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HomeMy WebLinkAboutPlanning Comm Reports/1992/12/16 (4) City Planning Commission Agenda Item for Meeting of December 16, 1992 Page 1 4. PUBLIC HEARING: PCS-93-03: Consideration of a Tentative Map for Telegraph Canyon Estates - Baldwin Vista Associates A. BACKGROUND 1, The applicant proposes to subdivide 112 acres of presently unincorporated property located on the north side of Otay Lakes Road directly east of Otay Lakes Lodge mobile home park and directly south of EastLake Shores, The proposal calls for 345 single family lots, two recreation areas, and four open space lots containing over 26 acres, 2, The Environmental Review Coordinator has reviewed the proposed tentative map and has determined that it is in substantial conformance with the Telegraph Canyon Estates General Development Plan and SPA Plan for which Final Supplemental Environmental Impact Report 91-03 was certified by the City Council, therefore, no new environmental review is necessary, B. RECOMMENDATION Adopt the attached Resolution PCZ-93-03, which: 1, Based on the findings contained in the attached draft City Council Resolution, and subject to the conditions enumerated in said Resolution, recommends that the City Council approve the Council Resolution approving the tentative subdivision map for Telegraph Canyon Estates, Chula Vista Tract 93-03, 2. Readopts the Statement of Overriding Considerations and the Mitigation Monitoring Program for EIR 91-05, and recommends City Council do so, 3, Recommends that the City Council approve the street names submitted for the project. C. DISCUSSION Existing Site Conditions The site consists of 112 vacant, unincorporated acres bounded by mobile homes, single family dwellings and an Otay Water District water tank site to the west, single family dwellings to the north, proposed State Route 125 to the east, and future residential in Otay Ranch to the south, Primary access to the property is provided by Otay Lakes Road, Two additional access points are provided by streets which stub into the northwest corner of the property: Gotham Street provides access from Southwestern College Estates to the west, and Creekwood Drive provides access from EastLake Shores to the north, WPC F:\home\planning\372.92 (Rev. December 11, 1992) Lf-( City Planning Commission Agenda Item for Meeting of December 16, 1992 Page 2 The property generally slopes from north to south, and consists of two gently sloping knolls separated by a natural swale in the central portion of the site, Three major easements extend across the property, A 20 ft. wide water easement extends southerly from the water tank along the westerly boundary, A 120 ft, wide County Water Authority easement extends diagonally from the northwest through the central portion of the site, and a 120 ft. wide SDG&E easement extends north to south near the easterly boundary, The Telegraph Canyon drainage channel adjoins the southerly boundary of the site, The Chula Vista General Plan designates the property for Low-Medium Residential (3-6 dwelling units per gross acre), Development Proposal The proposal is for a community containing 345 single family lots and about 26 acres of open space in conformance with the Telegraph Canyon Estates GDP and SPA Plan recommended for approval by the Planning Commission on August 12, 1992 and approved by the City Council on August 25,1992, Three residential lot sizes are proposed, The largest lots, representing approximately 50% of the residential land area and conforming to the City's basic R-1-710t standards, are located in the northerly portion of the site adjacent to the existing single family homes in EastLake Shores and College Estates, Smaller lots are located in the southwestern portion of the property adjacent to the mobilehome park. An intermediate size lot is provided in the eastern portion of the site adjacent to proposed State Route 125 and the Otay Lakes Road corridor. The following table summarizes the lot sizes for the project, AREA # OF LOTS A VG. SIZE MIN. SIZE North 155 8,350 sq, ft. 60 x 100 Central 81 6,790 sq, ft. 50 x 100 Southwest 109 5,685 sq, ft. 45 x 100 The EastLake I P-C District Regulations and Residential Design Guidelines will regulate the development of the lots and the design of the dwellings, Primary access to the project will be provided by way of a signalized intersection with Otay Lakes Road, Additional access will be provided at the northwest corner of the property via Gotham Street and Creekwood Way which presently terminate at the westerly and northerly property lines respectively, WPC F:\home\planning\372.92 (Rev. December 10, 1992) L/-~ City Planning Commission Agenda Item for Meeting of December 16, 1992 Page 3 The interior streets follow the basic form of the property in a curvilinear pattern, All of the streets have been designed to meet City public street standards, The main north- south spine street (Street A) provides additional width for planted parkways (rather than standard monolithic curb and sidewalk) and an 8 ft. rather than 5 ft. sidewalk along the westerly side to serve as a public pedestrian trail from Southwestern College Estates/EastLake to Otay Lakes Road, Additional sections of 8 ft. sidewalk are required along portions of Gotham Street and Streets D and F in order to complete the trail connection. In addition to the sidewalk/pedestrian trail proposed through the interior of the project, a 5 ft, wide decomposed granite trail paralleling the sidewalk will be established along the north side of Otay Lakes Road, Post and rail fencing will separate the trail from the adjacent flood control channel. Grading and Open Space Grading follows the dominant natural land forms with curvilinear streets and terraced lots, Interior slopes vary from 2:1 to 4:1 and are generally 30 ft. or less in height. Two story homes will largely obscure these slopes from public view, A significant scenic corridor, which varies in depth from 200 ft. to 660 ft. at the central swale, is retained along Otay Lakes Road, Grading is minimized in the corridor, and that which does occur is contoured with slope ratios which vary from 2:1 to 8:1. The units along the scenic corridor will incorporate one and two story elements, variable setbacks and varied and detailed architectural treatment in order to enhance the view from Otay Lakes Road, In addition to the scenic corridor, open space areas will be maintained along most of the westerly and all of the easterly boundaries of the property and along the County Water Authority easement which runs diagonally through the site, Over nine acres along the easterly boundary of the property will be reserved to accommodate proposed State Route 125, Project Interface/Separation The project will be separated from adjoining residential areas by a combination of grade differences, landscaped open spaces and solid walls, Grading along the northerly boundary will lower the property an average of 20 ft. below the existing homes in EastLake Shores, thereby preserving views for the majority of those homes (the slope height varies from 45 ft. on the eastern edge to 6 ft. adjacent to the necessary street connection at the westerly edge), The natural elevation of the property is higher than the homes to the west. Grading will retain a height differential of 8-12 ft. above the homes in Southwestern College Estates, WPC F:\home\planning\372.92 (Rev. December 10, 1992) /j"3 City Planning Commission Agenda Item for Meeting of December 16, 1992 Page 4 and 10-30 ft. above the mobile homes in Otay Lakes Lodge, These height differentials, along with permanent landscape buffers, the 20 ft. wide Otay Water District easement, and solid walls, will provide the separation along the westerly boundary of the project, Affordable Housing Generally, projects consisting entirely of single family detached housing are not as conducive to the provision of housing for low and moderate income households as are projects containing a mix of residential densities, The proposal for Telegraph Canyon Estates is to meet the affordable housing requirement off-site through a land set-aside, an off-site project or an in-lieu contribution, This is consistent with the City's recently adopted Housing Element, and the project proponent is currently working with the City Housing Coordinator to determine which alternative is most appropriate in this case, The SPA Plan was approved on the basis that an agreement would be reached prior to approval of a final map, General Plan Consistency The gross project density is 3,1 dwelling units per acre, The net residential density, which includes the residential lots, private recreation areas and interior streets and open space, is 4,3 dwelling units per acre, This figure is below the 4.5 du/ ac mid-point for the Low-Medium Residential (3-6 du/ac) designation, The approved SPA Plan allowed for a maximum of 350 lots whereas the tentative map reflects 345 lots, Community Purpose Facilities The project is required to provide 1.5 acres to be reserved for Community Purpose Facilities (CPF) based on the Planned Community Zone requirements for 1.39 acres of CPF per 1,000 population, The SPA Plan originally showed two proposed CPF sites at the northwest comer of the property, However, condition #8 of the SPA Plan required that either the acreage be relocated on-site or an acceptable agreement to provide a location off-site be reached prior to tentative map approval. The applicant has opted to provide for an off-site location on the Otay Ranch and, while a proposed agreement to that effect has been prepared, it is not yet in a form which is acceptable to staff, The developer is essentially asking for a degree of trust that a CPF site will ultimately be located on the Otay Ranch, While confident that the applicant is well-intentioned, staff is concerned that, since the Otay Ranch is not annexed to the City, there is no guarantee that the developer can comply with the requirement as proposed, Should the Otay Ranch, for whatever reason, fail to be annexed to the City, the result would be a de facto waiver of the CPF requirement. Condition No, 68 of the draft Resolution requires that the applicant either provide an agreement acceptable to the City or submit a revised tentative map which provides a site within the subdivision, WPC F:\home\planning\372.92 (Rev. December 10, 1992) //- ~f City Planning Commission Agenda Item for Meeting of December 16, 1992 Page 5 Eight residential lots have been substituted for the former CPF sites, The revised SPA Plan map reflects this change as does the tentative map, Recreation Areas In accordance with the SPA Plan, two private recreation areas are proposed for the central and northeast portions of the property, Since the project will now be served by public streets rather than a gate-guarded private street system, the pool, spa and cabana planned for the central recreation area have been deleted in favor of a tot lot, basketball court and turfed area, This change was necessitated by the lack of control over such facilities a project with public streets would afford and was anticipated at the time the SPA Plan was approved, The court facilities previously planned for the northeast recreation area will remain, The draft Resolution requires that both recreation areas be maintained by a homeowner's association, Circulation The original project proposal indicated a private interior street system with primary access to a signalized intersection at Otay Lakes Road, Secondary access was to be provided by Gotham Street and Creekwood Way, both of which are public streets that terminate near the northwest corner of the property, At their hearings on the project GDP and SPA Plan, the Planning Commission and the City Council required that the streets within the project be public streets but designed to discourage through-traffic, This has been accomplished by eliminating the northerly section of the main north-south spine street and re-routing through-traffic to a more circuitous route involving three 900 turns, In addition, the Council directed staff to study whether Gotham Street and Creekwood Way should be extended into the property as planned or whether terminating one or both of these streets at the project boundary would be appropriate. The Department of Public Works has considered the matter and, in its attached report, concludes that from a traffic operational perspective, traffic generated by the project can be adequately accommodated without the Gotham Street and Creekwood Way links, They further conclude, however, that the retention of these links is preferred from aspects related to travel time, energy consumption, air pollution and emergency service response time, The entire "superblock" bounded by East H Street to the north, future SR 125 to the east, Otay Lakes Road to the south and Rutgers Avenue to the west was further examined to determine whether or not Gotham Street and Creekwood Way should be extended into the subject property, This examination, which includes neighboring areas, revealed the following: WPC F:\home\planning\372.92 (Rev. December 10, 1992) Ij'- s City Planning Commission Agenda Item for Meeting of December 16, 1992 Page 6 1. This block contains a portion of Southwestern College Estates, all of EastLake Shores and Telegraph Canyon Estates, 2. The College Estates portion is essentially a 176 lot cul-de-sac since its only access to a Circulation Element street is via Rutgers Avenue, The Gotham Street connection would provide this neighborhood with secondary access, 3, The EastLake portion has access to both East H Street and to Otay Lakes Road via EastLake Parkway, thus the Creekwood Way connection is less important from this perspective. 4, Without secondary access to Gotham Street and/or Creekwood Way, the project circulation system would function as a 345 lot cul-de-sac with a single access point at the signalized intersection with Otay Lakes Road, 5, The nearest fire station is located on Otay Lakes Road, one block north of Gotham Street, The Gotham Street connection would provide for faster emergency access to the north end of the project. 6, The only traffic "attractor" within the superblock is the EastLake Elementary School, which students from TCE would likely attend, The Creekwood Way connection would be advantageous to parents of children attending this school. 7, Nearby key attractors include EastLake High School to the southeast, Southwestern College to the west and the Bonita Point Plaza commercial center at Otay Lakes Road and East H Street to the west. 8, To cul-de-sac Gotham Street and Creekwood Way would result in the total separation of the three neighborhoods comprising the superblock. 9, To extend these two streets into the project would provide connections between the three neighborhoods, resulting in an integration rather than isolation of the three neighborhoods, 10, Should an emergency situation or natural disaster occur which results in the obstruction of either Gotham Street in Southwestern College Estates or the main spine street in Telegraph Canyon Estates, access to these neighborhoods would be blocked without at least one secondary ingress/egress point, 11. Both Gotham Street and Creekwood Way were specifically planned to be extended into the Telegraph Canyon Estates property to complete the circulation system in the area, WPC F:\home\planning\372.92 (Rev. December 10, 1992) --I r t(, City Planning Commission Agenda Item for Meeting of December 16, 1992 Page 7 Based on the traffic analysis and the discussion above, staff concludes that both Gotham Street and Creekwood Way should be extended into the project. In addition, both the Police and Fire Departments concur that, in the event of an emergency, an additional access to the property and Southwestern College Estates should be provided, Should it be determined that one or both of these streets must be closed, staff recommends that emergency vehicular access gates and pedestrian walkway access be provided at both streets, Project Phasing The SPA Plan indicates that development will occur in one phase, However, in response to today's uncertain market conditions, the applicant proposes to divide each of the three lot/product type areas into phases, The draft Resolution requires that a phasing plan consistent with the Public Facilities Financing Plan be approved by staff prior to the approval of the first final map, Street Names The applicant has submitted a list of proposed street names for the project. 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V <( :2: ~~- 6-"~':?;;~~1ms //, D =:! 2t '~1-0~ ~L,L_ '1 3 ~/~~~ 0> , " "' MEMORANDUM ",,, , '-Co':; ./ , November 19, 1992 File # EY-358 KY-158 TO: Bob Leiter, Planning Director Clifford L. swans~~ Deputy Public Works Director/ City Engineer fjI' , Harold Rosenberg, City Traffic Enginee~ Traffic Concerns for Telegraph Canyon Estates (Council Referral No. 2649) VIA: FROM: SUBJECT: The Baldwin Company has submitted a development proposal for 112 acres of property located north of Otay Lakes Road between the Otay Lakes Lodge Mobilhome Park and future SR-125. The proposal calls for a maximum of 350 single family lots, two private recreation areas, two community purpose facilities (CPF) , and over 20 acres of open space. Primary access to the property is provided from Otay Lakes Road at a new signalized intersection. Two additional access points are proposed via Gotham Street to the College Estates to the west and Creekwood Way to Eastlake Shores to the north. Gotham Street is a 40 foot wide east/west Class III Collector with one lane in each direction. Parking is allowed along both sides of the street. The speed limit on Gotham Street is posted at 25 miles per hour. The street is designed for an average daily trip (ADT) of 5,000 vehicles with driveway access to single family homes. Presently Gotham Street carries 2,040 vehicles per day. Creekwood Way is also 40 foot wide east/west Class III Collector. Parking is allowed along both sides of the street. The speed limit on Creekwood Way is posted as 25 mph. The street is designed for an ADT of 5,000 vehicles. The present ADT is less than 1,500 vehicles. When the two subdivisions were laid out, it was fully anticipated that these streets would be utilized to access the Telegraph Canyon Estates property and they were designed accordingly. At the Council meeting of August 25, 1992, Council members expressed concerns regarding the extension of Gotham Street and Creekwood Way that it may increase traffic on those residential streets. Staff was directed to analyze the impact of disallowing access to Gotham Street and Creekwood Way. L/_ r Bob Leiter -2- December 2, 1992 If the access to Gotham street and Creekwood Way were disallowed, emergency access would be restricted to only one access point, thereby reducing response time to those Telegraph Canyon Estate residents near the Gotham street neighborhood. From a traffic operational perspective, we have no objection to the closing of the two northerly access points, since the main access via otay Lakes Road can handle all of the diverted traffic (3500 ADT). However, a motorist travelling to the Eastlake area or College Estates area will have to travel a longer distance, thus consuming more gas and producing more air pollution. The traffic study for Telegraph Canyon Estates estimates approximately 350 additional vehicles will use Creekwood Way and another 350 will use Gotham street. Traffic volumes therefore will increase to 1850 on Creekwood Way and 2390 on Gotham street these volumes are below the City design standard level of Service "C" volumes for residential collection streets. Providing access via Gotham Street and Creekwood Way is preferred because this circulation plan will reduce travel time, gas consumption and air pollution, optimize emergency service response time and does not violate the city's circulation standards for neighborhood streets. We also required Baldwin to redesign their proposed subdivision to make the use of their streets, Gotham Street and Creekwood Way undesirable as a shortcut. This redesign also serves to reduce the use of Gotham and Creekwood way. Attached for your information is a copy of the Council Referral. ZAO:nm/rb Attachment (ZA03\TCESTATE.MEM) L(--/G G 1600' ." ~ > :z :z ~ ;:: I;!j " t'" .., I;!j ~ Q::! ;oJ I:tI .., > "'0 ::c o > z -< o z I;!j to ~ > ~ t."J to - :z C'J o l'"J ." > ill' ... 3: l'"J :z ... t"'\ E~ t~~~~ ~~ ;::~"" ~ '"I:j n 00- I ~ CM I = CM , ,~, '~ \ - ..------ _.- 7",/( DRAFT RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTAAPPROVINGTHETENTATIVESUBDIVI- SION MAP FOR TELEGRAPH CANYON ESTATES, CHULA VISTA TRACT 93-03; AND MAKING THE NECESSARY FINDINGS; READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING PROGRAM FOR EIR 91-05 WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 93-03, and is commonly known as Telegraph Canyon Estates ("Property"); and, WHEREAS, the Baldwin Vista Associates, Limited, A California Partnership (Developer) filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Telegraph Canyon Estates, Chula Vista Tract 93-03, with the Planning Department of the City of Chula Vista on September 30, 1992 ("Project"); and, WHEREAS, said application requested the approval for the subdivision of approximately 111,8 acres located on the north side of Otay Lakes Road directly east of Otay Lakes Lodge mobile home park and directly south of Eastlake Shores, east of the easterly terminus of Gotham Street, into 345 residential lots, open space areas and one recreation lot; and, WHEREAS, the development of the Property has been the subject matter of a General Development Plan ("GDP") and a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on August 25, 1992 by Resolution No. 16768 wherein the City Council, in the environmental evaluation of said GDP and SPA Plan, relied in part on the Telegraph Canyon Estates General Development Plan and SPA Plan Environmental Impact Report No. 91-03, SCH No. 91071033 ("Program EIR 91-05"), a program environmental impact report as same is defined in CEQA Guideline Section 15168; and, WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 91-05 that is in substantial conformance in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc" to the project descriptions in said former environmental evaluations; and, WHEREAS, the City Environmental Review Coordinator has reviewed the proposed Tentative Map and determined that is in substantial conformance with the GDP and SPA Plan, therefore no new environmental documents are necessary; WPC F:'J1ome\planning\345.92 (Rev. December 10, 1992) ~/q Resolution No. Page 2 WHEREAS, the Planning Commission held an advertised public hearing on said project on December 16, 1992 and voted to recommend that the City Council approve the Tentative Map in accordance with the findings and conditions listed below and readopted the Statement of Overriding Considerations and the Mitigation Monitoring Program; and, WHEREAS, the City Council set the time and place for a public hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least ten days prior to the hearing; and, WHEREAS, the public hearing was held at the time and place as advertised, namely 6:00 p,m" January 12, 1993, in the Council Chambers, 276 Fourth Avenue, before the City Council and said public hearing was thereafter closed, NOW THEREFORE, THE CITY COUNCIL finds, detennines and resolves as follows: Section I, CEQA Finding re Previously Examined Effects. The City Council hereby finds that the Project, as a later activity to that evaluated in the Program EIR 91-05, would have no new effects that were not examined in the preceding Program EIR 91-05 (Guidelines Section 15168 (c)(2); and, Section II, CEQA Finding re Project within Scope of Prior Program EIR, The City Council hereby finds that (1) there were no changes in the project from the Program EIR which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the project is undertaken since the previous report; (3) and no new infonnation of substantial importance to the project has become available since the issuance and approval of the prior report; and that therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and currently made a condition for Project implementation (Guidelines Section 15162), Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR, and therefore, no new environmental documents are required (Guidelines 15168(c)(2)), Section III. Incorporation of All Feasible Mitigation Measures and Alternatives, The City does hereby adopt and incorporate herein as conditions for all approvals herein granted all mitigation measures and alternatives, if any, which it has determined, by the findings WPC F:\home\planning\34S.92 (Rev. December 10, 1992) L/-/3 Resolution No. Page 3 made in the GDP and SPA Resolution, to be feasible in the approval of the General Development Plan and the SPA Plan, respectively, Section IV, Notice with Later Activities. The City Council does hereby give notice, to the extent required by law, that this Project is an activity within the scope of the program approved earlier in the GDP and SPA Plan Resolution and the Program EIR adequately describes the activity for the purposes of CEQA (Guideline 15168 (e)). Section V, General Plan Findings--Conformance to the General Plan. Pursuant to Government Code Section 66473,5, in the Subdivision Map Act, finds that the tentative subdivision map as conditioned herein for Telegraph Canyon Estates, Chula Vista Tract No, 93-03, is in conformance with all the various elements of the City's General Plan, the Telegraph Canyon Estates General Development Plan and Sectional Planning Area Plan based on the following: A. Land Use - The project is a residential community which provides three lot sizes ranging between 5,685 square feet and 8,350 square feet. The project density is consistent with midpoint of the Low Medium density General Plan range and the approved GDP and SPA Plan, The project is also consistent with General Plan and SPA Plan policies related to grading and landforms. B. Circulation - All of the on-site and off-site public streets required to serve the subdivision consist of Circulation Element roads and local streets in locations required by said Element. The developer shall construct those facilities in accordance with City standards or pay in-lieu fees in accordance with the Telegraph Canyon Estates Public Facilities Financing Plan, C, Housing - The developer is required to enter into an agreement with the City to provide and implement a low and moderate income program off-site of the project or an in-lieu contribution prior to the approval of the Final Map, D, Conservation and Open Space - The project provides approximately 26 acres of open space, 23% of the total 111,8 acres, Grading has been limited on steep hillsides and grading plan approval will require the revegetation of slopes in natural vegetation, WPC F:'home\planning\345.92 (Rev. December 10, 1992) Lt- /1 Resolution No. Page 4 E. Parks and Recreation - The project will provide 0,7 and 1.5 acre private project recreation areas and the payment of full PAD fees. In addition, a public trail system will be provided within the project. F, Seismic Safety - No seismic faults have been identified in the vicinity of the property. G. Public Safety - All public and private facilities will be reachable within the threshold response times for fire and police services. H. Public Facilities - The developer will provide all on-site and off-site streets, sewers and water facilities necessary to serve this project. 1. Noise - The project will include noise attenuation walls as required by an acoustic study dated June 28, 1991 prepared for the project. In addition, all units are required to meet the standards of the UBC with regard to acceptable interior noise levels, J, Scenic Highway - The roadway design provides wide landscaped buffers along Telegraph Canyon Road, a scenic highway, The development edge will be required to be enhanced consistent with scenic highway policy, K. Bicycle Routes - Bicycle paths are provided within the project and Otay Lakes Road has been designed to provide bicycle lanes. L. Public Buildings - While no public building sites are required of the subdivision, the project is subject to RCT and DIP fees, Section VI, Subdivision Map Act Findings. A, Balance of Housing Needs and Public Service Needs, Pursuant to Section 66412,3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources, The development will provide for a variety of single family detached homes and will provide for low and moderate priced housing off-site of the project consistent with regional goals, WPC F:\home'flanning\345.92 (Rev. December 10, 1992) L/~ /5 Resolution No, Page 5 B. Opportunities for Natural Heating and Cooling Incorporated, The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473,1. C. Finding re Suitability for Residential Development. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. Section VII, Conditional Approval of Tentative Subdivision Map, A, Chula Vista Tract 93-03 Tentative Map is hereby approved, subject to the following conditions, and on occurrence of the following conditions, the City will approve and authorize the recording of the Final Map for the territory covered by said Tentative Map (unless otherwise specified, all Conditions and Code Requirements shall be fully completed to the City's satisfaction for each unit or phase prior to the approval of the corresponding Final Map. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title): B. The developer shall: General/preliminarv 1, Install public facilities in accordance with the Public Facilities Financing Plan (PFFP) as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista, In addition, the sequence in which improvements are constructed shall correspond to any future East Chula Vista Transportation Phasing Plan as may be amended in accordance with the final HNTB SR-125 Financing Study adopted by the City, The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision, [Engineering] 2. Prepare, submit and obtain approval of a Development Phasing Plan by the City Engineer and the Director of Planning prior to the approval of any Final Map, said Phasing Plan to be consistent with the PFFP, Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and the Director of Planning, The City reserves the right to condition approval of each final map with the requirement to provide said improvement facilities and/or dedications, The WPC F:\J1ome\planning\345.92 (Rev. December 10, 1992) L(-/G Resolution No. Page 6 City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision, [Engineering, Planning] 3, The mitigation measures required before Final Map approval by the Final Environmental Impact Report for Telegraph Canyon Estates (FEIR) 91-05 are hereby incorporated into this Resolution by reference. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning, Mitigation measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the FEIR, Modification of the sequence of mitigation shall be at the discretion of the Director of Planning should changes in circumstances warrant such revision, [Planning] 4, Unless otherwise conditioned, comply with, remain in compliance with, and implement, the terms, conditions and provisions of the Telegraph Canyon Estates General Development Plan, Sectional Planning Area Plan, Master Plan of Reclaimed Water, Water Conservation Plan, Air Quality Improvement Plan and the Public Facilities Financing Plan approved by the Council ("Plans") as are applicable to the property which is the subject matter of this Tentative Map, prior to approval of any Final Map, or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require, assuring that, after approval of all Final Maps, the developer shall continue to comply with, remain in compliance with, and implement such Plans, [Planning, Engineering] Streets. Rights-of-Wav and Improvements 5, Provide security in accordance with Chapter 18.16 of the Municipal Code, dedicate and construct full street improvements for all public streets shown on the Tentative Map within the subdivision boundary as required for each unit or phase, Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, and fire hydrants, All streets shall conform to the City's Street Design Standards Policy adopted by City Council Resolution #15349 unless otherwise conditioned or approved by the City Engineer. [Engineering] 6, Dedicate for public use all the streets shown on the tentative map within the subdivision boundary for each final map as determined by the City Engineer. [Engineering] WPC F;\home~lanning\345.92 (Rev. December 10, 1992)\ 4-17 Resolution No. Page 7 7, Provide design details for the bridge like structure at the project entry for review and approval of the City Engineer and Director of Planning prior to the approval of the fIrst Final Map which creates individual residential lots, [Engineering, Planning] 8, Include right-of-way for SR 125 in a lot granted in fee to the City for open space and transportation purposes prior to the approval of the first Final Map which creates individual residential lots, Include said lot in an open space district until transferred to the State of California, [Engineering, Parks and Recreation] 9. Install a fully activated traffIc signal on Otay Lakes Road at the project entry. Install conduit, pull boxes, and wiring to interconnect said traffic signal to traffIc signals along Telegraph Canyon Road, No Traffic Signal Fee credit will be given for said installation, [Engineering] 10. Grant to the City an easement or easements for street tree planting and maintenance, and landscape buffer areas along all public streets in the width required by the City's Street Design Standards. [Engineering] 11, Grant a lO-foot wide utility easement within open space lots adjacent to street rights-of- way. [Engineering] 12, Submit to and obtain approval by the City Engineer of striping plans for all collector streets simultaneously with the associated improvement plans, [Engineering] 13, Design all vertical curves and intersection sight distances to conform to standards in the CalTrans Highway Design Manual, [Engineering] 14. Install transit amenities on both sides of Otay Lakes Road at the project entry or appropriate alternative location as approved by the City Engineer, Transit amenities include but are not limited to benches and/or shelters and are subject to approval by the City Engineer. Pay $5,000 cash deposit to the City prior to the approval of the rust Final Map to fund transit amenities when required, [Engineering] 15, Requested Waiver 1 is approved subject to compliance with parking requirements in Street Design Standard Policy, item #20, page 12, Requested waivers 2 and 4 as listed on the tentative map are hereby approved subject to submission of a letter from a registered civil engineer indicating that the results of the waivers requested conform with common engineering practice and standards in consideration of public safety, Requested Waiver 3 is denied, [Engineering] 16, Vacate the Otay Water District access easement across Lots 6-12, [Engineering] WPC F:\home\planning\345.92 (Rev. December 10, 1992) Lj'-/S Resolution No, Page 8 Sewers 17, Provide access to all sanitary sewer manholes via an improved access road with a minimum width of 12 feet, designed for an H-20 wheel load, or other loading, subject to the approval of the City Engineer. [Engineering] Grading and Drainage 18. Provide graded access and 12 ft. wide easements to all public storm drain structures, including inlet and outlet structures, Construct improved access across side yards to drainage structures except as otherwise directed by the City Engineer. [Engineering] 19. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations prior to approval of each Final Map for single family residential use, [Engineering] 20, Provide a letter of permission for grading from SDG&E prior to any grading within or adjacent to the 120 ft. SDG&E easement or which would affect access thereto and permission to locate a public storm drain within said easement. [Engineering] 21. Construct retention/detention facilities on site or as approved by the City Engineer to reduce the quantity of runoff to an amount equal to or less than present flows for the 100 year frequency storm, Provide design and calculations for said facilities to the City Engineer for approval prior to issuance of a grading permit. [Engineering] 22. Prepare and obtain approval by the City Engineer and the Director of Planning an erosion and sedimentation control plan and landscape/irrigation plans as part of the grading plans, [Engineering, Planning] 23, Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. [Engineering] 24, Provide a letter of permission from the CW A for grading and construction of street improvements within the 120 ft. wide easement, prior to any grading or construction within or adjacent to the County Water Authority (CW A) easement. [Engineering] Water 25, Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities, [Engineering] WPC F:\home\planning\345.92 (Rev. December 10, 1992) Lj""/7 Resolution No. Page 9 26, Provide to the City a letter from Otay Municipal Water District indicating that the assessmentslbonded indebtedness for all parcels dedicated to the City have been paid or that no assessments exist on the parcel(s), [Engineering] Reclaimed Water 27, Enter into an agreement with OWD to commit to use of reclaimed water at the earliest possible date, Make all reclaimed water use conform to the applicable regulations of Chula Vista, Regional Water Quality Control Board and the State Department of Health, {Engineering, Planning] 28, Determine the amount of and deposit all costs potentially incurred from retrofitting the reclaimed water system in all areas to be ultimately publicly maintained, when reclaimed water becomes available, the amount of said deposit subject to approval of the City Engineer. {Engineering] 29. Install reclaimed water lines as outlined in the Public Facilities Financing Plan when the associated road improvements are constructed or when the City Engineer determines that the facilities are necessary to provide a link to a live system, (Engineering] Agreements Enter into a Supplemental Subdivision Agreement(s) with the City to: 30, Authorize the City to withhold building permits for any units in the subject subdivision if anyone of the following occur: I. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached, II, Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. 31, Comply with the requirements of the revised Eastern Chula Vista Transportation Phasing Plan and Transportation Development Impact Fee Program or as said documents may be revised based on the conclusions of the H,N,T,B, State Route 125 financing study, {Engineering] 32, Not protest formation of and inclusion in a Maintenance District or Zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent WPC F:'home\planning\345.92 (Rev. December 10, 1992) ~. dC/ Resolution No. Page 10 to the subject property or an Assessment District or Zone for the maintenance of Telegraph Canyon Flood Control Channel. [Engineering] 33, Not protest fOnTIation of and inclusion in a Community Facility District to finance construction of SR 125. [Engineering] 34, Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. [Engineering] 35, Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. [Engineering] 36, Insure that all franchised cable television companies ("Cable Company") are penTIitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the tenTIS and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista, [Eng ineering] Open Space 37, Grant open space lots "A" and "D" to the City in fee on the first Final Map which creates individual residential lots and execute and record a deed for each lot. [Engineering, Parks and Recreation] 38. Submit a list of open space items to be maintained and a rough estimate of maintenance costs to allow City staff to detenTIine a preliminary cost and spread for the open space district. [Engineering] 39, Request that the City fOnTI an Open Space District to maintain public Open Space lots "A" and "D" and submit to the City the associated diagram, cost estimate, description of work and a deposit of $8,000 for processing the fOnTIation of the district. [Engineering, Parks and Recreation] WPC F:'bome\planning\345.92 (Rev. December 10, 1992) "'1- ,:;{ ( Resolution No. Page 11 40. Submit comprehensive detailed landscape and irrigation plans and water management guidelines for all landscape irrigation in accordance with the Chula Vista Landscape Manual. The landscape format within the project shall be in substantial conformance with Section 3.2 (Landscape Concept) of the Telegraph Canyon Estates SPA plan and shall be subject to the approval of the City Landscape Architect and the Director of Parks and Recreation, [Planning, Parks and Recreation] 41. Obtain approval of all plant materials, sizes and locations, and provisions for irrigation of open space maintenance areas from the Director of Parks and Recreation, [Parks and Recreation] 42, Grade a level, clear area at least three feet wide, along the length of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope, said area as approved by the City Engineer and Director of Parks and Recreation, [Engineering, Parks and Recreation] 43. Obtain approval by the Director of Parks and Recreation for the size and location of all access points to open space maintenance areas. [Parks and Recreation] 44, Indicate on the grading plans that all walls which are to be maintained by an open space maintenance district are constructed entirely within the district property, [Parks and Recreation, Engineering] 45, Provide 3 ft. wide solid base on all walls fronting upon an open space district. [Parks and Recreation] 46. Obtain approval of final recreation trail and fence design and location from the Director of Parks and Recreation, [Parks and Recreation] 47, Locate a 5 ft, wide decomposed granite trail with a post and rail fence adjacent to the existing sidewalk on the north side of Otay Lakes Road subject to review and approval of the Director of Parks and Recreation, Locate said fence 2-feet away from the edge of the trail. [Parks and Recreation] 48. Improve an 8-foot wide pedestrian easement along the entire westerly side of Street A, along the north side of Lot "B" to the San Diego County Water Authority easement, north along the east side of said easement to and through the trail path between lots 148 and 149, northerly along the west side of Street F to the southerly side of Gotham Street, and west to the westerly property boundary subject to review and approval of the City Engineer and the Directors of Parks and Recreation and Planning, [Engineering, Parks and Recreation, Planning] WPC F:'J1ome\planning\345.92 (Rev. December 10, 1992) 4, ;;;< 'q' Resolution No, Page 12 49, Submit annual building pennit reports, traffic counts and fiscal impact analysis to the City commencing with the construction of the project and scheduled to coincide with the annual review of the Growth Management Oversight Committee. [Planning] Miscellaneous 50. Tie the boundary of the subdivision to the California System - Zone VI (1983). [Engineering] 51. Submit copies of Final Maps in a digital fonnat such as (DXF) graphic file prior to approval of each Final Map for any unit. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the infonnation in duplicate on 5-1/2 HD floppy disk prior to the approval of each Final Map. [Engineering] 52, Mitigate noise impacts on the residences along SR 125 by the placement of solid walls on the building pads at the top of the slopes adjacent to the roadway, The walls shall be constructed in confonnance with the design guidelines set forth in the SPA Plan for Telegraph Canyon Estates. The end of each noise wall shall wrap around the building pad enough to block the line of sight from all points in the exterior living space to any portion of the impacting roadway, Indicate on the grading plans the location of said walls. The design and placement are subject to the approval of the City Engineer and the Director of Planning. [Engineering, Planning] 53, Construct a block wall between the retaining walls indicated on the Tentative Map along the south side of Gotham Street adjacent to the Otay Water District property. Said wall shall not be lower than 5 feet in height along its entire length and shall be constructed with decorative concrete blocks, subject to the approval of the Director of Planning, [Planning] 54, Create a separate lot for the courts area, to be designated Lot "E", subject to the approval of the Director of Planning. [Planning] 55, Establish a Homeowners Association to provide for the ownership and maintenance of Lots "B", "C" and "E", subject to the approval of the Director of Planning, [Planning] 56, Prepare Covenants, Conditions, and Restrictions (CC&R's) for the project, subject to the approval of the Director of Planning, which provide that: I. Lots "B", "C" and "E" shall be maintained by the Homeowners Association. WPC F:\home\plarming\34S.92 (Rev. December 10, 1992) L/'~3 Resolution No. Page 13 II. The parking of recreational vehicles, trailers or boats within the development shall be prohibited. III, Any landscaped area between the retaining walls and fences on the south side of Gotham Street along the Otay Municipal Water District property shall be maintained by the Homeowner's Association, IV. Fencing on rear slopes shall be limited to coated chain link colored green or earth tones. [Planning] 57, Gain approval by the Director of Planning of the final development plans of the recreation areas on Lots "B" and "E". [Planning] 58, Enhance the development edge along the Otay Lakes Road scenic corridor, Le" varied heights and setbacks, architectural treatment, and decorative landscaping and walls, subject to approval by the Director of Planning. [Planning, Parks and Recreation] 59. Provide a letter verifying that a qualified paleontologist has been retained to implement the mitigation measures relative to paleontological resources as outlined in the Mitigation Monitoring Program prior to the issuance of a grading permit. [Planning] 60, Mitigate adverse impacts associated with geological hazards in compliance with the mitigation monitoring program of the Final Environmental Impact Report for Telegraph Canyon Estates GDP and SPA Plan (EIR 91-05), [Planning, Engineering] 61. Dedicate and record an open space easement on a minimum of 0,9 acres wetlands associated with a larger wetlands area on the Otay Ranch property in a location approved by the Director of Planning, {Planning] 62, Enter into an Affordable Housing Agreement with the City in conformance with Condition No, 6 of the Telegraph Canyon Estates GDP and SPA Plan (Resolution No, 16768) prior to the approval of any Final Map, [Community Development] 63, Use Street A as exclusive access to the property by construction vehicles. Gotham Street and Creekwood Way shall remain closed until the northwesterly phase of the project is constructed, subject to the approval of the City Engineer and the Director of Planning, [Engineering, Planning] 64. Payoff all existing deficit accounts associated with the processing of this application to the satisfaction of the Director of Planning, [Planning] WPC F:\home\planning\345.92 (Rev. December 10, 1992) .L/ C? j/ Resolution No. Page 14 65, Landscape the area between the retaining walls on the south side of Gotham Street along the Otay Municipal Water District property and the sidewalk/trail, subject to the approval of the Director of Planning, and to be maintained by the Homeowners Association, [Planning] 66, Prepare detailed plans for the development within and adjacent to the walkway between lots 148 and 149, said plans to include landscaping, fencing and house siting on adjacent lots, subject to the approval of the Director of Planning and Parks and Recreation, [Planning, Parks and Recreation] 67, Provide a planting area a minimum of 3 feet in width between property line fences and retaining walls 3 feet in height or higher, subject to the approval of the Director of Planning, [Planning] Code Requirements 68. Furnish an off-site Community Purpose Facilities site, subject to the approval of the Director of Planning and the City Attorney, prior to the recordation of the first Final Map for the project, or submit a Revised SPA Plan and Tentative Map which provides for said site within the subdivision, [Planning, City Attorney] 69, Comply with all applicable sections of the Chula Vista Municipal Code, Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance an Subdivision Manual, [Engineering, Planning] 70, Underground all utilities within the subdivision in accordance with Municipal Code requirements. [Engineering} 71. Pay the following fees in accordance with the City Code and Council Policy: I. The Transportation and Public Facilities Development Impact Fees prior to the issuance of any building pennit. II. Signal Participation Fees III. All applicable sewer fees, including but not limited to sewer connection fees d, Pay the Telegraph Canyon Sewer Basin fee, WPC F:\home\planning\345.92 (Rev. December 10, 1992) L/- cQ5 Resolution No. Page 15 e. Pay the Telegraph Canyon drainage fees in accordance with Ordinance 2384 prior to final map approval. Pay the amount of said fees in effect at the time of issuance of building pennits, [Engineering] 72, Make all proposed development consistent with the EastLake I SPA Planned Community District Regulations, as amended in the Telegraph Canyon Estates SPA Plan, subject to the approval of the Director Planning, [Planning] 73, Comply with Title 24 and any other energy conservation ordinances and policies in effect at the time construction occurs on the property in conformance with this Tentative Map. [Building and Housing, Planning] Section VIII. Consequence of Failure of Conditions If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, or if any of such conditions fail to be so implemented and maintained according to their terms, the City, following a public hearing by the City Council at which the applicant or successor in interest is given notice and the opportunity to appear and be heard with regard thereto, shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation, Section IX. CEQA Findings A, Re-adovtion of Findings, The Council does hereby re-approve, accept as its own, and re-incorporate as if set forth full herein, and make each and every one of the CEQA Findings attached hereto as Exhibit A. B, Certain Mitigation Measures Feasible and Re-adovted. As more fully identified and set forth in the Program EIR and in the CEQA Findings for this Project, the Council hereby finds, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures described in the above referenced document are feasible and will become WPC F;'bome\planning\345.92 (Rev. December 10, 1992) ..y. ~ C;; Resolution No, Page 16 binding upon the appropriate entity such as the Applicant, the City, or other special districts which has to implement these specific mitigation measures, C. Feasibilitv of Alternatives. As is also noted in the environmental documents referenced in the immediately preceding paragraph, six alternatives to the Project which were identified as potentially feasible are hereby found not to be feasible. These alternatives are: no project, two alternative designs and three alternative locations. D, Adoption of Mitigation Monitoring Program, As required by the Public Resources Code Section 21081.6, City Council hereby re-adopts the Mitigation Monitoring and Reporting Program ("Program") set forth as Exhibit B to this resolution and incorporated herein by reference as set forth in full. The City Council finds that the Program is designed to ensure that during the project implementation and operation, the Applicants and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings and in the Program, E, Statement of Overriding Considerations, Even after the re-adoption of all feasible mitigation measures, certain significant or potentially significant environmental affects caused by the project cumulatively will remain. Therefore, the City Council of the City of Chula Vista re-issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations, as set forth and attached hereto as Exhibit C, identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable, WPC F:'home\planning\345.92 (Rev. December 10, 1992) L/'~7 Resolution No. Page 17 Section X. Notice of Determination, City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk, Presented by Approved as to form by Robert A. Leiter Director of Planning Bruce M, Boogaard City Attorney WPC F:'home\planning\345.92 (Rev. December 10, 1992) 4-.::95 RESOLUTION NO, PCS-93-03 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A TENTATIVE MAP KNOWN AS TELEGRAPH CANYON ESTATES FOR 111.8 ACRES LOCATED ON THE NORTH SIDE OF OTAY LAKES ROAD DIRECTLY EAST OF OTAY LAKES LODGE MOBILE HOME PARK AND DIRECTLY SOUTH OF EASTLAKE SHORES WHEREAS, a duly verified application for a tentative map was filed with the City of Chula Vista Planning Department on September 30, 1992 by Baldwin Vista Associates Limited, A California Partnership (Developer), and WHEREAS, said application requested approval of a tentative map known as Telegraph Canyon Estates (Property) to subdivide 111.8 acres located at the north side of Otay Lakes Road directly east of Otay Lakes Lodge mobile home park and directly south of EastLake Shores (Project), and WHEREAS, the Planning Commission set the time and place for a hearing on said request and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1,000 feet of the exterior boundaries of the Property at least 10 days prior to the hearing, and WHEREAS, the hearing was held at the time and place as advertised, namely December 16, 1992 at 7:00 p,m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, WHEREAS, the Commission found NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA finds, detennines and resolves: 1) That the Environmental Impact Report for the Telegraph Canyon Estates General Development Plan and Section Planning Area Plan, previously approved by the Commission and the City Council, also applies to this tentative map; 2) That the tentative map is consistent with the Chula Vista General Plan, and the Telegraph Canyon Estates General Development Plan and Sectional Planning Area Plan; 3) Recommends that the City Council adopt the draft resolution attached hereto approving the Telegraph Canyon Estates Tentative Map based on the findings therein and subject to the conditions therein; 4) That a copy of this resolution be transmitted to the applicant and the City Council. WPC F:\home\planning\U 1.92 (Rev. December 10, 1992) ..-f.al'" Resolution No, PCS-93-03 Page 2 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 16th day of December 1992 by the following vote, to wit: AYES: NOES: ABSENT: ABSTENTIONS: Susan Fuller, Chair Attest: Nancy Ripley, Secretary WPC F:\home~lanning\nl.92 (Rev. December 10, 1992) --/- 3 d TELEGRAPH CANYON ESTATES The following street names have been approved by staff: Kingsgate Lane Mulberry Lane Larkstone Circle Kings Crown Way st. James Way Birmingham Way Sterling Way Berkshire Bennington Way Belmont Court Rexford Circle Fox Run Way st. James Place Kingston Lane Norte Dame Way Manchester Way Peach Wood Way Occidental Lane Salisbury Circle Lynch Court Bradbury Court Normandy Circle Tivoli Court Vineyard Circle Wimbleton Court 4-3/ TELEGRAPH CANYON ESTATES CEQA CANDIDATE FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR FINAL ENVIRONMENTAL IMPACf REPORT EIR # 91-05 (SCH # 91071033) IN ACCORDANCE WI1H SECTION 21081 OF TIlE CALIFORNIA ENVIRONMENTAL QUALI'IY ACf EXHIBIT A AND SECTIONS 15091 AND 15093 OF TITLE 14 OF TIlE CALIFORNIA ADMINISTRATIVE CODE 1/- .3 C2 I. INTRODUcnON It is the policy ot the state ot Calitornia and the city ot Chula Vista that a project shall not be approved if it would result in a signiticant environmental impact if it is feasible to avoid or substantially lessen the impact to a level below signiticant. Only when there are specitic economic, social, or other considerations which make it inteasible to mitigate an impact, can a project with significant impacts be approved. Therefore, when an EIR has been completed which identities one or more potentially signiticant environmental impact, one of the following finding. must be made: 1. Changes or alternatives which avoid or substantially le..en the .ignificant eftects as identitied in the FEIR have been required or incorporated into the project, or 2. Such changes or alternatives an within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such change. have been adopted by such other agency or can and should be adopted by such other agency, or 3. Specific economic, social or other considerations make infeasible the mitigation measure. or project alternatives identified in the FEIR. [Public Resource. Code Section 21081) A draft environmental impact report 1 dated May 1992 (the "Draft EIR"), was prepared for the Project and circulated tor 45 days for public comments. A public hearing was held on July 22, 1992. A final environmental impact report, dated July, 1992 (the "Final EIR" or "FEIR"), was prepared based on comments received on the Draft EIR, including tho.e received after the close of the public comment period. The Final EIR consists of two parts: the EIR (with technical revisions), and the comment letters and responses to comments ("Response to Comments"). The Final EIR was also made available to commentors Augu.t 5, 1992 to August 12, 1992 for review, although thie did not reopen the public review period. The following Findings are made by the Decisionmaker(s) relative to the conclusions of the Final Environmental Impact Report (EIR .91- 05) for the proposed Telegraph Canyon Estates project (the "Project") located in the City of Chula Vista. a L/-33 l II. PROJECf DESCRIPTION The 112.4-acre Telegraph Canyon Estates project site is in the Eastern Territories Planning Area of the city of Chula Vista. It is north of Telegraph Canyon Road (Otay Lakes Road), immediately west of the proposed future extension of state Route 125 (S.R. 125). The site is not presently a part of the city of Chula Vista, but it is within the "Special Study" area of the City's General Plan, meaning that it will require action by the Local Agency Formation Commission (LAFCO) to be included into the Chula Vista Sphere of Influence and annexed into the City. The project is proposing to develop a maximum 350 single-family dwelling units (du's), two private park areas, and two community purpose facility sites on approximately 82 acres of the 112.4-acre site, yielding a net density of 4.3 du/ac. Approximately 30.2 acres of the property will be in open space. The Telegraph Canyon Estates project area was originally included as a part of the otay Ranch area and has been included in previous studies conducted for that larger project. Because the project area is physically separated from the rest of the Otay Ranch property by Telegraph Canyon Road, and because the site is adjacent to the Eastlake Community, it is now being proposed as a development separate from otay Ranch. If approved, it will be developed in a manner similar to and compatible with the Eastlake Planned Community and will be processed as an amendment to the Eastlake General Development Plan, Sectional Planning Area Plan, and Planned Community District Re9Ulations. III. DISCRETIONARY ACI10NS The discretionary actions for the proposed project involve the following permits/approvals and the Decisionmaker(s) who will take such actions: . an Annexation (Decisionmakers: LAFCO, the Chula Vista Planning Commission, and the Chula Vista city Council) . a Chula Vista Sphere of (Decisionmakers: LAFCO, the commission, and the Chu1a Vista Influence Chula Vista City Council) Amendment Planning . a General Development Plan (GDP) Amendment (Decisionmakers: the Chula Vista Planning commission and the Chula Vista city council) 2 L/-31 ( a sectional Planning Area (SPA) Amendment (Decisionmakers: the Chula Vista Planning Commission and the Chula Vista City Council) . a Tentative Subdivision Map (TM) (Decisionmakers: the Chula Vista Planning Commission and the Chula Vista City Council) . These Findings are made by the Decisionmaker(s) pursuant to Section 21081 of the California Public Resources Code, and Section 15091 and 15093 of the California Administrative Code, title 14. IV. THE ADMINISTRATIVE RECORD For purposes of the California Environmental Quality Act ("CEQA") and the findings hereinafter set forth, the administrative record of the Decisionmaker (s) shall include the Draft Environmental Report ("Draft EIR"), and the Final Environmental Impact Report ("Final EIR") and its appendices; Response to Comments on the Final EIR; all reports prepared by staff and their consultants, all documents submitted by members of the public and interested agencies in connection with the EIRs and the Project generally; and any documents embodying the Decisionmaker(s) or other action on the Project, including staff reports and resolutions and the minutes of public hearings on the Project. v. TERMINOLOGY Section 15091 of the CEQA Guidelines (Cal. Code of Regulations, tit. 14) 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 three allowable conclusions. The first is the "[c]hanges or alterations have been required in, or incorporated into, the project which would avoid or substantially lessen the significant environmental effect as identified in the Final EIR. II The second potential finding is that II [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 not been 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 alternatives identified in the Final EIR." 3 L/. 35, \, VI. LEGAL EFFECf OF FINDINGS To the extent that these findings conclude that mitigation measures outlined in the EIR avoid or substantially lessen potentially significant environmental effects, are feasible and have not been modified, superseded, or withdrawn, the Decisionmaker(s) hereby binds itself to require implementation of those mitigation measures on the Project applicant and any assigns or successors in interest. These findings constitute a binding set of obligations that will come into effect when the Decisionmaker(s) adopts a resolution approving the Project. VII. MITIGATION MONITORING AND REPORTING PROGRAM As required by Public Resources Code section 21081.6, the Decisionmaker(s), in adopting these findings, also adopts a mitigation monitoring and reporting program designed to ensure that, during project implementation, the Project applicant, and any other responsible parties comply with the feasible mitigation measures identified below. That program is contained in the Final EIR at pp. 211-223. VIII. POTENTIALLY SIGNIFICANT AND SIGNIFICANT EFFECfS AND MITIGATION MEASURES The EIR sets forth environmental effects of the Project that would be potentially significant or significant in the absence of mitigation measures. These effects (or "impacts") are set forth below, along with any mitigation measures adopted that will avoid those potentially significant or significant effects. Also set forth are certain significant effects that cannot be substantially lessened or avoided even with the adoption of all feasible mitigation measures proposed in the Draft and Final EIRS. In adopting these findings, the Decisionmaker(s) also adopts a statement of overriding considerations setting forth the economic, social and other benefits of the Project that will render that significant effect acceptable. That statement of OVerriding Considerations is attached to this Resolution as Exhibit A. ( Public testimony, written correspondence, and comments on the FEIR indicate that there are differences of opinion as to the conclusions in the FEIR and that the Project could result in cumulatively significant and unmitigable impacts on air quality, cumulatively significant and unmitigated impacts on water availability, and significant and unmitigated impacts on biological resources. The following presents the Decisionmaker(s) findings on the impact of the Project. 4 Lo/. 30 ( IX. FINDINGS A Public Resources~ Section 21081(a) The EIR sets forth environmental effects of the Project that would be potentially significant or significant in the absence of mitigation measures. These effects (or "impacts") are set forth below, along with any mitigation measures adopted that will avoid those potentially significant or significant effects. Also set forth are certain significant effects that cannot be substantially lessened or avoided even with adoption of all feasible mitigation measures proposed with the Draft and Final EIRs. 1. Geology/Soils ImDact. Development of the site could expose the project to geologic hazards associated with compressive and expansive soils found on-site, and to hazards from regional seismic activity. Findina. Potentially significant geological impacts can be avoided by adhering to the remedial grading measures set forth in the geotechnical report prepared for the project, and by monitoring during project grading. All grading and drainage plans will be reviewed and approved by the City's Engineering Division prior to issuance of a grading permit. A Testing and Observation Report will be prepared and submitted to the City's Engineering Division to verify that all requirements have been met. Paleontological Sensitivity ImDact. The Oligocene otay and Sweetwater Formations which occur on-site have a high potential for containing significant fossils. Project grading may expose or destroy subsurface fossil-bearing strata, providing new and important paleontological data. Adverse impacts to paleontological resources could occur. Findina. A paleontological monitor will be on-site at all times during original cutting of previously undisturbed sediments mapped within the Sweetwater and otay Formations. Project construction will be temporarily halted, if necessary, to allow recovery of fossil resources. 2. HydrologyfWater Quality/Groundwater ImDact. Short-term erosion impacts could occur during project grading and construction. Existing erosion problems associated 5 y:- :s '7 ( with past agricultural uses will be eliminated after site development, but the amount of runoff will increase with added hardscape. The project could potentially degrade water quality in , Telegraph Canyon Creek from urban pollutants. Findina. Mitigation will require implementation of an erosion control plan during construction, construction of the storm drain plan proposed in the SPA, and adherence to National Pollutant Discharge Elimination System (NPDES) requirements for urban runoff and stormwater discha+ge. All plans shall be designed and constructed to meet City Engineering Standards. 3. Landform Alteration/Aesthetics ImDact. The project will require a balanced cut and fill of 830,000 cubic yards. The grading plan has been developed to follow the dominant site landforms, and the project is proposed to be constructed in a terraced fashion. The maximum manufactured slopes will be 50 feet in height and the deepest cut will be 45 feet on the eastern knoll. Findina. Because the project area is adjacent to Telegraph Canyon Road, which is designated a Scenic Highway by the City of Chula Vista, the SPA has been developed to conform with the Telegraph Canyon Scenic Highway Criteria. The project will provide setbacks from the canyon floor: preserve and enhance the natural stream corridor and trail system; ensure that the project's architectural design, height and siting of structures, and landscaping and signs are considered in the development: and provide landscaping to beautify the adjacent portion of the scenic route inside the proj ect area. The proj ect' s design concept is based on design elements of the Eastlake Design Manual Guidelines, in order to assure compatibility with the adjacent Eastlake communities. 4. Air Quality ImDact. The project will create short term impacts from dust and emissions during project construction. It will incrementally add to cumulative impacts to the San Diego Air Basin by adding pollutants from increased traffic and household emissions. Findina. Mitigation for short term effects will require implementation of dust control measures during project grading, and compliance with the requirements of the APCD and ARB. Long-term impacts will be reduced by adherence to the Air Quality Implementation Plan prepared for the SPA. However, because the San Diego region is a non-attainment area for ozone and particulate matter, cumulative air quality impacts will remain significant and unmitigable. 'Specific economic, social, or other considerations 6 ,,/,3 g make infeasible other mitigation measures or project alternatives. The remaining unavoidable significant cumulative impacts are acceptable when balanced against the facts set forth above and in the attached statement of overriding Considerations. s. Biological Resources ImDact. The majority of the project site is characterized by disturbed and weedy vegetation associated with past agricultural uses. The project will eliminate this vegetation, along with 0.9 acres of wetland habitat. Findina. Although the wetland habitat is fragmented and of low quality, its loss is still considered a significant impact. Its loss could be mitigated by the applicant's dedication of 0.9 acres of wetland habitat off-site (Otay Ranch), to be preserved in conjunction with adjacent wetland habitat. Until specific off-site mitigation for biology is imposed and adopted, the impact to the freshwater marsh would be considered significant and unmitigated. 6. Transportation ImDact. The project will generate a maximum of 3500 average daily trips (ADT). The level of service (LOS) will be lowered from C to D on Telegraph Canyon Road between otay Lakes Road and Eastlake Parkway, from B to C between Crest Drive and paseo Del Rey, and from A to B between Paseo del Rey and paseo Ladera, but intersections will operate at acceptable levels and no significant direct impacts will occur. Findina. The applicant will pay its fair-share of area improvements to reduce cumulative impacts. These may include roadway widening, restriping, or installation of other signals: this will be determined by the City Engineering Department during its annual review of cumulative impacts of all projects in the Eastern Chula Vista Transportation Phasing Plan (ECVTPP). While the project will not require a traffic signal on Telegraph Canyon Road, the applicant is proposing to fund and provide a signal. 7. Noise ImDact. Construction of the project will expose existing residents to short-term noise impacts. The project will not increase ambient noise levels significantly, but portions of the property will be subject to long-term adverse noise impacts from traffic on S.R. 125. 7 -Y~=sr ( Findina. Mitigation will require construction of a noise wall along the eastern portion of the site, and possibly the use of noise-reducing construction materials and techniques. All noise walls will be constructed in conformance with the design guidelines set forth in the SPA, which follow the Eastlake I Design Guidelines. All noise mitiqation measures shall be made conditions of the final map. Prior to issuance of building permits, the City of Chula Vista's Noise Abatement Division shall review final grading plans to determine whether additional noise materials are required for second stories of homes which may be impacted by future noise from S.R. 125. 8. Land Use/General Plan/Zoning ImDact. The project area will require annexation to the City of Chula Vista, which will require approval by the Local Agency Formation Commission (LAFCO). The proposed density is consistent with the city's General Plan designation for the site and conforms with guidelines set forth in the Eastlake Planned Community District Regulations, General Development Plan, and Sectional Planning Area Plan. No significant land use impacts have been identified. Findina. The project includes a loS-acre Community Purpose Facility (CPF) site, which meets the net acreage requirement of the City. The required 10 percent affordable housing requirement will be met by dedication of a parcel off-site for this purpose, payment of in-lieu fees, or a combination of these measures. 9. Parks/Recreation/Open Space ImDact. The project will increase park/recreation use demand by bringing approximately 1,134 new residents into the City. Under the provisional standards for parks set forth by the city of Chula Vista, the Teleqraph Canyon project is required to set aside a total of 3.4 acres as dedicated park land. ~. The SPA proposes to dedicate 30.2 acres (27\) of the total 112.4 project acreage to parks, recreational areas, and open space. These will include private neiqhborhood parks and mini- parks. A portion of the central natural swale and the entire drainage channel adjacent to Telegraph Canyon Road will be preserved as open space, as will the eastern property boundary abutting the proposed S.R. 125 freeway. These open space easements will constitute approximately 20 acres. A San Diego County Water Authority easement, in the center of the site, will be developed as a linear garden totalling 3.1 acres. A public trail is also proposed to connect the project to the Eastlake Community and to the proposed community recreation center. Private 8 Lj'L7cJ parks/recreational and open space areas totalling 5.3 acres are proposed. These consist of a of a recreational center with a changing cabana, pool and spa, a private multi-purpose court area, and the linear garden mentioned above. To provide additional mitigation for impacts to park facilities, the applicant shall pay in-lieu park fees in conformance with Section 17.10 of the Chula Vista Municipal Code. This will be done prior to or as a condition of the Final Map. 10. Public Services and Utilities IlIroact. The project will introduce 102 new elementary school students and 105 secondary students into the area. Because the Chula Vista School District elementary schools and the Sweetwater Union High School District secondary schools are operating above permanent capacities, the addition of these students will create significant adverse impacts~ Findina. The applicant is currently negotiating with the Chula Vista Elementary School District to form a CFD for Salt Creek Ranch and the Telegraph Canyon Estates project (CFD 7). The project will annex into the CFD prior to the Final Map. The applicant has also met with the Sweetwater Unified High School District to begin negotiations to form a new Community Facilities District (CFD 7). The project will be required to annex into CFD 7 prior to the Final Map. Annexations into this new CFD will fully mitigate impacts to the districts. ImDact. Implementation of the project will increase demand on water. Based on the Central Area Water Master Plan Update average of 600 gallons per day per dwelling unit, the proposed 350-unit project will result in an estimated daily residential water use rate of 210,000 gallons. The SPA projects an average potable water demand of 190,432 gallons per day, and an average reclaimed water demand of 92,463 gallons per day, for a total daily water demand projection of 282,895 gallons. Findina. While increased water consumption is a major regional issue, the project is capable of providing water to residents. The Central Area Water Master Plan has specified an infrastructure that will allow a sufficient amount of water to serve the project, and barring general regional unavailability, water can be supplied to the project. The project will meet water Threshold/standards. However, on a project specific basis, water impacts shall remain significant but mitigab1e pending the requirement to obtain a wi1l- serve letter from the OWD once building permits are issued. In response to regional water shortage, the Telegraph Canyon Estates project proposes additional conservation measures for individual households, including use of ultra-low flow indoor 9 4,L// ( fixtures and appliances (low-flush toilets, showers and faucets), pressure reducing valves. It is estimated that approximately 92,463 gallons of potable water per day could be saved if reclaimed water is used to irrigate common areas (parks and open space) within the project. While reclaimed water is not currently available for use within the proposed project, the project is providing a system to use reclaimed water irrigation when it becomes available. As this project's contribution, the applicant shall either install the line across project frontage or pay a proportional share of the line, as determined by the otay Water District. The size of the line will be determined by the City of Chula Vista and the OWD, based on the demand for reclaimed water in the project's vicinity. Since reclaimed water is not currently available for the project to offset water demand, water availability impacts are deemed significant and unmitigable on a cumulative regionwide basis. If reclaimed water service becomes available in the future, this cumulative water availability impact will be mitigated. 11. Public Health Imcact. The data available at the present time are not sufficient to warrant a determination of health and safety hazards to future residents from proximity to the existing SDG&E transmission lines. Findina. While the determination of a significant impact cannot be concluded at this time, the project applicant shall comply with any future EMF policy adopted by the City of Chula Vista prior to consideration of the Final Map: This measure would reduce potential impacts to below a level of significance. B. Publli: Resources ~ Section 21081(b) The Decisionmaker(s) having reviewed and considered the information contained in the FEIR for the project, and the information in the Administrative Record, finds that there are no further changes or alterations to the project that would avoid or substantially lessen the significant environmental impacts that are within the responsibility and jurisdiction of another public agency and should be adopted by such other agency. 10 4-10:;;::_ C. Public Resources ~ Section 21081(c): ~ Infeasibility.m MitieatiQD Measures .and Proiect Alternatives Other .:I]w) ~ PrQposed Telegraph Canyon Estates. The Decisionmaker(s) approval of the Project as proposed will CaUse significant adverse environmental effects which cannot be fully mitigated to biological resources, cumulative air quality, and cumulative water availability. The mitigation measures outlined in Section A of these Findings will reduce impacts to biological resources to below a level of significance. However, until the mitigation parcel is recorded, the biological impacts shall remain significant. The unmitigable effects to cumulative air quality and regional water availability cannot be fully mitigated on a project specific basis, at this time. The Decisionmaker(s) has also considered whether any of the project alternatives outlined in the EIR could feasibly substantially lessen or avoid this effect while satisfying the objectives of the Telegraph Canyon Estates Project. (~Citizens ~ Oualitv Growth ~ ~ 21 Mount Shasta (1988) 198 Cal. App.3d 433, 433-445 (243 Ca1.Rptr. 727]1 ~ ~ Pub. Resources Code, section 21002.) As will be explained below, the Decisionmaker(s) concludes that none of the proposed alternatives could feasibly both meet the Project's objectives and sUbstantially lessen or avoid the unavoidable significant effects of the Project, and thus has decided to approve the Project as proposed with all feasible mitigation measures outlined above. However, pursuant to Public Resources Code Section 21081(c), the Decisionmaker(s) find and conclude that the following independent economic, social, or other considerations make infeasible the project alternatives or other possible mitigation measures as identified in the EIR. The Decisionmaker(s) further find that each independent consideration, standing alone, would be sufficient to make infeasible the following project alternatives. 1. lW Proiect Alternative/No DevelQpment Alternative.and Alternative~ Analysis This alternative consists of no annexation, GDP, SPA, or TSM for the project. The site will remain under County jurisdiction, and will remain under limited control under the S-87 (Special Study Area) land use designation until studies were completed to enable reclassification of the property. At this point, it would be speculative to determine what type of development will be allowed, but it is anticipated that it will be required to provide either a transitional land use from adjacent undeveloped land to more densely developed land (such as that present at Eastlake Shores); or be developed consistent with other types of residential uses on adjacent parcels within the city of Chula Vista. It is probable 11 -jf ~-v:.3 , {, that an overall development plan, such as a specific plan, will be required by the County, to avoid piecemeal development on a lot-by- lot basis. If the property were developed under the existing land use designation and zoning, the 2.5-acre minimum lot size would allow a gross maximum of 44 single-family dwelling units on the 112-acre parcel. This number will likely be lower, in reality, given the constraints on developable land (easements for SOO , E and the SDCWA, wetland area, and setbacks for scenic highways and S.R. 125). All grading will be subject to the County's Resource Protection Ordinance. Impacts to landform alteration/aesthetics, air quality, biological resources, traffic, air quality and hydrology will probably be reduced. Impacts to geology/soils, noise, and public health will be similar to the proposed project's impacts under this alternative. Impacts regarding social factors, community tax structure, and demands on public services will likely be greater. Given the site's proximity to the City of Chula Vista, these impacts will directly affect the City (schools, parks, sewers, water supply, emergency services, etc.) and Threshold/Standards Policy would probably be exceeded. This alternative would not be consistent with the City's General Plan or Zoning Ordinance. Due to these social considerations, this alternative is considered infeasible. No DeveloDment. Under this alternative, the project area will remain vacant and land use will remain unchanged. No impacts to geology, hydrology, landform alteration, air quality, biological resources, traffic, noise, public facilities, parks, or public health will occur. Like the' no project alternative, this alternative would not be consistent with the city of Chula Vista's or County of San Diego's land use designations for residential development, and it would result in loss of tax revenue for the City. It is also considered to be infeasible due to these social factors; additionally, it would not achieve the basic objectives of the proposed project. 2. Alternative Desi~ A This alternative will be a reduced project developed at a low- medium residential density (R-1-7). A total of 280 single-family homes would be constructed on approximately 70 acres resulting in a density of 4.0 dwelling units per acre. Open space would increase to 31.6 acres and would encompass a larger portion of the central swale on-site. The Community Purpose Facility would remain the same as in the proposed project. No circulation plan has been designed for this alternative, but access points ,would be the same as those in the proposed project, 12 ~-.!/"'I and the overall street and cul-de-sac system would be similar. If this alternative is adopted, the following impacts are expected to occur. aeoloav/Soils. Impacts would be similar to those of the proposed project. Constraints from these factors would not expected to be more or less difficult under this alternative or the proposed project. Bvdreloav/Water Qualitv/Groundwater. In terms of project drainage effects on water quality, the discharge into the Telegraph Canyon Creek Channel is regulated by the National Pollutant Discharge Elimination System (NPDES) permit requirements; as such, neither the proposed project nor this alternative (or any alternative) can have a discharge that significantly degrades (as defined by the EPA in the NPDES requirements) the water quality in the receiving channel. Fewer houses would probably translate to fewer vehicles using and parking on the streets, resulting in less material to be carried off during rainstorms. While this could allow easier attainment of the NPDES requirements, the reduction in material is not likely of sufficient magnitude to affect the way the system would be designed to meet NPDES requirements. This alternative may result in less runoff, as there would likely be less hardscape and more permeable surface (yards, open space). Even with the same design the reduction would not be proportional to the drop in units, as the road system could not be reduced proportionally. Calculations on storm drainage capacity in Telegraph Canyon Creek channel showed that the proposed project's input is less than significant, and that the channel would still be well under capacity. This alternative may result in less runoff; but the amount of runoff was not found to have a significant impact with the proposed project. With the inclusion of much of the central swale in open space there would likely be somewhat more input of fertilizers, pesticides, and herbicides into the drainage than under the proposed project, as there would likely be private yards adjacent to the swale. Private use of these chemicals is difficult if not impossible to control. Landform Al teratien/Aesthetics. Landform alteration would be similar under the proposed project and this alternative. The overall landform would be retained, and the street system must be created, regardless of the 60-unit difference. Aesthetics is a subjective environmental issue. People who object to the placement of a 350-unit residential project on this site would likely object to the placement of a 280-unit project. Conversely, even with having to maintain the street system, a reduction in units may allow the designers to create a more aesthetically ,pleasing project. Given that a street system is necessary, it is likely that the proposed project and a design 13 /f~ .L/ --.5 . under this alternative would be considered aesthetically similar by most passers-by. Within the project, the retention of the marsh area would likely have mixed reactions from the residents. Small areas of marsh do not have the wildlife that people find attractive. The marsh would quickly become a solid band of cattails if left alone. This is not considered aesthetically pleasing by most people. The odors of the decomposing vegetation in the summer and the presence of mosquito and biting flies would be objectionable to residents living near the marsh. From an aesthetics perspective, the landscaping of the proposed project and the elimination of the biting insects would likely be considered preferable by the majority of residents. Air Qualitv. From a project perspective, the reduction in units associated with this alternative would result in lesser air quality impacts, as fewer vehicles would be present, and fewer fireplaces and furnaces would be used. From a regional perspective, impacts depend on whether it is assumed that the 60-unit difference disappears, or if it is fulfilled elsewhere. The main source of air pollution in the county is from vehicles. If the 60 units will be supplied elsewhere, and if that compositely creates more travel for the inhabitants to work and shop, then greater air quality effects will occur than with the proposed project. If the 60-unit difference disappears, or if the "displaced" inhabitants select housing that will result in less travel, then lesser air quality effects will occur than with the proposed project. However, this alternative would still result in cumulatively significant unmitigable impacts. lIioloaical Resources. As noted in the Biological Resources technical report, and in the EIR section, the marsh area is not of high value. Potentially adverse impacts associated with preservation of the wetland within the development are discussed above under aesthetics. While preservation on-site of resources is usually the preferable choice, given the size and isolated nature of the marsh area to be retained, preservation of higher quality habitat off-site, as in the proposed project, would result in greater ecological value. CUltural Resources. There is no impact on cultural resources with either the proposed project or this alternative. '1'ransDortation. The number of projected ADTs for the proposed project is 35001 with this alternative that number would be reduced to 2800. Less traffic would be considered a beneficial impact, although cumulative impacts would still occur and mitigation measures similar to those required for the proposed project would be needed. Nois.. The noise generator for this project is largely the future State Route 125 and Telegraph Canyon Road. These noise sources are 14 9':- Y Y; ( independent of the project density. Under this alternative more redesign may be possible as a part of the noise mitigation, but features such as noise walls would probably still be required. Land U.eiGeneral Plan/zonina. Both the proposed project and this alternative are in general compliance with these issues. The issue of affordable housing and community purpose facilities will be met with the proposed project and this alternative. Community social Pactors. Neither the proposed project nor this alternative would have impacts to community social factors. Communi tv Tax structure. This alternative would generate lesser fees, as it results in lesser density. Fewer units would be built, resulting in lower property tax assessments. Fees paid to schools, parks, the water district, and other public facilities would be reduced. Parks/Recreation/ODen SDace. More open space would be created with this alternative than with the proposed project. The tennis courts, pool, and jacuzzi facilities associated with the proposed project are eliminated in this alternative. The decreased number of units would result in fewer funds for public park land and no private recreational facilities would be provided. Public Services and utilities. Lesser demands would be placed on public services and utilities with this alternative. The number of students projected would reduced from 105 to 84, but the project would still be required to annex into a CFD to fully mitigate impacts. ' Public Health. The lesser density of this alternative may allow designers to incorporate greater distance from the transmission lines. At this time it is not possible to determine significance of the lines to public health. As discussed above, incorporation of a part of the marsh into the project allows a source of mosquitoes and biting flies, and provides a potential for disease. This alternative could introduce significant health concerns. ( Thus, while this alternative would reduce some impacts, mitigation measures similar to those required for the proposed project would still be needed. This alternative would not create significant impacts to biological resources, but could create impacts to aesthetics and public health by preserving the marsh on-site. cumulative impacts to air quality would remain unmitigated under this alternative. Therefore, as this alternative does not substantially avoid or lessen the adverse effects of the proposed action, it is not considered to be environmentally preferable and therefore is infeasible. 15 q'- "-/7 3. Alternative Desi&n.B This alternative would be identical to the proposed project, except the proposed street system would be public rather than private. All impacts associated with this project would be the same as with the proposed project, except those related to community Tax structure. As currently proposed, the project contains approximately 2.5 miles of private local streets. As such, the city of Chula Vista would not incur any maintenance costs. Such costs would be borne by the property owners through a homeowners association. If the streets were dedicated to the City of Chula Vista as public streets, however, the City would be required to maintain them within its regular street maintenance program in its Operations and Maintenance Budget. Redesignation of the private streets to public would allow through- traffic to gain access through the project site. However, volumes of traffic are not projected to change significantly, and additional traffic impacts are not expected to occur under this alternative. The proposed project would have a net positive fiscal balance for the City of Chula Vista, with assessed fees and taxes exceeding costs. with the City assuming the streets and the ensuing maintenance, that fiscal balance would remain positive, although it would be reduced. Under the proposed project (private streets) the net positive fiscal balance in year fifteen would be projected at $827,043. Under this alternative (public streets), the projected net positive fiscal balance would be $454,718. This is a reduction of $372,325. This alternative would result in the same impacts as the proposed project, with the exception of community tax structure. The City's fiscal balance, while still positive, would be reduced under this alternative. The significant, unmitigated impacts with respect to biological resources and cumulative air quality and water supply would remain. While this alternative cannot be deemed infeasible it would not substantially lessen or avoid the adverse effects created by the proposed project and is not considered to be environmentally preferable. 4. Off-Site Alternatives The State Supreme Court has recently ruled that EIRs must include an analysis of alternative sites for proposed projects, even though the sites may not be owned by the applicant [Citizens of Goleta Valley v. Board of Supervisors ("Goleta I") (2d Dist. 1988) 197 Cal. App. 3d 553 [276 Cal. Rptr. 410]). Three alternative sites 16 4- ,L/ 'i? were analyzed in the EIR. These are considered infeasible because the potential environmental effects were found to be greater than those expected on the proposed project area. A. .Q1i)' Ranch Alternative ~ This site consists of approximately 500 acres within the Otay Ranch property and is located southwest of the Teleqraph Canyon Estates site. Like the Teleqraph Canyon Estates property, this site is within the unincorporated area of San Diego County. This site encompasses a portion of poqqi Canyon. The site is within the County of San Dieqo's Otay Subreqional Plan and is subject to land use and zoning regulations defined in that document. The General Plan's land use classification for the property is Residential (low-medium density, 3-6 du per acre), and the site is zoned A-70, Limited Agriculture, allowinq 1 du per 4 or 8 acres). The proposed otay Ranch plan would provide low-to-medium density (3-6 du/acre) residential development on this parcel. If the otay Ranch alternative site is chosen, impacts to geology/soils, hydrology/water quality/groundwater, air quality, cultural resources, traffic, public services, and public health are expected to be similar to those which would occur with implementation of the project as proposed. Fewer impacts related to landform alteration and noise are expected. However, impacts to bioloqical resources could potentially increase, and the effect on community tax structure would be qreater. Particularly in terms of biological resources, this alternative is not considered to be environmentally preferable. B. .Q1ay ~ Alternative ~ ( This site also consists of approximately 500 acres of vacant land. It is within the jurisdiction of the City of San Dieqo, and is about 0.5 miles east of 1-805, north of Otay Mesa Road. The site is presently vacant and is surrounded by vacant land. It is within the City of San Dieqo's otay Mesa Community Planninq area and is desiqnated for mixed land uses (very low to low-medium density residential, neiqhborhood commercial, parks, and schools). The property includes portions of the proposed California Terrace and Hidden Trails projects. Brown Field is approximately one mile east of the site. If the Otay Mesa alternative site is chosen, impacts to traffic, community social factors and tax structure, and public services are expected to -be similar to those which would occur with 17 -/. Lf- '1 implementation of the project as proposed. Fewer impacts would occur with respect to parks, recreation, and open space. However, it is anticipated that impacts would be greater to geology/soils, hydrology/water quality/groundwater, landform alteration and aesthetics, biological and cultural resources, land use/general plan elements, and public health. C. Eastlake Vistas.ami Woods This SOO-acre site is composed of two parcels north and south of otay Lakes Road and west of the Lower otay Reservoir. It is in the city of Chula Vista's Eastern Territories and is the easternmost property within the Eastlake Planned Community. The property is proposed to be developed as the Eastlake Vistas and Woods residential neighborhoods. The site is currently vacant, with development existing to the east and approved to the west. The future extension of S.R. 12S is just over one mile west of the site. Salt Creek, an important biological and aesthetic resource, is located on-site. If the Eastlake Vistas and Woods alternative site is chosen, impacts are expected to be approximately the same as on the proposed project site for landform alteration/aesthetics, air quality, traffic, land use, community social factors and tax structure, utilities, and public health. Impacts related to noise and parks/recreation/open space would likely be reduced. However, there is the potential for increased impacts to geology/soils, hydrology, and biological and cultural resources. ( 18 ,/ Cc) -, -~ ;:;> TELEGRAPH CANYON EST A TES MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) EIR 91-05 EXHIBIT B "'/"-~' 5/ ." I - - . a.!E, ~:: , u", gel i,il ell- -1i, =Q 2 ! g c:I 'Ii i I' 0 a: f a.:1 IL CI Q g II z U /I ~ II 0 II i IL III ~g II a: c Q =i II '" ~ !au I i '": -!Ell ... t5 C II ! ... 0-" - Z =~ II . 2i it & . . {! g a:..., II Z /I 0 2 Z - oir E 0 . ~ i s~g>-el'" . E ljli~t E 1= . . 2 ~ ~ ~ -II trio!! ~I -f!eS-t I -" 1'1 ! r ~ A~~~ S5 ~ ~ Jill .z",-1f I""i i~1 'io~!t!~ i 'Ii" , i i I ",~il"~j .!~ . 'I fjJ" "i~f .t~~'! 1 t~"'1ifli :II 1>li~i,. ~ p i ~i -!.z~ g !!!!!tII15f ~]i i ,. "i"'. i~hdHf ;.: ell fJ "'~ "'il1i5j 'I5{i,,'I n jlIf := .. 8.zl r' i1.zjil.z 2 jll!tti!i !lli!i t :!i1.'Ii~1Si~ ih ~ J ~ "" <Ii ,.j . ~ 4'~' '5 q> 223 II II I . 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Ii- S:I i~ ~ ~i 'if list I ,"I:! ~ 5... ~ "OJ i{i~ i!~1 u61 .>>.sc ~islS f ".1 "iff ;f !f!I!Ii~j ~ .q tii -1S.i:;l11 ..'; R-.. .!81;!"OI~Ec -~ i!!t 0 S!!..si!~ ij i~. j~~!~tS~lt ~ r~ ill i1iStl iil i~f f~! fit-~.Ii~Ji I ~~~ ~..! ~~~i."."! j f~'I ~~. ~s~~ti~J'i ! j !ii..: N ~ ..: 4'~,>~. 233 EXHIBIT C STATEMENT OF OVERRIDING CONSIDERATIONS: Back2round The state CEQA Guidelines provide: "ea) CEQA requires the Decisionmaker(s) to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable'. (b) Where the decision of the public agency allows the occurrence of significant effects which are identified in the Final ErR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the Final ErR and/or other information in the record. This statement may be necessary if the agency also makes a finding under Section 1509l(a) (2) or (a)(3). (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination." (CEQA Guidelines section 15093) The Decisionmaker(s) in approving the various permits that are the subject of the FErR, having considered the information contained in the FEIR and supporting technical reports, GDP, and SPA; and having reviewed and considered the public testimony and record, makes the following Statement of Overriding Considerations in support of the Findings. The Decisionmaker(s) further find and conclude that the public benefits of the project outweigh the identified significant unmitigated impacts with regard to biological resources, cumulative air quality, and regional water availability. The Decisionmaker(s) find the following factors support approval of the project despite the significant and unmitigated.effects of the proposed project, and make the following Statement of OVerriding Considerations: ~. ~he project will rulrjll a demonstrated need ror housing in the Chula Vista Sphere or Inrluence area. According to SANDAG'. Series 7 Growth Forecast, the population within the City of Chula vista Sphere will grow to 186,900 by 2010. This represents a 31' increase over the 1986 sphere population of 129,200. The SANDAG forecast further projects that the number of occupied units will increase to 70,800 occupied units in 2010, up 35' over the 1986 total of 46,100 units. The regional population is forecast ta climb to 3,154,500 by 2010. While the population 19 Lf?3 growth rate within the city of Chula Vista's current city limits is 22% below the regional rate, the growth rate in the sphere area is projected at 174' higher than the regional rate. The proposed lot and home sizes will be provided for varied single- family market opportunities within the community. The 10% affordable housing requirement will be provided by dedication of a parcel off-site for this purpose, payment of in-lieu fees, or a combination of these or other comparable measures. 2. The project is in conformance with the EastlaJce PoHey Plan and Chula Vista General Plan. The Telegraph Canyon Estates General Development Plan (GDP) will implement the Eastlake Policy Plan Goals to . enable the City to adopt measures providing for the development of the surrounding areas . establish conditions which will allow land uses to exist in harmony with the community . and allow a diversity of uses, relationships, buildings, and open space in a planned concept while insuring substantial compliance with the spirit, intent, and other provisions of the General Plan. The project will be compatible with adjacent land uses and has been designed to create harmony between land uses. OVerall landforms will be preserved and the project will adhere to the General Plan's Scenic Highway Criteria. 3. The Public Facilities Financing Plan (PFFP) prepared for the project will provide a mechanism for funding needed facilities within the City of Chula Vista. The PFFP is the first to be prepared under the requirements of the City of Chula Vista's Growth Management Program and Implementation Ordinance No. 2448. The PFFP quantifies how the Telegraph Canyon Estates project relates to all other projects which are at some stage in the city's overall development process. It ensures that the development of the project is consistent with the overall goals and policies of the city's General Plan, Growth Management Program, and that the development of the project will not adversely impact the Quality of Life Standards. Under the PFFP, the applicant will pay development impact fees for public facilities (police, fire and emergency medical services; schools and libraries; parks and recreation; and water, sewer and 20 ~.k,~1 Aug.19 '9212:02 AFF"'!S FAX 441-64~ P. 2/4 '~ drainage) and a transportation development fee pursuant to the most recently adopted program by the city Council. 4. The recreational .facilities and .funding provided by the project are needed in the city o.f Chula Vista. The project, as proposed, would provide private recreational facilities for residents. In addition, the applicant will pay in- lieu park fees which will be used to fund needed park and recreation facilitie. in other area. of the city of Chula vista. Approval o.f the project will 81f1'8&le8 iR~ .formation o.f new community Facilities Districts (CFD) lor cIty schools. The Telegraph Canyon Estates project was formerly a part'of the otay Ranch project, and thus it had been assumed that this parcel would annex into the new CFD that will be formed for otay Ranch if that project is approved in the future. 5. As Telegraph Canyon Estates is now being processed separately, the applicant has negotiated with both the Chula vista Elementary School District and the Sweetwater Union High School District to form a new CFD prior to otay Ranch. CFD 7 will annex the proposed project with the salt Creek Ranch project (already approved and built) to provide funds for needed school facilities. 6. with the provision o.f an o.f.fsite easement dedication .for 0.9 acres o.f existing wetlands to be preserved and incorporated into a larger wetland habitat area, biological impacts will be reduced to below a level o.f signi.ficance. The proj ect applicant proposes to coordinate the location and dedication of an offsite conservation easement for 0.9 acres. If this offiste mitigation occurs, the removal of onsite wetlands will be mitigated. The exact location of the offsite conservation easement will be determined and dedication will occur prior to the removal of the onsite wetlands. 7. The provision o.f reclaimed water service to the sit. will mitigate the impact regional to water availability. The project proposes to construct an onsite dual-water system to provide for the use of both potable and reclaimed water. The production of reclaimed water i. controlled by the Otay Water District (OWD). Distribution of reclaimed water i. controlled by the construction of reclaimed water pipelines. currently, reclaimed water pipeline. do not reach the project .ite. The OWD'. Master Plan for reclaimed water facilities designate. that reclaimed water pipelines will be provided in Otay Lakes Road, from 21 ~-63 Lane Avenue to the project site. When these pipelines are constructed, the project will be served by reclaimed water by the OWD. The provision of service of reclaimed water will mitigate the impact on water availability to below a level of siqnificance. For these reasons, on balance, the city finds that there are planning, social, and economic considerations resulting from this project that serve to override and outweigh the project's unavoidable siqnificant environmental effects. 22 /f'- L, ? THE CITY '">1;" CHULA VISTA PARTY DISCLOSl ;: STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, I.e., contractor, subcontractor, material supplier. Baldwin Vista Associates, a California limited partnersh1p 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. James P. Baldwin Alfred E. Baldwin 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. . N/A 4. Have you had more than $250 worth of business transacted ~ith_ any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No 2- If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants odndependent contractors who you have assigned to represent you before the City in this matter. "11M 01 ~IoY c..UVc..K C~tt -.&(-{ G ~1C.4., "f}{ <::"t...~O(~ ~ i ~I J~ t-,<... LI.J.NOS!fVl(J1"-\. .5tf"'EUr O~'Y(..:'t.. 6. Have you and/or your officers or agents, in the aggregate, contributed more than S1,000 to a Council member in the CUrrent or preceding election period? Yes _ No..lL If yes, state which Councilmember(s): P~rs()n is defined as: "Any indMdual, Jimr, co-pannership, joinf I'enfl/re, association, social club, fraternal organization, corporation, ('Ji((IIC.', !I1ISt, rcccin:r, syndicllle, rllis and any olher COLlllty, ciry and country, ciTY, nluJJicipfllil)', district or Drher poliricnl slIbdh';s;UII. or OilY olher group or combination acting as a unit: (NOTE: Attach additional pages as necessary) Dalt:: ~i --'l"- ()iLl L Signature of contractor/applicant . ~ 1.'.11' _ ',DISCLOSLTXll Claudia Troisi, Senior vice President Print or type name of contractor/applicant [Ih-..I'n.! ]] 11I'ln!