiect - No Develo.pment
This alternative would retain the site in its current degraded condition and would not result in
attaining the goals and objectives of the Chula Vista Redevelopment Plan, the Zoning Code, or
the General Plan. The No Project alternative would not revitalize or rehabilitate this portion of
the community and would also present untenable economic impacts as a result of the loss of
currently expended funds.
This alternative would allow the existing uses of the site to continue, which include people and
pets walking through the area and intruding into the sensitive buffers of the National Wildlife
Refuge and illegal dumping. Thus, the sensitive wetland habitats and species would continue
to be impacted by human disturbance. There would be no. managed opportunity for the public
to access the bayfront in this location. Based upon these and other factors, this alternative is
determined to be infeasible.
Alternative 2. Develovment Under Existing Certified LCP
This alternative would result in significant, unmitigated traffic impacts that could be avoided by
the proposed Project and all of the other alternatives. The alternative would also result in a
significant and unmitigable impact to raptor habitat.
As noted above, this alternative would not create a "viable" community that would attract
sufficient retail establishments needed to sustain the development. In addition, the residential
element is not of an adequate size.
Further, the Redevelopment Agency's major goal of generating revenue for the Transient
Occupancy Tax would be impeded by the approval of this alternative which reduces the number
of hotel rooms within the Midbayfront area.
Based upon these and other factors, this alternative is determined to be infeasible.
Alternative 3. Reduce Density 1
This alternative would result in the same level ofbiologica1, visual urban dominance, obstruction
of bay views, land use and shade/shadow impacts as the proposed Project.
As noted above, this alternative would not create a "viable" community that would attract
sufficient retail establishments needed to sustain the development. In addition, the residential
element is inadequate.
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Page 69
Further, the Redevelopment Agency's major goal of generating revenue for the Transient
Occupancy Tax would be impeded by the approval of this alternative which reduces the number
of hotel rooms within the Midbayfront area.
Based upon these and other factors, this alternative is determined to be infeasible.
Alternative 4. Reduced Density 1A
This alternative would result in the same level of visual urban dominance, obstruction of bay
views, land use and shade/shadow impacts as the proposed Project.
As noted above, this alternative would not create a "viable" community that would attract retail
establishments needed to sustain the development.
Alternative 5. Reduced Density 2
This alternative would result in the same level of visual urban dominance, obstruction of bay
views, land use, and shade/shadow impacts as the proposed Project.
As noted above, this alternative would not create a "viable" community that would attract retail
establishments needed to sustain the development.
Further, the Redevelopment Agency's major goal of generating revenue for the Transient
Occupancy Tax would be impeded by the approval of this alternative which reduces the number
of hotel rooms within the Midbayfront area. -
Based upOn these and other factors, this alternative is determined to be infeasible.
Alternative 6. Locational Alternatives
None of the alternative locations described in the EIR would accomplish the Project's major goal
of developing the Midbayfront area. This alternative would retain the site in its current
degraded condition and would not result in attaining the goals and objectives of the Chula Vista
Redevelopment Plan, the Zoning Code, or the General Plan.
This alternative would allow the existing uses of the site to continue, which include people and
pets walking through the area and intruding into the sensitive buffers of the National Wildlife
Refuge and illegal dumping. Thus, the sensitive wetland habitats and species would continue
to be impacted by human disturbance. There would be no managed opportunity for the public
to access the bayfront in this location.
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Page 70
Further, the Redevelopment Agency's major goal of generating revenue for the Transient
Occupancy Tax would be impeded by the approval of this alternative which reduces the number
of hotel rooms within the Midbayfront area.
Finally, Chula Vista Investors owns the Project site and has no other land holdings of a
sufficient size to contain the proposed Project or any of the alternatives. Based upon these and
other factors, the locational alternatives are determined to be infeasible.
Alternative 7. Reduced Density 3. Modified Desi~n
This alternative would not create a "viable" community that would attract retail establishments
needed to sustain the development. In addition, this alternative does not contain a sufficient
number of residential units.
Further, the Redevelopment Agency's major goal of generating revenue for the Transient
Occupancy Tax would be impeded by the approval of this alternative which reduces the number
of hotel rooms within the Midbayfront area.
Based upon these and other factors, this alternative is determined to be infeasible.
Alternative 8. Ap'plicant's Reduced Density Proposed LCPR #8
This alternative proposes a reduction in the Project including a decrease in the hotel count by
228 rooms, reduction in the apartment unit count by 150 units, reduction in the height of the
residential towers, reduction in the luxury hotel in height, reduction in the resort hotel in height,
and reduction in the atrium hotel in height. In addition the residential use that was proposed at
the corner of Marina Parkway and "F" Street has been eliminated, thereby increasing the public
park acreage from 29.8 to 33.8 acres. EIR Alternative 8 would result in a development whereby
the square footage has been reduced from approximately 4.2 million square feet down to
approximately 3.9 million square feet. This reduction also reduces the traffic impacts associated
with the Project.
This alternative would result in a somewhat reduced level of visual urban dominance, obstruction
of bay views, land use and shade/shadow impacts as the proposed Project. However, these
impacts would remain significant. This Project does not contain a Cultural Arts Facility.
This alternative has been identified as an economically feasible alternative by the
decisionmaker(s). However, the alternative is rejected because it results in the same impacts as
the Subcommittee Alternative without the added social benefit of the Cultural Arts Facility.
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Page 71
Alternative 9. Alternative Developed in Response to Public Comment
This alternative would create a long, narrow lagoon corridor along the northern and western
edges of the Midbayfront Project site adjacent to the National Wildlife Preserve. The technical
feasibility of this lagoon corridor is questionable for the following reasons:
1. A 14OQ-foot long breakwater to protect against erosion by wave action would be required
to create a saltmarsh habitat along the exposed shoreline;
2. The breakwater would disrupt several acres of mudflat bayward of the lagoon corridor;
3. Installation of a breakwater would almost certainly result in increased wave erosion of
both ends of the breakwater;
4. The geometric relationship of the corridor and two adjoining marshes and the long,
narrow channel-like shape of the corridor would result in tidal water velocities that would
cause progressive erosion and/or sediment buildup at various locations; and
5. The establishment and maintenance of a viable low marsh vegetation is doubtful because
of erosion and/or sediment buildup.
As noted above, this alternative would not create a "viable" community that would attract retail
establishments needed to sustain the development.
Further, the Redevelopment Agency's major goal of generating revenue for the Transient
Occupancy Tax would be impeded by the approval of this alternative which reduces the number
of hotel rooms within the Midbayfront area.
Based upon these and other factors, this alternative is determined to be infeasible.
Alternative 10. Bayfront Subcommittee Alternative
This alternative is a result of the referral by the City Council to the Bayfront Planning
Subcommittee. The Project was referred to the Subcommittee by the City Council to study land
use aspects of the Midbayfront Plan and to determine whether or not a suitable compromise
could be reached between the differing positions of the developer, the Planning Department, and
the community groups. The Subcommittee Alternative proposes a further reduction from
Alternative 8 to encompass a total of 1610 hotel rooms and a total of 1000 dwelling units. In
addition, plan designation and/or wning of the City-owned parcel adjacent to 1-5 would be
modified to allow flexibility as to its ultimate use. This alternative has also redesigned the
northern residential portion of the Project by relocating the towers just to the east of the
residential lagoon and in their place, substituting low-rise residential adjacent to the buffer areas.
In addition, there have been further reductions in the height of structures located within the core
so that the maximum height permitted would be 22 stories or 229 feet. The site of the proposed
luxury hotel, which was to be located on the west side of Marina Parkway, has now been
designated for park use and the possible location of a Cultural Arts Facility and support retail.
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Page 72
In addition, the public park, semi-public park, and open space acreage has been increased to a
total of 71.4 acres. With this modification, the total square footage of the project has been
reduced from approximately 3.9 million square feet down to approximately 3.8 million square
feet. This reduction will also reduce the traffic impacts associated with the project, although not
to a level of insignificance.
This alternative would result in a somewhat reduced level of visual urban dominance, obstruction
of bay views, land use, shade/shadow impacts as compared to the proposed Project.
This alternative has been identified as a feasible alternative by the decisionmaker(s) to address
issues which have been identified in the Environmental Impact Report. Since this alternative is
economically feasible and the applicant has agreed to prepare a revised LCP Resubmittal
document to reflect the reduced density plan proposed by the Bayfront Planning Subcommittee,
the decisionmaker(s) finds that this alternative substantially lessens the significant environmental
effects as identified in the final EIR. The decisionmaker( s) have also elected to adopt a
Statement of Overriding Considerations pursuant to California Administrative Code Section
15093.
IX.
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to CEQA Guidelines section 15093, the Chula Vista City Council in approving the
various permits that are the subject of the FEIR, having considered the information contained
in the FEIR, and having reviewed and considered the public testimony and record, makes the
following statement of Overriding Considerations in support of the Findings and the action of
the City Council approving the Project.
The City Council fmds and concludes that the public benefits of the Project outweigh the
identified significant unmitigated impacts set forth in the Findings (pages 1 to 73). The
decisionmakers find that the following factors support the approval of the Project, Subcommittee
Alternative, despite the FEIR identified significant environmental impacts and other alleged
potential environmental impacts. Therefore, the City Council sets forth and adopts the following
Statement of Overriding Considerations:
1. The Project will help fulfill attainment of various goals in the City of Chula Vista
Redevelopment Plan with a use and density that is appropriate for the site.
2. As set forth in the findings, mitigation measures have been incorporated into the
Project or made binding on the applicant through the adoption of the findings,
which to the extent feasible, reduce impacts below a level of significance.
3. Approval of the Midbayfront Plan Subcommittee Alternative will result in the
following benefits:
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Page 73
A. Careful management of the sensitive, natural resources on site.
Additionally, the Project will allow for controlled public access to natural
areas and parks.
B. Construction of needed circulation improvements.
C. Construction of necessary service and utility improvements in the
Midbayfront area.
D. Identification of Chula Vista as an important seaside hub on the southern
coastline of California. The destination resort will be equally accessible
to downtown San Diego and to the City of Tijuana.
E. Direct access for the public to 36.8 acres of public open space including
but not limited to a 10 acre lagoon, an Educational/Interpretive Park
adjacent to the wetlands, and a public beach along the lagoon. In addition
to the areas of public access, over 300 acres of marsh habitat and wetlands
will be preserved, portions of which will be restored and enhanced.
F. Development of a Cultural Arts Facility that would provide space for
municipal festivals and events. In addition, an outdoor amphitheater on
the lagoon for outdoor events and concerts is contemplated.
G. Development of a housing product currently not available in the City of
Chula Vista. For example, the Project will include high-rise and mid-rise
towers with ocean views and residential units over commercial uses in the
core of the Project.
H. Construction job opportunities as well as permanent jobs in an economy
which is currently lacking job opportunities.
I. Generation of transient occupancy tax, increased sales taxes and tax
increment to the City of Chula Vista through the City of Chula Vista
Redevelopment Agency.
Finally, the decisionmakers conclude that the Project as approved is financially feasible (and rely
on evidence generated by the applicant and the applicant's economic consultant, Price
Waterhouse). Essentially, the applicant has shown that assumptions that were incorporated into
the City's economic model, the Williams Kuebelbeck Study, were inaccurate, in particular those
related to construction costs, potential revenues, potential sales prices and financing. (Testimony
of Fred Pierce, December 18, 1991, before the Chula Vista Planning Commission.)
Consequently, the Council believes that the concept plan set forth in the Subcommittee
Alternative is the superior alternative despite the significant environmental impacts that will
result from implementation of the Project.
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Page 74
EXIllBIT B
MIDBAYFRONT LCP RESUBMIITAL NO.8 AMENDMENT
MITIGATION MONITORING PROGRAM
MONITORING PROGRAM DFSCRIPTION AND PURPOSE
Assembly Bill 3180 (AB 3180) was passed by the California State Assembly on August 22, 1988
and subsequently signed into law by the Governor of California. AB 3180 requires a lead or
responsible agency that approves or carries out a project where an Environmental Impact Report
(EIR) has identified significant environmental effects to adopt a "reporting or monitoring
program for adopted or required changes to mitigate or avoid significant environmental effects. "
This bill became effective January 1, 1989 as Section 21081.6 to the Public Resources Code.
The City of Chula Vista is acting as the lead agency for the Midbayfront LCP Resubmittal No. 8
Amendment project. A Draft, Recirculated Draft and Final EIR was prepared to address the
potential environmental effects of text and graphics which constituted a proposed Conceptual
Development Plan. The Final EIR contained analysis for nine alternative plans for that concept
plan area. Two of those alternatives were "no-project" alternatives. Seven alternative concept
plans were evaluated in the same level of detail as the applicant's original concept plan. . These
. documents were progrilIi.1-level EIRs in accordance with the California Environmental Quality
Act (CEQA) and State CEQA Guidelines. Program-level EIRs are general in nature and are
followed by more detailed, project-specific EIRs which are part of the program.
In August 1991 the City Council certified the Final EIR, but neither approved nor denied the
project. The Council directed City staff to work with the Bayfront Planning Subcommittee to
create a concept plan which would resolve environmental and planning issues found in the
applicant's proposed project. On December 18, 1991 the Planning Commission voted to
recommend to the City Council the Subcommittee's Concept Plan for the Midbayfront. This
plan is very similar to the previous proposed project, with the exception of minor modifications.
Should the City Council vote to approve this plan, the applicant would be required to prepare
a Local Coastal Program Amendment and General Plan Amendment.
Two major changes to the certified LCP and General Plan would occur if this Concept Plan were
approved. The first would involve the redesignation to "open space" for the D Street Fill and
Gunpowder Point, consistent with the establishment of the Sweetwater Marsh National Wildlife
Refuge which includes those areas. The second major change would be to modify the
arrangement of land uses, building height controls, and development intensity in the Midbayfront
planning subarea.
The Subcommittee's Concept Plan for the Midbayfront proposed a mixed use project totalling
approximately 3.8 million square feet of building area. The concept proposes 1000 residential
units, 1610 hotel units, .150,000 square feet of commercial retail, 140,000 square feet of
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December 31, 1991
Page 1
Midbayfront LCP ResubmiUal No.8 Amendment
[Continued]
Mitigation Monitoring Program
professional office, a cultural arts facility, and approximately 246,000 square feet which includes
athletic facilities and a conference center.
The Subcommittee's Concept Plan includes parks and two man-made lagoons at the northern and
western portions of the Midbayfront planning area. The parks and lagoon in the western portion
would be available for public use; the lagoon in the northern portion would be considered a
private aesthetic amenity for adjacent residents.
ROLES AND RESPONSffiILITIFS
The Mitigation Monitoring Program (MMP) for the proposed project will be in place through
all phases of the project, including design, pre-grading, construction, and operation. The City
of Chula Vista will have the primary enforcement role for the mitigation measures which are the
responsibility of the City of Chula Vista to implement. This MMP includes mitigation measures
contained in the Final EIR. The Planning Director of the City of Chula Vista may delegate
individual enforcement tasks to various city departments.
w:nGATIONMOJSI);'ORING PROCED~F.~ .
The MMP consists of a Mitigation Monitoring Program Summary, filing requirements, and
reporting and compliance verification. These procedures are outlined below.
Miti2ation Monitorinl' Pro......m Snmmarv
The Mitigation Monitoring Program Summary provides a comprehensive list of the required
mitigation measures that are the responsibility of the City of Chula Vista to implement. In
addition, the Mitigation Monitoring Summary includes: the monitoring activity, the timing for
monitoring activity, and the party or City agency responsible for monitoring mitigation
compliance. The Mitigation Monitoring Program Summary for the Midbayfront LCP
Resubmittal No. 8 Amendment is provided as Table 1.
MitilJation MonitorinlJ Pro......m Files
Files shall be established to document and retain the records of the MMP. The files shall be
established, organized, and retained by the City of Chula Vista, Planning Department.
PROGRAM OPERATIONS
Mitigation measures shall be implemented as specified by the Mitigation Monitoring Program
Summary. During any project phase, unanticipated circumstances may arise requiring the
refinement or addition of mitigation measures, particularly in this case where project
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December 3t, t991
Midbayfront LCP Resubmittal No.8 Amendment
[Continued1
Mitigation Monitoring Program
construction requires a multi-year phasing program. The Planning Director of the City of Chula
Vista, with advise from staff or another City Department, is responsible for recommending
changes to the mitigation measures, if needed. If mitigation measures are refined, the change
will be documented by the Planning Director and the appropriate design, construction, or
operations personnel shall be notified of the refined requirements.
MEASURES TO BE MONITORED
The following text includes a summary of significant impacts, required mitigation measures, and
the monitoring efforts needed to ensure that the measures are adequately implemented. Because
of the conceptual plan-level nature of the project, many of the mitigation measures involve the
requirement for further study. Final determination of the measures necessary to mitigate
construction impacts can only be made when an applicant submits the detailed plans associated
with a development project.
Consequently, for those mitigation measures that would occur during project construction and/or
operations, this plan-level monitoring plan consists of carrying forward the measures to the
project-level of CEQA compliance for fina1ization and implementation.
A. GEOWGY/SOILS/GROUNDW ATER
Adoption of the LCP Alternative 8 and construction of the proposed Conceptual Plan would
result in four potentially significant impacts: (1) ground settlement due to consolidation of the
compressible estuarine/fluvial (bay) deposits and the artificial fill soils on-site; (2) grading
impacts for on-site and off-site water and sewer pipelines; (3) seismic hazards, including ground
shaking, surface displacement, liquefaction, tsunamis, and earthquake-induced flooding; and (4)
potential foundation design and construction difficulties associated with the construction of
foundations and subterranean parking structures at or hear the groundwater table.
Mitigation Measures
1. When detailed development plans for the project area are proposed, grading and drainage
plans must be prepared in accordance with the Chula Vista Code, Subdivision Manual, and
City ordinances and adopted standards. These plans must include not only grading for
structures and roads, but also grading for on-site and off-site water and sewer pipe1ines.
These plans must be approved and permits issued by the Engineering Department prior to
any grading work.
2. A site-specific geotechnical engineering investigation, including soils study and seismic
study, must be performed for the detailed grading and drainage plan, and for each proposed
structure. Each investigation shall contain adequate subsurface exploration and analyses
to determine short- and long-term settlement magnitudes, expected seismic ground shaking
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December 31, 1991
Page 3
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
magnitudes and characteristics, and potential mitigation for seismic ground failure
(including liquefaction). Every investigation shall also provide detailed foundation
recommendations, and will be subject to review by the City of Chula Vista Engineering
Department.
3. To provide adequate foundation support for the structure, all high-rise structures will
require deep foundations, or some type of mat foundation integrated into subterranean
parking.
4. Structures that encroach onto areas overlain by existing fill soils, alluvial soils, or bay
deposits will require some form of subgrade modification to improve the support capacity
of the existing soils for the additional engineered fills and/or structural improvements. Soil
improvement could include partial or total removal and recompaction, dynamic compaction,
and/or the use of surcharge fills to pre-compress saturated alluvial deposits or bay deposits
which exist below the groundwater table. Deep foundations or mat foundation design may
also be used to mitigate potential geotechnical impact due to compressible soil.
5. .Roadways, embankments, and engineered fills encroaching onto existing compressible bay
. deposits and/or existlngfill sOils are likely to requite subgrade modificationtri inipr6ve the
support capacity of the existing soils and reduce long -term post -construction settlement.
Soil improvement could include partial or total removal, recompaction, dynamic
compaction and/or the use of surcharged fills, to precompress saturated alluvial deposits
or bay deposits which exist below the groundwater table. Portions of roadway fill,
embankments, and other engineered fills may be judged capable of accommodating some
post-construction differential settlements, depending upon the type of improvements they
are to support. Site specific geotechnical studies should address post -construction
settlement potential as well as ways to mitigate post-construction total and differential
settlements to acceptable ranges, based on the specific types of improvements proposed.
6. The soil-cement lining (covering a clay soil layer) currently planned for the lO-acre salt
water lagoon (which encroaches onto compressible bay deposits) is a relatively brittle
material which may require relatively stringent subgrade improvement to ensure acceptable
long-term performance. Subsequent design shall consider other options for this liner,
including clay soil liners and flexible pond liners.
7. To reduce the risk of property damage and injury caused by seismic shaking, geotechnical
studies must specifically address seismic analysis based on site-specific subsurface data.
As a minimum, seismic analysis should address seismically-induced slope failure,
liquefaction, and ground surface accelerations. Appropriate measures to reduce seismic
risk must be implemented into project design.
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Page 4
December 31, 1991
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
8. The embankment separating the lo-acre salt water lagoon from San Diego Bay has
tentatively been designed with a crown elevation of + 11 feet. Wind-induced storm waves
or earthquake-induced flooding could exceed the height of the embankment. An assessment
must be made to evaluate the stability of the embankment during these conditions and the
likelihood of these hazards. Mitigation may include either elevating the height of the
embankment or reinforcing the crown of the embankment.
9. Geotechnical studies must also address the impact of foundation location near or below the
groundwater table, and suitable recommendations should be provided to mitigate both
construction-period difficulties and uplift pressures that may affect both foundation elements
and subterranean parking floor slabs extending below the transient groundwater level.
Construction period mitigation may require temporary dewatering and/or utilization of a
gravel mat to provide a working surface upon which to operate construction equipment.
Design techniques to accommodate transient groundwater highs may include thicker
concrete slabs to provide sufficient dead weight to resist uplift pressures, deep foundations
and/or structural foundations to restrain slabs.
Monitoring Agent
." . "' . ~. . .
The City of Chula Vista Planning Department is responsible for ensuring, via the Mitigation
Compliance Coordinator (MCC), that mitigation measures for geology/soils/groundwater impacts
are mitigated. The City of Chula Vista Engineering Department is responsible for verifying the
completion of the required technical studies and the incorporation of the recommended measures
into future project design.
Monitoring Schedule
The soils and geotechnical studies must be submitted for review with all other project level plans
so that the environmental analysis will include these studies. Approval of the studies will occur
prior to the issuance of grading permits. The choice of pond liner for the lo-acre salt water
lagoon, and the associated subgrade improvements, must be approved by the Engineering
Department prior to the initiation of grading for the lagoon. Design modifications to ensure
structural integrity of all buildings must be incorporated to the satisfaction of the Engineering,
Building, and Housing Departments prior to issuance of building permits.
B. HYDROLOGY/WATER QUALITY
Approval of LCP Alternative 8 and eventual construction of the Concept Plan or other
development alternatives would result in five potentially significant hydrology/water quality
impacts. These include: (1) flooding of (a) low-lying areas from tidal highs, compounded by
runup from wind-driven waves (coastal flood hazards); (b) flooding from the Sweetwater River;
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December 31, 1991
Page 5
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
(c) flooding associated with exceeding the capacity of proposed storm drain facilities on-site; (2)
erosion from inland or coastal flooding; (3) siltation and chemical contamination/degradation of
water quality from surface runoff-pesticides, fertilizers, oil, grease, etc.; (4) inconsistency with
City of Chula Vista standards, specifically related to the design storm flow, and gravity pipe
requirements; and (5) issues regarding quantity and quality of water for both the lo-acre lagoon
and the semi-public residential lagoon in the northern portion of the site.
Mitigation Measures
10. A detailed drainage plan must be prepared in accordance with the Chula Vista Code
Subdivision Manual and applicable ordinances and adopted standards (including Thresholds
Standard Policy). The plan must be approved and a permit issued by the Engineering
Department prior to installation of any drainage structures.
11. A site-specific hydrology study must be performed for the Midbayfront site, addressing
such issues as flooding of low-lying areas during high tide conditions and the effect of
wind-driven waves generated from within San Diego Bay; flooding from the Sweetwater
River; and erosion from inland or coastal flooding.
12. Recommendations shall be provided for erosion control to mitigate both coastal erosion and
erosion from inland flooding. Additionally, monitoring shall be performed for a minimum
period of three years to evaluate the effectiveness of the proposed outlet protection at the
on-site storm drains discharging directly into San Diego Bay. The existing bay deposits,
located bayward of the two proposed discharge points, are highly susceptible to erosion and
the resulting scour is likely to impact sensitive marine habitat west of the Midbayfront site,
if the force of the storm water being discharged is not properly mitigated by the proposed
discharge aprons.
13. The effectiveness of proposed oil and sediment traps, as well as that of the desilting basin
in removing both sediment and chemical pollutants from the F and G Street Marsh shall
be monitored for a minimum period of three years. All recommendations must be
implemented before or during project construction.
14. Traps for contaminant control must be approved by the City Engineering Department
before they may be installed. The City Engineering Department must verify that all EPA,
and any Regional Water Quality Control Board Standards and all other applicable
regulations are met. Grading may not proceed until the standard are met. Proof of
effectiveness of the traps must be demonstrated.
15. The proposed on-site storm drain system must be designed in accordance with City of
Chula Vista Standards and the City of Chula Vista Subdivision Manual. Any deviation
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Page 6
December 31, 1991
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
from these standards must be approved by the City Engineer. In addition, calculations
should be made for the l00-year design storm, as required by FEMA and prudent
engineering practice.
16. The applicant must prepare a gro\llldwater quality and quantity analysis for replacement
water required for the lagoons. If groundwater is not available in the required amount,
and/or if it is contaminated, then an alternative source must be approved by the City
Planning and Engineering Departments.
Monitoring Agent
The City of Chula Vista Planning Department, via the MCC, is responsible for ensuring that the
hydrology/water quality mitigation measures are implemented. The City of Chula Vista
Engineering Department and Planning Department will be responsible for reviewing and
approving the drainage plan for the development area, including storm drains; the hydrology
study; the erosion control recommendations, including discharge aprons; the traps for
contaminant control; and the groundwater study for the lagoons. A monitor under the direction
of the. MCC will be responsible for periodic ins~~()n of the oil and sediment traps, the
desilting basins, storm-drain outlets in the bay, and the detention basin upstream of the F and
G Street Marsh.
Monitoring Schedule
The drainage and hydrology studies must be received with all other project level plans so that
environmental analysis will include those studies. Approval will occur prior to grading for
installation of drainage structures. All standards and regulations of the EP A and RWQCB must
be met prior to initiation of grading. All contamination traps must be approved by the
Engineering Department before they may be installed. The groundwater evaluation and source
determination of water for the lagoons must be approved before the lagoons are graded.
The MCC will be responsible for periodic evaluation of the desilting basins, oil and sediment
traps and erosion control structures at the storm-drain outlets in the bay. This evaluation should
occur at least twice a year, in the spring and fall, for three years to determine the before and
after conditions with winter storms.
C. AIR QUALITY
Potentially significant air quality impacts would occur from development of the proposed c0-
generation plant. An incremental contribution to regional air quality problems would also occur
from vehicular sources. Vehicular emissions added to cogeneration plant emissions would result
in cumulative impacts. Construction activities also result in short-term air quality impacts.
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December 31, 1991
Page 7
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
Mitigation Measures
17. Mitigation for air quality impacts associated with the co-generation plant required by the
APCD before an Authority to Construct and a Permit to Operate is issued. Mitigation
would include concurrent reductions in NO.. ROO, and CO to "off-set" project (c0-
generation plant) emissions.
18. Various transportation control measures (TCMs) must be incorporated into the project.
Such measures would be aimed primarily at employees on the project site, but might also
include site residents and visitors in certain instances. Measures that should be included
are:
. Airport shuttle services for destination resort visitors
. Ridesharing
. Vanpool Incentives
. Alternate Transportation Methods
. Work Scheduling for Off-Peak Hour Travel
. Transit Utilization
. ProgramCoordiriarlon
. Traffic Signal Coordination
· Physical Roadway Improvements to Maintain LOS of "D" or Better
-0
The effective implementation of these various TCMs will be significantly enhanced if they
are coordinated through a transportation management agency (TMA) dealing specifically
with bayfront traffic demand management. Formation of such a TMA, including funding
of a TMA coordinator and mandatory tenant participation through CCR covenants in tenant
leases, will maximize the potential for emissions reduction.
19. Dust control measures required by the AQMD will be implemented during construction.
Such measures include maintaining adequate soil moisture as well as removing any soil
spillage onto traveled roadways through site housekeeping procedures. Reducing
interference with existing traffic and preventing truck queuing around local receptors should
be incorporated into any project construction permits. Trucks must turn off engines while
waiting, or not be allowed to enter the site again. The permits should limit operations to
daytime periods of better dispersion that minimizes IOC:lli7ro pollution accumulation.
Monitoring Agency
The City of Chula Vista Planning Department must receive notification from the APCD that an
Authority to Construct and Permit to Operate have been issued before they issue the building
permit for the cogeneration facility.
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Page 8
December 31, 1991
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
All dust control measures required by the AQMD must be implemented and verified by the
MCC and/or Engineering Department. Periodic checks of the construction sites must be
performed to verify that these measures are being implemented. .
The establishment of minimum participation goals and the formation of a Midbayfront TMA
shall be made a Condition of Approval by the City Council in the LCPR No.8. The City of
Chula Vista Planning Department is responsible for ensuring that the TCMs are incorporated into
the project-level CEQA compliance process and mitigation monitoring plan.
Monitoring Schedule
Monitoring to verify that dust control measures are being implemented should occur biweekly,
unannounced during construction and grading. Monitoring will cease upon completion of
grading activities and approval of final grading.
D. NOISE
TwoJ.X>tentially si8nificant imJ?3-cts were ci~:
1. Construction noise could reach 75 to 100 dB at 50 feet from the source; and
2. The proximity of the proposed Child Care Center to 1-5 (800 feet) and the c0-
generation plant exhaust stacks (500 feet) could create significant noise effects.
Mitigation Measures
20. Construction noise intrusion will be limited by conditions on construction permits to week
day hours between 7:00 a.m. and 7:00 p.m. Those same permits will also specify
construction access routing to minimize construction truck traffic past existing park,
residential, or other noise sensitive uses to comply with General Plan standards and
policies.
21. Child care noise exposure must be minimized by establishing a noise performance standard
on co-generation exhaust stack noise met through the use of silencers; a performance
standard of 45 dB at night and 50 dB by day at 400 feet from the exhaust stack is required
to prevent excessive exhaust noise intrusion. A noise barrier along the eastern play area
boundary to screen out traffic noise must also be incorporated into the project-level design.
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December 31, 1991
Page 9
Midbi.yfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
Monitoring Agent
The City of Chula Vista Planning Department, via the MCC, is responsible for ensuring that
these measures are implemented. The monitor will check that construction permits, and c0-
generation operating permits are conditioned with these measures, and will check that conditions
are being met.
Monitoring Schedule
Construction monitoring will occur throughout the course of construction. An annual sound
level check of the co-generation plant will verify its compliance. The noise barrier must be
included on project-level plans.
E. BIOLOGY
Numerous biological resource impacts were cited, including:
. generation of contaminants affecting water quality
. alteration of the pred3.tor/eoinj,etitoripreybalMce
. incremental, yet significant, loss of raptor foraging habitat
. incompatibilities between insects and humans
. predator enhancement impacts on the Light-footed Clapper Rail and Belding's Savanhah
Sparrow
. increased freshwater input from site drainage
. sediment accretion and erosion
. construction effects
. increased human and pet presence
. habitat alteration effects on California Least Tern
. effects from drainage on eelgrass and mudflats
Mitigation Measures
22. The applicant must prepare a Biological Resource Management Plan to determine project-
specific mitigation measures. The Plan must include the following biological resource
management plans as individual sections:
. Predator Management Plan
. Human Activities Management Plan
. Landscape Design and Management Plan
· Water Quality/Runoff/Drainage Management Plan
. Mudflat and Wetland Monitoring Plan
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Page 10
December 31, 1991
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
. Project Lighting Plan
· Construction Monitoring and Management Plan
· CC&Rs/Ordinances/ Applicable Policies
23. . A "biologically aware" construction monitor shall be required for all phases of grading and
installation of drainage systems. The monitor should be employed through the City and
should report directly to a specific responsible person in the Engineering, Planning or
Community Development Department or the mitigation compliance coordinator (MCC).
The monitor will remain on-site and available for consultation should construction activities
fail to meet the conditions outlined or should unforseen problems arise which require
immediate action or stopping of construction activities. This monitor should continue
monitoring on a reduced basis during actual building construction.
24. All post-construction collector drains must be directed through large volume silt and grease
traps prior to being shunted into the freshwater detention basin or the bay discharges. The
trap/traps placed on lines entering the detention basin must be triple-chambered.
25. The silt and. grease traps must be maintained regularly with thorough cleaning to be
. conducted in"iate Sep~inber or early oCtober and as needed through the winter and spring
months. Maintenance should be done by removal of wastes rather than flushing. City
inspections of these traps must occur to ensure that maintenance is proceeding as required.
26. The "direct to bay" drains should be designed and constructed with effective energy
dissipators and flow diffusers which eliminates erosion or accretion of the mudflats and
ensures the protection of adjacent eelgrass beds. An expected loss of mudflat totaling no
fewer than 1. 7 acres must be replaced within the NWR in a location away from the
proposed development area. The drains and the surrounding mudflats and eelgrass beds
must be monitored in accordance with an approved Mudflat and Wetlands Monitoring Plan
for a period of 5 years and any additional corrective measures required must be
implemented and any additional impacted areas resulting must be replaced by the creation
of a similar area from the uplands of the D Street Fill or Gunpowder Point. As an
alternative, the two "direct to bay" drains must be extended to subsurface discharge points
located in the existing I Street Marina boat channel. These discharge points should be
located at a minimum depth of -10 ft. MLL W and should be buried in the mudflat to a
point below the existing eelgrass beds. Drain placement must seek to impact the least
amount of eelgrass habitat possible by either combining the drains or avoiding dense
eelgrass beds. Surface contours must be restored and any construction impacts to eelgrass
must be mitigated by replanting over the pipeline.
27. Studies are required to evaluate the effects of groundwater pumping to ftll the proposed
lagoons. If these studies indicate that this is not a suitable solution for reasons of
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December 31, 1991
Page 11
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
groundwater contaminants or induced salinities, a saltwater intake from the bay should be
placed in a drain alignment or along a similar low impact corridor and should be separated
from the drain at a point below the existing eelgrass beds. Impacts associated with the
placement of this system must be mitigated by the rapid restoration of impacted areas. Any
required discharge or drainage system from the interior lagoons must be to the proposed
storm drain system rather than directly to the bay.
28. No "in water" construction shall be allowed during the period of 1 April through 15
September to avoid the potential for elevating turbidity in the nearshore foraging and chick
training areas of the California least tern. Further, any other activities which are identified
by the biological monitor as having this effect should be precluded from occurring during
this period. If it can be demonstrated that the least tern has not yet arrived in south San
Diego Bay, or has departed earlier than the specified dates, the applicant or agent may
petition the City to modify this timing constraint. The City, acting in consultation with the
USFWS shall have the ability to modify this period to reflect the presence of terns during
the actual year(s) of construction.
No construction activity, earthmoving or high intensity activity will occur within 200 feet
of ariy saltmarsh, freshwaiei marsh; or niiidflat habitat dUring the period 15:March to 31
August without prior approval by the U.s. Fish and Wildlife Service and California
Department of Fish and G~e.
29. Several desiltation basins and back-up basins large enough to handle storm water runoff
must be maintained during the construction phase so that no silts are allowed to leave the
construction site. In addition, construction dewatering should be directed into a basin with
a filter-fabric, gravel leach system so that clear water is released into a basin. As an
alternative, dewatering water should be pumped across the mudflat into the boat channel
and discharged at a point above the bottom to avoid re-suspending bottom silts, but at a
depth of at least 8 feet.
30. Fertilizers, pesticides and herbicides utilized within the landscaping areas of the project
should be of the rapidly biodegradable variety, and registered by the Environmental
Protection Agency for use near wetlands. Further plans required for water quality
management, landscape management, and runoff management should be developed in
accordance with Mitigation Measure Number 19 identified in this document.
31. All landscape chemical applications must be done by a state-certified landscape contractor.
32. Landscape plant materials to be utilized in the project area must be submitted to the City
Landscape Architect for review. Plant materials which are known to be invasive in salt
and brackish marshes (Limonium or Carpobrotus species), or those which are known to be
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Page 12
December 31, 1991
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
attractive as denning, nesting or roosting sites for predators, (Washingtonia or Conaderia),
must be restricted from use. Landscape plans required to be reviewed at the project level.
33. A full-time enforcement staff of two or more officers should be funded by revenues
. generated within the bayfront or by other funding mechanisms to conduct the predator
management program, ensure compliance, issue citations, and conduct routine checks to
ensure maintenance of other mitigation requirements (Le., silt/grease trap maintenance,
etc.). Such officers should work closely with the USFWS in enforcement issues as they
relate to Federal Reserve Lands. Officers should have training in predator control and
should possess the necessary skills, permits and authority to trap and remove problem
predators. Detailed plans are required to be submitted for review at the project level.
34. The proposed bayfront development and parks shall be designated as a "no pets" area.
This means posting all of the parklands/public access areas and imposing fIDes based on
the existing or new City municipal codes, and posting the development areas and including
this restriction in all leases and enforcing these restrictions. Plans addressing how pets will
be prohibited will be required to be reviewed at the project level.
publicawateness sIgns explaining the reSou~Ces, Concerns and p~ohibited activities mu~t
be prominently posted throughout the affected parklands.
Kite flying activities result in high avian disturbance due to the kites being perceived as
predatory birds and thus must be prohibited from parkland areas adjacent to wetlands or
bay mudflats.
Human access to marshlands and buffer areas must be restricted through fencing and signs.
This restriction will be enforced with trespass citations and fines. Specific areas of concern
are along the fringes of Vener Pond, E Street Marsh and Sweetwater Marsh. Additional
human/pet encroachment must be restricted through fencing and visual buffers at the mouth
of the F and G Street feeder channel and southeast of the F Street/Marina Parkway
intersection. Detailed landscape and buffer design plans will be required at the project
level.
35. Open garbage containers shall be restricted and all dumpsters must be totally enclosed to
avoid attracting avian and mammalian predators and scavengers to the area. Garbage must
be hauled away as often as possible. Citations for open garbage containers must be issued
to any entity not complying. Restaurants and park areas are of special concern. Plans
addressing how garbage will be contained will be required and reviewed at the project
level.
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December 31, 1991
Page 13
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
36. Annual funding shall be designated for the purpose of trash control, repair and maintenance
of drainage facilities, fencing, the predator control program, and mitigation programs for
the project.
37. . Not less than 3.5 acres of BfilCkish Marsh and 4 acres of Salt Marsh must be created in
the area between the F and G Street Marsh and San Diego Bay. In addition, tidal flushing
must be enhanced as identified in the Wetlands Research Associates restoration plans
(1987). Further, if marshlands are to be created, as proposed, on both sides of Marina
Parkway, undercrossing areas which remain dry during high tide would be required. It is
suggested that large half-round corrugated culverts of a 10 foot or larger radius be
considered for this purpose. This restoration will also assist in mitigating a portion of the
human encroachment impacts identified by expanding the area and value of the existing
marshlands.
38. No further dredging, structural changes, or proposed uses shall be allowed to occur along
the mudflat or marshland areas of the bayfront. This includes such activities as marinas,
water sports courses, etc. Additionally, the developer, City, and USFWS should jointly
seek to have the San Diego l!nified Port District post a line of buoys to limit access to the .
mudflat and marsh areas. .. . ..
39. Buildings must utilize non-reflective glass and heavy architectural lines. A film glass
manufactured by 3M is recommended. Plans addressing glass type and architecture will
. be required and they will be reviewed at the project level.
Buildings facing marshlands must not include extraneous ledges upon which raptors could
perch or nest. Additionally, roof peaks and crests which are exposed to the wetlands must
be covered with an anti-perch material such as Nixalite. A commitment to correct any
additional problem areas must be obtained should heavy incidence of perching be observed
or should nest building by raptors be initiated on the buildings or in landscaping materials.
Plans addressing specific mitigation to prevent raptor perching require review at the project
level.
40. Park uses witbin the lower third of the 6.8 acre park zone at the F and G Street Marsh
feeder channel must be limited to passive use and should include such features as abundant
native shrubland restoration, which would preclude active recreation in this area. Park and
buffer areas along the E Street Marsh and Vener Pond must be designed to include a visual
and human encroachment barrier between active recreation areas and the marshlands. This
could ~ best accomplished using a vegetated berm separated from a lowered recreation
area ("pits") by a fence. Passive overlooks could be incorporated on the development side
of the recreational "pits." This would provide both a visual screen between the marsh and
the high human activity as well as a distance separation between passive observation areas
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Page 14
December 31, 1991
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
and the marshlands. Both the needs for habitat protection and recreation would be met by
this design approach. Buffer area landscape plans require project-level review.
41. New marshland, pond fringe and salt pond habitats totaling no fewer than 13.2 acres must
be created on the more isolated western portions of Gunpowder Point, ideally with marsh
linkage to both the E Street Marsh and Sweetwater Marsh to aid in off-setting impacts
associated with encroachment, predation, and loss of habitat use by avian species. These
13.2 acres would replace the loss of some of the values associated with the 3,84o-foot
length of the marshland fringing the E Street Marsh, Vener Pond, and Sweetwater Marsh
that would be impacted by predator/competitor threats.
42. A predator management program for the Chula Vista Bayfront must be developed to control
domestic as well as wild animal predators. This program should utilize the Connors (1987)
plan as a basis, but should be tailored to fit the needs of the proposed development. This
plan must include the use of fines as an enforcement tool to control human and pet
activities. The plan should be comprehensive and should include management of predators
within the adjacent wildlife refuge as well as the proposed development areas. Detailed
. landscape and buffer design pl~s will be required at the project level.
Monitoring Agent
The City Planning Department will be ultimately responsible for the implementation of all
measures, via the MCC, Biological Monitor, and with input from the U.S. Fish and Wildlife
Service, the California Department of Fish and Game, the City Engineering Department, and
City Landscape Architect.
Mitigation Schedule
The complete schedule of mitigation measure implementation is contained in the Summary Table
and summarized below.
The Biological Resource Management Plan must be completed and available for review during
the CEQA process for any subsequent project-specific development plans. Other impacts that are
currently uuresolved such as fertilizer treatment and groundwater quality must also be resolved
during subsequent environmental review. No grading or other construction permits may be
issued until these issues are resolved.
The contamination traps must be cleaned in the fall as specified and throughout the winter as
needed. The drainage facilities must be approved by the City Engineering Department prior to
grading for installation.
. .
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December 31, 1991
Page 15
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
All revegetation must be initiated as soon as possible after the area to be revegetated is available.
In areas where the revegetation is to occur on a site not to be disturbed by future grading, then
the revegetation should be started prior to site grading. Otherwise, revegetation should begin
as soon as feasible after grading is completed.
F. ARCHAEOLOGYIHISTORY/PALEONTOLOGY
Development outside of the project boundaries (e.g., for the extension of utilities to serve the
site) could impact adjacent archaeological sites. The site is underlain by soils and geologic
formations that may contain paleontological resources (fossils). Grading for site preparation has
the potential to disturb or destroy these resources.
Mitigation Measures
43. All off-site improvements shall be subjected to archaeological review at the project level
of environmental review.
44. A qualified paleontologist must be at any pre-construction meeting to consult with the
grading and excavation cOnuactors. . ... ... . .. ....
A paleontological monitor must be on-site on a half-time basis during the original cutting
of previously undisturbed sediments of the deposits mapped as Bay Point Formation to
inspect cuts for contained fossils. If the deposits are discovered to be fossiliferous then
monitoring shall proceed; if they turn out to be barren colluvial deposits, then monitoring
should not be continued. (The areal distribution of these deposits is summarized on the
geological map of Kennedy and Tan 1977.)
In the event that well-preserved fossils are discovered, the paleontologist must be allowed
to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely
manner. Because of the potential for the recovering of small fossil remains such as isolated
mammal teeth, it may be necessary to set up a screen-washing operation on the site.
Fossil remains collected during any salvage program shall be cleaned, sorted, and cataloged
and then with the owner's permission, deposited in a scientific institution with
paleontological collections such as the San Diego Natural History Museum.
Monitoring Agency
The City of Chula Vista Planning Department is responsible for ensuring that mitigation
measures for paleontological resources are incorporated into the project-level CEQA compliance
process and mitigation monitoring plans. That plan will include the following measures. The
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Page 16
December 31, 1991
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
MCC shall coordinate at least one pre-construction meeting with a qualified paleontologist and
the grading and excavation contractors for any area to be developed. It is the responsibility of
the MCC to coordinate with the City Field Inspector and ensure that the paleontological monitor
is informed of any cutting of previously undisturbed Bay Point Formation deposits.
Monitoring Schedule
The pre-construction meeting must occur prior to any grading on the site. Monitoring ceases
upon the completion of grading activities and approval of [mal grading.
G. LAND USE
Development of the Midbayfront, as proposed, would result in incompatibility between the
project and surrounding land uses, specifically the Sweetwater Marsh National Wildlife Refuge
and the Nature Interpretive Center. There is also the potential for incompatibility between
residences located above and nearby the commercial retail and commercial visitor uses in the
central core area. The building heights and intensities are inconsistent with the existing,
certified LCP and the General Plan.
Mitigation Measures
45. Incorporation of buffering design measures -- including maximum insulation in all exterior
and interior walls, insulation between floors, window treatments to reduce light and
intrusion, and designated parking spaces for residents within a separated and locked area
of parking.
Mitigation Agency
The City of Chula Vista Planning Department shall review all development plans to verify that
buffering design measures have been incorporated to the extent feasible.
Mitigation Schedule
Review of the buffering design measures would occur prior to the issuance of building permits.
H. PARKSIRECREATION/OPEN SPACE
As currently proposed, the project would result in several impacts to parks and recreation and
open space. Park development according to the proposed phasing plan would not provide
adequate park area or parking for parks to accommodate the anticipated high public usage. In
addition, there is a potentially insufficient amount of parking for park users in the overall plan.
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December 31, 1991
Page 17
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
Information regarding public access from on-site areas to parks, and from areas east of 1-5, is
considered inadequate. Several parks and public areas would be adversely affected by shade
from tall structures.
Mitigation Measures
46. All park development and associated parking must be provided within Phase I. To mitigate
the public access inadequacies, the applicant must submit an access plan, showing
designated public parking areas, access routes to public areas, and access routes and
signage from the east side ofI-5 across E Street. The access plan must be approved by
the City Planning and Community Development Departments.
47. Additional public parking spaces may be required by the City. The number of spaces and
the location of those spaces will be determined during project-level CEQA compliance.
48. The City's Parks and Recreation Department has stated the need to hire one gardener for
every five acres of parkland (a total of six), as well as to acquire additional landscaping
. equipnient such as mowers. .. .. . . . . . .
Monitoring Agency
The City of Chula Vista Planning Department is responsible for ensuring that the
park/recreation/open space mitigation measures are incorporated at the project-level of CEQA
compliance and mitigation monitoring program. The City of Chula Vista Planning Department
must determine the adequate number of parking spaces and verify that they are provided in
future development plans. A public access plan must be approved by the Planning and
Community Development Departments of the City. The City Parks and Recreation Department
must hire the gardeners necessary to maintain the park.
Monitoring Schedule
Adequate park acreage and public parking must be provided prior to issuance of the occupancy
permits in Phase I. Issues of public access must be resolved prior to approval of project-specific
development plans.
I. UTILITY SERVICE
The Midbayfront development project would require modifications to the existing SDG&E
service system, as well as an increase in the amount of energy to the site. The project would
also impact the City Fire Department's services and would require acquisition of a ladder truck
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Page 18
December 31, 1991
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
and employment of four new pefS9nnel. There would be no impacts to the provision of police
protection. The project would result in an incremental contribution to regionally significant
concerns regarding landfill space. The existing sewer infrastructure would be inadequate to
accommodate disposal from the site at build-out. Water infrastructure both on-site and off-site
would be inadequate to provide service. Development of the project would result in generation
of 1,986 school-age children that would impact surrounding schools. The location of 1-5
between the project area and the schools would prohibit the feasibility of students walking to and
from school, resulting in potentially significant transportation costs.
Mitigation Measures
Energy
49. Energy resources shall be conserved by such generally accepted methods as sealing doors
and windows, double-pane glass, increases in wall and ceiling insulation, and the
incorporation of solar benefits. Time-controlled lighting systems throughout the
industrial/commercial portions of the project will also be required to conserve energy.
Solid Waste
50. A recycling program must be undertaken by the developer in conjunction with a local
recycling company. This would include bins on site for the collection of recyclable
materials such as glass, plastic, metal and paper products. Additionally, the development
must incorporate trash compactors to reduce volume.
Fire
51. The following measures are required by the City Fire Department to reduce the significant
impacts to below a level of significance:
a. Maximum fire flow shall be 5,000 gpm.
b. Fire department roadway access shall be provided to within 150 feet of all portions
of any building.
c. All roadway widths shall be a minimum of 20 feet wide.
d. All apartments three stories or more in height or containing more than 15 dwelling
units and every hotel three or more stories in height or containing 20 or more guest
rooms shall be provided with a fully automatic fire sprinkler system.
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December 31, 1991
Page 19
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
e. A fire alarmIevacuation system shall be provided for all public assembly and multi-
residential occupancies.
f. All Title 1924 CCR shall apply relative to public assembly and high rise occupancies.
g. Fire department access roadways greater in length than 150 feet shall be provided with
the provision for the turning around of fire apparatus (either a 75 X 24 foot
hammerhead or a 40 foot radius cul-de-sac).
h. Private fIre hydrants will be required to satisfy the requirement that any part of the
ground floor of any building shall be within 150 feet of a water supply. These
hydrants shall be in place and operable prior to the delivery of combustible building
materials.
i. Public fIre hydrants will be required every 300 feet on public streets. However, if the
location of major buildings is unknown, hydrants may be located specific to the
buildings. This would result in more effective coverage, and could possibly result in
fewer fIre hydrants. For design interest, there are hydrants manufactured which have
a lower profile than the traditional barrel type.
j. Address signs - Easily readable signs which can be seen from the street are required.
Large, contrasting block letters and numbers must be utilized.
k. An additional fire inspector would be necessary to handle additional work load created
by this project.
Additionally, the applicant is responsible for payment for the additional ladder truck
through the Development Impact Fees, and the City's general fund would pay for the
annual salaries for the four-person crew and fire inspector.
Sewer
52. The developer must submit detailed drawings to the City showing sewer line locations and
capacities. The City Engineering Department must review and approve the plans for
consistency with the thresholds policy and with the Metro system (which the project will
tie into).
Water
53. Specific water mains must be completed or upgraded. These include:
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Page 20
December 31, 1991
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
a. A 12 inch main in F Street from Broadway to approximately 830 feet west must be
installed .
b. A 12 inch main in Bay Boulevard from Moss Street to about Sierra Way extension
westerly must be installed. (This will connect the project with supplies of water from
the southern portion of Chula Vista, thus providing the project site with two sources
of water instead of one.)
c. The existing 8 inch main along F Street from Bay Boulevard running west must be
upgraded to a 12 inch main.
d. All on-site mains must be sized 12 inches.
54. To mitigate the incremental impact to regional water supply, the applicant must provide
water conservation measures at the project-design level, including such elements as low-
flow shower heads, low-flush toilets, timed irrigation, landscaping with drought-tolerant
species, drip irrigation where appropriate and development of reclaimed water lines for
future use.
Schools
55. To mitigate school overcrowding and transportation cost impacts the applicant must:
a. Form new Mello-Roos districts to fInance capital costs such as permanent or
relocatable classrooms and school buses.
b. Resolve the issue of new school sites or additional property adjacent to existing
schools for the construction of capital improvements at the project-level of CEQA
compliance.
c. Provide annual costs for student transportation including bus maintenance and drivers'
salaries either by a cash contribution or a long-term binding agreement with the school
district to finance the annual student transportation costs.
Monitoring Agency
The City of Chula Vista Planning Department is responsible for ensuring that the energy, fire,
sewer and water measures are incorporated at the project-level of CEQA compliance and
mitigation monitoring program. The City of Chula Vista Engineering and Planning Departments
would be responsible for verifying that any future development would be in conformance with
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December 31, 1991
Page 21
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
Title 20 of the California Code of Regulations (formerly titled the California Administrative
Code), which requires energy saving devices in new buildings.
The City Fire Department must approve all building plans for inclusion of fire suppression
requirements prior to approval of the building permit.
The developer must install recycling bins. The MCC would be responsible for ensuring their
availability. They must also evaluate the recycling bins for compliance with the mitigation
measures designed to reduce pests.
The City Engineering Department must approve all sewer and infrastructure plans.
The City of Chula Vista Planning Department will be responsible for verifying a resolution of
the school issues to the satisfaction of the local school districts and applicant.
Monitoring Schedule
The energy saving, fire prevention and recycling measures must be inspected and approved prior
to issuance of occupancy permits. Recycling efforts would continue over the life of the project.
Sewer and water improvements must be approved prior to grading for installation. More
detailed water conservation measures will be determined during future CEQA review of project-
specific development plans.
Transportation funding, school CFDs, and school site issues must be resolved during subsequent
environmental review. No further development entitlements will be granted until the applicant
has met the requirements to the satisfaction of the City Planning Department.
J. TRANSPORTATION/ACCFSS
Development of the proposed project would result in significant impacts to street and intersection
capacities on the local street network. In the Year 2000, with project development, all study
area intersections would operate at LOS C or better during the a.m. peak hour. In the p.m.
peak hours, five intersections would operate at unacceptable levels of service (LOS D or worse -
Arterial Intersections, LOS E or worse - Freeway Ramp Intersections). Those intersections are:
Broadway at E Street, F Street, and H Street and the northbound and southbound ramp
intersections of E Street and 1-5.
Mitil!ation Measures
56. To improve these levels-of-service, the following mitigation measures are required:
Page 22
December 31, 1991
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
a. Widen westbound E Street to provide an exclusive right-turn lane from westbound E
Street to the 1-5 northbound on ramp. This lane must be a minimum of 250 feet in
length.
b. Widen the 1-5 northbound off-ramp at E Street to provide an exclusive left-turn lane,
a shared left- and right-turn lane, and an exclusive right-turn lane.
c. Restripe the E Street overpass to provide two through lanes per direction, and two
left-turn lanes from eastbound E Street to the 1-5 northbound on-ramp.
d. Widen northbound Bay Boulevard to provide an exclusive left-turn lane and two right-
turn lanes.
e. Broadway/E Street
Westbound: Construction of an additionallefHurn lane and an exclusive right-turn
only lane
Eastbound: Construction of an additional left-turn lane and an exclusive right-turn
only lane
f. Broadway/F Street
Westbound: Restriping to provide an exclusive right-turn only lane
Eastbound: Restriping to provide an exclusive right-turn only lane
g. Broadway/H Street
Westbound: Construction to provide an additional through lane
Eastbound: Construction to provide an additional through lane and an exclusive right-
turn only lane
Monitoring Agency
The Summary Table attached to this document provides information on the agency or persons
responsible for monitoring each individual mitigation measure recommended above; only the
general responsibilities are described in this section.
The City of Chula Vista Planning Department is responsible for ensuring that the mitigation
measures for Traffic and Access are carried forward to the project-level of CEQA review, and
are incorporated, to the degree feasible, into the project-level mitigation monitoring plans. The
feasibility of the above stated planned roadway improvements must be determined by the City
of Chula Vista, Engineering Department and Caltrans. The City Engineering and Planning
Departments shall condition project approval on all traffic improvements determined to be the
responsibility of the applicant.
December 31, 1991
Page 23
Midbayfront LCP Resubmittal No.8 Amendment
[Continued]
Mitigation Monitoring Program
Monitoring Schedule
The schedule for monitoring will be based on the time-table for planned roadway improvements
negotiated between the City, Caltrans, and the applicant. Circulation improvements shall be
triggered by construction of a pre-determined amount of square-footage, construction of specific
facilities, or threshold traffic volume as required by the City. It will be the responsibility of the
City, in coordination with the MCC, to verify these improvements are made when required.
[C:\WP51IBAYFRONTIMMP.TX11
Page 24
December 31, 1991
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